caul and LLEMARK ante bail error of a judgement against bail on recognizance  take before the mayor secundum experience not say in court which by Jones  solicitor be well enough be say on record and its sufficient record when on  record wherever take the mayor be the sole judge for ought appear here so bail  before a judge here out of court when bring in be well enough send curian  contra that these bail mention before what judge and so shall that and not do  it be error not allege custom to take it out of the court and judgement  reverse Keble er p
cause against BAZATS ante bail to know facias on bail in Plymouth on judgement  against Lamoryn remove hither by error where the defendant be bail and the to  know facias be as against bail here to which the defendant demurrer because it  appear not bail be in court nor that judgement be not affirm in the error  which will make this court subservient to inferior court but this be remove at  the defendant prosecution who bath already forfeit his recognizance below the  court conceive that the defendant be the cause why such general process be  make a to know facias be well enough as well as a to know facias quare  performance non for if the party will not assign any error the defendant shall  not lose the benefit of his judgement below which in such case can neither be  affirm nor disaffirmed and judgement quod to have performance give no remedy  against the Keble bail nor affirm the first judgement but error de think over  quod in person thou may yet be bring and the record of the principal and bail  be distinct yet here be no writ of error to remove the bail so though they be  both clap in one roll and no judgement against the bail below and that the  bail be not removable by certiorari as Cr Risams case therefore by Twisden  justice to know facias can be until judgement affirm and so by Livesy  secondary be the course here on error in exchequerchamber no to know facias  against bail till affirm et adjornatur
cause against roberts Sinderf pl slander error of judgement in the borough of  Southwark in action for call the plaintiff brazenfacedwhore and run away with  the defendant husband custom be allege that all whore brothel keeper and such  as keep any bawdyhouse to tarry operator such trade there be punishable there  by corporal punisbment which by Maynard be ill be all one sentence be intend  only of such whore that keep baudyhouses to tarry operator and these word do  import so much contra if it have be all whore or brothel keeper c which the  court agree judgement reverse nisi
CAUTRELL plaintiff Mannington defendant bill to discover c the defendant plead  he be a purchaser for a valuable consideration and that he have pay the  purchasemoney this bill be to discover how much money the defendant pay for  the purchase of the manor of W and other land in the bill mention and to who  he pay the same and what money remain in his hand to be pay and that the  plaintiff may be satisfy a debt of and interest due and owe to he by sir John  Jacob of who he buy the manor the defendant plead that he be a purchaser for a  valuable consideration and that he have pay and secure the purchasemoney to  sir John Jacob the young or to his order but because he do not set forth how  much the purchasemoney be nor to who he pay the same this plea be overrule and  the defendant be order to answer those particular without cost but the  purchase not to be impeach
CAUTWELL against church Intr h Elizabeth b r rot a commoner bring a action  upon the case for stop of his way to the common and upon a writ of error it be  affirm to be well bring although he may have have a assize also perhaps a mere  stranger have do it and not the terretenant also perhaps he that do the wrong  be dead and for that no ass and mich term ensue judgement be affirm for the  plaintiff in the first action see dyer h h h
cave against mering notice consideration the defendant promise in  consideration that if the plaintiff will consent that the mortgagee shall  assign a indenture to the defendant he will pay to the plaintiff c and it be  allege that ad tunc ibidem the plaintiff consent without notice and good the  consideration be that the plaintiff shall consent to the assign of a lease  which by Windham curian the plaintiff have possession of the Keble indenture  as mortgagee of b a estranger be a good consideration because the lessee  without the consent of the plaintiff can make assignment and so the defendant  have a benefit and the plaintiff prejudice thereby but by Allen for the  defendant if the lessee have never assign yet the plaintiff have be bind by  his consent which be of no operation of it self because he may yet keep the  indenture in his hand but yet per curian hereby be a influence to make the  bargain better and therefore it be good judgement nisi
cave against price trin geo wright move for a attachment against the sheriff  of Middlesex for not return a writ of capias ad to answer upon affidavit of  service of the rule on the undersheriff per cur be it so the attachment must  be against the sheriff and the service be proper upon the undersheriff
caveat notam per doctor amias in the Lord souch his case if a church become  void and a stranger enter a caveat with the register of the bishop that none  be institute to that church until he be make privy thereunto and the bishop  before that he have notice of the caveat institute a incumbent the institution  be mere void in the spiritual law for the register ought to notify the caveat  to the bishop and his negligence in that shall not prejudice he that enter the  caveat and if the bishop have notice of the caveat and give day to he that put  that in and before that day he institute a incumbent this be mere void for the  enter of the caveat be as a supersedeas in our law
cavendish against No relief against a award make without order of court unless  for corruption matter in difference refer by consent and order of the court to  Mr birch and two other or any two of they two make the award and now exception  be take to the award on the one side and the other side move it may be decree  the Lord chancellor if the party without the court refer the difference they  choose their own judge and this court relieve not against the award unless it  be in a case of corruption exceed authority or the like but when a reference  by consent and order of court if it appear unequitable this court will not  decree it and accord in this Cause set aside the award and bind of submission  the reason be because it concern case in chancery a infant to who pound be  award and that bind shall be give by the guardian that the infant shall at his  full age convey the land in question which be not reasonable for he may die or  if he live to age refuse to convey so it be not mutual the Lord chancellor  also say he will never decree a award which shall bind a infant case in  chancery er p
Caverly against ellison debt on bind against a executor retainer plead by  administration the defendant plead administration commit and that be retain  for satisfaction of a debt due to he by bind whereupon the plaintiff demurrer  and show that it do not appear what administration be commit to the defendant  and then he have no colour to retain judgement for the plaintiff for the plea  be insufficient
CAWDREY against KINGSMILL in a replevin the case be thus a devise to c by  these word I devise a rend of S out of all my land in Hawley with a clause of  distress Payable yearly at the usual feast c and the devisee aver that such  feast be the usual feast in hawli and so advows c and by the court that be a  good devise of a rentcharge by these word with a clause of distress because of  the intent of the devisor of a I they die and mean to come to that rentcharge  so cum clause severity be the same with cum clause warranties which make a  warranty
CAWDRY and TETLEYS case Cawdry be a doctor of physic the defendant proemissor  um non ignorant to discredit the plaintiff with his patient as appear by the  evidence speak these word to the plaintiff videlicet thou art a drunken fool  and a ass thou be never a scholar nor ever able to speak like a scholar the  opinion of Jones and crook justice be that the word be actionable because they  do discredit he in his profession and he have particular lose when by reason  of those word other do not come to he and palmer case be vouch where one say  of a lawyer thou have no more law then a jackanapes that a action do lie for  the word contrary if he have say No more wit and William Waldrons ease be also  vouch where one say I be a true subject your master be none that the word be  actionable mich carom in the king bench
CAWETH vers fillip Intr Trin will rot make a debtor executor durante  minoritate of another person do not discharge the debt debt upon bind by the  plaintiff as executor of the obligee the defendant plead that the obligee make  the defendant executor during the minority of the plaintiff and that the  plaintiff become executor at his age of seventeen the plaintiff demurrer and  per curian this can be a suspension of the action because the defendant be  only executor in trust for the plaintiff during his minority see W Jones  Dorchester v web Adjournatur
CAWSWELL and Owen against vaughan ante voucher error of a judgement in a writ  of entry in nature of a assize the tenant vouch fuel whereupon be in a English  county it be adjourn without other process the plaintiff counterpleaded that  the vouchee be out of the line to which it be demurrer and a peremptory  judgement give Keble which per sander shall not be ass but a to answer ouster  h the like and h the voucher be wave which will not be be it peremptory and h  be but Keble against townsend but where bastardy or the like fact be offer  against voucher it may be some reason for peremptory judgement on demurrer  because issue be wave f n b title Warrantia chart be give in lieu of voucher  in these writ where the party be absent h and voucher Br and therefore there  can be no counterplea nor shall the voucher be enter send non allocatur for  per curian here may be a voucher therefore the counterplea be sufficient but  in ejectment it will be void but in Wales albeit the writ be general quod ei  deforceat yet the voucher ensue the writ protest to follow in be and h cap  direct the judge to proceed to judgement on foreign voucher in English county  but in foreign county in Wales not so which per curian make a end of this case  and judgement pro plaintiff and the court conceive on h adjournment to another  term must be peremptory Edward Edward Edward roll Inst on the stat Westminster  cap but a demurrer on the voucher be not peremptory post
CC basset and prowess case in debt upon a bind the case be that Basset be bind  with prow as his surety to one Preston in a bind of l and that be upon a  corrupt and usurious contract against the statute and prow be bind unto the  plaintiff in a bind as a counterbond to save the plaintiff harmless from the  say bind of l Basset be sue by Preston upon the say bind and so damnified and  thereupon sue prow upon the counterbond who plead against Basset the statute  of usury pretend that all assurance depend upon such usurious contract as void  by the statute but by the opinion of Wray chief justice the same be no plea  for the statute be that all bind collateral assurance make for the payment of  money lend upon usury shall be utter void but the bind here upon which the  action be bring be not for the payment of the money lend but for the indemnity  of the surety cro Len Goldsb pasch Elizabeth in the exchequer
CC paston and townsend case in trespass by Paston against townsend the  defendant plead that Tindal be seize in fee by protestation and die seize and  the land descend to which the plaintiff reply and say c without hoc that  Tindal be seize in fee upon which they be at issue on the part of the  defendant to prove the issue it be give in evidence to prove the issue in his  right that the say Tindal long time before his death be seize and alien and  never after be seize it be say that that evidence do not prove the issue for  the defendant for the seize in fee intend in the issue be in the nature of a  die seize and so periam conceive that the defendant plea do not intend any  other seize a die seize and the die seize be take by protestation to avoid the  doubleness so as the seize upon which the issue be take ought to be intend a  seize continue until the time of the death of Tindal and seize at large or a  general seize at any time during the life of Tindal quod Anderson to go away  Leonard trin Elizabeth in the king bench
CC Tooley and preston case in a action upon the case by Tooley against Preston  which see mich Elizabeth report in Leon part fol judgement be give for the  plaintiff and now upon the return of the writ of enquiry of damage it be move  that for as much as the damage be excessive videlicet that the court de  agreeableness will abridge the damage but the whole court be against it for  that they as judge can know what prejudice and damage the plaintiff have  sustain by the wrongful detain of the say recognizance but the jury may well  have notice of such matter and as the case be here the damage be but incertain  upon the assumpsit for the defendant assume that if he do not redeliver the  say recognizance to the plaintiff to pay he so as the damage be reduce to  certainty by the promise of the defendant himself and by Anderson if I bail to  you a obligation to rebail the same to I before such a day one now upon not  delivery at such a day I shall have a action of debt for the contrary by  Windham and by Anderson in the principal case if the defendant have plead non  assumpsit and the jury have find the promise they may have give damage without  danger of a attaint notwithstanding that the plaintiff can not prove that he  be damnified one penny and that by reason of the express assumpsit of the  defendant Len cro Len Leonard hill Elizabeth in the common plead
ccc Beechers case juror Beecher be a gentleman of the middletemple be return  in a attaint and before the return of the pannel he become a minister of the  church and now at the day of the return he appear and pray to be discharge  accord to the privilege of those of the ministry but the court will not allow  of his prayer because that at the time of the pannel make he be a layman  wherefore he be swear one of the jury Leonard er p Leonard hill Elizabeth in  the king bench
ccc SECKFORDS case Henry seckford be implead in the court of common plea at  the suit of a widow in a action of debt and now come a injunction or writ of  privilege out of the exchequer recite the say seckford to be one of the groom  of the queen privychamber and keeper of the privypurse and so Accountable to  the queen and that they do not hold plea of the say action but that the  plaintiff sequitur pmas scaccar but the writ be utter disallow by the court  see Elizabeth dyer hunt case trin Elizabeth in the exchequer
cccc GRUBHAMS case the case be this Grubham make a lease to one by deedpoll  habendum to he and his wife and to his daughter successive as to scratch  nomina in row and afterward die his wife die and if it be a good remainder to  the daughter be the question Harris sergeant it be void and not a good  remainder for the incertainty et vide cook part Corbets case in all contract  and bargain there ought to be certainty and therefore in h if a feoff be make  to two heir it be void although it be with warrant to they and their heir vide  h where renunciavit totan fortify strongly do not amount to a release because  it be not show to who he release and so in Elizabeth n banc king in Windsmore  and halberd case where a indenture be to one habendum to he and his wife and a  three person and it be hold that it be void by way of remainder to any of they  but the court be of opinion in the principal case that the daughter have a  good estate in remainder and that the case do not differ from the case in the  Lord dyer where a lease be make by indenture to one habendum to he and to  another as nominate in paper and that those word make the grant certain enough  and so in this case as to scratch nomina in row shall be as to scratch nomina  in eaden paper but they agree that a lease make to three habendum successive  be not good for the incertainty hill James in the king bench
cccc mich Elizabeth in the king bench fine levy forfeiture condition the case  be a give land in tail to b upon condition that if the donee or any of his  heir alien or discontinue c the land or any part of it that then the donor do  reenter the donee have issue two daughter and die one of the two daughter  levie a fine sur conusans de law come Ceo to her sister heal sergeant the  donor may enter for although the sister to many intent be but one heir yet in  truth they be several heir and each of they shall sue livery e if one of the  sister be discharge by the lord the lord shall lose the wardship of her and  yet the heir be not discharge and if every sister be heir to diverse respect  then the fine Leonard er p by the one sister be a cause of forfeiture Harris  contrary for condition which go in defeat of estate shall be take short and  here both the sister be one heir and therefore the discontinuance by the one  be not the act of the other Clench justice the word be or any of his heir  therefore it be a forfeiture quod to be concession per totan curian and  judgement be give accord cro
cccci price and ATMORES case in a ejection strong it be agree by the justice  where a man possess of a term for year by his will make his wife his executrix  and devise all his term and interest to her and if she die before the term end  that the same shall remain to his son and the heir male of his body the  Leonard son die the executrix enter and claim as legatee and assign the term  over the executor of the son enter that his entry be not lawful for the son  have but a possibility and no interest for by the devise of the whole term the  whole interest be in the wife and when it be in her it can not remain over  otherwise if the land have be grant to her for life and if she die that it  shall remain as before and note that Elizabeth it be adjudge in common banc  that such a possibility can not be release and Elizabeth ft Hammingtons case  that it can not be grant trin James in the common plead
ccccii the bishop OF exeter and sir henry wallops case note in this case it be  adjudge that the king by a special proviso in the statute of h of plurality  may give to any of his chaplain as many benefice as he please but otherwise it  be of a common person for they be stint by the statute mich James in the king  bench
CCCCIII Fleming case indictment upon the statute of Elizabeth Fleming be  indict upon the statute of Elizabeth because he have give the sacrament of  baptism in other form than be prescribe in the say statute and in the book of  common prayer and the say indictment be before the justice of assize Wray and  Anderson of such offence do before and now he be indict again for which it be  award that he suffer imprisonment for a year and shall be adjudge Self facto  deprive of all his spiritual promotion and upon the indictment Fleming bring a  writ of error and assign error because in the second indictment no mention be  make of the first indictment in which case the second indictment do not  warrant such a judgement Wray justice if the first indictment he before we  then be a second judgement well give contrary if it he before other justice  Clench the second indictment ought to recite the first conviction and if one  be indict for a rogue in the second degree the first conviction ought to be  contain in such indictment in a indictment the day and time be not material as  to true recover in facto and it may be that this last indictment be for the  first offence for any thing appear coke who argue to the same intent compare  it to the case of r and e h indictment certify to be take in person a b  justice domini king ad peace c without say nor ad to visit felonias c be void  and if a man have be once convict he shall not have his clergy if it appear  upon record before the same justice that he have his clergy before hill  Elizabeth in the king bench
CCCCIII glover and archer case the case be tenant for life make a lease for  year render rend at mich and the annunciation or within week of any of the say  feast after mich and before the week pass the lessor die and the plaintiff his  executor bring debt for the rend it be adjudge by cook and the other justice  that the action do not lie Leonard er p for the rend for the rend be to be pay  at mich or within week after the lessee have election to pay it at any of the  day and before the last day it be not due and when the lessor die before that  day his executor have not any right to the rend but after the death of the  lessor have but a estate for life the rend be go but if the lessor have have a  feesimple in the land and have die before the last day the heir shall have  have the rend as incident to the reversion but if the lessor have survive both  day the rend have be a thing vest in he and his executor shall have have it  but if the rend have be reserve at mich and if it he behind by week that then  it shall be lawful for the lessor to enter if the lessor survive mich his  executor shall have debt for the rend for then the rend be due and the week be  but a dispensation of the entry of the lessor until that time and in this case  Leonard as well as where the rend be reserve at two day in the disjunctive it  be sufficient that the rend be demand at the latter day without demand of it  at the first day   cro it mich James in the common plead
CCCCIV the mayor OF LYNNS case indictment the mayor of Lynn be indict for that  he have receive twenty four shilling of one a for give of judgement in a  action of debt depend before he against one b and he be indict thereof as of  extortion in contempt speech owner queen contra form to cause to stand coke  the indictment be insufficient for there be not any statute to punish any  judge for such a matter for the statute of west cap be make against sheriff  cap clerk of justice cap the marshal and his servant statute h against sheriff  and other statute against ordinary but no action lie against a judge for that  which a judge receive be bribery and not extortion et satis pnae be judgment  quod god to have avenger and therefore he say the party indict ought to be  discharge gawdy justice if in the indictment there be word of extortion or  bribery although such a offence in a judge be not material extortion if these  word contra peace c have be in the indictment it have be good quod Clench to  go away and afterward the party be discharge Inst Leonard mich Elizabeth in  the king bench
ccccl frond and bat case debt payment to the wife not good in debt upon a bind  upon condition to stand to the award of I S the defendant plead that the say I  S have arbitrate that the defendant shall pay to the plaintiff To give back  and he say he have pay it to the plaintiff wife who receive it upon which the  plaintiff do demurrer and judgement be give for the plaintiff Leonard er p
CCCCLII MICHILL and whore case attachment of good by custom of Exeter error  michil do affirm a plaint in the court of the city of Exeter against Hore for  twenty pound and upon nothing return it be surmise that trosse have certain  money in his hand due to Hore and accord to the custom of Exeter the say money  be attach in the hand of trosse who appear upon the attachment and plead that  he owe nothing to Hore upon which there be a demurrer and judgement give  against trosse because that trosse ought to have plead not only that he owe he  nothing but further that he have not any good of whore in his hand and  thereupon trosse bring a writ of error and assign the error in the principal  matter upon which it be demurrer and judgement give against the plaintiff  because that the plea of trosse that he owe he nothing be good enough for if  there be not a debt it be not attachable upon such attachment and it be a good  plea to a common intent and altogether in use in London where such custom be  another error be assign for that Michill have recover cost against trosse  where it ought not to be and also judgement be not give that trosse shall be  discharge against Hore and afterward the judgement give in Exeter be reverse  Leonard er p Leonard mich Elizabeth in the common plead
CCCCLIV Willis and WHITEWOODS case lease surrender the case be that a be seize  of certain land hold in socage and lease the same to I S for many year and die  his heir within the age of fourteen year the wife of a be guardian in socage  lease the same land by indenture to the same I S for year if the first lease  be surrender or determine be the question Anderson surrender it can be for the  guardian have not any reversion capable of a surrender but only a authority  give to her by the law to take the profit to the use of the heir but yet  perhaps it be determine by consequence and operation of law as if a lease to b  for one hundred year and afterward grant Leonard the reversion to c for two  year who leas to b for two year who accept the lease the same be not any  surrender for a term of one hundred year can be drown in a reversion for two  year yet the first lease be determine which periam grant and by Windham if a  lease be make to begin at Michaelmas and before that time the lessor make a  new lease to the same lessee to begin present the same be not any surrender  and yet thereby the first lease be determine and so in the principal Leonard  er p case which Anderson grant but periam doubt of it and be say guardian in  socage have such a estate in the reversion that be may enter for a condition  break Anderson the same be not in respect of any estate that he have but in  the name and right of the heir and not b that reason of any reversion owe hut  Ant ante trin Elizabeth in the common plead
CCCCLV Norwood and Dennis case quare hinder in a quare hinder by Norwood  against Dennis the issue be if the advowson be appendant to the manor of d or  in gross and the jury find that it be appendant and further find that the  queen have right and title to present for she have present at the two last  avoidances Anderson and periam justice if it appear unto the court upon the  plead that the king have title to present the court shall award a writ to the  bishop for the king but here appear no title for the queen upon the plead but  only upon the verdict so as the one part or the other may answer to it and  because the jury have find for the plaintiff the title find for the queen  shall not be respect but as a mere nugation and surplusage for the same be out  of their issue and their charge and it be no more then if one come into the  court and inform we of any title for the queen there the court ought not to  regard it trin Elizabeth in the common plead
CCCCLVI green and the hundred OF BUCCLECHURCHES case action upon the statute  of hue and cry in a action upon the statute of hue and cry the case be that  green do deliver a certain sum of money to a carrier who put the same among  other thing in his cart and send a boy of the age of twelve year with the cart  before and he himself stay a short time in the inn and afterward go his way  and before be can et to the cart the cart be rob and the money carry away the  boy make buy and cry and come unto a justice of peace and pray he will examine  he but he will not but the carrier himself will not go to be examine wherefore  green himself go to a justice of peace to be examine and so be and afterward  bring this action and it be hold by the court that here the plaintiff have  fail of his action for want of sufficient examination for the servant who be  rob ought to be examine and the examination of the master or owner of the good  who be not present at the robbery be not at any purpose to enable the  plaintiff to this action for the party rob ought to be examine and it be say  by some that where a action do not lie upon the new statute of Elizabeth the  party may have a action upon the old statute but other be against it for the  statute of Elizabeth S in the negative so as if the action do not lie upon it  no action lie at all and it be move by periam and Anderson that the plaintiff  may have a action upon his case frame upon the say statute of Elizabeth  against the justice of peace who refuse to examine the boy Leonard but Windham  doubt of it because the justice of peace be a judge of record and for such  thing as be do as judge no action lie to which it be answer by periam and  Anderson that the examination in such case be not make by he as judge or  justice of peace but as a minister appoint for the examination by the statute  c cro Leonard er p trin Elizabeth in the common plead
cccclvii STEVINSON case debt in debt upon a bind the condition be that whereas  the plaintiff have covenant with the defendant that it shall be lawful for the  defendant to cut down wood for fireboot and hedgeboot without make any waste  or cut more than necessary and the plaintiff assign the breach in that  covenant which be in truth the covenant of the plaintiff that the defendant  have commit waste in fall wood c and the condition be to perform all covenant  and agreement and exception be take because that the condition ought to extend  but unto covenant to be perform on the part of the lessee but the exception be  not allow for it be the agreement of the lessee although it be the covenant of  the lessor the plaintiff trin Elizabeth in the king bench
CCCCLX trussel case habeas corpus execution trussel be remove out of the  counter of London by habeas corpus into the king bench Egerton the queen  solicitor move the court that trussel be a person attaint of felony and so  have not any land or good to satisfy c and also his life be not his own and  upon the return of the habeas corpus it appear that trussel be detain in  prison for a execution and for diverse action and it be the opinion of the  court that as to the execution he ought not to be discharge for then the party  shall lose his debt for ever but as to Leonard the other action it be the  opinion of all the justice that trussel ought to be discharge of they for a  man so attaint ought not to be put to answer nor take in execution and so be  all our book and they say that they have confer with the justice of the common  plea and with the baron of the exchequer which be of a contrary opinion in  this case upon the very matter and not upon the manner of the plead but yet we  will discharge our conscience as we have do for there be not a book against we  Egerton to stand super path antiquity and at last it be award that trussel  shall be discharge of all action bring against he Owen Rep cro   Inst post  trin Elizabeth in the king bench
CCCCLXI sovers case indictment upon the statute of h restitution soon and  other be indict upon the statute of h of forcible entry because they have  expulse one a out of his land and seize the mayor and commonalty of London who  be in reversion and the same be remove hither restitution be pray thereupon  and white for the city who be in reversion and the lessor pray that no  restitution may be for they have let the house to another and that be who have  procure this indictment claim in by a custom of London that the executor of  the last termor shall not be put out if he shall give as much for it as any  other will whereas in truth there be not any such custom and for that cause  the restitution be stay and it be say by the court that restitution shall be  always make to he in Leonard er p the reversion and not to the lessee for year  for he who be seize shall be restore and then the lessee may reenter Yelv die  trin Elizabeth in the king bench
CCCCLXII beal and carter case false imprisonment in a action of false  imprisonment the defendant justify because the plaintiff bring a child of the  age of six year and not above into the parish church of W the same ibidem to  leave behind volvisse to stretch out without keep or nourishment to the danger  and destruction of the child contra peace for which the defendant be constable  of the say parish arrest the plaintiff and put he in prison until he do agree  and promise to carry the child from whence it come upon which the plaintiff do  demurrer in law it be move that the justification be good for every subject  may do it a strong a constable and if in this case the child be so expose  shall be famish for want of nourishment it have be murder as it be hold at  Winchester before the Lord chief baron Elizabeth another exception be take to  the plea because he say a certain infant without name he and he ought to say a  certain infant to pardon but that exception be not allow another exception  ibidem to leave behind to stretch out but he do not say that he do depart from  it and then his meaning be not traversable or issuable or to be try by juror  see e gawdy justice it be a great offence in the plaintiff but the same ought  to be punish accord to law but the constable can imprison a subject at his  pleasure but accord to law I to stay he and bring he before a justice of the  peace to be there examine Wray if the defendant have plead that he stay the  plaintiff upon that matter to have bring he before a justice of peace it have  be a good plea fennor the justification have be good if Leonard the defendant  have plead that the plaintiff refuse to carry away the child so all the  justice be of opinion against the plea but they will not give judgement by  reason of the ill example but they leave the party to compound the matter Owen  Rep before pasch Elizabeth in the king bench
CCCCLXIII coal and wall case ejection guard lie not upon a copyhold estate in  a ejection watch the plaintiff declare that a be seize of the manor of d  within which manor be diverse copyhold of inheritance and that the custom of  the manor be that if any copyholder of inheritance of the say manor die his  heir within the age of year that then the lord of the manor may grant the  custody of his body and land to who he please and show that one Clevertie a  copyholder of inheritance of the say manor die his son and heir within the age  of year upon which the lord of the manor commit the custody of his body and  land to the plaintiff and the defendant do eject he and upon not guilty it be  find for the plaintiff it be move in arrest of judgement that this action will  not lie upon a copyhold estate quod totan curian to go away and yet it be say  that a ejection strong lie upon a demise of copyhold land by lease of a  copyholder himself but not upon a demise by the lord of the copyhold quod to  be concession and afterward the case be move on the plaintiff side and it be  say that this be but a action upon the case in the nature of a ejection strong  and this interest be not grant by copy but enter only into the court roll so  it be not a interest by copy but by the Leonard er p commonlaw for the word be  quod dominus To bring together custodiam c and do not say in curian and  afterward judgement be give for the plaintiff cro hob dyer trin Elizabeth in  the king bench
CCCCLXV crew and bail case error privilege a writ of error be bring upon a  judgement give in the common plea in a bill of privilege bring by a attorney  of the say court upon a obligation and Leonard er p upon the say judgement  issue forth process of execution upon which the defendant be outlaw and the  error be assign in this that upon that judgement process of outlawry do not  lie for capias be not in the original action and so be the opinion of the  whole court be upon a bill of privilege and the outlawry be reverse and the  error be assign in the first judgement because there be not fifteen day  betwixt the testae of e venire facias and the return of it but that be not  allow for it be help by the statute of Elizabeth cap cro trin Elizabeth in the  king bench
CCCCLXVIII Hoskins and STUPERS case assumpsit exposition of word in a action  upon the case the plaintiff declare that whereas the plaintiff have sell to  the defendant couple of Newland fish to the use of the defendant and in  consideration that he shall ship and shall bring and carry the adventure of  they from Bristol in portun of saint lucar and shall carry back again the  value of the say fish to London or Bristol secundum use trader the defendant  do promise that upon the arrival of the say fish in portun of saint lucar he  will give to the plaintiff and say that he arrive with the say fish ad portun  of saint lucar and that afterward he arrive with good of the value of the say  fish ad portun of London secundum use trader it be hold by all the judge that  in portun and ad portun be all one as the statute of be be quod sheriff to go  to ad locum lay waste yet he ought to enter into the land so the writ of to go  to ad curian in full curian to think over facias c another exception be  because he declare that he return with good to the value and do not say who  good they be but the exception be not allow for these word secundum use trader  imply that they be the good of the defendant quod to be concession per curian  and afterward judgement be give for the plaintiff trin Elizabeth in the king  bench
ccccv sir richard EGERTONS case in this case the wife of sir John townsend be  sentence in and in execution in the fleet for the cost of the plaintiff these  point be resolve by the court if a man be sentence in the starchamber to pay a  fine and to imprisonment and the to fail render his body to prison that  notwithstanding the body continue in prison the king shall be satisfy the fine  out of the profit of the delinquent land if a feme covert be sentence there  and she render her body to prison and there abide that the land of her husband  shall be sequester and the profit thereof for the fine of his wife and that  now upon the statute of recusancy the land of the husband for the recusancy of  his wife if he do not render her to prison and discharge the same if a man be  sentence in the starchamber to pay a fine and to have imprisonment and he  yield himself to prison that before his fine be also pay he shall not proceed  in any action at the commonlaw against the party in the same suit pasc James  in the common plead
CCCCVI crane and parkins case in trespass the defendant plead that the land in  which be parcel of the manor of Broughton Astley demisable by custom and show  that the custom of the manor be that if any tenant for life die that the lord  for three year fine ought to grant the same to his heir and plead a grant of  the manor to the Lord grey of Grooby and also plead Leonard another custom of  the say manor that if any tenant for life of the say manor have a wife and die  that the wife shall have in the land her widow estate and that after the death  of the wife that the son for a fine of three year pay to the lord shall have  it for his life and that the defendant claim as son accord to that custom the  plaintiff make title as lessee for year to the Lord grey of the manor and  traverse that there be not any such custom that the son for a fine of three  year pay shall have the land for his life Hutton say that the traverse be good  for if there be not any such custom that the son shall have it so for life  then ex consequence sequitur that there be not any such custom that the son  shall have it after the death of the wife or her surrender and therefore be  need not to traverse the last custom allege but the whole court be against he  and rule that the traverse be not good for he ought to have traverse the last  custom because there be several custom and the one be immediate to he the  other not and the defendant claim by the second custom and therefore the court  award that he shall amend his plea pasc James in the common plead
CCCCVI FOOLY and preston case in a action upon the case the plaintiff declare  that whereas John Gibbon be bind unto the plaintiff in in scribe obligatorio  seal his adorned with small figures and in person c recognito in form to cause  to stand Stapul the defendant in consideration that the plaintiff will deliver  to he the say write to read over promise to deliver the some again to the  plaintiff within six day after or to pay to he in lieu thereof upon which  promise the plaintiff do deliver to the defendant the say write but the  defendant have not nor will not deliver it back to the plaintiff to the great  delay of the execution thereof and the defendant do demurrer in law upon the  declare known Leonard er p cion it be object that here be no sufficient  consideration appear in the declaration upon which a promise may be ground but  it be the opinion of the whole court that the consideration set forth in the  declaration be good and sufficient and by Anderson it be usual and frequent in  the king bench if I deliver to you a obligation to rebail unto I I shall have  a action upon the case without a express assumpsit and afterward judgement be  give for the plaintiff cro Len hill and Elizabeth in the common plead
CCCCVII WALLPOOL and king case attachment in London William Wallpool be bind  to king by recognizance in the sum of l and king also be bind to Wallpool in a  bind of Wallpool accord to the custom of London affirm a plaint of debt in the  guildhall London against the say king upon the say bind of and attach the debt  due by himself to Wallpool in his own hand and now king sue execution against  the say Wallpool upon the say recognizance and Wallpool upon the matter of  attachment bring a hearing complaint and pray allowance of it and by gawdy  sergeant such a writ be allow in such case Elizabeth Anderson at the first  doubt of it but at last the court receive the say writ de bene be and grant a  supersedeas in stay of the execution and a to know facias against king but she  lege that Wallpool shall find good and sufficient surety that he will sue with  effect and if the matter be find against he that be pay the execution CCCCVIII  hill and Elizabeth in the common plead copyholder surrender a copyholder with  licence of the lord lease for year and afterward surrender the reversion with  the rend to the use of a stranger who be admit accord it be move if here need  any attornment either to settle the reversion or to create a privity and  Rhodes and Windham justice be of opinion that the surrender and admittance be  in the nature of a enrolment and so amount to a attornment or at least do  supply the want of it hob roll Len Leonard mich Elizabeth in the common plead
ccccxi style and miller case tithe a parson lease all his glebe land for year  with all the profit and commodity render S d pro omnibus expulsion demand and  afterward libel in the spiritual court against his lessee for the tithe  thereof the lessee obtain a prohibition see h Br this e avowry Wray tithe be  not thing issue out of land nor any secular duty but spiritual and if the  parson do release to his parishioner all demand in his land his tithe thereby  be not extinct and afterward a consultation be grant cro   Leonard er p trin  Elizabeth rot in the king bench
ccccxii lee and CURETONS case debt error in debt upon a obligation the  defendant plead non be factum and it be find for the plaintiff and judgement  give and afterward the defendant bring error and assign for error that the  declaration be per scribe suum obligate without say hic in curian lengthen to  which it be answer by coke that the same be but matter of form for which a  judgement ought not to be reverse for that the clark ought to put in without  instruction of the party and so it be hold in a case betwixt Barras and king m  Elizabeth another error be assign because the judgement be enter de fine  nothing because perdonat where it shall be quod to take in hand although the  plea be plead after the general pardon and for that cause the judgement  Leonard be reverse for if the pardon be not special plead the court can take  notice of it as it be hold in sergeant Harris case cro cro cro trin Elizabeth  in the king bench
ccccxiv DIERSLY and Nevels case in a action of trespass the defendant plead  notguilty and if he may give in evidence that at the time of the trespass the  freehold be to such a one and he as his servant and by his commandment enter  be the question and it be say by coke that the same may so be well enough and  so it be adjudge in Trivilians Leonard er p case for if he by who commandment  he enter have right at the same instant that the defendant enter the right be  in the other by reason whereof he be not guilty as to the defendant and  judgement be give accord roll Leonard mich and Elizabeth rot in the king bench
CCCCXIX WIGOT and clarks case Writ of right in a writ of right by Wigot  against clark for the manor of d in the comity of Gloucester the four knight  sword girdle do appear and take their corporal have that they will choose c ad  faciendum great assisam and by direction of the court they withdraw themselves  into the exchequer Chamber and there do return in parchment the name of the  recognitors and also their own name and at the day of the return of the pannel  by they make the knight and other be swear to try the issue and it be order by  the court that both the party sure the demandant and the tenant or their  atorneys attend the say knight in the exchequer Chamber and to be present at  the make of the pannel so as each of they may have their challenge for after  the return of the pannel no challenge lie and thereupon the say knight go from  the bar and within a short time after sit the court they return the pannel  write in parchment in this form nomina recognitorum c inter a to strive for b  to hold and so set down their name six other knight be esquire and four  gentleman and the justice do commend they for their good and sufficient pannel  and thereupon a venire facias be award against the say party trin Elizabeth  rot in the common plead
CCCCXL bear case formedon bar in a formedon by bear the defendant plead in bar  a warranty with asset and upon the issue nothing by descent it be find that  the ancestor of the defendant who warranty be plead in bar be seize of land in  the nature of gavelkind and by his will devise the same to his two son whereof  the defendant be the old and their heir equal between they to be divide and it  be adjudge no asset wherefore the devisee have judgement to have seize of the  land pasch Elizabeth in the king bench
CCCCXLI austin and smith case copyholder of grant rend the case be that Austin  be a copyholder by licence of the lord lease his copyhold to smith for ear  render rend and afterward by deed grant the rend to another to have during the  term c to which grant the lessee do attorn and pay the rend to the grantee it  be hold by gawdy justice that the rant be good but now it be but a rentseck  and it be say by some that the lessor can surrender such a rend unless be  surrender the reversion also quaere if the grantee may have a action of debt  for it it be conceive he can not for he be not party nor privy to the contract  nor have the reversion cro roll Inst a Litt b a Leonard pasch Elizabeth in the  king bench
CCCCXLII Underhill and savage case plurality prohibition archdeaconry savage  be present to a benefice and afterward be present to another and then purchase  a dispensation which be too late and then be qualify and afterward accept the  archdeaconry of Gloucester and Underhill who have the archdeaconry libel in  the spiritual court against the say savage where it be hold that all  ecclesiastical promotion in such case be void and now savage sue a prohibition  it be argue by Atkinson that the prohibition do lie for the patron have his  remedy by our law by a writ of right of advowson see e if avoidance be by  session or deprivation and the next presentment come in question it shall be  determine by the king court a d here when he accept of another benefice it be  session by the commonlaw but there ought to be a sentence but now there needs  not any sentence for by the statute of h the church be Self facto void but it  be object a archdeaconry be not within the statute for it be not any cure with  soul also a archdeaconry be a late promotion and therefore it can be void by  the statute Lewknor contra the patronage here do not come in debate but if the  defendant in the spiritual court will plead that the plaintiff be not patron  but such a one then a prohibition lie withal the justice grant and it be say  by Wray that a doctor of the civil law have be with he and affirm to he that  their law be that if one have a benefice with cure of soul accept a  archdeaconry the archdeaconry be void but he say that he conceive that upon  the statute of h the law be qualify by reason of a proviso there Leonard er p  sure provide that no deanery archdeaconry c be take or comprehend under the  name of a benefice have cure of soul in any article above specify
CCCCXLIII pasch Elizabeth in the king bench award one be bind to stand to the  award of two arbitrator who award that the party shall pay unto a stranger or  his assign l before such a day the stranger before the day die and b take  letter of Administration and if the obligor shall pay the money to the  administrator or that the obligor shall be discharge be the only question and  it be the opinion of the whole court that the money shall be pay to the  administrator for he be assignee and by gawdy justice if the word assignee  have be leave out yet the payment out to be make to the administrator quod  coke affirmavi
CCCCXLIV pasch Elizabeth in the king bench steward one sue in the king bench  for cost give upon a suit depend in the hundred court and the sum of the cost  be under S and the plaintiff declare that at the court hold before the steward  secundum experience manor predict it be object that the steward be not judge  in such court but the suitor to which it be answer by the justice that by a  custom in a hundred court a steward may be judge and so it have be hold and  here the plaintiff have declare upon the custom for the declaration be second  experience manor also the subject may sue here in the king bench for a lesser  sum than S as if S cost be give in any suit here suit to such cost lie here in  this court Leonard mich Elizabeth in the king bench
CCCCXLIX WOLLMAN and fie case assumpsit in a action upon the case upon  assumpsit that the plaintiff shall enjoy such land for so many year the  defendant plead the statute of Elizabeth because the land be the glebe land of  such a parsonage and in truth the defendant do misrecite the statute for the  statute be no lease after the fifteen day of may and the plead be hereafter to  be make second the statute be of any benefice with cure the plead be of any  benefice three the statute be without absence above eighty and the plead be  without absence by the space of eighty day and for these cause the plaintiff  have judgement cro trin Elizabeth in the king bench
CCCCXLVIII Crosman and read case intermarriage debt by executor the case be  that I S make his wife his executrix and die d be then indebt to the testator  in sixty pound upon a simple contract the wife executrix take to husband the  say I d I d make his executor and die a creditor of I S bring a action of debt  against the wife executrix of I S and upon the plead the matter in question be  if by the entermarriage of the wife with the debtor of the testator the same  be a devastavit or not and if the say debt of sixty pound due by I d shall be  asset in her hand and per curian it be no devastavit nor asset as be suppose  for the woman may have a action against the executor of I d and it be agree by  the court that if a man make his debtor and a stranger his executor and the  debtor die the survive executor may have a action of debt against the executor  of the debtor and so it be adjudge in the principal case cro mich Elizabeth in  the king bench
ccccxv savage and knight case error a writ of error be bring upon a judgement  give in Leicester in debt Tanfield assign for error because in that suit there  be not any plaint for in all inferior court the plaint be as the original at  the commonlaw and without that no process can issue and here upon this record  nothing be enter but only that the defendant summon to be c and the first  entry ought to be a b to express grief versus c c Clench justice a plaint  ought to be enter before process issue forth and this summons which be enter  here be not any plaint and for that cause the judgement be reverse ante cro  cro sty Yelv sty trin Elizabeth in the king bench
CCCCXVI Rawlins case in trespass for break his close by Rawlins with a  continuando itwas move by coke that the plaintiff need not to show a regress  to have damage for the continuance of the first entry sure for the mean profit  and that appear by common experience at this day gawdy justice whatsoever the  experience be I well know that our book be contrary and that without a entry  he shall not have damage for the continuance if not in case where the term or  estate of the plaintiff in the land be determine and to such opinion of gawdy  the whole court do incline but they do not resolve the point because a regress  be prove see h h post trin Elizabeth in the king bench
ccccxvii harris and baker case account damage in a account damage be give by  the jury and it be move that damage ought not to have be give by way of damage  but the damage of the plaintiff shall be consider b way of arrearage but see  the case h Eliz in the common plea betwixt collet and Andrews and see h in  account the plaintiff shall count to his damage but shall not recover damage  vide h h the plaintiff shall not recover damage express but the court shall  add a certain growth to the arrearage coke it have be adjudge that the  plaintiff shall recover damage ration implicationis non restraining back Len  Len Len ccccxviii mich Elizabeth in the king bench report date the word of the  statute h cap of rend be that the executor of a grantee of a rentcharge may  distrain for the arrearage of the say rend incur in the life of the testator  so long as the land charge do continue in the seize or possession of the  tenant in demesne who ought immediate to have pay the say rend so behind to  the testator in his life or in the seize or possession of any other person  Leonard or person claim the say land only by and from the say tenant by  purchase Leonard er p gift or dissent in like manner as the testator may or  ought to have do in his life time and now it be move to the court if a grant a  rentcharge to b the rend be behind b die a feoff c of the land in fee who  diverse year after feoff d who diverse year after feoff it be hold by Walmesey  periam and Windham justice against Anderson Lord chief justice that e shall be  Chargeable with the say arrearage to the executor of a but they all agree that  the lord by escheat tenant in dower or by the courtesy shall not be charge for  they do not claim in by the party only but also by the law hill Elizabeth in  the common plead
CCCCXX pory and allens case surrender the case be that lessee for year lease  for year and then the first lessee and one b by article in write make betwixt  they do conclude and agree that the lessee for year shall have a lease for  three year in the say land and other and that the same shall not be any  surrender of his first term to which article the say lessee for year do after  agree and assent unto and it be the opinion of all the justice of the court  that the same be not any surrender and they also be of opinion that one termor  can not surrender to another termor cro Owen post cro trin Elizabeth rot in  the common plead
CCCCXXI Glanville and MALLARYS case hearing complaint love case Glanville be  plaintiff in hearing complaint against Mallary upon a statute staple for that  the conusor be within age at the time of the acknowledge of it it be move for  the defendant that Leonard the court ought not to hold plea of this matter  because there be no record of the statute remain here and therefore by law he  be not compellable to answer it c and a precedent be disallow h where such a  plead be allow and judgement give that the defendant eat without die Leonard  er p vide Elizabeth dier but on the other side diverse precedent be show that  diverse such writ have be show in the common plea as Elizabeth love case and  the Lord Dudley and skinners case and thereupon it be adjudge that the action  do well lie in this court cro mich Elizabeth in the common plead
CCCCXXII pet and CALLYS case debt in debt upon a bind for performance of  covenant the case be I S by indenture covenant with I d that such a woman  videlicet r S at all time at the request and charge of I d shall make execute  and suffer such reasonable assurance of such land to the say I d or his heir  as the say I d or his heir shall reasonable devise or require I d devise a  fine to be levy by the say woman and require her to come before the justice of  assize to acknowledge it and the woman come before the say justice to that  intent and because the say woman at that time be not compos chin the say  justice do refuse to take the conusans of the say fine and this be aver in the  plead in a action bring upon the say bind for performance of covenant where  the breach be assign in not acknowledge of the say fine and upon the special  matter the party do demurrer in law and the opinion of the whole court be that  the condition be not break for the word be general to make such reasonable  assurance which c but if the word have be special to acknowledge a fine there  if the justice do refuse to take such acknowledgement the bind be forfeit for  the party have take upon he that it shall be do mich Elizabeth in the common  plead
CCCCXXIV Wilmer and OLDFIELDS case award in debt upon a bind the condition be  to perform the award of I S c the arbitrator make award that the defendant  before such a day shall pay to the plaintiff or otherwise procure one a be a  stranger to the bind to be bind to the obligee for the payment of per annum to  the plaintiff for his life the defendant plead the performance of the award  general the plaintiff assign Leonard the breach of the award in this that the  say a have not pay the say without speak of the cause of the award of the per  annum upon which the defendant do demurrer in law it be hold by the whole  court that the replication be good for the award as to the second point be  mere void as if no such award at all have be because a be a stranger to the  award and the submission but as to the point Leonard er p of the the same be  good and shall bind the party and the plaintiff have judgement to recover vide  e e before cro mich and Elizabeth rot in the common plead
CCCCXXV fabian and Windsor case lease demand of rend condition take strict in  trespass for enter into his house or inn at Uxbridge it be find by special  verdict that the plaintiff lease to the defendant the say house for seven year  render rend at the feast of the annunciation of our lady and saint Michael c  with condition that if the say rend shall he behind by the space of ten day c  that it shall be lawful to the lessor to reenter and afterward at the Feast of  the annunciation Elizabeth the rend be behind and the ten day after the lessor  come to the say house a quarter of a hour before the sun set and demand the  rend in these word I demand three pound be shilling for a half year rend of  this house now due and there continue till the sun be set but no rend be pay  but note that the issue be if he come to the house half a hour before sun set  and there continue demand the half year rend of the premise due at the Feast  of the annunciation of our lady then last pass it be move by Fenner that upon  this verdict the issue be no find for the plaintiff I the issue be upon the  half hour and the quarter part of the hour be find the issue be if the demand  be of the rend due at the Feast of the annunciation pass and the verdict be  for rend due at the time of the demand c and it be the opinion of Anderson  periam and walmesley that as to the first point the verdict be good enough for  the plaintiff Windham contrary but it be agree by they all that if in demand  of rend ut above the lessor or any on his part do demand one penny more or  less than be due or in his demand do not show the certainty of the rend and  the day of payment of it and when it be due the demand be not good for a  condition which go in defeazance of a estate be odious in law and no reentry  in such case shall be give unless the demand be precise and strict follow cro  mich Elizabeth in the common plead
CCCCXXVI elm and MELDCALFES case it be hold for law by the whole court that if  one of the witness after the jury be depart from the bar do repeat unto the  jury the same evidence which he give before and no more that that do make the  verdict to be void cro Leonard mich Elizabeth in the common plead
CCCCXXVIII Bighton and SAWLES case in a action upon the case it be agree by  the whole court that where judgement be give that the plaintiff shall recover  and because it be not know what damage therefore a writ issue to inquire of  the damage that the same be not a perfect judgement before the damage return  and adjudge and therefore they also agree that after such award and before the  damage adjudge that any matter may be show in court in arrest of the judgement  and by periam justice the difference be where damage be the principal thing to  be recover and where not for if damage be the principal then the full  judgement be not give until they be return but in debt where a certain sum be  demand it be otherwise cro pasch Elizabeth in the common plead
CCCCXXX Oglethorpe and hide case debt in debt upon a bind for the performance  of covenant it be hold by the whole court that if the defendant plead general  the performance of the covenant and the plaintiff do demurrer general upon it  without show cause of demurrer judgement shall be give accord to the truth of  the cause for that default in plead be but matter of form and be aid by the  statute of Elizabeth but if any of the covenant be in the disjunctive so as it  be in the election of the covenantor to do the one or the other then it ought  to be special pIeaded and the performance of it for otherwise the court can  know what part have be perform mich Elizabeth in the common plead
CCCCXXXI tracy and ivies case dower in dower by Margaret Tracy against ivy the  case be that John finch be seize and feoff Shipton and other of two part of  the land to the use of himself and the defendant his then wife and their heir  forever with condition that if his say wife do survive he she shall pay such  sum of money not exceed two hundred pound to such person which the feoff by  his last will shall appoint and afterward he declare his will and thereby  appoint certain sum of money to be pay to diverse person amount in the whole  to the sum of one hundred and fifty one pound and by his say will devise the  residue of his land to diverse of his kindred have no issue and die the wife  marry Tracy and they bring dower against the devisees who plead the feoff  aforesaid and aver the same be make for the jointure of the demandant and  because that no other matter or circumstance be prove to verify the averment  the court incite the jury to find for the demandant which they do accord    Vernons case mich Elizabeth in the common plead
CCCCXXXII bind and richardson case debt in debt upon a bind the condition be  to pay a lesser sum such a day and at such a place the defendant plead payment  accord to the condition upon which they be at issue and it be find by verdict  that the Iesser sum be pay such a day before the day contain in the condition  of the bind and then receive and upon this verdict judgement be give for the  plaintiff for the day be not material nor the place but the payment be the  substance cro Leonard er p Leonard trin Elizabeth in the common plead
CCCCXXXIII marsh case trover and conversion good come to a feme covert by  trover and she and her husband do convert they to their own use it be hold per  curian that the action upon the case shall be bring against the husband and  wife and not against the husband only for the action do sound in trespass and  it be not like unto detinue for upon a detainer by the wife the action lie  against the husband only trin Elizabeth in the common plead
CCCCXXXIV CORBETS case debt Pleinment administer a action of debt be bring by  original writ against a administrator in another county than where the  administrator be commorant and before notice of the suit he pay diverse debt  of the intestate due by specialty and so he have not asset to pay the debt in  demand have asset at the day of the testae of the original and now the  defendant appear plead this special matter and conclude so he have nothing  remain in his hand and it be hold per curian to be a good plea see h Len cro  mich Elizabeth in the common plead
CCCCXXXIX hare and OKELIES case trespass exposition of word Michael hare and  other bring a action of trespass against Okelie for break of their close and  carry away their corn and upon not guilty it be find by special verdict that  the say Michael hare be sole seize of the say close where c and so seize to  put out ad agriculture England do put forth to tillage the say land to the  other plaintiff in form follow videlicet that the say Michael shall find one  half of the corn sow and the other plaintiff the other half and that the say  land shall be plough and till and the corn thereof come shall be reap and cut  at the charge of the other plaintiff and so cut shall be divide by the shock  and the say Michael to have the one half and the other plaintiff the other  half c and it be the opinion of the whole court that notwithstanding these  word to put out ad agriculture that no estate in the soil pass to the other  plaintiff but the say Michael do remain sole seize as before but by Anderson  upon the severance of the corn peradventure a property in the say corn may be  in all the plaintiff but because it appear that Michael be sole seize and the  other plain Leonard er p tiffs have not any thing in the land therefore it be  adjudge that they can not join in the action of trespass for break of the  close and therefore it be award by the court that the plaintiff nothing car  per breve trin Elizabeth in the common plead
CCCCXXXV Gillam and lovelace case Administration Katherine Gillam  administratrix of John Gillam bring ejection strong against Leonard Lovelace  and upon not guilty plead it be find for the plaintiff it be move for the  defendant in arrest of judgement that the declaration be not good because the  grant of letter of Administration be set forth in this manner videlicet  Administratio comma to be to express grief per William lewen substitute  general in Of epi Roff without aver that at the time of the grant of the  letter of Administration the bishop be in to move back ritual for a bishop  present in England can have substitute but as to that it be say by the whole  court that the vicar general in Of amount to a chancellor for in truth the  chancellor be vicar general to the bishop another exception be because the  declaration be not epi Roff loci that ordinarii but that be not allow for all  the precedent and course of the court be that by way of declaration such  allegation needs not but by way of bar it be necessary another exception be  take because the plaintiff have declare of a ejectment and also quod good  catalla ibidem invent to take in hand c and here in the verdict the damage as  well for the ejectment as for the good and chattel be entire tax it be adjourn  Leonard mich Elizabeth in the common plead
CCCCXXXVI grieve case replevin devise in a replevin the defendant make  conusans as bailiff to one grieve and rockwood c and say that a be seize of  the land and Elizabeth feoff certain person in fee to the use of his last will  by which he will that his feoff shall Leonard er p stand seize of the say land  until the say grieve have levy of the profit of the say land the sum of one  hundred pound it be object against this conusans that here be no devisee for a  at the time of the devise have not any feoff but the exception be disallow by  the court and they cite the case of Elizabeth dyer to lick case a make a feoff  in fee to his use and afterward devise that his feoff shall be seize to the  use of his daughter that the same be a good devise of the land see e Br devise  Poph mich Elizabeth in the common plead
CCCCXXXVII Kempton and cooper case bar in trespass for break of his close the  defendant plead that before this he have bring a ejection strong against the  now plaintiff and recover and have execution c judgement if action c and by  periam Windham and Anderson justice the same be a good bar and the conclusion  of the plea be also good judgement if action without rely upon the estoppel  Len mich Elizabeth in the king bench
ccci vernon and sir thomas STAVELEYS case discontinuance tenant in tail make a  lease for the life of the lessee accord to the statute of h and by Wray and  gawdy justice the same be not a discontinuance but if tenant in t levy a fine  which bind his issue by the statute of h h that same be a discontinuance look  upon the statute of lease and of fine the word in the former be sure such fine  shall be good and effectual in the law but in the other sure such fine shall  be a bar against the conusor and his heir and if tenant in tail after such a  fine die without issue the donor can enter but be put to his formedon and as  to the principal case dyer agree in opinion with Wray and gawdy trin Elizabeth  rot Milborne v inhabitant Dunmow er cccii Milborne and the inhabitant OF  DUNMOWES case upon statute of hue and cry Milborne bring a action upon the  statute of Winchester against the inhabitant within the hundred of Dunmow in  the county of Essex it be find by special verdict that the plaintiff be rob  the of April inter horan sencundam early tem poor nocturnal ante lucen the  same a day and the opinion of the court be clear that the plaintiff shall be  bar for the say statute provide for ordinary travel as in the case of Archpole  who come to his inn after sunset and ante night in tempore Book of Hors which  be a usual time for traveller to come to their inn but the law do not receive  any in protection of this statute which travel in extraordinary hour for it be  the folly of the traveller to take his journey so out of season and the  inhabitant be not bind to leave their house and attend the highway tempore  nocturnal and another reason be allege by the justice because that the say  statute appoint watch to be keep in the time of night a holiday assensiones  usq holiday consecrated mich and this robbery be do the of April so out of the  say time and afterward judgement be give against the plaintiff
cccii chamberlain case cattle take in withernam work in this case it be move  whether beast take in withernam may be use and work by the party as his proper  beast and it be say by the court that beast distrain as cow can not be milk  nor horse wrought but they ought to be put in the pound open and there the  owner may milk they and fodder they but if cow be take in withernam because  they be deliver to the party in lieu of his own cattle be may milk they or if  they be ox or horse reasonable work they otherwise he shall be at great charge  of keep and pasture of they and no profit or consideration for it Anderson it  shall be a great inconvenience to the commonwealth for if the cow be not milk  the milk be lose and also the cow impair thereby Owen Rep cro Len mich  Elizabeth in the common bench
ccciii mich Elizabeth in c b this case be put to the court a copyholder do  allege the custom of the manor to be that the lord of the manor may grant copy  in the remainder only with the assent of the tenant and not otherwise and that  copy in remainder otherwise grant shall be void it be demand of the Leonard  court if this be a good custom or not the justice do forbear to deliver any  opinion three the case walmesley sergeant that it be a void custom for that  the law do not take notice of copyholder estate they be but tenant at will in  the judgement of the commonlaw and therefore it be not reasonable that their  will and pleasure shall limit the lord of the manor in grant of estate by copy  and therefore be say such a custom be void and be compare it to the case in h  that a custom that a commoner shall not use his common before that the lord  have put in his cattle be hold to be a void custom on the other side it be say  that this custom may have a lawful beginning and that it may be ground upon  the reason of the commonlaw that a remainder shall not be without the assent  of the particular tenant and therefore that the custom may be good and it be  say that wife shall not have her dower unless she claim it within a year and a  day that the same be adjudge to be a good custom the court deliver no opinion  in the case but the case be adjourn to another time
ccciv mich Elizabeth in c b the case be a man devise socage land to his  brother son in tail to have the same at his ague of ear and die have issue a  daughter the nephew after year enter and levy a fine and afterward accomplish  his age of twentyfive year it be the opinion of the whole court that the issue  of the devisee be bar by this fine for the heir in tail and the heir in feed  be all one by the statute of h and it be hold that this be not a fine which do  enure by way of Leonard er p estoppel but that it passes the very right it be  say to be the same law if one who have but a condition levy a fine and  afterward enter for the condition break c hill Elizabeth in the king bench
ccciv trin Elizabeth in the common plead executor action the case be a make b  and c his executor they take upon they the charge of the Administration and  afterward b die and now a action of debt be bring against the survive executor  and the executor of the other executor and the writ be abate because against  the survive executor it ought only to be bring pasc Elizabeth in the common  plead
cccix constable and Farrers case in a action upon the case upon a assumpsit  the plaintiff declare that whereas the defendant have bring a action against  he the issue in which ought to be try at the next assize at n the defendant in  consideration that the now plaintiff shall confess the action aforesaid at the  assize hold the that of August promise that he will stand to the arbitrament  of I S for the say matter and upon non assumpsit the jury find that the  defendant make such a promise the that of August but not the that of August  cook I conceive that upon this verdict the plaintiff shall have judgement for  in truth the assize begin the that of August and the consideration be that the  now plaintiff shall confess the action at the same assize which although they  continue diverse day yet in law all be but one day and all the assize shall be  say to be hold the that of August so as of necessity we must lie the promise  accord and it be a clear case that the plaintiff in a action upon the case  shall declare upon a promise the first day of may and if it be find that it be  make at another day yet the plaintiff shall recover Leonard mich Elizabeth in  the king bench
cccix Dawbney and gore case between Dawbney plaintiff and gore and go  defendant in a writ of disceit in arrest of judgement it be move that two be  Accountable to one and the one of they account without the other that that be  not any account and then no account can be assign in that as to that it be say  by Popham attorneygeneral that notwithstanding that one be not compellable to  account without his companion and by way of action of account the one shall  not account without the other Leonard unless the process be determine against  he and then he who appear have account and the other against who the process  be determine have purchase his charter of pardon the account make by his  companion shall bind he vide ind e yet if one of the accomptants will account  Willing the same be a good account and in account if one confess and the other  plead in bar the confession of the one shall bind the other and such be the  opinion of the court another matter be Leonard er p move in this case because  that one Tedcastell and Swinnerton be Accountable to the say gore and Dawbney  they have account to Dawbney only and be alone have accept of the account and  that be not any account therefore no desceit but the action of account do  remain to which it be answer by Popham that the same be a good account be  accept by Dawbney and shall bind the gore for a account be a personal thing as  a obligation which may be release by one of the oblige vide e where one be  Accountable to two and the one of they do assign auditor before who the  accountant be find in arrearage and thereupon both of they bring debt upon  account and well and so none of the exception be allow by the court mich  Elizabeth in the common plead
cccl Elizabeth in the king bench the case be that a take hold ad satisfaciend  be deliver to the sheriff and after the sheriff do arrest the party against  who the capias issue by force of a capias Utlagatum and then the party in the  capias come to the sheriff and pray that the party remain in execution for his  debt also and notwithstanding that the sheriff let the prisoner go at large  and upon both writ return non be invention it be the opinion of all the  justice that the sheriff be not bind in point of escape to detain the prisoner  for the debt of the plaintiff and it be not like where one be in Leonard er p  the fleet in execution there if other condemnations in other court be notify  to the warden of the fleet be shall be Chargeable with they all it be hold  also per curian that if the body have be return by capias utlagatum that the  court at the prayer of the party will grant that the prisoner may remain in  execution for the debt as in case of a capias pro fine   Elizabeth in the  common plead
cccl gardener and the hundred OF read case Andrew gardener bring air action  upon the statute of Winton of hue and cry against the inhabitant of the  hundred of read in the county of Berks and declare of a robbery commit by  person unknown on his house it be the clear opinion of the whole court that  the action will not lie for that this offence be not proper a robbery intend  by the say statute to be pursue but rather a burglary and robbery commit in  the highway only be relieve within this statute and by Anderson every man be  bind to guard his house at his peril for his own safety
cccl trin Elizabeth in the king bench the case be lessee for life of another  bargain and sell by deed indent and enrol and afterward levy a fine to the  conusee sur conusans de law come Ceo c it be hold by the whole court that it  be a forfeiture of his estate for when the bargainee be now tenant for the  life of another accept a fine of a stranger sur conusans de law e that he  admit the fee in he by matter of record otherwise it be of a fine sur release  and by manwood if lessee for life be seize and levy a fine to the seize sur  conusans de law e the lessor shall reenter quod dyer to say no because that  the lessor at the time of the fine levy have not any thing in the reversion  but only a right manwood put this case land be give to a and b and to the heir  of b they be seize by two a release to one of the disseizors now they be  joyntenants but for a moiety and the estate in the other moiety be change into  a estate for life trin Elizabeth in the common plead
cccli mich Elizabeth in the common plead in a replevin the defendant make  conusans as bailiff to grieve and rockwood and say that one a be seize and  Elizabeth feoff certain person in fee to the use of his last will by which he  will that his feoff shall stand seize of the say land until grieve have levy  of the profit thereof and against this conusans it be object that here be no  devise for a at the time of the devise have not any feoff but the exception be  disallow by the court and they cite the case Elizabeth dyer to lick case a  make a feoff in fee to his use and afterward devise that his feoff shall be  seize to the use of his daughter that the same be a good devise of the land  see h Br title devise mich Elizabeth in the common plead
cccli the lord saint John and the countess OF ken case grant of executor of in  all respects good svan in evidence give to the jury in a action of debt bring  by the plaintiff against the defendant it be say by dyer and manwood justice  that if executor grant in all respects good svan that the good which they have  as executor do not pass which see e b by Danby but the contrary be hold by  Wray chief justice of the king bench and by Plowden in Bracebridges case p  Elizabeth and they deny the opinion of e to be law for by such grant make b  executor the good of the testator do pass cro
cccli the queen and the bishop OF NORWICHS case in a quare hinder the case be  that the title to present to the church be devolve to the queen by lapse the  patron himself present and his clerk be induct and afterward deprive it be the  opinion of the whole court that if the deprivation be without any covin that  the title of the queen by lapse be go Leonard er p Leonard trin Elizabeth in  the common plead
ccclii Elizabeth in the common plead abatement of Writ account note it be say  by dyer and manwood justice that if one be condemned in a action upon the case  or trespass upon nothing to say or demurrer c and a writ issue forth to  inquire of the damage and before the return of it the defendant die that the  writ shall not abate for the award of the say writ be a judgement and it be  say by manwood in a writ of account the defendant be award to account if the  defendant account and be find in arrearage and die the writ shall not abate  but judgement shall be give that the plaintiff shall recover and the executor  shall be charge with the arrearage and yet account do not lie against they Len
ccclii Hambleden and HAMBLEDENS case note the case of Hambleden and Hambleden  for the principal case see mich Elizabeth Leon light be this term adjudge upon  the devise that the survivor shall be each other heir it be hold that all the  survive brother be jointtenants and although this word survivor be in the  singuiar number yet in sense upon the whole matter it shall be take and  construe as for the plural number survivor shall be each other heir I e each  survivor I e every survivor I e all the survivor and then in this case the  plaintiff and the defendant be jointtenants can maintain a action of trespass  one against the other Len cro and
cccliii neals case in a false imprisonment by Neal against the mayor sheriff  and commonalty of the city of Norwich the writ be direct to the coroner of the  say city and exception be take to the writ because it be not direct to the  sheriff of the same city but to the coroner but the exception be disallow by  the court for the sheriff be part of the corporation and also it have be  adjudge that a sheriff can summon himself the writ be hold good Leonard er p
cccliv Elizabeth in the common plead forfeiture tenant for life bargain and  sell his land to a and his heir and afterward levy a fine to the bargainee sur  conusans de law come Ceo c it be hold by the court that it be a forfeiture  commit by the bargainee not by the bargainor who at the time of the fine have  nothing to forfeit and it be say by manwood justice that if tenant for life be  seize and take a fine ut above of a stranger it be a forfeiture and yet he in  the reversion have but a right in reversion so that if tenant for life be  seize and the seize commit waste he in the reversion shall have a action of  waste against tenant for life and if two tenant for life be seize by two a and  b and one of the tenant for life do release unto a and the other tenant for  life do reenter he have the moiety in common with the other to who the release  be make and he have revested the entire reversion in he in who the reversion  be before c Len Len ccclv Elizabeth in the common plead
cccliv leveret and townsend case in a action upon the case for disturb he of  his common the plaintiff declare that the be seize in fee of a message and  certain land and that be and all those who estate he have have common of  pasture in acre of land call d from the time that the corn be reap until it be  sow again and also common of pasture in land call r omni tempore striving as  appendant to the say message and land and that the defendant have blow the say  land and so disturb he of his common it be move in stay of judgement that it  appear here that the plaintiff be seize in fee and so he ought to have a  assize and not a action upon the case but the exception be disallow by the  court vide ind h Elizabeth dyer r title action upon the case cro Len ante  Leonard mich Elizabeth in the king bench
ccclix downhall and CATESBYS case in a formedon by downhall against Catesby  the party be at issue and it be try by nisi prius it be move in banc because  that some of the juror do eat and drink before that they give their verdict  that the court will not receive the postea the court say that we can do here  for we do not know if your information be false or not and that matter ought  to have be examine by the justice of nisi prius and they ought to certify we  of it and then we shall have good cause to stay it and it be then say there  that if any of the juror eat and drink before the verdict at their own cost  that the same do not make the verdict void but otherwise if it be of the cost  of the plaintiff or the defendant Len Leonard mich Elizabeth in the king bench
ccclix Elizabeth in the common plead be view in a action of waste of waste  assign in a wood the jury view the wood only without enter into it and it be  hold that the same be sufficient for otherwise Leonard er p it shall be  tedious for the jury to have have the view of every stub of a tree which have  be fall yet mead justice say that if waste be assign in several corner of the  wood then the jury be to have the view of every corner but contrary where  waste be assign in the whole wood and if waste be assign in every room of a  house the view of the house general be sufficient and dyer justice say that if  waste be assign in several place and of some of they the jury have not the  view of that they may find no waste do Leonard Elizabeth in the common plead
ccclix mich Elizabeth in the king bench a man seize of a manor in which there  be diverse copyhold and the custom there be that if any copyholder leas his  land above the term of one year that he shall forfeit his copyhold a  copyholder commit such a forfeiture and afterward the lord lease the manor for  year and the lessee enter for the forfeiture and Weston say that his entry be  not lawful for although that the heir man enter for a condition break in the  time of his ancestor because he be privyin blood yet the lessee or feoff can  do so for he be a stranger Leonard such a one of who a estranger shall not  take advantage dyer if this forfeiture be preserve by homage and enrol in the  court roll the lessee may well afterward enter for by the forfeiture the  copyhold estate be void and determine as if a lease for year be make render  rend upon condition to cease if the rend be not pay here present by the not  payment the interest of the term be determine and of that the grantee of the  reversion shall have advantage
ccclv Owen and Morgan case George Owen bring a to know facias against Morgan  to have execution of a fine levy Elizabeth by which fine the land be give to  the conusee and his heir and the conusee render the same to husband and wife  note that the husband be the conusor the remainder in fee to the now demandant  and note that the writ of covenant be between the conusee plaintiff and the  husband deforceant without name of the wife and afterward the husband suffer a  common recovery without name of the wife the husband and wife die without  issue and now Owen to who the remainder in fee be limit by the fine bring the  to know facias in bar of which the recovery be plead it be argue by sergeant  Shuttleworth that the recovery have against the husband only be a good bar and  shall bind the remainder and be say that the wife ought not to be name in or  party to the recovery for nothing accrue to her by the fine because she be not  party to the writ of covenant nor party to the conusance and none can take by  the render who be not party to the writ of covenant and to the conusance vide  h fine nun can take the first estate by the fine but those who be name in the  writ of covenant c but every stranger may take by remainder vide e Br fine e  fine e to know facias it be say by Horton if such a fine be accept it be good  the case be adjourn ante
ccclvi a seize of a manor to which two part of the advowson be appendant  present and afterward alien the manor with the appurtenance the alienee  present and purchase the three part of the advowson and present againone a who  be chaplain to the duke of Rutland and have a dispensation from the pope  Elizabeth before Leonard er p the statute be repeal and be institute and  induct and afterward accept of a plurality videlicet another benefice and die  Elizabeth the queen present for lapse and her cIerk be institute and induct  the say lord of the manor die seize inter alian and that manor be allot to the  wife of d for her part and be bring a quare hinder it be move if d shall not  join in the quare hinder with he who have the three part and by Walmsley be be  not to join in it e by Brian if a advowson descend Leonard to four coparceners  and they make partition to present by turn and the three do present when the  second ought for that time the presentment be go but when it come to his turn  again he shall present which prove that they be as several tenant and  therefore ought not to join c it be adjourn temps roign Elizabeth in the king  bench
ccclvi Elizabeth in the common plead seize the case be this lord and tenant by  service to pay every year such a quantity of salt but since h the tenant have  always pay the money for salt the question be if the lord may resort to the  first service and if the money be seize of the salt and manwood take this  difference I e where the lord take a certain sum of money for the salt the  same be not any seize for the service be alter as at the first socage tenure  be a work do by labour I e blow but now it be change into certain rend and the  lord can resort to have his blow and in ken diverse tenant in ancient time  have pay barley for their rend but the same afterward be pay in a certain sum  of money so as now the Lord of Canterbury who be lord of such tenement can now  demand his barley c but if the sum which have be use to be pay be incertain  one year so much accord to the price of salt then such a payment of money be a  sufficient seize of the salt quod to be concession per curian Leonard er p
ccclvi pendleton and green case Pendleton sue green in the spiritual court for  tithe who plead that Pendleton be not lawful incumbent but one tailor and that  plea those of the spiritual court will not allow to the parishioner to plead  to the right of the incumbency and thereupon be pray a prohibition for  otherwise he shall be twice charge for tithe and therefore a prohibition be  grant ante Len Leonard mich Elizabeth in the king bench
ccclvii Elizabeth in the common plead account by the heir of a copyholder  custom in account bring by a heir copyholder for the profit of his copyhold  land take during his nonage the defendant plead that by the custom of the say  manor the lord of the manor may assign one to take the profit of a copyhold  descend to ail infant during his nonage to the use of the assignee without  render a account and the same be hold to be a good custom as a rend grant to  one and his heir to cease during the nonage of every heir but admit that the  custom be void yet this action do not lie for the defendant have not enter and  take the profit as prochein any in which case although he be not prochein any  c he be Chargeable as prochein any accord to his claim but here be claim by  the custom and grant of the lord and not in the right of the heir and  therefore it be adjudge in this time of this quaere that if one enter into  land claim by devise where in truth the land devise be entail he shall not be  charge in account c Owen Rep
ccclvii KNEVYTT and copes case Knevytt bring ejection strong against cope and  declare quod cum John Hopkins by his indenture bear date the of man Elizabeth  have let to he his house and two yardlands contain acre of land meadow and  pasture at Tythingham de Forecomb in parochian de S c upon not guilty plead  the venire facias be de Tythingham de Forecomb exception be take by cook that  the declaration have not any certainty for it be not show in certain how much  there be of meadow how much of land and how much of pasture there be contain  in the say two yardlands and the jury may find the defendant guilty as to the  land only but not to the residue also he have not show in the declaration when  the lease be make but only say that by indenture bear date the of may c but do  not show any day of delivery of the indenture for then the lease take effect  to which exception it be say by the court that the declaration as to that be  good enough for it shall be intend to have be deliver at the day of the date  another exception be take to the visne because that the visne ought to be of  the parish and not of Tythingham c see h forcible entry in the manor of b in b  the visne shall not be of the manor of b but of b gawdy justice you shall  never have a visne of the parish for diverse town may be in one parish but  here the visne be good of Tythingham c for it may be that it be a town cook it  be but a ville well known from which a visne can come Len ante Leonard er p  mich Elizabeth in the king bench
ccclvii the precedent OF corpus Christ college case note it be hold by  Cholmley sergeant Plowden and many other in the case of the precedent of  corpus Christ college in Oxford that if the say master or precedent of any  such college by his will devise any land to his college and die such devise be  void for at the time when the devise shall take effect the college be without  a head and so not capable of such devise for it be then a imperfect body and  so it be hold by the justice upon good advice take thereof
ccclviii tailor and fisher case tailor bring a action of trespass against  fisher for enter into his house and take and carry away of his good to which  the defendant plead that before the trespass suppose oneA be possess of the  say good and the say good be in the house of the say plaintiff the say a sell  they to the defendant by force whereof he be possess and so possess come to  the plaintiff house where c and by assent and licence of the plaintiff wife he  enter into the say house and Leonard carry away the say good c upon which  there be a demurrer it be hold that the same be no plea for there be no colour  give to the plaintiff and the licence give by the wife be not any matter for  the justify of the entry and as to the good the plea be hold good for if a may  sell they be in the house of another and not in his own possession be  scrupulous to the laypeople Wray if the good of the defendant be in the house  of the plaintiff with the knowledge of the defendant it have perhaps be a good  plea but that be not allege here cook e in trespass for break of his pound the  defendant say that he come to the place where the cattle be impound and there  find the plaintiff wife to who he offer pledge for the cattle impound to make  amends accord to reason and pray to have deliverance of the cattle and the  plaintiff wife deliver they without that that he break the pound c and it be  say that this want of colour be but matter of form which he ought to have  allege upon his demurrer or otherwise be shall not have advantage of it Wray  justice the defendant in his plea do not meet with the plaintiff therefore the  plea be not good in substance it be adjourn pasch Elizabeth in the common  plead
ccclviii temps roign Elizabeth in the king bench in a warrantia paper the  defendant say that the plaintiff have hot any thing in parcel of the land the  day of the writ bring if in a praecipe quod To give back the tenant alien and  afterward vouch the vouchee be not bind to enter into the warranty but here in  this case it may be that at the time that the plaintiff request the defendant  to warrant he be tenant of the land in which case the warranty be attach and  then if ever the land be recover against he he shall have this writ and of  this opinion be brown justice for the land which the defendant have at the  time of the request be bind by the request but if he alien after the request  be shall not have the warranty
ccclx sir thomas lees case see Savill brother limit v bethell Ch election it  be hold per curian that whereas sir Thomas lee be seize of a manor and alien  the manor except one close parcel of the say manor call Newdick and there be  two close parcel of the say manor call Newdick the one contain nine acre and  the other contain three acre that the alienee shall not choose which of the  say close he will have but the alienor or feoff shall have the election which  of the say close shall pass
ccclx WITHRINGTON and DELABARS case in a appeal of murder by Withrington  against delabar of the death of her husband the defendant plead never  accoupled in lawful matrimony and plead over not guilty the plaintiff reply  lawful accoupled but do not reply over to the felony it way move as a  discontinuance of the whole Wray if the defendant plead matter tryable at the  commonlaw and over to the felony there the plaintiff ought to reply to both  but where the first matter be not tryable by the commonlaw there the same be  not needful quod the other justice to go away Leonard er p mich Elizabeth in  the king bench
ccclxi Elizabeth in the common plead fine levy by tenant in tail in remainder  tenant in tail the remainder in tail c tenant in tail in possession make a  lease for three life accord to the statute of h and afterward die without  issue be in the remainder before any entry levie a fine the same be good for  by the death of tenant in tail without issue the freehold be vest in he in the  remainder in tail and of that opinion be the whole court cro Elizabeth in the  common plead
ccclxi lake case see Shoppee v Nathan company Q b Stephen lake commissary of  the bishop of Canterbury Fr Alredge register d r hunt apparitor be indict of  extortion that they multicolored a service of oneself have wickedly accept and  receive S d for the absolution of one b who be excommunicate where they ought  to have but S d and exception be take to this indictment because that all  their offence be put together sure multicolored a service of oneself whereas  the particular offence of every offender ought to be special set down but here  they be confound which see by the statute of e that ordinary shall not be  impeach by such general indictment unless they say and put in certain in what  thing and of what and in what manner the say ordinary have commit extortion  but that exception be not allow for of that the party grieve can have notice  for they take in gross and afterward part it betwixt they another exception be  because it be not show what be their due fee and that be conceive to be a good  cause of exception and if no fee be due the same ought to appear in the  indictment and afterward the opinion of the court be that they shall be  discharge Leonard hill Elizabeth in the common plead
ccclxii doughty and prideaux case action upon the case by doughty against  Prideaux for these word thou art a wicked and perjure fellow and art forswear  in the court of starchamber as appear by a exemplification here under the seal  of this court the defendant justify because of a bill exhibit in the same  court by one brook against the now plaintiff for conspire with another to  endict the say brook of certain felony and the defendant now plaintiff in his  answer to the say bill deny upon oath the say conspiracy and sentence be give  in the say court against the now plaintiff where in fact such a conspiracy be  the plaintiff to fold back say that the say brook be arraign and convict upon  the say indictment and pray his clergy whereupon it appear because the say  brook be not fixed by law modus acquietatus that the same can not be any  conspiracy in the now plaintiff to procure the say brook to be indict  walmesley and periam justice this replication be not good for it may be that  brook be acquit and yet the plaintiff do conspire upon which a writ of  conspiracy perhaps will not lie but a action upon the casewithout doubt for  the replication do not prove that the plaintiff do not conspire but that the  plaintiff be not punishable for such conspiracy c Len
ccclxiii pasch Elizabeth in the common plead the case be a abbot lease land to  three man for year and in the end of the say lease be a clause that if they  die within the say term that then the lessor may enter the possession of the  abbey come unto the king who grant the reversion to I S who make a new lease  thereof to I d for year to begin after the expiration determination or  surrender of the say former lease the lessee die within the term if I d may  now enter before I S have enter be the question and it be the opinion of all  the justice that he can not for it be in the Leonard er p election of I S if  he will take advantage of the condition and defeat the lease but that ought to  be by entry and none can make such entry but the lessor himself or by his  express direction c Leonard pasch Elizabeth in the king bench
ccclxiv bell and langleys case in trespass the case be thus that a be lord of  a manor of which b hold black acre by copy of courtroll in fee accord to the  custom a make a feoff of the say black acre to a stranger b die the point be  if now the customary interest be determine against the heir of b for it be  move because that the feoff have not any court the heir of b can not be admit  nor the death of his ancestor present because but one copyholder but all the  court hold the contrary and that the copy shall bind the feoff and the  ceremony of admittance be not necessary for otherwise every copyholder in  England may be defeat by the sole act of the lord videlicet his feoff but the  lord by his own act which shall be account his folly have lose his advantage  videlicet fine henots and such other casualty mich Elizabeth in the common  plead
ccclxix trin Elizabeth in the common plead in a replevin the defendant avow  for damage pheasant the plaintiff in bar of the avowry show that he be  inhabitant of such a town and show that every inhabitant in every message in  the say town have use to have common in the place where c Glanville the  prescription be not good for want of capacity in the party who pretend  interest for it be not certain but apply to a multitude and be put diverse  case to prove the same as h h nariae dyer the king grant a rend Probus man de  Islington the same be void for they be not capable Harris the prescription be  good and he agree that a confuse multitude can not prescribe in matter of  interest but in a easement or discharge as in a way to the church and that by  reason of the custom of the land and not in their person vide e where it be  plead that all the inhabitant within such a town have use to have common there  and for a township to have a way to the church and by Danby it be good and  Littleton say it ought to be plead by way of usage and e all the inhabitant of  such a town time out of mind have use to have common c where a difference be  take where the prescription be in the person and where in the land e Cooper  inhabitant of a town may well prescribe and be vouch Bracton when acquiri ex  longo use sive constitution cum to make peace possession continua non  interrupt ex knowledge heedlessness tolerance a master et etian lay aside to  be able per heedlessness and he vouch Britton common be obtain by long  sufferance and also may be lose by long negligence c the case be adjourn  Leonard er p
ccclxv mich Elizabeth in the common plead copyholder in trespass bring by a  copyholder against the lord for cut down and carry away his tree c it be find  by special verdict that the place where c be customary land of the plaintiff  hold of the defendant and that the tree whereof c be cheery tree de size  sufficient effendi maremium and that the place where they grow be neither  orchard nor garden it be say by the court that by the custom the copyholder  can not cut down such tree but the lord may and that the cut down of such tree  which be not waste the copyholder may justify without punishment but because  by the verdict it do not appear that the tree for which the action be bring be  timber in facto but only de size effendi maremium the plaintiff have judgement  mich Elizabeth in the common plead
ccclxvi mich Elizabeth in the common plead the case be a grant b a rentcharge  out of his land to commerce when I S die without issue of his body I S die  have issue and the issue die without issue dyer say that the grant shall not  take effect for I S at the time of his death have issue and therefore the  grant shall not then commence and if he die then not at all by manwood and  dyer and manwood say if the word have be to begin when I S be dead without  issue of his body then such a grant shall take effect when the issue of I S  die without issue c and they say that if the donee in tail have issue which  die without issue the formedon in reverter shall suppose that the donee  himself die with issue for there be a interest and there be a difference  betwixt a interest and a limitation for if I give land to a and b for the term  of their life if either of they die the survivor shall hold the whole but if I  give land to a for the life of b and c now if b or c die the whole estate be  determine because it be but a limitation and b and c have not any interest  Leon
ccclxvi the lord Stafford case extent upon recovery in debt against the Lord  Stafford certain land of the lord be extend by elegit the queen because the  Lord Stafford be indebt unto her by prerogative oust the tenant by elegit  Fleetwood sergeant move the court in the behalf of he who recover and surmise  to the court that the queen be satisfy and therefore pray a reextent but the  court will not grant it because they be not certain of the matter but advice  the party to sue a to know facias against the say Lord Stafford to know and  show cause why a reextent shall not issue forth the queen be satisfy c mich  Elizabeth in the king bench
ccclxvii gibbs and rowlies case tithe prohibition Simon Gibbs parson of  Beddington libel in the spiritual court against rowly for tithe milk rowly  upon surmise of a prescription de modus kill obtain a prohibition which be  against Simon Gibbs guide church parochial de Nether Beddington and the party  be at issue upon the prescription and it be find for rowly Egerton solicitor  move against the prohibition because the libel be against Gibbs guide church  paroch de Beddington and the prohibition be de Nether Beddington and it be not  aver that Beddington in the libel and Nether Beddington be One idem and non to  visit it be say by the court that upon the matter there be not any prohibition  against guide church de Leonard Beddington only and therefore say to the  plaintiff counsel let the parson proceed in the spiritual court at his peril  mich Elizabeth in the king bench
ccclxviii green case acceptance of rend entry green make a lease for year  render rend with clause of reentry and the rend due at the Feast of the  annunciation be behind be demand at the day which rend the lessor afterward  accept and afterward enter for the condition break Leonard er p and his entry  hold lawful for the rend be due before the condition break but if the lessor  accept the next quarter rend then he have lose the benefit of reentry for  thereby he admit the lessee to be his tenant and if the lessor distrain for  rend due at the say Feast of the annunciation after the forfeiture he can  afterward reenter for the say forfeiture for by his distress he have affirm  the possession of the lessee so if he make a aquittance for the rend as a rend  contrary if the acquittance be but for a sum of money and not express for the  rend all which totan curian to go away cro   b blow Com in Browning and  Bestons case
ccclxx mich James in the common plead tenant for life of a rend acknowledge a  statute and release to the terrtenant the statute be forfeit it be hold by  cook and two other of the justice in common banc that the rend as to the  conusee be in be
ccclxx POWLEY and siers case debt Powley bring debt against Sier executor of  the will of a the defendant demand judgement of the writ for be say that one b  be executor of the say a and that the say b do constitute the defendant his  executor so the writ ought to be bring against the defendant as executor of  the executor and not as immediate executor to the say a the plaintiff by reply  say that the say b before any probate of the will or any Administration die  and so maintain his writ Wray justice be against the writ for although here be  not any probate of the will of a or any other Administration yet when b make  his will and the defendant his executor the same be a good acceptance in law  of the Administration and execution of the first will for the defendant may  have a action of debt due to the first testator gawdy and ailiff justice the  writ be good see dyer Elizabeth against Wray cro
CCCLXXI it be hold by Yelverton in his read that if a mail make a lease for  two year and confirm the estate of the lessee for year it be a good  confirmation for year because that all be but a chattel Leonard CCCLXXII if  joyntenants be for life and the one grant his estate for the life of his  companion it be hold to be a forfeiture for first it be a severance of the  jointure and then a lease for the use of another
CCCLXXI pasch Elizabeth in the king bench bargain and sale of tree the case be  a seize of certain land bargain and sell by indenture all the tree there grow  habendum succidend exportand within twenty year after the date of the say  indenture the twenty year expire the bargainee cut down the tree a bring a  action of trespass for cut down the tree and by Wray justice the mere property  of the tree vest in the bargainee and the limitation of time which come after  be not to any purpose but to hasten the cut of the tree within a certain time  within which if the vendee do not cut they he shall be punish as a trespasser  as to the land and not as to the tree gawdy contrary and Leonard er p that  upon this contract a conditional property vest in the vendee which ought to be  pursue accord to the direction of the condition and because the condition be  break the property of the tree be vest in a post pasch Elizabeth in the king  bench
CCCLXXII CURRITON and GADBARYS case lease in a action upon the case the  plaintiff declare that the defendant in consideration that the plaintiff shall  make a lease for life to the defendant of certain land habendum after the  death of a before the ten of August next follow promise to pay the plaintiff  ten pound the first day of may next after the promise which be before the ten  of August and the truth be that the say To give back be not pay at the day ut  above nor the say lease make and now both side be in default the plaintiff  bring a action it be say by Wray justice if the plaintiff have make the lease  accord to the consideration and in performance thereof the action will have  lie but now his own default have bar he of the action but for another cause  the declaration be hold insufficient for here be not any consideration for the  promise be in consideration that the plaintiff shall lease to the defendant  for life habendum after the death of a which can be good by way of lease but  ought to enure by way of grant of the reversion so as here be no lease  therefore no consideration and notwithstanding Leonard that if a lease be make  for life habendum after the death of a the habendum be void and the lease  shall be in possession accord to the premise yet the law will not give such  construction to the word of a promise contract or assumpsit but all the word  ought to be whole respect accord to the letter so as because that no lease can  be make accord to the word of the consideration no supply thereof shall be by  any favourable construction and so it be adjudge but before the same  imperfection be espy judgement be enter and therefore the court award that  there shall be a to be remiss execution enter upon the roll for it be hard as  it be say by Wray to drive the party to a writ of error in parliament because  parliament be not now so frequent hold as they have use to be hold and the  execution be stay accord pasch Elizabeth in the king bench
CCCLXXIII mich James in the common plead two man be joint bind in a obligation  the one be principal the other be surety the principal die the surety take  Administration and the principal have forfeit his obligation the surety make a  agreement with the creditor and take upon he by bind to discharge the debt in  debt bring by another creditor of the intestate upon full administer plead by  the administrator it be a question if upon show of the obligation and that he  have satisfy it and contend it in his proper debt he shall be relieve upon  that plea it be adjudge he shall not because by the join with the principal  the debt become his own debt
CCCLXXIII Willis and Crosbys case error amercement in a writ of error it be  assign for error that whereas in the first action the party be at issue and  upon the venire facias one Gregory Tompson be return but upon the habeas  corpora George Tompson be return and the jury be take and find for the  plaintiff and judgement give accord it be argue on the part of the plaintiff  in the first action that the same be a thing amendable as e a jury be impanel  by the name of I b and in the habeas corpora he be name W b and by such name  swear c and upon examination of the sheriff it be find that he be the same  person who be impanel and it be amend and make accord to the pannel but the  opinion of the whole court be that as this case be it be not amendable and it  be not like the case of e for there the examination be before the verdict when  the sheriff be in court but here it be after verdict and the sheriff be out of  court and can be examine and for these cause the judgement be reverse Leonard  er p pasch Elizabeth in the exchequer
CCCLXXIV if land be give to a and b for the life of c the remainder to the  right heir of a or b who shall survive it be hold that if a do release to b  that the remainder be destroy and if land be give to one in tail and if I S  come to Westminster such a day the remainder to I S in fee if the estatetail  descend to two coparceners who make partition now if I S come to Westminster  the fee shall not accrue because the particular estate be not in the same  plight as it be before
CCCLXXIV OGNELL and the sheriff OF London case escape Ognell bring debt upon a  escape by bill in the exchequer against the sheriff of London the case be that  one Crofts be bind to the now plaintiff in a recognizance and afterward commit  for felony to the prison of Newgate of which he be attaint and remain in  prison in the custody of the sheriff afterward Ognell sue a know fac upon the  say recognizance against Crofts the sheriff return a to take in hand and the  especial matter aforesaid and after judgement give against Crofts for Ognell  Crofts get his pardon and escape it be argue that notwithstanding this  attainder Crofts be subject to the execution obtain upon the recognizance see  the case of escape betwixt Maunser and Annesley Elizabeth in Bendloes case e  it be say by watman that a man outlaw for felony shall answer but shall not be  answer see e one condemned in redisseizin be take by a capias pro fine and  commit to prison and afterward outlaw of felony the king pardon the felony yet  he shall remain in execution for the party if he will but if the party be once  in execution for the party and then outlaw of felony it seem by e Fitzherbert  execution that the execution be go and all the baron be clear of opinion  Leonard in the principal case for the plaintiff and they also say that if one  who have a protection from the king be take in execution and escape the gaoler  shall answer for the escape and that be one hale case and afterward judgement  be give for the plaintiff and one of the cause of the judgement be because  that the sheriff have return to take in hand upon the process cro hill  Elizabeth in the king bench
CCCLXXIX Elizabeth in the king bench note it be say that it be adjudge  Elizabeth in banc king that if lessee for life grant his interest to his  lessor that the same shall not enure as a surrender because there want word of  surrender but shall enure by way of grant only
CCCLXXVI mich James in the common plead a man make a feoff with warrant if the  feoff bring a warrantia paper against the heir who plead riens per dissent at  the time of the voucher and it be find for the tenant it be hold that the  plaintiff shall never after have execution of land which after descend for  that it be peremptory for the demandant Leonard er p
CCCLXXVIII mich James in the common plead note it be resolve by the justice  that if a parson take a benefice above the value of with a dispensation and  afterward take a benefice that the first benefice be void by the statute of h  cap
CCCLXXX carry case tithe in a information in the exchequer by the queen  against caryi the case be this a man grant thirst rectoriae cum Decimus eiden  pertinent habend thirst predict cum nest appurtenance for twenty year the  first grantee die within the term if now because the tithe be not express name  in the habendum the grantee shall have they for life only be the question it  be move by Popbam attorneygeneral that the grantee have the tithe but for life  and to that purpose be cite a case adjudge Elizabeth n the common plea a man  grant black acre and white acre habendum black acre for life nothing of white  acre shall pass but at will and in the argument of that case Anthony brown put  this case queen mary grant to Rochester such several office and show they  special habendum two of they and show which in certain for forty year it be  adjudge that the two office which be not mention in the habendum be to  Rochester but for life and determine by his death and so he say in this case  the tithe not mention in Leonard the habendum shall be to the grantee for life  and then he die his executor take Leonard er p the tithe be intruder but as to  that it be say by manwood chief baron that the case be not alike for the grant  in the case cite be several entire and distinct thing which do not depend the  one upon the other but be in gross by themselves but in our case the tithe be  parcel of the rectory and therefore for the nearness betwixt they I the  rectory and the tithe the tithe upon the matter pass together with the site of  the rectory for the term of twenty year and judgement be afterward give accord  more Rep pasch Elizabeth in the common plead mich rot
CCCLXXX hill James in the king bench by cook it be hold by cook chief justice  if a man seize in fee devise that after the death of his son without issue  that I S shall have his land that in that case the son have a estate in fee  determinable and that the remainder be good roll Syderf mich James in the king  bench
CCCLXXXI ball case a copyholder plead that the custom of the manor be that  every copyholder for life may appoint in the presence of two other that such a  man shall have his copyhold after his death without any surrender to his use  and that the two tenant shall assess for his fine what sum they please so as  it be not lesser than have use to be pay where the lord will assess a  reasonable fine and it be adjudge that it be a good custom Leonard pasc James  in the common plead
CCCLXXXI the lord darcy and sharp case see Aldous v Cornwell lr Q b debt  razure of deed Thomas Lord darcy executor of John Lord darcy bring debt upon a  bind against sharp who plead that the condition of the bind be that if the say  sharp do perform all the covenant c contain within a pair of indenture c by  which indenture the say John Lord darcy have sell to the say sharp certain  tree grow c and by the same indenture sharp have covenant to cut down the say  tree before the seven of August and show further that after the seal and  delivery of the say indenture the say Lord darcy now plaintiff cause and  procure I S to raze the indenture quod penes predict to express grief remaneba  anon of to make it and so the say indenture become void and the opinion of the  whole court be clear against the defendant for the razure be in a place not  material and also the razure trench to the advantage of the defendant himself  who plead it and if the indenture have become void by the razure the  obligation have be single and without defeasance   pasch Elizabeth in the  common plead
CCCLXXXII GLASCOCKS case a copyholder allege the custom to be that all the  tenant within such a manor in Essex have use to cut down tree to repair their  copyhold and freehold tenement within the manor and also to sell their tree at  their pleasure and adjudge a good custom Leonard er p mich James in the common  plead rot
CCCLXXXII rollston and chamber case cost where damage be give rollston bring a  action of trespass upon the statute of h of forcible entry against chamber and  upon issue join it be find for the plaintiff and damage assess by the jury and  cost of suit also and cost also de increment be adjudge and all wonder re  Triple in the judgement with this purclose who indeed financial loss in toto  see moisten ad c and all by the name of damage it be object against this  judgement that where damage be Triple no cost shall be give as in waste c but  it be clear agree by the whole court that not only the cost assess by the jury  but also those which be adjudge de increment shall be Triple and so be all the  precedent as be affirm by all the prothonotories and so be many book I h h h e  and book of entry and judgement be give accord and in this case it be agree by  all the justice that the party so convict of the force at the suit of the  party shall be fine notwithstanding that he be fine before upon indictment for  the same force Len Leonard er p Leonard hill Elizabeth in the common plead  intrat trin Elizabeth rot
CCCLXXXIII SAPLAND and ridlers case it be adjudge after long argument that  where the custom of a copyhold manor wag to admit for life and in remainder  for life at any time when there be but one copyholder for life in possession  and during the minority of the heir within the age of year his guardian in  soccage in his own name admit a copyholder in remainder for life that it be a  good admittance accord to the custom and he be dominus pro tempore well enough  as to that purpose although it be object by Walmsley that the guardian be but  a servant and not dominus but because it be agree that he have a lawful  interest the admittance be good and so it be adjudge pasc James in the common  plead
CCCLXXXIV duke and smith case it be agree that if he in the reversion suffer a  common recover to use his heir can plead that his father have not any thing at  the time of the recovery for he be estopped to say that his father be not  tenant to the praecipe and therefore it be a good recovery against he by way  of estoppel
CCCLXXXIX short and shorts case request in a action upon the case upon  assumpsit to pay money to the plaintiff upon request it be agree that the  plaintiff by way of declaration ought to allege a actual request and at what  place and at what day the request be make and it be not sufficient to say as  in a action of debt although often require c and so it be adjudge
CCCLXXXIX ware case a information be against ware and his wife for his wife  not come to the church upon the statute of Elizabeth it be say by cook chief  justice that the husband be Chargeable for the recusancy of his wife and be  say there need no conviction but before a information the husband shall not be  Chargeable for his wife but where be be name with the wife and he say that the  ice have a feesimple in their land for he have it to he and his heir and  successor until conformity with satisfaction of the arrearage vide set up  Elizabeth rastal title coroner Leonard mich James in the common plead
CCCLXXXV mich James in the king bench in a writ of error bring upon a  judgement give in common banc in a ejection strong upon a lease of a run water  it be agree by the court that no livery can be make of run water because it be  fugitive but otherwise it be of water in a stand pool for that be certain and  paramount and of that livery ought to be with a dish of part of the water
CCCLXXXVI hill Elizabeth in the common plead exchange the case be the husband  be seize of land in the right of his wife the husband and his wife both join  in exchange of the land with a stranger for other land which exchange be  execute the husband and the wife seize of the land take in exchange alien the  same by fine it be hold by Rhodes and Windham justice that the wife after the  death of her husband may enter into her own land notwithstanding that fine and  Rhodes resemble it to the case report by my Lord dyer Elizabeth the husband  after marriage assure to his wife a jointure they both levy a fine sur  conusans de law come Ceo and ill ad of the gift of the husband that the same  be not any bat to the wife of her dower for the election be not give to the  wife to claim herjoynture or her dower until after the death of her husband  and so in the principal case judgement be give for the wife Inst b pasch  Elizabeth in the king bench
CCCLXXXVII lees case devise Nicholas lee by his will devise his land to  William his second son and if be depart this world not have issue then I will  that my son in law shall sell my land the devisor at the time of his devise  have six son in law die William have issue John and die John die without issue  one of the son in law of the devisor die the five survive son in law sell the  land first it be clear resolve by the whole court that although the word of  Leonard the will be ut above if William my son depart this world not have  issue c and that William have issue who die without issue here although it can  be literal say that William do depart this world not have issue yet the intent  of the devisor be not to be restrain to the letter that such construction  shall be make that whensoever William die in law or upon the matter without  issue that the land shall be subject to sale accord to the authority commit by  the devisor to his son in law and now upon the matter William be dead without  issue as in a formedon in reverter or remainder although that the donee in  tail have issue yet if after the estate tail be spend the writ shall suppose  that the donee die without issue a strong in the case of a will or devise such  construction shall be make as to the other point concern the sale of the land  Wray ask if the son in law be name in the will and the clerk answer No see h  Br devise and ass executor such a sale good in case of executor see also  Elizabeth dyer and dyer Phil and mark land devise in tail and if the devisee  shall die without issue that then the land shall be sell pro optimo valour by  his executor One cum assent a if a die before sale the power of the executor  be determine and afterward it be clear resolve by the whole court that the  sale for the manner be good and judgement be give accord cro Len Leonard er p  pasch Elizabeth in the king bench
CCCLXXXVII the opinion OF Popham chief justice in the king bench it be the  opinion of Popham chief justice that if a man covenant to stand seize to the  use of himself for life the remainder to the use of his executor that in that  case the executor shall take to the use of their testator but if a man  covenant upon good consideration to stand seize to the use of the executor of  a stranger that the word executor be a word of purchase and they shall take to  their own use
CCCLXXXVIII mich James in the common plead cook chief justice put this case if  the custom of a manor be that every tenant at his death shall pay his best  beast for a henot if a feme sole who be tenant for life of this manor take a  husband and afterward die if the lord shall have a henot dodderidge the king  sergeant say that he shall not because that the wife have not good Leonard er  p mich James in the common plead
CCCLXXXVIII sir gilbert Gerrard and SHERRINGTONS case sir Gilbert Gerrard  master of the roll libel in the spiritual court against Sherrington and a his  servant for tithe parcel of a rectory whereof the say sir Gilbert be fermor to  the queen it be move by Egerton solicitor general that against the king fermor  a prohibition do not lie but the opinion of the whole court be that a  prohibition do lie and so it have be adjudge before and afterward exception be  take to the surmise because the say sir Gilbert have libel against the say  Sherrington and his servant several and now in the king bench they both have  make a joint surmise whereas they ought to have sever in their surmise accord  to the several libel and it be so adjudge by the court and therefore they be  drive to make several surmise and afterward exception be take because the say  Sherrington and his servant have deliver their surmise and suggestion by  attorney where they ought to be in proper person see the statute of e cap the  party shall bring and deliver to the hand of some of the justice of the same  court c the true copy of the libel c subscribe or mark with the hand of the  party c and under the copy shall be write the surmise or suggestion and  although it be affirm by the clerk of the court that the common use and  practice for twenty year have be not to exhibit such surmise or suggestion b  attorney yet it be resolve by the whole court that it ought to be by attorney  Owen Rep Yelv Rep Leonard pasch Elizabeth in the king bench
cccv palmer and SMALBROOKS case in a action upon the case the plaintiff  declare that the defendant have recover a certain debt against one a and  thereupon take forth a capias against the say a to arrest his body and deliver  the say capias to the plaintiff be then sheriff and pray a warrant for the  serve of the capias and that he will name to he one b for a special bailiff  and promise the plaintiff that if b arrest a by force of the say capias and  suffer he to escape that he will not sue he for the say escape and further  declare that be make a warrant accord to the say capias and therein name and  appoint the Leonard say b his special bailiff who arrest a accord and  afterward suffer he to escape and that the defendant notwithstanding his  promise aforesaid sue the plaintiff for the say escape and it be find for the  plaintiff and it be move in stay of judgement that that promise be against the  law to prevent the punishment inflict by the statute of h upon the sheriff and  that it be mere within the say statute and so the promise void cook this be  not any bind or promise take of the prisoner nor of any for he and therefore  it be not within the statute and it be Davies case Wray a promise be within  the statute as well as a bind but the statute do not extend but where the bind  or promise be make by the prisoner or by some for he and afterward judgement  be give for the plaintiff Len Owen cro trin Elizabeth in the king bench
cccv smith and BABBS case action upon the case stop of water smith bring a  action upon the case against Babb for stop of water incessant decurrent by his  land by which his land be drown and his grass rot exception be take to it  because it be not allege that the water have so run time out of mind gawdy  justice if the water have run there but for one year if the defendant have  divert it so as he have drown the plaintiff land the action will lie well  enough Leonard er p trin Elizabeth in the common plead
cccv Walgrave against ogden trover and conversion a action upon the case be  bring upon a trover and conversion of twenty barrel of butter and declare that  by negligent keep of they they be become of little value upon which there be a  demurrer in law and by the opinion of the whole court upon this matter no  action lie for a man who come to good by trover be not bind to keep they so  safe as he who come to they by bailment walmesley if a man find my garment and  suffer they to be eat with moth by the negligent keep of they no action lie  but if he wear my garment it be otherwise for the wear be a conversion cro  ante mich Elizabeth in common banc
cccvi basil johnson case privilege of a clerk in court Basil Johnson one of  the clerk of the chance be implead in the common plea by bill of privilege by  ail attorney of the say court and now Basil come into court and show that he  be one of the clerk fit above and pray Leonard his privilege but the whole  court be against it because the plaintiff be as well privilege in this court  as the defendant be the chancery and be first interest in his privilege by the  bring of his writ but the defendant be not entitle to his privilege before the  arrest and afterward by the award of the court the say Basil be oust of his  privilege Elizabeth in the common plead
cccvi wood and pain case in a ejection strong for entry into a message sive  property and acre of land to the same belong upon notguilty plead it be find  for the plaintiff it be move by Cowper sergeant that the declaration be  uncertain messuagium sive property quod to be concession cook we will release  our damage Kemp then your cost be go also Cowper you can have judgement of the  acre for the declaration be acre to the say message or tenement belong and for  the incertainty to which thing belong but to that it be say that as to the  acre it be certain enough for the word to the same belong be mere void and  afterward the plaintiff release damage and have judgement trin Elizabeth in  the king bench
cccvii Bennington and BENNINGTONS case Bennington bring a action of trespass  against Bennington for break of his close c the defendant plead that long time  before the trespass suppose that it be the freehold of one Joan Bennington and  that be as her servant and by her commandment enter upon which they be at  issue and it be find that for two part of the land where c in three part to be  divide it be the freehold of the plaintiff and for the other part that it be  the freehold of the defendant and by the clear opinion of the whole court the  plaintiff can not have judgement for now it appear that the plaintiff and  defendant be tenant in common betwixt who Leonard er p a action of trespass do  not lie and although this tenancy in common Leonard be not plead but find by  verdict yet it be the opinion of the court that it be all one hill Elizabeth  in the king bench
cccvii collier and collier case prohibition between collier and collier the  case be that the plaintiff be sue for incontinence in the spiritual court and  there they will have he answer upon his oath if be ever have carnal knowledge  of such a woman upon which he pray a prohibition vide ind f n b a register et  no one holding he himself to put forth but the court will advice of it  Elizabeth in the common plead
cccviii Brereton and ausers case John Brereton of the innertemple bring a writ  of error against auser to reverse a outlawry and the case be that the say  auser have cause the say Brereton to be indict upon the statute of great  Charta and diverse other statute for that whereas the say auser have sue the  say Brereton in a bill of debt in the court of request against the say  Brereton and by the say suit procure the say Brereton to be imprison upon  which indictment Brereton be outlaw and error be assign in the outlawry  because whereas the indictment be take in Middlesex the exigent upon it be in  London whereas it ought to issue out of Middlesex but the proclamation issue  in the county whereof he be name recently and that be peremptory for if he  make default upon that process he shall encur the danger of a praemunire and  for that cause the outlawry be reverse also the party be discharge of the  indictment for this suit in the court of request as it appear upon the  indictment be before judgement in the bill of debt hill Elizabeth in the king  bench
cccviii Mountney and andrews case execution in a to know facias by Mountney  against Andrews of GraysInn upon a judgement in debt the defendant plead that  heretofore a become facias at the suit of the now plaintiff issue to the  sheriff of Leicester by force of which the say sheriff take diverse sheep of  the defendant and that as yet he do detain and keep they it be hold by the  whole court to be a good plea although he do not say that the writ be return  for the execution be lawful notwithstanding that and the plaintiff have his  remedy against the sheriff hill Elizabeth in the common plead
cccviii pasch Elizabeth in the common plead lease a man make a lease for year  to begin at the feast of our lady mary for one and twenty year without show  the certainty at which feast the annunciation purification c yet the lease be  good enough and the lessee may determine the certainty of the beginning of the  term by his entry at which of the say feast the say term shall begin by  Anderson chief justice but periam doubt of it pasch Elizabeth in the common  plead
cccx ASCEW and FULIAMBS case hearing complaint Ascew be bind by statute to  Fuliamb and there be not two seal put to the statute and execution be sue upon  the say statute the conusor bring a hearing complaint and they be at issue if  two seal be to the say statute and try for the plaintiff in a hearing  complaint by the sheriff of the city of Lincoln and it Leonard er p be move by  Glanville segeant that the issue ought to have be try Leonard by the  certificate of the mayor of Lincoln before who the acknowledgement be and not  by jury which be deny for the issue be not whether any such statute be  acknowledge or not but whether the statute in question have two seal or not  and that be not record by the mayor as the statute it self be another  exception be take it appear by the margin of the record that the issue be try  by the county of Lincoln where it ought to be try by the county of the city of  linc for linc only be in the margin but to that it be say that such be the  usual form to which the preignothories agree and the book of e be urge where  execution of land of the conusor be award upon a statute merchant and the  statute be to pay c e but the original writ which issue to take the body of  the conusor be e and upon that error bring and the court agree that case but  these two case do differ for there the process be misawarded not so here and  although a writ of error may lie yet the same do not prove but that a hearing  complaint may lie also and afterward judgement be give for the plaintiff cro  pasch Elizabeth in the common plead
cccx hamper case hamper be indict upon the statute of Elizabeth of perjury and  in the body of the indictment the record be that be falsely deceptive to lay  whereas the statute speak wilful and although in the perclose of the  indictment the conclusion be et such To bring together volunteer perjurium yet  the opinion of the court be that the same do not help the matter and for that  cause the party be discharge for contra form to cause to stand will not help  the matter and yet it be move and urge that contra form to cause to stand do  supply such defect and in this case it be hold by the court that if a witness  depose false but the jury do not give credit to his oath but give their  verdict against his oath although the party grieve can sue he for the perjury  yet at the suit of the king he shall be punish Len cro Leonard er p trin  Elizabeth in the king bench
CCCXC pasch Elizabeth in the king bench indictment upon the statute of news  one be indict in the county of linc upon the statute of west cap and r cap of  news and the word be that Campian be not execute for treason but for religion  and that he be as honest a man as Cranmer the bill be endorse billa true but  whether this word prolata to be wickedly seditious or e wear down ignoramus  the same indictment be remove into the king bench the party for the cause  aforesaid be discharge pasch Elizabeth in the king bench
CCCXC v Ratcliff and CHAPLINS case in a ejection strong between Ratcliff and  chaplin upon not guilty plead it be give in evidence that time out of mind a  custom have be use and that prove by witness that the old heir be it male or  female shall inherit the land and that it appear in the court roll of the say  manor of which the land in question be parcel two precedent to prove that the  old sister ought to inherit and that the young sister shall have nothing in  the land the one precedent be Elizabeth and the other Elizabeth in the other  side in disaffirmance of the custom it be give in evidence diverse courtrolls  h and especial one precedent that both sister shall inherit as coparceners do  by the commonlaw notwithstanding which the jury find for the custom in regard  they upon their own knowledge know the usage of the country and that in  diverse place it have be so use in the hundred within which this manor be but  in this case it be agree by the court that if the custom have be that the old  sister only shall inherit yet by that custom the old aunt or the old niece  shall not inherit the land and so it be in the case of borough English where  the custom be that the young son shall have the land it do not give it to the  young uncle for custom shall be take strict and foster justice say that so it  be adjudge in one Totnams case and in the argument of this case it be say by  cook chief justice that there be two pillar of custom one the common usage the  other that it be time out of mind and therefore upon the evidence give to the  jury the court enforce the party which maintain the custom to show precedent  in the court roll to prove the usage and he say that without such proof and  that it have be put in ure although it have be deem and report to have be the  true custom yet the court can not give credit to the promise by witness roll  Leonard er p Leonard pasc James in the common plead
CCCXC wheeler case a copyhold custom be that a woman shall have a free bench  how day see bene to bear about and live chase and she be incontinent of which  the lord have not notice and the lord admit her tenant it be hold it shall  bind the lord although he have not notice of the incontinency mich James in  the starchamber
CCCXCI Edward and WATTONS case note for law in the starchamber if a man write  a scandalous letter unto another and put his name to it if the party who writ  it publish the same either before or after the delivery a action upon the case  lie against he at the commonlaw but if the party who write it do not publish  it yet be may be sue for the same in the starchamber and it be say in this  case that he who receive book which be write against the religion establish in  the kingdom and show they to other with comment of they he run into a  praemunire by the statute of Elizabeth
CCCXCII pasch Elizabeth in the king bench execution where joint where several  note it be agree by the whole court and affirm by the clerk that if debt be  bring upon a obligation against two upon a joint praecipe and the plaintiff  have judgement to recover that a joint execution ought to be sue against they  both but if the suit be by one original and several praecipes execution may be  sue against any of they
CCCXCII the case be a make a lease of white acre to b upon condition he shall  do no waste in which there be a fishpond store with carp pike and their fry c  destroy all the fish b be upon the land for which a enter if the destruction  of all the fish and their fry be waste within the statute of Gloucester it be  say that it be for they be parcel of the inheritance as be deer within a park  enclose but it be adjudge Elizabeth n common banc in moil and ewer case that  where a lease of a manor be in which be a warren of cony and the lessee  destroy the cony that it be not waste for they be ferae nature and the land  better by they and such be the opinion of Walmsley justice although the cony  be in a warren pale and enclose with a wall but the destroy of dove in a  dovehouse be waste and it be adjudge in sir Francis palmer case James n b r  that although the cut of Underwood be not waste yet the eradicate of it be  waste the other matter be if the destruction of the fish by a stranger the  lessee be upon Leonard the land be waste it be say it be waste for who non  forbid to miss cum to be able jubet and it be say that if a man commit waste  or suffer another to do it he do incur the penalty in the statute but in this  case it be say that a condition to defeat a estate shall be take strict as if  a custom be that if a copyholder for waste do shall forfeit his estate if a  stranger do the waste it be no forfeiture for three thing in law shall be take  strict condition custom penal law as if the custom be that a infant at the age  of may make a feoff be Leonard er p can make it by attorney and it be adjudge  James in common banc in Woodleys case so the statute of e a penal law be that  a man shall not buy any victual to sell the same again yet it be adjudge that  where a man buy meal and make the same into starch and sell it he may well  justify the sale thereof and it be out of the statute because it be not the  same thing roll title waste pasc James in the king bench
CCCXCIII trin Elizabeth in the king bench replevin in a replevin the defendant  do avow for damage pheasant and show that the lady Jermingham be seize of such  a manor whereof c and lease the same to the defendant for year c the plaintiff  say that long before king h be seize of the say manor and that the place where  be parcel of the say manor demise and demisable by copy c and the say king by  his steward demise and grant the say parcel to the ancestor of the plaintiff  who heir he be by copy in fee c upon which it be demurrer because by this bar  to the avowry the lease set forth in the avowry be not answer for the  plaintiff in the bar to the avowry ought to have conclude and so be seize by  the custom until the avowant pretense of the say term for year enter and so it  be adjudge Leonard er p trin Elizabeth in the king bench
CCCXCIII ware case it be adjudge in this court that if a mill be set upon post  that no waste lie for it and that a copyhold may be of a mill as it be adjudge  in green and Harris case also it be say that there be a real and personal  forfeiture of copyhold land real be not necessary to be find by the homage as  be resolve in brocks case but otherwise it be of a personal forfeiture and  hill James a woman copyholder build a new house upon the land and it be agree  to be a forfeiture pasc James in the common plead
CCCXCIV brown and tuckers case if a man have estovers to such a house and he  enlarge his house or build more house or chimneys the estovers remain to all  the house and chimneys which be there before and not to those add or new build  as it be adjudge   Leonard pasc James in the common plead
CCCXCIX Montague sergeant demand of the justice their options in a case upon  the statute of James of recusant in the behalf of the university of Oxford the  case be if a recusant convict to avoid the say statute grant his patronage for  year to one of his friend in trust if the grant be void or not within the say  statute the justice refuse to deliver their options in this case for they say  that this point may judicial come in question before themselves and such they  say be the answer of Hussey in I h in Humphrey Staffords case when king Henry  come in banc and demand a question of they but yet tacit they seem to agree  that such a lease of the patronage be void by the say statute and they say  that they will not have the university to be discourage in the case which  employ their options to be Leonard accord and h be vouch that the Leonard er p  trin James in the common plead
CCCXCIX the queen and the dean OF Christchurch case Prmunire the queen  attorneygeneral bring and prosecute a praemunire for the queen and parret  against doctor Matthew dean of Christchurch in Oxford and other because they  do procure the say parret to be sue in the city of Oxford before the  commissary there in a action of trespass by libel accord to the ecclesiastical  law in which suit parret plead son franktenement and so to the jurisdiction of  the court and yet they do proceed and parret be condemned and imprison and  after that suit depend the queen attorney withdraw the suit for the queen and  it be move if notwithstanding that the party grieve may proceed see e b the  king shall have praemuire and the party grieve his action see Br praemunire  and by brook none can have praemunire but the king coke there be a precedent  in the book of entry in a praemunire the word be ad to answer tam lord king  how r f and that upon the statute of r and it ad to answer tam lord king de  contempt how dict a b de financial loss but it be hold by the whole court that  if the king attorney will not further prosecute the party grieve can maintain  this suit for the principal matter in the praemunire be the conviction and the  put of the party out of the protection of the king and the damage be but  accessary and then the principal be release the damage be go and also it be  hold by the court that the precedent in the book of entry ire not to be regard  and there be not any judgement upon any of the plead there but be good  direction for plead and not otherwise Len
CCCXCVI Arden and goad case in a action of trespass upon the case for diverse  good the declamation be of trover and conversion of they to the defendant use  upon not guilty plead they be at issue and there a inventory of the good be  give in evidence to the jury as the good be apprise by upholsterer and in this  evidence another point do arise these good be take in execution and deliver to  the defendant by the sheriff and afterward the owner of the good against who  the execution be award make a deed of gift of they to the plaintiff by these  word sure he grant all those good which be late put in execution cook chief  justice say that wherever way data that deed can not entitle the plaintiff to  the good for it be a dilemma for situation that the good be put in execution  then they do not pass and admit that they be not put in execution he do not  grant but only those good which be in execution and so there be a opposition  and afterward judgement be give for the defendant pasc James in the common  plead
CCCXCVIII cook case in a writ of intrusit maritagio non be satisfied it be  find for the plaintiff but no damage be assess by the jury and the value of  the marriage be find to and now the question be if the same may be supply by a  writ of enquiry of damage and prima fancy the court seem to be of opinion it  can not for where a man may have a attaint there no damage shall be assess by  the court if they be not find by jury and the court will advice of it but  afterward the same term it be adjudge that no writ of enquiry shall issue  forth but a venire facias de to make new be grant vide e Thorp ace
cccxi collet and ROBSTONS case Arthur collet and Thomas Andrews recover  against Robston in a writ of account hill Elizabeth and now Robston bring a  writ of error and assign for error that whereas the say writ of account be  bring against the defendant as receivor of money to render account when ad hoc  require to be the say writ ought to have be more special but the writ in its  general be hold good enough without any special matter and so it be adjudge in  the case of one Gomersell sure quod To give back ei the pure milk of reason  computation suum de tempore quo to be receptor containing ten each Self a  another error be assign for that the jury have assess damage which ought not  to be do in a action of account which see Richard Fitzherbert account and h  but see the book of entry in a writ of account against one as receivor for to  render account damage be give by the jury for the plaintiff and in the case of  a account against one as bailiff damage shall be give for if my bailiff by the  employment of my money whereof he be receivor may have procure profit and gain  unto I but be neglect the same he shall be Chargeable to I to answer the same  and here in our case damage shall be give ration implacitationis and afterward  notwithstanding the exception the judgement be affirm ante Len Leonard trin  Elizabeth in the king bench
cccxi the duchess OF SUFFOLKS case Adrian Stokes and the lady Francisca  duchess of Suffolk his wife bring a quare hinder against the bishop of Exeter  and other the bishop plead and demand judgement of the writ because he say it  appear by the writ quod prediction Francisca wife a saying beforehand adriani  nominator in speech shorten owner Francisca duchess Suffolk where per law  terrae eaden Francisca by her marriage betwixt the aforesaid Adrian and her  the say Frances have lose her name of dignity and ought Leonard er p to be  name Francisca wife a saying beforehand adriani wherefore and because the say  Frances be name lady duchess of Suffolk in the say writ therefore he demand  judgement of the writ and afterward the plaintiff do discontinue their suit  and dare not proceed vide the case e dyer Leonard mich phil mary
cccxii the queen due and KIRBYS case the king and queen bring a writ of  disceit against due and Kirby and declare that colley be seize of certain land  in fee and hold of the king and queen as of their manor of Westbury which  manor be ancient demesne and so seize levy a fine to the say due for conusans  de law c due render unto colley for life the remainder over to Kirby in fee  colley die Kirby enter as in his remainder Kirby plead that the land be  frankfee c upon which they be at issue which issue depend not try due die it  be move that the writ shall abate but it be allow for this action be but  trespass in its nature for to punish the say disceit and due have nothing in  the land but be name only because he be party to the disceit and no land be to  be recover but only the fine reverse pasc Elizabeth in the king bench
cccxii YATESS case Yates and another bring a writ of error upon a judgement  give in a writ of partition and assign for error that the partition be not  sufficient for it be there set forth that the plaintiff accuse pro undivided  tenent cum to ward off c and do not say what estate see f n b accuse et pro  undivided tenent de heir which be of a matris of the plaintiff and defendant  and yet see f n b a writ of partition betwixt stranger without name de heir in  the writ and see also that partition of land in London without show of what  estate see register Elizabeth in partition to make by Courtney against  Polyweel no estate show in the writ Elizabeth between the Lord Cheney and bell  so between finch and Tirrell and so between fry and drake Elizabeth and Phil  mary it be hold that it be not necessary in such writ to show the estate but  tenant in common ought to show the same in their declaration Len cro
cccxiii hill Elizabeth in the king bench a action upon the case be bring for  these word sure thou baste forge my hand it be hold by gawdy and Wray justice  that such word be not actionable because too general without show to what  write and by Wray these word sure thou be a Forge be not actionable because it  be not to what thing he be a Forge Godfery between Warner and Cropwell sure  she go about to kill I a action lie for they for if they be true she shall be  bind to the good behaviour and by gawdy for these word sure thou have forge a  write they be not actionable because they be incertain word which Wray to go  away but if the declaration have be more certain as innuendo such a deed then  it have be good enough full a case be betwixt brook and doughty sure he have    my Leonard er p Lord of Leicester hand unto a letter against the bishop of  London for the which he be commit to the Marshalsea for it and it be hold not  actionable and afterward in the principal case judgement be nothing to take in  hand per billam Leonard mich Elizabeth in the king bench
cccxiii LINACERS case in a hearing complaint bring by linacer it be say by  Anderson chief justice that if a man be in execution by his body and land  Leonard upon a statute if the sheriff permit the conusor to go at liberty yet  the execution of the land be not discharge but if be go at large by the  consent of the conusee then the whole execution be discharge and the conusor  shall have his land again present Leon   Rep pasch Elizabeth in the common  plead
cccxiii russels case execution Russel be condemned in a action of debt and  after the year and day the plaintiff sue a capias ad satisfaciend against he  and he be take by force omit to the marshal as in execution it be hold by the  court that the same be a void execution and not only avoidable by error and  therefore the defendant be discharge for it be not at any execution and the  plaintiff may have a to know facias when be will pasc Elizabeth in the king  bench
cccxiv BROWNSALL and tylers case the case be that tenant in tail bring a writ  of entry sur seize and the writ be general and it be move if the writ be good  and h be Leonard er p vouch where it be hold that the writ ought to be special  sure to make mention of the tail but it be hold by the court that the general  writ be good enough and then the count ought to be special way Fitzherbert  trin Elizabeth in the king bench
cccxiv DELABROCHE and BARNEYS case Delabroche be sue in the admiral court upon  a obligation suppose to be make and deliver in France and now be pray a  prohibition it be hold by the whole court that such a bind may be sue here but  be begin in the court of admiralty we can prohibit they for that perhaps the  witness of the plaintiff be beyond sea which may be examine there but not here  mich Elizabeth in the king bench
cccxiv wrath and CAPELLS case between wrath and capel the case be that a be  indict upon the statute of h and exception be take to the indictment because  there be no word of freehold in it or to prove that the party grieve have any  freehold whereof be may be seize but because the word of the indictment be to  drive out disseizivit which can not be true Leonard if the party expel and  seize have not freehold therefore the exception be not allow c another  exception be take to the indictment for that the word be in One property to go  into and this word property be too general and a incertain word and therefore  for that cause the party be discharge but the indictment be further in One  property promontory terrae eiden pertinent and as to those acre he be put to  answer Leon
cccxix temps roign Elizabeth the prior of bath lease his manor of a to c for  life render rend and afterward the priory be dissolve the king lease the whole  manor cum pertinenciis to sir Walter d knight dyer the matter depend upon this  point if the demesne be sever from the service during the life of the lessee  and he conceive that the lord can hold a court if such a power be not reserve  to he upon the lease Weston the manor Leonard be in suspense during the lease  for a reversion upon a estate for life and service in possession can be unite  to make a manor but contrary if but parcel have be lease quod curian to go  away Welsh the demesne be sever from the service for ever as if they have be  grant in fee but here have regard to the lessor the demesne and service be  unite and make one manor but as to the lessee and all other the service be in  gross and of that opinion be also dyer and he say if a bishop leas his demesne  of his manor for life and die the reversion shall be in his successor and be  in himself for his life in the right of his church and if husband and wife  seize of a manor in the right of his wife lease the demesne of the say manor  for life yet he have the reversion in the right of his wife and in such case  it do remain a manor but if the husband sole have make the lease he have gain  the reversion to he and so sever it from the manor
cccxl BROKESBY and wickham case a quare hinder be bring b Bartholomew Brokesby  against the bishop of Lincoln and Wickham pasch Elizabeth rot the case be that  Robert Brokesby be seize of the manor of Sholby in fee to which the advowson  be appendant and the church be full grant to Humphrey Brokesby and the  plaintiff his two son the next avoidance of the say church afterward the  church become void Humphrey by deed release all his right estate and interest  which then he have of and in the advowson of the church aforesaid for the say  avoidance Bartholomew sole present and the defendant do disturb he the bishop  plead that be claim nothing but as ordinary Wickham plead a lease make of the  manor with the appurtenance by the say Bartholomew to one Starkey for year  before the grant make ut above to Humphrey and Bartholomew which Starkey  present he upon which they be at issue and find for the plaintiff that the  grant be before the lease it be hold by the court that this release be mere  void for here be not any interest to be release but a power to present and a  authority annex to the person and afterward by the award of the court the writ  be abate see Elizabeth dyer Len cro Owen Rep Leonard hill Elizabeth in the  king bench
cccxl trin Elizabeth in the king bench adjudge note in the case of one man it  be adjudge that where a infant executor sell the good of his testator for a  lesser price than they be worth and afterward bring a action of detinue  against the vendee upon that detinue in retardation performance will that the  say sale be good and shall bind the executor notwithstanding his nonage  Elizabeth in the chancery
cccxli estons case Eston be seize of land in fee hold of the king in chief and  take a wife seize of other land hold in socage they have issue and the husband  die and afterward the wife die Owen sergeant conceive that the queen shall not  have the wardship of the land of the wife or the primer seize of it and if the  husband have survive his wife be tenant by the courtesy the queen shall not  have primer seize of it after his decease Wray if the father be seize of land  hold in soccage and the mother of land holded in knight service and the  husband overlive his wife be tenant by the courtesy the king shall have all  Anderson deny that and he conceive that the opinion of Stamford be not law and  yet see h where the father be seize of land in chief and the mother of other  and the father die and afterward the mother die both shall be in ware and it  be say that if there be grandfather father and son and the father die seize of  land hold in socage and afterward the grandfather die seize of land in knight  service the land in socage shall not be in ware Anderson hold strong that the  queen shall have primer seize of the land of the mother Wray contrary quaere  cro trin Elizabeth in the court OF ware
cccxli the lord AWDLEYS case the Lord Awdley h feoff hoddy and other of  certain land in the county of Somerset and afterward by indenture recite the  say feoff and the date of it and also that it be to the intent that his feoff  shall perform his will as follow in effect videlicet my will be that my say  feoff shall stand seize to the use that the say hoddy shall receive of the  profit of the land which he have send to the say Lord Awdley and also stand  seize to pay all his debt upon bill sign with his hand and after the debt pay  that the say feoff shall make estate of the say land unto he the say Lord  Awdley and Jone his wife and to the heir of their two body with diverse  remainder over the say lord have issue by the say Jone and also have issue by  a former wife a daughter the feoff never make any estate to the say lord and  his wife and by the opinion of diverse justice and sage of the law that upon  that matter no use be change for it be not any last will but a intent and  although that the feoff shall be seize to the use of the feoff and his heir  because that no consideration be by which they shall be seize to their own use  yet the same can make any use unto the say lord and his wife in tail without  contain a estate for the wife be a stranger to the land and also it can be a  will for the estate mention in the say write ought to have be make to the say  lord and his wife who can take the same by his will this matter depend in the  chancery and the advice of the justice be there require they deliver their  options that by the say write no use be change nor any estate vest in the say  lord and his wife and a decree be there make accord until proof be make that  such a estate be make
cccxlii else HARTOPS case Ellis hartop be seize of diverse land whereof part  be hold of the king in knight service and devise two part thereof to W Denham  and his heir to the use of t his brother and his wife and afterward to the use  of the say t and his heir male t die in the life Leonard of the devisor and  afterward a son be bear first it be agree that a devise may be to the use of  another then when cesti and use die in the life of the devisor the devisee  shall take it and when a son be bear it shall go to he but if the use be void  then the devisee shall have it to his own use Leonard er p for every devise do  imply a consideration coke be of opinion that the son take by descent when  beneficiary and use to who land be devise do refuse the use the devisee can  take it for be shall not have it to his own use for if the use be void the  devise be also void and the use be void for beneficiary and use die in the  life of the devisor which see bret and Rygdens case a man seize of three acre  bargain and sell one of they without show which and that before the statute of  h the bargainee die before election no election descend to the heir for then  he shall be a purchaser and by Wray and Anderson the devise be void and it be  all one with Brett and Rigdens case and by Anderson a man devise land to the  use of one which use by possibility be good and by possibility not good if  afterward beneficiary and use can take the devise shall be to the use of the  devisor and his heir trin Elizabeth in the king bench
cccxlii Sanderson and EKINSS case in debt upon a loan by Sanderson against  ekins who wage his law and at the day be ready to wage his law the court  examine he and upon examination it appear that the plaintiff and defendant be  reciprocal indebt the one to the other and upon conference betwixt they before  the action bring there be a accord betwixt they that the plaintiff shall give  to the defendant such a sum which he have do and that the one shall go quit  against the other and it be the clear opinion of the whole court that upon the  matter the defendant can not wage his law for a debt can be extinguish by word  mich Elizabeth in the exchequer
cccxliii pasc Elizabeth in the common plead a man make a lease for life and  afterward make a lease to another for year the ordinary commit licence of  Administration to a the tenant for life and a join in the purchase of the  feesimple of the land demise it be hold by the justice that the fee be execute  for a moiety for the remainder for year be not any impediment unto the  execution thereof manwood conceive that the term be not extinct for it be not  proper a term but as a interest of a term which can be surrender mounson he  have the term in auter law videlicet as administrator therefore it can be  extinct dyer if a executor have a term and purchase the feesimple the term be  determine a woman tenant for year take a husband who purchase the fee the term  there be extinct manwood true there for the husband do a act which destroy the  term videlicet the purchase but if a woman be a termor marry with he in the  reversion the term continue for here be no act of the husband but the act of  the law dyer be of opinion that the tenant for life and the administrator  shall be tenant in common of the fee the case be adjourn
cccxliii the dean and chapter OF Windsor case in this case it be move if he  who have a rectory impropriate and by the statute of h be to pay a annual rend  for the same in the name of a ten and thereby be discharge of all first fruit  and ten shall have the privilege of the exchequer for he be to pay the same  sum yearly and it be the opinion of the baron that he shall not for so ever  one who be to pay any ten or firstfruits shall draw other who have sue he into  the exchequer and so all controversy concern tithe and parsonage shall be draw  thither which shall be a great prejudice to the spiritual court but Egerton  solicitor vouch a case videlicet coniers case the king give a parsonage to a  priory in frankalmoign and the tithe thereof be withdraw the prior implead he  who withdraw the tithe in the exchequer and it be hold that the prior shall  have the privilege for the king be endanger to lose his patronage or rather  his foundership if the rectory be evict gentleman baron the king tenant in  chief or he who pay firstfruits or he who hold of the queen in feefarm shall  not have in such respect the privilege here Len Leonard er p Leonard mich  Elizabeth in the king bench
cccxliv mich Elizabeth in the common plead the case be the husband be seize in  the right of his wife of certain customary land in fee he and his wife by  licence of the lord make a lease for year by indenture render rend have issue  two daughter the husband Leonard die the wife take another husband and they  have issue a son and a daughter the husband and wife die the son be admit to  the reversion and die without issue and by manwood the say reversion shall  descend to all the daughter notwithstanding the half blood for the estate for  year which be by indenture by licence of the lord be a demise or lease accord  to the order of the commonlaw and accord to the nature of the demise the  possession shall be adjudge which possession can be Leonard er p say the  possession of the copyholder for his possession be customary and the other be  contrary and therefore the possession of the one shall not be the possession  of the other and so no possessto brother in this case but if there have be a  guardian by the custom or this lease have be make by surrender then the sister  of the half blood shall not inherit and by mead the case of the guardian have  be so adjudge mounson to the same intent and if a copyhold descend to the son  he be not a copyholder before admittance but he may take the profit of the  land and punish a trespasser
cccxliv SLEDDS case sled of great Melton in the county of oxon be assess to S  for a fifteen and upon refusal to pay the same the collector distrain the  beast of sled and sell they thereupon sled bring trespass against he the in  the king bench and the collector exhibit a bill against sled who show by his  counsel that the statute of Elizabeth which enact this fifteen provide that  the say fifteen shall be levy of the movable good chattel anon other thing  usual to such fifteen and ten to be contributory and Chargeable and show  further that his beast distrain to be tempore severity upon the glebeland of a  parsonage presentative which he have in lease which glebeland be not  Chargeable usual to fifteen grant by the temporalty nor the cattle upon it it  be the opinion of the justice that although the parson himself shall pay ten  to the king yet the layfarmor shall pay fifteen and his cattle be distrainable  for the same upon the glebeland of the parsonage and therefore it be award  that the distress and the sale be lawful Len pasch Elizabeth in the exchequer
cccxlix hill Elizabeth in the court OF ware the case be a give land to b in  tail render rend b suffer a common recovery with voucher unto the use of a  stranger and his heir it be the opinion of some that the rend remain and it be  resemble to Littleton case Lord mesne and tenant the lord purchase the tenancy  now the mesnalty be extinct yet he who be the mesne shall have the surplusage  of the rend of the lord now tenant of the land as a rend distrainable of  common right and it be say by Heskith late attorney of the court of ware that  it be late the case of the Lord de la ware that in such case notwithstanding  such common recovery the donor shall have the rend although that his reversion  be go but cook be of opinion that the rend be go for the rend be incident to  the reversion and there be not any question but that the reversion be go  Leonard er p Leonard mich Elizabeth in the common plead
cccxlv mich Elizabeth in the common plead the case be a man seize of land in  fee devise that his wife shall take the profit of his land until mary his  daughter and heir shall come to the age of year and if the say mary shall die  that I S shall be his heir manwood the daughter after she have attain the age  of year shall have the land in tail for devise ought to be construe accord to  the intent of the devisor as near as if may be collect but no intent shall be  take against all reason a d certainty it be certain that the daughter shall  not have the feesimple for the same shall have descend to her without any  devise and these word if she die can be intend a condition for it be certain  that she shall die but if the word have be before the age of year that after  her death I S shall be his heir in such case it have be a condition and when  it be say that I S shall be his heir it shall be intend his collateral heir so  as the estate tail remain in the daughter mounson and Harper contrary and that  she shall have but for life and by mounson if I S have be a stranger to the  devisee she shall take nothing and this case be put by Barham sergeant a man  devise to his young daughter to his middle daughter and to his old daughter  and that all these sum shall be levy out of the profit of his land and it be  the better opinion of the court that the young daughter shall be first pay and  then the middle and then the old daughter and that be one coniers case Leonard  mich Elizabeth in the common plead
cccxlv sir walter water case it be move in this case that if one have a  judgement in debt and upon the same within the year sue forth a capias ad to  give satisfaction although that he do not prosecute it by the space of or year  yet when he please he may proceed upon it and shall not be put to a to know  facias and of that opinion be Philips manwood I grant that if one have sue  forth a writ of execution and the same be continue by sheriff non to cause to  go breve for or year yet the plaintiff may proceed upon it and shall not be  put to a to know facias but if such a writ be sue forth and not continue but  discontinue by a year and a day be shall be put to a to know facias for it be  the negligence of the plaintiff of not continue it which within the year and  day he may do without order of the court but not after the year by any order  of the court c Len Len Leonard mich Elizabeth in the king bench
cccxlvi crying Euhan godfrey and arnold case the case be Evans and Godfrey be  bail for one Kemp at the suit of Alice Arnold Kemp be condemned and a capias  ad satisfaciend award against the surety by which process Godfrey be take and  be suggest to the plaintiff that Evans the other bail be sufficient to satisfy  he but that be himself be not sufficient but utter unable to do it upon which  surmise the plaintiff be content that Godfrey shall go at liberty so as he do  procure Evans to be arrest who do it accord and now Evans be arrest sue a  hearing complaint upon that escape of Godfrey and they be at issue upon the  escape and afterward it be espy that the venire facias be to summon in action  transgression super grammatical case whereas it shall be in a hearing  complaint it be say by Kemp secondary that the venire facias upon every  original writ in this court as this hearing complaint be ought to contain in  it the issue but when the suit be upon a bill then the word be ad recognoscend  in action transgression super grammatical case and afterward by the advice of  the court a juror be withdraw by assent and so the matter be stay Leonard er p  mich Elizabeth in the exchequer
cccxlvi the archbishop OF yorks case the case be the king grant to the  archbishop of York the toll of corn sell in the market of Rippon and afterward  the king grant to the mayor and citizen of York to be discharge of toll  through the whole realm and afterward the archbishop exchange his manor of  Ripon with the king for another manor it be move if now the citizen of York  shall be discharge of toll for the grant to the archbishop be eigne to the  grant to the citizen of York to be discharge of toll in Rippon dyer conceive  that the shall not be discharge for the king have no right and when the king  grant over the manor of Rippon the grantee shall have the toll notwithstanding  the grant make to the citizen for the grant make to they be void as to  discharge they of toll at Rippon for the grant to the citizen shall not take  effect after the exchange for the grant be void ab beginning but if the grant  of the king to the archbishop have be but for life then the grant afterward  make to the citizen shall have take effect after the estate for life determine  and the better opinion of the court be that toll shall be pay Leon mich  Elizabeth in the exchequer
cccxlvii CHENEYS case note by the baron in this case if rentcorn be reserve  upon a lease for year and it be behind for or year that the lessor may have  debt for the corn and shall make his declaration of so much corn and the same  shall be in the to hold off but yet he shall not have judgement to have corn  but so much money as the corn be worth every several year be account clark  baron doubt if he shall recover the price of the corn as co n be at the time  of the contract or accord to the price which it be at the time when it be  Payable or as it be at the time of the action bring manwood the law be clear  that the lessee shall pay accord to the price which be at the time of the  payment and delivery limit by the lease clark a be bind to deliver to the  obligee bushel of wheat and no place be limit where the payment shall be make  the obligor be not bind to seek the other party wheresoever as in case of  payment of money for the importableness of it shall excuse he which manwood  grant roll Leonard mich Elizabeth in the exchequer
cccxlvii foster and pitfall case in ejection strong the case be brook devise  land to his wife in general tail the remainder over to a stranger in fee and  die she take another husband and have issue a daughter the husband and wife  levy a fine to a stranger the daughter as next heir by h enter it be agree by  the whole court that a estate devise to the wife be within the word but not  within the meaning of the statute second it be resolve that no estate be  within the meaning of the statute unless it be for the jointure of the wife  three resolve that the meaning of the statute be that the wife so prefer by  the husband shall not prejudice the issue or heir of her husband and here  nothing be leave in the issue or heir of the husband so as the wife can not  prejudice they for the remainder be limit over cro Leonard Elizabeth in the  king bench
cccxlvii the bishop OF London case the case be the king lord mesne and tenant  the mesnalty be hold in chief and the tenancy by service the mesnalty escheat  by attainder now if the tenancy shall be hold in chief manwood it have be hold  that no tenure in capite Leonard er p may be if not by the make of the king  and he say that if before the statute of west the tenant of the king have make  a feoff to hold of he so that now there be lord mesne and tenant and afterward  the mesnalty come to the king by attainder and if by the say mesnalty to the  crown the signiory paramount be extinct then the tenancy be not hold in chief  but if the mesnalty be drown in the seignory it be otherwise some hold that  there be a difference where the mesnalty come to the signiory and where the  signiory come to the mesnalty quaere Leonard trin Elizabeth in the king bench
cccxlviii fillip fine and the lord Dacres case the case be tenant in tail of  land the remainder in chief levy a fine without the king licence and if the  tenant of the Lord Dacres shall be Chargeable by the fine for the case be that  the Lord Dacres be tenant in tail the remainder in tail to Philip fine be the  question it be hold by the baron that the tenant shall be discharge but it be  hold that if the conusor have any other land within England the fine may be  levy thereof but the question be if the tenant shall be put to plead in  discharge of that which will be a great charge or shall be discharge without  plea because it appear by record that he who alien be but tenant in tail in  remainder for there be a office of it which be plead by another in another  cause it be say where such matter appear of record as by office livery c there  he need not to plead such matter in discharge because the plead of the same be  to no other purpose but to satisfy the court by a record that the matter be so  as the party in his discharge have allege and therefore in this case the baron  give order that the process against the tenant of the Lord Dacres shall be  discharge Len ante
cccxv MOULTONS case this case be move to the court by cook that one Robert  Moulton tenant in tail have issue two son Robert and John die seize and that  Robert his son and heir levy a fine thereof and afterward levy another fine  and die without issue and John bring two several writ of error to reverse both  fine and the tenant to the writ of error bring upon the first fine plead the  second fine in bar of it and in bar of a writ of error bring upon the second  fine he plead the first fine the court advice he to reply that the fine plead  in bar be erroneous see h where a man be to annul a outlawry his person shall  not be disable by any other outlawry mich Elizabeth in the king bench
cccxv pasc Elizabeth in the common plead execution note it be agree by the  court and affirm by the clarks that if a action of debt be bring upon a  obligation against two upon one joint praecipe and the plaintiff have  judgement to recover that one joint execution ought to be sue against Leonard  er p they both but if the suit be by original and several praecipes execution  may be sue forth against any of they mich Elizabeth in the common plead
cccxvi babington and BABINGTONS case in debt bring the defendant plead a  attachment make in London after imparlance it be adjudge that it be not any  plea and Wray say that the same shall be observe for a rule in other case  after that plea be disallow the defendant plead variance betwixt the  obligation and the declaration for the obligation be Randal Bab and the  declaration be ad respondend randulpho b alias Randal b cook say that  Randulphus be Latin for Randal Owen sergeant show diverse precedent where  Randulphus be take for Randal but the court do not agree upon it Wray advice  the plaintiff for his more speed to bring a new writ but gawdy say that the  writ bring be good enough Leonard mich Elizabeth in the king bench
cccxvi Belfield and rous case in dower by sibyl Belfield who be the wife of  Anthony rous against Thomas rous they be at issue upon detinue of charter and  it be find f r the demandant and it be further find that the husband of the  demandant of who seize she demand dower die have issue Charles rous whoever it  be idem carolus dict sibyl to take wholly To take back per interval sex a year  proxime post death dict anthonii the issue and profit of the say land whereof  the demandant now demand dower and that the say Charles afterward die without  issue after who death the say Thomas rous enter c and judgement be give for  the demandant and to recover damage after the death of her husband
cccxvii pasc Elizabeth in the common plead use before the statute of use a  feoff be make to the use of a man sole and a woman sole and their heir and  afterward they intermarry and afterward the statute of use come it be the  opinion of the justice that they shall hold the land in such sort as they hold  the use sure by several and divide moieties for by the say statute the  possession shall be execute to the use in such nature condition and quality as  it be before Leonard mich Elizabeth in the king bench
cccxvii pike and hassen case a action upon the statute of h touch buy of title  and the bargain be lie in Norfolk but the land c be in Suffolk and the issue  be try in Norfolk and the value of the land also and as to the acre they find  the defendant guilty and find also the value of they and for the residue a  special verdict be give and for the acre the plaintiff have judgement present  and by the special verdict it be find that the defendant have occupy the  residue of the Leonard er p land for two year before c as tenant at sufferance  and afterward sell the inheritance Wray chief justice tenant at sufferance be  in truth a tort feasor by which his to king of the profit be not such as be  intend by the statute but yet he afterward look into the word of the verdict  which be that the defendant to hold the land for two year ex permission of  another thereupon it ought to be intend that he be tenant at will mich  Elizabeth in the king bench
cccxviii pet and BALDENS case prohibition in a prohibition the plaintiff  declare that whereas Michael pet be seize of diverse land and make his will by  which he make the plaintiff his son his executor and thereby devise unto a his  wife one hundred pound in consideration and recompense of her dower of all his  land and die and the say a take to husband the defendant and that after  betwixt the plaintiff and defendant colloquium a certain to have c upon which  conference and communication Leonard the defendant in consideration that the  plaintiff promise to pay to he the say one hundred pound Leonard er p promise  to make to he a discharge of the say one hundred pound and also of the dower  of his wife and show further that notwithstanding that the say pet be ready  and offer the say one hundred pound and dower also yet c upon which there be a  demurrer in law it be move by tan that here be not any cause to have a  prohibition for the agreement upon the communication be not any cause for it  do not appear that it be perform coke a prohibition lie for the wife can have  both money and dower for that be not the meaning of the devisor and therefore  it have be hold that if a man devise a term for year to his wife in  satisfaction and recompense of her dower if she recover dower she have lose  her term also here be modus and assembly which alter the law sure mutual  agreement so if the parson and one of the parishioner agree betwixt they that  for forty shilling per annum he shall retain his tithe for three year c as it  be in the case betwixt green and Pendleton c it be good cro mich Elizabeth in  banc king
cccxviii sir Gervaise CLYFTONS case quo warranto a quo warranto be bring  against sir Gervaise Clifton and show that the say sir Gervaise be seize of a  manor and a message within which he claim to have a court with view of  frankpledge and other liberty and that without any grant or authority to seize  for use freedom prediction that the defendant plead quod non to seize for use  freedom prediction infra messuagium predict modus form and thereupon it be  demurrer in law for it be say that the defendant ought to have say non to  seize for use freedom prediction nec the dawn aliquan for he ought to answer  one and also he ought to have plead as well to the manor as to the message for  if the defendant have hold court within any place of the manor it be  sufficient and the case h Br travers sans Ceo be cite a information be in the  exchequer that the defendant have buy wool of a b contrary to the statute the  defendant plead that he have not buy of a b and the plea be not allow for he  ought to have say that he have not buy modus form for if he have buy of a b r  I S the same be not any matter nor traversable which cook deny to be law and  be conceive also that the information upon the quo warranto be not sufficient  for by the same the defendant be charge to hold a court and it be not show  what court and it may be it be a court of pypowders turn c and vide e a quo  warranto contain two thing claim usurpation and here the defendant have answer  but to the usurpation and it have say nothing as to the claim and it have be  hold here heretofore that he ought to make answer to both and it have be hold  in a read upon the statute de quo warranto which be suppose to be Frowicks  read that a quo warranto do not Leonard er p lie of such liberty which do not  lie in claim as good of felon c which lie only in point of charter Leon
cccxviii sparry and WARFIELDS case in false imprisonment against the defendant  and other they plead the charter of Bridewell and that the plaintiff be mali a  means of knowing hunger and that certain good be steal from I S and upon  search the plaintiff be find suspicious c and that thereupon they put he into  Bridewell it be the opinion of the justice that the plea be not good pasch  Elizabeth rot in the king bench
cccxx beal and tailor case lease retainer of rend upon evidence to a jury it  be hold by gawdy and Clench justice that if a lease for year be make and the  lessor covenant to repair during the term if now the lessor will not do it the  lessee himself may do it and pay himself by way of retainer of so much out of  the rend which see h h a lease for Leonard er p year by indenture and the  lessor covenant to repair the house and afterward the lessor command the  lessee to mend the house with the rend who do it accord and expend the rend in  the charge c so r bar the lessor covenant that the lessee shall repair the  tenement when they be ruinous at the charge of the lessor in debt for the rend  the lessee plead that matter and that accord to the covenant he have repair  the tenement be then ruinous with the rend and demand judgement if action c  and good Fenner justice contrary for each shall have action against the other  if there be not a express covenant to do it quaere if the lessor covenant to  discharge the land lease and the lessee of all rentcharge issue out of it if a  rend charge be due if the lessee may pay it out of his own rend to the lessor  ad quod non to be responsum cro Jones Yelv mich Elizabeth in the king bench
cccxx south and marsh case note it be hold by the court that where marsh be  indebt unto south without any obligation for it but only by a note in write  sign with the hand of Leonard er p marsh sure by I W marsh but not seal that  such a debt may be assign to the queen although that before the assignment  against a creditor he may have wage his law for in as much as by these note  and bill the certainty of the debt appear and be true debt they may well be  assign see h a obligation may be assign to the queen without deed enrol and  where the obligee be not indebt to the queen but it can be assign to a subject  if not for a debt due by the assignor to the assignee for otherwise it be  maintenance and in this case it be hold that where the king sue for a debt  assign to he the obligor can plead nothing debet for now by the assignment it  be become matter of record Noy Leonard mich Elizabeth in the king bench
cccxx temps roign Elizabeth devise a devise that his wife shall take the  profit of his land until his daughter shall come to the full age of year and  if the daughter die within the age of year then his wife shall have the land  for her life the remainder over to S the daughter become of the age of year  and die before she come of the age of year and dyer hold clear that the  remainder be go for the daughter accomplish and survive the age of year and he  say that the case late depend in the king bench be this the husband devise the  profit of his land to his wife for year and that then his son shall have it in  tail to he and to the heir of his body c now before the year expire he have  fee and if he have issue then his estate be change into tail but by Carus he  have both estate sure feetail and feeexpectant
cccxxi temps roign Elizabeth surrender a woman tenant in tail make a lease not  warrant by the statute take a husband have issue and die the husband be tenant  by the courtesy surrender to the issue it be hold that he shall not avoid the  lease during the life of the tenant by the courtesy but yet some hold that the  surrender ought to be by deed as a lease to a for life the remainder to b for  life the remainder to c in fee if b surrender to c it must be by deed Leonard  er p
cccxxi trap case Robert trap Elizabeth seize of message in Clarkenwell in the  occupation of several person videlicet a b c c and name they certain demise  they to one Cox and afterward convey the inheritance of they to one Brian trap  in fee who afterward demise to I S all those message in Clarkenwell which  Robert trap do demise inter alian to Cox by indenture date Elizabeth now in  the occupation of a b c c and one of the occupier name be leave out in the  recital and it be hold by the whole court that notwithstanding the say  omission the say message do pass for there be sufficient certainty before and  the falsity come after the verity mich Elizabeth in the king bench
cccxxii brewin and mansfield case in a action upon the case the plaintiff  declare that a be indebt to he in and make the defendant his executor and die  and that the defendant in consideration that the plaintiff will forbear the  defendant for a certain time promise to pay it at two several day and show  which in certain and it be find for the plaintiff it be move in arrest of  judgement that it be not set down in the declaration by what portion the shall  be pay Clench justice conceive that the defendant have liberty to pay it in  what portion he please gawdy he ought to pay it by equal portion as a rend  reserve Payable at two feast without say by what portion it shall be pay and  he say that if the plea for the cause aforesaid have be defective yet now  after verdict all be help for it be but form and afterward the opinion of the  whole court be that the matter show be not good to stay judgement wherefore  the plaintiff have judgement to recover
cccxxiii FILCOCKS and holt case assumpsit in a action by Filcocks against holt  administrator of a the plaintiff declare how that the husband of the defendant  who die intestate be indebt to the plaintiff in To give back by bill and that  the defendant in consideration that the plaintiff will permit the defendant to  take letter of Administration and give to her further day for the payment of  the say To give back promise to pay the say To give back to the plaintiff at  the day and upon a writ of error bring in the exchequer upon a judgement in  the king bench in that case it be assign for error that here be not any  consideration for by the law she be to have Administration be wife of the  intestate and as to the give of further day for the payment of the To give  back the same will not make it good for it do not appear that she be  administratrix at the time of the promise make and then she be not Chargeable  and then c and such be the opinion of the court and it be say by periam  justice and manwood chief baron that the bishop may grant letter of  Administration to who he please if he will forfeit the penalty limit by the  statute also it be say where a executor or administrator be charge upon his  own promise judgement shall be give de good not common with others for his  promise be his own act Larch mich Elizabeth in the king bench
cccxxiii mich Elizabeth in the common plead the case be the plaintiff in a  second deliverance be nonsuit and a writ award to inquire of the damage and  return and the defendant have a writ de retorno to have upon which the sheriff  return who averia withdraw upon which a withernam be award by which all the  other cattle of the plaintiff be deliver to the defendant and after a year  time the plaintiff come into court and pay the damage and Leonard cost recover  against he and the opinion of the court be that he shall have a special writ  to the sheriff recite the whole matter to restore the plaintiff his good take  in withernam without any allowance for the keep in the mean time for it be  intend that their labour or other profit by they do countervail such charge  and brooker prothonotary say that he have a precedent to that purpose of  Elizabeth Len Leonard er p mich Elizabeth in the king bench
cccxxiv Adam and BAFEALDS case action upon the case a action upon the case be  bring and the plaintiff declare that where such a one his servant depart his  service without cause or licence the defendant know Leonard er p he to be his  servant do retain he in his service and so keep he Tanfeild the action do not  lie for if my servant depart out of my service and another do retain he a  action do not lie at the commonlaw if he do not procure he to leave my service  and afterward retain he or immediate take he out of my service and this action  be not ground upon any statute see h e e gawdy the action lie for here be  damage and wrong do to the plaintiff Fenner contrary for the wrong be in the  departure and not in the retainer and upon the statute it be a good plea to  say for the defendant that the party be vagrant at the time of the retainer  and the sciens do not alter the matter mich Elizabeth in the king bench
cccxxiv dalton and selby case upon a attachment remove out of London a  procedendo be pray and the case be that one brook be indebt to Dalton and  Selby be indebt as much unto brook Dalton attach the debt in the hand of Selby  and the debt of brook be not yet due and it be say that that debt not be yet  due be not attachable by the custom for Dalton can not affirm a plaint of debt  against brook before that the debt be due but if the principal debt have be  due Dalton may have attach the say debt that Selby owe to the say brook  although that debt be not due and such be the opinion of the whole court see e  e h mich Elizabeth in the king bench
cccxxiv hill Elizabeth in the king bench traverse in a action upon the case  the plaintiff declare upon certain corn which come to the hand of the  defendant and that he convert it and suppose the come to be to his hand in  London the defendant say that he be seize of certain land in r in Berks and  that the plaintiff do thereof he seize and sow the land and before severance  he himself reenter and take away the corn as be lawful for he to do without  hoc that any corn come to his hand in London and by the opinion of the whole  court the traverse be hold to be good hill Elizabeth in the common plead
cccxxix butler and LIGHTFOOTS case in this case it be hold by the baron that  if tenant for life be of a copyhold the remainder over in fee to another he in  the remainder may surrender his estate if there be not any particular custom  to the contrary for the estate of tenant for life and he in the remainder be  but one estate and the admittance of the particular tenant be the admittance  also of he in the remainder Len mich Elizabeth in the common plead
cccxxix GEOFRIES and quoit case it be find by special verdict that one Avice  Trivilian be tenant for life the remainder to her son in tail the remainder  over tenant for life and he in the remainder in tail make a lease for life the  remainder for life render rend tenant for life die he in the remainder die and  his son accept of the rend of the tenant for life in possession who die the  issue in tail enter he in the remainder for life enter c and it be conceive  that this acceptance of the rend of the lessee for life do affirm also the  remainder see Litt sect and such be the opinion of gawdy and Fenner justice  cro pasch Elizabeth in the king bench
cccxxix mich Elizabeth in the king bench note this case a make a feoff in fee  to b and bind himself only to warranty without more b be implead and vouch a  who eater into the warranty and lose so as judgement be give against b and  also to recover in value against a who before execution die it be the opinion  of the court that b shall have execution in value against the heir of a
cccxxv mead and bigot case in a action upon the case by mead against bigot the  plaintiff declare that W Arnold have levy a plaint of debt in the court of the  manor of Stepney against Stokes and whereas the say Arnold have procure a  warrant direct to the plaintiff be bailiff of the manor and minister of the  say court to attach the say Stokes by his good to answer to the say Arnold at  such a court c and whereas by virtue of the say warrant the plaintiff have  attach the say Stokes by two quarter of wheat be the good of the say Stokes to  answer the say Arnold in the say plaint and whereas the plaintiff have deliver  the say wheat to jane wife of the say Arnold to keep until the next court the  defendant in consideration thereof promise to save the plaintiff harmless  concern the say corn and it be hold that here be not any consideration for it  be against law for such a officer in such a case to deliver a thing attach ut  above to the plaintiff or to his wife also the consideration be a thing  execute before the promise also a man can be attach by corn and afterward  judgement be give against the plaintiff Leonard mich Elizabeth in the  exchequer
cccxxv nash and MOLLINS case prohibition tithe Nash and usher sue a  prohibition against Mollins for that the defendant have libel against they in  the spiritual court for tithe of wood grow in bark park in Essex the other do  surmise that the land be parcel of the possession of the prior and covent of  Cree church and that the say prior and his successor time out of mind c have  hold the say land discharge of tithe and hold they so at the time of the  dissolution c and the other part traverse it whereupon they be at issue if the  prior c Leonard hold the land discharge tempore disintegration c and now on  the part of the plaintiff in the prohibition certain old person be produce who  remember the time of the monastery and that they do not pay any tithe then or  from thence exception be take to the suggestion by coke that here be nothing  else than a prescription de non decimand for here be not set forth any  discharge as composition unity of possession privilege of order as templarii  hospitiarii c Fenner justice spiritual person may prescribe in non decimand  for it be not any prejudice to the church Wray although it be not set down the  special manner of discharge yet it be well enough for we ought to take it that  it be by a lawful mean as composition c or otherwise for the statute be that  the king shall hold discharge as the abbot c and we ought to take it that it  be a lawful discharge of tithe tempore disintegration and afterward the jury  find for the plaintiff in the prohibition but no evidence be give to prove  that the defendant do prosecute in the spiritual court contrary to the  prohibition cro mich Elizabeth in the king bench
cccxxv Wingate and sand case ejection strong by Wingate against sand it be  move upon evidence that a fine be levy and in one term three proclamation be  make and before that the four proclamation be make the term be adjourn so as  the four proclamation can not be make the say term it be agree Leonard by the  whole court that by that adjournment the four proclamation be not execute but  shall be supply the next term in which the five proclamation be to be make  trin Elizabeth in the starchamber
cccxxvi SHELDONS case indictment upon the statute of Elizabeth exposition of  word Sheldon Talbot and two other four person in all be indict upon the  statute of Elizabeth of recusancy the word of the indictment be quod that nee  the dawn uterque to come to any parish church c it be move by Atkinson that  the indictment be not good for uterque do refer unto one of they and not where  they be many as here and so be a insensible word and so upon the matter there  be no offence lie to their charge and the justice doubt of it demand the  options of grammarian who deliver their options that this word uterque do apt  signify one of they and in such signification it be use by all writer gawdy I  conceive that the options of the grammarian be not to be ask in this case but  I agree that when a unusual word in our law come in question for the true  construction of it then the opinion of grammarian be necessary but uterque be  no unusual word in our law but have have a reasonable exposition heretofore  which we ought to adhere unto which see h three bind in a obligation Leonard  er p to bind up our a bag of hide nostrum and by the whole court uterque do  amount to who and so Elizabeth dyer three joyntenants in fee and by indenture  tripartite each of they covenant and grant to the other the dawn utrique to  make assurance and there it be hold that the word uterque do amount to who  Wray admit it shall be so take in a bind yet it shall not be so take in a  indictment as if a man make a lease for year render rend Payable at the day of  saint Martin although there be two day of saint Martin in the year yet the  reservation be good and the rend shall be take Payable at the most usual day  of saint Martin there in the country but in a indictment if a offence be lie  to be do on saint martins day without show which in certain it be not good  Fenner the word uterque be matter of surplusage and therefore shall not hurt  the indictment Leonard mich Elizabeth in the king bench
cccxxvii mich Elizabeth in the common plead in a writ of partition the  defendant pray in aid the plaintiff counterpleaded the aid upon which issue be  join and find for the plaintiff it be the opinion of the court that it be  peremptory for the defendant and the plaintiff shall have the partition sure  quod fiat partition and the reason thereof be for the delay of the plaintiff  and for the vexation of the country who be to try it otherwise it have be if  it have be adjudge against the defendant upon a demurrer
cccxxvii Owen Morgan case Owen Morgan exhibit a information upon the statute  of usury for a usurious mortgage make and charge the defendant that to take in  hand ultra in Cl for the forbearance for one year and that be out of the issue  rend and profit which he take in Middlesex of land in Glamorganshire in Wales  mortgage to the defendant manwood chief baron say that one may take the rend  of land in Wales in the county of Middlesex but a man can take the issue and  profit of the land but where the land be and leak case be cite where a  information be bring for cut down of wood and convert it into coal and leak  the informer lie the cut to be in the county where the wood grow but the  conversion of it into coal in the county of Middlesex and manwood say in the  principal case that the take of the issue and profit ought to have be lie  where the land be and such be the opinion of the whole court Leonard er p  Leonard mich Elizabeth in the exchequer
cccxxviii CURSONS case Curson acknowledge a statute to Starkey alderman of  London and afterward he acknowledge another statute to one Hampden who assign  the same to Fitton who assign the same to the queen Starkey sue forth  execution upon his statute and thereupon the land be extend of Curson and he  have a liberate of it it be agree by all the baron that if Starkey have  execution upon the statute before the queen his execution shall stand against  the queen and the queen shall not put he out and it be further agree by they  that if a recover a debt in the common plea so as he have title to sue forth  execution by elegit and the defendant sell his land and afterward a assign his  execution to the queen that the queen shall not have prerogative against the  feoff to have execution of the whole land and it be also hold by manwood chief  baron that if execution he have upon a puisne statute and the same be  afterward avoid by more ancient statute and afterward the ancient statute be  satisfy that now the puisne recognisee may reenter without sue forth any new  execution Len ante mich Elizabeth in the exchequer
cccxxviii page and FAWCETS case error error be bring upon a judgement give in  lyn where by the record it appear that they prescribe to hold plea every  Wednesday and it appear upon the say record that the court be hold Feb  Elizabeth which be die dominic and that be not assign for error in the record  but after in nullo be erratum plead it be assign at the bar and almanac be  show to the court in Leonard er p proof of it and it be hold clear to be error  but the doubt be if it shall be try by jury or by the almanac and it be say  that the justice may judicial take notice of almanac and be inform by they and  that be the case of one Robert in the time of the Lord Catline and by coke so  be the case betwixt gallery and Bunbury and afterward the judgement be reverse  cro Leonard trin Elizabeth in the king bench
cccxxx knight and NORTONS case it be hold in this case that duress of  imprisonment be not intend but where the party be wrongful imprison until he  make the bind and not where a man be lawful imprison for another cause and for  his delivery he make a bind for that be not per hardness imprisonamenti and if  in such case duress be plead the other may say of his own accord without  hardness imprisonamenti without say absq hoc that it be per hardness  imprisonamenti and so it be also hold in the king bench see e e Leonard trin  Elizabeth in the exchequer
cccxxx mich Elizabeth in the common plead a seize of land in the right of his  wife for the term of the life of the wife make a feoff in fee to the use of  his say wife for her life in that case the wife be remit and it be not like  townsend case blow Com for in that case the entry of the wife be not congeable  for she be tenant in tail which estate be discontinue by the feoff of her  husband periam justice cite Sidenhams case baron seize in the right of his  wife for the term of the life of the wife they both surrender and take back  the land to they and a three person and it be hold that the wife be not  present remit but after the death of her husband she may disagree
cccxxxi Hungate and hall case the case be Curson acknowledge a statute to  alderman Starkey and afterward acknowledge another to Hampdem which be assign  to the queen afterward the land of Curson be extend for Starkey and a liberate  thereof it be hold by the court that the same be a good execution and that the  queen shall not avoid it but if the land have be extend at the suit of the  queen then the execution of the queen shall hold place although it be a  statute of a puisne date and by clark baron if a recognizance acknowledge by a  subject be assign to the queen it have be a question if all the land of the  conusor shall be extend or but the moiety as it shall be at the suit of the  conusee himself it be hold that all the land shall be extend ante Len Leonard  er p trin Elizabeth in the exchequer
cccxxxi mich Elizabeth in the common plead a b and c three brother a have  issue and die the middle brother purchase land and devise the same to his son  in tail and if he die without issue that the land shall remain to the king and  lineage of the father know of the middle brother and if the son of the old son  or the young brother shall have the land be the question and it be the opinion  of the Lord dyer that the son of the old brother shall have it Leonard er p
cccxxxii harvey and thomas case lease the case be husband and wife seize of  land in the right of the wife the husband alone make a lease by word for year  afterward the husband and wife levy a fine and after the wife and husband both  die it be hold clear by the whole court that the conusee shall avoid the lease  cro trin Elizabeth rot in the king bench
cccxxxii the lord grays case the Lord grey tenant of the king of land hold in  capite by licence of the king make a feoff of the land in fee and afterward  levy a fine for further assurance and upon process the party come into the  court and show this matter and the party be advice by the court to aver that  the say fine be for further assurance and then upon such averment he shall be  discharge without any pardon sue forth for the fine c trin Elizabeth in the  exchequer
cccxxxiii sir walter Wallers case in sir Walter Wallers case it be hold in the  court of exchequer that a debt of record as upon a judgement c can not be  attach by the custom of London and so it be hold in the case of sir John  Perrot in the common plea and it be say by cook that such a debt can not be  assign upon the statute of bankrupt Len Len Leonard mich Elizabeth in the  exchequer
cccxxxiii sly and mordants case in a action upon the case the plaintiff  declare that whereas he be seize of certain land the defendant have stop a  watercourse b that which his land be disown and find for the plaintiff it be  move in arrest of judgement that it appear upon the plaintiff own show that  the plaintiff have the freehold and therefore he ought to have a assize but  the same be not allow and therefore the plaintiff have judgement cro Len Len  die cro Leonard er p trin Elizabeth in the king bench
cccxxxiii wait and cooper case in ejection strong between wait and Cooper it  be find by verdict that Cranmer late archbishop of Canterbury be seize of the  manor and borough of Southwark in the right of his bishopric and that the  prior of Morton be seize of the house in which the ejectment be suppose and  hold the same of the say archbishop as of his say manor and borough after  which h the say archbishop give to the king the say manor and borough with  confirmation of the dean and chapter and that the same year the say prior  surrender by which the say king be seize as well of the say manor and borough  as of the say house and afterward the king by his letter patent give the say  house and other land in Middlesex and Essex to Curson and pope in fee tenant  in book burgagio per faithfulness so much non in capite pro omnibus serviciis  demand and afterward king Edward give the say manor and borough to the mayor  and commonalty of London Curson and pope covey the say house to Welsh in fee  who die without heir all the question be what tenure be here reserve upon the  word and grant make by king Henry to Curson and pope it be say it can not be a  tenure in burgage because here be not any rend reserve which see by Littleton  and the Lord Anderson at the first very strong insist upon that another matter  be because here be reserve for all the land and tenement but one tenure so  that if the court shall adjudge the tenure reserve to be burgage then land at  the commonlaw out of borough shall be hold in burgage also a tenure in burgage  can be create without these word ut de burgagio and to that purpose shoot  justice agree vide Br tenor Leonard mich Elizabeth in the king bench
cccxxxiv full case note it be hold by the whole court in full case that if one  give l to another to have a annuity of assure to he for year if he his wife  and four of his child so long shall live that this be not within the statute  of usury so if there have not be any condition but care be to be take that  there be no communication of borrow of any money before trin Elizabeth in the  king bench
cccxxxiv KENSAM and REDINGS case grant of the king the case be that the queen  by her letter patent grant the site of the manor of Brokeley lie in W and all  the land pasture wood underwood and hereditament parcel or appertain to the  say site To take out omnibus young fig tree kind of water fowl maremio and  further in the say letter patent there be a proviso that the lessee shall have  sufficient houseboat and hedgeboot c and if notwithstanding the say exception  they lessee shall have the underwood be the question and it be argue that the  lessee shall have subbois I e underwood for that be grant by express word and  the exception extend only young fig tree for this word young fig in the  exception extend to all that which follow gawdy justice if it be in the case  of a common person it be clear that upon such matter the underwood be not  except e dyer a lease be make of a manor except timber and great wood the  underwood shall pass Fenner justice the proviso that the lessee shall have  houseboot show the queen intent that the underwood shall not pass Wray if this  word bois in the exception shall not extend to underwood it shall be vain and  signify nothing which shall be hard in the case of the queen cro hob
cccxxxiv sir brian tuck case in this case it be hold by all the baron clear  that the executor of a executor shall not be charge with a devastavit make by  the executor of the first testator do not in the case of the king because it  be a personal wrong only office of executor roll Savile mich Elizabeth in the  exchequer
cccxxxix mich Elizabeth in the king bench the king seize of a manor to which a  advowson be appendant a stranger present and his clerk in by month it be hold  that in such case the grantee may present for the advowson be always appendant  and the inheritance thereof pass to the grantee for it be not make  disappendant by the usurpation as in the case of a common person for the king  can be put out of possession but the patentee shall not have quare hinder of  the first disturbance for that presentment do not pass to he be a thing in  action without mention thereof in his grant and if the patentee bring a quare  hinder of a second avoidance he shall make his presentment by the presentment  of the king not make mention Leonard of the usurpation yet if a bishop present  for lop in the case of a common person he ought to make mention of it for that  be a title to the patron Leonard er p
cccxxxv fine and the lord Dacres case the case be tenant in tail the remainder  of land in chief levy a fine of they without licence of the king and if the  tenant of the Lord Dacres shall be charge for the fine be argue for the case  be that the Lord Dacres be tenant in tail the remainder in tail to Philip fine  and it be hold by all the baron that the tenant land shall be discharge but it  be hold that if the conusor have any other land within England the fine may be  levy thereupon but then the question be if the tenant shall be put to plead  the same in discharge or that the same shall be discharge without plead  because it appear upon record that he who alien be but tenant in tail in  remainder for there be a office find of that which be plead by another in  another cause the opinion of the court be where such matter appear of record  as by office livery c there the party needs not to plead such matter in  discharge for the plead of it be to no other purpose but to satisfy the court  by the record that the matter be so as the party have allege and therefore the  baron give order that the process against the tenant of the Lord Dacres shall  be stay post Len Leonard er p trin Elizabeth in the exchequer
cccxxxv goore and WINKFIELDS case debt upon a obligation by goore against  Winkfield the obligation be write in this form know all by these present that  I h Winkfield be bind to William goore in the sum of c for the payment of  which sum I give full power and authority to the say goore to keep the say sum  upon the profit of the bailiwick of Swinstall from year to year until the same  be pay to which the defendant plead that the plaintiff have levy parcel of the  say sum c and do not show how much and therefore the plead be hold not good  and it be clear agree by the Leonard er p whole court that the plaintiff be at  liberty either to bring his action upon the say obligation or to levy the debt  accord to the clause aforesaid Leon pasc Elizabeth in the king bench
cccxxxv trin Elizabeth in the king bench trover and conversion in a action  upon the case the plaintiff declare of trover of a bag of money and the  conversion of it the defendant plead that the bag of money be deliver to he as  a pawn to keep until a and b be agree which of they shall have it and plead  further that a and b be not yet agree who of they shall have it for which  cause be keep it without hoc that Leonard he convert it to his own use upon  which the plaintiff do demurrer in law it be move that the conversion be never  traversable Wray general conversion be not traversable but upon such special  matter as be here or if a lend money to b and b deliver a thing of the value  to a in pawn now the conversion be traversable see the same case e Br action  upon the case so here Fenner agree with Wray cro mich Elizabeth in the king  bench
cccxxxvi george APRICES case in the case of one George aprice the matter be  that tenant in tail after possibility of issue extinct assign over his estate  unto a against who he in the reversion bring a quid law proclaim and judgement  be give that he shall attorn and upon his refusal he be commit to I prison a d  diverse fine set upon he and estreated in the exchequer it be move that these  fine be impose upon the party against law and the opinion of the court be that  when judgement be give in a quid law proclaim for the plaintiff distress  infinite shall be against Leonard the defendant to bring he in to attorn and  when he come in if he refuse be shall be imprison until he attorn it be also  hold by the court that the fine be not lawful assess and impose upon he and it  be say that it have be adjudge in a court of Wales that the assignee of tenant  in tail after possibility of issue shall attorn upon which judgement a writ of  error be bring in the king bench and there upon good advice the say judgement  be affirm for although it be true that tenant in tail after possibility shall  not be compel to attorn yet that be a privilege which be annex to his person  and not to the estate and by the assignment of the estate the privilege be  destroy ante mich Elizabeth in the king bench
cccxxxvi POWLEY and siers case Powley bring debt against Sier executor of the  will of one a the defendant demand judgement of the writ for he say that one b  be executor of the say a and that the say b constitute the say defendant his  executor so as the writ ought to have be bring against the defendant as  executor of a executor and not as immediate executor of the say a the  plaintiff reply that the say b before any probate of the will or any  administration die and so maintain his writ upon which the defendant demurrer  Wray be for the writ for although here be not any probate of the Leonard will  of a or any other Administration yet when b make his will and the defendant  his executor it be a acceptation in law of the Administration and execution of  the first will gawdy and ailiff justice that the writ be not good vide  Elizabeth dyer mich Elizabeth in the king bench
cccxxxvi the bishop OF lincoln and COWPERS case prohibition tithe the bishop  of Lincoln sue a prohibition against Cowper who have libel against he in the  spiritual court for tithe out of the manor of d and the bishop do suggest that  he and all his predecessor have be seize of the say manor and that as long as  it be in their possession have be discharge of tithe and show that in the time  of e the say manor be convey to the duke of Somerset in fee and afterward be  regranted to the bishop and his successor it be move that the prescription be  not good because de non decimand and admit that the prescription be good the  same be interrupt by the seize of the duke of Somerset and although that the  manor be reassure to the bishop of Lincoln yet the prescription be not revive  as homage ancestral if it be once in a foreign seize although it Leonard er p  be reassure yet it be not revive but by Wray gawdy and Fenner the prescription  be good in the case of a spiritual person but not in the case of a common  person and they all be clear of opinion that the prescription be not go by  this interruption for tithe be not issue out of the land neither can unity of  possession extinguish they neither be they extinguish by a release of all  right of land c see for this case   part of his report in the case of bridle  and napper cro post Elizabeth in the king bench
cccxxxvii tailor case tailor be outlaw in debt where a supersedeas upon record  be deliver to the sheriff before the award of the exigent it be hold that the  party shall avoid the same by plea then it be move if the plea shall be plead  by attorney or in person to which it be say by the justice that where matter  in fact be plead in avoid of a outlawry he ought to plead it in person but  matter of record by attorney and so ford prothonotary say it be agree in the  case of sir Thomas chamberlain Elizabeth and so it ought to be in the  principal case here
cccxxxviii mich Elizabeth in the king bench note it be agree for law in the  king bench if lessee for year grant all his estate and interest to a render  rend by indenture and for default of payment a reentry and the grantor demand  the rend and a demand a acquittance but the lessee for year refuse in such  case a may refuse to pay such rend for the rend be to be pay in this nature  without a acquittance but contrary if lessee for year have lease parcel of his  estate render rend with clause of reentry c
cccxxxviii strait and brag case in a action of trespass for break his close in  h the defendant plead that long before the trespass the dean and chapter of  Paul be seize of the manor of c in the say county of h in fee in the right of  their church and so seize king Edward the four by his letterspatent that a of  his reign grant to they all fine pro freedom to agree of all their homage and  tenant resiants and nonresiants within their fee and show that Elizabeth a  fine be levy in the common plea betwixt the plaintiff and one a of eleven acre  of land whereof the place where be parcel and the postfine be assess to S and  afterward scambler the foreign opposer do allow to they the say S because the  say land be within their fee and afterward in behalf of the say dean and  chapter be demand of the plaintiff the say fifteen shilling Leonard who refuse  to pay it wherefore he in the right of the say dean c and by their commandment  take the distress as baily c for the say S and afterward sell it upon which  the plaintiff do demurrer in law it be move that it be not aver that the land  whereof the fine be levy be within their fee but they say that scambler allow  it to be within their fee and the same be not a sufficient averment which the  court grant and it be the opinion of the court that the dean and chapter can  distrain for this matter but they ought to sue for it in the exchequer as it  appear h in the duchess of somersets case gawdy this grant do not extend to  the post fine for fine pro freedom to agree be the queen silver and not the  post fine Wray all shall pass by it for it be about one and the same matter  and they be of opinion to give judgement for the plaintiff Len trin Elizabeth  rot in the king bench
cci Bingham and squire case Bingham bring debt upon a obligation against  squire the condition be that if the say squire procure a grant of the next  avoidance of the archdeaconry of Stafford to be make to the say Bingham so  that the say Bingham at such next avoidance may present that then c and the  case be that afterward by the mean and endeavour of squire the grant of the  say next avoidance be make to Bingham but before the next avoidance the  present archdeacon be create a bisbop so as the presentment to that avoidance  appertain to the queen it be adjudge in this case that the condition be not  perform and that by reason of these word so that Bingham may present and  afterward the plaintiff have judgement to recover Len hill Elizabeth in the  common plead
cci carry and ten case return of the sheriff the case be upon a latitat the  sheriff return that by virtue of the say process he have arrest the body of  the defendant and that such a day after and Leonard er p before the return of  the latitat a habeas corpus come to he to bring the body immediate into the  chancery which be do accord and there the prisoner be discharge by the order  of the say court and the same be hold a good return for the sheriff be bind to  obey the king writ and to execute they and he can compel the party to put in  surety to appear here and the truth be that the party be bring before the  master of the roll and he do discharge he and per curian the same be no  offence in the court but it be a ill act of the master of the roll for we  often time have person here upon habeas corpus who be also arrest by process  out of the exchequer or of the common plea but we will not discharge they  before they have find surety for their appearance c and so the say court use  to do reciprocal and we can punish the sheriff for the hebas corpus be first  returnable before the latitat but the party may have a action against the  sheriff but we will speak with the master of the roll c and afterward baill be  put in but afterward another exception be take to the return sure a custodian  our men unload to be which may be intend as to the cause in the chancery only  and not for the cause here for he have not allege that he have not allege that  he be commit to any other in custody and for that cause day be give to the  sheriff to amend his return trin Elizabeth in the king bench
cci Griffith and prince case error by Griffith against price upon a judgement  in Chester in ejection strong and the error assign be because the original  bear date April Elizabeth and the plaintiff declare of a ejectment April  Elizabeth so as it appear that the action be bring before there be any cause  of action and that be hold to be error and also ejection strong be not a  personal action and afterward the judgement be reverse trin Elizabeth in the  king bench
cci the viscountess bindon case the executor of Thomas late viscount bindon  bring detinue in the exchequer against the widow of the say viscount and  declare upon the detainer of certain Leonard er p jewel the defendant do  justify the detainer of they as her parophornalia and it be say by manwood  chief baron that parophorn ought to be allow unto a widow have regard unto her  degree and here the husband of the defendant be a viscount mark be a good  allowance for such matter more c oh pasch Elizabeth in the king bench
CCICVI mich Elizabeth in the common bench common recovery suffer by a infant  by his guardian Cooper sergeant come to the bar and show that a tenant in tail  the remainder over to b in fee a for a great sum of money sell the land to I S  and his heir and for assurance make a feoff in fee and levy a fine to the say  I S to the use of the say I S and his heir and note that by the indenture of  bargain and sale a covenant to make such further assurance within seven day as  the say I S or his heir or their council shall devise and show that before a  further assurance be make the say I S die his son and heir be within age and  now by advice of council and of the friend of the infant it be devise that for  such further assurance and cut off the remainder a common recovery shall be  suffer in which the say infant shall be tenant to the praecipe and shall vouch  the vendor and because that the say term of seven year be almost expire and  that the say recovery be intend to be unto the use of the say infant and his  heir it be pray that such a recovery may be receive and allow and two  precedent in such case be show in the time of this queen one the case of the  earl of Shrewsbury and the other one wiseman case but the justice be very  doubtful what to do but at last upon good assurance of people of good credit  that it be unto the use of the infant and upon the appearance of a good and  sufficient guardian for the infant in the recovery who be of ability to answer  to the infant if he shall be deceive in the pass of that recovery and upon  consideration have of the two precedent and upon affidavit make by two witness  that the say intend recovery be to the use of the infant the recovery be  receive and allow   Inst cro hob cro mich Elizabeth in the common bench
ccii offley and johnson case see Wolmershausen v Gullick Ch Offley and Johnson  be bind as surety with one a to b who recover against Johnson in London and  have execution against he and now Johnson sue Offley to have of he  contribution to the Leonard say execution ut uterque the dawn to load pro rata  accord to the custom of London Offley remove the cause by privilege into the  king bench whereupon come Johnson and pray a procedendo and because upon this  matter no action lie by the course of the commonlaw but only by custom in such  city the cause be remand for otherwise the plaintiff shall be without remedy  see the book of entry more hob more Len pasch Elizabeth in the king bench
ccii ROLTS case the case be a lease be make to two durante vita Self of one  another the dawn still further live absq action of attacking huge durante vita  Self the one of they die now although conceive there be a difference between  the limitation of the Leonard er p estate and of the liberty c for the  limitation of the estate seem to be more liberal yet it be agree by the whole  court that the liberty run with the estate and shall endure as long hill  Elizabeth in the common plead
ccii upton and well case in a ejection strong by Upton against well judgement  be give for the plaintiff and upon the to have facias possession the sheriff  retune that in the execution of the say writ he take the plaintiff with he and  come to the house recover and remove thereout a woman and two child which be  all the person which upon diligent search be can find in the say house and  deliver to the plaintiff peaceable possession to his think and afterward  depart and immediate after three other person which be secret lodge in the say  house expulse the plaintiff again upon notice of which he return again to the  say house to put the plaintiff in full possession but the other do resist he  so as without peril of his life and of they that be with he in company be can  not do it and upon this return the court award a new writ of execution for  that the same be no execution of the first writ and also award a attachment  against the party Len latch Leonard trin Elizabeth in the king bench
cciii farmer and DORINGTONS case a action upon the case for these word I will  prove farmer to be a perjure knave it be move the word be not actionable for  it be not a mere affirmation but after many motion it be hold by the whole  court that upon those word a action do well lie Leonard mich Elizabeth in the  king bench
cciii Litchfield and cage case in a ejection strong the party be at issue and  by the order of the court the trial be stay and yet the plaintiff against the  order do privy obtain a nisi prius of which gawdy justice be inform of it  after the term award a supersedeas unto the justice of assize before who c and  yet notwithstanding that the inquest at the instance of the plaintiff be take  and find for the plaintiff and all this matter be show to the court in the  king bench and there examine and prove and it be order by the court that the  verdict shall not be enter of record nor any judgement upon it and so it be  put in ure in a case between Vernon and foul and then the plaintiff council  take exception to the supersedeas because it be not subscribe with the hand of  gawdy but non allocatur for the seal be sufficient Len pasch Elizabeth in the  king bench
cciv head and CHALONERS case in a ejection strong by Hedd against Chaloner  upon a demise for year of jane herd it be find by especial verdict that  William herd be seize in fee and make a feoff to the use of himself for life  and afterward to the use of his two daughter Joan and Alice in fee and die and  Joan enter Leonard into the land and by indenture by the name of jane herd  lease the same to the plaintiff for three year and it be further find that  Joan intend in the feoff and jane who lease be one and the same person Wray it  have be agree here upon good advice and conference with grammarian that Joan  and jane be but one name and woman because Joan seem to they a homely name  will not be call Joan but jane but admit that they be several name then he and  gawdy be of opinion it shall not be good but afterward it be say by gawdy that  this action be not ground mere upon the indenture but upon the demise and that  be the substance and the indenture be but to enforce it cognizant the lease e  another matter be move here the remainder be limit to Joan and Alice in fee by  which they be joint tenant and then when one of they enter the same vest the  possession in they both then by the demise of Joan a moiety passes only to the  plaintiff Wray here the term be incur and the plaintiff be to recoverdamages  only and no title at all be find for the defendant and so there be no cause  but that judgement shall be give for the plaintiff and thereupon judgement be  give for the plaintiff cro roll trin Elizabeth in the king bench
cciv Scot case William Scott be indict upon the statute of Elizabeth of  recusant by the name of William Scott of Southwark gentle and upon that  indictment judgement give for the queen upon which Scott bring a writ of error  and assign for error that in the indictment Scott be not name of any parish  but general of Southwark for within Southwark there be diverse parish and by  the say statute it be ordain that the penalty accrueing by the say statute  ought to be divide in three part whereof one part be to be apply to the relief  of the poor resident in the parish where the offence be commit and therefore  it ought to appear upon the indictment of what parish the party indict be or  otherwise non to be able constar curiae to which parish the three part of the  penalty do belong so that full execution may be make accord to the statute but  the whole court be clear of opinion that the indictment be good enough  notwithstanding that exception for all the penalty which accrue by the say  statute belong first to the queen videlicet a three part thereof to her own  use another three part for the relief ut above to be deliver by warrant by the  officer of the receipt of the Leonard er p exchequer and afterward the  inhabitant of the parish in which the offence be commit be to sue in the  exchequer for their three part of the penalty and surmise in their bill that  the offence be commit within their parish and rule be enter accord Leonard  pasch Elizabeth in the common plead
cciv temps roign Elizabeth the case be a feoff b upon condition that if be pay  be pound to the feoff his executor and assign within three year next ensue  that then c the feoff have issue three son who he make his executor and die  before the day of payment the ordinary commit letter of Administration to I S  during the minority of the executor it be the opinion of dyer that it be the  sure way for a to pay the money to the executor notwithstanding the  Administration commit to another for the administrator in such case be but a  bailiff or receiver to the executor and shall be Accountable to they which  Harper to go away and manwood say that if in that case the money be pay to one  of the executor it be sufficient and the money to be pay upon that conditional  feoff be as a sum in gross and not in the nature of a debt quod the other  justice to go away Leonard er p
ccix BECKWITHS case Roger Beckwich by indenture tripartite between he of the  first part William vavasour Frances Slingsby and Elizabeth sister of Roger of  the second part George Harvey and Frances wife of the say George the say  Frances be another of the sister of the say Roger of the three part covenant  with the aforesaid William vavasour and Frances vavasour his daughter Leonard  and with the aforesaid George and Frances cum whithersoever you please where  you will the dawn that the say Roger at the seal and delivery of the say  indenture be lawful and sole seize of the rectory of Aldingfleet in the county  of York discharge of all encumbrance Francis vavasour take to wife Frances  Slingsby and note that by the same indenture Roger Beckwith convey the say  rectory to the say Francis vavasour Francis Slingsby and Frances his wife  bring a action of covenant against the say Roger Beckwith and assign the  breach in this that the say Roger be not seize of the say rectory and note  that the plaintiff declare of a indenture bear date at the castle of York and  upon the breach of the covenant they we re at issue which be find for the  plaintiff and damage assess and judgement give for the plaintiff and note that  the venire facias be de vicineto castle de York and upon that judgement a writ  of error be bring in the exchequer upon the new statute and error be assign  because all the covenanter ought to have join in the action of covenant  notwithstanding those word cum whithersoever you please cum where you will  which word do not make the covenant to be several and for that cause the  judgement be reverse another error be assign because the issue be not well and  duly try for the issue be upon the seize of the rectory of Aldingfleet in  which case the venire facias ought to have be de vicineto de Aldingfleet and  of that opinion be manwood and Anderson justice   hill Elizabeth in the common  plead
ccix harris and the lord MOUNTJOYS case see ex part morris in re duke of  Newcastle lr Ch h l Harris affirm a plaint of debt in the guildhall in London  against the Lord Mountjoy and make a attachment of the good of the say lord in  the hand of sir draw Drewrie the lord remove the matter into the common plea  by a writ of privilege if now the say lord shall find bail be the question  because that he be a Leonard er p Lord of the parliament c and the opinion of  the whole court be that he shall find bail for that be the course of the court  whosoever be party and by Anderson admit the law to be that the body of a Lord  of parliament shall not be take in execution which I do Leonard not believe  yet notwithstanding that bail shall be find in such case for the condition of  bail do consist upon two point first that he render his body to prison in  execution if judgement be give against he second or to pay the condemnation  and therefore if the body of a baron of parliament be not subject to execution  yet the bail shall stand for the second I e to pay the condemnation and all  the justice be of clear opinion that for execution upon a statutestaple  merchant upon the statute of Acton burnel or upon the statute of h the body of  a baron of parliament shall be take in execution for by these statute such  person be not exempt Daltons off of Sher
ccix KIRDLER and LEVERSAGES case avowry in avowry the case be that a seize of  land lease the same at will render rend To give back per annum and afterward  grant the same To give back by another deed to a stranger for life and  afterward the lease at will be determine periam be of opinion that the rend do  continue and although that the word be the same To give back yet it be not to  be intend the same numero send the same specie so as he shall have such a rend  sure To give back per annum as where the king grant to such a town easden  freedom quas community Chester to have it shall be intend such liberty and not  the same liberty so in the principal case also he hold that a rend at will can  be grant for life and therefore it shall not be mean the same rend but it be  afterward adjudge that the rend be well grant for the life of the grantee cro  Leonard trin Elizabeth in the common plead
ccl BABINGTONS case amendment Humphrey babington bring a writ of disceit and  count that t S be seize of land and hold the same of the manor of Rodely which  manor be ancient demeasn and that the say t S be so seize a writ of enter sur  seize be bring against he in which t S plead and lose and judgement be give  against he et quod ipse Humphridus extibit dominus manor prediction and  conclude ad exhaeredationis Self Humphridi periculum palpable exception be  take to the count because the word be quod cum ipse step forth dominus manor  prediction where he ought to say further et tempore judgment prediction  existeba for if the recovery be before he purchase the say manor his action do  not lie which Rhodes and Anderson to go away wherefore day be give to the  plaintiff to amend his count Elizabeth in the exchequer
ccl sweeper and Randall case rot surrender in a action of trespass for break  of his close and carry away his good by sweeper against Randal upon not guilty  plead the jury find that one John Gilbert be seize of the land where c and  lease the same to the plaintiff at will who sow the land and afterward the  plaintiff agree with the say Gilbert to surrender to he the say land and his  interest in the same and the say Gilbert enter and lease to the defendant who  take the corn it be Leonard move if these word I agree to surrender my land be  a present and express surrender gawdy it be not any surrender for tenant at  will can surrender but it be but a relinquish of the estate if it be any thing  but in truth it be not any thing in present but a act to be do in future Wray  I agree a demise the manor of at will it be no lease no more shall it be here  any surrender or any relinquish of the estate Clench conceive that the intent  of the party be to leave his estate at the time of the speak otherwise those  word be void for he may leave it at any time without those word gawdy if such  be his intent the jury ought to find it express and afterward judgement be  give for the plaintiff cro trin Elizabeth in the king bench
ccli FRENCHS case it be present before the coroner that John French be felon  de see and that certain good of the say John French be in the possession of I  S and this presentment be certify into the king bench upon which process issue  forth against the say I S and continue until he be outlaw and now come I S and  cast in his writ of error to reverse the say outlawry and assign for error  because that in the presentment upon which he be outlaw there be not any  addition give to the say I S and at the first it be doubt if upon that  presentment process of outlawry do lie and lve one of the chief clerk of the  crown office say to the court that such process in such case do lie and that  he can show five hundred precedent to that purpose another matter be move upon  the statute of I h of addition if this outlawry by the statute aforesaid ought  to be reverse by default of addition for as much as the say statute speak only  of outlawry upon original writ in personal action appeal and indictment but it  be agree by the whole court that as to this purpose the presentment shall be  account in law as a indictment and afterward the outlawry against French be  reverse
cclii mich Elizabeth in the king bench a lease for thirty year be make by  husband and wife if they so long shall live and if they die c that the land  shall remain to a their son during the term afore Leonard er p say and it be  hold by Wray justice that if the husband and wife do die within the term that  the son shall have the land de to make new for thirty year but gawdy be of  opinion that he shall have it for so many year which after their death shall  be expire mich Elizabeth in the king bench
ccliii cooper case in a ejection strong the case be that the husband and wife  have right to enter into certain land in the right of the wife and a deed of  lease for year be write in the name of the husband and wife to one a for to  try the title and also a letter of attorney to b to enter into the land and to  deliver the say deed of lease to the say a in the name of the husband and wife  and as well the letter of attorney as the say deed of lease be seal by the say  husband and wife with their seal and entry and delivery be make accord the say  a enter and upon ejectment bring a ejection strong and the whole matter  aforesaid be find by special verdict and the plaintiff have judgement to  recover for the special matter find by verdict I e the deed of lease and the  letter of attorney do maintain the declaration well enough and here be a lease  make by husband and wife accord to that the plaintiff have declare cro cro Yel
ccliii MATTHEWSS case note that a bill of perjury upon the statute of  Elizabeth be sue by the queen and the party because that the defendant be one  of the homage c do present with the rest of the homagers that the plaintiff  have cut down certain tree c whereas in truth he have not cut down any and it  be hold by all the justice that for this matter the bill do not lie upon this  statute for this branch of the statute be to be intend of perjury in  deposition only and by Tanfield a bill do not lie upon the statute upon  perjury commit in a answer to a bill in chancery see Elizabeth flower case
ccliv brown and peters case Philip brown executor of Elizabeth brown bring a  action upon the case against John Peter as executor of W brown and declare  that the say William brown be indebt to the say Elizabeth n at any time ad not  general earnestness of the say William brown it be agree that the say William  brown shall retain the say sum in his hand until the say Elizabeth shall come  of full age in consideration thereof be promise to give her it be find for the  plaintiff who have judgement to recover and now the defendant bring error and  assign for error because the place of the agreement be not show send non  allocatur for that be the consideration which be not traversable also it be  not show certain that brown retain the for so long time send non allocatur for  he show in his declaration that the say sum be in the hand of the say William  brown and it shall be intend that so it there continue trin Elizabeth in the  king bench
ccliv Cheiny and langleys case hill Elizabeth rot lease covenant the case be  that tenant for life of certain land lease the same for year by indenture with  these word I give grant bargain and sell my interest in such land for twenty  year to have and to hold in such manner and form as I my self do hold the same  and no otherwise tenant for life die within the term and he in the reversion  enter and the lessee bring a action of covenant Godfrey the action do not lie  for here be not any warranty for the plaintiff be not lessee but assignee to  who this warranty in law can extend but admit that the warranty do extend to  the plaintiff yet it be now determine with the estate of the tenant for life  and so the covenant end with the estate see h by Littleton Elizabeth dyer and  if tenant in tail make a lease foe year ut above and afterward die without  issue the covenant be go and after judgement be give against the plaintiff cro  trin Elizabeth in the king bench
cclix Boyton and andrews case debt in debt upon a obligation the condition be  to make sufficient assurance of certain land to the obligee before the ten day  of march Elizabeth and if it fortune the say obligee be unwilling to receive  or mislike such assurance but shall make request to have one hundred pound for  satisfaction thereof then if upon such request the obligor pay one hundred  pound within five month that then the obligation shall be void and at the day  the obligee do refuse the assurance and afterward Leonard er p Elizabeth  request be make to have the hundred pound it be the clear opinion of the whole  court that the say request be well enough for the time and he may make it at  any time during his life and he be not restrain to make it before the day in  which the assurance be to be make and afterward judgement be give for the  plaintiff cro mich Elizabeth rot in the king bench
cclix mich Elizabeth in the common plead a blacksmith of SouthMims in the  county of Middlesex take a bind of another blacksmith of the same town that he  shall not exercise his trade or art of a blacksmith within the same town nor  within a certain precinct of it and upon that obligation the obligee bring a  action of debt in the common plea depend which the obligor complain to the  justice of peace of the say county upon the matter against the obligee upon  which the matter be find by examination the justice commit the obligee to  prison and now upon the whole matter puckering sergeant pray a habeas corpus  for the say obligee to the sheriff of Middlesex and it be grant and Fleetwood  recorder of London be at the bar the court tell he open of this matter that by  the law justice of peace have not conusance of such offence nor can meddle  with they for their power be limit by their commission and the statute and the  recorder do much rely upon the opinion of hull h but by the clear opinion of  the whole court although this court be a high court may punish such offence  appear before they on record yet it do not follow that the justice of peace  may so do but as to the bind the court be clear of opinion that it be void  because it be against law Owen cro
cclix trin Elizabeth in the exchequer one exhibit a bill in the exchequer  Chamber upon the statute of e cap to have the Triple value for not set forth  his tithe accord to the say statute but it be clear hold by the court that the  bill do not lie upon that matter for the plaintiff have his remedy for the  same in the court of plea in the exchequer and also for that there shall be no  suit or proceed accord to the order of the exchequer Chamber in case of  conscience upon any penal statute Leonard er p Leonard trin Elizabeth in the  exchequer
cclv Higham and cook case ejectment ejection strong by Higham against cook the  plaintiff declare upon a lease for year to have and to hold to he from the  seal and delivery of it and declare that the seal and delivery be maii and the  ejectment the same day and this matter be move in arrest of judgement that the  ejectment can not be suppose the same day for the lease do not begin till the  next day ensue the seal c but the exception be not allow by the court for  where the lease be to begin from the time of the seal and delivery or by these  word for year next follow the ejectment may be well suppose to be the same day  for the beginning of the lease be present upon the seal and delivery and such  a lease shall end the same time and hour as it begin Leonard er p
cclv pie and GRUNWAYS case in trespass bring by pie against Grunway and one b  the plaintiff declare against Grunway only who plead not guilty and it be find  for the plaintiff and in arrest of judgement it be move that the plaintiff in  declare against one only have falsify his own writ to that it be say that at  the uttermost it be but a discontinuance so but matter of form and so relieve  by the statute of Elizabeth but it be say by the court that it may be that b  be outlaw at the plaintiff suit and then the proceed be determine as against  he and the court demand of the clerk if the use of the court be not so in such  case to declare that Grunway simul cum b outlaw ad sectan to express grief do  the trespass who answer not in this action but in a action of debt it be  otherwise and afterward notwithstanding that exception judgement be give  against the plaintiff Leonard trin Elizabeth in the common plead
cclvi fennick and MITFORDS case the case be a man seize of land in fee levie a  fine to the use of his wife for life the remainder to the use of his old son  the heir male of his body the remainder to the use of the right heir of the  conusor the conusor make a lease for a thousand year to b the old son die  without issue male have issue a daughter the conusor die the wife afterward  die the old son enter and leas the land to the plaintiff Atkinson that upon  this conveyance a reversion be leave in the conusor although by the fine all  be convey out of the conusor and so as it have be object the use limit to the  right heir of the conusor be a new thin for it be to be observe when a man be  seize of land he have two thing the land or the estate and second the use  which be the profit and if he make a feoff without consideration by that the  estate and possession passes but not the use wherefore the use descend after  to the son and heir n in our case if the wife a son have die without issue in  the life of the father all shall be in the father and his heir and if a man  make a feoffmentin fee unto the use of his last will it shall be unto the use  of the feoff and his heir and in our case this limitation to the right heir of  the conusor be as if no mention have be make of it and then it shall be to the  father and his heir and afterward it be adjudge that it be a reversion and no  remainder and by gawdy this limitation to his right heir be mere void Wray as  if he have make a feoff to the use of one for life without further limitation  more     Inst b post Leonard hill Elizabeth rot in the king bench
cclvi thorp and Wingfield case in waste the plaintiff declare upon a lease for  year general and the truth of the case be that the plaintiff have make a lease  for year to one a which lease be in force for two year he lease the same land  for year as he have declare to begin present and the waste which be assign in  the declaration be do during the first lease and now if the defendant upon  this matter may plead no waste do be the question and it be say by the court  that such a plea shall be perilous for the defendant for it shall be find  against he and if be plead the special matter aforesaid sure the former lease  in be at the time of the waste commit after the expiration of which lease no  waste be do if the second lease be not by indenture it shall be a good plea  but if by indenture then the plaintiff will estop he by the indenture to show  that the second lease have another beginning than the indenture purport and  then the waste shall charge the defendant and although the plaintiff have not  declare upon a lease by indenture yet if the defendant plead the special  matter aforesaid be by way of replication shall estop the defendant to plead  any other beginning of the term than the letter of the indenture do purport  and the same shall be no departure for it be matter which strengthen the  declaration Leonard er p pasch Elizabeth in the common plead
cclvii Botham and the lady Gresham case in a prohibition by Botham and Couper  against the lady Gresham who have implead they in the spiritual court for  tythehay and make their suggestion that time out of mind c they have pay to  the vicar of the say parish d for the tithe of hay of every acre it be move  that upon that surmise a prohibition ought not to be grant for that a modus  kill shall never come in question but the party ought to have plead the same  matter in the spiritual court sure that the same do appertain to the vicar and  not to the parson and then if the vicar sue for the tithe of the bay the modus  kill will come in question and although that be have aver in his surmise that  the tythehay belong to the vicar yet that be not material and afterward a  consultation be award Len cro Len post Leonard Elizabeth in the exchequer
cclvii mich Elizabeth in the king bench contract if a contract be make betwixt  two here in England sure that one of they shall carry certain good of the  other to burdeux in France and sell they there and with the mon thereof come  shall buy other good for the use of he who be the owner of the first good and  safe they deliver to he in London if now the party sell they in burdeux and  buy other with the money thereof and bring they into England and there convert  they to his own use upon this matter a action lie at the commonlaw for the  contract and the conversion be the cause of the action be make in England but  if the contract only be in England and the conversion beyond the sea the party  at his election may sue at the commonlaw or in the court of admiralty and if a  merchant here write to his factor in France to receive certain merchandise  which he have send to he and to merchandise Leonard with they for his use if  the factor receive they and convert they to his own use the father factor  shall be sue in the admiralty Elizabeth
cclviii rush and Highgate case process be award out of the exchequer against  rush for the levy of the sum of which he owe to the queen upon which it be  find by office that rush June Elizabeth be possess of land for the term of  diverse year then and yet to come and the debt of the queen begin Feb  Elizabeth and upon the return of this office come one Heighgate and show that  the say rush Elizabeth be possess of the say lease and the same year assign  the same to the say Heighgate and traverse the office exception be take to the  inquisition because that the lease be not certain set forth sure the number of  the year in certainty cook the office be sufficient enough notwithstanding  this exception for the queen be a stranger to the lease and therefore she  shall not be drive to set forth the certainty see e Plowden partridge case  upon the statute of h concern pretend title c there the informer declare that  the defendant have lease land of for year against the say statute c without  show the number the ear and the information be hold good enough for it be  impossible that a stranger have notice of every certainty c and it be  dangerous to meddle with such a particular certainty of the lease and to miss  it and in this case for as much as Heighgate come to this lease not by  voluntary contract but by compulsory mean sure by execution upon the statute  he can by common intendment have notice of every particular circumstance and  article of the lease as he may in case of a voluntary contract and also  although in plead the number of the year ought to be express yet in a  inquisition such precise plead be not requisite see h a estate tail and die  seize of it be find by office without show of who gift it be and good enough  Len   Rep palmer case
cclviii the earl OF huntington and the lord MOUNTJOYES case it be agree by the  two Lord chief justice upon conference have with the other justice in the case  between the earl of Huntington and the Lord Mountjoy that where the Lord  Mountjoy by deed indent and enrol bargain and sell the manor of Canford to  brown in fee in which indenture a clause be proviso always and the say brown  covenant and grant cum and with they the Lord Mountjoy his heir and assign  that the say lord his heir and assign may dig for over in the waste of Canford  and also to dig turf there to make alum and copperice without any  contradiction of brown his heir and assign that now here be a new grant of a  interest to dig to the say lord and his heir in the land aforesaid and not a  bare covenant and it be hold also that the say lord can not divide the  interest grant to he in form aforesaid videlicet to grant to another to dig  one part of the say waste c but they be of opinion that brown his heir and  assign notwithstanding the say grant to the say lord owner of the soil there  may dig there it be further move in this case that the say lord have demise  the say interest to one Laycott who assign it over to a and b and if the say  assignment to two be good or not be a further question for if to two so he may  do to twenty and so a surcharge may be to the tenant of the soil and as to  that the say justice be of opinion that the say assignment to two be good but  the two assignee ought not to work several but together with one stock and  with such workman as belong to they two and note it be hold in this case that  this word proviso be couple with other word of covenant and grant do not  create a condition but shall be of the same nature as other word of grant I  and
cclx body and tassel case note that in the case between body and tassel it be  hold by baron clark that if a man dare money and for the forbear of it  contract for more than in the that the bind make for it be void present and  that if he do receive excessive interest that he shall forfeit Triple the  value trin Elizabeth in the king bench
cclx knight and savage case error a writ of error be bring upon a judgement  give in Leicester in debt Tanfield assign error because in that suit there be  not a plaint and in all inferior court the plaint be as the original at the  commonlaw and without that no process can issue forth and here upon the record  nothing be enter but that the defendant summon to be c and therefore the first  entry ought to be a b to express grief facing c c Leonard Clench a plaint  ought to be enter before process issue and the summons which be enter here be  not any plaint and for that cause the judgement be reverse it be say that  after the defendant appear a plaint be enter but it be say by the court that  that shall not mend the matter for there ought to be a plaint out of which the  process shall issue as in the court above out of the original writ cro cro sty  Yel post trin Elizabeth in the king bench
cclx trin Elizabeth in the common plead a justice issue forth to the sheriff  of h for the debt of and the plea be determine before the undersheriff in the  absence of the sheriff and it be now move by puckering sergeant if a writ of  error or a writ of false judgement do lie in that case and first the opinion  of the justice be that the sheriff himself in his person ought to hold plea of  a justice and if he make a precept or deputation to another the same be mere  void h and see the say case abridge Fitzherbert bar and it be say that a  justice be not a original writ but a commission to the sheriff to hold plea  ultra S and upon a judgement give upon a justice a writ of false judgement  lief h and not a writ of error see for that e and it be the opinion of  Anderson chief justice that such judgement be utter void and in person non  judge ante
cclxi goram and folk case prohibition the case be the defendant libel in the  spiritual court that whereas he be administrator to one a and be bind in the  spiritual court to bring in a true inventory of all the good of the intestate  that the plaintiff detain jura loan by reason of which he can not put in a  true inventory and upon that the plaintiff pray a prohibition surmise that he  himself claim property in the say good and the ecclesiastical court will not  allow of it and the trial of the say good do belong to the commonlaw and a  prohibition be grant trin Elizabeth in the king bench
cclxi kirby and eccles case in a action upon the case the plaintiff declare  quod cum quaedam sharing to be betwixt the plaintiff and one Cowper that  Cowper shall mast certain hog for the plaintiff the defendant do promise that  in consideration that the plaintiff promise give unto the defendant three  shilling and four penny for the fat of every hog that the say hog shall be  redeliver to he well fat to which promise and warranty the plaintiff give  faith deliver to the say Cowper one hundred and fifty hog to be masted and  that one hundred of they be deliver back but the residue be not it be move  that here be not any consideration for which the defendant shall be charge  with any promise but it be argue on the other side that the promise be the  cause of the contract and be make at the time of the communication and  contract shall charge the defendant but if the promise be at another time it  shall be otherwise there be a case late betwixt smith and Edmund two merchant  be reciprocal indebt the one to the other agree betwixt themselves to deliver  all their bill and bind into the hand of one smith who promise that he will  not deliver they to the party until all account be end betwixt they and yet he  do deliver they and for that a action bring against he be adjudge maintainable  yet there be not any consideration nor be it material for the action be ground  upon the deceit and so be it here upon the warranty and of that opinion be  Clench and Wray justice but gawdy be of a contrary opinion cro hill Elizabeth  rot in the king bench
cclxi Markham and PITTSS case in a action upon the case upon a trover by  Markham against pit the defendant after a imparlance lead a outlawry of the  plaintiff and it be hold by some to be a good bar and therefore it may be  plead after imparlance as e in debt upon a specialty but not in debt upon a  contract trespass battery imprisonment c for such matter the king shall not  have by outlawry trin Elizabeth in the king bench
cclxii crane and juniper case Thomas crane bring a action upon the case  against juniper and one John Matthew upon a assumpsit and declare that in  consideration that the plaintiff take upon he that whereas William Matthew be  indebt unto he in diverse sum of money at the time of the death of the say  William that hewould not molest the say defendant be executor of the say  William Matthew before the that day of may next follow the defendant promise  to pay to the plaintiff debt is owed predict at the say that day of may and  declare further quod non molestavi and yet although often requisite the  defendant have not pay he c and upon non assumpsit plead it be find for the  plaintiff and it be object that the plaintiff have not maintain nor aver his  assumpsit for the word of it be non molestavi naming executor will ultimae  will William Matthew but he ought to have aver more special quod non molestavi  juniper Matthew name executor of William Matthew nor any of they by their name  also he ought to have plead quod non molestavi before the say that day of may  accord to his promise and also he ought to have show in his declaration how  that he do not trouble they for the debt of the testator c Leonard pasch  Elizabeth in the king bench
cclxii hamper case hamper be indict upon the statute of Elizabeth of perjury  and in the body of the indictment the record be that be falsehood deceptive to  lay whereas the statute be wilful and although in the perclose of the  indictment the conclusion be et such To bring together volunteer perjurium yet  the opinion of the court be that the same do not help the matter and for that  cause the party be discharge for contra form to cause to stand will not help  the matter nor supply it and yet it be move and urge that contra form to cause  to stand will help it and it be hold in this case that if a witness do depose  false but the jury do not give credit to it nor give their verdict against his  oath although the party grieve can sue he yet he may be punish at the king  suit Cr l n hill Elizabeth in the king bench
cclxii MOUNTJOYES and andrews case execution return of Writ in to know facias  upon a judgement in debt the defendant plead that heretofore a become facias  at the suit of the now plaintiff issue direct to the sheriff of Leicester by  force of which the say sheriff take diverse sheep of the defendant thus far do  detain they it be hold by the court a good plea although he do not say that  the writ be return for the execution be lawful notwithstanding that and the  plaintiff have remedy against the sheriff cclxiii vide this case report by  cook part by the name of
cclxii WOODSHAW and FULMERSTONES case obligation Woodshaw executor of Heywood  bring debt upon a bind against Richard Fulmerstone and the writ be date  October mich Elizabeth and the condition Leonard er p of the bind be that if  Fulmerstone die before his age of one and twenty year and before that he have  make a jointure to a his wife daughter of the testator Heywood then if the say  defendant cause one hundred pound to be pay to the say Heywood within three  month after the death of the say William that then the bind shall be void and  the say William Fulmerstone die September Elizabeth which matter be be ready c  the plaintiff do traverse without hoc that the say Heywood die intestate  Tanfield it appear of record that the plaintiff have not cause of action for  this one hundred pound be to be pay within three month after the death of  William Fulmerstone as the defendant have allege which be also confess by the  plaintiff and this action be enter mich September Elizabeth sure within a  month after the death of William Fulmerstone and so before the plaintiff have  cause of action and therefore he shall be bar gawdy where it appear to the  court that the Leonard plaintiff have not cause of action be shall never have  judgement as in the case betwixt Tilly and wordy e but here it do appear that  the plaintiff have cause of action for where a man be bind in a obligation the  same be a duty present and the condition be but in defeazance of it which the  defendant may plead in his discharge cro trin Elizabeth in the king bench
cclxiii MOULTONS case it be move by coke that one Robert Moulton tenant in  tail have issue two son Robert and John die seize and that Robert his son and  heir levy a fine thereof and afterward levy another fine and die without issue  and John bring two several writ of error to reverse both the fine and the  tenant to the writ of error bring upon the first fine plead the second fine in  bar of it and in bar upon a writ of error bring upon the second fine be plead  the first fine and the court advice he to plead that the fine plead in bar be  erroneous h where a man be to annul a outlawry his person shall not be disable  by any other outlawry cro trin Elizabeth in the common plead
cclxiii Walcot and powell case the case be that in a action of debt bring  against the husband and wife the plaintiff declare upon a obligation make by  the wife dumb sola to be and the writ be in the to hold off so much and upon  judgement give in that action a writ of error be bring in the king bench and  that matter be assign for error and by cook the writ ought to be in the debet  to hold off for the husband have the good of the wife in his own right and so  be the register Leonard er p pasch Elizabeth in the king bench
cclxiii Windham and sir edward clear case action upon the case of slander  Roger Windham bring a action upon the case against sir Edward c declare that  the say Edward be a justice of peace in the county of n and where the  plaintiff be a loyal subject and of good fame all his life time nor ever touch  or reproach with any offence of robbery c the defendant wickedly hateful to  contrive skilfully Self Rogerum de good nomin hunger et vita deprivare direct  his warrant to diverse bailiff and constable of the say county to arrest the  say plaintiff and it be allege in the say warrant that the plaintiff be accuse  before he of the steal of the horse of a b by reason of which the plaintiff be  arrest and so detain until he have enter into a bind for his appearance c  whereas in truth he be never accuse thereof nor ever steal such horse and  whereas the defendant himself know that the plaintiff be guiltless by reason  of which he be great discredit c and it be find for the plaintiff and it be  move that upon this matter a action do not lie for a justice of peace if he  suspect any person of felony or other such offence may direct his warrant to  arrest he h gaudy and Clench if a man be accuse to a justice of peace for  felony for which he direct his warrant to arrest he although the accusation be  false the justice of peace be excuse but if the party in truth be not accuse  before the justice it be otherwise it be a case late betwixt the Lord Lumley  and ford where ford in a letter write by he have write it be report that my  Lord Lumley seek my life if it be not report a action upon the case lie but if  report no action lie so here if he be accuse no action lie but if not a action  lie and afterward in the principal case judgement be give for the plaintiff  cro trin Elizabeth in the king bench
cclxiv baxter and BARTLETS case in assize of freshforce by Baxter against  Bartlet upon null tort null seize plead it be find for the plaintiff who have  judgement upon which the tenant bring error for that the assize have general  find the seize but have not inquire of the force and after many motion the  judgement be affirm Leonard er p
cclxiv BROCCUSS case broccus lord of a manor covenant with his copiholder to  assure to he and his heir the freehold and inheritance of the copyhold and the  copiholder in consideration of the same perform do covenant to pay such a sum  and it be the opinion of the whole court that the copiholder be not tie to pay  the money before the assurance make and the covenant perform but if the word  have Leonard be in consideration of the say covenant to be perform then he  have be bind to pay the money present and he shall have his remedy by covenant  roll pordage versus coal car b r trin Elizabeth in the king bench
cclxiv isleys case Isley and other be plaintiff in a ejection strong and upon  the general issue it be find for the plaintiff and day after the verdict give  be move in stay of judgement a special matter in law whereof the justice be  not resolve for the law but take advisement and give day over and in the mean  time one of the plaintiff die which matter the defendant show to the court in  further stay of the judgement Leonard er p but by coke the same be not any  cause for the postea come in quindena pasch which be April at which day the  court ought to have give judgement present but take time to be advice and the  of April one of the plaintiff die and the favour of the court ought not to  prejudice we for the judgement here shall have relation to the of April at  which time he be alive and it be so of late adjudge in the case of derick  James who die the day after the verdict and yet judgement be not stay for the  court after verdict can examine surmise and they have not a day in court to  plead and in our case it be but a day of grace and no entry be Leonard make of  it although no plea can be now plead after verdict yet as friend curiae one  may inform we of such matter and sometime in such case judgement have be stay  as Elizabeth and sometime notwithstanding such exception as Eliz so as I  conceive the matter be much in the discretion of the justice and because the  same be a hard verdict and much against the evidence it be good discretion  upon this matter to stay judgement and such be the opinion of the court trin  Elizabeth in the king bench
cclxiv Wigmore and well case three be bind in a bind by these word to bind up  our who nostrum jointly and it be hold by the court to be a joint bind and not  several for the word who be expound by the word jointly
cclxix bland and RICCARDS case the case be that process of attachment issue  out of the chancery against the defendant by force of which he be take by the  plaintiff be undersheriff who take bind of he upon which bind debt be bring  the bind be for his appearance at the day contain in the attachment it be the  clear opinion of the whole court that the bind be void for that the defendant  be not bailable upon the attachment see the case of dive and manningham e  Plowden cro trin Elizabeth in the king bench
cclxix COCKSHAL and the mayor c OF BOALTONS case conspiracy Henry Cockshal  bring a action upon the case against the mayor townclerk and goalor of Boalton  in the county of l and declare that where he himself have affirm a plaint of  debt in the court of the say town before the say mayor c against I S and  thereupon have cause the say I S to be arrest the say Leonard er p defendant  do conspire together to delay the plaintiff of his say suit in peril of his  debt have let the say I S go at large without take bail periam justice  conceive that upon that matter the action do not lie for the not take of bail  be a judicial act for which he shall not be impeach but all the other justice  be strong of opinion against he for the not take of bail be not the cause of  the action but the conspiracy Leonard mich Elizabeth in the common plead
cclxix Ordway and parrot case Ordway bring a to know facias against parrot and  Hallsey who be bail in a bill of debt for one Bennet and they plead that the  say Bennet have pay the money recover to the plaintiff accord to the condition  of the recognizance and it be the opinion of the whole court that it be no  plea without allege payment upon record for if this shall be suffer every man  shall be enforce twice to try his action wherefore the plea be disallow  Leonard trin Elizabeth in the king bench
cclxv foster case note it be say and hold by the whole court in this case that  in debt bring against executor if the defendant plead that the testator be  bind in a recognizance in such a sum beyond which they have not any thing in  their hand that it be a good replication to say that the recognizance be enter  into for performance of covenant contain in certain indenture of which  covenant none be yet break Leonard er p trin Elizabeth in the king bench
cclxv pasch Elizabeth in the exchequer it be hold by the court in this case  that if a stranger enter upon the farmor of the queen that by such entry he  have gain the estate for year and if he do make a lease unto another his  lessee may maintain a ejection strong pasch Elizabeth in the king bench
cclxv steed and courtney case error prescription to levy a fine not good error  be bring upon a fine levy upon a plaint in a writ of covenant in the city of  Exeter and two error be assign first the plaint be quod to hold de dvobus  property whereas in truth the word tenement do not comprehend any certainty  for in the word tenement be understand message land meadow pasture c and  whatsoever lie in tenure and h by grant of land and tenement rend of common  shall pass and a ejection strong do not lie of a tenement nor a forcible entry  suppose in a tenement h h another error be because the fine be levy in the  court of the city of Exeter which see e those of Exeter can prescribe to have  the conusans but the same ought to be by special charter of the king by  express word Egerton the queen solicitor who sit under the justice and be not  of counsel in the case say that he be of counsel in a case betwixt Bunbery and  bird where such a fine levy in Chester by prescription be in question be by a  writ of error reverse and afterward in the principal case the fine be reverse  for the first error cro Owen more Inst roll
cclxvi abbot case Alice abbot bring a action upon the case upon several  assumpsits and in the close of her declaration it be et predict I S although  often require c and so there be but one although often require to all the  assumpsits whereas every several assumpsit ought to have his several demand  for one general request for all be not sufficient for it have be adjudge where  one be indebt to I several in several sum of money make upon request or demand  make and I go to he and say to he pay I what you owe I the same be not a  sufficient demand or request Wray if one dare I money to repay it when he  shall be require although often require be not sufficient but if the plaintiff  declare upon a cum indebitatus to be the defendant assume to pay there  although often require be sufficient Leonard pasch Elizabeth in the king bench
cclxvi harvey case Harvey seize of a manor make a feoff thereof to diverse  person to the use of himself for life and after to the use of his son and the  heir male of his body and if the say son or any of the heir male of his body  discontinue or alien otherwise than for year or three life that then his feoff  shall be seize to the use of Nic Harvey his brother in fee the feoff die the  son make a lease for year and afterward discontinue against the proviso if  that lease shall bind Nic Harvey who come in by the latter use c dyer it be  hard t avoid the lease for at the time of the make of it the lessor have a  good interest and authority to make the lease and the act which impeach the  estate of the lessor commence after the lease by the discontinuance and  therefore shall not avoid the Leonard er p lease manwood the second use do  determine the first use and all estate derive out of it mounson wear down for  here this word otherwise than for year c so as such a lease be except as if a  man make a feoff in fee to the use of I S and his heir until I d shall pay to  he and then to the use of I d and his heir here if I S make a lease for year  and afterward the money be pay to I d now I d shall hold the land discharge of  the lease for there be no word otherwise c for these word otherwise qualify  the second use dyer the word otherwise amount to a exception manwood doubt of  it and move and demand if the wife of the beneficiary and use shall have dower  or not Barham conceive that she shall c
cclxvi partridge case a quo warranto be bring against partridge in which case  it be hold by all the justice that a man may prescribe to hold a leet often  than twice in one year and at other day than be set in the statute of great  Charta cap because the say statute be in the affirmative but Popham say that  one can prescribe against a statute see for the same book of entry e leet and  he say that the want of a tumbrel and pillory be a good cause of forfeiture of  the liberty which coke deny and it be far move by Popham that if a general  pardon be grant with general exception in it he that will take advantage of  the same ought to plead it and show that he be not any person except for  otherwise the judge can allow he the benefit of it because they do not know if  he be a person except or not but if there be special person except by name and  none other except but only those person there the party needs not to plead it  for the court may discern I b from I d see e and h if a man commit felony and  also treason and afterward come a general pardon for the felony but treason be  except and the party be arraign of felony by coke he shall have the benefit of  the pardon but Popham contrary for he be disable by the treason and it be  agree by the whole court that in a quo warranto it be not sufficient for the  defendant to say that such a subject have lawful interest to hold a leet  without make title to himself for the writ be quo warranto he claim c and  afterward judgement be give for the queen trin Elizabeth in the king bench
cclxvi trin Elizabeth in the king bench devise the case be this grandfather  father and son the grandfather seize of a house call the swan in Ipswich  devise the same to his old son for life the remainder to a son of his old son  and the heir male of his body the remainder to the right heir of the devisor  and to the heir male of his body and die the father and son die without issue  male the son have issue a daughter who enter and assure the land unto one haw  and covenant that she be seize of the say message of a certain and sure estate  in feesimple Godfrey that the daughter shall take the last remainder as right  heir at the time that it ought to be execute to the heir male of her body as  if it have be devise to her by her proper name so she have but a estate tail  and so the covenant be break cook contrary at the time that the devise take  effect by the death of the devisor the father be his right heir so as the  remainder vest in he immediate and shall not expect in abeyance until the  father and son die without heir male of the son for the father be a person  able to take so that upon the death of the devisor the father be tenant for  life the remainder to the son and the heir male of his body the remainder to  the father in Leonard er p tail ut above the reversion to the father in fee  and the daughter have the same reversion by descent after the entail spend all  which Wray justice grant cro before Leonard mich Elizabeth in the common plead  intrat trin Elizabeth rot
cclxvii galliard and archer case trover and conversion galliard bring a action  upon the case against archer the plaintiff declare that he himself be possess  of certain good which by trover come to the hand of the defendant who have  convert they to his own use the defendant plead that before the trover suppose  one a be possess of the say good as of his proper good and sell they to the  defendant and that he have not any notice that the say good be the good of the  plaintiff upon which the plaintiff do demurrer in law and by Anderson the plea  be not good for the plaintiff may choose to have his action against the first  finder or against any other which get the good after by sale gift or trover  and by some the defendant have the good by sale may traverse the find see wear  down h a and see by some in detinue where the plaintiff declare of a bailment  the defendant may say that he find they and traverse the bailment h by moil  and by Windh m justice the defendant may traverse the property of the good in  the plaintiff e postea postea mich Elizabeth in the common plead
cclxvii mich Elizabeth in the common plead tenant in socage make a lease for  four year and die his heir within age of year the mother be guardian in socage  lease by indenture to the same lessee for year it be hold that in this case  the first lease be surrender but otherwise it be of a lease make b guardian in  nurture
cclxvii STACKFORDS case Stackford be indict for disclose the counsel of the  queen and of his companion be swear upon the grand inquest for the county of  Middlesex in this manner it be intend by the jury to endict the brother of  Stackford as a common barrettor and he disclose the same to his brother and  upon that matter he be indict and exception be take to the indictment because  it be not show in what thing he have disclose their counsel it be say in  Trinity term Elizabeth he disclose but it be not say what day of the month it  be do the indictment be that he be swear in person justice owner queen c and  it be not show in what court he be swear but general at Westminster the  justice be all of opinion that it be a lewd part and that he shall be fine for  it but he be discharge from the indictment pasch Elizabeth in the king bench
cclxvii wiggen and ARSCOTS case in a prohibition the surmise be that the  exposition of statute do belong unto the queen temporal court and Arscot have  sue in the spiritual court for tithe whereas in truth for not read of the  article accord to the statute of Elizabeth he be deprive Self facto and so he  be not parson for which cause gawdy pray a prohibition for he say that the  surmise be good and sufficient Leonard for the question be parson or not  parson and that shall be try here by the commonlaw and I do not know that it  hathever be rule here to the contrary before Clench justice it have not be  rule to the contrary yet because great inconvenience may arise upon the admit  of it the court have take order that no prohibition shall be grant upon such a  surmise without great probability of the truth of the surmise where a  prohibition be award upon such a surmise the party needs not to prove his  surmise accord to the statute of e cap for this surmise be conceive upon a  cause of late time since the say statute and be not any cause to have a  prohibition at the time of the say statute trin Elizabeth in the king bench  rot
cclxviii Edward and TEDBURIES case bailment of good to a carrier attachment of  good Edward of London be indebt unto one a of the same city and Edward deliver  good to one Tedbury carrier of Exeter who go to he to carry for he certain  ware to be carry to Exeter to certain tradesman there the say good to be  deliver to they c and so the say good ware and merchandise be in the  possession of the defendant Tedbury to be carry to Exeter the say a cause they  to be attach in the hand of the say carry for the debt of the say Edward the  say carrier be then privilege in the common plea by reason of a action there  depend and by the clear opinion of the whole court the say attachment ought to  be dissolve for the carrier for the reason aforesaid be privilege in his  person and his good and not only in his own good whereof the property belong  to he but also in such good in his possession for which he be answerable to  other c and so it be adjudge mich Elizabeth in the common plead
cclxviii the town OF green in sussex case the town of green in Sussex be  amerce for the escape of a felon and that amercement be ground upon a  inquisition take before the coroner by who the escape be find and it be move  for the town that there be not any such escape find for which the town ought  to be amerce for it be find that he who escape die January Elizabeth daughter  of the Sun horan quartan post noon with a pitchfork Leonard er p mortal strike  one a which a of the say stroke die hour in the evening of the same day and  that then the other escape for which escape be do in the night the town by the  law ought not to be amerce for it be not felony until the party die which see  two h and in coal case Elizabeth blow Com and therefore the town nor any other  be charge with the to hit before the party wag dead Wray it shall be a hard  thing that the town shall be amerce upon this matter for although the town in  discretion may have stay the party yet it be not bind to do it c Leonard mich  Elizabeth in the common plead
cclxviii winter and Lovedays case in a action of covenant by winter against  Loveday it be find by special verdict that winter by deed indent mortgage to  Loveday a certain lease upon condition to pay l to Loveday at a day certain at  the porch of such a church and upon such payment winter to have back his lease  and Loveday covenant that upon repayment of the money he shall have back all  his evidence concern the same and it be far find that at the day of payment  one Cornwallis send unto Loveday to know if Loveday will receive the money  which winter owe to he at his house who answer that he be content and he come  there and the Leonard er p money be tell and deliver in bag to Loveday but  afterward some contention do arise between winter and Loveday for certain  write for which cause Cornwallis say that if they will not agree betwixt they  that they shall not have his money whereupon winter request Cornwallis that be  may have the money to carry to the say porch of the say parish church who be  content and there Loveday come to receive it and winter will not pay it  Tanfield move that the same be a good payment to discharge the mortgage for  the money be tell in the house of Cornwallis and Loveday there put it up into  bag and the same be a good payment and receipt coke contrary here be not any  payment for it be not the money of winter but of Cornwallis as appear by the  word of Cornwallis sure if they can not agree they shall not have his money  also winter request Cornwallis that he may have the money to carry to the  porch of the parish church aforesaid by which it appear that it be not winter  money and for that cause it be also the opinion of the court that the same be  not any sufficient tender say for this the case of Watkins and Astwick hill  Elizabeth Len trin Elizabeth in the king bench
cclxx AUDLEYS case use the Lord Audley h feoff hoddy and other of certain land  in the county of Somerset and afterward by indenture recite the say feoff and  the date of it and also that it be to the intent that his feoff shall perform  his will as follow in effect videlicet my will be that my say feoff shall  stand seize to the use that the say hoddy shall receive of the say land which  he have lend to the say Lord Audley and also to stand seize to pay all his  debt upon bill sign d with his hand and after the debt pay that the feoff  shall make a estate of the say land to he the say Lord Audley and Joan his  wife and to the heir of their body c with diverse remainder over the say Lord  Audley have issue by the say Joan and also have issue by a former wife a  daughter the feoff never make any estate to the say lord and his wife and by  the opinion of diverse justice and sage of the law upon this matter no use be  change for it be not a last will but a intent and although that the feoff  shall be seize to the use of the feoff and his heir because no consideration  be wherefore they shall be seize to their own use yet the same can not make a  new use to the say lord and his wife in tail without convey a estate c for the  wife be a stranger to the land and the same can be a will or testament for the  estate mention in the say write ought to be make to the say lord and his wife  who can not take by his own will and this matter be depend in the chancery and  the advice of the justice be there require they deliver their options that by  that write no use be change nor any use vest in the say lord and his wife and  a decree be make accord until proof be make that such a estate be make c  Leonard trin Elizabeth in the common plead
cclxx coniers and holland case in a action upon the case upon assumpsit by  coniers against holland the defendant plead that after the promise that the  plaintiff have discharge he of it and by Wray chief justice it be a good plea  and so it have be of be rule and it be late the case of the Lord chief baron  against who in such a action such a plea be plead and he move we to declare  our options in sergeantsinn and there by the great opinion it be hold to be a  good plea for which cause the court say to Buckley who move the case that the  plea be good and judgement be enter accord cro cro mich Elizabeth in the  common plead
cclxx ERBERY and LATTONS case in a replevin the defendant do avow because he  be seize of such a manor within which there be a custom that the great part of  the tenant at any court within the say manor hold appear may make bylaws for  the most profit and best government of the tenant of the say manor c and that  such bylaws shall bind all tenant c and show further that at such a court hold  within the say manor the homage there be the great part of tenant of the manor  aforesaid at the court aforesaid appear make this bylaw scilicet that no  tenant of the say manor shall put into such a common any steer be a year old  or more upon pain of six penny for every such offence and that it shall be  lawful to distrain for the same and the court be clear of opinion that the  bylaw be utter void for it be against common right where a man have common for  all his cattle commonable to restrain he to one kind of cattle c but if the  bylaw have be that none shall put in his cattle before such a day the same  have be good for such bylaw do not take away but order the inheritance for the  nature of a bylaw be to put order betwixt the tenant concern their affair  within the manor which by law they be not compellable to do and by periam the  avowant ought to have aver that this bylaw be for the common profit of the  tenant see the Lord cromwell case Elizabeth dyer and afterward in the  principal case judgement be give against the avowant I and mich Elizabeth in  the common plead
cclxx Fetherstone and HUTTCHINSONS case SC cro Elizabeth see Lound v Grimwade  Ch d in a action upon the case the plaintiff declare that whereas one hill  have recover in a action of debt against I S upon which a capias be award  against I S that by force thereof he be arrest and be under arrest the  defendant in consideration that the plaintiff will suffer the say I S to go at  large daughter of the Sun to carry on business svan and to go to his own house  and also in consideration of d pay to the defendant he promise to pay to the  plaintiff the say it be hold by the court a void promise within the statute of  h for the consideration to let a prisoner go at large be not lawful or good  and if part of the consideration be not good the whole be nought and so it be  adjudge trin Elizabeth in the king bench
cclxxi RICHMOND and butcher case in a replevin the case be this a man make a  lease for year reserve rend to the lessor his executor and assign where the  lessor have a feesimple in the land it be hold by the court that the rend  shall go to the heir notwithstanding the special reservation because the word  of the reservation be during the term and the other word to his executor and  assign shall be void and then the rend shall go with the reversion to the heir  which see h by Awdley and it be say by some that a rend reserve during the  term shall go to the heir with the reversion and e be cite where a rend  reserve to the lessor and his assign shall not go to the heir and that these  word during the term do not mend the matter for Leonard er p the lessor may  well overlive the term but in the principal case it be say by periam justice  that the executor shall not have the rend for they have not the reversion but  if the lessor grant over the reversion the grantee shall have the rend and  afterward judgement be give against the plaintiff for it be in a replevin and  judgement be give for the avowant who be heir to the lessor cro
cclxxi Stretton and browns case in a false imprisonment bring the defendant  justify because at the time he be constable of d and appoint the plaintiff to  watch and he refuse by reason of which he set he in the stock upon which the  plaintiff do demurrer in law because the defendant have not allege that the  plaintiff be a inhabitant within the town for the constable can compel  stranger which pass to watch and it be move if for such a cause the constable  may set one in the stock for it be say he ought to complain of his refusal to  a justice of the peace also the constable can appoint any to watch at his  pleasure but only in his turn for otherwise the constable may upon a private  revenge vex his neighbour see e Wray chief justice the defendant ought to show  that the plaintiff be Leonard inhabitant in the town and that it be his turn  to watch and if such inhabitant refuse to watch in his turn the constable may  set he in the stock Leonard er p trin Elizabeth in the exchequer
cclxxi Walgrave and somersets case in trespass by Walgrave against Somerset  the case be that tenant at will cut down tree and the lessor bring trespass  way arms and the court be clear of opinion that the action be well  maintainable modus form and judgement be give accord vide Litt that trespass  lie but he do not speak of way arms see for that e by Fairfax and Genny e
cclxxii ASHEGELLS and Dennis case quare hinder Ashegel bring a quare hinder  against Dennis and the plaintiff count that the defendant have disturb he to  present ad vicarian de d and show that the queen be seize of the rectory of d  and of the advowson of the vicarage of d and by her letter patent give unto  the plaintiff rectorian prediction cum appurtenance etian vicarian church  predict and it be hold by the whole court that the advowson of the vicarage by  these word do not pass nor so in the case of a common person much less in the  case of the king but if the queen have grant church svan of d then by  walmesley justice the advowson of the vicarage have pass cro hob mich  Elizabeth in the common plead
cclxxii mich Elizabeth in the common plead in a action of trespass bring by a  poor woman for break of her close she declare of a continuando of the trespass  by six year and upon nothing to say plead she have judgement to recover upon  which issue forth a writ of enquiry of damage and now come the poor woman and  show to the court that the jury have find too little damage I e but S whereas  the land be worth per and and the trespass have continue by six year together  and pray that the say writ may not be receive and that the court will grant  her another writ to have a melius to seek after of the damage but the whole  court deny to grant any such writ for so there may be infinite inquiry but  sometime at the prayer of the defendant when excessive damage be find or any  misdemeanour allege in the plaintiff procure or use such a writ of enquiry of  damage we use to relieve the defendant by grant and issue forth of a new writ  but to the plaintiff never because the sue forth of the writ be his own act  and by Rhodes justice the late countess of Derby Leonard bring a writ of dower  and have judgement to recover and she surmise that her husband die seize and  pray a writ of enquiry of damage and have it grant unto her and because too  small damage be find she will have suppress the say writ and procure a new  writ but she can not obtain it and at last she be drive to bring in the first  writ and so it be do hill Elizabeth in the king bench
cclxxii mich Elizabeth in the common plead trial in debt upon a obligation the  defendant say that the obligation be endorse with a condition for the  performance of covenant contain in a indenture c the plaintiff assign the  breach in this that the defendant himself by the same indenture that the say  house be discharge of all former estate and encumbrance c and further show  that the defendant have make a former lease of the say house to one a b in the  county of Warwick to which the defendant say that tempore dimisstonis he be  within age upon which they be at issue and it be try in the county of Warwick  where it ought to be try where the writ be bring but the whole court hold the  contrary that the trial be well enough as if in a assize the tenant plead a  release of the plaintiff in a foreign county to which the plaintiff plead that  at the time of the release he be within age upon which they be at issue the  issue shall be try in the country where the release be plead to be make and  not where the writ be bring Leonard er p
cclxxiii COLLMAN and sir huge PORTMANS case ejection strong surrender of  copyholder in ejection strong by Collman against sir Hugh Portman it be find  by special verdict that the land where be hold by copy of the manor of d  whereof sir h Portman be seize and that the plaintiff be copyholder in fee and  further find that the say sir h pretend the say copyhold land to be forfeit  enter into communication with Collman touch the same upon which communication  it be agree betwixt they that the say Collman shall pay to the say sir Hugh  five pound which be pay accord that in consideration thereof Collman shall  enjoy the say customary land except one wood call Combwood for his life and  also of Alice his wife durante svan widowhood and that Collman shall have  election whether the say land shall be assure unto he and his say wife by copy  or by bill c he choose by bill which be make accord and further find that the  say sir h hold and enjoy in his possession the say wood c upon this matter the  court be clear in opinion that here be a good surrender of the say land and  that for life only and that the say sir Hugh have the wood discharge of the  customary interest Leonard er p Leonard mich Elizabeth in the common plead
cclxxiii SCROGS and griffin case in a action upon the case upon a promise by  Scrogs against griffin the plaintiff declare that whereas such a day one brown  and another do run for a wager from SaintJohnStreet to Highgate that he of the  say two that first get thither and come again shall have which wager the say  brown do win and whereas after the say match so perform the say plaintiff  affirm that there be deceit and covin in the performance of the say match upon  which the defendant in consideration of twelve penny to he deliver by the  plaintiff promise that if the plaintiff can prove that any deceit or covin be  use or practice in the performance of the say match that then upon request he  shall pay to the plaintiff and upon non assumpsit plead it be find for the  plaintiff and it be move by foster in arrest of judgement that here be not any  request set forth in the declaration and also that this deceit be inquire of  in London whereas it ought to be in Middlesex where the race be run and it be  agree by all the justice that the proof ought to be make in this action as in  the common case of voyage and that request now be but matter of conformity and  not of necessity Wray justice it be clear that always proof ought to be as it  be here if not that the matter be refer to a special proof before a person  certain and as to the trial the deceit be not in issue but only the promise  and therefore the issue be well try in London also this action here include  proof and request for there can be make any other proof and the proof be the  effect for which cause he conclude that judgement shall be enter for the  plaintiff which be do accord Leonard er p pasch Elizabeth in the common plead
cclxxiii trin Elizabeth in the king bench in a action of debt by a against b  upon a obligation the defendant plead tender of the money accord to the  condition upon which the party be at issue and after the defendant plead that  after the darrein continuance the debt now in demand be attach in the  defendant hand accord to the custom of London for the debt of c to who the  plaintiff be indebt it be the opinion of the court that the plea be  insufficient for it be altogether contrary to the first plea and also the  court hold that in a action for the debt depend here in this court the debt  can be attach and the court will not suffer a demurrer to be join upon it  Leonard er p but overrule the case without any argument for it be say by Wray  chief justice that it be against the jurisdiction of the court and the  privilege of it
cclxxiv the archbishop OF yorks case toll the king grant to the archbishop of  York the toll of corn sell in the market of Rippon and afterward the king  grant to the mayor and citizen of York to be discharge of toll through all the  realm and afterward the archbishop exchange his manor of Rippon with the king  for another manor it be move if now the citizen of York shall be discharge of  toll within the manor of Rippon dyer say that they be not discharge of toll  for the grant to the archbishop be eigne to the grant make to the citizen and  by the exchange the king have new right and when the king grant over the manor  of Rippon the grantee shall have the toll notwithstanding the grant make to  the citizen for the grant make to they be void as to discharge they of toll at  Rippon and the grant of the king to the citizen shall not take effect after  the exchange for the grant be void ab beginning but if the grant of the king  to the archbishop have be make for life then the grant of the Kingmade to the  citizen shall take effect after the estate for life determine and the better  opinion be that toll shall be pay Leonard er p Leonard hill Elizabeth in the  common plead
cclxxiv thetford and THETFORDS case debt in a action of debt for rend the  plaintiff declare that land be give to he and to t his wife and to the heir of  their body and that his wife lease the land to the defendant and that the  donee be dead and that the plaintiff as heir c for rend arrear c and upon non  demiseru the jury find that the husband and wife demiseru by indenture and  afterward the husband die and the wife enter and within the land die now upon  the matter it seem clear to Anderson that the jury have find for the defendant  sure non demiseru for it be now no lease ab beginning because the plaintiff  have not declare upon a deed man dyer and also he wife by her disagreement to  it and the occupation of the land after the death of her husband have make it  the lease of the husband only hut die   mich Elizabeth in the common plead
cclxxiv trin Elizabeth in the king bench note it be hold by the court that if  a copyholder in fee die seize and the lord admit a stranger to the land who  enter that he be but a tenant at will and not a seize to the copyholder who  have the land by descent because he come in by the assent of the lord c
cclxxix Hungerford and watts case word Hungerford bring a action upon the case  against Watts for that the defendant have say that the plaintiff have cause  the defendant to be arrest with forge writ it be object that the word be not  actionable for it may be that the writ be forge by stranger without the  privity of the plaintiff and that the plaintiff not know they to be forge  procure the arrest but the opinion of the court be that the word be actionable  for the word cause extend as well to the forgery as to the arrest and so  amount to the slander of forgery
cclxxix pasch Elizabeth in the common plead the defendant in debt be ready at  the bar to wage his law be examine by the court upon the point of the  declaration and the cause of the debt upon which it appear that the plaintiff  and defendant be reciprocal indebt the one to the other and account together  they be agree that each of they shall be quit of the other it be the opinion  of periam and Anderson justice that upon that matter the defendant can not  safe wage his law for it be but a agreement which can be execute but by  release or acquittance
cclxxix pasch Elizabeth in the king bench in a action upon the case the  plaintiff declare that b by his will do devise to each of his daughter he have  two daughter and that the survivor shall have the whole and show far that one  of his two daughter die and that b make his wife his executrix and that the  say wife take to husband the defendant and far declare that the defendant in  consideration of all that and that the defendant shall take the survive  daughter to wife and in consideration that the defendant have asset to pay all  debt and legacy c do promise to pay to the plaintiff l at four several day the  first day of payment incur and no money be pay whereupon the plaintiff bring  the action the defendant plead that be make no such promise and it be find for  the plaintiff and damage be assess for the default of payment at the first day  and that be move in arrest of judgement because the assumpsit be entire and  the plaintiff ought to have forbear his suit until all the day of payment be  pass and then to have one entire action for the whole Leonard er p but the  opinion of the whole court be against that for they say it be not like unto a  debt upon a contract or a bill where the debt be to be pay at several day for  here no debt be to be recover but only damage for the debt and this default of  payment be a wrong and therefore the action will well lie and so it be adjudge
cclxxv rockwood and ROCKWOODS case assumpsit in a action upon the case the  case be this the father of the plaintiff and defendant be sick and in danger  of death and intend to make his will in the presence of both his son the  plaintiff and defendant declare his meaning to be to devise to the plaintiff  his young son a rend of per annum for the term of his life out of his land and  the defendant be the old son the intention of his father be to charge the land  with the say rend offer to his father and brother that if the father will  forbear to charge the land with the say rend he promise he will pay the yearly  to his brother during the life of his brother accord to the intention of his  say father whereupon the father ask the plaintiff if he will accept of the  offer and promise of his brother who answer he will whereupon the father rely  upon the promise of his say old son forbear to devise the say rend c so as the  land descend to the old son discharge of the rend and the opinion of the whole  court in this case be clear that upon the whole matter the action do well lie  cro mich Elizabeth in the common plead
cclxxv trin Elizabeth in the king bench a ejection strong be bring de to make  one cubiculo and exception be take to it but the exception be disallow the  declaration be special videlicet lea One bed per nomen One bed be in such a  house in the middle story of the say house and the declaration be hold good  enough and the word cubiculum be a more apt word than the word camera and such  be the opinion of Wray chief justice and it be say that ejection strong bring  de One rooma have be adjudge good in this court Leonard mich Elizabeth in the  common plead
cclxxv William Wallers case William Waller seize in fee h make a feoff to the  use of his last will and by that devise his manor of russels to Richard Waller  his son in tail and die Richard Waller enter and be seize by force of the  statute h and afterward e by his deed in consideration of a marriage to he  have between he and one Elizabeth a feoff Worsley and other to the use of  himself and the say Elizabeth for their life and after the use of the say rich  Waller and his heir and die Elizabeth take to wife clavell they both by fine  grant the say manor to though lamb habend eiden thomae heir nest totan vita  Self Elizabeth though lamb enter and die seize though his son and heir enter  against who Thomas Waller son and heir of rich bring a formedon the say  Elizabeth be alive the tenant say he be within age and pray that the parole  may demurrer but non allocatur for he be but as a occupant during the life of  Elizabeth
cclxxvi johnson and Bellamy case rot in a ejection strong it be hold by  special verdict that W grant be seize of certain land and by his will devise  the same to Joan his wife for life and further he will that when rich his  brother shall come to the age of year that he shall have the land to he and  the heir of his body lawful beget W grant die have issue of his body who be  his heir rich before he attain the age of year levy a fine of the say land  with proclamation in the life and during the seize of Joan to a such light  part Finis nothing to have and if this fine shall bar the estate in tail be  the question and the justice cite the case of the Lord zouch which be adjudge  mich Elizabeth where the case be tenant in tail discontinue to e and afterward  levy a fine to b that although that part Finis nothing to have yet the say  fine do bind the estate tail but the sergeant at the bar argue that there be a  difference between the case cite and the case at bar for in the case cite the  fine be plead in bar but here it be not plead but find by special verdict to  which it be say by the court that the same be not any difference for the fine  by the statute be not any matter of estoppel or conclusion but by the statute  bind and extincts the entail and the right of it and fine be as sufficient to  bind the right of the entail when they be find by special verdict as when they  be plead two bar and periam justice say a collateral warranty find by special  verdict be of as great force as plead in bar and afterward judgement be give  that the estate tail by that fine be utter bar and extinct cro a
cclxxvi petty and TRIVILIANS case livery of seize Humphrey petty bring second  deliverance against William Trivilian and upon special verdict the case be  that a be seize of certain land and lease the same for year and afterward make  a deed of feoff unto b and a letter of attorney to the lessee c and d jointly  well separately in in all respects one land et tenement to go into et seisinam  ind c secundum form paper c lessee for year by himself make livery and seize  in one part of the land and c in another part and d by himself in another part  it be first agree by the justice that by that livery by lessee for year his  interest and term be not determine for whatsoever be do he do it as a officer  or servant to the lessor second it be agree that these several livery be good  and warrant by the letter Leonard of attorney especial Leonard er p by reason  of these word in in all respects singular c so as all of they and every of  they may enter and make livery in any and every part and so it be adjudge mich  Elizabeth in the common plead
cclxxvii pasch Elizabeth in the king bench three man be bind by recognizance  joint and several against all which the conusee sue forth execution by to know  facias and upon issue join it be find for the plaintiff in the king bench and  execution award by capias ad satisfaciend and because the same erronice  emandvit be upon a recognizance it be draw off the file and now the conusee  bring a action of debt upon the judgement against one of they and the opinion  of the whole court be that it will not lie because the judgement be joint  against they all three
cclxxvii RIGDEN and palmer case replevin avowry Rigden bring a replevin  against palmer who avow for damage pheasant in his freehold the plaintiff say  that long time before that palmer have any thing he himself be seize until by  a b and c disseizsed against who he bring a assize and recover and the estate  of the plaintiff be mean between the assize and the recovery in it the  defendant say that long time before the plaintiff have any thing one Griffith  be seize and do feoff he without hoc that the say a b and c well the dawn some  to some degree to have in the land at the time of the recovery Walmsley  justice be of opinion that the bar unto the avowry be not good for that the  plaintiff have not allege that a b and c tertenants tempore recovery and that  ought to be show in every recovery where it be plead and then when the  defendant traverse that which be not allege it be not good Windham contrary  for the assize may be bring against other as well as the tenant as against  disseizors but other real action ought to be bring against the tertenants only  and therefore it needs not to show that they be tertenants at the time of the  recovery and also the traverse here be well enough another exception be take  because the avowry be that the place in which contain a acre of land the  plaintiff in bar of the avowry say that the place in which c contain acre c  but that exception be not allow for it be but matter of form and be help by  the statute of Elizabeth another exception be take as to the hundred of cattle  and do not show in certain if they be ewe or lamb or how many of each which  also be disallow for the sheriff upon returno to have may inquire what cattle  they be in certain and so by such mean the avowry shall be reduce to certainty  sty mich Elizabeth in the exchequer chamber
cclxxvii the scholar OF all soul and TAMWORTHS case this case be report in the  first part of Leonard in a writ of right by the college of all soul in oxon  against Tamworth the writ be quod proclaim rashly de we in liberan puran  perpetuan alms and exception be take to it because it ought to be liberan alms  without puran perpetuan also it ought to be with a double thou and not alms  send non allocatur for as to the first exception it be but surplusage and as  to the other it be the common course another exception be take to the writ  because that the word be quod proclaim be we inheritance svan without save in  jure college Anderson the writ be good enough if a parson plead that he be  seize he shall say Leonard er p in jure church for he have two capacity and  without those word he shall be intend to be seize in his Leonard own right but  if a abbot plead that he be seize be needs not such word for that he have not  any other capacity and so of dean and chapter mayor and commonalty and  afterward the writ be award good and that the tenant shall answer over vide  libre entry it be also move if the college shall count of his seize within  year because that the corporation never die and then if he count upon his own  possession and it be hold that if the warden of the college that now be be  ever seize he ought to count upon a seize within year but upon the seize of  his predecessor he ought to count of a seize within ear as another common  person for the change of the head if such seize be as the die seize and  descent of a common person mich Elizabeth in the king bench
cclxxviii ARRUNDEL and the bishop OF gloucesters and CHAFFINS case quare  hinder Writ to the bishop sir John Arrundel bring a quare hinder against the  bishop of Gloucester and chaffin and count upon a disturbance to present I  novembris chaffin as incumbent plead that I maii next after the say novemb he  himself be present to the church by the queen the presentment to the say  church be devolve unto her by lap upon which the plaintiff do demurrer in law  and the plea be hold insufficient for the plaintiff count upon a disturbance  to he Novem and the defendant entitle himself to a incumbency may after in  which case the disturbance set forth in the count be not answer by traverse  nor confess nor avoid and of that opinion be the whole court for the  disturbance of which the plaintiff have declare be confess and afterward it be  move by the queen sergeant that the queen may have a writ to the bishop for  the title of the queen appear to be by lapse which be confess but the whole  court be clear of opinion against it for although it appear that he be lawful  present to the saidchurch and so once lawful incumbent yet it appear also that  the title of the queen be once execute and so go and nothing remain in the  queen and now when the defendant have lose his incumbency by ill plead as he  may as well as by resignation or deprivation yet the same shall not turn to  the advantage of the queen for where the queen present for lap and her clark  be institute and induct the queen have no more to do but the incumbent must  shift as well as he can for the hold of it for by what manner so ever he lose  his incumbency the queen shall not present again otherwise it have be if the  queen be patron and afterward the plaintiff have a writ to the bishop mich  Elizabeth in the exchequer chamber
cclxxviii pasch Elizabeth in the king bench a bring a action upon the case and  declare that the dean and chapter of Westminster do lease unto he a house for  year by deed indent of which indenture he be possess and afterward lose it and  by trover it come to the hand of the defendant who sell it and convert the  money thereof come to his own use the defendant plead not guilty and the  plaintiff give in evidence that the say lease be make to he and to one b and  that the say indenture be deliver to the say b and that be agree to be the  possession of they both and afterward b die and afterward a the plaintiff be  the sole owner of it and that be hold to be good evidence on the part of the  plaintiff and if the plaintiff can prove the other part of his declaration I e  that the indenture come unto the hand of the defendant and that be sell it  that then he shall recover but it be give in evidence on the defendant part  that the say b sell to the say defendant his part and interest in the say  lease and also the say indenture so as now be be become tenant in common with  the plaintiff and then his sale do not give any cause of action to the  plaintiff and that be hold by the whole court to be good evidence without  plead of it the case go far that a be within age his father lease the land  Leonard for year and afterward the son at his full age upon the back of the  indenture do release to the defendant all his right and it be hold by Wray  justice that when the father lease he do it as guardian to his son and it be  not any ejectment of I the son but it be a lease in the behalf of the son  although the son may avoid it and then when the endorsement be ut above the  same be a good assignment and afterward the plaintiff be nonsuit
cclxxviii russell and prats case error Writ of enquiry of damage action de  good testator Rusell bring a action upon the case against Prat and declare  that certain good of the testator casual come to the defendant hand and upon  matter in law judgement be give for the plaintiff send because not know who  financial loss c therefore a writ of enquiry of damage issue and now Prat  bring a writ of error in the exchequer Chamber upon the statute of Elizabeth  cap but note that the judgement be give before the say statute but the writ of  enquiry of damage be return after the say statute the say statute do not  extend but to judgement give after the make of it and it be move that the say  judgement be not to be examine here but by the clear opinion of Anderson  manwood Windham walmesley gentleman and clark justice of the common plea and  baron of the exchequer the writ of error lie here by the statute for in a  action of trespass as this case be full judgement be not give until the writ  of damage be return and if before the return of it any of the party die the  writ shall abate and the first judgement which be give before award of the  writ be not proper a judgement but rather a rule and order and so in a writ of  account where Leonard judgement be give that the defendant to sum up cum to  express grief he shall not have error upon that matter for it be not a full  judgement see e so as to the judgement in a writ of trespass sure that no writ  of error lie before the second judgement after Leonard er p the return of the  writ of enquiry of damage be give and also it be hold by all the say justice  and baron that a executor shall have a action upon the case de good testator  casual come to the hand and possession of another and by he convert to his own  use in the life of the testator and that by the equity of the statute of e de  good carry away in vita testator cro mich Elizabeth in the common plead
cclxxviii trin Elizabeth in the common plead action upon the case be bring for  these word thou will have steal my cloak if I S have not come in the way and  thou art a thief and I will prove it after verdict it be find for the  plaintiff it be object in arrest of judgement that these word be not  actionable for the first word thou will have steal my cloak c do not by law  give any cause of action and when the word subsequent thou art a thief be  depend upon the say former word and to be construe as speak in respect of they  and upon that intent but the opinion of the whole court be to the contrary and  that the say latter word shall be take and construe in abstract by themselves  as in gross and not as dependent upon the former word and afterward judgement  be give that the plaintiff shall recover mich Elizabeth in the common plead
CCLXXVIL mich Elizabeth in the king bench the case be a man make a lease for  life render rend at Michaelmas and further lease the same to the executor of  the lessee until Michaelmas after the death of the lessee it be affirm by cook  that in that case it be adjudge that the word until shall be construe to  extend to the term unto the end of the Feast of saint Michael and so the rend  then due Payable by the executor for without such construction no rend shall  be then due because the term end before Michaelmas Leonard er p
cclxxx pasch Elizabeth in the common plead tenant in tail covenant with his  son to stand seize to the use of himself for life and afterward to the use of  his son in tail the remainder to the right heir of the father the father levy  a fine with proclamation and die it be move by Fenner if any estate pass to  the son by that covenant for it be not any discontinuance and so nothing pass  but during his life and all the estate which be to begin after his death be  void Anderson justice the estate passes until c and he cite the case of one  pit where it be adjudge that if tenant in tail of a advowson in gross grant  the same in fee and a collateral ancestor release with warranty and die that  the same be a good bar for ever Leonard pasch Elizabeth in the common plead
cclxxx pasch Elizabeth in the king bench a devise that his land shall descend  to his son but be will that his wife shall take the profit thereof until the  full age of his son for his education and bring up and die the wife marry  another husband and die before the full age of the son and it be the opinion  of Wray and Southcote justice that the second husband shall not have the  profit of the land until the full age of the son for nothing be devise to the  wife but a confidence and she be as guardian or bailiff for to help the infant  which by her death be determine and the same confidence can be transfer to the  husband but contrary if he have devise the profit of the land unto his wife  until the age of the infant to bring he up and educate he for that be a devise  of the land it self cro hob dyer a die a Len Yel n Ayleff Choppins case Vaugh  pasch Elizabeth in the common plead
cclxxxi jones case Henry Jones have steal the plate of Trinity college in  Oxford and by mediation of his friend it be conclude and agree that no  evidence shall be give against he at the suit of the college and that the  college shall be recompense for the lose and two of his friend brien and Brice  be bind unto doctor underhill rector of Lincoln college in Oxford but unto the  use of the master and scholrs of Trinity college upon condition that if the  say obligor pay forty pound within six month after the say Henry Jones shall  be acquit release of the trouble wherein be now be with the safety of his life  that then c in debt upon the obligation the defendant plead that he be indict  at the assize at ox arraign upon it sure for the steal of the say plate and  find guilty thereof and have his clergy and be burn in the hand he demand  judgement of this Leonard er p action upon which there be a demurrer wind if  the word have be to pay the money after that Henry Jones shall be release and  acquit of the trouble in which he now be without any more the defendant have  be bind to pay the money periam if the word of the condition have be that  after Henry Jones shall be acquit of the felony then no money Payable but here  the word be with safety of his life but here he conceive that the intent of  the obligation be that no evidence shall be give and so to save his life from  the gallows for which the defendant may have show the special matter and aver  that the obligation be make for the discharge of a felon and so against the  law c but now they can take advantage of it and afterward judgement be give  for the plaintiff ante pasc Elizabeth in the common plead
cclxxxi OGNELLS case in a replevin against Ognel who avow for rend the  plaintiff be nonsuit the question be whether the court may assess damage  without a writ of enquiry of damage it be the opinion that they may for they  be not in respect of any local matter but they accrue to the avowant for the  delay in the nonpayment of the rend contrary where judgement be give for the  plaintiff there the court shall not assess the damage for he ought to recover  for the take of his cattle of which the judge can take notice and the damage  may be great or less accord to the value of the cattle and the circumstance of  the take and delay of they Clayton Rep mich Elizabeth in the king bench
cclxxxii castle and OLDMANS case debt castle bring debt against oldman for a  pain assess in a court baron and declare that the defendant be present at the  court baron for such a offence and if he do not amend it before the next court  he shall pay such a pain and at the next court it be present that the  defendant have not amend it and so he have incur the pain upon which the  action be bring and now the defendant will wage his law and it be much doubt  whether wager of law lie in the case Shutleworth h upon a recovery in a court  baron wager of law lie not by Conisby which periam deny and by he upon a  account by another hand it do not lie for it be a matter of which the country  may have conusance so here the matter be notorious vuhith lie in the knowledge  of all the juror who present it and by he the pain ought to be afferred which  Anderson deny for there be a difference betwixt a amercement and a pain which  Windham grant and see for the amerciament in the leet h r lie but in a court  baron because it be not a court of record so in debt upon a arbitrament the  law lie and Waler one of the secondary show unto the court a precedent  Elizabeth Leonard where debt be bring by sir Thomas Tyndal upon a pain forfeit  for the break of a bylaw in a court baron against tiler and the party be  receive to wage his law roll cro Inst pasch Elizabeth in the common plead
cclxxxii hitchcock and harveys case Hitchcock bring a action of trespass for  break of his close and spoil of his grass against Harvey and the case be that  a be seize of the land in which c and grant to the plaintiff adj of such a  mead call tentry mead post Leonard er p falcationem ind sure the eargrass and  it be find by verdict that eargrass be such grass which be upon the land after  the mow until the Feast of the annunciation after it be move if such a grantee  may have trespass quare enclosed space to break in pieces and it be the  opinion of the court that he can not but for spoil the grass he may Clench  justice Ifa man be outlaw in a action personal the queen have the profit of  the land and let we the same to another he shall have a action of trespass  quare enclosed space to break in pieces which shoot grant and afterward  because the jury have give damage entire as well for the break of the close as  for the spoil of the grass the plaintiff can not recover the damage cro  Leonard hill Elizabeth in the king bench
cclxxxii mich Elizabeth in the common plead demise a man seize of a barn in  which the tithe of certain land have use to be inn let the same by these word  demise and to farmlet the barn with all tithe belong to the same it be hold  that by that demise the tithe do not pass tithe which have usual be demise  with the barn pass by such word as by the Leonard er p demise of a house cum  omnibus terris eiden pertinent all the land pass which have use to be demise  with the say house for the demising usual of the tithe with the barn make the  tithe belong to the barn but not the inning Leonard mich Elizabeth in the  common plead
cclxxxii vavasors case the case be that Nicholas Ellis seize of the manor of  Woodhall lease the same to William vavasor and his wife for the life of the  wife the remainder to the right Leonard er p heir of the husband the husband  make a feoff in fee to the use of himself and his wife for their life the  remainder to his right heir the husband die the wife hold in and commit waste  in a park parcel of the manor it be move if the writ of waste shall suppose  that the wife hold in ex dimission Nichol Ellis or ex dimission man and the  opinion of all the justice be that the writ upon this matter ought to be  general videlicet that she hold in de heir I S heir c without say ex dimission  what well that for she be not in by the lessor nor by the feoff but b that the  statute of use and therefore the writ shall be ex heir c and also the opinion  of the justice be that the wife in this case be not remit but that she be in  accord to the form of the feoff dyer the formedon bring against manure  rehearse in the writ a will and diverse conveyance by reason of which the writ  be of exceed length and in such case the writ be good yet if the writ be  general it be sufficient note in this case that the plaintiff assign the waste  in destroy of deer in the park and mead sergeant say that waste can be assign  in the deer unless the defendant have destroy all the deer and of that opinion  be dyer manwood if the lessee of a pigeonhouse destroy all the old pigeon but  one or two couple the same be waste and if the keeper do destroy all the deer  so as the ground be become not parkable the same be waste although be have not  destroy Leonard the whole see r Fitzherbert be if there be a sufficient store  leave in a park pond c it be well enough c hill Elizabeth in the common plead
cclxxxiii char and tuck case in a ejection strong by Chard against tuck it wag  find by special verdict that a be seize of a message and of a curtilage and of  a garden to the same belong in fee and that the curtilage be on the backside  of the say house and the garden next beyond the say curtilage the garden be  divide from the curtilage by a wall and a door through the wall into the  garden from the say curtilage and no way to either of they but through the  house and it be further find that the say a by his will devise the say message  to b the question be if by that devise the curtilage and garden do pass vide  ind Br h feoff where a feoff be make of such a message cum appurtenance they  shall pass curtilage be a member at the least a appendix of a message and by  the clear opinion of the whole court in the case at bar it be resolve that by  this devise the curtilage and garden do pass and it be say by Wray chief  justice it matter not whether the curtilage and garden he before the house or  behind it for in both case they shall pass cro cro sheep touch bro title  judgement mich Elizabeth in the exchequer
cclxxxiii HALTONS case recognizance enrolment chancery attornment a  recognizance be acknowledge before I S who be one of the master of the  chancery and before the same be enrol the conusee die the point be whether at  the request of the executor of the conusee it may now be enrol it be the  opinion of all the justice that upon the request aforesaid it may be enrol  like as it be of a conusance of a fine take before a judge which may be remove  out of his hand by a certiorari although it be not a record before that it be  certify in the speak of that case it be make a question whether the court of  chancery may help a man who purchase land for valuable consideration where  there want the word heir in the deed of purchase or not but the point be not  resolve but in that case it be agree by all the justice that after a fine be  levy of land that the chancery may compel the tenant of the land to attorn and  so where a annuity or rend be grant to one for life or in fee and the deed be  execute seal and deliver but no seize be give to the party of the rend or  annuity the court of chancery may decree a seize of the rend to be give and  the rend to be pay to the grantee and that be say to have be often time decree  in the say court of chancery
cclxxxiii mutton case jane mutton bring a writ of entry sur seize against  whether mutton who plead that one John mutton be seize and levy a fine to the  use of himself and such wife and wife as the say John shall after marry by  what name or name they shall be call for term of their life and afterward to  the use of the same jane now demandant in tail the remainder over to the right  heir of the say John mutton and afterward the say John mutton take to wife the  now tenant upon which bar the demandant do demurrer in law and it be argue by  Jeofries sergeant that here the wife take nothing by this limitation because  she be not capable thereof at the time of the limitation but if the use have  be limit especial to John mutton until he take a wife and then unto the use of  he and his wife for their life the same have be a good use to the wife but in  our case the use be limit to the wife in present time and not upon a  contingent and because the wife at the time of the limitation be not capable  she shall never take after and yet it may be say that a joint estate may be in  be and yet to begin at several time as e a feoff be make to three and livery  be make to one of they and first one of they agree to the livery and a year  after another agree and afterward the three although they take nothing until  agreement yet when they have agree the agreement shall have relation to the  time of the livery but in truth the reason thereof be because the freehold  shall be adjudge in they all until they have disarm and if a seize be to the  use of a b and c and first a agree to it and afterward b and after c although  they take nothing until agreement yet when they have agree their agreement  shall have relation to the time of the first seize and if in such case the  seize have make a lease before agreement the party to who use after agree  shall avoid such lease Anders more     Len hill Elizabeth in the common plead
cclxxxiv mich Elizabeth in the common plead intrusion trespass note by  Anderson chief justice if one intrude upon the possession of the king and  another man enter upon he that be shall not have a action of trespass for that  entry for that he who be to have and maintain trespass ought to have a  possession but in such case he have not a possession for every intruder shall  answer to the king for his whole time and every intrusion suppose the  possession to be in the king which all the other justice agree except periam  who doubt of it and Rhodes justice say and vouch to be that he can in such  case say in a action of trespass quare enclosed space suum to break in pieces
cclxxxiv stamfords case the case be a take a wife and afterward marry  Elizabeth Stamford live his first wife and by deed give part of his good to  the say Elizabeth and as to the Leonard er p residue of his good be but of  small value he make the say Elizabeth his executrix and die she refuse the  executorship for which the ordinary commit Administration to b gawdy sergeant  ask the advice of the court against who the action of debt shall lie for if  the creditor implead the administrator he have not asset if the executrix her  self she will plead that she have renounce the executorship and that  Administration be commit to b and the opinion of dyer justice be that the gift  be void by the commonlaw and also by the statute of Elizabeth and then if the  gift be void any way the creditor may have a action of debt against the say  Elizabeth as executor of her own wrong and see that such a gift be void by the  commonlaw e and by manwood justice he who take the good of the dead shall not  be charge as executor of his own wrong Leonard unless he do something as  executor as to pay debt make acquittance c see e h dyer if one take the good  of the dead and convert they to his own use he be Chargeable as executor and  so it have be adjudge in the time of this queen in the case of one Stokes  which be affirm by Bendloes and Harper see now   part read case where no  lawful executor or administrator be there if a stranger take the good of the  dead into his possession the same be a good Administration to charge he as  executor of his own wrong
cclxxxix long and Hemmings case quare hinder in a quare hinder by long against  hem and the bishop of Gloucester of the church of Frombillet upon the plead  the issue be if though long father of the plaintiff do feoff the plaintiff of  the manor of from to which the advowson of the say church be appendant before  be grant the advowson to one Strengtham who grant it to the def or not and the  jury give a special verdict sure that the abbot of S be seize of a capital  message in Frombillet of one hundred Leonard acre of land there and that there  be a tenancy hold of the say capital message by such service and that the say  capital message have be know time out of mind by the name of the manor of  Frombillet and that the advowson be appendant to it and convey the say capital  message and advowson to the king by the dissolution and from the king to the  say Thomas long who so seize without any deed do feoff the plaintiff of the  say manor and make livery and seize upon the demesne and that the say Thomas  long by his deed make a grant of the say advowson to the say Strengham and  afterward the freeholder attorned to the plaintiff and by the clear opinion of  the whole court here be a sufficient manor to which a advowson may be well  appendant and that in law the advowson be appendant to all the manor but most  proper to the demesne out of which at the commencement it be derive and  therefore by the attornment afterward within construction of the law shall  have relation to the livery the advowson do pass include in the livery and the  grant of the advowson make mesne between the livery and the attornment be void  and afterward judgement be give and a writ to the bishop rant for the  plaintiff cro
cclxxxix tailor case outlawry how avoid by plea in person tailor be outlaw in  debt and a supersedeas of record be deliver to the sheriff before the award of  the exigent it be hold that the party shall avoid Leonard er p the same by  plea then it be move if the plea shall be plead by attorney or in person to  which it be say by manwood that where matter in fait be plead in avoidance of  a outlawry it ought to be plead in person but matter of record by attorney and  ford prothonotary say it be so agree in sir Thomas chamberlain case in  Elizabeth and so it be adjudge in this case
cclxxxv hill Elizabeth in the common plead the case be a man make a feoff in  fee to the use of himself for life and afterward to the use of his old son in  tail and after to the use of his right heir not have at the time of the feoff  any son afterward he suffer a common recovery have issue a son who die in the  life of his father have issue a son and afterward he himself die it be hold by  the justice in this case that the son and heir of the son shall not avoid this  recovery by the statute of h for there be not any remainder in he at the time  of the recovery have and the word of the say statute be that such recovery  shall be void against such person to who the reversion or remainder shall then  appertain I e at the time of such recovery and it be say by one of the  sergeant at bar that if land be give to e for life the remainder to b in tail  the remainder to c in fee b die his wife young with child with a son a  recovery be have against e with the issue of c and afterward the son be bear  he shall not be help by this statute of h for that remainder be not in be at  the time of the recovery but it be hold in the principal case that the heir  may avoid the say recovery by the commonlaw for the recompense can extend to  such a remainder which be not in be ante pasch Elizabeth in the common plead
cclxxxv Willoughbys case William Willoughby and two other be indict that where  the parson of the church of d and all his predecessor have use to have common  in such a place the say defendant Willoughby and other have enclose the same  and that enclosure be upon their own land it be move that upon this matter  they ought not to have be indict but the party grieve be put to his action as  where a presentment be make of a seize see ass and it be the case of one  Marden Elizabeth upon the stop of a highway upon his own land and if it be  upon other land it be not material for it be but a impeachment to take common  which can be way et arms c also this indictment be record and certify as find  before justice of assize and gaoldelivery and they can take such presentment  and although the justice of assize and gaoldelivery be in rei in point of fact  also justice of peace yet the indictment be record and certify to be take  before they in quality of justice of peace shall not help it for the court  shall not respect any authority but that which appear upon the record and for  these cause the party be discharge Len pasch Elizabeth in the king bench
cclxxxvi BARTASE and hind case note manwood chief baron give it for a general  rule for all counsellor at law that they do not advice any collector of  subsidy or fifteen to exhibit bill in the exchequer Chamber for the nonpayment  of subsidy c for such bill shall not be allow hereafter because they have  remedy by distress also it be hold that if any be assess for the fifteen which  he ought to pay or if two town be to pay together and the one town be tax more  than it ought to be or have be accustom those which be grieve by such sesment  may have a commission out of the exchequer which be call ad evenly taxand and  that be put in ure in a case between Bartase and hind where one of they be  lord of the town of little Marloe and the other of Hedford and it be also hold  that fifteen be to be levy of good and chattel proper and one township  sometime be rich than another and therefore it be I not reason that they pay  their fifteen always accord to the same proportion but by clark baron where  the custom have be that the fifteen shall be tax accord to the quantity of  acre there the rate and purport shall be always one whosoever hold the land  and as to the commission ad evenly taxand manwood and fanshaw Leonard say that  they can show above twenty precedent of it mich Elizabeth in the king bench
cclxxxvi gate and HOLLYWELLS case a man have issue two son devise that his old  son with his executor shall take the profit of the land until his young son  shall come to the age of year and then the young son shall have the land to he  and his heir of his body it be the clear opinion of all the justice that the  old son shall have a feesimple in the land until the young son come to the say  age of year Leonard er p mich Elizabeth in the common plead
cclxxxvii barnard and tussers case debt Barnard recover in a to know facias  upon a recognizance against tusser and afterward bring a action of debt upon  the same recovery and it be adjudge maintainable notwithstanding that it be  object that the judgement in such to know facias be not to recover debt but to  have execution of the judgement and by Wray chief justice if in a to know  facias to have execution of a annuity the plaintiff have judgement upon such  judgement he shall have a action of debt mich Elizabeth in the king bench
cclxxxvii cony and beveridge case in debt upon a obligation the case be that  the plaintiff lease to the defendant certain land in the county of Cambridge  render rend and afterward the defendant become bind to the plaintiff in a  obligation for the payment of the say rend upon which bind the plaintiff bring  a action of debt in the county of Northampton to which the defendant Leonard  plead payment of the rend without show the place of payment and upon that they  be at issue and it be find by nisi prius in the county of Northampton for the  plaintiff it be move in arrest of judgement that the issue be mistryed for  here the payment of the rend be plead without show the place of payment it  shall be intend that the rend be pay upon the land which be in the county of  Cambridge and there the issue ought to be try see e and it be the opinion of  Anderson chief justice that no judgement shall be give for the plaintiff for  the cause aforesaid but Rhodes and Windam justice be of a contrary opinion for  it do not appear that the issue be mistryed because that no place of payment  be plead and it may be for any thing that be show that the rend be not pay in  the county of Northampton Len mich Elizabeth in the common plead
cclxxxvii mill and snowball case privilege of exemption from jury livery of  seize a jury do surmise at the bar that he be a tenant in ancient demesne and  have his charter in his hand and pray to be exempt from the jury and discharge  but the court do not regard it but cause he to be swear and Windham say that  he may have his remedy against the sheriff and Nelson prothonotary say if he  have make default and lose issue he may show his charter in the exchequer upon  the amercement estreated and there he shall be discharge in that case it be  hold by the court that if a feoff be make of a house and the deed be deliver  in the house without other circumstance the same do not amount to a livery of  seize but if he do any act by which the intent of the feoff appear that the  feoff shall have livery and seize as if the party go of purpose to the place  intend to pass to the intent that the deed may be deliver in that kind the  same do amount to a livery by Anderson and the whole court cro mich Elizabeth  in common banc
cclxxxviii BRADSTOCKS case estate condition Robert Bradstock seize in fee of  certain land make a feoff in fee to the use of himself in tail and for want of  such issue to the use of John Bradstock his brother in tail and for want of  such issue to the use of Henry Bradstock another brother in tail provide  always that if the say John or Henry do go about to avoid any estate or demise  by copy make or to be make of the premise or any part thereof that then his  estate shall cease Robert die without issue John enter and levy fine sur  conusans de law come Ceo c of the land and the opinion of the whole court be  that this fine be not any offence against the say proviso for these word make  or to be make do not extend to estate make or limit by the say feoff but only  to estate before make and to be make afterward Leonard er p mich Elizabeth in  common banc
cclxxxviii the blacksmith case a blacksmith of south Minnes in the county of  Middlesex take a obligation of another blacksmith of the same town upon  condition that he shall not exercise the trade or art of a blacksmith within  the same town nor within a certain precinct of the same and upon that  obligation the obligee bring a action of debt in the common plea depend which  suit the obligor complain to the justice of peace of the county against the  obligee upon which the matter be find against he by examination the justice  commit the obligee to prison and now upon the whole matter puckering sergeant  pray a habeas corpus for the say obligee to the sheriff of Middlesex and have  it and Fleetwood recorder of London be at the bar the court open admonish he  of that matter for by the law justice of peace have not conusans of such  offence nor can intermeddle with they for their power be limit by the  commission and the statute and the recorder rely much upon the opinion of hull  in h but it be say by the court although that this court be a high court to  punish such offence appear before they of record yet it do not follow that the  justice of peace may also do so but as to the obligation it self the court be  clear of opinion that the same be void and against the law Leonard mich  Elizabeth in the common plead
cclxxxviii the earl OF arundel and BRADSTOCKS case the case be the earl of  Arundel let land to Bradstock for year upon condition that the lessee shall  not do any act by which his good and chattel may be forfeit Bradstock commit  felony and before any attainder he obtain his charter of pardon it be hold in  this case that the earl may lawful enter but if the word of the condition have  be whereby the good ought to be forfeit then it have be otherwise for before  attainder they ought not to be forfeit mich Elizabeth in the king bench
ccv gerrards case Gerrard master of the roll present Chatterton bishop of  Chester to the church of Bangor to which church one chamber also present his  clerk by which several presentment the say church become litigious the  archbishop of York be loci that of order award a jure patronatus c depend  which the archbishop admit the say bishop whereupon chamber libel in the  spiritual court against the say bishop because the say archbishop speech  bishop plus level ground favor to send to dictum bishop pendent the jure  patronatus in which case by the law of the church the admittance be void for  light pendent nothing to move and now come the say bishop and pray upon that  matter a prohibition which be grant because that the right of the patronage  come in debate after which come the say chamber and pray a consultation  because be do not meddle with the right of the patronage but only with the  tortuous admittance to which it be say by the court that the award of the jure  patronatus be not a thing of necessity but at the will of the ordinary and so  for his better instruction but if be will at his peril take notice of the  right of the patronage be may admit which of they he will without a jure  patronatus award and it may be in this case that after the jure patronatus  award and before any verdict give upon it the archbishop be satisfy of the  right of the now plaintiff in the prohibition to the patronage and thereupon  admit the clerk c and if he be deceive to subject himself unto a quare hinder  whereof he have discharge himself if he have attend the verdict in the jure  patronatus and by the clear opinion of the court the consultation be deny Len  mich Elizabeth in the common plead
ccv temps roign Elizabeth a lease be make of certain land for year proviso  that the lessee shall not put his cattle upon the land from Michaelmas to  saint Andrews tide the question be if this proviso and restraint shall reach  for the whole term or but to the first year dyer condition be to draw tight  law and ought not to have liberal construction therefore he conceive that the  condition shall be restrain to the first year and shall not further extend  manwood if I be bind that I will not go to London between easter and  Michaelmas it shall not extend only to the first year after the date of the  obligation but for my whole life Leonard hill Elizabeth in the common plead
ccvi barker and tailor case the case be that a woman tenant in tail within the  statute of h accept of a fine sur conusans de law come Ceo c and by the same  fine render back the land to the conusor for year it be move if this  conveyance and disposition be within the penalty of the say statute for the  statute speak of discontinuances c and it be the clear opinion of the whole  court that it be within the statute for by such practice the meaning of the  statute may be defeat and if such a render for year shall be good by the same  reason it may be for year which be like mischievous and as dangerous unto he  in the reddition as a discontinuance and by Rhodes justice it have be adjudge  that if a woman who have title of dower before that she be endow will enter  and levy a fine that the same be within the say statute and yet she be not  tenant in dower see dyer man Penycocks case and see now Elizabeth sir George  Browns case adjudge accord co Leonard trin Elizabeth in the common plead
ccvi beadle case the case be that a lease to b certain land for per annum and  a stranger covenant with a that b shall pay he for the farm and occupation of  the say land a bring a action of covenant the defendant plead that before the  day of payment the plaintiff put the say b out of his farm it be move by  Godfrey that the same be no plea for this be a collateral sum and not for rend  issue out of the land also the defendant be a stranger to the contract for the  farm but the opinion of the whole court be clear to the contrary for the  defendant have covenant that the lessee shall pay for the say farm and  occupation so as it be Leonard er p as a conditional covenant and here be quid  pro quo and here the consideration upon which the covenant be conceive sure  the farm and the occupation of it be take away by the act of the plaintiff  himself and therefore the plea be good and the action will not lie Len pasch  Elizabeth in the common plead
ccvi doughty and Prideaux case action upon the case by doughty against  Prideaux upon these word thou art a wicked and perjure fellow and art forswear  in the court of starchamber as it appear by a exemplification here under the  seal of that court the defendant justify by reason of a bill exhibit in the  say court by one brook against the now plaintiff for conspire with another to  indite the say brook of certain felony and the defendant now plaintiff in his  answer to his say bill deny upon oath the say conspiracy and sentence be give  in the say court against the now plaintiff where in fact such conspiracy be  the plaintiff by replication say that the say brook be arraign and indict upon  the say indictment and pray his clergy whereupon it appear that the say brook  be not fixed by law modus lie with and the same can be no conspiracy in the  now plaintiff to prove the say brook to be indict and by Walmsley and periam  the replication be not good for it may be that brook be acquit and yet that  the plaintiff conspire upon which a writ of conspiracy perhaps will not lie  but a action upon the case without doubt for the replication do not prove that  the plaintiff do not conspire but that the plaintiff be not punishable for  such conspiracy Leon
ccvi KINNERSLY and smart case debt upon a usurious contract in debt upon a  bind the plaintiff declare that the bind be make in London the defendant plead  that a usurious con Leonard tract be make betwixt the party at d in  Staffordshire that the obligation be make for the same contract the plaintiff  by replication say that the bind be make good fide non pro interest and that  issue be try in the county of Stafford and be find for the plaintiff and it be  move in arrest of judgement that that issue ought to be try in London where  the contract be make gawdy conceive that the trial be well as e in debt upon a  obligation in London the defendant plead that the obligation be make by duress  at York the same issue shall be try at York at another day the case be put  more certain sure that the contract be make at W in Staffordshire by which it  be agree that for a horse and two tun of iron the plaintiff shall have for  they and the forbear of the money for such a small time fifty pound whereas in  truth they be but of the value of forty pound and that the say bind be make  for the payment of the say fifty pound cook the issue be well try for the  ground of the matter be the usurious contract and those of Staffordshire may  better know it than they of London and accord to this trial it have be before  adjudge h Elizabeth rot betwixt Sibthorpe and turner and p Elizabeth rot  betwixt pain and Wilkenson where the issue be without hoc that it be a corrupt  agreement but the plead be at above and afterward judgement be give for the  plaintiff cro trin Elizabeth in the king bench
ccvii pasc Elizabeth in the common plead a abbot make a lease to three man for  eighty year and in the end of the say lease there be a clause proviso that if  they die within the say term that then the lessor may enter the possession of  the abbey come to the king who grant the reversion to I S who make a new lease  to I d for twenty and one year to begin after the expiration determination or  surrender of the former lease the three lessee die within the term if I d may  enter before I S have enter be the question it be the opinion of the justice  that he can not for it be in the election of I S if be will take advantage of  the condition and defeat the lease but that ought to be by entry and none can  make such entry but the lessor himself or by his express direction Leonard  trin Elizabeth in the king bench
ccvii the archbishop OF york and Morton case the archbishop of York recover in  a assize of novel seize against one Morton before the justice of assize upon  which judgement Morton bring a writ of error returnable before the justice of  the common plea and after many motion at the bar it be adjudge that a writ of  error upon such judgement do not lie in the say court which see Elizabeth dyer  see also n b e that upon erroneous judgement give in the king bench in Ireland  error shall be in the king bench in England e error and Fenner who be of  counsel with the archbishop demand of the court how and in what manner the  record shall be send back to the justice of assize so as the say archbishop  may have execution to which the court answer that the sure way be to have a  certiorari out of the chancery into the common plea direct to the judge there  and then out of the chancery by a mittimus to the justice of assize but Fenner  make a doubt to take such course for such remand then Anderson chief justice  say sue execution out of the say record for in as much as the record come  before we by writ of error it shall also be remove and send back by writ and  so it be do Len Leonard hill Elizabeth in the king bench
ccviii barlow and PIERSONS case Barlow bring a plaint of debt in London  against Edward Pierson which be his very name and he cause himself to be  remove into the king bench by the name of Edmund Pierson and in easter last he  put in bail Edmund Pierson and we declare against he by the name of Edward his  true name and judgement be give for we and now when we be to resort to the  bail we can find any such person Leonard er p wherefore all our labour be lose  and now we will declare de to make new upon that bail and we pray that the  court will give way to answer Kemp the ancient use be when any remove himself  hither by habeas corpus the plaintiff may declare against he at any time  within a year after but of late time the justice to avoid overlong delay have  take this order that the plaintiff in such case declare within two term and  this be the second term in your case wherefore you may declare and it be say  that because that the defendant have remove himself by the name of Edmund he  be estopped to say the contrary but if it be upon a original writ here it be  otherwise and afterward the plaintiff declare against he by the name of Edmund  mich Elizabeth in the common plead
ccviii chapman and HURSTS case tithe betwixt chapman and burst the defendant  do libel in the spiritual court for tithe against the plaintiff who come and  surmise that whereas he hold certain land b the lease of sir Ralph sadler for  term of year within such a pariah that the now defendant be farmor of the  rectory there the defendant in consideration that the plaintiff promise and  agree to pay to the defendant To give back per annum during the term for his  tithe he promise that the plaintiff shall hold his say land without tithe and  without any suit for the same and thereupon pray a prohibition and by gawdy  the same be a good discharge of the tithe for the time and a good composition  to have a prohibition upon and it be not like unto a covenant see e by Danby  trin Elizabeth in the common plead
ccviii GITTINSON and Tyrrels case Gittinson bring a action of debt against  Terrel warden of the fleet by a bill of privilege but he will not appear and  the court be in great doubt what remedy the plaintiff have to compel the  defendant to appear for he can be forejudged the court because be have a  estate of inheritance in the say office and afterward it be surmise to the  court that the say Terrel have make a lease of his say office to another for  three year and then the court be clear of opinion that the say Terrel shall  not have the privilege for now during the lease he be not officer but the  lessee trin Elizabeth in the common plead
ccviii the queen and hurleston case the queen bring a to know facias against  hurleston to repeal a patent make to he of the constableship of Chester and  judgement be give for the queen and now hurleston bring a writ of error  against the queen in the king bench and it be move by gawdy sergeant that the  writ do not lie for the manner for that he ought first to have sue to the  queen by petition see e e Fitzherbert error if the king recover by a erroneous  judgement a writ of error can be grant upon such a recovery without  agreeableness king not general and he say that in Chester they have court of  common plea king bench exchequer and chancery and that if judgement erroneous  be give in the chancery at Westminster it can be reverse but by parliament and  so it be of a erroneous judgement give in the chancery at Chester also he say  they have a custom in London that within one mouth they may reverse their own  judgement see Elizabeth dyer erroneous judgement give in the port can be  reverse in the king bench but it be reversable in the court of the guardian of  the port Clench here both the party claim by the queen therefore there need  petition for to be strong quantum to be strong to be able it be no prejudice  to the queen cook there needs no petition here for the attorneygeneral have  subscribe our writ of error Egerton solicitor general it be the case of  Elizabeth mordant who be to reverse a fine levy during her nonage and the  proceed be stay because she have not sue to the queen by petition see the case  of e the case of William de Ingularby who sue to reverse a judgement give  against he in a writ of conspiracy in the eire of Derby and there it be say by  Thorp justice that he must first sue to the king by petition Wray a outlawry  may be reverse b bring a writ of error without sue petition to the king Len  Leonard er p hill Elizabeth in the common plead
ccx trin Elizabeth in the common plead note it be say that the division of a  great meadow into many parcel by make of ditch be not waste for the meadow may  be the better for it and it be for the profit and ease of the occupier of it  and by Windham and Rhodes justice if a termor convert a meadow into a  hopgarden the same be not waste for it be employ to a great profit and it may  be a meadow again periam justice although it be a great profit yet it be also  with great labour and charge and the conversion of a meadow into a orchard be  waste although it may be to the great profit of the occupier hob
ccx young and ASHBURNSHAMS case in a action of debt bring by the administrator  of young against Ashburnham the defendant plead nothing debet and the inquest  be take by default and upon the evidence give for the plaintiff the case  appear to be this that the say young be a innholder in a great town in the  county of Sussex where the session use to be hold and that the defendant be a  gentleman of quality in the country there and he in go to the session use to  lodge in the house of the say young and there take his lodging and his diet  for himself his servant and horse upon which the debt in demand grow but the  say young be not at any price in certain with the defendant nor be there ever  any agreement make betwixt they for the same it be say by Anderson chief  justice that upon that matter a action of debt do not lie and therefore  afterward the jury give a verdict for the defendant Leonard hill Elizabeth in  the common plead
ccxc BROCASS case Brocas lord of a manor covenant with his copyholder to  assure to he and his heir the freehold and inheritance of his copyhold and the  say copyholder in consideration of the same perform d covenant to pay such a  sum it be the opinion of the whole court that the say copyholder be no tie to  pay the say sum before the assurance make and the covenant perform but if the  word have be in consideration of the say covenant to be perform then he be  bind to pay the money present and to have his remedy over by covenant roll  trin Elizabeth in the king bench
ccxc mich Elizabeth in common banc debt a make a bill of debt to b for the  payment of twenty pound at four day sure five pound at every of the say four  day and in the end of the deed covenant and grant with b his executor and  administrator that if he make default in the payment of any of the say payment  that then be will pay the residue that then shall be unpay and afterward a  fail in the first payment and before the second day b bring a action of debt  for the whole twenty pound it be move by puckering sergeant that the action of  debt do not lie before the last day encurred and also if b will sue a before  the last day that it ought to be by way of covenant not by debt but by the  whole court the action do well lie for the manner for if one covenant to pay I  one hundred pound at such a day a action of debt lie a strong when the word of  the deed be covenant and grant for the word covenant sometime sound in  covenant sometime in contract secundum lying near means sty cro Owen roll mich  Elizabeth in common banc
ccxci Ireland and higgins case in a action upon the case the plaintiff declare  that he be possess of a greyhound ut de good nest not common with others and  that such a day he lose it and that it come to the hand of the defendant by  trover and that the defendant afterward in consideration thereof promise the  plaintiff to deliver the say greyhound to the plaintiff and show his request  lie the action do not lie for of those thing which be ferae nature the  plaintiff have not any property but ration fundi as of deer c and in trespass  for they he can say swine but only quare enclosed space to break in pieces  hare to take in hand without say swine and to that purpose be cite h e h h  Elizabeth dyer sir John Spencer case and it be hold that the action do not lie  and if not for a hawk much less for a bind Owen Rep mich Elizabeth in the  starchamber
ccxci lancasters case a information be against Lancaster for buy of pretend  right and title upon the statute of h and upon not guilty plead it be find for  the plaintiff it be move in arrest of judgement because the informer have not  pursue the statute in this that it be not set forth that the defendant nor any  of his ancestor or any by who he claim have take the profit c and the same be  hold a Leonard er p good and material exception by the court although it be  lie in the information that the plaint himself have be in possession of the  land by twenty year before the buy of the pretend title for that be but matter  of argument not any express allegation for in all penal stat the plaintiff  ought to pursue the very word of the stat and therefore by Anderson it have be  adjudge by the judge of both bench that if a information be exhibit upon the  stat of usury by which the defendant be charge for the take of twenty pound  for the loan and forbear of one hundred pound for a year there the information  be not good if it be not allege Leonard in it that the say twenty pound be  receive by any corrupt or deceitful way or mean and in the principal case for  the cause aforesaid judgement be arrest roll title covenant pl mich Elizabeth  in the common bench
ccxci mich Elizabeth in the king bench Joyntenants grant a b c three  joyntenants give their land to d in tail the remainder to a in tail it be the  opinion of mead that the remainder be void manwood and Harper a and b  joyntenants a make a lease for life of his moiety to c and grant the reversion  to b the same be good quod curian to go away a and b joyntenants of a term a  grant his moiety to his companion the same be good without question if it be  by deed but if it be by word quaere hill Elizabeth
ccxcii bagshaw and the earl OF SHREWSBURIES case annuity bagshaw bring a writ  of annuity against the earl of Shrewsbury for the arrearage of a annuity of  twenty mark per annum grant by the defendant to the plaintiff pro council  expense impendend the defendant plead that before any arrearage incur he  require the plaintiff to do he service and he refuse the plaintiff by  replication say that before the refusal such a day and place the defendant  discharge the plaintiff of his service c and the opinion of the court be that  the plea in bar be not good for he ought to have show for what manner of  service to do the plaintiff be so retain and for what kind of service the  annuity be grant and then to have show special what service he require of the  plaintiff and what service the plaintiff refuse another matter be move if the  discharge shall be peremptory and a absolute discharge of the service of the  plaintiff and of his attendance so that as afterward the defendant can require  service of the plaintiff and by walmesly justice it be a peremptory discharge  of the service for otherwise how can he be retain with another master and so  he shall be out of every service Windham contrary for here the plaintiff have  a annuity for his life and therefore it be reason that be continue his service  for his life as long as the annuity do continue if he require but where one be  retain but for one or two year then once discharge be peremptory and absolute  mich Elizabeth in the common bench
ccxcii hill case hill Elizabeth rot Giles hill seize of a close of pasture  call Pitmonde and of broom acre two other close in his demesne as of fee and  so seize the say Giles and Agatha his wife and Robert their son and b his wife  by indenture lease the same broom acre and the say other two close to W  Hutchin and b and his wife for year si quis the dawn tam day to live reddendo  ind annuatin prediction egidio of or belonging to a wife he heir Self egidii  videlicet pro broom acre S d pro One lock S pro alteran S ad quatuor striving  boundary with clause of reentry if any part or parcel of the say rend he  behind c Giles and Agatha die the son sell the reversion of broom acre fever  Elizabeth by deed indent render rend to smith and heal the rend of broom acre  be behind smith and heal enter and lease the same to Reynolds for three year  who be eject bring ejection firmm and judgement be give for he for that they  be several reservation and several condition and a difference be take between  this and winter case for in winter case Leonard the rend reserve original be  entire but in this case the rend be original several and also in winter case  the condition be that if any part of the rend he behind that the lessor shall  reenter into the whole note that the rend reserve for broom acre be S d and  the condition be si to touch predict reedit you ascun parcel de Ceo to he  behind in part or in all by one month after any feast c in quo to loosen to  withhold quod tunc bene to be for sale say beforehand advance egidio c in in  all respects one to send forward superius specificat reentrare et nomin that  pro denarius pro broom acre pro to make one quarterio striving aretro existent  the vendees of the reversion do enter Leonard er p
ccxcii OGNELL and TRUSSELLS case a bill be exhibit in the starchamber by  Ognell of London against one Trussell of Warwickshire set forth such matter  that whereas the say Trussell Leonard er p have for good consideration sell  and assure unto the say Ognell a manor now to gratify a great person who  earnest desire the say manor he for effect thereof practice by fraudulent mean  to avoid the say assurance and practice by other person to be indict of a  Leonard robbery suppose to be commit before the say assurance and compound  with the lord of the fee that if he be attaint I so that by such attainder the  say manor shall escheat to the say lord that he upon request shall reassure to  the say Trussell the say manor in fee after pardon obtain which be promise to  he by the say great parsonage upon which indictment Trussell be arraign and  convict upon evidence which he himself procure to be false give against he and  all that be to extort the land which be lawful sell before and upon the bill  Trussell demurrer in law because he be a person attaint of felony and so dead  in law and therefore shall not be put to answer Hatton Lord chancellor it be  not reason that he be put to answer for no one holding he himself to put forth  and thereupon the bill be refer to Anderson and periam justice to consider if  the defendant shall be put to answer or not who certify unto the court that  although the defendant be attaint ut above and so in modus dead in law to all  intent yet in criminal cause he shall answer wherefore it be order that be  answer accord mich Elizabeth in the common plead
ccxciii cardinal and arnold case cardinal bring a action upon the case against  Arnold and declare that the dean and chapter church cathedralis Cantuar per  nomen decani little head church cathedral metropolitan Christian Cantuar lease  unto seckford for year the manor of Hadley by force of which he be possess and  so possess grant to the plaintiff the office of stewardship of the say manor  and the defendant disturb he the defendant plead a lease absq hoc that the say  seckford grant and it be find for the plaintiff and it be move in arrest of  judgement that that lease be make in the manner aforesaid be void for the  declaration be that the dean and chapter church cathedralis Cantuar where the  lease be make by the name ut above here be two several name therefore two  several corporation therefore dean little head church cathedralis  cantuariensis do not lease but dean little head Ecclesia cathedralis  Metrapolitan Christ do lease Leonard pasch Elizabeth in the king bench
ccxciii mich Elizabeth in the common plead lease note by dyer and manwood  justice a leas to b for year the remainder to the right heir of the say b and  make livery accord that the say remainder be void because that there be not  any person in be who can take present by the livery and every livery ought to  have its operation present but where a lease be make to b for life the  remainder to his right heir that he have a fee execute and it shall not be in  abeyance and judgement be give accord
ccxciv anderson and haywards case a copyholder of inheritance of a manor in  the hand of the king be oust it be hold in such case that he have not gain any  estate so as he may make a lease for year upon which his lessee may maintain a  ejection strong but he have but a possession against all stranger and also in  that case it be hold that if a copyholder die his heir within age he be not  bind to come at any court during his nonage to pray admittance or to tender  his fine also that if the death of his ancestor be not present nor  proclamation make he be not at any mischief although he be of full age pasch  Elizabeth in the exchequer chamber
ccxciv greenwood and WELDENS case replevin in a replevin between greenwood and  Welden the defendant make conusans as bailiff to John Cornwallis show how that  seven acre of land call peel be locus in quo and at the time of the take be  hold of the say Cornwallis by certain rend and other service and for rend  arrear he make conusans as bailiff to Cornwallis the plaintiff plead out of  the fee of Cornwallis upon which they be at issue and it be find that the  plaintiff be seize of seven acre call peel hold of Cornwallis ut above but the  jury say that locus in quo do contain two acre which be call peel and these  two acre be and then be hold of agmondesham of the middletemple and if upon  the whole matter to see curiae c and by the opinion of the whole court out of  his fee upon that matter be not find for although it be find that the two acre  be hold of agmondesham yet it may be that t they be within the fee of  Cornwallis for it may be that Cornwallis be Lord paramount and agmondesham  mesne and then within the fee of Cornwallis and therefore for the incertainty  of the verdict a venire facias de to make new be award Leonard er p mich  Elizabeth in the common bench
ccxciv hill Elizabeth in the common plead the case be a man make a lease of a  garden contain three good of land the lessee be oust and he bring ejection  firmm and declare that he be eject of three good of land and by Rhodes  sergeant the declaration shall not be intend that the plaintiff be eject out  of the garden of which the lease be make which dyer grant for gardinum be a  thing which ought to be demand by the same name in all praecipes and this  action of ejection of Firmum be high than a action of trespass and the  plaintiff if be recover shall be put into possession by it mead and Windham  hold the contrary and they agree that in all real action a garden shall be  demand by the name of gardinum but this action of ejection of Firmum be in the  nature of trespass and it be in the election of the party to declare as he do  or for to declare of the ejectment of a garden for a garden may at one time be  use for a garden and at anon her time for ploughland but they conceive the  better course to be and the better order of plead to have be if the plaintiff  have declare that he be eject of a garden contain three good of land as in the  lease it be specify vide e assize of a garden vide cook part Savells case  ejection strong of a close peremptory or urgent call leedes contain three good  a rule that such action lie not of a close although it have a certain name but  it Leonard ought to be of so many acre and of what nature every acre be
ccxcix gore and Wingfield case in debt upon a obligation the obligation be  write in this form know all by these present that h Wingfield be bind to  William gore c in the sum of c for the payment of which sum I give full power  and authority to the say gore to levy the say sum upon the profit of the  bailiwick of Swinstead from year to year until the same be pay to which the  defendant plead that the plaintiff have levy parcel of the say sum c and do  not show how and therefore the plead be find vicious and it be clear agree by  the whole court in this case that the plaintiff at his liberty may bring his  action upon the say obligation or levy the say money accord to the clause  aforesaid Len hill Elizabeth in the common plead
ccxcix the dean and chapter OF Christ church and PAROTTS case grant of the  king note in the common plea in a case between the dean and chapter of Christ  church in Oxford and Parott it be hold by the justice that if the king grant  land unto a corporation by another name than that which they be name before  yet the land shall pass and the letter patent shall be to they as a new  incorporation c mich Elizabeth in the common plead
ccxcv bishop and HARECOURTS case assumpsit in a action upon the case the  plaintiff declare that the June Elizabeth the defend in consideration that the  plaintiff the same day and year sell and deliver to the defend a horse do  promise to pay the Leonard plaintiff a hundred pound in Trinity term then next  ensue and show that the term begin June after and upon non assumpsit plead it  be find for the plaintiff and it be move in arrest of judgement that it appear  upon the declaration that the plaintiff have not cause of action for the  Trinity term intend be not yet come for the day of the assumpsit be the five  of June and the four day be the first day of the say term sure the day of  essoins and the seven day die post and then the promise be make at the day  aforesaid after the commencement of the say term the same be not the term  intend but the plaintiff must expect the performance of the promise until a  year after and of that opinion be Anderson but the three other justice be  strong against he to the contrary for by common intendment among the people  the term shall not begin until die post and so it be set down usual in the  almanac and afterward judgement be give for the plaintiff cro
ccxcv BRIGHTMANS case upon a writ of error bring upon a judgement give in the  king bench the matter be a lease for year to b two acre of land render rend  with Leonard er p condition of reentry who lease one of the say acre to c for  year and afterward grant the reversion of the say term in the say acre to a it  be hold by the justice that the same be no present suspension of the say  condition because there be not any possession hill Elizabeth in the common  plead
ccxcv mich Elizabeth in the common plead a action of debt be bring by a  administrator who declare that the Administration be commit unto he by the  archbishop of Canterbury it be hold that in such case he need not to declare  ration prerogative of oneself or that the intestate have good notabilia in  diverse diocese for if the intestate have not good in diverse diocese the same  shall come and be show on the other side and then the plaintiff shall show the  same in certain and to that purpose diverse precedent be show to the court by  Sandbege and best principal clerk of the court and the same be also affirm by  the Prothonotaries of the court of common plea
ccxcvi FITZHUGHS case in dower against Fitzhugh who plead in bar a fine with  proclamation and year pass after the death of the husband of who seize she  demand dower to which the demandant say that within the year after the death  of her husband she bring a writ of dower against the now tenant and deliver  the same to the sheriff c but do not show that the writ be return upon which  the tenant do demurrer in law it be hold by periam justice that the fine be  not avoid by such manner of claim for the word of the statute be so that they  pursue their claim or title by way of action or lawful entry within the five  year but here the demandant have not pursue c therefore she shall not be  retain by the say statute Leonard mich Elizabeth in the common plead
ccxcvi mich Elizabeth in the king bench in a action upon the case the  plaintiff declare upon trover and conversion to his use it be plead by Plowden  that the defendant before the action bring have lawful sell the good whereof c  and he demand judgement of the action as if one have good by trover and bail  they over before any action bring against he detinue do not lie against he  which Wray chief justice to go away as to the detinue but where such a person  who have good by trover bail they a certain pardon such a action will lie  against he Leonard er p
ccxcvii mich Elizabeth in the common plead return of the sheriff in a writ of  dower the demandant recover by default and the sheriff take a inquest de duty  by which it be find that the husband do not die seize prout the dawn to agree  to be able and that inquisition be return by the sheriff and file it be move  by mead that the office and inquisition be not good for the office ought to  have express find that the husband die seize or not and not ambiguous as it do  here prout the dawn to agree to be able and therefore by the award of the  court the return be take off the file because it be insufficient and a writ de  to make new award
ccxcvii mounson and west case in the case of mounson and west which see in  Leon I part where the case be in trespass the party be at issue and at the  return of the pannel the defendant challenge the array because it be make by b  a who take to wife the cousin germane of the plaintiff et ex she have issue  live the mother be dead upon which it be demurrer in law now this term come  the plaintiff and offer to relinquish his demurrer and confess the cozenage  and pray a writ to the coroner it be the opinion of the court that he may so  well do by the law because the demurrer be not make up which matter the  prothonotories excuse because the demurrer be not subscribe with a sergeant  hand to which it be say by the court that a demurrer upon a challenge be not  like to a demurrer upon a plea for in case of a demurrer upon a challenge as  soon as the demurrer be agree upon at the bar it be good enough without other  circumstance and the prothonotories of right ought to enter such demurrer Len  trin Elizabeth in the king bench
ccxcviii Fetherstone and hutchin case in a action upon the case upon assumpsit  the plaintiff declare that whereas one hill have recover in a action of debt  against I S upon which a capias be award against the say I S by force of which  the plaintiff arrest he and so be under his arrest the defendant in  consideration that the plaintiff will suffer the say I S to go at large  daughter of the Sun to carry on business svan and to go to his own house and  also in consideration of d pay foe the defendant he promise to pay to the  plaintiff the say it be hold by the court that the same be a void promise  within the statute of h for the consideration to let the prisoner go at large  be not lawful and if part of the consideration be nought so be the whole and  adjudge accord Leonard er p Leonard hill Elizabeth in the common plead
ccxi HEIDON and IBGRAVES case a writ of right be bring by Heidon against  Itgrave and he demand the three part of acre of land in the county of Hertford  and they be at issue upon the mere right upon which the grand assize appear  and first the knight be special swear to say upon their oath whether the  tenant have better right to hold the land than the demandant to demand it and  afterward the rest of the juror Leonard er p be swear general as in other  action and there be some doubt make whether the demandant or the tenant shall  first begin to give evidence and at the last it be rule by the court that the  tenant shall begin because he be in the affirmative and it be say by periam  justice that so it be late adjudge in the case betwixt Noell and Watts and  upon the evidence the case be that king Henry the that by his letter patent  give to the demandant the manor of newhall and all the land in the tenure and  occupation of John Whitton before demise to Johnson and in the parish of  Watford and the truth be that the say acre whereof now the three part be in  demand be in the occupation of the say John Whitton but be never demise to  Johnson nor in the parish of Watford and by the clear opinion of the court the  say acre do not pass for the circumstance of the deed be not true sure the  demise to Johnson and the be in the parish of Watford but both be false but if  the say land have have a especial name in the letter patent then it have be  well enough notwithstanding the misprision in the rest and by Anderson if upon  the particular it have appear that the demandant have pay his money for the  say acre peradventure they have pass I and hill Elizabeth in the common plead
ccxi mich Elizabeth in the common plead in a replevin the defendant avow for  damage pheasant and upon issue join it be find for the avowant and damage  assess and now issue a retorno to have upon which the sheriff do return averia  withdraw whereupon a withernam be award and now come the plaintiff and tender  in court the damage assess by the jury and pray stay of the withernam and  throw the money into court but the whole court be clear against it for in this  case the plaintiff ought to pay a fine because he have essoigned the cattle  which be a contempt wherefore the court assess a fine of three shilling four  penny upon the plaintiff and then the plaintiff have his prayer pasch  Elizabeth in the common plead
ccxii brazier case note it be agree by all the justice and affirm by the  prothonotories that if the disponee levie a fine and the disseizee in  preservation of his right against the say fine enter his claim in the record  at the foot of the say fine that the same be not any claim to avoid the say  fine upon the statute of h pasc Elizabeth
ccxii the dean OF Gloucester case the dean and chapter of Gloucester bring a  writ of partition against the bishop of Gloucester upon the statute of h of  partition and it be move that upon the word of the statute that the action do  not lie in this case for the statute do not extend but to estate in  jointtenancy or in common of land whereof such jointtenants or tenant in  common be seize in their own right and also it be further say that every such  jointtenant or tenant in common and their heir shall have aid to deraign the  warranty without speak of the word successor and by periam and Windham justice  the writ Leonard do not lie but Anderson seem to be of a contrary opinion hill  Elizabeth in the common plead
ccxii the scholar OF Allsouls in oxford and TAMWORTHS case Writ of right in a  writ of right by the college of Allsouls in Oxford against Tamworth the writ  be quod proclaim rashly de we in book puran et perpetuan alms and exception be  take to it because it ought to be in liberan alms sans puran perpetual also it  ought to be alms with a double e and not alms with a single e but the  exception be not allow for as to the first exception it be but surplusage and  as to the other it be common course another exception be take to the writ  because the word be quod proclaim be law heir svan without say in jure college  Anderson the writ be good enough if a parson plead that he be seize he shall  say in jure college for he have two capacity and without such word here shall  be intend seize in his own right but if a abbot plead that he be seize there  needs not such word for he have no other capacity so of dean and chapter mayor  and commonalty and afterward the writ be award good and that the tenant shall  answer over c see book entry it be also move if the college shall count of its  seize within year because that the corporation never die and then if he count  of its own possession the same be without limitation and it be hold that if  the guardian of the college which now be be ever seize he ought to count upon  a seize within thirty year but upon the seize of his predecessor he ought to  count of a seize within year as another common person for the change of the  testae of such a seize be as the dry seize and descent of a common person cro  Leonard trin Elizabeth in common banc
ccxiii hare and mellers case Hugh hare of the innertemple bring a action upon  the case against Philip meller and declare that the say defendant have exhibit  to the queen a scandalous billagainst the plaintiff charge the say Hugh to  have recover against the say defendant l by forgery perjury and forswear and  cozenage and also that he have publish the matter of the say bill at  Westminster c it be say by the court that the exhibit of the bill to the queen  be not in it self any cause of action for the queen be the head and fountain  of justice and therefore it be lawful for all her subject to resort to her to  make their complaint but if a subject after the bill once exhibit will divulge  the matter comprise in it to the disgrace and discredit of the person intend  the same be a good cause of action and so be the case of sir John Conway who  upon such matter do recover and as to the word themselves it seem to the court  that they be not actionable for it be not express show that the plaintiff have  use perjury forgery c and it may be that the attorney or solicitor in the  cause have use such indirect mean the plaintiff not know it and in such case  the plaintiff have recover by forgery c and yet without reproach and by  perjury be can not recover for he can not be swear in his own cause and  stanhopes case be remember by the court which be that Edward Stanhop of  GraysInn bring a action upon the case against one who have report that the say  Edward Stanhop have gain his live by swear and forswear and by the opinion of  the court the action do not lie for those word do not set forth any actual  forswear in the person of the plaintiff but it may be in a action depend  Leonard er p between the plaintiff and a stranger that another stranger  produce as a witness have make a false oath without any procurement or  practice of the plaintiff in which case it may be that the plaintiff have gain  by such swear ante hill Elizabeth in the common plead
ccxiii HELLYARDS case a habeas corpus be to the warden of the fleet to bring  the body of one Hellyard who return the writ that the say Hellyard be commit  to the fleet per mandatum francisci Walsingham soldier One first secretariorum  owner queen c and because the warden do not show in his return for what cause  the say Hellyard be commit the court give he day to amend his return or  otherwise the prisoner shall be deliver
ccxiii the lord Buckhurst and the bishop OF Winchesters case quare hinder the  Lord Buckhurst bring a quare hinder against the bishop of wine and count that  he be seize of the manor of d to which the advowson be appendant and that the  say church become void and that he present Maurice Sackvil his clark the  defendant plead that he be seize of the say advowson as in gross and present  one Maurice Sackvil without hoc that the advowson be appendant it be move that  the defendant ought to traverse the presentment and not the appendance  especial as the cause be here where they both present one and the same person  to which it be say that that do not appear for the defendant have plead that  he present Maurice Sackvil but do not say predict Maurice Sackvil so as it may  be be be not the same person but another see h the traverse be well take  contrary where the plaintiff declare of a advowson in gross and that he to the  same present and the defendant plead that he be seize of such a manor to which  the advowson be appendant c without that that the advowson be in gross there  he shall traverse the presentment for the presentment shall make it in gross  see h Leonard er p trin Elizabeth in the common plead
ccxiii the queen and sir John Savells case a bill of intrusion be exhibit by  the queen in the exchequer against sir Robert Savell knight who plead in bar  her pretence and upon issue join the matter be try by the record and thereupon  judgement be give for the queen and a injunction for the possession award  accord sir Robert die and now sir John Savell son and heir of the say sir  Robert bring a writ of error in the exchequer Chamber upon the statute of e  the perclose of which writ be ad grave damnum Self John Savell son heir speech  roberti Leonard it be object against the writ that no writ of error upon the  say statute of e lie upon such proceed which at the time of the make of the  say statute be not in force for trial of a issue in the exchequer by record be  enact by the statute of h and the statute of e extend to give a writ of error  upon such judgement which be give by verdict confession or demurrer and not  upon trial by record which be give but of late time but to this objection it  be answer by the Lord chancellor and the other judge that long time before the  say stat of h issue join in the exchequer have be try by the record and he  when he be the queen solicitor hadseen diverse precedent to that intent in the  time of Henry Leonard er p mich Elizabeth in the king bench
ccxiv CHEVERTONS case Henry Cheverton bring a quare hinder and count that he  be seize of the moiety of the church of d that be to say to present where you  will prima vice and that I S be seize of the other moiety that be to say to  present where you will sencundam Leonard vice c and exception be take to the  count because it be not show how the special interest do begin sure by  prescription composition or otherwise for it be clear against common right and  therefore that ought to be show see dyer Elizabeth mich Elizabeth in the  common plead
ccxiv HOUTIERS case debt be bring upon a to go away to loosen accord to the  law of merchant and custom of the city of Bristol exception be take because he  do not mention the custom in his declaration and because in the end of his  plea he say protestando see to follow complaint secundum experience community  Bristol the plea be award good and the exception disallow
ccxiv Jennings and winch case assumpsit in a action upon the case by Jennings  against winch the plaintiff declare upon a assumpsit by the defendant maii  Elizabeth and count upon a P  of mutuor for twenty shilling and a indebitatus  for four pound the defendant plead that he be indebt to the plaintiff in five  pound and W S in another five pound they become bind to the plaintiff in  twenty pound for the payment of To give back in satisfaction of the say sum of  five pound and five pound and that the obligation be seal before the day of  the assumpsit suppose and add that the same be the same debt and that the  obligation be make for the same debt and by the opinion of the whole court the  same can be a good plea for a obligation can deraign a contract or a assumpsit  afterward make and the truth of the matter be that the obligation be make  after the assumpsit although that the plaintiff declare of a assumpsit make  after and in that case it be hold that the defendant may plead the special  matter that the obligation be make after the say assumpsit without hoc that he  assumpsit c trin Elizabeth in the common plead
ccxiv mich Elizabeth in the common plead upon a recovery in a writ of entry  stir seize of two acre of land to have facias seisinam be award the sheriff as  to one acre return to have to make as to the other tarde and the return be  show to the court and all the justice but periam hold that the sheriff shall  be amerce for that return contrary and repugnant in it self but by periam it  may be that the acre of which no seize be have be so far distant from the  other acre whereof seize be that the sheriff for want of time can not make  execution of both be so remote the one from the other to which it be answer  that if the truth of the case be such then may the sheriff make execution in  one acre in the name of both acre and if upon a capias ad satisfaciend against  two the sheriff do return as to one to take in hand and to the other tarde he  shall be amerce for those several retorns can stand together mich Elizabeth in  the common plead
ccxix mark steward case a assumpsit before action bring may be discharge by  word otherwise after action bring Leonard mich Elizabeth in the common plead
ccxix the lord norths case the queen grant unto the Lord north and his heir  the fine pro freedom to agree and one will not pay he the fine for which cause  the Lord north bring a action upon the case against he and declare upon  indebitatus assumpsit c Godfrey move this matter to the court to know their  opinion if such action will lie for the matter or not fennor for a fine in a  courtbaron or courtleet debt lie but as be conceive here this action do not  lie for it be a real fine and there be no contract betwixt the party but the  same be give by the law and some be of opinion that debt lie for a relief for  there be a contract by fealty gawdy conceive that the action do well lie for  it be not any casual profit and therefore debt lie for it although it be all  inheritance and see dyer h the heir shall have a action of debt upon a nomin  pnae reserve by his ancestor Wray I do not see that he have any other remedy  and therefore I be of opinion that this action will lie Leon Len Leonard er p  trin Elizabeth in the exchequer
ccxix WHISKON and CLEYTONS case devise in a ejection strong upon a special  verdict find the case be this that c be seize in fee and devise the same to  Solomon Whiskon his godson after the death Leonard er p of his wife and if he  fail then he will all his part to the discretion of his father and die Solomon  survive the father be dead before without any disposition of the land gawdy be  of opinion that upon those word that the father have a feesimple as I will  that my land shall be at the disposition of I S by these word I S have a  feesimple quod periam to go away and they amount to as much as I will my land  to I S to give and sell at his pleasure and by Windham and periam there be no  difference where the devise be that I S shall do with the land at his  discretion and the devise thereof to I S to do with it at his discretion post
ccxix williams and drews case the widow of William who be speaker of the  parliament bring dower against William and draw upon the Grande cape William  make default and now come draw and surmise to the court that he be not tenant  of the land but further he say that the husband of the demandant lease the say  land to he for year and that this action be bring by covin to make he lose his  term and pray to be receive and the opinion of the whole court be that  although he be party to the writ yet he shall be receive and that by the  statute Leonard of Gloucester for be be in equal mischief and the court be  also clear of opinion that upon the default of William the demandant shall not  have judgement for a moiety for that the cause of the receipt trench to the  whole and by all the justice but Rhodes if judgement have be give upon the  deault of both I e William and draw yet the term of draw shall stand but draw  shall be put out of possession and put to his action and Anderson conceive  that the resceit upon that statute do not lie unless that covin be allege  betwixt the demandant and the tenant to make he to lose his term and that  covin be traversable which all the other justice deny for the covin ought to  be aver but ought not to be traverse and also they all but Anderson be clear  of opinion that in this case of receipt the party shall not plead upon his  receipt as upon the statute of Westminster but he shall be receive and have  day to plead mich Elizabeth in the common plead
ccxl barn case barn bring a action of trespass for take of his sack of corn  the defendant justify in the behalf of the town of Lawson in the county of  Cornwell because that king Phil and queen mary grant to they of the say town a  market to be hold within the say town and that the plaintiff come to the say  town with a sack of corn and the vendor will not pay toll for which cause they  take the say sack of corn and judgement be give for the defendant upon which  error be bring and assign for error because that the defendant plead the  letter patent with the date of the place year and day without say seal England  adorned with small figures for it be hold that hic in curian lengthen be but  form and afterward the judgement be reverse for default of the say matter  great seal England adorned with small figures and by Anderson justice patent  be good without enrolment and that be adjudge in Hungates case
ccxl sir William Hollis case sir William Hollis bring a quaere hinder against  the bishop of Coventry Godfrey Fuliamb Kt and William Waltham clark the case  be sir Ralph Langford Kt be seize of the manor of d to which the advowson be  appendant and present to the same church one a his clark who be admit c and  afterward the say sir Ralph grant the next avoidance of the same church to sir  Godfrey Fuliamb James Fuliamb George Fuliamb and William Walton the dawn uni  jointly separately afterward the say sir Ralph grant by fine the say manor  with the advowson to sir William Hollis in fee the church become void the say  sir Godfrey Fuliamb present the say Waltham his clark who be admit c and upon  argument at the bar and bench it be adjudge against the plaintiff and the  presentment of sir Godfrey sole Leonard without the other be good  notwithstanding also that Waltham the presentee be one of the grantee of the  next avoidance Tr h rot vide e h see this case late report in sir George more  report by the name of sir Godfrey Fuliambs case
ccxli mich Elizabeth in the exchequer chamber debt bring upon a obligation the  defendant plead payment at Lockington in the parish of Killmerston and the  venire facias be award de Lockington and that be assign for error in the  exchequer Chamber upon a judgement give in the king bench that the venire  ought to be de Killmerston see h h e trespass for entry in the manor of d in S  the visne shall come de vicineto de S and not from the manor contrary if it be  for the entry into the manor of d only for there it shall be de vicineto manor  cook say there be a case very late adjudge in the king bench a lease be plead  to be make at Ramridge end in Luton Leonard and that he himself be of opinion  that the venire ought to have be of Ramridge end and not of Luton but the  court overrule the same against he it be say in the principal case that  Lockington shall be intend a town as this case be for a parish may contain  many town and afterward the judgement be affirm post
ccxli musted and hopper case assumpsit verdict consideration in a action upon  the case the plaintiff declare that where he and one Atkinsal be joint and  several bind b obligation in fifty pound to a stranger for the only debt of  the say Atkinsal which Atkinsal die and the defendant marry afterward his wife  and so the good of Atkinsal come to his hand yet the plaintiff the first day  of may after which be the day of payment of the money pay five and twenty  pound for avoid the forfeiture of the penalty the defendant as well in  consideration of the premise as in consideration that he may peaceable enjoy  the I good of the testator promise to pay the say sum cum ind require fuer and  upon non assumpsit the jury find the payment of the say sum and all the  precedent matter and that the defendant in consideration praemissiorum promise  to pay the say sum if he may peaceable enjoy the good of the say testator it  be move in arrest of judgement that although here the jury have find  sufficient cause of action yet if the declaration be not accord the plaintiff  shall not have judgement and here the plaintiff have declare upon two  consideration and the jury have find but one sure if be peaceable enjoy the  good of the testator also the plaintiff declare of a simple promise and t he  jury have find a conditional si to rejoice to be able c and so the promise set  forth in the declaration be not find in the verdict gawdy be of opinion that  the first consideration be good for the plaintiff enter into bind at the  request of the defendant and then the promise follow be good but the second  consideration be void sure that the defendant shall enjoy the good of the  testator c as if it have be that he shall enjoy his own good and all the  justice be clear of opinion that the promise find by e jury be not the promise  allege in the declaration and so the issue be not find for the plaintiff and  so the judgement be stay cro Leonard trin Elizabeth in the king bench rot
ccxli temps roign Elizabeth note by hind and hale the king attorney justice of  assize in the county of Essex in the case of the bishop of London and one  heron keeper of Cronden park if the keeper of my park or any of his servant  without his assent of their own head and without my commandment kill my deer  within the say park be within his keep or abate or pull down any house within  the park or barn for to lie bay for the deer there or cut any tree wood or  underwood there grow and sell the same or give it to another that in all these  case the keeper of the park shall forfeit his office and it be agree by they  that such a keeper have not any estate or possession in the park or in the  lodge but the possession remain always in the owner of the soil of the park  and the keeper have but the occupation and keep and the survey of the same for  such a keeper can justify the hold of the lodge with force in a writ bring  upon the statute of h by the owner of the park but it be agree that he who  have the inheritance in such a office shall not forfeit his office for the  cause aforesaid hill Elizabeth in the common plead
ccxlii CRECKMERE and PATTERSONS case devise conditional upon a special verdict  the case be this Robert Dookin be seize of certain land in fee and have issue  two daughter devise the same to Alice his old daughter that she shall pay  forty pound to Ann her sister at such a day the money be not pay whereupon Ann  enter into the moiety of the land and it be hold by the whole court that the  same be a good condition and that the entry of Ann be lawful it have be  adjudge that where a man devise his land to his wife proviso my will be that  she shall keep my house in good reparation that the same be a good condition  Wray a man devise his land to b pay to c it be a good condition for c have no  other remedy and a will ought to be expound accord to the intent of the  devisor cro roll Inst b hill Elizabeth in the king bench
ccxlii Fitzherbert and pierce case in ejection strong by Fitzherbert against  pierce pierce be outlaw and now come and show by way of plea that the outlawry  be erroneous in this videlicet ad come meum tent Jan Elizabeth whereas the say  day be die dominic and so there be no county court it be the opinion of  Windham that the same matter do well lie in plea for it be matter apparent  within the record as in the case of Brecket and Leonard er p fish blow Com  Rhodes and periam be of a contrary opinion and say the case cite be not like  to the case at bar for there it appear to the court as judge when every term  begin and end but it be otherwise in our case si die January be die dominic or  not for it shall be try by the country c Leonard trin Elizabeth in the king  bench
ccxlii mich Elizabeth in the common plead in trespass for break his close the  defendant plead that heretofore he himself bring a ejection strong against the  now plaintiff of the same land in which the trespass be suppose to be do and  have judgement to recover c and demand judgement if against c it be move that  the bar be not good because that the defendant have not aver his title and the  recovery in one action of trespass be no bar in another c quod curian to go  away but as to the matter the court be clear that the bar be good and by  periam whoever plead it it be well plead for as by recovery in a assize the  freehold be bind so by recovery in a ejection strong the possession be bind  and by Anderson a recovery in one ejection strong be a bar in another especial  as periam say if the party rely upon the estoppel and afterward judgement be  give that the plaintiff shall be bar Len Leonard er p mich Elizabeth in the  common plead
ccxlii rook and Dennis case in a action upon the case by rook against Dennis  for misuse of the plaintiff horse by occasion of which misuse the say horse  become blind of one eye and gallbackd the plaintiff count that the say horse  be steal by three felon after who the plaintiff make fresh suit and that the  felon be apprehend and attaint Leonard at his suit before justice Windham and  that the say horse come unto the hand of the defendant who misuse it ut above  the defendant say that before that and the say attainder of the say felon the  say felon have waive the say horse within his manor in which manor he have  waif and estray c and it be hold by the court that the same be no plea without  traverse the fresh suit whereof the plaintiff have declare for by the fresh  suit the property of the plaintiff in the say horse be preserve and so upon  that misuser of the horse by the defendant a action well lie and judgement be  give for the plaintiff accord Hetleys Rep roll more hill Elizabeth in the king  bench
ccxliii dove and WILLIOTS and other case in a ejection strong upon a special  verdict the case be that W be seize of the land where c and hold the same by  copy c and surrender the same unto Leonard er p the use of e for life the  remainder to Robert and a in fee Robert make a lease to the defendant e Robert  a surrender the say land sure a three part to the see of Robert for the life  of e they remainder to the right heir of Robert and of another three part to  the use of Robert for life the remainder to e the remainder to Richard c and  of another three part to the use of a and big heir after which partition be  make betwixt they and the land where c be allot to Richard who afterward  surrender to the use of the plaintiff it be hold that judgement upon this  verdict ought not to be give for the plaintiff for the lessee of Robert have  the first possession and that lease be to begin after the death of e who be  tenant for life and when e and be in the reversion join in a surrender thereby  the estate for life in that three part be extinct in Robert who have the  inheritance and then big lease take effect for a three part so that the party  here be tenant in common betwixt who trespass do not lie cro Inst hill  Elizabeth in the king bench
ccxliii keen case indictment nuisance addition Ralph keen vicar of b be indict  for stop quandan way greatly necessarian for all the king subject there pass  exception be take to it because it want the word regian and the word  necessarian do not imply any matter for a foot way be necessary also here the  party have not any additional it be r king but it be not say clarke and for  these cause the party be discharge trin Elizabeth in the king bench
ccxliii peters case William Peter be plaintiff in a action of debt in the  common plea come to London this term to prosecute his action and afterward he  be commit to the Marshalsea by the Lord Hunsdon chamberlain of the queen  household and one of her privycouncil and now a habeas corpus issue out to the  keeper of the Marshalsea to have the body of the say Peter in court and at the  day the keeper return the say writ that the say Peter be commit to the say  prison by the say Lord and show the warrant for it there to remain and to  answer before the lord of her majesty Council to such matter c causan yes  detention I entirely incognita be the court examine the say Peter upon his  oath if he come to London to prosecute his say cause who answer that he do and  the court also examine the say keeper if he have acquaint the say Lord with  the say writ who say that he have so do but he show he not any cause wherefore  by the award of the court Peter be discharge of his imprisonment
ccxliv bulleyn and grant case copyhold devise copyhold estate upon evidence to  a jury the case be that Henry bulleyn the father be seize of the land be  copyhold and have issue three son Gregory Henry and Thomas and afterward  surrender to the use of the last will and thereby devise the say land to Joan  big wife for life the remainder to the say Henry and the heir of big body  beget Joan die after admittance Henry die without issue and afterward the lord  grant it to Thomas and his heir who surrender to the use of the defendant then  his wife for life and afterward die without issue Gregory old son of Henry  bulleyn enter c coke when the father surrender b the use of his last will  thereby all passes out of he so as nothing accrue Leonard to the heir nor can  be have and demand any thing before admittance Wray the entry of Gregory be  lawful and admittance for he be not necessary for if a copyholder surrender to  the use of one for life who be admit and die be in the reversion may enter  without a new admittance it be move by coke if this estate limit to Henry be a  estate tail or a fee conditional for if it be a feesimple conditional then  there can be another estate over but yet in case of a devise a estate may  depend upon a feesimple precedent but not as a will but as a executory devise  Wray it be not a conditional estate in fee but a estate tail coke they who  will prove the custom to entail copyhold land within a manor it be not  sufficient to show copy of grant to person and the heir of their body but they  ought to show that surrender make by such person have be enjoy by reason of  such matter Wray that be not so for customary land may be grant in tail and  yet no surrender have be make within time of memory cro mich Elizabeth in the  king bench
ccxliv HURLSTONS case hurlston bring a writ of error against the queen upon a  judgement give for the queen in the county palatine of Chester it be move by  gawdy the queen sergeant that the writ do not lie for he ought to sue to the  queen by petition which see e a writ of error can be grant absq not general  agreeableness dom king see also e and the case be that judgement be give for  the queen in a to know facias to reverse the patent of the constableship of  the castle of Chester and by he in Chester there be many court king bench  common plea exchequer chancery and here a judgement or decree in the chancery  can be reverse but by parliament and so he conceive of a judgement give in the  chancery at Chester and it can be reverse in the king bench also they have a  custom in Chester that they may reverse within certain month the judgement  before Clench there needs no petition for both the patentee claim from the  queen and whether there be error or not the queen be not prejudice coke there  needs Leonard er p no petition for it be now pass for the queen attorney hand  be to it Elizabeth in one hances case a writ of error be bring against the  queen and they be compel to sue to the queen by petition coke in the exchequer  if a erroneous judgement be give for the queen in a bill of intrusion the  party shall have a writ of error against the queen without any petition it be  the case of one Elizabeth mordant Elizabeth she bring a writ of error to  reverse a fine levy by her during her minority against the queen and the  proceed in it be stay because she have not sue to the queen by petition first  Wray man outlawry have be reverse by error without any petition and yet in  such case the queen have a immediate interest Len mich Elizabeth in the king  bench
ccxliv peak and POLLORTS case word action upon the case by peak against  Pollort upon these word thou art a malicious and seditious man and move the  queen subject to sedition it be the opinion of the court that the word be not  actionable for they be too general for it may be that the defendant have stir  up the tenant of a manor to tumult and sedition which be not any great scandal  and the statute of Elizabeth be if any person do any thing to move the people  to sedition the same be felony but then it must be sedition against the queen  and of that opinion be the whole court trin Elizabeth in the king bench
ccxlix Courtney and KELLOWAYS case Courtney bring a action upon the statute of  Elizabeth concern perjury against kelloway and declare that where sir gawen  Carew have heretofore bring a action upon the case against the now plaintiff  for slanderous word videlicet because that the say now plaintiff have affirm  that the say sir gawen have have the pock to which declaration the now  plaintiff have plead that kelloway the now defendant report to the say now  plaintiff that he himself I e kelloway have heretofore heal the say sir gawen  of the pock without hoc that be speak they simple of his own bead upon which  they be at issue and the say kelloway be produce as a witness on the part of  the say Courtney and the say kelloway upon his oath depose at the trial of the  say issue that he never have report to the now plaintiff that he himself have  heal the say sir gawen of the pock for which the jury find for gawen and also  assess great damage in respect that they find that Courtney speak the say word  of his own head c and not of the report of kelloway it be the opinion of the  whole court that the now plaintiff shall have this action for notwithstanding  that that oath do not trench much unto the proof or disproof of the issue yet  because that by reason of the oath the jury have aggravate the damage the  action do lie as in case of trespass of break his close and spoil his grass  the defendant plead not guilty and at the trial of the issue a witness be  produce on the plaintiff part who depose upon his oath that the land where c  be so rich in grass that it be ready to be mow whereas in truth none or very  little grass be there Leonard grow yet if the jury find upon other evidence  the defendant guilty it be a occasion to induce the jury to tax the great  damage all which the court grant mich Elizabeth in the common plead
ccxlix HAUXWOOD and husband case prescription in a action upon the case the  plaintiff declare for disturb of he to use his common c and show that a be  seize of certain land to which this common be appendant for the term of his  life the remainder to b in tail and that the say a and b do demise unto he the  say land for year c pepper the declaration be not good for it be not show how  these particular estate do commence see e by piggot lessee for life and he in  the remainder can prescribe together and he in the remainder can have common  also he declare that tenant for life and he in remainder demise to he whereas  in truth it be the demise of tenant for life and the confirmation of he in the  remainder also he do not aver the life of tenant for life Popham he needs not  to show the commencement of the particular estate for we be a stranger to they  the prescription in they both be well enough for all be but one estate and the  lease of both see h the lessee for life and he in the reversion make a lease  for life and join in a action of waste and Leonard er p there needs no  averment of the life of the tenant for life for be in the reversion have join  which gawdy grant as to all and say the particular estate be but as conveyance  unto the action Wray conceive the first exception to be material c cro trin  Elizabeth in the king bench
ccxlix mich Elizabeth in the exchequer a be indebt to b who be indebt to the  queen b assign his debt unto the queen by all the baron process shall be award  out of the exchequer to inquire what good a have at the time of the assignment  and not what he have tempore scribe predict fact c
ccxlix seaman and Brownings case seaman bring debt in a obligation against  Broshnin and other executor of one martial the condition be that whereas the  say martial have sell certain land to the plaintiff if the plaintiff peaceable  and quiet enjoy the say land against the say martial c and assign the breach  that the say martial have enter upon they and cut down five elm there upon  which they be at issue and it be find that a servant of the say martial have  enter and cut they and that in the presence of the say martial his master and  by his commandment it be the opinion of the court that the condition be break  and that the master be the principal trespasser Leonard er p trin Elizabeth in  the common plead
ccxlv Matthew and HASSALS case error in a ejection strong betwixt Matthew and  Hassal the plaintiff have judgement to recover and the defendant bring a writ  of error and assign error in this that the judgement be enter quod to express  grief recupere possession c where it shall be boundary vent in be predict see  Elizabeth dyer coke contrary that the judgement be good enough for the writ of  execution upon it be to have facias poss Leonard er p sionem and in a real  action the writ be quod to strive for recupere sesinam and not earth and  afterward judgement be affirm cro hill Elizabeth in the king bench
ccxlv Ratcliff and shirley case word the lady Ratcliff bring a action upon the  case against Shirley for these word my lady Ratcliff be a beggarly lady and  give threadbare coat she buy sheep and cozen man of their money and she be as  very a thief as he that rob by the highway upon not guilty the jury find that  the defendant speak these word she be a worse thief than he that rob by the  highway it be hold that the word find by the verdict be actionable as well as  if the defendant have call the plaintiff thief general but it seem to the  court that upon that verdict the plaintiff shall not have judgement for it may  be that the defendant dixit a bag of hide at several time and so several cause  of action and it be not like to the case man where part of the word be find  quoad alian word bon dixit and so express acquit he of the remnant so it be  not here for this verdict do not acquit he of the other word and for that  cause judgement be stay Leonard er p Leonard hill Elizabeth in the king bench
ccxlv the lord Compton case note it be hold by the Lord Anderson chief justice  in this case that if beneficiary and use after the statute of I r leas for  year and afterward the feoff release to the lessee and his heir have notice of  the use that that release be to the first use but where the feoff be seize and  they release to the seize although that they have notice of the use vet the  same be to the use of the seize and no subpoena lie against the seize see e  Len kellow Inst trin Elizabeth in the common plead
ccxlvi herne and crow case in a action upon the case by Herne against crow and  declare that whereas certain Irish merchant have import fur here into England  which be offer to besold in London which fur the defendant desire to buy but  because he be a foreigner he can not buy they without peril of forfeiture and  then the plaintiff be in communication with the merchant to have buy they that  the defendant in consideration that the plaintiff promise to the defendant  that when he have buy the say fur the defendant shall have such a quantity of  the say fur as he please upon equal price assume and promise that he will  speak no more with the say merchant for the buy of the say fur yet that  notwithstanding be proceed in the say bargain and offer to the say merchant  sixty pound more than any other by reason of which the plaintiff can not have  they for such reasonable price as he may have have they before it be hold by  Wray chief justice that the declaration here be insufficient upon which the  defendant may have well demurrer mich Elizabeth in the common plead
ccxlvi mich Elizabeth in the common plead in trespass for take of good the  defendant justify as bailiff to I S the plaintiff by replication say that the  defendant press his cattle of his own wrong without hoc that he be bailiff to  I S and by Anderson if one have good cause to distrain my cattle and a  stranger of his own bead without any warrant or authority take my good not as  servant or bailiff to another and I bring trespass against he be can excuse  himself by say that he do it as bailiff c for once he be a trespasser but if  one do distrain as bailiff although that in truth he be not bailiff if  afterward be in who right he justify assent to it he shall not be punish as a  trespasser for this assent shall have relation unto the time of the distress  take which periam to go away and also Rhodes a distrain and be ask for what  cause he distrain and he assign a cause which be not sufficient and afterward  a action be bring against he he may avow the distress for another cause postea  Leon   Leonard er p
ccxlvi sir thomas gorge and DALTONS case sir Thomas gorge and the lady Helen  his wife bring a quare hinder against Francis Dalton who plead that the queen  be seize of the manor of d to which the advowson c be appendant and so seize  the church become void and that afterward the queen grant the say manor with  the advowson to I S who present the defendant it be the clear opinion of the  court that by that grant of the queen the advowson do not pass although that  the king by his prerogative may grant a thing in action quod vide dyer  Elizabeth against f n b h
ccxlvii baker case estrepement a writ of partition by baker heir of Gertrudi  marquis of Exeter who devise all his land to blunt by which the three part  descend to the plaintiff and pray a writ of estrepement and it be the opinion  of the court that the writ be not to be grant for the plaintiff may have a  more proper remedy upon the statute cum two well tres and in a writ of  partition no land be demand
ccxlvii palmer and KNOWLLIS case execution capias after elegit palmer recover  debt against Knowllis and sue execution by elegit upon which the sheriff  return that he have make execution of the land of the defendant by the Leonard  er p oath of twelve man but be can not deliver it to the party for it be  extend to another upon a statute upon which the plaintiff sue a capias ad to  give satisfaction and now come the defendant by his counsel and move that  after elegit return the plaintiff can not resort to the execution by capias  and therefore pray a supersedeas because the capias erronice to flow out but  the whole court be clear to the contrary for upon nothing return upon elegit  the plaintiff shall have a capias e see h a man shall have a capias after a  become facias or elegit h and here the special return do amount to as much as  if the sheriff have return nothing also the statute of west which give the  elegit be not in the negative and therefore it shall not take away the  execution which be at the commonlaw and here be no execution return for after  the former extent end he ought to have a new elegit which Wray grant and  afterward the say Knowllis be take by force of the capias satisfaciend and  come into court in the custody of the sheriff and the case be open and in the  whole appear to be worthy of favour but by the law he can not be help and  although be instant pray a supersedeas yet the same be deny unto he cro  Leonard hill Elizabeth in the common plead
ccxlviii carter and marten case two man make a obligation joint for debt the  principal in the obligation make he who be surety only for he in the say  obligation for payment of the money his executor who pay the money general and  whether it shall be say that he pay it as executor or as a obligor be a quare  not resolve by the court Leonard er p
ccxlviii mich Elizabeth in the common plead condition a man be bind in a  obligation that he shall release all his right in black acre to the obligor  and in the performance of the say condition he make such a lease and deliver  the same to c to the use of the obligor the opinion of the whole court be that  the condition be not perform because the obligor have not the lease in his own  hand to plead but be put to his writ of detinue against c which be not the  intent of the condition Leonard mich Elizabeth in the common plead
ccxlviii the churchwarden OF Fetherstone case churchwarden a action of  trespass be bring by the churchwarden of Fetherstone in the county of Norfolk  and declare that the defendant take out of the say church a bell and declare  that the trespass be do Elizabeth and it be find for the plaintiff and now it  be move by Godfrey in arrest of judgement that it be apparent upon the  declaration that the trespass be do in the time of their predecessor of which  the successor can have action and action personal noritur cum mask see h but  the old churchwarden shall have the action Cookcontrary and that the present  churchwarden shall have the action and that in respect of their office which  the court grant and by gawdy churchwarden be a corporation by the commonlaw  see h by frowick that the new churchwarden shall not have a action upon such a  trespass do to their predecessor contrary by Yaxley see by Newton and Paston  that the executor of the guardian in who time the trespass be do shall have  trespass cro pasch Elizabeth in the king bench
ccxv Edgar and crisp case Edgar recover against crisp in debt and afterward  release to crisp and afterward notwithstanding the release Edgar sue for a  capias ad satisfaciend against crisp and pursue the same until Leonard crisp  be outlaw and it be the opinion of Anderson Cheif justice that crisp shall  have a hearing complaint notwithstanding the outlawry and if the hearing  complaint passes with crisp the outlawry also shall be avoid trin Elizabeth in  the king bench
ccxv edmonds case in a action upon the case against Edmonds the case be that  the defendant be within age request the plaintiff to be bind for he to another  for the payment of which he be to borrow for his own use to which the  plaintiff agree and be bind ut above afterward the plaintiff be sue for the  say debt and pay it and afterward when the defendant come of full age the  plaintiff put he in mind of the matter aforesaid and pray he that he may not  be damnified so to pay it be the defendant debt whereupon the defendant  promise to pay the debt again to the plaintiff upon which promise the action  be bring and it be hold by the court that although here be no present  consideration upon which the assumpsit can arise yet the court be clear that  upon the whole matter the action do lie and judgement be give for the  plaintiff mich Elizabeth in the exchequer
ccxv mich Elizabeth in the king bench a man be indict upon the statute of  Elizabeth of perjury in a courtleet and the indictment be that he at the leet  of the earl of bath super sacrament suum in person senescallo c exception be  take to it because it say at the foot of the earl of have whereas every leet  be the king court although that another have the profit or commodity of it and  it be say that the steward of a leet be not a officer of record and also his  oath be if he have do a rescous or not with which he be charge and by draw it  be not within the statute for it ought to be either before a jury in give  evidence or upon some article but the justice in that be of opinion against he  Leonard mich Elizabeth in the common plead
ccxvi Farrington and fleetwood case between Farrington and Fleetwood the case  be upon the stat of h of monastery the abbot and covent of d h make a lease of  certain land for life to begin after the death of one I S if they shall so  long live and afterward h within a year before the dissolution they make  another lease to I S if the first lease in the life of I S be such a estate  and interest which by virtue of the say statute shall make the second lease  void be the question for it be not in be but a future interest manwood all the  reason which have be make for the second lease be because the first lease be  but a possibility for I S by possibility may survive all the life and so it  shall never take effect but notwithstanding be it a possibility c or otherwise  it be such a thing as may be grant or forfeit and that during the life of the  say I S and note also the word of the statute if any abbot c within one year  next before the first day of the parliament have make or hereafter shall make  any lease or grant for year life or life of any manor c whereof and in which  Leonard any estate or interest for life or ear at the time of the make of any  such lease or grant then have his be or continuance or hereafter shall have  his be or continuance and then be not determine c shall be void c and here be  a interest and that not determine at the time of the make of this lease to I S  and of that opinion be the whole court and all the baron and diverse other of  the justice and therefore a decree be make against that lease c Len Len  Leonard er p mich Elizabeth in the exchequer
ccxvi HOWEN and gerrards case it be adjudge in this case that partition of  land make by the bailiff of a franchise be not good within the statute of h of  partition but it ought to be do by the sheriff himself mich Elizabeth in the  king bench
ccxvi ivory and fry case it be rule by the whole court in this case that if a  make b his executor and b make c his executor and die and a debt be due to a  the first testator if c bring a action of debt for the say debt as executor to  b the writ shall abate it be move if a infant within the age of one and twenty  year be make executor and Administration be commit durante those inferior in  rank estate in who name the action shall be bring in the name of the infant or  the administrator periam if the will be prove before the Administration be  commit the action shall be bring in the name of the infant executor trin  Elizabeth in the common plead
ccxvii read and johnson case assumpsit in a action upon the case betwixt read  and Johnson the plaintiff declare that where the defendant be indebt to he he  assume Leonard to pay it and upon non assumpsit plead this special matter be  find that the plaintiff lease unto the defendant certain land for year render  rend eight pound per annum and that the say rend be behind for three year and  that the defendant be not otherwise indebt to the plaintiff nor make any other  promise but the contract upon the reservation of the rend and by the clear  opinion of the whole court the action do not lie because he have a proper  action sure a action of debt in which no wager of law lie cro trin Elizabeth  in the common plead
ccxvii STRANGDER and BURNELLS case a action upon the case of trover of good  and convert they to his own use in Ipswich the defendant plead that the good  come to his hand in Dunwich in the same county and that the plaintiff give to  he all good which come to his hand in Dunwich without hoc that he be guilty of  any trover or conversion in Ipswich it be hold to be a good manner of plead by  reason of the special justification vide h but where a justification be  general the county be not traversable at this day vide h Elizabeth in the  common plead
ccxvii the master and chaplain OF the Savoy case the master and chaplain of  the Savoy alien a parcel of their possession unto another in fee and afterward  surrender their patent and a vacat be make of the enrolment of they it be now  move how the alienee shall be adjudge to make title to the say land claim the  same by the letter patent for the clerk will not make a constat of it foe the  patent be cancel and a vacat make of the enrolment and the case of sir Robert  Sidney be vouch in which case the statute of e be so expound upon great advice  take by the Lord chancellor who thereupon command that no constat be make in  such case manwood if tenant in tail by letter patent of the king surrender his  patent and cancelleth it and a vacat be make of the enrolment by that the  issue in tail shall be bind for no other person at the time of the cancel have  interest but in the case at bar a three person sure the alienee have a  interest and therefore he be of opinion that he shall have a constat c hill  Elizabeth in the common plead
ccxviii Hodges case if one feoff his son and heir apparent and no use be  express nor consideration it be say it shall be to the use of the son and so  have the law be take and so it be in case of a covenant to stand seize to the  use of the son the court say that there be a difference betwixt the case for  in the case of feoff they seem to be of opinion that the deed shall have no  operation but in the other case it may be otherwise upon construction of the  result of the use to the father Leonard er p Elizabeth in the king bench
ccxviii wright and the bishop OF NORWICHES case quare hinder in a quare hinder  betwixt wright and the bishop of Norwich it be move if the king have title to  present for lapse and present and his clerk be admit and institute but not  induct and die before induction if now the king shall present for the say  lapse because the church be not full against the king and the justice be all  clear of opinion that the king may repeal such presentment before induction  and as to the principal matter the court seem to incline that the king may  present again die mich Elizabeth in the common plead intrat trin Elizabeth rot
ccxx mich Elizabeth in the common plead a lease to b for year and before the  expiration of the say term lease the same by indenture to a stranger to begin  present and the first lessee commit waste a bring a action of waste against  the second lessee and declare upon a lease make for year without speak of the  indenture and gawdy sergeant demand the opinion of the court if the defendant  may safe plead no waste and they conceive that it shall be dangerous so to do  then it be demand if the defendant plead that the plaintiff have nothing  tempore dimission whereof he have count if the plaintiff may estop the  defendant by the indenture although he have not count upon it and if such  replication be not a departure and it seem to periam and Leonard custos narrow  places that it be not for it be not contrary to the declaration but rather do  enforce the declaration
ccxx mrs PASCHALLS case mistress Paschall be bind with surety for her  appearance before the high commissioner that she shall not depart without  licence under the hand of three of they and she plead the general pardon at  the last parliament in which there be a exception of all bind and recognizance  except only such bind and recognizance as be for appearance and Atkinson argue  that she ought to be discharge by the exception for although the departure  without licence be not special name yet it be within the sense for the not  departure without licence be no other thing than to continue her appearance  Popham contrary for the non departure without licence be set down in the  condition to this purpose that she shall Leonard not go into the country to be  corrupt there or to corrupt other and receive seminary c therefore it be  another thing than appearance between Hore and hare the case be one be bind to  make his appearance at such a day and in the mean time thrice every month to  repair unto such a preacher to he better inform in religion although the non  appearance be pardon yet the other point I the resort to the preacher be to be  answer Atkinson there the resort the preacher be collateral and a several  point from the appearance but in the case at bar the not departure be pursuant  to the appearance and the opinion of all the baron be that the pardon do not  extend to the same
ccxx Verney and VERNEYS case in dower by Verney against Verney the case be  that lessee for year by fine to who the land be render by fine for year upon  the default of the tenant pray to be receive and it be counterpleaded because  the statute of Gloucester give no receipt but where the termor may have  recovery by writ of covenant but where the lease as in our case do commence by  render by fine there can be any recovery by covenant but it be the opinion of  the Lord Anderson that such a termor shall be receive
ccxxi mich Elizabeth in the exchequer chamber in the exchequer Chamber before  the chancellor treasurer c a writ of error be cast upon the statute of e cap  it be move by Egerton solicitor to the queen for the defendant that the writ  of error ought to abate for false Latin for the writ be pertenet where it  ought to be to stretch out but by manwood Anderson and Wray the same be no  exception but notwithstanding that the court may proceed to the examination of  the error for the same be not proper a writ but rather a commission to the  chancellor treasurer c and therefore it be order that the party shall proceed  to the assignment of the error mich Elizabeth in the exchequer
ccxxi the lady newma and sheriff case the lady Newman sister of James  Wingfield late decease exhibit a bill of complaint in the starchamber against  on Sheriff dwell in Ireland and two other set forth that the say Sheriff have  forge a deed purport that the say James have by the same give to he all his  good and also that the say James have assign to the say Sheriff a lease for  year of land in Ireland and also that the say Sheriff have procure the say two  other defendant to depose upon their oath before the townclerk of London that  the say deed be seal and deliver by the say James as his deed it be move by  the counsel of the defendant that these matter of forgery be not within the  statute of Elizabeth nor also the perjury or the procurement of it where upon  the lord of the Council refer the consideration of the say statute to both the  chief justice who the next courtday declare their options upon the say matter  that the say statute do not extend to forgery of a deed convey a gift of  chattel personal which see by the statute which as to that point extend bat to  obligation bill Obligatory acquittance release or other discharge and also a  deed of a assignment of a lease of land in Ireland be not within the say  statute and also the say justice be of opinion that this perjury and the  procurement of it be not punishable by the say statute because the oath be  take in person non judge for the townclerk of London can minister a oath in  such case no more than a private person but because the bill in the percluse  and conclusion of it be contrary to the law and statute of this realm the say  chief justice be of opinion that the say court may punish those offence as  misdemeanour at the commonlaw but not accord to the statute and afterward  Sheriff pay for a fine and by order of the court be set in the pillory Len  Leonard mich Elizabeth in the king bench
ccxxi trin Elizabeth in the common plead a action be bring against a executor  who plead that he refuse the executorship upon which the party be at issue the  bishop certify quod non object whereas in truth he have refuse before the  commissary of the bishop Fenner sergeant move to have the advice of the court  upon this matter and argue that the court ought to write to the commissary  which be deny by the court for be be not the officer to this court as to that  purpose but the bishop himself be our officer and the party can have a  averment against the certificate of the bishop no more than against the return  of the sheriff and the court also hold that the only remedy for the defendant  be by a action upon the case against the bishop for his false certificate but  it be move that the issue join upon the refusal ought to be try by the country  and not by the certificate of the bishop and such be the opinion of Windham  and Walmsley periam where the issue be that the executor refuse before such a  day or after there the issue shall be try by the country contrary where the  issue be upon the refusal general for the refusal be before he as judge as  also resignation be Len mich and Elizabeth in the king bench
ccxxii mich Elizabeth in the common plead assumpsit in a action upon the case  the plaintiff declare that he have deliver to the defendant to visit good ad  valentian livre the defendant in consideration thereof do promise to pay to  the plaintiff the debt owe pro good prediction and do not show that the  defendant buy the say good of the plaintiff and so it do not appear that there  be a that debt and then a promise to pay it be mere void which be agree by the  whole court mich Elizabeth in the common plead
ccxxii MIDDLEMORES case Middlemore bring a action upon the case for these word  sure Middlemore be a cousin knave for he have I to Coventry and there cozen I  of S and afterward have judgement to recover and now the defendant bring a  writ of error in the exchequer Chamber and there the opinion of the whole  court be that the say word be not actionable and the case of one Egerton be  remember thou art a cousin knave coroner for thou baste cozen I of my land the  plaintiff in that case can not have judgement for he be not particular charge  in respect of his office and note that in this case of error the defendant  plead a outlawry in the plaintiff and be bar in that be plead now a  excommengement in the plaintiff and show the letter of excommunication upon  which it appear Leonard er p that the plea be plead before the outlawry be  plead and it be rule by the whole court that this plea lie not for the  defendant for be can have two plead to the person of the plaintiff but where  his second plea be matter of late time since the first plea and afterward the  say judgement be reverse mich Elizabeth in the exchequer
ccxxiii freeman and drews case in a action upon the case by freeman against  draw the defendant plead that after the assumpsit whereof the plaintiff have  declare there be a agreement betwixt they that the defendant and two other  shall be bind in a bind to the plaintiff for the sum promise and that they  enter bind accord the plaintiff confess the agreement and that the bind be  make accord to the agreement and that the party bind do deliver the same as  their deed cuidan pardon to the plaintiff the defendant say that they do  deliver the deed to one I S and give notice thereof unto the servant of the  plaintiff and that they be now ready to deliver it to the plaintiff upon which  there be a demurrer Godfrey argue that the say plea of the agreement special  execute ut above be good as in a case late adjudge between Alford and leigh Tr  Elizabeth where the arbitrament be make that leigh shall release unto Alford  before the Feast Petri ad vincula and before the say feast leigh seal and  deliver such a release unto the use of the say Alford Leonard and after the  feast he tender it to Alford but be refuse it and bring debt upon the bind for  performance of the arbitrament and it be adjudge that the action will not lie  for if he do recover upon that action he also shall take advantage of the  release coke in alford case a tender be to the plaintiff himself which be not  in this case Leonard er p and although that it be after the feast yet it be  before the suit commence and also in our case the tender be depend the suit  gawdy if the plaintiff shall recover in this action he may plead the recovery  in bar of the suit upon the obligation Wray let the plaintiff release the bind  and take judgement here which be do accord cro ante Elizabeth in the common  plead
ccxxiii hide and hill case in ejection strong by hide against hill the case be  Nicholas Throgmorton tenant in tail without licence of the king go beyond sea  into Italy and there marry a English woman and there continue in the service  of cardinal pool and their practice traitorous against the state here and  against his allegiance within which time he have issue a son name Francis it  be hold that the say son be not inheritable to the tail for if a subject go  beyond sea with the licence of the king and there continue long than his  appoint time by that be lose the benefit of a subject it be further give in  evidence that the say Nicholas be attaint of treason in the time of Henry and  afterward go beyond sea ut above and return in the time of queen mary and be  restore by Act of parliament and upon all that matter it be hold that the say  Francis be inheritable Elizabeth in the king bench
ccxxiii seaman and Brownings case debt George seaman bring debt upon a bind  against W Browning and other executor of one marshal the condition be that  where the say marshal have sell Leonard er p certain land to the plaintiff if  the say plaintiff peaceable and quiet enjoy the say land against the say  marshal c and assign the breach in this that the say marshal have enter upon  he and cut down five elm there upon which the party be at issue and it be find  that a servant of the say marshal by commandment of his say master have enter  and cut c in the presence of his say master and by his commandment for he be a  principal trespasser and it be so hold by the court
ccxxiv blunt and ware case where a order be make that such a one shall have  the mean profit and issue of such land it be hold the same be not to be intend  that the party shall have the crop which grow upon the land by the manurance  of another but the value of the land as it may be lease and so it be where the  sheriff retorns issue c for the corn there grow may be of the value of where  the land be but of the value of Leonard er p mich Elizabeth in the king bench
ccxxiv grey and Edward case in a attaint by grey against Edward it be hold by  Wray gaudy and Jeoffries that if one make a deed and that by these word to  give away convey land to another without any word of bargain and sale and that  for a sum of money if the deed be debt is owed modus enrol the use shall pass  as well as if the word of bargain and sale have be in the deed because that a  sum of money be pay for the land Elizabeth in the king bench
ccxxiv mich Elizabeth in the common plead if the king tenant by knight service  die his heir within age and upon office find the king seize the body and land  yet the heir during the possession of the king may sell the land by deed enrol  or make a lease of such land and the same shall bind the heir notwithstanding  the possession of the king but if he make a feoff in fee it be utter void for  the same be a intrusion upon the possession of the king but where the king by  office find be entitle to the inheritance as that his tenant die without heir  whereas it be false for which the king seize in such case the tenant of the  king before his ouster Le main can make a lease for rim year or sell the land  by deed enrol the case depend in London before the judge of the sheriff court  the king by colour of a false office which do false entitle he to the  inheritance be seize of certain land be who have right lease the same for year  by deed indent and then a ouster Le main be sue and he feoff a stranger and it  be hold that the lease shall not bind the feoff although it be by deed indent  for the feoff be a stranger to the indenture and therefore shall not be  estopped by it h a stranger shall not take advantage of a estoppel and  therefore shall not be bind by it as if one take a lease for year by indenture  of his own land the same shall bind he but if he die without heir it shall not  bind the lord in point of escheat   mich Elizabeth in the common plead
ccxxiv some and sir richard Buckleys case in the case betwixt summer and sir  Richard Buckley where the plaintiff pray a prohibition to the court of  admiralty the case be that the defendant sue in the admiral court for the  moiety of a ship and prize take by they upon letter of reprisal for the civil  law be that if two ship meet at sea together although they do not go forth as  consort and the one ship in the presence of the other take a ship with good in  it the other ship which be present shall have the moiety or one half of the  ship and good take for although it do not take the ship yet the presence  thereof there at the time of the take be a terror to the other ship which be  take without quo the other ship can not be so easy take and now the plaintiff  for the prohibition do surmise that after they be arrive in England they do  agree among themselves that the plaintiff shall have four part of the say ship  and good so take and the other five part and the plaintiff say that he have  plead this matter in the court of admiralty and they will not allow the plea  and thereupon he pray a prohibition which be grant but afterward it be move on  the other side that the say court of admiralty will allow the plea and there  try it and thereupon a conditional consultation be grant by the court so that  that court allow that plea and try it there and it be say if the court there  shall not allow the plea that they shall incur the offence of contempt of this  court and the other party shall have a prohibition Inst roll roll mich  Elizabeth in the king bench
ccxxix downhall and CATESBYS case in a formedon by downhall against Catesby  the party be at issue and it be try by nisi prius it be move in bank because  that some of the jury do eat and drink before they give their verdict that the  court will not receive the postea curian that we can do for we not know  whether your Leonard information be true or not and this matter ought to be  examine by the justice of assize or nisi prius before who the trial be and  they be to certify thereof and then we shall have good cause to stay the entry  of the postea in that case it be say if any of the juror eat and drink before  their verdict at their own cost it do not make the verdict void but if at the  cost of the plaintiff or defendant it be otherwise Leon
ccxxix Huson and web case debt lie not against executor of a administrator  Robert Huson bring a action of debt against whether web administratrix of Joan  web and declare of a contract without specialty the defendant plead that she  have full administer and it be find against her and now it be move for the  defendant that upon the matter a action of debt do not lie against the  executor or administratrix which be grant by the court but the doubt be if now  forasmuch as the defendant by plead the plea above have admit the action she  shall now take advantage of the law in that point for the reason why this  action do not lie against a executor or administrator be because the testator  himself may have wage his law if he have be implead upon it and by intendment  of law the executor or administrator can have noticeof such a debt or of the  discharge of it but now by answer to the declaration as above the defendant  Leonard er p have take notice of the debt and in manner confess it and by  Rhodes and Anderson judgement shall be give against the plaintiff because it  be apparent to the court that the action do not lie and by Anderson if  judgement be enter against the administratrix in such a action upon nothing to  say the court ex duty shall give judgement against the plaintiff periam and  Windham doubt at the first that the defendant by her plea have admit the whole  matter upon the special administer plead and have take notice of the debt e e  e h Fitzherbert execute and afterward Anderson ex assent of the other judge  cause to be enter to express grief to take in hand nothing per breve cro Yel    Leonard mich Elizabeth in the common plead intrat mich Elizabeth
ccxxix leveret and townsend case in a action upon the case for disturb he of  his common the plaintiff declare that he be seize in fee of a message and  certain land and that be and all those who estate c have common of pasture in  acre of land call d from the time that the corn be reap until it be sow again  and also common of pasture in land call r omni tempore striving as appendant  to the say message and land and that the defendant have blow the say land and  so disturb he of his common and find for the plaintiff and it be move in stay  of judgement that here it appear that the plaintiff be seize in fee and so he  ought to have a assize and not a action upon the case but the exception be  disallow per curian see h Elizabeth dyer h action upon the case cro Len mich  Elizabeth in the king bench
ccxxix williams and LINFORDS case Edward William bring a action upon the case  against Linford for slanderous word concern the title of the plaintiff land  videlicet William be nothing worth and do you think that the manor of d be his  it be but a compact betwixt his brother Thomas and he and declare further that  at the time of the speak of these word there be a communication with one I S  to give the say I S the say manor of d for his manor of r and that by reason  of the say slanderous word Leonard er p the say I S dare not proceed in the  say intend exchange it be object that upon this matter a action upon the case  do not lie because the slanderous word be not speak to he who shall be  purchaser of the land but unto a stranger for in the case betwixt smith and  Johnson Johnson be in speech with one to sell his land to he and smith say to  he who shall be the purchaser of they will you buy Johnson land why it be  trouble with more charge and encumbrance that it be worth Wray there be not  any difference be the word speak to the party or unto a stranger for in both  case the title of the plaintiff be slander so as be can make sale of it it be  adjudge for the plaintiff Len l cro
ccxxv web case in action upon the case the plaintiff declare that whereas  Cobham be indebt to I S and I S to the defendant the say defendant in  consideration that the plaintiff will procure the say I S to make a letter of  attorney to the defendant to sue the say Cobham promise to pay and give to the  plaintiff it be object here be not any consideration for to induce the  assumpsit for the defendant by this letter of attorney get nothing but his  labour and travel but the exception be not allow of for in this case not so  much the profit which redound to the defendant as the labour of the plaintiff  in procure of the letter of attorney be to be respect Leonard temps roign  Elizabeth
ccxxv WESHBORN and mordants case in a action upon the case the plaintiff  declare that whereas he be possess of a piece of land contain acre call  parsonage lie adjoin to a certain river from the that of may Elizabeth usq  they impetrationis this short catalog c the defendant have the say that day of  may estopped the say river with certain load of earth and so continue estopped  until the that of February by reason of which his land be drown and so he have  lose the profit of it for the say time it be move in arrest of judgement that  upon the declaration it do not appear that there be any cause of action for  the plaintiff have make title to the land drown from the that day so as that  day be exclude and the nuisance be lie to be do the say that day and if so  then be can complain of any wrong the nuisance be lie to he before any  possession of the plaintiff to which it be answer that although the stop be  make before the possession yet the continuance of it after be a new wrong for  which a action lie as h it be present that a abbot have not cleanse his ditch  c by reason of which the highway be estopped the successor shall be put to  answer to that indictment by reason of the continuance of it see that  continuance of a nuisance be quasi a new nuisance Elizabeth dyer and it may be  that the plaintiff be not damnified until a long time after the that of may  sure after the estopping and the word of the writ here be satisfy and true  afterward judgement be give for the plaintiff Len cro Len Leonard mich  Elizabeth in the common plead
ccxxvi HEGGOR and FELSTONS case copyholder surrender by attorney in trespass  the case be a copyholder surrender to the use of his wife for life and after  to the use of his daughter in fee the wife be admit it be hold that the  daughter after the death of the wife may without any admittance surrender the  same land for the first admittance be sufficient and manwood say that roper be  steward of a manor and one of the copyholder of the say manor be in Ireland he  make a commission to one to receive a surrender from he there and it be hold a  good surrender Leonard er p
ccxxvi hoopers case John Hooper alias Bartholomew of d c be indict upon the  statute of h of forcible entry and exception be take to the indictment in  default of addition of the place c for the addition be here after the alias  dict and so there be no addition and therefore the part that be discharge and  it be hold in this case that wife be a good addition and where the husband and  wife be indict and the husband be indict of such a place although the wife  have no addition of place yet the same be good enough but I have say that in  that case there needs not any place cro
ccxxvi mich Elizabeth in the common plead tenant in socage lease his land for  four year and die his heir within the age of eight year the mother be guardian  in socage lease the land by indenture to the same lessee for fourteen year it  be hold by the court that in this case the first lease be surrender but  otherwise upon a lease make by guardian by nurture Owen Hutton cro post mich  Elizabeth in the common plead
ccxxvi the queen and scot case the queen bring a quare hinder against the  bishop of London and scot and the case be a seize of a advowson in gross hold  of the queen in chief alien the same by fine without licence of the king the  church become void the conusee present the queen without office find bring a  quare hinder the question be if the queen without office find shall present it  be agree by the whole court that if the alienation have be by deed only there  the queen without office shall not have the presentment for upon such  alienation by matter in fait without licence no to know facias shall issue  without office find of the alienation but upon alienation without licence by  matter of record a to know facias lie before office and in the last case the  queen shall have the issue from the time of the to know facias return but in  the first case from the time of the office find see Stam prerogat see e it be  then move that if the queen be entitle to present ut above pardon the conusee  all alienation without licence and intrusion if the estate of the incumbent  thereby be confirm but the court will no argue that point Len mich Elizabeth  in the common plead
ccxxvii Kimpton and DAWBENETS case in trespass the defendant do justify by a  grant of the land where c by copy the plaintiff by replication say that the  land be customary land ut above and claim Leonard er p the same by a former  copy the defendant by rejoinder say that well and true it be that the lord may  grant copy in possession at his pleasure and also estate by copy in reversion  with the assent of the copyholder in possession but all estate grant by copy  in without such assent have be void it be argue that this custom be not good  for it be not reason that the lord in dispose of the customary possession of  his manor shall depend upon the will of his tenant at will and the same be not  like to the case of attornment for there the attendancy be to be respite which  be not to be do here for the copyholder in possession shall continue attendant  to his lord notwithstanding such a grant in reversion and see for the  unreasonableness of the custom Elizabeth in dyer Sallfords case it be move on  the other side that the custom be good enough and h be vouch that every  freehold of a manor upon alienation may surrender his land c it be adjourn  Leonard mich Elizabeth in the exchequerchamber
ccxxvii mich Elizabeth in the king bench a be indict for not repair of a  bridge lie in such a highway which a be bind to repair by reason of his land  adjoin and the indictment be that the bridge be so ruinous ita quod Leonard  ligei owner queen per she transire non to be able and conclude ad nocumentum  eorund c and that be challenge because it do not say ad nocumentum all to put  under for otherwise it may be intend a private way of which a man can be  indict but the party grieve shall have his action upon the case but the  exception be not allow but the indictment be good enough for the word of the  indictment be such quod ligei owner queen there pertransir non to be able I e  all the liege people and subject of the queen and then ad nocument eorund  amount to as much as ad common nocumentum c and for that cause the indictment  be hold good enough mich Elizabeth in the king bench
ccxxvii sir thomas holland and BONISS case in a replevin the defendant make  conusans as baily to though Lord Howard and show that the prioress of the late  dissolve priory of Hallywell be seize of the manor of prior in the county of  Hertford and grant the same by word of to give away concession pro certan  money summa to the Lord Audley chancellor of England and his heir who die  thereof seize and that the say manor inter alian descend to mary daughter and  heir of the say though Lord Audley who die there of seize by force of which  the say manor descend to the say though Lord Howard c and show that the  conveyance by the prioress bear date novemb h and then Leonard er p enrol in  the chancery the plaintiff in bar of the say conusans show that after the make  and enrol of the say conveyance the say prioress lease the land to sir Henry  Parker for year and convey the say land to himself and further show that the  say conveyance specify in the conusans to be primo weigh November h without  that that the say prioress the say novemb h devoted to to go away the say  manor to the say Lord Audley upon which it be demurrer and it be the Leonard  clear opinion of the court that the averment de primo weigh against a deed  enrol ought not to be receive for by the same reason it may be aver never  weigh and so upon the matter non be factum it be further object that a bargain  and sale by a corporation be not good for a corporation can be seize to  another use and the nature of such a conveyance be to take effect by way of  use in the bargain and afterward the statute draw the possession to the use ut  the court utter reject the say exception as dangerous for that such be the  conveyance of the great part of the possession of monastery and it be in this  case say by Shuttleworth sergeant that although such a corporation can not  take a estate to another use yet they may charge their own possession with a  use to another Len Len Owen Rep trin Elizabeth in the king bench
ccxxvii trin Elizabeth in the exchequer note by manwood chief baron for a rule  to all counsellor that they do not advice any collector of subsidy or fifteen  to exhitite any bill in the exchequer Chamber for the not payment of subsidy  for such bill shall not be allow hereafter because they have remedy by  distress also it be that if any be assess for the fifteen which he ought to  pay or if two town ought to pay together and one town be tax more than it  ought to be or have be accustom those who be grieve by such assessment may  have a commission out of the exchequer which be call ad evenly taxand and that  be put in practice in a case between Bartace and hind where one of these be  Lord of little Marlow and the other of Hedfore it be also hold that fifteen be  to be levy of good and chattel proper and a township be sometime rich than at  other time and therefore it be not reasonable they pay their fifteen always  accord to the same proportion but clark baron hold where the custom have  always be that the fifteen shall be tax accord to the quantity of acre then  the rate and proportion shall be always on whosoever hold the land and as to  the commission ad evenly taxand manwood and fanshaw say that they can show  twenty precedent of it Leonard trin Elizabeth in the king bench
ccxxviii ASHPERNONS case one Ashpernon be indict at the session in the county  of Sussex for a unlawful assembly and entry into the close of one a call the  parsonage land before two justice of peace there and exception be take to it  because it be not set down in the indictment that one of the justice be of the  quorum but that the Leonard er p exception be disallow for the indictment be  sufficient if none of they be of the quorum for they may inquire but not  determine another exception be because the content of the close be not set  down in the indictment sure the number of the acre nor if it be arable pasture  or meadow but that be disallow also for this be but a indictment of trespass  contrary it be upon a indictment upon the statute of h for there the party  grieve be to have restitution but so he be not here another exception be take  because that in the indictment no time be set down when the trespass be do but  only of the assembly but that be disallow also for both shall be take to be do  together all at one time postea mich Elizabeth in the king bench
ccxxviii the queen and the bishop OF Gloucester case the queen recover in a  quare hinder against the bishop of Gloucester and one S in which quare hinder  the bishop plead as ordinary sure quod ipse nothing to have nec to have  proclaim in church predict neq in advocation the same nisi admission  institution c and now the bishop and S the incumbent bring a writ of error and  if this writ of error bring joint by the bishop and the incumbent be well  bring be the question some hold that the bishop have not cause to bring error  for that he have disclaim in the church and the patronage of it for if in a  praecipe quod To give back the tenant disclaim he shall never have a writ of  error e Fitzherbert error and note that in the writ of error at the bar the  perclose be ad grave damnum Episcopi whereas the bishop can not be grieve by  the say judgement because he have nothing nor claim any thing in the church c  Wray the writ of error have be the better if those word ad grave damnum  Episcopi have be leave out for the bishop have lose nothing and it be object  by some if the judgement in this case be reverse the usual judgement can be  give sure that the bishop shall be restore to all which he lose c Wray the  bishop shall join for conformity of law and for privity of record and the plea  of the bishop be not so strong as a disclaimer for in case of a disclaimer the  judgement be that the plaintiff shall take nothing by his writ but in the case  of the bishop here the judgement be quod to express grief recupere  praesentionem svan versus dictum bishop ad church prediction Leonard see h  Fitzherbert error and afterward in the principal case the writ of error be  award good trin Elizabeth in the king bench
ccxxx Hambleden and HAMBLEDENS case devise the case be William Hambleden the  father of the plaintiff and the defendant be seize of the land c and by his  will devise to his old son black acre to his second son white acre and to his  three green acre in tail and by his say will further will that in case any of  my say son do die without issue that then the survivor he each other heir the  old son die without issue c it be move by gawdy sergeant that the second son  shall have black acre in tail and he cite the case e propinquioribus heir de  sanguine a male child for the construction of such devise walmesley argue that  both the survive brother shall have the say black acre for the word of the  devise be who supervive which amount to uterque and the court be in great  doubt of this point and they conceive that the estate limit in remainder to  the survivor c be a feesimple by reason of the word each other heir and also  they conceive that both the survivor shall not have the land for the same be  contrary to the express word of the devise the survivor shall be each other  heir in the singular number see e Br devise a man seize of land have issue  three son and devise part of his land to his second son in tail and the  residue to his three son in tail and will that none of they shall sell the  land but that each shall be heir to the other the second son die without issue  the same land shall not revert to the old son but shall remain to the three  son notwithstanding the word each shall be heir to the other cro and hob Len  mich Elizabeth in the common plead
ccxxx hill Elizabeth in the common plead the sheriff take a obligation of a  prisoner bailable upon condition that he shall personal appear in the king  bench c it be hold a good condition not against the statute d h so if the  condition have be that he shall appear for to answer contrary that he shall  appear and answer for in the principal case the word personal be not of  substance for although he appear by attorney yet the condition be well perform  and judgement be give for the plaintiff Anderson to cry out against vide  Elizabeth b r Sedford and cut case Elizabeth in the common plead
ccxxx hoar and WRIDLESWORTHS case Hore bring a action of trespass against  Wridlesworth quare enclosed space house svan to break in pieces the defendant  plead and put the plaintiff to a new assignment I a house call a stable a barn  and Leonard another house call a carthouse and garnier and that be assign for  error for that assignment be not warrant by the declaration gawdy the same be  good enough for house in the declaration contain all thing contain in the new  assignment but if the declaration have be of a close and the new assignment of  a barn it have not be good Wray house be nomen proceeding by inference and  contain many building as barn stable c and so be the opinion of the whole  court mich Elizabeth in the king bench
ccxxx mich Elizabeth in the common plead a poor woman bring a action of  trespass for break of her close and declare of a continuance by year and upon  nothing to say have judgement to recover upon which a writ of enquiry of  damage issue forth and now come the woman and show to the court that the jury  have find too little damage sure but S whereas the land be worth per annum and  that the trespass have be continue for year and pray that the say writ may not  be receive and that the court will award another writ to have a better enquiry  of the damage but the whole court deny it for so there may be infinite inquiry  but some time at the request of the defendant when excessive damage be find or  any misdemeanour be allege in the plaintiff in procure or use such a writ of  enquiry of damage we use to relieve the defendant with a new writ but never  the plaintiff because it be his own act and by Rhodes the late countess of  Derby bring a writ of dower and have judgement to recover and she surmise that  Leonard her husband die seize and pray a writ of enquiry of damage and have it  and because too small damage be find she will have suppress the say writ and  procure another but she can not have it and at the last she be drive to bring  in the say writ which she do accord mich Elizabeth in the common plead
ccxxxi HASELWOODS case the case of haselwood a seize of land be indebt to the  king by obligation and feoff b of his land and the case of Fleetwood Elizabeth  be vouch where Leonard er p it be hold that in purchase the debtor of the king  be liable but by Pigot who I be of counsel with haselwood the obligation in  this case be make before the statute of h or otherwise he shall be charge  Elizabeth
ccxxxii BROKESBY against wickham and the bishop OF lincoln quare hinder in a  quare hinder the plaintiff count that Robert Brokesby be seize of the advowson  and grant the next avoidance to the plaintiff and Humphrey Brokesby and that  afterward the church become void and after during the avoidance Humphrey  release to the plaintiff and so it belong to he to present and upon this count  the defendant do demurrer in law for it appear upon the plaintiff own show  that Humphrey ought to have join with the plaintiff in the action for the  release be make after the church become void be not of any effect but utter  void so be the grant of the presentment to the church where the church be void  for it be a thing in action see the Lord dyer h man dyer Elizabeth dyer  Walmsley sergeant put this case two jointtenants of a rend the one may release  to the other but if the rend he behind now the one can release his interest in  the arrearage to the other and afterward in the principal case judgement be  give that the release be void Len cro Owen Popham mich Elizabeth in the common  plead enter trin Elizabeth rot
ccxxxii FARNAMS case farnam schoolmaster and other be indict upon the statute  of h for enter in house rectorae de Putney ac in cert land eiden to  domesticate part jacen in Putney c exception be take to the indictment because  it recite the two part of the statute expulsion and seize with force hold out  and there be not any offence in it contain as to one of they sure hold out and  although it be not necessary to recite the statute yet the party meddle with  it and do not apply it to the special matter the same be nought see for that  the case between strange and partridge blow Com the entry be suppose in house  that which is fixed land eiden to domesticate pertinent jacen in Putney which  be incertain as to the land and it be nought for the house also for it be not  show in what town the house be for this clause ac that which is fixed land  eiden to domesticate pertinent jacen in Putney be a distinct clause by it self  and refer only to the land and do not extend to the house as to the first  exception it be disallow for it be not like unto partridge case for there the  statute be recite which needs not and therefore be misrecited make the  indictment insufficient but here the statute be well recite and therefore as  unto that matter the indictment be sufficient as to the second exception the  justice be of opinion that the indictment in that respect be too general and  incertain Leonard er p the three exception be not allow for the latter word I  e in Putney do refer to the whole and extend as well unto the house as unto  the land but as to these word land to the say house belong see the case  between partridge and croker e where it be good enough because that the number  of the acre be set incertain and it be hold by the court that a schoolmaster  be a good addition for it be a mystery as a scrivener and afterward the  indictment for the house only be hold good before mich Elizabeth in the  chancery
ccxxxii sir William pelham case sir William Pelham be surveyor of the  ordinance and deliver of the king money to painter clerk of the ordnance it be  hold that for that money the queen may have account against painter see this  case before sect Leonard trin Elizabeth in the common plead
ccxxxiii sammes and pain case tenant by the courtesy in a ejection strong the  case be that the mother be seize of certain land have issue two daughter and  by indenture covenant with diverse person to stand seize to the use of  Elizabeth her old daughter in tail upon condition that the say Elizabeth shall  pay to her other daughter within a year after the death of the mother or  within a year after the say other daughter shall come to the age of eighteen  year l and if the say e shall fail in the payment of the sum aforesaid or  shall die without issue before such payment then to the use of the say second  daughter in tail the mother die e take husband have issue afterward die  without Leonard er p issue before the day of payment and if the husband shall  be tenant by the courtesy or not be the question and by the court clear he  shall be for as to the condition of payment of the say sum the same be not  determine for she die without issue before the day of payment sure before the  second daughter come of the age of eighteen year as to that there be no  condition break as to the point of die without issue the same be not a  condition Leonard but rather a limitation of the estate and the same be no  more than what the law say and the estate tail in Elizabeth be spend and  determine by the die without issue and do not cease or be cut off by any  limitation and afterward judgement be give for the tenant by the courtesy and  by Anderson if a feoff be make to the use of I S and his heir until I d have  do such a thing and then unto the use of I d and his heir the thing be do and  I S die his wife shall be endow I and Goldsb   mich Elizabeth in the common  plead
ccxxxiv Bowry and pope case see Angus v Dalton Q b d App Cas nuisance Bowry  bring a action upon the case against pope and declare that in the time of e  the dean and chapter of Westminster lease two house in saint martins in London  to mason for sixty year the which mason lease one of the say house to one a  and covenant by the indenture of lease with the say a that it shall be lawful  for the say a his executor and assign to make a window in the shop of the  house so to he assign and afterward in the time of queen mary a window be make  accord where no window be there before and afterward a assign the say house to  the plaintiff and now pope have a house adjoin have erect a new building super  solum Self pope ex opposing the say new window so as the new window be thereby  stop the defendant plead not guilty and it be find for the plaintiff and it be  move for the defendant in arrest of judgement that here upon the declaration  appear no cause of action for the window in the stop of which the wrong be  assign appear upon the plaintiff own show to be of late erect sure in the time  of queen mary the stop of which by any act upon my own land be hold lawful and  justifiable by the whole court but if it be a ancient window time out of  memory c there the light or benefit of it ought not to be impair by any act  whatsoever and such be the opinion of the whole court but if the case h d be  that the house soil upon which pope have erect the say building have be under  the estate of mason who covenant as abovesaid then pope can not have justify  the nuisance which be grant by the whole court roll blow query vers that which  divides mich Elizabeth in the common plead intrat mich Elizabeth rot
ccxxxiv mich Elizabeth in the common plead in a formedon the tenant plead a  fine with proclamation the demandant reply nul tiel record and the truth of  the case be that the record of the fine which remain with the chirographer do  warrant the plea but that which remain with the custos narrow places do not  warrant it and both these record be show to the court and Rhodes justice cite  a precedent Elizabeth where by the advice of all the justice of England where  such record differ the record remain with the custos narrow places be amend  and make accord to the record remain with the chirographer which Windham to go  away and afterward the say precedent be show in which be set down all the  proceed in the amend of it and the name of all the justice by who direction  the record be amend be set down in it and that the say precedent be write and  the amendment of the say record record by the commandment and appointment of  the say justice in perpetuan rei memory and the reason which induce the say  justice to make such order be here write because they take it that the note  remain with the chirographer be principal record Leonard mich Elizabeth in the  king bench
ccxxxiv PERCHALLS case Perchall be indict upon the statute of e cap for draw  of his dagger in the church against I S without say that be draw it to the  intent to stick the plaintiff and therefore the indictment be hold void as to  the statute and it be move if it shall not be a good indictment for the  assault so as he may be fine for it and by sand clerk of the crown and the  whole court the indictment be void for the whole for the conclusion of the  indictment be contra form to cause to stand and there the jury can inquire at  the commonlaw mich Elizabeth in the king bench
ccxxxix h in the common plead note by all the justice of the common plea that  if a man hold of the king in chief by knight service and also hold of another  lord by knight service and die his heir within age and the king seize the  wardship of the body and land and afterward the heir come of full age and  before livery sue the other lord grant over his seignory to another and the  heir attorns it be a good attornment and also seize of the service have by  such lord by the hand of such a heir before livery sue be good enough and  shall bind he afterward in a avowry c temps h vide h rot
ccxxxix long case note it be hold in this case if a feoff in fee be make of a  manor to which a advowson be appendant and livery be make in the demesne but  no attornment that in such case the advowson shall pass but none of the  service mich Elizabeth in the common plead
ccxxxix palmer and thorps case betwixt palmer and Thorpe the case be this a  man demise his manor of m for thirtytwo year and the day after let the same  manor for forty year to begin from Michaelmas after the date of the first  lease and the tenant attorned and by cook the same be a good grant although to  begin at a day to come for it be but a chattel and so be the opinion of Wray  chief justice for a lease for year may expect its commencement as a man seize  of a rend in fee grant the same for twenty year from mich follow and good for  no estate passes present but only a interest see h dyer cro Leonard hill  Elizabeth in the king bench rot
ccxxxix sir anthony Dennis case sir Anthony Denny seize in fee of the manor of  Chessam extend into Chessam and in the town of Hertford and also of other land  in Hertford by his last will devise the manor of Chessam to Henry Denny his  son and heir in tail and his land in Hertford to Edward Denny his young son c  it be hold by Walmsley periam and Windham absent Anderson that the young son  shall have that part of the manor of Chessam which lie in the town of Hertford  another point in the case be that upon the death of sir Anthony a office be  find without any mention of this devise for which cause the queen seize and  lease all the land so devise to a stranger during the minority of the heir the  heir come of full age and have livery of the whole and without any express  entry leas the land for year render rend the lessee enter and pay the rend to  the heir the heir die the lessee assign over his term and the rend be yearly  pay to the right heir of sir Anthony and now Edward Denny enter and per curian  his entry be lawful for if the heir enter in this case and many descent follow  yet the devisee may enter at any time for his entry do not make any abatement  or wrong but may well stand with the devise for if the devise be wave or the  devise that defer the execution of the devisee it be reason that the heir  enter and take the profit until the devisee enter but if a stranger abate  after the death of the devisor and die seize the same shall take away the  descent lmst a b cro owe trin Elizabeth in the KINGSBENCH
ccxxxv mead and CHENEYS case mead bring a action of debt upon a bind against  Cheney executor of one Skipwith and recover and upon a become facias the  sheriff do return devastavit and it be move to have a elegit and the justice  will advice of it and afterward at another day a precedent be show to the  court of Elizabeth and thereupon the elegit be grant trin Elizabeth in the  king bench rot
ccxxxv sir gervase Clifton case in a quo warranto against sir gervase Clifton  it be show that the say sir gervase be seize of a manor and of a house in  which he claim to have a court with view of frankpledge and that he without  any grant or other authority to seize for use freedom prediction the defendant  plead quod non to seize for use freedom prediction infra messuagium predict  modus form and upon that there be a demurrer in law for the defendant ought to  have say non to seize for use freedom prediction nee the dawn aliquan for he  ought to answer one by one and also he ought to have plead as well to the  manor as to the house for if the defendant have hold court within any place  within the manor it be sufficient see h Br Franc sans Ceo a information be in  the exchequer that the defendant have buy wool of a b contra to cause to stand  the defendant plead that he have not buy of a and b the plea be not allow but  he shall plead that he have not buy modus form for if he have buy of a b or I  S the same be not material nor traversable which case cook deny to be law and  he also conceive that the information upon the quo warranto be not sufficient  for by the same the defendant be charge to hold a court and it be not show  what court for it may be a court of pipowders turn c see e send for shoot  justice the quo warranto contain two thing in it self a claim and a usurpation  and here the defendant have answer but to the usurpation but say nothing to  the claim and it have be hold in this court heretofore that he ought to answer  to both and he say that it have be hold in a read upon the statute of quo  warranto which be suppose to be the read of justice frowick that a quo  warranto do not lie upon such liberty which do not lie in claim as felon good  c which lie only in point of charter Len Leonard mich Elizabeth in the king  bench
ccxxxvi Tompson and traffords case in a ejection strong the case be that the  warden and fellow of new college in Oxford Elizabeth lease a mansion house in  the burrow of Southwark to one standish for year and afterward october  Elizabeth they demise the same mansion house to the say standish for year to  commence the Michaelmas after and the stat of Elizabeth cap and Elizabeth cap  be also find and if this second lease shall be say a lease in reversion and so  be void by the statute of Elizabeth be the question foster move that it be a  lease in reversion for the first lease do continue until Michaelmas and so be  the opinion of the justice of assize at the trial touse contrary for when  standish accept the second lease the same be present a surrender of the former  lease for he give power unto the lessor for to contract for the house present  and to that purpose he cite Corbets Leonard er p case Elizabeth coke it be a  surrender present for you can apportion the term it be adjourn Poph Leonard  mich Elizabeth in the king bench
ccxxxvii mich Elizabeth in the common plead it be hold by all the justice in  the common plea that the queen may be put out of possession of a advowson by  two usurpation and shall be put to her writ of right of advowson as a common  person shall be for it be a thing transitory and if the queen after such  usurpation grant the advowson the grant be void and so it be adjudge
ccxxxvii mich Elizabeth in the king bench a writ be award out of the court of  admiralty against sir though Bacon and sir though Heydon to show cause  wherefore whereas the earl of Lincoln late high admiral of England have grant  to they by patent to be vice admiral in the county of Norfolk and Suffolk the  say letter patent ought not to be repeal and annul and so the say writ be in  the nature of a to know facias it be move by cook that although the admiral  have but a estate for life yet the patent do continue in force after his death  as the justice here of the common plea although they have their place but for  life may grant office which shall be in force after their death and because  the same matter be determinable at the commonlaw he pray a prohibition for in  the admiralty they will judge accord to the civil law the court give day to  the other side to show cause why the prohibition shall not be award
ccxxxvii smith and lane case copyholder determine by acceptance of a lease  bargain and sale and consideration of it the queen be seize of a manor whereof  Bl sharp be hold by copy in fee the queen lease Bl sharp to b for one and  twenty year who assign the same to the copyholder who accept of it the queen  grant Bl sharp to c in fee the term expire c enter and his entry be hold to be  congeable for by acceptance of the same term the customary estate be determine  as if the copyholder have accept it immediate from the queen it be also hold  by the court that a lease for year under the seal of the exchequer may be  plead and that without make mention of the commission by which the court of  exchequer be authorize to make such lease and so be all the precedent as well  in this court as in the court of exchequer and whereas the court be upon the  point of give their judgement it be object by Shuttleworth sergeant that here  be plead a bargain and sale of land without say pro a certain money summa and  he stand much upon the exception and the court also doubt of it and demand of  the prothonotories what be their form of plead and by Nelson chief  prothonotary these word pro a certain money summa ought to be in the plead  scot prothonotary contrary Anderson conceive it be either way good but pro a  certain money summa be the best and so Leonard custos narrow places conceive  and the opinion of the justice be that a bargain and sale for dive cause and  consideration be not good without a sum of money and by Windham bargain and  sale pro a certain money summa although no money be pay be good enough for the  payment or not payment be not traversable and by periam if pro a certain money  summa be not in the indenture of bargain and sale yet the payment thereof be  averrable and for this exception the judgement be stay     mildmay case mich  Elizabeth in the exchequer chamber
ccxxxvii wood and avery case debt upon a bind by wood against Avery the  condition be that where the plaintiff have demise to the defendant for term of  year two message c if the defendant at all time during the term shall maintain  sustain and repair the say two message with good and sufficient reparation  that then c and the defendant plead that he have perform the condition in all  but as to one kitchen which be so ruinous at the time of the demise that he  can not maintain or repair and therefore he take it down and rebuild it again  in so short a time as he can possible in the same place so large and so  sufficient in breadth length and height as the other kitchen be and that the  say kitchen all time after the reedify of it he have sustain and maintain and  well repair and demand judgement c upon which plea the plaintiff do demurrer  in law and by the court the plea be a good plea if it be in a action of waste  but here where be have by his own act tie himself to a inconvenience he ought  at his peril to provide for it and here it be say that if the condition be  impossible the bind be single contrary where a man be charge by a Act in law  mich Elizabeth in the common plead
ccxxxviii Bostwick and BOSTWICKS case Dorothy Bostwick bring dower against  Bostwick a infant and the case be that the husband of the demandant be seize  of certain land hold by knight service of m c and by his last will devise two  part of the premise to his executor during the nonage of his heir and die his  heir within age after who death m c enter into the three part descend as  guardian in knightsservice and the executor into the other two part upon which  the demandant bring one writ of dower against the guardian to be endow of the  three part and another writ of dower against the heir within age in who the  freehold of the two part be the heir appear by attorney plead to issue which  be find for the demandant but the judgement be afterward reverse because the  heir be within age do not appear by guardian but by attorney for which cause  she again bring a writ of dower against the heir and the sheriff do return he  summon but the heir make default for which cause the court be move in the  behalf of the demandant to have the aid of the court in this case for if upon  default of the tenant a grand cape shall issue forth and so a recovery by  default shall follow the same will be error which see h Br liver defaul and  therefore it be pray that some person be appoint guardian to the heir who may  appear and plead for he for otherwise the demandant be at great mischief for  the guardian now will not suffer the heir to appear in person and if the widow  now demandant shall stay for her dower until the heir shall come of full age  it will be a great mischief but by walmesley periam and Windham we can appoint  a guardian to the heir for big appearance here unless the heir be here in  person in court before we and he be appoint to be bring in person into court  ante Leonard er p Leonard mich Elizabeth in the commonplea
ccxxxviii mich Elizabeth in the common plead the case be tenant in tail the  remainder over to another in fee make a lease for life accord to the statute  and afterward die without issue and afterward he in the remainder grant his  remainder by fine before any entry Leonard and by Fenner the conusee can now  enter upon tenant for life nor avoid his lease for by the livery to the tenant  for life a freehold passes which can be avoid without a entry as if a parson  make a lease for life render rend and die the successor accept the rend now  the lease be affirm vide e and then when before any entry be in the remainder  grant his remainder the grantee shall have it but as a remainder and so the  estate of the tenant for life which before be voidable be now make good and so  it be hold by Windham and periam but by mead and dyer by the death of tenant  in tail without issue the lease for life be become void for the estate out of  which the estate for life be derive be determine by the die without issue ergo  c vide h a lease for life be make upon condition that if the lessor pay to the  lessee at such a day that his estate shall cease now by the performance of the  condition the estate be determine without any entry Leonard er p
ccxxxviii mich Elizabeth in the king bench account be bring by Harris against  baker and damage be give by the jury it be move to the court that damage ought  not to be give by way of damage but the damage of the plaintiff shall be  consider of by way of arrearges but see the case hill Elizabeth n c b betwixt  collet and Andrews and yet h in account the plaintiff count to his damage but  do not recover damage h h the plaintiff shall not recover damage express but  the court shall give a certain growth to the arrearage Leonard cook say that  it have be adjudge that the plaintiff shall recover damage in a account ration  implicationis non detention Len ante post Leonard er p mich Elizabeth in the  king bench
certain land for ninetynine year to b and c under the rend of a peppercorn  upon trust that they shall redemise they in the follow manner videlicet to a  for ninetyeight year and eleven month if he shall live so long reserve the  rend of a peppercorn only during the life of a and after his decease a rend of  pound per Ann during the life of his wife as a jointure for her and after her  death a peppercorn for the residue of the term b and c redemised accord a die  indebt pound by bonddebt and pound by simple contract and leave not above  pound personal estate on a bill bring by the creditor to have this term make  asset it be hold by three judge the master of the roll and my Lord chancellor  that this term be raise for a particular purpose can not be liable to any  other debt than the inheritance be and decree accord pasch Baden all and the  countess dowager of Pembroke vern
CHADLY and stinch Trin car banc Reg mich car rot error to reverse a judgement  in a action upon a assumpsit Stinch bring a action upon the case upon a  assumpsit in the common plea against Chadli and have a verdict and a judgement  Stinch bring a writ of error here to reverse this judgement and assign for  error that there be return upon the jury and but two of they try the issue  that part of declaration to ground the assumpsit be in another county and not  within the jurisdiction of the court where the issue be try and for these  error the judgement be reverse except cause shall be show to the contrary  Thursday next
CHADOCK and laughton how far the court will set aside a judgement by reason of  a variance between the latitat and the declaration Mr Parker move to set aside  a interlocutory judgement for a variance between the latitat and the  declaration the latitat be by the name of Cradock the declaration by the name  of Chadock accord the court make a rule to refer this matter to the master
CHADRON against harris if the ecclesiastical court proceed in a matter that be  mere spiritual and pertinent to their court accord to the civil law although  their proceed be against the rule of the commonlaw yet a prohibition do not  lie as if they refuse a single witness to prove a will for the conusans of  that belong to they and agree also that if a man make a will but appoint no  executor that that be no will but be void but if the ordinary commit the  Administration with that annex the legatory to who any legacy be devise by  such will may sue the administrator for their legacy in the spiritual court  note p James b r peep case a prohibition be deny where they in the spiritual  court refuse a single witness in proof of payment of a legacy
Chadwell and bruer how far the court will not direct that proceed upon a  bailbond shall be stay after judgement this be a action of debt upon a  bailbond and the plaintiff get judgement and execution of the penalty now the  court be move to make a rule that it may be refer to the master to see what be  due in conscience and that the overplus may be return the court say if you  have come before judgement we can have help you but now you have relief only  in equity another thing be move and that be that the plaintiff attorney bill  may be tax but the court say that a person may move to have Barnardiston king  b his own attorney bill tax but not the attorney of another person
Chadwick vers allen upon demurrer to a declaration on the follow note it be  hold to be a note within the statute I do acknowledge that sir Andrew Chadwick  have deliver I all the bind and note for which l be pay he on account of  colonel sing and that sir Andrew deliver I major Graham receipt and bill on I  for l which l and l S balance due to sir Andrew I be still indebt and do  promise to pay judgment pro quer strange pro to ward off
CHAFFEN v will Dec a application by motion to discharge a order for a  commission to examine witness on a master certificate a question arise whether  the mode be by take exception to the certificate or by motion Lord Hardwicke c  hold the present to be the proper mode
chafin against BETSWORTH custom of the manor not extend out of the manor ante  post trespass for break his close call the marketplace and erect a stall there  the defendant justify by the custom of the manor for all tenant to erect stall  there per Lord Mansfield I burrow award be now consider with great latitude  and less strictness than they be former and it be right that they shall be  liberal construe because they be make by judge of the party own choose and be  declare against critical nicety in scan award make by judge of the party own  choose by the English stat W m c and the Irish stat Ann c the heir be make  liable for the value of the land sell before action bring levinz er p to sell  their good and that the defendant be a tenant and a butcher erect a stall to  sell flesh on which the plaintiff demurrer and it be object that the plea be  ill because it be not say that the marketplace be within the manor and then  the custom of the manor can extend whereto but hereto it be answer and allow  by the court that see it be say the customof the manor be to erect stall  inpred loco in quo and c this be a sufficient averment that the locus in quo  be within the manor object that the custom be to erect stall levinz for sell  their good and the plea be that he erect a stall to sell flesh and do not say  his flesh and it may be a stranger flesh as in cro James burser against Martin  trespass for take a horse from the person of the plaintiff and because it be  not say his horse judgement be give for the defendant and so it be rule to be  do in this case but note it seem to be a bare case the court recommend it to  the party to agree to amend the plea and to go to trial on the merit of the  cause which they accord do
chairman and Edward how far money can be bring into court in a action find  upon a tort in a action of trespass bring for the mean profit after a recovery  in a ejectment Mr Hatsel move to bring money into court and that it may be  strike out of the declaration but the court say this be a action find upon a  tort and therefore refuse the motion
Chalfont against oak November contingent remainder of a term a termor grant  the estate in trust for himself for life and after for his wife for life and  after to their child or child for their life and after to I S and whether the  trust to I S be good the Lord keeper take time to advice and now deliver his  opinion that it be good but if it have be to the heir of their body it have  not be a good trust after such limitation to any other he say that in this and  the like case the chancery alter the law for at commonlaw till weldons case in  Plowdens commentary judgement be give against the limitation by devise for a  term to one for life the remainder to another and so over but the chancery  decree these limitation good but if it be in such manner as to make a  perpetuity that may neither be in law nor chancery
CHALKEN against janson east geo barn S c process with notice to appear on the  appearance day Vid Janet v Foyer ante p and case there cite cook a copy of  process serve with notice to appear at the return be the rd of October whereas  the same shall have be the returnday which be the Sunday before upon a motion  to stay the proceed the court grant a rule to show cause in easter term follow  the rule be discharge upon hear counsel on both side the defendant be too late  in make application for he do not complain to the court till after judgement  sign
challenge against fox mich geo Writ of supersedeas to a allocatur to the  exigent can not be seal in the morning of the day whereon the allocatur be  returnable be holiday but be seal and bring to the sheriff office London in  the afternoon about half a hour after defendant be return outlaw the proceed  be by special original in a action on the case on promise wherein the damage  be express require bail motion and rule to show cause why defendant shall not  have leave to appear and supersede the exigent on payment of cost upon show  cause the court be not Willing to strip the plaintiff of a advantage which he  have fair and regular obtain before a defendant be return outlaw he may  supersede the exigent though find on a special original and though the debt be  ever so large as the old practice still continue but after he be return outlaw  he can reverse the outlawry without bail who be to be absolute bind to pay the  money without power to render the principal in their discharge order that  proceed on the outlawry be stay on payment of plaintiff debt and cost within a  month but in default rule discharge and plaintiff at liberty to proceed on the  outlawry prime for defendant pool for plaintiff oyer c
challenge in trespass by blunt and Lister against delabere they be at issue  and now the inquest appear ready to pass Walmisley this inquest you ought not  to take for it be favourable make by the sheriff which be within the distress  of one of the plaintiff and show how the sheriff hold certain land of a man  nor now in question whereof Lister have possession and also bath certain land  for term of year of he and the plaintiff move that be ought to take one cause  only curian he man that allege both for the challenge be that he be within the  distress and the allegation be but evidence to prove it and then the plaintiff  say not within his distress whereupon the court appoint trier and the  defendant sa ed that all the jury be favourable and pray trier de A standing  round gawdy that can be but only in a assize and cite Edward curian we can  appoint other trier in this case but only of the juror wherefore let the four  and seven be trier but you may refuse they and take other if you will and  thereupon the defendant refuse the four whereby the three be appoint and they  find the array favourable make and therefore it be quash
Challenor versus clayton the title in a avowry be to be travers d in replevin  the defendant avow for rend and declare that he be possess of a term for  several year then and yet to come and make a lease to the plaintiff render  rend the Comberbach plaintiff reply nil to have in property to which the  defendant demurrer because he ought to have traverse the title set forth in  the avowry it be necessary in this action to set forth a title and therefore  it differ from a action of debt for rend for that be a personal action the  title need not be set forth and if it shall will be unnecessary and therefore  need not be answer as it ought to be in this case and the case of simons  versus PashLev James be cite as authority in point and the court incline to  that opinion say adjournatur
Challevor versus Thomas mich James a writ of error be bring upon a judgement  give in ejectment in the court of Carmarthen and Yelverton assign the error  because the ejectment be bring de aquae lesson call Lothar in l and declare  upon a lease make by d de in rivulet aquoe lesson and by the opinion Brownlow  goldsborough of the whole court the judgement be reserve for rivulet seu aquae  cursus lie not in demand nor do a precipe lie of it nor can livery and seize  be make of it for it can be give in possession but as it appear by h the  action ought to be of so many acre of land cover with water but a ejectment  will well lie of a sting for a precipe lie of they and a woman shall be endow  of the three part of they as it be e but if the land under the water or river  do not pertain to the plaintiff but the river only then upon a disturbance his  remedy be only by action upon the case upon any diversion of it and not  otherwise quod notam a servant be a sufficient ejector if he dwell with the  pretend owner
challis v Casborn equity case abridge er the plaintiff as assignee of a  statute of bankruptcy bring his bill to redeem a mortgage of the manor of  Newington in ken make by the bankrupt to the defendant the defendant by answer  insist that he first lend the bankrupt pound on a mortgage of a particular  tenement and afterward lend he pound on a mortgage of the manor of Newington  which be of better value than the money due but the first mortgage be  deficient in point of value and it be hold that if the plaintiff will redeem  one he must redeem both hill pope and Onslow vern if a man have a debt owe to  he by mortgage and another on bind from the same person he can tack they  together against the mortgagor but he shall be let into a redemption on  payment of the mortgagemoney only but the heir in such case shall not be let  into a redemption without payment of both because the land in his hand be  Chargeable with the bind even at law and since the statute against fraudulent  devise the devisee of the equity of redemption be in the same case with the  heir and can redeem without payment of both because the statute make such  devise void as against creditor and then the devisee stand in the same place  as the heir must have do if no devise have be make but before that statute  such devisee will not be liable to the BondDebt Trin Geo challis and Casborn  SC but not S p ante Prec in Chan S c say it be so say by Mr Vernon and agree  to by the court pale yellow Eq Rep SC in as many word with Prec in Chan vide  vern where it be hold that the mortgagor himself must pay both bind and  mortgage but Q and whether there be any difference when the mortgagor come to  redeem and when the mortgagee bring a bill to foreclose that the vendee or  devisee of the equity of redemption be not oblige to pay both before the  statute against fraudulent devise be resolve hill Baily and Robinson
Challoner against Hobbs the plaintiff in a replevin have judgement and a writ  of enquiry of damage in the common bench the defendant bring error then the  writ of enquiry be return in the common bench and judgement there give of the  damage and the plaintiff move in the common bench that he may proceed to  execution for the damage and award that he may proceed Mr brown say that this  be the course upon error u on a interlocutory judgement to move the superior  court where error be bring for a rule to proceed in the inferior court  notwithstanding the error bring we die Rep Elizabeth h h
Challoner against ware a man make a lease for year reserve a certain rend  Payable at the Feast of saint Michael and for default of payment at the say  day and by the space of day after that it shall be lawful to the lessor to  reenter without any demand of the rend the rend be in arrear by day after the  Feast of saint Michael and no demand of the rend make by the lessor whereupon  the lessor enter if that entry be lawful be the question and by Hutton it be  not for a demand of the rend be give by the commonlaw between lessor and  lessee and notwithstanding the word without any demand it remain as it be  before and be not alter by they but if the rend have be reserve Payable at  another place than upon the land there the lessor may enter without any demand  but where no place be limit but upon the land otherwise it S Richardson to the  contrary for when he have covenant that he may enter without any demand the  lessee have dispense with the commonlaw by his own covenant as the lessor may  by his covenant when be make a lease sans impeachment dl waste he have  dispense with the commonlaw which give the action of waste Harvey of the same  opinion if a man lease land for year with a clause that if the rend be in  arrear by forty day after the day of payment that the term shall cease if the  rend be in arrear by the say forty day after the day of payment the lessor may  enter without request
Challoner versus clayton pasch will S c cite in ld raym S C Mod in replevin  the defendant avow and do not set forth any title not good see before rend in  replevin the defendant avow for rend set forth that he be possess of a house  for several year yet to come and be so possess he demise it to the plaintiff  for one year render rend c the plaintiff reply that the defendant nothing to  have in property the defendant rejoin quod saris to have c and upon a demurrer  to this rejoinder Mr Northey move to amend it for that he can not make good  his avowry there be no title set forth it be true in a action of debt for rend  reserve upon a lease the defendant may plead nothing to have in property and  the plaintiff in his replication may show title because quod cum to send  different ways be a sufficient allegation in a declaration but in a avowry a  title shall be show and therefore it be not proper in a rejoinder a see  freeman v jug postea a it be enact by stat g ch that defendant in replevin may  avow general that the plaintiff hold under such a article c at such certain  rend during the time that the rend so distrain for incur which rend still  remain due without set out the grant tenure or title of such landlord if the  defendant avow under this statute nil hab in tenem be a inadmissible plea will
cham and tailor usury error of judgement on single bill the defendant plead  usurious agreement that the plaintiff lend the defendant l and if the ship  return to pay l to which the plaintiff demurrer per curian this be good and  bare bottomry
chamber against hunter covenant Jones pray a repleader in a action of covenant  for nonpayment of fraught the defendant plead another covenant in bar that the  ship be to be bring as near the city of London as can be on which the  plaintiff take issue and verdict for the defendant in which case the plea be  insufficient the defendant can never have judgement as payment plead to single  bill find for the defendant   Nichols Det Br and in this case the fraught be  to be pay on discharge of the ship and another covenant to discharge as near  as can be c which be collateral covenant the court agree the difference say  adjornatur
chamber against WARKHOUSE trover de young dog little dog not say of what sort  and One amphora taste good cro car lev lev ray side trover among other thing  de sex young dog quatuor little dog One amphora taste after verdict for the  plaintiff and entire damage it be move in arrest of judgement by levinz that  calulis signify whelp little dog little whelp of any sort either of dog bear c  and non constat of what kind they here be and no property can be of whelp also  the word taste signify savour whereof no action lie and the damage be entire  no judgement can be give but the court on the first motion rule judgement for  the plaintiff nisi causan c for they will intend they dogwhelp and trov rhad  be maintain for a dog and as to the word aporis they will intend the damage to  be give for the amphora and nothing for the word taste but afterward it be  move again and the follow authority be citedpro con in the case hob trespass  for take de to make one cane v enatico die trover do not lie of a hawk except  it be show to be reclaim cro car sir Martin leister the translation take no  notice of these word in the original puis Le jour promise et Le declaration be  pour money receu levinz er p against home accord but cro car sir Francis  Vincent against Lesney trespass lie for strike his hawk without show he be  reclaim cro James Grimes vers stack trover lie of muskcat and of monkey  because they be merchandise and for the same reason levinz it hasheen adjudge  that trover lie of negro cro James Wadhurst against dam trespass for kill his  mastiff and ibidem trespass for take be greyhound and collar Inst in the time  of e trespass for take his two greyhouds owe assumpsit to deliver a dog cro  Elizabeth property in a dog roll I Abr page sect that trover lie of a spaniel  and afterward judgement be give for the plaintiff
chamber against wollaston hill car banc Reg mich car rot demurrer upon the  custom of London plead chamber bring a action of assault and battery and false  imprisonment against Wollaston Wollaston plead a special plea of justification  by virtue of a custom in the city of London whereby he have authority to take  and imprison he for disturb a election of warden of a company and until he  will promise not to disturb such election afterward to this plea the plaintiff  demurrer and take these exception the custom plead be against law for it  appear not that there be any suit depend either by bill or indictment or  otherwise and so the custom be against law stat e c e c and so be the petition  of right car and though the custom of the city of London be confirm by statute  law yet illegal custom be not confirm that the judgement be against law for by  the judgement no remedy be give for the offence commit to the party against  who it be commit but only that the to hit shall be imprison until be promise  not to disturb election again that the party commit be not within the custom  by the defendant own show that the custom set forth be not prosecute for the  commitment be not for the disturbance but because the party will not promise  not to disturb again that the detention of the party in prison be against law  hale of council with the defendant desire time to argue and the court desire  to have book
chamber and pattinson administrator in trover by the administrator for  conversion mean between the death of the intestate and the administration  commit Thomson except in arrest of judgement that this conversion be before  the administrator title send non allocatur for the administration shall relate  to the death of the intestate and judgement for the plaintiff
chamber and Robinson how far special bail need not be give in a action of debt  which be bring upon a judgement the plaintiff recover in a action bring  against the defendant for a malicious prosecution upon which judgement he  bring a action of debt and recover and upon that judgement bring another  action of debt now the question that come before the court be whether the  defendant shall give special bail in this case and the court determine that he  need only find common bail for they say that this three action be only  vexatious and for the same reason that special bail shall be require in this  three action it may be require in infinitum though indeed they say in the  first action bring upon a judgement they will allow it
chamber case it be say in this case that in debt upon a recognizance  acknowledge in chancery or in any other court the defendant can demand oyer of  the condition for the recognizance be not in court as a obligation be when  debt be bring upon it but if debt be bring upon a recognizance acknowledgedin  this court then the defendant may demand oyer of the recognizance the same  term in the same court
chamber contra Greenhill car foe bill of review because the plaintiff can now  prove a tender and refusal which he can not prove before dismiss a bill of  review bring by the plaintiff to reverse the decree in this Cause the  plaintiff will now examine to a matter of tender and refusal which he can not  prove before the hear but since the decree sign and enrol he can prove it the  court order precedent to be search which be produce by the plaintiff his  lordship declare the say chancery report precedent seem of no weight to the  plaintiff purpose and dismiss the bill of review
chamber contra Greenhill Julii Lord keeper Bridgman a demurrer be to a bill of  review exhibit on new matter for that it ought not to be admit where the  matter be of the knowledge of the defendant at the time of the answer and hear  though there be then no proof of it but afterward the proof come to light and  herein be cite colt colt where the defendant set forth deed that make a Title  per answer but be lose afterward and a decree against they but come to  chancery report light afterward the bill of review be admit but the Lord  keeper say this case be not like the other and so in effect dismiss the bill  but then have time to produce precedent
chamber v Robinson June if exception be allow plaintiff amends his bill  without cost of course where a defendant submit to exception or exception on  argue be allow the plaintiff have a right of course to amend his bill without  cost he amend the defendant copy Bunbury er p
chamber vers Robinson there can be special bail in a second action on a second  judgement and after defendant have two term without be charge he shall be  discharge as to the first the defendant after judgement surrender himself in  discharge of his bail and lie two term without be charge in execution during  which time the plaintiff bring a action of debt upon the judgement and after a  recovery in that action the defendant lie two term more without be charge and  the plaintiff bring strange report er p another action of debt upon the second  judgement whereupon the defendant move for a supersedeas as to the two first  action and that common bail may be accept in the last and upon consideration  both be grant it be agree that in the first action of debt on judgement  special bail may be require wright v Kerswill barn vide hall v how be post de  la Courgh v read h black but the court say it will be a handle of oppression  if they carry it any far
chamber versus Nosworthy ante June prohibition the rule for a prohibition be  set aside be obtain by the plaintiff after a appeal by he bring where there be  concurrent jurisdiction
chamber versus sir John Jennings hill Ann B R S c Faresl prohibition to the  court of honour vide Lutw parliament case to show lev Mod side keb c hawk Lutw  a suit by libel be in the court of honour for these word videlicet you a  knight I be a pitiful inconsiderable fellow and a rule be make to show cause  why there shall not be a prohibition against which it be urge that there will  be no remedy in this case if this be not allow holt c j doubt whether there be  or can be any such court but say a prohibition will lie to a pretend court and  after no one precedent can be find of such a suit for word in the court of  honour the prohibition go absolute
chamber versus sir John Jennings hill I Ann salk SC Farresl VideLutw  parliament case to show lev Mod side keb c hawk libel in the court of honour  for these word videlicet you a knight you a pitiful inconsiderable fellow and  a rule be to show cause why there shall not be a prohibition holt c j doubt  whether there be or can be any such court No precedent can be find of such a  suit for word in the court of honour the prohibition go absolute
chamberlain and BIDIREL Thursday october arbitrement in a action upon the case  on several promise to four on a award and entire damage north solicitor except  in a arrest of judgement that the three arbritators award the defendant livre  for salary and the defendant pay livre to the plaintiff one of the four which  he have not pay which be ground on a joint account of five which be to be  state which be not nor say to be in satisfaction of the four also this be not  say the salary agree on but per curian this will be intend accord to agreement  but as to the assumpsit be to four one can bring a action as style pl on a  assumpsit to the father to pay to the son the action must be bring by the  father especial because the Keble father be to Keble er p settle and here the  defendant on which the promise be make be due to all four but the promise may  thus be maintain by the son on evidence also in consideration a and b who  cattle be distrain will pay the defendant promise to deliver the cattle  adjudge the action lie joint as make but if it have be lie several the  evidence may have maintain it style pl also Rippon and Nortons case cro a  assumpsit to the father to pay the son beat livre in debt be hold good by the  son because the whole consideration do rise from he and so not like the case  in question so Clemens and Patison where c ex part of himself and the part  owner submit and p ex part of the master and mariner the award be that c pay  to p to the use of himself and the part owner adjudge good but in all these  case the party concern may have debt on the award and per curian it be stay
chamberlain OF London against jones and Edward London Jones pray certiorari  whereby judgement on a bylaw against the defendant as supernumerary carman may  not be file to the intent that it may go back without procedendo this have in  c b and here be adjudge a good bylaw which the court agree and it be grant  post
chamberlain vers harvey S C Carth with the argument of counsel Mod entry vol  No man can have property in the person of another while in England there  before trespass will not lie unless with a per quod for take a negro slave in  England trespass lie for the take a apprentice trespass for take of a negro  price the jury find a special verdict that the father of the plaintiff be  possess of this negro and of such a manor in barbados and that there be a law  in that country which make the negro part of the real estate that the father  die seize whereby the manor descend to the plaintiff as son and heir and that  he endow his mother of this negro and of a three part of the manor that the  mother marry Watkins who bring the negro into England where he be baptise  without the knowledge of the mother that Watkins and his wife be dead and that  the negro continue several year in England that the defendant seize he c and  after argument at the bar several time by sir Bartholomew shower of the one  side and Mr do you of the other this term it be adjudge Lord Raymond that this  action will not lie trespass will lie for take of a apprentice or to hang  exposed to the air a abbot may maintain trespass for his monk and any man may  maintain trespass for another if be declare with a per quod slavery to send  away but it will not lie in this case and per holt chief justice trover will  not lie for a negro contra to keb lev butt v penny hill will mark c b between  jelly and Cleve adjudge that trover will lie for a negro boy for they be  heathen and therefore a man may have property in they and that the court  without averment make will take notice that they be heathen ex relation mri  place pasch Ann B R smith v gold post adjudge that it lie not Lord Raymond er  p
chamberlain versus harvey to go into Trin W adjudge Hillary Mod SC I Danv pl  trespass will not lie for take away a negro vide lev keb raym salk cro  Elizabeth cro James cro car march hob trespass c for that the defendant way  arms One  an Ethiopian England peremptory or urgent call a negro Self to  express grief price l at London c take and carry away and keep the plaintiff  out of possession of the say negro from that time usque they exbibitionis  billae predict per quod he the plaintiff lose the use of his say negro Carthew  upon not guilty plead the jury give a special verdict the substance whereof be  as follow sacred scripture they find that the negro have be baptise after the  take c and the matter be argue upon that point videlicet whether the baptism  be a manumission and as to that the court give no opinion say per curian a  action of trespass will not lie because a negro can be demand as a chattel  neither can his price be recover in damage in a action of trespass as in case  of a chattel for he be no other than a slavish servant and the master can  maintain no other action of trespass for take his servant but only such which  conclude per quod slavery to send away in which the master shall recover for  the loss of his service and not for the value or for any damage do to the  servant judgement quod to express grief nil to take in hand per billam
chamberlain versus Hewson hill W salk Mod roll Abr pl more pl more roll Rep  Bulst Noy cro Elizabeth roll Abr pl pl cro car Mod mrs Hewson the wife of  colonel Hewson obtain a sentence with cost in the spiritual court against mrs  chamberlain for adultery with her husband colonel Hewson release the cost to  mrs chamberlain notwithstanding which mrs Hewson prosecute her there for the  cost upon which it be move here for a prohibition and it be urge contra that  the principal matter be of ecclesiastical conusance and that they ought not to  be hinder to determine a matter which be incident and necessary et per holt  c j by the husband S release she be bar in this case so it be if husband and  wife be divorce a month thoro and a legacy be leave to the wife and the  husband release it for the marriage continue and the husband have all her  right but if the husband and wife be divorce a month thoro and the wife have  alimony and sue for defamation or other injury and there have cost the husband  S release shall not bar the wife for these cost come in lieu of what she have  spend out of her alimony which be not in the husband S power holt KB er p
chamberlain versus Hewson hill will B R Ld Raym 73 S C Mod Mod husband may  release cost adjudge to the wife in the spiritual court unless there be a  separation and alimony allow roll Abr pl more pl roll Rep Bulst Noy cro et  roll Abr pl pl case B R S C holt cro car Mod mrs Hewson the wife of colonel  Hewson sue mrs chamberlain in the spiritual court for adultery with her  husband and obtain a sentence against her and cost colonel Hewson release  these cost to mrs chamberlain notwithstanding which mrs Hewson prosecute her  in court Christian for the cost upon which it be move here for a prohibition  and it be urge contra that the principal matter be of ecclesiastical conuzance  and that they ought not to be hinder to determine a matter which be incident  and necessary et per holt c j if a feme covert sue another in the spiritual  court for incontinence with her husband and recover cost and the husband  release they she be by this bar so it be if husband and wife be divorce a  month thoro and a legacy be leave to the wife and the husband release it she  be thereby bar for the marriage continue and the husband have all her right  but if the husband and wife be divorce a month thoro and the wife have her  alimony and sue for defamation or other injury and there have cost and the  husband release they this shall not bar the Salkeld wife for these cost come  in lieu of what he have spend out of her alimony which be a separate  maintenance and not in the power of her husband
CHAMBERLINES case he bring a action upon the statute of hue and cry and after  issue join and enter the record be that the robbery be do october it be order  by the court of common plea that the record shall be amend and make the that  of September upon the affidavit of the attorney for the plaintiff that he have  give direction accord and show to the court the book of the office
CHAMIBERLAIN against stacy Friday Oct judgement Barwell move to set aside a  judgement on suggestion that it be satisfy which the court refuse without and  quer but on sight of the warrant of attorney which be deliver up and  suggestion that the judgement be enter afterward they refer it to the  secondary as a undue proceed without hearing complaint
champion and Atkinson copyhold in evidence to a jury at bar a special issue by  rule of court be to try the custom of lady prince manor of Westwood in  Cumberland whether fine on the tenant or lord death be due to the heir or  successor of the lord during his minority and the plaintiff say h and in  Edward time there be gressam fine I e ab entry pay to lord infant but it be  agree by the defendant that drop fine I e where tenant die be due to lord  infant or not but the latter only to man of full age of the lord and if he die  before age as the earl of Northumberland her father do its go also the  admittance be for life of the lord and tenant so upon lord death the estate of  tenant be go till new admittance which be make at a general court of  dimissions hold in the manor for that purpose but the tenant be never disturb  of possession per curian it lie on the defendant to distinguish a fine be  general due the defendant except to steward that he have fee on admission send  non allocatur but he be swear evidence for the defendant be that other manor  adjoin have the same custom not to pay till age which per curian be good and  be allow of copyhold entail in manor of thistleworth and Hammersmith in  Middlesex and the drop and Gresham fine be all one promiscuous the verdict be  for the defendant
champion and Osbaldiston when a judgement in the common plea be affirm in the  king bench what shall not be say to be a good writ of execution on such  judgement on rule to show cause why a capias ad to give satisfaction shall not  be quash the exception take to it be that it be sue out upon a judgement of  the court of Barnardiston king b er p common plea affirm in this court and  make returnable at a general return whereas the proceed in the action below be  all at a day certain accord the rule be make absolute
champion and scot what matter the court of law will not give relief in by  reason that they be more proper for court of equity upon the reference to the  master to see what be due upon a bind he report that the defendant be bind as  surety for one Lambart in a bind of which Lambart and he join in but after  that Lambart give another bind sole to the same person as they give the other  to Lambart pay the obligee and and take two receipt of he in a general manner  only for money due upon a bind upon this report the court be of opinion that  this account be too intricate for the master to look into because it be not  certain enough to which of these bind or in what proportion these receipt be  to be apply but they think this application more proper for chancery
champion case lease by a prebendary with assent of the bishop and of the dean  and chapter c without call the dean by name and conclude in witness whereof  the party abovesaid c the seal of the bishop and chapter be affix whether this  shall be a good confirmation to bind the successor queen one champion  prebendary of the cathedral church of Chichester lease by indenture make  between he and one a b in the that year of Henry for year and say in the  beginning that he with the assent and consent of the reverend father Robert  bishop of Chichester and of the dean and chapter of the same church without  name the name of the dean and the conclusion of the indenture be in witness  whereof the party abovesaid to these present indenture have interchangeable  set their seal c and the seal and name of the prebendary and also the seal and  name of the bishop and also the chapter seal be affix to the lease without any  word of confirmation or assent mention by they whether this lease be good to  bind the successor of the prebendary quaere c dyer b er p dyer report volume  report of case in the reign of Henry VIII Edward VI Q mary and Q Elizabeth  take and collect by sir james dyer Knt some time chief justice of the common  plea now first translate with additional reference to the late book of  authority and marginal abstract of the point determine in each case by John  vaillant M A of the Inner temple BarristeratLaw in three part part two
Champneys against brown easter geo three administrator appoint a receiver who  receive a sum of money for their use and divide to each administrator one  three part two of the administrator afterward fail and the question be upon a  point reserve at nisi prius whether the three administrator be liable for the  whole sum or for his own three part only to a new administrator per cur  defendant be responsible for that three part only which he receive and not for  a devastavit commit by his coadministrators if payment have be make to a wrong  person the case have be otherwise but here the money be proper pay defendant  be not concern how his coadministrators dispose of their part the three be  equal entrust cro car cro Elizabeth Bridgm
Chan can C P decree content in the case of Lord and lady Cornbury and  Middleton all Trin car by ld keeper wile I and b Windham
chance against russel birch move to stay plaintiff proceed the copy of the  process serve upon defendant not be direct to the sheriff of any county the  court deny the motion because defendant can take advantage of this as a  irregularity if the writ be vicious advantage must be take thereof in another  manner
chance versus weeden mich will B R ld raym name Chauncey v wind Mod de in an  unjust manner svan not common with others be a good replication to a  justification by the commonlaw or general statute vide lev lev   a Com pleader  f lev lev S C holt case B R vide Leon trespass for bushel of salt the  defendant set forth the Act for lie a duty on salt W that it be put on board  to be export not be weigh c that he be a officer c and seize it the plaintiff  reply de in an unjust manner svan not common with others absq tali causan the  defendant demurrer et per holt c j where the defendant justify by virtue of a  authority by the commonlaw as a constable by arrest for break of the peace  under process of the admiralty c de in an unjust manner svan not common with  others be a good replication so it be and by the same reason when one justify  by a authority of a Act of parliament for be a general law the statute can be  no part of the issue vide h h   Ent a justification upon the statute de  malefactor in to act sparingly and a like replication as for the case in  Grogals case of waste and enter our view holt c j say it stand on a particular  reason also the court hold the plea ill because it be Salkeld not show what  sort of salt this be baysalt pitsalt whitesalt c for the statute do not extend  to all judgement pro quer
chance versus Weedon mich W salk lev lev lev in this case holt c j hold that  where the defendant justify by virtue of a holt KB er p authority by the  commonlaw as a constable on arrest for break of the peace c de in an unjust  manner svan not common with others be a good replication thereto so it be and  by the same reason when one make justification by authority of a Act of  parliament for be a general law the statute can be no part of the issue a  defendant may justify a assault in defence of his person or of his wife  because they be but as one person so he may in defence of his master as  protection and allegiance be due to he and a master can justify the beat his  apprentice servant scholar c in nature of correction only and with a proper  instrument for if it be otherwise immoderate castigavi be a good reply and in  a action against the master in such case he ought to show some cause special  or the fault for which he beat his apprentice or on demurrer his plea in  justification will be adjudge ill per holt c j holt KB lease
chancery may decree a conveyance to be fraudulent mere for be voluntary and  that without any trial at law per all the lord commissioner and so they do  Trin in white and Hussey et all in Chan Prec in Chan where fraud be apparent  chancery will decree against it without order a trial vide Chan can Colston  and gardener
chancery report Askwith con chamberlain car foe debtor make executor yet his  debt to be asset and not extinct a debtor make executor shall not extinguish  his debt but the same to be take as part of the testator personal estate
chancery report AYNSWORTH count pollard car f executor in trust that Thomas  hall decease have only one child the plaintiff make his will and three  executor in trust for the use of the defendant mary pollard who he intend to  have marry and by his will after debt and legacy give the residue of his  estate to his executor in trust for the say mary pollard that two of the  executor declare by their answer that the trust be for the say mary pollard  but the three executor declare he conceive the trust be for the plaintiff and  that the say hall declare no trust in he for the say mary pollard that it be  doubtful to which of they this trust be it be refer to a judge who certify  that he conceive that in extremity there be no trust prove accord to the will  but it appear that the say mary pollard be a lewd woman and have abuse the say  hall this court in respect the trust be not prove accord to the letter of the  will think it not fit to relieve the say mary pollard on her bill for the  surplus of the say hall estate this court much dislike that the estate of the  say chancery report hall shall be give away from his own child to the say mary  pollard who have and have a husband live at the time of the say will and  dismiss pollard bill this court with the say judge conceive that after debt  legacy and executor charge pay the overplus of the estate shall go and accrue  to the plaintiff Ainsworth the say hall only child and decree accord chancery  report er p
chancery report baker contra Beaumont eoden die S c Ch a c habeas corpus the  defendant be bring into court by habeas corpus direct to the marshal of the  Marshalsea the plaintiff inform that the defendant be former commit chancery  report er p to the fleet for breach of a decree of this court by which he be  to vacate a judgement which he have against the plaintiff and turn himself  over to the king bench by a habeas corpus in a sign action set up by himself  and thereby get liberty to go abroad have take the plaintiff in execution upon  the say judgement and clap he in exon gaol and the defendant now refuse to  discharge the say execution order that the defendant stand commit to the fleet  and be confine to his Chamber and a habeas corpus be grant to the plaintiff  whereby to remove he which the court declare shall be make of as long  continuance as it can
chancery report BARTHROP contra west car foe equity of RedemptionAssets the  plaintiff suit be to have the benefit and equity of redemption of lease  mortgage and other trust estate make liable for the payment of his debt be on  judgement for pound and to have a voluntary deed of trust set aside as against  the plaintiff this court decree the plaintiff to have the equity of redemption  to be liable and have asset to satisfy his say debt of pound and set aside the  say voluntary deed of trust and all trust estate and surplus thereof after  precede debt pay to be asset in equity for the payment of the plaintiff
chancery report Bingham con hussey car f two deed of settlement the latter  contrary to the former the first decree to stand against a fine levy to the  use of the last Thomas Hussey settle by deed car on Delaline Hussey his son in  consideration of pound portion with the wife of Delaline and covenant to levy  a fine and afterward in the defendant procure he to make another settlement  contrary to the former and leave out the limitation to the heir male and levy  by a fine thereof this court upon the proof of the first agreement decree the  latter deed and fine to be void and set aside and the premise to be enjoy  accord to the first deed as if a fine have be levy
chancery report BORRINGTON con BORRINGTON Nov car at the roll deed contain the  Title of other not to be produce a recovery be suffer by tenant in tail but  defective as to much of the land for want of a good tenant to the praecipe it  be out on estate for life and he that suffer the recovery devise the land to  the defendant and his heir in trust to pay debt and portion the bill be by the  heir at law foe have the counterpart of the lease for life in be at the time  of the recovery from the defendant to go to law for the Title the defendant  answer and confess several counterpart but say he be a purchaser hope he shall  not produce they to impeach his own Title to enable the plaintiff to go to law  and he have bring the counterpart into court whereupon it be order that they  be deliver back to he and the plaintiff to take what remedy they can at law  and if upon a trial a verdict pass for the defendant then to bring back such  as concern the land recover
chancery report boucher contra ANTRAM car foe will the bill be that Alice  lowman the plaintiff Katherine late mother do in Dec by will give and dispose  unto the plaintiff Katherine a legacy of pound and make the plaintiff who  marry another of the daughter executor the defendant insist that the testatrix  make her will in these word videlicet item I give unto my daughter Katherine  Boucher the sum of pound for her to have the use of it during her life and her  child or child to have it after her decease but if she happen to die leave no  child survive her I will that the say pound shall be to and for the sole  benefit and use of my daughter Elizabeth Antram and her child which Elizabeth  be the defendant wife and the defendant be Willing to pay the say pound to the  plaintiff S or either of they he be secure against the Title and claim of the  survive child or child of the plaintiff Katherine and if she shall die leave  no child or child behind her then against the Title of the say Elizabeth and  her child chancery report this court decree the defendant to pay unto the  plaintiff pound with full interest but as to the clause in the will which  direct that for want of issue by the plaintiff Katherine the say pound after  her decease shall be to and for the benefit and behoof of the defendant wife  and her child his lordship declare it be a personalty be in the nature of a  perpetuity and so a void devise and therefore the defendant nor his wife and  child ought to have any benefit thereby but be debar from the same and that  the say pound chancery report er p ought to be absolute vest in and come unto  the child or child of the plaintiff Katherine and decree the same accord
chancery report BRODHUST con richardson car f pound to be among daughter and  if one or two die without issue the daughter to inherit each other one marry  the plaintiff and die sans issue the plaintiff be entitle to the pound as  administrator to his wife that Samuel Russel by his will give to his three  daughter Sarah Christian and Elizabeth pound to be divide among they videlicet  for each of they in particular pound but if any one or two of they shall die  without leave a child that the daughter shall inherit one another good money  land and chattel which the decease shall leave behind they and that the  plaintiff intermarry with the say Elizabeth and that she die without leave a  child before payment of the say pound the plaintiff insist that he as  administrator to the say Elizabeth his wife be entitle to the say pound and  her share of the say good the defendant insist that by the word and true  intent of the testator and the say will the same do not belong to the  plaintiff but come or in equity belong to the defendant as survive sister this  court declare the plaintiff be well entitle to the say pound and decree accord  for a sum of money can be entail
chancery report colt con colt car f bill for dower out of a trust dismiss the  plaintiff claim a three part of the say trust for her dower this court to so  much of the plaintiff bill as relate to the dower of the plaintiff Elizabeth  claim by her out of the say trust order that the say bill be dismiss
chancery report come sterling contra Levinson car foe settlement with proviso  not to attempt the impeachment of it court direct a trial at law and that the  trial shall be no forfeiture that sir Peter vanlore the elder be seize in fee  of the land by deed covenant to stand seize thereof to several use under which  all party to the suit claim several part of the premise and there be a proviso  in the say deed that if young sir Peter vanlore or the issue who issue and  heir the now plaintiff be shall attempt to impeach the say settlement that  then the use to he and they limit by the say deed shall be void and that by  the death of several person several part of the premise be accrue to the say  plaintiff but that by reason of the say proviso and several ambiguity in the  say deed it be doubtful to what part the plaintiff the heir general be entitle  unto so to be protect against the say proviso and to have the partition of the  land be the bill his lordship declare it be most fit that a trial at law he  have touch the plaintiff right and Title and that such action to be bring  shall not be take or construe a breach of the proviso aforesaid or forfeiture  of the plaintiff right and Title to the premise
chancery report cooper con TRAGONWEL f witness examine to support a entail the  bill be to have liberty to examine witness to support a entail in this court  the defendant plead and this court will see precedent whether the defendant  chancery report er p shall answer the plaintiff bill so far as to enable the  plaintiff to examine witness to the purpose aforesaid this court order the  plaintiff to reply to the defendant plea and to examine to whatsoever matter  the say defendant have put in issue to his plea
chancery report countess OF suffolk against harding ux Jun value of land  charge with a rend no Cause for a bill of review upon a bill of review the  defendant have a decree for pound and pound per annum out of manor which the  now plaintiff pretend not to be worth pound per annum and to charge the  countess with the rend and arrear who be no party to the grant of the  rentcharge and therefore bring a bill of review answ that the value be no new  matter and that it be not except to in the former suit and therefore now  remediless as in the case of a executor who if he do not plead at first that  he have not asset shall not afterward when the debt be decree against he be  admit to plead not asset order that if the countess give not security to  perform the order of the court the bill be dismiss
chancery report cullum contra dove maii car report money after a decree enrol  certify due to the executor of the plaintiff and upon exception to the report  they be no party in court disallow but these precedent do not satisfy and  thereupon the bill be dismiss unless Cause
chancery report Davy contra BEVERSHAM ux mich car Lord chancellor and Mr of  the roll land contract for let pass by devise of the purchaser vendor after  contract for purchase stand trustee for vendee Henry Davie agree for the  purchase of certain copyhold land which be surrender out of court to his wife  but before admittance die have other copyhold and have make his will after the  say contract and thereby devise to the plaintiff who be then and at his death  his visible heir all his copyhold after his death his wife be previment  ensient after his death be deliver of the plaintiff wife who then become the  heir to the devisor the plaintiff take it for grant that the copyhold so  contract for do not pass by the will suffer the heir to be admit thereunto and  hold the same of the heir for twenty year and pay her the rend for that time  and have agree so to do so long as he shall hold they but afterward difference  arise between the heir and he about other matter the plaintiff exhibit his  bill inter alian to have these copyhold decree to he and upon the hear it be  declare by the court that it be clear the say copyhold so agree for do pass by  the will to the plaintiff for that the chancery report purchaser have by the  contract only a equity to recover the land and the vendor stand trust for the  purchaser and as he shall appoint till a conveyance execute and the case of  the lady Fohamb be cite where it be rule that if upon article for a purchase  the purchaser die and devise the land before the conveyance execute the land  do pass in equity but in the principal case inasmuch as the plaintiff have  admit the Title to be in the heir and pay her rend and agree go to do the  court will not decree but declare if the plaintiff have come in time it be  proper to decree
chancery report dethick contra bank car foe a freeman of London dispose a  adventure to his son No breach of the custom as to the wife be three part a  freeman of London do assign over a adventure to the defendant his son against  which the plaintiff complain and insist it be contrary to the custom of London  and tend to defeat the plaintiff his wife of a full three part of the personal  estate this court with the judge hold the disposition to be good and can not  relieve the plaintiff
chancery report DEVERING contra cooper April car a Cause hear after thirty  year the enrolment be lose a enrolment of a decree in car be lose the counsel  after so long time order to be reheard
chancery report digby contra Cornwallis Dec Lord keeper Bridgman executor may  be sue both in chancery for a account and also proceed against in the  prerogative and enforce a inventory beneficiary and trust of a personal estate  may sue in chancery to have a account against the executor or administrator  and at the same time sue in the prerogative court to enforce executor or  administrator to bring in a inventory
chancery report dom arundel con arundel V car f a witness examine for the  plaintiff and be to be crossexamined for the defendant but before he can be  crossexamined die yet this court order his deposition to stand caldwel v wheat  chancery report er report date caldwel con wheat car f execution by a executor  upon a judgement recover in theTestators lifetime without sue a to know fac  that the plaintiff become bind to one Critchlow in a recognizance of pound for  the payment of pound upon which the say Critchlow take forth a to lift up  facias direct to the sheriff of Middlesex to levy the say debt upon the land  and good of the say plaintiff whereupon the sheriff return they have no land  nor good and after Critchlow die and the defendant be executers without sue  forth any to know fac upon the say judgement take forth execution direct to  the sheriff of London and the plaintiff be take in execution in London and be  a prisoner in the fleet upon the same therefore the say execution be illegal  get and the plaintiff wrongful imprison chancery report it be pray that a  supersedeas may be award to the warden of the fleet for the enlarge of the  plaintiff this court refer it to the judge for their opinion what in case of  this nature this court may do in law touch the grant of a supersedeas to the  warden of the fleet for enlarge the plaintiff the judge be of opinion that the  execution take forth by the defendant against the plaintiff upon the  recognizance do appear to be erroneous by the record in regard no scir facias  have be take forth to the defendant and therefore accord to the proceed of  other court of justice a supersedeas may be grant to discharge the say  execution which accord to the say judge opinion this court grant accord for  discharge of the say execution
chancery report drury contra drury car f that William smith seize of the manor  of coal make a lease of the demesne thereof to one clark for twenty year and  die leave the reversion to descend to the plaintiff and defendant William  Drury his coheir and that the say William Drury have enter into the whole  manor and the say defendant clark be charge to be behind with his rend the  defendant say that without the consent of the plaintiff he enter upon the  defendant clark for not payment of rend and conceive that thereby he have  whole avoid the lease which be point doubtful in law whether the lease be  whole avoid or but for half this court refer that point to the judge who  certify that a writ of partition be bring between the say coheir this court  order the same accord to the say certificate and the defendant Drury shall  answer to the plaintiff a moiety of the profit of the premise from the time of  the avoid the defendant clark lease accord to the just value of the land
chancery report ELVARD con warren all car f prisoner by habeas corpus bring  from Bristol and turn over to the fleet for that he be in contempt  sequestration the defendant be in contempt for disobey a decree and be a  prisoner in Bristol a habeas corpus cum cause be order to bring he to the bar  of this court who be bring up and turn over to the fleet who be there a  prisoner and refuse to obey the say decree the court order a sequestration  against his real and personal estate
chancery report ELVARD contra warren car f sequestration the plaintiff have a  sequestration against the defendant real and personal estate for nonpayment of  pound decree to the plaintiff the plaintiff pray the same may be pay he out of  the defendant estate so far as it will extend and out of the security give by  the defendant for abide the order on hear and also pray for that some part of  the defendant estate now under sequestration be a contingent term which will  determine upon the death of one person whereby the plaintiff may lose his say  debt that the commissioner of the sequestration may be empower to sell the say  estate and pray also in regard the defendant estate be not sufficient to  satisfy the plaintiff say demand that a recognizance give by the defendant to  abide the decree may be produce and enrol this court order the say pound  interest and cost to be pay by the say defendant or out of the sequester  premise or the security before mention and that the commissioner of the  chancery report sequestration do sell such of the sequester premise chancery  report er p as be hold for any term for the best price and the money thereby  raise to pay the plaintiff towards satisfaction of his demand the question be  whether the defendant be charge in prison in Bristol with a decree of this  court can be discharge without satisfy the decree it be insist on that a  decree in this court be not a judgement to detain the defendant this court  declare that a decree in this court be as effectual to charge the person of  the defendant as a execution at law and the defendant be charge with the  decree the court declare if the warden of the fleet let he go it shall be at  his Peril
chancery report executor OF PAMPLYN con I S lease e mortgage the plaintiff  exhibit a inventory amount to pound whereof pound be in lease the defendant  recover against the plaintiff pound owe to the defendant by the plaintiff upon  the plea of plene to manage and then the plaintiff exhibit this bill pretend  that the lease be mortgage for more than they be worth but their bill be  dismiss for it do not appear by any proof if by the bill that the other pound  be administer or that the verdict be give upon the account of the value of the  lease neither as far as I can observe do it appear that the plaintiff have  notice of the lease be in mortgage when the verdict be give which seem  necessary to I to be do for it be say at the bar and not that I observe deny  that the plaintiff notwithstanding their inventory be not estopped to show  those mortgage and then only the surplusage can be asset in law and beside  Pamplyn have give the executor other freehold land of pound value to be sell  for the payment of his debt which be asset in equity at least but the Lord  chancellor seem to rely only on the first matter
chancery report Floyer contra HEDGINGHAM car foe copyholder not to be admit by  letter of attorney that no copyholder ought to be admit to any copyhold estate  by letter of attorney for that he ought to do fealty at the time of his  admittance which can chancery report er p be do by a attorney but ought to be  do in person by reason that no man can swear by attorney
chancery report Geffrey content thorn car foe a old bind and never sue decree  to be cancel a bind of pound penalty without a condition enter into by the  plaintiff to the defendant to save the defendant harmless against a bind of  the say bind be twentythree year old and not sue in that time decree to be  deliver up to be cancel
chancery report Gerrard con stanley all car f jurisdiction the bill be that  the defendant may discover their Title to certain land in the county of  Lancaster which the plaintiff claim as heir male of mile Gerrard the defendant  have possession claim by a conveyance to one John Davis of London and also a  Title to the defendant Margaret as heir at law to the say mile Gerrard the  defendant plead the jurisdiction and privilege of the county palatine of  Chester and Lancaster and that the land lie in the county palatine of  Lancaster and that the defendant by several act of parliament ought not any  where else to be implead this court upon read of a precedent produce by the  plaintiff against the jurisdiction of the county palatine of Chester wherein  be also cite several other precedent to the purpose his lordship  notwithstanding the say precedent declare the say plea to be good as to the  Title and possession of the say land or for any account of the profit
chancery report glide con wright car f portion leave in trustee hand for child  though no mention of interest yet the trustee decree to pay interest the  testator leave pound in trustee hand to be pay to the plaintiff or to the  survivor of they at eighteen year of age or day of marriage which first happen  the defendant the trustee refuse to pay interest in the mean time towards the  main chancery report er p tanance of the plaintiff because none be express nor  any notice take or direction give what shall become of the interest this court  decree the defendant do from time to time henceforth pay to the plaintiff for  their maintenance the interest profit and increase of the say pound untilthe  same become due together with all arrear of interest
chancery report goodfellow con marshal car f replication contain more than the  bill demurrer to the plaintiff put matter in the replication which be not  contain in the bill and which matter the plaintiff know of at the exhibit the  bill the defendant plead and demurrer to the replication which this court  allow of chancery report er p
chancery report GWEVERS con the earl OF Danby all bill by other creditor after  a decree c land be settle by the parliament for the payment of Mr cook debt of  Norfolk the trustee bring one bill against the administrator of cook to  discover the personal estate c and the administrator who be administrator as  creditor to cook with three or four of the creditor bring a bill against the  trustee and it be decree that they shall sell e and that all creditor may come  in by a time contribute to the charge c and now the plaintiff as other  creditor exhibit their bill against the administrator and against the trustee  to discover the personal estate and to have the land sell c the defendant  object that the plaintiff ought not to have exhibit a new bill but by motion  to the court come in as creditor upon the former bill exhibit by the  administrator but the court overrule it and say this bill be well bring  because it call the administrator themselves to a account which can not be  upon the former bill
chancery report hale content hale car foe relief against a old mortgage no  demand be make nor interest pay in forty year the suit be to be relieve  against a ancient mortgage which have sleep sixty year the plaintiff be a  purchaser of the premise from sir Edward more who enjoy the same about  fiftyseven year but the defendant pet have set on foot a old sleep mortgage  pretend to be make by the say sir Edward more to John pet father of the  defendant Thomas pet and his heir of the premise in Elizabeth for security of  pound now it appear that the say pet father of the defendant Thomas pet die  forty year since and in all that time there be never any interest pay or any  demand at all upon the say mortgage until of late and the defendant have  confess as the plaintiff do prove that all the mortgagemoney be pay and that  about five year since the defendant offer for a small matter to release his  claim in the premise unto lettuce more the heir general of the say sir Edward  more and in respect the plaintiff and those who he claim under have enjoy the  premise for sixty year last pass chancery report er p this court decree the  plaintiff and his heir shall hold the premise in question against the  defendant and all under chancery report he and that a vacat be enter upon the  enrolment of the say mortgage
chancery report Harrison con lucas car f plea of the statute of limitation  overrule the statute of limitation plead and overrule and this court with the  judge be of opinion that the plaintiff have no remedy at law but make a decree  for the plaintiff
chancery report heart v heart pow car f car f personal EstateRemainder the  bill be touch the real and personal estate of sir Percival heart decease the  plaintiff pretend Title and interest in certain land householdstuff and plate  of the say sir Percival in reversion or remainder by virtue of some settlement  make b the say sir Percival in his lifetime and also by his last will whereby  it be order and appoint that William heart this defendant shall have the use  of all his plate and householdstuff for his life and that after his decease  the say plate and householdstuff shall continue to the old son of this  defendant and so to the heir of his body and so to the first second and three  and other son to the ten son of this defendant and the heir male of their body  as a heirloom accord to the limitation of the land in the bill and for want of  such issue to the plaintiff and the heir male of their body so the bill be to  discover the plate and householdstuff and that time defendant may put in  security to leave the say plate or householdstuff or the value hereof at the  death of the defendant accord to the will chancery report the defendant  demurrer for that the plaintiff have but a possibility of a remainder which be  void in law have no ground or colour of relief for the same either in or  equity or to have the defendant give security for such personal estate this  demurrer be argue before Mr justice brown he hold the same good and sufficient  this court refer the matter to Mr justice archer who certify the plea and  demurrer to be good this court confirm the judge certificate and dismiss the  plaintiff bill with cost
chancery report Huddlestone contra Huddlestone car f dower the say Elizabeth  have exhibit her bill and therein set forth that she have obtain several  recovery at law for her dower in the premise in question but the defendant  detain the possession from her so that the plaintiff Elizabeth have be keep  without her mean since the death of her husband the defendant insist that the  three allot unto the plaintiff out of the land in Yorkshire be unequal and  commissioner have allot her the three part of the say land for her dower and  therefore she ought to be conclude thereby this court order a Commission  chancery report er p
chancery report jolly con will car f will devise of good to I S for year the  remainder over I S decree to deliver the good after the year that Roger  garland elder brother by will do give unto John will the defendant late  husband the use of all and singular the good plate c whatsoever then in his  house for term of eleven year from his death and after the eleven year expire  he give the same to his two nephew Robert and Roger garland and to his niece  Elizabeth the plaintiff to be equal divide among they and after eleven year  the say will be to derive they to the plaintiff the defendant will insist that  by the bequest of the say good for the eleven year she and her husband to who  she be executrix be well entitle to the property of they and that the devisor  be void in law and equity this court decree the defendant will to deliver the  good to the plaintiff to be divide accord to the will the say eleven year be  expire
chancery report lambert contra green car foe lease not a customary chattel the  defendant Sicili green demand a allowance for a three part of a tenement and  ground for the remainder of a term of ninetynine year the case be thus  videlicet for pound the same be assign in to Henry hall for remainder of a  term of ninetynine year in trust for the defendant testator William green and  the remainder expectant upon the say term convey to the say testator and his  heir which demand be submit to the judgement of this court this court declare  that the say lease be not a customary chattel and will not allow the defendant  demand
chancery report LASBROOK contra tiler car foe alimony decree and also the  benefit of a bind before marriage the plaintiff on the behalf of the other  plaintiff Margaret his sister seek to be relieve against the defendant tiler  her husband for allowance to be give her for maintenance for all the time she  depart from he which be a year and a half which this court decree and also the  Bexie to of a bind give before marriage
chancery report Maddocks contra wren car f the prior mortgagee upon redemption  by the second mortgagee shall be charge with the profit by whosoever receive  after the second mortgage the question in this Cause be with what profit the  defendant wren shall be charge in case of the plaintiff who claim the premise  in question by virtue of a second mortgage and be admit to a redemption on  payment of what shall appear due to the defendant wren who have the prior  mortgage the plaintiff insist that the say mortgage be of a lease and the  defendant wren have possession by attornment of tenant he ought to have  receive the profit whereby his mortgage will have be full satisfy yet he  permit the other plaintiff Dorothy wife of the plaintiff Maddocks the  mortgagor to receive the same and therefore the say wren ought to be charge  whereby the plaintiff may be let in to have satisfaction of his debt this  court declare that the defendant wren ought to be charge with the rend whether  receive by the wife or any other person after the plaintiff second mortgage  make but all receive by her before the say second mortgage he ought not to be  charge with
chancery report Marston con Marston car f fine mistake the land lie in two  parish the plaintiff as heir in tail make Title to land and the defendant make  Title for her life for her jointure by deed andFine which fine be mistake for  that the land do lie in two parish within the city of Coventry videlicet part  in Trinity parish and the other parcel in saint Michael parish and that the  fine be only of the land in Trinity parish but it not appear that any of the  land in the deed of jointure and fine which do both agree in name and quantity  do lie out of the say Trinity parish nor any thing else appear to invalidate  the say jointure his lordship dismiss the bill and confirm the master of the  roll and the judge order
chancery report micklethwait con boatman car f interest for rend and profit  this court will not allow interest for rend and profit
chancery report mosely contra mosely car foe clause in a will that if any  legatee shall hinder or oppose the execution of the will then such person  shall lose the legacy bequeathe the defendant claim several thing devise to  her in specie by the will of sir Edward mosely and the plaintiff will bar her  claim and right for the whole by a particular clause in the will videlicet  that if any legatee shall hinder or oppose the execution of his will then such  person shall lose the legacy bequeathe this court as to the clause of  forfeiture in the will which the plaintiff will have the benefit of by reason  of the defendant contest and oppose of the execution of it declare its opinion  to be that no advantage ought to be take thereof but that the defendant ought  to have her specific legacy bequeathe by the will the court also declare their  opinion of the rend demand by the defendant of pound that not withstand the  defendant opposition of the will the say rend be not forfeit or suspend nor  ought in equity to be so deem and order the defendant demand thereof to stand  good and allow as a good demand
chancery report nailer contra stride James f surrender of a copyhold by a  infant of five year of age the surrender of a copyhold estate by a infant of  four or five year of age allow horned owl by this court yet the Lord of the  manor insist he never hear of any admittance in that manor at such a age  Cloberry v Lymonds chancery report er report date Cloberry contra lemon James  f upon the buy the equity of redemption of land in extent land extend in car  and hold in extent and a bill exhibit to redeem and be not redeem the bill  dismiss in car and afterward he who have the extent by virtue of the say  dismission sell the say premise to the defendant but the plaintiff have since  buy the equity of redemption seek a redemption this court notwithstanding the  dismission and length of time order a account from the time of the purchase  but no account from any time before but the profit to go against the interest  to that time Vol Chan Rep ibidem pound chancery report er p
chancery report newte contra foot James f deposition suppress because the  solicitor clerk in the Cause do write as a clerk in the execution of the  Commission the defendant insist that the deposition in this Cause be irregular  take and ought to be suppress for that Mr Samuel Underwood who be clerk to Mr  Edward Gibbon solicitor for the plaintiff in this Cause do write as clerk in  execution of the say Commission under the say commissioner and the say  Underwood confess the same and solicit the matter for which reason the  defendant commissioner refuse to join in the execution of the say Commission  it be of great mischief for solicitor or their clerk to be privy to the take  of deposition in such cause as they solicit this court be well satisfy that  the say deposition be for the reason aforesaid irregular take and do order  that the same be hereby suppress and that the six clerk certificate for the  regular take of the deposition be discharge
chancery report newton contra Langham car foe MortgagesAdventure in the east  India company mortgage redeemable the plaintiff have a adventure of pound in  the eastindia company mortgage the same fifteen year since to sir William  Vincent who die and make the defendant executor who have possess the say pound  adventure and refuse to reassign the same to the plaintiff the money be pay  for which it be a security the defendant insist that the say adventure be not  redeemable it be contingent and hazardous and cost much money to insure and  fourteen year since it be assign from hand to hand by a decree for the  assignment to the defendant testatrix this court declare that notwithstanding  the hazard and contingency of the say adventure mortgage and the length of  time since the mortgage the plaintiff ought to be admit to a redemption of the  say adventure
chancery report not contra smithy car foe rational part custom of London good  against a deed of trust to the use of the last will the suit be to have  proportionable part of a lease and the profit thereof accord to the custom of  the city of London the which the testator Edward Sewster the plaintiff father  by his will have direct the defendant Smithies his executor to convey the same  to the defendant George and Edward Sewster his son this court on read the deed  make to the say executor whereby it appear it be in trust to the use of the  last will of the say testator declare that the say deed of trust make to the  say executor be contrary to and against the custom of London and that the  plaintiff Elizabeth be daughter ought accord to the custom to have her part of  the say lease and profit thereof
chancery report nurse contra GUILLIM mich Lord keeper Bridgman a plaintiff a  good witness to prove a contempt nurse be examine as witness though plaintiff  in the case to prove service of the decree and upon debate his deposition be  allow towards the prove the defendant in contempt and then rule that the  plaintiff oath be sufficient to convict the defendant unless the defendant in  his examination swear clear contrary and then the defendant oath be against  the plaintiff it shall not convict the defendant and the defendant in this  Cause upon exception to the master report be find in contempt
chancery report owner hatton con jay car f a ancient statute after forty year  set on foot and why that in regard of the antiquity of the statute of pound  wherein the Lord Cromwel be bind to John jay the defendant father be set on  foot by the say defendant as administrator to his say father forty year after  the enter therein all the proceed be stay till Cause show the defendant insist  that the defendant father forbear prosecution for that sir Edward cook who  purchase diverse of the land liable thereto do from time to time promise to  satisfy the say debt and the defendant since his father be death which be  eighteen year since have often demand of sir Edward cook the say debt which he  promise to discharge but fail the defendant ten year since give the statute to  a attorney to take out execution thereon and till about two year pass can not  get the same out of his hand and it appear by letter from the Lord Cromwel all  date in the same month the statute bear date that he importune the defendant  father to lend the money on the statute this court order the plaintiff to  bring their bill to stay proceed on the statute
chancery report palmer con KEYNELL car f bind give before marriage that the  wife shall dispose of pound which she do and decree accord notwithstanding the  bind be cancel by consent of the wife and the husband give a note that she  shall dispose of it if he be acquaint with it the case be that before the  marriage between the defendant and Agnes his late wife grandmother of the  plaintiff the defendant agree that the say Agnes shall after marriage by will  ox otherwise dispose of pound and for performance the defendant give a bind  for pound that the say Agnes before her death appoint the say pound to be  dispose of among the plaintiff her grandchild but the say defendant procure  his say wife Agnes to consent that the say bind shall be cancel to be relieve  notwithstanding be the plaintiff suit and a decree be pronounce that the say  pound shall be divide accord to the say agreement of Agnes with interest which  decree be allow by the master of the roll but the Lord keeper refuse to sign  the same upon some point in law then seem doubtful to his lordship chancery  report er p which point be now debate which at the first hear be not insist on  the substance thereof be that upon release the say bind the say defendant do  sign a note of write that notwithstanding the say note be release yet the say  defendant will permit and suffer his say wife to dispose of the say pound so  as he may first be chancery report acquaint therewith which note the defendant  will avoid upon these word videlicet so as he may be first acquaint with it  which the defendant suppose to tie his agreement to a condition but this court  upon read the say note be satisfy that the same ought not to receive that  construction but to be bind to the defendant and confirm the first decree
chancery report peak contra Brandsby car foe who shall be say to be a servant  live with the testator at his decease that William crow by will devise to  every one of his servant live with he at the time of his death pound apiece  and that the plaintiff be servant to the testator at his death so the  plaintiff suit be for the pound legacy the defendant insist that the plaintiff  be not servant to the say crow at his death or live with he as a servant but  the plaintiff at the testator death and long before and after be the servant  of mary Brandsby the testator mother this court be satisfy that the plaintiff  be a servant to the testator and entrust in his housekeeping and employ in  wash his linen and tend he in his sickness and therefore decree the defendant  the executor to pay the plaintiff her pound legacy
chancery report pew contra CADMORE Dec car decree suspend the plaintiff be a  administrator and after a decree pronounce die before entry of the order and  the entry be suspend by the administrator de good non c
chancery report Peyton con green car f the defendant own oath a good proof in  a account of twenty year stand this court order that in regard the account in  question be of twenty year stand the defendant shall prove his account by his  own oath for what he can prove by book and cancel bind for that after so many  year his own oath must be accept as a proof in this case
chancery report pit contra scarlet Trin car obligee may sue in chancery to  discover asset before a plene to manage plead the plaintiff bring a bill to be  relieve as obligee in a bind against the defendant as executor of the obligors  and to discover asset for payment the defendant demurrer for that the  plaintiff have bring no action at law against he whereto the defendant have  plead plene to manage
chancery report PLOMER con owner PLOMER car f on payment of pound the  defendant daughter snatch away pound the plaintiff shall not be Chargeable  with it till recover against the daughter and a injunction for the plaintiff  accord the plaintiff bring pound to pay to the defendant one Margaret smith  the defendant daughter snatch pound out of the pound and go away therewith the  defendant will enforce the plaintiff to pay the say pound pretend so much due  to her by the plaintiff this court see no Cause to charge the plaintiff  therewith and for that the say defendant Margaret smith life apart from her  husband and have so do for many year and will not answer the plaintiff bill  this court will not charge her husband with the say pound in regard of their  live apart but that the say Margaret smith ought to answer the same and order  that the defendant lady Plomer shall not take advantage against the plaintiff  for the same but expect till the plaintiff can recover the same from the say  Margaret and the plaintiff be to prosecute the say Margaret with process of  contempt for her answer and grant the plaintiff a injunction against the  defendant
chancery report plummer contra stamford car foe a ancient recognizance not set  aside to let in a mortgage that Edward Stamford enter into a recognizance of  pound to John Stamford his brother in car the plaintiff have a mortgage on  Edward stamford estate and in respect of the antiquity of the say recognizance  will have it set aside presume the money to be satisfy that the plaintiff may  come in with his mortgage this court will not relieve the plaintiff against  the recognizance chancery report er p
chancery report pool contra pipe Lord chancellor hide car a ancient award  perform by one party decree the plaintiff have land descend to he from his  brother who have buy it but the defendant bring a ejectment upon a lease for  year and a award be make concern the Title under which the plaintiff claim and  the party that have the lease have not perform but keep the lease and it come  to the defendant and the bill be to hold the land and decree if it have be  enjoy under the award James and a perpetual injunction against the lease
chancery report pool contra pool I car foe heir bind by his father be covenant  the land be convey to he that the plaintiff be order to perform his father be  covenant refuse insist that he be not Chargeable with his father be covenant  as heir the land be convey to he nor as executor have no asset this court  order that the plaintiff shall seal the say covenant accord to the say article  of hisFather and thereby covenant to free the premise from lease and  encumbrance or stand commit to the fleet
chancery report prig contra clay car f legacy of pound apiece to two and if  either die before twentyone the survivor to have all one die before the  testator yet the survivor decree to have all that John clay by his will devise  pound to the plaintiff Philip prig junior and Deborah prig his sister  videlicet pound to be pay each of they at their respective age of twentyone  year or day of marriage which first shall happen by the defendant his executor  and in the mean time the whole pound to be secure and improve b his executor  for their use and in case either the say Philip or Deborah shall die before  payment of their legacy the survivor to enjoy the whole pound and if both die  before payment of their say legacy then the testator decree the whole pound to  his sister the plaintiff Eleanor their mother beside pound to her to be pay  within six month after his death that the say Deborah prig die unmarried and  before twentyone and before she have receive the pound legacy so that the  whole pound become due to the plaintiff Philip junior the defendant insist  that Deborah die before the testator and her legacy of pound become void  chancery report this court be full satisfy though Deborah die before the  testator yet the say devise of pound to her do not become void and be devise  over to her brother Philip the sur in legatee it belong to he accord to the  devise in the will the rather for that it be a contingent remainder and may  vest after the death of the testator so long as there be a survivor it do not  belong for the executor and for that the testator who live for some time  afterward do not alter the devise thereof by his will nor otherwise dispose  thereof in write and decree the defendant to pay the plaintiff the two fifty  pound this order be confirm by the Lord keeper
chancery report raimond contra paroch Buttolph Aldgate in come mid car f  privilege the plaintiff be one of the king waiter in the port of London and  yet use the Trade of a common brewer and execute his say place by a deputy  defendant insist he be not to be exempt from bear the office of overseer of  the poor in the parish the plaintiff insist that the king officer who serve  his majesty in relation to his revenue ought to be exempt from parish office  though they execute their place by deputy and use another Trade they be still  liable to answer any miss chancery report er p demeanour commit by their  deputy and if their deputy shall be absent at any time they be bind to execute  the same themselves which often fall out and precedent of this nature have  often be find and hope this court will not take away any the privilege such  officer ought to enjoy in right of their office and that a supersedeas of  privilege be allow the plaintiff and his Writ of privilege stand the defendant  insist that the plaintiff drive a Trade of a common brewer and get money in  the parish he ought to bear the office of the parish chancery report  notwithstanding his say office and if any privilege be due it ought to be  grant by the court of exchequer and not by this court this court declare that  the king officer ought to have the benefit of their privilege and the  execution thereof by a deputy or his deal in another Trade shall not in any  sort be prejudicial to he he be to answer for any neglect or misdemeanour  commit by his deputy for that it be not reasonable that the king servant or  officer shall have nothing else to subsist on but their immediate service or  place under his majesty and take no other employment on they and although a  privilege of that nature be grant in the exchequer a Writ of privilege under  the great seal be and ought to be take in all respect as effectual and  therefore allow the plaintiff his privilege
chancery report ricksters contra herne car foe a feme sole make a agreement  with other to distribute the residue of the estate of one Katherine devil  among they and after marry the defendant the question be whether the defendant  be bind by this agreement of his wife be as to any of the residue which come  to his wife after marriage this court be of opinion that what come in between  seven and eight year after marriage by the death of the say Katherine be not  within the compass of the agreement but be to go to the benefit of the husband
chancery report roberts contra wilks all pasch car Lord chancellor injunction  into the exchequer the plaintiff exhibit his bill to which the defendant put  in a insufficient answer and so delay the plaintiff and then exhibit a bill in  the exchequer in the nature of a cross suit and post on that Cause there  wherefore the plaintiff here move for a injunction to stay proceed on the bill  in the exchequer
chancery report Robinson contra fletcher lord commissioner a deed decree not  to be give in evidence to bar a Title of dower the plaintiff former the wife  of one Fletcher who have before his marriage be question for treason and  thereupon make a deed to his young son of his land and then marry the  plaintiff and be acquit afterward die and the plaintiff bring a Writ of dower  against the heir whereupon the say conveyance be give in evidence to bar her  and thereupon she bring a bill in this court and it be decree that that deed  shall not be give in evidence
chancery report saint nicholas con harris car f bind to pay pound per Ann  during a life the bill be to be relieve against a bind of pound enter into by  the plaintiff Elizabeth condition that if she do pay Timothy per annum during  the plaintiff life then the say bind to be void but the plaintiff pretend that  the say bind be for the performance of a agreement which be by the death of  the say Timothy become impossible to be perform and so the bind ought to be  discharge upon read the proof this court will not relieve the plaintiff  against the say bind and order the plaintiff to pay the per Ann and arrear  with damage to Timothy executor
chancery report skinner contra Kilby James f the son devisee of land upon good  behaviour for his misbehaviour decree against he the bill be to have the  benefit of a bequest by the will of Robert Kilby the will be videlicet if my  son Richard Kilby shall behave himself towardly and undertake the payment of  my debt and legacy then he to have all my land in Tredington if he behave  himself otherwise or to neglect to pay my debt and legacy as aforesaid then he  to have but S and leave it to the direction of his executrix jane Kilby the  defendant mother and also mother of the say Richard Kilby the plaintiff father  that the say Richard wave the say devise make to he and neglect the payment of  his say father be debt and legacy the say jane undertake and pay the same be  entitle by the say will and by her will bequeathe to the say defendant the  premise this court upon read the say will of Robert Kilby the testator which  be as be aforesaid declare that accord to the say will the say jane be well  entitle to the premise and that the defendant ought to enjoy the same and can  not relieve the plaintiff but dismiss the bill
chancery report smith contra Atterby car a devise land to his wife for life  and after to his old son with condition that if his wife shall be with child  pound shall be pay by the old son and heir at law to the child after the  mother death the wife have a child and after the mother and old son convey  away the land to a purchaser and upon notice prove of the will a decree be  make for the daughter for her money devise and declare it be a trust devise to  go with the land and yet this will be void in law as to the legacy see he who  be to have the benefit of the breach of the condition be the party as the heir  which shall pay the legacy the ground of the statute of will which be h cap be  for the good of child and posterity in this case there be no child but the  near of posterity
chancery report smith contra salad car foe fine of copyholder whether certain  or arbitrary it have be try at law the court will not relieve the plaintiff  other than for the preservation of witness the bill be to have a issue direct  by this court to try whether the fine of the copyholder due to the Lord of the  manor be certain or arbitrary chancery report er p the defendant insist that  there have be several trial already and verdict have pass for a fine certain  and particular one in ejectment before Mr justice Windham and another before  the Lord chief justice hale upon a special issue direct out of the exchequer  whether the fine be certain at d a acre and d a cottage or not and a verdict  pass on both trial for a vine certain this court declare they can not relieve  the plaintiff in equity other than for the preservation of testimony and  dismiss the plaintiff bill
chancery report smith contra smith car foe this court declare that they will  help a defect in a surrender Hayn v Nelson chancery report er report date hayn  contra nelson car foe interest for OrphanageMoney the defendant for any money  which he have put out belong to the plaintiff as her OrphanageMoney shall  account and pay interest after such rate as be allow for OrphanageMoney by the  court of orphan and no more
chancery report STOELL contra BOTELAR car foe supplicavit of the peace on  petition and not on motion nor any endorsement on the back thereof yet good  that a Writ of supplicavit of the peace issue against sir Oliver Botelar upon  a petition and article exhibit by the say Stoell the defendant insist the say  Writ issue on petition and not on a motion in court nor any endorsement make  on the back of the Writ as by the form of the statute be require and but three  of the say article be swear to by the articulate it be irregular this court on  read precedent notwithstanding the objection aforesaid of Botelar be full  satisfy that the supplicavit be well grantee and warrant
chancery report thompson contra baskervill party in suit on mortgage the  plaintiff Cause be hear before the master of the roll and the master of the  roll order that for want of proper party videlicet for that the mortgagor be  not make a party the plaintiff be a second mortgagee and contest the validity  of the first mortgage pretend to be make unto the defendant and to have a  account if a true one c the plaintiff shall pay five mark cost and make the  mortgagor a party the plaintiff set down his Cause as a original Cause and not  by way of appeal have indeed amend his bill but never serve the mortgagor with  process which he pretend he can not do because the mortgagor be beyond sea but  that they leave a Subpna at the last place of his abode videlicet the king  bench where he have be a prisoner but escape but the court will not hear the  Cause for the plaintiff ought to have the mortgagors answer or run out all the  process of contempt to a sequestration before he can hear his Cause against  the defendant for no contempt can be without service of the Subpna vide ante  chancery report er p
chancery report Throgmorton con Wagstaff car f occupant asset the plaintiff  seek to be relieve against engagement enter into by he as surety for the  defendant late husband the aid defendant have sufficient of her husband be  estate to discharge the same and the plaintiff insist to have lease for other  life whereof the testator be seize at the time of his death and on which the  say defendant enter as a occupant to be asset in equity this court in respect  the plaintiff do not get a case make of this point by such a time order the  defendant to be discharge of and from the plaintiff further demand vide for  this point the late statute of fraud and perjury
chancery report Tolson contra Lamplugh car foe deposition take in a former  Cause make use of proof the plaintiff pray liberty to make use of deposition  take in a former Cause wherein Henry Tolson the plaintiff late father decease  be plaintiff against Abraham molline and his wife and Mr winstanley defendant  the defendant Lamplugh insist that there be no colour or ground for the use  the say deposition take in the Cause wherein the say Henry Tolson be plaintiff  at the trial direct those deposition be take in a Cause whereto neither the  defendant the Lamplughs be party and there be more difference of the Title  between theDefendants the Lamplughs and Mr molline and winstanley than between  the say Lamplugh and the plaintiff Tolson the plaintiff Tolson insist that the  defendant the Lamplughs claim and derive their Title under Mr molline and his  wife and winstanley and so the say deposition ought to be use at the trial  which the defendant deny this court declare that the deposition in the say  former Cause ought not to be use against the now defendant the Lamplughs  unless they claim under the chancery report say former defendant but if they  do then the say former deposition ought to be admit as evidence against they
chancery report TRETHERVY contra HOBLIN car f bill to discover a Title the  plaintiff be a purchaser of the premise call the defendant to discover his  Title who insist on a long lease of year which be find by verdict for the  defendant and the defendant insist for cost for that the plaintiff suit in  this court be causeless and vexatious bring by the plaintiff the plaintiff  insist that he be not able to try the validity of the say lease at law during  the life of Oliver one of the defendant this court be satisfy that the  plaintiff have good ground to bring this suit for a discovery and relief and  to preserve the testimony of his witness it fall out to be a severe case upon  the plaintiff so no reason for the plaintiff to pay any cost either at law or  in this court
chancery report TUPHORNE contra GILBIE car foe this case be touch a occupant  in trust that the defendant Gilbie convey land to the defendant Heyward and  south and their assign to the use of they their heir and assign during the  life of the say Gilbie and Elizabeth his wife and to the long liver of they  with a proviso that if the say Gilbie shall pay unto Thomas Bennet the  intestate pound in Feb then the estate to be void and the say Gilbie to  reenter and the pound not be pay the estate become forfeit and the testatrix  whether mansel have pay diverse debt for the say though Bennet for who her  husband stand engage she have the order of this court for the defendant  Hayward and south to convey their interest to her which they do and the tenant  of the land have be order to pay their rend and the estate of the say whether  mansel in the say premise have be settle in the plaintiff who be her executor  by the order of this court but therebeing no decree in the Cause the plaintiff  have exhibit this bill to have the say estate confirm to he by decree chancery  report this court with the advice of judge and view of precedent of this court  whereby in some special case the court have order the possession against a  occupant do declare that where in case of a occupant upon a general trust this  court do rest doubtful how to decree any thing upon a matter of equity in  opposition to a ground or rule at law but this court find this case to be much  differ from a general trust upon a estate grant pur auter v j this be a  conditional estate pur auter vie grant as a security or pledge for a debt  which be not pay the estate by forfeiture become asset in the plaintiff hand  to pay the say bennet debt this court decree the say land to the plaintiff and  assign absolute during the continuance of the say estate for satisfaction of  the say bennet debt and tenant to attorn nisi causan and none show vide stat  of fraud and perjury as to estate of occupancy be asset
chancery report vintner contra pix car foe several legacy the first be due and  the other be not due till afterward the executor may not pay the whole legacy  to the first if there be not asset to pay the rest the defendant a executor  have pay a legatee her portion of pound the master in his report think it  against law that a executor shall pay some legacy and leave the rest of the  legatee unpay but every one shall lose in proportion the defendant executor  insist that the legacy be not all due at one time but some soon and some late  as the child be in age one before the other and the old daughter have a  preferment offer her and so no reason that she shall lose the occasion for  want of her portion which this executor by the will be constrain to pay her  this court will be satisfy what the law be when several legacy be give the  first be due and the rest not till in time after whether the executor may pay  the first if there be not asset to pay the rest this court refer this matter  to the judge of the prerogative court the judge certify and be of opinion that  by law the executor may not pay the first the whole legacy if there be not  sufficient to pay the rest chancery report this court read the will and the  proviso in it for supply of the legacy out of the real estate if the personal  will not suffice do conceive it equitable and just that the executor ought to  have carve equal and give each one his rateable part and therefore it must lie  upon the executor to make the rest of the legacy good in a proportionable way  and the executor and legatee to make themselves whole out of the real estate  the proviso appoint it in regard the legacy be to be make up out of the grow  receipt and not upon and out of a plentiful estate and that the executor by  his Fordwardness in pay legacy must now bear it out of his own purse this  court see no Cause to allow the legatee damage for the same
chancery report wallop contra owner Hewett car foe legacy give by a will and a  codicil be distinct not one and the same the plaintiff Henry and John Wallop  seek relief for pound videlicet pound apiece legacy give they by the will and  codicil of the lady Crofts the case be that the lady Crofts by her will give  the plaintiff pound apiece and afterward by a codicil annex to her will give  the plaintiff pound apiece the question be whether the say legacy so give be  one and the same or distinct and several legacy or what her intention be in  reference to the same and desire the judgement of the court therein this court  with the judge on read the say will and codicil be of opinion and satisfy that  the say legacy in the say will and codicil mention be not one and the same but  distinct and several legacy of pound and decree the defendant to pay the say  plaintiff pound
chancery report ware contra lake may car on a demurrer Lord chancellor and  judge brown S c Chan c demurrer to a Subpna in nature of a scir fac the  demurrer be to a Subpna in the nature of a to know fac and it be because he  that bring the Subpna do not thereby allege himself to be heir or executor to  he in the decree resolve that there never be a demurrer of this nature before  and the Subpna be no record nor any where file and so not to be demurrer to  but the Cause to be show at the return of the Writ upon the order and the  order mention he that bring the Writ to be both heir and executor and  therefore this demurrer be conceive very ridiculous and overrule accord
chancery report WARMSTREY content owner tanfield car l a foe a possibility  grant the plaintiff Title appear to be that one William freeman be possess of  the three part of the parsonage for the whole terin to come grant all his  interest therein to one aldborough in trust for the use of the say William  freeman and Alice his wife during their life and after to the use of such  issue male of their two body as the say William shall by will appoint and  after the say will appoint the premise after the death of the say Alice unto  Richard freeman son of the say William and Alice and that the say interest in  law of the say aldborough come by mean conveyance unto John and Robert palmer  and that the say Richard freeman during the life of the say Alice who not long  after die assign the premise unto the plaintiff and also release to the  plaintiff and the say palmer assure their interest in law in the say premise  to the plaintiff the defendant insist for Title that the say Richard freeman  about two year after his assignment aforesaid to the plaintiff make a lease of  the premise to Walter Thomas and John Makerith who pass their estate to one  Evans and chancery report Hawkins in trust for the defendant the lady Tanfield  and have possession give her this court with the judge take consideration of  the say assignment grant and release be of opinion and declare that howbeit a  grant of future possibility be not good in law yet a possibility of a trust in  equity may be assign and the say Richard Fremans assignment of his say trust  unto the plaintiff be also confirm bylhe assignment of the say palmer who have  the interest in law and the say plaintiff Assignmentis also precedent to the  deed make to the say Thomas by which the say defendant the lady Tanfield claim  the say lease
chancery report Whitehorn con Edward f trust the bill be to compel the  defendant to perform a trust and to redeem the premise the defendant deny the  trust and insist that the premise be convey to he absolute for valuable  consideration and that the plaintiff have deny the same to be a trust in  several answer this court nevertheless decree the defendant to come to a  account with the plaintiff touch the premise
chancery report wright contra dorset Jun Lord keeper Bridgman No revivor  against Jointenants Lord keeper declare that if Jointenants or tenant in  common exhibit a bill and any of they die pen the suit there need no revivor
chancery report wyard contra worse car f pound secure by a at the first nod by  way of mortgage mortgagee entail the annuity remainder over by will and die  mortgagor pay the pound to the executor the executor shall pay the pound to  the devisee and not keep it and pay the interest as the annuity be limit that  Elizabeth wyard the plaintiff mother lend one Wellington pound for security  whereof with interest make to several trustee a annuity of pound per annum out  of land for the use of the say Elizabeth provide that if the say Wellington at  any time repay the say pound then the annuity to cease which rend be pay to  the say Elizabeth accord who afterward by her will bequeathe the say annuity  to the plaintiff and the heir of his body with remainder over subject to the  say proviso and make the defendant executor who many year receive the say  annuity and pay the same to the plaintiff but the say Wellington be dead his  son and heir pay the say to the defendant and discharge the say annuity and  since the defendant have pay the interest of the pound to the plaintiff but  refuse to pay the pound to the plaintiff lest he may be after question for the  same after the plaintiff decease by the heir of the plaintiff body or by those  in remainder if the plaintiff shall die without issue whereas in case the say  annuity have not be redeem the same have be only at the chancery report  plaintiff dispose and so ought now the pound which can be entail by the law of  this realm which this court refer to a master who certify the truth to be as  aforesaid this court decree the pound to be pay to the plaintiff and for  payment thereof this court do discharge the defendant
chancery report Wyndham contra Wyndham Lord keeper Bridgman and justice  Twisden a decree by consent of a personal estate bind a purchaser for valuable  consideration order that a decree for a lease and other personal estate by  consent shall bind purchaser for valuable consideration otherwise say the Lord  keeper you will like gunpowder blow up the whole court of chancery a trustee  have be examine as a witness Anthony Keck moyser v peacock chancery report er  report date moyser contra peacock hill master of the roll bill for S d per  annum dismiss a bill be to have ten groat a year and the arrearage to be pay  for a pretend rend issue out of defendant house but dismiss at the hear for  want of equity yet the master of the roll say and allow the plaintiff to use  the deposition in this Cause at a trial at law in case of the death of the  witness though the bill do not pray to perpetuate the testimony a original  bill or bill of revivor if the defendant have not appear but stand out all  process of contempt to a sergeant at arm return no decree can he have against  he or the bill chancery report take pro Confesso unless he have appear and  stand in contempt for want of a answer No process of contempt be to be take  out against a defendant for disobedience of a order unless he be serve with a  Writ of execution of that order under the seal of the court
chancery report YEAVELY contra YEAVELY Feb Lord keeper Bridgman Lord chief  justice hale justice wile and baron Wyndham a decree not to be enrol after the  plaintiff death the case appear upon the order in fol and a verdict be for the  plaintiff that his father be dead before the sign and enrol the decree and it  come chancery report er p to hear Nov before the Lord keeper and chief justice  Vaughan and hale before any determination of the Cause they will be satisfy  with precedent where a decree sign and enrol after the death of the party have  be for that Cause only of the death of the party before sign and enrol reverse  and this day they produce for precedent videlicet frere plaintiff against  frere defendant which be hear January car where the defendant ewre will have  have the Administration of frere to sign and inrol a decree pronounce in  freres lifetime and upon a reference to the six clerk they certify they can  not by the course of the court chancery report April car a enrolment of a  decree in car be lose the Cause after so long time order to be reheard fever  car a decree make and order that if the defendant die before easter yet that  the plaintiff may afterward inrol it Dec car the plaintiff a administrator and  after a decree pronounce die before entry of the order and the entry be  suspend by the administrator de good non c maii car money after a decree enrol  certify due to the executor of the plaintiff and upon exception to the report  they be no party in court disallow but these precedent do not satisfy and  thereupon the bill be dismiss unless Cause
chancery will not entertain a bill against the bencher of a inn of court  relative to a renewal of a grant of chamber such matter be subject to the  jurisdiction of the judge Cunningham v Wegg bro Chan can and vide heart be  case dougl equity case abridge cap XXII creditor and debtor a where there be a  provision by deed or will for payment of debt what debt shall be pay b the  order and manner in which debt shall be pay or what precedence one kind of  debt shall have over another in equity c what shall be a good payment to who  and at what time d where debt of a different nature be due and a general  payment be make to which debt shall it be apply e what conveyance or  disposition shall be fraudulent as to creditor a where there be a provision by  deed or will for payment OF debt what debt shall be pay
chancery will not entertain a bill to rectify a mistake of name in a recovery  suffer at a court baron especial after a length of time and against a  purchaser bell v Cundall Ambl
chancery will not grant a issue to try the validity of a will of land lie in  the American colony such a will be not triable in Westminster half pike v hoar  Ambl a obtain a annuity or rentcharge charge on certain land of b s in Ireland  b suggest some fraudulent practice here in London in obtain it exhibit his  bill against a who be in England to be relieve a plead to the jurisdiction of  the court the land lie in Ireland but the plea be overrule and he be order to  pay cost for endeavour to oust the court of its jurisdiction equity case  abridge er p
chancery will not grant a perpetual injunction though the party have have five  verdict in ejectment at law unless there be fraud or trust or some accident  fall out to give the court a jurisdiction per Lord keeper Trin earl of bath  and Sherwin Prec in Chan Mod anon SC since this case of Sherwan and earl of  bath it have be take that after three trial have a perpetual injunction have  be allow select case in Chan may vide bunb Rep barefoot and fry in which case  a perpetual injunction be decree per tot curian after five ejectment and two  bill in equity injunction grant for print c the court calendar Watson v  jefferies hill ms Rep for print c gib architecture Hitch v Langley Aug ms Rep  for print c millar gardener calendar Rivington v Cooper may the proprietor of  doctor trap book against be righteous over much have a injunction the  defendant under pretence and Title of a extract print part of the book and be  print the rest in a pamphlet call the gentleman magazine demurrer for that a  extract such as this be not within the stat Ann for then equity case abridge  er p all extract in the memoir of literature will be so but by Lord Chan  Hardwicke it be not material what Title you give the book nor whether you  print all at once or not Austin v cave may ms Rep
chancy and rutter Thursday october arrest in trespass and false imprisonment  the defendant justify by arrest on latitat to which the plaintiff reply that  the writ be take our after the arrest to which the defendant demurrer per  curian the antedate of the writ will not suffice if the proceed be after as  Harrison case on obligation not to prosecute before easter term the defendant  say be do not the plaintiff reply that he sue forth a writ returnable in  easter term testae in hill term to which he appear to which the defendant re  Keble join that he sue forth the writ after the beginning of easter term which  he be estopt to do the first writ be his own and the appearance be to that  writ therefore though prosecute by another in his name be not avoidable and  for the same reason be be conclude to say be sue it out after easter term but  a stranger be not conclude to say the writ be sue out after and so here  especial the latitat be do suable with any other testae than of the precedent  term but original may be testae at any time and judgement for the plaintiff  nisi on long and Biltons case and benet and Pilkins case
chancy v FENHOULET April SC atk and at the hear atk demurrer allow to a  discovery of the fact of a marriage which if take place without consent see  Pollock v cross l Meriv as to the doctrine on forfeiture penalty c in  Brownsword v Edward Ves sen and beam on plea in equity there refer to will  cause a forfeiture of a estate the bill charge there be such marriage and no  consent supplement demurrer to bill for discovery as to the fact of marriage  by which if without consent of particular person a portion be give over it be  say the discovery pray be only of the marriage not of the consent and be  compare to a estate during widowhood remainder over in which Lord Talbot hold  plaintiff entitle to such discovery Lord chancellor think it a extreme hard  demand upon the defendant own discovery when the continuance of a estate be  only during widowhood it be no more vesey senior er p than a conditional  limitation but this make a forfeiture of that which will be otherwise absolute  in the defendant as to the discovery be of the marriage not of the consent  that be only in word for the bill charge the marriage to be without consent if  plaintiff wave the forfeiture defendant be compel to discover as the court  have a ground of equity to award a injunction if plaintiff sue for the  forfeiture Ves sen atk atk
chancy vers needham practice on enter up judgement on old warrant of attorney  andr SC vin Abr pl on the November about twelve at noon a motion be make to  enter up judgement upon a old warrant of attorney and a affidavit be produce  swear the day before of the party be alive and the debt unpay upon which the  court make the common rule the solicitor general at another day move to  discharge it upon a affidavit that the defendant die the day the first motion  be make at seven of clock in the morning and insist that this be by surprise  upon the court and on great debate the court declare that if it have then  appear that the man be dead they will not have make the rule wile v sand ante  S p in b r Saville v Wiltshire S p in c b barn but they apply the maxim become  non debet factum valet to this case and compare it to the case salk and full v  Jocelyn ante and thus suffer the deceit which have be put upon they to prevail
CHANDFLOWER against waterhouse and PRESBYE Intr m Elizabeth b r rot covenant  be bring that whereas c have deliver to the testator of the defendant hogshead  of copras upon condition to pay at a certain day and if it be not pay c that  then it shall be lawful for the say c peaceable and quiet to have hegoat c the  say hogshead and say that the money be not aid quod non to be able Pacific  quiet to have c which be nought because he have not count how he be disturb at  the take of they note e covenant and judgement quod to seek nothing to take in  hand
chandler against grills in a trespasser the party be at issue and a venire  facias be award on the roll returnable octabis number three and the venire be  make six day after the day of octabis returnable at a day out of the term and  the distringa be make and the jury impanel and a verdict and judgement for the  plaintiff and in a writ of error bring this matter be assign and the first  judgement affirm for this be aid by the statute be it be the default of the  clerk and the case be cite between thorn and Fulshaw in the exchequer Chamber  mich Elizabeth where the roll be nought then it be erroneous because the  venire be without warrant and no record to uphold it and so be it hold in the  case of water Hungerford and besie hill Elizabeth
chandler against the hundred OF sun on the statute of hue and cry hilary geo  on a case make on a point reserve at the trial where a verdict be find for  plaintiff subject to the opinion of the court Mr justice Abney and Mr justice  birch deliver their opinion that though plaintiff can recover the value of  banknote of which he be rob to the value of for want of a sufficient  description thereof in his advertisement in the London gazette yet he ought to  recover for what be sufficient describe barn videlicet his watch and money  value the word of the late Act be to be take distributive Lord chief justice  and Mr justice Burnett be of opinion that nothing can be recover the word of  the late Act be that plaintiff shall not maintain his action unless he  describe the robber c together with the good and effect of which he be rob  twenty day before the advertisement be give to the person rob to recollect a  particular description the party rob ought to discover as well as he can all  the good he lose to give light to the hundred to take the robber the person  rob get nothing by the take the public indeed be benefit a person rob of a  large sum of money probable can far describe it than that it be in gold and  silver but perhaps can describe other particular thing then lose which he  ought to do the description of banknote by number date and sum which in this  case be omit be high useful for discovery No two have the same mark if  plaintiff at the time of his advertisement have not know the number c but  recollect they afterward the action will lie but on the trial he acknowledge  that he know they and they be all particular enter in his pocketbook at the  time of the advertisement the court be divide no judgement can be enter on the  verdict
chandler against violet Friday may infant Siderf pl in action sur case on a  promise the defendant plead the statute James cap of limitation the plaintiff  reply that he be a infant at the time and that within six year after age he  bring this action to which the defendant demurrer because action sur case on  promise be not within the exception or save in the statute send non allocatur  for the exception of action sur case for word be not restrain to word only and  judgement pro plaintiff nisi
chapel and another executor of gough a attorney against chapman the plaintiff  have deliver a bill of law business do by their testator defendant move to tax  it upon bring the money into court send to say no it be constant deny here  prime for defendant Eyre for plaintiff
chapel and DP Ew car banc Reg hill car rot exception to a pardon for felony  pardon in this case the party be attaint of felony plead his charter of pardon  and claim thereby to be restore to his good and chattel forfeit to the king by  the felony and the question be whether as the pardon be pen he shall be  restore or no the word of the pardon upon which the question grow be these  pardonavit to let go back relaxavi and it be hold that he be not by these word  to be restore to his good and chattel for the word do not amount to a  surrender in case of a common person much less in case of the king and there  ought to have be the word to set up again roll justice say this pardon be draw  by Nov attorneygeneral and be too short and it be say by he that if one be  commit to the gaol for one felony the justice may inquire and try the party  for another felony for which he be not commit
chaplain and skut assumpsit in quantum to deserve for l for work after  imparlance the defendant plead tender of l in court and that the plaintiff  deserve no more to which the plaintiff demurrer per curian its ill after  imparlance and be only to save cost the party agree to take the plea pay cost
chaplin and his wife plaintiff come and ellen heart widow defendant trustee  have break his trust by deliver up a bind and take security to save himself  harmless be decree to pay the money the father of the plaintiff wife by his  last will devise to her pound to be pay at her age of year and soon after he  die report tempt finch the mother improve this sum to and afterward marry one  Jeggon who give a bind to go and to heart the defendant husband in the penalty  of pound condition to pay the say pound to the say legatee at her age of  nineteen year Jeggon die intestate and heart be likewise dead have make a will  and the defendant Ellen heart executrix and now the plaintiff exhibit their  bill against go and the say executrix of heart to have this legacy or  otherwise to put Jeggons bind in suit but they pretend that they have deliver  up the bind to one Kingsbury the plaintiff uncle and have take some security  or Counterbond from he to save they harmless the court be of opinion that the  defendant have break their trust by deliver up the bind and decree that they  shall make good the pound and interest to the plaintiff ever since it be due  term sanct hill car year
chaplin v chaplin equity case abridge er the parole shall not demurrer in  prior encumbrance nor in trust for sale but in equity of redemption only east  Ann in canc pale yellow Rep in Eq bill by a bind creditor against the heir and  the executor of the obligor to have a satisfaction of a debt due upon a bind  out of personal and real asset the heir insist that as to he the parole ought  to demurrer for that he be a infant and the bill seek to charge mrs  inheritance which come to he by descent from the obligor the parole shall  demurrer until the defendant come to mrs full age as well in this court as at  law which be not deny by the attorney general counsel pro quer order that the  clause shall stand in position quo until the infant heir come to full age but  as to the other defendant the executor decree to account and make a  satisfaction out of the personal asset as far as they will go per king c Trin  Geo hazard and Dixon vin ab title infant Q can land be give to h and his heir  for three life a die his heir do not take by descent so as to have his age or  to make the parole demurrer but take as special occupant though have it be in  the case of land in fee descend on a infant the parole shall have demurrer in  equity as well as at law Trin in grammatical case chaplin and chaplin will Rep
chapman against brook Trin banc sup Trin rot demurrer to a declaration in a  action on the case in a action upon the case the plaintiff declare upon a  custom of commoning in such a place the defendant demurrer to the declaration  and for cause show that the custom be not well lie for the plaintiff declare  of a custom of commoning pro averiis videlicet pro horse an ox equab et  darkgray cloth and the word darkgray cloth be of a uncertain signification for  it may signify a calf a lamb or any other young beast or foul and car see be  and dyer case be cite the court hold the exception good and say that it be  incertain what be mean by the word pullus and say that if the prescription  have be pro omnibus averiis it have be good and the videlicet shall have be  void but here it be only pro averiis therefore nil to take in hand per billam
chapman against Fothergill consideration that he will consent and not hinder a  marriage and do not say where he consent and do not hinder assumpsit in  consideration the plaintiff will consent and will not hinder the defendant to  marry such a woman in who the the plaintiff have some power of persuasion the  defendant promise to pay he and say that be consent and hinder not the  marriage and that the defendant marry the say woman and have not pay the upon  general demurrer judgement be give for the defendant because it be not show in  the declaration where or in what place the defendant do consent and this be  not a mere negative not to hinder as be object by the plaintiff but  affirmative also to consent and not to hinder
chapman against gale general judgement against a executor enter by mistake of  the clerk amend vide law witness lev keb debt against a executor who plead  plene to manage and verdict and judgement for the plaintiff which be enter  general and thereupon error be bring and it assign that the judgement shall  have be de good testator si c but upon the affidavit of astry the attorney  that he give his clerk instruction to enter it up accord to the plea and that  it a mere mistake of the clerk it be amend as a misprision of the clerk
chapman against Kattern otherwise CATTERNS after judgement and notice of  execute a writ of inquiry of damage defendant in November move to set aside  the proceed object that though the Act to prevent vexatious arrest expire  saint June last plaintiff by virtue of a affidavit of service of the process  swear before the filazers deputy that October last have that day enter a  appearance that the affidavit be in person non judge and the appearance void  on show cause by the plaintiff it appear that the writ be serve in last may  returnable of easter term that on service defendant pay part of the debt and  cost and plaintiff give he time to pay the residue and do not renew the  proceed till after that time expire and default make per cur the application  may have be make the first day of the term it seem now to come too late the  time be enlarge at defendant request and now he will take advantage of it this  look like a trick to evade justice the appearance may be look on as enter at  the return of the writ as record nunc pro tunc the affidavit be not take  before a person have proper authority but it be very late to inquire into that  matter now proposal to pay the residue of debt and cost include the cost of  the judgement but not of the motion agree to by defendant and thereupon  proceed stay agar for defendant Bootle for plaintiff
chapman against rial and other trinity geo after appearance enter by plaintiff  on affidavit of service of process motion by defendant to stay proceed no  attorney name be set upon the copy of the process serve on child one of the  defendant as require per stat George and rule to show cause be make absolute  per cur the statute be compulsory and for defect in notice to appear subscribe  to copy of process serve nothing be more frequent than to stay the proceed and  where the defect be in the copy of the process the reason be the same though  the writ itself be right yet the copy serve be defective and proceed must be  stay there be nothing in stat Geo cap sect stat Geo cap sect or any other  subsequent statute whereby the statute Geo be alter or repeal in this  particular prime for defendant agar for plaintiff
chapman against Southwick assumpsit Siderf pl style pl in action sur case by  lessor against defendant pretend interest under one Lodg a lessee for year who  be dead without administrator or executor in consideration the plaintiff will  permit he to enter into the house which be then shut up and void by reason of  the plague he promise to pay arrear that then be due and become tenant to the  plaintiff accord to the indenture and winnington move in arrest of judgement  because the plaintiff have nothing to do with the possession and he that enter  be a trespasser against the executor or administrator of the lessee and so it  be no more than if a mere stranger have thus permit the defendant to enter to  which Twisden incline but per curian the plaintiff who be wife and devisee of  the lessor be no mere stranger to the house but may enter to distrain or keep  out all stranger also the say he will become tenant accord to the indenture be  a plain intent of promise to pay the rend as yield and pay in a lease by the  agreement to become tenant the defendant be Chargeable by debt or distress and  not by action sur case without special promise so the damage be entire for the  arrearage at the time of the promise and after be void send non allocatur for  be it to pay all rend arrear and after due it be plain that he be Chargeable  by promise and Keble this be of the same import for be can become tenant under  that indenture but it be a agreement to pay that rend and perform those  covenant and judgement pro plaintiff nisi
chapman against SOUTHWICKE promise if he will permit he to enjoy a house as  lodge do to become his tenant as he be a good promise to pay the rend SC I  side keb assumpsit that where the plaintiff husband be seize in fee of such a  message and have make a lease thereof to lodge and afterward devise the  reversion to the plaintiff and that lodge die the house be empty and lock up  and the defendant pretend a title thereto under lodge promise to the plaintiff  that if he will consent that he shall enjoy it as lodge bad it that he will  become his tenant as lodge be and pay the arrear and that he consent and the  defendant enjoy and have not pay so much due for rend part before the promise  and part afterward after verdict for the plaintiff it move in arrest of  judgement first that here be not any consideration for it do not appear that  the plaintiff have the possession whereof to permit the defendant to have the  enjoyment nor that the defendant bad any title but that be so pretend dly to  the promise to become his tenant as lodge be be not any promise to pay the  grow rend and for that he ought to have declare in debt on the lease as  assignee of levinz lodge but by the court as to the first the permit he to  enjoy it by the devisee of the reversion be a good consideration whether he  have a title under lodge or not and if he have no title it be the strong  consideration dly the promise to become his tenant as lodge be extend to pay  the grow rend as lodge ought to have do and the action will lie on this  express promise notwithstanding there be a lease
chapman against win payment in debt on obligation conditional to pay livre to  a stranger by Michaelmas the defendant plead payment of a lesser sum before  the day to he to which the plaintiff demurrer on die b pl Cond Br   Pinnells  case and per curian prwter Keeling Ch just the plea be ill to a stranger but  adjornatur
chapman and easton when a issue be join relate to another appearance what  shall be say to be a good manner of plead in such sort of case upon a writ of  error on a judgement in the common plea in a action upon a bailbond the case  appear to be that the defendant plea be that the original defendant appear at  the day in pursuance of the process which be returnable quinden pasch the  plaintiff reply quod non to have tale record petit quod record mock inspicia  without give the defendant liberty to rejoin quod to have tale record accord  the judgement be super hoc to look into rotulis boundary predict it appear to  the court that there be no such record and therefore they give judgement for  the plaintiff Mr Parker now argue that this judgement ought to be reverse in  the first place because the plaintiff have issue join too soon and in the next  place because on the trial of this issue the court have inspect a wrong roll  the roll which they ought to have inspect be that of easter term but no such  roll be mention in this record neither be any other mention but that of mich  term which this action be first commence in so that the boundary predict can  only relate to the boundary michaelis but the court say that the original  action be commence in the common plea as well as this upon the bailbond and  therefore the record appeal to be a record of that court where it be plead for  which reason they observe that the plaintiff have it in his power to reply in  the manner which he do and so they say this point be settle in Carthew then as  to the other objection they be of opinion that Barnardiston king b er p the  clause of super hoc look c be only a partial reason of the judgement and may  be reject as surplusage accord they affirm the judgement
chapman and lamb how far good which a person buy abroad for his own use shall  pay custom or not in a action bring against the defendant for take fourteen  shirt six handkerchief a nightgown and a velvet cap they justify as  customhouseofficer and upon the trial a case be make for the opinion of the  court wherein it be state that the good in question be foreign good and buy by  the plaintiff in his travel beyond sea that the good be necessary wear apparel  for the plaintiff and buy by he for his own private use and not by way of  merchandise that the say good be land by the plaintiff at Dover and that the  defendant as customhouseofficer demand duty for they but that the plaintiff  refuse to pay any whereupon the defendant seize they Mr kettelby argue for the  plaintiff and say that he apprehend the only statute which give any colour to  support this seizure be that of Ch but he submit it that upon examine that  statute it will appear that no good be seisable by virtue of it but such as be  buy with a intent to be sell again by way of trade and merchandise and the  case have express state it that the present good be not so he cite too Vau for  this purpose Mr reeves on the other side argue and submit it that it will be a  thing of dangerous consequence to the king custom to put the officer into a  inquiry concern the intent of the party buy foreign commodity the only rule  which he apprehend the officer of the custom can go by be the good be foreign  or not foreign for which reason he conceive that if a man bring over a  hogshead of wine with he there be no pretence to say but the wine must pay the  duty the court seem to agree the case put by Mr reeves but think the present  one distinguishable from it however upon the attorney Barnardiston king b er p  general be desire to be hear on behalf of the crown the matter be order to  stand over vide post
chapman and Lamphere Mod word bankrupt of a carpenter ante action for word  speak of a carpenter he be a break fellow and run away after verdict for the  plaintiff it be move in arrest of judgement that a carpenter can t be a  bankrupt which be admit by the court but they hold the word be actionable  because they concern his trade Selby the word do not scandalize he in his  trade for it be not say that he get his live by buy and sell and therefore  they be not actionable side Emerson S case style of a farmer cro squire S case  pasch James rot dobson and Thornicroft adjudge accord in this court in the  ease of a farmer Pollexf en pro quer admit it be not a trade within the  statute of bankrupt yet the word be actionable for scandalize he in his trade  roll best S case Ellis S and hunt S case it be actionable to say of a merchant  that he be a cheat Selby contra it can t be a disparagement to he in his trade  because his skill be his livelihood latch Poph Ch I the word be not actionable  Holloway they be Powell they be not without special damage and a carpenter be  a manual trade and not of buy and sell Allibon they be actionable for though  he can t be a bankrupt yet the common people can t distinguish it and  therefore it be a equal defamation to he in his credit the court be Comberbach  divide in opinion the plaintiff have judgement but it be otherwise where the  court be divide on demurrer or special verdict
chapman and other the assignee of uvoodward against PRESTLAND how far the  court will enlarge the time for the defendant plead till the plaintiff shall  deliver back a book to the defendant which the plaintiff have get in his  custody on rule to show cause why the defendant shall not have four day time  to plead after the plaintiff have deliver back a book of account which they  detain from the defendant Mr Filmer say that this be a cashbook in which be  enter all the deal between uvoodward and the defendant writ with the hand of  the defendant and therefore proper to be make use of against he upon evidence  he do agree that there be a general book of account keep by uvoodward which be  always copy from these several cashbooks but no part of that book be sign by  the defendant and therefore it can not be make use of against he upon the  trial but Mr strange on the other side say that since the plaintiff have have  this book they have make several entry in it in their own hand out of the  general account book and therefore it will be very extraordinary that they  shall have it in their power to give this book in evidence he say far that  they have actual take a direct copy of this book since they have have it in  their possession and therefore that will be sufficient evidence he take notice  likewise that this book be only lend they at first and now they refuse to  return it he say too that he well remember a case where one of the party take  away the paper belong to the other by violence from he and the court put off  the trial which be to have be at the bar upon that occasion accord the rule be  make absolute
chapman v barlow Dec tithe of headland mill and cherry bill by the rector of  Radnage in the county of Buckingham for the tithe of headland of a mill and  cherry Bunbury the defendant insist the beadlands be only large enough to turn  the plough upon and as to this the bill be dismiss as to the mill no tithe  thereof have ever be pay and be a ancient mill it be adjourn to consider  whether the tithe of a water corn mill be a praedial or a personal tithe as to  the black cherry the defendant insist they grow wile in hedge and waste place  and serve for fence his ground but the defendant be decree to pay the tithe of  these cherry Bunbury de term S hilarii the first day of this term baron  Gilbert sit in chancery as one of the commissioner of the great seal
chapman v chapman before the Lord keeper upon motion this day make unto this  court by Mr carter be of the plaintiff counsel in the presence of Mr brown be  of the defendant counsel it be allege that the commissioner for examination of  witness in this cause have in the commission by they execute omit the name of  William carpenter exa Simons mine as a witness at the say commission with his  place of abode and age that this cause be set down to be hear before his  lordship on the that day of July next but the plaintiff can be prepare for  hear on that day it be therefore pray that the commissioner for examination of  witness in this cause may amend the say deposition by insert the name age and  place of abode of the say William carpenter and that the cause may be adjourn  over to be hear some time after the term whereupon and upon hear of what can  be allege on both side it be order that this cause do stand adjourn over to be  hear on the four day of cause after this term and that in the meantime the say  commissioner be at liberty to amend the say commission by add the name age and  place of abode of the say William carpenter thereto A fol
chapman v turner equity case abridge n er satisfaction for a former debt due  from the executor himself without fraud quaere term and year ms note if a make  b one of his executor and b owe a money upon bind though the debt be  extinguish in point of law yet if the residue of the estate be devise between  the executor the CoExecutors may sue in equity for their share of such debt  and it shall be asset Selwin and brown can tempt Talbot to draw close and  Brockwell quaere term and year ms Rep there be no colour for one executor to  force the asset out of the hand of the other unless there be some special  reason for it and then the court upon a proper bill will take care of they  Lewis and scale quaere term and year ms note but if both the executor be  creditor to the testator and one debt all the asset into his hand equity will  not suffer he to retain against his companion chapman and turner quaere term  and year ms note
chapman vers lamb good that be not import by way of merchandise pay no duty  barn b r Kely SC more full trover lie against the officer who seize and carry  they away tinkler v pool burr S p in trover for fourteen shirt a nightgown and  cap a case be make for the opinion of the court that the plaintiff arrive at  Dover from France and bring the good with he as his own wear apparel and not  as merchandise or for sale and the defendant seize they for nonpayment of duty  Ketelby for the plaintiff insist that by and car c no good be liable but as  such be import as merchandise and cite Vaugh reeve contra insist that the  plaintiff be by this one importation a merchant within the car c and that the  only test whether good be import as merchandise be whether they be such as may  be expose to sale at this rate every man may import his own wine or silk for  all his family he say the attorneygeneral insist to speak to it so the court  order a beyond concilium though they incline strong for the plaintiff and this  term Mr attorney come into court and say that it be state with negative word  that the good be not import as merchandise it be too hard for he to maintain  but if it have stand only upon the word that he do not bring they in to sell  he will have contest it so the plaintiff have judgement
chapman vers Maddison b r will expect a return of a latitat to Durham andr  much full a latitat be offer to the proper officer of the bishop of Durham and  a demand make upon he to issue the usual mandate for a execution of the  process the officer refuse to receive it upon pretence that the process of b r  will not run in the county palatine and upon motion against he for a strange  attachment a long argument be make by the bishop counsel to show the antiquity  and dignity of county palatine and that no process will run there but from the  exchequer which be consider as a prerogative suit but the court on  consideration declare that whatever may be the case when the question come  proper before they upon a claim of conusance or plea to the jurisdiction yet  they will never endure that the officer shall refuse to receive their process  they cite lee v ransom mich Geo where to a latitat into the county palatine of  Lancaster it be return that the writ lie not and the court quash the return as  not be a proper way of bring the point in question they say the true meaning  of the expression breve domini king non to run be that the court can write  direct to the sheriff as they do in other case in this case the rule for a  attachment be make absolute so a latitat run into Wales very v Jones Doug  Lloyd v Jones ib n but Lampley v Thomas will and Jones v Jones ib be contra
chapman vers Pointon No attachment against a witness unless reasonable expense  be tender he a witness be serve with a subpoena at Chester to attend at the  sit at guildhall and two guinea be tender by the person who serve it and be  object to as too little he declare he will give no more the witness not come  up a attachment be move for and on show cause discharge the court say it be  too little and that the witness be not oblige to trust to the court be allow  he more when he come to the book for perhaps the party may not call he and  then it may be difficult for he to get home again that this way of punish as  for a contempt be new and practice only in this court strange report er p the  common plea not do it to this day but have the party to his remedy on  Elizabeth c and therefore they will not enter into any nice calculation of the  expense but confine their inquiry to the question whether the nonattendance be  through obstinacy or not Stephenson v brook S p in c b barn
chapman versus brown mich Geo two b r in assault and battery and cost for not  go to trial a fresh action bring and the plaintiff go beyond sea the court  refuse to stay proceed till cost pay action of assault and battery and cost  for not go on to trial the plaintiff bring a fresh action and now Mr S move to  stay proceed till the plaintiff have pay the cost of the first action and  produce a affidavit that the plaintiff be go beyond sea so that if the verdict  shall be for the defendant no person to W Kelynge er p come against for cost  the court say this motion be against the general rule but the plaintiff be  beyond sect do vary the case and therefore order to search precedent Mr S then  turn the motion that the attorney may show by what authority he prosecute this  action contrary to the express command of the plaintiff but this the court  absolute refuse at another day Mr S stir this again and cite the case of a  Pauper but the court say that do not come up to the present case and remember  the case of knock versus Wilkins which be a action of assault and battery and  like motion be deny the attorney for the plaintiff afterward enter into a rule  by consent to pay cost if the plaintiff shall be nonsuit or a verdict against  he note in the case of Jones versus Eubank mich Geo two the like motion be  make and grant per cur
chapman versus derby hill will mark b r rot assumpsit and the promise well lie  error of a judgement in c b in a assumpsit wherein the plaintiff declare as  administrator to t S and set forth that the defendant indebitatus to be eiden  the plaintiff in so much money by he the defendant receive to the plaintiff S  use as administrator of t S and object that the promise be ill lie say non  allocatur so the judgement be affirm
chapman versus peascod Trin James rotulo a action of debt bring upon a  obligation with a condition to give and grant to he his heir and assign the  defendant plead that he have be ready to give and grant and adjudge nought for  he must plead that he do it otherwise it d be if the word have be as counsel  shall devise
charge in trover because a Tort yet neither on a contract nor as bailiff nor  for good to carry on a Trade can he be charge and therefore when they be make  factor security ought to be take from their friend for their account Trin  small and small SC ante Eq can Abr
charitable corporation versus woodcraft rule to inspect the book of the  charitable corporation refuse it be doubt per our whether they be public in a  action of covenant against the defendant as security for John Thompson late  warehousekeeper to the charitable corporation the issue be whether Thompson  actual do receive some certain good with which he be charge and draper for  defendant move for liberty to inspect the corporation book as be public book  cur doubt whether they be public book and so will make no rule but they tell  draper he may give they notice to produce they at the trial ld raym ld raym  Barnard bar Bl r t r where it be say the leave be of course see p post the  king Hollister and I Tid Edward
Charles Bridgman plaintiff thomas tyrer and other defendant money due on a  mortgage decree to be asset in equity Thomas Godwin upon the marriage of his  daughter with the plaintiff Charles Bridgman promise to give her pound the  marriage take effect and Thomas Godwin die and now the plaintiff exhibit his  bill against the executor to have the benefit of this promise the defendant  refuse to pay the pound pretend want of asset and that it be a marriage not  only without the father be consent but that the husband agree to settle pound  per annum on her which he have not do but it appear that the marriage take  effect upon the say promise make by the father and that there be asset and  pound due to the testator estate which be secure by a mortgage and that the  plaintiff in a action bring by he against the executor have obtain a verdict  and judgement against they the court decree that the executor shall come to a  account and pay the say pound to which payment the personal estate shall first  be liable and if that fall short then the principal and interest due on the  say mortgage after real encumbrance be take off shall be liable to make it  good the court declare that the money due on that mortgage be asset in equity  and ought to be apply after the real encumbrance make by the mortgagor be take  off with the personal asset towards the plaintiff satisfaction
Charles busby Esq plaintiff joshua cross dr of law defendant privilege of the  university plead and allow the bill be to have a bind of pound penalty to be  deliver up the money be pay the defendant plead that he be a privilege person  of the university of Oxford videlicet a dr of law and resident there which the  chancellor certify and demand conusance of the matter in question as  examinable and to be determine in the court hold before he or before the  vicechancellor his deputy or commissary and not elsewhere the court dismiss  the bill and allow the plea
Charles cornel plaintiff warren and ware and other defendant bill to be  relieve c the defendant plead a former bill for the same matter and dismiss  and a action bring for the same matter and the plaintiff nonsuit and another  judgement on a verdict on full evidence and affirm in error the plaintiff  exhibit his bill to be relieve for several good ware and merchandise ready  money in gold and silver as well foreign as English and for several pearl  report tempt finch jewel diamond amber and ambergrease and other thing of  great value bind bill c which be come to the hand of the defendant and ought  to be deliver to the plaintiff the defendant plead a former bill depend for  the same matter which upon hear the Cause be dismiss and a action bring at law  in the court of common plea for the same thing in which action the plaintiff  be nonsuit and that there be a judgement obtain against he after a verdict  upon full evidence which judgement be afterward affirm on a Writ of error the  court allow the plea
Charles Hamond who sequitur tam c how plaintiff versus William tailor  defendant in debt upon the statute of and Edward cap concern ingrossers c for  engross two thousand quarter of oat after nil debet plead it appear in  evidence upon a trial that they be foreign oat and exempt by the Elizabeth cap  as foreign victual quod cur accord and also that the defendant be a licence  badger and by that too exempt from the penalty of the statute and it be hold  by hale chief baron that any thing in the same statute upon which the suit be  commence may be give in evidence but if it be in another statute it must be  plead but that since the statute of James upon the general issue any thing may  be give in evidence and excuse of the party and thereupon the plaintiff be  nonsuit
Charles selby Amherst c plaintiff William Robinson litton all defendant in  court Lord chancellor upon the petition of the defendant William Robinson  Litton both cause come on to be reheard and the Lord chancellor be please to  declare his opinion in favour of the defendant William Robinson Litton but  offer the plaintiff if he desire it to rehear the cause again assist mosely  report with judge which the plaintiff desire it be order the say cause shall  come on again to be reheard on that day fortnight Ant Cas post Cas Tuesday  October the that
Charleton against hankey and another hill geo the capias be returnable that  October last and judgement sign November that follow chapel move to set aside  judgement as sign the that day after return of the writ which be one day too  soon defendant have by the late Act of parliament eight day to appear after  the return of the writ and by the practice barn er p of the court four day  afterward to plead and the court make a rule to show cause whereupon Darnal  show for cause that the declaration be leave in the office de bene be pursuant  to the rule of court make in Michaelmas term king g on the three November and  notice thereof that day serve on defendant and a rule to plead give the same  day and on that November defendant not have appear plaintiff upon the usual  affidavit enter a appearance for he and afterward the same day sign judgement  which the court hold to be regular and discharge the former rule
Charleton against MORECLOCK ante judgement levins assign error of judgement in  debt on relict verificatione after issue upon non be factum be pity which as    Beechers case shall be to take in hand the court incline it be well enough  precedent be both way et adjornatur
Charleton against MORECLOCKE trin car rot judgement modern pl sander move that  on non be factum plead and after venire facias award relict verificatione the  defendant confess the action that a pity be sufficient on Cr contra to    Beechers case but per curian he ought to be fine and not amerce for his faux  plea albeit the country be not put to trouble et adjornatur Keble er p
Charleton and Bancroft vide ante Mr Abney move now that the rule for set aside  the execution may be make absolute Mr agar oppose it because the execution be  execute on the Monday after the rule be make for nonprossing the writ of error  and the plaintiff in error be present in court at the time that rule be obtain  however the court say inasmuch as the writ of error be not actual nonprosed at  the time of the execution the execution be certain irregular accord make the  rule absolute and in this case judge page say that a writ of error be a  supersedeas not from the seal of it but from the allowance of it
Charleton versus sander et all in assize the writ be of a freehold in c and  the plaint of one message c whether the defendant plead that the tenement be  in h must traverse their be in c assize of land in Middlesex be bring in a b  and the writ be of a freehold in Covely at Cowley and the plaint be of one  message one hundred acre of land ten acre of meadow thirty acre of pasture and  ten acre of wood with the appurtenants c and it be plead that the tenement c  be in Helingdon and not in c and judgement pray of the writ and if c nul tort  c quaere whether it be necessary to traverse their be in a because the writ be  only supposal S of a freehold
Charlton against fine amendment Br payment in debt on bind condition to pay  money at several day the defendant plead particular payment accord to the  condition the plaintiff reply that I Cr Dunscomb he do not pay at such a day  certain hoc a preparation be verify to which William demurrer general the  court agree the replication ill and ought to be de hoc to put down see super  native land but on performance general plead the plaintiff may reply with  particular breach hoc a preparation c and leave the issue to the defendant  also Twisden agree this be substance and need not be special demurrer to send  curian contra want of averment where its necessary be substance but contra of  a male conclusion as here hoc a preparation for de hoc to put down see super  native land Adjornatur
Charlton against hankey and Alsop mich geo two prac ring barn S c judgement  good on a declaration deliver de bene be Reg cur mic Geo ill No I Vid Anderson  v Moreton ante p Jones v Merriden p Morse v Farnham p and case there cite cook  a motion to set aside a judgement because the plaintiff do not stay four day  for a plea after the eight day for appearance be expire but sign his judgement  the same day he enter the appearance for the defendant which be the that cook  c p er p day but it appear that the declaration have be deliver de bene be and  that the rule to plead be out before the appearance enter the court deny the  motion notam by the statute of Geo cap S it be enact that if such defendant or  defendant shall not appear at the return of the process or within four day  after such return it shall be lawful for the plaintiff upon affidavit c to  enter a common appearance and under this statute it be the practice for the  plaintiff attorney to enter the defendant appearance the next day after the  appearance day but by the statute Geo ill cap S the defendant or defendant a  copy of the process in English have be serve as by say Act be direct shall  appear at the return thereof or within eight day after such return
Charlton versus BANKCROFT pasch Geo two error after judgement in b r the party  enter into a agreement not to bring error in parliament notwithstanding which  the defendant bring error c upon this the plaintiff apply to the court to  quash it and have a rule accord upon which he immediate take out execution and  the court be now move to set aside this execution it be insist upon and so  rule by the court that the rule be no supersedeas to the Writ of error if the  defendant refuse to obey the rule the plaintiff may have have a attachment but  while the Writ be in be the plaintiff can not sue out execution
charnock case march W state trial holt c j in direct the jury say it be very  true as Mr Charnock have observe that bare word be not treason in some case  lose word speak without any relation to any act or design be not treason or a  overt act of it but argument and word of persuasion to engage another in such  a design or resolution and direct or propose mean to effect it be overt act of  high treason it be the imagination the compass and design the death of the  king that be the treason there be no way of discover those compassings and  imagination but by some external act that manifest such intention or purpose  and any thing that be a manifestation of such a design be a overt act and here  have be prove several meeting and consultation and proposal at those meeting  about the way and method of bring about the design of assassination and it be  never yet doubt but to meet and consult to kill the king be a overt act of  high treason and Mr charnock endeavour to engage Bertram in the enterprise be  another overt act as to the objection to the credibility of the witness that  they have acknowledge themselves involve in the same crime they be however  legal witness but eir credit in this as in all other case be leave to the jury  that such evidence have be always allow and unless the accomplice be admit to  be witness government can never be secure against such villainous enterprise
Charnock S case W salk on a indictment for high treason in conspire the death  of the king three person several plead not guilty and holt CJ tell they that  each have liberty to challenge thirtyfive of those who be return upon the  panel to try they without show any cause but if they will take this liberty  they must be try separate and single as not join in the challenge and if they  intend to join in the challenge then they can challenge but thirtyfive in the  whole and may be joint try on the same indictment
chart and wither how far a defect shall be say to be cure by enlarge the rule  the irregularity of this judgement have be refer to the master he report the  fact in this manner the plaintiff by mistake give rule to plead in the common  plea instead of this court the defendant not know of this mistake apply to  judge page that the rule for plead may be enlarge the plaintiff attend upon  the summons take out for that purpose and the rule be enlarge to a certain day  by consent of both party the defendant Barnardiston king b do not plead within  the time give he by the enlarge rule and upon that the plaintiff sign his  judgement Mr murrey submit it that this judgement be irregular for two reason  first because Barnardiston king b er p the original rule for plead be as no  rule second because the plaintiff do not call for a plea after the enlarge  rule the chief justice say as the enlarge rule be by consent he think it cure  all defect in the original one and he shall have be of the same opinion if no  rule at all have be give original he say likewise that this second rule be by  consent the defendant have thereby agree to plead within the time mention in  it and therefore the call for a plea be unnecessary accord the court hold the  judgement to be regular
charter versus hunter thou art a pilfer merchant and have pilfer away my good  from my wife and my child not actionable a butcher and his wife bring a action  upon the case against b and his wife and show that the plaintiff use the trade  of a butcher and that his wife in his absence sell and deliver flesh and the  word be that the wife of the plaintiff be a cousin woman and have cozen one of  her neighbour of four pound and it be allege over that she the defendant will  bring good proof of it and adjudge that a action lie not Hutton trin James rot
Chartres versus CUSAICK assignment of error set aside error out of the king  bench in Ireland of a affirmance of a judgement in b r there and want of  warrant of attorney on the writ of error in c b be assign and strange the  court set the assignment of error aside and say it have be do so several time  upon account of the delay which will follow upon award certiorari S and the  case of the king v bishop miden Mod but not S p a be mention for that purpose
chase and IONEs against Lovering Trin bane sup arrest of judgement in a action  upon the case upon a promise chase and Jones bring a action upon the case  against Lovering upon a promise make by the defendant to the plaintiff to pay  unto they out of the fraught of a ship and for not pay it the plaintiff bring  their action upon non assumpsit plead there be a issue join and a verdict find  for the plaintiff the defendant move in arrest of judgement allege for cause  that the plaintiff averment in their declaration of the non payment of the be  not good for it do not appear by the averment that there be any fraught due  for the ship out of which the money be to be pay roll chief justice answer  that the plaintiff ought to have aver that there be money due for the fraught  of the ship otherwise how can it be know whether there be any money due to be  pay out of they therefore the averment be very incertain to who jerman  Nicholas and ask justice agree roll chief justice add that it be part of the  promise that the money shall be pay out of the fraught and as the averment be  the matter can stand together and here be no demand for the money to be pay  out of the fraught therefore against the plaintiff let there be a nil to take  in hand per billam enter
chase and slaughter what shall be say to be a good plaint in a inferior court  upon a writ of error on a judgement in the PalaceCourt Mr agar take a  exception to the plaint that it be not allege in it that the cause of action  arise within the jurisdiction in the declaration he do agree it be but the  plaint be in the nature of a original and therefore it ought to have be allege  there likewise but Mr Benny on the other side observe that the form of all the  record out of the PalaceCourt be the same with this and in sand it be so in a  writ of error upon a judgement in the court of Bristol the court say likewise  that the plaint it self Barnardiston king b er p be not send up upon a writ of  error but only a short recital of it and accord the judgement be affirm
chase v ersus gold pasc car rot release in a action of debt upon a bind of I  with condition for the payment of livre at a day certain make by the defendant  and two other joint and several the defendant upon oyer and entry of the bind  and condition in haec word plead that the plaintiff do release proad scribe  obligatorium by the name of a obligation in livre per loosing of a livre and  aver that no other bind be make by the defendant and the two other person to  the plaintiff beside that bind whereupon the plaintiff demurrer and upon  debate judgement be give by roll for the plaintiff for the release of a bind  of I for the payment of a livre do not discharge a bind for the payment of a  livre for though a great sum include a lesser as to a tender yet the debt and  duty be entire and therefore can be discharge by a release of a lesser sum and  though it be say positive that the plaintiff do release prmd scribe  obligatiorum yet the word per nomen do declare the manner how the release be  make and it appear to the court now that in truth the bind be not release and  it be agree that the averment in this case be foreign and idle and can not  make good a insufficient release vide e in a account against one as receiver  by another band the defendant plead a release by the plaintiff of all account  which he may have against the defendant of all manner of receipt and the deed  be of all manner of receipt from the plaintiff himself and rule a good release  and note the reason because a receipt by another hand be a receipt from the  plaintiff himself
chase Vers sir ralph box certificate of the custom of London concern the  advancement of child by their father upon a reference to the recorder of  London by the Lord chancellor to certify what be the custom in London concern  the advancement of child by their father c which will exclude they from have  share of the personal estate of their father after their death sergeant Lovel  recorder of London certify a the custom to be thus videlicet if the father  give to the child and in his will declare that he have advance he and  afterward die the child shall have no part of the residue of the personal  estate of his father but if he have say by his will that he Lord Raymond have  give which be a sufficient advancement yet upon put it in hotchpot after the  death of his father he shall have his share the personal estate of his father  c and if a man marry his daughter and give her a portion if he do not take any  notice of it in the will this will be a sufficient advancement and she shall  have no share of her father personal estate after his death ex relation mri  Selby note Mr cheshire be also present in chancery when Mr recorder make this  certificate but be do not entire agree with Mr Selby about the certificate ut  above a the certificate be set out verbatim in Eq Abr where above and be not  so comprehensive as it be here represent to have be
chase versus chase hill geo two a executor of a landlord shall have the same  benefit of the Act against a execution as the testator may have have if live  the executor of a landlord after the death of his testator have rend due and  good fortescue er p of the tenant be take in execution and the executor give  notice before the removal of the good fortescue and per cur a executor shall  have the benefit of this Act as well as the landlordhimself for it be a  interest vest as the case of Wyndham and Dalgrave
chat and Edgar ante merchant the truth of the case be that a butcher have buy  cattle of the plaintiff who be a grazier in Norfolk come to the defendant who  be a parson and desire he have money in London to draw a bill to I S in who  hand it be to pay the plaintiff and that he will repay the parson in the  country which be do by the parson with private advice to I S not to pay the  plaintiff till he have receive the money of the butcher who break and become  insolvent and so on default of payment by I S the plaintiff bring a action  upon the case against the parson suggest the custom of merchant to be that if  any merchant or trader or other negotiate for he procure or do draw any bill  unto any other merchant or other negotiate for he in England that then if he  to who such bill be direct do refuse to pay he that draw the bill shall be  Chargeable and after not guilty Keble er p plead and verdict in guildhall for  the plaintiff winnington in arrest of judgement except that it be not aver  that he for who use the money be to be pay nor he that draw the bill be  merchant send non allocatur such merchant refer only to the procurer or such  to who bill be direct Keble de boundary consecrated HILLARIL car two b r die  SATURNIJ jan year hide chief justice Twisden Windham Keeling
Chauvet et all trustee for the creditor of Sutton agt Alfred KB a bind within  the James c require bail in error be a collateral security for money burr S c  one Sutton be much indebt enter into a deedpoll whereby he convey his effect  to the plaintiff to pay his creditor S in the pound by instalment the  defendant enter into a bind for the payment of the money at the time c in the  deed mention Kenyon a action be bring on this bind and the judgement for the  plaintiff the defendant bring a writ of error but do not put in bail accord to  the statute James c apprehend this be not a bind for money only the plaintiff  proceed to execution notwithstanding the writ of error and a rule have be  obtain to show cause why the execution shall not be set aside and the good  take thereon restore now on show cause the sole question be whether this be  such a bind as entitle the plaintiff below to require bail on the writ of  error the counsel for the defendant insist it be not and compare it to the  case of a bind for performance of covenant c say per cur this be a bind for  payment of money only and therefore be within Kenyon er p the letter of the  statute and we will not narrow the construction of so useful a law as this be  especial as writ of error be general use for delay the question be the same  here as on every common bind on non be factum and whether the money be bid by  Sutton or Alfred make no difference rule discharge
CHAWNER and bow case bow sell three licence to sell wine unto Chawner who  covenant to give he ten pound for they and bow covenant that the other shall  enjoy the licence it be move in this case whether the one may have a action of  covenant against the other in such case and the opinion of Wa burton and  Nichols justice be that Godbolt er p if a man covenant to pay ten pound at a  day certain that a action of debt lie for the money and not a action of  covenant Barker sergeant say he may have the one or the other but in the  principal case the say justice deliver no opinion
cheap wycombe parish against new windsor Mr proctor move to quash a order of  session confirm that of two justice but special state for the opinion of the  court the case be that Diana brook the pauper be send by order of two justice  from cheap wycombe to new Windsor as the last place of her settlement Windsor  appeal to the session and the order be confirm state that the say Diana brook  have hire herself to live with one colonel Merrick at Thorp in Surrey to go a  month on like at five pound a year wage but to part on a month wage or a month  warning on either side she continue under this agreement a year and three  quarter in this service and her wage be pay quarterly it be insist that on the  state of this case here be a hire and service for a year and that consequent  she have gain a new settlement at Thorp and be in remove to Windsor and a rule  be make to show cause afterward the court quash the order adjudge a good  settlement at Thorp session case er p session case easter eight OF george the  second
CHEDLE against miller common Siderf pl in a replevin the avowant prescribe  under one white for all cattle in a open field by reason of ten acre at  special time and do do say for all cattle levant and couch for which reason  the plaintiff demurrer and per curian it be ill but   Entr it be good after a  verdict as stone against Mussenden so pine case car c b the same exception  take as here and yet the act justly towards hold good but not adjudge Windham  say that in the west country man claim to a cottage common without number and  roll Ch just during Keble his purchase of one of those hold levant and couch  not material but afterward hold it be Keeling Ch just take no great regard to  loss of common because such commons be great oppression and albeit in  corporation that have perpetual be they may prescribe in commons sans number  yet not else without deed but the usage in Portmead and other place by the  freeman may well be without allege any levant and couch on their tenement per  curian but in a strange soil this can be omit post
CHEDLE in miller ante common in replevin the defendant avow damage pheasant  the plaintiff reply by prescription for common for all cattle to two acre to  which the defendant demurrer and by William on Cr Farnlye against Lassells  this be a void prescription be general for all beast without say as Edward  that they be levant and couchant on his land to which he claim the common this  after verdict Noy may be so intend and be good but not so after demurrer but  where the common as in Coventry be claim by reason of his person as for  resiansie or where it be in gross it needs not but where it be appendant they  must aver it levant and couchant to which the court incline and per Keeling Ch  just say and young car adjudge on a demurrer that this omission make it void  so on prescription by the inhabitant of Shrewsbury on this difference where it  be claim at large that be void but on prescription that the borough be ancient  and that time out of mind c this be good without levant and couchant because  such ancient borough may have such common for many reason also it be not  reasonable that he that have two acre shall put as many as he that have twenty  and by Moreton if the land to which he ancient bideland it be common appendant  also this be nought on general demurrer and the defendant need not demurrer  special for this cause judgement pro Le avowant
CHEDWICK versus Hugh schoolmaster keep a school without licence prohibition to  stay a suit in the ecclesiastical court against a schoolmaster for keep a  school without a licence pursuant to the t statute upon a suggestion that the  say statute give a penalty of S per diem Carthew against every such  schoolmaster and that by law mermo to punish debet bis pro to make one eoden  fault et per curian a prohibition be grant and so it be in the case of  Oldfield versus sir Richard rain upon the like suggestion notam per holt chief  justice at the sit in Westminster Novomb in a case of perjury try before he  between the king and Perkins he say that it be the opinion of all the judge of  England upon debate between they that in capital case a juror can be withdraw  though all party consent to it Edward cap t Edward cap par Elizabeth t James  cap par Carthew er p that in criminal case not capital a juror may be withdraw  if both party consent but not otherwise and that in all civil cause a juror  can be withdraw but by consent of all party
cheek against lisle Monday July use in disclaim Fitzherbert in ejectment by  the plaintiff beneficiary and trust suppose lease of Harvey who be a trustee  of a lease for payment by the defendant of a marriage portion secure by lease  of the defendant Ellis the king sergeant after plea and issue pray that Harvey  may be admit to plead non to send down the lessor be at law look on as the  principal person to sue for the mean profit c which the court deny because if  the trustee have not accept the trust be but of a chattel he may disclaim in  pay which will avoid the plaintiff title at the trial but issue be join they  will not admit he to discontinue or plead non to send down but will force the  trustee to accept or deny the trust but the party agree to prefer a bill in  chancery and insist on payment
CHEESEBOROUGH and linton trover be bring by a administrator and upon not  guilty plead a verdict be for the plaintiff and it be move in arrest of  judgement because letter of administration be not show to be grant by the  ordinary or his official or other person have authority from he but only per a  b teacher per bishop Cicestrensem legitime agreed price I e the bishop have  make he a doctor but he do not say that he be official or any other officer of  the bishop as archdeacon c Skinner er p non allocatur for though he have not  show any administration at all yet it be good after a verdict as it be rule  style and it be adjudge for the plaintiff
CHEESLY vers baily S C salk Com a clause in the condition of a arbitration  bind that the obligor shall consent to have the submission make a rule of  court be evidence of a consent that it shall be so the party enter into mutual  bind with respective condition that they respective shall stand to the award  to be make by I S of c and if they shall consent to make that submission by  rule of court accord to the late Act of parliament and W c S that then the  bind shall be void and now a motion be make that this shall be make a rule of  court upon affidavit of the execution of these bind but it be oppose by sir  Bartholomew shower because it be only parcel of the condition and his client  will rather forfeit the penalty of the bind and per curian the consent to make  a Lord Raymond submission a rule of court ought not to be a part of the  condition but only insert in the condition by the late Act but nevertheless  holt hold that this be a plain evidence of the consent of the party and if it  be not so the condition will signify nothing for no subsequent consent  afterward will be sufficient within the Act and a rule be make that it shall  be make a rule of court nisi c upon which shower urge that the award be make  by the arbitrator partial whereupon day be give to hear both party as d Lord  Raymond trinity term will B R
cheesman and RAMBY the like resolution the defendant have be take in as a  servant without money where a considerable sum may be reasonable expect bind  with condition not to set up trade within half a mile of the plaintiff now  dwell house or any other house that she her executor or administrator shall  think fit to remove to to carry on the trade of a linen draper nor instruct or  assist any other under any pretence whatsoever this be in consideration that  the plaintiff be to take the defendant wife as a hire servant to her to assist  her in the trade of a linen draper for three year without any money whereas  she do reasonable deserve with such a servant this be a bind for only with  condition to pay only in case the condition be break fortescue on a writ of  error out of the common plea judgement affirm for the plaintiff this be a good  consideration for this bind take a servant without money and in effect be no  more than a agreement to pay what she ought to have pay at first in case she  set up trade and do not amount to a general restraint because it extend to  executor and administrator yet if it do the breach assign be that the  defendant do instruct her husband in the say trade c and a bind may be good as  to part of the condition and void as to the other part be at commonlaw vide  Norton and sims and the court rely on the case of Mitchel and Reynolds  solemnly resolve hill annae queen and dower and wrench hob
CHEEVERs against mich car banc Reg to quash a to know facias upon a rule of  court to show cause why a to know facias to revive a judgement be not good  this be offer for cause that it do not show before who the judgemout be give  which be to be revive by the to know facias and consequent there appear no  judgement to warrant the to know facias to this roll justice answer that in  the common plea the course be to set forth before who the judgement be give  but in this court the course be not so but how come the record hither the  council answer that there be a judgement in Canterbury and upon that a writ of  error be bring in this court and the judgement affirm upon that writ of error  and then a to know facias issue out here upon the judgement against the bail  and upon this the bail move upon the record that there be error in the to know  facias roll justice the record be well enough in a to know facias it be not  requisite to say to look at closely be per curian therefore let the to know  facias stand
chester against willand trin car rot Saturday may Jointenants Siderf pl Cr pl  action sur case out of chancery on affirmance of continuance of jointtenancy  between the plaintiff wife and the defendant that it do continue by devise of  Allington whereupon issue be take special verdict find Allington seize in fee  devise to the plaintiff wife and the defendant and nine other and that the  defendant by deed in haec word give grant alien bargain and sell to another of  the jointtenants and if they continue jointtenants pro plaintiff if not pro  defendant Keble and per sander on l   b a this to give away concession do  amount to a release be find by the verdict but on plead it must be say quod  relaxavi which difference the court agree on the old rule that jointtenants  can only release so Cr Enflace and scawen but general word may enure to  particular intent judgement pro plaintiff roll nisi notwithstanding Cr
chester and willan ejectment release I vent sand side keb a devise to eleven  and their heir the defendant be one of the eleven by indenture for grant  baygained sell and confirm to another of the eleven and if any estate pass be  the question videlicet where one jointtenant grant to another if this amount  to a release and adjudge that it do roll part cro James Raymond sir t term  trin car b r mandamus I lev vent side keb Dighton townclerk of Stratford upon  Avon be turn out of his place by the corporation and he pray a writ of  mandamus to restore he and it be grant and upon this the corporation return  that the king by his letter patent grant that they shall have a townclerk  which shall continue durante bene plea of the mayor and alderman and that the  say Dighton be make townclerk and they Raymond sir t er p turn he out and upon  this return the question be if the corporation have a arbitrary power to turn  out the say townclerk or ought to show reasonable cause Jones for Dighton many  corporation have such officer and it be of consequence cro James warren case a  alderman can be so turn out and as to Blackgraves case this be not argue and  here they do not give notice but by all the court the continuation of he in  his office be in the will and pleasure of the corporation and upon this  restitution be deny but the court advice to repeal the patent because  inconvenient this term Hugh Wyndham sergeant at law be make baron of the  exchequer Raymond sir t term mich car b r the justice be Kelyng chief justice  Twisden Rainsford and Morton justice but Kelyng be sick the whole term
chester vers Crawley fourteen juror on a writ of inquiry good the execution of  a writ of inquiry before fourteen juror be hold good for it be but a inquest  of office S p in cook v Beal ld raym in beardmore v Carrington will ib Hewit v  mantel ib Bruce v Rawlings will whereon no attaint lie roll Abr strange report  er p
chester versus UPSDALE b r Q whether a gamekeeper to a peer be privilege from  arrest the defendant be arrest for a debt at the plaintiff suit move the court  to be discharge out of custody upon common bail upon his own affidavit only  wherein he swear that he enter into the service of Lord Willoughby de brook in  June last as his gamekeeper of his manor in somersetshire and have ever since  continue and now be in his lordship service and that by order of his lordship  he have be attend he in several county in England and be charge with business  he have to be do for his lordship which he swear he can execute because he be  detain by the arrest Wilson king bench er p privilege of parliament or not but  by a order of the house of peer of the that of June which seem to be a  declaration of their privilege we conceive that that order do not extend to  privilege all their menial servant from arrest but only such as be necessary  and proper employ about their estate and about their person that therefore as  Wilson king bench this be the sense of the lord themselves of their own  privilege we ought to have proof lie before we that this defendant be  necessary and proper employ about the estate of Lord Willoughby and therefore  the rule to show cause why common bail shall not be accept must be discharge  N B Lord Willoughby de brook sit in court while this motion be make and debate  with his bat on upon the bench next to the junior judge and after the motion  be over stand up with his hat still on and speak something to the court which  I can not bear but I hear Lord chief justice lee tell he with some warmth that  be do not behave with proper decency to the court whereupon Lord Willoughby de  brook beg pardon of the court and pull off his hat
chester versus wilson   light b side sand raym keb roll a l cro Ven lev baker  and lade Trin car rot the case be two jointtenants the one grant bargain and  sell all his estate and interest to the other it be hold clear by all the  court that this amount to a release but it must be plead quod relaxavi for one  jointtenant can grant to another
chesterfield versus hamlet OF walton what shall be a hire and what a service  skin Mod S c salk SC comb SC call Jerrison S case upon a motion to quash a  order of session for the county of Derby by which a order make by two justice  be confirm and by which one Jerrison and his wife be settle in the hamlet of  Walton which lie within the parish of Chesterfield which order of session be  special recite that this Jerrison have be a footboy to sir Paul Jenkinson who  live in the hamlet of Walton so long as to gain a settlement there videlicet  for three year and more Carthew then sir Paul put he out to one Thorpe a  barber who live in Chesterfield but out of the hamlet of Walton for one year  to learn to shave and the barber be to have the benefit of the boy S work and  that sir Paul give the master some money to teach the boy to shave who live  with the barber accord in the say parish for one year but no notice of his  come be give by he to the parish nor any warning from they to he the question  be if this make a settlement of the boy in the parish of Chesterfield as a  hire servant within the intent of the explanatory statute concern the  settlement of poor people et per curian this be not such a hire or such a  service as be within the intent of the statute because here be no reciprocal  contract between the boy and the barber for the boy be not oblige to stay in  the service of the barber and he have no remedy to compel he to serve and  every hire within that statute must be reciprocal but here the boy be in  nature of a scholar and not of a servant so the order of session be affirm
Chesterton agl MIDDLICHURST KB a bailbond take in a action prefer in the court  of a countypalatine not to be proceed upon in another court I burr S c action  in the countypalatine of Chester bailbond to the sheriff and assign to the  plaintiff who bring a action upon it against the bail in this court Mr hall  for the defendant move to stay the proceed on the bailbond the original  defendant have now put in good bail he insist that the action on the bailbond  ought to be bring in the same court and cite a case of Francis v tailor h g d  in c b where it be so resolve and mention the statute of Geo c give power in  CountiesPalatine for the same court to give the plaintiff relief on the  bailbond Mr Yates e content contend that there be no negative word the  jurisdiction of the superior court be not take away and the practice be as  here Lord Alansfield CJ and the court think that Mr hall objection have weight  but will give no positive opinion on the general question but think it at  least unfair to turing the action in another court and thereby deprive the  party of the opportunity of make their defence c unless in case where the  party live out of the jurisdiction c Kenyon however in this case the court say  they may intend from the pen of the Act that the practice be to proceed in the  same court in CountiesPalatine rule for stay the proceed make absolute but  without cost
Chesterton versus MIDDLEHURST Wednesday that June action on a bailbond in a  court below must be bring there and not here unless special circumstance  warrant it a bailbond be give in a court of a countypalatine Chester in a  action bring there which bailbond be assign by the sheriff a action be bring  upon it in this court the defendant file special bail below and then move to  stay proceed here and the court all hold this bring the action here to be a  unfair practice unless there have be some special circumstance to warrant it  as the defendant live out of the jurisdiction or the like which be not even  pretend in the present case therefore the court hold that the plaintiff ought  to have proceed in the court below and accord set aside his proceed in this  court
CHETLE versus lees Mod SC lev the entry of a pity instead of to take in hand  not amend this be a motion to amend a judgement by strike out to take in hand  and insert pity and a writ of error be bring on this judgement and pen the say  writ this motion be make to amend the judgement and now two rule be produce  one between Linch and Lucy when Pemberton be Ch justice where the judgement be  amend in this point videlicet by the entry of a pity instead of a to take in  hand and the other rule be between cook and Grimes where pity be strike out  and a to take in hand insert by the direction of the court and holt Ch justice  remember d a case between chapman and gale where the judgement against a  executor be general and upon a motion the word follow be add de good testator  levand but in the principal case the court will make no rule to amend Carthew  de term sanct hill willi nariae b r
CHETLEY versus wood mich Ann B R vide ante Mod far recognizance in c b take at  a judge chamber plead as take in court variance Lutw S C d p holt recognizance  of bail in c b bind from the caption in B R from the entry only Mod case S C  cro hob alein in debt upon a recognizance the plaintiff declare as on a  recognizance acknow Salkeld er p ledged in the court of common plea in person  g Treby Mil associate nest nul tiel record be plead and the record produce be  a recognizance take before Mr justice Nevil at his chamber in sergeant inn and  by he bring and deliver into court and it be adjudge that the plaintiff have  fail of his record for the record be such as it be enter upon the roll and in  plead must be so describe accord the court of king bench do enter all  recognizance as take in court but the common plea enter special so that their  recognizance bind from the caption we from the time of entry also upon they a  to know facias lie in either county but on a recognizance in B R in the county  of Middlesex only therefore these differ in substance and as to the usage of  declare this way which be insist on the chief justice say it be against law
CHETLY versus wood mich Ann Mod case in debt on recognizance the plaintiff  declare set forth a recognizance acknowledge in the court of c b before sir g  t associate nest and upon nul tiel record plead the record be produce be a  recognizance take before Mr justice Nevil at his chamber in sergeantsinn and  by he bring and deliver into court holt c j as to the usage of declare this  way on recognizance it be against law and the plaintiff bath fail of his  record for the record be such as it be enter upon the roll and in plead must  be so describe in this court we enter all recognizance as take in court and  never mention a day certain but in the common Pleos they make a special entry  of the recognizance take at a judge Chamber on a day certain so that there  they bind land from the caption and in b r from the time of entry also upon  their recognizance a to know facias lie in either county of London or  Middlesex but on we in the county of Middlesex only therefore these be  different in substance holt KB per cur if the party that remove a indictment  by writ of certiorari do not enter into a recognizance to try it the next  assize or term or the sit within the term the certiorari be no supersedeas and  fail of try be a forfeiture of recognizance after which they will not hear a  motion in arrest of judgement record
Chettle v Chettle equity case abridge er report date report date the defendant  move to amend her answer upon affidavit that the matter true set forth be add  in the margin of the draught after she have peruse it and so she be thereby  surprise and it be allege that no replication be file prout certificate and  affidavit of notice of this motion be read and the plaintiff make no defence  it be order that she amend a her answer in the say matter mistake ld Chan and  master of the roll Chute and lady Dacre mich car Chan can and the like liberty  say to be give in Lord Coventry time in the case of Chettle and Chettle Freem  SC and say the S p be determine inter Chettle and Chettle this case of Chettle  v Chettle be mention in tothil pa but the only point there lie down be that a  answer shall not be amend after issue join a the defendant may without notice  move to amend his answer in a small matter but if it be in a material point he  must give notice of the motion for such amendment to the plaintiff clerk or  solicitor and though it be in a material point and after issue join yet the  court will on affidavit of surprise and payment of cost allow of a amendment
Chettle versus lees Trin I W m rot Carthew Mod S c in trespass for break his  close c the declaration be of easterterm last pass which begin on the that day  of April and the trespass be lie to be do in October before videlicet in the  that year of king James ill per quod he lose the profit of his land to the  first day of holt KB may nsuing which be after the beginning of Easterterm to  which the declaration do relate so that the per quod diCextelld to a time  after the commencement of the action and the declaration conclude contra peace  recently dom king dom king nunc c the defendant plead a frivolous bar to which  the plaintiff demurrer and it be insist for the defendant that the declaration  be ill for that the plaintiff have declare for damage unto a time after the  action commence and have conclude his declaration ill for it shall be contra  peace recently domini king only cro on the other side it be say that the  default in the per quod and also the conclusion of the declaration videlicet  contra peace domini king nunc be surplusage and therefore shall not vitiate  the declaration see cro in point holt c j tell the defendant counsel that they  come too soon for the first exception because the jury may cure that fault by  a separate verdict videlicet quoad the trespass in the month of October to the  that of April they assess damage to so much and the plaintiff may release the  residue but if the verdict have be general this will have be a good exception  afterward and the court hold that clause contra peace domini king nunc mere  surplusa e and therefore shall not prejudice I that matter which without it be  sufficient the plaintiff have judgement the bar be frivolous
Chettle versus lees Trin Willi nariae b r rot Mod SC where the conclusion of  plea contra peace be mere surplusage V salk show comb Ant in trespass for  break his close c the declaration be of easterterm last pass which begin on  the that day of April and the trespass be lie to be do in October before  videlicet in the that year of king James two per quod he lose the profit of  his land to the saint day of may ensue which be after the beginning of  easterterm to which the declaration do relate as it appear above so that the  per quod do extend to a time after the commencement of the action and the  declaration be conclude contra peace recently dom king dom king nunc c the  defendant plead a frivolous bar to which the plaintiff demurrer and it be  insist for the defendant that the declaration be ill for that the plaintiff  have declare for damage unto a time after the action commence Carthew which  ought not to be and have conclude his declaration ill for it shall be contra  peace recently domini king only there be no continuando of any trespass lie in  the time of the present king and so be the case cro in point on the other side  it be say that the default in the per quod and also the conclusion of the  declaration videlicet contra peace domini king nunc be surplusage and  therefore shall not vitiate the declaration see cro in point holt Ch justice  tell the defendant S counsel that they come too soon for the first exception  because the jury may cure that fault by a separate verdict videlicet quoad the  trespass in the month of October to the that of April they assess damage to so  much and the plaintiff may release the residue but if the verdict have be  general this will have be a good exception afterward and the court hold that  clause contra peace domini king nunc mere surplusage and therefore shall not  prejudice that matter which without it be sufficient the plaintiff have  judgement the bar be frivolous Carthew er p
Chettle wers pound a tenant who have agree in write to hold premise at a  certain rend may allege that the party with who he make the agreement never  have any interest in the premise if such party be never in possession  otherwise he can debt for rend upon nil debet plead the plaintiff give in  evidence a note in write by which the defendant agree to hold for one year  render rend of and in fact he be grantee of a reversion expectant upon a  estate for life which tenant for life be dead at the give of the note which  and he be never in possession during his life the de prior grant of the say  reversion and it be rule by defendant in this case may give in evidence nil to  have in property the plaintiff have never be in possession notwithstanding the  note sign by the defendant by which he agree to hold c but if the plaintiff  have be in possession though but tenant all will c then the defendant can not  haven this in evidence without have be evict lend assize Maidstone way and the  plaintiff be nonsuit
CHETWYNE v walker a suit for a pair of glove as a rentservice upon bear the  matter this present day it appear to this court that the cause of the suit be  for a pair of glove which the plaintiff claim for a rend and the plaintiff  make proof the same have be long time pay but can not know for what land the  glove be to be pay and order by consent to a trial at law where it shall be  admit the glove be to be pay as a rentservice for a tenement whereon  Thrusfeild dwell and as it shall fall upon trial this court will take order  Chetwyne plaintiff walker widow and walker defendant year Elizabeth
chevele versus bind hill I will mark b r rot Mod SC statute of limitation  plead to a action on a bill of exchange bring against the drawer show SC I  Danv p action on the case on a bill of exchange bring against the drawer the  defendant plead that the cause of action do not accrue at any time within six  year ante display billae the plaintiff reply that he and the defendant be and  be merchant and that this bill of exchange be upon a account between they  concern merchandise and far that the defendant be beyond sea videlicet in  barbados for all the time after the cause of action accrue until such a day  when he return and that be commence his action within two year after he return  to England there be a frivolous rejoinder and surrejoinder and thereupon a  demurrer and in this case it be adjudge as follow first that bill of exchange  for value receive be not such matter of account as be intend by the exception  in the statute of limitation that by the exception in the statute concern  merchant account no other action be except but action of account that the  defendant S be beyond sea be no excuse because the plaintiff may have file a  original against he or take out a latitat see the statute annae
Cheyney versus sell mich James Cheyney as executor of Cheyney bring a action  of debt upon a obligation against sell and the case be that the testator  Brownlow goldsborough er p have put himself as a apprentice to sell for seven  year and sell bind himself to pay to his apprentice his executor or assign at  the time of the end or determination of his apprenticeship the apprentice  serve six year and then die and it be move by touse that the money be due at  the time of his death because then his apprenticeship end for he say if a man  make a lease for one and twenty year to another and oblige himself to pay  Brownlow goldsborough to the lessee ten pound at the end and expiration of the  term and within those year the lessor feoff the lessee so the term expire and  the ten pound shall be pay instant but coke deny that case because the lessee  hasten the end of his term but he say that if a man lease land to another for  seven year if the lessee shall so long live and the lessor oblige himself to  pay ten pound at the end of his term and he die within seven year there he be  of opinion the money be present due upon his death but in the principal case  the whole court hold the chief justice be absent that the obligation be  discharge and that the money shall not be pay plaintiff in debt for tithe need  not be name rector in the plaint in the Upper bench
chiccory Elizabeth in the common plead estate execute extinguishment tenant in  common a man make a lease for life and afterward make a lease to another for  year to begin after the death of the tenant for life the lessee for year die  intestate the ordinary commit letter of Administration to a the tenant for  life and a join in the purchase of the feesimple of the land demise it be hold  by the justice in this case that the fee be execute for one moiety for the  remainder for year be not any impediment to the execution of it manwood  conceive Leonard that the term be not extinct for the same be not proper a  term but only a interest of a term which can be surrender mounson he have the  term in auter law as administrator and therefore it can be extinct dyer if a  executor have a term and purchase the feesimple the term be determine a woman  termor for year take husband who purchase the fee the term be extinct by  manwood for the husband have do a act which destroy the term sure the purchase  but if a woman be a termor marry with he in the remainder the term continue  for here it be not the act of the husband but the act of law it be the opinion  of dyer that in this case the tenant for life and the administrator shall be  tenant in common of the fee
chiccory griffin case it be hold in this case that if lessee for year of a  message grant totum messuagium suum the grantee have but at will but if he  grant all his interest and estate in such a message then the whole lease  passes and so it be say to have be late adjudge in the case of one Winnibank  in the king bench Leonard er p pasch Elizabeth in the king bench
chiccory mich Elizabeth in the king bench a action upon the statute of  Elizabeth of perjury be bring by three and they declare that the defendant be  examine upon his oath before commissioner if a surrender be make at such a  court of such a manor of a copyhold to the use of a and b two of the defendant  swear that no such surrender be make c exception be take to the declaration  because that the certainty of the copyhold do not appear upon the declaration  for the statute be that in that case the party grieve Leonard er p shall have  remedy so as it ought to appear in what thing he be grieve quod to be  concession per totan curian another exception be take because that the action  in such case be give to the party grieve and it appear upon the declaration  that the surrender in the negative depose of which the perjury be assign be  make to the use of two of the pIaintiffs only and then the three person be not  a party grieve for he claim nothing by the surrender and therefore and because  the two party grieve have join with the three person not grieve it be the  opinion of Wray and Southcote justice that the writ shall abate   Inst stat  Elizabeth Len
chicken and Dickson prohibition where after sentence or not holt Ch I for sue  out of the diocese if you admit the jurisdiction you shall not have  prohibition after sentence so if it appear upon all the proceed in the  ecclesiastical court that the whole be of ecclesiastical conusance a  prohibition lie not after sentence but if a custom be plead there a  prohibition may well lie after sentence vide infra notam where several join in  a suggestion there may be one joint prohibition but they must declare several  per holt Ch I on affidavit of extortion though the course be to take a  recognizance to answer interrogatory yet in case of great oppression the court  may commit the party and he must answer in chain
CHIDLEVS case quid law proclaim atturnment judge and fealty Chidley bring a  quid law proclaim and have judgement against the defendant and the plaintiff  have make a warrant to his attorney for the receive of his attornment and the  defendant will have attorned but will not do his fealty and the precedent be  that he ought to be swear in court and the entry of the judgement be that he  do attorn and fecit faithfulness and so he be swear in court vide h if he  refuse to attorn be in court he shall be commit for contempt moil say that  that be attornment but Prisot say that he shall not have a writ of waste nor  arraign a assize until he assent trin car rot
chilcot v lakin old ms note lord HARDWICKEA general charge of drunkenness be  enough to entitle the party to read evidence of the particular time Chilcol v  lakin l c June
child against north and Timberley conspiracy Lindley move to quash a  indictment of conspiracy to charge h with have carnal knowledge of a woman and  do so and that the child she go with be h s which he say be matter not within  the conusance of this court but per curian this be likely to be a charge and  loss to h and therefore the indictment be well lie contra if it be only for  get I S with child especial be after verdict against the defendant though  there be no child bear and by foster its no ground that because the court have  no conusance of the principal therefore they may not punish the conspiracy for  if it be to do a act unlawful the very conspiracy be a crime present to stand  out per Windham curian be and have be rule heretofore good enough judgement  for the plaintiff nisi
child against prow hilary geo within two term after final judgement plaintiff  instead of charge defendant in execution charge he with a declaration in a  action of debt on the judgement barn the court hold this declaration vexatious  and no cause against a supersedeas and the rule to show cause why a  supersedeas be make absolute gapper for defendant win for plaintiff
child against prowse h Geo Monday Feb that bring a action on a judgement  within two term be not equivalent to charge the defendant in execution within  two term accord to the rule e g a motion be make to discharge the defendant  out of custody because he be not charge in execution within two term after  judgement accord to the rule of e Geo gapper serjeant for the motion win  serjeant show cause against the rule and admit that no execution be sue out  against the defendant in time but insist that a action be bring upon the  judgement in the second term which ought to be consider as a charge in  execution within the meaning of the rule or at least that it be a sufficient  cause why the plaintiff have not proceed to take out execution within the time  prescribe by the rule but we be all clear of another opinion that it be no  charge in execution and we will not give so much countenance to this method of  proceed by action upon the judgement when the defendant be liable to be charge  or take in execution though by law this may be do as to allow it to be a  sufficient cause we therefore make the rule absolute see rule of court h g c b  a
child against sir John Lenthall Trin banc sup arrest of judgement in a action  for a escape a action of escape be bring against sir John Lenthall as  mareschall of this court wherein the plaintiff declare that whereas I S be  indebt unto he by obligation in a certain sum of money and be thereupon by a  latitat out of this court arrest and do thereupon put in bail and do appear to  the action and the plaintiff obtain a judgement against he who thereupon in  discharge of big bail do render himself to sir John Lenthall in execution and  that afterward sir John Lenthall have suffer he to escape per quod c to this  declaration sir John Lenthall plead and a verdict be have against he wile in  arrest of judgement take these exception to the declaration it say that the  principal render himself in execution to discharge his bail and say that  afterward he escape whereby be can not have he in execution which seem  contradictory to what he former say that he say that he render himself to the  mareschall whereas he ought to say that be render himself to the court for it  be the act of the court that turn he over to the marshal roll chief justice  IIe can render style report himself to sir John Lenthal in discharge of his  bail for only a judge can take and discharge a bail and not sir John Lenthall  but here it be that he do it in court and therefore it be well enough for he  may render himself to sir John Lenthall in court though out of court he can  and therefore let the plaintiff have his judgement
child against terry Thursday october lieu in covenant to sell I or not exceed  pipe of wine by the plaintiff before a ship go from London and in  consideration thereof the defendant be to draw three bill of exchange to the  Madera island which be do and the bill draw and accept but not pay and on oyer  demand the indenture appear to be that livre as a security shall be leave in  the hand of one holt whereupon the defendant demurrer and after except to  declaration that the Madera island be not allege in the parish of saint mary  how Keble in London which per Jones pro plaintiff on Dowdales case be well  enough and the action arise on a contract Keble er p here the trial may be  where the action be bring and it will be repugnant to allege it otherwise  because the voyage be to be from London to the Madera island and sale to be  make there and it be incongruous and impossible to allege a thing on the  highsea videlicet in London Twisden say if issue have be on the acceptance in  the Madera island the plaintiff will have reply that they be accept at the  Madera island videlicet at London but here the breach be assign in London  which the court agree and judgement pro plaintiff
child and gardener against Bloxam Tuesday June abatement in debt for rend on  nil debet plead in c b and try in hill term puis dar continuance the defendant  plead that one of the plaintiff release and so pray the jury may be discharge  to which the plaintiff demurrer there be no place where the release be also    Entr pound in a quare hinder against the bishop of Lincoln it be plead that  the patron be dead puis dar continuance which be confess no far proceed be  also the encumbent plead a presentat puis dar continuance with institution and  induction which be adjudge insufficient brief all evesque award be plead after  the return day and before the day in bank which the court agree and on Cr pl  hold the want of place here fatal and on dyer pl in continuance Br Cr pl the  conclusion shall be judgement si action and not to the take of the jury Brownl  lane Yelverton per curian judgement for the plaintiff Keble er p
child and grandchild must take per Capita and not per stirpes they all take in  their own right and not by way of representation per sir John Trevor master of  the roll hill in the case of Northey and strange will Rep
child plaintiff against defendant in a appeal of murder notam per curian that  in a appeal the appellant ought to be ready at the bar in proper person or by  his attorney and this be so hold in child appeal where the counsel for the  appellee do demand oyer of the writ and of the return of the same and there be  no writ return by the sheriff yet the court at the prayer of the counsel for  the defendant the appellee will not suffer the plaintiff the appellant to be  nonsuit but the court do order the appellee not to go from the bar and do  order the sheriff to return his writ present upon pain of
child portion shall not be change into a personal one yet in this case it be  not in the power of the heir to prevent I t s redeem the mortgage mich  Oldfield and Oldfield vern if a estate be limit to trustee for payment of debt  and legacy and the trustee raise the whole money but do not apply it accord to  the trust yet the heir shall have the land discharge and the legatee must take  their remedy against the trustee for the money be once raise the land shall be  discharge anon salk in house nobles
child Trin banc sup that the defendant may not plead to the action a action  upon the statute of Elizabeth be bring for use a trade not have serve a  apprenticeship in it sergeant Fletcher move that the defendant may not be  compel to plead because he ought not to be sue out of the county where he use  the trade roll chief justice proceed accord to law and plead this matter or  move it in arrest of judgement for we will I make no rule style report er p
child versus harvey mich will B R ld raym S c Carth in the distringa the day  of nisi prius be appoint after the day in bank and after verdict hold not  amendable by the plearoll because the judge authority be confine to that day  case B R S C where the nisi prius roll may be amend by the plearoll and where  not Mod salk ante pl roll Rep hob a to know facias on a recognizance upon  issue non to loosen it be find b for the plaintiff Mr Northey move to set  aside the verdict because in the distringa and to swear falsely the return be  a die sanct Trin in tres September nisi Johannes holt will die June prius to  come the twentyseventh day of June be the morrow after tres Trin but the  plearoll be right for the award there be tres mich it be agree on all side  that the trial must be set aside unless the mistake can be amend because it  appear the judge have no authority to try the issue Salkeld and the court hold  that it can not be amend the court agree that where the distringa or to swear  falsely be right and the amendment do not alter the point in issue the nisi  prius roll may be amend by the plearoll so it be in the bishop of Worcester  case ant and there the distringa and to swear falsely be right cro die hut cro  but here neither distringa nor to swear falsely be right the day appoint for  the nisi prius be impossible and the judge authority be confine to the day he  have no authority to try nisi Johannes holt c June prius to come which can be  where a judge authority be confine to a day his trial at another day must be  without authority a b by g c where any verdict have be or shall be give in any  action suit bill plaint or demand c the judgement thereupon shall not be stay  or reverse for any defect or fault either in form or substance in any bill or  writ original or judicial or for any variance in such writ from the  declaration or other proceed a see will
child versus harvey salk SC where the day of nisi prius be after the day in  bank this not amendable salk cro dyer hut cro Mod roll Rep hob Mod comb Bulst  cro move to amend the record of nisi prius in the to swear falsely and  distringa to make they agree with the plearoll the mistake be thus videlicet  it be in issue in b r of last trinityterm in a action lie in Middlesex to be  try before the chief justice at Westminster and the day in bank in the to  swear falsely and distringa be a die saint the number three when it shall have  be a die consecrated michaelis in tres soldiers nisi prius c Carthew now tres  Trin which be the day in bank happen to be on the that day of June well in  person John holt c si prius to come that of June so that the day of nisi prius  be after the day in bank when it ought to have be before the plaintiff have a  verdict but it be set aside for this be not amendable and if so then the chief  justice have no authority to try the cause
child versus heely James rotulo well a action of trespass bring wherefore by  force and arm the close hedge and gate of the plaintiff at W do break and his  grass with walk over it do destroy and other his grass with cattle do eat and  consume the plaintiff assign one close of pasture call draw and another close  call Sutton one other close call l and the defendant as to the trespass except  the break of the close call g and p and the tread c with his foot and eat with  his cattle in the say close call p and e not guilty and as to the Brownlow  goldsborough break of the close c say the plaintiff ought not to have his  action because he say that e be seize of the manor of W of which one message  be copyThold and show the custom for way and another custora for a Brownlow  goldsborough er p common and convey the copyhold to himself and justify as to  the foot ambulando and as to the trespass with the cattle justify for common  the plaintiff reply as to the trespass foot ambulando that it be of his own  wrong without any cause allege and traverse the way and as to trespass with  the cattle demurrer and the cause of the demurrer be as it appear by motion  because in the justification of the cattle the defendant have not allege any  custom for common and so the plaintiff can not take any issue of that custom  but have allege a custom for the way as for the common and the court be of  opinion that it be well plead and judgement upon the demurrer for the  defendant
child versus peisley hill James rotulo habeas corpora return by the sheriff  and these word omit videlicet who jur per see separatin attach be per pleg I d  r r exitus eastern pron  interrog  xs r W m l Vic and it be amend by the court  debt upon two bill and one not due and try for the plaintiff and move in  arrest the plaintiff release his damage and have judgement upon the bill due
chimera versus cod action upon the case upon a promise to discharge and save  harmless the plaintiff against all manner of person and show a suit for tithe  in Norwich court and the defendant reply that the plaintiff be not damnified  and the plaintiff rejoin that he be damnified to wit at S a aforesaid which be  in the county of Suffolk where the action be bring and the court hold the  cause be mistried because the suit be in Norwich and ought to be try in  Norwich and not in Suffolk and these word at S prediction be idle a innuendo  will not maintain a action
chippindale S case one get a bastardchild upon the body of I S and die and  then the woman be deliver and declare the party dead to be the father and the  justice adjudge he so accord and order his good towards the maintenance of the  child this last part of the order be void the other good this term the king  demise be sicken upon candlemasday in the morning be Monday the second day of  February and die d upon Friday the six day of February in the that year of his  reign and at three in the afternoon the same day the duke of York be proclaim  king upon the Friday morning the judge sit a while and then rise and after the  king demise and in the afternoon of the same day the judge have new patent and  upon the Saturday morning they be swear at the Lord keeper S and then come to  Westminster and so there be no discontinuance Skinner post boundary sanct hill  march the commissioner for claim at the coronation of James sit in the paint  Chamber their commission be oyer and determiner as the high steward use to do  the petition and claim be in law French and record and enter up in Latin upon  roll keep in chancery the commission be under the great seal in Latin and  direct to the Lord keeper Lord treasurer Lord precedent Lord privy seal and to  several great lord and to the two chief justice Skinner er p Skinner term  pasch James r b
CHISVERS against lambert and Westley recently Vic Mid mich geo Skinner move  for defendant to set aside the inquisition take before the coroner upon a writ  of inquiry for excessiveness of damage which be this be a action bring for a  false return of a rescous whereby the present plaintiff one cripple and other  be return rescuors and it appear that cripple have bring his action against  defendant for the false return have recover damage the court make a rule  whereupon Eyre show cause and produce of barn fidavits that plaintiff who keep  a tavern at Twickenham be take up by a writ of rescous find upon the say  return and carry to Newgate where he be sometime imprison and put to very  great expense and the counsel for defendant attend before the coroner at the  execution of the writ of inquiry court discharge the rule
Chittenden against knight prerogative court byday after Michaelmas term  December that Administration decree to a son in preference to a marry daughter  although there be a affidavit from the daughter to show that the son have  intermeddle in the effect without competent authority Margaret Chittenden die  intestate her son John Chittenden and her daughter Juliana knight the wife of  William knight both pray administration knight to divest the son I Chittenden  of the preference which by the practice of the court he have exhibit a  affidavit that the next day after decease burial he take possession of decease  effect have a inventory make of they and deliver they without any authority to  a broker who sell they to the best bidder at a public auction I decree  administration to the son
CHITTLE versus salmon replevin avowry for rend grant to the father in fee  without allege that it be arrear after the death of the father Chittle against  salmon in replevin conusance for rend as bailiff to sir John Reves upon a  grant out of the land whereof the place in which c be parcel upon a grant make  to the father of sir John and for rend arrear c issue be join upon this point  if the place be parcel of the land out of which the rend be grant and find by  verdict that it be and now move by Atho in arrest of judgement that it be not  allege that this rend be arrear after the death of the father as it ought to  be and therefore it may be intend that this rend be arrear in the life of the  father but the court agree and resolve that it be good after verdict for now  it be plead that it be arrear and not pay to he ergo it be due to he and  though it may have be more full plead yet after verdict it be sufficient
CHITTYS case b r the king debtor commit b the exchequer to the fleet bring  into b r by habeas corpus and surrender in discharge of his bail may be remove  again to the fleet by a habeas corpus from the exchequer city be commit to the  fleet by the court of exchequer for a contempt in not pay the sum of a debt  due to the crown and be now bring into this court his bail by virtue of a  habeas corpus and by they surrender to the marshal in discharge of themselves  in a cause depend here whereupon Mr attorneygeneral move for a rule to remand  he to the fleet but per CuriamYou must bring a habeas corpus from the  exchequer and the marshal shall now return it to that court who may then  recommit city to the fleet and this have be often do both in civil cause  between subject and in criminal cause at the suit of the crown
chock v chea suit for common the plaintiffs suit be to be relieve for a common  and a subpoena be award against the defendant to show cause why a injunction  shall not be grant to stay the suit at the commonlaw chock plaintiff Chea and  be defendant year Elizabeth
choice case in chancery Beecher v haselwood executor charge with good receive  by the testator the defendant demurrer for that they be executor and therefore  not Chargeable in law to account for good receive by the testator but order to  answer Beecher and other plaintiff haselwood defendant year Elizabeth
choice case in chancery brown v benton for want of a bill cost be get and  discharge for that by the defendant mean he be stay to proceed by authority of  the Council of Wales the defendant get cost for want of a bill and after the  plaintiffshewed forth a commandment from the Council of the march of Wales at  the defendant suit procure after the serve of the Subpna to show cause why he  shall not stay his proceed in this court whereupon he stay the put in of his  bill therefore discharge of the cost brown plaintiff Benion defendant year  Elizabeth
choice case in chancery CHEESEBROKE v haslewood assignee of a lease can bring  a bill of revivor the matter in variance can not be judicial hear in the court  upon the bill of revivour exhibit by the plaintifffor the revive of a former  bill exhibit by one Reinolds decease of the plaintiffbeing assignee of the  lease in question can not revive the same Cheesebroke plaintiff haselwood and  all defendant year Elizabeth
choice case in chancery CLIFTON v basset two case in law touch copyhold refer  to the judge the question touch copyholder be two the one whether the court  whereat the presentment of a forfeiture in fall of tree upon the premise by  the late husband of the defendant be make and whereat the Copy whereby the  plaintiff claim be grant be hold and keep the second whether the fall of tree  by the defendant late husband upon the premise without any direct customer be  a forfeiture or no order that two case shall be make and the opinion of the  judge shall he have thereon Clifton mile plaintiff Basset widow defendant year  Elizabeth
choice case in chancery fox v wilcocks order to make a full answer upon a  demurrer this suit be to be relieve of a bind of mark make for payment of mark  deliver as a escrome to be deliver as his deed if the mark for which the bind  be make be pay the defendant demurrer because the plaintiff may have remedy by  law if the bind be deliver upon such condition but because the witness that  can testify the delivery of it be dead therefore the defendant be order to  make a full answer fox plaintiff wilcocks defendant year Elizabeth
choice case in chancery kerle v lloid the defendant may not demurrer have a  dead power if upon a dedimus he shall return a dilatory answer then  sequestration be grant the defendant have in his favour a dead power to take  his answer in the country by reason of his great age yet he return a demurrer  which he ought not to have do but shall have put in a direct answer whereupon  the plaintiff have a Subpna against the defendant to make a perfect answer and  upon oath of the defendant great age he have a new dead power to take his  answer which the plaintiff fear he will use for a delay and put in another  insufficient answer and keep the possession of the prebend in question  wherefore it be order by this court that the defendant do not return a perfect  answer a sequestration shall be grant kerle wife plaintiff lloid defendant  year Elizabeth
choice case in chancery Litchfield bailiff OF v otely a Subpna against one  that will not take upon he the office of a sheriff of a city be choose thereto  upon certificate make by the plaintiff under their common seal that the  defendant be choose sheriff of the county of the say city refuse both the oath  that belong thereunto and also the execution of the same office a special  Subpna be award against the defendant command he either to take upon he the  say office or else to appear immediate and show cause to the contrary the  defendant be serve with the Subpna appear before the master of the roll but  show no such cause as he like of and yet do not only contrary to the  commandment of the master of the roll give unto he not to depart the town  without licence or give better satisfaction to the court but also have  hitherto refuse to take upon he the say office therefore a attachment against  the defendant to answer his say contempt the bailiff of Litchfield plaintiff  Richard otely defendant year Elizabeth
choice case in chancery Lovet v chamberlain commissioner appoint to examine  witness undertake to arbitrate the cause by the consent of the party and such  end decree the commissioner appoint to examine witness certify under their  hand that both party submit themselves to their end and they both by their  consent order c a Subpna be award against the defendant to show why that order  or award shall not be decree Lovet plaint chamberlain defend year Elizabeth
choice case in chancery Metham v Fairbank cost for want of a bill the  defendant make oath he be serve with a Subpna to appear in this court but have  casual lose it and now upon his appearance no bill in court therefore cost  owner metbam plaintiff Fairbank defendant year Elizabeth SC caryi pound ante  Ch can Ch
choice case in chancery OSSLEYS case value of land extend in Ossleys case  notam the Lord chancellor say that no remedy be to be give in chancery for  extend over low except there be fraud or practice and a hearing complaint lie  upon a second defeasance whether the statute be forfeit or not as well as upon  the first the principal case be ossley the father lend money for usury and  take a statute the same be forfeit but not extend till the land come to the  purchaser hand and be extend the father devise the extent to a young son there  be more levy by the extent accord to the true value then the penalty of the  statute the purchaser be plaintiff against the devisee and the Lord chancellor  incline to relieve he to fever James
choice case in chancery PENRUDOCK v coal an ancient deity Penrudock plaintiff  coal and other defendant the like to this in all point as be last before touch  the county palatine of Lancaster year Elizabeth
choice case in chancery PLEADALL v goddard suit for tithe dismiss the bill be  as well for not tithing as for evidence concern the same tithe and for that  the matter of tithe have be in the spiritual court and by prohibition bring to  the commonlaw where it be most proper to be determine therefore the matter of  not tithing be dismiss Pleadall plaintiff Goddard defendant year Elizabeth
choice case in chancery pope v worth decree not sign now order by the l Chan  to be do by a day in a cause between pope and worth the cause be hear and  order for the defendant who sue out a execution row but make not up the decree  the next term whereupon the plaintiff put it in hear again without any new  order for the same and whether he shall pay cost for so do be debate but not  adjudge et notam per Wilkinson except he perfect it the same term or before  the next so as he get the Lord chancellor hand to it and pay for the enrol he  shall take no benefit thereby but the excessive charge thereof make party slow  in the same maii
choice case in chancery porter v pretty legacy devise out of land upon  condition in a case between pretty and porter it fall out that the ancestor of  Michael pretty the defendant have devise land to his old son on condition he  shall pay legacy of pound to his sister at the age of year or else the land to  remain to the say legatee the old son enjoy always the land and porter have  buy the extent of a statute which the say heir have acknowledge pretty enter  on he after year possession suppose the condition to be break for nonpayment  of the legacy burr proof be make of payment not precise but by acquittance the  Lord chancellor order that the possession so long continue shall not be stir  upon pretence but decree it with the plaintiff et notam per coke attorney that  upon such a condition the money must be demand at the instant of come to year  of age and by choice case in chancery the Lord chancellor that the condition  be void for the heir shall have enter but yet judgement be give in the king  bench that the legatee shouldhave the land as be a limitation and not a  condition fever James
Cholmeley against morton enter mich car rot quod cum make a declaration in  trespass vicious in substance Nels Abr pl in trespass for battery and false  imprisonment the plaintiff declare quod cum c the defendant justify by process  out of the court of Pipowders in the town of Newcastle upon time and after  other plead a demurrer be join but the court without regard to the plea and  though it be a confession of the matter in the declaration give judgement quod  to express grief nil to take in hand per billam for by the cum the declaration  be defective in substance nothing be precise affirm Jones t er p
Cholmley versus veal mich Ann Mod to know facias against the bail who plead no  capias against the principal in replication a capias be set forth and non be  invention return upon it which appear to be test a year after the judgement  holt KB er p holt CJ the plaintiff entitle himself to recover against the bail  upon breach of the recognizance which be that he shall answer the condemnation  or render the principal at the proper time and the breach be assign and a  capias set forth to have be take out and return holt KB and what need he take  notice of a to know facias for the bail be stranger to the record and can take  advantage of error in it so the not be of a to know facias previous to the  capias take out after the year be but error at the best of which bail can take  advantage judaic pro quer per tot cur
CHOLMLY versus broom pasch will B R Mod debt against the defendant in  custodian marescalli upon a bind seal and deliver at Chester the defendant  plead that he be a inhabitant in Chester and at the time of the action bring  live in Chester c the plaintiff take this to be a foreign plea and therefore  ought to be swear which not be do be enter judgement but it be set aside for  per curian a plea to the jurisdiction be no foreign plea nor a plea of  privilege nor of ancient demesne which plead be never swear a foreign plea be  where the defendant by his plea will remove the cause of action out of the  county where the plaintiff have lie it but it be no foreign plea where the  defendant agree the place and county a S the plaintiff have lie it
CHOLMLY versus cooper and ware Thursday novemb on lee and Boothbies case it be  say by hale chief justice that a lease for year of land that be copyhold  particular without take notice it be copyhold this be good for the rend of the  copiholder and after the lease spend the inheritance take place and sever the  copyhold from be grant by copy after during the lease but when that be spend  its parcel again which be agree in evidence to the jury at bar in a ejectment  on sir George sand patent and verdict for the defendant
Chorley versus haslewood on the CrownSide pasch James two rot error to reverse  a outlawry be assign per attornatum not good salk skin error to reverse a  outlawry in b r and the error be assign per attornatum without a special rule  of court for that purpose and this be object against the writ a difference be  take to maintain the practice videlicet where the error appear upon the face  of the record it may be assign well enough per attornatum and to prove it  there be a case cite Leon but no opinion be give in the principal case
chorls against Calvert ante trespass in action of assault battery and wound  against who justify and issue on replication de in an unjust manner svan not  common with others the jury may find or more or few of they guilty well enough  also the defendant shall not take advantage of his defective bar be it so the  whole be put in issue by the replication but by Windham the quoad residuum  transgr insult not guilty go to the whole as well the wound as the rest to  which he plead quod calmly manus to place upon especial the replication put  all in issue which the jury find quoad some that Keble er p it be for cause  and that the rest do it not for cause which be well Twisden ad idem the who be  eaden transgression do not help the defect in not answer the wound for the  court see its not the same but by the replication the cause be only in  question which they plead for their calmly manus to place upon foster ad idem  the verdict find only as Frestons case Hub the substance of the declaration  the defendant for his ill plea shall not have benefit of it judgement for the  plaintiff affirm
Christ hospital case Trin W B R poor child drop in Christ church hospital set  and Rem S c a poor child be leave in Christ church hospital upon complaint of  the warden of the hospital two justice make a order on the overseer of the  poor of the parish to receive and maintain the child but this order be quash  because it be not say that the parent be unknown or likely to become  Chargeable to the parish for though a child of three month old be helpless yet  the parent be bind to provide for it as to the principal matter which be hint  videlicet that the hospital be bind to provide for poor child there expose the  court think there be nothing in that
Christian v wrenn all Oct deposition in the original cause not permit to be  read in the cross cause because the point in issue in the cross cause be not  in issue in the original cause bill by the vicar of Crosthwaite in the county  of Cumberland for tithe the defendant insist on a customary manner of payment  of tithe wool of the elder sheep by weigh the wool and deliver the ten part  without fraud to the vicar without look dragging or pulling along but this be  overrule on the authority in hob they also insist on a modus in lieu of lamb  and the wool of lamb the first clip when they be call hog sheep videlicet  eleven penny for every ten lamb and so in proportion for a less number they  also prefer a cross bill to establish this modus but vary from that in the  answer that whereas there it be say and so in proportion c Bunbury that fact  not be true here the proportion for each under ten be set out as for nine lamb  nine penny halfpenny c the plaintiff examine no witness in the cross cause but  obtain a order that the deposition in the original cause shall be use in the  cross cause now upon the hear the plaintiff in the cross cause offer to read  the deposition in the original cause but it be object that the modus in the  cross cause be a different modus from that in the answer to the original bill  and therefore be not in issue on that examination and of that opinion be the  whole court so the plaintiff have a decree for a account in the original cause  and the cross bill be dismiss with cost Bunbury er p
Christian v wrenn equity case abridge er Lord keep wright declare that where  on a bill bring by a against b c and d et all the defendant have examine some  witness that b be now plaintiff may read those deposition against a or any of  the defendant in the first Cause mich Barstow and palm Prec in Chan deposition  in the original Cause not permit to be read in the cross Cause because the  point in issue in the cross Cause be not in issue in the original Cause mich  Christian v wrenn et all in scacc bunb
christmas a attorney against chase a rule nisi be obtain to tax plaintiff bill  of cost and upon a affidavit of Mr Benn who have be plaintiff agent that  plaintiff be dead the rule be discharge birch for Benn Hawkins for defendant
christopher be wide open versus William hare two partner one buy good and die  the other Chargeable and how holt if there be two partner in trade and one of  they buy good for they both and the other die the survivor may be charge by  indebitatus assumpsit general without take notice of the partnership or that  the other be dead and he surviv d
christopher duke of Albemarle plaintiff Elizabeth viscountess purbeck  defendant a old charge on a estate and of which there have be no demand for  year be now decree to be pay this bill be to be relieve against a demand of  the arrear of a annuity of mark per annum amount now to mark charge by the  duke of Buckingham a James on his manor of Newhall and to be pay to the late  viscountess purbeck during the joint life of her and her husband that she die  in the Mr and her husband die ten year after her which annuity determine by  her death there be then mark arrear and that the defendant have procure  special letter of Administration to be grant to her to entitle her to the say  arrear and therefore she demand the same it be insist for the plaintiff that  it may reasonable be presume there be no arrear due and that if there be any  due at the death of the say viscountess the same have since be discharge or  may have be satisfy because the now defendant husband be a great favourite of  the late usurper and have or may have satisfaction for the same and the rather  for that it be now year since the viscountess purbeck die and no demand have  be make thereof since her death that the plaintiff father the late duke George  in October purchase the say manor and premise for pound actual pay without any  notice of the say rentcharge and that it be against equity to charge a  purchaser for a valuable consideration pay without notice c that it be a  matter of ill consequence for charge or estate to be suspend for so many year  and afterward to be arbitrary charge upon the same when and into who hand  soever the same shall come but the court declare that the say arrear ought to  be pay and see no Cause in equity to relieve the plaintiff and therefore his  bill be dismiss and the defendant to be at liberty to proceed as he shall be  advice in order to recover the say arrear report tempt finch er p
christopherus v CHOMELY injunction with a clause si ita sit a injunction be  grant to the plaintiff upon the surmise of his bill with this clause si ita  sit that the plaintiff be in possession by good caryi conveyance in law as he  allege notam it be then usual to grant instruction upon surmise with a proviso  si ita sit Fodringham christopherus plaintiff Richard Chomely defendant year  Elizabeth fol Mews dig title injunction c practice relate to form
CHRISTOPHORY against otto hill geo Writ returnable oct hill declaration leave  in the office de bene be the first day of the term defendant attorney put in  bail in time whereupon plaintiff attorney demand a plea and for want thereof  sign judgement defendant move to set aside the judgement insist that his  attorney ought to have have notice of the declaration and obtain a rule to  show cause which be discharge the declaration be well deliver de bene be and  notice be not necessary Eyre for plaintiff draper for defendant N B this have  since be otherwise determine and notice hold necessary
Chubbs v Billington June feme marry after interlocutory judgement and before  the writ of enquiry the plaintiff be a woman marry after the interlocutory  judgement and before the execute the writ of inquiry and it be now move to set  aside the writ of inquiry and the inquisition there on take but per totan  curian it be refuse and the defendant be leave to his hearing complaint
Chumley versus broom Mod plea to the jurisdiction of the court be never swear  but a foreign plea S Styl light Rep side sand Mod vide ante salk salk Lutw a  action of debt be bring in b r and the plaintiff lie the visne in such a place  within the county palatine of Chester which county be also in the margin of  the declaration the defendant do not imparl but plead by attorney that he be  and at the time of the action bring be resident at the say place within the  say county palatine of Chester and so pray judgement if the court of b r ought  to bold plea of this matter but the plaintiff reject this plea because it be  not swear by the defendant take it to be a foreign plea and therefore be sign  judgement for want of a plea say per holt Ch justice a foreign plea be where  the action be carry out of the county where this lie which in this case be not  do so that this be only a plea to the jurisdiction of the court which be never  swear so the judgement be set aside
church against Fendall easter geo move by agar to plead two justification  videlicet damagefeasant and under a demise from defendant to plaintiff chief  justice say he think they inconsistent but as defendant have obtain a rule to  show cause and plaintiff do not oppose it the rule must be absolute
church con roper car f award make by three person nominate by two arbitrator  by assent decree good in equity the plaintiff and defendant refer the  difference in question to the arbitration of Mr Hades and Mr Lovelace who make  a agreement or award therein as to the lease of the farm in question to be  surrender to the defendant upon term but the plaintiff do insist upon  allowance for improvement of the say farm which matter the say Hades aid  Lovelace not be so able to judge of they nominate five other person whereof  four or three of they be to settle the matter of improvement which the  plaintiff and defendant assent unto and bind themselves to stand to their  award that the plaintiff perform his part of the say award chancery report  make by Hades and Lovelace and that three of the five say arbitrator make  their award and award pound to be pay by the defendant to the plaintiff for  his improvement and for the surrender of his say lease but the same not be  deliver to the defendant punctual whereby the plaintiff may take remedy  thereby in point of law and although the defendant insist that the same be a  extrajudicial award and void in law yet for that the same be but part of the  award make by Mr Hades and Mr Lovelace and the defendant have benefit thereby  and gain possession of the say chancery report er p farm and otherwise and  this court conceive that the award make by three of the say five arbitrator  nominate by the say Hades and Lovelace be make in pursuance of the award of  Hades and Lovelace and in consummation thereof and be and ought in equity to  be deem as a entire award with they which be in part execute and after the  plaintiff have lose his lease and pay his rend and be leave remediless for his  money intend he this court be clear of opinion that the award make by the say  three arbitrator ought in all equity to be perform by both party and decree  accord
church versus Jason bart trin geo two prac ring barn S c motion to set aside  judgement the alias dict be in Latin as in the bind but deny cook a motion to  stay judgement in a action of debt on a bind the declaration be in English but  the alias dict in Latin as in the bind and a rule nisi be grant upon show  cause it be insist for the plaintiff that the alias dict be a necessary  description of the person that enter into the bind and as there may probable  be some variance between his description therein and the addition in the  declaration the declaration will not be good without it the court hold it be a  good declaration and therefore discharge the rule to show cause notam the  court seem to think that it be not material whether the alias dict be insert  or not and that if a alias dict be insert in a declaration upon a specialty it  must agree literal with the deed or the declaration will he have even on non  be factum
churchwarden as be a corporation with Eq can Abr c for the good of the parish  commence a suit by and with the consent and by the order of equity case  abridge er p the parish concern a charity for the poor in which they miscarry  and then they bring a bill against the subsequent churchwarden to be repay the  cost by they expend and have a decree for it but it be prove equity case  abridge that from time to time the parish be make acquaint with what they do  and though there be no vestry by prescription yet a vestry book keep for the  parish act be allow as evidence of their consent they be the trustee of the  parish for all matter and therefore the beneficiary and trust ill parishioner  ought to contribute and not lie the burden upon the churchwarden the annual  successive churchwarden need not be make party as they be renew per the master  of the roll Trin Radnor parish in Wales vin Abr pl
churchwarden OF saint bartholomew S case mich W salk a man leave so much per  annum for the maintenance of a weekly lecturer and appoint that he shall be  choose by the parishioner and to preach on any day in every week as they shall  think fit the parishioner fix on Thursday and choose a lecturer every year and  now a certain person be lecturer and the parish have choose another he will  not submit to the choice whereupon the churchwarden shut he out of the church  afterward the bishop of l determine in his favour and grant a inhibition holt  c j a prohibition must be grant to try the right this true one can be a  lecturer without licence from the bishop or archbishop but their power be only  as to the qualification and fitness of the person and not as to the right of  the lectureship and the ecclesiastical court may punish the churchwarden if  they will not open the church to the person lawful appoint or to any one act  under he but not if they refuse to open it to any other holt KB er p holt KB  legacy ewer v Jones holt king b er er ewer versus jones mich Ann salk holt c j  a devisee may maintain a action at commonlaw against a tertenant for a legacy  devise out of land for where a statute give a right the party by consequence  shall have a action at law to recover it see show Chan case Chan Rep and prox  page Mod case letter patent
churchwarden OF saint saviour Southwark v smith assignee of a lease after a  breach of covenant by the lessee not liable for the breach SC burr a lease be  grant to S with covenant on his part to pull down certain old house and to  rebuild other within seven year lessee neglect to do this and after the  expiration of the seven year assign his lease to smith against who the lessors  bring action of covenant Lord Mansfield CJ et tot cur the only question be  whether when a breach of covenant be complete and a assignment afterward make  the assignee be liable for a breach which he never commit the case be already  settle in more Salkeld c b judgement for the defendant b Grescot v green I  salk where holt CJ say that a covenant shall not bind the assignee if it be  break before the assignment aliter if break after as if lessee have assign  before the time expire as to what covenant run with the land and for breach of  which the assignee be liable see Spencer case Rep a oh which be the lead case  on that subject see also bally v well will where Blackstone er p the  resolution in S pencers case be insert Xayor of Congleton v Pattison east  Vernon v smia b a vin Abr covenant m Bac Abr d e pa Com dig d c
churchy versus rise mich W Mod vide I salk Mod Mod lill per holt c j if the  defendant be arrest and in execution and one become bind for he to the  plaintiff and the defendant give he judgement for his counter security it be  good though no attorney be present
chute against alford mich car rot assumpsit Siderf pl in action sur case on  promise to pay twenty pound to the plaintiff if he shall be implead by the  lord of the fee the plaintiff aver he be implead in the court of record in the  devise and do not show for what matter nor that the court have jurisdiction  nor as Yelvert Cox against Jennings Keble recite any of the transaction yet  after verdict and judgement in the c b the plaintiff in the first judgement  conceive it no error on hut lightfoot against Britmon but Jones insist on it  as error send curian contra this differ from action bring in inferior court  which must aver the jurisdiction but here if the lord usurp its trouble to the  plaintiff and the defendant may have plead this at first but per Windam the  plaintiff be a stranger as the case of Hodges and moil Cr pl he need not show  forth any of the proceed nor authority of the court as a baily or officer must  which Moreton agree and this be collateral matter and only inducement to the  action and judgement affirm
chute against hall Tuesday April visne in action upon the case on a rescous  the visne can be change on the common affidavit be ground on a process make  out of this court though the plaintiff have election to lie it here or where  the rescous be per curian I Keble er p
chute against the lady Dacre October liberty for the defendant to amend her  answer she be surprise therein the defendant have mistake her self in her  answer as be allege have therein swear something which be find by her  afterward to be otherwise it be allege by her counsel and affidavit make by  her self too for that purpose that those matter true set forth be add in the  margin of the draught after she have peruse it and so she be thereby surprise  and it be allege that no replication be file case in chancery er p prout  certificate and affidavit of notice of this motion to the other side be read  but the plaintiff make no defence it be ex part on the defendant motion order  that she be at liberty to amend her answer in the say matter mistake and it be  say that like liberty have be give to a defendant to amend his answer before  replication in a case between Chettle and Chettle in the Lord Coventry time at  the roll the master of the roll
CHYCKES case mich e rot ford devise of the feesimple of my estate to b and  after her decease to c her son who be her heir give but a present estate for  life to b remainder to c for life with remainder to b in fee a William Chicke  seize in fee of a message in London by a seize of b acre and of a message  devise all his land and tenement to c in fee and afterward in the same will he  devise his message call the swan now in the tenure of I S to d for ever among  other thing itwas resolve that d have a fee in the house east car b r b saint  the justice and the case be of chamberlain and Katherine his wife against  tanner cro car fol a Whittings case James b r Bulst devise to for ever be a  fee but if it be limit after the death to b in fee there and that seem the  better opinion a but Bendloe and Anderson both report this case as adjudge  that c the son shall have the fee after the life estate of the mother  determine dyer b er p his will in write devise it by these word S Tern I give  the feesimple of any big house in Sopeq lane to my cousin Alice Lq`dlam and  after her decease to William l her son which William be her heir dyer apparent  and die Alice enter and take husband and have issue by he and die whether the  husband shall be tenant by the courtesy be the special verdict in electrode  Horace and the opinion of the court be that the wife shall have the estate  only for term of life remainder to W her son for the term of his life and the  feesimple to the wife so the husband shall not be tenant by the courtesy and  so a adjudge
CI cony case devise tail devisee who shall first take a man seize of land in  fee devise that this wife shall take the profit of his land until mary his  daughter and heir shall come to the age of sixteen year and if the say mary  die that I S shall be his heir manwood say that the daughter after she have  attain the age of sixteen year shall have the land in tail for devise shall be  construe accord to the interest of the devisor if they have any certainty or  reason but no intent shall be take against reason and certainty it be certain  the daughter shall not have feesimple for that shall have descend to her  without any devise and these word if she die can be intend a condition for it  be certain that she shall die but if the word have be if she die before the  age of sixteen year I S shall be his heir that have be a condition and if the  word have be that after the death of mary I S shall be his heir so as the  estate tail remain in the daughter mounson and Harper contrary and that she  shall have but for life mounson say that if mary have be a stranger to the  devisor she have take nothing and this case be put by Barham sergeant a man  devise to his young daughter and to his middle daughter and to his old  daughter and that all these sum shall be levy of the profit of his land it be  hold by the better opinion that the young daughter shall be first pay and then  the middle and then the old daughter c and that he say be cony case
CI Hodgson and MAYNARDS case note it be say by the justice in this case that  if a executor promise to pay a debt when he have not asset no action upon the  case lie against he upon such promise but contrary if he have asset and so it  be b olden that if the Leonard heir have nothing by descent a action upon the  case will not lie against he upon such a promise make roll roll   style Rep  Hutton Rep Clayton Rep Len cro Owen
CI sir William Wallers case in this case it be move by winter that if one have  judgement in debt and upon that within the year and day sue a capias ad to  give satisfaction although that he do not prosecute the same by the space  Leonard of two or three year yet when he please be may proceed thereupon and  he shall not be put to a to know facias for a writ of execution once sue forth  shall be a continual claim and the party shall never be put to a to know  facias and of such opinion be Philips manwood I grant that if one have sue  forth a writ of execution and that be continue by sheriff non to cause to go  breve for two or three year yet the plaintiff may proceed thereupon and shall  not be put to a to know facias but if such writ be sue forth and not continue  but discontinue by a year and a day he shall be put to a to know facias for it  be negligence of the plaintiff if not continue of it which within the year and  day he may without order of the court but after the year not by any order of  the court c Len Len post trin Elizabeth in the exchequer
CIII GUNERSTON and hatchers case avowry Charles duke of Suffolk be seize of  three part of the manor of d and pool be seize of the four part of the say  manor and afterward the duke grant out of the say three part a rentcharge of  five mark to Gunerston and afterward the say duke of the say three part do  feoff hatcher in fee after which pool convey his say four part of the say  manor to the say hatcher in fee and afterward hatcher be seize ut above recite  the say several purchase especial the say four part devise to Katherine  hatcher at will and Gunerston distrain the cattle of Katherine hatcher for the  arrearage of the say rend and in a replevin avow the distress and by the  opinion of the whole court the avowry be not maintainable for the four part of  the say manor which be in the possession of Leonard pool be not charge with  the rend and although all the manor be now in the possession of hatcher yet  the manor be not so consolidate nor unite by this unity of possession but that  the owner may well enough single out the same quartan parten and grant it and  the grantee shall hold the sale discharge as the say pool hold it and the  beast of the say Katherine shall not be distrain and so judgement be give  against the avowant
CIII mich Elizabeth in the common plead note it be say by dyer and manwood  justice if one be condemned in a action upon the case or trespass upon nothing  to say or demurrer c and a writ issue to inquire of the damage and before the  return of the writ the defendant die the writ shall not abate for that for the  award of the say writ be a judgement and manwood say in a writ of account the  defendant be award to account and the defendant do account and be find in  arrearage and die the writ shall not abate but judgement shall be give that  the plaintiff shall recover and the executor shall be charge with the  arrearage and yet account do not lie against they Len
CIII mich Elizabeth in the common plead Possessto brother the husband be seize  in right of his wife of certain customary land in fee and he and his wife by  licence of the lord make a lease for year by indenture render rend have issue  two daughter and the husband die the wife take another husband and they have  issue a son and a daughter the husband and wife die the son be admit to the  reversion and die without issue and by manwood that reversion shall descend to  all the daughter notwithstanding the half blood for the estate for ear which  be make by indenture by licence of the lord be a demise and a Leonard er p  lease accord to the order of the commonlaw and accord to the nature of the  demise the possession shall be adjudge which possession can be say possession  of the copyholder for his possession be customary and the other be mere  contrary therefore the possession of the one shall not be the possession of  the other therefore there shall be no possessto brother in this case but if  one have be the guardian by custom or the lease have be make by surrender  there the sister of the half blood shall not inherit and mead say the case of  the guardian have be adjudge mounson agree and it be say that if a copyhold do  descend to the son he be not a copyholder before admittance but he may take  the profit and punish a trespass before admittance
CIII seckford and WOLVERSTONS case the plaintiff be bailiff of the liberty of  Esheld in the county of Suffolk the sheriff of the say county direct a warrant  unto he to arrest the defendant upon a latitat returnable in the king bench by  force of which the defendant be arrest become bind in the obligation upon  which the action be bring the condition of which be that if the defendant  personal appear in the king bench at Westminster and there to answer c it be  move that the obligation be void by the statute of h for the form which the  say statute prescribe for obligation to be take by the sheriff be accord to  these word appear at the day contain in the bill writ or warrant and in such  place c and that all bind take in other form shall be void as to the word of  surplusage personal the justice be of opinion that the obligation be well  enough notwithstanding that because as the case be the appearance of the  defendant ought to be in person upon a latitat for the defendant be suppose to  be in custodian rnariscal and so it have be adjudge in the common plea where  the appearance of the party arrest be de jure personal c contrary where  personal appearance be not requisite as to the other matter and there to  answer Wray put a difference where the word be there to answer that the bind  be well enough for it be no more in effect but that he shall appear eastern  mind ut to answer but if the word have be appear and answer the same be a void  condition for it may be that the plaintiff will never declare against he but  gawdy and ailiff justice be of a contrary opinion and that the bind be void by  reason of the word aforesaid but the court will not give judgement against the  plaintiff but ex agreeableness curiae suffer the plaintiff to discontinue his  action cro Owen Rep Leonard pasc Elizabeth in the king bench
city OF London against swallow ante pl privilege the defendant now pray a writ  of privilege suggest his charter of privilege as master of the mint but the  court refuse to read it though show but grant a writ be but to discharge he or  show cause to the contrary and the court must judge on the whole at the return  and so be Abdees case Cr and the king may exempt any so there be enough to  serve the government of the city as of exemption of juror but per Moreton a  exemption of collector of quinzine or of be burghess be void wile the king  sergeant press the read of the charter show which per curian be needless  unless the city can demand oyer of the patent and plead to it which he doubt  they can not but the city may see the letterspatent out record and if they  think the patent not good they may return non to go away and if faux a action  sur case lie against they and the court conceive the privilege wave by the  take the oath Adjornatur Keble er p
city OF London against swallow ante privilege Glyn oppose the bail of the  defendant because he be commit by judgement in a court of record which be not  to be avoid but by error send curian contra and by Keeling Ch just say that if  this be a judgement be without plead it may be set aside without any writ of  error as conviction on view c for a writ of error lie not here and for that  reason he come hither by habeas corpus and the court discharge he and allow  the privilege
city OF London against swallow ante privilege Mr attorney bring in a  suggestion in write of the privilege of the mintmaster though he conceive a  parole motion sufficient as in the case of chamberlain but the court conceive  not this be a writ of mandamus contain a recital of his prescription or patent  and enrol the patent here accord to a precedent show in h post
city OF London against swallow ante the mandamus be as usual writ of privilege  without any clause of as performance to make to agree facias well causan we  signify which per curian be ill and such clause must be insert in all  mandamuss and therefore a new mandamus returnable immediate be grant and  Twisden say that on conference with the Lord chief baron they always allow  privilege to moneyers even from subsidy post
city OF London against swallow privilege Siderf pl the defendant be mintmaster  be choose to be a alderman whereupon be by custom commit for refusal he come  here by habeas corpus whereupon the city return that they commit he for refuse  his oath and now be pray allowance of his privilege which the court doubt be  not now pleadable but the party shall have here pray a writ to the city to  allow the privilege as they do Cr pl to the justice in Essex to exempt  alderman Abde from serve as constable or else the party may hereafter swear  pray allowance for be choose by the ware they can discharge themselves by oath  that they be not worth mark yearly or any other way of privilege till they  have take the oath of alderman post pl
city OF London and Goree ante London in debt for savage grant by Edward the  defendant after imparlance have no oyer of the patent enter in the office a  petit hearing scribe predict to which the plaintiff demurrer quod placitum  predict minus sufficient to bar the plaintiff which per curian be ill there be  no plea at all but as on aid prayer it shall be judgement if be shall have  oyer which have be a without hearing to answer ouster and hale chief justice  say oyer in b r after imparlance be too late nor be exemplification sufficient  where the patent it self be plead and a repleader be award give oyer
city OF London and Goree Wednesday June London in debt for duty of savage  grant by Edward after imparlance the defendant petit hearing of the patent to  which the plaintiff demurrer and by hale chief justice on assignment of  variance between the patent and the declaration in the name of the corporation  or any other small variance the defendant may have oyer at any time but else  not after imparlance but adjornatur this be say the course in b r c
city of London bring debt for rend against their lessee of the waterwork the  assignee file their bill and obtain a injunction the city file their cross  bill against the assignee for a discovery it come out by the defendant answer  to the cross bill that it be turn into stockjobbing and divide into share  object to the cross bill that the defendant be only trustee for the share  beside a demand for rend be only proper at law but if they will come into  equity the must make the beneficiary and trust party but decree that the cross  bill be well bring the plaintiff in it be drive into equity by the defendant  and they may have their remedy from the sharer who be their undertenant Feb  Richmond and mayor of London vin Abr pl vern SC Prec in Chan east S c
civil contra rim car f a general trust in a will for child and not a fix trust  to create a certainty of right S c Charles c that sir Edwin rich make his will  whereby he after some legacy give and bequeathe all the residue of his estate  both real and personal to sir Charles rich his heir and assign for ever and  make he executor of his will and in his will say he leave his estate as  aforesaid in trust with he wherewith to reward his child and grandchild accord  to their demerit this court declare that as to sir edwin estate take the word  of the will of the say sir Edwin as they be they can amount to no more than a  general trust in sir Charles to reward such of his child and grandchild as  they shall demerit and as sir Charles shall think fit and not a absolute fix  trust to create a certainty of right or interest as to any certain proportion  in any of the child or grandchild much less in the plaintiff civil who demand  the great part of the estate and that it be in the grandfather power to give  the say estate or what proportion chancery report thereof as he please to any  of his child or grandchild but whatever of the real estate of sir Edwin be  dispose or settle by the say sir Charles by Act execute in his lifetime or be  devise or give by the will of the say sir Charles the plaintiff not to be  relieve but dismiss the bill see MCribbon v Abbott App Cas
CIX FIRRELL and the hundred OF b S case in a action upon the statute of hue  and cry by Firrell against the hundred of b the defendant plead not guilty and  in evidence the plaintiff to prove that he be rob as he have declare offer to  the jury his oath in make good his declaration which Anderson and periam  justice utter refuse but Windham affirm that such a oath have be accept in the  case of one Harrinton where the plaintiff can not have other evidence to prove  his cause in respect of secrecy for those who have occasion to travel about  their business will not acquaint other what money or other thing they have  with they in their journey and we see that in some cause the law do admit the  oath of the part in his own cause as in debt the defendant shall wage his law  periam that be a ancient law but we will not make new precedent for if such  oath be accept in this case by the same reason in all case where be secrecy  and no external proof upon which will follow great inconvenience and although  such a oath have be before accept of and allow here yet the same do not move  we and we see no reason to multiply such precedent the declaration be that the  plaintiff be rob of de denarius Self to express grief and upon the evidence it  appear that the plaintiff be the receiver of the lady rich and have receive  the say money for the use of the say lad and exception be take to it by  Shuttleworth but it be not allow for the plaintiff be Accountable to the lady  rich the say money and it be agree that if he who be rob after he have make  hue and cry do not far follow the thief yet his action do remain mich  Elizabeth in the king bench
CIX hill Elizabeth in the common plead the lessor covenant with his lessee  that the lessee shall enjoy the land demise without any lawful eviction and  afterward upon a suit depend in chancery by a stranger against the lessor for  the land demise the chancellor make a decree against the lessor and that the  stranger shall have the land it be move if that decree be a lawful eviction by  which the covenant be break it be hold by the Lord dyer that the same be not  any eviction for although that in conscience it be level ground that the say  stranger have the possession yet the same be not by reason of any right  paramount the title of the lessor which be in the party for who it be decree  hill Elizabeth in the common plead
CIX mich Elizabeth in common banc it be agree by the whole court and affirm by  the prothonotories that if in account the defendant be adjudge to account and  be take by a capias ad to sum up and set to mainprize pendent the account  before the auditor and do not keep his day before they that now a capias ad to  sum up de to make new shall issue forth against he mich Elizabeth in the  common plead
CIX STROADS case tenor in a replevin the case be land hold of a subject come  to the possession of the king by the statute of I e of chantry the king grant  the land over unto another it be hold in this case that the patentee shall  hold of the king accord to his patent and not of the ancient lord but the  patentee shall pay the rend by which the say land be before hold as a rentseck  distrainable of common Leonard right to the lord and his heir of who the land  be before hold Leonard er p
CKAMBERS against more continuances essoigns c may be amend on the plea roll  before judgement I salk Mod c I siam Ke ble ray lev roll ab ante a to know  facias be on a judgement obtain pasch car and the to know facias bear testae  Apr W m returnable Trin W m and now upon the record the entry be Trin W but no  continuances be from Trin until Trin the defendant plead a frivolous plea upon  which the plaintiff in the to know facias demurrer and now for the defendant  it be argue that the whole plea be discontinue for want of the continuances  from Trin until Trin and that the cause be thereby out of court so that the  plaintiff can not have judgement and the case be argue diverse time in this  term and the court give the plaintiff leave to enter a imparlanceroll with the  continuances with intent to have amend the plearoll thereby but it be  afterward at last resolve by the whole court that the plearoll itself be  amendable without any need of a imparlanceroll for the continuances essoigns c  be the act of the court itself and the court may at commonlaw at all time  before judgement amend their own act although in another term but their  judgement they can amend in another term but only in the same term by the  commonlaw and for authority be cite e b which be before any of the statute of  amendment a essoign be the act of the court amend   b Essoigns and  continuances be the act of the court be amendable by the court at any time  before judgement e the entry of a continuance in a voucher to warranty levinz  amend by the court it be the act of the court cro James that the default of a  continuance can be object before judgement because the court may enter it at  any time before judgement whereupon the plearoll be amend by the whole court  by a memorand quod alias sure term saint Trin c and the continuances all enter  down to that of Trin and judgement give for the plaintiff Pemberton and other  of counsel for the defendant levinz and other for the plaintiff
cl barker case estrepement in partition a writ of partition by Barker heir of  Gertrude marquis of Exeter who devise all her land to blunt by which the three  part be descend to the plaintiff and he pray a writ of estrepement and it be  the opinion of the court that the writ ought not to be grant for that the  plaintiff may have a more proper remedy upon the statute cum two tres c and in  a writ of partition no land be demand trin Elizabeth in the king bench
cl MINGEY and earl case in debt upon a obligation the defendant plead that the  obligation be with condition that whereas the defendant have sell to the  plaintiff certain wood grow upon certain land call S in the county of Sussex  if the plaintiff may quiet take and enjoy the say wood and if the ground  whereupon it grow be four mile from the town of rye that then c and for plea  be say that the plaintiff have quiet take and enjoy the say wood and that the  say land by the next high and usual way for carriage be pace from the town of  rye reckon to every pace five foot upon which the plaintiff do demurrer in law  gawdy justice for the computation of a mile in common understanding it be pace  and if it shall be count by the common way be the doubt but the meaning of the  party be that the plaintiff by fall of that wood shall not encur the damage of  the statute of Elizabeth cap and the statute do not respect the way of  carriage but that altogether and to all intent it be the distance of four mile  betwixt the place where c and the say town of rye and here it be not material  which be the common and usual way to rye for carriage but the nearness of the  place where c however be the I matter and therefore the defendant ought to  have plead that the place where c be every way distant four mile from rye and  as to that that he have answer four mile with pace the same be well enough for  although he do not answer direct the word yet if he do Leonard answer in  effect it be well enough for pace and amile be all one in substance Wray the  distance shall be account the near way not as a bird may fly cro trin  Elizabeth in the king bench
cl pasch Elizabeth in the common plead tenant in tail covenant with his son to  stand seize to the use of himself for life and afterward to the use of his son  in tail the remainder to the right heir of the father the father levy a fine  with proclamation and die it be move by Fenner if any Leonard estate pass to  the son by the covenant for it be not a discontinuance and so nothing pass but  during his life and all the estate which be to begin after his death be void  Anderson the estate passes until c and he cite the case of one pit where it be  adjudge that if tenant in tail of a advowson in gross grant the same in fee  and a ancestor collateral release with warranty and die that the same be a  good bar for ever pasch Elizabeth in the common plead
claim under he may from time to time cleanse the same accord to the covenant  it be object that the say covenant be a personal covenant be not at all  strengthen by the recovery and that the plaintiff and those under who he claim  be sensible of it have or forty year cleanse the same at their own charge but  the court be of opinion that this be a covenant which run with the land and  make good by the recovery and that though the plaintiff have cleanse the same  at his own charge while it be easy to be do and of little charge yet since the  right be plain upon the deed and the cleanse make Chargeable by the building  it be reasonable the defendant shall do it and decree accord and give the  plaintiff his cost hill Holmes and Buckley pre Ch g where there may be relief  when the agreement be not strict perform
clap against Edgecombe debt upon the Elizabeth ought to be lie in the proper  county SC keb lev debt be bring in b r upon stat Elizabeth for use a trade in  Devonshire which be send by nisi prius and try in Devonshire for the plaintiff  and now it be move in arrest of judgement that the action shall have be bring  as well as try in Devonshire to which it be answer that in Hugh and barn case  it be resolve that debt lie in this court but it be reply that after that case  inter Nicholls and Cochinell in the time of levinz hale chief justice it be  adjudge that the action ought to be bring in the proper county upon which the  court order the case to be put in the paper
clapham against moil ante covenant wile pray judgement may be stay the point  be difficult and debt lie not on these article make on marriage of the  plaintiff with the mother of the defendant for the agreement be to convey the  office of prothonotary of the c b proviso that the defendant shall pay to the  plaintiff out of the first three year profit he agree this proviso will be a  covenant in the conveyance because on default the office can revert to the  plaintiff nor have any other remedy but these article be only to convey with  such proviso and therefore debt lie not Twisden and Windham doubt adjornatur  Keble de boundary pasche car two b r die MERCURIL April year hide chief  justice he die sudden on may Twisden Windham be sick he come not until Monday  Apr and go off sick on Friday Keeling
clapham against moil proviso to pay be a covenant SC I keb in debt he declare  on article indent whereupon Clapbani be upon the marriage of moil to receive  the marriage portion of moil wife be and that Clapham shall convey a office to  moil provide that moil out of the first profit of the office shall pay to  Clapham and aver that he have convey the office and that the defendant have  receive out of the profit but have not levinz er p pay and on demurrer it be  adjudge that the action bring on the proviso well lie for this proviso be not  by way of condition or defeasance but by way of agreement to pay the
clapham and other process be against one Clapham and the notice be direct to  Clisham which be hold irregular and the proceed be stay Belfield for defendant  Eyre for plaintiff
clapham con bowyer car f mortgage a mortgage not be relieve after twenty year  forfeiture and the estate descend of a heir and he sell the same all this  plead and hold good
claphamson vers bowman as he believe be not sufficient for bail ante the  plaintiff bookkeeper swear that the defendant be indebt to the plaintiff in l  for money have and receive by the defendant to the use of the plaintiff as  this deponent very believe and the court hold it not sufficient to hold the  defendant to special bail
clappon and edgcombe trade in debt who tam upon Elizabeth cap for make hat in  Cornwall Polyxphen except that the plaintiff be dead per curian the action  abate as to the plaintiff interest albeit the king may proceed for his this be  debt bring hero which by Twisden justice lie well here on barn and hughs case  because debt lie not in session below but by wile justice on Nichols and  Cotterells case the mischief be the same and James cap be make against  vexatious sue of the party such small offence and to this the court incline be  after verdict for the king
clare v werden A D Eq can ab S c vern S c minshul v Lord Mohun Nov S p it be  hold that a defendant by his answer to a bill of revivor be not to contest the  justice of a decree but only to show cause against it Mews dig executor and  administrator XIII c see Minshull v Mohun sub nom mordant v Minshull bro p c
clare vers frost two justification allow to be plead trespass for cut down the  plaintiff tree strange move and have leave to plead double videlicet that the  defendant be lessee of a house and the close where the tree stand and have  liberty to cut down for repair be fall it on that account and second that I S  be owner of a ancient mill to which there be a watercourse through the ground  of the plaintiff and so prescribe for a right to enter and cleanse the  watercourse and that the tree hang over and the root spread so into the stream  that it stop the water and so justify the cut down
CLARENTIUS against dethick Clarentius bring a action of the case against  dethick by the name of dethick alias garter the defendant demand judgement of  the writ for the queen by her letter patent have create he king at arm et quod  to call by name garter first king implements and that he shall sue and be sue  by such name and because he be not sue accord to his creation he demand  judgement c Tanfeild pray that the writ may abate for this case have be here  in the court in question before where dethick be indict by the name of dethick  only and because he be not name accord to his creation be plead that matter  and the indictment be quash gawdy I remember the case very well and it be  adjudge at my first come to this court and in truth the judgement pass against  my opinion which then and still be that when he be sue as king at arm in such  case wherein his office or other thing belong to his office come in question  then he ought to be name accord to his patent but when he be sue as I S then  it be sufficient to name he by his proper name Popham upon the creation of any  deanery which be ordain and grant by patent of the king the dean shall sue and  be sue by the name of dean of such a place yet if such dean do sue or be sue  about any matter concern his natural capacity it be not necessary to name he  dean Fenner but this be a name of dignity and by his installation be make  parcel of his name and if a man be make a knight in all action he shall be so  name wherefore it seem to he that the writ ought to abate et adjournetur hill  Elizabeth
clark against clark and other prerogative court Trinity term June that the  expense of a commission of appraisement to be pay out of the estate of a  intestate before distribution but after the payment of the just debt George  clark a freeman of London subject to the custom die intestate leave no child  but leave a widow Hester clark who be entitle by the custom to one moiety of  his personal estate and to half the other moiety also by the statute of  distribution and he also leave a sister Hester tailor widow and several nephew  and niece who be entitle to distribution tailor enter a caveat and pray a  commission of appraisement in which the decease widow join tailor now pray  that the expense of the commission of appraisement may be pay out of the  estate clark oppose it on suggestion that the estate be insolvent in which  case the court never order expense to be pay out of the estate because it will  injure creditor judgment sir George lee I decree the expense of the commission  of appraisement to be pay out of the estate before distribution in case it  shall hereafter appear that lee there be any estate remain to be distribute  after all the just debt be discharge
clark against Danvers January copyhold for life custom that the first taker  may bar those in remainder Samuel wats grandfather of the plaintiff take a  copyhold estate in reversion for three life and the Copy be to Elizabeth  mother of the plaintiff and to I S and Danvers successive Elizabeth be make  the purchaser videlicet et Elizabeth that pro fine pound by the custom of the  manor the first taker may bar the remainder Danvers the defendant be godson to  the say Samuel Elizabeth the first taker and I S die Danvers be admit the case  in chancery copyhold be decree to the plaintiff heir and executor to Elizabeth  for my Lord chancellor hold that though Samuel pay case in chancery er p the  fine yet when by his consent Elizabeth be make purchaser in the Copy it shall  be take as all one as if she have pay it and if so it shall be intend that all  the estate in remainder be in trust for her and she have power as by the  custom so by the trust as beneficiary and trust to dispose of they sir Francis  winnington object that however the plaintiff be not entitle for as heir or  executor she can be entitle to the trust of a freehold for life the Lord  chancellor who shall have it c
clark against the Lord to draw close July car S c sub nom clerk v Lord  Anglesey Nels upon a demurrer where a feme covert ought to join in a Title  suit c and where not a legacy be give to a feme covert who be covert when the  legacy be give the husband of the wife without her exhibit a bill for it  because the wife be no party the defendant demurrer for of thing mere in  action belong to the wife as a bind c she ought to join in suit but otherwise  it be of a rend case in chancery er p run in the wife be right after marriage  if the husband alone shall sue the bind and be nonsuit or dismiss that will  not conclude the case but if he die before judgement or decree the wife can  revive the suit
clark and fitzwilliam arrest of judgement in a trover and conversion a action  of trover and conversion be bring by clark against fitzwilliam for diverse  good and householdstuff and among the rest the plaintiff declare of a trover  and conversion of tun after a verdict for the plaintiff it be move in arrest  of judgement that the declaration be uncertain for it can be know what be mean  by tun and upon this the judgement be stay till the plaintiff shall move  whereupon sergeant Twisden at another day move for judgement and say the  declaration be good enough for it be know that the tun be brewer vessel or  else they signify nothing and then ro damage be give for they accord to  Osborns case and the case where the action be pro twenty forearm instead of  elm tree Windham on the other side say that a tun be a measure and well know  so to be and you ought to show certain of what you do demand the quantity of  six tun and it can be say that the six tun shall signify nothing as sergeant  Twisden suppose for here the word be substantive and signify by themselves and  not adjective and Osborns case cite be adjudge upon another reason for fulcrum  chosen signify a bedstead and the England which be add videlicet curtain and  valance be a mere addition and no part of the declaration and beside they be  in English which ought not to have be Glyn chief justice the court have  deliver their opinion already that it be incertain what the plaintiff do mean  by the word tun for this case be not like the case put where a thing be  mention which do signify nothing for there damage can be give for such a thing  for the word tun do signify diverse thing but it be incertain what it do  signify here and therefore nil to take in hand per billam ask justice ad idem  style report er p
clark and Naylor prohibition Pelham pray a prohibition to Feversham court  suggest that he offer upon oath plea that cause of action arise out of  jurisdiction send non allocatur unless affidavit be now make that the plea be  tender on oath and so be Chadwicks case of the Penerel and a prohibition be  deny but the next day on affidavit show it be grant
clark and paget when a defendant be serve with a copy of a writ in pursuance  of the statute of Geo what shall not be say to be a sufficient English notice  within the meaning of that Act of parliament on rule to show cause why proceed  shall not be stay upon the statute of Geo by reason of there be no name of the  defendant insert in the English notice Mr strange submit it that it be not  necessary because the defendant himself be personal serve with it however the  court be of opinion that as the form insert in the Act begin with the word you  a b the letter a b must stand for the name of the defendant and therefore the  name of the defendant ought to have be insert for which reason they make the  rule absolute
clark and pew Pasc car banc Reg arrest of judgement in a action upon the case  a action of trover and conversion be bring by clark against pew and his wife  and the declaration be that the good be find by the baron and feme and style  report er p be convert ad use suum whereas it ought to be in the plural number  to wit ad use the dawn or ad use of pew and his wife for as it be it suppose  the conversion to be make only by the husband which be contrary to the action  it self which be bring against both upon this judgement be stay till the other  shall move
clark case keb before lev salk upon a habeas corpus to the mayor c of London a  custom be return to disfranchise and commit a freeman for speak opprobrious  word of a alderman the court say they may fine in such case but the other  custom will not hold notwithstanding the Act of confirmation of their custom  which do not extend to unreasonable custom Ventris boundary PACHAe year car  two in banc king
clark case note it be say by cook chief justice and agree by the whole court  and and e c that if a man deliver money unto ir S to I that use that I may  have a action of debt or account against he for the same at my election and it  be agree also that a action of trover lie for moan although it he not in bag  but not a action of detinue mich James in the common plead
clark executor of Sarah simonds against smith how far a quantum to deserve  will lie for rend or not Mr Abney have before move the court that one of the  judge will apply to Mr baron carter to report the state of the evidence in  this case that appear to he at the trial judge lee state the fact in the  manner follow there be two count in the plaintiff declaration one a  indebitatus assumpsit for the rend of certain land contain in the declaration  the other a quantum to deserve on the same account the land have be enjoy by  the defendant upward of twenty year and one certain rend of seventyseven pound  five shilling have be annual pay for it the half year rend that be due at  Michaelmas last the testatrix demand of the defendant and he tell her he never  pay the Michaelmas rend till Candlemas but then he will pay it upon this  evidence baron carter be of opinion that the plaintiff can not recover so  direct the jury to find a verdict for the defendant which they accord do Mr  Abney and Mr Noel submit it that the plaintiff be well entitle to recover upon  this declaration for which purpose they cite lev skin Mod keb and side and for  this reason they hope that a new trial shall be grant Mr Dennison be on the  other side and pray a day to show cause which the court accord give he but  afterward no body appear to show cause the rule be make absolute Barnardiston  king b er p
clark S case sur habeas corpus deerstealing commitment the defendant be commit  upon a conviction for deerstealing for a year and till such time as he shall  be set in the pillory whereas the Act say for a year only and therefore he be  discharge and sergeant wright cite a case where a overseer who by the statute  may be commit until he account be commit till he shall be deliver by due  course of law and adjudge void because it do not pursue the law Comberbach er  p
clark v avory the plaintiff pay cost for not attend the hear forasmuch as the  plaintiff do not give his attendance neither by himself nor Council for hear  of the Cause at the time appoint by order of the court therefore it be order  the plaintiff shall pay the defendant for his cost six shilling eight penny  and the matter to be hear between this and Tuesday next John clark plaintiff  Thomas avory defendant p m
clark v COLIBERE a inholder sue for money take out of a carrier pak in his  house have a injunction the defendant send money into the country by a carrier  who trust the same in a pack and come with one wood another carrier into the  plaintiff house be a inholder wood the other carrier do rise in the night and  take out the money and the next morning both the carrier depart together and  after wood be apprehend and send to Newagate and there die and the defendant  sue the plaintiff be a inholder at the commonlaw for that inholder by the  custom of England ought safe to keep their guest good yet a injunction be  grant to stay the suit at the commonlaw clark plaintiff Colibere defendant  year Elizabeth
clark v thorp march waste by guardian turn ancient pasture into arable however  beneficial supplement Lord chancellor a guardian have convert the infant  ancient pasture into ploughland it be waste and this notwithstanding the  guardian say it be on account of the late contagious distemper among the  cattle Reg lib a fol
clark vers tyson at guildhall in person Pratt CJ tender of stock plaintiff  must do every thing in his power to make it good upon a issue whether stock be  tender at the day the plaintiff prove that though the book be not open to make  transfer in the common form yet they be ready at the office and upon leave  from a director there may have be a transfer it not be usual to deny it on  such occasion but the defendant not attend to accept the stock the plaintiff  content himself with stay there all day and do not actual get leave from a  director to have the book open if the defendant shall come and for this  omission the chief justice rule it not to be a sufficient tender for there be  a possibility that leave may not be give and the plaintiff have not do every  thing in his power he ought to have prepare matter so that if the defendant  have appear there may have be a transfer immediate Thornton v Moulton post
clark versus mundal W m in person holt c j at nisi prius at guildhall a give  to b a bill of exchange on c in payment of a former debt not allow as evidence  on non assumpsit unless pay far show Mod case salk salk S C case B R holt see  Wilson a have a bill of exchange Payable to he and he be indebt to b in a sum  of money send and endorses this bill to b afterward b bring assumpsit against  a for the money and on non assumpsit a give in evidence this bill of exchange  Salkeld er p endorse and that it have lie so long in b s hand after it be  Payable and reckon it as money pay and in his hand but it be disallow for a  bill shall never go in discharge of a precedent debt except it be part of the  contract that it shall be so if a sell good to b and b be to give a bill in  satisfaction b be discharge though the bill be never pay for the bill be  payment but otherwise a bill shall never discharge a precedent debt or  contract but if part be receive it shall be only a discharge of the old debt  for so much a a by stat and Ann ch it be enact that if any person accept a  bill of exchange for and in satisfaction of any former debt or sum of money  former due to he this shall be account and esteem a full and complete payment  of such debt if such person do not take his due course to obtain payment of it  by endeavour to get the same accept and pay and make his protest accord to the  Act either for nonacceptance or nonpayment
clark versus paget Trin Geo two b r motion to set aside proceed the notice  under the Writ not be accord to the Act of parliament Mr V counsel move to set  aside all proceed the plaintiff have proceed so far that judgement be to have  be sign that morning upon which the motion be make and his objection be that  the notice under the Writ be not accord to Act of parliament which have chalk  out the express word in which notice be to be give and by that the name of the  defendant be to be set out at the head of the notice whereas in this case the  defendant name be omit and only say general you be serve c vide the stat Geo  to prevent frivolous and vexatious arrest and upon a rule to show Cause Mr S  insist that the meaning and purport of the statute be pursue and that it be  not necessary to include the defendant W Kelynge er p name where he be  personal serve and it be not say the notice shall be in the word follow but to  the effect follow c but the court grant the motion for the Act of parliament  be express and the plaintiff must either strike the letter a b out of the Act  or insert they in his notice
clark versus PEPEIN in a action of covenant the plaintiff declare that whereas  by a agreement in write make between he and the defendant it be agree between  the say party for a demise of a lease for ninetynine year of and in a certain  message c under a certain rend and the usual covenant as in all demise grant  by the trustee of the earl of Rochester be use all quorum consideration the  say peppin do agree to pay to the say clarke l at Michaelmas next follow and  although the plaintiff perform all of his part the defendant have not pay the  money c the defendant plead in bar that the plaintiff tempore quo to put below  pillage assembly nec unquan postea nil to have in property pillage so agree to  be demise to this the plaintiff demurrer and judgement by the whole court be  give for the plaintiff for though that may be plead in a action for debt for  rend yet it can be plead in covenant for a sum in gross beside the agreement  do not necessary import that the lease shall be make by the plaintiff it may  be understand that it be agree that he shall procure a lease for the defendant
clark versus pigot pasch will B R a person endorse a bill in blank and send it  to a friend to get accept be not preclude from bring a action in his own name  post case B R S c clark have a bill of exchange Payable to he or order put his  name upon it leave a vacant space above and send it to I S his friend who get  it accept but the money not be pay clark bring a indebitatus assumpsit against  the acceptor and it be object on evidence that the property be transfer to I S  et per holt c j I S have it in his power to act either as servant or assignee  if he have fill up the blank space make the bill Payable to he that will have  witness his election to have receive it as endorsee but that be omit his  intention be presume to act only as servant to clark who name he will use only  in order to write the acquittance over it a a vide ac Str
clarke a attorney against stone easter geo for fee c the court upon read the  act of parliament relate to atorneys and solicitor James and Geo make a rule  that plaintiff shall show cause why all proceed shall not be stay till he  deliver defendant a bill of cost
clarke a attorney against tailor defendant move that plaintiff bill of cost  whereon this action be bring may be tax after judgement by default and a writ  of inquiry execute but per cur the damage be now ascertain defendant apply too  late may have come any time before glide for defendant chapel for plaintiff
clarke against baker proceed be stay in a action of debt bring upon a  recognizance of bail pen a writ of error without defendant give judgement  because thereby defendant will be preclude from a surrender which be not  reasonable chapel for plaintiff comens for defendant
clarke against cotton a attorney a bill be file in this cause against the  defendant as a attorney of the court and the bill by mistake of the plaintiff  attorney do conclude ind to lead forth sectan c instead of ind petit remedy c  upon motion in the treasury the judge be please to order the bill to be amend  by strike out the word to lead forth sectan and insert instead thereof the  word petit remedy upon payment of cost to be tax nisi causan and the rule be  afterward make absolute upon a affidavit of service this case be like that  where the cursitor may amend a original by his instruction even in substance  and in mere form the court will suffer he to amend his own mistake the  instruction here give to the plaintiff attorney be to file a bill which he  have not do he have make it a declaration by this wrong conclusion and not a  bill accord to his instruction
clarke against GORRILL plaintiff own illness be hold sufficient to prevent a  nonsuit upon the late Act of parliament and be allow as sufficient cause and  next assize appoint for the trial after debate and the court be opinion Bootle  object to plaintiff affidavit that it be swear before his own attorney but per  cur that objection come now too late Bootle for defendant prime for plaintiff  barn er p
clarke against harbin hill geo may that a writ of ha cor returnable immedite  be lodge at the palace court to remove a plaint from thence into this court  and nothing further be do till that November last term when plaintiff serve  defendant with a rule to put in bail defendant insist that plaintiff shall  have serve such rule within two term after the ha cor bring and be now too  late the court hold that if defendant have put in bail upon his hacor without  stay to be barn forward by a rule for bail and plaintiff have not declare  within two term after bail put in the cause will have be out of court but the  rule for bail be not limit to any particular time rule to show cause why  proceed shall not be stay be discharge birch for plaintiff agar for defendant
clarke against Molineux a habeas co? pus by justice of peace to discharge one  arrest in come to the session SC I side keb raym case against the sheriff for  a escape upon mesne process the defendant plead a habeas corpus by the duke of  Newcastle and other justice of the peace at the session of the peace to bring  the prisoner before they who for that the arrest be make on the person come to  the session discharge he because he ought not to be arrest in go or return c  on which the plaintiff demurrer and Wyndham and Twysden incline the privilege  ought to be allow or else the king business will remain undo but by Kelynge  the justice of peace can grant a habeas coipus and it be adjourn
clarke against SPURDEN in a writ of error to reverse a judgement give in the  court of common plea the case be short march report thus a wife of I S  intestate promise to b to who administration be commit that if he shall  relinquish the administration at the request of c and suffer a to administer  that a will discharge b of two bind in assumpsit bring by b in the common plea  he allege that he do renounce administration and suffer a to administer and  that a have not discharge he of the two bind and it be find for the plaintiff  and thereupon error be bring because b do not show that he do renounce the  administration at the request of c and roll for the plaintiff in the writ of  error do assign the same for error justice Barckley all the other justice be  absent hold that it be error for consideration be a thing meritorious and all  ought to be perform as well the request on the part of c as he permission of  the part of b which ought to be show for perhaps b be compel to relinquish it  in the ecclesiastical court as it may be for of right the wife ought to  administer and therefore it ought to have be aver that it be at the request of  c and therefore if it have be that he shall renounce at the charge of c it  ought to be aver that it be at the charge of c and it be adjourn a man libel  in the spiritual court for tithe for barren cattle and it be move for a  prohibition upon this suggestion videlicet that he have not other cattle than  those which he breed for the plough and pale and thereupon Barckley be alone  there grant a prohibition and the same parson also libel for tithe of cony and  for that also he grant a prohibition for they be not titheable if not by  custom and here Barckley say that if land be titheable and the tenant do not  plough it and manure it yet the parson may sue for tithe in the ecclesiastical  court march report er p
clarke against tailor east geo ill prac ring barn S c attorney bill not to be  tax after inquiry execute cook the court be move to tax the plaintiff bill of  cost a rule nisi be grant but upon show cause it appear that a action have be  depend some time and a writ of inquiry execute therefore the court discharge  the rule declare that the defendant come too late after a inquiry execute and  the damage ascertain note the court seem of opinion that it will be too late  to apply for tax a bill of cost after judgement sign but that not be the case  before they no absolute determination be give as to that point
clarke against venner mich geo two prac ring barn S c prisoner discharge for  want of proceed to judgement may afterward be take in execution but where  defendant be discharge by supersedeas for want of be charge in execution he  shall be total discharge and can it be afterward take in execution Vid wright  v Kirswill above cook a motion to discharge the defendant out of execution who  be before discharge for want of the plaintiff proceed to judgement afterward  the plaintiff proceed to judgement and take the defendant in execution Mr  justice Denton say he have consult with the justice of the king bench and one  of the judge tell he that the constant practice of that court be that where a  defendant be discharge for want of proceed to judgement the plaintiff may  afterward proceed to judgement and take he in execution thereon and he shall  not be discharge but if the plaintiff have cook c p proceed to judgement and  the defendant be discharge for want of be charge in execution he shall be  total discharge and can after that be charge in execution cook c p er p
clarke against venner the same case nicholas fling case hill geo defendant be  in custody of the sheriff of Bristol bring his habeas corpus to move to the  fleet and tender it to the sheriff with seven guinea exceed mile which the  sheriff refuse to accept and insist on defendant for a attachment against the  sheriff and obtain a rule to show cause be afterward make absolute Eyre and  Corbett for defendant draper for sheriff
clarke all v clarke Nov specific legacy when apply to pay debt in case of the  real estate cro vern W where jewel be devise as a specific legacy yet they  shall be apply to payment f debt upon simple contract if the rest of the  personal estate fall short in ease of the real estate but not to make up  deficiency of other legacy salk vern and Q Trotman v terret in person master  of the roll on chief baron Montague will Mr Hungerford for the plaintiff Mr  Aris for the defendant
clarke v er darby No man be liable as occupier of a corn mill to the payment  of a praedial tithe upon a rule to show cause why a prohibition shall not be  award it appear that the charge in the libel in the ecclesiastical court be  that a certain quantity of wheat have be send to be ground at a mill and that  a certain quantity have be take out of the wheat send to be ground for toll  and that the prayer of the libel be that the occupier of the mill may account  for the value of the ten part of the wheat take for toll after deduct the  expense of grind the residue of the wheat the rule be make absolute and by the  court as the demand in this case appear upon the face of the libel to be of a  praedial tithe from a person as occupier of a corn mill the ecclesiastical  court ought not to proceed it be a settle point that no person be liable as  occupier of a corn mill to the payment ofa praedial tithe
clarke v mellers witness examine Philip mary order to prefer a bill for  publication the plaintiffs make motion to have publication of witness take  Philip mary between one Thomas Shrub then plaintiff and now decease who  daughter and coheir the plaintiffs wife be and Henry Barnard then defendant  now likewise decease touch land in the occupation of the defendant and order  the plaintiffs shall exhibit a bill for publication against the defendant and  call they by the subpoena to answer and then order shall be take clarke wife  Papwell wife stock plaintiffs eve mellers and Wodham defendant year Elizabeth
clarke vers othery No more cost than damage Com dig title cost a S c in  trespass assault and battery on the plaintiff the declaration go on nor insult  fecit upon the horse of the plaintiff verdict pro quer and damage and it be  move to have full cost on account of the special matter about the horse but  refuse upon consideration and the plaintiff have no more cost than damage vide  beck v Nichols ante
clarke versus fillip all S C saun Mod keb upon the trial in a ejectment the  title of the plaintiff lessor appear to be by a remainder limit to he for life  upon diverse other estate and that there be a fine levy and proclamation pass  but he within the five year after his title accrue send two person to deliver  declaration upon the land as the course be upon ejectment bring the court  resolve that this be no entry or claim to avoid the fine he have give no  express authority to that purpose and the confession of lease entry and ouster  by the defendant shall not prejudice he in this respect in this case keeling  and Twisden be of different opinion in this point videlicet if he that have  power of revocation over land c make a lease for life whether it suspend the  power only as a lease for year will do or extinguish it as a feoff
Clarkson against physic after judgement in a action of debt on a former  judgement and can sa deliver to the sheriff defendant move to stay execution  pen a writ of error bring to reverse the former judgement show cause per cur  the motion come barn too late it ought to be before judgement in the late  action rule discharge comens for defendant Eyre for plaintiff
Clarkson against physic m g Thursday Nov that S p barn S c action on a  judgement Writ of error on the first judgement the plaintiff in the action  have proceed to judgement and take out a capias ad to give satisfaction which  will er p have be deliver into the hand of a sheriff and a warrant make out  but it be not actual execute before the motion the defendant have never apply  to the court but now move to stay execution in the second action by reason of  the writ of error depend on the first and comens serjeant for the defendant  endeavour to distinguish it from the case of Robinson v Tuckwell the precede  case and the case of humh breysv Daniel there cite because in both those case  the execution be actual execute before the motion but the court be of opinion  that this be a distinction without a difference and that the defendant if he  will stay will execution for this reason ought to apply before judgement  however the matter be compromise and a rule be enter into by consent that upon  the defendant bring the money into court and agree to bring no writ of error  on the second judgement the proceed on the execution shall be stay until the  writ of error be determine
clavell against galler covenant in debt upon a obligation conditional to  perform covenant of undersheriffs baily part in negative part in the  affirmative the defendant as to those in the negative plead negative and as to  those in the affirmative that he have observe they to which the plaintiff  reply that the defendant be not assist at the arrest of I S to which the  defendant demurrer the court conceive the plea ill without show how he have  perform they and yet the replication be good to show a cause of action for the  naughty plea be a trap that the plaintiff shall have demurrer and so no cause  of action will appear judgement pro plaintiff nisi
clavering and ALKINSON supersedeas for not declare within two term Mr wood  move for a supersedeas to discharge the defendant out of custody for want of a  declaration within two term upon affidavit the case be that the defendant be  in custody of the chief bailiff of the honour of pomfret and the plaintiff  have declare against he as in custody of the sheriff of Yorkshire and the  inference be that this can not be take to be the same person and consequent no  charge against the defendant say non allocatur et per Powel and Eyre  declaration be deliver which you say be wrong therefore take advantage of it  as you can but sure it be a sufficient declaration to bold the defendant for  the intent of the rule be answer by it which be that he shall have notice of  the cause of action against he gilbert case er p
Clavering v Clavering equity case abridge er but if a man make a voluntary  settlement as a provision for his young child and for their maintenance such  voluntary conveyance shall be supply and make good in equity Thompson v  Attfield vern salk Clavering v Clavering vern that if there be two voluntary  deed or conveyance the first shall prevail and vide Title agreement letter c  Eq can Abr equity case abridge cap XXVI devise a of devise by who and to who b  of what estate or interest in the devise may he dispose c what word pass a fee  in a will d what word pass a estatetail and for life e of executory devise of  land of inheritance and here of contingent remainder and cross remainder as  far as they relate to this place f of executory devise of lease for year and  here of the limitation of the trust of a term as far as it relate to and agree  with the devise thereof g of term for year and incertain interest by devise h  of devise by implication I of devise of land for payment of debt king of  devise of thing personal as good chattel c by what description and to who good  l where a devise shall be in satisfaction of a thing due m of void devise  saint by devise what the law already give or what the policy of the law will  not admit dly by uncertainty in the description of the thing devise dly by  uncertainty in the description of the person to take thly by the devisee of  land die in the lifetime of the devisor what circumstance be necessary by the  h and car what shall be a revocation and a new publication vide Title will a  OF devise by who and TO who
clavering v clavering march sir John strange for Lord chancellor evidence the  same rule of evidence at law and in equity as to the loss of a deed this be  the sound doctrine see Ves sen c and askew v the poulterer company Ves sen  vide however the note on that case supplement c on liberty give to bring a  action unnecessary to order that the deposition shall be read at law on a bill  to supply the loss of the deed charge to be in defendant hand though a strong  case as urge for plaintiff for make a immediate decree yet if defendant insist  on it a trial must be direct all deed c must be prove unless in hand of  adverse party or destroy then parole evidence of the content allow Ves sen  there be the same rule of evidence at law on loss of a deed as in this court  nor be it necessary to order that the deposition of the witness shall be read  at law for court of law airways read they Reg lib a fol and a fol see the  circumstance of the case from jr l and the subsequent proceed to the ultimate  result of the cause in supplement p
clavering V clavering S c p wms mosel follow Spencer v fashionable idler Beav  and Elias v snowdon slate Quarries company App Cas Nov chancellor i different  from pit may sink in pursuit of the oar aliter of pit in this case it be say  by the solicitorgeneral that there be great difference between pit and i for  if a I be open as one may work the I be not oblige to pursue the vein of oar  under ground but may sink pit in pursuit of it as many as he think proper  which he necessary to come at the oar and so the Lord chancellor say it have  be resolve before justice Powel on great consideration and consult and examine  the most able miner
CLAXMORE vers Searle field and Falkner on the trial of a ejectment where there  be several defendant if any of they refuse to confess lease entry and ouster a  verdict shall be give for they but the cause of such verdict shall be endorse  on the postea and the plaintiff shall have judgement for the premise in their  possession against the casual ejector Claxmore bring a ejectment against  Searle field and Falkner field appear and confess lease entry and ouster  Searle and Falkner do not appear nor confess lease entry and ouster upon which  by the direction of holt chief justice at the summer assize at Horsham in  Sussex will a verdict be give by the jury for Lord Raymond er p the plaintiff  against field general and verdict be give against the plaintiff for Searle and  Falkner and endorsement be make upon the postea that this verdict be for  Searle and Falkner because the that do not appear and confess lease entry and  ouster and for this reason that they shall not have cost against the plaintiff  and that the plaintiff shall have judgement against the casual ejector for  such land as be in the possession of Searle and Falkner
Claxton and law cost in trespass of take the plaintiff bull on verdict for the  plaintiff S damage Tremain pray full cost whereupon it be refer to the  secondary to confer with the prothonotories of c b and on their report per  curian no cost shall be allow and cost be deny
Claxton versus swift post rot bill of exchange endors d c upon a endorsement  of a bill of exchange by the custom of merchant demurrer the question be  whether a recovery by the endorsee against the drawer without satisfaction be  a good bar to a action bring by he against a mean endorsor Thompson it be not  he have his election to bring his action against either therefore it be no bar  the plead in this case be nought there be a indebitatus assumpsit so that non  constat upon what account the damage be give pollexfen for the defendant to  the objection of indebitatus assumpsit answer they be aver d to be the same  and agree that he have election to bring against either several but not  against both together the election be determine by the recovery and if he may  after sue the other they will be deprive of their remedy so in trespass cro  Yelv and differ from the case of debt upon a bind which be joint and several  Adjornatur note this case be report in Lutw and Mod where it appear that  judgement be give for the plaintiff but afterward reverse in the  exchequerchamber
clay v Lord chancellor saint Nov Stanley pray absolute foreclosure capper pray  time cur enlarge time to redeem for six month Simons er p raise the money find  due from he do enlarge Simons the time of payment notwithstanding the order  for foreclosure have be previous make absolute and that it be swear in this  case that but for certain adverse circumstance the money will have be obtain  and pay on the saint of July last motion grant
clay versus SNELGROVE salk SC prohibition to a suit in the admiralty on  suggestion that the contract be make at land Danv p hob winch side salk Mod  the administrator of a master of a ship libel for wage in the admiralty court  which be due to the say master and his man and also for money pay by the  master to the mariner for their wage and upon a motion the question be whether  a prohibition shall go upon the common suggestion that the contract be make on  land it be agree that if the mariner have libel for wage no prohibition shall  go but this be for the wage of the master who be not ship as the mariner be  upon a general undertake of the master but he come in by a special contract by  charterparty with the owner and his remedy for his wage be by action against  they but in this case it happen that the owner be beyond sea and the counsel  for the administrator insist that no prohibition may go unless some sufficient  person will appear and put in bail in a action to be bring against he  otherwise this debt may be lose the court think it be reasonable so to do but  afterward a rule be make for a prohibition absolute without any condition
clay versus SUDGRAVE Trin will B R ld raym S C by the name clay versus  Sudgrave see S C ld raym with note Carth by the name of clay for Snelgrove  executor of master sue for wage in the admiralty and prohibition grant  prohibition not of right but discre Salkeld er p tionary suit in admiralty for  wage allow to mariner by mere indulgence but never to the master side hob Mod  salk case B R S C holt the executor of the master of a ship libel in the  admiralty for wage and it be hold by holt c j saint that prohibition be not of  right but discretionary he say hale and Wyndham be of that opinion but Kelynge  differ dly he hold it be by mere indulgence that mariner be permit to sue in  the admiralty for their wage and this indulgence be because the remedy in the  admiralty be the easy and better easy because they must sever here whereas  they may join there and better because the ship itself be answerable but it be  against the statute express though now common error compose law the first  instance of it be in winch yet it be never allow the master shall sue there  nor be it reasonable where he commence the voyage as master for though the  mariner contract upon the credit of the ship the master do contract on the  credit of the owner and he say the judge of c b be of the same opinion a a  vide Str raym r send for Doug
clay versus SUDGRAVE W I salk Carth by the name c F clay versus Snelgrove the  executor of a master of a ship libel in t e admiralty for wage holt c j hold  first that prohibition be nct of right but discretionary he say hale and  Wyndham be of that opinion but Kelynge differ that it be by mere indulgence  that naj Xiers be permit to sue in the admiralty for their wage because the  remedy copper coin be easy and better easy because they may join there and  better because the ship itself be answerable but it be against the statute  express though now community error compose law yet it be never allow the  master shall sue there the mariner contract on the credit of the ship the  master contract on the credit of the owner
Claydon sir Jerom horsey case Claydon bring a action upon the case against sir  Jerom Horsey for erect of a house in a certain place call risborough common  and allege in certain that every one who have common in risborough pied c and  do not allege that the common be in the manor of risborough but he declare  that there be such a custom within the manor of risborough and the opinion of  the court be that the declaration be good because there be but one risborough  allege and therefore of necessity it must he mean de manor pasch James in the  king bench
Claygate against bachelor in c b rot in debt upon a bind of thirty pound the  condition be that if Robert bachelor son to the defendant do use the trade of  haberdasher as journeyman servant or Owen er p apprentice or as a master  within the county of ken within the city of Canterbury and Rochester within  four year after the date that then if he pay twenty pound upon request the  obligate tun to be void and all the justice agree that the condition be  against law and then all be void for it be against the liberty of a freeman  and against the statute of magnacarta cap and be against the commonwealth h  and Anderson say that be may aswell bind himself that he will not go to church  and judgement be give against the plaintiff Owen michaelm Elizabeth
clayton against stapp easter geo defendant bring into court by habeas corpus  ad to give satisfaction sergeant object against his be charge in execution Mr  justice fortescue have make order for a supersedeas may which be lodge with  the warden and allow appearance enter defendant be supersedable last term and  ought to have complete benefit but defendant not have serve the order nor  allow the to sit till after habeas corpus be lodge with the warden cur he  charge and he may apply afterward as he shall be advice plaintiff may bring at  his peril
clayton and anonymous where it appear on the record c the ejectment be bring  before title accrue No judgement against casual ejector ejectment be bring as  of the last term and the demise be lie in October the tenant do not appear  holt say he will not grant rule for judgement against the casual ejector where  it appear upon the record that the ejectment be bring before title accrue  though the practice may have be so per holt where authority be give to two  justice of the peace without mention of any appeal there au order may commence  at the session else not Comberbach er p
clayton and Gillam trespass for dig up post break his close and carry away the  post c continuand after a verdict that continuand for carry away be ill but be  after a verdict the court say that it shall be refer to that part of the  trespass that may have continuance but if it be upon a demurrer it will be  otherwise see the case of Letchford and Elliot mich car r b which be for throw  log and other trespass continuando side vent Jones
clayton and monk ante modern Rep pl Mr solicitor pray the king wooer may take  place against the assignee of commissioner the defendant be a bankrupt which  per curian can be unless seizure be make and return by inquest before the  assignment also this be not a immediate debt but in aid of receiver who be  joint bind with monk the court refuse to deliver money till a inquest be  return of this particular debt though Clayton himself be sheriff and will  return none et adjornatur till notice to the king attorney
clayton versus Gillam t Jones raym lev in trespass for break and enter of his  close and feed c and lie thereon certain piece of timber c et continuando  transgression pillage after verdict for the plaintiff it be move in arrest of  judgement that one of the trespass videlicet the lie of timber can not be with  a contitiuando but it be resolve by the court that continuando transgression  pillage shall be refer only to the trespass which may proper be say with a  continuando but if the continuando have be express lie for that trespass all  will have be nought as it be resolve in a case two this court between  Letchford and Elliot car
clear administrator of clear against BARTUE and wife London in account by one  as administrator of c plea that c make a will and executor demurrer to for not  traverse the intestacy account be bring by Edward clear as administrator of  sir John clear knight who die intestate hic against Richard Bartue esquire and  Katherine his wife who be duchess of Suffolk but she be not so name in the  writ nor be Bartue name of any place as he ought in this case because process  of outlawry lie in it but no exception be take to this and the writ be from  the time that the say Katherine be receiver of the money of the say I without  say dumb sofa fruit but these word be in the declaration and he count of the  receipt of four hundred pound by the proper hand of the say sir I at one time  note this and defendant plead in bar of the action namely that the say sir I c  before the administration be commit and show the year and day at London in  such a parish and ware make his will and thereby ordain one Walter Herondon  his executor and die after who death the say W h executor prove the say  testatment before William cook doctor of law keeper or commissary of the  prerogative court of Canterbury and thereupon administer diverse good and  chattel of the say I without strew where and that afterward the say executor  make his will and one a his wife his executrix and die and she prove the will  and also administer as well the good of the first testator as of the say  second testator and show where c and aver the life of the say wife executrix  and demand judgement si action without take any traverse to the dyer die  intestate c and upon this plaintiff demurrer in law last east rot
clee against scot Monday fever privilege notam per curian as the course of the  court that a declaration deliver to a prisoner in custodian must be the same  term file and can be deliver as of former term in vacation time but copy may  but if the party be not in the prison process must be against he unless be  voluntary appear and so it may be as of former term as well as in other case
CLEGGE v WARBERTON attachment discharge and a bill of perjury for procure it  indirect John Clegge be serve with a subpoena by the name of Robert Clegge and  John Warberton caryi er p make oath that he serve a subpoena upon Robert  Clegge and a attachment be serve upon John Clegge and order that he shall be  discharge thereof and caryi may exhibit his bill into this court against the  say John Warberton and can he in by process to answer his perjury Robert  Clegge plaintiff Thomas Warberton defendant year Elizabeth
CLEMENHERE against Pasco Tresilian arbitrement Siderf pl Paulet pray a  attachment for not performance of a award make by the Lord chief baron by rule  of assize make a rule of this court which Keeling Ch just deny unless make by  the court and be deny any such rule be make in the case of derbyshire and  cannon and the rule be a contempt be discharge by be examine to interrogatory  and a attachment may be for not submit but not when a award be make send  curian contra yet a attachment be deny post
clement against CASSYE a lease be make to try a title of a house and the  lessee enter into the house and the wife of the say former lessee ousts he and  farm the house and after the husband come there yet the ejection firm be bring  against the husband only and well and the matter in law for the title be a  seize of Bl acre and wh acre in fee devise both to his wife for life the  remainder in b acre to b in fee item I make my wife executrix of all my good  and land by the court that do not give the fee of W acre to the wife for land  shall intend such land as she may have as executrix but by Popham otherwise it  have be if he have say I make my wife heir of all my land
clement against return vie in debt f simile p above Maynard move that Baily  shall bring in his bind because by twisd action upon the case lie not against  he for a false return but the court say he shall not be compel to assign his  bind without sufficient surety give he
clement vers LANGHARNE Intr mich W b r rot SC salk if baron and feme intend to  levy a fine of the femes land and she die before the return of the writ of  covenant the fine can be complete if it be erroneous the plaintiff bring a  writ of error to reverse a fine levy in the grand session in Wales in the  county of Pembroke as heir to the wife of the conusor the land be the land of  the wife and the error assign be that she die before the return of the writ of  covenant upon a to know facias against the terretenants c the defendant be  return terretenant who be also conusee and warn and upon mention the error by  Mr Raymond to the court the fine be reverse without difficulty
clement versus Langham pasch Ann S C ld raym where the cognisor die after the  caption and before the return of the writ of covenant error of a fine levy in  the court of common plea the error assign be that the cognisor die after the  caption and before the return of the writ of covenant and for this reason it  be reverse a say c the husband prevail with his wife be about twenty year of  age to levy a fine of her inheritance the wife die et per curian if she have  be live and under age she may upon a motion be bring into court by a habeas  corpus and if by inspection she be find to be under age the court will set  aside the fine and punish the commissioner who take the caption but at  commonlaw there be no such abuse because all fine be levy in court but now  since the statute Edward which give the dedimus fine have often be levy by  infant a fine of all his land in the parish of Blandford shall pass all his  land in that parish though in several will but not out of the will though in  the parish c a fine and nonclaim bar all trust and equity where the equity  charge the land but where it charge the person in respect of the land it will  not bar also a equity of trust create by a fine shall never be destroy or bar  by the same fine a r ac barn will vide cruise Salkeld forcible entry
Clempson versus bear Trin James rotolu a action of debt bring upon a recovery  in a courtbaron and declare that every court be hold before the steward only  and not before the suitor and a declaration there for rend reserve upon a  lease for year behind and the court hold the declaration void and that these  word accord to the custom of the manor time out of mind will not help the  declaration and the defendant be admit to wage his law present if he will a  man can send his apprentice beyond sea except he go with he see Eaton v  western QBD
clench against CUDMORE S c Lutw copyhold not within the stat car c of guardian  Hutton kelw f n b Vaughan in replevin upon long and intricate plead and not  well plead the court resolve one point only without any regard to the other  defect in the plead videlicet that a copyholder be not within the stat car to  dispose of the custody of his infant but that the custody shall be to the lord  or other accord to the custom of the manor as to the copyhold land for the  prejudice that may otherwise be to the lord and for the meanness of the estate
clench and CUDMORE in c b stat car c extend not to copyhold adjudge that the  clause of car which enable parent to dispose of the guardianship of their  child c by will do not extend to copyhold estate and that a copyholder in fee  can of common right dispose of the guardianship of his son though by custom it  may be good
clench v TOMLEY possession bind by decree and the party prohibit to sue at  commonlaw Inter Tomley and Clench it appear by testimony of ancient witness  speak of sixty year before and account book and other write that Francis  Vaughan from who Tomley claim be mulier and Anthony from who Clench claim be a  bastard and the possession have go with Tomley fifty year in this case the  Lord Egerton not only decree the possession with Tomley but order also that  Clench shall not have any trial at the commonlaw for his right till he have  show better matter in the chancery be a thing so long pass it rest not proper  in notice de pais but to be discern by booksand deed of which the court be  better able to judge then a jury of ploughman notwithstanding that exception  be allege against those ancient write and that for the copyhold land the  verdict go with Clench upon evidence give three day before sergeant William  that Anthony be mulier saint may Jacob Mews dig title injunction b in what  case grant
clerk against Cheyney ante way in trespass the defendant justify for a way as  cobble and Allen Hub over the place in question from b to a place call London  road not say where that be and per curian after verdict this be good enough  and judgement pro plaintiff
clerk against CHEYNY and colt c hill car rot way see hull Reymer c hull in  trespass the defendant claim a way over the place in question and the issue be  intend on the way but be now in blank as well the place to which as from which  for which cause Coleman pray a repleader which be oppose by gardener because  the place from which be name Lovells over the place in question and the place  to which be call London road in parochian de with a blank omit where London  road be lead to Dunstable and issue be on the prescription for the way so the  right be try which the court agree near Twisden who say the terminus a quo ad  who and over which must be sufficient find and one be not so without the  parish albeit it have be otherwise hold and though this may be ill on demurrer  it be well enough after verdict especial this verdict be for the plaintiff and  so no way at all plead and judgement pro plaintiff but Twisden hold firm that  be it find pro defendant it have be ill post
clerk against NETTLESHIP promise to leave his wife if she will sell her land  and let he have the money his obligation for the not fraudulent ante at  Guildball upon evidence at a trial before hale the case be thus the wife have  land as heiress and the husband be a tradesman and in debt he promise his wife  that if she will join with he in a sale of the land and permit he to receive  the money for the use of his trade to leave her at his death they sell and he  have the money and six month after be sickly and consumptive he make a  obligation to a stranger condition to pay his wife after his death and two  month after die and by the direction of hale chief justice the jury find the  obligation not fraudulent quoad creditor though in law a man can make a good  promise to his wife and though the obligation be make so long afterward
clerk against newton trover trover de three hundred uvar with a England curran  which per curian be well enough after verdict as weight of good or centum  weight centum dvobus quarteriis One centen uvar passaram England raisons which  I Cr be hold well enough with England pound weight and this word centen  although Keble er p no particular Keble damage be find go to three part of  four of the charge Adjornatur
clerk against PRINN incumbent in ejectment the plaintiff on trial at bar make  title to the parsonage of Westbourn as lessee of sir John heath in Sussex and  as evidence offer a institution without presentation or copy of it which the  court refuse albeit a presentation may be by parole yet h per Elliot proof  must be make that it be especial induction have be fifteen year after  institution which albeit that it make a plenerty against all but the king yet  it give no possession the grant be of the next presentation which be make to  two brother whereof one disclaim by never seal yet per curian he be no good  witness unless he release or disclaim on record the defendant offer to  demurrer upon the evidence that no proof be thereby of a presentation but per  curian as in the case of pinner and wright of a diem to shut extremum this do  admit there be a presentation for the jury shall be presume to find all they  can contra on a bill of exception the parsonage in question be a rectory with  a perpetual vicar endow which be but spear habitual Keble riot active Cr and  so not a benefice with cure of soul within car cap but per curian wherever the  incumbent come in by the bishop it be a cure of soul for as cure of the vicar  arise out of parsonage so do this out of the patron so they all resort to he  and the cure of soul can be transfer by parson to the vicar also though there  be a perpetual vicar yet the parson may have concurrent cure it be insist on  car cap car cap the Act of tonnage and poundage that this be no Act of  parliament more send curian contra on solemn argument in c b it be resolve to  be a Act of parliament and the court say God forbid it shall now be question  wherefore the judgement in c b be by consent of all the judge of England  against which Moreton argue there the court will not suffer it to be find  special but afterward a verdict be pro plaintiff post
clerk against PYWELL and fillip Monday Nov Extingment modern pl Entr Cong Br  in ejectment a deed with power of revocation by sir Pexall Brocas be offer in  evidence which per curian on lease for year be only suspend nor per Twisden be  there lease for life it be only a suspension for the life and for the rest it  be good which Keeling Ch just and Moreton deny and say the lease for life be a  extingment of the power as well as a feoff the entry to deliver declaration in  ejectment be not sufficient to avoid a fine without express authority to enter  to avoid the fine whereupon the plaintiff be nonsuit
clerk against rutland in James in ejection firm between clerk and Rutland it  appear that a feme sole possess of a term of year assign this to a in trust  and after entermarries with he in reversion and after the husband be in quiet  possession he and his wife join in a bargain and sale to b upon valueable  consideration and after the wife die and the assignee noth set on foot the  lease and if this shall be void against the bargainee be the question upon  evidence and it seem not because the bargainee claim nothing by conveyance  from the wife and also this trust in the term noth not belong to the husband  after the death of the wife for Tanfield say that it be decree in the chancery  and the opinion of the judge be in one deny case if a feme sole assign a lease  in trust and after take husband and die that the administrator of the wife  shall have this trust and that the administration shall be grant for this term  although there be no other thing for which the administration ought to be  grant also it be touch in this case that if the father make a lease for forty  year to a stranger and continue in possession and after convey the land to a  young son who for a valuable consideration convey it over it be doubt if the  purchaser shall avoid this lease or not but it be say that if in that case the  father after the make of such a lease have suffer the land to descend to his  old son who have be privy to this trust that then the purchaser of the old son  shall avoid this lease as it be rule in Burwels case cook lib upon a motion  make by Prideaux that Robert winter one of the powder traitor make a lease for  year James to one Gower and that after James the lessor be attaint of treason  by parliament which attainder relate to a time before the conveyance of the  fee and if in this case the term be save or lose it be the question
clerk against sorrel in chancery Friday Apr arbitrement the plaintiff pray to  be relieve against a award because thereby be give I whereas the original  agreement and contract be to pay livre per acre for a wood which come to more  accord to the custom of the country videlicet Essex allow a rodfall in the  measure to the buyer who be to repair the fence and also because this award be  make by the umpire who wish the plaintiff to rest content with the I or he  will lash he or livre thick but per Bridgman Lord keeper admit the award be  unreasonable yet without special fraud and collusion allege he will give no  relief against a arbitrement neither be this award unreasonable because he  conceive the custom of the country will not be allow to alter the express  agreement per acre in the article
clerk against the churchwarden OF c poor its say the churchwarden ought to  provide in present exigency and shall be reimburse by a rate style pl on  motion for a new amendment of a order make for to reimburse clerk overseer of  the poor in saint Giles cripplegate but the former be quash the majority of  justice in hicksshall videlicet refuse to grant any new one because not in  their power but main because the order be ground only on a account state by  the oath of the party and never allow by the two next justice yet it be urge  that such default make not void the account but have a particular penalty  annex that the two next justice refuse to allow it in which case the two next  must be seek to first before h can go to the session contra in thing to be do  by two justice c that the inconvenience will be great if not allow here at the  session the poor be but ill provide for at best and now will fare worse that  it be impossible to render a account other way then on oath by reason of the  sudden and necessary occasion of expense that it be more for the benefit than  disadvantage of the parish for one that be a baker c to distribute bread of  his own at the parish charge then to buy it that there be a tender make in due  time by c
clerk against townsend Monday Nov tithe in Dism Br Simson pray a prohibition  to in suit for tithe suggest that the land belong to the Cestertian order send  non allocatur without actual suggestion that the land be in the hand of that  order at the time of the dissolution and now grant over by the king which be  make the court grant prohibition nisi but per Windham the owner must be always  in possession for lessee of patentee shall not have this privilege
clerk and Cheney keb hob Mod lev sal in trespass for break of his close the  defendant justify by reason of a way from his house through the place where  usque southsouthwest wind way regian in parochian d peremptory or urgent call  London road and issue be join upon the way and find for the plaintiff it be  move in arrest of judgement that there be no issue join for the incertainty of  the terminus ad who whither this way shall lead and one that justify for a way  if he allege the place from whence and to which and that it lead over the  place where it be sufficient though he mistake the other mean passage Ventris  of it and though this be the defendant own plea yet he may take exception to  it not be certain enough to make a issue say non allocatur for in regard it be  find that he have a way over the place where it be not material to the  justification whither it lead it be after verdict when the right of the case  be try and it be add at last by the statute of Oxford car and so Twisden say  it be the opinion of all the judge at sergeantsinn he put the case to they at  dinner
clerk and comer judgement for the plaintiff in c p upon article restrain the  defendant from set up his trade within the bill of mortality affirm in error  king b refer to maxim Nordenfelt etcetera company Nordenfelt Ch a c a action  of debt on article that plaintiff teach the defendant his trade on condition  that he will not set up within the bill of mortality under the penalty of  pound the action be bring in c b breach be assign the defendant demurrer to  the declaration and the plaintiff have judgement on this a writ of error be  bring in b r and judgement be affirm upon the authority of the case ld raym  fortesc Rep stram of Chesman and Manby affirm in the house of lord with cost  hill Geo I upon the foundation of the case of p will Rep Mod fortesc Rep  Mitchel and Reynolds in each of which it be adjudge that a action will lie on  breach of such article
clerk and crow how far a agreement which be make in restraint of trade shall  be say to be bind or not on a writ of error on a judgement in the common plea  this appear to be a action bring on article by which the defendant agree not  to exercise a certain trade within the weekly bill of mortality Mr Bicknal say  that such agreement be determine to be good in the case of Jaspen and lamper  hill Geo and likewise in the case of Michael and Reynolds for which reason the  court affirm the judgement direct
clerk and PAYTER Saturday novemb merchant in trover by the plaintiff officer  of a tie surveyor of customer for foreign bacon seize by Edmund clerk and by  he sell to the plaintiff Henry the defendant claim as have first seize part  but not these in question but sue a replevin and on car cap and car cap the  defendant insist on it that he be a officer under a tie surveyor and the  plaintiff have not prove his property this be not sufficient to make the  officer guilty but by Rainsford chief justice that the replevin be sufficient  be never execute but yet the good divide notwithstanding and by Jones its time  enough to claim property after the replevin and the servant be finable if be  sue a replevin wrongful the good be first seize by Edmund clerk at Blackwall  where Edmund Keble be no officer nor inhabitant but his family live in  whitechapel but be seize by the church warden in Allhallows bark where they  land first yet the first be at least a seizure in fact William for the  plaintiff say it be sufficient against all other who have no property but the  court conceive no property can be take from the party unless he be a officer  or inhabitant not only within the parish by have a room to keep his office in  but likewise a officer or inhabitant of the parish that have his family or  chief residence there but a lodger be not sufficient to seize a covenant  seizure be not sufficient but it must be actual the defendant seize below the  lee two league off at sea which be suppose sufficient the import the ham be  the forfeiture and not the land and so the plaintiff seizure be but a  reseisure and so not sufficient but by Rainsford it not appear the parish have  any share in that seizure its void but by Jones car cap refer to car cap which  give forfeit of so much per head of cattle import into the kingdom and verdict  for the defendant Keble er p
clerk and Serle this be in a action of debt for the charge of a partywall  wherein the plaintiff set forth the statute car for rebuilding the city of  London but omit to say that the partywall be within the city of London  therefore adjudge ill upon a demurrer and hold in this case that he may have a  action of debt and that the go before the alderman c be when they can agree of  the value so likewise Tr c it hold the party may have election for that there  be no negative word in the Act and another exception be take that it be not  say that the defendant have build upon the plaintiff partywall yet hold good  enough Skinner er p
clerk v clerk equity case abridge er the plaintiff husband and defendant have  enjoy a churchlease in moieties under a agreement that there shall be no  benefit of survivorship but upon the last renewal the lease be take in both  their name and no express agreement against survivorship the plaintiff husband  fall sick by deed assign his moiety of the lease to his wife and by his will  devise it to her but there be no proof of the agreement and the grant to the  wife be void it be decree that the will can not sever the Jointenancy mich  moyse and gyles vern Prec in Chan S c state it thus one joint tenant of a  church lease make a deed of gift of his moiety to his wife as a provision for  her and with intent to sever the jointure and then die this be to the wife and  void in law and voluntary and without consideration equity will not relieve if  a and b be Jointenants and a make a lease for year of his moiety to commence  upon his death if b shall so long live this be a severance of the Jointenancy  and the lease will bind b if he survive clerk v clerk vern SC but not S p ante
clerk vers clerk the spiritual court may compel a administrator to make  distribution but they can compel a debtor of the intestate to pay his debt  into court though such debtor be the person apply for the distribution but  they may forbear proceed to the distribution till he pay it in clerk die  intestate his wife take out letter of administration to he clerk brother to  the intestate cite the defendant into the spiritual court to make distribution  of the intestate estate the defendant there suggest that the brother have good  of the intestate in his hand to the value of and upon this the Lord Raymond er  p spiritual court order he to bring the into court to the end that it may be  distribute and for not bring it in they excommunicate he upon which he move in  B R for a prohibition and it be grant as to the whole process that compel he  to bring in the for per curian the spiritual court have power to make  distribution of the estate when it be come in but not to fetch it in because  that be to hold plea of debt but the spiritual court may refuse in this case  to proceed to the distribution until the brother have bring in the but they  can excommunicate he for not bring it in
clerk vers comer action lie on breach of article not to set up trade a action  of debt on article that plaintiff teach the defendant his trade on condition  that he will not set up within the bill of mortality under the penalty of the  action be bring in c b breach be assign the defendant demurrer to the  declaration and the plaintiff have judgement on this a writ of error be bring  in b r and judgement be affirm upon the authority of the case of Chesman and  Nainby Lord raym Stran affirm in the house of lord with cost hill Geo upon the  foundation of the case of Mitchel and Reynolds p will in each of which it be  adjudge that a action will lie on breach of such article
clerk vers how it be rule by holt chief justice at Brentwood summer assize  will upon evidence at nisi prius that if copyhold land be surrender to the use  of a will c and afterward the will devise this land to b and his heir upon  condition that he pay within six month after the death of the devisor to I S  if the money be not pay I S ought to be admit and then he must make a actual  entry before he can surrender and therefore in the present case a surrender  make by I S before actual entry be hold ill
clerk vers udall SC more at large Mod in assumpsit upon quantum to deserve  upon non assumpsit plead and verdict for the plaintiff it be move in arrest of  judgement that the declaration be ill because it be to pay such sum as the  plaintiff reasonably to have to deserve upon which judgement be stay until  this term and now the court hold that it be well enough and the same with to  deserve judgement for the plaintiff
clerk versus DEALY pasch Ann more plaintiff as executor bring indebitat for  money of the testator receive afterhis death to the plaintiff use and produce  the testator debtor who pay it as a witness but he be reject per holt c j for  the plaintiff by bring this action determine the election he have of sue the  original debtor or the receiver and allow of the payment but if be be nonsuit  the matter be at large again and he may sue the debtor and therefore the  debtor swear to discharge himself and by consequence be no witness holt KB it  appear also that another sum of money mention in the declaration be find by  the defendant in the testator room after his death which he take and per holt  c j as to that the plaintiff mistake his action for he shall have bring trover  and not a that is not owed for money receive to his use and the plaintiffwas  nonsuit
clerk versus martin Pas Ann B R ld raym S c post action lie not on a  promissory note before the statute ante Mod Mod a note be give by the  defendant whereby he promise to pay to the plaintiff or order so much money  the plaintiff bring a action on this note and declare on the custom of  merchant and likewise lie a general indebitatus assumpsit and on the general  issue entire damage be give upon motion in arrest of judgement the court hold  that this be not within the custom of merchant and be no specialty no action  can be ground on it then it be answer that be void no damage can be intend to  be give for it say non allocatur for it be not matter insensible but  insufficient in law and judgement be arrest vide infra
clerk versus Molineux escape Danv ab p lev side keb in a action upon the case  for a escape against the sheriff of nottingham the defendant plead that during  the time the prisoner be in his custody he receive a writ of privilege from  the marquis of Newcastle recite that he be a justice of peace of the say  county and custos rotulorum and that the say prisoner be convene before the  justice at the quartersession and that by the law of England the prisoner  ought not to be molest to go Of persons during the time that he have cause  there depend and command the sheriff to dismiss he which the defendant accord  do to this plea the plaintiff demurrer and it seem a ill plea because the  justice can it cause a arrest person to be dismiss vide Browl Raymond sir t  Wilsons against the sheriff of London where the court hold that if a man be  arrest in the face of the court the court have power to discharge he but not  otherwise
clerk versus more mich W B R Carth S C in hearing complaint where the party be  in custody to know facias be the proper process otherwise venire and distress  infinite more lill more have judgement in debt against sir Richard clerk and  one beal and beal be take in execution and be set at large by the plaintiff  own consent hereupon sir Richard clerk sue a hearing complaint because to fear  against more pray he may also be discharge from the judgement c he sue out two  writ of to know facias and two nichils be return and he move for a supersedeas  rely on Leon but it be deny per cur for the process of to know facias be  improper where the suit be because to fear and the party at large the proper  process be venire and distress infinite but where the party be in execution  there he may either have a to know facias or a venire and   Ent be the only to  know facias on a matter in pais where the party be not in execution vide more  cro cro sand more pl Salkeld er p
clerk versus more mich will mark b r rot salk SC hearing complaint the process  thereon cro cro sand sir Robert clerk and Peter peel bring a hearing complaint  against more suggest that he more bad obtain a judgement against they for debt  and S d damage and that peel have be take in execution by virtue of a can sa  upon that judgement and afterward be suffer to escape and go at large by the  like judgement in c b between blewit c Vic London versus comley Trin will rot  Carthew er p consent of the say more who have again very late take out a new  execution on the same judgement against both the now plaintiff upon which they  pray to be relieve and likewise pray process against more and thereupon a  cognizant fa be award against he and after that a alias cognizant fa and after  two nichils return the plaintiff enter their prayer that the court will  proceed to examine the matter and that they may be discharge c and this cause  be put in the paper for a concilium the defendant more appear and by his  counsel inform the court that he have be surprise and have no notice of these  cognizant facias S and far insist that process of cognizant fa do not lie in  this case because the hearing complaint be not ground on any deed but upon a  mere suggestion of matter of fact only and therefore the process ought to be a  venire facias wherefore it be pray that the cognizant facias S may be quash  and after several debate it be quash for per curian such process do not lie in  this case et per curian where a hearing complaint be bring by a person actual  in execution or if at large and be find his writ upon some deed of the other  party in both these case a cognizant fa be the process but where this bring by  a person at large and upon a bare suggestion of matter of fact as in the  present Carthew case there the only process be a venire facias and upon that a  distress infinite
clerk versus mundal W m salk the defendant have a bill of exchange and be  indebt to the plaintiff endorse the bill to he afterward the plaintiff bring a  assumpsit against the defendant who plead non assumpsit and at the trial give  in evidence this bill of exchange endorse to the plaintiff and that it have be  so long in his hand after it become due and Payable and therefore he account  it as money pay holt CJ a bill without payment of money shall never go in  satisfaction of a precedent debt or contract holt KB if this not part of the  contract as if a sell good to b and it be agree between they that a shall have  a bill of exchange in satisfaction for the good in such case b be discharge  though the money shall never be pay for the bill itself be payment but  otherwise a bill shall never extinguish a precedent debt
clerk versus MUNDALL will at guildhall in person holt Ch just salk S c where a  bill endorse and not pay will not extinguish a precedent debt W r have a bill  of exchange and be indebt to t p endorses the bill to he afterward he bring a  assumpsit against W r and upon non assumpsit plead at the trial he give  evidence this bill of exchange endorse to the plaintiff and that it have be so  long in his hand after it become due and Payable and therefore he account it  as money pay but per holt Ch just a bill without payment of the money shall  never go in satisfaction of a precedent debt or contract if it be not part of  the contract that it shall be in satisfaction as if a sell good to b and it be  agree between they that a shall have a bill of exchange in satisfaction for  the good in such case b be discharge though the money shall never be pay  because the bill itself be payment but otherwise a bill shall never extinguish  a precedent contract or debt it be true if part of a bill of exchange be pay  it shall only be a discharge of so much of the old debt
clerk versus roland Trin W m B R there must be four day exclusive between the  day in bank and the sign of judgement Mod Mod salk ante upon a writ of inquiry  either on demurrer or judgement by default execute the last day of a term the  plaintiff may enter judgement the five day after and not before so where there  be a verdict there must be four day between the verdict and the judgement not  that in all case there can be a motion in arrest as in the principal case  where the verdict or inquest be the last day of the term but still there may  be a writ of error and this time be allow for these purpose and therefore  after verdict or writ of inquiry the course be for the plaintiff to give a  rule to enable he to enter his judgement nisi causan show sit in opposite  direction infra quatuor die and in the principal case execution be set aside  because it be sue out the four day after the term the writ of inquiry be  execute and return the last day
clerk versus smith hill will c b rot comens S c where the same estate be  devise to h which he will have take by dissent he be in by dissent  notwithstanding the possibility of a charge hob Vaugh side Mod case Lutw c n l  clift lev Ent law man lie post lev Plowd Owen more cro car cro et   Mod case  in ejectment on a special verdict the case be I S devise land to his daughter  son who be also his heir and to his heir upon condition that he shall pay to  such a person out of the say land as the wife of the devisor will appoint by  he deed the grandson enter and the wife make no appointment then the grandson  die seize leave a heir part of a mother under who the plain if claim and a  heir a part of a mother under who the defendant claim the question be whether  the grandson be in by dissent or in by Salkeld purchase under the will and it  be adjudge that he be in by dissent and not by purchase for the devise give he  the same estate the law will have give he under a possibility of be charge  which never happen b by consequence as the grandson take it as heir a part of  a mother he shall transmit it in the same manner to his heir a part of a  mother and Treby c j and Powell I deny gilpin case cro car vide Mod of Leon  cro et more Vau die hard roll Abr b whenever a devise give to the heir the  same estate in quality ils he will have by descent he shall take by the latter  which be the title most favour by law and mere charge the estate with debt and  legacy will not break the descent hark   light b n Allen v Heber Bl Rep burst  v earl of Winchelsea burr
clerk versus wither mich Ann see SC ld raym with note Mod Mod c f d as  administrator of I d recover against c upon a bind to his intestate upon  judgement by default in c b and sue out a be made fa test of Trin I Ann  returnable tres mich direct to the sheriff of London which be deliver to the  sheriff the first of August the same year who on the same first of August  seize good to the value f d the administrator die the that September follow  the sheriff return the seizure to the value send remanent c pro diminution  buyer the that of September the sheriff be remove and another put in the  plaintiff clerk now sue cognizant fa against the then sheriff for restitution  of his good and upon demurrer judgement against the plaintiff in the common  plea and writ of error the case have be twice solemnly argue at the bar the  court now seriatim affirm the judgement holt KB Trin W case W holt c j though  a writ of error be a supersedeas in it self yet after execution begin it shall  not binder it but the sheriff may go on and on a be made fac sell the good see  more under error and sheriff holt KB er p executor
clerk versus wood case hob Ven fac upon prescription for a way in diverse town  clerk bring a action upon the case against one wood alias warren and count  that he be seize of a house and twenty acre of land c in Thursfield and that  he and all those who estate he have have have a common in seven acre in  Thursfield and that he and all those c have have one way lead through the say  seven acre and from thence into one common way lead to Buntingford and from  Buntingford to Blakely and that the defendant have blow and turn up the seven  acre and estopped the way the defendant plead not guilty and the venire facias  award de Tursfield jknd it be move in arrest of judgement by sergeant Jones  that it ought to be from all the town through which he claim his way for he  ought to prove it in evidence videlicet that he have a way or otherwise he be  not endamnified but it be resolve that the trial be good for not guilty be  proper a denial of trespass and disturbance and though Hutton he ought to  prove title to the way yet it be sufficient if he prove title to the way by  and through the seven acre upon evidence and yet if the prescription have be  traverse then he ought to prove all the way and the trial shall be from every  town through which the way be plead to be extend quod vide e fol where it be  in two county and the venire facias shall be from both and the trya will shall  not be by nisi prius vide the case between Beyner and waterhouse above Hutton  er p mich James rot
clever and Jordon how far the court will not arrest a judgement  notwithstanding a defect in the join of the issue after a verdict sergeant  girdler move in arrest of judgement that in join the issue by the plaintiff in  his replication the Christian name of the defendant be repeat and the  Christian name of the plaintiff quite omit in the case of Cowper and Spencer  Michaelmas Geo he say the opinion of the whole court be that if the similiter  be omit that defect be not cure after a verdict by the statute of car that  case he say be put into the paper to be argue and Mr strange and himself be  both of counsel in it in the present case likewise he apprehend that this  defect be not cure by the statute because the defendant can not have demurrer  and show this for cause so that he submit it the defendant have no other way  to take advantage of the defect but this the chief justice say in Lord holt  time this very exception be overrule and so judge lee say it be in the case of  Rawborn and Hitchman pasch Geo and of probin and chapman mich Geo accord the  sergeant take nothing by his motion
clews vers Bathurst at nisi prius in mid sentence in a cause of marriage  conclusive evidence Ann S c action for malicious procure the plaintiff wife to  exhibit article of the peace against he and for live with her in adultery the  plaintiff prove a marriage by the parson and a woman and also the consummation  to encounter which the defendant produce a sentence of the consistory court of  London in a cause of jactitation of marriage bring by the woman against the  plaintiff wherein she be declare free from all contract and perpetual silence  impose upon the plaintiff which sentence be pronounce since issue join in this  cause and the chief justice rule this to be conclusive evidence till reverse  by appeal and the plaintiff be call and a few day afterward at guildhall in  another cause between
cli MEGOT and davies case assumpsit if the court may reverse their own  judgement Megot bring a action upon the case against Broughton and Davy upon  assumpsit and it be find by nisi prius for the plaintiff and afterward before  the day in bank Broughton die and after judgement give Davy the other  defendant bring a writ of error in the say court sure in the king bench where  judgement be give and assign a error in fact sure the death of Broughton  depend the writ vide r and this case be not like to trespass for trespass do  by many be several trespass but every assumpsit be joint and if the court upon  this matter may reverse their own judgement be the question the case be not  resolve but adjourn
cli pasch Elizabeth in the common plead a feoff b upon condition that if he  pay to the feoff his executor or assign within year next ensue that then it  shall be lawful for he and his heir to reenter the feoff have issue two son  who he make his executor and die before the day of payment the ordinary commit  letter of Administration to I S during the minority of the executor manwood  conceive that it be a most sure way for a to pay the money to the executor for  they remain executor notwithstanding the Administration commit to another for  the administrator in such case be but as bailiff or receivor to the executor  and shall be Accountable to they which Harper and dyer to go away and manwood  say if in this case the money be pay to one of the executor it be sufficient  and the same well pay but that conditional feoff be as a sum in gross and not  in nature of a debt which the rest of the justice grant Len Len hill car b r  goodyear and clark case
cli Stafford case attachment upon a prohibition the case be that the parson of  the church of b do libel in the ecclesiastical court for tithemilk of eight  cow depasture within such a field within his parish the defendant say that be  and all those c have use time out of mind c to pay every year a certain sum of  money to the parson c for the tithe of the same field which plea the judge of  the ecclesiastical court will not allow and therefore the party have now a  prohibition and a injunction against the judge doctor proctor c and afterward  the same parson libel again for the same tithe against the same parishioner  and in both libel there be no difference but that in the late libel it be for  a less number of cow and now the parishioner upon this matter pray a  attachment upon the prohibition which be grant unto he by the court for  otherwise a prohibition shall be grant to no purpose more pasch Elizabeth in  the common plead
cliff v turnor suit stay in the king bench because it be remove from London a  special certiorari to remove a cause out of London the plaintiff prove the  surmise of his bill the defendant begin suit in the king bench for the same  cause therefore stay by injunction cliff plaintiff turnor defendant year  Elizabeth
Clifford v Beeston Trin the course pursue when a certiorari cause be bring to  hear a certiorari bill to remove a cause out of the mayor court upon the cause  come on to be hear a question arise whether the bill in this dickens court  shall be first open after debate the bill in the mayor court be first open  then the answer to that bill and the counsel for the bill in the mayor court  state the case and proof and then the plaintiff in this court make their  defence
CLIFTON and CRESLEY Friday may collusion the plaintiff title in ejectment be  under the settlement of old sir gervas Clifton whereby he be tenant for life  the remainder to his son gervas under who judgement the defendant claim for  life the remainder to the first son of that son in tail and by fine of sir  gervas the son whereby he commit a forfeiture against which the defendant  except that the deed of use Keble of the fine be by agreement of all party the  father and son in remainder and gervas have contract debt before et per curian  though this be a forfeiture yet be in the family its a evidence of fraud and  be but a conveyance as the custom to forfeit copyhold in Wakefield also the  court agree that annual payment of l per annum for remainder for life of l per  annum be a valuable consideration and bath be often so rule and though it be a  great pennyworth yet here be a contingent that the remainder may die in the  life of the tenant for life and so the annuity be lose this be a sufficient  consideration be good fide to induce the make a late settlement
CLIFTON plaintiff against oat defendant prohibition to the spiritual court c  Ro Cr Ro Abr in a prohibition to the spiritual court in case of trial of the  validity of a lease coke chief justice the civil law will not allow of a lease  unless that it have tradition delivery and therefore the same be not to be try  there but they be to be prohibit because they will there draw the matter ad  other examen if a acquittance be there Bulstrode er p show they may try this  there but no feoff or lease wherein our law and their law do differ but there  they be to be prohibit here the one say there that he have a lease the other  say that he have another lease this be triable there but if they will go about  to try there the validity of lease for year they be to be prohibit dodderidge  justice the difference will be this where a temporal matter be the main thing  and where but accessarily a matter at the commonlaw come there in question  upon a matter there triable the original matter be mere spiritual and  accessarily a temporal matter happen in debate this be there tryable otherwise  it be where original the matter be not there triable there if they proceed  they be to be prohibit coke if one declare upon a lease make to he by a parson  who say he do not demise but sue he for tithe in the spiritual court this  matter of the lease be tryable there but here they be not to be suffer to try  there the validity of lease for that they hold a delivery to be make of lease  as well as of good or lse the same be not good where the one claim by virtue  of a former lease and the other by a Iatter this be triable here and not in  the spiritual court the difference before remember be to be agree in this case  a prohibition be grant per curian
CLIFTON v CLIFTON a woman coppyholder take a husband who commit waste this a  forfeiture of the wife estate it be resolve upon a case refer to the judge  that if a woman coppyholder take a husband who commit waste this be a  forfeiture of the wife estate after the death of the husband and that a  copyhold tenement be parcel of the manor grant by copy at a court hold for  another manor be void sir Jervis Clifton knight and George Clifton plaintiff  Elizabeth Basset widow defendant year Elizabeth
CLIFTON v orchard Clerk This case be take from atkins it correspond with the  same case in Lord hardwicke notebook Jan that atk issue direct by this court  to try a modus though establish in favour of the plaintiff by two verdict the  plaintiff entitle to his cost at law only and not in equity so sander v white  and Balliol college cite in Anderdon v Davies Gwill there have be two verdict  in this case in favour of the plaintiff in equity the modus be now establish  with the cost at law but none be give with regard to the proceed in equity for  the Lord chancellor say the suit in this court be mere for the security of the  plaintiff and to prevent any further impeachment of his right to a exemption  from the payment of tithe in specie and that this be like the case of a bill  bring to perpetuate testimony of west tempt Hardwicke witness wherein cost be  never give against the defendant that the plaintiff may have apply for a  prohibition and if he have succeed therein at law he will have have his cost  and he ought to have the same advantage with regard to the proceed at law  direct by this court but that there be no pretence for any other cost his  lordship decree that the modus find by the say verdict be establish and upon  the plaintiff pay the arrear thereof and continue the grow payment thereof to  the defendant the defendant be enjoin from proceed against the plaintiff for  the tithe in kind of those thing for which the say moduses be Payable and  order the defendant to pay cost to the plaintiff in respect to the proceed at  law to be tax but as to the cost in equity relate to the moduses his lordship  do not think fit to award any to be pay by either of the say party Reg lib a  foe
CLIFTON vers well S c Mod case for these word thou art a pocky whore and carry  the pox innuendo the French pox along with you upon not guilty plead verdict  for the plaintiff and last Michaelmas term sergeant hall move in arrest of  judgement that these word be not actionable because they shall be understand  only of the small pox and stay until c and now this term upon cause show by Mr  cheshire that the couple of these word pocky with whore demonstrate that the  defendant mean the French pox and therefore the be actionable like the case  where these word be hold actionable lev you have the pox and get it of a  yellow haired wench in Moorfield and all the court be of the same opinion and  judgement be give for the plaintiff
CLIFTON versus SWEZELAND mich I Ann Farresl here the defendant plead the  privilege of the common plea in abatement without conclude to the record to  which exception be make holt c j he need not do it but may leave the plaintiff  liberty to reply and deny his be a person privilege there which the plaintiff  can do if the defendant conclude to the record his not say prout to stand open  be no good cause of a general demurrer and upon the prout to stand open per  record shall go a certiorari to certify the record and if they produce one and  show he be privilege the plaintiff be estopped thereon
clii pasch Elizabeth in the common plead a seize of a manor lease the same for  year render rend with clause of reentry and afterward levy a fine sur conusans  de law to the use of himself and his heir the rend be demand be behind dyer a  can reenter for although in right the rend passes without attornment yet he be  without remedy for it be without attornment and it will be hard without  attornment to reenter c Leonard it be move further if here the conusor be  assignee within the statute of h manwood the reversion of a termor be grant by  fine there want privity for a action of debt waste and reentry but if the  conusee die without heir although that in right it be in the conusee yet the  lord by escheat shall make avowry and yet the conusee by who he claim can not  and in the case at bar the conusee himself can not but the conusor be  beneficiary and use who be in by the Act of law shall avow and shall reenter  without attornment for the conusor be in by the statute of h Harper the heir  of the conusee shall avow and reenter before attornment dyer h the father leas  for year render rend with clause of reentry the father demand the rend which  be not pay the father die the son can reenter for the rend do not belong unto  he and therefore in the case at bar the conusee can avow for the rend before  attornment therefore not reenter Inst
clii Samford and ware case ravishment of ware Samford bring a ravishment of  ware against ware and count that one a ancestor of the infant who heir be be  be seize of certain land in fee and hold the same of the bishop of Winchester  in socage and die his heir within the age of year and that the custody of the  infant do belong unto he as his prochein any by force of which he seize he and  be possess c the defendant say that the land be hold of he by knight service  without hoc that it be hold of the bishop of Winchester as the plaintiff have  count and upon that issue be join and it be move by segeant puckering on the  plaintiff part that the truth of the case be that all the land descend be hold  in socage and no part in knight service but that part of it be hold of another  in socage and pray the opinion of the court if that matter shall trench to the  issue as the same be join and the court be of opinion that it do not for if  all be hold in socage it be not material if part of it be hold of another so  as it be hold in socage Leonard er p pasch Elizabeth in the common plead
clii trin Elizabeth in the common plead office trove conveyance by the heir  upon entrusion it be find by office that I S hold by the queen and die without  heir whereas in truth he have a heir sure a S who lease the land for a hundred  year and afterward traverse the office and have a ouster Le main Le roy now  the matter be move in the common plea by Fenner in behalf of the sheriff of  London before who the matter depend to who it be say by Anderson chief justice  that where the king be entitle by a office to a chattel as to a wardship c  there if the heir without any intrusion bargain and sell levy a fine or lease  for year during the Leonard possession of the king it be void against the king  but shall bind the heir but where the king be entitle to the feesimple as in  this case such a conveyance be mere void hill Elizabeth in the king bench
cliii bedels case the case be that a lease to b certain land for per and and a  stranger covenant with a that b shall pay unto he the for the farm and  occupation of the say land a bring a action of covenant the defendant plead  that before the day of payment the plaintiff oust b of his farm it be move by  Godfrey that it be no plea because this be a collateral sum and not for rend  issue out of land also the defendant be a stranger to the contract for the  farm but the opinion of the court be to the contrary for the defendant have  covenant that the lessee shall pay for the say farm and occupation so it be as  a conditional covenant and here be quid pro quo and here the consideration  upon which the covenant be conceive sure the farm and the occupation of it be  take away by the act of the plaintiff himself Len Leonard er p pasch Elizabeth  in the king bench
cliii Samuel STARKEYS case a human being replegiando by Samuel Starkey to the  sheriff of London who return that the say Starkey be indict to be de mala  hunger deception domini king with diverse other general word and namely that  he have deceive I S a clothier and that he be a common cozener and thereof be  find guilty judgement be give by the mayor and recorder that he shall be  disfranchise of his freedom and shall be fine and imprison for a year and  further say that he have not pay his fine nor the year expire cook such return  have not be see and it be direct against the statute of great Charta Wray  chief justice give a rule that the sheriff shall make their return at their  peril before such a day Leonard er p hill Elizabeth in the king bench
cliii trin Elizabeth in the common plead it be enact by the statute of  Elizabeth cap that no person shall cut down any oak tree but between the first  day of April and the last day of June but timber employ and bestow in or about  building or reparation of house c and upon a information upon that statute the  defendant plead that he cut down the say oak tree and thereof make lath to he  bestow in building and that he have sell they to I S who have employ part of  they in building and be employ the residue in the same manner Windham the  intent of the defendant in cut down the oak be not to have they employ in  building but to sell they although it be not necessary for the satisfaction of  that statute that the oak present after the cut be employ about building for  if the lessee of a message who be to have houseboat see that his message will  want reparation cut down a tree for such intent although there be not such  urgent occasion at present that it ought to be present repair the same shall  not be say trespass for it be good husbandry to have such timber to be  seasonable which can be without some reasonable time between the cut down and  the employment periam if at the time of the cut the vendor or vendee have a  intent to employ they about building it be good enough and it be a strong case  here because the defendant employ the timber himself in lath which be not of  any use but for building and can be make but of timber Leonard er p Leonard  trin Elizabeth in the king bench
clinch and butler heir debt on obligation and upon riens per dissent special  verdict find Milborn seize in fee de salivan England a salt pan die and his  son enter and be seize and the defendant enter as heir by possession brother  and if this be asset per dissent for the plaintiff per curian h car rot it be  adjudge such heir by possession brother be Chargeable to debt of ancestor and  so per curian the defendant here and judgement for the plaintiff
CLIPSAM against morris a indebt to the plaintiff write a note to the defendant  to pay it who in consideration the plaintiff will forbear a fortnight promise  to pay he SC side sand vent Mod assumpsit that whereas a be indebt to the  plaintiff and write a note to the defendant to pay it to the plaintiff the  defendant on receipt of the note promise to the plaintiff that if he will  accept of his promise for a fortnight that he will pay it and aver that he  tarry a fortnight after verdict for the plaintiff it be move in arrest of  judgement that it be no consideration for the defendant be not the debtor nor  be the say a oblige to stay a fortnight whereto Twysden on the first motion  incline but Kelynge and Moreton on the contrary hold that it d id amount to a  agreement general to forbear not only for the plaintiff but also for a for a  fortnight but afterward in Hillary follow it be move again old woman a case  between Newcomb and lee in easter term rot in b r be cite to be the very case  in point the whole court hold it to be no consideration and give judgement for  the defendant
CLIPSAM and morris lev side postea keb the plaintiff in a assumpsit declare  that I S be indebt unto he in l give he a note direct to the defendant require  he to pay the plaintiff the say Ventris er p sum of l then he say that the  defendant upon view of the note in consideration that the plaintiff will  accept of his promise for money and stay a fortnight for the same he do assume  to pay he to which the defendant demurrer for the insufficiency of the  consideration it be nothing of trouble or prejudice to the plaintiff or  benefit to the defendant for he may sue his debtor in the mean time neither be  it allege that the defendant be indebt to I S but if it have be in  consideration that the plaintiff will accept of the defendant for his debtor  that may have be good for that be a imply discharge of the other who if he  have sue the defendant may have have a action roll and for this reason the  opinion of the court be against the plaintiff and this point be say to be  adjudge between newcomen and lee in this court Paschae rot Styl note in the  principal case here judgement be give for the defendant lev
cliv bear case formedon devise of land in gavelkind a formedon in the  discender be bring by Samuel bear James bear and John bear of land in  gavelkind and the warranty of their ancestor be plead against they in bar upon  which they be at issue Leonard if asset by dissent and it be find by special  verdict that Thomas father of the demandant be seize in fee of the land  suppose to be descend to the demandant be of the nature of gavelkind and  devise the same to the demandant be his heir by the custom and to their heir  equal to be divide among they and if the demandant shall be account to be in  of the land by descent or devise be the question for if by devise then they  shall not be asset Anderson let we consider the devise by it self without the  word equal to be divide among they and I conceive that they shall be in by the  devise for they be now jointtenants and the survivor shall have the whole  whereas if the land shall be hold in law to have descend they shall be  parceners and so as it be tenant in common and although the word subsequent  equal among they to be divide make they tenant in common yet that do not amend  the matter and so also be the opinion of Windham and Rhodes justice Owen die  cro more sty cro pasch Elizabeth in the king bench
cliv bushy and MILFEILDS case error in error bring by Bushby and Milfeild it  be assign for error that where in the first action the jury give four penny  cost and the court give de increment three and twenty shilling that in the  judgement the four penny be omit it be the opinion of the court that for that  cause the judgement shall be reverse although it be for the advantage of the  party so where the judgement be quod sit in pity where it ought to be to take  in hand hill Elizabeth in the common plead
cliv eve and FINCHS case Peter eve and John finch bring a action of trespass  against Nathaniel Tracy and Margaret his wife and upon the plead the case be  that John finch father of I f the plaintiff seize of the manor of saint  Katherine hold the same of the queen by knight service in chief and be also  seize of the land where the trespass be do be hold in socage and so seize June  Elizabeth for the preferment of the say Margaret then his wife feoff of the  say manor a and b unto the use of himself and the say Margaret and their heir  and that the say John the father have not any other land but that before  mention and that the say manor at the time of the say feoff and at the death  of the say John the father attingeba ad two part of all the land and tenement  of the say John the father in three part to be divide and afterward the father  by his will devise the land hold in socage unto his say wife for life with  diverse remainder over it be the opinion of the court in this case that the  devise be utter void by the statute pasch Elizabeth
cliv heal case heal a bencher of the Inner temple be at the bar Wyatt another  apprentice at law inform the court against the say heal and show that where  his client have obtain a judgement in the king bench the say heal be of  council with the other part do advice his client to bring the party who have  obtain the judgement into the chancery and he procure a order against he by  which he be cast into prison which matter heal can not excuse but submit  himself to the court say that he have see a precedent which induce he so to do  and that be the case of one Leonard prince where a judgement give in this  court be draw into question and examine in the chancery but the justice say  that the same be a ill precedent and against the statute of h which be that no  judgement be undo but by error or attaint   Inst Inst pasch Elizabeth in the  king bench
clix Willoughbys case William Willoughby and two other be indict that whereas  the parson of the church of d and all his predecessor have use to have common  in such a place the say Willoughby c way arms c have enclose it and the  enclosure be upon their own land it be move that upon this matter they ought  not to be indict but the party grieve be put to his action as where a  presentment be make of a seize see ass and it be the case of one Morden  Elizabeth upon the stop of a way upon his own land and it be say that if it  shall be upon the land of another it be not material for it be but a hindrance  from the take of common which can be way arms also it be say that the  indictment be record and certify as find before the justice of assize and  gaoldelivery and they can take such presentment and although the say justice  of assize and gaoldelivery be in rei in point of fact also justice of the  peace yet the indictment be record and certify to be take before they in  quality of justice of the peace will not help it for the court shall not  respect any authority but that which appear upon record and therefore for the  cause aforesaid they be discharge by the court cro Len cro Maddox case Leonard  er p Leonard hill Elizabeth in the king bench
CLIXBY against dinas defendant be sue by the name of finias Dinas he plead in  abatement that his name be Phineas and not Finis but both the plea and  affidavit to verify it be entitle in a Cause between Clixby plaintiff and  Finis Dinas defendant rule to show cause why the plea shall not be set aside  be make absolute Bootle for plaintiff agar for defendant
cloak and hooper covenant in action of covenant for quiet enjoyment breach be  assign by lease from the king to begin after the death of Arnobia c roll Hub  its aver Arnobia be dead but its not aver that the lessee enter nor the court  incline he need not for it may Keble be by bargain and sale c also its not say  that any of the three life of the first lease be in be which it be say he  shall but adjornatur
CLOBBERIES case Chan can postea in one Clobberies case it be hold that where  one bequeathe a sum of money to a woman at her age of year or day of marriage  to be pay unto her with interest and she die before either that the money  shall go to her executor and be so decree by my Lord chancellor finch but be  say if money be bequeathe to one at his age of year if he die before that age  the money be lose on the other side if money be give to one to be pay at the  age of year there if the party die before it shall go to the executor
CLOBERY versus bishop OF exon hill W m Carthew quare hinder in c b and at the  return of the summons the sheriff return that the bishop be summon and the  entry on record be that the bishop appear on the day per t S attorn suum quod  fecit see essoniri c to have they per essonium suum usque such a day ad who  they bishop comperuit and the plaintiff primo die plea drive out make default  and thereupon judgement of nonsuit be against the plaintiff upon a writ of  error bring the follow error among other be assign holt KB er p that there be  no idem die act of giving to the plaintiff upon this essoin and for that  reason this discontinue the court hold that this be a nonsuit before  appearance and therefore will be no bar in another action the judgement be  reverse for the error abovementioned
CLOBERY versus bishop OF exon the plaintiff cast a essoin and have a day till  such a day but do not say idem act of giving be to the defendant which be  error quare hinder in c b and at the return of the summons the sheriff return  that the bishop be summon and the entry on record be that the bishop appear on  the day per t S attorn suum quod fecit see essoniri c to have they per  essonium suum usque such a day ad who they bishop comperuit and the plaintiff  primo die plea drive out make default and thereupon judgement of nonsuit be  against the plaintiff and upon a writ of error bring the follow error be  assign first that this essoin be absurd because the defendant appear at the  same time and the nature of a essoin be to excuse a appearance Carthew that  there be no idem die act of giving to the plaintiff upon this essoin and for  that reason this discontinue that the plaintiff be demand primo die placid  whereas it ought to have be quarto die post for he be not demandable before  that time it be very true that a essoin after appearance be absurd but that  can be assign for error because this only dilatory and the grant a dilatory  when it ought not to be grant be no error but this otherwise to deny it when  this grantable see Beecher S case they all agree that there ought to have be  idem diem act of giving to the plaintiff and per holt chief justice that as to  the demand primo die plea the difference be thus that the defendant or tenant  be not demandable but upon the quarto die post but the plaintiff may be demand  primo die plea and for nonappearance may be nonsuit and the court hold that  this be a nonsuit before appearance and therefore will be no bar in another  action the judgement be reverse for the second error
clog S case in c b diversity between bill Payable to bearer or to order if a  bill be draw Payable to I S or bearer the bearer can bring the action but if  it be to I S or order the endorsee may and so resolve between Hodges and  steward in b r
clog versus bernard Trin Ann see SC ld raym with note salk holt CJ a common  carrier by custom or usage may lawful claim a reward and where a man carry  good be of a public employment as a carrier hoiman c be must answer for all  event except the act of God and the enemy of the king and this be a political  establishment for the safety of all person concern and who affair necessitate  they to intrust such carrier for by this mean all private combination between  they and highwayman and other robber be prevent which can easy be discover but  he hold if a bailiff or factor carry good and be rob he be not answerable to  the owner though he have a premium because this only a particular office and  private trust and he do the best he can as the nature of the thing put it in  his power to perform it certiorari
close and vaux ejectment how regulate judgement in ejectment and cost tax d  the lessee release the cost rule upon motion to be a undue practice and the  release void for per c I ejectment Comberbach er p be frame by the court to  save long proceed in real action the court have power to regulate all matter  that fall out in such feign action
clotworthy against clotworthy the case between Tenkely and clotworthy be cite  one grant a annuity for he and his heir to be pay annual at two usual feast  for year which be to begin hetley er p after the death of the grantor hetley  and it be agree by all Richardson be absent that that be a good grant and  charge the heir although it first commence upon he Yelverton say he charge  himself and the grant be for he and his heir and warranty which be so grant to  commence year after although the father die before the commencement of it yet  it bind the heir and so it be of a obligation to be pay year after quod  concession to be
clotworthy against Kingsland and other formedon against three two confess the  action the three plead jointtenancy with one of they only and traverse the  other have anything in the land this be good plead and a good dyer b er p  issue and demandant shall not have judgement against the other till the issue  be try a formedon be bring by one t clotworthy against three videlicet  Kingsland I clotworthy and I Eastchurch and king and I c appear by one  attorney and Eastchurch by another and king and I c confess the action  Eastchurch say that he hold on the day of the writ purchase joint with king  aforesaid without this that I c have anything in the land on the day of the  writ purchase and as to his moiety of the tenement aforesaid he vouch a  stranger summon in the county aforesaid by aid of the court and the demandant  maintain his writ videlicet that the three be jointtenants as the writ suppose  and this he pray may be inquire of by the country and the say Eastchurch do  the like and this be hold good plead and a good issue by the court and the  demandant not to pray judgement of any part till the issue be try easter term  Henry
clotworthy against Mellish June a plea and three insufficient answer whether  to be examine on interrogatory plea to part and demurrer to part the plea  overrule then the defendant answer and that be insufficient the put in another  answer and that report insufficient he put in a four answer if the first be  account one the Lord chancellor do not commit he to be examine on  interrogatory
clotworthy versus clotworthy amendment debt Simon clotworthy bring a action of  debt against John c cousin and heir of Bartholomew c and the imparlance roll  be quod cum preceding b pron  interrog  kinsman hres idem Johannes be  videlicet thread clotworthy brother proadicti b c and upon the plea roll upon  which judgement be give this space be perfect and judgement for the plaintiff  and now the defendant bring a writ of error and it be move to be amend and if  the imparlance roll shall be amend which be the foundation of the subsequent  roll be the question for it be common hold that the plea roll shall be amend  by the imparlance but not e turning I croak Hutton hill James rot
CLOUTHERS case between verdict and judgement in b r defendant confess a debt  to the king in the exchequer and be commit in execution to the fleet and  afterward be bring into b r by hab cor be commit to the marshal in execution  on both judgement the exchequer send another writ to have the body by  prerogative be if it must be obey one prosecute a action upon the case against  a merchant stranger in b r in custody of the marshal the defendant plead to  issue and the issue be find for the plaintiff with damage four hundred and  fifty pound in the interim between the verdict and judgement the defendant  acknowledge a debt of one hundred and sixtyseven pound to the queen in the  exchequer for which he be though the top of this leaf in all the edition be  mark hill yet the case which be the first of that term be not note but as I  find it note to this case in the old write hand in the edit of in the middle  temple library I have insert it here dyer b er p commit to the fleet in  execution after this judgement be give in b r upon the verdict and at the suit  of the mainpernors a habeas cornet be direct to the warden of the fleet who  certify the cause and bring the body into b r and there he be commit to the  marshal in execution for both execution and afterward dyer a writ be award out  of the exchequer to the marshal ad tabe??dUI corncobs by prerogative whether  he be bind to obey this writ or not quaere
CLOVILLS case h c ousts the cognizance of the city of Norwich in attaint as be  pass after their charter though that be afterward confirm general by Edward  Francis Clovill bring attain in c b of a false verdict give in Norwich upon  the statute h c against a citizen east Elizabeth rot Felton who have marry the  countess of Northumberland bring debt against Burrowg and she be name countess  in the writ and it be not abate in the Edit it be only W but in that of and  the subsequent it be Walter at length dyer b er p of Norwich upon a verdict  give in the court of the city there against he in a action upon the case and  cognizance of this plea be demand by reason of the charter of king Edward of  all plead of attaint and the charter be confirm by Edward and yet the  cognizance be deny for this form of writ of attain find on the say statute  must of necessity be bring in one of the two bench for the word of the statute  be that all attract hereafter to be take shall be take in the king bench or in  the common plead and in none other court note this Benloe report that it be  adjudge that the mayor of Norwich can have cognizance because this article in  their charter be grant to they by king Edward and their charter confirm by  general word only in the d year of Edward and there be not these word non  obstinate to some place to cause to stand and this attain be bring on the new  statute of h which be that no attaint shall be take but in one bench or the  other and there be no proviso for Norwich and also this statute be expire in  the of Edward and revive again by a new law in the of Edward and so this  statute be after their confirmation fol case fol pl
clowes vers brook a executor what the proper replication to a plea of infancy  in assumpsit andr S c in assumpsit for a farrier bill the defendant plead that  the testator be a infant the plaintiff reply that the demand be for look after  his horse and that the work be necessary for the horse and on demurrer the  court hold that the replication be ill for it shall have be only a general  replication that it be necessary for the infant and leave it to evidence where  the circumstance of his health and fortune will be consider vide Huggins v  wiseman Carth accord to the report in Andrews the re placation may have be  that the physic c be for the horse of the defendant keep by he for his  necessary use see Com dig pleader W and though the work may be necessary for  the horse yet non constat the horse be necessary for the infant judgment pro  to ward off
clud and LEGINGHAM copyhold Polyxphen pray leave to imparlance in avowry for  service unless the copyhold tenant will give two year purchase to enfranchise  which be do because the tenant have set up a custom to lease for year without  licence whereby the copyholder become enfranchise per curian grant unless he  accept what Mr Livesy tax for damage Keble er p
Clutterbuck and lord huntingdon guardian on record not I call the defendant  guardian upon record and chief justice king will not allow he vide Hopkins v  neal et all post pale yellow law of eved Edward S p so note a authority on  both side of the question
clv Bingham and squire case obligation Bingham bring debt upon a obligation  against squire the condition be if squire do procure a grant of the next  avoidance of the archdeaconry of Stafford to be make to the say Bingham so as  the say Bingham at the say next avoidance may present that then c the case be  that afterward by the mean and endeavour of squire the grant of the next  avoidance be make to Bingham but before the next avoidance the present  archdeacon be create a bishop so as the presentment of that avoidance belong  to Leonard the queen it be adjudge in this case that the condition be not  perform and that by reason of these word sure so that Bingham may present and  afterward judgement be give that the plaintiff shall recover Leon hill  Elizabeth in the common plead
clv brett and PEAGRIMS case in a action upon the case the plaintiff declare  that whereas he himself and the defendant submit themselves to the award of a  b and c d and whereas the say arbitrator upon the bear of the cause between  they do intend and be resolve among other matter of their award to award that  two obligation by which the plaintiff be several bind to the defendant for the  payment of certain sum of money to the defendant shall be deliver by the  defendant to the plaintiff to be cancel the defendant promise in consideration  that that article of the delivery of the say two obligation shall be leave out  of the award that he himself will gratis deliver they to the plaintiff without  any coercion or direction of the award and further declare that the say  article ad not general earnestness Self to express grief be leave out by the  say arbitrator out of their award and notwithstanding that that the defendant  have not redeliver ut above c but have put the same in suit against the  plaintiff in this case upon the matter ut above c it be adjudge for the  plaintiff Leonard pasch Elizabeth in the king bench
clv grey and constable case sir Thomas grey covenant with the lady constable  that where he be possess of a lease for twenty one year of certain land that  he will assure convey and assign the say lease to one Nevil except the two  last year of the say twenty one year and be say sir though grey be bind in a  bind to perform the covenant of the say indenture upon which indenture the  lady bring debt against the say sir though grey who plead the condition and  the performance of they the plaintiff to fold back say that the defendant non  assuravit conveiavit transposuit England set over the say lease upon which  they be at issue and at the day of the nisi prius it be move by Cooper and  Beaumont that the issue be misjoined for the defendant plead as the covenant  it self be that he have assure convey and assign the lease and so plead the  performance of other covenant c the plaintiff assign the breach in this quod  non assuravit conveiavit transposuit England set over which word transposuit  be not in the covenant nor in the plead of the performance thereof and the  English word set over although it sound the same with assign do not help the  matter and if the Latin word do not agree with the matter non refert of the  English word although in the plea there be this word England set over note the  covenant be ut above the plaintiff assign the breach quod non assuravit  conveiavit transposuit England set over c and the defendant lead quod  assuravit conveiavit transposuit England set over c and the court be clear of  opinion that the issue for that cause be not well join and afterward by the  assent of the party it be amend pasch Elizabeth in the king bench
clv nash and Edward case devise in a ejection strong by Nash against Edward it  be find by special verdict that one Dover ancestor of the plaintiff who heir  he be be seize of certain land hold in socage devise the same by word to his  three sister and a stranger be present recite to the devisor the say word of  his will and he do affirm they and afterward the say stranger put the say word  in write for his own remembrance but do not read they to the devisor who  afterward die and it be move if this devise be reduce in write modus form be  good or not spurling conceive that not for the statute intend a will in write  but not such write as be here without privity or direction of the devisor and  it be not like to the case of brown and Sackvil e dyer for the note be write  by the commandment of the devisor but here it do not appear that the meaning  of the devisor be that the devise shall be put in write and devise in law be  favour as the case in the chancery be that sir Richard pexhal devise certain  land to his wife and the scrivener insert of his own bead a condition sure  that she shall be chase which be disallow by the devisor himself for which  after his death the condition although it be put in write be void and by the  whole court the devise be void and by Wray if he appoint a to write his will  and it be write by b it be void but if after he have write the will if he have  read it to the devisor and he have confirm it it have be a good will which  gawdy grant and afterward judgement be give that the plaintiff shall recover  cro Len Len Leonard er p trin Elizabeth rot in the king bench
clvi DOGHEADS case a information be upon the statute of Elizabeth cap by the  party grieve which statute give unto the king one moiety of the value and the  other moiety to the party grieve the plaintiff be non suit it be hold by the  court that he shall not pay cost and damage by the statute of Elizabeth for  the statute as the title of the same do imply be to redress disorder in common  informer and so be the preamble and the word also of the clause of cost and  damage be every such informer and so by I have secondary of the crown office a  action give to the party grieve be not a popular action and the statute of  Elizabeth extend only to popular action hut hob before cro and Leonard er p  Leonard pasch Elizabeth in the king bench
clvi niche lees case Nich lee by his will devise his land to W his second son  and if he do depart this world not have issue then I will my soninlaw shall  sell my land the devisor at the time of the devise have six soninlaw die W  have issue John and die John die without issue lone of the soninlaw of the  devisor die the five survive soninlaw sell the land it be clear agree by the  whole court that although the word of the will be ut above if W my son depart  this world not have issue c and that W have issue which die without issue  there although it can be say liberal that William do depart this world not  have issue yet the intent of the devisor be not to be restrain to the letter  but construction shall be make that whensoever W die in law upon the matter  without issue the same land shall be subject to sale accord to the authority  commit by the devisor to his soninlaw and now upon the matter W be dead  without issue as in a formedon in the reverter or remainder although the donee  in tail have issue vet if afterward the estate tail be spend the writ shall  suppose that the donee die without issue a strong in the case of a devise such  construction shall be make as to the other point concern the sale of the land  Wray demand if the son Leonard er p inlaw be name in the will the clerk answer  they be not see oh h Br devise and ass Fitzherbert title executor such a sale  be good in case of executor see also Elizabeth dyer and see and mark dyer land  devise in tail and if the devisee shall die without issue that then the land  shall be sell pro optimo valour by his executor One cum assent of a if a die  before sale the power of the executor be determine and afterward it be clear  resolve by the whole court that the sale by the manner aforesaid be good and  judgement give accord cro Len Inst dyer a Len trin Elizabeth in the king bench
clvii cony and CHOMLEYS case in a ejection strong after verdict in arrest of  judgement it be move that the plaintiff have declare in ejection strong quod  cum robertus diggon per indenturam svan gerent that maii to send different  ways c where he ought to have say the same die year for although the indenture  bear date ut above yet it many be that it be deliver at another day and then  it do begin to be a demise a d if in a action upon the case upon assumpsit to  pay money upon request although it be find for the plaintiff yet if no day be  put in the declaration when the request be make but only although often  require in case where a request ought to be make there the plaintiff shall not  have judgement as it have be oftentimes adjudge quod all men justice to go  away but yet afterward notwithstanding the objection aforesaid judgement be  give for the plaintiff cro mich and Elizabeth in the common plead
clvii rag and BOWLEYS case error be bring upon a fine and the error be assign  in the proclamation whereupon issue a certiorari to the custos narrow places  who certify the proclamation by which certificate it appear that two of the  say proclamation be make in one day upon which the defendant pray another to  know facias to the chirographer in who office it appear that all the  proclamation be well and duly make it be the opinion Leonard of Wray chief  justice in this case that the defendant ought to have his preyer for the  chirographer make the proclamation and he be the principal officer as to they  and the custos narrow places have but the abstract of the proclamation and we  may in discretion amend they upon the matter appear but the other justice seem  to be of a contrary opinion for that the proclamation be once certify by the  custos narrow places who be the principal officer we ought not afterward to  resort to the chirographer who be the inferior officer and afterward the clerk  of the common plea be examine of the matter aforesaid by the justice of the  king bench and they answer accord to that which be say by Wray chief justice  wherefore it be award by the court that a new certiorari be direct to the  chirographer who certify the proclamation to be well and duly make and  thereupon the court award that the proclamation in the office of the custos  narrow places shall be amend accord to the proclamation in the custody and the  office of the chirographer note in the same case before the writ bring a  stranger have bring a writ of error against the same defendant upon the same  fine upon which the transcript of the fine and proclamation be remove in banc  and after the plaintiff be nonsuit now another who have cause may have a writ  of error quod in person thou to sit back trin Elizabeth in the king bench
clviii marsh and Jones case in a replevin the case upon the evidence be that  before the statute of because buyer the earth a man make a feoff in fee to  hold of he by the service to loosen post however freedom sive transference of  ownership the value of the annual profit of the land and it be hold by the  court that the value shall be intend such a value as be the value at the time  of the feoff make and not as it be improve by succession of time Len mich and  Elizabeth in the king bench
clx collet and ROBSTONS case error collet and Andrews recover in a writ of  account against Robston hill Elizabeth rot and now Robston bring a writ of  error and assign for error that whereas the say writ of account be bring  against the say defendant as receiver of money for to render account when ad  hoc require to be the say writ ought to have be more special but the opinion  of the court be that the writ in his general be hold good and so it be adjudge  in the case of one Gomersal sure quod To give back ei the pure milk of reason  computation suum de tempore quo to be receptor containing ten each Self a  another error be assign that the jury have assess damage which ought not to be  give in a action upon account which see r acco and if but see the book of  entry foe in a writ of account against one as receivor to account render  damage be give for if my bailiff by employ of my money whereof he be the  receivor may have procure to I profit and gain but he neglect it be shall be  Chargeable to I in right and shall answer for it and here in our case damage  shall u give and afterward notwithstanding all objection make to the contrary  the judgement give before be affirm Len Leon hill Elizabeth in the king bench
clx the bishop OF bristols case note it be hold by manwood chief baron in this  case that if a lease be make for year render rend with clause of distress and  afterward the rend and reversion be extend upon a statute or seize into the  king hand for debt if the lessee pay the rend accord to the extent the same be  not in any danger of the condition for that now the lessee be compellable to  pay it accord to the extent cro more Rep
clxi hill Elizabeth in the exchequer the queen by her letter patent grant to I  S catalla utlagatorum felon de see within such a precinct one who be indebt  unto the queen be felon de see within the precinct it be the opinion of all  the baron and so rule that notwithstanding the grant by the say letter patent  that the queen shall have the good for to satisfy her debt more Rep pasch  Elizabeth in the king bench
clxi Stretton and tailor case information upon the statute of usury retraxit  by the queen attorney shall not bind the informer Stretton do inform against  tailor upon the statute of usury who sequitur tam pro owner queen how pro he  himself and the queen attorney enter upon it c non vult attendance and that be  plead in bar against the informer for the whole and by Wray the same be not  any bar to the informer but Popham the attorneygeneral say that by the favour  of the court he will maintain the authority of his place which his predecessor  have enjoy for he say it can be find by any record in this court common plea  or the exchequer that the informer have proceed where the attorneygeneral have  make such a entry for we have not use to do it without great consideration for  if the informer have cease to prosecute the suit two or three term then we use  to enter a non vult attendance for it be not reason that the subject shall be  molest or attendant so long without just cause and it be not against law that  in personal suit the act of one shall prejudice the other and the queen be the  principal party in this suit for the replication shall be make in the name of  the queen only and not of the informer and afterward by award of the court it  be rule that that entry by the attorney be not any bar quoad the informer so  if the queen be nonsuit so the nonsuit of the informer be no bar against the  queen and Wray say that such be the options of Anderson and gawdy justice c  cro trin Elizabeth in the king bench intrat hill Elizabeth rot
clxi YATESS case a writ of error be bring by Yates and other upon a judgement  give in a writ of partition and it be assign for error that the writ of  partition be not sufficient for it be there set forth that the plaintiff  accuse pro undivided tenent cum to ward off c and do not show of what estate  or who inheritance see f n b and a accuse pro undivided tenent de heir who to  be a matris of the plaintiff and the defendant and yet see f n b a a writ of  partition betwixt strange person without name heir in the writ and see also  that a partition of land in London without show of what estate see register  Elizabeth in a partition by Courtney against Polewheel no estate show in the  writ so betwixt finch and Firrel and betwixt fry and drake Elizabeth Devon  Elizabeth betwixt the Lord Cheney and bell and mich and Ph and man rot it be  hold that it be not necessary in such a writ to show the estate and such also  be the opinion of the court in the principal case but tenant in common ought  to show it in the count and the judgement give be affirm Len cro mich and  Elizabeth in the king bench
clxii Philip and stone case in debt upon a obligation the defendant plead the  statute of h upon which this special matter be find that one I S have  heretofore recover against he in a action of debt and upon the capias ad  satisfaciend he be take and commit to the plaintiff who wag gaoler c to the  sheriff and so be in execution Leonard he escape and afterward he be retake by  the plaintiff and keep in prison and so be in prison make the bind upon which  the action be bring it be say by the court that if a prisoner be in execution  escape with the permission of the gaoler the execution be utter go and  extinguish and the plaintiff at who suit he be take in execution shall never  resort to he who escape but shall hold himself to the gaoler for his remedy  but if such a prisoner escape of his own wrong Leonard er p without the  privity or consent of the gaoler the gaoler may well take he again for his  indemnity until the plaintiff have determine his election whether he will have  his remedy against the gaoler or that he will maintain his execution h and but  as unto the statute of h the court be of opinion that situation that the party  who escape can be take again yet be take the bind which be take multicolored  duty be within the say statute because the party be retake multicolored  performance and so the bind be void mich and Elizabeth in the king bench
clxii TUKER and NORTONS case the case be a infant be in execution upon she  condemnation in debt bring a writ of error his father and his brother be his  bail it be the opinion of the justice that they two only shall enter into the  recognizance that the enfant shall appear and that if the judgement be affirm  that they shall pay the money and not that they shall render the body of the  enfant again to prison for that when once he be discharge of the execution he  shall never be in execution again Leonard mich Elizabeth in the common plead
clxiii GERINGS case in debt upon a obligation against one as executor the case  be that the testator of a by his will appoint certain land and name which  shall be sell by his executor and the money thereof come to be distribute  betwixt his daughter when they have accomplish the age of one and twenty year  the land be sell and if the money thereof be in the hand of the executor until  the full age of the daughter shall be asset to pay the debt of the testator be  the question and it be the opinion of the whole court that the say money shall  not be asset for they say that that money be limit to a special use quaere of  this case for I have hear that it be afterward resolve in another case that  the money in the like case remain in their hand shall be asset Len mich and  Elizabeth in the common plead
clxiii marsh and Jones case in a replevin the case upon the evidence be that  before the statute of because buyer the earth a man make a feoff in fee to  hold of he by the service solvend post however freedom sive transference of  ownership the value of the annual profit of the land c it be hold by the court  that value shall be intend which at the time of the feoff be the value and not  as it be now improve by success of time Len mich Elizabeth in the common plead
clxiii Piers and LEVERSUCHS case in ejection strong it be find b special  verdict that one Robert Leversuch grandfather of the defendant be tenant in  tail of certain land whereof c and make a lease for year to one pur who assign  it over to p father of the plaintiff Robert Leversuch Leonard er p die W his  son and heir enter upon p who reenter W demise without other word the land to  the say p for life the remainder to Joan his wife for life the remainder to  the son of p for life with warranty and make a fetter of attorney therein to  enter and deliver seize accord p die before that the livery be execute and  afterward the attorney make livery to Joan W die Edward his son and heir enter  upon the wife she reenter and lease to the plaintiff who upon a ouster bring  the action heal when p enter upon W Leversuch the issue in tail he be a seize  and by his death the land descend to his heir the entry of W Leversuch the  issue in tail be take away cook contrary p by his entry be not a seize but at  the election of W for when p accept such a deed from W it appear that his  intent be not to enter as a seize and it be not find that the say p have any  son and heir at the time of his death and if not then no descent and there be  not any seize find that p to drive out Leversuch out of the land and judgement  be give against the plaintiff and cook cite a case which be adjudge in the  common plea and it be the case of shipwith grandfather tenant in tail father  and son the grandfather die the father enter and pay the rend to the lessor  and die in possession and adjudge that it be not any descent for the pay of  the rend do explain by what title he enter and so he shall not be seize but at  the election of another cro Leonard trin Elizabeth in the king bench
clxiii spring and LAWSONS case one recover in a ejection strong and afterward  the defendant make a new lease for year and be who recover oust he and he  bring a ejection strong and the other plead the former recovery it be hold a  good bar by all the Leonard er p justice but Windham and periam and by they  the same be no estoppel for the conclusion shall be judgement if action and  not judgement if he shall be answer and although that it be a action personal  and in the nature of a trespass yet the judgement be quod to have possession  termini Himself during which term the judgement be in force it be not reason  that he shall be oust by he against who he recover for so suit shall be  infinite and by Rhodes a entry pendent the writ shall abate it
clxiv davies and Percy case between Margaret Davies and one pierce the case be  that one Anth pierce upon speech of a marriage to he have betwixt the say  Anthony and the mother of Margaret covenant by indenture with certain friend  of the mother to pay to all the daughter of the mother a piece at their  several age of four and twenty ear and to perform the covenant be bind to the  say friend in a obligation Anthony pierce make his will and will that his  executor shall pay to each of the daughter at their several age of four and  twenty year in discharge of the say covenant and die now the say Margaret sue  the executor in the spiritual court for the bequeathe to her and upon this  matter the executor pray a prohibition and by the Lord Anderson a prohibition  will lie for here be no legacy but the will refer to the covenant and be in  discharge of the covenant as if a be indebt to b in and if a by his will will  that his executor shall pay to the say b in discharge of the say debt the same  be not any legacy but a declaration that the intent of a be that the debt  shall be pay periam justice be of the same opinion as the Lord Anderson and  Anderson say if a legacy he bequeathe to I and the executor covenant to pay  Leonard I the say legacy and afterward I sue the executor in the spiritual  court he shall have a prohibition quod the other justice to say no see f n b  Br if the testator by his will charge his executor to pay his debt and his  creditor they not pay they and the creditor sue they in the spiritual court  they shall not have a prohibition which Anderson vehemently to say no and  afterward the justice look and advice upon the indenture and find that the  indenture and obligation be make to the friend of the mother of the daughter  and not to the daughter themselves to who the legacy be give and bequeathe and  therefore be of opinion that a prohibition do not lie roll goldb vide Prohib  Leonard er p hill Elizabeth in the common plead rot
clxiv hill Elizabeth in the king bench a action of covenant be bring against  one who have be his apprentice the defendant plead that he be within age the  plaintiff maintain his action by the custom of London where one by covenant  may bind himself within age exception be take to it that that be a departure  for r a infant bring a action against his Leonard guardian in socage who plead  that the plaintiff be within age the plaintiff do maintain his declaration  that by the custom of such a place a infant of year may bring account against  his guardian in soccage and it be there hold to be no departure Wray chief  justice be of opinion that I be no departure for he say it shall be frivolous  to show the whole matter in his declaration videlicet that he be a infant and  that by the custom he may make a covenant which shall bind he but quaere of  the matter and of his opinion for that many learned lawyer doubt much of it  and vide the case in r of the guardian in soccage mich Elizabeth in the king  bench
clxiv Severn and clerk case agreement recital the case be that a by his deed  poll recite that whereas he be possess of certain land for year of a certain  term by good and lawful conveyance he assign the same to I S with diverse  covenant article and agreement in the say deed contain which be or ought to be  perform on his part it be move if this recital whereas he be be a article or  agreement within the meaning of the condition of the say obligation which be  give to perform c gawdy conceive that it be a agreement for in such case I  agree that I be possess of it for every thing contain in the deed be a  agreement and not only that which I be bind to perform as if I recite by my  deed that I be possess of such a interest in certain land and assign it over  by the same deed and thereby covenant to perform all agreement in the deed if  I be not possess of such interest the covenant be break and it be move if that  recital be within these word of the condition which be or ought to be perform  on my part and some be of opinion that it be not within those word for that  extend only in going to be but this recital be of a thing pass or at the least  present Clench recital of it self be nothing but be join and consider with the  rest of the deed it be material as here for against this recital he can say  that he have not any thing in the term and at the length it be clear resolve  that if the party have not that interest by a good and lawful conveyance the  obligation be forfeit cro Yel trin Elizabeth in the king bench
clxix English and PELLITARY and smith case assault and battery in a action of  trespass of assault and battery and wound the defendant say that they be  lessee of certain land and the plaintiff come to the say land and take certain  post which be upon the land and they gentle take they from he S plead that he  find the plaintiff and p contend for the say post and be to part they soften  put his hand upon the plaintiff which be the same c the plaintiff reply de in  an unjust manner nest not common with others without tali causan per Self p S  instigation upon which issue be join which be find for the plaintiff it be  move in arrest of judgement that here be not any issue for the plaintiff ought  several to reply to both plead aforesaid for here be several cause of  justification and his replication without tali causan do not answer to both  cook this word causan be nomen proceeding by inference which may be refer to  every cause by the defendant allege reddendo one one and their justification  be but one matter and the defendant may have all join in one plea Wray both  plead depend upon one matter but be several cause for two justify by reason of  their interest and the three for the preservation of the peace and by he and  the whole court although it be not a good form of plead yet by reasonable  construction this word Leonard er p cause shall be refer to every cause and so  the plead shall be maintain and afterward judgement be give against the  plaintiff cro post die trin Elizabeth in the king bench intrat hill rot or
clxix the bishop OF place for seal or signature case tenor the case of the  bishop of l the king Lord mesne and tenant the mesnalty be hold in chief and  the tenancy by knight service the manor escheat by attainder if the tenancy  shall be hold in chief be the question manwood it have be hold that no tenure  in capite may be if not by the creation of the king and be say that if before  the statute of Westminster the king tenant in capite have make a feoff to hold  of he so as dow there be lord mesne and tenant and afterward the mesnalty come  to the crown by attainder c if by the come of the mesnalty to the crown the  seignory paramount be extinct then the tenancy be not hold in capite but they  have take a difference where the mesnalty come to the seignory and where the  seignory come to the mesnalty but he say it be a good case Leonard er p  Elizabeth in the exchequer
clxv page and JOURDENS case a general entry amount to a seize in trespass  betwixt page and Jourden the case be a woman tenant in tail take a husband who  make a feoff in fee and die the wife without any entry make Leonard er p a  lease for year it be move that the make of this lease be a entry in law as if  a make a lease for year of the land of b who enter by force of that lease now  the lessor without any entry be a seize and it be resolve that by that lease  the freehold be not reduce without a entry trin Elizabeth in the king bench
clxv savage and knight case error be bring upon a judgement give in Leicester  in debt Tanfeild assign error because in that suit there be not any plaint for  in all inferior court the plaint be as the original at the commonlaw and  without it no process can issue forth and here upon this record nothing be  enter but only that the defendant summon to be c and because the first entry  ought to be a b to express grief versus c Clench a plaint ought to be before  any process issue and the summons which be enter here be not a plaint and for  that cause the judgement be reverse it be say that after the defendant appear  a plaint be enter but it be answer that that do not help the matter for there  ought to be a plaint out of which process shall issue as in the sovereign  court out of the original writ Elizabeth in the common plead
clxvi Griffith and AGARDS case in disceit by Griffith against agard and his  wife for that a fine be levy of a message be ancient demesne by which it  become frankfee and the fine be levy in the life of a Griffith grandfather of  the plaintiff exception be take to the writ because it be bring by the  plaintiff as cousin and heir of a g his grandfather and in the beginning of  the writ the word be si Henry Griffith to make be ax without say cousin and  heir of a g to make ten ax but the exception be not allow for afterward in the  writ these word be pron  interrog  haeres ipse be see the register that it be  sufficient if there be in the body of the writ these word pron  interrog   haeres ipse be another exception be take to the declaration in that it be  allege that the land be de antiquity of owner queen England whereas it ought  to have be de antiquity of Leonard owner coronae of oneself c the opinion of  the court be that it be good both way see book entry antiquity dominco coronae  de antiquity of domini king Len mich Elizabeth in the king bench
clxvi grindal bishop OF yorks case grindal archbishop of York make a lease for  one and twenty year another lease for year of the same land be in be not  expire by four year and die and in time of vacation the dean and chapter  confirm it Clench it be a good confirmation a bishop make a lease for year  reserve the ancient rend but where it be Payable at four feast of the year it  be now reserve Payable once in the year the same be within the letter of the  statute but not within the intent the same law if the rend before be usual  reserve to be pay upon the land now it be reserve to be pay at any far remote  place and he say that although his lease be in possession yet not to take  effect before the four year of the former lease be expire Leonard can be say a  estate within the statute of Elizabeth whereby any estate may pass before the  commencement of it for he to who it be make have but a right to have the land  and he can not surrender and he hold that the second lessee shall pay Leonard  er p the rend as well by the contract as by the estoppel periam at the  commonlaw a bishop with the confirmation of the dean and chapter may have make  a feoff gift in tail and a lease for any term of year and he speak much what  shall be say the possession of a bishop and therefore if a bishop disseize  another of certain land and make a lease thereof under the seal of his  bishopric it shall be now his seal and it shall be his election in what  capacity be will take and then this land be to be repute parcel of the  possession of his bishopric mich Elizabeth in the common plead
clxvi grove and SPARRES case a action of trespass be bring by grove against  spar process continue until spar be outlaw and now it be move unto the court  to avoid the outlawry that the original writ and all the judicial process  thereupon be direct viscount uvigorn and in the filazars roll in the margin be  write Hereford and in the body of the say roll be write et prediction grove to  bring before see quarto die post et sheriff modus mandat quod prediction spar  non be invention c therefore teaching be viciecom c and at the capias return  it be enter in the roll as before Hereford whereas the capias be direct  viscount uvigorn as of right it ought to be and the roll be peruse by the  court and it be ut above and that without any suspicion of rasure for which  the court give day to the queen sergeant to advice themselves to maintain the  outlawry and the defendant council pray that a to think over be make in what  estate the roll now be for doubt of amendment by way of rasure or otherwise  which be rant by the court Leonard mich Elizabeth in the exchequer
clxvi HAVITHLOME and HARVIES case action upon the statute of Elizabeth cap  Havithlome bring a action upon the statute of Elizabeth cap against harvey and  his wife for the penalty of To give back give by the say statute against he  who be serve with process ad to make a witness c and do not appear not have  any impediment c and show that process be serve upon the defendant wife and  sufficient charge have regard to her degree and the distance of the place c  tender to her and yet she do not appear and it be find for the plaintiff it be  move in arrest of judgement that the declaration be not good because the  plaintiff in set forth that he be damage for the not appearance of the wife  accord to the process have not show how damnified also it be move that a feme  Leonard covert be not within the say statute for no mention be make of a feme  covert and therefore upon the statute of west cap if a feme covert fail of her  record she shall not be hold disseizseress not imprison also here the  declaration be that the plaintiff tender the charge to the wife where he ought  to have tender the same to the husband to these three exception it be answer  that although the party be not at all damnified yet the penalty be forfeit  feme covert be within the say statute otherwise it shall be a great mischief  for it may be that she may be the only witness and feme covert if they have  not be express except have be within the statute of h of fine the wife ought  to appear therefore the tender ought to be to her and afterward judgement be  give for the plaintiff cro cro Goodwin vers west pasch Elizabeth in the king  bench
clxvii BASHPOOLS case the case be the father be seize of land in fee and bind  himself in a obligation and devise his land unto his wife until his son shall  come to the age of year the remainder to his son in fee and die and no other  land descend or come to the son from the father it be move by Godfrey that the  heir in this case may elect to waive the devise and to take the land by  descent see e by Needham but it be the opinion of gawdy and shoot justice that  the son shall be adjudge in by descent and so bind with the debt Len style Rep  mich Elizabeth in the king bench
clxvii DELLABY and hassels case assumpsit in a action upon the case the  plaintiff declare that the defendant in consideration that he have retain the  plaintiff to go from London to parish to merchandise diverse good to the  profit of the defendant promise to give to he so much as shall content he and  also to give he all and every sum of money which he shall expend there in his  affair and further declare that he be content to have twenty pound for his  labour which the defendant refuse to pay and exception be take to the  declaration because there be not set down any place or time of the  notification of his contentment for the same be traversable gawdy the issue  here be non assumpsit and therefore that matter be out of the book cook if one  assume to pay twenty pound to another upon request although the defendant  plead non assumpsit yet if the place and time of request be not show judgement  many time have be stay for no action without a request so here without  notification of his contentment no action therefore he ought to show it gawdy  the ground of this action be the assumpsit but that can be certain without  declaration and thereof notice ought to be give to make certainty of the duty  but not to enforce the promise but in our case without a request assumpsit  will not lie but here it be but conveyance the certainty of the time and place  be not necessary to be show but the general form shall serve Leonard er p for  it be but inducement as if a man will plead a devise of good to he and assent  of the executor to take they he need not to show the time and place of the  assent gawdy at another day say that judgement ought to be give for the  plaintiff the assumpsit be the ground and cause of the action and the show of  the contentment be only to reduce the action to certainty and judgement be  give for the plaintiff cro trin Elizabeth in the king bench
clxvii ho and hoe case John ho bring a writ of intrusion against Richard ho  depend which writ the demandant pray estrepement and have it and declare upon  it sure that the tenant after the prohibition fecit empty estrepementum in  prosternend c to which the tenant plead not guilty but the plea be not allow  by the court for there be no issue in this case but he ought to plead quod non  fecit empty c after the prohibition Elizabeth in the common plead
clxvii RUSHTONS case see this case vouch in c part in palmer case Rushton be  indebt to the queen in mark upon which issue a extent against he out of the  exchequer to levy the say sum to the sheriff of Suffolk and it be find by  inquisition that Rushton June Elizabeth be possess of a lease for the term  quorundam a year thus far venturor and the debt of the queen do begin fever  Elizabeth exception be take to this office because that the term be not  certain find but general quorundam a year and it be say by coke that the  office be good notwithstanding that exception for the and en be a stranger to  the lease and therefore ought not to be force to find the precise certainty  which see in partridge case in blow the defendant have make a lease pro  boundary quorundam a year contra form to cause to stand also Rushton come not  to the lease by contract but Leonard er p by compulsory mean as by execution c  and here we be not in the case of plead but of a office where such precise  form be not requisite as if it be find by office that I S be seize in tail  without show of who gift the same be it be good so a indictment de death  cujusdam man pardon the same be good but such indictment take before the  coroner be not good and that a lease for year may be extend see ass if a man  be indebt to the queen be a lessee for year and afterward before any extent  come sell his term the same can be extend after and here it appear that this  lease be to begin at a day to come and that the lessee do enter before the day  by which he be a seize and so be say he have lose his term tenant for the life  of another be seize and die he remain a seize and the occupancy do not qualify  such seize and afterward the inquisition for the incertainty aforesaid be hold  void and a new commission be award Len mich Elizabeth in the common plead
clxviii BRANTHWAITS case debt bring by I d against Branthwait upon a  obligation the condition of which be that whereas I f claim to have a lease  for year of the manor of d make and grant to he by one W d if the say  Branthwait keep without damage the plaintiff from all claim and interest to be  challenge by the say I f de tempore in time during the year c and also deliver  the say lease to the plaintiff that then c the defendant plead that the say I  f have not any such lease and that after the make of the say obligation until  the action bring the plaintiff be not damnified ration dimisstonis preceding  exception be take to the same because where the word of the condition be keep  without damage the plaintiff from all claim and interest and he have plead  that the plaintiff be not damnified ration dimisstonis c but the exception be  disallow by the court for if he be not damnified ration dimisstonis then he be  not damnified by reason of any claim or interest another exception be take  because be can not now say there be no such lease for it be recite in the  obligation that I f claim to have a lease and therefore by this recital be be  estopped c and see where a recital be a estoppel r Fitzherbert title estoppel  e Fitzherbert estoppel e it be hold by the court that it be a good estoppel  and afterward judgement be give for the plaintiff Len Leonard er p
clxviii clinton and bridge case debt the condition be for performance of a  award which be to pay to the plaintiff and to do diverse other thing the  defendant plead quod perimplevit arbitration and show how the plaintiff assign  for a breach that the defendant have not pay the the defendant rejoin that he  tender it to the plaintiff and he refuse it it be the opinion of dyer that the  same be a departure for in the bar the defendant plead that he have perform  the award and show bow and now in the rejoinder a tender and refusal which be  not a performance of the award although it be not any breach of it Leonard  Elizabeth in the exchequer
clxviii musket and coal case William musket bring a action upon the case  against coal and declare that in consideration that the plaintiff have pay  unto the defendant forty shilling for the debt of Simon his son the defendant  promise to deliver to he all men tale billas obligation in which his son be  bind to he which thing he will not do and it be find by verdict for the  plaintiff and it be move for stay of judgement because the plaintiff have not  aver in his decla Leonard ration that the say defendant have bill or  obligation in which Simon his son be bind to the defendant for if there be  none then no damage and see Onlies case Elizabeth dyer d in consideration that  the plaintiff have expend diverse sum of money daughter of the Sun the  business of the defendant promise c exception be take to that declaration by  manwood and mounson justice because it be not show in what business certain  and betwixt what person gawdy the plaintiff here be not to recover the bill or  obligation but damage only and therefore need not to allege any bill in  certain and e a covenant with b to assure unto b and his heir in all respects  land tenement quas to have in such county and for not assurance a action of  covenant be bring and the plaintiff declare that the defendant have break the  say covenant and that he have require the defendant to make a feoff unto he of  all his land and tenement in the say county and the plea be not allow for the  land be not in demand but only damage to be recover see also e and e and in  the principal case the plaintiff have time enough for the show to the jury  what bill or obligation for the instruct of the jury of the damage cro trin  Elizabeth in the king bench
clxx PIGOTTS case assignment of debt to the king Pigott collector of the  subsidy grant by parliament hold Elizabeth and by reason thereof indebt to the  queen one b be indebt to he assign the say debt to the queen for parcel of her  debt upon which progress issue out against b and now at the return of the  process Cooper sergeant move in the behalf of b that the assignment be not  good there be no such parliament hold Elizabeth No assignment of debt to the  queen be effectual where the good and land of the queen debtor be sufficient  but here constat de claro that Pigott be sufficient as to the matter of the  parliament the truth be that the parliament be begin in September but no  session be then hold but it be adjourn to Newbury Elizabeth but if a session  have be hold one ought to say it be prorogue Fenner there be not any authority  in our law for such assignment of debt to the queen manwood the parliament be  September Elizabeth and so be the roll and the record of the parliament the  writ of parliament be return in September Elizabeth but then the queen adjourn  the parliament for there be no session and although it be adjourn yet the  first day of the parliament be in September and such be the opinion of all the  justice Leonard Elizabeth in the exchequer
clxx the queen and kettle be case the queen bring a writ de valour maritagii  against Kettell and count of a tenure in chief the defendant plead that  pendant the writ the queen have grant to one Edmund kettle custodiam  maritagium of the say defendant with who he have compound it be hold by the  whole court to be no plea for the letter patent be void because the queen be  deceive in her grant for it appear by the count that the defendant before the  grant of the queen be of full age and by the letter patent the queen intend  that he be within age and by the same grant custodiam c
clxxi mich Elizabeth in the common plead a seize of land by bis will devise  that his executor shall sell the land and die the executor levy a fine thereof  to one f take money for it of f the question be if in title make by the  conusee to the say land by the fine it be a good plea against the same to say  quod part Finis nothing to have Anderson conceive that it be but by Windham  and periam upon not guilty the conusee may help himself by give in evidence  the special matter in which case the conusee shall be adjudge in not by the  fine but by the devise and Windham say that if a devise that his executor  shall sell a reversion of certain land of which he die seize and they sell the  same without deed the same be well enough for the vendee be in by the devise  and not by the conveyance of the executor quod vide h and by periam the  conusee may help himself in plead as he who be in by the feoff or grant of  beneficiary and use by the statute r Len Inst a Leonard trin Elizabeth in the  common plead
clxxi the queen and pain case privilege a information be exhibit against pain  treasurer of the record in the king bench upon the statute make against the  buy of cattle and be come and demand privilege manwood it have never be see  that such privilege have be grant against the queen vide h in a num  adv  so  much by the better opinion the party shall have the privilege some say that  this be not like to the case where the queen only be party for in such case  attaint do not lie against the jury which have find for the queen contrary  where the suit be tam pro owner queen how c manwood the law be not so for a  attaint lie where the queen alone be party Tanfield who be of counsel with  pain show to the court a precedent Elizabeth where one tam pro owner queen how  c prosecute a suit in the city of Oxford upon a penal statute and the  defendant claim the privilege of the common plea be a officer there and by the  award of the court the privilege be allow he manwood the suit upon the penal  statute be in a inferior court but show to we a precedent where the court be  equal
clxxii mich Elizabeth in the common plead a poor man be ready at the bar to  wage his law and upon examination it be find that the defendant be indebt to  the plaintiff To give back to be pay at the Feast of Christmas and that upon  communication between they it be agree that the defendant shall pay to the  plaintiff at the say feast in satisfaction of all the debt due to the  plaintiff and as to the other that he shall be acquit of it upon this matter  the justice be clear of opinion that the defendant ought not to be admit to  wage his law for notwithstanding that bare communication the whole debt remain  due not extinguish by the communication for can be a satisfaction for but  contrary of a collateral thing in recompense of it c and Leonard er p  satisfaction and agreement to pay before the say Feast of Christmas in  satisfaction of the whole r upon such matter show the court be of opinion that  the defendant may be admit to wage his law
clxxii toss and Tompkins case discontinuance upon a special verdict the case  be that the grandfather tenant for life the remainder to the father in tail  that the grandfather make a feoff in fee to the use of himself for life the  remainder to the father in fee and afterward the that both come upon the land  and make a feoff to Tompkins the defendant coke there be not any  discontinuance upon this matter for the father may well have the advantage of  the forfeiture commit by the grandfather then when the father join with the  grandfather in a feoff the same declare that be come upon the land without  intent to enter for a forfeiture it be one Waynmans case adjudge in the common  plea where the disseizsee come upon the land to deliver a release to the  disseizsor that the same be no entry to revest the land in the disseizsee then  here it be the livery of the tenant for life and the grant of he in the  remainder and be in the remainder here be never seize by force of the tail and  so no discontinuance Godfrey here be a remitter by the entry and afterward a  discontinuance for by the entry of both the law shall adjudge the possession  in he who have right c gawdy this be a discontinuance for when the father  enter ut above he shall be adjudge in by the forfeiture and then he have gain  a possession and so a discontinuance for both can have the possession Clench  the intent of he in the remainder when be enter be to join with the  grandfather and when his intent appear that the estate of the grandfather and  his own also shall pass that do declare that he will not enter for the  forfeiture shoot agree with gawdy cro trin Elizabeth in the king bench
clxxii weigh and throgmorton case in debt upon a bind by Wye against  Throgmorton the condition of the obligation be to perform covenant in a pair  of indenture and the covenant wherein the breach be assign be that if r W  brother of the plaintiff shall say make assurance of such a manor to the  defendant as the council learned of the say defendant shall advice then if the  defendant pay unto the plaintiff the obligation to be void the defendant by  advice of council demand a release with warranty c and by periam and Windham  the same be not any assurance but a mean to recover in value Anderson contrary  that it be a collateral warranty c hill Elizabeth in the king bench
clxxiii break and doughties case hill Elizabeth rot action upon the case for  word a action upon the case for word videlicet thou waste forswear in the  court of request and I will make you stand upon a stage for it it be find for  the plaintiff it be move in arrest of judgement that the action will not lie  for these word for he do not say that he be there forswear as defendant or  witness and Trin Elizabeth betwixt Hern and Hex thou waste forswear in the  court of vuhitchurch and judgement give against the plaintiff for the word be  not actionable and as to the residue of the word I will make you stand upon  the stage for it they be not actionable as it be adjudge between rylie and  Trowgood if thou have justice thou have stand on the pillory and judgement be  give against the plaintiff Daniel contrary thou waste forswear before my Lord  chief justice in a evidence these word be actionable for that be perjury upon  the matter and between foster and thorn t Elizabeth rot thou waste false  forswear in the starchamber the plaintiff have judgement for it shall be  intend that the plaintiff be defendant or a deponent there and yet the word in  the declaration be not in the court of starchamber Wray thou art worthy to  stand upon the pillory be not actionable for it be but a implication but in  the word in the case at the bar there be a vehement intendment that his oath  be in the quality of a defendant or deponent which gawdy grant in the case  Elizabeth thou waste forswear in vuhitchurch Leonard Leonard er p court there  the word be not actionable for that court be not know to you as judge and it  may be it be but a great house or mansion house call vuhitchurch court but  here in the principal case it can be mean but a court of justice and before  the judge there juridice and the subsequent word find so much I will make you  stand upon a stage for it and afterward judgement be give for the plaintiff  cro trin Elizabeth in the king bench
clxxiii mich Elizabeth in the common plead withernam fine for contempt in a  replevin the defendant avow for damage pheasant upon which issue be join and  find for the advowant and damage assess and a retorno Leonard to have issue  upon which the sheriff return withdraw upon which a withernam be award and now  the plaintiff come into court and tender in court the damage assess by the  jury and pray a stay of the withernam and cast the money into court but the  whole court be clear of opinion for the stay of the withernam upon that matter  only because in this case the plaintiff ought to be fine because he have  esloigned his cattle which be a contempt wherefore the court assess a fine  upon he of S d and then the plaintiff have his prayer and request mich  Elizabeth in the common plead
clxxiv Bostock and covert case Bostock and his wife bring a writ of dower  against covert son and heir of her former husband who plead that the husband  of he demandant be seize of land amount to the number of acre and hold the  same by knightsservice and die seize after who death by virtue of the statute  of and h he enter into acre of the say land as the three part of the say land  descend and hold the same in severalty be the three part of the clear yearly  value of the whole discharge of dower and that the wife ought to have all her  dower out of the two part devise and Anderson say that the plea be not good  for the heir who will take advantage of the statute in that point ought to  enter general as tenant in common with the devisee and then in a writ of dower  it be a good plea so if after his entry as tenant in common partition be make  betwixt he and the devisee such a plea be good but here he have enter several  into a three part distinct from the residue and so have oust the devisee of a  three part several for which cause he can have advantage of this plea to which  the rest of the justice non contradixeru Leonard er p Leonard pasch Elizabeth  in the exchequer
clxxiv GATEFOULD and pen case prescription for tithe Gatefould parson of  Northlinne libel against pen in the spiritual court for tithe in kind of  certain pasture the defendant to have prohibition do surmise that he be  inhabitant of Southlinne and that time out of mind c every inhabitant of  Southlinne have pasture in Northlinne have pay tithe in kind fir they unto the  vicar of Southlinne where he be not resident and the vicar have also time out  of mind pay to the parson of Northlinne for the time be two penny for every  acre Lewis this surmise be not sufficient to have a prohibition for upon that  matter modus kill shall never come in question but only the right of tithe if  they belong to the parson of Northlinne or to the vicar of Southlinne and he  may have plead this matter in the spiritual court because it touch the right  of tithe as it be certify in the case of bashly by the doctor of the civil law  gawdy this prescription do stand with reason for such benefit have the parson  of Northlinne if any inhabitant there have any pasture in Southlinne and  afterward the whole court be against the prohibition for modus kill shall  never come in debate upon this matter but who shall have the tithe the vicar  of Southlinne or the parson of Northlinne and also the prescription be not  reasonable cro Len before trin Elizabeth in the king bench
clxxiv germies case asset in debt upon a obligation against a as executor the  case be that the testator of a by his will appoint certain land and name which  shall be sell by his executor and that the money thereof arise shall be  distribute among his daughter when they have accomplish the age of one and  twenty year the land be sell accord and if the money thereof come be in the  hand of the executor shall be asset to pay the debt of the testator be the  question it be the clear opinion of the whole court that it be not asset for  that that money be limit to a special use Leon Leon
clxxix nelsons case in trespass bring by Nelson chief Preignothory of the  court of common plea the case be that the abbot of d be seize of a common out  of the land of the abbey of S as appendant unto certain land of the say abbey  of d and afterward the say house be dissolve and the possession of they give  to the king by Act of parliament to have and hold in as large and ample manner  and form as the late abbot c after which the king so be seize grant the say  possession of the say abbey of d to a and the possession of the say abbey of S  to b it be argue that the common notwithstanding the unity of possession do  continue for unity of possession be so qualify and restrain by the statute by  the word aforesaid and also by the word in the state and condition as they now  be and the abbot of d be seize in the right of his house of the say common  therefore so also shall be the king and his patentee and so a special seize be  give to the king Rhodes Windham and Anderson justice to the contra and the say  word in the say rye statute be e to be construe accord to the law and no  further and by the law the say common can stand against the unity of  possession Leonard er p trin Elizabeth in the common plead
clxxix shed case shed of great Melton in the county of Oxford be assess to S  for fifteen and upon refusal to pay it the collector distrain the beast of  shed and sell they shed bring trespass thereupon in the kingsbench and the  collector exhibit his bill into this court against shed who show by his  council that the statute of Elizabeth which enact this fifteen provide that  the say fifteen shall be levy of the movable good and chattel and other thing  usual to such fifteen and ten to be contributory and Chargeable and show far  that the cattle distrain be tempore severity upon the gleab land of a  parsonage presentative which he have in lease which gleab land be not  Chargeable usual to fifteen grant by the temporal nor the chattel upon it but  it be the opinion of the whole court although that the parson himself pay ten  to the king yet the layfarmor shall pay fifteen and his cattle be distrainable  for it even upon the gleab land of the parsonage and therefore it be adjudge  that in the principal case the distress and sale be good and lawful Len mich  Elizabeth in the exchequer
clxxix the provost OF queen college in oxfords case the provost fellow and  scholar of queen college in Oxford be guardian of the hospital and meason de  dieu in Southampton and they make a lease of land parcel of the possession of  the say hospital to one Hagel for term of year by the name of praepositus  associate scholar college Reginalis in oxonian Gardianus hospital c and in a  ejection strong upon that lease it be find for the plaintiff it be object in  arrest of judgement that this word gardianus ought to be in the plural number  gardiani for the college do consist of many person and every one of they  capable and not like to abbot and covent the court be all of opinion that the  exception be not to be allow but that as well the lease as the declaration be  both good for the college be a body and as one person and so it be as well  gardianus Elizabeth in the common plead
clxxv Gomersal and bishop case hill Elizabeth rot prohibition for tithe bishop  libel in the spiritual court for tithe pay the plaintiff Gomersal make a  surmise that there be a agreement betwixt the say party and for the yearly sum  of seven shilling to be pay by Gomersal unto bishop bishop faithful promise to  Gomersal that Gomersal shall have the tithe of the say land during his life  and upon a attachment upon a prohibition Gomersal declare that for the say  annual sum bishop lease to the plaintiff the say tithe for his life and upon  the declaration bishop do demurrer in law for the variance between the surmise  and the declaration for in the surmise a promise be suppose for which Gomersal  may have a action upon the case and in the declaration a lease but note that  the surmise be not enter in the roll but be record by it self and the  declaration only enrol Godfrey it be resolve in the case betwixt Pendleton and  hunt that a agreement betwixt the parson and any of his parishioner be a good  cause to grant a prohibition if he libel in the spiritual court against such  agreement because the spiritual court can try it and they will not allow such  plea curian the surmise be as a writ for which if variance he betwixt the same  and the declaration all his nought cro Leonard er p Leonard trin Elizabeth in  the king bench
clxxv hitchcock and THURLANDS case in a action upon the statute bring for take  of land to farm by a spiritual person h it be hold that if any such lease be  make at this day to any spiritual person such a lease be not void but such a  lease extend to such lease make before the Feast of saint Michael mention in  the say Act and not alien before the say feast c and so it be say it be late  adjudge in one underwood case Leonard trin Elizabeth in the king bench
clxxv mich Elizabeth in the common plead alien purchaser this case be move to  the court a alien purchase land in fee the queen confirm they to the alien c  office be find if the confirmation shall bind the queen be the question some  conceive it shall for by Anderson chief justice when ail alien be feoff he  take by the livery the feesimple of which he shall be seize until office find  and a praecipe quod To give back jyeth against he Fenner a alien and denizen  joyntenants be seize they shall both join in a assize vide h and he say that  the wife of the king take a husband be a inheretrix they have issue office be  find the husband shall be tenant by the courtesy which see e Fitzherbert  traverse it be argue on the other side that the estate of the alien be so weak  that a confirmation can enure upon it for a alien can take but to the use of  the king and can be feoff to another use and if he be such use be void for  there be not a sufficient seize in a alien to carry a use and it have be  adjudge on forfeit case where a alien and the say Forset be jointpurchasers  and the alien die that Leonard Forset shall not have the whole by survivor but  that upon office find the queen shall have the moiety vide Elizabeth dyer  Leonard er p mich Elizabeth in the common plead
clxxv sir John SOUTHWELS case sir John Southwel of the county of Lancaster  Julii Elizabeth make a conveyance of his land to diverse feoff and their heir  upon condition that they shall find he and his wife and so many person in his  house c prefer his daughter in marriage pay his debt c and if there fall out  at the year end upon account make by the feoff any surplusage that then at the  end of every such year they shall answer such surplusage as shall then remain  in their hand unexpended of the rend and profit of his say land with clause of  revocation c afterward the say conveyance be in force come the statute of  Elizabeth concern recusant upon which statute the say Southwel be now indict  and afterward upon a commission issue out of the exchequer to the sheriff of  Lancaster to inquire of the land of the say Southwel although against the say  conveyance it be give in evidence that after the say conveyance the say sir  John Southwel have grant tree from off the say land and have receive line and  income for lease c yet the juror charge to inquire will not find that the say  sir John Southwel have any land c and by special command from the queen it be  refer out of the exchequer to all the judge of England if the land of the say  sir John Southwel convey as aforesaid be subject to the say statute and the  penalty thereof and upon a great deliberation it be by they all resolve and  agree that notwithstanding the say conveyance the say land be liable to the  say statute and as to the juror who against the evidence give to they for the  queen give their verdict ut above process be award against they out of the  court of exchequer for to appear before the Lord treasurer and the baron and  for their say contempt they be commit to the fleet and each of they fine Len  trin Elizabeth in the exchequer
clxxvi cutter and dixwell case a action upon the case bring by cutter against  Dixwell for that the say defendant have exhibit a bill to the justice of peace  against the plaintiff contain that the plaintiff be a enemy to all quietness  seek all mean to disquiet his neighbour and have use himself as a lawless  person and have process to serve upon one in the parish videlicet the parson  do keep the process and will not serve it but on the sabbath day in the time  of divine service not have regard to her majesty law or the quiet of his  neighbour upon which bill the justice to who it be exhibit award process  against the plaintiff to find surety for his good behaviour it be the opinion  of the justice that upon this matter a action will not lie trin Elizabeth in  the king bench
clxxvi more and savil case in a ejection strong by more against Savil the case  be that tenant in tail lease the land to the father mother and son for their  life by indenture in which it be comprehend that forasmuch as the lessor be  but tenant in tail and so can by law limit these estate by way of remainder  but joint in possession and his intent be that because this lease be procure  and obtain at the special suit and cost and charge of the father that the say  son shall suffer his father and after he his mother to take the profit of the  say land demise and to occupy and hold the say land to their only profit  without interruption of the say son notwithstanding his joint estate in  possession with they to see in advance therefore be that if the say son shall  challenge claim demand or take any profit of the land so demise or enter into  the same during the life of his say father or mother that then the estate to  he limit by the say indenture shall cease and be utter void and it be the  clear opinion of the whole court that this condition and proviso be utter void  for it be contrary to the estate limit before as in the case cite by coke at  the bar if I lease you my land for year proviso that you shall not occupy the  same the two first year the same proviso be void and contrary and repugnant to  the estate Leonard mich Elizabeth in the star chamber
clxxvii mason case mason lease certain land to one r for year and afterward  lease the same land to one Tinter for ear Tinter covenant with the defendant  that if the say r shall sue the say mason by reason of the late lease that  then he will discharge or keep harmless without damage the say mason and also  will pay to he all the charge which he shall sustain by reason of any suit to  be bring against the say r in respect of the say former lease and mason by the  same indenture covenant with Tinter that the say land demise shall continue to  the say Tinter discharge of former charge bargain and encumbrance and now upon  the second covenant Tinter bring a action of covenant and show that the say r  have sue he in a action of ejection firm upon the say first lease and have  recover against he c and mason plead in bar the say second covenant intend  that by that Leonard er p late covenant the plaintiff have notice of the say  former lease make unto r so as the first lease shall be except out of the  covenant of former grant for otherwise there shall be circuity of action but  the opinion of the whole court be to the contrary for the covenant of mason  shall go to the discharge of the land but the covenant of Tinter only to the  possession Leonard pasch Elizabeth rot in the common plead
clxxvii STRANSHAM and MEDCALFES case No prohibition for cost in the spiritual  court Stransham libel in the court of the bishop of Norwich against medcalfe  for a portion of tithe as farmor of the rectory of Dunham the parson of  Stonham come in and say that the land whereof the tithe be demand be in his  parish of Stonham and not in the parish of Dunham and afterward sentence pass  against Stransham who bring a appeal and notwithstanding that by the statute  of h cap the spiritual judge may proceed to make process against the appellant  for cost for the principal matter sure parcel or within such a parish or not  be tryable at the commonlaw cook now pray a consultation and he confess ut  above that the matter be tryable at the commonlaw but yet the cost be not give  for the matter but for the unjust vexation and it be his suit and own act to  prosecute the same in the spiritual court note that Stransham have a  prohibition to stay the proceed for the cost for in some case the plaintiff  himself who libelleth may have a prohibition and that be the case betwixt  Wignal and brook and afterward a consultation be grant by the court for  Stransham have begin the suit in the spiritual court in the principal matter  and therefore he can have a prohibition for the cost but afterward judgement  be stay for the say statute speak special in case of tithe where the court  have jurisdiction and here it have not of the matter but it be say that if a  consultation be once grant the party shall never have another prohibition in  the same cause as it be olden in the case betwixt Hoskins and Jones cro cro  pasch Elizabeth rot in the king bench
clxxviii SEIXTBARK and Percy case ejection strong of land in Knolton and  woodland the party be at issue and the venire facias be of Knolton only and it  be find for the plaintiff it be show in stay of judgement that the venire  facias be not well award for it ought to have be de vicineto de Knolton  woodland which be grant by the court and that that defect be not relieve by  any statute for it be a mistrial and for that cause judgement be stay and a  venire facias de to make new grant Elizabeth in the common plead
CLXXVIL mich Elizabeth in the common plead alien suffer a common recovery land  be give to a alien in tail the remainder over to another in fee the alien  suffer a common recovery and die without issue all this matter be find by  office it be move that this office shall have return so as upon the matter the  alien be not tenant of the land at the time of the recovery suffer but the  whole court hold the contrary and that the recovery be good and shall bind he  in the remainder   Leonard mich Elizabeth in the common plead
clxxx green case upon statute of hue and cry a action upon the statute of hue  and cry be bring by green the case be that the plaintiff deliver to his  servant certain money to carry the same from Bristol to London in which  journey the servant be rob upon which matter the master bring his action it be  move that the plaintiff by the statute of Elizabeth c be not a person able to  bring this action because he be not examine twenty day before the action be  bring but the exception be disallow for the court be clear of opinion that the  master shall not be examine but the servant Leonard er p
clxxx Leonards case Leonard custos narrow places bring a action of trespass  for break of his close the defendant plead that William Heydon be seize and  feoff he and upon ne enfeffa pass they be at issue and it be find by special  verdict that the say William Heydon be seize and lease to the defendant for  year and afterward make a charter of feoff to he by these word to give away  and concession with a warrant of attorney in it and deliver the same to the  say lessee who deliver the same to he who be make attorney in the say deed who  make livery accord it be move by the plaintiff counsel that here be not any  feoff find but only a confirmation for as soon as the charter be deliver to  the lessee for year the law give it its operation to that effect to vest the  fee in the lessee by way of confirmation see Litt but the opinion of the whole  court be clear to the contrary for here the lessee have liberty how and by  what conveyance he shall be adjudge seize of the land either by feoff or by  confirmation and it appear here that when the lessee deliver Leonard the  charter to the attorney and also when the lessee accept livery from the  attorney he declare his meaning to be that he will take by the livery and the  Lord Anderson say that if tenant in tail be seize and make a charterfeoffment  with a warranty of attorney and deliver the same to the seize who deliver the  same to the attorney who make livery accord the same be a good feoff and so a  discontinuance and after many motion the court award that the plaintiff shall  be bar Len roll trin Elizabeth in the common plead
clxxx palmer and SMALBROOKS case in a action upon the case by palmer against  smalbrook the plaintiff declare that the defendant have recover a certain debt  against a and thereupon purchase a writ of capias against a to take his body  and deliver the say capias to the plaintiff be then sheriff and pray a warrant  for the serve of the say capias and that he will name in it one b for special  bailiff and promise the plaintiff that if b arrest a by force of the say  capias and suffer he to escape that he will not sue the plaintiff for the  escape and show further that he make a warrant accord to the say capias and  therein name and appoint the say b his special bailiff who arrest a accord and  afterward suffer he to escape and the defendant notwithstanding his promise  aforesaid sue the plaintiff for the say escape and it be find for the  plaintiff it be move in arrest of judgement that the promise be against the  law to prevent the punishment inflict by the statute of h upon the sheriff and  it be mere within the statute and so the promise void cook the same be not any  bind or promise take of the prisoner nor of any for he and therefore it be not  within the statute as it be in Danvers case Wray a promise be within the  statute as well as a bind but the statute do not extend but where the bind or  promise be make by the prisoner or by any for he and after judgement be give  for the plaintiff I a Owen Len hill Elizabeth in the common plead
clxxx the dean and chapter OF WINSORS case in this case it be move if one have  a rectory impropriate and by the statute of h cap be to pay a annual rend for  the same in the name of a ten and by that be discharge of ten and first fruit  if he shall have the privilege of the Leonard er p exchequer for he be to pay  the same sum yearly and the baron be of opinion that he shall not for so ever  one who be to pay any ten or first fruit shall draw another who sue he into  the exchequer and so all controversy concern tithe and parsonage shall be draw  hither which shall be a great prejudice to the spiritual court but Egerton  solicitor vouch a case sure coniers case where the king give a parsonage to a  priory in frankalmoign and the tithe thereof be withdraw the prior implead he  who withdraw his tithe in the exchequer and in that case it be hold that the  prior shall have the privilege for the king be in danger to lose his patronage  or rather his foundership if the rectory be evict gentleman baron the tenant  of the king in chief or be who pay first fruit or he who hold of the queen in  feefarm shall not have in such respect the privilege here quaere Len mich  Elizabeth in the common plead
clxxxi cony and beveridge case in debt upon a bind the case be that the  plaintiff lease unto the defendant certain land lie in the county of Cambridge  render rend and afterward the defendant become bind to the plaintiff in a bind  for payment of the say rend upon which bind the plaintiff bring a action of  debt in the county of Leonard Northampton to which the defendant plead payment  of the rend without show the place of payment and upon payment they be at  issue and find for the plaintiff by nisi prius in the county of Northampton in  arrest of judgement it be move that the issue be mistryed for here the payment  of the rend be plead without show the place of payment it shall be intend that  the rend be pay upon the land which be in the county of Cambridge see e  Anderson be of opinion that no judgement shall be give for the cause aforesaid  Rhodes and Windham contrary for it do not appear that the issue be mistried  because that no place of payment be plead and it may be for any thing be show  that the rend be pay in the county of Northampton Len trin Elizabeth in the  king bench
clxxxi palmer and WADDINGTONS case Richard palmer bring a action upon the case  against Anthony Waddington and declare that Henry Waddington brother of the  defendant be indebt to the say plaintiff in et to be thrown or cast in limit  death indies to look out for to call ad see dict Anthonium who executor will  ultimae will to put the dawn rogan ut speech libras a saying beforehand  Richardo infra interval two a month death svan proxime sequend to count to  loosen et speech Antonius in consideration ind super see assumpsit c and all  the matter aforesaid be find by verdict upon non assumpsit plead and it be the  opinion of the whole court that the declaration be insufficient because there  be not any good consideration set forth in it for it be not say that in  consideration that the say Henry make the defendant his executor c trin  Elizabeth in the king bench
clxxxii dolmans case a seize of a manor to which two part of the advowson be  appendant present and afterward alien the manor cum appurtenance the alienee  present and purchase the three part of the advowson and present again one I S  chaplain to the earl of Rutland who have a dispensation and take another  benefice and be induct Elizabeth and die Elizabeth the queen present for lapse  and her clerk be institute and induct the alienee lord of the manor die seize  inter alian this manor be allot to the wifeof dolman for her part and be bring  a quare hinder it be move if dolman shall not join in this quare hinder with  her who have the three part and by Walmsley he need not vide e by Brian if a  advowson descend to four coparceners and they make partition to present by  turn and the three present when the second ought for that time his presentment  be go but when it come to his turn again he shall present which prove that  they be several tenant
clxxxii hunt and GILBORNS case dower of gavelkind by custom in dower bring by  hunt and his wife against Gilborn the defendant plead that the land of which  dower be demand be of the nature of gavelkind and that the custom be that in  dower of land of such nature the wife ought to be endow of the moiety of such  land tenendum how day non marry to stay behind non aliter upon which plea in  bar the demandant do demurrer in law and the Lord Anderson be of opinion that  the custom be strong plead against the dower in the affirmative with a  negative non aliter and that be confess by the demurrer that dower out of such  land ought to be so allow and so demand and in n other manner and by periam if  those word non aliter have not be in the plea yet the demandant shall not have  judgement for dower by moiety non marry be as proper in case of gavelkind as  dower of the three part of land at the commonlaw and as the descent in such  case of land to all the son and afterward judgement be give against the  demandant ante cro Leonard hill Elizabeth
clxxxii STRANSHAM and COLLINGTONS case the plaintiff sue in the spiritual  court for tithe against the defendant within the parish of c the defendant say  that the tithe be within the parish of a and the parson of a come in pro  interest his and thereupon they proceed to sentence and that be give against  Stansham who now sue a prohibition and the question be if within such a parish  or such a parish be tryable by the law of the land or by the law of the church  Wray chief justice say it have be take that it be tryable by our law Fenner  the pope have not distinguish parish but have ordain that tithe shall be pay  within the parish cro Leonard er p Leonard mich Elizabeth in the common plead
clxxxiii HIGHAMS case it be find by special verdict that Thomas Higham be  seize of acre of land call jack usual occupy with a house and that be lease  the say house and acre of the say acre to I S for life and make his will by  which he devise the say house and all his land call jack then in the  occupation of I S to his wife for life and that after the decease of his wife  the remainder thereof and of all his other land appertain to jack to Richard  his second son c it be say by mead that the wife shall not have by implication  the residue of jack for that she have a express estate in the house and acre  of the land and her husband have express his will as to that his will shall  not be construe by implication to pass other land to the wife and it be say by  he that it have be adjudge in the case between Tracy and glover that if land  be devise to one and to his heir and if he die without heir of his body that  then the land shall remain over that in such case the donee have but a estate  in tail to he and the heir male of his body and it be then also say by  Anderson chief justice that in the time of sir Anthony brown it be hold that  if a man be seize of two acre of land and devise one of they to his wife for  life and that I S shall have the other acre after the death of his wife that  the wife have not any estate in the late acre for the cause aforesaid  afterward it be move what thing pass to the second son by that devise and the  Lord Anderson conceive that the word in the will usual occupy with it do  amount to as much as land let with it and then the acre be not let with it and  therefore do not pass Windham justice hold the contrary and be say although  they do not pass by the word occupy with it yet it shall pass to the son by  the name of jack or the land appertain to jack to which Anderson different  opinion afterward agree Len more Rep cro roll pasch Elizabeth in the king  bench
clxxxiii the case OF the provost and scholar OF queen college in oxford the  provost fellow and scholar of queen college in Oxford be guardian of the  hospital or meason de dieu in Southampton and they make a lease of the land  parcel of the say hospital to one hazel for term of year by the name  praepositus associate scholar college reginalis in oxonian Gardianus hospital  c and in a ejection strong upon that lease it be find for the plaintiff and it  be object in arrest of judgement that the word gardianus ought to be gardianus  for the college do consist of many person and every person be capable and it  be not like unto abbot and covent but the whole court be of opinion that the  exception be not good but that as well the lease as also the declaration be  good for the college be one body and as one person and so it be good enough  gardianus hill Elizabeth in the common plead
clxxxix clark and KEMPTONS case payment of rend in ejection strong the case be  the defendant lease for year to the plaintiff render rend Payable at  Michaelmas and the annunciation or fourteen day after et si to touch the say  rend to he behind post some a boundary well festor to say before in quo to  loosen debet by the space of day post some holiday predict that then c it be  adjudge in this case that the lessee have fourteen day after the say fourteen  day mention in the reservation without danger of the penalty of the condition  and the last word post some festor predict for the contrariety shall be reject  Leon smith and Bnrds case   Rep b pasc Elizabeth in the king bench
clxxxix KINGWELL and chapmans case in a action of debt upon a bind by Kingwell  against chapman the defendant plead that it be endorse upon condition that  where diverse debate be betwixt the plaintiff and one I brother of the  defendant the say plaintiff and I put themselves to the award of one Copston  and the defendant be bind by bind to the plaintiff that his brother shall  perform the award of the say Copston and the award be that the say I shall pay  to the plaintiff videlicet at the Feast of the annunciation and at Michaelmas  after and show that the say I have pay the say at the annunciation and as to  the be plead that the say I die before the say Feast of Michaelmas upon which  there be a demurrer and by Wray Southcote and gawdy justice the bind be  forfeit first because the sum award by the arbitrament be now become a duty as  if the condition of the bind have be for the payment of it second day be  appoint for the payment of it h three the executor can perform the condition  but if I be bind by bind to feoff the obligee at such a day and before the say  day I die my executor shall not be charge with it for the condition be become  impossible by the act of God for the land be descend to the heir cro Leonard  er p Leonard Elizabeth in the common plead
clxxxix parret and doctor matthews case a praemunire be bring and prosecute by  the queen attorneygeneral and parret against doctor matthews dean of  christchurch in Oxford and other for that they procure the say parret to be  sue in we city of Oxford before the commissary there in a action of trespass  by libel accord to the ecclesiastical law in which suit parret plead his  freehold and so to the jurisdiction of the court and yet they proceed there  and parret be condemned and imprison and afterward the say suit depend the  queen attorney withdraw his suit for the queen it be now move to the court if  notwithstanding that the party informer may proceed in his suit there see e  the kin shall have praemunire and the party grieve his action see Br  praemunire for by brook nun can have praemunire but the king cook there be a  precedent in the book of entry in a praemunire the word be ad to answer tam  lord king how r f and that upon the statute of r and see ibidem tam lord king  de contempt predict how speech a b de financial loss but it be hold by the  whole court that if the queen attorney will not beyond attendance the party  grieve can maintain that suit for the principal matter in the praemunire be  the conviction and the put of the party out of the king protection and the  damage be but accessary and then the principal be release the damage be go and  it be also hold that the precedent in the book of entry be not to be regard  for there be not any judgement upon any of the plead there Len mich Elizabeth  in the king bench
clxxxv savage case one savage be present to a benefice and afterward take  another and then purchase a dispensation which be too late and then be qualify  and afterward accept of the archdeaconry of Gloucester and underhill who have  the archdeaconry libel against the say savage in the spiritual court vide the  case report in the first part of Leonards report sect therefore quaere there
clxxxvi lucas and PICROFTS case the case be that a assize of novel seize be  bring in the county of Northampton of two acre of land and as to one acre the  tenant plead a plea tryable in a foreign county upon which the assize be  adjourn into the common plea and from thence into the foreign county where by  nisi prius it be find for the plaintiff and now in the common plea snag  sergeant pray judgement for the plaintiff and cite the book h where a assize  be adjourn into the common plea for difficulty of the verdict they there may  give judgement but all the court hold the contrary for here be another acre of  which the title be yet to be try before the justice of assize before the trial  of which no judgement shall be give for the acre of which the title be find  and the assize be proper depend before the justice of assize before who the  plaintiff may discontinue his assize and it be not like to the case of e and  ass where in a assize a release be plead date in a foreign county which be  deny wherefore the assize be adjourn into the common plea and there find by  inquest not the deed of the plaintiff now if the plaintiff will release his  damage be shall have judgement of Leonard er p the freehold present but in our  case parcel of the land put in view remain not try which the plaintiff can  release as he may his damage and therefore the court remand the verdict to the  justice of assize Len Len Leonard mich Elizabeth in the common plead
clxxxvi pasc Elizabeth in the king bench husband and wife copyholder for life  the husband surrender to the lord who grant the land over by copy to a  stranger the husband die the wife recover and enter and surrender to the lord  and by Wray the stranger to who the lord grant it after the surrender by the  husband shall have the land and not the lord himself against his own grant  pasc Elizabeth in the common plead
clxxxvii CHOMLEY and conges case Chomley bring trespass of assault and battery  make to his wife against cony and upon the general issue it be find for the  plaintiff it be move in arrest of judgement that the action be not well bring  for the same be a action of trespass do to the person of the wife the writ  ought to be bring and prosecute in both their name for now if judgement be  give for the husband and be die before execution the wife to who the wrong be  do shall not have execution but the executor of the husband and afterward upon  advice the plaintiff have judgement to recover vide count e h Leonard er p  pasc Elizabeth in the common plead
clxxxvii hare and mellers case see proctor v Webster Q b d Hugh hare of the  innertemple bring a action upon the case against Philip mellers and declare  that the defendant have exhibit unto the queen a slanderous bill against the  plaintiff charge the say Hugh to have recover against the defendant l by  forgery perjury and cousin and also that he have publish the matter of the say  bill at Westminster c in this case it be say by the court that the exhibit of  the bill to the queen be not in it self any cause of action for the queen be  the head and fountain of justice and therefore it be lawful for all her  subject to resort unto her ad to make complaint but if a subject after the  bill once exhibit will divulge the matter therein comprehend to the disgrace  and discredit of the person intend the same be good cause of action and that  be the case of sir John Conway who upon such matter recover and as to the word  themselves it be the opinion of the court that they be not actionable for it  be not express show that the plaintiff have use perjury forgery c and it may  be that the attorney or solicitor in the cause have use such indirect mean not  know to the plaintiff and in such case it be true that the plaintiff have  recover by forgery c and yet without reproach and by perjury he can recover  for be can be swear in his own cause it be adjudge against the plaintiff post  mich Elizabeth in the common plead
clxxxvii west and STOWELS case in a action upon the case by Thomas west  against sir John Stowell the plaintiff declare that the defendant in  consideration that the plaintiff promise to the defendant that if the  defendant shall win a certain match at shoot make between the Lord of  Effingham and the defendant then the plaintiff shall pay to the defendant and  promise to the plaintiff that if the say l Effingham shall win the same match  of the defendant that then the defendant will pay to the plaintiff and far  declare that the Lord Effingham win the match for which the action be bring it  be move that here be not any sufficient consideration for the promise of the  plaintiff to the defendant non make ready act for there be not any  consideration upon which it be conceive but be only naked bargain upon which  the defendant can not have a action against the plaintiff and then here be not  any sufficient consideration for the promise of the defendant mounson justice  conceive that here the consideration be sufficient for here this counter  promise be a reciprocal promise and so a good consideration for all the  communication ought to be take together manwood such a reciprocal promise  betwixt the party themselves at the match be sufficient for there be  consideration good enough to each as the prepare of the bow and arrow the ride  or come to the place appoint to shoot the labour in shoot the travel in go up  and down between the mark but for the bettors by Leonard er p there be not any  consideration if the bettor do not give aim mounson a cast at dice alter the  property if the dice be not false wherefore then be there not here a  reciprocal action manwood at dice the party set down their money and speak  word which do amount to a conditional gift sure if that the other party cast  such a cast he shall have the money cro townsend roll more sty a Leonard  Elizabeth in the king bench
clxxxviii don case don possess of diverse good in diverse diocese die  intestate at Bristol the bishop of Bristol commit Administration to Jones and  his wife who administer and afterward the bishop of Canterbury by reason of  his prerogative commit Administration to Austen and don and they bring a  action of trespass against Jones and his wife for take of the good of the  intestate it be hold by Wray and Southcote that the letter of Administration  grant by the bishop of Bristol be void gawdy and Jeofreys contrary for the  grant of letter of Administration de mero jure do belong to the ordinary and  it may be that neither the ordinary nor the parties to who he grant the letter  of Administration have notice that the intestate have good notabilia in  another diocese and therefore it shall be hard to make the defendant  trespasser exception be take to the declaration because it be show that the  archbishop of Canterbury by reason of bis prerogative commit Administration c  without show that the intestate have good notabilia c but the exception be not  allow for so be all the precedent as the declaration be here which all the  clerk in court do affirm and afterward exception be take to the bar because it  be there plead that the defendant have pay a certain sum of money to one a to  who the intestate be indebt by bind and do not show how the bind be discharge  as by release acquittance cancel of the bind c and that be hold to be a  material exception for the defendant in such case ought to show such discharge  which be sufficient and by which the plaintiff may be discharge and for that  cause the plaintiff have judgement to recover   cro Elizabeth in the king  bench
clxxxviii more and the bishop OF NORWICHS case in a quare hinder by more  against the bishop of Norwich c it be find for the plaintiff and thereupon  issue forth a writ to the bishop which be not return upon which a alias issue  forth upon which the bishop return that after judgement give in the quare  hinder the same incumbent against who the action be bring be present institute  and induct into the same church and so the church be full c and if that be a  good return it be oftentimes debate Windham cite the case l e a quare hinder  against parson patron and ordinary and pendant the writ the parson resign and  the ordinary give notice of it to the patron and afterward by lapse the  ordinary present the same incumbent who resign and afterward the plaintiff in  the quare hinder have judgement to recover and it be hold because the same  incumbent be now in by a new title sure by lapse and the same person against  who the recovery be have and that appear to the court he shall be remove see  Elizabeth dyer Leonard and Elizabeth dyer and it be say by the Lord Anderson  what person soever be present and admit after the action bring unless it be  that the title of the patron be paramount the title of the plaintiff upon such  recovery be shall be remove and so in the principal case it be adjudge that  the return of the bishop be not good wherefore he be fine l and a as alias  award upon pain of Leonard er p mich Elizabeth in the king bench
clxxxviii Stephens case fine levy to raise a use in a ejection strong the case  be that the father covenant with one a that in consideration of a marriage to  he have betwixt the son of the covenantor and the daughter of a that he before  such a day will levy a fine which fine shall be to the use of the son and  daughter in tail for the jointure of the daughter the fine be levy accord to  the use aforesaid the father die but in the fine no mention be make of any  marriage have and upon that matter the court be clear of opinion that  notwithstanding that the marriage be not accomplish yet the estate tail be  well enough execute in the son and daughter for the fine without any  consideration do carry the use but without a fine such a consideration will  not raise such a use without accomplishment of the marriage for the  consideration execute ought to produce the use but in this case the use be  perfect by the fine and a upon the matter may have have covenant against the  father to have the fine before the marriage mich Elizabeth in the common plead
clxxxviii the earl OF NORTHUMHERLANDS case the earl of Northumherland bring  debt for arrearage upon account the defendant show that before the say account  the plaintiff of his own wrong imprison the defendant and be so imprison  assign auditor and so the account be make by duress it be hold a good plea by  the justice of both bench pasc Elizabeth in the common plead
CLYPSAM against morris ante in dell Br Jones pray judgement on the former  reason and on the ordinary way of bill of exchange which be allow as inland  bill between any that have deal in the world withins contra here be nothing  appear due by the defendant to many nor any forbearance of many and neither  shall be intend more than in roll Keble er p Kitchinman against Evesq Ossory  where the promise be make by the party himself and of this opinion be all the  court on view of a precedent between Newcomin and lee pasch the same with this  rot adjudge the action will not lie style pl they do hold that the action will  not lie and Moreton cite winch potter turner on the reason of Hub Bidwell but  because on view of the roll no final judgement be enter but only a prayer that  judgement out of Dartmouth may be affirm it be adjourn but Twisden say he dare  lie his life the judgement be reverse
CLYPSAM against morris Monday Jan ante assumpsit Siderf pl in dell Br Jones  pray judgement in action sur case on promise in consideration the plaintiff at  the defendant instance will take his promise to pay money a fortnight after  due by one many to the plaintiff the defendant promise to pay c for by this  promise be necessary imply that as the defendant undertake so the plaintiff  accept he and shall the plaintiff resort to the first debtor a action sur case  will lie by the defendant against the plaintiff roll Wilmot against Prigot  differ not from this which be rather strong be ground on a note and especial  this be join with time to pay in fourteen day Withens pro defendant it do not  appear the defendant be indebt to either the plaintiff or many but be as a  stranger in which case without forbearance he be not oblige and the  consideration of accept the defendant as debtor do suppose the former debtor  to be remove and so it do not here Keeling Ch just if a stranger say stay a  fortnight I will pay the money or I will pay the money within a fortnight no  action will lie unless the debtor be to be forbear or discharge to which the  court agree but doubt here it may be intend the defendant be a debtor  Adjornatur
Cm ppel versus tansy Trin James rotulo quare hinder bring for the church of  bleby the issue be that there be no such church and the venire be de look de  bleby and the exception be because it be not of the body of the county but the  exception be salve because in the declaration it be allege that one die at  bleby aforesaid and it be hold that every place allege shall be intend to be a  town and by the user of the writ it be presume in law to be a parish and then  if there be a parish and a town if the venire facias be either of the parish  or town it be good and it be a good writ to demand manor de d with the  appurtenance several quare inapedits may be bring against several defendant as  one against the bishop and another against the patron and incumbent but if I S  bring a quare hinder against a b the a b can have a writ against the say I S  if a quare hinder abate within the six month the plaintiff may bring another  writ but if the plaintiff be nonsuit within the six month he can have a new  writ because the defendant upon title make have a writ to the bishop and for  that cause a new writ will not lie admittance of a resignation by fraud take  not away the king title
coachman versus hawtry hill James rotulo action of debt bring against a  bailiff of a liberty upon a recovery in a court of record the defendant plead  nul tiel record the plaintiff bring the record into the court and there be  diverse variances between the record upon which the plaintiff declare and the  record certify videlicet in the name of the bailiff and continuances for in  the record certify there be diverse continuances which be not in the record in  court and diverse other difference but the judgement and recovery of the debt  and damage agree and the other variances be not material and judgement be give  for the plaintiff notwithstanding bind take to appear in the court of request  void king v castle BrownIow and goldsborough er dominus king jacobus versus  castle a action of debt bring upon a obligation take in the king name in the  court of request with a condition to appear before the master c and the  declaration be general that the defendant such a day and year by his  obligation do acknowledge himself to be bind to the king in the say sixty  pound to be pay c and it be adjudge nought for it do not appear to be take in  a court of record return of the habeas corpus amend
coal administration OF coal against LEVINGSTONE c Tuesday June partition on  recovery in ejectment by the testator against Skinner he now after the  plaintiff and defendant death bring a know fa against the tertenants to which  they demurrer general as a new case et adjornatur
coal against beston in error Br abatement in to know facias against executor Q  performance non they allege the defendant in the first action die before the  day of the judgement and that there be a writ of error pendant and that assign  for error and the plaintiff will not proceed by Keble er p to know facias ad  audiend wandering after the assignment therefore Stroud sen move to stay  proceed in the to know facias quare performance non which the court grant  notwithstanding Jones for the plaintiff allege that the defendant die after  the judgement and so the writ of error be abate but per curian they will not  try such assignment of error in fact by affidavit and so the writ of error be  supersedeas to sue any to know facias quare performance non the court stay it  till the trial of the error
coal against Chamberlyn trin car rot admiral in action sur case on agreement  with a master of a ship and his son for passage to Virginia and back for S and  the plaintiff to allow ten tun at livre per tun in consideration of which and  that the plaintiff shall not require the money for the transportation the  defendant promise to pay for the tunnage paulet except in arrest of judgement  that here be no consideration send non allocatur it be intend there be  passenger and judgement pro plaintiff
coal against FOXMAN see Robertson v Hartopp Ch d in a action upon the case by  a commoner against I S for charge of the common see rep the point be a seize  of acre and of a common appurtenant to they alien one acre if the common be  extinct for part or in the whole and by the court it be not extinct for any  part but it shall be apportion and no prejudice to the terretenant and Hubbard  chief justice who give the rule say the sole reason be that otherwise a grand  inconvenience and mischief will ensue for by that all commons in England shall  be extinct and salus poplar tree be summa law apic law non are jura and the  great dispute in that case be for the certainty what shall be say to be cattle  levant and couchant and sergeant attee say that cook chief justice in his  circuit in Norff say that so many of the cattle that the land to which the  common be appurtenant may maintain in the winter so many shall be say levant  and couchant to which Warberton and Hutton agree
coal against GOUING mich geo affidavit to change a venue be pen that the  promise in the declaration if any such be make be make in Sussex and not in  London c hold insufficient and not agreeable to the common form which be that  plaintiff cause of action if any such he bath do arise c
coal against Ireland enter hill and car case by a sheriff for fee against a  grantee of a hundred for year raym Pollexf Skinner Nels Abr case by the  plaintiff sheriff of the county of Leicester against the defendant grantee of  the hundred of Gartree by the king that now be for year for fee take by the  defendant by colour of his grant on non cul plead a special verdict be find  and among other thing that e have grant custodiam of the say hundred per To  bring together per nomen hundredi Himself durante pleasure his and that h have  make the like grant of it and also king James and the king that now be have  grant it to the defendant and the patent be also find which constitute the  plaintiff sheriff and the question on the whole matter be whether the  defendant have a good title by the aforesaid grant to the say hundred and  Jones t to bold the court and appoint a bailiff against the will of the  plaintiff and to take the fee incident and contingent in the courtsleet and  courtsbaron of the hundred during the sheriffwick of the plaintiff note all  this the plaintiff have particular show in his declaration the case depend on  the act of e cap pound e cap and after diverse argument at bar and  consideration by the court judgement be unanimous give for the plaintiff per  totan cur and it be declare that on the construction of both the aforesaid act  all hundred which be not before grant in fee by the crown be join to the  office of sheriff and not only such hundred as be grant by king e as be urge  for the defendant for the plaintiff be cite h   Inst and a judgement in the  exchequer in on a information there by the attorneygeneral at the relation of  Ireland find on the grant to the defendant here against Buckberry bailiff of  the then sheriff of the county where judgement be give for the defendant there  against the patentee
coal against levingston Thursday Nov partition in ejectment by lessee of  lessee of the whole by the daughter and heir of sir Peter vanlore which be  make by reason of the incertainty of the part claim by the plaintiff who be  the earl of sterling lady crook and Alexander c sir Peter vanlore have issue  sir Peter junior dame mary Powell dead without issue dame Katherine glenham  dead leave issue Ann Caesar who have issue Elizabeth Vandebenden who have  issue I sir Peter junior have issue Jacoba wife of Henry Alexander alias  Zinzin a plaintiff Susanna wife of sir Robert crook a plaintiff mary dead  leave issue Henry earl of sterling a plaintiff III dame glenham have issue  Henry dead without issue Aug Peter dead leave issue Aug Sackvill dead Dec  leave issue Thomas a defendant Ann and mary dead without issue IV dame Caesar  have issue Ann Levinston a defendant Jacoba dead leave issue sir Richard  Anderson a defendant Keble v Elizabeth Vandebenden have issue John dead  october leave issue John now live a defendant Abraham yet live Peter dead  without issue Apr as to a five part the party agree and as to a four part of a  five videlicet of the lady Powell but the main difference between they be on  the clause of settlement July car to Henry Peter and Sackvill and the heir of  their body which be joint estate for life and several inheritance and after  Henry death Peter suffer recovery and what part be to the plaintiff be the  main difficulty and a special verdict be to this end agree of the whole and  per curian lease of all part warrant lease of all post
coal against pordage assumpsit Hub vide in dell Br seu in debt upon a bill to  pay livre for a house and land and so much good the defendant demurrer to the  declaration because it be not aver that the house and land and good be convey  and here be no reciprocal remedy and to this Keeling Ch just incline but  curian contra but adjornatur
coal against shallet one covenant be not pleadable in bar of another covenant  in the same deed ld ray sander Jones v Berkeley Douglas covenant upon a  charterparty whereby the master of a ship covenant to sail the first fair wind  to Barcelona and that his mariner shall attend with his boat to relade the  ship there and that then he will return with the first fair wind to London and  will unload and deliver the good the merchant covenant to pay he so much for  fraught and so mucliper they during his stay there and the master bring levinz  this action for the money due to he for the fraught and for the demurrage and  declare that he sail with the first fair wind and so on accord to the article  the defendant quoad the fraught plead that the ship do not return direct to  London but go to Alicant and Tangier and make diverse deviation by which the  good be spoil and quoad the demurrage that that be occasion by the neglect of  the mariner to attend with their boat to relade the ship hereupon the  plaintiff demurrer et per totan curian judgement be give for the plaintiff for  the covenant be mutual and reciprocal wb rei Pon each have his action against  the other and can plead the breach of one covenant in bar of the other and  perhaps the damage of the one side and the other be not equal and therefore  the one not pleadable in bar of the other but each party be by his action to  recover against the other the certain damage he sustain and so it be adjudge  hill car b r inter Thompson Noel hilary and Charles two
coal against SIBSYE mich banc sup demurrer upon a replication in trover and  conversion coal bring a action of trover and conversion against Sibsye the  defendant plead the statute of limitation of action in bar the plaintiff reply  that he take out a latitat such a term against the defendant for this cause  now depend which be within the time limit by the statute to this replication  the defendant demurrer and for cause show that it be incertain and so no issue  can be join upon it for itonly say that he take out a latitat such a term and  do not show what day of the term he take it out and so we can take issue upon  it and the usual form be to show the day latch maintain the replication and  say it be good in matter of substance and the latitat shall be intend to issue  forth the first day of the term for all the term be but one day in  construction of the law and the defendant may take a certain issue as it be  plead roll chief justice answer you ought to have show the testae of the  latitat for the time be material in this case videlicet to know whether it be  sue forth within the time express in the statute for the limitation of action  or without namely within six year or no and you may have make it certain by  your plead it special Jerman differ in opinion and thereupon the court take  time to advice Vid before
coal against SIBSYE mich banc sup Trin rot a latitat in nature of a original  coal bring a action of trover and conversion against Sibsye the defendant  plead the statute of limitation of action in bar of the action the plaintiff  reply that he take out a latitat out of this court against the defendant  within the time limit by the statute which yet continue depend roll chief  justice say a latitat out of this court be in the nature of a original in the  commonplea and so have be always hold to be adjourn
coal against skinner Thursday No partition in ejectment the ouster be confess  of a three part of a four part of a five part in five to be divide which by  hide be very inconvenient and creep in since the new rule of leave declaration  the land lie in several place distinct from each other and may be hold by  several Keble title which can never be have the old course of actual ejectment  continue but on suggestion that the title be but one and one plaintiff and one  defendant it be admit the limitation of the estate by sir Peter vanlore by  covenant to stand seize of the five part to the use of four daughter and their  issue in tail and so to the five and on default of such issue in any one her  part to go to the survivor accord to their several share and groportions  before limit and to the heir of their body which by Jones for the plaintiff  shall be intend to be divide and the estate only as the former part but by  Glyn for the defendant the survivor be joyntenants with several inheritance as  Littleton case and so the issue can take so long as any of the daughter be  live which the court direct to be find special and Windham agree that have the  limitation be to the survivor and their heir male accord to their several  share they have be joyntenants but this be several Twisden say that the devise  to a b and c and their heir respective be tenant in common and the dissent be  intend per stipites not per capita
coal against Sutton ante lieu in transitory action of covenant the defendant  plead a foreign plea that the ship be cast away at Falmouth to which be do to  put off a trial and not swear the plaintiff demurrer special and the defendant  join in demurrer on Dixons case Keble er p Keeling conceive that unless there  be special local cause the defendant can alter the place where the action be  lie but it be only a record the court order it to be read that the defendant  may not change his plea but that it may be peremptory Adjornatur ordinary  powis pray a prohibition to the bishop of York on suggestion that title of  treasurership of d Ch which the king have grant to sir h Bellasis a layhand  and to which a peculiar jurisdiction be annex which the court deny because  layhand without Act of parliament be not capable of such office but however  the peculiar be jurisdiction spiritual be appendant to the office not to the  corporation or demean but for the difficulty day be give to show cause against  prohibition Adjornatur
coal against walton plea a preparation to be to pay his obligation without to  bring before ill debt upon a obligation against the defendant by the executor  of Stretcbley condition that whereas the plaintiff have lend to bridge and  take his bind for repayment of S at the house of Walton upon the that of July  next which he accept upon the undertake of Walton that if bridge do not pay  Walton will secure it as herein be set forth now the levinz condition be that  if bridge make default then if Walton at the say time and place pay the money  Stretchley then deliver bridge bind to Walton cancel and assign it to he the  obligation to be void the defendant plead that bridge do not pay the money  whereupon he go to his house the first of July follow a hour before sunset and  there stay till the sun be down paralus to pay the money send nec Stretchley  nor any other for he be there ready to receive it or to deliver up bridge bind  hoc c the plaintiff demurrer general and have judgmentper tolan Uuriam for the  plea be nought for want of a to bring before to loosen for the tender only be  traversable and not the a preparation and he be to tena r before the other be  bind to deliver up the bind
coal and Buckland how far the court will stay proceed against bail after a  writ of error be bring Mr Filmer move to stay proceed against the bail in the  original action after notice of a writ of error allow upon enter into the rule  that be make in the case of Arthur and Myonet Mr birch object that this motion  be now too late because the second to know facias be returnable last day in  easter term and therefore as the bail have certain be too late to surrender  the principal in discharge of themselves in case there have be no writ of  error he think that there be equal reason that the bail shall now be too late  to come for this other favour when there be a writ of error for the intent of  this rule of Arthur and Myonet seem only to give the bail a power to have the  proceed against they stay as the principal have a power to stay proceed  against himself upon the bail enter into a rule to do that upon the affirmance  of the judgement which at the time of the motion by the rule of the court they  have a right then Barnardiston king b to do which be surrender the principal  Mr Filmer say that in the case of Aldridge and Snowden this motion be indeed  refuse after judgement against the bail but he take the sense of the court at  that time to have be that this motion be proper at any time before and upon  that the court make a rule to show cause vide post
coal and Buckland vide this matter come on again the court be of opinion the  bail be too late for this motion after the return of the second to know facias  they say in the case of Aldridge and Snowden Lord chief justice Prat be indeed  of opinion that the bail may come at any time before judgement but the three  other judge at that time differ with he in opinion however Mr birch say that  upon the bail give judgement in the to know facias he be Willing to consent  that the execution shall be stay till the writ of error be determine and  accord those term be agree to Barnardiston king b er p
coal and cockerel how far a demand shall be say to be necessary or not in a  quantum to deserve for lodging and diet for the defendant wife which the  plaintiff declare that he deliver to the defendant wife at the special  instance and request of the defendant the defendant plead that at the time  suppose by the declaration his wife elope from he without hoc that the good be  deliver to his wife at his request modus form upon this issue be join and upon  the trial no special request can be prove accord a case be make for the  opinion of the court upon this point whether a request be necessary Mr Acherly  argue that it be necessary and submit it upon this single point that in the  present case a special issue be join which must be prove special as it be lie  and for this purpose cite h and sand but the court be of opinion that the  request in this case be imply by the law upon the delivery and that the rule  that have be mention do not extend to such thing as the law imply but to those  thing only which the law do not imply accord judge lee absent they give  judgement for the plaintiff
coal and levingston bail master attorney pray better security in ejectment on  error there be only the recognizance of two of the defendant per curian unless  all the defendant in ejectment do give recognizance its no supersedeas for as  to the land its entire though to the person its general and execution award  nisi
coal and levingston pl partition Jones pray judgement of the five and of the  seven of the five of Peter Glenhams part and of thirty two of one hundred  sixty and five which be the same with two three of four seven of a five but  agree to attend in vacation to set all right and enter a nolle attendance for  the rest which be accord do the term after infra
coal and levingston Wednesday Feb ante partition judgement be of a five part  in five dividing and for a seven part of a five and for two three part of four  seven part of a five part ex motion sir William Jones Keble er p
coal and Searle ante tithe sander pray judgement in verdict as to debet and  the declaration be for tithe in two several parish and nil debet plead several  to which Twisden Keble er p incline but per curian these be several issue  which be uncertain and in Cr there be only one issue but here its Keble as in  debt on lease of free and copy on nil debet it can appear to which and its not  amendable but this be a plain fault in the verdict and not in plead sander  pray a when fa de to make new which the court grant it be bring in both  because it be uncertain in which of the two parish the tithe be but the  plaintiff have the interest of both parish under the several impropriators I S  and lady Portland and be for praedial tithe it must appear in which parish the  tithe lie else verdict will be against the plaintiff on several nil debit  plead which the plaintiff can hinder be not impropriator of both parish  himself
coal and Searle tithe debt on Edward cap for tithe of whittles saint mary and  saint Andrews on two non debit plead verdict quoad parten non debet and as to  l residue Keble debet which by holt in arrest of judgement on Cr Creswell and  Middletons case be ill and by hale chief justice quoad l nil debet quoad l  residue another plea and so non debet be several issue and therefore its ill  which the court agree say adjornatur
coal case George coal father of the suppose ware have a wife purchase certain  land in capite hold of sir Francis Tanfield knight which be find by the office  to be purchase by fine and indenture lead the use of the fine as follow to the  use of the say lie George coal and of the heir male of his body which he shall  beget of the body of any wife which he shall hereafter marry and for default  of such issue then to the use of Thomas coal the suppose ware then son and  heir apparent of the say George coal and of the heir of the body of the say  Thomas lawful come and for default of such issue then to the use of the right  heir of the say George coal for ever George coal die and the wife which he  have at the time of purchase survive question whether though coal the son  shall be in ware to the king majesty or not and resolve by the attorney and  court that no wardship be due and a decree draw up accord Hillary James king
coal case hill W m B R show h let we a house except two room and be disturb  therein covenant lie not otherwise if except a passage thereto and be disturb  in that   cro James Carth S C case B R Ch can lev Mod Doug by indenture h  lease a house except two room and free passage to they the lessee assign and  the assignee disturb the lessor in the passage thereto and for this  disturbance the lessor bring covenant et per car the action lie the diversity  be this if the disturbance have be in the chamber it be plain then no action  of covenant will have lie because it be except and so not demise aliter where  the lessee agree to let the lessor have a thing out of the demise premise as a  way common or other profit apprendre in such case covenant lie for the  disturbance vide cro more and this covenant go with the tenement and bind the  assignee judgement pro quer
coal executor against haden EASTER geo motion for leave to enter judgement at  the suit of coal the executor on a warrant of attorney the word whereof extend  to enter judgement at the suit of coal the testator his barn heir executor or  administrator the court make a rule to show cause which be afterward make  absolute on affidavit of service no cause be show Bootle for coal executor the  sergeant quote a case in Salkeld where a warrant of attorney to enter  judgement be give to a feme sole and she have marry before the judgement enter  the court give leave to enter judgement at the suit of the husband and wife
coal v rumney Nov bill by executor dismiss with cost out of asset which if  deny to be examine on interrogatory executor bring a very frivolous bill which  be dismiss with cost out of asset order to be examine in interrogatory if deny  asset so do in another cause the next day
coal vers Buckland practice barn b r S S c the second to know facias be  returnable the first day of the term and a week within term the bail move to  stay the proceed on the common term of give judgement in the to know facias  and take four day to surrender after affirmance in the principal cause but the  court hold they come too late after their time to surrender be go and will not  revive it again all they will do be to stay the sue out execution till after  affirmance vide taswell v stone burr
coal vers Hawkins contempt and S C a copy of a bill of Middlesex be serve on  the defendant while he be attend the sit in a cause wherein he be defendant  and upon motion against the attorney for a contempt it be contend to be right  because it be not a arrest which restrain he of his liberty but the court say  that the privilege be design as well to prevent any interruption strange of  the business of the court and it be equal a contempt and they will have commit  the attorney if he have not consent to waive the proceed and pay cost
coal versus Flaxman hill James rotulo action of the case bring for disturb the  plaintiff common the defendant pretend title to the common by reason of common  appurtenant to certain customary land of part of which he convey a title to  himself but not of the whole and the question be whether it be common  appurtenant or appendant and if appurtenant it can not be divide Misatrial the  venn be mistake Keyrnes v Moxham BrownIow and goldsborough er Keynes versus  Moxham Trin James rotulo action of the case bring for a promise make at c for  the delivery of a mare which the plaintiff deliver the dependent to blow his  ground in p and show the dependent do so excessive and immoderate labour and  work the say mare that the mare die the defendant confess the promise and that  the mare at the time of the delivery be infirm and that he work her moderate  and traverse the excessive labour of the mare and after verdict it be move in  arrest of judgement that it be mistried because the venn be of c which be  nought and there be no place allege where the excessive labour be for the venn  ought to come from that place where the labour be Brownlow goldsborough er p  Brownlow goldsborough judgement arrest for a mistake of the jury
coal versus levingston keb keb in ejectment upon a long and intricate special  verdict the chief justice say never be the like in westminsterhall these  follow point be resolve by the court and declare by hale as the opinion of  himself and the rest of the judge first that where one covenant to stand seize  to the use of a and b and the heir of their body of part of his land and if  they die without issue of their body then that it shall remain c and of  another part of his land to the use of c d and e and the heir of their body  and if they die without issue of their body then to remain c that here there  be no cross remainder create by implication for there shall never be such  remainder upon construction of a deed though sometime there be in case of a  will roll second as this case be there will be no cross remainder if it be in  a will for cross remainder shall not rise between three unless the word do  very plain express the intent of the devisor to be so as where black acre be  devise to a white acre to b and green acre to c and if they die without issue  of their body well of one another the dawn then to remain there by reason of  the word of one another eastern cross remainder shall be dyer but otherwise  there will not Gilbert v witty and other cro and in this case though some of  the limitation be between two there shall be no cross remainder in they  because there be other between three and the intent shall be take to be the  same in all
coal versus turner pasch Ann Mod at nisi prius upon evidence in trespass for  assault and battery holt CJ declare that the least touch of another in anger  be a battery if two or more meet in a narrow passage and without any violence  or design of harm the one touch the other gentle it be no battery if any of  they use violence against the other to force his way in a rude inordinate  manner it be a battery or any struggle about the passage to that degree as may  do hurt be a battery Vid bro Tresp e ass h note it be in action of battery by  husband and wife for a battery upon the husband and wife ad financial loss  Self and though the plaintiff have a verdict yet the chief justice say he  shall never have judgement and judgement be after arrest above upon that  exception bill OF exchange
coal versus Wilkes debt debt upon the statute of the e for tithe against one  joint lessee Samson coal bring a action of debt upon the statute of e against  Leonard Wilkes trial at the bar a lease be make to two they enter and occupy  and set not out their tithe debt be bring against one of they it lie not  Hutton but here it be find that one only occupy the land and therefore the  action well lie and a case be show mich James a action of debt be bring upon  this statute by sir John Gerard against two tenant in common and it appear  that one of they et out his tithe and that the other afterward take it and  carry it away and adjudge that the action lie only against he which carry it  away pasch car
coan versus howl Ant when the avowant shall not have cost upon a writ of error  Mod SC salk Danv pl show sand comb the plaintiff in replevin be nonsuit and  upon a writ of error bring in b r the judgement be affirm and now the court be  move that the defendant in the writ of error may have cost upon the statute  pro dilation executionis c for though the writ of error be bring by the  plaintiff in the original action of replevin yet the avowant be as much a  plaintiff as he and have a judgement for a return habend the execution of  which judgement be delay by this writ of error c and therefore not like the  case where the plaintiff in other action bring writ of error for here be no  delay of execution because the defendant have no judgement but adjudge per  curian that the defendant in the principal case shall not have cost because he  be not within the letter of any of the statute which statute shall never be  extend beyond the letter but shall be take strict because cost be in nature of  a penalty and per holt chief justice in a avowry for a amerciament if the  plaintiff be nonsuit or there be a verdict against he yet the avowant shall  not have cost