case lee against garret in debt on a bind condition to pay to the  administrator of the obligee within two month after his death a plea that he  be ready to pay it but that no administrator be appoint without say encore  pres be bad SC ray debt upon bind condition to pay money to the administrator  of the obligee within two month after his decease the defendant plead that  there be no letter of administration grant in two month and more after the  oblige death and that he be ready to have pay it but that there be no  administrator to receive it the plaintiff demurrer for want of a uncore priest  pollexfen there needs no tender because it be render a thing impossible by the  act of God and therefore the tender be excuse when the condition be general  and without place we must seek he if within the four sea but if beyond sea the  forfeiture be save but yet when he return the principal be due but when the  act be make impossible it be become no way Obligatory and a tender be execute  sander e contra if it have be a collateral act and the matter have become  impossible afterward it will have be void but not so where the condition be  parcel of the duty contain in the obligation a if bind be for payment of money  n   cro Elizabeth hob see sand oh Inst Codex Jur ecclesiastical a Jones shower  KB er p before Michaelmas to a and a die intestate before that time and no  letter shower KB of administration be grant before that time the forfeiture be  save yet the debt be not lose and judgement for the plaintiff
case lee against libb see the case and the argument ante a will attest by two  witness and a codicil confirm the will attest by one witness be not good SC  ante SC Eq Abr SC Mod SC salk SC comb SC Carth SC Rep Eq SC holt holt chief  justice now deliver the opinion of the court the question on this special  verdict be if this be a good will we be all of opinion that this be not a f  latch g saverne v smith cro car SC roll Rep SC palm SC bendl SC godb h   godb  I cro James king SC   Cop shower KB er p good will within the statute here be  a bequest a devise not attest by three witness the Act require that the party  sign the will in the presence of three witness the three witness be not a  witness to the first and can prove the first whereas the three witness be to  prove all thing the statute require judgement for the plaintiff
case lee against norris easter term Elizabeth roll if a stranger enter upon  the king lessee he gain a possession without take the reversion from the crown  Leon run eject but now by Geo c a possession of year except to liherties and  franchise will he a bar even to the king prerogative in this respect see also  James c Bac Abr ejection firm the plaintiff declare of a lease by I S the  defendant say that long time before the lease and ejectment the queen be seize  of the land and let it to b for year who let it to the defendant for two year  upon who I S the lessor of the plaintiff enter and expulse he and let it to  the plaintiff and upon this it be demurrer because the plea amount to  nonguilty croak Elizabeth gawdy the plea be good but if it Qj been in the case  of a common person it have n t been good without say he oust the lessee and  seize the lessor but here there can he no seize to the queen wherefore he say  enough that he put out the lessee for otherwise it be not good Edward pl for  otherwise his entr may he intend lawful but when he say he expulse he this  intend a unlawful entry and confess in he such a possession that he may make a  good lease against any but he that have right Fenner agree and by this entry  he have gain such a possession that the lessee of the queen may bring a  ejection firmce although the queen he not put out of the freehold which Popham  agree croak Elizabeth er p
case lee against russell Trinity term car roll in debt on bind to accept a  lease on request if to a plea of non to seek the plaintiff reply tender of a  lease without say of what land and issue on the request this aid the defect in  the replication Plowd cro Elizabeth Kitch   word shall be construe accord to  the subject matter in debt on bind to convey land in such a deed mention the  identity of the land need not be aver ante error of a judgement in the common  plea in debt upon a obligation condition that if the obligor accept a lease by  indenture of such land upon the plaintiff request and seal a counterpart  thereof that then the obligation shall be void the defendant plead that the  plaintiff do not request he to accept a lease the plaintiff reply that he  cause a indenture to be draw of a lease accord to the say condition and to be  ingross and a label to be affix thereto cum sera to weigh out and require and  offer to deliver it to the defendant to accept thereof and be refuse the issue  be upon the request and find for the plaintiff and judgement give and now  error bring and assign by roll and by Godbolt sergeant over as far as croak  car first that it be cum sera lip fastening and sera be no Latin word for wax  but signify a lock say non allocatur for it may be well intend for wax  secundum to throw under means second because be do not aver that the land  mention in the indenture be the same land in the condition but because he have  plead quod non to seek and he reply that it be secundum form creating  therefore if they be other land it ought to have be show on the part of the  defendant otherwise they shall be intend to be the same land the judgement be  affirm
case lee against SECOMHE word actionable ante hawk p c c S Bac Abr action for  these word he be false forswear in the court of the bishop of exon at exon it  be move in arrest of judgement that it do not appear he be swear in any  Judicial court for it may be in the yard of the bishop which be call his court  Fenner justice it be know to we that every bishop have his court that be his  consistory to determine cause and it shall he intend he be forswear there the  plaintiff have judgement a ante croak Elizabeth er p
case lee against vinncent easter term Elizabeth roll if a devise he that the  testator son in law shall sell the land and one of they die before the  testator a sale by the two survivor be good post SC dyer   light a I Leon Leon  and I roll ab more cro car Po on Dev the case be John lee devise his land to  William his son in tail and if he depart without issue that his son in law  shall sell it have then five son in law and die and after one of his son in  law die then William die have issue a daughter and afterward the daughter die  without issue the four sodden in law that survive sell it the question be if  this sale be good?George Wyatt argue for the plaintiff and Godfrey for the  defendant the point be two first for that the son die have issue although the  issue die without issue if the sale be good second one of the son in law be  dead and be a authority can survive but it be adjudge a good sale because he  name they not by their proper name Godfrey say it be adjudge Elizabeth where  one devise his land to his wife for life croak Elizabeth er p the remainder to  his soil in tail and if his son die without issue that his executor shall sell  the land by the advice of a and b and a die in the life of the son the sale  after the death of a be not good but if a have assent in his lifetime it have  be good
case lee and other versus carter and other November where there be a general  trust of money for a society a particular member can set off a private debt  against a share he may be entitle to on a contingency a voluntary society be  establish of a number of person to provide for such of the club as shall  become necessitous and likewise for the relief of the widow of those of the  club who die insolvent four person who be trustee for one particular year lend  pound of the stock of the society to carter the defendant who be a alehouseman  and at who house they keep their meeting upon bind this be do with the consent  of the majority of the society carter give some particular member leave to set  off their alehouse score against the interest they have in the money due upon  the bind from carter Lord chancellor I know no instance where there be a  general trust of money for a society of person that any particular member can  set off their private debt atkins er p against the share the that may be  entitle to upon contingency which possible may never happen to be the case of  these person this be so unwarrantable a behaviour and so unjust a defence that  carter and those person who have set off their alehouse score must pay the  whole cost of the suit and likewise the cost at law Reg lib b fol
case lee versus rook at the roll if one borrow money for another on a mortgage  of his estate he may file a bill against he to pay off the mortgage money and  so may every surety against his principal and shall not be put to his  indebitatus assumpsit and the covenant in the mortgage to pay the money will  bind he for it be proper his debt and his covenant and the mortgagor be only a  nominal person the defendant while he be under age borrow several sum of money  of Mr lee and Mr lee and his wife join in a fine and mortgage of their estate  to raise the money the defendant after he come of age promise to pay Mr lee  what money he mosely report er p have receive from he Mr lee die and the  plaintiff his wife as his executrix bring a bill against the defendant rook to  redeem and pay off the mortgage money and at the hear of this cause two  question be make whether this be a proper bill and whether the defendant since  the statute of fraud and perjure can be bind by this contract concern land  which be never put into write master of the roll the defendant after he come  of age have promise to pay the money this be to be consider as the case of a  person of full age and if I borrow money on a mortgage of my estate for  another I may come into equity as every surety may against his principal to  have my estate disencumber by he and the covenant in the mortgage deed to pay  the money will bind the defendant for the money be borrow for he it be his  debt and the testator of the plaintiff be only a nominal person but since it  do not appear what money the defendant receive the plaintiff by consent be to  bring a indebitatus assumpsit and the defendant be not to take advantage of  the statute of limitation and be to pay pound to the plaintiff admit by his  answer to have be receive and the bill be to be retain till after the trial  mosely report Friday April the that motion
case leech against morris executor of Adam Michaelmas term car roll a  declaration in debt that inter alian it be award be bad S C keb lev side  comens Peer wms Peer wms in a action of debt for not perform a award the  plaintiff declare that inter alian arbitration to be c Twisden justice that be  nought a it be say keb that judgement on demurrer be give for the plaintiff  and see Litt comens dig arbitrament I and I kid on award page and burr Rep a
case leech case name a defendant of any parish without show in what county it  lie be bad Inst dyer Com dig hawk u Bac ab ante Henry c in proclaim outlawry  there must be twentyeight day exclusive and inclusive between each county  court error bring by leech to reverse a outlawry upon the statute of Elizabeth  c of perjury the first error assign be for that he be indict by the name of  Nicholas leech of the parish of Aldgate and do not show in what county Aldgate  be and for this cause it be reverse although it be object to be well enough  because Middlesex be in the margin so the parish shall be intend to refer  thereto but because a indictment shall not be take by intendment and because  the county in the margin shall be refer to the place where the offence be  commit and not to the habitation of the party and by the statute of Henry c  there ought to be the addition of the place and county where the party indict  inhabit therefore it be hold to be ill and reverse croak James er p second for  that a county court be hold February and the next county court be hold march  follow so as there be not twentyeight day between those two county court as  there ought to be by the law exclusive and inclusive and for this cause also  it be hold to be erroneous but Tanfield justice say it ought to be assign as a  error in fait for it may be leap year and then it be good and that matter  issuable
case leek case the addition of the defendant name must he before the alias  didus Ant hale he be indict by the name of John leek alias style de debt and  it be hold to he ill for he ought to have his addition before the alias speech  and so it be rule in Grimes case although both the name he not recite in the  alias a see Geo c croak Elizabeth er p
case Legard versus sheffield and other July if a plaintiff who be of age do  not reply it be a admission of the fact in the answer but a infant can admit  nothing and therefore his not reply do not affect he Lord chancellor the  plaintiff a infant have not reply to Lord Mountjoys answer who by his pedigree  make himself to be one of the heir at law to the duke of Buckinghamshire and  if the plaintiff have be of age it will have be a admission of the fact in the  answer but a infant can admit nothing and therefore his not reply do not  affect he contra Thurston v Dechair p W note and for this reason you must read  the evidence of the pedigree that I may judge whether it be clear make out  this defendant be a heir at jaw
case LEGASTICK versus COWNE see smith v porter Binney U S at the chancellor  house Lord chancellor the testator devise his land to two executor equal to be  divide between they Willing they to pay his debt to a bill bring by a creditor  the executor plead the statute of limitation Lord chancellor I know Lord  Cowper be of opinion that where land be devise in trust for the payment of  debt debt bar by the statute shall be pay but to my knowledge the lord be of  another opinion in the case of the earl of Strafford I know no power a court  of equity have to control a act of parliament and if land be give to executor  for payment of debt they be as much legal asset as the personal estate but  under the notion of a trust you will have I subvert the statute and the debt  have be due to the plaintiff since and therefore I allow the plea Farres Lord  wharton versus sir John Robinson salk vern salk mosely report er p Wednesday  July the d petition
case LEGINHAM against PORPHERY Trinity term car roll a custom to commute suit  and service at the lord court for a sum certain be good and a tender and  refusal of the money be equal to payment S C keb S C side S C vent side Mod  Mod comens show Abr Eq ld ray ld ray Peer wms replevin and avowry for not do  suit the plaintiff set forth a custom that if any tenant live at a distance if  he come at Michaelmas and pay eightpence to the lord and a penny to the  steward he shall be excuse for not attend and then say that he tender  eightpence c and the lord refuse it c pollexfen I know no case where payment  will do and tender and refusal will not do hale chief justice have you aver  that there be sufficient copyholder that live near the manor modern er p  pollexfen we have aver that modern there be at least one hundred and twenty  hale chief justice sure tender and refusal be all one with payment Twisden  justice a award be make that super reception ten a balance a man shall give a  release there tender and refusal be enough judgement for the defendant a  judgement be give for the plaintiff for the court be of opinion that the  custom be good and well plead S C side S C vent S C keb a
case leicester against foy quaere whether it be a good modus to pay from April  to November every ten day milk skim and make into cheese in lieu of all tithe  milk SC ld ray prohibition be move for to stay a suit by a vicar in the  spiritual court for tithemilk upon a suggestion of a modus that the inhabitant  of that place do from such a day in April until all saint pay every ten day  milk skim and make into cheese and ration ind be discharge of all tithemilk  Eyre against the prohibition it be true make the tithe of one crop into hay  will be a good cause of discharge of tithe of aftermowth but he deny that it  will be a good modus to say that for make the aftermowth into hay they shall  be modern er p discharge of tithe of the first crop and this modus amount to a  non decimand of the cream contra be urge the case of Austin v Lucas cro  Elizabeth more a a modus to pay the ten cheese make from such a time to such a  time in lieu of all tithe milk and though it be but for part of a year yet be  what they be not bind to do it be a good discharge of tithemilk all the year  see latch raym b suppose it be to pay a groat a year for all tithe milk it  will be well and why not this and though the court do not like the modus as  seem very severe on the vicar yet to settle the point which they think of  great consequence they grant a prohibition direct they to declare forthwithThe  declaration come on to be argue in Trinity term whether but the decision of  the question be evade by the court grant a consultation because the plaintiff  have not prove his suggestion within the six month require by Edward c S which  Act it be agree extend to prohibition to suit for small tithe as well as great  SC ld ray but see hill v Vaux ld ray S c salk SC Carth SC Mod a
case leigh against GOTYER on a promise of quiet enjoyment a breach that a  stranger distrain be not good without show elder title ante dyer cro car Leon  sand Mod vent hob   Vaugh Lut Mod dougl term Rep term Rep assumpsit whereas  upon the June James at d the defendant demise to the plaintiff a close call  the leer for two year in consideration whereof the plaintiff adtunc et ibidem  assume to pay for that lease twentysix pound and that the defendant adtunc et  ibidem thereupon promise to discharge and save he harmless from all charge  trouble and encumbrance and allege in fact that he have not discharge he of  all charge and encumbrance for one mary Everard August James distrain in the  say close four of his cow for a sum of money for which the say close at the  time of the distress be lawful charge and liable thereto and the say cow  impound and detain until he be enforce to pay the say money after verdict for  the plaintiff upon non assumpsit plead it be move in arrest of judgement that  the declaration be not good because he do not show that there be any charge  before due nor by who grant and it may be charge by the plaintiff himself  after the say lease make and therefore it be no express charge upon this  promise and for this cause it be hold to be ill by all the court wherefore it  be adjudge for the defendant
case leigh against shaw Trinity term Elizabeth roll if a man demise a rector  except the house save a chamber to the lessee the chamber passes by force of  the lease I wood coin Ejediontfirm e of a chamber the case be that one let a  rectory for year except the mansionhouse of the rectolry save to the lessee  the chamber now in question and whether this shall he say to he let for year  be the question Popham here be a exception out of a exception which be good  enough and shall make it pass by force of the lease for this exception or save  make the thing except as if it never have be let so a save out of a save make  it as if it never have be except and then it pass by force of the lease at  first to this opinion without any argument the other justice a agree and it be  adjudge for the plaintiff
case leigh against wood Michaelmas term pound Elizabeth roll tithe after  severance be laychattels vest in the parson and if the party detain they he  may sue either by the common or ecclesiastical law post roll ab Inst more godb  Carth latch Bulst palmer Bac Abr comy Rep ld raym stram burr burr prohibition  to stay a suit for tithe wherein he surmise that he set if orth his tithe and  afterward for some reasonable cause not show what in certain he have detain  part of they and that the parson have sue he for they in court Christian and  it be thereupon demurrer Fenner and Clench hold it to be good cause for a  probibition for by set out of the tithe they be become laychattels for which  he may have his remedy at the commonlaw by trespass or detinue and therefore  there be not any cause of suit in the court Christian gawdy and Popham contra  for against the party himself who set forth his tithe a suit be well  maintainable in the spiritual court if he detain they although the parson if  he will may have his remedy at the commonlaw but if a stranger take they after  they he set for that his remedy be only at the commonlaw and the Henry c S  prove it for the word thereof be if any do not set out or do detain or  withhold his tithe which be to he intend after the he set out he shall he sue  in the court croak Elizabeth Christian c for otherwise mischief will ensue to  the parson in that he will secret set his tithe forth so as the parson shall  not know thereof and will afterward carry they away et adjournatur
case lembro hamper false el corm ptiv be not sufficient on the Elizabeth c  without v oluntari post cro James hawk p c S hawk Bac Abr strange king v Cox  case in CrownLaw they be indict for perjury upon the Elizabeth c Tanfield take  exception to the fifdictment in that it be favu corruvtiv deposuer but not  voluntari and although at the end of the indictment it be such volunteer one  pities sorry for perjurium yet this do not help it and for this cause they be  discharge gawdy say although the verdict pass against that which the witness  depose solas no action lie against he yet he may he indict for it
case LENERET against rivet Trinity term James roll in assumpsit if the  plaintiff declare on two consideration he must aver the performance of both  and if one averment be good and the other bad the judgement on a general  verdict shall be arrest ante cro Elizabeth Yelv Jones hob ray term Rep c b  dougl to Rep assumpsit whereas one Thomas Ogle have acknowledge himself to be  indebt to the plaintiff in ten pound for diverse trespass do to he which ten  pound the a see hawk p c a Dowdales case   ante croak James er p plaintiff at  the defendant request be content to accept of that the defendant in  consideration that the plaintiff at the defendant request will acquit and  discharge the say Thomas Ogle of the say debt and permit he to carry out of  the plaintiff house certain good of the say Thomas ogle which be then there  assume and promise the plaintiff to pay to he the say ten pound at such a day  and allege in fact that he acquit and discharge the say Thomas Ogle of the say  ten pound debt and suffer he to carry away his say good out of his house and  that the defendant have not pay the say ten pound to the plaintiff accord to  his promise the defendant plead non assumpsit and it be find against he it be  now move in arrest of judgement that the declaration be not good because he do  not show how he acquit the say Thomas Ogle for it can be without deed which  ought to be particular show and although the consideration to suffer he to  carry out of the plaintiff house the say good have be a sufficient  consideration and be well allege if it have be by itself yet when it be join  with another consideration which be good if it have be allege to have be  perform it not be well allege to have be perform make the whole declaration to  be ill the court be of that opinion wherefore it be adjudge for the defendant
case Lenox against Boddington imparlance not necessary to have entry of make  practice of defending vim one plead a foreign plea after imparlance which can  not be but it be object not to be after imparlance because there be no entry  of make practice of defending vim et in an unjust manner but per curium that  be not necessary to a imparlance
case LENTHALS case a indictment must show in what county it be take and where  the offence arise post hawk Bac Abr I t Rep Lenthal be indict for the murder  of coke and the word be inquisition captan at Hereford c but show not in what  county Hereford be which shall he of necessity for the coroner or justice of  the peace can take a inquisition out of their jurisdiction also it show not  the place where the stroke be give and for these cause the indictment be hold  to he void
case leonard against bacon non tenure plead after after a feoff to avoid a  formedon be fraudulent Savil I Mod Com dig Bac ab Cowp dougl n I formedon the  tenant plead non tenure and upon this they be at issue a see Bac Abr in  notorious facts b see Geo c c the judgement be affirm on a writ of error in  the king hench vide post croak Elizabeth er p and it be find that before the  writ purchase the tenant feoff diverse person oh the intent to defraud they  which have cause of action for the same land and notwithstanding he take the  profit and this verdict be adjudge for the demandant for the feoff wonder S  void against he by the statute of Elizabeth c see Edward c
case leonard against stacy if a defraud b of good and sell they to c and b  after notice that c claim property therein repleuie they c may bring trespass  for the take S c post S c holt the case be a cheat buy a quantity of good from  the defendant upon credit and sell they to the plaintiff the defendant  discover that he be catch and that the good be come to the plaintiff warehouse  take out a replevin out of the sheriff court in London and with several other  take the modern good again and for this the plaintiff bring trespass holt  chief justice say in this case first that in replevin if property be claim and  notwithstanding the party replevies trespass will lie and the claim or notice  of property shall be the sole issue second if several person be declare  against and some under a simul cum to take off the evidence of those that come  under the simul cum something must be prove against they and likewise  endeavour use to take they as process take out against they c three if  trespass be against two or more and one demurrer and another plead to issue  the damage assess upon the issue shall affect he that demurrer if the demurrer  be rule against he so if trespass be for break a house and enter into a close  against one who plead not guilty as to one and demurrer to the other there the  jury must find damage several for the not guilty and conditional upon the  modern er p demurrer so if there be two defendant and they vary their plead as  to the parcel in the declaration some of the defendant here will give evidence  that they be no far concern than as appraiser to appraise the good holt chief  justice answer that there can be no appraisement in replevin and if there can  the take here be tortuous he be there all the while will be guilty of it  beside if the law give a man a licence for the do a thing in trespass you must  plead it and not give it in evidence upon not guilty
case leonard against stacy if a sheriff or any person in his aid make replevin  after a claim of property notify to he he be a trespasser ab beginning S c  ante S c holt trespass for enter into the plaintiff house and take away his  good the defendant justify by virtue of a replevin out of the sheriff court in  London and a precept thereupon to I S a officer and that the defendant come in  aid of he see Cameron v Reynolds that action for breach of duty of the office  of sheriff must be bring against the high sheriff though by default of the  under sheriff or bailiff Cowp b the plaintiff reply that before the take away  the good he claim property in they and give notice thereof to the defendant  the question upon a special verdict be whether the take away after claim of  property and notice thereof do not make he a trespasser ab beginning modern  the whole court hold that he be a trespasser ab beginning for although the  claim ought to be make to the sheriff or his officer because a claimer to a  person who come to their assistance be not enough to make the execution  illegal if the officer do not desist yet if it be notify to he who come in aid  that a claim of property be make be at his peril ought to desist and by all  the court judgement be give for the plaintiff
case LEPIOT against brown if there be father and son of the same Christian  name a declaration against the son in custodian mareschalli be good without  distinguish he by the addition of junior SC salk SC holt brown be remove by  habeas corpus into the custody of the marshal the plaintiff declare against he  by the name of I brown of such a place in custodian mareschalli and be plead  in abatement that his father live in the same town and that his name be I  brown too and conclude in abatement for the want of the addition of junior or  some other to distinguish he from the father and though this be by bill and so  not within the statute of addition yet by the commonlaw there ought to be a  addition to distinguish in this case of the son otherwise if the father be sue  for then I brown without modern addition will be take for the father and the  be in the custody of the marshal shall not help it first because there be no  description of the person second because the father may be there too and he  quote the authority cite in the margin yearbooks Henry pl the Henry pl b pl a  the Edward pl the Edward pl the Henry pl b the Edward pl a and Rastals entry a  holt chief justice suppose father and son be call John style and one by will  devise his land to John style this prima fancy shall be understand the father  but if it be make out that the devisor do not know the father c the son shall  take quod to be concess and suppose one deal with the son and know nothing of  the father shall he at his peril take notice that he have a father of the same  name c indeed the defendant by bring the habeas corpus bad conclude himself if  you have rely upon it if this be a original and the father and son have live  in different county there have be no occasion for the addition of junior and  per curian you shall have also say that the father be in custodian mareschalli  too and therefore respond ult nisi before end of term but the last day  Pengelly speak to it again let it go over
case LESAULD against dyer the rule that a term notice of trial after a cause  have sleep four term explain S c salk by the court and all the clerk the  meaning of the rule that after a cause have sleep four term after issue join  there must be a term notice of trial be that there shall be some actual  proceed within the four term for a proceed actual out of the four term though  by acceptation of law it may be within the four term be not enough as if a  venire facias be take out in the vacation after the four term test as it must  be in term so that in consideration of law it be of that term yet because in  fact it be after it be no such proceed as to bring the party out of the  necessity of give a term notice modern gold justice cite the case of cow v  hare in easter term in the ten year of William the three that if the cause  have any agitation within the four term as strike a jury or any motion in the  cause it will be a sufficient proceed and per all men clergyman notice any  time to sit cur within the last day of the last of four term be sufficient for  that show the matter have not sleep four whole term and the term of which the  issue be join be to be take exclusive for the rule be that proceed be within  four term after issue join so that if issue be join in modern er p Trinity  term and there be any proceed or notice before the end of next Trinity term it  will be enough and here it appear by the endorsement on the back of the venire  facias that it be take out in vacation and for want of compliance with the  rule the verdict be set aside
case let against jenning every return must he at a day certain cro Mod vent  raym I roll ab Cowper error of a judgement in a inferior court the error  assign be that the distress be award returnable at the next court after the  serve of the process and every return be to he at a day certain and it may be  the process shall not he serve within a year and the defendant be to have day  at every court otherwise the process be discontinue Elizabeth dyer afterward  for this cause the judgement be reverse
case let against mill Michaelmas term whether roll a plea in abatement that  the plaintiff receive order of knighthood good S c salk the defendant plead in  abatement that to take row military man et jam mile step forth and upon  demurrer it be resolve first that to take row military man be a very proper  way of express that he have receive the order of knighthood see the statute de  soldier second mile without addition be to be understand of a knight bachelor  which be part of a man name three that there needs no venue where he be dub a  knight because any thing that concern the condition of the person shall be try  where the action be lie fourthly that if a knight be sue and not so call it be  a good plea in abatement but it not be say that he be a knight tempore display  billae or after the last continuance the court order a to answer ouster
case letchmere and other against thorowgood and another sheriff OF London  Hilary term James roll a bankrupt good be vest in the assignee by the  assignment from the time the act of bankruptcy be commit but this relation  shall not operate so as to make the sheriff a trespassor for take the good  under a become facias test before though not deliver to he till after the act  of bankruptcy commit SC Mod SC comb trespass a by the assignee of commissioner  of bankrupt against the sheriff of London and other for take their good on not  guilty plead a special verdict be find to the follow effect one Toplady by  trade a vintner have a judgement against he on which judgement a writ of  become facias be award test the that April on the ensue day videlicet the that  April Toplady become a bankrupt on the that April the defendant take the good  by virtue of the become facias after this seizure and before any sale set  forth videlicet on the that may follow a extent issue out of the exchequer  against two person who be indebt to the king and by inquisition Toplady be  find indebt to they whereupon the good seize under the become facias be take  out of the sheriff hand by virtue of the extent on the d June follow the  commissioner assign the good to Topladys creditor afterward the good be sell  under the extent I now argue it again upon this point that though by the  statute of bankrupt the property of the good be vest in the assignee yet this  relation shall not work a wrong to make the officer trespasser who have a good  authority and take the good lawful and so be the case of Baily v bunning side  b the court clear that the verdict be against the plaintiff entire damage be  give and that this action lie not against the officer though trover will  against the party c and so judgement for the defendant
case LEUKNOR against huntly To dett on and a plea in bar that the debt  community nded be attach b the custom of London at the Suf t of three person  against the plaintiff  Is good ante ii post Leon Ch car Bac Abr Bl Rep debt  upon a obligation the defendarit plead that one Jacques bring debt in London  against the plaintiff and accord to the custom there attach this debt now  demand in the defendant hand and plead the recovery and judgement there c the  plaintiff reply that before the attachment the say Jacques bring debt in  the  queen bench against the now plaintiff for the same and hang that suit this  attachment be make c and it be thereupon demurrer Glanville for the defendant  move that the plaintiff shall he bar for although one can attach a debt in  London for that a suit be here depend in the queen bench as it former have be  rule in this court yet one who have conceive a action here may affirm a plaint  in London for the same debt and may make a attachment of the party debt accord  to the custom for there the debt in question be not touch by the attachment  and the plaintiff may now have plead this attachment in bar for so much of his  debt in the action bring in the queen hench the opinion of the whole court be  that the plea in bar be good and judgement be command to he enter accord a
case level against hall to debt on bind a plea of judgement recover be no bar  if the record be quod eat without die instead of nothing to take in hand per  breve Brownl Mod   light   Bac Abr debt upon a obligation the defendant plead  that the plaintiff bring another action upon the same bind in London and that  the defendant have thereto plead non be factum and that the jury find it be  not his deed the entry upon the verdict there be that the defendant shall  recover damage against the plaintiff c et qubd eat ind without die c but no  judgement quod to express grief nothing to take in hand per breve so there be  not any judgement as to bar he in another suit therefore the court hold that  the plea be insufficient croak throw michaelmas term James in the king bench  sir Thomas Fleming Knt chief justice sir Christopher Yelverton Knt sir David  William Knt sir John croak Knt justice sir Henry Hobart Knt attorney general  sir Francis Bacon Knt solicitor general
case levellin against Watkins outlawry reverse post error to reverse a  outlawry because the original be against levellin with a single l and all the  mesne process be versus Llevellin with a double Ll and the a by will mary e no  writ of capias shall issue for the fine to the king but the plaintiff shall  pay S d and he allow it against the defendant among his other cost and  therefore in c b they now enter that the fine be refit and in b r no notice be  take of any fine or capias at all Bl Com Carth salk croak Elizabeth er p  process be against two and the sheriff return quod non are invention and  dothnot say nec the dawn some and the judgement be for these cause reverse
case leveret against townsend either case or assize may he bring for  disturbance of common as by blow it ante post   b I Com dig Bl Com burr action  upon the case and declare that whereas he be seize of sixteen acre of land in  d and by reason of it have after harvest sever common in another parcel of  land of twenty acre adjoin there every year the defendant have blow this land  by which he be disturhed of his common after verdict it be allege in arrest of  judgement that he have a freehold in the land to which he claim common he be  to have a assize and not a action upon the case Henry pl Elizabeth dyer but  the court and coke who be of counsel of the croak Elizabeth same part hold he  may have one action or the other but coke say it be not express when the  disturbance be make and so may he before harvest and then no cause of action  gawdy and Fenner hold it well enough for the disturbance be by blow up the  land which be a nuisance and will remain so always but they will advice
case Levermore against martin in slander the word must he prove as they be lay  action for these word thou art forswear and perjure the jur find a special  verdict that the defendant say the plaintiff be a forswear f wonder to who the  plaintiff say will you say I be perjure the defendant say yes if you will have  it  The court conceive that upon this matter a action do not lie and it be  adjudge for the defendant
case LEVERSAGE against smith word which import a intent only to do the act  impute be actionable post   roll ab ld ray action for these word John  Leversage innuendo the plaintiff will have robbed the house of I S if I d will  have consent unto it he persuade I d unto it and tell he he will bring he  where he shall have money enough after verdict for the plaintiff it be move  that these word be not actionable for there be not any act do by the plaintiff  whereby he can he call in question nor be it such a slander whereby he can  have any prejudice but all the court hold they to he word of great discredit  and slander and concern he much in his credit and that the action well lie and  it be adjudge for the plaintiff croak Elizabeth er p
case levet against haw a father can maintain assumpsit on a promise make to he  to pay so much to his sodden in consideration of his son marry the defendant  kinswoman ante post salk Cowp assumpsit and declare in consideration that the  plaintiff agree with the defendant that I levet son and heir of the plaintiff  shall espouse constancy the defendant kinswoman and in consideration that the  plaintiff agree to assure to the say constancy land of l per annum for her  jointure the defendant assume to the plaintiff to give to I levet the son in  marriage with the say constancy l and allege in facto that the marriage take  effect and that the plaintiff have a vide ante note a croak Elizabeth er p  assure such land for the jointure and that the defendant have not pay to his  son the whereupon the father bring the action upon non assumpsit the issue be  find for the plaintiff it be move in arrest of judgement that the action ought  not to have be bring by the croak Elizabeth father for the son only be to have  advantage thereof but it be say on the other side that the promise be only  make with the father and all the consideration arise on his part and the son  be a stranger thereto and therefore the son can maintain the action but the  father but the court doubt thereof et adjournatur a
case levet case refer to Allen v flood a c word actionable ante post   a  action for word and declare that the plaintiff be a innholder in d the  defendant speak these word you house be infect with the pox and your wife be  lie of the pox adjudge actionable for it shall he intend the great pox and if  it be the smallpox yet they be actionable for it be a discredit to the  plaintiff and guest will not resort thither and it be adjudge for the  plaintiff and fifty pound damage give croak Elizabeth er p
case Levett against haw ante a father can maintain a action on a promise make  to he to give a certain sum to his son in consideration of marriage ante post  more Jones roll Bacon Max the case be now move again Popbarn be of opinion  that the action ought to have be bring by the son and not by the father for  the promise be make to the sous use and the ordinary covenant of marriage be  with the father to stand seize to the son use and the use shall he change and  transfer to the son as if it be a covenant with himself and the damage for  rionperf ormance thereof be to the son and of that opinion be Fenner Cler ch  doubt gawdy be absent touse of counsel with the plaintiff cite a case adjudge  in this court cardinal v lews where in consideration of marriage betwixt the  defendant son and the plaintiff daughter the defendant assume to give a stock  of l to his son and for nonperformance of that promise the father bring the  action and adjudge maintainable the court will he to show that precedent et  adjournatur and it be afterward adjudge for the defendant mich pl
case levins against randall in a action by the treasurer of a inn of court  against a member for due it be sufficient to aver they be not pay to the  treasurer S c ld ray S c ray Ent levins treasurer of grey inn bring debt  against Randall a member of that society upon a bind for forty pound condition  for payment of commons and other duty of the house upon condition perform  plead it be reply that grey inn be a ancient society c and that time c every  member thereof at his be call to the bar shall pay so much to the use of the  house and the necessary averment make the first exception to the replication  be that it be aver that it be not pay to the house and it may be pay to the  treasurer say non allocatur for payment to the treasurer be payment to the  house as payment to the chamberlain of London be payment to the modern report  city second exception that this be in the nature of a nomin pn and therefore  not due till a actual demand which be not allege but holt chief justice sure  there be a difference between a bind and a nomin pn gold justice where the  thing in its nature require a demand a bind for do thereof be not forfeit till  demand and in that case the defendant must take advantage of the want of  demand by plead that he be always and still be ready to pay it for if be plead  performance general and the plaintiff assign a breach in his replication the  defendant shall not rejoin and allege want of demand for that will be a  departure quod holt chief justice to go away vide cro three it be object there  can not be a prescription for payment of shilling which be a new coin for the  old coin be mark but no heed be take of it and judgement be give for the  plaintiff nisi
case levuin versus okeley July in silk v prime cite bro Charles Rep the Lord  chancellor say that he have examine this case with the register book and find  it correct as to the point here mention to have be determine where a executor  be also the trustee for payment of debt the asset shall still be equitable and  not legal and the creditor must be pay acquire step there be a devise to  trustee for the payment of debt and the say person be make executor the asset  say the court shall notwithstanding be equitable and not legal and all the  creditor must be pay acquire step there be case in Vernon report in which it  be hold that where trustee be make executor vide Girling v lee vern c debt  shall be pay in a course of administration but the modern resolution have be  otherwise so Hickson v Witham finch anon vern challis v Casborn Prec Charles  Spencer v Biffyn post Newton v Bennet bro Charles Rep silk v prime bro Charles  Rep in note Barker v Boucher bro Charles Rep in note Batson v Lindegreen bro  Charles Rep see Blatch v wile ante vol note
case Lewellen versus Mackworth June S c barn Charles Rep a defendant to a bill  for the discovery of new matter must plead or demurrer and can insist upon it  at the hear a bill of review improper before a decree be enrol the evidence  necessary as to find deed after a decree be such only as the court think  reasonable the rule with regard to evidence be such as the thing to be prove  will admit of when a supplemental bill be bring for any new matter discover  since the hear of a cause before the former decree be sign and enrol if the  defendant to such bill be able to show that there be nonew matter discover be  must take advantage by plea or demurrer Baldwin v Mackown post vol and it be  too late to insist upon it at the hear Jones v Jones vol where a decree be  neither sign nor enrol you can bring a bill of review but a supplemental bill  in the nature of a bill of review standish v Radley post Wortley v Wortley  post vol more v more Ves it be not necessary there shall be a certain and  positive evidence as to the find of deed after a decree which if discover  before will have vary the decree but such evidence only as the court think  reasonable there be no rule of evidence to be lie down in this court but a  reasonable one such as the nature of the thing that be to be prove will admit  of villiers v villiers post
case lewis against CAWARDLY in the exchequer Chamber word actionable post hob  cro car action for these word thou do set upon I and take away my purse with  twenty mark in it go with I before a justice of peace I will charge you with  felony and it be adjudge that the action well lie on a writ of error be bring  in the exchequer Chamber it be assign that the word be not actionable but all  the judge and baron agree that the word be very slanderous and tantamount to I  do charge you with felony the judgement be therefore affirm a a say vide vent  Mod a say vide post cro Elizabeth contra croak James er p
case lewis against jones a judgement at a session of the king hold before the  queen be erroneous on a writ of error on a judgement from Wales a certiorari  to inform the court may issue although the record have be amend before upon a  writ of error of a judgement in Wales the placita be c at a great session of  our lord the king c hold before a r justice of our lady the queen c and it be  hold a fatal variance but it be doubt whether if they will amend below a  certiorari ad to shape conscient ought not to go and at another day a motion  be make by William for a certiorari that they may amend below and certify it  right up but it appear to the court that a former writ of error have be bring  and a certiorari and a amendment of such fault as have be then discover and  that this be the second writ and fault still they say they will consider well  of it before they will send any more certiorar for when will there be a end at  this rate and the court give leave to move again and it be afterward grant  absent holt chief justice
case lewis against jones a variance in trespass on the case cure by verdict S  c mark trespass on the case the jury find the defendant guilty of the trespass  aforesaid sir James Montague except against it because it be a variance for  that trespass predict be trespass in general letchmere answer that this be  help by a verdict quod concession to be sir James take another exception that  by the record it modern report appear that modern report er p damage be assess  by the court which will have be fatal but that it appear by the entry of the  judgement that the judgement mention the damage and cost assess per a swearer  and then it go on per cur predict modus et form predict which the court say be  idle and mere surplusage
case lewis against preston a plea to a bind to pay while letter patent be in  force must show how they become void SC skin debt on a bind condition to pay  so much money yearly while such letter patent be in force plea that from such  a time till such a time he do pay and a see Mod b roll Abr c cro James d sand  SC side keb e side f yearbook Henry pl dyer g   h dyer I Robsert v Andrews cro  Elizabeth king the court hold the rejoinder good and the plaintiff discontinue  SC Carth SC holt shower KB er p that then the letter patent become void and of  no force the plaintiff reply that they be in force et hoc petit quod to seek  after per native land the defendant demurrer and per curian the plea be ill  because it do not show how the letter patent become void
case lewis against walter the report false and malicious that one man accuse  another of do that which be a capital offence be actionable ante in slander by  way of hearsay it be not necessary to allege the time it be first report ante  this case a be now move again and all the justice except Houghton hold clear  that the action lie for be allege that he speak they on purpose to draw he in  question for his life it shall be take in the worst sense the defendant have  plead not guilty and be find guilty and if he have any other intention he will  have show it by way of excuse but as they be speak they touch he in his  loyalty that he speak in derogation of the prince which be a capital offence  if it have be true and to the second objection that he do not show when he  speak they it be not material for the party allege that he never speak they  and that the other never but now by car c after verdict no judgement shall be  stay or reverse for this omission nor by Ann c shall any exception be take  before verdict on this ground unless it be show for cause of demurrer a vide  ante croak James er p report they wherefore he can show any time of the speak  of that which never be speak whereupon it be adjudge for the plaintiff
case lewis against week a declaration in debt on a judgement in a hundred  court be good after verdict although none of the proceed be state SC comb SC  Carth SC holt debt on a judgement in a hundred court nil debet plead verdict  for the plaintiff move by Mr Northey in arrest of judgement that the  declaration be ill because only say recuperasset and do not set out the  process nor so much as the plaint per curian upon debate hold good after a  verdict because upon the trial they must prove it all or else can not have  have a verdict for where executor bring debt for rend on a lease by the  testator and do not set forth the title his testator have and it may be such  as the rend shall go to the heir yet after verdict hold they will intend such  a title in the testator as shall give the executor the rend judgement for the  plaintiff a
case lewis VANVIVEE against mich VANVIVEE a award shall he intend to he within  the term of the submission unless the contrary appear debt upon a bind the  condition be to stand to the arbitrament of I S of all controversy hetween  themi I S arbitrate that the defendant shall deliver to the plaintiff six  Kentish clothes which be barter by I d for the thread of the plaintiff and the  breach be assign in this point and after verdict for the plaintiff Fenner  allege in arrest of judgement that this be out of the submission for it appear  not there be any controversy for it and so void curian it shall he intend to  he incontroversy if the contrary he not show and that they be in the handsof  the defendant and it be adjudge for the plaintiff
case lews against bucknal Trinity term Elizabeth roll in replevin the verdict  must find all the tenure allege but in trespass or rescous any part be  sufficient ante post   hob   Com dig dougl replevin the issue be whether the  plaintiff hold of the defendant such land by fealty rend of S d and suit of  court and the avowry be for the rend the jury find a special verdict that the  plaintiff hold by the fealty and rend only and not by suit of court c and if  by this verdict the defendant shall have return be the question the court hold  that it be find against the avowant for in a avowry all the tenure allege be  material but in trespass or rescous if any part of the tenure he find it be  sufficient
case lews against hay Michaelmas term pound Elizabeth roll amendment error for  that the judgement be Elizabeth they Jo lews in misericordid whereas it shall  be Thomas hay it be amend by award
case LEYTONS case a indictment for a nuisance to the highway be bad if it omit  the word way et arms vent lie cro James Mod Yelv stram salk hawk p c the court  will not quash a bad indictment for a nuisance unless there be a certificate  that the nuisance be remove Richard Leyton be indict for that he at S in the  county of Middlesex have erect a barn upon parcel of the highway lead from and  conclude ad grave et common nocumentum all ligeorum ac to put under domini  king per way prediction eunti to go over equitanti c and Grimston move the  word contra peace be omit that the indictment may be quash Berkley and myself  be only in court agree that for this cause the indictment be ill and I hold  that it ought by the law to be quash but Berkley will not agree thereto  because the usual course be not to quash a indictment for nuisance in a  highway without a certificate that the nuisance be remove and avoid and  although there be a certificate by many of the inhabitant within the say will  and place adjoin that the barn be not erect croak car upon the highway nor the  highway straiten thereby yet he will not assent to have the indictment quash  but I conceive because the certificate be that there never be any such  nuisance erect and the indictment be agree to be vicious it ought to be quash  for the say error when it be apparent c for to traverse and try it be a charge  and to no purpose because the party in a action upon the case can recover his  damage and cost for false and malicious indict he although he be acquit  especial here when the indictment be total vicious
case lfit versus LBATT Reg lib b fol report correct in re cliff trust Ch at  the roll Eq can ab pl a will be make in French and the probate be in English  and vary from the original probate be in a different language be not  conclusive there be a French will the original whereof be prove in French and  under it in the same probate the will be translate into English but it appear  to be false translate peer William upon which it be object that the  translation be part of the probate and allow in the spiritual court it must  bind and the application must be to the spiritual court to correct the mistake  in the translation which until then must be conclusive but by the master of  the roll nothing but the original be part of the probate neither have the  spiritual court power to make any translation and suppose the original will be  in Latin as be former very usual and there shall happen to be a plain mistake  in the translation of the Latin into English sure the court may determine  accord to what the translation ought to be and so it be do in this case peer  William er p
case Lidston against the mayor and bailiff OF exeter return to a mandamus need  not be under the hand of the mayor or seal of the corporation they return a  mandamus and there be neither the hand of the mayor nor the seal of the  corporation to it and per curium it be well enough without it before the  statute of York the sheriff need not have set his hand to any return if the  return be false you may bring your action against the whole body politic for  make a false return and against a particular person for procure a false return
case light against hooper a conusance for rend must state a good title but if  it allege a deed indent without state the consideration queen if it be not  help after verdict on the issue of nothing in arrear replevin the defendant  make conusance as bailiff to the skinners company for a rend c and after rien  arrere plead verdict be for the avowant it be move in arrest of judgement that  there be not a good title set forth in one assignment for it be mention to be  by deed indent but no consideration and in another no attornment a see as to  this point of the case roll Rep cro car Yelv lev side cro James b that the  special damage must be particular allege see Jones and Browning v Newman  strange c it be say SC lev that after diverse motion the judgement be stay for  that young woman be teach to dance more frequent by man than woman the word  hermaphrodite unless special damage ensue be not actionable shower KB er p  wile justice he must make a good count of his title in his avowry for the  avowant be in nature of a plaintiff shower KB Scroggs chief justice plead rien  arrere and verdict for he seem to supply it for it be say army pron  interrog   to be seisitus in of his ut defeodo a and you come and say no and find against  you now if the plea and verdict help it be the question another exception be  that the place where he take the cattle pertineba manor and it may belong to  it yet be no parcel of it Adjornatur
case LIGHTFOOD against lenet the king grant of such toll as be take there et  alibi be void for uncertainty roll ab Cowp trespass for take two steer the  defendant justify by virtue of the king patent of grant to he and his heir  that he shall take at two bridge within his manor of Doncaster call saint mary  bridge and willow bridge such toll for the passage of beast as be use to be  take there et alibi infra kingdom England render rend per annum and aver that  at boroughbridge in the county of York there be use to be take sixpence for  every score of beast there pass and therefore twelvepence toll for the passage  of forty beast he justify and pray aid de king the plaintiff reply that at  those bridge never any toll use to be take it be thereupon demurrer and now  after argument it be adjudge that he shall be oust of aid for the grant of  such toll which be take there et alibi infra kingdom England be uncertain and  void croak throw the patent also that he shall have such toll which have be  use to be pay there well alibi c and the aver payment at another place but not  there it be therefore ill wherefore it be award that he shall answer
case lii   SC Tr James curian wardorum use Jointenancy a seize of land in fee  covenant for the advancement of his son and of his name blood and posterity to  stand seize to the use of himself for life and afterward to the use of his son  and such wife as he shall marry and the heir male of his body the father die  and afterward the son take wife the wife in this case have a joint estate with  her husband to they and the heir male of the body of the husband the  consideration raise the say use to the wife for without a wife he can have  posterity and the estate of the son shall support the contingent remainder to  the wife until the marriage and then the estate of the son shall change from a  estatetail in he alone to a joint estate as aforesaid by reason of the statute  of use of which vest the possession as the use be and the use be joint as  aforesaid Jenkins er p
case lii Cr Elizabeth   Nicholls case lev verdict Jeofails confession debt be  bring upon a obligation the defendant plead payment issue be Jenkins er p join  upon this and a verdict find for the plaintiff the plaintiff shall have  judgement by force of the statute of Jeofails if it be find with the defendant  he shall not have judgement for this payment be no discharge of the obligation  cro part in the first case it appear upon the record that the debt be not pay  and therefore though the plea be faulty the plaintiff shall have judgement in  debt upon a obligation the defendant plead that he seal and deliver the deed  to the plaintiff upon a condition which the plaintiff have break and so it be  not his deed a verdict find the condition break by the plaintiff yet the  plaintiff shall have judgement for the deed be confess and a verdict against  the confession of the party be void h
case lii e a tenant who hold by knight service from the earl of Lancaster die  his heir within age afterward another ancestor of this heir who hold of the  king in capite Jenkins er p die and his land descend to the say heir the earl  shall bold the say ware for both his tenant land and the body and shall not be  divest by this descent for it be a chattel vest by good and lawful title the  earl of Lancaster may grant the ware in the lifetime of the father si to fall  upon and so from heir to heir for he have jura regalia in the county palatine  of Lancaster this award be by the duke counsel accord to law Jenkins where  there be not such a chattel vest the king prerogative hold against the earl of  Lancaster if the king tenant in capite hold of the earl of Lancaster by knight  service and die his heir within age for tribe which voted first king ch only  except the fee of the archbishop of Canterbury and of the bishop of Durham  between tine and tese and of the lord marcher but the earl of Chester duke of  Cornwall the prince and the duke of Lancaster be subject to this prerogative  there be a seize of a manor a tenant of the manor die his heir within age the  disseizee enter he shall have the ware see my repertory title chattel a who  have jura regalia grant to b the guardianship cum to fall upon of the heir of  c his tenant a have another tenant videlicet d and the old soil of c be heir  apparent to d c die and afterward d die b shall have this ware for both body  and land although he be the heir of d and within age for it be vest before in  b by the death of c before the death of d if d die before c and land descend  upon the old son of c b shall not have the wardship of the land of d nor of  the body of the old son of c for c be alive who be his father
case lii h challenge roy information   light a in a information in the king  bench for the king and issue join and a panel return the king sergeant or  attorney may suggest to the court that the array be favourable make by the  sheriff this challenge shall be receive and try by triers by the justice of  both bench Justitia no one to say no be
case lii h Fitzherbert dower dyer dower judgement in dower the tenant vouch  the heir of the husband in the same county the heir demand the lie and deny it  this issue shall be try before the demandant shall have judgement in dower by  all the judge in the exchequerchamber in this case of dower the judgement vary  if it be find against the heir that he have land in the same county where the  writ be bring the demandant in dower shall have judgement against the heir if  the issue be find for the heir the demandant shall have judgement against the  tenant see e voucher e e Fitzherbert Resceit e Fitzherbert variance judgement  judgement
case lii James Cr hob Foxcroft and Lacy case slander description Nosme joinder  in action a bill be prefer in the starchamber against sixteen the plaintiff be  one of they and b say that John Farrer be murder by William Oldfield and have  discourse concern the say bill say also that the say sixteen defendant to the  say bill abet the say murder for these word the plaintiff be one of the  sixteen bring his action the defendant plead not guilty and it be find for the  plaintiff he have judgement affirm in error for the description of a person be  a slander to he although he be not name and be sufficient to maintain a action  and the plaintiff alone may bring this action and every one of the sixteen may  have the like action against the defendant
case lii mark dyer f n b dally pl protection I Inst a roll Abr prerogative  habeas corpus hob   a a be in execution for debt in the fleet and though he be  a necessary man for the war as be valiant and expert yet he can be enlarge by  the king protection to go to Berwick for the defence of the kingdom by the  judge of both bench see Baldens case Hobart Boitons case coke and the  resolution of the judge for the habeas corpus I car croak the r cap excuse the  warden of the fleet from escape in case of enlargement by the king commandment  or writ this writ be to be understand of Jenkins er p a habeas corpus the e  cap provide that if a be indebt to the king and also to b the king may protect  a from the execution but not from the suit of b until the king debt be satisfy  unless b give security to the king to pay he the debt of a
case lii two h f n b error bill de exception west ch in a assize upon a plea  or evidence not allow by the judge a bill of exception be make accord to west  ch but it be not enter of record the plaintiff have judgement a writ of error  be bring upon this bill the defendant in the writ of error who be plaintiff in  the assize and the plaintiff in the writ of error both confess that this be  the bill that be seal this be sufficient without award a to know facias to the  judge accord to the say statute ad understand well dedicendum factum for this  will be in vain by all the justice
case LIII   light b e e Fitzherbert coroner dr Hussey case   b a a monk be  indict of felony and acquit if he will bring a writ of conspiracy his abbot  may and ought to join with he in the writ judgement affirm in error a monk be  beat the abbot and monk bring trespass the abbot shall recover damage so if a  monk beat a man trespass shall be bring against the abbot and monk a monk or  feme covert commit felony a appeal shall be bring against the monk without  name the abbot and so of the feme covert it shall be bring against her without  her husband for it concern life where it do not concern life the abbot and  husband ought respective to be join where a monk or a wife commit a trespass  but in both case although the abbot and monk join in the writ of conspiracy  the abbot alone shall have damage but a husband and wife who join in the writ  of conspiracy shall recover damage together as well as in trespass commit upon  the land or against the person of the wife where they join in a action and be  plaintiff so where they be defendant judgement shall be give against they both  who coherent personae a mask to disjoin not to be able
case LIII   SC Trin James curian wardor tenant per Le courtesy issue Lidsads  case guard roy alienation a seize of land in right of his wife hold by knight  service in capite have issue by her the husband alien this land to b in fee  the wife die the heir be of full age afterward the father die ten year after  the death of the father a office be find of this matter the king in this case  shall not have the mesne profit for b be in by title the king may seize the  land and make livery to the heir for the entry of the heir be congeable by h  if no tenure have be of the king the heir shall not have the mesne profit by  his entry and the king in case of tenure where another be in by tide shall not  be in better case than a subject in this case a office serve for entry for the  king
case LIII e dyer Yel rescous return Le viscount upon a capias direct to the  sheriff against a the sheriff return a rescous by I S of dale yeoman and  mention the year and day but not the place where the rescous be commit this  return be void for it can be travelsed for want of a place out of which the  jury shall come but upon this return the rescuer upon his appearance shall be  commit and afterward receive to his traverse or exception to the indictment  for a rescous be a great and heinous offence in violation and contempt of  justice and this want of a legal form shall not excuse he from imprisonment in  terror exemplum by the judge of both bench
case LIII h Jointenants petition to know facias joinder in action there be two  jointtenants in fee their land be seize into the king hand each of they may by  himself sue a petition of right to the king and if the king have grant this  land upon a to know facias upon such petition against the king patentee the  jointtenancy of the plaintiff be not a plea for the patentee by all the judge  this also seem to be the law in a to point out de law and a traverse for they  be not proper action a action do not lie against the king but regular  jointtenants ought to join in action real and personal
case LIII James Yel hob rick case ejectment upon a lease make at dale of land  in the county of Somerset without mention any will where the land lie after  verdict and judgement this be error not aid by the statute of Jeofails this  case seem not to be aid by James cap by the word of the visne be mistake for  here be no visne at all Jenkins er p
case LILLCOTT versus compton Eq can ab pl S c plate shall pass by a devise of  household good vide franklin all v countess of Burlington ante p and case cite  in not there
case linch against hook if a make a bind in the name of b and be sue by the  name of b he may plead misnomer SC post SC salk per curian if a give bind by  name of b and he be sue by name of b be may plead misnomer and the other must  plead that be make the bind by the name of b and estop he by demand judgement  whether against his deed he ought to be admit to say his name be a and then  the defendant may rejoin and say that he make no such deed and this the  defendant must do without oyer for if be pray oyer he admit his name to be b  modern er p
case Lindsey against clerk to take in hand take away in trespass S c Mod S c  salk S c Carth the court the to take in hand in trespass be whole take away by  the statute will mary c therefore the judgement now shall be enter omit quod  to take in hand
case line against backhouse word import a trespass only be not actionable  action for those word he have heaten I and take away my purse and twenty  shilling in money  It be hold per curian that the word be not actionable  absent Anderson for it may be intend he take it as a trespasser for he charge  he not with felony
case lingard versus griffin die loveliness novemb in court lord commissioner a  fine and nonclaim a good bar to a equity of redemption so it be a bar to a  bill of review in this case among other thing a fine and nonclaim be allow to  be a good bar to a equity of redemption Vernon chancery case per Lord  commissioner Hutchins a fine and nonclaim allow a good bar to a bill of review  and cite sir Nicholas Stourtons case where a fine and nonclaim be allow by  Lord chief justice hale to be a good bar to a equity of redemption and it be  insist in this case that the fine be levy in eighty and the plaintiff father  die not until eightyfour and that therefore the fine be levy with proclamation  in the lifetime of the father and he live four year after that shall run upon  the heir though a infant and be a good bar but as to the fine in this case it  be insist it can be no bar for that the fine be levy upon the make of the  mortgage to lingard and to strengthen his security and therefore can be no bar  to the equity of redemption for that the very estate which then pass by the  fine be a redeemable estate Reg lib b fol there be a long statement of plead  in a cause of this name on a bill to redeem but the above point do not appear  to be agitate and no mention of it in the decree vide Welden v Dux Ebor ante  Vol
case lisset versus reave August a bill bring by a principal to discover what  good the defendant buy of his agent he demurrer for that he be not oblige to  set out what gain he have make by the retail the demurrer overrule a bill be  bring by some Leghorn merchant against the defendant to discover what quantity  of straw hat he buy of Sedgewick and Bernard the plaintiff agent and how much  money remain unpay that it may be pay to they for fear their agent shall be  insolvent the defendant demurrer to the discovery for that he ought not to be  oblige to set out what gain he have make by the retail of they Lord chancellor  where a principal transmit good to a agent or factor to be sure he may  maintain a action against the person who buy of that factor for what atkins er  p remain due to his factor contra where good be sell at the factor own risk  Scrimshire v Alderton stram vide I term Rep in the case of transfer stock it  be very often do by broker without the principal be so much as mention and yet  he may maintain a action against the person to who the stock be transfer Lord  Hardwicke therefore hold the demurrer in this case to be insufficient and  order it to be overrule
case lister against stanley in debt on a bind date march to pay the march then  next follow it shall be intend after verdict the current month S C keb roll  Abr a action of debt upon a bind simpson move in arrest of judgement the bind  be date in march and the condition be for payment super fivepercent tax  octavula they sound in mind and body prox following it be following which  refer to the day which shall be understand of the same month if it have be  following then it have refer to march and then it have be Payable the next  year but the court be of opinion that it shall be understand the current month  simpson cite a case of read v Abington wherein be say it have be so hold
case Littleton against coal a declaration for negligent keep a fire by which  the plaintiff house be burn videlicet in wall distribution equipment c be good  a action on the case be bring for negligent keep his fire by reason whereof  the plaintiff house be burn videlicet in wall in distribution window in need  blacksmith et ornamentiis the same house modern er p and upon demurrer this  exception be take to the declaration that it be too general and uncertain for  damage can not be give for the wall and ornament of the house as where  trespass be bring for take to visit genera apparatuumAllen a or trover for  good cum other implementis et necessary cro Elizabeth b not show what they be  and be hold ill after a verdict for the court can give judgement for such  uncertain parcel Salisbury v proctor post c it be argue for the plaintiff that  the action have be well bring without the videlicet for the enumerate the  particular be but matter of aggravation and inference and this be a action  wherein damage be to be recover they may be divide and the plaintiff ought to  recover for that which be well lie in the declaration and that be for  negligent keep his fireBy Ann c S No action suit or process whatsoever shall  be bad maintain or prosecute against any person in who house or chamber any  fire shall accidental begin or any recompense be make by such person for any  damage suffer or occasion thereby d the plaintiff have judgement easter term  the eight of William the three in the king bench sir John holt Knt chief  justice sir Thomas Rokeby Knt sir John Turton Knt sir Samuel Eyre Knt justice  sir Thomas Trevor Knt attorneygeneral John hawles Esq solicitor general
case Littleton against Hibbins Michaelmas term pound Elizabeth roll executor  must discharge debt of the high nature first more and Mod   b lev salk fitzg  vern go Bac ab and the case there cite to know facias against executor upon a  judgement against their testator in debt croak Elizabeth er p they plead that  before they have any conusance of this judgement they have full administer all  their testator good two pay of debt upon obligation and it be thereupon  demurrer and after argument at the bar adjudge for the plaintiff that it be  not any plea for they at their peril ought to take conusance of debt upon  record and ought first of all unless for debt due to the queen wherein she  have a prerogative to satisfy they and although the recovery be in another  count than where the testator and executor inhabit it be not material but if a  action he bring against they in another county than where they inhabit and  before their know thereof they pay debt upon specialty that be Allowable a  wherefore it be adjudge accord vide Henry pl Edward pl I
case livre   SC Tr James bailees case curian wardor office traverse dyer  palmer case it be find by a office upon a they to shut extremum that a die  seize de to make one messuagio sive tenement part One parcel of land recently  parcel manor of Newton in come Hereford and the other point of the writ be  find in this case no melius to seek after shall issue for the office be void  in the whole because that de to make one messuagio sive tenement be uncertain  and no will be allege where this message and pars lie so that no trial can be  have and the office find recently parcel dict manor which exclude it from be  now parcel of the say manor
case livre e Stamf indictment court by indictment at a great court hold with a  leet at a certain place day and year it be find that a have commit such a  felony this presentment be void for it do not appear whether the say  presentment be at the leet or at the courtbaron if at the courtbaron it be  void so such presentment at the countycourt with the sheriff turn be also void  for the same reason by the judge in the exchequerchamber h e h r a indictment  be the king count and ought to be certain for the year day place county and  fact it is necessary quod res certan to lead in judgment in personal action  the day year and place ought to be express in the count but not in real action  in waste when the defendant make default at the grand distress or in a quare  hinder or in a avowry in such case the plaintiff ought to count but he have no  occasion to count of a year and day for the defendant in one case and the  plaintiff in the other where such default be have no day in court to make a  defence but in both case a good title ought to be show in avowry where the  writ of replevin abate the avowant shall have a return for it appear that the  plaintiff have the cattle in a quare hinder where the writ abate the defendant  shall not have a return for perhaps his clerk be in if not he may recover by a  quare hinder as plaintiff and there can be no judgement where there be no writ  where the writ abate there be no writ in trespass the plaintiff count that the  trespass be commit such a day c to visit a day turn without show the day of  the continuance of it yet this count be good the continuance of the trespass  be to be prove in evidence for the increase of damage the law require four  thing in declaration and plead truth certainty order congruity Jenkins er p
case livre h h e by the judge of both bench detinue be bring against two  executor for good leave in the possession of the testator one of they appear  upon the distress the other make default he who appear shall answer without  the other by the equity of the statute of e ch which make this provision in  debt against executor Ubi eaden ratio be there eaden law executor by  representation be the same person with the testator Jenkins er p
case livre James hob Tredways case the heir of the king tenant in chief  whether recusant or not ought to take the oath of supremacy before livery and  if he go beyond sea without the king licence by James cap the next heir shall  have the land until the conformity of the say heir or his return into England  but the say next heir shall not have livery until he take the say oath
case livre post e a writ of conspiracy be bring against two one appear and  plead not guilty the other make default the jury find that be who plead  conspire with the other who make default the plaintiff have judgement affirm  in error for although be who make default can be convict of the say conspiracy  because he do not appear yet the law give such credit to this verdict that it  shall be intend to be true as to the conspiracy against he who plead until it  be disprove by a attaint to stand presumption while opposite direction to make  good
case lix ass pl several appeal of murder be bring against a he render himself  at the exigent and be commit to the marshal who negligent suffer he to escape  the marshal shall only be fine because the escape be negligent and a exigent  de to make new shall be award against the appellee and the gaoler shall pay  but one fine for one person at one time can escape but once by the justice and  the counsel Stamf a voluntary escape of a felon be felony in the gaoler  Jenkins the fine for a negligent escape of one attaint of felony be if he be  not attaint it be S interest republic ne criminal to stay behind unpunished
case lix Elizabeth   b Ughtreds case annuity count debt condition a grant a  annuity to b for life for maintain a castle in annuity bring upon this grant  the plaintiff need not show in his declaration that he have maintain the  castle for it be a condition subsequent as where a annuity be grant pro  consilis impendend and the estate be vest it be otherwise where a man retain a  servant by the year for a salary in debt for this salary the plaintiff shall  declare that he have do his service or tender it for this be a action which  ought to aver a consideration not where the covenant be reciprocal the one to  serve the other to pay for they have mutual remedy if the condition be  precedent the performance of it ought to be show in the declaration in the  case where a abbot grant a annuity pro council impendend in annuity bring  Jenkins against the successor the plaintiff in his declaration must aver that  the counsel be give to the the case cite   b have the predecessor in this  place successor for otherwise be be not liable to the annuity by the judge of  both bench
case lix h by all the judge in the exchequer Chamber inquest default and  appearance h debt the defendant plead a release make to he by the plaintiff  the plaintiff reply that this release be make by duress and upon this they be  at issue the defendant make default the inquest shall be take by default but  if the defendant be sue in debt have plead non be factum and have make default  at the trial he shall be condemned without take a inquest this have be the  practice of the law former the reason seem to be if the defendant have appear  and a Jenkins er p request have be take and it have be find against he the  king shall have a fine and the default of the defendant hinder this in  trespass the defendant plead a release and issue be join upon it that it be  not the plaintiff deed and the defendant make default in this case a inquest  shall be take for trespass be uncertain for the damage and a jury ought to  find they the debtis certain and appear to the court
case lix h e count plead averment in a formedon in the discender the tenant  plead seize in fee in his ancestor and that be so seize be die seize and that  the land descend to the tenant as to his son and heir and that he be under  twentyone year of age and be pray that the parole may demurrer during his  nonage judgement vas give that the parole shall demurrer the demandant bring  error upon this judgement and allege for error that the tenant have not allege  in fact that he be son and heir to his father but by way of supposition this  judgement be affirm for it be the usual form of plead and the most elegant and  more consonant to the Latin idiom adjudge and affirm in error Plowd in sir  Richard buckleys case Jenkins in a action upon the statute of h cap for a  undue return of knight of parliament the count be although to express grief to  be dainties per mayor rhythm to hold c this be rule good plead by the word  although to stand open constat to hold together be not good for it be not a  categorical affirmation the word testatum step forth in the declaration in the  king bench be good for there be precedent thus in the declaration in that  court croak note a writ of error allow in the principal case although the writ  be not abate nor any judgement give for the tenant nor against the tenant but  only delay award during the nonage of the tenant for this delay be a great  loss to the demandant the grant of view aid or a essoin where they do not lie  be delay but they be short little delay and a writ of error do not lie for  they but this award in the principal case be a very great delay
case lix James Cr roll hob dimmock case a bargainee of land in capite die  before enrolment after his death the deed be enrol within six month his heir  shall be in ware it be otherwise in the case of a recovery and death before  execution or in case of h fine sur grant render and death before entry or upon  a covenant to raise a use which be raise after the death of the covenantor and  vest firstin the heir in these case the heir shall not be in ware
case lix m James Holmes case in curian wardorum   S c the king have a ware  because of ware a office be find that the land of the ware because c be hold  of the king in capite or be hold of his ware during this wardship because of  ware there can be no traverse for during this wardship because of ware the  king hand can be amoved where a false tenure be find for the king of a tenure  by knight service in capite and the heir sue general livery the heir who sue  the livery be estopped but not his heir for this be a personal estoppel only  it be not a estoppel upon a special livery for the word of that be ut to say  and not positive
case lix mark ant dyer e stat Ebor e cap I clerk de assize verdict certificate  averment office viscount roll Abr Inst Ant post several judge in their circuit  take several verdict and die in the vacation before the return of the posteas  these verdict shall be receive by the hand of the clerk of the assize and this  be a better way than to award a certiorari for these verdict to the executor  of the judge for the clerk of assize be a swear officer also the entry shall  be in the common form postea ad who they to come part justitiarii ad assisas  to take in hand in person who c hic it distresses me record suum and against  this entry of record no averment can be receive that the judge be dead before  the delivery of the postea for this will be contrary to the record Byall the  judge of England west cap the justice of assize appoint the clerk of assize  the sheriff appoint the gaoler and county clerk the custos rotulorum appoint  the clerk of the peace these be removable at pleasure and determine by the  death of he who appoint they yet posteas may be receive by the hand of the  clerk of assize although his office be determine for he be swear to execute  the say office cursitor be appoint by the chancellor the exigenters and  philazers by the chief justice of the common plea and have their office from  he a sheriff make proclamation upon a exigent after he be discharge from his  office it be void h dyer
case Ll mark Br case dyer Stamf Inst cap treason see W cap two witness to  overt act or act of the same species of treason two witness be not necessary  for the trial of any high or petit treason for the statute mark cap ordain all  trial for any treason to be accord to the order of the commonlaw the commonlaw  never require witness or accuser but leave it upon the evidence to the jury I  e cap be in force for misprision of treason and there two witness be necessary  the say statute mark extend to the indictment and arraignment upon it for the  indictment and arraignment make but one trial and there be no trial without a  indictment at this day juror may be challenge peremptory for high and petit  treason the trial in a foreign county by h c be repeal by the say statute of  mark but the statute of h for the trial of treason commit beyond sea be in  force at this day for they be not triable by the commonlaw
case Llewelyn against williams fillip and morgan Trinity term James roll in  ejectment of a demise habendum a die act of giving the ejectment can be lie on  the same day but on a demise habendum from henceforth it may ante post   side    light Mod ld ray stram salk Mod Bac Abr comb ld ray run eject Powel on power  Cowp dougl ejectment of a lease make the that December habendum a primo die  upon not guilty plead the jury find a lease make in haec word which be date  the first of December habendum from henceforth but deliver the that December  whether that be accord to the declaration be the question for it be object  that from the day of the date and from henceforth be several commencement for  the one begin upon the day it be seal the other the day after but it be  resolve by the court that they be both one be a computation of time from the  time pass and both shall be plead to begin from the day of the date when the  lease be afterward seal another day but if he declare of a lease of the saint  of December habendum a die act of giving the ejectment can be allege the same  day but if the lease be make the saint of December habendum henceforth the  ejectment may be allege the same day wherefore it be adjudge accord
case llhoyd against pierce Hilary term James roll if several damage be give on  two issue and a entire judgement enter for both if one of the issue be  erroneous it shall be reverse for the whole ante   vent Bac ab strange dougl  to Rep to Rep to Rep action for these word thou art a bankrupt rogue and  account a common knave and thou art a thief and have steal my corn as to the  first word thou art a bankrupt rogue and account a common knave the defendant  plead not guilty and as to the other word he justify the issue be thereupon  join both the plead be find for the plaintiff and twelvepence damage give c  the first word and for the last word thirtynine shilling and cost for both But  the plaintiff have judgement for both it be for this cause reverse for the  first word in the first issue be not actionable the plaintiff be neither  merchant nor tradesman and the judgement be entire it be reversable in toto  for in the judgement the damage be conjoin although they be sever in the  verdict
case lloyd versus carew Eq Abr pl ante S c shower parliament case S c how a  guardian be to be appoint pale yellow Rep the decree make in the court of  chancery in this case have be reverse by the house of peer Jan without any  further direction and upon the precedent in chancery er p appellant petition  that march a further order make by the lord that upon the appellant pay to the  respondent or into the court of chancery for his use they shall be put in  possession of the estate the appellant apply to the court of chancery for a  execution of that order the respondent who be a infant be go beyond sea and  his mother who be his guardian in this suit be dead the court say they can do  nothing in the matter till a new guardian be appoint which as it be say can  not be but by bring the infant into court or his pray a commission to have a  guardian assign he and upon search the appellant do not find any precedent  where a guardian have be otherwise assign a though the respondent father have  by his will name other person to precedent in chancery be his guardian in case  of the death of his mother before his age of yet they though they act in other  matter will not intermeddle in this wherefore the appellant petition the lord  that receiver may be appoint to receive the rend and pay thereout to the  respondent the interest of the pound and the overplus to the appellant upon  hear the petition the lord order proof shall be make in the court of chancery  of the mismanagement of the estate and that the guardian name in the will  shall be decree to name a fit receiver and if they will not then the  chancellor to name one accord a order be afterward make by the master of the  roll in the absence of the Lord chancellor for a receiver to be appoint by  master who shall give security as usual de boundary S HILLARII in curian  porter
case lloyd versus carter November a give a woman who cohabit with he a bind  for pound and interest quarterly during her life and after her death to her  child but from the date of the bind to the date of his death which be four  year and a half constant maintain her Lord Hardwicke hold the maintenance must  clear be take to have be in lieu of interest a to who the plaintiff be  administrator live and cohabit with the defendant for several year and have a  long intercourse with her on a promise of marriage and during this  cohabitation he give a bind to a person in trust for the payment of pound and  interest quarterly for the benefit of the defendant who be a widow during her  life and afterher death to her child but from the time of the bind to the day  of his death which be four year and a half a constant maintain her the  defendant have sue the plaintiff at law upon the bind who come into this court  and by his bill offer to pay the principal and interest likewise since the  death of the intestate but insist he ought not to pay the interest accrue due  in the lifetime of the intestate because his maintenance of the widow and her  family after give the bind to the day of his death must be take to be in lieu  of interest atkins Lord chancellor this be a very plain case for the plaintiff  for he certain be not oblige to pay any interest accrue due in the lifetime of  the intestate because maintenance must clear be take to have be in lieu of  interest this cause be direct to stand over with liberty for the plaintiff to  amend her bill Reg lib b fol
case LNEVE against skill in chancery covenant without consideration Francis  LNeve seize in fee of a copyhold upon marriage of Oliver LNeve a distant  relation covenant to surrender to the use of himself for life remainder to the  say Oliver for life remainder to the issue of the marriage remainder to Oliver  in fee Oliver settle great part of his own estate on the say marriage with  provision for young child portion No surrender be make accord to the covenant  Francis die the wife of Oliver die without issue he take a second wife and  have issue Oliver die his issue by the second venture the heir of Oliver  prefer a bill against the defendant the heir at law of Francis for performance  of the covenant it be object that as to the heir of Oliver the covenant be  without consideration but Parker Lord chancellor be of opinion that his settle  his own estate upon the same marriage which may be a injury to his heir be a  consideration to raise a use to the heir and decree a performance of the  covenant modern report easter term the eleven of George the first in the king  bench sir Robert Raymond Knt chief justice sir Littleton powys Knt sir John  fortescue aland Knt James Reynolds Esq justice sir Philip York Knt  attorneygeneral sir clement Wearg Knt solicitor general
case lo against sander Trinity term James roll in what case word shall be take  in the worse sense ante post hob salk Com dig Bac Abr action for these word  thou have steal my wood it be demurrer in law whether the action lay?And  adjudge without argument for the plaintiff for it shall be take in the worst  part and wood be to be intend of that which be cut down accord to the ancient  rule arbour dumb to come into being lignum dumb to come into being not know
case lock against Crayton variance in action of account issue be join on plene  to sum up but the to swear falsely and distringa be de plea debt is owed and  hold nought for that be the only warrant for the judge to try it
case lock versus bennet July where there be mutual demand a defendant upon a  action at law may as well set off upon Geo the bankrupt act as in common case  under Geo see Ridout v borough Cowp where there be mutual demand between a  creditor and a bankrupt under the clause in Geo ch sect in which be these word  no more shall be claim and pay than appear to be due on either side upon a  balance of account state the master of the roll be of opinion that upon a  action at law the defendant may set off his demand against the plaintiff as be  do in other case by virtue of the statute of Geo ch sect and Geo ch sect and  that there be no occasion to come into a court of equity to pray a injunction  to a suit at law and that the plaintiff at law may account
case lockwood and other versus ewer may the representative of sir t c pray to  redeem pound eastindia stock transfer to the defendant the saint of April for  secure pound and interest at pound per cent to be retransferred on payment of  principal and interest the d of July follow sir t c die in the son bring this  bill in Lord Hardwicke refuse to decree a redemption dismiss the bill the bill  in this case be bring by the plaintiff as representative of sir Thomas cook to  redeem the sum of pound eastindia stock transfer to Mr ewer the saint of April  for the secure the sum of pound and interest at pound per cent Mr ewer have  execute a defeasance whereby he oblige himself to retransfer the stock on  payment of the pound and interest on the d of July follow sir Thomas cook die  in his son the survive executor have bring this bill to redeem in note the  length of time in this case if no interest have be pay nor demand make will it  seem have bar the plaintiff right of redemption see aggas v pickerel post vol  Lord chancellor this be a very plain case for the defendant in a mortgage of  land a bill of foreclosure ought to be bring but on a mortgage of stock it be  not necessary so Tucker v Wilson p W and therefore a strong reason for the  mortgagors depart from the right the admission of a codefendant to the  advantage of the plaintiff will by no mean better the case unless the  plaintiff have enter into proof by which he will infer some other kind of  evidence to account for his come so late to redeem it will be of mischievous  consequence if I shall decree a redemption in this case for the bill will  never have be bring if the eastindia stock have not increase in value which be  mere a accident and can not be foresee at the time the atkins mortgage be make  and therefore be very far from be a inducement to decree a redemption his  lordship dismiss the bill atkins er p
case lodge against fry easter term James roll in plead title to the reversion  of a copyhold it be sufficient to show a grant of the reversion ante post    light b cro car Plowd b will Com dig Bac ab term Rep replevin upon demurrer  the case be that the plaintiff in bar to the avowry show that the land be  copyhold land grantable in possession or reversion for life or in fee and that  the lord grant the reversion to he after the death of W who be tenant for life  and show the death of W whereby he enter it be hereupon demurrer because he do  not show the beginning of w s estate nor by who W have the estate grant to he  and it be hold to be no cause of demurrer because it be not the plaintiff  title but matter of conveyance thereto wherefore it be adjudge for the  plaintiff see Geo c S ante
case Loftus case if a husband make a lease of part of his wife term and die  the wife and not the executor shall have the rend ante say qucere fide Poph    light b a a bro car Plowd   roll ab godb keb vent will Bl Rep Cowp dougl notam  puckering demand the opinion of the justice in this case Loftus be possess of  a term for eighteen year and of another term in the same land in reversion for  forty year die intestate his wife take administration and enter croak  Elizabeth er p and marry I S who let it to I d for twentyone year render rend  and make his executor and die the question be if his wife or executor sb all  have the rend periam during the first term for year the executor shall have it  for the baron have give away all that term and no interest remain in the feme  and the rend by the indenture shall go to the executor but for the residue of  the term of twentyone year which be derive out of the lease for forty the wife  shall have it as annex to the reversion or term which the wife have Qucere for  the other justice deliver no opinion
case lomax versus bird Eq can ab pl S p he that come to redeem a mortgage must  show a title to the equity of redemption the plaintiff claim under the heir  general come to redeem a mortgage the defendant by answer set forth a deed of  entail entitle another person to the equity of redemption the plaintiff pray  he may redeem at his peril but the Lord keeper will not admit he to do it  unless he can make out the estate tail be dock a trial at law be order Reg lib  b fol S enter Lomax v Shalcrosse and Lomax v leigh
case lomax versus hide eoden die in court Eq can ab pl S c the second  mortgagee bring bill to redeem the first mortgagee who have be put to great  charge in foreclose the mortgagor cur the cost which the first mortgagee have  be put to shall not be tax as in case of a adversary suit but he shall be  allow all his cost and charge as be do in case of a solicitor who lie out  money for his client and the profit of the mortgage premise shall be first  apply to pay off those cost before they go to sink the principal the plaintiff  be a second mortgagee and come to redeem the defendant who have be at great  expense in lawsuit to foreclose the mortgagor and otherwise in Vernon chancery  case er p relation to the estate the court order that his cost shall not be  tax as in a adversary suit but that he shall be allow all his cost and expense  as be do in the case of a solicitor who lie out and disburse money for his  client and the like and the court further order that the profit of the estate  in question shall in the first place be apply to pay and satisfy what be due  for such cost charge and disbursement before it be apply to sink the principal  for that it be not reasonable he shall expect for it and be allow it only at  the foot of the account as have be usual do whereby to make he lose the  interest of what he have so lie out for ten or more year together vide vin ab  title mort Ch Rep Ramsden v Llangley post Vernon chancery case note the party  be in court the matter be compromise and the sum remain due to the defendant  agree on in court
case long against NETHERCOTE Trinity term car roll if debt by the assignee of  a reversion do not show the deed and lie the venue where the land lie or if  all inferior court erect within memory award process secundum experience  curiae it will be bad on demurrer post sand Plowd a I term Rep error of a  judgement in Sudbury in debt upon a lease for year by the assignee of a  reversion the first error assign be for that the court be hold by virtue of  letter patent of queen mary and the process be award secundum experience  curiae which can be by custom where the court be erect within time of memory  the second error assign be because the action of debt be bring suppose a  demise in Sudbury of land in d in the county of Essex whereas it ought to be  bring in Essex be bring upon the privity of estate and not upon the contract  the plaintiff be assignee of the reversion for where the action be bring by  the lessor upon the privity of contract it be say the action may be bring  where the demise be make although the land be in another county and be well  enough but where the action be bring by one as assignee of a reversion it  ought to be bring in the county where the land lie and not where the demise be  make the three error assign be because he claim by grant of a reversion and do  not show that it be by deed and without a deed or fine a reversion can pass  and for the first and the three error principal the judgement not be upon  verdict but upon demurrer be reverse
case long against Nixon the court will not discharge a rule obtain on the  common affidavit to change the venue on the ground that if the action be by  original the change it will create a variance this be a action bring in London  and the defendant move the court to change the venue a rule be make that it  shall be change the plaintiff now move to discharge that rule it be insist in  behalf of the plaintiff that this be a transitory action which the plaintiff  may bring where be please and that it be by the indulgence of the court and  for the ease of the party that venue be at any time change and that it will be  very inconvenient for the plaintiff if this venue shall be change because the  action be bring by special original there will be a variance upon change the  venue therefore it be convenient for the plaintiff that the action shall be  try in London it be say for the defendant that though it may be convenient for  the plaintiff yet it may be otherwise for the defendant to have this trial in  London and that there can be no inconvenience to the plaintiff though the  action be bring by special original for such action be frequent bring in the  court of common plea and there the venue be daily change the court will not  discharge the rule for the change the venue for if they modern report er p  shall then where a action be lie in London the venue will never be change and  as to the variance the defendant shall take no advantage of it though the  action be bring by special original
case long against WOODLIFFE judgement shall he give on a cognovil act  notwithstanding a error in the issue post cro James debt upon a obligation  which bear date in may Elizabeth and it be for payment of a lesser sum in  Decemher Elizabeth the defendant plead payment in Decemher Elizabeth accord to  the condition whereas it shall he Decemher Elizabeth issue be join qubd non  solvil and at the nisi prius the defendant do confess the action sure gubd non  to be able to dedicate act quiet non solvel Harris sergeant move in arrest of  judgement that this be no issue the confession that he have not pay be not  material and so judgement can he give for the plaintiff but the court hold  croak Elizabeth er p that he have confess the action the word who non to  loosen be not material but surplusage and it shall he adjudge upon his  confession and the plaintiff have judgement
case LONGDALE versus LONGDALE eoden die in court Lord chancellor Eq can ab pl  S c relief deny against the breach of a condition in a voluntary settlement  the father make a voluntary settlement upon his old son in tail male remainder  to a second son c in which be a proviso that if his old son do not pay the  second son pound at his age of twentyone year that then the estate of the old  son both in law and equity shall cease the proviso be that the old son shall  within two year after attain his age of twentyone year pay the sum of pound to  his father the settlor r l the father have afterward marry a second wife by  deed take notice of the former settlement and that his son have Vernon  chancery case not pay the money accord to the proviso convey the same land to  the use of his child by his last wife the plaintiff bill be to be relieve  against the forfeiture for nonpayment at the precise day but in regard the  conveyance be pure voluntary and the father may have put what condition or  restriction upon his son he think fit and the proviso be special that for  nonpayment at the day the son estate both in law and equity shall cease the  court refuse to relieve the plaintiff and dismiss the bill and the rather for  that the plaintiff have set up release against his father which be obtain by  surprise and the deed in law be defective and amount only to a declaration of  trust without cost in case the plaintiff deliver possession of the land in  question in pursuance of the decree otherwise with cost to be tax Reg lib b  fol enter Langdale v Langdale it be discretionary in a court of equity whether  it will aid voluntary conveyance where there be no remedy at law dict per  summer Lord chancellor bold v Corbett pre Ch
case lord against Francis action for a false return be local S c holt per  curian a action for a false return be local but may be lie in the county where  it be make or in that in which it appear on record and by holt chief justice  if one be irregular choose at first and afterward he be own by the town and  enter in the town book or regular choose into a superior dignity I shall take  what follow to be such evidence of a good election a as ought not to be  controvert
case lord anglesea case appearance for keep the peace not discharge till the  end of the term unless attorneygeneral desire it Lord anglesea stand upon his  recognizance for his keep the peace towards his lady a it be move to have his  attendance discharge in regard of his ill state of health he spit blood and  advice to go beyond sea for his health per curian by the course of the court  one be never discharge so till the last day of term without the  attorneygeneral come and desire it though it may absolute be do his attendance  be de die in diem and the court order they to produce affidavit of the truth  of what be offer and to move it again
case lord banbury case misnomer avoid both judgement and execution S c ld ray  S c all S c salk motion to set aside a judgement irregular enter up and to set  aside the execution thereon Charles earl of Banbury give a warrant of attorney  to enter up judgement by that name but the plaintiff enter it tip by the name  of Charles knoll Esq it appear that the bind be by the name of Charles earl of  Banbury c the court set it aside but say that if a nobleman will admit himself  to have a wrong name so that it can appear to the court that he be a Peer he  shall not after say be be a peer and so alter the nature of the execution a  see Lord Lonsdale v Littledale h Bl Rep a
case Lord Bernard case refer to sub nom vane v Lord Barnard powys v Blagrave  key sub nom Raby castle case turner v wright de g f I sub nom Lord Barnard  case baker v Sebright Ch d Eq Abr pl S c and n Eq Abr p viner Abr pl vern S c  salk S c pale yellow Eq Rep pale yellow Ch S c wms wms atk vezey and brown Rep  and n Vid fitzherbert naturan narrow places a court of equity will not only  grant a injunction to stay tenant for life without impeachment of waste from  deface the mansionhouse but will likewise oblige he to put it in the same  plight Lord Bernard be tenant for life without impeachment of waste and this  bill be bring against he by those in remainder for a injunction to stay his  commit of waste and by the proof in the cause it appear that he have almost  total deface the mansionhouse by pull down great part and be go on entire to  ruin it whereupon the court not only grant a injunction against he to stay his  commit further waste but also order a commission to issue to six commissioner  whereof he to have notice and to appoint three on his part or in default  thereof the six commissioner to be name ex part to take a view and to make a  report of the waste commit and that he shall be oblige to rebuild and put it  in the same plight and condition it be at the time of his entry thereon and it  be say that the like injunction have frequent be grant in this court and that  the clause of without impeachment of waste never be extend to allow the very  destruction of the estate itself but only to excuse from permissive waste and  therefore such a clause will precedent in chancery not give leave to fall and  cut down the tree which be for the ornament or shelter of a house much less to  destroy or demolish the house and so it be rule in my Lord nottingham time  Chan case
case Lord chief justice holt versus mill all Dec Eq can ab pl S c three  mortgagee buy in the first and bring bill to foreclose the second he need not  prove the money actual lend on the three mortgage the produce a acquittance be  sufficient the plaintiff have lend I S pound on mortgage and afterward  discover that the estate be premortgaged to the defendant get in a old satisfy  encumbrance and now bring his bill to compel the defendant to redeem or  foreclose Vernon chancery case it be object that the plaintiff in this case as  between he and the defend ant who be a purchaser ought to have prove the  actual lend and payment of the considerationmoney and the produce the deed or  a acquittance be not sufficient say non allocatur
case Lord Clifford case first seal after Michaelmas term before the master of  the roll in the absence of Lord chancellor vide vol Scythian plant Eq can ab  pl a sequestration nisi be the first process against a peer or member of the  house of commons though this be some hardship but if there be a sequestration  nisi against a peer for want of a answer and the peer put in a answer which be  insufficient yet the order for sequestration shall not be absolute but a new  sequestration nisi a sequestration be grant unless cause against the defendant  Lord Clifford for want of a answer afterward lie put in a answer which be  report insufficient it be now move for a sequestration absolute a insufficient  answer be no answer and in such case the plaintiff be to go on where he leave  off before the insufficient answer be put in master of the roll as in case of  a peer or member of the house of commons it be a hardship upon they that a  sequestration which in some respect be in nature of a execution be the first  process so when a sequestration be grant peer William against a peer nisi for  want of a answer it be good cause against such order nisi to show that the  answer be put in which must be allow for cause and when that answer be report  insufficient the plaintiff must move again de to make new for a sequestration  nisi which Goldsborough the register say be the course of the court vide  butler v Rashfield atk in which Lord Hardwicke doubt the propriety of this  rule although he pursue it in that instance S c nom Rashleigh v buller dick  see Gregor v Lord Arundel Ves
case lord coningsby case refer to mayor of London v Cox l r h l on grant a  trial at bar in ejectment by a peer the court will not oblige he to give  security for cost or waive his privilege S c stram Lord Coningsby bring a  ejectment against some of his tenant and move for a trial at bar the defendant  by their counsel thereupon move that modern report the plaintiff be a peer of  the realm and consequent not to be attach if the verdict shall be against he  may be oblige to make some responsible person to be his lessee or otherwise  that he will waive his privilege but the court reject the motion for if the  plaintiff be not worth anything be can not be oblige so to do and it will be  unreasonable that his peerage shall be a loss to he since every subject have a  right by birth to sue in the king court where no distinction be to be make of  person but see smith v park Mod a modern report er p
case Lord Coningsby versus sir joseph jekyll master of the roll in the duchy  Chamber Eq can ab pl on a demurrer to a bill if the demurrer be allow the  plaintiff may amend his bill Lord Coningsby bring a bill in the duchy Chamber  versus sir Joseph Jekyll who demurrer to the bill and the demurrer on argument  be allow afterward on motion Lord Lechmere then chancellor of the duchy give  leave to the plaintiff to amend which the defendant the master of the roll  strenuous insist to be utter irregular and the plaintiff ought to be put to  bring a new bill in regard that by the allow of the demurrer the cause be out  of court though before the argue the demurrer the plaintiff may have amend  agreeable to what be urge by the master of the roll it be say by Lord  chancellor Talbot December versus banns that after a demurrer to the whole  bill allow the bill be regular out of the court and no instance of leave to  amend it so Mitford smith v barn dick but sea Lloyd v Loaring Ves baker v  Mellish Ves peer William er p
case lord Cromwell against andrews rend pay before the day will not save the  condition of reentry if on demand it he not pay at the day attaint it be agree  by the justice that if there he lessee for year render rend and for not  payment a reentry and he pay the rend before the day to the lessor and have  his acquittance and at the day when the rend be due the lessor demand it and  none be there to pay it the condition be break for the payment before the day  be not a payment of the rend but of a sum in gross b second it be rule that  where a lease be make render rend at Michaelmas hetween the hour of one and  five in the afternoon and a reentry c the lessor come at the day at two of the  clock and continue demand till five and the rend be not pay he may reenter  although he be not at one of the clock when peradventure the lessee be there  and tender it c
case Lord Culpepper versus FAIRFAX ux all June Eq can ab pl S c a and b claim  each of they a rentcharge out of land by the same deed b can be no witness for  a s title to his rentcharge be a party interest until he have release his own  rentcharge the plaintiff bill be to be relieve touch a annuity charge on the  estate of the defendant wife Mr Cheney Culpepper the plaintiff brother be  examine as a witness for the plaintiff it be object against his evidence that  he be concern in interest have the like annuity by the same deed charge upon  the estate which be in fact true but the late Lord Culpepper have make he  another satisfaction in lieu of it and he release his annuity but that not  appear by any proof in the cause the court put off the hear and give the  plaintiff liberty to examine witness to prove that Cheney Culpepper have  release his annuity before he be examine as a witness in the cause Reg lib a  fol
case lord darcy against page Trinity term James roll in what case the tender  of marriage be traversable ante   light a   cro Elizabeth   a valour maritagh  the defendant tender a traverse upon the tender of marriage allege in the  count it be thereupon demurrer and after argument at the bar adjudge that the  tender be not traversable in this action for maritagium de mero jure to  stretch out lord and if the tender shall be of necessity the lord may be  defeat of the marriage as if one take a infant and go with he beyond the sea  or if he essoign himself to place unknown c and in valour maritagii upon the  death of the heir the executor shall not be charge but Warberton say that for  all heir a this statute be now repeal by Geo c which punish pretender to  witchcraft c with imprisonment and pillory see also Geo c by which they shall  be deem rogue and vagabond a see hawk p c and Cowp croak James er p female  because the lord have two year after her age of fourteen year to make tender  of marriage the tender be traversable wherefore it be adjudge for the  plaintiff by car c the valour maritagii be abolish
case lord fitzwalter case a person claim a free fishery a several fishery or a  common of fishery must show the foundation of his claim for the right isprima  fancy in all the king subject or in the owner of the soil S C keb S C lev S C  free Mod salk salk p wms davis Rep viner a trial at bar concern the river of  WalrFleet the question be whether the defendant have not the right of fish  there exclusive of all other hale chief justice in case of a private river the  lord have the soil be good modern er p evidence to prove that he have the  right of fish and it put the proof upon they that claim liberampiscariam but  in case of a river that flow and reflows and be a arm of the sea there prima  fancy it be common to all and if any will appropriate a privilege to himself  the proof lie on his side for in case of a action of trespass bring for fish  there it be print fancy a good justification to say that the locus in quo be  brachium maris in quo unusquisque lying near dom king modern Qet et to have  debet liberampiscariam in the river Severn there be particular restraint as  whirlpool c but the soil do belong to the lord on either side and a special  sort of fish belong to they likewise but the common sort of fish be common to  all the soil of the river of Thames be in the king and the Lord mayor be  conservator of the river and it be common to all fisherman and therefore there  be no such contradiction betwixt the soil be in one and yet the river be  common for all fisher c see the case of the royal fishery of the river ban in  Ireland day Rep salk carter v Murcot burr Seyman v Courtness burr black Com  the mayor of Lynn v turner Cowp dougl term Rep the mayor of Oxford v  Richardson term Rep
case lord Gerrard against lady Gerrard feme not dowable of coput barony but of  a capital message shall S c Mod S c lev S c salk S c holt S c ld ray S c comb  S c skin error of a judgement in dower from the court of common plea the  question be whether lady Gerrard be dowable of BrowtleyHall be plead to be  coput baron and per curian there be three sort of baron videlicet by tenure by  writ and by patent the first which be feodal baron hold a certain territory of  land per baron wherein there be a castle whereunto all the inhabitant in time  of war resort and these be the capita barony and there be no dower of they  because they be for defence by custom we call nobleman baron of such a place  but that be no barony for a real barony be when the king grant land rend c to  be hold per baron none of which have be grant since the time of king Richard  the second a see Linden v Blessingham Com Rep pagett v priest term Rep Edward  v Harben term Rep a cro see also Anonymous ante Hawkins v gardener post modern  report er p
case lord grey case a baron by writ be create a earl to he and the heir male  of his body have issue two son by several venture the old of who have issue a  daughter the barony shall go to the daughter and the earldom to the second son    W Jones see hall ms in Mr hargrave   light note p b where this case be  different report and explain see also collier claim of honour seldom work d  vol and Com dig in this parliament a question be move concern the barony of  Ruthen the case be that one be create a baron to he and his heir have issue a  son and a daughter by one venture and a second son by another venture and the  old soil have the barony and sit in parliament and afterward die without issue  the question be whether the second son shall have that dignity as heir to his  father or the sister shall have it as possession brother in land c and they  desire to have the opinion of the judge therein and all the justice resolve  that there be not any possession brother of a dignity but it shall descend to  the soil for the young son be haeres born and the sister be only haeres  fanctam by the possession of her brother of such thing as be in demesne but  not of dignity and such like whereof there can be a acquisition of the  possession accord to   light b and   a Ratcliff case
case lord harry scot against brace Redmond and other bail in error upon bind  with a penalty a bind be for the safe return of such a ship suppose under a  hundred pound penalty and judgement thereupon in the common flea and writ of  error here the question be whether there shall be bail within the statute and  per curian let there be bail nisi see Putt v cony stram a
case lord keeper all versus wile all February at the roll master of the roll  and Lord chief justice Pemberton Eq can ab pl S c defendant plead settlement  make after marriage in pursuance of a agreement make before and do not show  what the agreement be No good plea the plaintiff be mortgagee the bill be to  discover settlement and what estate the mortgagor have in he to this bill the  defendant plead two several settlement whereby the mortgagor be only tenant  for life the plea be overrule because the defendant do not offer by way of  answer to admit the tenant for life to be dead that so the plaintiff may try  the validity of these settlement at law for if they shall expect till the  tenant for life be dead their witness that can prove the fraud may be likewise  dead beside the defendant plead these settlement to be make after marriage in  pursuance of promise and agreement make before marriage and do not set forth  what those promise and agreement be so to bill charge fact of constructive  notice plea deny notice but not answer fact disallow Gerrard v sander Ves jun  the general rule appear to be that in plead there be the same strictness in  equity as at law story v Lord Windsor atk and must state positive fact and  date ibidem Edsell v Buchanan Ves jun Qure where plea and answer whether  charge in the bill must be meet by averment in the plea as well as the answer  price v price post Bayley v Adam Ves Vernon chancery case er p
case lord kingsale against compton venire test by award before issue join  record of Trinity term a award upon the roll to try the issue returnable such  a day error that the venire bear testae before issue join where the award upon  the roll be wrong the statute of Jeofails will not extend to it Powell justice  the statute of Jeofails will not help the erroneous award of the court this be  a writ of error and the error assign be that the record be of Trinity term the  venire be award modern report returnable tomorrow Trin which be before the  term now this be a wrong award of the court it must be intend returnable the  year after which be a erroneous award of the court and then there be nothing  to award the writ by the roll be wrong the court seem to be of opinion that  this be error and not help by the statute of Jeofails say adjournatur
case lord mordant against bridge word actionable more post action de  temptation to sin great man for these word my Lord mordant do know that Prude  robbed Shotbolt croak Elizabeth and bid I compound with Shotbolt for the same  and say he will see I satisfy for the same though it cost he a hundred pound  which I do for he be my master otherwise the evidence I can have give will  have hang Prude notam in truth he speak those word before justice schute in a  evidence in conspiracy b Prude v Shotbolt but it be not so allege now upon not  guilty plead it be find for the plaintiff damage a thousand pound and by  Popham and Egerton it be allege that the action do not lie for the word he  know c be not actionable for a man that know another have commit felony be not  bind to pursue he and as to the other word two he command he to compound c he  may lawful compound with the party robbed to stop his appeal and to the intent  he may get his pardon in the mean time but it be adjudge for the plaintiff for  the word shall be take as speak in the worse sense and to the disgrace of the  say plaintiff c a writ of error be bring in the exchequer Chamber and error  assign in the point adjudge
case lord nourice against the marquis OF winchester a tenant in tail remainder  to b a suffer a erroneous recovery the common vouchee release if a die without  issue b may reverse go by writ of error raym skin comb salk Bac Abr Cowp term  Rep p will p will p will error to reverse a common recovery have by the  ancestor of the Lord marquis against Lionel nourice who be tenant in tail the  remainder to the plaintiff the defendant plead a release of all error by  Thomas Chapipan the last vouchee and the common vouchee and demand judgement c  Plowden for the defendant argue that all the burden lie upon the last vouchee  for he be to make recompense to all and therefore he be to bring error and so  he may release error and bar all other and so it be adjudge Edward error but  all the justice croak Elizabeth resolve the contrary for the common vouchee be  put in only for form and in truth he render nothing and therefore it be  against reason that his release shall bar other that have the loss and be  entitle to have remedy by the reversal of the judgement gawdy if execution he  sue against the common vouchee so that he render in value then upon such a  averment the loss lie upon he his release shall bar the other quod Wray to go  away but here he render nothing and therefore shall release nothing they all  agree that the case of Edward be not law and it be adjudge that the release be  no bar
case lord paget versus read of Mars in court Lord keeper Eq can ab pl S c  husband though part from his wife charge in equity with his wife waste of good  which be devise to her for her life only several good be devise to Mr read  wife for life and after her decease to the Lord paget in this case although Mr  read and his wife be part and there have be great suit for alimony and she  during the separation have waste these good yet the Lord keeper think it  reasonable that the husband shall be charge for this conversion of the feme  the Lord paget title be paramount the feme and not under her a trial at law be  direct as to the good and the value thereof come to the hand of the defendant  wife but the suit be afterward compromise Reg lib a fol
case lord peterborough against williams queen whether a declaration of scan  mag set forth the pamphlet with in quo quidam little book to visit falsehood  et scandalosa a lie be contain be sufficient SC comb No cost in temptation to  sin great man temptation to sin great man on the statute of Richard c for  publish dangerfield narrative the defendant plead the same plea as he do to  the information in the king name a but a demurrer be thereto it be argue that  shower KB the declaration be ill and that there be nothing of slander in it  upon the plaintiff for they have aver none but only set forth the whole  pamphlet with a in quo indeed little book to visit falsehood et scandalosa to  hold together and mention none in particular which Mr pollexfen urge to be  nought and the court doubt it but the general opinion of the bar be that such  their doubt be not on the point but in favour to the defendant to gain he time  for a compromise it be think that he have pay sufficient before for that  offence for the manner of declare seem good and if upon the whole it appear to  the court there be any matter scandalous the action lie if otherwise not and  it be afterward agree as I be inform note in temptation to sin great man no  cost be to be give the plaintiff though a verdict be for he
case lord petre against Heneage a a inventory make by a executor and find  among his paper be evidence of asset trover by the plaintiff as administrator  cum will fastening of the late Lord petre against the wife of the first  executor for a necklace of pearl say to have be in the modern report family  for many generation and wear as a personal ornament by lady petre for the time  be or for default of such by the ladydowager pro tempore to prove the property  a ancient inventory make by the defendant husband be executor of Lord petre  now intestate be find among the ancient evidence of the family be allow for  the mention this necklace in it show he do not claim it in his own right and  none but a madman will inventory more asset than he have and though if the  question be whether Lord petre be proprietor or not he himself can not be  witness yet the executor by inventorying it have charge himself with it as  asset and there it shall be take as such and here by holt chief justice first  the wear of a pearl be a conversion a second good in gross can be a heirloom  but they must be thing fix to the freehold as old bench table c b three a  chattel in gross can be devise for life but one may devise the use of a  chattel in gross for life fourthly if one before administration take out give  away the good of the intestate and afterward take out administration he may  avoid the gift and five the jury can carry any evidence from the bar without  consent of both side except write under hand and seal c
case lord say case resolution in the case of shipmoney post Rushw Rushw App  roll ab action of trover and conversion of three ox take for three pound five  shilling assess by the sheriff of Lincoln upon the plaintiff towards find of a  ship upon demurrer at the bar holbourn be ready to argue bank attorneygeneral  move that he may not be permit to argue any of the matter contrary to the  judgement in the exchequerchamber betwixt the king and Mr Hampden wherein he  say four point be adjudge first that the writ be legal by the king prerogative  or at leastwise by his regal power second that the sheriff by himself without  any jury may make the assessment three that the inland county ought to do it  at their proper charge and to find man and victual out of their county for the  time in the writ mention fourthly that the sum assess be a duty and may be  levy holbourn offer to argue that any one who be not party to the former  judgement give in the exchequerchamber may be permit to argue against it but  Brampston Jones and Berkley the writ be allow to be legal say that such a  judgement ought to stand until it be reverse in parliament and none ought to  be suffer to dispute against it note that the resolution in Mr hampden case a  be adjudge to be against law and repeal by the statute of car c
case lord stafford against thin a caviasprofine lie against a peer for seize  and a assize de tenements  without say de lihero be sufficient ante post roll  Abr   a Inst hob hale hawk Bac Abr error of a judgement in a assize first  error that the demandant count of a seize de tenement but say not de lihero  property yet it be hold good for so much be imply second the judgement be  therefore to take in hand and copiasprofine lie not against a baron of  parliament Henry pl Henry pl Edward ph Elizabeth dyer but it be hold by the  court to be good for ft be upon a seize find upon which a fine be give by the  statute in which no person be exempt it shall bind a nobleman as any other and  where a fine be due a capias pro fine a be to he a this writ be abolish by  will croak Elizabeth er p award and for a contempt a capias lie against a  nobleman and this that contempt to the law so be Henry and the judgement be  affirm
case lord Teynham against Mullins Hilary term car roll a deed may be voluntary  and yet not fraudulent S C keb S C lev anle Abr Eq Mod pale yellow Eq Rep Prec  in Chan Mod vern vern case tempt Talb comens Peer wms Peer wms Peer wms a  voluntary deed may be good against the party who make it though it may be set  aside as against creditor or a fair purchaser Boughton v Boughton in chancery  December report Atkins a trial at bar about a fraudulent deed a the case be  thus Lord Teynham be seize in fee in consideration of marriage between his old  son and a Englefield and of a marriageportion of l to be pay which be  afterward pay make a settlement on his say soil and the heir of his body upon  the say a Englefield beget remainder to his second soil in tail remainder to  his own right heir Lord Teynham be at this time in debt and three year  afterward be sell the land for a valuable consideration and die the old son  and his wife also die without issue the question be whether under these  circumstance the remainder limit to the second son be fraudulent as against a  purchaser with notice of the settlement a covenant be insert in the conveyance  to he against all encumbrance save this remainder to the second son against  which he have take a collateral security?The court be of opinion that the deed  as to this remainder be not fraudulent see Cadogan v kennel Cowp do v  Routledge Cowp Stephens voliver brown Chan case Evelyn v templar brown Chan  case brown Chan case a hale chief justice there be three thing to be consider  fraud consideration and good fide now the good fide be opposite to fraud  remember a case in twine case b   cro James b if the sum be dissolute and the  father with advice of friend do settle thing so that he shall not spend all  though there be not a consideration of money yet it be no fraudulent deed and  a deed may be voluntary and yet not fraudulent otherwise most of the  settlement in England will be avoid and so say Twisden justice
case lord wharton against sir John Robinson Knt the parson can give evidence  on a question relate to the bind of his parish a trial at bar concern boundary  of land the parson of the one parish the land lie in two parish be refuse  because he may enlarge his own parish and by consequence the tithe but one who  about seven year before have take the profit under the title of one of the  party be receive a witness because now he may plead the statute of limitation
case LOUVIERE against LAUBRAY if a bill be protest for nonpayment and  afterward endorse to the drawer he may maintain a action as endorsee at nisi  prius in the court of queen bench London the case happen to be this Louviere  use to furnish Laubray with great quantity of stocking Louviere modern report  er p draw a bill upon Laubray Payable to such a one Laubray accept the bill  but some time after protest it upon this the bill be endorse to Louviere the  drawer who bring a action as endorsee modern report the question be whether  the drawer of a bill can maintain a action as endorsee Parker chief justice be  of opinion that upon evidence give to the court that there be effect of  Louviere in the hand of Laubray enough to answer the bill and that consequent  the acceptance of the bill be not upon the honour of the drawer the action be  well bring for when a merchant draw a bill upon his correspondent who accept  it this be payment for it make he debtor to another person who may bring his  action this therefore be such a payment as may be set off upon a former  account and plead in bar of such a action but if there be no effect then the  action will not lie for it will have be a acceptance upon honour only and the  money will be recover only to be recover again a see simmonds v Parminter will  and beck v Robley h Bl Rep notorious facts a note interest rule to be pay from  the time of the protest b see burr and the case of Harris v Benson stram  Auriol v Thomas term Rep b
case love against PLAYTER easter term car roll queen if a action can be  maintain for call a attorney dishonest without allege it to be in his practice  ante more action for word whereas the plaintiff be and have be a attorney of  the common plea for thirty year that the defendant to deprave he speak these  word thou art the dishonest attorney in England and if any be more dishonest  than thou art he deserve to be hang after verdict upon not guilty plead it be  find for the plaintiff and now move in arrest of judgement that these word be  not actionable because he do not say that he be dishonest in his practice as  attorney and it may be in other matter also he do not aver that there be alley  dishonest atorneys in England and the court shall not intend it without show  thereof and a precedent be cite of Walter v brown thou art as very a thief as  any be in England and he do not aver that there be any thief in England and no  judgement be there give for the plaintiff whereupon the court will further  advice but there be no judgement give herein for the party agree
case love against prin if a clerk lihel in the spiritual court for a common  assault a prohibition shall go more Inst Bac Abri Bac Abr prohibition for that  Prin lihelled against love before the high Commission that the say love heat  he or at leastwise assault he with a bill and will have strike he be a clerk  and call he oose and woodcock with many such word whereas such plead of  assault and battery appertain to the court temporal and now consultation be  pray for be do to a clerk the court spiritual may examine it but all the court  hold that a prohibition well lie for although for violent a hand injections in  clergyman the suit ought to be in the spiritual court as appear by articul  allotment of land cap yet for a assault only it be clear that the suit ought  to be at the commonlaw and for these word they be not actionable wherefore it  be not reason he shall he vex for they and it be order that the prohibition  shall stand
case love against Wotton Hilary term Elizabeth roll a repleader grant after  verdict in debt on a bind for the misrecital of the time when the statute  plead be make notwithstanding the party have admit the existence of the  statute by their plead ante burrow burr comens Bac Abr Bac Abr Doug debt upon  a obligation the defendant plead the statute of interest make that Feb  Elizabeth whereas the parliament do hegin the second of Feb Eliz and that the  obligation be take by usury the plaintiff reply it be not make for usury c  contra form to cause to stand modus et form prcedict upon this they be at  issue and find for the plaintiff and for that the statute be misrecited and it  be a general law of which the court be to take conusance although both the  party do agree there be such a statute yet the court well know there be no  such statute and so can be contraformam to cause to stand hold no judgement  can he give for the plaintiff it be in the bar of the defendanit the court  hold it clear ill and that a repleader ought to he although it be after  verdict and it be adjudge that there shall he a repleader mark dyer
case Loveday vers Soloman mitchell in c b when the defendant in replevin make  conusance or avow that the property be in himself it seem to be sufficient  without a traverse vin Abr title avowry c a pl d a pl this be a action of  replevin the defendant avow the take of the good as the good Self solomonis  and conclude with petit judgment return c to which the plaintiff demurrer and  show for cause that the defendant do not traverse the property of the  plaintiff and sergeant Cheshire urge that he ought to make such traverse for  when the plaintiff have allege a property in himself if the defendant  afterward allege property in himself or in a stranger this deny the property  of the plaintiff only by inference and argument but he ought to deny the  plaintiff property in direct term and so be all the precedent with this  difference that in some case the defendant allege property in himself or  another with a direct traverse and in some case the plea be that the property  be in the defendant and comens er p not in the plaintiff which be tantamount  to a traverse for the word non make a traverse sand sand lev SC keb SC Com dig  p a sergeant Selby reply that the precedent be both way herns plead brown Ent  I brown Ent a defendant may plead property either in bar or in abatement cro  James keb vent SC lev SC Mod salk SC holt SC ld raym SC Carth pale yellow fill  again d edit p infra p b Plac gentleman c pi gentleman Mod in it and per cur  it will be good both way and there seem to be no difference for the defendant  may have plead property in abatement or in bar and it will have be good  without a traverse and upon that issue shall have be join and therefore when  the defendant make cognizance or avow that the property be in the defendant it  seem to be sufficient for the defendant can conclude to the country but the  plaintiff ought to reply and upon that replication issue shall be join and the  property of the plaintiff must be prove
case lovel versus lancaster eoden die one devise b acre to a for payment of  his debt devise W acre to b which the testator have mortgage and likewise  devise to b all his personal estate b shall take the mortgage premise cum load  and though the personal estate be devise to b and the land be devise for the  payment of the debt yet the personal estate shall be subject to the debt I S  devise land to a b for payment of debt and devise to I d certain land which  the testator in his lifetime have mortgage and likewise give he his personal  estate the question be whether I d shall have the benefit of the trust for  payment of debt so as to have the money owe on the mortgage pay off by money  raise out of the trust that the land may come to he clear of the debt owe to  the mortgagee per cur he must take the mortgage land cum load and the personal  estate also though devise to he yet must be subject to the debt  notwithstanding land be devise for payment of the debt there do not appear to  be any direct devise of land for payment of debt the testator in his life time  convey to certain person by indenture of lease and release the premise therein  mention upon trust that they shall sell and dispose thereof for and towards  payment of his debt to such person or person and in such manner as he his  executor or administrator shall direct or appoint but no appointment by the  will appear so far as the same be state in the register book the decree direct  that in case the personal estate shall not be sufficient for l payment of the  debt then the trust estate to come in aid and be apply to pay what the  personal estate shall fall short to pay Reg lib b fol vide mead v hide ante et  vide Bartholomew v may atk Howel v price p wms and note
case lovelace against cocket Michaelmas term James roll in debt on bind the  defendant can plead the acceptance of another bind in satisfaction post Mod  cro Elizabeth cro James Hobart   Brownl burr Com dig see the case of mess v  mess Cowp debt upon a bind the defendant plead acceptance of another bind in  discharge of the obligation aforesaid and rule by the court to be ill
case lovelace against GRIMSDEN Michaelmas term pound Elizabeth roll and if the  join issue upon a void prescription be aid after verdict ante roll Abr salk ld  ray Com dig stram dougl to Rep to Rep post error of a judgement in the common  plea the error assign be that in trespass for take of five horse the defendant  justify for that one guillam be amerce for bloodshed within his leet and that  he and all those which be lord of the manor from the time c have use to  distrain the hest of any which come within the manor and be in the possession  of any man that be amerce in the leet for the amercement and say that these  five horse be in the possession of guillam for which he do distrain they c the  plaintiff take issue that they be not in the possession of Guillarn and upon  this issue be join it be find for the plaintiff and judgement give for he and  it be assign for error that the issue be join upon a thing mere croak  Elizabeth void and so no issue and not aid by the statute of Jeofails and the  court agree that if there he no matter of bar in the plea and the issue join  upon it this be void and not help by the statute of Jeofails but if the plea  contain matter of bar and issue be join upon a thing not material this be aid  by the Henry c but here be no matter of bar for the prescription be agree to  he void and then if no bar no issue and so can he no misjoining of issue when  there be no issue join and although the bar be ill so that the plaintiff may  have have judgement upon the bar yet judgement be give upon the verdict where  no issue be join be erroneous and the all agree that the that judgement shall  he reverse but they will advice till the next term croak Elizabeth er p
case lovelace against JENIPER Hilary term James roll a default in enter the  continuance be cure by appearance style keb side cro Elizabeth palm hawk p c  error of a judgement in the common plea upon confession the writ be debt for  forty pound the capias be award and all the process accord until the return of  the pluries capias and then the entry be quod to express grief to bring before  see in plea debt is owed forty shilling and the defendant make default and  thereupon a exigent be award and the defendant appear and plead and afterward  confess the action the error assign be that it be a discontinuance upon the to  bring before see in plea debt is owed forty shilling the process be award upon  that roll and there be not any continuance as to the plea of debt of forty  pound for it may be that there be such several action of debt then depend but  it be resolve to be no error for the appearance have save it for as appearance  save default in mean process so this save the default of the continuance by  the to bring before see and if the to bring before see have be in plea debt is  owed omit any sum it have be good so mention another sum it be clear good  wherefore the judgement be affirm
case lovelace against lovelace a devise to one and his old issuemale passes a  estate for life to one and his issuemale passes a estate tail post more Leon  ander   light b   b Savil Cas tempt hard ld ray stram Com dig Powel on Dev  burr dougl waste the case be I S be seize in fee of land devise it to I d and  to his old issue male he have no son at that time it be adjudge no estate tail  but for life only and if he hen have a son it be all one but a devise to one  and his issue male be a estate tail but here the word old will not permit that  construction croak Elizabeth er p
case lovelace against wilcocks Hilary term Elizabeth roll on a issue upon the  tenure of a manor the venire must be de vicineto manor post Yelv cro car hob  side Com dig error in the king bench of a judgement in the common plea the  error assign be for that in replevin of the take c at Kingsdown the defendant  avow for that the place where be hold of he as of his manor of Kingsdown in  the county of ken the issue be upon the tenure and the venire facias be de  vicineto de Kingsdown but it ought to have be also de vicineto manor de  Kingsdown for it shall be intend two place and not one nor that the manor be  in the same will and then the visne ought to be of both and of that opinion be  all the court wherefore the judgement be reverse
case lovelock against sorrel in covenant for not repair bring against a  assignee of a assignee the plaintiff need not set forth the intermediate  assignment a lease be make to W r and afterward the lessor bring a action of  covenant against the assignee of a assignee for not repair but do not set  forth the intermediate assignment the defendant plead that this lease do not  come to he by any mesne assignment of the lessee to which plea the plaintiff  demurrer it be insist to maintain the demurrer that the plea be too general  and altogether immaterial for if the defendant have the land by any assignment  from the original lessee be be subject to this covenant therefore he shall  have plead that the lease do not come to he and not that it do not come to he  by any mesne assignment and so be sand and sand on the other side it be argue  for the defendant that in a action of covenant against a assignee of a lessee  the plaintiff shall special set forth all the intermediate modern report er p  assignment and show how the defendant come to the land and not as assignee  general modern report but this be deny by the court and adjudge that the  declaration be good against the defendant as assignee general because it may  often happen that the lessor may not know all the intermediate assignment  there be no judgement give this term in the Trinity term follow a objection be  make to the declaration that the plaintiff have declare on a lease for year  thus far to come when by the very record it appear that the lease be expire by  the effluxion of time therefore he have declare on another lease but the court  give no judgement as to this point but say that in all action of trover the  usual form of declare be that the good come to the defendant per invention but  it will certain be a immaterial plea if the defendant shall deny the find as  in sand c
case Loveridge against whitrow attachment in London in this case it be rule  that if a bring debt in London against b and attach good of b in the hand of c  from who possession the good be not remove and b by certiorari bring the cause  into the king bench and put in bail the attachment be at a end and c ought to  deliver the good to b which if he do not do b may have trover or replevin but  the king bench will not compel he to deliver they because be be no party in  court and all thing now be as if there never have be a attachment
case Lovet against hawthorn a innuendo in a action of slander can superinduce  a fact which if true will alter the nature of the offence impute to the  plaintiff ante roll Abr yely   a cro James Bulst hob salk to Rep action for  these word I be sure that James Lovet do burn my barn innuendo a barn full of  corn I will have a bout with he for it if my Lord chief justice will have do I  right I have hang he for it after verdict it be move that a action lie not for  these word and of that opinion be Popham Cleneb and gawdy for if the word  without the innuendo be not sufficient to maintain the action this will not  help the burn of a barn unless there he corn in it S not felony and the last  word be not sufficient to enforce that he have burn a barn with corn and  therefore Popham say if one say I S have break my house I will hang he for it  this will not maintain a action but Fenner conceive that although it be not  felony unless the barn be with corn yet the wilful burn of any barn be a  odious act and a great slander to any if it he not true and therefore the  action maintainable but the other justice say it be clear that if the word do  not charge he with felony they be not actionable el adjournatur croak  Elizabeth er p
case low against low Elizabeth in the exchequer Chamber a term hold en auter  law do not merge by a dissent of the inheritance to the termor more and see  Leon where this case be report at large ander Ejectionefirmce upon special  verdict the case be Vincent low have issue three son and devise his land to  his second son for thirty year to perform his will and pay his debt and make  he his executor and if he die within the thirty year that then his three son  shall have such term as shall he arrear of the thifty year croak Elizabeth er  p and die the old sou die without issue and the inheritance descend to the  second son he die within the thirty year have issue the question be hetween  the uncle and the nephew if the three son shall have the land during the  residue of the thirty years?It be argue by Pigott for the plaintiff and  Heaumont for the defendant and adjudge for the uncle plaintiff for although  the term be extinct in the second son yet this be a new devise to the three  son for the word be that he shall have such a term c croak Elizabeth easter  t erm Elizabeth in the queen hench sir Christopher Wray Knt chief justice sir  Francis gawdy Knt John Clench Esq Rohert Scbute Esq justice sir John Popham  Knt attorneygeneral sir Thomas Egerton Knt solicitor general
case low and terry case if two person agree to do a act upon request and the  request he make to one and he refuse it be a breach as to both roll ab viner  wood con hearing complaint the case be two be oblige in a statute the  defeasance whereof be that they and their wife upon request shall make  assurance of such land as shall he devise the breach assign be that a deed of  feoff show what be offer unto terry to he seal and he refuse c whereupon the  plaintiff demurrer for it be allege that this request to one be void for it be  to he a Com dig croak Elizabeth er p make to both as Henry condition and Henry  Jointenants but all the Cotirt hold that the breach be well assign croak  Elizabeth for although the request ought to be to both yet they need not to he  together at the time of the request for then peradventure he shall never find  they wherefore if he require the one at one time to seal it it be good and he  may request the other afterward and it have be good but when one refuse it be  a breachpresently and therefore the statute be forfeit second it be allege  that the plea be uncertain for the deed tender be of land in the parish f  saint magnus and the devise of the deed be allege to he inparochiA saint  Margaret and the tender and refusal inparocAid speech which be uncertain for  it appear not which of the parish be intend but the court hold it to he well  enough for it shall he intend the parish mention in the plea and not the  parish mention in the recital of the deed
case Lowther versus Carlton February SC post SC barn Charles Rep a bill bring  to redeem against the defendant who have notice of the plaintiff title but buy  of the marquis of wharton who have no notice the objection allow for not bring  the representative of the marquis before the court or otherwise Carlton will  be deprive of that defence the plaintiff who be entitle to the equity of  redemption in certain land have bring his bill against the representative of  the marquis of wharton who be the mesne atkins er p purchaser and likewise  against Carlton who be the puisne purchaser the plaintiff have not reply to  the answer of the representative of the marquis of wharton and the question be  whether they shall not have be bring before the court as proper party Lord  chancellor the representative of the marquis of wharton deny he have any  notice of the plaintiff title at the time he purchase and it be admit on all  hand that Carlton who purchase of the marquis have notice of the title now if  I shall go on with this cause I shall deprive Mr Carlton of the benefit he  will have from the defence which be set up by the representative of the  marquis it be like the case at law of tenant by warranty c where one defendant  be allow to pray in aid the evidence of another defendant who have a interest  in the thing contest if it be of use or advantage to he in strengthen his own  case the plaintiff offer of wave his demand of a account of rend and profit in  the time of the marquis of wharton may have remove this objection with regard  to these defendant if there have not be a difficulty in another respect the  deprive Mr Carlton of the benefit of that defence which be set up by the  representative of the marquis namely the denial of notice and that bring it up  as I say before to the case of law at pray in aid and for this reason his  lordship allow the objection for want of party in not bring the representative  of the marquis of wharton before the court
case lucas against do Michaelmas term pound Elizabeth roll judgement reverse  for not show in what court it be give ante cow e t Rep error of judgement in  the court of Helston he show not what court it be croak Elizabeth er p nor by  what title it be hold and the count be in English and for these cause the  judgement be reverse a
case ludlow case the caption of a indictment must show before who it be take  Ludlow be indict upon the Henry c exception be take because the indictment be  ad sessionempacis tent at b and show not in what county b be but the county be  in the margin a second because it be not show before what justice of peace it  be take b and for these cause it be rule to he ill and he be discharge
case lug against lug marriage and the birth of a child be a presumptive  revocation of a will of personal effect S c salk S c ld ray it be decree by  the delegate of which Treby chief justice of the common plea be one that where  a have make a will and by it devise all his personal estate to b and c and  afterward a marry d by who he have several child and die without take any  notice of this will that this marriage of a with d amount to a revocation of  this will but that it be only a presumptive revocation and therefore if by any  expression or other mean it have appear that the intent of it be that it shall  continue in force the marriage have not be a revocation and the sentence give  in the spiritual court be affirm a
case LUPART against WELSON submission to a award import a covenant to perform  a action of covenant be bring on a agreement to refer all matter in difference  to a arbitration a difference arise about a certain demand and the arbitrator  award five hundred pound to be pay and general release to be give it be argue  that though no express word be in the covenant that the defendant shall  perform yet it shall be good by implication a dyer   roll Abr pl Allen lev  side vent Lutw a for wherever there be a equitable interest it be sufficient  to submit to a award b t Jones b holt chief justice the very refer a thing to  arbitration be a mutual under modern report er p take that each party shall  modern report perform his part of the award a see ld ray ld ray salk Mod a for  otherwise it can be say to be refer can one who be a stranger covenant that a  three person shall perform the award between a and b this indeed can bind the  man to a performance but it will be a breach of the other bind if a man assign  a bind and afterward bring a action thereon in his own name this be a breach  of the agreement for the very assignment import a covenant that the assignee  shall bring the action in the assignors name and recover and have the money to  his own use ancient if a award be make to pay a sum this may have be plead in  bar though without satisfaction because the law give a action of debt for the  money upon the award and so a remedy and though that law be now alter yet now  when two person submit to a award this amount to mutual promise
case lure against rest delay of the court ought not to prejudice suitor after  a writ of inquiry execute and before entry of the judgement which be delay by  the act of the court the plaintiff die modern report er p it be move that this  happen by the delay of the court judgement may be enter as of two or three  term ago in behalf of the motion be cite the case of Philip v Jackson where it  be say that if the court delay the entry of the judgement there judgement may  be enter as of two or three term ago without enter continuances
case LUSHFORD against sander easter term Elizabeth roll a proviso in a lease  that the lessor shall cut down the tree be a covenant and not a exception ante  lev wood Com dyer waste by the heir against the defendant executor of a lessee  for year the case upon demurrer be one make a lease for year by indenture  wherein be this proviso provide always and it be agree hetween the party qubd  to be for sale foret et be to the lessor and his heir at any and every time  during the term to fall sell shrub cut down and carry away all the wood and  tree and all the timher grow stand or be upon any of the premise whether this  be any exception out of the lease of the tree or but a covenant be the  question for if it be a exception they never be let and then waste lie not and  after argument at the bar all the court resolve that it be not a exception of  the tree but a covenant only wherefore it be adjudge for the plaintiff vide  Henry pl
case lutterel against weston if a copyholder make a lease for a year except  the last day and so from year to year it be a forfeiture ante roll ab   light  cro car Com dig Bac ab gilbert ten trespass upon a special verdict the case be  the custom of the manor of Carhampton be that if a copyholder let we his land  for a long time than a year they shall be forfeit a copyholder make a lease  for a year except the last day of the year and so from year to year except the  last day of every year as long as he live the question be whether that be a  lease for year to cause a forfeiture for it be not a lease for a entire year  for there be a day in every year except and so a fraction of the time and it  be not a lease for two year together and therefore be pretend it shall save  the forfeiture but all the court without argument resolve that it be a  forfeiture for it be but a shift to avoid a forfeiture and in law be no  avoidance for it be a certain lease for two year except two day which be a  lease in effect for more than one year and although there be intermission of a  day yet that be not material and by such mean as he may make a lease for two  year so he may for twenty which the law will not permit wherefore without  argument it be adjudge for the plaintiff
case LUTTERELLS case after a verdict in trover a indictment will lie for  trespass in take the same good but if the take be felonious no verdict can be  give by holt chief justice at nisi prius ut hear this difference be take if a  civil action be bring as over for good after recovery you may indict he for  trespass or felony for the same take because the offence or cause of action be  of a different nature the one civil and the other criminal but if the first  prosecution have be criminal as a indictment for trespass c and the crime  appear to be felony there you can have verdict or judgement on the indictment  for trespass it be the inferior and this be say have be adjudge in Mr  Luttrells case modern er p
case Lutwich against hussey Forhearance for a short time be not a good  consideration post roll Abr cro James cro car Leon side Cowp assumpsit the  plaintiff declare that whereas the defendant be indebt to the plaintiff and  the father of the defendant be also indebt to the plaintiff in another sum he  do assume that if the plaintiff little to be remiss to demand the debt which  he do owe to he that he will pay both the debt and show that upon this promise  he do forbear the demand of his money for halfayear and for not payment of the  debt of the father the action be bring and it be upon the issue find for the  plaintiff and it be allege in arrest of judgement that there be no  consideration of the promise for it be not say for croak Elizabeth how long he  shall forbear for if he do forbear for a quarter of a hour or less he have  perform the word quod little to be remiss and although the plaintiff do allege  he do forbear for halfayear this will not help the case and of that opinion be  the justice and command if no other matter he show before the end of the term  quod nothing to take in hand per breve
case Lutwich against Mitton in the court of ware a be seize in fee make a  bargain and sale to b for year and covenant to levy a fine of the reversion to  certain use but before the entry of b grant and confirm the reversion in fee  to c and recite the lease for year to diverse use by the first bargain and  sale the vendee have a estate for year divide from the reversion before entry  vest and execute by the statute of use Henry c and the reversion be leave in  the vendor the grant and confirmation of it to c be good S C Jones cro car    Mod Mod carter it be resolve by the two chief justice Montague and Hobart and  by Tanfield chief baron that upon a deed of bargain and sale for year of land  whereof he himself be in possession and the bargainee never enter if afterward  the bargainer make a grant of the reversion recite this lease expectant upon  it to diverse use that it be a good conveyance of the reversion and the estate  be execute and vest in the lessee for year by the statute and be divide from  the reversion and not like to a lease for year at the commonlaw for in that  case there be not any apparent lessee until he enter but here by operation of  the statute it absolute and actual vest the estate in he as the use but not to  have trespass without entry and actual possession wherefore they will not  permit this point to be further argue a see the case of both v Crampton post  and Davies v Warner ante croak James er p
case Lutwich against piggot a power to make lease for three life or twentyone  year or for any term of year upon one two or three life will warrant a lease  for ninetynine year if three life shall so long live roll Abr   Vaugh salk  vern vern Prec Chan Mod Mod Mod Mod case t t pale yellow e r fitzg comens Peer  wms Peer wms ld ray ld ray stram stram modern er p vern vern Prec Chan Cas t t  Bac Abr lease Cowp term Rep ejectment for land in Northumberland try at the  bar the case be thus Peter Venables be seize in fee of the manor of long  Witton in the say county and be so seize make a settlement thereof by lease  and release to the use of himself for life without impeachment of waste then  to the trustee for seven year to raise portion for daughter then to William  Venables and the heir male of his body and if he die without issue then to  anti his daughter for life with remainder over in which settlement there be  this proviso modern provide that it shall be lawful for William Venables by  will or deed to dispose of any part of the say manor to his wife for life and  another proviso to this purpose provide that it shall and may be lawful to and  for the say William Venables by any deed in write under his hand and seal to  demise for three life or twentyone year or under or for any time or term of  year upon one two or three life or as tenant in tail in possession may do all  or any part of the say manor land c which be in lease for the space of forty  year last pass the defendant title be a lease for ninetynine year make by say  William Venables to one mary Venables if three life shall so long live the  question be whether that lease be pursuant to the power in the last proviso it  be object that it be not for it ought to be a lease for twentyone and not  ninetynine year determinable for three life but the plaintiff be nonsuit
case lv ass pl forest the king be seize in fee of the honour of Pickering to  which a forest be appendant the king grant to a in fee the bailiwick of this  forest render rend and afterward Jenkins er p grant the say honour cum  appurtenance to b in fee resolve that the forest passes to b resolve that the  bailiff of the say bailiwick shall attend the service of the forest for b  resolve that b shall have the forfeiture of this bailiwick upon such  misdemeanour in a as shall give a forfeiture resolve that in such case b the  patentee shall answer the say rend reserve ut above to the king and also all  arrearage to be incur after the say forfeiture if any shall happen by all the  justice the statute of tribe which voted first king cap I Stamford Prae this  statute restrain the king patent to the express mention de notibus woman legal  support an assembly of the fee soldier otherwise they be not to be of effect  for these thing this statute because it restrain the commonlaw shall not be  extend to the principal case nor to a lease appendant to a manor nor to a  corody belong to a priory for these be out of the letter of the statute who  law common derogant strict to explain
case lv e error attaint utlary hearing complaint appearance you viscount fait  nul return a be condemned in trespass at the suit of b and be outlaw upon the  judgement and be in execution upon the capias utlagatum b release to a all  execution a upon this release bring a hearing complaint and upon this a venire  facias against b b can appear for he be not to lose his liberty or issue or  freehold a alias venire facias issue and be serve and return b appear and  plead the say outlawry against a and it be a good plea for the hearing  complaint be only to defeat the execution and not to reverse the judgement as  error will do ex director and a attaint ex subsequent in error or attaint to  impeach a judgement if a outlawry upon that judgement be plead it be no plea  but it be a good plea if it be in any other action than that for which the  error or attaint be bring by the justice of both bench exception vanan be  versus act who exception to take away entirely Jenkins er p
case lv Elizabeth   Specots case quare hinder count amercement error generalty  deprivation plead SC   Rep a e r with note a devisee for life of a advowson  bring a quare hinder and allege the presentation in himself and none in the  testator the bishop be a defendant in this quare hinder and plead that the  clerk which the plaintiff have present to he be schismatic make old and that  therefore he refuse he a demurrer be join upon this and Jenkins er p judgement  be give against the bishop and he be amerce to S and a writ be award to  inquire of the four usual point si church Jenkins sit full ex pron  interrog   a placing before si time halfyearly praeteritt valour church per annum upon  the return of this writ the plaintiff have judgement to recover his  presentation and his damage and the bishop be amerce this amercement be not  double but a repetition of the former this case be adjudge and affirm in error  in this case the plaintiff may waive judgement upon the statute of west and  take it accord to the commonlaw heresy schism irreligion perjury  excommunication in the clerk and outlawry in the patron or clerk be sufficient  cause to refuse a clerk and the first five be good cause to deprive a clerk so  of the case be manslaughter and clergy have hob homicide if he be attaint of  it and not pardon but if he be pardon it be not a cause to refuse a clerk or  to deprive he for the pardon restore he to the benefit of the law Hobart  Searles case
case lv h   light a e challenge roy subject the king sue a to know facias upon  recognizance to keep the peace upon a surmise that the recognizor have break  the peace the king and the defendant be at issue a jury be return the king  challenge the array because the sheriff return it at the nomination of the  defendant this be a good challenge and shall be try by two triers by the judge  of both bench the king may challenge a juror for favour to the defendant but  the defendant can for favour only to the king challenge a juror without  special cause show as that the juror be a menial servant or officer or  minister to the king for every one ought to favour the king
case lv I h Fitzherbert executor e Fitzherbert coroner Stamf praer e Br case h  grant testament dyer patent prerogative the king can dispose of his crown by  his testament though it be under the great seal nor of the port of the kingdom  nor of the jewel of the crown nor of power to pardon treason or felony within  this kingdom nor of power to make judge justice of the peace or sheriff nor of  the year day and waste of person attaint of felony nor of such thing which  concern government in a high degree of all these the king can neither make a  grant nor a testament the king may grant good and chattel by the word of his  mouth he may grant the land which he have in jure crown by his letter patent  or by his will under the great seal by all the judge who coherent personae a  mask to disjoin not to be able salus poplar tree funeral rites law be the  power of justice and mercy belong to the king only they belong only to the  supreme power the law of God of nature and of deal Terr nation create king  which law be not alterable by any creature e
case lv Tr James williss case   SC curian Wardorum the king tenant in socage  in capite convey his land to his second son for life in tail or fee this  conveyance be not within h at commonlaw in this case the heir at the death of  his ancestor be of full age videlicet fourteen the king shall have the premier  seize of this socage land if he be within the age of fourteen his next friend  shall have the custody of he and the king shall have nothing statute of  marlbridge cap Stamf ask first Br case accord in the principal case the king  shall have nothing if the heir be of the age of fourteen at the time of the  death of his ancestor for the ancestor have make a conveyance of this land to  another the commonlaw hold in the case of a tenure by socage in capite where  the ancestor die seize otherwise not
case LVII   SC p James Bestneys case b r slander I lev these word speak of ail  utter barrister thou a barrister thou art a barretor thou have as much law as  a jackdaw judge actionable and affirm in error in the exchequerchamber for the  plaintiff be slander in his profession
case LVII Cr hob Spathursts case ib sir Thomas pickering case hob a tenure of  the king by slavery military man in gross be a tenure in capite a office in  one county find a tenure in capite of the king and in the same county other  land lie in other county be also find by the say office and that tenant for  life hold some of those land in the county where the office be find this serve  to charge the other land a officer can lie a charge upon the subject without a  office or record in case of other land in other county a certificate of the  feodary of a remainder descend upon the heir after the death of tenant for  life and that the say tenant for life be dead serve to charge this land  although no other office be find after the death of tenant for life Jenkins er  p
case LVII e addition in debt trespass or any action in which process of  outlawry lie servant be not a good addition upon the statute of I h for every  man be a servant to the law and to the king by all the judge in the  exchequerchamber all men to put under are king servi
case LVII mark dyer Br case devise authority Poyar a hold a manor by knight  service the statute of h for will enable a devise of two part of the land so  hold a devise the whole manor in fee to b this devise be good for part the  statute of h for will except this case and leaves it to construction of the  law but the say statute in other case express provide that such devise shall  be good for two part the h do not go to rend but the h help that a devise of  rend out of a manor hold by knight service charge two part of it the reason of  the principal case be because the power to devise give by the h the statute of  will be conjoin with a interest in the person who make the devise and be not a  bare power as if the king licence his tenant in capite to alien acre he may  alien acre but in case of a Dude power as a power of attorney to make livery  of two acre if the attorney make livery of one it be void I ass pl   sir rich  Pexals case
case LVIII carter ass pl Elizabeth dyer h Littl confirmation sect a seize of  land in fee grant by deed rend out of this land to b for life the remainder of  the say rend to c for life and afterward by another deed release to c and his  heir all the right which he have in this rend and if it shall happen that the  say rend shall be arrear that it may be well and lawful to c and his heir to  distrain for it in the say land resolve that this be a good remainder of a  rend new create and that c have a rentcharge in fee for the same rend in this  case in construction of law signify the like rend adjudge and affirm in error  a grant a rentcharge out of his land to b for life and a afterward confirm the  estate of the say b in the say rend to b and his heir b have only a estate for  life the word of confirmation noth not amount to the word grant as a release  of a lessee for year to his lessor noth not amount to a surrender for the  release suppose the lessor in possession quality a word are to watch Jenkins  er p
case LVIII Elizabeth   b sir Edward clear case devise construction de faits a  seize of three acre of equal value hold by knight service in capite convey two  of they to the use of his wife for life and make a feoff of the three to the  use of such person and of such estate as he shall limit by his will afterward  he devise the three acre to b in fee without any reference to his will and  power this devise be good for the three acre not as a devise for he have  execute his power before by the conveyance of two part to the use of his wife  but as a limitation of the use upon the feoff ut res to greater extent to be  strong and this be out of the statute of will of h which hold only in three  case where a conveyance be make for advancement of the wife preferment of  child payment of debt and legacy these two acre convey to the wife be within  the say statute for a three part of the say two acre if a wardship shall  happen for this conveyance to the wife be within this statute adjudge and  affirm in error justice Shelley give good advice to the learned in the law to  make a construction of every deed or will accord to the intention of the party  if it may possible stand with the law former will a giver as well as will  testator to have interpretation latan benignan
case LVIII h dyer trial Cr lieu and county count Jo a information trespass or  praecipe be bring for land in dale and it be not mention in the count or  margin of the count in what county dale be this action be of no effect for it  can be try by the justice of both bench as Fitzherbert have abridge the case  title suggestion but my book at large have it not so where a action be bring  in corporate town the will in the margin will not serve without say infra  jurisdiction what curiae croak James this rule hold in all plead count  inquisition and information which require trial the town or county where the  action lie respective ought to be name in debt the defendant plead payment at  dale in royal power Scotland the plaintiff demurrer to this plea he shall have  judgement for the say plea can have a trial and it be none in effect and be as  where the defendant nothing to say
case LVIII I show Carth Yel h retraxit departure in despite de court jour  judgement   light b a bring debt against b b imparls till the morrow b appear  a be demand and do not appear a shall be nonsuit if the imparlance have be  general and not at a day certain and the defendant have appear and the  plaintiff be demand have make default a in this case shall be bar for this a  departure in despite of the court and a retraxit as be use in a common  recovery upon the voucher of the tenant the vouchee appear and imparls to no  certain day and be demand make default judgement be hereupon give against the  tenant and for the tenant against the Jenkins vouchee to recover in value  where the imparlance be general both party ought always to attend the court  and be demandable at the pleasure of the court it be otherwise where the  imparlance be to a certain day for in this case the party be not demandable  till the day
case LX   SC mich James n curian wardorum a lord in fee of a manor hold by  knight service in capite where a copyhold farm be parcel make a feoff to b of  this farm habendum to b and to his old son in fee to the use of b and his old  son and their heir the father and son be jointtenants the habendum be void as  to the old son for he be not name before the habendum yet the limitation of  the use be good for b have the whole fee the father die the old son have the  estate within age and there shall be no wardship in this case for they be  jointtenants although b be in by the commonlaw and c by the limitation of the  use for the statute of h of use put they as to the possession in the same  quality as the use be and the use be for a jointtenancy
case LX e   lamb case condition Entendment a be bind to b to make he a sure  and sufficient estate of the manor of dale by the advice of I S if I S advice  the estate and it be not sufficient yet the obligation be save by the justice  of both bench who loved periculum in danger to pass away if the condition of  the obligation have be to make he a sure estate the obligor be to do it at his  peril if it be to make a sure estate as the obligee or his counsel shall  advice the obligee ought to certify what estate he will have and if it be not  sure yet the obligation be not forfeit for it be leave to the judgement of the  obligee and his counsel to devise a sure estate
case LX e Fitzherbert obligation a obligation make at this day bear date at  Amiens in France may be sue in England but not if it bear date at Amiens in  the kingdom of France Dowdales case   b a word quality be observanda
case LX h pl keb error guaranty de attorney verdict brief Jeofails in trespass  the defendant by his attorney plead not guilty after issue join and before  verdict the defendant attorney die the plaintiff have judgement but no  attorney be make for the defendant after the death of his say attorney this  judgement be affirm in error for after appearance by attorney and plead to  issue no mention be make of a attorney but the continuances be between the  party plaintiff and defendant after verdict against the defendant in trespass  he can assign for error at commonlaw that there be no warrant of attorney  enter for he h Fitzherbert trespass otherwise on the part of the plaintiff  dyer h repleader Fitzherbert h utlary at this day by the statute of Elizabeth  cap after verdict on either side judgement give shall not be revelsed for want  of a warrant of attorney if one in execution bring error he ought to assign  error in his proper person if a tenant by receipt after receipt or a vouchee  after he have enter into warranty or a lessor in ejection strong or a attorney  die pen the plea the death of any of they do not abate the original writ for  they be not party to it Jenkins er p
case LX James keb hob blunt case the earl of Devon leave his estate to his son  the earl of Newport be year of age among the possession of the say earl of  Devon he have the manor of wanstead which he leave to the say son in tail with  diverse remainder over the earl of Devon be great in debt and have appoint  certain honourable person to be tutor and guardian to his say son they find it  necessary to sell the say manor of wanstead for payment of the earl debt and  they petition the king that he will vouchsafe to write to the judge of the  common plea that a common recovery shall be suffer of this manor which the  king do upon examination of the private infant and of his tutor in court and  of the circumstance of the case a common recovery be suffer of this manor to  the use of the duke of Buckingham in fee affirm in error this case be not to  be draw into example for a common recovery be a voluntary conveyance and as  voluntary as a feoff or grant it be one of the maxim of the commonlaw that a  infant within the age of year can alien his land law custom royal power be not  to be violate for any pretence or suppose necessity Jus nec unmourned gratin  nec to break in pieces potenia nec to commit adultery money to be able quod si  non modus pressure send desert or heedlessly keep to be nothing be quod any  see to have that which is fixed or a patre to take without effort or book be  to leave behind arbitre Marcus Tulius in his oration pro kind of bivalve  Caecinna speak this concern the principle ground and maxim of the commonlaw  then use in Italy
case LX mark dyer officer debt Le roy prerogative doctor and Stud cap   b the  earl of devon case post dallis Rep roll Abr dyer b Ant dr and Stud the king  sell certain good to a for and a officer appoint to take care of the kind debt  be direct to take good security for this debt be take a obligation with surety  and deliver it to his servant to be file with other of the king debt by  practice between the servant and the obligors the bind be embezzle the  obligors die this servant of the chief officer be answerable to the king for  this debt and so be the chief officer for he be oblige to keep it safe and the  land and good of the obligors be also liable to the king for this debt
case LX Tr Elizabeth hare be case hob patent cro James patent relation e dyer  the king for a great sum of money bargain and sell to a the manor of Stepney  and the marsh of Stepney in fee and the king moreover grant that the say  patentee shall have the say manor and marsh as ample as it come into the king  hand by the grant and surrender of the late bishop of London and in truth the  king have not the marsh by such grant and surrender but only the manor and  have the marsh from other resolve by all the judge of England that the manor  and marsh pass well by this patent word of bargain and sale in the case of the  king amount to a grant although the king can stand seize to a use for these  word at commonlaw make a grant the say reference in the say patent to the  bishop of London surrender be in the king covenant not in the body of the  grant and therefore it do not vitiate the patent the first certainty in the  king patent be sufficient where the king be not deceive in his grant Jenkins  er p the king grant the manor of dale of the value of per annum to a if it be  of the value of per annum the patent be void for the value be in the same  sentence with the grant but if the value be mention in another sentence and  not in the grant the grant be good utile per inutile non to make faulty cro  James the king grant the manor of dale which he have by the attainder of I S  or the grant of I S and in fact the king have it not so this patent be void  for the king be deceive in his grant h legate case
case lxi ass pl a grant of the conuzance of all plead noth not extend to  assize upon conuzance grant the original shall not be remove out of the  superior court nor shall the record but only a transcript so that upon a  resummons upon a failure of justice in the inferior court the superior court  may proceed by all the counsel a assize be not proper placitum but complaint  the writ of assize be thus a to express grief quod b disseizivit the dawn c a  writ of error in all case except the case of a fine remove the record for it  take it out of the inferior court to the superior in the case of a fine the  transcript only be remove upon the writ of error post law non deficit in the  whole of the laws to hold forth
case lxi e by all the judge arbitrement a arbitrement that one shall release  to another by the advice of I S the arbitrement be good as to this point for  this reference be only for the execution of the arbitrement arbitrator be  judge arbitrator can refer their arbitrements to other Jenkins nor to a umpire  if the submission be not so neither can they make their arbitrement in the  name of themselves and of a three person to who no submission be make nor  alter it after it be once make
case lxi h carew case confession and avoidance intendment verdict plead  replication trespass be bring against a and b they plead that n their  grandfather be seize in fee of the land and die seize and that this land  descend to John his son and heir and from he to the defendant as his heir and  they give colour to the plaintiff the plaintiff reply that a long time before  n have any thing in the say land justice Martin be seize of they in fee and be  so seize give they to the say n in tail videlicet to he and the heir male of  his body the say n have two son the say John and the plaintiff that n die and  John die without issue male have issue the say two daughter the defendant his  heir by the force of which gift to the heir male the plaintiff enter ut above  the defendant rejoins and traverse the gift the plaintiff have a verdict and  have judgement which be affirm in error for a wrongful title shall be intend  in n and so a seize in fee in he by wrong which be defeat by the say gift in  tail by justice Martin to he and if after the say gift in tail n have  discontinue the estatetail and take back a estate to himself in fee this  estate will have be a remitter of John Jenkins to the estatetail by the  descent of the fee upon he and from he it devolve upon the plaintiff and if a  traverse have be necessary in the replication yet the verdict have make it  good matter of law shall not be put into the mouth of the juror
case lxi h h e h a trespass be commit the first of April James a action be  bring for this trespass and it be suppose to be commit the first of may James  the defendant Jenkins er p plead not guilty this action for this trespass be  bring after the first of may the jury find the trespass commit by the  defendant the first of April James before the suppose time of commit the  trespass but the action be bring after the trespass commit although lie as  above the day year and time be not material the plaintiff shall have judgement  in this case by all the judge of England in ejection strong the time for the  make of the lease ought to be find as it be allege and the ejectment after the  lease for the lessee can be eject before the lease be make and he be to  recover the land and term upon his lease in trespass the defendant plead the  plaintiff licence on the same day for which the plaintiff declare in this case  there be no need of traverse and the day be material for both plaintiff and  defendant agree upon the day and the licence extend only to this and not to  another day
case lxi James Cr action sur assumpsit Awsten vers Bewley h e Keylew e hob  Bellingham and gardener Cr assumpsit sur indebitatus action sur Le case debt a  assumpsit upon a indebitatus be bring by a against b quod cum b be in debt to  a in b assume to a that if a will forbear to sue b until the first day of  easterterm next which be one month after that b will pay the say sum to he the  plaintiff count that he forbear to sue to he accord and that b have not pay it  judge that a indebitatus assumpsit general for to pay the say will not  maintain a assumpsit without show some consideration but in the principal case  the indebitatus be only a inducement to the forbearance a agreement of  forbearance as aforesaid and a indebitatus in a Jenkins sum serve well and the  judge ex duty ought to take notice of easter term and other term affirm in  error a assumpsit will not lie where the plaintiff have a obligation or  judgement or recognizance for the duty nor for rend reserve upon a lease for  year
case lxi James hob hob Willis versus Woodhouse a action of trover and  conversion be bring in the king bench after verdict for the plaintiff he have  judgement affirm in error although neither the bill nor bail be enter for he  may be in custodian mareschalli notwithstanding and the want of a bill be aid  by Elizabeth cap for it be a original and to be in custodian mareschalli be  only a fiction it be sufficient to declare that the defendant be in custodian  mareschalli this judgement be affirm in the exchequerchamber and both the  record send into the king bench
case LXII e pardon averment office de court the king grant a pardon with  several exception of certain person and offence he that will have the benefit  of it ought to plead that he be not one of the person except if the king  pardon a felon and it be show to the court and yet the felon plead not guilty  and waive the pardon be shall not be hang for it be the king will that he  shall not and the king have a interest in the life of his subject the book to  the contrary be to be understand where the charter of pardon be not show to  the court by all the judge
case LXII Elizabeth dyer h Stamf treason misprision forfeiture judgement r   h  h p c see and W cap and W cap annae cap to punish crime relate to the coin   b  receive or abet of one that coin false money although know that he coin false  money be not treason it be only misprision of treason for the word of the  Jenkins er p e cap extend only to the coiner so of concealment of high treason  it be only misprision of treason the punishment of this misprision be  imprisonment during life the forfeiture of good and chattel and of land for  life by the judge and other utter of false coin know it to be false be  misprision of treason if a man be indict of it as for treason and plead not  guilty and be find guilty the judge shall not give judgement for misprision of  treason upon this trial for he be not indict of misprision of treason felony  contain in it misprision of felony where there be felony commit if the felon  can be indict of felony as in the case in the r of a felony commit in two  county where they can not join in this case the indictment may be for  misprision of felony
case LXII h h h union avowry replevin second deliverance plead by the judge in  the exchequerchamber there be a warden of a free chapel to which a manor  belong this chapel by consent of the warden to run together his who in jure to  seek again in the lifetime of the warden be annex to the precedent and scholar  of magdalencollege in Oxford the rend of one of the tenant of the say manor be  arrear the precedent and scholar distrain the tenant bring a replevin they  make a avowry that this union be make by the king licence and with the consent  of the warden and the bishop to run together his who in jure to seek again it  be not show who make the union the warden be alive and have not resign and  therefore as it be allege the union ought to be understand de going to be and  it may be a see the book at large lie hospital and that the bishop have  nothing to do with it notwithstanding these exception because the plead S to  run together his who in jure to seek again as above it be resolve good and the  case be adjudge upon demurrer a return irreplevisable be award upon a verdict  in replevin and a demurrer judge for the avowant a return irreplevisable shall  be award it be otherwise if the issue in the replevin be upon the place for  this be not upon the matter and right of the avowry if the plaintiff be  nonsuit although he have the cattle before by the replevin yet he may have a  second deliverance before the retorno to have be execute forthis be only to  revive the former replevin and it be a supersedeas to the retorno to have
case LXII I vent   light b e mich pl see case I before a abbot and a his monk  bring a writ of conspiracy against b c and d and the writ say that b false and  malicious conspiravi cum c d conspiration praeantea condition procure the say  a to be appeal of a robbery for which the say a be take and commit to Newgate  and indict and thereof acquit b plead not guilty and be find guilty and  judgement be give that the abbot shall recover damage although none of the  other defendant be afterward attaint of this conspiracy nor any process after  judgement have against c or d judgement be affirm in the king bench the reason  be the procurement be lie in b only and after issue and judgement b be sever  from the other videlicet c d and the suit be determine as to b the abbot have  judgement only to recover his damage and cost and the defendant in this case  have not the villainous judgement that be never to be a witness never to  approach the king palace to be imprison for life his house to be pull down his  wife and child be first cast out of they his tree out down his meadow blow up  and his land good chattel and write seize into the king hand ass e h Stamford  Jenkins this be a villainous judgement and be so call in the law and be only  give upon a indictment at the suit of the king not upon a writ of conspiracy  to stand presumption donee to make good in opposite direction
case LXII James Cr heath versus Dauntley action sur assumpsit joinder in  action bar issue damage a count against b in assumpsit that where a have sell  to b certain clothes for one moiety to be pay within fourteen day which be pay  and the other moiety at the end of three month after the other moiety be not  pay at the end of these three month upon this b assume to a to pay if he will  accept his bill from he for to be pay to he one month afterward which he the  plaintiff accept and that at the time of payment of the say b do not pay it  nor the the residue of the say other moiety of the say sum of the defendant  plead non assumpsit and it be find against he the plaintiff have judgement  affirm in error although entire damage be assess and although the bill be  accept and although there be no express assumpsit for the and although upon  these two assumpsits the defendant plead non assumpsit general and although  they be join in one action where a bill be make for a sum and upon this a  assumpsit be bring upon a assumpsit promise make after the bill make for the  sum in the bill it do Jenkins er p not lie a assumpsit give only damage and  cost and vary from a judgement debt which give the debt and damage and cost  where a debt be due a assumpsit to make a bill a recovery upon such assumpsit  be a bar to a suit upon the bill in this case upon the sale of the clothes for  although a moiety be pay and a bill have for yet remain unpay of the say and a  assumpsit lie for it although it be but part of the say where the count be  that a moiety only of this be pay and this assumpsit be a express assumpsit  for and a imply assumpsit for the upon the sale non assumpsit extend to these  two assumpsits and entire damage be well give if the bill and the assumpsit  for the be Payable at the same day and be make at one time the bill determine  the assumpsit
case LXII mich Elizabeth Byrchleys case   a shire versus king I lev hob book  of entry slander action sur Le case attorney these slanderous word be speak of  a attorney thou dear on both side thou deceive many a action lie for they for  they be a slander to he in his profession if the word be true the say attorney  ought to be indict convict fine and imprison and put out of the roll of  atorneys and cast over the bar adjudge and affirm in error Jenkins er p such  word speak of a counsellor will maintain a action note in the book of entry  title action sur Le case
case LXIII ass pl a be constitute a justice of assize ad assisas to take in  hand general in county h and afterward b be associate to he and afterward the  king by another commission recite that a pain nest intendeba and can not  attend these assize constitute c One cum b to take all assize without any  recital of the first commission to a or of the association but as aforesaid  and without any power give therein to reattach the party it be resolve by the  counsel that it be well do if a Jenkins er p assize be take upon a special  patent which have not the word One cum his quos thou associaverim a  association do not lie but if the special patent have these word a association  lie whence it appear that in assize where the patent be general a association  may be make to a association but not in a special patent where such word be  want but there be no occasion for word to give a power to reattach the party  and the recognitors of the assize for this power be incident to the authority  give who to go away to some degree to go away all things id without quo  permission be ineffective
case LXIII Elizabeth   b Slingbys case covenant joinder in action authority  and Poyar nugation exposition de parols SC   Rep b e r with note a convey a  manor to three in fee and covenant with they whithersoever you please the dawn  that he have convey a good estate to they this be a joint estate and therefore  a joint covenant and they ought to join in covenant before partition for it be  a covenant real and go with the estate if three manor have be convey to three  person several with such a covenant this have be several covenant and not a  joint covenant in the principal case after partition the say feoff may have  several action of covenant for it be a real covenant and go with the estate  and the word whithersoever you please in this case help they also after  partition adjudge upon error in the exchequerchamber there be a great  difference between a power give to two and a interest give to two a lease for  year be make to two who the dawn this be a joint lease and the word who the  dawn be void to maintain quiet and avoid contention Jenkins so of a obligation  make to two who the dawn or a grant of the next avoidance to two who the dawn  but a power to sell let or make livery to two who the dawn be good for there  be no profit desire riches be causan pretty a grant of the next avoidance to  two who the dawn to present a to the say church be good for the contention be  avoid by restrain both to present a
case LXIII h continuance assize bailiff relation in a assize the tenant appear  by his bailiff and plead to the assize the recognitors be swear and day be  give to the recognitors birth prediction ex assent a part without name the  bailiff and a habeas corpora be award against the recognitors returnable at  the say day give this be a good continuance both for the bailiff and  recognitors for ad neighbor anteceden reference to standard become debet the  bailiff be name before the day give birth prediction at this day the tenant  may come in and appear if he will by the judge in the exchequerchamber ad  neighbor anteceden flat reference to standard Jenkins er p
case LXIII hob keb hob Goulds case proof upon the condition of a obligation of  a apprentice by confession or other wise touch the imbezilling his master good  a voluntary confession in pais will serve Jenkins er p
case LXIII I Elizabeth dyer patent forest palm bull the king grant the forest  of Waybridge and Sapely in the county of Huntingdon to a for year a covenant  with the king to maintain deer there during the say term and at the end  thereof to leave the forest so stock to the king the king grant the fee of the  forest to b b during the term can kill nor give a warrant for any deer there  by all the judge of England for the forest be grant for year and the game pass  by the grant of the Jenkins er p forest and the say covenant do not control  the grant and if b may have such liberty he may disable a from perform his say  covenant speed in his description of this county of Huntingdon have a good  discourse of the forest of this county ancient it be all a forest and call  hunter be down the honour of Pickering have a forest appendant to it a patent  grant by the king of the honour cum appurtenance passes the forest and the  grant of the forest passes the game
case LXIII James Cr Bultivant versus Holmes e dyer covenant count bar  replication covenant be bring upon a indenture that where a have feoff b of  certain land that b shall hold it discharge of all dower and allege dower  recover against he and the count be quod testatum step forth b the say  indenture that such feoff be make and that the covenant be make ut above  without a positive affirmation that the covenantor have feoff the covenantee  and have covenant ut above the declaration be hold good by the word known on  good evidence step forth but such word will not serve where a deed be plead in  bar nor in a replication judge and affirm in error
case LXIII Yel e h Stamf bail mainprize enrolment a bill of mainprize  acknowledge and put into court although it be not enrol be good and may be  enrol in another term on a capias or exigent against the Jenkins er p  defendant he shall find mainprize upon his appearance if the defendant make  default these manucaptors shall be amerce this amercement be sometime call a  fine mainprize regular be not in a certain sum in case of felony by the  ancient law the bail may keep the felon in prison until the day of his  appearance at this day the bail be bind in case of felony to the king in a  certain sum of money and the principal in another sum to cause to stand see  judgment by the justice of both bench the bail upon a writ of attaint be to  prosecute with effect and to pay the condemnation and to deliver up the  plaintiff body if it be find against he in case of error it be that the  plaintiff shall sue cum execution and pay the condemnation or render his body  to prison in a hearing complaint by the statute of the h ch a recognizance  must be acknowledge to the king in a certain sum of money to sue with effect  and to the party to pay the condemnation if it be find against the plaintiff  or to deliver up his body where there be a attaint upon a information for the  king and the party the recognizance in this case of attaint shall be in the  copulative to the king pro his interest and to the party pro his interest  Justitia non be differentian
case LXIV e e Carth h I h h Ant where a recovery be have by default or by  verdict and a writ of error be bring and a error assign which do not in facto  abate the original writ as death but only make it abateable as entry pen the  writ or coverture or the acquisition of a dignity which may have be plead and  be not and which only make the writ abateable these shall not be assign for  error for they be waive because there be no exception take to the writ  judgement affirm upon error to watch subserviunt jura who tacet to agree to  see matter allege or give in evidence and not allow by the judge as a  challenge to the array or to the poll a denial of aid a essoin or a  disallowance of evidence shall not be assign for error but if a bill of  exception be make contain this or the like matter and this bill be seal with  the judge seal and join to the record this shall aid the plaintiff in the writ  of error if there be good cause and the judge ought not to reject such bill of  exception
case LXIV h attaint error a bring a praecipe quod To give back against b the  tenant b plead a plea in bar judgement be give against b b bring a writ of  error and assign for error that his plea in bar be sufficient to bar the  demandant this be a good assignment of error for the count and bar make it  certain but to assign for error that any plea plead be insufficient without  show bow be not a good assignment a plea may be insufficient for see annae ch  that several different matter may be plead by leave of the court Yel N B they  must be consistent not contradictory doubleness or want of form and these be  error goodness and truth be presume in the law not falsehood and error the  judge be not bind to seek for error in a record but to judge of the error  assign and the error ought to be assign before the to know facias ad to hear  wandering be award in attaint this assignment of a false oath in it quod a  swearer falsehood to hand over verdictum in omnibus who to say be a good  assignment for the issue upon which the verdict be give be single and not  manifold this assignment of error in omnibus erratum be not good for the  judgement be find upon the original writ count plead issue process trial and  so be manifold a double plea may be a sufficient plea in its matter see annae  c Cr go Ant but yet it be have in point of form because it be sufficient or  pretend to be sufficient in each of its part and by this mean the court be  encumber and inveigle resolve upon a writ of error in the exchequerchamber it  is necessary quod res certan to lead in judgment
case LXIV h Elizabeth hob dyer Cr by all the judge in the exchequerchamber  error remover de record certiorari execution be the life of justice if a writ  of error be bring to remove a record of judgement give in the common plea and  the plaintiff in the writ of error leaves the record there without remove it  before the return of the writ of error or if there be a long returnday than be  convenient in the writ of error as if the writ of error be purchase in the  beginning of Michaelmas term and be make returnable in Hillary term in these  case the common plea may award execution although the writ of error be deliver  in case of the king demise or of the not come of the judge or of the death of  the defendant if any of these happen another writ of error may be have and it  shall stay execution without a supersedeas at commonlaw if execution have not  issue for the act of God or of the court Jenkins be the cause if a certiorari  be direct to justice of peace to remove a indictment find before they they can  proceed although the record be not remove the James cap do not extend to  indictment of felony but only to lesser act against the peace as riot trespass  forcible entry and the life they may by force of the statute I c proceed in  these case notwithstanding such certiorari if be that sue out such certiorari  do not enter into a recognizance with surety to prosecute it with effect and  to pay cost to he against who the trespass be commit if the defendant do not  prevail Mora in lege reprobator
case LXIV hill James b r rot Whorewood versus corderoy slander a bill of  indictment be false and malicious exhibit to a grand jury for a rape against a  without any probable cause the jury find ignoramus a action lie upon it judge  and affirm in error for it be a slander of record if there be probable cause a  action do not lie otherwise the ordinary course of justice will be obstruct
case LXIV mich Elizabeth c b Yel SC Cr owe Brownl more Wherinwood versus Shawe  Jointenants tenant in common joinder in action debt devise account a deliver  to b to be deliver to c and d to be divide between they they bring two several  action of debt for their respective adjudge that this be well and affirm in  error a deliver to b to deliver to c if it be not deliver accord debt or  account lie for c against b a recover damage in trespass against b a may bring  debt for it for in this case the law make b debtor to a where land be devise  to two equal to be divide there they be tenant in common otherwise of give to  they as above for a obligation be entire but the two be several and as in the  principal case where forty pound be give to a abbot and a layman they be  tenant in common for the reason aforesaid a feoff to two in fee the one moiety  to one the other to the other they be tenant in common Litt but if it be give  to two and their heir equal to be divide between they there they be  jointtenants before partition for perhaps they never will divide and they can  be tenant in common unless upon the say feoff and the word of it and perhaps  they never will make partition by consent between themselves but if a devise  be in these word they will be construe otherwise if land be give to two and  their heir habendum as tenant in common the habendum be void and they be  jointtenants
case LXIX Elizabeth Plowd roy prerogative age nonability duchy de Lancaster  duress dyer although the king as to his natural person may be within age yet  his natural person be join with his politic they be one indivisible body and  be shall not avoid his grant make within age nor his lease by nonage whether  he be seize in tail or in right of the duchy of Lancaster or in right of his  crown the land of the duchy of Lancaster be sever from the possession of the  crown as to the manner of grant they but for age aid and such personal  relation the duke be as king but the king may avoid his grant by duress as in  case of rebellion if the rebel have the king in custody extort grant from he  as it happen in the case of h in the baron war Keyleway have this case among  the case of the iter
case LXIX h h cap juror challenge see these statute for the qualification of  juror in replevin the defendant avow for some petty service the plaintiff  plead horse de son fee a juror to try this issue ought to have S freehold in  the same county although the service be no more than a farthing per and for it  concern the realty and now by Elizabeth c such juror ought to have per and  freehold by the judge of both bench
case LXIX h prohibition f n b e if a suit be commence in the spiritual court  for the breach of a oath in the nonpayment of a sum of money or in the make or  not make of a feoff or concern any temporal thing a prohibition lie for  temporal matter belong to the king court by all the judge of England
case LXIX I Elizabeth dyer mark dyer   b   b more p Ro Rep the king licence a  to go beyond sea and to stay there for a certain time provide that if he  conspire or converse with fugitive or the king enemy that then his licence  shall be void after the time of this licence the king command he upon his  allegiance by a privy seal to return a s servant binder the king messenger to  deliver this message to a the messenger make a affidavit of this in chancery  which be transmit by mittimus to the exchequer a will not return his licence  be revocable during the time allow for it concern his loyalty and do not give  he a interest his converse with fugitive do not make it void ab beginning but  only from the time of such his converse the affidavit be not traversable the  land and good of a be seize for this contempt by all the judge of England this  a go beyond sea to avoid conformity with the religion establish in Q mary time  and abode with the palsgrave of the Rhine in Germany who be a notorious  calvinist and entertain fugitive who be the queen enemy and have embrace his  sect and this be the cause of the message the affidavit be not traversable for  a s be in Germany in the dominion of the palsgrave and the messenger be hinder  there to deliver the mandate to a can be try by a jury because the whole  matter be transact out of the kingdom quod remedy to set down self re valet si  offense absit
case LXIX James lev Cr bourn versus Carrington   Dowdales case die visne  verdict asset jurisdiction debt against a heir upon the obligation of his  father where he have bind he and his heir the defendant plead nothing by  dissent the plaintiff ought to allege asset in some certain place whether this  action be bring in a town corporate which have a limit jurisdiction or at  Westminster the jury in both case upon this issue may find asset in any other  place judge and affirm in error
case LXIX Tr James   light b a Cr Starkey and pool Quarae hinder Br case  exposition de parols a be seize of a advowson in fee grant to b the church be  full quod ipse ad dictam church clergyman suum looks like polsit whenever  however church prediction to be empty to touch after this grant the church  become void b ought to present at this time if he will he shall have no other  presentation Jenkins er p judge and affirm in error a lease be make for year  without mention the time of its commencement it shall begin immediate
case LXV e appeal mainprize escape a be indict of felony in the king bench be  let go by mainprize a appeal do not lie against hint for he be not in the  custody of the marshal and if he do not appear the marshal shall not answer  for he by the judge of both bench
case LXV Elizabeth dyer Probibition consultation prerogative hob Noy dyer pl a  person sue in the spiritual court for tithe of wheat and rye grow in acre of  land the defendant suggest for a prohibition that the say acre be barren and  that by his industry they become fruitful and that year be not yet expire  accord to the statute of e for tithe of barren land issue be join upon the  barenness upon a prohibition grant upon this suggestion and the jury find that  acre of the say land be barren but that acre of they have yield tithe of wool  and lamb to the parson the parson shall not have a consultation for they for  he have Jenkins not sue for they in the spiritual court by the judge of both  bench a consultation be in the nature of procedendo where there be no suit  there can be no procedendo although in a suit between two subject it appear  that a three person have a right to a thing or that the plaintiff have a right  to a thing for which he do not sue this be of no effect for it be superfluous  and not in the cause but where a right appear for the king in a suit although  he be not party to the suit he shall recover the thing h h h f n b
case LXV h   b W c Cr Merton cap redisseizin attaint judgement arbitrement  coroner in redisseizin error be bring upon a judgement in redisseizin and it  be assign in this videlicet that whereas the sheriff return that he accessit  ad the tenement in question in person as he ought that in truth non accessit  ad the say tenement to take the inquisition upon the redisseizin this error  can be assign for it be against the record and the sheriff in this case of  redisseizin be a judge of record if such assignment of error shall be allow  there never will be a end of suit if the sheriff mention in his record that he  do not come to this place but take the inquisition at another place it be in  person non judge this judgement in redisseizin be affirm in error this  judgement in redisseizin do not bar the defendant in another action for the  find of the jury be not upon a issue join by the party car nest all mouse deal  party it be only a inquest of office and a attaint will not lie upon a verdict  in redisseizin although the sheriff take with he the coroner and justice of  peace as his assessor yet judgement be well give if the record do not mention  the justice of peace but if the record mention they as judge it be otherwise  as in the case of submission to two arbitrator and three make the arbitrement  and the case where the coroner of the king household sit super look  substantial object with the coroner of the county whereas the homicide be not  within the verge for the reason of a person who have no business there may  sway the cause the inquest in redisseizin be not upon a issue join between the  party and the party have no day before the sheriff and coroner but the party  may give evidence there to the jury but there can be of a release obtain after  the redisseizin do and see ass kelw no plead there so a attaint do not lie in  a writ of waste where the recovery be by default
case LXV James Cr egerton case estate common bank count variance the use of a  fine be limit to a by indenture without mention of any estate in particular  this be a estate for life for it be as a grant two declaration be use in the  common plea the first be the principal the second be a recital of the first if  the first be certain a variance in the second from the first by omission of  the certainty mention in the first be not material judge and affirm in error
case LXV James hob colt case quare hinder a dispensation grant by the  archbishop of Canterbury accord to h cap for a bishop elect to retain benefice  which he have although there be plusor several of they be good hob more hob  Vaugh not so a dispensation after he be bishop to take other benefice not  exceed a certain value authority not common with others not even though such  dispensation be confirm by the king
case LXV mich Elizabeth b r error a bring a action on the case against b and c  quare be praised stagnum c by which a s meadow be surround and overflow with  water upon not guilty plead a verdict be give for the plaintiff quod to raise  up stagnum ut carry in front the plaintiff have judgement affirm in error for  be praised be all one in substance with to raise up this action be bring  against two and damage give they bring a writ of error and one of they release  the error this shall not hurt the other for they be jointsufferers so in  ejection strong where a verdict and judgement be give against two the release  of one shall not grieve the other in case of error bring by both so in a  hearing complaint bring by two where a statute be extend Jenkins er p upon  they both ruddock case   note entry h tookers case   a b so where two  jointtenants be plaintiff in a ejection strong or demandant in a real action  the release of one shall not bar the other but the other shall proceed as to  his moiety in word non word send res ratio to seek be res inter elsewhere acta  no one mocere debet
case LXVI   a hob Cr James hob winchcomb case the statute of h cap do not take  away the statute of h of plurality the king be not restrain from grant a  dispensation of himself without the archbishop by the say statute of h  although the say statute have negative word the hob archbishop dispensation  for the degree mention in Leviticus or to a alien who do not understand the  language to take a benefice be void the ibidem king can grant a lapse to  another
case LXVI ass pl h   the case of the abbot of Strata Marcelia h Fitzherbert  conusance the case of the abbot of saint Edmonds bury conusance of plead be  grant to this abbot in the time of the king saint Edmond and saint Edward  exclusive of the justice of the common plea of the king bench and of the  justice of assize this grant do not extend to assize without express word of  assize although it be confirm by h resolve by the counsel the king charter  Jenkins ought to have a reasonable construction note there be court of  Westminster and commonlaw before the Norman conquest law be ab for ever assisa  be hasty remedy upon failure of right in a franchise and a resummons sue the  court of the franchise shall never afterward have conusance of that plea the  court of common plea can hold plea of assize if the land be not in the county  of Middlesex for by the statute of great paper assize be to be take in not  common with others county a conusance of plead be not grantable in a quare  hinder for the franchise can write to the bishop where the superior court be  seize of the plea conusance be not grantable nor be it grantable of a plea out  of the countycourt for this court can award a resummons a franchise be not  Allowable if it have not be allow within time of memory it ought to be claim  on the first day because of these difficulty they who have such franchise  seldom be see to demand conusance see my repertory title conusance
case LXVI Elizabeth dyer use trust forfeiture guard h cap raze ware  beneficiary and use of land hold in capite of the king and of other land hold  of other by knight service or in socage die his heir within age the king shall  have his prerogative in all the land by construction of the statute of h for  the ware of beneficiary and use for it be ordain that in this case the king  shall have the wardship as if the tenant have die seize in his demesne by all  the judge of England if the tenant have die seize without doubt the king shall  have have his prerogative at this day use be abolish and ordain to be unite to  the possession if land be convey to one and his heir to the use of he and his  heir in trust for the feoff and his heir the king in this case shall not upon  the death of such feoff have the wardship neither shall he have the forfeiture  of such land for treason or felony if the feoff die his heir within age shall  be in ware if the feoff be attaint of treason or felony the land and the trust  be lose in case of a chattel so convey in trust for a a commit treason or  felony this trust be lose the earl of Somerset take a lease for year of sweet  wine from the king in the name of sir John Dacombe the earl be attaint of  felony this lease be forfeit hob Rep a use be not forfeitable at commonlaw but  it be grantable a trust at this day except of chattel be neither forfeitable  nor grantable by law upon the statute of before h the king may have two ware  for the same Jenkins er p land at the same time videlicet if the heir of  beneficiary and use be within age and the heir of the tenant within age one of  these by the statute the other by the commonlaw
case LXVI h by the judge of both bench protection at the nisi prius the  plaintiff defendant and juror appear a protection be cast for the defendant  vary from the original writ in the addition of his name the judge adjourn the  inquest to another day at this day another protection be cast agree with the  addition in the original writ this protection be allow for no jury be swear a  protection after the last continuance may be allow at the nisi prius as well  as a plea after the last continuance there be equal reason in both case vide  post   light b regular a protection be only Allowable at the day when the  tenant be demandable in court to execute his default it be not Allowable after  a juror be swear
case LXVI h judge error redisseizin the statute of e ordain that error in the  exchequer shall be reform by the chancellor call to he two judge these judge  be only assistant and be not judge of the cause but yet these judgement shall  not be reverse without they by all the justice of both bench Jenkins er p upon  the statute of Merton cap the sheriff be judge in redisseizin assumpsit secun  crowner yet the sheriff only be judge but without the coroner the judgement be  void h ass pl
case LXVI James cro Heydon versus Minn averment where d have appear as a  attorney for a in a action bring by a against b it can be assign for error  that d be not a attorney or that there be no such person in a thing naturan  for it be against the record and the admittance of he for a attorney by the  court make he a attorney if he be not a attorney before this admittance in a  writ of error bring in this suit and error assign ut above the defendant in  the writ of error in this case plead in nullo be erratum this do not confess  that he be not a attorney but this plea be quasi a demurrer that this be not a  error at all judge and affirm in error
case LXVII ass pl the grandfather hold of the king in capite by knight service  be die seize the father enter and make a feoff of the land with warranty to a  after the death of the father a office be find that the father die seize of  this land and that c his heir be of full age before this office be find  another office be find that the grandfather die seize of the say land and that  it descend to the father in the time of e and that the say father be heir to  the grandfather c the heir of the father sue a to know facias in the time of e  recite the say two office against the say feoff as heir to his grandfather  that be heir to his father who be heir to the grandfather and that the  grandfather die approaching Himself tenant de we videlicet e the say land  whereas in truth he die in the time of e as appear by the say first office  find in the time of e to resise the land into the king hand to make livery to  the heir resolve by the sage that this to know facias do not lie as well  because of the warranty which the feoff have as the repugnancy in the writ  contrarian allega non be to hear at this day the feoff in this case may  traverse the say last office and confess the former office and allege the  feoff with warranty make to he by the father and pen this traverse the king  may make livery to the heir and leave the heir and feoff to try their right at  the commonlaw
case LXVII Cr hob   b James c b Cr by the judge of both bench Elizabeth cap  debt executor journey account asset debt be bring against a executor the  executor be outlaw upon the say action of debt he reverse the outlawry the  same plaintiff bring a new action against he he plead plene to manage it be a  good replication that he have asset on the day of the first writ purchase for  the defendant shall not take advantage of his own wrong by contempt of the law  if the plaintiff bring the say new writ in convenient time
case LXVII e h h e privilege supersedeas prerogative lift veneration  respublica rvit a clerk of the hamper who be make his account in the exchequer  be sue there by a a judge the defendant imparles this imparlance shall deprive  in this suit the clerk of the hamper of his privilege as a officer in the  court of chancery but if he have not imparle he shall have have his privilege  because he be attend his account for he ought to perfect his account if a  accountant in the exchequer be sue in the common plea a supersedeas shall  issue out of the exchequer to command they to surcease but if such accountant  in the exchequer be sue in the king bench no supersedeas shall issue thither  for the suit there be in person ring and no body can command the king but the  roll of the account shall be carry into the king bench and upon this the court  of king bench shall stay the suit there a accountant in the exchequer may be  sue by bill there by all the judge in the exchequerchamber the four court of  Westminster be equal ancient and therefore if any person privilege in any of  these court sue a person privilege in another of these court melior be  condition to have and hold such defendant shall not have privilege against  such plaintiff
case LXVII Elizabeth dyer h Fitzherbert challenge e dyer a if the juror reside  within a leet of either the plaintiff or defendant it be a principal challenge  although there be no tenure between they and although the leet by custom be  hold there only once a year for the juror be within the distress of such lord  of a leet by the judge of both bench a stranger may be swear in a leet pass  through the precinct of the leet a distress take for not do suit to the leet  may be sell it may be take in any ground within the leet of the cattle of he  who make default every one within a leet of year of age ought to be swear to  the king for the reason above give it be never doubt that a challenge of a  juror who hold of the plaintiff or defendant be a principal challenge h h h
case LXVII Elizabeth more and bedells case put in osborn case   count damage  error a and b make mutual assumpsits the novemb Elizabeth to stand to the  award of c of all controversy between they a judgement among other thing be  put into the award a award be make of two thing that a shall pay to b at a  certain day in satisfaction of the say judgement and that a shall make a  release of all demand to b until the of purifying ensue the say novembris b  bring a action upon this assumpsit against a and the plaintiff declare of the  say two point break and it be find with he and entire damage be give resolve  that the count be good although the breach be assign in two point for it be  not as a penal obligation to perform several thing for in such case the  plaintiff in his replication shall assign one breach only for that be  sufficient to forfeit the obligation but in this case only damage be  recoverable and they be relative to every breach as in case of many covenant  contain in one deed it be resolve that the entire damage be ill give and make  the judgement erroneous because the release be of more than be submit to the  award these damage shall be understand to be give for these two breach  understand this case that there be no averment take by the defendant that the  other controversy be between the say novembris of purifying Jenkins a  submission to a award of all controversy to that day be make novembris so that  the award be make before of the tenth the award be make Jenkins er p of the  tenth this award be good for the law suppose that there be not any difference  between they except those until the of November if the contrary be not show  and aver in plead
case LXVII h Cr James Cr Bradford versus Woodhouse dyer attorney debt a  attorney may maintain debt against his client for his fee and expense which he  disburse in a suit he may maintain debt against the servant of the client  where Jenkins er p he retain he for his master to take in hand the fee and  expense of the servant for it be the contract of the servant as a promise to a  surgeon of for cure a stranger or of for building a stranger house or to a  tailor for make a garment for a stranger judge and affirm in error
case LXVIII e by the judge of both bench corporation upon a account which  concern the mayor and commonalty a assignment of auditor b the mayor alone be  good and this without a deed and so if by the mayor and commonalty where a  mayor and commonalty be seize the entry to revest this estate ought to be make  by one authorize by a deed under their common seal
case LXVIII Elizabeth dyer bail Stamf Inst blow a man convict of felony be not  bailable for bail be allow when it be indifferent or doubtful whether the  person accuse be guilty or not but as to he who be convict two jury have pass  upon he and it be evident that he be guilty by all the judge of England  Jenkins a be indict of felony he be bailable the king bench may bail one  indict of murder at commonlaw he who be take for the death of a man by the  king commandment or the commandment of his judge or for do mischief in a  forest be not bailable at this day by several statute some person be bailable  which be not so at commonlaw bail for felony ought to be take by two justice  of the peace of which one to be of the quorum by stat mark cap
case LXVIII Elizabeth dyer Inst b b ass pl e feoff attornment enrolment    light b a make a lease for life to b and afterward make a deed of feoff to c  with a letter of attorney to e to deliver seize to c e deliver seize b be upon  the land and say nothing afterward b atturns to c the reversion in this case  be well pass by all the judge of England it be the intention of the party to  covenant to pass this land by livery but because the land be to be pass and  because the reversion of the land be the land the reversion shall well pass  but such deed of feoff will not raise a use although it be enrol afterward for  a use be not the land it be something else and it be indeed no more than a  real confidence a bargain and sale of a manor to which a advowson be appendant  by indenture not enrol do not pass the advowson for it be not pass as sever  but as appendant and it can pass as appendant for the manor do not pass a  covenant by indenture between father and son in consideration of a sum of  money to raise a use to the son ought to be enrol but not if it be for money  and natural affection Martels case h Br case
case LXVIII h double plea by annae cap the defendant may plead several matter  by leave of the court in a assize the defendant plead that he be seize until  he be seize by the plaintiff and that thereupon he bring a assize against the  plaintiff and recover the land in plaint this plea be not double for the seize  and seize of the defendant be only a inducement to the recovery which be the  effect of the plea by the judge in the exchequerchamber
case LXX e dyer f n b there may be a court of piepowder by custom where there  be neither fair nor market and this court be a court of record if it may hold  plea of a sum above S so adjudge and affirm in error in word res ratio to seek  be this court of piepowder be only nominal I e by custom court custom error  such a court for the statute of e cap and I r cap require that fair and market  shall have such a court without a prescription this court be call curian foot  pulverisati because of the confluence of people there who by their motion  raise dust well lutum they proceed de horan in horan
case LXX el dyer h h h h e e custom BurroughEnglish gavelkind Noy   Davis a b  a of his body accord to the course of the commonlaw these word accord to the  course of the commonlaw be void for custom which go with Jenkins er p the land  as this be and gavelkind and suchlike custom which fix and order the dissent  of inheritance can be alter only by parliament by Catlin dyer sander Whiddam  brown Bendlowes they be then of sergeantsinn in fleet street
case LXX Elizabeth Cr Yel Poph Cr hob trespass novel assignment evidence  demurrer dyer in trespass the defendant plead in bar the plaintiff make a mew  assignment in his replication the defendant rejoin that the place mention in  the bar and in the new assignment be all one upon this the plaintiff demurrer  the plaintiff have judgement affirm in error for the plaintiff shall never be  receive to give evidence that the trespass be do in the place name in the bar  for he have deny that by his new assignment and therefore the defendant  rejoinder be vain the defendant ought to have plead to the new assignment
case LXX h appeal to know facias in a appeal the defendant be outlaw and have  the king pardon the appellee sue a to know facias against the appellant the  sheriff return the appellant dead the defendant shall have his pardon allow  without sue another to know facias against the heir for that will be in vain  the appeal which be once begin die with the appellant and do not descend it  will be otherwise if it have not be begin for there it descend by the judge of  both bench law nil compose in vain tenant for the life of another recover the  land beneficiary and vie die the heir of tenant pur auter vie shall not have  execution if it appear of record that his father have only a estate per auter  vie
case LXX James Waller versus mansel cro h f n b the issue be a default at dale  the visne shall be of dale not de vicineto one be a will the other a borough a  assumpsit be lie in Newberry and the visne be of Newbury or de vicineto de  Newberry good both way the verdict be good all be well judge and affirm in  error the precedent be against it h
case LXX Tr James b r   b a Cr lucre case damage slander slander be in these  word thou art a thief murderer villain bloodsucker bankrupt the plaintiff have  a verdict for he and entire damage assess he have judgement affirm in error  for it be all one slander and not different slander and it be speak at one  time and not at different time it be sufficient in this case if one of the  word will maintain a action as in a avowry for two rend and one be arrear so  where a writ be bring for two thing and it do not hold for one of they Godfrey  case   b a
case LXXI ass pl e h ass pl outlawry be a good plea in a hearing complaint for  the outlawry do not depend upon the hearing complaint and the judgement  against which relief be pray be not to be reverse but only the execution of it  in error outlawry upon the judgement which be to be reverse by the writ of  error be not a plea for the say judgement be the foundation of the outlawry  the reversal of it reverse the outlawry but in a writ of error to reverse any  other judgement than that upon which the outlawry depend outlawry be a good  plea it be so of a attaint where the attaint be to annul the verdict and by  consequence the judgement upon which the outlawry depend noth not disable the  plaintiff in the say attaint for the foundation be to be take away and  therefore the outlawry in this case be no plea judge by both bench if a writ  of error be bring to reverse a outlawry in any action outlawry in another  action shall not disable the plaintiff in error for otherwise if the outlawry  be erroneous it shall never be reverse exception rei pron  interrog   disintegration peti no one be
case LXXI Elizabeth challenge viscount precedent dyer a Br return de brief  Dall Rep the sheriff array the panel upon a venire facias and send it to term  by a messenger with other writ the messenger by compact between he and the  plaintiff alter the name of some of the juror three term after this the  sheriff discover this practice resolve that the sheriff in the same term may  disavow the return which be make of the panel but not afterward at another  term and this panel be so make the array can not be challenge in this case for  the challenge to the array be quod tempore pannelli fact the sheriff be  partial but it be not so in this case ancient form be not to be change the  poll may be challenge in this case by the judge of both bench fiat quod prius  become to become used
case LXXI h forfeiture juror   Griesleys case a juror return upon a venire  facias appear and afterward withdraw himself without leave of the court be  shall forfeit for this offence one year revenue of his land assize pl if a  tempest or some dreadfulaccident compel he to withdraw himself he shall be  excuse Fogassas case Plowd Com
case LXXI Tr James Sackfords case c be indebt to b a assume to b that if b  will forbear little time to sue c that he videlicet a will pay the debit of c  this be not a consideration to maintain a assumpsit the same law of word to  forbear suit for a short time judge and affirm in error little time or a short  time may be the next instant in such case forbearance of suit for a reasonable  time be a good consideration for it be leave to the court to judge of it and  the plaintiff declaration ought to show how long he have forbear and upon this  the court may judge whether such forbearance have be for a reasonable time
case LXXII e   light a by all the judge in the exchequerchamber demurrer  judgement general issue trespass be bring by I S of dale against I S of vale  for certain good take the defendant plead that I S of vale be possess of those  good as of his own until I S of dale take they and give they to the plaintiff  the plaintiff reply that I S of dale and the plaintiff be the same person and  be demurrer upon the plea judge for the plaintiff for the defendant joinder in  demurrer confess the replication and a man can give to himself and the plea be  no more than that the good for which the trespass be bring be the good of the  defendant which be not a plea for it amount to not guilty and where a plea  plead amount to a general issue thegeneral issue ought to be plead at this day  by the statute of Elizabeth where there be a plea without a colour a plea  amount to a general issue or a double plea the demurrer to such plead ought to  be special so if there be only want of form a general demurrer be not  sufficient as it be at the commonlaw the law reject double plead and plead  amount to the general issue because they be superfluous and encumber the roll  law throw back balance
case LXXII Elizabeth Nusans case dyer verdict nugation in assize the defendant  plead nul tort nul seize the jury find that the defendant seize the plaintiff  of the land put in view and mention in the will of I S and the verdict do not  find the will of I S the plaintiff have judgement affirm in error for the find  of the seize of the land put in view be sufficient and the mention the will of  I S be surplusage balance non nocent
case LXXII h h by all the judge in the exchequerchamber release Le roy jour  pardon the king have a verdict against a for debt or damage before judgement  the king pardon this debt and damage to a the king shall have judgement so it  be between common person but because that neither a to know facias lie against  the king for a if he be in execution nor a hearing complaint if he be not in  execution this pardon and release shall be allow to discharge the execution
case LXXII h the king tenant by knight service in capite give his land to a  for life the remainder to b in tail he in remainder die his heir within age  afterward tenant for life die this heir shall be in ware to the king if the  king will this case be so abridge by Fitzherbert title guard Br abridge this  case title guard cite the remainder to be in fee to b with which Fitzherbert h  agree see the statute of e ch it seem to I that the king shall not have the  wardship of this heir for the reversioner be tenant to the king the bishop of  Durham who have jure regalia in such case can not have the forfeiture for  treason of the land of such tenant in tail for he be not his tenant and the  statute of Westminster de gift divide the estate tail from the reversion and  make they two estate and bind the king and before the say statute of  Westminster de gift and the statute of because buyer the earth the king tenant  may feoff another to hold from he and so deprive the king of his ancient  tenant in demesne and though the alienation be without licence this be not  material for by the statute of I e ch this alienation shall stand and be only  finable post Jenkins tenant for life remainder in fee of land hold by  knightsservice he in remainder die his heir within age the lord grant his  signiory over tenant for life die this heir shall be in ware to nobody not to  the grantee for his the heir father do not die within his signiory nor to the  grantor for he have pass away his signiory   bingham case ab
case LXXIII e Fitzherbert attaint nisi prius salk e ch west h ch the statute  of the e ch give a nisi prius in attaint but this be before justice of one  bench or the other the statute of e ch give the nisi prius general to be take  before justice of assize but it do not speak of a attaint yet it be resolve  that the say statute of the e be to be understand that in all case where a  nisi prius be grantable even in a attaint the nisi prius may be before justice  of assize the counsel mention in this case be to be understand the parliament  judge justice to look on debet a nisi prius be grantable in a writ of right  where the mouse be join upon the great assize but if the matter in question  great to need examination then the justice of Westminster will not grant the  nisi prius but will try it at bar before themselves and it lie in the  discretion of the justice to do what they think best in this case Justitia non  be differend Jenkins a nisi prius be not grantable where the king be party  without the consent of the king attorney nor where one of the party or juror  be imprison so that the juror can it go to the country to attend nor the party  to take care of his challenge and evidence such party or juror may be bring by  habeas corpus to the bar at Westminster and there the issue shall be try if it  so seem reasonable to the justice at this day by force of the statute of h ch  which give tale de A standing round the imprisonment of one of the juror shall  not stay the nisi prius for there a tale de A standing round may be award it  be ordain that attaint shall be bring in the king bench or common plea and not  elsewhere and that a nisi prius may be grant in they
case LXXIII el   a   the earl of Pembroke case Cromwell case   b condition  proviso covenant forest waste a gift in tail be make of a walk in a forest  proviso and the donee covenant that he shall not fall any tree there be  timbertrees this proviso be a condition although a covenant be also add to  this purpose by all the judge of England note this be a walk in a forest but  in a gift in tail of land out of a forest provide that be shall not fall  timbertrees grow upon the say land the proviso be void for the law give he  power to commit waste if he will as well as the tenant in fee the act of  parliament call Charta de forresta prohibit the destruction of tree vert and  venison in forest case LXXIV Elizabeth Plowd fine claim condition infant a  seize or a feoff of a seize levy a fine with proclamation four year pass in  the life of the disseizee the disseizee die his heir be within age he have  only one year to claim in for such fine with proclamation without any claim in  five year be as a condition annex to the estate and although such condition  descend upon a infant yet be be liable to the breach of it as well as a heir  of full age Expedit republic ut sit Finis a strife by all the judge of England
case LXXIII Elizabeth dyer fine proclamation equity Inst blow the statute of  the h for fine require sixteen proclamation four to be make every term next  follow after the fine ingross term be sometime adjourn after such fine levy so  that no proclamation can be make the statute of mark c provide that  notwithstanding that no proclamation be make at such term yet the proclamation  be make at the follow term the fine shall be valid these word term adjourn  extend to part of a term adjourn where such adjournment prevent the four  proclamation from be make as if there be only two or three day of the term  leave not adjourn so that it be not possible that four proclamation shall be  make at four several day in the same term in such case such fine be valid  where the proclamation be make at the next term by the equity of the say  statute I mark for the mischief be the same at this day by Elizabeth cap four  proclamation serve where sixteen be require before this statute
case LXXIII h I this case be more Intelligible above cent case in a assize the  defendant appear by his bailiff the continuance be by these word die act of  giving be birth prediction without mention the bailiff the assize be adjourn  and the continuances for the party and the jury be as above and the sheriff to  have corpora recognitorum and all well
case LXXIII I Bulst Brownl roll mich James Cr more versus Hawkins nisi prius  justice plead jurisdiction visne venire facias a bring a ejection strong  against b for land in three will the defendant plead not guilty at the nisi  prius the defendant plead entry after the last continuance into two acre  parcel of the premise and do not show in which of the three will resolve by  the judge of both bench that at the nisi prius it be in the discretion of the  justice to receive a plea after the last continuance or not for it delay  justice the justice of nisi prius may accept such plea and certify it with the  record and not take any verdict the justice of nisi prius can accept a  replication to a plea plead after the last continuance neither can they suffer  it to be amend for their power be limit this plea be not good for want of  express in which of the will the say two acre lie for the court do not know  out of which will a venire facias shall be award to try it
case LXXIV e Fitzherbert quare hinder a quare hinder be bring against a bishop  and another the bishop plead he do not disturb the other plead in bar resolve  in parliament that a writ to the bishop may be award against the bishop but  that execution shall stay until the plea in bar be try for perhaps the other  defendant ought to have a writ to the bishop Justitia debet be full knights a  quare hinder against two one make default at the grand distress the other  plead in bar the plaintiff shall have a writ to the bishop without wait for  the trial of the plea in bar in this case for the say statute so ordain and  this be to avoid a lapse where the bishop be not a party ancient it be seldom  use to make the bishop a party in a quare hinder but in the principal case the  bishop be a party and there be no danger of a lapse
case LXXIV Elizabeth Yel Cr more dyer forcible entry justice de peace  restitution supersedeas dyer b   dal Rep pl   a e h a indictment of forcible  entry be find before justice of peace at their quarter session or special  session they grant a writ of restitution this writ of restitution ought to be  make under the testae of one of the justice of peace before who it be grant  where such writ of restitution be make no other justice can award a super  Jenkins er p to sit to such writ of restitution except those who grant it and  the judge of the king bench for the law presume that the king himself sit  there there may be a indictment of forcible entry upon the statute of h cap  before one justice of peace and restitution may be make by one justice by  force of the say statute by all the judge of England
case LXXIV f to know facias chancery trial equity a office find for the king  for certain land be traverse in chancery the land be first grant over by the  king by patent issue be join in chancery and this issue be send into the king  bench to be try whereas before the transcript be send into the king bench a to  know facias ought to have be award out of chancery returnable in the king  bench against the patentee the king bench can award a to know facias against  the patentee for that court have not the record resolve by all the judge that  it be only form and that a to know facias may be award out of chancery against  he returnable in the king bench notwithstanding that the transcript of the  record be remove before upon a recognizance acknowledge in chancery and a  transcript of it send to the common plea the common plea can award a to know  facias upon this recognizance lest the conusor shall be twice vex for the  chancery may issue another to know facias but it be otherwise if a transcript  of it be send out of the treasury for another to know facias can be award out  of the treasury no one pro causan One eaden debet his to shake
case LXXIV h Keyleway ravishment de guard verdict judgement surplusage in  ravishment of ware the defendant plead not guilty the jury find the defendant  guilty but they find moreover that pen the writ the plaintiff seize the ware  the plaintiff have judgement this judgement be affirm in error the defendant  may have plead that the plaintiff seize the ware pen the writ and this will  have abate the writ for the word of the writ or ravishment be that the sheriff  shall seize the ware ad reddendum Jenkins who To give back debet in this case  the jury find the ravishment which be the issue the find of the seizure be  superfluous and out of the issue the law be the same in the like case in waste  and ejection strong balance non nocent hob Hussey case west   b Cr the  judgement in a ravishment of ware if it be for the plaintiff if the infant be  marry be damage for the ravishment and cost and the value of the marriage if  he be not marry it be to recover the body and damage and cost for the  ravishment and quod to take in hand although the writ be not way arms for the  statute which give the writ have not those word although no ravishment be  without force
case LXXIV hill two James Cr lev hob doctor tenant case error joinder in  action principal and bail where judgement be give against the principal and  another judgement against the bail they can join in a writ of error for these  be two several judgement this writ of error be in the exchequer upon the  judgement in the to know facias a writ of error do not lie there quod in  person thou to sit back for the record be not there but in the king bench and  a to know facias be out of the statute of Elizabeth which give power to  examine judgement in the king bench by all the judge Jenkins er p
case LXXIV James I Cr Cr Morsham versus Bulwer venire facias Jeofails the bill  be file in the king bench the that of February the last day of Hillary term  and the award of the venire facias by the same roll be returnable the same day  yet good after verdict a venire facias be test the that of February two day  before the bill file the plaintiff have a verdict and judgement affirm in  error for it shall be intend that there be no venire facias in the case but a  distringa without a venire facias and the venire facias can be intend a venire  facias for this bill and so it be aid by the Elizabeth the statute of Jeofails
case LXXIX e h account bar in account the defendant plead that after his  receipt of the good for which the action of account be bring and which receipt  make he liable to render a account the plaintiff make a gift of the say good  to the defendant this be judge no bar but a good plea before auditor adjudge  and affirm in error a bail good to b to bail to c who do so this be a good bar  in account bring by a against b for here original be no account to be render  but in the principal case before the gift the defendant be Accountable
case LXXIX Elizabeth   b a bingham case by the judge of both bench guard waste  suspension extinguishment c cap take away this tenure tenant by knight service  grant his tenancy to a for life the remainder to b in fee b die his heir  within age the lord of this tenancy grant his signiory to c in fee a atturns  afterward a die the heir of b shall not be in ware to the grantee of the  signiory for b do not die his tenant a be his tenant nor to the lord grantor  for he pass his signiory away in the life of a and so this heir of b shall be  in ware to no body Jenkins lessee for life commit waste the lessor grant the  reversion in fee the tenant atturns this waste be become dispunishable for  this waste be not to the disinherit of the grantee of the reversion and the  grantor now have no reversion where the grant of the reversion be for life and  waste be commit after the grant and the grantee of the reversion for life die  in the life of the lessor this waste be punishable by the lessor for such  grant only suspend the action it be otherwise of a reversion grant in tail in  such case as some think and the tenant in tail die without issue in the life  of the donor for there the inheritance pass and the disherison be do to he in  tail cro part tenant for life the remainder in tail to a the remainder in fee  to b the lessee commit waste and afterward a die without issue b shall punish  this waste
case LXXIX h in the exchequerchamber Stamf praer dyer h alienation sans  licence pardon the king tenant in capite alien without licence and take back a  estate to he and his wife in tail remainder to his right heir the husband die  she enter the king pardon her all alienation without licence this pardon  discharge this alienation for she enter as tenant without the king licence and  this be a alienation without licence and a wrong do to the king by the justice
case LXXIX h principal and accessary coroner a woman bring a appeal of the  death of her husband against two it be find that one of they strike the  husband of which stroke he die and that the other defendant hold the husband  in his arm when the former strike he by all the judge in the exchequerchamber  they be both principal for both be present when the fact be commit
case LXXIX James   Bradshaw case lease condition count notice a make a lease  by indenture to b for year if c so long life c be dead at the time this lease  be absolute a covenant by this indenture with b that be a have full power to  demise this land to b as aforesaid in covenant bring by b against Jenkins er p  a upon this be need not show how a have not full power it be sufficient for he  to declare general that a have not full power for what power he have lie in  the knowledge of the covenantor and not in the knowledge of the covenantee a  make a lease to b if c life for year and c be dead at the time this lease be  void for the condition be precedent a lease for year be make to a to begin  after a lease for year make to c shall determine whereas in truth no lease be  make to c this lease to a shall begin immediate the law require truth and  convenient certainty in count and plead this certainty ought to be show by he  who in intendment of law have the most certain knowledge of it Nokes case   e  dyer e
case LXXIX James Cr ashmore case judgement fine damage in debt defendant plead  non be factum and afterward relict verification cognovit act the judgement be  quod sit in pity quod the plaintiff recupere debit predict and also financial  loss pro detentions speech debit and there be no mention of cost the plaintiff  have judgement affirm in error Damna imply cost where non be factum be plead  and a trial by jury passes against the defendant the judgement be quod the  defendant to take in hand otherwise not
case LXXV e Fitzherbert waste f n b e Fitzherbert ass h e h issue Fitzherbert  a guardian in chivalry commit waste the waste amount only to d the wardship be  worth much more by the advice of all the justice the guardian shall lose the  wardship but the infant shall not recover damage because the value of the  wardship be great than the waste si quis custos orphan fraud to make a  tutelage to move back be penny at this time be a considerable sum a bushel of  wheat be sell for d d be a attorney fee a ox of five shilling price be due to  the sheriff by Westminster ch where the defendant in assize be find a seize  the sheriff shall have boven of S price the discovery of the Westindies inter  alian be the cause of the increase of coin and the increase of money raise the  price of every thing
case LXXV Elizabeth dyer h Br case e Neleys lev lev release baron feme faits  roll Abr I Inst b Owen   a a make a obligation to b to the use of c a seal it  b and c be at the time of seal it at one place a put the obligation into the  hand of c and say this will serve this be a good delivery and though c  afterward marry a yet the obligation remain and be neither extinguish nor  suspend adjudge and affirm in error Jenkins this case prove that where a  obligation be make to the use of another without say in the obligation that it  be to his use his release shall be of no force for in the principal case the  marriage do not extinguish it but if the obligation have name beneficiary and  use it have be otherwise after the seal of a deed the delivery of it as his  deed to his stranger be good without say any word that it be to the use of the  obligee the word this will serve be tantamount to a delivery to the use of the  obligee if a blind man have understanding he may deliver a deed seal by he
case LXXV h brief journey be account   a b Spencer case a praecipe quod To  give back be bring against two one of they die the writ shall abate and in  this case journey account lie but not on a plea of nontenure or misnomer one  jointtenant my occupy all by the consent of the other misnomer and nontenure  abate the writ by the negligence and fault of the demandant but not so the  other writ it abate by the act of God a assize be bring against two one of  they die or as to one of they there be no such person in a thing naturan the  writ shall not abate if there be a seize and a tenant remain so of misnomer  for a assize be hasty remedy in such Jenkins er p case in trespass quare  hinder or replevin against two the death of one of they do not abate the writ  but in trespass quare hinder and replevin no such person in a thing naturan as  to one of they before the writ purchase abate the whole writ it be so if any  of they die before the writ purchase in assize trespass or quare hinder if one  of the defendant die after issue join upon suggestion of this to the court the  court will proceed to a venire facias and trial against the survivor only but  if one of they die before issue join the other alone shall join issue
case LXXV h by all the judge of England entry congeable   light light sacred  scripture   b a devise land to be sell by his executor a die seize the heir of  a or a seize enter and the heir or seize make a feoff of this land to b b die  seize and his heir be in by dissent yet the executor may enter into this land  and sell it for a dissent take away right of entry not title or power as entry  for a condition break entry for mortmain neither do it take away in the  Jenkins er p case of a devisee or patentee of land where a abator enter before  they and die seize for they have no other remedy and executor have only a  power and when they sell the vendee be in by the will of the devisor paramount  the dissent
case LXXV James Cr sir Philip stanhope case   Codwells case Jeofails amendment  trial a juror be name Hugh Malbi in the venire and Hugh Meltby in the  distringa this be amendable in the venire if it appear by the examination of  the juror and the sheriff that he be the same person and this although the  sheriff be discharge of his office at the time of the examination a juror be  name of one will in the venire and of another will in the distringa this be  not error for at the time of the venire he may dwell in one will and in  another will at the time of the distringa judge and affirm in error a mistake  of the Christian name in the venire can be amend it be otherwise of the  surname if as to the surname it appear by examination that it be the same  person
case LXXV more roll keb p James b r Cr and sir Christopher Heydons case in  assize the defendant confess the action the judgement shall be quod recupere  per look recognitorum for the say jury appear at the first day and have have  the view a writ of error in parliament be a supersedeas in itself it can be  grant without a petition to the king judgement be give in the common plea and  affirm upon error in the king bench and upon a writ of error the judgement in  the king bench be reverse in parliament this do not reverse the judgement in  the common plea for it be another judgement and the writ of error which be  bring be to reverse the judgement give in the king bench by all the judge  damage only be to be inquire of in this case this inquiry be only a inquest of  office error will lie upon it quality a word be salus quality Jenkins it seem  to I that a special writ of both judgement if there be cause
case LXXVI e subpoena form a act of parliament ordain that a seize make by a  to b shall be determine in the chancery before the chancellor call to he a  judge to hear and determine it along with he in this case the subpoena against  a ought to be special for a to appear in the chancery before the chancellor  and the say judge by the judge of both bench this act ought to be pursue  strict for it derogate from the commonlaw non be to go back a form per to  cause to stand precept
case LXXVI Elizabeth Bredons case I   lessee for year the reversion to the  king lessee for year make a feoff to b the term be extinct although nothing of  the king estate be divest judge by the judge of both bench so where tenant for  life the reversion to the king make a feoff the reversion be not divest and a  estate for life only pass yet it be a forfeiture in the case of the lessee for  year his feoff passes all out of he and do not pass the term to the feoff for  it be a feoff with livery and the lessor can have it and therefore it be  extinguish
case LXXVI Elizabeth dyer e to know facias patent prerogative roll ab finch Cr  car more regular where the king grant to patent of the same thing to several  person the elder may sue a to know facias to repeal the young but this be not  necessary the young may have a to know facias against the elder or the right  may be try between they in a assize or the king jure king may bring a to know  facias to repeal the second patent if it be in deceit of the king by the judge  and king sergeant
case LXXVI h r jurisdiction prohibition perjury if perjury be commit in the  spiritual court in a cause of matrimony tithe a testament a legacy or of any  other thing of which the conusance belong to their jurisdiction that court  shall have jurisdiction in such case of perjury and no prohibition lie it be  otherwise where the perjury concern a temporal matter by the judge of both  bench the spiritual court will not give sentence upon the testimony of one  witness only and yet if the cause belong to their jurisdiction a prohibition  can be grant on this account often adjudge
case LXXVI James Cr Cr tailor versus west trespass error this be alter by c  cap in trespass way arms be omit in the count it be a material error not to be  amend after verdict by the statute of jeofail h Jenkins er p
case LXXVI p James I Brownl   a b   light b Strickland versus Thorpe Cr  judgement pardon continuance de trespass amercement trespass be bring the  September James with a continuando to the that of novemb after upon not guilty  plead by the defendant the plaintiff have judgement the judgement be not quoad  to take in hand for a general pardon pardon all offence until September James  and upon this the force which give a fine to the king be pardon judge and  affirm in error lift causan to lift execution the force be the cause of the  fine the force be upon the first entry and that be pardon the king shall not  have a fine the judgement shall be quod non to take in hand because perdonatur  and he shall not be amerce in this case
case LXXVII ass pl h light cap release   b beverley case   light a b No man  shall be receive to avoid his deed by allege that he be non compos chin at the  make of it for such a allegation be repugnant in itself for if he be non  compos chin when he make the deed he can it know it because he be non compos  chin and this will also open a gate to dissimulation deceit and fraud no one  to send to be inhabilitare seipsun the king who be the common parent upon  office find of lunacy or non compos chin or fatuus born shall avoid all act  not of record which such a person have do Fitzherbert in his n b be of opinion  that a person non compos chin shall avoid his own act it seem that then in the  time of h it be not take for a maxim in law that no man shall disable himself  by be non compos chin but the reason before allege have prevail and now it be  receive as a maxim in law but the king during his custody and the heir after  the death of his father for the inheritance and the executor for the  testamentary estate shall avoid the respective act t not of record of a person  non compos chin or a idiot or lunatic
case LXXVII e   r Fitzherbert guard hob e e if the king ware upon a tenure in  capite die his heir within age or of full age before livery a writ of to come  ought to be sue andnot a they to shut extremum Jenkins er p for the writ of  they to shut command to seize the land into the king hand where they be not  then in his hand the to come recite that the land of the ware be in the king  hand and that the ware in his custody they to shut where a they to shut be sue  when it ought to be a to come it will not serve to obtain livery nor serve to  maintain a traverse where a traverse may be where the king tenant in capite  die his heir within age and land descend to this heir from another ancestor  who hold of another lord the king have no prerogative of these land the  prerogative hold for all land hold from any lord of which land the king tenant  die seize by the stat de tribe which voted first king c fiat prout become to  become used   light a Stamf praer Litt sacred scripture Jenkins the king  tenant in capite be seize and die his heir within age the king in this case  shall have his prerogative for he be the king tenant in right and die have  right to the seize
case LXXVII Elizabeth   b bingham case   use lease do remainder a seize of  land in fee levy a fine of it to b to the use of c in tail remainder to the  right heir of a a in the life of c make a lease of this land for year c die  without issue this be a good lease against a for this remainder be a reversion  in a for the use of the fee be not out of he when the use to c in tail be  limit but remain in he videlicet in a and be a reversion in a and his heir in  this case be not a purchaser but shall have it by dissent Jenkins er p a  tenant by knight service in capite levy a fine to b to the use of a in tail  remainder to b the conusee in fee this be a remainder and not a reversion  although b have the fee before for the indenture guide the use the fine and  the say indenture make but one assurance the heir of a the conusor in this  case be within age shall be in a ware if the king have his election in the  case of such entail the remainder in fee there have be no occasion to make  such a construction
case LXXVII Elizabeth dyer alienation sans licence pardon grant baron and feme  h h Stamf praer   b blow dyer Br parliament a purchase land to he and his wife  and to his right heir the land be hold of the king in capite a have not a  licence the king by a coronationpardon pardon a all men transference of  ownership transgression collision pro where you will alienation Himself fact  this pardon pardon this alienation for the word alienation proper go to the  fee and a coronationpardon ought to have a favourable construction by all the  judge of England such pardon will not serve where the husband purchase to he  and his wife for their life e Fitzherbert grant a husband and wife have a  lease for their life a grant of the reversion of the land which the husband  hold be a void grant two h a alienation without licence to a tenant for life  remainder to b in fee a pardon of alienation to a will not serve b but where  the alienation be to two jointtenants in fee a pardon of all alienation to one  will serve the other h for they make but one tenant the trespass and wrong do  to the king by the alienation be do by the feoff for he enter without the king  licence
case LXXVII h a h   ruddock case dyer attaint joinder in action release a writ  of conspiracy be bring against two one plead not guilty the other justify both  issue be join be find with the plaintiff and entire damage and cost be give  both the defendant ought to join in the attaint and the release of one shall  not hurt the other for they be force to join and the attaint be bring to  excuse they from the say damage and cost and not to gain any thing but where  there be two plaintiff in debt or trespass and a erroneous judgement be give  against they there the release of one shall bar the other in a writ of error  bring by they for they be to recover a joint debt or damage by the reversal it  be otherwise if judgement be give against they as defendant for in this case  the writ of error only tend to excuse they there be two coparceners or  jointtenants one of they be a alien or attaint of felony they be seize they  shall join in a assize or praecipe and a bar to one of they be not a bar to  the other but outlawry in trespass debt c where two join in a real action and  one of they be outlaw this plea of outlawry abate the whole writ in a assize  of a office where two bring the assize and one be a alien the whole writ fall  for the office be entire e Bagotts case in assize where alienage be plead to  the writ or in bar after the allegation the conclusion be that the defendant  petit si quer to answer debet
case LXXVII h Keyleway avowry faux imprisonment double plea a avowry be make  for see below many cause it be find for the avowant for one of they as where  the avowry be for homage and fealty not do and rend not pay and it be find  that the homage and fealty be do but that the rend be not pay the avowant  shall have a return for he have one good cause to distrain and he shall be  amerce for the other pro falsely warcry in false imprisonment where the  defendant justify for several cause and some of they be find good and other  not the defendant shall not be amerce for this falsity for there be good cause  for the arrest and this be only a defence and not by way of action as a avowry  be
case LXXVIII dally pl Elizabeth dyer by all the judge Stamf clergy bigamy  heresy council   dyer a bigamus at commonlaw shall have his clergy the statute  of bigamist e admit the Council of lion which take clergy from he I e c  restore it I mark c take it away I Elizabeth c restore the commonlaw and  repeal the I mark c in this point ancient clergyman sacrifice row custom when  they be ordain priest if they be not marry be restrain from marry after their  Jenkins er p ordination as appear by the canon of the apostle and the three  canon of the council of nice hold A D the Elizabeth c ordain that only the  scripture and four first general council to wit of nice Ephesus Constantinople  and Chalcedon shall determine all heresy a bigamus be not only he who marry  twice but also he who marry a widow for she be not a virgin and a priest ought  to marry a virgin as the law of Moses require he who commit a rape or burglary  shall not have his clergy by Elizabeth c
case LXXVIII e adjournment exposition de parols lease a writ of adjournment of  trinityterm be ab octabis Trin the court ought to be hold at Westminster on  the octabis for ab octabis exclude this return out of the adjournment it will  be otherwise if the adjournment be at octabis or in octabis for then this  return of the octabis will be adjourn quality a word to make safe are by the  judge of both bench a lease for year make from the first of August begin  August
case LXXVIII Elizabeth   a bingham case   Ratcliff case chattel tenure these  wardship be abolish by c cap tenant by knight service make a gift in tail to  hold of he by knight service the donee die his heir within age the donor die  and his reversion descend upon that heir the heir as to the land shall not be  in ware to the lord by knight service for the reversion only be hold of he the  father have the wardship of his son jure naturan it be not a chattel which  shall go to his executor but if the father die have the wardship of the body  of his son and heir and the son continue within age the lord by knight service  shall have the wardship of the body and land light cap chivalry
case LXXVIII h Keyleway   a h trespass way arms signior Marlbr cap Littl cap  Releasei trespass way arms be bring against the servant of a lord who distrain  for rend or service pretend to be due to the lord it be adjudge maintainable  and affirm in error for the statute of marlbridge say only dominus do to  punish per redemption which do not extend to the servant if he distrain  without cause for this statute be to be take strict derogate common law the  say statute be to be thus understand that at commonlaw in such case where  trespass be bring without way arms and it be find against the defendant he  shall be only amerce but always in trespass way arms if the defendant be  convict he be fine and imprison and this statute ibidem   a   light exempt the  lord from the fine upon a writ of a action of t trespass quare way arms if it  be in see c cap Cr trespass de enclosed space to break in pieces or battery  and way arms be omit in the count it can be amend after verdict cro James the  statute of marlbridge cap alter the law as to the lord where he distrain upon  he tenant Jenkins er p
case LXXVIII James Cr Brian Nelson case   a bannister case slander action sur  Le case Brian Nelson heir apparent of a be suitor to a maiden who have to her  portion during the say treaty of marriage c the defendant call Brian a bastard  and Brian the plaintiff declare that the maiden hear of it reject his say suit  because of the say slander and he also declare that his father be thus far be  seize in fee of land which be worth per annum and the slander be in these word  have Brian Nelson the bastard arrest you be that all the spite he Brian Nelson  the bastard can do you upon not guilty plead the plaintiff have a verdict and  judgement affirm in error
case LXXX ass pl Stamf praer upon a indictment of felony before the coroner or  upon the arraignment of the felon before justice if flight be find by the  inquest or jury although there be no flight there be no remedy and if the  inquest or jury find that b have two horse belong to the felon if it be false  upon a to know facias against b for these horse he shall be receive to  traverse this part of the presentment but not the flight so upon a exigent  duly award upon a indictment Jenkins of felony the award of it give a  forfeiture to the king by all the justice to confess deed who flee judgment  and the law give credit to this find of flight by the oath of twelve juror and  also because of his nonappearance as to a presentment of bloodshed in a leet
case LXXX b   a Keyleway ft avowry waiver de choose return de aver Marlbr cap  in replevin the lord avow the distress take for suit of court and the tenure  to be by suit of court and rend but the lord in his avowry do not show the  time and place when and where the court be to be hold and so the avowry be  insufficient as to this but the issue be join upon the tenure and find for the  avowant the avowant have judgement and it be affirm in error for the plaintiff  not demurrer upon the avowry this fault be only in point of form he have waive  it and admit that he know when and where the court be hold and where a avowry  be for see above two thing and one be find with the avowant and the other  against he the avowant shall have a return for one cause and be amerce for the  other the lord shall have homage and fealty do to he but once in the lifetime  of his tenant if the lord cut down tree or break the close or hedge or gate or  abuse the distress and do not behave himself as a lord a action of trespass  way arms lie against he but not where he only allege tenure and take a  distress for the service and a issue be find upon the tenure as if it be  allege by fealty and rend and the tenure be find by fealty only although the  issue be find against the lord yet because the tenure be find and that he be  lord the court ex duty ought to see above abate the writ it be otherwise if no  tenure be find at all for then he be not lord
case LXXX e arbitrement peace retraxit error a and b bind themselves  reciprocal in two obligation to stand to the award of c of all controversy and  demand between they the award be on the I maii that a shall withdraw his suit  in trespass against b and that b in satisfaction of the say trespass do to a  shall pay a S and that a shall release the surety of the peace which he have  against b in the king bench a by his attorney retraxit his suit this be a  breach of the award for it ought to be do in person the award be make maii and  that b shall pay to a S in satisfaction of the trespass without mention any  time of payment and tender be make of the say S in octabis michaelis next this  be a breach of the award the arbitrement be good though no time be mention  payment or tender ought to be in convenient time after the award and five  month as in this case between the award and tender be not a convenient time a  tender and refusal of the S in a convenient time have save the obligation as  to this point the award also be that a shall release his suit to have the  surety of the peace which he have against b in the king bench whereas before  the award b have bind himself in surety of the peace in the chancery the award  be not break in this point for the law do not suffer any person to have two  surety of the peace at one time against another person Jenkins b sue this  obligation and have judgement which be affirm in error judgement give in the  king bench upon matter in law can only be reverse in parliament but in certain  case mention in the statute of Elizabeth such judgement if there be cause may  be reverse by the judge of the common plea and baron of the exchequer of the  degree of the coif videlicet by six of they at least arbitration be judgment  Jenkins er p
case LXXX h h keb pl Carth Mod keb go mark lev content a have judgement in  debt against b and a capias ad to give satisfaction against he b be take by  force of it the defendant attorney inform the court that he have a writ of  error in this case before the execution execute which writ of error he have  not with he at the time of the execution b be commit in execution ut above for  b ought to have deliver the writ of error before the capias be award or after  it be award and before execution to have a supersedeas Cr by the justice of  both bench to watch subserviunt jura h Fitzherbert return de viscount  Elizabeth e h hob h and h h h a have a capias ad to give satisfaction against  b b have a supersedeas to it in his pocket b be take upon it by the sheriff  and immediate deliver the supersedeas to the sheriff this shall discharge he  from execution who of facio in intemperate to be in to see Jenkins the common  plea after execution award and a writ of error deliver there before execution  execute may award a supersedeas if ail order or rule be make by the court that  execution shall not issue or if judgement be enter before it be pronounce  although execution be execute in these case it shall be set aside by a  supersedeas because improvident to flow out if the plaintiff in a writ of  error be nonsuit or do not remove the record before the day of the return of  the writ of error or if there be too long a day between the testae and the  return of the writ of error no supersedeas shall avail in these case because  of the manifest delay of justice Justitia non be to say no non differentian
case LXXX James Cr sander versus esterby hob contra collateral assumpsit  collateral promise must be put in write by c cap a assumpsit lie against a  executor upon a collateral promise of the testator as upon the testator  promise to the plaintiff if he will marry his daughter that he shall have as  much for her portion as any other of his daughter have judge and affirm in  error this judgement be against former opinion for a collateral promise not  break in the life of the testator
case LXXX James Cr SC   doctor Leyfields case monstrance de faits colour  demurrer peremptory a bring trespass against b for take and carry away his  tithe the defendant plead that the king be seize in fee of the rectory to  which say tithe belong and give they by patent to c for life who make a lease  for year of they to e and that the defendant as he servant and by his command  take this corn and carry it away without give colour or show the king patent  make to c the plea be judge have the plaintiff have judgement affirm in error  for in the case of party or privy in interest who come to a particular estate  derive out of a other which require a deed to create it as in the case of the  king patent or a lease of a corporation or in case of the grant of a rend or  of any other thing which lie in grant the first patent or deed ought to be  show otherwise of those who come to such thing by act of law as tenant by  elegits or statute or tenant in dower tenant by the courtesy c cro part have  this case Elizabeth in debt u on the statute of e for not separate of tithe  and the first patent be not show and yet good that case be in the declaration  and the say first patent be not show in the declaration for it be only a  conveyance to the action but in the principal case it be in bar to the action  Jenkins there need not be any colour for tithe for of common right they belong  to the parson where colour ought to be give and it be omit or for doubleness  or a special plea amount to the general issue a general demurrer will riot  serve for such fault by the stat of Elizabeth for demurrer the demurrer ought  to be special show the cause and if the demurrer be general and there be no  other cause but such fault judgement shall be give against he who demurrer  upon a plea to the jurisdiction person writ aidprayer view essoin voucher and  demurrer join upon such plea or prayer and rule against he who demurrer there  be only a judgement to answer over
case LXXX Tr Elizabeth mercer case slander implication intendment a action on  the case be bring for scandalous word and the word wickedly be want in the  declaration yet adjudge good and affirm in error for since they be scandalous  they be eastern Self malicious bedels case   expulsion out the dawn who tacit  sew up nothing service
case LXXXI a praecipe quod To give back be bring against husband and wife a  protection be cast for the husband because he be in the king service and the  same day a innotescimus be deliver to the court by which it appear that he be  not in the king service this be a default in both husband and wife and a grand  cape shall be award the default of one of they be the default of both but if  the protection have be allow the parole will have be without a day and after  the year and day may be revive by a resummons if a protection be allow and  repeal within the year and day a resummons shall be award within the year and  day a essoin of the king service do not put the parole without a day by the  cast of it but a day be give to he who cast the essoin to bring in his  warranty which be call warrantia a day this be a writ which testify the essoin  and such essoin be as a protection for a year and a day in a praecipe quod To  give back against husband and wife the default of the husband be the default  of both for this be no mischief to the wife for after default upon default of  the husband the wife shall be receive to defend her right as a feme sole in a  praecipe quod To give back the sheriff return that the tenant be summon  whereas in truth he never be summon the summoner veiors and pernors die in  this case if the tenant lose his land by judgement upon default a action upon  Jenkins er p the case lie for he against the sheriff for his false return and  he shall recover against he the value of the land so lose at this day by the  stat Elizabeth ch no grand cape shall issue in a praecipe quod To give back if  upon the summons proclamation be not make at the church door of the parish  where the land lie on Sunday after divine service at least day before the  return of the summons
case LXXXI dally pl Jo ass pl dyer e e Fitzherbert judgement e m h ch Stamf a  strike b in westminsterball sit the court or before the king justice of assize  or gaoldelivery a shall be indict of this and if he be convict his judgement  shall be that his right band shall be cut off that he shall be imprison for  life and his land and chattel forfeit to the king this forfeiture be of the  inheritance of the land and a must be indict and convict of this offence  before this punishment can be inflict for strike in the palace of Westminster  near the great hall there sit the court the punishment shall be fine and  imprisonment and to be bind to the good behaviour cro car pl lift veneration  the office of master respublica rvit
case LXXXI e assize view waste a assize be adjourn upon the adjournment the  entry be quod assisa remanet to take in hand because quidam a swearer non to  have look judgement be give in this assize and error bring and assign in this  entry for the entry ought to be quod assisa remanet to take in hand diminution  look as this entry be six of the recognitors may have have the view which view  have be sufficient and the other six not to satisfy the word quidain by the  justice and prothonotaries this judgement be reverse if the recognitors of the  assize have the view ex not common with others notice it be sufficient without  have the view by the sheriff in a assize and waste six ought to have the view  if they do not take upon they to the sheriff that they know the land in plaint  and the land mention in the writ of waste but if so the view by the sheriff of  land which they know by other mean be void and superfluous
case LXXXI Elizabeth dyer   a pain fort dure extent de Ceo judgement a traitor  stand mute upon his arraignment and will not plead he have the ordinary  judgement and be not put to the pain fort dure for this by west cap be ordain  only in case of felony and do not extend to appeal or to reason by the two  chief justice the chief baron and Whiddon justice
case LXXXI Elizabeth Fitzherbert lie gager e Elizabeth action sur Le case  assumpsit collateral a collateral assumpsit of the testator bind the executor  as to pay a debt due by I S to the plaintiff if the plaintiff will forbear sue  I S for a year cro part if the promise be break by the ancient law in a action  on the case where there be no force wager of law lie
case LXXXI Yel Brownl Bulst Noy Cr hill James Orde versus Moreton Tr Elizabeth  Adam versus Andrews certiorari often adjudge variance remover de record error  faux judgement where a writ of error true recite the name of the party to the  action the action itself and the thing in demand although the writ of error  abate for other defect a new writ of error de think over quod in person thou  to sit back well lie justice be hasten by it and the party put to less expense  in the prosecution of their suit Tr h in the king bench error accord h  Fitzherbert record accord h dyer accord for a writ of false judgement  Elizabeth dyer in attaint where a certiorari be to remove a record in the time  of one king and the record remove be of the time of another king the first be  not remove at all so upon a writ of error
case LXXXII a venire facias be return the name of one of the juror be tippet  the habeas corpora and distringa Tipper upon examination it be find to be the  same person and that his true name be tippet it shall be amend Jenkins er p
case LXXXII e appeal execution release a woman bring a appeal of the death of  her husband and have judgement she can have execution of this judgement if she  do not pray it in person she be great with child a judge go to her to know  whether she will have execution she say yes the appellee be bang if she take  another husband after judgement she may have execution the release of the  appellant after judgement be show to the court shall stay the execution till  this release be confess or prove or disprove and the appellant shall be warn  upon it by a to know facias a charter of pardon for felony be show to the  court shall be allow after judgement upon a indictment and execution shall not  be do de vita man no one be delay longan if there be two appellees a release  to one of they will not serve the other as it will in trespass trespass may be  satisfy by a recompense pay by one but no recompense serve for a life lose in  civil matter a release after judgement will not stay the execution without a  hearing complaint supersedeas
case LXXXII e John duke de lancaster case repugnancy brief to know facias  office slaughter case coke where the recital of the mandamus in the melius to  seek after be repugnant as where the melius be to inquire if a hold of king  James and per who the condition of a slave whereas he die in the time of Q  Elizabeth by the mandamus this melius be void   blackamoor case a fine sur  grant and render be levy by a to b in the time of king e a to know facias be  bring in the time of e to execute this fine levy in the time of e as follow  quod cum quidam Finis alleviate to be in curian father our men e de manor de  dale tenendum de we which can not then have be so hold for we in the writ  refer to e but when the fine be levy this manor be not hold of e but of his  father e resolve in parliament that this writ be good for it be good in  substance and this be only a circumstance and the fine be levy in the time of  e and although the to know facias be bring in the time of e yet when the fine  be levy the manor be hold of e the to know facias have be more formal if  instead of the word tenendum it have say tent de patre our men yet this be  only a form and circumstance and by a statute make e ch a judicial writ shall  not abate for want of form breve judicial non to fall pro diminution form  Jenkins er p
case LXXXII Elizabeth dyer h p c judge clergy precedent fine pur contempt  adjournment Commission Stamf b a justice of gaoldelivery after the session be  adjourn may reprieve a prisoner and allow he clergy under the gallows Stamford  if a prisoner pray his clergy and do not read and by consent of the ordinary a  entry be make quod non legit this entry be void and never be use if this same  prisoner afterward be reprieve to another gaoldelivery and then pray his  clergy be shall have it the entry as to clergy be only use when he read quod  by annae cap read be not requisite on the allowance of clergy legit ut  clergyman a gaoler who suffer felon to be instruct to read may be fine he  ought to keep they strict by all the judge of England Jenkins er p interest  republic ne criminal to stay behind unpunished Jenkins justice of assize  assign for the county by force of the statute of west cap have no occasion to  have a special patent for every assize the general commission serve and the  justice of nisi prius have power to give judgement upon felon and traitor  convict before they by the statute of h cap ancient two of the judge of the  court of Westminster go the circuit and take assize c and deliver gaol and  because frequent they can not give proper attendance in the country power be  give to the judge of nisi prius as aforesaid f n b at this day the judge in  their circuit have five commission of oyer and terminer of the peace of  gaoldelivery of assize of nisi prius
case LXXXII h by all the judge in the exchequerchamber attaint equity the  statute of the r cap ordain that if a false verdict be give before the mayor  and bailiff of Lincoln and a attaint be bring upon it that it shall be try by  the good man of the county h create the say city a county and ordain that the  bailiff there shall be sheriff in the h it be ordain by statute that if a  false verdict be give before the mayor and sheriff there and a attaint be  bring for it that it shall be try by foreigner a false verdict afterward be  give in the say city before judge of nisi prius a attaint bring in this case  shall be try by man of the county of the city for the statute do not ordain a  trial Jenkins er p by foreigner in such a attaint but only where the false  verdict be give before the mayor and bailiff or mayor and sheriff there and  this case be leave at commonlaw at commonlaw the attaint shall be bring in the  county where the false verdict be give attaint be not to be take by equity for  they be penal favor to widen are hate to bind back at this day by the statute  of h cap no attaint shall be bring except in the king bench or common plea
case LXXXII h judge and affirm in error a distress of twenty cattle be take  and a replevin sue of they and the plaint be only of ten cattle the defendant  may avow for the caption of the twenty or only for the ten in the plaint
case LXXXII James Cr George thorn versus full a the plaintiff count in  assumpsit that where b be indebt to he in and he have sue b in curian domini  king ad placita in person ring to hold whereas the true style of the court be  ad curian domini king in person Self ring to hold and have arrest b that c the  defendant assume to a if a will not prosecute this suit that the defendant at  such a day afterward will pay the debt the plaintiff have a verdict and  judgement affirm in error for as for the style of the court allege in the  declarationit do not vary in substance from the true style and hob Bidwell  versus cotton although Jenkins er p there be no cause show of a debt due from  b to a yet it be only a inducement and collateral to c s assumpsit it be well  and this forbearance of prosecution be a forbearance for ever but little time  or for a short time will not serve in a declaration upon such assumpsit
case LXXXIII Elizabeth Heys versus Allen Cr f n b dyer demand Nosme praecipe  quod return meason a husband seize in the right of his wife and have in his  own right land contiguous to his wife land build a house which extend foot  northward and foot eastward upon his wife land the rest of the house stand  upon the husband ground the wife die without any issue have by her husband the  heir of the wife bring a who in vita against the husband and demand the say  land by the name of a house and have judgement pro tanto as aforesaid affirm  in error it be not a house if it be not cover a house be call in Latin tectum  or house
case LXXXIII h a challenge that the sheriff be seneschal to one of the juror  be not a principal challenge to draw the say juror by the judge of both bench  so if a juror be marry to a cousin of one of the party and this cousin be dead  without issue it be no challenge
case LXXXIII h h h h protection   light b a protection may be allow after the  array be challenge and the triers elect and swear or after a adjournment but  no protection can be allow after a juror be swear for it be a manifest delay  of justice and regular a protection lie only where the defendant or tenant be  demandable for the protection be to excuse his default and be can make default  when he be not demandable by the justice of both bench king quod be unjust to  make non to be able a protection do not lie to disturb a arrest or the  execution of it for the judge ought to allow it first which can be without the  view of it first in court a protection of the king service be not Allowable  pendent plea except in a voyage royal e protection Fitzherbert c
case LXXXIII hill James   b c hob case de dispensation pardon patent grant  poor the king can grant to any one a power to dispense with any penal statute  justice and mercy be inseparable annex to the crown and can be transfer if  penalty be give by act of parliament for relief of the poor the king can  dispose of they otherwise the king may dispense with malum to hold before  before the offence be commit and pardon it after it be commit the king can  dispense with malum in see before it be commit but he may pardon it afterward  by the judge of England e Fitzherbert coroner the king can grant to another  the year day and waste give he by the law for he can transfer his mercy as to  malum in see as treason rape burglary robbery the law presume that after the  offence be commit the king will not pardon it without good and grave advice  the subject appeal can be take away from he for rape murder felony or robbery  by any pardon grant by the king h dyer Stamf hob   case de monopoly
case LXXXIII James Cr sir baptist hickes case covenant notice a and b covenant  with c upon the sale of a park for a great sum of money pay by c to a that the  say park shall be survey by one to be choose by a and another to be choose by  c within a certain time and if the say park by the say survey do not contain  acre so much shall be defaulked for each acre and repay to c c appoint a  surveyor accord a do not and upon the survey acre be want of the and the  covenant be to repay to c so much for every acre so want c shall maintain a  action of covenant against b in this case to give back the say sum to be  defaulked although b have not notice of the make the survey for he be a party  to the covenant judge and affirm in error
case LXXXIV e upon general bastardy plead in a real action and a writ award to  the bishop to try whether bastard or mulier the bishop certify that he be a  bastard and certify the cause videlicet because the mother of the issue elope  with a adulterer and the issue be get by he during this elopement and  therefore be a bastard it resolve on this certificate that the issue be a  bastard for this be the effect of the certificate and the addition of the  cause be superfluous by all the justice of both bench a reversal before the  king council of a judgement be of no effect for they have nothing to do with  civil cause by the opinion in this case where the cognizance of a cause belong  to the spiritual court and they give sentence in it and express the cause of  their sentence although this cause of the sentence be null and void in our law  yet our law approve the sentence
case LXXXIV Elizabeth   bury case e bastardy divorce husband and wife be  divorce causan frigiditatis in the husband the husband marry another wife and  have issue by her the husband die this issue be legitimate the say divorce  dissolve vinculum marriage the second marriage may be dissolve in the life of  the party but not after the death of any of they and if it have be Jenkins so  dissolve in the life of the party the say issue of the second marriage have be  a bastard so adjudge and affirm in error no one hear of nec summon condemnar  debet
case LXXXIV Elizabeth dyer Plowd patent Nosme county palatine de Lancaster aid  age duress the duchy of Lancaster for its possession be sever from the crown  the king within age make a lease of land parcel of the say duchy resolve by  all the judge that this be a good lease and not avoidable by the king nonage a  tenant of a manor parcel of the say duchy be sue in trespass for enter into  certain land where he claim common appendant to the say manor have aid of the  king before issue join the king politic body and natural body make one entire  indivisible body a gift to the king of any hereditament be a feesimple as a  gift to a mayor and commonalty without mention successor by all the judge of  England nomen leader to dip in nomin king Jenkins a patent gain of the king or  of any corporate body by duress be avoidable e Keyleway in the case of iters  duress use to the king be high treason and tend to the destruction of the  whole kingdom and this be the difference between patent obtain during the  nonage of the king and patent obtain from he by duress Jenkins er p
case LXXXIV h h verdict fine per contempt necessity by all the judge in the  exchequerchamber in a great tempest the juror after the evidence be give  depart from the bar without leave of the court and eat and drink and some  person before their return speak to they that they ought to find for the  defendant for that the right be on his side the jury come back and give a  verdict for the plaintiff this be a good verdict if the juror after their  charge and departure from the bar eat and drink at their own cost and give a  verdict it be a good verdict if they eat or drink at the cost of the plaintiff  and give a verdict for he it be a have verdict so e turning but by whatever  mean they eat or drink if it be without leave of the court they be fineable  that verdict be good which be give against he at who cost they eat and drink
case LXXXIV James Cr dame Platts case b r bill bail in the king bench the bill  be file February the plaintiff have judgement affirm in error for the bail  shall relate to the first day of term
case LXXXIX   a case de soldier common soldier prerogative Disobediance ander  cro car hut by the statute of h cap h cap soldier who be enrol depart without  leave of their captain or after money receive will not serve although before  enrolment under any captain be felon without clergy unless they be in holy  order the say two statute be perpetual the e cap extend only to the departure  of soldier after they have receive wage a gift to the king without the word to  the king and his successor be a feesimple and the word king in the say statute  include successor by all the judge of England the word captain extend to the  conductor of soldier to their captain it seem that these statute be only a  declaration of the commonlaw the king subject be bind upon their allegiance to  serve the king against rebel and traitor within the kingdom without wage j and  out of the kingdom against enemy for wage a subject who refuse pressmoney to  serve the king against rebel within the kingdom where his service be necessary  be a traitor for word tend to the king destruction font be treason a strong  fact be so to refuse to serve the king against rebel and to refuse to serve he  out of the kingdom for wage be offence contra debt is owed ligeanciae of  oneself such service be necessary and most convenient to prevent invasion no  one sin majus be disobedience who non repulse in an unjust manner when to be  able stuff
case LXXXIX ass pl Fitzherbert process a infant bring a assize of his father  inheritance the tenant plead the father release with warranty on this plea  issue be join there be witness name in the release a assize shall be award  without award process against the witness it be otherwise in the case of a  plaintiff of full age process shall be make in such case against the witness  by the statute de Eborum cap and this in favour of the infant be omit in the  principal case by all the justice of England in judgment those inferior in  rank lifetime to run under Jenkins a infant upon his default at the grand cape  shall by writ of error reverse the judgement give against he upon such dyer  this be not to be understand for law in case of a judgement in dower Cr Inst b  Cr e e Cr default and the like of outlawry against he Fitzherbert utlary e the  age of year or upward if he be under year make no difference a outlawry  against a infant of any age be not avoidable otherwise than by writ of error  to run under those inferior in rank easy to do be lapsus youth h h Fitzherbert  process by commonlaw before the statute of York e ch process be make against  the witness by the same writ which be award against the jury when the deed be  deny though it be not do in the case of a infant but this course be now go  into disuse for witness be not nowadays name in deed as they be of old time  the course now be to bring in the witness upon the trial by a subpoena ad to  make a witness
case LXXXIX Cr Cr side vent keb James Cr Jacob versus mill hob action  judgement damage joinder in action a action upon the case be bring for two  slander speak at several time against the defendant the defendant plead not  guilty the jury give separate damage and entire cost one of the slander be not  actionable for it be that the defendant have say of the plaintiff that he have  poison I S modus death which refer to the time of the declaration only  therefore ill the other word be actionable in the exchequerchamber judgement  be reverse as to the poison quoad the damage and the judgement be affirm for  the other damage and entire cost
case LXXXIX e office grant annuity the office of chamberlain of the exchequer  be grant to a and his assign a may assign this office but not make a deputy  without special word to enable he to make a deputy by the judge in the  exchequerchamber a annuity pro council impendend grant to a and his assign may  be grant over a judicial office can be grant in reversion nor can the king  grant it to any one with power to make a deputy diversity of court foe where a  judicial officeis grant to a and his assign he can assign it
case LXXXIX Elizabeth dyer debt Le roy prerogative tail blow a   b   a b     b  a   a blow dyer b roll Abr f n b the treasurer of the king household be seize  in fee of land take wife and afterward make a jointure of it to her and  afterward become indebt to the king and die the wife jointure be not liable to  this debt at commonlaw but by the statute of Elizabeth cap in the case of all  the king officer for receipt as this treasurer be all their land be liable to  the king debt from the day on which they become such officer at commonlaw  account lie against any tenant who have the land of the king debtor if he have  not buy it good fide at this day by the stat h cap for debt due immediate to  the king or to his use by judgement recognizance obligation or other specialty  for these four sort all the land of the debtor may be extend which he have at  the time when he become debtor as upon a statutestaple the issue in tail the  land be in his hand be also liable but not the good fide alienee of the issue  for the word of the statute do not extend to this alienees the commonlaw do  not help the king in these case the statute help the king in the say case  against the issue in tail as long as the land be in the hand of the issue in  tail the say statute do not extend to debt which accrue to the king by any  attainder or by any other way except those abovementioned but for such debt  the king be leave at commonlaw if the king debtor officer or accountant have  lease for year or good these lease and good be not liable if the say debtor  sell they good fide but if he sell they by covin it be otherwise if land be  purchase with the king money it be liable to satisfy the king a debt due to  the king go to his successor
case LXXXIX h f n b dyer procedendo discontinuance aid Le roy in a assize the  tenant plead that the land in plaint be seize into the king hand and it be so  find upon the examination of the escheator upon which the assize be delay the  plaintiff upon his suit in chancery have a procedendo in speech in the say  assize the assize afterward be without die by the non venue of the justice  there be new justice appoint to take this assize there be no occasion for a  new procedendo in speech for these justice but they can proceed to judgement  without a writ of procedendo ad judgment by the justice of both bench the  difference between aidprayer and ring not consulted be aid be only for the  party to the plea where the king have the reversion of the land demand or  where the king be bind to warranty or may suffer loss if the matter passes  against the defendant or tenant a ring not consulted may be award upon the  suggestion of a stranger to the plea as friend curiae upon cause show that the  king may have prejudice by the statute e ch a assize be not discontinue by the  non venue of the justice but be revivable by resummons
case LXXXIX h Keyleway averment executor a executor sell good for a small  value a creditor bring debt against he he plead plene to manage the creditor  may give the increase of the value in evidence if that be any advantage to he  so of a delivery of all the good to one creditor for his debt in this case the  other creditor may aver that the good be worth more but such averment do not  lie upon a become facias upon a sale make by the sheriff for be be a swear  officer and public minister the executor be not so
case LXXXIX keb pl James hob crow case visne consensus error a bring debt  against b upon a obligation bear date at Coventry this suit Jenkins er p be in  the king bench remove thither out of Coventry a procedendo be award to  Coventry by agreement between the party the procedendo be not deliver but the  plaintiff prosecute his suit in the king bench and lie the say action in  London upon issue on non be factum plead the plaintiff have a verdict and  judgement reverse in error notwithstanding the say consent of plaintiff and  defendant and although this action be transitory Elizabeth dyer Croutchs case  consent can take away the natural and essential visne h e
case LXXXV   a case de general pardon pardon release surrender   a hard hob a  general pardon pardon all felony except burglary a before this pardon be  attaint of burglary this burglary be except and not pardon for although he can  now be indict or attaint of it because in this case the law have have its end  yet it be now more evident that he be a burglarer by all the judge of England  where judgement be give for debt upon a bind or in trespass while these  judgement be in force there can be a suit maintain upon the bind or for the  trespass for transiveru in remember judge in the principal case burglary be a  great crime Siquid male facer cum pleasure pleasure abit malum to stay si quid  bene to make cum pain dolour abit good to stay a statute be acknowledge and  extend a release of the statute will serve for no other satisfaction can be  acknowledge a judgement be execute by elegit before execution a satisfaction  of the judgement acknowledge upon record will have be sufficient against the  execution now after the execution although it be become a chattel real and not  a choose in action a release of the judgement be a bar of the execution a  release of all demand bar execution a extent by elegit be assignable it may be  surrender but not release a release suppose he who release to be out of  possession a surrender he who surrender in possession flower and Edgar case  tenant by elegit after assignment of his interest may destroy this assignment  by acknowledge satisfaction justice croak report this I do not believe it car  I cro e Sci fac e Tr sect e responder ass pl a lessor have a covenant from his  lessee for year the lessor grant his reversion of the land to a the lessor can  release this covenant afterward
case LXXXV ass pl Fitzherbert guard e Fitzherbert livery Stamf praer ch fol  this case be in chancery tenant in tail general the reversion to the king this  tenant in tail take wife this tenant hold of the king in capite he have the  king licence to alien this land to two chaplain in fee and to take back from  they a new estate to he and his say wife in tail which be do accord the tenant  die his heir general in tail enter he be remit the wife take another husband  who enter and ousts the heir and take the profit of the land he die a to know  facias issue for the king to seize the land for the alienation Jenkins without  licence for it appear by the patent that he be tenant in tail and the king be  deceive and so the patent be void and of consequence the alienation be without  licence and the estate in tail of the wife be avoid by the say remitter  resolve that the second husband shall not answer for the three part of the  profit of the land because the wife be dowable of the Jenkins er p three part  although no alienation have be and this be allow although the wife neither sue  for her dower nor require this to be allow to her note that the heir in tail  be remit for there be no discontinuance in the case because of the reversion  to the king by all the justice in the chancery judge justice always to look on  debet regular where a husband die seize the wife shall recover her dower with  damage quaere if the tenant plead tout temps priest c and viii Inst b for the  whole time after her husband death but if he do not die seize after her demand  and the tenant refusal to assign dower to her she shall recover damage from  the time of the refusal
case LXXXV e h h leet turn de viscount a presentment in the leet or sheriff  turn of murder or the death of a man be void so of a rape they may inquire of  all felony at commonlaw except the death of a man they may inquire of public  nuisance of bloodshed and of treason but not of private trespass nor of any  offence make felony by statute if the statute do not give they power to  inquire by all the judge of England who jurisdiction swine with bars to have  Fitzherbert abridge this case turn deal viscount report it to be adjudge by  all the judge of England the book at large be not so
case LXXXV Elizabeth dyer prerogative patent commission piracy more hob dyer b  b   see Elizabeth cap parliament can hob Plo more do b the statute of h cap  for the trial of piracy direct a commission to be make by the chancellor to  certain person for this purpose although there be no chancellor the keeper of  the great seal may do it if there be neither chancellor nor keeper of the  great seal the king may make such a commission this statute concern government  it be make only for the ease of the king and not to take from he the power of  government which God nature birthright and the commonlaw have give he the  keeper of the great seal be chancellor in effect he have the same power by all  the judge of England so of the patent for alnage notwithstanding the statute  of h cap which ordain it to be grant by the treasurer so of the king patent  for plurality of benefice without the archbishop dispensation notwithstanding  the statute of h cap so for the appointment of sheriff notwithstanding the  statute make at Lincoln the e you may find it among the old statute these  thing concern the government of the public and before these statute the king  may of himself do all the matter aforesaid and so he may at this day Hobart in  the case of commendam
case LXXXV h a devise that his executor shall sell his land neither the  ordinary nor administrator can sell it by the judge in the exchequerchamber
case LXXXV h by the judge in the exchequerchamber office chancery breve  exchequer   a office be find for the king by a writ of who plural which issue  out of the exchequer the office and the writ be adjudge both void for the king  can have any title by it for this writ be a original and all original writ  ought always to issue out of chancery Jenkins er p
case LXXXV h f n b quare hinder Br a quare hinder be bring against a patron  and incumbent at the grand distress the patron make default the incumbent  plead that the plaintiff be make a knight after the last continuance and it be  so find the writ shall abate the plaintiff can have a writ to the bishop for  the award this writ will be a judgement and there can be no judgement where  there be no original and in this case there be no original for it be abate by  the justice of both bench a quare hinder be bring against two one make default  at the grand distress the other plead in bar there shall be a writ award to  the bishop for the plaintiff without his make any title by the statute of  Malbridge ch and if the bar plead by the other defendant be find for he he  shall also have a writ to the bishop these two person be admit institute and  induct upon these two writ shall try their right in a assize or trespass if  two defendant in a quare hinder plead several bar and one of they be find  against the plaintiff the other with the plaintiff he shall not have a writ to  the bishop although the plea of one be try first and find for the plaintiff  there shall be no writ to the bishop award till after the other issue be try  where the son and heir apparent of a earl bring a writ and his father die pen  the writ the writ do not abate for this happen by the act of God h but in the  other case of quare hinder where the plaintiff be make a knight pen the writ  the this law be alter by I e ch writ shall abate for by the statute de soldier  he have his choice either to take this degree or to be fine this statute be to  be find among the old statute of the e and be repeal by a statute make car
case LXXXVI ass pl alienation sans licence this title be abolish by car c the  king tenant in capite grant a rentcharge out of this land without the king  licence this rentcharge be good and the king shall seize neither the land nor  the rend for this grant without licence for it be no disadvantage to the king  the grantee can it distrain upon the king possession when the land come into  his hand by the counsel the tenancy hold of the king be not alien in this case  and only such alienation of the tenancy without licence be restrain by the law  if the king grant this land over the grantee of the rend may distrain by the  commonlaw and at this day although the king be entitle to the land by double  matter of record by the statute e ch the grantee may distrain upon the  patentee in this case of a rentcharge ratio law be anima law
case LXXXVI Elizabeth dyer grant patent discharge office a patent of the  receivership of the court of augmentation be grant to a with a fee for the  exercise of it during his life this court be dissolve by act of parliament I  mark cap the patent be now void where the office of stewardship of a manor or  a parkership or the like be grant and a fee for exercise it the fee remain  although the lord shall discharge the say office and alien the manor but if  the fee rise from the profit of the office only in this case the lord can  determine the office for this tend to destroy his own grant of a profitable  thing to another but ex to turn aside he may dispark the park or alien the  demesne of the manor and so destroy the stewardship cro part the king by  patent grant the custody of a park to a for life and also grant a fee for the  exercise of it to be receive by the hand of a bailiff of one of the king manor  in this case if the king disparks the park the fee remain it be otherwise in  the principal case for the patentee concur in the act of parliament to destroy  that court and the office be incorporate with the court it be not so in the  case put in croak the king alone do it by his patent and the patent contain  two distinct substantive fr independent grant one be the grant of the say  custody the other be the grant of the fee
case LXXXVI hill James brock versus Spencer hob visne trial intendment  trespass of tree cut in Hursley the defendant plead that the place where the  trespass be suppose to be commit be call Newlands in parochian de Hursley and  that it be a copyhold parcel of the manor of dale in Hursley and that a  copyholder by the custom there may cut tree issue be join upon the custom and  the visne be of Hursley and well for the parish shall be intend a will judge  and affirm in error if trespass be allege in a manor the visne shall be of the  manor if of a manor in dale the visne shall be of dale for this be more  certain and restrain and it be well of a manor croak where the fact be allege  in parochian de dale in this case the visne ought to be of the parish of dale
case LXXXVI I   sir John Heydens case trespass error damage continuance  verdict amerciament a bring trespass against three one appear and plead not  guilty afterward another appear and plead not guilty afterward the three  appear and confess the action two venire facias be award to try these two  issue on the first issue damage be find for the plaintiff the other jury find  damage the plaintiff shall have his election which damage he will have for it  be not certain which of the issue be first try for they be try at the same  assize and the damage tax by the first jury ought to stand for all where a  trial be have against two upon several plead at several time if trespass be  bring against two the Jenkins er p damage ought not to be sever if Brownl   a  Cr car roll Rep   a they be not find guilty at several time but if so several  damage and entire cost shall be give where trespass be bring against two and  the jury find several trespass and not a jointtrespass the writ shall not  abate it be otherwise Cr Elizabeth hob Leon Leon hob h if the plaintiff after  such jointaction bring confess it to be several trespass against two and the  trespass be find at several day and several damage be give the plaintiff shall  have two judgement for the damage and one for the cost and the plaintiff shall  not be amerce for the day be not material in trespass so that the action be  bring after the trespass be commit after a writ to inquire of damage be award  upon confession or demurrer there be no continuance use in the common plea  although it be otherwise in the king bench there they use continuances and yet  the king bench will not reverse such judgement of the common plea for the  course of every court at Westminster be law adjudge and affirm in error
case LXXXVI James Cr sir John meat case trial visne a grant of a copyhold in  the county of Glamorgan in Wales parcel of a manor there whether such grant be  make or not be the issue to be try the grant be allege to be make in Bristol  the visne shall be from Bristol upon this issue of to go away or non so upon  to send down otherwise of a feoff or lease for life where livery be to be make  there it shall be try where the land lie so upon non to go away by the king  patent judge and affirm in error
case LXXXVII ass pl a be indict of a felony and he be former indict of the  same felony and acquit this acquittal be a good bar to the second indictment  by the counsel the life of a man shall not be put twice in danger for one  offence this acquittal be to be understand upon a former indictment which be  sufficient in substance otherwise it be no plea by this statute for murder  auter foits acquit or auter foits attaint without the allowance of clergy upon  the indictment be not a good plea against the appeal of Jenkins any one for  murder as it be before by the commonlaw but upon a indictment at the suit of  the king auter foits acquit or attaint in appeal be a good plea to the  indictment the say statute alter the law as to murder only but not as to any  other felony they remain at commonlaw as before Favorabilia in lege stint vita  fiscus do freedom the day of a felony or burglary be mistake in a indictment  the felon arraign upon it be acquit by the jury because he do this fact at  another day although the day be not material in the indictment yet this  acquittal be a good bar to another indictment if a judgement of acquittal in a  appeal be reverse for error this acquittal so reverse shall bar neither the  king indictment nor a appeal and a acquittal upon it when bring by one who  have no right to bring it as if it be bring by one who be not the widow or  right heir of the man who be slay although there be a acquittal upon it if  there be judgement in a appeal bring by the right appellant and the judgement  be reverse for a fault in the process in this case if the defendant have  appear upon a have process and be acquit and this judgement be reverse yet  this say acquittal be a good bar in a new appeal for he be acquit once against  the right appellant avid the plaintiff may at his choice have a have process  and in such case the defendant will never be final deliver if such reversal  shall take away the plea of auter foits acquit Jenkins er p
case LXXXVII e error amendment a writ be bring against two a continuance be  enter between the plaintiff and one of they this mistake of the clerk be  amendable a plaintiff have judgement upon this judgement the plaintiff have a  to know facias to execute it in the name of the plaintiff and a this also be  amendable for the clerk have the record before he by the justice of both bench  the mistake of a clerk may be amend in the common plea either before or after  judgement and in the king bench after the record be remove thither by writ of  error if there be no continuance enter after verdict it be not error fault  clergyman non mocet
case LXXXVII Elizabeth dyer waste inquisition viscount e Fitzherbert return de  viscount Cr Elizabeth hut sand   b in waste the plaintiff have judgement by  nothing to say this confess the waste and a writ shall issue only to inquire  of damage and in this case the sheriff have no occasion to go to the place  waste he may hold this inquest at another place as well as on the land it be  necessary to take the inquisition upon the land only Jenkins where the  plaintiff in waste recover upon default at the grand distress upon the statute  of west cap by all the judge of England who tacet to agree to see at commonlaw  upon a prohibition direct to the sheriff to restrain any one from do waste he  have no occasion to go to the place that be only require in the writ of waste  give by the say statute of west cap as aforesaid there be no writ of waste at  commonlaw but only a prohibition against those who be tenant by act of law as  tenant in dower or by the courtesy or guardian as for other tenant the law  leave they to the provision of the lessors Jenkins er p
case LXXXVII h h h articuli super chart cap if a juror wife be of kin by blood  to the plaintiff or defendant it be a principal challenge for this wife or her  issue may happen to be heir to the party in the cause judge by all the judge  of England but to make this a good challenge this wife ought to be alive or to  have leave issue for if she be dead without issue the alliance or  consanguinity between they be end and the presumption of favour vanish juror  shall have three quality to be neighborhood to the place where the matter in  issue arise to be of sufficient estate accord to law to be impartial
case LXXXVII h Keyleway Stamf Gloucester cap homicide see to ward off coroner  a be indict of the death of a man see to ward off this be all one as if he  have be indict of manslaughter and see to ward off may be take out of the  indictment and prisoner be arraign upon the indictment of manslaughter the  second jury find the truth that the kill be see to ward off upon this verdict  he may purchase his pardon and shall be bail in the mean time and where see to  ward off be in the indictment or where it be otherwise if it be find so upon  the arraignment upon a certificate of this indictment and arraignment find as  aforesaid the chancellor in this case shall grant a pardon to the party for  his life without apply to the king by all the judge of England manslaughter  see to ward off forfeit good and chattel to the king
case LXXXVII James Cr Wheadon versus sugg die Cr Cr hob amendment do and  remainder a lease be make to a husband habendum to he and his wife uni post  alter as to scratch in indenture nomina in row in replevin the bar be a  conusance and not a avowry and a demurrer upon it judgement be for the  defendant upon a writ of error it be allege for error that the conusance be  not sufficient for it ought to be a avowry and not a conusance by the wife and  also it be assign for error that upon the say demurrer a writ of enquiry of  damage issue as upon a nonsuit judge and affirm in error that this wife have a  good remainder for life and that au avowry for a conusance or one for the  other be not matter of substance and that the say writ of enquiry of damage  may be amend for it be the fault of the clerk for judgement be enter upon a  demurrer and not upon a nonsuit
case LXXXVII James roll r roll hob sir John Laurence case I Cr trespass  judgement release nolle attendance discontinuance nonsuit amendment Jeofails  in trespass against three one plead to issue the plaintiff have a verdict  against he and judgement the other two demurrer a nolle attendance be enter as  to they yet the plaintiff shall have his execution against he who he have the  judgement against if the nolle attendance have be enter before judgement  against any of they it have not amount to a release to they all but only to a  waiver of suit where a joint judgement be give against two or three in  trespass or debt a release of execution against one take away the whole  execution for the execution ought to be joint as the judgement be judge and  affirm in error in the principal case if several judgement have be give they  can not join in a writ of error and there ought to be several execution in the  principal case the three defendant can join in a writ of error for the two  against who the nolle attendance be enter be not damnified in debt against two  by several count and one praecipe a nonsuit as to one be a nonsuit as to both  for the writ be one and the pledge de to follow be the same but a  discontinuance against one be not a discontinuance against the other for there  be several declaration against they and the continuances be always after and  pursuant to the count if trespass debt or other action be bring against two  and in the continuances one of they be omit this be fault clergyman and be  amendable if the declaration omit one of the person or one of the thing in the  plaint it be a discontinuance and error not to be remedy where judgement be  upon default or demurrer otherwise if by verdict for then this be aid by the  statute of Jeofails
case LXXXVIII   a ass pl a have right to recover in a formedon against b  tenant of the land a by covin with c cause c to seize b to the intent that c  shall make default in a formedon against he and that a shall recover by  default a recover the land against c accord by this covin by default or  confession a enter he be not remit b enter and a ousts he resolve by all the  sage in parliament that this covin make a a seize of his own land farmer be  case   coke have many case to this effect fraud dolus no one patrocine
case LXXXVIII Elizabeth   light a a dyer entry congeable equity parliament I  Inst a a more   the statute of h cap ordain that the entry of the disseizee  and his heir shall be congeable where the seize be commit against he with  force if they claim or enter within five year after the seize the preamble  have the word of seize with force and the purview help such disseizins yet  this statute be expound by equity to extend also to disseizins without force  for the mischief be equal and the statute provide against the mischief which  be at commonlaw such be this seize last mention the seize die seize within two  day after the seize without entry or claim make now neither the disseizee nor  his heir can enter upon the heir of the seize judge justice always to look on  debet in omnibus note what power the law give the judge to expound statute  accord to the intention of the maker the law trust they be grave wise ancient  man learned in the law and swear with the exposition of statute although they  vary from the letter
case LXXXVIII h dyer Plo Keyleway h executor debt damage evidence a executor  with his own good redeem the good of the testator which be pawn or be expend  his own money in suit as executor or pay the debt of the testator the good of  the testator shall for so much be change into the proper good of the executor  and these matter be good evidence to support a plea of plene to manage for  there be no other way in law to satisfy the executor but by the retain in his  hand so much of the testator good and construction of law to change they into  the property of the executor as aforesaid a sheriff upon his account be charge  with a debt to the king which he have not levy of the king debtor the debt of  the king debtor be by this mean become the proper Jenkins debt of the sheriff  and the sheriff shall answer the say debt to the king a seize in a assize  where damage be recover against he shall recover as much as he have pay in  rend Chargeable upon the land before the seize executor appoint to sell land  can retain the land and pay as much as it be Jenkins er p worth and as much as  the testator appoint upon the sale for this be against the letter of the will  and intention of the testator a in trespass against b for take a horse recover  damage by this recovery and execution do thereon the property of the horse be  vest in b loosing price purchase loco to have quod remedy to set down self re  valet si offense absit a fine be levy of a manor where the reversion be to a  in fee to the use of b in fee b in this case shall avow for rend or service  without the attornment of the tenant for the statute h cap of use join the  possession to the use aid b be not a party to the fine and therefore can have  a quid law proclaim or a per who the condition of a slave see my repertory  title debt
case LXXXVIII James I keb Yel Cr lyster versus Gardianum de hospital de  Ravensworth amendment diminution a formedon of a house in the county of York  the praecipe be gardianis c Jenkins er p and the writ of view be predict  gardiano this be amendable upon a writ of error upon judgement give in this  case the record be well certify and upon the petit cape the demandant release  the default to the tenant who plead to issue and upon the trial the tenant  make default at the nisi prius and this default be record there and judgement  give in the common plea and in the entry of the judgement instead of come Ebor  community be interline this be amendable after in nullo erratum be plead and  diminution be allege in this principal case the second certificate of the  record be that upon default of the tenant at the summons Jenkins the demandant  have judgement to recover seize this certificate be judge void for it be  contrary to the first and tend to avoid the judgement which the law will not  suffer judge and affirm in error
case LYLLYS case see de Francisco v barnum Ch d apprentice SC Com Rep Mod  covenant lie not against a apprentice be a infant see Whitley v Loftus Mod  Gilbert v Fletcher cro car horn v chandler Mod branch v ewington dougl trueman  v burst term Rep a modern er p
case LYNNER against wood in trover for corn a plea that the defendant be  entitle to it as tithe sever amount to the general issue roll Rep keb Brownl  cro Elizabeth cro James   b a latch strange Com dig Bac Abr trover for diverse  load of corn the defendant plead and entitle himself to they as tithe sever  and because the plea amount but to not guilty the plaintiff demurrer and show  for cause that the plea be therefore not good henden sergeant will have  maintain this plea because it concern matter in the realty videlicet tithe and  title be plead as it be a confession of the possession in the plaintiff and as  a general bar in action of trespass and colour give say non allocatur for this  action comprehend title in it and a plea which amount but to a general issue  be not Allowable it be special show for cause of demurrer whereupon without  argument it be adjudge for the plaintiff
case lyss against watts No tithe due for a quarry of stone and if one court  grant a consultation it be d ground to refuse a prohibition in another post  Inst roll   dig dougl prohibition upon a lihel for tithe of slate stone the  defendant pray a consultation for that heretofore the plaintiff sue a  prohibition for the same cause in chancery and upon the same lihel and there a  consultation be grante for otherwise he shall he infinite vex that when one  court grant a consultation he shall sue a prohibition in another court and of  this opinion be all the court that he shall have a consultation if before a  consultation be grant in another court upon the same cause and it be here hold  by the justice that no tithe be due of a quarry of slate or stoneJor the  parson may have tithe of the grass orcorn which grow upon n the surface of the  land in which the quarry be
case MABANK versus Metcalf July on a bill bring against a executor for a  account of asset the evidence of a coexecutor which tend to increase the  testator estate be not allow as it be swear for his own benefit a bill be  bring by a creditor against a executor for a account of asset atkins the  plaintiff offer to read the evidence of a coexecutor which will have tend to  increase the testator estate and consequent be swear for his own benefit Lord  chancellor there be a establish difference in this court between a executor  and a trustee vide goss v Tracy p W cross v pike p W man v ware ante vol  Fotherby v pate post Goodtitle v Welford dougl low v Jolliffe black Rep for  the trustee have the legal right only and be mere nominal but a executor have  something more in he than the mere legal right as a bare trustee for he have a  beneficial interest if there be any surplus but I be not satisfy you can read  his evidence for another reason because this executor have a legacy of  twentyfive pound and the release it do not alter the case for it be so much  asset in the hand of the other executor that he be still liable to creditor of  the testator if there be not asset ultra the legacy and therefore his lordship  refuse to admit the evidence
case Macarty alias Lord MUSKERY all plaintiff gibson defendant at the  chancellor house Lord chancellor the oath of a legatee who have give a receipt  under hand and seal for her whole legacy be not allow to be read as evidence  that she have only receive part cur canc a receiver need not be serve with a  writ of execution of a decretal order but only with a copy and if he disobey  shall be commit the plaintiff bring their bill as residuary legatee of lady  jane Macarty against the defendant her executor for a account of asset and  payment of the residue a account be decree and the master make his report to  which the plaintiff except because the master have allow the defendant pound  for payment of a legacy though he have compound with the legatee for pound and  that therefore he be a executor only in trust for they they ought to have the  benefit of the agreement and he be to be allow no more than he real pay and to  prove this composition they offer to read the deposition of the legatee which  be object to because she swear for her own advantage and will make the  executor liable to pay her the residue but Mr mead say this can be no  objection to read her deposition for the plaintiff if they think proper for  that will be their loss as it will lessen the residue but the Lord chancellor  will not allow her evidence because she have give a receipt under hand and  seal for the whole legacy attest by two witness and his lordship declare he  will never suffer any one oath to be read contrary to their own deed so  solemnly execute so the exception be overrule for want of proof a receiver  appoint by the court be a officer of the court and need not be serve with a  writ of execution of a decretal order but only with a copy of the order and if  he disobey it he shall be commit
case Macbeth against cobb Michaelmas term car roll a letter of licence give to  a debtor covenant not to molest he for three month be a release upon condition  action of debt the defendant plead one of the common letter of licence under  the band and seal of the plaintiff whereby he give the defendant liberty for  three month and covenant that if he shall sue or molest he in that time the  defendant shall be acquit of the debt and that he do sue he c the plaintiff  demurrer the question be whether this amount to a release and hold by the  court that it be under seal and the plaintiff own agreement it be not bare a  covenant but a release upon condition and accord judgement be give for the  defendant a
case machell against sir William temple a will publish in the presence of  three witness but subscribe by they in a adjoin room and out of the sight of  the testator be void by car c ejectment on a trial at the bar there be give in  evidence a deed of settlement with power to revoke by any deed seal and  deliver in c or by his last will and testament the party make his will and  publish it in the presence of three witness a and he be sick and so great a  company in the room that the noise thereof disturb he he desire they to go  into the next room to set their shower KB name which they do accord hereupon  arise two question one of which be whether this be a good will within the  statute car c late make against fraud and perjury that statute require that  the witness shall sign it in the presence of the testator b the court and  council agree on a special verdict but the jury be obstinate after twice or  thrice send out will find for the plaintiff who be heir at law although there  be a doubt in the law say they be all of opinion it be no good will c and  thereupon the poll be demand that they may all of they several give their  verdict which they all accord do for the plaintiff note the first jury that  ever refuse a special verdict on a point in law they all incur the danger of a  attaint but see Vaugh
case machine case the plaintiff consent must appear in the entry of nominal  damage in judgement by default post latch error of a judgement in debt the  error assign be because the judgement be therefore to look at closely be quod  recupere forty shilling pro misis et custagiis omit these word ex assent his  per curian ei adjudicat  And it be hold to be a material part of the judgement  for be by concession or default a writ of inquiry of damage shall be award  unless the party consent to take so much for damage and for this cause it be  reverse
case MACKALLER against TODDERICK a promise to procure a person to be institute  to a chapel in consideration of twenty pound be simoniacal and void post Lutw  roll ab Bac ab Cowp error of a judgement in the court of the tower of London  in assumpsit where the plaintiff declare that the defendant promise he in  consideration that he will procure the say Mackaller to be present and  institute to the chapel of the tower be a donative in the king gift c to pay  to he twenty pound upon request the plaintiff allege in fact that by his  labour and mean the king present the croak car er p say Mackaller to the say  chapel and he be admit institute and induct into it and that he require the  payment of the say twenty pound at such a day c and the defendant have not pay  it the defendant plead non assumpsit and verdict and judgement for the  plaintiff and now error bring the error assign that judgement be give for the  plaintiff where it ought to be for the defendant Fletcher for the plaintiff in  the writ of error move that this judgement be erroneous because he declare  upon a promise ground on a consideration against law and that be the only  consideration the assumpsit be void and for that rely upon Onelys case  Elizabeth dyer et   et adjournatur a
case MACKALLER against TODDERICK ante page to procure another to be present to  a donative in the king gift be a illegal consideration ante post Jones roll ab  Henry pl   Henry pl dyer Cowp and see the statute Ann saint c repugnancy in  plead and now the court be of opinion that the consideration be illegal and  that the action lie not for the consideration to have money to procure he to  be rector of the church be a simoniacal contract and a unlawful act condemned  by all law and where it be allege that simony be such a spiritual thing and  such a offence whereof the commonlaw take not any notice at leastwise do not  before the statute Elizabeth c that be deny second it be hold that this  declaration be not good for that the promise be to pay he after he be rector  and he show that he be rector by his procurement upon this promise which can  be for he never be rector but a person utter disable to be a parson by this  simoniacal contract as in Elizabeth for not read of article and in Vernon case  a for the buy of office whereupon it be hold to be error and the judgement be  reverse a   light hawk p c Bac ab croak car er p
case MACKDOWELL ux versus halfpenny Eq can ab pl S c a devise his estate to b  his son charge with pound to his granddaughter the daughter of b Payable at or  marriage b marry his daughter and give her pound portion but no notice be take  of the pound legacy nor any release give twentyone year afterward the daughter  and her second husband bring a bill against the father for the pound bill  dismiss the pound shall be pressured a satisfaction of the pound especial  after such a length of time Thomas Halfpenny the grandfather devise his real  and personal estate to his old son the defendant charge with several legacy to  his grandchild and inter alian with pound to the plaintiff Payable at Vernon  chancery case twentyone or marriage in the grandfather die in within a year  after the death of the grandfather the defendant marry his daughter to Mr  palmer her first husband and give her pound as her marriageportion but no  mention be make of the pound legacy or any release or discharge take for it  and now after twentyone year the second husband with his wife bring their bill  against the defendant her father for the pound legacy and for the plaintiff be  cite the case of Chudleigh and lee pre Ch S c where a great portion give yet  afterward decree to pay a legacy not take notice of in the mark age agreement  but the bill be dismiss it be to be presume that the pound portion be intend  in satisfaction of the pound legacy especial after this length of time vide  Atkinson v web ante vern p
case Maddison against shore in a action on the Elizabeth c the delivery of the  ticket be a sufficient service of the subpoena within the Act S c comb S c  salk this be a action of debt bring upon the Elizabeth c for not appear and  give evidence at the assize be serve with a subpoena for that purpose upon nil  debet plead there be a verdict for the plaintiff it be move in arrest of  judgement first that it do not appear by the declaration that the subpoena be  leave with the defendant for the delivery of the ticket and read the writ be  no good service but this exception be overrule for the plaintiff show that he  deliver the very writ of subpoena to the defendant himself but the delivery of  a ticket contain the substance of the writ be a sufficient service within the  Act second it be object that the plaintiff have not set forth any special  damage which he have sustain by the negligence of the defendant in not appear  to give evidence as that he be nonsuit or can not proceed to trial for want of  the defendant evidence for the action be give to the party grieve and if the  plaintiff be not grieve he can bring this action it be insist for the  plaintiff that the action be only bring for the ten pound and not for any more  damage the declaration be well enough but the court of common plea hold the  declaration to be ill for this last objection because there must be a party  grieve otherwise there be no cause of forfeiture and there must be a  particular damage set forth though this be contrary to a judgement in the like  case in the reign of queen ElizabethCro Elizabeth Leon a where the like  exception be take and overrule afterward a writ of error be bring on this  judgement but it be affirm
case Maddox against peterborough the spiritual court may proceed against the  incumbent of a donative for marry person without a licence S C keb S C side  ante post Jones hob ld ray stram Wallop move for a prohibition to the  spiritual court for one Maddox incumbent of a donative within the diocese of  Peterborough who be cite into the spiritual court for marry there without a  licence and cite Farechilds case Yelv but by Kelynge chief justice Moreton and  Rainsford justice the prohibition be deny Twisden doubt but say if they may  punish he in the ecclesiastical court pro reformation morum at least they can  not deprive he vide the case of Powell v Milborne will and Campbell v aldrich  will Annallys Rep and the marriage Act of Geo c S by which it be make felony  to solemnize matrimony without the publication of banns or licence first have  and obtain from those who have authority to grant the same see also Geo c term  Rep
case madox case indictment quash   light a hawk p c ld ray salk Bac Abr a  indictment against he be reverse because the indictment be of a nuisance to a  horseway whereas it ought to be the queen highway or the highway
case main against heak Trinity term Elizabeth roll a lease hahendum from the  ladyday then next last pass shall in respect of time he compute from that day  though it do not commence in interest till the day of its date see ennys v  Donithorne burr to debt upon a lease for year make thJune Eliz hahendum afesto  Annun ultim prmterit for year render the first ten year annual upon the first  day of Octoher and the last of march cequis part and after the ten year S d  upon the same day the first payment to begin the first of Octoher next follow  and for S d due upon the last of Marcli Elizabeth the lessor bring this action  and it be thereupon demurrer savel for the defendant move that he shall have  but at that day for the lessor be to have for every year during the ten year  and the ten year do not expire be account from the make of the lease until the  that of June Elizabeth for from that time only the lease have his essence and  the lessor be to have for ten year which otherwise he have not the court  resolve for the plaintiff for although the lease in interest hegins not until  the that of June Elizabeth vet in the account of the numher of year it hegan  the annunciation before so that the ten year expire at the annunciation  Elizabeth and then the first reservation end and every day after S d be to he  pay and now although the lessor can have ten year together but shall fail in  one of the payment yet that be not material for it be impossible that he shall  have it fen year and ten time as this reservation S wherefore it be adjudge  for the plaintiff croak Elizabeth michaelmas term and Elizabeth in the common  plea sir Edmund Anderson Knt chief justice Thomas Walmsley Esq Francis  Heaumond Esq Thomas Owen Esq justice sir Edward coke Knt attorneygeneral sir t  Fleming Knt solicitor general
case Maitland versus wilson December where a plea be to the relief only and be  direct to stand for a answer the word with liberty to except must be add to  prevent the establish it as a good answer Sellon v lewen p W coke v wilcocks  mos Lord chancellor a bill be bring to impeach the defendant purchase of a  estate that belong to Mr haslewood of Worcestershire for fraud and imposition  and insist it shall be consider only as a mortgage the defendant not have pay  near the value the defendant plead the purchase deed the several sum which be  the consideration and among the rest a sum of pound odd money real pay but  then it be plead in such a manner that it seem rather a recital of the  purchase deed whereas it ought to have be plead distinct and separate from  therecital and shall have be aver by the plea that the say sum mention as the  consideration in the deed be real and good fide pay atkins this be a plea to  the relief and not to the discovery if I be to direct it shall stand for a  answer without the word with liberty to except it will be establish it as a  good answer and therefore to prevent this it be necessary these word shall be  add
case major against grigg in assumpsit on a promise to save the plaintiff  harmless in the possession of a house in consideration of his pay so much  ayear a allegation that such a person sue he and receive judgement be  sufficient after verdict although it be not state that the disturber have  title the plaintiff bring a action for that the defendant non indeninem  conservavi Self de et concernente occupation quorundam clausor c secundum form  agreamenti and set forth a disturbance by one who commence a suit against he  in such a term concernente occupation clausorumpr ed but do not set forth that  the person sue have any title it be say that this ought to have be show as if  a man make a lease for year and covenant for quiet enjoyment in a action bring  by the lessee upon that covenant it must be show that there be a lawful title  in the person who disturb or else the action will not lie but this be after  verdict and the plaintiff set forth in his declaration that the disturber  recover per judgment Curice the court now be all of opinion that judgement  shall be give for the plaintiff a see the case of fort v vine roll Rep  fVootton v heal Mod Skinner v Killys show proctor v Newton lev and foster v  Peirson term Rep a
case major against talbot easter term car roll on a assignment of land by  husband and wife where they be seize to they and the heir of the husband it be  sufficient to declare as assignee of the husband Jones cro James cro Elizabeth  Carth ld ray PeereWill stram Bac ab dougl covenant whereas one selby and  Elizabeth his wife be seize of such a house and land to they and the heir of  the husband and so seize by indenture let that house and land to the defendant  wherein he covenant with they and either of they and with the heir and assign  of the husband for do all reparation the husband and wife convey that  reversion to the plaintiff in fee who bring a covenant for not repair of the  say house declare upon all this matter and conclude quod action ei to grow  progressively as assignee to the husband and aver not the wife to be dead the  defendant demurrer which be argue by roll for the plaintiff and by merefield  for the defendant and by he much insist that the plaintiff have his estate as  well from the wife who have a estate for life as from he who have the fee  ought to have bring covenant as assignee to both and not as assignee to he who  have the inheritance unless the wife death have be allege and for that purpose  be cite Treports case   and dyer but all the court hold that the action be  well bring be bring by the assignee of he who have the inheritance and so no  prejudice to any and the estate for life be transfer with the fee be thereby  drown and confound so as he be assignee of the whole estate and show all the  matter it be good enough wherefore it be adjudge for the plaintiff croak car  er p
case major and stub against bird and Harrison a plea in abatement be good  although it contain matter in bar S C Freem S C Mod Mod Mod side show lev more  sound Mod Mod Mod ld ray ld ray Bae Abr resolve that a plea may be a good plea  in abatement though it contain matter that go in bar they rely upon the case  in the yearbook Henry fol which they say be a case in point and Salkell v  Skelton roll Rep and judgement be give accord trinity term the twentyeighth of  Charles the second in the common plea sir Francis north Knt chief justice sir  Robert Atkins Knt sir Hugh Wyndham Knt sir William Ellis Knt justice sir  William Jones Knt attorney general sir Francis winnington Knt solicitor  general
case MAKARELL against bachelor to the plea of infancy the plaintiff may reply  that the debt be fornecessaries of which the court be to judge ante   light  cro car salk stram Carth I term Rep debt upon diverse contract all for apparel  some for fustian suit some for velvet and satin suit lace with gold lace  amount to whereof he be satisfy the defendant plead infancy the plaintiff  reply that he be one of the gentleman of the chamber to the earl of Essex and  so it be for his necessary apparel and it be thereupon demurrer the court hold  that they be to adjudge what be necessary apparel and such suit of satin and  velvet can be necessary for a infant although the a gentleman c it be then  pray that he may have judgement for those which be necessary apparel but the  court hold in regard he have acknowledge satisfaction for parcel c and they do  not know wherefore it be pay therefore he can not have judgement for any part  otherwise he shall have judgement for those contract which be allow of c  wherefore c
case MAKEPLAINT against diston a attachment lie against a undersheriff for not  return a writ a to know facias to assign error be returnable on the octave of  the purification darnel sergeant move for a attachment against Greenway  undersheriff for not return the writ after a request Whitaker sergeant it be  not returnable until Monday quarto die post per curian not to make out a  warrant and return the writ when require be a contempt but on the sheriff  offer to return and pay cost immediate the court do not grant a attachment the  case of return of bill which be de die in diem on a certain day be different  modern report easter term the eight of George the first in the king bench sir  John Pratt Knt chief justice sir Littleton powys Knt sir Robert Eyre Knt sir  John fortescue aland Knt justice sir Robert Raymond Knt attorneygeneral sir  Philip York Knt solicitor general
case MALDONS case by what word a parole lease may be make post more   light Bl  Rep t Rep b a Cowp t Rep notam if one say to I you shall have a lease of my  land in d for twentyone year pay therefore ten shilling per annum make a lease  in write and I will seal it this be agree to be a good lease by parole  although no write he make of it for the intent of the lessor be sufficient  express and the make of it in write be but for further assurance a ex relation  Lewis a by car c lease of land must he in write and sign by the party or their  agent duly authorize otherwise they will operate only as lease at will except  lease not exceed three year croak Elizabeth er p croak Elizabeth michaelmas  term and Elizabeth in the queen bench sir Christopher Wray Knt chief justice  sir Thomas gawdy Knt John Clench Esq Rohert schute Esq justice sir John Popham  Knt attorneygeneral sir Thomas Egerton Knt solicitor general
case mallack v galton Lord chancellor Talbot the equity of redemption of a  mortgage come to a feme covert against who and her husband a bill be bring to  foreclose the feme covert shall be foreclose absolute and shall have no time  tow show cause after the death of her husband in a foreclosure against a  infant though the infant have six month after he come of age to show cause c  yet he can ravel into the account nor even redeem but only show a error in the  decree if a feme before her marriage or the ancestor of a feme mortgage land  and the equity of redemption thereof come to a feme covert upon a bill bring  by the mortgagee to foreclose the feme be liable to be absolute foreclose  though during the coverture and shall have no day give to her or her heir to  redeem after the coverture shall be determine also in case of a decree of  foreclosure against a infant though such infant shall have six month time  after he come of age to show cause against the decree yet lie be not when he  come of age to ravel into the account nor be he so much as entitle to redeem  the mortgage by pay what be report due but be only entitle to show a error in  the decree both these point be clear lie down by the Lord chancellor as  agreeable to the constant practice to a bill by the widow to set aside a  decree of foreclosure and to be let into redemption the mortgagee plead the  proceed and decree in the former cause by which it appear that the present  plaintiff while covert have join with her husband in a surrender of the  copyhold estate in question which be settle upon her in jointure and have be  foreclose and the plea be allow Reg lib a fol Burke v Crosbie ba be in the  case of line v Willis hear at the roll that of may this be admit by the  counsel on both side and also by the court to be the settle practice so bishop  of Winchester v Beavor Ves Williamson v Gordon Ves peer William er p peer  William de term paschae
case mallack who tam against spare in a action of debt on a penal statute the  fact be sufficient allege by a quod cum c but not in a information SC Carth  debt on the statute for sell of wine without licence the declaration state  quod cum be sell wine in his house at such a place such a day and so till such  a time the which he sell without licence contra form to cause to stand on nil  debet plead there be a verdict for the plaintiff motion be make in arrest of  judgement that it be ill with a cum because not positive but all recital and  therefore ill otherwise if he have recite the statute for the cum will have  refer to the statute and the other will have be a affirmation Tremain e contra  the sell without licence be positive lie beside it be in a action of debt and  there quod cum be well enough and the precedent be so the court it be well  enough for the action be bring for nonpayment and so it be like debt on a bind  you do not recite now the statute of tithe nor of hue and cry and that for  tithe be always so   Ent title debt the statute be not recite this differ not  at all from the case of debt on a bind but it will be otherwise if it be in a  information a and judgement for the plaintiff per totan curian
case mallet against mallet how a manor may he convey post   b Noy I lev Bac  Abr Cowp trespass for land in NorthPayton in summer setshire it be hold peg  curian that a manor in reputation which be not a manor in truth will not pass  by the name of a manor in a fine or common recovery for they shall not he take  by intendment but otherwise it be in a conveyance for there the intent of the  party will help it croak Elizabeth er p
case mallet against SACKFORD the devise of a term of year to a for life with  remainder over be good post roll ab   cro car dyer Plowd more   Bulst Ch Cas  Pollexf side vent Com dig queen if a tenant at sufferance can take under a  devise to such person as shall remain in such a house at the time of my  decease upon a special verdict the case be William mallet lessee for sixty  year devise it in this manner item I give to my wife and my cousin my term for  their life and afterward to such person as shall remain in my house at  Normington at the time of their decease the wife survive the cousin and assign  the term to another under who the defendant claim and that William mallet  cousin and heir of the lessor enter and let we for year the term expire the  lessee continue in possession until the time of the death of the wife the  first question be whether this remainder of a term be good or not coke and  Walmsley hold that it be not because it be but a possibility and there can be  any remainder thereof and no counsel can devise how such a remainder by any  act can be execute and therefore coke say it can be good in a will for that be  to make that good which by counsel can not have be advice but Warberton and  Daniel to the contrary and rely upon the authority of weldons case a paramour  case b and Pierponts case a second question be whether this tenant at  sufferance shall be say to be in possession to have benefit of this  remainder?But little be speak thereto et adjournatur
case man against turner judgement against the bail set aside upon the  surrender of the principal it be move to set aside a judgement against the  bail for that the principal surrender himself the second day of may and seven  day afterward give notice thereof to the attorney for the plaintiff that he  have surrender himself on that day before justice Tracy and two day afterward  be give notice that he have surrender himself before justice powys and all  this before the return of the second to know facias it be say on the other  side that though notice be give to the attorney yet by the express rule of  this court the bail be not discharge until the bailpiece be mark which be not  do until after the return of the second to know facias modern report it be  true there be a exoneretur enter now but that be after the sign the judgement  to which it be reply that admit the fact to be as beforementioned yet the  judgement ought to be set aside because the plaintiff attorney take the bail  piece from the judge chamber but do not leave it with the proper officer but  as soon as it be leave with he the attorney for the defendant enter a  exoneretur so that it be the plaintiff fault that it be not enter soon this  matter be refer to the master he report that the principal surrender himself  on the second day of may and notice be give to the plaintiff attorney that the  surrender be before justice Tracy on the seven day of may and two day  afterward that it be before justice powys and the bailpiece be discharge on  the four of the same month and that the second to know facias be returnable on  the nine day of may and that the plaintiff attorney take the bailpiece from  the judge chamber and keep it for a considerable time and that there be not  fifteen day between the testae and return of the second to know facias neither  be it four day in the office and upon this report the judgement be set aside
case man case if the spiritual court impeach a marriage without the levitical  degree a prohibition lie hob Vaugb pound vent Eq Cas he have marry his wife  sister dau liter a for which he be sue before the high commissioner for  although this be not prohibit within the levitical degree yes because degree  more remote be forbid they give sentence of divorce and he ground his  prohibition upon the Henry Q and a consultation be pray and grant because the  prohibition be not to he if it he not within the levitical degrees and here it  be generaland therefore not good vide   Litt
case man v Lechmere Michaelmas term see Giffard v William lr Eq the rule as to  evidence be the same in equity as at law Glynn v bank of England Ves where two  lease be set up you can read one of they till you have prove possession under  that lease to show a title in the lessor he must prove actual payment of rend  receipt alone will not do bailiff rentals be evidence of payment Lord  chancellor the rule as to evidence be the same in equity as at law and if a be  not admit as a witness at the trial there because material concern in interest  the same objection will hold against read his deposition here there be many  case where lease be grant to person in which possession upon that lease and  payment of rend shall be a presumption of right in the lessor till a better be  show but when two lease be set up you can read one of they till you have prove  possession under that lease receipt for rend be not a sufficient evidence of a  title in the lessor unless he prove actual payment especial where the person  who have sign the receipt be live for he ought to have be examine in the cause  where there be old rentals and bailiff have admit money receive by they these  rentals be evidence of the payment because no other can be have
case manhood against crick Trinity term Elizabeth roll one bind can be plead  in bar to debt on another post ante   b cro car Brownl light Rep Hobart Mod  Cowp burr debt upon a obligation of be a single obligation the defendant plead  in bar that after the obligation make he enter into another obligation of unto  the plaintiff for the payment of at such a place and day as be yet to come  which the plaintiff accept in discharge of the say bind of and it be thereupon  demurrer Andwithout argument adjudge for the plaintiff that the plea be ill  and not any bar
case manling against smith a prohibition until what time c lie for refuse copy  of article as well as copy of libel in case of article in the arch if a copy  of they be deny a prohibition lie as well as in case of a libel when a copy of  that be deny a but it be only until what time c
case manner against pern if the university claim cognizance in a action of  assault and battery and the claim be disallow on be after a imparlance the  plaintiff be not entitle to the cost thereby occasion this be the cause in  which the university of Cambridge have the last term a ante a claim conusance  of plead modern report er p and now the plaintiff move the court that the  defendant may pay all the cost for all the motion about that conusance it be  say that when a defendant make default at nisi prius he be from that moment  out of court and his motion in arrest of judgement be but as friend Curi and  yet the plaintiff have always cost but the court reject the motion for they  know no precedent nor see any reason that because a three person claim  conusance of plead and be refuse that therefore the defendant shall pay the  plaintiff cost beside in this case the defendant by imparling have as far as  lie in he show himself desirous of have the cause try in this court add to all  this that the motion be by no mean without foundation for the university only  come a moment too late
case MANNETON against Trevilian easter term car roll special plead in replevin  SC skin replevin for six cow the defendant avow for damage pheasant the  plaintiff reply a seize of certain land and a right to common of pasture for  beast levant et couchant on those land and that those six cow be his cattle  and levant et couchant there he put they in c the defendant rejoin with a  without hoc that those be the proper cattle of the plaintiff levant et  couchant on those his land demurrer thereto shower KB Mr holt the property  thereto be not traversable it may be plead but it can be traverse because it  be admit by the avowry and beside the levancy be ill traverse too Nelson Lutw  Mr pollexfen the levancy be not the sole measure of the common but there must  be a property also roll Abr so that the right can not be try without that  traverse a man can have common for beast in which he have not a general or a  special property and the court hold the traverse good and judgement be for the  avowant
case Mannings against townsend Trinity term Elizabeth roll a release to one of  two obligors shall not discharge the other if he seal the bind after the  release be give roll Abr cro James   light hob No   debt upon a obligation  date first may Elizabeth the defendant plead that he be bind in this  obligation simul cum rich golts to who the plaintiff have release all action  and demand the say first of may the plaintiff by replication show that after  the obligation seal by gotts he release to he and afterward videlicet the same  day the defendant seal the bind without hoe quod holding simul cuM gotts and  upon this it be demurrer in law and it be clear hold that this release do not  discharge the defendant but they hold the traverse to he ill because gotts be  bind with the defendant but because the defendant have not take advantage of  it to show it upon the demurrer and have confess the matter in fait allege by  the plaintiff it be adjudge that the plaintiff shall recover if nothing he  show to the contrary within two day croak Elizabeth er p
case mantle against WOLLINGTON a ejectment can be maintain on a joint lease by  tenant in common ante ld ray more roll ab   light   Poph burr term Rep show  will stram ld ray queen if acceptance of rend bar entry for forfeiture of  copyhold Cowp dougl ejectment on a joint lease by two upon not guilty a  special verdict be find that the two lessors be tenant in common and whether  he may declare of a joint lease or not be the question Fenner Yelverton and  Tanfield hold that the declaration be ill for he ought to have declare upon  several lease of their several part but William conceive it to be well enough  the matter in law intend to be find be a copyholder commit waste the lord  afterward accept of the rend whether that shall bar he to enter for the  forfeiture but no resolution be give therein
case march and carew case Surrey year the thirtieth Henry Octavi indictment  for say I like not the proceed of the realm Henry marquis exon proditory to  say I like well of the proceed of cardinal pool et beyond but I like not the  proceed of this realm and I trust to see a change of the world et beyond I  trust once to have a fair day upon those knave which rule about the king et  beyond I trust to give they a buffet one day et quod nicholaus Carew mile  malitose et proditory murmuravi et deem unworthy croak car to be et to say  haec word England I marvel great that the indictment against the lord marquis  be so secret handle and to what purpose for the like be never seen  Per bagam  sitting tent in person Thom Audley cancellar et elsewhere Henry
case march versus head July a woman who have pound in article before marriage  have no other provision than only a covenant from the husband that he will  consider himself as a freeman of London on her father death she become entitle  to pound more and apply for a further provision the court from the care it  take of the interest of feme covert will on a accession of fortune to the wife  oblige the husband to make a further provision a woman who have a thousand  pound to her fortune have no other provision under article before marriage  than only a covenant from the husband that hewould consider himself as a  freeman of London and if she survive he she shall have such a share of his  personal estate as belong to the widow of a freeman upon the death of the wife  father and mother she as next of kin become entitle to eighteen hundred pound  more atkins the husband and wife live separate a application be make now in  behalf of the wife for a further provision on this addition of fortune Lord  chancellor this court accord to the power it exercise and the care that it  always take of the interest of feme covert will either where there be no  provision at all for the wife on money come to her oblige the husband before  he be permit to touch it to make some provision for her or where there be a  slender provision only make before on a accession of fortune to the wife if it  be considerable not if a trifle only oblige the husband to make a further  provision Jewson v Moulson atk I think in the present case the provision make  for the wife a very slender one and of a very precarious nature and therefore  I will refer it to a master to receive proposal for a further provision on the  behalf of the wife in proportion to this accession of eighteen hundred pound  and order it accord Reg lib b fol
case margaret marshal case a general pardon may he assign as error to reverse  a outlawry if the party have not a opportunity of plead it post r Abr hob side  hawk strange error to reverse a outlawry in petty treason and allege that  whereas the offence be commit in the reign of queen mary that Elizabeth a  general pardon be make of all treason and felony that notwithstanding  Elizabeth she be waive for this treason the court say that the pardon be not  general and that they be not to take notice of it if the party do not take  advantage of it but it be hold that she may have a writ of error upon this  matter a because she have no day in court before to plead this matter but  always make default as if one have a release to plead and upon a to know  facias he be return nothing so as he never have day to plead it if judgement  he give upon his default he shall have a hearing complaint but if he have be  return warn and appear and do not plead it and judgement be give he have no  remedy upon the release
case margaret palm against the bishop OF peterborough question martial v  bishop of Exeter c b n S a presentee need not show his order and a plea pro  ebb qubd non to point out to queen imp be have post Com of   a I sand salk  quare hinder he plead that he demand of I S the presentee of the plaintiff to  see his letter of order and he will not show they and for this cause for that  he be not ascertain whether he be deacon or not and also he demand of he  letter missive or testimonial testify his ability and because he have not his  letter of order nor letter missive nor make proof of they otherwise to the  bishop he desire leave of the bishop to bring they and he give they a week and  he go away and come not again and that the six month pass and he collate by  lapse and upon demurrer upon it it be adjudge for the plaintiff for these be  not cause to stay the admittance and croak Elizabeth the clerk be not bind to  show his letter of order or missive to the bishop but the bishop must try he  upon examination for one and other and the plea be not allege in facto but pro  ebb quod non to point out so all come under the eastern quod and so no part of  it be traversable and for one and the other cause it be adjudge for the  plaintiff croak Elizabeth er p
case mariot against kinsman Michaelmas term car roll a will make by a feme  covert pursuant to a covenant of her husband for that purpose will bind he as  a appointment ante post Mod Mod Mod Mod Perk cro Elizabeth vern vern Prec Ch  will stram ld raym salk Bac Abr and the case there cite Com dig term Rep debt  upon a obligation the defendant demand oyer of the condition which be whereas  he have take a S a widow to wife be possess of diverse good if he shall permit  his say wife to make a will and to dispose in legacy as much as she will not  exceed fifty pound and pay and perform what she appoint so that it do not  exceed fifty pound that then c the defendant plead that she do not make any  will croak car the plaintiff take issue thereupon and it be find that she make  a will and thereby dispose of diverse legacy not exceed the sum of fifty pound  but that she be covert at the time of the will make c it be adjudge for the  plaintiff for although she be a feme covert can not in law be permit to make a  will to dispose of any good without the husband assent yet it be a will within  the intent of the condition for it be the intent of the condition that she  shall make a will to that purpose notwithstanding the coverture and it be but  her appointment which the husband by his obligation be bind to perform for  which the find that she be a feme covert be not material whereupon a rule be  give that judgement shall be for the plaintiff unless other matter be show c
case Markham against Dutra how a covenant to pay primage and average accustom  shall be construe breach of covenant on a charter party the covenant be that  the defendant shall pay all primage and average accustom it be show that the  ship by storm receive damage in her ring to the amount of four hundred pound  that the defendant ought to pay one hundred and seventy pound as his share of  it exception that this be not average that it be only where some good be throw  over to save the rest coal and blunt law dictionary law Mercator lib cap foe  the court take time Eyre justice average of custom be only the duty to be pay  to the master for care of the ship Pratt chief justice I have not have time to  look into it therefore let it stay until the court be further move the  defendant pray that the judgement may be reverse as to that and that he may  take judgement for the rest curian be it so Eyre justice you may find average  of custom in the statute of Henry c modern report er p
case MARLER against Ayliffe and EYLETT in trespass against two if one justify  and the other plead not guilty and the jury find for the justification and  against the general issue the plaintiff shall have judgement against both  except the justification be such as destroy the plaintiff title post ante hob    light cro car Mod Mod salk Com dig Bac Abr stram trespass for take a gun and  dagger from he one of the defendant justify because the plaintiff assault I S  with they and in preservation of the peace and for safeguard of the life of I  S he take they from the plaintiff and so justify the other plead not guilty  the plaintiff reply against he who justify de son tort demesne this issue be  find for the defendant and the same jury find against he who plead not guilty  that he be guilty and assess damage and cost it be now move in arrest of  judgement that in regard the action be bring against both defendant joint and  the justification be find for the one the other can be guilty and so no  judgement ought to be against he notwithstanding this verdict but  notwithstanding this exception the plaintiff have judgement for in that he be  find guilty and can take advantage of the justification the action well lie  for it shall be intend that he take it at another time without cause but if  the one defendant justify by the gift of the good so as he destroy the  plaintiff title and show that he can not have cause of action croak throw  which be find accord for that defendant although the other defendant be find  guilty yet no judgement shall be against he because it appear to the court he  have not any cause of action wherefore it be adjudge for the plaintiff
case MARLER against wright and green in it and Elizabeth roll a bishop lease  for three life concurrent with a lease for year by his predecessor be void    light a I and more or lev   Com dig Bac Abr ejection firm the case be Edmund  bishop of London make a lease Elizabeth for twentyone year of land part of his  bishopric render the ancient rend and afterward be translate to York and  Elizabeth Edwin then bishop of London grant the land to three for their life  render the ancient rend the lessee attorn the dean and chapter confirm the  lease Edwin be translate to York and John now bishop of London make a lease to  the plaintiff the question be if the lease for three life be confirm by the  dean and chapter be void to bind the successor by the statute of Elizabeth c  the lease for year be then in esse?And croak Elizabeth er p it be adjudge that  the lease for three life do not bind the successor and the principal reason be  that by the word of the statute upon lease make by bishop the ancient rend  must he reserve and yearly Payable and in this case the rend reserve upon the  grant for three life in reversion although it he due yet the successor have no  emedy for it during the lease for year by distress or by action of debt be  reserve upon a lease for life nor by assize for he have no seize and so it be  not due or Payable accord to the intent of the statute and the plaintiff have  judgement
case marley against blunt action discontinue be not action pen it be plead to  a action in this court that there be another action for the same cause depend  in the common plea nul tiel record plead rejoinder that the defendant have  discontinue the action in the common plea and to that demurrer and reps ouster
case marquis of hallifax versus Higgens eoden die Eq can ab pl S c mortgage at  pound per cent with covenant to pay pound on default of pay the interest  within day after due if the interest be behind day the mortgage shall carry  interest at pound per cent and the court will not relieve against it money  lend on a mortgage at five pound per cent the mortgagor covenant to pay six  pound per cent if he make default for the space of sixty day after the time of  payment the court decree that from default make he shall pay six pound per  cent and that this covenant be the agreement of the party and not to be  relieve against as a penalty Reg lib b fol
case marrow against turpin easter term Elizabeth roll if the administrator of  a lessee assign the term the lessor after receive rend from the assignee can  bring debt against the assignor for arrear of rend after the assignment ante  more sand and sand debt against the defendant as administrator of George  Turpin for rend arrear upon a lease to the intestate incur after his death the  defendant plead that before the rend incur for which the action be bring he  assign over the estate and term to a stranger who enter and the plaintiff know  of that grant have afterward accept of the rend from the stranger he be then  possess c and demand judgement c and it be thereupon demurrer the sole  question be whether a administrator shall he charge for the refit arrear after  the gral t?ADd it be clear resolve that he shall not for if he sell the croak  Elizabeth term for the payment of debt it be not reason that afterward he  shall he charge with the rend also croak Elizabeth er p especial in this case  where the lessor have knowledge of the grant and accept the rend from the  grantee and the case adjudge in the queen bench Elizabeth walker v Harris be  deny by Anderson W insley and Glanviie to he law for the lessee himself be not  Chargeable with the rend after the grant over his estate And they hold it to  he unreasonable that the grantor shall he always charge for the grantee  insufficiency wherefore it be adjudge for the defendant a go walker case
case marsden versus PANSHALL novembris Lord chancellor a country clothier send  clothes to his London factor to sell factor pawn they pawnee by answer admit  factor pawn some clothes but know not whether they be the plaintiff order that  the clothier in the presence of two or more may have a view of they the  plaintiff be a clothier in Yorkshire and entrust one Bumpas to sell his  clothes here in London Bumpas after he receive the clothes from the plaintiff  pawn Vernon chancery case er p they to the defendant who be a pawnbroker in  town the plaintiff bill be to discover whether those clothes come to the hand  of the defendant who by answer confess that some clothes be pawn to he by  Bumpas but do not admit that they be the plaintiff clothes whereby to enable  he to bring a action at law sergeant Maynard this day move for the plaintiff  that the defendant may be order to let the plaintiff with two or more Vernon  chancery case person present have a sight of the clothes pawn by Bumpas which  be order accord the meaning of which be and so it be take by the court that  the plaintiff shall thereby be enable to bring a action at law Reg lib b fol  though a factor have power to sell and thereby bind his principal yet he can  bind or affect the property of the good by pledge they as a security for his  own debt though there be the formality of a bill of parcel and receipt  Paterson v Tash strange so if a factor pledge the good of his principal the  latter may recover the value of they in trover against the pawnee on tender  the factor what be due to he without any tender to the pawnee Daubigny v Duval  term Rep see Maccombie v Davies east Graham v dyster m S Boyson v coal ib  Queiroz v trueman b stat g c
case marsh against brace a action of debt will not lie against a lessee after  the lessor have accept rend from a assignee of the term ante post more   cro  Elizabeth Bulst sand sand Com dig salk strange Cowp dougl term Rep term Rep b  r term Rep c b debt upon a lease for year demand rend for two year and a half  end at the annunciation last pass the defendant plead that before any rend due  he assign his estate and interest to I S who pay the rend to the plaintiff for  half a year due after the assignment which he accept from his hand the  plaintiff thereupon demurrer because it be not allege that he give notice to  he that he be assignee and also because the contract continue betwixt the  lessor and lessee during the term notwithstanding this assignment but all the  court resolve that this assignment and acceptance of the rend from the hand of  the assignee be notice in itself and a agreement that he be his tenant and  then he may not afterward resort back to the lessee and the bar be good to a  common intent and it shall not be intend but that he know he to be his tenant  and accept he as his tenant unless the contrary be show wherefore it be  adjudge for the defendant if other matter be not show c
case marsh against KAVENFORD promise by a father to his soninlaw after the  marriage raise a consideration ante post cro car roll ab hob dyer lev Leon  Cowper assumpsit and count that whereas at the request of the defendant there  be a communication of a marriage hetween the plaintiff and the daughter of the  defendant a by car c where there be no special occupant in who the estate may  vest the tenant pur autre vie may devise it by will or it shall go to the  executor and he asset in their hand for payment of debt and by Geo c it shall  vest not only in the executor but in case the tenant die intestate in the  administrator also and go in a course of distribution like a chattel interest  see Bl Com b vide hark   light b note where this subject be explain see also  Powell on devise p croak Elizabeth er p that he marry her and that afterward  the defendant promise to pay he one hundred pound Egerton and foster argue  that this be no consideration for it be pass and have no reference to any act  before but if the marriage have be at the request of the defendant and after  the marriage he promise c this have be good Popham Daniel and coke contra for  the father natural affection do continue and her advancement be sufficient  cause of the promise and they say it be adjudge in the exchequer that a  promise of ten pound in consideration of counsel give to one this be good  though the counsel be give before and it be here adjudge for the plaintiff
case marsh against VAUHAN and veal if two he indict for a conspiracy and one  he acquit the bill shall abate Henry W ass pl S p c Mod roll Abr Mod will Mod  sand raym keb stram latch bull n p hawk p c conspiracy the defendant plead not  guilty and the one be find guilty and the other not and it be hereupon move  that the bill shall abate for it ought to be against two and the one can  conspire alone and the one be acquit the other sole can be attaint and so be  Henry pl Henry pl Richard Bre assize assize Br and of that opinion be the  whole court here that a writ of conspiracy lie not nor be maintainable upon  this verdict but a action upon the case in nature of a conspiracy may have be  bring in this ease a wherefore it be adjudge for the defendant
case marsh versus how July where a probate differ from a original will there  must be a application to the spiritual court to amend where there be a  variance between the original will and the probate the cause must stand over  and the party be at liberty to apply to the spiritual court for amendment and  if they see occasion to make the proper alteration in the probate July upon  rehear a cause which be original hear before the chancellor it must be open as  a case
case marshal against dean to accuse a man of have forswear himself in a court  leet be actionable ante action upon the case for these word the plaintiff be a  forswear knave the plaintiff demand of he where he be forswear he answer in  Ilston court innuendo a court leet there hold it be move that a action lie not  for these word for the call one forswear knave unless he say in court be not  actionable which be agree per curian then the court here can know that Ilston  court be any court of record and the innuendo can help that which be imperfect  and therefore William say it be adjudge that for say thou be forswear in  whitechurch court a action lie not but note this case be show to the court in  write Elizabeth between Hern and Hix and the opinion of the court there be  that the action lie and the defendant croak Elizabeth give to the plaintiff l  and he release his suit and no judgement be give and all the court here hold  that the action well lie for this action be give by reason of the discredit of  such word among the neighbour and when he say that he be forswear in such a  court it can be in end but that it be a court of justice and the case of wile  and Cookman a be cite that for these word thou art a false forswear man and be  forswear in such a court it be adjudge that the action lie a ante croak  Elizabeth er p
case marshal against ditchin Hilary term car roll in trespass if the place  where be not name the defendant may state another time and put the plaintiff  to a new assignment S C keb hob cro term Rep term Rep term Rep term Rep hale  chief justice if a declaration be general quare enclosed space to break in  pieces and do not express what close there the defendant may mention the  trespass at another day and put the plaintiff to a new assignment but if he  say quare enclosed space vocal dale fregil c there the conclusion who be eaden  transgression will not help
case marshal against hobson judgement in formedon reverse because the suit be  by bill and the judgement eat without die   light a error of a judgement after  verdict in the city of York two error assign first the plaintiff bring a  formedon by bill and declare there accord to the custom and for that the land  be freehold which be not recoverable but by writ in any court therefore be by  bill it be erroneous and Godfrey say in any court where land be to he recover  he shall have a writ close or any other writ and shall declare accord to his  case and the nature of the suitFitz nat Br f Henry error Henry pl second error  the judgement be that the defendant eat without die whereas it ought to he  that the plaintiff shall take nothing by his bill and it be hold a apparent  error for such judgement shall not he give but where the queen be plaintiff  against who no judgement shall he give or where the judge mean be final that  the defendant shall hold it a tout jours
case marshal and his wife against doyle trespass by husband and wife ante post  style keb cro car Com dig term Rep trespass by husband and wife for break of  the close of the husband ad damnum the dawn and for this cause after verdict  it be move that the declaration be not good nor aid by the statute and it be  so adjudge croak James er p
case marshal case queen if a plea to the jurisdiction as ancient demesne be  not too late after imparlance S C Yelv   vent latch dyer Com dig stram Bac ab  Bac ab Tidds practice term Rep ejectment after imparlance the defendant plead  ancient demesne and it be thereupon demurrer for be after imparlance it come  too late but the court doubt thereof because such land be not impleadable at  the commonlaw and therefore it come time enough when he have not plead any  other plea say curian advisare vult a in easter term Elizabeth roll croak car  er p croak car trinity term car in the common plea sir Henry Hobart Knt chief  justice sir Richard Hutton Knt sir Francis Harvey Knt sir George croak Knt sir  Henry Yelverton Knt justice sir Thomas Coventry Knt attorney general sir  Robert heath Knt solicitor general
case Marsham against Bulwer in the exchequer Chamber Intr Hilary term James  roll in b r I l c b Parker ms a venire facias test previous to the fill of the  bill be not error for if it be award on the roll the same day the bill be file  it be sufficient ante Bulst dougl error of a judgement in the king bench the  error assign be because the bill be file die Mercury post octab purify  ceremonially pure year James which be upon the that February and the party be  at issue the venire facias bare testae the that February which be two day  before the bill be file it be before any issue can be join and so a ill venire  facias and not help by the statute but all the justice and baron hold that it  shall be as if there have be no venire facias for it can be intend a venire  facias in this action be before the action commence and it be contrary to the  roll which mention it to be award after the issue join wherefore they ought to  have regard thereto and not to the award of the venire facias which be before  the action begin and although in the action which be join the same term and by  the same roll the award be of a venire facias returnable also die Mercury post  octab purify ceremonially pure which be the same day whereon the bill be file  and he plead yet it be hold good enough and the judgement be affirm
case Marsham against hunter Trinity term James roll see hall v Byron Ch d bare  v Abingdon Ch if a copyholder who have a right of common in the lord waste or  to take estovers purchase the freehold of his copy his right of common and  estovers be destroy ante S C more SC Yelv cro Elizabeth hob Bulst Brownl  Brownl more roll ab and salk ld raym Mod vern vern gilbert ten term Rep  trespass upon demurrer for trespass in straton heath the case be a copyholder  for life have common in the lord waste as all other the copyholder have by  custom of that manor the lord grant and confirm the say copyhold message and  land cum appurtenance to he and his heir whether this purchaser shall have  common there as the copyholder have be the sole question all the court resolve  he shall not for he have his common by reason of the custom which annex the  same to his customary estate which be destroy and determine by his own act in  make it a freehold the common be also destroy and determine and can continue  without special word they also resolve that those general word cum  appurtenance will not serve William in his argument mention the case of one Mr  Sheldon in the common plea who have diverse copyholder that have common in his  waste land who several purchase the freehold of their copyhold estate and he  say it be adjudge that their common be thereby destroy and a precedent be cite  Elizabeth roll in this court forth v ware where a copyholder have use to take  estovers to repair his hedge and the lord grant ed to he the freehold of the  copyhold by the word of grant unto he all the land tenement and hereditament  thereto appertain and thereto use and occupy yet it be resolve he shall not  have common in the land of the lord so here wherefore it be adjudge accord for  the plaintiff
case Marsham against JOLLES Michaelmas term James roll a bind for sexinginta  scales be good for sixty pound ante hob roll ab Com dig error of a judgement  in the common plea in debt upon a obligation of sixty pound oyer bake demand  the obligation be enter in haec word c for sixty c sexinginta upon this  variance it be demurrer in law and judgement give a writ of error be bring and  this point assign for error and without argument the judgement be affirm for  it be hold that the obligation be good and the word all one in intendment
case Marshfield versus weston Eq can ab pl S c in what case as to matter under  S party own oath be allow to be a proof in a account between the plaintiff a  gardener and the defendant a seedsman though the defendant be allow sum under  forty shilling upon his oath as to his Vernon chancery case er p seed sell and  deliver c yet the plaintiff shall not be allow any thing upon his oath as to  tree that he sell and deliver to the defendant or the like vide anon ante Vol  Whicherly v Whicherly ante ibidem
case martin against alice whip if a person cancel a bind in which the  intestate be bind to another and give his own bind for the same sum this be in  the nature of a payment and may make he executor de son tort   dyer hendl Mod  I and Bac Abr term Rep debt against the defendant as executrix of I S upon  full to manage plead it be find by verdict that the testator at the time of  his death have good to the value of one hundred pound and be bind to another  by obligation in one hundred croak Elizabeth pound and that the defendant have  take in this obligation and make another in her own name with surety to the  obligor and upon the motion of heal the court hold this be a administration  and it be in the nature of a payment and so much of the testator debt be by  this discharge and so it be say to he adjudge in wood case notam it be rule  accord easter term Elizabeth which be enter mich pound Elizabeth rot inter  stamp el Hutchins
case martin against BURLINGS word which impute folly or dishonesty to a  attorney be actionable vent pop cro car   lev action for these word be martin  your attorney he be the foolish and simple attorney towards the law and if he  do not overthrow your cause I will give you my ear he be a fool and and ass  after verdict for the plaintiff be uva move that the word be not actionable  and so the court conceive upon the first motion but be upon another day move  again they resolve that the action well lie for to say that a attorney will  overthrow his client cause be a great slander and touch he in his place  wherefore it be adjudge for the plaintiff
case martin against DELBOE to a assumpsit on a promise to pay so much out of  the net proceed of good the defendant may plead that the cause of action do  not arise within six year for this be not within the exception of James c S C  keb S C side S C vent S C lev post sand Mod lev Abr Eq vern Mod stram stram  Peer wms a action upon the case set forth that the defendant be a merchant and  transmit several good beyond sea and promise the plaintiff that if he will  give he so much money he will pay he so much out of the proceed of such a  parcel of good as he be to receive from modern beyond sea the defendant plead  the statute of limitation and do not say non assumpsit inra sex aged but that  the cause of action do not arise within six year the plaintiff demurrer  because the cause be between merchant c simpson the plea be good account  within the statute must be understand of those that remain in the nature of  account now this be a sum certain Jones accord this be a action upon the case  and a action upon the case between merchant be not within the exception and  the defendant have plead well in say that the cause of action do not arise  within six year for the cause of modern er p action arise from the time of the  ship come into port and the six year be to be reckon from that time Twisden  justice I never know but that the word account in the statute be take only for  action of account a accuse compuldsset bring for a sum certain upon a account  state though between merchant be not within the exception so judgement be give  to the defendant a this case be adjourn S C vent upon a doubt whether this  appear sufficient on the declaration to be a account state between these party  S C side and the court though after argument permit the plaintiff to  discontinue S C lev in order that he may bring a action of account S C keb a
case martin against girl statute of addition extend only to process on which  outlawry lie case by bill for good sell against Francis Gell Esq who plead  that he be not Francis Gell Esq but merchant whereon the plaintiff demurrer  and judgement to answer over because the statute of addition extend only to  process where outlawry lie and no outlawry lie on a bill
case martin against Nichols ejectment of so many acre of land meadow and  pasture must describe the several quantity of each ante roll Rep salk show  Carth Mod hard palm Bac ab Com dig burr Cowp dougl term Rep error of a  judgement in a ejectment the error assign because the declaration be of a  message and forty acre of land meadow and pasture thereto appertain and it be  not distinguish how much there be in land how much in meadow and how much in  pasture therefore the judgement be reverse
case martin against Pritchard where payment before the day be payment at the  day S c stram a action of debt be bring in the court of common plea on a bind  condition to pay a hundred pound with interest on the five day of December c  the defendant plead that after make the bind et ante diem impetrationis short  catalog primitive videlicet on the first of December be pay the money c the  plaintiff reply non to loosen modus et form the defendant demurrer special for  that payment before the day be no good plea the plaintiff join in demurrer and  judgement be give for the plaintiff in the court of common plea a writ of  error be bring in this court modern report strange argue that the replication  be ill have put in issue a day which be not material as in the case of merril  v joceline a Mod a where in debt on bind the defendant plead payment before  the day and plaintiff in his replication take issue thereon and the issue be  hold immaterial the day in the plea though come after the videlicet can be  reject b cro James b for it be not inconsistent with any matter precedent the  court in the case of merril v joceline the defendant shall have plead to  loosen ad diem but have plead a payment before the day the point in issue only  turn on that fact which make the issue material only if find one way therefore  in that case the plaintiff shall have demurrer in this case the day be entire  immaterial this be a plea upon the statute of whether c so that the question  be only whether the principal and interest be pay before the original sue if a  original be produce subsequent to the first of December the plea will be good  for the day be only form the judgement be affirm c see Cowme v Barry stram  Fletcher v Hennington black Rep burr winch v pardon buller n p sturdy v Arnaud  term Rep c
case martin and his wife against straddle word ante action for these word of  the plaintiff wife thou art a witch and have bewitch my wife milk after  verdict for the plaintiff it be move in arrest of judgement that to say thou  art a witch general without more be not actionable then to say thou have  bewitch my wife milk be insensible for a wife can have milk of cow but it be  her croak throw husband and it may be intend that it be the milk in her breast  and be doubtful it be not actionable wherefore the court will advice
case martin LEESERS case on a indictment for felony if the jury find a special  verdict that the money be obtain by play with false dice the court may give  judgement for the trespass and misdemeanour roll roll ab roll Rep Mod side cro  Elizabeth cro car ld ray hawk p c hawk p c stram note a precedent be show and  read in court of Trinity term Henry roll one Martin leeser be indict in the  county of Surrey before the justice of peace because that he felonious enter  the house of I S and felonious steal eighteen penny upon not guilty plead the  jury find a special verdict that the say Martin leeser and one I d and I n de  cognition svan communes player haserdatores England common player and hazadors  cum game of dice England dice that they use to play with false a Edward pl a  see car c S ante in notorious facts b see Geo c croak James er p dice and  cozen the king liege people at play and that they enter into the house of the  say I S and desire he to play with they at dice and with false dice they win  of he d ob and if this be felony they pray the discretion of the court croak  throw this indictment and verdict be remove into the king bench and thereupon  judgement be enter that although this be not a offence for which he shall lose  life or member yet because it be find that he be a common cozener of the king  people it be order that he shall be set upon the pillory three several day in  the strand and three several day in Southwark where the offence be commit note  that Noy show this precedent to the court and present the roll be view and  read and Montague chief justice command a copy to be take thereof as a good  precedent for the jurisdiction of the court and government of the commonwealth  see car c and Ann c and Geo c S
case martin page case penetration must be prove on a indictment for a rape and  on acquittal for this defect the offender may be indict for the misdemeanour  hawk p c hawk p c burr martin page be indict at Newgate session for that  carnally cognovit one a W a infant under the age of ten year a and because  upon evidence to the jury at his arraignment it be not prove that he enter  into the child body but the a Dany cro Elizabeth more and say a see Elizabeth  c croak car er p contrary although he very much have abuse her the jury will  not find he guilty of the felony whereupon by advice of justice Jones and  justice Berkley who hear the evidence and conceive it a foul fact and fit to  be punish a indictment of battery for abuse the say infant in lie with her be  prefer and find and he be thereupon try this term at the bar and be find  guilty be adjudge for the misdemeanour to be commit to prison there to abide  during the king pleasure to be fine two hundred mark to stand upon the pillory  in Chancerylane in Middlesex near the place where the fact be commit with a  paper upon his bead signify the cause and to be bind with able surety to the  good behaviour during life
case martin versus long Eq Abr pl S c vern S c case t t fearne count Rem a  devise of a term to a his heir executor and assign for ever but if he die  before without issue remainder over this remainder be good a man devise a term  for year to I S his heir executor and assign for ever but if he die before  leave no issue then to I d the devisee die before without issue and the  remainder be hold to be good
case martin versus Woodgate November Eq Abr c c devise of the rend and profit  of land till his son attain towards payment of debt and if my son die before  my debt be pay then to a and the son die before yet the rend and profit not  only till he will have attain but also beyond till the debt be pay shall be  apply for that purpose a devise all his good chattel and stock to his wife who  he make executrix for payment of his debt and afterward devise the rend and  profit of all his land to her till his son I shall attain his age of year or  marry towards payment of his debt and then have these word and if my son die  before his age of or without issue my debt be pay precedent in chancery then I  devise to I S in tail he pay pound to c the son die before without issue and  the profit to the time the son will attain to that age be not sufficient to  pay all the debt and the question be whether the profit beyond that time shall  be liable to the debt Rawlinson and Hutchins who be only in court hold they  shall for upon the whole will they take it plain to be the intent of the  testator that all his debt shall be pay out of his land Rawlinson admit that  if the testator have only devise the profit till his son shall be towards  payment of debt and have go no far that it shall have be carry no far than  till the son will have attain to that age but Hutchins be of opinion that even  in that case the profit shall be apply to pay the debt beyond the age of if  those to that time be not sufficient to discharge they all precedent in  chancery er p
case Marvin against Maynard in slander of title the plaintiff need not show  what estate he have and it be sufficient if the word speak allude to the  estate by its usual appellation ante post Com dig action upon the case whereas  he be seize of the manor of UptonGray that the defendant to slander his title  speak these word Mr Marvin innuendo the plaintiff have not any title to Upton  innuendo UptonGray upon not guilty plead it be find for the plaintiff and now  move in arrest of judgement first because he do not show what estate he have  therein for it may be that he have it but pur auter vie and then disturb slui  who vie be dead he have not any title he ought also to recover his damage  accord to his estate c second the word be not speak of Upton grey but of Upton  only which can be intend of UptonGray and it can be help by the innuendo but  all the court resolve that the declaration be well enough for as to the first  he need not show what estate c for his seize of any estate be sufficient and  therefore Fenner say in the case of Huddleston v Lord Dacres in a writ of  annuity the defendant plead that he grant it unto he to he his steward and  that he be seize of the manor of d and request he to keep his court there and  he refuse c and exception be there take because he show not of what estate he  be seize and rule to he well enough for peradventure it may he perilous to  discover his estate to the second they hold that the innuendo do sufficient  serve to show his intent what he mean in naming Upton for it be usual know  without the addition and may he call so wherefore the innuendo stand well with  his speak but if without the innuendo it can not by any intendment he take so  it may have be otherwise wherefore it be adjudge for the laintiff
case mary peacock executrix of Richard peacock against steer plaintiff  executor shall not pay cost post S C Hutton lev lie strange Mod dougl term Rep  ravishment de guard the plaintiff declare that one John steer hold such land  of the testator by knight service and die leave his heir within age and that  the testator seize the say ware and die thereof possess and afterward the  defendant ravish he the issue be upon the tenure be find for the defendant the  question be upon the James c whether the plaintiff shall pay any cost because  she count that she bring her action upon her own possession and Hutton Harvey  and myself hold that the defendant shall not have cost but Yelverton e contra  vide goldsmith v lady Platt a Haywarth v David b and Fetherston v Allybard c  croak car easter term car in the common plea sir Richard Hutton Knt chief  justice sir Francis Harvey Knt sir George croak Knt sir Henry Yelverton Knt  justice sir Robert heath Knt attorney general sir Richard Sheldon Knt  solicitor general
case mary york against allen if a pardon relate back to a day before the  exigent be award the outlawry be thereby discharge Bac Abr   a b to know  facias upon a recognizance the case be one be quarto drive out in a action  against he and afterward be quint drive out Nov Elizabeth and afterward the  pardon come which have relation to all offence before the first of Novemher if  by this the outlawry he discharge be the question for the outlawry be after  the time unto which the pardon have relation and prima fancy the justice hold  that it be discharge but they will advice vide Henry pl pound Henry  Quartermains case the next day it be move again and it be then adjudge that  the outlawry be discharge and void for the contempt and offence be pardon and  then the outlawry after be void
case mary york against twine in the court of ware the sheriff under a writ of  become facias may sell a annuity grant by the crown and Payable by the  receiver in the court of ware for it be in the nature of a rentcharge   Inst    Bac Abr note this term in the court of ware a case be make and deliver to the  judge assistant to that court videlicet Popham Anderson and Fleming the queen  have grant under her great seal to one Allen a annuity of forty pound a year  for twentyone year to be pay by her receiver of her court of ware Allen be  condemned in four thousand pound damage at the suit of one croak throw Gilbert  York and the verdict be affirm in a attaint bring as well for the very matter  as for the excessive damage judgement be give accord and upon afierifacias  this annuity be sell to George York for five hundred pound the question be  whether this extent and sale be good and they resolve that it be well  extendable and well sell by the sheriff for be a annuity certain for year  certain and Payable by the receiver it be in nature of a rentcharge for  twentyone year and be well grantable over and vendible and not like to a  annuity which charge the person only croak throw michaelmas term James in the  king bench sir John Popham Knt chief justice sir Edward Fenner Knt sir  Christopher Yelverton Kilt sir David William Knt justice sir Edward coke Knt  attorney general sir John Doderidge Knt solicitor general case memorandum sir  Francis gawdy promote from the king bench to the common plea in the place of  sir Edmund Anderson decease the first day of this term sir Francis gawdy  second judge of the king bench be make and swear chief justice of the common  plea sir Edmund Anderson die the last vacation and all the fellowship of the  Inner temple attend he to the hall the Saturday follow although it be doubt  whether they ought to attend he because he be before a judge croak James er p
case MASCAL against davis a person who inlists into the army after verdict  against he may be take in execution a motion be make to discharge one who be a  prisoner upon the Act of parliament for listen the case be there be a trial  and after verdict for the plaintiff the defendant listen himself and Huckss  case last term be cite where one be discharge upon a excommunicate to take in  hand he be so enlist holt chief justice say he be never of opinion that  execution be within the Act though the judge of the common plea be of that  opinion but there appear to be fraud in this case the defendant can not be  discharge though it have be upon mesne process much less on a execution a see  Anonymous ante mason v vowson post a
case mason against ATHERBURY forfeiture of bind he give a bind for his true  imprisonment and after escape and the marshal assign the bind to the plaintiff  who sue it to judgement the obligee bring in the original defendant and the  marshal accept he and per curium he by the acceptance have dispense with the  forfeiture of the bind
case mason against bushel if a trader be sue by the addition of yeoman he can  plead in abatement that be be a Horner S c cite ld ray S p stram the plaintiff  bring a action against Aaron bushel late of Honiton c yeoman the defendant  plead in abatement that he be a Horner without hoc that he be a yeoman on a  demurrer to this plea it be argue that yeoman be a good addition within the  statute modern report Henry c by which it be enact that in original writ where  a exigent shall be award the addition of the defendant condition and dwell  shall be insert now here there be the addition of yeoman which the defendant  must be if he be not a gentleman and a Horner may be a yeoman I e a ordinary  or common person and if so then the plaintiff have election to name the  defendant either by his degree or condition or by his mystery or trade modern  report er p and this be a plea in abatement the defendant ought to have give  the plaintiff a better writ and that direct in the same species of addition  and opposite to the addition of yeoman which he shall have plead the court be  of opinion that the defendant ought to have give the plaintiff a better writ  in the same species of addition this be say by Eyre justice but Pratt chief  justice doubt whether it be necessary to be of the same species note to former  edition a otherwise he will take away the plaintiff election of addition of  his degree or mystery for a Horner and a yeoman be not inconsistent therefore  the plea be adjudge ill and the defendant rule to answer over see horsepool v  Harrison stram determine on the authority of this case same point smith v  mason ld ray stram see also Warner v Irby ld ray b
case mason against Caesar commoner may abate hedge make upon his common  trespass for pull down of hedge the defendant plead that he have right of  common in the place where c and that the hedge be make upon his common so that  he can not in ed part enjoy his common in lamb opportunity modus c and so  justify the pull they down and they be at issue whether the defendant can  enjoy the common in lagn fine meal modus c and there be a verdict for the  modern defendant and judgement be stay till move on the other side Scroggs  sergeant move in arrest of judgement because the plea be ill and the issue  frivolous for it be impossible that he shall have common where the hedge be  and therefore the defendant ought to have bring a action upon the case or a  embd permittal he can abate the hedge though he may have pull down so much as  may have open a way to his common the lord have a interest in the soil and a  commoner have no authority to do any thing but to enter and put in his beast  and not to throw down quickset hedge for that be a shelter to his beast but  the court be of opinion that the defendant may abate the hedge for thereby he  do not meddle with the soil but only pull down the erection and the modern er  p yearbook of Edward pl be express in this point vide Henry pl Henry pl Henry  pl ass and nothing be say concern the plea and so the defendant have judgement  a in the case of king v Wyvil and other Michaelmas term Geo a information be  grant against commoner for a not in pull down fence note to the four edition a
case mason against Hogsden a factor may be a witness holt chief justice say  that bare be a factor do not incapacitate a man from be a witness in a cause  otherwise if he be interest a see school v Grampire viner pl Dixon and other v  Cooper will ball v Bostock stram a modern report trinity term the eight of  queen whether in the queen bench sir John holt Knt chief justice sir John  Powell Knt sir Littleton powys Knt sir Henry gold Knt justice sir James  Montague Knt attorneygeneral sir Robert Eyre Knt solicitor general
case mason against Nevil special plead ante Cr trespass the defendant plead  that Alex Nevil his ancestor be seize and die seize and the land descend to he  as son and heir c the plaintiff reply that long time before a Nevil have any  thing in the land I S be seize in fee and feoff four other to the use of  himself and his wife for their life and after to the use of W his son for life  and after his decease that they shall he seize ut in the dawn pristine  position upon condition that they shall receive the profit and pay to b the  wife of W twenty pound per annum during her life and after they shall he seize  to the use of the heir male of the body of W that the baron and feme die that  W enter and feoff the say Alex Nevil and die who enter and devise it croak  Elizabeth er p by his will in write to his young son fordife and afterward a  the wife of W die and Nicholas son and heir of the body of W enter and let to  the plaintiff upon this it be demurrer in law first because he do not traverse  the descent second because as this case be the heir male of W can enter for by  the feoff the estate tail be discontinue and none can enter except the feoff  enter and revive the use but after motion of the case by the sergeant without  any great argument the court give judgement for the plaintiff for the descent  be not traversable but the die seize which be confess and avoid by the devise  and periam say the descent in any case be not traversable but where both party  claim by the same person and that this feoff be no discontinuance nor bar the  entry of the heir Qucere the reason for the court do not show any reason of  their judgement Henry pl Henry pl Elizabeth dyer
case mason against Stratton executor c if a executor plead two judgement and  no asset ultra a replication that he only pay so much on jacl and keep both on  foot per fraud be good debt upon bind the defendant plead two judgement have  against his testator and set they forth and that he have but forty shilling  asset towards satisfaction the plaintiff reply that the defendant pay but so  much upon the first judgement and so much upon the second and yet keep they  both on foot per fraud el covinam the defendant demurrer special because the  replication be so complicate that no distinct issue can be take upon it for  the plea set forth the judgement several but the plaintiff put they both  together when he allege they to be keep per fraud but on the other side it be  say that all the precedent be as in this case   turner case   heriel Treshams  case and of that opinion be all the court that the replication be good and  judgement be give for the plaintiff
case mason against vowson if a statute enact that no soldier shall be take out  of the service by any process whatsoever yet this shall be understand by mesne  process only and shalf not prevent he be take in execution a judgement be have  against the defendant vowson and after judgement obtain he voluntary listen  himself a soldier and after the say listen he be take in execution by virtue  of a capias ad to give satisfaction upon that judgement a motion be make this  term that he may be discharge accord to the late Act of parliament which say  that any person that voluntary listen himself a soldier shall not be take out  of her majesty service by any process whatsoever but per curian the motion be  deny for the word any process must be intend only of a mesne process and not  be extend to executioner for that will modern report be hard upon creditor and  put they without remedy wherefore vowson be not discharge a see Anonymous ante  Macall v Davies ante a
case MASSENBURGH versus ash eoden die in court Lord keeper ante case post case  Ch Rep it have be order at the hear of this cause that a case shall be draw up  as it stand upon the deed for the judge of the common plea to give their  opinion upon it be now move that the Lord keeper will rehear the cause and be  attend with judge or that it may be present to the judge for their opinion as  a case in equity as well as a point in law the Lord keeper declare his opinion  be that he can go no far in equity than the law go in the case of a executory  devise but however direct the case to be draw up at large for the judge  opinion as well in point of equity as of law and in case they be of a opinion  that equity ought to go far than the law he will consider further of it
case MASSENBURGH versus ash februar ante case Ch Rep trust of a term limit to  the husband for life remainder to his first son and if that son die leave  issue then to such issue but if the son die in the lifetime of the father  without issue then to the second son this remainder be good this cause upon  the former hear have be direct to be try in a feign issue in the common plea  that so the validity of the contingent limitation over of the trust of the  term to the plaintiff may come in issue Lord keeper declare that the trust of  a term in equity ought to be govern by the same rule as a executory devise of  a term at law afterward upon a motion it be order that a case shall be draw up  for the judge of the common plea to give their opinion upon and the judge have  unanimous give their opinion that the contingent limitation over to the  plaintiff be good for this reason because the contingent limitation be  circumscribe and must happen within the space of year the cause come now to be  hear upon the equity reserve and the Lord keeper declare himself full satisfy  with the opinion of the judge and decree for the plaintiff and say he take  this case to be the same with the case of wood and sander Ch can Ch Rep pol  where the trust of a term be limit to the husband for life remainder to the  wife for life the limitation be to the husband for year if he shall so long  live remainder to the wife for year if she so long live with a remainder to  their old son and if he die leave issue then to that issue but in case he  shall happen to Vernon chancery case die in the lifetime of the husband or  wife without issue then the remainder over be limit to another son of the  husband and wife and this remainder by the advice of the judge be hold to be  good the remainder to the old son be but a contingency Reg lib b fol
case mastin against ABDEE Michaelmas James roll where the principal and  interest be in hazard there can be no usury SC comb SC Carth SC holt SC salk  it be agree that if principal and interest be in hazard upon a contingency it  be no usury though the interest do exceed the allow rate of six pound per cent  accord to the case of Shapley v Hurrel cro James vide cro James and cro  Elizabeth and when there be a hazard that the plaintiff may have less than his  principal it be no usury
case Mathias carter case to sell protection in the name of a peer be a  contempt of privilege the house of peer may commit for conspire to charge a  person with slander of the house ante Rusb Com dig parliament pound on  Thursday the four day of February one Mathias carter gentleman to the earl of  Suffolk be by order of the house of peer commit to Newgate on proof of his be  guilty of procure and sell write protection from and in the name of that peer  to several person to the great damage of modern report their creditor and in  breach of the stand order of that house and he be also find guilty of a  unlawful combination with other to charge false on their oath certain person  for speak scandalous and insolent word reflect on the house of peer and be  sentence to pay a fine of twenty noble to suffer three month imprisonment and  to stand twice in the pillory all which be do accord without any trial by jury
case MATRAVAS vers adlam and brown in c b in a to know facias on a  recognizance of bail the defendant demurrer because it be not sufficient aver  that the plaintiff be the same person to who they be bind but hold no cause of  demurrer barn S c this be a to know facias against the defendant on a  recognizance of bail for Aaron law wherein they be bind to John Matravas the  young in on condition that if the say John Matravas recover against the say  Aaron law and he do not pay c they shall render the defendant or pay  condemnation then allege that although the say John Matravas the young by the  name of Matravers recover judgement m Geo against the say Aaron law and S cost  and have not be pay yet the defendant ha d not render c the defendant demurrer  comens and sergeant Belfield insist first that the bail be not liable because  the recognizance be to John Matravers the young and there be no averment that  the plaintiff in the action name John Matravers without addition be the same  person comens er p second if there be a averment it will not help any more  than if Edward sign a bind and be sue by the name of Edmund which be his true  name to say Edmund by name of Edward c become bind c cro Elizabeth cro godb  palm S c a Lut say non allocatur for here be a sufficient averment and it be  not like the case cite therefore judgement be give for the plaintiff
case Matthew against crass a action for defamation per quod the plaintiff lose  his marriage will lie although the word be only cognisable in the spiritual  court post cro car roll ab   latch Carth comb side salk ld ray Bac ab term Rep  action for these word thou art a whoremaster for thou have lie with croak  James er p brown wife and have to do with her against a chair by reason of  which word he lose his marriage ad damnum c after verdict for the plaintiff it  be move in arrest of judgement that the word be not actionable but examinable  only in the spiritual court and that this be the first precedent where loss of  marriage be ever lie for word speak of a man and so not like to whether Davies  case   but it be conceive by the court that there be not any difference  betwixt the case as to the hindrance of marriage either of croak throw a man  or of a woman which be allege in this case and a temporal loss and damage to  ensue thereby although the crime be to be punish in the ecclesiastical court  yet these word give the temporal court jurisdiction and make they here  actionable so the call of one bastard be triable and determinable in the  spiritual court yet when matter subsequent be lie which be triable in a  temporal court as to entitle himself to be heir or where he show some  possibility of be heir this make the call of he bastard to be actionable at  the commonlaw a so here by reason of the allegation of his loss of marriage by  these word speak the action be maintainable and judgement be give for the  plaintiff
case Matthew against hassel Michaelmas term pound Elizabeth roll No day be  give in ejectment for the writ of enquiry dougl quod recupere possession be a  good judgement in ejectment f n b   light Savil Mod Mod error of a judgement  in ejection firmce of a house in London where judgement be upon confession of  the defendant first error assign be that a writ of inquiry of damage be award  and no day give to any of the party to he there at the time of the return for  the entry ought to he therefore die dalus be birth preceding or at least to  the plaintik so that he may then prayhis judgement say non allocatur for the  defendant be not to have day and the plaintiff be to attend at his peril and  so be the course in the common plea but it be otherwise in the queen hench the  second error the judgement be that recupere possession termini prcedicti where  it shall he quod recupere lerminum and so be all the book but the court hold  it all one for as in a real action he be to recover seize so in a personal he  be to recover possession and the writ be hahere facias possession and the  judgement be affirm
case Matthew against ollerton if a defendant agree to refer the matter to the  plaintiff he can object to the award that the plaintiff be a judge in his own  cause S c comb debt upon a award and a verdict for the plaintiff and it be now  move in arrest of judgement the exception take be that the matter in  difference be refer to the plaintiff himself who make a award say non  allocatur and the case of sergeant Hards be remember by dolben justice  videlicet the sergeant take a horse from my Lord of Canterbury bailiff for a  deodand and the archbishop bring his action and it come to a trial at the  assize in ken the sergeant by rule of court refer it to the archbishop to set  the price of the horse which be do accord and the sergeant afterward move the  court to set aside the award for the reason now offer but it be deny by Lord  hale and per totan curian
case Matthew case debt for rend upon a lease may he try where the lease be  make Aliie term Rep debt upon a lease for year make at Northampton of land in  d in the county of Northampton the defendant plead nothing dehet and find  against he and it be move in arrest of judgement that the v venire facias be  award de Northampton whereas it ought to have be from d where the land lie but  if the lease have be traverse it shall have be from the place where it be  allege to have be make a the court hold the trial to be good enough for the  debt be due by reason of the contract which be at Northampton wherefore absent  Anderson it be adjudge for the plaintiff
case matthews and his wife against thomas coal thomas doughty and I b in the  exchequer Chamber when the cause of action be joint damage must be joint  assess though the plead be several ante   cro Elizabeth lev stram Com dig  dougl trespass for the battery of the plaintiff wife the defendant Thomas coal  plead general not guilty Thomas Doughton plead that he be and be at the time  of the trespass constable of Haveril in Essex and plead not guilty I b the  three defendant plead de son assault demesne so three issue be join one jury  find all those issue for the plaintiff assess damage entire to forty pound and  judgement be give accord a writ of error be thereof bring in the  exchequerchamber because they ought to have find several damage upon the  several issue say non allocatur and the judgement be affirm a
case Matthewson against Lydiate ante page and break off the seal of one joint  and several obligor shall not avoid the deed against the other ante     lev  show march salk bull n p Cowp the case be now move again and all the court  agree that the break off the seal of one of the obligors shall not avoid the  deed but against he only for the deed be several by every of they and a  release to that e one with not serve the other but if he raze the deed in any  clause which concern they all or in the date that shall have avoid the deed as  to all but otherwise the deed be intend several to every if they wherefore the  pull off the seal from one be no discharge against the other and afterward it  be adjudge accord for the plaintiff
case Matthewson against Lydiate ante page case where several enter into  covenant by the same deed and the seal of one of the cove nantors be tear off  yet it shall not discharge the other ante post lev   salk salk bull n p Com  dig the case be now revive again upon a new action bring and the matter plead  in bar as before find a demurrer thereupon Glanville move that it be a several  deed for every one covenant by himself that the one shall pay c and that the  other shall pay c and therefore it be as several deed in one piece of  parchment and in that regard although the deed of the one he discharge by the  break off the seal yet it remain that deed of the other Warherton although the  first word have a covenant separatin yet in the end be this clause et ad  verformdndum all men assembly prcedict every of they croak Elizabeth separatin  bind himself in a double fraught wherein every of they bind himself that the  covenant of his companion and his own shall he perform which be joint in  itself Walmsley and Heaumond the covenant be that every one bind himself ad  performationem all assembly trader prcedictor which extend to every of they  reddendo one one videlicet to perform his own covenant Anderson I doubt much  thereof for in the premise it be a joint deed as for a joint demise by joint  lessors to joint lessee and the covenant be in word several so as if the one  have release the covenant to the one of the lessee that have not discharge the  other for their covenant be several but if a discharge of the deed of the one  he a discharge for all I doubt much wherefore that e court move the party to  compound a
case mature against uvestwood a action will lie by the assignee of a reversion  for year against a under lessee on a covenant to leave the premise in repair  A de post S C Goulds more and godb dougl term Rep post more I Bac Abr wood con  plead dougl covenant upon demurrer the case be a lessee for twenty year grant  it by indenture to Westwood for ten year wherein he covenant at the end of the  term to leave it sufficient repair and give the possession to the lessor his  executor or croak Elizabeth assign afterward a assign the reversion to the  plaintiff and because the defendant at the end of the ten year do not deliver  up unto he the tenement sufficient repair he bring this action it be first  move whether this action lie by that Henry c for a assignee of a reversion for  year and therein the whole court hold that it do second this covenant be  collateral videlicet for the deliver of a possession and it be not break until  after the term determine and therefore the assignee can have any advantage  thereof for he be not farmer when it be break but only tenant at sufferance  and of that opinion be Fenner but all the other three justice contra for there  can be a more apt covenant to run with the land than to leave it sufficient  repair and that be break instant with the determination of the estate  wherefore they resolve for the plaintiff but then a exception be take to the  declaration videlicet that he do not aver that he have the reversion at the  time of the grant but it be allege that a let to the defendant for year and  afterward grant the reversion to the plaintiff to which grant the defendant  attorned and it be hold to he a apparent fault vide Henry pi wherefore for  this cause it be adjudge for the defendant a a dike v Thompson Feb Ann in the  exchequer accord l c b TarkersMSS a say qucere videpost S c croak Elizabeth er  p
case mature against west Forhearance for a time certain be a good  consideration in assumpsit ante cow assumpsit whereas the defendant be indebt  to he in such a sum in consideration that the plaintiff will give to he day of  payment that the defendant assume to pay at the day and allege that he give to  he such a day and that the defendant have not pay the def endant plead non  assumpsit and find against he and nowmoved that this be not a sufficient  consideration for it be at the plaintiff liberty what day he will give so as  he man give the same day wherein the assumpsit be make if he will and so there  be not any benefit to the defendant the court hold it to be well enough for it  be allege that he forbear it for such a time certain wherefore it be adjudge  for the plaintiff
case maw versus harding Julii Eq can ab pl pre Ch S g Ant case the clause in  the statute of distribution which say there shall be no representation among  collateral beyond brother and sister child must be intend that none shall take  by representation but the child of brother and sister to the intestate on the  statute for the better settle of intestates estate the question be on that  clause of the statute that there shall be no representation among collateral  beyond brother and sister child whether to be intend of brother and sister to  the intestate or whether when distribution fall out among brother and sister  though remote relation to the intestate representation shall be admit per cur  No representation but between brother and sister to the intestate vide earl of  Winchelsea v norcliffe vol carter v Crawley sir those raym pet v pet raym pet  case p wms bower v little wood ibidem so the Roman civil law allow no  representation after brother and sister child to the intestate wood Inst  octavo edit
case maw versus harding vern S c I wms the son of a dead uncle not entitle to  a distribution with a live uncle a man die intestate leave a uncle and uncle  son and the only question be whether the son of the decease uncle shall come  in for a distribution with the live uncle by the statute of distribution and  all the court be of opinion that he shall not
case MAXFIELDS case easter term James roll the licence to a papist to travel  must be under the hand and seal of four justice countersign by the lord  lieutenant of the county and show the particular cause ante light Rep cro car  roll Rep more haw p c Bac ab Peter Maxfield be indict that he be a convict  recusant depart above five mile from his abode in Walstood in the county of  Stafford against the statute c the defendant plead that he inform Ralph Snead  Walter Bagnal and two other justice of the peace of the county of Stafford the  say Walter Bagnal be a croak James er p deputy lieutenant there that he have  urgent occasion to go to London about business concern his estate and make  oath before they that it be true whereupon they by write under their seal give  licence to he to go to London or to other place as his business require for  six month by virtue whereof he go and so justify it be thereupon demurrer  first because the statute of James c be that four justice of peace with the  assent of a lieutenant in write or one of the deputy lieutenant of the say  county in write may give licence for it ought to be by four justice beside the  deputy lieutenant and all the court be of that opinion for the statute appoint  precise the number of the justice of peace with the assent of c it ought to be  exact pursue and it be not sufficient that a deputy lieutenant be one of the  four his assent also ought to be by itself without the other four second the  licence be not good because it be not plead to be under their hand and it be  not sufficient to plead it to be under their seal also the licence ought to  show the particular cause of the licence and not in such general manner for  urgent cause wherefore rule be give that if cause be not show judgement shall  be enter for the king
case may against alvares assumpsit to deliver good in six month in  consideration of forbearance be sufficient without allege the forbearance be  for six month or without show what species of good ante post hob cro James  roll ab more bull side strange assumpsit and declare whereas the defendant be  pos ed d to visit good of the plaintiff that the defendant in consideration  the plaintiff will forbear the good promise to deliver they within six month  and allege in facto that he do forbear thein for six month and that the  defendant have not yet deliver they upon non assumpsit plead and find for the  plaintiff it be move in arrest of judgement first that there be not any  consideration for it be that he shall forbear and he croak Elizabeth do not  show for what time which be not any consideration for so he may forbear but  for a quarter of a hour and although it he allege that he forbear for six  month that help not the consideration allege second he do not show what good  they be and so uncertain but the court hold it to he well enough  notwithstanding these exception for as to the first it be a sufficient  consideration that he forbear and he ought to show for what time he forbear it  and when the defendant say that he will deliver they within six month therein  be imply that the other shall forbear they for six month and therefore it be  sufficient show that he forbear they for six month second there need not any  certainty of the good to he show for he be not to recover they in specie but  damage c wherefore it be adjudge for the plaintiff croak Elizabeth er p
case may against horse if a call b bastard both b and his mother may libel a  in the spiritual court b for the express and the mother for the imply slander  a call b bastard b and his mother libel in the spiritual court for defamation  videlicet for call he a bastard and his mother a whore by implication Raymond  for the defendant argue that upon a libel in the spiritual court for these  word thou art a son of a whore and your mother be a bitch a prohibition be  grant because the latter word make the former nonsense a lownds v Herbert roll  Abr cite in the case of Vincent v alpy lev but see Ferguson v Cuthbert stram  Carslake v Mapledoram term Rep a so here for the woman appear to have a  husband but be admit that for call whore without other word a prohibition be  deny for that be mere of spiritual conusance but per curian accord to the case  of Vincent v Apley b lev see Hoskins v lee ante b the mother may in this case  well libel for the scandal by implication and a prohibition be deny
case may against inhabitant hundred de Morley easter term James roll the  county be liable upon hue and cry for a robbery commit after daybreak and  before sunrising   cro Elizabeth Com dig onslow n p hawk p c action upon the  statute de Winton of hue and cry the jury find that the robbery be do post  lucen the same a day birth et ante sun England after daybreak and before  sunrising and upon this the court advice and judgement be give for the  plaintiff and a precedent show in easter term Elizabeth roll where the robbery  be do post setting sun et per Book of Hors lumen England daylight and there  adjudge for the plaintiff croak throw hilary term James in the king bench sir  John Popham Knt chief justice sir Christopher Yelverton Knt sir Edward Fenner  Knt sir David William Knt sir Laurence Tanfield Knt justice sir Edward coke  Knt attorney general sir John Doderidge Knt solicitor general case memorandum  the three day of this term Thomas Coventry be make and swear one of the  justice of the common plea and the same day sir Laurence Tanfield be make and  swear justice of the king bench both be of the Inner temple
case may against MIDDLETON Trinity term Elizabeth roll the plea of cc foreign  attachment pen the bill plead to debt on bind go in bar and not in abatement  ante ld raym salk Mod dougl debt upon a obligation of the defendant plead that  the plaintiff pen the bill bring against he a plaint in London and there by  custom have attach forty pound of a debt due to the defendant in the hand of I  S in satisfaction of forty pound due upon this bind and demand judgement of  the bill and pray it may abate and to this the plaintiff do demurrer for this  amount but to a acceptance of part pendent billa which go in bar and not in  abatement and it be argue by Godfrey for the plaintiff and Altham for the  defendant and all the court except Popham conceive that it be a plea in bar  and not in the abatement of the bill for the plaintiff for this part be to he  bar for ever and this receipt of parcel be a lawful act but if the demandant  enter pen the writ this shall abate the writ for his entry may he unlawful and  Fenner sai f it have been so adjudge in the common plea v vide the book of  entry fol a precedent accord and they adjudge it croak Elizabeth so against  the opinion of Popham because the plaintiff by his own act do falsify his own  writ but it be say a recoveryis by act in law which may help the case  otherwise of a bare acceptance
case may and bannister against street land out of a borough can be hold in  lihero burgagio S c more   light ejection firm it be find by verdict that the  prior of Merton be seize of a house in Southwark hold of the archbishop of  Canterbury as of his borough of croak Elizabeth er p Southwark and Henry  surrender it to the king Henry the eight who grant the say message and diverse  other land in London Middlesex and Essex to I S and his heir to hold of he in  lihero burgagio by fealty for all service and demand and not in capite queen  mary grant the manor and borough of Southwark to the mayor and commonalty of  London and the tenant of the say message die without heir the question be  whether the now queen or the patentee of the borough shall have the escheat  and it be adjudge for the queen for the first patentee of the message hold it  of the queen in socage in capite as of a signiory in gross and the word in  lihero burgagio be mere void for the land out of the borough can be hold in  lihero burgagio and there shall not he several tenor for one tenure be reserve  by the Kingforall and therefore of necessity it shall he a tenure in socage of  the king
case may vers king in b r Indebitatus assumpsit for the use of a chariot for a  year after a verdict the declaration be hold good though it do not aver that  the defendant have the use of the chariot for the year vide above ld raym Mod  SC but not S p this be a action of assumpsit wherein the plaintiff declare  that in consideration that he have deliver to the defendant a chariot and have  agree to permit he to have the use of it for one year the defendant promise to  pay but it be comens er p not allege that the defendant have the use of the  chariot for a year and this after a verdict for the plaintiff be move in  arrest of judgement say non allocatur for after a verdict it shall be intend  that he have the use of it for a year as it appear that the chariot be deliver  to he
case MAYHO against Buckhurst a declaration in covenant for nonpayment of a  annuity must show for what time the sum be in arrear post   hard godb more cro  car salk ld raym vern to Rep the assignee of a term be not liable on a mere  collateral covenant error of a judgement in the king bench in a writ of  covenant bring against he as assignee of one Thomas Mayho for that the lessee  covenant to pay annual during the term of twentyone year twenty shilling to  the churchwarden of saint saviour in Southwark and to repair the house and  leave they well repair at a   b   croak James er p the end of the term and  because the assignee do not pay the rend nor repair the say tenement the  action be bring and judgement be give upon a nothing to say and entire damage  find it be adjudge for the plaintiff croak throw and now error assign because  the assignee be not Chargeable with this covenant of the payment of a annual  sum but it be a more collateral covenant also it be not well assign for it be  not show for what time the sum be arrear and all the justice and baron hold  that this declaration be not good for both cause and therefore the damage be  entire the judgement be reverse
case MAYNAY against collins a new bill may be file by leave of the court when  the old one may have be lose ante post cro car l Plowd debt be bring upon a  obligation Elizabeth and a recovery by nothing to say after the defendant  death a to know facias be bring against the heir and a recovery against he  upon two nihils return the heir die and a new writ of to know facias be bring  against the heir of the heir a and a recovery have against he by default and  now he bring error in the exchequer Chamber and assign the error that there be  not any bill upon the file as in rei in point of fact there be not any but  upon suggestion to the court that it be a ancient judgement the bill may very  well have be embezzle off the file and it be mention in a note by the attorney  book that such a bill be pay for to be put upon the file it be order that a  new bill shall be put upon the file a   light dyer and and will and mary c  croak James er p
case mayor and burgess OF Windsor case a sheriff can be sue for the escape of  a prisoner who be never in his custody post dalt Sher Cowp term Rep a capias  ad to give satisfaction be award to the sheriff of Herks to arrest I S who be  then in custody of the mayor and burgess of Windsor and thereupon the sheriff  award a warrant to the mayor c to take he and afterward they let he escape and  it be hold clear that debt upon the escape lie against they and not against  the sheriff so it be of a bailiff of a franchise
case mayor OF norwich case in case for false return to a mandamus need not  allege they ought to obey it in a action upon the case for a false return to a  mandamus against the mayor and alderman of Norwich it be object that it be not  allege that it belong to they to obey the writ but per curium by their allege  a reason why they can not obey the writ they admit that
case mead against Perkins to charge a attorney with have cozen his client be  actionable cro James term Rep error of a judgement in the common plea in a  action for word where the plaintiff Perkins declare that he be a attorney of  the common plea and of the sheriff court in London and that the defendant  speak these scandalous word of the plaintiff he a saying beforehand the  plaintiff innuendo be a cozener and cozen his client in the sheriff court of  London and be for that cause discharge of that court the defendant plead not  guilty and find against he and judgement and the error assign that the word be  not actionable but the court hold they be scandalous and touch he in his  profession and judgement be affirm
case mead against Thurman by custom tares and green corn on headland for the  purpose of feed cattle of the plough may be exempt from tithe post SC Jones I  roll Abr Leon bunb Mod Lord ray Com dig dougl prohibition be pray upon  suggestion of this custom that for tares cut or mow before they be ripe and  give to ploughcattle tithe ought not to be pay and upon another custom for  headland sow with corn use to be feed with ploughcattle or mow and cut for  that purpose that the owner shall be discharge of tithes And upon this  suggestion ground upon special custom the court grant a prohibition
case MEGGADOW against holt bill of exchange S c show S c holt action be bring  upon a bill of exchange in which the plaintiff declare that the defendant draw  a bill of exchange accord to the custom of merchant on W merchant at Rotterdam  Payable to h within two usance and a half and allege they to be at Rotterdam  two month and a half and allege the custom that if such a bill be protest for  nonpayment the drawer be liable the bill be assign over and allege to be  tender to W and that he do not pay the plaintiff protest and bring his action  against holt and per curian judgement for modern report the plaintiff first  the law of merchant be law a king of Illyria and part of the commonlaw and  therefore we ought to take notice of it when set forth in plead a   light a  the law of merchant in this case be that if he who have such a bill lapse his  time and do not protest or make his request if any accident happen by this  neglect in prejudice to the drawer he have lose his remedy against he but if  such a thing have happen it ought to have come of the other modern report er p  side and not be so we must judge on the declaration it be not necessary to  show the custom of merchant but it be necessary to show how the usance shall  be intend because it vary as place do
case MEGGOTT assignee of commissioner of bankrupt of Watson against mill and  wain a innkeeper may be a bankrupt a commission of bankruptcy may be take out  against a person who have leave off trade on a debt contract while in trade S  c ld ray it be say by holt chief justice and not deny by the court that a  innkeeper can be a bankrupt but that a victualler may a and if a man contract  debt while he be a dealer and afterward leave off his trade and then commit a  act of bankruptcy there none of his creditor become so since the leave off of  his trade can sue out a commission of bankruptcy but if those who be his  creditor before his leave off his trade sue out such a commission the other  creditor may come in and join b in this case there be some disagreement about  the fact it be order to be try again
case MEGGS against Griffith slanderous word report as hearsay be actionable  more gold post action for these word one tell I that he hear say that mistress  Meggs have poison her husband ubir ever anullus dixit and c upon not guilty  plead it be find for the plaintiff and now allege in arrest of judgement that  a action lie not for these word for it be but a report of a hearsay which can  be any discredit but notwithstanding it be adjudge for the plaintiff for it be  a great defamation and be a cause of draw her name and life in examination  wherefore c croak Elizabeth er p
case MELHUISH against CARNESAM judgement quod cap after a relict verify be bad  error to reverse a judgement in debt on a bind for performance of covenant for  that after a relict verificatione the judgement be enter quod to take in hand  and hold nought and judgement reverse a a see the case of Roland v veil Cowp a  this must be understand of case where the cause be remove from the inferior  court by the defendant for if by the plaintiff remove the cause he entitle  himself to full cost it will enable he to elude the statute and become only  the more vexatious Mod notorious facts lev ld ray salk Hullocks law of cost  Tidds law of cost b see Sheldon v Ludgate c b Trin Geo bull n p a sir Edward  coke say that if a defendant deny his own deed and it be find against he or if  he relict verificatione acknowledge the action he shall be fine for his  falsity Beechers case   see also Moreclack v Carleton sand ray Mod accordant  but by car c and Ann c no judgement shall be reverse by enter a to take in  hand instead of a pity c and by will mary c the writ of capias pro fine be  take away in all action of trespass ejectment assault and false imprisonment  and see salk Carth Annallys Rep and Bl Com as to the different mode of enter  judgement in these case in the court of king bench and common plea Mod that  edit notorious facts shower KB er p
case Mellish and de costa vie and revying in affidavit not Allowable a  guardianship may be apply for though no suit spend a testamentary guardianship  not assignable child have a natural right to the care of their mother Lord  Hardwicke in this case lie down the follow rule that vie and revying in  affidavit be entire discountenance in the court of king bench a strong in a  court of equity that there may be a application to the court in the case of a  guardianship of child though there be no cause depend ex part Edward post vol  ex part Birchell post vol Spencer v Chesterfield Amb but see ex part Ricards  post vol with respect to the confirmation of a testamentary guardian that it  be clear in point of law a testamentary guardianship be not assignable atkins  that the child have a natural right to the care of their mother har   Litt b n  and his lordship make a order on Mr de Costa the grandfather who be a  defendant in the cause to deliver the child up to the mother the wife of the  plaintiff atkins er p
case Mellish versus williams eoden die ante case upon a bill of review the  party can assign for error that any of the matter decree be contrary to the  proof in the cause but must show some error appear in the body of the decree  or new matter discover since the decree William in his bill of review assign  for error the subject matter of fourteen exception to the master report which  have be former overrule and the defendant demurrer for that there be no error  appear in the body of the decree the plaintiff counsel insist that these  matter be contrary to the proof in the cause though they be matter of fact  they may be examine in a bill of review upon the proof already take for the  rule of the court be that there must be error appear in the body of the decree  without further examination of matter of fact which imply that if it can be do  without far proof a decree may be reverse for error which may be make out by  proof already take in the cause but that be utter deny by the defendant  counsel and the court for that only error in law Vernon chancery case er p can  be assign or new matter discover since the decree make and that with leave of  the court Vide price v Keite ante Fitton v earl of Macclesfield post sir Simon  fanshaw v hard and for further rule as to bill of review anon p wms and case  in not there vide price v Keite ante Fitton v earl of Macclesfield post sir  Simon fanshaw v hard and for further rule as to bill of review anon p wms and  case in not there
case memorandum in this term Parker chief justice of the court of king bench  be make Lord chancellor and sir John Pratt knight succeed he as chief justice  fortescue baron come down into the court of king bench and be succeed by sir  Francis page knight the king sergeant Northey attorneygeneral be remove from  his office and be succeed by Nicholas Lechmere esquire modern report trinity  term the four of George the first in the king bench sir John Pratt Knt chief  justice sir Littleton powys Knt sir Robert Eyre Knt sir John fortescue aland  Knt justice Nicholas Lechmere Esq attorneygeneral sir William Thompson Knt  solicitor general
case mercer against charter easter term Elizabeth roll queen in what manner a  imperfect special verdict in attaint shall he remedy ante post f n b d   light  a S Bl Com attaint upon a verdict in a assize a special verdict be find which  be imperfect in diverse point and how it shall he remedy be much doubt for  they all resolve he can not have a certificate although a certificate lie in  the first action a new venire facias also lie not because no v venire facias  lie in the action but it be a jury the first day but as they be now advice  they conceive that he shall have a new summons of the juror in the action  Anderson and Heaumond hold that he may discontinue this action and bring a new  attaint but Walmsley and Owen conceive that after a discontinuance by act of  the party he shall not have a new attaint neither by the common Jaw nor at  this day by the Henry c but that he shall he fine and ransom but they all  resolve that after a nonsuit he shall not have a new attaint neither by the  commonlaw nor by the say statute et adjournatur croak Elizabeth er p
case mercer against Southwell in a action on the case quod cum be sufficient  direct and positive but not in trespass way et arms a declaration on a bill of  exchange against the drawer must state that it be tender to the acceptor and  that he refuse to accept it case on the custom of merchant against the drawer  of a bill of exchange demurrer to the declaration first it be with a quod cum  which be argumentative and no direct averment say non allocatur because it be  a action on the case but it will be otherwise if it have be trespass way et  arms a second because it say only that the party to who it be direct do not  accept it but do not say that it be show or tender to he and as to this  exception it be hold nought for else it will be in the plaintiff power to  charge the drawer when perhaps the person on who c be ready to pay the money  accord to the tenor of the bill if it have be tender to he although the custom  be lie to be among merchant thus that if not accept it shall charge the drawer  b judgement for the defendant
case Meredith against allen Hilary term will mary roll in debt on bind  condition to pay if a ship return before such a day if the defendant plead  that it do not return before the day a replication that it do return be good  without say that he do not pay SC salk SC Carth SC holt debt on a bind the  defendant crave oyer of the condition and it be a bottomry bind the defendant  plead that the ship be lose the plaintiff reply it be not lose et hoc petit  quod to seek after per native land the defendant demurrer and show for cause  that no breach be assign in the replication and I argue that it be ill for  that the condition be to pay money and now shower KB upon oyer the condition  be become part of the declaration and then upon the plaintiff declaration  there be no cause of action without breach of the condition in the replication  and I agree that after verdict it may be help for then it shall be intend the  money be not pay but here it be upon demurrer I cite the case of Hayman v  Gerrald mich car in this court in sander and side but dolbin justice say that  judgement be disapprove at that time and it be not law and sander answer it in  his report of it and holt chief justice say the true difference be where the  matter plead admit and suppose a nonperformance there be no need to allege a  breach and so judgement be give for the plaintiff the time when the bail to  which the bill relate be file side lev t Jones but the better and more usual  way be to file a new bill and to amend by it stram will Tidds practice dougl  pugh v Robinson term Rep a see the case of bisse v Harcourt Carth pope v  Redferne burr lie v rod brown Cas in par and Tardley v roe term Rep accordant  shower KB er p
case Meredith against joan easter term car roll see orme case lr c p Savill  brother limit v bethell Ch a limitation in the habendum of a deed to the use  of the grantee and the heir of their body be a estate tail ante Jones   cro  James   light     roll ab Bulst Com Rep error of a judgement in flintshire the  error be assign in point of law videlicet that judgement be give there upon a  croak car special verdict for the plaintiff where it a cro James to b cro  James c cro James croak car er p ought to have be for the defendant the case  be land be give to husband and wife habendum to husband and wife to the use of  they and the heir of their body the question there be whether it be a estate  for life only or a estate tail and it be adjudge to be a estate tail Littleton  recorder of London now argue for the plaintiff in the writ of error and  calthrop for the defendant and all the court absent Richardson hold that the  judgement ought to be affirm for they conceive that this limitation in the  habendum to the use of the grantee and the heir of their body be as a  limitation of the land itself be all to one person and be as if it have be say  habendum to they and to the heir of their body and not like to the case  Elizabeth dyer for true it be when the estate be limit to one or two to the  use of other and their heir the first estate be not enlarge by this  implication and the use can pass a great estate but here when the grant and  habendum convey the estate and the limitation of the use be to the same person  that show the intent of the party and be a good limitation of the estate for  it be not a use divide from the estate as where it be limit to a stranger but  the use and estate go together wherefore it be all one as if the limitation  have be to they and the heir of their body and Jones say that he know many  conveyance have be make in this manner and twice bring in question and adjudge  to be a estate tail whereupon judgement be affirm
case Meredith versus jones June in court Lord chancellor Eq can ab pl S c a in  consideration of a portion article to settle a jointure and die before the  portion pay or settlement make the wife take administration and so become  entitle to the money and then bring a bill against the heir of the husband to  have her jointure settle bill dismiss for that she be not entitle to the money  and the jointure too but qure by article on the marriage of the plaintiff the  plaintiff father be to pay as a portion with his daughter and the intend  husband in consideration thereof be to make a settlement the marriage be have  but before the money be pay or settlement make the plaintiff husband die  intestate and she take out administration and thereby become entitle to the  pound and now bring her bill against the heir of her husband for to have her  jointure accord to the marriage article per cur the plaintiff shall not have  the money as administratrix and also the jointure too which be agree to be  make in consideration of the money and in expectation that the husband shall  have receive it and therefore dismiss the bill with cost No case appear to be  state in the register book but simple that the bill be dismiss with cost to be  tax by the master Reg lib b fol vide Jason v Jervis ante say de hoc qure for  she be entitle to these two demand in distinct capacity and the debt may  appear hereafter to exhaust the asset and in case the husband have actual  receive the portion and it have be in Vernon chancery case his possession she  will have have it as his administratrix so where upon covenant on sale of land  that vendee shall enjoy or money pay be refund and vendee afterward evict by a  who claim the land by virtue of a former settlement vendee make a his  executrix and die and a decree the land and money due to vendee on the  covenant too she claim the one under the settlement and the other as executrix  Jason v Jarvis all ante p
case merril against Josselyn in debt on bind Payable that march if the  defendant plead to loosen ante diem and the plaintiff take issue instead of  demurrer the plaintiff can have judgement S c cite Mod Writ of error out of  the court of common plea the action be debt upon a bind condition for payment  of money upon the twentyfifth of march the defendant plead payment upon the  twenty of march the plaintiff reply that be do not pay it upon the twenty of  march upon this issue be join a verdict give for the plaintiff judgement enter  accord and a writ of error bring if the verdict have be find for the defendant  and judgement give accord all have be right for modern report payment upon the  twenty be payment upon the twentyfirst and so on but now the verdict be find  for the plaintiff the issue be immaterial for nonpayment upon the twenty can  be no evidence of nonpayment upon the twentyfifth for it may be pay in the  mean time a see cro James cro Elizabeth and the case of mason v price Hilary  term whether a Parker chief justice it be hard that the defendant shall take  advantage of his own immaterial plead but we can help it the case of hill v  Hanby in the court of common plea be a case in point the judgement be reverse  c see the statute whether c S bull n p stram burr Bl Rep c
case MERYLL against robin Trinity term or Elizabeth roll judgement in seize  reverse because the sheriff have omit to endorse the name of the veyors SC  more   error of a judgement give in a writ of entry upon seize the error  assign be because the sheriff return not the name of the summoner or veyors  and hold for this cause to he error for if there he no summons make the party  can have a writ of deceit et non constat de think over against who he shall  have it wherefore it be reverse
case MERYWEATHER against stanton Michaelmas term pound Elizabeth roll avowry  for a rentcharge by devise ought to show the seize in socage Sed vide car c  Com dig replevin the defendant avow for a rentcharge devise to he and do not  allege the land to he hold in socage and therefore adjudge to he ill and it be  say that so it be adjudge in Previlian`s case in this court a
case Metcalf against wood a writ of error will not lie upon a judgement quod  to sum up in a action of account ante   light b   a a roll ab Bulst error of a  judgement in account after the first judgement quod to sum up and before the  second judgement the question be whether a writ of error lie before the second  judgement and it be resolve that in this case it lie not for the first  judgement be no other than a award and no final judgement until he have  account before auditor and the death of any of the party before the second  judgement shall abate the writ and the plaintiff may be nonsuit before the  second judgement and this first judgement do not determine croak throw the  original and a writ of error lie not except in special case where the original  be not determine but coke say that he have see a precedent in the Henry where  a exigent be award in a appeal a writ of error be bring maintenance for he by  the exigent award in case of felony forfeit all his good maintenance wherefore  forasmuch as he be at present loss and prejudice he shall have a writ of error  present
case Metcalfe against dean a venire facias de to make new award because one of  the witness have recite his evidence to the jury after they be charge to  consider of their verdict post Ro more   light b palm hale comb keb keb barn  salk Mod I vent stram term Rep I Freem Jones the jury be go from the bar to  confer of their verdict one of the witness that be before swear on the part of  dean be call by the juror and he recite again his evidence to they and after  they give their verdict for dean complaint be make to the judge of the assize  of this misdemeanour he examine the inquest who confess all the matter and  that the evidence be the same in effect that be give before non alian nec to  visit this matter be return upon the postea the opinion of the court be that  the verdict be not good and a venire facias de to make new be award vide Henry  examination Henry pl and Brownlow cite a precedent Leming v kempe accord croak  Elizabeth er p croak Elizabeth michaelmas term and Elizabeth in the queen  hench sir Christopher Wray Knt chief justice sir Francis gawdy Knt John Clench  Esq Edward Fenner Esq justice sir John Popham Knt attorneygeneral sir Thomas  Egerton Knt solicitor general
case Meynell versus Howard ante post Eq Abr c note S C case tempt Talbot heir  of the mortgagor shall have the personal estate apply in the first place to  pay off the mortgage money though no covenant in the mortgage deed for payment  of it though the personal estate be devise away by the mortgagor to his  relation because it be a debt a man make a mortgage redeemable upon payment of  money but there be no covenant for payment of the money in the deed then the  mortgagor make his will and devise his personal estate among his relation and  the question be whether the money on this mortgage be such a debt as that the  personal estate shall be apply towards the discharge of it it be say that sir  Edward more have make such a mortgage and afterward raise a term in other land  for payment of his debt and the mortgage money be hold to be a debt Payable  out of that trust cur so it be here and the personal estate must discharge it  precedent in chancery de boundary S mich in curian porter
case Michael against SCOCKWITH a bind cancel after issue join may he give in  evidence as the defendant deed   b debt upon a obligation the issue be non be  factum the ury find that the def endant do seal and deliver it as his deed but  that after the day of the issue join the seal be pull off from the obligation  and the plaintiff have judgement for it be the defendant deed at the time when  the issue be join and the trial shall relate to it although the deed be cancel  afterward vide Henry
case Michael against Waldron a misprision of the clerk in a writ of inquiry in  common plea may be amend in the king bench and the court will order the roll  to be bring in ante Writ of error of a judgement in the court of common plea  the error assign be that the award of the writ of inquiry be therefore  teaching be vic London quod to seek after in the singular number and so all  along in the singular number the question be whether this be amendable in this  court so as to save the defendant the cost which he must pay upon a amendment  in the common plea and the case of lewson v Redleston cro Elizabeth a and  wolley v Moseley cro Elizabeth b be quote for such amendment here the case in  Ventris vent see also walker v riches cro Elizabeth and rea v gwynn hob c be  allow by the court but the court seem to incline that they can not amend this  be the award of the court but will consider and in Hilary term the court say  it be only a mistake of the clerk for the court of Westminster do take notice  that there be two sheriff in London but because the court can amend without  have something to amend by holt modern er p chief justice order the officer of  the court of common plea to attend with the roll in order to make the  amendment
case michel against WOODROFF Hilary term Elizabeth roll if one of the judge of  a inferior court he on the jury the judgement be erroneous error of a  judgement in lynnregis the error assign be because the court be hold before I  S mayor and John Harvard and two other capital burgess and the party be at  issue it be try by verdict and find for the plaintiff and this John Harvard  who be one of the judge be one of the juror also the defendant plead in nullo  be erralum and all the court absentee Popham hold it to he erroneous be  confess by plead in nullo be erratum to he one and the same person wherefore  by the assent of the defendant in the writ of error it be reverse for this  cause a ante b in easter term Elizabeth a action be bring by Walter Rippon  upon this promise and adjudge for the plaintiff post a see term Rep term rep  as to a court of error award a venire de to make new by Ann c and Geo c the  necessity of summon hundredors be abolish the jury be now to come de corpore  comitatus croak Elizabeth er p
case Micklethwaite V Calverle and baker December where the testator have plead  to a bill and die before the plea be argue the executor may plead de to make  new for the first can be argue now the plaintiff file his bill in this cause  to which the defendant baker plead and before the plea come on to be argue the  defendant die the plaintiff revive and now the same plea come to be argue but  the Lord chancellor be of opinion that it can not be argue but that the  defendant representative must plead de to make new N B the reason seem to be  because the representative may have a plea to defend he without deny the merit  for if a executor or administrator can true plead plene to manage upon a to  know facias at law which must always issue in such case the execution can only  be de good testator when to fall upon but the answer of the testator in a  court of equity will bind the executor who have asset case tempt Talbot er p
case MIDDLEMORE against Goodale refer to David v Sabin Ch if a man covenant  with another his heir and assign to make further assurance it run with the  land and the assignee shall have benefit of it roll ab Com dig term Rep in  covenant by a assignee the defendant may plead a release from the covenantee  for a breach in the time of the assignee but not if the release be give after  the action bring covenant whereas the defendant by indenture feoff I S of such  land and covenant for himself and his heir with the feoff his heir and assign  to make further assurance upon request which land I S convey to the plaintiff  who bring this action because the defendant do not levy a fine upon the  plaintiff request c ante d see hall ms note   light a where it be say to have  be adjudge in this case that a lease by a dean of b and his chapter not  warrant be void immediate against a himself because the corporation be  aggregate a by car c the valour maritagii be take away croak car er p the  defendant plead release from the say I S with who the first covenant be make  and it be date after the commencement of this suit and thereupon the plaintiff  demurrer and all the court agree that the covenant go with the land and that  the assignee at the commonlaw or at leastwise by the statute shall have the  benefit thereof second they hold that although the breach be in the time of  the assignee vet if the release have be by the covenantee who be a party to  the deed and from who the plaintiff derive before any breach or before the  suit commence it have be a good bar to the assignee from bring this writ of  covenant but the breach of the covenant be in the time of the assignee for not  levy a fine and the action bring by he and so attach in his person the  covenantee can release this action wherein the assignee be interest whereupon  rule be give that judgement shall be enter for the plaintiff unless cause be  show to the contrary by such a day a
case MIDDLEMORE against Goodale vide ante page if land be convey with a  covenant of further assurance and afterward assign to husband and wife they  must both join in a action on the covenant ante S C Jones Com dig roll Abr cro  James Bulst dougl term Rep bear for the defendant move this case again and be  take exception to the declaration that it be not good because he bring the  action as assignee of assignee of the covenantee and show that the conveyance  be make to the plaintiff and Frances his wife and to the heir of the husband  and he bring the action sole without name his wife who be yet alive so it be  not good for he ought to have join his wife with he in the action and all the  Court absente Brampston be of that opinion whereupon judgement be give for the  defendant quod to express grief nothing to take in hand per billam croak car  er p
case MIDDLETON against haw Hilary term whether roll variance to know facias  upon a judgement in a action on the case and plead execution by become facias  by judgement pro debt is owed et financial loss which be different judgement  for the plaintiff
case MIDDLETON against hill a judgement confess shall not he avoid by plead to  a to know facias that it be obtain by usury I side strange b r h Cowp dougl  Scirefacios upon a judgement of the defendant plead that he borrow of the  plaintiff l and contract to give unto he for the loan for a year and for the  payment of that the plaintiff will have the defendant to confess that  judgement and plead the statute of usury to avoid it Godfrey move that it be  not any plea for the statute of Elizabeth c saint a be all bind contract and  assurance collateral c shall he void but here this judgement can be term a  assurance nor he avoid by such a surmise and the whole court be of that  opinion that judgement shall not he avoid upon such surmise for if there have  be any such matter the defendant may have plead it upon the action bring and  not have suffer a judgement and although it may be a practice to avoid the  statute yet it shall rather he tolerate than to avoid judgement upon such  suggestion wherefore judgement be command to he enter by nothing to say  because the court upon a former motion have give he day for the amendment of  his plea and he have not alter nor amend it for as he affirm it be his matter  and he can not plead otherwise a see Ann c croak Elizabeth er p
case MIDDLETON against trot Hilary term Elizabeth roll a declaration for  stocking or for any other manufacture article need not show of what kind they  be say aliter for a thing never convert out of its kind   b vent vent error of  a judgement in the common plea in debt the error assign be for that the  plaintiff declare that he sell twelve dozen of stocking for such a sum and a  Ant croak Elizabeth er p show not what stuff the stocking be videlicet silk  woollen c as where one bring debt suppose that he sell forty quarter grain or  forty ards of cloth and show not of what kind it be not good but gawdy and  Fenner hold it to he well enough and yet agree to the case before for when a  contract be make for a thing which never be convert out of its nature he ought  to show of what nature it be but when it be for a thing convert out of its  kina it be otherwise as if a action he bring upon a contract for so many loaf  of bread he need not show of what corn they be make so of a action for the  take of shoe and therefore cceteris send away the judgement be affirm
case MIDDLETON against week if a submission be so that the award c it be  sufficient if it contain all matter notify though there be other matter  between the party not notice post   a cro car   b roll ab cro Elizabeth Lutt  lev salk Mod sand debt upon a obligation the condition be to stand to the  arbitrament of I S and I d of all matter and controversy between they so that  the same award be make of the premise before such a day c the defendant plead  no one to make arbitration of the premise the plaintiff show a award the  defendant say that such other thing be in controversy whereof they have not  make alley award it be thereupon demurrer because it be not show that the  arbitrator have notice of such thing in controversy for it suffice if the  arbitrator make a award of such matter whereof they be inform coke the  submission be of all matter with a ita quod it be make of the premise there it  ought to be make of all thing whereof they have notice or information give  they otherwise it be not good but if it be without such a clause of ita quod c  if they make a award of two matter and do not speak of the residue although  they have notice of they it be well enough but if there be a submission of  three thing or more particular with a general clause of all other matter there  they ought to make the arbitrament of those which be particular name without  other notice for of they they have notice that they be in controversy by the  submission but of the other matter they shall not take notice unless by  information from the party and it be like to the case where commissioner of  bankrupt make sale for the benefit of the creditor it suffice if it mention  those who complain and this difference have be oftentimes adjudge and to that  opinion the other justice incline but they will advice vide Henry pl Henry pl  Henry pl pl Elizabeth dyer
case MIDDLETON and other against whitehead assumpsit by assignee the promise  must be allege to the bankrupt Indebitatus assumpsit bring by the assignee of  the commissioner of bankrupt of one legate for money receive to the plaintiff  use on the trial it be hold that the declaration ought to have be special it  have be receive to the bankrupt use
case middleton case Trinity term James roll in outlawry against several the  entry must be nec the dawn some to be evident roll ab roll Rep cro Elizabeth  Mod Bac ab the return to the exigent must be by the coroner c palm Bac Abr  outlawry against woman must be quod waiviatae to step out error by Middleton  and other to reverse a outlawry the first error assign be because the capias  be award against five namely against three man and two woman and so be the  exigent the return be quod ad four county c non croak James er p comparueru  and he do not say nec in person some to be evident and this be hold to be a  manifest error the second error because the exigent be return therefore per  judgment crowner utlagati are and he do not show that there be any coroner or  his name but the court doubt thereof for all the exigent in London be so  return where the mayor be coroner the three error because it be return  utlagati to step out where for the woman it ought to have be waiviatae  existunt Wherefore the outlawry be reverse
case MIDGLEYS against lovelace assignee of a reversion may bring covenant for  arrear of rend due before be grant the reversion over S c Carth S c holt  assignee of a reversion and assignee of a term the assignee of the reversion  grant over his reversion and afterward bring covenant against the assignee of  the term for rend arrear before the grant of the reversion and on demurrer  totan curian if at commonlaw the assignee of a reversion have grant it over  yet he may afterward have a modern report action of debt for rend though he  can not distrain or have waste because his power over the land be determine it  be true where a man seize of a rend in fee grant it over there he have no  remedy for the arrear because the distress which be his only one be go by the  assignment but where rend be reserve upon a lease for year it be otherwise  because debt lie on the contract and here the assignee shall have it as a  fruit fall from the reversion judgement for the plaintiff
case Milborne against DASHBURNE when rend shall commence from the time of  possession   b Brownl sand sand vent I sand ld raym salk trespass the case be  a reversion upon a lease for life be grant for life m post death bf the tenant  for life to fall upon the question be if this shall refer to the commencement  of the future time as to the estate or to have the land in possession and it  be rule it shall not refer to the commencement of the estate but to the have  the land in possession Elizabeth dyer Edward executor
case MILDWARD et some a indictment for a forcible entry be have if it abate  the word manu strong post cro car bull hawk burr a indictment upon the Henry c  against they be discharge for the statute be recite that if any he of his land  and tenement expulse or seize or he hold out with force and say not manu  strong for the word be manu strong expulse or seize second the statute be  recite that the party grieve may have his recovery per assisam nov assist  whereas it be to he disseizince and the party have restitution notam the  record of the indictment be remove in Michaelmas term last
case mile against Etteridge a licence to enclose common may be plead as a  release of common trespass for throw down of fence the defendant justify in  right of have common the plaintiff reply that the defendant father under who  he claim do give licence for to make and continue the enclosure to he and his  heir and issue shower KB join thereon utrum licentiavit modus et form and  verdict for the plaintiff Thompson sergeant move in arrest of judgement that  this be a immaterial issue per curian it be ill by way of licence but it be  good by way of release of common but a licence be determine by his death a  release of common in one acre be a extinguishment a of the whole common stay  until it shall be move on the part of the plaintiff et cur advisare vult
case mile against Willoughby if executor by Henry c avow for rend in fee due  to their testator they must show the land in the seize of the tenant or in  those who claim under he ante Perk Jones   light   ld raym replevin the case  be one have a reversion in fee expectant upon a estate for life devise a rend  of to one for life the tenant in fee die and after seven year incur the  devisee make his executor and die the executor distrain and avow for that rend  and it be thereupon demurrer in law because he do not aver that the land  remain in the seize of the tenant who ought to pay it or in the hand of some  other who claim by he by purchase or descent accord to the statute of Henry c  and Anderson and Walmsley hold it to be a material exception for he ought to  have pursue the word of the statute which give he the remedy although he need  not show how he be seize for that will he mischievous unto he be a stranger  who can know it but it suffice to show it general accord to the word of the  statute Walmsley say there be another exception because he do not aver that  the arrearage incur after the death of the tenant for life for if he in  reversion upon a estate for life grant a rentcharge it shall not begin until  after the death of the tenant for life and although arrearage incur in the  life of the tenant for life they be not due quod Anderson to go away but in  the principal case because it appear upon view of the record that it be lie  that the heir of the devisee be seize in fee et thus far seisitus step forth  it be hold good enough wherefore it be adjudge for the avowant see Geo c S a  this case be move again in easter term and all the court be unanimous of  opinion that the verdict be with the plaintiff post croak Elizabeth er p
case mill against astel on a covenant to find meat and other necessary a  breach assign general in the word of the covenant other necessary without  specify they be bad ante lev skin hard lev salk say vide Carth and ld raym  contra sand stram will dougl Cowp error of a judgement in Northampton in a  writ of covenant the error assign be that the declaration there be ill because  he declare of a covenant whereby the defendant covenant to find the plaintiff  with meat drink apparel and other necessary and do not show in particular what  other thing be necessary and the breach be assign as general as the covenant  videlicet that he do not find he with meat drink apparel and other necessary  and do not show in particular what other thing be necessary so as the court  may adjudge whether it be necessary or not and for that cause all the court  hold that the declaration be ill and the judgement there be give by nothing to  say and entire damage assess the judgement be reverse
case mill against mill a action on the case in the nature of a conspiracy will  lie against one defendant only f n b Carth roll ab cro James Mod Str will Mod  hawk p c c S term Rep action on the case in the nature of a conspiracy whereas  the defendant with I S falsely et wickedly conspire to procure he to be indict  of such a felony that the defendant falsely et wickedly such a day procure he  to be indict whereby he wag much vex c after verdict in arrest of judgement  Littleton move that this action lie not because he do not sue the other as  well as the defendant for conspiracy ought to be against two say non allocatur  for a action upon the case may well be against one of they whereupon it be  adjudge for the plaintiff
case mill against mill on a contract to pay a sum of money at different  instalment a assumpsit will lie on nonpayment of the first instalment and  damage be no bar to a second action but it be otherwise in debt say vide will  dyer   light b Owen more bendl   b I roll ab cro Elizabeth Leon light Rep post  andr Com dig Bac ab assumpsit for that the defendant in consideration of  marriage promise to the plaintiff twenty pound to be pay in manner and form  follow videlicet ten pound at Michaelmas and ten pound residue at Michaelmas  and for the nonpayment of the first ten pound he bring the action the  defendant plead non assumpsit and find against he to his damage twenty pound  and cost two pound thirteen shilling and fourpence and it be move by Mr  Grimston in arrest of judgement first that the action lie not till after  Michaelmas and compare it to a action of debt ground upon a single bill for  ten pound to be pay videlicet five pound at our ladyday and five pound at  Michaelmas debt lie not until the last day second here be damage give for the  last day which be not yet come but Jones Whitlock and myself Richardson chief  justice be absent agree that the action well lie before the last day be a  action upon promise or covenant for the breach be immediate for the first ten  pound not be pay at the day and for this breach the action well lie but we  hold it to be otherwise in debt the contract or bill be entire second we agree  that the damage of twenty pound shall be intend give for the first ten pound  and that he shall have so much damage for nonpayment thereof only without any  respect to the ten pound which be not yet due a whereupon it be adjudge for  the plaintiff
case mill against sherfield Trinity term James roll a bind shall be intend for  performance of covenant unless it be aver to be for debt vide contra ante Com  dig debt against a executor upon a obligation the defendant plead a statute  acknowledge by the testator of three thousand pound not discharge but do not  say that it be pro yes et justice debt is owed the plaintiff thereupon  demurrer and it be agree by all that if it be a statute for performance of  covenant and they be not allege to be break it be no bar and it shall be  intend that it be so if the contrary be not show et adjournatur
case mill against snowball a juror challenge and withdraw may he afterward  swear livery for part may be good for the whole ante   light a wood Com a  limitation ante post entry sur seize the party be at issue old woman the jury  at the bar one of the juror be challenge by the demandant and also by the  tenant and thereupon he be withdraw afterward because there be not juror  sufficient it be pray that he may he swear and by the assent of both party he  be swear by order of court upon evidence it be hold that if a feoff he make of  diverse land and of a house in which the feoff do dwell and deliver the feoff  in the house and speak nothing of the land yet it be good of all for they have  a intent to give and take livery this be a good feoff for they assemble there  for that purpose it be hold that where one devise land to his wife for life  remainder to his son and heir and if he die before his age of twentyone year  that then it shall remain to I S in fee and die the son levie a fine and die  before twentyone year I S shall have the land after the death of the wife for  it be a plain limitation
case mill against wood Trinity term Elizabeth roll whoever be bind to make a  assurance it be incumbent on he to do the first act ante post more Mod   b Mod  lev wood con dougl hearing complaint the case be that EdwardMills and Thomas  be oblige in the statute of to wood the defeasance be that if Edward mill and  his wife before the first of may next follow shall make such good assurance of  a house to wood with such covenant which he shall accept and signify under his  band to he reasonable or shall pay unto he upon the first of August ensue that  then the statute shall he void and he surmise that he and his feme be always  ready to have make the assurance and that wood the conusee have not signify  what assurance he will accept nor require any and yet have sue execution c and  it be thereupon demurrer and after argument adjudge for the defendant for he  be not bind to devise any assurance or estate but it be at his election to  accept a estate tender or the money and there can be a acceptance but where  there be a tender on the other party and therefore the conusor ought to have  devise the estate and to have procure the conusee to accept thereof otherwise  he ought to pay the money wherefore it be adjudge accord
case mill versus DARREL all mark one die intestate leave young child and  indebt by mortgage with a covenant for payment of the mortgagemoney whether  the mortgagee shall be permit to exhaust all the personal estate by the  covenant and leave the young child destitute the case be that the father die  intestate leave young child unprovide for be indebt by mortgage with a  covenant for payment of the money and have enter into a recognizance as a far  security the mortgagee by virtue of the recognizance come upon the personal  estate for satisfaction of his debt so that there be nothing leave for the  young child Vernon chancery case the question be whether the young child who  be plaintiff against the heir and the mortgagee shall have a recompense for  their share of the father personal estate exhaust in payment of the debt  secure by mortgage out of the mortgage land for the plaintiff it be insist  that the statute for settle intestates estate have make a will for those that  die intestate and they have the same right to their respective share as if  such share have be respective devise to they now when the personal estate be  devise away it shall not be apply in exoneration of the real estate and though  the heir and mortgagee shall agree to charge the debt on the personal estate  yet the legatee shall be reprised out of the real estate cur advisare vult  there have be a decree by which the debt be direct to be charge on the real  estate and not on the personal estate and this come on for rehear that march  Reg lib b fol when it stand over for a case to be make but no further entry  appear the right as between heir and personal representative be pure legal  right per Lord Loughborough chancellor walker v den Ves jun so Flanagan v  Flanagan before Lord Camden there cite as to marshal in such a case in favour  of a legatee vide Lutkins v leigh Forr forester v Lord leigh Amb Vernon  chancery case er p
case miller against EASTCROWE defendant may wage his law in debt upon a real  contract debt for money upon sale of land in which the defendant tender his  law Gawdy hold that he shall not he admit thereto for it be a real contract  but all the other justice contra whereupon it be rule that he shall make his  law c vide Henry pl Edward pl Edward pl Edward pl Henry title lie
case miller case to charge a woman with have have the pox be actionable hob  roll ab Com dig d l ld ray stram action upon the case by miller and his wife  for these word speak against his wife mrs miller be a whore and have have the  pox and have hole one may turn his finger in they Mr ring the apothecary give  her drink for it and therefore take heed how you drink with her it be move  that the word wear not actionable and Jeaneys case a and lamb case b be cite  in proof thereof but all the court hold that the action well lie and cite  tailor v bank to be adjudge accord thou art a leprous knave c and Davis v  tailor he be rot with the pox d and Backsters case thou waste lie of the pox e
case milner versus mill e contra in court Lord chancellor land contract for go  to the heir or devisee of the purchaser and the money must be pay by his  representative post case Nels Fol Rep in cane vern Chan Cas Swinb part sect n  Nels vo Rep in cane the original bill be exhibit by the administrator of Mr  brown against his heir at law for a account of the personal estate of the  intestate which he have take possession of and the heir file a cross bill  against the administrator to pay the purchase money for certain land which Mr  brown have article for the purchase of in his lifetime out of his personal  estate it be a settle rule in chancery that if a person contract for the  purchase of land they shall be consider as real estate and descend to his heir  or he may devise they by will and his representative shall pay the purchase  money out of asset and the Lord chancellor decree accord in this case
case Milward against clerk a promise to the plaintiff to pay l in  consideration of be discharge from the custody of the sheriff be not void by  Henry c   b salk Cowper term Rep in point t Rep ante post assumpsit and  declare that whereas the defendant be arrest at his suit upon process the  defendant in consideration that he shall he permit to go at large and that the  plaintiff will give his warrant to the bailiff who arrest he to suffer he to  go at large that he will appear at the day of the return of the process or  will give he ten pound and allege in facto that he consent that he shall he  permit to go at large and give warrant to the bailiff and c and that he do not  appear at the day for which he bring action for the ten pound upon non  assumpsit it be find for the plaintiff Godfrey move in arrest of judgement  that this be a void assumpsit against the Henry c for it be to suffer he to go  at large contrary to that statute gawdy and Clench justice it be a good  assumpsit be make to the party who have authority to dispense with his  appearance but if the promise have be make to the sheriff or to any other to  his use it have been within the equity of the statute Fenner doubt but  afterward judgement be command to he enter if other matter he not show
case Milward against ignorant to a action on the case upon a quantum to  deserve and a inddbitalus assumpsit the defendant may plead accuse  compulassent and that in consideration of pay the value the plaintiff promise  to discharge he of all demand S C Mod S C Freem S C sayer post raym Jones cro  James cro car Leon side lev ray Mod fitzg comens ld ray Com dig assumpsit g  the plaintiff declare in a action on the case upon a quantum to deserve for  forty shilling and upon a indebitatus assumpsit for forty shilling likewise  the defendant acknowledge the promise but further say that the plaintiff and  be account together for diverse sum of money and that upon the foot of the  account the defendant be find to be indebt to the plaintiff in three shilling  and that the plaintiff in consideration that the defendant promise to pay he  those three shilling discharge he of all demand the plaintiff demurrer the  court give judgement against modern the demurrer first they hold that if two  man be mutual indebt to each other do account together and the one be find in  arrear so much and there be a express agreement to pay the sum find to be in  arrear and each to stand discharge of all other demand that this be a good  discharge in law and the party can resort to the original contract but north  chief justice say if there be but one debt betwixt they enter into a account  for that will not determine the contract second they hold also that any  promise may well be discharge by parole but not after it be break for then it  be a debt
case mingay against Hammond a barrister who accept a retainer be bind to give  his counsel but not to sign the plead in the cause of his client Edward pl  Henry pl Edward pl Edward pl Edward pl Edward pl roll ab Jones Bl Com annuity  pro council impendend bring by mingay a bencher of the Inner temple against  Hammond and demand six pound be the arrear for three year the defendant plead  in bar that he have diverse injury offer he c for which he intend to exhibit a  bill in the starchamber and that a bill be draw accord which he bring to  mingay and entreat he to put his hand to it and he refuse whereupon he cease  his annuity suppose that by this denial the annuity be determine upon this  plea the plaintiff demurrer the whole court be of opinion without argument  that it be a ill plea because a counsellor who have such a fee be not bind to  put his hand to every bill but only to give counsel and day be give to show  cause why judgement shall not be give for the plaintiff
case MINSHULL versus lord Mohun S c in h l bro p c Eq can ab pl S c upon a  bill in nature of a bill of revivor against a devisee the devisee can dispute  the justice or validity of the decree for then a devisee will be in a better  case than a heir the defendant the Lord Mohun claim the estate of sir Edward  Fitton as devisee of the Lord Macclesfield against who sir Edward have obtain  a decree for a account of profit and a partition of a seven part of a three  part as be one of the seven coheir the will be void as to a three part of the  land which be hold in capite the bill be a original bill in the nature of a  bill of revivor the question be whether the defendant shall be at liberty to  enter into the merit of the cause and question the justice of the decree and  hold that he shall not for have it be a bill of revivor the heir can not have  be hear and no reason that a devisee shall be in a better condition than the  heir hres born be rather to be favour than hres factus Reg lib b fol note no  counsel appear for Lord Mohun who have be duly serve with process to hear  judgement and so it be hold by the Lord chancellor Cowper in the case of Clare  and Wordell April ante p et vide the case cite in not there Vernon chancery  case de term S michaelis in curian porter
case MINUEL versus SARAZINE at the roll a legacy less than the debt shall not  go in part satisfaction salk Cas vern salk Cas Ant Cas the testator be indebt  to the plaintiff pound and bequeathe he a legacy of pound this be less than  the debt shall not go in part satisfaction Nels vo Rep in canc mosely report  Tuesday February the that
case mire against YELLOP attachment can be grant for a rescous before the  sheriff have return the writ a attachment be grant upon affidavit make against  the defendant for a rescous and this be before the sheriff have return his  writ which be contrary to the old practice in such case it be set aside
case mitchell versus eades vern S c otherwise state it be there say to be a  assignment vern Eq Abr S c one be indebt to b make a letter of attorney to he  to receive all such wage as shall after become due to he then go to sea and  die this authority be determine so that he can compel a account of wage if any  due at make the letter of attorney much less of what after become due but the  administrator must pay accord to the course of law a sea captain be out of  service make a letter of attorney irrevocable to the plaintiff to receive all  such wage and pay as shall after become due to he then he go into service and  die there be at the time of his death wage due to he the defendant as  principal creditor take out administration to he and the plaintiff who be a  creditor likewise bring this bill to have a account and payment of the wage  and likewise to have a satisfaction for his debt the master of the roll be of  opinion that though there have be wage due precedent in chancery er p at make  of the letter of attorney yet he can not have decree the wage to the plaintiff  against the rest of the creditor much less as this case be therefore decree  the party to go to a account and the defendant to pay accord to the course of  law but dismiss the bill as to the demand of wage
case mitchell versus kid master of the roll Eq can ab pl pre Ch S c a seaman  assign his wage to I S as a security for a debt he owe to I S and die  intestate it be insist that this be only a agreement in nature of a letter of  attorney and determine by the seaman death and that there be bonddebt decree I  S shall be pay in course of administration the plaintiff be a assignee of the  wage due to a seaman the defendant be his administrator and insist the  agreement be but in the nature of a letter of attorney and consequent revoke  by the death of the intestate and there be bonddebt the intestate estate ought  to be apply in a course of administration and that the debt owe to the  plaintiff for secure or satisfaction whereof the assignment be make be only a  simple contract debt the court decree a account of asset and the plaintiff to  be pay in a course of administration say vide crouch v Martin post be adjudge  that the assignment of seaman wage specifical bind the wage note in the report  of the principal case in pre Ch ub sup it be state to be not a assignment but  a letter of attorney the decree the same as above as to the method to be  observe in make and attest such letter of attorney vide stat Geo d cap sect  Vernon chancery case er p
case Mitford against Walcot acceptance of a bill of exchange be a actual  promise to pay S c salk S c comy S c ld ray a draw a bill of exchange at  Madrid in Spain on b at Amsterdam Payable at two usance b after the two usance  videlicet the four day which be the last day of grace accept the bill at  London and for nonpayment the action be bring against he and the declaration  show the day of draw and acceptance by which this fact appear per curian first  a acceptance be a actual promise to pay a the doubt then be upon the variance  of day of grace at Amsterdam and in England for there they have eight and but  four here and that as it be urge by the custom of merchant a acceptance at  Amsterdam after time of payment be void and the day of grace be no part of the  usance and the acceptance here be to pay juxta course bill prd it must be  understand the same as if it be at Amsterdam for there it be direct and  Payable but it be agree here first that a acceptance or negotiation in England  after a bill become Payable shall bind the acceptor or endorsor though not  perhaps the original drawer and for this be quote the case of Pigot v Jackson  a in this court in Hilary term in the nine year of William the three though it  be a acceptance to pay juxta course bill prd as here second it be resolve a  usance be a month at twentyeight day three if bill be accept at Amsterdam and  no house name where the payment be to be the party need not acquiesce to it  but may protest the bill but if he will acquiesce it be well enough fourthly  if a draw a bill on b who will not accept it and c offer to accept it for the  honour of the drawer the drawee need not acquiesce but may protest but if he  do acquiesce c modern report be bind five if bill be draw on one at Amsterdam  and be do not care to accept it but get one here to do it the party need not  acquiesce but if he do the party here be bind and judgement be give for the  plaintiff nisi
case modeli and his wife executor against york in assumpsit the executor shall  pay cost where money be receive after testator death in a assumpsit by a  executor for money receive after the death of the testator if the executor be  nonsuit be shall pay cost for the law give this privilege to executor of not  pay cost only where the cause of action accrue in the testator lifetime and  there because it can not be suppose that the executor be conusant or privy to  the act of the testator a that a executor may support a action in his own  right for money have and receive after the death of the testator see Walter v  Lewis ld ray marsh v Jennerly Andrews Jenkins v plumb Mod and that wherever a  executor or administrator can bring the action in his own right yet bring it  as executor or administrator and be nonsuit he shall pay cost see Portman v  come stram Jones v Wilson post marsh v Yelowly stram cockerel v Knyston term  Rep Goldthwaite v Petrie term Rep a modern report michaelmas term the six of  queen whether in the queen bench sir John holt Knt chief justice sir John  Powell Knt sir Littleton powys Knt sir Henry gold Knt justice sir Edward  Northey Knt attorneygeneral sir Simon Harcourt Knt solicitor general
case moi against osborne S c barn declaration in English the damage be lie at  twentyfive pound the verdict be for less than ten pound Lord Hardwicke chief  justice this must be bad for the same reason the former case be hold good the  statute of the Geo c must be put out of the case not extend to case where the  damage lie in the declaration be above ten pound and it appear by cro  Elizabeth that this be erroneous and not aid by any of the statute of Jeofails  the judgement be reverse
case moil against ewer a letter of attorney to make livery may he insert in a  indenture hark   light b note Inst roll Abr wood con Noy by what word the  moiety of a manor shall pass a ancient deed admit as evidence of the extent of  a manor   a trespass upon evidence it be move by coke attorneygeneral where a  indenture of bargain and sale hetween I S on the one part and I ib on the  other part and in the end thereof a letter of attorney to I n to make livery  be produce in court that it shall he void because the attorney be not party to  the deed but all the court hold it to be good enough for in many such  indenture be such letter of attorney make and it be a common assurance and  therefore good second it be move upon a indenture of feoff make by the prior  of burcester to John Langston of the moiety of the manor of Caverfield and all  his land in Caverfield that he have a manor in Caverfield that the moiety of  the manor only shall pass and for the word and all his land in Caverfield that  extend but to other land not parcel of the manor and not to make the whole  croak Elizabeth er p manor to pass and if he have not any other land those  word be void and of that opinion be Popham but in regard it be show on the  plaintiff part that this deed be a ancient deed videlicet Henry and therein a  rend of S d reserve and all the land of the priory there have be enjoy under  that grant and that this grant be so make because Langston before have a manor  in that will and the prior another manor which peradventure in ancient time be  both but one manor and afterward divide so peradventure the manor which the  prior have be have the moiety of the manor For these cause gawdy and the other  justice hold that the entire manor shall pass but they advice the jury if the  case be so that it shall he special find but the jury give a general verdict  for the plaintiff
case Molineaux ux versus bird all collins in court Lord chancellor mrs  Molineauxs mother be divorce from her husband causan adultery with the  defendant and the father after the death of her mother intermarry with the  defendant and by will devise to her all his personal estate and make her  executrix the defendant prove the will in common form and the plaintiff  institute a suit in the spiritual court to set aside this will and the probate  grant to the defendant be order to be bring in and the plaintiff file their  bill for satisfaction out of asset of pound due to the wife by her mother  marriage article and for a distributive share of the personal estate of her  father in case he make no will and the defendant have pray a month time to  answer the council for the plaintiff on affidavit of the insolvency of the  defendant the executrix move the court that she may be enjoin from receive any  more of the personal estate till the suit in the spiritual court be determine  and to bring before a master what she have already receive and say that Lord  Harcourt have frequent make such order on a certificate only that the bill be  file mosely report Lord chancellor I do not think that the defendant be to set  out a account have affect any delay but why shall not I take care to secure  the effect before answer as I grant injunction to stay waste on a certificate  of the bill be file since a suit be depend in the spiritual court to set aside  the will and that it be adjudge by the delegate in the case of powis and  Andrews that the spiritual court can impound the asset pendent light so let a  injunction go to restrain the defendant from receive any of the effect till  answer and further order but not till the suit in the spiritual court be  determine post Cas
case MOLTONS case fine r ab Leon more r Rep bridge coke demand the opinion of  the court in this case melt be tenant in tail have issue two son Richard and  John and die Richard levie two fine of the land and die without issue John  bring two writ of error upon these fine the defendant to the first fine plead  the second fine not croak Elizabeth reverse and to the second he plead the  first not reverse the question be what be to he do curian you may reply that  the say fine plead in bar be alsoerroneousi and aid yourself Henry pl croak  Elizabeth er p
case Monday against cordal Hilary term Elizabeth roll word actionable cro car  hawk p c Bac ab action for these word thou art a Forge and art sue in the  StarCliamher for go by one sedge it be after verdict move in arrest of  judgement that a a Westminster Edward c Richard c Richard c b Elizabeth c  croak Elizabeth er p action do not lie for those word for it be not show what  thing he forge and how he be sue for it may be it be without cause but the  court give judgement for the plaintiff for when he say thou art a forgpr this  be intend of such a thing of which forgery may he and to he speak in the worse  part and when he say he be sue in the starchamber this do aggravate it that he  do such a forgery for which he be suable there
case Monday against martin the plaintiff must prove the identical promise lie  in the declaration ante more Cowp dougl term Rep assumpsit whereas the  plaintiff the first of Novemher Eliz have deliver to the defendant three  clothes that the defendant in consideration thereof assume to pay one moiety  within a year follow the other moiety within the second year of sue upon non  assumpsit the jury find that the delivery be on the first of August Elizabeth  and all the residue utprius and whether this be find for the plaintiff or  defendant be the question and adjudge for the defendant for this be not the  same assumpsit whereof the plaintiff have count but differ from it wherefore c
case monger against kett if one under pretence of be insolvent get a abatement  of a debt it will be set aside in equity S c Eq Abr note in the case of monger  and kett in chancery it be hold by the court that if there be two dealer and  one of they be very much indebt to the other and in order to get a abatement  from he he make he believe he be insolvent by abscond skulk or shut up shop  whereby the other have just cause to fear the loss of his debt and thereby  procure a release or a abatement when in truth the man be real solvent that  that court will relieve against such release c and this be agree to have be  often do and the case of bonny v bonny quote for a instance by if the party  have not just cause to fear the loss of his debt modern report it be also  there hold that if a mortgage land to b for one hundred pound and a owe b also  one hundred pound by contract or bind a shall be admit to redeem the mortgage  without pay the one hundred pound by the contract or bind but be leave to his  remedy on his contract or bind and hereupon pooly at bar say that if I have  several mortgage upon several land for one hundred pound each from the say  person and one of the mortgage prove a have title and the other good the  mortgagee shall redeem the good one without pay of the money upon the have one
case MONNOP against thomas easter term Elizabeth roll whether certain person  who be affeerors in a leet shall he try by the record and not by the country  Com dig cro car W Jones Kfich strange Fitzherbert g bar king b say vide ante  more Kitch Bl Com Bac ab Com dig second deliverance upon a distress take for a  amercement in a leet the party be at issue whether c and h be afferratores  curioe proedictce and try pertffe pais And for this cause exception take for  it be say that it ought to have be try by the record and of that opinion be  the court upon the first motion because a leet be a court of record a vide  Henry trial
case Montague all executor of ewer versus Tidcombe and Haskins Eq can ab pl S  c a put his son apprentice to b and give bind for his fidelity and take a  covenant from b that he will at least once a month see his apprentice make up  his cash the apprentice embezzles the cash and b bring a action on the bind on  a bill by a to be relieve decree that a shall be answerable for no more than b  can prove his servant have embezzle in the first month after the embezzlement  begin Mr ewer give the defendant a Spanish merchant six hundred pound to take  his son apprentice and enter into a bind of one thousand pound for his Vernon  chancery case fidelity and at the same time take a covenant from his master  that he shall at least once a month see his apprentice make up his cash the  defendant bring a action on the bind allege the apprentice have run out eight  hundred and fifty pound bill to be relieve against it Lord keeper the meaning  of the covenant be that the defendant shall not only see to the cast up of his  cash that it wag right in figure but to see the cash effectual make up and  therefore the defendant pretence that his apprentice have insert in his  account goldsmith or banker note as remain when he have dispose of they be no  excuse that the bind and the covenant ought to be take as one agreement that  the plaintiff will be answerable provide account be take monthly will be  liable but for one month embezzlement and decree the plaintiff shall be  answerable for no more than the master can prove the apprentice embezzle in  the first month when the embezzlement began With interest for what be so  embezzle from three month after the say month in which such embezzlement be  make Reg lib b fol and note from the answer of the apprentice who be make a  party it appear that his master and his partner Haskins have be guilty of  great negligence in trust he and leave his account unsettle vide shepherd v  Beecher p wms
case moody against lewen in the common plea Michaelmas term Elizabeth roll a  grant of a manor be good although in recite a fine it mistake the plaintiff  for the deforceant replevin upon a special verdict it be find that Trin  Elizabeth a fine be levy hetween Lovelace and Rutland plaintiff and fooke and  seven other deforceants of the manor of d c by which fooke and the other do  acknowledge the manor c to the plaintiff come Ceo c the grant it to they c  render rend with a nomin pmnx and cause of distress to fooke in fee who grant  it to Horden who convey it to the avowant the plaintiff traverse the rend to  Horden modus et formal c and it be find that fooke in his grant do recite that  the fine be levy inter fooke and seven other plaintiff and Lovelace and  Rutland deforceants of the manor and that the say Lovelace and Rutland grant  by it the rend c to fooke in fee and he grant it to Horden and if this rend by  reason of this misrecital be well grant they pray the discretion c it be argue  by Shuttleworth for the plaintiff and by Walmsley for the defendant and it be  a   Inst pop   croak Elizabeth er p adjudge a good grant for there be  sufficient certainty of the thing grant and of the intention of the party to  grant it and nothing be mistake but the defoteeants and plaintiff in the fine  which be not material and it be adjudge for the defendant that he shall have  return
case more against Goodgame a customary manor may be grant by copy and the lord  may hold customary court but not a court baron ante     light Yelv Bulst  Brownl pale yellow ten on a issue on the custom of a manor the venire shall be  from the manor error of a judgement in the common plea in replevin the error  assign be because in the replevin the plaintiff allege the take to be at  Warfield in a place call Eastmeadow the defendant say that locus in quo be  three acre of meadow in Wargrove which be the freehold of lady periam and make  cognizance as bailiff to her the plaintiff reply and entitle himself to the  land as a copyhold parcel of the manor of Wargrove upon long plead in bar to  the avowry replication rejoinder and surrejoinder the issue be whether infra  manor de Wargrove ankle to have custom that the say land in Warfield be a  manor of Warfield demise and demisable by copy of courtroll prout c this issue  be try by a venire facias de vicineto manor de Wargrove and find for the  plaintiff that there be within the manor of Warfield such a customary manor  and it be resolve by the court that within one manor there may be another  manor demisable by copy and that within that manor there may be customary  tenant for as well as there may be a tenant at will of a manor at the  commonlaw so there may be tenant at will accord to the custom of the manor  wherefore it be adjudge accord for the plaintiff a writ of error be bring  error be assign because the venire facias be of the manor where it ought to  have be of the manor of Wargrove and of Warfleld which be a distinct will of  itself say non allocatur for the issue be whether within the manor there be  such custom the venue shall be only of the manor and Warfleld be parcel of the  manor shall be intend to be within it the judgement be affirm
case more against more and his wife damage must he several assess where the  defendant be several guilty   a Doug action for word against the baron and  feme for word speak by the feme and also for word speak by the baron the  defendant do confess the action and upon a writ of enquiry of damage the  damage be entire assess and it Vause hold ill and for this cause the judgement  be stay for the damage ought to be several assess for the several word vide  Edward f
case more against more July where surrender operate to bar entail though not  make with that view lib Reg b foe S c Ves S c not S p dick v wheat v  Thornburgh vern Lord Hardwicke be of opinion that where a copyholder seize of  a estatetail surrender to the use of his will if entail by the custom of the  manor be not barrable by recovery or fine but by surrender in such case the  surrender to the use of the will not only effectuate the will but operate as a  bar to the entail the Lord chancellor say in his judgement on this point I  have always think that where there be a manor in which a copyhold may be  entail either by special ambler er p custom or by that general doctrine of a  surrender in fee well aliter c if a custom do not appear to bar by recovery in  that manor they may be bar by a surrender in fee otherwise it will create a  perpetuity and make estate unbarrable and his lordship decide that the  surrender to the use of the will bar the entail upon the authority of car d  Dagwell v singer in c b Pas see Ves where see a full report of this case see  olway v Hudson vern the remainder over will be bar so if a surrender will bar  a legal it will bar a equitable estate tail Radford v Wilson atk that a custom  to bar by surrender may be concurrent with a custom to bar by recovery see do  v Dauncey taunt do d Whitlock v Treeby et all black Rep roe v Jeffrey maul  Selw everall v Smalley stram Wilson S c Martin d Weston v Mowlin burr do v  Ossinbrooke bing see roll Abr see   Litt b pale yellow ten
case more against roswell Hilary term Elizabeth roll a covenant to execute  such a deed as a particular counsel shall advice be not break by refuse to  execute a deed draw by the party post   b I roll ab Com dig wood con ante a  debt upon a obligation the condition be to perform covenant of such a  indenture and the breach assign in this that the defendant do covenant to  assure such land by such assurance as by the counsel of the plaintiff shall he  devise and allege that the plaintiff cause such a assurance to he draw croak  Elizabeth and engross and put wax to it and require the defendant to execute  it and he refuse upon this the defendant do demurrer Harris sergeant move that  no breach of the covenant be show for when he be to make such assurance as the  counsel of the plaintiff shall devise and the plaintiff himself do devise it  this be no breach for he be not compellable to make it Henry pl Henry Edward  gawdy justice this clear be no breach for when it be refer to such a assurance  as counsel shall advice this shall he intend such assurance as shall he  reasonable advice and not in such manner as the party himself of his own head  shall advice which peradventure may he unreasonable afterward be move again at  another day all the court be of the same opinion a for which the plaintiff  will have been nonsuit but he can not because he appear the same term b and  therefore he pray advisement till the next term to the intent to he nonsuit  and to discontinue it a vide post Clipton v Gibbon content b Watkins v tower  to Rep croak Elizabeth er p
case more against ROWBOTHOM part owner of a ship dissent from the voyage may  arrest the ship in the admiralty and oblige the assent owner to give caution S  c viner c several partowners of a ship some whereof be against fraught her by  a course in the admiralty in such case for advance of navigation they modern  er p decree that the majority shall prevail and fraught they give the dissent  party caution for their part of the ship against all risk which be do here the  ship be lose those who give the caution be libel against and sentence be give  in the admiralty and now a prohibition be move for suggest that the caution be  give upon land and that all matter of property be to be order by the commonlaw  only and the court seem strong that they bad such a power and if so by  consequence they have no jurisdiction over the caution as incident thereunto  yet it be matter of consequence and never yet determine they grant a  prohibition and direct they to declare accord to their suggestion forthwith it  be settle in the case of Dimmock v chandler Hillary term Geo that where there  be several part owner of a ship and one or more of they fit her out for a  voyage the rest of the owner may sue process out of the court of admiralty to  arrest the ship and compel the owner engage in the outfit to give in security  there to answer to they their several proportion of the fraught and the value  of their respective share in the ship in case she shall be lose in the voyage  fitzg SC stram and this case have be since recognize as law Ousten v Hebden  will blacket v Annesley ld ray Menetone v Gibbons term Rep smart v wolf term  Rep a and though it be after sentence yet if they bad no jurisdiction a  prohibition ought to go and so it be rule
case more against sir george REIGNALLS marshal of the king bench debt for a  escape on a capias utlagatum after judgement may be either in the tam how or  at the suit of the party only ante bridge   cro Elizabeth more roll ab Yelv  Mod p will debt against the defendant for suffer one Alsop to escape who be  condemned in debt and outlaw after judgement and remove into the king bench by  habeas corpus from Gloucestershire a ante b ante croak James er p the  defendant show that he never be take in execution and that after he have be  imprison for two year he escape the plaintiff thereupon demurrer the first  exception be because the action be not bring tam pro dom ring how pro he  himself for suffer a outlaw person to escape say non allocatur for he may  bring his action of debt for what he have lose and it be certify by the  prothonotary that the precedent be both way wherefore it be adjudge for the  plaintiff
case more against the MANUCAPTORS OF garret on plead nul tiel record day be  give to bring it in S c salk S c holt to know facias against bail who plead  that there be no capias against the principal the plaintiff reply and set out  a capias prout to stand open per record the defendant rejoin nul tiel record  the plaintiff surrejoined that there be such a record and pray a day to bring  it in whereupon the defendant demurrer holt chief justice this way of plead be  out of the common course there be two modern report way of plead a record  either by crave oyer of the record and if it be not give it be a failure or he  may plead nul tiel record and then a day be give to bring it in but this  surrejoinder be a three way and a new one but it be adjudge well enough and  the plaintiff have judgement a a see bringar v Allanson ld ray accord a see  Hutton v Mansell salk holt v ware stram fitzg low v peer burr a see grant v  Burton send for post and creamer v Wickett content post term Rep modern report  er p
case more against thompson where the jury may sever the damage for which the  plaintiff have declare in a action of trespass bring by the plaintiff in the  court of common plea for enter on the plaintiff land on the twentyfifth day of  march in the four year of George the first with a continuando of the say  trespass the twentyfifth march in the six year of George the first which be  two year c ad damnum c the defendant plead that the land be copyhold and the  freehold of one green the plaintiff reply and admit they to be copyhold set  forth a surrender make to he and that he be admit a whole year before he bring  this action of trespass c videlicet on the seven day of April in the five year  of George the first the defendant in his rejoinder deny the surrender issue  thereon at the trial there be a verdict for the plaintiff and the jury give  damage for that year only a predicto the seven day of April in the five year  of George the first whereas the plaintiff have declare for two year damage and  now upon modern report a writ of error bring it be insist that though the  plaintiff have a verdict yet if the jury do not find enough it be a  insufficient find and here they have find damage only for one year where the  plaintiff have declare for two year damage and the jury can sever the damage  for which the plaintiff have declare the court have the damage be assess  general it have not be good because upon the record it appear that the  plaintiff ought to recover no damage until the seven of April in the five year  of George the first because till then he have no title to the land if the  damage have be assess they may have be release the judgement be affirm
case more against vaughan it be a mistrial if any juror who have be challenge  by the party afterward try the cause ante trespass at the nisi prius the juror  be challenge and the jury remainedpro defedu I urator and afterward a new  distringa with a nisi prius be award against the same juror who be treited  before and some of they who be treited appear and try it and this matter be  allege in arrest of judgement and hold clear by all the justice that it be a  mistrial and not aid by any of the statute of Jeofails whereupon a v  enirefacas de to make new be award to have a new trial
case more be case judgement give in debt on a determinate contract although  the plaintiff declare for more than he prove post say vide contra more Yelv  latch Mod cro James black Com Cowp dougl term Rep term Rep debt the plaintiff  declare that the defendant have bargain with he to give he for the pasture of  every horse by the night twopence and of every ox one penny halfpenny and show  that he have pasture seventy horse and three hundred ox et therefore action to  grow progressively to demand c and he demand more than upon his own show it  appear he shall have for the numher of croak Elizabeth the horse and ox do not  amount to the sum of which he have count this be allege in arrest of judgement  after verdict find for the plaintiff and notwithstanding judgement be give for  the plaintiff but Fenner say that in Anslows case who bring a writ of annuity  and demand twenty noble and it appear by his own show that he be to have but  nineteen noble the writ be abate by award of the court
case more vers man in c b refer to Goodwin v Robarts lr ex App Cas a original  bill Payable to one and his order be assignable afterward to whosoever it be  endorse though the word or his order be omit salk vin Abr title bill of  exchange h pl burr Blackst Rep SC I Str dougl p this be a action of assumpsit  upon a promissory note give by man to Statham and order Statham assign it to  Witherhead and Witherhead to the plaintiff and upon a demurrer to the  declaration a exception be take because the assignment be make to Witherhead  without say to he and order and then he can assign it over for by this mean  Statham who have assign it to Witherhead without subject himself to his order  will be make liable to be sue by any subsequent endorsee and to this the chief  justice at first incline but afterward it be resolve by the whole court that  it be good for if the original bill be assignable as it will be if it be  Payable to one and his order then he to whosoever it be assign have all the  interest in the bill and may assign it as be please for the assignment to  Witherhead be a absolute assignment to comens he which comprehend his assign  and therefore nothing be do when the bill be assign but endorse the name of  the endorsor upon which the endorsee may comens er p write what he will and at  a trial when a bill be give in evidence the party may fill up the blank as he  pleases The mere omission of word to give a power of transfer will not make a  endorsement restrictive Bayley on bill p
case more versus more rehear December where legacy be charge upon personal  estate and interest direct to be pay the court in this case always allow the  legal interest vide guillam v holland ante atk vol and note where legacy be  charge on the real estate the rule of the court be to give one per cent less  than the legal interest as it be a good security for the principal a person by  his will in give legacy chargeable upon a leasehold estate determinable at the  end of ninetynine year and direct interest to be pay upon those legacy from  the year at the time of make the will interest be at six per cent and reduce  to five at Michaelmas at the hear of the cause there be mortgage upon the  leasehold the master of the roll sit for the chancellor decree the legatee  interest only at the rate of four per cent upon a suggestion it be a deficient  estate it be reheard as to this point only Lord chancellor alter the decree so  far and direct five per cent interest upon the legacy and say though charge  upon leasehold estate yet it be the same thing as if it be to come out of the  personal estate at large and the court in this case always allow the legal  interest but if legacy be charge upon the real estate the court direct four  per cent only on account of its be a good security for the principal and the  rule they have constant go by in this latter case be to give one per cent  interest less than the legal
case more versus RYCAULT post pale yellow Ch Eq Abr c c S c atk a husband who  have make no provision on his wife agree that her fortune which be in trustee  hand shall be lie out in a purchase of land this agreement though after  marriage not to be consider as voluntary so as to be set aside in favour of a  creditor of the husband a man steal a young woman who have a considerable  portion which be in trustee hand after the marriage her friend will not part  with the portion unless the husband will give security that it shall be settle  for the benefit of his wife and husband it be agree that it shall be lie out  in land to be settle to the husband and wife and the heir of their body and a  judgement be give by the husband for this purpose now this bill be exhibit by  a creditor of the husband for that it be after marriage and voluntary and so  ought not to prevent a creditor of his debt but the court will do nothing in  it for that if the husband himself have exhibit a bill here againstthe trustee  for the portion the court will not have precedent in chancery decree it to he  without make some such settlement so the bill be dismiss but without cost
case Morele versus bonge at the chancellor house Lord chancellor the court  allow the executrix sum under S which the testator have fair enter in a  accountbook without proof vern vern the defendant as executrix of her husband  who be master of a ship which trade between holland and Archangel in hemp and  other commodity bring a action of pound against the plaintiff as owner of the  ship for wage and have judgement by default and the plaintiff file a bill for  a account and a injunction and she be decree to account and the master make  his report to which the defendant except because the master have not allow her  several sum for shovers when the ship be under careen though they be fair  enter in a accountbook keep by her husband as master of the ship and several  witness depose he be a man of a fair character that the expense be necessary  and that it be not usual for master of ship to take voucher for such small sum  Lord chancellor all the sum under forty shilling will have be allow by the  master to the testator upon his own oath and since they be fair enter in his  book which be regular keep and can be suppose to be do to serve this turn  mosely report and be prove to be necessary expense and it be swear he be a  honest man they shall be allow to his executrix especial after this length of  time and a judgement by default and to object that she may examine witness in  holland or Archangel to the payment of these small sum be in effect to say she  shall not have justice do her such a examination will be so Chargeable but  though the defendant case be very hard I be tie up by the rule of the court  and therefore can allow the exception only as to sum not exceed forty shilling  the testator if he be alive must have produce voucher for the other and in  this case the plaintiff have make no use of the testator accountbook by way of  charge mosely report de term S hill in cur porter Friday January the d motion
case Moreton against packman by the custom of London a marry woman may bring a  action as afeme sole trader without her husband queer if the trade of a  victualler be within this custom S C keb S C than light Rep hetl Brownl cro  Elizabeth more Mod Mod Mod Mod pale yellow Eq Rep Prec Ch vern show Peer wms a  cause be remove out of London by habeas corpus wherein the plaintiff have  declare against the defendant as afeme sole merchant Bartue move for a  procedendo because be say they can not declare against her here as a feme sole  for that she have a husband Jones contra the husband may then be join with her  for he be not beyond sea Twisden justice I think a procedendo must be grant  for the cause allege it be resolve in Langham v bewelt in cro car though not  report by he that if the wife use the same trade that her husband do she be  not within the custom and they be to determine the matter there whether this  case be within their custom perhaps a victualler as this trade be be not such  a trade as their custom will warrant and whether it will warrant it or not be  in their judgement a procedendo be grant Com dig burr term Rep and see Caudel  v shaw term Rep where it be determine that afeme covert can sue without her  husband as a feme sole trader by the custom of London in the superior court at  Westminster see also the case of read v Frances Jewson Hilary term Geo there  cite from a manuscript note by Mr justice buller
case morgan against johnson ld cerlum be qtyd certan To give back to be able  Plowd   light b Henry pl I roll ab pl hob and godb skin debt upon a bill which  be in this manner memorandum that I Thomas Johnson do bind myself to John mor  n to pay unto he all such money as my brother owe he in witness whereof c at  the end of the bill underneath be write William the brother of Thomas Johnson  owe to mor begin the plaintiff in his declaration aver that William the  defendant brother then owe to he it be thereupon demurrer and move for the  plaintiff that although this bill be uncertain at the first yet by averment  and write under it it be certain enough as a lease by deed for so many year as  I S shall name when I S have name they it be sufficient and certain enougb and  all the justice agree for the plaintiff that by the averment the debt be  sufficient and the deed may he refer to a collateral matter as a obligation to  perform covenant within a indenture wherefore it be adjudge for the plaintiff
case morgan against kiss he maintain pirate Qure if it must not he aver that  he know they to he pirate post cro James action for word that the plaintiff  maintain victual and help to let go certain pirate contrary to the law of the  realm and the proclamation make up n not guilty plead it be find for the  plaintiff with damage sixty pound it be move in arrest of judgement that the  word be not actionable for it be not allege that he know they to he pirate or  maintain they in their piracy coke contra for when it be allege he maintain  pirate c it shall he intend in evil parten and that he speak they malicious  and that he maintain they know they to he pirate and it be adjudge in sir  Henry lea case against penniston where penniston say to sir Henry he maintain  thief that a action do lie and afterward the plaintiff have judgement for when  it be say he maintain they against the law and proclamation it shall he intend  in the worse sense and although piracy be triable by the civil law yet by the  Henry c our law take notice of it croak Elizabeth er p
case morgan against Tomkins on outlawry on a indictment be reverse the  indictment stand S c holt by the court if there be a outlawry upon a  indictment and the outlawry be afterward set aside the indictment stand good  and open to proceed upon but if judgement be upon a indictment by nil to say  or any other judgement by the court and that be reverse all be set at large  and there be a end of the indictment
case morgan against williams Michaelmas term pound Elizabeth roll a suit on a  administration grant by a peculiar must show that he be ordinary ante post  more Lut cro James side show Mod skin Bac ab Com dig salk debt as  administrator to one Philips and declare that administration of the good of  Philips be commit per andream vane sacrifice aeologi e teacher such a day at  Monmouth and the plaintiff recover in the common plea by default and writ of  error be thereof bring the error assign be because it be not shewfi that vane  be ordinary of Monmouth nor that the commit of administration appertain unto  he and in regard it be in a declaration which ought to be certain and he be  not a bishop nor any person who may he intend to he the ordinary the judgement  be therefore reverse
case Morgan case judgement for utter   shilling to be draw and bang but not  quarter Staunf p c a Inst sum lev hale hawk p c Morgan and two other be indict  for   twentyshilling piece of the king coin and Morgan for offer those piece  to the king subject know they to be   and be thereupon arraign he plead nit  guilty and evidence be pregnant against Morgan he be find guilty and the other  be acquit and judgement give that he shall be draw and hang but not to be  quarter accord to the opinion of Staunforde
case morgan v Michaelmas term see ostell v Lepage de g S a original  independent decree may he have in this court where all the fact be state by  the bill notwithstanding a former decree for the same matter in Wales a bill  be bring for a legacy in the court of equity in Brecknock in Wales before the  Welsh judge at the assize and the legacy decree to be pay the defendant appeal  from the decree to the house of lord and insist there be a omission in the  decree for notwithstanding a account be direct to be take yet it be not order  that all just allowance shall be make in such account to the defendant upon  the appeal the decree as to the payment of the legacy be affirm but vary as to  the just allowance and the h u e of lord order their decree to be carry into  execution by the court in Wales atkins the defendant afterward flee to avoid  the execution of the decree into England and the bill now bring set forth the  will by which the legacy be give and the proceed and decree in Wales and the  appeal to the house of lord and their decree and that the defendant have to  avoid the decree and payment of the money flee into England out of the reach  of the process of the court in Wales to this bill the defendant demurrer and  for cause show that it appear the plaintiff have obtain a proper and complete  decree and that this court always refuse to assist the decree of a inferior  court on the other hand it be say that a action of debt will lie upon a  judgement in a inferior court in the court of king bench or court of common  plea Lord chancellor be incline to overrule the demurrer and say that the bill  have state the will and all the proceed in Wales c for the recovery of the  legacy a original independent decree may he have in this court for the legacy  but will not absolute determine it now and therefore reserve the consideration  of the demurrer till the hear of the cause
case morgan v morgan march the d it be in this case lie down by Lord  chancellor as a rule that where a defendant plead a decree of dismission of a  former cause for the same matter in bar of the plaintiff demand on his new  bill if the plaintiff do not apply to the court atkins that it may be refer to  a master to state whether there be such a decree but set down the cause upon  the new bill for hear it be a waiver of his right of application for such  reference and the court will determine it
case morgan versus dom Sherrard January a man possess of a term for year  mortgage it and then become indebt first by statute and afterward by judgement  and die the judgement shall be first satisfy out of the equity of redemption  of the term a man possess of a term for year make a mortgage of this term to I  S and after ware acknowledge a statute to the Lord Sherrard and then confess a  judgement to the plaintiff Morgan the bill be to have the equity of redemption  of this term which be vest in the executor and so become asset to be  administer in a course of administration and subject to the judgement a  judgement in course of administration at law be to be prefer to a statute  Vernon chancery case for the defendant the Lord Sherrard it be insist that he  have the statute and that have get the term extend in the hand of the executor  a subsequent judgement can not avoid that extent and his counsel allege there  be a case in Anderson to that purpose but the counsel on the other side deny  there be any such case and the Lord keeper be of opinion that a term for year  be not extendable by the conusee of a statute in the hand of a executor and  though it be extendable in the lifetime of the conusor in his hand yet the  extent be but until what time and if the conusor alien the term before extent  the statute bind not the term so it seem the good and chattel can be extend in  the hand of a grantee that Edward III b vin ab and then if it be not  extendable in the hand of the executor it be but a chattel like a jewel or a  horse and there a judgement must be prefer in course of law to a statute the  case of full and Guilmore be admit that a prior statute extend shall not be  avoid by a subsequent judgement but that be in case of a freehold and not as  to good or chattel Vernon chancery case er p
case Morley against PRAGNEL Trinity term car roll a tallowfurnace erect in the  neighbourhood of other house be a nuisance roll ab hut palm vent keb Bl Com  salk ld ray Com dig strange burr hawk p c ch S action on the case whereas the  plaintiff be owner of a common inn in Eastgestock that the defendant malicious  erect a tallow furnace and boil therein croak car er p much stink tallow to  the great annoyance of he and his guest and by reason of such stench arise  thereupon many of his guest leave his house and many of his family become  unhealthful upon not gild plead a verdict be find for the plaintiff Germin  sergeant move in arrest of judgement that a action lie not for he be a  tallowchandler ought to use his trade which can be say to be a nuisance but  all the court hold that as the declaration be pen the action be maintainable  for every one ought such in order that his quod another non to hurt then when  the plaintiff be a innkeeper the defendant erect a tallowfurnace annoy his  house with stench especial by boil stink stuff and so in Tohayless case who  erect a tallowfurnace across the street of denmarkhouse in the strand it be  find a nuisance upon the indictment and adjudge to be remove whereupon  judgement be here give for the plaintiff
case Morley against vivian vide ante page et hoc a preparation be verify hold  to be only form and though it have be hold substance yet subsequent opinion  have be contrary a by car c all devise and bequest of any land or tenement  shall be in write and sign by the party so devise the same or by some other  person in his presence and by his express direction and shall be attest and  subscribe in tile presence of the say devisor by three or more credible  witness c the word in the presence have be hold as synonymous to within the  view shears v Glasscock salk Carth Eq Cas Abr Eccleston v petty show Broderick  v Broderick Peer wms machel v temple show Longford v Eyre Peer wms right v  price dougl capon v dade brown c c dorm v thurland Peer wms Stonehouse v  Evelyn Peer wms Gryle v Gryle atk Carleton v griffin burr a see how v Napier  burr day v Searle stram bens v part ld ray Menetone v Gibbons term Rep b this  be say to be otherwise by the court upon a motion make by Montague in the case  of bar v bar in the king bench in Michaelmas term in the four year of queen  whether note to the former edition modern report er p
case morning against knop queen if a promise after full age to pay a bind give  during infancy in consideration of forbearance be good assumpsit the case be a  infant be bind in a bind for the payment of at this full age in consideration  that the plaintiff the obligee will stay the suit which he have begin against  he by original and not cause he to he arrest thereupon he assume that he will  pay the at a certain day after upon non assumpsit plead it be find for the  plaintiff and allege in arrest of judgement that this be not any consideration  to ground a assumpsit and in proof thereof the case of slone v Withipole a be  cite for the bind not be sufficient to bind he there be not any cause for he  to make this assumpsit and of that opinion be Fenner but Clench contra el  coeteris Justitiariis send away adjournatur
case MORRET all versus western July Eq can ab pl S c subsequent encumbrancer  may redeem the first mortgagee though the mortgagor be foreclose by a decree  and the account take in the suit where such decree be obtain will not bind the  subsequent encumbrancer the defendant western after ten year suit four several  report and two trial at law obtain a decree to foreclose mrs Bennett upon a  mortgage Vernon chancery case er p plaintiff have judgement and other  encumbrance on bennet estate subsequent to the defendant mortgage and now  bring a bill against the defendant western for a account of profit and to  redeem defendant plead all the former proceed the take the account in a  adversary way report and reference and trial at law and decree sign and enrol  in bar of any new account to be take and deny he have any notice of the  plaintiff encumbrance the plea overrule so Godfrey v Chadwell ante p et vide  as to cost allow to the first mortgagee Lomax v hide ante p where court order  such mortgagee his cost as between solicitor and client and that the profit of  the estate in question shall be apply in the first place to pay what be due to  he for cost charge and disbursement and that it shall not wait for the account  Vernon chancery case de term S michaelis in curian porter
case morris against green whether on demurrer tender without imparlance non go  for sale be a judgement by default or on nothing to say S c salk in trespass  for assault and battery upon demurrer tender by the plaintiff without any  imparlance the judgement be thus et prd g non go for sale c Carthew move that  this be a judgement by default when it shall be nothing to say for a default  can be without imparlance for without imparlance he be not demandable and the  entry shall be et dictum to be per cur quod to close the ranks ad morationem  et ipse nothing to say c and this be manifest from the constant practice in  case of common recovery where the judgement be ever by default and therefore  they be force to grant a general imparlance by which suit be put in suspense  and then the defendant be demandable Northey contra it be a judgement upon  nothing to say and non go for sale must be understand non go for sale ad  jungend in moratione and holt chief justice incline that way but say they will  not be positive and he say that upon a nothing to say one shall never take  advantage of ill plead because there be no issue in law but upon joinder in  demurrer it be otherwise
case morris against kirk in I assumpsit for money expend the day and place of  the request be issuable and must he aver in the declaration queen see term Rep  post assumpsit and declare that whereas he have expend diverse sum of money  for the defendant amount to the defendant promise to pay he all the sum of  money which he croak Elizabeth have expend for he and allege that although  spius require the defendant have not pay c upon non assumpsit it be find for  the plaintiff And it be now allege in arrest of judgement that the plaintiff  ought to have allege the day and place of the request for it be issuable and  it be not like to a common action upon the case where a duty be due for there  it be Payable without request and it be in nature of a action of debt but here  a action be only maintainable upon the promise and be not Payable without a  express request and show what be due and so it be adjudge
case morris against lutterel easter term Elizabeth roll it be no plea to debt  on bind that as he be go to pay it he be prevent by the covin of the plaintiff  post Bac ab wood con Com dig Cowp debt on a obligatiori condition for save  harmless from another obligation make to c and h for the payment of l at a day  and place c the defendant plead that at the day of payment he be go ad to  loosen the say l to the place to the say c and h and that the plaintiff by  covin betwixt he and another stranger cause the defendant to he imprison and  to he detain in prison until after sunset of the same day to the intent the  say l shall not he pay and that the obligation by reason thereof shall he  forfeit and therefore he can not come to the say c and h to pay they the say l  et hoc c it be thereupon demurrer and adjudge for the plaintiff that such a  bare surmise be not any bar
case morris against spencer rule about bail in writ of error upon a writ of  error the exception take to the bail be within twenty day but the rule be  serve after the twenty day pass which the plaintiff in error think be  irregular and so do not put in better bail whereupon the defendant in error  take out execution which the court on solemn debate hold to be irregular and  order this case with the follow matter to be the stand rule for the practice  first that exception to the bail in a writ of error must be take within twenty  day second before execution can go out for want of better bail the rule ought  to be serve three the not serve the rule within twenty day be not material nor  inconvenient because it be only in delay of the plaintiff in error himself
case morris against thomas Hilary term Elizabeth roll the Henry c extend  judgement give in the grand session in Wales Cr error of a judgement in  Anglesey in ejectionefirmce and the error assign be that that e v venire  facias be quorum quilihet croak Elizabeth haheat four pound whereas the  Elizabeth c extend not to Wales for it be only of the court of Westminster and  the assize to which it be answer that this be no fault at commonlaw for it be  for the benefit of the party to have the hetter trial and if it he it be help  by the statute of Jeofails Henry c for that extend to all court of record and  this judgement be at the grand session there in ejection firmce and of this  opinion be the court and affirm the judgement
case Morriss case ancient demesne Mr York move for leave to plead ancient  demesne to a ejectment which upon read affidavit that the land be so the court  grant modern report er p
case morse versus Buckworth october Eq can ab pl S c see the precede case the  ship call the Turkey merchant take fire by the neglect of the master or ship  crew the plaintiff who be one of the freighter and have his good burn bring  his bill to discover who be part owner of the ship to enable he to bring his  action the defendant demurrer in both these case it be insist on for the  defendant that it be a hard demand in its nature the plaintiff may recover at  law as he can but be not to be assist in equity and compare it to the case  where a fire happen in a man house and burn his neighbour also although he be  liable to damage at law yet the plaintiff in such case shall not be assist in  equity per cur the case be not alike in the case put it be true the law give a  action but it do not arise out of any contract or undertake of the party but  in the case before Vernon chancery case the court the lighterman receive a  premium or wage for undertake to conduct the good to the wharf and so the  master or owner be by Vernon chancery case er p agreement to have fraught for  carry and transport of the good and it be within the reason of the case of any  common carrier and therefore overrule the demurrer and order the defendant to  answer Reg lib b fol vide on the subject of demurrer for forfeiture and  penalty bird v Hardwicke ante vol p
case Mortimer against PETIFER on a issue on the custom of a manor if the manor  be allege to be within a town the venue shall be award to the town post ante  hob   see James c and car c and Ann c Geo c Mr hargrave note   light p  replevin for the take of two cow in Bucklandmead in Buckland the defendant  plead that Bucklandmead contain ten acre whereof half a acre be copyhold  parcel of the manor of Buckland in Buckland and that within the manor be a  custom that every copyholder have any copyhold land within the say ten acre  shall have common from such a day to such a day in all the residue of the say  ten acre and show that he be a copyholder of one rood of meadow in the say ten  acre and so justify croak throw issue be thereupon and find for the plaintiff  it be move ill arrest of judgement that there be a mistrial for the venire  facias be de vicineto manor where it ought to have be de Buckland although the  issue be upon the custom of the manor and of that opinion be the whole court  for the manor be allege to be the manor of Buckland in Buckland the venire  facias ought to have be from Buckland wherefore a venire facias de to make new  be award
case Morton case judgement recover against another for the same injury be a  good plea in bar to trespass   hob dyer term Rep hawk Hobb light sect trespass  against Morton for enter into his house and take away his good the defendant  plead the trespass be do by he and I S and the plaintiff have bring trespass  against I S and recover against he and have execution and be satisfy and  demand judgement if he may impeach he c and upon this it be demurred Plowden  move that this be a good plea for when a trepass two this be joint and it be  also several so that if the party he satisfy by one this a discharge against  the other and the trespass be so joint that if the croak Elizabeth plaintiff  do confess that the defendant and another do the trespass the writ shall abate  for it ought to be bring against both Henry pl elen pl foster case Edward  Edward in Richard a difference be take hetween a trespass by two for a felony  by two be always several and pardon of one be no discharge of the other Wray  c j conceive it reasonable that the execution and satisfaction by one shall  discharge the other gawdy contra for the trespass be always in itself several  and when the plaintiff have recover against one and be satisfy for the damage  he have do to he this be nothing to the trespass do by the other but a release  to one be available to the other for by the release he acknowledge himself  satisfy Clench if one command three to do a trespass and they do it and a  recovery be have against he and he be in execution do satisfy the plaintiff  this be a good discharge of the other for the commander be the principal  trespasser and the other do it but as his servant which gawdy seem to agree et  adjournatur
case mortons case payment of the debt and cost to the sheriff on execute a can  sa do not discharge the judgement debt on a judgement the defendant plead that  the plaintiff have prosecute a capias ad to give satisfaction against he upon  that judgement that such capias be m dyer n roll Rep oh roll Abr p cro James  SC roll Rep Eq Abr Q see Lord canden observation on dodderidge opinion in the  case of Twisden v lock Amb the doctrine that there can be cross remainder  create between more than two person seem to be explode   light b Mr hargrave  edit note wright v Cadogan brown p c SC Cowp and a distinction settle that  wherever cross remainder be to be raise between two and no more the  presumption be in favour of cross remainder but that where they be raise  between more than two the presumption be against cross remainder though that  presumption may be answer by the plain and manifest intention of the testator  that cross remainder shall be raise davenport v oldis I atk Comber v hill  stram very v white Cowp Phippard v Mansfield Cowp Twisden v lock ambler  Manrott v Townley I vezey Atherton v pie term Rep shower KB er p deliver to  the sheriff that thereupon he have pay the condemnation money to the sheriff  the plaintiff demurrer and per curian the plea be nought for he be not bind to  pay the money to the sheriff but to the party and the sheriff by that writ  only have authority to take his body not his money suppose that the sheriff  die or become insolvent the plaintiff must not lose his debt otherwise shower  KB if the money have be pay to the plaintiff attorney upon record for that  will have be a payment to the plaintiff himself and by some it will be  otherwise if pay to the sheriff upon a become facias judgement be give for the  plaintiff in this case
case moses versus little Mercury die novemb Eq can ab pl S c father on his son  marriage covenant during his life to pay his son S per and the son become a  bankrupt his creditor shall not have the benefit of this agreement the  defendant on marriage of his son settle land on himself for life remainder to  his son for life c and covenant during his own life to pay his son fifteen  pound per and the son become a bankrupt the plaintiff as a assignee bring the  bill against the defendant the father to have the benefit of this agreement  and to compel payment of the fifteen pound per and per cur a assignee under a  statute of bankrupt be not entitle to have the performance of a agreement make  with the bankrupt and that it be so adjudge in the case of drake and the mayor  of Exeter Eq can ab pl I Ch can Nell Ch Rep Freem and see brook v Hewitt Ves  and Weatherall v jeer Ves and therefore dismiss the bill vide Jones Rep the  case of crisp and Pratt that copyhold land be within the statute of the that  of Elizabeth Elizabeth cap see cro car et vide Vandenanker v Desbrough ante  Peter v soams post and Parker and bleak that the widow of a copyholder who be  a bankrupt and where the commissioner have make a assignment of the copyhold  shall not leave her FreeBench Vernon chancery case er p
case moss against archer in covenant a breach that a stranger have right and  title enter be not good without show what right and title be claim hob cro  James Mod side lev lev sand lev Mod Mod Mod Mod Mod pale yellow e r show  comens stram ld ray ld ray dougl term Rep term Rep h Bl Rep Com dig pleader c  covenant by a assignee of a assignee of land which be exchange the breach  assign be that a stranger to have law et distinction do enter c there be a  verdict for the plaintiff it be now move in arrest of judgement that the  plaintiff have not show a sufficient breach for he set forth the entry of a  stranger to have law et distinction but do not show what title and it may be  he have a title under the plaintiff himself after the exchange make and to  prove this the case of Kirby v Hansake cro James a be cite in point and of  that opinion be all the court but see foster v Pierson term Rep that in assign  a breach of covenant for quiet enjoyment it be sufficient to allege that at  the time of the demise to the plaintiff a b have lawful right and title to the  premise without show what title a b have a notam it be say in this case that a  exchange ought to be execute by either party in their lifetime or else it be  void
case mott against hale Michaelmas term pound Elizabeth roll the death of a  parson be a nonresidence within the meaniflg of Elizabeth c so as to avoid his  lease post more say vide lev vent keb Bac Abr contra Cowp term Rep debt upon  lease for year the case be a parson make a lease to the plaintiff for  twentyone year after the Elizabeth c of land usual let render the ancient rend  the patron and ordinary confirm the lease the lessee let we part of the term  to the defendant the parson die the successor enter and let we it to the  defendant against who the first lessee bring debt upon the former lease who  plead the Elizabeth c that make all lease void where the parson be nonresident  or absent for eighty day c and that the successor have enter c upon this plea  the plaintiff demurrer and it be argue by coke and Godfrey that the statute  extend not but to the parson that make the lease and be nonresident or absent  c and extend not to lease of parson which afterward die for such person can be  say to he absent which be not in be especial the statute give liberty to let  land usual let which shall he vain be confirm by the patron and ordinary if  they continue no long than the parson life but it be adjudge that this lease  be void by the death of the incumbent for the justice say that the statute do  provide against dilapidation and for maintenance of hospitality and therefore  provide not only that lease shall he void for nonresidence c but by a sir  Edward coke say that no judgement be enter in this case but this be contradict  by the report of it in Leonard and it be cite in raym as adjudge that this  estate in contingency be bar by force of the word of Henry c croak Elizabeth  er p death or resignation for otherwise dilapidation shall he in the time of  the successor and he can maintain hospitality and so it be adjudge
case moulin against sir george dallison the existence of a custom of borough  English by which the old daughter shall inherit be a question of fact for the  jury   light b I Com dig a juror can be withdraw except by consent a defendant  can have a new trial the same term say vide   roll Abr hawk p c the question  be whether the manor of sherfield be by custom descendible to the old daughter  the plaintiff to prove this custom show that it be parcel of the manor of  Odiham which be ancient demesne in which manor the custom be that land be  descendible to the old daughter but on the other part be show that it can be  parcel of the manor of Odiham because it appear by diverse record that this  manor of sherfield be hold of the king by grand sergeant and although it be  agree on both part that there be such a custom within the manor and will of  odibam yet forasmuch as the manor of sherfield hold by such service it can be  parcel of the manor of Odiham but to that be answer that this tenure in grand  sergeant be create by king Edward the second and if there be such a ancient  custom it can be destroy nor alter by alteration of the tenure which be agree  by all the justice whereupon because diverse precedent be show that land of  the freeholder use to descend there to the old daughter and land in sherfield  use to be recover by a writ of right close in the court there it be leave to  the jury to inquire whether there be any such custom and because the juror lie  all night can not agree a juror by consent be draw a afterward the defendant  pray a new trial and a tale by proviso but it be hold by all the court that  the defendant can not pray a tale this term but he may in another c a ante a    light   Carth foster croak car er p
case mounson against CLEYTON to know facias may he have on a judgement against  a defendant who have escape notwithstanding the plaintiff confess he in  execution on a can sa ante roll ab to know facias to have execution upon a  judgement in debt the defendant plead that at another time before the  plaintiff have sue a capias ad to give satisfaction and that the defendant be  arrest and in execution thereupon and demand judgement c the plaintiff reply  true it be such a writ of capias ad to give satisfaction issue and that the  defendant be arrest thereupon and make rescous and escape therefore he sue  this to know facias to have execution be after the year and day upon this the  defendant demurrer pretend because the plaintiff have confess the defendant be  once in execution he can not afterward take a new execution but the court  resolve that the to know facias be well maintainable for when he have not the  benefit of his execution it be as none and the defendant shall never take  advantage of his own wrong by his escape and peradventure the sheriff be dead  so the plaintiff have not any remedy against he whereupon it be adjudge for  the plaintiff that he shall have execution croak car trinity term car in the  king bench sir Thomas Richardson Knt chief justice sir William Jones Knt sir  James Whitlock Knt sir George croak Knt justice William Noy Esq attorney  general sir Richard Sheldon Knt solicitor general
case Mountney against andrews to a to know facias on a judgement the defendant  may plead execution on a become facias for the same debt without show that the  writ be return ante post   more Leon side salk Mod roll ab dyer b r h ld ray  the ease of Cooper v city I burrow to to know facias upon a judgement in debt  the defendant plead that upon a become facias direct to the sheriff of the  croak Elizabeth county of Leicester for levy the debt he by force of it take  diverse sheep of the defendant for the debt and yet detain they and this be  rule a good pleaper curian although he do not allege that the writ be return  and although the writ be conditional ita qubd haheas denarius c for the  plaintiff have his remedy against the sheriff and the execution be lawful  which the defendant can resist idem before rook case mich pound Elizabeth fol
case moyse versus gyles refer to in re Wilks child v Bulmer Ch Oct b Eq can ab  pl pre Ch S c the plaintiff husband and defendant have enjoy a churchlease in  moieties under a agreement that there shall be no benefit of survivorship upon  the last renewal the lease be take in both their name and no express agreement  against survivorship the plaintiff husband be sick by deed assign his moiety  of the lease to his wife and by his will devise it to her the grant to the  wife be void and the devise will not sever the jointtenancy the plaintiff late  husband and his ancestor have together with the defendant and his ancestor  long enjoy a churchlease in moieties and have several time Vernon chancery  case er p renew it under a agreement that no advantage shall be take of  survivorship but on the last renewal of the lease by the plaintiff testator  and the defendant there be no express agreement make to bar survivorship the  plaintiff late husband fall ill f the small pox send for a schoolmaster and  intend to sever the jointtenancy make a grant or a assignment of his interest  to his wife the plaintiff and likewise by will devise it to her it be not  devise by the will r l the plaintiff bill be to be relieve against  survivorship and it be insist by the plaintiff counsel that the new lease  shall be presume to be take under the same agreement as the former lease be  videlicet that no advantage shall be take of survivorship or that the court  upon the circumstance of the case shall supply the defective grant or  assignment to the wife per cur the grant to the wife be absolute void in law  Vernon chancery case and the will can take effect to prevent survivorship and  no agreement appear to exclude it the court dismiss the bill the cause come on  the that Nov and stand over till this day for the production Reg lib b fol  where the case be state and afterward come on as above Reg lib b fol which  contain mere the order for dismissal
case Mr baxter case a defamatory write express only part of a title as the  bishop may if from the nature of the libel the meaning be clear be apply by  innuendo to the bishop of England  SC Trem S c state trial App Mod ld ray Bac  Abr hawk p c salk ld ray Bac Abr Cowp he be a nonconformist minister against  who a information be exhibit for write a book which he entitle a paraphrase  upon the new testament the crime allege against he in the information be that  he modern intend to bring the protestant religion into contempt and likewise  the bishop innuendo the bishop of England do publish the libel in which be  contain such word c set forth the word he be convict Mr William move in arrest  of judgment First that the word in the information and the bishop therein  mention be misapply to the protestant religion and the bishop of England by  such innuendo which can not support this charge against the defendant second  that the distringa and habeas corpora be inter our et richardum Baxter which  can not be because the information be exhibit in the name of the  attorneygeneral but the court overrule these exception and say that by the  word bishop in this information no other can be reasonable intend but the  English bishop the court thereupon fine he five hundred pound and order he to  give security for his good behaviour for seven year
case Mr clavering case Lord Macclesfield Eq can ab pl court tender of  discharge a supplicavit upon a motion for a supplicavit at the suit of Mr grey  of Newcastle barrister at law upon article file on oath of assault and battery  against Mr Clavering and that he go in fear of his life Lord chancellor grant  the writ which command the party complain of to find surety for the peace for  a twelvemonth and order it to be endorse for pound which the party and his  surety shall be bind in afterward Mr solicitor general and Mr mead move to  discharge this order or at least to lessen the sum Mr Clavering be only tenant  for life of his estate and mention the peer William statute which give cost in  case of a groundless and vexatious complaint of this nature James cap Lord  chancellor I will not discharge the order for then Mr Clavering may kill the  man the court interpose in this case to prevent mischief and to save life and  it be a order of course if the party complain of vexation he come too soon let  he stay till the year be out and behave himself quiet all that time it seem  that Mr Clavering be a man of a turbulent and dangerous spirit that his friend  or neighbour be afraid to be bind for his quiet behaviour and if the sum be  too great for his circumstance there ought to be a affidavit to prove this  inability wherefore deny the motion so king v king ves it seem the master of  the roll general refuse to grant this writ direct the party grieve to apply  elsewhere videlicet to the justice of the peace ex part Lewis mose ex part  Gibson mose and see ex part Grosvenor post vol Snelling v flatman dick Heyns  case v b Dobbyns case v b Tunnicliffs case James W
case Mr h t case enrolment of deed where evidence note in this case holt chief  justice declare first that whenever a copy of a deed shall be allow as  evidence there the enrolment of a deed for safe custody shall be so allow  second that a copy of a deed be good evidence where the deed be lose burn c or  be almost wear out modern report or obliterate because in those case there be  plain evidence of the deed itself three that the evidence of a copy of a deed  enrol be only conclusive to those that acknowledge it therefore it be  necessary all party to it acknowledge it and then it amount in effect to a new  deed fourthly that it be also necessary where a man evidence consist in such  copy that he have a covenant from the party that have the original to produce  they whenever he may have occasion for they
case Mr parkinson case a mandamus do not lie to restore a person to a  fellowship in a college when there be a visitor S c comb S c Carth S c show S  c holt post Mod side ray lev Mod Mod Mod Mod Mod Mod pale yellow e r fitzg  Peer wms stram stram fort stram ld ray burr Com dig mandamus a Com dig visitor  b Bl Rep term Rep notorious facts term Rep notorious facts a mandamus be move  for to restore he to a fellowship of Lincoln college in Oxford be a member of  a lie corporation and have a freehold in it the like mandamus have be grant to  restore dr Goddard to the place of one of the fellow of the college of  physician in London which be a lie coporation but it be deny by the court for  the visitor be the proper judge and when a man take a fellowship he submit to  the rule of the college and to the private law of the founder it be deny by my  Lord hale in dr Robert case because in all lie corporation the founder and his  heir be visitor and in all ecclesiastical corporation the bishop of the  diocese be the proper visitor who be trust commissar and from who sentence  there be no appeal to this court especial in the case of a fellowship of a  college which be a thing of private design and not at all concern the public  modern er p
case mrs pool case custom of London to sue a femecovert trade as a femesole a  habeas corpus be direct to the keeper of the compter to bring up the body of  pool to which they return the custom that a femecovert sole trade shall be sue  as a femesole and that the husband be neither Chargeable in body or estate Mr  Salkeld object that the custom be have because unreasonable for the husband  may take her good c and if she be liable for debt and not have her own good to  satisfy they then she may be detain in custody without possibility of ever be  release but per curian the husband have nothing to do with the good or money  which she trade and those be liable to debt as she may be sue as a feme sole  so may she sue sole for her debt owe to her within the city but for those due  to her else modern report er p where the husband must join a Moreton v packman  Mod Langham v the wife of John Blewet cro car lavie v Phillips burr S c black  Rep jarman v Woollaton term Rep Cawdel v shaw term Rep a if a woman be find  guilty of a battery and fine the husband shall not be liable
case Mulgrave against ogden trover will not lie for negligent keep any thing  but if the thing he use or abuse it be a conversion Ro ab   light a Bulst  content bull n p salk Mod Cas strange term Rep t Rep action sur trover of  twenty barrel of butter and count that he tam negligent to watch that they  hecame of little value upon thisit be demurrer and hold by all the justice  that no action upon the case lie in this case for no law compel he that find a  thing ro keep it safe as if a man find a garment and suffer it to he motheaten  or if one find a horse and give it no sustenance but if a man find a thing and  use it he be answerable for it be conversion so if he of purpose misuse it as  if one find paper and put it into the water c but for negligent keep no law  punish he el adjournatur
case munes and GOMECERA in court Lord chancellor see ant Cas Cas Mr  attorneygeneral for the defendant the case in side Cas be wrong report and I  have examine the record and it be a writ of error bring in b r of a judgement  in c b can and it be so report in keb Lord chancellor it be a jest to say  since the statute give the exchequer Chamber a power to examine the judgement  on a writ of error that they can try any plea in bar they may direct a venire  fac for the jury to appear before they and try it themselves however on this  motion I shall not determine whether they can or no so let the order be argue  Monday February the saint
case Murphey versus balderston January SC barn Charles a representative of a  person who have obtain a order to tax a bill can revive it only on a undertake  to pay to bring a defendant into contempt on a order of taxation you must  leave a copy at his house and the report of the sum at which the bill be tax  if a person apply to this court for a order of reference to a master to tax a  bill upon a undertake to pay and the person who obtain the order die his  representative shall not revive it but upon the same term the undertake to pay  vide g c a act for the better regulation of atorneys and solicitor in the d  section relate to bill of cost a solicitor must leave a copy of the execution  of the order for taxation and the master report of the sum at which the bill  be tax at the defendant house or it will not bring he into contempt without  such service for the act of parliament do not alter the old method of proceed  in this respect though several clerk in court be of opinion that a attachment  will go forthwith upon nonpayment of a bill tax under a order of chancery by  this act of parliament yet I be of opinion that the defendant ought to be  serve for it will be absurd to take he into custody before he know what the  sum be at which the bill be tax this case be more full state in barn Charles  Reg lib b fol
case murray versus wife all roll Abr pl Eq Abr pl S c Eq Abr and vern S c wms  wms case tempt Talb vezey vezey atk atk comens dig vol cowpers Rep brown  parliament case bro p g and ed S c as in Cowper brown Rep e contra post roll  Abr pl cro car wms Vid douglas Rep to a devise pound to his heir at law and  give his wife all the rest and residue of his real and personal estate and  make her executrix these word pass a fee to the wife a by will devise pound to  the defendant his daughter and heir and give all the rest and residue of his  real and personal estate whatsoever to his wife and make her sole executrix  precedent in chancery er p it be argue that these word do not pass a fee be  join with the word personal estate for which be cite cro car Wilkinson versus  Merryland Mod and heylin versus heylin ibidem and carter versus Horner Mod and  the earl of Bridgwater and duke of Bolton salk but after some time take to  consider of it my Lord keeper decree that this devise carry the fee for the  instance in which a fee will pass by deed or grant without the word heir  consult viner Abr title estate king l l as to the pass of a estate of  inheritance in last will and testament without the word heir see viner Abr  title devise z a and gilbert law of devise
case murrel against smith a copyhold be not destroy by a severance of the  inheritance of the copyhold from the manor ante post SC   b   see pale yellow  ten   cro James Com dig Bac Abr term Rep ejection firm vide   b the court hold  that he remain a copyholder as before and the heir may enter without  admittance yet shall pay his usual fine and do all his service except suit at  court for that be go by severance from the manor and shall he subject to  forfeiture as waste c and Fenner justice say that he may surrender his estate  to the grantee of the freehold to the use of the grantee for he have the  reversion but can not surrender to the grantee to the use of another nor the  grantee can grant it by copy to another so the copyholder must always keep it  in his hand but quoere of this and the other justice give no opinion of this  point
case murry versus wise ux Nov Eq can ab pl pre Ch S c a devise all the rest  and residue of his real and personal estate whatsoever this will pass a fee  Robert not devise unto his daughter mark wise pound to be pay in three month  all the rest and residue of his real and personal estate whatsoever he give to  his dear belove wife whether not who he make the sole executrix of his win  question be whether the inheritance of the real estate or only a estate for  life pass to the wife who have make her will and devise all her estate to the  plaintiff murry Lord keeper decree the inheritance of the real estate to the  plaintiff vide the case of carter and Horner modern report Hanchett and  Thelwall in Mod report and Hyley and Hyley there be a entry of a cause of the  above name and date for a account of real and personal estate but the above  question do not appear Reg lib b fol vide hook v tailor ante and case cite in  note there
case Musgrave against escourt nonsuit holt chief justice a man may be nonsuit  in termtime and the record make up in the vacation but it must be on the roll  of the precede term
case Musgrave versus Dashwood eoden die in court Ant case the case be that a  copyholder for life where there be a widow estate by custom agree to sell his  estate and enter into bind that the purchaser shall enjoy the bill be bring by  the purchaser against the widow to bind her by this agreement but the court  dismiss the bill with cost but a feme may be bind by a settlement of a  jointure in lieu of her free bench though not express mention to be in lieu  thereof and that though she be infant at the time of the article and not a  party to they jordan v savage Eq can ab pl et vide as to the nature of free  bench walker v walker ves Hinton v Hinton ves Jacob law Dict Tomlin Edit verb  Freebench for if such contract for copyhold shall be decree all lord will be  defraud of their fine c vide Inst b Hinton v Hinton ves and put the case if a  joint tenant agree to alien and do it not but die it will be a strange decree  to compel the survivor to perform the agreement vide Burnett v kinaston pre Ch  Bacon tract Vernon chancery case de term S the number three in curian porter
case musket against coal in a action to recover damage for the detention of  bind and bill they I need not he special show assumpsit and declare that in  consideration the plaintiff have pay to the defendant forty pound for the debt  of I musket his son the defendant assume to deliver to he all the bill and  obligation in which the say I musket be bind to he and allege in facto a  request and denial to deliver c and upon non assumpsit it be find for the  plaintiff and it be move in arrest of judgement that the plaintiff have not  aver croak Elizabeth that the defendant have any bill of obligation of the say  I musket in his hand and if he have none the plaintiff be not damnified Henry  pl Elizabeth dyer Godfrey for the plaintiff say that when it be allege that he  require the defendant to deliver they in this it be imply that he ad some bill  c and the plaintiff need not show they special gawdy justice the plaintiff be  not to recover the bill c but only damage and so need not alled ge what the  deed be as the case in Edward pl and Edward pl the difference take where he be  to recover damage and where the land and here it may be give in evidence what  bill c he have and the plaintiff have judgement croak Elizabeth er p
case must and alice his wife aqainst butler Trinity term car roll a  declaration in slander state a colloquium of a and b and that the defendant  say a have steal my good and she innuendo the plaintiff be privy thereto be  sufficient certain Cowp action for word whereas there be communication betwixt  the defendant and I S of one sibyl Goodwin and of Alice the plaintiff that the  defendant speak these word of the say sibyl and the say Alice sibyl Goodwin  innuendo the say sibyl Goodwin have steal away such good mention what they be  and she innuendo the plaintiff be privy and consent thereunto after verdict  upon not guilty and find for the plaintiff it be move in arrest of judgement  that the communication be of two and not special of Alice but she innuendo the  plaintiff there can be any reference to the plaintiff so the word do not  appear to be speak of her and the innuendo will not help and cite for that   b  Robert case but the court hold it be certain and sufficient allege for the  word be croak car er p to be refer one one and when it be say sibyl Goodwin  steal such good and she innuendo the plaintiff be privy and consent c this  word she can be refer to sibyl but to the plaintiff and for the word that she  be privy and consent to the steal of the good there be good cause of action  for she accuse her to be accessary whereupon it be adjudge for the plaintiff
case mustard against hopper a declaration on a positive promise can be support  by evidence of a conditional profnise ante dougl term Rep assumpsit the  plaintiff declare that in consideration the defendant shall enjoy such good c  he will pay the party l the jury upon non assumpsit find that he promise to  pay if he enjoy such good c and it be adjudge for the defendant because the  plaintiff declare of a absolute promise and the jury find a conditional  promise
case MYLWARD against watts if there be a material variance in the second from  the first declaration it can be amend ante post roll ab Com dig dougl term Rep  error of a judgement in the common plea in a ejectment the error assign be  because that in the first declaration be declare of a lease December James  habendum ad eoden die for three year and the ejectment be the that of January  follow and in the second declaration after imparlance be declare of a lease  make the that of January habendum from the that of December before for three  year so he have one time from the beginning of the term and the end of the  term and this be after verdict it be move to be aid by the statute of  Elizabeth c for it shall be intend that the judgement be give upon the second  declaration and without original but the court resolve upon conference with  the prothonotaries that the first declaration be the material declaration and  this be variant from the latter in substance the judgement be erroneous and  for that cause be reverse a see now car c Ann c lev will croak James er p
case MYNN against Coughton and his wife if a defendant be rescue after be take  upon a can sa the plaintiff may have all action for the misfeasance against  the rescuers ante post hetley Hutton cro James   more Henry a salk Com dig Com  dig espin dig action on the case whereas the plaintiff have recover a debt of  thirty pound against t d and do thereupon sue forth a capias ad to give  satisfaction and deliver it to the sheriff of the county of Cambridge who have  arrest and take he in execution by virtue of the say writ that the defendant  have rescue he out of the say execution by mean whereof he go at large and can  since be find so as the plaintiff be defraud of his execution upon verdict  find for the plaintiff it be move in arrest of judgement that a action on the  case lie not against the defendant for this rescous by the plaintiff who  recover but his remedy be against the sheriff in debt or action upon the case  and the sheriff ought to have this action against the rescoussors for there be  not alley reason the defendant shall be twice punish as they shall if the  plaintiff shall maintain this action against they Hutton and Yelverton be of  that opinion but Richardson chief justice Harvey and myself hold that the  action well lie for the plaintiff for he be the party who have the loss and to  who the injury be do wherefore in reason he ought to have the action and not  be enforce to sue the sheriff for perhaps the sheriff be dead and then no  action lie against his executor wherefore it be just that the plaintiff shall  take his election and if he recover the party may plead it if they be sue by  the sheriff so as there be not any danger of be double charge wherefore it be  adjudge for the plaintiff a
case naby against John shepherd executor of Edmund shepherd refer to r v  inhabitant of Wooldale Q b Rep if a declaration be of a deed execute in the  name of Edmund in which he be name Edward the variance be fatal ante post SC  godb roll ab Lutw Henry pl roll ab Owen cro Elizabeth salk debt upon a  obligation for forty pound by Edmund shepherd the defendant demand oyer of the  deed and of the condition which be enter in haec word noverint whole world per  present circumstance I edwardum tender c in forty pound and he subscribe it by  the name of Edmund shepherd which be his true name the defendant plead non be  factum testator the jury find that it be the deed of the say Edmund shepherd  the testator croak James er p it be move that notwithstanding the verdict be  find for the plaintiff yet the judgement ought to be give against the  plaintiff for he declare upon a bind by Edmund shepherd and show a bind of  Edward shepherd which be another person and they never be the same but  distinct name and although it be subscribe by the name of Edmund yet that be  no part of the bind which be apparent to the court the plaintiff can have  judgement but ought to be bar the whole court be of that opinion and although  the jury have find it to be the deed of the say Edmund yet that will not help  it but he ought to have bring his action accord to the bind wherefore it be  adjudge quod to express grief nothing to take in hand per billiam vide dyer in  marge Shotbolts case and Watkins v Oliver ante
case nalett against Stukele a amendment may be make in the record after error  allow defendant shall not take advantage of his own wrong on a writ of error  motion be make after a writ of error to amend a mistake in the return day as  proxime post when it shall have be in tomorrow and also the omission of  viscount and the award of the writ of enquiry be therefore teaching be grant  and order that the defendant in the action do file bail for that be his work  and he shall not take advantage of his own wrong upon a writ of error
case nash against molins a priory discharge of tithe at its dissolution  continue so discharge in the hand of the king patentee and evidence that it  have never pay will prove the prescription post bunb wood Inst burr vide  porter v Hathurst cro James prohibition for sue for tithe in Bockingpark in  Essex and surmise that the land be parcel of the possession of the priory of  christchurch in Canterbury and that the say prior and his predecessor have  hold it discharge of tithe tempore disintegration and plead the Henry c the  defendant plead that the prior and his predecessor do not hold they discharge  upon this issue be join and be try at bar it do appear upon the evidence that  the prior or his predecessor time out of mind never pay tithe but no cause be  show by unity of possession real composition or other cause to show it  discharge coke say it be no evidence croak Elizabeth er p for it be a  prescription in non decimand Curitt contra for a spiritual man may prescrihe  in non decimand and by the Henry c he shall hold it discharge as the prior  hold it and if he hold it discharge non refert by what mean for it shall he  intend by lawful mean and the jury afterward find for the plaintiff
case Nathaniel SPINDLAR plaintiff edward Wilford and Priscilla executrix of  george Adam defendant Lord chancellor Feb a rend out of a copyhold alien by  surrender and admittance for a valuable consideration good in equity mercy  thorn in surrender a copyhold tenement to the use of Adam Johnson and his heir  on condition that Johnson and his heir shall pay abet Peterson and his heir  per annum for ever and in default of payment the use to Johnson and his heir  to be void and to be to the use of Peterson and his heir Johnson be admit and  there be several alienation of the cop hold tenement by surrender and  admittance and there be also alienation of the pound per annum rend which have  always be do too by surrender and admittance on assign the rend the plaintiff  be the last surrendee of the rend and the defendant Wilford and his wife be  tenant in possession of the copyhold and deny to pay the rend and the bill be  to force they to pay it the defendant demurrer and insist that the plaintiff  title be by several mesne surrender of the per annum and the admittance  thereupon be not good so that the per annum be a rend create de to make new  and no copyhold or customary interest can not pass in that manner and the  plaintiff have no title in equity but for the plaintiff it be insist that  though in strictness the rend will not Vernon chancery case er p pass in law  of surrender yet the surrender and admittances be evidence of the agreement  for the sale and the plaintiff be a purchaser and ought Vernon chancery case  therefore to in equity and the Lord chancellor be of that opinion and overrule  the demurrer and that October it be decree for the plaintiff that the  defendant shall pay the pound per annum and arrear and cost to be tax Reg lib  b fol b as to surrender on condition vide Mappletoft v Mappletoft pale yellow  Eq Rep wood v Pesey vin ab pi Portman v Seymour Mod
case neal against spencer a action on the case for arrest without cause of  action will not lie unless he be hold to excessive bail post a action on the  case for arrest the plaintiff without cause of action and per curian action  lie not if it be not that he be hold to excessive bail and of that opinion be  hale and Vaughan against Hobart levinz at the bar say be know it adjudge in my  Lord hale time that a a see ld ray ld ray will Powell on power page to and the  case of pugh v the duke of Leeds Cowper a this case be in the court of common  plea b see king v Tooley post modern report er p action will lie for arrest  one where nothing to withhold well salten non so much and hold he to excessive  bail a and Treby chief justice cite reeves case soon after the restoration  where it be hold by the judge in opposition as he believe to Oliver judge that  it will not lie for arrest without cause and hold to special bail but the  contrary have be adjudge since and judgement here for the defendant a  exception have be take to the declaration that it be quod cum c Powell justice  say most of the precedent in case be so but without doubt it will he have in  trespass Blencow and Treby justice say they can see no difference
case neal and his wife against mallard word actionable case for scandalous  word speak of the plaintiff wife videlicet I have lie with her and pockified  her hold actionable
case near be case a second nisi prius grant after judgement with a caution not  to impanel any of the former jury cro James a nisi prius be grant after issue  and afterward a supersedeas be award and notwithstanding the party proceed  with the nisi prius the justice not know of the supersedeas and the issue be  try for the defendant and now this term the plaintiff pray a new nisi prius  and upon the same venire facias that the former be for the trial upon the  first be void and in person non judge for the justice have not power to  proceed by reason of the supersedeas and a nisi prius de to make new be grant  a now by and Ann c in civil suit and Geo c in penal action every venire facias  shall he award from the body of the county in which the action be triable see  Mr hargrave note   light a croak Elizabeth er p but the justice say that the  plaintiff be to take good heed that he have none of the principal pannel which  pass in the first trial for it be a principal challenge that he be in the  first trial
case near be case it be a contempt to make a arrest in palace yard to sit  Curid S C lev one long be arrest in the palace yard not far distant from the  hall gate the court be then sit and be a attorney of this court he together  with the officer be bring into court and the officer be commit to the fleet  that he may learn to know his distance and because the plaintiff be a attorney  of the court of king bench who inform this court that his cause of action be  for two hundred pound therefore the court order that another of the sheriff  bailiff shall take charge of the prisoner and that Mr Robinson the chief  prothonotary shall go along with he to the court of king bench which be do and  that court be inform how the case be dischar ed the defendant upon fill of  common bail modern the writ upon which this long be arrest be a attachment of  privilege which the court suppose to be make on purpose to oust he of his  privilege for there be another writ against he at the sheriff office at the  suit of another person
case needler against SYMNELL and his wife Trinity term car roll quod Self non  are cul be a good issue by husband and wife for the offence of the wife only  S C Jones roll ab cro James cro Elizabeth hob Brownl palm sand cro James post  roll Ro Rep action on the case for word whereas the plaintiff be of good name  and fame and a citizen and freeman of London and for twenty year have use and  yet use the trade of sell of cruel without any deceit that the defendant wife  say these word thou art a cheater and have cheat my husband of five hundred  pound the defendant plead quod Self non are ind worthy of blame and find for  the plaintiff and damage forty pound and it be now move in arrest of judgement  first that the issue be not well join for be for word of the wife the issue  ought to have be self non be ind worthy of blame say non allocatur for the  husband and wife be charge as for the wrong of the wife so the issue quod Self  non are ind worthy of blame be well enough second it be move that for these  word a action lie not for the word do not touch he in his profession as a  tradesman nor be apply to he for cheat he in his trade but it may be that he  cozen or cheat he at dice or by sale of land and to say that one cozen or  cheat he a action lie not no more for a tradesman than for any other person  and it have be so resolve and adjudge in sir William Brunkers case a and gorge  case b all the court be of that opinion they deliver their opinion seriatim  wherefore rule be give to enter judgement for the defendant unless c a it be  move again and adjudge for the plaintiff post a cro James b cro Elizabeth more  Hutton croak car er p
case nelson against bael a award that one of the palties shall pay the  attorney bill be good upon a action upon a arbitration bind a exception be  take to the award itself to wit it be say in the award that the defendant  shall pay the expense charge and fee of the attorney modern the defendant  insist that this be uncertain these word not be refer to any certainty as  taxation by the prothonotary c and by this award he be to pay the attorney  expense and fee be they ever so large or extravagant and that therefore this  be void for incertainty will chief justice though part of a award be void yet  the other part may be very good unless it have a necessary dependence upon  that which be void for if so all of it will be void otherwise not as to the  incertainty complain of in this award I think it be none and that the  direction of the arbitrator that Nelson shall pay the expense and cost c of  the attorney be good because it may be ascertain by law by a proper officer  and that the word cost can mean only the cost of the suit which may be reduce  to a certainty by a taxation if the thing to be pay can be ascertain without  another suit be bring it will be void and bad because instead of end suit and  controversy it will increase and multiply they but the breach assign here be  that Nelson do not pay one shilling which modern er p he be award to pay to  the defendant which be a distinct part of the award and may be good though the  other part of pay the expense and cost c of the attorney shall be uncertain  and bad but I think it be not for one part of the award be void will not make  the other so too unless dependent on it judgement be give for the defendant  that it be a good award a modern trinity term the thirteenth of George the  second in the king bench sir William lee Knt chief justice sir Francis page  Knt sir Edmund probin Knt sir William chapel Knt justice sir Dudley rider Knt  attorneygeneral sir John strange Knt solicitor general
case nelson against collins error on a blank declaration yet judgement affirm  a writ of error out of the common plea the error assign be that in the  declaration it be Collins per Bushby attornatum suum without any Christian  name holt chief justice say that he remember a case where it be assign for  error that the attorney by who the party appear be no attorney of that court  but it be disallow for error and that be not the merit of the cause and may be  help by the late Act it be after verdict the judgement be affirm
case nelson and bugg against uvoodward see the commencement of this case ante  page case A com position by parole that in consideration of pay to the parson  land shall be discharge of tithe during the parson life be not good ante Ro ab  say vide yely cro James and Com dig contra Bac ab Bac ab prohibition the case  wasmoved again gawdy justice hold that consultation shall not he grant for it  be as a contract for tithe to come which may he without deed and may he for  life or year and it be a contract that go in discharge of payment of tithe but  a lease or grant of tithe must he by deed Henry pl and herea prohibition lie  to avoid circuity of action and of this opinion be Clench justice Wray chief  justice and Fenner contra that this be a sale and can be without deed and a  grant and contract for tithe be all one but a sale for one year may he of  tithe without deed a and it be not reason he shall make a deed to every one of  his parishioner for each of their tithe for a year and Wray chief justice say  he have confer with the justice of his house and they be of his opinion and as  to the circuity of action the plaintiff here can have no action upon the  promise for this be make with p and although they be assignee of the land yet  they can have no action et postea in easter term Elizabeth it wall adjudge for  the defendant that this agreement can be without deed and the assignee have no  colour to take thereof advantage and a consultation be grant
case netter against PERCIVALL brett Michaelmas term car roll consultation  award nisi to prove a will of land and good where the land be charge with  payment of certain legacy ante post Jones roll ab salk Mod hard Cowp  prohibition be grant to stay a suit for the probate of a testament concern  land and good wherein the land be charge with a condition in part for payment  of certain legacy it be pray to have a consultation Jones and Berkley justice  agree that they shall have a consultation because the probate of testament  proper appertain to the spiritual court and the probate or nonprobate can be  any prejudice to the heir nor to he who claim the land by the devise and a  inconvenience will ensue if there shall not be a probate concern the personal  estate that the executor may not have any action for debt nor dispose of the  good and therefore Jones say he have see the record of the marquis of  Winchester case a where the will be for land and good consultation be grant  general but I doubt thereof because the land be the principal and they have no  authority to meddle with any will concern land and there may be a  inconvenience if the will there shall be countenance or discountenance concern  the land and because there be a prohibition grant I be of opinion the party  ought to pursue the usual course which be that the defendant shall appear and  the a   croak car er p plaintiff declare and then upon demurrer it may be  adjudge and not upon a motion but the other two justice Richardson chief  justice be sick and absent give a rule that if other matter be not show c  consultation shall be award b
case neve versus weston and his wife August in the paper of plea and demurrer  whoever come in before a master under a decree be quasi a party to that suit  and if he bring a new bill a plea that the former suit be still depend will be  allow a bill have be bring by a single creditor in behalf of himself and other  creditor against the executor of William northmore and the devisee of his real  estate the present plaintiff come in under the decree in that cause before the  master and prove his debt and now bring his bill in the name of himself and  other creditor of William northmore against his devisee and executor and make  his heir at law a party who be not so to the other suit the devisee and  executor plead the former suit be still depend Lord chancellor a man who come  in before a master under a decree be quasi a party to that suit the present  plaintiff do not by his bill make any case to show it be absolute necessary  that the heir at law shall be bring before the court and therefore allow the  plea Reg lib b fol vide law v Rigbey bro Charles Rep
case Nevil against pain in quo warranto it be a mistrial if the venire he of a  will where the prescription be in right of a manor and the postea shall not he  certify t Rep quo warranto sue by Nevil in the name of the queen against the  defendant for claim a leet within the manor of Medburne the defendant plead  that he be seize in fee of the manor of Medburne and claim the leet there by  prescription and the v venire facias they be at issue upon the prescription be  award of the will of Medburne and try against the queen and it be upon motion  adjudge a mistrial for the prescription be that he have a leet within the  manor of m and issue join croak Elizabeth upon it the visne be to he of the  manor of m and not of the croak Elizabeth er p village of m for there be no  mention of a village in the record and the v venire facias may well he of the  manor and then it be pray that the postea may he certify but because it be  mistried and so upon the matter no trial and be against the queen it be order  the postea shall not he receive for if it shall the defendant may exemplify  the verdict as duly try and it will he a evidence against the queen which  shall not he suffer
case Nevil against Seagrave Trinity term Elizabeth roll tender of amends for  damage fail be good after impound post   a contra   hetl cro James hob Bl Com  replevin the defendant avow for damagefeasant the plaintiff reply that the day  after the distress take he tender sufficient amends sure sixpence which the  defendant refuse upon which the plaintiff demurrer because the tender be not  before the impound gawdy the tender be good although the cattle he impound and  if the party that distrain refuse it the owner may take they out of the pound  and it be clear if the tender be before the impound e may take they quod to be  concession whereupon the court give day to the def en daunt to show cause to  the contrary otherwise judgement shall he give for the plaintiff but Tanfield  at the bar say it be adjudge in sir Henry Cromwell case in the common plea  that tender after impound come too late
case Nevil against south and DELABARRE in the exchequer Chamber error do not  lie to the exchequer Chamber by Elizabeth c on a judgement in to know facias  ante post roll ab roll Rep vent salk cro James ld raym Mod comb Bac Abr say  vide wright v nut I term Rep term Rep error bring in the exchequer Chamber of  a judgement in a to know facias by a executor to have execution of a debt  recover by the testator and it be now move that the record be not well remove  for no writ of error lie there upon a judgement in a to know facias for the  statute Elizabeth c give it only in seven several case videlicet in suit or  action of debt detinue covenant account action upon the case ejection strong  or trespass so a to know facias be not mention and it have be adjudge that  error lie not there of a judgement in a to know facias against bail nor in a  writ de temptation to sin great man but the court doubt whether this to know  facias be ground upon a judgement in a action of debt be not within the equity  of the statute therefore they will further advice
case Nevil all versus johnson all Nov Eq can ab pl S c the creditor of Lord  Lovelace obtain a decree for payment of their debt and to set aside some  conveyance gain by fraud and sir Henry Johnson and the legatee be make  defendant the legatee have bring their bill against sir Henry Johnson the  question be if the deposition in the former cause touch the fraud can be read  in this per cur the question be the same in both cause and sir Henry Johnson  defence the same the deposition ought to be read the Lord Lovelace by will  devise his real estate for payment of debt the surplus to the plaintiff the  creditor bring a bill for the payment of their debt and to set aside several  conveyance fraudulent obtain and make sir Henry Johnson and his wife and also  the legatee defendant and obtain a decree for payment of their debt and to set  aside the conveyance as undue obtain by sir Henry Johnson now the legatee  bring their bill against sir Henry Johnson and his wife pray to set aside  conveyance and to have a account of the surplus of the estate the question be  whether the deposition take in the former cause as to the fraud and undue  obtain of the Vernon chancery case deed can be read in this cause for the  legatee against sir Henry Johnson ux who be codefendants in the former cause  per Lord keeper and master of the roll there be the same question in both  cause and sir Henry Johnson defence be the same in both cause the deposition  ought to be read Nov entry of a order on the part of the plaintiff to examine  witness v go a voice as to the execution of certain deed by the late Lord  Lovelace but no point state Reg lib b fol and afterward that Feb the case and  decree be full state but nothing appear relative to the above point Reg lib ub  sup fol vide coke v fountain ante Vol Barstow v palm pre Ch
case Newhouse versus Milbank eoden die prohibition to a inferior court for  hold plea of a matter out of their jurisdiction a prohibition grant to a  inferior court upon a suggestion that they hold plea of a matter out of their  jurisdiction vide on this subject Cox case p wms anon ibidem Vernon chancery  case er p
case newma against more in error on a second deliverance the writ must be  certify and if it vary in substance from the declaration in replevin it shall  be abate roll ab hob Inst vent Bac ab error of a judgement in the common plea  in a second deliverance the error assign upon demurrer in plead be because  there be not any writ of second deliverance certify and in nullo be erratum be  plead Coventry the king solicitor move that it be not material for it be award  on the roll and the party appear and plead thereto it be not now material but  it be adjudge to be ill and reverse for that cause for there ought to be a by  Henry c and Henry c croak James er p a writ and if it vary in substance from  the declaration in the replevin it shall be abate wherefore it be reverse by  car c in a avowry for rend the writ of second deliverance be take away ld raym
case newma versus auling November see tew v earl of Winterton Ves Jur not  follow Torre v brown h l c a bill for the arrear of a annuity of secure by  bind in the penalty of pound a account decree of the arrear due since the year  and interest at per cent to be compute at the end of each halfyear as this be  give by way of maintenance and a bind to secure the payment the plaintiff be  clear entitle to interest for the court have go further in a annuity give for  maintenance and decree interest though it be only a bare simple grant of a  annuity without any power of enter if in arrear a bill be bring for the arrear  of a annuity of pound a year give to the plaintiff and her late husband during  their joint life and to the survivor and secure by a bind in the penalty of  pound by her late father during the life of her say father and mother and the  life of the survivor and he secure it by bind the defendant be devisee of the  real and personal estate of the donor which be charge with the payment of his  debt Lord chancellor decree a account of the arrear against the defendant  which be due ever since the year and interest at four per cent to be compute  at the end of each halfyear and say as this be give by way of maintenance and  a bind with a penalty for secure the payment the plaintiff be clear entitle to  interest upon the arrear for the court atkins have go further where a annuity  have be give for maintenance and decree interest though it be only a bare  simple grant of a annuity without any power of enter if charge upon real  estate and in arrear or if secure upon a penalty to enforce the payment out of  personal estate Reg lib b fol vide Litton v Litton p W batten v Earnley p W  Ferrer v Ferrer can tempt Talb the draper company v Davis atk Robinson v come  ibidem morris v Dillingham Ves anon Ves tew v earl of Winterton bro Charles  Rep Ves Jun S c
case newma versus barton Jan Eq can ab pl S p where asset fall short legatee  shall refund to unsatisfy creditor but where a executor have make voluntary  payment to a legatee he shall not make he refund otherwise if the executor pay  a legatee by compulsion the question be whether a executor shall compel a  legatee to refund and the case of grave and Bainson cite where one legatee be  pay in full his whole legacy and there want asset to pay the other legacy it  be decree for the benefit of the unsatisfy legatee that the legatee who have  receive his full legacy shall refund and be pay only in proportion and the  case of Hodges and Waddington where a creditor compel a legatee to refund  Vernon chancery case er p per cur a creditor shall follow the asset in equity  into whosesoever hand they come but where the executor have voluntary pay the  full legacy and afterward asset prove deficient to pay the other legacy they  conceive neither the executor nor any of the other legatee shall compel he to  refund but if the payment have not be voluntary but he have recover his legacy  by decree there he shall have refund vide Noel v Robinson ante vol anon ibidem  this appear to be the doctrine general lie down say vide dict per Raymond Ch  just contra Edward v freeman p wms Atkins v hill Cowp
case newma versus johnson Eq can ab pl S c my debt and legacy be first deduct  I devise all my estate real and personal to I S this amount to a devise to  sell for payment of debt a man seize of copyhold land surrender they to the  use of his will and then by his will say videlicet my debt and legacy be first  deduct I devise all my estate both real and personal to I S and hold by the  Lord chancellor that this shall amount unto a devise to sell for the payment  of his debts Vide Elliot v Merriman Barnardist Rep the word my debt be first  satisfy or I will that all my debt be just array be former hold to constitute  a charge of debt on the real as well as personal estate vide Trott v Vernon  pre Ch post vol Clowdesley v Pelham post Bowdler v smith pre Ch Harris v  Ingledew p wms and case cite in note there but for the present state of the  law on the subject vide the case cite in note to Clowdesley Pelham ub sup see  also Powell v robin Ves Noel v Weston v b Clifford v Lewis mad where all the  modern case on this subject be collect Sanderson v wharton price in this case  it be say by Mr solicitorgeneral that a parole declaration be sufficient to  subject land to the payment of debt where a man have but a equity only Qure  autem whether this may be do since the statute of fraud Vernon chancery case  er p
case news case where issuable matter be allege and no place mention it shall  he try where the action be bring I t Rep error upon a judgement give in debt  on bind in the court of Havering in Essex the condition of the obligation be  for the payment of to the plaintiff at his house at S in ken the defendant  plead payment at the day secundum form execution endorsamenti prtedict the  error assign be that the issue be try at Havering and not at S in ken but it  be say that this be no error for when a thing issuabfe be allege and no place  this shall he try where the action be bring and the word secundum form c refer  only to the time and not to the place for the place be not material payment be  make to the obligee himself and it do not appear but S in ken may he within  the jurisdiction of Havering for it be not say in the county of ken but at S  in ken and there may he such a place call ken in Havering afterward mich pound  Elizabeth the judgement be affirm d
case newton against roland a attorney executor shall not have privilege S c  salk S c ld ray debt against a attorney as executor who plead his privilege c  and upon demurrer it be urge for the defendant that the reason of privilege in  that case be in respect of his personal attendance which be equal whether sue  in his own or in auter law but by holt chief justice the authority be on the  other side in this case and the plaintiff have judgement nisi
case newton against trigg Michaelmas term James roll a innkeeper who general  deal be in oat hay straw c for the use of his inn be not a trader within the  statute of bankrupt although he be partowner of a ship let out on fraught SC  post SC Mod SC lev SC Carth SC comb SC salk trespass special verdict the point  be if a man who keep a inn and buy his provender c and vend they in his inn as  innkeeper be within the statute of bankrupt Tremaine sergeant urge that he be  not a trader within they a innkeeper can set his own prince but be bind to  reasonable prince a tradesman may sell to who he please a innkeeper can refuse  his guest cro James he do not get by buy and sell he get by the price and hire  of his lodging by the profit or use of his kitchen the profit from the stable  do not arise from the hay only but from the stand Pratt v crisp cro car march  a the building of ship make not a man a trader shower KB holt chief justice a  innkeeper seem to be different for he be not a universal trader to all person  but only to all traveller that come beside he be not capable of sell at his  own prince for this court or the judge of assize may set they he have not the  liberty of a free trader but I can see no difference between a London  innkeeper and one upon the road in the country dolbin justice the reason in  the case of crisp v Prat be because it be his own hay and his own oat here it  be find he buy all and therefore different he have a stock pro negotiand eyres  justice say he think the better opinion to be that he be out of the statute  say adjornatur b
case nicholas all versus Southwell all in court master of the roll where land  be devise for payment of debt the creditor may bring a bill for the execution  of a contract make by the testator for a sale of part of the land how the  estate in such a case be to be apply to pay the debt Nels vo Rep in cane Swinb  part sect cro can more Cas where land be devise in trust to sell to pay debt  the creditor be beneficiary and trust and may bring a bill for a specific  execution of a contract for a purchase of part of the land or to have the  benefit of any other agreement relate to the estate make by the testator in  his lifetime and it be decree in this case that the personal estate shall be  apply in the first place for the payment of debt if that be not sufficient  then the real estate in possession next in reversion then the specific legacy  and last the wife paraphernalia Tuesday June the that
case nicholas brown against nicholas low Trinity term James roll in a action  for these word you master brown have rob I any person of the name of brown may  maintain the action if it be aver they be speak of he although it be not aver  that he be the master of the person to who they be speak ante post roll Abr  action for word for that he speak of the aforesaid Nicholas brown these word  you master brown have rob I of all my good after verdict for the plaintiff and  damage find to five pound it be move in arrest of judgement that these word be  not actionable for he do not show that there be any communication croak throw  of the plaintiff nor that he be his master of who the word be speak nor that  he serve the plaintiff so non constat de mask say non allocatur for when it be  allege that he speak it of the plaintiff that be a sufficient certainty there  be also a sufficient demonstration of the person when he name his master for  it shall not be intend that he have more master of that name as it be object  at the bar that he may have wherefore it be adjudge a vide car c croak James  er p for the plaintiff but it be agree by the court if one say to I S you son  have rob I and his son bring a action he can without aver that he have no more  son maintain it a but if one say to a son you father or to a wife you husband  have rob I the action lie for the father and husband without any such averment  for there can be more father or husband
case Nicholls against TIRRETT bankrupt twothirds statute private SC ld ray  when one plead the statute will c of twothirds if he will take advantage of  the clause of be in custody he must show it to have be on the seventeenth of  November if of the clause of abscond he must show he abscond for debt at the  time of the statute make and holt chief justice say he take the statute to be  a private law for though it concern a great many yet it concern a particular  sort of people and here the plaintiff have judgement because the defendant do  not show in his plea that he have abscond at the time of the Act make but only  say it be on the seventeenth of November
case Nicholls v Nicholls Michaelmas vacation though a man be arrest by due  process yet if oblige to execute a conveyance while under arrest this court  will relieve though a man be arrest by due process at law if a wrong use be  make of it against the person under such arrest by oblige he to execute a  conveyance which be atkins er p never under consideration before this court  will construe it a duress and relieve against a conveyance execute under such  circumstance the statement of and decree in this case which be too long to be  state here appear full to warrant the above conclusion Reg lib b fol so roll  ab cite Edward b Wilkinson v Stafford Ves jun vide etian anon lev knight v  Norton Leon roy v duke of Beaufort post vol Ves
case Nichols against Hadger if word be too general no action lie more action  for these word you credit have been call in question and a jury be to pass  upon it thou foistedst in a jury early in the morning and the land thou have  be get by lewd practices  It be adjudge that no action lie for the word be too  general
case Nichols against paulet to a plea of alien enemy a replication non  stranger modus et form must conclude to the court and not to the country S c  Carth in a action on the case the defendant plead that the plaintiff be  stranger bear in France under the allegiance of the French king adversar  domini king et owner queen de patre et matre see show a enemy Self domini king  c nunc et eiden enemy his adheren to arise et ingressus in royal power England  without salvo contraction c et hoc a preparation be verify where when c et  prout curian speech domini king et owner queen consideraveri unde petit  judgment c the plaintiff reply quod ipse be indigena in royal power England  sub ligeantiae speech domini king et owner queen nunc de patre et matre anicis  the same domini king et owner queen nunc to arise et born post b at London  pillage in parochian et warda pillage et non stranger prout pillage the  defendant superius allegavi et hoe petit quod to seek after per native land c  modern the defendant demurrer general and it be adjudge that the issue be not  well take because the plaintiff ought not to have conclude to the country for  there be new matter set forth in the replication he shall have give the  defendant opportunity to rejoin see the case of west v Sutton salk that where  aliennee be plead in abatement the replication a subject bear must conclude to  the country but when it be plead in bar the replication must conclude with a  verification c trinity term the six of William and mary in the king and queen  bench sir John holt Knt chief justice sir William Gregory Knt sir Giles eyres  Knt sir Samuel eyres Knt justice sir Edward ware Knt attorneygeneral sir  Thomas Trevor Knt solicitor general
case Nichols versus Tolley all Nov devise John Giles have his own life in a  copyhold hold of the bishop of Worcester procure a copy in reversion to be  grant Vernon chancery case to grace his wife Pritchet and Andrews for Vernon  chancery case er p their life successive but this be in trust for John Giles  and his heir John Giles by his will devise the copyhold after the decease of  he and his wife to the heir of his body on his wife grace to be beget if such  issue shall be live at the decease of he his wife or survivor remainder over  to the plaintiff he leave issue live at the time of his decease but such issue  die in the lifetime of his wife per Lord keeper the word survivor must not be  reject and the word or must be expound and live at the decease of the survivor  so that he hold the remainder over good for the case wherein the word and and  or have be take for each other vide Richardson v Spraag p wms and case cite in  note there and in addition   Litt b soul v Gerrard cro Elizabeth price v hunt  pollex Brownsword v Edward ves Furnival v crew atk Welsh v Peterson ibidem  dobbins v Bowman Mabberley v stride Ves Weddell v Mundy Ves turner v more  ibidem bell v phyn Ves Fairfield v Morgan n r den v keney east do v Jessep  east Prebble v Boghurst swan and if that point have be otherwise yet the  plaintiff have be well entitle as heir at law to the testator John Giles and  decree it accord
case Nicholson against line word be actionable though the fact they impute be  punishable in the spiritual court only say vide post contra action for word  that the plaintiff be a minister the defendant say of he that he have two wife  a to cause he to he deprive von not guilty it be find for the plaintiff coke  move in arrest of judgement that the word be not actionable for it be a  spiritual fault as to call one heretic c but it be answer that forasmuch as  the plaintiff be a minister this be a defamation and cause of deprivation if  true yet judgement be give against the plaintiff
case Nicholson versus Pattison eoden die demurrer for not make oath of the  loss of a deed whereof a discovery be seek by the bill the bill suggest the  defendant have get into his custody a write purport a agreement betwixt the  plaintiff and defendant and pray he may set it forth and suggest further that  the plaintiff have pay the defendant the money due and yet he threaten to take  out execution as to the first part of the bill the defendant demurrer because  the plaintiff have not make oath of the loss of the write and by his counsel  it be insist that the plaintiff himself have this write but have raze it since  the execute Vernon chancery case of it and so by his own act have destroy his  own remedy at law and therefore ought not to be aid inequity say non allocatur  per cur anon ante anon ante Godfrey v turner ante
case nightingale against Adam replevin do not lie for good take beyond the sea  though afterward bring into England SC holt hold by pollexfen chief justice  upon evidence in this case at guildhall in a replevin for good take by order  of the eastindia company as interloper in the Indies that no replevin lie for  good take beyond the sea though bring hither by the defendant afterward
case nightingale versus lockman Ant Cas at the chancellor house Lord  chancellor Lord chancellor whatever the wife be possess of belong by the  coverture to the husband and by reduce into possession the choose in action  she have a right to they become his property but when he sue in her right for  thing in action he must join her with he in the action and if he die before  execution though after judgement the right will survive to her and not to his  executor for though the old debt be go by the judgement the new one survive  for the judgement be quod recupere and it be not the husband till it be reduce  into actual possession this bill be bring by the legatee of a three of the  personal estate of Mr Sheldon after payment of the debt and legacy for a  account and to have the debt and legacy pay one of the executor be entitle to  the other two three of the estate and she and her husband Mr city be make two  of the defendant at the hear no distribution can be direct till the account be  take and the debt and legacy pay which be decree accord and the court declare  that two three belong to mrs city now mrs lockman and order payment and one of  the executor have admit by his answer that he be indebt to the estate of Mr  Sheldon the sum of pound he be order by the decree to bring the money into  court to be put out for the benefit of the party to who it shall belong not  for the benefit of any one of the party or as a debt to one certain person but  as part of the estate of Mr Sheldon and it have be distribute and pay as such  Mr city have no right to any part of this money but to one three of the estate  after the account be take and a distribution make but during his life no  distribution be make he never reduce his share into possession but it still  remain the estate of Mr Sheldon and therefore t think that the decree of the  master of the roll be right mosely report Saturday July the that plead and  demurrer
case nineteen Elizabeth dyer dr story be case sir John Perrot case ant   a  Elizabeth I and more Inst Cr car Inst a Litt Rep Stamf a conspiracy beyond sea  to invade this kingdom although never put in execution be high treason and to  be try by h cap in any county at the king pleasure the law be so at this day  for treason commit beyond sea be not triable at commonlaw and the statute of  mark cap extend only to treason triable at commonlaw by all the judge of  England if upon a indictment of treason the prisoner plead a insufficient plea  or nothing to say or stand mute the general judgement shall be give as if he  have be attaint by course of law
case nineteen h by the judge of both bench h stat de Gloucester cap Resceit  averment hob a quare hinder be bring against the patron and incumbent to  present to a rectory of which the incumbent have make a lease for year to b by  deed in this case the patron of the incumbent confess the action the lessee  for year be not relievable although he come before judgement and show his  lease and show the title of his lessor and the fraud and collusion for a  parson incumbent may when he will resign his rectory and avoid his lease and  the absence of a parson for the space of day in a ear shall avoid the say  lease also if he will suffer a judgement and recovery of it against he such  recovery shall avoid the say lease the statute of Gloucester be to be  understand of lease make by such lessors as can not defeat such lease by their  own act the statute of Gloucester which enact that a termor may be receive to  falsify require a deed and that the termor shall show it before judgement c as  above and extend only to the confession of the tenant and to his default after  default it do not extend to feint plead nor where judgement be give upon the  default of the vouchee for the statute go only to the default of the tenant it  aid the tenant by statute and tenant by elegit the termor and tenant by  statute and elegit after judgement against the tenant may falsify a recovery  have against any of they by the statute of h cap the statute of Gloucester be  use at this day for a termor if he have a deed and come before judgement he  may be receive to maintain his lease upon averment of collusion and offer to  maintain the lease of the lessor law vult nothing in vain become Jura to come  to help to watch
case nineteen h error utlary averment a be outlaw of felony and take upon the  capias utlagatum and be bring to the bar he allege that at the time of award  the exigent he be ill prison in the castle of Oxford and he do not allege in  who custody nor in what county this castle be nor aver his plea to be true  this prisoner be of ill fame and a notable thief in case of outlawry for  felony the error to reverse it ought to be certain allege in write and ought  to be sufficient before the writ of error be allow to the outlaw in this case  the prisoner be not suffer to amend this plea but be hang by the judge of both  bench a outlawry in the king bench may be reverse there for it be the  judgement of the coroner and not of the court of king bench in civil cause a  writ of error be not to be deny to any one and the error neither be nor can be  assign before the writ of error be allow and the record remove but the law be  otherwise in case of outlawry of felony or attainder of Jenkins felony the  error ought to be first assign and allow before a writ of error shall be grant  interest republic lie criminal to stay behind unpunished salus poplar tree be  funeral rites law
case nineteen h r e e e detinue verdict count in detinue the plaintiff count  of the deteiner of several thing and allege the value in gross and not the  several value of each of they by itself the defendant plead non to hold off a  verdict be find for the plaintiff and damage in a gross sum the plaintiff have  judgement which be affirm in error for the verdict have make the count good in  this case as seem to Fitzherbert abridge this case the judgement in detinue be  to recover the thing detain and if the sheriff can find it to make the  defendant pay the plaintiff the value of the thing detain with damage and cost  for the detainer in the principal case all the thing demand ought to be  deliver or none of they for if any part of they be deliver that delivery be  void because there be no value of that part find by the verdict for the damage  be entire for the value of the whole the sure way be to declare special of the  value of every thing by itself and it be so in waste upon a writ to inquire of  damage and yet entire damage may be give in waste when the waste be confess or  not deny to be in all the place assign waste or when the recovery in waste be  upon the grand distress but it be otherwise when the waste be charge in  several place and it be so find by the verdict for in this case several damage  ought to be give yet if waste be allege in kind of water fowl sparsim to come  into being entire damage may be give
case nineteen James Cr averment implication lessee for year if a live so long  bring a ejection strong upon this lease and count that the defendant have  eject he out of this farm boundary prediction not yet limit the word be a  sufficient averment that a be alive at the time of the ejectment judge and  affirm in error
case noel v Robinson eoden die Lord chancellor ante case post case how a  plantation in barbados may be make liable to a debt contract in England this  cause come on this day again for his lordship opinion he incline to decree it  for the plaintiff and declare that where a executor have assent to a legacy he  shall never afterward avoid it but a inventory exhibit by a executor do not  final conclude he Orr v Kaimes ves burn ecclesiastical law though a creditor  in such case may make the legatee refund and as touch the malt a plantation in  barbados liable to a debt contract here it be say the method be by a  procuration from hence under the seal of the mayor of London and get that  record there or a acknowledgement of the debt by the owner of the plantation  upon the place will do it Vernon chancery case er p
case Noell against grey bail be discharge by their principal have the benefit  of a insolvent debtor Act one who have be discharge upon the Act of poor  prisoner give bail to a action of debt upon a bind with which he be charge in  prison and confess the action and that execution may go against his good c the  plaintiff take execution against the good and likewise sue the bail who  surrender their principal in discharge and this appear upon motion the court  say that bail be actual discharge by the plead and judgement and order he to  bring the record of the judgement into court whereupon he be take into  execution and that they thereupon will discharge he
case noise against HOPGOOD a plea to debt on bind that the plaintiff accept a  feoff in satisfaction be bad ante cro car hob cro Elizabeth Brownl Cowp debt  upon a obligation for eighty pound condition for the performance of diverse  covenant contain in article of agreement the defendant plead that it be agree  betwixt the plaintiff and the defendant that he shall grant a annuity of croak  throw five pound out of such land for life in discharge of that bind which  grant he make accord and the plaintiff accept it in discharge of that bind c  whereupon it be demurrer and without argument upon the first motion adjudge  for the plaintiff for it be but a concord and verbal agreement which can never  be a discharge of a special
case noke against awder Trinity term Elizabeth roll see Cuthhertson v Irving h  n h n a assignee by estoppel can maintain a action of covenant post more   a  vent ld raym covenant wherein he show that one John king make a lease for year  to a the defendant who by deed grant it to ahel and covenant with he that he  and his assignee shall peaceable enjoy it without interruption ahel grant it  to I S who grant the term to the plaintiff who be oust by a stranger bring  this action and after be sue join upon a collateral matter and after verdict  for the plaintiff it be allege in arrest of judgement that this action lie not  for the second assignee unless he can show the deed of the first covenant and  of the assignment and of every mean assignment for without deed none can he  assignee to take advantage of any covenant which can commence without deed and  to that purpose cite old Act and Edward covenant and if one he feoff with  warranty to he his heir and assignee and the feoff make a feoff over without  deed the assignee shall not take advantage of this warranty because he have  not any deed of assignment but if he have the deed it shall he otherwise and  to that purpose vide Edward vouch Edward to point out de faits Edward ibidem  Edward ibidem Henry pound ass plea but Popham hold that he shall have  advantage without the deed of assignment for there be a difference where a  covenant be annex to a thing which of its nature can pass at the first without  deed and where not for in the first case the assignee ought to be in by deed  otherwise he shall not have advantage of the covenant and therefore he deny  the case of the feoff with warranty for the second feoff shall have benefit of  the warranty although he do not show the deed croak Elizabeth of assignment  but show the deed of the warranty and so be the hetter opinion of the book and  to that opinion the other justice incline say adjournatur vide   it be adjudge  for the defendant post
case Norden versus Norden eoden die in court Eq can ab pl S c a obtain a  decree for pound against b who appeal to the house of lord where the decree be  affirm and b on petition obtain a order for a rehear and immediate fall ill  make his will and devise his land for payment of his debt decree that after  all the other debt be satisfy a shall be pay his debt one Hollis that have a  demand of pound against Norden and have run it up to obtain a decree for it in  this court Norden appeal to the house of lord where the decree be affirm it be  observe that Norden at the pronounce of this decree in the house of lord fall  down in a swoon and within a week afterward die as suppose of grief but he  first get a petition answer for a rehear and in his sickness devise all his  land for payment of his debt and now Hollis will come within this trust to  have satisfaction of his debt Lord keeper it can be suppose that a man who  deny your debt upon his oath and die your martyr in his cause shall ever  intend you shall have the benefit of this trust suppose a verdict have pass  against a man and he Vernon chancery case shall bring attaint and pen this  suit he shall make such a settlement for payment of his debt will any man say  that he ever intend the debt recover by the verdict shall be satisfy out of  two however at length he decree that after all debt upon simple contract be  pay Hollis shall come in and be pay his debt if he can find asset Qure if  Hollis be not by the term of this decree admit within the trust and if so  whether his debt ought not to have be prefer vide Lord Hollis v lady car post
case norfolk versus Gifford Feb one charge his land with pound for the child  with which his wife be privement ensient if it prove a daughter with a clause  of entry for nonpayment a daughter be bear and die the pound shall not go to  her administrator Ant case one by will charge his land with six thousand pound  for the child his wife be privement ensient of if it prove a daughter with  clause of entry for nonpayment a daughter be bear who die the mother as her  administratrix will have have the six thousand pound raise but the bill be  dismiss the case although imperfect state by the register book appear to be  different from that in the print report Robert Norfolk decease have by his  will devise pound to his daughter Dorothy and with which the bill file by the  testator widow seek to charge the land of Robert Norfolk the answer state and  insist that the land to seek to be charge descend on the death of Robert  Norfolk on the say Dorothy in fee as his daughter and heir and that thereby  the say devise of pound be extinguish and that the say land have by the death  of Dorothy descend on the defendant wife as her heir at law and the say  defendant by his crossbill pray to have the deed deliver up and by the decree  the original bill of the plaintiff the widow Norfolk be dismiss without cost  and the defendant to the crossbill be order to produce all deed c except the  jointuredeeds the plaintiff in the crosssuit be not to be at liberty to  inspect the write until they have confirm the defendant Norfolk jointure Reg  lib b fol vide Chester v will Amb the case of Powell and Morgan ante p et vide  note there be cite where a term raise for the portion of a daughter be  extinguish by the inheritance descend on the daughter yet revive and set up in  equity for the benefit of creditor Vernon chancery case er p
case norman against foster Trinity term car roll on a covenant for quiet  enjoyment a breach that a stranger enter claim title without show the kind of  title under which he claim be bad S C keb ante post Danv Leon cro James   roll  Abr Vaugh lev l lev lev sand sand Mod Mod Mod Mod Comyris show stram dougl  term Rep term Rep a action of debt upon a bind to perform covenant in a  indenture of lease one covenant be for quiet enjoyment and the plaintiff  assign for breach that a stranger enter claim title but do not say what title  he have hale chief justice to have distinction at that thne will have do your  business my Lord iers case a dyer a be that another enter claim a interest but  that be not enough for he may claim under the lessee himself he mention the  case in more and hob of Tisdale vessex if the covenant have be to save he  harmless against all lawful and unlawful title yet it must appear that he that  enter do not claim under the lessee himself hale if I covenant that I have a  lawful right to grant and that you shall enjoy notwithstanding any claim under  I these be two several covenant and the first be general and not qualify by  the second and so say wile and that one covenant go to the title and the other  to the possession a assumpsit to enjoy without interruption other we that be  whether by title or by tort a quiet possession be to be intend to be the chief  cause of the contract b it be say that the court incline strong for the  defendant but that the matter be adjourn S C keb b
case NORMANVILE against pope Hilary term James roll in debt on a bind Payable  within ten day after a act do notice of performance need not be special allege  post roll ab roll ab in debt on a bind condition to go from York to London the  venire must be from the body of the county where the bind be make plead debt  upon a bill Obligatory of forty pound to be pay within ten day after John  Lepton go by five day undivided from London to York and return from York to  London and allege in fact that on the that of may James he go from London to  York and by five day undivided go from York to London and from London to York  and that the defendant although often require c have not pay the forty pound  the defendant plead that Lepton do not go by five day immediate from London to  York and return from York to London croak throw prout c and issue be thereupon  and a venire facias award from the parish of bow in the ware of Cheap in  London where the bill be allege to be make and find for the plaintiff it be  now move in arrest of judgement first that this bill be not Payable but at ten  day after notice of his go and return c and here there be not any notice  allege to be give of his go and return and although often require will not  serve second because the venire facias ought to have be of London and York and  not of the one only and for that both can not join it ought at leastwise to  have be of London general so de corpore comitat and not of the parish only  where the bind be make Popham say the bar be not good nor the issue well join  for he ought to have take issue upon one of the day only at his peril and not  to have show the journey by every day in the issue wherefore for these cause  they will advice a
case NORMANVILE against pope vide ante page a fact allege in London general  without say in what parish be bad ante post   light a cro car       hob side  Com dig hawk p c on a promise to pay on a act to be do by a stranger notice of  performance be not necessary post Bulst Com dig Cowp a venue lie only in a  parish in London be bad cro car this case be now move again in arrest of  judgement and a exception take which be not take before videlicet because it  be not allege to what parish in London he return but to London general which  be not good but it ought to have be to a parish from which a venue may have be  and for this cause all the court hold the declaration to be ill to the second  exception that notice of the time of his return be not allege to be give and  therefore the money be not Payable Tanfield hold as this case be there need  not any notice because the act be to be do by a stranger and his time of  return lie as well in the notice of the obligor as of the obligee wherefore  the obligor be at his peril to take notice thereof but the other justice doubt  thereof to the three exception that the venue ought to have be from London so  from the body of the county and not from the parish of bow they all hold the  trial for this cause to be ill wherefore Popham absent it be adjudge for the  defendant a for the second error assign vide post croak James er p
case norris versus bacon eoden die solicitor bring a bill for his fee plea of  stat James that the plaintiff have not sign his bill good plea a solicitor  bring a bill in this court for his fee note this act extend only to attorney  of the court at Westminster and not to practiser in inferior court neither be  it pleadable at commonlaw to a special promise or to a accuse computasset  berkenhead v fanshaw salk the defendant plead the statute James ch that the  plaintiff have not sign his bill and the plea be allow the word of the order  be as follow his lordship do order that the say defendant plea be overrule  without cost but the plaintiff be to subscribe his name to his bill of charge  annex to his bill in this court Reg lib b fol vide stat d Geo two cap sect as  to a bill for fee vide Lord Ranelagh v Thornehill ante and case cite in not  there Vernon chancery case er p Vernon chancery case de boundary paschae James  two in curian porter
case Northey against Northey in chancery November party to a bill S c atk a  devise his wife paraphernalia to his two daughter and make b his executor the  wife file her bill against the executor alone for her paraphernalia without  make the two daughter defendant Hardwicke Lord chancellor this question  concern only part of the will and if you expect a decree for this particular  part you must have the legatee before the court the husband give these  paraphernalia as a specific legacy and the daughter and wife modern report  both claim in part from the same person and therefore all the claimant must be  before the court the wife may have bring trover for they against the executor  alone but here both the legal and trust or equitable part be bring in question  and this court will consider the executor as a trustee for the specific legacy  order that the plaintiff amend her bill
case Norton against ACKLANE Hilary term car roll covenant lie by a lessor  against his lessee for a breach commit after a assignment of the term and  after acceptance of rend from the assignee ante S p I roll ab   sand lev side  vent Cowp dougl covenant upon a indenture of demise by the plaintiff to the  defendant of a house for year wherein the lessee covenant for he and his  assign to repair the house from time to time croak car and to leave it at the  end of the term sufficient repair and for not repair assign the breach the  defendant plead that be assign by indenture show in court all his estate and  interest in the term to John saint such a day and year who enter and pay his  rend at such a feast after to the plaintiff the lessor who accept thereof and  that there be not any default of reparation before the assignment upon this  plea the plaintiff demurrer broom for the plaintiff show that the action well  lie against the lessee notwithstanding this acceptance of the assignee to be  his tenant or against the assignee at his election and he say that it be  adjudge so in this court in Brett v Cumberland a the record whereof be enter  in Hilary term James roll and Brampston and myself be of the same opinion  Jones and Berkley be then absent and because we conceive the case to be clear  and so adjudge in a cro James see also S p Barnard v Godseal cro James Com dig  croak car er p the case last cite we give rule that judgement shall be give  for the plaintiff unless c and Jones and Berkley be inform thereof at  sergeantsinn agree that the action well lie
case Norton against fermer wood cut for fuel or fence be titheable unless  exempt by custom post more keb Inst than ab hetley more cro Elizabeth cro  James side vent bunb Com dig amblers Rep prohibition be grant to stay a suit  for tithe of wood upon surmise that the wood be spend in his house for fire  and show that the custom in the same parish be that the owner of any house and  laud in the say parish who pay tithe to the parson ought not to pay tithe of  wood spend for fuel in their house issue be upon this custom it be find for  the defendant and move in arrest of judgement that although it be find there  be no such custom yet he ought not to pay tithe for wood spend in his house  nor for fencingstuff for hedge but per law terrae ought to be discharge of  they but the court resolve that it be not de jure per law terrae that any be  discharge of they for it be usual in prohibition to allege custom as for  bearthpenny or by reason of other land whereof he pay tithe that he be  discharge of that tithe but not to allege that per law terrae he be discharge  and the plaintiff here have allege a custom and be find against he it be  adjudge for the defendant that consultation shall be grant croak car er p
case Norton against palmer easter term Elizabeth roll a declaration variant in  substance from the writ be not aid by Elizabeth c ante salk Mod Mod will ld  roym term Rep action upon the case for that he be possess of a house and  garden for twenty year and the defendant be a butcher have a slaughterhouse  and yard next adjoin to the plaintiff garden that the defendant have exalt his  yard and make a ditcl whereby he convey the filth and the offal of his hest  which he slaughter into the plaintiff garden wherefore c after verdict upon  not guilty plead it be find for the plaintiff and now move in arrest of  judgement that the writ be variant from the declaration for the writ be only  for the raise of the yard and the declaration be for the exalt of the yard and  for make a gutter therein and so there be more comprise than be in the writ  wherefore c and for this cause the court hold it to he ill and not aid by the  Elizabeth c for that help only where there be not any writ but not where the  writ and declaration vary in substance for then it be out of the statute
case Norton against RISHDEN Trinity term Elizabeth roll the acceptance of one  thing will not discharge a obligation to do another   a ante pi debt upon a  obligation condition that if he appear before the plaintiff at d such a day  that then c which be at the commissary court in Oxford the defendant say that  he appear before the plaintiff at S before the day which he accept of and  allow for his say appearance to he at d c and it be thereupon demurrer and  without argument adjudge for the plaintiff because the condition be to do a  collateral thing and the acceptance of another thing can dispense therewith  nor be a discharge of the obligation dyer
case Norton versus spring februar Eq can ab pl S   how far the second husband  be liable to a devastavit or breach of trust of the wife and her first husband  upon argue exception to the master report the question be how far the second  husband shall be charge of his own estate for a devastavit and breach of trust  commit by the feme and her first husband per cur where there be a bind there  be a lie by deed and so the second husband bind but where there be bare a  breach of trust or debt by simple contract there in equity the plaintiff ought  to follow the estate of the wife in the hand of the executor of the first  husband vide Gilpin v smith Ch can Powell v bell pre Ch paget v Hoskins ibidem  baker v child post vol Sanderson v crouch ibidem Adair v shaw Sch l
case NORWOODS case a general pardon will discharge a suit in the spiritual  court ex duty but not ad earnestness part   b hob Inst JCro James bull contra  latch hob   cro car Com dig Bac Abr hawk prohibition be bring to stay a suit  in court Christian for defamation upon these word if master William Norwood  have not go out of town he shall have answer for the two bastard he hegot upon  two such woman he there plead the general pardon which will not he allow and  thereupon the prohibition be bring surmise this matter and now consultation be  prayeand All the court except Glanville hold that it be well grantable for  they all resolve that a general pardon do not aid he for the stay a S vit in  coua Christian which be for el ad instantiampartis but if it be sue there ex  duty judge the general pardon will then discharge he Glanville hold that for  this slander a action lie at the commonlaw for the hegetting of bastard be  punishable by the Elizabeth c and the statute have give a remedy take away  from the croak Elizabeth spiritual court its power but all the other justice  against he herein for where a remedy for a punisbment be give by a statute  that shall not take away the punishment that be before and questionless there  be not any punishment by the commonlaw where one be injurious slander in this  case wherefore a consultation be award
case nose against bacon Michaelmas term Elizabeth roll if a bind he condition  for the payment of a less sum and no time mention it be Payable on demand    light roll Abr Bac Abr wood con debt upon a obligation of l condition for  payment of l and no day limit for the payment of the lesser sum it be resolve  upon demurrer that the l be Payable maintenance upon request and he have not  any time after to pa it for it be part of the bind and the purchase of the  original writ be a request in itself and the obligee be not bind to make a  special demand and it be not like the condition of a obligation to make a  croak Elizabeth feoff for that be collateral and the obligor without request  shall have time to make it during his life and shall have a convenient time  after request to make it but here it be a duty present and part of the great  sum wherefore it be adjudge accord idem Edward pl Henry pl
case Nosworthy versus basset eoden die in court Lord chancellor show salk S c  whether after a plea or demurrer to a special replication allow the plaintiff  may be admit to put in a general replication the plaintiff have file a special  replication the defendant put in a plea and demurrer to the replication his  plea be that since his answer put in he have recover the estate in question in  a ejectment upon full evidence at a trial at the bar and demurrer to other  special part of the replication the plaintiff counsel admit the plea and  demurrer to be good which be therefore allow by the court Reg lib b fol but  the court refuse to declare any opinion whether the plaintiff may not  notwithstanding the plea and demurrer be allow afterward put in a general  replication and the plaintiff counsel conceive they may because the plea and  demurrer be tie up to that replication only but seem to admit that it may have  be so plead as that the matter settle by the trial at law shall not have be  draw into issue or examine into this question be not mention in the register  book but special replication with all their consequence be now out of use vide  Mitf treat d Edit
case note per Lord commissioner hutchins Eq can ab policy of insurance how far  it extend where a policy of insurance be against restraint of prince that  extend not where the insure shall navigate against the law of country or where  there shall be a seizure for not pay of custom or the like die March Oct
case nowel against dier Hilary term James roll where one of two issue be  mistried the plaintiff may take judgement for one and release the other ante  post   a stram Com dig term Rep action for word the defendant plead as to part  of the word not guilty and as to the other part justify by reason of a felony  commit in the county of Somerset the plaintiff say de in an unjust manner svan  not common with others one venire facias be award in the county of Berks where  the action be bring to try these issue and find for the plaintiff and damage  several give and for the issue mistried the plaintiff release his damage and  action and have judgement for the other
case oak against kirby a assumpsit on a promise to seal a bind in  consideration of surceasing a suit need not allege that the plaintiff request  the dne act to he do or the defendant the other Assum osit in consideration  the plaintiff at the defendant S request will surcease such a suit c the  defendant promise to seal he a bind when require c and allege begin that he do  surcease the suit and the defendant although soepius require such a day and  place have not seal it after verdict it be allege in arrest of judgement first  it be not allege that he surcease at the request of the defendant second that  the request to seal the bind be not by the plaintiff i Zed non allocatur for  as to the first it shall he intend for it be for the defendant benefit and to  the second it shall he intend if the contrary he not show that it be by the  plaintiff or by his servant for he wherefore it be adjudge for the plaintiff
case oaste against tailor the acceptance of a bill of exchange amount by the  law merchant to a promise to pay it but it must be state that the drawee be a  merchant at the time he accept it ante SC roll ab   light vent hard Lut cro  car Brownl Com dig Bac ab vern see ld raym Cowp to Rep assumpsit by David  oaste a merchantstranger against William tailor a merchant for that whereas by  the custom of London between merchant traffic from London into the part beyond  sea if any merchant commorant in London croak throw and traffic beyond sea  direct his bill of exchange good fide and without covin to another merchant  commorant beyond sea and traffic betwixt London and the part beyond sea upon  such a merchant accept a bill and subscribe it accord to the use of merchant  it have the force of a promise to compel he to pay it at the day appoint by  the bill and allege in fact that William Kenton be a merchant traffic betwixt  London and Middleburgh beyond the sea and commorant in London direct his bill  of exchange to the defendant commorant in Middleburgh and traffic between  London and Middleburgh require he to pay three hundred and fiftyfive pound  Flemish at the usance of four month to the plaintiff be a merchant and that  the defendant accept thereof secundum use trader and subscribe it and have not  pay it whereupon c after verdict upon non assumpsit plead and find for the  plaintiff it be move in arrest of judgement because the defendant be not aver  to be a merchant at the time of the bill accept see will c Ann c
case October this court have a power to remove coroner where they misbehave or  live out of the county the court will not order a writ to issue de crowner  exonerand till there be a affidavit of service at the last place of his abode  a petition on behalf of the freeholder of Warwick to remove sander a coroner  for neglect of duty c and for abscond Lord chancellor I have no doubt as to  the authority of the great seal with regard to the remove of coroner where  they misbehave or where they live out of the county and the precedent of the  order make for that purpose by Lord king be a authority which be a application  on behalf of the freeholder of the county of Derby August but as there be no  affidavit here of service on the defendant the coroner but a suggestion only  that they be not able to come at he I will direct the petition to stand over  till the second Wednesday in the term because as it be a office of freehold I  will not order a writ to issue de crowner exonerand until there be a affidavit  of service at the last place of his abode the authority of this court do not  extend so far as to remove one coroner and to appoint another but the choice  of a new one must be by a majority of freeholder
case ode against NORCLIFF easter term whether roll a replication that a clerk  of c b consent to be sue in b r must lie a venue SC salk SC salk SC ld ray in  a action on a bill of exchange it be plead in abatement that the defendant be  one of the clerk of the court of common plea and ought not to be sue out of  that court without his consent the plaintiff reply that the defendant consent  but lie no venue where and per curian it be therefore bad
case ode against young judgement therefore considerate and not per cur  judgement in a inferior court reverse because it be therefore to look at  closely be and not say per cur a Anonymous side smith v smith side Ventris v  carter Yelv peacock v bell sand atwood v burr salk Walduch v Cooper will a
case odingsells against Derby and Jackson in ejectment against two a  misprision state the entry and ouster in the singular instead of the plural  number be amendable post SC more SC Yelv salk strange burr Bl Rep Cowp dougl  term Rep ejectment after verdict upon not guilty it be move in arrest of  judgement that the declaration be not good for it be that the two defendant to  go into et Self Le plaint a of Firmum svan prediction ejeci et to drive out  where it ought to have be to go into et ejeceru c and be the point of the  action be not therefore amendable the bill also upon the file be find to be so  but all the justice Fleming absent hold it to be amendable for it be a  apparent misprision of the clerk
case OF aberystwith mandamus ante and the note post in this case and also in  the case of Tintagel about four year ago the court hold that though it be  disclose that there be a fact of election yet if upon look into it there be  good reason to think it void they will award a mandamus upon the Act of  parliament to go to a election and not wait the event of any controversy about  the former
case OF Betterton all mich W Mod a prohibitory writ be issue to the new player  Betterton and other who have erect a playhouse in LincolDsInn field the writ  recite that it be a nuisance to the neighbourhood and therefore prohibit they  to continue it but the player not obey this writ the court grant a attachment  c it be here insist by counsel that no such writ can be for the party have no  way to defend themselves and the proper method be to proceed by indictment  holt c j you be not conclude by this writ as to the right but you may come in  and plead to the attachment the general issue and if the thing be no nuisance  it be no fault or contempt to continue it and playhouse be not in their own  nature nuisance but only as they draw together great number of people and  coach and sharp thither which prove general inconvenient to the place adjacent  and in this case the prosecution be carry on by the patentee of the old  playhouse and not by the inhabitant of the place which show they do not think  it a nuisance if it be one there be a case in this court of Jacob hall the  ropedancer where the court send such a writ as this be here and make he pull  down his stage but that be a nuisance in it self pasch Ann Farresl in a  information against the player of the new playhouse for act profane and lewd  play they be bind by recognizance to try it make up the record wrong videlicet  Lincoln field for Lincolnsinn field think to be acquit upon that variance by  holt c j lot the matter be find special and Mr attorney may move to have their  recognizance estreated holt KB plead and plead
case OF slander brook say that if a man speak many slanderous word of another  he who be slander may have a action on the case for any one of these word and  may omit the other but if a man write many slanderous thing of another in a  letter to a friend a action upon the case will not lie for it shall not be  intend that it be do to the intent to have it publish
case OF the bail OF peter vergen the bail of a convict allow to surrender in  discharge of themselves he be convict for felony and pardon on condition of  transportation and have also a civil action depend against he in which he have  give bail they bring he up by habeas corpus in order to surrender he it be  object that the court can not take he out of the custody of the sheriff and  commit he to the marshal to which I answer that upon the return of the writ he  be to be consider as the prisoner of the court who may do what they will with  he and send he back to Newgate for safe custody so the bail be admit to  deliver he to the marshal and the court immediate remand he to Newgate vide  foul v Dunn burr where the authority of this case seem admit though the motion  for a hab corp there be deny
case OF the bailiff OF Bridgenorth where a writ be direct to two there must be  a attachment against both though one be ready to obey see the same principle  lie down in the case of a penal action upon Geo for not produce book contain  the entry of freeman per Lord Mansfield c I Schullam v Bunnis Cowp et vide  king v buy burr barn b r S c a mandamus be direct to the two bailiff one of  which be for obey the writ and the other will not nor join in a return and the  court grant a attachment against both for they say it will be endless to try  in all case which be in the right and it will be always use for a handle of  delay
case OF the borough OF BOSSINY alias Tintagel in Cornwall mandamus may be  grant to go to a election though there be a mayor de facto if be have no  colour of right Bac Abr mandamus e SC vin Abr z pl the court be move for a  mandamus on the statute Geo c to go to that election of a mayor which be  oppose on a pretence that on the usual day one robin be choose and swear into  the office and therefore as there be a actual officer they ought first to oust  he but the court upon consideration hold the writ ought to go the Act say if  no due election be make and this of robin have no shadow of right the intent  of the Act be to give the corporation a rightful officer as soon as may be  whereas this pretence will waste the whole year they say this be not lie down  as a general rule for it may be otherwise where there be a probable election  and room to doubt vide case of Aberysmith post king v bank burr black SC king  v mayor bailiff c of Cambridge burr king v Newsham Pasc Geo cite ib sayer SC  but the mayor de facto must be make party to the rule to show cause king v  bank ut above and that these writ be discretionary beside there be no harm do  for it be not a peremptory mandamus and the may return that there be a  rightful officer vide king v the mayor c of York term Rep strange report er p
case OF the borough OF calne in wilts mandamus affidavit be make that the  steward who keep the public book have refuse to produce they at the corporate  meeting to enter the election of their member a mandamus be grant to he to  attend with the book at the next corporate assembly vide king v wildman ante
case OF the borough OF christchurch No trial at bar before issue join upon a  motion for a trial at bar which be consent to on both side it appear issue be  not join and the court refuse to grant it say it be below the dignity of the  court to do it till they know whether the issue join will be a matter of  difficulty or not
case OF the borough OF Warwick certiorari Cunn S c appeal from a poor rate and  the session order the churchwarden to produce the book at a adjourn day before  which a certiorari be bring to remove that order and hold to lie though the  appeal be depend else the order must be obey before the validity of it can be  determine it be also hold that a appointment of overseer may be remove before  a appeal to the session for the rule lie down in salk extend only to the case  where there be a limit time for appeal as to the next quartersession but the  statute Elizabeth c be not so restrain and consequent it can never be say that  the time for appeal be out and if the appeal from a appointment be lodge there  can be no certiorari till the session have make a determination and a  certiorari bring pen such appeal shall be supersede vide king v Harman andr  Sess can pl SC king v Holditch Bott by Const pl
case OF the commissioner OF sewer for yorkshire see r v Surrey justice lr Q b  certiorari where discretionary fort Mod S c the court hold that a certiorari  to bring up a order make by the commissioner for the removal of their own  clerk be of common right and not discretionary as in the case of other order  where great inconvenience may follow by inundation in the mean time
case OF the lecturer OF saint whether westminster No mandamus for a lecturer  will SC much full the court upon consideration refuse to grant a mandamus to  the bishop of London to grant licence to a lecturer who appear to have no fix  salary but to depend altogether on voluntary contribution and where there be  no custom and the rector have refuse his leave to preach in the church to the  person now apply vide king v bishop of London term Rep king v field a term Rep  vide case in holt time
case OF the level OF hull sewer a order of sewer be make for levy d per acre  on acre to be pay to the clerk to be apply towards defray of charge in and  about the execution of the commission and though it be object that this shall  have be on the occupier accord to   a yet the court hold this good for the  word of the statute do not require it vide commissioner of sewer v Newburgh  keb pl bow v smith odd another objection be that a rate can be make to  reimburse charge any more than to reimburse overseer of the poor say per  curian in this case there be a express power to allow charge whereas in that  the Elizabeth c confine the power to rate for relief of the poor and a rate  after the poor have have it be not strict so call the order be confirm
case OF the lord OF the manor OF hampstead where several thing move ad death  they be all deodand a cart meet a wagon load upon the road and the cart  endeavour to pass by the wagon be drive upon a high bank and overturn and  throw the person that be in the cart just before the wheel of the wagon and  the wagon run over the man and kill he in the home circuit this be refer to  pollexfen c j and they give their opinion that the cart wagon load handle all  the horse be deodand because they all move ad death pollexfen at first doubt  concern the forfeiture of the cart but look into his common placebook he  ground his opinion upon this case one ride upon a horse in a river the horse  throw he and the stream carry he to a mill and the wheel of the mill kill he  and it be adjudge that the horse and the wheel be forfeit if a man be throw  from his horse by the violence of the water then the horse be not forfeit cro  Lord chandos case where the inquest find he kill per lesson get water it be  say in the book that if a tree shall fall upon the branch of another tree and  Salkeld er p both fall to the ground and the branch kill a man the tree and  branch be both forfeit a a deodand do not meet with countenance in  westminsterhall when a jury have find too little the court will not interpose  in favour of the crown c though they will if it have find too much in favour  of the subject thus if a sit on his wagon fall the horse draw on the wagon the  before wheel crush his head and he die and the coroner jury find the wheel  only be the deodand the court will not quash the inquisition foster c l  Salkeld departure
case OF the mayor OF Penryn there must be judgement of ouster where the party  be find duly electedbut not swear vin Abr can bro p c SC cite ld raym this  judgement be affirm in parliament on a information in naturan de quo warranto  to show by what authority he exercise the office of mayor there be two issue  the first as to his election which be find with the defendant and the second  as to the swear which be find against he upon return of the postea it be move  that judgement of ouster shall not be against he see he be duly elect but that  he shall rather have a mandamus to swear he in say per curian the act without  be swear be certain a usurpation and that be find we must pronounce judgement  against he upon this record if he be not too late he may have a mandamus to  swear he in but we must punish he for his usurpation hitherto say vide king v  Hearle post that the court refuse a peremptory mandamus but in king v Biddle  post where the defendant be guilty of a usurpation only for part of the time  mention in the information and judgement of ouster be enter upon his own  confession the court on motion expunge all the judgement except the to take in  hand pro fine and see the opinion of Reynolds I post upon the present  judgement judgement pro ring Ann c
case OF the overseer OF weoble in Herefordshire it be not enough that overseer  be style principal inhabitant there be two set of overseer appoint and both  quash one because the person appoint be describe only as principal inhabitant  instead of pursue the word of the statute Elizabeth c which be substantial  householder and the other because it only call they substantial householder  without add there or in the parish and this too be not in the body of the  appointment as it ought to be but only in the direction at the foot of it king  v great Marlow Foley king v Clerkenwell ib and three authority there cite king  v Sherringbrook ld raym Sess can pl king v murrel Sess can pl S p but king v  morris term Rep nol Rep seem contra
case OF the parish OF saint peter and paul in marlborough justice may order  one parish to pay a sum in gross to another but then they must make the rate  by which it be to be raise Sess can p No S c two justice recite the inability  of the parish of saint mary the virgin to maintain its own poor order the  churchwarden and overseer of saint Peter and Paul to assess raise and levy l  for the maintenance of the poor of the other parish and objection be make to  their order such a gross sum the court hold it well in that respect accord to  vent salk skiff king v Holbeche term Rep nol Rep res send for but then the  order be quash because the justice have delegate their power of assess and  rate the parishioner to the churchwarden and overseer whereas by the Elizabeth  c the justice be to make the rate on all or particular person
case OF the parish OF Sherborn in Dorsetshire the question be whether the  child of a certificate person can gain a settlement by service the that and  that of William III say only by serve a office or rend a tenement of ten pound  per annum and by no other mean whatsoever see and W III she the service be in  the same parish chief justice the first Act relate to child bear or to be bear  statute confine it to two particular instance videlicet rend ten pound per  annum and by serve a office and not by service and it be agree by the whole  court that he gain no settlement by such service michaelmas four OF george the  second
case OF the prison OF the king bench rule of the prison enlarge till prison  repair vide two rule for ascertain the boundary of the king bench prison east  Geo term Rep the prison be in a ruinous condition and the late rain have break  in there be a order make for the proprietor to attend the court and upon their  attendance the court be move to enlarge the rule of the prison so as to take  in the Marshalsea that the prisoner may be remove thither but the court will  do nothing in it till there be a undertake by rule of court to put the prison  in repair which they say the proprietor be oblige to do upon pain of forfeit  their right whereupon the proprietor submit to a rule and the rule be enlarge  accord
case OF the rector OF wigan mandamus to burgess to attend courtleet to make a  jury will S c he claim as lord of the manor to hold a courtleet at which the  inburgesses of Wigan ought to attend to make a jury which they have refuse and  neglect to do at two court whereby no business can be do the court grant a  mandamus to enforce their attendance so also to a jury of a leet to present  one duly elect mayor king v Willis andr and to the homage of a court baron to  present conveyance of burgage tenor king v Lord Monlacute black Rep will SC et  vide king v bank burr black S c
case OF the vicar OF Dartford clergyman not oblige to be expenditor of sewer  andr by the name of chamber case much full the court grant he a writ of  privilege against serve the office of expenditor to the commissioner of sewer  on the authority of Mod vent lev keb Mod though it be insist that this be a  office which may be execute by deputy
case OF the village OF Chorley Trin W B R session of the peace may appoint a  constable holt S c the village of Chorley have no constable the justice of  peace by order of session appoint one to serve there et per holt c j a  constable may be choose in the tourn or leet a village and a onstableare  correla Salkeld tives but a hamlet have no constable the justice have all  along exercise a power of appoint constable and we will intend the have a  sufficient authority for it but the stat car c give they authority to do it  only in the particular case therein mention and as to the authority of a  constable out of his parish the c I say that if a warrant be direct to the  constable by name a command he to execute it though he be not compellable to  go out of his own precinct yet he may if he will and shall be justify by the  warrant for so do but if the warrant be direct to all constable c general it  shall be take respective and no constable can execute the same out of his  precinct N B hill W hold so likewise in the case of the king and chandler ld  raym a in the case of king and chandler Lord raym holt say if a justice direct  his warrant to a particular constable he may execute it out of his district  without say a particular constable by name and the editor submit that it be  not requisite to insert the personal name for that will be mere make it the  case of a special constable in point of practice it be not usual to direct a  warrant to a constable by his proper name in order to authorize his execute it  out of his district vide Wallace v king h Bl Blatcher v Kemp note ibidem  Salkeld er p
case OF thorpe all Trin W Carthew in this case of entice a infant to leave his  father c it be allege that the true reason of guardianship be not with respect  to the ancient benefit of the lord by tenure but with regard to the good  education of the infant and there be a difference between a action on the case  bring by the father quare son to hang suum to seize and carry off and a  information in nature of a conspiracy as here for the latter be to punish the  offence but the first to recover damage holt CJ the reason why by the law of  England the father have not the guardianship of his young child be because by  our law the young child can inherit any thing from their father and the  guardianship of the father which be by nature continue till the son and heir  apparent attain to the age of twentyone year but that be with respect to the  custody of the body only habeas corpus
case OFFELY against bat easter term Elizabeth roll conusee of a fine can  distrain before attornment post Owen and the case be conusee of a fine of a  reversion before attornment a ousts the lessee and make a feoffme nt the  lessee reenter and the feoff distrain for the rend periam and W ndham hold  that he can not distrain no more than the feoff himself before attornment vide    a
case ogden who tam c against Kennett if a recusant conform before judgement on  a who tam action he be discharge from the penalty SC raym SC Jones debt for  twenty pound a month c on the statute Elizabeth c of recusancy the question be  if a submission and conformity will serve as well on a who tam c as on  indictment see Leon roll Rep Shoile who tam v foster a a information against  Fenton b look the case of Peter who tam v white c and workman who tam v  Gaylard d and among my argument in both which cause I be of counsel in the  first for the plaintiff in the latter for the defendant Adjornatur e
case OGNEL against randol a prisoner may be bail from execution by surmise in  a hearing complaint that he have satisfy the judgement post lutwych Jones roll  Rep cro car Mod more cro Elizabeth Henry pl raym Fost strange hearing  complaint be bring to avoid execution of a judgement and surmise that after  the judgement he have pay the entire sum Popham such surmise be not any  surmise to avoid a judgement upon a bare payment without write or other matter  of evidence no more than it be any plea to bar a execution demand by become  facias or to know facias Tanfield sergeant it be rule in this court malins v  lady Hawkins that it be a good surmise in a hearing complaint to avoid  execution of a judgement for it be not only a suit in law but in equity also  and it be as a commission to examine the cause for it be not reason that if  the money be satisfy he shall lie in execution and so hold all the court  except Popham that it be a good surmise in this case whereupon he be let to  bail
case OGNELL against lord arlington guardian of sir John Jacob estate hold by  elegit be within the Henry c and if the land be extend may be bar by fine and  nonclaim ante vent show skin Ch Cas pale yellow Eq Rep Mod Mod vern Abr Eq  Peer wms Peer wms Peer wms a naked avower have be hold not to be bar by afine  because some estate must be divest or gain by wrong to make a fine operate  Willis v Sherrat in chancery February report Atkins the court upon a trial at  bar deliver for law to the jury that if there be tenant by elegit of certain  land and a fine be levy of those land and five year with nonclaim pass the  interest of the tenant by elegit be bind accord to Saslyns modern er p case a    cro James a otherwise if the land have not be actual extend also that if a  inquisition upon a elegit be find and the party before entry have the  possession a fine with nonclaim shall bar his right for before actual entry he  may have ejectment or trespass and so not like to a interest termini b by car  c S the day of the month and the year in which any judgement be sign in the  court at Westminster shall be set down on the record and also be enter on the  margin of the roll and such judgement as against purchaser good fide for  valuable consideration of land tenement or hereditament to be charge thereby  shall be judgement only from the time they be so sign also by will mary c for  the great security of purchaser all judgement by confession c shall be docket  and no judgement not docket shall affect any land or tenement as to purchaser  or mortgagee or have any preference against heir executor or administrator b
case OGNELLS case the lessee of a outlaw shall have trespass for the profit  receive hetween the assignment and the reversal post   a I and lev for    trespass Thexase be upon special verdict that a termor be outlaw for felony  grant his term and interest to croak Elizabeth the plaintiff who be put out by  I S and afterward the outlawry be reverse and the plaintiff bring trespass for  the profit take between the outlawry reverse and the assignment and the  question be if the action do lie for that during that time the queen have the  interest and the assignee have no right and it be adjudge for the plaintiff  for by the reversal it be as if no outlawry have be and there be no record of  it
case oldfield against sip richard RAINES judge of the consistory court of the  bishop of Lichfield and Coventry whether a layman may be sue in the spiritual  court for teach school without licence Oldfield be libel against in the  spiritual court ex duty for teach school contrary to the seventyseventh canon  year which be that no man shall teach school except licence by the bishop and  otherwise qualify as the canon prescribe and now Oldfield pray a prohibition  suggest that every man at commonlaw may teach and instruct another that all  canon contrary to the law of the land be void and do not bind the laity  whereof he be one that the statute of James and car have appoint penalty for  keep school without licence and that the exposition of all statute belong to  the king court the single question be how far this canon bind a layman which  holt chief justice say be no question to be determine on a motion and  therefore grant a prohibition and that they declare upon it
case oldfield against the inhabitant OF the hundred OF WHITHERLY in ken hue  and cry for eighty pound and a cloak a verdict that the hundred be guilty of  steal take and carry away the money and not guilty as to the cloak be good  post sand on a non feasance the judgement shall be in pity action upon the  statute of Winton suppose that he be rob of eighty pound in money and of a  cloak and diverse other thing and the hue and cry be make c and that the  inhabitant have not answer he c upon not guilty plead it be find quod quoad  deception removal et robbing infra script eighty pound that the defendant be  guilty and assess damage to ninety pound et quoad residuum infra script not  guilty and judgement for the plaintiff for so much as be find for he and that  the defendant to be in pity and as to the residue that the plaintiff nil to  take in hand per breve et sit in pity error be bring be assign because the  verdict be ill give for the hundred can be guilty de caption c but they be to  be find guilty for not take the thief or not answer the say money c say non  allocatur for they may be find guilty accord to the declaration for so much as  be prove whereof the plaintilT be rob and although the plaintiff croak James  er p have put into the declaration diverse thing of which peradventure he can  not prove that he be rob yet for so much as he prove it be well enough and the  find that they be guilty of the caption c be as much as to say that the  plaintiff be rob of so much and that they have not make he amends second for  that the judgement ought to have be against the defendant quod to take in hand  a because the action suppose that they do it in contempt c say non allocatur  for that be only in a mal fesance but not in a non fesance and therefore the  judgement shall be in pity and the plaintiff be well amerce for his false  prosecution wherefore the judgement be affirm
case oldin v SAMBORN what act of a guardian with respect to a infant estate  shall be good if he give a full consideration for his ware estate it will not  be set aside Lord Hardwicke say in this cause it be improper for a guardian to  purchase his ware estate immediate upon his come of age but though it have a  suspicious look yet if he pay the full consideration it be not voluntary nor  can it be set aside see stedman v Palling post Q vol Cray v Mansfield Ves  Walmsley v booth post brook v galley post a equity of redemption may be convey  by bargain and sale ld case after Hilary term the statute of limitation will  run notwithstanding the appointment of a receiver Lord Hardwicke say though a  receiver be appoint by this court yet that will not alter the possession of  the estate in the person who shall be find entitle at the time the receiver be  appoint so as to prevent the statute of limitation run on during the right in  dispute
case oliet against Bessi a action of false imprisonment will not lie against  the gaoler of a liberty for detain a prisoner commit to his custody under a  warrant from the bailiff although the arrest be make out of the bailiff  jurisdiction SC post SC Jones SC ray trespass against the defendant for false  imprisonment wherein the case be the plaintiff be take out of a liberty and  carry by the bailiff to the defendant shower KB who be keeper of the gaol  within the liberty and have no notice of his be take out of the liberty sander  urge that trespass lie not against the gaoler though the first take be certain  wrongful and it be one entire act as to the party plaintiff and can be sever  yet when in custody the gaoler have he charge with the action and it be a  escape in he to let he go though wrongful take at first Mr attorney e contra  No notice in trespass be no excuse as in felony it be for in trespass a man be  bind to take notice who good he meddle with and who ground he walk over here  it be but one continue trespass and the bailiff and gaoler be all of a gang a  and if notice shall be necessary it must be give by the bailiff a see Ann c  Geo c and Geo c S a roll Abr a see Sanderson v baker Bl Rep shower KB er p and  not by the plaintiff the case of price v Allington cro Elizabeth where a  capias ad to give satisfaction be deliver to the sheriff who make a warrant to  his bailiff to do execution afterward a supersedeas be deliver to the sheriff  the defendant be bailiff have no notice of the supersedeas take the party who  escape and he retake he and hold that false imprisonment will lie for he be  the sheriff servant and have time give he by intendment to have notice from  his master of the supersedeas he ought at his peril to take notice thereof and  his act afterward be not excuseable Adjournatur b
case oliet against Bessi easter term car c b roll false imprisonment will not  lie against a gaoler for detain a prisoner under a legal warrant although the  arrest be illegal make SC ante SC Jones SC ray a action of escape will not lie  against the officer of a inferior court if the cause of action do not arise  within the jurisdiction to trespass of false imprisonment for nonpayment of a  fine if the defendant justify he must answer the fine trespass for false  imprisonment until what time that which divides to make argue that the gaoler  be liable for that he may bring his action against the bailiff as well as the  plaintiff a and a case be cite to have be in the common plea where escape be  bring for one in execution and a special verdict find the whole proceed in a  inferior court videlicet declaration on bind and lie to be seal and deliver  infra jurisdiction cur and non be factum plead shower KB and verdict and  judgement for the plaintiff and the party take in execution and permit to  escape but also they find that the bind be seal and deliver extra jurisdiction  c and upon this verdict on solemn debate there be judgement against the  plaintiff b then exception be take to the defendant plea because he plead that  by virtue of such process he be take and bring to his prison and detain so  long and not guilty to all the rest whereas here be no answer to the fine a  for the opinion of the court upon this point of the case see SC ante notorious  facts b this seem to be the case of squib v hold Mod but see Higginson v sheaf  and Moravia v sloper comy Rep and vo edit Trincot v carpenter ld ray and  Higginson v Hadley bull n p shower KB er p Lord chief justice the until what  time that which divides fecit be but for aggravation of damage and general lie  without time or place Adjournatur c
case oliver against lease Trinity term James roll Com dig term Rep debt upon a  single bill the defendant plead that he feoff the plaintiff of such land in  discharge of the say bill which he accept and it be hold to be a ill plea vide  Henry dyer Henry pl
case oliver and his wife against Stephens to say thou art a witch without show  a act do be not actionable ante cro Elizabeth lev action for word to the wife  thou art a witch after verdict for the plaintiff it be move in arrest of  judgement that a action lie not for these word for it can be know and if it  can it be not show that any fact be commit by her all the judge absent  Montague be of that opinion but be afterward move when he be in court he hold  that the action well lie for by the James c a every witchcraft be punishable  by pillory or as felony wherefore the general word will well maintain the  action the court therefore will advice thereof until another term
case oliver German case Wiltshire in the second year of Edward indictment for  say a king de facto and not de jure be the rightful king c Oliverus germane  tailor et some falsehood traitor a machine et proponent quomodo king Edvardum  c to tear down to be able et Henry Sextus recently de facto et non de jure  king England enemy king England authority parliament think over et approve  infra kingdom England extra kingdom Scotland to lead back et king Edvardum to  lay c death king compasser c believer et to say inter see in prophesiis ut  falsehood heretic quod dominus Henry recently king infra breve be the dawn  king in royal power England as prius et crown svan in eoden royal power to  have et to hold back to say haec in all respects she intention quod very  poplar tree domini king cordialem love to draw out judgement to be hang draw  and quarter
case oliver v tailor July the h a common recovery suffer in the common plead  will not pass copyhold land otherwise as to customary freehold if land be  copyhold a common recovery suffer in the court of common plead will not pass  such land but if land be customary freehold and pass by surrender in a borough  court yet a recovery in the common plead of such land may be good a issue be  direct to try whether the land in question be copyhold or customary freehold  and if they be capable of be entail whether such entail can be bar by  surrender or common recovery in the court of the borough or by common recovery  in the court of common plead at Westminster Reg lib b fol the editor have not  be able to learn the result of the trial at law the case of baker v wase in  Lord macclesfield time cite
case ongly against peed a devise to a and his two brother successive be not  void for uncertainty for the law direct who shall take first S c ld ray S c Eq  Abr S c comy Rep S c viner this be a writ of error out of the common plea the  case be no more than this a man devise his land to a and his brother  successive but not to be enter upon or enjoy by any of they until after  marriage a be by the verdict find to be the old brother and whether this will  be void by reason of the uncertainty who shall take be the question the court  be all of opinion that the will be a good will and certain enough for be in  the case of brother the commonlaw be a guide to the exposition of the word  successive videlicet that the old shall after his modern report marriage enjoy  it first for his life then the second and then the three especial when he who  be name in the will be by the verdict find to be the old brother have the  devise be to a b and c to take successive it will have be void for the  uncertainty a the case quote in the argument be Windsmore v Hobart hob S c cro  Elizabeth S c godb S c Hutton mellow v may more Forrett v Frampton style bear  v Amherst raym and   Litt note to former edition a
case opie and Godolphin Eq Abr c S c at the roll one who lend money on a  security which he be advice by a lawyer to be a good one yet if it prove  otherwise and he have notice that another make title to it he must deliver up  all the write relate to it but not the mortgage deed for there may be covenant  in that for payment of the money a mortgagee for year bring a bill to  foreclose but on proof that he have notice of the plaintiff title which be as  contingent devisee of a term for year on the legatee die without leave issue  behind he his bill be dismiss and now the plaintiff bring this bill for  discovery of write and to have the mortgage deed deliver up precedent in  chancery the defendant insist it be hard enough to lose his money that the  plaintiff ought not to force the write from he too especial the mortgage deed  wherein be a covenant for payment of the mortgage money and wherein possible  they may recover in damage that they have the opinion of a great man sergeant  Hooper that this devise over to the plaintiff be void but the court be clear  of opinion that the devise over be good the die without issue be confine to a  life then in be and decree that the write shall be deliver up to the plaintiff  for that the write follow the estate but the court will not oblige the  defendant to deliver up the mortgage deed for the reason before urge
case orbil against ware Hilary term James roll to a appeal of murder the  appellant may pray judgement if the appellee plead in abatement without plead  over to the felony l show Carth a appellee must appear in proper person Inst  Carth salk skin Carth hawk p c fitzg Mod Mod ld ray ld ray a appeal of murder  be bring against a b of the parish of saint James Westminster in the county of  Middlesex gentle for that he on the that day of June in modern er p the three  year of king James do run the decease into the leave part of his belly with a  rapier and that he die of that will three day afterward the defendant demand  oyer of the return and plead that there be a parish know by the name of the  parish of saint James within the liberty of Westminster but no such place as  the parish of saint James Westminster only see Ann c which require all plead  in abatement to be verify on oath burr stram a and upon a demurrer it be argue  that this plea be not good for it be in abatement the appellee ought to have  plead over to the murder so it be adjudge in the case of wall v brain cro  Elizabeth see also crisp v Verrall cro Elizabeth and hawk p c b the plead of  which case be at large in my Lord coke entry modern second he ought to have  plead in person and not by attorney the statute of Gloucester be plain in this  point curian if the plea be in abatement and the party do not answer over to  the murder yet that do not oust he of his plea but the appellant ought to have  pray judgement it be a question whether he ought to plead over to the felony  or not for the precedent be both way there be no judgement enter
case orby against pullen avowry for a rend charge whether all the land charge  shall not be name a avowry be that I S be seize in fee of such and such parcel  of land do by his deed c grant a rentcharge of c out of they per nomina c  inter alian c the exception take be that the avowant ought to name all the  land charge and not by way of inter alian for the defendant may then plead  entry and suspension extinguishment c in respect of the parcel omit and it  will be so in a assize for there all the land must be put in view and the  tenant all name it be offer contra that indeed where the grant be out of  several particular parcel in certain there those parcel ought to be certain  name in the avowry but where the grant be general there it will be enough to  name one place certain with a inter alian vide   Ent   modern report Finchs  case     Hearns pleader sand sand Thoms Ent winch a for the removal of vagrant  see the statute Geo c the Geo c Hawkins p c that edit ch and Mr Consts edit of  bott p l vol vol modern report er p and it be say that multitude of precedent  will make a law cro cro car and Bredons case but seem to approve of the  exception for he say that in avowry it will be ill to say that he demise such  land inter alian vide cro Stoner v Corbet
case orby against trigg equity will not interpose on a covenant that a  mortgagee shall have the benefit of preemption if it be not insist on until  after the estate be sell S c Eq Abr the brother of the now plaintiff mortgage  his land to the defendant and afterward die in the deed of mortgage there be a  covenant to reconvey upon six month notice of the payment of the principal sum  and interest and another covenant that in case the estate be to be sell the  mortgagee shall have the preemption after the death of the brother who be the  mortgagor his widow deliver up the counterpart of the mortgage to the attorney  of the mortgagee the plaintiff have give the defendant six month notice that  he will pay the principal and interest and have it ready to pay the defendant  refuse to accept it the plaintiff thereupon exhibit his bill for a  reconveyance of the estate have enter into article with a purchaser for the  sale thereof the defendant by his answer insist on the covenant in the deed to  have the preemption but it appear that neither the plaintiff nor the purchaser  know anything of this modern report covenant for that the counterpart of the  mortgage be deliver up as aforesaid and that the plaintiff have often make  application to the mortgagee for a copy thereof which be as often deny he  insist only to have the principal and interest pay for that the security be  too narrow for the money which he have lend and that if it be not pay by such  a time he will foreclose the equity of modern report er p redemption but never  mention that he be to have the benefit of preemption until after the estate be  sell therefore he ought not now to claim it to the prejudice of the purchaser  and of the plaintiff have so long time for that purpose before the estate be  sell and it be decree accord and the mortgagee to reconvey upon payment of the  principal and interest c
case ord against Howard Aliennee plead in bar or abatement if you plead  aliennee in bar you must lie a place where he be bear but if in abatement it  be triable where the action be bring
case ORDEWAY against parret and Halsey if the principal pay the sum recover  the bail shall he excuse but it can be plead to a S ire sharpness unless  satisfaction be enter on the rec ord post lev roll Abr Mod vent Bac Abr term  Rep to know facias bring against the defendant who be bail upon a bill of debt  bring against Hennet who plead that the principal have pay the money in which  he be condemned to the plaintiff accord to the condition of the recognizance  per curian it be rule no plea without plead payment of record for it be say  that the condition be that the defendant shall satisfy the debt otherwise the  surety will do it and this be to he understand of the most sufficient  satisfaction which be of record and therefore they disallow the plea and will  not suffer it to he enter or to he demurrer upon and do command Gerard who  plead the plea to plead another plea otherwise a nothing to say shall he enter
case ORDWEY against godfrey easter term Elizabeth roll to a to know facias  against a administrator on a judgement against the intestate he can pl  eadplene to manage post   b   b Allen more style raym keb keb comb salk ld ray  say vive Allen Mod where this case be deny to he law see also go and skin to  know facias against a administrator to have execution of a judgement against  the intestate the defendant plead gubd no one hahet good gucefuerunt intestali  tempore death juice in shades of dead nest administrand nec habuil die he e ra  ionis short catalog nec unquam P I I postea it be thereupon demurrer and hold  by all the court that it be not any plea for a judgement can be answer without  another judgement and it may be she have administer all the good in pay debt  upon specialty which be not any administration to bar the plaintiff or as some  say it may be she have pay debt upon a statute or recognizance which be not  Allowable against a judgement but Anderson deny it for there be not any  priority of debt upon record unless in case of the queen debt which be first  to he pay and here the defendant ought to have plead special how she have  administer wherefore it be adjudge for the plaintiff a by Geo c S where any  tenant for life shall die before the day on which any rend determinable by the  death of such tenant for life shall hecome Payable his executor or  administrator may recover the rend in proportion to the time elapse croak  Elizabeth er p
case orm versus smith Feb Eq can ab pl pale yellow Eq Rep S c one devise pound  videlicet pound due on bind and pound in money afterward the testator receive  part of the pound and take a bind for the other part this be no ademption of  the legacy I give my uncle orm pound videlicet the bind and judgement about  pound due to I from a and pound in money the testator live to receive pound  and take a new bind for pound other part and die Swinburne part ch fol paulets  case Raymond report a devise of pound I S owe he the testator live to receive  the pound Elliot and davenport decree for the pound legacy together with cost  it appear that the testator have be under great obligation to the plaintiff  his uncle for his education and by the answer that by his will he order that  if by any casualty the plaintiff shall be reduce to necessity the defendant  shall support he like a gentleman Reg lib b fol vide on this point note to  husband v husband ante vol p Vernon chancery case er p
case orme against Pemberton on a custom for parishioner to choose a  parishclerk the king bench will grant a mandamus to the archdeacon to swear he  in ante cro James Bl Com Cowp term Rep the plaintiff pray to have a writ grant  to revoke pemberton election who be choose by the parson of saint Catherine in  colemanstreet to be clerk of the say parish whereas the parishioner at their  vestry accord to the custom of the parish have elect the say Orme and that the  court will direct they to admit the say Orme and hereof the court will advice  and appoint that precedent shall be search what have be do in such case in  Trinity term James a prohibition be award against a parson and clerk who sue  in the spiritual court to be admit as elect by the parson and the other elect  in the vestry
case Osbaston against garton assumpsit for good sell and deliver must allege a  promise to pay their value a special request of payment and the day and place  when and where such request be make I sand ante say vide strange Yelv I Bulst  cro James error of a judgement in a assumpsit where Garton declare that  Osbaston do assume to pay to he for every stone of wool he deliver to he six  shilling and tenpence and say that he deliver to he so many stone of wool as  amount to thirtynine pound ten shilling and allege further that although spius  require to pay the say thirtynine pound ten shilling he have not pay the  defendant plead non assumpsit to pay the say thirtynine pound ten shilling nec  aliquan ind parcellam and find against he and judgement two error assign that  he say although spius require but show not the day and place of the request  and this be not proper a debt but risith by reason of the delivery of the  stone of wool and therefore ought to express allege a request be a duty that  accrue with the commencement of the promise and not before and of that opinion  be the whole court error for that the issue be that he do not assume to pay  the thirtynine pound ten shilling c which be not allege in the declaration but  that he assume to pay for every stone of wool six shilling and tenpence which  amount c and so no issue be join and of that opinion be the court and the  judgement be reverse
case osborn and bradshaw against churchman surety who have pay the money be  creditor of the principal Com dig atk stram will Cowp dougl term Rep term Rep  see cook bankrupt law d edit natural affection be not sufficient consideration  for a bargain and sale post judge res dal Leon cro Elizabeth Com dig Osborn  and Bradshaw be surety for one churchman for the payment of money and have  counterbonds to save they harmless the money be not pay at the day and the  surety pay it afterward churchman become a bankrupt and whether they be  creditor within the statute Elizabeth c m be the question and it be resolve  that they be in this case in a assize betwixt the creditor and the son of  churchman it be find that the father by indenture in consideration of love  which he bare to his son and for natural affection to he bargain and sell give  grant and confirm that land to he and his heir this deed be enrol and the  question be whether the land shall pass?It be hold it shall not unless money  have be pay or state be execute for the use shall not pass but because the son  be then in possession it be hold to enure by way of confirmation
case osborne against Jerome a declaration in assumpsit in a inferior court for  good sell and deliver must aver that they be sell and deliver within the  jurisdiction of the court error on a judgement in assumpsit in a inferior  court the declaration state that he be indebt at Derby within the jurisdiction  of the court for diverse ware h see the case of ewer v snow where sup I this  case be argue again in the Hilary term follow and Skinner report that the  court hold plain that Joan cook be not remit by accept the surrender nor the  estate tail bar by her suffer the recovery SC skin and this be confirm by  Ventris who report that as to the recovery it be hold clear good although a  stranger who have nothing in the land be make tenant to the praecipe with the  tenant in tail for the recompense in value shall go to he who lose the estate  and be a common assurance it be to be favourable expound SC vent Mr holt who  argue for the plaintiff say he will not insist upon the matter of law and the  exception to the plead be afterward overrule and judgement give for the  avowant SC skin see Lincoln college case   wonder griffin v Stanhope cro James  shower KB er p sell and deliver and be so indebt do at Derby aforesaid within  the jurisdiction of shower KB the court assume and promise and assign for  error that the good be not allege to be sell and deliver within the  jurisdiction of the court and allow and judgement be reverse a
case Osbourn against Eden Trinity term Elizabeth roll a ssum I psalm t lie by  a solicitor against his client upon a general retainer ante cro car hob roll  ab Jones Com dig assumpsit upon retain he to he his solicitor for the  prosecution and defend his lawcauses he promise to give unto he so much c the  defendant thereupon demurrer suppose it to have be unlawful and it be adjudge  for the plaintiff that the action be maintainable and in Trinity term  Elizabeth roll the like case be adjudge accord
case Osbourn against rider Hilary term James roll ejectment allege with a  postea though lie on the same day with the demise be good ante post hargrave    light b a notorious facts Bulst more roll ab dyer cro car sand ld ray salk  Cowp Bac Abr dougl Powel on power term Rep ejectment be bring upon a lease  make the first day of January James habendum a dato indenturae prediction and  the ejectment be the same day after verdict for the plaintiff it be move in  arrest of judgement that this lease be make habendum a dato indenturae  prediction croak throw be as much as to say from the day of the date as it be  hold in Cleytons case a and then the ejectment be the same day it be ill  allege but all the court resolve that the date be the time of the delivery and  it differ from the time or day of the date wherefore the ejectment be allege  postea the same day be good enough and it be adjudge for the plaintiff
case Osbourne against hosier comparison of hand be good evidence to prove the  attestation of a bind S c holt debt be bring upon a single bill for payment of  two hundred and thirty pound on demand upon non be factum plead one of the  subscribe witness be produce and give full evidence of the ensealing and  delivery of the bind on the other side be produce a person of the same name  and surname with the other subscribe witness who acknowledge that the hand be  very like his but that it be not his that be never know either of the party  nor the other witness nor can the other witness say that he be the man and  both their reputation be make good in proof holt chief justice order they both  to write their name and thereupon leave it to the jury who find for the  plaintiff and here holt chief justice rule that this be a single bill it need  no specification accord to the late statute because it do not carry interest  yet direct the jury to give damage videlicet interest and where it be object  that it be Payable on demand and that no damage or interest incur till demand  and none be prove holt chief justice say that can not have be take advantage  of upon non be factum or any other collateral issue but shall have be plead  but see the case of swire v bell term Rep a
case Osbourne against rey slander lie to be speak of one a b innuendo the  plaintiff be not sufficient without aver that a b be the person speak of SC I  vent case for slanderous word pro eastern that the defendant do go to a  justice c and say I have lose some sheep and do suspect one John Osborne  innuendo the plaintiff and thereupon procure the aforesaid John to be arrest  after verdict it be move in arrest of judgement that the innuendo be not a  sufficient averment that the plaintiff be the party which the defendant mean  by one John Osborne and no colloquium or communication lie c so for say your  landlord be a thief a action will not lie unless the plaintiff aver that he at  the time of speak of the word be landlord to the party to who the word be  speak forswear before such a judge not actionable without lie of what court  and aver a clause to be depend c and judgement be stay in the principal case
case osway against Bristol to trespass for take cow in the plaintiff close a  plea that they be take damage pheasant in the defendant close be good though  no title to the land be show a action of trespass for take cow in the  plaintiff close the defendant plead in bar that they be damage pheasant in  enclosed space his the plaintiff demurrer because he set forth no title to the  close it be resolve that it be well without it for a possessory right be  sufficient to maintain a action of trespass and this difference be take that  where the defendant justify to a place special lie down in the declaration  there a title must be show but where no place be special lie down as here  there be none there he need not modern report michaelmas term the ten of queen  whether in the court of chancery sir Simon Harcourt Knt Lord keeper sir John  Trevor Knt master of the roll
case oven against waterhouse the grand cape shall be supersede if the return  of the summons be contrary to Elizabeth c post Jones Mod lev salk a  supersedeas be move for to stay proceed upon a grand cape in dower because  erronic to flow out because the return of the summons be not after summons  accord to the statute of Elizabeth c the word of which statute be that after  every summons upon the land in any real action fourteen day notice at the  least before the day of the return thereof proclamation of the summons shall  be make on a Sunday c at or near the most usual door of the church or chapel  of that town or parish where the land whereupon the summons be make do lie and  that proclamation so make shall be return together with the name of the  summoner second the land lie in a will call Heriock and the return be of a  proclamation of summons at the parishchurch of Halifax and it do not appear  that the land lie within that parish three the return be proclamar jeci  secundum form staluti and it be not return to have be make upon the land hob  Allen v Walter the court these be all hold erroneous and the grand cape be  supersede modern er p easter term the twentyseventh of Charles the second in  the common plea Wednesday April sir Francis north Knt chief justice sir Robert  Atkins Knt sir Hugh Wyndham Knt sir William Ellis Knt justice sir William  Jones Knt attorneygeneral sir Francis winnington Knt solicitor general
case Overbury against Overbury the birth of a child be a virtual revocation of  a will of personal property upon a appeal before sentence to the delegate it  be adjudge that if a man make his will and dispose of his personal estate  among his relation and afterward have child and die that this be a revocation  of his will accord to the notion of the civilian this be a undutiful will a a  a will devise real estate may be virtual revoke by the same alteration in the  circumstance of the testator family as will revoke a will dispose of personal  property Brudenel v Boughton atk brown v Thompson Swinb and it seem to be  settle that the alteration presume from a subsequent marriage and the birth of  a child be the only circumstance sufficient for this purpose lugg v lugg salk  ld raym Eyre v Eyre Peer wms brown v Thompson case in Eq pullen v husband Eq  case for marriage alone be not sufficient wilkinson case vern Wellington v  Wellington burr nor even marriage and the birth of child who die in the  lifetime of the testator driver v stand will but as the concurrence of these  two circumstance only raise a presumption of the testator intention to revoke  his will that presumption like all other may be destroy by evidence of the  contrary Brady v cubit dougl it shower KB er p
case Owen against long and other Michaelmas term car roll justification of a  commitment by the court of request in London trespass of assault battery and  imprisonment in the parish of saint Nicholas in Basingstreet for two day the  defendant justify by reason of special Act of parliament for the relief of  poor debtor James e S a whereby it be enact that every poor citizen and  freeman inhabit in London be sue for debt under forty shilling may exhibit his  suit in the court of London call there the court of request in London who  shall nominate commissioner b to the number of twelve and that any three of  that commission may send for any creditor who be complain of in sue for such  debt under forty shilling and if he refuse to come or perform not their order  they may cause he to be arrest by any sergeant of London and commit he to  prison there to remain until he perform the say order and the defendant say  that by reason of the command of such commissioner at such a parish in  woodstreet because he refuse croak car to come before they he be commit to the  compter in woodstreet et hoc a preparation be verify upon this the plaintiff  demurrer pheasant for the plaintiff take diverse exception to the plea first  because he do not show that the debtor who complain be poor and a citizen and  freeman inhabit in London otherwise the Act do not give they authority to  meddle a second because the battery and imprisonment be allege in the parish  of saint Nicholas and he justify in another parish and do not traverse the  battery and imprisonment allege in the declaration three the conclusion of the  plea be not well et hoc a preparation be verify where there be two defendant  for it ought to have be prepared are c
case Owen case on a trial in prohibition if land be find to be not barren and  a consultation be award in a suit for tithe of such land and the spiritual  court proceed contrary to the verdict at law a prohibition shall go though  after sentence prohibition there be a suit for tithe and a prohibition grant  hence upon a suggestion of the land be barren and new improve a keb b see the  case of Pigott v palmer more c Parker v tailor Leon   and d Jones bridge  Hutton e Skinner report that judgement nisi be order for the defendant in  Michaelmas term follow and that per Trevor the court say that no lease though  for five hundred year create by a feme jointress by deed be a forfeiture  because the heir may avoid it but he add quod ego non remember SC skin shower  KB er p hereupon a trial be have on a declaration on the prohibition and a  verdict for the parson that the land be not barren and thereupon there be a  consultation and be proceed there get a sentence from thence there be a appeal  to the arch and there they enter a allegation that the land be barren and the  court there be proceed to repeal the sentence because barren land though  contrary to the verdict at law and upon all this matter the court grant a  prohibition quoad the allegation of barren land a
case Owen HANNINGS case on a to know facias to avoid a patent office a person  who be to be deputy to the plaintiff in case the patent be repeal may be  examine as a witness S C keb Mod Mod Mod Peer wms ld ray vern Prec Ch Abr Eq  comens stram bullers n p will pale yellow evidence that edit term Rep in a  trial at bar upon a to know facias to avoid a patent of the office of searcher  exception be take to a witness that he be to be deputy to the party that will  avoid the patent Twisden justice if a man promise another that if he recover  his land the other shall have a lease of it he be no good witness so neither  be this man but by the opinion of the three other judge he be allow because  the suit here be between the king and the patentee
case Owen joan against Elizabeth hoel easter term Elizabeth in the exchequer  Trinity term Elizabeth rot ultimo in ejectment for land it be not necessary to  state the quantity of acre if it be otherwise sufficientl descrihed see post    a cro James cro car salk Carth Mod I burr Bac Abr objection firmce of seven  close one call Greenmead and so give to the other several name after verdict  find for the plaintiff upon not guilty plead it be move in arrest of judgement  that he ought to count of a certain numher of acre for now no writ of  execution can he award to put he in possession and so it be in every prcecipe  for land curian contra that be well enough for when a name be give to every  close although the content of the acre be not mention videlicet so many of  land so many of pasture c it be sufficient though it be more formal to express  the acre and it be aid by the statute of Jeofails and the court be ascertain  of the truth and Popham attorney say he have know it thrice so adjudge and the  plaintiff have croak Elizabeth trinity term Elizabeth in the queen hench sir  Christopher Wray Knt chief justice sir Francis gawdy Knt John cleach sq Edward  Fenner Esq justice sir John Popham Knt attorneygeneral sir Thomas Egerton Knt  solicitor general
case Owen vers sarah smith executrix of Thomas smith in scacc where a demand  be below the dignity of the court the bill shall be dismiss without enter into  the merit this be a bill for the discovery of asset and it be suggest that the  plaintiff have apply to one matthews to be his attorney in a action of assault  and battery by the plaintiff against Thomas smith and upon a treaty of  accommodation between they it wit agree that the plaintiff shall pay smith S  towards the expense and that smith shall pay the attorney bill who deliver a  bill of S d but smith die before the payment to he of S or payment by he of  the charge the defendant admit asset and that she find such a bill among her  husband paper but look on it as a unreasonable bill the plaintiff bring on the  cause to a hear not content with the discovery and it be insist by Mr  Wilbraham for the plaintiff that where the bill be for a discovery the  plaintiff may have relief for a debt or demand certain or which may be make  certain that in this case the attorney bill though not tax may be ascertain by  the officer of this court who frequent tax bill for proceed at law as well as  in equity comens it be admit that if a bill in equity be necessary for a  discovery the plaintiff may have a decree for the demand in case it be certain  and admit to be due which be to avoid a multiplicity of suit but here the  plaintiff have a plain remedy at law and the demand be not ascertain nor admit  for though a bill be deliver that do not prove so much to be due and the  answer say that it be unreasonable and although matter of law and equity be  contain in a bill the whole may be refer to a officer of the court yet that be  not so proper where the whole be a transaction at law and here the plaintiff  demand be but S d which be a cause beneath the dignity of the court so the  bill be dismiss
case Owen well against HEMMERSON to say thou art a rehel be not actionable  ante post roll Abr salk ld raym Mod action for these word thou art a rebel and  no true subject after verdict it be move in arrest of judgement that a action  lie not for these word and the whole court be of that opinion for he may he  say to be a rehel upon a proclamation of rehellion against he in a English  court and it be afterward adjudge accord a but this error be now cure by James  c pound car c Ann c and Geo c croak Elizabeth er p
case owlet against Osbourn a assumpsit will not lie upon a promise to pay over  money receive from a three person unless a day of payment he give Qucere Cowp  dougl assumpsit the case be that one deliver ten pound to the defendant to  deliver to the plaintiff and the defendant promise the plaintiff to pay it  unto he upon this the plaintiff bring his action and rule that it lie not but  Walmsley say if the plaintiff have give a day before the payment thereof it  have be a good consideration
case owner Holles versus wise may interest reserve at pound per cent but if  not duly pay then to answer interest at pound per and great arrear of interest  mortgagor decree to pay but pound per cent the reservation at pound per cent  be only as a nomin pn but where interest be reserve at pound per cent and if  duly pay then agree to take interest not duly pay and court allow pound per  cent Ant case post case the plaintiff lend the defendant money on a mortgage  at pound per cent interest but if not punctual pay every six month r l then to  answer interest at pound per cent per and there be a great arrear of interest  the question be whether it shall be compute after the rate of pound or pound  per cent Vernon chancery case decree the defendant shall pay but pound per  cent and the court look upon the reservation of pound per cent but as a nomin  pn to oblige the defendant to the more punctual payment but the case of Lord  hallifax be cite where interest reserve at pound per cent but if duly pay  agree to accept pound per cent and because not punctual pay interest allow at  pound per cent per and vide Lord hallifax case ante p stride v Parker post the  defendant wise file a cross bill pray time to redeem and to be relieve against  the proviso for payment of interest at pound per cent and the decree be for  payment of interest at pound per cent only but with this further that he be on  or before a short day therein mention to pay pound of the interest in arrear  and to sign the register book forthwith and in default of such payment and  sign and also payment of what shall be certify due as therein mention then the  say wife bill be from thenceforth to stand absolute dismiss with cost Reg lib  a fol
case oxburgh versus Fincham februar Eq can ab pl S c in case of abatement it  be not necessary to revive against a defendant that have not answer demurrer  to a bill of revivor because the plaintiff have not revive against all the  defendant per cur it be not necessary to revive against a defendant that have  not answer in this case there appear to have be a crossbill a demurrer to  which be overrule and therefore no cost Reg lib b fol vide Gealer v heath in  can hill Geo so a suit may be revive as to part Mitf Tr p
case OXWITH versus plummer refer to Holmes v Powell de g m g Feb Lord  chancellor pale yellow Eq Rep S c the trust of a copyhold shall not pass by a  grant of all the grantors land where the grant be only for secure a sum of  money plaintiff be a mortgagee and afterward have a absolute conveyance of all  that message call bishop with all the land therewith use and enjoy or repeat  part or parcel thereof or whereof any in trust for the mortgagor be seize  Elizabeth wiseman the mortgagor have a right to eight acre of copyhold but the  legal estate be in sir Richard her father and although the eight acre be  copyhold yet there be no surrender make of the copyhold sir Walter plummer who  have lend the money to Richard and Elizabeth wiseman get a surrender of the  eight acre and bring a ejectment the surrender be from sir Richard wiseman to  sir Walter plummer at the request of Elizabeth wiseman his daughter for  security of what be and shall be due from the say Elizabeth wiseman to the say  sir Walter plummer and the say sir Walter be admit that July Reg lib b fol  bill to be relieve Lord chancellor here be no specific agreement for the  copyhold second a debt before due the same if long credit be give for it as if  the money be then lend three possession of the undertenant not sufficient to  affect he with notice fourthly I take it nothing intend to pass but the  freehold and affirm the decree Reg lib b fol the cause be mention to have be  original hear at the roll d Feb and that April when his honour dismiss the  bill with cost Reg lib b fol but the editor have not be able to find any entry  of the plead nor of the hear on the d February
case pack and other versus Bathurst July a have a power to charge a sum of  money on land by deed or will and execute it by a voluntary deed the court in  favour of the creditor of a will consider it as personal asset and lie hold of  it for their benefit vide Bainton v ware atk and the case there cite in the  note Troughton v Troughton atk the bill be bring for a account of the personal  estate of the testator Edward Bathurst and that it may be apply in a course of  administration towards payment of the plaintiff creditor and in case the same  shall be insufficient for that purpose that a account may be take of the rend  of the teal estate of the testator and so much sell as may be apply in  satisfaction of the debt of the plaintiff one point in this cause be whether a  power to charge a sum of money videlicet pound on land either by deed or will  and atkins which have be execute by a voluntary deed of the that of August  shall be consider as personal asset and a casewas cite where it be say Lord  Talbot be of opinion that it shall Mr brown the king counsel say that it be a  very extraordinary determination but Lord Hardwicke declare he will lie hold  of it for the benefit of creditor and order it to be refer to the master to  take the account of the creditor of Edward Bathurst and also of his personal  estate and that the same be apply in payment of the debt in a course of  administration and his lordship declare that the defendant Lutman and Wyatt  and their wife who claim the benefit of pound for their wife by the settlement  of the father make before marriage which have be establish by a verdict be not  entitle to the benefit of the sum of pound under the trust of the term create  by the deed of the that of August but be make subject to the testator  appointment ought now to be consider as part of his personal estate Reg lib b  fol
case page against Keble word not actionable ante cro Elizabeth hob Com dig  action for these word thou art perjure for thou art forswear in the bishop of  Gloucester court after verdict it be move that a action lie not for these word  the court be of that opinion and give rule for judgement accord
case page case a custom to pay different fine accord to the manner of alienate  copyhold be good roll ab   Cop   cro car pale yellow ten dougl note upon  evidence to a jury for the custom of the manor of Turlox in the county of  Bedford in the common plea the custom upon evidence in a ejectment be find to  be that the land be demisable for twentyone year pay the Triple value of the  rend and if he die within the term that the term shall be to his heir pay a  fine certain of one year rend and if he assign the term the assignee shall  have it pay for a fine one year value of the rend and he who have it may by  the custom renew it for twentyone year pay three year value and this be admit  to be a good custom by the court
case paget against gee upon the death of tenant in tail the rend shall be  apportion see a full note of this case from Mr belt ms post appendix f lib Reg  b fol in chancery that Nov and that Dec tenant in tail lease but not accord to  the statute and die without issue between the day of payment remainder man  receive the whole rend bill by executor of tenant in tail for a apportionment  Lord Hardwicke chancellor after argument this be a new case no precedent have  be cite but be of opinion it be so strong I shall make it a precedent there be  two ground on which the bill be bring saint that plaintiff be entitle either  legal or equitable under stat Geo c S ambler d the tenant have actual pay the  whole of the rend to defendant which he be not bind to do in strictness that  such payment be for the use and occupation during the whole time from the last  day of payment and that plaintiff testator live to within a week of the day of  payment so that defendant can be entitle to more than a week rend to saint  question consider it on the legal construction of the statute dly in equity on  the ground and reason of the statute saint on legal construction before  statute the rend to the death of the tenant for life be lose the law will not  suffer his representative to bring a action for the use and occupation much  less can he if there be a lease and the remainder man can not because the rend  be not due in his time so the rend be lose and real injustice arise in the  present case there be a lease but that will not bind the remainderman nor will  it bind the issue this case be not within the word of the statute there be two  description in the statute in the preamble it be one have only a estate for  life and in the enact part it be where any tenant for life c the former be  more general than the latter ambler er p
case PAGRAMS case judgement upon a old warrant of attorney can be enter  without leave of the court or affidavit of the party be alive in case of a  warrant of attorney to confess a judgement after a year judgement be not to be  enter up without leave of the court upon motion and affidavit of the party be  live especial the defendant or the conusor as also that the debt be not  satisfy accord I move one Pagrams case this term which the court grant shower  KB hilary term the thirtyfourth and thirtyfifth of Charles the second in the  king bench sir Edmond sander Knt chief justice sir Thomas Jones Knt sir  William dolben Knt sir Thomas Raymond Knt justice sir Robert sawyer Knt  attorney general Heanage finch Esq solicitor general
case pain against Malory if a lessee for year attorn to a second grantee of  the reversion the grantor may enter for a condition break although no  attornment have be make to his grantor post S c co upon a special verdict the  case be that one make a lease for year reserve rend and if the rend he arrear  and distress take for it and not redeem within six week that the lessor may  enter the lessor grant this reversion by fine the croak Elizabeth conusee  grant it over the lessee for year attorns to the second grantee the rend be  arrear he distrain the lessee sue a replevin and have the hest deliver unto he  but make not any other redemption of they within the six week the grantee  reenter for the condition break and whether his entry be congeable be the  question for admit that the rend and the reversion he settle in the grantee by  the attornment of the lessee so as he may avow for it although the conusee be  his grantor can not I whether he may take advantage of this condition because  the conusee who be his grantor can not because there be not any attornment  make unto he and the Henry c give the same remedy to the grantee of a  reversion as his grantor have a second admit he may whether this redemption if  the distress by replevin sue which be not absolute he a redemption thereof  within the intent of the condition Qure for the justice deliver not any  opinion therein say adjournatur
case pain against porter in the exchequer Chamber a action will lie for  malicious prosecute a man for felony although the grand jury throw out the  bill ante roll ab Yelv latch hob salk Mod stram onslow n p hawk PC dougl to  Rep error of a judgement in a action upon the case for that the plaintiff  false and malicious impose upon he sin felon suppose that he have rob he and  false and malicious exhibit against he a bill of indictment suppose that such  a day and year he rob he and exhibit it to the grand jury in the county of  Nottingham and affirm the matter in the bill to be true where in fact it be  false and that the jury find a ignoramus thereupon whereby he be enforce to  great cost and charge for the defence of his good name and fame the defendant  justify and it be find against he and judgement give for the plaintiff in the  king bench without exception the defendant bring a writ of error and assign  for error that this exhibit a bill of indictment be no cause of action but all  the justice of the common plea and baron of the exchequer agree that the  action lie for although the exhibit of a bill upon true and just presumption  croak James er p be excusable and no action lie yet when it be allege that he  false and malicious without any such cause have accuse he of felony and  exhibit this bill false and malicious that be a great cause of slander and  grievance and just ground of action for the plaintiff and the defendant have  make his justification and all his cause of justification find to be false it  be good reason that the action shall lie wherefore the judgement be affirm
case palfrey case a indictment of barratry must state that it be against the  peace or the form of the statute but it need not state the special matter side  roll ab cro car cro Elizabeth latch Mod Mod hawk p c hawk p c strange palfrey  be indict that he be common barrectator a strife et disunion inter  neighborhood seminator et peace king perturbator in magnum contempt domini  king et malum exemplum another fault omit these word contra peace domini king  well contra form to cause to stand exception be take for these cause and for  that he do not allege in what point of special matter he be a common barrator  or where he be common fighter or common peace perturbator this exception be  not allow for the indictment be good without allege special matter but for the  omission of contra peace c it be hold to be insufficient for it be a essential  part of the indictment and therefore be reverse
case palm of the hand against HEBLETHWAIT prescription to have a water course  to a ancient mill be not destroy by pull down the old and building a new mill  on the same stream SC ante SC show SC Mod SC lev SC Carth SC comb SC skin SC  holt case for divert a watercourse lie three way upon one be find a special  verdict and as to that the case be a man have a ancient watercourse through  his land to a old mill and he pull shower KB that down and build a new mill a  stranger abate a dam which guide the stream the dam stand on this stranger  ground and guide the water to the defendant and plaintiff ground both and as  to this three offence whereon this verdict be find by all the court it be hold  for the plaintiff but as to the other adjornatur
case palm versus Danby a guardian during the infant minority may without the  direction of a court of equity pay off a mortgage and the interest of any  other real encumbrance a dowress have a right to redeem a mortgage and hold  over till satisfy in this case one question be whether when a estate descend  to a infant subject to encumbrance the guardian must or may without the  direction of a court of equity apply the profit to discharge the encumbrance  or the interest of they or whether they shall not be account personal estate  and so the administrator of the infant entitle to they if the infant die  during his minority the court hold that the guardian may without the direction  of the court pay the interest of any real encumbrance and the principal of a  mortgage because that be a direct and immediate charge upon the land but not  any other real encumbrance another question be whether a dowress have a right  to redeem a mortgage and my Lord keeper declare his opinion to be that she  have pay her proportion of the mortgage money and to hold over for the rest  and distinguish it from lady radmor case for there be a satisfy term and the  husband have a power to bar her by assign over the term which he do but here  it be only a mortgage and against the heir vide wms and the case there cite  ante and reference in the case of Dixon v Saville brown Rep I bro c c Lord  Loughborough hold the point that a widow be not dowable of a equity of  redemption of a mortgage in fee so much settle as to think it will be wrong to  discuss it much
case palmer against ALLICOCK if a intestate leave two son and one of they die  intestate his share of his father estate shall go to his administrator and not  to the administrator of the father SC ante SC skin SC Mod SC comb prohibition  often argue about the case of one son die intestate under age to who  administration belong whether to the other son as next of kin or to the mother  and a consultation be grant note the reason of three judge be because they  have a jurisdiction and of another because no interest vest yet quaere for it  seem if they proceed contrary to the statute they ought to be prohibit and it  seem that a interest be clear vest by the Act of distribution and so have it  be hold in chancery and the exchequer all along shower KB er p
case palmer against BYFEILD recognizance take in London and to know facias on  it to the sheriff of Middlesex a recognizance be take before a judge of the  court of king bench at his chamber in sergeantsinn in fleet street London and  afterward a to know facias be bring direct to the sheriff of Middlesex without  mention that the recognizance be enrol and now it be move to quash the proceed  on this to know facias because it will not lie into Middlesex upon a  recognizance take at a judge chamber Allen a and the court be of that opinion  but that if the recognizance have be enrol the to know facias will have be  good either into London or to Middlesex at the election of the party but if  not enrol then it lie into London only modern report er p
case palmer against potter and other Hilary term Elizabeth roll a action will  not lie against the bailiff of a franchise for a false return make before the  writ to the sheriff be returnable and after they be amoved from their office  for it be void and as no return roll Abr more roll Abr stram Com dig Cowp  Douglas term Rep action upon the case against the bailiff of Northampton for  that upon a become facias direct to the sheriff of the county of Northampton  returnable octab mich he send his warrant to the defendant be bailiff of  Northampton to execute it who return no one good c before Michaelmas and at  Michaelmas they be amoved from their office and other choose and for this  false return the action be bring and all this matter find by verdict and it be  clear hold I that all the court that it be a void return for the writ be  returnable Octa mich the sheriff ought not before that time to have accept any  return of no one good for he may have have some afterward and before the  return of the writ and the writ hein by they return after Michaelmas they be  discharge of their office it be void for they have no authority to meddle with  the return after but if they have execute the writ before Michaelmas then the  sheriff may have accept of their return before Michaelmas but not after  wherefore it be adjudge for the defendant a a see hard Jones a see Geo c a the  court hold that a action will have lie against the bailiff for negligence in  not execute the warrant or against the sheriff for return the answer of a  bailiff make after his removal from oland e S c moor croak Elizabeth er p
case palmer against Staveley assumpsit for money have to the use of the  defendant good after verdict S c post S c salk S c comy Bac Abr Indebitatus  assumpsit there be two count and after verdict and general damage it appear  that one of they be for money receive to the defendant a see accord gilbert  law of evidence d edit Lynch v clerk salk king v Gordon dougl notorious facts  Birt v barlow dougl Tillard v Shebbear will a under what circumstance the  court will grant inspection of book see Mr Nolans note to the case of king v  the Hostmen of Newcastle stram where all the case upon this subject be collect  and arrange under their respective distinction a but see the case of argyle v  hunt stram S c fort S c cite atk Blacquiere v Hawkins dougl modern report er p  own use and though it seem to be a slip of the clerk yet the court hold it  fatal vide yet I Mod side keb a
case palmer against thorpe a let we a manor for year and the next day let we  it to another for year to come ce at mich next after the date this passes a  reversionary interest post     Bac ab and the case there cite dougl the case  be a let the manor of d to b for thirty year and the next day let we it to  another for forty year to commence at Michaelmas next after the date the  tenant do attorn the question be if it hea good grant of the reversion be to  commence at a day to come?Gawdy a reversion for year can commence at a day to  come for then the grantor shall have a less r estate in himself Wray c j the  reversion be for year be a chattel which may well expect and if I have a rend  in fee I may grant it for year to commence at Michaelmas for a estate do not  pass but a interest coke it have been adjudge if a man grant his term from  Michaelmas it be good for it be as a lease from Michaelmas
case palmer against wilders easter term Elizabeth roll the valour maritagii be  due de mero jure and therefore in a action for the recovery of it it be not  necessary to allege a tender of marriage for the tender be not traversable  post Yelv   cro Elizabeth cro car Bl Com intrusion in maritagio non salisfacto  and do not allege any tender it be thereupon demurrer upon the declaration all  the court except gawdy who be absent resolve without hear any argument that  for the value of the marriage tender be not requisite for it be due de mero  jure without any tender and the allege of tender be but surplusage and give  colour to traverse it whereas it be not traversable vide the earl of Pembroke  case William justice say that he have know it to be so rule in the common plea  and in the exchequer wherefore they give rule to enter judgement accord unless  c at another day Stephens move to be hear to argue it for the defendant Gawdy  say that he much doubt thereof by reason of the diversity of opinion in the  book concern the question but because the other justice have resolve it they  without further argument adjudge it for the plaintiff see car c by which the  valour maritagii be abolish
case palmer against wolley London be not a market overt as to good private or  improper purchase   pop and more cro James action sur trover a prescription be  allege that every shop in London shall he say to be a market overt for all  ware there sell which the court upon the first motion conceive to he too  general and unreasonable a custom Anderson say it have be agree that if one  buy in a shop any thing which appertain not to his trade as to buy plate in a  mercer or draper shop it be not a market overt as to that purpose so if the  sale he in a back sho or in another place not open no property shall he change  by such sale see I James c stram Peer will atk
case palmer vers stavely in b r after a verdict the word ad use to ward off  instead of ad use to express grief shall be reject I raym SC Mod SC salk S c  infra p Com dig Bac Abr this be a action on the case upon a indebitatus  assumpsit for money have and receive by the defendant for the plaintiff ad use  Self the defendant where it be intend to have be to the use of the plaintiff  and after a verdict it be move in arrest of judgement for that the plaintiff  have declare of money have to the use of the defendant and therefore have no  cause of action of his own show for the money be receive to the use of the  defendant the plaintiff can recover it say non allocatur for after a verdict  for the plaintiff the word ad use to ward off comens shall be reject for a  verdict can not have be find for the plaintiff if evidence have not be give  that the money have be receive for his use and the declaration further say  that the money be receive for the plaintiff and so the subsequent word to the  use of the defendant shall be reject and to this purpose be cite the case  between keb a Norworthy and wildman Mod Rep keb S C b side and a case in this  court between Pattison and Milton hill W m in b r c W Mod d where a  declaration that the plaintiff assume to the plaintiff be aid after a verdict
case palmer versus young see in re Fulham l I Ch eoden die Eq can ab b pl S c  three lessee of a church lease one renew in his own name it shall be a trust  for all one of the three that hold a lease under a dean and chapter surrender  the old lease and take a new one to himself per cur it shall be a trust for  all Reg lib b fol so Featherstonhaugh v Fenwick Ves
case panton against the earl OF bath a variance between a to know facias and a  judgement in the court of Oliver protector of England and the dominion and  territory thereof by leave out the word territory be not material cro  Elizabeth Mod Mod Mod Mod Com dig pleader l stram ld ray ld ray term Rep a to  know facias to have execution of a judgement obtain in the court of Oliver  late protector of England and the dominion and territory thereunto belong and  in recite the judgement it be say that it be obtain before Oliver protector of  England and the dominion thereunto belong leave out the word territory Mr  pollexfen upon a demurrer hold this to be a variance and like the case Orde v  Moreton Yelv a where a writ of error be bring to remove a record in ejectment  direct to the bishop of Durham set forth that the action be between such party  and bring before the say bishop and seven other person name they and the  record remove be a ejectment before the bishop and eight modern other so that  it can not be the same record which be intend to be remove by the writ e  contra it be say suppose the word Scotland shall be leave out of the king  title will that be a variance the judicature in this case be still the same  and the plead be good in substance and of that opinion be the whole court
case Papworth versus more eoden die master of the roll Eq can ab pl S c legacy  of pound to be pay to a at his age of if he die before to go over to b a die  before b shall have it present a legacy of pound devise to I S to be pay at  twentythree year of age if he die before to go over to a b I S die a infant  Vernon chancery case question whether it shall be pay to a b present or not  until such time as I S will have be twentythree per cur decree to be pay  present vide anon ante p and case cite in not there
case paramour against chapman easter term James roll to a avowry on Henry c  the plaintiff can plead non tenure general Yelv ass ass Edward pl ass   Inst  more hob   light clift contra raym Com dig Bac Abr dougl replevin the  defendant avow upon the statute Henry c infra fee et dominium upon a stranger  the plaintiff say non to hold general without allege tenure de to some place  and traverse the tenure allege and it be rule to be ill and for that cause a  repleader award croak James er p and it be hold that the plaintiff may have  all plead which he may have at the commonlaw except disclaimer for he may  traverse the tenure or plead horse de son fee but he can plead non tenure  general at the commonlaw see Geo c
case paramour against johnson matter in law which avoid the action may be  plead general and that matter give in evidence ante p S c ld ray Bac Abr ante  p postea pasch W sander case pale yellow c b vide Inst b assumpsit upon  several promise plea that the defendant pay such a sum in satisfaction of all  promise till such a time which the plaintiff receive in satisfaction without  hoc that be make any promise since the plaintiff demurrer for that the plea  amount to the general issue a holt chief justice it be no true rule that where  defendant may plead the general issue and give the special matter in evidence  he shall not modern report plead special wherever you may plead matter in law  which avoid the cause of action you may plead general and give that matter in  evidence or you may plead it special and upon all general issue you may give  special matter in evidence if you give colour you may plead it special as in  debt for rend you may plead nil debet and give release in evidence vide  Lyfields case b where in trespass for good the defendant confess the take but  say he buy they in market overt but it be indulgence to give accord with  satisfaction in evidence upon non assumpsit plead but that have creep in and  now be settle but here it appear the sum pay be less than those declare upon  the plaintiff have judgement the court hold if it have be a collateral  satisfaction the plea have be good
case paramour against pain Michaelmas term pound Elizabeth roll to a plea of  foreign attachment the plaintiff may reply that he be not indebt to the  defendant post I roll ab Lut Bac Abr Com dig will dougl term Rep debt for  forty pound the defendant plead that the plaintiff be indebt unto he in and he  therefore sue a plaint in London and there this debt in demand be attach in  his band and he plead the foreign attachment incertain and the judgement  thereupon c the plaintiff reply that he be not indebt to the defendant in l  nor in any other sum and it be thereupon demurrer by Tanfield for the debt be  not now traversable because it be recover in Londonel gion disrationatur  within the year and day as it may he by the customi but coke attorneygeneral  move that the replication croak Elizabeth be good for whether he be indebt or  not be very well issuable for if he be not indebt they in London can not  attach the plaintiff debt by a foreign attachment for nothing and so be the  opinion of the whole court and Fenner say that in the common plea Elizabeth it  be so rule in one bray case wherefore it be here adjudge for the plaintiff
case parcel case a indictment for barratry need not show the place or the  cause of the offence I e keb latch content palm term Rep he be indict that at  such a day and diverse day before and after he be a common barretor eiperturba  torpacis but show no place where nor cause for which he be a common barretor  and these exception be take by Lewkener but the court hold it good without a  special cause show and the place be not material that for it be in every place  and the trial shall he de corporecomitalas
case park against Jackson a entry in ejectment after werdict and before  judgement do not abate the writ and a variance hetween the return of the  venire and the writ be help by Elizabeth c ante post more Cowp error of a  judgement in the queen hench in a ejection firmte the error assign that the  plaintiff after verdict betwixt the day of the nisi prius and the day in banc  have enter whereby by bill be abate and it be thereupon demurrer and without  hear any argument resolve that it can not he assign for error for it prove  that the bill be abateable but it be not abate in fait Cmd although it be  allege that this be mesne hetween the day of nisi prius and the day in banc so  as he have not day to plead and therefore shall assign it for error the court  notwithstanding hold that it be not material to assign it for error for upon  such surmise which go only in abatement the judgement shall not he examine a  second error assign be that the v venire facias be award returnable upon the  roll die Sabhathi post quindena Martini and the writ itself be returnable die  Jupiter post quindena Martini so as it vary from the roll and be not warrant  thereby wherefore c the court hold it to he no error for in regard a distringa  be award upon it and the trial be upoh the distringa the verdict be good and  if not it be bolpen by the Elizabeth c of misawarding of process wherefore the  judgement be affirm
case parker against brown a promise by one of two candidate for the office of  undersheriff in consideration that the other will desist be good assumpsit  whereas he be suitor to the sheriff of Middlesex to obtain the office of  tindersheriff for such a year and to be make undersheriff for the same year  and be very likely to obtain the say place for which the defendant also at the  same time be a suitor that the defendant in consideration the plaintiff will  desist his suit promise to the plaintiff if he obtain the say office and be  make undersheriff to pay to the plaintiff twenty pound for such a gelding  which the plaintiff have deliver to he and allege in facto that he deliver to  the defendant the say gelding and that the defendant be make undersheriff and  execute that office for the say year and that he have not pay c upon non  assumpsit plead and verdict find for the plaintiff judgement be give in the  common plea for the plaintiff and now a writ of error be bring in the king  bench and the error insist upon be that this be no lawful nor valuable  consideration but all the court hold that the consideration be good and  valuable for by this mean the plaintiff desist from his suit and the defendant  obtain the say office wherefore the judgement be affirm a see Ann c S croak  James er p croak throw easter term James in the king bench sir James lea Knt  chief justice sir John Doderidge Knt sir Robert Houghton Knt sir Thomas  chamberlain Knt justice sir Thomas Coventry Knt attorney general sir Robert  heath Knt solicitor general
case parker against collins amendment the placita be of Hilary term in the  thirteenth year of William the three and the declaration of easter term  against the defendant in custodian marischalli Marischalciae owner queen per  curian let it be amend for it be no part of the declaration but only style of  record and they say that after demurrer the party have four day in term to  join or wave and plead the general issue
case parker against crook a action lie on a deed date at fort saint George in  the east Indies but in the declaration a place in England must be lie as a  venue this be a action of covenant upon a deed indent it be object to the  declaration that the defendant be say in the declaration to continue at fort  saint George in Indibus Easterner and upon oyer of the deed it bear date at  fort saint George and therefore the court as be pretend have no jurisdiction a  latch Lutw a Parker chief justice a action will lie in England upon a deed  date in foreign part or else the party can have no remedy but then in the  declaration a place in England must be allege pro form b see the case of  Fabrigas v Mostyn Cowp b general speak the deed upon the oyer of it must be  consistent with the declaration but in these case near need modern report er p  if the inconsistency be as little as possible it be not to be regard as here  the contract be of a voyage to be perform from fort saint George to great  Britain import that fort saint George be different from great Britain  afterward in Hilary term the plaintiff have his judgement notwithstanding this  objection c the word in Indibus Easterner do not necessary import the place to  be out of England there be a place call holland in Lincolnshire and there may  be a fort saint George in the parish of saint Martin in the case of ware v  Kedsgrove W Jones the same objection take and overrule note to former edition  c modern report michaelmas term the first of George the first in the king  bench Thomas Lord Parker Knt chief justice sir Littleton powys Knt sir Robert  Eyre Knt sir John Pratt Knt justice sir Edward Northey Knt attorneygeneral  Nicholas Lechmere Esq solicitor general
case parker against Edward and other a claim of conusance must be in person or  by attorney SC holt trespass for assault and false imprisonment against the  defendant who be vicechancellor of Oxford the chancellor the duke of Somerset  claim conusance by attorney and set forth the privilege of the university  confirm by such Act of parliament a which direct it to be allow upon any  notification or signification of such their privilege but reject per curian  because he have no warrant of attorney in Latin under the seal of the  chancellor for it ought to be claim either in person or by attorney or  otherwise there be no party in court to claim it the like rule be in the case  of the bishop of Ely as holt chief justice say and he say that in case of the  isle of Ely there be a day give to appear upon the allowance of conusance  claim before the particular judge and a resummons hither in case there be a  failure of right but in case of the university it be otherwise no such claim  can be after imparlance b
case parker against gage Heriot service due by ancient tenure may be seize out  of the manor but not a heriot reserve by deed SC holt trover on not guilty a  trial before chief justice holt the question be about a horse seize for a  heriot hold by holt that either heriot service or heriot custom be seisable  off the manor because it lie en prender a heriot service be find on ancient  tenure a suit heriot reserve by deed can be take off the manor
case parker against grigson Trinity term car roll or the want of a bill on the  file in ejectment be aid after verdict by Elizabeth c Jones hob Com dig to Rep  ejectment after verdict it be move by Grimston in stay of judgement that there  be not any bill upon the file and it be pray that the court will order that  none may be file but the court hold it to be aid by the equity of the  Elizabeth c and in Woodhouse v Willis a it be so resolve in a writ of error  wherefore judgement be give for the plaintiff notwithstanding this exception
case parker against lily if after assignment of a bind the assignor give a  warrant of attorney to acknowledge satisfaction upon record this be relievable  only in chancery S c Eq Abr a man assign his bind to b b sue this bind in the  name of the assignor and have judgement on a writ of error bring the judgement  be affirm and after execution be take out but before it be return the assignor  give a warrant of attorney to confess satisfaction upon record which be accord  do and upon this a supersedeas be take out to stop the execution it be move to  set aside the supersedeas modern report because after assignment the court  will not suffer the assignor to give a warrant of attorney to acknowledge  satisfaction and for this Keble be quote but as to this it be say that the  assignment be matter of equity and be more proper for chancery than for this  court and a late case be quote in the common plea where a bind be take in  trust for another and the obligee die while the suit upon this bind pended it  be hold that the beneficiary and trust can not go on in the action because  this court can not take notice of the trust or of any other plaintiff than who  appear to be so upon record and of this opinion be the court it be further  insist in favour of the motion that after execution be go out it be not  regular to grant a supersedeas without a judge hand the court take time to  inquire into the practice
case parker against meller in replevin property in a stranger a good plea in  bar S c Carth S c salk S c ld ray replevin the defendant plead in bar property  at the time of the take in a stranger and not in the plaintiff himself and so  pray a return the plaintiff demurrer per curium property without doubt may be  plead in bar of the action in replevin and if it be in the defendant he may  pray a return but if it be in a stranger unless he have the custody by  bailment and so make a special avowry it be a question whether he can have a  return but afterward this term it be adjudge that the plea be good though he  have make no avowry at all because he have the first possession and it be not  reasonable the plaintiff shall retain have no property and so adjudge that he  shall not have a return a a vent b Allen a see Presgrave v sander salk S c Mod  S c holt S c ld ray modern report er p
case parker against parker how a award be to he deliver debt upon a obligation  condition to stand to the arbitration of I S so as it he deliver to either of  the party before Michaelmas the defendant plead that no part of the  arbitrament be deliver unto he before Michaelmas and it be thereupon demurrer  because if it be deliver to any of they it suffice but all the justice  Anderson absentee hold that one part of the arbitrament ought to be deliver to  each party so as he may take notice thereof and this word either shall he  expound as every but when Anderson come in court be move unto he he doubt  thereof and the matter be refer again to arbitration a
case parker against plummer a devise of the issue and profit of land passes  the land itself post more   b   light b Plowd sand cro James Mod Bac ab salk t  Rep Yelverton sergeant demand the opinion of the court Parker have a term for  seventy year devise that his old son shall have the use and profit of it for  three year and that afterward his young son shall have his lease and term save  that I will that my wife shall have half the issue and profit of the land  during her life hear and allow half the charge thereof the question be if the  wife have any interest in it or only to have a account for the profit of the  land received?Gawdy and Clench she have a interest in the land for to have the  issue and profit and to have the land be all one and so be the intent that she  shall have the land with the son for her life and if she have no interest she  can have no action for account lie not for want of privity
case parker against RENNADAY a bind in Italian for cessanta scales instead of  sessanta be good for l ante post hob roll Abr Lut Com dig salk ld raym debt  bring upon a bind for sixty pound the bind be in Italian and the sum therein  express be in these word videlicet in cessanta libris  And adjudge to be good
case parker against sander the judge will construe all remedial statute so as  to suppress the mischief and extend the remedy bridge Cowp term Rep  information upon the statute of Elizabeth c a for not restore pasture into  tillage be ancient tillable land and convert into pasture upon not guilty  plead a special verdict be find that this land be ancient tillable land and  use for tillage twelve year before the conversion and convert before the  statute of Elizabeth c and not restore before saint may nor ever since and  that the defendant be only a occupier for the last year be the time in the  information mention but never before the question be whether he be punishable  as a offender within the meaning of this statute the word of the statute be  that land convert before the statute shall be restore into tillage before the  first of may and be restore shall be so continue for ever and for this cause  it be move that this case be out of this branch for not be restore none be  compellable to convert it especial as this case be a stranger be occupier  thereof and not he who convert it but all the court resolve that he be within  the statute for although he be out of the word of the statute yet he be within  the intent thereof for this statute extend to punish the occupier and  continuer thereof in pasture and not only the first converter and if any other  construction shall be make then all land which be convert before the Elizabeth  c and not reconverted before saint may will be out of the statute which never  be hold to be the intent of that law for then the converter will be punish  only for two year by the Act not restore and no punishment croak throw shall  be after upon any for continuance thereof and by this mean the statute shall  be to little purpose for any land convert before the statute which never be  the intention of the law wherefore they all resolve that this be within the  statute and adjudge it for the plaintiff a expire croak James er p
case parker against sir William more a prisoner who have escape may be retake  on a Sunday either by the officer on fresh pursuit or by virtue of a escape  warrant S c salk S c ld ray sir William more be take up on a Sunday upon a  judge warrant for escape out of prison the question be whether this be on a  Sunday be such a service of process as be against the statute of car c and  though the court of common plea conceive it be and have discharge some for  that reason yet now the whole court of king bench hold this take to be in the  nature of afresh pursuit that be a further force and mean add to a fresh  modern er p pursuit by the statute it be no original process but if a be  arrest at the suit of b and discharge the sheriff not know that there be also  a detainer in his office at the suit of c and be arrest on the Sunday follow  at the suit of c he shall be discharge by virtue of car c for this be a  original take and not a retake after a escape Atkinson v Jameson term Rep a  for a commitment upon it be but the old commitment continue down the gaoler or  party may have take he upon a fresh pursuit upon a Sunday before this statute  now by Ann c S escape warrant may be execute on a Sunday b holt chief justice  beside say that if the court relieve he it must be by hearing complaint for it  be on Sunday be a fact traversable but cteri if there be no more in it we will  do it upon motion but will not relieve in this case
case parker against tailor Michaelmas term car roll debt on a obligation and  on a P  of mutuor may be join keb vent   raym lev term Rep term Rep where a  plea conclude to the country instead of to the court if issue be join the  error be aid by the Henry c post stram Cowp error of a judgement in Beverley  court in debt where the plaintiff declare in a it be move again and the  declaration adjudge to be good post a vide Com dig post b see white v boat  term Rep contra but leigh v ken term Rep accord croak car er p debt of l  videlicet l upon a obligation and upon a P  of mutuor the defendant plead  quoad the non croak car debet et de hoc to put down see super native land et  prediction to express grief similiter et quoad the other he demand oyer of the  obligation and condition which be read to be upon condition to pay eight pound  at a day c and he plead payment at the day et de hoc to put down c and the  plaintiff similiter and verdict for the plaintiff quoad the bind and quoad the  other for the defendant and judgement for the plaintiff the error assign be  that here be not any issue for the defendant ought to have plead quod to  loosen et hoc a preparation be verify and the plaintiff ought to have reply  non to loosen et hoc petit c so there have be a affirmative and a negative but  as it be here there be no issue at all and it be not aid by any statute and  therefore it be pray that the judgement may be reverse but all the court hold  forasmuch as the defendant plead payment et de hoc c and the plaintiff join  with he that the jury shall inquire whether he have pay and the jury find that  be have not pay it be good enough and aid by the Henry c of Jeofails wherefore  the judgement be affirm see car c and Ann c
case parker against well Trinty term car roll the sheriff must return to take  in hand corpus or non be invention to a writ of capias ad to give satisfaction  S C post S C sand S C keb sand Kelyngre chief justice and Twisden justice  notwithstanding the statute of Henry c which oblige the sheriff to take bail  yet he can make no other return of a capias than either to take in hand corpus  or non be invention for at the commonlaw he can return nothing else and the  statute Henry c though it compel he to take bail do not alter the return and  so in a case of franklin v Andrews it have be adjudge here
case parker against winch ancient demesne manor impleadable at commonlaw land  hold of it pleadable at commonlaw S c comb S c salk S c salk holt chief  justice a ancient demesne manor be impleadable at commonlaw but the land hold  of the manor be only impleadable in the court of the manor and lie it in the  declaration to be part of the manor show it not impleadable in the court of  the manor for land hold of the manor can be say to be part of the manor a see  do on the demise of rust v roe burr a Eyre justice the rend may be parcel of  the manor and so may the service though the land be frankfee and whatever be  hold of the manor be not part
case Parker case outlawry on a indictment reverse because in recite the  statute the word to send to be use instead of to send away post cro car salk  Rep Hutton ld ray hawk p c Com dig Vid Beachs case Cowper dougl Parker and his  wife bring a writ of error to reverse a indictment upon the Elizabeth c of  perjury and outlawry thereupon the error assign be because the indictment  recite the statute and misrecites it in hoc the statute be guod who wipe on de  tali collision shall lose and forfeit twenty pound the recital be quod who  wipe on c to send to et out of doors to make twenty pound so it be to send to  instead of to send away which be not sensible nor agreeable with the statute  but it be say that these word be quasi synonyma et de eoden sensum and the one  be well recite be sufficient yet because they be both in the statute and the  one be misrecited it be ill and there be not any such statute recite wherefore  for this cause without hear any of the other exception which be offer because  this fault be manifest the indictment be discharge and the outlawry reverse
case parker versus BLACKBOURNE Eq can ab pl pl pre Ch S c leave a subpoena to  appear and answer at the lodging of a defendant who be not to be find not good  service though a order be obtain for that purpose it appear afterward the  defendant have leave his lodging above a year before the subpoena serve one of  the defendant a necessary party have be a lodger in London and not now to be  find the plaintiff obtain a order that service of process to appear and answer  at his last place of abode shall be deem good service and leave the same at  the house where he so lodge and carry on the process to a sequestration and  then bring on the cause against the other defendant Blackbourne who insist  that if the plaintiff ought to be relieve against he he ought to have a decree  over against the other defendant and therefore he be concern to see the  proceed be regular and insist that it be above twelve month since the other  defendant Vernon chancery case hard leave that lodging the service be not good  and the court be of that opinion person not enter appearance within the usual  time after subpoena and just suspect to abscond to avoid process court to fix  a day for their appearance to be insert in the gazette and publish in the  parish church of the defendant and post in some public place stat Geo d cap  sect
case parker versus BLACKBOURNE vern S c pale yellow Ch if a necessary  defendant be prosecute regular to a sequestration the plaintiff may go on  without he against the other defendant but serve a subpoena at a place where  he lodge but once and that two year before such service be not good at the  hear of this cause it be object by the defendant Blackbourne that I S who be a  necessary defendant be not bring to hear plaintiff show they have prosecute he  to a sequestration and therefore may go on defendant answer that the affidavit  on which the process of sequestration be find be insufficient and upon read of  it it appear that the subpoena be leave at a place where I S have only lodge  once and that above two year before the service the court hold it not  sufficient service to go on against the other defendant alone unless the  plaintiff will consent to stand in the place of I S to all purpose which he  not do the cause go off for want of party with respect to further process  after a sequestration for nonappearance and as to take the suggestion of a  bill pro acknowledged admitted fact in that case or where the answer be  insufficient see g two c wms and atk
case parker versus turner S c vern Q v for note march Lord chancellor Eq can  ab pl Ch can S c a b tenant in tail of a copyhold remainder to himself in fee  purchase the freehold of the lord and then sell to I S and die and after  thirty year possession the son of a b set up a title as issue in tail  purchaser decree to hold against the issue in tail post case a person be  tenant in tail male of a copyhold estate remainder to himself in fee purchase  the freehold of the copyhold from the lord and then for a full value bargain  and sell the whole estate which be quiet enjoy under the purchase thirty year  the tenant to the purchaser be a woman and the copyholder be dead marry his  son who be thus get into possession set up his title as issue in tail the  plaintiff who claim under the purchaser bring a ejectment and a special  verdict be find at law but before that be argue he bring his bill here for a  decree to hold against the issue in tail and the defendant plead his title the  Lord chancellor declare he be of opinion that the purchaser of the freehold  shall attract the other estate which be but at will however take time to  consider of it and afterward do decree it so accord and that the purchaser  shall enjoy against the issue in tail Vernon chancery case er p Vernon  chancery case de boundary paschae James two in curian porter
case Parkhurst against powell a action who tam lie against a sheriff for  suffer a prisoner arrest on a capias utlagalum after judgement in a civil  action to escape ante post Noy Yelv hob cro car cro Elizabeth roll ab peer  will hawk p c strange fitzg venue error of a judgement in the common plea in a  action upon the case for himself and the king for that whereas he have a  capias utlagatum after judgement against a   Blumfields case a see burn e l  prof stram atk b see Geo c croak James er p I S and deliver it to the sheriff  of Denbigh to execute who see I S and be require to execute it do not execute  the same but suffer he to go at large and he eloigned himself to place unknown  and afterward the say sheriff return here to Westminster non be invention in  deceit of the king and prejudice to the party of his say debt the defendant  plead not guilty and it be find against he and judgement accord for which he  bring error first because the action be bring by the king and himself where it  ought not to be so bring say non allocatur for it be the king writ and the  king be to have the benefit thereof as well as the party wherefore the action  here be well for the king and party and he shall be fine thereupon second for  that the trial be de vicineto of Westminster where the offence be allege to be  at d in the county of Denbigh and from the say place the venue ought to have  be say non allocatur for the false return be here at Westminster which be the  cause of the action wherefore the judgement be affirm
case Parkhurst against SHEFTON trover for a suit of knot be sufficient certain  SC skin trover and conversion de to make one acquire nittarum England a suit  of knot after verdict it be move in arrest of judgement that it be too  uncertain and of that opinion be Wythens justice but Jefferyes chief justice  Holloway and Walcot justice think it as good as dvodecim sheep et chastetree  which have be hold good enough and so judgement be give for the plaintiff
case parkins against CHATHERTON form of declare in debt upon recognizance  against the bail ante post debt upon a recognizance by bail in this court and  the declaration set forth that the plaintiff in Michaelmas term obtain  judgement against their principal and that in easter term before the defendant  become bail by recognizance condition c in plea pillage modern er p to this it  be object that it do not allege that there be any action pen in easter term  but per curian it be well and the common form of to know facias be so  therefore it will be as well in debt upon the recognizance judgement be give  for the plaintiff
case parkins against hind Trinity term Elizabeth roll Glehe land shall pa  tithe in the hand of the parson lessee although the lease express that the  rend reserve be for all exaction and demand post roll Abr Owen more   dyer in  marge I Leon Owen burr prohibition for sue for tithe of land in babington the  case be the parson of babington Henry do lease all his glehe land to mill for  ninetynine year render thirteen shilling and fourpence rend for all exaction  and demand and now his successor sue foe tithe of the land be the glehe land  and upon it the plaintiff sue a prohibition Godfrey move that the prohibition  lie because the land be let render rend and it be for all exaction and demand  and by that he bar himself a successor of all tithe but all the justice contra  for Wray say the parson shall have tithe against his lessee and the word here  shall he now discharge for these tithe arise and accrue after and be not thing  issue out of the land but collateral and due jure prophet and therefore can be  discharge but by special word but if the word have been as well for tithe grow  and arise upon the land as for other demand then peradventure it haand heen a  good discharge but as the case be it can be intend by any word that he reserve  the rend for tithe and so gawdy justice do conceive especial as the case here  be the lease be of twentyfour acre of land and only thirteen shilling and  fourpence reserve and afterward the same day they grant a consultation but  they say that the word shall discharge the lessee of all rend and service but  not of suit at court or such thing as be not then in demand I I
case parkinson case a mandamus will not lie to restore a person to a  fellowship in a college if the college have a visitor SC Mod SC comb SC Carth  SC holt winnington move for two for he to be restore to a fellowship in a  college in Cambridge and per curian deny because there be a visitor there and  in dr Goddard case a here deny dr Robert case deny and in dr merit case to the  college of physician b dictum to be per holt chief justice that every college  have a visitor either by appointment of the founder or the law if a lie one  the founder or his heir c if a ecclesiastical one the bishop of the diocese  note in a assize of nuisance a capias lie not upon the judgement because it  lie not in the mesne process
case PARLET and Bartholomew against cray Michaelmas term pound Elizabeth roll  Yish in a pond shall go to the heir and not to the executor Ro ab Stanf b  Edward pl   light a assize Henry pl peer will trespass the case be that a man  have fish in his pond make his executor a the judgement be affirm post croak  Elizabeth er p and die the defendant be his executor take the fish and the  plaintiff as heir bring trespass and upon this matter disclose by bar it be  demurrer in law Adj dged without argument for the plaintiff foe although it he  felony to steal fish out of a dam or pond or trunk as Edward pl yet the owner  die and leave they in the pond they be as profit of the freehold which the  executor shall not have but the heir or he who have the water wherefore it be  adjudge for the plaintiff
case parrot against carpenter hold overrule Gallwey v martial ex r c lr to say  of a minister that he be a adulterer be a spiritual slander ante salk action  upon the case for word and declare whereas he be parson of d and a preacher  that the defendant speak these word parrot innuendo the plaintiff be a  adulterer and have have two child by the wife of I S and I will cause he to he  deprive for it after verdict it be move that a action lie for these word for  they he very slanderous to the plaintiff and touch he in his credit and profit  and be cause of deprivation if they he true but the court hold that it be a  slander examinable only in the spiritual court and not here wherefore it be  adjudge for the defendant
case parrot versus bowden eoden die Eq can ab p S c plea of outlawry to be on  oath a plea of outlawry overrule because it be not put in upon oath so plea of  privilege ought to be put in on oath Gibson v Whitacre post send vide take v  take Prat v tailor I Ch c a anon ibidem vide Bacon law tract and see Mitf d  edit
case parrot versus Treby January Eq Abr pl S c where on a bill to call a  trustee to account he by answer submit ready to it though find in debt shall  pay interest for the balance only from the time of the account liquidate and  no cost by if he controvert the account there if find in arrear shall pay  interest and cost on a bill bring to call a trustee to a account it be hold by  my Lord keeper that if he by answer submit ready to it though on the account  he be find in debt yet he shall pay interest for the balance only from the  time of the account liquidate and no cost if he have not misbehave himself but  whereas in this case he say in his answer he believe the plaintiff  considerable indebt to he and after the matter have depend year be find pound  in the plaintiff debt he shall pay interest from the time of the bill for he  admit by such answer that he have not keep any money for the plaintiff useless  or unemployed and in a manner dare the plaintiff to the account and therefore  must pay cost as the plaintiff must have do if he have be find indebt to he
case parry against Villars Writ of error out of the common plea the writ be  right but the judgement ill enter the court incline it be a good ground for  the common plea to amend but can be do in the king bench two bail have enter  into a recognizance in the common plea whereby recognoveru et who the dawn to  know again to be indebt two thousand pound to the plaintiff upon condition  that the defendant in a action there shall pay principal modern report debt or  render his body c a to know facias be bring after judgement against the bail  to which the bail plead no capias against the principal to which there be a  replication and demurrer and judgement for the plaintiff quod recupere  separate summas of two thousand pound against they upon a writ of error this  be assign for error videlicet that the writ of to know facias demand judgement  only of one two thousand pound which be all they be bind for and the judgement  be for two several sum of two thousand pound and so a variance and for this be  quote side and the court agree that this be error but doubt whether the writ  be right and judgement ill enter this fault in the entry be not amendable but  they agree that this can not be do here it be a record of the common plea  which this court must take as they find it and the way to have enter the  judgement here have be to enter it for two thousand pound against two  separaliter palm Henry pl but they incline that the writ be well be a good  ground for amendment in the common plea
case parry versus Owen August a SC Amb the wife and executrix of a attorney  bring a bill for money due for business do by her husband as the defendant  attorney a demurrer to the relief as a remedy be at law under the statute of  Geo for the better regulation of attorney and solicitor Lord chancellor allow  the demurrer a bill bring by the executrix of a attorney for money due from  the defendant for business do by her husband as his attorney and to be pay  what shall be find due on a account and state the delivery of a bill by the  plaintiff the defendant demurrer to the relief and for cause of demurrer show  the remedy be at law and that a act of parliament have point out a summary way  the statute of Geo cap sect Lord chancellor allow the demurrer Reg lib b fol  atkins er p
case parry versus roam eoden die in court Lord chancellor a man can bring a  bill to examine witness in perpetuan rei memory to establish his title until  lie have make it good by a verdict at law if he be under no impediment of try  his title at law the bill be to examine witness to preserve their testimony  touch the title of certain land in the bill mention the defendant demurrer  because there be no impediment that hinder the plaintiff from try his right at  law and that he have not obtain any verdict in affirmation of his pretend  title demurrer allow vide Bechinall v Arnold ante
case parson vers gill in b r this case be very different report in Lord  Raymond a writ of execution may bear testae the first day of the term of which  the judgement be enter ld raym SC show skin SC p wms note e salk raym SC Mod  SC Str barn it be move to refer the regularity of a judgement in debt the  declaration be of Hilary term and judgement by confession which be sign after  the term and after the sign videlicet on the that of April the defendant die  and the execution bear testae the d of January and it be insist that it appear  that the execution be before the judgement say non allocatur for execution may  be sue out comens after the death of the defendant except against a purchaser  and the writ of execution may bear testae of the precedent term even of the  first day of that term comens er p
case part against NIBLETT a writ of inquiry may be set aside for insufficiency  of damage S c ante part v purbeck after a writ of inquiry be execute it be set  aside because the jury give too little damage and a rule be make that on  payment of cost a new writ of inquiry may be execute which be do but without  pay the cost it be now move that this last writ of inquiry may likewise be set  aside and a rule be make for that purpose unless cause show on such a day why  it shall not it be now show for cause that the plaintiff have do all in his  power to get the cost tax but can not prevail and that the defendant attorney  promise he that he will take notice of execute this writ of inquiry as if the  cost have be already pay therefore it be insist that upon payment of cost the  rule may be discharge it be say on the other side that this second writ of  inquiry be to be execute upon payment of cost and not otherwise and that the  cost not be pay that writ can not be execute the court order the atorneys on  both side to attend the master of the office and that the plaintiff shall pay  what cost the master shall tax and that upon payment thereof the rule for set  aside the writ of inquiry shall be discharge
case Partington versus TARBOCK eoden die in court Lord keeper Vid ante case  this bill be of the same nature with the last case the Lord keeper give the  same rule in it and allow the plea Reg lib b fol
case partridge against Naylor easter term Elizabeth roll on Ph man c one  single penalty only can he recover though several person join in commit the  offence ante gold more Noy salk clark case Cowper error of a judgement in the  common plea in a action upon the Philip mary c against three for impound a  distress in several pound in three several hundred the case be that three  distrain a flock of sheep and several impound they in three several pound in  several hundred upon not guilty plead and verdict find accord damage be assess  by the jury at S and thereupon judgement enter that every of they shall  forfeit be the penalty give by the statute and the Triple of S against every  of they and it be assign for error that there ought to be but one against they  all and but one tremble of the S against they all for it be but one distress  and one offence in they all against the statute ADd in Hilary term Elizabeth  be move again all the court resolve that it be erroneous and for this cause  judgement be reverse croak Elizabeth er p
case passy against MONDFORD Trinity term Elizabeth roll word impute a action  which endanger life be actionable ante Com dig Bac Abr error of a iudgyment in  a action for these word mrs Margaret passy innuendo the pfaiiXtiff send a  letter to my master and therein will he to poison his wife the error assign be  that the word be not actionable for there be not any act do and so not like to  the case where one say that I S lie in wait to commit such a murder  But all  the justice and baron except Kingsmil resolve that the action lie for it be a  great slander to will one to do such a act which be so odious wherefore it be  adjudge accord and the first judgement be affirm
case PATISON against milton if the name of the defendant be insert in a  declaration instead of the name of the plaintiff it be cure by the verdict the  declaration be thus William Patison to express grief de William Milton in  custodian mark Marescal c pro eastern videlicet queen d cum William Patison  instead of Milton indebitatus to be William Patison c modern after a verdict  for the plaintiff it be move that it may be amend for it be a plain mistake of  the clerk to make the plaintiff to be indebt to himself and the court order  that it shall be amend accord without the help of the statute as where a  action on the case latch Noy cro Elizabeth a be bring against a executor upon  the promise of the testator who plead non assumpsit and say nothing as to any  promise of the testator this be hold to be good enough after verdict see  blacklock v mariner Com Rep Harvey v Stokes Com Rep b dolben justice say that  indeed yet Johnson c without name his Christian name be hold good for as  Twisden justice say he will intend his name to be quidam but a declaration in  the common plea be videlicet that the plaintiff understand see indebitatum  before to himself and after verdict for the plaintiff this be move and as it  be affirm at the bar he can never get judgement in that court
case Patrick case outlawry reverse for not show the name of the coroner post  Com dig   light dyer cro Elizabeth palm term Rep Patrick be outlaw upon a quo  warranto bring against he for keep a inn a bring a writ of error to reverse  the outlawry the error assign be because he be outlaw per judgment crowner and  he do not show the name of any of the coroner and for this cause it be reverse
case Patrickson against barton default of colour be matter of form only and  aid on demurrer ante   b ld raym dougl trespass the defendant justify for that  I S be seize in fee and let to b for year and he as servant to b justify the  damage pheasant it be thereupon demurrer because he give not any colour and  after argument adjudge that for this cause the plea be not good it be show for  cause of demurrer otherwise not for it be but form and a difference be take  where the defendant justify as servant to another who freehold it be without  show any title and where he show a title as in this case be do vide Edward and  Henry
case patridge against mailer judgement reverse for misawarding the venire  facias post levinz error upon a judgement in a action upon the I pound Philip  mary c for take a distress in one county and in chase and impound it in  another county the venirefacias award only of the place where the take be this  be assign for error and for this cause the judgement be reverse a a vide ante  page note a to case croak Elizabeth er p
case Paul against HAGGER easter term James roll upon a promise to pay upon a  certain act to be perform by a stranger the plaintiff be not bind to give  notice of the performance ante post roll ab hob Bulst cro car   Mod Cowp error  of a judgement in the common plea in a assumpsit where the defendant assume in  consideration of diverse sum pay to he that if Cooper affirm at his return  beyond sea that he receive of the plaintiff twenty pound that the defendant  will pay the twenty pound and allege in fact that Cooper return front beyond  sea and on such a day year and place affirm that he receive of the plaintiff  twenty pound and that the defendant although require such a day year and place  have not pay the defendant plead non assumpsit and it be find against he and  adjudge for the plaintiff croak throw the error be assign for that it be not  show before who he affirm nor that the defendant have notice give to he of  this affirmation for without notice give he he can not take cognizance thereof  nor be he bind to pay it say non allocatur for the defendant be to take notice  of this affirmation as well as the plaintiff for the plaintiff be not bind to  give he notice thereof for the act a see Geo c croak James er p be to be do by  a stranger and not by the plaintiff the cognizance thereof lie as well in the  notice of the defendant as in the plaintiff and therefore the plaintiff need  not to give he any notice whereupon the judgement be affirm
case Paul against Trumball a suit lie in the spiritual court for dilapidation  suffer before a general pardon for the civil injury be not thereby pardon SC  Mod prohibition pray to a suit for dilapidation suffer before the Act of  oblivion and it be hold that they can proceed criminal there for the  punishment be pardon and if they do a prohibition shall go but they may  proceed there to make satisfaction to the party for that be not pardon and a  prohibition be deny
case paulet against christmas a variance in the haheas corpora from the venire  as to the numher of juror be amendable nte   a Com dig error of a judgement in  the common plea the error assign be because there be but twentythree of the  juror name return by the sheriff upon the panel where there ought to have be  twentyfour and the trial be by ten of they and a tale de A standing round but  because this default be in the return of the name of the juror upon the writ  of haheas cor pora and not upon the v enirefacias in which writ be twentyfour  name it be order to he amend coke it have be adjudge here that when upon a v  venire facias twentythree be only return and a trial have by twelve croak  Elizabeth of they it be well enough Popham chief justice that be true where  the trial be by twelve of they return but if in such case a tale he award and  the trial have be by part of the principal panel and by part of the tale it be  otherwise but in the principal case it be amend and the judgement affirm a say  vide James c croak Elizabeth er p
case PAULHILL against Powell whether commitment by either house of parliament  be within the habeas corpus Act he be one of the five Kentish petitioner who  petition the Commons in a insolent manner to grant tax in order to war against  France and be order into custody of their sergeant he now bring a action of  the case against he for not show he a copy of his commitment within six hour  after accord to the habeas corpus Act and upon motion in the case holt chief  justice say that one may upon this Act plead nothing debet and give the  special matter in evidence in debt upon this statute a and he say the Commons  never commit but by vote or a warrant under the speaker hand b and whether the  habeas corpus Act extend to commitment by either house of parliament will be  examine hereafter c and he say one may apprehend without a warrant but not  commit without a warrant in write and the difference be between apprehend and  commit that the one be in order to the other that be the apprehend be in order  to carry before a magistrate who have power to commit b but see now the  statute Geo c and Geo c a see Com dig V W b see saint Tr c see Lord shaftsbury  case Mod to and hawk p c that edit ch S and the case there collect in note  page modern report er p
case paulter against Cornhill and other a husband can be tenant of a copyhold  by courtesy except by special custom post   pale yellow ten and Leon p will ld  raym ante post co li pale yellow ten Ejectionefirmce tpon evidence it be hold  that the husband shall not he tenant by the courtesy of a copyhold unless  there he a express custom to warrant it it be also hold by all the court that  if a copyholder surrender in tail and the heir of the donee be to bring a  fmmedon he ought to count of the gift make by the copyholder who surrender and  not by the lord for he be but the instrument to convey it and nothing passes  from he it be also move whereas the surrender be to the use of one in fee upon  condition to pay l to a stranger and if he fail that it shall he to the use of  croak Elizabeth er p a stranger in fee whether that be a good limitation to  the stranger so as there shall be a fee defendant upon a feel the court speak  not much hereto but will to have it special find yet Heaumond conceive it to  be good enough for it shall he as a use limit upon a feoff and these use shall  rise out of the first surrender a fourthly whether in this case upon the  tender of the l to a stranger and he refuse the condition he save forasmuch as  it be to he do to a stranger Heaumond there be difference where one be oblige  to do a act to a stranger and he ref use the obligation be not save for he  take upon he to do it and where a lease or feoff or surrender be make as here  upon such a condition for herein it be otherwise but the court move that it  shall also he special find
case Pawlett against savage in debt on bind for performance of covenant the  defendant can plead performance general debt on a bind after oyer crave of the  condition it appear to be for performance of covenant in a certain indenture  make between the plaintiff and the defendant the defendant plead quod  performavit in all respects et one ex he part c and mention none in particular  and hold nought for he ought to set they forth
case pawling against ludlow to debt on a bailbond a plea that before the day  of appearance the defendant surrender in discharge of the bail be good SC Mod  debt on a bailbond give upon a arrest in a inferior court the defendant plead  that before the day of appearance mention in the condition he be render to the  gaoler there and there continue till a supersedeas come the plaintiff demurrer  the court the plea be good for suppose no bailbond have be give at all and  then he have lie in prison you have as much the fruit of your suit as upon the  bail you have the body and may have bring he up hither a why may he not render  he to the officer in discharge of the bind before the day of appearance as in  the case of a recognizance judgement for the defendant
case pay against brown and GUYBON the admittance of a surrendee to a copyhold  will not avoid a forfeiture incur by a breach of the condition on which it be  grant ante   Cop pale yellow ten Ddugl trespass upon a special verdict the  case be find to he Nicholas hare be lord of the manor of stow demise that land  be copyhold land of inheritance to a upon condition that he shall pay to brown  S annual during his minority and l at his full age a fail of the payment of  the S and surrender to the use of pay and his heir the lord admit he and  afterward brown attain to his full age and the l be not pay unto he whereupon  the lord enter for the condition break and grant it by copy to brown and  whether his entry be lawful or that the acceptance have dispense with the  condition be the question Fenner hold that he well may enter for he to who use  the surrender be make come in by he who surrender and not by the lord for the  lord be but as a instrument to convey the land wherefore the condition be go  but gawdy doubt thereof cteris Justitiariis send away adjournatur
case pay case a devise from the Michaelmas follow with remainder after in fee  the remainder be good as a executory devise though the testator die before the  Michaelmas follow SC Noy Lut roll Rep palm salk e Cas Fearne upon a special  verdict the case be that one devise his land to I S from Michaelmas follow for  five year remainder croak Elizabeth after to the plaintiff and his heir he die  before Michaelmas the question be whether this be a good remainder because it  can not enure instant by his death for it may not begin until the particular  estate which be not to begin till after Michaelmas and a freehold can be in  expectance but all the court hold that it very well may expect for in case of  a devise the freehold in the mean time shall descend to the heir and vest in  he wherefore without argument it be adjudge accord and that the remainder be  good
case peacock against peacock if a justification in assault and battery he  local the plea must traverse all other place than that where the offence be  charge to have be do ante post roll Rep Lut   light cro James lev Com dig will  t Rep trespass of assault and battery in London the defendant plead that the  plaintiff enter into his house in Waltham in the county of Essex and he calmly  manus to place upon upon he to put he out of his house quce be eaden assault  battery and maltractation whereof the plaintiff complain and traverse without  hoe that he be worthy of blame extra Waltham and it be thereupon demurrer  touse for the plaintiff move that this be not any plea for this trespass be  transitory the place isnot traversable and admit the place to he traversable  yet he ought not to conclude his plea quce be eaden c but all the court hold  the contrary for the cause of the justification be local videlicet the  maintain of the possession of his house he may well justify there and he can  justify in another place and he may traverse every other place as wheie one  justify as constable or by force of a warrant and therefore Popham say the a  ante more salk croak Elizabeth er p difference be betwixt this case and the  case of patridge which be adjudge in this court that where one justify by  reason of a assault in another county and traverse the county in the  declaration that be not good because the justification be personal and  transitory and may he allege in any place as well as the battery but where it  be local as here it be otherwise and the conclusion quce be eaden trans  gressio c be good enough for it conclude that it be the same cause of action  but with a traverse as it ought to be of necessity but if the averment quce be  eaden transgression have be omit it have be good enough wherefore upon the  first argument it be adjudge for the defendant
case peacock versus spooner question lion v Mitchell mad Bartlett v green sim  see also Dufforne v goodman vern Freem Lord chancellor March die maii Eq can  ab pl post Freem term trust for baron and feme for their life remainder to the  heir of the body of the feme by the baron if the whole term vest in the feme  or shall go to the heir of her body post case a term for year assign in trust  that baron and feme may receive the profit during their life and the life of  the long liver of they and after their death to the heir of the body of the  wife to be beget by the husband the counsel for the plaintiff to support the  remainder will have the word heir of the body toe take to be word of purchase  or description and not of limitation but per cur the whole interest of the  term vest in the wife and must go to her executor or administrator the bill in  this case be file by Thomas peacock the husband who have survive the wife have  take out letter of administration to her and claim to be entitle to the term  and the decree as to that be his lordship be satisfy that the premise be a  term for year can go to the defendant who be the daughter and coheir of the  plaintiff wife by a former husband but must go to the plaintiff as her  administrator and decree a account of the profit they have enter from the time  of exhibit the bill vide ware v Bradley ante p web v web p wms post SC Davis v  Gibbs p wms and as to the authority of the principal case vide web v web ub  sup ves ves and fearne count Rem that Edward
case peak against MEKER to say of a merchant he be a rogue a papist dog and a  pitiful fellow be actionable queen ante vent ray lev skin show Mod Com dig ld  ray action on the case for word the plaintiff declare that he be a merchant  and breed up in the church of England and that when the present king come to  the crown the say plaintiff make a bonfire at his door in the city of London  and the defendant then speak of he these word for which he now bring this  action he innuendo the plaintiff be a rogue a papist dog and a pitiful fellow  and never a rogue in town have a bonfire before his door but he the plaintiff  have a verdict and five hundred pound damage be give a writ of error be bring  but it be adjudge without argument that the word be actionable modern er p
case peak against pollard word not actionable roll action for these word thou  art a mutinous and seditious man and do procure the queen subject to sedition  gawdy the word be not actionable for it be not say he move they to sedition  against the queen and to this opinion the other justice do incline but this be  only upon motion
case pearl against unger a assumpsit will lie where part of the consideration  be execute e ante post Leon Com dig assumpsit and declare that he be possess  of certain land for year the defendant in consideration he have occupy the  land and have pay the rend to the defendant videlicet thirty pound per annum  all the time he have occupy it assume to save he harmless for the occupation  of the land always during the term as well for the year pass as to come and  allege that before the time of the promise videlicet such a day c his hest be  take damage pheasant c and that the defendant have not save he harmless of it  and upon not guilty it be find for the plaintiff and damage assess Golding  move in arrest of judgement that here be no consideration to maintain the  action for the consideration and cause of the promise be a thing do before  videlicet the occupation and payment of the rend which be pass be no  consideration for a thing future to he do but it be adjudge for the plaintiff  for the consideration that he be in possession and have pay his rend and be to  pay his rend be sufficient to cause the other to defend his possession for the  time pass and to come
case pearly versus smith October among the Cause petition a have a interest in  new Southsea annuity during his life and die before the Christmas halfyear  become due the purchaser of a s interest in his lifetime in these annuity be  not entitle to the Christmas dividend have it continue a mortgage the  purchaser will have be entitle to his demand for there interest accrue every  day for forbearance of the principal Southsea annuity be by act of parliament  consider mere in the case of a common one Payable halfyearly where the  annuitant die before the halfyear be complete a purchaser from a husband of a  interest in new Southsea annuity during his life remainder to other person  which have be original secure upon a mortgage but by order of this court have  be transfer to government security insist that notwithstanding the husband die  before the Christmas half year become due yet that he be entitle to be atkins  pay proportionable at the rate of four per cent for the time the husband live  from midsummer to the day of his death Lord chancellor if it have continue a  mortgage the purchaser will have be entitle to the demand he now make because  there interest accrue every day for forbearance of the principal Ves Edward v  countess of Warwick p W though notwithstanding it be usual in mortgage to make  it Payable halfyearly but Southsea annuity be by act of parliament consider  mere as annuity and therefore the purchaser here be no more entitle to receive  the halfyear dividend which do not become due till after the husband death  than he will in the case of a common annuity Payable halfyearly where the  annuitant in who place he stand die before the halfyear be complete so  Sherrard v Sherrard atk Wilson v Harman Ves Amb SC Rashleigh v master bro  Charles Rep Reg lib b fol
case pearson versus Brereton march pound leave by will in trust for m and her  heir to be lie out in the purchase of land m consent in court Lord Hardwicke  direct the money shall be pay to the husband a petition be prefer in behalf of  Pearson and mary his wife that pound leave under a will to person in trust for  mary and her heir to be lie out in the purchase of land may be pay to the  husband instead of be invest in land atkins er p Lord chancellor I doubt  whether I can direct the money to be pay to the husband notwithstanding the  wife consent because the heir will have a chance if the wife die before the  money be invest in land but upon the authority of a case at the roll direct  the wife consent in court that the money shall be pay to the husband Reg lib b  fol Oldham v Hugh atk notam Mr brown the king counsel tell I that in a  petition this time twelve month upon the very same question Lord Hardwicke  will not direct the money to be pay to the husband but dismiss the petition
case peats case a mandamus lie to admit a teach dissenter to qualify himself  SC ante SC salk stram burr Bl Rep king move for a mandamus to the justice of  the session of the county of modern er p Warwick to admit Peat to take the  oath of allegiance and to subscribe accord to the Act of toleration in order  to be qualify to teach a dissent congregation and it be grant see king v  justice of Derbyshire Bl Rep burr hawk p c that edit ch S a holt chief justice  the party ought to suggest whatever be necessary to entitle he to be admit and  if that be not do or if it be do and the fact be false that will be good  matter to return
case peck versus Halsey at the roll Eq can ab pl one bequeathe to her  grandchild a some of her best linen this void for uncertainty yet the court  recommend it to the executor to give some of the best linen to the legatee a  bequest of such of the best linen as the executor shall think fit or as the  legatee shall choose have be good the testatrix mrs peck by her will inter all  after legacy give to several of her relation bequeathe to her two grandchild a  and b some of her best linen and make I S residuary legatee peer William  master of the roll this be a void legacy for the uncertainty the best of my  linen be uncertain but some of my best linen be more uncertain still if it be  such or so much of my best linen as they shall choose or as my executor shall  choose for they this will be good and by the choice of the legatee or executor  be reducible to a certainty but in this case it be mere void for the  uncertainty I however afterward forasmuch as those be so near relation to the  testatrix as grandchild and have no other legacy by the will and since it be  plain the testatrix intend some linen his honour do by the decretal order  recommend it to the residuary legatee to give some of the best of the  testatrixs linen to these legatee a and b which recommendation in the like  case he say the court have sometime make Reg lib b fol by the name of peck v  peck
case peek against WYRRALL plead in replevin replevin the defendant make  cognizance as bailiff of though Pigott Esq for damagefesant the plaintiff  reply that sir John Goodwin be seize c and that he and all his ancestor have  use to have for he and all his tenant for year and at will c common in the  place where for all their horse and colt and he put in the horse c the  defendant rejoin that in the place where it be use time out of mind c that if  the horse of sir John or of his ancestor c do come there by escape and be not  put in that it shall not he lawful for the say though Pigott c to distrain  they damagefesant but to put they out peaceable and say that the place c be  enclose and that the plaintiff break down the enclosure and put in his cattle  for which he distrain c without hoc that sir John Goodwin c have common in the  place where aliter c Walmsley move this be no good traverse for he do not  confess that sir John Goodwin have any common and therefore he ought to  traverse without hoc that sir John have any common there curian that plead  have be hetter for in truth he have not confess any common c but it seem good  enough as it be for this liberty that his cattle shall he there without be  distrain be in nature of common and therefore he may plead as he do but they  rule that the defendant shall mend his plea or that a demurrer he join
case peg versus green at the roll eoden die where there be a mutual credit the  balance only be due to the executor in equity but if a balance be strike in  the lifetime of the testator or a bind give for it the debtor can discount it  out of the subsequent credit he have give the testator unless the executor  admit asset Nels vo Rep in canc vern the plaintiff on settle account to the  defendant testator give he a bind for the balance and they have afterward  other deal and the plaintiff bring this bill against his executor and insist  that the bind shall be discount out of the money he afterward give the  testator credit for master of the roll the plaintiff can set off the credit he  give the testator after the execution of the bind in discharge of the mosely  report bind but if mutual credit have be give since one side of the account be  to be set off against the other and such decree have be often make in this  court the plaintiff by give the bind have change the nature of the debt and  take from himself the advantage of set it off by future credit and to make  such a decree may be compel the executor to commit a devastavit unless he  admit asset and I doubt if I can do it if the account have be only state for  then debt will lie for the balance or a accuse computasset the master  therefore must see what be due for principal interest and cost on the bind and  as to the plaintiff demand for work do or good deliver since the execution of  the bind the defendant must account for the asset and the plaintiff be to be  pay in a course of administration Thursday July the d
case Peirson against sorrel a devise of legacy and in case of nonpayment the  legatee to enter on such land and enjoy the profit till satisfy ejectment at  the same assize hold by Pemberton chief justice if legacy be give by will and  that in case of nonpayment the legatee may enter and enjoy shower KB er p the  profit of such and such land till satisfy no demand be necessary for it be no  forfeiture but a executory devise although there be a place and time appoint  for payment c so be the case of Terrel v classic here easter term the  thirtyfourth of Charles the second in the king bench sir Francis Pemberton Knt  chief justice sir Thomas Jones Knt sir William dolben Knt sir Thomas Raymond  Knt justice sir Robert sawyer Knt attorney general sir Francis winnington Knt  solicitor general
case PEITON versus bank Eq can ab pl devise to a for life the reversion to b  and c to be equal divide betwixt they b and c tenant in common for life only  Ro Abr can a man by will devise land to his wife for life and as to the say  land he give the reversion to a and b to be equal divide betwixt they the  question be what estate a and b shall take by this devise decree they be  tenant in common for life only so as to the estate for life dickens v martial  cro Elizabeth foul v Blackwell comens Rep do v Woodhouse term Rep et vide    Litt b a sergeant Maynard though not of counsel in the case tell we at the bar  he remember the like but a strong case so resolve about twenty year since  videlicet a man have give land to his wife for life devise the reversion to a  and b a in that Vernon chancery case er p case be his heir at law yet adjudge  that by the devise b take a estate for life only there be only a simple order  of dismissal Reg lib b fol enter Peyton v Vanacker
case pell against pell a attachment shall he of the penalty of a bind but  judgement shall he for the principal only and such attachment may he plead  puis Le deraign continuance but if a suit he for the debt in a superior court  it can be attach I side roll ab Leon Bac Abr term Rep post debt upon a  obligation of a hundred mark the condition be if he pay fifty pound the bind  shall he void the defendant plead tender at the day and none be there to  receive it and upon this the be at issue afterward the defendant plead that  puis Le deraign continuance this hundred mark be attach in his hand in London  at the suit of c gawdy sergeant say the plea be not good for a attachment can  be pen a suit in this court also he plead the flfty pound croak Elizabeth er p  be tender and so the hundred mark be not due and the attachment can be of the  hundred mark and this be no such plea as can he plead puis Le deraign  covlinuance for this arise by the defendant own act and may he intend to he by  covin the court be in doubt for the first point and command that the precedent  he search if any such attachment have be allow pen a suit here or in the  common plea but they hold that the attachment of the hundred mark if  attachable be well enough for it be always to he demand in that manner and it  be accord to the obligation and to the three they hold it may be well plead  puis Le deraign continuance for it go in bar at another day croak Elizabeth  Dalton show d a precedent in the common plea mich Elizabeth such attachment be  make pen the suit and after the last continuance but afterward the party  compound
case PEMHERTON against cony debt lie against a executor durante those inferior  in rank cstate ante wood con I S make a infant of the age of four year his  executor and do by his will appoint that I d during the nonage of the infant  shall have the disposition of his good debt shall he bring against I d during  the infancy for he be executor during that time
case PENDAVIS against KENSHAM Hilary term James roll in plead judgement in a  inferior court it must be show that the court have jurisdiction of the subject  matter ante   cro car Cowp term Rep term Rep the escape from execution of one  of two joint and several obligors do not discharge the debt but a action lie  against the other ante debt upon a obligation the defendant plead that the  plaintiff in the king court at Penwarth bring debt upon this obligation  against one Tregore who be a repeal by the Geo c which enact that whosoever  shall pretend to exercise the art of witchcraft shall be imprison for a year  and stand four time in the pillory see hawk and the vagrant Act Geo c croak  James er p oblige with he in the say bind joint and several and recover and  have he in execution and that the gaoler voluntary suffer he to go at large  and upon this plea it be demurrer first because he do not show that this court  be a private court have power to hold plea which he ought to show to the court  here otherwise the court can take cognizance of their jurisdiction and  otherwise the judgement be void et in person non judge the whole court be of  that opinion croak throw second that this plea be not good in substance for  the escape of the prisoner although it be by the voluntary permission of the  gaoler be not any discharge of the debt and by consequence the action lie  against the other a and so it be hold where two be in execution and the one  escape this be no cause of hearing complaint the whole court be of that  opinion and therefore be no plea for both these reason it be adjudge for the  plaintiff
case pendleton versus grant Eq can ab pl S c better report there be a devise  in a will of all the testator household stuff as brass pewter linen and  woollen except a trunk the person who draw the will be examine to prove that  the testator direct he to insert all his good except the trunk and be allow to  be read in a will the bequest be I give my household stuff as brass pewter  linen and woollen whatsoever except a trunk under the chamber window the  person who make the will be examine as a witness and swear the testator direct  he to insert all his good except the trunk question whether he shall be admit  to be read order to be read as in case of a devise to son John when he have  two of the same name or if the devise have be of his trunk when the testator  have three trunk vide on the head of admit parole evidence fane v fane ante  vol d foster v Munt ibidem and case cite in not there respective
case PENDRED against chamber Hilary term Elizabeth roll a replication must  conclude with a verification Cowp dougl to Rep a court of piepowder may by  prescription he hold out of a market or fair I lev sand cro James error of a  judgement give in debt in the court of piepowder in Canterbury the error  assign be that the plaintiff in his replication have not aver his plea nor in  the end of it demand his debt and damage and for these cause the judgement be  reverse a by Clench and Fenner Wray and gawdy send away they say a court of  piepowder may he hold though not inpleno mercat or fear but this be to he by  prescription and the prescription must he in the style of the court
case PENHALLOS case indictment on a statute must conclude contra form to cause  to stand and can be make good for a offence at commonlaw post salk hale Cas  tempt hard Leon Noy say vide hawk contra Cowp dougl he be indict upon the  Edward c for draw his dagger in the church of b against I S and do not say  accord to the statute to the intent to strike he and for this cause it be void  but then it be move if this be not good as for a assault thathe may he fine  upon it but per curian itls void in all for be indict upon the statute it be  void as to a offence at the commonlaw
case penn versus CHETLE execution this short catalog c omit in the return of a  commission to take a answer supply by other word in the return the  commissioner for the take of a answer in the country have omit to endorse the  writ execution this short catalog c for the form of this endorsement vide harr  Vernon chancery case er p Ch prac vol p for this irregularity in the return of  the answer they have get the answer refer to the six clerk but upon motion to  the Lord chancellor forasmuch as the commissioner have endorse on the answer  captain et jurat c secundum execution et course commission huic annex and have  annex the commission to the answer it be order the answer shall be allow
case PENNOIRE against brace S c ld ray S c Mod S c salk S c comb S c Carth S c  Mod S c show it be rule in this case that where a writ of error be bring by  two and one of they die pen the writ the plaintiff in the original action by  enter a suggestion on the roll that one of the plaintiff in error be dead may  take out execution on the judgement without sue out a to know facias either  against the heir or executor of the dead person
case Penrice and WYNNSCASE a habeas coqus ad subjiciend must be award you  motion but a habeas co put ad to give satisfaction c be grant of course  Maynard sergeant move for a habeas co put for they be commit to the poultry  compter by the commissioner of bankrupt for refuse to be examine and swear  touch their knowledge of the bankrupt estate the process against they in this  court be a attachment of privilege which be a civil plea and of which the  court have jurisdiction and therefore the habeas coqus must be grant the chief  justice say that it may be without motion because all the habeas corpus in  that court be ad faciendum el To take back and they issue of course but in the  king bench they be ad subjiciend which be in criminal cause and not to be  grant without motion a see car c and food be case will a then the sergeant  move that the sheriff may return his writ which be do and be file be take  exception to the return by which the ground of the commitment appear to be by  virtue of a warrant under the hand and seal of the commissioner c which he say  be ill for want of a averment of their refusal to come and be swear for it do  not appear that they do refuse and they ought not to be commit without refuse  so that shall have be positive aver videlicet that they do refuse and still do  for if they be modern Willing at any time they ought to be discharge and so  they be but be order to put in bail upon the attachment
case Penruddock against clerk vide ante cost be Allowable in every case where  error be bring before execution sue ante SC   cro car lev vent Mod strange  king Bac Abr ld raym ante the judgement be affirm but it be now debate whether  cost shall he allow to the defendant in the writ ol error by the Henry c io  first because no cost be recoverable in the first action second for that there  be not any execution to he have but a abatement of the nusance Thirdly in  regard that it appear that the writ be not sue for delay but upon a doubtful  matter which have be oftentimes argue in this court but notwithstanding these  reason it be resolve that cost re allow able in every case where a writ of I  error be bring before execution sue and notwithstanding that the matter be  doubtful yet there be not any case but that cost be Allowable but it be in the  discretion of the court what cost shall he allow but they must not at all deny  it wherefore it be award that the plaintiff in the writ of error shall pay  cost see car c will and Ann c
case Penruddock against errington bail in a original action shall not he  charge with cost in a writ of error if the judgement he affirm l roll Abr g  cro James Mod salk dougl term Rep term Rep dyer post Rep Com dig dougl in  Inotis trespass of battery the defendant be bail for a and b who be afterward  condemned and the judgement be bring into the exchequer Chamber by a writ of  error and there it be croak Elizabeth affirm and other new cost be give by the  croak Elizabeth er p justice in the exchequerchamber and the record be remand  and now a to know facias be pray against the bail as well for the first damage  and cost upon the first judgement as for the new cost Popham and Fenner doubt  whether those cost be well assess for the Elizabeth c give they not any such  authority and at the commonlaw no cost be give upon a writ of error until the  Henry c and if this shall extend to those writ of error new give it will he  requisite to advice but clear the bail be not Chargeable with these cost for  they take upon they to pay only the condemnation of this court and not of any  other wherefore a to know facias be award accord the other justice be absent c  see James c
case Penson against HICKHED vide ante page buy bill of debt be not maintenance  the case be now move again and two cause be assign why the consideration be  not good first it be not allege for what the money contain in the bill be due  nor to who and it may be they be bill make to the defendant himself and due to  he and so no consideration second this buy of bill of debt be maintenance and  so no consideration for the first the justice hold the consideration be not  well allege for the cause aforesaid but for the second they hold it be not  maintenance for it be usual among merchant to make exchange of money for bill  of debt et contra and gawdy say it be not maintenance to assign a debt with a  fletter of attorney to sue for it except it he assign to he recover and the  party to have part of it and the judgement be reverse see will c and Ann c
case Penson against Hodges Trinity term Elizabeth roll in debt on bind the  omission of seal his adorned with small figures be cure by verdict cro James    vent lev ld raym Mod error of a judgement in the common plea in debt upon a  obligation the error assign be because the plaintiff declare that the  defendant per scribe suum obligalaium to go away see croak Elizabeth tender c  without say seal his adorned with small figures as the course be in the queen  bench as Kemp say that all their precedent there be but it be move on the  defendant part and so certify by the prothonotories of the common lPleas that  they be never use to mention the seal of a bind and gawdy say that the  declaration be well enough although it be not good by precedent but as it be  it be clea for when he say per scribe suum obligaYorium to go away see tender  c all necessary circumstance be intend to concur videlicet the seal and  deliver of the deed for otherwise it be not a write Obligatory and delivery be  never allege which prove that it be not necessary to allege the seal for that  it be as necessary as the other wherefore it be adjudge accord that the  judgement shall he affirm a
case Penson and whether his wife against GOODAY Trinity term car roll a action  lie by husband and wife for say of the wife hang you bawd thou art worse than  a bawd thou keep a house worse than a bawdyhouse and thou keep a whore in your  house to pull out my throat ante post roll ab cro James Mod side vent keb cro  Elizabeth ld ray ld ray stram hawk p c action on the case whereas he keep a  alehouse be debt is owed modus licentiatus by justice of the peace that the  defendant to scandalize the plaintiff wife speak these word of her hang you  bawd innuendo the say wife thou the say whether innuendo art worse than a bawd  thou keep a house messuagium prediction innuendo worse than a bawdybouse and  thou keep a whore in your house to pull out my throat upon not guilty plead it  be find for the plaintiff stone move in arrest of judgement that these word be  not actionable but agree that for say one be a bawd and keep a bawdyhouse  action lie because it be a temporal offence for which the commonlaw inflict  punishment but to call one bawd without further speak a action lie not no more  than to call one whore which be a defamation only punishable in the spiritual  court and to say that he keep a house worse than a bawdyhouse have not any  plain intendment what he mean thereby wherefore the action lie not and if it  be intend that such word shall binder guest from come thither be a alehouse  the husband only ought to have bring the action and as to that the court  absent Richardson agree but for the other word they hold that the action lie  by the husband and wife for the slander to his wife and it be as much as if he  have say that she keep a bawdyhouse wherefore it be adjudge for the plaintiff
case pentin against Jenkins Aliennee may be plead without say de patre et  matre queen if aliennee be well plead with full defence trespass for a assault  and battery the defendant go for sale et make practice of defending vim et  injure when c and say that the plaintiff be stranger et born extra allegiance  in birth beyond sea videlicet at saint maloe in France sub obedience Lodovici  c unfriendly king et queen and demurrer exception take first because it do not  say de patre et matre and hold well enough then second there be a full defence  and for that cause the court incline that it be ill plead Adjornatur
case pepin against BUSTINE in a action on the case for stop a gutter a  declaration in a and estate to the house to which the stoppage be a nuisance  without allege for a seize in fee be bad case for stop a gutter through which  water descend to c declaration that he be possess of a house and a yard and  that he and all c Mr pollexfen except hereto because he lie himself but in  possession house and yard and do not allege a seize in fee as he ought to do  in the party in who he prescribe but he grant it will have be good if he have  lie a possession of the gutter a but this he do not neither so that it come  within neither of the rule judgement stay until what time to move ex alteran  part
case PEPIS against low Michaelmas term James roll a declaration by assignee  need not state how the party become bankrupt say quaereLutw SC Carth action on  the case by assignee of commissioner of bankrupt a exception be take to the  declaration because it allege I S to be a bankrupt and do not show how quaere  if good a
case Peplow against rowley a custom in a inferior court to give a day to a  party who have make default be void as be against law ante cro car style Jones  Yelv Cowp to Rep error of a judgement in Salop the error assign be for that in  a action upon the case there try the defendant be essoigned and have day pour  essoin et to express grief to have eund diem at which day the defendant be  demand appear not but make default et to have diem per default secundum  experience villae prediction give by the court videlicet such a day at which  day the party appear and judgement be give against the defendant per nothing  to say so the plea be utter discontinue because when the defendant make  default no day can be give to he when he be out of court and the allegation  that it be do secundum experience can help it for no custom can help that  which be against commonlaw and a apparent discontinuance wherefore the  judgement be reverse a both these case be recite as extraordinary instance    light a and the record of the last case be state at large   croak James er p
case Percival Willoughby against Egerton in what manner the venire shall he  award for partiality in the sheriff and how a judgement informedon shall he  enter   light cro James Tr p pais jenk Carth Mod skin error of a judgement in  Chester the error assign first because the party be at issue a v venire facias  be award to the sheriff and at the day of the return it be enter qubd sheriff  non to cause to go breed and then the plaintiff pray a v venire facias to the  coroner for cozenage betwixt he and the sheriff which be award accord and at  the day of the trial the defendant make default and judgement be give c the  first error croak Elizabeth because that after the plaintiff have admit the  sheriff to execute the writ he can not pray a v venire facias to the coroner  without some cause de puisne tem psalm say non allocatur because there be  nothing do upon croak Elizabeth er p the first writ and it be not now material  have make default a second error be because the judgement appear to he in a  formedon upon default of the tenant and yet the entry be not therefore recu  peret per defaltam as the course be that it ought to be and as to that the  court will advice et adjournatur
case Perkins against clark and CLEYDON a executor sell good of his testator  and die before he receive the money Qucere what remedy a administrator of the  first testator shall have to recover it go yely Jones more oh hend pl n hend  pl cro James cro car sand roll side march and Com dig ld Ra assumpsit the case  be a man devise his land to he sell by I S his executor I S sell it for forty  pound and die intestate before his receipt of the forty pound Administration  of the good of the first testator be commit to the plaintiff whether he shall  have a assumpsit for this forty pound or have any other remedy be move by  spurling sergeant gawdy it be a good case for the money if it he recover  isvassets in their band but he conceive the administrator shall not have a  action to recover it and Clench thereto agree but the other justice will not  deliver any opinion but say it be fit to consider thereof by Edward c executor  of executor shall have action of debt and good be of the first testator in the  same manner as the testator himself and shall answer to other as the first  executor shall do and by car c a administrator de good non and c may sue a to  know facias and take out execution on a judgement obtain by his intestate see  also and will c
case Perkins against Perkins Hilary term Eliz roll a surrender can be make by  tenant for life and remainder man to the reversioner in fee without deed or  word of surrender Ro ab Ro Rep   light a Com dig sand the case upon special  verdict be the father be tenant for life the remainder to Thomas and draw his  son for their life draw purchase the reversion in fee the father and Thomas  surren er to he without deed the question be if this he a good surrender  Fenner the surrender be void for if it be good it must first he the surrender  of he in the remainder which can b e without deed and it can be the surrender  of the first tenant for life to he in the remainder for there be no word of  surrender between they a
case Perkins against Thornton that June see Campbell v Ingilby Beav agreement  to settle a jointure in consideration of a portion by the father though the  portion be never pay yet the wife shall hay her jointure Barker v Barker that  and that may the case of Barker v Barker be in lib Reg a foe lib Reg b foe S c  cite Ves Lord Hardwicke the wife father contract to pay his daughter portion  the intend husband agree to settle a jointure the portion be not pay the  father die then the husband die and the wife then marry the plaintiff Perkins  who bring a bill against the heir at law of the husband to have the article  for the jointure execute and the court decree it the wife have enter into no  covenant to pay she marry upon the faith and credit of the article and perform  ambler the only thing she be to perform by marry and ought to have the  provision this court have execute article in favour of child against the  father and his representative though he have not receive the whole fortune of  his wife see north v ansell p wms Crofton v Ormsby Sch Lef and see Vernon v  Vernon Amb p it be no reason that because they have lose the benefit they may  have have by their father receive the portion that they shall be deprive of  the other ambler er p
case Perkinson against bowman word actionable ante I hawk ch S Bac ab strange  action for these word thou have make false write thereby to get my landf roam  I after verdict it be move that a action lie not for these word for it be not  a express averment that he forge any write and false write may he muniment  without seal for which one be not punishable as a Forge and of that opinion be  Gawdv and Clench But Fenner contra because he can get land by they unless they  he forge write Adjournatur
case perrot against austin question plumer v merchant burr disapprove coop v  Creswell lr Ch a testator can bind his executor where he be not bind himself    light a the case be a covenant with b to put his son a apprentice to c  otherwise that his executor shall pay b twenty pound a do not put his son a  apprentice to c and die b bring debt against the executor of a and it be  resolve by the court that it lie not for two cause first it can be a debt in  the executor where it be not debt in than testator and if one covenant to pay  ten pound debt lie against he or his executor as Edward and Henry dyer be but  if he do covenant that his executor shall pay ten pound a action lie not  against they the second reason the first part of the deed sound in covenant  and the second part shall he of the same nature and condition Qucere of this  reason fide barrow ld mansfield opinion of this case vern
case pet against pet brother grandchild can share with brother child S c salk  S c salk S c ld ray S c comy Rep S c Eq Abr S c holt S c Peer wms per curian  the word brother and sister and collateral in the statute of distribution a  ought in all reason to refer to the intestate for intestates be the modern  report subject matter and in this court they will never hear argument for  distribution before the statute but once in consideration of sir Francis  Walcot who find it will not do procure this statute to be make and the proviso  be that there shall be no distribution in collateral beyond brother and sister  child and that must be brother and sister of the intestate it be upon debate  upon a motion for a mandamus
case peters against Gillam bail on a motion to set aside proceed on a bailbond  the court be of opinion that it will not be sufficient to answer the condition  to put in bail before a judge unless he also put in bail to the filazer
case peters against prideux rake be not titheable S C keb roll Abr Twisden  justice they in the spiritual court will give sentence for tithe for make  though they be never so involuntary leave which our law will not allow of
case peterson case a defendant can take advantage of his own mispleading debt  upon a bind the defendant plead the statute of usury in bar that there be a  agreement hetween the plaintiff and he that the plaintiff shall deliver to he  ware of the value of twenty pound and that the defendant shall pay for the  same within six month thirtyfour pound upon which they be at issue and find  against the defendant Daniel move in arrest of judgement that it not be allege  that the obligation be make for the payment of this money it be no plea or  issue say non allocatur for he shall not takeadvantageof his own mispleading  and judgement be give for the plaintiff
case PETTYWOOD against cook easter term Elizabeth roll a devise three house to  his wife for life with remainder of one house to each of his three child in  fee and if any of they die without issue the survivor shall enjoy totan that  parten equal hetween the these word convey to the survivor a estate for life  only post Leon Leon shower Mod roll Abr Eq can Abr stram ld raym vern Com dig  Bac ab burr Cowp dougl term Rep ejection firm the case be Hawkins be seize in  fee of three house in bury and devise they to his wife for life the remainder  of one of the message to Rohert his son and his heir the remainder of one  other of the message to Christian his daughter and her heir and of the three  message to Joan his daughter and her heir have only these three child and do  further will that if any of they die without issue that then the survivor  shall enjoy totan that parten equal divide hetween they Christian take husband  and have issue the lessor of the plaintiff and die after Rohert die without  croak Elizabeth issue then the feme of the testator die Joan be the survivor  enter into all the part of Rohert and take husband and have issue the  defendant and die the question be if the issue of Joan shall have all the part  of Rohert as a devise to his mother and her heir or if the issue of Christian  shall have a moiety with her as copartner the case be argue by Golding for the  plaintiff and coke for the defendant and all the justice hold that that the  devise only a estate for life be limit to the survivor and the fee do descend  that course of law as well to the issue of Christian which first die as to the  survivor and though the word be that the survivor shall enjoy totan that  parten that be all the message and not accord to all the estate the party die  have in the message for no estate be limit it shall he intend but a estate for  life and the plaintiff have judgement
case petworth parish a order of removal be conclusive against every parish as  to all antecedent settlement S c Sess case on a motion to quash a order of  justice three exception be take first that there be a former order from the  parish of a to that of Petworth and this order be affirm upon a appeal to the  session it be final not only between the parish that be party but all other  except a subsequent settlement can be find out that therefore this order which  be to remove one William pack and Katherine his wife together with their child  from Petworth to Ringmore shall be quash modern report second exception that  the age of the child not appear they may have gain a subsequent settlement  three exception there be no adjudication that the party have become Chargeable  but only that he be likely to become Chargeable the court the first and second  exception be good the first be a point late settle but as to the last the  order be good notwithstanding
case pew and his wife against jeffries a Welsh jade if understand in the  language of the country to mean Welsh whore be word of spiritual cognizance  but Welsh thief seem cognisable by the commonlaw suit be in the spiritual  court for call the wife Welsh jade and Welsh rogue and sentence be there in  the arch the defendant appeal to the court of audience the appeal mention the  former word and in the libel be interline and a Welsh thief croak car hereupon  a prohibition be pray and grant unless cause be show by such a day to the  contrary for it be hold clear that for the word Welsh thief action lie at the  commonlaw and they ought not to sue in the spiritual court and for the other  word it be conceive upon the first motion they ought not to sue in the  spiritual court for they be word only of heat and no slander but it be  afterward move and show that the word a Welsh thief be not in the first libel  nor in the appeal at the time of the appeal but be interline by a false hand  without the privity of the plaintiff in the spiritual court and that upon  examination in the spiritual court it be find to be false insert and order to  be expunge and that the word Welsh jade be show in the libel to be expound and  so know to be a Welsh whore which be a spiritual cause and examinable there it  be therefore pray that no prohibition shall be grant and if a prohibition be  issue forth that a consultation may be award the court be of that opinion for  the word and a Welsh thief be undue interline and by authority of the  spiritual court expunge and in the spiritual court jade be know and expound  for a whore and especial be after two sentence in the spiritual court that the  commonlaw ought not to intermeddle therewith wherefore consultation be grant  if any prohibition be issue forth because improvident and rule give that if a  prohibition be not pass that none shall be
case pew case if a defendant kill a officer who be about to execute legal  process upon he be be guilty of murder though the officer do not use word of  arrest or express his intention of make a arrest post Kely same ld raym hale  stram Inst   b cro James Fost Cowp Thomas pew be arraign for the murder of one  gardener and upon evidence it appear that the say gardener be a bailiff swear  and know and underbailiff to the dean and chapter of Westminster and be have  the sheriff warrant to arrest the say Thomas pew upon a capias out of the  common plea and see he in shirelane within the liberty of Westminster the say  pew see he come towards he draw his sword and the say gardener approach to lie  hold on he not use any word of arrest as be prove Thomas pew said as it be  prove upon examination of two witness before the coroner stand off come not  near I I know you well enough come at your peril and the bailiff take hold of  he he thrust he with his sword that he die immediate it be hold by all the  court that it be murder for be come as a officer to arrest and not offer any  other violence or provocation although he use not the word I arrest you or  show he any warrant because peradventure he have not time nor be demand the  cause the law presume it to be malice and murder in he that so kill one be a  officer and come to execute process a the Lord Hollis bring a writ of error on  this judgement pursuant to a order of the house of lord and on the April the  judgement of the king bench be reverse by the lord l c b Parker ms croak car  er p
case Phelps against Alcock a release to the time of the submission be a good  performance of a award of release general debt on a bind of submission the  award be to give a general release c and hold good though not say of all  action to the time of the submission for per curian a release of all to the  time of the submission be a good performance
case Phelps against lane you father innuendo the plaintiff be a thief be not  sufficient without a averment that the speak be to the son cro Elizabeth cro  James Brownl lev salk Cowp action for that the defendant say of the plaintiff  in presence of diverse of the king subject you father be a thief innuendo the  plaintiff after verdict upon not guilty it be move that this declaration be  not good because it be not allege to be speak to the son of the plaintiff nor  in their presence and the word innuendo help not all the justice be of this  opinion wherefore it be adjudge for the defendant
case Philip against doelittle in ejectment for nonpayment of rend the proceed  may be stay upon bring in the rend and cost c although the plaintiff have  obtain judgement ante post a lease be make reserve rend and for nonpayment  thereof that the lessor may reenter the rend be not pay and thereupon the  plaintiff bring a ejectment and have judgement a motion be now make to stay  the proceed upon payment of what rend be due and all the cost to this present  time a rule be thereupon make that the defendant shall go before the master c  and that he shall take a account of what rend be due c and that proceed shall  stay in the mean time a see Geo c a afterward it be move to discharge this  rule because it be make on a extraordinary motion for the common motion be to  stop proceed on payment of what be due now there can be no proceed after  judgement to which it be answer that though the plaintiff have judgement yet  this be a proper motion where such judgement be in ejectment and this entire  depend on the rule of the court curian the court usual stay proceed in  ejectment on reasonable term at any time before execution execute but in this  case it be rule that if the defendant do not bring in to the master within  three day what rend be just due and the cost that then the plaintiff may take  out execution b see down v turner salk smith v park Mod wither v sturdy bull n  p see also the statute Geo c and the case of Goodtitle v holdfast stram and  Stevenson v Noright black Rep holdfast v morris will b modern report er p
case Philip versus vaughan of the eighth month in court Lord chancellor a  stranger get a assignment of a mortgage for less than be due the mortgagor or  his heir shall not redeem without pay the whole that be due a mortgage his  land to b c a stranger buy the interest of b for less than be real due on the  mortgage and the heir of the mortgagor bring his bill to redeem and the  question be whether c shall be allow more than he real pay for the plaintiff  it be insist that a stranger purchase a encumbrance that Vernon chancery case  er p have no interest before in the estate so that it be not to protect his  purchase or any thing of that nature ought to be allow no more than he real  pay Lord chancellor this case have neither point nor edge for there be no  colour why when the heir of the mortgagor come to redeem the mortgage he shall  not pay the whole that be due on the mortgage if another man have meet with a  good bargain there be no equity for the heir of the mortgagor to deprive he of  the benefit of it and make a advantage thereof unto himself but if a man have  purchase without notice of this encumbrance he may possible have have a equity  to have redeem the encumbrance for what be real pay for it the bill be bring  by the assignee of mortgagee against the heir and the plaintiff have be some  time in possession be decree to account for and allow the defendant the amount  of the rend and profit receive by he during such possession Reg lib b fol vide  darcy v hall ante p brathwaite v brathwaite pro page long v Clopton post anon  salk cite in note a Robinson v Pitt p wms quod vide on this head where  executor renounce
case PHILLYBROWN against REYLAND a action lie against a vestryclerk for keep a  parishioner out of vestry S c post S c stram S c ld ray a action on the case  be bring by the plaintiff as a parishioner of the parish of c against the  defendant be the clerk of the vestry there for shut the vestry door and keep  the plaintiff out of the room so that he can not come in to vote c and on a  demurrer to the declaration it be insist for the defendant that a action will  not lie in this case for if it shall then every parishioner who be keep out  may have the like action therefore to avoid multiplicity of suit   salk a this  will not lie against the defendant unless he have set forth some particular  damage do to he Adjournatur the court be of opinion that the action be  maintainable S c stram S c post but judgement be give for the defendant on a  informality in the declaration see S c post S c ld ray b
case Philpot against feeler see Vickery v London Brighton c railway company lr  c p in a action for word bring in the court of chancery a venire facias  returnable in the king bench pursuant to Elizabeth c though not warrant by  that statute be make good by Henry c action upon the case for word bring in  the chancery by the plaintiff be a clerk there upon not guilty plead a venire  facias be award returnable in the king S bench the writ be venire facias  dvodecim quorum who to have l terr ad minus c after verdict for the plaintiff  it be move in arrest of judgement that this venire facias be ill for the  statute of Elizabeth c which appoint how juror shall be return where this  clause quod who the dawn to have l terr c be comprise extend only to writ of  venire facias in the king bench common plea exchequer and justice of assize  and to no other court and the chancery be omit and therefore the venire facias  be not warrant by the statute but it be thereto answer that this clause insert  in the writ although it be not warrant by the statute as it be agree by all  the justice upon perusal of the statute yet it be not prejudicial to any but  make the better trial and by the commonlaw judge may direct a venire facias  tale quorum who to have so much de terris in case where the matter be of great  consequence but they may not appoint of lesser value than the statute limit  diverse precedent be show out of chancery where always the venire facias be  quod who the dawn to have l terr c and the certificate of the clerk of the  pettybag produce that all their precedent have be so since Elizabeth c  chamberlain justice say that so be the precedent in Chester and Wales when he  be justice there and if it have be croak throw a question whether it be good  at the commonlaw yet it be clear now make good by the statute of Henry c of  Jeofails wherefore it be adjudge for the plaintiff a
case PHINEY versus PHINEY Eq can ab pl S c the son and heir entitle to pound  under a marriageagreement decree to bring it into hotchpot upon the statute of  distribution though in nature of a purchaser plaintiff father on the marriage  of the daughter of buck covenant in case of a second marriage Vernon chancery  case to pay the first son by the first wife pound there be a son and several  other child of the first marriage the father die intestate per cur the heir  must bring the pound into hotchpot although in nature of a purchaser under  marriagesettlement he not be by the statute of distribution distinguish from  the other child of intestate Reg lib b fol enter as of Trin term nomin Phenney  v Phenney so it be apprehend a gift of any personalty by way of portion or  settlement as to which see Weyland v Weyland atk in the lifetime of the  intestate to his heir at law must be bring by the heir in all similar case  into hotchpot but where money lie out by intestate on repair of house which  descend to his old son as heir that be no advancement to be bring into  hotchpot under the statute smith v smith Ves and it be settle that a descent  of land in borough English to the young son will not prevent his have a full  distributive share of his father personal estate Pratt v Pratt on appeal from  the roll Fitzgibbon Rep cite Lutwyche v Lutwyche Forr Twisden v Twisden Ves  Vernon chancery case er p Vernon chancery case de term S michaelis in curian  porter
case Phips against Jackson there be two way of plead privilege saint with a  profert of the writ and dly as a matter of fact it be plead in abatement that  tempore quo memory non extat all the clerk of the queen court of exchequer be  privilege from be sue elsewhere than in that court and that the defendant be  clerk to r p one of the baron of our exchequer aforesaid and upon demurrer per  curian there be two way of plead of a privilege one be to go to issue and at  the trial if the party be a officer of record to show it by produce the record  if he be not a officer of record but be attendant to one of the baron that  must of necessity be try by a jury because the court of exchequer as a court  can take notice of it no more than we the other way be if he be a officer on  record to produce a writ of privilege at the time of the plea plead and then  no issue can be join upon it and here the custom be ill plead for tempore quo  non extat memory be nonsense and shall be pron  interrog  opposite direction  memory non c but he have show that he be one of the clerk of a baron and  insist upon privilege ought not we to take notice that he ought to have  privilege modern to which it be answer that be do not aver that he be clerk to  one of the baron of the queen Chequer but de scaccario our men and for that a  respond ouster be award
case PHYLER against boson if the record be in person mayor et bailiff  community exon ac bailiff curiae Provostiae the same curiae and the placita in  person bailiff dict community it be not the same record SC post SC salk error  upon judgement in trover in the provost court of the mayor of the city of  Exeter for the defendant in error I argue that the writ be abate for it be a  writ upon a judgement in a certain speech in person tunc mayor et bailiff  community exon ac bailiff cur Provostiae the same community et in person c the  word return be placita c in cur c tent in person John gaudy John Dandy Henry  Newcombe et olivero Mustian bailiff dict community c now the record be not  remove for they be not say to be bailiff of the provost court but only bailiff  of the city it be true the writ may be direct to many and return by some of  they as by one sheriff bailiff c yet the placita return must be before the  same person which the writ suppose the judgement to be and in truth there be  no such court as before the mayor and bailiff and the bailiff of the provost  court for they be two distinct court videlicet one before the mayor and  bailiff and another before the bailiff of the provost court and if the case of  guy v Adam be law that they be several style then either may do this be  neither for it be not bailiff cur provost and the writ be quash per curian  vide the case of spry v hill style dyer side cro James dyer of seem  uncertainty in trover to have warrant the declaration but these be not use  because the writ abate
case pickering case assignment of bail take by sheriff may be refuse per  curian let the bail take by the sheriff be ever so good yet the plaintiff may  refuse a assignment of it and proceed against the sheriff by amercement  therefore it behoof he to take good bail it be true the sheriff shall not be  bring in contempt for not bring in the body but the only way be to amerce he  and sheriff may proceed on the bailbond and the plaintiff by Henry c have  election of bail or amercement a
case pickering case Pickering seize of land and sir I werden of a feefarm  issue out of it pay tax only after the rate of one shilling and three penny  per pound and retain for the feefarm after the rate of four shilling at which  the landtax be on which sir John werden owner of the feefarm rend bring his  bill in the exchequer and pray that Pickering shall set forth the value of the  land and what rend be receive and what he have pay for tax to which bill  Pickering demurrer and the demurrer allow notwithstanding the above case of  Sherington be cite the whole matter there appear and this be on a demurrer  which be make the difference
case pie against Brereton debt on a lease for rend reserve at Michaelmas and  ladyday must show at which Feast the year expire but the omission be aid by a  verdict cro Elizabeth cro James show salk ld ray Com dig pleader W Mod Mod  dougl term Rep a lease be make of tithe for three year render rend at  Michaelmas and ladyday and a action of debt be bring for rend arrear for two  year upon nil debet plead the plaintiff have a verdict it be now move in  arrest of judgement that the declaration be too general for the rend be  reserve at two feast the plaintiff ought to have show at which of those feast  it be due but the counsel for the plaintiff say that it appear by the  declaration that two year of the three be expire so there be but one to come  which make it certain enough curian this be help by the verdict but it have  not be good upon a demurrer michaelmas term the first of James the second in  the king bench sir Edward Herbert Knt chief justice sir Francis Wythens Knt  sir Richard Holloway Knt sir Robert wright Knt justice sir Robert sawyer Knt  attorney general Heneage finch Esq solicitor general
case pierce against bacon if a copyholder claim common against a stranger he  must allege prescription in the lord if against the lord himself he must  allege it by way of usage ante post   b more Lut   salk action upon the case  for disturb he in use his common and where Usilatum to be c infra manor  proedictum that every copyholder within the manor shall have common in such a  waste of the lord for two sheep for every acre of arable land and that the  defendant be lord there have dig hole and burrow therein for cony and so have  disturhed he of his common after not guilty plead and find for the plaintiff  it be allege in arrest of judgement that this prescription for a copyholder  against his lord be not Allowable for every prescription by a copyholder to  have common ought to he that the lord have have for he and his tenant c so he  can prescrihe in this manner but all the court resolve that the prescription  be good for there be difference where he prescrihes against a stranger there  he ought to allege the prescription in the lord but where he prescrihes  against the lord gimself he ought to allege it by way of usage and although in  ancient time they be account only but as tenant at will and so may not  prescrihe against their lord yet now they he account in a high regard and as  well as they may prescrihe for their estate in the land itself against the  lord so may they do for collateral thing for the benefit of their estate as  common c wherefore it be afterward adjudge accord for the plaintiff
case pierce against grove June court refuse to let a answer be amend by strike  out the admission of a fact see Paterson v slaughter post and the note there  as to the present practice in such case No entry in l r S c atk motion by Mr  Wilbraham to strike out of the defendant answer several word import that he  have receive pound in full for his advancement from his father in his lifetime  and refuse to bring it into hotchpot and the defendant answer to the  supplemental bill be read in which he say he be mistake as to the law in his  former answer and desire he may be at liberty to waive any admission he have  make in it and to wait until the master shall have make his report of the  personal estate Lord Hardwicke c refuse to grant the motion because it be a  material admission for the plaintiff and it will be to take from he a  advantage and he take a distinction between the admission of a point or  conclusion of law and of a matter of fact the former have often be amend even  at law as in the case of demurrer and though it have be say ambler in case of  a demurrer every thing be admit that be not deny yet that be by construction  of law and the demurrer may be withdraw on payment of cost so in the case of a  writ of error where the defendant in error admit error yet unless such appear  the court will not reverse the judgement the present case be of the denial of  a fact for the defendant know whether he receive it in full of his advancement  Harcourt v Sherrard vern upon the whole it will be proper to consider both the  answer together vide Paterson v slaughter post in Ch that December ambler er p
case pierce against PACKSTON on debt on a bind receipt of part of the money  puis darrein continuance plead in bar good S c salk S c ld ray S c holt ante  debt upon bind the defendant plead payment of part puis darrein continuance  which the plaintiff accept in bar holt chief justice the defendant can not  have plead it in abatement but must have do it in bar and whenever a thing  which in its nature be a bar happen and be plead modern report puis darrein  continuance it admit of no answer and this he say be not like the case of  foreign attachment though that have be hold to be matter of payment and  therefore a good plea in bar nor like the case of the demandant entry into  part of the land puis darrein continuance for that be the party own act only  and he quote the case of Henry b Henry a the first be debt upon contract and  receipt of part puis darrein continuance be plead and there it be hold to be  no good plea because it may be give in evidence but if it have be upon debt  upon a specialty it must have be plead in bar vide Edward Edward
case PIERCESON against hull a continuance may be from one day to another in  the same term S c Lutw S c new Lutw error assign of a judgement from the court  of common plea that there be a miscontinuance the continuance be from one day  to another in the same term which as be urge can not be term be but one day in  law but it be overrule another error be that the time of imparlance be to  quind pasch instead of a die pasch in quindecim die quod etian to be throw  back per cur
case PIEREPOINTS case word not actionable ante action for these word my master  have put I away because I will not be a papist for he will keep no servant but  papist and allege that he be a justice of peace upon demurrer the court hold  that the action do not lie for those word a
case Piers against hoe tenant for life jointuress take a second husband they  convey to the use of a audi his heir for the life of the wife only this be a  forfeiture within Henry c post roll Abr Leon   Bac Abr wood con trespass the  case upon special verdict be that a woman who be tenant forlife as a  jointuress take a second husband and they by deed convey the land to clerk and  his heir hahendum to he and his heir to the use of he and his heir for the  life of his wife only and the question be if this be a forfeiture and it be  argue by Popham for the plaintiff and coke for the defendant gawdy hold it no  forfeiture and that the word if or the life of the wife shall refer to both  for in construction of a deed where the word be doubtful reasonable  construction croak Elizabeth shall he make and when word be in a deed to  express the party intent they shall not he take as void and here the word for  the life of the wife be put in to exclude the forfeiture and to save the  estate and of this opinion be Wray and Scbute upon the first motion but Clench  contra but at another dav it be move again gawdy hold his former opinion but  Wray and the other justice hold it a forfeiture for Wray say by the deed at  first a feesimple do pass and that to the use of the feoff then the estate and  the use be several thing and can be couple to the word for the life of the  wife and Wray say he have demand the opinion of the justice of his house and  they hold it clear a forfeiture in the word and that the word for life c shall  refer only to the use and it be so adjudge croak Elizabeth er p
case piers against turner Hilary term Elizabeth roll assumpsit can be maintain  against a father on a promise to pay in consideration of forbear to sue a bind  against his son although the promise he make at the son request ante say vide  Cowp contra assumpsit as administrator to Greenway and declare that whereas  one Walter turner the son of the defendant be bind by obligation of eighteen  pound to the intestate which money be not pay at the day but the son move the  father to pay it for he the defendant in consideration that the intestate will  give he a long day promise to pay it and that the intestate give he a long day  sure the six of may c and upon non assumpsit plead it be find for the  plaintiff and it be now move in arrest of judgement first that he do not show  the place where administration be commit as Henry pl S say non allocatur for  it be good in a declaration but not in a bar second it be move that here be no  consideration for the give day to the father who be not indebt be not material  otherwise if he have give day to the son say non allocatury for by gawdy lie  all the matter together that the father require it upon the request of the son  and the other give day it be good and a recovery in this action shall he a  good bar in debt upon the bind against the son and to this the court agree and  the plaintiff have judgement notam Trin Elizabeth n the exchequerchamber this  judgement be reverse for it be no consideration
case Piers Griffith against huge MIDDLETON outlawry may be plead in disability  in a hearing complaint and though the name be Peter instead of Piers it be  good for they be synonimous post verstegan roll Abr more cro Elizabeth Leon  palm keb Mod side Com dig Bac Abr hearing complaint to avoid a statute upon  the statute of usury the defendant plead quod to answer non debet because he  be outlaw at the suit of Thomas Moston by the name of Peter Griffith and it be  thereupon demurrer first because that Piers and Peter be two name of baptism  so it can be aver to be one and the same person second for that this outlawry  in this suit which be only by way of discharge and to recover nothing be not  pleadable but after argument at the bar it be adjudge for the defendant first  that they be but one name for so it appear by Piers Gaveston who be so name in  some act of parliament and in other Peter Gaveston and yet it be well know  that both of they be mean of the same person and the chief justice say that  where one be sue by the name of sander and his name be Alexander yet it be  hold to be well enough so Joan and jane be both one name but Agnes and whether  Gillian and ulian be different ass Henry pl Edward pl Edward fol Edward pl  croak throw second that it be not well pleadable in this suit for a person  outlaw be not receivable to sue in any court unless it be to reverse his own  outlawry for the chief justice say that where the action be ad lucrand there  ought to be ability in the person and it be all one to gain by way of  discharge as by way of perquisition Glanville lib cap Utlagatus law terrae to  send away Britton Respondra a tout mes nul respondra a ill and Bracton to the  same intent Edward pl wherefore it be adjudge for the defendant and that the  plaintiff shall take nothing by his writ
case piffin against Fenton after issue join in a action against two defendant  if one of they die the writ shall not abate roll ab SC Jones hard style Mod  shower salk ld ray Bac ab error of a judgement in the common plea the error  assign be because the action be bring against two and issue join by two  defendant and after issue join one of the defendant die notwithstanding there  be a venire facias award to try the issue betwixt the plaintiff and the say  two defendant and the venire facias and habeas corpora and the issue find  mention that it be betwixt the plaintiff and two defendant and although it be  surmise that he die before judgement so no judgement be to be give against he  yet he ought to have surmise it before the issue try and therefore henden  sergeant very much urge it to be a error but it be resolve by all the court  that such surmise needs not to be in judicial process to alter it and  therefore although a venire facias issue against a dead croak car er p person  yet one of the defendant be alive be sufficient and no cause of error a  hereupon the judgement be affirm vide Henry and Henry pl for this point see  car c and will c S
case pigeon against pit if a obligor make the obligee his executor the  executor of the obligee may bring debt against the heir of the obligor debt on  a bind whereon the case be thus the obligor make the obligee his executor and  die the executor die and leaves the plaintiff his executor who bring debt on  this bind against the defendant as heir of the obligor g same case under the  name of seaman v day lev lev vent keb keb shower KB er p and per tout Le court  hold good for the debt be not extinguish but only suspend as to the executor  and judgement be give for the plaintiff a
case pigot against garnish ante a guardian by nurture can make a lease for  year of the infant land See ante and the case there cite SC dyer Bac ab Powel  on Dev the case be now move again Popham hold that if the devise have be that  he shall make lease in the infant dame it have be void for it shall in law  then he the lease of the infant who can make any and none may authorize any to  make lease in the name of another but of he in who name the lease ought to be  make but it seem as the devise be in this case that he be but a guardian for  nurture and be not to make any lease at his pleasure for he may then make they  for a hundred year and here he can make but lease at will and of that opinion  be Fenner and Clench wherefore absent gawdy it be adjudge for the plaintiff  that the lease be void croak Elizabeth er p
case pigot against gascoyn and FURTHEE in debt by a administrator durante  those inferior in rank cette it must he allege that the executor be under  seventeen post   a Mod vent Brownl cro James vaugh Swinb ld raym comens Rep  salk Prec Ch debt as administrator to Anthony Longvile durante those inferior  in rank estate of W Longvile the executor upon a obligation and aver that W  Longvile be within the age of twentyone year the defendant plead a ill bar and  it be thereupon demurrer but because the court be resolve upon conference with  diverse civilian open in court that the power of a administrator durante those  inferior in rank estate do cease at the executor age of seventeen croak  Elizabeth year and that administration commit after that age of the executor  be mere void and notwithstanding this averment here the executor may he above  the age of seventeen year and within the age of twentyone year it be therefore  adjudge qubd to express grief nothing to wrinkle c a see Ann c S croak  Elizabeth er p
case pigot against russel vide ante page case if lessee for life and a infant  reversioner join in a fine he may reverse it for nonage but he can enter for  the forfeiture ante post   b Leon hob Leon more wood cod burr Cowp term Rep it  be move by Tanfield that the writ of error be not good for the writ of error  upon the recovery make only mention of one voucher when it be a double voucher  so the justice have no warrant to examine it the writ of error upon the fine  be ill for the writ make mention of a hundred and five acre and for this  variance it be not good Atkinson and coke contra the writ of error upon the  recovery be well enough for so be all the precedent to make mention of OD  voucher be betwixt the defendant and tenant but if it have be hetween the  first and second vouchee then both ought to be mention and as to the fine it  agree croak Elizabeth er p with the record which be with the cuslos narrow  places but Wray c j say the principal part of the fine be with the  chirographer and it ought to agree with it else it be not good and here it be  hold that if lessee for life and he in the reversion join in a fine to a  stranger and the reversioner reverse the fine for nonage yet he shall not  enter for forfeiture because he join in the fine and consent to it and  afterward the fine be reverse quoad the infant only
case Pigott against russel Hilar term Elizabeth roll if a tenant for life and  a infant in remainder join in a fine the infant may bring a writ of error  alone post I   b I Leon strange cruise on fine burr I to Rep Pigott sue two  writ of error one to reverse a fine the other to reverse a common recovery by  reason of his nonage Tanfield move that the writ to reverse the fine be not  well bring the cinnamon be English be tenant for life in right of his wife the  remainder to the plaintiff in fee and they join in a fine to Russel so they  all ought to join in the writ and there ought to be summons and severance and  he can bring it alone coke and Atkinson contra this writ be well bring by the  plaintiff alone for it be bring for a error in fail videlicet his nonage and  of his nonage the other can take no advantage so the cause of the action be  several and not joint they can join in the action Henry in the case of attaint  Henry pl and they rely upon the case ass the court hold the writ be well bring  because it be no error in the record but a error in fait and if two infant  bring a writ of error they must assign the error several and therefore if one  he within age he must bring the writ alone a a see James c car c pound Ann c  and Geo post a it be move again and the fine be reverse quoad the infant only  post croak Elizabeth er p
case pike against cottington in the exchequer Chamber visne ante   b error of  a judgement in the queen hench in debt upon a obligation the error assign be  the defendant in the writ of error bring debt upon a obligation of croak  Elizabeth er p l the condition be that if he pay l at his house at Lockington  in the pdrish of Kilmerston that then c the defendant plead payment and the  venire facias issue of the visne of Lockington and this be assign for error  for it ought to be de visnetode Ifilmerston for Lockington shall not he intend  to be a village but a place know in Kilmerston Henry pl Henry pl but all the  justice hold it no error for Lockington shall he intend to be a village iris i  the parish of Kilmerston for diverse village may he in one parish but if it  have be at his house in Lockington in Kilmerston then Lockington shall not he  intend a village but a place know in Kilmerston and the judgement be affirm
case Pilkington against dalton a executor can recover rend three right of his  testator unless it hecome due before his death agile   b cro James yely sand  debt upon a special verdict the case be a parson make a lease for year render  rend at Michaelmas or within a month after the lessee enter and the lessor die  within ten day after Michaelmas whether the executor have any remedy for this  rend be the question and it be rule that he have not for the rend be not due  in the testator time nor until the end of the month and in such case it have  be adjudge that such rend helongs to the heir where it be reverse by a lie  person and he die after Michaelmas and before the month end wherefore it be  here adjudge accord a
case Pilkington Mil versus stanhope maii in court from his embassy Reg lib b  fol in the case of a ambassador private man action and suit must be suspend  for a convenient time   Litt a Eq can ab b side S c bill against a ambassador  to redeem court order all proceed to stay for a year and a day unless the  defendant shall return soon a ambassador when defendant have a right to a  essoin for a year and a day and afterward to renew it if the occasion continue  the plaintiff have bring a bill to redeem a old mortgage against the defendant  who be then a ambassador at the court of Spain the defendant obtain a order  that all proceed shall cease until his return from his embassy the plaintiff  move to discharge the order and upon debate it be agree a protection lie for a  ambassador because to make headway or because to delay and may at law cast a  essoin for a year and a day and may afterward renew it if the occasion  continue the court order a stay of proceed for a year and a day from this time  unless the defendant shall soon return into England m
case Pilkington versus Shaller and jefferies all June Eq can ab pl S p lease  for year subject to a groundrent be assign over by way of mortgage to I S for  pound the mortgagee never enter and lose the pound mortgagemoney and be sue by  the lessor for the groundrent No relief it be his own fault to take the  mortgage by way of assignment and not by way of underlease the plaintiff lend  to one Richardson pound by way of mortgage on a assignment of a building lease  and although she never enter nor take possession and lose the pound lend yet  the defendant have recover against her as assignee the rend reserve on the  lease the plaintiff bill be to be relieve against the recovery at law and  although a hard case can not be relieve but the bill be dismiss she be ill  advice to take a assignment of the whole term whereas if she have take only a  derivative lease she can not have be liable to the rend reserve on the first  lease vide spark v smith ante p and for observation on that and the principal  case Powell law mort et seq
case PINBURY versus elkin July pre Ch S c Ant can object legacy be to take  effect after the death of Hester the wife without issue and therefore void as  on too remote a contingency if he die before issue if depart not leave issue  if die not have a son all these limitation create a estate tail Vernon  chancery case er p in the case of Goodyear versus clarke I side a case cite as  determine in chancery and refer to the judge a father on the marriage of his  daughter provide his soninlaw shall refund pound if his wife die without issue  in two year she have a son and she and the son die within the two year adjudge  the soninlaw shall not refund S Vernon chancery case in the vulgar sense a man  be say to be dead without issue if he have no issue live at the time of his  death if a question be ask do I S die without issue No he leave a son and that  son be dead without issue the word be if she die without issue after her death  that be immediate after the death the be to go over and therefore the Lord  chancellor be of opinion the devise over be good it can be think that he  intend the brother shall have it if issue fail eight hundred year after as to  such remainder over be not a covenant good to pay a man pound on failure of  issue of I S point John be dead before his wife Swinburne case in Ventris anon  vent e contra that although the contingency happen do in the life of the party  yet good adjudge the legacy good and decree with interest from the death of  testator wife vide p wms S c and for the state of the learning on the effect  of the word die without issue either alone or couple with other circumstance  paulet v dogget ante p and case cite in not p there see also note to deering v  Hanbury ante vol and cost
case PINCOMB against thomas a grant of all saleable wood grow do not pass the  soil ante   light roll ab one let we a tenement a close whereof be a wood and  common know by the name of a wood and in the lease be a exception of all  saleable wood now grow a see stram where this case be say to have be deny  croak James er p or which shall grow hereafter which have be sell by the lord  of the premise with free entry egress and regress for fall make and carry off  the same at all time convenient and the question be whether the soil of the  wood be pass hereby?And it be resolve by all the justice clear that in this  case the soil be not except but pass to the lessee
case pinner case coroner inquisition must state the place the juror name and  that they be swear hawk p c Fitzherbert cor S p c he be indict that be coroner  of Ludlow only to take in hand search super look substantial object infra fear  el hunderedas comitat Hereford and because it be not allege where the  inquisition be take nor by what person nor their name nor that they be swear  the inquisition be hold to he void and the party discharge
case pipe case assumpsit in consideration of have hecome bail must allege  before who bail be take assumpsit and declare that whereas the defendant be  arrest for surety of the peace in consideration the plaintiff will he bail for  he he do assume c and allege in facto that he hecame bail for he but say not  before who and this matter after verdict be allege in arrest of judgement it  be hold to be good cause of stay it by uvia lmsley and Heaumond for the  consideration ought to be precise allege to he perform and therefore he ought  express to have allege before who he enter into bail that it may appear he  have authority to take bail say adjournatur
case piper against wide easter term Elizabeth roll counter lea to the voucher  ante dyer     Bl Com formedon the tenant vouch the heir of one John Godfrey  within age and pray that the parole demurrer the demandant counterpleads that  neither the say John Godfrey nor any of his ancestor ever have any thing in  property prcedidis c hereupon they be at issue and the jury find that the say  John Godfrey be joint seize in f thou with another who feoff the father of the  tenant c and it be clear hold by the whole court that this verdict be find for  the tenant for if this jointtenancy have be plead by way of counterplea it  have not be a counterplea as appear Henry pl wherefore a strong be find by  verdict for there shall not he any counterplea but where it be thereby prove  that he who be vouch have not such a estate whereof he can make a feoff but a  jointtenant may make a feoff of the entirety with warranty for he be seize per  my etper tood and although it he a seize of the moiety yet the feoff isgood  and the warranty well annex and when they join in a feoff with warranty every  one warrant the entire and that may here he a counterplea to the warrant that  but not to the voucher wherefore it be rule accord
case pit against cony there must be bail on a writ of error in a action on a  bottomreebond S c stram debt on bind and judgement for the plaintiff error  allow and no bail put in to know facias against the bail motion to stay  proceed because error allow be a supersedeas to all process against the bail  reeves by the statute James c error be no supersedeas until bail put in which  ought by rule of the court to be within four day after error allow wear this  be a bottomry bind and not within James c which be for payment of money only  Pratt chief justice this be in the word and within the intent of the Act it be  for payment of money only though it grow due on a contingency for the  contingency have happen per curian put in bail this afternoon a see garret v  Dandy show Scott v brace Mod Desbordes v Horsey stram thrall v Vaughan stram a
case pit against dockwra amendment debt on a bind of submission to a award and  judgement for the plaintiff on a writ of error bring in the exchequerchamber I  insist that the roll be easter term in the first year of James the second the  memorandum of a bill in person carolo recently ring which declare on a bind  date the five day of November in the thirtysixth year dict caroli and the  imparlance be to a SC comb say that it be adjudge for the plaintiff a cro  James b   shower KB er p easter term ante who they speech carolus to go so  here be a declaration of Hilary term in the thirtysixth year c recently king  of a fact do tempore recently king whereupon they move the court of king bench  to amend the record that be here in order to have the transcript amend in the  exchequer Chamber and it be order accord though I urge that what be matter of  fact be not amendable for that perhaps it may be true as it be allege and all  this proceed from the instruction of the party and the fact in truth be as  they have declare and it appear they have commence their shower KB action  before there be cause for it they can have judgement though after verdict it  be of their own show see the case of William v Bentkley more dr Bonhams case  and turner case easter term the three of James the second in the king bench  sir Edward Herbert Knt chief justice sir Francis Wythens Knt sir Richard  Holloway Knt sir Thomas Powell Knt justice sir Robert sawyer Knt attorney  general sir Thomas powis Knt solicitor general
case pit against more a surrender by a copyholder to a seize of the manor do  not extinguish the copyhold SC Mod SC Jones SC vent SC skin SC Freem error on  a judgement in ejectment in the court of common plea where on a special  verdict the case be that a bishop be in the late time seize of a king the  court be of opinion that by the attainder the copyhold estate for life be  absolute determine and that no presentment in this case be necessary SC Jones  and judgement be give for the plaintiff SC pollexfen a the court be of opinion  that the wife have a estate durante widowhood and that the estate vest in the  son to take effect in possession upon her death or marriage SC ray see the  case of dean and chapter of Westminster that wherever a estate be give to a  widow for life provide she do not marry it shall be consider mere in terror  except as in the above case there be a devise over immediate for it be a  settle principle that limitation in restraint of marriage be not to be favour  and therefore under a devise to a wife for life provide she remain a widow but  in case she marry a second husband then to I S when he shall attain his age of  twentythree year the wife have a absolute estate till I S be twentythree  although she marry before term Rep shower KB er p manor a copyholder surrender  to the seize to dispose of the copyhold as he please the bishop enter the  copyholder bring his ejectment hold in the common plea that the copyhold be  not extinguish and that it be a void surrender otherwise if he have surrender  to the use of a stranger who have be accord admit though by the seize the case  be only open and the argue it adjourn till next term a
case pit against webley prohibition prohibition be pray upon the statute Henry  c for be cite out of the diocese contrary to the statute the case be pit have  a warrant from a justice of peace and serve it upon webley as he be come from  church from a sermon upon a weekday whereupon webley libel against he in the  high Commission court where the cause of arrest be allow but for the contempt  the court there give webley six pound cost and for those cost there assess a  prohibition be pray Mann the secondary inform the court that he never know of  any prohibition on a suggestion ground on this statute there be many exception  therein the counsel for the plaintiff in the prohibition relinquish their  surmise upon the statute of his habitation within a peculiar diocese and frame  the suggestion upon the statute of Richard c and Edward c which prohibit  arrest in time of divine service et in to go et Of persons to and from the  church a and thereupon pray the prohibition but it be say that those statute  be where the matter be betwixt one common person and another but not where it  concern the king and a common person as here it do this arrest make be at the  king suit the court seem to incline to this opinion and that there be just  cause for a prohibition but further day be give the party meanwhile agree
case pit versus Snowden January a receiver appoint by this court have a power  to distrain for rend and need not a ply pi for a particular order for that  purpose unless there be a doubt who have a legal right to the rend Lord  Hardwicke say in this cause that receiver appoint by this court have a power  where they see it necessary to distrain for rend and need not apply first to  this court for a particular order for that purpose and that he have often  wonder at their do it as it give the tenant a opportunity of convey his good  off the premise in the mean time for the court never make a immediate order  for a distress but allow on such application a future day for a tenant to pay  vide Griffith v Griffith Ves Hugh v Hugh bro Charles Rep Wynn v Lord  Newborough ibidem if there shall be any doubt who have a legal right to the  rend then the receiver as he must distrain in that name of the person who have  that right will very proper make a application to the court for a order
case plain case rend due from a lessee be not extinguish by the land be extend  by the queen though it accrue hetween the extent and the liherate roll Abr hob    light   cro car Q Cowp burr Wadham v Harlow cook b l cite I term Rep a  lessee for year be oblige to pay his rend in debt upon it he plead that the  lessor be bind in a statute and upon that a to stretch out facias be award to  seize the land and tenement of the lessor into the queen band which be execute  accord and upon that a liherate be award and mean hetween the to stretch out  facias return and the liherate award the rend be incur for which he be  Chargeable to the queen and demand judgement the opinion of the whole court be  clear to the contrary for before the liherate award nothing service for he  remain always tenant to the lessor and Chargeable to he for the rend and the  writ before be but of form when it speak of the seize into the queen hand for  it be never see that land be seize upon that writ croak Elizabeth trinity term  Elizabeth in the queen bench sir Christopher Wray Knt chief justice sir Thomas  gawdy Knt John clinch Esq Rohert schute Esq justice sir John Popham Knt  attorneygeneral sir Thomas Egerton Knt solicitor general
case PLAMPIN versus bet novembris Lord keeper a decree whereby the defendant  be to be conclude by the plaintiff own oath reverse on a demurrer to a bill of  review the plaintiff by his original bill suggest that all receipt touch the  deal in question be lose and pray a account and discovery from the defendant  the defendant in his answer set forth his book of account and his receipt and  payment and swear he receive no other money of the complainant after this the  plaintiff produce his receipt which differ as to the date from the entry in  the book of account set out by the defendant in his answer and after many  wrangle in take the account a order be make by the Lord chancellor Nottingham  that in case the plaintiff will make oath that he believe the sum in question  to be distinct sum they shall be take as such the original bill appear to have  be file by the defendant in the bill of review against the now plaintiff who  be administrator de good non of Thomas Plampin decease for a account of money  leave by he the original plaintiff in the hand of the intestate at several  time and for which he never take any note and which appear to have be allow to  the plaintiff in the original cause on his own oath they be as state in the  Reg book pound S pound S pound S and pound and guinea and also the sum of  pound r l and this as also that the plaintiff oath in some other case shall  conclude be the Vernon chancery case error assign and for that reason the  decree be reverse the Lord keeper say there be no colour to make such a order  but if there have be sufficient evidence without and the oath have be ex  abundant only it have be otherwise Reg lib b fol but this last point do not  appear et vide child v Saxby ante
case plant against breach of covenant post Cr James Ro ab hob Com dig Com dig  wood con Cowp dougl term Rep debt upon a obligation condition for the  performance of covenant the breach assign be that the defendant lessor  covenant that it shall he lawful for the plaintiff be lessee quiet to enjoy  the land and that the lessor himself oust he and it be thereupon demurrer for  this illegal ouster be no breach of the covenant but without argument the  plaintiff have judgement
case player against bandy in debt on bind the plaintiff shall have cost though  a tender be make before the action be bring resolve that in a action of debt  upon a bind though the money be tender before action bring which be refuse  that yet the plaintiff must have cost for the statute whether c for the  amendment of the law give the court no jurisdiction until after action bring  and therefore they can take notice of a tender before beside it be say by  Powell justice and contradict by none that that statute have enable the  defendant to plead payment or to bring the money into court but not to plead  tender refusal and encore priest
case PLEDGARD against lake a recovery suffer by tenant for life in which he  vouch the remainderman in tail will not destroy a lease by the remainderman  make to commence after the death of the tenant for life ante post   a   more    a   b roll   b Eq ab Com dig b Bac ab Bac ab Pigot on recov cruise on recov  tenant for life remainder in tail he in remainder let we for year to begin  after the death of the tenant for life the tenant for life afterward suffer a  recovery with voucher of he in remainder in tail and die whether this lease be  destroy and go be the question and all the justice hold that it be not but  that the lessee may well falsify this recovery by the commonlaw and also by  the statute but if the tenant in tail who have the inheritance have suffer a  common recovery that shall have destroy all the remainder and reversion  thereupon depend and all the estate derive out of such a remainder but tenant  for life have not any such power and the recovery be have against tenant for  life with the voucher of the tenant in tail and it will he very inconvenient  if by such recovery of reversion lease for year shall he destroy wherefore c  croak Elizabeth er p
case PLORY against Bluett venire facias devilla S be good venire facias direct  to sergeant at mace without say minister cur be good error in a judgement in  the court of Southampton first the declaration be of a assumpsit at villan et  come Southampton and the venire facias only de villan Southampton but hold  good enough second venire facias be direct to the sergeant of the mace and do  not say minister cur but because the same man and same officer shower KB be  lie to be so before they hold it well enough three to know to be able instead  of to be able well enough and judgement be affirm b march see also style raym  and king v grey inn dougl a Bulst hob b keb c post d post e the whole court  agree that the action be discharge by the defendant conform and that by the  proviso in the statute James he be release from the penalty for the plaintiff  acquire no debt or duty until judgement SC raym a see   and a ante page case  eason v Newman cro Elizabeth bruen v roe side Beckworth v elvey Clayt morris v  page and Harwood burr roy v Johnston and Dawson burr Anonymous salk ld ray  shower KB er p
case ploughman case in escape the indictment must show for what felony the  party be arrest and when it be commit S p c Leon Het hawk ploughman be indict  for that h be a constable arrest I S for felony and a say queen for the  demurrer admit the evidence to he true croak Elizabeth er p voluntary let he  go at large exception be take to the indictment because he do not show for  what felony for the other may traverse it vide Edward second he do not show  when the felony be commit for it may be it be before the general pardon and  then the perniitting he to go at large be no felon wherefore for these reason  the indictment be hold to he insufficient by Clench and Fenner cceteris send  away Anonymous croak Elizeheth er report date case anonymous the Elizabeth c  do not confine the v venire facias to any precise form of word ante I Leon cro  James error of a judgement in a action upon the case the error assign be  because the v venire facias be quorum quilihet hahet balance terrce c where  the form presrcibed by the statute be quorum quilihet haheat libras terrce c  but it be say that balance terrce be as good Latin as libra terrce and the  statute intend not a precise form but that every one shall have lib terrce and  the course in fine be by balance the prothonotories of the common plea certify  their course to he always after the statute to make their writ quatuor balance  wherefore it be hold to he no error and the judgement be affirm
case plummer against lea if a have judgement in to know facias and become  bankrupt the assignee of the original judgement shall have execution without a  new to know facias one Alexander holt in the seventeenth year of Charles the  second recover a judgement against the defendant and have a testatum to know  facias to the terretenants they appear and plead and there be a verdict  against they at the assize in Suffolk and judgement thereupon afterward holt  become a bankrupt and the commissioner assign the original judgement to  plummer who now move the court that it may be enter to entitle he to the  benefit of the judgement upon the to know facias which be rule accord without  bring a new to know faciasSee Hewit and other assignee of Bibbins v mantel  will a quod notam trinity term the seven of William the three in the king  bench sir John holt Knt chief justice sir William Gregory Knt sir Giles Eyre  Knt sir Samuel Eyre Knt justice sir Thomas Trevor Knt attorneygeneral John  hawles Esq solicitor general
case plunket versus Penson at the roll July SC post Semb a plea for not bring  the representative of the personal estate before the court allow even though  suspect to be for delay mere at law if you join the heir and executor in a  action they may demurrer otherwise in equity for every person must be make a  party who be necessary so where the representation be contest in the spiritual  court you may bring a bill for discovery of asset against the heir without  make a administrator a party a bill say the court so far as it be not  contradict by the plea must be take to be true a plea for want of proper party  be a plea in bar and go to the whole bill as well to the discovery as to the  relief hanne v Stevens vern Sangosa and the east India company Eq ab pl a plea  that the bill be only bring against the representative of the real estate  whereas it ought to be likewise against the representative of the personal  estate such a plea ought to be allow whatever reason there may be to suspect  it be put in for delay that the rule of the court may be uniform in bill of  discovery the court say you shall make every person a party who be necessary  to be make so that you may not multiply suit improper at law indeed if you be  to join the heir and executor in a action they may demurrer to your action but  in equity you may join they knight v knight p W atkins er p a bill of  discovery of real asset may be bring against a heir in order to preserve a  debt without make a administrator of the personal estate a party where you  suggest that the representation be contest in the ecclesiastical court and  there a plea for want of party will not be allow
case Plunkett against Gillmore a action on the case lie for conspire to cause  a tavern to be repute a bawdyhouse S c fort this be a special action on the  case bring by the plaintiff in Ireland the declaration be that he the  plaintiff keep a tavern in Dublin and that the defendant procure a soldier to  dress himself in woman clothes and so to personate a woman and then to come  with another soldier to the house of the plaintiff and to call for wine and  soon afterward he the defendant procure another soldier to come into the room  where the two be drink and to claim that soldier in woman clothes to be his  wife and by this mean to quarrel with the other and to cry up the tavern to be  a bawdyhouse which bring the mob together who be likely to break his the  plaintiff window and that there be a custom in Dublin to cart bawd upon the  general issue plead the plaintiff have a verdict and judgement in the king  bench court in Ireland and a writ of error bring in this court it be say by  the plaintiff in error counsel that it do not appear by the declaration that  the plaintiff have any cause of action for he only set forth that the mob be  modern report er p likely to break his window which be no positive allegation  that they do break they and therefore the judgement ought to be reverse but  the court without any further argument affirm the judgement for the  declaration set forth a custom in Dublin for bawd to be cart therefore to  represent a tavern to be a bawdyhouse may be injurious to his trade as a  vintner by which he may be very much damnified and by consequence have a good  cause of action
case pocock against THORNICROFT a information lie for inveigle a man wife and  give her credit with a view to charge the husband leave be grant to file a  information against the defendant for inveigle away the plaintiff wife and  procure merchant and tradesman to sell her good in order to saddle the husband  with the debt agree with the seller to deliver he the good again
case pocock versus lee Eq can ab pi S c a and his wife mortgage the wife  estate and a covenant to pay the money but the equity of redemption be reserve  to they and their heir a die and his wife survive the mortgage shall be  discharge out of the husband estate Mr Alexander and his wife who be the  daughter and heir of one daily make a mortgage of the wife estate the husband  covenant to pay the money but the equity of redemption be reserve to they and  their heir Mr Alexander the husband arean and make the defendant his executor  the wife survive after a decree to account the question be upon exception to  the master report whether the mortgagemoney shall stand charge upon the land  or the land be exonerate out of the husband personal estate per cur the  husband have have the money be in equity the debtor and the land be to be  consider but as a additional security and so decree it accord to the judgement  in the house of peer in the case of Lord and lady Huntington ante p SC et vide  Tate v Austin p wms
case pointer against pointer on a assumpsit to pay so much if the plaintiff  marry the daughter of the defendant at his request a allegation that he do  marry her without say at the defendant request be sufficient certain Plowd    light lev cro James vent lev French piece shall be intend French crown hetl  Bac Abr assumpsit whereas the plaintiff and defendant have communication that  the plaintiff shall espouse the daughter of the defendant the defendant  promise if the a ante b say vide car c roll ab a James roll cro James e cro  Elizabeth more d say vide SC ante croak car er p plaintiff ad earnestness to  ward off will marry the defendant daughter he will pay to he twenty pound and  give to he twenty French piece towards their wedding dinner and allege croak  car in fact that he marry the defendant daughter and have require he to pay  the say twenty pound and that he have not pay it and that the twenty French  piece amount to six pound English money and the defendant have not pay they  upon non assumpsit plead it be find for the plaintiff Berkley sergeant move in  arrest of judgement that the declaration be not good for the promise be but  conditional if he ad earnestness of the defendant marry his daughter c and he  allege that he marry the defendant daughter but he do not say ad earnestness  to ward off so it be a condition precedent if he have not aver performance  thereof there be no cause of action but all the court conceive upon this  agreement to marry the daughter ad earnestness to ward off and he marry her it  shall be intend to be ad earnestness to ward off without aver that he after at  the instance of the defendant marry her a second exception be because the  promise be to give to he twenty French piece that be not twenty French crown  for there may be other piece say non allocatur for French crown be the common  coin of France and here know and it shall be intend accord to our usual speech  whereupon it be adjudge for the plaintiff
case pollard against awker a custom can be try in the spiritual court libel in  the spiritual court by a clerk of a parish for fourpence ayear due to he by  custom from every master of a family in the parish the defendant deny the  custom and a prohibition be grant because a custom be not triable there except  in the case of a pension
case pollard against crying Euhan and other a writ of conspiracy must be  against two but a action on the case in the nature of conspiracy for a  malicious prosecution will lie against one person only although the jury do  not find the bill but the declaration must show that the prosecution be at a  end case in nature of a conspiracy the declaration state that the defendant by  combination and conspiracy c do procure the plaintiff to be causeless indict  of c the defendant be all find not guilty except Evans against who there be a  verdict it be move in arrest of judgement that upon this record it appear the  declaration be false for a conspiracy can be in or by one but between two at  the least and Fitzherbert be cite for it but it be answer and resolve by the  court that in a writ of conspiracy it be true a but in a action of the case it  be otherwise and though this be like the other yet it be not the same and this  diversity have be often allow in this court as likewise that in a writ of  conspiracy it must be allege that the party be fixed by law modus acquietatus  ind and show that it be a fair acquittal b but this action will lie for such a  malicious prosecution where shower KB the jury find a ignoramus c judgement  for the plaintiff c
case pollard against lock Trinity term Elizabeth roll a ambiguity in a  criminal information shall not he clear by intendment ante t Rep  Informationupon the Elizabeth c for perjury and declare that whereas I r bring  trespass against he and he plead not guilty and the plaintiff entitle himself  by a feoffm ent of the land he show a courtroll hold before I lock gentle  which prove it be copyhold prcedict I lock falsb devosuit that he be not  steward at that time where in fact he be then steward whereby the verdict pass  against he c after verdict it be allege in arrest of judgement that the  declaration be insufficient for here be two I fockes mention videlicet the  defendant and I lock steward and so may he intend another man and when it be  say predict I lock to lay this shall he intend to refer to he that be last  name and not to the defendant and every declaration ought to be certain and  shall not he take by intendment and for this cause it be adjudge for the  defendant vide Henry pl b Henry pl Edward d Henry b
case pollard against scholy a good fide contract shall not he avoid by a  subsequent agreement to take more fee for forbearance than law interest more  cro James sand Mod Mod Bac ab ray vent Cowp hawk dougl debt the case be  pollard sell to the defendant two ox d June Elizabeth for six pound six  shilling and eight penny to he pay at all saint next and at the same day  scholy require of he a long day for payment c and pollard give he till the  first day of may next pay to he for the forbearance of his money three quarter  of wheat which be above the value of ten pound per annum for a hundred pound  accord to the Elizabeth c S a and the defendant in debt for the six pound six  shilling and eight penny do plead this and will avoid the contract the opinion  of the justice be that the statute do not make the contract void which be duly  make but do only avoid all contract for usury and this last contract be void  be against the statute but the first be good be make bind fide notam hill term  Elizabeth b r in a information by Mallory v bird if one contract to have  twenty pound for the loan of a hundred pound if he take nothing of the twenty  pound he be not punishable by the statute but if he take any thing if but one  shilling this be a affirmance of the contract and he shall render for the  whole contract
case pollard and his wife against ARMSHAW word contra bomos more if they do  not charge a offence pregnant with temporal damage be not actionable ante I  roll ab more Kitch side Mod I vent cro car cro James Mod action for these word  thou art a whore and I S have the use of your body the cart be too good for  you after verdict it be move that the action lie not for these word and so  hold all the court but if one say to a woman which keep a inn or a  tablinghouse thou keep a house of bawdry it be actionable for thereby her  house be slander wherefore it be adjudge for the defendant a   Inst vent Leon  Leon   light sirrah croak Elizabeth er p
case POMFREIT against BROWNSAL it be embracery to solicit a juror to appear in  favour of one party ld raym the court ex duty will abate a who tain action if  it appear to he bring in a improper county ante and Bac ab hawk salk term Rep  and see term Rep debt upon the Henry c and demand l for himself and the queen  and allege how one Ann Reston bring a action upon the case in this court and  have judgement to recover and a writ of enquiry of damage award and the  sheriff impanel a jury to inquire and the defendant at Crompton in the county  of impanel a jury to inquire and the defendant at Cambridge embrace the juror  of the same inquest c the defendant plead non dehet the jury find a special  verdict that the defendant in the county of Hedford solicit the juror to  appear and show unto they a precedent where in such a case great damage be  give et si c Godfrey for the plaintiff move that this be direct maintenance  for one who be not learned in the law ought not to meddle to give or show awe  evidence to the juror as appear Henry pl Henry pl croak Elizabeth and  embracery be the labour of a jury to appear as Henry pl be et vide Henry pl  what be embracery wherefore c but it be move in regard it appear that this  action be not bring in the proper county where the fact be do which be find to  he in the county of Hedford the bill ought to abate by the Elizabeth c a and  of that opinion be the whole court for the statute be in the negative that  action upon penal statute popular shall not he bring out of their proper  county and when it appear to the court that the plaintiff have bring his  action against the form thereof although the defendant do not take any  advantage thereof by plea the bill ought to be abate wherefore it be adjudge  quod to express grief niAil capialper billam
case pool against gardener if it do not appear on the proceed that the  spiritual court have not jurisdiction no prohibition shall go after sentence S  c Carth on a motion for a prohibition it be hold that where it do not appear  in the libel or proceed that the cognizance do not belong to the  ecclesiastical court modern report there no prohibition shall be grant after  sentence but where it do appear in the libel or other proceed that the  cognizance do not belong to the spiritual court there after sentence a  prohibition shall be grant in all case except one which be where a man be sue  out of the diocese then if be do not take advantage of it before sentence he  shall not have a prohibition for that cause afterward because though the cause  for that reason do not belong to that spiritual court yet it belong to a court  of that nature and not to one of the king court
case pool against the hundred OF flit declaration on the statute of hue and  cry against the hundred this be a action against the hundred of Flitt in  Bedfordshire for a sum the plaintiff have be rob of and the jury find a  verdict for the plaintiff but it be move in arrest of judgement and the first  exception be that the robbery be say to have be commit in come predict and the  last county mention be Middlesex so that it be not say to have be do in  Bedfordshire the second exception be that the lane wherein the robbery be  commit be not say to be the king highway they must be robbery which in their  own sense include the action do in the highway sand Raby contra as to the  first exception the beginning of the declaration be against all men man of the  hundred of Flitt in the say county and Bedford sacred scripture be in the  margin which be in the county of Bedford it afterward say that he be rob in  lane in the say hundred of Flitt which must be in Bedfordshire modern report  as to the second exception it be the common form the case in sander only show  that it will not he have the other way of this opinion in both point be the  court and therefore judgement be give for the plaintiff
case Popham versus bampfield the parliament be prorogue you may proceed in the  account in this court notwithstanding the appeal Reg lib b fol account direct  vide ante p SC a appeal to the house of lord do not now stay any proceed in  court of equity but they may be stay by special order general order of the  house Ves application for such special order ought to be make to the house not  to the court who judgement be appeal from Huguenin v Baseley Ves lews v Morgan  price and the same rule hold in appeal from the inferior to the superior judge  in the same court Macnaghten v boehm I W
case porter against Bathurst abbey land discharge of tithe as be parcel of the  demesne of the Cestercians shall be discharge of tithe in the hand of the  grantee of the crown although at the time the abbey be dissolve they be in  lease for year and the lessee pay tithe ante SC palm SC roll Rep hard pollex    a   b dyer Com dig Bac ab bunb prohibition upon a special verdict the issue be  whether a abbey hold such land discharge tempore disintegration c it be find  that the abbey be of the order of the Cestercians who hold they discharge of  tithe dumb not common with others shades of dead excoleba and that those land  be parcel of the demesne but in lease for year at the time of the dissolution  a and for certain year before and now the year be determine the question be  whether the owner shall hold they discharge in nest not common with others  shades of dead and it be adjudge that he shall for although the farmer pay  tithe at the time of dissolution yet quoad the abbot the inheritance be  discharge of tithe and the king or his patentee shall have and hold it  discharge as the abbot hold it for the inheritance wherefore without argument  on the defendant part none be there to defend it it be adjudge for the  plaintiff a see Henry c in the case of Lord v Turk bunb this question be say  to have receive a contrary decision but in benison v smith easter term Geo it  be hold to be too inaccurate report to be rely on and in the case of Cowley v  key in the exchequer which come on at sergeantsinn that February and in which  the like point occur Lord chief baron Eyre recognize and approve of the above  case of porter v Bathurst croak James er p
case porter against culmore easter term car roll a bind for quiet enjoyment in  the penalty of quinquigint scales be good debt on a bind in quinquigint scales  in which the condition be that if the plaintiff shall quiet and safe enjoy c  the question be whether this be a good bind the plaintiff have declare in debt  for five hundred pound argue that it be well enough accord to the case of  Walter v Piggott a where the bind be septuagint et quinquagint scales and the  demand be seven hundred et quinquagint scales and judgement for the plaintiff  for it be hold no variance though there be nothing plead by the party or find  by the jury that it be mean for seven hundred pound so in Fitzhughess case b  though the bind be octigint libras instead of octogint and hold nought in the  case of Parker v Kenedy c a bind for sessanta scales be hold good for sixty  pound and in Parry v dale d in quinquigint scales be hold good by most of the  judge upon a writ of error though in the king bench judgement be give for the  defendant e the Lord chief justice that which make I doubt be because the  condition be collateral for I always take a difference between where the  condition be collateral and where it be for payment of money for in the last  place we be guide by the sum in the condition to know what be mean by the  party to be the penal sum accord to common shower KB usage about double the  principal money Payable but where the condition be to do a collateral act  there non constat at all what be the party intention to which Thompson answer  that the case of Parry v dale be on condition to have the moiety of a lease  the court incline it to be well enough but the case be adjourn until the next  term hilary term the first and second of James the second in the king bench  sir Edward Herbert Knt chief justice sir Francis Wythens Knt sir Richard  Holloway Knt sir Robert wright Knt justice sir Robert sawyer Knt attorney  general Heanage finch Esq solicitor general
case porter against fillip a release of all action and demand give as part of  the consideration for a promise to pay a bind within a certain time if the  obligor do not do not extinguish the future right of action arise from  nonpayment within the time although give after the promise make ante   b    light Lutw Bulst Poph cro Elizabeth assumpsit July in consideration that the  plaintiff will lend he seven pound ten shilling and will accept a bind of sir  George manor of eighty pound and a letter of attorney to sue it and will  promise to release to the defendant all action and demand the defendant assume  that if the plaintiff can not recover from the say sir George manor forty  pound within such a time he will pay that forty pound to he upon request and  allege in fact the lend croak James er p he the seven pound ten shilling and  the acceptance of the bind of eighty pound and the letter of attorney and that  he accord to his promise postea the same day and year release to the defendant  all action and demand and that the defendant have not accord to his promise  although he can not receive from sir George manor within t e say time c et  although require pay to he the forty pound croak throw the defendant plead non  assumpsit and find against he and now move in arrest of judgement that the  plaintiff by this release which he himself have show that he make the same day  after the promise of release all action and demand have extinguish this action  and therefore by his own show have no cause of action but all the court hold  the action to be well maintainable for this release be part of the  consideration and the cause which give he this action and without make thereof  he can not maintain this action and although the release be general of all  action and demand yet that do not discharge what be future and whereof he have  not any cause of action at the time of the release make wherefore it be  adjudge for the plaintiff a
case porter against grey queen if the defendant shall have cost on a avowry  for a amercement ante post moor cro James cro car Carth Bac Abr dougl term Rep  avowry for a amercement in a leet for not do suit the plaintiff be nonsuit for  which the defendant have a return and he pray his cost but the opinion of the  court be he shall not have cost for it be not such a thing for which the  statute a do give cost for it extend only to custom and service
case porter against grey Trinity term Elizabeth roll a leet can be grant but  by deed and it must then he hold on the day mention in the grant ante Inst  hawk avowry for a amerciament in a leet for that Edward the six grant the  hundred of h in which/was a leet to g Owen in fee who die seize and it descend  to I Owen his cousin and heir who be seize grant it to foster in fee who by  deed enrol grant it to the earl of Leicester in fee who by deed enrol grant it  to Lord Norris in fee and for that the defendant be resident within the  hundred and appear not at a leet hold d April Elizabeth he be amerce  twelvepence and for that the distress c upon this avowry it be demurrer in law  first because he plead that g Owen die and it descend to I Owen his cousin and  heir and show not that g die without issue say non allocatur for it shall he  clear intend second that he say that I Owen do grant it to foster but show no  deed of the grant and it be rule to he ill for this cause for it can be grant  but by deed which must he show three that the defendant do not show that the  court be hold within a month after easter and this be hold a good exception it  be a leet by grant but of a leet by prescription it be otherwise Henry pl  Henry pl and they be of opinion to give judgement for the plaintiff but will  advice c croak Elizabeth er p
case porter against porter if one jointtenant surrender his moiety and die  before it be present it be a severance of the jointure post   light b Yelv  roll Abr Bulst strange burr two jointtenants copyholder in fee the one  surrender into the band of two tenant to the use of his last will and make his  will of that land and die the surrender be afterward present whether it shall  bind the survivor?And resolve per curian that it shall for be present it shall  relate to the first time of the surrender wherefore it be adjudge accord
case pot and other versus reynolds and other second seal before Michaelmas  term the court will not give leave to withdraw a replication unless it be add  that the plaintiff may be thereby enable to amend his bill or otherwise it may  be a contrivance to defeat the defendant of his full cost by get the bill  dismiss at the hear with S cost Mr Bignell move that the order of the  twentysecond of July last for withdraw the replication may be discharge or  that the plaintiff may submit if his bill be dismiss at the hear to pay the  defendant full cost the order be obtain upon petition to the master of the  roll upon a application mere for withdraw the replication and since the order  the cause have be set down in Lord chancellor paper on bill and answer the  defendant upon a apprehension this order be obtain by the plaintiff only to  save the full cost move it may be discharge Lord chancellor these order be  very rare grant unless to the application for leave to withdraw the  replication something further be add as that the plaintiff may thereby be  enable to amend his bill or some reason that may induce the court to give the  plaintiff this indulgence because otherwise it may be a contrivance atkins of  the plaintiff to defeat the defendant of his full cost by get the bill dismiss  at the hear with forty shilling cost only Lord Hardwicke order it to stand  over till the first Thursday in the term that the register may search for  precedent and at the same time say he shall then expect the plaintiff to show  some reasonable ground for his withdraw the replication
case pot versus pot eoden die in court Lord keeper Eq can ab pl S c it be  sufficient for a servant or apprentice to say in his answer in general that  what he receive for his master be lie out again by his order Vid ante case  pound on exception to a master report which have report the defendant answer  sufficient the Lord keeper declare that it be sufficient for a servant or  apprentice in answer to a bill for a account to say in general that whatever  he receive be by he receive and lie out again by his master order the  exception allow Reg lib b fol vide east India company v henchman Ves jun
case potter against james a indebitatus must state upon what the debt arise SC  comb SC Mod error on judgement in indebitatus for so much money then due and  unpay and reverse because not say upon what account
case potter against james S c show S c comb assumpsit pro den debit et insolut  be not good without set forth a contract or for what the money be due
case Poultney against Wilkinson word actionable cro car hawk action for these  word thou art thrice perjure in your answer in chancery to my bill innuendo a  bill exhibit there by the defendant against the plaintiff and a answer to that  bill the defendant demurrer because he allege not any perjury in any  particular and without argument it be adjudge for the plaintiff croak  Elizabeth er p
case Povey versus brown amhurst all disapprove of like v Beresford Ves Jun Eq  Abr c S c pale yellow Eq Rep S c in this case one Selby uncle to the defendant  wife have by his will give her pound legacy while she live sole afterward on a  treat of marriage with the defendant it be agree by article that pound of this  legacy shall be apply towards payment of his debt after the marriage the  defendant without his wife assign the remain to the plaintiff who be creditor  likewise and they bring this bill against the defendant and his wife and the  executor of Selby to have a satisfaction of their precedent in chancery er p  debt out of the remain pound and it be decree that a account shall be take and  upon the plaintiff prove themselves teal creditor and that the assignment be  good fide they be to have a satisfaction accord and the residue if any of the  pound be to be put out for the benefit of the wife
case Powell against ball to hinder a bailiff from arrest a man be a contempt  of the court if a bailiff have a warrant to arrest a man and another hinder he  from do it there be no actual arrest it be not a rescous yet it be a contempt  of the CourtSee Wilson v grey post a
case powell against brazennose college a original writ amend by the court upon  the evidence of the cursitor Jnte Cowp formedon the writ be Proecipe quod To  give back twenty acre hedington in be omit William pray that it may he amend  and she ed the court a dyer Plowd croak Elizabeth er p that it be only the  default of the clerk for he have writ it out of a paper deliver he to make the  writ wherein this word in be insert which the cursitor confess on his  examination here upon his oath whereupon it be amend b the order of the court  but Walmsley first doubt thereof because it be a original writ whether it may  he here amend where the default of their own clerk be only amendable but  afterward he assent to the amendment
case Powell against hutchins to charge a man with have steal iron bar from  window or corn in the field be not actionable for they shall be intend parcel  of the freehold ante post cro Elizabeth Com dig case in grow law action for  these word thou art a thievish rogue and have steal bar of iron out of other  man window it be hold that the action lie not for the bar of iron be parcel of  the freehold and the steal of they be not any felony a and it croak throw  shall not be intend of bar of iron lie in window as be object that it may be  for it shall be take in the best sense for the defendant and it be say that it  be adjudge in one bridge case that for say thou art a thief and have steal my  corn in the field a no action lie for it shall be intend stand corn which be  not felony wherefore it be adjudge for the defendant
case powell against sheen the court in Wales can hold plea of damage or debt  above fifty pound post prohibition be pray to the council of the march of  Wales for that upon a bill there for a suppose riot and battery to the  plaintiff damage of a thousand pound croak car er p they proceed and give  sentence against the defendant and award one hundred mark damage to the  plaintiff where by their instruction they ought not to hold plea of damage or  debt above fifty pound Evers the king attorney for the march of Wales answer  that by their new instruction they may bold any plea of riot or misdemeanour  as the starchamber may but it be thereto reply that although the starchamber  of late time have use to decree damage to the party and the legality thereof  have not be question be a Supreme court it do not therefore follow that other  court may assume unto themselves such a jurisdiction and although Evers say  that court be ordain and establish by the Act of Henry c it be answer that the  say Act do not authorize that court to do more than former have be use and  whether it be before those time so use can be show whereupon it be adjudge  that a prohibition shall be grant
case Powell and wife against plunket in the exchequer Chamber in a action for  say a steal my plate the defendant can justify that he speak the word on a  suspicion that a be the thief cro James espin dig term Rep error in the  exchequer Chamber of a judgement in the king bench in a action by plunket for  these word speak by the wife Mr plunket do steal my plate out of my chamber  the defendant plead that they be possess of such plate which be steal out of  their chamber and she suspect the plaintiff to have steal it speak those word  and it be demurrer thereupon and adjudge for the plaintiff this error be  assign that the declaration be not good for a feme covert can have plate but  it be the plate of her husband so the word be insensible and not actionable  but it be resolve by all the justice and baron that the action well lie for  although she may not have plate yet it be croak car in common speech well know  that the wife account her husband good her good and so what she intend by  those word be a great slander and the justification clear ill for suspicion be  no good cause to justify the speak such word whereupon the judgement be affirm
case Powell versus arderne and chevall of the tenth Lord chancellor Eq can ab  pl S c if a defendant demurrer because the bill contain several distinct  matter against several defendant he must by answer deny combination if it be  charge by the bill defendant demurrer because the plaintiff bill be bring  against several defendant for several distinct matter the demurrer be overrule  because the plaintiff by his bill have charge the defendant with combination  which the defendant have not deny by answer in the register minutebook that  Dec two demurrer overrule Lloyd v Rattray and another that Nov in the  exchequer not report Lord chief baron think this case right note by Mr Selwyn  a single case I believe on this point and contrary to the practice of settle  demurrer W S but the answer must not go further than mere to deny combination  otherwise it will overrule the demurrer Hester v Weston post et vide simmonds  v Lord Kinnaird Ves but though the defendant have separate and distinct right  yet if one general right be claim by the bill the demurrer will not hold mayor  of York v Pilkington other atk it be however clear that where two demand  though of a similar nature be yet distinct and unconnected demurrer to a bill  in which such demand be include will hold ware all v duke of Northumberland  Anstr Mit Tr Eq
case Powell versus bell Eq Abr pl S c vern freeman Ch case Eq Abr c S c n see  also wms wms case tempt Talb a executrix or administratrix waste the personal  estate and then marry and die the husband shall be Chargeable in equity to  answer it in nature of a debt so far as any fortune of his wife come to his  hand will extend unless he have make a settlement on her adequate to that  fortune without notice of the debt or devastavits the defendant have marry a  administratrix to her former husband to a share of who personal estate the  plaintiff be entitle the administratrix be likewise entitle to a three and  before her second marriage have waste great part of the estate and then die  precedent in chancery this bill be bring against her husband to have a account  of the estate and a satisfaction of his share and be hear at the roll a  account be decree to be take of what of the estate have come to the hand of  the administratrix before her second marriage and also what have come to her  or her husband hand since the marriage and the plaintiff to have satisfaction  against the defendant absolute for so far as come to his or his wife hand  after marriage and for what come to her hand before her second marriage to  have a satisfaction against the defendant so far as he have any estate of his  wife and this be affirm on appeal to my Lord keeper Mr Vernon say it have be  several time hold that where a man marry a woman without stipulate for any  particular fortune or make any settlement if after the death of the wife debt  of her appear the husband not be a purchaser in such case shall be answerable  for the debt of the wife in equity so far as he have any money or other  personal estate of she
case Powell versus Powell a decree against tenant in tail who have agree to  sell his estate he stand out all process of contempt for not obey it yet his  issue not bind by it in this case be cite a case where tenant in tail contract  for sale of his land and receive part of the consideration money and upon his  not make precedent in chancery good the sale by fine or common recovery a bill  be bring in equity to compel he thereto and a decree pronounce accord he  notwithstanding stand out all process against he to a contempt and then die  before the sale be perfect and after his death a bill be bring against his  issue in tail to revive the decree against he but be dismiss for though the  tenant in tail have power by the fine or recovery to have bar his issue yet  since he do not make use of that power his issue can not be bind by any other  act of his precedent in chancery er p precedent in chancery de boundary  paschae in curian porter
case powell who tam against week debt lie for the penalty on car c though the  party have suffer the six month imprisonment SC Jones SC skin debt for forty  pound on the five mile Act car c S against the parson for come within a  corporation c it be adjudge upon debate that the action lie for the penalty  though the party have suffer six month imprisonment accord to the tenor of the  Act then it be say quod cum he have be a preacher c which be a matter  traversable and therefore not sufficient aver say non allocatur then another  exception take do hold good videlicet no place be lie where he come but  general ad community de Bristol whereas the penalty be part thereof give to  the parish where c and therefore it be necessary to allege a parish where and  upon this there be judgement for the defendant note that general we never lie  the venue in a parish unless in London for a parish may extend into diverse  will c
case prat against Dixon a erroneous plaint in a inferior court be not aid by  Elizabeth c post cro car side hob style roll Rep Bac ab dougl to Rep peer will  salk b r h Com dig error of a judgement in Norwich the error assign be because  in a action of debt the record be attachiatus be where it ought to have be  summon be for that ought to be as a original and for want thereof it be error  a and it be move that in regard the defendant have appear and plead to the  issue and verdict and judgement be give it be not now assignable for error for  it be but want of a original which be help after verdict by the statute of  Elizabeth c a say vide Geo c croak James er p but Popham and William be there  only hold that it be not aid by the statute for that be intend of the want of  original writ which be sue out of the chancery returnable in the common plea  or king bench and the want of such a original be aid but it extend not to  process which be in nature of a croak throw original writ and therefore it  have be rule that the want of bill upon the file in the king bench which be in  nature of a original writ be not aid a so the want of a bill in the exchequer  which be there in nature of a original writ so the want of this summons which  ought to have be be not help and it be say that it have be diverse time so  resolve wherefore for this cause the judgement be reverse
case prat against stern Hilary term James roll a nuisance be presentable at a  court leet but the presentment must conclude to the common nuisance of all the  king S liege subject and if a amerciament be affix the lord may distrain of  common right say queen if a new dovecote be a nuisance post     cro Elizabeth  Com dig Mod salk ld raym Bac ab Bac ab hawk p c and the case there cite  replevin upon demurrer the ease be that a freeholder erect a dovecote upon his  freehold where there be not any before and store it with pigeon this be  present at the leet and a pain assess to move it by such a time and for croak  James er p not amoving it he be amerce and for the amercement a distress take  by the lord of the leet the question be whether this distress be well take  first whether the erect of a dovecote by a freeholder and store it with dove  be a nuisance and offence against law second whether the lord may distrain  without special custom for a pain or amercement in a leet coke chief justice  hold that it be a common nuisance and enquirable in a leet but the other  justice seem to doubt thereof but for the second point they all resolve that  he may distrain or have his action of debt for such a pain or amercement but  as to the matter they will not speak because the presentment be not good for  that it be present that he erect a dovecote and store it with pigeon but he do  not say in the presentment that it be ad nocumentum legiorum domini king which  ought to be in every presentment and although the party have here aver that it  be ad common nocumentum yet that be not sufficient for it ought to be in the  presentment which be the charge and this fault be hold incurable wherefore it  be adjudge for the plaintiff
case prat and wife against tailor a promise make to a wife be good ab  beginning if the husband agree to it and his bring the action in which she may  join be evidence of his agreement cro James side style Carth Mod salk stram  assumpsit that whereas the wife of the plaintiff in consideration that the  defendant shall marry her daughter have give to he ten pound he promise to the  wife that if he do not marry her daughter he will repay the ten pound and he  do not marry her c upon non assumpsit plead and find for the plaintiff it be  allege in arrest of judgement that the delivery of the money by the feme be  void and then the promise make to her be also void and although the baron  agree afterward to the delivery and promise as it appear by his bring the  action yet this can make the promise which be void to be good for there be no  consideration at the time of the promise another matter be move that the baron  and feme do join in the action where it ought to be bring by the baron only  for it be void to the feme be during coverture and it be as a promise make to  the baron only but it be adjudge that the action be well bring for the  agreement of the baron make the promise good ab beginning to the husband and  it be make to the wife they may join in the action Anonymous croak Elizeheth  er report date croak Elizabeth case anonymous word take in mild sensum action  for these word thou have sit upon the pillory but say not in what manner  Harris move that the word be not actionable and so it be the opinion of the  justice who say he may well demurrer upon they
case pratt against stock a person may he commissary to a bishop though he be  not a doctor of law Jones pop cro car see car c if administration he grant to  one and after to another the first be not void but voidable only Pb t Peer  will Cowp cro James ante assumpsit by a administrator and count of a  administration grant to he by though tailor bachelor of law commissary to the  bishop of London the defend t plead the Henry c intend that none by that  statute can he a commissary but a doctor of law also that since the last  continuance which be from quindena Martini to die Luncepost oct Hillarii the  bishop of London grant administration to he by his letter hear date January  upon this it be demurrer two point be move first if a bachelor of law may he a  commissary since the Henry c second if administration he commit pendent billa  if the will abate but as to that it be hold clear that the plea be mispleaded  for this be plead after the darrein continuance where it appear to he after  his plea plead but the court hold for the plaintiff Popham justice say that  administration and probate of will be by the commonlaw which any may do and  the Henry c be in the affirmative that doctor of the civil law may he  commissary though they be marry but it be not restrictive that no other may he  commissary and therefore take not away the liberty at commonlaw and if a  bachelor at law can be a commissary yet act do by he be not void till they be  avoid by sentence as if a layman he present institute and induct this be not  void and to the second they hold that if letter of administration he grant to  one and after be grant to another by this the first be not avoid except by  judicial sentence but by the mispleading this come not in question and the  plaintiff have judgement
case precedent and college OF physician in debt on Henry c for practice physic  without licence the print statute book be evidence of the charter of the  college debt on the statute Henry c for five pound a month for administer  physic within London not be of the college c upon nil debet trial at guildhall  a lev keb b keb side a car a see the case of Francis v Nash case tempt hard  and armstead v Philpot dougl shower KB er p chief justice allow the print  statute book as evidence of their charter and statute without any  exemplification or swear copy of either and say he will intend they right  unless they show a variance between that and the original in parliament second  it be except that a copy of the statute be produce by the defendant and swear  to be a true copy take out of the roll chapel and there be no Le king veut in  it and it be allege that cardinal Wolsey have receive a great sum of money to  foist it in among other but my Lord disallow the exception say there be  several form of statute in age pass and that as this have be allow a Act of  parliament so often and in so many case he will not dispute it now three they  take exception that the precedent only shall bring the action a but Pemberton  chief justice say that have be overrule frequent fourthly it be urge that the  practice be in Westminster and the action lie in London and by the statute  James c which lie popular action in their proper county it be say that if it  appear upon the evidence to be commit in another county than where bring the  defendant shall be find not guilty a question be then first make whether this  action of debt be within this statute b as to the last point a special verdict  be find a question be also make if that the offence be commit above one year  before the action bring c
case PREDYMAN against WODRY the lease of a manor or the custody of land  forfeit to the crown by attainder of treason may be grant under the exchequer  seal post roll ab   and cro car fitzg dougl if a lease forfeit to the crown be  grant over the assignee of the grant need not in plead show the original lease  ante post cro car   trespass upon demurrer a question be make whether a lease  of a manor be forfeit to the queen by attainder of treason may be grant under  the exchequer seal Popham chief justice if any manor or land of whatsoever  value come to the king by attainder or otherwise the custody thereof may be  grant over under the exchequer seal by the authority of the Lord treasurer and  chancellor there without special warrant for it be but a dispose of the profit  because the king himself can manure it and it be always revocable si quis plus  dare volveri so a lease for year of another land which come to the king by  attainder be but a chattel in he and vendible for his best profit and  therefore be grantable under the exchequer seal for it be as a sale wherefore  the grant be good and to that opinion the other justice agree second it be  hold that he who entitle himself to this lease by assignment a see cro car  contra and hob croak James er p under this grant need not show the original  lease in plead although it be by deed because it may have be make without deed  and for that the king come to it in the croak throw post and by intendment can  have it and it be say if a lease for year be make to a corporation who can  take without deed and they grant it over the grantee may entitle himself  thereto without show the deed because the lease of the thing in its nature may  have pass without deed although the person who take it can not take it without  deed also his possession be some privilege for his title
case Prescot against Anonymous croak if a bind bear date first may condition  to pay money on the fifteen day of may next ensue this shall have relation to  the day and not to the month post roll ab roll ab say vide Bac ab where it be  say to have be adjudge in the case of kettle v Jones b r Hilary term Geo that  a bind date may with condition to pay a certain sum on the may next follow  shall have relation to the month and not to the day sheep touch Com dig debt  upon a obligation with a condition to pay one hundred and forty pound the  fifteen day of may next ensue the date of the bind be the first of may the  question be whether it shall have relation to the month of may next follow and  so a year after or to the same month wherein the bind be make croak throw the  court be of opinion that it shall be refer to the that day of the same month  be a fortnight after the date and not to may in the year follow wherefore it  be adjudge for the plaintiff this matter be move in arrest of judgement  videlicet that the action be bring before the obligation forfeit it be hold  that next follow shall refer to the day and not to the month and on a writ of  error be bring the party compound
case PRESGRAVE vers in b r special bail need not be give in a information or  action who tam on a penal statute Com dig Str Richard bring king b Crompt  bring Yelv Mod Bac Abr pale yellow hist c p Tidds bring in a information or  action upon a penal statute bring by a person who tam c the defendant need not  find special bail if it be not upon the statute of W cap sec for a offence in  the exportation of wool and then not only the penalty but the cause of action  ought to appear in the writ and the defendant ought not to be arrest upon a  general latitat with a ac etian billae c
case PRESGROVE again l sander Michaelmas term whether roll in replevin  property in a stranger may be plead in bar or in abatement S c salk S c holt S  c ld ray replevin for several thing as to some the defendant plead property in  himself and to other property in a stranger in bar it be object that property  in a stranger can not be plead ill bar vent lev a but holt chief justice say  that he remember to have hear hale make the difference that if property be  plead in the defendant it may be either plead in bar or in abatement but if in  stranger only in abatement but that upon great deliberation it have be hold  since that there be no difference at all for both may be plead in bar accord  to the case of Sackild v Sheton cro James b and judgement be give that the  plaintiff nil to take in hand per billam and a return be award per curian
case preston against pinner word actionable ante action for these word you  have seek to murder I and I can prove it  Adjudged that it lie
case preston ux versus WASEY ux Eq Abr c S c pale yellow Ch post feme covert  heir at law and her husband be draw in to enter into article for supply the  defect of a surrender of copyhold land to the use of a will whereby they be  devise to the plaintiff the plaintiff not allow to carry these article into  execution in respect of the fraud and against a feme covert heir at law one  word have by will devise inter all several land to his wife part of which be  copyhold and be surrender to the use of his will and other be not surrender  the wife be executrix and intermarry with the plaintiff Preston and they for a  small consideration get the defendant Wasey and his wife who be heir at law to  word the testator to enter into article for the convey of these land and make  good the will of word and afterward on pretence of some mistake in the first  article they be prevail on to enter into new article to the same purpose there  be some consideration for their enter into the article but it appear they be  not well apprise of their interest when they do and there be some art use to  bring they to it and this bill be bring to have a specific performance but the  master of the roll will not decree the article of a feme covert for convey her  inheritance to be specifical perform but dismiss the bill and leave they to  their remedy at law as they shall be advice precedent in chancery and on  appeal my Lord keeper affirm the decree but go upon the fraud and do not seem  to take notice of its be the inheritance of a feme covert c
case Prettyman versus Prettyman februar Eq can ab pl S c a decree of  dismission may be plead in bar to a new bill though it be not sign and enrol a  former decree of dismission be plead in bar it be object that the dismission  and decree can not be plead in bar because the decree be not sign and enrol  and if the defendant will have it that it be a suit still in be then the plea  be a plea in abatement only vide Bacon law tract p to per cur either that suit  be for the same matter as the present or not if not Vernon chancery case er p  you ought to have move to have have the plea refer but if it be then that suit  be either depend or determine and either way be pleadable The plea be of a  suit and dismission in the exchequer for the same matter and allow with mark  cost and the order run that after payment of the cost it shall be refer to the  master to examine and certify whether the plaintiff bill which be dismiss in  the exchequer and his bill in this court be for one and the same matter in  substance or not Reg lib b fol say vide contra Kinsey v Kinsey ves anon atk so  a decree and dismission in the court of exchequer as in the principal case  overrule by the advice of the judge and the defendant order to answer bring  Alm cite Wyatt prac Reg but though such decree can be plead direct in bar it  may be to show that the bill be exhibit contrary to the usual course of the  court and it may be insist upon by way of answer with liberty to except Kinsey  v Kinsey ub sup Mitf Tr as to plea of suit depend urlin v Hudson post
case price against JENKINGS slander speak in a language not understand by  those who hear it be not actionable ante roll Abr hob action for word and  declare that the defendant speak these word in Welsh recite they particular  signify hcec England verbal thou have murder your wife after verdict and  judgement for the plaintiff error be bring and assign in hoc that it be not  aver that the word be speak in the company of welshmen or of such who  understand the Welsh tongue but it be allege that they be speak in present  time et hearing quamplurimorum to put under domince regince and the action be  bring in the county of Monmouth which be once parcel of Wales but be now a  English county and all the justice and baron hold that for this cause it be  erroneous for it shall not he intend that any there understand the say tongue  unless it have be show and then it be not any slander no more than if one  speak slanderous word in French or Italian a action lie not unless it he aver  that some there present understand those language as it be hold in the case of  John v daux a but because the damage be find to and if the plaintiff shall  begin de to make new he may not have peradventure so great damage they move he  to accept of l and to make a ead without further proceed and so it be do and  no judgement enter a see car c a ante croak Elizabeth er p
case price against PACKHURST and other Hilary term car roll in debt on bind by  six executor three of who be summon and sever on verdict for the plaintiff the  three who prosecute may sign judgement without name the other roll ab dyer go  off ex error of a judgement in the common plea whereas a action of debt be  bring by six executor name in the writ croak car and after three of they be  summon and sever the three other bring debt upon a obligation make to the  testator the defendant plead non be factum and find against he and judgement  for the plaintiff Germin now assign for error that there be not any mention  therein of those which sever for they be always executor ought to be name in  the judgement and it be command that they shall search the precedent in the  common plea to see what the course be there whether upon summons and severance  judgement only shall be for those which prosecute and it be certify by the  three prothonotaries that the course be so and the court absent Brampston be  of opinion that it be a good course and no cause of error for the executor who  be sever peradventure never prove the testament and it may be never will prove  it or administer therefore when they be name in the writ and will not join it  be reason judgement shall be only for those who prosecute without name those  who be sever whereupon rule be give that judgement shall be affirm unless c
case price against williams if the grantee of a annuity die before the money  hecomes due the payment be discharge   b lev Douggl Cowp term Rep Peer will  debt as executor to lady price upon a obligation the condition be for the  payment annual of forty pound during the life of the lady at the Feast of  saint Michael and the annunciation or within thirty day after every of the say  feast the lady die within the thirty day whether this shall discharge the  payment due at the say feast before her death?And the court hold that it do a
case price case a indictment do not lie on Elizabeth c against a witness for  the crown for perjury on a ex duty information in the exchequer post Inst   a  Noy cro Elizabeth Yelv burr Bac ab Bac Abr see hawk p c observation on this  case price be indict upon the statute of Elizabeth c of perjury because he be  produce as a witness for the king upon a trial in a information and swear c  show the oath and the falsity therein exception be take that a witness who be  produce depose for the king can be punish by way of indictment which be the  suit of the king mere for he can punish his own witness who swear for he and  it be say to be so resolve in the starchamber that a bill there lie not  against he upon that statute and the whole court be of opinion that such a  witness be not punishable by way of indictment whereupon he be discharge
case price case the exchequer Chamber can admit to bail and quere if it can  examine error in fact cro James error of a judgement in the queen bench the  error assign be because one of the party be dead before the judgement and it  be move whether they have authority to examine such error and it be hold by  all the judge and baron that they have and if it be deny it shall he try by a  jury in the exchequer Chamber and it be move that the party be in execution  may he bail but it be hold that they have not any authority to do it for the  have authority only ad to weigh wandering a but see James c W m c car c impey  Cromp and I Bac Abr in notorious facts a see cro James Hobart lev vent Mod  that it can croak Elizabeth er p
case price versus KEYTE eoden die Eq can ab h pl S c ante case in a bill of  review you may add a new supplemental bill Sed qure without special leave of  the court anon p wms Mellish v William post and if any person not a party to  the original suit become interest in the subject he must be make a party to  the bill of review by way of supplement sand v thorowgood and other hard say  notam that be a bill file against trustee and a decree against plaintiff for  payment of money which be pay then some of the trustee be displace and other  new one put in and then a bill of review by plaintiff in the original suit  against the trustee that have the decree to which bill of review the new  trustee be not make party and on demurrer for that cause the court seem to  doubt but at last it be agree that the new trustee shall be make party without  prejudice et vide Bacon tract Mitf Tr p
case price versus price eoden die cro Elizabeth plea overrule because the  fraud allege in the bill be deny in the plea and not by way of answer to the  plaintiff bill the defendant plead he be a purchaser good fide for a valuable  consideration but there be several badge of fraud allege in the bill though  the defendant in his plea have deny they yet because he have not deny they by  way of answer that so the plaintiff may be at liberty to except the plea be  overrule vide Bailey v Adam Ves Vernon chancery case see prefatory note Vernon  chancery case de term S michaelis car two in curian porter
case Prichard against Hawkins in slander say that a murder b s child modus  defunct it must be aver that the child be dead at the time of speak post Com  dig action for these word Prichard who serve mrs Shelley and aver that he  serve mrs Shelley at the same time have murder Adam child Elizabeth Adam son  John Adam modus defunct innuendo after judgement for the plaintiff in the king  bench error be thereof bring the error assign because as the declaration be  there be not any certain or sufficient charge against the defendant for the  word be modus defunct extend only to the time of the action and not to the  time of the word speak wherefore no ground of action and all the judge and  baron be of that opinion whereupon it be reverse and a precedent show that for  such cause in baldero v case it be adjudge in the king bench that a action lie  not a repeal by Geo c see hawk p c a vide Mr Morgan vade I vol I croak James  er p croak throw hilary term James in the king bench sir Thomas Fleming Knt  chief justice sir Edward Fenner Knt sir Christopher Yelverton Knt sir David  William Knt sir John croak Knt justice sir Henry Hobart Knt attorney general  sir Francis Bacon Knt solicitor general
case Prideaux against Rawlins a declaration on a promise in consideration the  plaintiff will discharge a three person be good without show how the discharge  be give SC Jones error upon a judgement in case upon a promise which be to pay  the plaintiff ten pound if he will discharge I S of such a process and allege  in his declaration that he do discharge he but show not how whether by release  or otherwise exception to the declaration be now take in this matter in the  writ of error for the plaintiff in the writ of error be urge the case of  leveret v Renit cro James in the like case the declaration be hold shower KB  ill because the consideration be not allege to be well perform not show how  but on the other side be allege the case of Langden v Stokes a which be a late  authority and direct the contrary and therefore the court here in the  principal case hold it to be well enough especial be after verdict perhaps it  will have be otherwise upon a demurrer to the declaration say also that in  former time they be more nice and curious in action of the case than of late  day wherein they have grow so common and the judgement be affirm
case PRIDGEONS case the session may make a original order of bastardy as well  as receive a appeal from the order of two justice and in both case their  adjudication be final post S C Bulst SC Jones ld raym stram b r h Com dig Bac  ab dougl and see Mr Consts edition of bott poor law vol I page to Pridgeon be  bring to the bar upon a habeas corpus and it appear upon the return thereof  that he at Lincoln upon complaint to two justice of the peace next adjoin be  order to keep a bastard child he be accord to the say order the repute father  from this order he appeal to the next quarter session of the peace at which  session the matter be examine he be discharge and the former order repeal  afterward at another quarter session of the peace the matter be reexamined it  be order accord to the first order that he shall be account the repute father  of the bastard and shall keep it and that if he do not perform it he shall be  apprehend and commit and thereupon be apprehend and commit and all this matter  return the court hold that he be discharge at the next session to which he  appeal accord to the statute of Elizabeth c the second session have no power  to alter it and because none be there to maintain this return he be bail and  day give that if other matter be not show c he shall be discharge a see also  car c S and Geo c
case prime against mason a to know facias make returnable on Sunday be void to  know facias demurrer to the first writ because it be returnable die moon in  tres soldiers saint Trin per curian it be a void writ for there be no such day  it be on a Sunday and so it be not a miscontinuance to be help by the statute  of Jeofails a Henry c and Ann c king v miden stram launder v Cripps stram a  and it be a void writ the court ex duty ought to take notice of it without be  plead in bar and ought to quash it and so there be no writ in be b rod v Evans  keb morris v Fletcher cro car Courtney v Phillips lev gauge case   Harvey v  broad Mod S c salk Davy v slater Mod king v Gumley stram S c bar king b S c ld  ray Whitmore v Wheeler show Cornwallis v Hoyle fort Campbell v Cummings burr  swan v broom burr Bl Rep Leveridge v Plaistow h Bl Rep b
case prince against allington false imprisonment will lie against a sheriff  officer for arrest a defendant on a can sa after imply notice of a sum  persedeas ante more salk Mod Cowp dougl false imprisonment for imprison he  that June and detain he in prison for eight eeq day c upon demurrer the case  be one recover in debt and have a capias ad to give satisfaction deliver to  the sheriff who make a warrant to his bailiff to do execution afterward a  su seised as be award and deliver to the sheriff the defendant be his bailiff  not have notice of that supersedeas upon that June arrest the plaintiff by  virtue of the say capias ad to give satisfaction who afterward escape and upon  the that June the defendant retake he and detain he in execution and whether  this second imprisonment be lawful or not be the question and all the court  hold that it be not for although the first imprisonment be legal he have be  take by virtue of a warrant make by the sheriff before the supersedeas award  and deliver he not have notice of that supersedeas be therefore excusable and  the law will not punish he yet the second arrest and detainment in prison  afterward be a wrong and not excusable for he be the sheriff servant and by  intendment have time sufficient give he to have notice from his master ought  at his peril to take notice thereof and therefore his act afterward be not  excusable whereupon all this matter be disclose by plead it be adjudge for the  plaintiff vide Henry fol ultimo Grathams case Henry pl a outlawry after a  supersedeas award be void Henry pl
case prince against melt where damage be give for what be impossible it be ill  S c Carth S c comb S c salk S c ld ray S c holt action on the case wherein the  plaintiff declare that on the second of July in the six year of William the  three he be possess of a meadow next adjoin to a river and to another close  contiguous to the say river which river time out of mind run through his  meadow to a ancient mill of the defendant without any overflow that the  defendant on the three of August in the six year of William the three extend  and enlarge the foundation of his mill further into the river whereby be so  obstruct the river and exalt the water that it overflow and drown the  plaintiff meadow per quod be lose the use and profit thereof from the  aforesaid second day of July to the time of exhibit the bill not guilty plead  and verdict for the plaintiff it be move in arrest of judgement that entire  damage be give to the plaintiff and from the second of July to the three of  August he have no damage at all by his own show and it shall not be intend  that the damage give by the jury be only for the time after the three of  August for the damage shall be understand to modern report er p be give not  accord to law but accord to the allegation of the plaintiff who lie his damage  as resolve in the case of Harbin v green a and first all the court except  Rokeby justice seem to think it well enough for it may be the plaintiff lie up  his meadow for grass from the second of July but afterward judgement be arrest  for though he may lose the profit from that time be notwithstanding can not  lose the use if he have not say use modern report they may have give judgement  for he this case be the very same with the case of Harbin v green the  judgement be arrest
case prince against Rowson executor of Atkinson executor de son tort can  retain for his own debt executor de son tort can retain the defendant in this  case plead that the testator owe his wife dugn sola eight hundred pound and  that be make his will but do not show that he be thereby make executor and  therefore have no title be become executor de son tort for which cause his  plea be hold ill and judgement be give for the plaintiff b see Elizabeth c b
case PRINSORS case a arrest can be make on a Sunday upon process for good  behaviour ante   b raym Mod salk Mod Bac ab term Rep term Rep a officer be  justify under process of the session although it be irregular issue Edward  Prinsor constable of Offenham be bring into court upon a attachment of  contempt where it appear by his examination that he have arrest one Anthony  haslewood Esq in the church yard upon a Sunday as he come from divine service  by a process for the good behaviour a out of the session when the say Anthony  haslewood show he that he have a certiorari out of this court but he pretend  that he can not read arrest and detain he until he go to another house and  procure it to be read to the say Prinsor who then discharge he and for this  contempt because he be arrest upon a Sunday immediate after divine service  whereas he may have arrest he upon any day of the week the say Prinsor be fine  twenty shilling and for arrest and detain he after the writ of certiorari show  his ignorance not excuse he he be order to be bind with surety to the good  behaviour but the fine and imprisonment be discharge because the arrest be by  process of the session of peace although the court declare it be not well  award accord to the statute of James c
case Pritchard versus LANGHER die Nov in court lord commissioner Eq can ab pl  S c payment of money to a trustee with notice of the trust be a mispayment  though the trustee have judgement and execution against the person that pay  the money mrs Katherine William lend her brotherinlaw the defendant Langher  one hundred pound and take a bind for it in the name of one Morgan Jenkins mrs  William and the defendant differ about some Vernon chancery case reckon that  be between they the bind be put in suit by mrs William in the name of Morgan  Jenkins the trustee and to avoid charge the defendant confess a judgement in  the grand session in Wales the defendant to prevent be take in execution pay  the money to Morgan Jenkins the trustee who give a warrant of attorney to one  John deer to acknowledge satisfaction on the judgement which be do accord the  bill be to compel the defendant to pay the money again to the plaintiff the  administrator of Catharine William and decree accord with full cost the court  declare it to be a fraud in the defendant who know the money be mrs williams  to pay it to her trustee and the principal evidence of the fraud be that there  be a new attorney make or name to acknowledge satisfaction on the judgement  and not the attorney on record who be employ by mrs William and although in  this case it be insist that it be hard to decree a double payment in equity  where the money be real pay to the person that mrs William entrust and by law  be entitle to receive it and the rather for that in this case mrs William live  in London so that the defendant who live in Wales can not have recourse to her  and have no other way to avoid be take in execution say non allocatur Reg lib  b fol it appear that the defendant have tender the pound to though plaintiff  on condition of receive a general release which the plaintiff refuse to give  there be a further sum due from the defendant vide Robert v matthews ante vol
case proctor against johnson east term Elizabeth roll the word grant do not  imply a express warranty debt upon a obligation condition for performance of  the article covenant and agreement comprise in such a indenture the indenture  recite that whereas the archbishop of York have demise by indenture to the  defendant and to one Windsor such land and a mill for year and that Windsor  die wherqby he have all by the survivorship that he grant bargain and alien  the say land and mill et totum law et iilulum suit in jprcemissis to the  plaintiff to have and to hold during the year the breach assign be that  Windsor in his lifetime have grant his estate to a stranger who after this  grant enter and evict the plaintiff out of a moiety and it be thereupon  demurrer the question be whether this word graLt imply a express warranty  against this title without any other express word of warranty?Walmsley and  Kingsmil hold that it do not Warherton contra Anderson absentee Adjournatur
case proctor against johnson Hilary term James roll in what manner distinct  covenant relate to the same matter shall be expound ante Yelv lev cro  Elizabeth lev   Mod sheep touch term Rep c b error of a judgement in the  common plea where the case be thus two jointtenants for year of a mill the one  grant all his estate and die the other recite the lease and death of his  companion and that he have all by survivorship as he conceive grant molendinum  prediction to the plaintiff and all his estate therein and covenant that he  shall quiet enjoy it without any act by he c and he be oblige for the  performance of the covenant article and agreement in the say indenture debt be  bring upon this obligation and the breach assign be that the other have grant  the moiety so that he can not croak throw enjoy the whole mill and hereupon it  be demurrer and adjudge for the then plaintiff error bring and assign in  matter of law for although the word grant imply a general warranty yet the  last clause of the covenant be that he shall quiet enjoy it without any act by  he c expound the first but all the court upon the first motion conceive that  the breach be well assign for he recite that he have the whole estate and  grant molendinum prediction it must be understand and intend to be the entire  mill which be the grant and agreement to which the obligation refer and the  last clause can qualify it but it be adjourn a
case proctor against tailor outlawry reverse error to reverse a outlawry which  be sue against he for cost the first error that ten shilling be award to the  defendant upon nonsuit pro financial loss nest whereas it shall be pro misis  et custagiis nest and this be hold to be error second error that the sheriff  do not return the day when one of the county be hold as he ought for it ought  to appear to the court when every county be hold that it may appear there be  so many day between every county court as be appoint by the statute a and for  these cause the judgement be reverse
case proctor all versus cowper June Eq can ab pl pre Ch S c mortgagor admit to  redeem a mortgage make in after three descent on the defendant part and four  of the plaintiff part length of time answer by infancy and coverture and a  account make up by the mortgagee in the bill be to redeem a mortgage make in  the mortgagee enter in three descent on the defendant part and four on the  part of the plaintiff yet the length of time be answer for the great part by  infancy or coverture vent S p but if the time begin upon the ancestor it shall  run on against the infant as in the case of a fine at commonlaw saint John v  turner post and forasmuch as in a bill be bring by the mortgagee to foreclose  and a account then make up by the mortgagee the court decree a redemption and  a account from the foot of the account in and the master in take the account  be to allow interest at the rate of pound per cent per and that be the rate of  interest at the time of the mortgage till the ordinance of parliament and then  interest at the rate of pound per cent per and from that time on this head  vide walker v Penry ante p S c Reg lib b fol vide cook v arnham p wms note b  Orde v Heming ante Vol Frazer all v more bunb Rep
case proud against haw word not actionable cro car hob Bac Abr action for word  that the plaintiff be a common barretor after verdict it be allege in arrest  of judgement by Egerton solicitor that the word be not actionable and so it  seem to the court and the judgement be stay
case proud against piper on a libel for a mortuary if the defendant suggest no  custom the court will grant a prohibition S c comb S c Carth   Mod Com dig  stram dougl term Rep h Bl Rep there be a libel bring in the spiritual court  for a mortuary the defendant suggest that by the statute of Henry c see Geo c  and Bl Com a no mortuary ought to be pay but in such place where it have be  usual pay before the make of that statute and that there be no custom in this  place to pay a mortuary and it be thereupon move for a prohibition for  mortuaries be not due by law but by particular custom of place white case cro  Elizabeth hind v Chester cro car see also Selden on tithe Inst b it be true a  prohibition be deny in the case of mark v Gilbert side a but it be because it  be admit that there a mortuary be due by custom but they differ in the person  to who it ought to be pay curian prohibition have be grant and deny upon such  suggestion therefore the defendant be order to take a declaration in a  prohibition as to the mortuary and to try the custom at law
case proud versus turner Lord chancellor king Eq can ab pl a father advance  one of his child in part and the child die leave issue then the father die  intestate the issue of the dead child claim a distributive share shall bring  into hotchpot what their father have receive a father have several child and  in his lifetime advance in part one of they the child thus advance in part die  in his father lifetime leave issue afterward the father die intestate possess  of a considerable personal estate the issue of the dead child must bring into  hotchpot what their father receive in part of advancement as be if live must  have do in regard the issue stand in the place and stead of the father claim  under he and can be in a better condition than their father if live will have  be and have claim his distributive share admit by Mr solicitor Talbot of  counsel for the child of the decease child
case prouses case a attorney can be oblige to serve the office of titbingman  and a custom that all householder shall serve the office of constable or  tithingman by turn accord to the situation of their house be bad post Noy  march keb roll ab lie side Bl Rep Bl Rep strange burr dougl term Rep hawk p c  prouse a attorney of the king bench be elect tithingman of Taunton in which  town a custom be pretend to be that every one shall be a constable or a  tithingman accord to their several house and he have purchase two house in the  same town be in a leet there hold elect tithingman and thereupon he bring a  writ of privilege to be discharge because he be to be attendant in this court  but the justice of peace will not allow thereof but desire the justice of  assize to direct whether it shall be allow who will not meddle therewith but  order it shall be move in this court Maynard thereupon now move that this writ  be not to be allow for although in truth attorney and clerk of the court have  such a privilege to be discharge when they be general elect because their  attendance be require here they shall not be compel to attend such a office  yet when there be a special custom that they shall be elect in course accord  to the situation of their house that custom ought to prevail against such  privilege for otherwise one attorney may purchase many of the house in the  town and then there shall not be sufficient person to do the service as in  truth in this case he have purchase seven house in the say will wherefore be  ought to be charge but all the court hold that it can be a good custom for  then a woman be a inhabitant three one of the say house it may come to her  course to be constable which the law will not permit so this custom pretend  can bold place against a person who be by his office to be attendant here  whereupon it be orderedthat he shall be discharge
case provost bailiff c of Edinburgh against aubery legacy to be apply to  charity in Edinburgh court of equity in England will not order the  distribution of it lib Reg b foe b devise of pound south sea annuity to the  plaintiff to be apply to the maintenance of poor labourer reside in Edinburgh  and town adjacent Lord Hardwicke chancellor be of opinion he can not give any  direction as to the distribution of the money that belong to another  jurisdiction that be to some of the court in Scotland and therefore direct  that the annuity shall be transfer to such person as the plaintiff shall  appoint to be apply to the trust in the will the testator declare it to be his  intention that it shall be lawful for the say Lord provost c to sell the say  annuity and invest the same in the purchase of any other public stock or in  the purchase of land and tenement in feesimple the produce and income to be  apply in the same way as before direct with respect to the say annuity the  decree declare that the trust ought to be carry into execution and establish  except as to any power or liberty thereby give to lie out the produce of the  say annuity in land in England and order the same accord and that the say  stock be transfer to such person or person as the say provost c shall appoint  and the say annuity and the dividend thereof to be subject to the trust and  charitable use direct by the say testator and the say provost c and their  successor be to apply and dispose of the same accord see attorneygeneral v  Lepine Swanst Minet v Vulliamy Russell in note Emery v hill ib and Martin v  Paxton cite there p
case prowse against carry word charge another with subornation of perjury be  actionable post I Mod roll Rep cro James Yelv salk action for word thou baste  procure false witness to swear in such a action upon not guilty it be find for  the plaintiff Glanville move in arrest of judgement that the word be not  actionable for it be not allege that he suborn or procure they to swear false  or that he know the will swear false curian contra for when it be say he  procure false witness it be intend in evil croak Elizabeth er p parten that he  procure they to swear for he which will swear false but if the word have be  you bring in false witness action do not lie for they
case pugh versus smith July a child of a freeman must abide by the will in  toto or by the custom into where a freeman of London make a will a child of  such freeman must elect to take by the custom or by the will and can claim  part by one and part from under the other and there be no instance to the  contrary for the rule be you must abide by the will in toto or by the custom  in toto morris v Burroughs ante vol post SC car v car post by if the father  only dispose of his testamentary part case above
case pullen against Benson Trinity term will roll plead on a sheriff bind S c  salk S c holt S c ld ray S c ray Ent debt on a sheriff bind for appearance on  the twenty of November in the nine year of William the three condition that  William Benson shall appear in the king bench die moon prox post quinden  Martini mich the ninth will the defendant plead the statute of Henry and that  the bind be deliver by he on the thirty of November in the nine year of  William the three and that William Benson at the time of the delivery and make  of the bind be take a but the authority of this case be deny for it be a  general rule that every intendment shall be make in support of a order of  justice and therefore if a appeal be make from a order of bastardy to a  general quartersession the court of king bench will not intend that a general  session intervene between the make of the order and the appeal king v  Chichester term Rep a see Com dig abatement h Com dig action king l modern  report er p and arrest by the plaintiff be sheriff of Yorkshire by a writ  returnable in the king bench in Michaelmas term last pass that be so in his  custody he take the say bind from he et hoc a preparation be verify whereupon  the plaintiff demurrer and show for cause that the plea be modern report  double and want a traverse and the whole court hold the plea to be ill because  when he plead the bind to be primo deliberate the thirty of November he shall  have traverse without hoc that he deliver the twenty of November accord to the  case of green v Eden a for here the date be material for suppose the arrest be  before the return of the writ and after the return of the writ he take a  antedate bind this bind be void and therefore the date be material and ought  to be traverse and by holt chief justice the date of the bind be one thing and  the bear date another the date of the bind be the delivery of it wherefore the  plaintiff have judgement
case PURSAND against WHYTIER the uncertainty of a plea that a bind vMs deliver  sub cerlis creating be help by the statute detinue for a obligation of the  defendant plead that the obligor and obligee deliver it unto he sub that which  is fixed creating custodiend and he know not whether they he perform and pray  garnishment c the plaintiff traverse that it be not deliver sub that which is  fixed creating c and they be thereupon at issue and find for the plaintiff it  be move in arrest of judgement that the trial be ill for the issue sub that  which is fixed creating be uncertain as also because there be not garnishment  before the trial of the issue say non allocantur for as to the issue it be  help by the statute of Jeofails wherefore rule be give that judgement shall he  enter for the plaintiff
case Pursell against Pursell submission make a rule of court a suit be carry  in the delegate by appeal from the prerogative court but be afterward submit  to the determination of darnel and comens sergeant which submission be agree  to be make a rule of court in the easter term next follow but they stay till  the Hilary term after Raymond chief justice it be that the submission be make  a rule of court in easter term next not so as the submission c beside you have  consent to enlarge the time for make the award to Hilary term
case PURSELLS case outlawry in felon may be avoid by writ of error if the  capias have issue contrary to Henry c and if the indictment be take by justice  of gaol delivery it shall he quash he be indict of felony before the justice  of gaol delivery in the county of Somerset and outlaw upon it and bring error  because in the indictment he be suppose to he of London and the copy be award  to the sheriff of Somerset whereas by the statute Henry c it ought to be to  the sheriff of London in which he inhabit and for this cause the outlawry be  reverse a and exception be take to the indictment which be take and find  before the justice of gaol delivery who have not authority to take indictment  pnless they he justice of peace mar brook commission and for this cause the  indictment be also discharge b a confirm upon a writ of error to the exchequer  Chamber Videpost a   Plowd hawk Bac Abr b cro James hawk p c contra croak  Elizabeth er p
case pusey versus pusey see Dowling v Betjemann I h eoden die in court Lord  keeper land hold by the tenure of a horn bill bring by the heir for the horn  bill be that a horn which time out of mind have go along with the plaintiff  estate and be deliver to his ancestor in ancient time to hold their land by  may be deliver to he upon which horn be this inscription videlicet pecote this  horn to hold hue your land the defendant answer as to part and demurrer as to  other part and the demurrer be that the plaintiff do not by his bill pretend  to be entitle to this horn either as executor or devisee nor have he in his  bill charge it to be a heir loom the demurrer be overrule because the  defendant have not full answer all the particular charge in the bill and be  order to pay cost and the Lord keeper be of opinion that if the land be hold  by the tenure of a horn or cornage the heir will be well entitle to the horn  at law Reg lib b fol No mention of cost so a bill will lie for keep undefaced  and restore any subject of curiosity and antiquity decree on demurrer duke of  Somerset v Cookson p wms et vide fall v read Ves Lloyd v Loaring Ves Lowther v  Lowther Ves Macclesfield v Davis v b Vernon chancery case er p
case Pybus against Mitford see S C stomach e r with note if a covenant to  stand seize to the use of the heir of his body he shall be adjudge to take a  estate for his own life by implication S C post S C keb S C lev S C ray S C  vent S C Freem post   light   salk Eq ab fearne count Rem pale yellow Dev more  Cowp a man covenant to stand seize to the use of the heir of his body hale  chief justice the heir and the ancestor be correlative and as one thing in the  eye of the law and that be the reason why a man shall not make his right heir  a purchaser without put the whole feesimple out of himself if the father  estate turn to a estate for life there will be no question in the case of  Fenwick v modern er p Mitford a more a there do result a estate for life to  knit the limitation to the original estate here first we be in the case of a  estate tail and the judge use to go far in make such a limitation good then  second we be in the case of a use which be construe as favourable as may be to  comply with the intention of the party this case be not as if he shall have  covenant to stand seize to the use of the heir of the body of I d there the  covenantor will have have a feesimple in the mean time but the case be all one  as if the limitation have be to himself and the heir of his own body see the  earl of Bedford case b jenk   Anderson b Twisden justice we must make it good  if we can cur advisare vult
case PYMMOCK against hilder to ancient demesne the plaintiff may reply  copyhold parcel of a manor   a raze Ent show lev pale yellow ten ld ray salk  Com dig say vide burr ejectment the defendant plead that the land be ancient  demesne and pleadable by a writ of rightclose c the plaintiff show that they  be copyhold land parcel of the manor and entitle himself by lease under the  copyholder and traverse that they be impleadable by a writ of rightclose and  it be thereupon demurrer first because copyhold land parcel of a manor of  ancient demesne shall be pleadable there and not at the commonlaw second  because this traverse that they be impleadable be but the consequence of  ancient demesne and therefore not traversable say non allocatur for it be  resolve that copyhold land be as the demesne of the manor and be the lord  freehold and therefore not impleadable but in the lord court and that the  traverse be well enough take wherefore it be adjudge for the plaintiff
case PYSTER against HEMLING Trinity term James roll a copyhold be a particular  estate and in plead title its commencement must be show of which the  admittance of the last heir be sufficient evidence ante   b cro car cro  Elizabeth vent Com dig will will ld ray Com dig Bac Abr dougl ejectment upon  demurrer resolve that if one plead seize of a copyholder in fee and claim  under he he ought to show of who grant as he ought to show of any other  particular estate and although it be say it may be so ancient that it can be  show who be the first grantee yet it be hold sufficient to show the admittance  of the last heir which be in nature of a grant and may be plead by way of  grant and that although the demurrer be general yet it may be allege to the  court for exception
case Quadring against down and other wardship can be where there be no descent  Writ of right of ware the case be sir William Quadring be seize of land in fee  by deed and fine settle they upon his son William and his wife for their life  the remainder to the second son in tail with diverse remainder over the  grandfather die the father and mother die the old son die without issue and so  the land come to the second son the plaintiff entitle himself as guardian in  socage to the wardship both of the person and land of the infant who the  defendant detain Newdigate sergeant for the defendant demurrer because where  there be no descent there can be no wardship for the second son be in by  purchase and not by descent for here be no mention of the reversion in fee and  therefore it may be intend that it be convey away and beside if it shall be  intend to continue to sir William Quadring the grandfather after this  settlement yet it can be think to modern descend to the ware because it be not  say who be heir for though it be say that the father of the ware be son to sir  William yet it be not say son and heir the whole court be of that opinion in  both point for there must be a descent or erse there can be no wardship and it  do not appear that any descent be here because it be not say that the  reversion do descend nor who be heir to sir William which the plaintiff  perceive pray leave to amend and it be grant in this case it be say at the bar  that one may be a ware in socage though he be in by purchase for the guardian  be to have no profit but be only a curator to do all for the benefit of the  ware and so there need be no descent as be necessary in the case of a ware in  chivalry for that be in respect of the tenure the guardian be to have profit  north chief justice say be know where there be some doubt of the sufficiency  of the guardian in socage that the court of chancery make he give good  security
case Quarles against FAYRCHILD a prohibition shall not go against a suit for  induction if there he a doubt whether the church be donative or presentative    light keb Mod Bl Rep prohibition surmise that the church of Brian in Cornwall  be a donative and that king Henry the eight be seize in fee of the advowson  thereof and grant it to Charles Brandon from who he convey title unto himself  and that one Ainsworth pretend it to he presentative and that he be patron  present the say Fayrehild who sue in the court of arch to have induction and  cite W Forih who have it of the donation from the plaintiff who appear and  appeal to the delegate and die the plaintiff come in pro interest suoand plead  this title that he have this church as a donative and because his plea be  refuse he obtain a prohibition and now consultation be pray for it be move  that the plaintiff be not a actor there and the plea be determine and  therefore there ds not any cause for a prohibition Popbam hold that  consultation ought to be grant because the defendant claim nothing but  induction which can any way he prejudicial to the plaintiff for if it he a  donative the induction be to no purpose and if it he presentative the other  can have no remedy for the profit until induction nor try his right and  therefore no reason to prohibit it and although forth he dead the suit be not  determine as it be allege for it be make to the judge and he ex duty be to  bring in the party who pretend interest wherefore the court may well grant  consultation to proceed and so be the opinion of the whole court and  consultation be grant
case r c s case the king bench may award execution to be do by the marshal  upon a person attaint of felony who be bring into court by hab corp and the  record of conviction remove by certiorari ante side lev keb hale Poph cro  James foster strange burr hawk p c the same day r c be bring to the bar be  remove from saint Alban by habeas corpus and certiorari where he be a prisoner  and attaint for felony videlicet for horsestealing and it be now demand of he  what he can say why execution shall not be do upon the indictment and because  he can not show good cause to stay the execution he be commit to the marshal  who be command to do execution and the next day he be hang croak car er p
case radford against HARBYN colour in plead must be matter of law post  trespass for take and carry away a hundred load of wood the defendant justify  for that I S be possess of they ut de good not common with others and the  plaintiff claim they by colour of a deed of gift of they afterward make take  they and the defendant retake they it be thereupon demurrer because the colour  give to the plaintiff be a good title for the plaintiff and confess the  interest in he for colour ought to be such a thing which be good colour of  title and yet be not any title as a deed of a lease for life because it have  not the ceremony videlicet livery so grant of a reversion without attornment  be not good but a deed of good and chattel without other act or ceremony be  good so of colour by a lease for year or by letter patent it be not good  because they make a good title in the plaintiff And of that opinion be all the  court
case radford versus wilson the same day see gold v white key where the bill  charge particular and special instance of notice of the plaintiff title on the  defendant his denial if notice general be not sufficient Lord chancellor in  the present case there be a plea put in of a purchase for a valuable  consideration without notice cloth with a possession of year or the estate be  buy in and all the equity set up by the plaintiff the issue in tail be that  atkins er p there be notice of the will under which the estatetail be create  and that there ought to have be a recovery suffer in the lord court by the  tenant in tail the ancestor of the plaintiff at the time the estate in  question be purchase by the person under who the defendant claim and that a  bare surrender only be no bar it have never be lie down that a common recovery  be necessary to bar a estatetail in copyhold and therefore I be of opinion  that a equitable estatetail in a copyhold will be bar by a surrender in the  lord court some judge who have sit here have be of opinion that a equitable  estatetail at commonlaw may be bar even by a deed of bargain and sale enrol  vern Beverley v Beverley vern Hopkins v Hopkins atk but it have be hold  otherwise since and now a recovery be necessary legatt v jewel vern here the  instance of notice charge in the plaintiff bill be particular and special to  which the defendant have give no answer and therefore the plea must be  overrule for a general denial of notice be not sufficient it must be deny as  special and particular as it be charge vide senhouse v earl Ves
case raimond and other against barber Hilary term car roll the sheriff of  London can sue as one sheriff SC Lut SC n Lut debt on a bind bring by the  plaintiff as sheriff of London wherein the plaintiff declare as one sheriff  and upon a bind make eiden viscount demurrer to the declaration upon debate it  be hold nought by the whole court for that in London they be two sheriff  whereas in Middlesex they be but one and judgement be give for the defendant  and although it be move strong that they may amend yet refuse by the court it  be a old bailbond and the principal plaintiff and defendant in the original  action have be in chancery for some year
case rain against orton Hilary term Elizabeth roll a concord executory in part  can be plead tout tems pris Plowd b t raym ld ray ante t Rep assumpsit for S  upon a indebitatus assumpsit the defendant plead that after the assumpsit  there be a concord hetween they that he shall give to the plaintiff fifteen  shilling parcel of it and the thirtyfive shilling residue the plaintiff shall  receive of he in bat and allege the payment of croak Elizabeth the fifteen  shilling and that he be always ready to pay the residue in hat and upon this  it be demurrer and without argument it be adjudge for the plaintiff for it be  a concord croak Elizabeth er p executory in part can he no plea for a concord  be always to he entire execute and not to he executory in any part and it be  adjudge for the plaintiff Henry pl
case RAINSCROFT against LAWNEY easter term Elizabeth roll judgement reverse  for want of the attorney Christian name post say vide dougl error of a  judgement in the common bench for that the record be that the defendant to  bring before see per cut attornatum suum and leave out his Christian name and  the judgement be reverse
case ralph smead against Badley easter term James roll in a action for slander  of title it be not sufficient to state that the plaintiff have a intent to  sell the land but it must show that he be in actual communication for the  purpose post SC Yelv cro car action upon the case for slander his title and  declare whereas William smead his brother be seize in fee of the manor of coal  Norton and die seize without issue which descend to he as brother and heir and  that he enter and have a purpose and intent to assure part upon his son for  his advancement and to make lease of part that the defendant to frustrate his  intent use these word the plaintiff have no more right to the manor of coal  Norton than a stranger by reason of which speech he can not make any lease or  other assurance for his son croak throw the defendant plead not guilty and it  be find against he and move in arrest of judgement that this declaration be  not good because he do not show any sufficient cause of loss for it be not  show that he be in communication to make lease or assurance for his son but  only that he have a intent which may be secret and not know to any and for  that cause the court hold it to be ill and judgement be give for the defendant  notwithstanding the precedent in the new book of entry folio a see car c croak  James er p
case ram against PATENSON Hilary term Elizabeth roll Timhertrees above year  growth shall not pay tithe though decay and only fit for fuel and Toppings of  the same growth be also discharge ante roll Abr   a cro James Leon more godb  Bac Abr more Plowd b   b cro James prohibition upon the Edward c for that  whereas he lihelled in the spiritual court for tithe of timbertrees the  defendant say that those tree be long since dead arid el rotten fit only for  fireboot and not for timher it be thereupon demurrer and all the justice  Popham absent hold that no tithe shall he pay for those tree for be over the  growth croak Elizabeth of twenty year they be once discharge of tithe and  therefore shall always he discharge another point be also then move the suit  be for tithe of the Toppings of the tree and the truth be those tree have not  be lop for twenty year together so as then the branch of the Toppings be  discharge from tithe but afterward they be lop every seven year whether now  tithe shall he pay for these branches?And they all hold that they shall not  pay tithe for as the body be privilege so be the branch
case ram vers thacker in b r where a Act of parliament shall have the effect  of a recovery error of a judgement of the king bench in Ireland depend here  for many year and the judgement be now affirm the case be upon diverse act of  settlement make in Ireland by which every one who accept letter comens patent  shall have thereby a clear estate and avoid all former settlement or to that  effect Waldron the lessor of the plaintiff be the issue in tail and heir male  who claim under a settlement make by his ancestor on marriage by which the  estate be entail and after such settlement make that ancestor surrender his  estate and take out new letter patent and whether such surrender and  acceptance of a new patent have avoid the prior settlement make a short time  before be the question and it be resolve that they have avoid it for by the  settlement he have a estatetail which may have be dock and therefore such  surrender and acceptance shall have the force of a recovery by the operation  of the statute and so the estatetail be bar and the estate descend to the  heirgeneral who be marry to Thacker the defendant
case ramsey against bird senior and bird junior a clerical misprision on the  roll may he amend after verdict by a original papeL light Rep hetley latch  roll Abr cro James Leon Mod Mod strange ld ray dougl to Rep assumpsit after  verdict for the plaintiff it be allege in arrest of judgement that the  declaration upon the file suppose the promise to he make by bird senior only  but the roll and the record of nisi prius and all the proceed afterward be  well lie to he by both and by examination it appear that the papercopy under  the hand of the counsellor which be the first thing that be put into court be  that the promise be make by both and the question be if it may he amend and it  be strong urge that it ought not for the file be as the original and be the  warrant of the roll and of all the proceed so that if the roll he ill it may  be amend by the file but thelfile be not to he amend and it be say it be so  adjudge in this court Trin Elizabeth rot in Greenway v elm   a b but all the  court except Fenner hold the contrary that it may he well amend for as Brian  say Henry pl paper be now record so that when it appear that the paper  declaration be good that the promise be by both it be the fault of the clerk  to enter it upon the file to he by one and so it be adjudge to he amend and  the plaintiff have judgement to recover a see this case move again post when  the judgement be reverse croak Elizabeth er p
case randal against wale there must be a second to know facias upon a nothing  to a to know facias by a infant in a hearing complaint against a conusee Yelv  f n b more cro car dyer salk stram a infant conusor can have a new and quer  after he come of age to reverse a statute but he may have a certificate of his  former inspection post   light cro Elizabeth Yelv Com dig a writ of error be  bring by a infant to reverse a judgement in hearing complaint in the common  plea of a recognizance acknowledge during his nonage where he be inspect and  adjudge to be within age he thereupon have a to know facias against the  conusee and upon a nothing return it be adjudge that the recognizance shall be  void and he be discharge whereupon this error be bring because there ought to  have be two to know facias where a nothing be return upon a to know facias and  a to know to make return and for that cause the judgement be reverse but it be  now show in regard the conusor be at present of full age and can have a new  writ of hearing complaint to be inspect that he may have a new writ comprehend  the first inspection and the judgement thereupon and the cause of rehearsal  thereof and upon all the matter to pray to be relieve and so croak throw be  the opinion of the court wherefore they appoint that he may file a new writ  accord
case ranger against Ashmead copyholder bind to repair the lord cut his timber  S c salk S c Mod S c holt S c comy S c fort S c ld ray a copyholder for life  of a house and land that by the custom of the manor may fall timber for repair  of the copyhold tenement bring a action of trespass against the servant of the  lord who enter by the lord command and cut timber upon the land of the  copyholder by which the copyholder have not sufficient to repair the copyhold  tenement a see Heydon v smith   S c godb see also east v Harding cro Elizabeth  S c more S c Owen swain case   Stebbing v Gosnal cro Elizabeth gilbert tenor a  it be adjudge in the court of queen bench by all the court that the copyholder  may have this action this judgement be afterward affirm in the  exchequerchamber by all the judge in England and now reverse in the house of  lord eleven against ten heu wretched people slavery where law be strolling  modern report trinity term the first of queen whether in the queen bench sir  John holt Knt chief justice sir John Turton Knt sir Henry gold Knt sir  Littleton powys Knt justice Edward Northey Esq attorneygeneral Simon Harcourt  Esq solicitor general
case rant against cock Michaelmas term pound Elizabeth roll the effect and  operation of a special warranty ante butler note   light a TFarrantia chartce  and count upon the warrant of to give away et concession tantunt the defendant  demand oyer of the deed and it appear that in the deed there be also a special  warranty against the feoff and his heir and against the heir and assign of the  father of the feoff it be demurrer upon the count the question be whether the  special warrant shall control the generality and expound it or not and it be  resolve that it shall not wherefore it be adjudge for the plaintiff see Ann e  S croak Elizabeth er p
case rastal against turner Elizabeth roll if a copyholder f or life e commit a  f orf eiture his estate alone and not that in remainder or reversion shall he  forfeit especial if the forfeiture be collusive post I roll ab   a yely raym  Mod hob cro car will Bac Abr Bac Abr pale yellow ten ld raym Cowp term Rep  ejection firmce upon a special verdict the case be jane Cundy tenant for life  reversion in fee of a copyhold to William Cundy her son the tenant for life  sell it in fee and for assurance it be devise that she shall make waste to  commit a forfeiture and that the lord shall enter for the forfeiture and shall  grant it to the vendee in fee she commit waste in burn a outhouse which be  present croak Elizabeth er p all d the lord seize it for the waste and grant  it to the vendee upon condition that he shall rebuild the house and that he  shall pay such a sum to the vendor the tenant for life die the heir in  reversion be admit enter upon the vendee and whether his entry be congeable be  the question Gawdy hold that it be for the collusion betwixt the tenant for  life and the vendee to take away the inheritance be apparent to which fraud  the lord be consent as be manifest by his demise by copy to the vendee upon  the condition above c therefore he shall not have advantage of this forfeiture  especial against he rei reversion be a stranger and he conceive that no  forfeiture of a tenant for life shall by law prejudice he in reversion or  remainder as where tenant for life of a office commit a forfeiture it shall  not prejudice he in reversion as len S so here although it be a forfeiture  during her time whereof the lord may have take advantage vet it shall not  prejudice or bind another wherefore although the other justice be absent in  parliament yet because he conceive it to be a clear case he command judgement  to he enter accord
case Ratcliff against Michael in the exchequer Chamber in word impute felony  it must be show that a felony be commit cro Elizabeth Bac Abr action for word  thou art as bad as your wife when she steal my cushion and traverse that any  cushion be steal and after verdict for the plaintiff and judgement give in the  king bench it be reverse for this cause in the exchequer Chamber for it be not  aver that there be any felony commit and then it be not any slander
case Ratcliff versus roper Lord chancellor Parker if the party clerk in court  be dead no process can be take out against the party until he have appoint a  new clerk in court and a subpoena ad faciend attorney must be take out for  that purpose so francklyn v Colhoun Ves and see de Manneville v de Manneville  ib in this cause a decree be make for a sale of the estate for the payment of  debt and a purchaser approve of and confirm there be likewise a order that all  party shall join c and on affidavit that one of the party refuse to be speak  with so as to be serve with the writ of execution though it be allow to be a  motion of course on affidavit of this matter that service of the clerk in  court may be good service yet where the clerk in court appear to be dead as he  do in this case there the court say they will make no order but a subpoena ad  faciend attorney must be take out and serve because till then the party be not  in court it be also allow that the service of the subpoena ad faciend attorney  will be good if leave at the house and that though the party in this case deny  himself yet still the subpoena may be leave at his house peer William er p
case Rawlinson against orie and another Hoc boundary g Wooward attorney  explain Henry v goldney I W queen if in trespass against two defendant they  can plead in abatement a action depend against one of they SC comb SC Carth SC  holt trespass for take good against two defendant they plead in abatement that  the plaintiff have sue a bill against one of they for the same trespass and  yet depend demurrer argue for the plaintiff that this do not abate against the  other and cite Henry pl for where the matter arise on the plaintiff part they  may join in a plea of abatement but where it arise on part of one of the  defendant he only can plead it Henry pl therefore both ought not to join in  this plea Tremain e contra the plea be good and so be the case of earl Bedford  v bishop of Exeter hob there they plead in abatement that another quare hinder  be bring against one of they and the judgement of the court be that the writ  shall abate the plead be in Winchs entry holt chief justice the reason why  another action pen shall abate the subsequent action be because of the double  vexation now the other be not vex and therefore no reason that it shall abate  as to the whole where you plead a misnomer it shall abate only as to he unless  where the death of one shall abate the writ as when upon a jointcontract  otherwise if in trespass eyres justice accord to the case of Ferrer v Arden  cro Elizabeth the other defendant who be privy to the action be party in the  trespass may take advantage of it to plead in bar where there be a recovery or  bar in another action and no reason why he may not as well in abatement  Adjornatur a
case Rawlinson versus duchess of montague Dec devise of pound per and to the  wife of a during the life of b for her separate use the wife of a die the  pound per and shall be pay to the executor of the wife of a during the life of  b Christopher late duke of Albemarle devise to his executor and their heir  pound per and during his wife the duchess life to be for the separate use of  mrs Rawlinson to be pay to her own hand and so as her husband shall not  intermeddle mrs Rawlinson die Vernon chancery case er p decree the pound per  and to be pay to the executor of mrs Rawlinson during the life of the duchess  with cost Reg lib b fol note there be a large sum due in respect of arrear and  the duchess of Montague contend that the personal estate of the duke of  Albemarle ought to pay they but decree with the grow payment of the annuity to  be pay by the duchess of Montague the duke by his will devise certain land c  in Middlesex and Hertfordshire of the yearly value of pound to the defendant  the duchess of Montague and then devise to his executor and their heir during  the life of the Duhess his wife a rentcharge of pound in trust for the  separate use of the plaintiff mother charge upon the say land with power to  his executor to distrain vide lock v lock next precede case and further  Gifford v Goldsey all ante p and case in note there and particular the  distinction authorize by the case cite in the latter part of the note Vernon  chancery case de term S HILLARII in curian porter
case Rawson against Maynard ejectment upon a demise of the four part of a  house be good though it say he enter tenementaprodict ante run eject term Rep  error of a judgement in the queen hench the error assign be that in a ejection  firmce the Iaintiff do count of a lease of onefourth part of a house in n in  four part to he divide by force of which he enter in tenement proedict and be  ind possessionatus until the defendant do eject he de property prcedict  whereas he ought to suppose his entry into the four part and the ejectment of  the four part say non allocatur for the justice say that the entry and  ejectment suppose de property prcedict shall not he intend of the entire  tenement but of the four part of the house accord to his declaration and the  judgement be affirm
case RAWSTON versus read Inst hark Edward a Plowden salk S c Eq Abr a case be  order to be state and be this William lane have issue only two daughter one  whereof be dead and leave issue lane Bernard her heir and one of the coheir of  the say William lane William by will devise the estate to lane Bernard and his  heir and if he shall take one moiety by descent and the other by purchase or  the whole by purchase be the question and it be adjudge he take the whole by  purchase precedent in chancery de boundary S mich in curian porter
case ray versus tanfield in court Lord chancellor eoden die the court grant a  injunction to stay a action of dower the husband have devise to his wife pound  ayear for her better support and maintenance and make her residuary legatee  Chan Cas   Vernon Cas vern Freem the plaintiff move for a injunction to stay a  action of dower the husband by his will have devise pound ayear to his wife  for her better support and maintenance during life and also make her residuary  legatee and insist that this be devise to her in bar of her dower and as a  additional provision Lord chancellor though this devise be not within the  statute this court have go much far than this case so let a injunction go on  the plaintiff give judgement with a release of error and consent not to bring  error and to speed his cause and give security to pay the damage and to  deliver possession as the court shall direct at the hear Tuesday January the  that
case rayson versus Sacheverel Eq can ab pl pl S c Ch can baron and feme by  deed and fine mortgage the wife land for pound the husband pay in part of the  principal and afterward borrow the same sum again of the mortgagee decree the  heir of the wife shall not redeem without pay off both sum baron and feme levy  a fine of the wife land to enable they to take up the sum of pound they borrow  this money and make a mortgage for it and after the mortgage be forfeit the  husband pay in part of the mortgage money but afterward borrow as much money  more of the mortgagee as he have pay in before it be decree that the mortgagee  have the estate in law in he by the forfeiture of the mortgage he shall hold  the land against the heir of the wife until the whole money be pay and if the  heir will not pay in the whole principal interest and cost he shall be  foreclosed It appear that a endorsement be make on the mortgage deed and  subscribe by baron and feme whereby they agree that the land shall stand  charge with the money and that the wife with the consent of the husband and  other party interest make a will and devise the land in question to her  daughter and her heir to be sell forth payment of her debt and the plaintiff  debt in particular Reg lib b fol vide Brend v Brend post et vide anon mrs  where on mortgage by husband and wife of land purchase to the use of they and  their heir without a fine and bill in equity to foreclose and joint answer and  then husband die the joint answer of husband and wife hold equal to a fine
case read against johnson assumpsit will not lie for rend arrear upon a lease  for ear ante   a post roll ab cro James cro car hob Brownl lev hard Leon Allen  Jones assumpsit for twentyfour pound and declare upon a indebitatus assumpsit  defendant plead non assumpsit the jury find that the plaintiff let to the  defendant land for seven year render eight pound per annum and the rend be  arrear for three year and that the defendant do owe no other debt nor make any  other promise et si c and it be hold by the justice that the action do not lie  but only a action of debt
case read against marshal where the wife need not be join with the husband in  the action S c ante S c fort the plaintiff bring a action against the  defendant for enter his house take away his good and for beat his wife and  have judgement by default and upon a writ of inquiry the jury give one hundred  pound damage the defendant move in arrest of judgement that the wife ought to  be join in this action to which it be answer that beat the wife be only lie to  aggravate the damage the court seem to be of that opinion a it be say S c fort  that it be hold well though the wife do not join a
case read against TREGEAGLE a bind and judgement give for a just debt shall  not be set aside though enter up and execute contrary to the agreement of the  party post read give a bind and judgement to Tregeagle defeasanced upon  payment of money on such a day certain and it be agree by the same deed  between the party that Tregeagle shall not sue any execution against read  before the sixteenth of July on the fifteen of June Tregeagle sue out a become  facias deliver it to the sheriff before the sixteenth of July and get it  execute on the sixteenth of July upon demand and nonpayment Broderick move to  set it aside for that the plaintiff by break his agreement have modern  incapacitate the defendant to perform for by the delivery of the writ to the  sheriff the property of they be bind so that he can not sell any of they to  raise the money but per curian since it be for a just debt and judgement  execute we will not now undo anything for perhaps that will be a mean to  frustrate the judgement and beside you have no oath that any purchaser be  deter by reason of take out and deliver the writ and here read have a good  remedy by action of covenant holt chief justice remember the like case where  covenant be bring and damage thereupon recover and they all say the rule be  that where a mischief be on either side and a remedy on the one and none on  the other they will suffer that to continue against which there be a remedy  holt chief justice say that a hearing complaint will not lie in this case  because that will pull up all by the root and avoid the whole judgement
case read assignee of Lingood against vaughan a assignee may affirm or  disaffirm the contract of the bankrupt this be a action of assumpsit for money  have and receive to and for the use of read the assignee Bootle move in arrest  of judgement that if the receipt of the money be wrongful the action ought not  to have be a action of assumpsit on the contract but a action of trover on the  tort lee chief justice a assignee may either affirm the act of the bankrupt or  may disaffirm it and make it a tort or nullity chapel justice if the assignee  employ the defendant to get in the money of the bankrupt this be money bad and  receive to the plaintiff use judgement be give for the plaintiff
case read case slanderous word speak as hearsay be actionable ante action for  word whereas the plaintiff be a justice of peace within the county of Lincoln  that the defendant speak these word I hear it speak that Mr read be one that  be at burrel robbery and that four of they go tobis house the next morning  where in fact the defendant never hear any such word c the defendant plead not  guilty and it be find against he and mark damage and it be move by Harris that  the word be not actionable for they be not speak out of malice but upon  another report neither be it say that Mr read be one of the robber and it may  be take in good part that he be one of the company of the party rob and when  it stand indifferent the hest shall he take Yelverton contra for when he speak  word upon report whereas there be not any such report it be a slander ih he  otherwise every one by such a addition of a report will slander another and it  be therefore adjudge in Meggs v g in eag here a action be bring a woman have  tell I that she hear say that S S wife kill her first husband and aver that  there be not any such report and adjudge that the action be well bring  wherefore c the justice doubt thereof for word of slander ought not to he take  by implication and will the party to agree and the plaintiff t ok fifteen  pound for all and judgement be enter by consent
case reder against Bradley judgement reverse in a inferior court where the  damage be lie to l it be move to reverse a judgement give in a honour court  upon a writ of false judgement bring here the plaintiff declare in the action  below that there be a communication between he and the defendant concern the  service of his son and it be agree between they that in consideration modern  the plaintiff will permit his son to serve he the defendant promise to pay the  plaintiff thirty shilling the plaintiff aver that he do permit his son to  serve he and that the defendant have not pay he the thirty shilling there be a  verdict for the plaintiff the exception now take wereFirst it be not say that  the juror be dainties ad triand c second he lie his damage to thirty pound of  which a courtbaron can hold plea for the difference take by my Lord coke be  where damage be lie under forty shilling cost may make it amount to more but  where it be lie above in such case all be in person nonjudice for which reason  judgement be reverse but in this court the judge do not pronounce the reversal  as it be do in the king bench
case redfern against todd woe ds actionable action for these word he shall  have be hang for a rape but it cost he all the money in his purse after  verdict it be move that these word be not actionable the court resolve that  the action well lie and it be adjudge for the plaintiff
case Redman against EDOLFE Trinit term car roll the court will presume a  original to be perfect until the contrary appear S C side S C sand S C keb cro  James Mod Tidds pract trespass and ejectment by original in this court sander  move in arrest of judgement upon a fault in the original for a bad original be  not help by verdict hut upon Mr Livesays certify that there be no original at  all the plaintiff have judgement though in his declaration be recite the  original see also the statute Elizabeth c by which it be enact that no  judgement shall after verdict be stay or reverse for any default in form or  for the want of any original writ c   barn note d edit c ld raym ld raym stram  will will burr burr Cowp dougl term Rep
case Redman against pine to say of a watchmaker that he be a bungler and can  make a good piece of work be not actionable post S C keb side lev raym show n  Lut ld ray ld ray stram Mod Mod Mod Mod fitzg a action upon the case be bring  for speak these word of the plaintiff be a watchmaker he be a bungler and know  not how to make a good piece of work but there be no colloquium lie of his  trade Pemberton the jury have supply that have find that he be a watchmaker  and it be true that word shall be take in mild sensum but that be when they be  doubtful Cawdry v Highley cro car a S C godb a Twisden justice I remember a  shoemaker bring a action against a man for say that he be a cobbler and though  a cobbler be a trade of itself yet it be hold that the action lie in Glens  time sander if he have say that he can not make a good watch it will have be  know what he have mean but the word in our case be indifferent and perhaps  have no relation to his trade the judgement be order to be stay
case REDMANSCASE a attorney sue by bill can be arrest and therefore although  he be about to leave the kingdom the court will not oblige he to find special  bail S C keb Mod stram ld ray Cromp Tidds practice will Bl Rep and see the  case of Comerford v price dougl and note p Baldwin sergeant move that one  Redman a attorney of the court who be go into Ireland may put in special bail  Twisden justice a clerk of the court can put in bail you have file a bill  against he and so waive his put in bail Kelynge chief justice you may remember  Wollys case a keb a but we discharge he by reason of his privilege and take  common bail Twisden justice modern er p you can declare against he in custodid  but although we can take bail yet we may commit he and then deliver he out by  mainpernancy Jones if he be in court inpro pridpersond you can proceed against  his bail the court agree that the attorney shall not put in bail
case Redmond against joseph to debt on a judgement a plea that the defendant  be take in execution be good without aver that the execution continue debt  upon a judgement the defendant plead in bar that a capias ad to give  satisfaction be take out against he at such a time by virtue whereof he be  take in execution and that the say capias be return on record but do not aver  that the execution continue or that the debt be pay and on demurrer holt chief  justice if he be once in execution it must be intend he continue so if he have  not pay the money a for if he have escape you shall reply that of your side  that be plaintiff for this be a plea in bar and good to common intent and he  quote two case where he have know escape reply to such a plea and a take in  execution be a bar to all other remedy while it last and we can intend a  escape and here if he have aver the continuance in execution if they can  traverse it of the plaintiff side what do his averment of it avail they and if  he be not in execution but escape they may reply it and the writ issue out be  not of record till it be return though the execution be good before any return
case REDSTON against eliot thou art a rehel and all that keep you company be  actionable word ante roll Abr Bac Abr action for these word thou art a rehel  and all that keep you company be rehels and thou art not the queen friend  after verdict it be move ihai the action lie not for these word for as to the  first word thou art a rehel it be adjudge here in well case that a action lie  not and Elizabeth in the common plea hetween bustard and pet it be adjudge  that for say thou art not the queen friend no action lie wherefore they be  couple together the action lie not Fenner and Clench hold that the word be  actionable for although to say thou art a rehel will not hear a action of  itself yet be conjoin with the other word all that keep you company they be  thereby much aggravate and show his intent but cceteris Justitiariis send away  adjournatur