a james osborn case mich James in B R in assumpsit the plaintiff declare that  he have buy One fulcrum chosen England a field bedstead with a testern and  curtain of say c for ill and that the defendant deliveredthem on non plank  dead and issue the jury find for the plaintiff and assess damage and cost and  the plaintiff have judgement and upon error assign for cause that no damage  ought to have be give for the addition subsequent videlicet with a testern and  curtain of say the judgement be affirm fulcrum chosen be the only thing for  which damage be give for the testern and curtain no damage be give for they be  not allege positie but expositiy the four sort of word that pass under the  name of Latin S C Jenk cent hard mich James king in c banc rot James Osborn  noble bring a action on the case against Fran Middleton and declare that  whereas the plaintiff fever year king James have buy to visit bonaetcatalla  videlicet One fulcrum chosen a nglic a fiWId bedstead with a testern and  curtain of say One canopium vocal canopy for a bed of dornix One cover vocal a  rug c ad valentian pro eleven scales eiden Francisco super die Jun lunc  neighbor sequen solvendo and declare upon assumpsit c upon certain  consideration mention in the declaration ad deliberand good pr6edict c which  the defendant have not do c the defendant plead non assumpsit and the jury  find for the plaintiff and assess damage and cost upon which the plaintiff  have judgement and the defendant bring a writ of error and assign for error  that damage be entire give for diverse thing and for some of they no damage  ought to be give for where it be say One fulcrum chosen a anglic a field  bedstead for that damage may well be give but for the addition subsequent know  with a testern and curtain of say no damage ought to have be give for fulcrum  chosen do not include more than the bedstead itself for fulcrum to say a  fulciend quo bed suslinetur and when b damage be entire give and for part no  damage ought to have be give there a swearer male see to bear about in  assidend financial loss and therefore no coke b judgement ought to have be  give in such case and therewith agree h a b in rescous and h b and the case in  Elizabeth die be cite where the case be that c Clifford bring a writ of  ejection guard terr6o et ceredis c and declare accord and the issue be take  upon the traverse of a tenure which be try by nisi prius pro to express grief  and damage assess general and it be say in arrest of judgement that a action  do not lie pro custodian Aceredis send pro custodian terrx lantum and  therefore in the case above damage be entire assess for the ejectment of the  land and heir the plaintiff relinquish his damage as to he and pray judgement  of the ejectment of the land only all these case be agree by the court and  further in proof thereof two judgement be cite the first in mic and Elizabeth  in the king bench in trespass by d poley against Osborn for break his close  and beat his servant and do not say per quod slavery c to send away the  defendant plead not guilty and the jury find he guilty general and assess  damage also general and it be move in arrest of judgement because damage be  entire give where by the law no damage ought to have be give the plaintiff for  the battery of his servant a hob light Rep roll Rep a Cr James b hut Cr James  hetl hob light Rep more c die pl   b a Bulst   a a roll postea a Cr James hard  Styl d   a Bulst roll Rep hard coke report a er p unless it have be allege  that by reason thereof he have lose his service for otherwise the servant  shall have the action and not the master to which it be answer by the  plaintiff counsel that it shall be intend that the court which ought to direct  the jury in point of law have give direction to the jury for how much accord  to law they shall assess damage and therefore it shall be intend in the case  at bar that the jury have give damage only for the break of the close and not  for the beat of the servant forasmuch as for that as the say case be no damage  ought to have be assess and they compare it to the common case if a man bring  a action on the case against another for e scandalous word pattern  agreeableness for these thou art a arrant knave a cosener and a traitor the  defendant plead not guilty and the jury find for the plaintiff and assess  damage general it be well do for it shall be intend that the court direct the  jury to give damage only for the actionable word see thou art a traitor and  not for the other word for which no action lie but it be resolve by the court  that in the say case of poley a swearer in assidend financial loss mal see to  bear about for when damage be f entire assess it shall be intend for all that  for which the plaintiff complain and therefore it will be good policy in such  case to direct the jury to give damage for the thing g only for which coke a  damage ought by law to be give as if in the same case the jury have give  damage t particular for the break of the close that have be good and as to the  case of slanderous a word the court agree the same to be good law for two  reason that it be a action on the case and therefore he may well b declare his  case as it real be all together be but one scandal and although no action lie  for the say word thou art a arrant knave a cosener by themselves yet be speak  at one and the same time and couple with the other word actionable they  aggravate they but if at one time the defendant call the plaintiff traitor and  at another time he call he arrant knave and cosener and the plaintiff bring a  action on the case and allege the say several word speak at several time as  several cause of action there if upon not guilty plead the jury assess damage  entire judgement shall be arrest for the whole for be ground his action upon  two several scandal whereas one be not actionable a another case be adjudge in  the king bench mic and Elizabeth e roll hut Cr James Cr Elizabeth side f Cr  Elizabeth Cr James g Cr et h cro James a cro James cro Elizabeth roll Bulst  Anders more hob hut side b cro Elizabeth Rep Q a a it be a general rule that  if entire damage be assess and any one or more of the count he have or  inconsistent judgement may be arrest because it must be intend that some part  of the damage be assess upon these count grant v astle dougl Onslow v Hogne  will Penson v Gooday cro car companion v Martin black Rep and the judgement  shall be arrest in tolo and no venire de to make new shall be award Hancock v  Haywood TR holt v Scholefield TR but vide Eddowes v Hopkins dougl Johnstone v  Sutton TR grant v astle dougl anger v Wilkins barn smith v Howard ib if at the  trial there be evidence give upon such count only as be good and consistent a  general verdict may be alter from the note of the judge and enter only on  those count Eddowes v Hopkins dougl so where it appear by the judge note that  the jury calculate the damage on evidence applicable to the good count only  the court will amend the verdict by enter it on those count though evidence be  give applicable to the have count also William v Breedon Bos pull and the  postea may be amend by the judge note at any time even after final judgement  and a writ of error bring do v Perkins TR but the court will not enter the  verdict on particular count accord to the judge note after a lapse of eight  year and after the judgement have be reverse in error for a defect in one  count Harrison v king barn Ald l but where there be any evidence which apply  to the other bad coke report b er p Regin but it be enter mich and Elizabeth  rot the case be such a more bring a action on the case against Bedel and  declare that whereas pasch Elizabeth Bedg have recover by default in a action  of waste and damage after which judgement see ultimo Novembranno Elizabeth  they submit themselves to the award of palmer and Pove of all matter then in  variance betwixt they in consideration that the plaintiff have assume to  perform the award on his part the defendant make reciprocal promise to perform  it on his part and that he will not sue execution on the say judgement in the  action of waste and afterward decemb year the say arbitrator make a award in  write to this effect they award that more shall pay to Bedel at certain day  and at other certain day and for the payment of the one will salt shall be  ready to seal and deliver fifteen bind c and further they award that whereas  certain copyhold land of the manor of Langley in the county of buck of which  the say Bedel have make a b lease for year by indenture contrary to the custom  c that the say William salt shall do his endeavour pro osse his that no  advantage shall be take of the forfeiture and in coniideratione ind that Bedel  shall discharge more of parcel of the say recover in the say action of waste  and that upon the readiness of William or inconsistent count the postea can be  amend because it will be impossible for the judge to say on which of the count  the jury have find the damage or how they have apportion they unless indeed  the jury as in William v Bredon sup calculate the damage on evidence  applicable to the good count only and the court will not alter a verdict  unless such alteration will be clear agreeable to the intention of the jury  Spencer v goter h black and Vid serjeant William note l Hambleton v veer sand  a where word which be not actionable be lie in the same count with those that  be and the jury give damage general the court will reject the insufficient  word for the insufficient word couple with the actionable word be only  aggravation and give judgement for those which be actionable Vid the text  above Broughton case more brook v clarke cro Elizabeth Thaxbie v smith ib  Penson v Gooday cro car Lloyd v morris will Onslow v horn will the plaintiff  need not prove all the word lie in the same count though they be all  actionable still however he be bind to prove so much as be sufficient to  sustain his cause of action and it be not enough to prove equivalent word of  slander per Laurence I Maitland v goldne east it seem to be also general true  that whenever a injury be charge to have be commit at one and the same time  and the matter in which such injury be charge to consist appear some to be  actionable and other not the court will presume after verdict that the damage  be give for the actionable part Smalley V Kerfoot strange roe v Gatehouse I l  raym Coulston v car cro Elizabeth anon roll Rep roll ab damage f buller v  Hodges side pave v brown ib but if a action be bring for several word speak at  several time and the action will not lie for the word speak at one time but  will lie for the word speak at another and a verdict be find for all the word  and entire damage give it be not good and judgement will be arrest text sum r  Lloyd v morris will Benson v Gooday cro car roll ab damage f per Popham CJ  brook v clarke cro Elizabeth Jaxon v tanner cro car also the case seem to  establish this principle that where it be positive and express aver in the  declaration that the plaintiff have sustain damage from a cause subsequent to  the commencement of the action or previous to the plaintiff have any right of  action and the jury give entire damage judgement will be arrest but where the  cause of action be proper lie and the other matter either come under a  scilicet or be void insensible or impossible and therefore it can be intend  that the jury ever have it under their consideration the plaintiff will be  entitle to his judgement serjeant wms note Hambleton v veer where sup quod  vide and the case cite ib a roll I   a roll Rep roll Rep winch Bulstr hard  palm Bridgm b   light a coke report b er p salt to seal and deliver the say  bind Bedel by his deed shall releaseto more all action then depend and all  demand to the fifteen day of June year fivepercent tax quarto say in addition  to and show coke b that the be pay accord to the award and ultinio octob  Elizabeth William salt offer to be bind in the say fifteen bind and do his  endeavour pro posse his quod no one advantagium to pick de forisfactura c and  assign two breach of the award the one that the defendant have not make the  say release upon request make the other that he have sue execution upon the  say judgement by be made fa and have levy parcel the defendant plead non  assumpsit and this issue be find for the plaintiff and damage give and in this  case two point be resolve which be only move in the king bench the one that  although the party have be bind by bind to perform the award as in this case b  that mutual promise yet as to all that which be to be do by William salt be a  c stranger to the submission the award be void for they be not bind to perform  any award but that which be within the submission and so it be adjudge pasch  Reginee Elizabeth rot between Ecclesfield and a Maliard in the king bench and  therewith agree e b by all the justice vide b h the opinion to the contrary  but the case be good law but in report for in a action of debt on a bondi the  defendant plead that the bind be endorse on such condition that if the  defendant stand to the arbitrement and award of a and b of all quarrel and  debate betwixt the plaintiff and he c that then the bind shall lose its force  and say that hey award that the defendant shall pay to one Kendal S which he  have pay he judgement c Ashton of counsel with the plaintiff take exception to  the plea because it appear that this arbitrament be void so the bind remain in  force but that without question be a non sequitur for if no arbitrament or a  void arbitrement be make which be all one in law the bind be not forfeit nor  shall the obligee take any benefit thereof and therefore all that follow there  be as I conceive mistake by the reporter as a opinion not pertinent to the  case in question vide h e e e although many thing be award to be do in  satisfaction of another as that case be and some be within the submission and  some out and so void and although all be intend by the arbitrator to be a  plenary and entire recompense for the thing which the other shall do in  consideration thereof notwithstanding if any thing to be give or do to the  party although it be of small value be within the submission the award be good  although it appear by the intent of the arbitrator that that which be within  the submission without a the other be not a plenary satisfaction for the thing  to be do by the other party whereupon judgement be give for the plaintiff c c    a roll roll Rep kelw a Leon hut Cr Elizabeth more cro car hard Yelv a cro  Elizabeth godb roll b h b hard Fitzherbert Det Br arbitrement Br condition b  former it seem to have be hold that after a plea of nul agard the defendant  can not in his rejoinder show a award make but void in law but it be now  settle that he may show that the award in fact make be not a good award in  point of law fisher v Pimbley east c this position seem doubtful if indeed a  award direct a payment to a stranger such part of the award may be void and  the other part remain good because the party to the award be not prejudice  though no payment be make to the stranger per sander arg pope v Brett sand so  also for the same reason where a award direct a lease for life to one of the  party with remainder to a stranger in fee Bretton v Pratt cro Elizabeth also  if any thing award upon be out of the submission the award be void only for so  much web v Ingram cro James Ingram v Milnes east as that one shall be bind  with a surety the award be void only as to the surety Norwich and Norwich case  Leon coke v whorwood lev so where the arbitrator direct by who the cost be to  be pay the cost not be within the submission bargrave v Atkins lev candler v  full will George v Lousley east so also where the direc coke report b er p and  thereupon the say executor of Bedel bring a writ of error upon the new statute  and the say exception move in arrest of judgement in the king bench be move  again and the justice of the common plea and baron of the exchequer agree as  to they with the judge of the king bench and then another error appear in the  record be assign which be not move in the king bench and that be that there be  two breach assign by the plaintiff one of the refusal to make the say release  and the other the sue of execution and as to the release the award be void and  by consequence damage be entire give the judgement give for those damage be  erroneous and it appear that the say release be out of the a submission for  the submission of all thing in variance ult Nov Elizabeth and the award be  that Bedel shall release to more all demand to day of June year Elizabeth and  the request to make the say release be year Elizabeth and so one of the breach  be out of the submission against which it be object that it be true when two  point be put in issue and for one no action lie and damage be entire assess it  be erroneous because both be direct within the charge of the jury as in the  say case of break of the close and battery of his servant but in the say case  between more and Bedel the defendant in the action on the case plead non  assumpsit modus etforina which be only their charge and it shall be intend  that the court direct the jury as to damage for that breach only which be  within the award and the assumpsit and that case depend long in advisement and  after the case have be often argue before they and upon conference among  themselves it be resolve by they all that it shall be intend if it be not  special find that b damage be give for both the breach and therewith agree c  Clifford case aforesaid in Elizabeth dyer where the issue be join tions as to  cost be too vague and uncertain to be support the award be have only pro lanto  Addison v grey will fox v smith will so also where a arbitrator award a sum of  money to be due and it appear upon the face of the award that a certain part  of the suppose debt arise from a illegal transaction the award be set aside  pro tanto 4ubert v maze Bos pull so if a award order one of two thing to be do  in the alternative and either of the two be uncertain or impossible the award  be good and the party be bind to perform the other of they simmonds v swain I  taunt Wilmer and oldfield case Leon so where the award in part be impossible  it be good for the remainder roll abrutus tree n pl the general rule be that  where as in the above case the matter award be distinct and not the one depend  on the other the award may be good as to one part and void as to the other lee  elkins Mod where Powel I observe that the rule put in Osborne case will not  bold of the extent which coke give it Vid simmonds v swain I taunt but where  as in pope v Brett Znd by the nullity of the award in any part one of the  party can have the advantage intend he as a recompense or consideration for  that which he be to do to the other the award be void in the whole Vid  serjeant wms note pope v Brett sand there be also a distinction where several  thing be award and where one entire thing be award which be not in its nature  divisible for in the first case some be bad award do not vitiate the residue  but in the other case there can be no apportionment and consequent the award  will he have in toto Bowner v Charlton east Auriol v smith I turn c c but when  the subject be clear capable of be separate as in the case of a award of a  release to the time of the make the award and so beyond the arbitrator  authority such award be void only for the time between the submission and the  award Pickering v Watson I black Rep contra roll abrutus tree b pl contraWebb  v Ingram cro James and Vid Lumley v Hutton cro James so a award of general  release on a special reference be good for the matter refer and void as to the  rest Pickering v Watson where sup Vid note a salmon case   a a hob Cr James  lev c Elizabeth cro Ro ab m side more hut Brownl roll b   a Cr James Cr car  hob c   a   b   b a die pl Bulst roll Cr James hard Styl coke report b er p on  the tenure and damage general assess extend as well to the custody of the body  as of the land and forasmuch as in the say case betwixt more and d Bedel one  of the breach be out of the submission as it be resolve by all the justice and  baron the judgement give in the king bench be for that reason reverse d but in  the case at bar it be unanimous agree that the a judgement be well give by the  judge of the common plea and that it ought to be affirm and in this case these  difference be agree between the case in which two thing be direct coke b put  in issue or oblique inquire of by the jury and the case at bar where there be  but one thing only for fulcr chosen be only the thing for which damage be give  and for the testern and curtain no damage be assess for they be not allege  positive but expositive know One b fulcrum chosen c England and the exposition  extend to more than fulcrum chosen signify and therefore all the residue be a  mere nugation and void as a thing not at all allege and by the statute of d e  c it be enact that all plead which shall be plead c be plead show defend  answer and debate in the English tongue and that they shall be enter and enrol  in Latin and that the law and custom of the say realm term and process be hold  and keep as they be and have be before these day and it be resolve that this  statute as to the first be introductive of a new law but as to the two other  branch they be declarative of the old for of old time and before the Conquest  the original writ and all the process and proceed upon they be enter in Latin  and infinite record before this time yet extant be enter in Latin and yet for  the better illustration of the truth a deed English French or Dutch c may be  enter either in a plea or special verdict e e e title brief abatement de Ceo  Br the book at large be in print in a S quod To give back the writ be prci pe  quodreddat filioetheire where it shall be hredi in Latin and for this cause  the writ be abate for as share chief justice say in e a Latin be a formal  language to put in writ c and English be the word of the common people and yet  when English or French be parcel of a name there it shall be suffer in a writ  and therefore if the name of a manor be a beside king he may demand it in a  prci pe by that name in English for peradventure notwithstanding the name the  say manor lie in king and therefore in a prcive if he shall say in Latin a  juxta king then without question if any part of the manor shall extend into  king the writ will abate and therewith agree f e b e a so if a man surname be  Fitzjohn he may be so name in a writ for if he shall be name in a writ S  William son John it will be a good plea to say that his father have another  Christian name as Richard c and so abate the writ and so it be hold in e b a g  e a e b a ass p e estoppel a e a so I have read that one Henry have to his  surname in the hall and be bring a writ by that name which consist of three  English word et bene for his name be not coke a Henry in Auld d roll   a roll  Rep Hardr winch palm Bulstr roll Rep Bridgm d here the second breach be in its  own nature actionable which distinguish this case from the rule ante note a p  a a jenk cent can hard cro James b Cr James c Hardres d   light b cro  Elizabeth die pl Bulstr   a e in a action for a libel write in a foreign  language the plaintiff must set forth the libel in the original Zenobio v  astell TR and it seem that he must also set out a translation it be certain  necessary that a indictment for forgery shall contain a English translation of  the instrument forge king v goldstein Brod bing SC Russ Ry c c r e e a f  Fitzherbert Br Br brief Statham brief g   light a Fitzherbert brief a  Fitzherbert Br Br estop coke report b er p vide e a so that short catalog lamb  original how judicialia suffer Anglica nomina it be resolve that word which  pass under the name of Latin be of four sort f good Latin allow by grammarian  word significant and know to the sage of the law but not allow by grammarian  nor have any countenance of Latin in what case mala grammalica false Latin or  no Latin and yet have countenance of Latin shall abate or destroy and where  not word insensible and of no signification and which have not any countenance  of Latin be utter reject of the first sort be good and proper b Latin and that  without question be within the stat of e of the second sort be messuagium  toflum gardinum bruera jampna maremium c these and diverse other of the same  nature be Allowable not only in plead but in original writ also for these word  be know to the law and to the judge thereof and such also be within the say  Act of e and so in other science it be frequent as the professor of the civil  law use reprisalia Jeuda shopa sollaria and many other the like and many time  they use to explain they by anglic c as sollaria Avglic warehouse and the  physician use this barbarous word brothium for broth and such like of the  three sort be false Latin or incongruous Latin which shall abate a original  writ but shall not make any judicial writ count plead or judgement vicious for  false Latin shall be in such case amend a much strong shall not avoid a grant  or any deed c and therefore neither false Latin nor false English shall make  void a c grant or other deed when the meaning of the party appear mich  Elizabeth in the common plea rot the obligation be in eighty scales with  condition for payment of and although this word eighty be minus of Latium yet  it be adjudge a good obligation of eighty scales notam eight hundred so mich  and kiz rot in the common plea the obligation be in septungenta scales with  condition for the payment of three hundred and fifty pound and it be adjudge  that that septungenta shall be take for seven hundred I seven hundred pound so  in h a a obligation of wiginti scales take for twenty scales and h b and h a  send for mich James king in the common plea a bill be make in d English know  in sewtene pound which be false English and yet adjudge a good bill of  seventeen pound for the intent of the party appear also when there be no Latin  word for diverse thing as for a stirrup but a feign word stapedia and so for  velvet there coke b be no Latin word for it and therefore in that case it may  be say in plead two or three made of twigs striped velveli and in all such  case where it be no Latin and yet be significant and have the countenance of  Latin it be wise do to make a illustration of such word to add a Anglicd as in  the say case before anglic of velvet such de like as in the case at bar cover  anglic a rug there be no Latin word for a rug and these be also within the say  Act of e of the four sort be insensible word c as in the case of replevin  pasch Elizabeth between Thomas Gavin and sir Edmund Ludlow the declaration be  of diverse good and chattel and among they be vitrium and upon issue join the  jury assess damage entire for all and it be resolve that if vitrium be a word  insensible and of no signification then damage can not be give for it but for  the residue only but the court do strong incline that it be but false Latin  for vitrum be Latin for glass and vitrium have countenance of Latin and do  sufficient ascertain the court that be intend it for glass and so quacunqne  way data Gavin have judgement to recover and afterward by all the justice in  the case at bar the judgement be affirm f by stat Geo c all proceed in court c  all bind c shall be in the English tongue Vid note g Buckley v wood   a b side    a   b still vent sand Bulstr hob Cr James Cr car c   light b   a Ant a   b  Cr car Cr James Noy keb Yelv hob Cr Elizabeth Brownl style more Br bind roll  Lutw salk comb d Cr James a Jones Cr car Cr James king b way coke report a er  p note reader many men renaseentur quo nunc to fall cadenique queen nunc are  in honor vocabula c