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
to be the Plaintiffs 14 Eliz. Dyer 306. pl. 66. for he cannot recover it against the Vendee Q. The Sale here makes the Conversion Sold as to persons unknown Lib. Intra 5. A. Sect. 1. 2. Wasting the goods 34 Hen. 8. br Action upon the Case 103. for this a Conversion in Law 3. Denial to re-deliver A brought an Action for Plate and Jewels and shews that upon request the Defendant refused to deliver them this is good evidence to a Jury but to find it at large viz. without a request is not a sufficient Conversion to warrant the Action Coke 10. part 46. B. Oxfords case Hill 12 Jac. Ban. Regis Isack Clarke per 3 Justices 33 Hen. 6.27 for the Count is in usum suum proprium convertit disposuit but a nude denial is not a Conversion Q. viz. that he hath the goods But if it be for money out of a bag Money then it is a good Conversion if he deny it because it cannot be known Pasch. 14 Eliz. in Le chequer and so the Plaintiff cannot prove that it was his money which was denied Note if the Plaintiff have not property in the things it lies not 20 Hen. 7. B. pl. 18. Q. what property he must have 1 Pasch. Note 43 in Eliz. Bushopps case it was a doubt if A takes goods to the use of B and afterwards B agree to the taking quaere if such Action lies against B. quia A divests the property by the taking and not B by the consenting as it seems 2. The count ought to shew the place of conversion Mich. 26 27 Eliz. Ban. Regis Stranhams case because it is traversable and issuable So the day of the Conversion Hill 7 Jac. Ban. Regis for the same reason and without shewing that the Defendant knows not how to plead in bar If the count be of Trover and the Jury find upon Bailment yet good for the Conversion is the point of action Hill 12 Jac. Ban. Regis Isack Clark and not the Trover for it is no fault to find a thing for no property is gained by the bat finding but by the Conversion Of what things it lies 1. Money It lies for money out of a purse upon special matter that he lost it and the other found it Trin. 43 Eliz. Com. Ban. Hall Wood Pasch. 24 Eliz. in the Exchequer but not generally for money cannot be known and so the Plaintiff can fix no property in himself 2. The Master delivers Corn to the Servant to fell and brings his action for the money and goods 1. the possession of the Servant is the possession of the Master 2. It lies of money Mich. 4 41 Eliz. Ban. Regis Holliday Higges for the money comes in lieu of the Corn. It lies for 20 Sheep Sheep Coke 5. part 109. Foxleys case It lies for a Chain-door sound and sold Chain-door Horse 3 Mariae Dyer 121. pl. 14. It lies of a Horse But it is no plea for the Defendant that a person unknown stole them and left them waiviavit without shewing the circumstances when and where Coke 5. part Foxleys case 109. A. but if he had said quidam ignotus waiviavit them without saying any more this is good for the circumstances shall be intended for waiviavit est vecabulum artis and implies all Mich. 15 Jac. Ban. Regis Leader Paschall 1. To traverse the sale is a good plea 3 Mariae Dyer 121. pl. 16. viz. to say he did not sell them 2. That he distrained them for a Rent charge absque hoc that he converted them this is nought for it is no Conversion at all ideoque it amounts but to the gneral issue non culp Mich. 9 Jac. Ban. Regis Davies Knap That he is a Horse-breaker and the Plaintiff delivered it for him c. Absque hoc c. this amounts but to the general issue non culp Mich. 9 Jac. Ban. Regis Lovelace Martyn and not good Husband and Wife shall have this Action for a Deed by which an Annuity was granted to the Wife Deeds for the Wife should have it if she survive the Husband Trin. 40 Eliz. Com. Ban. Russel Catesby and the Husband is to have it during his life viz. to make use of upon occasion It lies for twenty Pooks of Corn Frument and Grain Trin. 38. Eliz. Com. Ban. Price versus Sr. Walter Sands It lies of four bushels of Wheat Trin. 12 Jac. Ban. Regis Hill Hawkes The Defendant shews a prescription in the Baily of L. to elect a Belman which ought to repair the street of the Market-place and to cleanse it and that he shall have of every bushel there brought to sell one pint of Wheat c. and justifies c. this is good because the custome is doubtful and may be put in issue therefore a good bar otherwise this plea would amount unto the general issue Trin. 12 Jac. Ban. Regis Hill Hawks and then it would not be good For delivering of Jewels c. in a Box to B who dies Jewels and they come to C who breaks the Box and converts them 20 Hen. 7.4 pl. 13. That he did not convert them to his own use is a good bar for the Trover and breaking of the Box are but conveyances to the Conversion 20 Hen. 7.4 pl. 13. per Fineux and not the ground of the Action It lies of Quinquaginta pondus of Wool ad valentiam Wool c. for per Curiam pondus shall be taken one pound weight because this weight is more certainly known throughout all the Countrey Mich. 9 Jac. Ban. Regis Roe Lloyd loquendum est ut vulgus It lies of a 100 load of wood and 40 Beeches Wood. No. Lib. Intr. 41. B. sect 33. Q. whether loads be not incertain Of three Monkeys Monkey and error brought because that they did not say they were tame Mich. 9 Jac. in Exchequer Chamber Shackley Porter if tame Quaere whether they are valuable and considerable in Law being only Creatures of pleasure It lies of forty measures of Pippins scil Bushels Pippins Mich. 9 Jac. in Exchequer Err. inter Claydon Taylor Q. for they are perishable things and may be rotten before they can be recovered and so not to be recovered in kind yet dammages may be recovered and so it may lie Covenant Conventio est quasi Transactio Covenant is either by Common Law 1. Exprest 1. By word 1. Personal touching Chattel Real Personal 2. A Real thing 2. By deed 1. Indented 2. Poll Real 1. Warranty de qui non est bact 2. Covenant de que non est hact be seized to use 3. Covenant to levy fine 2. Implied 1. Personal 2. Real Statute Law 31 Edw. 3. cap. 11. Administrator shall have it and be subject to a Covenant 32 Hen. 8. cap. 34. Grants against Lessees è converso 1. Court 2. Plaintiff 3. Defendant 4. Things
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
Statute but the Master sole shall not Hill 11 Jac. Ban. Regis Colledge of Physicians versus Dr. Tenant Lib. Reports title Plaints Q. Debt lies by a Conusee of a Statute or Recognizance Stat. Merchant Staple Conusee According to 23 Hen. 8. Recogn Counsellor Nut br 122. D. 11 Hen. 6.49 pl. 7. 36 Hen. 6.2 pl. 2. 39 Hen. 6.3 pl. 5. 22 Eliz. Dyer 369. pl. 52. 13 Rich. 2. bre 649. upon the Statute or Recognizance Debt upon a retainer to be his Counsellor for 40 s. per annum but then he ought to count that he was of his counsel or was ready to be 37 Hen. 6.8 B. Prisott if required But if I retain a Sergeant at Law for A he shall not have debt for his salary against me 31 Hen. 6.9 B Fortescue for he is retained for his Client and it is reason he should pay him Executor Executor shall have debt for a debt due to the Testator 11 Hen. 6.7 for he is in place of the Testator Executor of an Executor shall have debt 25 Edw. 3. Ca. 5. sic in infinitum as it seems Executor shall not have debt before probat of the Testament 7 Hen. 4.18 Coke 5. part 28. A. Midletons case Com. 278. Foxes case Perkin 193. for before that he is not Executor in the eye of the Law But if pendente breve the Testament be proved it sufficeth Pasch 43 Eliz. Com. Ban. Walmesly for that relates to the death of the Testator and so includes the time of hanging the Action Feme Rent services granted to the husband and wife for life the husband dies the wife shall have the Arrearages that did accrue in the life of the husband and debt for them after the estate ended 29 Edw. 3.40 pl. 19. for here is a surviving estate in the wife Grantee of a Reversion Annuity Grantee of a Reversion shall not have debt for Rent upon a Lease for years before Attornment Nat. br 121. N. for before Attornment the Reversion passed not But a Devisee shall have it Nat. br 121. N. Mich. 14 Jac. Ban. Regis Bayliffs and Burgesses case of Ipswiche for there it passeth by the will So Bargainee shall have it Coke 3. part 24. A. Walkers case for it passeth by enrolment of the Deed. Heir A is bound to B and his heirs B dies his heirs shall not have debt Nat. br 120. I. but the Executor but contrary where A binds himself and his heirs to B. But if a penalty be granted to one and his heirs then the heir shall have debt Nat. br 120. M. 11 Hen. 4.84 28 Hen. 8. Dyer 24. pl. 149. for that is a present duty wherein the heir hath interest The heir shall have debt for the reasonable part of the goods where the custome gives it him Nat. br 122. L. for this is a customary duty for which the Law will give a remedy But if there be no such custome it lies not Regist orig 142. B. 40 Edw. 3.38 pl. 19. 7. Edw. 4.20 pl. 23. 30 Edw. 3.26 A. seton Regist orig 141. B. for the Common Law takes no such notice of the heir to have any goods as heir For the Statute of Magna Charta is but one forspris and for that an Action shall not be founded upon it vide Lib. Intra 541. by reason of the incertainty of the meaning of the Statute in that point But Nat. br 122. L. Glanvill Lib. 12. cap. 20. 17 Edw. 3.9 pl. 29. this is by the Common Law quaere Custome that the heir shall have the principal Chattels c. he shall have debt for them 30 Edw. 3.2 pl. 9. 39 Edw. 3.6 pl. 24. fol. 9. pl. 15. The Law takes notice and maintains ancient Customes Lessor Lessor shall have debt for Rent reserved upon a Lease at will Coke 5. part 10. Hensteads case Littleton 15. by reason of the privity of the Contract betwixt the Lessor and the Lessee And so for a Lease for years 7 Rich. 2. this seems a stronger case Tenants in Common make a Lease rendring Rent they ought to joyn Littleton 72. in the Action in respect of their joyning in the Lease and so a joynt interest passed Ordinary The Ordinary shall not have debt because he hath not absolute interest in the things of the Intestate Coke 9. part 33. Hensloes case Nat. br 120. D. but hath it only as a Conduit-pipe to derive it to others to whom the Law directs Parson A Parson shall have debt for not setting out of Tithes by the Stat. of 2 Edw. 6. cap. 13. and recover treble dammages Physician A Physician shall have debt for Physick and Diet Lib. Intra 187. B. Sect. 1. upon a quantum meruit if there be no special contract Recusant Recusancy shall be pleaded in disability for such Lands and Tenements which are not seized into the Kings hands 3 Jac. cap. 5. in disability of the person to sue Q. Robbery The party robbed shall have an Action against the Hundred per le Stat. 27 Eliz. cap. 13. But he ought to bring his Action within the year after the Robbery done 27 Eliz. cap. 13. And the day of the Robbery shall be accounted parcel of the time Pasch 15. Jac. Com Ban. per 2 Justices as it seems because the Law is penal Quaere tamen Steward Steward of a Court retained by word for such a sum per annum shall have debt for his salary 8 Eliz. Dyer 248. pl. 79. Coke 4. part 30. A. Servant Servant shall have debt for his salary 11 Hen. 6.10 pl. 20. upon the contract which created a duty One retained in England to do service beyond the Sea shall have debt in England where the retainder was Nat. br 120. E. and not where the service is done because it is beyond Sea aliter quaere Servant retained by a Corporation without deed shall not have debt for his salary 4 Hen. 7.6 Com. 91. B. for such Retainer is null in Law and the Servant could not have been compelled to serve Successor Sole Corporation consists of one person One sole Corporation shall not have a personal thing in Succession Coke 4. part 65. A. Fulwoods case 19 Hen. 6.44 pl. 94. 20 Edw. 4.2 vide 32 Hen. 8. Dyer 48. pl. 14. for personal things cease with the person Unless the Custome will warrant it Coke 4 part 65. A. Fulwoods case Custome if it be not unreasonable makes a Law But a Corporation aggregate that is consisting of many persons shall have an Action for a personal thing in succession Coke 4. part 65. A. 20 Edw. 4.2 Master of an Hospital recovers dammages the Successor shall have them 19 Hen. 6.44 pl. 94. for the benefit of the house Abbot recovers dammages in battery and is removed or created Bishop his Successor shall have them because he recovered them but to the use of his house 22 Hen. 6.4 B. for he could sue in no other
but a meer right still Tenant for life or years of an Advowson suffers an usurpation Reversioner the Lessor shall not be aided by his own Westm 2. cap. 5. for it is a fault to lett it to such a Tenant But his Heir shall be Nat. br 31. G. for he is in no fault But 33 Hen. 6.12 pl. 3. 34 Hen. 6.27 pl. 8. è contra Ergo quaere If Tenant for years or a Gardein brings a Quare Impedit and a Writ be awarded to the Bishop for the Defendant yet the Tenant of the Franktenement is not out of possession for the Presentee is in by course of Law 50 Edw. 3.14 B. Coke 6. part 50. B. Boswells case and therefore the Tenants or Gardians interest shall not be prejudiced The Queen shall have it alone Queen because she is a sole person exempt by the Common Law and cannot joyn with any in a Suit and the Writ shall not say unde queritur because she shall not find Pledges 18 Edw. 3.2 pl. 6. for it were dishonourable for her to find Pledges for she shall be presumed to be sufficient and so deal justly with all The Lord that hath an Advowson by Escheat Lord. shall have a Quare Impedit the Count Lib. Intra 500. D. in respect of his Title accrued by Law If an Abby which hath an Appropriation be dissolved the Lord that hath the Mannor to which it was appendant shall have a Quare Impedit to present to the Advowson Nat. br 33. K. Coke 2. part 47. B. Canterburies case 21 Hen. 7.4 B. Frowick 20 Edw. 4.14 B. Com. 501. Grendons case for by the dissolution the Appropriation is extinguished and the Lord in of his old right to the Patronage Tenant in Tail Tenant in tail suffers an Usurpation he hath no remedy for it was his own Latches to suffer it but his Issue shall have a Quare Impedit 49 Edw. 3.14 pl. 9. This is by the equ ty of Westm 2. cap. 5. Coke 6. part 50. B. Boswells case who shall not be prejudiced by his Fathers act Tenant in tail of a Mannor to which an Advowson belongs enfeoffs A of the Mannor which grants the Advowson to B and re-enfeoffs the Tenant in tail the Issue shall not have a Quare Impedit because the other had no remedy Nat. br 35. B. 19 Hen. 6.30 and so shall not be in a better condition and by the Grant of the Advowson apart it ceaseth to be appendant Tenant in tail leases his Estate over the Church voids he dies the Issue in tail shall present 9 Edw. 3.10 and not the Lessee of the Mannor for the presentation is not comprized in the Lease Tenant in tail suffers an Usurpation before the Statute the Issue shall not have a Quare Impedit after the Statute 8 Edw. 2. Quare Imp. 167. for before he was in no better a condition than his Ancestor and the Statute was made for the bepefit of the Issue in tail Tenant in Dower shall have the third presentment where she is Dowable of the Thirds In Dower Nat. br 33. L. 33 Hen. 8. br Presentment 55. 15 Hen. 7.17 Q. what she shall have when she is Dowable of the half during her Widowhood by the custome of Gavel-kind So if she have the third part of a Mannor to which an Advowson belongs Nat. br 34. Q. 6 Edw. 3.215 in the respect of interest in the Mannor proportionable to it Tenant for life shall have a Quare Impedit For life in respect of his Freehold The Count Lib. Intra 513. A. But if he suffers an Usurpation he shall not have a Quare Impedit at any time after 22 Hen. 6.26 B. for it was his own Latches to suffer it for he might have brought his Quare Impedit upon the first disturbance For years Tenant for years shall have a Quare Impedit although he doth not present within the term Nat. br 34. B. 9 Edw. 3.338 pl. 6. 39 Hen. 6.39 viz. if the Church become void during the term and no Lapse incurred for it was a Chattel vested Tenant in common shall not have it without his Companion In common Nat. br 34. V. 14 Eliz. Dyer 304. pl. 52. 33 Hen. 6.11 B. in respect of their common interest and that the Disturber may not be doubly vexed He that traverseth an Office Traverse and hath the Land in Farm shall have the presentment if the Church be void during the time of his Lease so it be found for him although no mention be made of the Advowson Nat. br 34. P. for it goes with the Land Note Note that the King upon an Office found for him shall not put the Patron out of possession without admission and institution of his Clerk Coke 9. part 96. A. Reynels case for that is the only way to gain possession of an Advowson and an Office may not be true for it is traversable Against whom a Quare Impedit lies Patron sole It lies against a Patron sole 29 Hen. 6.57 19 Hen. 6.67 pl. 14. fol 73. pl. 1. fol. 75. pl. 5. But then the Incumbent shall not be removed 29 Hen. 6.57 7 Hen. 4.34 for if he be it lies also against the Disturber Unless there be no Incumbent at the time of the Writ brought 29 Hen. 6.57 19 Hen. 6.67 pl. 14. fol. 73. pl. 1. fol. 75. pl. 5. for then the Patron only must necessarily be the Disturber Incumbent sole If it be against an Incumbent sole it shall abate 3 Hen. 4.2 Quare Impedit 113. 41 Edw 3.2 Br. Quare Imped 24. vide 47 Edw. 3.10 for he comes in under another mans right who must be named in the Writ But note this is intended when the Inheritance estate or interest of the Patron in the Patronage Note is to be devested by the Judgment for otherwise he ought not to be named Coke 7. part 26. B. Halls case for it concerns him not to be made a party When there is no Patron the Writ shall be against the Incumbent sole 13 Hen. 8.12 4 Hen. 8.3 for there can be no other Disturber but he When the King presents it lies against the Incumbent sole because the King shall not be sued Coke 7. part 26. B. Halls case 92 Hen. 8. Dyer 48. pl. 16. 24 Edw. 3.77 pl. 103. Crooke 19 Hen. 7.53 pl. 9. But by Petition he may be sued too and the Law intends he will do all his Subjects right without suit It lies for the Defendant against the Plaintiff Plaintiff if the Clerk of the Defendant be not instituted Nat. br 35. C. and he be disturbed by the Plaintiff It seems this is meant where there is a cross Suit betwixt them But not of the same presentation if the Plaintiff have brought his Writ 19 Hen. 6.67 pl. 14. fol. 73. pl. 1. fol. 75. pl. 5. 22 Edw. 3.4 pl. 10. for he that first commences his Action shall first determine
his right The King grants a Free Chappel to B by Patent Sheriff if the Sheriff will not put him into possession he shall have a Quare Impedit against the Sheriff for this is in the nature of a Lay see and belongs not to the Ordinary and the Writ shall be general 14 Hen. 4.11 pl. 9. Haukeford as in other Quare Impedits but the Count must be special as it seems Quare Impedit of what disturbances it lies If a Disturber presents three times within the six months Disturber Quare Impedit lies for the former Nat. br 35. R. of the Presentations for there began the first cause of action The Ordinary refuses to grant a Jure Patronatus to try the Title or to admit the Clerk a Quare Impedit lies 33 Hen. 6.12.32 34 Hen. 6.11 35 Hen. 6.38 for this is a disturbance to the Presentation So if it be Litigious and the Ordinary admit a Clerk without awarding a Jure Patronatus 22 Hen. 6.25 Bre. 83. for this is to disturb by fore-judging of the right So if he do not admit him within convenient time 22 Hen. 6.29 for delays are disturbances and accounted denials for Justice ought to be speedily done The Bishop refuses to admit the Clerk because it was first found for another in a Jure Patronatus this is a disturbance Nat. br 35. G. for he is not to take notice of the Suits between the parties Unless the Admittas be delivered to him 21 Hen. 6.44 for that is the Act of the Court of which he is bound to take notice Quare Impedit of what things it lies And if one had been disturbed before the Statute yet he should have had the Writ because the Statute refers before as well as after 6 Edw. 3.221 pl. 51. Q. The Count Lib. Intra 646. C. It lies of a Chappel 22 Hen. 6.25 B. antea Chappel And it lies by Westm 2. cap. 5. Lib. Intr. 52. A. sell 2. The Writ shall be Praesentatum ad Capellam liberam Nat. br 32. H. 8. But if the King brings a Quare Impedit of his free Chappel it shall be praesentare ad Praebendam in his Frank Chappel Nat. br 33. 16 Edw. 3.3 nota differentiam It lies of a Deanary Deanary 17 Edw. 3.40 It lies of Domus Sancti Martini in Bristol Nat. br 33 G. Domus S. Martini Hospital It lies of an Hospital Nat. br 33. G. pro Westm 2. cap. 5. the Count Lib. Intra 506. C. Sect. 1. because they are all presentative De Medietate Advocationis It lies not de medietate Advocationis neque de Advocatioue medietatis Ecclesiae Nat. br 33. A. 33 Hen. 6.11 B. Prisot vide 4 Hen. 6.15 B. for it must be of an entire thing or at least so supposed by the Writ for the Law takes no notice of such moieties But in such cases the Writ shall be general scil ad Ecclesiam and not ad medietatem Ecclesiae but the Count shall be special and set forth special Title Coke 5. part 102. Winsors case 16 Edw. 6. Dyer 78. pl. 44. But where there are two several Patrons and two several Incumbents of the same Church within one and the same Village so that the Advowson and Church are severed in right and possession there one Patron may have a Quare Impedit de medietate Ecclesiae Coke 10. part 135. B. Smiths case for there their Titles are entire 21 Hen. 6.4 pl. 8. in fine One person says that he was Parson but of the Moiety of the Church and good 7 Edw. 3.246 pl. 24. Quare Impedit of the Moiety of the Church Q. It lies of a Parsonage Parsonage and the Writ shall be ad Ecclesiam because Ecclesia is intended of a Parsonage Nat. br 32. H. viz. the possession of the Church Glebe and Tithes It lies of a Prebendary Prebend per Westm 2. cap. 5. The Count No. Lib. Intr. 507. B. The Writ shall be ad Praebendam Nat. br 32. H. 40 Edw. 3.17 pl. 7. but it ought to shew the name of it 40 Edw. 3.17 to make it more certain for else the word is too general It lies of the Subdeaconry of York Subdeaconry Nat. br 34. G. because presentative of right as it seems The Writ shall be quod permittat eum praesentare and yet the King gives it by his Letters ters Patents Nat. br 34. G. but it seems such Writs were but of puisne temps It lies of a Vicarage Vicarage per 2. Westm cap. 5. viz. a Vicarage to be endowed The Writ shall be ad Vicariam Nat. br 32. H. which the Law well takes notice of The Count in a Quare Impedit He that brings a Quare Impedit in his count ought to alledge a Presentment in himself or in his Ancestors or in him by whom he claims Nat. br 33. H. 1. Unless a man erect a new Church for then the Count shall be special Nat. br 33. H. 17 Edw. 3.12 and shall set it forth to make it appear he cannot alledge a Presentment 2. If he recover in a Writ of right then he may alledge the presentation in him against whom he recovered Nat. br 33. J. Q. Or he may have this Writ without alleadging any presentation for he may count upon the Record Nat. br 36. A. whereby he recovered and that makes it appear the Presentation belongs to him Or if he recover in a Quare Impedit the same Law 42 Edw. 3.8 pl. 5. 3. He may alleadge seisin in the Procurator Nat. br 33. J. 17 Edw. 3.60 75. which is as it were his own seisin He that alleadges Presentation in himself ought to shew that the Presentee was instituted although that it was against a Common person for without Institution he had no fruit of his presentation and so it is as nul But against the King he ought to shew that he was Inducted Com. 528. Bickleys case Coke 6. part 49. Boswelt case for a man must make a full and compleat Title against the King And such presentment ought to be within memory 17 Edw. 3.10 Quaere of the Law at this day Presentation in his own name Devisee for life alleadges the presentation in himself and good Coke 5. part 37. 8 Hen. 5.10 in respect of his Free-hold Of the presentation of Tenant for life vid. Coke 5. part 97 98. For years 7 Edw. 4.20 22 Edw. 4.9 B. In Dower By the Courtesie At Will 5 Hen. 5.3 pl. 6. These are the presentments of him that hath Fee Q. The King grants the Advowson to A the Church being void and presents 13 Eliz. Dyer 330. pl. 36. by Lapse 21 Eliz. Dyer 364. pl. 28. and good for his grant hinders not for he presents by Lapse upon another title But the issue in Tail ought to alleadge presentment in the Donor because he derives his title from him or he may alledge it in himself Com. Manxels case fol. 4. B. If it be alleadged
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.
br 87 H. Regist orig 95. A. for the dammages do concern the Husband 21 Hen. 6.30 pl. 16. Lib. Intr. 6.50 C. Sect. 3. and the Count shall be bona catalla of the wife 7 Hen. 7.2 vide 14 Eliz. Dyer 305. pl. 59. the Count Lib. Intra 650. C. Sect. 3. Husband and wife may joyn in Trespass for the beating of the wife 46 Edw. 3.3 pl. 5. 22 Assize 60 87. Regist 105. B. Lib. Intra 612 668. C. Sect. 4. for he is damnified by it as well as his wife viz. by losing his labour and society So for imprisonment of the Wife Coke 5. part 59. A. Fosters case for the same reason But if they joyn for battery of both this abates for the battery of the Husband 9 Edw. 4.54 3 Edw. 3. brev 737. For the battery of the Husband is not the battery of the Wife and so as to that she hath no cause of Action And if they brought a Trespass for beating and taking away of Goods during the coverture thé Writ shall say de bonis of the Husband for the Wife cannot have a property during the coverture Regist orig 105. B. And if the Husband and Wife are beaten they shall have several Actions Regist orig 105. in the Note quia transgressio personalis ought to be brought only by the person injured Trespass quare domum suam fregit maremium iude asportavit c. being the house of the Wife is good by the Husband alone because he may pull it down and sell it 43 Edw. 3.16 pl. 15 fol. 26. pl. 6. Q. It seems so because he cannot be sued for it during the coverture So for entring and chasing and carrying away of the Deer in a Park although the Wife had a joint Estate with her Husband yet it is a personal thing in the Husband 43 Edw. 3.8 pl. 23. So for Deeds concerning the Land of the Wife 8 Hen. 5.9 pl. 13. For Deeds are Chattels though they concern the Realty So in trespass upon the Statute of 5 Richard 2. cap. 7. because he only shall have dammages 38 Hen. 6.3 pl. 9.4 Edw. 4.13 if he recover So for taking away of his Wife and his Goods Nat. br 89. O. 14 Hen. 6.2 pl. 11. 6 Edw. 3.208 pl. 2. 43 Edw. 3.23 pl. 15. 44 Assize pl. 13. Regist orig 97. A. for this is given by Westm 1. cap. 12. Westm 2. cap. 34. It seems this Statute was but in affirmance of the common Law Quando breve fertur ab aliquibus ad liberum tenementum annexis fiat in nomine amborum Nota. sed si sit de rebus libero tenemento non annexis in nomine viri tantum sed si sit de domo fracta sit in nomine amborum sed alii Clerici dicunt quod fiat in nomine viri tantum Regist orig 108. B. This is when trespass is brought concerning House and Lands of the Wife being covert Vide tamen in nomine amborum de clauso fracto bona c. Lib. intra 640. B. sect 4. fol. 662. D. sect 21 Rich. 2. brev 933. Q. Chaplain of a Chappel The King collates and the Sheriff puts him in who is collated he shall have trespass Nat. br 37. D. if the Trespass be done after he be put in A Commoner shall not have Trespass for any thing in the Land Commoner viz. the soil of a Common 4 Hen. 7.3 15 Hen. 7.13 pl. 1. fol. 12. pl. 23. For he hath only an interest in the Herbage Q. tamen He that hath not soil A lets Land to B for to sow and A to have the Moiety of the Corn yet B cannot have trespass Quare clausum fregit against him for wasting of the Corn for he hath interest in the whole Crop Hill 30 Eliz. Hâ—re versus Oakley And although this was not pleaded in abatement yet the special matter being found the Plaintiff shall not have judgment because it appears to the Court they cannot be disjoined to have an action in such form For they are upon the matter joint-tenants of the Land He to whose use He to whose use shall not have Trespass in his own name but in the name of the Feoffees Crooke 17 Hen. 7.41 pl. 2. For the Estate in Law is in them A Copy-holder shall have trespass for the breaking his Close and cutting his Trees Copy-holder 2 Hen. 8.4.12 Coke 4. part 21. B. No. Lib. intra 644. C. sect 3. the pleadings For he hath an interest in both to some purposes He shall have it against the Lord 20 Edw. 3. â—0 Coke 4. part 22. A. For the Lord in this â—espect is in no better condition than a stranger Disseisee shall have Trespass for the mean profits Disseisee and all other things after his re-entry Coke 11. part 51. A. Liffords case 3 Hen. 4.13 pl. 18. Gascoigne 37 H. 6.7 pl. 13. but not before because then he had no interest in the Land but a bare right But before his entry he shall not have Trespass 32 Hen. 6.32 A. 38 Hen. 6.28 A. Fortescue viz. against one that entred before he was disscised Q. Unless in case of necessity as Tenant for the Life of another is disseized and he for whose life he hath it dies or Tenant for years is outed and the years expire they shall have Trespass asore the entry and recover the mean profits 38 Hen. 6.28 B. Where there is a necessity the Law doth give way to usual things rather than there should be a failure of Justice An Executor shall have Trespass for Goods taken out of the possession of the Testator Executor Nat. Br. 87. E. Regist 98. A. in respect of his interest by his Executorship And the Writ shall not say ad grave damnum neque in retardationem executionis testamenti Regist orig 98. A. the Count Lib. intra 640. A. sect 2. But this was given by the Stat. of 4 Edw. 3. cap. 6. 14 Hen. 7.13 And at this day an Executor of an Executor shall have such an Action Regist 98. A. the rule there it seems upon the equity of the former Statute But he should not have had it before 25 Edw. 3. viz. at the Common Law cap. 5. Com. 290. A. Chapmans case But an Executor shall not have such Action De clauso fracto 11 Hen. 4.3 pl. 8. 4 Edw. 4.8 A. Catesby viz. in vita Testatoris for this is not within the Statute Neque de Arboribus succisis tempore Testatoris 18 Edw. 4.16 A. Pigott Nor this and so both are left at the Common Law An Executor shall not have Trespass before probate of the Will unless it be for a thing taken out of his own possession Com. 281. Q. rationem differentiae One Executor shall have Trespass for a thing taken out of his possession with his companion 42 Edw. 3.26 pl. 12. 2 Rich. 2. Executor 75. For Executors are but as one person in Law or he
Hen. 6.23 7 Hen. 4.18 pl. 22. 11 Hen. 7.12.17 Edw. 2. brev 8 22. as Ordinary for he hath a kind of property in it But not for a thing which was not in his possession Nat. br 92. A. Coke 9. part 39. A. Henslees case 7 Hen. 4.18 pl. 22. For the Law takes no notice of his right without a possession A Parson shall have Trespass for Tithes taken after severance of the 9 parts Parson 10 Hen. 4.2 pl. 2. Gascoign 21 Hen. 7.27 pl. 5. before any seisure because it is certain by the severance what was his and the Law casts the possession and property upon him Com. 281. A. Foxes case But not of a Mortuary before seisure Com. 281. A. 10. Hen. 4.1 but there is but a bare customary right A Parson or Vicar shall have Trespass for the Walls or Glass of the Church or Grass or Trees in the Church-yard c. or Glebe-Land 11 Hen. 4.12 pl. 25. 8 Hen. 6.9 pl. 20. 11 Hen. 6.4 B. Danby Q. For the Church belongs to the Parishioners and the Chancel to the Parson yet the free-hold of the Church is in the Parson Parson imparsonee shall have Trespass against any that is admitted and inducted into the said Church if he intermeddle with the Glebe or Tythes Com. 500. B. 38 Hen. 6.24 39 Hen. 6.24 27. because they belong unto him Protected person He that hath a protection Royal shall have Trespass against him that takes his Goods Nat. br 92. B. though if not protected he might take them for during the protection he is not to be molested and so hath wrong done him If one hath the possession of a thing Possessor he shall maintain an Action against him that hath no right Com. 546. A. whether his possession be lawful or not But note Note that upon a possession in Law only he shall not have Trespass 22 Hen. 6.49.5 but it must be an actual possession for that is visible and notorious and the other is not so but may be disputable But if A gives Goods to B B shall have Trespass before possession for he hath the property in Law in them 2 Edw. 4.25 per 2 Justices Coke 3. part 26 27. Butler Baker and property in Law is made then a possession in Law In a Trespass brought it was found by office that another was Tenant and that it escheated to the King this shall abate the Writ as to the things upon the Land Com. 488. B. Nichols case 546. A. 19 Edw. 4.2 pl. 5. because the Land was the Kings and not the Plaintiffs He that enters upon the possession of the King shall not gain possession therefore he shall not have Trespass Com. 546. A. Paramors case 2 Hen. 4.7 pl. 29. For nothing can pass out of the Crown but by matter of Record Or upon a Farmer of the King 2 Hen. 4.7 pl. 29. For he is in upon the Kings right and the prejudice done unto him is done unto the King immediately But against him that outs the Farmer the King shall have Trespass Com. 546. A. Paramors case Q. whether the Farmer may not also have Trespass The King shall have Trespass King Nat. Br. 90. I. Regist orig 99. A. And in this case the party cannot make fine because the dammages are to the King himself to Hen. 4.3 pl. 7. and the fine shall be included in the dammages Q. tamen For it seems he shall make fine But for Trespass in the Rings Lands there uses to be an information in the Exchequer Nat. br 90. I. This is not by way of English Bill but on the Pleas side Q. if it may not be by an English Bill And in such case the judgment is that the party shall be removed and put out of possession although that it be but a personal Suit and the removal shall be by Writ formed in the case ditected to the Sheriff Com. 561. B. This Judgment is by way of Decree ergo on the Pleas side But the King may have a Trespass quare clansum fregit Nat. br 90. I. if he will The Queen shall have Trespass without the King Queen Nat. Br. 101. for Lands belonging to her Revenue and she is not in the nature of another Feme covert Revusancy shall be pleaded in disability to sue an Action of Trespass for as many Hereditaments as are not seised into the Kings hands Recusant 3 Jac. cap. 5. For such as are seised concern not the Recusant A Bishop shall not have an Action of Trespass for a Trespass made in a vacancy of the Bishoprick Bishop 39 Edw. 3.12 pl. 18. 18 Edw. 2. Trespass 237. For that could not concern him but the Guardian of the Spiritualties as it seems Vide tamen Regist 101. A Writ formed in such case for the succeeding Bishop Ergo. Q. Master of an Hospital A Master of an Hospital shall have an Action of Trespass for a thing done in the time of his Predecessor for the dammage redounds to the House Nat. br 89. G. Regist orig 196. B. the Writ there And by the same reason why may not the Bishop for a Trespass done in the Vacancy Tenant at will Tenant at Will shall have Trespass against a Stranger 19 Hen. 6.45 pl. 94. 12 Edw. 4.8 pl. 20. 35 Hen. 6.5 pl. 7. For he hath a Title against him For entring his Close and burning his Hay 35 Hen. 6.5 pl. 7. Copy-holder shall have Trespass Copy-holder Coke 4. part 31. A. 2 Hen. 4.12 pl. 49. Coke 4. part 4.21 B 23. B. and this before his admission per descent for his admission is but a Ceremony yet essential to his Estate Tenant in common Tenants in Common join in Trespass touching their Tenancies Littleton sect 315. 18 Hen 6.5 14 Hen. 6.9 pl. 38. 12 Hen. 6.4 pl. 11. 45 Edw. 3.13 5 Hen. 4.1 14 Hen. 4.31 43 Edw. 3.24 pl. 3 22 Hen. 6.12 in respect of their common and undivided interests But if one dies the other shall have an Action for all the Trespass 43 Edw. 3.24 pl. 3. For it survives with the Land They ought to join in Trespass 5 Rich. 2. cap. 7. 34 Hen. 6.32 pl. 16. 4 Edw. 4.18 21 Hen. 7.22 because it concerns them both in common and undividedly Note For battery they shall not join Reg. orig 105. B. For that is a distinct Trespass for the beating of one is not the beating of the other A had Male Swans B Female which having young ones for the young ones they shall join if they be taken away because they are Tenants in Common Coke 7. part 17. A. 2 Rich. 3.15 16. of the Swans and the young ones One Tenanant in common shall not have Trespass de bonis asportatis against his companion that takes them Lib. Intra 653. B. sect 3. because he hath an interest in them Tenant for anothers life Tenant for anothers Life is disseised he for whose life he held dies Tenant
for anothers Life shall have Trespass without re-entry because the Act of God shall not prejudice him 19 Hen. 6.28 B. Ascough Coke 5. part 41. Kniets case Tenant at sufferance Tenant at sufferance shall not have Trespass Crook 17 Hen. 7.47 A. for the feebleness and uncertainty of his Estate If a man be outlawed or attainted in Trespass or Felony Outlawed and pardoned he shall have Trespass for Trespass done to his person before the pardon 29 Assize pl. 63. No. Lib. intra 248. A. 30 Edw. 3.4 pl. 18. For by the pardon he is made rectus in curia and restored to the priviledge of the Law ab initio But for other Trespass quaere 5 Edw. 3.170 viz. concerning his Goods or Lands in respect of the forfeiture But before a Scire facias be brought upon the pardon he cannot without doubt because the pardon was conditional 21 Edw. 3.55 pl. 7. Q. Against whom Trespass lies Administrator takes the Goods Administrator B proves a Will by which he was made Executor and brought Trespass and it lies although the Administration were never repealed for the Administration was void ab initio and the Administrator a Trespasser Mich. 12. Jac. Ban. Regis Fisher Young A makes a Trespass Agreement B agrees to it afterwards and avows the doing of it yet B is no Trespasser 9 Edw 3.35 pl. 17 For the consenting is a matter ex post facto and cannot make him a Trespasser ab initio Trespass lies against an Alien Alien Digest br 72. A. For an Alien is subject to the Laws of the Land as much as concerns the peace and quiet of it Attainted person A person attainted shall be sued in Trespass Mich. 38 39 Eliz. Com. Ban. Banister Trussel No. Lib. intra 248. A. For he shall not take advantage of his own wrong to plead it in bar to the prejudice of another An Infant makes a Letter of Attorney to A Attorney to take Livery and Seisin for him A takes it the Infant shall not have Trespass against A because it is for his advantage to take the Livery for him 21 Hen. 6.31 B. Ascue Husband and wife Trespass De muliere abducta cum bonis viri c. lies against Husband and Wife because the Wife may assent at the time to the Ravishment and also to the carrying away of the Goods 43 Edw. 3. pl. 15.44 Assize 13. and this Assent makes her a joint Trespasser with her Husband Trespass against Husband and Wife the Wife is taken by Capias but not the Husband Dodderidge and Haughton Justices said that if the Declaration be against the Wife alone it is not good and if there be no Declaration the Wife shall be at large but afterwards Dodderidge said a Declaration shall be put in against the Husband and Wife and the Wife appearing shall be committed to prison to which Crooke agreed yet quaere what was done in it Mich. 15 Jac. Ban. Regis Ashwel against Opshard and his Wife if no Bail be put in for her So hath it been since held by Rolle Chief Justice If the Woman beat another the Husband must be named in the Writ Regist orig 105. B. Lib. intra 612. A. sect 11. for he must answer for his Wifes behaviour Trespass lies against him that commands another to do a Trespass Commander Doct. Stud. 19. A. tamen quaere For it seems otherwise Body politick It lies against a Master of an Hospital and his Brethren Regist orig 105. B. For they are one body in Law and so it is but one Trespass done by them all Dean and Chapter It lies against a Dean and Chapter 32 Hen. 6.8 pl. 13. for the same reason Mayor Commu nalty It lies against a Mayor and Communalty Quare vi armis 38 Edw. 3.18 8 Hen. 6.1 9 Hen. 6.36 20 Hen. 6.9 15 Edw. 4.2 4 Hen. 7.13 32 Hen. 6.10 for the same cause But no Capias lies against them because they cannot appear all in person for this would make confusion 45 Edw. 3.2 3. 22 Assize 67. 21 Edw. 3.59 pl. 1. But they must appear by an Attorney for them all Disseisee shall have Trespass against his Disseisor before his entry Disseisor for the former entry upon his Disseisin 32 Hen. 6.32 38 Hen. 6.28 A. Fortescue But after his entry he shall have Trespass against the Disseisor for all the mean profits taken during the Disseisin Coke 11. part 51. A. Liffords case 3 Hen. 4.13 pl. 18. Gascoigne 37 Hen. 6.7 pl. 12. But shall not have Trespass against the Disseisor of the Disseisor for then the last Disseisor should be twice charged Coke 11. part 51. once by the first Disseisor and a second time by the Disseisee which is unreasonable Neither against the Feoffee or Feoffor of the former Disseisor 34 Hen. 6.30 pl. 14. 13 Hen. 7.15 Coke 11. part 51. for the same reason Liffords case 2 Edw. 4.18 pl. 12. per 2 Justices Crooke 12 Hen. 7.1 pl. 2. But against a Co-adjutor of a Disseisor it lies 21 Edw. 4.5 19. for he is as the Disseisor himself It lies against an Infant Infant Digest br 72. Q. of what age It seems at the age of Discretion It lies not against an Executor Executor quia actio personalis moritur cum persona Doct. Stud. 75. viz. for a Trespass done by the Testator if personal Guardian shall have Trespass against his Ward Guardian 5 Hen. 4.2 pl. 7. Q. for what Trespass whether for a Trespass done to him as his Guardian It lies against an Ideot Ideot Digest br 72. A. Q. for it seems it lies not against one not compos mentis Trespass and Imprisonment lies not against any of the Judges at Westminster Judge although he commit him without cause 21 Hen. 6. pl. 9. in fine For this would be to affront Justice to call the Judges in question for doing things as Judges But they are questionable by the King But if Auditors commit not an Accomptant forthwith but at another time Auditors Trespass lies against them 27 Hen. 6.8 pl. 7. For their power is limited to time and place for they are Judges but hac vice It lies against a Miller that takes toll of them that are Toll-free Miller 41 Edw. 3.24 pl. 17. 44 Ed. 3.20 pl. 16. for it is dammage to them and wrong in the Miller It lies against the Queen sole without joyning the King Queen for the King cannot be a Trespasser to any Trespass lies not against the Lord Lord. per Marlebridge cap. 13. Q. for what Trespasses and by whom It seems for Trespasses done to his Villains most properly Non ideo puniatur dominus per redemptionem Coke 4. part 11. B. Bevills case But afore this Statute Trespass did lie against the Lord vi armis 48 Edw. 3.20 pl. 16 Thorp for there the peace of the Commonwealth