A SURVEY OF THE LAW. CONTAINING DIRECTIONS how to Prosecute and Defend Personal Actions, usually brought at COMMON LAW. With the Judge's Opinions in Several Cases.  
To which is annexed The nature of a Writ of Error, and the general proceedings thereupon. With a plain Table for the easy finding out of every particular.  
BY William Glisson and Anthony Gulston Esquires, Baristers at Law.  
Good communicated doubles itself.  
— Vivere nemo  
Nunc sine Lite solet, nec sine Lege potest.  
London, Printed for Henry Brome, at the Gun in Ivy-Lane, and Thomas Basset in St. Dunstan's Churchyard. 1659.   

THE CONTENTS Of the BOOK,  

1. Account.  
2. Case.  
3. Covenant.  
4. Detinue.  
5. Debt.  
6. Ejectment.  
7. Quare Impedit.  
8. Replevin.  
9 Trespass.  
10. Trover, c&.   
Wherein is plainly set down and demonstrated.  

1. What their several natures are.  
2. How many fold.  
3. In what court they most properly lie.  
4. Who may best bring them.  
5. Against whom.  
6. For what causes.  
7. What be Pleas and Bars.  
8. What Judgements and Executions.    

The Epistle Dedicatory.  
TO THE Professors & Practisers Of the COMMON-LAW OF ENGLAND.  
Candid Reader.  
THis Tract in French, was bequeathed to me by an Alliance, William Glisson Esquire deceased, which I have translated into our own Language for the Common benefit of all. I am not singular in it, for daily experience manifests the contrary: neither is it a Novelty for Law-books to appear in this dress. Antiquity may be pleaded, Sr. Germin Perkins, Stanford, Cromp●on, Lambert, Sir Henry Finch, Dalton, and divers others have in former days trodden this path. My desires are it may not be perused by those who read only to fault, what they cannot mend, but by those whose judicious Pen will correct the errors as Cognisances of humane frailty, I wish it successful to all, be he Pleader or Practiser, and that the Common Law of England may shine forth in these Cloudy, and eclipsed days is the prayer of him, who is  
A Wellwisher to the Laws HEN. APPLEGARTH. Staple-Inne, January 20th. 1658. 9   

The Table.  

ACCOUNT.  
Accounted. Fol. 1.  
Account against a Guardian in Soccage. 1.  
In what Court Account lieth a 'gainst a Guardien in Soccage 1.  
Who shall have a writ against Guardien in Soccage 2.  
Against what person Account lieth as Guardien in Soccage. 3.  
For what things Account lieth. 4.  
The Account against a Guardian Soccage. 5.  
The process against a Guardian Soccage. 1, before appearance. 2. after appearance. 6.  
Bar by a Guardian in Soccage. 1, to the Action of Account. 2, Before Auditors. 7.  
The Judgement against a Guardian in Soccage. 1, of Account. 2, to recover the thing. ib.  
Execution against a Guardian in Soccage 1. per common Law. 2, per statute Law. 8.  
Ex parte talis. 8.  
Account against a Bailie, 1. of a Court or Hundred, 2. of a Manor-house, etc. 9  
In what Court it lies against a Bailie. ib.  
Who shall have an Account against a Bailie, 1. of a Court, 2. of a Manor. ib.  
Against whom an Account lieth as Bayly, 1. of a Court or Hundred, 2. of a Manor, etc. 12.  
For what things Account lieth against a Bailie, 1. of a Court, 2. of a Mann●●. 14.  
The Account against a Bailie, 1. of a Court or Hundred, 2. of a Manor, etc. 15.  
The writs against a Bailie, 1. of a Court or Hundred, 2. of a Manor, etc. 16.  
The process against a Bailie, 1. before appearance, 2. after appearance. 17.  
Bar to a Bailie, 1. to an Action of an Account, 2. before Auditors. 18.  
Judgement against a Bailie, 1. of Accowt, 2. to recover the thing. 21.  
Execution against a Bailie, 1. per Common-law, 2. per Statute-law. 10.  
Ex parte talis, by a Bailie. 22.  
Account against a Receiver, 1. in Law, 2. in Deed. 23.  
Against whom Account lies as Receiver. 26.  
For what things Acount lieth against a Receiver. 28.  
The Account against a Receiver, 1▪ by others hands, 2. by his own hands. 29.  
The judgement against a Receiver, 1. of Account, 2. of a Receiver. 34.  
The writ against a Receiver. 35.  
The process against a Receiver, 1. before appearance, 2. after. 36  
Bar by a Receiver, 1. to an action of Account, 2. before Auditors. 37.  
Execution against a Receiver, 1. per Common-law, 2. per Statute-law. 3●   

Action upon the Case.  
QUid & Quotuplex.  
In what Court it lieth. 42.  
For doing of wrong to the damage of another, touching things hereditary. 43.  
Against whom this lieth. 44.  
For what things this Action lies. 46.  
The Writ. 55.  
The process, 1. before appearance, 2. after. 55.  
The Judgement. ib.  
For what things it lies. ib.  
For doing of wrong to the damage of another touching his body. 61.  
For doing a thing to the damage of another touching his name, which is slander. 62.  
For the doing wrong to the damage of another touching suits in Law. 72.  
For not doing which ought to be done by the Law, touching a thing hereditary to the damage of another. 73.  
For not doing of things which ought to be done by the Law, to the damage of another concerning Chattels. 81.  
For the not doing of a thing which ought to be done by the Law, to the damage of another, touching his body 83.  
For not doing a thing that ought to be done by the Law, to the damage of another touching suits in Law. 83.   

Assumpsit.  
FOr the not doing of a thing which ought to be done by the agreement of the party to the 〈◊〉 of another, touching things hereditary. 84.  
Assumpsit quid & quotuplex. ib.  
General Bar. 85.  
For not doing of a thing which ought to be done by the agreement of the parties, touching Chattels. 87  
The Judgement. 98  
The Writ. 99  
For not doing a thing which is to be done by Agreement touching the body. 99  
The Writ. 100  
For not doing a thing which is to be done by agreement of the parties touching suits in Law. 100  
For not doing a thing where a man is bound to do it in one manner, and he doth it in another. 100  
For negligent suffering a thing to be done to the damage of another. 101  
Bar. 102  
For deceit in bargains and agreements with warrant, 105  
For deceit in bargains and agreements without warranty. 106   

Trover and Conversion.  
Quid & quotuplex. 108  
Of what things it lies. 109   

Covenant.  
IN what Court covenant lies, 1. personal, 2. real. 113  
Who shall have a covenant, 1. personal, 2. real. 114  
Against whom covenant lies, 1. personal, 2. real. 119  
The Count in covenant, 1. personal, 2. real. 125  
Writ in covenant, 1. personal, 2. real. 127  
The process in Covenant, 1. before appearance, 2. after ib.  
Bar in Covenant, 1. personal, 2. real. 128  
Judgement in covenant, 1. personal, 2. real. 129   

DETINVE.  
1. QVid. Fol. 132  
2. Quotuplex. ib.  
In what Court detinue lies, 1, of Chattels, 2, of Deeds for Lands. Fol. 133  
Who shall have a Detinue, 1. of Chattels, 2, of deeds. ib.  
Against whom Detinue lies, 1, of Chattels, 2, of Deeds. Fol. 139  
For what things Detinue lies, 1, of Chattels, 2, of deeds. 142  
Count in Detinue, 1, of Cha●●●ls, 2, of deeds. 144  
The Writ in Detinue, 1, of Chattels, 2, of Deeds, 147  
Tre Process in Detinue, 1, before appearance, 2, after. 148  
The Garnishment in Detinue, 1, of Chatels, 2, of deeds. 149  
Enterpleader in Detinue, 1, of Chatels, 2, of deeds. 150  
Bar in Detinue, 1, of Chattels, 2, of deeds. 151  
The Judgement in Detinue, 1. of Chattels, 2. of deeds. 155  
Execution in Detinue, 1. of the Defendant, 2, against the Garnishee, 3. of what Lands, 4. of what Goods. 156   

DEBT.  
DEbt in what Court it lies. 159  
Who shall have Debt. 160  
Against whom Debt lies. 169  
For what things Debt lies. 180  
Judgement in Debt. 188  
The Writ in Debt, 1. in the County, 2. in Com. Ban. 193  
The Process in Debt, 1. before appearance, 2. after. 198  
The Bar in Debt. ib.  
The Judgement in Debt. 217  
Execution in Debt. 220   

EJECTMENT.  
IN what Court it lies. 223  
Who shall have an Ejectione Firmae, 224  
Against whom Ejectment lies. 226  
Of what things an Ejectment lies, 227  
The Count Generally, 230  
The Writ. 231  
The Process 1. before appearance, 2. after. 232  
The Bar. ib.  
The Judgement. ib.   

QVARE IMPEDIT.  
QVid, 234  
In what Court it lies, ib.  
Who shall have a Quare Impedit. 235  
Against whom a Quare Impedit lies. 253  
Quare Impedit of what disturbance it lies, 254  
Quare impedit of what things it lies, 255  
The Count in Quare Impedit, 256  
The process in Quare Impedit, 1. before appearance, 2. after. 258  
In a Quare Impedit, 1. by the Ordinary, 2. by others. 260  
Good causes of refusal in a Quare Impedit, 262  
These are not, ib.  
These are likewise good causes of refusal, 263  
Who shall pléad plenarty and who not, 266  
Against whom plenarty was, is no plea, 267  
Judgement in a Quare Impedit, 1. when he shall have Judgement, 2. of what things he shall have Judgement. 268  
The Writ to the Bishop to whom it shall be directed, 271  
Process in the writ to the Bishop, 273  
Of what things a man shall have Judgement. ib.  
A Writ to the Bishop and single damages. 274  
A Writ to the Bishop and double damages. 276  
Single damages and no writ to the Bishop. 277  
Double damages and no writ to the Bishop. ib.  
Two writs to the Bishop. 278  
In what court and what Judges have power to award a writ to the Bishop. ib.   

NE ADMITTAS.  
WHat person shall have it. 279  
In what cases it lies. ib.  
Within what time this aught to be brought. 280  
The Writ. ib.  
The Process. ib.   

QVARE NON ADMISIT.  
Out of what court this Issues. ib.  
What person shall have it. 281  
Against whom it lies. ib.  
In what case it lies. ib.  
The Writ. 282.  
The Count ib.  
The Bar. ib.  
The Judgement. 283   

Quare Incumbravit.  
IN what Court it shall be brought. 283  
What person shall have it. 284  
Against whom it lies. ib.  
In what cases this lies not. ib.  
The writ. 285  
The count. 286  
The Process. ib.  
The bar. ib.  
The judgement. 287   

Replevin.  
IN what court it lies. ib.  
Who shall have a Replevin. 288  
Against whom a Replevin lies. 290  
Of what things a Replevin lies. ib.  
The writ. 292  
The process, 1. of a man replevyed, 2. of chattels. 293  
Second Deliverance. 295  
In what case a man may distrain. 296  
Of what things a man may distrain. 301  
What person shall distrain. 303  
At what time a man may distrain. 304  
In what place a man may distrain. 305  
What distress shall be sold. 307  
What shall not be said to be a Distress excessive. ib.  
1. The Bar, 2. justification, 3. Conusance, 4. Avowry. 308  
Who shall avow. 310  
For what things a man may avow. 311  
Seisin in avowry in whom it may be alleged. 313  
By what hands Seisin shall be alleged. 314  
In what time Seisin ought to be alleged. 315  
When it is not requisite to allege Seisin. ib.  
What Seisin shall be good. ib.  
Bar to an Advowry. ib.  
judgement. 323   

Trespass.  
IN what court Trespass lies. 328  
Who shall have Trespass. 329  
Against whom Trespass lies. 341  
For what matters Trespass lies, viz. for the doing of wrong to the damage of another, 1. touching Inheritance, 2. touching chattels, 3. touching the body. 349   

Error.  
IN what Court Error shall be redressed. 361  
Who shall have a writ of Error. 373  
The Writ of Error. 377  
The Process in Error, 1. upon a judgement in Ireland, 2. upon a Billsealed, 3. judgement in another Court. 387.  
Diminution in Error, 1. by whom, 2. in what cases, 3. at at what time. 380  
The assignments of Errors, 1. by whom, 2. at what time, 3. upon what Record, 4. of what things. 382.  
Bar in Error. 397  
judgement in Error 1. for the Plaintiff, 2. for the Defendant, 3. for both. 398  
Execution in Error. 401    

ERRATA.  
PAg. 14. l. 4. r Burgi sui. p. 17. l. 4. quindecim. p. 32. unque p. 55. l. ult. r. cards. p. 69. l. 16. r. perjury. p. 229. r. Hoes. p. 142. l. 25. r. Marcii. p. 116. l. 23. r. conventione. p. 154. r. partition. p. 199. Denbawds. l. 15. this may be by the Law. p. 208. r. no bar in debt. p. 231. l. 24. r. Ed. 4. p. 233. r. judgement upon demurrer. p. 234. r. terminari. l. eadem. debent. p. 240. l. 18. r. impersonee. p. 246. l. 26. r. vested. p. 250. r. so against a stranger that usurps in their turn. p. 255. l. 12. r. Ecclesiae. p. 262. l. 8. r. perjury. p. 280. I. 9 r. Ecclesiam. l. ult. vacation. p. 309. l. 14. r. two. p. 310. l. 4. r. intestat. p. 227. l. 14. r. law. p. 331. l. 19 r- deer. p 332. l. penult. r. not. p. 339. l. ult. r. trespass. p. 340. r. they. l▪ ead. r. their tenements. p. 341. r. Administrator takes the Goods, B. proves a will. p. 345. l. penult. r. Edw. 4. p. 249. l. 19 r. is impeached. 374. l. 16. r. trespass. p. 360. l. 3. jurat. p. 361. l. 16. r. dead. p. 374. prayer. p. 380. l. 19 r. in such case. p. 390. l. 12. r. br. 10. p. 392. r. Coroners.   

ACCOUNT.  
 Common Law By act of Law Guardian in Soccage Next of Kin.     A Stranger. Account is by Bayly of a Court or Hundred in Law in case of a subject. of a Ma●nor house etc. in deed in case of the king. By his own act.   Receiver By other hands in law in case of a Subject. By his own hands in deed in case of the King. Statute Law Marlebridge cap. 17. Against a Garden in Soccage. Marlebridge cap. 23. Against a Bailie vagrant. Westm. 2. cap. 23. For Executors.  2●. Edw. 3. cap. 5. For Executors of Executors. 3. Edw. 3. cap. ●1. For Administrators.  23. Hen 8 cap. 8. Collectors for repairing of Goals shall account to Justices of peace. 2. & 3. Mariae cap. 8. Against Head-Constables or Churchwardens.  43. Eliza. cap. 2. Overseers of the poor shall account to Justices of peace.  1. Jacobi cap. 9 Against Church wardens and Constables for forfeirures▪ of Ale-house-keepers by them▪ received.   

Account against a Guardian in Soccage.  

In what Court Account lieth against a Garden in Soccage.  
IT lies in the County or Common Ban. Nat. br. 117. b.  
It lies not before the Shrieve 43 Edw. 3. fol. 21. pl. 11. Thorp; For Brook, Account 14. saith the Shrieve cannot assign Auditors.  
A good plea to say the Land is ancient demean, because the reality may come in question, Coke 5 part, fol. 105. A. Aldens case.  
It lies not in the marshalsea: Coke 10. part, 74. b. marshalsea.   

Who shall have a Writ against Garden in Soccage.  
The Heir in ward shall maintain an Action after the age of fourteen years, or at his full Age at his election. Littleton.  
But Nat. br. 118. b. he shall not have it till the age of 21 years. Crook fol. 131. pl. 106. by reason of the words of Marlebridge cap. 17. scil. (cum ad aetatem pervenerit) 3 & 4 Mariae. Dyer. 137. pl. 25. New tenors 3. b. 18. Edw. 3. 55. pl. 76. 29. Edw. 3. fol. 5. pl. 13. Vide Regist. origin. 136. Lib. Intra 21. D. 8 R. 2. Gard. 166. 10 Rich. 2. Account 132. Doct. Stud. fol. 14. b. old Nat. br. 91. A.  
If the heir in such case die before his full age, his Executor shall maintain an Action of Account, Crook 131. Pl. 106.  
Yet note the heir in Gavelkinde at fifteen years brought an account against a Guardian in Soccage, and shows, by the Custom he may alien at such age; and for this cause he was awarded to account, per Welby. 29 Edw. 3. fol. ●. pl. 13.  
The Executor of an Heir shall have an Account: per Westm. 2. cap. 23. Littleton 27. A. Crook 131. Pl. 106.  
Executor of an Executor shall have an Account by 25 Edw. 3. cap. 23. Com. 290.  
Filius & Heres Domini defuncti non habebit breve de computo, quia pertinet ad executionem administrationis bonorum defuncti. Regist. Orig. 135. b.  
Recusant shall not have an action for any thing that is seized into the hands of the King. 3. Jac. cap. 5.   

Against what person Account lieth as Guardian in Soccage.  
Account lieth against any that taketh the profits before the Ward be of the age of fourteen years. Littleton Na. Br. 118. D. 4 Hen. 7. 6. 10 Hen. 6. 7. 13 Edw. 3. Account 77. 29 Ed. 3. 5. Pl. 13.  
But if one occupy, and after Guardian in Soccage recover in right of the Ward, the party shall not render an account to the Heir, for the Guardian ought to account for this▪ 27 Edw. 3. 79. Gard. 22.  
The reason is (as it seems) that the Writ doth not make mention of the blood. Regist. origin. 136. b. neither the Count. Lib. intra.  
Account lieth not against an Executor of a Guardian, Littleton. Nam non jacet versus executores, quia merè pertinet ad Curam Christianam, cognoscere de compto reddendo versus executores. Regist. origin. 135. b. 28 Hen. 8. Dyer: 23. Pl. 145.  
But if Executors account, an Action of debt lieth for the Arrearages. 2. Hen. 4. 13. Pl. 2.  
And if the Testator covenants to account to the Heir and doth not, Covenant lieth against his Executor, Regist. origin. 165. b. Nat. br. 145. H.  
It lies against a Woman, 19 Hen. 6. b. Newton.  
It lies against the Husband and Wife: 18. Edw. 3. 55. Pl. 76.   

For what things Account lieth.  
It lies for woods and underwoods' sold, for ●ands, Tenements, Meadow, Pasture; also for Rents and services, perquisits of a Court ad valentiam. Lib. Intra. 21. B. & C.  
Marlebridge cap. 17. Respendeant de exitibus per aequalem computationem, salvis ipsius custodibus rationabilibus misis suis.  
For Fines of Copyhold Land granted by one. Trin. 1. Jac. Com. Bane. Shopland. versus Rider. Rot. 853.  
For the issues and profits of the Lands: Littleton.  
For the Marriage of the Heir, if he marry before the Age of fourteen years: Littleton 27. A.  
If the marriage be not as great in value as the marriage of the Heir: Littleton 27. A.  
No Account for the presentation of a Church; therefore the Guardian cannot present thereunto. Nat. br. 33. T. 28 Edw. 3. 89. 29. Edw. 3. 5. 8. Edw. 2. Presentment 10.  
But by Daniel Justice Trin. 1 Jac. Com. Ban. Rot 853. Shopland against Rider: the Guardian shall present if the Heir be not of the age of discretion.  
It lies for writings, 32 Edw. 3. Account. 60.   

The Account against a Guardian in Soccage.  
The Heir counts that it was ordained by the Common Council the Guardian should account, etc. and shows the tenure specially, and that the Defendant had the custody of the Lands, etc. from such a day for 12 years ensuing and hath not accounted for the issues and profits, etc. and that at such a day the heir was at full Age. Lib. Intra. 21. b. Sect. 1. 2. 29 Ed. 3. 4. Pl. 13. No. Lib. Intra. 47 E. Sect. 3.   

The Writ against a Guardian in Soccage.  
Rex, etc. si A. fecerit, etc. tunc summon. etc. B. quod sit coram Justice. nostris, etc. ostendens quare cum de Comm. Concilio regni nostri provisum sit, quod custodes terrarum & t●nementorum quae tenentur in Soccagio haeredes terrarum & tenementorum cum ad aetatem pervenerint, reddant rationabilem computum suum de exitibus, terris, & tenementis illis provenient. de tempore quo custodes illi habuerunt, ratione minoris aetatis haeredis praedictae, idem B. paefato A. rationabilem computum suum de exitibus proveniend. de terris & tenementis suis in N. quae tenentur in Soccagio, & quorum custodiam idem B. habuit, dum praedictus A. infra aetatem fuit reddere contradicit, ut dicitur. Et ideo, etc. This writ is founded per Marlebridg cap. 17. Nat. br. 118. A. Regist. orig. 1●6.  
Note this Writ lies against any one that occupies the land during the nonage of the ward, whether it be the parents of the Heir or not, Regist. origin. 136. b. for it makes no mention of the blood, but only of taking the profits.  
The writ was Receptor denariorum: A good plea to the writ because he was Guardian in Soccage, for otherwise he would be twice charged: 18. Edw. 4. 3. Pl. 17.   

The Process against a Guardian in Soccage. 1. before appearance. 2. after appearance.  
The Process at common Law was but a distress infinite, Coke 3. part 12. A. Herbert's Case.  
But per Marlebridge cap. 23. A capias was given against a Bailie, and per Westm. 2. cap. 11. exigend. given against a Servant, Bayly, Chamberlain, or any other Receiver: Coke 3. parts 12. A. Harberts' Case.  
And in an account against a Guardian there shall be a Capias 29 Edw. 3. 5. Pl. 13.  
But no exigend. because this was given against a Receiver only: 17 Edw. 2. Process 203. 17 Edw. 3. 59 Pl. 55. Shared.  
If he comes in by Capias or distress he shall be committed to the Fleet: 29. Edw. 3. 35. pl. ●3.  
If the Account be adjudged, etc. and be not present in Court, a Capias ad computandum shall issue forth: 1. Edw. 3. 2. pl. 10. 1. Hen. 7. 1. pl. per Townshend. Lib. Intra. 18. c. Sect. 1, 2, 3.  
Judgement quod computet: the plaintiff dyes, his Executors shall have a scire facias, 〈…〉 he come not in upon the garnishment, an exigend. shall issue forth: 14 Hen. 4. 1.   

The Bar by a Guardian in Soccage: 1. To the Action of Account. 2. Before Auditors.  
When he hath the Custody till such a day from such a day, and accounts till the full agc of the Plaintif without that, that he was Guardian before or after, Lib. Intr. 21. cap. Sect. 2.  
A good Bar that he expended so much for necessaries for the plaintiff: Littleton.  
No Bar to say he was next of Kinne, for the occupation is the substance, Littleton. 29 Edw. 3. 5. pl. 13. 22 Edw. 3. 11. pl. 8. 4 Hen. 7. 6. b. 10 Hen. 6. 7. pl. 21. 13 Edw. 3. Account 77.  
That he was never Guardian in Soccage a good Bar: Lib. Intra. 21. b. Sect. 1.   

The judgement against a Guardian in Soccage, 1. Of Account. 2. To recover the thing.  
The Judgement is, quod computet, & ideo in misericordia, quia prius non computavit, Coke 11. part 38. A. Metcalves Case. Lib. Intr. 19 D. Sect. 1.  
The Judgement is, Ideo consideratum est, quod praedictus W. recuperet versus praefatum M. as much as he is found in arrearages & dampnae occasione implacitationis: Coke 11 part. 40. A.   

E●●●ution against a Guardian in Soccage. 1. per Common Law, 2. per Statute Law.  
By the Common Law it was but a Levari facias or fieri facias: Coke 3. part 12. A. Herbert's Case.  
And this only within the year, for if the year passed he was put to his action of debt.  
If the Process were not continued, 33 Hen. 6. 49. pl. 33.  
Per Westm. 2. cap. 45. Scire facias is given after the year.  
Per Westm. Cap. 2. 18. Elegit is given, Coke 3. part. 12. A.  
Per Marlebridge Cap. 23. & Westm. 2. cap. 11. Capias was given in Process and by consequence, Capias ad satisfaciendum: Coke 3. part. 12. A.  
Per Westm. 2. cap. 11. If an Accountant before Auditors be found in Arrearages, he shall be by them committed to the next Goal in execution; but then they ought to commit him forthwith. Coke 8. part. 119. b. bonham's Case. 27. Hen. 6. 8. Com. 17.  
But if an account be before the plaintiff, he ought not to commit him to prison, because the statute saith, before Auditors. 45. Edw. 3. 14. pl. 13.   

Ex parte talis.  
Westm. 2. cap. 11. If Auditor's are assigned by the party, which will not allow to the Guardian his reasonable allowances, and charges him with the thing he never received▪ and him commit to prison, he shall have an Ex parte talis. Nat. br. 129. F. 4 Hen. 6. 18. A. pl. 3. Regist. origin. 137. b.  
The Writ is returnable before the Treasurer and Barons of the Exchequer at a certain day, and a scire facias is in the Writ, to warn the plaintiff and also the Defendant to be there, Nat. br. 129. G. H. Regist. orig. 137.   

Account against a Bailie, 1. of a Court o● Hundred. 2. of a Manor-house, etc.  
In what Court it lies against a Bailie.  
IN the County Court: Regist. origin. 135. A. Nat. br. 117. b.  
In London before the Shrieves: Regist. Orig. 135. A & b.  
In the five Ports: Regist. origin▪ 135. A.  
In communi Banco: Nat. br. 117. b. Regist. origin. 135. B.  
But ancient demeasne is a good plea: Coke 5. part. 105. A. Aldens Case. Because the Account is of the issues and profits of the Manor: 8 H. 6. 34. pl. 36. 2 Edw. 4. 3. pl. 3.  
And the reality by presumption may come in debate, Hobart chief Justice, Hill. 11 Jac. Com. Ban. Rot 254. Cox & Barnsley.   

Who shall have an Account against a Bailie 1. of a Court, 2. of a Manor.  
If A. make B. his Bailie of his Court or of a Hundred he shall have Account against him. Nat. br. 118. E.  
A. having a Baylywick makes B. his underbayly he shall have Account against B. 3 Edw. 3. 54. pl. 24.  
A. makes B. his Bailie, which makes C. his deputy, A. shall have Account against B. but not against C. because C. receives this to the use of B. Nat. br. 119. B. 14 Edw. 3. 100 pl. 8.  
An Infant purchases lands, he shall have an Account if any takes the profits. Nat. br. 117. B.  
The profits that the Guardian in Soccage takes after the Age of 14 years, the Heir shall have an Account during his nonage against him as Bayly: but for the profits taken before such age, he shall have Account as Guardian; but not before his full age. Nat. br. 118. B. because he cannot be Guardian after the age of 14 years.  
Maior and Aldermen of London grant the Wardship of an Orphan to A. they shall have an Account against A. at the full age of the Orphan. 8 Rich. 2. guard. 166.  
A. devises to his Executors that they shall sell his land, and that his daughter shall have part of the money, she shall have an Account at Common law. 4 & 5 Mariae Dyer. 151. pl. 5.  
A Lunatic shall have an Account against the Committee, when he comes to his sound memory; for the Committee is but in the nature of a Bailie. 28 Hen. 8. Dyer. 26. pl. 164. Coke. 4. part. 127. b. Beverleys' Case.  
Executor shall have an Account. Nat. br. 117. C. 3. Edw. 3. 66. 7. Edw. 3. 269. 5. Edw. 3. 141. pl. 7.  
But this was by Westm. 2 Cap. 23.  
And if one hath Judgement against a Bailie upon an Account, and dyeth his executors shall have a scire facias. 14. Hen. 4. 1.  
Executor of an executor shall not have an Account. per Westm. 2. Cap. 23. 7 Edw. 3. 270. pl. 54.  
But this was given. per. 25. Edw. 3. Cap. 5. Com. 290.  
Filius et haeres domini defuncti non habebit Breve de Computo super Ballivum, quia pertinet ad executionem administrationis bonorum defuncti. Regist. Orig. 135. b.  
Husband receives the profits of the lands of his wife and dies, the wife shall not have an Account for the profits during the Coverture but the Executors of the husband. Nat. br. 119. A.  
Joynt-tenent makes his Companion his Bailie, he shall have Account against him, 21. E. 3. 60. pl. 5.  
Two joint-tenants of a ward; one takes all the profits, the other shall have an account. Nat. br. 118. J. 39 Edw. 3. 28. pl. 25. 45 Edw. 3. 1.  
Two Joynt-occupiers of a house and Merchandise, one shall have Account against the other as Bayly, of the house and Merchandise. Lib. Intra. 18. Sect. 6.  
Tertenant shall have an account against Tenent by Elegit, but this is only by Sc●re facias, Old Nat. ●r. 24. 21. Edw. 3. 26. pl. 21. & fol. 10. pl. 13. 21. Edw. 3. 2. pl. 60. 5. Edw. 3. 159. pl. 20. Conusor shall have it in the same manner against the Conusee, Coke 4. part. 67. b. 47. Edw. 3. 11. pl. 9 & 25. pl. 63.  
Prior, Abbot, or Master of an Hospital shall have an Account for the time of their Predecessor, Nat. br. 117. F. Regist. orig. 135. b. 4 Edw. 3. 100 pl. 8. 25 Edw. 3. 545. pl. 19 28 Edw. 3. 90. 30. Edw. 3. 1.  
If one make another Bailie of his Manor, etc. he shall have an Account against him as Bayly, Nat. br. 116. D.  
Fuit quod redat, etc. M. & sociis suis m●rcatoribus de societate de D. in Flandria rationabilem computum: this is nought, 5 Edw. 3. 138. pl. 39  
The King may make a Bailiff of a Manor and shall have an Account against him, 33 Hen. 6. 2. pl. 10. and fol. 29. b. pl. 2.   

Against whom an Account lieth as Bayly, 1. of a Court or Hundred. 2. of a Manor, etc.  
A. having a Baylywick makes B. his underbayly to gather the Amercements, he shall have an Account against him, 3 Edw. 3. 54. pl. 24.  
If one enter into my land to my use, and take the profits, I shall have an Account against him as Bayly in Law, Nat. br. 117. A.  
An Infant purchases lands, his parents occupy this, he shall have Account against them as Baylyes in Law, Nat. br. 117. B.  
Non jacet versus Executores quia mere pertinet ad curam Christianam cognoscere de Computo reddendo, versus Executores, Regist. origin. 135. b. Nat. br. 117. C. Littleton. 48 Edw. 3. 2. 4 Edw. 4. 25.  
But if an Executor will account, debt lieth for the arrearages, 2 Hen. 4. 13. P. 2.  
And if a Bailie be found in arrearages before Auditors, his Executors shall be charged, 11 Hen. 4. 84. & fol. 19 pl. 48.  
It lieth not against a Deputy-Bayly, Nat. br. 119. B. 4 Edw. 3. 100 pl. 8.  
It lieth not against an Infant, 118. D. Nut. br. because he hath not discretion to Account, 21 Edw. 3. 8. pl. 21. Regist. origin. 135. A. Also he cannot wage his Law, 26 Edw. 3. 6●. b.  
It lies against a Woman, Nat. br. 118. D. 19 Hen. 6. 4. pl. 10.  
Two joint-tenants of wood, one sells all and takes the money, the other shall not have an Account against him, Doct. and Stud. 32. b.  
It lies not against a Surveyor or Controller, Nat. br. 119, C.  
The King shall have an Account against any person that takes the profits, though he claim them to his own use, Coke part 11. 90. Devoushers case. 35 Hen. 6. 27. b. Nottingh. 8 Eliz. Dyer 249. pl. 83.  
The King shall have an Account against an Executor, Littleton, Coke, 11. part. 89. B. Devoushers Case.   

For what things account lieth against a Bailie, 1. of a Court, etc. 2. of a Manor, etc.  
Crook. 21 Hen. 7. 75. Pl. 23. Account against one as Bayly Burgisin de B. and good.  
Account against one as Bayly of a Manor, Nat. br. 116. P.  
Account against a steward of an House and of goods in it, 14 Hen. 4. 20. 9 Edw. 3. 356. pl. 40.  
Account for the delivery of three Tunns of wine sold. 43 Edw. 3. 2. pl. 11. 46 Edw. 3. 3. pl. 6. 13 Rich. 2. Account 50.  
For Herrings delivered and sold. 46 Edw. 3. 9 pl. 4.  
For four sacks of wool delivered and sold. 9 Edw. 3. 359. pl. 38.  
Tenent per Elegit accounts for the overplus. Old Nat. br. 34. 21 Edw. 3. 26. pl. 21.  
A Man accounts for the profits. Nat. br. 118. B.  
A Bayly of woods accounts for Herons and Hawks. 14 Edw. 3. Account 131. Moubrey.  
Arrearages of Rent upon a lease for years or at will lies not in account, for nothing certain lies in an Account. 19 Hen. 6. 20. pl. 67. 20 Hen. 6. 16. pl. 2.  
So of goods leased with a house, although they are wasted. 20 Hen. 6. 16. pl. 2.  
For A Custom that one shall gather rents, and take the toll and petty customs payable to the Lord. 22 l. annuatim, because he pays a certain sum. 11 Hen. 6. 14. pl. 4.   

The Count against a Bailie, 1. of a Court, or Hundred. 2. of a Manor, etc.  
Counts that from such a day to such a day he had the administration de bladis, fenis, equis, bobus, vaccis, porcis, bidentibus, carucis, ac de omnibus aliis rebus, etc. et de, etc. ad mercandizandum et proficuum▪ faciendum, etc. et ad rationabilem Computum, etc. Lib. Intra. 17. A. sect. 1. vide more Lib. Intra. 17. A. & b. sect. 1. 2. 3. 4. 5. fol. 17. b. & C. sect. 1. 2. 3. 4. 5. 6.  
The plaintiff aught to Count that the Defendant was Bailie of the Manor-house and lands, etc. and yet it is not material whether he had the Manor-house, etc. for the Receipt charges him. 9 Edw. 3. 356. pl. 38. Stoner. 27 Edw. 3. 29. pl. 25.  
He need not Count the things particulary, because it may be showed before the Auditors. Crook. 1 Hen. 8. 153. pl. 2.  
But the 49. Edw. 3. 13. 14 Hen. 4. 14. says that it is material.  
If Account be brought against one that by Custom ought to gather the rents, the Count must be special. Crook. 21 Hen. 7. 76. pl. 23.  
The Count was against one as Bayly of a house and merchandise occupied by joint-tenants, ex quacunque causa seu contractu. Lib. Intra. 18. A. sect. 6.  
The Count was that he was Bayly at the feast of St. Michael, and good, because it shall be intended th'archangel. Coke. 11. part. 39 A. Metcalfes' Case. 20 Hen. 6. 23.  
The Count was against a Tenant per Elegit that he had made waste to the Value. Old. Nat. br. 34.  
Conusor counts that the Conusee had levied the sum, or that he had levied part, and tendered the remnant 47 Edw. 3. 11. pl. 9 and fol. 25. pl. 63.  
And so of the Assigns of a Conusor. 25 Edw. 3. 53. pl. 17.  
The King is not held to Account against one as Bayly, but may allege generally in his information, quod i●e ad computand. Domino Regi tenetur, and if it be against Executors, tempore mortis suae tenebatur. Coke. 11. part. 90. Devoushers Case.   

The Writs against a Bailie, 1. of a Court or Hundred, 2. of a Manor, etc.  

In Comitatus.  Rex etc. praecipimus tibi quod justicies I. B. quod justè, et sine dilatione reddat B. rationabilem computum suum de tempore quo fuit Ballivus suus in M. sicut rationabiliter monstrare poterit, quod sireddere debeat, ne amplius inde clamorem audiamus pro defectu justitiae, Teste, etc. Regist. orig. 135. A.  
In London. Regist. orig. 135. A.  
For Executors. Regist. orig. 135. A.  
For Merchants. Regist. orig. 135. A.  

● Banco.  Rex etc. praecipe A. quod justè, etc. reddat B. rationabilem Computum suum de tempore quo fuit Ballivus suus in N. & nisi fecerit, & praedictus B. fecerit te securum de clamore suo prosequendo; tunc sum. per bonos summonitores praedictum A. quod sit coram Justice. nostris apud Westm. a die Paschae in sedecim dies ostendens. quare non fecerit: & habeas ibi sum. & hoc breve Teste, etc. Regist. orig. 135. b. Nat. br. 117. E.  
It lies for a man and his wife. Regist. orig. 135. b.  
For a master of a house. Regist. orig. 135. b.  
For a Prior in the time of his Predecessor. Regist. orig. 135. b.  
For an executor and an Abbot co-executor. Regist. orig. 135. b.  
But there isanother form of a writ founded upon the statute of Marlebridge. Cap. 23. Nat. 117. H. orig. Regist. 135. b.  
Account against B. as Bayly and Receiver in K. a good bar to the Writ that was not Bayly nor Receiver in K. 21 Hen. 6. 21. pl. 42. Vide. 44 Edw. 3. 1. pl. 2.  
The Writ ought to comprehend the County. 10 Edw. 3. 365. pl. 19 Shared.  
If it be brought against one as Receiver where he was Bailie it shall abate. 3 Edw. 3. 70. pl. 28. 18 Edw. 4. 3. pl. 17.  
But one Writ may Comprehend Bayly and Receiver. 9 Edw. 3. 356. pl. 38. Nat. br. 116. P. 21 Hen. 6. 21. pl. 42. Regist orig. 135. b.   

The process against a Bailie. 1. Before appearance. 2. After appearance.  
At the Common Law the Process was but a distress infinite, Coke 3. part 12. A. Harberts' Case.  
But by Marlebridg. cap. 23. a capias was given, Coke 3. part. 12. A.  
And per Westm. 2. cap. 11. process of Outlary is given, Coke 3. part. 12. A. 17 Ed. 2. process 203. 17 Edw. 3. 59 pl. 55. Shared, 29 Ed. 3. 5. pl. 13.  
But against Tenant by Elegit, is but a Scire facias, 21 Edw. 3. 2. pl. 6. 5 Edw. 3. 159. pl. 20. Regist. judicial. 73. b. Old Nat. br. 34.  
And if they appear not being summoned judgement shall be given against them, 5 Ed. 3. 159. 21 Edw. 3. 1.  
Conusor shall have a Scire facias against the Conusee, Coke 4. part 67. b. 47 Edw. 3. 11. pl. 9 & fol. 25. pl. 63.  
So the Assignee of a Conusor, 25. Edw. 3. 53. pl. 17.  
If a Bailie come in by Capias or Exigend. he shall be forthwith committed to the Fleet, 20 Edw. 3. 35. pl. 63.  
So if he come in by Distress, and the Account be adjudged, 29 Edw. 3. 35. pl. 63.  
But if the Account be adjudged, and he be not present in Court, a Capias ad computandum shall issue out against him, 1 Edw. 3. 2. pl. 10. 1 Hen. 7. 1. pl. 1. Townsend Lib. Intra 18. c. Sect. 1, 2, 3,   

The Bar to a Bailie. 1. To an action of Account. 2. before Auditors.  

Account before Auditors.  A good Bar that he did account before Auditors, 25 Edw. 3. 39 pl. 1. 2 Edw. 3. 45. pl. 13. Lib. intra. 17. A. Sect. 1. he shall show the time and the Auditors.  
But in pleading aught to say that the Auditors were assigned by the Plaintiff, and not by his assent, 29 Edw. 3. 40. pl. 21.  
A good Bar that he did account with the Plaintiff, Lib. intr. 18. A. & B. Sect. 6. 11 Ric. 2. Stath. Account 46. 45 Edw. 3. 14. pl. 13.  
But it is no Bar to say he did account with the Plaintiff after that he had imprisoned him, 22 Edw. 3. 13. pl. 32.  
Account per Executors a good Plea that he did account to the Testator and shows an acquittance, 1 Edw. 3. 2. pl. 10.  
Heir Franktenant a good Bar, 28 Edw. 3. 90.  
An Abbot brought an account against B. as 
Propertie.  Bayly of his Predecessor and pleads that he had a Lease of his Predecessor for three years, and entered after the fine, and found certain things there, this is a good bar, 16 Edw. 3. 368. pl. 30.  
Defendant said that it was debated between the Plaintiff and his wife, and it was agreed that the wife should have the Land for her maintenance, and leased to the Defendant rendering rend, this is a good bar 47 Edw. 3. 18. pl. 34.  
An account for the delivery of three Tuns of wine; a good bar for the Defendant to say that the wife was the common Taverner, and that they were Bail for the sale thereof, without the assent of him, and that she sold and paid the Plaintiff without that that they were his Baylies in any other manner, 13 Rich. 2. Account 50.  
Defendant pleads a Lease to him of the Manor, a good bar, 49 Edw. 3. 7. pl. 11.  
Account of a house and goods: it is no Plea to say he bought the goods of the Plaintiff, but must say without that, that he was his Bailie for account-render, 49 Edw. 3. 7. pl. 11.  

Payment.  Payment by command of the Plaintiff a good bar, Coke 11. part. 38. B. Metcalves case, 1 Edw. 5. 42 Edw. 3. 6. Pl. 21▪ but this is before Auditors, and not in bar of the Action.  

Servant.  The Defendant said that he was servant to the Plaintiff, and he did chase the cattle out of the field, without that that he was Baily in any other manner; for the cattle are hurt he shall have an Action of the case, 7 Hen. 4. 14. Pl. 18.  
He was his Surveyer, without that that he was his Bailie, 4 Edw. 3. Account 34.  

Statute. Merchant.  The Defendant said that the Plaintiff granted by deed, and shows that when he came to C. he acknowledged a statute Merchant, the account should not be, and shows likewise that he did it, this is nothing without saying he delivered it to the Plaintiff, 20 Edw. 3. Account 79.  

V ndee.  Account for the delivering of Tyn, etc. the Defendant said that he delivered this, and took an obligation in the name of the Plaintiff, this is no bar, 28 Hen. 8. Dyer 29▪ Pl. 193.  
Bayly of woods to sell, it is no Plea to say he had not sold them; because this comes in debate before Auditors, 14 Edw. 3. Account 131.  
The plt. after judgement for him quod Comput. dies, his executors shall have a scire facias. the which being served if he appear not, an exigend shall issue out against him. 14. Hen. 4. 1.   

The judgement against a Bailie 1 of Acount 2 To Recover the things.  
The Judgement is quod Computet et ideo in misericordia quia prius inde non Computavit. Coke. 11. part. 38. A. Metcalves case. Lib. Intra. 19 b. sect. 1. & 20. D. sect. 1.  
Quod computet for parcel and Bar for the remnant. Lib. Intra. 22. A. sect. 12.  
The Judgement is ideo consideratum est quod praedictus W. recuperet versus praefat. M. as much as he shall be found in Arrearages et dampna occasione implacitationis, etc. Coke. 11. part. 40. A. Metcalves case.  
Scire facias against Tenant per Elegit to Account and not appearing upon garnishment the Judgement was that the plt. shall recover his lands without any more process upon the cause of the Account, etc. 5 Edw. 3. 159. pl. 20.   

Execution against a Bailie 1 per common law 2 per Statute law.  
By the common law he shall have but a levari facias, or fieri facias. Coke. 3 part. 12. A. Harberts' case. and this within the year only, for if the year pass, he was put to his action of debt, if the process were not continued. 33 Hen. 6. 49. pl. 33.  
Per Westm. 2. cap. 45. A scire facias is given after the year.  
And per Westm. 2. cap. 18. Elegit is given. Coke. 3. part. 12. A.  
And per Marlebridge▪ cap. 23. & Westm. 2. cap. 11. Capias is given in process.  
And per consequence a Capias ad satisfaciendum after Judgement. Coke. 3. part. A. 12.  
And by the statute of Westm. 2. cap. 11. if an Accountant be found in arrearages before Auditors he shall be Committed by the Auditors to the next Goal in execution.  
But then the Auditors ought to Commit him to prison forth with. Coke. 8. part. 119. b. bonham's case. 27 Hen. 6. 8. Com. 1 7.  
But if he Account before the plt. he cannot Commit him to prison▪ 45. Edw. 3. 14.   

Ex parte Talis by a Bailie.  
Per Westm. 2. cap. 11. if Auditors be assigned by the party which will not allow to the Accountant reasonable allowances, or charge him with a thing he never received and Commit him to prison he shall have a writ ex parte talis. Nat. br. 129▪ F. 4 Hen. 6. 18. A. pl. 3. Regist orig. 137 B.  
But if Auditors be assigned by the court and they do not allow reasonable allowances, he shall not have this writ but shall show it to the Court and they shall make allowances. Nat br. 129. F. 3 Edw. 3. 56. pl. 30.  
If it be sued in London and Auditors be assigned by the Court which will not allow etc. there this writ lieth. Nat. br. 129. F.  
But note in Regist. orig. 137. B. is against it.  
But if the plt. assign Auditors there then such writ lieth Nat. br. 129. I. Regist. orig. 137. B.  
The writ shall be returnable before the Treasurer and Barons of the Chequer at a day certain, and a scire facias in the writ to warn the plt. and deft. to be there. Natur. br. 129. Regist. orig. 137.   

Account against a Receivour, 1. in law 2. in deed.  
The Court  
IN the County Court. Regist. orig. 135. A.  
In London Regist. orig. 135. A.  
In the 5 ports. Regist. orig. 135. A.  
Before justice of peace. per. 2. Marlebridge. cap. 8.  
Before Auditors per Westm. 2. cap. 11.  
In the Com. Ban. Regist. 135. Nat. br. 117. E.   

Who shall have an Account against a Receivour.  
Husband and wife shall have an Account upon a receipt dum sola fuit. 22 Hen. 6. 39 pl. 10.  
Executor shall have an Account, but this is per Westm. 2. cap. 23. Nat. br. 117. C. 3 Ed. 3. 66. 7 Ewd. 3. 209. 5 Edw. 3. 141. pl. 7. 11 Hen. 4. 479.  
But one executor shall not have an account against his Companion. 11 Hen. 4. 79. pl. 20.  
If one have judgement against a receiver and dies, his executors shall have a scire facias. 14 Hen. 4. 1.  
If two Merchants occupy in Common and one die his executors shall have an Account against the other. Nat. br. 117. D.  
An executor of an executor shall not have an Account, only, the statute of 25 Edw. 3. cap. 5. Com. 190. 17▪ Edw. 3. 270. pl. 5.  
Filius & haeres non habebit breve de Computo versus Receptorem, quia pertinet ad executionem administrationis bonorum defuncti. Regist. orig. 135. B.  
Guardian of a Church against their predecessors. 8 Edw. 4. 6. P. 5.  
And per 2. Marlebridg. cap. 8. they shall have an account against a Bailie or head Constable of an hundred, etc. for amerciaments, or not repairing high▪ ways.  
Guardians and Parishioners shall have an account against Constables and Churchwardens for forfeitures of Ale-house-keepers, in the same manner as for other things by the common law. 1 Jac. cap. 9  
Two Joynt-tennants of goods, one of them delivers the goods to the other and to Render Account▪ one shall have an account against the other. 43 Edw. 3. 21. 12 Hen. 4. 18: Nat. br. 118. H.  
The sheriff levy money upon a fieri facias and do not deliver it to the plt. neither brings it into court, the plt. shall have an account against him. 11 Hen. 4. 58. pl. 8. 20 Hen. 6. 24. A. 21 Hen. 6. 5. A.  
If one testify, by his deed that he received 20 l. to bestow for me, I shall have an Account. Hen. 8. Dyer. 20. pl. 118. 11 Hen. 6, 39 pl. 31.  
So if one receive money to my use. Nat. br. 117. Q. 6 Hen. 4. 7. pl. 33.  
So if A. deliver money to B▪ to deliver to me. Nat. br. 117. Q▪ 13 Hen. 4. pl. 1. Haukeford. Nat. br. 138. A.  
A. indebted to B. in 200 p. B. prays C. to receive this for him. A. prays ●. to borrow this to pay B. C. borrows it of D. to pay to B. but pays it not at the day. A. was bound to D. for repayment. B. shall have an account against C. for this belongs to B. in so much that C. had his warrant to receive it. Hil. 12. Jac. come. Ban. Harringdon versus Dean.  
A. delivers money to B. to deliver to C. and he pays it not, A. shall have an account against him. Crook 21 Hen. 7. 69. pl. 2. per Frewicke. 
King.   
The King shall have an account, if goods be devised to him, against the Possessor in whose hand soever they be. Coke 11. part. 90. A. Devoushers Case. 40 Assi. pl. 35.  
If one take goods which appertain to the king, claiming them to his own use: yet the king shall have an account, Coke 11 part. 90. A. 33 Hen. 6. 2. 35 Hen. 6. 27. B. Nottingham: 8 Eliz. Dyer 249. pl. 83.  
Two offer to be bound for A. that he shall serve the king truly in such an office, and they present him to the king and he doth not perform his office, they shall account to the king, though they are not bound, Coke 11 part. 92. B. Devousheres case. 30 Ed. 3. Rott. 6.  
If one be entitled to an action of Account, and be outlawed, the king shall have an Account for it, 28 Edw. 3. 92. pl. 10.  
If one be indebted to the King and dies, the king shall have an account against his Executors or Tertenant, 5 Eliz. Dyer 225. pl. 33.   

Against whom Account lieth as Receiver.  
It lies not against a Prentice, Nat. br. 119. D. 7▪ Hen. 4. 14. 8 Edw. 3. 310. pl. 26. for there is no writ in the Register against a Prentice, Coke 11. part. 89. B. Devousheres case.  
Per 2. Marlebridg cap. 8. Churchwardens shall have an account against a Bailie or head Constable for amerciaments or highways.  
It lies against the husband for receipt of the wife, Nat. br. 118. F.  
It lies against a Deputy of a Receiver, for he receives this to the use of his Master, Nat. br. 119. B. 4 Edw. 3. 100 pl. 8.  

Executor.  It lies not against an Executor, Nat. br. 117. C. Littleton. Regist. orig. 135. B. quia mere pertinet ad curam Christianam cognoscere de computo reddendo versus executores, 48 Edw. 3. 2. 4 Edw. 4. 25.  
But if an Executor will account he shall be charged afterwards, 2 Hen. 4. 13. pl. 2. 19 Hen. 6. 5. A. Fortescue.  
Note in the case of the king he shall have account against Executors, Littleton.  
It lieth not against an infant, Nat. br. 118. D. because he hath not discretion to account, per 21 Edw. 3. 8. pl. 21. Regist. orig. 135. A. 26 Edw. 3. 63. he cannot wage his Law.  
It lies against a woman or Chaplyn. Nat. br. 118. D.  
Churchwardens shall have an account against their Predecessors, 8 Edw. 4. 6. pl. 5.  
Two being bound and both of them account, each of them of the whole, quaere if Account lies against one only, 5 Edw. 3. 141. pl. 8.  
It lies not against a parish Priest that hath the offerings, for the Clerk holds the vessel in which they are put, Nat. br. 119. E. 25 Edw. 3. 46. pl. 32. vide 11 Rich. 2. Jurisdiction 18.  
The king grants the Toll of a Village, and the said Village, and there were certain Collectors to receive it, the Village shall have a Commission out of the Chancery of him that receives this Toll, to hear and determine it, and to hear their Accounts, etc. Nat. br. 119. F.  
If any takes the goods of the king's debtors which dies, the King shall have an account against him, Coke 11 part. 93. A.  
It lies for the king against a Debtor or his Executors or Tertenents, 5 Eliz. Dyer 225. pl. 33. Com. 321. Mynes.  
But if one purchase to him and his wife, and he become indebted to the King, and die, his wife shall not be charged, 5 Eliz. Dyer 215. pl. 33. Contra if he be first in debt, and but a chattels, 5. Assiz. pl. 5.  
If one be an accountant to the king, and become indebted to the king, and afterward sell a Lease for years, the vendee shall not be charged, because it is but a chattel, Coke 8. part. 171. A.  
One in debt to the king purchases lands with the king's money to some friends in Fee per covin, and yet takes the profits, the king shall have the lands in execution, 5 Mariae. Dyer 160. pl. 41. 24▪ Edw. 3. Rot. 4. Coke 11. part. 92. B. Devousheres case.   

For what things Account lieth against a Receiver.  
A. delivers three tuns of wine to B. to sell, he shall have an account against him for them, but then he ought to count the receipt of every sum of every several man, 43 Edw. 3. 21. pl. 11. 46 Edw. 3. 3. pl. 6. 46 Edw. 3. 9 pl. 4. Hill. 43 Eliz. Com. Ban. Rot 1707. Tresham against Ford. A, indebted to B. and C. indebted to B. A. sends money to B. by his servant, which accepts of it for the debt of C. and not for the debt of A. yet A. shall have an account against B. because he cannot accept of this in any other manner then the other tendered it.  
If one receive money to my use he shall account for it, Nat. br. 117. q. 6 Hen. 4. 7. pl. 33.  
So if A. deliver money to B. to deliver to me, Nat. 117. g. 13 Hen. 4. pl. 1. Haukeford, Nat. 138. A.  
He which ought to pay me an annuity pays this to another to pay me, or if my Tenant pay it to another to pay me, I shall have an Account against him, 6 Hen. 4. 8. pl. 33.  
A. delivers money to B. beyond the sea to be paid in England, he shall account for it, Nat. br. 118. G. 41 Edw. 3. 3.  
Money delivered to one upon the performing of a Condition, if the condition be not performed the money to be redelivered, he shall account, Nat. br. 118. G. 41 Edw. 3. 10. 18 Hen. 8. Dyer 22. pl. 135. 11 Hen. 6. 39 pl. 31.  
A. leases tithes to B. rendering rend: A. being indebted to C. assigns B. to pay this. No account lieth for this, 5 Edw. 4. 140, 141.  
If goods be devised to the King, account 
King.  lieth for them, Coke 11 part. 9 A. Devoushers case.  
If one take goods of the crown, and claim them as his own proper goods, yet he shall account for them, Coke 11. part. 90. A. 33 Hen. 8. 2. 35 Hen. 6. 27. B. 18 Eliz. Dyer 249. pl. 83.   

The Account against a Receiver, 1. By other hands. 2. By his own hands.  
The Account was that he was a Receiver till such a time, until, etc. within which time he received of the moneys of the Plaintiff 10 l. by the hands of B. and 10 l. by the hands of C. Lib. intra. 19 C & D. 1, 2, 3. fol. 20. A. Sect. 4.  
Account of the Receipt of Moneys by the hands of the wife and a stranger not good, because they ought to have been several issues, 43 Edw. 3. 33. Pl. 34.  
But if the Account be of the delivery by the hands of the wife of the Plaintiff it had been good, 5 Edw. 3. 146. pl. 6. Count of bailment by the hands of a servant of the Plaintiff, Hill. 4 Eliz. Com. Ban. Rot 1707. Tresham versus Ford.  
And so of the delivery of a stranger and the wife of the Plaintiff, 43 Edw. 3. 33. Pl. 34.  
Account that the Defendant sold a thing to A. and received 20 l. and another to another and received of him 10 l. this is nought, for the 10 l. and good for the remainder, 46 Edw. 3. 3. Pl. 6.  
Baron and feme count that the Defendant fuit Receiver to the Testator from such a time to such a time, end received by the hands of B, etc. and did not account to the Testator neither to the Executrix dum sola fuit, neither to them after the coverture, Lib. Intra. 20. A. Sect. 4.  
Account against a Husband upon the receipt of his wife shall be by the Husbands own hands, Nat. br. 118. F.  

Bar.  Bar in detinue is a bar in account, per Briau. 2 Rich. 3. 14. Pl. 19 for the one and the other affirm property.  

Coverture.  The Defendant said that the Plaintiff at the time, etc. was under Covert Barn, and this was good, 6 Edw. 3. 184. Pl. 5. Vide 18 Hen. 6. 3. pl. 3. 2 Hen. 7. 15.  

Delivery.  Delivery to another by the command of the Plaintiff Male: but to say that he was Bayly to deliver to B. of the which he had a deed, this is good; because he had not confessed it by the account render, 19 Hen. 6. 5. Pl. 10. 26 Hen. 49. Pl. 7. 30 Hen. 6. 5. Pl. 4. 41 Edw. 3. 31. Pl. 37. Lib. jutra. 20. A. Sect. 5.  
Account against a Carrier who said that goods were delivered to him to deliver to B. which he had done without that he was Receiver in any other manner, this is a good bar, Mich. 40. 41 Eliz. Com. Ban. Burrel versus Calais.  
So if the plt. deliver to one 20 p. to carry to Lombard to be exchanged, and he brings a bill of exchange for the money without that that he was a Receiver for account render, for by this he doth not confess the recits for Account-rendering. 5 Hen. 5. 4. pl. 10. 28 Hen. 6. 9 pl. 1. 3 Hen. 6. 4. pl. 4.  
So if the plt. deliver to one 20 p. to obtain a discharge under the great Seal of Customs 10. Hogsheads of wine, the which he hath done this is good. 30 Hen. 6. 5. pl. 4.  

Redelivery.  Redelivery to the plt. without accquittance not good. 39 Edw. 3. 19 pl. 21.  
So if it be with an accquittanc. 3 Edw. 3. 52. pl. 13. becuse by this he hath confessed the receipt for account-render.  
But this is good before Auditors. 29 Edw. 3. 35▪ pl. 1.  
The defendant pleads that he, as messenger of the plaintiff received of C. being provost to the plaintiff and this paid and delivered to the plaintiff, this is no bar because by the Receipt he is liable to the account. 6 Edw. 3. 185. pl. 7. 29. Edw. 3. 20. pl. 11.  

More.  An account of a Receipt by the hands of B. 1. of May, till the first of July, it is no plea that B. is dead 3 of May because because he may receive this the 2 of May. 8 Hen. 6. 32. pl. 28.  

Obligation.  A. delivers 20 l. to B. to redeliver; B. binds himself to pay this; no bar in account. 4 Edw. 3. 125. pl. 45.  

Payment.  Defendant pleads, the plantif being in his debt commands him to receive of B. so much to his own use as will satisfy his debt, which he doth without that that he was his Receiver for account-render, and good. Lib. Intra. 20. A. et B. sect. 6. 5 Edw. 4. 29. B. Brian.  
But if he confess the receipt upon account and commands him afterwards to retain the debt, this is no bar. 28 Hen. 6. 7. pl. 9  

Robery.  No plea that he was factor and was Rob, but a good plea before Auditors. Coke. 4. part. 84. A. 41 Edw. 3. 3. pl. 9  

Vende.  Vende and takes an obligation no bar. 28 Hen. 8. Dyer. 29. pl. 193.  

Unison Receiver.  Upon Recipt by others hands, a good plea that he was never Receiver by their hands. 10 Edw. 4. 8. A. 7 Edw. 3. 259. pl. 13. 8 Edw. 3. 285. pl. 34. 7 Edw. 3. 242. pl. 1. 24 Edw. 3. 66. pl. 74. 25 Edw. 3. 39 pl. 24.  
But 5 Edw. 3. 159. pl. 22. this is not good▪ but shall say generally, that he never was his Receiver.  
If one testify his receipt by deed he cannot plead that he never was his receiver. 10 Edw▪ 3. 383. pl. 18.  
Defendant pleads that he is executor of B. and that he received the money as a debt of B. this not good, because the Plaintiff supposeth him his receiver; but aught to say, without that, that he received it as the money of the Plaintiff, 11 Hen. 4. 79. pl. 20. 13 Hen. 4. pl. 1.  
Note if the Receipt be by the hands of the Plaintiff the Defendant may wage his law, 7 Edw. 3. 269 pl. 52.  
So upon the delivery of the wife of the Plaintiff, 13 Hen. 4. 8. 43 Edw. 3. 33. pl. 31.  
But upon a Receipt by other hands he cannot, 9 Eliz. Dyer 265. pl. 2. 22 Hen. 6. 39 pl. 10. 5 Edw. 3. 159. pl. 22. 33 Hen. 6. 8. B. Moyle. because the Receipt lies in notice of the Country.  
An Executor brought an account upon the delivery of the Testator, the Defendant cannot wage his law, 7 Edw. 3 269. pl. 52.  

Outlary.  Outlary of the Plaintiff after the Receipt a good bar, although he had a Charter of pardon, 28 Edw. 3. 92. pl. 10.  

Accord.  A good plea that after the Receipt he married the daughter of the Plaintiff, and it was then agreed that he should keep the money, 12 Hen. 4. 18. A.  
So that he put the money in a bag, and that he should keep it in lieu of a debt, 28 Hen. 8. 7. pl. 9 
Delivery and Redelivery.   
Delivery over by command of the Plaintiff a good plea, 19 Hen. 6. 5. pl. 10. Lib. Intr. 20. A. Sect. 5. 42 Edw. 6. pl. 21.  

Redelivery.  Re-delivery good without an acquittance, because he cannot compel the Plaintiff to make an acquittance, 29 Edw. 3. 35. pl. 1. 6 Edw. 3. 185. pl. 7. 29 Edw. 3. 20. pl. 11. but it seems it may be a good plea before Auditors.  

Expenses.  Expenses reasonable shall be allowed to a Factor, 3 Edw. 3, 56. pl. 30.  
A Factor pleads that he was robbed, Coke 4. part. 84. A. Southcots' case 41 Edw. 3. 3. pl. 9  
So for goods lost by Tempest, 3 Edw. 3. 56. pl. 30. 41 Edw. 3. 3. Pl. 9  
So for goods sold under value by reason of war, 3 Edw. 3. 56. pl. 30.  

Receipt in Satisfaction.  Defendant said he received money in full satisfaction of a debt of another, etc. this was held void, because he did not name that he never was his Receiver, the which was found before Hill. 43 Eliz. Com. Ban. Rot 1707. Treshams' case.  

Vendee.  Vendee takes an obligation in the name of the Plaintiff, a good plea, 28 Hen. 8. Dyer 29, pl. 193.  
But then he ought to show that the obligor was sufficient at that time, 3 Edw. 3. 56. pl. 30.   

The judgement against a Receiver, 1. of Account. 2. to recover,  
1. The judgement is quod computet, & ideo in miserecordia quia prius inde non computavit, Coke 11. part. 38. A. Metcalves case, Lib. Intr. 19 D. sect. 1.  
Quod computet for parcel, and bar for the remainder, Lib. Intr. 22. A. Sect. 2.  
But if he confess part and traverse the other, no judgement shall be till the other be tried, 41 Edw. 3. Account 34.  
The judgement is, Ideo consideratum quod praedictus W. recuperet versus praefat. M. so much as is found in Arrearages, & dampna occasione implacitationis, etc. Coke 11. part. 40. A. Metcalves case.  
The King is not held to account against any as Receiver, but generally, quod ille ad computum domino Regi reddend. tenetur: and against Executors, quod tenebantur tempore mortis suae, Coke 11. part. 90. Devoushers case.   


In Comitatu.  The Writ against a Receiver.  

In Com. Ban.  Rex, etc. pr. A. quod just, etc. reddat B. rationabilem computum suum de tempore quo fuit Receptor denariorum ipsius B, etc. Regist. orig. 135. & ibidem B. vide diversa brevia de computo versus Receptorem.  
But there is another form of a Writ founded upon the Statute of Marlebridge, Cap. 23. Nat. br. 117. H. Regist. orig. 136. B.  
A good plea to the Writ that he was Bayly and not Receiver, for otherwise he shall be twice charged, 3 Edw. 3. 70. pl. 28. 18 Edw. 4. 3. pl. 17.  
A good plea to the Writ that he was Guardian in Soccage, 18. Edw. 4. 3. pl. 17.  
The Writ shall be always general, and if the cause be special it shall be in the County, Nat. br. 118. F.  
The Defendant pleads the Receipt by deed, and demands judgement of the Writ without showing it, this is no plea to the Writ; because the Receipt and not the dead is the cause of Action, 1 Hen. 6. 8. 28 Hen. 8. Dyer 20. pl. 121. But the 9 Edw. 4. 50. B. per Choke contra. 2 Hen. 6. 9 quaere.  
No plea to the Writ if they do not agree with the Plaintiff concerning the manner of the Receipt, 4 Hen. 6. 12. pl. 4.   

The Process against a Receiver, 1. before Appearance. 2 after.  
At the common law the Process was but a distress infinite, Coke 3. part. 12. A. Harberts' case.  
But per Marlebridg cap. 23. a Capias is given, Coke 3. part. 12. A.  
And by Westm. 2. cap. 11. Process of Outlary is given, Coke 3. part. 12. A. 17 Edw. 3. process 203. 17 Edw. 3. 59 pl. 55. Shared. 26 Ed. 3. 5. pl. 13.  
A Scire facias shall issue against Tenant per. Elegit to account, 21 Edw. 3. 2. pl. 6. 5 Edw. 3: 159. pl. 20. Regist. Judicial. 73. B. Old Nat. br. 34.  
And if he come not upon summons returned, Judgement shall be given against him, 5 Edw. 3. 159. pl. 20. 21 Edw. 3. 1.  
Conusor of a Statute shall have a Scire facias against a Conusee de Account, Coke 4. part. 67. B. 47 Edw. 3. 11. Pl. 9 & fol. 25. Pl. 63.  
So the Assignee of a Conusor, 25 Edw. 3. 53. Pl. 17.  
But then he cannot surmise that it was appraised and found of base value, 17 Edw. 3. 36. Pl. 6.  
If a Receiver come in by a Capias or Exigend, he shall be forthwith committed to the Fleet, 29 Edw. 35. Pl. 63.  
So if he come in by distress, and the account be adjudged against him, 29 Edw. 3. 35. Pl. 63.  
But if the account be adjudged against him, and he be not present in Court, a Capias ad computandum shall issue out, 1 Edw. 3. 2. Pl. 10. 1 Hen. 7. 1. Pl. 1. Townsend Lib. Intr. 18. Sect. 1, 2, 3  
Judgement given quod computet, the Plaintiff dies, the Executors shall have a Scire facias, which being served, if he appear not an Exigend. shall issue forth, 14 Hen. 4. 1.  
But if the Defendant be taken per Capias ad computandum, and dies in prison, a Scire facias lies not against his Executors, 10 Edw. 4. 7. 41. Assize.   

Bar by a Receiver. 1. to an Action of Account. 2. before Auditors.  

Bought.  The Defendant pleads, he bought the goods of the Plaintiff, and he brought this Action for them, a good Bar, 14 Hen. 4. 19 Pl. 21.  

Accord.  The Defendant pleads, that it was agreed that he should be bound to the Plaintiff for the principal and use, the which he did, this is a good Bar, 22 Hen. 6. 55. Pl. 32. for this drowns the contract: otherways he ought to plead this before Auditors.  
So if the Plaintiff grant, that if the Defendant pay 20 l. will withdraw his Action, a good Bar: because by way of Accord, 7 Edw. 3 325. Pl. 11. 18 Edw. 3. 39 Pl. 35.  
No plea that he put it in a bag, and that the Plaintif agreed that he should keep it in lieu of a debt; because the Receipt for account-render is confessed, 28 Hen. 6. 7. Pl. 9  
The Count was that he did account of such a Sum such a day, and year, and place, before A. and B. Auditors assigned by the Plaintiff, a good Bar, Lib. Intra. 19 D. Sect. 3. 25 Edw. 3. 39 Pl. 1. 2 Edw. 3. 45. Pl. 13.  
Count of divers sums received between such and such a day, and pleads to parcel of the time, that he hath fully accounted, and to the Remainder that he was not his Receiver, there he ought to show of what he had accounted, 30 Edw. 3. 1. Pl. 4.  
That he accounted to the Plaintiff from three months to three months a good Bar, 39 Edw. 3. 5. Pl. 22.  
A good Bar that he did account 1ᵒ April. but then he ought to say, without that, that he was his Reciever before or after, 21 Edw. 4. 66. Pl. 47 7 Hen. 4. 14. Pl. 17. 45 Edw. 3. 14. Pl. 13. 34 Hen. 6. 44.  
Counts that he was Receiver for seven years it is no Bar, that he accounted 1ᵒ Maii Anno 5ᵒ without answering for the two other years because he is to answer for the whole time, as well for the increase as principal, 7 Hen. 6. 5. Pl. 8.  
As to 20 s. received 1ᵒ Jun. fully accounted for, and to the receipt afterward or before that he never was Receiver, 27 Hen. 6. 1. Pl. 8.  
A good Bar quod 21. Jannarii Anno, etc. to D. in the County of W. he fully accounted with the Plaintiff, Lib. Intr. 20. B. Sect. 8, 9, 10. 11. Before the Writ he did account with the Plaintiff, a good Bar, 4 Hen. 6. 43. pl. 4.  
But he ought to account to the Plaintiff before he is imprisoned, or else no Bar, 22 Edw. 3. 3. pl. 32. 7 Hen. 4. 14. 34 Hen. 6. 44. pl. 4.  
For the Plaintiff cannot commit him to prison, for Westm. 2. cap. 11. gives this only to Auditors, 45 Edw. 3. 14. pl. 13.  
Account brought by Executors a good Bar, that they did account to the Testator and show his acquittances, 1 Edw. 3. 2. pl. 10.  
Defendant pleads award by Arbitrators that he redeliver the goods, this is nought; but if he had been charged only with the safety of them, then good, 2 Hen. 5. 2. pl. 6.  
Account upon a Receipt by other hands, Arbitrament is a good Bar, 22 Hen. 6. 39 pl. 10.   

Execution against a Receiver, 1. per Common Law. 2. per Statute Law.  
1. By the Common Law it was but a Levari facias, or Fieri facias, Coke 3. part. 12. A. Harberts' case.  
And this only within the year, for if the year was past, than an Action of debt.  
Unless the Process be continued, 33 Hen. 6. 49. pl. 33.  
2. Per Westm. 2. cap. 45. a Scire facias is giv en after the year, Coke 3. part. 12. A.  
Per Marlebridge cap. 23. & Westm. 2 cap. 11. a Capias was given in Process, and by consequence a Capias ad satisfaciendum in execution, Coke 3. part. 12. A. Lib. Intra. 18. C. Sect. 1, 2, 3.  
Per Westm. 2. cap. 11. if the Accountant before Auditors be found in Arrereages, he shall be committed by them to the next Goal in execution: the same law is if he will not account before Auditors, 10 Edw. 3. 387. pl. 28.  
But this shall be forthwith, Coke 8. part. 119. B. bonham's case, 27 Hen. 6. 8. Com. 17.  
But if he account before the Plaintiff he cannot commit him to prison; for the Statute saith before Auditors, 45 Edw. 3. 14. pl.  
But the Accountant to the King shall be imprisoned, and his goods and lands in execution per the Common law, Coke 3. part. 12. B. 5 Eliz. Dyer. 224. Com. 32.   

Ex parte talis.  
Per Westm. 2. cap. 11. If Auditors be assigned by the party which will not allow reasonable charges to the Receiver, or charge him with a thing he never received, and then commit him to prison, he shall have this writ. Nat. br. 129. F. 4 Hen. 6. 18. A. pl. 3. Regist. orig. 137. B.  
But if Auditors be assigned by the Court which do not make allowance, yet they shall not have this Writ, but may complain to the Court, and they shall order them, Nat. br. 129. F. 3 Edw. 3. 56. pl. 30.  
If one be sued in London, and the Court assign Auditors and make not allowance, etc. they shall have this Writ, Nat. br. 129. F. but note Regist. origin. 137. contra.  
The Writ shall be returnable before the Treasurer and Barons in the Exchequer at a certain day, and a scire facias in the Writ to warn the Plaintiff in the Account, and also the Defendant to be there, Nat. br. 129. G. & H. Regist▪ orig. 137.  
Note that account lieth in one Writ against a Bailie and Receiver, Nat. br. 116. P. 21 Hen. 6. 21. pl. 42. 9 Edw. 3. 356. pl. 38. & pl. 40. 14 Hen. 4. 20. pl. 25. vide the Writ, Nat. 117. C. Regist. orig. 135.  
Vide the Count, Lib. Intra. 17. B. Sect. 1.  
And for all the other parts they are in the same manner as is described before in Bayly and Receiver.    


1. Quid. 2. Quotuplex.  Action upon the Case.  
Action upon the case is either by 1. Doing of wrong to another— 1. Inheritance Real 2. Chattels Personal 3. Body  4. Name  5. Suits in Law  2. Not doing of a thing ought to be done by— Law to the wrong of Inheritance Real, Chattels personal Corpse, Suits in Law. Assumpsit touching Inheritance Real, Chattels personal, Body, Suits in Law. 3. Misdoing   4. Negligence   5. Deceit in bargains— With warranty Without warranty 6. Trover and Conversion in Deed Law, as to persons discontinued,  Wasting,  Denial to redeliver.   


In what Court it lieth.  
IN Ban. Regis.  
In Com. Ban.  
It lieth not in the marshalsea, Coke 10. part. 72. A. 76. A. marshalsea.   

For doing of wrong to the damage of another touching a thing hereditary who shall have it.  

Baron & feme▪  Baron and feme join upon an assumpsit to the wife dum sola fuit, and good, Hill. 9 Jac. Ban. Regis. Wolverton & his wife against Day.  
Baron and feme join in Trover and coversion upon a deed for an annuity granted to the wife, for if he survive, he shall have it, Trin. 40. Eliz. Com. Ban. Russel and Catesby.  
Husband had an action sole upon the assumpsit of the wife, and counted of the assumpsit to him, 27 Hen. 8. 24, & 25.  

Commoner.  Commoner shall have it for feeding his common, though he be but a Coppy-holder, Coke 9 part. 112. B. Mays case.  
But than it shall be such feeding by which he looseth his Common, or else cannot have it in that beneficial manner as he ought, Coke 9 part. 231. A. mary's case.  

Executor.  Executor shall have it for putting him out of his Term by the Lessor, Nat. br. 92. G. Regist. 97. Coke 4. part. 95. A. Slades case.  
For money for grain sold, Lib. Intra. 4. B. Sect. 2. the Court there.  
Upon an assumpsit to the Testator to marry or pay 20 l. Lib. Intr. 10. B. Sect. 5.  
Upon an assumpsit to save the Testator harmless of an obligation, Lib. Intra. 12. B. Sect. 2.  

Feoffee.  If a Nuisance be made, and Feoffment is made, if this continue as a new Nuisance, the Feoffee shall have an action, Coke 5. part. 101. A. Penruddocks case.  

Heir.  The heir shall have an action for Nuisance made in the time of his Father, if it be continued, etc. Coke 5. part. 101. A. Penruddocks case.  

joinder.  Two cannot join for calling them false knave and thief, 28 Hen. 8. Dyer. 19 pl. 112.  
Two cannot sue in the Admiralty where one ought to have Action. 5 Mariae. Dyer. 157. pl. 39  

Lessor.  Lessor shall have it against Tenant at will for voluntary waste, Littleton 15. A. 14. Hen. 8. 12. Brown. Coke 5. part. 13. B. Salops case. 48 Edw. 3. 25. Dyer 121. pl. 17. 11 Hen. 6. 38.  
But not for negligent or permissive waste, Coke 5. Part. 13. B. Salops case.  

Tenant in common.  Tenant in common shall have it against the other for breaking a Gutter between their houses, 2 Hen. 5. 3. pl. 12.  
For making a Limepit in his Land which they have in common, by which the water surrounds his house, 13 Hen. 7. 26.  
Tenants in Common join in an action for Nuisance upon their Land Committed▪ because this concerns their profit. Mich. 7. Jac. Ban. Regis. Stone against Dromage.  
For Takeing of a Meer-stone. 1 Hen. 5. 1. Lib. Intra. 9 C. sect. 1.   

2 Against whom this lieth.  

Administrator.  It lies against an administrator, upon an assumpsit of the Testator. Lib. Intra. 4. C. sect. 3.  
Which Cuts trees without Cause. 18 Edw. 4. 27.  

Bayly.  Against a Bailiff of a Bailiff of goods. 12 Edw. 4. 13.  

Baron & feme.  It lies against Baron et feme for not repairing seabanks upon the land of his wife. 7 Hen. 4. 31.  
Trover and Conversion lies against Baron and feme▪ for the Conversion is a disloyal act: which his wife may do. Mich. 7. Jac. Ban. Regist. Draper's case.  

Carrier.  Trover and Conversion lieth not against a Carrier for delivery to his servant, but an Action upon the case. Pasc. 9 Jac. Ban. Regis. Wornhall et Bradshaw.  

Counsellor.  A Counsellor is retained to purchase land, and discloses the Counsel by which, etc. 11 Hen. 6. 18.  
Upon an assumpsit to pay a bebt. No. Lib. Intra. 
Assumpsit.  1. B. sect. 1 Coke. 9 part. 86. B. Pinchons' case. 1. Coke. 9 part. 94. A. Banes case.  

Churchwardns.  Churchwardens for not repairing a Gutter. which is a Nuisance to my house. Lib. Intra. 10. D. sect. 1.  

Jonder.  I make an assumpsit, Action lies not against 2 only, but if the plaintiff shows that the others are dead then good and sufficient to show that at the request of them that are alive, and that the others are now dead. Trin. 7. Jac. Ban. Regis Brereton and his wife, against King & Milner.  

Master.  Against a Master upon sale and warranty of the servant. 11 Edw. 4. 6. 
Tenant at will.   
Against Tenant at will for voluntary waist. Littleton. 15. A. 14 Hen. 8. 12. Brown. Coke. 5. part. 13. Salops case. Dyer. 121. pl. 17.  
But not for permissive or negligent waist. Coke. 5. part 13. B. Salops Case.  

Tenant per elegit.  Tennant per elegit which holds over and cuts the trees after money tendered to him. 21 Edw. 3. 16.  

Tenant in common.  Against a Tenant in common by his Companion for breaking his gutter between their houses. 2 Hen. 5. plea 12.  
For making a lime-pit by which his house is damnified. 13. Hen. 7. 26.  

Tenant for years.  A. having an ancient light B. erects a house which stops it, and leases it to C. yet an Action lies not against C. because the Leassee had done no wrong, and he could not pull it down. Trin. 13. Jacobi Ban. Regis. Bolds Case.  

Vicar.  When a man prescribs in an I'll, and the vicar will not suffer him to make a sepulchre. No. Lib Intra. 8. b. sect. 7.  

Shrieve.  Upon a false return. Lib. Intra. 11. A. sect. 1.  
Upon returning nichil where he had sufficient. Lib. Intra. 11. C. sect. 2.   

For what things this action Lies.  

Trees.  Against a Tenant by elegit that holds the lands after his money tendered him and Cuts the trees. 21 Edw. 3. 16.  
So if tenant at will Cuts the trees. Littleton. 15. A. Coke. 8. part. 13. B. Salops case. 48 Edw. 3. 25.  
If a Bailie cuts trees without cause. 18 Edw. 4. 27.  

Chapel.  For disturbing of men to come to my chapel with offerings. 19 Rich. 2. action upon the case. 52.  

Way.  Against the owner of the land in which I have a way and he streightens it. 33 Hen. 6. 26. 
1 Estreite.   
For trenching of it. Lib. intra. 616. C. sect. 1. 
2 Trench. 3 Disturb   
For any manner of disturbance in my passage or part of my way so that I cannot pass so commodiously as I did before. 14 Hen. 8. 31. 21 Hen. 7. 35. 22. Hen. 6. 15. 10 Hen. 7. 21.  

4 Stopping of it.  If the whole way be stopped by one that is not owner of the soil, it Lies. 22 Hen. 5. 33 Hen. 6. 26. 10 Hen. 7. 21.  
So if tertennant and others stop it. 34▪ Hen. 6. 4. tamen quaere.  
For against tertennant that stops all the way an assize of Nuisance doth lie and not this Action. 22 Hen. 6. 14. 3 Eliz. Dyer. 250. pl. 88 19 Hen. 6. 29. pl. 49. Paston. 2 Hen. 4. 11. pl. 48. No. Lib. intra. 12. 6. sect. 10.  
But if I have it but for years, Case lies. 33 Hen. 6. 26. Nat. br. 176. et 184. L. eodem.  
If A. stops my way, and leases the land to B. it lies against B. if he do not open it; but if A. build a house and leases it to B. there B. cannot pull it down for my way, for this is waste in B. Trin. 13. Jac. Regis. Bolds case▪ and Rutlandshiers case.  
But the 11 Hen. 4. Action upon the case lies for stopping of a way in gross only, and an assize of nuisance for a way appendent. 21 Edw. 3. 2. 6. 34 Hen. 6. 4. pl. 11.  
But for stopping of a way in my own land trespass vi et armis lies and not this Action. 31 Edw. 3. Action upon the case 38. 13 Hen. 7. 26.  
But for stopping of a high way the defendant shall be punished in the Leete and not by this Action unless the party had a special loss. 27 Hen. 8. 26. 5 Edw. 4, 2. b. 7 Hen. 4. 8. 33 Hen. 6. 26. Coke. 5. part. 73. A. William's case. 21 Hen. 7. 35. Coke. 9 part. 113. Mayrs case.  

Slander of my Title.  If A. says that B. hath right in my Land for years' Action Lies. Coke. 1. part. 177. Mildmays case. No. Lib. intra. 30. A. sect. 27. but I ought to show how I am prejudiced.  
A. brought an Action upon the case against B. because that he published that he had the lease of the land of A. and that he intended to sell it and was hindered, B. said that he had an Indenture as in the Count is mentioned and traverseth that he forged it, 1 when B. claims a right, though he had none, yet the Action Lies not, 2 the Count is good because it is that it was against the knowledge of B. that it was forged. 3 sciens is not traversable. Coke. 4. part. 18. A. cáse 14.  

Lnad.  For stopping a ditch by which my land is surrounded, Nat. br. 88 E. 89. M. 39 Hen. 6. 32. 11 Hen. 4. 82. 14 Hen. 8. 31.  
For not scouring a Ditch by which my land is overflowen. Regist. orig. 100 A.  
For breaking of a seabanke by which my land is surrounded. Nat. br. 86. F. 89. B. et C. Regist. orig. 95. A.  
It lies not for erecting of Cony-burroughs by which I lose the profits of my land, because the party had no property in them, Coke 5. part. 104. Boulstons case.  

Trade.  If one hath the trade of a Bakehouse by  

Distress.  1. For disturbing my Bailie to distrain for an amercement, 18 Hen. 6. 9 pl. 20.  
2. For disturbing me to distrain or to attach, Nat. br. 102. F.  
3. For distraining more suitors to come to my Leete, Nat. br. 94. G. Coke 4. 94. B. Regist. orig. 103. B.  
4. For distraining Parsons or Vicars in their spiritual possessions, Nat. br. 94. E. and the Writ is contra legem & consuetudinem regni nostri, & contra formam articulorum, & contra pacem nostram, ibidem.  

Fair and Market.  1. Against him that set up a Fair or Market against my Fair or Market, 22 Hen, 6. 14. 11 Hen. 4. 74.  
But 41 Edw. 3. 24. per Belknap, Quod permittat lies, and not this Action.  
2. For disturbing Customers to come to the Market, 11 Hen. 4. 47. 41 Edw. 3. 24. 29 Edw. 3. 18. 9 Hen. 6. 45. Nat. br. 91. G. 2 Edw. 3. 32. pl. 9  
3. For disturbing me to hold a Fair or Market, 16 Edw. 2. Action sur case 47.  
And the Writ that it held three days, and the Count two days and two half days, and good.  
4. For disturbing me to take Toll in a Fair or Market, 9 Hen. 6. 45. 21. Hen. 7. 16. quaere.  
5. For selling in another place out of the Fair, Regist. Orig. 107. A. & B.  

Deeds.  1. When the Tenant burns the Deed to him delivered in remainder, 9 Edw. 4. 53.  
2. When a Deed is lost, 34 Hen. 6. 4.  
3. When the Seal is broken off, 39 Hen. 6. 46. Lib. Intra. 7. b. Sect. 1. & 3.  
4. For deeds sold with the Land and not delivered upon request, Lib. Intra. 5. A. Sect. 2.  
5. For forging a statute Staple or Merchant, Nat. br. 96. B 17 Edw. 3. 49. Reg. orig. 115. A. & B.  
6. For forging of a Release by which I lose my Ward, 39 Edw. 3. 13.  

False Return.  1. For returning me summoned and Judgement given by default, where I never was; but this was after the death of the Summoners, 8 Hen. 6. 1. 6 Edw. 4. 3. 8. 26 Assize 48.  
2. For returning a Nichil where I had lands, Nat. br. 93. B. 31 Edw. 3. Process 55.  

Ferry.  1. For setting up a Ferry to the Nuisance of my Ferry, 22. Hen. 6. 14.  
2. For threatening, by which I lose the profits of my Ferry, 22 Hen 6. 17. pl. 32.  

Foldage.  For disturbing my Foldage, No. Lib. Intra. 14. D. Sect. 12.  

Forrest.  For disturbing one to have certain walks in the Forest of Selwood, Coke 5. part. 76. the Countess of Pembroke's case.  

Warren.  For erecting a Warren or Dove-house Action lies not, although it be to the Nuisance of another, Coke 5. part. 104. B. Boulstons case.  

Liberty.  For executing Process in my Liberty, Nat. br. 95. B. Regist. orig. 103. 104. 5 Edw. 3. 150. pl. 20.  

House.  1. For hindering my light by making a woodpyle, Coke. 9 part. 57 B. Alreds' case. Le count there, and 58. No. Lib. intra. 19 B. sect. 16. 7 Edw. 3. 261. pl. 15.  
2. For infecting the Air of my parlour with an hogskin, Coke. ibidem.  
3. With a Dyehouse, Coke. ibideus.  
Michaelis. 9 Jac. Ban. Rigis. Ward versus Cheshire. The plaintiff counts that he is seized in fee of a Kitchen, in parochia sancti Dunstani in London, and prescribes to have windows in the backside of the Defendant, and his stopping up of maximam partem, etc. port action and upon not guilty found per quaer. and moved in arrest of Judgement.  
1. He did not show that the kitchen was ancient; but it was resolved, that it was employed in the prescription; but by Williams this was was not material: but Crook e contra by the custom of the city it ought to be stopped if not ancient.  
2. For that the quantity was not showed, but resolved it need not be, Coke 4. part. 49. Com. 249. neither show the Parish in which the backside is, sed non allocatur because the stopping of the light is the material point, and it was showed where it was: and the Plaintiff had judgement.  
Hill 9 Jac. Regis. Hughes & Keme. A. had an ancient house in London, B. builds a new one which stops the light of A. per Curiam. 1. that a man cannot by the custom of London erect a new house, where there was not one before, to stop the lights of the ancient house. 2. Upon an ancient foundation a man may erect a new house, and stop the ancient lights of his neighbour; for by the same reason that his neighbour erected his house more high, may the other at any time erect his, but he cannot enlarge his in breadth or length to stop the lights of his neighbour, vide 22 Hen. 6. 15.  

Manor.  For removing a plaint out of my Manor without cause, 27 Hen. 6. 4.  
For taking an estray within my Manor or liberty, 13 Edw. 3. breve 674. 31 Edw. 3. breve 333. but ibidem. it lies not before seizure.  

Meere-stone.  For removing a Meerstone though one of them be Tenants in Common, 1 Hen. 5. 1. Lib. intra. 9 C. sect. 1.  
1. For disturbing my customers to come to my 
Mill.  Mill, 11 Hen. 4. 47. 41 Edw. 3. 24. 29 Edw. 3. 18. 9 Hen. 6. 45.  
2. For erecting a new Mill, Lib. intr. 9 B. sect. 2. D. sect. 1.  

Office.  1. For disturbing to take seizure of an office, 6 Edw. 3. 9  
2. For disturbing the steward to hold Court, Lib. intra. 5. B. sect. 1.  
3. For disturbing to take the profits which belong to the office, 9 Rich. 2. action sur case. 5.  
4. Against an Escheator that returns contrary to that which was found by office. 9 Hen. 6. 60.  
5. If he return where no office was found, 21 Edw. 4. 23. et 27. for he is not Judge but officer, 9 Hen. 6. 60.  
6. For procuring a false office to be found by which my land is seized, 47 Edw. 3. 15. kitchen 175. A.  

Pischary.  For erecting of a Dyhouse which poisons my water by reason whereof my Fish dies, Coke. 9 part. 59 A. Aldreds' case.  

Procurement.  1. For releasing me with warranty and procuring an other to sue me, 34 Edw. 3. 20.  

Protection.  1. Against Tenant in praecipe which hath protection allowed to Westm. for one year and within the year he stays at Gloucester, 15 Edw. 4.  

School.  If I sue a Schoolmaster for erecting a school in the same Town the action lies not; for it is no nuisance, 11 Hen. 4. 47. pl. 21. 22 Hen. 6. 14. prisott.  

Slander of my Title.  If A. says that B. hath right in my Land for years' Action Lies. Coke. 1. part. 177. Mildmays case. No. Lib. intra. 30. A. sect. 27. but I ought to show how I am prejudiced.  
A. brought an Action upon the case against B. because that he published that he had the lease of the land of A. and that he intended to sell it and was hindered, B. said that he had an Indenture as in the Count is mentioned and traverseth that he forged it, 1 when B. claims a right, though he had none, yet the Action Lies not, 2 the Count is good because it is that it was against the knowledge of B. that it was forged. 3 sciens is not traversable. Coke. 4. part. 18. A. case 14.  

Land.  1. For stopping a ditch by which my land is surrounded, Nat. br. 88 E. 89. M. 39 Hen. 6. 32. 11 Hen. 4. 82. 14 Hen. 8. 31.  
For not scouring a Ditch by which my land is overflowen. Regist. orig. 100 A.  
For breaking of a seabanke by which my land is surrounded. Nat. br. 86. F. 89. B. ●t C. Regist. orig. 95. A.  
It lies not for erecting of Cony-burroughs by which I lose the profits of my land, because the party had no property in them, Coke 5. part. 104. Boulstons case.  

Trade.  1. If one hath the trade of a Bakehouse by prescription for the whole Town, and another erects another and sells, an Action lies, Coke 8 part. 125. case of London 19 Rich 2. Action sur case 52.  
2. For using the trade of a Dyer in R. without Licence of the Archbishop of York, Regist. orig. 105, & 106. Coke ibidem.  
3. The king grants to A. the sole seisance of play-cards, yet A shall not have an Action upon the case against others that use the trade, because the grant is void, Coke 11. part. 86. A. Monopolies.  

Waste.  Tenant at will makes voluntary waste, Action lies against him, Littleton 15. A. 14 Hen. 8. 12. Brown. Coke 15. part. B. Salops case. 48 Edw. 3. 25. Dyer 121. pl. 17. 11 Hen. 6. 38.  

Watercourse.  For diverting of part of the stream by the owner of the Land, by which the stream flows over, 12 Hen. 4. 47. 21 Hen. 7. 30. Dyer 248. pl. 80. Coke 4. part. 86. Lutterels case the Count there. 3. Eliz. Dyer 195. pl. 37.  
But for diverting majoris partis Assize lies, 8 Eliz. Dyer 248. pl. 80. but this is intended when the Mill cannot go.  

Watering places.  For stopping a pit that one hath for water, although it is not a common watering place, 21 Hen. 7. 35. No. Lib. intr. 18. D. Sect. 15.   

The Writ  
Ought to be certain as the Count, except the place and time, 22 Hen. 7. 91.  
It ought to have the certainty as the Count and to have all the Count except the year and day, the quantity and certainty of the Land, 38 Hen. 6. 9 pl. 20. Prisott.  
The Writ shall not be vi & armis, Nat. br▪ 92. E.  
When there are two causes of Actions▪ 1. causa causans, 2. causa causata the former may be alleged vi & armis, Coke 9 part. 50. B. Salops case.   

The Process. 1. Before appearance. 2. After.  
At common Law a Capias lieth not, 43 Edw. 3. 11. Coke 10. part. 72. A. marshalsea.  
But the 10 Hen. 7. cap. 9 such process is given in an Action surcase in Ban. Regis & Com. Ban. as for Traverse or debt, Br. exigend. 29.   

The Judgement.  
For not repairing of a Bank per quod, etc. the judgement shall be to recover Damages, and a Distress to the Shrieve to compel the Defendant to repair.   

For what things it lies.  

Chase sheep.  1. For chase sheep into the 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.  

For goods lent & are wasted.  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 Crook. 2 Hen. 8. 160. pl. 2.  
3. If against a Bailie that cuts my trees or kills my Cows, 18 Edw. 4. 23.  
4. If a Bailie lend them to B. and he wastes them, it lies against B. 12 Edw. 4. 13.  
5. Against my Butler that breaks my Hanaper, 18 Edw. 4. 27.  
6. For bailment 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 Bailie of beasts which kills them, Littleton. 15. A. Dyer. 121. pl. 17. 14 Hen. 8. 12.  

Goods not delivered.  The executor comes to the heir 31 days 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 wrong is punishable. Mich. 7. Jac. Ban. Regis. Steedmans' case.  

Wood and estovers.  1. A. sold 20. cords of wood to B. to have by assignment, and afterward sold 4000 to C. to have at his election, and assigns to B. which he shall cut and C. takes them, B. shall have an Action. Coke. 5. part. 24. Palmer's 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. Mayor's case.  

Carrier.  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 lies against the Master, Pash. 9 Jac. Ban. Regis. Wornhall et Bradshaw.  

A Horse▪  1. For delivering a horse to B. for safeguard, who delivers him to C. to the use of A. who spoils 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 lies 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.  

Pigeons.  For taking my Pigeons with engines. 16 Edw. 4. 7.  

Dice and Cards.  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.  

Distr●●.  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 highway or in any spiritual 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 suit to my leete, Nat. br. 94. G.  
For distraining Cows 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 distress, Lib. Intra. 226. D. distress, the writ there. Nat. br. 90. B.  
The count shall not show that there was other sufficient distress but it shall be Contra formam statuti. 14 Eliz. Dyer. 312. pl. 86.  
And it lies 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.  

Escape by A Gaoler.  By a Gaoler against a prisoner that escapes being committed per Auditors, Nat. br. 95. C. 130. B. the writ there.  

Deeds.  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, etc. Lib. Intra. 7. B. sect. 2.  

Ferryman  Against a ferryman that surcharges his boat by which my horse is drowned, 22. Assize. 41.  

Forgery and Counterfeiting.  1. For forging of an obligation that is put in suit 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.  

Guard.  For taking away a ward he shall have the value of the marriage, 29. Assize 35.  

Grain drowned.  For putting something in my ditch whereby my grain is drowned. Regist. orig. 95. B. 97. A.  

Menace.  For menacing to take my goods if I do not give him 20 l. 7 Edw. 42.  

Pales.  For taking away my pales, 15 Ed. 4. 4. Choke.  

Piles.  For putting in a River piles by which my oxen perish, Nat. br. 92. F.  

Protection.  For taking my goods after protection to me granted, Regist. orig. 12. A.  

Rescous.  By a Shreeve against one that Rescued one in execution, Dyer. 241. pl. 47.  

Servants.  1. For taking my servant out of my service, 19 Rich. 2. Action upon the case. 52.  

Bar▪  Not his servant a good bar, 20 Hen. 7. 4. pl. 13. Fineux.  

Servant.  2. For enticing my servant to depart and him retain, 11 Hen. 4. 23.  
3. For beating my servant though he serve me but for pleasure, 21 Hen. 6. 9  
But he ought to commit per quod he lost his service, Coke. 9 part. 113. A. Mayor's 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 doth not count as aforesaid, he shall never have judgement, Crook. 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, etc. Regist. orig. 94. B.  
5. For assault and battery of my servant, per quod etc. 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, etc. 19 Hen. 6. 35. pl. 73.  
7. For battery maheyme and imprisonment, per quod, etc. Crook. 7 Hen. 8. 180. pl. 4.  
8. When his Dog bites my servant, per quod, etc. Regist. 111. A.  
A good plea to the writ that it was his wife that was prize, 7 Rich. 2. traverse 206.  
So, that it was his Farmor, 13 Rich. 2. traverse 210.  
So, that it was his apprentice, 2 Hen. 6. 31. pl. 18.  
So that it was his companion, 37 Hen. 6. 7. pl. 13.  

Term.  Against the lessor that outs the executors of the Term, Nat. br. 92. G.  
And the writ is there by summons not per pone per vadios, etc.   

For doing of wrong to the damage of another touching his body.  

Lying in wait.  For lying in wait to kill me or take me as villain so that I dare not go about my business, 2 Edw. 4. 5. 17 Edw. 4. 4. Regist. orig. 101. 102. Crook. 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.  

Arrest.  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 aught to be by collusion to vex me, 43 Edw. 3. 20.  
3. For arresting me to appear in the marshalsea where I was not sued, 3 Hen. 6. estoppel. 18. 10 Hen. 6. 13. 7 Hen. 6. 30.  
4. For arresting me in London knowing I was privileged in Bank. 7 Hen. 6. 45.  
5. Against a Shreeve for returning me nihil where I had lands by which I was taken per Capias, Nat. br. 93. B. 31 Edw. 3 process. 55.  
For arresting me and bringing me before a Justice where I was indicted and Acquitted and good although the time of the arrest is not showed because the other is vexation▪ Trin. 7. Jac. Ban. Regis. Olivers case.  

Articles.  If one exhibit Articles to a Justice of peace against B. to have him bound to his good behaviour, no Action lies for this because it is in Course of Justice, Coke. 4. part. 14. B.  

Goaler.  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.  

Indictment.  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 employed, 2. ought to have Counted quod inde acquietatus fuit, or words that do amount to so much, Mich. 7. Jac. Ban. Regis. Rot 407. Bell. versus Gamble.  

Menace.  For threatening 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 threatening another of life and member, 10 Edw. 4. 6. the writ and count, Lib. intra. 661. B. sect. 1. 2.  

Poison. Surgeon.  For putting poison 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.  

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 lies, Kitchin. 173.  
Fit autumn injuria non solum cum qui● puguo percussus fuit, verberatus, vulneratus, vel fustibus cesus, verum cum ●i conviti●m dictum fuit, vel de eo factum crimen famosum, & hujusmodi. Bracton. Lib. 3. fol. 155. A.  
There are 2 kinds of defamations, Spiritual, 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 lies although they are spoken adjectiuly but if they imply an intention only then an action lies not. Coke. 4. part. 19 B. case. 15.  

Adulterer.  It lies not for calling one adulterer because it belongs to the spiritual Court, 27 Hen. 8. 17. Coke. 4. part. 17. case 11. but now it doth because Adultery is made death.  

Bunkrupt  1. For calling a man Bankrupt it lies not, unless a man be a Merchant or use a Trade. pash. 40 Eliz. Beckard & Constable. it was there doubted, than one case was Cited in Ban. Regis. that it did not lie.  
2. For saying that B. will be a Bankrupt within 2 days it lies, 6 Edw. 6. Dyer. 72. pl. 6. Coke. 4. part. fol. 19  
3. A. shows that he was a Shoemaker, 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 show that he was a shoemaker, for it is employed in that he said he used to buy and sell per 10 years, Mich. 9 Jac. Ban. Regis. Dayet. Chandler.  
4. For calling a Merchant Bankrupt Knave it lies because it toucheth him in his profession, Coke. 4. part. 19 A. &. B.  

Bastard.  1. For Calling one Bastard 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. says that he is a bastard by which he is not presented, B. shall have an Action. Coke. 4. part. 17. case. 11.  

Bawd.  For Calling one Bawd it lies not, 27 Hen. 8. kitchen. 173. because it belongs to the spiritual Court.  

Bribery.  A. said to B. your Attorney is a bribing knave, Action lies because it toucheth him in his profession, Mich. 11. Jac. Com. Ban. Yardly et E●ill.  
A. said of an Attorney, You are well known to be a Corrupt man and to deal Corruptly, Action lies, Coke. 4. part. 16. case. 6.  

Barecter.  For Calling a man Common Misseasor or Barector it lies not, Kitchin. 173. A. vide. 22. Assiz 43.  

Cosener.  1. For Calling a man Cozener it lies not, Coke. 4. part. 15. B.  
2. Thou art a Cozening knave and hast Cozened my 2 Kinsmen of Land worth 6000 l. and I will bring thee to stand upon the Pillory for it, the action lies not, Kitchin. 173. B.  
3. A. is a Cozening knave and I have proved him a Cozening knave for selling me a saphir for a diamond, it lies 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, etc. 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 enemy to the state of this Realm an action lies, Hill. 40. Eliz. Com. Ban. Hooknell et Smith.  

Slander in writing.  It lies for writing a Libel in a paper and affixing it to the Church door by which I am to enter, 17 Edw. 4. 3. Lib. Intra. 13. B. sect. 4.  

False Justice.  For calling one false Justice of peace it lies. 4 Edw. 6. 22.  

False Knave. False sure.  It lies not for Calling a man false knave, Kitchin. 173. B.  
1. It lies not for suing a man for forgery. 11 Eliz. Dyer. 245.  
Because for false action sequiter nulla poena. 2 Rich. 3. 9  
For this is in course of Justice, Coke. 4. part. 14▪ B.  
2. But if one be sued in the star-chamber for a thing not examinable, there an action lies▪ Coke. 4. part. 14. B. case. 3. No. Lib. Intra. 23. B. sect. 21.  
3. But if one appeal in Com. Ban. it lies not, because this is in the nature of a loyal suit.  

Felon.  1. For calling a Judge a Felon, 30. Assize. 19 Kitchin. 173. A.  

Forger.  It lies for saying that one had forged a deed, 11 Eliz. Dyer. 285.  

Heretic.  1. For calling one Heretic it lies not, because it properly belongs to the Spiritual Court, 27 Hen. 4. 17. Regist. org. 54. Coke. 5. part. 57 B. Specotts case.  
2. But if one said of a divine that he is a Heretic by which he looseth his benefice or presentation, action lies, Coke. 4. part. 17. case. 11.  

Thief.  1. For calling one thief an action lies. 27 Hen. 8. 14. Eliz. Dyer. 236. pl. 26. Lib. intr. 12. D. sect. 2. Hill. 4 Eliz. Com. Ban. Reques case. Dyer. 9 pl. 112.  
Common voice and fame is not sufficient to call a man Thief 26 Hen. 8. 9 Dyer. 236. pl. 26.  
But he may Justify that the plaintiff stole sheep, Mich. 13. Jac. Com. Ban. Cuddinston et Wilkins.  
For calling one thief and causing him to be indicted where he was acquitted, 27 Hen. 8. 11 Lib. intra. 12. D. sect. 2.  
For saying that A. had stole sheep, 27 Hen. 8. 22.  
For saying that A. stole sheep of B. 26 Hen. 8. 9 pl. 11.  
A. is a false knave and was at my house on the session's day at night and would have Rob me and did break my doors and did put me in Jeopardy of my life. 28 Hen. 8. Dyer. pl. 171.  
A. is infected with such a Robbery that he doth smell of it, 14 Eliz. Dyer 317. pl. 8. 6 Edw. 6. Dyer. 72. pl. 6.  
There is a nest of thiefs at B. and C. is the maintainer of them, and is a strong thief, Dyer. 75. pl. 2.  
Men cannot have their Cattle go up and down the Common but B. and his children will kill them with Barber's dog, no action lies, Dyer. 118. pl. 79.  
Thou art a steal-gown and the first gown that thou didst wear thou stollest, and then didst walk up and down in thy stolen gown, and hadst no gown until thou didst steal one. action lies, No. Lib. intra. 22. D. sect. 20.  
Thou art a Thief for thou stollest my son's goods, action lies without averring that he had goods, Pash. 38 Eliz. Com. Ban. Elin. et Moor.  
My master B. hath Rob me of all my goods, action lies without averring that he was his servant, for that is assets certain, Mich. 15. Jac. Ban. Regis. Brown et Low.  
B. burned my barn, (innuendo) a barn of Corn, action lies not, for it is not showed a barn with Corn, nor that it was parcel of the Mansion house, and the innuendo, cannot aid it, Coke. 4. part. 20. case. 16. No Lib. Intra. 24. D. sect. 22.  
A. hath stolen my wood, action lies, for wood cannot be intended trees growing, Pash. 38 Eliz. Com. Ban.  
A. doth or will prepare to Robb me, action lies, for this tends to the ruin of A. Mich. 14. Regis. Sydenham et May.  
A. Calls B. Thief, and Justifies that he stole sheep, B. pleads the general pardon after the words spoken, the action lies, for by the pardon the word Thief is taken away, Mich. 13. Jac. Com. Ban. Cuddingtons' case. and Wilkens.  
Thou didst set on me on the high way, and didst take away from me my purse, and I will be sworn to it, action lies, Pash. 9 Jac. Ban. Regis. Stoner et holland.  

Leper.  1. For Calling one Leper or Leprous knave, Action lies, Intr. Taylor et Baggs.  
For leprosus extra communionem positus peters non potest, Bracton. Lib. 2. fol. 12. A.  

Murderer.  1. For calling one Murderer, Action lies, 6 Eliz. Dyer. 236. pl. 26.  
2. Thou hast killed my wife, no Action lies, because it appears to the Court that she is alive, Coke. 4. part. 16. A.  
3. Thou didst poison thy husband Action lies, and yet it was objected, 1 that she ought to show that he was dead, 2 that he died within the year, 3 that it was voluntary, Mich. 15. Jac. Ban. Regis. Gardiner's case.  
4. Thou didst poison S. and it shall Cost me a 100 l. but I will hang thee for it, Action lies, No. Lib. Intra. 25. C. sect. 23.  
5. A. said that C. gave counsel to B. to kill me, It lies not because a man is not punishable without an Action done, Coke. 4. part. 16. Case. 10.  

Perjured.  1. For calling one perjured, 2 Hen. 8. 22. Kitchin. 173.  
2. But for saying that he had forsworn himself, It lies not, Coke. 4. part. 15. A et B.  
Unless he had said in such a Court of Record, Coke. 4. part. 15. B.  
3. A. hath gotten a Manor by swearing and forswearing, Action lies not because it is found general, Coke. 4. part. 15. A et B. No. Lib. Intra. 21. B. sect. 18.  
4. W. is forsworn and perjured in swearing at the Common Plea bar, upon the deed which he then had in his hand, this shall not be intended that he swore upon the deed but upon the book, ergo the action lies, Hill. 35. Eliz. Ban. Regis. Rot. 56. Crowe.  
H. is a perjured old knave in the Court of T. Action lies, for perjuring in a Court, Baron is punishable, per 5 Eliz. for the right comes in debate there, et perjurium est ius alienum pervertere, Pash. 40 Eliz. Com. Ban. Hatchman et Southcotte.  
A. says to B. thou hast an old Cripple whore to thy mother, for which words he sued him in the spiritual Court, and produced W. for witness, A. takes exception to him because he was perjured at the Assizes at D. in such a cause, W. for this brought his Action against A. which Justifies as aforesaid, 1 this was a legal course, ergo the action lies not, 2 the eclesiastical court may punish perjury, therefore it lies not, Trin. 15. Jac. Ban. Regis. Westover versus Dabener.  
Thou art perjured and I will pro●e it, Action lies, N. Lib. intra. 26. A. sect. 24.  
For saying that A. was detected of perjury in Starchamber, it lies not because an honest man may be detected but not convicted, Coke. 4. part. 16. case. 8.  

Plague.  1. For saying of an Innholder that he had buried divers of the Plague that died in his house in his garden, Action lies, Regist. orig. 173. B.  

Pox.  M. is a whore and hath the Pox, and they have made such holes in her that you may turn your finger in them, and K. the Srugeon hath given her a diet drink to heal them, take heed how you drink with her, Action lies: 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.  

Profession  1. A. said of B. being a Barrister that he had as much law as a Jack an Apes, action lies because it is an unreasonable creature not having any law, and it scandals him in his profession, Mich. 36. et 37 Eliz. Ban. Regis. Palmer's case.  

Revealer of a cause.  For saying of a counsellor he will deceive you, he was of my counsel and reavealed my Cause, No. Lib. Intra. 22. B. sect. 19  

Rogue.  For calling a man Rogue it lies not, Kitchen. 173. B.  

Sedition.  A. says of a Preacher thou hast made a seditious Sermon to day and moved the people to it, Action lies because he is scandalised 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 Queen's proceedings, Coke. 4. part. 12. B. Cromwell's case.  

Sorcery.  L. said E. did report that your wife sacrificed her child to the devil to make away my mother, Action lies, because sorcery is felony, per 11. Jac. Regis. and there is an evil intention and an act joined together, Pash. 15. Jac. Locke versus Locke. 
Traitor.   
It lies for calling one Traitor, 27 Hen. 8. 14. 30. Assize. 29. Coke. 10. part. 130. B. Osburns case.  
Thou didst speak treason, action lies, 9 Jac. Brereford et Preston.  
Walter said P. did say that Mr. Lewis. did say there was no Prince in England, action lies, and it cannot be intended but Prince Charles, and because it toucheth the plaintiff in his Allegiance it shall be taken in the favourablest sense, as is Fama, fides, occulus non patiuntur Ludum, Hill. 14. Jac. Ban. Regis. Lewis et Walter.  

Usurer.  For calling one Usurer it lies not, because it merely belongs to the spiritual Court. 27 Hen. 8. 17.  

Whore.  It lies not for calling one whore, Mich. 9 Jac. Ban. Regis. Hudsons' case. Coke. 4. part. 18. A. but it doth by the late action.  
But in London by customs it did lie before, but if it be removed to Westm. no Procedendo shall be granted, for such customs to maintain actions for brabbling words is against the Law. Coke. 4. part. 18. A. case. 13.  
For saying of a Maid that she had a Bastard, an action lies, 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 wrong to the damage of another, touching suits in Law.  

Admiralty.  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 Bailie in the admiralty and is arrested when the principal matter is not determinable there this Action lies, quaere for it was argued at the bar, Mich. 11. Jac. Com. Ban. Rot 1127. Rowe versus Alporte.  

Attachment.  Against him that disturbs an officer to make Attachment.  
Against a Bailie of a Franchise that frandulently delivers to the owner his goods attached, Na●. br. 93. F. 2 Edw. 3. 43.  

Attorney.  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 Aduntage 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 lies for not executing his office, 20 Hen. 7. 9 A. Knigsmell.  
6. It lies for Utlawing me in the name of B. that was dead at the time, Coke. 7. part. 1. A. Bulwers case.  
7. It lies for pleading Non sum informatus without warrant, 20 Eliz. Dyer. 361. pl. 13.  
8. It lies for appearing in default of the Tenant and confessing the Action without warrant, 9 Edw. 4. 13. 43 Edw. 3. 20. Regist orig. 113. A.  
9 Against him that will be my Attorney without my Assent 42 Edw. 3. 14.  

Counsellor.  Against a Counsellor retained for a certain sum, and he discovers his counsel, and was of Counsel with the other, party and good, although he doth not show for what sum he was retained, 11 Hen. 6. 2. 18. Action upon the case the 7. Lib. Intra. 2. B. sect. 2.  
Against a Counsellor that is an Ambidexter Lib. intra. 2. B. sect. 3.  

Christian Court.  against him that sues me for Tyths in court Christian, although I show him a Composition out of memory, 8 Edw. 4. 13.  

Escape.  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 Gaoler that lets one escape that was committed upon the statute of Labourers, 14 Hen. 6. 8.  
3. Against a Gaoler that suffers one to escape taken upon a Capias upon A statute Merchant, Nat. br. 93. A.  
4. Against a Gaoler 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 suit and suffers him to escape, Regist. 111. A. et B.  

Essoyne.  Against a sheriff that quashes essoynes in Reply erronice without assent of the suitors, 20. Assize 45.  

Execution.  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, etc. but it ought to be alleged 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 shows execution upon a statute as executor of the Conusee where he is not, or where the Conusee is alive, 2 Rich. 3. 8.  

False return, no Return.  1. Against a Shrieve that returns 4 to exactus, where it should be 5º exactus, 9 Hen. 6. 60. 81.  
2. For returning Cattle estrayed which are dead, 32 Hen. 6. 27.  
3. For making other return then the Bailie made, 36 Hen. 6. 1. 30. Assize 5.  
4. For returning a man of the inquest where he shows him a Charter to the contrary, 18 Hen. 8. 5.  
5. Against a Commissary that returns a Jure patronatus otherways than it is found 22 Hen. 6. 30.  
6. Upon a devastavit returned falsely, Lib. Intra. 11. A. sect. 11 Hen 6. 37. B.  
7. For returning a man summoned where he was not, 26. Assize 48. 1 Hen. 6. pl. 4. or where he was not summoned by a reasonable time, 39 Edw. 3. 7.  
8. The same Law Upon Garnishment, 2 Edw. 3. cap. 14. Regist orig. 112. B.  
9 For returning non est inventus where the party was sufficient and aught to be summoned 31 Edw. 3. process 55. Nat. br. 39 B.  
10. For returning a cepi Corpus, and had not the body at the day, the plaintiff shall not have an action upon the case, but shall sue him upon an account, 7 Hen. 4. 31. process. 120.  
11. For delivering a distress and returns not the writ, 21 Edw. 3. 43.  
Against a deputy of a sheriff, 20 Hen. 6. deceit. 11.  
12. For returning a nihil where had sufficient, Lib. intra 11. C. sect. 2. Nat. br. 39 B.  
13. Against an escheator that Certifies an office otherways than it is found or that certifies one where there is none found, 21 Edw. 23. 9 Hen. 6. 60. Regist. orig. 115. B.  
14. By the new shreeve against the old shreeve for returning one sufficient which is not by which the plaintiff is charged in Issues, 19▪ Hen. 6. 38. B. Paston.  
15. Against a Shreeve that makes a precept to one that is not Bailie of a Franchize, 38. Assize 13.  
16. The Shrieve returns not a cepi Corpus, sed languidus when he was in good health, he shall have a false prisonment, 11 Hen. 6. 42. pl. 39 2 Hen. 6. 5. A. And the other an action upon the case, 21 Hen. 6. 5. A.  
17. False Judgement the Shreeve returns that there is no such things, etc. if it be false Action lies, 10. Edw. 3. 389. pl. 35.  
18. For the Shreeve shall not be amerced, 44 Edw. 3. 3. pl. 11.  
19 If the Shreeve make a false return upon an inquest the party hath no remedy, Coke. 5. part. 32. B. Pettisors' case.  
20. For not returning a writ delivered by bill, Westm. 2. cap. 39 42. Assize 12. But note 8 Edw. 3. 3. 298. pl. 26. Herle. it lies.  
21. It lies against a Shrieve for a false Return, Doct. & studend. 134. B. 19 Hen. 6. 29. 5. 72.  
22. For returning summoned where he was dead, Action lies, 8. Edw. 3. 330. pl. 1.  
23. Against a Summoner that returns a man summoned where he was not, by which he was excommunicated, Mich. 12. Jac. Ban. Regis. Pole and Godfrey. the Count and plead in the Reports.  

Forgery.  For suing one upon a forged Obligation, Coke 4. part. 18. B.  

Imbezeling.  Against a Custos brevium by Bill for embezelling a Writ to him delivered, 7 Hen. 4. 6.  
For inciting another to embezel a Writ, 19 Hen. 6. 29.  
If my Attorney or Deputy of the Shrieve embezzle a Record, deceit lies, 19 Hen. 6. 30.  
For suing me before the Steward or Martial, 
marshalsea.  where I am not of the household, 3. Hen. 6. Estoppel 18. 10 Hen. 6. 13.  

Plea.  1. Against a Bailiff of a Franchize that discontinues his plea, Nat. br. 93. F. the Writ there.  
2. Against a Bailie of a Franchize that sues after the plaint removed, Nat. br. 93. E. 14 Ed. 3. Action upon the case 39  
3. Against a Guardian which pleads a false plea: or vouches one that is not sufficient, 9 Edw. 4. Action upon the case 118.  

Procurement.  Against him that procures one to say he is A. B. the plaintiff in the Suit, and confesses the thing, etc. Regist. orig. 113. B.  

Prohibition.  Against him in Court Christian that proceeds after prohibition delivered, Nat. br. 92. E. the Writ shall say contra pacem.  
Against him that throws the prohibition in the dirt, Nat. br. 92. E. Regist. orig. 92. the Writ shall say contra pacem.  

Protection.  Against him who gets a protection of the King for one, and gives it to another of the same name, 30 Hen. 6. 18.  
Against a Tenant in a praecipe that hath a protection to come to Westm. and stays at Gloucester, 15 Edw. 4. 19 Regist. orig. 119. B. 20 Hen. 6. 10.  
Against him that gets a protection, where he was not in service of the King, Lib. intra. 492. D. the Count 493. Sect. 2, 3.  

Purchase of a writ.  Against him that purchases a Writ whereby I am sued to pay a fine, without my privity, Regist. 112. A.  
Quare impedit, 112. A & B.  
3. Against an officer in Ban. Regis, which purchases a supersedeas for one that I have a Plaint against in London, upon a false surmise that the Defendant is his servant, 21 Edw. 4. 23.  
But upon surmise that he hath an action depending there it lies not, because the Court cannot have notice, ibidem.  
4. Against an officer in Chancery, which purchaseth a Supersedeas for his servant, where he was not his servant retained before the time, 11 Hen. 6. 8.  

Reseous.  1. By a Gaoler against Rescoussors of one in Execution, Dyer, 241. pl. 47.  
2. A. being arrested upon a Latitat at the Suit of B. and Rescoussed by C. B. shall have an Action against C. and aught to show that he intended to declare against A. in debt; for there are no other Process in this Court, Pash. 7. Jac. Ban. Regis. Kemp's case.  

Statute.  Against him that acknowledged a Statute in my Name without my privity, 112. B. Regist. orig.  

Vexation.  Against him that sues me on purpose to vex me, 8 Edw. 13. 43. 1 Edw. 3. 20.  
But for causeless Suits no action, 11 Eliz. Dyer 285. for, pro falsa actionis prosecutione nulla sequatur poena, 2 Rich. 3. 9 pl. 22.  
2. Against him that sues me for a thing arbitrated before that the day come, Regist. 111. A.   

For the not doing of a thing which ought to be done by the Law, touching a thing hereditary to the damage of another.  

Admission.  A Coppie-holder by Custom may nominate him which shall succeed him, and name one, and pray to be admitted, and offer reasonable fine to the Lord which refuseth; the Coppie-holder shall not have an action of the Case against the Lord, because before admittance he had no right, Pash. 13 Jac. Ban. Regis. Ford and Hoskins.  

Bedell of a Hundred.  A Beadle of a Hundred brought his action against many, and prescribes to have three gallons of the best beer of every Brewer for 7d. and good. 1. he need not show what estate. 2. it is good against many because all in common are accessary, 19 Rich. 2. Action upon the Case 51.  

Enclosure  Against him which ought to enclose and doth not, by which my grass is consumed, 11 Rich. 2. Action on the case 36.  
But if it be between two houses, a Curiae claudenda lies, ibidem. 
Feoffment.   
A. sold land to B. and he will not enfeoff him, Action lies, 22 Hen. 6. 44. Newton. 
Induction. Institution.   
Against an Archdeacon which refuseth to induct, 26 Hen. 8. 3. Nat. br. 47. because here the Archdeacon is in place of the Shrieve, Mich. 12 Jac. Ban. Regis, Poole and Godfrey. But in this case by Dodderidge & Coke it lies not against the Ordinary for not instituting a Clerk, because this is merely spiritual: in the case above specified.  
A. hath a nomination and B. the presentation, A. names B. and will not present, yet an Action 
Presentation.  lies not by the Court, Pasch. 13 Jac. Ban. Regis, in the case of Ford and Hoskins.  
Against one that ought to find a Priest, and will not, 21 Hen. 7. 5. 22 Hen. 6. 46. Lib. intra. 
To find a Priest.  2. D. Sect. 5.  
But if he shall be found by the Lord, and his Tenants of his Manor, no such Action lies, Coke 4. part. A. Williams; but it shall be in the Court Christian.  
1. Against a Lessor that refuses to repair his house, Dyer 36. pl. 37.  

Reparations.  2. Against him that ought to repair a bridge by which I have a way to my Manor, 11 Hen. 4. 82. 45 Edw. 3. 17.  
3. But if a Highway be not repaired by which my horse is mired, I shall have an Action, by Heiden. 5 Edw. 4. 3.  
4. Against him which ought to repair a mound or bank, by which my land is drowned, 29 Edw. 3. 32. 12 Hen. 4. 7. Nat. br. 93. G. 7 Hen. 4. 31. pl. 13.  
5. So of the banks of a River, Nat. br. 93. G. 15 Edw. 4. 18. 45 Edw. 3. 17. 7 Hen. 4. 8. 31. 11 Hen. 4. 82. 83. 33 Hen. 6. 26. 29 Edw. 3. 32. pl. 49.  
But if they be broke by tempest no action lies, 29 Edw. 3. 32. pl. 49.  
6. For not scouring the Ditches, 11 Rich. 2. Action upon the case 36. Nat. br. 93. G.  
7. For not repairing of a Gutter, Lib. Intra 10. D. sect. 1.  
For not repairing a house that is ready to fall upon my house, Crook. 22 Hen. 7. 98. pl. 4. per Fineux et Brudnell.  

Retain.  Against him that is retained to purchase Lands and doth not, 11 Hen. 6. 18.  
But if he doth his endeavour it sufficeth.  
But if he be a Counsel with the other party Action lies, 11 Hen. 6. 18. pl. 10. Babinton. & 55. pl. 26.  

To hold Court.  Against a Lord in Ancient demeasne which will not hold his Court, 11 Edw. 2. action upon the Case 46. 
Toll.   
1. Against a Miller that refuseth to grind toll-free for one that is toll free, 43 Edw. 4. 24. Crook. 130. pl. 100 l. per Keble.  
2. Against him that bought or sold in my market or fair without paying Toll, 7 Hen. 4. 44. pl. 11.  
3. But if one pass over my passage or port where I have toll quaere what remedy, 21 Hen. 7. 16. pl. 25.   

For not doing of a thing which ought to be done by the law: to the damage of another, concerning Cattles.  

Borrowed.  A. borrowed a horse of B. which died suddenly without his default, Action lies not, 40 Edw. 3. 36.  

Attorney.  It lies not against an Attorney that will not do his office unless he be retained, 20 Hen. 7. 9  

bailment.  Against a Bailie that hath money to bail my Attorney and doth it not, 20 Hen. 6. 9 B.  
Against my servant because he pays not money for Bayling and saving harmless, 20 Hen. 6. 9  

Cocket.  S. being a Dutchman his parents being subjects to the King brought an action against a Customer for not putting Cocket upon his Merchandise and tenders the Customs. Coke chief Justice said that insomuch that the dutchmen here assembling and not of our Congregation nor free of any Company of Merchants that the action lies not. Pasc. 14. Jac. Stephen's his case.  

Farrier & Smith.  1. Against a Smith that refuseth to shoe my horse, 14 Hen. 6. 18. Crook. 18 Hen. 7. 50. pl. 4.  
2. But then he ought to have all necessaries and his wages tendered, 2 Hen. 6. 55.  
3. Against a Farrier that applies medicine and cures not my horse. But if no default be in him it lies not, 19 Hen. 6. 49. 43 Edw. 3. 33. 48 Edw. 3. 6.  

Innkeeper  Against an Innkeeper that will not lodge me, 39 Hen. 6. 18. Crook. 18 Hen. 7. 50. pl. 4. 14 Hen. 7. 22. B. Higham.  

Pledge.  1. Against him that will not deliver Pledge upon tender of Money borrowed. Nat. br. 86. C. Regist. 91. B. Lib. intra. 8. B. sect. 1.  

Servant.  Against a servant that will not do his service 2 Hen. 7. 11. B.  
For his wages is Certain by the statute, and he hath his action to recover it, 3 Hen. 6. 36. B.  
3. Against one that will not serve not having land. Regist. orig. 101. A. and B.  
4. Against one that will not serve in summer, Regist. orig. 101. B.   

For the not doing of a thing which ought to be done by the Law to the damage of another touching his body.  

Innkeeper  Against an Innkeeper that refuseth to Lodge me, 36 Hen. 6. 18.  

Bar.  A good bar that his house was full and had no room, 5 Mariae. Dyer. 158. pl. 32.  

Surgeon.  Against a surgeon that takes upon him a Cure and neglects it, 48 Edw. 3. 6.  

Victualler  Against a Victualler that refuseth to sell to me, 39, Hen. 6. 18.   

For not doing of a thing which ought to be done by the Law, to the damage of another touching Suits in Law. 
Attorney.   
1. It lies against an Attorney that is retained and makes default, Lib. intr. 2. A. sect. 1. Regist. orig. 113. A.  

Clerk of Assize.  Against a Clerk of Assize that takes a fee and enters not the Jury. 34. Hen. 6. 4.  

Feoffee to use.  Against a Feofee to use which doth not plead according to the directions of the feofor. 14 Hen 8. 24. B. pl. 2.  

To hold Court.  Against a Lord of a Manor that will not hold his Court, 11 Edw. 2. Action upon the case. 46.  

Shrieve.  1. Against a Shreeve that will not execute process, 14 Heu. 7. 23. the party being showed to him, 8 Edw. 4. 14. 17.  
2. For the plaintiff against a sheriff that will not return his writ, 2 Hen. 6, 5. 8 Edw. 4. 14. 7.  
3. Against a Shrieve that will not return an outlary, 42. Assize. 12.  
4. For delivering a distress upon a second deliverance, and not returning the writ. 2 Edw 3. 43.    

Assumpsit.  

For the not doing of a thing which ought to be done by the agreement of the party to the damage of another touching things hereditary.  

A●umpsit. Quid. Quotuplex.  ASsumpsit is either by word. Indented. or deed. Poll.  
If it be by Covenant it lies, and need not any Consideration, 2 Hen. 7. 11. 21 Hen. 6. 55.  
If it be by word, than it ought to be upon a consideration otherways it is but Nudum pactum unde non oritur actio.  
A Consideration is one cause or occasion 
Consideration. Quid. Quotuplex.  meritorious requiring mutual recompense in deed or in Law, 16 Eliz. Dyer. 336. B. pl. 34.  
The consideration is either expressed, or employed, in every contract there is an Assumpsit employed, Coke. 4. part. 94. Slades' case.  
If it be expressed it ought to be showed in the Court, 3 Hen. 6. 36. 11 Hen. 4. 33.  
Consideration of a thing past is not good, Doct. and Stud. 104. B.  
An assumpsit may be made in the absence of another if he will agree to it afterward, 27 Hen. 8. 24.   

General Bar.  
1. Concord pleaded, Lib. intra. 6. C. sect. 6.  
2. Non assumpsit and this a man may plead alhough there is no consideration, Pasch. 26 Eliz. Ban. Regis.  
But if the former where upon an entire sum upon 2 assumpsits then no bar, Trin. 14. Jac. Ban. Regis. Pain and Selley.  
A good Bar that he promised upon Condition which is not performed, Lib. Intra. 5. D. sect. 1.  
Non emisset the Land of him a good bar, Lib. Intra. 6. B. sect. 5.  
That the plaintiff discharged him of the bargain, a good bar, Lib. Intra. 685. C. sect.  
1. Against him that sells land to me and promises 
To make an estate▪  to make an estate, and doth it not, 3 Hen. 7. 14. 14 Hen. 8. 15. 21 Hen. 7. 41. 2 Hen. 7. 11. 12. 20 Hen. 7. 9 22 Hen. 6. 44. 20 Hen. 6. 34. Lib. Intra. 5. D. sect. 1. and 685. B. sect. 1. the writ Lib. intra. 6. A. sect. 2.  
2. Against him that sells land to me and promises to give me seisin of it and does not. Regist. 112. A.  
3. A. promises to convey land to such a person as B. shall name, and shows that he conveyed it to B. this is good; for it shall be intended one nomination in so much that he did accept of it, Mich. 13. Jac. come. Ban. Huligo and wild.  
4. Against him that first sells land to me and afterward sells it to another, Lib. intr. 685. B. sect. 1. Nat. br. 98. F. 20 Hen. 6. 34  
5. The same Law is if he grant a Rent and afterwards infeoff me, 20 Hen. 6. 34.  

Ditch.  Against one that promises to scour his ditch and doth not, by which my land is drowned, 3 Hen. 6. 36.  

Granage,  Against an Alien that brought Salt to Landon and promises to the Major to pay so much as shall be due for Granage, 18 Eliz. Dyer. 352. pl. 27.  

Lessor.  Against the Lessor that promises that the Lessee shall enjoy pacifice et quiet and is expulsed by a trespassor, 16 Eliz. Dyer. 328. pl. 8.  

House.  1. Against him that promises to amend his house, 19 Hen. 6. 49.  
2. For not building a house according to his promise, 2 Hen. 6. 55. 21 Hen. 7. 41. 20 Hen. 7. 9 14 Hen. 6. 18. Nat. br. 145. G.  
3. Against him that promises to cover a house and doth it not 3 Hen. 6. 36. 14 Hen. 6. 18.  
4. A. Leases a house to B. at will and in consideration that he will permit him to enjoy it till such a day, he promiseth to keep A. harmless from all damage ratione inhabitationis et occupationis messuagii praedicti, and for every farthing hurt he will satisfy 2 d. upon request: the servant of B. suffers the house to be burnt, 1. the assumpsit extends to negligent waste, because it is a damage to the lessor, 2 the plaintiff ought to show how many farthings he is damaged or else he cannot recover 2 d. for every farthing, 3 he ought to request so many farthings due to him and to demand 2 d. for every one in a gross sum, 4 the promise to the tenant at will, 5 he needs not to aver that he did there inhabit at the time, etc. for if he occupied it, it is sufficient, 6 by the assumpsit that B. should have it until, etc. And it being a Lease for years ergo the action lies not, Mich. 9 Jac. Ban. Regis. Coventry & Woody.  

Purchase.  Against him that promises to purchase land for me and doth not do it, he is not excused though B. will not sell it 11 Hen. 6. 18. 3 Hen. 7. 14.  
But if he be retained and do his endeavour he is excused, 16 Hen. 6. action upon the case 44.  

Release.  Against him that promises to make B. to release me and doth not, 14. Hen. 6. 18. pl. 58.   


Assumpsit.  For not doing of a thing which ought to be done by the agreement of the parties touching Chattels.  

Agistment  1. Against him that puts in Chattels without paying for the Agistment, Nat. br. 86. B. Regist. orig. 92. A. the writ there.  

Annual payment.  Against him that promises to pay 10 l. for 4 years and fails of the first payment, Action lies presently, Coke. 3. part. 22. A. Walkers case. 3. Marie. Dyer. 113. pl. 54.  

Trees cutting.  Against him that promises to cut trees and Carry them to my house, Regist. 109. B.  

Arbitrament.  Against him that promises an agreement and doth it not, Coke. 5. part. 77. B. Sammons case. No. Lib. intra. 3. B. sect. 4.  

Assent.  A. grants his term to B. if C. agree, B. promises 20 l. to C. for his assent, this is a good assumpsit, Trin. 12. Jac. come. ban. in the case Grisly and Louther.  
1. Against one that promises to redeliver money and doth not, Lib. intra. 10. sect. 1.  
2. Against a Baylee that takes upon him to keep Cattle safe and doth not, Lib. intra. 9 A. sect. 1. & fol. 3. B. sect. 1.  
3. But if he promise to guard the goods and after refuses, no action lies, Doct. et Student. 102. B.  

Carrier.  1. Against a Carrier that undertakes to carry goods safe ann doth not, 2 Hen. 7. 11. Lib. intra. 2. D. sect. 1.  
2. Against him that promises to Carry wine and breaks the Pipe by negligence, Regist. 110. A.  
So if Oil be carried, Regist. orig. 112. A.  

Charitable deeds.  Against him that promises 10 l. for the Curing a poor man, Doct. et Student. 104. A.  
For upon every promise if the party be charged with it, an action lies, although the other have no benefit, Doct. et Student. 104. A.  

Coach.  Against him who promises to make a Coach and doth not, Nat. br. 94. A.  
But the plaintiff ought to Count that he did give money for the doing, otherways it is but Nudum pactum, unde non oritur actio, 3 Hen. 6. 36. pl. 33.  

Gathering tithes  A. promises if B. will assist him in the gathering of the Tithes of Cheese and Apples and other Tithes till such a time, he should have 20 s. and shows that he did assist him so long in the gathering the said Tithes, and good; for non constat that there are other Tithes if there be they ought to be showed by the other party, Mich. 7. Jac. Ban. Regis. Baker et Secker. 
Dove-house.   
Against him that takes upon him to repair my Dove-house and doth it ill, Regist. orig. 110. B.  

Cross.  Against him that promises to make a Cross and doth not, Regst 109. B.  

Delivery of a deed.  A. promises to deliver a deed upon request, the request ought to be showed precisely, otherways if it be of a thing due before or upon sale, for in the forner case the request is traversable but not in the latter, Pasc. 28 Eliz. Com. Ban.  

Discharge of a prisoner.  Against him that promises to pay me as much as the other aught if I will discharge him of the prisoner. 27 Hen. 8. 24.  

Farrier & Smith.  1. Against a smith that takes upon him to shoe my horse and doth not, 14 Hen. 6. 18.  
2. Or to cure him, 19 Hen. 6. 49. Regist. orig. 119. B.  
It is not sufficient to do all he can, But upon a retainer without taking upon him the Cure, 43 Edw. 3. 33. 45 Edw. 3. 17. 48 Edw. 3. 6. 27. Assize 56.  
And the writ shall not say contra pacem, 43 Edw. 3. 33.  
3. Quare tam negligenter et improvide imposuit medicinas, etc. quod equus mortuus▪ 43 Edw. 3. 33. pl. 38. 19 Hen. 6. 49.  

Ferryman  1. Against a Ferryman that takes upon him to carry one over the water and doth it not, and this without consideration because his fare is certain 22. Assize 41.  
2. For surcharging his boat by which my beast is drowned, 22. Assiz 41. action upon the case. 40.  

Forbearance.  An administratrix desires ●o be forborn till such a time and then she will pay the debt, this is a good assumpsit, Coke. 9 part. 94. A. Banes case. the count there, and needs not say in the count that she hath assets for it shall be intended, but it ought to be given in evidence for she is not chargeable if she have not quid pro quo. Coke. 9 part 92, 93, 94. Banes case. et fol. 90. B. Pinchons' case.  

Fobearance.  The same law is of a stranger's promise, Coke. 9 part. 94. A.  
But then he ought to show that the plaintiff agreed to it, Mich. 39 Eliz. Com. Ban. Milwards case.  
Then the count ought to show how the debt grew due, Coke. 10. part. 77. A. Marshalsea.  
Yet A. counts that B. was indebted to him in 20 l. but shows not how long, and that the 10. of September. 7. Jac. promises if the plaintiff would not arrest him, but forbear till the 21. of September he would pay him, and sets forth that he did forbear so long per curiam if the plaintiff counts of the forbearance for a certain time there it is good without showing, when the debt grew due, but otherways when the forbearance is for a time uncertain, Trin. 9 Jac. Ban. Regis. Deane et Nuby.  
This count was that the Intestate was indebted to him in a 100 l. and the admistrator in consideration of forbearance by a reasonable time assumes to pay and upon non assumpsit pleaded it was found for the plaintiff 1. Coke. chief Justice said forasmuch as the intestate was indebted and the administrator promised, etc. and pleaded non assumpsit, it shall be intent h● had notice of the debt therefore good to which there was no answer, 2. forbearance by a reasonable time is a good consideration because the Court may judge of it, but forbearance per paululum temporis is not good to which the court agreed, Trin. 14 Eliz. Ban. Regis. Lingill et Broughton.  
The Count was that where A. was indebted to him in 32 l. for which he sued A. and that it was agreed between him and A. to stay the suit and if he paid it not before Mich. he should give security, 1. he need not show how the debt grew due because the forbearance is the cause of action, but otherways when the Testator is indebted and promises for, there the debt is the cause of the action, 2. Cok. Chief Justice that he needs not show that he did surcease his suit, because it was but a reciprocal agreement, but if A. in consideration that the plaintiff shall surcease his suit promises to pay it, than he ought to show that he did surcease, Pasc. 14. Jac. Ban. Regis. Fuller's case.  
W. indebted to B. delivers goods to L. to pay him, L. prays B. to stay 2 or 3 days and he will pay him, L. pays it not, B. shall have an action against L. for it is a good consideration in so much that L. had goods to satisfy, Mich. 7. Jac. Ban. Regis. Brande et Lister.  
A. pledges goods to B. and if A. pay not at such a day that B. shall have the goods after and afore the day, etc. C. requests B to forbear tell another day, and he would pay it, yet B. may have an action against C. for if C. pay the money than he may have a Detinew against B. for the goods, for by the payment C. had a special property, Trin. 13. Jac. Ban. Regis. Capper et Dickingson. Per Coke. Chief Justice.  

Goaler.  Against a Gaoler that promises to the Shrieve to keep safe his prisoners and lets them escape, Regist. 110. A. et B.  

Warranty.  Against him that warrants for 10 l. that my boat shall come safe upon the Thames, 34 Hen. 8. br. action upon the case. 107.  

Lessor.  A. Leases to B. rendering rend and paying all out rends and makes reparations, the Lessor in consideration of this promises defendere et sustentare statum et possessionem of the Lessee quiet et pacifice absque interruptione, 1. a good consideration, 2. the said Clause amounts to so much as if he had said that the Lessee shall quietly enjoy his Term, Mich. 7. Jac. Ban. Regis. Gamble et Terrell.  

Marriage money.  1. Against him that promises in Marriage 10 l. if he Mary his daughter, No. Lib. intra. 2. B. sect. 2. et 4. B. sect. 1. Doct. et student. 104. A. 16 Hen. 3. prohibition 22.  
2. A. being to Marry B. C. living with A. says to B. if she should Marry A. and his father do not make such a jointure to her, he would give her a 100 l. B. marries A. the Jointure is not made A. and B. shall have an action against C. for peradventure the Marriage had not taken effect, but in regard of the promise of C. Mich. 29. of Eliz. Ban. Regis.  
3. A. promises to B. C l. in consideration that B. marry his daughter, this is a good consideration in so much that the advancement continues being even in frank marriage after the marriage is good, Trin. 29 Eliz. Ban Regis. March et Rayneforde.  
4. A. promises to B. that whereas his son was a suitor to his daughter, if B. would give his assent A. would give to B. 50 l. this is a good consideration, 1. because the daughter ought to have the consent of her parents, 2. because the son of A. was to have advancement by the marriage, Trin. 12. Jac. Com. Ban. Greicely et Louther.  
5. A. promises 50 l. if he marries B. in an action upon the case for the 50 l. he is not bound to show that he did give notice of the marriage neither to make request, Mich. 7. Jac. Ban. Regis. Brently et Tod.  
6. A. having speech with El. Stukley about marriage promiseth to M. the daughter of the said Eliz. that if she marry him without disposing of her estate he will give to M. in marriage 40 l. and in an action brought upon this in so much that he did aver in his count that she had not disposed of her estate it was not good, Mich. 15. Jac. Ban. Regis. King's case.  

Obtains a Lease.  Against him that promises to obtain a Lease for me for 10 l. and gets it for himself, 3 Hen. 7. 14.  

Payment.  In consideration of divers sums received of divers persons to the use of the plaintiff amounting to 24 l. assumes to pay this, and adjudged a good count though he doth not show of whom he received the sums because this is not traversable; for it is a consideration executed. Trin. 14. Eliz. Ban. Regis Beckingham et Lambert.  
Count that upon an in simul computasset the Defendant was indebted to him in 20 l. and promises to pay it, etc. Crook Justice said it was a good consideration, and Dodderidge said that in every action of debt an action of the case is employed, and when it appears how the debt grew due, than it is a good Assumpsit, Trin. 14. Jac. Ban. Regis. Cullimore & Eynison.  

Planting.  Against him that takes upon him to plant thorns, and doth not do it, Lib. Intra. 13. C. Sect. 1.  

Save harmless.  1. My servant being in prison I request his enlargement, and promise to save A. harmless, an action lies; but without request not, 10 Eliz. Dyer 272. pl. 31.  
2 If one become Bail for the servant, and after the Master promise to save harmless, an action lies not.  
3. A. being Bail for B. in Ban. Regis, B. promises to save him harmless, yet A. shall not have an Action against B. although he pay the money, if no Capias be awarded against the Principal, nor Scire facias against the Bail, Trin. 7. Jac. Ban. Regis: Bolles & Jones error upon judgement in Com. Ban.  
4. A being indebted to B. prays C. to be bound to B. for the debt, and he will be bound to C, etc. C. is bound to B, etc. A. refuseth to be bound to C. yet C. shall have an action against A. for it is a good consideration, in so much that C. is liable to the debt, Mich. 9 Jac. Ban. Regis. Knyvet & Pledall.  
5. A. promises to B. to discharge him and save him harmless from all bonds in which he was bound for the son of A. at the request of the said son. B. brought his action, and shows that he as fidei jussor was bound. 1. It is a good consideration. 2. He ought to show precisely that his son requested; for although fidei jussor imply a request, yet it is not sufficient, Pasch. 9 Jac. Ban. Regis. Somerston & Barnby, & postea Mich. 9 Jac. it is showed that it was alleged, and for this judgement was given for the Plaintiff, Lib. intra. 11 C. Sect. 1.  
6. An infant borrows money, B. is bound to 
Infant.  pay it at full age, the infant promises to save him harmless, action lies upon it; for although the infant is not liable in law, yet in conscience he was, and this sufficeth: for the consideration, Trin. 29 Eliz. Ban. Regis adjudged.  

Solicitor.  A Widow promiseth for following her Suits to pay 200 l. this is not good; for it is maintenance per 2 Justices, but Dyer against them: because it did not appear that they were Suits in Law, 19 Eliz. Dyer 356.  

Sufferance  A. promises 10 l. to B. if he suffer C. to enjoy the Land, there although C. enjoy it not, yet if A. agree and do not interrupt C. the Action lies, Pasch. 15 Jac. Ban. Regis. Taylor & Wilks.  
A. being a Coppie-holder makes B. his Executor, and intends to surrender, to the intent that B. should satisfy a debt to D. the son of A. promises that if he do not surrender but suffer the Land to descend he will satisfy the debt. A. dies: B. shall have an action against the son; for it is a good consideration, Hill. 9 Jac. Ban. Regis. Grace versus Grace.  

Tabling & Lodging.  A. promises to pay to B. for his reasonable board for such time as he shall be with him, B. shows that he was with him ten months, and that 5 s. the month is reasonable, amounting all to 50 s. this is good, Pasch. 30 Eliz. Ban. Regis. Floyd & Irish.  
2. A. being sick in an Inn B. promises to pay as much as shall be due for all necessaries that the Innkeeper shall provide for A. yet in the Action the Innkeeper shall say in the Writ and Count, that he did provide necessaries till such a day, until, etc. in all to the value of 20 l. forasmuch as the promise was general the Writ is good. 2. It is inconvenient to show all things that he did provide, etc. the same law is for a Physician per Dodderidge Justice. Pasch. 13 Jac. Ban. Regis. Crips & Baynton.  

Vendor.  1. For money upon the sale of any personal things, 33 Hen. 8. br. Action upon the case 105, 110. 2 Rich. 3. 14. Com. 102.  
For in every contract there is an Assumpsit employed, Coke. 4. part. 94. Slades' case. the Count needs not show but soepius requisitus, Pasc. 28 Eliz. Com. ban.  
2. In an action for money upon the sale of a thing he needs not count that he was possessed ut de bonis propriis. Trin. 7 Jac. ban. Regis. Fitz. william & Blackman.  
3. Against a purveyor or servant that bought goods for his Master, and promises payment, Dyer. 230. pl. 56. 12 Hen. 8. 12.  
4. Against him that promises to a Baker to pay so much as he shall deliver in bread to B. 29 Hen. 8. 25.  
5. Upon a promise to pay for clothe bought if B. doth not, 12 Hen. 8. 12.  
6. A. brought an action, and shows that he sold a horse to B. at such a day, year, and place, to be paid at a day to come, and the Defendant ad tunc & ibidem ratione praemissorum assumes to pay if, etc. this is nought for the contract, and the giving of day to B. ne fuit ad instantiam of the Defendant; but complete before, Pasch. 9 Jac. Ban. Regis. Farmer & Field.  
7. A. promises to pay to B. such Sums of money as B. shall disburse of his own money for cloth to the use of the Defendant, this is a good consideration: by the buying of the cloth the property was in A. forthwith. Trin. 9 Jac. Ban. Regis. Moor & Moor.  
8. A. sold to B. two ways of Barley for as much as he sold to others, the Plaintiff in the Action ought to count, 1. for what he sold to others, 2. ought to give notice of this to B. So if A. promise to B. 20 l. if he marry C. yet B. ought to have notice of the marriage: but a Tailor may have an action for as much as he shall deserve, and is not bound to give notice what he shall deserve, because it is not incertain. Hill. 13 Jac. Ban. Regis. Hall & Heminge.  

Vendee.  1. Against a Seller of corn to be delivered at a certain day, and dotht no, 21 Hen. 6. 55. 20 Hen. 7. 9 28 Hen. 8. Dyer. 22. pl. 138. & fol. 113. pl. 55. Coke. 4. part. Slades' case. 94. B.  
2. For delivering good and merchantable corn and doth not, 6 Edw. 2. 6. Dyer. 75. pl. 23. Lib. Intra. 4. B. Sect. 2.   

The judgement.  
For not delivering of grain yearly, quaere if the Plaintiff shall recover damage as well pro tempore futuro quam pro praeterito. 3 Mariae. Dyer. 113. pl. 56.  
Administratrix promises to pay a debt, etc. then the judgement against him shall be general, & praedictus P. & M. uxor ejus in misericordia. Coke. 9 part. 93. Banies' case. No. Lib. Intra. 2. C. Sect. 3.  
But upon plea that the Testator did not assume shall be for costs and damages de bonis propriis if the Testator had not sufficient. No. Lib. Intra. 1. B. Sect. 1.   

The Writ.  
Upon assumpsit by the Husband and Wife made to the wife dum sola fuit, the Writ said, ad dampnum ipsorum; for the husband shall have the damages, ideoque fuit ad dampnum ipsorum. Hill. 9 Jac. Ban. Regis. Wolverton and his Wife against Day.   

For not doing a thing which ought to be done by Agreement touching the body.  

Barber.  1. Against a Barber that takes upon him to raze the beard and doth it with an unwholesome Razor, Lib. Intra. 2. C. Sect. 1.  

Physician, or Chirurgeon.  2. Against a Physician or Chirurgeon for not curing a malady, or not applying medicine, 14 Hen. 6. 18. 43 Edw. 3. 33. 21 Hen. 6. 55. 48 Edw. 3. 6. pl. 11. Regist orig. 105. B. 112. A.  
3. For advising his patient to apply a certain medicine to cure him, and it did not, 19 Hen. 6. 49.  
For commanding his servant to apply a medicine and he doth it not, 11 Edw. 4. 6.  
4. For applying a medicine that impairs the Mayheme 11 Rich. Action upon the case 37. 11 Hen. 6. 18. pl. 10. 21 Hen. 6. 55. B.  
But note in all these cases he ought to take upon him the Cure, 19 Hen. 6. 49. 48 Edw. 3. 6.   

The Writ.  
The Writ ought to show the place where he took upon him the cure, 48 Edw. 3. 36.  
If A. promise to cure me in London, and apply unwholesome medicine in Middlesex, the action shall be in Middlesex, because there was the wrong. 11 Rich. 2. Action upon the case 37.   


Assumpsit.  For not doing of a thing which ought to be done by Agreement of the parties touching Suits in Law.  

Clarke.  Against a Clerk that promises to enrol a Jury and doth it not, 34 Hen. 6. 4.  

Sergeant. Counsellor.  Against a Sergeant or Counsellor that promises to plead, and doth it not, 14 Hen. 6. 18.   

For not doing of a thing where a man is bound to do it in one manner, and he doth it in another.  

Plough my land.  Against him that promises to plough my land, and doth it in unseasonable time. 14 Hen, 6. 18. 3 Hen. 6. 36.  

Attorney.  Against an Attorney that takes an obligation in his own name, when it should have been in mine, 20 Hen. 6. 25,  

Carpenter.  Against a Carpenter that undertakes to build a house in such a form, and builds it in another, Nat. br. 145. G. 2 Hen. 4. 9 21 Hen. 7. 41. 20 Hen. 6. 35.  

Cranage.  Against him that hath a Crane, and spoils my Merchandise. Lib. intra. 3. C. Sect. 1.  

Farrier.  Against a Farrier that takes upon him to cure my horse, and applies unwholesome medicine, etc. 19 Hen. 6. 49.  
For pricking my horse, 46 Edw. 3. 2, 3. 10. Nat. br. 94 D. 18 Edw. 3. 6. pl. 11. for it is the duty of an Artificer to do his office well and truly.  

Lyccence. Mispleader.  For misusing a Licence, 21 Edw. 4. 76.  
Against a Sergeant at Law that is retained to plead, and mispleads, 14 Hen. 6. 18.   

For negligent suffering of a thing to be done to the Damage of another.  

Borrowed  A. borrowed a horse of me which dies suddenly, an Action lies not, 40 Edw. 3. 6.  
But if the thing be used in other manner than it was lent, and dies, an action lies, Doct. & stud. 29.  
But if it be but in the same manner that it was lent, and dies, no action lies, Doct. & stud. 29.  
A. borrowed a horse, and a house fell upon him; there if the house fell upon him being feeble, action lies, otherwise not, Doct. & Stud. 128.  

Burning a house.  Against him that keeps not well his fire, by which my house is burned being adjoining, 2 Hen. 4. 18. 8 Edw. 4. 19 pl. 30. Choke.  
Although his own house be burned, 33 Hen. 6. 1. Lib. intra. 8. A. Sect. 1.  
3. It lies although his servant do it: but not if a stranger do it of malice, 33 Hen. 6. 1. 2 Hen. 4. 18. Doct. & Stud. 137.  
4. If a servant bring fire in the street and burn a house of his Masters, he is not chargeable.  
5. It lies not if it be burned suddenly, and the cause not known. 42. Assiz. 8. 2 Hen. 4. 18.   

Bar.  
That it was not burnt in default of good custody of the fire of the Defendant, Lib. Intr. 8. A. Sect. 1.  
But by 28 Hen. 6. 7. this is but a negative pregnant.  
That he guarded his fire well, absque ho that he guarded it negligently, Lib. Intra. 8. B. Sect. 2.  

Bayly.  Against a Bailie of Cloth, that suffers it to be consumed with moths, 27 Hen. 8. 25. 13 Hen. 7. 1. 18 Edw. 3. 23.  
Against a Bailiff of a horse that suffers him to perish, 12 Edw. 4. 13. 26 Hen. 8. br. Action upon the case 103. Lib. Intra. 3. B. Sect. 1. Regist. orig. 107. A.  
For losing a Release, 34 Hen. 6. 4.  
So of a box, Lib. intra. 9 A. Sect. 1.  

Dog.  Against him that suffers his dog to bite my sheep, 28 Hen. 8. Dyer. 25. pl. 102. & fol. 29. pl. 195. 28 Hen. 6. 7. pl. 7. Lib. Intra. 616. B. Sect. 1. Regist. orig. 110. B.  
But then the master ought to know that he would bite them, ibidem.  
But sciens is not traversable: but may be given in evidence, Coke 44. part. 188.  
If the owner of the dog brings him to the master of the sheep to do justice upon him, It lies not, 7 Edw. 3. bar 290.  
The Plaintiff declares that the Defendant was possessed of a dog 8ᵒ Octobris 7ᵒ Jac. using to bite, etc. and that the dog 12. October in the same year did bite his Lambs, etc. this is not good; for he ought to have shown that he continued his dog at the time of the biting; for it shall not be presumed that he continued it without showing it, Pasch. 9 Jac. ban. Regis. Louder versus Sounds, 21 Edw. 4. 22. 15 Eliz. Dyer. 320.  
4. For suffering his dog to bite my servant, Regist. orig. 111. A.  
5. For hurting of an ox, Regist. orig. 111. A.  
6. For hurting of a horse after warning given, Regist. orig. 106. A.  

Escape.  1. Against a Warden of the Fleet that suffers one to escape, that was taken upon a Capias ad computandum, 15 Edw. 4. 19 Lib. intra. 8. C. Sect. 1.  
2. Against a Shrieve that suffers one to escape that was taken upon a Statute Merchant, Regist. orig. 98. B. Nat. br. 93. A. the Writ there.  

Innkeeper  Against an Innkeeper that suffers the goods of his guests to be stole, Coke. 4. part. 32. Calyes case. Nat. 94. B. Regist. orig. 104. A. 105. A. 22 Hen. 6. 21. 42. Assiz. 17.  
1. But note, 1. this aught to be a common Inn and shall be showed in the Count, but not in the Writ, 11 Hen. 4. 45. 22 Hen. 6. 21. pl. 38. Coke. 8. part. 32. Calyes case. Dyer. 206. pl. 9 2 Hen. 4.  
2. It ought to be a Traveller that lodges there, otherwise the action lies not, Coke. 8. part. 32. Calyes case.  
3. He shall show nothing but this that it was within his Inn; for if ●e puts his horse to pasture of his own accord, unless the Innkeeper request him, it lies not, Coke. 8. part. 32. A. Calyes case.  
4. He ought safely to keep the goods within his Inn, 42 Assiz. 17. for it is no excuse that he delivered the key to the Guest, 42 Edw. 3. 11. pl. 13. 11 Hen. 4. 45. 22 Hen. 6. 38. or that the Guest did not acquaint him with his 42 Edw. 3. 11.  
Or that he knew not the Felons, 22 Hen. 6. 38. A.  
But if the Companion or servant, or any other that the Guest desires to lie with him rob him, the Innkeeper shall not be accountable, Coke. 8. part. 33. A. Calyes case, 22 Hen. 6. 38. B. 22 Hen. 6. 22. A.  
Or if he say his house is full, and the other says he will make a shift, and be robbed, 5 Mariae. Dyer. 158. pl. 32.  
Or if he command him to put his goods in such a place, and he will not, but suffer them to lie in the open court, 10 Eliz. Dyer. 266. pl. 9  
And although the Writ is but bona & catalla yet Evidences and all other deeds are included: the Writ in this case shall be general, but the Count special, Coke. 8. part. 33. Calyes case.  
But an Innkeeper shall not be accountable for wrong done to the person of his Guest, Coke. 8. part. 33. A & B. Calyes case.  

Servant.  1. Against a shepherd that suffers my sheep to be drowned, 2 Hen. 7. 11. pl. 9 Coke. 5. part. 13. B. Salops case. 12 Edw. 3. 4. 13. Dyer. 121. pl. 17.  
2. Against a Ploughman that suffers my corn to be spoilt, 7 Hen. 4. 14.   


Deceit in Bargains.  For Deceit in bargains and agreements with Warranty.  
1. The Warranty is the cause of an action in case of vendition, as well as of corruption, 19 Hen. 6. 9  
2. And the Warranty ought to be at the time of the sale, 15 Hen. 7. 41. Nat. br. 98. L. and not afterwards, 6 Edw. 6. Dyer. 75. pl. 28.  
3. It ought to be by the owner of the thing and not by a stranger; and upon the sale by the owner, and not by a Servant, 11 Edw. 4. 6.  
It is not material whether the price be paid or not, for debt lies for it, 9 Hen. 7. 21. pl. 2.  

Horse.  Against the Seller of a horse that is sick and is warranted sound, Nat. br. 94. C. 7 Rich. 2. 42. Regist. orig. 108. A. Lib. intr. 9 b. sect. 1.  
Or a lame horse warranting sound, ●1 Hen. 6. 11. Statham.  
A strained horse it lies not, because the buyer hath the view, 13 Hen. 4. 1. pl. 4. Hankford.  

Cloth.  Against a Seller of cloth, that warrants it well fulled when it is raw, 11 Hen. 6. 221.  
Against him that warrants it of such a length, and this upon sale and warranty of the servant, it lies against the Master, 11 Edw. 4. 6. for it lies not against the servant, ibidem.  

Grain.  Against him that sells grain and warrants it to be good, Lib. intra. 9 B. Sect. 1. Regist. orig. 111. A.  

Herring.  Against him that warrants herrings, Regist. orig. 96. A.  

Saphire.  Against him that sells a Saphire instead of a Diamond, Kitchen 174.  

Wood  Against a Seller of wood, and shows part, and warrants the rest to be good, 14 Hen. 6. 22. pl. 66.  

Wine.  Against a Seller of corrupt wine with warranty, Nat. br. 94. C. 9 Hen. 6. 35. 7 Hen. 4. 14. pl. 19  
The servant sold it by covin of the Master, action lies against the Master, 9 Hen. 6. 53. pl. 37.   

For Deceits in Bargains and agreements, without Warranty.  

Deceit in bargains.  1. Against him that sells a horse not sound knowing him to be so without warranty, 20 Hen. 6. 34. 13 Hen. 4. 2. Kitchen 174.  

Horse.  For selling an horse to another that was not his own, 42 Assiz. 8. Coke 4. part. 18. B. 
Cloth.   
For selling cloth that is nought, knowing it to be so without warranty, 21 Hen. 7. 91. pl. 16. Crook.  

Gum.  Against him that promises to deliver good Gum, and doth not, Mich. 7. Jac. ban. Regis. Weston & deighton.  

Wine.  Against him that sells wine mixed with water, Nat. br. 88 F.  

Victual.  For uttering Corrupt victual knowing it to be so, 19 Hen. 6. 53. 22 Hen. 7. 91. pl. 16. Crook. 11 Edw. 4. 6. B. Brian & Neal.  

Wax.  Against him that sells good wax, and delivers ill, 6 Edw. 6. Dyer 75. pl. 18.    

Trover and Conversion.  


Trover.  
Quid et Quotuplex.   In deed 1. Delivery as to persons unknown 33 Hen. 8. Br. action upon the case. 109. Trover for a Hawk with bells reclaimed and sold knowing, it to be the plaintiffs, 14 Eliz. Dyer. 306 pl. 66. In Law Sold as to persons unknown, Lib. intra. 5. A. sect. 1. 2. Wasting, 34 Hen. 8. br. Action upon the case. 103.  3. Denial to redeliver, A. brought an action for Plate and Jewels. And shows that upon request, the defendant refused to deliver them, this is good evidence to a Jury, but to find it at Large is not a sufficient conversion, Coke. 10. part. 46. B. Oxford's case. Hill. 12. Jac. Ban. Regis. Isaac et Clarke. per 3. Justices, 33 Hen. 6. 27. for the count is in usum suum proprium conversit et disposuit, but a nude denial is not a Conversion.   


Money.  But if it be for money out of a bag than it is a good Conversion because it cannot be known, Pasch. 14 Eliz. in Le chequer.  
Note if the plaintiff have not property in the things it Lies not, 20 Hen. 7. B. pl. 18.  

Note.  1. Pasch. 43 Eliz. Bushopps case, was a doubt, if A. taketh goods to the use of B. and afterwards B. agree, quaere if such action lies against B. quia A. divests the property by the taking.  
2. The count aught to show the place of conversion, Mich. 26. 27 Eliz. Ban. Regis. Stranhams case.  
So the day of the Conversion. Hill. 7. Jac. Ban. Regis.  
If the count be of Trover and the Jury find upon bailment yet good for the Conversion is the point of action, Hill. 12. Jac. Ban. Regis. Isaac et Clark.  

Of what things it lies.  

Money.  1. It lies for money out of a purse upon special matter, that he lost it and the other found it, Trin 43 Eliz. Com. Ban. Hall et Wood Pasch. 24 Eliz in the Exchequer.  
2. The Mr. delivers Corn to the servant to sell, and brings his action for the money and good, 1. the possession of the servant is the possession of the Mr. 2. it lies of money. Mich. 4. et 41. of Eliz. Ban. Regis. Holliday et Higges. 
Sheep.   
It lies for 20 Sheep, Book. 5. part. 109. Foxleys' case. 
Chain-door.   
It lies for a Chain-door found and sold, 3. Mariae Dyer. 121. pl. 14. 
Horse.   
It lies of a Horse.  
But it is no plea that a person unknown stole them, and left them, & waiviavit, without showing the circumstances, Coke. 5. part. Foxleyes' case 109. A. but if he had said, quidam ignotus waiviavit them, without saying any more, this is good; for the circumstances shall be intended; for waiviavit est vocabulum artis, Mich. 15. Jac. Ban. Regis. Leader & Paschall.  
1. Traverse the sale is good, 3 Mariae. Dyer. 121. pl. 16.  
2. That he distrained them for a Rent, charge absque hoc, that he converted them, this is nought; for it is no conversion at all, ideoque it amounts to the general issue, Mich. 9 Jac. Ban. Regis. Davies & Knap.  
That he is a horse-breaker and delivered it for him, etc. Absque hoc, etc. this amounts to the general issue, Mich. 9 Jac. ban. Regis. Lovelace & Martin.  

Deeds.  Husband and wife shall have this action for a deed by which an Annuity was granted to the wife; for the wife should have it if she survive the husband, Trin. 40. Eliz. Com. ban. Russel & Catesby.  

Frument & grain.  It lies for twenty Pooks of corn, Trin. 38 Eliz. Com. ban. Price versus Sr. Walter Sands.  
It lies of four bushels of wheat, Trin. 12 Jac. ban. Regis. Hill & Hawkes.  
The Defendant shows prescription in the Bailiff of L. to elect a Bellman which ought to repair the street of the market place, and to cleanse it, and that he shall have of every bushel there brought to sell one pint of wheat, etc. & justifies, etc. this is good, because the custom is doubtful, therefore a good bar: otherwise this plea amounts to the general issue, Trin. 12 Jac. ban. Regis. Hill & Hawks.  

Jewels.  For delivering of jewels, etc. in a box to B. who dies, and they come to C. who breaks the box and converts them, 20 Hen. 7. 4. pl. 13.  
That he did not convert them to his own use a good bar, for the Trover & breaking are but conveyances, 20 Hen. 7. 4. pl. 13. per Fineux.  

Wool.  It lies of 50 l. of wool ad valentiam, etc. for per curiam pondus shall be taken one pound weight, because this weight is more certainly known throughout all the Country, Mich. 9 Jac. ban. Regis. Roe & Loyd.  

Wood  It lies of a 100 load of wood, and 40 Beeches, No. Lib. intra. 41. B. Sect. 33.  

Monkey.  Of three Monkeys, and error brought because that they did not say they were tame, Mich. 9 Jac. in Exchequer chamber. Shackley & Porter.  

Pippins.  It lies of forty measures of Pippins, scil. Bushels, Mich. 9 Jac. in Exchequer. Err. inter Claydon & Taylor.    

Covenant.  
Conventio est quasi Transactio.  
Covenant is either by Common Law 1 Expressed 1. By word 1. Personal touching Chattel Real Personal   2. A Real thing    1. Indented    2. Poll Real 1. Warranty de qua non est hact.  2. By deed 2. Covenant de qua non est hact. be seized to use.   3. Covenant to levy fine  2. Employed 1. Personal   2. Real  Statute Law 31 Edw. 3. cap. 11. Administrator shall have it and be subject to a Covenant. 32. Hen. 8. Cap. 34. Grants against Lessees & e converso.  

1. Court.  
2. Plaintiff.  
3. Defendant.  
4. Things.  
5. Count.  
6. The Writ.  
7. Process.  
8. Bar.  
9 Judgement  
10. Execution.    


In what Court Covenant lies 1. personal 2. Real.  
1. IT lies in the County or Hundred, Nat. br. 145. E.  
2. It lies in any court of the lord Nat. br. 145. E.  
3. In London, Nat. br. 146. A.  
1. marshalsea between 2 of the Household, Coke. 10. part. 74. A. otherwise not.  
2. In the court of the Lord by special grant 44 Edw. 3. 28. pl. 18. et fol. 37. pl. 30. Lib. intra. 296. A. sect. 1. 50. Assiz. pl. 9  
Fine levied in the county Palatine of Lancaster, good, 37 Hen. 8. cap. 19  
In Banco Regis. 36. Hen. 6. 34. A. Fortescue, but it shall be avoided by writ of error,  
In Ancient demeasne quaere per. 6 Edw. 3. 207. pl. 20.  
But the 44 Edw. 3. 37. 50. Assiz. 9 Knivet. it is not good.  
But 22 Hen. 7. 90. B. pl. 14. Crook. a fine may be levied in ancient demeasue. per petty writ of right close.  
In Eire, good, 1 Edw. 3. 10. pl. 34. 8 Edw. 3. 27. 18 Edw. 3. 40. pl. 53.  
In communi banco.  
Before the Justices of the grand sessions in Wales, 34 Hen. 8. cap. 26.  
Who shall have Covenant 1. Personal 2. Real.  
If a man covenant with another to enfeoff him or to serve him, etc. the other shall have covenant, although he do not agree, Nat. br. 145. A.  
But than it ought to be by deed, Regist. orig. 165. B. Nat. br. 145. A. et G. 7 Rich. 2. deeds 160.  
Yet in London a man shall have Covenant without deed per custom. Nat. br. 146. A. 22 Edw. 4. 2. pl. 6. Vavisor. 21 Hen. 6. 10. Covenant, 11.  
Administrator shall have Covenant by the equity of the statute the 31 Edw. 3. cap. 11. Coke. 
Administrator.  9 part. 40. A. Hensloes' case.  
But not before, 19 Edw. 3. covenant, 24.  
Assignee shall have Covenant, where it is made to one and his assigns, Nat. br. 145. C. 
Assignee.  Regist. orig. 165. B.  
Assignee shall have covenant without showing the deed of covenant, Trin. 36 Eliz. Banco Regis. 
Assignee.  Noke versus Ander. But there if the lessee for years by estoppel grant over his term the Assignee shall not have Covenant, because he had nothing in the land, but only an estoppel.  
A. Prior with the assent of his Covent by deed covenants for him and his successors with B. and his heirs that he and his Covent shall sing in the chapel of B. which is parcel of the manor of B. for the Lords of the said manor, the Alliance of B. shall have covenant because it is a service annexed to the Manor, 42 Edw. 3. 3. pl. 14. Coke. 5. part. 17. B. Spencer's case. 45 Edw. 3. 3. 28 Hen. 8. Dyer. 24. pl. 149. 2 Hen. 4. 6. pl. 25.  
But if the service is to be made in the Chapel of the other than the assignee shall not have covenant, because it is annexed to the Manor 2 Hen. 46. pl. 25.  
And so if one covenant with a Tenant by Courtesy to sing in his house although that he surrender and take for years he shall have Covenant, because it was annexed to his estate, 6 Hen. 4. 1. pl. 5.  
Assignee by word shall have covenant, Coke. 3. part. 63. A. Lincoln Colleges case  
Assignee of Assignee shall have covenant, Coke. 5. part. 71. B.  
Assignee of Copercenary shall have covenant against the other parcener to acquit him of the suit, because the covenant goes with the land, Coke. 5. part. 18. A. Spencer's case. 42 Edw. 3. 3.  
Lessor covenants to repair the house the assignee shall have covenant, against him named because this is annexed to the estate, so the husband of the wife termor, tenant per statute Merchant staple and every one that comes to the land Coke. 5. part. 17. Spencer's case.  
So in all cases where it is annexed to the estate Nat. br. 146. C. 48 Edw. 3.  
Assignee of a reversion shall have covenant as well as the Lessor shall have it per 32 Hen. 8. cap. 34. but this is when it concerns the things demised and not collateral covenants Coke. 5. part. 18. A. Spencer's case.  
Assignee of a Reversion for years when the Tenant for years for a greater Term his assignee shall have covenant within, 32 Hen. 8. although the lessor grant over his Term, Trin. 40. Eliz. Ban. Regis. Rot 123. Natures versus Westwood.  
Assignee shall have covenant upon covenant in Law Coke. 4. part. 80. B. 9 Eliz. Dyer. 257. pl. 13.  
Lessee covenants with the Lessor and his heirs to repair the house, the assignee of the lessor shall have covenant, Mich. 9 Jac. Ban. Regis Bestwicke et Wilborne.  

Husband and wife.  Lease for years to the Husband and wife the lessor outs them they may join in covenant because after the death of the husband she shall have the Term if he grant it not over, 47 Edw. 3. 12. pl. 11.  

Corporation.  The Cominalty of D. Covenants with the Mayor and cominalty of L. that they shall be quit of Toll, etc. in D. and after one Burges in D. takes toll of one in L. covenant lies for one corporation against another. 48 Edw. 3. 17. pl. 2.  

Executor.  Executor shall have covenant for covenant made to his testator for a personal thing, Nat. br. 145. D. and orig. Regist. 165. B. Note de conversione pro executoribus non invenitur in Registr. sed pro assignatis tamen potest fieri pro executoribus tam bene quam pro assignatis.  
A. leases to B. for life and dies within 12 years, the executors shall have it until 12 years, etc. B. dies A. outs the executors within 12 years, they shall have covenant, 19 Edw. 3. covenant, 24.  

Executor of an executor.  Executor of an executor shall have covenant by the common law, 19 Edw. 3. covenant 24. pol. Com. 290. Chapman's case. Lib. intra. 134 B. sect. 1.  

Heir.  Heir shall have covenant if the deed be made to him and his heirs, Nat. br. 145. C. 16 Eliz. Dyer. 338. pl. 39 but this was to enfeofe him and his heirs.  
A. enfeofes B. in fee rendering for 8 years one Rose and afterwards 20. B. dies his heir within Age, the Lord recovers the Land by reason of Collusion, the Heir at full age shall have covenant, 18 Edw. 3. covenant 7.  

joint-tenant.  A. covenants with B. and C. and their heirs et eorum utrique to make an estate to the heir of him which first dyes (being percener) the heir of one shall have covenant sole, 16 Eliz. Dyer. 338. pl.  
When any of the covenanters shall have several interests or estates and the covenant is made with them et cum quolibt eorum they shall have several covenants, otherways not, Coke. 5. part. 22. A. Matthewsons' case.  

Lessee.  Lessee for years by deed poll is out by the lessor, he shall have covenant, Nat. br. 145. L. 21 Edw. 4. 30. pl. 25.  
But if a stranger outs him without title he shall not have covenant▪ Nat. br. 145. L. 22 Hen. 9 52. pl. 26.  
Although it be by verdict, Coke. 4, part. 80. B. Nokes case.  
And although the lessor warrant to him during the term, 26 Hen. 8, 3. pl. 11.  
But if a stranger that hath Title, than it lies, Nat. br. 145. 32 Hen. 6. 32. pl. 27. Nedham.  
But Lessee for life shall not have Covenant upon such outing, 26 Hen. 16. covenant 10. Nat. br. 145. M. if the covenant be not expressed.  
But the 13 Edw. 3. fines. 165. per Shared if a Lease be to A. without impeachment of waste and waste be brought against him, A. shall have covenant.  
Tenant for life shall not have the benefit of warranty if he be not in possession, 26 Hen. 8. 3. pl. 11.  
Lessee for years shall have covenant upon a demise and grant, Coke. 4. part. 80. B. Nokes case. et 5. part. 17. A.  
Pasc. 7. Jac. Ban. Regis. Winchcomb et Rigge. A lease made to A. per dedi et concessi, the land is evict for years, A. shall have covenant against the lessor, for judgement was so entered, Mich. 9 Jac. But Williams et Yeluerton said that it was without their privity and Williams said that it lied not,  

Recusant.  Recusant shall not have an action for any thing seized in the King's hands, 1. Jac. cap. 5.  

Successor.  Successor shall have covenant upon a covenant made and broken in the time of his predecessor, 4 Edw. 3. 130. pl. 71.  

Fine.  A covenant to levye a fine the party to whom this covenant is made shall have covenant, Nat. br. 146. F.   


Administrator.  Against whom Covenant lies 1. Personal, 2. Real.  
Administrator is subject to it, 13 Edw. 3. cap. 11. Coke. 9 part. 40. A. Hensloes' case.  

Assignee.  Assignee of a termor shall be liable without naming how the condition of the thing extends to the things in esse parcel of the demise, Coke. 5. part. 16. A. Spencer's case. et fol. 24. Worcester's case.  
This extends to him that comes to the demise by any way, Coke. 5. part. 17. B. Spencer's case.  
So if the covenant extend to a thing to be newly made, if it shall be made upon the demised land, the assignee shall be boumd by express covenant, to the lessee and his assigns, Coke. 5. part. 16. B. Spencer's case. 25. Hen. 8. br. covenant 32. lessee covenants for him and his assigns to repair a house, covenant lies against the lessee, and then against the assignee and no remedy but an audita querela per Brooke.  
A. leases for years to B. and covenants to suffer him to enjoy this, there the assignee of A. is liable not named, 9 Eliz. Dyer. 255. pl. 4.  
When the covenant extends to a thing which had not essence at the time of the demise, the assignee is not liable without naming, Coke. 5. part. 16. B.  
When the demise is of a personal thing the assignee is not liable by express name, Coke. 5. part. 16, et 17.  
If the demise be of Land and a personal thing, the assignee is not bound by express name for the personality, for there can be no privily between the lessee an assignee. Coke. 5. part 16, et 17.  
The statute of 32 Hen. 8. cap. 34. extends to covenants which touch the thing demised, and not to Collateral covenants.  

Executors▪  It lies against executors, Regist. orig. 165. B. Nat. br. 145. H. and this is although they be not named, 28 Hen. 8. Dyer. 14. pl. 69. 45 Edw. 3. 17. pl. 4. 47 Edw. 3. 22. 48 Edw. 3. 2. pl. 4. 9 Eliz. Dyer. 255. pl. 4 for they represent the person of the testator.  
But all the executors ought to be named, 47 Edw. 3. 22. pl. 20.  
Lease to A. Lessor covenants to pay the quit Rents, etc. divers deuce likewise, this is a personal thing and binds not the executor, 2, et 3. Mariae. 114. pl. 6.  

Feme.  Leas to the Husband and wife which covenants to make assurance for the Rent, this binds not the wife because it is Collateral, 45 Edw. 3. 11. pl. 7.  
But if they covenant that they will not assign without his consent there the wife is bound, 18 Hen. 8. Dyer. 13. pl. 66. Shels●y.  

Heir.  Heir shall be bound by covenant of his ancestor if be named, Regist. orig. 165. B.  
And although it be broken by his ancestor, 4 Edw. 3. 130. pl. 71.  
But not if he be not named, 28 Hen. 8. Dyer. 14. pl. 69. 32 Hen. 6. 32. p. 27.  

Infant.  Infant cannot be bound by his covenant to be an apprentice per the common law, but by custom of London he may, 21 Edw. 4. 6. pl. 17.  
But then he shall be of the age of 14 years, 21 Hen. 6. 31.  
But an Infant of 12 years shall be bound by his covenant to serve in husbandry. Nat. br. 168. D. 7 Hen. 4. 5. pl. 29. 9 Hen. 6. 10. pl. 28. 21 Hen. 6. 31. Newton.  
But if he be within 12 years he shall not be bound, 2 Hen. 4. 18. pl. 7. 29 Edw. 3. 27. pl. 29. 41 Edw. 3. 17. pl. 1.  

Lessee.  Lessee covenants to leave the house in good case, it lies not against him tell the end of the Term, Nat. br. 145. K. 12 Edw. 2, covenant 2.  
But if he covenant, sustentare et reparare it lies presently, 45 Eliz. Dyer. 324. pl. 34.  
So if he covenants to leave the wood in good plight, this is void for the impossibility, Coke. 5. part. 21. A. Mains case, 7. part. 15. A. Englefields case. Fitsherbert covenant, 29.  
But if the trees are thrown down by Tempest it lies not, 40 Edw. 3. 6. A. Coke. 1. part. 98. A. Shelleys case.  
But if the house be wasted by enemies or Tempest he ought to repair by reason of the covenant, or build it, 40 Edw. 3. 6. A. Moris. Doct. et Stud. 66. B. 29 Hen. 8. Dyer. 33. pl. 10.  

Lessor.  Lessor is bound by express covenants or covenant in law,  
Against a Lessor if he outs his Termor, Nat. br. 145. L 21 Edw. 4. 30. pl. 25. Coke. 9 part. 80. A. 32 Hen. 6. 32. pl. 27.  

Parson.  Parson leases his glebe and resigns, covenant lies against him, because it is his own act and wrong, 12 Hen. 4. 3.  

Parcener.  Where a Parcener upon partition covenants to sue, the other assigns his estate to B. which covenants against the covenantor and good, Coke. 5. part. 17. B. 42 Edw. 3. 3.  

Pledge.  If one become pledge for another to perform such a Covenant, the Action lies against the pledge, Nat. br. 146. B.  
But then he ought to charge him as principal, 39 Edw. 3. 9 pl. 14.  
Or show that the Principal is not sufficient, 40 Edw. 3. 5. Covenant 16.  

Successor.  It lies against a Successor, Lib. intr. 136. B. Sect. 2.  

Deed.  It lies against him that should make a Deed, Nat. br. 146. ●.   

For what things Covenant lies. 1. Personal. 2. Real.  

Guardian in Soccage.  Guardian in Soccage grants the custody to A. which covenants to render Account to the Heir at full age, Covenant lieth for not doing of it, Regist. orig. 165. B. Nat. br. 145. H.  
Covenant lies against him that doth not according to his Covenant in deed, Nat. br. 145. A.  
But if it be not by deed it lies not, Regist. orig. 165. B. Nat. br. 145. A & G. 7 Rich. 2. deeds 160. Nat. br. 168. F. 14 Hen. 4. 26.  
Unless it be in London by Custom. Nat. br. 146. A. 22 Edw. 4. 2. pl. 6. Vavisor. 27 Hen. 6. 10. Covenant 11.  

Patent.  Doctor Hector had a Patent that none should bring over Spanish wool but him, etc. he by his indenture grants this to another, which by the same indenture covenants to pay yearly 100 l. with this proviso, that if he pay not the indenture to be void, yet Covenant lies for this that it was due before, Mich. 9 Eliz. Ban. Regis. Doctor Hector's case.  

Mill.  A. gives a Mill to B, etc. that nec ego, nec haeredes mei construemur molendinum, ni, etc. Covenant lies against the Heir, if he or his father erect a Mill, 4 Edw. 3. 130. pl. 71.  

Termor.  Termor deviseth to his wife during her widowhood, the remainder to C. and dies. Lessor sells the Fee to the wife, & covenants that he should discharge all former Titles, etc. she marries C. in the mean time, Covenant lies against the Bargainor, Coke 10. part. 52. Lampels case.  

Lease.  A. leases to B. for years, if C. lives so long, and covenants that he had power to do it, C. being dead at the time Covenant lies, if A. had not a good estate in it, Coke. 9 part. 60. bradshaw's case.  
A. leases to B. for years' lands, in which C. had a Coppie-hold estate, and covenants that the Lessor suffers him quietly to hold the same, without trouble either of the Lessor or any other. B. enters, C. outs him, Covenant lies not, because all the sequel depends upon this word, [suffer] the which extends only to the Lessor and his Executors and Assigns, 9 Eliz. Dyer 255. pl. 4.  
A. leases to B. for years, and covenants, quod pacifice gauderet, etc. sine interruptione alicujus, Covenant lies if any interrupt them, 16 Eliz. Dyer. 328. pl. 8.  
Lessor covenants, that the Lessee shall quietly and peaceably have, etc. without the disturbance or hindrance of the Lessor, the Lessor sues the Lessee in Chancery, and supposes that the Lease was only made to try a Title, an Action of covenant lies not for such breach, Trin. 11 Jac. come. Ban. Rot 384. Selby versus Shute.  

Lessee.  Lessee by deed Poll shall have a Covenant against the Lessor, if he out him, Nat. br. 145. L. 35 Hen. 8. Dyer▪ 57 pl. 24. Shelley.  
But not upon outing by a stranger without Title, Nat. br. 145. L. 22 Hen. 6. 52. pl. 26. Hill. 12 Jac. Com. Ban. Tisdale & Essex.  
Although it be by Recovery, by Verdict, Coke. 4. part. 80. B. Nokes case.  
But if a stranger hath title, than it lies, Nat. br. 145. L. 32 Hen. 6. 32. pl. 27. Nedham.  
But Tenant for life shall not have covenant for such outing, Nat. br. 145. M. 26 Hen. 6. Covenant 10.  
If it be not expressed, Nat. br. 145. M.  
Lessee for years shall have Covenant upon a demise and grant, Coke. 4. part. 80. B. Nokes case. 5. part. A. Spencer's case.  
Lease for years with warranty, the Lessee outed shall have Covenant, 26 Hen. 8. 3. pl. 13. by all. 9 Eliz. Dyer. 257. pl. 13.  
Tenant for an another's life leases for years with warranty, he that hath the life dies, the first Lessor enters, Covenant lies, 32 Hen. 6. 32. pl. 27. 9 Eliz. Dyer. 257. pl. 13.  
But if it be without warranty it lies not, 9 Eliz. Dyer. 257. pl. 13.  
A. covenants to serve B. for years, and dies, no action lies, 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 harmless the Less, concerning the lands and profits for one year against Blunt, Blunt enters within the year, Covenant lies because it is expressed against a certain person.  
Lessee covenants that he will not assign his Term over, by which it may come to D. the Lessee assigns it to K. per curiam, Covenant lies, for he hath put the power out of him, Trin. 13. Jac. come. 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 Bar is not good, Mich. 7 Jac. ban. Regis. Wyrdnam versus Faukner. 2 Mariae 117. pl. 78.  

Count.  Prior and covent Lease to 2 for years with warranty, per Indenture, rendering rend, one dies after possession the other survives, and was sole possessed, the prior dies, the defendant fuit electus et praefectus et tali die expulsus et ejectus, the survivor and so the defendant did not hold covenant made between the late Prior and the said survivor, Lib. intra. 135. D. sect. 2.  
Count upon covenants to make a new lease, Com. 2. Chapman's case.  
A. leases to B. for 6 years, if C. live so long, and covenants that he had power to demise it, etc. B. in covenant needs not count that C. was in life, for if he were dead at the time of the demise, than covenant lies, 2 he need not show 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 general, that he hath broken covenants, between them, to the damage, etc. 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 show 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 Rend, the lessee covenants and is expulsed by him in remainder, 1 he ought to count that he was possessed, 2 he ought to show the estate for life and the remainder certain, 9 Eliz. Dyer. 257. pl. 13.   

Writ in covenant 1 Personal, 2 Real.  

In Comitatu.  Rex, etc. justicies A. quod. teneant B. conventionem inter eos factam, de quibusdam defectibus, in Mannerio ipsius B. de N. existentibus sumptibus ipsius A. competenter emendand. si●ut, etc. ne amplius, etc. Regist. orig 167. A.  

In Banco.  Rex, etc. praecipe A. de B. quod just, etc. teneat W. conventionem. inter eos factam de viginti acris terrae in K. frumento et alio blado competenti seminandum et de bladis et terris predict▪ cresentibus metend. et ad domus ipsius W. sumptibus ejusdem A. in eadem villa cariandis, et nisi fecerit, etc. 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 unless 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, etc. 9 Eliz. Dyer. 257. pl. 13.  
The writ aught 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.  

Covenant personal.  1. By the Common Law the process was but a distress infinite, 22 Hen. 6. 13. Br. exigend. 29. 48 Edw. 3. 29. pl. 15.  
2. The parties appear, and day given over▪ (salvis partibus, etc.) the Defendant makes default at the day, a distress was awarded against him, Lib. Intra. 134. B. Sect. 1.  

Covenant Re●ll.  Non fit breve de Attachiamento, quia oporteat quod partes compareant personaliter in Curia, Regist. orig. 165 A.   

The Bar in Covenant, 1. Personal. 2. Real.  

Accord.  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 void, 14 Eliz. cap. 11. Rastal, Leases. 244. D. 23 Eliz. Dyer 372. pl. 11. this is after the Parson is absent forty days in the year and not otherwise.  

Disturbance.  A. covenants to gather the rents in D. and he pleads that he was interrupted by the Plaintiff a good Bar, Crook 13 Hen. 7. 34. pl. 2.  
Lessee covenants to surrender▪ before the term ends, and a stranger that hath right enters upon the Lessee, this is a discharge because the Lessee is disabled, Hill. 41. Eliz. come. Ban. Andrews versus Nedham, 45 Edw. 3. 48.  

Performance.  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 Bar to traverse the possssion of the Plaintiff without particular cause showing, 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 surrendered to the Lord by his procurement, if he shows 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.  Release is no Bar before the covenant is broken, Coke 4. part. 71. Horse case. 5 Eliz. Dyer. 217. pl. 2. Coke. 1. part. 99 A. Shellyes case.  
If it be not by express 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.  

Personal.  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 year be past it was an Action of debt, Coke 3. 12. A.  
Unless the Process were continued, 33 Hen. 6. 49. pl. 33.  
By Westm. 2. cap. 45. a scire facias was given after the year, Coke. 3. part. 12. A.  
And per Westm. 2. cap. 18. Elegit is given, Coke. 3. part. 12. A.  
By the 23 Hen. 8. cap. 14. Capias ad exigend. fuit given in Process, and by consequence a Capias ad satisfaciendum in execution.  

Real.  By the Common Law it was but a Writ de fine facto, which was but a Writ of Covenant, 43 Edw. 3. 12. B. Belknap. Glanvil. Lib. 8. cap. 4. vide the Writ there.  
But entry was congeable to execute it, 8 Edw. 3. 277. 24. Edw. 3. 40. pl. 49. Coke 7. part. 32.  

Fine.  If land be tailed to one by fine, he shall have a Formedon in Remainder, 6 Edw. 3. 185. pl. 9 Harle.  
But when the King levies a fine, he ought to make Letters patents to the Conusee to enter, Coke. 7. part. 32.  
Fine levied of an Advowson, this may be executed by quare impedit, 24 Edw. 3. 69. pl. 78.  
But if usurpation be no scire facias, 33 Edw. 3. Quare impedit 193. Knivet.  
Fine levied of Services, there shall be a per quae servitia, 29 Edw. 3. 46. pl. 9  
Fine levied of Rent, there may be a Writ of Covenant, 22 Edw. 4. 2. pl. 6.  
Tenant grants to do his services, there shall be but a Distress, to Edw. 3. 371. pl. 3.  
Fine levied of a Reversion, there shall be a quid juris clamat to execute this.  
And if the Tenant alien, yet the Writ shall be against him, and his Assignee shall be bound by his Attornment, 8 Hen. 6. 17. B. 18 Hen. 6. 3. B. pl. 2.  
Conusor dies, there shall be no quid juris clamat, but if the Conusee only die, quaere if his Heir shall have the Writ. 34 Hen. 6▪ 7. B. Moyle.  
Fine levied before memory, there shall be no Execution, 1 Edw. 4. 6. pl. 13.  
By Westm. 2. cap. 44. Scire facias is given after the year; but within the year such execution as in other judgements.    

Detinue.  
1. Quid 2. Quotuplex.  
Detinue is either by Common Law. 1. Upon bailment 1. To the Defendant himself 1. Of chattels Personal 1. Alive.  2. To another.  2. Dead. 2. Upon a Devenerunt. 1. General. 2. Of deeds 1. Certain Chattels.  2. Incertain in a Bag. 2. Upon Trover. Box.  Chest.    1. Sealed.    2. Unsealed. Reals. Statute Law. Westm. 2. cap. 2. Against a Sheriff and the Avowant. 27 Hen. 8. cap. 7. Against Foresters in Wales. 2 & 3 Mariae cap. 7. For the owner of a Horse stole and sold, not according to the Statute.  

1. Court.  
2. Plaintiff.  
3. Defendant.  
4. Thing.  
5. The Count  
6. The Writ.  
7. The Process.  
8. The Garnishment.  
9 Enterpleader.  
10. Bar.  
11. Judgement.  
12. Execution.    


In what Court Detinue lies 1. of Chattels. 2. of deeds for Land.  

In Comitatu.  1. It lies in the County, Nat. br. 138. B.  
In any other Court, Nat. br. 138. C.  
In Common Bank, Nat. br. 138. B.  
It lies not in the marshalsea, Coke. 10. part. 76. A. 72. A. marshalsea.  
2. In the County Court, Nat. br. 138. B. Regist. orig. 159. B.  
It lies not in any court without a writ and if it be sued a Prohibition lies, Nat. br. 138. C. Regist. orig. 159. B.   


Avowant.  Who shall have a detinue 1. of Chattles, 2. of deeds.  
Avowant shall have a Detinue against a Shrieve upon a return. Habend. where he returns quod Averia elongata sunt, per Westm. 2. cap. 2. 9 Hen. 6. 42.  
But this shall not be until it be returned quod plegii nihil habent nec sunt inventi.  

Husband.  Goods taken out of the possession of the wife which marries, and dies, the Husband shall not have a Detinue unless his wife make him executor, 38 Hen. 6. 26. pl. 38. 
Executor.   
Executor shall have a Detinue.  

Woman.  A Woman shall have a detinue after divorce for the goods given in marriage with her, Nat. br. 139. M. 16 Hen. 8. 7. pl. 1. 28 Hen. 8. Dyer. 13. pl. 61.  
But the 13 Hen. 3. prohibition 21. the wife may sue for them in Court Christian.  
A woman shall have a Detinue for a rationabile parte bonorum, where the Custom gives such part, Nat. br. 122. L.  

Heir.  The Heir shall have a Detinue upon bailment to rebayl to him and his Heirs, although it be but a Chattel, 15 Edw. 3. 159. pl. 24.  
Custom that the Heir shall have the principal goods, he shall have a Detinue for them, 30 Edw. 3. 2. pl. 9 29 Edw. 3. 6. pl. 24.  
And so the Heir of a Coppy-holder shall have a Detinue for the Copy before Admittance, Coke. 4. part. 22. B. 3.  

Lessor.  A. leases a house with implements to B. for years, A. shall have a Detinue for implements at the end of the Term, although they are wasted, 20 Hen. 6. 16. pl. 2.  

Proprietor  The Plaintiff in a Replegiare shall not have a Detinue for cattle taken in Withernam, 6 Hen. 7. 8. B. 2 Hen. 4. 9 Br. Debt 51.  
Because he that brings a Detinue ought to have property, 6 Hen. 7. 9 Nat. br 138. 2 Hen 4. 9  
In a Repleg. the Avowant returns irreplevisable yet if the Plaintiff tender amends he shall have a Detinue, Coke. 8. part. 147. A.  
For he which returns irreplevisable had not property in them, 10. Eliz. Dyer. 280. pl. 14.  
Quaere if the Avowant after appearance claims property shall have a Detinue for the goods taken in Withernam, 11 Hen. 4. 10. pl. 21.  
If a Horse be Stole and sold in a Market over and be not tolled for according to the statute, 2 & 3 Mariae. cap. 7. the owner shall have Detinue by the same statute.  
In Wales if Cattle or goods be stole and sold in a Fair or Market there the property is not altered therefore the owner shall have a Detinue, 34 Hen. 8. cap. 26.  

King.  The King shall have a Detinue for Cattle of an Outlawed person, 4 Hen. 7. 17. pl. 3. bre. outlary 41.  

Lord.  The Lord shall have a Detinue for a heriot Custom if it be taken after seizure because he had the property before seizure, 13 Edw. 3. Br. Harriot Trin. 9 Jac. Ban. Regis Cress' case. per Curiam in a Prohibition, vide 10 Hen. 4. 4 Hen. 6.  
But the 14 Edw. 3. Barr. 277. (Wilby.) a man shall not have an Action for a Harriot.  

Use.  If a thing be delivered to A. to deliver to B. yet B. shall have a Detinue, 18 Hen. 6. 9 A. Newton.  

Husband and wife.  Husband and wife join in Detinue for a deed of lands 38 Hen. 6. 25. Lib. intra. 209. D. sect. 3. et fol. 217. A. sect. 2.  
But this is when the Defendant comes not to the Lands by bailment, for if the Husband Bail them he shall have it alone, ibidem. 8 Edw. 4. 15. 38 Hen. 6. 25. A.  
Vide tamen. Lib. Intra. 217. A. sect. 2.  
If Baylement be before coverture they ought to join, 21 Hen. 7. 29. But upon Baylement during the Coverture the Husband sole shall have a Detinue, 8 Edw. 4. 16.  

Donor.  The Donor shall have a Detinue for the Indenture after the death of the Donee without Issue, Nat. br. 138. F.  

Estranger  An Estranger shall not have a Detinue for deeds unless he make title to the Land but upon request he shall have an Action upon the case, 33 Hen. 6. 26. pl. 12. Prisot.  

Feoffee.  If one have deeds and some concern warranty some not and enfeoff B. with warranty B. shall not have a Detinue for the deeds which serve to deraigne the warranty per amount, Coke. 1. part. 2. Buckehursts case. 44 Edw. 3. 11. B.  
Neither is it material for to maintain the title, Coke. 1. part. 1. Buckehursts case. But they shall have them which concern the possession only, ibidem.  
But if a Feoffment be made without warranty the Feofee shall have a Detinue for all, Coke. 1. part. 1. Buckhursts case.  
Unless it be per dedi then it is express warranty during the life of the Feoffor, per statutum de Bigamis, cap. 6. Coke. 1. part. Buckehursts case. 1.  
But note that in all these Cases the Feoffee shall have Detinue for them against a stranger that cannot entitle himself by the Feoffor, Nat. br. 138. G. Coke. 1. part. 2. A. 7 Edw. 4. 26.  
And Note if the thing which lies in grant as a Lordship, rent, Advouson, etc. be granted to A. with warranty, which grants it to B. with warranty, B. shall have a Detinue for the ancient deed, because he cannot make a title without the ancient deed, Coke. 1. part. 1. B. Buckhursts case.  
So in all other Cases, the Feoffee shall have a Detinue for every deed which concerns the making of his estate good, Nat. br. 138. K.  

Note.  Note if A. Bail deeds of Land to B. to rebayle them to him and his heirs, and afterwards enfeoff C. in Fee yet C. shall not have a Detinue against B. for it is a charge to A. per cause of Baylement. Crook. 18. Hen. 7. 48. pl. 3.  

Feoffor.  If one enfeoff another with warranty, the Feoffor shall have the ancient deeds, which contain the warranty, or which are material for the maintenance of the title, Coke. 1. part. 1. B. Buckehursts case.  
If A. grant a thing that lies in grant to B. with warranty, B. shall have a Detinue for the ancient deed because this makes his title, Coke. 1. part. 1. B.  
A. enfeoffs B. per dedi, A. shall have the ancient deed, which Compredends the warranty because dedi makes an express warranty, Coke. 1. part. 2. B.  
A. makes a deed of Feoffment, and delivers this upon condition if the condition be not performed he shall have a Detinue, 37 Hen. 6. 37. B. 
Heir. general.   
The heir general shall have the ancient deeds comprehending warranty, or necessary, for the maintenance of the title, where the Feoffor obliges him and his heirs to warranty, Coke. part. 1. B. Buckehursts case. Nat. br. 138. L.  
Feoffment per dedi the heir of the feoffee shall not have the ancient deeds because he is not bound to warranty, Coke. 1. part. 2. B. Buckehursts case.  
The heir of the disseisee shall have a Detinue for the deeds, Nat. br. 138. L.  

Heir special.  The Heir in Tail shall have a Detinue against the discontinuee, for the deed of Tail, Nat. br. 138. H. 9 Edw. 4. 52. pl. 15.  
And although there be a warranty in the Feoffer by his father, 9 Hen. 6. 15. pl. 5. 4 Hen. 7. 10. pl. 4.  

joint-tenant.  One Joyntenant sole delivers the deed to redeliver, he alone shall have a Detinue per cause of bailment, 13 Rich. 2. br●. 648.  

Joyn-renant surviv●r.  A. enfeoffs B. and C. and the heirs of B. and delivers all the deeds to B. which dies, C. shall have a Detinue for the deed of Feoffment, but not for the other deeds, 34 Hen. 6. 1. A. 〈◊〉 1. part. 2. A. Nat. br. 138. F.  
If A. makes a Release to B. and C. and this delivers to B. which dies C. shall not have it ibidem.  
But if A. and B. join per defeasible title, and make a Release to them, the survivor shall have it, 34 Hen. 6. 1. per the Report Coke. 1. part. 2. A.  
Feoffment to two in Fee the survivor shall have all the deeds, Coke. 1. part. 2. B. Buckehursts case.  
If deeds concern more Lands if the tertenant of any part happen upon the deed he may detain it because he hath Interest, 4 Hen. 7. 10. pl. 4. 2 Eliz. Dyer. 183. pl. 57  

Recusant.  Recusant shall not have an Action for any thing seized into the hands of the King, 3. Jac. cap. 5.  

Remainder.  22 Hen. 6. 1. A Tenant for life dies, he in the Remainder shall have Detinue for the Deed, 9 Hen. 6. 54. pl. 39  
But if the Donor release to the Tenant for life, he in the Remainder shall not have a Detinue, 9 Hen. 5. 54. pl. 39  
If Tenant for life die, he in the Remainder of a Copyhold shall have it, Coke 4. part. 22. B.  
Land given to A. for the life of B. the remainder to C. in Fee, B. dies, C. shall have a Detinue against A. without request; because he had Interest in the Deed during the life of B. 33 Hen. 6. 30. B. 35 Hen. 6. 9 A. Moyle.  
But there quaere whether it lies against the Husband when the wife is dead without issue, without request and possession.  

Tertenant.  Tertenant shall have a Detinue for the deeds, Coke 1. part. 2. A.  

Lord.  The Lord by Escheat shall have a Detinue, Coke 1. part. 2. A. 10 Edw. 4. 14. 6. Moyle.   


Abbot.  Against whom Detinue lies. 1. Of Chattels. 2. Of Deeds.  
Detinue lies against an Abbot and his Commoigue for a thing delivered to his Commoigue to redeliver, 3 Edw. 3. 83. pl. 32.  

Administrator.  Administrator sold a thing, the Executor proves the Will, he shall have a Detinue against the Vendee of the Administrator, Com. 275. Fox's case.  

Avowant.  Avowant returns irreplevisable, the other tenders amends, and upon refusal shall have a Detinue, Coke. 8. part. 147. A. for the property is in him, 10 Eliz. Dyer. 280. pl. 14.  

Bayly of goods.  Goods delivered to A. to keep, and they are stole, yet Detinue lies against him, Coke 4. part. 83. B. Southcots' case.  
But if he take them to keep, as he would keep his own and they are stole, Detinue lies not, Coke. 4. part. 83.  
Goods delivered to B, to deliver to C. yet C. shall have a Detinue against B. 18 Hen. 6. 9 A. Nat. br. 138. A.  

Husband and wife.  It lies not against Husband and wife supposing they detain, 38 Edw. 3. 1. pl. 1. 13 Rich. 2. Breve 644.  
But of bailment to the Wife, dum sola fuit, and that the Husband did detain, 43 Edw. 3. 18. pl. 1. Lib. Intra. 219. D. Sect. 4.  

Carrier.  Carrier loseth his goods, or are stole, yet Detinue lies against him, Coke. 4. part. 84. A. 2 Hen. 7. 11. B. Townsend.  

Executor.  It lies against an Executor, but he shall not be charged but for his Detainer, 39 Edw. 3. 5. pl. 21.  
Crook 118. pl. 62. A. bail's goods to B. which dies, in Detinue against Executors the question was, whether they shall be named Executors or not, and it seemed they needed not, for the Detainor is the point of Action.  
For Hill. 12 Jac. ban. Regis. Isaac & Clark. 13 Hen. 4. 12. pl. 2. 11 Hen. 4. 45. pl. 20. 2 Hen. 5. 6. pl. 29. 21 Hen. 6. pl. 1. one shall not answer without the other, therefore they are charged for the Detainer only.  
It lies against an executor upon a rationable parte bonorum, 17 Edw. 3. 9 pl. 29.  
Executor shall have a Detinue for goods in the possession of the executor of his joint-executor if the said joint-executor will pay a debt to the value, 3 Eliz. Dyer. 187. pl. 6. 
Estranger   
It lies against a stranger when they come to the possession of two, 4 Edw. 4. 9 pl. 11. Nat. br. 138. E. 
Lessee.   
Lessor shall have a Detinue for implements leased with the house, at the end of the term against the Lessee although they are wasted, 20 Hen. 6. 16. pl. 2.  

Trover of goods.  Against him that finds goods if they be wasted per wilful negligence, otherways if it be by casual means, Doct. et Stud. 129. B.  

Vendee.  If a Horse be stole and sold in a market but not according to the statute the owner shall have a Detinue, per 3. Mariae. cap. 7.  
Administrator sold a thing the executor proves the will, he shall have a Detinue against the vendee of the administrator, Com. 275. Fox's case.  

Shreeve.  It lies against a Sherive where he returns upon a returna habenda quod averia elongata sunt per. Westm. 2. cap. 2. 9 Hen. 6. 42. 
Husband.   
A Wife tenant in tail dies before Issues quaere if a detinue lies against the Husband without request, 33 Hen. 6. 30. B.  
A feme trove dum sola fuit and takes a husband, Detinue lies against the husband and wife, Lib. intra. 209. D. sect. 4. 43 Edw. 3. 18. pl. 1.  

Feoffor.  If A. enfeoff B. with warranty, B. shall have a Detinue against A. for deeds that comprehend warranty or are material for the Title, Coke. 1. part. 2.  
If A. enfeoff B. without warranty, B. shall have it against A. for all, Coke 1. part. 2.  
And if the thing lies in grant, than it lies against the Feoffor, Coke 1. part. 1. Buckbursts case.  
And so in any case for a deed that makes his estate good, Nat. br. 138. K.  

Against a Lessee for life.  A Lease made to A. for the life of B. remainder over to C. B. dies, C. shall have a Detinue against A. without request, because C. had interest in it before, 33 Hen. 6. 30. B.   

For what things Detinue lies. 1. Of chattels. 2. Of deeds.  

Certain.  Detinue ought to be of a thing certain, Nat. br. 138. A.  
Money in a Bag, Box, or Coffer, Nat. br. 138. A.  
And this although the seal be broken, 21 Edw. 4. 30. pl. 25. Littleton.  
But otherwise it lies not, Nat. br. 138. A. 22 Hen. 8. Dyer. 22. pl. 137.  
Note Detinue was brought for one piece of Dornex of the value of 22 s. and tried at Gloucester Assizes, 5 Mariae. 15 Jac.  
Vide tamen 21 Hen. 7. 82. pl. 3. Detinue 
Rationabile parte bonorum.  brought of a piece of silver.  
It lies of Rationabile parte bonorum, 17 Edw. 3. 9 pl. 29.  

Heir.  Custom that the Heir shall have the principal goods, Detinue lies for them, 30 Edw. 3. 2. pl. 9 39 Edw. 3. 6. pl. 24. & fol. 9 pl. 15.  

Implements.  Land leased with implements, at the end of the Term Detinue lies for them, although wasted, 20 Hen. 6. 16. pl. 2.  

Goods lost Goods Bail  If goods are lost Detinue lies, Nat. br. 138. E.  
Goods bail to deliver over, Detinue lies, Nat. br. 138. A. 18 Hen. 6. 9 A.  
A. bail's goods to B. which are stole, Detinue lies against B. for them, Coke 4. part. 84. Southcots' case.  
But if he receive them to keep, as he doth his own goods, and they are stole it lies not, Coke 4. part. 83. Southcots' case. 9 Edw. 4. 40. pl. 22. Danby.  

Carrier looseth goods.  Carrier loseth goods or is robbed, yet Detinue lies against him, Coke 4. part. 84. 2 Hen. 7. 11. B. Townsend.  

Corne.  A contracts for corn to be delivered at a day to come, he shall have Detinue at the day for this. No. Lib. intra. 169. B. Sect. 1.  

Divorce.  After divorce it lies for goods given in marriage, Nat. br. 139. A. 26 Hen. 8. 7. pl. 1. 28 Hen. 8. Dyer. 13. pl. 61.  
It lies of a horse, cow, etc. or more things or horses, Nat. br. 138. A.  

Replevin.  It lies for the Plaintiff in Replevin, for goods taken in Withernam, because he had not the property in them, 2 Hen. 4. br. debt 51. 6 Hen. 7. 8. B.  
Quaere if the Avowant shall have a Detinue for his goods taken in Withernam, after appearance and claim of the property, 11 Hen. 4. 10. pl. 21.  

Tender amends in Replevin.  The Plaintiff in a Replegiare after return irreplevisable upon tender of amends shall have a Detinue for the goods, Coke. 8. part. 147. A. For he had the property in them, 10 Eliz. Dyer. 280. pl. 14.  

Corne. Wine.  A delivered B. corn and wine, etc. and they perish, yet Detinue lies for them, Doct. & Stud. 129. A.  

Horse.  But if it be a thing that shall be redelivered as a horse, etc. if it be used in other manner than was agreed, and if it perish in Default of the party to whom it was delivered, Action lies, Doct. & Stud. 129. A.  
But if it be used but in such manner as it was agreed, and it perish, but not by Default of the party to whom it was delivered, Action lies not, Doct. & Stud. 129. A.  

Note.  Note in brevi de chartis reddendis semper debet poni certus numerus chartarum vel scriptorum, Regist. orig. 159. B. Nat. br. 138. B.   

The Count in Detinue, 1. Of Chattels. 2. Of Deeds.  

Count.  The Count ought to name all things certain and the value, 1 Rich. 3. 20. A. 3 Hen. 6.  

Baylement.  The Count was, that such a year day and place, Bail to B. catalla, etc. scilicet, one Cup of silver, etc. ad valentiam, etc. salvo custodiend. & eidem querenti cum inde requisitus fuisset redeliberand. etc. Lib. intra. 212. B.  

Spoons.  A. counts the bailment of spoons, etc. ad valentiam, etc. Lib. intra. 211. D. Sect. 2.  

Devenerunt Ag●. executors.  Count was, quod cum ipse, the year, day and place, deliberasset W. in vita sua, catalias, etc. posteaque predictus W. obiit, etc. & post ejus mortem praedictam, etc. devenerunt such a day, year and place, to the hands of the aforesaid Executors, praedictus W. nec praedicti Executores, etc. Lib. intra. 212. C. Sect. 4. 
Per executor.   
Count per Executor, Com. 275. A. Foxes case.  

Trover  Count upon bailment to B. which loses it, and that the Defendant found it, and yet detinet lies, Lib. intra. 212. B. Sect. 3.  
Count of a Horse found, No. Lib. intra. 169. D. Sect. 2.  

Contract.  Count upon a bargain for Corn to be delivered at a day to come, that such a day, year and place, bargained for eight quarters of Corn, ad valentiam, to be delivered, etc. No. Lib. intra. 169. B. Sect. 1.  

Obligation.  For two Obligations, Lib. intra. 220. A. Sect. 1.  

Husband▪ and wife. for box with deeds  The Husband and Wife counts that they were possessed of a box sealed with Deeds concerning Lands, etc. and lost them, and came to the hands of the Defendant, such a year, day and place, per Trover, etc. Lib. intra. 209. B. Sect. 3.  
Count of a box with Deeds, Lib. intra. 202. B. Sect. 7. 
Heir against husband and wife.   
Counts that his Brother whose Heir he is, was seized of Land in Fee, and of a box sealed with writings, touching the Land and lost the box and it came to the hands of the woman dum sola fuit and dies without issue and descends to him and takes a husband per quod, etc. Lib. intra. 209. D. sect. 4.  

Heir.  Heir against executors, Lib. intra. 210. A. sect. 5.  
The heir in a Detinue for a box with deeds ought to count that it was sealed for otherwise it belongs to the executors, 36 Hen. 6. 27. pl. 26. 39 Edw. 3. 7. 8. 41 Edw. 3. 2. 11. Hen. 49. A. Paston.  
And yet the sealing is not traviseable, 41 Edw. 3. 2.  
The heir ought to count of the certainty of the Land and also how it was conveyed to him, 3 Hen. 6. 19 pl. 31. 19 Hen. 11. pl. 29.  
He ought to count as heir if he claims as heir, 7 Hen. 6. 31. pl. 25.  
But if he count upon Baylement to rebayle to him and his heirs, he need not to set forth the title to the land, 19 Hen. 6. 41. pl. 84.  
If a Feoffee with waranty make a Feoffement with warranty, or desseisee die his heir shall have a Detinue and count specially, Coke. 1. part. 2. A. Buckhursts case.  
The heir counts that his father was seized in fee, and demands the deed of the estate tail and good, for his father may discontinue and take it again in fee, 38 Hen. 6. 24. pl. 11.  

Feofee.  Count per Feoffee, Lib. intra. 210. sect. 6.  

Note.  Note if the writ be of bona et catalla the count cannot be of Charters, 22 Edw. 4. 12. pl. 32.  
And needs not say in the Count how the Defendant came to them, 9 Hen. 5. 14. pl. 22. 4 Edw. 4. 9 pl. 11. Lib. intra. 213. A. Sect. 2.  
If the Writ be of a box with deeds, the Count shall be accordingly, and not of a deed certain, 41 Edw. 3. 2. pl. 5. 14 Hen. 6. 4. A.  
The Plaintiff in a Detinue for Deeds for Land ought to make title in the Count, 33 Hen. 6. 26. pl. 12. Prisot. for otherwise he ought to make request, and then an Action upon the case lies.   

The Writ in Detinue. 1. Of Chattels. 2. Of Deeds.  
1. In Comitatu dicitur injuste detinet, Regist. orig. 139. B.  
Si quis rem mobilem vendicaverit, ex quacunque causa oblatam vel commodatam, debet in actione sua definir e pretium, & sic proponere actinem suam; quia ille a quo res petitur non tenetur precise ad rem restituendam, sed sub disjunctione vel ad rem vel ad pretium, Bracton, Lib. 3. fol. 102. B.  
If it be against an Executor it need not name him Executor, because he is only charged with the Detainer, 29 Edw. 3. 38. pl. 12.  

In comitatu.  Rex, praecipimus tibi quod justicies L. quod just, etc. reddat T. quandam chartam, vel duas chartas, vel quoddam scriptum obligatorium, vel conventionale, vel acquietantiae, vel quiete clamantiae, vel testamentarium, vel quoddam Cyrographum, quod, quas vel quae, ei injuste detinet, ut dicit, sicut rationabiliter monstrare poterit, ne amplius, etc. Regist. Orig. 159. B. Nat. br. 138. B.  

In Banco.  Rex, praecipe F. quod reddat W. quandam chartam, etc. quam ei injuste detinet ut dicit, & nisi fecerit, etc. Regist. orig. 159. B. Nat. br. 138. B.  
The Writ for Deeds in a bag, box, or chest, Regist. 159. B. Lib. intra. 209. C. Sect. 1.  
Note when a man demands writings in a bag, box or chest, he needs not make mention in the Writ or Count what writings they were, Regist. orig. 160. A.  
If one sue for deeds in any Court without a Writ, a prohibition lies, vide the Writ, Regist. orig. 159. B. Nat. br. 139. C.  
A. bail's Deeds to rebayl to him and his Heirs, there the Heir need not mention, though he is Heir in the Writ, 5 Edw. 3. 159. pl. 24.   

The Process in Detinue, 1. Before appearance. 2. After.  

Detinue for chattels.  By the Common Law it was but a distress infinite, Nat. br. 139. A. 14 Hen. 6. 1.  
But per 25 Edw. 3. cap. 17. a Capias was given.  
But lies not in a Detinue for Deeds, 5 Eliz. Dyer. 223. pl. 24.  

Detinue for deeds.  The Process at Common Law was a Summons, Attachment and distress, Nat. br. 139. A. 14 Hen. 6. 1.  
But if the deeds are in a box Capias lies, 20 Edw. 4. 3. pl. 12. 7 Hen. 4. 2. pl. 8. 14 Hen. 6. 1. pl. 1. 40 Edw. 3. 25. pl. 28.  
But than it ought to Count of a Deed in certain, 14 Hen. 6. 1. pl. 1.  

Garnishee  The Garnishee may be summoned by word, 1 Hen. 5. 13.  
The Garnishor may grant a scire facias to issue out against the Garnishee, and if he make default judgement shall be given against him, Lib. intra. 217. B. Sect. 3.   

The Garnishment in Detinue. 1. Of chattels. 2. Of Deeds.  

Garnishment.  Garnishment is granted for saving the Condition, if not performed, only this, whether the Defendant did or not, and for no other cause, 40 Edw. 3. 11. pl. 24.  
The Defendant in Detinue pleads, that the Plaintiff and B. delivered this upon condition, and prays Garnishment, and had it without showing what conditions were, 3 Hen. 4. 18.  
And also the reason to be because the conditions came not in debate between the Plaintiff and Defendant.  
Garnishment prayed of the Heir and Executor of B. good; because it did not appear whether the Deeds in the box were real or Chattels, 14 Edw. 4. 1. pl. 3. 21 Edw. 3. 41. pl. 44. 48 Edw. 3. 30. pl. 19  
Garnishment granted against an Executor, because it was supposed that the Testator was one that delivered the deeds, 14 Hen. 6. 11. pl. 42.  
The Defendant shall have Garnishment, although the Garnishee was a stranger to the Delivery, 14 Edw. 4. 2.  
If the Garnishee be returned dead, than his Heir or Executor shall Garnie, and if it be a Chattel, and it is returned that he is dead intestate, the Ordinary shall Garnie, 48 Edw. 3. 3. pl. 19  
So of the Successor, Lib. intra. 217. C.  
Executor shall have Garnishment upon delivery to his Testator, Lib. intra. 216. D. Sect. 1.   

Enterpleader in Detinue. 1. Of Chattels. 2. Of Deeds.  

Enterpleader.  Note that there shall be no Enterpleader unless the Defendant pray it, 18 Edw. 3. 22. pl. 3.  
If the parties are by Attorneys, day shall be given over, because they shall not enterplead but in person, 9 Edw. 3. 334. pl. 12. 24 Edw. 3. 24. pl. 3.  
And if one come at his day by Attorney, the other shall not have judgement against him, 9 Edw. 3. 334. pl. 12.  
Upon several Baylments there shall be no Enterpleader, 19 Hen. 6 2. pl. 6.  
But if the Defendant said that he was joint-tenant, absque hoc that it was several, 19 Hen. 6. 3. pl. 6.  
In Detinue the Defendant pleads another Writ, hanging per another, and prays Enterpleader, and it was granted for the mischief that might be, for otherwise both might recover the Deeds, and so be twice charged, 3 Hen. 6. 43. pl. 20.  
But there ought to be two several Writs depending, 3 Hen. 6. 35. pl. 31. and these aught to be returned at one day, 9 Hen. 6. 36. pl. 9  
If the Defendant and the Garnishee do not agree in plea there shall be no Enterpleader, 14 Hen. 6. 11.  
There shall be no Enterpleader unless the Defendant allege that both demanded one thing, 8 Edw. 4. 6.  
If the Defendant after Garnishment make default, yet there shall be an Enterpleader, 2 Rich. 2. Enterpleader 13.  
If it be returned at several days than a day shall be given over, at which day they shall Enterplead, 33 Hen. 6. 25. pl. 8.  
But if two bear the same date, than he that first comes and demands answer shall be answered, 19 Hen. 6. 4. Lib. intra. 213. A & B. Sect. 1.  
Otherwise he that the Court assigns, 19 Hen. 6. 4.   

Bar in Detinue. 1. Of Chattels. 2. Of Deeds.  

Accord.  Accord is a good Plea in Detinue of any goods personal, Coke. 9 part. 78. B. Petoes case.  

Attachment.  Bar that the goods were attached and delivered to him, only the custom of the City, Lib. intra. 112. C. Sect. 5.  

Command  A. lent sheep to a woman sole, which took a Husband, which commanded the owner to take them again, who refused; this is a good bar as to the bailment in Detinue, 43 Edw. 3. 21. 10.  

To deliver over  A good bar that they were lent to deliver over, of the which he had a deed, Nat. br. 138. M.  
A good plea by the Executor upon bailment to the Testator, that he had delivered them to him that had the right, 9 Hen. 6. 58. A.  

Given.  Detinue is no plea, that the Plaintiff gave him the goods, because he may wage his Law, 22 Edw. 4. 29. pl. 10.  

Distress.  Detinue upon Trover, the Defendant pleads that he did distrain for Rent reserved upon a Lease, a good bar, 27 Hen. 8. 22. pl. 15.  

Estray.  In Detinue of a Horse, a good plea that he did estray, and that he proclaimed him, and offered the horse to the owner, if he would pay for his meat, No. Lib. intra. 169. D. Sect. 2.  

Malady.  A good bar to say the Horse was sick in Detinue at the time, 21 Edw. 4. Detinue. br. 42.  

Non detinet.  Non detinet a good bar, Lib. intra. 211. D. Sect. 1. & 2. fol. 112. C. Sect. 4. & 5.  
And this may be by the Country, Lib. intr. 211. D. Sect. 1. and 112. Sect. 4. C.  
Or by wager of Law, 22 Edw. 4. 29. pl. 10. Lib. intra. 112. C Sect. 5. 5 Edw. 3. 145. pl. 4. 27 Edw. 3. 83. pl. 6. 4 Edw. 3. 41.  
Although the bailment be by deed, for the detinet is the substance, 27 Hen. 8. 22. pl. 14.  
An Executor may wage his Law, 11 Hen. 6. 40. pl. 25. 3 Hen. 6. 38. Martin.  
Non detinet by the Law, although the bailment be by others hands, 8 Hen. 6. 10. pl. 26. 33 Hen. 6. 8. B. Moyle.  

Payment to the value.  Executor pay a debt to the value of the goods and dyes, this is a good bar in Detinue brought by the surviving Executor, 3 Eliz. Dyer. 187. pl. 6.  

Pledge.  The Defendant said, that the Plaintiff pledged them for money which is not paid; this is a good bar, 34 Hen. 6. 42. pl. 13.  

Perish.  Corn lent, etc. and it perisheth, this is no bar, Doct. & stud. 129. A.  
A horse used in other manner than was agreed, no bar if he perish.  
But if he be used in the same manner, if he perish not in Default of the Owner, to whom he was lent a good bar, Doct. & Stud. 129 A.  

Robbery.  No plea for a Carrier or Ferry man that he was robbed, Coke. 4. part. 84. Southcots' case. 2 Hen. 7. 11. B. Townsend.  
So if goods are delivered to keep, Coke. 4. part. 83. B.  
But it is a good plea if they are taken to keep as my own, Coke 4. part. 83.  

Recovery.  Recovery in Travers a good bar in Detinue, 20 Hen. 7. 58. B. Crook.  

Travers.  The bailment is not traversable where he may wage his Law, 8 Edw. 4. 3. pl. 7.  

Vendee.  No bar that the Horse was sold in a market overt, unless it were tolled for, according to the Statute 1 & 2 Phil. & Mariae. cap. 7.  

Bastardy.  Detinue for Deeds as Heir, Bastardy is a good plea, 35 Hen. 6. 9 pl. 12.  

F●osment.  A. bailed to B. to rebayl and dies, having two sons which makes petition, he which had the Land comprehended in the deed infeosses B. this is a good bar, 17 Edw. 3. 12. pl. 45.  

Warranty▪  Warranty and assets is no bar against the issue in Tail in Detinue, 9 Hen. 6. 15. pl. 5. 4 Hen. 7. 10. pl. 4.  

Rebaylment.  Rebaylment in another County a good bar, because he cannot wage his Law, 22 Hen. 6. 15. pl. 27.  

Release.  Release per the Plaintiff a good Bar, Lib. intra. 290. B. Sect. 1.  

Retainer.  Defendant pleads bailment by the Plaintiff upon condition that if his wife survive the Plaintiff that the Defendant should retain it, and that his Wife is alive, a good bar: but then he ought to show what lands they concern, 18 Edw. 4. 18.  

Infancy.  Infancy is no plea, because he may avoid an obligation in debt, 14 Hen. 6. 11 pl. 41.  

Recovery.  A good bar that the Garnishee brought a Detinue against the Defendant, and prays Garnishment against the Plaintiff, which makes default, and he had judgement, 34 Hen. 6. 47. pl. 13. 21 Hen. 6. 35. pl. 2. per Newton.  

Release.  Garnishee pleads release between this action brought and the delivery, & quaere, 20 Hen. 6. 28. pl. 23. 49 Edw. 3. 13.  
But the 39 Edw. 3. 13. adjudged that it is a good bar.   

The judgement in Detinue. 1. Of Chattels. 2. Of Deeds.  

Against the Defendant.  1. Quod praedictus W. recuperet versus praefat. J. praedicta octo quarteria frumenti, vel valorem eorundem, No. Lib. intra. 169. C. Sect. 1. Lib. intra. 218. B. Sect. 4. & dampna sua, etc. and upon the return of the Writ, if it appears that W. did not deliver the corn, than the judgement shall be for the value with damages and costs.  

Plaintif.  The Plaintiff shall have judgement to recover the thing named, 17 Edw. 3. 45. 1 Rich. 3. 1. & 2.  
The judgement was that he should recover his Chattels, and his damages, 21 Hen. 6. 36. A.  
Bracton Lib. 3. fol. 102. B. non tenetur precise ad rem restituend. sed sub disjunct. vel ad rem vel ad pretium.  

Against the Defendant.  The judgement was that he should recover the deeds if they are found, and also damages; and if not found then all in damages, 7 Hen. 6. 31. pl. 25. 22 Hen. 6. 41. pl. 17.  
And this shall be although it be proved that the Defendant burned the Deed, 17 Edw. 3. 45. pl. 1.  
Ideo consideratum est quod praedictus A. recuperet versus praefat. B. pyxidem praedictam cum chartis, etc. Lib. intra. 218. A Sect. 1.  
The Heir in Detinue had judgement to recover one box with as much as in it contained that belongs to him, 5 Edw. 3. 159. B.  

Against the defendant and the garnishee.  The Judgement was that he should recover the deeds against the Defendant et haberet liberationem versus the Garnishee, 21 Hen. 6. 36. A. Lib. intra. 219. D. sect. 17. 9 Hen. 6. 38. pl. 13. 7 Hen. 6. 45. pl. 27.  
But if Judgement be given upon default of the Garnishee before appearance no damages shall be given, 20 Hen. 6. 4. pl. 27.  
If the Plaintiff and Defendant make default the Garnishee shall have Judgement and the Plaintiff and Defendant in misericordia, 40 Edw. 3. 39 pl. 15.   

Execution in Detinue 1. of defendant 2. against the Garnishee 3. of what Lands 4. of what Goods.  

Chattels.  Execution against the Defendant by distress for the thing, Nat. Lit. intra. 169. C. sect. 1. 20 Edw. 4. 3. pl. 12. No. Lib. intra. 170. D. 17. A. 6 Rich. 2. execution.  
But if the thing be not delivered to the Plaintiff than he shall have execution for the damages by capias, Lib. intra. 216. B. sect. 6. 20 Edw. 4. 3. pl. 12.  
For capias was given in process per 25 Edw. 3. cap. 17. and by consequence a capias ad satisfaciend. in execution.  
At the common law execution was for damages by fieri facias and also for the goods, Lib. intra. 216. B. sect. 8.  
For damages by fieri facias and for the thing by distress, 6 Rich. 2. execution, 45.  

Deeds.  The Plaintiff and Defendant make Default Garnishee had Judgement and distress against the defendant, 40 Edw. 3. 39 pl. 15.  
Destrese Issued forth in execution, Lib. intra. 215. C. sect. 1. 20 Edw. 4. 3. pl. 12. 22 Hen. 6. 41. pl. 17.  
But capias lies not, 5 Eliz. Dyer. 223. pl. 24. 21 Hen. 6. 42.  
If the deeds concern Lands, 8 Hen. 6. 29. pl. 24. 14 Hen. 6. 1. pl. 1.  
But for the damages if they will not deliver capias lies, 22 Hen. 6. 41. pl. 17. 20 Edw. 4. 3. pl. 12.  
If deeds are in a box then a capias ad satisfaciendum lies in execution, 7 Hen. 4. 2. pl. 8. 14 Hen. 6. 1. pl. 1. 40 Edw. 3. 25. pl. 28.  
But for Damages at the Common Law it was but a Fieri facias, Lib. intra. 216. B. sect. 7.  
Or a Levari facias, Coke. 3. part. 12. A.  
And this only within the year for after the year the party had but an action of Debt, Coke. 3. part. 12. A.  
Unless the parts be continued, 33 Hen. 6. 49. pl. 33.  
But by Westm. 2. cap. 450. a scire facias is given after the year, and by Westm. 2. cap 18. an Elegit is given,  
And by the twenty fifth of Edw. 3. cap. 17. Capias is given in Process for Deeds in a Box and by Consequence a Capias ad satisfaciend. in execution, Lib. intra. 216. A. Sect. 3. 40 Edw. 3. 25. pl. 28.  

Deeds.  If damages shall be recovered against a Garnishee, the execution shall be of the goods and Lands of the Garnishee, 7 Hen. 6. 45. pl. 27. 9 Hen. 6. 38. pl. 13. 19 Hen. 6. 4.  
But not of his body, because he was not party to the Writ, 7 Hen. 6. 45. pl. 27. 9 Hen. 6. 38. pl. 13.  
But the book of Entries 216. B. Sect. 6. Capias ad satisfaciendum was awarded against a Garnishee, for damages recovered against him.    

 Quid.   1. Superior 1. Parliament.   Quotuplex.   2. Ban. Regis.     3. Chancery.     4. Com. Ban.     5. Exchequer▪    1. Of Record.    1. Prescription. 1. Pypowders in a Village.   2. Inferior 2. Patent.    Common Law 1. General in Court   3. Parliament. 1. Pypowders.    4. Common Right 2. Turn of the Shrieve   3. Leet.  2. Not of Record. 1. County Court. 1. Ancient Demean.  Upon Judgement   2. Court Baron— 2. Hundred.      3. In any Manor.   2. Special 1. In Court  1. Of Record.     Merchant.    1. Statute Staple.    2. Recognizance, according to 23 Hen. 8.    2. Out of Court. 3. Account, Common Law.  Debt is by 4. Arbitrament.     5. Ordinance, or by-Law. 2. Not of Record.   Upon a Deed 1. Indented. 1. Enrolled.     2. Not enrolled.      1. Simple.    1. Obligation 2. Conditional.     1. Years.   Upon matter in the County.  Finite, as for 2. For life.  3. Another's life.   4. Estate Tayl.  2. Poll.  1. Absolute.     Infinite 2. Conditional.     3. Limited 1. general.       2. special.      1. Casual, Hac vice.     2. Grant. 2. Certain, to have continuance for a time.  Without Deed. 1. Lent. Bail over.    2. bailment to Pledge.    3. Contract real Rebayl.       Rent upon a Lease for life during the Lease.     2 personal 1. Chattels Lease at Will.      Lease for years.       1. Effluxion▪      After the Lease ended. 2. Limitiation.      2. A real thing 3. Condtion.       Incident.         Collateral.        2. Personal. 1. Rend reserved.         2. Agistment.    4. Upon tail Relief. Salary for  3. Partition.   5. Matter in Law. Aid. 1. Counsellor.  4. Tabling and Physic.      Toll. 2. Attorney.      Fees. 3. Servant for one day, as Labourer.  5. Vendition.      Robbing 6. Marriage money      Escuage. 4. retainer as for one or more years. 7. Surgery.      Rationabili parte bonorum. 8. Taylor for general Contract.         A garment special  
Statute Law Westm. 2. cap. 11. Upon an escape of an Accountant in Execution. 1 Rich. 2. cap. 12. Upon an escape of a Debt or in Execution. 33 Hen. 6. cap. 1. Against a Gaoler which suffers a servant to escape, which was committed by the chief Justice. 23 Hen. 6. cap. 15. Against a Shrieve for not returning a Knight of the Parliament. 2. Edw. 6. cap. 13. For a Parson against him that will not set forth his Tithes. 
By the party grieved.  7 Edw. 6. cap. 6. Against a Receiver that takes more than he ought, forfeits 6. s. 8. d for every penny, to the party grieved. 1. Edw. 6. cap. 14. Debt against a Seller of Lands given to the King by the said Statute. 1. Mariae cap. 9 Goaler which refuses or suffers a person committed by the College of Physicians to escape. 13 Eliz. cap. 4. Upon a fraudulent Conveyance to defeat Creditors. 3 Jac. cap. 7. If an Attorney suffers another to practise in his name in Court he forfeits 20 l. and the other that follows the Suit in his Name 20 l. 4 Jac. cap. 3. The Defendant shall have the same remedy for his Costs as the Plaintiff should have had if he had recovered. 1 Jac. cap. 21. Debt against a Broker, for double the value of the thing if he refuse to disclose the truth. 1 Jac. cap. 15. Creditor of a Bankrupt shall have an Action of Debt to him assigned. 5 Eliz. cap. 13. The Owners of the soil against the Surveyors of Highways, which dig in a man's Ground and not fill it up again within one Month, the forfeiture is 3 l. 6 s. 8 d. 
To a person certain.  The Lord of the Leet for erecting a Cottage, or Inmate, shall have an Action of Debt, per 31 Eliz. cap. 7. 14 Hen. 8. Physicians in London for practising without Licence. 17 Edw. 4. cap. 2. A Steward of pypowders forfeits 5 l. if they hold plea, unless the 
Action popular.  Plaintiff or his Attorney swear that the thing was within the Jurisdiction, and in the Fair, 1 Rich. 3. cap. 6.   


Debt, in what Court it lies.  
IN the County Court, Nat. br. 119. G. Regist. orig. 139. A.  
In a Village, City, and Burrough Liberty, Nat. br. 119. K.  
In Pypowders.  
But by the 17 Edw. 4. cap. 2. The Plaintiff or his Attorney ought to swear that it was in the Fair, and within the jurisdiction, 1 Rich. 3. cap. 6. and if he refuse the Defendant shall go quit.  
It lies in the marshalsea, if both are of the household, otherwise not, but the Plaintiff needs not show this in his Count, and the proceeding there is by bill, Coke. 10. part. 61. Case of marshalsea.  
In Chancery for a person privileged, debt lies.  
In the Exchequer by quo minus, Coke. 8. part. 68 A. Trollops case.  
So if one usurp upon a Franchize of the King, where he had Fee Farm, the Farmer shall sue by Quo minus, 32 Hen. 6. 24 pl. 7.  
An Executor shall have a Quo minus, when he is a Debtor to the King by his own Act, 8 Hen. 4. 10. pl. 19  
In Com. Ban. Nat. br. 119. G.  

Note.  Debt lies not for a popular action, or penal Law, but in one of the four Courts of Record at Westm. per Statut. 18. Eliz. cap. 5. Coke 6. part. Gregory's case.   

Who shall have Debt.  

Accountant.  If a Bailie account and surplusage be found he shall have Debt for it, Nat. br. 121. I. the count, Lil. intra. 150. D. sect. 1.  
But a Receiver shall not, Nat. br. 121. I. 38 Hen. 6. 5. pl. 14. Mich. 12. Jac. Ban. Regis. Countess of Suffolk et Floyde.  

Administrator.  Administrator shall not have Debt until, 31 Edw. 3. cap. 11. Nat. br. 120. D. Coke. 9 part. 39 A. Hensloes' case.  
1. An Administrator ought to count that he which Committed the Administration was the Ordinary of the place where the intestate died, 31 Hen. 6. 23. pl. 5. Com. 277. A. Per Dyer.  
2. He ought to name the place where the administration was to him committed, 35 Hen. 6. 31. pl. 39 Danby et Moyle.  
3. He needs not name the Ordinary by his name, 7 Hen. 4. 10. pl. 18.  
But in a writ de Colligend. he shall be named.  
An administrator shall have Debt upon, 1 Edw. 2. cap. 14. for money given to chantry land.  
The Ordinary Release a debt and afterwards grants administration to A. yet A. shall have Debt for the Release is void, 18 Hen. 6. 23. Coke. 9 part. 39 A. vide Crook. 127. pl. 90.  

Attorney.  Attorney shall have Debt for his Fees and Fees of Counsel and costs of suit, Nat. br. 121. L. 21 Hen. 6. 4.  

Baylor.  If I. deliver money to Bail over or to a Merchant or to be given in Alms or upon a Condition to rebayle, if he break the trust, I. shall have Debt against him, 28 Hen. 8. Dyer. 22. pl. 135. 11 Hen. 6. 39 pl. 3. 42 Edw. 3. 9 pl. 7. Crook. 21 Hen. 7. 69. pl. 2. per Frowicke.  

Husband.  A. is bound to the Husband and wife the husband alone shall have the action, 3 Hen. 6. 37. pl. 35. 12 Rich. 2. bre. 637.  
Or in both their names, 39 Edw. 3. 5. pl. 19 43 Edw. 3. 10. pl. 31. 3 Hen. 6. 37. pl. 35. 12 Rich. 2. bre. 639. 16 Edw. 4. 8.  

Husband and wife.  Husband and wife Assign Auditors to receive it dum sola fuit and brought debt for the Arrearages in both their names, and good because the wife was the cause of the Action, 16 Edw. 4. 8. pl. 4.  
Husband and wife Lease for years rendering Rend, the husband dies, and the second husband brought Debt, and good, 28 Edw. 3. 90. pl. 4.  
A Woman leases at will rendering rend and takes a husband, the rent is behind, they join in debt, and good, Coke. 5. part. 10. Hensteads case.  
A Woman shall not have an action against her husband although she is executrix, 8 Edw. 3. 330. pl. 48.  
A. is bound to the husband and wife and they are divorced causa prae-contractus and they brought debt in their nam es, No. Lib. intra. 121. sect. 5.  
B. had a Rectory in right of his wife for years and they both joined in debt upon the 2. of Edw. 6. for not setting forth of Tithes, Hil. 39 Eliz. Ban. Regis Rot 699.  
Lease for year rendering Rend by the Husband and wife, husband may have Debt in his own am, 7 Edw. 4. 5. pl. 16.  
The same law is if the reversion be assigned to the Husband and wife although that the Husband Count as Assignee, Trin. 12. Jac. Ban. Regis. Wyatts case.  
Husband and wife sold the Land of the wife, the Husband alone shall have Debt, 48 Edw. 3. 18. pl. 4.  
Husband and wife recover damages, the Husband alone shall have debt for them, 16 Hen. 6. Bre. 939.  
A woman tenant in dower of Rent takes a husband and dies, the husband shall have debt for the Arrearages during the coverture, Nat. br. 121. C. 14 Hen. 6. 26. A. 10 Hen. 6. 11. 22 Hen. 6. 25. 26. Edw. 3. 64.  
And by 32 Hen. 8. Ca 37. the husband shall have debt for the Arrearages before the Coverture, Coke. 5. part. 51. A. Ognels case.  
Annuity to the wife that takes a husband, arrearages incur, the wife dies, the husband shall have debt, because it is more than the thing in action, Hil. 29 Eliz. Com. Ban. St. Legers.  
But if it be but for a thing in action before the coverture as an obligation the husband shall not have it, Nat. br. 121. C. 39 Hen. 6. 26. pl. 38.  
But during the coverture the husband may Release it, 17 Edw. 3. 66. pl. 78. Hill.  
Husband makes his wife executrix which takes a husband and makes him executor and dies, the husband brought debt for the debt to the former husband and good 4 Hen. 6. 31. 
Clerk of the Peace   
It lies in the name of the Clerk of the peace for the Hundred against the Village where default is made in Hugh and Cry, 27. of Eliz. cap. 13. 
College in Oxon.   
College shall have debt for commons of any Student. Pasch. 9 Jac. Ban. Regis. College of St. John's in Oxford, versus Brickeden. 
College of Physicians.   
College of Physicians for practising without licence shall have it, but the Master sole shall not, Hill. 11. Jan. Ban. Regis. College versus Dr. Tenant, Lib. reports title Plaints. 

Stat. Merchant Staple.  
Counsee. According to 23 Hen. 8. Recogn.    
Debt lies by a Conusee of a Statute or Recognizance, Nat. br. 122. D. 11 Hen. 6. 49. pl. 7. 36 Hen. 6. 2. pl. 2. 39 Hen. 6. 3. pl. 5. 22 Eliz. Dyer. 369. pl. 52. 13 Rich. 2. bre. 649.  
Debt upon a retainer to be his counsellor for 40 s. per annum, but then he ought to count that he was of his counsel or was ready to be, 37 Hen. 6. 8. B. Prisott. 
Counsellor.   
But if I retain a Sergeant at law, for A. he shall not have debt for his salary against me, 31 Hen. 6. 9 B. Fortescue.  

Executor.  Executor shall have debt for a thing due to the testator, 11 Hen. 6. 7.  
Executor of an executor shall have debt, 25 Edw. 3. Ca 5.  
Executor shall not have debt before probat of the testament, 7 Hen. 4. 18. Coke 5. part. 28. A. Midletons' case, come. 278. Fox's case. Perkin. 193.  
But if (pendente breve) the testament be proved it sufficeth, Pasche. 43 Eliz. Com. Ban. Walmesly.  

Feme  Rend services, granted to the husband and wife for life, the husband dies, the wife shall have the Arrearages that did accrue in the life of the husband, and debt for them after the estate ended, 29. Edw. 3. 40. pl. 19  

Grantee of a Reversion. Annuity.  Grantee of a Reversion shall not have debt for Rent upon a lease for years before Attornement, Nat. br 121. N.  
But a Devisee shall have it, Nat. br. 121. N. Mich. 14. Jac. Ban. Regis. bailiffs and Burgesses case of Ipswiche.  
So Bargainee shall have it Coke. 3. part. 24. A. Walkers case.  
A. is bound to B. and his heirs, B. dies, his 
Heir.  heirs shall not have debt, Nat. br. 120. I.  
But if a penalty be granted to one and his heirs then the heir shall have debt, Nat. br. 120. M. 11 Hen. 4. 84. 28 Hen. 8. Dyer. 24. pl. 149.  
The heir shall have debt for the reasonable part of the goods where the custom gives it him, Nat. br. 122. L.  
But if there be no such custom it lies not, Regist. orig. 142. B. 40 Edw. 3. 38. pl. 19 7 Edw. 4. 20. pl. 23. 30 Edw. 3. 26. A. seton. Regist. orig. 141. B.  
For the statute of Magna Charta is but one forspris and for that an action shall not be founded upon it, vide Lib. intra. 541.  
But Nat. br. 122. L: Glanvill Lib. 12. cap. 20. 17. Edw. 3. 9 pl. 29. this is by the Common Law  
Custom that the heir shall have the principal Chattels, etc. he shall have debt for them, 30 Edw. 3. 2. pl. 9 39 Edw. 3. 6. pl. 24. & fol. 9 pl. 15.  
Lessor shall have debt for Rent reserved upon a Lease at will Coke. 5. part. 10. Hensteads 
Lessor.  case. Littleton. 15.  
And so for a Lease for years, 7 Rich. 2.  
Tenants in Common make a Lease rendering rend, they ought to Join, Littleton. 72.  

Ordinary.  The ordinary shall not have Debt because he hath not absolute interest in the thingso●● the intestate, Coke. 9 part. 33. Hensloes' case, Nat. br. 120. D.  

Parson.  Parson shall have Debt for not setting out of Tithes, 2 Edw. 6. Cap. 13.  

Physician.  Physician shall have Debt for physic and Diet. Lib. intra. 187. B. sect. 1.  

Recusant.  Recusancy shall be pleaded in disability for such Lands and tenements which are not seized into the King's hands, 3. Jac. cap. 5.  

Robbery.  The party robbed shall have an action against the Hundred per 27 Eliz. cap. 13.  
But he ought to bring his action within the year after the Robbery, 27 Eliz. cap. 13.  
And the day of the Robbery shall be accounted parcel tell of the time, Pasch. 15. Jac. come. Ban. per 2 Justices.  
Steward retained by word for such a sum 
Steward.  per annum, shall have debt, 8 Eliz. Dyer. 248. pl. 79. Coke. 4. part. 30. A.  

Servant.  Servant shall have debt for his salary, 11 Hen. 6. 10. pl. 20.  
One retained in England to do service beyond the sea shall have debt in England where the retainder was, Nat. br. 120. E.  
Servant retained by a Corporation without deed shall not have debt for his salary, 4 Hen. 7. 6. Com. 91. B.  

Successor.  One sole Corporation shall not have a personal thing in Succession, Coke. 4. part 65. A. Fulwoods' case. 19 Hen. 6. 44. pl. 94. 20 Edw. 4. 2. vide 32 Hen. 8. Dyer. 48. pl. 14.  
Unless the Custom will warrant it, Coke. 4. part. 65. A. Fulwoods' case.  
But a Corporation aggregate shall have an Action, Coke. 4. part. 65. A. 20 Edw. 4. 2.  
Master of an Hospital recovers damages, the successor shall have them, 19 Hen. 6. 44. pl. 94.  
Abbot recover damagess in battery and is removed or created Bishop, his Successor shall have them because he recovered them but to the use of his house 22 Hen. 6. 4. B.  
A. is bound to an Abbot sole, the successor shall have Debt, 47 Edw. 3. 23. pl. 57 The count Lib. intra. 179. A. sect. 7.  
An obligation made to Churchwardens their successors shall not have an action being there executors.  

Surgeon.  If A. contract for B. with the Surgeon for so much as should cure him, if B. die the surgeon shall have debt against him, for it is a good contract, 37. Hen. 6. 9 A. Moyle. 
Vendor.   
If I. sell a horse and earnest is given or day set I. shall have Debt for the money, 14 Hen. 8. 19 br. contract. 15. Coke. 3. part. 22. A. Walkers case.  
If I. sell a Manor Debt lieth for the money, and yet the vendee cannot enter before 
Shrive.  livery, 37 Hen. 6. 8. pl. 18. Prisott.  
The sheriff shall have debt for his fees, Trin. 14. Jac. Ban. Regis. Shrieve of London against 
Use.  Michael. per 28 Eliz. cap. 14.  

Outlawed person.  If A. gives money to B. to carry to C. yet C. shall have debt, count, Lib. intra. 159. sect. 1.  
Outlawed person shall not have debt, 16. Edw. 44. 7 Hen. 4. 1. pl. 6.   

Against whom Debt lies.  

Abbot.  Abbot shall be charged for debt due by him which enters in Religion, Nat. br. 121. O. 5. Hen. 5. 8. pl. 18.  

Accountant.  But the 45 Edw. 3. 10. pl. 1 to the contrary.  
If Accountant be found in Arrearages Debt lies against him. 
Administrator.   
Debt at the common law against the Committees of the Ordinary, but this was by the name of executors, and only for goods which came to their possession, 38 Edw. 3. 26. 42 Edw. 3. 2. Coke. 9 part. 39 B. Hensloes' case.  
But by 31 Edw. 3. Cap. 11 they are chargeable by the name of administrators in the same manner as executors are, 38 Edw. 3. 2. pl. 3. 41 Edw. 3. 2. pl. Coke. 9 part. 39 Hensloes' case.  
Plene administravit special, No. Lib. intra. 269.  
Recovery against one administrator upon a nihil dicit no plea in debt against all, Hill. 38 Eliz. Com. Ban. Furthow versus Furthow.  
If an Administrator wast the goods, and after the Administration is dissolved, and granted to another, Debt lies against the former, Coke. 6. part. 18. et 19 Packmans' case.  
A. being executor of his own wrong takes Administration quaere how he shall be sued, Crook. 127. pl. 91.  

Assign.  Termor assigns his term to another the lessor shall have Debt against the assignee; Coke. 3. part. 25. B. Walkers case.  

joint-tenant.  If two joint-tenants of a Term, the one assigns to B. the other dies, debt lies for the rent against the assignee, & the executor of the dead for rent after his death, for it shall be mischievous to compel the Lessor to bring several actions, Mich. 14. Jac. Ban. Regis. Bailiffs and Burgesses de Ipswiches, case.  

Attorney.  If an Attorney suffer another to follow any matter in his name he forfeits 20 l. and the party grieved shall have Debt., per. 3. Jac. cap. 7.  
Debt lies against a person attained, Mich. 38. 
Attainder  et. 39 Eliz. Com. Ban. Banister et Trussells case. No. Lib. intra. 148. A.  

Baylee.  If I. deliver money to deliver over for Merchandise, or to give in Alms or upon Condition to be performed to redeliver, if the party breaks the trust, debt lies, 28 Hen. 8. Dyer. 22. pl. 135. 11 Hen. 6. 39 pl. 31. 42. Edw. 3. 9 pl. 7, Crook. 21 Hen. 7. 69. pl. 2. per Frowicke.  

Husband.  If the husband give authority to his wife he shall be charged by contract made by her, otherwise not, Nat. br. 120. G.  
Unless it be for a apparel convenient for his wife, 11 Hen. 6. 30. B.  
For unless it be convenient he shall not, 7 Eliz. Dyer. 234. pl. 17.  
The husband alone shall be charged for arrearages of rent-service in his time, Nat. br. 121. C. Crook. 125. pl. 83.  
And so of a rent-charge. Coke. 4. part. 49. B. 26 Edw. 3. 64.  
But for an obligation made by the wife afore coverture he shall not be charged after the death of the wife, Nat. br. 121, C. 120. F. 49 Edw. 3. 25. B. 20 Hen. 6. 22.  
Unless recovery be between them during the life of the wife, Nat. br. 121. C.  
A woman covert being sole Merchant may be sued in London by the custom without the husband but not in come. Ban. 9 Edw. 4. 3.  
And his wife covert by the name of his wife foal are obliged, it lies not against the wife because it is void, 14 Hen. 4. 30. pl. 39  
Husband and wife are bound, the husband alone shall besued; because it is void against the wife, 43 Edw. 3. 10. pl. 31. 45. Edw. 3. 11. pl. 7. 3 Hen. 4. 1. pl. 4.  

Husband and wife.  Debt lies against the husband and wife for rent upon a lease to the Husband and wife, 45 Edw. 3. 11. pl. 7.  
So if it be that they double the rent, 45 Edw. 11. pl. 7.  
But not if it be with nomine poenae, 45 Edw. 11. pl. 7.  
When a woman in debt takes a husband they both shall be sued, Coke. 5. part. 36. A. 12. Hen. 4. 1. pl. 1. Nat. br. 120. F.  

Conusor.  Debt lies against a counsor of Statute Merchant, Staple or Recognizance. Nat. br. 122. D. 11 Hen. 6. 49. pl. 7. Coke. 3. part. 15. Harberts' case. 36 Hen. 6. 2. pl. 2. 22 Eliz. Dyer. 369. pl. 52. 39 Hen. 6. 3. pl. 5.  
Debt lies against a Customer after Liberate 
Customer.  delivered to him if he hath assets, Nat. br. 121. F.  
So after a Tallee delivered, 27 Hen. 6. 9 pl. 1.  
So against a Collector of Tyths and fifteen, 37 Hen. 6. 15. pl. 5.  

Enfant.  Debt lies against an Enfant for Tabling & apparel, 18 Edw. 4. 3. A.  
For Rent upon a Lease for years, 21 Hen. 6. 31. B.  
For an Escape if he be a Gaoler, Doct. & stud. 147. B.  
For a thing as executor, Coke. 5. part. 27. B. russel's case.  

Executor.  Debt lies against an executor although he be not bound, 45 Edw. 3. 17. pl. 4.  
Debt by the daughter against the executor of her father which had levied aid to marry her, per Westm. 1. cap. 35. Nat. br. 83. A. et 122. G.  
Debt lies against executors of the Ordinay which will not deliver the administration to another, Nat. br. 120. D. come 280. A.  
Debt lies against an executor of an heir, Lib. intra. 172. C. sect. 4. 18 Eliz. Dyer. 344. pl. 1.  
Against an executor of a sheriff for not returning a Knight of the Parliament, 23 Hen. 6. cap. 15.  
Debt against an executor of his own wrong. Coke. 5. part. 30. Coulters' case. et. 33. et. 34. Reads case.  
And the count was general although he took letters of administration.  
Executor shall not be charged upon surplusage of account, Coke. 9 part. 87. A. Pinchons' case, because the testator may wage his law, 29 Edw. 3. 26. 22 Hen. 6. 41. 38. Hen 6. 6. 14 Hen. 6. 24.  
But if an executor assign Auditors they shall be charged in debt for the surplusage, 10 Hen. 6. 24. pl. 84.  
If an executor account debt lies for the Arrearages, 2 Hen. 4. 13. pl. 2. 19 Hen. 6. 5. A. Fortescue.  
Executor shall not be charged for arrearages upon an accout before the same party, Lib. intra. 149. B. sect. 3.  
But for Arrearages before Auditors he shall, because Auditors are Judges of record, per Westm. 2. Lib. intra. 149. B. sect. 5. the count there.  
Debt against an executor for Arrearages of an Annuity after it is determined, Lib. intra. 151. C. sect. 1. 45 Edw. 3. execution 71.  
Debt against an executor, Outlary in the testator no bar, 14 Hen. 6. 14. 21 Hen. 6. 3. quaere 3 Hen. 6. 17.  
But an Outlary at the time of the death a good bar or where he was a Villain to the King 8 Edw. 4. 6. pl. 7. Doct. et Stud. 11. 12. 36 Hen. 6. 27. pl. 38.  
Debt lies not against an executor upon an escape unless Judgement be given against the Testator, 10. Eliz. Dyer. 271. pl. 26. 15 Eliz. Dyer. 322. pl. 15. 41. Assiz. 15. Coke. 9 part. 87. A.  
It lies not against an executor upon a taylee ensealed by the Testator, 12 Hen. 4. 23. 25 Edw. 3. 40. pl. 9  
It lies not upon a simple contract but if he plead in bar and it be found against him it shall, come. 182. A. 10 Hen. 6. 24.  
So in London, by Custom, 1 Edw. 4. 6.  
Lessee for years grants his Term, his executor shall not be charged for Rent due after his death, Coke. 3. part. 24. A. Walkers case.  
Debt for one retained according to the statute it lies against the executor without specialty, 2 Hen. 4. 14. 4 Hen. 6. 19  

Goaler.  Goaler refusing one committed by the College of Physicians forfeits double the Fine, per Marleb. 1. cap. 9  

Heir.  If a man Levy Aid for the marring of his daughter and dies, if his executors have not sufficient, Debt lies against the heir. Nat. br. 83. A. per Westm. 1. cap. 35. Nat. br. 122. G.  
Debt lies against an heir upon the obligation of his father if he hath assets and be bound, Nat. br. 120. C. et 1  
But if he alien the Assetts before the Action brought he shall not be charged, Coke. 5. part. 60. A. Regist. orig. 140. A. 27 Edw. 3. 7. B. 10 Hen. 4. pl. 14. 19 Hen. 6. 46. pl. 95. 42 Edw. 3. 10. pl. 12. 48 Edw. 3. 32. pl. 22.  
Unless it be fraudulent to deceive creditors Coke. 5. part. 60. Gooches case.  
And if they be heirs in Gavill kind they shall all be charged, 7 Eliz. 239. pl. 39 Dyer. the count Lib. intra. 208. D. 11 Edw. 3. debt 7.  
But if all alien but the eldest he shall be charged sole.  
The count against an heir, Lib. intra. 172. B. sect. 1. No. Lib. 126. B.  
The count needs not show that he hath assets, for it shall be intended unless the contrary be showed, 18 Eliz. Dyer. 344. pl. 2. 11 Hen. 6. 2. pl. 6.  
But nothing by descent in fee-simple is a good bar by him, Lib. intra. 172. B. sect. 1. the day of the purchase of the writ,  
But debt lies not against an heir upon a statute Merchant, Staple or Recognizance because he is not bound, Coke. 3. part. 15. A. Harberts' case.  
Goaler suffers an escape, his heir shall not be charged, 15 Eliz. Dyer. 322. pl 25.  
Grandfather, father and son or father and his two sons or Grandfathers two sons who have two sons the heir mediate shall be sued in debt as well as if they were immediate heirs 22 Eliz Dyer. 368. pl. 14. 7 Eliz. Dyer. 239. pl. 39  
Right shall not be assetts.  

What shall be assets to the Heir.  Disseisee obliges him and his heirs and dyes, this is not Assets; for it is but a Right discened, Pasch. 6. Jac. come. Ban. Molineux versus Molineux.  
Right without an estate in possession Reversion or remainder is not Assets until it be reduced into possession, Coke 6. part. 58. Bredimans' cases  
Land in ancient demeasue shall be assets, 7 Hen. 4. 14. pl. 11.  
Coppyhold Land is not assets to the heir Coke. 4. part. 22. A.  
If an heir alien bona fide before the Action brought it shall not be assets' Coke. 5. part. 60. A. Gooches case. 27 Edw. 3. 78. pl. 16. 10 Hen. 7. 8. pl. 17. 19 Hen. 6. 46. pl. 95. 42 Edw. 3. 10. pl. 12. 48 Edw. 32 pl. 22.  
If Land descend to the heir although he enter not yet▪ it is assets, 42. Edw. 3. 10. pl. 12.  
The Grandfather makes a feoffement in Fee to the use of the heir of his body and dies per 26 Hen. 8. the father enters and obliges him and his heirs and dice, quaere 182. Marie. Dyer. 111. pl. 46.  
Reversion expectant upon an estate Tail is not assets because it lies in the will of tenant in tail to Dock and bar it at his pleasure, Coke. 6. part. 58. B. Bredimans' case. et 42. A. Mildmays case.  
Franktenement descendible express is not assets Coke. 10. part. 98. A. Seymors case.  
Rentseck. descendable is not assets until seisin, Coke. 6. part. B. Bredimans' case.  
If the heir had not Assets in debt and afterwards assets come to his hands the first judgement is no bar of the action, 19 Hen. 6. 37. A. Markham.  
The profits of the heir at the time of the descent are sufficient and this showed to the Court and the heir cannot deny it there shall be a general judgement against him, per Dyer. 18. Eliz. Dyer. 344. pl. 1.  
The heir confesses the action, and says that he had nothing but a Reversion descended to him, there the Plaintiff shall have judgement to recover the said reversion, to be levied when he comes in possession and shall have a special writ of extent, 23 Eliz. Dyer. 373. pl. 14.  
If the father recover and error be brought against the son and a recovery against him he shall not render damages unless he hath assetts of other Land in Fee-simple.  

Hundred.  If one be robbed he shall have debt against the Hundred, per 27 Eliz. cap. 13.  

Lessee.  Debt lies against a leessee at will for rent during the Term, Coke. 5. part 10.  
So against a lessee for years, Nat br. 120. H.  
And this during the term, Coke. 4. part.  
Or after the term ended by effluction of time, Coke. 3. part. 23. B.  
By limitation, By condition in law, In deed, Common Law, Nat. br. 120. H. Statute Law ' 19 Hen. 6. 42. A. waist, Nat. br. 120. H. reentry Coke. 3. part. 23. B. Walkers case. 30 Edw. 3. 7. 17 Edw. 3. 48. et fol. 73. pl. 107.  

Life.  It lies not against tenant for life so long as his estate continues, Coke. 4. part. 49. A. 11 Hen. 6. 14. pl. 4.  
But yet by the Statute, 32 Hen. 8. cap. 37. the executors of a Lessor shall have debt during the est ate for life, Coke. 4. part.  

Master.  Debt lies not against the Master upon the buying of the servant unless it comes to his use or by his assent, Doct. et Stud. 137. A.  

Ordinary.  Debt lies against an Ordinary when a man dies intestate Nat. br. 120. D. Coke. 5. part. 83. A. Snellings case. et 9 part. 39 B. 11 Hen. 7. 1 2. 9 Edw. 4. 33. Danby. 18 Hen. 6. 23. come. 277. 8 Eliz. Dyer. 247.  
The Ordinary administers, and then grants administration, yet debt lies against the Ordinary, but it was said that such administration ought to be alleged in the Diocese of the ordinary, 12 Rich. 2. Administrator 21.  
But note no Debt lies against the ordinary after that he hath committed administration to another, 8. Eliz. Dyer. 247. pl. 73.  
Debt was brought against the father for the 
Father.  sons commons in a College in Oxon although the father had delivered it to the Tutor of the son, Pasch. 9 Jac. Ban. Regis. St. john's in Oxford. against Brickenden.  

Pledge.  Debt lies against him that becomes pledge without deed, Nat. br. 122. K. 18. Edw. 3. 13. pl. 7. Finchden.  
A. borrowed of B. 20 l. to pay it at Michaelmas, at which day D. prays B. to take him for Debtor, and gives him day over and obliges him to pay it, by one Tally ensealed, Debt lies not against D. because A. was not by this discharged, 44 Edw. 3. 21. pl. 23. 
Purveyor.   
Purveyor contracts for fat wares for the king & makes a bill of receipt to the use of the King, and for this obliges him to pay, but seals it not, he shall be charged by Assumpsit, and the King by debt and by no other way, 8 Eliz. Dyer. 
Receivor.  230. pl. 56.  
Debt lies against a Receivor which takes more than he ought, per 7 Edw. 6. cap. 6. Lib. 
Successor.  intra. 191. B. sect. 1. come. 201. Stradlings' case.  
Abbot shall be charged with the borrowing of his predecessor if it come to the use of his house, Nat. br. 121. K. Lib. intra. 152. A. sect. 1.  
The count shall be general, Coke. 7. part. 10. B. Vghtreds case. 
Society.   
Praecipe societati Lombardiorum London mercatorum de Florentia, and this was good, 19 Hen. 
Shrive under sheriff.  6. 80. pl. 11.  
Debt upon an escape of one in execution upon an account, it lies per Westm. 2. cap. 11. and of the debtor, per 1 Rich. 2. cap. 12.  
For not returning a Knight of the parliament, per 23 Hen. 6. cap. 15. the count come. 118. Buckleys case. Lib. intra. 186. A. sect. 1.  
Shrieve takes an obligation for an Appearance of the defendant which not appears, yet debt lies not against the sheriff, by the plaintiff, Trin. 13. Jac. come. Ban. 
Outlawed person.   
It lies against a person Outlawed, Mich. 38. et. 39 of Eliz. come. Ban. Banister. versus Trussell. No. Lib. intra. 248. A. 7 Hen. 6. 10.   

For what things Debt lies.  

Lent.  It lies for money lent to another, Nat. br. 119. G.  
Of a horse lent till such a day and then to give 10l. or the horse after the day, debt lies for the one or the other. Nat. br. 121. B.  
A. borrowed money for the servant, debt lies not against the Master unless it came to his use by his assent, Doct. et Stud. 137. A.  

bailment.  To deliver to redeliver debt lies, 28 Hen. 8. Dyer. 22. pl. 135. 11 Hen. 6. 39 pl. 31. 4 Edw. 3. 9 pl. 7. although the receipt be not by deed.  
To deliver to redeliver over to another if it be not performed debt lies, 28 Hen. 8. Dyer. 22. pl. 135. 11 Hen. 6. 39 pl. 31. 42 Edw. 3. 9 pl. 7. Mich. 40. 41. Eliz. come. Ban. Britons case.  
But 6 Hen. 4. 8. pl. 33. if A. ought to pay an Annuity in fee. to B. and deliver money to C. to pay to B. yet B. shall not have debt against C.  

Contract.  Lease for life of another debt lies not for the Rent during the term, Coke. 4. part. 49. A. Ognels case.  
But by the 32 Hen. 8. cap. 37. the executors or administrators shall have debt during the estate for life, Coke. 4. part. 49. A.  
But after the estate ended, debt lies, Coke. 4. part. 49. A.  
So it is by the death of the Lessee, Coke. 4. part. 49. A.  
Or by Limitation.  
Or by condition. in deed 39 Ewd. 3. 22. pl. 11. Nat. br. 120. H. Coke. 23. B. 6 Hen. 7. 3. 30 Edw. 3. 7.   in Law. Statute Law. 19 Hen.   Common 42. A.   Law. wast.  
Lease for years by a bailie the master shall have debt for the Rent, Lib. intra. 174. D. sect. 3.  
Corporation made a lease for years rendering to P or 20. days after verdict, it was moved that they showed not the deed, sed non allocatur because it was after verdict, 2 good although they had brought debt for the rent for 6. years ended to P. and not 20 days after, Mich. 9 Jac. Ban. Regis. Baldry. defendant in debt by the Corporation of Brewers.  
Bargainee of a reversion in debt for rent, aught to show in what court the deed was enrolled, Mich. 9 Jac. Ban. Regis. Welby et Purley.  

Agistment.  Debt lies for the agistments for Cattle for so long time as they went, Lib. intra. 150. A. sect. 1. count Lib. intra. 151. A. sect. 1.  

Marriage money.  A. promises 20 1. to B. to marry his daughter, B. shall have debt, Nat. 120. K. count Lib. intra. 178. A. sect. 1. 37 Hen. 6. 8. pl. 18. 16 Hen. 3. prohibition 22.  
But if he promise 20l. in marriage with his daughter he shall not have debt but sue in court christian, Nat. br. 50. S. 16 Hen. 3. pro. 22. vide Regist 46. B.  
But if it be by deed. then see, 45 Edw. 3. 24.  

Regula.  Bracton. Lib. 5. cap. 16. Sic de rebus datis vel promissis ob causam matrimonii principaliter, et sic de rebus quae accidunt matrimonio ut si pecunia promissa fuerit, ob causam matrimonii, quia ejusdem juris id est, et jurisdictonis esse debet accessorium cujus est principale  

Partition.  Partion, one promiseth the other 20 l. for equality of partition, debt lies for it, Nat. br. 
Rend upno a personal thing.  122. H. 14 Edw. 3. Debt. 137.  
If a persoval thing be leased rendering rend debt lies for it, Coke. 3. part. 22. A. Walkers case.  

Salary.  Attorney shall have debt for his fees and for fees of counsel, and costs of suit, Nat. br. 121. L. Count Lib. intra. 202. B. sect. 6.  
A counsellor shall have debt for his fees, 3 Hen. 6 33. pl. 26. 21 Hen. 6. 4. pl. 6. but then he ought to count that he was of his counsel or was ready, 37 Hen. 8. B.  
But 31 of Hen. 6. 9 B. Fortescue. sergeant at Law shall not have debt for his fees.  

Servant.  Shall have debt for his salary, Coke. 9 part. 87. 3 Hen. 6. 42. 11 Hen. 6. 48. although it be to do his service beyond the sea, Nat. br. 120. E.  
The Count, Lib. intra. 201. D. sect. 1.  

Steward.  Steward retained by word shall have debt, 8 Eliz. Dyer. 248. pl. 79. Coke. 4. part. 30. A.  
Count for a chaplain, Lib. intra. 153. B. sect. 11.  
Count for a Priest, Lib. intra. 202. B. sect. 5.  
Count for one retained, etc. Lib. intra. 203. B. sect. 12.  

Surgery.  I. promise to a Surgeon 40 s. to cure B. he shall have debt because it is a good contract, 37 Hen. 6. 9 A. Moyle. 
Tabling.   
Debt lies against him that Tables with me, 27 Edw. 3. 87. pl 37. 9 Edw. 4. 1. The count lib. intra. 153. B. sect. 10. et 177. D. sect. 1.  
Goaler shall have debt for tabling of a Prisoner, Coke. 9 part. 87. B. 28 Hen. 6. 4. pl. 21.  
Innkeeper shall have debt for Lodging or victual, 39 Hen. 6. 18. pl. 24.  

Tabling. and physic.  Physician shall have debt for tabling and physic, Lib. intra. 187. B. sect. 1. vide the count there.  

Taylor.  If I. put my Cloth to a Tailor to make a garment he shall have a special action for the putting of the cloth is a sufficient contract in Law, Coke. 8. part. 147. Carpenter's case.  
But not a general action of debt without a contract in deed, ibidem  

Vendition.  If I buy a Manor Debt lies for the money yet I shall not have it before Livery, 37 Hen. 6. 8. pl. 18. Prisot.  
I bargain for a horse Debt lies for the money, 14 Hen. 8. 19 br. contract, 15. Coke. 4. part. 94. B. Slades case.  
If a man makes an obligation for debt due by contract debt▪ lies not upon the contract, Nat. br. 121. M. Coke. 6. part.  
Because the obligation drowns the contract.  
Upon an emisset of several ways, the count, No. Lib. intra. 125. B.  

Servant.  If I. give authority to my bailie or servant to buy for me debt lies against me, Nat. br 120. G. Doct. et Stud. 137. A. 6 Eliz. Dyer. 130. pl. 56. 2 Rich. 2. Debt 13.  
And so if he bought it without command if it come to the use of the Master by his assent, Doct. et Stud. 137. A.  
And likewise if he bought it in his own name and it comes to the use of his Master it lies against his Master, ibidem.  
So if the bailie which used to sell, sold a horse for twelve bushels of wheat, this is good and the master shall have debt, 27 Assiz. pl. 5.  
The servant sells, the Master agrees, this is the sale of the Master, debt lies, 27 Hen. 8. 25. B. Fithams.  
A factor receives money and gives a bill of exchange if the Master accept the bill by it he becomes debtor by the custom, Trin. 43 Eliz. come. ban.  

Wife.  The wife buys a thing the husband agrees this is the emption of the husband, 27 Hen. 8. 25. B. Fittiams.  

Voluntary per Cryer.  One condemned taken in Westminster hall kept by a crier assigned which suffers him to escape, debt lies not, 1, because it was no prison, 2 because he had no command by writ, 33 Hen. 6. 55. pl. 50.  

Shrieve.  If a prisoner escape by assent although the sheriff take him again yet debt lies, Coke. 3. part. 44. Boytons' case. 19 Hen. 4. 10.  
Unless the sheriff brought one per habeas Corpus then if he had him at the day it sufficeth Coke. 3. part. 44. Boytons' case.  
Unless the party be in execution, Coke. 5. part. 89. Frosts case. 7. Hen. 4. 30.  
Or upon a capias ad satisfaciendum although the writ be not returned, Coke. 3. part. 52. Rigwayes case.  
And if it be returned and had not the body debt lies, 7 Hen. 4. 11. br. return 107.  
A writ of privilege for a Burges of Parliament the sheriff suffers him at large debt lies not, 36 Hen. 8. Dyer. 6. pl. 17. 1. Jac. 
Negligent escape per Shrieve.   
If one be taken by a capias utlagat. after the year and escape debt lies, Coke. 5. part. 89. Frosts case. 88 B. Garnons case. vide 7 Hen. 6. 5. in forgery.  
The ancient Shreeve makes no mention of one in execution this is an escape in the old shreeve, but not in the new, but if the old sheriff die the other aught to take notice, but if the escape be in the vacancy debt lies not, Coke. 3. part. 71. & 72. Westbyes' case. 10 Edw. 3. 375. pl. 28.  
If one be in execution yet debt lies against the sheriff, 7 Eliz. Dyer. 241. pl. 47. 16 Edw. 4. 3. pl. 7.  
The Plaintiff and chief Justice assent for one time and after he suffers an escape debt lies, 10 Eliz. Dyer. 275. pl. 46.  
A capias upon a recognizance in chancery the party taken escapes, debt lies Coke. 8. part. 142. Druries' case  
The count was that 6 were in execution and escaped and the doubt was whether they might count for one only and by the better opinion it was good, Crook. 26 Hen. 7. 67. pl. 11.  
If one be marshal whether it be by right or 
Martial.  wrong debt lies against him, 39 Hen. 6. 33. A.  
Count that he was in execution in C. and removed and committed to the Marshal which suffers him to escape debt lies, 38. Hen. 6. 28 pl. 10.  

Deputy.  Deputy of a Marshal suffers an escape, debt lies against him, 11 Eliz. Dyer. 278. pl. 5.  

Mayor de Staple.  Debt lies against a Mayor of the Staple upon a recognizance taken before him, 5 Hen. 6. 11 Hen. 6. 49. B. 12 Hen. 6. 2. pl. 9  
The count, Lib. intra. 171. D. sect. 6.  

Lord de Franchize  Deane and chapter of Paul's having return of writ and making a bailie that suffers an escape Action lies not against the deane and chapter because they are not baylyes, Pasch. 14 Eliz. come. ban.  

grant. penalty.  1. Nomine poenae granted this is casual and debt lies for it, Nat. br. 120. M. 2 Hen. 8. 8. Dyer. 24. pl. 149.  
And this is but hac vice if there be no other words, 32. Hen. 6. 10. A. billing.  
And so upon any grant hac vice certain or uncertain.  

Annuity.  2. Annuity or rent charge granted for years debt lies not during the term, But the 5 Edw. 4. 42. B. debt lies.  
But against a customer it lies if it be to be paid out of the customs of L. after delivery of a Liberate, Nat. br. 121. F.  
It lies for executors or administrators of the Grantee per 32. Hen. 8. cap. 37.  
And after the term ended it lies for the Grantee Lib. intra. 151. C. sect. 1.  

For Life.  3. Annuity for life debt lies not for this during life, 19 Hen. 6. 42. A. 37 Hen. 6. 35. A.  
But against a customer it lies, Nat. br. 121. F.  
Also if a Parson or Prebend, etc. hath such annuity & resign or be despossessed it lies for the arrearages, Coke. 4. part. 48. B. Ognels case. For by his resignation he is merely personal.  
So his executors shall have debt by the common law, Coke. 4. part. 49. A. 22 Eliz. Dyer. 37. pl. 62. Coke. 10. part. 61. B.  
But if it be a Rent-charg seck or service debt lies not for any so long as the estate continues Coke. 4. part. 49. A. Ognels case.  
Although it have Continuance but to a special intent, Coke. 7. part. 39 B.  
But after it be determined debt lies for the party or his executor, Coke. 4. part. 49. Ognels' case. Nat. br. 121. E. Coke. 4. part. 49. Ognels' case. 27 Hen. 6. 1. pl. 4. because the realty is resolved in the personality.  

In Tail.  4. Annuity in Tail general or special debt lies not during the annuity, Coke. 4. part. 48. B.  
So of a Bent-seck, service or charge.  
But if the estate be determined, quaere.  
But by the 32. Hen. 8. cap. 37. the executor or administrator shall have debt for the Arrearages.  

Annuity or Rent in Fee.  Annuity in fee during the annuity debt lies not, Coke. 4. part. 48. B. 6 Hen. 4. 7. pl. 33.  
Unless it be in a special case as when a parson or prebend resign, Coke. 4. part. 49. A. Nat. br. 121. D. 19 Hen. 6. 41. & 42. Nat. br 121. H.  
So if a parson dies his executors shall have debt, Nat. br. 120. L. Coke. 4. part. 49. A. 37 Hen. 6. 8. pl. 18.  
And by the 32 Hen. 8. cap. 37. the executors or administrators of every one.  
But after the Annuity determined every one shall have debt, Coke. 4. part. 49. A. 45 Edw. 3. 45. execution 71  
    Parliament.     Ban. Regis. Judgement given.   Superior. Chancery. In Court of Record.  Com. Ban.  Exchequer.   Prescription.  Custom.   Inferior by Patent.   Common-Right.  Court Baron. For principal. Not of Record.  County. For damages and losses.   Ancient Demesn in any Manor. For Fine or Amerciament.   Merchant▪  Out of. Court Statute. Staple.    Accord to 23 Hen 8.   Recognizance.   Account at common law.   Arbitrament.    By law or Ordinance.   

Judgement given in debt for the principal.  If a man brings debt, upon a recovery in come. Ban. he ought to bring it in Middlesex, wherethe record is, because it is the Original, but a scire facias to execute one Judgement shall be where the Original was, because it ought to follow it, Hil. 9 Jac. Ban. Regis. Musgrave versus Wharton.  
Arrearages recovered in a scire facias upon Judgement in annuity against the predecessors debt lies upon it, Nat. br. 122. E. 22 Edw. 4. 1. pl. 6.  
Debt recovered in court of Pypowders, and debt brought upon it in come. ban. super tenorem recordi, and good, 7 Hen. 6. 19 
For damages and costs.   
If a man recover damages in w●st he shall have debt for the damages, Nat. br. 122. C. 43 Edw. 3. 2. pl. 5. the count Lib. intra. 197. C. sect. 15.  
Debt for damages in Assize 32 Hen. 6. 29. pl. 23. but then this aught to agree with the Record, the count, Lib. intra. 194. D. sect. 7.  
So for damages in a Mort-dauncester, 46 Edw. 3. 25. pl. 10.  
The Plaintiff in come. ban. is nonsuited and the record removed by writ of error the defendant shall have debt for his costs, 29 Hen. 8. Dyer. 32. pl. 5.  
Damages recovered in ancient demeasne and the tenor of the record was removed by Cerc●orari, debt lies upon it for the damage, 39 Hen. 6. 3. pl. 5. count Lib. intra. 195. C. sect. 11.  
Damages recovered before the Mayor of Hull debt lies there, 11 Hen. 4. 12.  

Fine.  Debt lies for a fine, Coke. 8. part. 41. B. Greisleys case. 7 Hen. 6. 2. B.  

Amerciament.  Debt lies for an amerciament in a Leete, Lib. intra. 151. B. sect. 1. 23 Hen. 8. br. Leete. 37. The count Lib. intra. 151. B.  
Debt. lies in a Court barron, No. Lib. intra. 
Judgement out of Court as statute.  118. B. sect. 1.  
Debt lies upon a Statute Merchant, Staple and according to the 23 Hen. 8. Nat. br. 122. C. 11. Hen. 6. 49. pl. 7.  

Recognizance.  Debt lies upon a Recognizance, Nat. br. 122. C. 11 Hen. 6. 49. pl. 7. Eliz. Dyer. 306. pl. 63. The count Lib. intra. 192. B. sect. 1.  
Or upon the tenor of the Recognizance, 39 Hen. 6. 3. pl. 5. 22 Eliz. Dyer. 369. pl. 52.  
So upon a Recognizance taken before the Mayor of Hull. 36 Hen. 6. 2. pl. 2.  
Debt brought upon a Recognizance after the Recognizance and afore the enrolment and good, Passc. 43. Eliz. come. ban.  

Account at the common law.  Debt lies upon arrearages of Account at the Common law, the count Lib. intra. 149. A. sect. 1.  
Also a Bailie shall have debt upon the surplusage of account, Nat. br. 121. I. 38. Hen. 6. 5. 19 Edw. 2. Debt. 176.  
He ought to count the place and day where the Auditors were assigned, Hil. 32 Eliz. come. ban. Lord Dacres case.  
But if the Lord will not hear his account he hath no remedy for the surplusage, 7 Edw. 3. 12. per Herle.  
But not by a Receiver, 38. Hen. 6. 5. pl. 14. Mich. 12. Jac. ban. Regis. Countess de Suffolk. versus Floyde.  
But a receiver for Merchandise shall have it, 38 Hen. 6. 5. Prisott et Moyle.  

Arbitrament.  Debt lies upon an Arbitrement, Nat. br. 121. G. Coke. 9 part. 92. B. the count Lib. intra. 153. C. sect. 1.  

By laws or ordinances.  Debt lies upon an ordinance or by law, Coke. 5. part. 64. A.  
A Pain upon one in a leete to reform a nuisance and afterwards it is presented that it is not done the Lord shall have debt, 23. Hen. 8. br. Leete 37.  
Penalty inflicted upon one in London per the common counsel debt lies for it in Ban. Regis. 
Matter in law, as for▪ Aid.  Mich. 9 Jac. ban. Regis.  
Debt lies for the daughter for Aid to marry her, Nat. br. 83. A. et 122. G. 
For an Annuity against a Customer etc. after delivery of a Liberate.   
A man having an annuity of the King, delivers a writ to a customer which hath assets he shall have debt, Nat. br. 121. F.  
So if he deliver a Tall to a customer, 27 Hen. 6. 9 pl. 1.  
So if he deliver a Tall to a collector of tenths and fifteen, 37 Hen. 6. 15. pl. 5.  

Pro rationabili parte bonorum.  Debt pro rationabili parte bonorum where the custom gives such part, Nat. br. 122. L. 3 Edw. 3. Debt 156.  
The count was that the son or daughter which is not heir nor preferred in the life of the father shall have a reasonable part and shows the things to the value, etc. Lib. intra. 564. B. sect. 1,  
But shall not have this writ but where such custom is, 40 Edw. 3. 38. pl. 13. Mowbray. 7 Edw. 4. 20. pl. 23.  
For it cannot be founded upon Magna charta cap. 8. because it is but only foreprised, Regist. orig. 141. B. 30 Edw. 3. 26. A. Seton.  
But other Books say it lies at Common-law, Nat. br. 122. L. Glanvil Lib. 12. cap. 20. 17 Edw. 3. 9 pl. 29.  
And the account is upon the common law, No. Lib. intra. 565. A. sect. 2.  
So debt lies where the custom is that the heir shall have the principal goods, 30 Edw. 3. 2. pl. 9 39 Edw. 3. 6. pl. 24. et fol. 9 pl. 15.  
Executor shall have debt for a relief because 
For a relief per executor.  it is but an improvement of the service, Coke. 4. part. 49. B. 34 Edw. 1. Avowry, 233. 11 Hen. 6. 15- pl. 4.  
And it is a chattel to the executor, 34 Edw. 3. Advowry, 233.  
But the Lord shall not have debt, Coke. 4. part. 49. B. 7 Hen. 6. 13. For it is no chattel to the Lord, 34 Edw. 1. Avowry 233.  

For Tolle.  Tolle shall be recovered by debt, 20 Hen. 7. 1. pl. 2. but vide librum et quaere.  

For Escuage▪  Debt lies for Escuage after that it is assessed per parliament for then it is a duty certain, Crook. 133. pl. 111.  

Simple. Obligation conditional.  Debt lies upon a simple obligation count, Lib. intra. 178. B. sect. 1.  
Vide versus Attorney vel sarvientum ad legem, fol. 174. D. sect. 5. et 6.  
Debt upon a bill to pay within a month after that the Plaintiff shall come from Jerusalem, he needs not give notice to the defendant because he is bound to pay it at his peril, Hil. 9 Jac. Ban. Regis. edmond's.  
Obligation with condition to perform covenants, No. Lib. intra. 130. B. sect. 14.  
Obligation to discharge and save harmless the sheriff of all escapes of persons in execution, A good breach to show that one was in execution, per capias, etc. and suffered him at large without showing 1 that he was at large, 2 without giving notice and request to save him harmless 3 without showing that the capias was returned, Trin. 12. Jac. come. ban. Norton versus Smyth.  
Upon a bill obligatory the count, Lib. intra. 178, B. sect. 1. 2. 3.  
Bill obligatory with condition, Lib. intra. 178. C. sect. 4.  
Debt upon an obligation made in England to be paid in Flanders, Lib. intra. 158. C. sect. 1.  
Debt lies upon a Tallee sealed, Nat. br. 122. I. 2 Rich. 2. Debt 4. vide 44 Edw. 3. 24. pl. 23.   

The writ in Debt, 1. In the county, 2. in Com. Ban.  

County.  Rex, etc. praecipimus tibi quod justicies A quod juste et sine dilatione reddat B. XXl. quas ei debet, ut dicitur, sicut rationabiliter monstrare poteret, quod ei reddere debeat, ne amplius inde clamorem audiamus Pro defectu Justitiae, etc. Regist. orig. 139. A. Nat. br. 119. H.  
In comitatu Pro debito semper dicitur quas ei debet, tantum et pro catallis detinet tantum, Regist. orig, 139. B.  
But for executors always in the detinet, ibidem. 
Administrator.   
If debt be by administrators all must be named, Regist. orig. 140. A.  
The Writ shall be Detinet only, Regist. orig. 139. B.  
If one recover against administrators, and bring debt upon the Record, the writ shall be detinet only, 11 Hen. 4. 56. pl. 2. vide 11 Hen. 6. 7. 16. 39 For by Newton, fol. 37. debet imports his proper debt being upon his own contract, 20 Hen. 6. 5. A. Fortescue.  

Husband and wife.  The writ shall be debet et detinet eyes, Coke. 5. part. 36. A. Walkots case. 12 Hen. 4. 1. pl. 1. 7 Hen. 7. 2. B.  
But the count shall be special, 7 Hen. 7. 2. B.  
So in debt against them for debt due before Coverture, 7 Hen. 7. 2. B.  

Against a collector.  Bill against a collector after that he hath accounted there aught to be nuper collector, 15 Edw. 4. 27.  

By executors.  Debt per executors the writ shall be detinet only, although the duty accrue in their time, Coke. 5. part. 31. B. Hargraves case. Nat. br. 119. M. Regist. orig. 140. A. for goods sold by them 19 Hen. 8. 8. 11 Hen. 6. 36. A. 20 Hen. 6. 5. B. for Rent due in their time.  
If they sell a thing and take an obligation, 17 Edw. 3. 64. pl. 78. 25 Edw. 3. 40. pl. 7. and this is to the use of the Testator.  
Et Regist. orig. 138. B. 9 Hen. 6. 11. B. 20 Hen. 6. 4. B. Paston.  
In ancient time in such case it was in the debet & detinet but not at this day because that debet supposeth a property which the executor hath not.  
All executors ought to join in debt although that some refuse the Administration, Regist. orig. 140. B. 22 Edw. 3. 19 pl. 8. 7. 41 Edw. 3. 22. pl. 10. 21 Edw. 4. 24. 36 Hen. 6. 8. Coke. 9 part. 37. Hensloes' case. 24. Edw. 3. 40. B. Thorpe. 19 Hen. 6. 31.  
Vide tamen, 38 Edw. 3. 9 pl. 7. L. where an executor sold goods and brought debt sole and it was awarded good.  
Executor and an executor of an executor join in debt and good, 7 Edw. 3. 261. pl. 22.  
But the, 28 Edw. 3. 92. pl. 11. Wilby. this is not Law. For 29 Edw. 3. 49. 23. the surviving executor shall have it sole.  

Wife executrix.  Wife executrix Debt by her and her husband the writ shall suppose both executors, 22 Hen. 6. 49. pl. 8.  
Feme covert executrix shall not have debt without the husband and sovereign, 8 Edw. 3. 330. pl. 48. 10 Edw. 3. 381. pl. 63. 21 Hen. 6. 30. pl. 17. Marke●am. Regist. orig. 140.  

Against executors.  The writ shall be detinet only, Nat. br. 119. M. Regist. orig. 139. B.  
But for Rent due in the time of the executor it shall be in the debet et detinet, Coke. 5. 31. Hargraves case. 7 Edw. 6. 81.  
A man being executor of his own wrong takes administration, quaere how he shall be sued, Crook. 127. pl. 91. A.  
It sufficeth to name them only that be administrators, Regist. orig. 140. A, et B. 19 Hen. 6. 31. Coke. 9 part. 37. Hensloes' case. 33 Hen. 6. 38. pl. 15.  
Debt against an executor which pleads another they both may plead another but the former only cannot, 29. Edw. 3. 11. pl. 32.  
Debt lies against an executor of right and wrong 39 Hen. 6. 45. pl. 19  
But not against an executor and executor of an executor, 41 Edw. 3. 13. pl. 3.  
Two executors administer and intermary debt lies against both 22 Hen. 6. 59 pl. 12.  

Heir.  The heir ought to be named, 30 Hen. 6. 5. pl. 2.  
But Regist. orig. 140. A. he was named heir in the count only and yet good,  
He was named heir apparent and it was erroneous, Pasch. 35. Eliz. Ban. Regis 242. Audley's case.  
It shall be against him in the debet et detinet and not in the detinet only because he hath assets in his own right, Coke. 5. part. 36. Walkots' case. Regist. orig. 140. A. come 441. A. Pepys case.  

Ordinary.  Praecipe A. epi scop. London. ad cujus manus bona et catalla quae fuerunt B. qui obiit intestat. ut dicitur devenerunt quod juste et sine, etc. reddat, etc. C. solidos quos idem B. ei debuit et praedictus epis cop. ei injuste detinet ut dicet et nisi, etc. Regist. orig 141. A. Nat. br. 120. D.  
Et ibidem vide the writ against an executor of the ordinary.  
But it lies not for the Ordinary, Nat. br. 120. D. Coke. 9 part. 39 Hensloes' case. tamen vide, the writ for the Ordinary in the Regist. orig. 141. A. 
Nota.   
Nota when a man demands money it shall be debet et detinet, Nat. br. 119. G.  
And if it be for any other thing it shall be in the detinet only, Nat. br. 119. G. Regist. orig. 139. B. 34 Hen. 6. 12. pl. 23.  
And the writ shall make mention of the value, 17 Edw. 3. 48. pl. 17. 29 Edw. 3. 39 pl. 14. et fol. 45. pl. 6.  
And if it be for silver or other things than it shall say 10 l. quas ei debet et injuste detinet, et 10 l. quarters of corn quae ei injuste detinet, Nat. br. 152. B. 3 Hen. 4. 13. pl. 20. 11 Hen. 6. 48. pl. 6. 12 Hen. 6. 1. pl. 3. vide 39 Hen. 6. 34. pl. 46. debt for 300 l.  
A man cannot demand 10 l. by one writ and 10 l. by another where the contract was for XX1. 1 Hen. 5. 6. B.  
For in Mich. 14. Jac. Ban. Regis. in the case of the Baylyes of Ipswich Houghton Justice said that A. was indebted to the King. in 3000 l. the King granted to B. 1000 l. parcel of it, yet B. shall not have debt for the 1000 l. as was adjudged in the Chequer, Int. York et Allen.  
A. was bound in 6 l. Flemish, quaere what writ he shall have, 34 Hen. 6. 12. pl. 23. 29 Edw. 3. 19 pl. 5.  
For Lib. intra. 158. C. sect. 1. the writ was 28 l. and the count of the bill, 19 l. 16 s. Flemish which is 14 l. English, and for the Remnant, etc.   

The Process in Debt, 1. before Appearance, 2. after appearance.  
At the common law the process was but a summons Attachment and distress in finite, Coke. 12. A. Harberts' case.  
But by 25 Edw. 3. cap. 17. capias was given for it yet the process is summons Attachment and distress, 3. capias and one exigend. 14. Hen. 6. 20. A.  
But if debt be in the county per Justices and the bailie return a nihil habet and afterwards this is removed quaere if a capias lies, 3 Hen. 5. 4.  

Nota.  Nota that a capias lies not upon a Recognizance, 23 Hen. 7. 100 pl. 1. Crook.  
Nor against a Peer of the Realm Coke. 6. part. 52, B. 11 Hen. 4, 15. 3 Hen. 6, 48. 29 Edw. 3, 30, pl. 40 et 42, pl. 3. 5 Edw. 4. 108. B.  
But if a bishop of Wales or Ireland be sued, upon a nihil habet returned A capias lies, ibidem.   


Account.  The Bar in Debt.  

For arrearages of account.  Debt lies for arrearages of account that he owes nothing a good bar, Lib. intra. 149. B. sect. 2.  

2. before auditors.  And this may be by wager in law because it is within the statute, 22 Hen. 6. 35. pl. 53. 9 Hen. 5. 3. pl. 9 43 Edw. 3. 1. pl. 3.  
And so if it be before an auditor, Coke. 10. part. 103. A. 4 Hen. 6. 25. pl. 3. 20 Hen. 6. 16. pl. 4. 13 Hen. 7. 3. B. Conesby.  

2. before auditors.  If it be for arrearages of account before auditors, imprisonment by auditors a good bar; but then he ought to be committed forthwith, 27 Hen. 6. 8. pl. 7. Coke. 8. part. 119 B. come 17.  
Non computa vit a good bar, 3 Mariae Dyer. 122. pl. 18.  
Nul tiel account, 34 Hen. 6. 22. A. Danby.  
Arbitrament for arrearages of account no bar because one is mater of record, 3 Hen. 4. 5. pl. 23. 4 Hen. 6. 17. 6 Hen. 4. 6. pl. 28. 8 Hen. 5. 3. pl. 13. Hull, 3 Hen. 6. 55. A.  
Auditors discharged by the plaintiff a good bar, Lib. intra. 150. A. sect. 9  
Obligation made to the plaintiff for arerages no bar, 11 Hen. 4. 79.  
Payment in another county a good bar, Lib. intra. 150. A. sect. 10.  
That he owes nothing per patriam, a good bar, Lib. intra. 150. A. sect. 1. 4 Mariae. Dyer. 145. pl. 63.  
That he owes nothing by the law no bar, because Auditors are Judges of record, 2. cap. 11. Coke. 103. A. Debounds case. 4 Hen. 6. 17. 8 Hen. 6. 5. 14 Hen. 19 pl. 21. 9 Hen. 5. 3. pl. 9  
But the Plaintiff may be examined and if it be fou●d that he is not in arrearages the defendant may wage his law, per statute, 5 Hen. 4. cap. 8. Coke. 10. part. 103. A. 8 Hen. 6. 10 et 15. 19 Hen. 6. 43. pl. 90. 20 Hen. 6. 32. Ashton.  
And if the plaintiff or his attorney refuse to be examined the defendant shall wage his law, 33 Hen. 6. 24. pl. 5.  
But if the executor brings debt for arrearages of account in vita testatoris he shall not be examined, but his Attorney shall but not upon oath, 3 Hen. 6. 40. pl. 2, 19 Hen. 6. 8. 10 Hen. 6. 20. 34 Hen. 6. 32. Ashton. 20 Edw. 4. 3. pl. 24.  
But 21 Hen. 6. 4. pl. 10. the executor was examined but not precisely.  
So if another brought such action against an executor he shall not be examined, 20 Edw. 4. 3. pl. 14.  
So if it be found that they submit themselves to arbitrament so that they were not Auditors but arbitrators they shall wage their law, 22 Hen. 6. 41. pl. 13.  

Lord.  The lord shall say that he owes nothing and was by his law, Westm. 2 cap. 11, doth not extend to the Lord, 14 Hen. 6, 24. 22 Hen. 6, 41. 38 Hen. 6, A. 29 Edw. 3, 26. pl. 20. Coke. 9, part. 87, A. Pinchons' case.  
The defendant alleges before auditors that he delivered to the plaintiff one Statute Merchant in leive of the sum, the plaintiff wages his law, 30 Edw. 3. 4. pl. 19  


Lending to successor.  
To the party.   Successor shall wage his law upon a thing lent to his predecessor, 13. Edw. 4. 4. pl. 9  
That he owes nothing by the law a good bar, Lib. intra. 152. C. sect. 5. although the thing lent be by others hands, 29 Edw. 3. 26. pl. 24.  

bailment.  Debt upon bailment the defendant pleads that they were delivered to be redelivered to B. the which he had done a good bar, Nat. br. 138. M.  

Contra a Real 1, for years. 2, for life. 3, at will.  Arbitrament of the Rend trespass and payment of the thing awarded a good Bar without saying he owes nothing, 10 Hen. 7. 4. pl. 4.  
Accord a good plea 10 Hen. 7. 24. 2 Rich. 3. Debt, 100, Coke. 9 part. 97. A. Peytoes' case.  
Acquittance of the last day shall discharge all arrearages, 11 Hen. 4. 24. 10 Eliz. Dyer. 271. pl. 26.  
The Lessee pleads the command of the Lessor to repair the house with the rent because it was decayed this is no good plea because it is waste, 34 Hen. 6. 17. 14 Hen. 4. 27. pl. 35. 11 Rich. 2. Barr.  
But if the grande timber be in decay perchance it may be a good bar, ibidem.  
The Lessee was Advocate in the spiritual court, the Lessor promises that he shall keep the Rent for his fees, this is no bar, for stoppage is no plea, but he hath a good ground to have an Assumpsit, Mich. 9 Jac. Ban. Regis. Jarvis versus Lea.  
The Lessee pleads that the Lessor entered before the day and ejected him a good bar, 27 Hen. 6. 10. pl. 6. 46 Edw. 3. 1. pl. 1. Lib. intra. 175. D. sect. 10, 11., 12.  
A good bar to say that the Lessor entered before his day without any more, 34 Hen. 6. 21. pl. 40.  
So if the Lessor enter but in part a good bar, Coke. 3. part. 22. B. Walkers case.  
But if the Lessee enter again before the day of payment no bar.  
So if the Lessor cuts the trees no bar because the Lessor ejects not the Lessee, 33 Eliz.  
Entry by a stranger which hath a better title a good bar, Perkins 163. Lib. intra. 176. A. sect. 13. 45 Edw. 3. 8. pl. 10.  
But not for arrearages due before the entire, 9 Hen. 6. 17. B. Cottesmore. 19 Hen. 6. 42. B. Paston. 20 Hen. 6. 20. pl. 15.  
Debt in come. M. where the land is in come. E. levied by distress good, without saying more, 4 Hen. 6, 5, pl. 12. 22 Hen. 6, 31, pl. 19 28 Hen. 6, 6, pl. 2. Although the Lease be by Indenture 4 Hen. 6, 5. pl. 12. 18 Hen. 6, 17. A. per 2 Justices, 11 Hen. 7, 4. pl. 16.  
But if it be in the same county where the land is then it ought to conclude that he owed nothing because the country may have notice whether he did or not, 28 Hen. 6, 6, pl. 2. 33 Hen. 6, 4, pl. 12.  
But the 9 Edw. 3. ●3, 4. pl. 16. Herle, it is good without such conclusion.  
Debt upon a Lease for Tithes levied by distress no bar because there is nothing subject to distress, 22 Hen. 6. 35. pl. 5●. 11 Hen. 4▪ 40. br. debt 234.  
A good bar that the Lessor distrained and sold the distress for the rent by the assent of the defendant, 2 Rich. 2. debt 235.  
Payment in another county a good bar without saying more, 22 Hen. 6. 36. pl. 1. 34 Hen. 6. 17. B. Moyle, 9 Hen. 5. 2. pl. 6. 11 Hen. 7. 4. pl. 16. 1 Hen. 5. 6. et 7. 20 Hen. 6. 16. B. 22 Hen. 6. 35. pl. 53.  
For otherways it shall be tried where the writ is brought, 4 Hen. 6. 5. pl. 12.  
To say that the Lessor covenanted to repair the house or that the custom is that he should repair it, and did not do it, this is no bar because it is but a covenant, but if the lease be that the lessee repaired it and paid the rend this is a good bar, that the Lessor did not repair it, 27 Hen. 6. 10. pl. 6.  
But a lease by indenture and that the lessee repaired the house at the cost of the lessor a good plea that he did expend the rent in repairing of the house, 2 Rich. 2. 235.  
That it was upon a condition and upon the breach of the condition the Lessor entered before there was any thing in arrear no plea for he ought to answer the debet, Crook. 153. pl.  
Surrender before the day a good bar, Lib. intra. 176. C. sect. 17. 
Contract personal.   
Accord a good plea Coke. 6. part. Blakes case. Lib. intra. 205. C. sect. 11. And so that the plaintiff had an obligation for the same duty, 3 Hen. 4. 17.  

Servant.  Payment to the servant no bar unless the servant was commanded by his master to receive it or that the money came to the use of his master by his assent, Doct. et Student. 138. A.  
Lease for years of a stock of cattle, or other 
Rend upno a personal thing.  personal thing rendering rend at several day's debt lies not till all the days be incurred, Coke. 3. part. 22. A. Walkers case.  
That he owes nothing by the law a good 
Salary for a Counsellor.  bar, 1 Hen, 6. 1. pl. 3. 9▪ Edw. 4. 1.  
That he owes nothing a good bar although he be a sergeant at law, 3 Hen. 6. 33. pl. 26. 21 Hen. 6. 4. pl. 6.  

Attorney.  The defedant shall not wage his law because the court compel him to be attorney for the party, otherways if it be upon suit in a base court, 21 Hen. 6. 4. pl 5. Fortescue Newton.  

Servant.  That he departs his service within the term a good bar, 40 Edw. 3. 25. pl. 27.  
That he discharged him of the service within the term to which he agreed a good bar, 10 Hen. 6. 23. pl. 78.  
That he retained him not modo, forma, etc. a good bar, 38 Hen. 6. 22. pl. 41.  
Payment without specialty is not good in debt by a servant retained in husbandry, 40 Edw. 3. 21. pl. 27.  
And so if one be retained but not according to the statute the Master may wage his law in debt for the salary, Coke. 9 part. 87. & 88 Pinchons' case. 3 Hen. 6. 42. pl. 13. 11 Hen. 6. 48. 4 Hen. 6. 19 B. 2 Hen. 4. 14. 39 Hen. 6. 18. pl. 24. 38 Hen. 6. 22. B.  
But he may not plead that the servant demands 40 s. per annum, the statute allows not this because he was not retained according to it, 11 Hen. 6. 10. pl. 20.  
So if it be retained in all occupations although that husbandry be Comprehended within it.  
If a general receiver retain one by deed yet the Master may plead that he owes him nothing by the law, 28 Hen. 8. Dyer. 20. pl. 12. 4.  
If one be retained in husbandry although he be not compellable to serve, yet his Master shall not wage his law, 38 Hen. 6. 22. B. pl. 4. 
Steward.   
A. retains B. to be his Steward of his court for one year or more he shall have debt although the retainer be by word but not for an annual pension unless the retainer be by deed, Crook. 1 Hen. 8. 158. pl. 6.  

Tabling.  Enfancy no Bar, 18 Edw. 4. 3. A. Vavisor, 10 Hen. 6. 14. A. Perkins 4.  
That he owes nothing by the law A good bar, 9 Edw. 4. 1. B. 19 Hen. 6. 10. pl. 25. 39 Hen. 6. 18 pl. 24. Moyle & Danby. 27 Edw. 3. 87. pl. 37.  
So if a contract for tabling be with B. 22 Hen. 6. 13. pl. 18.  
So if an innkeeper brings debt for diet or lodging because they cannot depart till they pay for it, 39 Hen. 6. 78. pl. 24.  
But debt brought by the lieutenant of the Tower the defendant shall not wage his law because he ought to find him diet, Coke. 9 part. 87. B. 
Vendition.   
The defendant said that it was in another place upon condition and that the condition was not performed, a good bar, 34 Hen. 6. 42. pl. 13. 44 Edw. 3. 28. pl. 6. vide. 47. Edw. 3. 20 pl. 44.  
Debt upon a simple contract the defendant pleads that the plaintiff took an obligation for it, a good bar, Coke. 6. part. 45. Heggins, 3 Hen. 4. 17. 11 Hen. 4. 79. 9 Edw. 4. 50 51.  
Payment without acquittance no plea, 1 Hen. 5. 6. B.  
He cannot plead to the Country for part and wage his law for the other; but if it be for 20 s. the defendant may say that for 10 s. without this that it was 20 s. and as to the 10 s. wage his law: but quaere if he may tender part and wage his law for the Remnant, Crook. 17 Hen. 7. 40. pl. 5.  
That he owes nothing by the law a good bar although the defendant bought it of the servant of the plaintiff for the contract of the servant is the contract of the Master, 30 Edw. 3. 19 pl. 27.  
Unless the contract be by deed, 39 Hen. 6. 35. pl. 46.  
Debt against the husband and wife upon a contract of the wife dum sola fuit the husband wages his law but at the day of the doing of it if the wife be not there the husband shall be condemned, 33 Hen. 6. 43 pl. 23.  
That he recovered in an action upon the case upon an Assumpsit a good bar, Coke. 4, part. 94 B. Slades case.  
The breaking of the prison by enemies or 
Escape.  a tempest a good bar 33 Hen. 6. 1. pl. 3.  
But not by rebels, 33 Hen. 6. 1. pl. 3  
The Shrieve pleads that his predecessor suffered him at large and that he did take him again, etc. a good bar, 3 Edw. 6. 67. pl. 17.  
Enfancy no plea because the statute is general, Doct. et Stud. 147. B.  
Debt against a bailie because the Shrieve had not his warrant for appredending one in execution and returns that he was taken quaere whether the bailie shall say no such warrant against the return of the Shrieve, 5 Edw. 4. 1.  
Non permisit ire ad Largum a good bar, 10 Hen. 4. 10. 38 Hen. 6. 29. 3 Mariae Dyer. 121. pl. 18.  
Returned by a bailie of a Liberty that the precept was not come to him at the time and that afterwards he was not in the Liberty, 18 Edw. 3. 35.  
Taken again before the action brought a good bar if that he agree not to the escape and make fresh suit, Coke. 3. part. 52. Rigwayes case. 34 Edw. 1. debt 162.  
That he owes nothing no plea because this action is brought not upon a contract but upon a special Clause of the statute, 2 Rich. 2. Issue 160.  
Account upon a recovery of damages and the party committed in execution Nul tiel record a good bar, 30 Hen. 6. 6. 
Judgement in Court.   
Debt upon a Judgement in Pypowders a good bar that he was taken in execution, 7 Hen. 6. 18.  
Recovery in a court baron the defendant shall say that he owes nothing by the law, 49 Edw. 3. 3. A. Hanmer, 13. Hen. 7. 3. B. Conesby.  

Debt for damages.  Damages in Assize entire of the plaintiff after verdict and before Judgement pleaded quaere, 2 Mariae. Dyer. 107. pl. 24.  
Levied by the sheriff a good bar, 11 Hen. 4. 58. pl. 8.  
Elegit pleaded in bar good, 13 Eliz. Dyer. 299. pl. 34.  
Damages in ancient demeasne, debt brought against the defendant he shall not say that he owes nothing but Non tiell Recovery, quaere, 34 Hen. 6. 49. A. pl. 15. Littleton.  

For fine or amerciament.  Amerciament in a leete that he owes nothing by the law no plea, 12 Rich. 2. law 33.  
Amerciament in a court baron that he owes nothing by the law a good plea, 12 Rich. 2. Stathan, 
Judgement out of court.  debt 35. No. Lib. intra. 119. A. sect. 1.  
Debt upon a statute Merchant the defendant said that he was a lay man & not learned and that the condition was but to bind him to pay 40 l. and it was made 60 l. this is a good plea for the action is brought as upon an obligation, but otherways if execution be sued 
Arbitrament.  upon it as a statute, Hil. 9 Jac. Ban. Regis. Fox versus Brooke.  
No debt in bar for arrearages of account before Auditors because the sum being due by matter of record ought to be answered by matter of as high a nature, 3 Hen. 4. 5. pl. 23. 6 Hen. 4 6. pl. 28. 8 Hen. 5. 3. pl. 13. Hull, 3 Hen. 6. 55. A. quaere 4 Hen. 6. 17. pl. 3. 10 Hen. 7. 4. A.  
Debt upon an in simnl computaverunt that he was not accountable by the country, no bar, for where the defendant may wage his law the contract is not traversable, Crook. 13 Hen. 7 39 pl. 4▪  
Nullum fecerunt Arbitrium a good bar because this lies in notice of the country, Crook. 13 Hen. 7. 39 pl. 4.  
But if he plead such a plea he cannot rejoin afterwards and say that the arbitrators gave no notice, but must plead it in bar, Crook 7 Hen. 8. 155. pl. 8.  
The arbitrators gave no notice no bar unless the submission be so.  
The defendant said before the arbitrament made he discharged the arbitrators, this is a good bar 21 Hen. 6. 30. 28 Hen. 6. 6. Coke. 8. part. 82. B. Vniors case, and needs not to aver that the arbitrators had notice.  

Obligation simple Accord.  Debt upon an obligation, accord with satisfaction no bar, because the duty being certain aught to be avoided by matter of as high a nature, Coke. 6. part. 44. A. Blakes case.  
But if the duty accrue not until some subsequent act, there accord with satisfaction a good plea, Coke. 6. part. 44. A.  

Acquittance.  A. obliged to B. in 100l. shows 3 acquittances 1, of 10l. 2, of 20l. and 3, of 20l. which amount to the receipt of 50l. parcel of the 100 in which he was bound to pay 50l. this a good bar because it appears that it was but 50l. principal debt, 43 Edw. 3. 31. pl. 26.  

Attachment.  Foreign attachment in London a good bar as it seems, No. Lib. intra. 139. C. sect. 20. 22 Hen. 6. 47. pl. 2.  
But a legacy cannot be attached, because it may not be due in respect of payment of the Testators debts, Mich. 14. Jac. ban. Regis. Vaughan's case.  

Attainder  Attainder of felony no plea, Mich. 38, et 39 Eliz. come. ban. Banister versus Trusselle.  

Nil debet  Nil debet no plea because an obligation shall not be avoided by a nude averment but by matter of as high a nature, Doct. et Student. 22.  

Non composti mnetis  Non compos mentis pleaded by the party not adjudged, Trin. 37. Eliz. ban. Regis. Strode 
Payment.  versus Martial. vide 5 Edw. 3. 70.  
Payment without acquittance no plea, 33 Hen. 8. Dyer. 51. pl. 10. Coke. 5. part. 43. Doct. et Stud. 22. 20 Hen. 6. 3. A. Paston. 26 Hen. 8. Dyer. 6. pl. 3. 28. Hen. 8. Dyer. 25. pl. 160. 41 Edw. 3. 7. pl. 15.  
A. by indenture sold land for 20l. & there were covenants in the deed for the performing of which he bound himself in 40l. debt was brought for the 40l. payment without acquittance no plea, 26 Hen. 8. Dyer. 6. pl. 3. et fol. 25.  
Defeasance upon a statute Merchant to pay 20l. payment there without acquittance a good plea, and this is without an audita querela when the party is not in execution, 17. Edw. 3. 3. pl. 10.  
A. is bound to pay his rent, there payment 
Obligation condionall.  without acquittance is a good bar, 46 Edw. 3. 1. pl. 1.  
When the original contract is for money 
Accord.  accord with satisfaction a good bar, Coke. 9 part. 79. A. Petoyes case. 22 Edw. 4. 25. A.  
But accord to a general receiver is no bar if he had not a special authority, Doct. et stud. 137. B.  
But when the condition is for a collateral thing, accord is no bar, Coke. 9 part. 79. A. 12 Hen. 4. 23. 9 Hen. 7. 4. 4 Hen. 8. Dyer. 1.  
And if it be before the day than part of the sum is a good Bar. Coke 5. part. 117. Pinnels Case. 27. Edw. 3. 84.  
But at the day, or after, it is no Bar, unless it be in another place, Coke 5. part. 117. Pinnels Case.  
The Defendant pleads he paid so much in full satisfaction, the which the Plaintiff received, and not that he paid so much, the which the Plaintiff received in satisfaction, Coke 5. part. 1. 17. A. Pinnels case.  

Conditions performed.  Conditions performed is a good bar, 41 Ed. 3. 10. pl. 7. & fol. 25. pl. 19 Thorpe.  
One pleads part of the Arbitrament, it shall be intended all, until the contrary be showed. 2. The other may show the remnant absque hoc, 
Arbitrament.  that they arbitrated that only. 3. The other needs not to rejoin to more, because it shall be a departure from his Plea, Pasch. 12. Jac. Ban. Regis. Linsey versus Ashton.  

Condition to levy a fine.  Obligation with Condition to levy a fine upon Garnishment, the Shrieve returns him garnished in Debt, he pleads that he was not by the Law, 28 Edw. 3. 100 pl. 42. 29 Edw. 3. 44. pl. 4.  

Deed pol.  A. enfeoffs B. by deed Poll, provided that he pay 20. l. to B. he may re-enter, and is bound to perform all Covenants and Payments contained in the deed Poll: he is not bound to pay the 20. l. for it is at his election to pay it or lose the Land, Trin. 9 Jac. Ban. Regis. Briscoe versus Knight. Rot. 271.  
A. is bound to pay a greater sum granted by Indenture to B. and to levy it of his goods and Chattles: this is void, and therefore no bar, 41 Edw. 3. 7. pl. 15. Belknap. 46. Edw. 3. 18. pl. 17. Belknap.  

Condition.  A. conditions that B. shall lease to C. the Land in his Occupation, except the Trees, this exception is not good, unless they were excepted in the Original Lease, and then B. ought to show it, Mich. 15 Jac. Ban. Regis. Doors Case.  
A. conditions that one shall make a Lease for 16. years, and he makes one for ten years, if he live so long this is good; for it was employed before, Mich. 15 Jac. Ban. Regis. per Montague Chief Justice. Woolridge & Banbury.  
Condition to deliver such a Lease as shall be devised by the Judge of the Court of Audience. Non devisavit aliquid, etc. no bar, for he ought to procure him to make one, Coke 5. part. 23. B. Lambs case. The pleading. No. Lib. Intra. 130. A.  

Impossible condition.  A. is obliged to B. in 20. l. upon Condition to pay 10. l. to such a person at such a place, and time, and that he would name him in his will, B. makes his will and names none, the Executors shall not have it, for as yet the condition is impossible, for he ought to be named in deed, Trin. 12. Jac. Com. Ban. Pease & alii versus Mead. Mich. 11 Jac. Rot 945.  
The Defendant said that he made another obligation to the Plaintiff, the which he did accept in satisfaction of the former: this is no bar, because it is but a thing in Action, Mich. 12 Jac. Com. Ban. Rand. & Strut. Trn. 6. Jac. Com. Ban. Rot 10001. Lovelace.  

Payment.  Payment, only the Condition a good Bar, Coke 8. part. 58. A. Beechers case. But he to show the place, 5 Edw. 4. 141. B.  
Payment of Parcel hanging the Writ is not good to abate the Writ, without Acquittance, 3 Hen. 7. 3. pl. 12. 5 Hen 7. 10. pl. 15. 7. Edw. 4. 15. Vide 28. Hen. 8. Dyer. 6. pl. 3.  
A. is bound to B. in 10. l. and after the date is one clause that he shall pay him 5. l. the Obligation is void, Payment there without acquittance is good, 30 Edw. 3. 3. pl. 12.  
But Payment after the day is not good without acquittance, 46 Edw. 3. 29. pl. 23. 47 Edw. 3. 13. pl. 14. 5 Hen. 7. 41. pl. 5.  
A. is bound to pay 20 quarters of Malt, and if he pay it not at the day, then in 40 quarters; in Debt, for the 40 quarters he pleads payment without acquittance but not in Debt for the 20 quarters. 28 Hen. 8. Dyer. 24. pl. 154. 1 Hen. 5. 7. A.  
Three bound to pay their Rent, one pays it, the other plead payment without acquittance, 45 Edw. 3. 4. pl. 9  
A. is boud by an obligation dated 17th of November. 12 Jac. with condition of payment the 19th November next ensuing, per Curiam payment 19th November 13 Jac. is sufficient, for it shall not be intended 19th. November in the same month. Mich. 13 Jac. Com. Ban. Price & Coe.  
Conusee had Execution for 20. l. and by Indenture grants that if the Conusor pay 8. l. at a day to come, it shall be void, this is a good discharge, 20 Assize. pl. 7.  
Payment to a Deputy a good Bar, 42 Edw. 13. pl. 35.  
Payment to the Bailie of a Bishop by his command a good Bar, 22 Edw. 4. 25. pl. 5.  
But payment to a servant without command is no Bar, unless it comes to the use of his Master, Doct. & Stud. 38. A.  
Payment to a Creditor of the Obligee by his command is a good bar, 46 Edw. 3. 33. pl. 45. Perkins 145. A.  
But then he ought to show that the Creditor was the Creditor of the Obligee, 27 Hen. 6. 6. pl. 1.  
Condition to pay 20 l. to B. assoon as he comes to the Age of 21 years. 1. He ought to show that he is of full years. 2. He ought to show the place where he paid it, for otherwise there cannot be any tenure, Mich. 12 Jac. Ban. Regis. Halse.  

Permit.  Condition to permit one to enjoy, etc. he pleads that he did permit him and good, 10 Eliz. Dyer. 279. pl. 6.  

●etainer▪  Defendant said that the Plaintiff was indebted to him, and that he commanded him to retain it, a good bar, 22 Edward. 4. 25. 6 5.  


●arr general to an obligation.  
Acquittance.   Acquittance a good bar.  
But an acquittance by a general Receiver without receipt of the Money is not good, unless he be receiver by deed, and hath authority to make acquittances, Doct. & Stud. 137. B.  
A. brought debt in ban. Regis. against B. and that depending, brought debt in London, and had goods attached in the hands of C. and had Judgement upon them, this is a good bar in debt, by B. against C. but if A. brings debt against B. and after the debt is attached in London, and Judgement given there, if the Creditor sue B. he cannot plead the Attachment in bar, because he might have pleaded the action brought against him in Com. ban. Mich. 39, et 40. Eliz. come. ban. Jaques, versus Lewkner.  
Debt is attachable before the day in which it is payable because the debtor debet although non detinet but an obligation made to perform covenants is not attachable, Mich. 39, et 40. Eliz. come. ban. Beacher, versus Minors.  

Coverture.  Coverture a good bar. Lib. intra. 168. B. sect. 1.  


Infancy.  
Non est factum.   Infancy a good bar, Lib. intra. 163 A. sect. 1.  
Non est factum a good bar, but not if the deed be enrolled, 16 Hen. 5. B. 9 Hen. 6. 60. A Babington. 39 Hen. 6. 32. pl. 45.  
When it is but voidable non est factum no plea, Coke. the 5. part. 119. A. Whelpsdales' case. 11 Hen. 7. 15.  
When an obligation is made void by statute yet non est factum is no plea, Coke. 2. part. 9 B. Thoroughgoods' case.  
When an obligation is once good and after and before, the plea be void, non est factum may be pleaded, Coke. 5. part. 119. A. B. Whelpsdales' case.  
When 3 are bound seperatim, and the seal of one is broken the other cannot plead non est factum because they are several obligations, Coke. 5. part. A. Mathewsons' case.  
But it is not when 3 are bound without any more, Coke. 11. part. 28. B. Pigot's case. 3 Hen. 7. 5. Coke. 5. part. 23. A.  
But if 2 be bound in debt against one only it cannot be pleaded, Coke. 5. part. 119. A. Whelpsdales' case.  

Recovery.  Recovery in an inferior court of Record with execution a good bar, Coke. 6. part. 45. B. Higgins case.  
But without execution not, Coke. 6. part. 45. A.  
Recovery is a good bar so long as it is in force, Coke. 3. part. 44. B. Higgins case.  

Release.  Release a good bar.  
Two bound to B. which makes the wife of one his executrix and devises his goods to her this is a good release of the debt, for if the obligee make the wife of the obligor his executrix this is a release in Law, because it is suspended by the act of the party, Trin. 12. Jac. come. ban. Friar versus Gildridg.  
A release of all advantages in account a good bar, in debt upon an account, 9 Edw. 4. 49. Coke. 8. part. 152. A. Althams' case.  
A. is bound to B. to the use of C. the release of C. is a good bar, 36 Hen. 8. br. obligation 27.  

simony.  Defendant said that the agreement was for the obtaining a benefice, this is nought, 1 the statute makes the contract void, 2. It cannot be averred out of it, Mich. 40 et 41 Eliz. come. ban. Gregory versus Olden.  
Defendant pleads that the obligee accepted of a statute for the obligation after the day, 
Statute.  this is no bar because the obligation is in force notwithstanding, Coke. 6. part. 44. B. Higgins case.  

Statute law.  The condition was to save the surety harmless no plea that the former bond was usurious because the counter bond was not for payment of money, Mich. 40, et 41. Eliz. come. ban. ban. Dowman versus Button.   

The Judgement in debt.  

Against an executor.  The Judgement, Lib. intra. 173. B. sect. 1.  
Arrearages of account the executor pleads no such account or nothing in arrere or outlary in the plaintiff and it is found against him, the Judgement shall be de bonis Testatoris, 34 Hen. 6. 22. A. Danby.  
A covenant broken after the death of the Testator the Judgement shall be de bonis Testatoris, 15 Eliz. Dyer. 324. pl. 34.  
Nothing in Arrere in debt for rend due in vita testatoris or no such lease, the Judgement shall be de bonis testatoris, 34 Hen. 6. 22. A. Danby.  
Accquittance or release pleaded and found against him if it be pleaded and made to the executor the Judgement shall be general, 11 Hen. 6. 8. A. Danby. 34 Hen. 6. 24. A. Prisot.  
Non assumpsit of the Testator to pay the debt the Judgement is of costs and damages, of suit de bonis propriis if the Testator had not sufficient, No. Lib. intra. 1. B. sect 1.  
The executor found in a Cheft a grant of the next avoidance made to the Testator and presentation there upon a Recovery in a quare impedit against him, the Judgement shall be of his proper goods, 34 Hen. 6. 22. B. Prisot.  
Coexecutor pleads and found against him, the Judgement shall be de bonis testatoris, 9 Hen. 6. 44. 11 Hen. 6, 7. 34 Hen. 6. 32. A.  
Confession of the Action by the executor the Judgement shall be general against him, because he ought to have pleaded that he had not more than 20 s. and against the other executor it shall be de bonis testatoris, 14 Hen. 4. 12. pl. 1. Hull.  
And by 33 Hen. 6. 2. it shall be of the goods of the testator if he hath none for damages of the goods of the executor that confesses the action.  
But 4 Eliz. Dyer. 210. pl. 23. it shall be but de bonis testatoris against both, 28 Hen. 6. 3. pl. 13. 40 Edw. 3. 2. pl. 3.  
So in a Rationabili parte bonorum, upon confession of one executor, 28 Hen. 6. 4. pl. 20. 33 Hen. 6. 24. pl. 1.  
Ne unques executor found against him shall be general, 11. Hen. 4, 5. 11 Hen. 6. 8. A. Danby.  
But the Judgement shall be de bonis testatoris, si, etc. and if not de bonis propriis, 9 Hen. 7. 15. pl. 1. 2 Edw. 4, 4. 33 Hen. 6. 23. 11 Hen. 6. 10. B.  
One pleads ne unques executor, the other plene administraevit, but 40 s. and found against the former and Judgement given that there should be recovered against both as much as there was in their Hands and the residue against the other, 11 Hen. 6. 37. B. Paston. 46 Edw. 3. 9 B.  
One dies intestate and Administration is committed to D. by the ordinary and he comes as servant to D. to administer, absque hoc that he did administer in any other manner; this is no plea, because he did not show that it was the ordinary of the place, and Judgement de bonis testatoris, 31 Hen. 6. 13. pl. 
〈…〉  5.  
17 Edw. 3. 20. pl. 58. where an executor pleaded non est factum and found against him, there the Judgement against him for all of the goods of his own as well as of the goods of the testator, and against the other of the goods that he had at the day of the writ. vide, 17 Edw. 3. 20. pl. 1. stat. 9 Edw. 3. cap. 3. statute. 1. 17. Edw. 2. 46. pl. 3.  
Plene administravit, the Judgement is for so much of the principal as they had and for damages de bonis testatoris, si, etc. and if not then for damages de bonis propriis, and for the residue as much as they had, Coke. 8. part. 134. Shipleys' case. 34. Hen. 6. 32. B. Prisot. come 440. B. Pepyes' case. vide 17 Edw. 3. 66. pl. 83. 46 Edw. 3. 9 pl. 6. Judgement special for the debt.  
Upon such plea the defendant prays execution forthwith, because it is a confession of the debt, but no execution until the defendant had goods of the testators, Coke. 8. part. Shippleys' case. vide 21 Hen. 6. 40.  
But if it be found to the defendant no scire facias lies against them, 4 Hen. 6. 4. pl. 8  
Unless he prays Judgement upon the plea.  
But yet 33 Hen. 6. 24. pl. 1. is that a scire facias lies, yet Coke. 8. part. 53. A. Syms his case, that if it be for land he shall not have a scire facias because there is no record upon which it may be founded.  

Against ●n heir.  If the heir confess the action for as much as did descend, than there shall be a special Judgement against him of so much as did descend, Com. 440. A. Pepyes' case. 22 Eliz. Dyer. 373. pl. 4. the Judgement Lib. intra. 172. D.  
But if he plead any other plea and it be found against him the Judgement shall be general, Com. 440. Pepyes' case.  
So if he confess the action and show as much as descends, if it appear to the court that the profits from the time of the descent until the time of the execution, are sufficient for the debt, per Dyer. 18. Eliz. Dyer. 344. pl. 1.  
 1. For the plaintiff.  2. For the defendant. Execution in debt. 3. Of what Lands.  4. Of what goods.  
At the common law it was but a scire facias, Coke. 3. part. 12. or a levari facias, Coke. 3. part. 12. A. and this is of chattels, and profit of Lands, and Rents, come. 441. A. Pepyes' case.  
And this only within the year for if the year were passed the party was put to his action, of debt, Coke. 3. part. 12. A. Harberts' case. unless the process be continued, 33 Hen. 6. 49. pl. 33.  
But for Recovery against an heir than it was but one Liberate, come 441. A. pepyes case. Lib. intra. 172. D. 173. A. 3 Edw. 3. Execution, 107.  
But by Westm. 2. Cap. 45. a Scire facias was given after the year, and per Westm. 2. cap. 18. Elegit was given, Coke 3. part. 12. A.  
If a man have an Elegit on Record, and there be a Nichil returned, he shall have never any other execution, 19 Hen. 6. 4. 5 Edw. 4. 41. 15 Hen. 7. 15. Fairfax.  
And by the 25 Edw. 3. cap. 17. Capias was given in debt: and per consequence a Capias ad satisfaciendum in Execution. Coke 3. part. 12. A. Harberts' case.  
Mich. 41 & 42 Eliz. Com. Ban. if the Plaintiff die after Execution, yet the Shrieve may levy it, and if there be no Executor or Administrator, the moneys shall remain in Court. But if the Defendant die before Execution, there the Shrieve cannot make Execution; for the words of the Writ are, that it shall be levied of the goods of the Defendant. Thoroughgoods' Case.  
Upon a non est inventus returned of the Principal upon Judgement in Com. Ban. the party shall have Execution against the Bail, because the debt being by original is certain, there the Lands which they had at the day of the taking the recognizance shall be liable, but quaere in ban. Regis if more lands are liable than they had the day of the original, because the debt is uncertain, Mich. 15. Jac. ban. Regis. Baskervile et Brocket. special verdict.  
The defendant for damages and costs shall have the same execution as the plaintiff hath as if he had recovered against the defendant, per 23 Hen. 8. cap. 15.  
The lands which he had at the time of the Judgement and not before, Coke. 8. part. 171. Fleetwoods' case. 42 Edw. 3. 11. pl. 13. 6. Edw. 193. pl. 14.  
But if the Judgement be the last day of the Term the lands which he had the first day of the term are liable because all the term is but one day in law, 42 Assiz. 17.  
If two joint-tenants are for life and he against whom the Judgement is given dies before execution this shall not be put in execution, 13 Hen. 7. 22. A.  
Land in ancient demeasne shall be put in execution, Coke. 5. part. 105. A. Aldens case. Hill. 11. Jac. come. ban. Rot. 2541. Cox et Barnesly.  
The goods that he had at the time of the execution shall be only liable to execution, Coke. part. 171. A. Fleetwoods' case. 2 Hen. 4. 14. 9 Hen. 6. 58. 11 Hen. 4. 7. 34 Hen. 6. 23. B. Prisot. 21 Hen. 7. 87. pl. 1. Crook.  
Unless it be in case of executors, 34 Hen. 6. 23. B. Prisot.  
But sale by covin after Judgement cannot hinder the execution, 22 Assiz. 72. 13. Hen. 4. 4. pl. 9  
Hill. 40. Eliz. come. Ban. per Curiam, if a writ of execution be awarded for debt or damages and between the Teste of the writ and execution, the party sold the goods bona fide yet these are liable to the execution.    

Ejectment.  

In what court it lies.  
IT lies not in the marshalsea, Coke. 10. part. 72. A. Marshalsea.  
In Ban. Regis. it lies.  
In Com. Ban. it lies.  
In the chequer it lies for a party privileged, Coke, 1 part. 3. A. pelham's case. and this was by bill.  
But if it be by ancient demeasne land it lies not in the court of the King, Coke. 5. part. 105. A. Aldens case. 9 part. 77. B.  
Because the possession is to be removed in such account, per Hobart chief Justice, Hill. 11. Jac. come. ban. Rot. 25. 41. Cox versus Barnsbee.  
But none can plead this but tertenant, 2 Hen. 7. 17. pl. 1.  
But if the plaintiff do not put in his declaration until the end of the term the defendant cannot plead ancient demeane the next term, but must move the court that the plaintiff put it in his declaration, and then the advantage shall be saved. Trin. 12 Jac. ban. Regis.  
But he may plead this after view because by this he confesseth if it be frank fee or not, 50 Edw. 3. 9 pl. 20.   

Who shall have Ejection Firm.  
Lessee for years only shall have it, Nat. br. 
Possession  120. F.  
And this only upon the possession in deed for he shall not have it upon a possession in law, 23 Hen. 8. br. quia ejecit, infra, etc. 5.  
Nor upon a lease to commence in futuro, 37 Hen. 6. 18. A.  
Note that tenant for years needs not count 
Note.  that he entered, but that a lease was made to him by virtue of which he has possessed, come. 503 B. Grendons case.  
Tenant for years' leases to B. at will who is outed by a stranger, tenant for years shall not have an action because he had not the actual possession, Pasch. 11. Jac. In the Chequer inter, Sir Rich. Grebham et Stone.  

Tenant for years.  Tenant for years' leases for one year or a lease is made for years the remainder for years, estranger enters, none shall have an ejectment but the tenant in possession, Crook. 130. pl. 99  
Lessee shall have an ejectment after the term ended and recover all in danages, 21 
Lessee.  Edw. 4. 30. pl. 25. Brian. 7. Edw. 4. 6. B. Fairfax.  
Lessee which may have a real action cannot have an ejection firm, Com. 419. B. Bracebridges case.  
Husband and wife ought to join if it be in right of the wife, 21 Edw. 4. 10. pl. 1. 30. pl. 
Husband and wife.  25. 7 Edw. 4. 6. B. Fairfax. Com. 418. B. Bracebridges case.  
But if the term be ended, the husband alone shall have it, because nothing shall be recovered but damages, 7 Edward. 4. 6. B. Fairfax.  
Lessee for one year of a Coppyholder shall have an ejection firm, Coke. ●4. part. 26. 
Copyhold.   
Lessee of a Coppyhold for more years shall have an ejection firm although that such Lease be a forfeiture, for it is a good Lease against all but the Lord, Trin. 36 Eliz. Ban. Regis downing's case.  

Executory  Executor of a Lessee shall have it, No. Lib. intra. 195. D. Sect. 6.  
Executor, Husband and Wife, Co-executor, and the Count. Lib. intra. 252. B. Sect. 6.  
Executor shall have an ejection firm in vit● Testatoris, per the equity of the Statute, 4 Ed. 3. cap. 6. Coke 9 part. 78. B. Peytoes' case.  

Churchwardens.  Churchwardens shall have it of land leased to them, 15 Hen. 7. 8.  

Tenant by elegit.  Tenant by Elegit shall not have an ejection firm, Crook 109. pl. 29.  

Tenant in common.  Tenant in Common shall have it against his companion, Littleton. 73, A.  
Father and Son having several inheritances, the Father levies a fine, the son being beyond-sea dies, his Issue enters and leases (being within age) to A. without rendering Rent, A. enters, the Conusee enters, and leases it to B. yet he shall not have an ejectione firmae against A. without express outing, because as to the moiety the Plaintiff had not title, and the Defendant had none, because there was no rent reserved, Pasch. 32 Eliz. come. ban. Rot. 1017. Smye versus June and others.   

Against whom Ejectment lies.  

Husband and wife.  It lies against Husband and Wife, Lib. intra. 253. C. Sect. 11. Coke 9 part. 77. B. Petoyes case. Com. 187. Wortleyes' case.  

Estranger  It lies against a stranger that wrongfully outs one, 6 Rich. 2. Ejection. firm. 2. 21 Edw. 4. 30 pl. 25. Brian. Nat. br. 220 F. Coke 9 part. 80. A. 32 Hen. 6. 32. 27. S.  
It lies not against a Feoffee of a Lessor, because 
Feoffee.  he cannot do wrong, Nat. br. 198. A. 21 Edw. 4. 10. pl. 1. Choke. 21 Edw. 4. 30. 32 Hen. 6. 32. pl. 27. 38 Edw. 3. 33. pl. 44.  
Unless the Feoffee make a Deed presently upon the outing, than it lies against him, Nat. br. 198. A.  
Or enter upon the Lessee, afterwards that the Lessee had entered upon him, Nat. br. 198. A.  
Lessor grants a Reversion to A. the Lessee 
Grantor.  attornes, A. outs him, the Lessee shall have an ejectione firmae, Nat. br. 221. A. 1 Hen. 5. 3. pl. 3.  

Heir.  It lies against the Heir of the Lessor, Nat. br. 198. K.  

Lessor.  It lies against the Lessor 〈◊〉 outs the Lessee, Nat. br. 220. F. 21 Edw. 4. 10. pl. 1. Choke. 30. pl. 25. 38 Edw. 3. 33. pl. 44. Coke. 9 part. 80. A. Nat. br. 198. K.  

Recoveror  Lessor suffers a Recovery, the Recoveror outs the Lessee, he shall have an Ejectione Firmae against the Recoveror by the equity of the Statute, 21 Hen. 8. cap. 15. Nat. br. 220. J. 198. E.  

Lord.  It lies against the Lord per Escheat which outs one, Nat. br. 221. I. B. 198. K.  
It lies against the Lord of a Villeyn which enters upon the Termor, Nat. br. 221. C. 198. K.  

Tenant in common.  It lies against Tenant in common per his companion, Littleton. 73. A.   

Of what things an Ejectment lies.  

cattle.  It lies upon a lease for cattle because it is a personal thing, 1 Hen. 6. 1 Cottesmore.  

Wood  It lies of Wood, Com. 223. B. Barkeleyes' case, the count there. 
Chamber.   
It lies of a chamber, Mich. 30. Eliz. ban. Regis. Brand against Cage.  

Tithes.  It lies of Tithes, per 32 Hen. 8. cap. 7. 2. 3. Mariae. Dyer. 116. pl. 17. the count ought to show the nature or quality of the Tithes, Coke. 11. part. 24. B. Harpers case.  

Garden, etc.  It lies of a Garden, Barn, and Tyths, 9 Eliz. Dyer. 258. pl. 16.  
But if all the Tything consists of a modus decimandi and a lease made thereof ejectione firm lies not, Coke 11. part. 25. B. Harpers Case.  

Watercourse.  It lies of a watercourse, Com. 288. B. Brown. Regist. orig. 227. B.  

Hundred.  It lies of a Hundred, because it is liberum tenementum, 15 Hen. 7. 8. Pl. 1.  

Manor.  It lies of a Manor, and the Writ Regist. orig. 227. B. Nat. br. 220. G. Com. 229. A. Barkleys' Case.  
The Count. Lib. intr. 252. A. Sect. 4.  
Count of a demise of 300 Acres by the name of a Manor: habendum Manerium cum, etc. and good, 13 & 14 Eliz. Dyer. 340. pl. 5. 7.  

Message.  It lies of a Message, Coke 11. part. 55. A. Savels Case.  
The Count, No. Lib. intra. 184. A. Sect. 1. 3. 197. C. Sect. 7. Lib. intra. 252. B. Sect. 5. 6. Coke 1. part. A. pelham's Case.  
It lies of a House, goods and Chattels. The Count, Lib. intra. 252. B. Sect. 7.  
It lies de medietate Messuagii, Lib. intra. 256. D. Sect. 14. The Count, Com. 459. B. Studs Case.  
It lies de tribus partibus duorum Messuagiorum, No. Lib. intra. 195. D. Sect. 6.  

Chappel.  It is not formal to have it of a Chapel, but shall be of a House, Coke 11. part. 25. B. Harpers Case. For the Plaint in Assize shall not be of an Hospital, but shall say Message, 8. Assize 29.  

Mill.  It lies of a Mill, No. Lib. Intra. 192. A. Sect. 5.  

Pasture.  It lies of 300 Acres of Pasture, the Count Lib. intra. 251. D. Sect. 2.  

Ox.  It lies of pasturing of an Ox, Com. 228. B. Brown. Regist. 227. B.  

Meadow.  It lies of 100 Acres of Meadow, Lib. intra. 252. A. Sect. 13.  

Rectory.  It lies of a Rectory, 15 Hen. 8. pl. 1. 16 Hen. 7. 8. pl. 6. 13 & 14 Eliz. Dyer. 304. pl. 25. The Count Lib. intra. 253. A. Sect. 9, 10.  

Reversion  It lies not of a Reversion, Com. 159. B. Thracies Case per Dyer.  

Land.  It lies of a 100 acres of Land: the Count Lib. intra. 251. C. Sect. 1.  
But it lies not of a Close containing three acres, but shall be of so many of the acres by name, Coke 11. part. 55. Savels Case.  
For by Crook Justice, Mich. 15 Jac. Wicks & Sparrow, the Land of every man is enclosed, and therefore an Ejectione firmae cannot lie of it for the incertainty.  
But Coke 11. part. 55. Savels Case was, it seems, that if it be of a Close containing three acres of pasture, it is good because the quantity is showed, and so it was adjudged, Mich. 15 Jac. ban. Regis. Wicks et Sparrow.  
It lies not of a piece of ground called Michel's piece, Trin. 38 Eliz. ban. Regis. Rot. 450. Palmer & Humphreys.  
It lies not of a virge of Land, 38 Eliz. Rot 453. Mell versus Moor.   

The Count Generally.  

Bishop.  If it be of a Lease made by a Bishop, it ought to count upon the Deed, No Lib. intra. 186. D. sect. 2.  

Husband and wife.  But if it be of a Lease made by the Husband and Wife, it needs not count that it was by Indenture, Lib. intra. 252. C. sect. 8. Coke 2. part. 61. B. Wiscots' case.  

Person.  If it be of a Lease made by a Person tunc & adhuc seized of the Reversion, it is good without averring of the life of the Person, 13 & 14 Eliz. Dyer 304. pl. 52.  
If the count be of a Lease made by three where two have nothing in it, it is not good, although they join in the Lease, but contrary by him that hath right, per Williams & Crook. Mich. 10 Jac. Ban. Regis. Longs case.  

Lease.  A Lease to commence at Mich. next after the death of A. the count ought to show that A. is dead, 1 Mariae. Dyer 97. pl. 46. & fol. 89● 19 Eliz. Dyer 357. pl. 46.  

Demise.  Counts that A. demised to him per Indenture dated 27 Martii, 11 Jac. & primum delibat. 10 de●imo Aprilis eodem anno, for 21 year till Mich. next before, and the ejectment 1● Aprilis, this is good; or he may count, that by Indenture dated 27 Martii, & primum de● libat. 10 Aprilis, Mich. 11. Jac. ban. Regis. Michel's case.  
The count upon the Imparlance Roll wa● upon a Lease made 10. of December, 10 Ja● and upon the plea-roll it was upon a Lease made 30 Januarii, 10 Jac. habendum 20 of December before, this is not good, Hill. 14 Jac. Milward & Wats. Ban. Regis.  
The count was that he was seized, and so seized, leased, 9 Eliz. Dyer 258. pl. 16. Com. 416. A. Bracebridges case. Com. 187. A. Adam's case, Com. 223. B. Barkleys' case Com. 530. B. Howel & Crofts case.  
But 14. Eliz. Dyer. 340. pl 57 doth not count of the seism, Coke 11. part. 3. B. Coke 3. part. 16. A. boraston's case. Coke 3. part. 45. Brown's case. Coke 4. part. 96. A. Lambert's case. Com. 459. B. Studs case. Com. 504. B. Snowes case.   

The Writ.  
In Wales it may be by plaint without an original Writ, for this action is out of the Statute, 26 Hen. 8. cap. 6. Hill. 36. Eliz. ban. Regis 610. Griffin versus Eliot & Wilkins.  
It is Vi & armis, 1 Hen. 5. 3. Coke 9 part. 78. A. Petoes case. 21 Edw. 10. pl. 1. Choke.  
But Hill. 36 Eliz. ban. Regis Rot 610. Griffin versus Eliot & Wilkins in error, that it may be without vi et armis, 7 Hen. 6. 4. 17 Edw. 3. 1.  
Fuit ad terminum qui nondum praeteriit, 2 et 3 Mariae. Dyer 116. pl. 71.  
Et est pone per vad. et salvos pleg. 21 Edw. 4. 10. pl. 1. et 31 pl. 25. Brian.  
It may be bona et catalla, Com. 228. B. Lib. intra. 252. B. Sect. 7, 8.  
Although Regist. orig. 227. B. say to the contrary.  
But may be without it, Com. 229. A. 199. A. Adam's Case.   

The Process 1. before, 2. after appearance.  
The Process is Attach and distress and Process of Outlary, Nat. br. 220. H. 35 Hen. 6. 6. per Wangford & Moyl. Com. 228. B. Coke 9 part. 78. A. Peytoes' Case.   

The Barr.  

Accord.  Accord with satisfaction a good bar, Coke 9 part. 78. A Petoyes Case, because it is but in the nature of a Trespass.  

Dures.  Dures a good bar, Lib. intra. 253. B. Sect. 10.  

Ejecit.  Non ejecit a good bar, si bona & catalla are not in the Writ, 7 Edw. 6. 89. pl. 111. 19 Hen. 6. 56.  
But if such words be in, Quaere.  

Entry.  The Lessor had it but in right of his wife, and he enters after the death of the Lessor in right of his wife, Lib. intra. 252. D. Sect. 8.  

Surrender  That he surrendered before, & quod non ejecit a good bar, 21 Edw. 4. 10. pl. 1. 30 pl. 25.   

The Judgement.  
The judgement shall be quod recuperet against the Defendant terminum suum praedictum venturum de & in, etc. ac dampna sua, etc. & quoth Defend. capiatur. 9 Eliz. Dyer 258. pl. 16. 7 Edw. 6. Dyer 89. pl. 109. Com. 420. A. Bracebridges case. 515. Snowes case. Lib. intra. 253, A. Sect. 8. 256. C. Sect. 13. 259. C. Sect. 15. No. Lib. intra. 188. A. pl. 7. 203. A. Sect. 8. 212. D. Sect. 11. 216. B. Sect. 13. Com. 526. A. Granthams' case.  

Note.  But note this is, when the term is not ended, Coke 9 part. 80. A. Peytoes' case. 4. part. 104. Lambert's case. Nat. br. 220. H. 7 Edw. 4. 6. 13. Hen. 7. 20. B. Wood  
Note also, he shall recover damages but for the ejectment, Coke▪ 9 part. 80. A. Peytoes' case.  
If the Term be ended he shall recover all in damages, 7 Edw. 4. 6. Fairfax. No. Lib. intra. 205. D. Sect. 9  
Judgement. First for the Plaintiff, Com. 526. Granthams' case. Secondly for the Defendant, No. Lib. intra. 197. C. Sect. 6.  
Judgement upon a Nonsuit after Evidence delivered to the Jury. No. Lib. intra. 189. B. Sect. 2.    


Quare Impedit 

Ne admittas.  
Quare non admisit.  
Quare incumbravit.     

Quid.  IMpedire est pedem ponere in jus alienum, quod quis habet in jure praesentandi, Bracton. lib. 4. cap. 6. fol. 247. A.  
Haec dictio [impedit] componitur de [in] & [pes] & unde revera ille impedit, qui nititur intus pedem ponere in jus alienum, ubi nullum jus ei competit, nec proprietatis, nec possessionis, Bracton lib. ibidem.  
Advowson is an interest to present an able man to a benefice, 5 Hen. 7. 38. B. Brian & Townsend.  
Advocation est incorporalis, & est jus praesentandi ad ecclesiam vacantem, Bracton lib. 2. fol. 53. A.  

Jus patronatus est 

Honorificum, to be Patron or Protector.  
Vtile, to advance his friend.  
Onerosum, a burden to his conscience if he present one not able.     

In what Court it lies.  
Bracton Lib. 3. fol. 160. A. Immediate in curia Domini Regis terminarid ebent placita de advocation ●t us Ecclesiarum, quia si alius a Rege mandaret ●piscopis de admittendo Clericum, & ipse oltem● rabbit alius à Rege coercionem non haberet, quia Episcopus ad alterius mandatum quam Regis Clericum admittere non tenetur.  
Quare Impedit of an Advowson in Wales ought to be in come. ban. in England, and shall be tried in the County next adjoining to Wales; and the reason is, because the Lords there have not power to send to the Bishop, 36 Hen. 6. 33. B. Fortescue. 35 Hen. 6. 30. pl. 35. 3 Edw. 3. 163. pl. 35. 8 Edw. 3. 319. pl. 15. 24 Edw. 3. 3. pl. 26.  
No plea to the Jurisdiction, to say, that it is ancient demean, because they cannot award a Writ to the Bishop, 7 Hen 6. 35.  
In Ban. Regis it lies for the King, for he may sue there if he pleases, Nat. br. 3●. G. 47 Edw. 3. 4. pl. 9  
The King grants Majori Ballivis & juratis quinque portuum, that they shall not be impleaded for no Land in no Court, nor for other cause, unless it be within the Five Ports, scil. at Shepway, before the Warden of the five Ports: this extends not to a Quare Impedit, 21 Hen. 7. 88 pl. 7. Crook.   

Who shall have a Quare Impedit.  

Note.  That he that is out of the possession shall not have a Quare Impedit, which a man may be five ways, 1. by Presentation, 2. by discontinuance of the Land, to which, etc. 3. by Disseisin. 4. by Descent. 5. by Recovery. in right of the Advowson, or Quare Impedit.  
Husband and Wife having it in jure uxoris, they join in a Quare impedit, Coke 5. part. 57 Specots' case. 50 Edw. 3. 13. pl. 4. 7 Hen. 7. 2. B. 38 Hen. 6. 3. pl. 9 28 Hen. 6. 8. pl. 3.  
But the Husband may bring this without the Wife, 14 Hen. 4. 12. pl. 12. 22 Rich. 2. br. 937. for the wrong done to the Husband.  
The church void, the Wife dies, the Husband shall have the Quare Impedit, because the presentation was a Chattel invested, 21 Hen. 6. 56.  
The Husband presents, and after they are divorced, the Husband shall have the Writ, 31 Hen. 8. br. Divorce 8.  

Cestui que use.  Cestui que use shall not have it, but the Feoffees; for the presentation, is always firm to the Advowson, Crook 17. Hen. 7. A. Frowick & ibidem 2 Hen. 8. 160. B. pl. 1.  

Chancellor.  Chancellor shall present to a church under 20 Marks per annum, which are belonging to the Crown, but not if the King have them by other Title, Nat. br. 35. K. 38 Edw. 3. 3. pl. 14. Com. 528. B.  
But vide Br. Prescript 86. that at this day the Chancellor presents to all under 20 l. per Annum.  

Defendant.  The Defendant shall have a Quare Impedit against the Plaintif, if his Clerk be not instituted, Nat. br. 35. C.  

Half blood.  The elder brother presents and dies, the brother by the half blood shall not have the next avoidance. Nat. br. 36. E. 3 Hen. 7. 5.  
But the 19 Edw. 2. Quare impedit 177. Contra.  
Two Sisters by several ventures make composition, and one dies before Presentment, the other shall have it, Nat. br. 36. E. 
Corporation.   
The Bishop shall have a Quare Impedit ratione Patronatus. 
Bishop.   

Ratione patronatus  Patronage of a Denary belongs to him of common right, 17 Edw. 3. 40. pl. 17.  

Ratione Lapsus.  The Bishop shall have a Quare impedit ratione lapsus, and the Writ shall be general, but the Count shall be of the Collation, Nat. br. 33 D. 17 Edw. 3. 64. pl. 69. Lib. intra. 501. A.  
If Lapse accrue to the Metropolitan, he may put his Clerk in without the Ordinary of the place. Doct. & Stud. 125. B.  
The Ordinary is deprived after Lapse accrues, Quere who shall have it, 7 Edw. 6. Dyer 87. pl. 203.  
In quo casu Ordinarius loci providebit ecclesiae viduitati, Bracton. Lib. 2. 34. fol. 76. B.  
But Bracton says, Lib. 3. that Lapse was but by the Council of Lateran.  
If it be found for one Patron in a jure Patronatus, and the Presenter prays not to be admitted, the Ordinary shall present by Lapse, 34 Hen. 6. 12. pl. 22.  
Although a Ne admittas be sued, yet the Ordinary of the place shall present by Lapse Nat. br. 48. L  
Lapse is when the Patron doth not present in six Months, than the Ordinary presents by Lapse, Doct. & Stud. 124. B.  
Although the Patron be an Infant or feme covert, Nat. br. 34. T. 3 Edw. 3. Quare Impedit. 41.  
But this rule of Lapse admits divers exceptions, ●cill.  
1 So long as the Church is void the Patron may present Doct. et Student. 126. A. for the Title by Lapse is not a Chattel invested.  
2. It shall not be Lapse of a chapel Donative or Chantry unless the patron make his presentative, than it shall, Nat. br. 35. E. 6 Hen. 7. br. presentment 43. Pasch. 3. Jac. Ban. Regis. Fairfeild versus Gaire, or expressed in the foundation, 13 Edw. 4. 3.  
3. An Advowson appropriate shall not be Lapsed, Nat. br. 35. F.  
4. If the ordinary be named a disturber in the Quare Impedit, 5 Edw. 3. 2. B. 22 Hen. 6. 28. And at this day he is named in the writ to prevent the lapse, 39 Edw. 3 15. pl. 4. Statham.  
For otherways the Lapse incurs, 5 Edw. 4. 115. but it seems that the ordinary cannot collate him that was the incumbent and made defendant in the suit.  
5. In many cases Lapse shall not incur without notice.  

In what case Lapse cannot incur without notice.  1. Upon a Resignation, Nat. br. 35. H. 1 Hen. 7. 9 5 Edw. 4. 116. A.  
If the Ordinary dies his Successor ought to give notice, Crook. 18 Hen. 7. 41. pl. 2.  
2. Upon privation, Nat. br. 35. H. 1 Hen. 7. 9 5 Edw. 4. 118. A.  
Although the Incumbent be merely Laicus, 13 Eliz. Dyer. 293. pl. 3.  
And although the party be party to the Suit, Coke 6. part. 29. Green's case, 22 Eliz. Dyer 369. pl. 54.  
Although the Title of Lapse be devolved to the King, per lapsum temporis, 18 Eliz. Dyer 348. pl. 12. 22 Eliz. Dyer 369. pl. 54.  
3. If it be litigious, 34 Hen. 6. 40. B. Prisot. Lib. intra. 511. D.  
4. If the Church be void by any clause of Statute, 13 Eliz. cap. 12.  
5. He shall lose his benefice, per 2 Edw. 6. cap. 20. for refusing to pay tithes, 12 Eliz. Dyer 294. pl. 3.  
6. If one have a benefice within 8 l. per ann. takes another and be inducted, Coke 4. part. 79.  
7. If the former be 8 l. without induction, no lapse without notice, Coke 4. part. 79. B. Digbies case.  
But after induction no notice is requisite, Coke 4. part. 75. 7 Eliz. Dyer 237. pl. 29. 8 Eliz. Dyer 255. pl. 5.  
And the value shall be according to the true value, and not according to the book of Tithes and first fruits, 7 Eliz. Dyer 237. pl. 29.  
8. Upon refusal of a Clerk, Nat. br. 35. J. 15 Eliz. Dyer 327. pl. 7.  
But Crook 18 Hen. 7. 49. pl. 2. per Frowick, if it be a spiritual Patron, than it is not requisite.  
So for avoidance per Creation, Session, or Death, Doct. & Stud. 116. B. 5 Edw. 4. 115.  
After privation the Patron grants the Advowson to A. the Ordinary collates A. he cannot be removed, for notice ought not to be given him, for it was void to all but the Grantor, Mich. 42 & 43 Eliz. come. ban. Rot. 3579. Leake against the Bishop of Coventrie.  
Notice is as to the Lapse only, for as to the presentation, the Patron may be put out of the possession of the presentation although no notice is given, Pasc. 39 Eliz. come. ban. Scriven versus Episcopum Lincoln.  

Parson.  A Parson shall have a Quare impedit for the Vicarage, for of common right it belongs unto him, Nat. br. 33. V.  
For if the Vicarage be void, and the Parson be made a Bishop, yet he shall present, for it was a Chattel invested, Nat. br. 34. N. 24 Edw. 3. 26.  
A Parson imprisoned shall have a Quare Impedit, 17 Edw. 3. 51. pl. 25.  

Prebendary.  Prebendary, although he resign after usurpation upon him, 26 Edw. 3. 3.  

Dean and Chapter.  The Chapter brought a Quare impedit against the Dean, and good, for their possessions are several, 9 Edw. 3. 134. & fol. 354. pl. 33. 17 Edw. 3. 64. 40 Edw. 3. 28. B. Finchden. 7 Edw. 3. Quare impedit 72. Lib. intra. 500 A.  

Aggregate  Hospital which hath not spiritual possessions, neither College nor scal, yet the Master shall have a Quare Impedit.  

Corporation mixed.  1. In right of the Crown, Nat. br. 32. E. the Writ.  
2. For by reason of Lapse, for this makes him supreme Patron, Doct. & Student. 124. B. Com. 498. 18 Edw. 3. 19  
Therefore, after Lapse accrues to the King, the Patron cannot present, Doct. & Stud. 126. A. 10 Eliz. Dyer 277. pl. 55.  
Nor the Ordinary collate after Lapse is accrued to the King, 17 Eliz. Dyer 339. pl. 47.  

In his own right.  But in case where notice is requisite, the King cannot present without notice, 18 Eliz. Dyer 348. pl. 12. 22 Eliz. Dyer 369. pl. 54.  
If the Dean of the Chapel Royal presents not within 6 months, the King shall present, Nat. br. 34. F. 27 Edw. 3. 84.  

Creation.  Parson created Bishop, the King shall present 21 Edw. 3. 31. pl. 14. & fol. 41. 11 Hen. 4. 37. vide 6. Eliz. Dyer. 228.  

Ratione temperalium.  21 Edw. 3. 5. pl. 13. The Writ was quia pertinet ad Regem praesentare ratione Episcopatus nuper vacantis, and good.  
The Count Lib. intra. 530. C. sect. 15.  
And needs not say in the Count, for that the temporalities were seized, 42 Edw. 3. 7. pl. 27.  
If a Church be void, during the time that the temporalities are in the hands of the King, although he makes restitution, yet the King shall present, Nat. br. 33. N. Stanford 44. Edw. 3. 17. pl. 8. 18 Edw. 3. 22. pl. 39  
If the Church voids, and the Bishop dies, the King shall have it, and not the Executors, Nat. br. 33. Q. 9 Edw. 3. 2. Quare imped. 11.  
And although the Bishop collate, Nat. br. 34. K. 11 Hen. 4. 9 A. 24 Edw. 3. 30. 44 Edw. 3. 3.  
But if he die after induction, although it be the same day, the King shall not have it, 44 Edw. 3. 3.  
Lapse accrues to the Bishop which dies, the King presents, 25 Edw. 3. 53. pl. 20.  
Lapse accrues after the death of the Bishop, the King presents, Nat. br. 34. G.  

Outlary.  So if he have judgement to have the temporalities, 21 Edw. 3. 29.  
By Outlary in a personal action the King shall present, Nat. br. 34. R. 8 Rich. 2. Quare Impedit 200. 21 Hen. 6. 56.  
A. enfeoffs B. of a Manor, to which, etc. and is outlawed, and presents per permission 
Simony.  of B. the King shall present, because the presentation is a chattel, 5 Hen. 5. pl. 4.  
Upon 31 Eliz. cap. 6.  

Note.  The plead, No. Lib. intra. 405. C. Sect. 516. B. 531. D.  
Note per 25 Edw. 3. cap. 1. the King shall not present in another's right, but for the avoidance in his own time, 11 Hen. 4. 7. pl. 16.  
Note, if the King presents one that dies before induction the King shall present again, for he had it not complete before, Coke 9 part. Holts case. Vide Regist. orig. 31. B.  
But if the King have title hac vice, and another presents A. which dies, the King hath lost his turn, Coke 7. part. 28. Baskerviles' case. No. lib. intra. 489. A.  
Yet if one be qualified having two benefices takes another incompatible, the first is void, by two years the Patron presents, and after induction, his Clerk refuses to pay his tenths, and this is certified according to the Statute of 26 Hen. 8. the Bishop being Patron collates, the King shall present for this refusal is as it were a resignation, which shall be intended a Collusion, to take away the title of the King, Mich. 29 & 30 Eliz. Com. Ban. Bott. 2299. the King against the Bishop of Lincoln.  
12 Eliz. Dyer 292. pl. 70. 25 Edw. 47. the King presents to a Prebendary ratione temporalium, and revokes it before instalment, and yet he is inducted, the King confirms it, and he is made Bishop, the Prebend dies, the King shall present again, for the confirmation was void, because he was not in ex praesentatione Regis.  
Nat. br. 38. D. the King recovers a Prebendary, and gives by Letters Patents to A. which dies, the King gives it to B. he shall have a Writ to the Justices to make execution for him.  

Disseisee.  Disseisee shall have a Quare Impedit before his entry into the Manor, to which the Advowson belongs, 21 Hen. 6. 9 B. 19 Hen. 6. 33. 33 Hen. 6. 33. B. Nat. br. 33. Q. 24 Hen. 8. Dyer 5. pl. 6. Crook. 6 Hen. 8. 169. A. Pollard.  
Disseisor presents, Disseisee enters into the Manor to which, etc. and presents, he shall have a Quare Impedit, if it be within six months, 14 Hen. 6. 24. Fulthorp.  
And if the Disseisor presents, and the disseiseisee enters into the Manor, to which, etc. and infeoffs B. thereof, with the Advowson, the Church voids, B. shall have a Quare Impedit, for by the entry of the Disseisee, he was in the possession of the Advowson, 3 Hen. 4. 7. pl. 33. 14 Hen. 6. 16. pl. 52.  
But 33 Hen. 6. 33. Prisot to the contrary, for there it is said, that until Recovery the Disseisee shall not have the Advowson.  
Disseisor dies seized of a Manor to which the Advowson belongs, the Disseisee shall not have a Quare Impedit, 24 Hen. 8. Dyer 5. pl. 6. 33 Hen. 6. 33 B. vide 19 Hen. 6. 33.  
But if it void in the time of the Disseisor, the Disseisee shall have it, although the Disseisor died seized of the Manor to which, etc. 24 Hen. 8. Dyer 5. pl. 6.  
Disseisor suffers usurpation, Disseisee enters into the Manor, Disseisee shall have a Quare Impedit, Nat. br. 36. F. 14 Hen. 6. 14. 3 Hen. 4. 7.  

Executor.  Executor of the King shall not have a Quare Impedit, but the successor, for this is a chattel Royal, 7 Hen. 4. 25. pl. 3. 1 Edw. 3. 17. pl. 8. 5 Edw. 3. 149. pl. 15.  
Executor of a common person shall have a presentment to a Church, which was void in the time of the Testator, although the Testator were but Tenant in Tail, Nat. br. 33. P. & V.  
Although the Heir be in ward to the King, Nat. br. 33. R.  
If one recover in a Quare Impedit and die▪ the Heir shall not have execution against the Executors, 9 Hen. 6. 57 A. Rolfe.  

Enfant.  At the Common Law the Infant was bound by suffering Usurpation, 35. Hen. 6. 6. 31 Edw. 3. Quare Impedit. 186. 10 Edw. 2. Quare Impedit. 43.  
But at this day he is not, per Westm. 2. cap. 5.  
Unless he be a Purchaser, 10 Edw. 2. Quare Impedit. 43. 35 Hen. 6. 60. Nat. br. 31. & 34.  
Or that the party that usurps be remitted, Nat. br. 35. M.  
If he suffer usurpation having it by descent, he is bound till full age, 16 Edw. 3. 9 Quare Impedit. 62.  
And if he suffer usurpation, and at full age enfeoff B. of the Manor to which, etc. yet B. shall not be in, Nat. br. 34. X.  
But by 16 Edw. 3. Quare Impedit. 67. Coke 6. part. Boswels case, the Infant is also bound.  

Feme Covert.  Usurpation at the Common Law shall bind a Woman Covert, 35 Hen. 6. 6. Prisot. 31 Ed. 3. Quare Impedit. 180. 10 Edw. 2. Quare Impedit. 43.  
Husband suffers usurpation, where the Woman is the purchaser, she shall not have a Quare Impedit; but if she had it by descent she shall have the next turn, per Westm. 2. cap. 5. Nat. br. 34. S.  
The Husband discontinues one Acre with the Advowson, the Wife may not present, unless after the Alienee sever the Advowson of the Acre, Nat. br. 32. 17 Edw. 3. 5. pl. 12.  

Feoffee or Grantee▪ 1. of the King, 2. of another.  The King grants the Advowson in Fee, the Church being void, the grantee presents, Nat. br. 33. N.  
But this is intended when the King hath but one Title, 10 Eliz. Dyer 269. pl. 19 9 Edw. 3. 26. Stamford. Prerogat. 44. 16 Hen. 7. 7. 18 Edw. 3. 22. A. Pole.  
For if he had two Titles, the Grantee shall not present, 13 Eliz. Dyer 300. pl. 36. 18 Eliz. Dyer 300. pl. 36. Eliz. Dyer 348. pl. 12.  
But the 9 Edw. 3. 348. pl. 24. the orders of the Templars were dissolved, the Church voids, and after the Advowson, etc. were given to the Hospitalers per Parliament, the King shall not have the presentation.  
A common person grants the Advowson in Fee when the Church was void, the Grantee shall not have the presentation, because it is a thing in action, 11 Hen. 4. 54.  
So of a Feoffment of Land, to which an Advowson is appendent, 24 Eliz. Staffords case.  
But a Feoffment upon condition, the Church becomes void, the Feoffor enters upon Condition broken, the Feoffee shall present, because it is a Chattel invested, 24 Ed. 3.  
Feoffment of the third part of a Manor, the Feoffee shall not have the third presentment, 6 Edw. 3. 215. A.  
Unless it be with three presentments, 9 Edw. 3. 341. pl. 31.  
Grantee of the next avoidance shall have a Quare Impedit, 39 Hen. 6. Quare Impedit 95.  
The Count, Lib. intra. 520. D.  
And if the Grantee levy a fine of the Advowson, yet this puts him not out of possession, 19 Edw. 3. Quare Imped. 154.  
Grantee by Parliament suffers a usurpation, this doth not put him out of possession, 16 Hen. 7. 8. Keble.  
Grantor by Fine usurps, this shall not trouble the Grantee, 31 Edw. 1. Quare Impedit 187.  
Tenant in tail for life, or years, grants their estate, the Church voids, the Grantee shall present, because it is a Chattel invested, 9 Edw. 3. 336. pl. 4.  

Daughter.  If the Daughter suffers a usurpation, the son shall not afterwards have a Quare Impedit, 11 Edw. 3. Quare Impedit 138.  

Founder.  Founder shall have a Quare impedit of common right, because he enters upon the dissolution, 12 Edw. 4. 30. A. Catesby.  

joint-tenants.  One of them shall not have a Quare Impedit against the other, Nat. br. 34. V. 14 Eliz. Dyer 304. pl. 54. 33 Hen. 6. 11. B.  
Nor against a stranger.  
But he that pleads joint-tenancy of part, the plaintiff aught to entitle himself to the Advowson, or show that he is Incumbent, 31 Hen. 6. 51. B.  
joint-tenancy of part is no Plea, 14 Hen. 6. 14. 14 Hen. 4. joint-tenants 32.  
joint-tenant presents sole, this shall not put his Companion out of possession, 27 Hen. 8. 13.  
But 11 Hen. 4. 44. Hanford é contra.  
If they make composition, and present accordingly, yet afterwards, if one be disturbed, he shall not have an action without his companion, 20 Edw. 3. 72.  

Nominator.  Nominator shall have a Quare Impedit against him that presents, Nat. br. 33. A. because he had the fruit, 14 Hen. 4. 11. pl. 9 14 Edw. 4. 2. pl. 2. 32 Hen. 8. Dyer 48. pl. 16. 22 Edw. ●. 77. pl. 103. 24 Edw. 3. 69. pl. 78. And the Writ shall be general, Nat. br. 33. A. 24 Edw. 3. 69. pl. 78.  
For if it be [Nominare] this shall abate it, 14 Hen. 4. 11. 21 Hen. 6. 17. A. But the Count shall be special, Nat. br. 33. A.  
For the 14 Hen. 4. 11. per Hill. Nominator is in a manner the very Patron, 24 Edw. 3. 69.  
A. grants to B. that he shall have the next Nomination to the Church of D. when it is void, and that he shall present his Clerk to the Bishop, if the Grantee be disturbed, he shall have a Quare Impedit, for he is the Patron, Crook. 2 Hen. 8. 161. pl. 1. per Read.  

Parceners  The eldest shall have the first presentment, Nat. br. 33. L. 38 Hen. 6. 9 pl. 19 Doct. & Student. 115. B. Nat. br. 34. V. Crook. 12 Hen. 7. 1. A.  
So the Husband of the eldest being Tenant by Courtesy, Nat. br. 33. L. 5 Hen. 5. 10. pl. 24.  
So he that hath the estate of the eldest, Nat. br. 34. V. But Crook. 18 Hen. 7. 49. pl. 5. Frowicke. if he grant this before any presentment by him, the Grantee shall not have the former presentment, because he is a stranger in blood.  
Where a Parcener grants his Fstate to B. (the Church being void) yet the Parceners ought to join in a Quare Impedit, 11 Hen. 5. 54.  
The Pleading of Partition, No. Lib. intra. 468. B. & C.  
They make partition to present by turn, the youngest dies, his Heir in ward to the King, he shall present during the Nonage, 21 Edw. 3. 32. pl. 14. 22 Edw. 4.  
Parceners agree to present by turn, this is a good partition to the possession, 20 Edw. 3. Quare Impedit. 63. 65.  
But Nat. br. 33. L. e contra. because the inheritance is severed.  
Doct. & Student. 11●. the King shall have the first presentment, the eldest the second.  
But 38 Hen. 6. 9 pl. 19 the Issue of the eldest was in ward to the King, there three others to the pleading make partition of the Manor in Carvel, except the Advowson, and sue to the King to present after, the fourth sues for the Advowson, the Issue of the eldest shall present, because the presentment of the King was in right of them all.  
Upon composition to present by turn, if it be enrolled, they shall have a Scire facias one against the other when their turn comes, Nat. br. 34. H. 21. Edw. 4. 6. pl. 36. B.  
So of a stranger that presents by turns, if the partition be of Record, Nat. br. 36. C. but they may join in a Quare Impedit against a stranger, and also present in common; but by this the Composition is waved, Nat. br. 36. D.  
The purprise of one Parcener shall not put the other out of possession, when his turn comes again, Nat. br. 34. J. 6 Edw. 3. 210. pl. 13. 7 Edw. 3. 239. pl. 27. 17 Edw. 3. 38. pl. 10. 30 Edw. 3. 15. pl. 15.  
Although that it be made by the King in right of one Parcener, being in Ward to the King, 22 Edw. 4. 8.  

Procurator.  My Procurator presents as to his own Advowson, as Procurator to me, by this I shall have again the possession, and out him, Nat. br. 35. O. 17 Edw. 3. 60. pl. 60.  
Recoveror in right of an Advowson suffers 
Recoveror.  an usurpation, he shall not have a Quare Impedit, 45 Edw. 3. Quare Impedit. 139.  

Reversioner.  Tenant for life or years suffers an usurpation, the Lessor shall not be aided by Westm. 2. cap. 5.  
But his heir shall be, Nat. br. 31. G.  
But 33 Hen. 6. 12. pl. 3. 34 Hen. 6. 27. pl. 8. e contra.  
If Tenant for years or Garden brings a Quare Impedit, and a Writ be awarded to the Bishop for the Defendant, yet the Tenant of the Francktenement is not out of possession, for the Presentee is in by course of Law 50. Edw. 3. 14. B. Coke 6. part 50. B. Boswells case.  

Queen.  The Queen shall have it alone, because she is a sole person exempt by the Common Law, and the Writ shall not say unde queritur, because she shall not find Pledges, 18 Edw. 3. 2. pl. 6.  

Lord.  The Lord that hath an Advowson by Escheat, shall have a Quare Impedit the Count Lib. intra. 500 D.  
If an Abbey which hath an Appropriation be dissolved, the Lord shall have a Quare Impedit to the Advowson, Nat. br. 33 K. Coke 2. part 47. B. Canterbury's case, 21 Hen. 7. 4. B. Frowick, 20 Edw. 4. 14. B. Com. 501. Greudons' case. 
Tenant in Tayl.   
Tenant in tail suffers an usurpation he hath no remedy, but his Issue shall have a Quare Impedit, 49 Edw. 3. 14. pl. 9 this is by the equity of Westm. 2. cap. 5. Coke 6. part 50. B. Boswells case.  
Tenant in tail of a Manor, to which an Advowson belongs enfeoffs A. which grants the Advowson to B. and Reinfeoffes, the Tenants in tail, the Issue shall not have a Quare Impedit, because the other had no remedy, Nat. br. 35. B. 19 Hen. 6, 30.  
Tenant in tail Leases his estate over, the Church voids, he dies, the Issue in tail shall present, 9 Edw. 3, 10.  
Tenant in tail suffers an usurpation before the Statute, the Issue shall not have a Quare Impedit after the Statute, 8 Edw. 2. Quare Impedit 167.  

In Dower  Tenant in Dower shall have the third presentment, Nat. br. 33. L. 33 Hen. 8. br. Presentment 55. 15 Hen. 7. 17.  
So if she have the third part of a Manor, to which an Advowson belongs, Nat. br. 34. Q. 6 Edw. 3. 215.  

For life.  Tenant for life shall have a Quare Impedit.  
The Count, Lib. intra. 513. A.  
But if he suffers an usurpation, he shall not have a Quare Impedit at any time after, 22 Hen. 6. 26. B.  

For years  Tenant for years shall have a Quare Impedit although he doth not present within the Term, Nat. br. 34. B. 9 Edw. 3. 338. pl. 6. 39 Hen. 6. 39  

In common.  Tenant in common shall not have it without his Companion, Nat. br. 34. V. 14 Eliz. Dyer 304. pl. 52. 33 Hen. 6. 11. B.  

Travers.  He that traverseth an office and hath the Land in Farm, shall have the presentment, if it be void during the time, so it be found for him, although no mention be made of the Advowson, Nat. br. 34. P.  

Note.  Note that the King upon an office found for him, shall not put the Patron out of possession, without admission and institution of his Clerk, Coke. 9 part. 96. A. Reynels case.   

Against whom a Quare Impedit lies.  

Patron sole.  It lies against a Patron sole, 29 Hen. 6. 57 19 Hen. 6. 67. pl. 14. & fol. 73. pl. 1. et fol. 75. pl. 5.  
But then the Incumbent shall not be removed, 29 Hen. 6. 57 7 Hen. 4. 34.  
Unless there be no Incumbent at the time of the Writ brought, 29 Hen. 6. 57 19 Hen. 6. 67. pl. 14. & fol. 73. pl. 1. et fol. 75. pl. 5.  

Incumbent sole.  If it be against an Incumbent sole it shall abate, 3 Hen. 4. 2. Quare Impedit 113. 41 Edw. 3. 2. Br. Quare Impedit 24. vide 47 Edw. 3. 10.  

Note.  But note, this is intended, when the inheritance, estate or interest of the Patron in the Patronage, is to be devested by the Judgement, for otherwise he ought not to be named, Coke 7 part. 26. B. Hall's case.  
When there is no Patron, the Writ shall be against the Incumbent sole, 13 Hen. 8. 12. 4 Hen. 8. 3.  
When the King presents, it lies against the Incumbent sole, because the King shall not be sued, Coke 7. part. 26. B. Hall's case. 32 Hen. 8. Dyer 48. pl. 16. 24 Edw. 3. 77. pl. 103. Crook 19 Hen. 7. 53. pl. 9  

Plaintif.  It lies for the Defendant against the Plaintiff, if the Clerk of the Defendant be not instituted, Nat. br. 35. C.  
But not of the same presentation, if the Plaintiff have brought his Writ, 19 Hen. 6. 67. pl. 14. & fol. 73. pl. 1. fol. 75. pl. 5. 22 Edw. 3. 4. pl. 10.  

Shrieve.  The King grants a free Chapel to B. by Patent, if the Shrieve will not put him in, he shall have a Quare Impedit against the Shrieve and the Writ, shall be general, 14 Hen. 4. 11. pl. 9 Haukeford.   

Quare Impedit of what disturbances it lies.  

Disturbor.  If a Disturbor presents three times within the six months; Quare Impedit lies for the former, Nat. br. 35. R.  
The Ordinary refuses to grant a Jure Patronatus, or to admit the Clerk, a Quare Impedit lies, 33 Hen. 6. 12. 32. 34 Hen. 6. 11. 35 Hen. 6. 38.  
So if it be Litigious, and the Ordinary admit a Clerk without awarding a Jure Patronatus, 22 Hen. 6. 25. Bre. 83.  
So if he do not admit him within convenient time, 22 Hen. 6. 29.  
The Bishop refuses to admit the Clerk, because it was first found in a Jure Patronatus, this is a disturbance, Nat. br. 35. G.  
Unless the Admittas be delivered to him, 21 Hen. 6. 44.   

Quare Impedit of what things it lies.  
And if one be disturbed before the Statute yet he shall have the Writ, because the Statute refers before aswel as after, 6 Edw. 3. 221. pl. 51.  
The Count Lib. intra. 646. C.  

Chappel.  It lies of a Chapel, 22 Hen. 6. 25. B.  
And it lies by Westm. 2. cap. 5. Lib. intra 52. A. Sect. 2.  
The Writ shall be ad Capellam, Nat. br. 32. H. 8.  
But if the King brings a Quare Impedit of his Free Chapel, it shall be Presentare ad Prebendam in his Frank Chapel, Nat. br. 33. & 16 Edw. 3. 3.  

Denary.  It lies of a Denary, 17 Edw. 3. 40.  

Domus Sancti Martini.  It lies of Domus Sancti Martini, in Bristol, Nat. br. 33. G.  

Hospital.  It lies of an Hospital, Nat. br. 33. G. pro Westm. 2. cap. 5. the Count. Lib. intra. 506. C. Sect. 1. 
De Medietate Advocationis.   
It lies not the medietate Advocationis neque de Advocatione medietatis, Nat. br. 33. A. 33 Hen. 6. 11. B. Prisolt. vide 4 Hen. 6. 15. B.  
But in such cases the Writ shall be general (scil. ad Ecclesiam) and not (ad medietatem Ecclesiae) but the Count shall be special, Coke 5. part 102. Winsors case, 16 Edw. 6. Dyer 78. pl. 44.  
But where there are 2 several Patrons, and 2 several incumbents of the same Church within one and the same village so that the Advowson and Church are severed in right and possession, there one patron may have a Quare Impedit de medietate Ecclesiae, Coke 10 Part. 135. B. Smith's case.  
21 Hen. 6. 4. pl. 8. in fine. One person says that he was Parson but of the Moiety of the Church, 7 Edw. 3. 246. pl. 24. Quare Impedit of the Moiety of the Church.  

Parsonage.  It lies of a Parsonage and the writ shall be ad Ecclesiam because Ecclesia is intended of a Parsonage, Nat. br, 32. H.  

Prebend.  It lies of a Prebendary, Per Westm. 2. cap. 5.  
The count, Nol. lib. intra. 507. B.  
The writ shall be ad Praebendam, Nat. br. 32. H. 40 Edw. 3. 17. pl. 7. but it ought to show the name of it, 40 Edw. 3. 17.  

Subdeconry.  It lies of the Subdeconry of York, Nat. br. 34. G.  
The writ shall be quod permittat cum praesentare, and yet the King gives it by his letters Patents, Nat. br, 34, G.  

Vicarage  It lies of a Vicarage, per 2 Westm. cap. 5.  
The writ shall be ad Vicariam. Nat. br. 32. H.   

The count in a Quare Impedit  
He that brings a Quare Impedit in his count ought to allege presentment in himself, or in his Ancestors or in him by which he claims, Nat. br. 33. H.  
1. Unless a man erect a new Church, for then the Count shall be special, Nat. br. 33. H. 17 Edw. 3. 12.  
2. If he recover in a Writ of right, than he may allege the presentation in him, against whom he recovered, Nat. br. 33. J.  
Or may have this without alleging any presentation, but may count upon the Record, Nat. br. 36. A.  
If he recover in a Quare Impedit, 42 Edw. 3. 8. pl. 5.  
3. He may allege seisin in the Procurator, Nat. br. 33. J. 17 Edw. 3. 60. et 75.  
He that alleadges presentation, aught to show that the Presentee was instituted, although that it was against a common Person. But against the King he ought to show that he was inducted, Com. 528. Bickleys case. Coke 6. part. 49. Boswels case.  
And such presentment ought to be within memory, 17 Edw. 3. 10.  

Presentation in his own name  Devisee for life alleadges the presentation in himself, and good, Coke 5. part. 37. 8 Hen. 5. 10.  
The presentation of Tenant for life, Coke 5. part. 97, 98.  
For years, 7 Edw. 4. 20. 22 Edw. 4. 9 B.  
In Dower.  
Courtesy.  
At Will, 5 Hen. 5. 3. pl. 6.  
These are the presentments of him that hath Fee.  
The King grants the Advowson to A. (the Church being void, and presents, 13 Eliz. Dye● 330. pl. 36. grants or presents by Lapse, 21 Eliz. Dyer 364. pl. 28.  
But the Issue in tail ought to allege presentment in the Donor, because he derives his title from him, Com. Mauxels case, fol. 4. B.  

Presentation in him by which he claims.  If it be alleged in the Donor or Donee, Lessor or Lessee it is not double, because the presentment of the Lessor or Donor is only traverseable, Coke 5. part 98. A. Northumberlands case.  
For the Lessee ought to allege it in the Lessor, Coke 5. part 98. A.  
Yet Presentation by him is good, 8 Hen. 25. 4.  
But in the Judgement of the Law, this is the Presentation of the Lessor, Coke 5. part 89.  
Purchasor may allege that in whose Estate he hath, 13 Hen. 8. 12. pl. 2. 2 Edw. 3. pl. 29. 1. 6. Edw. 3. 204. pl. 7. Nat. br. 33. H.  
He that brings a Quare Impedit, aught to show, specially although the Church become void, 5. Edw. 4. 72. B. for he may be removed out of the possession, by Spoliatious Disseisin, or be outed otherways, yet the Church is full.   

The Process in a Quare Impedit, 1. before appearance, 2. after.  
Vide Lib. intra, 52. B. Sect. 1, 2, 3, 4, 5, 6, 7, 8. At the Common-Law it was but a Distress infinite, 11 Hen. 6. 3. Martin.  
But per Marlebridge, cap. 12. if he appears not at the Grand Distress, a Writ shall Issue to the Bishop, 24 Edw. 3. 37. 5 Edw. 4. 115. 7 Eliz. Dyer 241. pl. 48. 7 Eliz. Dyer 241. pl. 1. Nat. br. 38. N.  
The same Law in a Scire Facias by the King upon A Judgement in a quare Impedit, 14 Edw. 3. Quare Impedit. 5.  
So if the Shrieve return a Nihil upon the Grand distress, 12 Hen. 4. 4. Hankeford, 21 Hen. 6. 56. pl. 13. 11 Hen. 6. 3. pl. 8. because the process is determined, vide 27 Hen. 6. 5. pl. 32.  
And this is for the mischief of the Lapse, 24 Edw. 3. 37.  
But if a Nihil be returned upon the summons Attachment and distress, quaere, 11 Hen. 6. 3. a Writ to the Bishop 4. yet the better opinion there is that a Writ shall Issue to the Bishop.  
And if a Quare Impedit be against two, one appears at the Grandee▪ Distress the other makes Default, a Writ shall Issue to the Bishop pro querente against him that made Default, Nat. br. 39 B. 14 Hen. 7. 19  
Quare Impedit against the Bishop, and B. B. makes Default at the Grandee Distress, the Bishop pleads that he claims nothing but as Ordinary the Plaintiff shall have a Writ to the Bishop, after the Count made, 10 Hen. 6. 4. Writ to the Bishop, 3.  
The Defendant appears, after appearance makes default, the Plaintiff shall have a Writ to the Bishop, 2 Hen. 4. 1. pl. 3. Nat. br. 38. S.  
At the Grandee distress the Defendant pleads to Issue, and makes default, a Writ shall Issue to the Bishop, without more for the Grandee distress was Issueable, 16 Edw. 3. Writ to the Bishop, 17. 12 Edw. 2. Quare Impedit, 168.  
Default at the Grandee distress, the Plaintiff shall have Judgement, Lib. intra, 507. A. Sect. 1, 2, 3. Judgement.  
The Plaintiff is Nonsuited, the Defendant shall have a Writ to the Bishop without making title as it seems, but the surest way is to make title, 33 Hen. 6. 1. pl. 2.  
T. brought an Assize of Darrein Presentment against P. and the Assize was taken by his default, and when the Assize was sworn, T. withdrawed himself, yet P. shall have a Writ to the Bishop, although he was not in Court, 9 Edw. 3. Darrein Presentment, 17.   

Bar in a Quare Impedit, 1. by the Ordinary, 2. by others.  

Litigious.  The Church was Litigious, and he Collates after the 6. months, 34 Hen. 6. 41. pl. 10. 5 Hen. 7. 19 34 Hen. 6. 38. 2 Hen. 6. 44. 18 Edw. 3.  

What shall be accounted Litigious.  It shall be Litigious where there are two Presentations and two Commissions, and one found for one and another for another, 21 H. ●. 44. A. Newton & Paston.  
But if the title of one be found, and another present, and request is made to admit the Clerk, for which it was found, it is not Litigious, 22 Hen. 6. 28. Br. of Quare Impedit, 80.  
If two joint-tenants, or Tenants in common present severally it is not Litigious, Doct. & Student, 116. A.  
If two present severally and neither the one nor the other pray Commission, the Church is Litigious, Lib. intra, 511. & 512. 35 Hen. 6. 18. pl. 27. 8 Edw. 3. 289. pl. 49.  
Claiming nothing but as ordinary, Judgement, si, etc. without special disturbance, this is good, 5 Hen. 7. 19 22 Hen. 6. 15. 33 Hen. 6. 12. 32.  
But the Plaintiff upon this may pray Judgement, and have it with Cessat Ezecatio, until, etc. Crook. 17 Hen. 7, 43. pl. 9  

Refusing the Clerk for default in the presentee which is.  1. An Alien, 7 Rich. 2. and this although he be made Denizen after. Ibidem.  
2. Bastard, Coke, 5. part 58. A. 11 Hen. 4. 8. A. 11 Hen 7. 12. 11 Hen. 4. 37. but if he be admitted it is good. 29 Edw. 3. 44. pl. 3.  
3. Blind, Coke, 11. part 29. B.  
4. Heretic, Coke, 11. part 29. B.  
5. Homicide, 38 Edw. 3. 2.  
6. Infant, Coke 5. part 58. A. 6 Edw. 3. 184. pl. 6. Herle.  
7. Jew, Coke 11. part 29. B.  
8. Illiterate 12. Eliz. Dyer 293. pl. 3. Coke 5. part 58. A. Specotts case, 40 Edw. 3. 25. pl. 31.  
9 Irreligious, 5 Hen. 7. 6.  
11 Miscreant, Coke 5. part 58. A. Specotts case.  
12. Not able upon examination, 39 Edw. 3. 1. pl. 5.  
13. Premenire, 38 Edw. 3. 3. pl. 9  
14. Himself Patron, 31 Hen. 6. 621.  
15. Saracen, Coke 11. part 29. B.  
16. Schismatic, Coke 5. par. 58. A. Specots' case.  
17. Symonist, Lib. intra. 532. A.  
18. Villain, 14 Hen. 7. 28. B.  
19 Utlaw, Coke 5. part 48. A. Specots' case.   

These are good causes of Refusal.  

Note.  Where one having a Parsonage in Wales 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 Games, 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.  

Presenter which is.  Excommunicated per 40. days 115 Hen. 7. 7. B. Keble.  
Infant not of the Age of 14. year, Perkins, 4. A.  
Joint 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 College presented by the College, 14 Hen. 8. 23.  
Utlawed, 15 Hen. 7. 17. B. Keble.  

Presentation.  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.  

Abatement.  No bar, to say that the other Writ was abated, if it were for form or false Latin, 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.  

Appendent.  The Plaintiff Counts of the presentment to the Advowson in Gross and grants it to him; defendant pleads appendent, he cannot travers that it was not in gross, because by intendment there are several Advowsons', Crook 19 Hen. 7. 51. pl. 1. 
Arbitrement. Confirmation.   
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 aught 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.  

Discontinuance.  Where one brought a Quare Impedit and discontinued a good bar, althought that it was purchased afterwards within the 6. months, Coke 7. part 27. B. Portmans' case.  

Fine.  Fine levied by the Ancestor of the Plaintiff a good bar, Lib. intra, 532. C. Sect. 3.  

Warranty  Warranty and assets a good bar, against the Issue in tail, 43 Edw. 3. 24. pl. 31.  

No Disturbor.  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 joined 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.  

Nonsuit.  Nonsuit 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.  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.  Pardon of the King by alienation no bar, if the Church be void before the pardon, 27 Edw. 3. 38.  

Plenarty.  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, than 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 aught 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 show 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. months 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. months shall be accounted according to the Calendar. Coke 6. part 61, 62. Catesbyes' case.   

Who shall plead plenarty, and who not.  

Incumbent.  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 aught 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 Months 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.  

Presentation.  A good bar to say, that the Plaintiff presented his Clerk, and was inducted before the Writ purchased, 12 Hen. 4. 11. pl. 21. vide Crook. 12 Hen. 7. 20. pl. 6.  

Recovery.  Recovery in another, Quare Impedit no Bar against the King, for he may make another title, Nat. br. 35. P.  
Recovery by the Plaintiff against another in a Quare impedit, no bar.  
Recovery by a Stranger in another Quare Impedit no bar, Crook 18 Hen. 7. 49. pl. 4.  

Recusancy.  That the Plaintiff is a Recusant Convict, a good bar, for the Presentment is given to the University, per 3. Jac.  

Release.  Release of Actions Personals a good Bar, 22 Hen. 6. 25, vel 27. Littleton fol. 116. A. 30 Hen. 6. Bar 59  
So of actions real, Littleton 116. A. 9 Hen. 6. 57 Martin.  
Presentment alleged in the Ancestry of the Plaintiff, is a good bar, to plead a Release and Quit claim of the Ancestry, pro fine 8 Ed. 2. Quare Impedit 166.  
More Plaintiffs in a Quare Impedit, the Release of one is no bar; but for him only that released, Coke 5. part. 97. B. Northumberlands case. 30 Hen. 6. Bar 59 Fortescue.   

Judgement in a Quare Impedit. 1. When he shall have Judgement. 2. Of what things he shall have Judgement.  

Upon Default.  Upon Default after appearance the Plaintiff shall have Judgement and damages, 2 Hen. 4. 1. pl. 3. Nat. br. 38. S.  
But upon Default after continuance, Distress shall issue out only, 6 Rich. 2.  
Upon Default at the Grand Distress the Plaintiff shall have Judgement, Lib. intra. 507. A. Sect. 1, 2, 3.  
Quare Impedit against two, one makes Default, the Plaintiff shall have Judgement against him that makes default, Nat. br. 39 B.  
Quare Impedit against three, one makes Default, and it is found against the Plaintiff for the others, they make title, and it seems they shall have a Writ to the Bishop, 31 Hen. 6. 15. pl. 5.  
Defendant makes title by himself and others, makes default, the Judgement shall be to have a Writ to the Bishop; but this is not before the Plaintiff have Counted, Nat. br. 38. J. 10 Hen. 6. 4. pl. 13.  

Nonsuit.  Upon the Nonsuit the Defendat shall have a Writ to the Bishop, but not before title made, Nat. br. 38. K. 2 Hen. 5. 6. pl. 28. 19 Edw. 4. 9 pl. 10. 6 Edw. 3. 23. Collusion 5. 14 Hen. 4. 11.  
Unless the Nonsuit be after Bar pleaded, 33 Hen. 6. 1. pl. 2. & fol. 55. pl. 48.  
Three sue a Quare Impedit, and two are Nonsuited, and one of the Plaintiffs was also one of the Defendants, therefore he cannot make title, ideo quaere if they shall not have a Writ to the Bishop without title made, 11 Hen. 6. 8. pl. 13.  
A. sued divers Writs against B. of the same Church, and is nonsuited in all, except one, the Defendant shall not have a Writ to the Bishop, until that be determined, Nat. br. 38. R.  
The Defendant makes title to himself and another, the Plaintiff is nonsuited, the Defendant shall have a Writ to the Bishop only: 13 Edw. 3. br. Episc. 25.  
The Shrieve returns a tardè, etc. the Plaintiff makes default, he shall be nonsuited, but the Defendant shall not have a Writ to the Bishop, because the Writ was not served, 2 Hen. 5. 3. pl. 14. Nat. br. 38. O. 2 Hen. 5. 6.  
If an Infant be nonsuited the Defendant shall have a Writ to the Bishop, 2 Mariae Dyer 104. pl. 13.  
A brought a Quare Impedit against B. C. & D. and is nonsuited, B. dies, C. & D. shall not have execution alone, 11 Edw. 3. br. Episcopo 55.  
If one of the Coparceners be nonsuited, yet the other may fine, and the Defendant shall not have a writ to the Bishop, upon this nonsuit, 38 Edw. 3. 35. br. Episc. 126.  

Discontinuance.  The Plaintiff discontinued his suit, the Defendant shall have Judgement to have a Writ to the Bishop, Coke 7. part. 27. B.  

Composition.  A. brought a Quare Impedit against B. and sued a Ne admittas, and then they compounded to present by turn, there shall be a specicial writ out of the Chancery to the Bishop to admit the Clerk that ought first to be admitted.  

Disclaimer.  Quare Impedit the Defendant disclaims in the Advowson, the Plaintiff shall have Judgement and a Writ to the Bishop, 6 Edw. 3. 7. Error 78.  

Abatement.  Where a writ abates for form, or false Latin, there shall not be Judgement for the Defendant to have a Writ to the Bishop, Nat. br. 38. H. 14 Hen. 4. 11. 13 Hen. 4. 7.  
The Defendant makes default, the Incumbent abates the Writ by Plea, the Defendant shall not have a Writ to the Bishop, because he made default, Nat. br. 38. H.  
If the Plaintiff being a Prebend, be made a Bishop in Dublin, this shall abate the writ, per Wilby. 24 Edw. 3. 26. pl. 21.  
The Writ abates for Misnosmer, or non-sufficiency, the Defendant shall not have a writ to the Bishop, Nat. br. 38. M. 31 Hen. 6. 15.  
If a Quare Impedit is brought in Com. M. and the Count of the Church in Com. O. the Writ shall abate, but the Defendant shall not have a Writ to the Bishop, 21 Rich. 2. 29.  

Verdict.  It was found by verdict that the Metropolitan collated where the Ordinary aught, and when the year is passed, the Plaintiff shall have a writ to the Bishop, Nat. br. 38. P.  
In a Quare Impedit between A. and B. if the title appear for the King, Judgement shall be given for him, Nat. br. 38. E.   

The writ to the Bishop, to whom it shall be directed.  
If a man recover against another as well as the Bishop, he ought to have a Writ to the Bishop of the Diocese, Nat. br. 38. C.  
If the Writ be against the Bishop, although he claim but as Ordinary, yet the Plaintiff shall have a Writ to the Bishop, 8 Hen. 4. 22. Lib. intra. 521  
If a man recover against the Bishop, he shall have a Writ to the Bishop or Metropolitan, Nat. br. 38. B. & Q. 18 Eliz. Dyer 353. pl. 30. 38 Edw. 3. 12. B.  
If it be once to the Metropolitan he shall never have it to an inferior Bishop afterwards, ibidem.  
Or to the Vicar general, if the Bishop be out of the Realm, Nat. br. 38. Q.  
Or to the Garden of the Spiritualities of the Archbishop, 7 Hen. 4. 36.  
If there be no Bishop of the Diocese, then to the Metropolitan, if no Metropolitan, then to the Garden of the Spiritualities; but if before the execution the Bishop be made, quaere if the power of the Garden be not determined, 18 Eliz. Dyer 350. pl. 19  
If it be against the Archbishop of York, the Writ shall be to the Metropolitan, 15 Eliz. Dyer 328. pl. 7.  
The King recovers a Prebendary or Subdeconry, or dignity against the Bishop, and gives it by Letters Patents to A. yet A. shall have a Writ to the Bishop. And if he die before induction, and the King grants this to B. he shall have a Writ out of the Chancery, and a Writ to the Bishop, Nat. br. 38. D.  
The King recovers a Prebendary, and hath a Writ to two Bishops, because the Prebendary was in one Diocese, and the Church in which the Prebendary is, in another Diocese, 24 Edw. 3. 37. pl. 56.  
If a man recover a Chapel donative, he shall have a Writ to the Shrieve, Nat. br. 48. A.   

Process in a Writ to the Bishop.  
The Process is, alias plures, Attachment, or a Writ de quare non admisit, Nat. br. 47. C.   

Of what things a man shall have Judgement.  
1. A Writ to the Bishop and no damages.  
Coke 6. part. 51. A. Boswels case. At the Common Law were no damages in a quare Impedit.  
Statute Westm. 2. cap. 5. is, Si tempus semestre transierit per impedimentum alicujus, ita quod Episcopus ad Ecclesiam conferat, & verus Patronus ea vice praesentationem amittat, adjudicentur dampna ad valorem medietatis Ecclesiae pro duobus annis, & si non transierit sed disrationetur praesentatio infra tempus praedictum tunc adjudicentur dampna ad valorem medietatis Ecclesiae per unum annum.  
The King is not within this Statute to have damages, for at the Common Law the King is not in danger to lose his presentation, per plenarty, Coke 6. part. 51. A. Boswells case. 3 Hen. 6. Damages 17. 34 Hen. 6. 51. 14 Edw. 3. Quare Impedit 54. 33 Edw. 3. Br. 916. vide 7 Edw. 6. Dyer 236. pl. 28.  
It is found for the Plaintiff, and that the Church is full the Plaintiff may have a writ to the Bishop, but then he shall recover no Damages, 24 Edw. 3. 35. pl. 42. & 75. pl. 97.  
It is found that the Ordinary presented before his time, the Plaintiff releases damages, and had a Writ to the Bishop, 11 Hen. 4. 79. pl. 22.  
The Ordinary claims nothing but as Ordiry, the plaintiff had Judgement against him, the Disturber, and his Clerk dies, the plaintiff shall have execution, but it seems no Damages, Crook 17 Hen. 7. 43. pl. 9  
The Defendant comes the first day, and confesseth the Action, there shall be a writ to the Bishop, but no damages, 4 Edw. 2. damages 9 5 Edw. 3. 133. pl. 13. 5 Edw. 3. 139. pl. 44.  
Quare Impedit against the Incumbent, the King revokes his presentation, the plaintiff shall have no damages against the Incumbent, 44 Edw. 3. 35. B.  
The plaintiff shall not have damages against the Incumbent, if he pleads not, or proved a Disturber, 45 Edw. 3. damages 39 but shall recover only the presentation, 5 Edw. 3. 13.  

Single Damages.  A writ to the Bishop and single damages, 17 Edw. 3. 5. pl. 12. 24 Edw. 3. 37. pl. 54. 26 Edw. 3. 75. pl. 25.  
A. sues B. & C. and it is found that B. only had right, B. shall have damages, against A. and C. 45 Edw. 3. 14. pl. 12. & br. Episcopo.  
Quare Impedit against the Ordinary and B. the Ordinary confesses the Action, and it is found against B. and that the Church is full of the presentment of B. the Plaintiff shall have a Writ to the Bishop, and single damages, or double damages and no writ, 39 Edw. 3. 15. But shall not have both, 5 Edw. 3. 150. pl. 10.  
The Defendant confesses the Action, the Plaintiff shows that the six Months are past, and had a Writ to the Bishop and damages, 21 Edw. 3. 55. pl. 8. 20 Edw. 3. Collusion 34. 6 Edw. 6. Dyer 76. pl. 35.  
The Plaintiff and the Ordinary are at issue upon the ability of the Incumbent, the Ordinary admits him, the Plaintiff shall have a Writ to the Bishop, and single damages; for the admittance proves him able, 40 Edw. 3. 25. pl. 21.  
A Writ to the Bishop, and a Writ to the Shrieve to inquire of damages, 19 Edw. 3. Quare Impedit 156. 24 Edw. 3. 37. Lib. intra. 507. C. Sect. 6, 7, 8.  
It was found that the Metropolitan collated before his time, the Plaintiff shall have a writ to the Bishop, but then he shall have but single damages, 11 Hen. 4. 80. Nat. br. 38. P.  
The Bishop grants proximam praesentationem to B. and dies, the Church voids, the Successor collates, B. brings his Quare impedit within 6 Months, two years pass, the Plaintiff had judgement, and upon his payer to remove the Incumbent and single damages and a writ to the Bishop or Metropolitan at his election, ●, et 3, Mariae. Eliz. Dyer. 194. pl. 3●.  
Quare Impedit against the Ordinary which Collates and pleads to the plaintiff that the 6 months are passed, the plaintiff recovers the presentation land single damages for where the Ordinary claims as avowee where h● cannot maintain the right, he cannot collate as ordinary for the time past, 5 Edw. 3. 150. pl. 19 Coke. 5. part. 58. B. 30. Edw. 3. 15. pl. 4.  
The same law is upon recovery against another man if the plaintiff will at his peril have a writ to the Bishop, 6 Edw. 6. Dyer. 77. pl. 35. 11 Hen. 4. 79. pl. 22.  
Quare Impedit against the Bishop of I. the Metropolitan and against G. his Clerk they make default at the grande distress, and a writ of enquiry of the points, and damages, and found that the Church was void 2 years, and that the Metropolitan collated G. and Judgement that the plaintiff shall have a writ to the Bishop and single damages, and the defendant in misericordia, 7 Eliz. Dyer. 241. pl. 48.   

A Writ to the Bishop and double damages.  
Quare Impedit against the Ordinary and B. the 6. month's pass the plaintiff shall have double damages although the ordinary did not collate because he had jus conferendi and also a writ to the Bishop, 43 Edw. 3. 10. pl. 33.  
The plaintiff recovers double damages because the 6 months were passed and also a writ to the Bishop and his Clerk instituted because the Bishop did not collate but this was not done by the party, 8 Edw. 3. 280. pl. 9  
A man mall recover double damages although he recover all before the 6 month's pass, 13 Edw. 4. 3. Littleton.  
Single damages and no writ to the Bishop.  
Before the return of the writ to inquire of damages the 6 month's pass the Bishop collates yet but single damages, 24 Edw. 3. 35. pl. 13. 27 Edw. 3. Damages 106.  
But the reason it seems is because of the former Judgement that he shall have a writ to the Bishop and this being of Record shall stop him.  
22 Hen. 6. 28. Damages but no writ to the Bishop. Quare Impedit against a Parson impar● parsonee and found for the defendant he shall shave damages but no writ to the Bishop. Nat. br. 38. L. 26 Hen. 6. bre Episcopo. 6.   

Double damages and no wr●t to the Bishop.  
Quare Impedit against the ordinary, and B. the ordinary confesseth the action and it is found against B. and the Church is full of the presentment of B. the plaintiff shall have double damages but no writ to the Bishop, or shall have single damages and a writ to the Bishop at his election, 39 Edw. 3. 15.  
The Ordinary entitles himself by Lapse, the Patron and Incumbent confess the Action, the Plaintiff shall have double damages against the Patron and Incumbent, 34 Hen. 6. 41. 34 Hen. 6. 39  
Quare Impedit against the Patron and Incumbent, they traverse the title, the 6 months' pass, the Plaintiff shall have double damages against both, 46 Edw. 3. 15. pl. 5.   

Two Writs to the Bishop.  
The Defendant in a Quare Impedit brought a Darrein presentment against the Plaintiff, the Plaintif is nonsuited in the Quare Impedit, the Defend. recovers in the Darrein presentment, the Defendant shall have judgement to have two Writs to the Bishop, but shall not have damages twice, Nat. br. 39 D.   

In what Court, and what Judges have power to award a Writ to the Bishop.  
Justices of Nisi prius have power, per Westm. 2. cap. 30. & 40. 14 Edw. 3. cap. 16. 9 Eliz. Dyer 260. pl. 21. 6 Edw. 6. 76. pl. 34.  
The Lords in Wales have not power, 36 Hen. 6. B. Fortescue, 35 Hen. 6. 30. pl. 35. 3 Edw. 3. 63. pl. 35. 8 Edw. 3. 319. pl. 15. 24 Edw. 3. 33. pl. 26. Regist. orig. 31. A.  
Lord in ancient Demeasn hath no power to award a writ to the Bishop, 7 Hen. 6. 35.  
The Five Ports cannot award a writ to the Bishop, 21 Hen. 7. 88 pl. 7. Crook.   

Ne Admittas.  
What Person shall have it.  
The Plaintiff in a Quare Impedit, or Darrein presentment shall have it, Nat. br. 37. F.  
So the Defendant shall have it, Nat. br. 37. H.   

In what Cases it lies.  
When a Quare Impedit or Darrein presentment is depending, and the Plaintiff or Defendant supposeth that the Bishop will admit the Clerk of the other, than a Ne admittas lies, Nat. br. 37. F. Regist. orig. 31. A. 21 Hen. 44. Newton. Vet. Nat. br. 24. B.  
If one of the Writs be not depending, than it lies not, Nat. br. 37. H.  
For if the right of Advowson is depending, it lies not, because the presentation is not recovered in it, Nat. br. 48. Q.  

Note.  But note, that this lies before any certificate made, that a Quare Impedit or darrein presentment is depending, Nat. br. 37. H.  
Yet the party grieved shall have a Writ to the chief Justice, to certify if any writ be depending, and if he certify none, than a Supersedeas shall be awarded, Nat. br. 37. H.  

Note.  Note that this Writ does not hinder the Ordinary, but that he may present by Lapse, unless he be party, Nat. br. 48. L. Vet. Nat. br. 24. & 25.   

Within what time this aught to be brought  
Locum habet infra tempus semestre, & non postea, quia Dioceanus illam conferat per Lapsum temporis ad sex menses, quia Dioceanis illud specialiter est inductum, Regist. orig. 37. F.  
Yet for the King it always keeps place, Regist. orig. 31. A. Nat. br. 37. F. & G. vide Br.   

The Writ.  
The Writ shall be allon●, although the Bishop be party, tamen olim fuit, ne conferatis alicui Ecclesia & de N. quae vacat, Regist. orig. 31. A B. Nat. 38. A.   

The Process.  
Is Prohibition, Attachment, and Distress, Nat▪ br. 24. & 25.   

Quare non admisit.  
Out of what Court this issueth.  
It issueth out of the Com. Ban. because it issueth out of the Rolls, Regist Orig. 32. A. Vet. Nat. br. 25. B. 12 Edw. 3. Quare non admisit 6.  
For this is a Judicial Writ, Vet. Nat. br. 25. B. Regist. orig. 32. A. 12 Edw. 3. Quare non admisit 6. & per Nat br. 47. C.  
This may issue out of the Chancery in the Term also.  
If the King recover in Com. Ban. in Quare. Impedit he may have this Writ in Ban. Regis, Nat. br. 47. D.   

What Person shall have it.  
Every one that recovers, if the Bishop will not admit his Clerk shall have it, Nat. br. 47. C. Vet. Nat. br. 25. B.   

Against whom it lies.  
It shall ●e brought against the Bishop, although the Vicar general made the refusal, Vet. Nat. br. 26. A. Nat. br. 47. J. 13 Edw. 36. Quare non admisit 4.  
It was brought against the Garden of the spiritualities, upon refusal of the Bishop which is dead, Vet. Nat. br. 26. A. Nat. br. 47. J.  
But it was denied against the Archbishops Garden of the spiritualities.  
And yet Quaere per 17 Edw. 3. 27. pl. 9 if the Metropolitan of Common right be not Garden of the spiritualities.  
It was maintained against the official of the Bishop, Nat. br. 47. N.   

In what Cases this lies.  
When a man recovers his presentation, and will not admit his Clerk, the party shall have this Writ, Vet. Nat. br. 25. B. Nat. br. 47. C.  
And this is although the Bishop return cause, 9 Dyer●60 ●60. pl. 21. Coke 6. part. 52. A. Boswels case.  
But if the Record be removed, it lies not till Judgement be affirmed, Nat. br. 47. E.  
The Bishop refuses, and afterward admits him, yet the party it seems shall have this Writ, Nat. br. 47. L.   

The Writ.  
1. It ought to rehearse the recovery in the Quare Impedit. Nat. br. 47 C.  
2. It ought to be brought in the County where the refusal was, because he shall recover nothing but damages, Vet. Nat. 25. B. Nat. 47. F. Coke 7. part. 3. A Bulwers case. 38 Hen. 6. 14. & 15. 39 Edw. 3. 2. pl. 5. 29 Hen. 8. Dyer. 40. pl. 69.   

The Count  
The writ was against the Bishop, and counted, although the Vicar general refused, and yet good, 13 Edw. 3. Quare non admisit 4. Vet. Nat. br. 26. A.  
The King counted not upon what original or what title he recovered, and yet good, 20 Edw. 3. Quare non admisit 10.   

The Bar.  
That he admitted him, and made Letters to the Archdeacon, to induct him a good bar, 38 Hen. 6. 14. Nat. br. 47. H.  
The Bishop collates by Lapse, a good bar, Nat. br. 47. M.  
Or that it was litigious by the presentment of a stranger, 9 Edw. 3. Quare non admisit, 12. 34 Hen. 6. Quare Impedit 89. 34 Hen. 6. 41. pl. 10.  
But A. and B. contend by which the Bishop Collates by Lapse, and after the King recovers in a Quare Impedit, this is no bar in a Quare non Admisit, brought by the King, 23 Edw. 3. 22. Quare non admisit. 11.  
Excommunication cannot be pleaded in the Plaintiff, because the Writ supposeth a contempt that the Plaintiff hath presented his Clerk in the Writ named after Judgement; But a good plea that the Incumbent did not make request after Judgement, 21 Hen. 7. 71. pl. 14. Crook.  
No such Record a good Plea, Coke 8. part Dreuries Case.  
A good Bar that the Church was full before the Recovery of one not named in the Recovery, Nat. 47. K.  
The Bishop returned that it is seized into the hands of the King, by reason of Ward and so full of the King's presentment, this is good, 9 Eliz. Dyer 260. pl. 21. tamen Coke 6. part 52. A. Boswels case, è contra.   

The Judgement.  
The Judgement is, but to have damages, Nat. br. 47. G.   

Quare Incumbravit.  
In what Court it shall be brought.  
It is a Writ Original, and therefore it ought to Issue out of the Chancery, Nat. br. 48. G.  
But it shall be brought in Com. Ban. because it is a Common plea. Vet. Nat. br. 26. B.  
And although the Record be removed, Nat. br. 48. F. because it is an Original Writ per Shared 17 Edw. 3. 55. A.  
But the King may bring this in Ban. Regis although the Record be in Com. Ban. But a Commonperson shall not, Nat. br. 48. F. 17 Edu. 3. 50. pl. 21.   

What person shall have it.  
The Plaintiff or Defendant in a Quare Impedit or Darrein presentment that Recovers.   

Against whom it Lies.  
It lies against the Bishop, Vet. Nat. Br. A.   

In what Cases this Lies not.  
It lies not in right of Advowson, Nat. br. 48. Q.  
It lies not unless a Ne Admittas be first directed to the Bishop a Quare Impedit depending, Vet. Nat. br. 26. B. Nat. br. 48. H.  
Yet it was maintained although no other Writ was first attained, Vet. Nat. br. 27. A.  
It lies not unless the party hath recovered before by Judgement of the Court, Nat. br. 48. E. 17. Edw. ●. 50. pl. 21.  
The Encumbering by his Collation ought to be alleged to be within 〈◊〉 months. Nat. br. 48. L.   

The Writ.  
And if he admit the Clerk of the other person after the six months, which was presented before the Action, the Writ lies, Nat. br. 48. L.  
The Writ is Original and Issueth out of the Chancery only. Nat. br. 48. G. 17 Edw. 3. 74. B. Vide the Writ Nat. br. 48. O. Regist. Orig. 32. A.  
It ought to be brought in the County where the Church is, because the Clerk of the Bishop shall by this be removed, and the Clerk of the other admitted, Coke 7. part 3. A. Bulwers case, Nat. br. 48. D. 38 Hen. ●. 14. pl. 32.  
It ought to make mention of the Recovery, Nat. br. 48. K. Regist. Orig. 32. B. But 18 Ed. 3. 17. by Wilby he ought not to mention.  
The Writ needs not mention before what Justices the Recovery was and yet good, 18 Edw. 3. 17. pl. 19 17 Edw. 3. 74. pl. 109. The Writ, 1. It needs not mention where the Court was when the Recovery, because it is an Original Writ. 2. Nor that the Bishop Encumbered it within the six months, for it shall be intended. 3. It is good although it bore Date within the six months, for it shall be maintained after the recovery, and the party shall have it. 4. It lies in Com. Ban. although that the Record be removed, because it is an Original.   

The Count  
The Count ought to mention the Recovery, Nat. br. 48. K.  
It needs not to recite all the Record of the Recovery, although that it was recovered by Darrein presentment, 17 Edw. 3. 55. pl. 34.  
The Count mentions that the Bishop did Encumber (the Writ depending) concerning the Church yet good, 17 Edw. 3. 74. pl. 109.  
If one Writ be abated the Plaintiff in another Writ may vary from the Count, Nat. br. 48. M.   

The Process.  
It is Summons, Attachment and Distress, vet. Nat. br. 26. B.   

The Bar.  
The Church was Litigious, and that he did Collate by Lapse, 34 Hen. 6. 38. Quare Impedit, 89. A good bar.  
No such Record, a good Bar. vet. Nat. br. 26. B.  
Error brought and the Record removed, in Ban. Regis. no bar. vet. Nat. br. 26. B.  
Did not Encumber after the prohibition to him delivered a good bar. Nat. br. 48. M.   

The Judgement.  
Is to have his presentment and his Damages, Nat. br. 48. H. 38 Hen. 6. 14. Coke 7. part. 3. A. Bulwers case, 21 Edw. 3. 3. pl. 7.  
If the Plaintiff be Nonsuited, yet it is not to him peremptory, Nat. br. 48. M.    

Replevin.  

In what Court it lies.  
In the County Court by plaint, per Marlebridge, cap. 21.  
And this may be before the day of the Count, 9 Edw. 4. 48. 21 Edw. 4. 66. pl. 46.  
But by the Common Law the Shrieve cannot make a Replevin without a Writ, 8 Eliz. Dyer. 246. pl. 67.  
In the 5. Ports, Regist. Orig. 79. A. Nat. br. 67. A.  
In a court Baron by plaint, but this aught to be entered Sedente Curia. 21 Edw. 4. 66. pl. 46.   

In Ban. Regis. or Com. Ban.  
But Ancient Demean is a good plea to out the Court, because the reality may come in debate, Coke 5. part 105. Aldens case, vid. 2 Ed. 3. 32. pl. 10. 17 Ed. 3. 52. pl. 28. & fol. 75. 40 Ed. 3. 4. pl. 9 29 Ed. 3. 9 pl. 29. 4 Ed. 3. 123. pl. 34.  
It lies not in the marshalsea, Coke 10. part 74. Marshalsea.   

Who shall have a Replevin.  

Administrator.  Administrator shall have a Replevin de bonis Testatoris, the Count. Lib. intra. 560. B. Sect. 2.  

Husband and Wife.  Husband and Wife shall join in a Replevin for Distress taken upon the Land of the Wife, 2 Edw. 2. Replevin. 42. Digest. brevium. 53. Sect. 2.  
But for goods of the Wife sole taken which takes a Husband, the Husband alone shall bring the Action, Nat. br. 69. K. 33 Edw. 3. Repleg. 43.  

Baylee.  If goods be bailed to A. he shall have a Replevin of them against a stranger, 21 Hen. 7. 14.  

Executor.  Executor shall have it for goods taken in the Testators time, 17 Edw. 3. Executors, 106. 24 Edw. 3. Avowry, 257. 21 Hen. 6. 1. B. Mark●ham.  
Executors shall have the goods that were Testators. Regist. Orig. 81. B. 5 Edw. 3. 133. pl. 14. 18 Edw. 2 Repleg. 24. 18 Edw. 3. Severance, 28.  
And when he brings it of his own possession he shall have it before the Probat of the Testament, Com. 281. A.  

Joint Tenant or Tenant in Common.  Joint Tenant or Tenant in Common joins in a Replevin. 11 Hen. 6. 31.  
But if two others join the Writ shall abate, 11 Hen. 6. 31. 3 Hen. 4. 16. 21 Edw. 4. 23.  
But in a Homine Repleg. Estrangers' may join, Nat. 66. F. 8. Edw. 4. 16. pl. 19 Propter favorem libertatis, and yet 8 Hen. 4. 2. Is that they shall not join.  

Parson.  Parson shall have a Replevin of a Mortuary after Seizure, but not before, Com. 281. A. Foxes case, 10 Hen. 4. 1.  
For he had not property before Seizure, 16 Hen. 7. 5. pl. 3. Brian.  

Proprietor.  1. He that hath not the property shall not have a Leplevin, 6 Hen. 4. 2. pl. 17. 7 Hen. 4. 18. 11 Hen. 4. 17. pl. 39 2 Hen. 6. 14. pl. 10. 20 Hen. 6. 18. A. 35 Hen. 6. 2●. A. 39 Hen. 6. 35. pl. 47. 4 Edw. 2. 1. pl. 2. 9 Edw. 3. 340. pl. 19 Lib. intra. 568. C. Sect. 5.  
2. But he that hath cattle by way of Agistment shall have a Replevin because he hath a Special property, 3 Edw. 3. 71. pl. 36. 42 Edw. 3. 18. pl. 32. ●1 Edw. 4. 54. pl. 24.  
3. So he that hath them to manure his land, 42 Edw. 3. 18. 11 Hen. 4. 29. 21 Hen. 7. 14. 21 Edw. 4. 54. pl. 24. 2 Edw. 3. 34. pl. 19  
4. So if one have goods bailed to him, 21 Hen. 7. 14.  

Lord.  The Lord of a Villain shall have it, for cattle of a Villain taken for the bringing of the Action is a sufficient claim, 42 Edw. 3. 18. 33 Edw. 1. 3. Repleg. 43. 30 Edw. 3. Repleg. 36. 19 Edw. 3. Repleg. 32. 9 Hen. 6. 26. Babington, Nat. br. 69. F.  
But he shall not have damages for the taking but only for the Detainer. Nat. br. 69. F.  

Successor.  Successor of an Abbey shall have it for taking any thing in the time of his predecessor, 9 Hen. 6. 25. pl. 21 Martin.   

Against whom a Replevin lies.  

Baylee.  It lies not against him that hath goods delivered to keep, Lib. intra. 569. B. Sect. 1.  

King.  It lies not against the King nor where he is party, nor where the taking is in right of the King, 3 Hen. 7. 1. Keble.  

Lord.  It lies against a Lord that distreyns wrongfully although the goods come again to the owner. Nat. ●r. 69 H.  

Shrieve.  It lies against the Shrieve, and the Writ shall be in the common form, and he shall be named by his proper name, Regist. Orig. 81. B.   

Of what things a Replevin lies.  

Cattles.  It lies of Cattles, Regist. Orig. 81. Coke 1. part 141. Mayowes' case, the Count. Lib. intra. 570. C. Sect. 123. 4. Coke 1. part 54. A. Capulets case: and needs not mention the Colour or value, but only the kind and nature.  
But aught to show the place for the taking in another place shall abate it, 2 Hen. 6. 14. pl. 10. 35 Hen. 6. 40. pl. 1.  

Wood  It lies of wood within the forest, Regist. orlg. 86. B.  

Barge.  Replevin lies of a Barge, 2 & 3 Mariae. Dyer 117. pl. 73.  

Mastiff.  It lies of a Mastiff, 12 Hen. 8. 3.  
Of a Leveret, 2 Edw. 2. Distress 20.  

Deeds.  It lies not of Deeds for Land, because they are Real, 4 Hen. 10. pl. 4.  

Bees.  It lies of a Hive of Bees, Regist. orig. 81. A.  

Ferret.  It lies of a Ferret, 2 Edw. 2. Avowry 142.  

Grain.  It lies of Grain in a Wagon, Lib. intra. 560. B. Sect. 2. 562. D. Sect. 3.  

Man.  It lies of a man if he be not committed by the command of the King or his Justices, or of the death of a man, Regist. orig. 77. B. Nat. br. 66. E.  
Or by Justice of the Forest outlawed, approver, taken for Felony with the manner, breaking prison, known Thief, appeal by an approver, burner of un house, or counterfeiting the Money or Seal of the King, or taken by an Excommunicata Capienda, or for Treason, Convict of Redisseisin, Nat. br. 66. E.  
But if a man be taken for trespass in a Forest he shall be replevied, Regist. Orig. 80. A.  
And the Writ shall be directed, Custodi Forrestae, and if he be not delivered, than a Replevin shall issue to the Shrieve, and an Attachment to attach the Garden of the Forest, per 1 Edward. 3. cap. 8. Statute 1. Regist. Orig. 80. B. Nat. br. 67. A. B. & C.  
And so for a Trespass at the King's Chase, Regist. So. B. because the Chase remains at the Common Law. Nat. br. 67. D.  
And so if a man Rescues one Indicted and Convicted for a Trespass in the Forest. Regist. Orig. 81. A.  

Sheep and Lambs.  If one takes Sheep which afterwards have Lambs, it lies of all. Nat. br. 69. D. 18 Ed. 3. 48. pl. 55.  

Park.  It lies of a Park seized into the hands of King, Regist. 80. B. Nat. br. 67. E.  

Sow and Pigs.  It lies of a Sow and Pigs which were not pigged at the time of the taking, 12 Edw. 45. pl. 10. 18 Edw. 3▪ 48. Nat. br. 69. D.  

Cows and Calves.  It lies of Cows and Calves not Calved at the time of the taking. Nat. br. 69. D. 18 Ed. 3. 48. pl. 55.  

Yarn.  It lies of Yarn, Mich. 39 & 40 Eliz. Com. ban. Burley versus Read.   

The Writ.  
If a live and dead thing be put in one Writ the live shall be put first, Regist. Orig. 81. B.  
If it be of more live things ye shall say, Averia, Regist. Orig. 81. B. Nat. br. 68 D. Com. 229. A.  
And if the writ be Averia, and the Count be de bonis & Catallis it is not good, because the Count is more large, 2 Hen. 4. 25. pl. 28.  
If it be of a live thing it shall be named particularly, Regist. Orig. 81. B. Nat br. 68 D. Com. 229. A. 20. Hen. 6. 4●. pl. 21.  
If it be of more dead things it shall be Catalla, and not Averia, 2 Hen. 4. 25. pl. 28. Nat. br. 68 D. If it be of one dead it shall be named, Nat. br. 68 D. Regist. 81. A.  

Misnosmer of the Place.  The Defendant shall not plead Misnosmer of the place, but may say that he took it in another place, 16 Hen. 7. 5. pl. 4. fol. 7. pl. 9  

County.  Distress in one County and impounded in another County, Replevin lies in any of the Counties, Nat. br. 69. I.  

Village.  A good plea that the Defendant took the cattle in another village, 2 Hen. 6. 14. pl. 10.   

The Process 1. of a man Replevied. 2. of Chattels.  
Repleg. alias plures & Attachment against the Shrieve, Nat. br. 66. F. 167. B.  
If the Shrieve return him not reprevable, a Capias in Withernam shall Issue, Regist. Orig. 79. A. 80. A. & B.  
If upon the Capias in Withernam, a non est inventus be returned then a Capias in Withernam against his goods, Nat. br. 68 C.  
Repleg. alias and plures. Nat. br. 68 E. F. G.  
And an Attachment to the Coronors against the Shrieve, Regist. Orig. 81. A.  
Upon a return that the Bailie of a Franchise makes not an answer or will not make deliverance, there shall be a Non omittas, but it seems that the Shrieve ought to do it without a Writ, Nat. br. 68 F.  

If the Shrieve return 

Fugavit, in another County.  
That the Bailie of the Liberty returns elongata.  
Or that he cannot have the view.  
Or that the cattle elongata out of the County.  
Or that the Bailie of the Liberty returns that they are impounded within the rectory of S.     
In all these Cases Withernam shall be awarded, Nat. br. 68 G. 69. A.  
And upon this three Capias' and an Exigend. 5 Edw. 4. 18. A. Danby.  
The Writ of Withernam ought to rehearse the Return of the Shrieve, Nat. Br. 69. B.  
The Writ, Regist. Orig. 82. A. No. Lib. intra. 611. B. Sect. 21.  
If the Reply be in the County per plaint, and the Bailie return elongata, the Shrieve ought to inquire by Inquest, and then Withernam shall be awarded by him, and if he refuse the party shall have a Writ against him, and an Alias pluries, and an Attachment, Nat. br. 69. C.   

Second Deliverance.  
At the Common Law a man may be nonsuited in a Repleg. and have a new Replevin infinite, 34 Hen. 6. 37. Danby. 10 Hen. 7. 29. pl. 23. 19 Hen. 8. 12. pl. 7.  
And yet if the Writ abate per plea or confession, there shall be another Replevin, 34 Hen. 6. 37.  
But by Westm. 2. cap. 2. if one be nonsuited in a Replevin, he shall have but a Second Deliverance out of the Rolls of the former Judgement, 19 Edw. 2. Repleg. 25. 4 Hen. 6. Return of cattle 6. 21 Edw. 4. 6. 2 Hen. 4. 23. 30 Hen. 8. Dyer 41. pl. 4. 21 Edw. 4. 6. pl. 16. 32 Edw. 3. Return of cattle 18.  
But if Judgement be given against the Plaintiff in a Repleg. upon a demurrer or Verdict, no Second deliverance, 2 Hen. 4. 23. pl. 9  
And Second Deliverance shall not be, but in the same Court, Com. 206. B.  
Yet if he be nonsuited in the County Court, and it be removed in Ban. yet it shall issue out of the Ban. 13 Edw. 3. Repleg. 37.  
And if he be nonsuited in Second Deliverance, he shall not have another Writ, 4 Hen. 6. 8. Return of cattle. 6.  
Second Deliverance is one Writ judicial issuing out of the former Record, per 2 Westm. cap. 2.  
Vide the Writ Lib. intra. 572. B. Sect. 2, 3, 4.  
Vide the Count. Lib. intra. 572. B. 5, 6. No. Lib. intra. 589. A. Sect. 8.  
And if a man be Nonsuited in a Repleg. after Declaration, the second deliverance ought to agree with the Replevin in day, place and number, etc. 3 Hen. 6. 9 pl. 10. 21 Hen. 7. 28. vid. 12. Hen. 7. 4. 49 Edw. 3. 29. Persay.  
But 16 Edw. 3. Aid 131. Thorpe, 17 Edw. 3. Repleg. 22. 26. Hen. 6. pl. 7. It may vary from the place.  
And per 26 Hen. 8. 6. pl. 27. Fitz-Herbert, it may vary from the number and day.  
Repleg. of a heifer the second deliverance was of a Cow and good, 26 Hen. 8. 6. pl. 27.  
Upon a Nonsuit in a Repleg. return agard and upon Withernam agard, and other cattle taken, yet the second deliverance shall be of the former cattle, 36 Hen. 8. Dyer 59 pl. 14. 2 Edw. 3. 17. Avowry 171. 22 Hen. 7. 92. pl. 7. Crook, there shall not be a second deliverance because the Plaintiff had Estrayed them.  
Husband had aid of the Wife and makes default, the Wife cannot join in the second deliverance, 18 Edw. 2. Repleg. 23.   

Distress.  
In what case a man may distrain.  

For Fine or Amerciament in a Court Leet.  A man may distrain for a Fine or amerciament in a Court Leet, Coke 11. part 45. A. Godfrey's case; for a Fine and all Amerciaments in a Court Leet Distress is incident, 5 Edw. 3. 139. pl. 43. 10 Edw. 3. 303. pl. 10.  
For Fine imposed in a Leet, Coke 8. part 41. A. Griesleys case.  
For breaking of a By-Law in the Leet of the Lord he may distrain for the Amerciament, Coke 6. part 25. A.  
Distress is incident to an Amerciament in a Court Leet, 9 Hen. 7. 2. pl. 22. 8 Hen. 4. 15. pl. 16. Gascoigne. 12 Hen. 7. 15. B. 4 Edw. 3. 95. pl. 24. 29 Edw. 3. 28. pl. 30. Doct. & Student, 24. A. 5 Edw. 3. 159. pl. 21.  

Tax by Parliament.  Collector of a Tax granted by Parliament may distrain him that will not pay when the Parishioners have assessed it, 22 Edw. 3. 10. pl. 52.  

Amerciament in a Court Baron.  A man shall be amerced for not doing of suit in a Court Baron, 9 Hen. 7. 22. Word & Read, Coke 4. part 95. A Slades case, 21 Hen. 6. 39 pl. 8.  
And for such Amerciament he shall distrain, 9 Hen. 7. 22. per 2. Justice's special prescription, No. Lib. intra. 570. C.  
For Amerciament in a Court Baron a man may distrain, 16 Hen. 7. 14. pl. 9 21 Hen. 6. 39 pl. 8.  
The Lord may prescribe to distrain for Amerciament in a Court Baron, 15 Eliz. Dyer. 322. Coke 11. part 45. A.  
Yet Doct. & Student 74. è Contra.  
Crook if Amerciament was at the Court Leet he may distrain, otherways not, Crook, 20 Hen. 7. 66. pl. 8.  

Amerciament in Turn.  Special prescription in Turn to Amerce, and for this there was special prescription, and Distress, 33 Hen. 8. 30. pl. 2.  

Tax by the Inhabitants. Suit to a Mill.  Tax was made by the Inhabitants and a Distress and good, Doct. & Student. 74. B.  
A man may distrain for suit to a Mill, 22 Hen. 6. 14. 9 Edw. 3. 356. Nat. Br. 122. M.  

Rent-service.  A man may distrain for Rend service, and all manner of services, Doct. & Student. 74. A.  
A gives land to B. for him to serve when he shall be requested, he may distrain, 22 Hen. 6. 33. A.  

Herriot.  For Herriot service a man may distrain, 44. Edw. 3. 13. pl. 24. 27 Assize pl. 24. Com. 96. Mantles case. Doct. & Stud. 75. A.  
But for Herriot custom he can but only seize, 2 Edw. 2. Herriot 7. 8 Hen. 7. 10. Doct. & Stud. 75. A.  
For Herriot service a man may seize, 18 Edw. 3. 22. pl. 4. 38 Edw. 3. 7. pl. 27. 16 Edward. 3. Herriot. 2. 6 Edward. 3. 277. pl. 10.  

For a certain Leet.  A man cannot distrain for a certain Leet without prescription, because it is against Common right, Coke 11. part. 44. Godfrey's case. vide 6. Edw. 3. 10.  
And the Tything man that pays it, and prescribes to have it of the Resiants ought to prescribe to distrain, 6 Edw. 3. 189. pl. 26. Coke 11. part. 44. B.  

Aid.  A man may distrain for Aid for marrying his Daughter, or making his Son Knight Glanvil, Lib. the 9 cap. 8. 5 Edw. 3. 138. pl. 38. 39 Edw. 3. 34. pl. 40. 40 Edw. 3. 22. pl. 21.  

Suit to the Hundred.  For suit to his Hundred by reason of tenure, there shall be a distress of Common right, Lib. intra. 608. B. 5 Edw. 3. 152. pl. 32. 9 Edw. 3. 356. pl. 39  

Relief.  The Lord may distrain for relief, and hath no other remedy, but his Executor shall have debt and shall not distrain, Coke 4. part. 49. B. 7 Hen. 6. 13.  

Agistment  A man cannot distrain for Agistment, but shall have trespass if that they chase them out of the Land before the Agistment be paid, Regist. Orig. 92. A. 30 Edw. 3. 11. pl. 6.  

Inholder.  Inholder cannot distrain for his Victuals, 3 Edw. 3. Distress 19  

Estray.  He that takes cattle as an estray, may distrain them until he be satisfied for the meat, 44 Edw. 3. 13. pl. 25.  

Pledge.  A. indebted to B. for tabling, delivers goods to him until he be satisfied, B. may distrain them until he be paid, 46 Edw. 3. 30. pl. 29.  

Toll.  For Toll a man may distrain, 30 Edw. 3. 15. B. 11 Hen. 6. 39 9 Hen. 6. 45. 20 Hen. 7. 1. Marrow.  
But Trin. 28 Eliz. Ban. Regis. Rot 963. the Village of Northampton distrained for Toll, and alleged not a special Title, or prescription to have Toll, for this it was adjudged against them.  

Damage feasant.  A Commoner may distrain the cattle of a stranger, damage pheasant of common right, Coke 9 part. 112. B. 7 Edw. 3. 266. pl. 39 24 Edw. 3. 42. 46. Edw. 3. 23. 15 Hen. 7. 2. & 12. 13 Hen. 8. 15. B.  

Forfeitures.  The Officers distrain for the forfeitures of Innkeepers, and sell the Distress, 1 Jac. cap. 9  
The Lord may distrain for the forfeitures of Inmates, or for erection of Cottages, 31 Eliz. cap. 7.  
Distress by Surveyors of Highways, 18 Eliz. Cap. 10.  

Arrearages.  Tenant in Dower cannot distrain for arrearages due before the Recovery, 40 Edw. 3. 22. pl. 19  

Rent.  Lease of Tithes rendering rend, there shall be no distress, because the Tithes are the thing leased, 11 Hen. 4. 40.  

Rend by prescription.  A person claims rend by prescription, and distrains for it, Lib. intra. 557. Charge 1.  

Rend Charge.  A. grants a rend Charge to B. in tail, and if the Bailie of the King distrained, that the party might distrain, 46 Edw. 3. 18.  
Rend granted by Fine, and Distress appointed to the Justices of the Com. Ban. or Barons of the Exchequer, they may distrain, 38 Edw. 3. 33.   

Of what things a man may distrain.  

Money.  Money cannot be distrained, unless it be in a bag sealed, 22 Edw. 4. 50. B. pl. 17. 41 Edw. 3. Distress 14.  

cattle in a waggon.  cattle in a Wagon may be distrained, but out of a Wagon not, 2 Hen. 4. 15. pl. 17. 41 Edw. 3. Distress 14. 22 Edw. 4. 50. 11 Hen. 7. 14. pl. 8. 21 Hen. 7. 39 pl. 55. because there can be no Return, neither a Replevin lies of them.  

Lord.  The Lord cannot seize the cattle, and put them in a Wagon, and then distrain them, 18 Edw. 3. 4.  

Horse.  A Horse at the Smith's Shop, garment in a Tailor's Shop, a Horse in an Hostrey shall not be distrained: but if the Saddle be on the back of the horse, when he is at the Shop, he may be distrained, 22 Edw. 4. 40. pl. 15. 15 Rich. 2. Avowry 19  
A horse upon which I ride over my ground, the Lord cannot pursue and take him as a Distress, 6 Rich. 2. Rescous 14.  
A horse of any man shall be distrained through the whole Village for all the Fees of the Knights of the Parliament, 11 Hen. 4. 2.  
If a man be taxed to Fifteen, having cattle levant in another village, when they come within the Parish they shall be distrained, 1● Edw. 3. 11. pl. 39  
A Horse of a stranger escapes in the land of him that hath lost Issues, he shall be distrained as it seems, 5 Hen. 7. 1.  
If the best beast be estrayed, the Lord may distrain any cattle in the Land, 27 Assize, pl. 24.  

Goshawk.  A Goshawk distrained, and the distress justified, 16 Edw. 4. pl. 9  

Fishes.  Fishes in a Pond cannot be distrained, Crooks Reports 188.  

Hive of Bees.  Hive of Bees shall be distrained, as it seems, for a Replevin lies of them. Nat. br. 68 D.  

Door, or Window.  Door or Window is not distrainable, 11 Edw. 3. Cessavit, 21. 21 Hen. 7. 26. 14 Hen. 8. 25. Brudnel.  

Millstone.  Millstone that is severed for pricking shall not be distrained, 14 Hen. 8. 25.  

Anvil.  An Anvil shall not be distrained, 14 Hen. 8. 25.  

Barge.  A Barge was distrained by prescription, 3 Mariae. Dyer 117. pl. 73.  

Lord.  The Lord distrained cattle for services before they were Levant and Couchant, 4 Edw. 3. 37. Issue joined 8. 22 Hen. 6. 37. 15 Hen. 7. 17. Doct. & Stud. 15. A.  

Sheep.  Sheep shall be distrained if other distress cannot be found at the day of the distraining, 29 Edw. 3. 16.  

Plough.  cattle of the Plough shall not be distrained, if there be other Distress sufficient, 14 Eliz. Dyer 312. pl. 86.  

cattle in Dower.  cattle delivered by the Shrieve to the Tenant in Dower for seisin of Rent shall not be distrained for arrearages, 40 Edw. 3. 22. pl. 19  

Yarn.  Yarn brought upon a horse to a neighbour to weigh, this the Lord cannot distrain for Rent, because it was brought for a special intent, Mich. 39 & 40 Eliz. Com. Ban. Burleigh versus Read.  

cattle.  cattle put into black Acre, and they stray into white Acre through default of enclosure, shall not be distrained, 22 Eliz. Dyer 365. pl. 33.  

Default of Enclosure.  A. aught to enclose against B. and leases to C. for 21 years, which leases to D. for ten years rendering Rend, the cattle of B. for default of enclosure escape, and pursues them, C. cannot distrain, for no default was in the owner of the cattle, 15 Eliz. Dyer 317. pl. 9 vide 39 Edw. 3. 3. pl. 12.   

What Person shall distrain.  

Damage pheasant.  A Commoner shall distrain for damage fesant, and is not tied to show per quod amisit Communiam, No. Lib. intra. 573. D. sect. 4. 24 Edw. 3. 42. pl. 23. Coke 9 part. 112. B. 46 Edw. 3. 23. 15 Hen. 7. 2. 7 Edw. 3. 266. pl. 39 13 Hen. 8. 15.  
Tenant at sufferance distrains, damages pheasant, 4 Hen. 7. 3.  
He to whose use before, 27 Hen. 8. could not distrain, because he had nothing in the Land, 15 Hen. 7. 2. pl. 4.  

Sheep.  Sheep bailed to a woman sole to dung her land, who takes a Husband, who commands the Owner to take them again, who refuseth the husband may distrain them, damage pheasant, 43 Edw. 3. 32. pl. 3.  

Lord.  The Lord distrains cattle, because the Tenant puts in more than he ought in the Common, 46 Edw. 3. 12. pl. 13.  

Common.  A. sold 50 Acres of Moor to B. yet every one of them ought to enclose against the other, and if the cattle of the one go into the Land of the other, they shall be distrained, damage pheasant, 23 Eliz. Dyer 372. pl. 10.   

At what time a man may distrain.  
For Rent-services he shall not distrain in 
Services and A. merciaments.  the night, 11 Hen. 7. 5. pl. 8. 12 Edw. 3. Distress 17. 10 Edw. 3. 21. Coke 9 part. 66. A.  
After the Term ended no distress, 14 Hen. 4. 31.  
But 22 Hen. 7. 96. pl. 5. by all, if a Lease for years be ended, and the Lessee keeps in, the Lessor shall distrain for the arrearages.  
A Lease till Mich. for one year, rendering rend at Mich. he cannot distrain, because the Lease is ended at the Instant, Doct. & Stud. 74. A.  

Husband and wife.  Husband leases, the Wife dies without Issue, the Husband cannot distrain, because the reversion goes to the Heir, 9 Hen. 6. 45. 28 Hen. 8. Dyer 28. pl. 191.  

Reversion  A. leases for years, and grants the reversion to B. yet if the cattle of B. comes upon the Land, A. shall distrain during the Term, 10 Edw. 4. 4. tamen Quaere.  

Damage pheasant.  For damages fesant in the night, Assets good, Coke 9 part. 66. A. Mackally's case. 11 Hen. 7. 5. pl. 8. 12 Edw. 3. Distress 17. 10 Edw. 3. 21.  
A. enters upon condition broken, and takes the cattle of the Lessee, damage pheasant, Quaere. 5 Eliz. Dyer▪ 322.  
A man distrains damage pheasant although the owner makes fresh suit, 7 Hen. 7. 1. pl. 11. 11 Hen. 7. 4. pl. 11. 10 Hen. 7. 21. Doct. & Stud. 15. è contra.   

In what place a man may distrain.  

Leet.  A man fined in a Leet, being one of the Deziners, shall be distrained through all the Jurisdiction of the Leet, although that he be of the other Dezin, Coke 11. part. 45. A. 11 Hen. 4. 89. 13 Hen. 4. 9  
A man shall distrain in any place within the precinct of the Court, 19 Edw. 3. 2. Avowry 225. 8 Rich. 2. Avowry 194. 47 Edw. 3. pl. 12.  

Turn of the Shrieve.  For amerciament in the Shrieves Turn he may distrain throughout the County, 12 Hen. 4. 24. pl. 17. 13 Hen. 4. 9 8 Rich. 2. Avowry 194.  
If a man had a Leet within his Manor, he cannot distrain out of his Manor, 4. Edw. 3. 96. pl. 26.  

For a ●ax by the Parliament. For service.  For a tax by the Parliament a distress may be justified through out all the Village, 11 Hen. 4. 2. 18 Edw. 3. 11. pl. 39  
Fishing lying within tenure, a man may distrain in it, for it seems that the soil passeth, 40 Edw. 3. 45.  

Herriot Service.  A man may seize his Heriot service in any place that he shall find him although not within his Fee, 6 Edw. 3. 208. pl. 3.  

House.  The Lord may enter the House of his Tenant to distrain, if the door be open, 38 Hen. 6. 26. pl. 4.  
If the Lord find the house fast with a bar, and he break it open and distrain, this is wrongfully, 8 Edw. 2▪ Distress 21.  

Estranger  The beasts of a stranger escape into another's Land, and the Owner chases them out before, and the Lord comes and distrains them, yet it is otherwise if they go out of their own accord, without chasing, 11 Hen. 7. 4. pl. 11. Com. 38. A. Plaits case. 2 Edw. 4. 6. B. Littleton. 33 Hen. 6. 52. pl. 39 34 Hen. 6. 18. B.  

Glebe.  Yhe Lord distrains the cattle of the Patron within his Glebe, 33 Hen. 6. 35. Littleton.  

Lessee.  A man cannot distrain but in the place leased, unless the Lessee grant it in other Land, 9 Hen. 6. 9  

Lord's Fee  The Lord distrains in his Fee, the Tenant chases them out of his Fee, he may take them again, 44 Edw. 3. 20. pl. 18.  

Fresh suit.  Bayly attaches a horse, which is rescued and brought into another County, he shall make fresh suit, and take him again, 33 Hen. 6. 52. pl. 39 33 Hen. 6. 550. pl. 46.  

Pound.  A. distrains and puts them in the pound, the owner takes them out, A. may take them again in any place, 34 Hen. 6. 18. pl. 33.  

Rent-Charge.  If one puts his cattle in the Land charged, they shall be distrained, although they are neither Levant nor Couchant, otherwise if they escape, 15 Hen. 7. 17. pl. 13.  
Quaere by the 18 Edw. 2. Avowry 219. if the cattle that escape shall not be distrained for damage fesant.  

River of Thames.  2 & 3 Mariae. Dyer 117. pl. 73. Distress for an annual sum upon the river of Thames.   

What Distress shall be sold.  

Court Leet.  Distress taken in Court a Leet shall be sold,  
Although that a common person be Lord of the Leet, 3 Hen. 7. 4. pl. 15. Fairfax.  

Inmate.  Distress taken by a Bailie of a Lord of a Leet for forfeiture of Inmates, and sold by force of a grant of the Steward in nature of a Scieri facias, No. Lib. intra. 666. A. Sect. 14.  

High Ways.  Distress taken for a Fine touching High ways shall be sold, per 18 Eliz. cap. 10.   

What shall not be said a Distress excessive.  

Excessive  No distress shall be said excessive for Homage, 42 Edw. 3. 26. pl. 11. Belknap. 27. assize. pl. 51. Coke 4. part 8. B. Bevils case. 28 assize. pl. 50.  
So likewise for fealty, 27 Assize. pl. 51. 28 Assize pl. 50. Coke 4. part. 8. Bevils' case.  
A man distrains four horses and a Cart for 2 s. rent, this is not excessive, because they are fixed to the Cart, otherwise if not fixed; so of a fold of Sheep, 20 Edw. 4. 3.   

1. The Bar. 2. Justification. 3. Conusance. 4. Avowry.  

1. Bar.  No Bar that the Plaintiff is possessed of the cattle, Nat. br. 69. H.  
That he took them not, a good Bar, Lib. intra. 561. B. Sect. 1. 565. C. Sect. 1. 2. 19 Edw. 3. Aid 28.  
Claim property, 26 Hen. 8. 6. pl. 27. 31 Hen. 6. 12.  

Grain.  This may not be by way of Avowry, 31 Hen. 6. 12.  
Replevin of grain a good Bar, it was his Wives, that the Plaintiff surrendered it to her, 30 Edw. 3. 9 pl. 3.  

2. Justification.  When a man cannot have the thing for which he distrains, than he may justify, and not avow per Curiam, 19 Hen. 6. 41. pl. 83.  
But 22 Edw. 4. 36. B. e Contra. Collow.  
If a man distrains for services, and the Tenant die in Repleg. by the Executors he shall justify, but not avow, 17 Ed. 3. Executors. 106.  
Because he cannot have a return for the same thing, 22 Edw. 4. 36. B. Collow.  
If a man distrain for services, he may justify or avow, at his Election, 15 Edw. 4. 29.  
For in every case where he may avow, he may justify, sed non e contra. 5 Edw. 4. 6. Young.  
A man may justify for rend determined, but not avow, Mich. 33 & 34 Eliz. Com. Ban. Goddards case.  
Tenant at sufferance may justify a distress for damage fesant, 4 Hen. 7. 3. pl. 6.  
Conusance for damage fesant in franktenant of his Master, 10 & 11 Eliz. Dyer 280. pl. 15. 21 Eliz. Dyer 365. pl. 32.  
Conusance as Bayly of A. and that he took them damage pheasant, in the land that his Master had for years, 2 & 3 Mariae. Dyer 117. pl. 76.  
Conusance as Bayly to the parson of D. which claims rend by prescription and a distress and good, Lib. intra. 557. Charge 1.  
He cannot avow for rend determined, but may justify, Mich. 33. & 34 Eliz. Com. Ban. Goddards case.  

Quoruplex.  1. Avowries for Rent-services are four, per Common Law, andby Statute Law, Coke 9 part. 134. B. Ascoughs case.  
2. Upon one as upon his Veray, Tenant by the manner, scil. when the Tenant leased for life, or a gift in tail remainder over in fee, 20 Hen. 6. 9 B.  
But then the Lord ought to show this in his Avowry, 15 Edw. 4. 12. A. Catesby. vide 4 Hen. 6. 14. pl. 11.  
3. Upon one as his Tenant per the manner, when the Lord hath but in tail, or a lesser estate in the Lordship, or when the Tenant hath a lesser estate than fee simple, 21 Hen. 6. 22. pl. 2. 2 Hen. 4. 24. pl. 13. Ha●kford.  
4. Upon the matter in the Land as within his fee and signory, 38 Hen. 6. 23. pl. 7.  
5. Upon the Land by any Lord, per 21 Hen. 8. Cap. 19 as in Land within his see and Signory without making Avowry upon any person certain, Coke 9 part. 136. Ascoughs' case.   

Who shall avow.  

Administrator.  An Administrator shall avow for rend due in the life of the Testator, per 32 Hen. 8.  

Husband and Wife.  Husband and Wife in right of the wife, for rent-service, Lib. intra. 555. D. Sect. 6.  
Or for Rent due to the wife afore Coverture, 4 Hen. 6. 13.  
But one cannot make Conusance as Bayly to the Husband and Wife, because a Feme covert cannot make a Bailie, 13 Hen. 4. Avowry. 198.  

He to whose use.  He to whose use before, 27 Hen. 8. cannot avow for damage fesant in his own name, because he hath nothing in the Land at common Law, but occupation at sufferance of the Feoffees, 15 Hen. 7. 2. pl. 4. fol. 12. pl. 23. fol. 13. pl. 1. Crook 17. Hen. 7. 41. pl. 2.  
But may justify in the names of the Feoffees, Crook. 17 Hen. 4. pl. 7.  

Commoner.  Commoner for damage fesant, Coke 9 part. 112. B. 24 Edw. 3. 42. pl. 23. 40 Edw. 3. 23. 15 Hen. 7. 8. 13 Hen. 8. 15. 7 Edw. 3. 266. pl. 39 Coke 8. part. 78. B. Wields case. Crook. 17 Hen. 7. 41. pl. 2.  
Although they be Coppy-holder or Tenant for years, Coke 9 part. 112. B.  
And needs not show per quod amisit communiam, No. Lib. intra. 573. D. Sect. 4. but vide Coke 9 part. 113. A. who ought to show it.  
For rend reserved by the Testator upon a Lease for years he shall not be put to show the Testament, 12 Rich. 2. 163.  

Executor.  Executor for Rent due in vita Testatoris, 32 Hen. 8. cap. 37.  

Woman.  Rend granted by Husband and Wife, the Arrearages incur the Husband dies, the Wife shall distrain for the Arrearages, 29 Edw. 3. 40. pl. 19  

Garden in Soccage  Garden in Soccage may avow for damage fesant in his own name, for he hath the Governance of the Land, Crook. 17 Hen. 7. 46. B. Frowick.  

Parson.  Parson may avow for Rent-charge by prescription, Lib. intra. 557. B. Sect. 1.  

King.  The King having the profits by Outlary in a personal action may avow, 15 Hen. 7. 2. pl. 4.  

Tenant at will.  Tenant at will for damage fesant, Lib. intr. 561. B. Sect. 1. 15 Hen. 7. 2. pl. 4.  

Tenant at sufferance.  Tenant at sufferance cannot avow for damage fesant, Crook 17. Hen. 7. 47. A. But vide 4 Hen. 7. 3. pl. 6. in Trespass he justifies for damage fesant, and good, for he ought to have the profits till him that hath right enter upon him.   

For what things a man may avow.  

1. Amerciament.  Amerciament in a Leet, No. Lib. intra. 572. A. Sect. 2. Crook 20. Hen. 7. 66. pl. 8.  
In Turn of the Shrieve, 28 Edw. 3. 95.  
In a Court Baron it was by custom alleged 15 Eliz. Dyer 322. pl. 23. Crook. 20 Hen. 7. 66. pl. 8. for amercement for the Tenants not coming he may distrain, if it be assessed by Ferrors, otherwise not.  

Corrody.  Corrody granted with distress, he may avow for, 27 Edw. 3. 81. pl. 13.  

Damage pheasant.  Damage pheasant, Lib. intra. 554. D. Sect. 3. 556. A. Sect. 7. 559. A. Sect. 1, 2 No. Lib. intra. 575. B. Sect. 6. 577. C. Coke 8. part. 89. B. Frances case.  
If the cattle be chased out before he distrain, he cannot avow the distress, Coke 9 part. 22 Avowry. 16 Edw. 4. 10. 2 Edw. 3. 2. Avowry 182.  
His franktenant, and avows for damage fesant, and it was found, that he was his franktenant, and his wife, the judgement shall be against him, for both were seized, Trin. 38 Eliz. Com. Ban. Walker versus Bonner.  
The Plaintiff shows that A. was seized, and descended to him, and that he was seized in Fee, and avows for damage fesant, and good. Trin. 9 Jac. Newton versus Ansley.  

Forfeiture  For a Moiety of the value of the Land, upon 4 Hen. 7.  
For maintenance of Husbandry, Lib. intr. 575. D. Sect. 1.  

Herriot.  Herriot Custom, No. Lib. 613. B. Sect. 22.  
But he ought to show the Certainty of the Land holden, for to say that he held two tenors is not sufficient, but claims it of the Lessee for life, he ought to show which Lease he holds by, 21 Hen. 7. 79. pl. 27. Crook.  

Relief.  For Relief, Lib. intra. 5●5. C. Sect. 4.  
But the Avowry shall not be for the double rent, but only the quantity of the single rent, 16 Hen. 7. 4. pl. 2.  

Rent.  1. For a Rend Charge, No. Lib. intra. 585. A. Sect. 7. 8. 9  
2. For a Rend Charge by prescription, Lib. intra. 557. B. Sect. 1. & 2. C.  
3. For Rent-service, but if he avow for two rents, where one rend day is not come, the Avowry shall abate for that only which is not come, Coke 8. part. 45. B. Godfrey's case.  

Services.  1. For Fealty, Lib, intra. 555. C. Sect. 4.  
2. For Homage, Lib. intra. 555. C. Sect. 4. Coke 4. part. 6. A. & B. Bevils case.  
For Rend service, Lib. intra. 554. C. Sect. 2. 556. Sect. 8.  
But if it be to render one thing or other he shall avow accordingly.  
For Bracton Lib. 2. Fol. 35. B. in hoc casu tenens habet electionem, & unum solvendo liberatur.  
For rend service when the cattle are chased out, Lib. intra. 557. A. Sect. 10.   

Seisin in Avowry in whom it may be alleged.  

Ancestor.  It may be alleged in the Ancestor of the Avowant, 34 Hen. 6, 21. 3 Edw. 2, Avowry, 187. 20 Hen. 6, 7, come. 140, A. 16 Hen. 7, 4, pl. 10. 2 Edw. 3, 27, pl. 4. 
Feoffer.   
In the Father of the Feoffor, Lib. intra. 556, B. sect. 8. 
Predecessor.   
In the Predceessor good, 6 Edw. 3. 277. Com. 96. A.   

By what hands Seisin shall be alleged.  

Ancestor.  By the Ancestor of the Plaintiff, 34 Edw. 3. Avowry 258. 34 Hen. 6. 8.  

Disseisor.  By a Disseisor good, Coke 2. part. 67. A. Tookers case. Coke 6. part. 57 B. Bredimans' case.  
Unless it be by Covin, Coke 6. part. 58. A. Bredimans' case.  

Infant.  By the hands of an Infant, good, 34 Edw. 3. Disclaimer 30. Coke. 9 part. 33. B. Bucknals' case.  

Feoffor of the tenant joint-tenant.  In the Feoffor of the Tenant, Com. 95. A. Mantles case.  
By the hands of the joint-tenant only it is good, Coke 2. part. 67 A. Tookers case.  

Resyants.  Presciption to have rend of a Village, Seisin by Resyants is good, because all the Village is chargeable, 4 Hen. 6. 29, 30. Coke 6. part. 59 Bredimans' case.  

Tenant.  By Tenant for years not good, because he hath not an estate out of which seisin may be gained, Coke 6. part. 57 Bredimans' case.  
By the hands of the Tenant for life, good, when the remainder is over to another, Coke 6. part. 58. A. Bredimans' case.  
By the hands of the Tenant by courtesy not good, to charge the Heir with Herriot Service because none may have his estate, 21 Hen. 7. 84. pl. 8. Crook.  
Tenant makes a Feoffment and afore notice gives seisin, this is good, because he remains tenant to the Lord until notice, Coke 6. part. 58. A. Bredimans' case.  
By the hands of the tenant and needs not say Tenant of the land, 34 Hen. 6. 8.  
By the hands of the tenant prevail good, Coke 6. part. 58 A. Bredimans' case.  
The Shrieve claims rend by prescription and seisin, 42 Edw. 3, 4.   

Within what time seisin ought to be alleged.  
The advowant is not bound to allege seisin within 40 years, but may allege it generally and then the other may plead that he was not Seized within 40 years, Coke 8. part. 65. A. Foster's case, 9 part. 36. A. Bucknalls case. 14 Eliz. Dyer. 315. pl. 10.   

When it is not requisite to allege Seisin.  

Avowry.  Avowry for an amerciament is not requisite, 11 Hen. 4. 89. 13 Hen. 4. 9  
Avowry for rend charge, 44 Edw. 3. avowry 75. Coke 8. part. 56. A. Foster's case.  
Avowry for rent upon a feoffment by deed tendered of him because the deed is the title and the commencement of it appears, 2 Edw. 2. Avowry 185. Coke 8. part. 65. A. Foster's case.  
So for Rent or Service upon a gift in Tail or other particular estate, Coke 8. part. 65. A. Foster's case.   


Superior.  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.  

Inferior.  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  

Annual.  Seisin of annual service, is seisin of every casual service, Coke, 4 part. 8, 9 Bevills' case. 20 Edw. 3. Avoury 121. 7 6. B. avoury 69.  
Rend 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 annual, 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 refers to the three former branches and seisin, this is actual, or in Law, which refers to the fourth branch, Coke, 4 part. 10. Bevills' case.  

Ancient seisin.  Measnalty extinct per purchase of the tenant the old seisin doth suffice for the Rentseck, Coke, 4 part. 9 A. 2 Edw. 2. extinguish 6.  
A Signory granted upon condition which is broken the ancient seisin sufficeth, for the distress is in lieu of the entry, Coke, 4 part. 9 B. Bevills' case.   


Amends.  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 wrongful and not the distress, Coke, 8 part. 147. A. Carpenter's case.  
The tender of amends to the bailie is not good, Coke, 5 part. 76. A. Pilkingtons' case, 1 Hen. 4, 15, pl. 17. 
Common.   
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 said not common appurtenant, Pasch. 15. Jac. ban. Regis.  

disclaimer.  Disclaimer a good bar, Coke 9 part. 34. Bucknalls' case. 15 Rich. 2. Avowry 214.  

Grant by Tenant in tail.  Avowry because A. was seized in fee grants a rent to the avowant the other pleads that A. was seized in tail, this is not good if he traverse not the seisin in fee, 11 Eliz. Dyer 280. pl. 16.  

Out of his fee.  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.  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 
Injuria sua propria.  de injuria sua propria, a good bar for the Custom traversed, Mich. 13. Jac. come. Ban. Baker & Banks.  

Ought to enclose and did not.  The Plaintiff says that the Defendant ought to have enclosed and did not do it sufficiently, Vide the plead, 22 Eliz. Dyer 365. pl. 32.  

Coparcener.  Conusance for damage pheasant, the other said that they are Coparceners, this is good, 10, & 11 Eliz. Dyer 280. pl. 15.  

Nothing in arreare. Release.  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.  

Seisin.  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. Mantles 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. Mantles case, 18 Edw. 2. Avowry 217.  

Not seized.  Not seized 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 allege seisin by the hands of the Plaintiff or other, the Plaintiff shall say, never seized 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 alleged of a superior service, as if tenure be alleged per Homage fealty, and rend 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 allege 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 seized within ●0 years.  Not seized 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 aught first to confess a tenure to the intent that the Lord may have a writ of customs and services 15 Rich. 2. avowry 214. Coke 9 part. 34. B. Bucknalls case.  
But this is no plea in avoury for rend upon a grant or reservation by deed because the deed is the title, Coke 8 part. 65. A. Foster's case.  
Or upon a gift in Tail because the commencement is within the time of memory, Coke 8 part. 64. A. Foster's 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 if land be conveyed toa Mayor and commonality which was held by homage and fealty which conveys this over, this is no plea because the Mayor and communality cannot do homage or fealty, Coke 4 part. 11. A. Bevills' case.  

Seisin avoided in avowry.  1. The Issue in tail shall avoid seisin by the hands of the tenant in tail, Coke 9 part. 34. A. Bucknalls case, 34 Edw. 3. Avowry 131.  
But this is intended when the tenant makes a gift in Tail remainder in fee, for the tenant in tail shall himself avoid the encroachment between, by the donor because he ought to show the commencement of the reservation, Coke 8 part. 65. A. Foster's case, 10. part. 108. Lofeilds' case.  
2 Successor of a Bishop shall avoid seisin between by the hands of the predecessor, Coke 9 part. 34. A.  
3 Veray tenant of the land if he have a deed and show the contrary, Coke 9 part. 34. A. 10 Hen. 7, 11. Nat. br. 163, C. 22 Hen. 6, 5. 4 Edw. 2, avowry 201, 202.  
4 Encroachment of seisin is not material where is no tenure, Coke 9 part. 34, B. Bucknalls case.  
5 Such seisin shall be avoided because it was by cohersion of distress, Coke 9 part. 34, B. Bucknells' case, 12 Edw. 4, 7, pl. 18. 8 Hen. 6, 18, pl. 1. 47 Edw. 3, 4, pl. 8.  
6 If rend be payable at one day in a year and the Lord encroach seisin upon two days of the year this being voluntary shall be avoided in avowry for this that they agree in the Annual sum, Coke 9 part. 34, B. Bucknalls case, vide 21. Edw. 4, 64, pl. 36, et fol. 84, pl. 3●▪  

Tenure.  In avowry the seisin is traversable and not the tenure, Crook, 13 Hen. 7, 31. B.  
When the Lord varies in Avowing of the verity of the quantity of the services by colour of seisin, the tenure shall be traversed, Coke 9 part 33. A. Bucknals' case, 10 Henry 7. 11. pl. 31. Com. 94. Mantles case, Crook 13. Hen. 7. 31 B.  
But then the tenant ought to confess the tenure in part, for he needs not traverse all the tenure, but may disclaim or plead out of his fee, Coke 9 part 35. A. Bucknals' case, 10 Hen. 6. 6, 7. pl. 20. 37 Hen. 6. 25. pl. 13. 15 Rich. 2. Avowry 214.  
But note 11 Hen. 4. 10. pl. ●2. the Tenant said, that the Avowant did give the Lordship to A. in tail, the remainder to B. in tail, A. dies without issue, B. yet living, there he needs not suffer▪ a disclaimer, or plead out of his fee, but there fol. 7. pl. 40. he had judgement of the Avowry and admitted.  
When they agree in the quantity of the services, and vary in the quantity of the Land, there the Plaintiff may traverse alsque hoc, that he held modo & forma, or that he held one only, Coke 9 part 35. B. Bucknals' case, 20 Henry 6. 20, & 21.  
And so avow severally where it is a joint Tenure, or to the contrary, Coke 9 part 35. B. Bucknals' case, 9 Henry 6. 26 pl. 24. 2 Ed. 3. 34 pl. 19  
But if he vary in the quantity of the Land and of the services, he may not confess the tenure according to the verity, he traverseth modo & forma, or with one only, Coke 9 part 35. A. & B. Bucknals case, 5 Henry 5. 4.  
3. When one distrayns for fealty, rent, and suit, and alleadges seisin in all, and avows for rent, the Tenant may confess that he held by fealty and rent, and to the rent nothing arrear, without that that they held by fealty, rent, and suit, modo & forma, and good, and if upon issue joined it be found, that he held by fealty and rent, and not suit, although that the Avowry be for rent, yet in so much that the tenure alleged by the Avowant was traversed and found against him, Judgement shall be given against the Avowany, for in vain shall he make this traverseable, and yet that he should have the return when it is found against him, Coke 9 part 35, & 36. Bucknals' case.  

Tender.  Tender of Homage ought to be to the person of the Lord, ubicunque fuerit infra regnum propter reverentiam, Bracton, Lib. 2. fol. 80. A.   

Judgement.  
If the Plaintiff counts upon a detainer, and the Defendant appear and makes default, the other shall have judgemen for damages and costs, and also for the value of the cattle, Nat. br. 69. L. No. Lib. intra. 610. C. sect. 20.  
The Defendant said that the place is ancient 
Retorno habendo Nul.  demean, etc. if the issue be found for him he shall not have a return, 21 Edw. 3. 7. pl. 18.  
If one justifies for services and makes no Avowry he shall not have a return, although it be found for him, 15 Edw. 4. 29. 5 Edw. 4. 6. 34 Hen. 6. Avowry 47.  
If one make a Conusance as Bailiff he shall have a return, No. lib. intra. 591. A. sect. 9  
The Plaintiff in a Recaption dies, the Lord shall have return if another writ be purchased, 11 Hen. 6. 14. pl. 3.  

Returno habendo.  If the Plaintiff be nonsuited the other shall have a return, Lib. intra. 570. D. sect. 1. 2. 11 Eliz. Dyer 280. pl. 14. 35 Hen. 6. 47. pl. 12. 17 Hen. 8. Br. second Deliverance 15. 22 Hen. 7. 92. pl. 7. Crook, and this although the other do make no Avowry, 16 Henry 6. return of cattle, 1. 2 Hen. 5. 6.  
But other ways he may abate the writ, by Pl. 9 Hen. 6. 4. pl. 10. 11 Henry 6. 5. B. Danby, 35 Hen. 6. 40. pl. 1.  
But if the Count abate or no, Count of the place or of the taking, yet he shall not have a retnrn before an avowry, 35 Hen. 6. 40. pl. 1.  
The second Deliverance he shall not have it without Avowry, per Newton 16 Henry 6. return of cattle 1.  
The Defeudant cannot claim property in Repleg. to have a return, because he ought to claim at the time of the Repleg. sued, 31 Henry 6. 12. pl. 1.  
The Plaint is removed, and it abates for default of the surname, there was a return awarded without an Avowry, 27 Hen. 6. 3. pl. 35.  
Repleg. against C. & D. C. pleads he took them not, D. justifies in right of C. and found for him, yet he shall not have a return, 22 Hen. 6. 52. pl. 27.  
Defendant pleads property in another, and found so there, he shall have a return without an Avowry, for the Plaintiff had deliverance without cause, 39 Henry 6. 35. pl. 47. Prisott.  
One avows for rent at two days, one is not come, the Plaintiff is nonsuited; there shall be a return for one day, because he is not merely an Actor, per 4 Justices against 3.  
But Newton said, he ought to have several Avowries.  

Return irreplevivisable, 1. At Common-law. 2. At the Statute-law.  At the Common-law return irreplevisable was but when it was found against the Plaintiff per une issue, 36 Henry 6. 8. pl. 24. Babbington.  
If the Defendant doth not answer to the Avowry, there the cattle shall be irreplevisable, Lib. intra. 571. A. sect. 4.  
Return irreplevisable after Westm. 2. cap. 2. is but upon a nonsuit, in second Deliverance, 2 Hen. 4. 23. pl. 9 Lib. intra. 571. A. sect. 4, 5.  
Upon a Nonsuit in Repleg. it shall not be, 24 Ed. 3. 33. pl. 22. if it be not after verdict, 14 Hen. 7. 6. pl. 14.  
The Plaintiff nonsuited in a Replevin, and after in a second deliverance, there shall be return irreplevisable before Avowry, but quaere if he shall have damages before Avowry, 10 Eliz. Dyer 280. pl. 14.  
If the Plaintiff be nonsuited when the Jury comes again, and gives their verdict, yet there shall not be a return irreplevisable, 34 Henry 6. 5. pl. 14. 14 Henry 7. 6. pl. 14.  
The Plaintiff in Repleg. makes default at the Nisi prius, they shall not be replevyed, because it is out of the Statute, 3 Henry 6. 8. pl. 24.  
The Plaintiff in a Repleg. is nonsuited and returns a guard, the King devises, the pledges being warned come not, quaere if the return shall be irreplevisable, 1 Edw. 7. pl. 13.  
Or upon a Return awarded in second deliverance, 2 Hen. 4. 23. pl. 9  
Or upon a judgement against the Plaintiff upon a Demurrer, 2 Hen. 4. 23. pl. 9 14 Hen. 7. 6. pl. 14. 2, & 3 Mariae, Dyer 118. pl. 77.  
Demurrer upon a plea to the writ, and judgement for the Defendant, they shall not be irreplevisable, 34 Hen. 6. 37. B. Br. Repleg. 6.  
Or upon issue tried, 2 Henry 4. 23. Pl. 9 The Defendant in a Repleg. pleads to the writ, and found by the Jury so, there shall be a return irreplevisable, the contrary upon a Demurrer upon a writ or concession, 34 Henry 6. 37. B. Br. Repleg. 6.  
If the Plaintiff upon a second Deliverance suffer the plea to be discontinued, there it shall be irreplevisabe, 17 Henry Br. second Deliverance.  
Note that at this day damages are given where the Plaintiff is nonsuited, or found against him, or otherwise barred in Conusance, Avowry, or Justification, for rents, customs or services, per 7 Henry 8. cap. 4. come. 82. B. Crokers' case, 14 Mariae, Dyer 141. pl. 46. 19 Hen. 8. 11. pl. 7.  
And for damage pheasant, p. 21 Hen. 8. cap. 19 2, & 3 Mariae, Dyer, 118. pl. 77. 4 Mariae, Dyer 141. pl. 46.  
But if it be for an Estray he shall not have damages, because the Statute extends not to it, Pasc. 34. Eliz. Ban. Regis, Rot 292.  
But at Common the Avowant shall not recover damages, 35 Hen. 6. pl. 12.  
If one return irreplevisable upon a Non-sute in second Deliverance, it is doubted whether he shall have damages before Avowry, 11 Eliz. Dyer 280. pl. 14.    

Trespass.  

In what Court Trespass lies.  

County Court.  IN the County Court, but than it shall not say vi & armis, Nat. br. 85. G. neither against the peace, because the Shrieve cannot determine it, Regist. 92. A.  

Note.  Note Reg. orig. 111. B. Trespass vi & armis, shall not be sued in any Court but the Kings, or before his Justices, if otherways a Supersedias shall be awarded, Coke 8. p. 120. A.  

marshalsea.  In the marshalsea if the party be of the Household, but than it shall say vi & armis, for battery or carrying away of Goods, and no other, Coke 10. part 72. A.  
For it shall not be Quare clausum fregit, Coke 10. part 76. A.  

Chancery.  In Chancery for one privileged, Regist. orig. 104. A. No. Lib. intra. 678. B. sect. 20.  
And there shall be an Alias, etc. Regist. 104. A.  

Com. Ban. Regis.  In Com. Banc. or Banc. Regis, Nat. br. 86. G.  
If Trespass be in the Court of the King 
Ancient Demean.  where the reality shall come in debate, Ancient Demean is a good plea, Coke 5. part 105. as trespass for Trees, where the Defendant claims Franktenement, 6 Henry 4. 1. pl. 6. otherwise it is no plea, 46 Edw. 3. 1. pl. 2.  
In Trespass for a Pigeonhouse with Pigeons, 


TRESPASS.   Quid.  Corporate Castle.     Quotnplex.  House.       Mill.     1. Court.  Columbary.     2. Plaintiff.  Toft.     3. Defendant.  Garden.     4. Thing.  Land.     5. Writ.  Meadow.     6. Process. Inheritance. Pasture.     7. New Assignment. Wood     8. Bar. Park.     9 Judgement. Forrest.     10. Execution Chase.      Pond.      Tithes.      Trees.     Common Law upon the doing of wrong to Incorporate Village.     Way.     Common.     Fishing.     Warren.     Game of Swans.    Tolle.      waif.      Stray. Reals Son.    Bona felonum. Daughter.    Fair or Market. Niece.    Frank-foldage. Ward.  Trespass is either by  Returna Brevium. Woman.    Chattels Servant.    Apprentice.    Tenants.    Prisoner.    Captive.     Living Abducta.    Capta & fugata.    Capta fugata & imparcata.    Capta & interfecta.   Personal Districta.   Fugata.   Imparcata.   Interfecta.   Percussa.   Tonsa.   Dead. Arrestata.   Capta & arrestata. Body Menace.  Capta & asportata. Siege.  Combusta. Assault.  Consumpta. Battery.  Depasta. Wounding. Fine. Districta. Imprisonment. Acquittance. Extracta.   Statute. Extracta & asportata.  Imprisonment till they make Obligation. Falcata & asportata.    Find Pledges. Fracta.    Release. Impedita.    Oath. Submersa.   Against a Gaoler for putting▪ Irons upon one.  Succisa & asportata. Statute Law Marlebridge, cap. 2. For distraining to come to his Leet.  Cap. 4. Averia ad loca incognita fugata de come. in come. Westm. 1. cap. 16. 1 & 2 Mar. cap. 12. excessive distress. Cap. 5. Distress, extra foedum Westm. 1. cap. 16.   In via Regia.      Im. come. strato.      Cap. 28. For a Successor, of a thing taken in the time of his Predecessor. Westm. 1. cap. 17. Distress by a Bailie not sworn.   21 Edw. 1. De malefactoribus in parcis & vivariis, etc.   4 Edw. 3. cap. 6. For Executors De bonis asportatis in vita Testatoris.  5 Rich. 2. cap. 7. Entry ubi non datur per Legem.    8 Hen. 6. cap. 9 Forcible entry.     1 & 2 Mariae, For severing a Distress taken at one time.     it is no plea, 47 Edw. 3. 22. pl. 54.  
So in Trespass upon the 5 Rich. 2. cap. 7. because damages are only to be recovered, 21 Edw. 4. 3. 2 Henry 7. 17. pl. 1. 47 Edw. 3. 22. pl. 54. 46 Edw. 3. 1. pl. 2.  

Note.  And note none may plead this but the Terretenant, 2 Hen. 7. 17. pl. 1.  
In five ports the writ is Dilecto & fideli suo W. Constabular. Castri sui D. & Custodi quinque Portuum suor. salutem. Mandamus vobis quod Audita quaerela A. de quadam transgr. eidem A. per B. qui est de libertate Portuum praedict. illat. ut dicitur auditisque hinc & inde earum rationibus eidem A. facias exhiberi celeris justiciae compl●mentum, prout de jure & secundum legem & consuetudinem portuum praedict. fuerit faciend. ne clamour ad nos inde perveniat iteratus, etc.   

Who shall have Trespass.  
Note that he that taketh only the profit of the soil of another shall not have a Quare clausum fregit, 15 Henry 7. 14 Henry 8.  
He that hath certain acres annuatim shall have Trespass.  

Administrator.  Administrator shall have Trespass for goods of the Intestate taken out of the possession of the Administrator, Regist. orig. 94 A. 22 Edw. 4. 120. pl. 32. the Count, Lib. intra. 649. D. sect. 1.  
Administrator shall have Trespass for goods taken out of the possession of the Intestat, Nat. br. 92. A. 14 Henry 7. 13. Tremaile. the Count, Lib. intra 640. A. sect. 1.  

Executer.  An Executor shall have it, p. 4. Edw. 3. cap. 6. and the Statute of 31. Edw. 3. gives the same remedy to an Administrator, but this is by the equity of the Statute, 4 Edw. 3. cap. 7. Crook 24 Hen. 7. 101. B. pl. 2.  

Administrator.  An Administrator shall have an Action of Trespass before the administration committed to him, but not against him that justifies under the Ordinary, 18 Henry 6. 22. pl. 7. 36 Henry 6. 8. A. Prisott. Register original 102. B.  
But if the Administration be committed by word to A. who sells it to B. and dies, and is committed to C. quaere if C. shall have Trespass for it.  

Alien.  Alien friend shall have all Actions personals, 6 Henry 8. Dyer 2. pl. 8. Coke 7. part. 17. A.  
But an alien Enemy shall have no Action, 6 Henry 8. Dyer 2. pl. 8. Coke 7. part 17. A. 14 Henry 8. 4.  

Husband and wife.  Husband and wife Executrix to B. join in Trespass for taking the Goods during coverture, 21 Edw. 4. 5. per Littleton.  
Trespass done to the wife sole which takes a Husband, they shall have Trespass in their names, Nat. br. 87. H. Regist. orig. 95. A. 21 Hen. 6. 30. pl. 16. Lib. intra. 6. 50. C. sect. 3. and it shall be bona & catalla of the wife, 7 Henry 7. 2. vide 14 Elizabethae, Dyer 305. pl. 59 the Count, Lib. intra 650. C. sect. 3.  
Husband and wife join in Trespass for the beating of the wife, 46 Edw. 3. 3. pl. 5. 22. Assize, 60. & 87 Regist. 105. B. Lib. intra. 612. & 668. C. sect. 4.  
So for imprisonment of the wife, Coke 5. part. 59 A. Foster's case.  
But if they join for battery of both, this abates for the battery of the Husband, 9 Ed. 4. 54. 3 Edw. 3. brev. 737.  
And if they brought a Trespass for beating and taking away of Goods, the writ shall say de bonis of the husband, for the wife cannot have a property during the coverture, Regist. orig. 105. B.  
And if the Husband and wife are beaten they shall have several Actions, Regist. orig. 105. in the Note, quia transgressio personalis.  
Trespass quare domum suam fregit & maremium inde, etc. good by the Husband alone, because he may pull it down and sell it, 43 Edward 3. 16. pl. 15. & fol. 26. pl. 6.  
So for entering and chase and carrying away of the Deed, although the wife had a joint estate, yet it is a personal thing, 43 Ed. 3. 8. pl. 23.  
So for Deeds concerning the Land of the wife, 8 Hen. 5. 9 pl. 13.  
So in trespass upon the Statute. 5 Richard 2. cap. 7. because he only shall have damages, 38 Henry 6. 3. pl. 9 4. Edward 4. 13.  
So for taking away of his wife and his goods, Nat. brev. 89. O. 14 Henry 6. 2. pl. 11. 6 Edw. 3. 208. pl. 2. 43 Edw. 3. 23. pl. 15. 44. Assize pl. 13. Regist. orig. 97. A. for this is given by Westm. 1. cap. 13. & Westm. 2. cap. 34.  

Nota.  Quando breve fertur de aliquibus ad liberum tenementum annexis fiat in nomine amborum, sed si sit de●rebus libero tenemento non annexis in nomine viri tantum, sed si sit de domo fracta sit in nomine amborum, sed alii Clerici dicunt quod fiat in nomine viri tantum, Regist. orig. 108. B.  
Vide tamen in nomine amborum de clauso fracto & bona, etc. Lib. intra 640. B. sect. 4. & fol. 662. D. sect. 21 Rich. 2. brev. 933.  

Chaplain of A. Chapel.  The King collates, and the Shrieve puts him in, he shall have Trespass, Nat. br. 37. D.  

Commoner.  Commoner shall not have Trespass for any thing in the Land, 4 Hen. 7. 3. 15 Henry 7. 13. pl. 1. & fol. 12. pl. 23.  

He that hath not the soil.  A. le's Land to B. for to sow, and A. to have the moiety of the Corn, yet B. cannot have trespass Quare clausum fregit against him for wasting of the corn, Hill. 30 Eliz. Hare versus Oakley. And although this was not pleaded in abatement, yet the special matter being found, the Plaintiff shall not have judgement, because it appears to the Court they cannot be disjoined to have an Action in such form.  

He to whose use.  He to whose use shall have Trespass in his own name, but in the name of the Feoffees, Crook 17 Hen. 7. 41. pl. 2.  

Copyholder.  Copyholder shall have trespass for the breaking his close, and cutting his Trees, 2 Hen. 8. 4. 12. Coke 4. part 21. B. No. lib. intra. 644. C. sect. 3. the plead.  
He shall have it against the Lord, 20 Edw. 3. 80. Coke 4. part 22. A.  

Disseisee.  Disseisee shall have Trespass for the mean profits, and all other things after his entry, Coke 11. part 51. A. Liffords' case, 3 Henry 4. 13. pl. 18. Gascoigne, 37 H. 6. 7. pl. 13.  
But before his entry he shall not have Trespass for his former entry, 32 Hen. 6. 32. A. 38 Henry 6. 28. A. Fortescue.  
Unless in case of necessity as Tenant for the life of another is disseised, and he that hath the life dies, or Tenant for years outed, and the years expire, they shall have Trespass afore the entry, and recover the mean profits, 38 Hen. 6. 28. B.  

Executor.  Executor shall have Trespass for goods taken out of the possession of the Testator, Nat. br. 87. E. Regist. 98. A.  
And the writ shall not say ad grave damnum neque in retardationem executionis testamenti, Regist. orig. 98. A. the Count, Lib. intra. 640. A. sect. 2.  
But this was given by the 4 Edw. 3. cap. 6. 14 Hen. 7. 13.  
And at this day an Executor of an Executor shall have such Action, Regist. 98. A. the rule there.  
But he shall not have it before 25 Edw. 3. cap. 5. Com. 290. A. Chapman's case.  
But an Executor shall not have such Action De clauso fracto, 11 Hen. 4. 3. pl. 8. 4 Edw. 4. 8. A. Catesby.  
Neque de Arboribus succisi tempore Testatoris 18 Edw. 4. 16. A. Pigott.  
Executor shall have Trespass before probate, unless it be for a thing taken out of his possession, Com. 281.  
One Executor shall have Trespass for a thing taken out of his possession with his Companion, 42 Edw. 3. 26. pl. 12. 2 Rich. 2. Executor 75.  
But the 19 Henry 6. 65. to the contrary.  
Executor shall have Trespass de bonis Testatoris in custodia sua existen. Regist. orig. 94. A. 2 Henry 7. 15. 6 Edw. 4. 1.  
A. takes administration of the Goods of B. C. proves a Will by which he was made Executor, and brought Trespass against A. for the Goods, it lies although the Administration was not repealed, for the Administration was void from the beginning, Mich. 12 Jac. Ban. Regis, Fisher & Young.  
Executor shall have Trespass against the Lessor which cuts him, Regist. orig. 102. B.  
If the Lessor outs the Executor of the Lessee the writ shall be Summon. per bonos summonit. etc. but if he outs him, and takes the Goods within the land, the Writ shall be pone per vad. etc. Register origin. 102. B. in the Note.  

Goaler.  By a Gaoler against one that takes a Prisoner from him, but a good bar that he is not Gaoler, because it is the ground of the Action, 4 Edward 4. 6. pl. 7. & fol. 44. pl. ult.  

Churchwardens.  Churchwardens shall have Trespass for the Goods of the Church taken in their time or in the time of their Predecessors, Nat. br. 91. K. 8 Edw. 4. 6. pl. 5. 12 Hen. 7. 27. pl. 7. 11 Hen. 4. 12. 8 Hen. 5. 4. 37 Hen. 6. 30. 10 Hen. 7. 9 pl. 5.  
But ad damnum p arochianarum, 8 Edw. 4. 6. pl. 12 Hen. 7. 27. pl. 7.  
But a good plea that he is not Churchwarden, 4 Edward 4. 7. A.  
But 19 Henry. 6. 66. says, that it is not good for Goods in the time of their Predecessors.  
For making a Grant of Rent in fee to the use of the Parochians taken, Lib. intra. 7. D.  

Heir. Ravishment.  Every Ancestor male or female shall have Trespass for ravishing of his Heir apparent against a stranger, but not against the Garden in Chivalry, unless the father only, Coke 3 part. 38. B. Ratcliffs case, Nat. br. 143. R. 30 Ed. 6. pl. 7. & fol. 16. pl. 19 Regist. orig. 98. B. & 99 A.  
A man shall have Trespass for his Son and Heir, Daughter and Heir, Nat. br. 98. H. 29 Assize 35. 21 Hen. 6. 14. pl. 29. 12 Henry 4. 16. pl. 9 3 Edw. 4. 12. B. Danby.  
And this of what age soever his Son be, 32 Edw. 3. Gard. 32.  

Grantee.  Grantee of Herbage shall have trespass, quare clausum fregit for the grass, but not for the other profits or Fruit-trees, 11 Elizabethae, Dyer 285. pl. 40. 3 Hen. 16. 13. A. 5 Henr. 7. 10. B.  

Heir.  The Heir shall have Trespass for taking of a Deed concerning Land to him descended, and it is good although he doth not say, scriptum suum, because of necessity it must belong to him, 1 Edw. 3. 18. pl. 11.  
But not against an Executor that taketh a box with Deeds, 1. because the box appertains to him, 2. he had not knowledge what was in the box, 3. the heir hath other remedy, scilicet a Detinue, 43 Edward 3. 24. pl. 3.  
But lies against an Executor for taking away a Furnace, fixed or fates, fixed, or pales fastened, windows, doors, evidences, 21 Hen. 7. 26. pl. 4.  
It lies for an Heir against an Executor for taking fishes out of a pond, Mich. 36 Eliz. Banc. Regis, Rot. 25. Parlett versus Grace, Crook, 118. pl. 60.  
So for Deer, or Pigeons, vide Assize 27. pl, 29.  

Lessor.  The Lessor excepts the Trees he shall have Trespass Quare clausum fregit, 14 Henry 8. 1. 28 Henry 8. Dyer 19 pl. 48. 46 Edward 3. 22. pl. 3. Coke 8. part 63. A. Swains case.  
Lessor at Will shall not have Trespass, although he determines his will, until he enters, Crook 3. Henry 8. 163. pl. 4.  
A. enters upon Tenant at will and subverts the soil, he shall have one Action and the Lessor another, 19 Hen. 6. 45. pl. 94. so of a Copyholder and Lord, 2 Henry 4. 12. Coke 4. part 31. A.  

Lessee.  Lessee cuts Trees to the intent to repair, the Lessor takes them, the Lessee shall have Trespass, 44 Edw. 3. 44.  
Estranger cuts Trees, the Lessee shall have Trespass and shall recover treble damages, Doct. & Stud. 34 A. 23 Hen. 8. Br. waist 138. 44 Hen. 8. 26.  
But ●if the Lessor dies the Lessee shall recover but single damages, 44 Edw. 3. 26. Crook 3 Hen. 8. 163. pl. 4.  

Master.  1. If the Servant be beat the Master shall have Trespass, Nat. br. 91. I. Regist. orig. 102. A. 8 Hen. 6. 28. 19 Hen. 6. 35. pl. 73. although he be but Servant at will, 21 Hen. 6. 9 A. Newton, vide 11 Hen. 4. 2, 2.  
2. For taking away his Prentice, Nat. br. 91. I. 8 Hen. 6. 28. 21 Hen. 6. 31. pl. 18.  
3. The Lord of a Villain shall have trespass, 22 Henry 6. 30, 32. 
Ordinary.   
The Ordinary shall have it for a thing taken out of his possession, Nat. br. 91. M. 18. Hen. 6. 23. 7 Hen. 4. 18. pl. 22. 11 Henry 7. 12. 17 Edw. 2. brev. 822.  
But not for a thing which was not in his possession, Nat. br. 92 A. Coke 9 part 39 A. Hensloes' case, 7 Henry 4. 18. pl. 22.  

Parson.  Parson shall have Trespass for Tithes taken after severance of the 9 parts, 10 Hen. 4. 2. pl. 2. Gascoign, 21 Henry 7. 27. pl. 5. before any seizure, because it is certain by the severance, and the Law ejects the possession and property upon him, Com. 281. A. Foxes case.  
But not of a Mortuary before seizure, Com. 281. A. 10 Hen. 4. 1.  
Parson or Vicar shall have trespass for the walls or glass of the Church, or grass or trees in the Church yard, etc. or glebeland, 11 Hen. 4. 12. pl. 25. 8 Hen. 6. 9 pl. 20. 11 Hen. 6. 4. B. Danby.  
Parson imparsonee shall have Trespass against any that is admitted and inducted into the said Church if he intermeddle with the glebe or tithes, Com. 500 B. 38 Hen. 6. 24. 39 Hen. 6. 21, & 27.  

Protected person.  He that hath protection shall have trespass against him that takes his Goods, Nat. brev. 92. B.  

Possessor.  If one hath the possessiou of a thing he shall maintain an Action against him that hath no right, Com. 546. A.  

Note.  But note that upon a possession in Law only he shall not have Trespass. 22 Henry 6. 49. 5.  
But if A. giveth Goods to B. B. shall have Trespass before possession, for he hath the property in Law, 2 Edw. 4. 25. per 2 Justices, Coke 3. part. 26, 27. Butler & Baker.  
Trespass brought, it was found by office that the other was Tenant, and that it escheated to the King, this shall abate it as to the things upon the Land, Com. 488. B. Nichols case, & 546. A. 19 Edw. 4. 2. pl. 5.  
He that enters upon the possession of the King shall not gain possession, therefore he shall not have trespass, Com. 546. A. Paramours case, 2 Hen. 4. 7. pl. 29.  
Or upon a Farmor of the King, 2 Hen. 4. 7. pl. 29.  
But he that outs the Farmor, the King shall have trespass, Com. 546. A. Paramours case.  

King.  The King shall have trespass, Nat. br. 90. I. Regist. orig. 99 A.  
And in this Case the party cannot make fine, because the damages are to the King himself, 10 Hen 4. 3. pl. 7.  
But for trespass in the King's lands there use to be an information in the Chequer, Nat. br. 90. I.  
And in such case the judgement is that the party shall be removed and put out of possession although that it be but a personal suit, and the removal shall be by writ form in the case, Com. 561. B.  
But the King may have a Trespass Quare clausum fregit, Nat. br. 90. I.  

Queen.  The Queen shall have trespass without the King, Nat. br. 101.  

Recusant.  Recusancy shall be pleaded in disability for as many Hereditaments as are not seized into the King's hands, 3 Jacobi, chapter 5.  

Bishop.  A Bishop shall not have an Action of Trespass made in the vacation, 39 Edw. 3. 12. pl. 18. 18 Edw. 2. traverse 237.  
Vide tamen Regist. 101. A writ form in such case for the succeeding Bishop.  

Master of an Hospital▪  Master of an Hospital shall have an Action of Trespass for a thing done in the time of his Predecessor, Nat. br. 89. G. Regist. orig. 196. B. the writ there.  

Tenant at will.  Tenant at will shall have trespass against a Stranger 19 Hen. 6. 45. pl. 94. 12 Edw. 4. 8. pl. 20. 35 Hen. 6. 5. pl. 7.  

Copyholder.  For entering his Close, and burning his hay, 35 Hen. 6. 5. pl. 7.  
Copyholder shall have trespass. Coke 4. part 31. A. 2 Henry 4. 12. pl. 49. Coke 4 part 4. 21. 
Tenant in common.  B. & 23. B. and this before his admission per descent.  
The join in trespass touching Tenants, Littleton sect. 315. 18 Hen. 6. 5. 14 Hen. 6. 9 pl. 38. 12 Hen. 6. 4. pl. 11, 4● Edw. 3. 13. 5 Hen. 4. 1. 14 Hen. 4. 31. 43 Edw. 3. 24. pl. 3. 22 Hen. 6. 12.  
But if one dies the other shall have an Action for all, 43 Edw. 3. 24. pl. 3.  
They ought to join in Trespass, 5 Rich. 2. cap. 7. 34 Hen. 6. 32. pl. 16. 4 Edw. 4. 18. 21 Hen. 7. 22.  
Note for battery they shall not join, Regist. orig. 105. B.  
A. had male Swans, B. female, which having young ones, for the young ones they shall join, because they are Tenants in Common, Coke, 7. part 17. A. 2 Richard 3. 15, 16.  
One Tenant shall not have trespass de bonis asportatis against his companion that takes them, Lib. intra. 653. B. sect. 3.  

Tenant for another's life.  Tenant for another's life is disseised, he that had the life dies, Tenant for another's life shall have trespass without reentry, because the Act of God shall not prejudice him, 19 Hen. 6. 28. B. Aschough, Coke 5 part Kniets case.  

Tenant at sufferance.  Tenant at sufferance shall not have trespass, Crook 17 Hen. 7. 47. A.  

Outlawed.  If a man be outlawed or attainted in trespass or felony and pardoned, he shall have trespass, for trespass done to his person before the pardon, 29 Assize, pl. 63. No. Lib. intra. 248. A. 30 Edw. 3. 4. pl. 18.  
But for other trespass, quaere 5 Edward 3. 170.  
But before Scire facias he cannot without doubt, because the pardon was conditional, 21 Edward 3. 55. pl. 7.   

Against whom Trespass lies.  

Administrator.  Administrator takes the goods of B. which proves as will, by which he was made Executor, and brought Trespass, and it lies although the administration were never repealed, for the administration was void, and the Administrator a Trespassor, Mich. 12 Jac. Ban. Regis, Fisher & Young.  
A. makes a Trespass, B. agrees to it afterwards and avows, yet B. is no Trespassor, 
Agreement.  9 Edw. 3. 35. pl. 17.  

Alien.  Trespass lies against an Alien, Digest. br. 72. A.  

Attainted person.  Person attainted shall be sued, Mich. 38, & 39 Eliz. Com. ban. Banister & Trussell, No. lib. intra. 248. A.  

Attorney.  Infant makes a Letter of Attorney to A. to take a Livery for him, A. takes it, the Infant shall not have trespass, because it is for his advantage, 21 Hen. 6. 31. B. Ascue.  

Husband and wife.  Trespass De muliere abducta cum bonis, etc. gift against husband and wife, because the wife may assent to the Ravishment, and also to the carrying of the Goods, 43 Edw. 3. pl. 15. 44. Assize 13.  
Trespass against Husband and wife, the wife is taken by Capias, but not the husband; Dodderidge and Haughton Justices said, that if the Declaration be against the wife alone it is not good, and if there be no Declaration the wife shall be at large; but afterwards Dodderidge said, a Declaration shall be put in against the Husband and wife, and the wife appearing shall be committed to prison, to which Crook agreed, yet q●aere what was done in it, Mich. 15 Jac. Ban. Regis, Ashewell against Opshard and his wife.  
If the Woman beat another the Husband must be named in the Writ, Register original, 105. B. Lib. intra. 612. A. sect. 11.  

Commander.  Trespass lies against him that commands another to do a Trespass, Doct. & Stud. 19 A. tamen quaere.  

Body politic.  It lies against a Master of an Hospital, and his brethren, Register Original, 105. B.  

Dean and Chapter.  It lies against a Dean and Chapter, 32 Hen. 6. 8. pl. 13.  

Maior & Communality.  It lies against a Mayor and Communality, Quare vi & armis, 38 Edward 3. 18. 8 Henry 6. 1. 9 Henry 6. 36. 20 Henry 6. 9 15 Edward 4. 2. 4 Henry 7. 13. 32 Henry 6. 10.  
But no Capias lies against them, because they cannot appear in person, 45 Edw. 3. 2 & 3. 22 Assize, 67. 21 Edw. 3. 59 pl. 1.  

Disseisor.  Disseisee shall have trespass against his Disseisor before his entry, for the former entry, 32 Hen. 6. 32. 38 Hen. 6. 28. A. Fortescue.  
But after his entry he shall have trespass against the Disseisor for all the mean profits, Coke 11. part 51. A. Liffords' case, 3 Hen. 4. 13. pl. 18. Gascoigne, 37 Hen. 6. 7. pl. 12.  
But shall not have trespass against the Disseisor of the Disseisor, for then the last Disseisor should be twice charged, Coke 11. part 51.  
Neither against the Feoffee or Feoffor of the former Disseisor, 34 Henry the 6th. 30. pl. 14. 13 Henry the 7th. 15. Coke 11. part 51.  
Liffords' case, 2 Edward 4. 18. pl. 12. per 2 Justices, Crook 12 Henry 7. 1. pl. 2.  
But against a Coadjutor of a Disseisor it lies, 21 Edw. 4. 5. & 19  

Infant.  It lies against an Infant, Digest. br. 72.  

Executor.  It lies not against an Executor, quia actio personalis moritur cum persona, Doct. & Stud. 75.  

Guardian.  Guardian shall have trespass against his ward, 5 Hen. 4. 2. pl. 7.  

Idiot.  It lies against an Idiot, Digest. br. 72. A.  

Judge.  Trespass and imprisonment lies not against a Judge at Westminster, although he commit him without cause, 21 Hen. 6. pl. 9 in fine.  

Auditors.  But if Auditors commit not an Accountant forthwith, but at another time, trespass lies against them, 27 Hen. 6. 8. pl. 7.  

Miller.  It lies against a Miller that takes of them that are toll free, 41 Edw. 3. 24. pl. 17. 44 Ed. 3. 20. pl. 16.  

Queen.  It lies against the Queen sole.  

Lord.  Trespass lies not against the Lord per Marlebridge, cap. 13.  
Non ideo puniatur dominus per redemptionem, Coke 4. part 11. B. Bevils case.  
But afore this Statute trespass lies against the Lord, vi & armis, 48 Edward 3. 20. pl. 16. Thorp.  
The reason that it lies not against the Lord is insomuch that he cannot come within his fee against the peace, although he had not cause to distrain, 47 Ed. 3. 7. pl. 3. Finchden.  
This Statute is intended as well of every Lessor as of the Lord, 9 Hen. 6. 43. pl. 21.  
If the Lord distrain where nothing is in arrear, yet trespass lies not against him, Coke 4. part 11. B. Bevils case, 9 part, 76. A. because he may do this as Lord.  
But if the Lord distrain where there is nothing arrear, and the Mesn will put his cattle in the Pound for the cattle of the Tenant, and the Lord will not permit him, trespass lies against the Lord, Coke 9 part. 22. B. Case of Avowry.  
And if the Lord encroach, and afterwards distrain for the services, and for the encroachment also the Tenant may tender the very services, and shall have trespass for the other, Coke 4. part 11. B. Bevils case, 10 Hen. 6. 3. pl. 11.  
And if a Bailie or Servant distrains where nothing is arrear trespass lies, because it is not within the Statute, Coke 9 part 76. A. Combs case, 9 Hen. 5. 10. 11 Hen. 4. 78. B. 9 Hen. 7. 4. 48 Edw. 3. 20. pl. 16.  
When the Lord abuses his authority given him by the Law he shall be punished by trespass, Coke 8. part 146. the six Carpenters case.  
If he labour or kill the distress, 8 Edward 4. 15. 22 Edward 4. 5. pl. 16. & fol. 47. pl. 22. Coke 8. part 146. B.  
If he tie the cattle in the pound 27 Assize, 64.  
If he break the hedges or gates, or such like, 20 Ed. 14. 3. pl. 11. 48 Ed. 3. 6. pl. 10.  
If he cut the Trees, or stay all night, 11 Hen. 4. 75.  
The Lessee cuts Trees to repair, the Lessor carries them away, and Trespass lies against him, 44 Edw. 3. 44.  
If the Lessor distrayn damage pheasant, 5 Hen. 7. 10. pl. 2.  
So if he out the Termor, 48 Edw. 3. 6. pl. 11.  
Or the Executor of the Termor, Regist. orig. 102. B.  
The Lessor excepts the Trees and roots them up, it seems Trespass lies, Coke 11. part 49. B. Liffords' case.  
The Lord sells the Distress and buys it again, Trespass lies, 29 Hen. 8. Dyer 35. pl. 34.  
It lies by a Copyholder against the Lord that outs him, 21 Edw. 4. 80. Coke 4 part, 22. A.  
The reason in all these Cases is when one hath authority, licence, or entry by the Law given him by the misusing it, or the not doing, he is a Trespasser ab initio, Coke 8. 146.  

Deaf and dumb.  It lies against one that is deaf and dumb, Digist. br. 72. A.  

Tenant at will.  If Tenant at will make voluntary; waste, Coke 5. part 13. B. Salops case, Littleton, 15. A. fo. per 3 Mariae, Dyer 122. B. This is a determination of the Will, and Trespass lies without entry.  
For Cutting underwood, 2 Edw. 4. 24. pl. 25. 
Tenant by sufferance.   
It lies not against Tenant by sufferance, because he comes lawfully to the possession, 22 Edw. 4. 13. pl. 3.  

Tenant in Common.  If two Tenants in common of a foldage by prescription, one shall have trespass against the other, for the breaking the fold, Nat. br. 91. A. H. 
Meer-stone.   
For taking away the Meer-stones, 1 Hen. 5. 1. pl. 1. 
Shrieve.   
Note, when the Court hath not Jurisdiction of the cause, the officer that makes the arrest shall be a Trespasser; but where the Court hath Jurisdiction, and proceeds erronice, there it is not punishable, Coke 10. part. 76. A.  
The Shrieve takes one not named in the Writ, Trespass lies against the Shrieve, 11 Hen 4. 91. A. Haukeford. 13 Hen. 4. 2. Hankford & Thirning.  
But if the Plaintiff show another person to him, the Action lies against them both.  
A. procures the Shrieve to arrest B. without a Writ, and after purchased a Writ, and the Shrieve arrests him afterwards being in his custody, the Action lies, 7 Eliz. Dyer 244. pl. 61.  
The Shrieve takes B. upon a Capias, and returns not the Writ, B. shall trespass, 20 Hen. 6. 24. A. 21 Hen. 6. 5.  
Otherwise upon a Capias ad sati ●faciend. Coke 4. part. 67. A. Capias to the Shrieve of Middlesex. and he takes him in London, trespass lies, 16. Edw. 4. 6.  
So if he makesa Repleg. of cattle distrained an estranger may have trespass against him 14 Hen. 4. 24. pl. 32. per Haukeford et Thirning, Doct. et Student 150. A.  
So if he come to make a Repleg. and breaks the hedges and gates, 20 Henry 6. 28. pl. 19  
So if he attach the Horse of the Master in possession of the Servant for the debt of the Servant, Doct. & Student, 138. B.  
So if he breaks the house for debt or trespass, 13 Edw. 4. 9 A. 18 Edw. 4. 4. A. Coke, 5. part, Semaynes case.  
So if he makes a good return in Law, but false in deed, upon a Habeas corpus, Coke 9 part 99 B. Bags case, 9 Hen. 6. 44.  
If he takes felons goods where another hath them within his Hundred Nat. br. 91. F.  
One appeals for receiving felons, the Shrieve takes his Goods, and after he is acquitted, Trespass lies against the Shrieve, for he ought to have seized them only, and the other shall find Sureties, and if he can find none they shall be in the custody of his Neighbours, 43 Edw. 3. 24. pl. 1.  

Outlaw.  It lies against one outlawed, Digest. br. 72. A. Mich. 38, & 39 Eliz. Com. Banc. Banister against Trussell, No. lib. intra. 248. A.   

For what matters Trespass lies, viz. for doing of wrong to the damage of another, 1. touching Inheritance, 2. touching Chattels, 3. touching the body.  

Inheritance.  The Plaintiff ought to show the Town where the Inheritance corporate lies for otherwise there can be no venue, Trin. 9 Jac. 
Note.  Ban. Luke versus Sampter.  

Castle.  Quare vi et armis castrum ipsius E. apud D. fregit, etc. Regist. orig. 106. B.  

Message.  Trespass for the breaking of a house, Nat. br. 87. D. 88 A. Regist. orig. 94. A. the count, No. Lib. intra. 653. C. sect. 7.  
Of Breaking a house, and the count was of a Church by a person and good, 8 Hen. 6. 9  
Of Breaking a house and Burning the timber, Regist. orig. 94. B.  
Of the burning of a house, Regist. orig. 110. A. Nat. br. 88 N. the count Lib. intra. 607. C. et B.  
For breaking the Door, and Windows, of the house, Regist. orig. 99 A. Nat. br. 92. D. 
Mill.  For breaking the Head of a Mill, Regist. 96. A. Nat. br. 88 M.  

Piggeon-house.  For breaking a Pigeon-house, Regist. orig. 104. B. 10 Hen. 6. 19 A.  

Lane.  For breaking my close the writ may be with a continuando, Nat. br. 91. L. the count, Lib. intar. 647. D. sect. 1. 642. A. sect. 6. Lib. intra. 619. A. sect. 1.  
For breaking a Close the count was of a Churchyard, 8 Hen. 6. 9 pl. 20. and for digging in it, Regist. orig. 94. A. 2 Rich. 2. Bar 237. Nat. br. 87. B. 9●. K.  
The Count, No Lib. intra. 66 1. D. sect. 12. Lib. intra. 622. B. Sect. 1. 646. C.  
For digging my Gravel, the Count, Lib. intra. 646. C. Sect. 2.  
For digging in my Land, Coke 9 part. 12. A. 7 Hen. 4. 11.  
For digging in my mine, and carrying it away, Regist. orig. 104. B. 43 Edw. 3. 35. pl. 53.  
For digging in my Quarry, Regist. orig. 105. A.  
For hindering my mine, Regist. orig. 104. A.  
For breaking my Bridge, Regist. origin. 106. A.  
Upon 8 Hen. 6. cap. 9 the Writ may be vi & armis without showing the entry of the Defendant congealable, 34 Hen. 6. 26. pl. 14.  
It was brought upon a Desseisin and detainer with force, although that the Statute is in the disjunctive, 6 Hen. 7. 12. 10 Edw. 4. 11. pl. 35.  
It lies upon an entry with force, although the entry be congealable, 9 Hen. 6. 19  
Upon 5 Rich. 2. cap. 7. the Writ needs not mention what Lands certain, 4 Edw. 4. 18. pl. 35. 5 Edw. 4. 26. A.  
It shall not be vi & armis, without showing that the entry was congealable, 34 Hen. 6. 26. pl. 4.  
If the entry be supposed in A. and B. where B. is a Hamlet of A. yet good because damages is only to be recovered, 5 Edw. 4. 8.  

Meadow.  For breaking of my Bank, by which my Meadow is drowned, Regist. 106. B. Coke 9 part. 50. B. Nat. br. 88 L.  
For digging my Meadow, Coke 9 part. 12. A. 7. Hen. 4. 11.  

Wood  For entering his Wood, and taking away an Airy of Hawks, Regist. orig. 96. B. 110. B. Nat. br. 86. L. 22 Hen. 6. 59 Nat. br. 89. K.  
For cutting his Trees, Regist. orig. 110. A. Nat. br. 98. K. 10 Edw. 4. 2. pl. 5.  
For pulling up his Trees by the Roots, Regist. orig. 95. B.  
For pulling young Trees, Regist. orig. 95. A.  
For eating up his blades, and springs of his young Wood, Nat. br. 87. K.  

Park.  For breaking his Park, Regist. orig. 96. A. 109. B. 110. A. Nat. br. 87. A. 46 Edw. 3. 12. 18 Edw. 4. 14. pl. 12. Nat. br. 98. B. 6 Edw. 6. Dyer 7. pl. 37.  
For entering his Park, 20 Hen. 6. 37. pl. 7.  
De malefactoribus in Parcis, upon the Statute, 21 Edw. 1. Regist. orig. 111. B.  
The Count, Lib. intra. 650. D. Sect. 4.  
Upon the Statute of Westm. 2. cap. 28. 7 Eliz. Dyer 238. pl. 34. for the King.  
The Count, Lib. intra. 652. A. Sect. 9  
Upon Westm. 1. cap. 20. within the year, Nat. br. 67. D.  

Forrest.  The Grauntee of the herbage of a Forest shall have trespass, quare clausum fregit against any that takes grass, 11 Eliz. Dyar 285. pl. 40.  

Chase.  For entering his Chase, 42 Edw. 3. 2. pl. 8. 43 Edw. 3. fol. 8. pl. 23. 43 Edw. 3. 8. pl. 23.  
He needs not show how he came to the Chase, 42 Edw. 3. 2. pl. 8. 43 Edw. 3. 8. pl. 23.  
For hunting in his Chase, the Count, Lib. intra 650. C. sect. 1. Hunting.  

Pond.  For fishing in his pond, Regist. orig. 95. B. Nat. br. 87. A.  
For breaking his pond, by which the water and fish went out, Nat. br. 87. L.  

Tithes.  For carrying away his Tithes, being severed from the ninth part, No. Lib. intra. 686. C. sect. 23. the Count, No. Lib. intra. 678. B. & C.  
For hindering the Parson to carry away his tithes, Regist. orig. 105. A.  

Trees. Inheritance.  For cutting his trees where one had the Land and the other the Trees, Crook 12 Hen. 7. 16. B. Vavisour, Coke 8. part. 137. B. barrington's case, Coke 11. part, 49. B. Lyffores case.  

Fishing.  For fishing in his severed water, Regist. orig. 96. A. & B. 109. in fine Nat. br. 87. G. 89. B.  
The Count, Lib. intra. 666. A.  
Free fishing; Regist. 95. B. Nat. br. 88 G.  
It is severed fishing that a man hath in his own Land, and free in the land of another, 17 Edw. 4. 7. pl. 5. per 2 Justices.  

Warren.  For entering his warren, Regist. orig. 93. B. 96. B. 109. B. 110. A. Nat. br. 86. M. 5 Hen. 7. 10. B. 3 Hen. 6. 55. B. 34 Hen. 6. 20. pl. 9 Nat. br. 89. K.  
The writ shall not say Lepores suos, because he hath not a property in them, 3 Hen. 6. 55. pl. 34. Regist. orig. 109. B. 96. B.  
And for this cause he shall not say pretii, or ad valentiam, 8 Edw. 4. 5. pl. 16. Lakin.  
The Count, Lib. intra. 650. C. sect. 2, 3.  
For breaking his Warren, and carrying away his Coneys, 5 Edw. 53, 54.  

Swans.  For taking away his Swans, Coke 7. part 16, 17. 7 Hen. 6. 27.  

Toll.  For disturbing to take toll, Regist. orig. 103. A. Nat. br. 91. G.  
But if he be disturbed in a Market or Fair, he ought to show the place, 2 Edw. 3. 32. pl. 9  
If a Miller take toll of them that are toll-free it lies, 41 Edw. 3. 24. pl. 17. 44 Edw. 3. 20. pl. 16.  

Wreck.  For taking a wreck, Regist. orig. 103. A. 5 Edw. 3. 174. pl. 91. without seizure, Nat. br. 91 D.  

Waif.  For taking a Waif, Regist. orig. 100 A. B. without seizure, Nat. br. 91. B.  
But quaere 16 Eliz. Dyer 338. pl. 40. for the 21 Edw. 4. 16. pl. 7. it seems he may not.  

Estray.  For taking an Estray, Regist. orig. 100 B. the Count, Lib. intra. 638. B. sect. 1.  
Without seizure, Nat. br. 91. B.  
Tamen quaere for the 12 Hen. 8. 10. e contra. quaere 20 Hen. 7. 1.  
The Count Lib. intra. 638. B. Sect. 1. is without seizure.  

Felon's goods.  For taking Felons Goods, Regist. orig. 101. A.  
Felons goods within a Hundred, if the Shrieve takes them, the Lord shall have trespass, Nat. br. 91. F.  

Fair or Market.  Fair or Market disturbing, Regist. orig. 103. A. & B.  

Frank-foldage.  For breaking and hindering of the Foldage, Regist. orig. 103. A. Nat. br. 91. H.  

Chattels Real.  Competit etiam Domino actio indirecta, quatenus sua interfuit non caruisse servitiis famulorum, & operibus servorum & hujusmodi, Bracton Lib. 3. fol. 115. A.  

Son.  For taking 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.  

Daughter.  For taking away his daughter, and marrying her, Regist. orig. 98. B.  

Heir.  Heir, Regist. orig. 99 A. Coke 3. part. 38. Ratcliffs case. 12 Hen. 4. 16. pl. 9 Consanguineum & haeredem suum rap●●●, 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, etc. 32 Edw. 3. Gard. 32.  

Woman.  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 lies although they are divorced, 43 Edw. 3. 23. pl. 15. 4. Assize pl. 13.  

Battery.  Assault, Battery and wounding, the Count Lib. intra. 668. C. sect. 4. 
Imprisonment.   
Imprisonment until fine be made, 6 Edw. 3. 208. pl. 2.  

Servant.  For threatening 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, etc. 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. 1●. and there it was Quod servitium amisit, and good without this word [per.]  
Battery, Mayheme and imprisonment, per quod, etc. Trespass lies, Crook 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. Crook.  
For enticing my servant to depart, Trespass lies not, but an action upon the case, 11 Hen. 4. 3. pl. 46. 
Apprentice.   
For taking away his Apprentice, Regist. orig. 109. A.  

Prisoner.  Per Goaler for taking away his pisoner, Regist. orig. 104. A. 4 Edw. 4. 6. pl. 7.  

Captive.  For taking his Captive from him, Regist. orig. 95. A. 102. B. Vat. br. 88 A.  

Chattels personals. Living.  Si quis di●●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 cattle 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 cattle shall be Averia s●a, or show 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 ●.  

Boar.  For taking away his Boar, Regist. orig. 110. B.  

Oxen.  For taking away his Oxen, Regist. orig. 110. B.  

Mastiff.  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. eliot. Regist. orig. 109. A.  

Capons.  For taking away his Capons, the Writ was bona & catalla, and good▪ 17. Edw. 3. 41. pl. 19  

Coneys.  For taking away his Coneys out of his Close, the Writ shall be soos, Nat. br. 87. A. Regist. orig. 93. B. 102. A.  
So if it be in a Park, Regist. 110. ●.  
But if it be for entering in to his Wa●r●n▪ and taking his Coneys, he shall not say s●o●, 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, & cunic●los cepit & asportavit, without saying ibidem, and yet good▪ 43. Edw. 3. 13. pl. 7.  
If Coneys go out of a Warren, any may kill them in his own land, and no action lies, Coke 5. part. 104. 43 Edw. 3. 13. pl. 7.  

Dear.  Deer if they be tame, he shall say suas, but then he ought to show that they were tame, 43 Edw. 3. 24. pl. 2.  
But if it be in a Park or Chafe he shall not say su●s, because he hath them but ratione privilegii.  

Hawks.  For taking away young Hawks, he shall say suos, because he hath a property possessory, 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.  

Fish.  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 show the nature and number of the Fishes, Coke 5. part. 35. 31 Hen. 6. 39  

Bull. Capta & fugata. Hogs.  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.  

Capta fugata & imparcata.  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 showing the price, because it may be he was seized of the cattle.  

Capta & interfecta.  Cepit in S. & interfecit at W. contra pacem, etc. nought, because Cepit implies a property, and then contra pacem is not good, 27 Assiz. 64.  

Districta.  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 come. & 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.  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 cattle, and upon the second branch it lies well, because it is there cattle 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 the offence, 7 Eliz. Dyer 238. pl. 33.  
But if Land in one County be held of a Manor in another County, the Distress belongs to the Manor, 1 Hen. 6. 3. pl. 9 30 Edw. 3. 6. Com. 204. B. 14 Edw. 3. 275. 22 Ed. 4. 11. 6 Hen. 3. Avowry 242. Crook. 18 Hen. 7. 50. pl. 3.  
If the distress be put in several pounds within the same County, this is out of the Statute unless they are put in several Franchises, otherwise the party needs not put in several Replevins, Mich. 37 & 38 Eliz. Partridges case. per Anderson.  
Averia districta extra foedum upon Marlebridge, cap. 15. Westm. 1. cap. 16. Articuli Cleri. cap. 9 Regist. orig. 97. B. Coke 8. part. 60. B.  
In via Regia, upon the Statute, Marlbridg cap. 15. Articuli Cleri, cap. 9 Regist. orig. 97. B. Coke 8. part. 60. B. Nat. br. 90. A.  
Note Non dicitur simul in uno brevi Regia via & extra foedum, Regist. orig. 97. B. in nota.  
In communi strato upon Marlebridge cap. 15. Regist. orig. 97. B. although that it be within his fee, 17 Edw. 3. 43. pl. 31.  
This Writ is contra pacem, and not vi & armis, 7 Edw. 3. 1. pl. 2.  
Excessive distress upon the Statute of Marlbridge, cap. 4.  
Averia districta per Ballivum non ●●vat upon Westm. 1. cap. 17.  
Averia Caruce upon the Statute, 21 Edw. 1. Regist. orig. 97. B. Nat. br. 90. B. 14 Eliz. Dyer 312. pl. 86.  
The Writ is contra pacem, and not vi & armis, 17 Edw. 3. ●. pl. 2.  
The Counts needs not show that the Distress should▪ be reasonable, but shall say generally▪ contra▪ formam▪ Statute, 14 Eliz. ●12. pl. 86.  
This action lies, although that agreement ●e made, 4 Edw. 5. 1. pl. 2.  
Oves 〈…〉 upon Statue 〈◊〉 Edw. 1. Bracton fol. 217. Regist▪ orig. 97. b. Nat. br. 90. B.  
But if 〈…〉 not other cattle on the land▪ at the day that the Lord comes to distrain, he may distrain the Sheep, 29 Edw. 3. 16. pl. 48.  
Catalla districta quousque ●●nem fecit▪ Nat. br. 87. C.  

Impercata Catalla.  Averia impercata, per quod terrra remansit inculta, Nat. br. 88 J.  
Equo impercato & mortuo sine alimento, Regist. orig. 94. B.  
If they die in a pound over●, the party had no remedy, 46 Edw. 3. 3. pl. 4.  
But if it be a pound close, he shall have trespass, 46 Edw. 3. 3.  

Percussa Catalla.  Equo percusso, the Count Lib. intra. 614. A. Sect. 22.  
Equo percussa per quod the Master is hurt, Regist. orig. 96. B. Nat. br. 89. E.  

Tonsa Catalla.  Oves to ●sa●▪ Regist. orig. 96. A. Nat. br. 88  
Bracton, Lib. 3. fol. 102. B. Si quis rem mobilem vendicaverit ex quacunque causa ablatam, 
Chattels dead.  vel commodatain, debet in Actione sua definire protium, & sic proponere actionem suam, quia ille a quo res petitur non tenetur precise ad rem restituendum, sed sub disjunctione, vel ad rem, vel ad pretium.  
The Writ for dead cattle shall be bona & Catalla ad valentiam, 21 Hen. 6. 39 pl. 5.  
But if it be but one thing, it shall not be bona & catalla, 22 Edw. 4. 12. pl. 32.  
But shall name the thing▪ itself, Crook 12 Hen. 7. 35. pl. 1.  
The Writ for live Chattels shall be cepit & asporta vit, ad valent. Nat. br. 88 B. 21 Hen. 6. 39 pl. 5.  

Arrestata. Wool.  Wool distrained until C. and D oblige themselves to make deliverance, 43 Edw. 3. 6. pl. 18. the writ is, 1. vi & armis, and good, 2. ad dampnum, 〈…〉 the value is not showed, yet good, because it is not in demand.  
Arrested quousque commodum 〈◊〉 did it, etc. Regist. orig. 102. A. 105. A.  

Capta & asportata.  A●gentum cepit & asportatis, Regist. orig. 108. B. 110. A. Nat. br. 87. M. ●4. Hen. 6. 10. pl. 21. 2 Edw. ●. 12●. shall not say pretii, Regist. orig. 102. B. 108. B.  

Money.  For the Money comprehends the value, 46. Edw. 3. 16. pl. 12. per Mowbray. 46 Edw. 3. 10. pl. 1.  
Money out of a Chest, the Count, Lib. intra. 614. A. Sect. 1.  
Auri tot Fl●renos, there it shall be said pretii, Regist. orig. 102. B.  
Bona capta & asportata, the Count, Lib. intra. 615. D. Sect. 3. 681. C. Sect. 3.  
If one puts his goods in my house, and I will not deliver them, trespass lies not, Mich. 40 & 41 Eliz. Com. Ban. Britton versus the Countess of Shrewsbury, but if I remove them, or seize them to my use, it lies.  

Coles.  Carbones maritinos asportat, Regist. orig. 94. A. Nat. br. 87. B.  

Plough & horses.  Carucam & equos captain.  
The Count Lib. intra. 607. C. Sect. 1.  
Carucam captain. ad cariand. upon Westm. 1. Cap. 1. Regist. orig. 98. A.  

Writings.  For taking away writings in a Box, Regist. orig. 110. B. 106. B.  
The Count, Lib. intra. 616. B. Sect. 1.  
For taking away Deeds, Minuments and Writings, Regist. orig. 111. A.  
For breaking open a Chest, and taking away Deeds, 36 Hen. 6. 26. pl. 26.  
For taking away a Chest, Regist. origin. 110. B.  

Hay. Corn.  For taking away Hay, Regist. orig. 102. B.  
Frumentum, the Writ was bona & catalla, and good, 46 Edw. 3. 16. pl. 12.  

Timber.  Timber and Wood, capt. & asport. the Count, Lib. intra. 676. A. Sect. 7.  

Ship.  Navem capt. & abduct. Regist. orig. 95. A. 102. B. Nat. br. 87. I.  
Navem capt. ad faciend. cariag. upon the Statute of Westm. 1. cap. 1. Regist. orig. 98. A. Nat. br. 90. C. 
Obligation.   
Scriptum obligatorium delivered in nature of an Acquittance, 5 Hen. 4. 2. 1 Hen. 7. 14. 3 Edw. 3. 72. pl. 1. 
Will.   
Testamentum abstulit & asportavit, Regist. orig. 107. B. 
Coat.   
Tunicam, scilicet Coat armour, 9 Edw. 4. 14. pl. 8. 
Wine.   
Five Tuns of Wine, the Writ was bona & catalla, Wine taken and carried away, 39 Edward●. 18. pl. 17. Lib. intra. 684. A. sect. 1.  
The Count Lib. intra. 684. A. sect. 1.  
Vestimenta 11 Hen. 4. 31. pl. 57 
Cloath●.   

Th●rn●.  Trespass, Quare spinas suas Crescent. cepit & asportavit ad valen. etc. Good without showing the loads, for this is special and the value reduces it to a certain, Mich. 15 Jac. Ban. Regis, Jones & Wilson.  

Shocks of wheat▪  But if it be quosdam garbas tritici, it is not good for the incertainty, Trin. 7 Jac. Ban. Regis.    


Upon Judgement in Court out of the Realm. Ireland.  Error.  
In what Court Error shall be redressed.  
Judgement given in Ban▪ Regis in Irelund error lies in Ban. Regis in England, 1● Edw. 3. Error 72. 37 Assize, pl. 7. 5 Edw. 2. Error 89. 36 Assize 5. Nat. br. 22. E. Coke 7. part. 18. Calvin● A. case.  
But not upon a judgement given in another Court in Ireland, 5 Edw. 2▪ Error 89. Nat. br. ●2 E.  

Wales. Dodderidge De priucipalitate 〈◊〉 ●iae, fol▪ 18▪  Erroneous judgement in Wales shall not be redressed in Ban. Regis in England, because Wales was not parcel of the Crown, 27 Hen. 7. 33. pl. 32.  
But Crook 11 Hen. 8. 20●. 〈◊〉 1●. è contra, for there it is said it is parcel of England.  
But in Parliament this aught to 〈◊〉 19 Hen. 6. 12. 〈◊〉.  
And also before Justices i●ene●ant there, 19 Hen. 6. 12. Newton.  
But at this day judgement given at the Grand Sessions in Wales in plea real or mi●● shall be redressed in Ban. Regis in England, per Statute 34 Hen. 8. cap. 26.  
But in plea personal it shall be redressed before the Precedent of the Counsel in Wales by bill.  
But judgement in the Assizes in Wales cannot be redressed in Com. Ban. 8 Eliz. Dyer 250. 87.  


ERROR.     1. Out of the Realm 1. Ireland.     1. Judgement in court of Record      2. Wales.      1. Superior 1. Parliament.    1. Common Law  2. Ban. Regis.    3. Com. Ban.    4. Chancery.    5. Exchequer.    2. In the Realm 1. Parliament, the Sheriff in Redisseisin. per Merton cap. 3.   1. Assizes.     2. Oyer and Terminer. 1. Village.   3. Conusance of pleas 2. Single person. Error is either by   4. Forrest.     5. Stannaries.    2. Inferior Prescription 1. In him and his Successors.  2. In him and his Heirs.   3. In him & whose estate he hath. 2. Agard Execution  4. Custom 1. London.     2. Cinque ports.     3. In any village.     5. Common Right 1. Pypowders in Fair or Market.  3. Other Record Fine Grant of the King 2. marshalsea, Coke 10. part. 69. B.      3. Turn.      4. Leete.   Westm. 1. 2. cap. 30. Upon a Bill of Exception.    2. Statute Law. 5 Edw. 3. cap. 2. Error in marshalsea, Redress in Ban. Regis.   9 Rich. 2. cap. 8. He in Reversion, his Heirs or Successors shall have Error upon Judgement against Tenant for life, etc. and by equity he in Remainder. 34 Hen. 8. cap. 16. Error upon Judgement before the Justices in the Grand Sessions in Wales shall be redressed in Ban. Regis in England, if it be in plea real or mixed: but for personal matters, it was to be redressed before the Precedent and Counsel in Wales. 23 Eliz. cap. 3. False Latin, rasing, interlining, mis-entring of a Warrant 〈◊〉 Attorney, or Proclamation, Mis-return, or not Return of the Shrieve, or fault of ●orm in words shall not be Error in Fine or common Recovery. 27 Eliz. cap. 9 Ordains, that this Statute of the 23 Eliz. cap. 3. extends to Fines and Recoveries in Wales. 27 Eliz. cap. 8. Judgement given in Ban. Regis, shall be redressed before the Judges of the Common pleas, and Barons of the Exchequer, but than it ought to be in Debt, Detinue, Account, Covenant, Ejectione firmae, Trespass, Action upon the case, and there shall be nothing assigned in the Jurisdiction of the Court, or in form in a Writ returned, Plaint, Bill, Declaration, pleading, process, verdict, or proceedings.  31 Edw. cap. 3. 12. Error redressed in the Chequer chamber before the Chancellor and the Thesaurer, calling to them the Barons of the Chequer and Justices.  31 Eliz. cap. 1. The not coming of the Chancellor shall not make a Discontinuance of the Error in the Chequer chamber.  And for Error therein sued upon a Judgement in Ban. Regis, 3 of the Justices or Barons may adjourn it, and it shall be no Discontinuance.   

I'll of Man.  Erroneous judgement given in the Isle of Man may not be redressed in England, because it is not parcel of England, Crook 11 Hen. 8. 202. pl. 19  

2. Within the Realm in Court superior as Parliament. Ban. Regis.  Judgement given Ban. Regis, Error lies in the sane Court per Common law, if it be error in process, or default of Clarks, Nat. br. 21. I. 7. Hen. 6. 28. pl. 22. 19 Hen. 6. 2. pl. 2. 15 Edw. 4. 7, & 8. 3 Eliz. Dyer 196. pl. 39 27 Hen. 8. 15. B. Knightley.  
But if it be error in Law, which is the fault of the Justices, it shall not be redressed but by Parliament per Common law, Nat. br. 21. I. 9 Edw. 4. 3. 3 Eliz. Dyer 196, pl. 39 & 201. pl. 64. 23 Eliz. Dyer 374. pl. 19 27 Hen. 8. 25. B. Fitz-James.  
But error in process or default of Clarks ought to be redressed in the same Term; or otherwise it lies not in the same Court as it seems by the Justices, Trin. 7 Jac. Ban. Regis, Prowse & Skeynner.  
But one case was Mich. 41 & 42 Eliz. Rot. 639. which is a rule that error lies in another Term upon Error in Process, when the party cannot have error in the Chequer Chamber.  
But by the 27 Eliz. cap. 8. if judgement be given in Ban. Regis, upon a suit commenced, there the writ of error lies in the Chequer Chamber, before the Justices of the Common ban. and Barons of the Chequer, or fix of them, Coke 3. part 7. B. 4. part 7. B. 4. part 53, & 86. A. 5 part 18. B. 28. A. 43 A. 97. B.  
But than it ought to be in Debt, Detinue, Account, Covenant, Ejectione firmae, Trespass upon the case.  
And also nothing shall be assigned for Error in Jurisdiction of the Court, or form of the Writ, Return, Plaint, Bill, Declaration, Plead, Process, Verdict, or Proceedings.  
And also a writ of Error lies upon this in Parliament.  
Judgement given in Chancery, according to the Common-law shall be redressed in Parliament, 37 Hen. 6. 13. 11 Edw. 4. 8. Choke.  
Or in Ban. Regis, 14 Eliz. Dyer 315. pl. 100 and so it seems 37 Hen. 6. 13. 8 Edw. 3. 25. 17. Assize, pl. 24. Com. 393. A. 39 Assize 18.  
And in case of Partition one Scire facias in Chancery upon Error and good, 4● Assize 22.  
If Letters Patents are enrolled in Chancery there shall be a Scire facias to reverse it there, 16 Edw. 3. bre. 651. 2 Rich. 3. 1. A.  
But another subject upon this being grieved shall have this redressed in Parliament, 16 Edw. 3. bre. 651. 37 Hen. 6. 13.  
But no writ of Error lies altogether upon a decree in Chancery, because in their proceeding the Court is not a Court of Record, 37 Hen. 6. 13. 27 Hen. 8. 15. Knightley.  

Com. Ban.  Judgement given in Com. Ban. if it be Error in Process, or in default of Clarks, it shall be redressed in the said Court the same Term, without a writ, Nat. br. 21. I. 15 Edw. 4. 7, & 8. 7 Hen. 6. 28. pl. 22. 19 Henry 6. 2. pl. 2.  
But for Error in Law in the same Term, or other Error in another Term, this shall be redressed in Ban. Regis only, Nat. br. 21. I. Coke 8. part 5. A. 5 Mariae, bre. Commission 25.  
It shall not be reform at the Counsel-Table, 39 Edw. 3. 14. pl. 28.  

Exchequer.  Judgement given before the Barons of the Chequer chamber shall be redressed in the Chequer chamber before the Chancellor of England, Thesaurer, Barons, and Justices, 31 Edw. 3. 12. A. 37 Hen. 6. 15. 8 Hen. 7. 13. pl. ult. Com. 260. B. Coke 1. part 11. 34. 3. part. 11. B. 8. part 58. A. 65. B. 15 Edw. 4. 18. 39 Hen. 6. 52. 6 Hen. 7. 15.  

Inferior Court▪  The Statute of Merton cap. 3. makes the Shrieve judge of Record in redisseisin, and Error lies upon this in Ban. Regis, Coke 6. part 12. a Gentleman's case. 
Assizes.   
Judgement given at the Assizes in the Country shall be redressed in Ban. Regis, 33 Edw. 3. Verdict 48. 7 Eliz. Dyer 235. pl. 21. 23 Eliz. Dyer 375. pl. 19 2 Rich. 3. 1. pl. 1. 10. Assize, pl. 25.  
Or in Com. Ban. Nat. br. 25. E.  
But judgement given at the assizes in Com. Monmouth shall be redressed only in Ban. Regis, and not in the Com. Ban. because the other Justices at the assizes are by letters patents, 8 El. Dyer 250. pl. 87. and if the Assizes be adjourned in Ban. and judgement given there it shall be redressed in Ban. Regis, 8 Hen. 6. 17.  
And if judgement be given at the Assizes in a Quare impedit, Error lies in Ban. Regis, 6 Edw. 6. Dyer 76. pl. 34.  
But Judgement given at the Assizes shall not be redressed at the Counsel-Table, 39 Edw. 3. 14. pl. 28.  

Oyer & Terminer.  Commissions of Oyer & Terminer by Justices of the peace, the judgement shall be redressed in Ban. Regis, 29 Edw. 3. 30. ● Mariae, brev. Commissions 25.  
But Error lies not upon a thing done before the Justices of the peace, 4 Hen. 6. 24. Martin.  
But error was brought upon an Utlawry upon Indictment taken before Justices of the peace, 11 Hen. 4. 53.  

Conusance granted to a City or Village corporate. Judgement.  Conusance of pleas granted to a City or Village corporate, there judgement shall be redressed in Ban. Regis.  
Or to a body Natural.  
Judgement in Chester Error lies in Ban. Regis, Coke 2. part 89. B. 19 Hen. 6. 12. 6 Hen. 4. 8. pl. 30.  

Note.  But note in a writ of Error upon a judgement given in Chester, day shall be given for so long time that three Counties may be held there, before the return of the writ in Ban. Regis, within the which time the Justices or Lieutenant of the same County may redress the error by the usage of the said County, Regist. orig. 17. A.  
But in a Writ of Error upon a Writ of Error they have no such power, but the Record and the Process ought to be remanded at the first County into Ban. Regis, Regist. orig. 17. A. Lib. intra. 290. A. sect. 1. Chester.  
And by usage in the same County, nine Counties shall be held one year, and eight another year, etc. Regist. orig. 17▪ A.  
The usage is to have a Writ out of the Chancery retornable in Ban. Regis, for Writs of Error are excepted in Charters granted at Chester.  
And in this Error there the Justices may award a Scire facias against the Defendant, returnable at the next County, and if the judgement be affirmed the party may have a Special Writ of Error, reciting the former Writ, and have the Records and Process of both judgements removed in Ban. Regis, there to be examined, and a Scire facias awarded against the Tertenant, for otherwise the party shall not be restored to that which he lost, 15 Eliz. Dyer 321. pl. 20. 21 Hen. 7. 34. pl. 32. Fineux, 34 Hen. 6. 42. 6 Hen. 4. 8. pl. 36. Lib. intra. 290. B. sect. 1. Chester.  
And by 18 Eliz. Dyer 345. pl. 6▪ if the judgement be reversed the party shall be restored▪ and the Judges there forfeit to the King 100 l. although the judgement was given by their Predecessors.  
But than it is not intended of Error in deed, but only of Error within the Record or Process, No. Lib. intra. 〈◊〉 A. sect. 2.  

Forest.  Claym allowed by the Justices of the Forest, error upon it in Ban. Regis, 21 Edward 3. 48. pl. 70.  

Stannaries.  If erroneous judgement be given in the Stannaryes, it shall be redressed before the Warden of the Stannaryes and after, before the counsel of the Prince, and after before the King himself.  
Pasc. 7. jac. Regis per Fleming chief Justice, a writ of Error or false judgement lies not upon judgement given in the Court of the Stannaryes, as was resolved by all the Justices, and it seems the reason is because it is but an English Court,  
Judgement in the County Palatine of Durham shall be redressed by a Writ of Error there, and upon Error in this judgement in Ban. Regis, or in Com. Ban. Nat. br. 21. G. 14 Edw. 3. Error 6. 8 Eliz. Dyer 250. pl. 86.  

Custom.  Judgement in London shall be redressed in Com. Ban. or Ban. Regis, Nat. br. 20. E. 23. A. & B.  

London.  But judgement before the Shrieves of London, shall be redressed before the Mayor and Aldèrmen in their Hustings, Nat. br. 22. H.  
And judgement before the Mayor and Shrieve shall be redressed by Commission directed to certain persons at Saint Martin's the Great, Nat. br. 23 E. 18 Edw. 3. 8.  
But by 34 Hen. 6. 42. pl. 14. the Mayor and Aldermen have forty days to advise of their Judgement, and then the Recorder certifies it forthwith.  

Note.  Note this manner is given by the 28 Edw. 3. cap. 10. scil. that the error shall be redressed within the City, and if they do not redress it, than there shall be a Commission, and if Error be found they shall forfeit to the party his treble damages, and to the King 1000 Marks, etc. but by the 1 Hen. 4. cap. 5. their Fine is at the discretion of the Commissioners. 
Cinque-ports.   
Judgement given in the Cinque-ports shall not be redressed in Com. ban. or Ban. regis, but only by the Warden of the 5 Ports, at the Court at Shepeware, & si falsum fuerit revocabitur, & Mayor & Jurati qui dederunt Judicium fecerunt fines, & Maior deponitur ab officio, 29 Eliz. Dyer 376. pl. 23.  
The Writ to the Cinque-ports shall be directed Custodi quinque portuum, vide 30 Hen. 6. 6. Pole.  
But 30 Henry 6. 6. the Barons of the five Ports are Judges there.  

Village.  A Custom in village or Town to hold all manner of pleas, error lies in Ban. Regis, 21 Edward the 3d. 40. 37 Assize, pl. 5. Nat. brev. 20 D. 2 Henry the 7th. 19 pl. 4. 18 Edward the 4th. 12. Mich. 10 Jacob. Ban. Regis Godsen versus Duffrild. 
Common right. marshalsea.   
Or in Com. ban. Nat. br. 20. D.  
Judgement in the marshalsea shall only be redressed in Ban. Regis, per 5 Edw. 3. cap. 2. 10 Edw. 3. cap. 3. Lib. intra. 297.  

Pypowder.  Judgement in Court of Pypowders shall be redressed in Ban. Regis, or Com. Ban. Nat. br. 20. D.  

Who shall have a Writ of Error.  

Parties.  He that confesses the Action shall not have a writ of Error against his confession, Nat. br. 21. K. 34. Hen. 6. 41.  

Conusor.  Conusor of a Statute shall have a writ of Error if execution be not well sued, 18 Edw. 3. 25.  
And although he were outlawed, (if he be pardoned) 29 Assize 47. Nat. br. 22. B.  

Corporation.  Corporation shall have a writ of Error, but no single person of them, 21 Edw. 4. 58. Townesend.  

disclaim.  He that disclayms shall not have it, Nat. br. 22. C. Coke 8. part 6. B. & 62. A.  

Non-tenure.  But if one plead Non-Tenure, and it be found against him, yet he shall have it, 6 Edw. 3. 188. pl. 17. Nat. br. 22. C.  
A. brought a Praecipe against B. which infeoffs C. judgement given for A. yet B. shall have Error, 21 Edw. 3. 53. 12. Assize 41. 20. of Assize, 2. 50 Assize 3. Coke 1. part 111 Albanies case.  
Judgement given against the Defendant in debt, and after because he paid not, nor rendered his body, etc. judgement was given upon a Scire facias against the bail, and they all join in a writ of Error, therefore not good, because one is not party to the judgement given against the other, Mich. 9 Jac. Regis, Wildegoose against Duport.  
Trespass against two where one was within age and appears by Attorney, and judgement Quod cap. they join in a writ of Error, because the judgement is entire, Hill. 9 Jac. Ban. Regis, Orme & Bird.  

Survivor.  Surviving joint-tenant shall have error of all, 19 Edw. 3. Error 1. 19▪ Assize, pl. 8.  

Outlawed  Two outlawed upon a Capias in Redisseisin with force, one shall have Error sole, 8 Hen. 4. 3.  

Conspiracy.  Judgement against two in conspiracy, one dies, the other shall have a writ of Error, 24 Edw. 3. 76. pl. 99 
Infant.   
Mich. 30, & 31 Eliz. ban. Regis, Pegot being an Infant, and another levyes a fine, P. sole brought error, and good, for this is error in deed, therefore it shall be brought by him it most concerns.  

Retraxit.  If one makes a Retraxit, yet he shall have Error, Coke 8. part 62. A. Beechers case.  

Reversion  The King shall have Error, 15 Ed. 3. Error. 72.  
He in Reversion disseises joint-tenants, and suffers an eroneous recovery, the wife releases with warranty and dies, this warranty is a bar to the writ of Error, because by his own Act he hath disabled himself to take benefit of the forfeiture, Coke 3. part 61. A. Lincoln college case.  

Heir.  A recovers a moiety of a Manor against B. which infeoffs C. B. and C. make partition, B. dies, his heir shall have a writ of Error, and by Newton. A. had issue a Son and a Daughter by one venture, and another Daughter by another venture, and dies, the Son enters, and dies, the youngest Daughter is found Heir in a Nuper obiit, they make partition, the eldest Daughter shall have a writ of Error, 19 Hen. 6. 25. A.  

Prey in Aid.  Prey in Aid shall have a writ of Error, Nat. br. 21. C. Coke 3. part 3. B. 4 Assize, pl. 7.  

Patron.  Patron after aid, Pryor shall have Error, 12 Hen. 8. 8. Pollard.  

Garnishee  Garnishee shall have a writ of Error, 21 Hen. 6. 35. B. Paston, 7 Hen. 6. 41. Coke 5. part 99 B. Hoes case.  
Garnishee in London upon an Attachment according to the Custom, shall have Error, 22 Edw. 4. 30, & 31.  

Tenant.  Tenant per Receipt shall have Error, Coke 3. part 3. 4 Assize 7. 20 Edw. 3. Error 2.  

Vouchee.  Vouchee shall have a writ of Error, 8 Hen. 4. 3. Nat. br. 21. C. 4. Assize 7. 17 Edw. 3. Error 90. Nat. br. 21. M. & 108. A.  
And the Tenant shall have another writ of Error, 8 Hen. 4. 3. & 21. Nat. br. 21. C.  
But if the Vouchees release before Error brought, the Tenant shall not have it, 17 Edw. 2. Recovery in value, 32.  

Heir general.  Heir general shall have a writ of Error, 20 Edw. 4. 13. Lib. intra. 296. A. sect. 1.  
And if the Ancestor be outlawed of Felony, he shall have it, Nat. br. 21. N.  
But not for High Treason, per 28 Eliz. cap. 2.  

Heir special.  The Heir special shall have it for the Lands to which he is heir, 3 Hen. 4. 19 Nat. br. 21. K. 9 Hen. 6. 47. 1 Mariae Dyer 90. pl. 5.  

Executor.  Executor shall have error upon judgement for debt or damages, Nat. br. 21 M.  
Although that he be Executor to the Bishop, Parson, or other sole Corporation, Nat. br. 22. A. Coke 4. part 65. A. Fulwoods' case, 8 Hen. 6. 25. A. Martin.  
And this upon the Statute of 29 Eliz. cap 8. Coke 6. part, fol. ult. Executor shall have error upon an Outlawry of the Testator, and restitution, 11 Hen. 4. 65. pl. 22. 5 Edw. 4. 7.  
Although that the Outlawry be for felony, Coke 5. part 111. A.  

Administrator.  Administrator shall have error in the same manner as Executor shall have, Nat. br. 21 M. 6 Edw. 6. Dyer 76. pl. 31.  

Successor.  Successor shall have Error for a thing which toucheth the succession, Nat. br. 22. A. 16 Edw. 3. Error 69. 8 Hen. 6. 25. A. Martin.  

King.  The King collates A. to a Chapel, against whom an Action is brought, A. resigns, the King collates B. Judgement is given pro querente, B. shall have Error, 15 Edw. 3. Error 7. 15 Assize 8.  

Bishop  But for Debt or Damages recovered against a Bishop, etc. or any secular sole Corporotion, the Successor shall not have Error, Nat. br. 22. A.  

Reversion.  He in Reversion after the Estate ended shall have Error at common Law, and not before, Coke 3. part 4. A. 21 Hen. 6. 29. Newton, 3 Hen. 4. 6. 32 Edw. 3. Error 73. 4 Hen. 8. Dyer 6. pl. 5. come. 24. B. Weston.  
And per 9 Rich. 2. cap. 3. he shall have it during the Estate for life, Coke 3. part 4. 22 Edw. 4. 31. A. Vavisor, 3 Hen. 4. 6. 12 Hen. 8. 9 A. Brudnell.  
And by equity he in remainder shall have it▪ Nat. br. 108. A. 1 Mariae, Dyer 90. pl. 5.  
But at common Law the Donor shall not have it altogether, come. 241. B.  
And yet he shall not have Error during the Estate tail, because he is not within the Statute, 9 Rich. 2. cap. 3. Coke 3. part 61. A. Lincoln college case, & 10. part 44. B. Portingtons' case.  
But after the Estate tail ended he shall have it, because the Law raises the reversion in the Donor, Coke 3. part 3. B.  
And although Tenant in tail suffered a Recovery, and released Errors, yet brings error and is barred, and dies without issue, yet the Donor or he in Remainder shall have Error, 3 Eliz. Dyer 188. pl. 9  

Estranger.  Note regularly no Stranger shall have Error, 22 Edw. 4. 31. per Brian.  

Conusor.  Conusor aliens, execution is sued erroneously, the Alienee shall have Error, Nat. br. 22. B. 4 Hen. 8. Dyer 1. pl. 5. 17 Assize, 24. 18 Edw. 3. 25. pl. 17. Crook. 6 Hen. 8. 169. A. Pollard.  

Tenant.  A. clayms wood in the Forest, and this allowed before two Justices of the Forest, B. & C. which clayms Estovers, brought a writ of Error in Ban. Regis, 21 Edward 3. 48. pl. 70.  
Tenant in Praecipe enfeoffs B. Judgement given pro quer. B. shall have Error for the mischief, 21 Edw. 3. 53. 21. Assize 41. 20. Assize 2. 50. Assize 3.  
But quaere 50 Assize 3. if Tenant in Praecipe aliens to B. which releases to the Feoffor for life, and judgement if B. shall have Error, per 9 Rich. 2. cap 3.  

King.  Where the King is party to the judgement there shall be Error against him, but not before Petition made to the King, Pasch. 12 Jac. Ban. Regis, Davies case, 23 Edw. 3. 12. pl. 14. 18 Hen. 6. 17. 22 Edw. 3. 3. pl. 25. 24 Edw. 35. pl. 43.   

The writ of Error.  
The writ aught to make mention of him which was summoned and severed, 9 Hen. 6. 38. 13.  
Covenant against A. as Assignee and Judgement given against him, he brought Error, the Writ needs not mention him as Assignee, because this Addition was not of substance, 19 Elizabethae, Dyer 356 pl. 41.   

The Process in Error, 1. upon Judgement in Ireland, 2. upon a bill sealed, 3. Judgement in another Court.  

Ireland.  Error brought upon a Judgement given in Ban. Regis▪ in Ireland, there shall be a Scire facias in the writ of Error; for by Shared this is the usage and in no other manner, 34 Assize, pl. 7.  

Bill sealed.  Error upon a bill sealed there shall be a Scire facias, against the Justices which sealed it add cognoscend. Sigilla, etc. per Westm. 2 cap. 31. Lib. intra. 293. C. sect. 1. 11 Henry 4. 92.  
But the Justices may deliver it in Court by their own hands, 11 Hen. 4. 52. 92.  

Process.  The Process in a writ of Error against the Judges, to whom the Writ is directed is Alias, Plures, and Attachment, Nat. br. 22. G.  

Errors assigned.  When the Record is removed after Errors assigned the Plaintiff shall have a Scire facias against the Defendant ad audiend. errores, Nat. br. 22 E. 10 Ed. 4. 13. 3 Eliz. Dyer 195. pl. 38. & 201. pl. 63. 17 Edw. 3. 5.  
And upon two Nihils, nec est inventus, the Court shall come to examination of the errors, 3 Eliz. 201. pl. 63.  
But until error assigned the party shall not have a Scire facias, 24 Edw. 3. 31. pl. 8.  
And if he assign that for error which the Court takes to be no error, he shall not have a Scire facias, 18 Hen. 6. 17.  
But in Error brought against the King, there shall be no Scire facias, because the King is always in Court, Nat. br. 21. H.  

Against whom a Scire facias in error shall be sued.  The Writ needs not mention the names of the Tertenants, because it is of common form used, 8 Hen. 4. 17. pl. 3.  
If the Shrieve return that the Heir is not in his Balywick, and the Tertenant shows that he is in another County, there shall go a 
Other County.  Scire facias into another County, 8 Hen. 4. 18. pl. 3.  
If a Recoveror makes a Feoffment, and dies without Heir, it seems there that a Scire facias lies against the Tertenant only, and a Writ 
Terretenant.  of Error, 8 Hen. 4. 17. pl. 3. 9 Hen. 6. 49. B. pl. 30. Quaere.  

Former Judgement.  But the 9 Hen. 6. 46. B. pl. 30. a Writ of Error lies against none but the party, or them that are privy to the former Judgement.  

Cardein in right.  Garden in right recovers in a Quare Impedit, and dies, the other brought error, and a Scire facias against the Heir of the Recoveror, and against the Heir of him from whose right he took his title, and against the Incumbent, without naming the executor, yet good, because he recovers as Garden in right, but the contrary as Garden in Deed, 8 Hen. 6. 35. pl. 1.  

False Judgement.  Error upon false Judgement in Oxford, the party being dead, there shall go a Scire facias as well against the Heir, as against the Tertenant, 8 Hen. 4. 18. pl. 3.  
A Scire facias needs not be sued against the Tertenant before the Judgement be reversed, 47 Edw. 3. 7.  
But before that he enter he shall have a Scire facias against the tertenant, for otherwise he shall be a Disseisor, 4 Hen. 7. 10. 47 Edw. 3. 7.  

Feoffment  But if the Recoveror make a Feoffment to his use, and then the judgement be reversed, there needs no Scire facias against the Feoffee, for this is Aided per 1 Rich. 3. 26 Hen. 8. 2.  

Scire facias in Felony.  Error upon an Outlary in Felony, the Plaintiff ought to have a Scire facias to all the Lords, mediate and immediate, 7 Hen. 7. 5. 11 Hen. 4. 53. 4 Edw. 4. 10.  
And also against the party and the Tertenants, Lib. intra. 308. B. sect. 3.  
And in a Writ of Error, if the Plaintiff 
Delay.  hasten not his suit, the Defendant shall have a Scire facias against the Plaintiff, to show cause why he should not have Execution, 24 Edw. 3. 24. 9 Hen. 6. 13.  
And such case two Nichils returned, the Defendant shall have execution, but after this the Plaintiff shall have a Scire facias, 9 Hen. 6. 13.   

Diminution in Error, 1. by whom, 2. in what cases, 3. at what time.  
1. The Plaintiff in Error may allege Diminution, Nat. br. 25. A.  
The Defendant may, 28 Hen. 6. 11. 15 Eliz. Dyer 321 pl. 21.  

Error in London.  2. Error upon a Judgement in London, the Recorder certifies it, yet he is held to do according to the custom, Quaere if Diminution shall be alleged, 34 Hen. 6. 42.  
When all the Record is not removed Diminution may be alleged, Nat. br. 25. A. vide the Writ there.  
Diminution alleged in  
1. Essoine, Lib. intra. 290. C. sect. 1. 1 Hen. 7. 2.  
2. Continuance of the Jury, Lib. intra. 290. D. sect. 2.  
3. Words in title in Assize, Lib. intra. 290. D. sect. 3.  
Diminution shall not be alleged upon a bill sealed, because the bill is not of Record, 11 Hen. 4. 52. Hull. & 65.  

Diminution.  3. After in nullo est erratum pleading in another Term, the Plaintiff may not allege Diminution, 28 Hen. 6. 11.  
But the Defendant may, 28 Hen. 6. 11.  
But per 7 Edw. 4. 25. Error 45. the Defendant may not.  
But Coke 5. part. 37. B. Bishop's case, after in nullo est erratum pleaded, no Diminution shall be alleged.  
The Plaintiff to the Writ before that he assign Errors, or a Scire facias ad audiend. errores, and by this means the Defendant may not afterwards allege Diminution, 16 Eliz. Dyer 330. pl. 18. vide 13 Hen. 4. Error 92.  

Note.  But note, that the Defendant after that he had rejoined, alleged Diminution, No. Lib. intra. 232. B.  
The Plaintiff may not allege Diminution for any Error in Deed after a Scire facias awarded, 22 Edw. 4. 45.   

The Assigment of Errors, 1. by whom, 2. at what time, 3. upon what Record, 4. of what things.  
Assigment of errors is in place of a Declaration, 9 Edw. 4. 32.  

Assign errors.  If one brings a Writ of error, and he and another assign errors, this is good, as to him that brought error, and void as to the other; but if two brought error, and one assign errors, this is not good to either, Mich. 9 Jac. In the Chequer chamber. Shakley versus Porter.  

Conusor.  Conusor of a Fine shall not assign error in the Conusance, neither the Conusee in the Grant, and Render, neither the Recoveror in the Recovery, Coke 5. part. 39 B.  

Executor.  Executor in error by him upon a Judgement given against him, shall not assign for error, that the debt was but upon a simple contract, Com. 182. A. 10 Hen. 6. 24.  

Party.  Party shall not show error in process, unless he shows that it is for his advantage, 7 Edw. 3. 25. Coke 8. part. 59 A. Nat. br. 21. F.  
But may afterwards show that the Judgement is erroneous, Coke 8. part. 59 A. Beechers case. 14 Eliz. Dyer 315. pl. 99  

R vertioner.  Revertioner not being made a party shall not assign for Error, that the Shrieve made a warrant to the Bailie to make a panel where the party was guildable, 3 Henery 4. 6.  

Successor.  The Successor shall assign for error, that his Predecessor was but named Garden, 15 Edw. 3. Error 7.  

Sci. fa.  Error shall be assigned before a Scire facias shall be awarded, 24 Edw. 3. 31. pl. 8.  
For after a Scire facias awarded the Plaintiff cannot assign error in deed, 22 Edw. 4. 45.  

Demurrer.  Judgement given upon a Demurrer in Law, and Writ to inquire of damages awarded, a Writ of error was brought, and he assigned errors, 17 Edw. 3. 5.  

Record.  If the Record, and the Writ of error do not agree, error cannot be assigned upon the Record, 9 Hen. 6. 4. 2 Eliz. Dyer 180. pl. 48. 28 Hen. 6. 11.  

New writ of Error.  If the Writ of error be faulty in substance, errors shall not be assigned, but shall have a new Writ, Qu●d coram nobis residet, 3 Hen. 6. 3. & 26. 5. Mariae. Dyer 164. pl. 58.  

False Judgement.  But if it▪ be false Judgement, than there must be a new Writ, to the Suitors, for it is not of Record, 3 Hen. 6. 26.  

Error without a day.  If error be put without a day, there shall be a new Writ before that error be assigned, 26 Hen. 6. Scire facias 33. Nat. br. 20. G.  

Bill sealed  Upon a Bill sealed a man shall assinge error, per Westm. 2. cap. 31. 11 Hen. 4. 52. 27 Hen. 8. 15. 25. Coke 9 part. 13. B. Dowmans' case. 9 Assiz. 8. 14 Hen. 4. 15. 4 Hen. 6. 15. A. Martin 33 Hen. 6. 34. Littleton pl. 9 7 Hen. 6. 37. 10 Hen. 7. 8.  
And if the bill is refused to be sealed, the party shall have a writ to compel them to seal it, Regist. orig. 182. A. & B.  
But by Hill Justice it is intended of a thing pleaded; for otherwise it shall not be sealed.  

Challenge.  Challenge in Assize was put in a bill sealed, and good, 9 Assize 8. 21 Edw. 4. 11. 20 Edw. 3. 63. Lib. intra. 346. C. 27 Hen 8. 24. 25.  

Privilege.  Privilege claimed, and not allowed there may be a bill sealed, 22 Edw. 4. Privilege. 1.  

Conusanee.  Conusance claimed if the plea be challenged by one that is not party, there cannot be a bill sealed, 20 Edw. 3. Conusance 46.  

Patent.  A Patent to three to take an Assize, where two take it, there may be a bill sealed, and Error upon it, 29 Assize, 42.  

Bill sealed  11 Hen. 92. Assize, the Tenant shows that the Shrieve was beyond sea, and had a bill sealed of it.  
1. Although the bill did bear date after the Record removed, yet it is good.  
2. Although the party did not bring it within the bill, but the Justices, yet good.  
3. The party shall have a Writ to the Justices commanding them to seal it.  
4. A Writ to the Justices ad cognoscenda sigilla.  
5. Two Justices seal it, yet one may deliver it.  
6. The party brought a Scire facias ad cognoscend. sigilla, before the Justices come in Court, yet good, for after that they come the bill was of Record ab initio.  

Transcript  Upon a transcript of the note of a Fine error shall be assigned, and if Error appears, they shall send the note and reverse it, 21 Ed. 3. 24. 16 Edw. 3. Record 35. 40 Assize, pl. 29.  
For otherwise per chance the Fine may not be engrossed, 1 Mariae, Dyer 89. pl. 4. Lib. intra. 296. A. Sect. 1. Fines, Nat. br. 20. B.  
But note, 5 Mariae, Dyer▪ Record 79. the Record shall be certified, and no other proclamation shall be made.  
But 1 Mariae, Dyer 89. pl. 4. e contra.  
Upon transcript in Parliament error is assigned, for the chief Justice brought the Record, and reported it in ban. Regis, 8 Hen. 5. Error 88 28 Eliz. Dyer 375. pl. 19 22 Edw. 3. 3. pl. 25.  
But in another Court it is otherwise, 40 Assize 29. Nat. b. 20. F.  

Privilege.  Upon award by the Justices upon return, upon a Writ of Privilege, no writ of error lies, Coke 8 part. 127. B. case of the city of London.  

Claim.  Upon allowance of claim by the Justices of the Forest, 21 Edw. 3. 48. pl. 70.  

Record removed.  Judgement in annuity, and after in a Scire facias, Error brought upon the former Judgement, the Record shall be removed, 11 Hen. 4. 4.  

Proclamations.  Error upon a Fine, and proclamations, the proclamations shall be certified, Com. 265. A. Fishes case.  

Award.  Error shall not be awarded until the final Judgement be given, Coke 11. part. 40. A. Metcalves case. 7 Rich. 2. Error 68  
Unless the Award be ad grave dampnum, Coke 11. part 41. A. Metcalves case.  
As in Debt against many by several precipes, and judgement against one, he shall have error, and the plead shall be several from the original, and if error be in the original, tenore tantum shall be certified, Coke 11. part. 41. A.  

Account.  Judgement in an Account, quod computet, error lies not until the final Judgement, Coke 11. part. 38. B. 21 Edw. 3. 9 1. Hen. 7. 2. B.  

Trespass.  When an action of Trespass is in part determined, error lies not until it be determined all, 32 Hen. 6. 5. pl. 5. 36 Hen. 6. Coke 11. part 39 B.  

Form●don.  So in Afformedon, 12 Eliz. Dyer 291. pl. 67. Coke 11. part 39 B.  

Trespass.  So in Trespass against two, 34 Hen. 6. 41. pl. 9  

Quare impedit. Partition.  So in a Quare impedit, 34. Hen. 6. 41.  
So in Partition, Mich. 40, & 41 Eliz. Com. Ban. Countess of Warwick against Henry Lord Barkley.  

Day.  If error be brought before the fourth day in Com. Ban. yet it is good, because of Record at the Commencement, 34 Hen. 6.  
Assize of Darrein presentment, a writ awarded to the Bishop, and the Assize is for damages, error brought and allowed, 17 Edw. 3. 5. pl. 12.  

Record.  Error upon a Judgement in a Scire facias upon a Fine, and no Record removed, but the proceedings, upon the former judgement, and yet good, 20 Edw. Error 2.  

Praecipe quod reddat.  Praecipe quod reddat, error brought, the Original nor the judicial writ, nor the essoign shall be removed, 2 Edw. 3. Error 2. Thorp 37. Assize 5.  
Unless Error be assigned in the Original, 24 Edw. 3. 24.  

Transcript  And then the Transcript only shall be removed, 34 Assize 7. 36 Hen. 6. 13.  

Statute Merchant  Error upon an execution upon a Statute. Merchant, error in process, the Original shall be removed, 18 Edwrad the 3. d 24.  

Ancient Demean.  And if it be of ancient Demean the Origishall be removed, 34 Assize 7.  

Ireland.  But Error upon a judgement in Ireland, the Original shall not be removed, 74 Assize 7. 37 Assize 15. Finchden.  

Fine & Recovery.  Eror lies not upon a Fine or Common recovery for false Latin, rasure, interlyning, misentry of the warrant of Attorney, proclamation mis-returned, or not return of the Shrieve, or default of form in words, 23 Eliz. cap. 3.  
And by the 27 Eliz. cap. 9 this extends to Fines in Wales and Recoveries.  
But before the King's Silver be entered it is Error, No. Lib. intra. 231. A. sect. 2.  
A Writ of Covenant returned before the Teste, this shall be amended, Coke 5. part 45. B. Gauges case  
The Caption before the Teste of the Dedimus, no error, No. Lib. intra. 255. C. sect. 11.  
Pasc. 1. Jacobi Regis, Rot. 426. Countess of Bedford against Foster, 1. Error assigned, because the Writ of Covenant was of 8 Messages, and 2 Tofts, the Fine certified is of 8 Messages, 2 Messages but non allocatur, because the Record hath relation to the Writ of Covenant, 2. Error assigned, because the endorsement was Executio istius brevis patet in quadam panella, etc. where it should be in quadam scedula, sed non allocatur, because in substance it is the same.  
Mich. 30 Eliz. Ban. Regis, Austein & Steed versus Conaway & Webbe, a Fine was levied of two Tenements, and void, because a praecipe lies not of it, this case is entered, Hill. 30 Eliz. Rot. 165.  

Infancy.  Infancy good Error in a Fine, Nat. br. 21. D. 3 Hen. 6. 16. B. 2 Rich. 3. 1. 17 Edw. 3. 53. pl. 33. 27 Assize, pl. 53.  
But if he come to full age it is not, for than he is not in the same condition as he was when he levied the Fine, 17 Edw. 3. 53. pl. 33. Green 17. Assize pl. 17.  
And although the other eject the protection, yet if the Infant be inspected when he comes to full age, he shall have the benefit of his nonage, 22 Edw. 3. 6. pl. 24. 21 Assize, pl. 10.  

Feme Covert.  Feme Covert as Feme sole levyes a Fine, this shall bind all but the Husband, Coke 7. part 8. Bedford's case, 17 Edw. 3. 52. & 78. 7 Hen. 4. 23.  

Husband.  But if the Husband enters and dies the Fine is void without more, Coke 7. part 8. Bedford's case, 7 Hen. 4. 2. 23.  
But if living the former Husband, and she take a second, and they levy a Fine, this is utterly void, because the second marriage is so, 7 Hen. 4. 24. B. Gascoign, 9 Hen. 6. 34. B. pl 3.  

Note.  Note when a thing is a mendible before the Writ of Error brought, it is amendible as well after, and this by a Superior Court, as well as an Inferior, Coke 8. part 162. A. Blackamoors case▪  

Note.  Note that those things that are not amendible are Errors at this day.  
When Judgement is given, but not upon verdict of 12. upon Issue joined there are seven Errors not amendible, Coke 8. part 162. A. Blackamoors case.  

1 Original.  Fault of the Original, No. Lib. intra. 246. D.  

2 Form.  Misprision of the form of the Original, false Latin, or variance from the Register.  

3 Count.  Material variance between the Original and the Count, as C. W. in the Writ, and W. W. in the Count, Coke 5. part 37. Bishop's case.  

4 Pleading.  Jeofayl, fault of Colour, insufficient pleading, or some default of the person, or of his Counsel.  
Error, or misprision of the Judges in another Term, Misericordia pro Capiatur, & è contra, Coke 8. part 59 A. 41 Eliz. Dyer 315. pl. 99  

6 Warrant. 7 Appeal.  Fault of warrant of Attorney.  
Error in pleas of the Crown and Appeals, or in proceedings upon them, they are not amendable, for they are excepted, out of the Statute of Amendments, and also Error in the Exigent to make one to be outlawed, Coke 8. part 162. A. Blackamoors case.  

What things are amendable after verdict. ● Material variance.  When judgement is given upon verdict of twelve, upon issue joined there are twelve misprisions not to be remedied, Coke 8. part 163. Blackamoors case.  
Material variance between the Original and the Count, Coke 5. part 37 Bishops case.  
The Original is Barbara, and the Count is Barbaria, this is erroneous, Mich. 9 Jac. Ban. Regis, Harrison & Fettiplace.  
Waste brought in Burrum Appleby, and Flackebridge, and the Account is of waste made in Burrum Appleby & Flackbridge Park in Langton, and it is variance, because there is more in the Count, then in the Writ, Hill. 12 Jac. Com. ban. Countess of Cumberlands case.  
When the Original of the Count differs in the substance, Coke 5. part 45.  
Husband and Wife brought debt, or an Action for rent due to them where it was due to the Wife before Coverture, this is aided by the Statute, and good after Verdict, Trin. 9 Jac. Ban. Regis, Poor versus Boule.  
Hill. 36 Eliz. Ban. Regis, Rot. 610. Griffin versus eliot.  
Ejectione firmae, fault (vi & armis) yet this is but a form, and shall not stay judgement after Verdict, and then it was also said, that these words are not material, for it may be without them, 7 Hen. 6. 4. 17 Edward 3. 1.  

3 Misprion of the Visne.  When the Venue is mistaken.  
The issue was that within the Manor of Wargrave, and it was of the manor of Wafield, demiseable by Copy of Court Roll, etc. the Venue was of the Manor of Wargrave, and good, because the issue was upon the Custom within the Manor of Wargrave, Coke 11. part 18. A. Nevil's case, but if one Manor was in one County and another in another, than otherways, Mich. 11. Ia●. Ban. Regis in the same case.  
1. Trin. 11 jac. Ban. Regis, Morton versus Orde resolved in Error 1.  
Infancy during Nonage shall be tried by the Justices, Coke 9 part 30. 17 Edw. 2. Account 122. 46 Ed. 3. 8. 48 Edw. 3. 11. 14 Hen. 4.  
2. If it be doubtful to the Justices, the Infant and the Witnesses shall be examined, 25 Edw. 3. 42. 50 Edw. 3. 5.  
3. If he be of full age in Actions reals it shall be tried where the Land lies, 21 Edw. 3. 28. 38 Edw. 3. 17. 44 Assize, 10. 46 Edward 3. 7. 13 Hen. 4. 3. 19 Hen. 6. 51.  
4. If it be an Action personal as Ejectione firmae, it shall be tried where the Action is brought, 21 Edw 3. 7. 3 Hen. 6. 40. 34 Hen. 6. 50. and so it was adjudged.  

4 Shreives Return.  When the Return is by the Shrieve, where it ought to be by the Commoners, or e converso.  

5 Jury.  When the Shrieve puts not his name to the Return of the Jury.  

6 Venire facias.  When there is no return endorsed upon the Venire facias, so if the name of the Shrieve be not put to the Writ of Inquiry, Damages, Mich. 9 Jac. in the Chequer Chamber, Shackly versus Porter.  

7 Verdict.  When one gives the Verdict that was not returned in the Venire facias.  

8 Action.  When it appears by all the Record, that the Plaintiff had no cause of Action.  

9 Crown.  In Appeal, or Pleas of the Crown, or in any proceedings upon them.  
Or to the Writ, Bill, or Action, Informations, upon popular or penal Statutes.  

10 Law. judgement.  Error in Law by misprision of the Judges in the judgement entered in another term, Coke 5. part 57 B. Specots' case.  
Action upon the case in Cur. Wallingford, the judgement was, quoth deft. capiatur, this is error being but an Action upon the 
Concessum est pro 〈◊〉 eratum est.  case, Trin. 9 jac. Ban. Regis, Northcot versus Heywood,  
Concessum est, where it should be Consideratum est, this is error although there are 21 Precedents in my Lord Cooks Reports, for by Man Secondary the Books are false printed, Mich. 18 jac. Ban. Regis, Rot. 641. and by Williams, if it be videbitur Curiae, this is erroneous.  
If it be Capiatur against the Defendant in Ejectione firmae, Mich. 8 jac. Ban. Regis, Rot. 232. Dolby versus Holbrook.  

Jurisdiction of Court.  It is ordained per 27 Eliz. cap. 8. that if Error be brought in the Chequer upon a judgement in Ban. Regis, they shall not assign in the Jurisdiction of the Court, or in form of the Writ, Return, Plaint, Bill, Declaration, Pleading, Process, Verdict▪ or Proceedings.  
And also there is a Proviso if it be in debt, detinue, account, covenant, ejectione firmae, traverse, action upon the Case.  

In process.  The party cannot show Error in Process in delay, unless he show that it is for his disadvantage, 7 Edw. 3. 25. Coke 8. part 59 A. Beechers case.  

judge.  Nothing that is contrary to the Office of a Judge shall be assigned for Error, Nat. br. 21. B. 7 Hen. 7. 4.  
Granting of Aid where it shall not be is not Error, so of Receipt, 7 Edw. 4. 12. 21 Edw. 4. 65. B. 5 Hen. 7. 8. 8 Hen. 7. 9 11. 14 Hen. 6. 5. pl. pl. 25.  
So of Garnishment, 14 Edw. 4. 1. pl. 3.  
So of making Attorney, Nat. br. 22. D. 21 Edw. 4. 77.  

Visne.  But denial of Aid or Receipt where it ought to be is error, Edw. 4. 65. B. 5 Hen. 7. 8. 8 Hen. 7. 9  

Visne.  When the Visne is mistaken.  

In Replevin.  Replevin, the Defendant prescribes to have all the Pasture of such a place in in W. except Common for the Inhabitants of D. and the prescription being traversed, the Jury was of the Visne of W. only, and this was a good rule in Error, because the exception to the Inhabitants of D. was void, therefore this was not in issue, Trin. 11 jac. Ban. Regis, Wicker versus Stockeman.  

In waste.  Waste brought, the Issue was for certain Oaks cut for repairing of the Castle of Burrum the Visne was of the Village of Burrum, where it should have been of the Castle of Burrum, this is Error, Hill. 12. jac. Com. ban. the Countess of Cumberlands case.  

Trover & Conversion.  Trover and Conversion brought in Coventry, upon not guilty pleaded the Visne was De Vicineto Civitatis Coventriae, and this showed in arrest of Judgement, sed non allocatur, and Error upon it brought, and it seems that by Williams and Yeluerton Justices, that it is Error, for it shall be of Coventry, for Vicinetum is of the Neighbours, and excludes the City, and the Shrieve of the County ought to make it out, 7 Hen. 6. 36. B. 4. Edward 4. 39 7 Henry 4. 12. 80. Enquest. 36. quaere tamen, for the Court did advise about bringing a new Action, Pasc. 9 jac. Ban. Regis, Procter versus Clyfton.  

Trespass.  Trespass for lopping of Wood in Hurslay, the Defendant pleads that the place is parcel of the Manor of Mamden in the Parish of Hurslay, and the Custom is, that the Copyholder may cut, etc. and found for the Plaintiff, and the Visne was of Hurslay, and it was moved that it was not good, for the Parish is not certain, because it may comprehend more Villages, but it was good per Curiam, because Hursley shall be taken to be a Village and Parish, and shall not be intended, that there are more Villages in one Parish, 5 Edw. 3. 20. Mich. 9 jac. Ban. Regis, Brock versus Spencer. 
Condition to pay money.   
Hill. 9 Jac. Ban. Regis, Savil & Cavendish Condition to pay money in the Church Porch of the Parish of H. and pleads performance, the Visne was of H. and yet good, for as it seems the Village and Parish shall be intended all one, and the Parish shall not be intended to comprehend more Villages.  

Obligatition.  Debt upon an Obligation, and shows the breaking of the Condition, because a stranger recovered the Land at Westminster upon a good Title, where the Land lies in Com. Berks, the Defendant said that it was by Covyn, without this, that it was a good Title, the Plaintiff said that it was upon a good title, the Visne shall be of the County of Berks where the issue is joined upon the good, Title, and where the Land lies: but contrary if the issue be joined upon the County, but it was said, if it were a personal Action it shall be where the Recovery is alleged, Mich. 9 jac. Ban. Regis, Hausaker versus Kirby.  

Eejectment.  Ejectione firmae of Land in S. & T. the Defendant pleads Feoffment of the Land by Deed at S. the Plaintiff said non feoffavit, etc. the Visne was of S. and T. and good, and the alleging of the feoffment at S. is idle, for it cannot be but upon the Land, Mich. 9 jac. Ban. Regis.  

Debt.  Debt for 20 l. Defendant pleads that at another time, the Plaintiff sued him in London in such a Parish and shows the Record certain, etc. and that he had exectution in another Parish, etc. the Plaintiff said that it was in debt for another 20 l. for the which execution was awarded absque hoc that the plaint and the execution was for the same 20 l. yet the Visne shall be in both parishes, because the issue is as well of the execution as of the plaint, 5. Edw. 4. 110.  
A. vouches B. which vouches C. and after issue tried the former Voucher dies, this shall not be pleaded in arrest of Judgement, but it is Error, 21 Hen. 7. 80. pl. 1. Crook, but if A. die he shall abate the suit in facto ibidem.  
In detinue against A. he prays garnishment against B. which comes and pleads, and are at issue, A. dies, the suit abates, ibidem.   

Bar in Error.  

Feoffment.  No bar to say the former Writ depending, that the Plaintiff did infeoff another, for he remains Tenant notwithstanding, 21 Edw. 3. 53. 20 Assize 2. 12 Assize 41. Coke 1. part 111. Albanyes case.  

In nullo est erratum.  In nullo est erratum, a good Bar, 28 Hen. 6. 10. 9 Edw. 4. 32. 15 Eliz. Dyer 321. pl. 21.  
But note upon Error in Deed this is no plea, 7 Edw. 4. 16. 9 Edw. 4. 32. 3 Edw. 6. Dyer 65. 2 Mariae, Dyer 104. pl. 10. Lib. intra 288. D. sect. 1. 289. D. sect. 1. No. Lib. intra. 233 B. 
Release.   
Release of Errors a good Bar, 20 Edw. 3. Error 2. Littleton 116. B. Coke 8. part 152. Althams' case, 6 Hen. 4. 8. pl. 36. 5 Edw. 4. 96. B.  
But a Release of Actions reals and personals it is no Bar in error of an Outlawry, Coke 8. part 152. Littleton 116. B.  
If the Defendant be outlawed in Redisseisin a release of all demands is no bar, because the Original and the Judgement are the process of the Outlawry, 11 Hen. 4. 6.  
The Release of the Vouchees shall bar the Tenant, 17 Edw. 2. Error 90. for the Tenant recovers in value.  
Release of Errors by Tenant in tail, no bar to the issue, although it be tried against the Tenant in tail, 3 Elizabethae, Dyer 188. pl. 9  
But if he in reversion in tail disseises Tenant in Dower, and suffers an erroneous Recovery, and Tenant in Dower releases with warranty and dies, this is a good Bar, Coke 3. part 60. 61. Lincoln College case.  
A Release of one bars another, when two are to recover a personal thing, but when they are to discharge themselves it is otherways, Coke 6. part 25. Ruddocks case.  

Seizure.  The King brought Error, it is no plea, that his Ministers have seized the Land, unless the King agree to it, 39 Assize, pl. 18.   

The Judgement in Error, 1. for the Plaintiff, 2. for the Defendant, 3. for both.  
In Error two things are to be done, 1. To reverse the Judgement, 2. That the party be restored to all that he lost, 9 Henry 6. 47. B. Martin, Coke 5. part 39 B. Tayes case.  

Assize.  The judgement was that the Plaintiff should not be restored to the Land, with the mean profits, 11 Henry the 4th. 93 pl. 49.  
And 8 Hen. 6. 2. A. Rolfe, that he shall recover the Land and the Issues.  

Information upon intrusion.  The Judgement was, Quod judicium revertetur & adnulletur & quod Defendant de intrasione, intrusione, transgressione, & contemptu, convincatur & a possesione amoveatur & capiatur, etc. quodque recordum mittatur in Scaccarium pro executione habenda, etc. Coke 1. part 40. A. Altonwoods' case. 
Quare▪ impedit.   
In Quare impedit, that the former judgement should be void, and the Plaintiff restored to all that he lost, 18 & 19 Eliz. Dyer 353. pl. 30.  
Garden recovers in a Quare impedit in right of the Ward, the other at full age of the Ward brought Error, and a Scire facias against the Ward, the Ward entitles himself by his ancient right and found for him. 1. The judgement shall be reversed against the Garden, and yet the other shall not be restored, because he is barred by the plea of the Ward, 9 Hen. 6. 47. B. Newton.  

Redisseisin.  The Judgement was, that the judgement shall be reversed, and that the Plaintiff be restored to the Land, and to the issues in the mean time, 9 Henry the 4th. 6. pl. 19  

Utlawry.  The Judgement was upon an Utlawry in felony, that the Utlawry should be reversed and he restored at the Common law to all that he had lost by this cause, 11 Hen. 4. 53▪ pl. 32. 7 Hen. 4. 40. B.  
And that he should be restored at the Common-law to that he had lost, 3 Eliz Dyer 196. pl. 39  
Error by Executors of the Testators being utlawed, was that the utlawry be reversed, and that they shall be restored to the Goods of their Testator, seized by reason of it, 11 Hen. 4. 65. pl. 22.  
It shall be Quod judicium reditum staret in omni robore per Coke Chief Justice, Pasc. 12. jac. Ban. Regis, Sir john Heydons case, and yet 21 Edw. 4. 44. A. was quod judicium reditum remanebit stabile in perpetuum.  
Et ulterius concessum est quod praedictus A. recuperet versus praefat. B. 10▪ l. eidem A. per Curiam Domini Regis hic adjudicat. juxta formam Statuti inde nuper edit. etc. promises & costagiis & dampnis suis quae sustinuit occasione dilatationis executionis praedict. praetextu prosecutionis dicti brevis dom. Domini Regis de errore, etc. No. Lib. intra. 244. B. sect. 8. and 292. B.  
Statute 3 Hen. 7. cap. 10. if Error be sued before Execution, and afterwards be discontinued by default of the party, or he be nonsuited or judgement affirmed, the other recovers his costs and damages by the discretition of the Judges, before that the Writ of Error be sued.  
An Infant and another levye a Fine, this may be reversed as to the Infant, but it shall be good against the other, Coke 1. part 76. B. Bredons' case, No. Lib. intra. 255. C. sect. 11.  
But if the Husband and Wife levye a Fine of the Land of the Wife, and reverse it for Error, they shall be restored forthwith, because the Husband is joined but for conformity, Coke 2. part 77. B. Cromwel's case.  
Execution reversed, the judgement is yet good, Coke 5. part 32. Pettifers' case.  
Fine reversed for the Proclamations only, and yet remain good, for the other is but a Discontinuance, 4 Eliz. Dyer 216. pl. 54.   

Execution in Error.  
Lib. intra. 307. C. sect. 1.  
FINIS.