water 2 Hen. 7. 11. B. 2. For keeping of sheep delivered to me for a year to dung my Land Nat. 26. B. D. 1. Against him that I give money to give to my Attorney and he gives it to my adversary 20. Hen. 7. 9. 2. If I lent my plate or other goods and he wastes them or misuseth them or converts them to his own use 27 Hen. 8. 25. 28 Hen. 8. Dyer 22. pl. 137. 20 Hen. 7. 4. 2 Hen. 7. 11. 2 Edw. 4. 5. 18 Edw. 4. 23. 21 Edw. 4. 19. Crooke 2 Hen. 8. 160. pl. 2. 3. If against a Bayly that cuts my trees or kills my Cowes 18 Edw. 4. 23. 4. If a Bayly lend them to B. and he wastes them it lyes against B. 12 Edw. 4. 13. 5. Against my Butler that breaks my Hanaper 18 Edw. 4. 27. 6. For baylment of a Bag in which was 20 l. and he breaks the seal 21 Edw. 4. 30. pl. 25. 7. So for an obligation 39 Hen. 6. 46. 8. Against a Bayly of beasts which kills them Littleton 15. A. Dyer 121. pl. 17. 14 Hen. 8. 12. The executor comes to the heir 31 dayes after the death of the Testator and demands the goods that are in the house and he refuses to deliver them 1 this is a Convenient time 2 this wronge is punishable Mich. 7. Jac. Ban. Regis Steedmans case 1. A. sold 20. cords of wood to B. to have by assignement and afterward sold 4000. to C. to have at his election and assignes to B. which he shall cut and C. takes them B. shall have an Action Coke 5. parte 24. Palmers case 2. Tenant for years shall have estovers in the wood of B. which shall be cut or have an Action Coke 9. part 112. B. Mayers case 1. Against a Carrier that breaks Pots and glasses 2 Hen. 7. 2. 2. If the things be delivered to the servant of the Carrier yet an action lyes against the Master Pash 9. Jac. Ban. Regis Wornhall et Bradshaw 1. For delivering a horse to B. for safeguard who delivers him to C. to the use of A. who spoyls him A. shall have an Action against C. 12 Edw. 4. 13. pl. 9. 2. Against a Smith that pricks my horse Nat. br 94. D. vide the writ there 17 Ed. 4. 43. 11 Edw. 4. 6. 46 Edw. 3. 19. 3 Hen. 6. 36. 14 Hen. 6. 18. Regist orig 106. A. 48 Edw. 3. 6. pl. 11. And if the Smith lends the horse to another who pricks him Action lyes against the second 12 Edw. 4. 13. A servant brought a horse to the smith who pricked him by which the service of the Master is neglected the Master shall have an Action Hill Jac. Ban. Regis For taking my Pigeons with engines 16 Edw. 4. 7. For playing with false Dice Nat. br 95. D. Regist orig 240. No. Lib. Intra 8. sect 8. The same law of false Cares Coke 11. part 87. B. Monopolies 1. For distraining of a Horse of a Prelate when he had other things distrainable Nat. br 93. I. Regist orig 100. B. Coke 4. part 95. A. Slades Case 2. For distraining in a high-way or in any spirituall Land belonging to a church against the Articles of the Clerks 94 E. Regist 100. B. 3. For distraining one to come to my Leete when he owed sute to my leete Nat. br 94. G. For distraining Cowes and then impounding till they cast their Calves Nat. br 86. E. For distraining Cattle of the plough or Lambs where there was other sufficient distresse Lib. Intra 226. D. distres the writ there Nat. br 90. B. The count shall not shew that there was other sufficient distresse but it shall be Contra formam statuti 14 Eliz. Dyer 312. pl. 86. And it lyes although the Tenant hath made Agreement for the Rent 18 Edw. 2. For distraining in one Liberty where the Contract was not made Regist orig A. per Westm 1. cap. 34. By a Goaler against a prisoner that escapes being committed per Auditors Nat. br 95. C. 130. B. the writ there For Tearing an obligation delivered to be kept 39 Hen. 6. 44. Lib. intra 7. B. sect 1. It was delivered in the nature of an acquittance absque hoc that it was c. Lib. Intra 7. B. sect 2. Against a ferry-man that surcharges his boat by which my horse is drowned 22. Assize 41. 1. For forging of an obligation that is put in sute against me 5 Edw. 4. 126. pl. 44. Coke 4. part 18. B. case 14. 42. Assize 8. 2. For forging of a Resignation Regist orig 114. B. 3. For forging of a will 5 Edw. 4. 126. B. 4. For Counterfeiting a letter in the name of his Master that the Plaintiff would send his Master 20 l. upon which the Plaintiff delivered 20 l. to the Defendant 33 Hen. 8. cap. 1. pash 7. Jac. Ban. Regis Tracy versus Veale alias Smyth For taking away a ward he shall have the value of the marriage 29. Assize 35. For putting something in my ditch whereby my grain is drowned Regist orig 95. B. 97. A. For menacing to take my goods if I do not give him 20 l. 7 Edw. 42. For taking away my pales 15 Ed. 4. 4. Choke For putting in a River piles by which my oxen perish Nat. br 92. F. For taking my goods after protection to me granted Regist orig 12. A. By a Shreive against one that Rescued one in execution Dyer 241. pl. 47. 1. For taking my servant out of my service 19 Rich. 2. Action upon the case 52. Not his servant a good bar 20 Hen. 7. 4. pl. 13. Fineux 2. For inticing my servant to depart and him retaine 11 Hen. 4. 23. 3. For beating my servant though he serve me but for pleasure 21 Hen. 6. 9. But he ought to committ per quod he lost his service Coke 9. part 113. A. Mayers case 18 Edw. 4. 27. pl. 24. 2 Hen. 4. 12. pl. 49. 28 Hen. 6. 14. and there was omitted this word per and yet good And if the plaintiff have a verdict and doeth not count as aforesaid he shall never have judgement Crooke 21 Hen. 7. 71. pl. 15. But he need not count of the retainer 21 Hen. 6. 31. pl. 18. 22 Hen. 6. 30. B. et 43. B. 31 Hen. 6. 12. pl. 2. 4. For menacing my servant per quod c. Regist orig 94. B. 5. For assault and battery of my servant per quod c. Regist orig 102. A. Nat. br 91. vide the count Lib. Intra 613. B. sect 19. 674. C. sect 1. 6. For assault and battery and imprisonment till he made fine per quod c. 19 Hen. 6. 35. pl. 73. 7. For battery maheyme and imprisonment per quod c. Crooke 7 Hen. 8. 180. pl. 4. 8. When his Dog bites my servant per quod c. Regist 111. A. A good plea to the
writ that it was his wife that was prise 7 Rich. 2. traverse 206. So that it was his Farmor 13 Rich. 2. traverse 210. So that it was his prentice 2 Hen. 6. 31. pl. 18. So that it was his companion 37 Hen. 6. 7. pl. 13. Against the lessor that outs the executors of the Terme Nat. br 92. G. And the writ is there by summons not per pone per vadios c. For doing of wronge to the damage of another touching his body For lying in waite to kill me or take me as villein so that I dare not goe about my businesse 2 Edw. 4. 5. 17 Edw. 4. 4. Regist orig 101. 102. Crooke 13 Hen. 7. 26 27. 2 Hen. 7. 12. pl. 15. Coke 4. part 18. A. case 14. Note Actio quod metus causa fuit datur ei qui probabli metu rem suam tradidit vendidit vel promisit versus eum qui metum intulit et dicitur metus probabilis qui in virum constantem cadere possit et non in hominem metriculosum Bracton Lib. 3. cap. 4. fol. 103. B. 1. For arresting me in the name of B. without his consent 7 Hen. 6. 43. pl. 19. 2. For arresting me without cause 8 Ed. 4. 13. But this ought to be by collusion to vex me 43 Edw. 3. 20. 3. For arresting me to appear in the Marshalsey where I was not sued 3 Hen. 6. estoppell 18. 10 Hen. 6. 13. 7 Hen. 6. 30. 4. For arresting me in London knowing I was priviledged in Banke 7 Hen. 6. 45. 5. Against a Shreive for returning me nihil where I had lands by which I was taken per Capias Nat. br 93. B. 31 Edw. 3 proces 55. For arresting me and bringing me before a Justice where I was indicted and Acquitted and good allthough the time of the arrest is not shewed because the other is vexation Trin. 7. Jac. Ban. Regis Olivers case If one exhibite Articles to a Justice of peace against B. to have him bound to his good behaviour no Action lyes for this because it is in Course of Justice Coke 4. part 14. B. For putting Irons and putting in the stocks and giving little sustenance to one Committed for debt or Arrearages in Account Nat. br 83. H. For procuring another to be indicted without cause Nat. br 114. D. 116. A. For procuring B. to be indicted for A common Barector and acquitted secundum Leges Angliae 1. good although that the count was that he was lawfully acquitted for it is so implyed 2. ought to have Counted quod inde acquietatus fuit or words that do amount to so much Mich. 7. Jac. Ban. Regis Rott 407. Bell. versus Gamble For threatning by word or writing to beat me if I come out of my house 17 Edw 3. 4. vide Bracton Lib. 3. cap. 4. fol. 113. B. For threatning another of life and member 10 Edw. 4. 6. the writ and count Lib. intra 661. B. sect 1. 2. For putting poyson in my meat Regist orig 102. A. Against a surgeon that impairs the body by his Medicine 21 Hen. 6. 55. 11 Rich. 2. Action upon the case 37. For doing a thing to the damage of another touching his name which is Slander Dicitur quod scandalosum est generale verbum that one does to the overthrow of another therefore it is conceived that if the words are spoken to the wrong of another an Action lyes Kitchin 173. Fit autum injuria non solum cum quiâ— puguo percussus fuit verberatus vulneratus vel fustibus cesus verum cum â—i convitiâ—m dictum fuit vel de eo factum crimen famosum hujusmodi Bracton Lib. 3. fol. 155. A. There are 2 kinds of defamations Spirituall and Temporal Nat. br 55. Note when words are spoken adjectively if they touch one in his Profession or Trade they are actionable otherwise not Coke 4. part 19. case 15. Also if they imply or presume an illoyall act then an action lyes although they are spoken adjectivly but if they imply an intention only then an action lyes not Coke 4. part 19. B. case 15. It lyes not for calling one adulterer because it belongs to the spirituall Court 27 Hen. 8. 17. Coke 4. part 17. case 11. but now it doeth because Adultry is made death 1. For calling a man Bankrupt it lyes not unless a man be a Marchant or use a Trade pash 40 Eliz. Beckard Constable it was there doubted then one case was Cited in Ban. Regis that it did not lye 2. For saying that B. will be a Bankrupt within 2 dayes it lyes 6 Edw. 6. Dyer 72. pl. 6. Coke 4. part fol. 19. 3. A. shews that he was a Shoomaker and did use to buy and sell per 10 years the defendant said that he was a bankrupt and this was good although he did not shew that he was a shoomaker for it is implyed in that he sayd he used to buy and sell per 10 years Mich. 9. Jac. Ban. Regis Dayet Chandler 4. For calling a Merchant Bankrupt Knave it lyes because it toucheth him in his profession Coke 4. part 19. A. B. 1. For Calling one Basterd if he be an Heir No. Lib. Intr. 28. sect 25. Trin. 25 Eliz. Ban. Regis 2. A. intends to present B. to a Church and C. sayes that he is a bastard by which he is not presented B. shall have an Action Coke 4. part 17. case 11. For Calling one Bawd it lyes not 27 Hen. 8. kitchin 173. because it belongs to the spirituall Court A. said to B. your Attorney is a bribing knave Action lyes because it toucheth him in his profession Mich. 11. Jac. Com. Ban. Yardly et Eâ—ill A. said of an Attorney You are well known to be a Corrupt man and to deal Corruptly Action lyes Coke 4. part 16. case 6. For Calling a man Common Misseasor or Barector it lyes not Kitchin 173. A. vide 22. Assiz 43. 1. For Calling a man Cousener it lyes not Coke 4. part 15. B. 2. Thou art a Cosening knave and hast Cosened my 2 Kinsmen of Land worth 6000 l. and I will bring thee to stand upon the Pillory for it the action lyes not Kitchin 173. B. 3. A. is a Cosening knave and I have proved him a Cosening knave for selling me a saphir for a diamond it lyes not Kitchin 174. A. 4. If Sr. John S. may have his will he would kill all true subjects and the King and he is a maintainer of Papists and rebellious persons upon not guilty the Jury found that he said I think in my Conscience ut supra c. 1 the words are Actionable for scandalum dicitur quod parit ruinam vel occasionem ruinae 2 the Jury found the substance and no variance Mich. 14. Jac. Regis Sydenham et May. Thou art an enemie to the state of this Realm an action lyes Hill 40. Eliz. Com. Ban. Hooknell
Pox and they have made such holes in her that you may turne your finger in them and K. the Srugeon hath given her a dyet drink to heal them take heed how you drink with her Action lyes 1 for calling her whore and this is the cause of the Pox 2. the cure is published to wit the surgeon and the drink 3. the contagion take heed how you drink with her ergo it shall be intended the french Pox Trin. 15. Jac. Ban. Regis Milner and his wife against Reeve 1. A. said of B. being a Barrester that he had as much law as a Jack an Apes action lyes because it is an unreasonable creature not having any law and it scandals him in his profession Mich. 36. et 37 Eliz. Ban. Regis Palmers case For saying of a counsellor he will deceave you he was of my counsell and reavealed my Cause No. Lib. Intra 22. B. sect 19. For calling a man Rogue it lyes not Kitchin 173. B. A. sayes of a Preacher thou hast made a seditious Sermon to day and moved the people to it Action lyes because he is scandalized in his profession Coke 4. part 19. case 15. An Action de scandalis magnatum was brought for saying you like of those that maintain sedition against the Queenes proceedings Coke 4. part 12. B. Cromwells case L. said E. did report that your wife sacrificed her child to the devill to make away my mother Action lyes because sorcery is felony per 11. Jac. Regis and there is an evill intention and an act joyned together Pash 15. Jac. Locke versus Locke It lyes for calling one Traytor 27 Hen. 8. 14. 30. Assize 29. Coke 10. part 130. B. Osburns case Thou didest speak treason action lyes 9. Jac. Brereford et Preston Walter said P. did say that Mr. Lewis did say there was no Prince in England action lyes and it cannot be intended but Prince Charles and because it toucheth the plaintiff in his Alleageance it shall be taken in the favourablest sence as is Fama fides occulus non patiuntur Ludum Hill 14. Jac. Ban. Regis Lewis et Walter For calling one Userer it lyes not because it meerly belongs to the spirituall Court 27 Hen. 8. 17. It lyes not for calling one whore Mich. 9. Jac. Ban. Regis Hudsons case Coke 4. part 18. A. but it doeth by the late action But in London by customes it did lye before but if it be removed to Westm no Procedendo shall be granted for such customes to maintain actions for brabling words is against the Law Coke 4. part 18. A. case 13. For saying of a Maid that she had a Bastard an action lyes 1 because it is punishable by our Law 2 if she be to be married it hinders her preferment Coke 4. part 16. case 11. Davies et Gardiner For doing of wronge to the dammage of another touching suits in Law For suing me in the Admiralty for matter above neque super altum mare neque ultra mare per 2 Hen. 4. cap. 11. 5. Mariae Dyer 159. pl. 37. But if one which is only Bayly in the admiralty and is arrested when the principall matter is not determinable there this Action lyes quaere for it was argued at the bar Mich. 11. Jac. Com. Ban. Rott 1127. Rowe versus Alporte Against him that disturbs an officer to make Attachment Against a Bayly of a Franchise that frandulently delivers to the owner his goods attached Naâ— br 93. F. 2 Edw. 3. 43. 1. Against an Attorney that makes default by which my land is lost Lib. Intra 2. A. sect 1. vide the count there 2. For sueing debt in my name without my assent 7. Hen. 6. 43. 45. 3. For Appearing without warrant and imparling where the party is misnamed because he looseth the Advntage of the plea 15 Hen. 7. 14. For taking an obligation in his own name where it ought to be taken in his Masters 20 Hen. 6. 25. 5. It lyes for not executing his office 20 Hen. 7. 9. A. Knigsmell 6. It lyes for Utlawing me in the name of B. that was dead at the time Coke 7. part 1. A. Bulwers case 7. It lyes for pleading Non sum informatus without warrant 20 Eliz. Dyer 361. pl. 13. 8. It lyes for appearing in default of the Tenant and confessing the Action without warant 9 Edw. 4. 13. 43 Edw. 3. 20. Regist orig 113. A. 9. Against him that will be my Attorny without my Assent 42 Edw. 3. 14. Against a Counsellor retained for a certain sum and he discovers his counsell and was of Counsell with the other party and good although he doth not shew for what summe he was retayned 11 Hen. 6. 2. 18. Action upon the case the 7. Lib. Intra 2. B. sect 2. Against a Counsellor that is an Ambodexter Lib. intra 2. B. sect 3. Aganist him that sues me for Tyths in court Christian although I shew him a Composition out of memory 8 Edw. 4. 13. 1. Against a Sheriff that suffers one to escape upon a Capias ad Computandum for he shall not have an action of debt because there is no duty certain 15 Edw. 4. 19. 16 Edw. 4. 2. 3. escape 37. 2. Against a Goaler that lets one escape that was committed upon the statute of Labourers 14 Hen. 6. 8. 3. Against a Goaler that suffers one to escape taken upon a Capias upon A statute Marchant Nat. br 93. A. 4. Against a Goaler that suffers one to escape upon execution Lib. Intra 8. C. sect 1. 5. Against a prisoner that breaks prison and escapes Nat br 95. C. 130. B. 6. Against an Officer that arrests one at my sute and suffers him to escape Regist 111. A. et B. Against a shrieve that quashes essoynes in Reply erronice without assent of the sutors 20. Assize 45. 1. A. having goods of B. in his house the Sheriff comes and takes the goods in execution and A. him disturbs 1 if the sheriff gives notice to A. and after he disturbs him the plaintiff shall have this action against him otherwise not 2 A may keep his house fast till notice 3 the count is not sufficient that A. praemissorum non ignarus c. but it ought to be alleadged precisely Coke 5. part 93. A. Semaines case 2. By hindering execution by Removing the Record by Attaint Regist orig 113. A. Against him that shews execution upon a statute as executor of the Conusee where he is not or where the Conusee is alive 2 Rich. 3. 8. 1. Against a Shrieve that returnes 4 to exactus where it should be 5 to exactus 9 Hen. 6. 60. 81. 2. For returning Cattle estrayed which are dead 32 Hen. 6. 27. 3. For making other returne then the Bayly made 36 Hen. 6. 1. 30. Assize 5. 4. For returning a man of the enquest where he shews him a Charter to the contrary 18 Hen. 8.
and dyes no action lyes quia mors omnia solvit 48 Edw. 3. 2. B. pl. 4. Finchden Hill 33 Eliz. ban Regis Wilson Mapes A parson leases his Rectory and covenants to save harmlesse the Lesse concerning the lands and profits for one year against Blunt Blunt enters within the year Covenant lyes because it is expressed against a certain person Lessee covenants that he will not assigne his Term over by which it may come to D. the Lessee assignes it to K. per curiam Covenant lyes for he hath put the power out of him Trin. 13. Jac. com ban Guines case A fine levied of rent a Writ of Covenant lies 22 Edw. 4. 2. pl. 6. The Count in Covenant 1. Personal 2. Real The Count was that per Indenturam suam testat existit that the Defendant covenanted this is good but such plea in Barre is not good Mich. 7 Jac. ban Regis Wyrdnam versus Faukner 2 Mariae 117. pl. 78. Prior and covent Lease to 2 for years with warranty per Indenture rendering rent one dyes after possession the other survives and was sole possest the prior dyes the defendant fuit electus et praefectus et tali die expulsus et ejectus the survivour and so the defendant did not hold covenant made between the late Prior and the said survivour Lib. intra 135. D. sect 2. Count upon covenants to make a new lease Com. 2. Chapmans case A. leases to B. for 6 years if C. live so long and covenants that he had power to demise it c. B. in covenant needs not count that C. was in life for if he were dead at the time of the demise then covenant lyes 2 he need not shew that he had the better right because he did pursue the words of the covenant negative Coke 9. part 60. Bradshawes case Count by the Lessor against the Lessee that covenants to pay all charges and pays not the tenths granted per parliament Lib. intra 136. C. sect 4 The Count shall be generall that he hath broken covenants between them to the damage c. the other shall say that they are performed the plaintiff may reply that they are not becuse he shall have damage for every covenant broken but upon an obligation he ought to shew in what he hath made a breach because he shall have the forfeiture for one breach 6. Hen. 4. 8. pl. 34. Tenant for life leases for years rendering Rent the lessee covenants and is expulsed by him in remainder 1 he ought to count that he was possest 2 he ought to shew the estate for life and the remainder certain 9 Eliz. Dyer 257. pl. 13. Writ in covenant 1 Personall 2 Reall Rex c. justicies A. quod teneant B. conventionem inter eos factam de quibusdam defectibus in Mannerio ipsius B. de N. existentibus sumptibus ipsius A. competenter emendand siâ—ut c. ne amplius c. Regist orig 167. A. Rex c. praecipe A. de B. quod juste c. teneat W. conventionem inter eos factam de viginti acris terrae in K. frumento et alio blado competenti seminandum et de bladis et terris praedict cresentibus metend et ad domus ipsius W. sumptibus ejusdem A. in eadem villa cariandis et nisi fecerit c. Regist orig 166. A. The writ shall be brought where the covenant was made Nat. br 146. E. 11 Rich. 2. But it is no plea to abate the writ unlesse the deed bears date in another county Nat. br 146. E. The writ for outing the Lessee shall be de dampnis et de perditis occasione c. 9 Eliz. Dyer 257. pl. 13. The writ ought to mention all the executors which did administer 47 Edw. 3. 22. pl. 20. 48 Edw. 3. 2. pl. 4. The Process in Covenant 1. Before appearance 2. After 1. By the Common Law the process was but a distresse infinite 22 Hen. 6. 13. Br. exigend 29. 48 Edw. 3. 29. pl. 15. 2. The parties appear and day given over salvis partibus c. the Defendant makes default at the day a distresse was awarded against him Lib. Intra 134. B. Sect. 1. Non fit breve de Attachiamento quia oporteat quod partes compareant personaliter in Curia Regist orig 165 A. The Barre in Covenant 1. Personal 2. Real 1. When one certain duty accrues by the Covenant at the time of doing of it Accord with satisfaction is no plea Coke 6. part 44. A. Blakes case But where no certain duty accrues until the subsequent Act or Wrong there Accord with satisfaction is a good plea Coke 6. part 44. A. Blakes case Covenant to a Parson for the enjoying his Benefice and he deserts the Cure is voyd 14 Eliz. cap. 11. Rastal Leases 244. D. 23 Eliz. Dyer 372. pl. 11. this is after the Parson is absent fourty dayes in the year and not otherwise A. covenants to gather the rents in D. and he pleads that he was interrupted by the Plaintiff a good Barre Crooke 13 Hen. 7. 34. pl. 2. Lessee covenants to surrender before the terme ends and a stranger that hath right enters upon the Lessee this is a discharge because the Lessee is disabled Hill 41. Eliz. com Ban. Andrews versus Nedham 45 Edw. 3. 48. Performance generally a good plea 6 Hen. 4. 8. pl. 34. Covenant upon a Demise by Indenture and eviction by a stranger by a greater Title it is no Barre to traverse the possssion of the Plaintiff without particular cause shewing because it is by Indenture Trin. 3 Jac. ban Regis Stile versus Hearing A. covenants to make a good estate in Coppie-hold Land to B. before Easter during the life of Cox no plea to say that it was surrendred to the Lord by his procurement if he shews not that he was admitted for nothing vests in him to whose use it is till admittance Mich. 15 Jac. ban Regis Stiles versus Smith Release is no Barre before the covenant is broken Coke 4. part 71. Hors case 5 Eliz. Dyer 217. pl. 2. Coke 1. part 99. A. Shellyes case If it be not by expresse words Coke 5. part 71 A. 35 Hen. 8. Dyer 57. pl. 24 Bramly Judgement in covenant 1. Personal 2. Real Judgement against an Executor for a Covenant broken after the death of the Testator is of the Testators goods 15 Eliz. Dyer 324. pl. 34. If a Lessee recover being outed by the Lessor he shall recover his Term Nat. br 145. M. 47 Edw. 3. 24. pl. 61. 20 Edw. 3. Judgement 177. and also Damages Nat. br 145. M. Execution in covenant 1. Personal 2. Real 1. Per Common Law 2. Per State Law By the Common Law it is but a Levari facias Lib. intra 133. D. Sect. 2. fieri facas Lib. intra 138. A. Sect. 1. But no other Coke 3 part 12. A. Harberts case This only within the year for if the
and could not speak Welsh it was demurred to Trin. 27 Eliz. Albany versus Episcopum S. Assaf These are not causes of Refusal That he hath another benefice with Cure 14 Hen. 7. 28. B. Hunter of Taverns and a player at unlawful Gamâ—s Coke 5. part 57. Specots case 9 Eliz. Dyer 254. Criminosus 34. Hen. 6. 39. A. These are good causes of Refusal Attainted 15 Hen. 5. 17. B. Keble Excommunicated per 40. days 115 Hen. 7. 7. B. Keble Infant not of the Age of 14. year Perkins 4. A. Joynt Tenant or Tenant in common not agreeing Nat. br 34. V. The same Law is if one present alone 14 Eliz. Dyer 340. pl. 54. Master of a Colledge presented by the Colledge 14 Hen. 8. 23. Utlawed 15 Hen. 7. 17. B. Keble A Corporation ought to present in writing 14 Hen. 8. 2. Body natural may present by word 14 Hen. 4. 22. The King may present by word 19 Edw. 3. Quare Impedit 60. No bar to say that the other Writ was abated if it were for form or false Latine Coke 7. part 27. B. Portmans case But that it abated because the Plaintiff was made Knight the Writ depending this is a good bar Coke 7. part 27. B. Portmans case The Plaintiff Counts of the presentment to the Advowson in Gross and grants it to him defendant pleads appendant he cannot travers that it was not in gross because by intendment there are several Advowsons Crook 19 Hen. 7. 51. pl. 1. Arbitrement a good bar Lib. intra 498. C. s 1. Confirmation or ratification by the King to the Incumbent a good Bar against the King 7 Hen. 4. 13. 14 Hen. 4. 25. 837. Lib. intra 531. Sect. 22. But this ought to be after Induction 11 Hen. 4. 9. If the King be deceived he may repeal this confirmation 31 Edw. 3. Quare Impedit 161. But then the repeal ought to be before Induction or Installation 25 Edw. 3. 47. If the King recover and confirm the Incumbent this is no bar to the next avoidance because his Judgement cannot be executed Nat. br 34. F. 10 Edw. 3. 389. pl. 32. 18 Edw. 3. 57. pl. 87. But if he Lease the Advowsons afterwards quaere who shall have them Where one brought a Quare Impedit and discontinued a good bar althought that it was purchased afterwards within the 6. moneths Coke 7. part 27. B. Portmans case Fine levyed by the Ancestor of the Plaintiff a good bar Lib. intra 532. C. Sect. 3. Warranty and assets a good bar against the Issue in Tayl 43 Edw. 3. 24. pl. 31. Did not Disturb a good bar Lib. Intra 503. C. Sect. 2. 22 Edw. 3. 17. pl. 71. This may be pleaded to the grand Distress 22 Edw. 3. 17. pl. 71. But 21 Hen. 6. 45. A. 2 Edw. 3. 32. pl. 7. that it is no bar because no title is made 14 Edw. 3. Judgement 158. But if it be a good plea yet after Issue joyned it is not because it is a delay and so a disturbance 3 Edw. 3. 50. pl. 6. 4 Edw. 3. 97. pl. 31. 17 Edw. 3. 71. But 18 Edw. 3. 149. pl. 15. fol. 359. B. è contra after title made this is no plea 5 Hen. 4. 20. Br. Quare Impedit 62. Against the King it is no bar because the party there ought to make a title 7 Hen. 4. 32. pl. 18. Non-suit after appearance in another Quare Impedit before is a good bar although the last be purchased within 6. months Coke 7. part 27. B. Portmans case 22 Hen. 6. 25. 27. And so if the former Writ were brought by the Plaintiff and another 5 E. 3. 157. pl. 10. No such Church in the same County no bar 8 Hen. 6. 37. pl. 69. 9 Hen. 6. 17. But 45 Edw. 3. 36. pl. 2. è Contra. Pardon of the King by alienation no bar if the Church be void before the pardon 27 Edw. 3. 38. Plenarty a good bar though the Patron had not notice of the Avoidance for this is to stop the Collation but not Presentation Pasch 39 Eliz. Com. Ban. Scriven against the Bishop of Lincoln Plenarty of a Frank Chappel is no bar for he shall be put to his Quare Impedit then it shall be presentative afterwards 22 Hen. 6. 25. B. The Church is full against a Common person by Institution 22 Hen. 6. 27. A. 14 H. 8. 2. Brudnel 12 Hen. 4. 38. And against the King by Induction 22 Hen. 6. 27. B. He that pleads plenarty ought to say that it is full of his own presentment for if the Defendant be disturbed he shall be punished and if he hath title he ought to shew it 3 Hen. 6. 20. Br. plenarty 6. 16 Edw. 4. 11. 8 Edw. 3. Statham He shall plead that he was in per 6. moneths of his presentment before the purchase But if it be of a presentment of his predecessor of the Plaintiff yet it is good 8 Edw. 3. presentment 5. The 6. moneths shall be accounted according to the Kalender Coke 6. part 61 62. Catesbyes case Who shall plead plenarty and who not Incumbent pleads plenarty of him ex praesentatione B. Coke 6. part 48. B. 22 Hen. 6. 14. pl. 22. New Lib. intra 265. A. absque hoc that it was void for the Incumbent is not able to plead it per 25. Edw. 3. cap. 7. But 16 Edw. 4. 11. pl. 6. Com. 501. A. Manwood e contra Because he that pleads this ought to say that the Incumbent is in of his own presentation 2 Richar. 2. Incumbent 4. Belknap 46 Edw. 3. 19. 18 Edw. 3. Quare Impedit 48. But per 4 Edw. 4. 13. The Incumbent pleads that the Plaintiff or his Predecessor presented him Parson imparsonee cannot plead plenarty because that he cannot say that he is in per six Moneths of his own presentment 38 Hen. 6. 20. B. 33 Hen. 6. 12. pl. 27. Com. 501. A. Manwood 39 Hen. 6. 20. 46. Assize pl. 4. Estranger or he that claims nothing in the Patronage cannot plead Plenarty 7 Hen. 4. 34. per Fitz James Against whom Plenarty is no plea. Against the Lord that enters for Mortmain it is no Plea because the Lord hath liberty to enter at any time within the year 21 Edw. 3. 27. pl. 25. 29 Edw. 3. 10. pl. 31. Thorpe 47 Edw. 3. 11. pl. 8. But after the year it is a good plea 25 Edward 3. 34. 26 Edw. 3. Quare Impedit 163. Quaere if it be good against the Lord by Escheat 13 Hen. 8. 14. Brudnel It is no plea against the King 35 Hen. 6. 26. A. 1 Edw. 3. 17. pl. 9. 8 Edw. 3. 304. pl. 55. 43 Edw. 3. 14. pl. 8. But against the Queen it seems to be good 18 Edw. 3. 13. pl. 9. 44 Edw. 3. Br. Plenarty 4. A good bar to say that the Plaintiff presented his Clerk and was inducted before the Writ purchased 12 Hen.
or Service upon a guift in Tayle or other particular estate Coke 8. part 65. A. Fosters case What Seisin shall be good Seisin of the Superior service is seisin of all inferiors because they are incident to it Coke 4 part 8. Bevils case Seisin of Escuage is seisin of Homage Coke 4 part 8. Seisin of Homage is seisin of Fealty Coke 4 part 8. Seisin of Homage is seisin of the Superior or Inferior Seisin of Homage is sesin of Escuage 13 Edw. 4. 5. and is seisin of Relief 13 Edw. 4. 5. Seisin of fealty is seisin of all because he takes an oath to do all Coke 4 part 8. A. Bevills case 44 Edw. 3. 11. 8 Hen. 6. 16 Seisin of annuall service is seisin of every casuall service Coke 4 part 8 9. Bevills case 20 Edw. 3. Avoury 121. 7 6. B. avoury 69. Rent is seisin of fealty 29 Edw. 3. 21. A. 3 Edw. 2. avowry 188. Seisin of annual service is not seisin of other annual service because it is the folly of the Lord because he did not obtain that which is annuall Coke 4 part 9. A. Bevills case 16 Eliz Dyer 330. Reservation the former year one Rose and afterwards 20 s. per annum the seisin of the one gives the seisin of the other Coke 4 part 9. Bevills case The Lord recovers damagefor suit this is a good seisin of the suit Coke 4 part A. Bevills case 1. Note that seisin in law is sufficient seisin within the statute 35 Hen. 8. cap. 2. 1 because the intent of the Feoffors was to limit the time and not to exclude any seisin that was at Common law 2. the words being possession or seisin in the distjunctive make an actual seisin which referrs to the three former branches and seisin this is actuall or in Law which referrs to the fourth branch Coke 4 part 10. Bevills case Measnalty extinct per purchase of the tenant the old seisin doth suffice for the Rent-seck Coke 4 part 9. A. 2 Edw. 2. extinguish 6. A Signory granted upon condition which is broken the antient seisin sufficeth for the distress is in lieu of the entry Coke 4 part 9. B. Bevills case Bar to an Advoury Tender of amends for damage fesant before distress or impounding is goodbut not afterward Coke 5 part 76. A. 8 part 147. A Doct. et student 112. b. Nat. br 69. G. Tender amends after distress and afore impounding the detainer is wrongfull and not the distress Coke 8 part 147. A. Carpenters case The tender of amends to the bayly is not good Coke 5 part 76. A. Pilkingtons case 1 Hen. 4 15 pl. 17. A claims common appurtenant to such a house pro omnibus averiis magnis and verdict given and it was resolved after verdict that although he doth not say suis it is good 2. although he sayd not common appurtenant Pasch 15. Jac. ban Regis Disclaimer a good barr Coke 9. part 34. Bucknalls case 15 Rich. 2. Avowry 214. Avowry because A. was seised in fee grants a rent to the avowant the other pleads that A. was seised in Tayl this is not good if he traverse not the seisin in fee 11 Eliz. Dyer 280. pl. 16. Out of his fee a good Bar and every Stranger to the Advowry shall plead it Cook 9. part 20. A. 34. 15 Rich. 2. Avowry Note Feodum dum homagium servitium non tenementum in dominico Bracton lib. 2. fol. 46. B. If one avow the other need not say he took them in the high Street but is put to his Action upon the Statute 11 Rich. 2. Avowry 87. Avowry for an Amerciament in Court baron de injuria sua propria a good bar for the Custom traversed Mich. 13. Jac. com Ban. Baker Banks The Plaintiff sayes that the Defendant ought to have inclosed and did not do it sufficiently Vide the pleadings 22 Eliz. Dyer 365. pl. 32. Conusance for damage feasant the other said that they are Coparceners this is good 10 11 Eliz. Dyer 280. pl. 15. Nothing in arreare a good Bar but no stranger shall plead it Coke 9. part 20. A. Release of Actions personals and reals pleaded in Bar of the Avowry for corrody granted with distress a good bar 27 Edw. 3. 81. pl. 13. When the Lord varies from the truth of the quantity of his services by reason of seisin there he cannot traverse the seisin Coke 9. part 33 A. Com. 94. B. Mantels case But if they vary of the quantity by reason of seisin there the seisin is traversable Coke 9. part 33. A. Bucknals case Com. 94. B. Mantels case 18 Edw. 2. Avowry 217. Not seised generally a good Bar for by this he shall have no remedy of the Lord Coke 9. part 34. B. Bucknals case 22 Hen. 6. 3 A. 30. Henry 6. Avowry 15. But if he avow and alleadg seisin by the hands of the Plaintiff or other the Plaintiff shall say never seised by his hands Coke 9. part 35. A. Bucknals case 22 Hen. 6. 3. A. The seisin is not traversable but for that only for which the Avowry is made Coke 9. part 35. A. Bucknals case 26 Henry 8. 1. pl. 1. unless seisin be alleadged of a superior service as if tenure be alleadged per Homage fealty and rent and avow for rent and seisin in all the seisin of the rent is only traversable Coke 9. part 34. A. But if it be of Homage fealty rent and escuage and avow for Homage and alleadg seisin in all there the seisin of escuage is traversable because this is seisin of all Coke 9. part 34. A. Bucknals case 21 Edw. 3. 52. 13 Ed. 3. Avowry 103. 19 Edw. 2. Avowry 224. 16 Edw. 4. 11. pl. 11. Tenure by homage fealty or escuage or suit and other services and seisin of all he may traversethe seisin of Homage and escuage 2. Edw. 3 21. pl. 4. Not seised within 40 years a good bar 32 Hen. 8 cap. 2. Coke 9 part 36. Bucknalls case 14 Eliz Dyer 315. pl. 101. But he that pleads this ought first to confesse a tenure to the intent that the Lord may have a writ of customes and services 15 Rich. 2. avowry 214. Coke 9 part 34. B. Bucknalls case But this is no plea in avoury for rent upon a grant or reservation by deed because the deed is the title Coke 8 part 65. A. Fosters case Or upon a gift in Tayle because the commencement is within the time of memory Coke 8 part 64. A. Fosters case 4 part 11. A. Bevills case Or if it be for casual services as homage fealty or to go to war because perchance it may not happen within 40 years Coke 4 part 10 11. Bevills case So if the Lord release to the tenant so long as A. hath heirs of his body because A. may have heirs a long time after Coke 4 part 11. A. Bevills case So
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