coke b henry PEYTOES case mich James in the common plea in ejection firm  against several they plead that after the trespass and ejectment it be agree  that one of the defendant shall pay to the plaintiff in satisfaction S at the  Feast of saint m then next follow and that for the payment thereof he shall be  bind in a bind of and plead performance thereof and receipt of the money the  plaintiff demurrer the plea be hold to be good and judgement be give for the  defendant in all action which suppose the wrong to be do way et arms accord be  a good plea where nothing but amends be to be recover in damage a accord be a  good plea and accord may be a good plea although a chattel real or personal be  to be recover as in detinue of charter of a horse or other personal good coke  report a er p where there be a condition in a deed to do a collateral act  accord with execution for money or other thing be no satisfaction to save the  forfeiture but if such condition be to pay money by accord some other thing  may be give instead of the money in satisfaction of the condition where there  be a contract without deed to do a collateral thing money by accord may be pay  in satisfaction of such contract a right or title of freehold can be bar by  any accord with collateral satisfaction although the satisfaction be of as  high a nature as the right of freehold in a writ of quare ejeci infra boundary  accord be a good plea note the best and sure form of plead a accord be to  plead it by way of satisfaction and not by way of accord S C Brownl nom pall v  city SC Brownl nom peto v Checy and other SC Godb nom peto and chitties case  Henry Peytoe bring a ejection firm against Robert city and Agnes his wife and  Alice Derbyshire of a house and a garden in Godalming in the county of Surre  on a demise make by whether hook April James for five year and that the  defendant the that day of April in the same year eject he c and the defendant  plead that after the trespass and ejectment know maii year say in addition to  at Godalming prd ankle inter Robertumetprfat Henry tam de transgression et  ejection prd how de omnibus other complaint debt is owed et debatis inter eos  ante tunc habit factis sive carry through e to have concurrence agreement that  in satisfaction of they the say Robert one of the defendant shall pay to the  plaintiff l S at the Feast of saint Michael the Archangel then next follow and  that for the true payment thereof he shall become bind in a a raym a bind of l  and plead the performance thereof and the receipt of the say sum at the say  feast accord and thereupon the plaintiff demurrer in law and this case be  argue at the bar by the sergeant and it be object that this action of ejection  firm in the realty and therein the possession shall be recover by to have  facias possession and thereby the possession and inheritance shall be revested  in the lessor and the entry of the plaintiff pen the writ shall b Brownl die  pl b abate his writ as it be adjudge in Elizabeth dyer for in this action the  land be to be recover so in ejection firm c Doctrin pl Cr James Cr Elizabeth  roll Rep Anders Brownl c ancient demesne be a good plea as it be adjudge in  aldens case in the five part of my report f a because it taste of the realty  coke a and in action concern the d   b Brownl d realty although it be but a  chattel real accord be no plea and therefore it be adjudge e   b Br accord  postea b Brownl cro Elizabeth e h b that in a action of waste against lessee  for year a accord execute be no plea because it be mix with the realty acquire  ration in ejection firm also they rely much upon two rule put in the case in e  between Andrew and Boughey dyer the one rule that in all case where nothing  but f die pl Doctrin pl Brownl f amends be to be recover in damage there a  concord with a execution thereof be a good plea but in this case of ejection  firm to some degree greater number et magisdignum shall be recover than damage  know the g Cr car postea b   a g term the other rule there put be in all  action ground upon a wrong as trespass conspiracy maintenance and hujusmodi  where nothing in certainty be demand nor to be recover but h die pl   a h  damage concord be a good plea but in this case the action be bring for the  recovery of the possession of the house and land demise in certain but it be  grant that if the term incur pen the writ there accord be a good plea because  nothing shall be recover but damage so in a action of waste against lessee for  year in the coke report b er p I roll   a Doctr pl I to hold and question be  make arguendo among the sergeant what shall be the reason why when a man be  bind to deliver a horse c or to do any collateral act king   light b postea a  roll king the obligor can by accord betwixt they give money or other valuable  thing in satisfaction thereof as well as where he be bind to pay money there  he may give a horse or any other valuable thing in satisfaction thereof and  first it be unanimous resolve per tot cur that the accord in this l Doctrin pl  roll roll Rep Brownl Brownl godb l case be a good plea for in all action which  suppose the wrong to be do m Brownl Brownl m way et arms where capias and  exigent lie at the commonlaw as appear in e a h a b e b blow Com in Lord  berkeleys case there accord be a good plea a for when accord with satisfaction  be a good plea Vid Com dig accord a a for the redemption of his body from  imprisonment so that man may do their business which be good for the  commonwealth and it be observe that this action of ejection firm include in  itself a action of trespass a Cr Elizabeth a as appear by the commencement the  body and the conclusion of the writ for this writ begin si a to make ten ax de  warcry his prosequend pone c and in the like manner begin the writ of trespass  the body of the writ of ejection firm quare way et arms One messuag c to go  into c and the writ of the trespass be quare One messuagium to break in pieces  et b f n b l b to go into c all the addition in the ejection firm be et Self a  of Firmum suit ind ejeci the conclusion of both be etalia irregular intutit ad  grave damnum and therefore the coke b trespass be a great part of the action  of ejection firm and the trespass and ejectment be so weave and mix together  that they can be sever and without question in c Doct pl c trespass accord be  a good plea and by consequence in d Doct pl before a godb roll roll Rep brown  brown d ejection firm and the entry in a ejection firm be in plea transg et  banishment firm and in h b it be hold that by force of the Act of e cap e e c  e which give a action of trespass de good carry away in vita testator that the  executor shall have f Br quare to cast out infra c Br ex Fitzherbert ex e a  Brownl f ejection firm of ejectment in vita testator because that be a action  of trespass and in e the action of ejection firm be call action of g Brownl g  trespass and in postea a r ejection firm that it be a action of trespass in  its nature Trin h rot in person ring in a appeal b appeal of murder treason  felony and other offence be abolish by stat Geo c b of h Brownl Doct pl   a h  maihem the writ be felon yet for as much as it include trespass accord be  adjudge to be a good plea and it be also resolve that in I Brownl Doct pl   b  I ravishment of ware accord be a good plea because in the action at the  commonlaw process of outlawry lie and so upon the stat of W c and therefore it  appear that this case be not like a action of waste against lessee for year  nor to the writ of king Brownl post king quare ejeci infra term which be quare  ei deforceat c and without way et arms and yet for as much as in these also  but a chattel shall be recover accord be a good plea and therefore as to the  case of action of waste in l   b before a Br accord Brownl Cr Elizabeth l h b  it be answer that the case be in print for if it have be coke report a er p  real adjudge in I h the same case will never have be argue again by the  sergeant and judge in h and in m Brownl Inst m h Garr in Fitzherbert it be  hold that in a action of n Brownl Cr James Cr Elizabeth   a roll Doct pl n  waste against lessee for year accord be a good plea which the same judge will  not have do if they themselves have adjudge the same case to the contrary in  so short time before also diligent search by the prothonotories have be make  for the record of the say case of I h and none can be find and in hill e  report by sergeant Bendloes it be hold per totan curian in c b that in a  action of oh oh Benlow n Benlow more oh waste against lessee for year accord  be a good plea and it be resolve that the say rule in e be consonant to law  know that where nothing but amends be to be recover in damage there a accord  be a good plea but that do not impugn that although a chattel real or personal  be also to be recover that accord shall be no plea for in detinue of p  Fitzherbert Acc Doct pl Brownl   p charter concern the freehold and  inheritance of land the charter themselves shall be recover and yet in such  case accord be a good plea as it be hold in e b the same law of detinue of a  horse or other personal good and the other rule be also true but coke a as to  the first it do not imply the negative for where certainty be to be recover  accord also be a good plea as in the ease of a before b a detinue of charter  in a action of b Br accord Brownl b debt on a lease for year there be a  certain demand and yet accord be a good plea as it be hold in e a b h a r Det  and in this case to satisfy the say question move among the sergeant a  difference be take between a condition in a deed to do a c roll Brownl before  a roll Rep Cr Elizabeth Bulst   light b Perk b a hob palm taunt c collateral  act as to be bind in a statute to make a feoff to yield a true account et like  for there accord with execution for money or other thing be no satisfaction to  save the forfeiture of the condition for the contract be make by write to do  such collateral act can without write in such case be alter as it be hold in e  a b h h dyer c c Vid Scholey and another v Hearns east c but when the  condition in a deed by the original contract of the party be to pay money  there by accord among the party any other thing man be give in satisfaction of  the money for as the philosopher say d Brownl Bulstr will   a d coin be  measure a thing commutandar which agree with a rule in law res per money  stimatur et non money per res and in this sense it be true quod pecunic to  give ear in all respects but so be not any other thing and it be not material  whether the money mention in the condition be a collateral sum or be parcel of  the bind or not for if a man be bind by bind in e roll e quarter of wheat upon  condition to pay the obligor may by accord betwixt they give he a horse or a  gold ring c in satisfaction of the money although the money in such case be  collateral to the bind and therefore if a man f roll f feoff another by deed  upon condition that the feoff shall pay a sum of money c the feoff may by  accord betwixt they give the feoff a horse or a gold ring c in satisfaction  and yet the money in such case be g   light a Mod g collateral have regard to  the land for if tender be make and refusal he shall never pay the money ergo  it be a mere collateral because reprobate money in hoc grammatical case free  solvetem and therewith agree light cap condition b so if a man by bind be bind  in h   light a roll h quarter of wheat upon condition to pay coke report b er  p quarter he can give money or other thing in satisfaction thereof because the  contract original be not for money but for a collateral thing and in such case  if the obligor tender it at the day and the other refuse he shall plead it  without say it be I roil   light a die pl Doct pl I yet ready because corn be  good to pass away and it be a charge to the obligor to keep it coke b and so  it be hold in h in the common plea as Carrel have report so if a man be bind  in a statute recognizance or bind and afterward a defeasance be make to pay a  less sum now this sum in the defeasance be collateral and therefore if the  obligor king will roll Cr Elizabeth   light a Doct pl king tender it at the  day and it be refuse the obligee lose it for ever as it be hold in l  Fitzherbert Det Br tout temps priest l h a b and yet in such case the obligor  by accord betwixt they may give a horse c in satisfaction of the money in the  defeasance for the contract be original for money but if a man by contract or  assumpsit without a roll black Com vo a deed be to deliver a horse or to build  a house or to do any other collateral thing there money may be pay by accord  in satisfaction of such contract for as a contract upon consideration may  commence by word so by agreement by word for any valuable consideration it may  be dissolve and so you will better understand the reason of your book in h a b  h a b h e b e b h b h a h b h dyer h e a e annuity but it be resolve that a  right or title of b Brownl roll Rep Doct pl   light b die pl Swanst b freehold  can be bar by any accord with collateral satisfaction although the  satisfaction be of as high a nature as the right of freehold as appear in  Vernon case in the four part of my report f a b long e mark dyer d Vid the  reference note b Vernon case Rep a d and every accord ought to be full c Doct  pl roll Jon raym c perfect and complete for if diverse thing be to be perform  by the accord the performance of part be not sufficient but all ought to be  perform and therewith agree e b h a blow Com a also if the thing be to be  perform at a day to come tender and refusal be not sufficient without actual  satisfaction and acceptance e concord be no plea unless execute on both side  Russell v Russell lev therefore part payment and a agreement to take the  residue at a future day can be plead as satisfaction in bar to debt on bind  balston v Baxter cro Elizabeth and a agreement between a debtor and his  creditor that they will accept a composition in satisfaction of their  respective debt to be pay in a reasonable time can be plead to a action bring  by one of the creditor to recover his whole demand Heathcote v Crookshanks TR  and Vid Lynn and another v Bruce h black fitch v Sutton east and a plea that  the plaintiff and defendant agree to settle all matter in dispute and to bind  themselves in a penalty not to sue each other be a have plea James v David TR  and with Purslow v Baily l raym and where in covenant by the heir in reversion  against the executor of tenant for life for breach of covenant in the testator  in not repair the house demise the defendant plead that the tenant for life  die on such a day and that afterward it be agree between the plaintiff and  defendant that the defendant shall quiet depart and leave possession to the  plaintiff and in consideration thereof the plaintiff agree to discharge he  from the breach and aver that within five day from the day of agreement he  leave the house the plea be hold have on demurrer for the time be not fix by  the agreement when the executor shall depart and although it be aver that he  depart within five day yet that will not aid the first uncertainty for the  agreement be the foundation of the whole which ought to be certain when it  shall be perform Stamford v Culliffe Yelv and qure whether satisfaction from a  stranger be satisfaction in law Vid edgcomb v rod east S C smith where a man  by deed acknowledge himself to be satisfy it be a good bar without receive any  thing per heath I Rowntree v Jacob taunt e coke report a er p and accord be  favour in law because expedit reipublic ut sit d   a a a   a hard godb Bulstr  d Finis a strife et concurrence agreement small res to come into being discord  maxim to fall asunder vide e e the bishop of bath case r bar e Elizabeth dyer  and in a writ of covenant for want of reparation although the action be find  on a deed yet be mix with wrong for which damage shall be recover it be  adjudge pasch James rot between Eden a   b Cr James Noy roll Rep palm a and  black that accord with satisfaction be a good plea in bar and it be resolve in  the case at bar that the accord and satisfaction by one shall discharge all  the ejectors and trespasser vide e b h a b h b Fitzherbert bar   b Dall b r  bar f f it seem that satisfaction make by one tortfeasor discharge the other  Dufresne v Hutchinson taunt for where accord with satisfaction be a good plea  Vid Com dig accord a f and that of ancient time the term be recover in eject  firm as appear by bract lib c f in tract de assisa nov seize Dict be above as  quis to set up again cum coke a to be expulsion de thither his nunc to say be  si quis ejicia de usufructu well use et habitation alicuj tenementi quod to  hold ad boundary a year ante boundary suum and there against the lessor he say  that the lessee shall have a writ de convention against his vendee he shall  have a qure ejeci infra boundary as well against the lessor as versus  foreigner ejection firm and there a little after he say non to greater extent  to be able some firmarium to cast out de of Firmum suit how to hold once de  book property his et unde si that ejeceri quitradidit seisinam I possession to  set up again cum financial loss si autem the how who to give up ejeceri si hoc  cum authority et will tradent uterque holding hoc judgment One near factum the  near origination si autem without will tunc holding ejector utrique tam dom  quality how firmario firmario per this breve lord quality per assisam nov  seize et One rehabeat boundary cum financial loss etalius book property suum  without financial loss by which it appear how the law be take in the reign of  in which time Bracton write in e quare to cast out infra boundary it be  adjudge that the plaintiff in that action shall recover his tem and damage and  the like judgement be give in e and e ibidem pl which agree with Bracton and  with he f n b c f n b g c in ass p and h b in ejection guard the term shall be  recover acquire ration in ejection firm vide e in oyer and terminer and it be  hold in I h b that although the term incur pen the writ of eject firm the writ  shall abate h h h h e e h that the term shall be recover in eject firm and h  in eject firm bring against a stranger in the common plea the plaintiff have  judgement to recover his term and thereupon the defendant bring a writ of  error and the judgement be affirm and execution award to the plaintiff and in  year h such judgement be give in the common plea that the plaintiff in eject  firm shall recover his term and damage as Fitzherbert justice report in his n  b b and the book in r eject firm be report for it seem that the court agree  only to the save of Belknap that if the lessee be oust by the lessor that he  may recover his tem in a writ of covenant and afterward in the same case  Belknap say that at the commonlaw if the lessee be oust by a stranger eject  firm lie and to what purpose be this writ institute if thereby the term shall  not be recover for he shall not recover damage but for that ejectment only  vide h h and it be resolve in a writ of quare ejeci infra termin accord be a  good plea afterward in the principal case judgement be coke b give against the  plaintiff notam reader the best and most secure a Doct pl Mod a form of plead  of a accord g Vid note b Pinnells case   b Com dig accord c g be to coke  report a er p plead it by way of satisfaction and not by way of accord for if  he plead it by way of accord he ought to plead the precise execution thereof  in the whole and if e fail of any part thereof his plea be insufficient but by  way of satisfaction he shall plead no more than that the defendant pay the  plaintiff l S in full satisfaction of the same action which the plaintiff  receive c judgement if action and this be well approve by the book in h b in a  writ of b Doct pl Fitzherbert bar Br bar b Forge of false deed Markham  sergeant for the defendant by protestation that he do not forge for plea say  that the defendant give the plaintiff a gallon of wine in satisfaction of the  action which gallon of wine the plaintiff accept c judgement if action and  there fortescue sergeant of counsel with the plaintiff it be no plea unless  you say that there be a accord betwixt the plaintiff and defendant c Newton  the chief justice who give the rule in the case it be the best plead as  Markham have plead in my opinion and substantial enough for if he have give  the plaintiff a gallon of wine for the same trespass which the plaintiff have  receive what will you then c and afterward fortescue deny the receipt of the  gallon of wine in satisfaction of that trespass