COANT versus keate No imparlance though plaintiff declare on several battery  though but one in the writ cook a motion for imparlance in battery because the  special writ mention but one battery and several battery be set forth in the  declaration but deny because the special writ in battery never mention but one  battery and so it be in covenant though many breach be assign in the  declaration Mr sergeant baines for the defendant Whitaker for the plaintiff
coat against Hammond issue be join in Hilary term Geo and notice of trial give  that February for the then next Yorkshire assize which notice be countermand  and that January in Hilary term Geo plaintiff give new notice and proceed to  trial at last assize defendant move to set aside the verdict insist that the  last notice of trial ought to have be give before the essoignday of Hilary  term upon show cause the practice appear to be doubtful and the court order  the verdict to be set aside and cost to attend the event of the suit Bootle  for defendant Burnett for plaintiff note a new general rule be make upon this  occasion to regulate the practice for the future
coat against Midgley trin geo in prohibition the declaration be order to be  amend by a judge but the amendment not be warrant by the suggestion or the act  of the spiritual court the order be discharge chapel for defendant Eyre for  plaintiff
coat against sadler Thursday may estate Br north move in arrest of judgement  in action sur case by the master against the servant on retainer four year  before such de year in annum Interrog  birth to please to drive the read coach  and that the defendant have abuse his coach in the three year and withdraw and  absent himself and entire damage be give which be ill because this be a  retainer but for a year and afterward at will which be strong than in case of  a lease for year especial the count not be particular of retainer this year  whereof the first retainer may be evidence but thus general lie be not good as  Evesq bath case for the wage be I yearly be lose by his absence therefore no  damage shall be give for that but by powis pro plaintiff when any one year be  begin the retainer must continue through that whole year which Windham and  Moreton agree and the whole court agree Keble notice must be give by either  party and if the retainer be not in husbandry the party may absent when they  will and there be remedy on any special loss also it do not appear but the  will be still continue for by the absence the will be not determine judgement  pro plaintiff and the same law be in case of a lease for year in like manner  and notice must be give at the end of every year or before
coat against wade a and estate in a term plead in a stranger and not in those  by who the party claim SC I side keb lev debt for rend and count that a be  possess of a term grant he a rend out of it which term by mesne conveyance be  come to the defendant after verdict for the plaintiff it be move in arrest of  judgement that the plaintiff have not show how the term come to the defendant  and a man can plead a and estate of a term because it can be gain by seize as  a fee may nor by occupancy as a freehold may but by mesne assignment or  conveyance which ought to be show how as cro but by the tourt one may plead a  and estate of a term in a stranger general because he can know his title but  not in himself or in those under who he claim and judgement be give for the  plaintiff
coat and pocock and wife arbitrement Polixphen pray stop of attachment against  the defendant for not perform a award on reference at assize send non  allocatur for the trial be hereby put off the party will be delude if no  attachment shall be grant thereon and albeit the matter be for butter and  cheese sell by the copartner for l and above l give to one copartner by the  arbitrator unheard yet per curian either no submission ought to be or not to  be elusory but on bring in the money a reference be order
coat case easter geo may that Robert coat be bring into court by the gaoler by  habeas corpus direct to the sheriff of the town of Newcastle upon tine and by  the return coat appear to be charge with process of this court and with  several writ of capias from the court of exchequer at the suit of the king for  and upward as a smuggler per cur the habeas corpus be not returnable till the  that instant defendant must be then bring into court again and in the mean  time give notice to the solicitor of the custom the king may choose his own  prison defendant can be commit to the fleet without the consent of the crown  may that it appear by affidavit that Mr Metcalfe solicitor of the custom have  by the direction of the commissioner sign a consent and serj prime consent pro  ring defendant be commit to the fleet Bootle for defendant
coat v freston a injunction to stay execution a Writ be award against the  defendant his councillor and attorney that they upon penalty of pound shall  sue no execution of a judgement in a action of debt commence by the defendant  against the plaintiff at the commonlaw until further order be take therein by  this court of chancery Robert coat clerk plaintiff John Freston defendant year  p m choice case in chancery er p
coat v turner Jan whether a further answer be require before exception be put  in per curian where a plea or demurrer be overrule upon hear and the defendant  answer also even by only deny combination the defendant Bunbury be not oblige  to put in a far answer until the plaintiff have put in exception for that  purpose but if the demurrer be to the whole bill and overrule the defendant  must answer accord to the rule of the court without exception put in by the  plaintiff
cobble versus allen trespass hob norf cobble bring a action of trespass  against Allen for break his close at Barningham and by the new assignment  diverse parcel be assign the defendant as to part plead that he be seize of a  house and thirty acre of land in Colby and prescribe to have a way over they  to his common in Barningham and for the other parcel prescribe that he and all  those who estate he have in the say house in Colby use to have for themselves  and their family one way for packhorse over the say other parcel of land in  Barningham unto the king highway lead to the city of Norwich and issue be join  upon these two prescription and find for the plaintiff but it be move in  arrest of judgement that the denue be from Barningham and Colby and that in  the plea there be not mention of any place where the common lie and therefore  there be not any trial but it be adjudge that the trial be good for though  that the proper use of a way be to some end and that ought to be show yet if  it be only that he have a way over the close of the new assignment and no  place or end thereof be plead for what cause or to what other place and issue  be take upon the prescription and find the prescription be good and another  reason be there by implication it be indifferent whether the way lie in b or  in another town and by intendment rather it may be take to lie in b and then  if by one intendment the trial may be good it shall be so intend Hutton but  when it appear that the trial shall be in three town and the when fac be but  in two this be not aid for it be a mistrial and there must be a venire facias  de to make new but in this case no new venire can be award and then it be but  a jeofail for not plead in which town the way lie and then it be aid and also  unto the king highway may be take that this king highway be join with joists  adjacent to these close where the way be by prescription and for these reason  and cause judgement give for the plaintiff
COBEAMS case by statute all contempt and execution be pardon but piracy be  except whether the punishment of one for stand mute on a indictment for piracy  be pardonedA but he may be indict de novan for another piracy commit at the  same time with the former c obham before the last general pardon be for piracy  condemned to suffer the penalty of Seine fort et cure but not put in execution  and by the general pardon all contemptq be pardon pain and execution c but all  piracy be except it be move for the queen by the attorneygeneral whether he  may be impeach anew and arraign for the piracy aforesaid or may be dyer b er p  indict de ship for another piracy or robbery commit upon the sea at the same  time or not on the first point the judge and queen counsel be of different  opinion by reason of the judgement of penance and the execution thereof in  which no attainder or conviction of the offence be mention but on the other  point the great part think that he may well enough be indict and put to answer
cock against cross a obligor make the obligee executor be sue the other  obligor a and b be oblige joint and several to c and a make d his executor and  die d make c the plaintiff the obligee his executor and die c the obligee  bring debt upon this obligation against b who plead that a make d his executor  who make the plaintiff his executor and that the the plaintiff have administer  the good of a not say to the value of the debt nor of what value but general  that he administer the good of a hereupon the plaintiff demurrer and have  judgement for the bind be joint and several though one of the obligors be  discharge in this manner yet the obligee may still sue the other if he have  not receive a full satisfaction by the administration levinz term sanct hill  year car two in banc king
cock against Kerridge trinity geo defendant have obtain a rule to plead double  non assumpsit and assumpsit infra sex aged plaintiff move to discharge it  insist that defendant who be a prisoner in the fleet at the time of his be  charge with the declaration before this rule obtain be discharge at the  session of the peace by the compulsory clause in the insolvent debtor Act g  and be at large can not regular apply for the rule to plead double without  first enter a common appearance which be not do the question be never de barn  termine but by consent plaintiff have leave to discontinue without cost  Skinner and urlin for plaintiff wright for defendant
cock against MACCLEFIELD pasch queen nunc Rotulo four submit to abide a award  ita cod it be deliver to the party or to one of they delivery to any one of  either party and by parole only be sufficient a and b be bind to c and d to  perform the award of e arbitrator choose c between the say a and b of the one  part and c and d of the other part to c so that the say award shall be make  and give lip to the say party or to one of there by the say arbitrator before  c in debt on this bind endorse as above the defendant plead protestand that  the say arbitrator make no award c for plea that the aforesaid arbitrator do  not deliver in write any award between the aforesaid a and b and the aforesaid  c and d to the aforesaid a and b or either of they of and upon the premise  accord to the form and erect of the endorsement c not deny but that the award  be deliver by parole and not deny that the award be deliver to a and d for if  it be deliver to either of the party to the award although it be not to both  or to one of each party it suffice and so it be adjudge by Weston a brown and  dyer justice
cock and heathcock Monday may slander after verdict in action upon the case  for slander of title levins except in arrest of judgement that the word be I  have a surrender of the land of b and intend to sue for the same and that the  plaintiff have no title on   Gerrard case because the defendant claim title  himself the consequent whereof be that the plaintiff bath no title and  judgement for the defendant nisi
cock and Ratcliff where to a action upon a promissory note it be plead that be  corrupt agree c the plaintiff may reply that the security be give for a just  debt and traverse that it be agree modus et form as the defendant plead case  against the defendant upon a promissory note make to plaintiff testator  defendant plead in bar that it be corrupt agree between they that the testator  shall be pay in hand S upon give the note which exceed the rate of pound per  cent and therefore insist that the note be void plaintiff reply that the note  be give for a just debt without this that it be agree modus et form as the  defendant plead to which replication defendant demurrer and show for cause  that the replication do not traverse the corrupt agreement Benny for defendant  sergeant Bootle for plaintiff Lord Hardwicke c j this be a good replication  and be a fair way of plead than to say that without this that it be corrupt  agree because that be but the consequence of law upon the fact as they shall  appear though I agree it be more usual to plead in that manner the old way be  to traverse all the circumstance of the agreement and if that be good this  must be so too page I at the trial no evidence be give of the corruptness but  the fact themselves judgement for the plaintiff Com dig pleader W will Doug t  r
cock versus Combstocks the plaintiff declare that one a be seize in fee and  demise for year to I and l and to the plaintiff for term of life and one of  they demise to one of the defendant for year the defendant as to part plead  that he do not demise and the other plead non be shape and a demurrer to the  plea of non to send down because it be but argumentative quod non tenet accuse  and it be adjudge a naughty plea a writ of error lie in partition upon the  first judgement before the writ be return Brownlow goldsborough defendant  plead he have bring a writ for the same land and adjudge no plea
cock versus HONYCHURCH accord Danv ab p keb trespass and assault the defendant  plead a concord between he and the plaintiff videlicet that he shall pay the  plaintiff in band and shall undertake to pay the plaintiff attorney bill and  aver that he pay the and that he be always ready to have pay the attorney bill  but he never show he any to this the defendant demurrer paulet for the  defendant that it be a good plea the grand objection be that here be no  execution of this agreement resp it be a execution for the payment of the be  make and the agreement be not to pay but to undertake the payment of the  attorney bill which be accord do and upon his undertake the plaintiff or the  attorney may have a remedy and so good accord to Plowd two b and in Peytoes  case   b there be a obligation give for payment of the money and here be a  promise make which be of the same nature Twisden justice this accord be not  good because not execute and of that opinion be the whole court absent Kelyng  chief justice and judgement be give for the plaintiff
cockaine against hopkins in the exchequer runagate rogue and if he have his  desert he will be hang say of one who use the trade of buy and sell not  actionable vide post case that whereas the plaintiff for year last pass arm v  endendi barganizandi correct legitime use to be and thereby have gain great  profit for the support of birifself and his famil the defendant injuriose  fialso wickedly say of he he be a runagate rogue and worse than a rogue and if  he have his desert he have be hang whereby he lose his custom but do not  allege any special damage after verdict for the plaintiff and diverse book  cite pro content judgement be stay and the word adjudge not actionable for per  cur runagate be not of the same sense with bankrupt and the plaintiff do not  show what be the trade be use it may be a tinker or a pedlar who travel up and  down the country and be rogue by the stat of Elizabeth and what follow and  deserve to be hang be not actionable say quCere by reason of the word deserve  to be hang
cockam and hale tithe the queen grant a message and all her tithe in b  thereunto belong and use and it be find that no tithe be demise on special  verdict the court conconceived the tithe pass not also several bargain and  sale be say debt is owed modus irrotulato not say in six month which be well  enough in verdict but not in a plea and judgement for the plaintiff
COCKCROFT versus smith pasch Ann B R ld raym S C state at the end of the case  of cook and Beal son assault demesne a good plea in mayhem where the first  assault be violent S c Mod Rep a Q holt in trespass for a assault battery and  mayhem defendant plead son assault demesne which be admit to be a good plea in  mayhem but the question be what assault be sufficient to maintain such a plea  in mayhem holt c j say that Wadham Wyndham I will not allow it if it be a  unequal return but the practice have be otherwise and be fit to be settle that  for every assault be do not think it reasonable a man shall be hang with a  cudgel that the meaning of the plea be that he strike in his own defence that  if a strike b and b strike again and they close immediate and in the scuffle b  mayhems a that be son assault but if upon a little blow give by a to b b give  he a blow that mayhems he that be not son assault demesne Powell I agree for  the reason why son assault be a good plea in mayhem be because it may be such  a assault as endanger the defendants life a a in the principal case holt  direct the jury to find for the defendant in ld Raymond the first assault be  state to be tilt the form on which the defendant sit in Rep a Q Mod that the  plaintiff run his finger towards the defendant eye the mayhem be bite off the  plaintiff finger Salkeld er p
COCKCROFT versus smith patch Ann salk in trespass for a assault battery and  maibem defendant plead son assault demesne which be admit to be a good plea in  maihem but the question be what assault be sufficient to maintain such a plea  in maihem holt c j say that the meaning of the plea be that be strike in his  own defence if a strike b and b strike again and they close immediate and in  the scuffle b maihems a that this be son assault but if upon a little blow  give by a to b b give he a blow that maihems he that be not son assault  demesne Powell I agree for the reason why son assault be a good plea in maihem  be because it may be such a assault as endanger the defendant life
cockerel and January when a clerk in court obtain a order for tax the cost of  the solicitor who employ he and afterward obtain another order for payment of  the cost incur by such taxation how far he shall not be allow to detain the  paper of the solicitor client till the cost incur by such taxation be pay he  cockerel employ bell as his solicitor and bell employ Sedgwick as his clerk in  court Sedgwick obtain a order for tax the bill of cost due to he from bell on  such taxation a very small sum be take off his bill thereupon he obtain  another order for payment of the cost incur by such taxation he pursue bell so  far as a Commission of rebellion in order to get the money that be due from he  but be not likely to recover any thing from he this occasion his prefer a  petition now before the court whereby be pray among other thing that be may  detain the paper of cockerel which he have in his hand not only till the cost  be pay he which be report to be due to he by the first order but till those  cost be pay likewise which be incur by the former taxation Barnardiston Lord  chancellor be of opinion that Sedgwick be entitle to detain the paper of  cockerel till those cost be pay he which be report to be due to he by the  first order but that he have no right to detain they tillthe remain part of  the cost be pay he which be incur by the taxation
cockerel v Anonymous equity case abridge er I S a client in the country employ  a a solicitor in the country in a Cause in chancery a employ e as a clerk in  court I S pay a but e s bill be unpay I S be not bind to pay e but if e have  any paper in his hand he may retain they till pay decree per Lord Chan king  east farewell and Coker will Rep and his lordship say that if any thing remain  due from I S to a he will stop it and it shall be pay to a the clerk in court  and here be some proof by affidavit of I s s retain e to take care of the  Cause his lordship order that to be try in a action at law to be bring by e  against J S ibidem J S employ b a solicitor who employ S a clerk in this court  S have a order for tax the bill of cost due to he from b on taxation a small  sum be take off the bill thereupon S have a order for payment of the cost  incur by such taxation and prosecute b to a Commission of rebellion but be not  likely to recover any thing from b he petition that be may detain I s s paper  not only till the cost report to be due be pay he by the first order but also  till those cost be pay he by the former taxation and Lord chancellor be of  opinion that S may detain the paper till the cost report to be due to he by  the first order but not till the cost incur by the taxation be pay he mich  cockerel and Barnard Rep in Chan
Cockett against DELAYHAY Cockett bring a action upon the case in Bristol  against Delahay for these word Cockett have forge a deed and because of that  come out of his own country and the defendant justify that he do forge a deed  in Middlesex of land in hartfordshire without that that he speak in Bristol  Richardson say that that plea be nought either with traverse or without the  traverse whereupon henden alter his plea sure that he forge a deed of those  land at south Mimms in Middlesex where the land lie by virtue of which he  justify the word at Bristol Richardson it be a good plea for now the other can  plead nothing but de in an unjust manner svan not common with others and then  the trial shall be in Middlesex and by crook if there be a demurrer there  shall be a writ of inquiry of damage issue to Bristol hetley er p issue if the  issue be not make up it may be try by proviso but if the plaintiff neglect  that there may be call a nonsuit upon the roll for there it shall be  discontinue quod notam
COCKMAN against Symonds in escape Br Marob pl in debt on a judgement the  defendant plead that the plaintiff take out capias against he and arrest he  and thereupon that he be discharge by protection show allow to the bailiff as  servant to the e of have not say infra menia but Keble er p only in his affair  to which the defendant demurrer because privilege be not Allowable to a  execution Inst also it ought to be under the great seal but curian contra such  protection be cum clause to will only but Inst latch by Raymond for the  defendant the law do take no notice of the servant and therefore he ought to  have a writ also this writ come too late be purchase after the testae of  capias but per curian this be mean of general protection not of this  supersedeas of privilege die b pl but the court conceive the plea in bar  nought they waive the replication on I Cr and by Windham curian it be no  sufficient plea that h be take in execution and suffer to escape the party  have election to begin de to make new by action on the judgement or against  the sheriff unless he be set at large by the party assent so I Cr pl Robinson  against Clayton I Cr Mayson against Clayton pl accord for the sheriff may be  dead or insolvent and the party may else have advantage of his own wrong in  break prison judgement for the plaintiff nisi
COCKMAN and mather how far a history can be give in evidence this be a trial  at bar concern the right of visit universitycollege in Oxford one of the issue  in this case be whether king Alfred be founder and the counsel for the  plaintiff will have give in evidence several historian as to this point but  the chief justice declare that such evidence be never admit unless in proof of  a point concern the government the rest of the court do not deny it accord it  waive
COCKRUFT versus the same No justification for battery in a church nisi battery  in remove he from his seat in the church defendant plead calmly manus to place  upon c Selby pro quer the plea be nought for in this case there can be no  justification Noy cro the court at first incline for the defendant that such a  removal be justifiable and direct judgement to be enter for the defendant nisi  prox term say postea prox term it be adjudge for the plaintiff for the court  say there can be no justification of a battery in the church unless in case of  a churchwarden c side sand
COCKSEDGE one c against rickwood object for the plaintiff that the affidavit  ex part deftis be swear before J C and a f as commissioner who be at that time  swear to be clerk or agent to rash defendant attorney the general rule extend  only to atorneys themselves those commissioner be not swear to be agent in  this cause the objection be overrule it be say but not swear that they be  menial servant which the court seem to think will have be a sufficient  objection prime and will for plaintiff Skinner for defendant
cod plaintiff against TURBACK defendant a habeas corpus alimony more Bulst Ro  Rep post Codd be bring to the bar by a habeas corpus upon the return it appear  that he be commit by the high Commission court for refuse to allow alimony for  maintenance of his wife and for speak to visit opprobriosa word the court be  move to have he bail the return be insufficient it be not show what the word  be nor when they wear speak and so no certain cause show of the imprisonment  coke chief justice the return here be not good the cause of the commitment in  this return ought certain to appear it be here altogether uncertain the time  uncertain when the word be speak it may be in the time of queen Elizabeth and  so the same pardon the court all clear of opinion that the return here be not  good coke by the law of God none ought to be imprison but with the cause  express Bulstrode in the return of his imprisonment as appear in the act of  the apostle the whole court agree that the return be not good and so by the  rule of the court he be bail coke this kind of imprisonment be much to be  dislike be a very great grievance and vexation to the subject
Coddington versus Wilkin for word Trin James he be a thief and why will you  take a thief S part speak of Mars James the defendant justify the word because  the plaintiff steal sheep the plaintiff by way of replication set forth a  general pardon grant such a time and further say that if any felony be commit  it be before the general pardon make and show himself to be a subject and no  person except in the pardon the defendant demurrer the court be of opinion  that by the pardon both the punishment and fault be take away and that the  wrong be do to the king by the commonlaw and the king be the Supreme head if  he pardon the party be clear of the wrong as if a villain be enfranchise he  from henceforth be no villain note if a man upon good consideration promise to  become bind to another by his obligation to do a act and if he do not become  bind action upon the case will lie against he and the plaintiff be not bind to  tender he a obligation but the defendant have take it upon himself to do it  promise upon condition notice not necessary Richard versus Carvamel action of  the case bring and count for nonpayment of money at the plaintiff next come  into the county of Somerset and aver that Brownlow goldsborough er p such a  day he come into the county of Somerset videlicet at t in come Somerset and  that the defendant though often request have not pay and exception take  because the plaintiff do not allege in big count that he give notice to the  defendant when he come into the county of Somerset but not allow and judgement  give for the plaintiff and note when a man assume to pay money or do any thing  upon condition the defendant may take issue upon the condition and needs  Brownlow goldsborough not plead non assumpsit but if he plead non assumpsit  then he confess the performance of the condition which mark judgement arrest  for incertainty in the count and for that the promise be make by infant
CODNER plaintiff against dalber defendant enter Hillar James b r rot a action  of debt upon a bind in a action of debt upon a bind upon oier demand the  condition of thebond appear to be for the save of the plaintiff harmless be  bail for the defendant to this action of debt thus bring the defendant plead  quod freely absolute to free h prefato ballio upon this plea the plaintiff  demurrer in law because he do not show how he have save he harmless cook chief  justice for the defendant to say by way of plea quod freely absolute he have  discharge he this clear be not good for he ought here to show comment so that  the court may judge of the sufficiency of the discharge the court all agree  herein that the plea be not good and so by the rule of the court judgement be  give for the plaintiff
coffin vers gunner Geo c leave give to charge a felon convict with process l  raym Barnard TR S c the defendant be convict upon the black Act and order to  be pardon on condition be transport himself and the Act work no forfeiture of  good or land wheat move for leave to charge he in a civil action and upon  consideration that it be not to hold he to bail or restrain he from perform  the condition of his pardon the court give leave to charge he with process  that the plaintiff may proceed to get execution Foxworthys case ld raym salk  Mod contra in the case of attainder for felony say vide Ramsay v Macdonald  black will Fost and the opinion of foster I there
cogan v cave Dec the bill deliver amount to pound S d it be tax at pound S d  in regard only pound S d be take off which be not a thirteenth part it be  refer back to the master to tax the solicitor the cost of the taxation dickens  er p
coger and child in debt upon indenture of charter party whereby the defendant  do covenant to part owner after oyer the defendant plead that he be no party  to the indenture Keble er p which be a ill plea and shall be non be factum its  by a per quod testatum step forth which be ill in debt though not in covenant  but per curian its well enough here in debt as on article though testatum step  forth in debt on demise be ill say adjornatur post
cokain plaintiff against GOODLAGE defendant cokain plaintiff against Goodlage  defendant in a action of debt upon apprentice bind enter Pas James b r rot hob  in a action of debt upon a obligation upon a apprentice bind the case be this  Goodlage do bind his son as a apprentice with cokain and do enter into bind  condition that his son shall make and render to Bulstrode cokain his master  good and just account de omnibus good money mercenary without the embezzle or  make any away that if he do embezzle any thing upondue proof make of this he  will pay the same to he within three month after demand upon due proof make  thereof upon this bind the plaintiff bring his action the defendant plead that  his apprentice have embezzle nothing and that no proof be make against he for  any thing nor any notice to he give of this nor any Bulstrode er p demand make  the doubt in this case be touch the manner of the proof and what proof this  shall be Fleming chief justice before the payment here to be make there bught  to precede a account and upon this account arrearage to be find and in this  account the proof ought to be make and be can be find to be in arrearage but  by proof make and where there be a certain time limit for payment of the money  after p oof make there the proof ought to proceed the payment so here in this  principal case he ought to make his proof before and to give notice of this to  the defendant before his action bring the which he ought not here to have  bring before the three month end accord to the condition of the bind and so  the action not well bring be before his time William justice and the whole  court agree in this clear quod to express grief nil to take in hand per  billarn
coke a ASHPOLES case Trin Elizabeth in c b rot to charge the hundred the  robbery must be in the daytime SC Leon Leon Anders Goldsb between Ashpole and  the inhabitant of evenger it be resolve by the whole court although the  statute be general and do not make mention of any time that the robbery ought  to be commit in coke b the daytime a though it must be prove yet it need not  be aver in the declaration that the robbery be in the daytime young v hundred  of Fedcombe I show SC Carth if there be sufficient light to discern and  distinguish a man countenance though before sunrise or after sunset the  hundred will be liable may v hundred of Morley cro James serjeant williams  note to Pinkney v inhabitant de rotel sand a and out of the a Inst more Leon  say Goldsb Cr Elizabeth a night and there the case be that a robbery be commit  in January present after sunset during daylight and it be adjudge that the  hundred shall answer because it be a convenient time for man to travel or be  about their business or work and therewith agree the book in Edward Coron b  Stamf cor b b that if one kill another at the hour of evening and escape by  the commonlaw the town shall be amerce for it be in law account part of the  day and not of the night
coke a Bentham case mich James in annuity the jury find for the plaintiff but  do not assess any damage or cost the plaintiff release his be damage and cost  and have judgement and upon error the judgement be affirm note a insufficient  assessment of damage and no assessment be all one SC Bulstr roll Rep jenk cent  roll roll marsh bring a writ of annuity against Bentham and the party come to  issue which be try for the plaintiff and find the arrearage c but the jury do  not assess any damage or cost which verdict be imperfect and couldnot be  supply by writ of enquiry of damage a but the plaintiff release his damage and  cost and thereupon have judgement upon which the defendant bring a writ of  error and assign the error aforesaid sure the insufficiency of the verdict say  judgment off rmalur because the plaintiff have release his damage and cost  which be for the defendant benefit vide Elizabeth dyer where in a writ of  ejection custodice terr et hredis the jury assess damage entire which be  insufficient but for the heir it do not lie yet he release his damage and have  judgement for the land notam a insufficient assessment of damage and no  assessment be all one
coke a Broughton case mich Elizabeth in the king bench bind to save harmless  against another bind the obligee come to the place where the money due on the  first bind be to be pay on the day of payment and perceive no person there to  pay the money due upon it he pay the money to the obligee in the first bind  hold that he may well do so and sue upon the counter bind terror of suit be a  damnification in debt in the common plea by Broughton against pretty on a bind  the condition be that where the plaintiff be bind in a bind of for the  defendant for the payment of to a b if therefore the defendant shall save and  keep harmless the plaintiff for all suit quarrel and demand touch and concern  the say bind of that then this obligation to be void at the day of payment of  the the plaintiff come to the place where the ought to be pay and perceive no  person there present to pay the for the defendant he to save the penalty of  the bind pay the to a b and now bring this action on his counter bind and on  non to be injure plead the plaintiff reply and show all the say special matter  and thereupon the defendant demurrer and it be adjudge that the plaintiff  shall recover for the payment of the be vent Jones Bulstr Cr Elizabeth roll  Owen Cr car Cr James dyer pl Yelv Bulst a a damage and harm and if he have not  pay it a great harm will have follow and it be not necessary that the  plaintiff be arrest or sue c also it be say that this plea non to be Doctrin  placit b injure imply that the defendant have save he harmless as by coke  report a er p release payment or otherwise vide e b by Bryan and Littleton  terror of suit so that he dare not go about his business be a damnification Cr  James roll Bulst Bulst e b a Br condition c although he be not arrest or force  by process c Acc touch Com dig Cond I a
coke a case OF custom hill Elizabeth in the exchequer custom post see the case  of Reniger c blow c a merchant bring eighty weight of baysalt by sea to a  haven in England and out of the ship sell twenty weight and discharge they to  another ship in which they be transport but the say twenty weight be never  actual put on shore and for the residue videlicet he agree for the custom and  put they upon land and now the doubt be upon the word of the statute of  Elizabeth cap coke concern a Inst hale PC black command coke report er p  exportation videlicet send from the wharf key or other place on the land and  concern importation take up discharge and lie on land if in this case the say  twenty weight which always be waterborne and never touch the land ought to pay  custom as well inward as outward and it be resolve that in both the case  custom ought to be pay for the discharge out of the ship upon the sale  aforesaid amount in law to a put they upon the land for in the law this be  infra coqus comitatus and if the law shall not be so take the king may be  defraud of all his custom and in this case forasmuch as no custom be pay it be  resolve that the good be forfeit c a
coke a clayton case pasch Elizabeth rot in the common plea r lend c on the  that December until the and June follow and then c be to pay r if the son of c  be then alive if not then c be to pay but hold to be usury SC and more Vid the  entry   Ent pl Bulstr palm more and Cr James   light b before b side Inst  between Reighnolds plaintiff and Clayton defendant in a action of debt on a  coke report b er p bind of the case be Clayton request Reighnolds to lend he  and on communication betwixt they Reighnolds do lend Clayton Dec Elizabeth  until the second day of June next follow to pay he for the principal and loan  of it at the say second day of June if the son of the obligee be then alive  and if he die before the say day that then he shall pay he but which be less  than the principal and it be resolve by the whole court that it be a usurious  contract within the statute accord to the opinion of Popham chief justice  before and for the reason there give by he interest to say ub use et cere  quasi interest I e use wax et interest be just that which is fixed quod near  coke b use rei well ceri mutualce keep back and this description agree with  this judgement for if on the first contract he who lend reserve no certain sum  for the loan but secundario to hope de to some place retribution ad will he  who P  of mutuor be hoc non be full of vice vide Glanville lib cap lib cap  what be the old law of this land concern usury vide etian law consecrated  eduvardi c a per Doderidge justice in Robert v Tremaine cro James if the  casualty go to the interest only and not to the principal it be usury for the  party be sure to have the principal again Vid send for with clayton case Com  dig usury a Bac ab usury c vin ab usury e hawk PC Vol three atk a
coke a collier case hill Elizabeth in the common plea devise to a pay to one  twenty shilling and to other small sum a take the fee otherwise if the payment  be to be make out of the profit of the land SC Cro Eliz Mod r Q a between a  Swinb a collier and walker the case be such a man have issue a daughter and by  his will in write devise part of his land to his daughter and the other part  to his wife for life with the profit whereof she shall bring up his daughter  and that after his her death it shall remain to his brother pay to one twenty  shilling b keb Mod Rep light Rep cro Elizabeth cart Jones vent dyer pl Br n c    light b hob cro James godb roll Rep more Bulst bridge   a Leon cro car latch  Benl b and to other small sum amount to S in all and that the land be of the  value of three pound per annum and it be adjudge that the brother have the  feesimple and this difference be take and resolve in this case that if the  devise have be to the brother of the land to the intent that with the profit  he shall educate his daughter or of the profit of the land pay to one so much  and to another so much that be but a estate for life for he be sure to have no  loss so if land be of the value of three pound per annum and he devise that he  shall pay for it twenty shilling or thirty shilling or forty shilling or fifty  shilling per annum to another it be but a estate for life for he may pay it  out of the profit and be sure to have no loss but in this case at bar after  the payment he may die before satisfaction and therefore it be a feesimple for  the law do intend that the devise be for his benefit and not for his prejudice  and by this difference you will better understand the book in e a   a cro  James   light b Swinb Cr Elizabeth Bulst a estate h testament a Vid note Q  Borastons case   a a coke report b er p
coke a cook case Trin Elizabeth in the common plea a common recovery be have  of the manor of Isfield but the record be iffield and it be amend by deed  subsequent recite the recovery by the name of Isfield semble SC Noy nom  Thomson v Warner Challenor bring a formedon against cook of the manor of brown  Bulstr more a Isfield in the county of Sussex the tenant plead in bar a common  recovery against the donee in tail of the say manor the plaintiff plead nul  tiel record upon which they be at issue and the record be iffield either by  the negligence of the clerk or by corruption by draw a stroke and make a fan f  know Isfield for iffield Arid the court be move to amend it and it be resolve  that if it can brown Bulst b appear to they that it be the misprision of the  clerk or corrupt after that it shall be amend and to induce the court to it  the tenant show that the recoveror feoff he who be tenant in tail by deed  which recite the recovery by the name of Isfield and be feoff he by the same  name and diverse conveyance immediate after the recovery and all by the true  name of Isfield and the court agree that it shall be amend and the rather that  it be in a common recovery which be suffer by assent of the party for before b  b jenk cent Poph Cr car   b Noy c assurance of land and thereupon it be amend  and judgement give against the demandant Vid as to amendment of recovery Tidds  practice that Edward cruise rd Edward a case OF pardon
coke a flower case mich Elizabeth in the king bench there can be a indictment  for perjury on stat Elizabeth cap for give false evidence to the grand jury at  session on a indictment for riot so also of perjury suppose to be commit on a  indictment for felony Inst Elizabeth cap roll Rep Leon Goldsb hawk b c  Lancelot flower be indict on the statute of Elizabeth for perjury in give  false evidence to the grand inquest at the session hold at uvisbich c on a  indictment of riot and the indictment be remove into the king bench and the  say flower be by judgement of the court discharge of the indictment for the  statute of Elizabeth cap have two branch the first be against procurer of  perjury and that be in matter depend in suit by bill writ action or  information so that a procurement of perjury on a indictment be out of that  branch the second branch on which the say flower be indict be enact against  they who commit perjury by his or their deposition in any of the court above  mention or be examine in perpetuan rei memory and although this clause be  general and not restrain by any word to such particular suit videlicet by bill  writ action or information as the fast be yet in good construction this branch  shall have reference to the first and shall be expound by it and so one part  of the Act shall a   light a   a   b   a godb roll Rep a expound the other for  otherwise the party who commit the perjury on a indictment will be punish by  this branch and he who suborn and procure he to commit the perjury will pass  with impunity which will be against reason and the meaning of the maker of the  Act for some say quod plus make mistake author how actor and so it be adjudge  in Monday be case in the king bench mich and Elizabeth and the like judgement  be give Trin Elizabeth n the king bench in case of perjury suppose to be  commit on a indictment of felony coke report b er p
coke a gardener case pasch Elizabeth rot in the king bench if on the venire  facias but twentythree be return and twelve appear and give a verdict it be  remedy by stat Elizabeth the original be Elizabeth but Q shall it not be  between Tirrel and gardener on issue join Benl Cr Elizabeth Brownl Cr car  before a Jones roll Cr James lateb Savil side show a juror be only return  whereof do appear and give a verdict and that be move in arrest of judgement  and on great deliberation it be resolve that it be remedy by the statute of  Elizabeth cap and thereupon judgement be give accord which be the case cite by  Wray chief justice in the case next before
coke a nichols case mich Elizabeth in the king bench to debt on a single bill  the defendant plead payment without acquittance and on issue join it be find  for the plaintiff and hold that it be help by stat h Elizabeth SC cro  Elizabeth more jenk cent salk Cr Elizabeth Brownl more die pl roll pl Cr car  Cr James Noy latch Jones hob keb pl winch hut Bulst Benl hard lane style  chamberlain bring debt against Nichols on a single bill the defendant plead  payment without acquittance on which they be at issue and find for the  plaintiff and although payment without acquittance be no plea and issue be  join on a thing not material for if the defendant have pay the sum without  acquittance yet the single bill remain in force but forasmuch as there be a  issue join on a affirmative and a negative which issue be find for the  plaintiff it be express help by the statute of h Elizabeth and on that the  plaintiff have judgement on which judgement a writ of error be bring on the  new statute Elizabeth c a and there on good consideration the judgement be  affirm quod notam but now by stat Ann c if the money be pay any time before  the action bring it may be plead a
coke a pilkington case pasch Elizabeth in the king bench on a distress for  damagefeasant amends may be tender till the cattle be impound but after  impound the tender come too late tender of amends to the bailiff be not good  SC cro Elizabeth Vid the entry   Ent pl between Pilkington plaintiff and  Hastings and other defendant in replevin it be resolve by the whole court that  when a distress be take for damagefeasant that the party may tender amends  till the cattle be a   b hetl Brownl Inst light Rep a impound but after that  they be in the custody of the law then the tender come too late vide h e and  so it be adjudge Trin Elizabeth between Nevil and Segrave a accord to the  report of Nevil v Seagrave cro Elizabeth the court hold a tender after impound  to be good but Vid Firth v Purvis TR that upon a distress for rend proof of a  tender of the rend after the impound of the distress be no bar to a action on  stat W m c for poundbreach and Vid Hopkins v schrole I Bos pull a it be  resolve that tender of amends to the bailiff b Cr James roll Rep roll Rep hob  Brownl b be not good for he can deliver the distress once take no more than he  can change the avowry of his master or demand rend on a condition of reentry b  this must be understand of a bailiff without any special authority for the  demand need not be make in person but may be make by agent and in the case of  natural person it seem the authority to make the demand and receive the rend  may be by parole zouch case cro Elizabeth SC Moor Vid roe v Davis east but  corporate body can depute such a authority without deed which must specify the  land in question and the tenant upon who the demand be to be make roll ab Corp  king knap v pier Brownl b
coke a rise case mich Elizabeth a lease to a and his assign habendum for his  life and for the life of b and c be but one estate of freehold to continue  during these three life and the survivor of they SC more cro Elizabeth gold  between Peter rise and Aldwick in a ejection firm which begin pasch Elizabeth  rot the case be such a lease be make to a and his assign habendum to he during  his life and the life of b and c and if this limitation during the life of b  and c be void or not be the question and it be adjudge that the limitation be  good for where it be object that when a man have two estate in he the great  shall drown the less and that a estate for his own life be high than for the  life of another and therefore a estate for his own life and for the life of  other can stand together to that it be answer and resolve that in the case at  bar the lessee have but one estate which have this limitation sure during big  life and the life of two other and he have but one freehold and therefore  there can be any drown of estate in the case but he have a estate of freehold  to continue during these three life and the survivor of they Vid utty dale  case cro Elizabeth press on cony a
coke a SENDILS case Trin Elizabeth in c b if a man be rob in his own house be  it in the day or in the night the hundred in which the house be shall not be  charge with it Trin Elizabeth t be hold by the whole court of common plea in a  case which happen in Harleston in the county of Suffolk that if a man be rob  in his b cro Elizabeth Acc Leon Acc Inst more Acc b house be it in the day or  in the night the hundred in which the house be shall not be charge with it for  although the word of the say Act be general without speak of any place in  special yet such robbery be not within the say Act for three reason because  every man house be his c cro Elizabeth   a   b   a   a Bulstr c castle and he  ought to keep and defend it at his d Leon cro Elizabeth Mod v     c see Wilson  d peril and if any one be rob in his house it shall be esteem his own default  and negligence ib be not lawful for any other to enter into the house of  another for the safeguard of it without the owner consent such robbery for  which the hundred shall answer by force of the say Act ought to be commit open  so that the country may take notice of it themselves for it be adjudge in  Ashpoles case next follow that it be not necessary to have hue and cry or  notice give to the country neither by the word of the say Act of Edward nor by  the meaning thereof for it may be that the party rob be bind or maihemed c so  that he can make hue and cry or give notice to the country but when a robbery  be secret do in a house they can take notice of it a so if a man be seize in  the highway and carry into a mansionhouse and there rob he will be without  remedy per holt CJ Cooper v hundred of Hasingstoke l ray SC salk a coke report  a er p
coke a sir henry constable case pasch James the son of one who hold land of  the king by knight service in capite be knight the father die the son within  age tender his livery and continue it hold the mesne profit and rate of his  nonage be save sir Henry constable knight of the tenth year James die seize of  a estate in feesimple of land hold of the king by knight service in capite a  tenor by knight service c abolish car c a Henry constable his son and heir be  within age and make a knight in the life of his father Julii year James Henry  the son accomplish the age of twentyone year Henry the son tender his livery  after the death of his father before his age of twentyone year and continue it  and the question be whether the profit of the land shall be save to he by the  say tender and continuance whether the king shall have the rate within the age  of twentyone year and both question be clear resolve against the king and that  the king shall have primer seize as if he have be of twentyone year at the  time of the death of his coke report b er p father because the king be the  sovereign of knighthood have adjudge he of full age to a light sect   b b b Cr  James   b hob   a Plowd a a do knight service in the life of his father for  the reason report at large in sir draw Druries case in the six part of my  report fol all which be affirm for good law by the chief justice and chief  baron
coke a the case OF soldier Trin Elizabeth the statute of h cap and h cap be  perpetual act the word king include all his succession SC and jenk cent this  term all the judge of England meet to consider upon the statute of captain and  a Cr car hut a soldier for diverse soldier after they be press and go towards  Ireland to serve against the rebel there and before they do serve in the war  do depart and withdraw themselves and it be resolve by they that the statute  of h c be now of little force for the b   light a Molloy Inst b ancient manner  of retain soldier to which the say Act do refer be now utter change for then  knight or gentleman do covenant with the king to serve he in the war for so  long time with such a number of man and the soldier make their covenant with  their captain as appear by many precedent in the exchequer and as appear by  the preamble and body of the say Act and the statute of e cap extend only when  a soldier depart after he have serve the king in his war but it be resolve  that the statute of c rastal captain Inst c h cap h cap which be all of one  and the same effect and pen in the same word be perpetual act and be not make  only for the reign of the say several king as it seem to rastal in his  abridgement of the statute for this word king include all his d Plowd b a  finch lie a Inst Inst Inst   light b jenk cent Yelv b n c dyer pl d succession  for the king die not in respect of his political capacity and a gift to the  king enures to his successor and coke report b er p accord to this resolution  diverse soldier be attaint and execute vide Elizabeth dyer chester case the  opinion of all the justice of both bench that the statute of h cap have  continuance against the opinion of rastal
coke a the dean and chapter OF Windsor case mich Elizabeth in the king bench  covenant by lessee for he and his executor to repair bind the assignee  estovers grant to repair a house be appurtenant to it lessee covenant to  discharge the lessor de omnibus load c c to repair the assignee be bind SC cro  Elizabeth more in the king bench between the dean and chapter of Windsor and  hide the case be such a man demise a house by indenture for year the lessee  for he and his executor covenant and grant with the lessor to repair the house  at all time necessary the lessee assign it over to hide who suffer it to decay  the lessor bring a action coke b of covenant against the assignee and it be  adjudge by Popham chief justice and the whole court that the action of  covenant do lie although the lessee have not covenant for he and his assign  for more roll sand Cr James side Cr car Jones Anders a such covenant which  extend to the support of the thing demise be in a certain way appurtenant to  it and go with it Vid ante n a Spencer case p a a and in respect the lessee  have take upon he to hear the charge of the reparation the yearly rend be the  less which go to the benefit of the assignee postea a   a   b   light a Inst  carter keb b who perceive just sentir debet onus if a man grant to one Ant b f  n b n c estovers to repair his house it be appurtenant to his house f n b h  dyer pl c d if the lessee covenant to discharge the lessor de omnibus load  regular supplementary and to repair the house a action lie against the  assignee
coke a the earl OF pembrokes case mich Elizabeth in the king bench in the same  term a deed be show the other party may pray that it may be enter in hc word  and afterward he may demurrer or take issue on it or may show a condition in  the deed c but in another term the deed shall not at his prayer be enter in hc  word SC but not S p more Poph cro Elizabeth Goldsb and in a action on the case  bring by the earl of Pembroke against sir Henry Berkeley for interrupt he of  certain walk in the forest of selwood the defendant plead a grant of they by  the say earl to the Lord Maur Berkley in tail by deed show forth it be hold by  Popham chief coke b justice and the whole coke report b er p court that in the  same term the plaintiff may pray that the deed be enter in haec word and  afterward he may demurrer or take issue at his pleasure but in another term  the deed shall not at his prayer be enter in hc word although he will demurrer  on it for then the deed be out of court and afterward the deed on the prayer  in the same term be enter in hc word the earl plead that beyond per  scriptpredictum to see in advance to be without show forth any part because  the deed be enter in hc word quod notam good policy and the earl show the  condition and the breach of it notam bene see in this case in Popham c many  thing touch covenant condition c note to former edition
coke against whorwood award that one shall be bind with surety good as to the  party void as to the surety SC sand keb assumpsit to perform a award by which  the arbitrator award the defendant shall he bind with sufficient surety to the  plaintiff for the payment of a certain sum of money and for breach assign that  the defendant do not become bind to the plaintiff modus form as be award and  upon demurrer it be adjudge that though the award be void as to the find of  surety it be good as to the defendant himself and the breach well assign that  he do not become bind and the modus form only shall relate to himself and not  to the surety
coke and CHAPNES the remedy for a escape in a action upon the case bring by  the plaintiff who tam c against the sheriff of Derby for a escape of one  Darford take upon a capias utlegatum in mean process Mr gapper have obtain a  rule to show cause for arrest the judgement for that he insist the action will  not lie Mr draper come now to show cause and mention two case one in cro  Elizabeth the other in cro James where this action have lie and he say in Lutw  it be determine this action will lie for a escape on a excommunicate to take  in hand in mean process but debt he do agree will not upon the statute of  Richard Mr gapper on the other side say that the plaintiff be at the end of  his suit when the defendant be take upon a capias utlegatum in mean process  and must begin his action de to make new for which reason he submit it that  the escape be no prejudice to the plaintiff and to this purpose he cite h then  in answer to the first of these case cite on the other side he say it do not  appear whether the capias utlegatum be in mean process or not and as to the  second he say this exception be not take judge page say upon a application to  the court of exchequer they will order the defendant good in this case that  have be take upon the capias utlegatum to be assign over to the plaintiff and  the court Barnardiston king b think the plaintiff suffer a injury by this  escape accord give judgement for the plaintiff
coke award OF capias UTLAGATUM by justice OF the PEACC in the same term the  opinion of all the court of common plea be that if one be outlaw before the  justice of assize or justice of peace upon a indictment of felony that they  may award a capias utlagatum and so be the opinion of periam chief baron and  all the court of the exchequer as to the justice of peace for they that have  power to award process of outlawry have also the power to award a a capias  utlagatum as incident to their authority and jurisdiction see the statute of  the Henry cap for certificate of a short transcript of every attainder  conviction or outlawry of felony by the clerk of the assize clerk of the peace  c into the king bench on penalty of S c and note well that such transcript be  by the say Act make to be of as great force as the record itself see Lambert  in his justice of peace fol contra but see Edward cap justice of peace in case  of profanation of the sacrament shall award a capias utlagatum throughout all  England
coke b butler and GOODALES case pasch Elizabeth in the king bench on the stat  of h of nonresidence it be resolve that the parson ought to reside in the  parsonagehouse and not in another house although within the same parish lawful  imprisonment without covin or the nonexistence of a parsonagehouse in the  parish or sickness without fraud be good excuse for nonresidence S c cro  Elizabeth more Goldsb between a Brownl keb a Goodale informer tam pro see c on  the statute of h ch of coke report a er p nonresidence and butler parson of  Downham in Norfolk on a special verdict it be resolve by the court that the  parson ought to abide on his rectory videlicet the parsonagehouse and not in  another house although it be within the same parish for the statute b h c raze  Ent pl say keb brown Bulst b intend not only for serve the cure and for  hospitality but also for the maintain of the house and habitation of the  parson not only for himself but also for his successor that they also may keep  hospitality there and there it be agree that lawful keb imprisonment without  covin be a good excuse of nonresidence so if there be not any parsonagehouse  there for c burr   a   a   a   a   a   light b   light a hard c powerless  excuse law and these case be except out of the Act by construction of law and  note that it be hold in the exchequer Trin Elizabeth that d keb Bulst vent d  sickness without fraud be also a good excuse videlicet if the patient remove  by advice of his e keb Bulst e physician good fide for better air and for  recovery of his health a the statute which at present regulate the residence  of the clergy be Geo c a
coke b Clifton case mich Elizabeth in the common plea if a woman tenant for  life take husband who commit waste and afterward the woman die the husband be  not within the statute of Gloucester and shall not be punish for this waste  die   Fitzherbert waste Fitzherbert judgement Fitzherbert damage Inst f n b  Inst Reg raze Entr in a writ of waste between though Southcote Esq plaintiff  and John Clifton defendant the form of the writ be such si Thom Southcote arm  to make c summon Johan sit e quare cum e idem Johannes de terris house kind of  water fowl garden in to hold ad vine margarete recently wife sum in jure Self  Margaret de prfat one how idem Thomas ind fecit prfat Margaret cuidan Petro  Carew military spirit quond man his ad vine the same Petri Margaret fecit  empty sale destruction ad exheredilationem Self Thom contra form provision  predict ut to say c habeas c teste februar year and it be resolve by the whole  court in the Com plea that the say writ do not lie for the recital of the writ  be quare cum de common council royal power our men England to see in advance  sit quod non lice atalicui empty sale seu distructionem to make de terris c  Himself lowly ad lerminum vit well a year c and in this case the husband have  not any estate for life in this land but the wife have the estate for life and  the husband have it only in her right and so he be not within the say Act and  therefore a roll roll Cr Elizabeth Inst   light a   Ent pl b a if a coke  report a er p woman tenant for life take husband who commit waste and the wife  die the husband shall not be punish for this waste note reader this judgement  give on consideration of the stat of Gloucester cap of the opinion obiterin h  by strange and Cotesmore e e waste in Statham
coke b Eden case mich Elizabeth in the king bench in trespass quare enclosed  space to break in pieces the defendant justify under a grant from the queen by  letter patent the plaintiff take issue on the grant hold the trial shall be  where the land lie note mich Elizabeth rot in the king bench in trespass quare  enclosed space to break in pieces at Martham in come norf by Thomas Eden and  William franklin against Edward brown the defendant plead that the queen be  seize in fee in right of her crown and by her letter patent under the great  seal hear date at Weldhall in come Essex c to go away tenement prd in who c  cuidan a b c the plaintiff coke report a er p take issue quod non to go away  tenement prd per predictas litter patenes and this issue be try in the county  of Norfolk where the land lie and not where the letter patent bear date and  the jury find for the plaintiff and it be move in arrest of judgement that it  ought to have be try where the letter patent bear date non allocaturper curian  for the letter patent be matter of record and show to the court under the  great seal can be deny nor can the party plead nul liet a Doct pl hard side  cro James Plowd b a   light b a hob a record against they be show under the  great seal and therefore the effect of the issue of b hard hob   light a a   b  Doct pl cro h b b non to go away be that the queen have nothing in the land or  that the tenement do not pass by the letter patent a Acc Baddeley v  Lippingwell burr a in which case it shall be try where the land lie and so two  be adjudge vide Elizabeth die mark Eliz
coke b FOLIAMBS case Trin Elizabeth in the king bench a writ of estrepement  lie in a action of waste as well at any time before judgement as after and  before execution the sheriff by this writ may resist they who will do waste  and if necessary may arrest they or make a warrant to other to do it or he may  take the posse comitatus to help he in a action of waste by Foliamb against  sir William bow and his wife the plaintiff have a estrepment direct to the  sheriff and in this case two point be resolve that a writ of estrepment lie in  a action of waste a Cr Elizabeth more Inst r estrepement a as well at any time  before judgement as after judgement and before execution for without question  he can recover damage for more than he have contain in his count and he can  assign any waste make after the writ purchase for the word of the writ be  fecit empty in the preterperfect tense and therefore he can assign waste make  after the writ where the word of the writ be flute prcipimus quod ad  messuagium prd of acceden altogether regular facias quod empty seu estre  pamentum de eoden messuagio contraformam to cause to stand prd non fiat  pendent plea predict indiscusso it be resolve that the sheriff by force of  this writ may resist b Inst Bulst hob b they who will do waste and if he  otherwise can not he may imprison they and make a warrant to other to do it  and if it be necessary he may take the posse comitatus to help he because when  to some degree manda manda all things per quod come to ad mock and so a doubt  in diverse book sure e e thou h b a Fitzherbert estrepement Br estrepem a h a  b h a Br estrepe b h f n b you c king l well resolve a the writ of estrepement  have long since be supersede in practice by the present mode of apply to a  court of equity for a injunction to stay waste Vid black Com a
coke b HALLINGS case Trin Elizabeth rot in the common plea covenant to make a  estate in fee before such a feast at the cost of the covenantee the covenantor  ought to do the first act by advertise the covenantee of the manner of the  assurance SC cro Elizabeth Owen more u vide the entry   Ent pl Poph allein  godb Anders roll Rep cart kelw a more   Edward b pl hut cro Elizabeth bennet  case between haoe and Convard in debt on bind for performance of covenant it  be adjudge that where the covenant be that he shall make a estate in fee  before such feast at the cost of the covenantee that the covenantor ought to  do the first act sure notify to the covenantee what manner of estate he will  have so that the covenantee may know what sum of money to tender and it be say  it be all one when the covenant be general and when it be particular as to  make a feoff the covenantor ought to do the first act sure show what manner of  feoff he will make either by deed poll or by indenture c so in the principal  case if nothing be do before the day the covenant be break because the  covenantor ought to have do the first act and so the default be in he Acc Com  dig Cond h and Vid black v Dymoke bing and the case there cite a
coke b ROSEWELS case pasch Elizabeth covenant in a bargain and sale of land in  fee for further assurance as the counsel of the bargainee shall advice the  bargainee though bind in the law can advice but some of his counsel ought SC  cro Elizabeth between more and Rosewel it be adjudge that if a man bargain and  sell land in fee and covenant to make further assurance to the bargainee as  his counsel shall b by stat Ann c every venire facias in civil case shall be  award of the body of the county since this Act it have be hold sufficient in a  declaration to allege a county for a venue without name a parish or place ware  v boydell m S coke report b er p devise in this case the bargainee Cr  Elizabeth roll more a himself although he be learned in the law can devise the  assurance but some of his counsel ought to devise it and therewith agree the  book in h a Br condition Fitzherbert bar cart b h postea a Br condition Cr el  c h a for if the party himself may devise it then it will be no plea to say  quod a council non devoted to advisamentum vide h b Br condition d h Acc touch  Com dig Cond h a
coke b style be case hill Elizabeth in the king bench to make a deed a  indenture there must be a manual act of indent the parchment or paper the word  hc indentura if the deed be not indent do not make a indenture SC Cro  Elizabeth roll between Frampton and style in debt upon a obligation the  defendant say that it be on condition to perform covenant in a indenture hic  in curian lengthen and in truth the deed be not indent but write hc indentura  and it be adjudge that it be Brownl   light b a Inst Cr James a not a  indenture although it be in two part for the word of a deed can make it indent  but to the make of a indenture there ought to be a manual act of indent of the    light b b a Inst roll roll Rep dyer a b b parchment or paper and because the  defendant do not show any indenture the plaintiff have judgement if the deed  be actual indent and there be no word of indenture yet it be a indenture in  law for it may be a indenture without word but not by word without indent    Litt b touch corn dig fait c it be say Bac ab lease e that if only the form of  indent the parchment or paper be want this be not material since it may be do  even in court a
coke b the case OF the orphan OF London pasch Elizabeth in the king bench if  any orphan of London sue in the ecclesiastical court or in the court of  request e for any good c due by the custom of London or by devise or legacy in  the will of their ancestor or to have a account c prohibition lie if the lord  of a manor have probate of will within his manor prohibition lie to restrain  the ecclesiastical court from grant probate of such will roll Inst march Inst  note it be resolve by the whole court that if any orphan of London who be by  the custom of London under the government of the mayor and alderman of the say  city sue in the ecclesiastical court or in the court of request c for any good  money or chattel due to they either by the custom of London or by any devise  or legacy in the will of their ancestor or to have a account that a  prohibition will lie because the government of the orphan of the city of  London do appertain to the mayor and alderman of London and they have  jurisdiction of they and Popham chief justice say that if the lord of the  manor have probate of will within his manor if any such will be to be prove in  the ecclesiastical court a prohibition lie because the jurisdiction belong to  another otherwise the party may have double trouble and I have see two  precedent of prohibition grant in the say custom of the orphan of London Vid  Hensloes case   b
coke b WYRRALS case hill Elizabeth in the exchequer a general pardon except  debt due to the queen and also except all debt c forfeit by reason of outlawry  and whereof any grant c have be make to any person by these exception a debt  original due to a subject as where the conusee in a statute staple be outlaw  be not except Inst hill Elizabeth rot the case be such Thomas Wirral and  jasper bosvile be bind to Henry thwait in a recognizance in the nature of a  statutestaple Feb Elizabeth of and afterward the say thwait be outlaw in the  county of York october Elizabeth and afterward the general pardon at the last  parliament Elizabeth be make and whether this debt be pardon or not be the  question now in this term in the exchequer and it consist on two exception in  the say pardon sure and also accept out of this pardon all debt which be or be  due to our sovereign lady the queen c or to all any to her use by any  condemnation recognizance obligation or otherwise c and also except out d this  pardon all good chattel debt action and suit already forfeit c by reason of  any outlawry and whereof her majesty by her highness letter patent have before  the last day of this present session make any grant covenant or promise to any  person or person and it be resolve that by the last exception it be prove that  the intention of the queen be not to include light Rep Swinb a debt which  accrue to her by outlawry within the first exception for there be a special  save and in a special manner for they by the last exception also the general  pardon be to be take most before b kelw a b   b latch godb b beneficially for  the subject and most strong against the queen
coke baker and hall case Trin James the take away a woman against her will if  she have nothing nor be heir apparent be not within the stat if neither be it  within the statute unless follow by marriage or defilement clergy be take away  from principal and procurer before by stat Elizabeth cap note the receiver of  the woman be principal but not the receiver of they who take the woman for  they be but accessary before hawk ch per tot hawk ch Inst Inst far state trial  vol note that upon consideration of the statute of h cap it be resolve by coke  report er p coke chief justice of the common plea Yelverton William Snig and  other that whereas it be provide that what person soever who take a woman so  against her will c although that the body of the Act extend to take only yet  in respect to this word so it have relation to the preamble to such person as  be describe in the preamble sure have substance it be agree by all that if the  wife have nothing nor be heir apparent it be out of the statute for the  statute will not have be so curious in describe the person and all in vain  this word so relate to the quality and event of the take mention in the  preamble sure to be marry or defile for if she be not marry or defile it be  not such a take so id be so marry or so defile and it be not reasonable that  so shall have relation to the take which be more remote and not to the  marriage or the defile which be near quod to be concession c and clergy be  take away by the statute of Elizabeth cap for principal or procurer before  vide Stamford fol b accord and so be the law take in the and Ph and mark as  justice dallison report vide lamb justice of PeAcc note the receiver of the  woman be principal but not the receiver of they who take the woman for these  be but accessary vide lamb ibidem
coke crown note if a man be convict or have judgement of death for a felony he  shall never answer by the commonlaw to any felony do before the attainder so  long as the attainder remain in force vide Elizabeth cap Elizabeth and at this  da if a man be adjudge to be hang and have his pardon he shall never answer to  any felony before for he can have two judgement to be hang aliter if the first  attainder be reverse by error so if a man be outlaw and by that attaint of  felony coke he can be arraign of any felony before for he can be twice attaint  vide h Coron case deal appeal c
coke custom OF London mich James salk lev lev show Bac ab custom of London c  Com dig guardian g note that if a man give to one of his child a certain sum  in his life and after coke report er p die although this be not give as a  child full portion yet it shall be sufficient for he but if the father by  write or by will do declare that it be but part of a child portion then he  shall have a full child part otherwise not but some make a difference where  this sum so give and declare to be but for part shall be account upon account  parcel of the entire estate or not that be to say if the issue so in part  advance shall have so much as amount to a child part and that the wife and the  executor shall gain thereby where that this portion so give shall be of no  benefit to the wife or the executor as if a man have two child and give to one  of they a hundred pound in part of his advancement and then die worth nine  hundred pound in this case the wife the issue not advance and the executor  shall have but three equal part of the nine hundred pound videlicet three  hundred pound apiece and then this hundred pound so give shall be in hotchpot  between the child which as I think can be for then there shall not be equality  among the issue as the custom do require who ought in my opinion to have the  precedency of favour if any be
coke de modus kill a prohibition be obtain upon a prescription de modus kill  by payment of a certain sum of money at a certain day upon issue the jury find  that the sum be Payable at another day hold No consultation shall be grant  note it be adjudge Elizabeth n the king bench that where one obtain a  prohibition upon prescription de modus kill by payment of a certain sum of  money at a certain day upon which issue be take and the jury find the modus  kill by payment of the say sum but that it have be pay at another day and the  case be well debate and at the last it be resolve that no consultation shall  be grant for although that the day of payment be mistake yet it appear to the  court that no tithe in kind be due for which the suit be in the spiritual  court and the trial of the custom de modus kill belong to the commonlaw and a  consultation shall not be grant where the spiritual court have not  jurisdiction of the cause Tanfield chief baron have the report of this case
coke devise note it be hold by the judge in the king bench that if a man be  possess of a house and term for year do devise to pious use for year and then  do dernize this to his wife for life the remainder over and die all his debt  be pay if the widow enter general and convert the profit to her own use and  not to pious work this be a determination of her election and this be the  general case and therefore it be good that it be special find
coke dison and BESTNEYS case pasch James in the king bench to say of a  barrister thou a barrister thou art no barrister thou art a barretor thou be  put from the bar and thou dare not show thyself there thou study law thou have  as much wit as a daw be actionable I Danv pl pl pl Burgundy dison say of  Nicholas Bestney utter barrister and counsellor of grey lmm thou a barrister  thou art no barrister thou art a barretor thou be put from the bar and thou  dare not show thyself there thou study law thou have they be to be choose  annual Vid I nol p l that edit a Acc Com dig church you a Vid note a snag v  gee   a coke report er p as much wit as a daw upon not guilty plead the jury  find for the plaintiff and assess damage to upon which judgement be give and  in a writ of error in the exchequerchamber the judgement be affirm a
coke ecclesiastical jurisdiction note by Linwood that it appear that by the  canon ecclesiastical none may exercise ecclesiastical jurisdiction unless he  be within the order of the church because none may pronounce excommunication  but a spiritual person and there it appear that as well the registrar as the  judge ought to be spiritual but now by the statute of the h cap a doctor of  law or registrar although he be a layman may execute ecclesiastical  jurisdiction note also that by the canon no ecclesiastical judge ought to cite  any churchwarden to the court but so as he may return home again to his house  the same day also the canon do limit how many court ex duty they may have  within a year
coke ejectment mich James the writ and declaration in ejection firm be of two  part of certain land without say in three part to be divide and hold good in a  ejection firm the writ and declaration be of two part of certain land in  Hetherset and Windham in Norfolk and do not say in two part in three part to  be divide and yet it be good as well in the declaration as in the writ for  without question the writ be good de two parlibus general and so be the  register see e e ass ass e ass e Bre h e e Bre and upon all the say book it  appear that by the intendment and construction of the law when any part be  demand without show in how many part the whole be divide that there remain but  one part not divide as if two part be demand there remain a three part and  when three part be divide there remain a four part c but when any demand be of  other part in other form there ought to show the same special as if one demand  three part of coke five part or four part of the six c and accord to this  difference it be so resolve in jourden case in the king bench and accord  judgement be give in this term in the case at bar b vide note e Cluns case   a  coke report er p
coke EMPRINGHAMS case pasch James admiralty jurisdiction in this very term a  case be move in the starchamber upon a bill exhibit by the attorneygeneral  against rob Empringham viceadmiral in the county of York Marmaduke Kettlewell  one of the marshal of the admiralty and Thomas Harrison one of the informer of  the court of admiralty in the say county and they be charge with oppression  and extortion that they have fine and imprison diverse of the king subject in  the county of York which no judge of the admiralty can justify for that the  court be not a court of record but the proceed there be accord to the civil  law and upon their sentence appeal and no writ of error lie also the say  Empringham have cause diverse to be cite to appear before he for thing do in  the body of the county as for not repair of the bank of a river which be  within the body of a county also for cut of tree upon his own soil and such  like which be determinable by the commonlaw and not before the admiral for his  authority be limit to the high sea and be out of any county and for these and  other oppression and extortion they be by sentence of the court of starchamber  fine and imprison and a award that restitution shall be make c
coke estray a man seize of a manor to which he have stray appendant by  prescription c by his bailiff seize a ox as a stray within the manor and make  proclamation accord to law and within the year and day let we the manor with  all royalty liberty c and after the year and day pass and dyer sergeant do  move the court who shall have the estray and brown justice be of opinion that  the lessor shall have it forasmuch as he have the possession and when the year  and day be pass the property shall have relation to the time of the first  seizure but a Vid note f case of the Marshalsea   b coke report er p all the  justice be against he and that the lessee shall have it forasmuch as the  property of the stray be not alter nor change before the year and day and the  lord of the manor until the year and day be pass have but the custody so that  the owner may rehave it always within the year and day if he will pay for the  meat of it nor can the ox be labour or use by the lord before the year and day  and therefore he shall be pay for the meat unless it be such a beast as of  necessity ought to be use as a milk cow c a and it be hold that if one take a  stray and within a year and a day it stray out of the manor the lord may  retake it by seizure c
coke felon good forfeiture except in case of outlawry be abolish in by Vict c  mich James the good and chattel of a felon be forfeit immediate by conviction  the forfeiture be not cause by pray clergy Acc I hale PC black command hawk c  sect c sect c a question be move to the chief baron and the justice of  sergeant inn in Chancerylane that if a felon be convict either by verdict or  confession if immediate by his conviction his good and chattel be forfeit and  it be say that if the felon after his conviction pray his clergy that then  clear he shall forfeit his good and chattel for in a certain way this be a  flight because he refuse to be adjudge by the commonlaw and fly to the  privilege of the holy church but it be resolve by the chief baron and the  justice that immediate by his conviction his good and chattel be forfeit and  the pray of his clergy be not any forfeiture for then in case where he can  have his clergy he forfeit nothing until his attainder which none will affirm  and with this agree Stamford a where he say that the good of a felon be  forfeit which he have the day of the verdict give and this be prove also by  the statute of I r where it be admit that the good of a felon convict be  forfeit and may be seize and of the same opinion be the chief justice and the  justice of sergeant inn in fleet street vide Trin Elizabeth
coke HAYNSS case it be felony to steal a wind sheet the property of the sheet  be in he to who it belong when the dead body be wrap in it if apparel be put  on a boy it be a gift in law a man can relinquish his property in good unless  they be vest in another note in the lend assize hold at Leicester and James  the case be that one William Haynes have dig up the several grave of three man  and one woman in the night and have take their wind sheet from their body and  bury they again and it be resolve by the justice at sergeant inn fleet street  that the property of the sheet remain in the owner that be in he who have  property therein when the dead body be wrap therewith for the dead body be not  capable of it as in h a if apparel be put upon a boy this be a gift in the law  for the boy have capacity to take it a but a dead body be but a lump of earth  have no capacity also it be no gift to the person but bestow on the body for  the reverence towards it to express the hope of resurrection also a man can  relinquish the property he have to his good unless they be vest in another and  accord at the say assize he be several indict for take each of these sheet and  the first indictment be of petty larceny for which he be whip and at the same  assize he be also indict for the felonious take the three other sheet for  which he have his clergy and so escape the sentence of death which he well  deserve for this inhuman and barbarous felony a Vid note c Corvens case ante p  a leech n a east PC cap coke report er p
coke HERSEYS case starchamber where a bill be prefer in the starchamber of  mere malice and spite to slander the defendant without any colour that court  may give damage to the defendant John Hersey gentle exhibit his bill in the  starchamber against Antho Barker Knt Thomas Barker counsellor of law Robert  wright doctor of divinity ravenscroft clerk and John Haynes and do thereby  charge the defendant with the forge of the will of one Margery pain and the  cause come to hear ad a contra h PC Pid burn just process coke report er p  requisitionem to ward off and upon hear of the plaintiff counsel there appear  no purpose or presumption against the defendant or any of they but that the  testament be duly prove in the ecclesiastical court and upon a appeal be also  affirm before commissioner delegate and have also be decree in the chancery so  that it appear to the court that the say bill be prefer of mere malice and  spite to slander the defendant without any colour and because the defendant  have no remedy at the commonlaw a for the say slander and if such slander  shall pass unpunished coke it may encourage malicious man to make this court  as a pasquil to fix therein a libel of record to charge those that be innocent  with heinous crime to remain to all perpetuity in this cause it be resolve by  the court that by the course of the court and accord to former precedent the  court may give damage to the defendant and so be it do videlicet two hundred  pound to the doctor of divinity two hundred mark to the knight forty pound to  the clerk a hundred and twenty pound to the woman and it be say that A king of  Corinth ex nothing when be good be prophet send A king of Corinth to some  degree ex nothing when be malum be devilish etplus to speak ill of nocent how  benedicite docent
coke honour and dignity creation OF baronet c pasch James see in re sir I  RivettCarnacs will Ch d report of the home office committee on the baronetage  salk Inst it be resolve by the two chief justice the chief baron the attorney  and solicitor that the king may erect any name of dignity which be not before  and for that reason the king may create a dignity by name of baronet and  create one to be a baronet to he and his heir male of his body issue it be  resolve that if he do not create he of some place he shall not have a estate  tail but feesimple conditional which shall be forfeit for felony a but if he  create he baronet of a place then he shall have a estatetail within the  statute of Westminster de gift Cond and the king may grant to he and the heir  male of his body precedency before knight baronet knight of the have and  knight bachelor and also may grant precedency to their wife son and daughter c  and that he can create any dignity above the dignity of a baronet and under  the dignity of a baron and that the creation of his dignity of a baronet shall  not discharge the heir to be in guard as if the heir be make a knight for he  be not make knight by this for the dignity of a knight be not descendible
coke huge MANNEYS case perjury be punishable at the commonlaw in a information  in the exchequer against Hugh Manney Esq the father and Hugh Manney the son  for intrusion and cut of a great lumber of tree in the county of merion the  defendant plead not guilty and Roland bee Eliza Esq be produce as a witness  for the king and depose upon his oath to the juror that Hugh the father and  the son join in sale of the say tree and command the vendees to cut they down  upon which the juror find for the king with great damage and judgement upon  this be give and execution have of a great part and Hugh Manney the father  exhibit a bill in the starchamber at the commonlaw against Roland bee Eliza  and do assign the perjury in this that the say Hugh the father do never join  in sale nor coke command the vendees to cut the tree and the say Roland bee  Eliza be by all the lord in the starchamber convict of corrupt and wilful  perjury and it be resolve by all that it be by the commonlaw punishable before  any statute and although that the witness depose for the king yet he shall the  rather be punish than for another for the king S the bead and fountain of  justice and right and he who perjure himself for the king do more offend than  if it be in the case of a subject
coke John bailiff case Trin James in the court of ware a writ of they clausil  extremum find that I b be seize of a message or tenement and of the four part  of a acre of land be uncertain and void for the whole and no melius to seek  after shall issue it be find by writ of they to shut extremum that the say  John bailiff be seize of a message or tenement and of and in the four part of  one acre of land late parcel of the demesne land of the manor of Newton in the  county of Hereford in his demesne as of fee and find the other point of the  writ and it be hold by the two chief justice and the chief baron that  messuagium well lenementum be uncertain for property isnomen proceeding by  inference and may contain land or any thing which be hold it be hold that it  be void for the whole because that no town be mention in the office where the  message or tenement or the four part of the acre lie and from the visne of the  manor upon a traverse none can come because it be not adrmed by the office  that they be parcel of the manor but recently parcel of the manor which imply  that now they be not and it be hold by they that no melius to seek after shall  issue forth because that the whole office be uncertain and void
coke jurisdiction OF the court OF common plead hill James the court of common  plea may grant prohibition although no plea be pen there in the last term by  commandment of the king the justice of the king bench and the baron of the  exchequer be assemble before the Lord chancellor Ellesmere at York house to  deliver their opinion whether there be any authority in our book that the  justice of the common bench may upon information to the court which common be  call suggestion grant prohibition or whether of necessity every plea ought to  be pen in the court for such cause and the king will know their opinion in  this case and the judge take time to deliver their opinion until this term and  then Fleming chief justice Tanfield chief baron snigg Altham crook Bromley and  Doderidge Yelverton and William justice be dead since the last term do deliver  their opinion to the say Lord chancellor that the precedent of each court be  sufficient warrant for their proceed in the same a all the book be that a peer  can be degrade but by attainder or by Act of parliament per Eyre I king et Reg  v knoll Mod Vid vin ab Peer f I black command coke report er p court and  therefore as well in the king bench in the exchequer as in the common bench  the judicial precedent in they be good warrant of their proceed and therefore  for a long time and in many succession of reverend judge prohibition upon  information without any other plea pen have be grant issue try verdict and  judgement give upon demurrer all which be in force they be unanimous agree to  give no opinion against the jurisdiction of the court of the common bench in  this case and none of the judge of the common bench be call or present at any  conference concern this matter and yet noose Confradus be etnos to set free to  be etmagna be veritas etprvalet see my particular treatise of the jurisdiction  of the common bench in this point by which the jurisdiction of the court  evident appear
coke manslaughter Trin James king see of bar v shey lt vide keel report king v  Hawgridge I hawk c per totum diverse man play at bowl at great Marlow in the  county of ken two of they fall out and quarrel the one with another and the  three man who have not any quarrel in revenge of his friend strike the other  with a bowl of which blow be die this be hold manslaughter for this that it  happen upon a sudden motion in revenge of his friend in the very same term a  special verdict be diverse year pass find in the county of Hereford the effect  of which that two boy combat together the one of they be scratch in the face  and his nose void a great quantity of blood and so he run three quarter of a  mile to his father who see his son so abuse and the blood run from he and his  clothes and face bloody he take in his hand a cudgel and go three quarter of a  mile to the place where the other boy be and strike he upon the bead upon  which he die and this be hold but manslaughter for the ire and passion of the  father be continue and there be no time that the law can determine that it be  so settle that it shall be adjudge in law malice prepense and this case be  move ad month c
coke Marmaduke langdale case if a woman sue her husband for maintenance before  the high commissioner prohibition be maintainable and the plaintiff shall  count against the high commissioner alone for he can count against his wife in  the case of Marrnaduke Langdale of Leaventhorp in the county of York be sue by  Joan big wife for maintenance before the bishop of Canterbury and other high  commissioner it be resolve per totan curian prcoler Walmsley who doubt of it  that a prohibition which before be grant be well maintainable for this that it  be not any enormity nor any offence within the statute but a neglect of big  duty and a breach of his vow of maintenance also the party shall be defeat of  his appeal and for that reason it belong to the court of the ordinary and the  rule of the court be that the plaintiff shall count against the high  commissioner for against a the court of the king high Commission in cause  ecclesiastical be abolish by stat car cap Vid black Com b Vid note e Mackallys  case   a coke report er p his wife be one person in law with he he can not  count and upon demurrer join the case be to be argue and adjudge upon which  the party grieve may have a writ of error si Himself to see to extricate c see  more fol
coke Pettus and GODSALVES case Trin James in the common plea where a mistake  have be make in the three proclamation on the foot of the fine of the year in  which it be make and the four proclamation be leave out and it appear that the  proclamation upon the record remain with the chirographer and in the book of  the chirographer be proper make the court order the error in the proclamation  to be amend cruise d Edward Tidds practice that Edward   see   part and in a  fine levy Trinity term year quint of this king between John Pettus Esq  plaintiff and Roger Godsalve and other deforciants of the manor of castle with  the appurtenance c in the county of Norfolk where in the three proclamation  upon the foot of the same fine the say proclamation be say to have be make in  the six year of the king that now be which ought to have be make year quint of  the king and whereas upon the foot of the same fine the four proclamation be  altogether leave out but because upon the view of the proclamation upon back  upon the record etnotce Finis the same termini per justice remain with the  chirographer and the book of the say chirographer in which the say  proclamation be first enter it appear that the say proclamation be right and  duly make therefore it be adjudge that the error or defect aforesaid shall be  amend and make to agree as well with the proclamation upon record of the say  fine and entry of the say book as with the other proclamation in back super  pedes another that which divides of the same term and this be do upon the  motion of Haughton sergeant at law
coke Prichard and Hawkins case mich James rot in the king bench where the  declaration in a action on the case for slander aver that the defendant say  that the plaintiff murder the child of a innuendo a certain child of a late  decease the judgement for the plaintiff be reverse on error for it do not  appear that the child be dead at the time of speak the word instead of late  decease it ought to have be then decease Danv pl pl pl to pl John Prichard  bring a action upon the case against Robert Hawkins for slanderous word  publish the last day of August in the three year of the king videlicet that  Prichard which serve mistress Shirley do murder Joan Adam child quandan  isabellam Adam modus defunct son cujusdam John Adam of Williamstre in the  county of Gloucester in exchequerchamber upon a judgement give for Prichard in  the king bench and the judgement be reverse in easter term James because it do  not appear that Isabel be dead at the time of the speak the word for tunc  defunct ought to have be in the place of modus defunct a
coke privilege OF priest note that I see a report in the time of queen mary  upon the statute Edward cap r cap concern the arrest they of holy church that  the say statute be but a affirmance of the commonlaw and in maintenance of the  liberty of holy church as appear by the preamble of the same statute and there  hold that to go Of persons et to delay for to celebrate divine service the  priest ought not to be arrest nor any who aid he in it as the case be of one  who administer to the priest to sing mass and that the party grieve may have a  action upon the statute Edward for when any thing be prohibit by a Act  although that the Act do not give a action yet action lie upon it a as upon  the statute of Marlb which prohibit to take in the highway or articuli super  Chartas c which prohibit the court of Marshalsea to hold plea c although that  these act do not give action yet a action lie h c and the statute h which  command a libel to be deliver Edward vide king in breve super stat
coke Report157a dig case England sacred scripture be it remember that Thomas  Egerton Knt Lord keeper of the great seal of England on Tuesday next after  eight day of saint Hilary in this same term before the lady the queen at  Westminster by his own proper hand deliver here into court a certain record  have before the lady the queen in her chancery a in these word plea before the  lady the queen in her chancery at Westminster in the county of Middlesex of  the term of easter in the that year of the reign of our say lady Elizabeth by  the grace of God of England France and Ireland queen defender of the faith c  hill Eliz rot
coke Report16a snag v gee Hilary Elizabeth in the common plea SC cite send for  Cr car Poph Jones latch winch Bulstr palm march Selw n p n vin Abr action b b  pl Bac Abr slander p the plaintiff declare that the defendant have a wife who  be still live and that defendant say of he thou have kill my wife hold not  actionable by if she have be dead the plaintiff show in his declaration that  the defendant have a wife yet live and the defendant say of the plaintiff thou  have kill my f wife thou art a traitor and as to these word thou have kill my  wife the defendant demurrer in law and it be adjudge that no action lie and  the difference take when the wife be live as in this case it appear she be and  when she be dead for when she be alive no action lie although the defendant  say that the plaintiff have murder her for then it appear that no murder of  her can be commit nor the defendant in any jeopardy and so the word vain and  no scandal or damage to the plaintiff a
coke Report16a stuckley v BULHEAD in the common plea SC cite send for Cr car  Ventr Mod Cr James hetl vin Abr action t a pl Com dig action case defamation d  Bac Abr slander b to say of a justice of peace he cover and hide felony and be  not worthy to be a justice of peace be actionable stuckley d justice of peace  in the county of Devon bring a action on the case against Bulhead for these  word m stuckley cover and hide felony and be not worthy to be a justice of  peace and adjudge that the action lie a for it be against his oath and the  office of a justice of peace and a good cause to put he out of the commission  and he may be indict and fine for it
coke Report173a dig case Trin term Elizabeth in a to point out de law king  between christopher dig and edward dig plaintiff against thomas palmer and his  wife defendant in the king bench
coke Report23a fitch v stuckley pasch Elizabeth rot in the king bench SC Cr  Elizabeth pl SC cite send for pale yellow ten Watk Cop pale yellow Us rd edit  Watk Desc vin Abr copyhold you pl n a pl p a pl p b pl W b pl Com dig copyhold  f ill g Bac Abr use b a admittance of tenant for life be a admittance of the  remainderman but without prejudice to the lord fine due by custom when a  copyholder surrender to the use of his will the estate remain in the  copyholder and not in the lord Richard king fitch the father copyholder in fee  make a surrender to the use of himself for life and after to the use of  Richard his son for life and after to the use of his last will the father be  admit and die and afterward the lord pretend cause of forfeiture grant it to a  stranger in this case two point be adjudge that the admittance of tenant for  life be admittance of he in the remainder but not to prejudice the lord of his  fine which be due by the custom of the manor a accord to the opinion in brown  case it be adjudge that the feesimple of the copyhold be limit to the use of  his will m remain in the copyholder and not in the lord by
coke Report30b lady holcroft case pasch Elizabeth rot in the king bench SC  cite send for Inst a two d Cru dig tin Abr copyhold c a pl Com dig copyhold f  leet m Bac Abr copyhold h dub   Cop S godb ld raym see the note infra a  steward of amanor retain general by parole may take surrender out of court for  till he be discharge he be steward of the manor as well when retain by parole  as by deed and it be say in this case that it be adjudge in c b in the lady  Julian holcroft case that where one be general retain by the lord of a manor  by a word to be steward of his manor and to keep his court that such steward  may take b surrender of customary tenement out of the court a for till such  steward be c discharge b he be steward of the manor as well by the retainer by  word as if he have a grant thereof by deed c
coke Report3a pelham case term of saint Michael in the that and saint year of  queen Elizabeth roll plea before the baron of the exchequer at Westminster at  the plea of the term of saint Michael in the that and saint year of the lady  Elizabeth queen of England France and Ireland a defender of the faith c
coke Report40a WETHEREL v darly pasch Elizabeth in the king bench it be a good  plea to a indictment of murder that the party be appeal of murder and find  guilty of homicide SC cro Elizabeth Wetherel bring a appeal a against Darley  of murder the defendant plead not guilty and be find guilty of d homicide and  have his clergy j and afterward a Cr e   a   a Doct plan hale pl cor salk salk  go light b b b e a b   light a Stanf cor a a hale pl cor Fitzherbert indictm  Br indictment h a h a Br rape Br appeal Fitzherbert cor Cr James Poph c    light b b roll b e b Perk sect h a Br exchange   a d light sect   light a b a    a e go light a f   a   light b a more hale pl cor Inst Poph hawk p c b e S  east p c b hale pl cor more Poph Fost a appeal of murder treason felony or  other offence abolish Geo c and note in king v lawly Fitzgib the chief justice  say many of the opinion in the case of indictment and appeal in the that Rep  be not law d hall pl cor   light a Cr e more coke report a er p be indict of  murder and thereupon arraign at the suit of the queen and he plead the former  e conviction in the appeal at the suit of the party and it be adjudge a good  bar and thereupon he be discharge for it be a good bar by the commonlaw and  restrain by no statute and the reason be because a man life shall not be f  twice put in jeopardy for one and the same offence
coke Report41a walker case Trin Elizabeth in the king bench a indictment for  murder be that the prisoner strike the decease in left hand part stomach  daughter of the Sun navel and hold sufficient walker be indict and outlaw of  murder and the indictment be that he strike the decease in b left hand part  stomach daughter of the Sun navel and it be resolve per totan curian that the  indictment be certain enough for in left hand parse stomach be of itself  certain and sufficient and these word daughter of the Sun navel which be  uncertain be abundant and superfluous but Young case before be affirm to be  good law for there be no certainty before the c circiter but the outlawry be  reverse for other error and walker be put to plead to the indictment
coke Report42b ground v ogle mich Elizabeth in the king bench in a appeal of  murder the blow be aver to be in one place and the death in another and it be  conclude that the appellant commit the murder in the first place and hold bad  S a cro e Catharine g Hume bring a appeal a of murder against Luke Ogle of the  death of a h her husband and declare that the defendant of seven give the  mortal wound at weetwood in come northumb and that the husband the same day of  I   b Bulstr side   a   a a a   light a b a Plowd n a   b more Cr e hob Plowd  b b Cr car   hut die pl hard roll b   b Plowd a h Br cor roll Rep Inst wide  coal case pl Com foe h c Inst d Inst Inst Stamf a e Inst Cr e die pl Inst Inst  postea a f Inst hale p a g mich e hale p c a abolish Geo c coke report a er p  the wound aforesaid ape Westlibborn in eoden come to go et such pillage Lucas  Ogle at Westwood pillage modus et form pillage the say a h felon c murdravit  and it be resolve that the declaration be repugnant and insufficient for as it  a can be say that he murder he the first day as it be adjudge before in  Heydons case so it can be say that he murder he at the I place where he be  strike but where he die
coke Report43b SYERS case Trin Elizabeth in the king bench if the principal be  pardon or have his clergy before judgement the accessary can be arraign  otherwise where such pardon or clergy be after the attainder of the principal  it be resolve per tot curian that if principal and accessary be and the  principal c be pardon or have his clergy the accessary can be arraign for the  maxim of the law be where factum no one where fortia no one et where non be  first non to be able be to be remiss then before it appear that there be a  principal one can be charge as accessary but none can be call principal before  he be so prove and adjudge by the law and that ought to be by judgement upon  verdict or confession or by outlawry for it be not sufficient that in rei in  point of fact there be a principal unless it so appear by judgement of the law  and that be the reason that when the principal be pardon or take his clergy  before judgement that the accessary shall never be arraign for it do not  appear by judgement of the law that he be principal and the acceptance of the  pardon or pray of the clergy be a argument but no judgement in law that he be  guilty but if the principal after attainder be pardon or have h Doct pl Leon  more roll I   b Ventr   a   b Cr James Cawly Noy roll Rep Bridgm wing Max king    b   light S   light b a Edward a pl Edward pl a hut arg salk b more Leon g  hale pl Com jenk cent dalt just Edward b Fitzherbert Inst b a roll Vet nat Br  b h b Fitzherbert cor Br clergy Inst Cr car Plowd a b   a Inst Stamf cor b a    a Cr Elizabeth h b Br coroner Br clergy Fitzherbert cor h b roll b more e b Br  cor coke report b er p his clergy allow there the accessary shall be arraign  because it appear judicial that he be principal a
coke Report48a OF forcible entry hill Elizabeth stat h in the king bench the  record of a indictment take at session ought to mention that the session be  hold at one certain day if a indictment of forcible entry misrecite the stat h  it be bad although no recital of the statute be necessary inquisition captain  ad session peace in come Surr tent die March et die Mercurrii c and recite the  statute of c h of forcible entry and misrecites it in some point and this  indictment be quash for two reason although the session may last two or three  day yet the record ought to mention that the session be hold at one certain d  day also because the statute of h be misrecited in a d e b Br appeal  Fitzherbert cor dyer pl jenk cent Inst   b Bulwers case kelw pl e hale pl cor  f Stamf cor b e hale pl cor f Stamf cor b Fitzherbert cor g Stamf cor a a Inst  Stamf cor b b jenk cent Stamf cor b Fitzherbert cor Br appeal c h c d palm  hawk c S coke report b er p material point know reader it be not policy in  such indictment to e recite the say Act of h for the recital thereof be not  necessary and misrecital thereof be fatal to the indictment and therefore the  sure way be to draw the indictment with conclusion f contra format to cause to  stand c and with no recital of the Act a