coke a BULWERS case mich Elizabeth see British south Africa company v  Companhia de Mocambique ac b bring a action on the case in the county of n for  malicious cause he to be outlaw in London upon process sue out of a court at  Westminster and cause he to be imprison in n upon a capias utlagatum direct to  the sheriff of that county but issue at Westminster and upon demurrer it be  adjudge that the action be well bring in the county of n in all case where the  action be find on two thing do in several county and both be material or  traversable and the one without the other do not maintain the action the  plaintiff may bring his action in which county he will SC Leon Bulwer of  Dalling in Norfolk bring a action on his case against George smith and declare  that one Henry Heydon Esq do recover c in the common plea against the  plaintiff and after judgement and before execution the say Henry Heydon die  and afterward the say defendant know thereof at W in the county of Norfolk to  outlaw the plaintiff upon the say judgement in the name of Henry Heydon wicked  et deceptive a contrivance be in performance of which the defendant Trin  Elizabeth at Westminster in Middlesex purchase a writ of capias ad to give  satisfaction in the name of the say Henry upon the say judgement direct to the  sheriff of London who by the procurement of the defendant return non be  invention whereupon the defendant purchase a writ of exigent in the name of  the say Henry which writ the say sheriff by the procurement of the say  defendant return that at several husting the say now plaintiff have be demand  et ad Hustingum ad common feature plea tent in GuildhalI community prd die  moon prox post holiday apostol simonis et jud year say in addition to prd the  now plaintiff quint drive out to be c et therefore ipse the plaintiff  utlagalus to be and afterward pasch Elizabeth the defendant purchase out of  the say common plea a writ of capias utlagatum in the name of the say Henry  direct to the sheriff of Norfolk to arrest his body c which writ do mention  that the say now plaintiff be outlaw die moon neighbor ante holiday apostolor  simonis et jud c and the say writ the defendant at W aforesaid in the say  county of Norfolk do deliver to one Robert Godfrey then deputy to the sheriff  of the say county to the intent that he shall execute the say writ the which  Robert by force of the say writ take and arrest the say now plaintiff and do  imprison he by the space of two month until the now plaintiff purchase his  charter of pardon by reason of which outlawry he forfeit all his good and  chattel and upon this declaration the defendant do demurrer in law and the  principal cause of the demurrer be because this action by the pretence of the  defendant coke b ought to have be bring in Middlesex where the wrong begin for  there as it be say the defendant take out as well the cap ad satisfac asthe  exigent and the cap utlagalum also and although the cap utlagal be execute in  Norfolk yet the action ought to be bring where the wrong begin as in the case  of conspiracy in e a and diverse other case also be put also by the outlawry  which be in London all his good and chattel be forfeit where it be more reason  to bring the action than in Norfolk but it be answer and resolve that the a Cr  Elizabeth dyer pl Cr car die pl a action be well bring in Norfolk for it coke  report a er p be a maxim in law quod there always debet become triatio where  jurator good to be able to have notice and in Norfolk be the visible wrong for  there the plaintiff be imprison for the space of two month and therefore it be  great reason that the plaintiff may have his action there and it do not appear  by the record what good or chattel the plaintiff have at the time of the  outlawry but for the aggravate of the damage the plaintiff may give in  evidence what good and chattel he have forfeit by the outlawry and this action  do consist upon two principal part the one matter of record and the other  matter in fact and none of the matter of record but be mix with matter of fact  and no matter of fact but be mix with matter of record for the writ and the  outlawry be matter of record but mix with matter in fact know purchase and  prosecution of they by the defendant in the name of Henry Heydon which be  matter in fact also the imprisonment be a matter in fact but it be mix with  the writ of cap outlaw which be of record know if the plaintiff be arrest by  virtue thereof and matter in fact be triable only by the country and not  matter of record and when one matter in one county be depend upon the matter  in the other county there the plaintiff may b side Mod Rep winch latch Brownl  Cr James Nov Holb dyer pl Cr Elizabeth blow b choose in which county he will  bring his action unless the defendant upon the general issue plead shall be  prejudice in his trial as he will not be in this case as if two c Leon roll  Rep Stamf cor d c conspire to indict a man in one county andthey by their  malicious prosecution make the execution of their conspiracy in another county  and there cause the party to be indict the plaintiff may have his action of  conspiracy in which county he will for they put their conspiracy in one county  in execution in the other and the matter of record of the indictment be mix  with the matter of fact but if they conspire in one county by force of which  conspiracy without any other act by they he be indict in another county there  the writ ought to be bring in the county where the conspiracy be for the  defendant have do nothing in the county where the indictment be nor be party  nor privy to the find of the indictment but only by the conspiracy in the  other county and that appear in e b and so e book in d Fitzherbert conspiracy  Br conspire d e a e Br lieu e h a b f n b f f n b h m f b and other book be  well reconcile if a g Br lieu Br be g menace be make in Essex by which my  tenant depart in London I shall have my action in Essex and not coke a in  London for in such case I have do nothing in London h b in all case where the  action be find upon two a dyer pl vent sand a thing do in several county and  both be material or traversable and the one without the other do not maintain  the action there the plaintiff may choose to bring his action in which of the  county he will a Acc Gregson v heather strange Scott v breast TR mayor of  London v coal TR in Gybbins case cro Elizabeth the court hold that in a action  on stat I and p and m c for drive a distress out of the place where take into  another county the venire facias ought to have be from both county for the  tort consist of two part Bulwers case which have be decide year before seem to  have escape the notice of the court however in the recent case of pope v Davis  taunt the court decide that the venue may be lie in either county Vid also  king v Burdett b and a Com dig action n city on plead that ed a as it be if a  servant be b Fitzherbert labour Statham laborer b lieu ill die pl pl Plowd b  Leon e b Br lieu b retain in one county and depart in another and therewith  agree e b h a h b e h h dyer e c so if a man be arrest in execution coke  report b er p in one county and be c Leon Cr Elizabeth roll die pl pl Br lieu  c escape into another county the plaintiff may choose to bring his action in  which of the county he will and therewith agree e a b h a b Elizabeth die so  in a writ of d blow e a d annuity find on a prescription against a man of  religion or body corporate where the church or house be in one county and the  seize be allege in another county the plaintiff may choose in which county he  will bring his action e a b h h b h a b h b e b e a c f n b e otherwise if the  annuity be grant in one county to be pay in another the action lie where the  grant be and so be Br lieu h b so if a man cite one in one county to appear  before e hob e the admiral in another county for a thing do in the body of the  county by force of which the party appear he may have his action in the one  county or the other at his pleasure man dyer b e a e b a e b h a h b e a b the  same law of the spiritual court so if the defendant cast a protection in one  county and remain in another county he may bring his action in which of the  county he please h a b so if a man strike a person in one county f dyer pl f  and he die in another county the appeal of murder may be bring in the one or  the other county and yet the defendant do nothing in the county where the  party die but the g   b g death which ensue on the stroke make the felony e h  ass pl Edward h Br appeal Br visn h h a h h h if a man commit I dyer pl pl  kelw b I a robbery in one county and carry the good into diverse county the  party rob may have a appeal of felony in which of the county he will but not a  king dyer pl Stanf g winch latch see Rep Q a c Forres salk h PC king appeal b  appeal of murder treason felony or other offence be abolish by stat Geo c b of  robbery but only in the county where the robbery be do for it be felony in all  the county where the good be carry for felony do not divest property but it be  not robbery which ought to be do to the person of a man but only in the county  where the robbery be do h b h dyer h e title ass in debt if a man declare on a  lease l Cr car dyer pl Cr James Cr Elizabeth e a Br lieu e b l for year in one  county of land in another county he ought to bring his action where the lease  be make and not where the land lie for the action be ground upon the contract  make by the lease c he may bring his action in either county gawen v Hussee  and Gibbes dyer a king v Fraser east in a action upon a lease for nonpayment  of rend or other breach of covenant when the action be find on privity of  contract it be transitory and the venue may be lie in any county but when the  action be find in the privity of estate it be local and the venue must be lie  in the county where the estate lie vide serjeant williams note and to Thursby  v plant sand c h send for per cur h Acc vide h e h dyer so the law well  explain in a case in which be coke b variety of opinion in our book but if a  lease be make in one county and the land lie in another the action of a die pl  Mod sand Jon a waste shall be bring where the land lie and not where the lease  be make although the term be pass for the land and damage or damage only for  the waste which be local shall be recover e send for if a coke report a er p  man promise to b die pl hob cro b cure one in one county and misdoes in  another county the plaintiff have his election to bring his action in which of  the county he will and therewith agree r action sur Le case if a man do not  repair a wall in Essex which he ought to repair whereby my land in Middlesex  be drown I may bring my action in Essex for there be the fault as it be  adjudge in h or f may turing in Middlesex for there I have the damage as it be  prove by r action sur Le case so if one forge a c die pl pl c deed in one  county and proclaim it in another the plaintiff may choose in which county he  will bring his action h H 6 5a b but when the defendant upon plead not guilty  shall be prejudice in his trial there the plaintiff have not election to bring  his action in which county he will d dyer pl pl b and a d h dyer where Gavin  sue a appeal of robbery in the county of wilts where the robbery be do against  Hussey and Gibbs as accessary and declare that the principal name in the writ  and who be attaint do the robbery in the county of wilts and that the  defendant felonious at London before the robbery do do abet they to do it and  it be adjudge that although the plaintiff can have but e   b jenk cent b jenk  cent e one appeal against the principal and accessary and against the  principal of necessity it ought to be bring in the county of wilts yet because  those of the county of wilts upon not guilty plead and London can join and  those in wilts can inquire of a thing in London although it be transitory for  in case of felony which concern the life of a man every act shall be try in  the proper county where the act be in truth do the appeal against the say  accessary do abate e and it be to be observe that in all real action if any  issue rise on the land or in any action in which the possession of the land or  f dyer pl hob winch latch Cr car f n f king a note f local thiD or which rise  on the land b reason thereof be to be recover all these shall be bring in the  county where the land lie as in a writ of right of ware of land or writ of  intrusion of ware these shall be bring in the county where the land lie  although the refusal be or the signiory be in another county e h b r Bre Acc  so in a writ of right of ware for the body only it shall be bring in the  county where the land be for that be in the right and savour of the land e e e  e ace and the reason of e a agree with it although the judgement there be  mention to be give contrary but a writ of ravishment of ware shall be bring  where the ravishment be and not where the land be or where the body be carry  for it coke a be find on the ravishment h b r brey and e die and a writ of  forfeiture of marriage shall be bring where the land be for the writ do  suppose a intrusion into the land and therewith agree the say book in r and h  a and a writ de valour a Br lieu a maritagii shall be bring where the land be  for the lord need not make any b   a b b tender but if he make a tender and  the other refuse and he allege it in the county then the writ de valour  maritagii lie in the county where the refusal be r brey h a writ of who imp  and queen incumbravit c f n b c c shall be always bring where the church be  for by the one the plaintiff shall recover his presentment and by the other  the bishop clerk shall be remove and the plaintiff clerk admit h and accord  vide Edward otherwise it be in the king case but a queen d die f n b f pl d  non to send to shall be bring in the county where the refusal be and not in  the county where the church be because damage be only to be recover and the  refusal be the beginning of the wrong and the ground of the action and so be  the book adjudge in h and f n b f and a queen imp of a prebend shall be bring  in the county where the cathedral church be coke report b er p and not in the  county where the body of the prebend be for the plaintiff clerk be to be  induct and install in the cathedral church arid therewith agree e and  Elizabeth die e dyer pl e but e and Edward Br seem contrary e and so the law  be well explain in a case in which there be different opinion in our book and  if a man at the commonlaw have a rend issue out of two county he can not have  have a f   light a post b a b f assize in one county because every part of the  land in the two county be charge with the rend and all shall be put in view as  it be agree in e ass e e ass p and ass p l but if a man make a lease pur auter  vie of land in two county render rend and the rend be behind and cest and vie  die the lessor shall have ail action of debt in which of the county he will  for now it be change into debt and in that case no land shall be put in view  but the person of the debtor shall be only charge by the commonlaw so if a  rend he issue out of the land of b in two county and the rend be behind and he  who have the rend die his executor may have ail action of debt against b in  which of the county they will on the statute of h cap for although he ought to  bring his action in one of the county yet at the commonlaw the person of the  defendant be Chargeable in the action of debt and not the land and before the  statute of g Inst g r c a writ of debt and account against a receiver and such  action may be bring in such county where the party may he best bring in to  answer and the plaintiff may have declare on a contract or receipt c in any  other county quod debt is owed et shrinking c are h Inst sand n h no one loci  see for that Edward Edward and e coke b e e jurisd e e title jurisd e h e e as  in h and a b where the king grant the office of surveyor of pack of all manner  of clothes within London and the liberty thereof which be in two county and  the assize be bring in Middlesex and there Newton and Paston say that there be  a great difference between a assize of rend and that assize for where a  rentcharge be issue out of land in diverse county every parcel be Chargeable  with the whole and all the tertenants ought to be name but here the person be  charge and not the land and yet the officefor which the assize be bring do  extend in two county and if a fine or feoff be make of land in two county with  warranty the warrant chark may be bring in any of the county e a b it be  purviewed by the statute of r c that a assize of nov seize shall for the  future be grant and make of a rend behind due for tenement in diverse county  to be hold in boundary comitat and thereupon the assize shall be take and try  by the people of the same county in the same manner and form as it be do of a  common of pasture in one county appendant to tenement in another county for at  the commonlaw if a man have bad common in land in one county appendant or  appurtenant to land in another county he shall have two several writ to the  sheriff of the several county or if the land to which c lie in one county and  the land in which lie in several county there he shall have a writ of assize  to the sheriff of the county where the land in which c lie and several writ to  the sheriff of the county where the land in which c lie and all that appear in  the king and f n b a and the same law be when a nuisance be do in one county  and the land to which c be in another county as it appear also in the register  and f n b king d in a action on the case for a nuisance where the nuisance be  do in one county and the land to which the nuisance be ail injury lie in  another the venue may be lie in the county where the land lie although the  action be bring on a statute which direct all action to be bring and try in  the county where the cause of action arise Sutton v clarke taunt in the case  of king v Burdett b and a it be observe by abbot CJ that he be not aware of  any authority point to a distinction between local action and indictment for  misdemeanour and that the power of the jury appear upon principle to be not  less limit in the one case than in the other and it be also lie down by the  same learned judge that to write and publish a libel be a misdemeanour compose  of distinct part each of which part be a act do in prosecution of one and the  same criminal intention be a misdemeanour and where a misdemeanour consist of  such distinct part the whole may be try in that county wherein any part can be  prove to have be do ib and the law be lie down in the same case by Holroyd I  in near the same term some of the instance relate to action cite on Bulwers  case which be then consider as local will now be consider as transitory ib and  Vid king v tailor barn and Cress Pearson v Mac Gowran barn and Cress d so that  if a man have a rend in three or four coke report a er p county it seem that  he who be seize may have several assize to be bring in boundary an escort for  the letter of the statute of r be general of rend due for tenement in several  county and although it have a reference to the case of common of pasture c yet  forasmuch as in the case of common of pasture if the land in which c lie in  several county and the land to which c lie in another county there shall be as  many writ as there be several county thence it follow that such remedy he  shall have who have a rend issue out of land in many county also the case of  common be put pattern agreeableness et simililudinari et null simile quatuor  pedib to run and it be not necessary that a simile shall agree in all point  and the statute of t r be make to satisfy a doubt which be conceive before for  thereby it be enact that writ in such case shall be make in the chancery  without any manner of contradiction as well of disseizins before make as after  to be make and the doubt be on the statute of great Charta cap Recognitiones  de to make new seize coke a et de death antecessor non caviantur nisi in nest  county and some hold that the same be not observe when the justice of assize  do sit in common boundary an escort and namely when there be twenty county  mesne between the two county as it be in the book in e b but that doubt also  may be conceive on the say assize of noy seize of common when the land in  which c be in one county and the land to which c in another county which case  without question be not restrain by the say statute for assize of noy seize of  common of pasture lie at the commonlaw as by the statute of Westminster c  appear e and ass p and if need be the statute of Westminster c do extend to  the say case of rend by which it be provide quod whenever de ctero to come out  in cancellar quod in to make one grammatical case resend breve et in similar  things grammatical case to fall sub eod jure et like inidgente remedy non  resend concordant clergyman in canceller in shorten to make c well ad neighbor  parliament de general consensus arisperitor fiat breve and the statute  conclude with the effect of a maxim of the commonlaw quod cur dom king non  debet to withdraw to complain in the whole of the laws perquirend e a where  the case be that the king bring a writ of right of the four part of the tithe  and offer of the church of saint Dunstan in the west in fleet street in the  suburb of London against the prior of saint John of Jerusalem in England there  candish take exception to the writ because although this writ be give by the  statute of Westminster c towards the end and artic clerk which statute give  that he shall have a writ ad to strive for advocation decimar petitar c and  this writ be bring of the four part of tithe and offer which be not warrant by  the statute judgement of the writ forasmuch as the statute do not give any  writ of the four part of tithe Thorpe the chief justice who give the rule say  although the statute do not limit by express word but of tithe yet those in  the chancery may make a writ in an ancient deity grammatical case and the writ  be good enough wherefore answer and in e Br a writ of entry be bring in the  county of Suffolk the tenant plead a release of the ancestor of the plaintiff  with warranty which be deny and find for the plaintiff in London by a jury of  fridaystreet c for which the demandant do recover and the tenant bring a  attaint and there exception be take because in the writ be not comprise to  attach the party judgement c and for the plaintiff it be say that the writ be  grant to the sheriff of London to summon the and attach the and another writ  to the sheriff of Suffolk to attach the party where the land be and both the  writ be read in court to which it be say that there be no special law that do  maintain that writ which be out of the common course Berisford the coke report  b er p chief justice who give the rule say in a now case a new remedy c  wherefore answer and therefore if there be lord and tenant and the tenancy do  extend into two county in this case if the rend and service he behind the lord  may have several writ of custom and service for every county one writ and  shall have coke b they returnable at one day in the common plea and then to  count upon they as his case be because aliter curian a   b before a a king to  withdraw to complain in the whole of the laws perquirend and therewith agree  Fitzherbert Nai Brey b and Edward law pl ultim and that be a good example pro  whithersoever you please similar things grammatical case c like indigent  remedy vide Edward title attaint a very good case and the reason and rule of  the book in Edward be to be observe where the case be that a fine be levy of a  manor in one county and the tenancy lie in another county now where the per  queen the condition of a slave shall be bring be the question and it be  adjudge that it be well bring in the county where the manor be and there stone  give the rule of the court in these word he can have no other writ for his  writ must be accord to the fine and bring in the county where the note be levy  vide Richard title action sur Le case h vide Henry title covenant ass pl Henry  Henry and in the principal case where it be object that the say capias  utlagatum be erroneous for it be neighbor ante holiday c where it shall be a  post holiday c the court take no regard to it for the error in the writ which  the defendant himself have wrongful bring shall not b Leon   a h   a f n b f  palm sand roll Fitzherbert error b advantage himself but in regard he be  imprison and trouble thereby that give the plaintiff cause of action also the  court do not regard the clause that the defendant at W in the county of  Norfolk c wickedly et deceptive machinats to be c for that be so secret and so  uncertain that it can be try