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.
before coverture they ought to joyn 21 Hen. 7. 29. But upon Baylement during the Coverture the Husband sole shall have a Detinue 8 Edw. 4. 16. The Donor shall have a Detinue for the Indenture after the death of the Donee without Issue Nat. br 138. F. An Estranger shall not have a Detinue for deeds unlesse he make title to the Land but upon request he shall have an Action upon the case 33 Hen. 6. 26. pl. 12. Prisot If one have deeds and some concerne warranty some not and enfeoffe B. with warranty B. shall not have a Detinue for the deeds which serve to deraigne the warranty per amount Coke 1. part 2. Buckehursts case 44 Edw. 3. 11. B. Neither is it materiall for to maintain the title Coke 1. part 1. Buckehursts case But they shall have them which concerne the possession only ibidem But if a Feofment be made without warranty the Feofee shall have a Detinue for all Coke 1. part 1. Buckhursts case Unlesse it be per dedi then it is expresse warranty during the life of the Feoffor per statutum de Bigamis cap. 6. Coke 1. part Buckehursts case 1. But note that in all these Cases the Feoffee shall have Detinue for them against a stranger that cannot intitle himself by the Feoffor Nat. br 138. G. Coke 1. part 2. A. 7 Edw. 4. 26. And Note if the thing which lyes in grant as a Lordship rent Advouson c. be granted to A. with warranty which grants it to B. with warranty B. shall have a Detinue for the ancient deed because he cannot make a title without the ancient deed Coke 1. part 1. B. Buckhursts case So in all other Cases the Feoffee shall have a Detinue for every deed which concernes the making of his estate good Nat. br 138. K. Note if A. Bayle deeds of Land to B. to rebayle them to him and his heirs and afterwards enfeoffe C. in Fee yet C. shall not have a Detinue against B. for it is a charge to A. per cause of Baylement Crooke 18. Hen. 7. 48. pl. 3. If one enfeoffe another with warranty the Feoffor shall have the antient deeds which contain the warranty or which are materiall for the maintainance of the title Coke 1. part 1. B. Buckehursts case If A. grant a thing that lyes in grant to B. with warranty B. shall have a Detinue for the antient deed because this makes his title Coke 1. part 1. B. A. enfeoffes B. per dedi A. shall have the antient deed which Compredends the warranty because dedi makes an expresse warranty Coke 1. part 2. B. A. makes a deed of Feoffment and delivers this upon condition if the condition be not performed he shall have a Detinue 37 Hen. 6. 37. B. The heir generall shall have the antient deeds comprehending warranty or necessary for the maintenance of the title where the Feoffor obliges him and his heirs to warranty Coke part 1. B. Buckehursts case Nat. br 138. L. Feoffment per dedi the heir of the feoffee shall not have the antient deeds because he is not bound to warranty Coke 1. part 2. B. Buckehursts case The heir of the disseisee shall have a Detinue for the deeds Nat. br 138. L. The Heir in Taile shall have a Detinue against the discontinuee for the deed of Taile Nat. br 138. H. 9 Edw. 4. 52. pl. 15. And although there be a warranty in the Feoffer by his father 9 Hen. 6. 15. pl. 5. 4 Hen. 7. 10. pl. 4. One Joyntenant sole delivers the deed to redeliver he alone shall have a Detinue per cause of Baylment 13 Rich. 2. br◠648. A. enfeoffs B. and C. and the heirs of B. and delivers all the deeds to B. which dyes C. shall have a Detinue for the deed of Feoffment but not for the other deeds 34 Hen. 6. 1. A. 〈◊〉 1. part 2. A. Nat. br 138. F. If A. makes a Release to B. and C. and this delivers to B. which dyes C. shall not have it ibidem But if A. and B. joyn per defeasible title and make a Release to them the survivor shall have it 34 Hen. 6. 1. per the Report Coke 1. part 2. A. Feoffment to two in Fee the survivor shall have all the deeds Coke 1. part 2. B. Buckehursts case If deeds concerne more Lands if the tertenant of any part happen upon the deed he may detain it because he hath Interrest 4 Hen. 7. 10. pl. 4. 2 Eliz. Dyer 183. pl. 57. Recusant shall not have an Action for any thing seised into the hands of the King 3. Jac. cap. 5. 22 Hen. 6. 1. A Tenant for life dyes he in the Remainder shall have Detinue for the Deed 9 Hen. 6. 54. pl. 39. But if the Donor release to the Tenant for life he in the Remainder shall not have a Detinue 9 Hen. 5. 54. pl. 39. If Tenant for life dye he in the Remainder of a Coppy-hold shall have it Coke 4. part 22. B. Land given to A. for the life of B. the remainder to C. in Fee B. dyes C. shall have a Detinue against A. without request because he had Interest in the Deed during the life of B. 33 Hen. 6. 30. B. 35 Hen. 6. 9. A. Moyle But there quaere whether it lyes against the Husband when the wife is dead without issue without request and possession Tertenant shall have a Detinue for the deeds Coke 1. part 2. A. The Lord by Escheat shall have a Detinue Coke 1. part 2. A. 10 Edw. 4. 14. 6. Moyle Against whom Detinue lyes 1. Of Chattels 2. Of Deeds Detinue lyes against an Abbot and his Commoigue for a thing delivered to his Commoigue to redeliver 3 Edw. 3. 83. pl. 32. Administrator sold a thing the Executor proves the Will he shall have a Detinue against the Vendee of the Administrator Com. 275. Foxes case Avowant returns irreplevisable the other tenders amends and upon refusal shall have a Detinue Coke 8. part 147. A. for the property is in him 10 Eliz. Dyer 280. pl. 14. Goods delivered to A. to keep and they are stole yet Detinue lyes against him Coke 4. part 83. B. Southcots case But if he take them to keep as he would keep his own and they are stole Detinue lyes not Coke 4. part 83. Goods delivered to B to deliver to C. yet C. shall have a Detinue against B. 18 Hen. 6. 9 A. Nat. br 138. A. It lyes not against Husband and wife supposing they detain 38 Edw. 3. 1. pl. 1. 13 Rich. 2. Breve 644. But of baylment to the Wife dum sola fuit and that the Husband did detain 43 Edw. 3. 18. pl. 1. Lib. Intra 219. D. Sect. 4. Carrier loseth his goods or are stole yet Detinue lyes against him Coke 4. part 84. A. 2 Hen. 7. 11. B. Townsend It lyes against an Executor but he
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.
Lease to A. Lessor covenants to pay the quit Rents c. divers dues likewise this is a personall thing and binds not the executor 2 et 3. Mariae 114. pl. 6. Leas to the Husband and wife which covenants to make assurance for the Rent this binds not the wife because it is Collaterall 45 Edw. 3. 11. pl. 7. But if they covenant that they will not assigne without his consent there the wife is bound 18 Hen. 8. Dyer 13. pl. 66. Shelsâ—y Heir shall be bound by covenant of his ancestor if be named Regist orig 165. B. And although it be broken by his ancestor 4 Edw. 3. 130. pl. 71. But not if he be not named 28 Hen. 8. Dyer 14. pl. 69. 32 Hen. 6. 32. p. 27. Infant cannot be bound by his covenant to be an apprentice per the common law but by custome of London he may 21 Edw. 4. 6. pl. 17. But then he shall be of the age of 14 years 21 Hen. 6. 31. But an Infant of 12 years shall be bound by his covenant to serve in husbandry Nat. br 168. D. 7 Hen. 4. 5. pl. 29. 9 Hen. 6. 10. pl. 28. 21 Hen. 6. 31. Newton But if he be within 12 years he shall not be bound 2 Hen. 4. 18. pl. 7. 29 Edw. 3. 27. pl. 29. 41 Edw. 3. 17. pl. 1. Lessee covenants to leave the house in good case it lyes not against him tell the end of the Terme Nat. br 145. K. 12 Edw. 2 covenant 2. But if he covenant sustentare et reparare it lyes presently 45 Eliz. Dyer 324. pl. 34. So if he covenants to leave the wood in good plight this is void for the impossibility Coke 5. part 21. A. Mains case 7. part 15. A. Englefields case Fitsherbert covenant 29. But if the trees are thrown down by Tempest it lyes not 40 Edw. 3. 6. A. Coke 1. part 98. A. Shelleys case But if the house be wasted by enemies or Tempest he ought to repair by reason of the covenant or build it 40 Edw. 3. 6. A. Moris Doct. et Stud. 66. B. 29 Hen. 8. Dyer 33. pl. 10. Lessor is bound by express covenants or covenant in law Against a Lessor if he outs his Termor Nat. br 145. L 21 Edw. 4. 30. pl. 25. Coke 9. part 80. A. 32 Hen. 6. 32. pl. 27. Parson leases his glebe and resignes covenant lyes against him because it is his own act and wrong 12 Hen. 4. 3. Where a Parcener upon partition covenants to sue the other assignes his estate to B. which covenants against the covenantor and good Coke 5. part 17. B. 42 Edw. 3. 3. If one become pledge for another to perform such a Covenant the Action lyes against the pledge Nat. br 146. B. But then he ought to charge him as principal 39 Edw. 3. 9. pl. 14. Or shew that the Principal is not sufficient 40 Edw. 3. 5. Covenant 16. It lyes against a Successor Lib. intr 136. B. Sect. 2. It lyes against him that should make a Deed Nat. br 146. â— For what things Covenant lyes 1. Personal 2. Real Guardian in Soccage grants the custody to A. which covenants to render Account to the Heir at full age Covenant lyeth for not doing of it Regist orig 165. B. Nat. br 145. H. Covenant lyes against him that doth not according to his Covenant in deed Nat. br 145. A. But if it be not by deed it lyes not Regist orig 165. B. Nat. br 145. A G. 7 Rich. 2. deeds 160. Nat. br 168. F. 14 Hen. 4. 26. Unlesse it be in London by Custome Nat. br 146. A. 22 Edw. 4. 2. pl. 6. Vavisor 27 Hen. 6. 10. Covenant 11. Doctor Hector had a Pattent that none should bring over Spanish wool but him c. he by his indenture grants this to another which by the same indenture covenants to pay yearly 100 l. with this proviso that if he pay not the indenture to be void yet Covenant lyes for this that it was due before Mich. 9 Eliz. Ban. Regis Doctor Hectors case A. gives a Mill to B c. that nec ego nec haeredes mei construemur molendinum ni c. Covenant lyes against the Heir if he or his father erect a Mill 4 Edw. 3. 130. pl. 71. Termor deviseth to his wife during her widdowhood the remainder to C. and dyes Lessor sells the Fee to the wife covenants that he should discharge all former Titles c. she marries C. in the mean time Covenant lies against the Bargainor Coke 10. part 52. Lampels case A. leases to B. for years if C. lives so long and covenants that he had power to do it C. being dead at the time Covenant lyes if A. had not a good estate in it Coke 9. part 60. Bradshaws case A. leases to B. for years lands in which C. had a Coppie-hold estate and covenants that the Lessor suffers him quietly to hold the same without trouble either of the Lessor or any other B. enters C. outs him Covenant lyes not because all the sequel depends upon this word suffer the which extends only to the Lessor and his Executors and Assignes 9 Eliz. Dyer 255. pl. 4. A. leases to B. for years and covenants quod pacifice gauderet c. sine interruptione alicujus Covenant lyes if any interrupt them 16 Eliz. Dyer 328. pl. 8. Lessor covenants that the Lessee shall quietly and peaceably have c. without the disturbance or hindrance of the Lessor the Lessor sues the Lessee in Chancery and supposes that the Lease was only made to try a Title an Action of covenant lyes not for such breach Trin. 11 Jac. com Ban. Rott 384. Selby versus Shute Lessee by deed Poll shall have a Covenant against the Lessor if he out him Nat. br 145. L. 35 Hen. 8. Dyer 57. pl. 24. Shelley But not upon outing by a stranger without Title Nat. br 145. L. 22 Hen. 6. 52. pl. 26. Hill 12 Jac. Com. Ban. Tisdale Essex Although it be by Recovery by Verdict Coke 4. part 80. B. Nokes case But if a stranger hath title then it lyes Nat. br 145. L. 32 Hen. 6. 32. pl. 27. Nedham But Tenant for life shall not have covenant for such outing Nat. br 145. M. 26 Hen. 6. Covenant 10. If it be not exprest Nat. br 145. M. Lessee for years shall have Covenant upon a demise and grant Coke 4. part 80. B. Nokes case 5. part A. Spencers case Lease for years with warranty the Lessee outed shall have Covenant 26 Hen. 8. 3. pl. 13. by all 9. Eliz. Dyer 257. pl. 13. Tenant for an anothers life leases for years with warranty he that hath the life dyes the first Lessor enters Covenant lyes 32 Hen. 6. 32. pl. 27. 9 Eliz. Dyer 257. pl. 13. But if it be without warranty it lyes not 9 Eliz. Dyer 257. pl. 13. A. covenants to serve B. for years
and dyes no action lyes quia mors omnia solvit 48 Edw. 3. 2. B. pl. 4. Finchden Hill 33 Eliz. ban Regis Wilson Mapes A parson leases his Rectory and covenants to save harmlesse the Lesse concerning the lands and profits for one year against Blunt Blunt enters within the year Covenant lyes because it is expressed against a certain person Lessee covenants that he will not assigne his Term over by which it may come to D. the Lessee assignes it to K. per curiam Covenant lyes for he hath put the power out of him Trin. 13. Jac. com ban Guines case A fine levied of rent a Writ of Covenant lies 22 Edw. 4. 2. pl. 6. The Count in Covenant 1. Personal 2. Real The Count was that per Indenturam suam testat existit that the Defendant covenanted this is good but such plea in Barre is not good Mich. 7 Jac. ban Regis Wyrdnam versus Faukner 2 Mariae 117. pl. 78. Prior and covent Lease to 2 for years with warranty per Indenture rendering rent one dyes after possession the other survives and was sole possest the prior dyes the defendant fuit electus et praefectus et tali die expulsus et ejectus the survivour and so the defendant did not hold covenant made between the late Prior and the said survivour Lib. intra 135. D. sect 2. Count upon covenants to make a new lease Com. 2. Chapmans case A. leases to B. for 6 years if C. live so long and covenants that he had power to demise it c. B. in covenant needs not count that C. was in life for if he were dead at the time of the demise then covenant lyes 2 he need not shew that he had the better right because he did pursue the words of the covenant negative Coke 9. part 60. Bradshawes case Count by the Lessor against the Lessee that covenants to pay all charges and pays not the tenths granted per parliament Lib. intra 136. C. sect 4 The Count shall be generall that he hath broken covenants between them to the damage c. the other shall say that they are performed the plaintiff may reply that they are not becuse he shall have damage for every covenant broken but upon an obligation he ought to shew in what he hath made a breach because he shall have the forfeiture for one breach 6. Hen. 4. 8. pl. 34. Tenant for life leases for years rendering Rent the lessee covenants and is expulsed by him in remainder 1 he ought to count that he was possest 2 he ought to shew the estate for life and the remainder certain 9 Eliz. Dyer 257. pl. 13. Writ in covenant 1 Personall 2 Reall Rex c. justicies A. quod teneant B. conventionem inter eos factam de quibusdam defectibus in Mannerio ipsius B. de N. existentibus sumptibus ipsius A. competenter emendand siâ—ut c. ne amplius c. Regist orig 167. A. Rex c. praecipe A. de B. quod juste c. teneat W. conventionem inter eos factam de viginti acris terrae in K. frumento et alio blado competenti seminandum et de bladis et terris praedict cresentibus metend et ad domus ipsius W. sumptibus ejusdem A. in eadem villa cariandis et nisi fecerit c. Regist orig 166. A. The writ shall be brought where the covenant was made Nat. br 146. E. 11 Rich. 2. But it is no plea to abate the writ unlesse the deed bears date in another county Nat. br 146. E. The writ for outing the Lessee shall be de dampnis et de perditis occasione c. 9 Eliz. Dyer 257. pl. 13. The writ ought to mention all the executors which did administer 47 Edw. 3. 22. pl. 20. 48 Edw. 3. 2. pl. 4. The Process in Covenant 1. Before appearance 2. After 1. By the Common Law the process was but a distresse infinite 22 Hen. 6. 13. Br. exigend 29. 48 Edw. 3. 29. pl. 15. 2. The parties appear and day given over salvis partibus c. the Defendant makes default at the day a distresse was awarded against him Lib. Intra 134. B. Sect. 1. Non fit breve de Attachiamento quia oporteat quod partes compareant personaliter in Curia Regist orig 165 A. The Barre in Covenant 1. Personal 2. Real 1. When one certain duty accrues by the Covenant at the time of doing of it Accord with satisfaction is no plea Coke 6. part 44. A. Blakes case But where no certain duty accrues until the subsequent Act or Wrong there Accord with satisfaction is a good plea Coke 6. part 44. A. Blakes case Covenant to a Parson for the enjoying his Benefice and he deserts the Cure is voyd 14 Eliz. cap. 11. Rastal Leases 244. D. 23 Eliz. Dyer 372. pl. 11. this is after the Parson is absent fourty dayes in the year and not otherwise A. covenants to gather the rents in D. and he pleads that he was interrupted by the Plaintiff a good Barre Crooke 13 Hen. 7. 34. pl. 2. Lessee covenants to surrender before the terme ends and a stranger that hath right enters upon the Lessee this is a discharge because the Lessee is disabled Hill 41. Eliz. com Ban. Andrews versus Nedham 45 Edw. 3. 48. Performance generally a good plea 6 Hen. 4. 8. pl. 34. Covenant upon a Demise by Indenture and eviction by a stranger by a greater Title it is no Barre to traverse the possssion of the Plaintiff without particular cause shewing because it is by Indenture Trin. 3 Jac. ban Regis Stile versus Hearing A. covenants to make a good estate in Coppie-hold Land to B. before Easter during the life of Cox no plea to say that it was surrendred to the Lord by his procurement if he shews not that he was admitted for nothing vests in him to whose use it is till admittance Mich. 15 Jac. ban Regis Stiles versus Smith Release is no Barre before the covenant is broken Coke 4. part 71. Hors case 5 Eliz. Dyer 217. pl. 2. Coke 1. part 99. A. Shellyes case If it be not by expresse words Coke 5. part 71 A. 35 Hen. 8. Dyer 57. pl. 24 Bramly Judgement in covenant 1. Personal 2. Real Judgement against an Executor for a Covenant broken after the death of the Testator is of the Testators goods 15 Eliz. Dyer 324. pl. 34. If a Lessee recover being outed by the Lessor he shall recover his Term Nat. br 145. M. 47 Edw. 3. 24. pl. 61. 20 Edw. 3. Judgement 177. and also Damages Nat. br 145. M. Execution in covenant 1. Personal 2. Real 1. Per Common Law 2. Per State Law By the Common Law it is but a Levari facias Lib. intra 133. D. Sect. 2. fieri facas Lib. intra 138. A. Sect. 1. But no other Coke 3 part 12. A. Harberts case This only within the year for if the
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.
14 Hen. 6. 26. A. 10 Hen. 6. 11. 22 Hen. 6. 25. 26. Edw. 3. 64. And by 32 Hen. 8. Ca. 37. the husband shall have debt for the Arrerages before the Coverture Coke 5. part 51. A. Ognels case Annuity to the wife that takes a husband arrerages incurre the wife dyes the husband shall have debt because it is more then the thing in action Hil. 29 Eliz. Com. Ban. St. Legers But if it be but for a thing in action before the coverture as an obligation the husband shall not have it Nat. br 121. C. 39 Hen. 6. 26. pl. 38. But during the coverture the husband may Relase it 17 Edw. 3. 66. pl. 78. Hill Husband makes his wife executrix which takes a husband and makes him executor and dyes the husband brought debt for the debt to the former husband and good 4 Hen. 6. 31. It lyes in the name of the Clark of the peace for the Hundred against the Village where default is made in Hugh and Cry 27. of Eliz. cap. 13. Colledg shall have debt for commons of any Student Pasch 9. Jac. Ban. Regis Colledge of St. Johns in Oxford versus Brickeden Colledge of Physitians for practising without licence shal have it but the Master sole shal not Hill 11. Jan. Ban. Regis Colledge versus Dr. Tenant Lib. reports title Plaints Debt lyes by a Conusee of a Statute or Recognizance Nat. br 122. D. 11 Hen. 6. 49. pl. 7. 36 Hen. 6. 2. pl. 2. 39 Hen. 6. 3. pl. 5. 22 Eliz. Dyer 369. pl. 52. 13 Rich. 2. bre 649. Debt upon a retayner to be his counsellor for 40 s. per annum but then he ought to count that he was of his counsell or was ready to be 37 Hen. 6. 8. B. Prisott But if I retayn a Sergeant at law for A. he shall not have debt for his salary against mee 31 Hen. 6. 9. B. Fortescue Executor shall have debt for a thing due to the testator 11 Hen. 6. 7. Executor of an executor shall have debt 25 Edw. 3. Ca. 5. Executor shall not have debt before probat of the testament 7 Hen. 4. 18. Coke 5. part 28. A. Midletons case com 278. Foxes case Perkin 193. But if pendente breve the testament be proved it sufficeth Pasche 43 Eliz. Com. Ban. Walmesly Rent services granted to the husband and wife for life the husband dyes the wife shall have the Arrerages that did accrew in the life of the husband and debt for them after the estate ended 29. Edw. 3. 40. pl. 19. Grantee of a Reversion shall not have debt for Rent upon a lease for years before Attornement Nat. br 121. N. But a Devisee shall have it Nat. br 121. N. Mich. 14. Jac. Ban. Regis Baylyffes and Burgesses case of Ipswiche So Bargainee shall have it Coke 3. part 24. A. Walkers case A. is bound to B. and his heirs B. dyes his heirs shall not have debt Nat. br 120. I. But if a penalty be granted to one and his heires then the heir shall have debt Nat. br 120. M. 11 Hen. 4. 84. 28 Hen. 8. Dyer 24. pl. 149. The heire shall have debt for the reasonable part of the goods where the custome gives it him Nat. br 122. L. But if there be no such custome it lyes not Regist orig 142. B. 40 Edw. 3. 38. pl. 19. 7 Edw. 4. 20. pl. 23. 30 Edw. 3. 26. A. seton Regist orig 141. B. For the statute of Magna Charta is but one forspris and for that an action shall not be founded upon it vide Lib. intra 541. But Nat. br 122. L Glanvill Lib. 12. cap. 20. 17. Edw. 3. 9. pl. 29. this is by the Common Law Custome that the heir shall have the principall Chattells c. he shall have debt for them 30 Edw. 3. 2. pl. 9. 39 Edw. 3. 6. pl. 24. fol. 9. pl. 15. Lessor shall have debt for Rent reserved upon a Lease at will Coke 5. part 10. Hensteads case Littleton 15. And so for a Lease for years 7 Rich. 2. Tenants in Common make a Leasse rendring rent they ought to Joyn Littleton 72. The ordinary shall not have Debt because he hath not absolute interest in the thingsoâ—â— the intestate Coke 9. part 33. Hensloes case Nat. br 120. D. Parson shall have Debt for not setting out of Tythes 2 Edw. 6. Cap. 13. Physitian shall have Debt for physick and Dyet Lib. intra 187. B. sect 1. Recusancy shall be pleaded in disability for such Lands and tenements which are not seized into the Kings hands 3. Jac. cap. 5. The party robbed shall have an action against the Hundred per 27 Eliz. cap. 13. But he ought to bring his action within the year after the Robbery 27 Eliz. cap. 13. And the day of the Robbery shall be accounted parcell tell of the time Pasch 15. Jac. com Ban. per 2 Justices Steward retayned by word for such a summe per annum shall have debt 8 Eliz. Dyer 248. pl. 79. Coke 4. part 30. A. Servant shall have debt for his salary 11 Hen. 6. 10. pl. 20. One retayned in England to do service beyond the sea shall have debt in England where the retainder was Nat. br 120. E. Servant retayned by a Corporation without deed shall not have debt for his salary 4 Hen. 7. 6. Com. 91. B. One sole Corporation shall not have a personal thing in Succession Coke 4. part 65. A. Fulwoods case 19 Hen. 6. 44. pl. 94. 20 Edw. 4. 2. vide 32 Hen. 8. Dyer 48. pl. 14. Unlesse the Custome will warrant it Coke 4. part 65. A. Fulwoods case But a Corporation aggregate shall have an Action Coke 4. part 65. A. 20 Edw. 4. 2. Master of an Hospitall recovers damages the successor shall have them 19 Hen. 6. 44. pl. 94. Abbot recover damagess in battery and is removed or created Bishop his Successor shall have them because he recovered them but to the use of his house 22 Hen. 6. 4. B. A. is bound to an Abbot sole the successor shall have Debt 47 Edw. 3. 23. pl. 57. The count Lib. intra 179. A. sect 7. An obligation made to Church-wardens their successors shall not have an action being there executors If A. contract for B. with the Surgeon for so much as should cure him if B. dye the surgeon shall have debt against him for it is a good contract 37. Hen. 6. 9. A. Moyle If I. sell a horse and earnest is given or day set I. shall have Debt for the money 14 Hen. 8. 19. br contract 15. Coke 3. part 22. A. Walkers case If I. sell a Mannor Debt lyeth for the money and yet the vendee cannot enter before livery 37 Hen. 6. 8. pl. 18. Prisott The shrieve shall have debt for his fees Trin. 14. Jac. Ban. Regis Shrieve of London against Michel per 28 Eliz. cap. 14.
Dyer 271. pl. 26. 15 Eliz. Dyer 322. pl. 15. 41. Assiz 15. Coke 9. part 87. A. It lyes not against an executor upon a taylee ensealed by the Testator 12 Hen. 4. 23. 25 Edw. 3. 40. pl. 9. It lyes not upon a simple contract but if he plead in barr and it be found against him it shall com 182. A. 10 Hen. 6. 24. So in London by Custome 1 Edw. 4. 6. Lessee for years grants his Terme his executor shall not be charged for Rent due after his death Coke 3. part 24. A. Walkers case Debt for one retained according to the statute it lyes against the executor without specialty 2 Hen. 4. 14. 4 Hen. 6. 19. Goaler refusing one committed by the Colledge of Physitions forfeits double the Fine per Marleb 1. cap. 9. If a man Levy Ayd for the marring of his daughter and dyes if his executors have not sufficient Debt lyes against the heire Nat. br 83. A. per Westm 1. cap. 35. Nat. br 122. G. Debt lyes against an heire upon the obligation of his father if he hath assets and be bound Nat. br 120. C. et I. But if he alien the Assetts before the Action brought he shall not be charged Coke 5. part 60. A. Regist orig 140. A. 27 Edw. 3. 7. B. 10 Hen. 4. pl. 14. 19 Hen. 6. 46. pl. 95. 42 Edw. 3. 10. pl. 12. 48 Edw. 3. 32. pl. 22. Unlesse it be fraudulent to deceive creditors Coke 5. part 60. Gooches case And if they be heires in Gavill kind they shall all be charged 7 Eliz. 239. pl. 39. Dyer the count Lib. intra 208. D. 11 Edw. 3. debt 7. But if all alien but the eldest he shall be charged sole The count against an heire Lib. intra 172. B. sect 1. No. Lib. 126. B. The count needs not shew that he hath assets for it shall be intended unlesse the contrary be shewed 18 Eliz. Dyer 344. pl. 2. 11 Hen. 6. 2. pl. 6. But nothing by descent in fee-simple is a good bar by him Lib. intra 172. B. sect 1. the day of the purchase of the writ But debt lyes not against an heire upon a statute Marchant Staple or Recognizance because he is not bound Coke 3. part 15. A. Harberts case Goaler suffers an escape his heir shall not be charged 15 Eliz. Dyer 322. pl 25. Grandfather father and sonne or father and his two sonnes or Grandfathers two sonnes who have two sonnes the heire mediate shall be sued in debt as well as if they were immediate heirs 22 Eliz Dyer 368. pl. 14. 7 Eliz. Dyer 239. pl. 39. Right shall not be assetts Disseisee obliges him and his heirs and dyes this is not Assets for it is but a Right discened Pasch 6. Jac. com Ban. Molineux versus Molineux Right without an estate in possession Reversion or remainder is not Assets untill it be reduced into possession Coke 6. part 58. Bredimans cases Land in antient demeasue shall be assets 7 Hen. 4. 14. pl. 11. Coppyhold Land is not assets to the heire Coke 4. part 22. A. If an heir alien bona fide before the Action brought it shall not be assets Coke 5. part 60. A. Gooches case 27 Edw. 3. 78. pl. 16. 10 Hen. 7. 8. pl. 17. 19 Hen. 6. 46. pl. 95. 42 Edw. 3. 10. pl. 12. 48 Edw. 32 pl. 22. If Land descend to the heire although he enter not yet it is assets 42. Edw. 3. 10. pl. 12. The Grandfather makes a feoffement in Fee to the use of the heire of his body and dyes per 26 Hen. 8. the father enters and obliges him and his heirs and dyse quaere 182. Marie Dyer 111. pl. 46. Reversion expectant upon an estate Tayle is not assets because it lyes in the will of tenant in tayle to Dock and barr it at his pleasure Coke 6. part 58. B. Bredimans case et 42. A. Mildmays case Franktenement descendible express is not assets Coke 10. part 98. A. Seymors case Rent-seck descendable is not assets untill seisin Coke 6. part B. Bredimans case If the heire had not Assets in debt and afterwards assets come to his hands the first judgement is no barr of the action 19 Hen. 6. 37. A. Markham The profits of the heire at the time of the descent are sufficient and this shewed to the Court and the heire cannot deny it there shall be a general judgment against him per Dyer 18. Eliz. Dyer 344. pl. 1. The heir confesses the action and sayes that he had nothing but a Reversion descended to him there the Plaintiff shall have judgement to recover the said reversion to be levyed when he comes in possession and shall have a speciall writ of extent 23 Eliz. Dyer 373. pl. 14. If the father recover and error be brought against the sonne and a recovery against him he shall not render damages unlesse he hath assetts of other Land in Fee-simple If one be robbed he shall have debt against the Hundred per 27 Eliz. cap. 13. Debt lyes against a leessee at will for rent during the Term Coke 5. part 10. So against a lessee for years Nat br 120. H. And this during the term Coke 4. part Or after the term ended by effluction of time Coke 3. part 23. B. By limitation By condition in law In deed Common Law Nat. br 120. H. Statute Law ' 19 Hen. 6. 42. A. wast Nat. br 120. H. reentry Coke 3. part 23. B. Walkers case 30 Edw. 3. 7. 17 Edw. 3. 48. et fol. 73. pl. 107. It lyes not against tenant for life so long as his estate continues Coke 4. part 49. A. 11 Hen. 6. 14. pl. 4. But yet by the Statute 32 Hen. 8. cap. 37. the executors of a Lessor shal have debt during the est ate for life Coke 4. part Debt lyes not against the Master upon the buying of the servant unlesse it comes to his use or by his assent Doct. et Stud. 137. A. Debt lyes against an Ordinary when a man dyes intestate Nat. br 120. D. Coke 5. part 83. A. Snellings case et 9. part 39. B. 11 Hen. 7. 1 2. 9 Edw. 4. 33. Danby 18 Hen. 6. 23. com 277. 8 Eliz. Dyer 247. The Ordinary administers and then grants administration yet debt lyes against the Ordinary but it was sayd that such administration ought to be alledged in the Dioces of the ordinary 12 Rich. 2. Administrator 21. But note no Debt lyes against the ordinary after that he hath committed administration to another 8. Eliz. Dyer 247. pl. 73. Debt was brought against the father for the sons commons in a Colledg in Oxon although the father had delivered it to the Tutor of the sonne Pasch 9. Jac. Ban. Regis St. Johns in Oxford against Brickenden Debt lyes against him that becomes pledge without deed Nat. br 122. K. 18. Edw. 3. 13. pl. 7. Finchden A. borrowed of B. 20 l. to pay it at Michaelmas at which day D.
prayes B. to take him for Debter and gives him day over and obliges him to pay it by one Tallie ensealed Debt lyes not against D. because A. was not by this discharged 44 Edw. 3. 21. pl. 23. Purveyor contracts for fat wares for the king makes a bill of receipt to the use of the King and for this obliges him to pay but seales it not he shall be charged by Assumpsit and the King by debt and by no other way 8 Eliz. Dyer 230. pl. 56. Debt lyes against a Receivor which takes more then he ought per 7 Edw. 6. cap. 6. Lib. intra 191. B. sect 1. com 201. Stradlings case Abbot shall be charged with the borrowing of his predecessor if it come to the use of his house Nat. br 121. K. Lib. intra 152. A. sect 1. The count shall be generall Coke 7. part 10. B. Vghtreds case Praecipe societati Lombardiorum London mercatorum de Florentia and this was good 19 Hen. 6. 80. pl. 11. Debt upon an escape of one in execution upon an account it lyes per Westm 2. cap. 11. and of the debtor per 1 Rich. 2. cap. 12. For not returning a Knight of the parliament per 23 Hen. 6. cap. 15. the count com 118. Buckleys case Lib. intra 186. A. sect 1. Shrieve takes an obligation for an Appearance of the defendant which not appears yet debt lyes not against the shrieve by the plaintiff Trin. 13. Jac. com Ban. It lyes against a person Outlawed Mich. 38. et 39. of Eliz. com Ban. Banister versus Trussell No. Lib. intra 248. A. 7 Hen. 6. 10. For what things Debt lyes It lyes for money lent to another Nat. br 119. G. Of a horse lent till such a day and then to give 10l. or the horse after the day debt lyes for the one or the other Nat. br 121. B. A. borrowed money for the servant debt lyes not against the Master unlesse it came to his use by his assent Doct. et Stud. 137. A. To deliver to redeliver debt lyes 28 Hen. 8. Dyer 22. pl. 135. 11 Hen. 6. 39. pl. 31. 4 Edw. 3. 9. pl. 7. although the receipt be not by deed To deliver to redeliver over to another if it be not performed debt lyes 28 Hen. 8. Dyer 22. pl. 135. 11 Hen. 6. 39. pl. 31. 42 Edw. 3. 9. pl. 7. Mich. 40. 41. Eliz. com Ban. Brittons case But 6 Hen. 4. 8. pl. 33. if A. ought to pay an Annuity in fee. to B. and deliver money to C. to pay to B. yet B. shall not have debt against C. Lease for life of another debt lyes not for the Rent during the terme Coke 4. part 49. A. Ognels case But by the 32 Hen. 8. cap. 37. the executors or administrators shall have debt during the estate for life Coke 4. part 49. A. But after the estate ended debt lyes Coke 4. part 49. A. So it is by the death of the Lessee Coke 4. part 49. A. Or by Limitation Or by condition in deed 39 Ewd. 3. 22. pl. 11. Nat. br 120. H. Coke 23. B. 6 Hen. 7. 3. 30 Edw. 3. 7. Â Â in Law Statute Law 19 Hen. Â Â Common 42. A. Â Â Law wast Lease for years by a bayly the master shall have debt for the Rent Lib. intra 174. D. sect 3. Corporation made a lease for years rendring to P or 20. dayes after verdict it was moved that they shewed not the deed sed non allocatur because it was after verdict 2 good although they had brought debt for the rent for 6. years ended to P. and not 20 dayes after Mich. 9. Jac. Ban. Regis Baldry defendant in debt by the Corporation of Brewers Bargainee of a reversion in debt for rent ought to shew in what court the deed was inrolled Mich. 9. Jac. Ban. Regis Welby et Purley Debt lyes for the agistments for Cattle for so long time as they went Lib. intra 150. A. sect 1. count Lib. intra 151. A. sect 1. A. promises 20 1. to B. to marry his daughter B. shall have debt Nat. 120. K. count Lib. intra 178. A. sect 1. 37 Hen. 6. 8. pl. 18. 16 Hen. 3. prohibition 22. But if he promise 20l. in marriage with his daughter he shall not have debt but sue in court christian Nat. br 50. S. 16 Hen. 3. pro. 22. vide Regist 46. B. But if it be by deed then see 45 Edw. 3. 24. Bracton Lib. 5. cap. 16. Sic de rebus datis vel promissis ob causam matrimonii principaliter et sic de rebus quae accidunt matrimonio ut si pecunia promissa fuerit ob causam matrimonii quia ejusdem juris id est et jurisdictonis esse debet accessorium cujus est principale Partion one promiseth the other 20 l. for equality of partition debt lyes for it Nat. br 122. H. 14 Edw. 3. Debt 137. If a persoual thing be leased rendring rent debt lyes for it Coke 3. part 22. A. Walkers case Attorney shall have debt for his fees and for fees of counsell and costes of suite Nat. br 121. L. Count Lib. intra 202. B. sect 6. A counsellor shall have debt for his fees 3 Hen. 6 33. pl. 26. 21 Hen. 6. 4. pl. 6. but then he ought to count that he was of his counsell or was ready 37 Hen. 8. B. But 31 of Hen. 6. 9. B. Fortescue serjeant at Law shall not have debt for his fees Shall have debt for his salary Coke 9. part 87. 3 Hen. 6. 42. 11 Hen. 6. 48. although it be to doe his service beyond the sea Nat. br 120. E. The Count Lib. intra 201. D. sect 1. Steward retayned by word shall have debt 8 Eliz. Dyer 248. pl. 79. Coke 4. part 30. A. Count for a chapleine Lib. intra 153. B. sect 11. Count for a Priest Lib. intra 202. B. sect 5. Count for one retayned c. Lib. intra 203. B. sect 12. I. promise to a Surgeon 40 s. to cure B. he shall have debt because it is a good contract 37 Hen. 6. 9. A. Moyle Debt lyes against him that Tables with me 27 Edw. 3. 87. pl 37. 9 Edw. 4. 1. The count lib. intra 153. B. sect 10. et 177. D. sect 1. Goaler shall have debt for tabling of a Prisoner Coke 9. part 87. B. 28 Hen. 6. 4. pl. 21. Inkeeper shall have debt for Lodging or victuall 39 Hen. 6. 18. pl. 24. Physitian shall have debt for tabling and physick Lib. intra 187. B. sect 1. vide the count there If I. put my Cloath to a Taylor to make a garment he shall have a special action for the puting of the cloath is a sufficient contract in Law Coke 8. part 147. Carpenters case But not a generall action of debt without a contract in deed ibidem If I buy a Mannor Debt
intra 253. C. Sect. 11. Coke 9. part 77. B. Petoyes case Com. 187. Wortleyes case It lyes against a stranger that wrongfully outs one 6 Rich. 2. Ejection firm 2. 21 Edw. 4. 30 pl. 25. Brian Nat. br 220 F. Coke 9. part 80. A. 32 Hen. 6. 32. 27. S. It lyes not against a Feoffee of a Lessor because he cannot do wrong Nat. br 198. A. 21 Edw. 4. 10. pl. 1. Choke 21 Edw. 4. 30. 32 Hen. 6. 32. pl. 27. 38 Edw. 3. 33. pl. 44. Unless the Feoffee make a Deed presently upon the outing then it lyes against him Nat. br 198. A. Or enter upon the Lessee afterwards that the Lessee had entred upon him Nat. br 198. A. Lessor grants a Reversion to A. the Lessee attornes A. outs him the Lessee shall have an ejectione firmae Nat. br 221. A. 1 Hen. 5. 3. pl. 3. It lyes against the Heir of the Lessor Nat. br 198. K. It lyes against the Lessor 〈◊〉 outs the Lessee Nat. br 220. F. 21 Edw. 4. 10. pl. 1. Choke 30. pl. 25. 38 Edw. 3. 33. pl. 44. Coke 9. part 80. A. Nat. br 198. K. Lessor suffers a Recovery the Recoveror outs the Lessee he shall have an Ejectione Firmae against the Recoveror by the equity of the Statute 21 Hen. 8. cap. 15. Nat. br 220. J. 198. E. It lyes against the Lord per Escheate which outs one Nat. br 221. I. B. 198. K. It lyes against the Lord of a Villeyn which enters upon the Termor Nat. br 221. C. 198. K. It lyes against Tenant in common per his companion Littleton 73. A. Of what things an Ejectment lyes It lyes upon a lease for Cattel because it is a personall thing 1 Hen. 6. 1 Cottesmore It lyes of Wood Com. 223. B. Barkeleyes case the count there It lyes of a chamber Mich. 30. Eliz. ban Regis Brand against Cage It lyes of Tythes per 32 Hen. 8. cap. 7. 2. 3. Mariae Dyer 116. pl. 17. the count ought to shew the nature or quality of the Tythes Coke 11. part 24. B. Harpers case It lyes of a Garden Barn and Tyths 9 Eliz. Dyer 258. pl. 16. But if all the Tything consists of a modus decimandi and a lease made thereof ejectione firm lyes not Coke 11. part 25. B. Harpers Case It lyes of a water-course Com. 288. B. Brown Regist orig 227. B. It lyes of a Hundred because it is liberum tenementum 15 Hen. 7. 8. Pl. 1. It lyes of a Mannor and the Writ Regist orig 227. B. Nat. br 220. G. Com. 229. A. Barkleys Case The Count. Lib. intr 252. A. Sect. 4. Count of a demise of 300 Acres by the name of a Mannor habendum Manerium cum c. and good 13 14 Eliz. Dyer 340. pl. 5. 7. It lyes of a Messuage Coke 11. part 55. A. Savels Case The Count No. Lib. intra 184. A. Sect. 1. 3. 197. C. Sect. 7. Lib. intra 252. B. Sect. 5. 6. Coke 1. part A. Pelhams Case It lyes of a House goods and Chattels The Count Lib. intra 252. B. Sect. 7. It lyes de medietate Messuagii Lib. intra 256. D. Sect. 14. The Count Com. 459. B. Studs Case It lyes de tribus partibus duorum Messuagiorum No. Lib. intra 195. D. Sect. 6. It is not formal to have it of a Chappel but shall be of a House Coke 11. part 25. B. Harpers Case For the Plaint in Assize shall not be of an Hospital but shall say Messuage 8. Assize 29. It lyes of a Mill No. Lib. Intra 192. A. Sect. 5. It lyes of 300 Acres of Pasture the Count Lib. intra 251. D. Sect. 2. It lyes of pasturing of an Oxe Com. 228. B. Brown Regist 227. B. It lyes of 100 Acres of Meadow Lib. intra 252. A. Sect. 13. It lyes of a Rectory 15 Hen. 8. pl. 1. 16 Hen. 7. 8. pl. 6. 13 14 Eliz. Dyer 304. pl. 25. The Count Lib. intra 253. A. Sect. 9 10. It lyes not of a Reversion Com. 159. B. Thracies Case per Dyer It lyes of a 100 acres of Land the Count Lib. intra 251. C. Sect. 1. But it lyes not of a Close containing three acres but shall be of so many of the acres by name Coke 11. part 55. Savels Case For by Crooke Justice Mich. 15 Jac. Wicks Sparrow the Land of every man is enclosed and therefore an Ejectione firmae cannot lye of it for the incertainty But Coke 11. part 55. Savels Case was it seems that if it be of a Close containing three acres of pasture it is good because the quantity is shewed and so it was adjudged Mich. 15 Jac. ban Regis Wicks et Sparrow It lyes not of a piece of ground called Michels piece Trin. 38 Eliz. ban Regis Rott 450. Palmer Humphreys It lyes not of a virge of Land 38 Eliz. Rott 453. Mell versus Moor. The Count Generally If it be of a Lease made by a Bishop it ought to count upon the Deed No Lib. intra 186. D. sect 2. But if it be of a Lease made by the Husband and Wife it needs not count that it was by Indenture Lib. intra 252. C. sect 8. Coke 2. part 61. B. Wiscots case If it be of a Lease made by a Person tunc adhuc seized of the Reversion it is good without averring of the life of the Person 13 14 Eliz. Dyer 304. pl. 52. If the count be of a Lease made by three where two have nothing in it it is not good although they joyn in the Lease but contrary by him that hath right per Williams Crooke Mich. 10 Jac. Ban. Regis Longs case A Lease to commence at Mich. next after the death of A. the count ought to shew that A. is dead 1 Mariae Dyer 97. pl. 46. fol. 89â— 19 Eliz. Dyer 357. pl. 46. Counts that A. demised to him per Indenture dated 27 Martii 11 Jac. primum delibat 10 deâ—imo Aprilis eodem anno for 21 year till Mich. next before and the ejectment 1â— Aprilis this is good or he may count that by Indenture dated 27 Martii primum deâ— libat 10 Aprilis Mich. 11. Jac. ban Regis Michels case The count upon the Imparlance Roll waâ— upon a Lease made 10. of December 10 Jaâ— and upon the plea-roll it was upon a Lease made 30 Januarii 10 Jac. habendum 20 of December before this is not good Hill 14 Jac. Milward Wats Ban. Regis The count was that he was seized and so seised leased 9 Eliz. Dyer 258. pl. 16. Com. 416. A. Bracebridges case Com. 187. A. Adams case Com. 223. B. Barkleys case Com. 530. B. Howel Crofts case But 14. Eliz. Dyer 340. pl 57. doeth not count of the seism Coke 11. part 3. B. Coke 3. part 16. A. Borastons case Coke
alleadg the presentation in him against whom he recovered Nat. br 33. J. Or may have this without alleadging any presentation but may count upon the Record Nat. br 36. A. If he recover in a Quare Impedit 42 Edw. 3. 8. pl. 5. 3. He may alleadg seisin in the Procurator Nat. br 33. J. 17 Edw. 3. 60. et 75. He that alleadges presentation ought to shew that the Presentee was instituted although that it was against a common Person But against the King he ought to shew that he was inducted Com. 528. Bickleys case Coke 6. part 49. Boswels case And such presentment ought to be within memory 17 Edw. 3. 10. Devisee for life alleadges the presentation in himself and good Coke 5. part 37. 8 Hen. 5. 10. The presentation of Tenant for life Coke 5. part 97 98. For years 7 Edw. 4. 20. 22 Edw. 4. 9. B. In Dower Courtesie At Will 5 Hen. 5. 3. pl. 6. These are the presentments of him that hath Fee The King grants the Advowson to A. the Church being void and presents 13 Eliz. Dyeâ— 330. pl. 36. grants or presents by Lapse 21 Eliz. Dyer 364. pl. 28. But the Issue in Tayl ought to alledge presentment in the Donor because he derives his title from him Com. Mauxels case fol. 4. B. If it be alleadged in the Donor or Donee Lessor or Lessee it is not double because the presentment of the Lessor or Donor is onely traverseable Coke 5. part 98. A. Northumberlands case For the Lessee ought to alleadge it in the Lessor Coke 5. part 98. A. Yet Presentation by him is good 8 Hen. 25. 4. But in the Judgement of the Law this is the Presentation of the Lessor Coke 5. part 89. Purchasor may alleadge that in whose Estate he hath 13 Hen. 8. 12. pl. 2. 2 Edw. 3. pl. 29. 1. 6. Edw. 3. 204. pl. 7. Nat. br 33. H. He that brings a Quare Impedit ought to shew specially although the Church become void 5. Edw. 4. 72. B. for he may be removed out of the possession by Spoliatious Disseisin or be outed otherwayes yet the Church is full The Process in a Quare Impedit 1. before appearance 2. after Vide Lib. intra 52. B. Sect. 1 2 3 4 5 6 7 8. At the Common-Law it was but a Distress infinite 11 Hen. 6. 3. Martin But per Marlebridge cap. 12. if he appears not at the Grand Distress a Writ shall Issue to the Bishop 24 Edw. 3. 37. 5 Edw. 4. 115. 7 Eliz. Dyer 241. pl. 48. 7 Eliz. Dyer 241. pl. 1. Nat. br 38. N. The same Law in a Scire Facias by the King upon A Judgement in a quare Impedit 14 Edw. 3. Quare Impedit 5. So if the Shrieve return a Nihil upon the Grand distress 12 Hen. 4. 4. Hankeford 21 Hen. 6. 56. pl. 13. 11 Hen. 6. 3. pl. 8. because the proces is determined vide 27 Hen. 6. 5. pl. 32. And this is for the mischief of the Lapse 24 Edw. 3. 37. But if a Nihil be returned upon the summons Attachment and distress quaere 11 Hen. 6. 3. a Writ to the Bishop 4. yet the better opinion there is that a Writ shall Issue to the Bishop And if a Quare Impedit be against two one appears at the Grande Distress the other makes Default a Writ shall Issue to the Bishop pro querente against him that made Default Nat. br 39. B. 14 Hen. 7. 19. Quare Impedit against the Bishop and B. B. makes Default at the Grande Distress the Bishop pleads that he claims nothing but as Ordinary the Plaintiff shall have a Writ to the Bishop after the Count made 10 Hen. 6. 4. Writ to the Bishop 3. The Defendant appears after appearance makes default the Plaintiff shall have a Writ to the Bishop 2 Hen. 4. 1. pl. 3. Nat. br 38. S. At the Grande distress the Defendant pleads to Issue and makes default a Writ shall Issue to the Bishop without more for the Grande distress was Issueable 16 Edw. 3. Writ to the Bishop 17. 12 Edw. 2. Quare Impedit 168. Default at the Grande distress the Plaintiff shall have Judgement Lib. intra 507. A. Sect. 1 2 3. Judgement The Plaintiff is Non-suited the Defendant shall have a Writ to the Bishop without making title as it seems but the surest way is to make title 33 Hen. 6. 1. pl. 2. T. brought an Assize of Darrein Presentment against P. and the Assize was taken by his default and when the Assize was sworn T. withdrawed himself yet P. shall have a Writ to the Bishop although he was not in Court 9 Edw. 3. Darrein Presentment 17. Bar in a Quare Impedit 1. by the Ordinary 2. by others The Church was Litigious and he Collates after the 6. moneths 34 Hen. 6. 41. pl. 10. 5 Hen. 7. 19. 34 Hen. 6. 38. 2 Hen. 6. 44. 18 Edw. 3. It shall be Litigious where there are two Presentations and two Commissions and one found for one and another for another 21 H. â— 44. A. Newton Paston But if the title of one be found and another present and request is made to admit the Clerk for which it was found it is not Litigious 22 Hen. 6. 28. Br. of Quare Impedit 80. If two Joynt-tenants or Tenants in common present severally it is not Litigious Doct. Student 116. A. If two present severally and neither the one nor the other pray Commission the Church is Litigious Lib. intra 511. 512. 35 Hen. 6. 18. pl. 27. 8 Edw. 3. 289. pl. 49. Claiming nothing but as ordinary Judgement si c. without special disturbance this is good 5 Hen. 7. 19. 22 Hen. 6. 15. 33 Hen. 6. 12. 32. But the Plaintiff upon this may pray Judgment and have it with Cessat Ezecatio until c. Crook 17 Hen. 7 43. pl. 9. 1. An Alien 7 Rich. 2. and this although he be made Denizen after Ibidem 2. Bastard Coke 5. part 58. A. 11 Hen. 4. 8. A. 11 Hen 7. 12. 11 Hen. 4. 37. but if he be admitted it is good 29 Edw. 3. 44. pl. 3. 3. Blinde Coke 11. part 29. B. 4. Heretick Coke 11. part 29. B. 5. Homicide 38 Edw. 3. 2. 6. Infant Coke 5. part 58. A. 6 Edw. 3. 184. pl. 6. Herle 7. Jew Coke 11. part 29. B. 8. Illiterate 12. Eliz. Dyer 293. pl. 3. Coke 5. part 58. A. Specotts case 40 Edw. 3. 25. pl. 31. 9. Irreligious 5 Hen. 7. 6. 11 Miscreant Coke 5. part 58. A. Specotts case 12. Not able upon examination 39 Edw. 3. 1. pl. 5. 13. Premenire 38 Edw. 3. 3. pl. 9. 14. Himself Patron 31 Hen. 6. 621. 15. Saracen Coke 11. part 29. B. 16. Scismatick Coke 5. par 58. A. Specots case 17. Symonist Lib. intra 532. A. 18. Villein 14 Hen. 7. 28. B. 19. Utlaw Coke 5. part 48. A. Specots case These are good causes of Refusal Where one having a Parsonage in Wales
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
Rich. 2. cap. 7. because damages are only to be recovered 21 Edw. 4. 3. 2 Henry 7. 17. pl. 1. 47 Edw. 3. 22. pl. 54. 46 Edw. 3. 1. pl. 2. And note none may plead this but the Terretenant 2 Hen. 7. 17. pl. 1. In five ports the writ is Dilecto fideli suo W. Constabular Castri sui D. Custodi quinque Portuum suor salutem Mandamus vobis quod Audita quaerela A. de quadam transgr eidem A. per B. qui est de libertate Portuum praedict illat ut dicitur auditisque hinc inde earum rationibus eidem A. facias exhiberi celeris justiciae complâ—mentum prout de jure secundum legem consuetudinem portuum praedict fuerit faciend ne clamor ad nos inde perveniat iteratus c. Who shall have Trespass Note that he that taketh only the profit of the soyl of another shall not have a Quare clausum fregit 15 Henry 7. 14 Henry 8. He that hath certain acres annuatim shall have Trespass Administrator shall have Trespass for goods of the Intestate taken out of the possession of the Administrator Regist orig 94 A. 22 Edw. 4. 120. pl. 32. the Count Lib. intra 649. D. sect 1. Administrator shall have Trespass for goods taken out of the possession of the Intestat Nat. br 92. A. 14 Henry 7. 13. Tremaile the Connt Lib. intra 640. A. sect 1. An Executor shall have it p. 4. Edw. 3. cap. 6. and the Statute of 31. Edw. 3. gives the same remedy to an Administrator but this is by the equity of the Statute 4 Edw. 3. cap. 7. Crook 24 Hen. 7. 101. B. pl. 2. An Administrator shall have an Action of Trespass before the administration committed to him but not against him that justifies under the Ordinary 18 Henry 6. 22. pl. 7. 36 Henry 6. 8. A. Prisott Register original 102. B. But if the Administration be committed by word to A. who sells it to B. and dyes and is committed to C. quaere if C. shall have Trespass for it Alien friend shall have all Actions personals 6 Henry 8. Dyer 2. pl. 8. Coke 7. part 17. A. But an alien Enemy shall have no Action 6 Henry 8. Dyer 2. pl. 8. Coke 7. part 17. A. 14 Henry 8. 4. Husband and wife Executrix to B. joyn in Trespass for taking the Goods during coverture 21 Edw. 4. 5. per Littleton Trespass done to the wife sole which takes a Husband they shall have Trespass in their names Nat. br 87. H. Regist orig 95. A. 21 Hen. 6. 30. pl. 16. Lib. intra 6. 50. C. sect 3. and it shall be bona catalla of the wife 7 Henry 7. 2. vide 14 Elizabethae Dyer 305. pl. 59. the Count Lib. intra 650. C. sect 3. Husband and wife joyn in Trespass for the beating of the wife 46 Edw. 3. 3. pl. 5. 22. Assise 60. 87 Regist 105. B. Lib. intra 612. 668. C. sect 4. So for imprisonment of the wife Coke 5. part 59. A. Fosters case But if they joyn for battery of both this abates for the battery of the Husband 9 Ed. 4. 54. 3 Edw. 3. brev 737. And if they brought a Trespass for beating and taking away of Goods the writ shall say de bonis of the husband for the wife cannot have a property during the coverture Regist orig 105. B. And if the Husband and wife are beaten they shall have several Actions Regist orig 105. in the Note quia transgressio personalis Trespass quare domum suam fregit maremium inde c. good by the Husband alone because he may pull it down and sell it 43 Edward 3. 16. pl. 15. fol. 26. pl. 6. So for entring and chasing and carrying away of the Deed although the wife had a joynt estate yet it is a personal thing 43 Ed. 3. 8. pl. 23. So for Deeds concerning the Land of the wife 8 Hen. 5. 9. pl. 13. So in trespass upon the Statute 5 Richard 2. cap. 7. because he only shall have dammages 38 Henry 6. 3. pl. 9. 4. Edward 4. 13. So for taking away of his wife and his goods Nat. brev 89. O. 14 Henry 6. 2. pl. 11. 6 Edw. 3. 208. pl. 2. 43 Edw. 3. 23. pl. 15. 44. Assize pl. 13. Regist orig 97. A. for this is given by Westm 1. cap. 13. Westm 2. cap. 34. Quando breve fertur de aliquibus ad liberum tenementum annexis fiat in nomine amborum sed si sit deâ—rebus libero tenemento non annexis in nomine viri tantum sed si sit de domo fracta sit in nomine amborum sed alii Clerici dicunt quod fiat in nomine viri tantum Regist orig 108. B. Vide tamen in nomine amborum de clauso fracto bona c. Lib. intra 640. B. sect 4. fol. 662. D. sect 21 Rich. 2. brev 933. The King collates and the Shrieve puts him in he shall have Trespass Nat. br 37. D. Commoner shall not have Trespass for any thing in the Land 4 Hen. 7. 3. 15 Henry 7. 13. pl. 1. fol. 12. pl. 23. A. le ts Land to B. for to sow and A. to have the moyety of the Corn yet B. cannot have trespass Quare clausum fregit against him for wasting of the corn Hill 30 Eliz. Hare versus Oakley And although this was not pleaded in abatement yet the special matter being found the Plaintiff shall not have judgement because it appears to the Court they cannot be disjoyned to have an Action in such form He to whose use shall have Trespass in his own name but in the name of the Feoffees Crook 17 Hen. 7. 41. pl. 2. Copyholder shall have trespass for the breaking his close and cutting his Trees 2 Hen. 8. 4. 12. Coke 4. part 21. B. No. lib. intra 644. C. sect 3. the pleadings He shall have it against the Lord 20 Edw. 3. 80. Coke 4. part 22. A. Disseisee shall have Trespass for the mean profits and all other things after his entry Coke 11. part 51. A. Liffords case 3 Henry 4. 13. pl. 18. Gascoigne 37 H. 6. 7. pl. 13. But before his entry he shall not have Trespass for his former entry 32 Hen. 6. 32. A. 38 Henry 6. 28. A. Fortescue Unless in case of necessity as Tenant for the life of another is disseised and he that hath the life dyes or Tenant for years outed and the years expire they shall have Trespass afore the entry and recover the mean profits 38 Hen. 6. 28. B. Executor shall have Trespass for goods taken out of the possession of the Testator Nat. br 87. E. Regist 98. A. And the writ shall not say ad grave damnum neque in retardationem executionis testamenti Regist orig 98. A. the Count Lib. intra 640. A. sect 2. But this was given by the 4 Edw. 3. cap.
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