case sir John Bodwell against John Bodwell Michaelmas term car roll in a bill  of annuity for a annual rend grant for life a declaration that the grantee  army pron  interrog  seisitus to be in of his ut de book property be good S C  Jones   Ent Bulst Carth dougl a action for a annuity secure on a real estate  with a clause of distress on nonpayment may be bring in Wales by bill as well  as by original for it be a charge on the person of the grantor W Jones   Com  dig   light a note error of a judgement at the grand session at Caernarvon in  a annuity by bill for twohundred and twenty pound arrear of a annuity grant of  twenty pound quas ei debet and count that the defendant sir John Bodwell upon  the that November of James by a deed show have grant to the plaintiff John  Bodwell the say annual rend by the name of a annuity or annual rend of twenty  pound habendum to he for his life by virtue whereof he be seize in of his ut  de book property and for eleven year behind at such a feast he bring the  action the defendant sir John Bodwell demand oyer of the deed which be enter  and read it thereby appear that it be a rend issue out of a certain parsonage  in the say county with a clause of distress upon the rectory or church of  Kenthkelley and diverse other the rectory in the say county there mention and  plead that the say John Bodwell grant the say rectory with croak car the  church of Kenthkelley to he and his heir whereupon be enter therein and so  plead it as a extinguishment c the plaintiff John Bodwell reply that there be  nothing grant thereby which be pertain to the say church the defendant sir  John Bodwell rejoin that such a piece of land be parcel of the say rectory and  church thereupon they be at issue and it be find for the plaintiff John  Bodwell and judgement give for he and now error be bring by sir John Bodwell  and several error assign upon the record to which John Bodwell plead in nullo  be erratum and all be overrule and now over as far as he insist upon other  error first that he declare upon a annuity or annual rend grant for life army  pron  interrog  to be seisitus in of his ut de book property prove that it be  no annuity but a rentcharge and that he make it his election to have it as a  rentcharge and in proof thereof be cite dyer say non allocatur for be a  annuity grant for life although it be no rentcharge yet he may plead seisitus  in of his ut de book property and although such exception be take by  Blendlosse in Edward who cite that case yet the court notwithstanding resolve  for the plaintiff and Lord coke a have two several declaration in this manner  and yet the plaintiff have judgement the second error assign over as far as be  that this bill of annuity be not maintainable but he ought to have bring a  original writ for the statute of Henry c do appoint that in Wales action real  and mix shall be sue by original writ and not by bill but action personal may  be there sue by bill and that this a coke entry croak car er p be a action mix  be rely upon Henry pl and Fitzberb rend release of action real be a good bar  in this so release of action personal and this be a franktenement be rather  real than personal and   light affirm that it be a mix action but all the  court conceive a annuity bring by bill there be well bring for be a annuity  which charge the person who grant it though with a clause of distress not be  grant by he for himself and his heir until election make and a distress take  be mere personal vide Edward long quint Edward and therefore a release of  action personal be clear a bar Noy for the defendant in the writ of error also  move that this be not assign for error the plaintiff shall not have advantage  thereof for the statute refer that suit shall be as in north Wales and clear  in north Wales the custom be to sue by bill or plaint and if he have assign  that for error the defendant here may have maintain it by the custom of north  Wales as in the yearbook Edward error be assign of a judgement in Wales in a  quod ei deforceat in nature of a seize and in Wales the seize be allege post  ultimam peace call out whereas in England it be post chiefs transfretationem  and it be maintain by custom of north Wales in Hilary term Edward roll in this  court croak car error be assign because they hold plea of land in north Wales  where the land be hold of the king in capite and for that cause it be reverse  and the reason enter upon the roll so it appear they have jurisdiction to bold  plea of land not hold of the king and that jurisdiction by the statute be in  the affirmative as it be hold   dr foster case and Henry dyer and a statute in  the affirmative do not take away a former statute but they stand together but  the court do not rely on this point because for the former reason they all  hold that this judgement be good enough and the judgement be affirm