Carthew pullen versus palmer to go into Trin will mark b r rot but depend  until Trin will Mod one jointtenant can avow for rend nor maintain a action of  debt for rend Danv p post comb Thoms Ent cro cro wise and Pillent in replevin  c the defendant begin his avowry in this manner sacred scripture et prediction  Samuel per t S attorn suum go for sale defend vim in an unjust manner when c  bene advocate deception averiorum pillage in pillage loco in quo c just c  because to say quod c and then set forth that a be seize in fee of such land  unde c out of which he grant a rentcharge of per annum unto b c d e with a  clause of distress be thirteen person in all and unto their heir and assign  for ever for the use of the poor of the parish of Beckington and road in wilts  and this grant be Feb year Elizabeth then be set forth several assignment of  this rend to new trustee c whereof the last be date April car which be to the  defendant palmer and twelve hill car smith versus ekins Carthew er p other  person and to their heir for the use of the poor c ut above then he show that  four of the last assignee be dead and that he and nine of the rest videlicet a  b c d c survive and then make his conclusion sacred scripture et because S de  To give back predict pro to make one year un quarter One striving limit ad  holiday c year c eoden tempore quo c preafat Samueli predict a b c d name the  other eight survive trustee aretro to be insolut idem Samuel bene advocate  deception averiorum predict in prediction loco in quo c just c ut in property  distraction of he and the other survive trustee in form preceding load  obligate c the plaintiff plead in bar that puis darrein continuance one of the  other eight survive trustee have release to the plaintiff all action and suit  depend concern the rend aforesaid between the plaintiff and the defendant and  upon a demurrer by the defendant it be argue for the plaintiff that the avowry  be ill both in substance and form as to the form it be object that the  conclusion of the avowry be ill because this say that so much rend be behind  but do not express avow the distress to be Carthew take for that rend but avow  general without show the cause for what whereas after bene advocate deception  he ought to have add this clause pro prediction S de To give back pillage such  ut carry in front aretro existen c say non allocatur because this say because  such rend be behind he avow c so that the word because show the cause of the  distress but the chief objection be as to the matter in law for that the  defendant be jointtenant of this rend can avow alone without make himself  bailiff to his companion and therefore in this case he shall both in the  commencement and in the conclusion have avow in jure his to appropriate and  also make conusance ut ballivus to the rest of his companion because  jointeriants can sever in a avowry for rend either for part or for the whole  arrear on the other side it be argue this omission be but form since the  defendant have by his avowry express allege that the rend for which he  distrain be due to all the jointtenants and avow the take c as in land subject  to the distress of all of they which amount to as much as if he make a express  conusance as bailiff to they and far that one jointtenant may distrain for the  whole rend say per curian the avowry be ill upon the second objection for  though one jointtenant may distrain for the whole rend yet he can avow for the  whole for a avowry be in nature of a action and be a demand in law of the rend  and one jointtenant can maintain a action of debt for rend without his  companion and therefore in this avowry which be the same with a action he  ought to make himself bailiff to his companion so as they may be privy to the  suit and be entitle to their share upon his recovery thereof in their right  and his allege that the rend be due to all do not mend the matter but rather  make it worse for thereupon the objection do arise and the defendant perceive  the opinion of the court desire the whole matter may be refer to justice Eyre  because it concern a charity which be do accord Carthew de term sanct mich  year willi nariae b r