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
deeds Coach Gathering tithes Dove-house Crosse Delivery of a deed Discharge of a prisoner Farrier Smith Ferryman Forbearance Fobearance Goaler Warranty Lessor Marriage money Obtains a Lease Payment Planting Save harmlese Infant Sollicitor Sufferance Tabling Lodging Vendor Vendee Barber Physition or Chirurgeon Assumpsit Clarke Sergeant Counsellor Plough my land Attorney Carpenter Cranage Farrier Lyccence Mispleader Borrowed Burning a house Bayly Dog Escape In-keeper Servant Deceit in Bargaines Horse Cloath Grain Herring Saphire Wood. Wine Deceit in bargains Horse Cloath Gumme VVine Victual VVax Trover Quid et Quotuplex Money Note Money Sheep Chain-door Horse Deeds Frument grain Jewels VVooll VVood. Monkey Pippins Administrator Assignee Assignee Husband and wife Corporation Executor Executor of an executor Heir Joynt-tenant Lessee Recusant Successor Fine Administrator Assignee Executors Feme Heir Infant Lessee Lessor Parson Parcener Pledge Successor Deed. Guardian in Soccage Pattent Mill. Termor Lease Lessee Count. In Comitatu In Banco Covenant personall Covenant Reâ—ll Accord Disturbance Performance Release Personall Reall Fine In Comitatu Avowant Husband Executor VVoman Heir Lessor Proprietor King Lord. Use Husband and wife Donor Estranger Feoffee Note Feoffor Heir generall Heir speciall joynt-Joynt-tenant Joyn-renant survivâ—r Recusant Remainder Ter-tenant Lord. Abbot Administrator Avowant Bayly of goods Husband and wife Carrier Executor Estranger Lessee Trover of goods Vendee Shreive Husband Feoffor Against a Lessee for life Certain Rationabile parte bonorum Heir Implements Goods lost Goods Bayl Carrier looseth goods Corne. Divorce Replevin Tender amends in Replevin Corne. Wine Horse Note Count. Baylement Spoons Devenerunt Agâ— executors Per executor Trover Contract Obligation Husband and wife for box with deeds Heir against husband and wife Heir Feofee Note In comitatu In Banco Detinue for chattells Detinue for deeds Garnishee Garnishment Enterpleader Accord Attachment Command To deliver over Given Distres Estray Malady Non detinet Payment to the valew Pledge Perish Robbery Recovery Travers Vendee Bastardy Fâ—osment Warranty Rebaylment Release Retainer Infancie Recovery Release Against the Defendant Plaintif Against the Defendant Against the defendant and the garnishee Chattells Deeds Deeds By the party grieved To a person certain Action popular Note Accountant Administrator Attorney Baylor Husband Husband and wife Clarke of the Peace Colledge in Oxon. Colledge of Physitions Stat. Marchant Staple Counsee According to 23 Hen. 8. Recogn Counsellor Executor Feme Grantee of a Reversion Annuity Heire Lessor Ordinary Parson Physitian Recusant Robbery Steward Servant Successor Surgeon Vendor Shrive Use Outlawed person Abbot Accomptant Administrator Assigne Joyntenant Attorney Attainder Baylee Husband Husband and wife Conusor Customer Enfant Executor Goaler Heire What shal be assets to the Heire Hundred Lessee Life Master Ordinary Father Pledge Purveyor Receivor Successor Society Shrive under shrieve Outlawed person Lent Baylment Contract Agistment Marriage money Regula Partition Rent upno a personal thing Salary Servant Steward Surgery Tabling Tabling and physick Taylor Vendition Servant Wife Voluntary per Cryer Shrieve Neglâ—gent escape per Shrieve Marshall Deputy Mayor de Staple Lord de Franchize Grannt penalty Annuity For Life In Tayle Annuity or Rent in Fee Judgment given in debt for the principall For damages and costes Fine Amerciament Judgment out of Court as statute Recognizance Account at the common law Arbitriment By laws or ordinances Matter in law as for Ayd For an Annuity against a Customer c. after delivery of a Liberate Pro rationabili parte bonorum For a reliefe per executor For Tolle For Escuage Simple Obligation conditional County Administrator Husband and wife Against a collector By executors Wife executrix Against executors Heire Ordinary Nota. Nota. Account For arrerages of account 2. before auditors 2. before auditors Lord. Lending to successor To the party Baylment Contra a Reall 1 for years 2 for life 3 at will Contract personal Servant Rent upno a personal thing Salary for a Counsellor Atturney Servant Steward Tabling Vendition Escape Judgement in Court Debt for damages For fine or amerciament Judgment out of court Arbitriment Obligation simple Accord Acquittance Attachment Attainder Nil debet Non composti mnetis Payment Obligation condionall Accord Conditions performed Arbitriment Condition to levy a fine Deed pol. Condition Impossible condition Payment Permit â—etainer â—arr generall to an obligation Acquittance Coverture Infancy Non est factum Recovery Release â—ymony Statute Statute law Against an executor 〈…〉 Against â—n heir Possession Note Tenant for years Lessee Husband and wife Coppy-hold Executorâ— Church-wardens Tenant by elegit Tenant in common Husband and wife Estranger Feoffee Grantor Heir Lessor Recoveror Lord. Tenant in common Cattell Wood. Chamber Tythes Garden c. Water-course Hundred Mannor Messuage Chappel Mill. Pasture Oxe Meadow Rectory Reversion Land Bishop Husband and wife Person Lease Demise Accord Dures Ejecit Entâ—ie Surrender Note Quid. Note Cestui que use Chancellor Defendant Half blood Corporation Bishop Ratione patronatus Ratione Lapsus In what case Lapse cannot incurre without notice Parson Prebendary Dean and Chapter Aggregate Corporation mixt In his own right Creation Ratione temperalium Outlary Symony Note Disseisee Executor Enfant Feme Covert Feoffee or Grantee 1. of the King 2. of another Daughter Founder Joynt-Tenants Nominator Parceners Procurator Recoveror Reversâ—oner Queen Lord. Tenant in Tayl. In Dower For life For yeers In common Travers Note Patron sole Incumbent sole Note Plaintif Shrieve Disturbor Chappel Denary Domus Sancti Martini Hospital De Medietate Advocationis Parsonage Prebend Subdeconry Vicaridge Presentation in his own name Presentation in him by which he claims Litigious What shall be accounted Litigious Refusing the Clerk for default in the presentee which is Note Presentor which is Presentation Abatement Appendant Arbitrement Confirmation Discontinuance Fine Warranty No Disturbor Non-suit No such Church Pardon Plenarty Incumbent Presentation Recovery Recusancy Release Upon Default Non-suit Discontinuance Composition Disclaimer Abatement Verdict Single Damages Note Note Administrator Husband and Wife Baylee Executor Joynt Tenant or Tenant in Common Parson Proprietor Lord. Successor Baylee King Lord. Shrieve Cattels Wood. Barge Mastiff Deeds Bees Ferret Grain Man Sheep and Lambs Park Sow and Pigges Cows and Calves Yarn Misnosmer of the Place County Village For Fine or Amerciament in a Court Leet Tax by Parliament Amerciament in a Court Baron Amerciament in Tourne Tax by the Inhabitants Suit to a Mill. Rent-service Herriot For a certain Leet Ayd Suit to the Hundred Relief Agistment Inholder Estray Pledge Toll Damage feasant Forfeitures Arrerages Rent Rent by prescription Rent Charge Money Cattel in a waggon Lord. Horse Goshawk Fishes Hive of Bees Door or Window Milstone Anvil Barge Lord. Sheep Plough Cattel in Dower Yarne Cattel Default of Inclosure Damage fesant Sheep Lord. Common Services and A. merciaments Husband and wife Reversion Damage fesant Leet Tourne of the Shrieve For a â—ax by the Parliament For service Herriot Service House Estranger Glebe Lessee Lords Fee Fresh suit Pound Rent-Charge River of Thames Court Leet
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
Inmate High Wayes Excessive 1. Bar. Grain 2. Justification Quoruplex Administrator Husband and Wife He to whose use Commoner Executor Woman Gardein in Soccage Parson King Tenant at will Tenant at sufferance 1. Amerciament Corrody Damage fesant Forfeiture Herriot Relief Rent Services Ancestor Feoffer Predecessor Ancestor Disseisor Infant Feoffor of the tenant Joynt-tenant Resyants Tenant Avowry Superior Inferior Annuall Antient seisin Amends Common Disclaymer Grant by Tenant in tayl Out of his fee. Note Injuria sua propria Ought to inclose and did not Coparcener Nothing in arreare Release Seisin Not seised Not seised within â—0 years Seisin avoided in avowry Tenure Tender Retorno habendo Nul Returno habendo Return irreplevivisable 1. At Common-law 2. At the Statute-law County Court Note Marshalsey Chancery Com. Ban. Regis Antient Demean Note Administrator Executer Administrator Alien Husband and wife Nota. Chaplain of A. Chapel Commoner He that hath not the soyl He to whose use Copyholder Disseisee Executor Goaler Church-wardens Heir Ravishment Grantee Heir Lessor Lessee Master Ordinary Parson Protected person Possessor Note King Queen Recusant Bishop Master of an Hospital Tenant at will Copyholder Tenant in common Tenant for anothers life Tenant at sufferance Outlawed Administrator Agreement Alien Attainted person Attorney Husband and wife Commandâ—r Body politâ—ck Dean and Chapter Maior Communality Disseisor Infant Executor Gardian Ideot Judge Auditors Miller Queen Lord. Deaf and dumb Tenant at will Tenant by sufferance Tenant in Common Meer-stone Shrieve Outlaw Inheritance Note Castle Messuage Mill. Piggeon-house Lane Meadow Wood. Park Forrest Chase Pond Tythes Trees Inheritance Fishing Warren Swans Toll Wreck Waif Estray Fellons goods Fair or Market Frank-foldage Chattels Real Sonne Daughter Heir Woman Battery Imprisonment Servant Apprentice Prisoner Captive Chattels personals Living Boare Oxen. Mastiff Capons Conies Deer Hawks Fish Bull. Capta fugata Hogges Capta fugata imparcata Capta interfecta Districta Note Impercata Catalla Percussa Catalla Tonsa Catalla Chattels dead Arrestata Wooll Capta asportata Money Coles Plough horses Writings Hay Corn. Tymber Ship Obligation Will. Coat VVine Cloathâ— Thâ—rnâ— Shocks of wheat Upon Judgment in Court out of the Realm Ireland VVales Dodderidge De priucipalitate 〈◊〉 â—iae fol 18 I le of Man 2. VVithin the Realm in Court superior as Parliamenâ— Ban. Regis Com. Ban. Exchequer Inferiour Court Assises Oyer Terminer Conusance granted to a City or Village corporate Judgement Note Forest Stannarieâ— Custom London Note Cinque-ports Village Common right Marshalsey Pypowder Parties Conusor Corporation Disclaym Non-tenure Survivor Outlawed Conspiracy Infant Retraxit Reversion Heir Prey in Ayde Patron Garnishee Tenant Vouchee Heir general Heir special Executor Administrator Successor King Bishop Reversion Estranger Conusor Tenant King Ireland Bill sealed Process Errors assigned Against whom a Scire facias in error shall be sued Other County Terretenant Former Judgement Cardein in right False Judgement Feofment Scire facias in Fellony Delay Error in London Diminution Note Assign errors Conusor Executor Party R vertioner Successor Sci. fa. Demurrer Record New writ of Error False Judgement Error without a day Bill sealed Challenge Priviledg Conusanee Pattent Bill sealed Transcript Priviledg Claim Record removed Proclamations Award Account Trespass Formâ—don Trespass Quare impedit Partition Day Record Praecipe quod reddat Transcript Statute Merchant Antient Demean Ireland Fine Recovery Infancy Feme Covert Husband Note Note 1 Original 2 Form 3 Count. 4 Pleading 6 Warrant 7 Appeal What things are amendable after verdict â— Material varience 3 Misprion of the Visne 4 Shreives Return 5 Jury 6 Venire facias 7 Verdict 8 Action 9 Crown 10 Law Iudgement Concessum est pro 〈◊〉 eratum est Jurisdiction of Court In proces Iudge Visne Visne In Replevin In waste Trover Conversion Trespass Condition to pay mony Obligatition Eejectment Debt Feofment In nullo est erratum Release Seisure Assize Information upon intrusion Quare impedit Redisseisin Utlawry
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.
   Ban. Regis Judgement given   Superior Chancery In Court of Record  Com. Ban.  Exchequer   Prescription  Custome   Inferior by Pattent   Common-Right  Court Baron For principall Not of Record  County For damages and losses   Antient Demesn in any Mannor For Fine or Amerciament   Marchant  Out of Court Statute Staple    According to 23 Hen 8.   Recognizance   Account at common law   Arbitriment    By law or Ordinance  If a man brings debt upon a recovery in com Ban. he ought to bring it in Middlesex wherethe record is because it is the Originall but a scire facias to execute one Judgement shall be where the Originall was because it ought to follow it Hil. 9. Jac. Ban. Regis Musgrave versus Wharton Arrerages recovered in a scire facias upon Judgement in annuity against the predecessors debt lyes upon it Nat. br 122. E. 22 Edw. 4. 1. pl. 6. Debt recovered in court of Pypowders and debt brought upon it in com ban super tenorem recordi and good 7 Hen. 6. 19. If a man recover damages in wâ—st he shall have debt for the damages Nat. br 122. C. 43 Edw. 3. 2. pl. 5. the count Lib. intra 197. C. sect 15. Debt for damages in Assize 32 Hen. 6. 29. pl. 23. but then this ought to agree with the Record the count Lib. intra 194. D. sect 7. So for damages in a Mort-dauncester 46 Edw. 3. 25. pl. 10. The Plaintiff in com ban is non-suited and the record removed by writ of error the defendant shall have debt for his costes 29 Hen. 8. Dyer 32. pl. 5. Damages recovered in antient demeasne and the tenour of the record was removed by Cercâ—orari debt lyes upon it for the damage 39 Hen. 6. 3. pl. 5. count Lib. intra 195. C. sect 11. Damages recovered before the Mayor of Hull debt lyes there 11 Hen. 4. 12. Debt lyes for a fine Coke 8. part 41. B. Greisleys case 7 Hen. 6. 2. B. Debt lyes for an amerciament in a Leete Lib. intra 151. B. sect 1. 23 Hen. 8. br Leete 37. The count Lib. intra 151. B. Debt lyes in a Court barron No. Lib. intra 118. B. sect 1. Debt lyes upon a Statute Merchant Staple and according to the 23 Hen. 8. Nat. br 122. C. 11. Hen. 6. 49. pl. 7. Debt lyes upon a Recognizance Nat. br 122. C. 11 Hen. 6. 49. pl. 7. Eliz. Dyer 306. pl. 63. The count Lib. intra 192. B. sect 1. Or upon the tenor of the Recognizance 39 Hen. 6. 3. pl. 5. 22 Eliz. Dyer 369. pl. 52. So upon a Recognizance taken before the Mayor of Hull 36 Hen. 6. 2. pl. 2. Debt brought upon a Recognizance after the Recognizance and afore the enrollment and good Passc 43. Eliz. com ban Debt lyes upon arrerages of Account at the Common law the count Lib. intra 149. A. sect 1. Also a Bayly shall have debt upon the surplusage of account Nat. br 121. I. 38. Hen. 6. 5. 19 Edw. 2. Debt 176. He ought to count the place and day where the Auditors were assigned Hil. 32 Eliz. com ban Lord Dacres case But if the Lord will not hear his account he hath no remedy for the surplusage 7 Edw. 3. 12. per Herle But not by a Receiver 38. Hen. 6. 5. pl. 14. Mich. 12. Jac. ban Regis Countesse de Suffolk versus Floyde But a receiver for Merchandize shall have it 38 Hen. 6. 5. Prisott et Moyle Debt lyes upon an Arbitrement Nat. br 121. G. Coke 9. part 92. B. the count Lib. intra 153. C. sect 1. Debt lyes upon an ordinance or by law Coke 5. part 64. A. A Paine upon one in a leete to reform a nusance and afterwards it is presented that it is not done the Lord shall have debt 23. Hen. 8. br Leete 37. Penalty inflicted upon one in London per the common counsell debt lyes for it in Ban. Regis Mich. 9. Jac. ban Regis Debt lyes for the daughter for Ayd to marry her Nat. br 83. A. et 122. G. A man having an annuity of the King delivers a writ to a customer which hath assets he shall have debt Nat. br 121. F. So if he deliver a Talle to a customer 27 Hen. 6. 9. pl. 1. So if he deliver a Talle to a collector of tenths and fifteens 37 Hen. 6. 15. pl. 5. Debt pro rationabili parte bonorum where the custome gives such part Nat. br 122. L. 3 Edw. 3. Debt 156. The count was that the sonne or daughter which is not heir nor preferred in the life of the father shall have a reasonable part and shewes the things to the value c. Lib. intra 564. B. sect 1 But shall not have this writ but where such custome is 40 Edw. 3. 38. pl. 13. Mowbray 7 Edw. 4. 20. pl. 23. For it cannot be founded upon Magna charta cap. 8. because it is but only foreprised Regist orig 141. B. 30 Edw. 3. 26. A. Seton But other Bookes say it lyes at Common-law Nat. br 122. L. Glanvil Lib. 12. cap. 20. 17 Edw. 3. 9. pl. 29. And the account is upon the common law No. Lib. intra 565. A. sect 2. So debt lyes where the custome is that the heir shall have the principall goods 30 Edw. 3. 2. pl. 9. 39 Edw. 3. 6. pl. 24. et fol. 9. pl. 15. Executor shall have debt for a relief because it is but an improvement of the service Coke 4. part 49. B. 34 Edw. 1. Avowry 233. 11 Hen. 6. 15 pl. 4. And it is a chattell to the executor 34 Edw. 3. Advowry 233. But the Lord shall not have debt Coke 4. part 49. B. 7 Hen. 6. 13. For it is no chattell to the Lord 34 Edw. 1. Avowry 233. Tolle shall be recovered by debt 20 Hen. 7. 1. pl. 2. but vide librum et quaere Debt lyes for Escuage after that it is assessed per parliament for then it is a duty certain Crooke 133. pl. 111. Debt lyes upon a simple obligation count Lib. intra 178. B. sect 1. Vide versus Attorney vel sarvientum ad legem fol. 174. D. sect 5. et 6. Debt upon a bill to pay within a moneth after that the Plaintiff shall come from Jerusalem he needs not give notice to the defendant because he is bound to pay it at his perill Hil. 9. Jac. Ban. Regis Edmonds Obligation with condition to performe covenants No. Lib. intra 130. B. sect 14. Obligation to discharge and save harmeless the shrieve of all escapes of persons in execution A good breach to shew that one was in execution per capias c. and suffered him at large without shewing 1 that he was at large 2 without giving notice and request to save him
an Advowson belongs Enfeoffes A. which grants the Advowson to B. and Reinfeoffes the Tenants in Tayl the Issue shall not have a Quare Impedit because the other had no remedy Nat. br 35. B. 19 Hen. 6 30. Tenant in Tayl Leases his estate over the Church voids he dies the Issue in Tayl shall present 9 Edw. 3 10. Tenant in Tayl suffers an usurpation before the Statute the Issue shall not have a Quare Impedit after the Statute 8 Edw. 2. Quare Impedit 167. Tenant in Dower shall have the third presentment Nat. br 33. L. 33 Hen. 8. br Presentment 55. 15 Hen. 7. 17. So if she have the third part of a Mannor to which an Advowson belongs Nat. br 34. Q. 6 Edw. 3. 215. Tenant for life shall have a Quare Impedit 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. Tenant for years shall have a Quare Impedit although he doeth not present within the Terme Nat. br 34. B. 9 Edw. 3. 338. pl. 6. 39 Hen. 6. 39. Tenant in common shall not have it without his Companion Nat. br 34. V. 14 Eliz. Dyer 304. pl. 52. 33 Hen. 6. 11. B. He that traverseth an office and hath the Land in Farme shall have the presentment if it be void during the time so it be found for him although no mention be made of the Advowson Nat. br 34. P. 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 Against whom a Quare Impedit lyes It lyes against a Patron sole 29 Hen. 6. 57. 19 Hen. 6. 67. pl. 14. fol. 73. pl. 1. et fol. 75. pl. 5. But then the Incumbent shall not be removed 29 Hen. 6. 57. 7 Hen. 4. 34. 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. et fol. 75. pl. 5. If it be against an Incumbent sole it shall abate 3 Hen. 4. 2. Quare Impedit 113. 41 Edw. 3. 2. Br. Quare Impedit 24. vide 47 Edw. 3. 10. But note this is intended when the inheritance estate or interest of the Patron in the Patronage is to be devested by the Judgment for otherwise he ought not to be named Coke 7 part 26. B. Halls case When there is no Patron the Writ shall be against the Incumbent sole 13 Hen. 8. 12. 4 Hen. 8. 3. When the King presents it lyes against the Incumbent sole because the King shall not be sued Coke 7. part 26. B. Halls case 32 Hen. 8. Dyer 48. pl. 16. 24 Edw. 3. 77. pl. 103. Crooke 19 Hen. 7. 53. pl. 9. It lyes for the Defendant against the Plaintiff if the Clerk of the Defendant be not instituted Nat. br 35. C. 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. The King grants a free Chapel to B. by Patent if the Shrieve will not put him in he shall have a Quare Impedit against the Shrieve and the Writ shall be general 14 Hen. 4. 11. pl. 9. Haukeford Quare Impedit of what disturbances it lyes If a Disturbor presents three times within the six moneths Quare Impedit lies for the former Nat. br 35. R. The Ordinary refuses to grant a Jure Patronatus or to admit the Clerk a Quare Impedit lies 33 Hen. 6. 12. 32. 34 Hen. 6. 11. 35 Hen. 6. 38. So if it be Litigious and the Ordinary admit a Clerk without awarding a Jure Patronatus 22 Hen. 6. 25. Bre. 83. So if he do not admit him within convenient time 22 Hen. 6. 29. The Bishop refuses to admit the Clerk because it was first found in a Jure Patronatus this is a disturbance Nat. br 35. G. Unless the Admittas be delivered to him 21 Hen. 6. 44. Quare Impedit of what things it lyes And if one be disturbed before the Statute yet he shall have the Writ because the Statute refers before aswel as after 6 Edw. 3. 221. pl. 51. The Count Lib. intra 646. C. It lies of a Chappel 22 Hen. 6. 25. B. And it lies by Westm 2. cap. 5. Lib. intra 52. A. Sect. 2. The Writ shall be ad Capellam Nat. br 32. H. 8. But if the King brings a Quare Impedit of his Free Chappel it shall be Presentare ad Prebendam in his Frank Chappel Nat. br 33. 16 Edw. 3. 3. It lyes of a Denary 17 Edw. 3. 40. It lies of Domus Sancti Martini in Bristol Nat. br 33. G. It lyes of an Hospital Nat. br 33. G. pro Westm 2. cap. 5. the Count. Lib. intra 506. C. Sect. 1. It lyes not de medietate Advocationis neque de Advocatione medietatis Nat. br 33. A. 33 Hen. 6. 11. B. Prisolt vide 4 Hen. 6. 15. B. But in such cases the Writ shall be general scil ad Ecclesiam and not ad medietatem Ecclesiae but the Count shall be special Coke 5. part 102. Winsors case 16 Edw. 6. Dyer 78. pl. 44. But where there are 2 severall Patrons and 2 severall 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 21 Hen. 6. 4. pl. 8. in fine One person saies that he was Parson but of the Moiety of the Church 7 Edw. 3. 246. pl. 24. Quare Impedit of the Moiety of the Church It lyes of a Parsonage and the writ shall be ad Ecclesiam because Ecclesia is intended of a Parsonage Nat. br 32. H. It lyes of a Prebendary Per Westm 2. cap. 5. The count Nol. lib. intra 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. It lyes of the Subdeconry of Yorke Nat. br 34. G. The writ shall be quod permittat cum praesentare and yet the King gives it by his letters Patents Nat. br 34 G. It lyes of a Vicaridge per 2 Westm cap. 5. The writ shall be ad Vicariam Nat. br 32. H. The count in a Quare Impedit He that brings a Quare Impedit in his count ought to alledge presentment in himself or in his Ancestors or in him by which 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. 2. If he recover in a Writ of right then he may
alleadg the presentation in him against whom he recovered Nat. br 33. J. Or may have this without alleadging any presentation but may count upon the Record Nat. br 36. A. If he recover in a Quare Impedit 42 Edw. 3. 8. pl. 5. 3. He may alleadg seisin in the Procurator Nat. br 33. J. 17 Edw. 3. 60. et 75. He that alleadges presentation ought to shew that the Presentee was instituted although that it was against a common Person But against the King he ought to shew that he was inducted Com. 528. Bickleys case Coke 6. part 49. Boswels case And such presentment ought to be within memory 17 Edw. 3. 10. Devisee for life alleadges the presentation in himself and good Coke 5. part 37. 8 Hen. 5. 10. The presentation of Tenant for life Coke 5. part 97 98. For years 7 Edw. 4. 20. 22 Edw. 4. 9. B. In Dower Courtesie At Will 5 Hen. 5. 3. pl. 6. These are the presentments of him that hath Fee The King grants the Advowson to A. the Church being void and presents 13 Eliz. Dyeâ— 330. pl. 36. grants or presents by Lapse 21 Eliz. Dyer 364. pl. 28. But the Issue in Tayl ought to alledge presentment in the Donor because he derives his title from him Com. Mauxels case fol. 4. B. If it be alleadged in the Donor or Donee Lessor or Lessee it is not double because the presentment of the Lessor or Donor is onely traverseable Coke 5. part 98. A. Northumberlands case For the Lessee ought to alleadge it in the Lessor Coke 5. part 98. A. Yet Presentation by him is good 8 Hen. 25. 4. But in the Judgement of the Law this is the Presentation of the Lessor Coke 5. part 89. Purchasor may alleadge that in whose Estate he hath 13 Hen. 8. 12. pl. 2. 2 Edw. 3. pl. 29. 1. 6. Edw. 3. 204. pl. 7. Nat. br 33. H. He that brings a Quare Impedit ought to shew specially although the Church become void 5. Edw. 4. 72. B. for he may be removed out of the possession by Spoliatious Disseisin or be outed otherwayes yet the Church is full The Process in a Quare Impedit 1. before appearance 2. after Vide Lib. intra 52. B. Sect. 1 2 3 4 5 6 7 8. At the Common-Law it was but a Distress infinite 11 Hen. 6. 3. Martin But per Marlebridge cap. 12. if he appears not at the Grand Distress a Writ shall Issue to the Bishop 24 Edw. 3. 37. 5 Edw. 4. 115. 7 Eliz. Dyer 241. pl. 48. 7 Eliz. Dyer 241. pl. 1. Nat. br 38. N. The same Law in a Scire Facias by the King upon A Judgement in a quare Impedit 14 Edw. 3. Quare Impedit 5. So if the Shrieve return a Nihil upon the Grand distress 12 Hen. 4. 4. Hankeford 21 Hen. 6. 56. pl. 13. 11 Hen. 6. 3. pl. 8. because the proces is determined vide 27 Hen. 6. 5. pl. 32. And this is for the mischief of the Lapse 24 Edw. 3. 37. But if a Nihil be returned upon the summons Attachment and distress quaere 11 Hen. 6. 3. a Writ to the Bishop 4. yet the better opinion there is that a Writ shall Issue to the Bishop And if a Quare Impedit be against two one appears at the Grande Distress the other makes Default a Writ shall Issue to the Bishop pro querente against him that made Default Nat. br 39. B. 14 Hen. 7. 19. Quare Impedit against the Bishop and B. B. makes Default at the Grande Distress the Bishop pleads that he claims nothing but as Ordinary the Plaintiff shall have a Writ to the Bishop after the Count made 10 Hen. 6. 4. Writ to the Bishop 3. The Defendant appears after appearance makes default the Plaintiff shall have a Writ to the Bishop 2 Hen. 4. 1. pl. 3. Nat. br 38. S. At the Grande distress the Defendant pleads to Issue and makes default a Writ shall Issue to the Bishop without more for the Grande distress was Issueable 16 Edw. 3. Writ to the Bishop 17. 12 Edw. 2. Quare Impedit 168. Default at the Grande distress the Plaintiff shall have Judgement Lib. intra 507. A. Sect. 1 2 3. Judgement The Plaintiff is Non-suited the Defendant shall have a Writ to the Bishop without making title as it seems but the surest way is to make title 33 Hen. 6. 1. pl. 2. T. brought an Assize of Darrein Presentment against P. and the Assize was taken by his default and when the Assize was sworn T. withdrawed himself yet P. shall have a Writ to the Bishop although he was not in Court 9 Edw. 3. Darrein Presentment 17. Bar in a Quare Impedit 1. by the Ordinary 2. by others The Church was Litigious and he Collates after the 6. moneths 34 Hen. 6. 41. pl. 10. 5 Hen. 7. 19. 34 Hen. 6. 38. 2 Hen. 6. 44. 18 Edw. 3. It shall be Litigious where there are two Presentations and two Commissions and one found for one and another for another 21 H. â— 44. A. Newton Paston But if the title of one be found and another present and request is made to admit the Clerk for which it was found it is not Litigious 22 Hen. 6. 28. Br. of Quare Impedit 80. If two Joynt-tenants or Tenants in common present severally it is not Litigious Doct. Student 116. A. If two present severally and neither the one nor the other pray Commission the Church is Litigious Lib. intra 511. 512. 35 Hen. 6. 18. pl. 27. 8 Edw. 3. 289. pl. 49. Claiming nothing but as ordinary Judgement si c. without special disturbance this is good 5 Hen. 7. 19. 22 Hen. 6. 15. 33 Hen. 6. 12. 32. But the Plaintiff upon this may pray Judgment and have it with Cessat Ezecatio until c. Crook 17 Hen. 7 43. pl. 9. 1. An Alien 7 Rich. 2. and this although he be made Denizen after Ibidem 2. Bastard Coke 5. part 58. A. 11 Hen. 4. 8. A. 11 Hen 7. 12. 11 Hen. 4. 37. but if he be admitted it is good 29 Edw. 3. 44. pl. 3. 3. Blinde Coke 11. part 29. B. 4. Heretick Coke 11. part 29. B. 5. Homicide 38 Edw. 3. 2. 6. Infant Coke 5. part 58. A. 6 Edw. 3. 184. pl. 6. Herle 7. Jew Coke 11. part 29. B. 8. Illiterate 12. Eliz. Dyer 293. pl. 3. Coke 5. part 58. A. Specotts case 40 Edw. 3. 25. pl. 31. 9. Irreligious 5 Hen. 7. 6. 11 Miscreant Coke 5. part 58. A. Specotts case 12. Not able upon examination 39 Edw. 3. 1. pl. 5. 13. Premenire 38 Edw. 3. 3. pl. 9. 14. Himself Patron 31 Hen. 6. 621. 15. Saracen Coke 11. part 29. B. 16. Scismatick Coke 5. par 58. A. Specots case 17. Symonist Lib. intra 532. A. 18. Villein 14 Hen. 7. 28. B. 19. Utlaw Coke 5. part 48. A. Specots case These are good causes of Refusal Where one having a Parsonage in Wales
Rich. 2. cap. 7. because damages are only to be recovered 21 Edw. 4. 3. 2 Henry 7. 17. pl. 1. 47 Edw. 3. 22. pl. 54. 46 Edw. 3. 1. pl. 2. And note none may plead this but the Terretenant 2 Hen. 7. 17. pl. 1. In five ports the writ is Dilecto fideli suo W. Constabular Castri sui D. Custodi quinque Portuum suor salutem Mandamus vobis quod Audita quaerela A. de quadam transgr eidem A. per B. qui est de libertate Portuum praedict illat ut dicitur auditisque hinc inde earum rationibus eidem A. facias exhiberi celeris justiciae complâ—mentum prout de jure secundum legem consuetudinem portuum praedict fuerit faciend ne clamor ad nos inde perveniat iteratus c. Who shall have Trespass Note that he that taketh only the profit of the soyl of another shall not have a Quare clausum fregit 15 Henry 7. 14 Henry 8. He that hath certain acres annuatim shall have Trespass Administrator shall have Trespass for goods of the Intestate taken out of the possession of the Administrator Regist orig 94 A. 22 Edw. 4. 120. pl. 32. the Count Lib. intra 649. D. sect 1. Administrator shall have Trespass for goods taken out of the possession of the Intestat Nat. br 92. A. 14 Henry 7. 13. Tremaile the Connt Lib. intra 640. A. sect 1. An Executor shall have it p. 4. Edw. 3. cap. 6. and the Statute of 31. Edw. 3. gives the same remedy to an Administrator but this is by the equity of the Statute 4 Edw. 3. cap. 7. Crook 24 Hen. 7. 101. B. pl. 2. An Administrator shall have an Action of Trespass before the administration committed to him but not against him that justifies under the Ordinary 18 Henry 6. 22. pl. 7. 36 Henry 6. 8. A. Prisott Register original 102. B. But if the Administration be committed by word to A. who sells it to B. and dyes and is committed to C. quaere if C. shall have Trespass for it Alien friend shall have all Actions personals 6 Henry 8. Dyer 2. pl. 8. Coke 7. part 17. A. But an alien Enemy shall have no Action 6 Henry 8. Dyer 2. pl. 8. Coke 7. part 17. A. 14 Henry 8. 4. Husband and wife Executrix to B. joyn in Trespass for taking the Goods during coverture 21 Edw. 4. 5. per Littleton Trespass done to the wife sole which takes a Husband they shall have Trespass in their names Nat. br 87. H. Regist orig 95. A. 21 Hen. 6. 30. pl. 16. Lib. intra 6. 50. C. sect 3. and it shall be bona catalla of the wife 7 Henry 7. 2. vide 14 Elizabethae Dyer 305. pl. 59. the Count Lib. intra 650. C. sect 3. Husband and wife joyn in Trespass for the beating of the wife 46 Edw. 3. 3. pl. 5. 22. Assise 60. 87 Regist 105. B. Lib. intra 612. 668. C. sect 4. So for imprisonment of the wife Coke 5. part 59. A. Fosters case But if they joyn for battery of both this abates for the battery of the Husband 9 Ed. 4. 54. 3 Edw. 3. brev 737. And if they brought a Trespass for beating and taking away of Goods the writ shall say de bonis of the husband for the wife cannot have a property during the coverture Regist orig 105. B. And if the Husband and wife are beaten they shall have several Actions Regist orig 105. in the Note quia transgressio personalis Trespass quare domum suam fregit maremium inde c. good by the Husband alone because he may pull it down and sell it 43 Edward 3. 16. pl. 15. fol. 26. pl. 6. So for entring and chasing and carrying away of the Deed although the wife had a joynt estate yet it is a personal thing 43 Ed. 3. 8. pl. 23. So for Deeds concerning the Land of the wife 8 Hen. 5. 9. pl. 13. So in trespass upon the Statute 5 Richard 2. cap. 7. because he only shall have dammages 38 Henry 6. 3. pl. 9. 4. Edward 4. 13. So for taking away of his wife and his goods Nat. brev 89. O. 14 Henry 6. 2. pl. 11. 6 Edw. 3. 208. pl. 2. 43 Edw. 3. 23. pl. 15. 44. Assize pl. 13. Regist orig 97. A. for this is given by Westm 1. cap. 13. Westm 2. cap. 34. Quando breve fertur de aliquibus ad liberum tenementum annexis fiat in nomine amborum sed si sit deâ—rebus libero tenemento non annexis in nomine viri tantum sed si sit de domo fracta sit in nomine amborum sed alii Clerici dicunt quod fiat in nomine viri tantum Regist orig 108. B. Vide tamen in nomine amborum de clauso fracto bona c. Lib. intra 640. B. sect 4. fol. 662. D. sect 21 Rich. 2. brev 933. The King collates and the Shrieve puts him in he shall have Trespass Nat. br 37. D. Commoner shall not have Trespass for any thing in the Land 4 Hen. 7. 3. 15 Henry 7. 13. pl. 1. fol. 12. pl. 23. A. le ts Land to B. for to sow and A. to have the moyety of the Corn yet B. cannot have trespass Quare clausum fregit against him for wasting of the corn Hill 30 Eliz. Hare versus Oakley And although this was not pleaded in abatement yet the special matter being found the Plaintiff shall not have judgement because it appears to the Court they cannot be disjoyned to have an Action in such form He to whose use shall have Trespass in his own name but in the name of the Feoffees Crook 17 Hen. 7. 41. pl. 2. Copyholder shall have trespass for the breaking his close and cutting his Trees 2 Hen. 8. 4. 12. Coke 4. part 21. B. No. lib. intra 644. C. sect 3. the pleadings He shall have it against the Lord 20 Edw. 3. 80. Coke 4. part 22. A. Disseisee shall have Trespass for the mean profits and all other things after his entry Coke 11. part 51. A. Liffords case 3 Henry 4. 13. pl. 18. Gascoigne 37 H. 6. 7. pl. 13. But before his entry he shall not have Trespass for his former entry 32 Hen. 6. 32. A. 38 Henry 6. 28. A. Fortescue Unless in case of necessity as Tenant for the life of another is disseised and he that hath the life dyes or Tenant for years outed and the years expire they shall have Trespass afore the entry and recover the mean profits 38 Hen. 6. 28. B. Executor shall have Trespass for goods taken out of the possession of the Testator Nat. br 87. E. Regist 98. A. And the writ shall not say ad grave damnum neque in retardationem executionis testamenti Regist orig 98. A. the Count Lib. intra 640. A. sect 2. But this was given by the 4 Edw. 3. cap.
B. shall have Trespass before possession for he hath the property in Law 2 Edw. 4. 25. per 2 Justices Coke 3. part 26 27. Butler Baker Trespas brought it was found by office that the other was Tenant and that it escheated to the King this shall abate it as to the things upon the Land Com. 488. B. Nichols case 546. A. 19 Edw. 4. 2. pl. 5. He that enters upon the possession of the King shall not gain possession therefore he shall not have trespass Com. 546. A. Paramors case 2 Hen. 4. 7. pl. 29. Or upon a Farmor of the King 2 Hen. 4. 7. pl. 29. But he that outs the Farmor the King shall have trespass Com. 546. A. Paramors case The King shall have trespass Nat. br 90. I. Regist orig 99. A. And in this Case the party cannot make fine because the dammages are to the King himself 10 Hen 4. 3. pl. 7. But for trespass in the Kings lands there use to be an information in the Chequer Nat. br 90. I. And in such case the judgement is that the party shall be removed and put out of possession although that it be but a personal sute and the removal shall be by writ formed in the case Com. 561. B. But the King may have a Trespass Quare clausum fregit Nat. br 90. I. The Queen shall have trespass without the King Nat. br 101. Recusancy shall be pleaded in disability for as many Hereditaments as are not seised into the Kings hands 3 Jacobi chapter 5. A Bishop shall not have an Action of Trespass made in the vacation 39 Edw. 3. 12. pl. 18. 18 Edw. 2. traverse 237. Vide tamen Regist 101. A writ formed in such case for the succeeding Bishop Master of an Hospital shall have an Action of Trespass for a thing done in the time of his Predecessor Nat. br 89. G. Regist orig 196. B. the writ there Tenant at will shall have trespass against a Stranger 19 Hen. 6. 45. pl. 94. 12 Edw. 4. 8. pl. 20. 35 Hen. 6. 5. pl. 7. For entring his Close and burning his hay 35 Hen. 6. 5. pl. 7. Copyholder shall have trespass Coke 4. part 31. A. 2 Henry 4. 12. pl. 49. Coke 4 part 4. 21. B. 23. B. and this before his admission per discent The joyn in trespass touching Tenants Littleton sect 315. 18 Hen. 6. 5. 14 Hen. 6. 9. pl. 38. 12 Hen. 6. 4. pl. 11 4â— Edw. 3. 13. 5 Hen. 4. 1. 14 Hen. 4. 31. 43 Edw. 3. 24. pl. 3. 22 Hen. 6. 12. But if one dyes the other shall have an Action for all 43 Edw. 3. 24. pl. 3. They ought to joyn in Trespass 5 Rich. 2. cap. 7. 34 Hen. 6. 32. pl. 16. 4 Edw. 4. 18. 21 Hen. 7. 22. Note for battery they shall not joyn Regist orig 105. B. A. had male Swans B. female which having young ones for the young ones they shall joyn because they are Tenants in Common Coke 7. part 17. A. 2 Richard 3. 15 16. One Tenant shall not have trespass de bonis asportatis against his companion that takes them Lib. intra 653. B. sect 3. Tenant for anothers life is disseised he that had the life dyes Tenant for anothers life shall have trespass without reentry because the Act of God shall not prejudice him 19 Hen. 6. 28. B. Aschough Coke 5 part Kniets case Tenant at sufferance shall not have trespass Crook 17 Hen. 7. 47. A. If a man be outlawed or attainted in trespass or felony and pardoned he shall have trespass for trespass done to his person before the pardon 29 Assize pl. 63. No. Lib. intra 248. A. 30 Edw. 3. 4. pl. 18. But for other trespass quaere 5 Edward 3. 170. But before Scire facias he cannot without doubt because the pardon was conditional 21 Edward 3. 55. pl. 7. Against whom Trespass lyes Administrator takes the goods of B. which proves as will by which he was made Executor and brought Trespass and it lyes although the administration were never repealed for the administration was voyd and the Administrator a Trespassor Mich. 12 Jac. Ban. Regis Fisher Young A. makes a Trespass B. agrees to it afterwards and avows yet B. is no Trespassor 9 Edw. 3. 35. pl. 17. Trespass lyes against an Alien Digest br 72. A. Person attainted shall be sued Mich. 38 39 Eliz. Com. ban Banister Trussell No. lib. intra 248. A. Infant makes a Letter of Attorney to A. to take a Livery for him A. takes it the Infant shall not have trespass because it is for his advantage 21 Hen. 6. 31. B. Ascue Trespass De muliere abducta cum bonis c. gift against husband and wife because the wife may assent to the Ravishment and also to the carrying of the Goods 43 Edw. 3. pl. 15. 44. Assize 13. Trespass against Husband and wife the wife is taken by Capias but not the husband Dodderidge and Haughton Justices said that if the Declaration be against the wife alone it is not good and if there be no Declaration the wife shall be at large but afterwards Dodderidge said a Declaration shall be put in against the Husband and wife and the wife appearing shall be committed to prison to which Crook agreed yet qâ—aere what was done in it Mich. 15 Jac. Ban. Regis Ashewell against Opshard and his wife If the Woman beat another the Husband must be named in the Writ Register original 105. B. Lib. intra 612. A. sect 11. Trespass lyes against him that commands another to do a Trespass Doct. Stud. 19. A. tamen quaere It lyes against a Master of an Hospital and his brethren Register Original 105. B. It lyes against a Dean and Chapter 32 Hen. 6. 8. pl. 13. It lyes against a Maior and Communality Quare vi armis 38 Edward 3. 18. 8 Henry 6. 1. 9 Henry 6. 36. 20 Henry 6. 9. 15 Edward 4. 2. 4 Henry 7. 13. 32 Henry 6. 10. But no Capias lyes against them because they cannot appear in person 45 Edw. 3. 2 3. 22 Assize 67. 21 Edw. 3. 59. pl. 1. Disseisee shall have trespass against his Disseisor before his entry for the former entry 32 Hen. 6. 32. 38 Hen. 6. 28. A. Fortescue But after his entry he shall have trespass against the Disseisor for all the mean profits Coke 11. part 51. A. Liffords case 3 Hen. 4. 13. pl. 18. Gascoigne 37 Hen. 6. 7. pl. 12. But shall not have trespass against the Disseisor of the Disseisor for then the last Disseisor should be twice charged Coke 11. part 51. Neither against the Feoffee or Feoffor of the former Disseisor 34 Henry the 6th 30. pl. 14. 13 Henry the 7th 15. Coke 11. part 51. Liffords case 2 Edward 4. 18. pl. 12. per 2 Justices Crook 12 Henry 7. 1. pl. 2. But
away his son and Heir and marrying him Nat. br 90. H. 29. Assize 35. 3 Edw. 4. 12. B. Danby 21 Hen. 6. 14. pl. 29. Nat. br 143. R. The Writ is quare filium haeredem and yet he is not heir during his life 8 Edw. 3. 2. Travers 235. For taking away his daughter and marrying her Regist orig 98. B. Heir Regist orig 99. A. Coke 3. part 38. Ratcliffs case 12 Hen. 4. 16. pl. 9. Consanguineum haeredem suum rapâ—â—â— Nat. br 143. R. 30 Edw. 3. 6. pl. 7. fol. 16. pl. 19. And needs not mention that he is within age because he shall have his marriage c. 32 Edw. 3. Gard. 32. For taking away a woman cum bonis viri upon the Statute of Westm 2. cap. 34. Nat. br 89. O. 6 Edw. 3. 208. pl. 2. 14 Hen. 6. 2. pl. 11. the Count Lib. intra 662. C. sect 1. And this lyes although they are divorced 43 Edw. 3. 23. pl. 15. 4. Assize pl. 13. Assault Battery and wounding the Count Lib. intra 668. C. sect 4. Imprisonment until fine be made 6 Edw. 3. 208. pl. 2. For threatning my servant per quod Regist orig 94. B. The Plaintiff needs not count upon the Retainer 21 Hen. 6. 31. pl. 18. 22 Hen. 6. 30. B. 43. B. 31 Hen. 6. 12. pl. 2. Assault and Battery per quod c. Regist. orig 102. A. Nat. br 91. I. The Count Lib. intra 613. B. sect 19. 674. C. Sect. 1. he ought to say by which he lost his service Cike 9. part 113. A. 18 Edw. 4. 27. pl. 24. 2 Hen. 4. 12. pl. 49. 20 Hen. 6. 1â— and there it was Quod servitium amisit and good without this word per. Battery Mayheme and imprisonment per quod c. Trespass lyes Crooke 7 Hen. 8. 80. pl. 4. If the Count be not per quod servitium amisit although that Verdict pass for the Plaintiff yet he shall never have judgement 21 Hen. 7. 71. pl. 15. Crooke For enticing my servant to depart Trespass lyes not but an action upon the case 11 Hen. 4. 3. pl. 46. For taking away his Prentice Regist orig 109. A. Per Goaler for taking away his pisoner Regist orig 104. A. 4 Edw. 4. 6. pl. 7. For taking his Captive from him Regist orig 95. A. 102. B. Vat. br 88. A. Si quis diâ—â—ringit ordine non observato facit transgressionem Bracton Lib. 4. fol. 217. A. Averia cepit abduxit Regist origin 97. B. The Count Lib. intra 628. B. Sect. 1. 670. B. Sect. 1. Note for live cattel the writ shall be cepit abduxit Nat. br 88. B. 21 Hen. 6. 39. pl. 5. 12 Hen. 8. 9. B. And the Writ for live cattel shall be Averia sâ—a or shew the thing in certain 21. Hen. 6. 39. pl. 5. And if the thing be dead or alive it is not material if the writ be pretii seu ad valentiam Nat. br 88. â— For taking away his Boar Regist orig 110. B. For taking away his Oxen Regist orig 110. B. For taking away his Mastiff Coke 7. part 18 A. 12 Hen. 8. 3. Regist orig 109. A. but he shall not say pretii or ad valentiam 12 Hen. 8. 5. A. Elliot Regist orig 109. A. For taking away his Capons the Writ was bona catalla and good 17. Edw. 3. 41. pl. 19. For taking away his Conies out of his Close the Writ shall be sâ—os Nat. br 87. A. Regist orig 93. B. 102. A. So if it be in a Park Regist 110. â— But if it be for entring in to his Waâ—râ—n and taking his Conies he shall not say sâ—oâ— for he hath them but ratione privilegii 3 Hen. 6. 55. pl. 34. Regist orig 110. A. Coke 7. part neither the value 8 Edw. 4. 5. pl. 16. Lakin The Writ was Quare Warrennam intravit cunicâ—los cepit asportavit without saying ibidem and yet good 43. Edw. 3. 13. pl. 7. If Conies go out of a Warren any may kill them in his own land and no action lyes Coke 5. part 104. 43 Edw. 3. 13. pl. 7. Deer if they be tame he shall say suas but then he ought to shew that they were tame 43 Edw. 3. 24. pl. 2. But if it be in a Park or Chafe he shall not say suâ—s because he hath them but ratione privilegii For taking away young Hawks he shall say suos because he hath a property possessorie Coke 7. part Regist orig 93. B. 96. B. 110. B. Nat. br 89. K. So if they be reclaimed For taking away a horse Regist orig 95. A. Nat. br 87. M. the Count No. Lib. intra 666. B. Sect. 15. Lib. intra 682. D. For his Sheep Regist orig 110. B. For taking his Fish this is good although the Count be of a hundred Fishes because this word Piscis est nomen Collectivum 4 Hen. 6. 11. Coke 5. part 35. 21 Hen. 6. 39. But the Count ought to shew the nature and number of the Fishes Coke 5. part 35. 31 Hen. 6. 39. De tauro suo libero Regist orig 109. A. Oves fugatas per quod morierunt Lib. intra 616. B. Sect. 1. Nat. br 89. L. Regist orig 97. A. Porcos fugatos per quod interierunt Regist orig 97. A. Nat. br 89. L. There he shall say the price because Cepit implies that he had gained a property but it is otherwise if this word be put out 1 Hen. 5. 3 4. But Regist orig 97. B. fuit Cepit abduxit without shewing the price because it may be he was seised of the Cattel Cepit in S. interfecit at W. contra pacem c. nought because Cepit implies a property and then contra pacem is not good 27 Assiz 64. Averia ad loca incognita fugata upon the Statute of Marlebridge cap. 4. Regist orig 97. A. 102. A. 30 Assize 38. Nat. br 89. N. De Com. in com ibidem imparcata upon the Statute of Marlbridge cap. 4. Westm 1. cap. 16. 1 2 Mariae cap. 12. Regist orig 97. B. 1 Eliz. Dyer 168. pl. 20. 2 Eliz. Dyer 177. pl. 32. Nat. br 89. P. And there are two causes of so doing 1. he cannot give them meat 2. they cannot be replevyed 22 Edw. 4o. 11. Note upon these cases upon the Statute the Writ shall not be general but special upon the Statute 43 Edw. 3. 30. pl. 16. The Action was of a Cow the Count Lil. intra 464. C. Pound For Marlebridge cap. 4. saith districtiones but not upon 1 2 Mariae cap. 12. for the Statute saith Cattel and upon the second branch it lyes well because it is there cattel or goods The Count was of taking in one Country 1 Eliz. Dyer 168 pl. 20. In this action the place of the taking is material because the distance of the place makes
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