by Afferrors otherwise not viz. the Lord. For a Corrody granted with a distress if not paid Corrody he may avow for a distress for it 27 Edw. 3.81 pl. 13. Dammage feasant For dammage feasant 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. Franceâ— case Antea If the Cattel be chased out of the Land before he distrain he cannot avow the distress Coke 9. part 22. Avowry 16 Edw. 4.10 2 Edw. 3.2 Avowry 182. for they must be taken in the ground or Land A man pleads it is his Franktenant and avows for dammage feasant and it was sound that it was his Franktenant and his wifes the Judgment shall be against him for both were seized and so the plea false Trin. 38 Eliz. Com. Ban. Walker versus Bonner The Plaintiff shews that A was seized and the Land descended to him and that he was seized in Fee and avows for dammage feasant and good Trin. 9 Jac. Newton versus Arsley for here is a good Title derived For a Moiety of the value of the Land Forfeiture upon 4 Hen. 7. forfeited For maintenance of Husbandry Lib. Intra 575. D. Sect. 1. For a Herriot custome No. Lib. 613. B. Sect. 22. Herriot But he ought to shew the certainty of the Land holden for to say that he held two Tenements is not sufficient but if he 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 555. C. Sect. 4. Relief 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 Rent No. Lib. Intra 585. A. Sect. 7 8 9. by deed 2. For a Rent-charge by prescription Lib. Intra 557. B. Sect. 1 2. C. 3. For Rent-service but if be 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 but for the other it is good because due 1. For Fealty Lib. Intra 555. C. Sect. 4. Services 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 as a Rose or a pair of Spurs and shew for what he avows he shall avow accordingly For Bracton lib. 2. fol. 35. B. in hoc casu tenens â—abeâ— electionem unum solvendo liberatur ab â—lâ—ero For Rent-service when the Cattel are chased out Lib. Intr. 557. A. Sect. 10. antea Seisin in Avowry in whom it may be alledged It may be alledged in the Ancestor of the Avowant Ancesâ—or 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. because he derives his Title â—rom him In the Father of the Feoffor Feoffor Lib. Intra 556. B. sect 8. and so the Feoffor had a good Title by presumption In the Predecessor good Predecessor 6 Edw. 3.277 Com. 96. A. under whom he claims By what hands Seisin of the Rent or Services shall be alledged By the Ancestor of the Plaintiff Ancestor 34 Edw. 3. Avowry 258. 34 Hen. 6.8 who was possâ—ssed of the Land By a Disscisor Disscisor good Coke 2. part 67. A. Tookers case Coke 6. part 57. B. Bredimans case for he was owner protempore Unless it be by Covin Coke 6. part 58. A. Bredimans case betwixt him and he that distrains for the Law protects not â—raud By the hands of an Infant Infant good 34 Edw. 3. Disclaimer 30. Coke 9. part 33. B. Bucknals caâ—e Quaere Feoffor of the Tenant In the Feoffor of the Tenant Com. 95. A. Manâ—eâ—s case for the Tenant derives under hiâ— By the hands of one Joyntenant only it is good Joynt-tenant Coke 2. part 67. A. Tookers case Prescription to have rent of a Village Resiantâ— Seisin by the Resiants 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 Tenant because he hath not an estate out of which seisin may be gained Coke 6. part 57. A. Bredimans case in respect of the feebleness of it By the hands of the Tenant for life good when the remainder is over to another Coke 6. part 58. A. Bredimans case for he hath a Freehold By the hands of the Tenant by the Courtesie not good to charge the Heir with a Herriot-service because none may have his estate 21 Hen. 7.84 pl. 8. Crooke nor derive a Title from him for his estate determines with his life A Tenant to a Lord makes a Feoffment and after notice to the Lord gives seisin to the Lord this is good because he remains Tenant to the Lord until notice be given Coke 6. part 58. A. Bredimans case for the Lord cannot take notice of the Feoffment By the hands of the Tenant and needs not say Tenant of the land 34 Hen. 6.8 for it shall be so intended By the hands of the Tenant peravail good Coke 6. part 58. A. Bredimans case or Under-tenant The Sheriff claims a 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. and that will destroy the seisin if it be so When it is not requisite to alledge Seisin In an Avowry for an amerciament it is not requisite to alledge it Avowry 11 Hen. 4.89 13 Hen. 4.9 In an Avowry for a Rent-charge 44 Edw. 3. Avowry 75. Coke 8. part 56. A. Fosters case it is necessary for if he were never seised the rent was not executed In an Avowry for rent upon a seoffment by deed Seisin is not necessary to be alledged because the deed is the Title and the commencement of it appears by it 2 Edw. 2. Avowry 185. Coke 8. part 65. A. Fosters case So for Rent or Service upon a gift in Tail or other particular estate Coke 8. part 65. A. Fosters case created by deed What Seisin shall be good Seisin of the superiour Service is seisin of all inferiours Superiour because they are incident to it Coke 4. part 8. Bevils case and included as it were in it For Example seisin of Esâ—uage is seisin of Homage Coke 4. part 8. Seisin of Homage is seisin of Fealty Coke 4. part 8. Seisin of Homage is seisin of the Superiour or inferiour Inferiour For Example seisin of Homage is seisin of Escuage the superiour 13 Edw.
was only made to try a Title an Action of Covenant lies not for such breach Trin. 11 Jac. Com. Ban. Rot. 384. Selby versus Shute for this was but a Lease in trust only for the benefit of the Lessor and not of the Lessee Lessee by deed Poll shall have a Covenant against the Lessor Lessee if he out him Nat. br 145. l. 35 Hen. 8. Dyer 57. pl. 24. Shelley for the Action ariseth upon the covenant of the Lessor which may be by deed Poll. 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 yet quaere if he had a colourable Title Although it be by Recovery by Verdict Coke 4. part 80. B. Nokes case vid. antea But if a Stranger hath Title then it lies Nat. br 145. L. 32 Hen. 6.32 pl. 27. Nedham for theâ— the Lessor could not lett But Tenant for life shall not have Covenant for such ousting Nat. br 145. M. 26 Hen. 6. Covenant so for ousting is intended of a term and not of a Freehold for such ousting is a disseisin If it be not exprest Nat. br 145. M. for that declares what ousting was meant by the parties Lessee for years shall have Covenant upon a demise and grant Coke 4. part 80. B. Nokes case 5. part A. Spencers case viz. upon the words demise and grant in the Lease for they imply a Covenant 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. for the warranty implieth a Covenant for quiet enjoying Tenant for anothers life leases for years with warranty he for whose life the Lease was dies the first Lessor enters Covenant lies 32 Hen. 6.32 pl. 27.9 Eliz. Dyer 257. pl. 13. against the Lessee for life upon his warranty because his estate was but a contingent estate and the warranty supposed t absolute But if it be without warranty it lies not 9 Eliz Dyer 257. pl. 13. for he letts no greater estate than he hath A Covenants to serve B for years and dies no Action lies 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 harmless the Lessee concerning the lands and profits for one year against Blunt Blunt enters within the year Covenant lies because it is expressed against a certain person Quaere if it had been generally Lessee covenants that he will not assign his Term over by which it may come to D the Lessee assigns it to K per Curiam Covenant lies for he hath put the power out of him Trin. 13 Jac. Com. Ban. Guines case and it may come to D whether he will or no. Of 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 so and so this is good but such plea in bar is not good Mich. 7 Jac. Ban. Regis Wyrdnam versus Fankner 2 Mariae 117. pl. 78. but he must plead Covenants performed and tender an issue Prior and Covent leases to two for years with warranty Count. per Indenture rendring Rent one dies after possession the other survives and was sole possest the Prior dies the Defendant fuit electâ—â— praefectus Prior tali die expulsus ejectus est the Survivor by the new Prior and so the Defendant did not hold Covenant made between the late Prior and the said Survivor Lib. Intr. 135. D. sect 2. this is a good Count for the Covenant lies by the Survivor against the Successor Count upon covenants to make a new Lease Com. 2. Chapmans case and good 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 yet Covenant lies 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 or else it cannot appear it is the Covenant upon which the Action is brought Count by the Lessor against the Lessee that Covenants to pay all charges and pays not the tenths granted per Parliament Lib. Intr. 136. C. sect 4. for the word Charges includes the Tenths for they are charges issuing out of the Land or payable ratione terrae The Count shall be general that he hath broken covenants between them to the dammage c. the other shall say that they are performed the Plaintiff may reply that they are not because he shall have several dammages 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. if but one breach Tenant for life leases for years rendring Rent the Lessee covenants and is expulsed by him in remainder 1. he ought to count that he was possess'd 2. he ought to shew the estate for life and the remainder certain 9 Eliz. Dyer 257. pl. 13. because it is a special ouster and not by the Lessor and for the first if he were not in possession he cannot be said to be ousted Writ in Covenant 1. Personal 2. Real Rex In Comitat. c. justicies A. quod teneat B. conventionem inter eos factam de quibusdam defectibus in Manerio ipsius B. de N. existentibus sumptibus ipsius A. competenter emendand sicut c. ne amplius c. Regist orig 167. A. This is in the County Court as it seems Rex In Banco c. praecipe A. de B. quod juste c. teneat W. conventionem inter eos factam de viginti acris terrae in K. frumento alio blado competenti seminandis de bladis terris praedict crescentibus metend ad domus ipsius W. sumptibus ejusdem A. in eadem villa cariandis nisi fecerit c. Regist orig 166. A. This in the Common Pleas. The Writ shall be brought where the Covenant was made Nat. br 146. E. 11 Rich. 2. viz. in that County where it is a real Covenant But it is no plea to abate the Writ unless the Deed bears date in another County Nat. br 146. E. than where the Covenant is brought and it may be a Covenant by parol The Writ for outing the Lessee shall be de dampuis de perditis occasione expulsionis c. 9 Eliz. Dyer 257. pl. 13. for if he be not damnified no Action lies The Writ ought to mention all the Executors which did administer 47 Edw. 3.22 pl. 20.48 Edw. 3.2 pl. 4. where an Action of Covenant is brought against Executors for all the Executors are but one Executor in
deed An Estranger shall not have a Detinue for deed unless he makes title to the Land Estranger but upon request to deliver them and a refusal he shall havâ— an Action upon the Case 33 Hen. 6.26 pl. 1â— Prisot if the Deeds do concern him If one have Deeds and some concern warrantâ— some not Feosâ—ee and enfeoff B with warranty B shaâ—â— not have a Detinue for the deeds which servâ—â— to deraigne the warranty per amount Coke 1. part 2. Buckhursts case 44 Edw. 3.11 B. because they do not wholly concern him Neither is it material for to maintain the title Coke 1. part 1. Buckhursts case But they shall have them which concern the possession only ibidem viz. of the Land and the Feoffor is to have the Deeds to maintain his warranty But if a Feoffment be made without warranty the Feoffee shall have a Detinue for all Coke 1 part 1. Buckhursts case viz. all the Deeds that do any ways concern the title that he may be able to defend it Unless it be per dedi then it is express warranty during the life of the Feoffor per statutum de Bigamis cap. 6. Coke 1. part Buckhursts case 1. for the word Deed implies so much 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 because a Stranger cannot pretend any colour And note if the thing which lies in grant as a Lordship Rent Advowson 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 quaere So in all other Cases the Feoffee shall have a Detinue for every deed which concerns the making of his estate good Nat. br 138. K. for the Law favours Titles to Land and loves the maintenance of them Note Note if A bail deeds of Land to B to re-bail them to him and his Heirs and afterwards enfeoff C in fee yet C shall not have a Detinue against B for it is a charge to A per cause of Bailment Crooke 18 Hen. 7.48 pl. 3. If one enfeoff another with warranty the Feoffor shall have the ancient deeds Feoffor which contain the warranty or which are material for the maintenance of the Title Coke 1. part 1. B. Buckhursts case If A grant a thing that lies in grant to B with warranty B shall have a Detinue for the Ancient deed because this makes his title Coke 1. part 1. B. A enfeoffs B per dedi A shall have the Ancient deed which comprehends the warranty because dedi makes an express warranty Coke 1. part 2. B. and therefore it is good reason he should have the deed to make out the warranty by 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. for the deed for the property was not absolute out of him Heir general The Heir general shall have the Ancient deeds comprehending warranty or necessary for the maintenance of the title where the Feoffor obliges him and his heirs to warranty for he is bound by his Fathers act and its reason he should have the deed to maintain it Coke part 1. B. Buckhursts case Nat. br 138. L. Feoffment per dedi the heir of the Feoffee shall not have the Ancient deeds because he is not bound to warranty Coke 1. part 2. B. Buckhursts case but the heir of the Feoffor Q. The heir of the disseisee shall have a Detinue for the deeds Nat. br 138. L. for he is in by deceit and the Law will judge his title good till it be evicted Heir special The Heir in tail shall have a Detinue against the Discontinuee for the deed of entail Nat. br 138. H. 9 Edw. 4.52 pl. 15. for it belongs to him to make out his Title by virtue of the entail And although there be a warranty to the Feoffee by his Father 9 Hen. 6.15 pl. 5. 4 Hen. 7.10 pl. 4. for the heir in tail comes in paramount the Father One Joytenant sole delivers the deed to redeliver to him Joyntenant he alone shall have a Detinue per cause of this special Bailment 13 Rich. 2. bre 648. though the deed doth belong unto both for the bailment is the cause of the Action Joyntenant survivor A enfeoffs B and C and the heirs of B and delivers all the deeds to B which dies C shall have a Detinue for the deed of Feoffment but not for the other deeds 34 Hen. 6.1 A. Coke 1. part 2. A. Nat. br 138. F. viz. which concern the Inheritance but the deed of Feoffment concerns the estate for life as well as the Inheritance If A makes a Release to B and C and this delivers to B which dies C shall not have it ibidem for the Parchment and the Wax do belong to him to whom it was delivered But if A and B Joyntenants per defeasible title and S. J. makes a Release to them the Survivor shall have it 34 Hen. 6.1 per the Report Coke 1. part 2. A. for this concerns the Land and shall survive with the estate Feoffment to two in Fee the survivor shall have all the deeds Coke 1. part 2. B. Buckhursts case because the estate survives which the deeds concern If deeds concern more Lands if the Ter-tenant of any part happen upon the deed he may detain it because he hath an interest 4 Hen. 7.10 pl. 4. 2 Eliz. Dyer 183. pl. 57. and it is reason he should have the deeds to maintain it as well as any other Recusant shall not have an Action for any thing seised into the hands of the King Recusant 3 Jac. cap. 5. By Stat. vid. 22 Hen. 6.1 A Tenant for life dies Remainder he in the Remainder shall have Detinue for the deed 9 Hen. 6.54 pl. 39. for now his title is come in possession and so the deed that created it belongs to him 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. Q. If Tenant for life die he in the Remainder of a Copyhold shall have it Coke 4. part 22. B. for Copyholds are in many things governed by the rules of the Common Law and so no difference betwixt them and other estates Land is given to A for the life of B the Remainder to C in Fee B dies 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 in respect of his Remainder But there quaere whether it lies against the Husband when the wife is dead without issue without request and possession because he
is a Stranger to the estate Tertenant shall have a Detinue for the deeds Tertenant Coke 1. part 2. A. which concern the Lands in his possession The Lord by Escheat shall have a Detinue Lord. Coke 1. part 2. A. 10 Edw. 4.14.6 Moyle for the deeds which concern the Land escheated Against whom Detinue lies 1. Of Chattels 2. Of Deeds Detinue lies against an Abbot and his Commoigue for a thing delivered to his Commoigue fore-deliver Abbot 3 Edw. 3.83 pl. 32. a thing delivered to them An Administrator sold a thing Administrator the Executor proves the Will he shall have a Detinue against the Vendee of the Administrator Com. 275. Foxes case for now the Administrators title and property is destroyed and the sale accounted void irreplevisable that is that the Cattel or Goods ought not by Law to be replevied again Avowant returns irreplevisable Avowant 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. notwithstanding the distress for the distress did but put them into the custody of the Law and altered not the property Baily of goods Goods delivered to A to keep and they are stole yet Detinue lies against him Coke 4. part 83. B. Southcots case for he ought to have kept them at his peril and he shall have his remedy against the Thief But if he take them to keep as he would keep his own and they are stole Detinue lies not Coke 4. part 83. for here he warrants not the safe keeping of them for he cannot warrant his own from stealing 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. for the delivery of them to be delivered to B vests the property of them in B and not in C. Husband and wife It lies not against husband and wife supposing they detain 38 Edw. 3.1 pl. 1. 13 Rich. 2. Breve 644. for the wife cannot detain but it is the detainer of the Husband But of bailment to the Wise dum sola fuit and that the Husband did detain 43 Edw. 3.18 pl. 1. Lib. Intra 219. D. sect 4. it lies A Carrier loseth B's goods Carrier or they are stole from him yet Detinue lies against him Coke 4. part 84. A. 2 Hen. 7.11 B. Townsend for the property was in the owner and the Law chargeth the Carrier with them It lies against an Executor Executor but he shall not be charged but for his Detainer 39 Edw. 3.5 pl. 21. in his own time and not for the Testators Detainer Crooke 118. pl. 62. A bails goods to B which dies in Detinue against the Executors the question was whether they shall be named Executors or not and it seemed they needed not for the Detainer is the point of Action Quaeretâ—men for they detain by virtue of their Executorship For Hill 12 Jac. Ban. Regis Isack Clark 13 Hen. 4.12 pl. 2. 11 Hen. 4.45 pl. 20. 2 Heâ— 5.6 pl. 29. 21 Hen. 6. pl. 1. one shall not answer without the other therefore they are charged for the Detainer only Quaere tamen for although they make but one person yet this proves not but that they detain as Executors and are so to be charged as it seems It lies against an Executor upon a rationabile parte bonorum 17 Edw. 3.9 pl. 29. brought by the Feme of the Testator An Executor shall have a Detinue for goods in the possession of the Executor of his Joynt-executor if the said Joynt-executor will pay a debt to the value 3. Eliz. Dyer 187. pl. 6. for the Executorship survives It lies against a Stranger when they come to the possession of two Estranger 4 Edw. 4.9 pl. 11. Nat. br 138. E. Q. Lessor shall have a Detinue for implements leased with the house at the end of the term Lessee against the Lessee although they are wasted 20 Hen. 6.16 pl. 2. for the property of them was not divested out of the Lessor by the lease Trover of goods Against him that finds goods if they be wasted per wilful negligence otherways if it be by casual means Doct. Stud. 129. B. or a Trover lies for that he could not prevent If a Horse be stole and sold in a market Vendee but not according to the Statute the Owner shall have a Detinue per 3 Mariae cap. 7. for the sale is void and so the property is not altered Administrator sold a thing the Executor proves the Will he shall have a Detinue against the Vendee of the Administrator Com. 275. Foxes case See the reason before that the sale is made void It lies against a Sheriff Sheriff where he returns upon a returna habenda quod averia elongata sunt per Westm 2. cap. 2. 9 Hen. 6.42 See before the reason A Wife Tenant in tail dies before issues Husband quaere if a Detinue lies against the Husband without request 33 Hen. 6.30 B. A Feme sues goods dum sola fuit and takes a Husband Detinue lies against the husband and wife Lib. Intr. 209. D. Sect. 4. 43 Edw. 3.18 pl. 1. for now the goods are come into possession of the husband by the marriage and so they are both to be sued for the cause of Action begun whilst the Feme was sole and it is continued in the husband by the intermarriage and detainer since If A. enfeoff B. with warranty Feoffor B. shall have a Detinue against A. for deeds that comprehend warranty or are material for the Title Coke 1. part 2. because the warranty is for his benefit If A. enfeoff B. without warranty B. shall have it against A. for all the deeds concerning the land the Feoffor needs not any deeds to make out the warranty And if the thing lies in grant then it lies against the Feoffor for all Coke 1. part 1. Buckhursts case for there is no warranty for him to make out as it seems And so in any case for a deed that makes his estate good Nat. br 138. K. for it is reason to let him have weapons requisite for his necessary defence Against a Lessee for life A Lease made to A. for the life of B. remainder over to C. B. dies C. shall have a Detinue against A. without request because C. had interest in it before 33 Hen. 6.30 B. and he knows that by the death of B. his estate is determined sed quaere if A. do not know B. is dead For what things Detinue lies 1. Of Chattels 2. Of Deeds Detinue ought to be of a thing certain Certain Nat. br 138. A. because the very thing detained is to be recovered A Detinue lies for money in a Bag or Box or Coffer Nat. br 138. A. for that may be certainly known And this although the Seal be broken 21 Edw. 4.30 pl. 25.
6.35 B. Paston 7 Hen. 6.41 Coke 5. part 99. B. Hoes case Garnishee For he is bound by the judgment Garnishee in London upon an Attachment according to the Custom shall have error 22 Edw. 4.30 31. For the judgment is in part against him Tenant per Receipt shall have error Coke 3. part 3.4 Assize 7. 20 Edw. 3. Error 2. Tenant For by the Receipt he is made party to the Suit and concerned in the judgment Vouchee shall have a Writ of error 8 Hen. 4. 3. Nat. br 21. C. 4. Assize 7. 17 Edw. 3. Error Vouchee 90. Nat. br 21. M. 108. A. For by the Voucher he is called in and made a party And the Tenant shall have another Writ of Error 8 Hen. 4.3 21 Nat. br 21. C. for they are severally concerned But if the Vouchee release before Error brought the Tenant shall not have it 17 Edw. 2. Recovery in value 32. for by the release he is barred viz. a release of Errors or of his right Heir general shall have a Writ of Error 20 Edw. 4.13 Lib. Intra 269. A. Sect. 1. for he is prejudiced by the Judgment And if the Ancestor be outlawed of Felony Heir general he viz. the Heir shall have it Nat. br 21. N. viz. to reverse the Outlawry and to gain his own interest But not for High Treason per 28 Eliz. cap. 2. because thereby the blood is corrupt and disabled The Heir special shall have it for the Lands to which he is heir Heir special 3 Hen. 4.19 Nat. br 21. K. 9 Hen. 6.47 1 Mariae Dyer 90. pl. 5. but he must have a special Writ as it seems Executor shall have Error upon judgment for debt or dammages Executor Nat. br 21. M. given against the Testator for the regaining of the Testators estate 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 for that makes no difference in the case 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 of the goods lost by the Outlawry 11 Hen. 465. pl. 22. 5 Edw. 4.7 Although that the Outlawry be for Felony Coke 5. part 111. A. vid. antea Administrator shall have error in the same manner as Executor shall have Administrator Nat. br 21. M. 6 Edw. 6. Dyer 76. pl. 31. for he hath the same interest in the Intestates personal estate A Successor shall have error for a thing which toucheth the Succession Successor to a thing whereof he is so Nat. br 22. A. 16 Edw. 3. Error 69. 8 Hen. 6.25 A. Martin The King collates A to a Chappel King against whom an Action is brought A resigns to the King the King collates B Judgment is given pro querente B shall have Error 15 Edw. 3. Error 7. 15 Assize 8. for now the interest concerns him But for Debt or Dammages recovered against a Bishop Bishop c. or against any Secular sole Corporation the Successor shall not have Error Nat. br 22. A. for the dammages concern the Executor and not the Successor and so he hath no right to sue He in Reversion after the particular estate ended shall have Error at Common Law Reversâ—on 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 for before he is not concerned in the Judgment Q. 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 this seems reasonable for he may be prejudiced by the delay Q. And by equity he in the remainder shall have it Nat. br 108. A. 1 Mariae Dyer 90. pl. 5. But at Common Law the Donor in tall shall not have it altogether com 241. B. Q. And yet he shall not have Error during the estate Tail because he is not within the Statute of 9 Rich. 2. cap. 3. Coke 3. part 61. A. Lincoln Colledge case 10. part 44. B. Portingtons case But after the Estate tail ended he shall have it because the Law reserves the reversion in the Donor Coke 3. part 3. B. And although Tenant in tail suffered a Common Recovery and released Errors and yet â—â—ings error and is barred and dies without issue â—et the Donor or he in Remainder shall have Erâ—or 3 Eliz. Dyer 188. pl. 9. to reverse the Recovery â—or if that be erroneous then the Estate â—ail is not barred by it Note regularly no Stranger shall have Error Estranger â—2 Edw. 4.31 per Brian viz. a Stranger to the Judgment but this holds not always Conusor aliens Execution is sued erroneously Conusor the Alience shall have error Nat. br 22. B. 4 Hen. 8. Dyer 1. pl. 5. 17 Assize 24. 18 Edw. 3.25 pl. 17. Crooke 6 Hen. 8.169 A. Pollard for his title is concerned A claims wood in a Forest Tenant and this allowed before two Justices of the Forest B C which claim Estovers brought a writ of Error in Ban. Regis 21 Edw. 3.48 pl. 70. and good to reverse this allowance which is in nature of a Judgment and binds their right to the Estovers The Tenant in a Praecipe enfeoffs B Judgment given pro quer B shall have Error for the mischief that may fall to him by the Judgment 21 Edw. 3.53 21 Assize 41. 20 Assize 2. 50 Assize 3. But quaere 50 Assize 3. if the Tenant in the Praecipe aliens to B which releases to the Feoffor for life and judgment pro querente if B shall have Error per 9 Rich. 2. cap. 3. It seems he shall for all his interest is not gone by the release Where the King is party to the judgment King there shall be Error against him but not before Petition made to the King Pasch 12 Jac. Ban. Regis Davies case 23 Edw. 3.12 pl. 14. 18 Hen. 6.17 22 Edw. 3.3 pl. 25. 24 Edw. 35. pl. 43. for it may be that upon the Petition the King will let the judgment be reversed without Suit and it is not fit to sue the King where one may have right of him for asking it without suit The Writ of Error The Writ ought to make mention of him which was summoned and severed 9 Hen. 6.38.13 because he was once party to the suit An Action of Covenant is brought against A as Assignee and judgment given against him he brought Error the Writ needs not mention him as Assignee because this Addition was not of substance 19 Eliz. Dyer 356. pl. 41. Q. for then he must be called Lessee which properly he is not but by construction of Law The Process in Error 1. Vpon Judgment in Ireland 2. Vpon a Bill sealed
Market 11 Hen. 4.47 41 Edw. 3.24 29 Edw. 3.18 9 Hen. 6.45 Nat. br 91. G. 2 Edw. 3.32 pl. 9. For it is as well a private injury to them as it is a prejudice to the Commonwealth 3. For disturbing me to hold a Fair or Market 16 Edw. 2. Action sur case 47. for it hinders my profit And the Writ was that it held three days and the Count two days and two half days and good for it is all one in substance 4. For disturbing me to take Toll in a Fair or Market 9 Hen. 6.45 21 Hen. 7.16 quaere for it seems Trespass lies 5. For selling in another place out of the Fair Regist orig 107. A B. for thereby the Fair and the profit is lessened 1. When the Tenant for life or years burns the Deed to him delivered of remainder Deeds 9 Edw. 4.53 viz. by the remainder in Ann. 2. When a Deed is lost 34 Hen. 6.4 viz. by negligence for the Law punisheth negligence whereby another is damnified 3. When the Seal is broken off 39 Hen. 6.46 Lib. Intra 7. B. Sect. 1 3. either wilfully or negligently 4. For Deeds sold with the Land and not delivered upon request Lib. Intra 5. A. Sect. 2. for the agreement is not performed which the Law creat s. 5. For forging a Statute Staple or Merchant Nat. br 96. B. 17 Edw. 3.49 Regist orig 115. A B. to recompence the party wronged though the party may also be indicted for it 6. For forging of a Release by which I lose my Ward 39 Edw. 3.13 False Return 1. For returning me summoned and thereby Judgment is given by default against me where I never was summoned but this was after the death of the Summoners 8 Hen. 6.1 6 Edw. 4.3.8 26 Assize 48. 2. For returning a Nichil where I had lands Nat. br 93. b. 31 Edw. 3. Process 55. for I am thereby disparaged 1. For setting up a new Ferry to the Nusance of my Ferry Ferry 22 Hen. 6.14 and so my damage 2. For threatning me or Passengers by which I lose the profits of my Ferry 22 Hen. 6.17 pl. 32. For disturbing my Foldage Foldage No. Lib. Intr. 14. D. Sect. 12. for by the Foldage my land is made better For disturbing one to have certain walks in the Forrest of Selwood Forrest Coke 5. part 76. the Countess of Pembrokes case for his profit is thereby hindred For erecting a Warren or Dove-house this Action lies not although it be to the Nusance of another Warren Coke 5. part 104. B. Boulstons case for they are casual and uncertain profits For executing Process in my Liberty Liberty Nat. br 95. B. Regist orig 103 104. 5 Edw. 3.150 pl. 20. for my priviledge is thereby abridged 1. For hindring my light by making a Wood pile Coke 9 part 57. B. Alreds case le Count there House and 58. No. Lib. Intra 19. B. sect 16. 7 Edw. 3.261 pl. 15. Q. if I make it upon my own ground and for my own private use 2. For infecting the Air of my Parlour with an Hogs-skin Coke ibidem for thereby my health is endangered which is more to be valued than wealth 3. With a Dyehouse Coke ibid. for they use many offensive Drugs Michaelis 9 Jac. Ban. Regis Ward versus Cheshire The Plaintiff counts that he is seized in fee of a Kitchin in parochia sancti Dunstani in London and prescribes to have Windows into the Backside of the Defendant and for his stopping up of maximam partem c. port To action and upon Not guilty pleaded it was found pro quer and moved in arrest of Judgment 1. He did not shew that the Kitchin was ancient but it was resolved that it was implyed in the Prescription but by Williams this was not material but Crook è contra by the custome of the City it may be stopped if not ancient Q. 2. For that the quantity was not shewed but resolved it need not be Coke 4. part 49. Com. 249. 3. Neither shews he the Parish in which the Backside is sed non allocatur because the stopping of the light is the material point and it was shewed where that was and the Plaintiff had judgment Nota que C. Ley a cest jour Hill 9. Jac. Ban. Regis Hughes Keme A had an ancient house in London B builds a new one which stops the light of A per Curiam 1. That a man cannot by the custome of London erect a new house where there was not one before to stop the Lights of the ancient house 2. Upon an ancient Foundation a man may erect a new house and stop the ancient Lights of his Neighbour for by the same reason that his Neighbour erected his house more high may the other at any time erect his but he cannot enlarge his in breadth or length to stop the Lights of his Neighbour vide 22 H. 6.15 Q. For removing a Plaint out of my Mannor without cause Mannor 27 Hen. 6.4 for thereby the profits of my Court are lessened For taking an estray within my Mannor or Liberty 13 Edw. 3. breve 674. 31 Edw. 3. breve 333. but ibidem it lies not before seisure of the stray for before the Lord was not intituled unto it For removing a Meerstone though one of them be Tenant in Common Meer-stone 1 Hen. 5.1 Lib. Intra 9. C. sect 1. for thereby part of the Land may be endangered to be lost and Suits may thereby arise touching the extent of the Lands 1. For disturbing my Customers to come to my Mill Mill. 11 Hen. 4.47 41 Edw. 3.24 29 Edw. 3.18 9 Hen. 6.45 for thereby my Toll is lessened 2. For erecting a new Mill Lib. Intra 9. B. Sect. 2 D. sect 1. Q. if it be not to the hindrance of an ancient Mill. 1. For disturbing to take seisure of an Office Office 6 Edw. 3.9 for till seisure he cannot receive the profits thereof 2. For disturbing the Steward to hold Court Lib. Intra 5. B. Sect. 1. Q. whether it may be brought by the Lord and the Steward also It seems it may for both may be damnified 3. For disturbing to take the profits which belong to the office 9 Rich. 2. Action sur case 5. for there is apparent dammage 4. Against an Escheator that returns contrary to that which was found by office 9 Hen. 6.60 for by the false return the party concerned may be damnified 5. If he make a return where no office was found 21 Edw. 4.23 27. for he is not a Judge but Officer 9 Hen. 6.60 viz. to return the Enquest found by the Jury and not to judge of himself how the Lands were held 6. For procuring a false Office to be found by which my Land is seised 47 Edw. 3.15 Kitcbin 175. A. for my Inheritance is thereby made worse by reason of the tenure This is now otherwise For erecting of a Dyhouse which
5. Count. 6. The Writ 7. Process 8. Barr. 9. Judgment 10. Execution In what Court Covenant lies 1. Personal 2. Real 1. IT lies in the County or Hundred Court Nat. br 145. E. 2. It lies in any Court of the Lord of a Mannor Nat. br 145. E. 3. In London Nat. br 146. A. and other Corporations 1. Marshalsey between two of the Houshold of the King Coke 10. part 74. A. otherwise not 2. In the Court of the Lord of a Mannor by special grant 44 Edw. 3.28 pl. 18. fol. 37. pl. 30. Lib. Intr. 296. A. sect 1. 50 Assize pl. 9. A Fine levied in the County Palatine of Lancaster good 37 Hen. 8. cap. 19. which is in nature of a Covenant In Banco Regis 36 Hen. 6.34 A. Forteseue but it shall be avoided by Writ of Error Q. except it be meant of a fine In Ancient demesn quaere per 6 Edw. 3.207 pl. 20. it seems it should lie But 44 Edw. 3.37 50 Assize 9. Knivet it is not good Q. But 22 Hen. 7.90 B. pl. 14. Crooke a fine may be levied in Ancient demesn per petty Writ of Right close In Eire good 1 Edw. 3.10 pl. 34. 8 Edw. 3.27 18 Edw. 3.40 pl. 33. that is before Justices in Eire or Itinerantes In Communi Banco Before the Justices of the grand Sessions in Wales 34 Hen. 8. cap. 26. Who shall have Covenant 1. Personal 2. Real If a man Covenant with another to enfeoff him or to serve him c. the other shall have covenant although he do not agree Nat. br 145. A. But then it ought to be by deed Regist orig 165. B. Nat. br 145. A G. 7 Rich. 2. deeds 160. which is an estoppel to say the other did not agree Yet in London a man shall have covenant to levy a fine without deed per custome Nat. br 146. A. 22 Edw. 4.2 pl. 6. Vavisor 21 Hen. 6.10 Covenant 11. Administrator shall have Covenant by the equity of the Stat. Administrator de 31 Edw. 3. cap. 11. Coke 9. part 40. A. Hensloes case made for Executors But not before 19 Edw. 3. Covenant 24. Assignee shall have Covenant Assignee where it is made to one and his Assigns Nat. br 145. C. Regist orig 165. B. for the Assignee is in place of the Assignor Assignee shall have Covenant without shewing the deed of covenant Assignee for he may not have it Trin. 36 Eliz. Banco Regis Noke versus Ander But there if the Lessee for years by estoppel grant over his term the Assignee shall not have Covenant because the Assignor had nothing in the land but only an estoppel against the Lessor not to out him A Prior with the assent of his Covent by deed covenants for him and his successors with B and his heirs that he and his Covent shall sing in the Chappel of B which is parcel of the Mannor of B for the Lords of the said Mannor The Assignee of B shall have covenant because it is a service annexed to the Mannor 42 Edw. 3.3 pl. 14. Coke 5. part 17. B. Spencers case 45 Edw. 3.3 28 Hen. 8. Dyer 24. pl. 149. 2 Hen. 4.6 pl. 25. and who so hath the Mannor or is interessed in the Covenant But if the service is to be made in the Chappel of another then the Assignee shall not have covenant because it is not annexed to the Mannor 2 Hen. 46. pl. 25. And so if one covenant with a Tenant by the Courtesie to sing in his house although that he surrender and take for years he shall have Covenant because it was annexed to his estate 6 Hen. 4.1 pl. 5. viz. for life Q. Assignee by word shall have covenant Coke 3. part 63. A. Lincoln Colledges case for such an assignment is good Assignee of Assignee shall have covenant Coke 5. part 71. B. and so in infinitum as it seems so long as the estate assigned continues if the Covenant go with the estate Assignee of one Coparcener shall have covenant against the other coparcener to acquit him of the suit because the covenant goes with the land Coke 5. part 18. A. Spencers case 42 Edw. 3.3 Lessor covenants to repair the house lett the Assignee shall have covenant against him because this is annexed to the estate so the husband of the wife that is a Termor and a Tenant per Statute Merchant staple and every one that comes to the land Coke 5. part 17. Spencers case to which the Covenant is annexed So in all cases where it is annexed to the estate Nat. br 146. C. 48 Edw. 3. and not to the person otherwise than in relation to the Land 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 collateral Covenants Coke 5. part 18. A. Spencers case for in respect of Reversion of the thing lett he comes in room of the Lessor in privity of estate Assignee of a Reversion for years when the Tenant for years hath a greater Term his Assignee shall have Covenant within 32 Hen. 8. although the Lessor grant over his Term Trin. 40 Eliz. Ban. Regis Rot. 123. Natures versus Westwood quaere Assignee shall have covenant upon covenant in Law Coke 4. part 80. B. 9 Eliz. Dyer 257. pl. 13. where it goes with the estate 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 Wilborne for it goes with the house Husband and Wise 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 a term if he grant it not over 47 Edw. 3.12 pl. 11. and so she hath a possibility of interest The Commonalty of D Covenants with the Major and Commonalty of L Corporation that they shall be quit of Toll c. in D and after one Burgess in D takes toll of one in L Covenant lies for one Corporation against another 48 Edw. 3.17 pl. 2. It may be brought by the Major and Commonalty of one Corporation against the Major and Commonalty of the other Corporation Executor shall have Covenant for Covenant made to his Testator for a personal thing Executor for the personal estate is his to the use of the Testators will Nat. br 145. D. and orig Regist 165. B. Note de conventione pro executoribus non invenitur breve in Registr sed pro assignatis tamen potest fieri pro executoribus tam bene quam pro assignatis nam eadem est ratio de utrisque A leases to B for life for 12 years and B dies within the 12 years the Executors of B shall have it until 12 years c. B dies A outs the Executors within 12 years they shall have Covenant 19 Edw. 3. Covenant 24. Executor of an
Law for they have a joynt trust and interest The Process in Covenant 1. Before appearance 2. After Covenant Personal 1. By the Common Law the Process before appearance was but a distress infinite 22 Hen. 6.13 Br. exigend 29. 48 Edw. 3.29 pl. 15. and no Capias 2. After appearance the parties appear and day is given over salvis partibus c. the Defendant makes default at the day a distress was awarded against him Lib. Intra 134. B. Sect. 1. and not a Capias Quia non fit breve de Attachiamento Covenant Real quia oporteat quod partes compareant personaliter in Curia Regist orig 165. A. and here was day given over salvis partibus which was no personal appearance The Bar in Covenant 1. Personal 2. Real 1. When a certain duty accrues by the Covenant at the time of the making of it Accord an Accord with satisfaction is no plea Coke 6. part 44. A. Blakes case for such an Accord cannot discharge the duty But a release may be pleaded in bar 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 for he may make satisfaction for the wrong by the agreement of the Covenantee Covenant to a Parson for the enjoying his Benefice and the Parson deserts the Cure is void if he deny it after such desertion 14 Eliz. cap. 11. Rastall Leases 244. D. 23 Eliz. Dyer 372. pl. 11. This is after the Parson is absent forty days in the year and not otherwise for that is a desertion in Law whereby he may be deprived A covenants to gather the Rents in D Disturbance and he pleads that he was interrupted by the Plaintiff and so could not do it this is a good bar Crooke 13. Hen. 7.34 pl. 2. for the Plaintiff shall not take advantage of his own wrong Lessee covenants to surrender before the term ends and a Stranger that hath right enters upon the Lessee this is a discharge because the Lessee is disabled by an act in Law Hill 41 Eliz. Com. Ban. Andrews versus Nedham 45 Edw. 3.48 Performance generally a good plea Performance 6 Hen. 4.8 pl. 34. In a Covenant upon a demise by Indenture and an eviction by a Stranger by a higher Title it is no Bar to traverse the possession of the Plaintiff without particular causes shewing how the other had title because it is by Indenture Trin. 3 Jac. Ban. Regis Stile versus Hearing which is a general estoppel without shewing of special matter to avoid it A covenants to make a good estate in Copy-hold land to B before Easter during the life of Cox it is no plea to say that it was surrendred to the Lord by his procurement to the use of C 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 and so the Lord was not disabled to perform the Covenant Release is no Bar before the Covenant is broken Release viz. generally Coke 4. part 71. Hors case 5 Eliz. Dyer 217. pl. 2. Coke 1. part 99. A. Shelley◠case If it be not by express words Coke 5. part 71. A. 35 Hen. 8. Dyer 57. pl. 24. Bramly for so the Covenant may be released Judgment in Covenant 1. Personal 2. Real Judgment against an Executor for a Covenant broken after the death of the Testator is of the Testators goods 15 Eliz. Dyer 324. pl. 34. for he is in the Testators stead and trusted with his estate If a Lessee recovers being outed by the Lessor he shall recover his term viz. the remainder unexpired Nat. br 145. M. 47 Edw. 3.24 pl. 61. 20 Edw. 3. Judgment 177. and also Dammages Nat. br 145. M. Execution in Covenant 1. Personal 2. Real 1. Per Common Law 2. Per Statute Law By the Common Law it is but a Levari facias Personal Lib. Intra 133. D. sect 2. fieri facias Lib. Intra 138. A. sect 1. extending but to goods and Chattels But no other Execution Coke 3. part 12. A. Harberts case And this only within the year for if the year be past it was an Action of debt upon the Judgment Coke 3.12 A. Unless the Process were continued 33 Hen. 6.49 pl. 33. for the continuance of it made it as if no time were passed but continued a present Judgment By the Stat. by Westm 2. cap. 45. a Scire facias was given after the year Coke 3. part 12. A. to revive the Judgment and so the party is not now forced to bring an Action of debt upon it And per Westm 2. cap. 18. Elegit is given Coke 3. part 12. A. which extends to lands as well as goods By the Stat. of 23 Hen. 8. cap. 14. Capias ad exigend fuit given in Process and by consequence a Cap. ad satisfaciond in execution against the person By the Common Law it was but a Writ de fine facto 2. Real or to pay a fine as it seems which was but a Writ of Covenant in its nature 43 Edw. 3.12 B. Belknap Glanvil lib. 8. cap. 4. vide the Writ there But entry was congeable to execute it 8 Edw. 3.277 24 Edw. 3.40 pl. 49. Coke 7. part 32. and to hold till satisfaction made as it seems If Land be tailed to one by fine Fine he shall have a Formedon in Remainder 6 Edw. 3.185 pl. 9. Herle to execute the Fine But when the King levies a find he ought to make Letters Patents to the Conusee to enter Coke 7. part 32. for the King passeth nothing but by Record A Fine levied of an Advowson this may be executed by a Quare Impedit 24 Edw. 3.69 pl. 78. But if an usurpation be no Scire facias lies 33 Edw. 3. Quare Impedit 193. Knivet against the Usurper Fine levied of Services there shall be a per que servitio 29 Edw. 3.46 pl. 9. to execute the Fine If a Fine be levied of Rent there may be 〈◊〉 Writ of Covenant 22 Edw. 4.2 pl. 6. to execute the Fine Tenant grants to do his services there shall be but a Distress 10 Edw. 3.371 pl. 3. for that is the proper remedy to recover them and there needed no Covenant Tamen quaere Fine levied of a Reversion there shall be a quid juris clamat to execute this And if the Tenant alien yet the Writ shall be against him and his Assignee shall be bound by his Attornment 8 Hen. 6.17 B. 18 Hen. 6.3 B. pl. 2. by the Judgment given against the Assignor and himself Conusor of a Fine dies there shall be no quid juris clamat against him that claims but if the Conusee only die quaere if his Heir shall have the Writ 34 Hen. 6.7 B. Moyle against the party that hath the particular estate Fine levied before memory there shall be no Execution 1 Edw. 4.6 pl. 13.
assets for it shall be intended unless the contrary be shewed 18 Eliz. Dyer 344. pl. 2. 11 Hen. 6.2 pl. 6. and if he have not he may plead riens per descent For 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 lies not against an heir upon a Statute-Merchant Staple or Recognizance because he is not bound Coke 3. part 15. A. Harberts case but the Lands are bound and may be extended Goaler suffers an escape his heir shall not be charged 15 Eliz. Dyer 322. pl. 25. for this is a personal wrong and only dammages recoverable Grandfather Father and Son or Father and his two Sons or Grandfathers two Sons who have two Sons the heir mediate shall be sued in debt as well as if they were immediate heirs 22 Dyer 368. pl. 14.7 Eliz. Dyer 239. pl. 39. that is in case the heir immediate die for the heir mediate is bound by the word Heir A Right shall not be Assets for it is a disputable thing and no certainty of it to be reduced into possession What shall be Assets to the Heir Disselsee obliges him and his heirs and dies this is not Assets for it is but a Right descended Pasch 6. Jac. Com. Ban. Molineux versus Molineux for his Ancestor died out of possession Right without an estate in Possession Reversion or Remainder is not Assets until it be reduced into possession Coke 6. part 58. Bredimans cases and then it shall release to the time of the death of the Ancestor Land in ancient demesn shall be Assets 7 Hen. 4.14 pl. 11. Q. to whom and where pleadable Copyhold Land is not Assets to the heir Coke 4. part 22. A. for it doth not descend but depends upon the Lords admittance 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. Vid. antea for he is not tied from sâ—lling the Land If Land descend to the heir although he enter not yet it is Assets 42 Edw. 3.10 pl. 12. for he might have entered and may do when he will the Grandfather makes a Fâ—offment in Fee to the use of the heir of his body and dies per 26 Hen. 8. the Father enters and obliges him and his heirs and dies quaere 182 Mariae Dyer 111. pl. 46. whether the Grandchild be bound A Reversion expectant upon an estate Tail is not Assets because it lies in the will of Tenant in tail to dock and barr it at his pleasure Coke 6. part 58. B. Bredimans case 42. A. Mildmays case Q. if it be Assets when it happens Franktenement descendible express is not Assets Coke 10. part 98. A. Seymors case for it is an incertain estate Rent-seck descendible is not Assets until seisin of it Coke 6. part B. Bredimans case for before seisin he hath no estate in it If the heir had Assets in debt brought against him and afterwards Assets come to his hands the first judgment is no barr of the Action 19 Hen. 6.37 A. Markham because there was no satisfaction made which may now be by matter ex post facto The profits taken by the heir at the time of the descent are sufficient and if this be shewed to the Court and the heir cannot deny it there shall be a general judgment against him per Dyer 18 Eliz Dyer 344. pl. 1. to pay the debt and dammages quod querens recuperet The heir confesses the action and says that he had nothing but a Reversion descended to him there the Plaintiff shall have judgment to recover upon the said Reversion and the Debt to be levied when it comes in possession and the Plaintiff shall have a special Writ of extent 23 Eliz. Dyer 373. pl. 14. mentioning the special matter If the Father recover and Error be brought against the Son and a recovery against him he shall not render dammages unless he hath Assets of Land in Fee-simple from his Father If one be robbed Hundred he shall have debt against the Hundred per 27 Eliz. cap. 13. antea Debt lies against a Lessee at will for rent during the Term Lessee Coke 5. part 10. antea Quaere if he hold over 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. for rent due during the term By limitation ended By condition in Law or in deed Common Law Nat. br 120. H. Statute Law 19 Hen. 6.42 A. waste Nat. br 120. H. re-entry Coke 3. part 23. B. Walkers case 30 Edw. 3.7.17 Edw. 3.48 fol. 73. pl. 107. It lies not against Tenant for life so long as his estate continues Life Coke 4. part 49. A. 11 Hen. 6.14 pl. 4. viz. for rent for the Land is charged But yet by the Statute 32 Hen. 8. cap. 37. the Executors of a Lessor for life shall have debt during the estate for life Coke 4. part which seems but reasonable Debt lies not against the Master upon the buying of the Servant Master unless it comes to his use or by his assent Doct. Stud. 137. A. for otherwise it might be mischievous to the Master Debt lies against an Ordinary Ordinary when a man dies intestate Nat. br 120. D. Coke 5. part 83. A. Snellings case 9. part 39. B. 11 Hen. 7.12 9 Edw. 4.33 Danby 18 Hen. 6.23 com 277.8 Eliz. Dyer 247. if the goods come into the hands of the Ordinary The Ordinary administers and then grants Administration yet debt lies against the Ordinary but it was said that such Administration ought to be alledged in the Diocess of the Ordinary 12 Rich. 2. Administrator 21. else it might be prejudicial to the Creditors But note no Debt lies against the Ordinary after that he hath committed Administration to another 8 Eliz. Dyer 247. pl. 73. viz. where he never administers Debt was brought against the Father for the Sons Commons in a Colledge in Oxon although the Father had delivered it to the Tutor of the Son Pasch 9. Jac. Ban. Regis St. Johns in Oxford against Brickâ—nden for the Father and not the Tutor is hable yet quaere for this is not usually practised Debt lies against him that becomes pledge without deed Pledge Nat. br 122. K. 18 Edw. 3.13 pl. 7. Finchden if the principle pay it not A borrowed of B 20 l. to pay it at Michaelmas at which day D prays B to take him for his Debtor and he gives him day over and D obliges him to pay it by one Tally ensealed Debt lies not against D because A was not by this discharged 44 Edw. 3.21 pl. 23. and so he may recover one Debt twice if D should be chargeable A
Purveyor contracts for fat wares for the King Purveyor and makes a Bill of receipt to the use of the King and for this obliges himself to pay it but seals it not he shall be charged by Assumpsit and the King by Debt and by no other way 8 Eliz. Dyer 230. pl. 56. in an Action upon the Case upon his promise only for it is the Kings Debt and not the Purveyors Debt lies against a Receiver Receiver which takes more than he ought per 7 Edw. 6. cap. 6. Lib. Intr. 191. B. sect 1. com 201. Stradlings case for that shall be accounted money borrowed only An Abbot shall be charged with the borrowing of his predecessor Successor if it come to the use of his house Nat. br 121. K. Lib. Intr. 152. A. sect 1. but not otherways The Count shall be general Coke 7. part 10. B. Vghtreds case and he needs not shew it for it shall be so intended Praecipe societati Lombardiorum London mercatorum de Florentia Society and this was good 19 Hen. 6.80 pl. 11. for they are in nature of body Politick Sheriff Under-Sheriff Debt upon an escape of one in execution upon an account it lies per Westm 2. cap. 11. and as 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. antea for the penalty given by the Statute A Sheriff takes an obligation for Appearance of the Defendant which doth not appear yet debt lies not against the Sheriff by the Plaintiff Trin. 13 Jac. Com. Ban. if he return a Cepi but an Action on the Case lies and the Sheriff may bring his Action upon the Bond. Outlawed person It lies against a person Outlawed Mich 38 39 of Eliz. Com. Ban. Banister versus Trussel No. Lib. Intr. 248. A. 7 Hen. 6.10 for another debt or in another Action Q. For what things Debt lies It lies for money lent to another Lent Nat. br 119. G. this most properly For a Horse lent till such a day and then to give 10 l. for him or the Horse after the day debt lies for the one or the other Nat. br 121. B. at the election of the Plaintiff but before the day or at it it was in the Defendants election A borrowed money for the Servant Debt lies not against the Master unless it came to his use or was borrowed by his assent Doct. Stud. 137. A. antea Upon a delivery to redeliver debt lies Bailment if it be not redelivered 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 Upon a delivery to redeliver over to another if it be not performed debt lies 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. Britons case for no property was altered But 6 Hen. 4.8 pl. 33. if A. ought to pay an Annuity in see to B. and deliver money to C. to pay it to B. yet B. shall not have debt against C. for there is no trust or privity between them Lease for life of another debt lies not for the Rent during the term Contract Coke 4. part 49. A. Ognels case vid antea it lies by cestuy que vie 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. antea But after the estate ended debt lies Coke 4. part 49. A. for then there is no other remedy So it is by the death of the Lessee Coke 4. part 49. A. antea Or by Limitation of the term Or by condition Antea in deed 39 Edw. 3.22 pl. 11. Nat. br 120. H. Coke 23. B. 6 Hen. 7.3.30 Edw. 3.7 in Law Statute Law 19 Hen. 42. A. waste Common Law Lease for years by a Bayliff the Master shall have debt for the Rent Lib. intra 174. D. sect 3. for it is accounted the Lease of the Master for no interest passeth from the Bayliff being but an instrument only A Corporation made a Lease for years rendring to P. 10 l. at Mich. or 20 days after after verdict it was moved in arrest of judgment that they shewed not the deed sed non allocatur because it was after verdict and so the Lease was sound 2 good although they had brought debt for the rent due for 6 years ended at Mich. to P. and not 20 days after for the rent was due at Mich. Mich 9 Jac. Ban. Regis Baldry defendant in debt by the Corporation of Brewers Bargainec of a reversion in debt for rent ought to shew in what court the Deed was enrolled Mich. 9 Jac. Ban. Regis Welby Putley by which the reversion was granted for the enrolment is traversable and must be punctually set forth and the enrolment may be in divers places for that the debt cannot take notice where Debt lies for the agistments for Cattel for so long time as they went in such Lands Agistment Lib. intra 150. A. sect 1. count Lib. intra 151. A. sect 1. but then he must shew the certainty of the time and sum A. promises 20 l. to B. to marry his Daughter Marriage-money 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. for the consideration creates a duty if performed But if he promise 20 l. in marriage with his Daughter he shall not have debt but shall sue in court christian Nat. br 50. S. 16. Hen. 3. pro 22. vide Regist 46. B. Q. differentiam It seems because no Money is promised him But if it be by deed then it is otherwise see 45 Edw. 3.24 for the Deed is triable at the Law though the Marriage be not but in the Spiritual Court Bracton Lib. 5. cap. 16. Sic de rebus datis ul promissis ob causam matrimonii principaliter Regula se de rebus quae accidunt matrimonio ut si pecunia promissa fuerit ob causam matrimonii quia ejusdem juris id est jurisdictionis esse debet accessorum cujus est principale The Marriage is the principal and the Portion the accessory Upon Partition betwixt two Partition one promiseth the other 20 l. for equality of partition debt lies for it Nat. br 122. H. 14 Edw. 3. Debt 137. if it be not paid for the promise upon the partition made it a Duty Rent upon a personal thing If a personal thing be leased rendring rent debt lies for it Coke 3. part 22. A. Walkers case as a Horse Sheep or the like the loan implies a duty upon the contract An Attorney shall have debt for his fees Salary and for fees of counsel and costs of suit Nat. br 121. L. Count Lib. intra 202.
Title of so high a nature which shall not be intercepted by an ordinary act of the party Grantor by Fine usurps this shall not trouble the Grantee 31 Edw. 1. Quare Impedit 187. for a Fine is of a high nature and barrs the Conusor of all right Tenant in tail for life or years grants their Estate in an Advowson the Church voids the Grantee shall present because it is a Chattel vested 9 Edw 3.366 pl. 4. in the Grantee during the estate tail and for life If the Daughter suffers a Usurpation Daughter the So◠afterwards born shall not have a Quare Impedit 11 Edw. 3. Quare Impedit 138. for he was not 〈◊〉 rerum natura at the time of the usurpation and 〈◊〉 had no right A Founder of a Church shall have a Quare Impedit of common right Founder for he is presumed Patron and because he enters upon the dissolution 12 Edw. 4.30 A. Catesby Q. One of them Joynt-tenants viz. Joyntenants shall not have a Quare Impedit against the other Nat. br 34. V. 14 Eliz. Dyer 304. pl. 54. 33 Hen. 6.11 B. in respect of their undivided and undistinguishable interest Nor against a Stranger but they must joyn or else the Disturber might be twice sued for one disturbance But where one pleads Joyntenancy of part of the Advowson the Plaintiff ought to entitle himself to the whole Advowson or shew that he is Incumbent of all 31 Hen. 6.51 B. Joyntenancy of part is no Plea 14 Hen. 6.14 14 Hen. 4. Joyntenants 32. for it cannot be for Joyntenants are seised per my per tout Joyntenant presents sole this shall not put his Companion out of possession 27 Hen. 8.13 for it shall be intended he intended it not but to present so as the Law requires But 11 Hen. 4.44 Hanford e contra Ergo quaere If they make composition and present accordingly yet afterwards if one be disturbed he shall not have an Action without his Companion 20 Edw. 3.72 for that composition concerns not Strangers but is only a private act betwixt themselves Nominator to a Living Nominator to a Living shall have a Quare Impedit against him that presents Nat. br 33. A. because by the Nomination he had the fruit of the Advowson 14 Hen. 4.11 pl. 9. 14 Edw. 4.2 pl. 2. 32 Hen. 8. Dyer 48. pl. 16. 22 Edw. 3.77 pl. 103. 24 Edw. 3.69 pl. 78. And the Writ shall be general Nat. br 33. A. 24 Edw. 3.69 pl. 78. as in case of Patronage For if it be Nominare this shall abate the Writ 14 Hen. 4.11 21 Hen. 6.17 A. for the Law takes no notice of such a term but the Count shall be special Nat. br 33. A. and set forth the whole matter how he is enabled For in 14 Hen. 4.11 per Hill Nominator is in a manner the very Patron and so taken notice of in Law as such 24 Edw. 3.69 A grants to B that he shall have the next Nomination to the Church of D when it is void and that he shall present his Clerk to the Bishop if the Grantee be disturbed he shall have a Quare Impedit for he is the Patron hac vice by the words of the Grant Crooke 2 Hen. 8.161 pl. 1. per Read The eldest Parcener shall have the first presentment Parceners Nat. br 33. L. 38 Hen. 6.9 pl. 19. Doct. Stud. 115. B. Nat. br 34. V. Crooke 12 Hen. 7.1 A. and so in order by turns if there be more than two So the Husband of the eldest being Tenant by Courtesie Nat. br 33. L. 5 Hen. 5.10 pl. 24. for he is in upon his wifes right and title originally So he that hath the estate of the eldest for his interest passeth with the estate Nat. br 34. V. but Crooke 18 Hen. 7.49 pl. 5. by Frowicke if he grant this when the Church is void before any presentment by him the Grantee shall not have the first presentment because he is a stranger in blood and the Feoffee cannot claim that priviledge in Law Where a Parcener grants his Estate to B the Church being void yet the Parceners ought to joyn in a Quare Impedit 11 Hen. 5.54 in respect of their joynt right and title at the time of the Grant The pleading of a Partition between Parceners No. Lib. Intra 468. B C. If they make partition to present by turn and the youngest dies his Heir in ward to the King he viz. the King shall present during the Nonage 21 Edw. 3.32 pl. 14. 22 Edw. 4. for his wardship shall not make him lose his right to present Parceners agree to present by turn this is a good partition as to the possession 20 Edw. 3. Quore Imp. 63 65. viz. of the Advowson But Nat. br 33 L. è contra because the Inheritance is not Quaere ergo Doct. Stud. 11. the King shall have the first presentment the eldest the second Quaere in what case But 38 Hen. 6.9 pl. 19. the Issue of the eldest Coparcener was in ward to the King there three others by their pleading shew a partition of the Mannor in Carvel except the Advowson and sue to the King to present after the fourth sues for the Advowson the Issue of the eldest shall present because the presentment of the King was in right of them all and not in right of the turn of the Issue Upon composition to present by turn if it be inrolled in a Court of Record they shall have a Scire facias one against the other when their turn comes to present Nat. br 34. H. 21 Edw. 4.6 pl. 36. B. So against a Stranger that usurps in their turns if the partition be of Record only the Law takes no notice of it Nat. br 36. C. but they may joyn in a Quare Impedit against a Stranger for the Law takes notice of their joynt title and also present in common but by this the composition is waved Nat. br 36. D. for it shews they rely not upon the composition but hold there to that way of presentation that the Law gives them The surprize of one Parcener shall not put the other out of possession when his turn comes again for he gains no title by it Nat. br 34. J. 6 Edw. 3.210 pl. 13. 7 Edw. 3.239 pl. 27.17 Edw. 3.38 pl. 10. 30 Edw. 3.15 pl. 15. Although that it be made by the King in right of one Parcener being in ward to the King 22 Edw. 4.8 for the same reason My Procurator presents as to his own Advowson Procurator as Procurator to me by this I shall have again the possession and out him Nat. br 35. O. 17 Edw. 3.60 pl 60. for by presenting as my Procurator he acknowledgeth my right Recoverer in right of an Advowson suffers an usurpation Recoveter he shall not have a Quaere Impedit 45 Edw. 3. Quare Imped 139. because he was not in actual possession of it by the Recovery and so hath
contra Collow Q. If a man distrain for Services and the Tenant 〈◊〉 in Repleg brought by the Executors he shall â—â—fie but not avow 17 Edw. 3. Executors 106. the can make no title against them but he may â—â—ifie the taking Because he cannot have a return for the same thing against the Executors 22 Edw. 4.36 B. Collow If a man distrain for Services he may justifie or avow at his Election 15 Edw. 4.29 In every case where he may avow he may justifie for he hath done no wrong sed non è contra 5 Edw. 4.6 Young for he may have done no wrong in taking and yet may not be able to maintain an Avowry A man may justifie for Rent determined but not avow viz. for Rent arrear before it was determined Mich. 33 34 Eliz. Com. Ban. Goddards case because he cannot make a Title Tenant at sufferance may justifie a distress for dammage fâ—asant 4 Hen. 7.3 pl. 6. for he hath a Title against a Stranger One makes Conusance of the distress for dammage feasaâ—t in the Frank-tenant of his Master 10 11 Eliz. Dyer 280. pl. 15.21 Eliz. Dyer 365. pl. 32. and good in the behalf of his Master Conusance as Baily of A and that he took them dammage feasant in the Land that his Master had for years 2 3 Mariae Dyer 117. pl. 76. and good Conusance as Baily to the Parson of D which claims a Rent by prescription and a distress for it and good Lib. Intra 557. Charge 1. He cannot avow for Rent determined but may justifie Mich. 33 34 Eliz. Com. Ban. Goddards case antea because his Title to the Rent is gone 1. Avowries for Rent-services are twosold Quotuplex â— peâ— Common Law and 2. by Statute Law â—â—â—e 9. part 134. B. Ascoughs case 2. One may avow upon one as upon his veray â—â—mant by the manner scil when the Tenant â—â—sed it for life or made a gift in Tail the reâ—ainder over in Fee 20 Hen. 6.9 B. for he is 〈◊〉 bound to take notice of such a lease or gift But then the Lord ought to shew this special â—â—tter in his Avowry 15 Edw. 4.12 A. Catesby â—â—e 4 Hen. 6.14 pl. 11. Quaere 3. Upon one as his Tenant by the manner when â—e Lord hath but an estate in Tail or a lesser â—â—te in the Lordship or when the Tenant hath â—â—â—sser estate than Fee-simple for neither of these â—â—ders him from being Tenant 21 Hen. 6.22 〈◊〉 2. 2 Hen 4.24 pl. 13. Hankâ—ford 4. Upon the matter in the Land generally as â—ing within his see and Signory 38 Hen. 6.23 〈◊〉 7. 5. Upon the Land by any Lord generally per 〈◊〉 Hen. 8. cap. 19. as in Land within his Fee and â—â—gnory without making Avowry upon any person certain Coke 9. part 136. Ascoughs case 〈◊〉 the Avowry is in respect of the Lands held â—ed not of the person Who shall avow An Administrator shall avow for Rent due in the life of the Intestate Administrator per 32. Hen. 8. for he comes in the place of the Intestate in respect of interest Husband and Wife Husband and Wife in right of the wise for Rent-services due for Land held of the wife Lib. Intra 555. D. Sect. 6. for the Husband hath the present interest and by his death the wifes interest returns Or for Rent due to the wife afore Coverture 4 Hen. 6.13 for by the Coverture the Rent belongs to the husband But one cannot make Conusance as Baily to the husband and wise because a Feme covert cannot make a Baily 13 Hen. 4. Avowry 198. Q. how the Baily of Lands held by the husband in right of the wife shall avow It seems as Baily to the husband only He to whose use He to whose use before 27 Hen. 8. cannot avow for dammage 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. antea But may justifie in the names of the Feoffees Crooke 17 Hen. 4. pl. 7. by their leave as it seems A Commoner may avow for dammage feasâ—nt Commoner 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. antea in respect of his interest Although he be Copyholder or Tenant for years Coke 9. part 112. B. for he hath interest in the Common in respect of such estate And needs not shew per quod amisit communiam for it shall be intended so No. Lib. Intr. 573. D. Sect. 4. but vide Coke 9. part 113. A. who ought to shew it for in some cases it must be so specially pleaded For Rent reserved by the Testator upon a Lease for years in the avowry by the Executor he shall not be put to shew the Testament 12 Rich. 2.163 for the other may traverse that he is not Executor if it be so An Executor may avow for Rent due in vita Testatoris Executor by the Statute of 32 Hen. 8. cap. 37. If a Rent be granted to husband and wife Woman Arrearages incurr the husband dies the wife shall distrain for the Arrearages 29 Edw. 3.40 pl. 19. for the Rent is now due to her by Survivorship Gardein in Soccage Gardein in Soccage may avow for dammage feasant in his own name for he hath the Governance of the Land Crooke 17 Hen. 7.46 B. Frowick and so the wrong is as it were done to him and he is to account for the profits of the Land A Parson may avow for a Rent-charge by prescription Parson Lib. Intra 557. B. sect 1. Antea The King having the profits of Land by Outlawry in a personal action may avow for the Rent King 15 Hen. 7.2 pl. 4. for it belongs to him in right of the outlawed person Tenant at will Tenant at will for dammage feasant Lib. Intra 561. B. Sect. 1. 15 Hen. 7.2 pl. 4. may avow for the dammage done to him Tenant at sufferance Tenant at sufferance cannot avow for dammage feasant for he can make no Title Crooke 17 Hen. 7.47 A. But vide 4 Hen. 7.3 pl. 6. in Trespass he justifies for dammage feasant and good for he ought to have the profits till he that hath right enter upon him and the distress is to recover amends for the profits taken from him For what things a man may avow For an Amerciament in a Leet 1. Amerciament No. Lib. Intra 572. A. sect 2. Crooke 20 Hen. 7.66 pl. 8. In the Tourn of the Sheriff 2. 28 Edw. 3.95 In a Court Baron it was by custome alledged 3. 15 Eliz. Dyer 322. pl. 23. Crooke 20 Hen. 7.66 pl. 8. for Amerclament for the Tenants not coming to the Court he may distrain if it be assâ—ssed
3.72 pl. 1. Testamentum abstulit asportavit Will. Regist orig 107. B. Tunicam sc a Coat Armor Coat 9 Edw. 4.14 pl. 8. Five Tuns of Wine Wine the Writ was bona catalla and good Wine taken and carried away 39 Edw. 3.18 pl. 17. Lib. intra 684. A. sect 1. The Count Lib. intra 684. A. sect 1. Vestimenta 11 Hen. 4.31 pl. 57. Q. whether he must not shew what Cloaths Trespass Quare spinas suas crescent Thorns cepit asportavit ad valen c. Good without shewing the number of Loads for this is special and the value reduces it to a certainty Mich. 15. Jac. Ban. Regis Jones Wilson But if it be quasdam garbas tritici it is not good for the uncertainty what is meant by Garbes Shocks of Wheat Trin. 7 Jac. Ban. Regis For it seems a Garb may be more or less ERROR Error is either by 1. Common Law 1. Judgment in Court of Record 1. Out of the Realm 1. Ireland 2. Wales 2. In the Realm 1. Superior 1. Parliament 1. Parliament the Sheriff in Redisseism per Merton cap. 3. 1. Assizes 2. Oyer Terminer 3. Conusance of Pleas. 1. Village 2. Single person 4. Forest 5. Stannaries 2. Ban. Regis 3. Com. Ban. 4. Chancery 5. Exchequer 2. Inferior prescription 1. In him and his Successors 2. In him and his Heirs 3. In him and whose Estate he hath 2. Agard Execution 3. Other Record Fine Grant of the King 4. Custom 1. London 2. Cinque ports 3. In any Village 5. Common Right 1. Pypowders in Fair or Market 2. Marshalsey Coke 10 part 69. B. 3. Tourne 4. Leet 2. Statute Law Westm 1 2 cap. 30. upon a Bill of exception 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 Judgment against Tenant for life c. and by equity he in Remainder 34 Hen. 8. cap. 16. Error upon Judgment 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 Council in Wales 23 Eliz. cap. 3. False Latine rasing interlining mis-entring of a Warrant of Attorney or Proclamation Mis-return or not Return of the Sheriff or fault of form 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. 3. cap. 12. Error redressed in the Exchequer-Chamber before the Chancellor and the Treasurer calling to them the Barons of the Exchequer and Justices 31 Eliz. cap. 1. The not coming of the Chancellor shall not make a Discontinuance of the Error in the Exchequer-Chamber And for Error therein sued upon a Judgment in Ban. Regis three of the Justices or Barons may adjourn it and it shall be no discontinuance Error In what Court Error shall be redressed Upon Judgment in Court out of the Realm Ireland JUdgment given in Ban. Regis in Ireland Error lies in Ban. Regis in England 15 Edw. 3. Error 72 37 Assize pl. 7. 5 Edw. 2. Error 89. 36 Assize 5. Nat. br 22. E. Coke 7. part 18. Calvins A. case But not upon a Judgment given in another Court in Ireland 5 Edw. 2. Error 89. Nat. br 22 E. but they shall be as it seems reversed in the Kings Bench there if they be erroneous and not trouble the Kings Bench here Erroneous Judgment in Wales shall not be redressed in Ban. Regis in England Wales Dodderidge De Principalitate Walliae fol. 18. because Wales was not parcel of the Crown of England 27 Hen. 7.33 pl. 32. but a Principality of it self belonging to the Crown But Crooke 11 Hen. 8.202 pl. 19. è contra for there it is said it is parcel of England Q. But in Parliament this ought to be reversed 19. Hen. 6.12 Ascue And also before Justices itincrant there 19 Hen. 6.12 Newton viz. in Wales But at this day Judgment given at the Grand Sessions in Wales in a plea real or mixt 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 Council in Wales by Bill exhibited before him But Judgments given in the Assizes in Wales cannot be redressed in Com. Ban. here 8 Eliz. Dyer 250.87 Isle of Man Erroneous Judgment 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. Upon a Judgment given in ban regis Error lies in the same Court per Common Law 2. Within the Realm in Court superior as Parliament Ban. Regis if it be upon Error in Process or default of Clerks 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 For they shall not reverse their own Judgments But Error in process or default of Clerks ought to be reversed in the same Term or otherwise it lies not in the same Court as it seems by the Justices Trin. 7. Jac. ban regis Prowse Skeynner Q. But one case was Mich. 41 42 Eliz. Rot. 639. which is a rule that Error lies in another Term upon Error in Process when the party cannot have Error in the Exchequer Chamber But by the Stat. of 27 Eliz. cap. 8. if Judgment be given in ban regis upon a Suit commenced there the Writ of Error lies in the Exchequer-Chamber before the Iustices of the Common Ban. and Barons of the Exchequer or six of them Coke 3. 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 no other Actions for the Stat. shall not be largely expounded And also nothing shall be assigned for Error in the jurisdiction of the Court or form of the Writ Return Plaint Bill Declaration Pleadings Process Verdict or Proceedings but only in matter in Law And also a