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.
prayes B. to take him for Debter and gives him day over and obliges him to pay it by one Tallie ensealed Debt lyes not against D. because A. was not by this discharged 44 Edw. 3. 21. pl. 23. Purveyor contracts for fat wares for the king makes a bill of receipt to the use of the King and for this obliges him to pay but seales it not he shall be charged by Assumpsit and the King by debt and by no other way 8 Eliz. Dyer 230. pl. 56. Debt lyes against a Receivor which takes more then he ought per 7 Edw. 6. cap. 6. Lib. intra 191. B. sect 1. com 201. Stradlings case Abbot shall be charged with the borrowing of his predecessor if it come to the use of his house Nat. br 121. K. Lib. intra 152. A. sect 1. The count shall be generall Coke 7. part 10. B. Vghtreds case Praecipe societati Lombardiorum London mercatorum de Florentia and this was good 19 Hen. 6. 80. pl. 11. Debt upon an escape of one in execution upon an account it lyes per Westm 2. cap. 11. and of the debtor per 1 Rich. 2. cap. 12. For not returning a Knight of the parliament per 23 Hen. 6. cap. 15. the count com 118. Buckleys case Lib. intra 186. A. sect 1. Shrieve takes an obligation for an Appearance of the defendant which not appears yet debt lyes not against the shrieve by the plaintiff Trin. 13. Jac. com Ban. It lyes against a person Outlawed Mich. 38. et 39. of Eliz. com Ban. Banister versus Trussell No. Lib. intra 248. A. 7 Hen. 6. 10. For what things Debt lyes It lyes for money lent to another Nat. br 119. G. Of a horse lent till such a day and then to give 10l. or the horse after the day debt lyes for the one or the other Nat. br 121. B. A. borrowed money for the servant debt lyes not against the Master unlesse it came to his use by his assent Doct. et Stud. 137. A. To deliver to redeliver debt lyes 28 Hen. 8. Dyer 22. pl. 135. 11 Hen. 6. 39. pl. 31. 4 Edw. 3. 9. pl. 7. although the receipt be not by deed To deliver to redeliver over to another if it be not performed debt lyes 28 Hen. 8. Dyer 22. pl. 135. 11 Hen. 6. 39. pl. 31. 42 Edw. 3. 9. pl. 7. Mich. 40. 41. Eliz. com Ban. Brittons case But 6 Hen. 4. 8. pl. 33. if A. ought to pay an Annuity in fee. to B. and deliver money to C. to pay to B. yet B. shall not have debt against C. Lease for life of another debt lyes not for the Rent during the terme Coke 4. part 49. A. Ognels case But by the 32 Hen. 8. cap. 37. the executors or administrators shall have debt during the estate for life Coke 4. part 49. A. But after the estate ended debt lyes Coke 4. part 49. A. So it is by the death of the Lessee Coke 4. part 49. A. Or by Limitation Or by condition in deed 39 Ewd. 3. 22. pl. 11. Nat. br 120. H. Coke 23. B. 6 Hen. 7. 3. 30 Edw. 3. 7. Â Â in Law Statute Law 19 Hen. Â Â Common 42. A. Â Â Law wast Lease for years by a bayly the master shall have debt for the Rent Lib. intra 174. D. sect 3. Corporation made a lease for years rendring to P or 20. dayes after verdict it was moved that they shewed not the deed sed non allocatur because it was after verdict 2 good although they had brought debt for the rent for 6. years ended to P. and not 20 dayes after Mich. 9. Jac. Ban. Regis Baldry defendant in debt by the Corporation of Brewers Bargainee of a reversion in debt for rent ought to shew in what court the deed was inrolled Mich. 9. Jac. Ban. Regis Welby et Purley Debt lyes for the agistments for Cattle for so long time as they went Lib. intra 150. A. sect 1. count Lib. intra 151. A. sect 1. A. promises 20 1. to B. to marry his daughter B. shall have debt Nat. 120. K. count Lib. intra 178. A. sect 1. 37 Hen. 6. 8. pl. 18. 16 Hen. 3. prohibition 22. But if he promise 20l. in marriage with his daughter he shall not have debt but sue in court christian Nat. br 50. S. 16 Hen. 3. pro. 22. vide Regist 46. B. But if it be by deed then see 45 Edw. 3. 24. Bracton Lib. 5. cap. 16. Sic de rebus datis vel promissis ob causam matrimonii principaliter et sic de rebus quae accidunt matrimonio ut si pecunia promissa fuerit ob causam matrimonii quia ejusdem juris id est et jurisdictonis esse debet accessorium cujus est principale Partion one promiseth the other 20 l. for equality of partition debt lyes for it Nat. br 122. H. 14 Edw. 3. Debt 137. If a persoual thing be leased rendring rent debt lyes for it Coke 3. part 22. A. Walkers case Attorney shall have debt for his fees and for fees of counsell and costes of suite Nat. br 121. L. Count Lib. intra 202. B. sect 6. A counsellor shall have debt for his fees 3 Hen. 6 33. pl. 26. 21 Hen. 6. 4. pl. 6. but then he ought to count that he was of his counsell or was ready 37 Hen. 8. B. But 31 of Hen. 6. 9. B. Fortescue serjeant at Law shall not have debt for his fees Shall have debt for his salary Coke 9. part 87. 3 Hen. 6. 42. 11 Hen. 6. 48. although it be to doe his service beyond the sea Nat. br 120. E. The Count Lib. intra 201. D. sect 1. Steward retayned by word shall have debt 8 Eliz. Dyer 248. pl. 79. Coke 4. part 30. A. Count for a chapleine Lib. intra 153. B. sect 11. Count for a Priest Lib. intra 202. B. sect 5. Count for one retayned c. Lib. intra 203. B. sect 12. I. promise to a Surgeon 40 s. to cure B. he shall have debt because it is a good contract 37 Hen. 6. 9. A. Moyle Debt lyes against him that Tables with me 27 Edw. 3. 87. pl 37. 9 Edw. 4. 1. The count lib. intra 153. B. sect 10. et 177. D. sect 1. Goaler shall have debt for tabling of a Prisoner Coke 9. part 87. B. 28 Hen. 6. 4. pl. 21. Inkeeper shall have debt for Lodging or victuall 39 Hen. 6. 18. pl. 24. Physitian shall have debt for tabling and physick Lib. intra 187. B. sect 1. vide the count there If I. put my Cloath to a Taylor to make a garment he shall have a special action for the puting of the cloath is a sufficient contract in Law Coke 8. part 147. Carpenters case But not a generall action of debt without a contract in deed ibidem If I buy a Mannor Debt
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
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.
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
Dyer 271. pl. 26. 15 Eliz. Dyer 322. pl. 15. 41. Assiz 15. Coke 9. part 87. A. It lyes not against an executor upon a taylee ensealed by the Testator 12 Hen. 4. 23. 25 Edw. 3. 40. pl. 9. It lyes not upon a simple contract but if he plead in barr and it be found against him it shall com 182. A. 10 Hen. 6. 24. So in London by Custome 1 Edw. 4. 6. Lessee for years grants his Terme his executor shall not be charged for Rent due after his death Coke 3. part 24. A. Walkers case Debt for one retained according to the statute it lyes against the executor without specialty 2 Hen. 4. 14. 4 Hen. 6. 19. Goaler refusing one committed by the Colledge of Physitions forfeits double the Fine per Marleb 1. cap. 9. If a man Levy Ayd for the marring of his daughter and dyes if his executors have not sufficient Debt lyes against the heire Nat. br 83. A. per Westm 1. cap. 35. Nat. br 122. G. Debt lyes against an heire upon the obligation of his father if he hath assets and be bound Nat. br 120. C. et I. But if he alien the Assetts before the Action brought he shall not be charged Coke 5. part 60. A. Regist orig 140. A. 27 Edw. 3. 7. B. 10 Hen. 4. pl. 14. 19 Hen. 6. 46. pl. 95. 42 Edw. 3. 10. pl. 12. 48 Edw. 3. 32. pl. 22. Unlesse it be fraudulent to deceive creditors Coke 5. part 60. Gooches case And if they be heires in Gavill kind they shall all be charged 7 Eliz. 239. pl. 39. Dyer the count Lib. intra 208. D. 11 Edw. 3. debt 7. But if all alien but the eldest he shall be charged sole The count against an heire Lib. intra 172. B. sect 1. No. Lib. 126. B. The count needs not shew that he hath assets for it shall be intended unlesse the contrary be shewed 18 Eliz. Dyer 344. pl. 2. 11 Hen. 6. 2. pl. 6. But nothing by descent in fee-simple is a good bar by him Lib. intra 172. B. sect 1. the day of the purchase of the writ But debt lyes not against an heire upon a statute Marchant Staple or Recognizance because he is not bound Coke 3. part 15. A. Harberts case Goaler suffers an escape his heir shall not be charged 15 Eliz. Dyer 322. pl 25. Grandfather father and sonne or father and his two sonnes or Grandfathers two sonnes who have two sonnes the heire mediate shall be sued in debt as well as if they were immediate heirs 22 Eliz Dyer 368. pl. 14. 7 Eliz. Dyer 239. pl. 39. Right shall not be assetts Disseisee obliges him and his heirs and dyes this is not Assets for it is but a Right discened Pasch 6. Jac. com Ban. Molineux versus Molineux Right without an estate in possession Reversion or remainder is not Assets untill it be reduced into possession Coke 6. part 58. Bredimans cases Land in antient demeasue shall be assets 7 Hen. 4. 14. pl. 11. Coppyhold Land is not assets to the heire Coke 4. part 22. A. If an heir alien bona fide before the Action brought it shall not be assets Coke 5. part 60. A. Gooches case 27 Edw. 3. 78. pl. 16. 10 Hen. 7. 8. pl. 17. 19 Hen. 6. 46. pl. 95. 42 Edw. 3. 10. pl. 12. 48 Edw. 32 pl. 22. If Land descend to the heire although he enter not yet it is assets 42. Edw. 3. 10. pl. 12. The Grandfather makes a feoffement in Fee to the use of the heire of his body and dyes per 26 Hen. 8. the father enters and obliges him and his heirs and dyse quaere 182. Marie Dyer 111. pl. 46. Reversion expectant upon an estate Tayle is not assets because it lyes in the will of tenant in tayle to Dock and barr it at his pleasure Coke 6. part 58. B. Bredimans case et 42. A. Mildmays case Franktenement descendible express is not assets Coke 10. part 98. A. Seymors case Rent-seck descendable is not assets untill seisin Coke 6. part B. Bredimans case If the heire had not Assets in debt and afterwards assets come to his hands the first judgement is no barr of the action 19 Hen. 6. 37. A. Markham The profits of the heire at the time of the descent are sufficient and this shewed to the Court and the heire cannot deny it there shall be a general judgment against him per Dyer 18. Eliz. Dyer 344. pl. 1. The heir confesses the action and sayes that he had nothing but a Reversion descended to him there the Plaintiff shall have judgement to recover the said reversion to be levyed when he comes in possession and shall have a speciall writ of extent 23 Eliz. Dyer 373. pl. 14. If the father recover and error be brought against the sonne and a recovery against him he shall not render damages unlesse he hath assetts of other Land in Fee-simple If one be robbed he shall have debt against the Hundred per 27 Eliz. cap. 13. Debt lyes against a leessee at will for rent during the Term Coke 5. part 10. So against a lessee for years Nat br 120. H. And this during the term Coke 4. part Or after the term ended by effluction of time Coke 3. part 23. B. By limitation By condition in law In deed Common Law Nat. br 120. H. Statute Law ' 19 Hen. 6. 42. A. wast Nat. br 120. H. reentry Coke 3. part 23. B. Walkers case 30 Edw. 3. 7. 17 Edw. 3. 48. et fol. 73. pl. 107. It lyes not against tenant for life so long as his estate continues Coke 4. part 49. A. 11 Hen. 6. 14. pl. 4. But yet by the Statute 32 Hen. 8. cap. 37. the executors of a Lessor shal have debt during the est ate for life Coke 4. part Debt lyes not against the Master upon the buying of the servant unlesse it comes to his use or by his assent Doct. et Stud. 137. A. Debt lyes against an Ordinary when a man dyes intestate Nat. br 120. D. Coke 5. part 83. A. Snellings case et 9. part 39. B. 11 Hen. 7. 1 2. 9 Edw. 4. 33. Danby 18 Hen. 6. 23. com 277. 8 Eliz. Dyer 247. The Ordinary administers and then grants administration yet debt lyes against the Ordinary but it was sayd that such administration ought to be alledged in the Dioces of the ordinary 12 Rich. 2. Administrator 21. But note no Debt lyes against the ordinary after that he hath committed administration to another 8. Eliz. Dyer 247. pl. 73. Debt was brought against the father for the sons commons in a Colledg in Oxon although the father had delivered it to the Tutor of the sonne Pasch 9. Jac. Ban. Regis St. Johns in Oxford against Brickenden Debt lyes against him that becomes pledge without deed Nat. br 122. K. 18. Edw. 3. 13. pl. 7. Finchden A. borrowed of B. 20 l. to pay it at Michaelmas at which day D.
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.
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