briton and coal ante salk cattle of a stranger levant and couchant on land of  a person outlaw d may be take by to lift up facias for the king for the cattle  be issue c within Westminster the land be debtor c to the king holt Ch I now  deliver the resolution of the court videlicet that the cattle of a stranger be  levant and couchant upon the land of the person outlaw may be take by virtue  of a to lift up facias for the king for the writ command the sheriff to levy  this duty out of the issue and profit of the land and these cattle be levant  and couchant be issue for in all respects nobilia upon the land be issue W cap  Inst Fleta lib the land be debtor to the king and that make the cattle liable  to be take and if he shall not have this privilege it will lie in the breast  of the owner of the land by any special agreement of his to defeat the king of  all the benefit he be to reap by the outlawry for he can have no remedy upon  the record of the outlawry against a stranger to recover the money upon the  agreement it be a sum in gross and collateral to his interest if the person  outlaw d have alien d his estate and the feoff have put in his cattle they  shall have be subject to a seizure by the king Comberbach er p the feoff have  the estate in the same plight and condition as the feoff have it and though  the feoff be good yet it destroy not the king title so the issue of a juror  shall be levy by to lift up upon the cattle of the feoff after alienation but  if before judgement of outlawry the land be alien d that prevent the king from  the pernancy of the profit h but if after the inquisition find it will not for  this by the inquisition that the interest be vest in the king and before that  he have nothing at all Hardr raym it have be object that the good of the  person outlaw be the issue which be to be levy by the to lift up but that  Comberbach can be for those be the king without inquisition and that make out  the difference between chattel real and personal the one be leviable by to  lift up the other not for ought appear by the record the plaintiff here may be  feoff or claim any other special interest upon the land before the outlawry  commit but if he be that will not avail he since he have show his title by way  of replication for the plea in bar be good the defendant aver that the beast  be levant and couchant and suppose the plaintiff have a title to the land  prior to the inquisition yet if that title be not particular find therein he  can justify by it in action of trespass but ought to go into the exchequer and  by way of monstrance de law show his right there if these cattle come upon the  land by trespass the owner shall have no great advantage than the feoff or  alienee but they shall still be liable to be take for if he that have title to  the land have no remedy upon such a seizure h strong he that have no title can  have none the case in cro be good law where it be say that no good shall be  take upon the land but the good of the debtor not the good of a stranger and  the reason be there for that be a become facias give the sheriff authority to  levy only de good catallis of the owner and therefore differ from a to lift up  facias which give authority to levy de exit terrae the writ of execution for  the king be a she sa to take the body be made fa to take the good to stretch  out fa to take the land and the long writ in the exchequer which comprehend  they all now even by that writ the good of a stranger can be take because the  sheriff have no such authority thereby but otherwise it be of a to lift up  facias de exit terrae the word issue charge the inheritance for if tenant for  life die before they be levy they shall be levy upon the inheritance the land  be the debtor if any officer for life forfeit issue it be a charge upon the  inheritance and the reversioner in fee be liable to they but if tenant for  life be outlaw there may be a doubt whether the arrear of issue may be levy  upon he in reversion because they proceed from the default and neglect of the  tenant for life but in the case of a officer it be otherwise if the lord of a  manor forfeit issue they shall be levy not only upon the freeholder but  copyholder likewise roll and though the cattle of one tenant in common shall  not be take upon the outlawry of another lane especial where it be find by  inquisition that the party outlaw have only a moiety and the to lift up  command the sheriff to levy issue only of a moiety as in that case yet the  cattle of a stranger that come in by wrong shall be liable to be take but if  the inquisition bad find a title general for the king without take notice of  the tenancy in Comberbach common even the beast of the other tenant in common  may be take upon the to lift up and he have no remedy but as aforesaid by  plead his title in the exchequer by monstrance de law so a commoner S cattle  be not upon a special inquisition liable to be take upon a forfeiture of issue  by he that have pasture in the land but otherwise upon a general inquisition  for the reason aforesaid the cattle of a stranger be distrainable for  rentservice and if levant and couchant for a rentcharge which be against  common right because the land be the debtor which case differ not in reason  from the case before we therefore as to this point judgement must be for the  defendant but the defendant in his plea ought to have show the record of the  outlawry be a stranger and not justify under the command of the sheriff his  precept be direct to Anthony Powell and Joseph Powell and for this cause his  plea be nought he only take notice of the outlawry in the recital of the writ  which be not sufficient but bad he justify d under the command of the sheriff  or his bailiff then it be well enough for if a writ of execution be direct to  the sheriff whereas there be no judgement obtain d and the sheriff command his  bailiff to do execution which they Comberbach er p do accord they be  justifiable for they need not take notice whether there be a judgement or no  nor be it necessary for they to plead it in action of trespass but otherwise  it be of a stranger for in trespass he can justify that he procure the  plaintiff to be take in execution without show the judgement but if he justify  by command of the officer then he will be in the same condition as they and in  trespass such command be traversable Leon Leon roll Rep but otherwise in a  replevin in a avowry for damagefeasant the demand be traversable wherefore  because the defendant have not by his plea make a good justification judgement  pro quer Comberbach de boundary paschae year I William III king in b r