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
Lib Intra 8. b. sect 7. Upon a false returne Lib. Intra 11. A. sect 1. Upon returning nichil where he had sufficient Lib. Intra 11. C. sect 2. For what things this action Lyes Against a Tennant by elegit that holds the lands after his money tendered him and Cuts the trees 21 Edw. 3. 16. So if tennant at will Cuts the trees Littleton 15. A. Coke 8. part 13. B. Salops case 48 Edw. 3. 25. If a Bayly cuts trees without cause 18 Edw. 4. 27. For disturbing of men to come to my chappell with offerings 19 Rich. 2. action upon the case 52. Against the owner of the land in which I have a way and he streightens it 33 Hen. 6. 26. For trenching of it Lib. intra 616. C. sect 1. For any manner of disturbance in my passage or part of my way so that I cannot pass so commodiously as I did before 14 Hen. 8. 31. 21 Hen. 7. 35. 22. Hen. 6. 15. 10 Hen. 7. 21. If the whole way be stopped by one that is not owner of the soil it Lyes 22 Hen. 5. 33 Hen. 6. 26. 10 Hen. 7. 21. So if tertennant and others stop it 34 Hen. 6. 4. tamen quaere For against tertennant that stops all the way an assize of Nusance doeth lye and not this Action 22 Hen. 6. 14. 3 Eliz. Dyer 250. pl. 88. 19 Hen. 6. 29. pl. 49. Paston 2 Hen. 4. 11. pl. 48. No. Lib. intra 12. 6. sect 10. But if I have it but for years Case lyes 33 Hen. 6. 26. Nat. br 176. et 184. L. eodem If A. stops my way and leases the land to B. it lyes against B. if he do not open it but if A. build a house and leases it to B. there B. cannot pull it down for my way for this is waste in B. Trin. 13. Jac. Regis Bolds case and Rutlandshiers case But the 11 Hen. 4. Action upon the case lyes for stopping of a way in grosse only and an assize of nusance for a way appendant 21 Edw. 3. 2. 6. 34 Hen. 6. 4. pl. 11. But for stoping of a way in my own land trespasse vi et armis lyes and not this Action 31 Edw. 3. Action upon the case 38. 13 Hen. 7. 26. But for stoping of a high way the defendant shall be punnished in the Leete and not by this Action unlesse the party had a speciall losse 27 Hen. 8. 26. 5 Edw. 4 2. b. 7 Hen. 4. 8. 33 Hen. 6. 26. Coke 5. part 73. A. Williams case 21 Hen. 7. 35. Coke 9. part 113. Mayrs case If A. sayes that B. hath right in my Land for years Action Lyes Coke 1. part 177. Mildmays case No. Lib. intra 30. A. sect 27. but I ought to shew how I am prejudiced A. brought an Action upon the case against B. because that he published that he had the lease of the land of A. and that he intended to sell it and was hindered B. said that he had an Indenture as in the Count is mentioned and traverseth that he forged it 1 when B. claims a right though he had none yet the Action Lyes not 2 the Count is good because it is that it was against the knowledge of B. that it was forged 3 sciens is not traversable Coke 4. part 18. A. cáse 14. For stopping a ditch by which my land is surrounded Nat. br 88. E. 89. M. 39 Hen. 6. 32. 11 Hen. 4. 82. 14 Hen. 8. 31. For not scouring a Ditch by which my land is over-flowen Regist orig 100. A. For breaking of a seabanke by which my land is surrounded Nat. br 86. F. 89. B. et C. Regist orig 95. A. It lyes not for erecting of Cony-burroughs by which I lose the profits of my land because the party had no property in them Coke 5. part 104. Boulstons case If one hath the trade of a Bakehouse by 1. For disturbing my Bayly to distrain for an amercement 18 Hen. 6. 9. pl. 20. 2. For disturbing me to distrain or to attach Nat. br 102. F. 3. For distraining more sutors to come to my Leete Nat. br 94. G. Coke 4. 94. B. Regist orig 103. B. 4. For distraining Parsons or Vicars in their spiritual possessions Nat. br 94. E. and the Writ is contra legem consuetudinem regni nostri contra formam articulorum contra pacem nostram ibidem 1. Against him that set up a Fair or Market against my Fair or Market 22 Hen 6. 14. 11 Hen. 4. 74. But 41 Edw. 3. 24. per Belknap Quod permittat lyes and not this Action 2. For disturbing Customers to come to the Market 11 Hen. 4. 47. 41 Edw. 3. 24. 29 Edw. 3. 18. 9 Hen. 6. 45. Nat. br 91. G. 2 Edw. 3. 32. pl. 9. 3. For disturbing me to hold a Fair or Market 16 Edw. 2. Action sur case 47. And the Writ that it held three dayes and the Count two dayes and two half dayes and good 4. For disturbing me to take Toll in a Fair or Market 9 Hen. 6. 45. 21. Hen. 7. 16. quaere 5. For selling in another place out of the Fair Regist Orig. 107. A. B. 1. When the Tenant burns the Deed to him delivered in remainder 9 Edw. 4. 53. 2. When a Deed is lost 34 Hen. 6. 4. 3. When the Seal is broken off 39 Hen. 6. 46. Lib. Intra 7. b. Sect. 1. 3. 4. For deeds sold with the Land and not delivered upon request Lib. Intra 5. A. Sect. 2. 5. For forging a statute Staple or Merchant Nat. br 96. B 17 Edw. 3. 49. Reg. orig 115. A. B. 6. For forging of a Release by which I lose my Ward 39 Edw. 3. 13. 1. For returning me summoned and Judgement given by default where I never was but this was after the death of the Summoners 8 Hen. 6. 1. 6 Edw. 4. 3. 8. 26 Assize 48. 2. For returning a Nichil where I had lands Nat. br 93. B. 31 Edw. 3. Processe 55. 1. For setting up a Ferry to the Nusance of my Ferry 22. Hen. 6. 14. 2. For threatning by which I lose the profits of my Ferry 22 Hen 6. 17. pl. 32. For disturbing my Foldage No. Lib. Intra 14. D. Sect. 12. For disturbing one to have certain walks in the Forrest of Selwood Coke 5. part 76. the Countesse of Pembrokes case For erecting a Warren or Dove-house Action lyes not although it be to the Nusance of another Coke 5. part 104. B. Boulstons case For executing Processe in my Liberty Nat. br 95. B. Regist orig 103. 104. 5 Edw. 3. 150. pl. 20. 1. For hindring my light by making a woodpyle Coke 9. part 57. B. Alreds case Le count there and 58. No. Lib. intra 19. B. sect 16. 7 Edw. 3. 261. pl. 15. 2. For infecting the Ayr of my parlour with an hogskin Coke ibidem 3. With a Dyehouse Coke
house the assignee shall have covenant against him named because this is annexed to the estate so the husband of the wife termor tenant per statute Marchant staple and every one that comes to the land Coke 5. part 17. Spencers case So in all cases where it is annexed to the estate Nat. br 146. C. 48 Edw. 3. Assignee of a reversion shall have covenant as well as the Lessor shall have it per 32 Hen. 8. cap. 34. but this is when it concerns the things demised and not collaterall covenants Coke 5. part 18. A. Spencers case Assignee of a Reversion for years when the Tenant for years for a greater Terme his assignee shall have covenant within 32 Hen. 8. although the lessor grant over his Terme Trin. 40. Eliz. Ban. Regis Rott 123. Natures versus Westwood Assignee shall have covenant upon covenant in Law Coke 4. part 80. B. 9 Eliz. Dyer 257. pl. 13. Lessee covenants with the Lessor and his heirs to repair the house the assignee of the lessor shall have covenant Mich. 9 Jac. Ban. Regis Bestwicke et Wilborne Lease for years to the Husband and wife the lessor outs them they may joyn in covenant because after the death of the husband she shall have the Terme if he grant it not over 47 Edw. 3. 12. pl. 11. The Cominalty of D. Covenants with the Maior and cominalty of L. that they shall be quit of Toll c. in D. and after one Burges in D. takes toll of one in L. covenant lyes for one corporation against another 48 Edw. 3. 17. pl. 2. Executor shall have covenant for covenant made to his testator for a personall thing Nat. br 145. D. and orig Regist 165. B. Note de conversione pro executoribus non invenitur in Registr sed pro assignatis tamen potest fieri pro executoribus tam bene quam pro assignatis A. leases to B. for life and dyes within 12 years the executors shall have it until 12 years c. B. dyes A. outs the executors within 12 years they shall have covenant 19 Edw. 3. covenant 24. Executor of an executor shall have covenant by the common law 19. Edw. 3. covenant 24. pol. Com. 290. Chapmans case Lib. intra 134 B. sect 1. Heir shall have covenant if the deed be made to him and his heirs Nat. br 145. C. 16 Eliz. Dyer 338. pl. 39. but this was to enfeofe him and his heirs A. enfeofes B. in fee rendering for 8 years one Rose and afterwards 20. B. dyes his heir within Age the Lord recovers the Land by reason of Collusion the Heir at full age shall have covenant 18 Edw. 3. covenant 7. joynt- A. covenants with B. and C. and their heirs et eorum utrique to make an estate to the heir of him which first dyes being percener the heir of one shall have covenant sole 16 Eliz. Dyer 338. pl. When any of the covenanters shall have severall interests or estates and the covenant is made with them et cum quolibt eorum they shall have severall covenants otherways not Coke 5. part 22. A. Matthewsons case Lessee for years by deed poll is out by the lessor he shall have covenant Nat. br 145. L. 21 Edw. 4. 30. pl. 25. But if a stranger outs him without title he shall not have covenant Nat. br 145. L. 22 Hen. 9. 52. pl. 26. Although it be by verdict Coke 4 part 80. B. Nokes case And although the lessor warrant to him during the terme 26 Hen. 8 3. pl. 11. But if a stranger that hath Title then it lyes Nat. br 145. 32 Hen. 6. 32. pl. 27. Nedham But Lessee for life shall not have Covenant upon such outing 26 Hen. 16. covenant 10. Nat. br 145. M. if the covenant be not exprest But the 13 Edw. 3. fines 165. per Shard if a Lease be to A. without impeachment of waste and waste be brought against him A. shall have covenant Tenant for life shall not have the benefit of warranty if he be not in possession 26 Hen. 8. 3. pl. 11. Lessee for years shall have covenant upon a demise and grant Coke 4. part 80. B. Nokes case et 5. part 17. A. Pasc 7. Jac. Ban. Regis Winchcombe et Rigge A lease made to A. per dedi et concessi the land is evict for years A. shall have covenant against the lessor for judgement was so entered Mich. 9. Jac. But Williams et Yelverton said that it was without their privity and Williams said that it lyed not Recusant shall not have an action for any thing seised in the Kings hands 1. Jac. cap. 5. Successor shall have covenant upon a covenant made and broken in the time of his predecessor 4 Edw. 3. 130. pl. 71. A covenant to levye a fine the party to whom this covenant is made shall have covenant Nat. br 146. F. Against whom Covenant lyes 1. Personall 2. Reall Administrator is subject to it 13 Edw. 3. cap. 11. Coke 9. part 40. A. Hensloes case Assignee of a termor shall be lyable without naming how the condition of the thing extends to the things in esse parcell of the demise Coke 5. part 16. A. Spencers case et fol. 24. Worcesters case This extends to him that comes to the demise by any way Coke 5. part 17. B. Spencers case So if the covenant extende to a thing to be newly made if it shall be made upon the demised land the assignee shall be boumd by expresse covenant to the lessee and his assignes Coke 5. part 16. B. Spencers case 25. Hen. 8. br covenant 32. lessee covenants for him and his assignes to repair a house covenant lyes against the lessee and then against the assignee and no remedy but an audita querela per Brooke A. leases for years to B. and covenants to suffer him to enjoy this there the assignee of A. is lyable not named 9 Eliz. Dyer 255. pl. 4. When the covenant extends to a thing which had not essence at the time of the demise the assignee is not lyable without naming Coke 5. part 16. B. When the demise is of a personall thing the assignee is not lyable by expresse name Coke 5. part 16 et 17. If the demise be of Land and a personal thing the assignee is not bound by expresse name for the personality for there can be no privily between the lessee an assignee Coke 5. part 16 et 17. The statute of 32 Hen. 8. cap. 34. extends to covenants which touch the thing demised and not to Collaterall covenants It lyes against executors Regist orig 165. B. Nat. br 145. H. and this is although they be not named 28 Hen. 8. Dyer 14. pl. 69. 45 Edw. 3. 17. pl. 4. 47 Edw. 3. 22. 48 Edw. 3. 2. pl. 4. 9 Eliz. Dyer 255. pl. 4 for they represent the person of the testator But all the executors ought to be named 47 Edw. 3. 22. pl. 20.
Tenant in Dower cannot distrain for arrearages due before the Recovery 40 Edw. 3. 22. pl. 19. Lease of Tythes rendring rent there shall be no distress because the Tythes are the thing leased 11 Hen. 4. 40. A person claims rent by prescription and distrains for it Lib. intra 557. Charge 1. A. grants a rent Charge to B. in Tayl and if the Bayly of the King distrained that the party might distrain 46 Edw. 3. 18. Rent granted by Fine and Distress appointed to the Justices of the Com. Ban. or Barons of the Exchequer they may distrain 38 Edw. 3. 33. Of what things a man may distrain Money cannot be distrained unless it be in a bag sealed 22 Edw. 4. 50. B. pl. 17. 41 Edw. 3. Distress 14. Cattel in a Waggon may be distrained but out of a Waggon not 2 Hen. 4. 15. pl. 17. 41 Edw. 3. Distress 14. 22 Edw. 4. 50. 11 Hen. 7. 14. pl. 8. 21 Hen. 7. 39. pl. 55. because there can be no Returne neither a Replevin lyes of them The Lord cannot seize the Cattel and put them in a Waggon and then distrain them 18 Edw. 3. 4. A Horse at the Smiths Shop garment in a Taylors Shop a Horse in an Hostrey shall not be distrained but if the Saddle be on the back of the horse when he is at the Shop he may be distrained 22 Edw. 4. 40. pl. 15. 15 Rich. 2. Avowry 19. A horse upon which I ride over my ground the Lord cannot pursue and take him as a Distress 6 Rich. 2. Rescous 14. A horse of any man shall be distrained through the whole Village for all the Fees of the Knights of the Parliament 11 Hen. 4. 2. If a man be taxed to Fifteens having Cattel levant in another village when they come within the Parish they shall be distrained 1◠Edw. 3. 11. pl. 39. A Horse of a stranger escapes in the land of him that hath lost Issues he shall be distrained as it seems 5 Hen. 7. 1. If the best beast be estrayed the Lord may distrain any cattel in the Land 27 Assize pl. 24. A Goshawk distrained and the distress justified 16 Edw. 4. pl. 9. Fishes in a Pond cannot be distrained Crooks Reports 188. Hive of Bees shall be distrained as it seems for a Replevin lyes of them Nat. br 68. D. Door or Window is not distrainable 11 Edw. 3. Cessavit 21. 21 Hen. 7. 26. 14 Hen. 8. 25. Brudnel Milstone that is severed for pricking shall not be distrained 14 Hen. 8. 25. An Anvil shall not be distrained 14 Hen. 8. 25. A Barge was distrained by prescription 3 Mariae Dyer 117. pl. 73. The Lord distrained cattel for services before they were Levant and Couchant 4 Edw. 3. 37. Issue joyned 8. 22 Hen. 6. 37. 15 Hen. 7. 17. Doct. Stud. 15. A. Sheep shall be distrained if other distress cannot be found at the day of the distraining 29 Edw. 3. 16. Cattel of the Plough shall not be distrained if there be other Distress sufficient 14 Eliz. Dyer 312. pl. 86. Cattell delivered by the Shrieve to the Tenant in Dower for seisin of Rent shall not be distrained for arrearages 40 Edw. 3. 22. pl. 19. Yarn brought upon a horse to a neighbour to weigh this the Lord cannot distrain for Rent because it was brought for a special intent Mich. 39 40 Eliz. Com. Ban. Burleigh versus Read Cattel put into black Acre and they stray into white Acre through default of enclosure shall not be distrained 22 Eliz. Dyer 365. pl. 33. A. ought to inclose against B. and leases to C. for 21 years which leases to D. for ten years rendring Rent the Cattel of B. for default of enclosure escape and pursues them C. cannot distrain for no default was in the owner of the Cattel 15 Eliz. Dyer 317. pl. 9. vide 39 Edw. 3. 3. pl. 12. What Person shall distrain A Commoner shall distrain for damage fesant and is not tyed to shew per quod amisit Communiam No. Lib. intra 573. D. sect 4. 24 Edw. 3. 42. pl. 23. Coke 9. part 112. B. 46 Edw. 3. 23. 15 Hen. 7. 2. 7 Edw. 3. 266. pl. 39. 13 Hen. 8. 15. Tenant at sufferance distrains damages fesant 4 Hen. 7. 3. He to whose use before 27 Hen. 8. could not distrain because he had nothing in the Land 15 Hen. 7. 2. pl. 4. Sheep bayled to a woman sole to dung her land who takes a Husband who commands the Owner to take them again who refuseth the husband may distrain them damage fesant 43 Edw. 3. 32. pl. 3. The Lord distrains cattel because the Tenant puts in more then he ought in the Common 46 Edw. 3. 12. pl. 13. A. sold 50 Acres of Moor to B. yet every one of them ought to inclose against the other and if the cattel of the one go into the Land of the other they shall be distrained damage fesant 23 Eliz. Dyer 372. pl. 10. At what time a man may distrain For Rent-services he shall not distrain in the night 11 Hen. 7. 5. pl. 8. 12 Edw. 3. Distress 17. 10 Edw. 3. 21. Coke 9. part 66. A. After the Terme ended no distress 14 Hen. 4. 31. But 22 Hen. 7. 96. pl. 5. by all if a Lease for years be ended and the Lessee keeps in the Lessor shall distrain for the arrearages A Lease till Mich. for one year rendring rent at Mich. he cannot distrain because the Lease is ended at the Instant Doct. Stud. 74. A. Husband leases the Wife dyes without Issue the Husband cannot distrain because the reversion goes to the Heir 9 Hen. 6. 45. 28 Hen. 8. Dyer 28. pl. 191. A. leases for years and grants the reversion to B. yet if the Cattel of B. comes upon the Land A. shall distrain during the Terme 10 Edw. 4. 4. tamen Quaere For damages fesant in the night Assets good Coke 9. part 66. A. Mackally's case 11 Hen. 7. 5. pl. 8. 12 Edw. 3. Distress 17. 10 Edw. 3. 21. A. enters upon condition broken and takes the Cattel of the Lessee damage fesant Quaere 5 Eliz. Dyer 322. A man distrains damage fesant although the owner makes fresh suit 7 Hen. 7. 1. pl. 11. 11 Hen. 7. 4. pl. 11. 10 Hen. 7. 21. Doct. Stud. 15. è contra In what place a man may distrain A man fined in a Leet being one of the Deziners shall be distrained through all the Jurisdiction of the Leet although that he be of the other Dezin Coke 11. part 45. A. 11 Hen. 4. 89. 13 Hen. 4. 9. A man shall distrain in any place within the precinct of the Court 19 Edw. 3. 2. Avowry 225. 8 Rich. 2. Avowry 194. 47 Edw. 3. pl. 12. For amerciament in the Shrieves Tourne he may distrain throughout the County 12 Hen. 4. 24.
pl. 17. 13 Hen. 4. 9. 8 Rich. 2. Avowry 194. If a man had a Leet within his Mannor he cannot distrain out of his Mannor 4. Edw. 3. 96. pl. 26. For a tax by the Parliament a distress may be justified through out all the Village 11 Hen. 4. 2. 18 Edw. 3. 11. pl. 39. Fishing lying within tenure a man may distrain in it for it seems that the soyl passeth 40 Edw. 3. 45. A man may seize his Heriot service in any place that he shall finde him although not within his Fee 6 Edw. 3. 208. pl. 3. The Lord may enter the House of his Tenant to distrain if the door be open 38 Hen. 6. 26. pl. 4. If the Lord finde the house fast with a bar and he break it open and distrain this is wrongfully 8 Edw. 2 Distress 21. The beasts of a stranger escape into anothers Land and the Owner chaces them out before and the Lord comes and distrains them yet it is otherwise if they go out of their own accord without chacing 11 Hen. 7. 4. pl. 11. Com. 38. A. Plats case 2 Edw. 4. 6. B. Littleton 33 Hen. 6. 52. pl. 39. 34 Hen. 6. 18. B. Yhe Lord distrains the Cattel of the Patron within his Glebe 33 Hen. 6. 35. Littleton A man cannot distrain but in the place leased unless the Lessee grant it in other Land 9 Hen. 6. 9. The Lord distrains in his Fee the Tenant chaces them out of his Fee he may take them again 44 Edw. 3. 20. pl. 18. Bayly attaches a horse which is rescued and brought into another County he shall make fresh suit and take him again 33 Hen. 6. 52. pl. 39. 33 Hen. 6. 550. pl. 46. A. distrains and puts them in the pound the owner takes them out A. may take them again in any place 34 Hen. 6. 18. pl. 33. If one puts his Cattel in the Land charged they shall be distrained although they are neither Levant nor Couchant otherwise if they escape 15 Hen. 7. 17. pl. 13. Quaere by the 18 Edw. 2. Avowry 219. if the cattel that escape shall not be distrained for damage fesant 2 3 Mariae Dyer 117. pl. 73. Distress for an annual sum upon the river of Thames What Distress shall be sold Distress taken in Court a Leet shall be sold Although that a common person be Lord of the Leet 3 Hen. 7. 4. pl. 15. Fairfax Distress taken by a Bayly of a Lord of a Leet for forfeiture of Inmates and sold by force of a grant of the Steward in nature of a Scieri facias No. Lib. intra 666. A. Sect. 14. Distress taken for a Fine touching High wayes shall be sold per 18 Eliz. cap. 10. What shall not be said a Distress excessive No distress shall be said excessive for Homage 42 Edw. 3. 26. pl. 11. Belknap 27. assize pl. 51. Coke 4. part 8. B. Bevils case 28 assize pl. 50. So likewise for fealty 27 Assize pl. 51. 28 Assize pl. 50. Coke 4. part 8. Bevils case A man distrains four horses and a Cart for 2 s. rent this is not excessive because they are fixed to the Cart otherwise if not fixed so of a fold of Sheep 20 Edw. 4. 3. 1. The Bar. 2. Justification 3. Conusance 4. Avowry No Bar that the Plaintiff is possessed of the Cattel Nat. br 69. H. That he took them not a good Bar Lib. intra 561. B. Sect. 1. 565. C. Sect. 1. 2. 19 Edw. 3. Ayde 28. Claime property 26 Hen. 8. 6. pl. 27. 31 Hen. 6. 12. This may not be by way of Avowry 31 Hen. 6. 12. Replevin of grain a good Bar it was his Wives that the Plaintiff surrendred it to her 30 Edw. 3. 9. pl. 3. When a man cannot have the thing for which he distrains then he may justifie and not avow per Curiam 19 Hen. 6. 41. pl. 83. But 22 Edw. 4. 36. B. e Contra. Collow If a man distrains for services and the Tenant dye in Repleg by the Executors he shall justifie but not avow 17 Ed. 3. Executors 106. Because he cannot have a return for the same thing 22 Edw. 4. 36. B. Collow If a man distrain for services he may justifie or avow at his Election 15 Edw. 4. 29. For in every case where he may avow he may justifie sed non e contra 5 Edw. 4. 6. Young A man may justifie for rent determined but not avow Mich. 33 34 Eliz. Com. Ban. Goddards case Tenant at sufferance may justifie a distress for damage fesant 4 Hen. 7. 3. pl. 6. Conusance for damage fesant in frank-tenant of his Master 10 11 Eliz. Dyer 280. pl. 15. 21 Eliz. Dyer 365. pl. 32. Conusance as Bayly of A. and that he took them damage fesant in the land that his Master had for years 2 3 Mariae Dyer 117. pl. 76. Conusance as Bayly to the parson of D. which claims rent by prescription and a distress and good Lib. intra 557. Charge 1. He cannot avow for rent determined but may justifie Mich. 33. 34 Eliz. Com. Ban. Goddards case 1. Avowries for Rent-services are four per Common Law andby Statute Law Coke 9. part 134. B. Ascoughs case 2. Upon one as upon his Veray Tenant by the manner scil when the Tenant leased for life or a gift in Tayl remainder over in fee 20 Hen. 6. 9. B. But then the Lord ought to shew this in his Avowry 15 Edw. 4. 12. A. Catesby vide 4 Hen. 6. 14. pl. 11. 3. Upon one as his Tenant per the manner when the Lord hath but in Tayl or a lesser estate in the Lordship or when the Tenant hath a lesser estate then fee simple 21 Hen. 6. 22. pl. 2. 2 Hen. 4. 24. pl. 13. Haâ—kford 4. Upon the matter in the Land as within his fee and signory 38 Hen. 6. 23. pl. 7. 5. Upon the Land by any Lord per 21 Hen. 8. Cap. 19. as in Land within his see and Signory without making Avowry upon any person certain Coke 9. part 136. Ascoughs case Who shall avow An Administrator shall avow for rent due in the life of the Testator per 32 Hen. 8. Husband and Wife in right of the wife for rent-service Lib. intra 555. D. Sect. 6. Or for Rent due to the wife afore Coverture 4 Hen. 6. 13. But one cannot make Conusance as Bayly to the Husband and Wife because a Feme covert cannot make a Bayly 13 Hen. 4. Avowry 198. He to whose use before 27 Hen. 8. cannot avow for damage fesant in his own name because he hath nothing in the Land at common Law but occupation at sufferance of the Feoffees 15 Hen. 7. 2. pl. 4. fol. 12. pl. 23. fol. 13. pl. 1. Crooke 17. Hen. 7. 41. pl. 2. But may justifie in the names of the Feoffees Crooke 17 Hen. 4. pl. 7.
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
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.
and then commit him to prison he shall have this writ Nat. br 129. F. 4 Hen. 6. 18. A. pl. 3. Regist orig 137. B. But if Auditors be assigned by the Court which do not make allowance yet they shall not have this Writ but may complain to the Court and they shall order them Nat. br 129. F. 3 Edw. 3. 56. pl. 30. If one be sued in London and the Court assigne Auditors and make not allowance c. they shall have this Writ Nat. br 129. F. but note Regist origin 137. contra The Writ shall be returnable before the Treasurer and Barons in the Exchequer at a certain day and a scire facias in the Writ to warn the Plaintiff in the Account and also the Defendant to be there Nat. br 129. G. H. Regist orig 137. Note that account lyeth in one Writ against a Bayly and Receiver Nat. br 116. P. 21 Hen. 6. 21. pl. 42. 9 Edw. 3. 356. pl. 38. pl. 40. 14 Hen. 4. 20. pl. 25. vide the Writ Nat. 117. C. Regist orig 135. Vide the Count Lib. Intra 17. B. Sect. 1. And for all the other parts they are in the same manner as is described before in Bayly and Receiver Action upon the Case Action upon the case is either by 1. Doing of wrong to another 1. Inheritance Real 2. Chattels Personal 3. Body  4. Name  5. Suits in Law  2. Not doing of a thing ought to be done by Law to the wrong of Inheritance Real Chattels personal Corps Suits in Law Assumpsit touching Inheritance Real Chattels personal Body Suits in Law 3. Misdoing   4. Negligence   5. Deceit in bargains With warranty Without warranty 6. Trover and Conversion in Deed Law as to persons discontinued  Wasting  Denyal to redeliver In what Court it lyeth IN Ban. Regis In Com. Ban. It lyeth not in the Marshalsey Coke 10. part 72. A. 76. A. Marshalsey For doing of wrong to the dammage of another touching a thing hereditary who shall have it Baron and feme joyn upon an assumpsit to the wife dum sola fuit and good Hill 9 Jac. Ban. Regis Wolverton his wife against Day Baron and feme joyn in Trover and coversion upon a deed for an annuity granted to the wife for if he survive he shall have it Trin. 40. Eliz. Com. Ban. Russel and Catesby Husband had an action sole upon the assumpsit of the wife and counted of the assumpsit to him 27 Hen. 8. 24 25. Commoner shall have it for feeding his common though he be but a Coppy-holder Coke 9. part 112. B. Mays case But then it shall be such feeding by which he looseth his Common or else cannot have it in that beneficial manner as he ought Coke 9. part 231. A. Maryes case Executor shall have it for putting him out of his Terme by the Lessor Nat. br 92. G. Regist 97. Coke 4. part 95. A. Slades case For money for grain sold Lib. Intra 4. B. Sect. 2. the Court there Upon an assumpsit to the Testator to marry or pay 20 l. Lib. Intr. 10. B. Sect. 5. Upon an assumpsit to save the Testator harmlesse of an obligation Lib. Intra 12. B. Sect. 2. If a Nusance be made and Feoffment is made if this continue as a new Nusance the Feoffee shall have an action Coke 5. part 101. A. Penruddocks case The heir shall have an action for Nusance made in the time of his Father if it be continued c. Coke 5. part 101. A. Penruddocks case Two cannot joyn for calling them false knave and thief 28 Hen. 8. Dyer 19. pl. 112. Two cannot sue in the Admiralty where one ought to have Action 5 Mariae Dyer 157. pl. 39. Lessor shall have it against Tenant at will for voluntary waste Littleton 15. A. 14. Hen. 8. 12. Brown Coke 5. part 13. B. Salops case 48 Edw. 3. 25. Dyer 121. pl. 17. 11 Hen. 6. 38. But not for negligent or permissive waste Coke 5. Part. 13. B. Salops case Tenant in common shall have it against the other for breaking a Gutter between their houses 2 Hen. 5. 3. pl. 12. For making a Limepit in his Land which they have in common by which the water surrounds his house 13 Hen. 7. 26. Tennants in Common joyne in an action for Nusance upon their Land Committed because this concerns their profit Mich. 7. Jac. Ban. Regis Stone against Dromage For Takeing of a Meer-stone 1 Hen. 5. 1. Lib. Intra 9. C. sect 1. 2 Against whome this lyeth It lyes against an administrator upon an assumpsit of the Testator Lib. Intra 4. C. sect 3. Which Cuts trees without Cause 18 Edw. 4. 27. Against a Baylie of a Baylie of goods 12 Edw. 4. 13. It lyes against Baron et feme for not repairing seabanks upon the land of his wife 7 Hen. 4. 31. Trover and Conversion lyes against Baron and feme for the Conversion is a disloyall act which his wife may doe Mich. 7. Jac. Ban. Regist Drapers case Trover and Conversion lyeth not against a Carrier for delivery to his servant but an Action upon the case Pasc 9. Jac. Ban. Regis Wornhall et Bradshaw A Counsellor is retained to purchase land and discloses the Counsel by which c. 11 Hen. 6. 18. Upon an assumpsit to pay a bebt No. Lib. Intra 1. B. sect 1 Coke 9. parte 86. B. Pinchons case 1. Coke 9. part 94. A. Banes case Churchwardens for not repairing a Gutter which is a Nusance to my house Lib. Intra 10. D. sect 1. I make an assumpsit Action lyes not against 2 only but if the plantiff shews that the others are dead then good and sufficient to shew that at the request of them that are alive and that the others are now dead Trin. 7. Jac. Ban. Regis Brereton and his wife against King Milner Against a Master upon sale and warranty of the servant 11 Edw. 4. 6. Against Tennant at will for voluntary wast Littleton 15. A. 14 Hen. 8. 12. Brown Coke 5. parte 13. Salops case Dyer 121. pl. 17. But not for permissive or negligent wast Coke 5. parte 13. B. Salops Case Tennant per elegit which holds over and cuts the trees after money tendered to him 21 Edw. 3. 16. Against a Tennant in common by his Companion for breaking his gutter between their houses 2 Hen. 5. plea 12. For making a lime-pit by which his house is damnified 13. Hen. 7. 26. A. having an ancient light B. erects a house which stops it and leases it to C. yet an Action lyes not against C. because the Leassee had done no wronge and he could not pull it down Trin. 13. Jacobi Ban. Regis Bolds Case When a man prescribs in an I le and the vicar will not suffer him to make a sepulchre No.
20 Sheep Boke 5. part 109. Foxleys case It lyes for a Chain-door found and solde 3. Mariae Dyer 121. pl. 14. It lyes of a Horse But it is no plea that a person unknown stole them and left them waiviavit without shewing the circumstances Coke 5. part Foxleyes case 109. A. but if he had said quidam ignotus waiviavit them without saying any more this is good for the circumstances shall be intended for waiviavit est vocabulum artis Mich. 15. Jac. Ban. Regis Leader Paschall 1. Traverse the sale is good 3 Mariae Dyer 121. pl. 16. 2. That he distrained them for a Rent charge absque hoc that he converted them this is nought for it is no conversion at all ideoque it amounts to the general issue Mich. 9. Jac. Ban. Regis Davies Knap That he is a horse-breaker and delivered it for him c. Absque hoc c. this amounts to the general issue Mich. 9. Jac. ban Regis Lovelace Martin Husband and wife shall have this action for a deed by which an Annuity was granted to the wife for the wife should have it if she survive the husband Trin. 40. Eliz. Com. ban Russel Catesby It lyes for twenty Pooks of corn Trin. 38 Eliz. Com. ban Price versus Sr. Walter Sands It lyes of four bushels of wheat Trin. 12 Jac. ban Regis Hill Hawkes The Defendant shews prescription in the Baylie of L. to elect a Belman which ought to repair the street of the market place and to cleanse it and that he shall have of every bushel there brought to sell one pinte of wheat c. justifies c. this is good because the custom is doubtful therefore a good bar otherwise this plea amounts to the general issue Trin. 12 Jac. ban Regis Hill Hawks For delivering of jewels c. in a box to B. who dyes and they come to C. who breaks the box and converts them 20 Hen. 7. 4. pl. 13. That he did not convert them to his own use a good bar for the Trover breaking are but conveyances 20 Hen. 7. 4. pl. 13. per Fineux It lyes of 50 l. of wooll ad valentiam c. for per curiam pondus shall be taken one pound weight because this weight is more certainly known throughout all the Countrey Mich. 9 Jac. ban Regis Roe Loyd It lyes of a 100 load of wood and 40 Beeches No. Lib. intra 41. B. Sect. 33. Of three Monkeys and error brought because that they did not say they were tame Mich. 9 Jac. in Exchequer chamber Shackley Porter It lyes of fourty measures of Pippins scil Bushels Mich. 9 Jac. in Exchequer Err. inter Claydon Taylor Covenant Conventio est quasi Transactio Covenant is either by Common Law 1 Exprest 1. By word 1. Personal touching Chattel Real Personal   2. A Real thing    1. Indented    2. Poll Reall 1. Warranty de qua non est hact  2. By deed 2. Covenant de qua non est hact be seized to use   3. Covenant to levie fine  2. Implyed 1. Personal   2. Real  Statute Law 31 Edw. 3. cap. 11. Administrator shall have it and be subject to a Covenant 32. Hen. 8. Cap. 34. Grants against Lessees e converso 1. Court 2. Plaintiff 3. Defendant 4. Things 5. Count. 6. The Writ 7. Processe 8. Barre 9. Judgement 10. Execution In what Court Covenant lyes 1. personall 2. Reall 1. IT lyes in the County or Hundred Nat. br 145. E. 2. It lyes in any court of the Lord. Nat. br 145. E. 3. In London Nat. br 146. A. 1. Marshalsey between 2 of the Household Coke 10. part 74. A. otherwise not 2. In the court of the Lord by speciall grant 44 Edw. 3. 28. pl. 18. et fol. 37. pl. 30. Lib. intra 296. A. sect 1. 50. Assiz pl. 9. Fine levyed in the county Pallatine of Lancaster good 37 Hen. 8. cap. 19. In Banco Regis 36. Hen. 6. 34. A. Fortescue but it shall be avoyded by writ of error In Ancient demeasne quaere per. 6 Edw. 3. 207. pl. 20. But the 44 Edw. 3. 37. 50. Assiz 9. Knivet it is not good But 22 Hen. 7. 90. B. pl. 14. Crooke a fine may be levyed in antient demeasue per petty writ of right close In Eire good 1 Edw. 3. 10. pl. 34. 8 Edw. 3. 27. 18 Edw. 3. 40. pl. 53. In communi banco Before the Justices of the grand sessions in Wales 34 Hen. 8. cap. 26. Who shall have Covenant 1. Personall 2. Reall If a man covenant with another to enfeoffe him or to serve him c. the other shall have covenant although he doe not agree Nat. br 145. A. But then it ought to be by deed Regist orig 165. B. Nat. br 145. A. et G. 7 Rich. 2. deeds 160. Yet in London a man shall have Covenant without deed per custome Nat. br 146. A. 22 Edw. 4. 2. pl. 6. Vavisor 21 Hen. 6. 10. Covenant 11. Administrator shall have Covenant by the equity of the statute de 31 Edw. 3. cap. 11. Coke 9. part 40. A. Hensloes case But not before 19. Edw. 3. covenant 24. Assignee shall have Covenant where it is made to one and his assignes Nat. br 145. C. Regist orig 165. B. Assignee shall have covenant without shewing the deed of covenant Trin. 36 Eliz. Banco Regis Noke versus Ander But there if the lessee for years by estoppell grant over his terme the Assignee shall not have Covenant because he had nothing in the land but only an estoppell A. Prior with the assent of his Covent by deed covenants for him and his successors with B. and his heirs that he and his Covent shall sing in the chappel of B. which is parcell of the mannor of B. for the Lords of the said mannor the Alliance of B. shall have covenant because it is a service annexed to the Mannor 42 Edw. 3. 3. pl. 14. Coke 5. part 17. B. Spencers case 45 Edw. 3. 3. 28 Hen. 8. Dyer 24. pl. 149. 2 Hen. 4. 6. pl. 25. But if the service is to be made in the Chappell of the other then the assignee shall not have covenant because it is annexed to the Mannour 2 Hen. 46. pl. 25. And so if one covenant with a Tenant by Curtesie to singe in his house although that he surrender and take for years he shall have Covenant because it was annexed to his estate 6 Hen. 4. 1. pl. 5. Assignee by word shall have covenant Coke 3. part 63. A. Lincolne Colledges case Assignee of Assignee shall have covenant Coke 5. part 71. B. Assignee of Copercenary shall have covenant against the other parcener to acquit him of the suite because the covenant goes with the land Coke 5. part 18. A. Spencers case 42 Edw. 3. 3. Lessor covenants to repair the
Rationabili parte bonorum 8. Taylor for general Contract         A garment special Statute Law Westm 2. cap. 11. Upon an escape of an Accountant in Execution 1 Rich. 2. cap. 12. Upon an escape of a Debt or in Execution 33 Hen. 6. cap. 1. Against a Goaler which suffers a servant to escape which was committed by the chief Justice 23 Hen. 6. cap. 15. Against a Shrieve for not returning a Knight of the Parliament 2. Edw. 6. cap. 13. For a Parson against him that will not set forth his Tythes 7 Edw. 6. cap. 6. Against a Receiver that takes more then he ought forfeits 6. s. 8. d for every penny to the party grieved 1. Edw. 6. cap. 14. Debt against a Seller of Lands given to the King by the said Statute 1. Mariae cap. 9. Goaler which refuses or suffers a person committed by the Colledge of Physicians to escape 13 Eliz. cap. 4. Upon a fraudulent Conveyance to defeat Creditors 3 Jac. cap. 7. If an Attorney suffers another to practise in his name in Court he forfeits 20 l. and the other that follows the Sute in his Name 20 l. 4 Jac. cap. 3. The Defendant shall have the same remedy for his Costs as the Plaintiff should have had if he had recovered 1 Jac. cap. 21. Debt against a Broker for double the value of the thing if he refuse to disclose the truth 1 Jac. cap. 15. Creditor of a Bankrupt shall have an Action of Debt to him assigned 5 Eliz. cap. 13. The Owners of the soyl against the Surveyors of High-wayes which dig in a mans Ground and not fill it up again within one Month the forfeiture is 3 l. 6 s. 8 d. The Lord of the Leet for erecting a Cottage or Inmate shall have an Action of Debt per 31 Eliz. cap. 7. 14 Hen. 8. Physitians in London for practising without Licence 17 Edw. 4. cap. 2. A Steward of pypowders forfeits 5 l. if they hold plea unless the Plaintiff or his Attorney swear that the thing was within the Jurisdiction and in the Fair 1 Rich. 3. cap. 6. Debt in what Court it lyes IN the County Court Nat. br 119. G. Regist orig 139. A. In a Village Citie and Burrough Liberty Nat. br 119. K. In Pypowders But by the 17 Edw. 4. cap. 2. The Plaintiff or his Attorney ought to swear that it was in the Fair and within the jurisdiction 1 Rich. 3. cap. 6. and if he refuse the Defendant shall go quit It lyes in the Marshalsey if both are of the houshold otherwise not but the Plaintiff needs not shew this in his Count and the proceeding there is by bill Coke 10. part 61. Case of Marshalsey In Chancery for a person priviledged debt lyes In the Exchequer by quo minus Coke 8. part 68. A. Trollops case So if one usurp upon a Franchize of the King where he had Fee Farme the Farmer shall sue by Quo minus 32 Hen. 6. 24 pl. 7. An Executor shall have a Quo minus when he is a Debtor to the King by his own Act 8 Hen. 4. 10. pl. 19. In Com. Ban. Nat. br 119. G. Debt lyes not for a popular action or penal Law but in one of the four Courts of Record at Westm per Statut. 18. Eliz. cap. 5. Coke 6. part Gregories case Who shall have Debt If a Bayly account and surplusage be found he shall have Debt for it Nat. br 121. I. the count Lil. intra 150. D. sect 1. But a Receiver shall not Nat. br 121. I. 38 Hen. 6. 5. pl. 14. Mich. 12. Jac. Ban. Regis Countesse of Suffolke et Floyde Administrator shall not have Debt untill 31 Edw. 3. cap. 11. Nat. br 120. D. Coke 9. part 39. A. Hensloes case 1. An Administrator ought to count that he which Commited the Administration was the Ordinary of the place where the intestate dyed 31 Hen. 6. 23. pl. 5. Com. 277. A. Per Dyer 2. He ought to name the place where the administration was to him commited 35 Hen. 6. 31. pl. 39. Danby et Moyle 3. He needs not name the Ordinary by his name 7 Hen. 4. 10. pl. 18. But in a writ de Colligend he shall be named An administrator shall have Debt upon 1 Edw. 2. cap. 14. for money given to Chantery land The Ordinary Release a debt and afterwards grants administration to A. yet A. shall have Debt for the Release is void 18 Hen. 6. 23. Coke 9. part 39. A. vide Crooke 127. pl. 90. Attorney shall have Debt for his Fees and Fees of Counsell and costs of suite Nat. br 121. L. 21 Hen. 6. 4. If I. deliver money to Bayle over or to a Marchant or to be given in Almes or upon a Condition to rebayle if he break the trust I. shall have Debt against him 28 Hen. 8. Dyer 22. pl. 135. 11 Hen. 6. 39. pl. 3. 42 Edw. 3. 9. pl. 7. Crooke 21 Hen. 7. 69. pl. 2. per Frowicke A. is bound to the Husband and wife the husband alone shall have the action 3 Hen. 6. 37. pl. 35. 12 Rich. 2. bre 637. Or in both their names 39 Edw. 3. 5. pl. 19. 43 Edw. 3. 10. pl. 31. 3 Hen. 6. 37. pl. 35. 12 Rich. 2. bre 639. 16 Edw. 4. 8. Husband and wife Assigne Auditors to receive it dum sola fuit and brought debt for the Arrerages in both their names and good because the wife was the cause of the Action 16 Edw. 4. 8. pl. 4. Husband and wife Lease for years rendering Rent the husband dyes and the second husband brought Debt and good 28 Edw. 3. 90. pl. 4. A Woman leases at will rendering rent and takes a husband the rent is behind they joyn in debt and good Coke 5. part 10. Hensteads case A Woman shall not have an action against her husband although she is executrix 8 Edw. 3. 330. pl. 48. A. is bound to the husband and wife and they are divorced causa prae-contractus and they brought debt in their nam es No. Lib. intra 121. sect 5. B. had a Rectory in right of his wife for years and they both joyned in debt upon the 2. of Edw. 6. for not setting forth of Tythes Hil. 39. Eliz. Ban. Regis Rott 699. Leasse for year rendering Rent by the Husband and wife husband may have Debt in his own ame 7 Edw. 4. 5. pl. 16. The same law is if the reversion be assigned to the Husband and wife although that the Husband Count as Assignee Trin. 12. Jac. Ban. Regis Wyatts case Husband and wife sold the Land of the wife the Husband alone shall have Debt 48 Edw. 3. 18. pl. 4. Husband and wife recover damages the Husband alone shall have debt for them 16 Hen. 6. Bre. 939. A woman tenant in dower of Rent takes a husband and dyes the husband shall have debt for the Arrerages during the coverture Nat. br 121. C.
441. A. pepyes case Lib. intra 172. D. 173. A. 3 Edw. 3. Execution 107. But by Westm 2. Cap. 45. a Scire facias was given after the year and per Westm 2. cap. 18. Elegit was given Coke 3. part 12. A. If a man have an Elegit on Record and there be a Nichil returned he shall have never any other execution 19 Hen. 6. 4. 5 Edw. 4. 41. 15 Hen. 7. 15. Fairfax And by the 25 Edw. 3. cap. 17. Capias was given in debt and per consequence a Capias ad satisfaciendum in Execution Coke 3. part 12. A. Harberts case Mich. 41 42 Eliz. Com. Ban. if the Plaintiff dye after Execution yet the Shrieve may levy it and if there be no Executor or Administrator the moneys shall remain in Court But if the Defendant dye before Execution there the Shrieve cannot make Execution for the words of the Writ are that it shall be levyed of the goods of the Defendant Thoroughgoods Case Upon a non est inventus returned of the Principal upon Judgement in Com. Ban. the party shall have Execution against the Bayl because the debt being by original is certain there the Lands which they had at the day of the taking the recognizance shall be lyable but quaere in ban Regis if more lands are lyable than they had the day of the originall because the debt is uncertain Mich. 15. Jac. ban Regis Baskervile et Brocket speciall verdict The defendant for damages and costs shall have the same execution as the plaintiff hath as if he had recovered against the defendant per 23 Hen. 8. cap. 15. The lands which he had at the time of the Judgment and not before Coke 8. part 171. Fleetwoods case 42 Edw. 3. 11. pl. 13. 6. Edw. 193. pl. 14. But if the Judgment be the last day of the Terme the lands which he had the first day of the terme are lyable because all the terme is but one day in law 42 Assiz 17. If two Joyntenants are for life and he against whom the Judgment is given dyes before execution this shall not be put in execution 13 Hen. 7. 22. A. Land in antient demeasne shall be put in execution Coke 5. part 105. A. Aldens case Hill 11. Jac. com ban Rot. 2541. Cox et Barnesly The goods that he had at the time of the execution shall be only lyable to execution Coke part 171. A. Fleetwoods case 2 Hen. 4. 14. 9 Hen. 6. 58. 11 Hen. 4. 7. 34 Hen. 6. 23. B. Prisot 21 Hen. 7. 87. pl. 1. Crook Unlesse it be in case of executors 34 Hen. 6. 23. B. Prisot But sale by covin after Judgment cannot hinder the execution 22 Assiz 72. 13. Hen. 4. 4. pl. 9. Hill 40. Eliz. com Ban. per Curiam if a writ of execution be awarded for debt or damages and between the Teste of the writ and execution the party sold the goods bona fide yet these are lyable to the execution Ejectment In what court it lyes IT lyes not in the Marshalsey Coke 10. part 72. A. Marshalsea In Ban. Regis it lyes In Com. Ban. it lyes In the chequer it lyes for a party priviledged Coke 1 part 3. A. Pelhams case and this was by bill But if it be by antient demeasne land it lyes not in the court of the King Coke 5. part 105. A. Aldens case 9. part 77. B. Because the possession is to be removed in such account per Hobart cheif Justice Hill 11. Jac. com ban Rot. 25. 41. Cox versus Barnsbee But none can plead this but ter-tenant 2 Hen. 7. 17. pl. 1. But if the plaintiff do not put in his declaration until the end of the term the defendant cannot plead antient demeane the next terme but must move the court that the plaintiff put it in his declaration and then the advantage shall be saved Trin. 12 Jac. ban Regis But he may plead this after veiw because by this he confesseth if it be frank fee or not 50 Edw. 3. 9. pl. 20. Who shall have Ejection Firme Lessee for years only shall have it Nat. br 120. F. And this only upon the possession in deed for he shall not have it upon a possession in law 23 Hen. 8. br quia ejecit infra c. 5. Nor upon a lease to commence in futuro 37 Hen. 6. 18. A. Note that tenant for years needs not count that he entred but that a lease was made to him by vertue of which he has possessed com 503 B. Grendons case Tenant for years leases to B. at will who is outed by a stranger tenant for years shall not have an action because he had not the actuall possession Pasch 11. Jac. In the Chequer inter Sir Rich. Grebham et Stone Tenant for years leases for one year or a lease is made for yeares the remainder for years estranger enters none shall have an ejectment but the tenant in possession Crooke 130. pl. 99. Lessee shall have an ejectment after the terme ended and recover all in danages 21 Edw. 4. 30. pl. 25. Brian 7. Edw. 4. 6. B. Fairfax Lessee which may have a real action cannot have an ejection firme Com. 419. B. Bracebridges case Husband and wife ought to joyn if it be in right of the wife 21 Edw. 4. 10. pl. 1. 30. pl. 25. 7 Edw. 4. 6. B. Fairfax Com. 418. B. Bracebridges case But if the terme be ended the husband alone shall have it because nothing shall be recovered but damages 7 Edward 4. 6. B. Fairfax Lessee for one year of a Coppyholder shall have an ejection firm Coke â—4 part 26. Lessee of a Coppyhold for more years shall have an ejection firm although that such Lease be a forfeiture for it is a good Lease against all but the Lord Trin. 36 Eliz. Ban. Regis Downings case Executor of a Lessee shall have it No. Lib. intra 195. D. Sect. 6. Executor Husband and Wife Co-executor and the Count. Lib. intra 252. B. Sect. 6. Executor shall have an ejection firm in vitâ— Testatoris per the equity of the Statute 4 Ed. 3. cap. 6. Coke 9. part 78. B. Peytoes case Churchwardens shall have it of land leased to them 15 Hen. 7. 8. Tennant by Elegit shall not have an ejection firm Crooke 109. pl. 29. Tennant in Common shall have it against his companion Littleton 73 A. Father and Son having several inheritances the Father levies a fine the son being beyond-sea dyes his Issue enters and leases being within age to A. without rendring Rent A. enters the Conusee enters and leases it to B. yet he shall not have an ejectione firmae against A. without express outing because as to the moyety the Plaintiff had not title and the Defendant had none because there was no rent reserved Pasch 32 Eliz. com ban Rott 1017. Smye versus June and others Against whom Ejectment lyes It lyes against Husband and Wife Lib.