coke a richard Godfrey case mich James see Kemp v Neville c b NS two of the  jury of a leet refuse to make a presentment that they pay S for the certainty  of leet the steward impose a fine of upon they and the lord distrain for the  fine and pro certainly letce upon replevin bring Resolved The fine impose upon  the juror joint be not lawful impose it ought to have be several assess the  reasonableness of the fine shall be adjudge by the justice and if it appear to  they to be excessive it shall not bind a fine joint impose when it ought to be  several may be avoid by plea the lord can distrain for the certainty of leet  because it be against common right admit that the lord may distrain for the  certainty of leet yet as in his avowry he avow the take for the certainty of  leet and for the fine and also show how the fine be impose and so it appear he  have no cause for distrain for the fine he shall not have a return note where  a man bring a action be the writ general or certain and particular and demand  two thing and it appear by his own show that he can have a action or better  writ for one of they the writ shall not abate for the whole but shall stand  for that which be good but when a man bring a action for two thing and it  appear that he can have this writ for one thing but may have another in  another form the writ shall abate for all and shall not stand for that which  be good S C roll Rep Robert Bullen plaintiff in replevin against Richard  Godfrey esquire Owen Godfrey and Jo Haynes which begin mich James king rot and  declare that they take his cattle sure two cow c at Hathele in a place call  the common c the say Richard avow and the say Owen and John as bailiff to  Richard make conusance of take the say cattle because the say Richard Godfrey  be and yet be seize of the manor of Hathele in the county of Norfolk whereof  the place where be parcel c in fee and that the say Richard and all those who  estate he have in the say manor a tempore pron  interrog  c have have a leet  once per annum sure within a month after Michaelmas before his steward to be  hold as to the say manor appertain and that such steward for the time be from  time whereof c have use to swear twelve or more of the inhabitant and resiants  within the leet aforesaid to be chief pledge of the leet to inquire of all the  article concern the leet and to present they and that within the say manor  from time whereof c there have be such custom that the say chief pledge of the  say leet for the time be so swear have use a tempore pron  interrog  c at  every leet to present inter alian that f the action of account have now fall  into disuse for the nature c of this action Vid Godfrey v sander will smith v  smith Chit Rep Bac ab account Com dig account vin ab account the use of the  action of account be when the plaintiff want a account and can give evidence  of his right without it but if by subtract the amount of six article on the  one side from the amount of nine article on the other the plaintiff can make  out that a balance be due to he even of it be impossible to say that the  action of assumpsit will not lie for that balance by Gibbs CJ Tomkins v  Willshear taunt SC marsh coke report b er p they themselves the say chief  pledge shall pay to the lord of the manor for the time be pro capital argent  sive pro certainly letce ten shilling and have pay it at the same leet and  that at the leet hold at the say manor within a month after the Feast of saint  Michael James Reg before t king then steward of the coke b say Richard Godfrey  of the say leet the say steward swear the say Robert Bullen John Shaxt0l  Robert Daniel and other to the number of twelve chief pledge of the leet and  to etiquire of the article of the leet and they be so swear at the say leet  contempluose recusaveru prsentare quod Self the same capital pledge solveru  prfalo Richardo Godfrey lunc lord manor pr6edicti ad that the same letan pro  of to head silver sive certainly letce xs nor adtunc et ibidem long pole esp  ptuose recusaveru to loosen Richardo ad the same letan the say chief silver or  certainty of leet ob quodpredict Thomas king seneschallus ad that the same  letan that which divides sex a balance super the same copitales plegios adhmc  et ibidem to place upon and because the say ten shilling for chief silver or  certainty of leet and the say fine of to the say Richard Godfrey be behind and  not pay the say Richard Godfrey avow and the say Owen and John as bailiff of  the say Richard acknowledge the take the say cattle in the place where c  propr6ed separalibus breeding sow ten undivided et sex a balance c upon which  avowry the plaintiff demurrer in law and in this case four point be move and  argue at the bar whether the say fine be joint impose be lawful if it be not  duly impose whether it be void or voidable whether the avowant may distrain  for the say chief silver or certainty of leet when the defendant avow the take  for two distinct cause and it appear of his own show that one of they be not  any cause in law and that for the other he have a just cause whether he shall  have a return and this case be argue several time at the bar and this term at  the bench and as to the first question it be unanimous resolve that the fine  impose upon the juror joint be not lawful impose but it ought to have be  assess upon they several and especial in this case because what produce the  fine be several for the refusal of every of they be several and personal and  the refusal of the one be not the refusal of the other and therefore it be  resolve that if some refuse and the other be ready to present c those who  refuse shall be only fine and therefore the case which Prisot put in Henry  title examination that if one of the inquest escape after they be swear so  that they can give their verdict although the other be not assent to it that  yet they shall be fine be utter deny to be law for no one debet to punish pro  another fault to which he be not party privy consent nor assent for then it  may be say Butilius fecit coke a Emilius pleditur and it be say that the say  case be either in report or in print vide pi Com b weldons case one juror who  a misdemean himself be only imprison and fine vide h and with this resolution  agree b e fol where William freeman bring a replevin against the abbot of  Ramsey and other of take of his cattle the abbot avow the take by reason that  he be lord of the hundred of f within which hundred he have several leet to  bold once per annum in the town of m within the same hundred c and that the  say William freeman be resiant c and that at such a leet hold within the  hundred twelve be swear to present thing presentable which belong to the oath  and this William be one of they and after they have receive the article they  be command to answer to the article and to present c and they refuse that this  William and the other be amerce and the amercement of William be affered to  half a mark and for the half mark he avow to which Ashton of counsel with the  plaintiff take exception against the avowry because the avowant suppose they  be amerce in common and afterward he say that the amercement of W be affered  and so be the afferance several and the amerce a blow b a a roll Rep palm Owen    light b roll Anders c Leon c dyer pl pl pl pl cro James Goldsb dr Stud lib c  Br juror h Br verdict h b h a h b Br repleader h Br examine ass Br num  adv   tanturn Br imprison b   a b roll Rep coke report b er p mean in common  judgement of the avowry to which it be answer and resolve that so shall the  law be for c because all refuse all shall be amerce but when the sum shall be  impose or afferred it shall be upon every one several secundum d magnitude  fault salvo contenemento his and afterward the plaintiff be command to say  further and in Reg Elizabeth dyer e the juror of a leet refuse to present the  article of the leet accord to their oath the steward may assess a fine upon  each of they it be further resolve that in a strong case than the case at bar  where the foundation be joint yet the fine shall be several as in assize  against two the seize be find with force although the seize be joint yet the  fine shall be several and therewith agree io e a so in e f ass pl two be  iointlv convict in the king bench in a bill of trespass of rescous do in  Middlesex to the damage of forty pound who join in attaint and there it be  hold that though the fine and imprisonment be several yet forasmuch as the  plaintiff have join they in one action they may well join in a attaint against  he and so a f n b g in a courtbaron if two be arnerced for one trespass  outrageous they shall not join in a writ de within bounds pity for they shall  be several amerce although the trespass be commit joint b so in a plaint sue  by two if they be nonsuit the amerciament shall be several and it must be know  when coke b judgement be give in the king bench or in the common plea c  against two et therefore in pity yet when it be affered by the coroner in the  county the amercement shall be set upon they several vide c h b and Greslys  case in the eight part of my report but if a jury appear at the bar and the  plaintiff be nonsuit the judge may amerce the plaintiff and the jury who be of  the same country may affere it as it be hold d in e a and e there be a  difference as to this purpose betwixt a fine and a amercement for the fine be  assess by the court and therefore need not be affered but a amercement ought  to be affered by the country and therewith agree f h b g h a vide Greslys case  and Plowd Com weldons case and when there be diverse defendant and they be by  law to pay a fine then the judgement be therefore to take in hand and that be  for the fine for the imprisonment be but till the fine be pay and therewith  agree e a e vide h a and that be the reason that when the entry be therefore  to take in hand that he shall not be amerce because he be to pay a fine and  although the entry be therefore to take in hand yet it shall be take reddendo  one one for the damage of the party they shall be take by a joint capias ad to  give satisfaction but for the fine due to the king they shall be take several  by capias pro fine a as it appear before that they shall be several imprison  and several fine for it be not reasonable that the one shall be imprison till  the other have pay his fine and in all case when the mean to attain to the  fine be several the fine itself ought to be several and in some case the fine  or amercement shall be impose upon diverse joint sometime upon a county  sometime upon a hundred and also upon a town c as for the c Cr car d mag chart  c Inst f n b c   b Seld tabletalk fine e roll Rep   b dyer pl Br leet  Fitzherbert joinder in action roll Br joinder in action Huahess Abr Cr car a  hughes Br roll Rep b f n b c roll Rep c h   a d   b e   light b Br amerciam  kelw a palm   a Cr car cart Inst h b Cr Elizabeth roll Rep f   b roll Rep h b  Br Det Br leet roll g Br lev gager Br amercia Mod a Vid W m c that in case of  trespass ejectment assault and false imprisonment no writ of capias shall  issue for the fine coke report b er p escape of a murderer c vide h e coroner  e ibidem e ibidem c and e a and that be for the uncertainty of the person and  for the infiniteness of the number I and it be observe that of court some may  fine and not imprison as the courtleet some can neither fine nor imprison but  amerce as the court of the county hundred courtbaron c for no court can fine  or imprison which be not a court of record as f n b b if a man be convict  before the sheriff in a writ of a reception the defendant shall be but amerce  but if he be convict in a writ of reception before the justice know in a court  of record the defendant shall be fine and imprison but then he shall not be  amerce and therewith agree h b it be also resolve that the b reasonableness of  the fine shall be adjudge by the justice and if it appear to they to be  excessive it be against law and shall not bind for departure in re  qualibetjure re to make good common as excessive distress be prohibit by the c  commonlaw e d a for the Act of e articuli super Chartas cap non capie heavy  severity extend to the king only f vide ass g ass h h a b I h and it appear by  the statute of W king cap that excessive or outrageous aid be against law and  therewith agree Glanville lib fol f n b and Mag@ia Cliarta cap excessive  amercement be against law m nullus libre a human being amercietur c nisi  secundum magnitude fault e a send for the same law n of excessive distress in  respect of the multiplicity be against law oh ass f n b a b p h a b h roll Rep  I roll Rep   b hughes Abr a   b a f n b d a b in Godfrey case wherein the  point in judgement be only whether a steward of a leet upon contempt of a jury  in refuse to present some article in a leet may impose a joint fine upon all  the juror or that he ought to assess particular fine upon every particular  juror yet to discredit the ecclesiastical court and to make they light esteem  of though no fit occasion be offer he have these word some court can imprison  fine or amerce as ecclesiastical court hold before the ordinary archdeacon c  or their commissary and such like court as proceed accord to the canon or  civil law word which extend not only to the bishop court but the high  Commission the provincial council the admiralty the court of request and the  authority of the Council table itself Lord Ellesmeres observation p and Vid ib  p I b east hughes Abr Cr car   light b   b Cr Elizabeth more roll Rep roll  roll   Brownl c   Inst hughes Abr   light a roll d Br amerciament Br avow  Fitzherbert avow   e Inst   V Br distress Br avow   g Br distress Br assize    h Br avow Br fee and extortion Br distress Fitzherbert avow   I Br distress    king Inst l Inst m   b   n   b f n b I   a Inst oh Br condition Br enter  congeable Br relation Fitzherbert assize   Br rescous coke report b er p a  assize lie of outrageous distress h a a excessive fine at the will of the lord  shall be say oppression of the people and if a tenant in dower have villain or  tenant at will who be rich and she by excessive distress and fine make they  poor and beggar it be by the law adjudge to be against law and to he waste as  appear in h title waste h f n b et king judge b waste lie in exuland Henry et  Hermanum c nativos quorum who tenuil One messuagium et One made of twigs  striped terr in villan de t per grave et unable to endure severity by which it  appear that such intolerable oppression of poor villain and tenant at will be  ad exhredationem of he in reversion and against the commonlaw of the land and  in the four part of my report fol b c if fine of copyholder of a manor be  uncertain the lord can demand or exact excessive and unreasonable fine and the  copyholder may deny to pay it and the reasonableness of the fine shall be  determine by the justice c how the pure milk of reason debet be Finis non  finish off an end the life send omnibus encircling position to look into to  hang ex justice discretion and so it be adjudge in Com banc between coke b d  stallon plaintiff and Brady servant of Thomas Willows lord of the manor of  Fenditton in the county of Cambridge PaschcT James rot as to the second point  it be resolve that when a e fine be impose against law as joint where it shall  be several as in the case at bar or if it be unreasonable it may be avoid by  plea and judgement of the court in which the suit depend for other remedy be  not give to he as to the three point it f be resolve that the avowant can not  distrain for this certainty of leet because it be against common right and for  the private advantage of the lord of the leet which the lord can not have  without prescription and therefore as he ought to prescribe in the principal  so he ought to prescribe in the distress b in e a the case be that William  bring a replevin against John of take of his cattle wrongful the defendant  avow that the say John be chief deciner of the hundred which be intend of the  leet of f and say that the lord of the hundred have every year two mark to  receive the moiety at the hundred hold next after the Feast of easter and the  other moiety at the hundred hold next after the Feast of saint mich and that  the lord have always be seize of the say prestation to receive it by the hand  of the chief deciners and further say that they levy the say two mark of all  the resiants within the precinct of the hundred accord as they have land and  good and he and all the chief deciners have so levy it time out of mind and to  one mark that the plaintiff c be assess accord to his land and good which he  bad in eightpence and for the eightpence behind he avow in which it be observe  that the say two mark be against a   light b   b   c roll Rep   light b a Cr  car   Trebies argument in quo warranto Brownl more Cr Elizabeth roll hob roll  d   roll Rep e roll Rep hughes Abr f hughes Abr Jones roll Rep raym latch vent  Bulstr hughes Abr Leon Leon b where by custom the leet have jurisdiction to  impose a fine of a thing not original within the jurisdiction but only acquire  by custom in such case as that particular custom give the leet a right to  impose the fine so the custom only can create the right of distress pale  yellow Distr therefore where a leet lie a custom for a township to send one to  be swear constable which not be do a fine be impose and a distress take for it  the distress be hold unlawful because there the steward of the leet do not  prescribe in the distress and nothing else can warrant it Pierson v Ridley t  raym SC vent keb Vid note f Griesleys case   b coke report a er p common right  he prescribe to levy it and there sir William Herle say that in many place of  England those which be in dozen shall make the prestation and the freeholder  not in h fol a b etResid h a b in a replevin the defendant as bailiff of the  abbot of stag because the abbot be seize of the hundred of Totecombe in the  county of Dorset and have there a hundred court from three week to three week  and have three leet every year one to he bel I mich the second the morrow of  Hilary and the three at hockday to which leet come three deciners with their  dozein and present thing presentable whereof one be call the first dozein the  second the second dozein and the three the three dozein who with their  deciners yield de certainly letty a certain rend at the leetdays and because  the dozeiners come not the morrow after Hilary coke a year king nunc the same  dozein be amerce d and also that the rend de certainly letce be not pay at the  leet hold after easter the deciner be amerce with all the dozein and so for  the two cause be avow there terwit take exception to the avowry that the lord  shall not amerce the dozein for nonpayment of the rend to which sir William  Therninge chief justice who give the rule answer that it shall be amerce in  that case where the sum be Payable at the day of the leet the court there hold  clear that where a man of a dozein be amerce in the hundred or leet that his  cattle shall be take I e distrain well enough in what place soever they be  find within the hundred although it be in another dozein vide Elizabeth a dyer  a for a amercement in a court baron the lord shall not distrain without  prescription c vide b Edward a but c for a fine and all amercement in a leet a  distress be incident of common right vide Griesleys case aforesaid fol a b d  as to the four point admit that he may distrain for the certainty of the leet  and that the imposition of the fine be void and he have avow the take of the  same beast for both cause and a it appear of his own show that he have no  cause for one if he shall have a return or not be the question and it be  object that in such case he shall not because the avowant be a actor and the  avowry be in lieu of a action and b if a writ be bring for two thing and it  appear by the plaintiff own show that he have no cause for one the whole writ  shall abate for they say that the writ which be the foundation of the action  ought to comprehend truth and if it be apparent that there want truth in the  writ the writ shall abate and therefore some take a difference when one bring  a action for two thing and it appear in the writ that he mistake the truth of  the matter of one of they there the whole writ shall abate as if a man bring a  action of debt or avow for rend at two day and one day be not come it be say  the whole writ or avowry shall abate but when the demandant mistake the law  for one of they as if waste be assign in oak or blackthorn there be a  misprision of the law other take a difference betwixt general writ as dower  unde nothing to have assize waste c and therefore if the demandant in dower  make her demand to be endow of land and of c common sans number or if he bring  a assize of land and of a annuity or if he assign waste in timber and  blackthorn in such case forasmuch as the writ be coke b general it shall stand  for so much as may be maintain by law for the writ remain true but in such  case the a roll kelw pl Leon Leon dyer pl Doct and Stud a hughes Abr hob c but  if the manor belong to the crown the king by his prerogative may distrain the  tenant for amerciament impose in his court baron without prescription because  it be of public advantage that the king treasure shall be collect in the most  expeditious manner Rowleston v Allmon cro Elizabeth pale yellow Distr b  Fitzherbert avowry Br avowry c cro James roll Rep Cr Elizabeth more Doct and d  Vid note f Griesleys case   b a roll Rep hob b ante b roll Rep h a hob Yelv  palm Cr James Cr car Cr Elizabeth brown Cr car Jones roll   light a Perk S  coke report a er p count plaint or assignment shall abate for the rest but it  be otherwise when the writ comprehend certainty and it appear that the writ do  not lie for part there the whole writ shall abate know reader that the law do  not warrant these difference in the whole but the common and true rule and  difference be where a man bring a action be the writ general or certain and  particular and he demand d two thing and it appear of his own show that he can  have a action or better writ for one of they there the writ shall not abate  for the whole but shall stand for that which be good e but when a man bring a  action for two thing and it appear that he can have this writ for one thing  but may have another in another form there the writ shall abate for all and  shall not stand for that which be good and therefore if executor bring a  special writ upon the statute of a e c for break of the testator close and  carry away a certain sum of money in vita testator and although it be certain  and appear of their own show yet forasmuch as for the break of the close they  can have a action the defendant be rule to answer to the money in b two Henry  b c Henry in detinue of a box seal with charter and muniment concern the  plaintiff inheritance the plaintiff declare of four charter come to the  defendant hand by trover and entitle himself well to three and it appear by  his declaration that the four concern land whereof the plaintiff and his wife  be joint seize as appear by his own show but because that go to the action as  to the husband for he alone in such case can have other action for this cause  it be adjudge that the writ shall stand good for the remnant d Henry a e Henry  a if a man bring a formedon of land and of a advowson although the writ be  certain and it appear of his own show that a formedon do not lie for the  advowson yet forasmuch as it go to the action of the writ as to that the writ  shall stand good for the land Henry b and Henry a h b so if a man make avowry  of the take of distress for diverse rend arrear and it appear upon his own  show that parcel be not yet due yet the avowry be good for the remnant and  shall not abate in the whole f vide Edward d more roll Rep style a Kel b blow  b e but where it appear by the confession or show of the plaintiff himself  that he have no cause of action as to part the whole writ shall abate Woodys  case cro James colt v bishop of Litchfield hob earl of Clanrickards case hob  for whatever prove the writ false in a substantial point at the time of sue it  out shall abate the writ entire hob Com dig abatement m Vid serjeant williams  note duppa v Mayo sand b and note Foxwist v Tregnaine sand a a raze Ent Savil  latch Poph Cr Elizabeth Owen more b Fitzherbert brief hard Br brief Br  executor Br joinder in action c h b a Fitzherbert detinue Br charter de to Br  faits hard Br Resery d Fitzherbert detinue hob Br brief Br charter de to h a  TR e h a hob roll Rep hob dyer pl Bulst   a roll   b a   a f n b Cr James e  guard hard f contra colt and glover v bishop of Coventry and Litchfield hob  but this opinion in hob be say by sergeant William note duppa v Mayo sand b to  be find only upon the opinion of Fineux which be express deny by Brian and  vavasor in the yearbook h b and to be contrary to all the late authority  although the party may abate his avowry as to so much of the rend as be not  yet due and take judgement for the rest yet if he take judgement for the whole  it be error Richard v Cornforth salk SC Mod ld raym comens in hob it be say  where the fact that part of the rend be not due do not appear by the party own  show but be so find by verdict the whole coke report a er p a Edward b and a  Elizabeth dyer a man bring a writ of ejection custodice terreth6eredis and the  party plead to issue and it be find for the plaintiff and the plaintiff have  judgement of the land only for it lie not of the heir coke a vide Edward brief  Edward brief Edward Henry Henry Henry Henry attaint Edward e e e but if a man  bring a writ of entry in the nature of a assize of two acre where of his own  show for one acre he ought to have a writ of entry in the per or in the like  case there the whole writ shall abate because he may have a better writ as to  one acre and that do not extend to the action but to the writ only h send for  vide h p ultimo and judgement be give for the plaintiff against the avowant