all the House 15 H. 7. fol. 11. By Fineux where a Farmer of a Wood makes waste in one corner this onely is forfeited but if it be in divers places of the Wood all is forfeited and the plots in this also 15 Ed. 3. Tit. 108. See the time of Ed. 1. Tit. 122 VVaste against Guardian 4 Ed. 6. Tit. 136. By Bromley if a man make waste in hedge-rowes which inclose a Pasture nothing shall be recovered but the place wasted that is the circuit of the Root and not the whole Pasture 41 Ed. 3. Tit. 24. B. Fitzh 60. T. If a Guardian make waste and the Heir being within age bring a writ of waste by this the Guardian shall loose the VVardship and over that his Damages to as much as the waste amounts unto But if the Heir were of full age that he looseth not the VVardship then he ought to recover treble Damages for that that he cannot loose the VVardship according to the Statute of Glocester 43 Ed. 3. f. 6. VVaste it is a good Plea in Barr that the House fell by Tempest and if he covenant to repair that it is no plea in Covenant 49 Ed. 3. fol. 1. VVaste it is a good Plea that at the time of the Lease that the house was weak and that the great Timbers were rotted that it fell for if any the principal Timbers were rotten it is no waste though he covenant to repair it 8 H. 6. f. 57. Waste it is a good Plea that the Plaintiff hath entered into the Land before which Entry no waste made 8 H. 5. f. 8. Waste it is a good Plea that he surrendred to which the Plaintiff agreed before that no waste made 9 H. 6. f. 11. Waste by the Heir is a good Plea that the Plaintiff hath an elder Brother which survived the Plaintiff and after died after whose Death no waste made and a good Plea 44 Ed. 3. f. 27. Waste against a Guardian in Knight-service who saith that after the Death of the Ancestor J. F. abated against whom the Defendant recovered in a VVrit of VVard after which Recovery no waste made and it is a good Plea 12 H. 4. f. 6. VVaste it is a good Plea that that fell before the Lease 19 H. 6. fol. 66. VVaste that he suffered the House to be uncovered by which the great Timber rotted it is no Plea to say Day of the VVrit purchased the House was sufficiently repaired but to say after the waste and before the VVrit purchased it was sufficiently repaired 8 H. 6. fol. 61. VVaste held where Land is given to the Husband and the VVife and the Heirs of the VVife and the Husband discontinues in Fee and takes an Estate for life and the VVife dies the Heir of the VVife shall not have waste before that he hath purged the Discontinuance 8 H. 6. f. 63. Fitzh 59. E The heir within age shall have a writ of waste against a Guardian in Socage 2 Ed. 2. Fitzh the same Nat. bre 58. If a Guardian in Socage make waste the Heir when he cometh to full age shall have an action of account for that 14 Ed. 3. tit 107. It seems that waste lies against a Guardian in Socage tit 100. Fitzh Fitzh 58. H. There is a writ of waste in the Register for him in reversion against tenant by Elegit which hath the Lands in execution but it seems he shall not have waste for that that he may have a venire facias to account and there the waste shall be recompenced in the debt but by the action of waste he shall recover treble damages which he shall not have in the account Nat. Bre. fol. 37. waste doth not lie against tenant by Elegit nor against tenant by Stat. Merchant but if they make waste account lies 42 Ed. 2. tit 11. fol. If a Lease be made to one to use it in the best way that he can now he cannot make waste 17 E. 3. tit 101. If a Lease be made to one so that he may make his profit of that c. yet it shall not be intended such as common right gives him for he cannot pull down abouse and make waste Action upon the Case Action upon the case in Court baron and other Court and first for slander IT lies for calling one traytor felon and robber of the Kings people and that is to be noted in Iustice Seatons case 30. Ass 19. 22. Book of ass 43. presentment that one a is common Malefactor or a common thief or a common Baretor is not certain and is not good and so it is thought by divers to say that one is a common malefactor or a common baretor this action doth not lie for it is too general 2 Ed. 4. fol. 5. For calling one villain it seems that action upon the case doth not lie 17 Ed. 4. fol. 3. Saith there that an action upon the case doth not lie for calling the Plaintiff villain without more Nat. Bre. fol. 55. There are two desamations or slanders the one spiritual the other temporal temporal where he cannot be punished by the spiritual Law as to say that the Plaintiff is out-lawed of murder conspiracy forging of deeds c. 30 H. 8. tit 104. Lyeth for calling the Plaintiff perjured man for now perjury is punishable in our Law by the Statute of 5. Eliz. yet inquire for that it is not in what Court or cause he was perjured Register fol. 54. For calling the Plaintiff Adulterer or Usurer Defendant shall be punished in the spiritual Court and there doth not lie an action upon the case 4. Ed. 6. tit 112. Lies for calling the Plaintiff a false Justice of Peace 27 H. 8. fol. 13. It lies for calling the Plaintiff theif and inditing him of felony and note the words of the writ are that he is hurt in his goods his name fame and condition 26. H. 8. fol. 11. For calling the Plaintiff Thief and saying that he hath stolen sheep of one I. S. It lies 17 Ed. 4. fol. 3. Lies for writing slander in a paper by which he durst not go about his business 27. H. 8. fol. 17. For calling the Plaintiff Heretick and one of a new learning it doth not lie Book of entries fol. â—2 A president there in an action of the case for calling the Plaintiff false man but inquire if it lies for there was not there exception taken and there is there another president for calling the Plaintiff theif and saying he hath received 20 l. value of his goods In the Book of Entries fol. 13. there is another president of an action upon the case that a certain Letter or Bill with divers slandering words and defaming in the said Bill or Letter he caused to be writ It was the opinion in the Kings Bench that for calling the Plaintiff Rogue Cozener or villain action upon the case doth not he for you shall not have action upon the case for every word of anger reproachful for it is
said that Scandulum is a Greek word which goes to the overthrowe of one and for that it hath been thought that if the words intend to the destruction of the Plaintiff that he shall have an action upon the case and for that where the Defendant saith that the Plaintiff was infected with the robbery of Jerom H. and smels of it the opinion was that action upon the case for those words doth not lie Adjudged in London that an action upon the case lies brought by Huson Inholder for that the Defendant said falsely that he had buryed divers which died of the Plague in his house in his Garden when the plague was not in his house by which his guests refused to come to his house Also it was the opinion of the Kings Bench that an action upon the case doth not lie for calling the Plaintiff false knave Essex in the Kings Bench Roll. 149. Hill Terme 26. Eliz. Rich. Kerby Gentlemen brought his action upon the case against John Waller for saying these words that is thou Kirby art a false cozening knave and hath falsely cozened my two Kinsmen William Walker and Thomas Walker Brothers of the said William of Lands worth 6000 l. the manner of Pyâ—on in Rameshold and I will bring thee to stand upon the Pillory for that And adjudgad that the action doth not lie and the Jury taxed damages to a 100 l. and upon that adjudged that the action did not lie London Thomas Gittens Carpenter Anno 26. brought his action upon the case against James Redforne in the Exchequer for saying these words Thomas Gittens is a cozening knave and I have proved him a cozening knave before my Lord Maior of London for selling a Saphir for a Diamond and adjudged that it doth not lie Action upon the case upon a warrant â—f a thing sold and upon knowledge without wairant ACtion upon the case lies for selling corrupt wine and the writ is knowing it to be corrupt and warrant is not to purpose for it is ordained that none shall sell corrupt victual if he know it and so the Issue was whether it were good and not corrupt An action upon the case lies for selling corrupt victual if he know it and so the issue was whether it were good and not corrupt an action upon the case lies for selling so much Cloth and not well fulled where he warrants it 11. H. 6. fol. 22. Note the use where Measel Porks are fold at Rumford to have restitution of his money if they prove Measel 9 H. 6. fol. 53. 7 H. 4. fol. 16. Action upon the case lies for selling corrupt wine knowing c. the Defendant saith that he tasted it and accepted it for good the Plaintiff saith he accepted it for good upon condition if he liked it after it came to his house c. 19 H. 6. fol. 49. If one sell wine without warranty if that be corrupt action upon the case lies for it is prohibited by law 7. H. 4. fol. 76. 13 H. 4. fol. 2. If one sell to me a Horse apparent blind and warrant him sound of all his Members and I see him I shall have no deceit for that I might see it otherwise it is of a disease within his body there upon the warrant I shall have deceit But if one sell a blind horse and warrant him to one that doth not see him deceit lies If one sells to me wine and I bid my Servant to taste it deceit doth not lie if it be corrupt for that he hath tasted it Fitzh 94. C. If a man sell a horse to another and warrant him to be sound and good c. If the horse be lame or diseased that he cannot work action upon the case lies And so if one bargain and sel to one certain Pipes of wine and warrant them to be good and they are corrupt action upon the case lies against him and by Fitzh it behoveth that he warrant the horse and also the wine otherwise action upon the case doth not lie inquire of the wine Fitzh 98. K. If a man sell Clothes and warrant them to be of a certaine length if they be not of such a length he he which buyes them shall have a Writ of Deceit against him but if the warranty be made after the bargain is otherwise 11 Ed. 4. fol. 7. Where one sells Clothes and warrants them to be of such a length and they are not deceit lies for he could not know but by measure and he beleeved him but it is said if he warrant Seeds to grow that is in Cod or that a Horse shall carry one ten miles in two houres which is to come or warrant Cloth to be murrey where it is blue and see it deceit doth not lye but if he warrant Cloth to be of such a Country when it is not deceit lies 11 R. 2. Statham If one sell a Horse knowing him to be lame and warrant him to be sound the Defendant saith that he sold him sound without that that he warranted him 31 H. 6. fol. 11. Statham If one sell a Horse knowing him to be lame and do not warrant him action upon the case doth not lye 20 H. 6. fol. 37. By Paston and not denied if a man sell a horse which hath a disease the Buyer may have action upon the case that the Defendant knowing his Horse to be diseased sold him though he do not warrant him to be sound notwithstanding it seems otherwise where the Buyer may see the disease by looking upon him as a splint a spavin or an eye 9 H. 7. f. 22. If one sell a thing and warrant that at the same time he may have deceit notwithstanding that he hath not paid the Money for that that he might have debt at his pleasure for the Money Action upon the case for cosenage and deceiving of one ACtion upon the case was brought against W. C. for that the Defendant took eight Oxen of J.S. and offered to sell them to the Plaintiff as his proper Goods and by this salsity the Plaintiff trusting to the honesty of the Defendant bought them and paid seven pound and after the owner tooke the Oxen by which the Plaintiffe lost the Oxen by this falsity to his wrong and damages c. Book of Ass 8. 20 H. 6 fol. 25. Deceit was brought for that the Defendant was his Attorney and ought to have taken an Obligation of J.S. for a hundred pound to the Plaintiff and he took it to himselfe and it is sayd he ought to declare that he took a Fee of him And so lyeth an Action upon the Case for such Cosenage and Deceits VVhich note 9 E. 4. fol. 12. By Littleton Debt against two as Executors and one is no Executor nor never administred c. Yet he acknowledged the Action and the other made default the Plaintiffe recovers the other hath no remedy but an Action of Deceit that is Upon the Case for he is party to the Judgement 42
9 H. 7. fol. 12. Recovery in the common Bench of Lands in the Countries of Lancaster Durham or Chester is there before not a Judge otherwise it is there of recovery of Lands in the five Ports 22 Ed. 3. fol. 30. Formedon in the Kings Bench and an Appeale in the common Bench recovery there in these are void see 7 H. 4. fol. 3. and 8 Booke of Ass 32. Glocester chap. 8. It is provided that the Sheriffs shall plead in Counties the Pleas of trespasse also as they were wont to be pleaded c. 13 H. 7. fol. 20. Waste to plead in that is not good for that that Land shall be recovered and so in an Eiectione firme and so it is in a Collegendum they shall not be sued here and by Fitzh 220. H. Plaintiff shall recover his tearm and dammages Littleton fol. 60. If there be two Tenants in common for years and one put the other out of possession he shall have an Eiectione firme of his half for that it is to recover a real Chattel So it seems that shal not be sued here nor an ejectment of Ward which is in the realty Fitzh 220. H. Processe of outlawrie lies in an Eiectione firme and yet he shall recover his Land again unlesse it be expired and also his dammages Littleton 93. A Writ of wast is a mixt action so is an Assise of novel disseisin and a Quare Impedit and for that they shall not sue here Action upon the Statute of 8 H. 6. nor upon the Statute of R. 2. shall not be sued here for that that they are given by Statute but an action upon the case may be sued here if the dammages are under 40. s. Plaint in Precipe TRespasse in one tenement with a Toft adjoyning containing four Acres of land agreed that this word Tenement is uncertain 3. E. 4. tit 28. 11. H. 7. fol. 25. tenement is no tearm to demand a house or shop 45. Ed. 3. fol. 6. Precipe of land in D. it is a good Plea that there is no such town 41 Ed. 3. fol. 22. Precipe in D. and S. for that that D. is a hamlet of S. and he demands a thing twice the Writ shall abate 8 E. 4. f. 6. Precipe doth not lie in a hamlet but in a town or a place known out of a town but all Actions personall may be brought in hamlet or town or place known Dower Assise and Scire facias to have execution of a fine it may be brought in a hamlet 16. E. 3. Precipe of a peice of land without certainty is not good but of a peice of land containing so much is good see before 11. H. 4. fol. 38. 13. H. 4. Tit. 33. Dower of a Mill though after the witnesse of the Writ it was made a Toft it is good otherwise if it were made a tost before the witnesse of the Writ 14. H. 4. tit demand 5. the same 13. H. 6. fol. 8. Upon two Verges of the Land are built houses and they are meadow and pasture they are now to be demanded as they are not as before when they were verges Fitzh 192. 6. Ed. 2. tit 41. Precipe of passage over a water c. good 27. H. 8. fol. 14. Precipe is not good of a Common but of pasture for two beasts is good 4. Ed. 4. fol. 2. the same 22. Ed. 4. fol. 13. by Jenney A man shall have a Precipe quod reddat of a house and garden but he shall not have a Precipe of a garden alone For that That Plaints shall be made for Copi-hold in nature of Precipe let us see of what and how plaint of Precipe shall be made PRecipe may be of a chamber and yet foundation may perish for that it is not in perpetuity 5. H. 7. fol. 9. contrary H. 6. 11 H. 7. fol. 24. Trespasse may be brought of trespasse in a hamlet and Precipe shall be brought of land in a town and not in hamlet 16 H. 7. fol. 7. Assise doth not lie of a Rectory Seek if an Ejectione firme lyeth of that 9. H. 7. fol. 21. Precipe of lands in D. by Bryan over D. and nether D. is good in abatement 7. H. 4. fol. 9. Wast in D. it is a good plea in abatement that D. is neither town nor hamlet 11. H. 4. fol. 38. Precipe that he should restore a certain portion of land is good by Hank and Hill 6. Ed. 3. tit Demand 41. precipe of 8 foot of land in length and 6 in bredth and good 13. Ed. 3. tit 32. 33. Precipe of an Oxgange of land is good Contrary of an Oxgange of marsh for that cannot be gained tit demand 33. 36. 40 Assis 9. Precipe shall be brought in a town and not in a hamlet 34. H. 9. fol. 1. the same 34. H. 6. fol. 20. Precipe shall be in a town or of a Mannor which is a place known out of a town and not in a Hamlet But an Assise in a Hamlet is good and also in Dower Who hath most Right and Right ought to be sued there LIttleton fol. 91. If a man be disseised by an Infant the which alieneth in fee and the Alienee dies seised and his heir enter the Infant within age he may have a Dum fuit infra aetatem or a Writ of Right or Entry at his election for he hath more right then the heir of the Alienee But if the Disseisee release to the heir of the Alienee if now he bring a Writ of Right the issue shall be upon the meer right and shall be fonnd for the heir for now he hath more right by the release of the disseisee Littleton fol. 93. If a disseisor die seised and his heir in by discent if the disseisee enter and the heir of the disseisor brings an assise he ought to recover But if he brings a Writ of Right the issue shall be upon the meer right and there the heir shall be barred for the disseisee hath more right Right Patent is to be directed to the Lord of whom the land is held unlesse it be held of the King or Queen and it is as a Commission to the Lord that he shall do Right And it may be removed by a Recordare by the Tenant with cause and by a Pone by the demandant without cause and after that it be removed in County it may be removed by the demandant by a Tolt Fitzh fol. B. and Britton fol. 275. where the Tenant puts him upon the grand Assise it shall be removed Fitzh fol. 1. F. Where Judgement final shall be and where not IN a Writ of Right Judgement final shall be given but after the mise joyned and upon every recovery upon departure in despight of the Court Judgement final shall be As in Right against a Prior which voucheth common Cryer which enâ—reth into the Warranty and the demandant Imparles and at the day the Vouchee departs in despight of the Court and upon this Judgement final given
not know By Moyl but he ought to answer that he did not worry the Sheep 41 Ed. 3. fol. 24. If a man ought to grinde his Corne at the Mill of the Defendant without paying Tole and the Miller take Tole trespasse by force of Armes lyes and so it is said where he takes more Tole then he ought but if one hinder people to come to my Market Action upon the case lies 13 H. 4. f. 12. Action upon the case lies for that that he hath a Leet in the Mannor Eyer and Court from three weeks c. There hath the Defendant held Court within the same Mannor and hath distrained his Tenants by great and often distresse and hath impoverisht them that they cannot pay their Rent Fitzh 94. E. the same 33 H. 6. f. 16. Action upon the case lies where his Steward comes to hold a Leet and the Defendant disturbs him 11 H. 4. fol. 45. Schoole-Master shall not have an action of the case against another for setting up another School that he cannot have so many Schollars as he had before for the profession is free and is for the Common-wealth the same law of erecting a Mill upon his own land though the Plaintiffs Tole be diminished he shall not have an action upon the case 22 H. 6. f. 14. Mill levied 48 Ed 3. f. 25. Action upon the case lies against Tenant at will which makes wast or burning a House willingly and not an action of waste Lit. 14. 21 H. 6. fol. 43. 7 H. 4. f. 8. Action upon the case lies for that that the Defendant ought to repaire a certaine wall upon the Thames and doth it not by which the land of the Plaintiff is drowned Fitzh 93. E. the same 7. H. 4. fol. 16. Account doth not lye against a Bailiff or Servant for driving his Plow in which default the Beasts perished but an action upon the case lyes for his negligence for default of good keeping 2 H. 7. f. 11. Action upon the case lies for negligent keeping my Sheep and the same Law for negligent carrying my Pots or glasse and where one keeps my Horse and starves him for Meat 7 H. 4. f. 45. Action upon the case lies by the Lord of B. against him which bought and sold in the Market of B. without paying Tole and though the VVrit was Tollenam asportavit yet it was also and he denied to pay it and for that it was awarded good for the first words are void and the last sufficient 11 H. 4. f. 25. If a way belonging c. be stopped Assise of Nusance lies but for stopping of a way ingrosse he shall not have an Assise of Nusance but action upon the case 14 H. 8. f. the last VVhere part of a River or way is stopt which is narrow action upon the case lies and where the whole an Assise of Nusance an action upon the case lies where he hath no other remedy 11. Ed. 4. f. 23. It seems there that a good Pleader may frame actions upon the case for many matters which are in the Chancery 26 Book of Ass 79. Action of the case lies against the Sheriff which quashed an Essoyne erroniously for false Judgment doth not lye unlesse it were Judgement of the Suitors Fitzh 114. D. If one Person of his malice and by his false imagination labour and cause another to be iudicted falsly the party which is so indicted shall not have a Writ of conspiracy but an action upon the case against him which caused him to be so indicted Fitzh 95. D. If one play with others at Dice and hee hath false Dice and wins Money of others with false Dice Action upon the Case lyes for this deceit 13 H. 7. fol. 26. Action upon the Case lyes where one hath a Water-course by Prescription to Brew and water Beasts there hath the Defendant made Lime-pits c. 4 Book of Ass 3. See Nusance for Lever Tozaile to the annoyance of the Free-hold Action upon the Case for mis-using an Officer in his Office ACtion upon the Case lyes against a Sheriffe where the Plaintiffe hath Charter of exception that he shall be impannelled upon no Jury and shews that to the Sheriff and yet he impannels him 18 H. 8. fol. 5. 21 H. 7. fol. 22. by King Where the Sheriffe serves a Fieri facias and levies the sum and doth not returne the Writ the party may have trespasse against him for levying that the same Law if by a Capias the Sheriffe arrest one and doth not returne the Writ false Imprisonment lyes 20 H. 7. fol. 13. 21 H. 6. tit 6. B. 6 H. 6. Tit. 9. Trespasse upon the Case was brought against an Escheator because he found an Office that the party held of J. S. and he returned an Office That the party held the moity of the King in Cheife and by the Court it lyes for he and the Sheriff are Officers of Record but not Justices of Record for there it was agreed that an Action doth not lye against a Justice of Record 9 H. 6. fol. 60. the same 12 H. 6. fol. 3. 47 Ed. 3. fol. 15. Conspiracy in the nature of an Action upon the Case was brought for that that the Defendant procured and caused a false Office to be found by which the Mannor was seised into the Kings hands and he sued that out to the Losse 21 Ed. 4. fol. 43. If the Sheriffe upon a Writ of second deliverance makes deliverance to the Plaintif of the distresse and will not returne the Writ so that the Defendant may constraine the Plaintif to come and count so that he may avow the Defendant shall have remedy against the Sherif and this seems by an Action upon the Case 8 H. 6. fol. 1. Where in Precipe the Sherif returnes a Summons where he was not summoned by which hee looses his Land Action upon the Case lyes against the Sherif See that deceit lyes 19 H. 6. fol. 29. Action upon the Case lyes against the Sherifs Deputy for imbezzeling a Writ of Habeas corpora and it lyes as well against him that stirrs up another to doe it as against a doer 16 H. 6. tit 38. by Paston If the Sherif returne a man sufficient upon a Venire facias by which the next Sherif iâ— charged of the Issues he shall have an Action upon the Case against the Predecessor for he cannot returne nihil against the returne of his Predecessor 1 H. 6. fol. 1. Precipe Where the Tenant looseth his Land by default upon a false returne of the Sherif as he returnes the Tenant summoned where he was not deceit lyes but if the Summoners were dead Action upon the Case lyes 38 Book of Ass 13. Action upon the Case lyes against the Sherif where he made a Precept to one which was no Bailif of the Franchise which returnes a Jury by which this was quasht to the damages c. 41 Book of Ass 12. Deceit in the nature of an Action upon the Case lyes
because the said E.F. the Moneys aforesaid in form aforesaid taken into the Court before us in the upper Bench at Westminster hath not yet paid or delivered nor to the said A.B. as by his insinuation in the same Court before us we have accepted hath yet paid or delivered and that the said E. F. after the return aforesaid in form aforesaid so returned is dead and that one G.H. is Executor of the last will and Testament of the said E. F. whereupon the said A.B. hath supplicated us accordingly to provide remedy for him in that behalf And wee being willing to do in that behalf that which is just we command you that by honest and lawfull men of your Bailiwick you make known to the said G.H. that he be before us in the upper Bench at Westminster on c. next after c. to shew if he hath or knoweth any thing to say for himself wherefore the said one hundred and five pounds ought not to be made and to the use of the said A.B. levied of the Goods and Chattells which were of the said C.D. at the time of his death according to the force form and effect of the recovery and return of the Writ aforesaid if it shal seem to him expedient and further to do and receive that which the same Court before us shall consider of in that behalf and then you have here the names of them by whom you made known unto him and this Writ witnesse c. A Testatum ca. sa against Manucaptors THE Keepers c. to the Sheriffs of London greeting whereas we have lately commanded the Sheriff of Middlesex that he should take A.B. and C.D. naming the addition Manucaptors of E.F. of c. If they had been found in his Bailiwick and them safely keep so that he should have their Bodies before us in the upper Bench at Westminster at a certain day now past to satisfie G.H. of thirteen pounds of Debt and also of one and twenty shillings for his Damages which he sustained as well by occasion of detaining of that Debt as for his Costs and Charges by him about his suit in that behalf expended whereof the said E.F. counted as it doth appeare to us of record and whereof in the same Court before us in the upper Bench at Westminster it is considered that the said G.H. should have his Execution against the said A. B. and C.D. of the Debt and Damages aforesaid according to the force form an effect of the Recognizance by them the said A. B and C.D. for the said E.F. in the Court before us in the upper Bench at Westminster to the said G.H. acknowledged whereof the said A.B. and C.D. are convicted as it doth likewise as to us upon Record And the said Sheriff of Middlesex at that day returned to us that the said A.B. and C.D. are not found in his Bailiwick whereupon on the behalf of the said G.H. in the same Court before us in the upper Bench at Westminster it is sufficiently testified that the said A.B. and C.D. do lurk and sculk in the City of London therefore we command you that you take them if they shal be found in your Bailiwick and them safely keep so that you have their Bodies before us in the upper Bench at Westminster on Thursday next after c. To satisfie the said G.H. of the Debt and Damages aforesaid And then you have here this Writ witnesse H. Roll at Westminster c. A Supersedeas upon a ca. sa for Manucaptors THe Keepers c. to the Sheriff of London greeting whereas by our Writ we have lately commanded you that you should take A.B. and C.D. if they had bin found in your Bailiwick And them safely keep so that you should have their Bodies before us in the upper Bench at West on Thursday next after c. to satisfie G.H. of thirteen pounds of Debt and also of one and twenty shillings for his Damages which he sustained as well by occasion of detaining of that Debt as for his Costs and Charges by him about his Suit in that behalf expended whereof the said E.F. is convicted as it doth appear to us of Record And whereupon in the same Court before us it is considered that the said G. H. should have his execution against the said A.B. and C.D. of the Debt and Damages aforesaid according to the force form and effect of the recognisance by them the said A.B. and C.D. for the said E.F. in the Court before us in the upper Bench at Westminster to the said G.H. acknowledged and because the said G.H. in the Court before us in the upper Bench at Westminster comes and acknowledges himself to be satisfied of the Debt and Damages aforesaid therefore we command you that you for ever supersede from further taking imprisoning detaining attaching or them the said A. B. and C.D. or either of them in any thing molesting and if you take them or either of them for that cause and no other then without delay at your perill you cause to be delivered them and either of them from your Prison and Custody if they or either of them is or are detained for that cause and no other and suffer them to goe at liberty witness H. Roll at Westminster c. THE TABLE Acceptance WHere a Lease is voydable acceptance of rent makes that good otherwise where it is voyd fol. 320. Action upon the Case For what slanderous words it lyeth and for what not fol. 339. It lyeth for selling corrupt Wine without warranting that fol. 342. Hath tasted the Wine and accepteth that for good is a Barr. fol. 342. Where warranty for that see where it lyeth and where not fol. 342. For making deceit it lyeth fol. 343. It lyeth where one will not deliver the Pawn upon the Money tendred fol. 344. The tenant shall have that against the Landlord for not paying Quit rent fol. 345 It lyeth where there is delivery and not Trespas Vi armis and where one or the other lyeth fol. 345. It lyeth for misusing license in Deed and Trespasse for misusing license in Law fol. 346. It lyeth for not carefully keeping a fire and against an Host and where ones Dog worryeth a Sheep fol. 346 It lyeth for holding a Court in anothers Mannor and for disturbing one to hold a Leet fol. 347. It doth not ly against a Schoolmaster nor for erecting a Mil but for wast by tenant at wil it lyeth fol. 347 It lyeth against a servant for ill looking to Beasts and negligent keeping them fol. 347 Or for stopping a way and for false Dice and Lime-pits digged fol. 348. It lyeth against a Sheriff for serving a writ and not returning it fol. 348. Where it lieth against executors and where not fol. 250 Where it lyeth for promise not performed fol. 351 Where the place is traversable and where the Common and where not fol. 353 Archers fol. 27. Artificers fol. 27 Assise Where it lyeth and where a
nothing there but the passage and 8 H. 7. fol. 5. by Keble the Soile and Free-hold in the way is to those which have Land adjoyning 2. Ed. 4. fol. 9. Where there is a common way throughout a Feild the Free-hold of the Soile is to the Tenant of the Land adioyning and not to the King for he hath but passage for his People Incidents A Man cannot dispence with a Suite to a Leet unlesse by speciall words 8. Ed. 2. tit 28 2. H. 7. fol. 4. Partition is made of foure Mannors which descend to foure coparceners that every one shall have a Mannor except the Advowson and by that the Advowson is ingrosse and severed and if all dy but one it shall be appendant again 8 H. 7. fol. 1. By grant of a hundred Leet passeth as Incident for a Hundred cannot be without a Leet for a Leet is parcell of it and to a Mannor a Court Baron is Incident and to homage fealty and to a Faire a Court of Pipouders and it seemeth these cannot be severed Perk. fol. 22. Common appendant cannot be severed nor Estovers to be burned in a House but a Villian regardent may be severed and an Advowson appendant and made in grosse for an Incident inseperable cannot be severed by grant as in the case next before but Incidents seperable may be 40 Ed. 3. fol. 22. Beasonable aid to make his Son Knight or to marry his Daughter and releife for soccage after the death of his Tenant cannot be released by generall words therefore release of all actions and demands besides fealty and Rent by the Lord to the Tenant shall not extinct these Incidents the contrary is said if it be by speciall words 19. H. 8. tit Incidents 34. Court-Baron is so incident to a Mannor and Court of Pipowders to a Faire that they cannot be severed by grant for if they grant the Mannor or Fair they cannot reserve such Courts 7. Ed. 4. fol. 11. Lord and Tenant the Lord releaseth to the Tenant the distresse this is void for the distresse is Incident the same of release of Fealty to him which holds by Homage for Fealty is Incident to Homage and is inseperable 26. booke of Assises 66 Lord and Tenant by Fealty Escuage and Rent and the Lord grants the Rent this is Rent seek and severed for Fealty remaines with the Homage as Incident to it the same Law where a Rent is Incident to a Reversion and yet these may be severed by speciall grant 29. booke of Assises 20. the same Littl. fol. 40. Where the Tenant holds by Homage Fealty and Rent if the Lord grant the Rent saving to him the Homage this Rent is Rent Seck and severed the same Law if he grant the Homage saving the Rent and where he holds by Rent and Fealty and grants the Rent saving the Fealty or left for life rendring Rent and grants the Rent saving the Reverson the Rent is Seck Rescous and pound breach is another branch of the Charge HE which destraines Beasts may put them in a close House if he will give them meate for the putting into the open pound is that the owner may give them meate 33. H. 8. tit distresse 66. If a man destraine without cause the owner may make Rescous but if he put them into the pound he cannot breake it for they are in custody of the Law see 40. Ed. 3. fol. 33. and Fitzh fol. 102. E. It seemes if a Lord destrain where Rent is not behinde the Tenant shall not make Rescous 4 Ed. 6. tit distress 74. If a man destraine wrongfully the owner may make Rescous 5. Ed. 4. fol. 7. by Danby 39. Ed. 3. tit 20. If Beasts put into the pound dye it is at the losse of the owner though he have tendred sufficient mends for he might have a Replevin Doctor and Student fol. 8.113 I may impound a dead thing where I please but if that corrupt by my default I shall answer for it 9. Ed. 4. fol. 2. Fitzh 102. L If the Lord do destraine where is no Rent nor service behinde the Tenant cannot make Rescous 9. Ed. 3. fol. 35. If a man destraine wrongfully the owner of the Beasts may make Rescous but by 4. Ed. 6. it was agreed if he destraine and impound them the owner cannot take them out for they are in custody of the Law 5. Ed. 4. fol. by Danby the same 2. H. 4. fol. 18. If a man destraine my Beasts which escape into his Land out of the great waste I may rescue them but if I keep them or put them there or by Hankford if I have notice that they use to go there this is no escape and there I ought not to make Rescous see 7. H. 7. tit 1. 2. H. 4. fol. 24. In Rescous nothing behinde and also that he was never seised and are good Pleas Quere 5. Ed. 4. fol. 7. Seising is not Traversable in Rescous by opinion there 6. Ed. 4. fol. 12. The same 8 H. 4. fol. 1. 21. H. 4. fol 40. By the Court where the Lord comes to destraine and sees the Beasts and the Tenant perceiving that chaseth the distresse out of his Fee the Lord shall not have a Writ of Rescous for he hath no possession of the Beasts but he may follow them and destraine them but if they were chased out of his Fee before the Lord see them there he cannot destraine them 44. Ed. 3. f. 20. the same Fitzh N. B. 102. G. 33. H. 6. fol. 58 A man attacheth a Horse in a corporate Town and there he is rescued and chased into another County upon fresh Suite the Officer may take him againe 6. Ed. 4. fol. 12. By Yelverton in Rescous nothing behinde is no Plea for if the Lord destraine where no service is behinde the Tenant is at no mischeife for the Tenant may have a Replevin and in this Writ recover his damages Fitzh 101. Rescous lieth where a man destraines for Rent or for services or damage doing and those would impound and another Rescues them and if a Collector or under Collector distreine for a fifteenth or a Bailiff or a Sheriff or other Officer distraine for the King and Rescous is made they shall have a Rescous and not the King but if a Bailiff of a Liberty distraine for the King and Rescous is made the Lord of the Liberty shall have Rescous and if the Bailiff or Officer of a common person distraine Rescous is made he which causeth the distresse to be made shall have Rescous 39. H. 6. fol. 42. Redisseisin to Coroners and one alone maketh a precept Rescous upon that is Justificable Assaults and Fraies For that that Assaults and Fraies are inquirable let us see which are punishable in a Leet and what not AS Saults are not inquirable and punishable by presentment in Leet but blood-shed is 8. Ed. 4. fol. 5. By Fairefax Leet hath no power to inquire but of those which make common annoyance at the common Law as of
they shall plead speedily from day to day so that it may be pleaded and determined before the King depart out of the limits of the same Verge where the trespasse was done and if they cannot be determined within the limits of the Verge the Pleas there shall cease and be determined at the common Law and the Steward shall not take conusance of Debt nor of other things but of such persons only which are of the Kings House nor shall hold any other Plea by obligation and if they do any thing against this Ordinance let their doing be held for nothing see Fitzh 241. B. D. 10. H. 6. fol. 13. Action was brought upon this Statute for that the Defendant impleads the Plaintif in the Marshalsey for trespasse whereof one nor the other was of the Kings House and there it is granted by the Court that of trespasse within the Verge one or the other shall be of the House as well as of action there upon other contract Seek for it seems otherwise by the words of the Statute and it is used now the contrary diversity of Courts agrees as above see the title of 38 Brook 7 H. 6. f. 33. A VVrit was sued upon the Statute Articuli super Chartas Ed. 1. chap. 3. That none shall be impleaded in the Marshalsey if one party were not of the Kings House there did aver the Defendant vext him c. the other saith no such record Brook tit Action upon the Statute 38. That the Marshalsey shall not hold Plea of Contracts unlesse as well the Plaintif as the Defendent are of the Kings House for if it be otherwise the Defendant may plead to the Jurisdiction and if the Plaintif remove out of the Kings Service hanging the Plea the Defendant may plead that and abate the Jurisdiction and the Plea contrary if the Defendant remove out of the Kings Service and there it was held though the trespasse made within the Verge lie there between any though they be not of the Kings House contrary of Debt and Covenant and therefore seek of action upon the case there between strangers upon Assumpsit for it seems that it is a Contract 6 R. 2. Tit. 49. Br. Action upon the Statute Debt upon Recovery of Dammages before the Marshall in an action of Covenant before the Marshal that is a good Plea to the Jurisdiction that none of the parties was of the Kings House at the time c. For the Statute of Articuli super chartas cap. 3. will as above and therefore it is coram non Judice if it be otherwise 19 Ed. 4. fol. 9. By Littleton and not denied where one is out-lawed in the common Bench without Originall it is not void but errour but Judgement given in the Marshalsey between parties which are not of the Kings House is voide for they have no power to hold the Plea and if execution of that Judgement be sued the other shall have trespasse upon it Then for that that the Statute of Articuli super chartas aforesaid limits what actions shall be sued in the Marshalsey it seems that information upon penall Statutes shall not be sued there for the Attorney of the Queen nor informer shall not inform there and this is no Suite between the parties that the Statue of Artic. provides and they are no such actions and for that Mr. Poole Steward there did well to reiect the informations of penall Statutes aforesaid out of the Court and in this Court and the Court of Pipowders the Suite is J.S. complaines against J.D. and your information is Memorandum that such a day J.S. came here into the Court c. And gave the Court so to understand that c. And there is another form and where there are diverse Statutes which gives liberty to sue for penalties in any Court of Record of the King by expresse wordes yet it was never seen in any suite by information for such penalties in the Chancery Court of Wards Court of Requests for suits there are by English Bills and matters of conscience and Leet is a Court of Record of the King and yet no information shal be there and so it seems in a Court of Pipowders they do not use in these Courts English nor in Leet where the matters are by presentment of the Jury to be informed there nor in Court of Pipowders unlesse the Lord hath the panalties by the Kings Grant for in these Courts the attendance of the Kings Attorney is not requisite and who shall account and pay the King his halfe in these Courts and for that it is hard to sue information there see 44 Ed. 3. Tit. 1. Action populer B. And though that some Statutes by expresse words are That it is lawfull to sue for these penalties of Statutes in any Court of the King of Record this is to be intended in such Courts which have been used as in the Common Bench the Kings Bench the Exchequer and for that the Statute of Acton Burnell fol. 136. is That where an Extent upon a Statute Merchant is found too high it is forthwith that the extenders shall answer for this is to be intended at the day of extent and not forthwith 2 H. 4. fol. 19. So this is taken by intendment as above 8 H. 4. fol. 11. Also the Statute of Donis condicionalibus the letter is That Fine by Tenant in taile in right is nothing for that is to be taken as wise men have taken it that is to say That the Issue in taile be put to a Formedon and cannot enter 11 H. 6. fol. 19. Also the Statute of the yeare 8 H. H. 6. chap. 10. is That upon Indictment shall goe two Capias and Exigent and that the second Capias shall be with Proclamation at a place which hath addition If he be Indicted in another County then where he dwells and it be not so the Outlawry shall be void and this is taken by this Booke of 11 H. 6. fol. 19. It shall be avoided by Writ of Errour and not voyd according to the expresse words of the Statute Also it is not used where Faires or Markets are granted to grant to the Lords of that forfeiture of penall Statutes that that is not granted to the Steward and Marshall and for these causes Informations shall not be sued there Customes It is sayd that the fifth ground of the Law is particular Customes and for that Custome is inquirable by the third Article Doctor and Student fol. 20. And for that it is expedient to say some thing of Customes and first to write such Customes to you which I have seene allowed between Copy-holders within Mannours where I have been at Courts FIrst Heire Custome of some Mannor is that the youngest Son or Daughter of the first Wife being marryed a Virgin ought to inherite Custome of some Mannor is Dower That the Woman being espoused a Virgin shall have all the Copy-hold whereof the Husband dyed seised for her frank bench but
Escheat 7 H. 4. fol. 18. the same 6 H. 4. fol. 5. Lord and Tenant within age the Tenant is disseised and dyes without heire the Lord may enter by Escheat The same Law is if he being an Infant tenant alien and dyes without heire the Lord shall have by Escheat Fitzh fol. 144. A. If Tenant in taile dye without heire he in reversion shall not have a Writ of Escheat But if Tenant in taile the remainder to his right heires and dyes without heire then the Lord of whom the Tenant in taile holds shall have a Writ of Escheat Fitzh 144. E. Where the Tenant is a Bastard and dyes without Issue this Land shall Escheat Tit. Escheat 34. B. Where there is a Bastard eldest and a legittimate younger and the Bastard enters and dyes seised without Issue the Land shall not Escheat Natura brevium fol. 103. If the Tenant be disseised and is attaint of Felony the Lord may enter by Escheate Abridgement of Assise fol. 88. Lord and Tenant the tenant being within age aliens and dyes without heire the Lord may enter by Escheat 6 E. 3. Statham If my Tenant within age alien in Fee and dyes without heire I may enter by Escheat the same Law is if my tenant within age be disseised and dyes without heire I may enter by Escheat Stamf. 42. If any free tenant of any Bishop be attaint for Felony during the time of the vacation the King shall have Escheat of his Lands By Prerogative ch 14. Fitzh 144. O. If the Lord have title to have a Writ of Escheat if he accept Homage of his tenant he shall not have a Writ of Escheat against him afterwards 7 H. 4. fol. 18. Lord and Tenant the Tenant is disseised and dyes without heire the Lord may enter for right of entry may Escheat against a Disseisor but if the Disseisor dye or alien the Lord cannot enter by Escheat upon the heire of the Disseisor nor upon the Alience 22 Book of Assises 49. The King shall have the Lands by Escheat of one attainted of high Treason of whomsoever hee hold notwithstanding of petty Treason the Lord shall have them 29 Book of Assise 61. Note that Lands in taile shall not Escheat for the Felony or attainder of his Father but by the Statute of 5 6 Ed. 6. chap. 11. for high treason the King shall have his Lands 6 H. 7. fol. 9. by Keble Right of entry may Escheat as where the Disseisee dyes without heire or is attaint of Felony the Lord may enter 7 Ed. 6. tit 18. It was held If there he Lord and Tenant by Fealty and Rent the Tenant is disseised the Disseisee dyes without heire the Lord accepts the Rent by the hands of the Disseisor yet he may enter for Escheat or have a Writ of Escheat and the receit of the Rent no Barr contrary if he had avowed for that in Court of Record or if he had taken corporall service as Homage c. Contrary of acceptance of Rent by the hands of the heire of the Disseisor or of his Feoffee 48 Ed. 3. fol. 2. by Belk Where a man commits Felony and after purchase Land or Land discends to him after this is forfeited and Escheated as well as the Land which he had time of the Felony made 22 H. 6. fol. 37. by Newton A man seised of Land in fee goes beyond the Sea to B. out of the Kings Allegiance without the Kings license and there marries a Wife and there hath Issue and dwells there all his life and dyes without other Issue his Land shall Escheat and none other of the blood shall inherite 1 R. 3. fol. 4. by Hussey He which is borne beyond Sea and his Father and Mother English and faithfull to our King that their Issue shall inherite by the Common Law but the Statute makes that cleer and his Lands shall not Escheat 9 H. 7. fol. 2. If Tenant of the King dyes without heire and none enters the Freehold is in the King without Office by Escheate But if Tenant of the King alien in Mortmaine it is not in the King without Office 27 H. 8. tit Office 90. Br Where one is attaint by Parliament his Lands are not in the King by Escheat to grant over without Office 29 H. 8. tit 52. Charter of pardon Br. The King may be intituled to goods without Office by Outlawry but not to Lands 38 H. 8. title Thing in action 211. Br By the Statute of 31 H. 8. gives to the King possession of Lands of Monastries without Office for the words are that the King shall be in possession of them yet if an Abbat were disseised of foure Acres of land the King cannot grant that over before entry made by him into it Time of H. 8. tit 119. Pre. Br It seemes that the King shall not have a Precipe quod reddat as a Writ of Escheat but his title shall be found by Office Time of Ed. 6. tit Denizen 17. Where an Alien born purchaseth the King shall have it but the purchase ought to be found by Office 33 H. 8. tit Fines levied 115. Title Office before Escheator 60 Br King shall have Chattels without Office but not Ward 2 H. 7. fol. 8. The King may re-enter without demand where there is a clause of re-entry in his Lease but then that shall be found by Office Tit. Escheat 23. Br Alien borne hath Issue a Son and after is made Denizen and after hath Issue another Sonne and purchase Land and dyes the youngest Sonne shall have the Land and not the eldest nor the Lord by Escheat Tit. Escheat 29. B. VVhere a man is attaint of Heresie and delivered to Lay men to be burnt yet he shall not forfeit his Land unlesse he be put in execution and there by the execution the Lord shall have Escheat unlesse the Land be held of the Ordinary then the King shall have it Enquest FOR that that you try your Copy-holders and other Issues by consent by Jury let us see how many shall be sworn of a Jury The Statute of Westm 2. chap. 13. is that the Sheriff shall inquire by twelve and not by lesse and the same Law shall be in Leet and for that that this Statute doth not extend to Court-Baron Presentment of Articles there by lesse then twelve may be for one may hold Court-Baron though there be but two Suitors and then they may inquire by two of Articles for the Lord but hard it is when every one is inheritable to the Lawes of the Realme and the triall of the Law is by twelve of Issue joyned between party and party that by your not power that is to say that there should not be twelve Tenants of every Jury to take from me my Triall which the Law gives to me and if you will try Issue by lesse then twelve you may impannell three or foure of the Freinds to the parties and to have no number certain under twelve but to have such a
obtain the good will of the first Lessor and pay so much as he shall arbitrate and he obtain his favour this is a good Contract but there agreed that is but a Communication without Quid pro quo forthwith or at the Day agreed as here If you say that you will give to me ten pounds for my Horse and you do not pay forthwith it is no Bargain but if you be telling out your Money he cannot sell that to another in the mean time for there was no fault in you but if Agreement be that you shall give ten pounds for my Horse and I give a Penny in earnest that seems a perfect Bargain and you shall have the Horse and I shall have the Money by Action of Debt 15 H. 7. f. 6. 10 Ed. 4. f. 21. If a Preist be hired to sing for ten pounds per annum he is not compellable to serve as a common Laborer is but if he depart within the terme his Wages is intire and shall have nothing and there it seems if one sels his Horse to me for twenty shillings he may keep him till I have paid him 17 Ed. 4. f. 1. Trespasse of Corn taken Defendant saith the Bargain was that the Defendant should go to J. S. and see the Corn and if they liked upon the view and gave forty pence for every Acre that he should have it and saith that he liked them upon the view and took them and it is no good Plea for notwithstanding the Bargain was that he should have upon his good liking upon view yet it is upon giving sorty pence for every Acre also and he cannot take them before he pay for that is parcell of the Contract And so if one agree upon the price for Wares he cannot take them before he pay unlesse he have Day of Payment given unto him 18 Ed. 4. f. 6. The Husband sels Trees growing upon the Land of his Wife for twenty pound and the Buyer takes part of the Trees and paid ten pound and after the Wife died without Issue so that the Husband shall not be Tenant by the Curtesie The Husband shall have Debt for the ten pound for that that the contract was intire and yet the Buyer shall not have the residue of the Trees And where one sells another mans Horse which he hath by wrong for ten pound out of an open Market and the owner take the Horse as he may yet debt lieth for the ten pound for that that the Contract was once executed and by Brian if one sells a Horse for ten pound he may keep him if he will till he be paid 20 H. 6. f. 22. A man seised in fee of land sels the trees and after makes a Feoffment in fee to another before the cutting the buyer shall have the Trees 21 H. 7. f. 6. by Fineux If one ask the price of a Cloth of a Merchant in London and he saith twenty shillings and the party saith he will give it and he takes the Cloth the Merchant may have action of Debt for the twenty shillings or keep it till he be paid and if the other take it against his will he shall have trespasse at his choise 14 H. 8. f. 17. If I sell my Horse for so much as J.S. shall say it is said it is no bargaine forthwith but if he sell that to another before J.S. have said what he shall have I shall have an action upon the case 23 H. 6. f. 50. Debt the Plaintif counts that he sold twenty Acres of land to the Defendant for twenty pound which he demanded and by Newton though the Plaintif do not infeof the Defendant yet he shall have Debt and the Defendant shall have an action upon the case against the Plaintif See 3 H. 7. f. 14. 2 H. 7. f. 12. Action upon the case lies for that that the Defendant hath bargained and sold to him lands and that he hath infeoffed another of them and the Defendant traverses the Feoffment to another and that proves that this is the cause of his action and not the bargaine 18 Ed. 4. f. 16. If the bargaine were that the Plaintif should give ten pound for so much wood if he liked it or it pleased him upon the sight thereof this is a bargain at the buyers pleasure Now if first upon the sight they disagree then it is a void bargaine though he after agree to it and if he agree upon the sight it is a perfect bargaine though after he disagree 5. H. 7. f. 41. One sells Goods or Wares and after the Sale he warrants them this warranty made at another time then at the Sale is void 9 H. 7. f. 22. If the Seller warrant the thing sold the Buyer may have deceit though he hath not paid the Money for the Seller may have Debt 10 H. 7. f. 7. Agreed by the Court If I sell certaine Goods to another for a certaine sum although he do not pay the Money if a day of payment be appointed that is a good bargaine and the property altered by this sale And by Hussey and Briaâ— A Victualler shall be compelled to sel his victuall if the Buyer tender him ready payment and otherwise not 39 H. 6. f. 18. contrary by Prisot 21 H. 7. f. 6. By Fineux If one demand the price of a Cloth of a Merchant in London and he saith twenty shillings and the party saith he will give it and takes the cloth it is in election to make that a bargaine and to have an action of debt or to keep it till he be paid and if the other take the Cloth by reason of this bargaine against his will he may have action of trespasse Plow Com. f. 309. Where one undertakes by word to make a House without consideration that he shall have no action Plow Com. fol. 11. There saith That bargaines or agreements conditionall shall be said good after that the condition is performed but before they are but words 44 Ed. 3. fol. 21. Where one becomes suerty for J. S. and in consideration will give him longer day of payment if J. S. do not pay he will action upon the case lies 27 H. 8. f. 33. If I sell to you twelve barrells of Ale you shall not have the barrells but the ale but if it were twelve barrells of Wine it is otherwise for this is the usage and intent 1 H. 7. f. 13. Debt upon buying Oyle for a hundred Markes paid and so though of simple contract it seemes the Defendant may say that he bought with condition that he should pay when he had uttered them without that that the Plaintiff sold in manner and forme though he might have waged his Law 21 Ed. 4. f. 49. Debt of buying a Horse at I. in the County of Middlesex Defendant may say that he bought him in London upon condition without that that he bought him in I. in the County of Middlesex but he cannot say that he bought him in another
he ought to shew what day which may appear 18 Ed. 4. f. 13. B. Escheat it is good without counting what day he committed the Felony for the day is not material if it be one day or other 40 Ed. 3. f. 45. Debt and counts that the eldest Son married K. and if he died before carnal knowledge that the youngest should marry her if the Ecclesiastical Law would permit and counts that the eldest married her and died before carnal knowledge and that he purchased a Dispensation and required the youngest to marry her and he refused and though he do not shew what day it is good 12 H. 8. f. 6. Assise brought the same Day that the Disseisin was made it shall be intended that the Disseisin was first and that the Writ was brought after the same day 4 H. 6. f. 7. Rescous and counts that he distrained for Rent and doth not shew the dayes of Payment and for that not good 8 H. 4. f. 1. Obligation of two hundred Markes and the Condition is to pay one hundred Markes at a day certain and in Debt the Defendant pleads that he hath paid the hundred Markes and for that that there is but a day which may be according to the Condition it is not good 47 Ed. 3. fol. 13. Where a day is issuable it shall be pleaded certain as one pleads a Lease made to him for years he ought to shew when it was made Plowd Com. f. 24. Debt upon an Obligation which is endorsed with a Condition that if the Defendant renounce all the Administration c. and no day is in the Condition when it shall be and the Defendant pleads that he hath renounced the Administration and for that that he doth not shew what day it is not good for it may be after the Writ purchased and then it is not good 15 Ed. 4. fol. 29. Trespasse of Swannes taken the Defendant saith that long time before the Trespasse supposed the property was to J. S. which gave them to him the Plaintiff saith that long time before J. S. had property the property was in him and for that that he doth not shew what day it is not good 31 H. 6. f. 12. Entry by the Lord Cromwell of the Mannour of Amphill the Defendant pleads a Lease for years and a Release and it is not good without shewing when the Lease was made notwithstanding that it be shewed when that began for that that he ought to shew that the Lease was made such a day and the Release after 32 H. 6. f. 8. Debt upon an Obligation the Defendant saith it is endorsed upon Condition that if he infeoff him and he then pay to him twenty pounds that the Obligation shall be vold and it is not expressed what day the Payment ought to be made and yet he ought to shew what day for that is said to be forthwith after the Feoffment for the words are that then he shall pay 33 H. 6. f. 48. B. Matter uncertain See where it is uncertain in Matter and where not TRespasse the Defendant pleads that the Plaintiff was indebted to him in a hundred Markes and that he pawned the Goods till he were paid and for that he doth not shew for what the Debt was due nor whether he paid it or no it is uncertain and is not good 5 H. 7. f. 1. Trespasse if the Defendant saith that A. was seised of the Mannour of D. whereof the place is parcell he shall say at what time the Trespasse is parcell otherwise it is not good 32 H. 6. f. 24. 10 H. 7. f. 28. the same One pleads a Fine levied to B. of the Mannour of D. and that the Tenant attorned to B. and for that he doth not say that the Conisee was seised of the Mannour at the time of the Attornement and also for that that he doth not shew what Terme the Fine was levied it is not good 10 H. 7. f. 28. Found by Office that the Lord Greystock Tenant of the King died seised and one came to traverse that and said that the Dean of York recovered in a Writ of Right against the Lord Greystock and entered long before the Inquisition c. and gave to him in Tail and it is not good 3 H. 7. f. 2. for that it is not shewed if the Entry was in the life of the Lord or after his death Forcible Entry where the Defendant saith that J. H. and H. Wood infeoffed Fines and Sackvile and iustiffies as Servant to them the Plaintiff saith one J. S. J. Hook and H Wood infeoffed him and for that he doth not say the aforesaid J. Hook and H. Wood it is not good 1 H. 7. fol. 19. Where one pleads Barr which comprehends but one matter this shall be certain as Arbitrement he ought to shew where the Submission was made and if that comprehend two matters he need not to shew both so certain as it is said Free-hold of a stranger and he as Servant and by his command entered it is good without shewing where the commandement was 3 H. 7. fol. 11. B. Quare impedit The Defendant saith that J.S. granted the next avoidance to A. which presented and the Church is void and the next avoidance was granted to B. which died intestate and the Ordinary sequestred and for that that he doth not shew the name of the Ordinary it is not good 9 H. 7. fol. 23. Trespasse the Defendant pleads that it is the Freehold of John Sherewood and that he by his commandement entered and for that that he doth not shew where the command was it is not good otherwise it is if he had justified as Servant and by his commandement 12 Ed. 4. fol. 10. Trespasse upon the Statute of Rich. the Defendant saith that his Predecessour Master of the Hospitall of Saint Johns of Jerusalem was seised and died and that he was Master and entered after his death and might be Master by Election Collation or Presentment and for that it is not good 34 H. 6. fol. 27. Debt upon Obligation the Defendant saith that it is indorsed upon condition to be at the award of J.S. who awarded that he should discontinue his Action which he had made which he hath done and for that it is not shewed what Action nor â—ow it is hanging it is not good 36 H. 6. fol. 9. Maintenance The Defendant iustifies for that that he was his Servant and the Plaintiffe saith that he gave four Marks to maintain and for that that he doth not say hanging the Plea it is not good for it may be before and then it is no Maintenance 3 H. 6. fol 54. Trespasse The Defendant pleads that J.S. enfeoffed the Plaintiffe to the use of Alice by force whereof the said Alice gave to him the Trees and it is no Plea for he doth not shew if the Plaintiffe were seised at the time of the gift to the use of Alice 7 H. 7 f. 3. Trespasse if the Defendant
for life to bind the Fee in Reversion Tenant ought to pray aid of him in remainder and they ought to vouch 25 H. 8. Tit. Recoverie in value 33. where Tenant for life vouches a stranger and the Demandant recovers and he over in value this shall not go to him in Reversion and shall not bind him 27 H. 8. Tit. Recovery in value 28. Tenant in Tailremainder over Entrie in the Post gainst Tenant in Tail and he vouches over this is a recompence and shall barr the remainder Pleas in Court Baron Count upon Lending J. S. complains against T.D. in a Plea of Debt of thirty Shillings four pence for that that is to say c. and thereof the same J.S. by W. T. his Attorney saith that when the aforesaid T.D. tenth day of February the year of the Reigne of Elizabeth now Queen of England twentieth at Islington within the Jurisdiction of this Court borrowed of the aforesaid J.S. the aforesaid thirty shillings four pence to be paid to the sald J.S. when he was required notwithstanding the aforesaid T.D. though he hath been often required the aforesaid thirty shillings and four pence hath not restored it to the said J.S. but to him to pay them as yet hath denied and yet doth denie upon which he saith that he is damnified and hath losse to the value of ten shillings and thereof bringeth his Suit Form of a Plaint in a Court Aaron upon buying of Oyland Madder c. G.B. complaineth agrinst R.C. in a Plea of Debt thirty Shillings four pence for that that is to say that when the aforesaid R.C. eleventh day of April the year of of the Lord 1540. at J. within the Jurisdiction of this Court bought of the said G. B. fourteen gallons of oyl called Meat oyl for fifteen Shillings and three pence one Hundred of Madder for fifteen shillings a penny to be paid to the said G.B. when he should be required which truly in all doth amount to the sum of the aforesaid thirty Shillings four pence notwithstanding the aforesaid R.C. although he hath been often requested the said thirty Shillings four pence to the said G.B. hath not restored but that to him as yet to restore hath denied and yet doth denie by reason whereof he is the worse and hath losse to the value of ten Shillings and therefore bringeth his suit c. and the foresaid R.G. by J.A. his Attorney comes and defends the force and injury when c. and saith that he doth not owe to the aforesaid G.B. the aforesaid thirty Shillings and four pence nor any penny thereof in Form in which the said G.B. complains against him therefore it is considered that the said R.C. should wage his Law and put in two Sureties for the Law J.M. and R.J. and should come with his Law here at the next Court in proper person and it is said to the aforesaid Attorney of the aforesaid R. T. that then he should have here the said R.C. his Master in his proper person to finish his Law aforesaid c. Plaint for accusing a man of Pelony and imprisoning him T.H. complaines against S. D. for that that is to say that when the said Complaint a true and faithfull Liege-man and Subject of our Lady the Queen now and of her Progenitors of the Kingdom of England from the time of his Birth did appear alwayes and as a true Liegeman of our said Lady the Queen and all her Progenitors aforesaid from all the time aforesaid without any Crime of Theft stealing Felony or any other notorious Crime whatsoever from the time of his Birth hitherto hath carried had and kept himself and so with all honest men was reputed and accounted by reason of which name of Honor Fame and Coversation the same Complainant much and great gain and profit to the maintenance of his Living did get and had the foresaid Defendant notwithstanding not ignorant of the Premises the eighteenth Day of July the year of the Reign of our Lady Elizabeth the sixth at J. within the Jurisdiction of this Court out of his meer malice and ill minde threatning and envying the good Report Living Degree state and condition of the said Plaintiff and to blot it and to bring the Complainant into an ill name and Danger of his Life as much as in him lay spoke certain false malicious and scandalous words of the aforesaid Complainant and did publish and openly say that T. H. meaning the said Complainant hath robbed me of forty pounds of money by reason of which scandalous and false words proclaiming and publishing the said Plaintiff not onely in his good name and same for which aforetime he was know and reputed with many honest men and cheifly with J.A. Inholder greatly hurt and wronged he did appear and did incurr and fall into great Infamy and Discredit with the said J. H. and many other of the said Queens now faithfull Subjects Likewise W. G. and W. C. the Constables of L. aforesaid by reason of an ill opinion by them conceived by reason of the said Scandall against the foresaid Complainant published then by reason of the open speaking of those words that the foresaid Complainant was guilty of the Felony aforesaid afterwards that is to say the eighteenth Day of July they took the Complainant and imprisoned him in a Prison of the said Queens called c. Scituate c. In which Prison the said Plaintiff from the said eighteenth Day of Iuly till the twentieth Day of the same Moneth of Iuly for the cause aforesaid was detained which twentieth Day of Iuly the Plaintiff from the said Prison to the Prison c. of the said Queens in c. Scituate c. was removed and then and there imprisoned and in prison from the said twentieth Day of Iuly till the eight and twenty Day of the said Moneth of Iuly for the said cause was detained so that the same Plaintiff not onely suffered and sustained great Cost and Charges by the occasion of his Restraint and Imprisonment but also lost wholly many great profits and gaines which of the said Subjects he might have gained for his maintenance and living if the said scandalous and malicious words so openly proclaimed had not occasioned it to the losse of the said Plaintiff c. three and thirty shillings and four pence and thereof brings his Suit c. Trespass Plaint for walking with his Feet J.R. complaineth against T. B. that is to say in a Plea why by force and armes the Close of the said J. R. at D. he broke and his Grasse to the value of five and thirty shillings and eight pence there late growing walking with his Feet trod down and spoiled and other Injuries offered to him to the great losse of the said J. R. and against the peace of our Lady the Queen now c. and whereof the said J. R. saith that when the aforesaid T.B. the seven and twentieth Day of Ianuary in the year of the Reign of
against Manucaptors in a Plea of Debt THe Keeper c. Greeting We command you that you take A. B. and C. D. writing the addition as it is in the Bail peice Manucaptors of E F of c. as above in the first Capias ad satisfaciendum untill these words to satisfie G H of 30 li. of Debt and 20 s. for his damages c. as above in the first Capias c. untill these words disbursed whereof the said G H is convicted as it doth appear to us upon Record And whereof in the same Court before Us in the Upper Bench at Westm it is considered that the said G H shall have his Execution against the said A B and C D of the Debt and damages aforesaid according to the force form and effect of the Recognisance by them the said A B and C D to the said G H for the said E F in the Court before Us in the Upper Bench at Westm acknowledged And then you have here this Writ Witnes c. The same against the Plaintiffe for not prosecuting his Action THe Keeper c. as above in the first Capias ad satisfaciendum untill these words to satisfie C D of six pounds which in the Court before Us in the Upper Bench at Westm were adjudged to the said C D according to the form of a Statute in such case lately made and provided for his costs and charges by him about his defence in a certain Action of Trespas at the Suit of the said A B in the same Court before Us in the Upper Bench at Westm sustained whereof the said A B is convicted as it doth appear to us upon Record And then you have here this Writ Witnes c. The same for damages in breaking Covenant THe Keeper c. Greeting c. as above in the former directions to satisfie C D of 7 li. for his damages which he sustained by reason of certain Covenants made to the said C D by the said A B lately broken as also for his Costs and charges c. as the first Capias ad satisfac ' to the end If for trespasse thus THe Keeper c. as before untill these words to satisfie C D 7 li. for his damages which he sustained as well by reason of a certain Trespas done to the said C. D by the said A B as for his Costs c. according to the directions in the former If for trespas upon the Case thus THe Keeper c. as above untill these words to satisfie C D of 10 li. for his damages which he sustained as well by reason of a certain Trespas upon the Case lately done to the said C D by the said A B as for his Costs c. as in the former directions next before If for performance oâ— promise thus THe Keeper c. to satisfie C D of 10 li. for his damages which he sustained as well by reason of not performing of certain promises and assumptions lately made to the said C D by the said A B. as for his costs c. as above The same for costs for the Defendant upon a Verdict at the Assizes against the Plaintiffe THe Keeper c. as above untill these words to satisfie C D of 40 s. for his costs and charges by him disbursed about his defence in a certain Plea of Trespas upon the Case at the Suit of the said A B prosecuted in the Court before us in the Upper Bench at Westm And then you have here this Writ Witnes c. Fieri facias in a Plea of Debt THe Keepers of the Liberty c. To the Sheriffe of Leicestershire Greeting We command you that you cause to be made of the goods and Chattels of the said A. B. in your Bayliwick as well a certain debt of fourty pounds which C. D. lately in the Court before us at the Upper Bench at Westminster recovered against the said A. B. as also one and twenty Shillings which to the said C D. in the same Court were adjudged for his damages which he sustained aswell by occasion of detaining of that debt as for his costs and charges by him about his Suit in that behalf disbursed whereof the said A. B. is convicted as it doth appear to us upon Record when the Judgment is renued by a Scir ' fac ' then this sentence is to be in the execution wherof in the same Court before us in the Upper Bench at Westminster it is considered that the said C. D. may have his execution against the said A B according to the force form and effect of the recovery aforesaid And you have that monies before us in the Upper Bench at Westminster on Friday next after the morrow of the holy Trinity to restore to the said C. D. for his debt and damages aforesaid and then you have here this Writ Witnes c. A Testatum thereupon THe Keeper c. To the Sheriffe of Middl Greeting Whereas we have lately commanded the Sheriffe of London that they should cause to be made of the goods and Chattels of A. B. in their Bayliwick aswell a certain debt of one hundred pounds which C. D. in the Court before us in the Upper Bench at Westminster lately recovered against the said A. B. as also one and twenty shillings which to the said C. D. in the same Court were adjudged for his damages which he sustained aswell by occasion of detaining of that debt as for his costs and charges by him about his Suit in that behalf disbursed whereof the said A. B. is convicted as it doth appear to us of Record And that they should have those monies before us in the Upper Bench at Westminster at a certain day now past to restore to the said C. D. for the debt and damages aforesaid And the said Sheriffes of London at the day have returned to us that the said A B. hath nothing in their Bayliwick whereby they might cause to be made the debt and damages or any parcell thereof whereupon on the behalf of the said C. D. in the Court before us it is sufficiently testified that the said A B. hath goods and Chattels sufficient in your Bayliwick whereof you may make or cause to be made the debt and damages aforesaid Therefore we command you that you cause to be made of the goods and Chattels of the said A. B. in your Bayliwick the said hundred pounds of debt the said one and 20 s. for damages aforesaid And you have there those monies before us in the Upper Bench at Westminster on Thursday next after the eight dayes of the holy Trinity to render to the said C. D. for the debt and damages aforesaid and you have here this Writ Witnes c. A Devastavit returned and thereupon a Fier ' Fac ' of the proper goods of the Executor THe Keeper c. Greeting Whereas by our Writ we have lately commanded you that you cause to be leavied of the goods and Chattels