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
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.
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.
Commoner for damage fesant Coke 9. part 112. B. 24 Edw. 3. 42. pl. 23. 40 Edw. 3. 23. 15 Hen. 7. 8. 13 Hen. 8. 15. 7 Edw. 3. 266. pl. 39. Coke 8. part 78. B. Welds case Crooke 17 Hen. 7. 41. pl. 2. Although they be Coppy-holder or Tenant for years Coke 9. part 112. B. And needs not shew per quod amisit communiam No. Lib. intra 573. D. Sect. 4. but vide Coke 9. part 113. A. who ought to shew it For rent reserved by the Testator upon a Lease for years he shall not be put to shew the Testament 12 Rich. 2. 163. Executor for Rent due in vita Testatoris 32 Hen. 8. cap. 37. Rent granted by Husband and Wife the Arrearages incurre the Husband dyes the Wife shall distrain for the Arrearages 29 Edw. 3. 40. pl. 19. Gardein in Soccage may avow for damage fesant in his own name for he hath the Governance of the Land Crooke 17 Hen. 7. 46. B. Frowick Parson may avow for Rent-charge by prescription Lib. intra 557. B. Sect. 1. The King having the profits by Outlary in a personal action may avow 15 Hen. 7. 2. pl. 4. Tenant at will for damage fesant Lib. intr 561. B. Sect. 1. 15 Hen. 7. 2. pl. 4. Tenant at sufferance cannot avow for damage fesant Crooke 17. Hen. 7. 47. A. But vide 4 Hen. 7. 3. pl. 6. in Trespass he justifies for damage fesant and good for he ought to have the profits till him that hath right enter upon him For what things a man may avow Amerciament in a Leet No. Lib. intra 572. A. Sect. 2. Crooke 20. Hen. 7. 66. pl. 8. In Tourne of the Shrieve 28 Edw. 3. 95. In a Court Baron it was by custome alleadged 15 Eliz. Dyer 322. pl. 23. Crooke 20 Hen. 7. 66. pl. 8. for amercement for the Tenants not coming he may distrain if it be assessed by Ferrors otherwise not Corrody granted with distress he may avow for 27 Edw. 3. 81. pl. 13. Damage fesant Lib. intra 554. D. Sect. 3. 556. A. Sect. 7. 559. A. Sect. 1 2 No. Lib. intra 575. B. Sect. 6. 577. C. Coke 8. part 89. B. Frances case If the Cattel be chased out before he distrain he cannot avow the distress Coke 9. part 22 Avowry 16 Edw. 4. 10. 2 Edw. 3. 2. Avowry 182. His frank-tenant and avows for damage fesant and it was found that he was his frank-tenant and his wife the judgement shall be against him for both were seized Trin. 38 Eliz. Com. Ban. Walker versus Bonner The Plaintiff shews that A. was seized and descended to him and that he was seized in Fee and avows for damage fesant and good Trin. 9 Jac. Newton versus Ansley For a Moyety of the value of the Land upon 4 Hen. 7. For maintenance of Husbandry Lib. intr 575. D. Sect. 1. Herriot Custome No. Lib. 613. B. Sect. 22. But he ought to shew the Certainty of the Land holden for to say that he held two tenures is not sufficient but claims it of the Lessee for life he ought to shew which Lease he holds by 21 Hen. 7. 79. pl. 27. Crooke For Relief Lib. intra 5â—5 C. Sect. 4. But the Avowry shall not be for the double rent but only the quantity of the single rent 16 Hen. 7. 4. pl. 2. 1. For a Rent Charge No. Lib. intra 585. A. Sect. 7. 8. 9. 2. For a Rent Charge by prescription Lib. intra 557. B. Sect. 1. 2. C. 3. For Rent-service but if he avow for two rents where one rent day is not come the Avowry shall abate for that only which is not come Coke 8. part 45. B. Godfreys case 1. For Fealty Lib intra 555. C. Sect. 4. 2. For Homage Lib. intra 555. C. Sect. 4. Coke 4. part 6. A. B. Bevils case For Rent service Lib. intra 554. C. Sect. 2. 556. Sect. 8. But if it be to render one thing or other he shall avow accordingly For Bracton Lib. 2. Fol. 35. B. in hoc casu tenens habet electionem unum solvendo liberatur For rent service when the Cattel are chased out Lib. intra 557. A. Sect. 10. Seisin in Avowry in whom it may be alledged It may be alledged in the Ancestor of the Avowant 34 Hen. 6 21. 3 Edw. 2 Avowry 187. 20 Hen. 6 7 com 140 A. 16 Hen. 7 4 pl. 10. 2 Edw. 3 27 pl. 4. In the Father of the Feoffor Lib. intra 556 B. sect 8. In the Predceessor good 6 Edw. 3. 277. Com. 96. A. By what hands Seisin shall be alleadged By the Ancestor of the Plaintiff 34 Edw. 3. Avowry 258. 34 Hen. 6. 8. By a Disseisor good Coke 2. part 67. A. Tookers case Coke 6. part 57. B. Bredimans case Unless it be by Covin Coke 6. part 58. A. Bredimans case By the hands of an Infant good 34 Edw. 3. Disclaimer 30. Coke 9. part 33. B. Bucknals case In the Feoffor of the Tenant Com. 95. A. Mantels case By the hands of the Joynt-tenant only it is good Coke 2. part 67 A. Tookers case Presciption to have rent of a Village Seisin by Resyants is good because all the Village is chargeable 4 Hen. 6. 29 30. Coke 6. part 59. Bredimans case By Tenant for years not good because he hath not an estate out of which seisin may be gained Coke 6. part 57. Bredimans case By the hands of the Tenant for life good when the remainder is over to another Coke 6. part 58. A. Bredimans case By the hands of the Tenant by courtesie not good to charge the Heir with Herriot Service because none may have his estate 21 Hen. 7. 84. pl. 8. Crooke Tenant makes a Feofment and afore notice gives seisin this is good because he remains tenant to the Lord until notice Coke 6. part 58. A. Bredimans case By the hands of the tenant and needs not say Tenant of the land 34 Hen. 6. 8. By the hands of the tenant prevail good Coke 6. part 58 A. Bredimans case The Shrieve claims rent by prescription and seisin 42 Edw. 3 4. Within what time seisin ought to be alledged The advowant is not bound to alledge seisin within 40 years but may alledge it generally and then the other may plead that he was not Seised within 40 years Coke 8. part 65. A. Fosters case 9. part 36. A. Bucknalls case 14 Eliz. Dyer 315. pl. 10. When it is not requisite to alledge Seisin Avowry for an amerciament is not requisite 11 Hen. 4. 89. 13 Hen. 4. 9. Avowry for rent charge 44 Edw. 3. avowry 75. Coke 8. part 56. A. Fosters case Avowry for rent upon a feofment by deed tendered of him because the deed is the title and the commencement of it appears 2 Edw. 2. Avowry 185. Coke 8. part 65. A. Fosters case So for Rent
B. shall have Trespass before possession for he hath the property in Law 2 Edw. 4. 25. per 2 Justices Coke 3. part 26 27. Butler Baker Trespas brought it was found by office that the other was Tenant and that it escheated to the King this shall abate it as to the things upon the Land Com. 488. B. Nichols case 546. A. 19 Edw. 4. 2. pl. 5. He that enters upon the possession of the King shall not gain possession therefore he shall not have trespass Com. 546. A. Paramors case 2 Hen. 4. 7. pl. 29. Or upon a Farmor of the King 2 Hen. 4. 7. pl. 29. But he that outs the Farmor the King shall have trespass Com. 546. A. Paramors case The King shall have trespass Nat. br 90. I. Regist orig 99. A. And in this Case the party cannot make fine because the dammages are to the King himself 10 Hen 4. 3. pl. 7. But for trespass in the Kings lands there use to be an information in the Chequer Nat. br 90. I. And in such case the judgement is that the party shall be removed and put out of possession although that it be but a personal sute and the removal shall be by writ formed in the case Com. 561. B. But the King may have a Trespass Quare clausum fregit Nat. br 90. I. The Queen shall have trespass without the King Nat. br 101. Recusancy shall be pleaded in disability for as many Hereditaments as are not seised into the Kings hands 3 Jacobi chapter 5. A Bishop shall not have an Action of Trespass made in the vacation 39 Edw. 3. 12. pl. 18. 18 Edw. 2. traverse 237. Vide tamen Regist 101. A writ formed in such case for the succeeding Bishop Master of an Hospital shall have an Action of Trespass for a thing done in the time of his Predecessor Nat. br 89. G. Regist orig 196. B. the writ there Tenant at will shall have trespass against a Stranger 19 Hen. 6. 45. pl. 94. 12 Edw. 4. 8. pl. 20. 35 Hen. 6. 5. pl. 7. For entring his Close and burning his hay 35 Hen. 6. 5. pl. 7. Copyholder shall have trespass Coke 4. part 31. A. 2 Henry 4. 12. pl. 49. Coke 4 part 4. 21. B. 23. B. and this before his admission per discent The joyn in trespass touching Tenants Littleton sect 315. 18 Hen. 6. 5. 14 Hen. 6. 9. pl. 38. 12 Hen. 6. 4. pl. 11 4â— Edw. 3. 13. 5 Hen. 4. 1. 14 Hen. 4. 31. 43 Edw. 3. 24. pl. 3. 22 Hen. 6. 12. But if one dyes the other shall have an Action for all 43 Edw. 3. 24. pl. 3. They ought to joyn in Trespass 5 Rich. 2. cap. 7. 34 Hen. 6. 32. pl. 16. 4 Edw. 4. 18. 21 Hen. 7. 22. Note for battery they shall not joyn Regist orig 105. B. A. had male Swans B. female which having young ones for the young ones they shall joyn because they are Tenants in Common Coke 7. part 17. A. 2 Richard 3. 15 16. One Tenant shall not have trespass de bonis asportatis against his companion that takes them Lib. intra 653. B. sect 3. Tenant for anothers life is disseised he that had the life dyes Tenant for anothers life shall have trespass without reentry because the Act of God shall not prejudice him 19 Hen. 6. 28. B. Aschough Coke 5 part Kniets case Tenant at sufferance shall not have trespass Crook 17 Hen. 7. 47. A. If a man be outlawed or attainted in trespass or felony and pardoned he shall have trespass for trespass done to his person before the pardon 29 Assize pl. 63. No. Lib. intra 248. A. 30 Edw. 3. 4. pl. 18. But for other trespass quaere 5 Edward 3. 170. But before Scire facias he cannot without doubt because the pardon was conditional 21 Edward 3. 55. pl. 7. Against whom Trespass lyes Administrator takes the goods of B. which proves as will by which he was made Executor and brought Trespass and it lyes although the administration were never repealed for the administration was voyd and the Administrator a Trespassor Mich. 12 Jac. Ban. Regis Fisher Young A. makes a Trespass B. agrees to it afterwards and avows yet B. is no Trespassor 9 Edw. 3. 35. pl. 17. Trespass lyes against an Alien Digest br 72. A. Person attainted shall be sued Mich. 38 39 Eliz. Com. ban Banister Trussell No. lib. intra 248. A. Infant makes a Letter of Attorney to A. to take a Livery for him A. takes it the Infant shall not have trespass because it is for his advantage 21 Hen. 6. 31. B. Ascue Trespass De muliere abducta cum bonis c. gift against husband and wife because the wife may assent to the Ravishment and also to the carrying of the Goods 43 Edw. 3. pl. 15. 44. Assize 13. Trespass against Husband and wife the wife is taken by Capias but not the husband Dodderidge and Haughton Justices said that if the Declaration be against the wife alone it is not good and if there be no Declaration the wife shall be at large but afterwards Dodderidge said a Declaration shall be put in against the Husband and wife and the wife appearing shall be committed to prison to which Crook agreed yet qâ—aere what was done in it Mich. 15 Jac. Ban. Regis Ashewell against Opshard and his wife If the Woman beat another the Husband must be named in the Writ Register original 105. B. Lib. intra 612. A. sect 11. Trespass lyes against him that commands another to do a Trespass Doct. Stud. 19. A. tamen quaere It lyes against a Master of an Hospital and his brethren Register Original 105. B. It lyes against a Dean and Chapter 32 Hen. 6. 8. pl. 13. It lyes against a Maior and Communality Quare vi armis 38 Edward 3. 18. 8 Henry 6. 1. 9 Henry 6. 36. 20 Henry 6. 9. 15 Edward 4. 2. 4 Henry 7. 13. 32 Henry 6. 10. But no Capias lyes against them because they cannot appear in person 45 Edw. 3. 2 3. 22 Assize 67. 21 Edw. 3. 59. pl. 1. Disseisee shall have trespass against his Disseisor before his entry for the former entry 32 Hen. 6. 32. 38 Hen. 6. 28. A. Fortescue But after his entry he shall have trespass against the Disseisor for all the mean profits Coke 11. part 51. A. Liffords case 3 Hen. 4. 13. pl. 18. Gascoigne 37 Hen. 6. 7. pl. 12. But shall not have trespass against the Disseisor of the Disseisor for then the last Disseisor should be twice charged Coke 11. part 51. Neither against the Feoffee or Feoffor of the former Disseisor 34 Henry the 6th 30. pl. 14. 13 Henry the 7th 15. Coke 11. part 51. Liffords case 2 Edward 4. 18. pl. 12. per 2 Justices Crook 12 Henry 7. 1. pl. 2. But
of England But in Parliament this ought to 〈◊〉 19 Hen. 6. 12. 〈◊〉 And also before Justices iâ—eneâ—ant there 19 Hen. 6. 12. Newton But at this day judgement given at the Grand Sessions in Wales in plea real or miâ—â— shall be redressed in Ban. Regis in England per Statute 34 Hen. 8. cap. 26. But in plea personal it shall be redressed before the President of the Counsel in Wales by bill But judgement in the Assizes in Wales cannot be redressed in Com. Ban. 8 Eliz. Dyer 250. 87. ERROR    1. Out of the Realm 1. Ireland     1. Judgement in court of Record      2. Wales      1. Superiour 1. Parliament    1. Common Law  2. Ban. Regis    3. Com. Ban.    4. Chancery    5. Exchequer    2. In the Realm 1. Parliament the Sheriff in Redisseisin per Merton cap. 3.   1. Assizes     2. Oyer and Terminer 1. Village   3. Conusance of pleas 2. Single person Error is either by   4. Forrest     5. Stannaries    2. Inferiour Prescription 1. In him and his Successors  2. In him and his Heirs   3. In him whose estate he hath 2. Agard Execution  4. Custome 1. London     2. Cinque ports     3. In any village     5. Common Right 1. Pypowders in Fair or Market  3. Other Record Fine Grant of the King 2. Marshalsey Coke 10. part 69. B.      3. Tourne      4. Leete   Westm 1. 2. cap. 30. Upon a Bill of Exception    2. Statute Law 5 Edw. 3. cap. 2. Error in Marshalsey Redress in Ban. Regis   9 Rich. 2. cap. 8. He in Reversion his Heirs or Successors shall have Error upon Judgement against Tenant for life c. and by equity he in Remainder 34 Hen. 8. cap. 16. Error upon Judgement before the Justices in the Grand Sessions in Wales shall be redressed in Ban. Regis in England if it be in plea real or mixt but for personal matters it was to be redressed before the President and Counsel in Wales 23 Eliz. cap. 3. False Latine rasing interlining mis-entring of a Warrant 〈◊〉 Attorney or Proclamation Mis-return or not Return of the Shrieve or fault of â—orm in words shall not be Error in Fine or common Recovery 27 Eliz. cap. 9. Ordains that this Statute of the 23 Eliz. cap. 3. extends to Fines and Recoveries in Wales 27 Eliz. cap. 8. Judgment given in Ban. Regis shall be redressed before the Judges of the Common pleas and Barons of the Exchequer but then it ought to be in Debt Detinue Account Covenant Ejectione firmae Trespass Action upon the case and there shall be nothing assigned in the Jurisdiction of the Court or in form in a Writ returned Plaint Bill Declaration pleading process verdict or proceedings  31 Edw. cap. 3. 12. Error redressed in the Chequer chamber before the Chancellor and the Thesaurer calling to them the Barons of the Chequer and Justices  31 Eliz. cap. 1. The not coming of the Chancellor shall not make a Discontinuance of the Error in the Chequer chamber  And for Error therein sued upon a Judgement in Ban. Regis 3 of the Justices or Barons may adjourn it and it shall be no Discontinuance Erroneous judgement given in the Isle of Man may not be redressed in England because it is not parcel of England Crooke 11 Hen. 8. 202. pl. 19. Judgement given Ban. Regis Error lyes in the sane Court per Common law if it be error in proces or default of Clarks Nat. br 21. I. 7. Hen. 6. 28. pl. 22. 19 Hen. 6. 2. pl. 2. 15 Edw. 4. 7 8. 3 Eliz. Dyer 196. pl. 39. 27 Hen. 8. 15. B. Knightley But if it be error in Law which is the fault of the Justices it shall not be redressed but by Parliament per Common law Nat. br 21. I. 9 Edw. 4. 3. 3 Eliz. Dyer 196 pl. 39. 201. pl. 64. 23 Eliz. Dyer 374. pl. 19. 27 Hen. 8. 25. B. Fitz-James But error in process or default of Clarks ought to be redressed in the same Term or otherwise it lyes not in the same Court as it seems by the Justices Trin. 7 Jac. Ban. Regis Prowse Skeynner But one case was Mich. 41 42 Eliz. Rot. 639. which is a rule that error lyes in another Term upon Error in Proces when the party cannot have error in the Chequer Chamber But by the 27 Eliz. cap. 8. if judgement be given in Ban. Regis upon a sute commenced there the writ of error lyes in the Chequer Chamber before the Justices of the Common ban and Barons of the Chequer or fix of them Coke 3. part 7. B. 4. part 7. B. 4. part 53 86. A. 5 part 18. B. 28. A. 43 A. 97. B. But then it ought to be in Debt Detinue Account Covenant Ejectione firmae Trespass upon the case And also nothing shall be assigned for Error in Jurisdiction of the Court or form of the Writ Return Plaint Bill Declaration Pleadings Process Verdict or Proceedings And also a writ of Error lyes upon this in Parliament Judgement given in Chancery according to the Common-law shall be redressed in Parliament 37 Hen. 6. 13. 11 Edw. 4. 8. Choke Or in Ban. Regis 14 Eliz. Dyer 315. pl. 100. and so it seems 37 Hen. 6. 13. 8 Edw. 3. 25. 17. Assize pl. 24. Com. 393. A. 39. Assize 18. And in case of Partition one Scire facias in Chancery upon Error and good 4â— Assize 22. If Letters Patents are inrolled in Chancery there shall be a Scire facias to reverse it there 16 Edw. 3. bre 651. 2 Rich. 3. 1. A. But another subject upon this being grieved shall have this redressed in Parliament 16 Edw. 3. bre 651. 37 Hen. 6. 13. But no writ of Error lyes altogether upon a decree in Chancery because in their proceeding the Court is not a Court of Record 37 Hen. 6. 13. 27 Hen. 8. 15. Knightley Judgement given in Com. Ban. if it be Error in Process or in default of Clarks it shall be redressed in the said Court the same Term without a writ Nat. br 21. I. 15 Edw. 4. 7 8. 7 Hen. 6. 28. pl. 22. 19 Henry 6. 2. pl. 2. But for Error in Law in the same Term or other Error in another Term this shall be redressed in Ban. Regis only Nat. br 21. I. Coke 8. part 5. A. 5 Mariae bre Commission 25. It shall not be reformed at the Counsel-Table 39 Edw. 3. 14. pl. 28. Judgement given before the Barons of the Chequer chamber shall be redressed in the Chequer chamber before the Chancellour
And although he were outlawed if he be pardoned 29 Assize 47. Nat. br 22. B. Corporation shall have a writ of Error but no single person of them 21 Edw. 4. 58. Townesend He that disclayms shall not have it Nat. br 22. C. Coke 8. part 6. B. 62. A. But if one plead Non-Tenure and it be found against him yet he shall have it 6 Edw. 3. 188. pl. 17. Nat. br 22. C. A. brought a Praecipe against B. which infeoffs C. judgement given for A. yet B. shall have Error 21 Edw. 3. 53. 12. Assize 41. 20. of Assise 2. 50 Assise 3. Coke 1. part 111 Albanies case Judgement given against the Defendant in debt and after because he paid not nor rendred his body c. judgement was given upon a Scire facias against the bayl and they all joyn in a writ of Error therefore not good because one is not party to the judgement given against the other Mich. 9 Jac. Regis Wildegoose against Duport Trespass against two where one was within age and appears by Attorny and judgement Quod cap. they joyn in a writ of Error because the judgement is entire Hill 9. Jac. Ban. Regis Orme Bird. Surviving Joynt-tenant shall have error of all 19 Edw. 3. Error 1. 19 Assize pl. 8. Two outlawed upon a Capias in Redisseisin with force one shall have Error sole 8 Hen. 4. 3. Judgement against two in conspiracy one dyes the other shall have a writ of Error 24 Edw. 3. 76. pl. 99. Mich. 30 31 Eliz. ban Regis Pegot being an Infant and another levyes a fine P. sole brought error and good for this is error in deed therefore it shall be brought by him it most concerns If one makes a Retraxit yet he shall have Error Coke 8. part 62. A. Beechers case The King shall have Error 15 Ed. 3. Error 72. He in Reversion disseises Joyntenants and suffers an eroneous recovery the wife releases with warranty and dyes this warranty is a bar to the writ of Error because by his own Act he hath disabled himself to take benefit of the forfeiture Coke 3. part 61. A. Lincoln Coledge case A recovers a moyety of a Mannor against B. which infeoffs C. B. and C. make partition B. dyes his heir shall have a writ of Error and by Newton A. had issue a Son and a Daughter by one venter and another Daughter by another venter and dyes the Son enters and dyes the youngest Daughter is found Heir in a Nuper obiit they make partition the eldest Daughter shall have a writ of Error 19 Hen. 6. 25. A. Prey in Ayde shall have a writ of Error Nat. br 21. C. Coke 3. part 3. B. 4 Assise pl. 7. Patron after ayde Pryor shall have Error 12 Hen. 8. 8. Pollard Garnishee shall have a writ of Error 21 Hen. 6. 35. B. Paston 7 Hen. 6. 41. Coke 5. part 99. B. Hoes case Garnishee in London upon an Attachment according to the Custome shall have Error 22 Edw. 4. 30 31. Tenant per Receipt shall have Error Coke 3. part 3. 4 Assise 7. 20 Edw. 3. Error 2. Vouchee shall have a writ of Error 8 Hen. 4. 3. Nat. br 21. C. 4. Assise 7. 17 Edw. 3. Error 90. Nat. br 21. M. 108. A. And the Tenant shall have another writ of Error 8 Hen. 4. 3. 21. Nat. br 21. C. But if the Vouchee release before Error brought the Tenant shall not have it 17 Edw. 2. Recovery in value 32. Heir general shall have a writ of Error 20 Edw. 4. 13. Lib. intra 296. A. sect 1. And if the Ancestor be outlawed of Felony he shall have it Nat. br 21. N. But not for High Treason per 28 Eliz. cap. 2. The Heir special shall have it for the Lands to which he is heir 3 Hen. 4. 19. Nat. br 21. K. 9 Hen. 6. 47. 1 Mariae Dyer 90. pl. 5. Executor shall have error upon judgement for debt or dammages Nat. br 21 M. Although that he be Executor to the Bishop Parson or other sole Corporation Nat. br 22. A. Coke 4. part 65. A. Fulwoods case 8 Hen. 6. 25. A. Martin And this upon the Statute of 29 Eliz. cap 8. Coke 6. part fol. ult Executor shall have error upon an Outlawry of the Testator and restitution 11 Hen. 4. 65. pl. 22. 5 Edw. 4. 7. Although that the Outlawry be for felony Coke 5. part 111. A. Administrator shall have error in the same manner as Executor shall have Nat. br 21 M. 6 Edw. 6. Dyer 76. pl. 31. Successor shall have Error for a thing which toucheth the succession Nat. br 22. A. 16 Edw. 3. Error 69. 8 Hen. 6. 25. A. Martin The King collates A. to a Chapel against whom an Action is brought A. resigns the King collates B. Judgement is given pro querente B. shall have Error 15 Edw. 3. Error 7. 15 Assize 8. But for Debt or Dammages recovered against a Bishop c. or any secular sole Corporotion the Successor shall not have Error Nat. br 22. A. He in Reversion after the Estate ended shall have Error at common Law and not before Coke 3. part 4. A. 21 Hen. 6. 29. Newton 3 Hen. 4. 6. 32 Edw. 3. Error 73. 4 Hen. 8. Dyer 6. pl. 5. com 24. B. Weston And per 9 Rich. 2. cap. 3. he shall have it during the Estate for life Coke 3. part 4. 22 Edw. 4. 31. A. Vavisor 3 Hen. 4. 6. 12 Hen. 8. 9. A. Brudnell And by equity he in remainder shall have it Nat. br 108. A. 1 Mariae Dyer 90. pl. 5. But at common Law the Donor shall not have it altogether com 241. B. And yet he shall not have Error during the Estate tayl because he is not within the Statute 9 Rich. 2. cap. 3. Coke 3. part 61. A. Lincoln colledge case 10. part 44. B. Portingtons case But after the Estate tayl ended he shall have it because the Law rayses the reversion in the Donor Coke 3. part 3. B. And although Tenant in tayl suffered a Recovery and released Errors yet brings error and is barred and dyes without issue yet the Donor or he in Remainder shall have Error 3 Eliz. Dyer 188. pl. 9. Note regularly no Stranger shall have Error 22 Edw. 4. 31. per Brian Conusor aliens execution is sued erroneously the Alienee shall have Error Nat. br 22. B. 4 Hen. 8. Dyer 1. pl. 5. 17 Assize 24. 18 Edw. 3. 25. pl. 17. Crook 6 Hen. 8. 169. A. Pollard A. clayms wood in the Forest and this allowed before two Justices of the Forest B. C. which clayms Estovers brought a writ of Error in Ban. Regis 21 Edward 3. 48. pl. 70. Tenant in Praecipe enfeoffs B. Judgement given pro quer B. shall have Error for the mischief 21 Edw. 3. 53. 21.