case calthorp against HEYTON a traverse without hoc qubd fixed by law modus  oneralus be not good ld ray replevin the defendant avow for that the king be  seize in fee of a manor and of a grange which be parcel of the manor grant the  inheritance to a bishop reserve thirtythree pound rend to be yearly issue out  of the whole allege a grant of the grange from sir W W who claim under the  bishop to his ancestor in fee in which grant there be this clause videlicet if  the grantee or his heir shall be legal charge by distress or with any rend due  to that king or his modern er p successor modern upon account of the say  grange that then it shall be lawful for they to enter into Blackacre and  distrain till be or they be satisfy and afterward the grantee and his heir be  upon a bill exhibit against they in the exchequer decree to pay the king four  pound per annum as their proportion out of the grange for which he distrain  and so justify the take the plaintiff plead in bar to the avowry and traverse  that the defendant be lawful charge with the say rend and the defendant  demurrer Baldwin sergeant maintain the avowry to be good have allege a legal  charge and that the bar be not good for the plaintiff traverse quod defendens  be fixed by law modus oneralus which be part matter of law and part likewise  matter of fact be not good and therefore if the decree be not a legal charge  the plaintiff shall have demurrer but seys sergeant on the other side argue  that the avowry be not good because the defendant have not set forth a legal  charge accord to the grant which must be by distress or some other lawful way  andthat must be intend by some execution at commonlaw for the coactusfuit to  pay be not enough a suit in equity be no legal disturbance more the same case  be report in browni Selby v Chute beside the defendant do not show any process  take out or who be party to the decree and a and estate in the case of a  bishop be not good for he must pass it by deed north chief justice and the  whole court a rend in the king case lie in render and not in demand and after  the rentday be pass he be load and the decree be not material in this case for  the charge be not make thereby but by the reservation for payment whereof the  whole grange be Chargeable the king may distrain in any part of the land he be  not bind by the decree to a particular place that be in favour only to the  purchaser that he shall pay no more than his proportion as to the and estate  the defendant have admit that by say bene et yes be that sir W W be seize the  traverse be ill and judgement be give for the avowant