case the king against street and stroud a mandamus will not lie to the old  churchwarden to deliver the parish book to their successor Ses Cas pl S p  dougl black Rep term Rep term Rep Esp dig upon a motion for a mandamus to the  old churchwarden of the parish of c to deliver the parishbooks to the new  churchwarden c a rule be make for they to show cause on such day why a  mandamus modern report shall not go at which day it be show for cause that  this be a new motion and the like have never be make in this court and that  the late chief justice holt have deny to grant it to a steward of a courtbaron  but that which be now insist on be that the old churchwarden have a right to  keep the parishbooks but see now Geo c S a so the rule be discharge for a  contest between parishofficer which of they have a right to keep those book  ought to be try at law upon a feign issue
case the king against stroude a information lie for riotous enter the house of  a tenant at will or even at sufferance as for a forfeiture of the term commit  by the landlord SC Trem information for a riot for enter with force into the  house of a envoy c trial at the bar the defendant be bailiff of Westminster  enter on pretence of a forfeiture by one doughty who be convict of murder but  the court will not admit it in evidence for be it so they be all of opinion  that let a man possession be rightful or wrongful a forcible entry on the  house though with a lawful pretence be a riot if the envoy be shower KB not  lawful possess much more if the envoy be tenant at will of doughty so if  doughty have good there he ought to bring trover c though in this case of the  king a entry for a forfeiture may be by force yet if the king grant good felon  to another the grantee can enter by force for it be a personal prerogative and  not communicable resolve thus per curian on evidence in this cause
case the king against Sudbury heap and other two person can be guilty of a  riot hawk p c that edit c the defendant be indict for that they riotose et  routose assemblaverunt and so assemble commit a battery on mary Russell two of  they be find guilty and all the other be acquit and judgement be arrest for  two can commit a riot but by holt chief justice if the indictment have be that  the defendant with diverse other disturber of the peace have commit this riot  and the verdict have be in this case the king may have judgement
case the king against tailor a indictment for perjury on Elizabeth c must  state that the offence be wilful and corrupt commit SC skin SC holt error on a  judgement upon a indictment of perjury in Bristol the indictmentis for a  perjury before a commissioner for take affidavit conclude contra form set up  and do not say voluntary and therefore ill Inst cro Elizabeth and the  indictment be who nec c and for these error it be reverse
case the king against tailor information for offer to buy vote for parliament  election leave be grant to file a information against one tailor for offer to  buy vote in order to election of parliament a
case the king against the archbishop OF Canterbury motion for a mandamus  refuse because copy of the statute be not produce Mr Kettleby move for a  mandamus to be direct to the archbishop to admit Mr John anstis to a  fellowship of all soul college in right of his be relate to the founder accord  to the provision of the statute the power of supply this vacancy have devolve  to the archbishop as be direct by the statute when there have be no election  by the college within the time prescribe for that purpose but the original  statute not be produce nor any copy regular attest the court deny the motion  without enter into the question whether a mandamus will lie or not and though  it appear by affidavit that application have be make to the college to inspect  the statute and take a copy and that deny yet the court say they can give do  relief by rule or otherwise there be no proceed depend in that court but the  remedy must be by bill of discovery in equity
case the king against the churchwarden OF Rotherhithe in surrey overseer can  make a rate to reimburse their predecessor money expend in relieve the poor S  c shaw p l a motion for a mandamus to the new churchwarden and overseer of the  poor to make a rate to reimburse the old one the several sum by they expend  for modern report the maintain the poor the last year be deny it have already  be resolve in tawneys case a salk Mod ld ray a that a mandamus can be grant to  the new overseer to make a rate to raise money to reimburse the old overseer b  a rate make by overseer for the necessary relief of the poor and towards  payment of money borrow for repair and rebuilding the workhouse be bad king v  wavel dougl but a rate to reimburse overseer money expend in law proceed be  good king v Micklefield Bott p l pl b but only to raise money for modern  report er p the relief of the poor for so be the statute Elizabeth e express  and must be pursue and a overseer be not bind to lie out money until he have  it if he do be must make a new rate for relief of the poor out of which he may  retain so much as will pay himself c see Geo c S c hilary term the eleven of  George the first in the king bench sir John Pratt Knt chief justice sir  Littleton powys Knt sir John fortescue aland Knt sir Robert Raymond Knt a sir  Robert Raymond be one of the commissioner of the great seal be absent from the  court of king bench during the whole of this term stram a justice sir Philip  York Knt attorney general sir clement Wearg Knt solicitor general
case the king against the city OF chester judgement of seizure until what time  shall be give on nonappearance of a corporation to a quo warranto SC skin in a  quo warranto against there and the like against the city of York it be hold  that if the corporation appear not thereto judgement shall be shower KB enter  for a seizure until what time c and if in the meantime they come not in and  repleuie their corporation and appear then the term after a judgement final  shall be give against they and in that case of Chester it be adjudge that it  be not a good appearance unless the warrant of attorney be make under the  corporation seal
case the king against the college OF physician a mandamus will not lie to the  college of physician to admit a honorary fellow of a college mandamus pray for  dr merit to the college to receive he to be one of the honorary fellow  Pemberton chief justice No mandamus lie for it be no place of profit no way  advantageous to he nor in the least relate to the government a it be a thing  spontaneous raise among themselves and like to the inn of court which be b cro  James c Yelv d ante e see car c and will c f by and will c l S if there be two  or more plaintiff or defendant and one or more of they shall die if the cause  of such action shall survive to the survive plaintiff or plaintiff or against  the survive defendant or defendant the writ or action shall not be thereby  abate but such death be suggest on the record the action shall proceed at the  suit of the survive plaintiff or plaintiff against the survive defendant or  defendant g the judgement be reverse SC ray principal upon the authority of  the case of read v Redman   and see the case of Capel v Saltanstall Mod a but  see the case of king v askew and other censor of the college of physician burr  shower KB er p voluntary society and in Boremans case b they can never get one  and I remember when sergeant glynne sit here Mr Allen move strong for such a  mandamus and on solemn debate it be deny shower KB and the reason why it lie  for a common council man be because it concern the government
case the king against the dean OF exeter a special mandamus grant to restore a  person to a place of one of the eight man of Ashburton SC Mod mandamus pray to  be restore to the place of one of the eight man of Ashburton in the county of  Devon and urge that there be a mandamus to be swear of one of the  fourandtwenty man of Tiverton and they have no other name these eight man make  all the rate for the parish and have the poor stock per curian the trustee of  a hospital may in time come and demand a mandamus as well as you do here but  at last a mandamus be grant and order to make a special mandamus and to recite  therein so much of the office as it may appear to be a office a otherwise it  shall do you no kindness
case the king against the earl OF ailesbury person bail by the discretionary  power of the court S c comb S c salk S c holt the earl of ailesbury move to be  bail and several reason urge by counsel but they bail he by virtue of the  discretionary power which the court have without any regard to its be in or  out of the habeas corpus Act but consider the length of his imprisonment his  indisposition of body a and that goodman who be swear to be a material  evidence against he be here in England several month after my lord  imprisonment and that during all that time he be neither indict nor prosecute  b
case the king against the executor OF sir John Daccombe in the exchequer a  beneficial contract to provide good hold in trust be forfeit to the king on a  attainder of high treason roll ab hob   a   hard lev side and Staundf b king  James make a lease to sir John Daccombe and other of the provision of wine for  his majesty house for ten year in trust for the earl of Somerset they a   b  croak James er p make a lease for all the term except one month render nine  hundred pound a year the earl of Somerset be afterward attaint of felony the  question be whether the trust which be for the say earl be forfeit to the king  by this attainder and it be refer to croak throw all the justice of England by  command from the king to be consider of and to certify their opinion Tanfield  chief baron now deliver all their opinion to be that this trust be forfeit to  the king and that the executor shall be compel in equity to assign the residue  of the term and the rend to the king and he cite a case to be adjudge  Elizabeth where one Birket have take bind in another name and be afterward  outlaw that the king shall have this bind and that in Elizabeth one Armstrong  be lessee for year assign the lease to another in trust for himself and be  attaint of felony this trust be forfeit to the king but he say they all hold  and so it be resolve in another case that a trust in a freehold be not forfeit  upon attainder of treason note this case I have from the report of Humphrey  davenport who be of counsel in this case
case the king against the hamlet OF Spitalfields the settlement be where the  party dwell and not where he work S c Bott S c fort post the case upon a order  of removal be thus the husband work at a silkthrowsters in the hamlet of  Spitalfields for five year but never lie where he work but at a lodging  elsewhere the justice of peace be of opinion that the husband have gain a  settlement by this mean do after his death by a order remove his widow thither  which order be confirm upon a appeal but both the order be quash because the  court be of opinion that the husband work there gain no settlement and so it  be resolve in the cobbler case stram Sett Rem Sess Cas Foley Bott pl a who  work in a stall in the parish of saint Giles and have a apprentice who work  with he in that stall and both lie in another parish it be adjudge that the  work in the stall do not gain a settlement for that be in the parish where  modern report he lie and that a man can be remove from his work consequent his  work in a certain place shall not gain any settlement there see d vol of Mr  Consts edition of bott poor law b
case the king against the inhabitant OF brickhill a tenant who be rate to the  landtax by the name of the occupier of roscoes gain a settlement by pay such  rate S c viner two justice of the peace make a order to remove one green and  his wife and seven child from the parish of Horewood to the parish of  brickhill which order be confirm upon a appeal to the session and both the say  order be remove by certiorari into the court of king bench the case appear to  be thus green be a poor man live last at Horewood at a place call roscoes  tenement and pay tax there by the name of the occupier of roscoes and for that  reason he and his wife and child be send thither it be move to quash these  order because this man ought to be personal charge to pay tax otherwise be  gain no settlement by pay they as occupant of a tenement though he be likewise  charge as farmer thereof at that time for that word farmer do not prove he to  be occupant because he may let the tenement over to another but on the other  side it be insist that pay tax by the name of occupant of roscoes tenement and  name he farmer of the same at that time be a sufficient designation of the  person to gain a settlement there and the court be of that opinion these order  be quash see king v Uffculme Bott p l burr S c Painswick v Cirencester burr S  c Openshaw v Gorton burr S c king v Stanlake burr S c king v Carshalton burr S  c Ashley v Walsall call king v Southwark call king v heckmondwike call king v  Mitcham call king v chew great call king v saint James bury call king v  Llangammarch term Rep king v folkstone term Rep and see vol Mr Consts Edit of  bott poor law p to where all the case on this subject be collect a
case the king against the inhabitant OF CHERSEY the notice require by James c  car c and will mary c of a person come to settle in a tenement under l a year  can be supply by any collateral Act it be move to quash a order of session for  that the only ground of settle a poor person in a parish appear upon the order  to have be for that the banns matrimony of the poor person be publish in the  parishchurch which be ill for the notice to be give to the parish must not  only be in write but the other ceremony require by the statute of will and  mary c must be observe and that Act be a explanatory Act can be take by equity  curian let it be quash
case the king against the inhabitant OF Farlow a appointment of overseer for  the year ensue be good the order appoint overseer for the year ensue which the  statute Elizabeth c do not direct they be to appoint yearly in easterweek or a  month after and then they shall follow the word of the Act Raymond chief  justice this must be understand as the statute direct and all appointment be  reeves for the year ensue must be take accord to the subject matter the Act do  not direct in what manner they shall appoint per totan curian well enough a  see the case of king v I Burder term Rep where a indictment allege that the  defendant and another be substantial householder c be on the twentysixth of  April appoint by two justice of the county to be overseer of the poor of the  say parish for one year then next ensue c and hold good for that these word  must be understand to mean that the appointment be for the overseer year see  also king v sparrow Bott and king v Stubbs term Rep notorious facts a
case the king against the inhabitant OF Haswell a order of session supersede a  order of two justice be not proper but the court will not quash it for this  defect S c salk the statute car c enact that upon the complaint of the  churchwarden and overseer of the poor to any justice of the peace within forty  day after any person come to settle himself in a tenement under the yearly  value of ten pound that two justice of peace quorum One of that division where  such person be likely to be Chargeable to the parish by warrant may remove he  to the parish where he be last legal settle provide if he think himself  aggrieve by the judgement of the two justice then he may appeal to the modern  next quartersession who be require to do justice accord to the merit of the  case two justice by warrant under their hand and seal remove a poor man from  the parish of Woking to Haswell thereupon a appeal be bring and the session  order be that the warrant of the two justice shall be supersede and that the  party shall be carry back to Woking which order be remove by certiorari  exception be take to it that the justice in their session have no power to  supersede the warrant make by the two justice because they have only power to  quash or affirm it and the word supersedeas be proper applicable to process  before judgement and not to the judgement itself as if a man be in custody  upon a writ and then come a supersedeas to the writ the prisoner be thereby  discharge the court be of opinion that supersedeas be not a proper word in  this case but will not quash the order but refer the matter to the judge of  assize
case the king against the inhabitant OF Hornsey highway S c fort S c show S c  Mod S c Mod S c holt S c Carth holt chief justice upon a presentment for not  repair a highway on not guilty you can give anything in evidence but only that  the way be repair if they plead that they ought not to repair they must set  forth who ought you can give in evidence no highway but may traverse it Eyre  justice contra dolben justice they may give in evidence that it be no highway  but not that they ought not to repair a see king v justice of Wiltshire burr  hawk p c ch king v Weston Penyard burr king v great Broughton burr Cowp term  Rep a modern report hilary term the three of William and mary in the king and  queen bench sir John holt Knt chief justice sir William dolben Knt sir William  Gregory Knt sir Giles Eyre Knt justice sir George Treby Knt attorneygeneral  sir John summer Knt solicitor general
case the king against the inhabitant OF Hornsey presentment for a highway be  out of repair SC ante SC fort SC Mod SC Mod SC Mod SC holt SC Carth the case  be now move again holt chief justice the be of a highway be matter of supposal  and must be deny in plead a and so hold in the case of leatherlane b a Pawlsey  v Blackman cro James tailor v Horde burr Atkins v Horde Cowp b Plowden c    light a see Aspindall v brown term Rep b Mod shower KB er p eyres justice you  may give it in evidence for it be the same with no park or no warren in  trespass it be not guilty the presentment be but in nature of a indictment per  curian order to stay
case the king against the inhabitant OF kingston BOWSEY a order of removal  quash be only final as to the parish concern S c ld ray S c Carth S c Sett Rem  S c salk a poor person be send by order of two justice from the parish of  saint Michael to that of Kingston Bowsey and upon appeal the order be quash  and per curium that judgement shall not bind the parish of saint Michael from  send he to another place of settlement a
case the king against the inhabitant OF KIRFORD order to remove a man and his  family ill a order of two justice be to remove a man with his wife and family  and it be quash in toto because the family may have another settlement so it  will be if the order be to remove he and child a
case the king against the inhabitant OF limehouse a indictment for a  nonfeasance at a aforesaid in the county aforesaid be good though it be not  mention before a indictment good though the place where be misname a hamlet  year of the king in figure presentment at a courtleet for not repair a certain  pair of stair lead to the Thames I move to quash it first because it say  Radney stair in limehouse aforesaid in the county aforesaid and limehouse be  never name before second the amerciament be of twenty pound upon the  inhabitant of the hamlet aforesaid whereas there be no hamlet before mention  nor be limehouse any where so style in the whole presentment and it may be  mean whitechapel where the court be hold as well as limehouse three the year  of the king when the presentment be be in figure fourthly it say that it be  take at the parish of whitechapel in the county and also within the manor  aforesaid and so do not say in what county and perhaps the manor extend into  two county the court however will not quash it because it be for not repair  the highway
case the king against the inhabitant OF LONGCRICHILL if a order be confirm on  appeal it be conclusive S c salk S c holt per curium if on appeal a parish be  adjudge the last legal settlement of a poor person that parish be conclude  thereby not only as to the parish from which the first order of removal be but  also as to all other parish a second it be a fatal exception to a order of two  justice that it do not say that one of they be of the quorum vide statute car  b three if a order be make to remove a poor person from a to b and then be  come to c the justice can graft modern report a order for send he to b upon  the first order because they be not party to it but such order may be give in  evidence of a settlement in b
case the king against the inhabitant OF marlborough two justice when they make  a order ought to certify it to the session S p ante a servantmaid may be  remove from her service on account of be with child S c comb v S c Sess case S  c Const p l certiorari be to the justice at session to send up what order they  have before they and hereupon a order of two justice for the removal of a  servantmaid who be get with child within the year in her service be certify  without show how it come there and per curium first the order be well remove  for when two justice make a order it be very proper for they to certify it to  the session and when they do so the session be legal possess modern report of  it and it may be well remove from thence hither a second if one hire a maid  for a year and before the year end she be get with child she shall not for  that be remove but shall serve out her time b there shall be a year continual  service to make a legal settlement for the charge of a parish but till the  year be out none shall disturb the party from serve and since she be not  removable within the year if she leave her master without his consent she may  be send back to her service but then it be to serve her time but not a charge  to the parish c
case the king against the inhabitant OF SHIPPINGFARRINGDON order of justice  conclusive till set aside on appeal a poor person be remove by order of two  justice from Warwickshire to Oxfordshire and the justice of Oxfordshire remove  he by a new order to Berkshire the second order be quash nisi for that by the  first the parish in Oxfordshire be adjudge to be the place of his last legal  settlement and that order be conclusive to they till falsify by appeal not  only as to Warwick but as to all other place and the session have no power to  make a new order but the way be to send he back from whence he come and for  the justice of Warwick to make a new order and if on appeal the first order be  confirm the party be for ever conclude as to all place but at another day  because it will be a vast way to send he back holt chief justice say let it  stay for though we can affirm it yet we may stay the quash of it note here it  be only say that it appear to they he be likely to become Chargeable a without  say that it be on complaint of the churchwarden c holt chief justice say that  must be intend
case the king against the inhabitant OF the county OF surrey information for  not repair a county bridge upon a motion make to discharge a rule for a  information against the inhabitant of the county of Surrey for not repair a  bridge it be allege that the parishioner of Mitcham in that county ought to  repair it which they have do time out of mind it be true that parish have  obtain a verdict against the county but it be by surprise modern report for by  certificate and other record of the session it will appear that this parish  ought to repair this bridge and that they have be fine for not repair and that  they have acquiesce under that charge many year it be insist for the parish  that admit they have repair this bridge yet if they be not oblige so to do  either by prescription or tenure they shall not always be liable they can be  oblige by prescription because the inhabitant of this parish be not a body  politic and it be not pretend that they be oblige by tenure to which it be  answer that a information against the county in general be the only way to try  the right for though this parish may not be oblige to repair the bridge yet  some other parish may and since the county be prima fancy bind to repair it it  be probable that when the information be exhibit against they the inhabitant  of Mitcham to excuse themselves may show who be oblige to repair it and the  court be of that opinion the rule be make absolute
case the king against the marquis OF powis this case come before the court on  Wednesday the April but it be first argue in Hilary term in the seven year of  George the first and final determine in Michaelmas term in the nine year of  George the first note to the former edition a in outlawry for high treason if  the capias be to another county than that in which the defendant be describe  to live it be a error in fact S p c upon a writ of error to reverse a outlawry  for high treason the error assign be that the process of outlawry against the  marquis be direct to the sheriff of London when he the marquis live in the  parish of saint Giles in the county of Middlesex which be a error in fact for  the process of capias must be always direct to the sheriff of the county where  the party life and for this reason the outlawry be reverse upon the confession  of the attorneygeneral N B there be several exception in point of law take to  the record in this term
case the king against the mayor and city OF bristol a mandamus lie to restore  a person to the office of sword bearer remove for absence and nonattendance a  person outlaw can be restore to a office by mandamus without show the outlawry  reverse mandamus general to restore row to the office of sword bearer to the  mayor of Bristol and weigher c return of removal for absence and nonattendance  on the mayor in to visit advance nest per tale time c and a outlawry of he  such a term c per curian the absence be no forfeiture of his place because not  say to be in his progress as mayor and absence in his person be no forfeiture  but however he can be restore because of the outlawry for that be a disability  and he must sue out a new writ recite the outlawry and its reversal for we can  otherwise take notice of the reversal since though it do not forfeit his  office yet it be a disability a parker outlaw can not bring a writ of assize  and afterward he bring such a special writ and we amend the return c
case the king against the mayor OF Bridgewater corporation shall be intend to  act under the old charter unless the contrary appear information be move for  last term against for act as mayor of modern report er p Bridgewater by a  charter of queen Elizabeth confirm by James the first they be incorporate by  the name of mayor alderman and burgess they afterward surrender to king  Charles the second by the name of mayor alderman and capital burgess and king  Charles grant they a new charter ground upon the surrender and in  consideration of it the surrender be by a wrong name be void and so be the  charter ground on that and a rule grant nisi but this term they not be able to  show that they ever act under the new charter the court will intend that they  act under the old one and discharge the rule
case the king against the mayor OF Evesham on a mandamus to proceed to the  election of a alderman the court will not give any direction respect the time  of election for that must be govern by the constitution of the city SC stram  SC bar king b a mandamus have be grant to the mayor of Evesham to proceed to  the election of a alderman Mr will move that this court will restrain the  execution of this writ to some particular time suggest that the corporation  will proceed to a election in the absence of several modern member who be  desirous of be present at the time that by the charter forty hour notice be  require to be give of the intend election that it be impossible several of the  member particular sir John Rushout who be now engage in parliament can attend  the election that they desire only some particular day may be agree on for the  election to enable the absent member to attend and hope this court will  interpose to prevent any surprise of this nature but the court hold clear that  a mandamus be a writ of right that the court have no power of prescribe any  time for the election for if the election be make agreeable to the charter and  accord to law it will be good though those person do not attend on the other  hand if there be any illegal surprise or other misbehaviour in the corporation  in the manner of their proceed to a election then it may be proper to call in  the assistance of this court but abbey can not presume anything of this kind  or make any cautionary provision against it the motion be accord deny
case the king against the mayor OF exeter mandamus to be deliver to he who be  to make the return S c ante S c Mod S c show S c comb S c holt S c ld ray it  be hold by the court that a writ of mandamus ought to be deliver to he that be  to make the return and that be the mayor in this case
case the king against the mayor OF gloucester quaere if a return to a mandamus  to restore a town clerk must be under the common seal of the corporation SC  roll Rep SC Bulst mandamus to restore Mr John Powel of the innertemple to the  office of town clerk of Gloucester it be move to set aside a return make  thereto on Mr powell behalf because make by the mayor and six shower KB of the  alderman and their hand be set to it whereas it be urge that it ought to be  under the common seal accord to the resolution in the case of Chester day it  be affirm that the mayor own seal of mayoralty or the statuteseal for statute  before he acknowledge will not be sufficient but it be urge on the other side  that you can aver against the return be make by the head of the corporation  quaere of this point for it be afterward agree and he be restore Monsieur  price of Lincolnsinn consent as I be inform
case the king against the mayor OF kingston upon hull several person can be  join in one mandamus to a mayor to admit they to their freedom for each have a  distinct and different right S c stram upon a motion last term a rule be make  that a mandamus shall go to the mayor of Kingston to assemble and keep court  and to do the office of that corporation in draw up the writ the clerk add  these word and to admit all those to their freedom who have a right to be free  of that corporation it be now move to set aside this rule because all who have  a right to be free can be join in one mandamus as it be resolve in the case of  the nine commoncouncilman of Chester in the six year of William the three  because every one have a separate right therefore two or more can not be  modern report join in the writ for where several be join there can be no  traverse take because no one be party to it the court be of opinion that the  mandamus be ill and not warrant by the rule of the court therefore if it have  be return it shall have be quash but be not return it shall be supersede that  the mayor may not be oblige to make a return
case the king against the mayor OF kingstonuponhull two person claim in  different right can be join in the same mandamus S c stram S c Mod last term  several mandamuss be move for to admit several person by name to their freedom  in the corporation of kingstonuponhull of which no use be make but the last  day of last term a rule be move for and obtain that a mandamus shall go to the  mayor and alderman to call a hall and do the business of the corporation on  this last rule they make out a mandamus to assemble the corporation and admit  the several person who have right to their freedom not name they Pengelly  sergeant move to quash the mandamus because there ought to be several  mandamuss for the several person and not for they all joint for their title  may be distinct and quite different per curian we must supersede the mandamus  if not upon that account a see king v Lord Montacute Bl Rep a yet modern  report er p because there be no warrant to ground they upon the rule be give  in general to do the business of the corporation and the mandamus be to do a  particular business b see S c Mod and king v wildman stram b and the court  will have give cost but the counsel for the corporation will not ask it
case the king against the mayor OF monmouth information for beat the informer  this be likewise a motion for leave to file a information against the  defendant for beat the informer who give no other provocation than say to he  who keep a alehouse Mr mayor draw I a pot of drink but it be the last day of  the term but one the court will make no rule to hang over a magistrate head a  whole vacation so it be order to be move the next term if they think fit
case the king against the mayor OF saltash a defendant in execution for a fine  on a conviction for a riot admit to bail on a recognizance to prosecute his  writ of error with effect or to pay his fine indictment for a riot and the  defendant be in execution for his fine to the king be bail because he have  bring his writ of error he give security to prosecute it with effect and get  it reverse or pay the fine though the court do all agree he can not be take in  execution again and here be cite the case of the king v legier where Lord hale  refuse to take bail he be in execution and have bring his writ of error unless  he bring the money into court shower KB easter term the thirtysecond of  Charles the second in the king bench sir William Scroggs Knt chief justice sir  Thomas Jones Knt sir William dolben Knt sir Thomas Raymond Knt justice sir  Creswell levinz Knt attorney general sir Francis winnington Knt solicitor  general
case the king against the mayor OF Southmolton a mandamus to admit a appeal  from a conviction of corporation justice on the car c shall be direct to the  session of the town and not to the session of the county SC skin loft  pollexfen move for a mandamus to the mayor of the town of Southmolton in Devon  to admit a appeal to the session there from a conviction for a conventicle  make before a justice of the peace of the corporation the question be to who  the appeal shall be to the session of the town or of the associate with it be  hold that it shall be to the town for the statute car c say the certificate of  the conviction shall be to the session of the county or place I e if by a  corporationjustice then to the session of the place if by a countyjustice then  to the session of the count now though the word which give the appeal be  general yet they shall be construe as the rest of the Act will bear it will be  idle to have a see the trial in print with the argument of the counsel and  opinion of the judge in the point c shower KB er p the certificate of the  conviction to the session of the place and the appeal to the countysessions  and though in some place the appeal will be to the same magistrate who make  the conviction by reason of the fewness of the number of justice in some town  yet it be not to be presume that they who serve their king and country for  nothing will do otherwise than right and the first conviction be pure the  opinion of the justice but the appeal be try by the jury of which opinion be  all the court and a mandamus be grant
case the king against the mayor of Tenterden the court will grant a  information against a mayor for the purpose of try a corporate right a rule be  make for the mayor to show cause why a information shall not go against he for  tax several person who live out of the corporation to be contributory to  building a bridge and other charge within the corporation the mayor show for  cause that though the person thus tax do not live within the corporation yet  they dwell within the liberty thereof and be entitle to the like privilege of  those who live within the corporation one whereof be to be exempt from all tax  in the county at large so that it be reasonable they shall be contributory to  the charge within the corporation when they have the benefit of the privilege  thereof beside the tax now in question have be pay by such outdwellers time  out of mind but the court direct that this matter shall be try upon a  information and that for two reason the one because a single person may not be  able to contest this matter in a action against the whole corporation and the  other because if a verdict shall pass for or against such single person it  will not end the contest which may happen against the rest
case the king against the mayor OF Tiverton a information lie against the  mayor of a corporation for absent himself on the charter day of election and  thereby prevent the election of a successor post upon a motion for a  information against the defendant for bribery at a election of a new mayor for  the corporation of Tiverton in Devonshire who when be find be can not succeed  in the choice of the defendant the old mayor withdraw himself on the day of  election so that a new mayor can not be choose though the commoncouncil do all  in their power to proceed to a election by appear on the stair in the townhall  for that purpose but the door be lock by the defendant the old mayor and a  book belong to the corporation be take away so that for want of choose a mayor  on the day of election the corporation be dissolve the chief justice who be  former recorder of this corporation say that there be a difference among the  member thereof about precedency so the rule be make to show cause why a  information shall not go afterward in Hilary land it appear that there be  bribery on both side so information be file against both party and the court  agree that bribery be a sufficient cause to remove a man from his office and  that it be a offence by which the very constitution of the government may be  alter
case the king against the officer OF saint mary parish in marlborough mandamus  to the justice to make a rate for the relief of the poor S c I stram mandamus  to the justice to make a rate for the support of the poor of the parish of  saint mary in Marlborough it be oppose because the parishofficer ought to make  the rate and the justice be only to sign it to which it be answer that this  motion be ground on the statute Elizabeth c S by which it be enact that if the  justice of the peace do perceive that the inhabitant modern report of any  parish be not able to levy among themselves sufficient sum of money for the  maintenance of their poor that then the say two justice shall and may tax rate  and assess as aforesaid any other of other parish or out of any parish within  the hundred where the say parish be to pay such sum and sum of money to the  churchwarden and overseer of the say poor parish for the say purpose as the  say justice shall think fit accord to the intent of this law thereupon a  mandamus be grant direct to the justice and per curian as this be a matter of  right they ought to make a return a the justice make a order that the parish  shall contribute so long as we shall think fit and it be quash because the  direction give to the justice by the Elizabeth c S be only as to the quantum  and not to the duration of the contribution stram S c viner Abr Mr Consts Edit  bott p l vol a
case the king against the parish OF lowton return to a mandamus mandamus  recite a unequal rate for the poor by omission of some of the inhabitant  command a equal rate to be make the return be that he have make a equal rate  upon inframentionat inhabitant et to take into possession terr et all a thing  infra paroch Prdict taxabil Mr reeves they shall say they have make assessment  upon all of they inframentionat be by some of they to be satisfy Whitaker it  follow the word of the writ beside it be prout per breve predict prcipitur the  whole court that it be a good return
case the king against the parish OF raglee dictum disapprove r v Ashby  Folville b S l r Q b highway S c fort error of a judgement upon a indictment  at the quartersession for nonrepairing a highway between a and b in the parish  of r the judgement be that such a sum extraha et to lift up to repair the say  way nisi it be repair by such a time holt chief justice there be statute that  direct the certainty of proceed in these case as that of Phil mary c and  Elizabeth c and they be empower by law to charge or fine and that alone to be  control by traverse by the statute of Philip and mary a justice of peace may  present at the quartersession upon his own knowledge and the justice there be  to give as much credit to it as if it be by jury and that be a public law a  the parish of common right ought to repair their highway but by prescription  one parish may be bind to repair the way in another parish and here it be  except that it do not appear in what parish the way be for it be lie to be  between a and b in the parish of r so that b only may be in r another  exception be that the judgement be preposterous extraha et to lift up instead  of the natural way of to lift up et extraha and for this exception the  judgement be reverse and compare to debt upon bind for ten pound if judgement  be therefore to look at closely be quod to have performance de prd et recupere  per curian it will be error
case the king against the parish OF saint mary MATFELLON Whitechapel  settlement of a poor man shall be in the parish where he serve and have wage  and not in the parish where he life S c Foley S c Sess case ante Foley a poor  man be hire for five year to work for ten shilling a week at a glasshouse in  the parish of Whitechapel from six in the morning until eight at night and to  find himself with meat drink wash and lodging and he lodge every night for the  whole time except one month in the parish of Whitechapel only not in his  master house this man be remove by a order of two justice from Whitechapel to  Ratcliff modern report er p and upon a appeal to the session the order be  quash the court be of opinion that he be settle at Whitechapel a these order  be remove by certiorari into the king bench S c Foley the question be whether  the statute will mary c extend to other than menial servant S c Bott Hawkins  sergeant contend that it do not and therefore as the pauper have never be any  part of his master family he can not gain a settlement under this hire and  service S c Sess case but the court hold that the statute only require a hire  and service for a year and that it be not material whether the servant life  with the master or not provide he lodge forty day in the parish and therefore  that he have gain a settlement in Whitechapel S c Sess case see bishop  Hatfield v saint Peter stram king v Hemloak fort gore v Molesworth bar king b  king v Ladock burr S c king v Croscombe burr S c and bott p l to and if a  servant serve forty day in the parish of a and forty day in the parish of b  and then return to a and lodge there the last day he gain a settlement in the  parish of a king v Undermilbeck term Rep king v brighthelmston term Rep a
case the king against the parish OF tutton and Crompton martin in  somersetshire two person can be remove by one order although to the same  parish if their settlement be independent of each other order of two justice  for removal of Samuel tanner and Penelope his wife and seven child and Francis  tiler and his wife and eight child from tutton to Crompton on appeal the  session discharge the order for insufficiency another session discharge the  order at last session Eyre justice there ought to be two order the party  remove may appeal as well as the parish their right be distinct and they can  be settle by one order the appeal must be determine at the next quartersession  and if the original order be discharge there it can be set up at another  session that be subsequent fortescue justice of the same opinion a demurrer be  allow in chancery when two distinct right be set up in one bill per curian  order quash nisi
case the king against the parishioner OF Wilby if a man build a cottage upon a  waste without any licence and after thirty year enjoyment die possess his heir  at law gain a settlement by reside forty day in such cottage after his death S  c stram S c Sess Cas upon a motion to quash a order of settlement make by two  justice and which be confirm upon a appeal to the session the case appear to  be thus one Humphrey car about thirty year last pass build a cottage in the  parish of b on the waste of a manor belong to the earl of Pembroke but without  any licence or order so to do and he enjoy the same during his life without  any other right and then die leave issue Elizabeth his only daughter and heir  who intermarry with John Derby who with his wife Elizabeth be seize of this  cottage sell it to John will that for thirty pound see Geo c S a the question  be whether this marriage have gain a settlement of John Derby the husband it  be insist that it have not because the father of Elizabeth the wife of this  Derby have no settlement there for his entry be by seize which gain no  settlement and if the father have none his daughter can not have any  settlement there but the court be of another opinion because thirty year  possession be a good title against the lord of a manor by virtue of the  statute of limitation if he shall bring a ejectment to recover the possession  Stocker v Bernee I ld ray b modern report beside Elizabeth the wife of this  Derby and daughter and heir of Humphrey car be in possession by descent which  be a good title against any escheat the lord may have at commonlaw and  therefore her husband gain a settlement by this marriage see king v Garway  burr S c king v Betton burr S c and king v Brungwyn bott p l pl c
case the king against the township OF WALDERSHAM c in the west ride OF york a  order of session quash because too general motion to quash a order of session  in these word order that the poor of the several township of Waldersham c be  provide for accord to the statute car Pratt chief justice powys and Eyre  justice the justice assume a original authority which they have not fortescue  justice the order be void for the generalty if they have a jurisdiction for it  seem calculate to ensnare the overseer of the several township the order be  accord quash
case the king against the village OF andover charter of Andover their charter  be that the mayor and major part of the corporation may turn out who they  please and per curium after argument there be no remedy for it their  constitution be so
case the king against the will OF Abingdon return to a mandamus require the  great certainty S c ante S c salk S c Carth S c ld ray holt chief justice the  reason why a return to a mandamus require the utmost certainty the law allow  of be not only that the party may have sufficient to ground his action upon if  false but to the end the court may know what judgement to give upon it in case  it be demurrer upon and because it can be help by plead
case the king against thomas a order of maintenance to pay so much a week till  further order be bad order of session upon a repute father of a child I move  to quash it for that the order be that he shall pay so much a week till far  order which the justice have no power by the statute to make for that further  order may be forty year hence now after the child shower KB death or arrival  to twentyone year of age the repute father be discharge quash a
case the king against thomson in felony after a indictment find and remove the  king bench may order a trial at bar S c holt the defendant be of good  reputation and ride in the king guard be take by the hundred for a robbery on  the forty day and it be fear he shall be too violent prosecute that the  hundred may discharge themselves by his conviction a trial at bar be move for  and by holt chief justice it have be use to grant trial at bar in like case  but there be no bill find he say they can make no rule but if there have be a  bill he say then it may be remove by certiorari c and he say there be one way  to sue a special commission to find a bill and even so there must be process  and fifteen day between its testae and return and return to be on common day  and he say he know one holt a attorney who have narrow escape be hang at  Cambridge assize because he be like one Ambrose holland a highwayman
case the king against tomb where recognizance may be compound after they have  be estreated the court if recognizance be estreated into the exchequer because  not punctual comply with yet if the patty appear and take his trial at the  next session he may compound for a very small matter in the court of exchequer  because the effect though not the exact form of the recognizance be comply  with second that judge of oyer and terminer be the proper judge whether  recognizance ought to be estreated or spare it be for the advantage of public  justice that it shall be in the power of justice of oyer and terminer to spare  the recognizance if upon the circumstance of the case they see fit three no  instance can be produce of any certiorari to remove a recognizance for  appearance from judge of oyer and terminer and it will be to take away a  jurisdiction that proper belong to they
case the king against Tooley motion for attachment for not obey a peremptory  mandamus ante p Tooley have be a mayor of a corporation and decline swear in  the mayor elect and after a peremptory mandamus a attachment be move for  against he upon affidavit that he keep out of the way so that there can not be  a personal service make to he and that the writ have be leave at his house and  order he shall show cause c and a difference be take between this and the case  where money be to be pay on a award for there there ought to be personal  notice before attachment say qure if it be not par ratio a see king v Thomas  Mod king v Lister stram b player v petit side modern report er p
case the king against tuck in a information on Geo c if the defendant be  charge with have forfeit two shilling he shall be intend to be a gentleman in  a conviction for curse and swear it shall be intend that the defendant be  above sixteen year of age S c Sess case S c ld ray the defendant be convict  before a justice of peace upon the statute will c make against profane curse  and swear a this statute be repeal by Geo c S a upon a motion to quash this  conviction the objection be as follow first by the statute the person convict  be to forfeit two shilling for every oath if he be not a common labourer  soldier or sailor now it do not appear upon the oath of the informer that the  defendant be a gentleman and neither a common labourer soldier or sailor the  court hold that it be not necessary to aver that the defendant be not a  soldier sailor or common labourer for since he be charge with two shilling for  every offence it shall be intend that he be a gentleman if so charge by the  informer second it do not appear by this conviction of what age the defendant  be when he do profane swear for by the statute he must be above sixteen year  old the court hold that it shall be intend the defendant be of age if so  charge by the informer modern report three this conviction be uncertain for  after the nature of the oath be set modern report er p out the witness swear  that the defendant repeat it sixteen time for which he be convict to forfeit  thirtytwo shilling whereas a repetition presuppose a former act do so he swear  seventeen time therefore the conviction do not agree with the evidence the  court as to the not charge he with more than sixteen time when it shall be  seventeen time swear it be but give one oath free and there must not be too  much nicety in these conviction in the case between the king v sparrow a ante  a the conviction be quash for not set out the oath
case the king against TUMOCK where a statute appoint a indictment to be at a  general quarter session a indictment at a general session be ill indictment  for a offence ad general a sitting without say general Quarterialem in a case  where the statute appoint it to be at the general quarter session and quash
case the king against turner a order on Elizabeth c S for the maintenance of a  poor relation must be make at a general quarter session S c salk S c Sett Rem  a order be make at the general session of the peace hold for the county of  wilts by which the defendant be assess towards the relief of another person by  virtue of the statute of Elizabeth c and be indict for disobey that order  which be remove hither this exception be take to it the order be lie to be  make ad general a sitting peace tent c and do not say quarterialem when it be  express require by the Elizabeth c S that the relief shall be as the justice  of the peace at their general quarter session shall assess for which reason it  be quash
case the king against vaux on a rescous return a small fine may be impose the  sheriff return a rescous against the mother and sister of the person arrest  they come into court with affidavit of the state of the fact and move that  they may submit to a small fine sergeant darnel for the plaintiff move that  they shall pay the plaintiff the cost he have be at before they shall be admit  to make this motion modern report er p Eyre justice we can now inquire of the  cost modern report Pratt chief justice I doubt whether this be not a hardship  upon the plaintiff to make he maintain the sheriff return when perhaps he know  nothing of the fact fazakerly the plaintiff may have a action against the  sheriff if the return be false and if this shall be allow a bailiff may make  such a return upon a innocent person and the remedy against the sheriff be  precarious for it be personal and he may die there be but two woman and it can  be suppose they beat two bailiff Pratt chief justice read the affidavit which  be hear the court fine they twelvepence each absent powys
case the king against vaws a presentment for refuse to be swear a constable  must state before who the session be hold S C keb cro Elizabeth Mod comb ld  ray ld raym salk stram hawk p c dougl term Rep move to quash a presentment for  refuse to be swear constable of a hundred because the presentment do not  mention before who the session be hold which be quash accord and Twisden  justice say the clerk of the peace ought to be fine for return such a  presentment
case the king against VICARIES the quarter session have no authority by  Elizabeth c to proceed against quaker for not go to church indictment against  he be a Quaker in Bristol on Elizabeth c and not guilty plead and verdict  against he that he shall be commit for three month without bail or mainprize  accord to the tenor of the Act a writ of error be bring Mr pollexfen assign  these two error first the statute that create this offence do not give the  quarter session any power over this matter this be a offence whereby his  liberty and estate be subject to a forfeiture it be none of those offence of  shower KB not come to church or go to conventicle of which they have  jurisdiction and no statute give they power they can have none so that it be  all in person non judge the court incline that they have no authority but will  not deliver any opinion for second the indictment be that the thirty of  December he be of the age of sixteen year et greater number and do abstain  from go to church per interval One month ante tunc time elapse which be nought  for the offence be if any one be of the age of sixteen year shall obstinate  abstain from c so that it must be after he be of the age of sixteen year which  exception the whole court allow as fatal and the judgement be reverse
case the king against viscount hertford if money or good be deposit with a  person to keep general without any reward for so do and he be rob of they he  be not answerable resolve by Pemberton chief justice in the case of a clerk  belong to the late sheriff of Hertford upon evidence at guildhall in a trial  against he that if money be deliver to one to keep general without any  consideration or reward for so do if the person be rob he be discharge and the  owner shall bear the loss contrary to coke in the first institute the fact be  there be a execution against the plaintiff he bring ninety pound to the  defendant part of the condemnation money which he refuse to take say the  plaintiff in the action will not accept it and he have nothing to do with it  he must go to he shower KB and the party say he will be in town next Friday  pray do you keep it till then and I will come again to you when the plaintiff  will be here and accord go away and before the Friday the defendant chamber be  rob and now hold that no action lie against he hilary term the thirtythird and  thirtyfourth of Charles the second in the king bench sir Francis Pemberton Knt  chief justice sir Thomas Jones Knt sir William dolben Knt sir Thomas Raymond  Knt justice sir Robert sawyer Knt attorney general sir Francis winnington Knt  solicitor general
case the king against Wadsworth the court will not quash a indictment for  extortion vent side salk will stram burr burr andr Com dig indictment h Bac  Abr counsel move to quash a indictment against a miller for take too great  toll because it be not say jurat nor load nor the juror name the court it be  against the course of the court to quash a indictment against a person for  extortion or oppression we can do it demurrer to it modern er p
case the king against walden indictment for word speak to justice of peace  indictment for that the defendant be before a justice of peace for a matter as  it do appear conusable by he he contemptuous c speak these word your worship  speak to I here but you dare not do so in another place and it be quash on  motion a
case the king against Warburton information post if rule be for fill a  information and nonprocess thereupon for nonappearance of the defendant a new  one can be without a new rule for the first be execute and here the court give  a new rule upon payment of cost
case the king against ware on indictment for barratry the defendant must have  a copy of the article ware be indict for barratry in which case the defendant  ought to have a copy of the article to be insist on against he at the trial  beforehand that be may have a opportunity of prepare a defence and bear a  notice leave with the defendant servant be adjudge ill and a trial without due  notice ought not to stand and when there be a rule to give a copy of article  and that be not do the prosecutor ought not to be admit at the modern report  trial to give any evidence and then the defendant be of course acquit a but  see now whether c S and Tidds pract Sellons pract a see Mr Dottins case stram  strong v how Mod sir Richard Hugh v Maire term Rep modern report er p
case the king against weaver if a procedendo issue on neglect to deliver a  certiorari to remove a order of session the court will not grant a alias  certiorari a order concern money give and collect for the repair of a bridge a  certiorari go but through the attorney carelessness it be not deliver in time  and so a procedendo go and thereupon I move for a certiorari notwithstanding a  procedendo first have be grant in here part in the book call the thesaurus  narrow places there be several precedent of a alias certiorari to remove a  indictment upon a insufficient return to the first and this be shower KB no  more and in the office be several of this kind the court it be your own fault  not to deliver the first and if you sleep on the first we will not help you
case the king against web venue change by the king before appearance S C vent  S C side S C keb salk a affidavit for change of a venue make before the party  be arrest and allow but in the case of common person it be now order by rule  easter car that the defendant shall not move to change the venue in any action  until his appearance be enter lofft impey practice that edit will stram say  Cowp term Rep
case the king against weston conviction for kill of rabbit this be a  conviction before justice for the kill of cony in a warren enclose it be move  to quash this conviction because the statute James c which relate to warren  enclose do not give this summary way of proceed by conviction and the statute  of car c which authorize that way of proceed do not relate to warren enclose  the word of the statute be to this purpose forasmuch as cony be destroy in  warren and ground not enclose by reason the same be not prohibit by the  statute in that case provide which extend only to ground enclose therefore it  be enact that whoever shall wrongful enter into any warren or ground lawful  modern report use for keep of rabbit though the same be not enclose c the  court the conviction be well warrant by car c for the former be a partial this  a universal law into any warren this satisfy the preamble there be a vast  difference between the word not enclose and though not enclose the former be  restrictive but not the latter unless this Act extend to warren enclose they  will be in a worse case than those not enclose because then a offence in the  latter will be punishable by the short way of conviction before justice but  not the former a second objection be that the summons be nought for want of  time give to the party to make his defence but it be answer that though the  reason of summons and give time be find on natural justice that a person may  have a opportunity to make his defence yet this conviction be find upon  confession of the party the objection vanish
case the king against white non to be dainties no good return to a mandamus to  swear a churchwarden a mandamus be direct to a archdeacon to swear a  churchwarden who be elect by the inhabitant c he return non to be dainties  this be adjudge to be no good return but ld Raymond say that this  determination be certain wrong for the return be a good return and have often  be make to such mandamus and action bring upon the return and try ld raym Mod  pl Mod that non to be dainties be not a good return be deny for the court say  that case have be overrule and they hope never to bear it cite again Fitzgib  stram Barnard king b note to the former edition a and a peremptory mandamus be  grantedBurr b
case the king against wilders fraud must be by false token indictment for sell  as a fraud one hundred and forty for one hundred and fortyfour gallon of beer  be a brewer quash on motion of sergeant darnel for modern report er p that it  be matter for a action on the case only not for a indictment which lie only  for false token conspiracy or a cheat here do not appear to be any for it may  be very innocent only a mistake
case the king against williams and other on a indictment for a rescue a writ  must be show indictment for rescue borlace out of the sheriff custody in the  Inner temple which set forth that a latitat issue forth against borlace  boundary sanct the number three whereon he be arrest and they rescue he and  the indictment be quash because it do not appear that any legal latitat issue  out there be no such term as sanct the number three a hard modern report er p
case the king against wood obtain good upon a false pretence be not indictable  at commonlaw unless it be of a public nature S C Sess case salk Mod ld ray Mod  Bac Abr fitzg Cowp Bl Rep term Rep term Rep a indictment for a fraud omit the  where in fact c be bad a indictment set forth that I I have seventeen yard of  silk wood deceptive tell he that a young woman have occasion for it to make  her weddingclothes on which he sell it to her under colour of that false  pretence Montague move to quash it first because no indictment lie for this  matter for there be no trust and if there be any a action lie for it by Geo c  obtain good by false pretence be a indictable offence but see hawk p c ch a  second it be not aver that the young woman do not marry or that she have not  occasion for it per curian let it be quash
case the king against yates outlawry reverse not appear where the court be  hold burr hawk p c page a outlawry for high treason be reverse upon the  exception that it do not appear where the first court be hold
case the king against young before outlawry for murder can be reverse a to  know facias must go to all the lord or attorney general must on record confess  there be no land young be outlaw for murder and bring a writ of error and be  bring to the bar be ask what he can say why execution shall not be award  against he and present a writ of error upon his knee and assign for error that  it do modern report er p not appear that the county court at which the  proclamation be be hold for that county a modern report holt chief justice you  must bring a to know facias against all the lord mediate and immediate or Mr  attorney must come into court and confess on record that you have no land or  tenement though he say he have know outlawry reverse without such to know  facias but that be a dangerous course for the lord mediate and immediate who  though when they be summon by such to know facias can not plead in nullo be  erratum nor bar the reversal of the judgement yet may plead release or fine  levy to they by the outlaw person after the outlawry in bar of restitution but  since they can maintain the judgement such to know facias seem rather of  caution than of necessity b and after reversal of the outlawry in this case  upon the attorneygeneral confession of no land the defendant be commit to  Newgate to undergo his trial the next session
case the king against young when a indictment come into b r it may either be  try there or send back as the court think proper this case be move again per  holt chief justice to try the defendant in this court there must be a venire  facias returnable at the common day and fifteen day between the testae and  return of it a and though the record of outlawry and all the other proceed  against he e in this court yet by the statute of Henry c b we may send her  down to the old Bailey but we can not send they a record of a indictment  before that statute and such case have be sometime try a it be say S c ld ray  that it be rule by the advice of the clerk that he ought to imparl until next  term the same law if he come in upon attachment but upon to take in hand  return to a capias he shall plead instanter a roll Abr hale Inst hawk p c ch S  b hawk p c ch S modern report er p at nisi prius c and he quote the case of  one turner in my Lord hale time who be bring hither from the old Bailey to  reverse his outlawry and the court be clear for send he back if the prosecutor  have not desire he shall be try here and in all case whatsoever where the  indictment happen to come hither though it be not by certiorari we may in our  discretion send it back and so it be rule here
case the king and queen against Armstrong outlawry in treason reverse because  say at a court of husting and the word hold for the city of London be omit  outlawry in treason may be reverse without to know facias to the lord c a  motion be make to reverse a outlawry in treason there be a writ of error bring  and the error assign videlicet that it do not appear where the husting be hold  for it be at a court of husting c omit pro community London the court incline  to reverse it for this error but one of the judge object that there ought to  be a to know facias to the lord mediate and immediate before the outlawry  shall be reverse to which it be answer that it be not necessary in treason  because the forfeiture do not belong to they but to the king whereupon the  outlawry be reverse
case the king and queen against buckeridge and other what shall be evidence of  land be Chargeable ration tenure to the repair of the highway Mod ld ray stram  a information be bring against the defendant for not repair of a highway  ration tenure between Stratford and bow it be try at the bar by a Essex jury  modern the evidence for the king be that Mawd the empress give certain land to  the abbess of bark to repair this way that the abbess c sell those land to the  abbot of Stratford who by the consent of his convent charge all his land for  the repair of the way and thus it stand till the dissolution c that then all  the land of the abbot of Stratford be vest in the crown be grant to sir Peter  Mewtis who hold they charge for repair the way and that from he by several  mesne conveyance they come to the defendant this be prove by several witness  live in other parish none be modern er p admit to give evidence vern vern Mod  Mod Mod fitzg Peer wms stram a who live in either of the say parish of  Stratford or bow but it be say for the defendant that no land shall be  Chargeable for the repair this highway ration tenure but such as be original  give for that purpose and so the defendant can not be guilty unless it be  prove that they have some of those land in possession which be give by the  empress to the abbess of bark and that no other land be liable former belong  to the abbot of Stratford but such which he buy of the say abbess the court be  of opinion that upon this evidence all the land of the abbot be liable to  repair this way and direct the jury accord who find for the plaintiff
case the king and queen against bug a indictment will not lie all session on  Phil mary c lsc skin SC comb the defendant be indict before the justice of  peace in their session upon the statute of Philip mary c he be a clothworker  and not live in a city borough or towncorporate and yet keep in his house more  than one woollen loom by reason whereof he have forfeit forty shilling per  week a exception be take to this indictment for that the justice have not  power to take it before they for they can by law hold cognizance of plead upon  penal statute without a express power give they by these act and here be no  such authority allow by this Act the indictment be for that reason quash
case the king and queen against bullock a single justice have not power to  commit under Henry c in a summary way unless the offender be bring before he  instanter upon view of the offence commit by the statute of Henry c it be  enact that none shall shoot or keep in his house a crossbow handgun c unless  he have land to the value of one hundred pound per annum on pain to forfeit  ten pound for every offence and that any person may carry the offender before  the next justice of peace who upon due examination and proof have power to  commit he till he pay the penalty justice in session and steward of leet have  power to hear and determine these offence the defendant not have the hundred  pound ayear do shoot in a gun in the month of February and in march follow be  bring before a justice of the peace and by be be convict of this offence  modern and now a motion be make to quash this conviction because it be before  a single justice who have not power by the statute to proceed in a summary way  unless the party be bring before he instanter upon view of the offence commit  which be not do in this case and therefore the prosecutor be order to show  cause why it shall not be quash
case the king and queen against gilbert leet by prescription may be hold at  different time and need not show by what authority S c salk in many place by  prescription leet be hold at other time than within a month after easter and  Michaelmas modern report er p in all leet they only say ad cur c tent such a  day without show their authority it have be a good objection not to show  authority if constant practice have not be aliter
case the king and queen against hicks a information on a penal statute must be  bring in the county where the offence be commit but a action of debt on a  penal statute lie at Westminster though the offence be commit elsewhere SC  salk SC salk SC Mod a information be bring on the Elizabeth c against  Marmaduke Hicks and it be lie in Middlesex in the name of sir Samuel astry for  exercise the trade of a grocer by the space of three month not have serve as a  apprentice for seven year to that trade contra form to cause to stand c the  defendant do not live in Middlesex nor use the trade there but in another  county and upon a demurrer the defendant have judgement because this  information be ground upon a penal law it ought to be lie in the proper county  where the modern offence be commit and not elsewhere by the express word of  the statute of James c it be true a action of debt will lie upon the statute  of Elizabeth c in Middlesex wade who tam v Ripton side and barn who tam v Hugh  side a though the offence be do in Cumberland because the statute of king  James do not intend to deprive the court of Westminster of such action but  only of those which may be bring before justice of assize or of the peace now  information may be bring before they as well as in this court but debt can
case the king and queen against portington superstitious use void and though  by Edward give to the king that do not extend to future one S c Eq Abr S c  salk S c salk ejectment upon a superstitious use holt chief justice the  statute of Henry c make superstitious use void but do not give they to the  king a the a see Hobart and the case of Morley v Vivian post a in the case of  barn v Hugh vent b see shipman v Henbest term Rep a see Amb and the statute  Geo c modern report er p Edward c give to the king but do not extend to future  use since wherefore it will be convenient for the heir to seek remedy in  parliament accord to more
case the king and queen against prat the master of a apprentice in husbandry  die the justice at the session order his executor to keep he quash and say  perhaps covenant may lie against the executor S c salk S c show a man take a  apprentice in husbandry accord to Eliz c who die before the time of service be  expire and the apprentice be impotent and a cripple the justice of peace by  order of session send he to the executor and order he to keep he and it be  quash because the inconvenience will be great if the executor shall be force  to obey it for perhaps he have not asset and it can be try whether he have or  not upon a proceed at session a beside the executor may be in another county  and then can be charge with this order and per Eyre justice a apprenticeship  be a personal trust between master and servant b and be determine by the death  of either c because the end and design of it can be obtain for the executor  may not understand the trade in which he be to be instruct perhaps a action of  covenant may lie against the executor upon the contract of the testator but  there he may make his defence by plead no asset and therefore this case differ  from side
case the king and queen against wright for forestal have England turkey good  indictment for forestal centum et eighty have England turkey move in arrest of  judgement that it be uncertain and can not be supply with a England style Noy  but curian contra on the authority of Hardres which be a case in point
case the king and the informer against FREDLAND a hempdresser be not a trade  within the Elizabeth c S   a   Bulst vent more hob cro James Carth salk ld ray  Mod Bac ab Com dig error of a judgement in London upon a information upon the  statute of Elizabeth c S for use a trade wherein he be not bring up as a  apprentice for seven year videlicet for use the trade of a hempdresser and for  this the error be assign and all the court hold that this be no such trade as  be within that statute for it be not a trade require much learning or skill  and every husbandman do use it for his necessary occasion and it be not within  the word or intent of the statute and Jones say he much doubt of the use the  trade of bake and brew but it be thereto answer to which he agree that it  extend only to common brewer a see this point move again and argue by the  judge post croak car er p and common baker and not to any who brew or bake in  their private house whereupon rule be give absent Brampston that judgement  shall be reverse unless cause c note this be without argument be conceive to  be a clear case
case the king vers clerk in b r a custom to commit for refuse to come upon the  livery in the vintner company hold good holt SC comb SC salk SC salk SC Mod SC  Mod SC raym Mod keb SC Com dig Bac Abr a habeas corpus be bring for the  defendant who be commit for his refusal to come upon the livery in the vintner  company of London the custom be return that if any member refuse to take the  livery c the court of assistant may commit he to the officer of the city that  clerk refuse and be commit to the keeper of Newgate but it be not say that he  be a officer of the city and for this cause the return be ill for the return  ought to show that the custom be pursue and the best pursuit be for the court  judicial to commit he to the sheriff Mod a who be the officer of the city  therefore the defendant be discharge but the court hold the custom to be good  and they think that as there be mention of a warrant in write such warrant  ought to be return in haec word
case the king vers corporation OF rippon in b r see SC ld raym e r with note a  action lie against the member of a corporation by their private name for a  false return to a mandamus by their corporate name ld raym S c salk SC Carth  by the court a action lie against any of the member of the corporation of  Rippon in Yorkshire by their private name for a false return to a mandamus  direct to the corporation by their corporate name and so as holt c j say it  have be hold in a action for a false return to a mandamus direct to the  corporation of Canterbury t Jones lev SC keb S c a
case the king vers eller in b r when the court will not hear any argument  about the plea on a demurrer before the trial of the issue m d SC but not S p  Com dig this be a information against the defendant for   several receipt of  several person to who sum of money be due out of the exchequer by mean of  which receipt he without the privity of the person to who the money be due do  receive the sum aforesaid the defendant as to the   of the receipt or know  they to be   plead not guilty and as to the residue of the information he  plead that he receive the say receipt of one smith a solicitor and receive the  money and after a discovery of the fraud in smith he give notice to the person  and pay the money to they without prejudice to the exchequer to which it be  demurrer for that this plea amount to the general issue but the court will not  hear any argument concern the plea before trial of the issue
case the king vers harris in b r restitution ought to be make immediate upon a  conviction of a forcible entry Carth c salk SC holt SC Mod SC Mod SC ld raym S  c a indictment upon the statute of h c for a forcible entry be find before the  justice of the peace but no restitution be award at the time of the conviction  but at the end of two year and a half restitution of the possession upon this  indictment be award to the party oust and now upon a motion after deliberation  Rerestitution quere ld raym a restitution be grant by the whole court for as  the indictment be find restitution ought to have be award immediate for the  intent of the statute be to give a present remedy and for that reason do not  delay it till the quartersession but empower a private justice to put the Act  in execution but if he do not restore the party oust he do not put the Act in  execution as require and holt c j ground his opinion upon   Bonhams case  towards the end if a man be imprison upon the statute of h by the censor of  the college of physician he ought to be commit immediate and there it be say  that the justice of the peace upon their view ought to commit the offender  immediate and for the same reason ought they upon h to make restitution  immediate holt c j say in this case that justice of the peace may remove the  force upon their view but they can not grant restitution ld raym Com dig  comens er p comens de term sanct hill will III in b r
case the king vers Huggins in a action for a escape the defendant be allow to  lead double Barnard p SC park this be a action for a escape for the debt of  the king against the defendant late warden of the fleet Mr ware move that the  defendant may be allow the liberty of plead non debet recent pursue with  hostile intent be for by the statute annae c it shall be lawful for any  defendant c with leave of the court to plead as many several matter as he  shall think necessary for his defence and this statute extend to the king suit  as well as to that of the subject for in sect it be say this Act and all  statute of Jeofails shall extend to all suit for recovery of debt immediate  owe or any revenue belong to her majesty her heir or successor and to all  court of record in the county palatine of Lancaster Chester Durham and  principality of Wales and all other court of record in this kingdom and so it  be agree in this court and afterward upon affidavit that the escape be not  voluntary for otherwise by statute W c S plea of fresh pursuit be not  Allowable the defendant be allow to plead both plead it be say in Parker  report p that this case be misreport for though on the that of April there be  a rule to show cause why these plead shall not be plead yet that rule be  discharge on the that of may follow and it appear by the record that the  defendant do not plead non debet but only reception by fresh pursuit this also  appear to be the case by the report in Barnardiston comens er p comens de term  sanct hill geo two in scacc
case the king vers in b r a certiorari lie to remove a order of justice of the  peace upon a private Act of parliament ld raym salk Mod a certiorari lie to  remove a order make by the justice of peace concern the repair of a bridge and  wear pursuant to a private Act of parliament and the justice ought to return  the private Act upon which their order be find and a certiorari be grant  accord by the court comens er p
case the king vers pond in b r a Nola attendance may be grant upon a  indictment against a surgeon for refuse to be a constable burn just this be a  indictment against pond a surgeon for refuse to be constable and it be move to  Raymond attorneygeneral that a Nola attendance may be grant for by the statute  h c by the saint Geo c S surgeon in London be exempt from the office of  constable upon the petition of the warden and company of surgeon it be enact  that the suppliant be not Chargeable of constableship watchoffice bear arm and  inquest in the city of London and by the stat h c all person of that  corporation be exempt from bear arm or put on to watch or inquest and  therefore by their charter James they be exempt and though it be hold thatBy  the saint Henry c the precedent Commons and fellow of the faculty of physic in  London shall not be choose constable physician be not exempt the authority of  this case be deny in comb a side Mod keb yet it be say by Keble that surgeon  may be exempt and by the equity of those statute and custom of the realm all  surgeon have be allow the same privilege and therefore a Nola attendance be  allow unless cause and no cause be show as ever I hear
case the king vers the inhabitant OF CHALBURY order of removal not appeal from  conclusive to all the world holt S c salk Mod upon a certiorari the case  appear to be this a order be make for the removal of a pauper by two justice  of Warwickshire to Chalbury in Oxfordshire which parish do not appeal to the  order but obtain another order of two justice to remove the pauper from  Chalbury to Farringdon in the county of Berks and now it be move to quash the  second order and holt c j and gold be of opinion that the second order be ill  as thereby the party be remove to a new parish for Chalbury not appeal to the  order make by the justice of Warwickshire who send the pauper to they as to  the last place of settlement be conclude from say that Farringdon be the last  place of settlement for if it be Chalbury will have the advantage of it upon  the appeal but Turton doubt and it be adjourn
case the king vers the inhabitant OF Gravesend in b r order of removal ill  because the pauper be thereby send to the master and not to the parish where  settle burn just a motion be make to quash a order of session first because a  order be make by two justice to send I Goodberry from Gravesend to Lawton her  master in Chadwell with who she be hire as a servant for a year until she  shall be discharge and afterward on the saint of November the first order have  be make on the that of November by the justice of Gravesend another order be  make by two justice of the county of Essex to send the same person from the  parish of Chadwell to the parish of Gravesend and it be insist that the second  order be ill be make before any appeal from the first order or discharge from  the service say non allocatur for the first order be to send the person to her  master from which order no appeal lie and not to send her to the parish of  Chadwell as the place of her settlement second it be object that the second  order be ill for that the word be these be to order you to remove I Goodberry  to the parish of Gravesend and to deliver her c there to be provide for accord  to law unless she be able to provide for herself and these last word refer to  all the order part and make the order conditional and so if she be not able to  provide for herself she ought to be remove and if she be she ought not to be  remove say non allocatur for those word be only explanatory of the former word  when she ought to be provide for
case the king vers tiler in b r a defect in the writ be aid by the voluntary  appearance of the defendant but not when his appearance be by coercion ld raym  SC salk SC Mod S c this be a appeal f or murder the defendant protestand that  the writ be not sufficient for that there be not fifteen day between the  testae and the return of it plead that he be former indict for the murder and  find guilty only of manslaughter whereupon he pray the benefit of the clergy  and have it to which there be a demurrer and as to the writ it be say by the  counsel for the plaintiff that this matter of the protestand be pleadable in  abatement but as the defendant have not plead it but only take hold of it by  protestand the appearance aid the writ holt c j say that it appear upon the  record and although a voluntary appearance aid the defect of form in the writ  yet a appearance by coercion do not aid it and by the comens law there ought  to be fifteen day between the testae of the writ and essoinday but here the  appeal be test on the that day of October returnable quinden mich and the day  of essoin happen on the that of October say adjornaturJudgment be give in this  case for the defendant ld raym
case the lady russel and wood case if the sheriff return rescous as the return  of the bailiff of a liberty it must appear that he have to turn in a lathe  narrow places and such return be not traversable palm roll Jones lev salk yely  strange foster   dig Bac ab imp Sh to Rep dyer lady Russel and wood be return  by the sheriff of Herks to have make rescous upon such a bailiff to who he  direct his warrant to execute his writ William sergeant croak Elizabeth move  that this return be insufficient because it do not appear that the bailiff  have to turn in a lathe narrow places which ought always to he mention upon  the sheriff return as Henry pl Edward and Henry and all the court agree that  it ought to have be so if he return it as a return of the bailiff of a liberty  but he here return it in his own name wherefore it shall he intend that it be  his own bailiff and although he name he in his return bailiff of a liberty a  that be but a void addition and then it be praved that they may he admit d to  traverse this return because it be false send for ding to Elizabeth dyer and a  precedent be cite in this court Edward rorl and that in the common plea it be  usual to admit a traverse in such case but the clerk say that the course of  this court have always be to reject such traverse and that the precedent of  Edward which be cite can not be find wherefore Popham and the court command  that precedent shall he search whether a traverse have be admit in such case  and if it can not he find before these time to have be admit then it shall not  he allow
case the lady wyndham case trover lie to recover flotsam wrongful take after  it have come to land Inst roll Abr ld ray l Mod Bac Abr notorious facts term  Rep if flotsam come to land and be take by he who have no title the action  shall be bring at the commonlaw and no proceed shall be thereon in the court  of admiralty for there be no need of condemnation thereof as there be of prize  by the opinion of the whole court of common plea
case the lord coningsby case if a bill in equity bring in the duchy court to  recover land grant by the crown omit to aver that the land lie within the  limit of the duchy it be good cause of demurrer S c Eq ab the plaintiff  exhibit a bill in the duchy court for several land c recite some act of  parliament and set forth several patent and grant from the crown and from  thence derive a title to himself of those land with in the duchy the defendant  demurrer to the bill because the plaintiff do not express aver the land to be  within the duchy but only by inference this demurrer be argue before the Lord  letchmere chancellor of the duchy court and before the Lord chief justice king  baron page and Mr reeves assistant and they deliver their opinion seriatim in  which they all agree that the duchy be a circumscribe jurisdiction and that in  all such jurisdiction the plaintiff in his bill or declaration ought to show  that the cause do arise within the jurisdiction a sand vent side lev Jones Mod  will stram ld ray term Rep a otherwise the defendant may take advantage of it  by demurrer that in court of general jurisdiction as the court of exchequer or  king bench though universal as to the right yet because circumscribe or limit  as to person such averment must be make though where the jurisdiction be  general such allegation be not traversable as it be in a circumscribe  jurisdiction therefore the plaintiff shall have positive aver these land be  within the duchy otherwise he can maintain this bill modern report er p
case the lord Dacres case addition not necessary where outlawry do not lie  Henry pl b Wilson Henry pl hale he be indict for encroach upon the highway and  exception take because it be not express of what placehe be Secrnon allocatur  for process of outlawry lie not against he but distress and so it be rule in  the Loi d PageIts case
case the lord rich against richard frank administrator of Thomas frank Hilary  term James roll a action against a executor for a duty accrueing subsequent to  the death of the testator may be in the debet et to hold off post roll ab    cro car cro Elizabeth side Mod dyer in marge Bulst Allen ld ray debt for  fiftyone pound one shilling and threepence rend quas ei debet et injust to  hold off upon a lease make to the intestate of the manor of Hatfield Broadoke  and suppose the rend to be due after the death of the intestate the defendant  plead non debet and it be find against he it be now move in arrest of  judgement that this action ought to have be bring in the to hold off and not  in the debet et to hold off because he be charge as executor and not for his  own debt a but it be adjudge that the action be well bring
case the lord saint John against BRANDRING the executor of a lord of a manor  may bring a action of debt for a relief against the executor of the heir Noy    latch see Mr hargrave   light a b b invotis debt as executor to Lord saint  John decease against the defendant as executor of the heir who be to pay a  relief after verdict the issue be upon the tenure and find for the plaintiff  it be move in arrest of judgement that the executor of the lord neither by the  commonlaw nor by the statute of Henry c may maintain a action of debt for a  relief due to the testator the court hold clear that he may by the letter and  intent of the statute it be a duty to the testator although it he not a annual  service secondl it be move that debt lie not against the executor of the heir  it be a personal duty by the testator no more than debt lie against the  executor of croak Elizabeth er p the warden or a escape suffer by the warden  the court hold that the action well lie and that the case be not alike for in  the one case the testator be Chargeable for a personal wrong which die with  his person a and ischargeable by the statute law which charge shall not fall  upon his executor but in this case the testator be charge as for a duty due by  he for which he can not have wage his law therefore his executor be also  Chargeable and it be adjudge for he plaintiff vide Henry pl Henry dyer Henry  pl Henry pl
case the lord saint John against talbot in what case tender of marriage be  traversable post   light cro James   forfeiture of marriage and count that the  father of the defendant hold of he by knightser vice and die the defendant his  heir be within age whereupon the plaintiff tender he a marriage and he refuse  and marry himself elsewhere and at his full age intrude the double value of  his marriage not be satisfy the defendant acknowledge the tenure and marriage  traverse the tender and it be thereupon demurrer and rule that the tender be  chief traversable in this case but the court hold that in a v alore maritagii  the tender be not traversable for the lord shall have it without tender  Anderson and Walmsley hold that if the heir marry himself before tender the  lord shall have only v alorem maritagii and not the forfeiture for the tender  afterward when he be marry be in vain for he can accept of it and it shall not  gain to the lord the double value a
case the marquis OF Winchester case judgement of recusancy may be reverse for  any defect in the record itself that tend to the king prejudice as the  omission of a to take in hand c notwithstanding the word of James c S ante   a  raym   roll cro James shower keb Mod Bac ab hawk p c the king may reverse a  judgement of recusancy notwithstanding James c S show Mod hawk p c t error to  reverse a judgement for the king upon a indictment against he by the name of  Lord saint John for recusancy for his absence from church for two month  whereupon be appear and plead not guilty it be find by verdict that he be  guilty for the absence of one of the month parcel of the time and not guilty  for the other month wherefore it be adjudge that he shall forfeit twenty pound  and for the other month eat ind without die and the king attorney signify his  majesty pleasure that if it be erroneous it shall be reverse and roll assign  diverse error first that the indictment be at castrum Winton and he do not say  in what county or parish Winton be second it be in person John finch c justice  de gaola deliberand and be do not say justice ad assisas et ad gaolam to weigh  well three because the indictment be against he by the name of owner saint  John without other addition fourthly because the indictment be quod non  accessit ad a church parochial predict and there be not any church mention  before and the court hold that none of the exception be material and it be  doubt whether any exception be good upon conviction of recusancy for the  statute of James c S be precise that it shall not be void or discharge for  default of form or other matter until after conform himself by come to the  church croak car but afterward because the judgement be not therefore to take  in hand and the omission thereof be apparent to the king prejudice and for  that upon every conviction in indictment the judgement be quod to take in hand  for this cause the judgement be reverse
case the marshal OF the king bench against MIDDLETON sheriff bind for ease and  favour void side sand vent lev see hard lev   hob see the statute Henry c and  the case of Roger v reeves term Rep wile justice say a sheriff bind for ease  and favour be void at commonlaw and so it be declare in sir John lenthall case
case the master warden and company OF cutler in HIGHAMSHIRE against buskin a  bylaw that a cutler shall only take one apprentice at a time be good debt on a  bylaw for forty shilling penalty that a cutler shall keep no more than one  apprentice breach assign that the defendant two personas ut apprenticios onion  bed et to watch and so do not say that they be apprentice but curian contra  for the design of the company be in this bylaw to hinder any member from  qualify more than one at a time but if he have take one to live with he in the  exercise of the trade for seven year this be a sufficient qualification though  the party be never bind as a apprentice and he shall have equal privilege with  one bind Northey move that the plaintiff may have cost the action be modern  report bring for a sum certain of forty shilling as a penalty vide cro car and  per curium that be a settle case and cost be award but with this difference  put by holt chief justice that where the action be bring by the party grieve  and the penalty certain he shall have cost because the defendant ought to have  pay it without suit and when a penalty be give to the party grieve it be  certain to who payment ought to be make but where bring by a common informer  he shall not for he be altogether uncertain and have no title to money until  he bring his action and it be that vest a interest in he
case the mayor OF berwick case the king writ do not run into Berwick for it be  not within any county in England Berwick upon Tweed be not within any county  have no sheriff the mayor there make execute and return all process and  general their suit there be commence and end in their own court but in a cause  of land there if commence here there be a suggestion make on the roll that  breve domini king there non to run as it be ill Wales and on this reason a  attachment can not be grant against the mayor because no sheriff to execute it  but a tipstaff be send
case the mayor OF LAWNSONS case a mayor can justify take corn damage pheasant  from the marketplace post   ld raym Cowp term Rep stram trespass against he  for take a quarter of corn he justify for that it be within the town of  Lawnson and et be damage pheasant in his freehold the plaintiff reply that  they be by charter in the time of queen mary incorporate c and a market be  grant to they and the place where c be appoint for the marketplace and he  bring his corn on the marketday and set it there and the defendant take it and  upon demurrer it be adjudge without argument that upon this matter the mayor  can not justify the take
case the mayor OF London against DEPESTRE Leygager be not allow in a action of  debt upon a prescription for a duty S C keb S C lev S C vent Mod mod Mod ld  ray ld ray hale chief justice show a precedent where a man can wage his law in  a action bring upon a prescription for a duty as in action of debt for toll a  by prescription you can wage your law
case the mayor OF London by commission the form in which the Lord mayor of  London be swear into his office this be Monday the twentyninth day of October  sir Henry Tulse with the new recorder sir Thomas jenner come into the  exchequer where be read a writ direct to the chief baron and other to swear  sir Henry Tulse mayor of the city of London in shades of dead our men modus to  step out vigor judgment super quo warranto in curian our men in person we  recently return with letter patent thereunto annex constitute he mayor of the  city habend duty mock how day we to please shower KB and he take the oath of  mayor there and the corporation oath c then he come to the king bench and  there the recorder read a warrant of attorney write in parchment community  London sacred scripture major community pillage agreed price et in loco his to  put down William Livesay attornatum suum ad all men et of every sort act to  cut et complaint pro eodam community prosequend et defendend and then pray it  may be file whereas it be former major partnership et fellow citizen community  pillage to put down loco his c
case the mayor OF winchester against wilks Qure whether a custom that no  person except those who be free of the city shall exercise a trade therein be  good S c salk S c salk S c holt S c ld ray a action upon the case be bring  against Wilks for use the trade of a woollendraper within the corporation of  Winchester contrary to the custom thereof which be that none who have not  serve seven year to a trade or have be free of the guild of merchant shall use  it within the corporation note it be not ground upon any bylaw or for any  penalty after verdict for the plaintiff a motion be make in arrest of  judgement that such action do not lie and cro Elizabeth and the case of the  corporation of totness be cite upon the point but the postea be not put in the  court order they to stay till it come in and then to have it put in the paper  and solemnly debate for holt chief justice say it be a point not determine  whether such a custom be good though many corporation pretend to it and he say  that some modern er p corporation pretend to a right by custom to exclude  foreigner but he think they can not support it and in easter term in the four  year of the queen judgement be stay upon fault in the declaration see S c ld  ray a and the court decline say any thing upon the merit which they say be a  question of great consequence
case the MIRFIELDS case Sussex in the twentyninth year of Henry indictment for  say that the king be a natural fool c Johannes Mirfield et William Mirfield  indictantur pro eastern quod to say that the king be a natural fool and will  oftentimes bold a staff in his band with a bird over the end play therewith as  a fool and that another king must be ordain to rule the land say that the king  be not a person able to rule the land et beyond to say that the charter that  the king make at the first insurrection be false and that be and his  fellowship will arise again and when they be up they will not leave any  gentleman alive but such as they listen c  Per not said session Sussex
case the parish OF ANMY crusis against BARNSLY a apprentice can hire himself  as a servant unless his indenture be legal cancel state the declaration of the  master that they be burn be not sufficient but the justice from this evidence  may find the fact John Jones during apprenticeship hire himself for a year the  master burn a paper and tell the apprentice it be his indenture but it do not  appear that it be the indenture but the apprentice go away and never return  Pratt chief justice this be not a settlement for there be no lawful hire  because if the indenture of apprenticeship be continue it be not lawful and it  do not appear to be burn there be only the declaration of the master which may  be evidence against he the master never pretend to claim the servant who go  away and hire himself modern report er p Mr will say it be a good settlement  because the master can not reclaim his servant or sue he or the second master  burn the indenture be conclusive evidence against the master if not against  all the world the servant can say he be discharge because he have hire himself  fazakerly contra there be no evidence but what the master say and no judgement  by the justice that the evidence be true it be not conclusive evidence I have  often hear say that confession be the worst evidence modern report Pratt chief  justice justice be judge of the fact this may be evidence of consent of the  master and apprentice and have that appear the apprentice may have gain a  settlement the justice shall have determine that but that not appear the order  be imperfect per curian quash
case the parish OF Binfield against the parish OF Banstead a order of removal  direct to the officer of two parish without say which be to remove and which  to receive be have Eyre solicitor general move to quash a order of removal  make by two justice the first exception be that it be wrong direct for it be  direct to the churchwarden c of Binsted and to the churchwarden c of Banstead  and who it may concern and it be not say who to convey or who to receive the  court seem to incline that it ought to be quash say adjournatur a Bedwicks  case comb saint George v saint olaf salk a
case the parish OF Bloxom against the parish OF kingston order quash not be  certain a order of session be quash for that it be that the person be likely  to become Chargeable as we be credible inform a a see thackham v Swindon salk  Minton v Stoney Stratford salk Swaincomb v Shensfield salk king v bishop  Walton Foley Cirencester v coke saint aldwins burr S c king v Bradenhagn burr  S c king v Bentley burr S c king v leigh call and Mr Consts edition of bott  poor law to a king v warden of the fleet post a this have be hold too  uncertain in the follow case king v wykes andr Trowbridge v Weston salk  Suddlecomb v Burwosh salk beg v Waltham great Sett Rem Reg v saint mary Ottery  Sett Rem Stallingburgh v Haxhay Sess case but now by Geo c no person shall be  remove until they become actual Chargeable modern report er p
case the parish OF Brightwell against the parish OF henley a service of forty  day under a hire for a year will connect with a immediate antecedent service  under a hire for less than a year S c Sess case S c Foley S c Bott p l stram  three week after Michaelmas a servant be hire until the Michaelmas follow and  upon the Michaelmas follow he be hire for a year until the next Michaelmas but  do not serve out the year but his service in both year be above a year the  question be whether this be a settlement for though here be a hire for a year  and a service for a year yet it be not a year service subsequent to that hire  Parker chief justice the rest of the court concur it be a settlement for here  be a hire for a year and service for a year though not under that hire which  be resolve not to be necessary in the case of Overton v Steepleton a fort S c  Sett Rem S c salk S c Mod S c burr S c S c bott p l see also the same point  king v Southmolton ld ray king v Eardiland Bott p l but the hire for a year  must be make before there be any discontinuance of the former service Wichford  v Bretford fort and for what shall be consider as a discontinuance see king v  Fifehead Magdalen burr S c king v Caverswell burr S c king v Ellisfield call  king v saint Giles read call king v Underbarrow call king v Grendon Underwood  call king v Sulgrave term Rep a but if a servant be hire during a whole year  from week to week b king v Bagworth call b and be then hire modern report er p  for a year and serve one week this be no settlement for the want of  continuance in the service for forty day c but it be now decide that a  settlement may be gain by serve a year under different hirings if one of they  be for a year although there be not forty day service under the yearly hire  king v inhabitant of respond term Rep c after the second hire
case the parish OF BUCKINGTON against the parish OF shepton BECHAMP indenture  of apprenticeship be not cancel by the master become a bankrupt or by his  deliver the indenture to a person to who the apprentice hire himself as a  yearly servant S c stram S c ld ray upon a motion to quash a order of session  the case be thus a order of two justice be make for remove Richard Allen from  the parish of SheptonBechamp to the parish of Buckington on appeal the session  confirm the order but state the case special that Richard Allen be bear at  SheptonBechamp but bind a apprentice at twelve year of age to John caryi at  Buckington where he live forty day but the master become a bankrupt Richard  Allen hire himself as a servant for a year to Joshua glover in Buckington and  serve accord during which service the apprenticeship expire when John caryi  deliver up the indenture to Joseph glover it be insist that a hire de facto  will gain a settlement for a man as well as a marriage de facto will gain  dower for a woman to which it be answer that this hire can not gain any  settlement because the indenture of apprenticeship be still subsist and can  not be discharge but by some other deed or by the session so that this be not  a lawful hire and if so then a service for a year in pursuance of such a  illegal hire can gain a settlement the court hold that the pauper be settle at  the parish of Buckington under the indenture of apprenticeship for as they be  not deliver up or cancel by the master become bankrupt he have no power to  hire himself to glover and both the order be confirm
case the parish OF CUNMER against the parish OF milton a child follow his  father settlement S c salk S c salk S c holt S c Sett Rem S c fort a child be  bear at Cummer and the father while the child be under seven year of age  remove to and gain a settlement in Milton and this be hold a settlement for  the child and it be say by the court that if a father be settle in a parish  and die and after his wife die in childbed he shall be there settle
case the parish OF erith against the parish OF orford order of removal order  of session be whereas we be inform by the churchwarden c quash
case the parish OF FRENCHAM against the parish OF PEPPERHARROW a service for a  year will not gain a settlement unless there be also a hire for a year S c  Sess case S c Foley S c fort S c Sett Rem this be the case of a settlement and  in the order of the justice the fact be state special a servant be hire two or  three day after Michaelmas to serve until Michaelmas next but he serve as many  day after Michaelmas as make his year complete and then receive his wage  darnel sergeant argue that this be no settlement for the court must take the  fact as state by the justice and therefore though the circumstance set forth  in the order may have be sufficient to have induce the justice to have find  this a fraud and that the real hire be for a whole year yet since they have  express state the fact otherwise and that he be hire three or four day after  Michaelmas until Michaelmas next the court must take the fact for grant and  then there can be no settlement because there be no hire for a year as the law  require Adjournatur but afterward ut hear it be hold no settlement
case the parish OF Godstone against the parish OF east grinstone a respondent  parish on a order of removal be quash can remove the pauper again until be be  return a order of two justice for the removal of a poor person be quash at the  quartersession and before the poor person come back the parish who order be  quash make a new order to fix he in another place a see Mr justice foster  observation on this case foster c l modern report er p and per curium it can  be good because a new order ought not to be make till the party be come back  and if that order have be confirm here it will not make it good because it be  mere void
case the parish OF GRAVENY against the parish OF feversham a servant be settle  in the parish in which the service be perform S c fort S c Bott Sarah  Makestreet be hire to George Jackson twothirds of who house be in Gravene and  onethird in Feversham she lodge in Feversham and the master in Gravene the  special order of session adjudge her settle where the servant lie exception  inhabitation be necessary for a servant as well as a apprentice salk Pratt  chief justice the service be what gain a settlement and it do not appear where  that be perform and whether we can take that by intendment be doubtful so that  it may be necessary to state the fact before we can judge of that part if  there be a shop in one parish and a house in another and a shopservant perform  his service in the shop and lodge in the house the settlement shall be where  the shop be the rule be to show cause why it shall not go to a judge of assize  to settle the fact
case the parish OF Grindon in Northamptonshire against the parish OF OVERCOTT  in Warwick order conditional quash a conditional order be make in case the  court of king bench shall be of opinion that where a servant be hire at a fair  ten day after Michaelmas until Michaelmas next such hire and service do gain a  settlement then c and for this the order be quash
case the parish OF Halstead against the parish OF melford order to remove a  wife and child to the settlement of the husband ill a order to remove a wife  and child to the place of the husband last legal settlement a see Brookbank v  Allenson ante Waldegraves case ante walker v town bar king b Cornwallis v  heyle fort swan v broom black Rep S c burr S c brown p c and Morgan v Johnston  h Bl Rep modern report er p and it be hold have as to the child for they may  have a legal settlement different from the husband but it may stand as to the  wife but another exception be that there be no adjudication that any of they  be likely to become Chargeable to the parish from whence they be remove and  though it be say that they come to settle there contrary to law yet for the  last exception the order be quash in toto a
case the parish OF Oakham against the parish OF whittlesea justice of the  peace can make a conditional order of removal a order be make by two justice  to remove a poor man except be find security to be allow by they I e the two  justice Mr page except thereto first for that reason and also that it do not  say that he be likely to become Chargeable a see Suddlecomb v Burwash salk  maiden v Fletwick salk Anonymous Sett Rem Reg v Waltham Sett Rem salk Reg v  Rochville Sett Rem Ufculm v Clifthdon burr S c king v Honiton burr S c a or  that he come there to settle not have ten pound a year b king v south Marston  stram b holt chief justice they can make a conditional order or that in case  he do not find security then to remove he for a order of removal be a  adjudication and ought to be absolute and they have nothing to do with the  security for that belong to the parish and be not to be allow or disallow at  the justice discretion Mr Raymond then move to set aside the certiorari by  which the order be remove because in the order the town be spell Oakham but in  the certiorari it be spell Okeharn say non allocatur c see Beachs case Cowper  heart be case case cro law and salk dougl notorious facts hawk p c that edit c  and the certiorari be confirm
case the parish OF Somerby against the parish OF Stretton a order reverse be  final to the party motion to quash a order of removal by two justice remove a  pauper from Somerby in Leicestershire to Stretton in Lincolnshire the party  have be remove from a in Lincolnshire to Somerby the parish of Somerby appeal  to the quarter session in Lincolnshire where the order be confirm on the merit  after that the parish of Somerby apply to two justice who remove the same  party to Stretton it be contend that this last order be void that the order of  confirmation be final to all the world unless a new settlement be gain  subsequent a Alderton v Felingtowe Bott pl a the court grant a rule to show  cause carter they have come too d for the time of appeal to the last order be  not out and on that we may have show that the party gain a subsequent  settlement at Stretton which by this removal we be hinder of horseman contra  that the party have gain a settlement at Stretton can be presume for the court  will not presume any fact to make a order good salk the court will not presume  notice though there have be a inhabitation for six year if it have be so it  ought to have appear on the face of their order that the party have gain a  settlement subsequent to the confirmation Eyre justice there can be a appeal  now the order be bring here per totan curian there be a rule though not  observe that no order shall be bring here before determination on appeal  modern report Eyre justice it be here and file there can be now a appeal when  you be serve with a certiorari you shall have apply here to prevent the fill  per curian the rule be make absolute
case the parish OF spittlefields against the parish OF saint Andrew a bastard  be settle where bear S c ld ray S c fort in a case where the controversy be  between the inhabitant of spittlefields and parish of saint Andrew it be say  per curian that a child can not gain a settlement at nurse that a settlement  for the father be so for the child and that the place of the child birth be  the place of his settlement till contrary appear b easter term will c see Pitt  v Gainec and foresight salk ld ray a it be say that the warrant be countermand  by the marriage I salk modern report er p
case the parish OF Trowbridge against weston a order of removal must aver that  the place where be the place of the pauper last legal settlement S c salk S c  Sett Rem S c holt exception be take to a order make by two justice of the  peace concern the removal of one whether Jervis a poor woman from Trowbridge  to Weston first the order do not affirm that the place to which she be remove  be the place of her last legal settlement it be only say by the justice  whereas we be credible inform c it shall have be upon oath and be a judgement  ought to be positive and certain but this order be confirm upon a appeal the  court hold that to be a void exception otherwise it have be good second it do  not appear that the first order be make by two justice of peace of the  division where the person be likely to be Chargeable to the parish and the  first be hold a good exception
case the parish OF walton against the parish OF chesterfield a order of  removal must state that it be make by two justice S c Fost a order be make to  remove a poor man from the parish of Walton to the parish of Chesterfield in  the county of Derby which be confirm upon a appeal but the first order be now  quash because it do appear to be make by two justice of the peace it be only  whereas complaint have be make to we and so they do not recite their authority  in the order it be true they be mention to be justice upon the appeal but that  will not help for they may be so then but see the case of king v Flisher that  to state upon appeal that the person who act be complain against be justice be  so far a admission of their jurisdiction call a and not at the make the first  order modern er p hilary term the eight of William the three in the king bench  sir John holt Knt chief justice sir Thomas Rokeby Knt sir John Turton Knt sir  Samuel Eyre Knt justice sir Thomas Trevor Knt attorneygeneral John hawles Esq  solicitor general
case the parish OF Wrotham against the parish OF saint olaf attachment against  parishofficer for a contrivance in settle a poor man and his family John  Richard his wife and five child be remove by a order of two justice from the  parish of capel to the parish of Wrotham in ken that be adjudge to be the last  place of their legal settlement afterward upon a appeal to the next  quartersession that order be quash and thereupon the poor man and his family  come back to the parish of capel and by another order be again remove to  Wrotham this order be remove into the court of king bench by certiorari be by  the consent of both party refer to the judge of assize who upon hear the  evidence on both side direct that the mat shall be try upon a feign issue  which be do accord at the next assize and the parish of Wrotham have a verdict  and so both the former order be quash but the parish of capel be dissatisfy  with this verdict procure the parishofficer of saint olaf in Southwark to  permit this man and his family to dwell in a tenement there on purpose that  they may remove he to Wrotham accord they come into the parish of saint olaf  and live there some time and be afterward remove from thence by a order of two  justice to Wrotham which order be confirm upon a appeal to the next session so  that by this mean the parish of capel be discharge of he because modern report  a order confirm upon a appeal make a good settlement in that parish by who the  appeal be bring against all other parish whatsoever it be now move that this  last order may be quash and for a attachment against the churchwarden c of  capel for this contrivance but the court will not quash the order but make a  rule for they to show cause on such a day why a attachment shall not go and  probable when they come to show cause they may consent to have the order quash  but they show no cause and so the rule be make absolute modern report er p
case the queen against atkins a order upon a repute father to pay so much  until the child be ten year old and then so much as a apprentice fee be have a  order of two justice be make on the father of a bastardchild that he shall pay  one shilling and sixpence aweek from the time of the birth of the child until  it be ten year old a Reg v Collins post king v Barebaker salk Reg v Smilh Sett  Rem S c Sess case king v street strange a and then to pay five pound for the  put it out apprentice b see king v Willy Consts poor law pl in point b modern  report er p it be object that the order be not accord to the statute for it be  uncertain whether it will be Chargeable so long as until ten year old it ought  to have be to pay so much c so long as the child be Chargeable to the parish c  king v Johnston comb c which the court agree and therefore quash the order
case the queen against Atkinson and other if two collector of rate collect  money fraudulent from the same person they may be indict for it joint S c salk  S c ld ray S c ray Ent indictment that the defendant be collector of several  duty and sum of money collect of a b not be assess and convert the same to  their own use the defendant demurrer Chesshyre sergeant except against their  be join in the indictment for that they ought to be several indict and cite  the case of king v Humphrey and other a vent a and brook case b roll Abr b  holt chief justice if it appear to be several offence there ought to be  several indictment Powell justice if two man commit a felony together they may  be joint indict holt chief justice so if man join in a battery they may both  be join though two several fine shall be set upon they the like in a  indictment of felony but they shall several have judgement it appear both  these collector receive the money joint judgement be give against the  defendant c king v Phillips stram king v Clenden stram king v Weston stram Reg  v Dixon style king v Benfield and sander burr king v young and other term Rep  and hawk p c that edit c gold justice say have they not be guilty they will  never have demurrer but have take issue
case the queen against baker and other conviction of forcible entry quash for  want of manu strong sir Edward Northey move to quash a conviction of forcible  entry because there want manu strong to go into upon read the conviction it be  way et arms to go into which the court say be have for it may be way et arms  and not manu strong which be the word of the statute therefore quash a Warner  and Collins case cro Elizabeth beverley case latch king v Cox Bulst Anonymous  vent king v Watson keb king v John Storr burr king v baker and other burr a
case the queen against ball if a person commit on a excommunicate to take in  hand escape a new writ shall issue if the sheriff have not return the old writ  or the party be remove by habeas corpus ball be charge in the sheriff custody  upon a excommunicate to take in hand and commit to the fleet charge therewith  and be remove from thence by habeas corpus to the king bench where he be  suffer to escape and what can be do be the question first it be agree that if  the first writ be not return they may take a new one and thereupon take he up  de to make new otherwise if it be return roll Rep second it be doubt whether  there can be a new writ in case the former bad modern not be return because by  the habeas corpus and the return thereof here on record it appear that he be  in execution upon that writ the court if the escape have be in the present  marshal time we can make a rule upon he to take he up but we can do it now the  escape have be in the former marshal time because if the escape be voluntary  the former marshal can not justify do it himself and let we consider whether  we can make a record of his have escape and award a new writ per curian let it  stay a little and know whether the former writ be return
case the queen against BELWOOD the sheriff be liable for the escape of a  prisoner commit to the gaoler indictment the case be a justice of peace have  power to commit to ware which be the word in the statute the justice commit  one to the modern report gaoler of the county and per curian the sheriff and  consequent his gaoler be the proper officer and if he let he go at large it be  such a offence as be proper for a indictment modern report er p
case the queen against blacket and Robinson information leave be give to file  a information pro malegestura against they for procure a gentleman son to  marry a woman of infamous reputationSee king v Twiselden I side lev king v  Serles and other cro car king v Thorp and other Mod see also hawk p c black  burr a
case the queen against Blagden in quo warranto for exercise the office of  portreeve if the defendant set forth his right and traverse the usurpation a  replication take issue on the usurpation without notice the title be have S c  post S c pale yellow this be a information in nature of a quo warranto against  Blagden the defendant to know by what authority be exercise the office of  portreeve in the borough of Honiton the defendant in his bar set forth his  right to that office and conclude with a traverse without hoc that the  defendant usurp the office the crown in its replication take no notice of the  special title set forth by the defendant join issue upon the traverse quod to  seize for use c and upon this demurrer be join powys junior I ever take it  that in this case the without hoc c be but mere matter of form and a  respectful way of conclude the plea modern report Parker chief justice the  question turn upon this whether the traverse be only matter of form for if so  the crown can take issue upon it but if it be a material part of the plea most  certain the crown may do it Adjournatur a this case be argue again in easter  term Geo and judgement be give for the defendant S c post a
case the queen against blower a writ of excom cap for matter ecclesiastical  without state they particular be have Mr king move to quash a writ of  excommunicate to take in hand for that it only recite to be for a matter of  tithe or other matter of ecclesiastical jurisdiction and do not set forth what  matter particular and the writ be quash for the say uncertainty for its be lie  disjunctively or other matter show that it may be for something else of  ecclesiastical conusance beside tithe and what that be do not appear
case the queen against bonnet a keeper peace be a good name for justice of the  peace Mr eyres move to quash a order make by two justice of the peace because  the order be say to be make in person jailer peace nec non justitiariis c and  all justice of the peace be keeper of the peace but all keeper of the peace be  not justice and he further argue that they have not be call a keeper peace  only since the statute Edward c but the court overrule his exception and  adjudge the order good
case the queen against BOTHELL a certiorari be no supersedeas if there be no  recognizance SC salk SC Sett Rem S do holt first if one bring a certiorari to  remove a indictment and do not give bail to try it accord to the statute it be  no supersedeas second a record once file in this court be never send back  though Brotherick at the bar say it may be send back the same term
case the queen against bowl a a indictment for perjury must show that the  subject matter of the oath be material to the cause in which the perjury be  commit raym cro car keb hawk p c ch S dougl t Rep one be indict upon the  Elizabeth c of perjury for that there be a suit in ChNcer betwixt one marshal  and Harvie for the manor of Staverton in the county evz of and a commission be  thereupon award to examine witness that the a see ld ray croak Elizabeth er p  defendant swear the deed of the feoff of the man north maneriumprcedictum  innuendo be deliver as a escrow to be deliver c where in fact it be deliver  absolute c the first exception be that this oath that the deed of the manor be  deliver as a escrow c be not material unless it he show that it concern the  manor in question for otherwise although it be false it be not punishable  neither by action nor by indictment upon the statute for the statute be if a  witness depose false concern any cause c for which false oath he be not  punishable by this statute unless it he show or aver how this concern the  cause and of that opinion be the whole court and although it be allege  maneriumprcedid innuendo yet it shall not help it for a man shall not he  punish as a perjurer by a innuendo wherefore for this cause only the  indictment be discharge
case the queen against Bradley in a information for sell bread short of weight  it be not sufficient to allege that so many loaf want so much weight be buy at  the shop of the defendant a common baker this be a conviction upon the statute  Ann c S about the assize of bread there be two question in the case the first  be whether the crime be certain enough charge in the indictment upon the  defendant the crime be thus charge that the bread want so much weight of c be  buy in the shop of Bradley a common baker and the court be of opinion that the  crime be not certain enough charge for the whole charge may be true and yet  the defendant innocent a dougl a for it be possible that it may be the bread  of another person sell in the defendant shop that therefore he ought to modern  report have be charge direct with the sale of so much bread it be true indeed  that when a servant sell it in his master shop it be good evidence of its be  the master bread but it be still but evidence and it be a constant rule that  that which be but evidence can be lie in a indictment the second point be  whether the same person can be both informer and witness the court seem to be  of opinion that the same person can not be both informer and witness for as to  the objection that this will render conviction impossible unless person be so  fortunate as to have witness with they there be nothing in it for a informer  be only nominal and anybody name may be make use of b the informer can be a  witness where he be entitle to any part of the penalty see king v stone ld ray  b
case the queen against brown a indictment for forge or a cocket for five pack  of linen cloth be sufficient certain S c salk brown be indict at hull for  forge a cocket for five pack smear England five pack of linen cloth and this  be remove up by a certiorari and after trial a motion be make in arrest of  judgement for that it be too uncertain but it be urge that much strong case  than this have be adjudge good as two pack canapis England two bundle of hemp  lev a for a parcel of thread lev b trover for a study of book for it be enough  sufficient to describe the thing in which they be contain holt chief justice  detinue lie for a box of write and if any of they concern land it will be  prudent to name it for that shall oust the defendant of his wager of law but  it suffice that the thing in which they be contain be certain modern er p  enough and if any new action be bring the defendant shall say that a former  action be bring for the same by the name of so many bundle c and the queen  have judgement
case the queen against buck and hale assess and levy tax unfair for sinister  purpose be a indictable offence and punishable by pillory the defendant be  find guilty upon a indictment for misdemeanour for that be collector and  assessor of the public tax in such a parish they assess and rate some at too  high a rate and omit to tax some other in their book and yet levy the tax upon  they and put the money in their own pocket and now come to receive judgement  Montague urge that it be no offence of a infamous nature as perjury or forgery  nor against the public there ought not to be any corporal punishment as  pillory modern per curian it be a offence of dangerous consequence and very  pernicious to the government of very ill example and too much practice of late  for what great discouragement can there be to the people to pay their tax free  than to have injustice and inequality of rate for the private advantage of  some and therefore this offence deserve a exemplary punishment and they be  adjudge to the pillory in the county where the fact be commit and the marshal  be order to carry they down and a writ be issue to the sheriff of the county  to assist he in the execution
case the queen against BUCKBRIDGE a indictment for be a common drunkard be too  general a indictment be find against Buckbridge for that he be a common  drunkard and a common profane swearer and disturber of the peace and a  constant frequenter of tipplinghouse and the indictment be quash for that the  charge be too general and lose
case the queen against burst a indictment will not lie where a statute point  out a particular remedy a indictment be for keep a alehouse without a licence  Mr Edward winnington move to quash it because the statute of Edward c have  carve out particular penalty and by the whole court it be quash accord a  wherever a statute create a new offence and prescribe a particular mode of  punish it the method so prescribe and not the commonlaw method by indictment  must be pursue king v Marriott Mod show king v Pensax bar king b king v wright  burr Stephens v Watson salk Hartley v Hooker Cowp but where newcreated offence  be only prohibit by a general prohibitory clause in a statute a indictment  will lie king v Robinson burr brown v chapman burr so where a offence be  punishable by a indictment at commonlaw and a statute prescribe a particular  remedy either the commonlaw or the particular remedy may be pursue at the  option of the party king v Bayal burr see also king v balm Cowp cater v knight  term Rep king v Davis sayer Rep king v Harris term Rep a
case the queen against BUSHEIR a averment of not bear within the kingdom do  not imply that the party be bear out of the king allegiance a indictment on  the statute Richard c whereby it be enact that if any one out of the king  obeisance exercise any trade here they shall forfeit their good and chattel  the indictment be non born infra kingdom which may be and yet be within the  queen obeisance and therefore it be quash
case the queen against clerk a information try at bar be not within will mary  c per curian a information try at the bar be not within the late statute will  mary c of give cost against the prosecutor for that say the party shall enter  into a recognizance of twenty pound and that the party shall have a to know  facias thereupon but twenty pound will be too small cost in the case of a  trial at bar
case the queen against collins a order on a repute father to pay the child so  much and the mother so much a week for ten year be have a order of two justice  be make upon Collins the repute father of a bastardchild the order be that he  shall pay the child twenty penny aweek and the woman four penny aweek for ten  year Mr Raymond move to quash it because it shall have be as long as the child  be likely to become Chargeable a king v Johnston comb a and not for a certain  term of year b see Reg v Atkins ante b and be cite the king v James for it may  be that a estate may come to the modern report er p child in the mean time and  it hinder the father from keep it himself if he have a mind to it the order  quash per curian d see king v Burwell vent king v Barebaker salk smith case  Sett and Rem king v street stram d
case the queen against cope a outlawry must state where the countycourt be  hold a writ of error to reverse a outlawry the error for which it be reverse  be because in good luck drive out it do not appear where the countycourt be  hold a see yearbook Henry pl alder case roll Rep king v whiting roll Abr king  v Sicclemore keb king v tuston keb Anonymous vent Anonymous Mod king v onebi  show king v John Wilkes burr king v Barrington term Rep king v Yandell term  Rep a modern report er p
case the queen against Cotesworth the caption of a indictment be good although  not say for the body of the county SC ante SC salk Montague take exception to  the caption of a indictment that it be present per jurator elect triat jurat  et load ad inquirend pro owner queen et corpore come instead of pro corpore  come modern er p which be agree per curian to be the right way but they hold  it well notwithstanding for it be good sense that they be charge to inquire  for the queen and in behalf of the county
case the queen against cross a attachment lie for speak contemptuous of the  court on be arrest cross confess on interrogatory that a copy of a writ be  serve upon he and the writ show and before he know the content of it or out of  what court it be he have speak with contempt and this be judge a contempt
case the queen against daniel see SC Mod with note a indictment will not lie  for entice a apprentice to leave his service trespass lie for take a servant  from his master SC ante SC post SC salk SC salk SC holt SC ld ray per totan  curian this term the indictment be nought first the entice a apprentice or a  servant to depart from his master be not a offence of a public nature but the  party remedy be by a action upon his case which he may well maintain see Cowp  a second a common action oh tres pass will not lie for entice a apprentice or  servant from his master but if one will take away my servant or apprentice by  force trespass will lie for the master declare upon the force per quod slavery  to send away see Reavley Mainwairing and walker burr and heart v Aldridge Cowp  b three here it do not appear whether he be a servant or a apprentice and a  modern er p manifest difference be take in Henry pl between a servant and a  apprentice a apprentice must be by deed a servant may be by parole contract a  apprentice can be discharge but by deed but a servant may be discharge by  parole fourthly the entice to embezzle his master good have no venue to it and  therefore that be bad five by Powell justice procure to depart and absent  himself from his master service be bad without positive aver that he do depart  six by powys justice it ought also to appear how long the absence or departure  continue for here for aught that appear it may be but for half a hour and per  all men the precedent in rastall be perfect nonsense for it be that the  defendant procure his servant to leave he and that he be a common procurer of  servant
case the queen against Davison a order can be make to compel the husband to  allow to the maintenance of his wife and family while resident with they a  order of two justice to compel Davison to allow so much a week for the  maintenance of his wife and family a by Elizabeth c S the father and  grandfather and the mother and grandmother and the child of every poor old  blind lame and impotent person or other person not able to work be of  sufficient ability shall maintain every such poor person accord to the rate as  shall be assess by the justice of the county at their general quarter session  on pain of forfeit twenty shilling a month a Mr not move to quash the order  for that the justice have not jurisdiction in this case a king v reve Bulst  king v humphreies style king v Charnock comb a it be proper alimony and belong  to the spiritual court and holt chief justice be absent Powell justice say  that the justice have no jurisdiction in this case but this be not alimony if  a man run away from his family he may be punish as a rogue and a sturdy beggar  b see the statute James c S Geo c Geo c the soldier be case will Consts  edition of bott poor law to b but while he continue resident they can charge  he in this manner and the order be quash modern report er p
case the queen against DEPUKE a indictment of forcible entry must show the  kind of estate of which the party be possess Mr Raymond move to quash a  indictment of forcible entry which set forth that the defendant enter forcible  into the close of I S and turn he out whereas before the time I S  possessionatus to be de boundary ult elapse modern report er p his exception  be that the estate of I S shall have be particular set forth for be may have  be tenant at sufferance and it have be often adjudge that tenant at sufferance  be not within the statute of forcible entry likewise he say that by the word  to be it do not appear but that the estate of I S be determine before the  entry ergo quash per curian holt chief justice absentee
case the queen against die holt absent No indictment lie on the statute of  usury No indictment will lie on the statute of usury for the method which the  statute car c prescribe must be follow therefore the indictment quash a  wherever a statute prohibit the do of anything and prescribe a particular mode  of proceed against the offender that mode only must be pursue and not the  commonlaw method of indictment see king v Pensax bar king b king v wright burr  Stephens v Watson salk Hartley v Hooker Cowp king v Robinson burr cater v  knight term Rep the Ann c S against usury give a moiety of the forfeiture to  he who will sue by action of debt bill plaint or information and therefore a  indictment will not lie because that mode of proceed be not mention in the  statute king v Upton stram king v Cooper Sess case king v smith salk a
case the queen against dig the significavit on a excom cap must show the party  commorant in the diocese excommunication must be show since Act of pardon Mr  page move to quash a writ de excommunicate to take in hand his first exception  be to the significavit upon the excommunicate to take in hand that it do not  therein appear that the person be commorant in the diocese and cite Beaumont  case a more a the second exception be that it do not appear there be forty day  between the excommunicate and the significavit that so the party may reconcile  himself to the church before the excommunicate to take in hand issue b cro car  b the significavit be recite in the excommunicate to take in hand this writ be  returnable here and after it be so return c salk but see king v theed that it  may be supersede and record and deliver out before the return Mod S c stram c  this court may well quash it if it be a have writ but before it be return here  the chancery upon motion if it be a have writ be to grant a supersedeas to it  as to which the court order precedent to be search a three exception be that  it do not appear that the excommunication modern report be since the last  general pardon which exception the court seem to allow
case the queen against Dixon a certiorari to remove a indictment for a  misdemeanour from the quarter session take out before but not serve till after  conviction shall be quash S c salk S c salk S c ld ray Dixon be indict for  sell five yard of muslin and affirm it to be worth four shilling ayard when in  fact it be real worth but two shilling and sixpence ayard a writ of certiorari  be bring to remove it but not serve till after conviction and though the court  have no opinion of the indictment see the queen v orbel ante Anonymous post  the queen v hannon post by Henry c to obtain money c by mean of a false privy  token or by Geo c by mean of false pretence be make a indictable offence but  by this last statute the certiorari to remove indictment find thereon be  express take away king v smith Cowp king v young term Rep a yet they say they  do not like certiorar after verdict and that whenever one remove a indictment  on which there be a conviction but see king v Nicolls that a indictment can be  remove from session after verdict and before judgement and that if a  certiorari have be obtain for that purpose it shall be quash stram b the  certiorari ought to give day above which be not do here therefore it be  altogether irregular and that by this certiorari they can by no mean remove  the indictment for if one take out a certiorari to remove a indictment and  will not use it until after conviction or the jury be swear he lose the  benefit of it modern and for that the writ be quash and a new one grant to  remove the indictment and conviction thereupon and order they to make it  special and give the prosecutor day thereupon above
case the queen against drake it be libellous to write that the revolution be  the destruction of the law of England S c post S c salk S c salk S c holt if  in a information for a libel the libel be recite accord to the tenor follow a  variance of not instead of nor be fatal S c post information that he write a  scandalous libel entitle Mercury of the state in which be contain several  libellous matter inter alian and set it forth secundum course following on a  special verdict they find all but not instead of nor it be nor in the record  and not in the paper Mr solicitor say the principal scandal be that the late  revolution be the destruction of the law of England the information be set  forth in hc word and there be a variance he say be the objection from the  other side but if the substance be find it be sufficient to make it a libel  especial it be a immaterial variance for not be say carry in it the same sense  as nor therefore admit a variance it be a immaterial variance a dyer sir John  bridge case cro James hob roll Rep cro Elizabeth a a man may declare for word  in Latin which be speak in English which show that the substance only be  regard by the law Mr lutwych contra the question be whether the information be  modern report for the same libel it be say to be secundum course following now  the word tenor be the thing itself and ought to be a true copy of it b  register a b this differ from the law of word because in this case the matter  be reduce to write in a action upon the case for modern report er p a  malicious indictment in the declaration there shall be no variance because  they may have a sight of the record so here for they have the book to guide  they adjourn until the next term
case the queen against dyer a indictment of forcible entry be good although it  omit the word manu strong a exception to a indictment for a entry into land be  that it be not say to have be manu strong as the word of the statute Richard c  be but per curian at commonlaw one be indictable for enter into land whereinto  his entry be not lawful though there be no force see king v John Storr burr  king v Atkins burr king v bake burr b but the statute forbid force in enter or  detain even where the entry be lawful and here they will not quash the  indictment
case the queen against Elizabeth franklin when a statute give a penalty to the  king and to the informer and the informer do not sue within the year the king  may sue for the whole penalty at any time within two year S C salk king c salk  SC ld ray Elizabeth franklin be indict at the quarter session of a borough for  exercise the trade of a goldsmith not have serve seven year apprenticeship to  it Eyre move to quash it for it appear that it be a year after the offence  commit but per curian upon a view of the statute Elizabeth c where a moiety of  the penalty go to the informer a prosecution upon that statute must be within  a year by the informer but where it be pure at suit of the queen she have two  year and where the penalty be distribute a moiety to the queen and a moiety to  the informer and no prosecution within the year the queen have another year  and shall have all the forfeiture a second exception be that the quarter  session of borough ought not to receive such indictment but only those of the  county at large and for this he quote the case of the king v tailor and  another case in the thirteenth year of William the three where the indictment  be quash upon that exception but per curian the contrary have be settle on  debate since and there be no danger of oppression because a certiorari lie a  three exception be to the caption and be this a swearer c super sacrament suum  looks like step forth and this be nonsense the indictment be quash for it  modern er p
case the queen against fairclough prerogative Leon hale on Fitzherbert roll  Rep Litt Rep Hardres t ray Inst information in nature of a action of trespass  for take and cut certain tree of which the queen be possess the case upon  special verdict be this Andreas de low and twelve other be possess of diverse  tree by the grant of the owner of the soil and the say Andreas for and in  satisfaction of a debt which he do owe to the queen assign to her by deed  enrol all the tree the question be if the queen shall have by this assignment  all the tree Edward pl Helf pl comment coke for the defendant do agree that  where the queen come to a entire thing by act in law as attainder or other act  in law she by her prerogative shall have the whole but where she come to have  part of the chattel by the grant of a common person he by his grant shall not  prejudice his companion and therefore in that case the queen shall not have  her prerogative Qure of this difference the baron do not speak to the case but  they say it be strong against the defendant and they give he day to take  advice if he can say any other matter
case the queen against FOXBY common violent or noisy quarrel instead of  rixatrix be error judgement upon a indictment at the quartersession of  Maidstone be reverse the indictment be for that she be common violent or noisy  quarrel a common scold instead of rixatrix
case the queen against FOXBY in a indictment against a common scold false  accuser for rixatrix be bad S c post S c salk S c holt post roll Abr king  Faresl Blackerbys case punishment for a scold be duck a woman be convict upon  a indictment for be a common scold Montague in the Trinity term before move in  arrest of judgement that the indictment be that she be common false accuser  which be not the Latin word for a scold but rixatrix and upon this exception  judgement be arrest this term note the punishment of a scold be duck and holt  chief justice when the exception be first make say that it be better duck in a  Trinity than in a Michaelmas term
case the queen against FOXBY to a writ oh error on a judgement for be a common  scold the defendant must assign error in person SC ante SC post SC salk SC  holt Foxby be convict by the justice of peace at their quartersession at  Maidstone upon a indictment for be a common scold and judgement that she shall  be duck whereupon she bring a writ of error have obtain a warrant for that  purpose from the AttorneyGeneralSee upon this subject king v Wilkes burr a and  hereupon the sheriff let her go at large there be no fine or imprisonment in  the judgement per curian she must assign error in person note the most usual  way of bring writ of error of judgement upon indictment be to remove the  record into the crown office by certiorari and then bring a writ of error in  person we but one may direct remove it by writ of error and either way be good  but after writ of error the course be to serve a rule in the office to assign  error and if they fail to have a peremptory rule which must be upon motion and  upon default in that to nonsuit they upon the writ of error and award  execution
case the queen against george a conviction for kill game must state the  negative qualification S c post a conviction upon the statute of will mary c  be that the party to step out dissolute mask do bunt and kill so many bare and  it be quash because it be not say that he be not qualify for there be many  dissolute person worth two thousand pound ayear and who be by consequence  qualify to bunt c see king v Chip stram the queen v matthews Mod king v  Marriott stram king v hill ld raym king v Jarvis burr bluet who tam v needs  comy Rep king v Wheateman dougl king v hall term Rep a
case the queen against george a person can be convict without proof S c ante  it be agree that the clause in the statute of will mary c against destroy the  game videlicet that in case any bare partridge pheasant pigeon fish fowl or  other game shall upon such search or otherwise be find the offender shall be  carry before some justice of peace of the same county ride or division and if  such person do not give a good account how he come by such hare partridge  pheasant pigeon fish fowl or other game such as shall satisfy the say justice  or else shall not in some convenient time to be set by the say justice produce  the party of who he buy the same or some other credible person to depose upon  oath such sale thereof that then such person not give such good account nor  produce any such witness as aforesaid shall be convict by the say justice of  such offence and upon such conviction shall forfeit for every hare c Se  whether c and Geo c a shall be understand upon proof make that it be find upon  he otherwise that there can be no conviction memorandum case bishop lease  renew subject to a former trust it be say by powys sergeant in chancery that  if a bishop make a lease for twentyone year and the lessee create a trust  thereupon and after the bishop die and his successor suppose for a fine renew  the lease though not compellable to do it and though there be no trust of the  second lease yet equity shall subject it to the former trust
case the queen against Griffith indictment of felony quash Mr do you move to  quash a indictment against the defendant for take good felonious which the  prosecutor have as executrix to I S curian it be not say where he take they  nor in what manner so that it do not appear he steal they quash nisi
case the queen against hannon a indictment that a be a common cheat c be too  general hannon be indict for that be a common deceptor of the queen people he  come to the wife of b and make her believe that he have sell part of a ship to  her husband and upon that account get several sum of money from her by the  court first common deceptor be too general and so be common oppressor common  modern er p perturbator c and so of all other except barretor cro James side  strange a and scold see I hawk p c ch S b without add of particular instance  second the particular instance allege here be of a private nature if he have  make use of any false token it will have be otherwise and the court order the  indictment to be quash
case the queen against harris a indictment for enter a field and car away  twenty oak there grow be good for the trespass and have as to the asportation  S c post S c holt Harris be indict for riotous enter the close of I S and cut  down and carry off twenty ash and thirty oak ibidem to come into being de good  et catallis of I S and his wife Pengelly for the defendant say they can not  call they good et catalla of the husband and wife a revel v grey hob S c Noy  Buckley v hale cro James S c roll Rep S c palm Talbot v Bacon lev a and be  faulty in that respect the whole be void and must be quash be different from  the case of king v willow b latch b where the offence be distinct and several  Parker contra they be several trespass and though void for one yet may be good  for the rest modern report er p per curian judgement for the queen as to enter  the close c but see king v John store burr king v Atkins burr king v black  burr c and the indictment void as to the rest for tree grow can be call good  et catalla
case the queen against harris a order to discharge a apprentice must be sign  seal a order of justice for discharge a apprentice upon the statute of  Elizabeth c be quash it be not sign by they as that statute require and  Chesshyre say that one piece of wax can be the several seal of several people  put their seal several to it
case the queen against harris another information for the same offence depend  may he plead in abatement to a information who lamb post roll Rep hawk c S say  vide Ch S roll Rep hob salk cro James dougl burr information upon the Edward c  for buy of wool contrary to that statute the defendant plead as to all except  fifty stone of wool not guilty and as to the fifty stone he plead that there  be a information depend against he for it in the common plea at the suit of  Lewis and aver that they be for the same offence and demand judgement if as to  they he shall he put to answer and upon this it be demurrer in law it be argue  by Godfrey and Atkinson for the queen that it be no plea for it be not allege  that any writ or process be sue out upon the information and then it can be  say to he depend Henry pl Edward pl second the information here suppose the  buy of the wool to he the Nov Elizabeth and the S elling to he may the same  year and the information in the common plea suppose the sell to he the July  Elizabeth so can be intend the same offence and although the defendant have  aver it to the court to he for the same offence yet the averment be not  material when it appear to the court it can be so be at several day but all  the court except gawdy hold the plea good for they say that immediate when the  information be bring into court it be enter upon record and this contain all  the substance of the matter and in this point be not like other writ and  therefore shall he say to he immediate depend although no writ or process be  sue upon it and this appear by the express word of the statute of Elizabeth c  second it be a good plea with a averment for otherwise by the false supposal  of the day when the offence be commit the defendant shall he put to double  trouble but gawdy doubt of these matter yet at another day it be again move  the plea be adjudge sufficient and it be adjudge for the defendant
case the queen against harris in a indictment for enter a field and cut down  tree the word there grow the good and chattel c may be reject as surplusage S  c ante S c holt indictment for enter his close and cut down several tree  adtunc et ibidem to come into being de good et catallis of the husband and  wife the exception that tree grow can not be good and chattel holt chief  justice read the indictment and see if it say to come into being and it do not  say so but per curian de good et catallis shall be void as if not insert and  the indictment be good without they so judgement be give for the queen modern  report er p
case the queen against Haynes it must appear in a writ of excom cap that the  crime be of ecclesiastical cognizance Mr Pengelly move to quash a  excommunicate to take in hand for that it do not appear in the writ that the  crime allege be of ecclesiastical conusance Raymond contra though that matter  do not appear in the writ yet it appear throughout the proceed that this be a  cause before the delegate and therefore it shall be intend of ecclesiastical  conusance but the court hold that it ought to have so appear in the writ and  therefore that the writ be nought and quash it
case the queen against HICKERINGILL a indictment on a statute omit to state  the prorogation of the parliament at which it be make be erroneous  Hickeringill be indict and find guilty of a misdemeanour in alter a assessment  which he with the other commissioner sign in pursuance of the landtax Act  which be enact at a session of parliament hold in November in the four year of  queen whether exception be take that in the indictment the Act be not well set  forth for though the writ of parliament be returnable the fourteenth of June  the time mention in the indictment and right accord to the print book yet be  prorogue until October the session do not commence until then whereupon the  indictment be quash a see bind v Tricket cro Elizabeth barn v hill cro car  read v potter cro James sir Edward Waldgraves case dyer Langley v Haynes more  run v green Cowp Watson v shaw and other term Rep see also hawk p c that edit  a
case the queen against HOSKIN servant to I S be a good addition S c holt a  servant be indict for a trespass commit by he by the command of his master by  the name of a b servant to I S exception be take that there be no addition  servant be not good but by holt chief justice servant to I S be a good  addition and as certain as gentlemanSee yearbooks Henry pl Edward pl Henry pl  the Edward pl and bro Abr addition accord but see hawk p c c S contra a and he  say there can be no other exception to the caption the same term it come in  and no more be do
case the queen against johnson if a justice commit a person for further  examination the officer be indictable for not carry he to prison although he  produce the prisoner on the day of the next examination S c Trem it be a  misdemeanour in a officer to take anything from a prisoner in his custody Mr  sergeant Broderick move to quash a indictment which set forth that a justice  have commit a woman to prison there to be keep till further examination and  that because the officer do not carry her to prison but keep her in his own  house though he bring her forth upon demand he be indict as disobey the  justice order and behave himself modern report negligent c the commitment be  on Saturday and he bring her forth before the justice on Monday per curian he  ought to have carry her to prison forthwith whereupon the court refuse to  quash it it appear also that during the time he take a note from her for ten  shilling which the court hold a great misdemeanour a see Reg v Belwood post a
case the queen against lady Oglethorpe the attorney by sign manual may confess  the plea of not guilty in high treason indictment for high treason upon the  statute of James c for convert her servantmaid to the Roman Catholic religion  to which not guilty be plead upon the first day of the term the  attorneygeneral come into court and confess the plea to be true a see Goddard  v smith ante a by modern report a special mandate from the queen b see king v  Wilkes burr b whereupon she be discharge
case the queen against layton judgement in a conviction of forcible entry may  be enter by quid Finis to place upon or therefore to look at closely if the  former it be removable by certiorari if the latter by writ of error S c ante S  c fort S c salk a conviction of forcible entry remove by certiorari and the  judgement give upon the conviction be quid Finis to place upon c the question  be whether the fine shall be enter so or therefore to look at closely be the  court hold either way be good there be precedent both way if the entry be quid  Finis to place upon then it be removable by certiorari if therefore to look at  closely then by writ of error they cite Greslys case a   a and king v chandler  b side lev keb holt Mod salk ld ray Mod b the court give judgement on the  certiorari that the conviction shall be affirm
case the queen against lee quare whether a person in custody of the marshal of  the king bench on mesne process can be charge with a capias on a writ of  excommunicate to take in hand it be move that lee be in the marshal custody  may be charge with a excommunicate to take in hand here be a excommunicate to  take in hand take out of chancery and a non be invention return it be urge  that it be to no purpose to take out another when he be actual in custody of  the officer of the court and it be compare to the case of one in custody upon  mesne process at the suit of a he shall be charge in execution at the suit of  b but it be answer on the other side that there be a vast difference for the  capias upon a judgement be ita quod habeas corpus he here at the return of the  writ and there in a manner the court be possess of he because there the modern  process be to bring he in hither but upon a excommunicate to take in hand to  the sheriff the sheriff be not to bring he hither but to keep he in gaol and  be be not to bring he hither but upon habeas corpus and how can the court lie  hold on one that have no day in court and be not before it the court ask if  the statute of Elizabeth e have not be what remedy they have and it be agree  there be do in that case but the statute have make this difference for it make  the process issuable in this court and returnable here but do not order the  sheriff to bring the party in but to take he and keep he holt chief justice  agree if he be take by excommunicate to take in hand first and bring tip here  by habeas corpus to answer a action in this court then he shall be turn over  to the marshal charge with excommunicate to take in hand but here there be a  process out of this court which give he a day here which the excommunicate to  take in hand do not and the reason of that be because he can be in two several  prison at once but here they will not help but consider until next term
case the queen against leech if a man bring a large ship of three hundred tun  into BillingsgateDock be may be indict for a public nuisance to the dock leech  be indict for a public nuisance to BillingsgateDock the indictment set forth  that BillingsgateDock be a common dock to which all small ship come with  provision to the market of London may come but that no great ship ought or use  to come there that notwithstanding the defendant bring a great ship of three  hundred tun into it ad common nocumentum of all the queen subject c it be  except on motion for quash of this indictment that it be inconsistent to say  that a place be a common dock and that it will be a nuisance for a great ship  to come there for a common dock in its nature be free for all ship but per  curian why may there not be a common dock only for small ship as well as a  common pack and horse way and if a man with a cart use such a way so as to  blow it and render it less convenient for rider will not that be a nuisance  indictable beside we never quash indictment for nuisance but if a nuisance be  remove and the party confess it it will be a great mitigation of the fine that  be the removal will and it may in that case be proper to offer affidavit to  lessen the offence to the court but not otherwise and they put the defendant  to demurrer which he do quod notam
case the queen against lily a indictment for rescue good from a sheriff  officer must lie the property in some person and show the judgement and  execution under which they be take indictment for assault and battery and take  out of the custody of a and b several good mention in the indictment who  indeed good one I g sergeant at mace to a and b then sheriff of London army  the same warranti to they duly make in that behalf then have take in debt is  owed law form by reason whereof they have the good in custody the first  exception be because it be not lie that the property of the good be in anybody  the second exception be because it be not say that there be any judgement or  execution thereupon and for these exception it be quash
case the queen against lord drummond a recognizance to appear can be discharge  unless perform but it may be respite Lord Drummond stand bind by recognizance  to appear here the first day of this term sir Simon Harcourt excuse his  nonappearance by reason of sickness move that his recognizance may be  discharge the attorney general have order and be in court consent thereto but  holt chief justice say notwithstanding such consent my Lord Drummond not  appear in person the court can not discharge the recognizance but say they can  respite it until the next term which be do accord
case the queen against lord george Howard surety to keep the peace can be  discharge until the condition of the recognizance be perform lady Howard  exhibit article of the peace against her husband the defendant a see marquis  of Carmarthens case fort king v Lord vane stram king v earl Stamford b r h  king v earl Ferrer burr a whereupon he be bind to keep the peace for a year b  see hawk p c that edit ch S and king v bow term Rep b sir Edward Northey move  to discharge the recognizance upon a suggestion that my lady be consent and  his be bind be upon her prayer holt chief justice how can we discharge it  before the condition be perform c see king v Lewis stram Mr clavering case  Peer wms king v king vezey king v earl Ferrer burr burr king v Hon Peter  Mackenzie burr and hawk p c that edit ch S c beside if my lord break the peace  upon any one else it be a forfeiture of his recognizance d king case cro  Elizabeth king v Stanley and his bail sayer d and so deny the motion
case the queen against lord griffin the court will not assign counsel on a  outlawry in treason until the prisoner have show material error Lord griffin  be bring by habeas corpus to the queen bench upon his outlawry desire counsel  to take exception to the outlawry but Powell justice holt chief justice be  absent deny it and say that though the statute will c give counsel in  hightreason at the trial yet none be to be allow after a outlawry except the  prisoner show some particular error on which the court may assign he counsel a  see burgess case cro car king v OCarney t Jones a but the court be his counsel  and will do he justice b see sir Robert Atkins opinion on this subject saint  trial foster on high treason hawk p c vol ch S and black Com b and on that  execution be order to be award by rule of court a see Holloways case Mod king  v field side king v dr Hensey burr king v athoe stram king v John Royce burr  king v tailor king v earl Ferrer foster a the solicitor general then move that  some time may be pronounce which he say holt chief justice tell he be most  proper but the court say the practice have be otherwise and direct that a rule  shall be award quod fiat execution general
case the queen against MICKAL the court will not grant a habeas corpus to bail  a person charge with larceny a motion be make for a habeas corpus to bring up  the body of the defendant charge with pick a pocket and offer to bring  unexceptionable bail and to send a down a tipstaff to inquire of his  reputation holt chief justice though we have a discretionary power yet it be  certify swear that he be charge with the fact I think we ought to refuse to  bail he which on consult his companion he accord do modern report er p at the  sit after michaelmas term the eight of queen whether at guildhall before sir  John holt Knt chief justice of the court of queen bench
case the queen against morgan serve a apprenticeship partly in and partly out  of England be sufficient resolve obiter by the court upon the statute  Elizabeth c S first that serve five year to a trade out of England and two in  England be enough and satisfy the statute but there must be a service of a  full time either in England or out of England therefore serve five year in a  country where by the law of the country more be not require will not qualify a  man to use the trade in England modern report er p second that a wife live  with her husband seven year may after his death continue the trade for the  statute Elizabeth c do not require a man or woman to be a actual apprentice  but the word be tanquam a apprentice modern report three that if a man live  with another who use a trade which other be not qualify for use it seven year  he may set up the trade as well as if he have live with one never so well  qualify
case the queen against orbell indictment for cheat upon a footrace S c Mod the  indictment state that the defendant fraudulent and per concord in feeling to  cheat I S of his money get he to lie a certain sum of money upon a footrace  and prevail with the party to run booty the court will not quash it upon  motion see Com dig indictment h a for they say that be a cheat though it be  private in the particular yet it be public in its consequence modern er p and  note the defendant after this motion will not plead till he be serve with a  peremptory rule and for that reason by the course of the court it be say that  his plea ought not to be receive without bail to try it the same term whereas  if he have plead free he need not try it till the next term and order per  curian to give bail to try it this term or the sit after
case the queen against pigeonry a certain poison England antimony be good the  defendant be indict for that he do put a certain poison England antimony into  a cup of beer and give it to I S the first exception be that poison be Latin  for the generical word poison but not for any species of it as this be but  this exception be overrule upon the case of Holton v Rawworth Hardres this be  a information upon seizure of canary wine the information state they to be  fiftyfive pipas vines in a vineyard in rows England canary wine and it be  object that the particular species of the wine be not describe by any Latin  word in the information but hale chief baron hold it to be well enough for  there be only a specification of the wine and the general word be express in  Latin be sufficient a the second exception be that he be call by the addition  of alchymista which be none at all but the court will not quash it have a  fresh memory of a foul practice not long before by intoxicate physic
case the queen against prew a sergemaker may be indict on Elizabeth c for use  the trade of a dyer in die his own serges if he have not serve as a apprentice  to the trade sir Peter king move to quash a indictment against a sergemaker  for die his own serges be not have serve as a apprentice to the die trade for  that it be not say in the indictment that he be a common dyer and that he may  lawful die his own wool and be say it be so adjudge in a case where because  modern report it be not lie a common baker it be hold ill a more hob roll Rep  a for any man may bake for himself and so he may die c but the court hold the  indictment well enough be not like the case of a baker for many people bake  their own bread b     cro car Carth b but a dyer be a separate trade and holt  chief justice cite a case where a combmaker be indict for exercise the trade  of a hornpresser though he use horn for make his comb and it be adjudge it lie  because it be a distinct trade c see Hobbs who tam v young show S c salk S c  Mod hunter v more Noy French v Adam will Bl Rep c
case the queen against read write a obscene book not indictable S c fort S c  stram per curian a crime that shake religion a see hawk p c ch a as  profaneness on the stage c be indictable b by Geo c no drama or other  entertainment of the stage can be act until a true copy thereof have under a  penalty of fifty pound be previous send to the Lord chamberlain who may  prohibit the performance and such penalty may be recover in a summary way c b  but write a obscene book as that entitle the fifteen plague of a maidenhead be  not indictable but punishable only in the spiritual court c this case be deny  to be law king v curl stram bar king b see also king v Sedley keb side saint  Tr ass king v Woolston stram king v Wilkes saint Tr c
case the queen against SHAFTOW a indictment will not lie for say of a justice  of the peace you be a inform rogue rascal and villain indictment for say you  be a inform rogue a inform rascal and a inform villain know he to be a justice  of the peace Mr lutwych move to quash this indictment and per curian it be  quash nisi the end of the term for word say of a justice of peace be not  indictable accord to the late resolution between the queen v Wrightson a see  ante easter term Ann page say qure for this point be very unsettle it depend  much on what be call discretion Curi note to former edition a
case the queen against sir John bucknal Knt if the lord of a manor hold by the  service of repair a bridge all the alienees of the demesne of the manor be  separate liable to the whole charge of repair SC ante SC salk SC holt SC Mod  SC ld ray sir John bucknal be lord of the manor of Le more in Hertfordshire  which manor modern er p be hold by the service of repair a public bridge and  though all the demesne of the manor except the copyhold be alien yet the court  hold that all the alienees be Chargeable in proportion yet the queen may  charge any of they with the whole and let he have contribution against the  other and though the lord modern have nothing but the copyhold yet forasmuch  as the freehold thereof be in he he be Chargeable and the court will direct  the information to be against all the party liable but let he that be charge  have his remedy against the rest
case the queen against smith the queen debtor in Newgate turn over to the  marshal the defendant be in execution in Newgate at the suit of the queen upon  a extent it be move that this court will grant a habeas corpus to bring he  here that the bail may discharge themselves but this motion be strenuous  oppose by the attorneygeneral for that the queen by her prerogative shall have  the election of her gaol and if he come here it be only in order to be turn  over to the marshal which he insist on the court can not do but the court seem  inclinable to give the bail a opportunity to surrender he and to commit he to  the marshal as well for the queen as the party cro dyer and accord the court  do turn he over for this and for all other action or which the plaintiff may  declare against he in this court a see the statute Edward c Peter verge case  stram bind v Isaac burr foul v dean burr dr Bettsworth v pot burr the case of  the bail of Boise and seller stram Frenchs case salk Chittys case will see  also Sellons practice Tidds practice a
case the queen against steer and other a indictment lie for fish in another  private pond and take and carry away so many carp the good and chattel of the  prosecutor SC salk steer and other be indict for that at such a place in the  county of Suffolk way et arms in the defendant pond forbidden et injust  piscerunt cum net and so many carp de good et catallis of the prosecutor do  take and carry away Brotherick move to have the indictment quash first for the  insensibility of the word piscerunt second for that these be fish in a pond  they can not be good et catalla of any person per curian the insensibility of  the word piscerunt will not have vitiate bad the take and carry away of the  fish be well lie if a man have a close pond in which there be fish be may call  they pisces swine in a indictment or be may not do it at his pleasure and  either way be good because be in a close pond the property ration loci in they  can be lose because they can swim away but notwithstanding he can call they as  good et catalla if they be not in trunk and for that the indictment be bad but  however not fit to be quash on motion the offence of fish in other man pond  and take away their fish be too great to receive so much countenance see the  statute Geo c hawk p c appendix the three a trinity term the three year of  queen whether at the sit at nisi prius before sir John holt Knt chief justice  of the court of queen bench
case the queen against STURNEY if a statute create a offence without say how  it shall be try it shall be try by a jury Sturney be convict in a summary  manner on the statute of the car for a fraud in a custom and the conviction be  remove here be quash on motion for per curian the statute direct no particular  way of trial but only that the offender shall be fine at the session and  whenever a Act of parliament make a offence and be silent on the manner of try  it it shall be intend to be a trial per pais accord to great Charta
case the queen against Templeman after plead guilty to a indictment the  defendant may give evidence that justify the fact in mitigation of punishment  S c Danv S c salk after plead guilty to a indictment you may give anything in  evidence that justify the fact or prove he not guilty of the fact for the  entry be non vult to stretch cum owner queen send to put down see in  agreeableness curiae and it be not like the case where one be find guilty by  verdict
case the queen against the archbishop OF york and S buck Trinity term  Elizabeth jn the common plea Hilar term Elizabeth roll the crown shall not he  dispossess by usurpation of a advowson in right of the duchy of Lancaster post  SC I Leon Owen post   b I Leon I Mod ante Com dig quare he foot soldier for  disturb to present to the church of Ackworth as in right of the duchy of  Lancaster and declare that whereas Henry the eight be seize c and present r  dean Henry the eight die and it descend to Edward the six and from he to queen  mary and from her to queen Elizaheth and that it hecame void c the archbishop  plead that heath his predecessor be seize of the advowson as in gross and  collate to it I S his clerk who be admit institute and induct and die seize  and so plead three several collation one after another and demand judgement if  action lie against he by the queen the other defendant incumbent plead the  same plea upon this it be demurrer and the question be if this double or  Triple usurpation put the queen out of possession of a advowson which she have  in right of the duchy of Lancaster?And adjudge it do not a for she shall have  her privilege in this as if it croak Elizabeth have been in right of the crown  and for such advowson a double usurpation do not put her out of possession as  it have been adjudge and here be no usurpation but a collation which shall not  put a common person out of possession and it be adjudge for the queen and a  writ to the archbishop of Canterbury notam a exception be take that the writ  be general and do not mention that the queen have it in right of the duchy but  the count be special and show it but it be award good and so be the register  and a precedent show in Henry accord a see Ann c cro James croak Elizabeth er  p
case the queen against the bishop OF lincoln and ligh the incumbent if a  church hecomes void by the act of the incumbent and the patron present and die  yet the king shall not lose his presentation Owen Goulds more ante   a post  quare he foot soldier the case be after lapse incur to the queen the bishop be  patron do present and afterward the successor of the bishop certify against  this incumbent that he have refuse to pay the ten and then the bishop collat  croak Elizabeth the defendant who be induct the queen bring quare hinder add  it be adjudge that the queen have not lose her presentation but if the  incumbent have die it be otherwise for here the church hecame void bf the  incumbent own act so if he have resign or be deprive and it will he inconvient  if the queen shall lose her presentment by the incumbent own act
case the queen against the commissioner OF the landtax for Barnwell mandamus  to tax land equal S c park upon the motion of sir Peter king recorder of  London the court grant a mandamus to the commissioner of the landtax for  Barnwell to tax the land there equal
case the queen against the corporation OF durham on a mandamus to restore a  townclerk a return that he be annuatin eligibilis be not have the office of  townclerk be prima fancy a office for life this be a mandamus to restore h to  the office of townclerk two exception be take to the return first that they  say that such a year of queen Elizabeth and long before they be a corporation  and so do not entitle themselves by prescription which be ever time out of  mind a see the case of Sutton hospital   cro Elizabeth the yearbook Edward foe  bag be case   raze Ent and dyer a modern report er p the court be of opinion  that a corporation must either be by charter or prescription which be ever  time out of mind and therefore the authority be allow for law but yet the  exception be disallow because it be only fail in a matter of surplusage second  it be except that it be not return that the townclerk be actual choose annual  but only that he be annuatin eligibilis whereas time and usage be necessary to  prescription a see   light lev cro a modern report beside the office of  townclerk be in the nature of it in the eye of the law a office for life and  will be so intend until the contrary appear b vent b the court be of opinion  that the other exception be good for the office of townclerk be a office for  life unless restrain by charter or prescription which ought to be show upon  the return and that this be not do beside though he be annuatin eligibilis he  may continue townclerk and will do so until they choose another but this do  not appear to be do and therefore the exception be good for both these reason  if the return have be eligibilis pro to make one year lantern be office will  have expire at the end of the year whether they have choose another or not but  it be otherwise as this return be
case the queen against the inhabitant OF BELZIM saint Paul the justice can  make a order on the overseer to pay a surgeon bill for attend a pauper Mr  Raymond move to quash a order of session which be make to pay a surgeon bill  who have cure a poor person he urge that the justice have no power to make  such a order for it be try a quantum to deserve holt chief justice if a  surgeon cure a sick person that be poor he must have his action against the  overseer of the parish and then the justice make a order to reimburse the  overseer but they can make such a order as this for a action be the proper  course therefore quash a see same point adjudge king v smith Consts p l king v  Woodsterton bar king b a
case the queen against the inhabitant OF Hornsey public way Parker chief  justice if a will be erect and a way lie out to it if there be no other way  but that to the will it be not material quo mind it be lie out it shall be  deem a public way second no one live in a hundred shall be allow to give  evidence for any matter in favour of that hundred though so poor as upon that  account to be excuse from the payment of tax because though poor at present he  may become Richard modern report easter term the twelve of queen whether in  the queen bench sir Thomas Parker Knt chief justice sir Littleton powys Knt  sir Robert Eyre Knt sir Thomas powys Knt justice sir Edward Northey Knt  attorneygeneral sir Robert Raymond Knt solicitor general
case the queen against the inhabitant OF manchester a order of relief must  state that the object of it be poor and indigent S c pale yellow S c Sett Rem  it be move to quash a order of justice for the payment of two shilling a week  until further order to h for the relief of herself and four poor child the  first exception be that the order do not set forth that h be indigent which be  the very foundation of the justice jurisdiction and for this reason the order  be quash there be another fault in the order videlicet that the money be make  Payable until further order whereas it shall have be during her poverty Eyre  justice have this be a order for settlement the not name the child have be a  fault
case the queen against the inhabitant OF Newnham murrey a order of removal  must adjudge that the pauper be likely to become Chargeable ante post a order  of justice be whereas complaint have be make to we by the churchwarden c of a  that b come to settle in such a parish contrary to law therefore they order he  to another place and it be quash for want of a adjudication that he be likely  to become Chargeable
case the queen against the inhabitant OF Puttenham justice can make a order of  maintenance except on complaint of the overseer a motion be make to quash a  order of session the exception take be that it do not appear that there be any  complaint of the overseer only a b c quorum One do order c modern report per  curian the justice have no power but upon complaint of the overseer for which  reason the order be quash a like order of session between the queen and  inhabitant of Crediton be also quash for the same reason
case the queen against the inhabitant OF Stratford a indictment for not repair  a highway state that it be so narrow dirty and clayey that people can not pass  be insufficient error to reverse a judgement give in a indictment for not  repair a highway Mr Raymond except that it be not say the way be out of repair  but that it be tam small space fda et lutosa as to hinder the queen subject  pass now it do not appear but that it be ancient so and that it be not narrow  than before but it be not show that the way be straiten and the passenger  delay for which the court think it be insufficient but put off judgement until  next term upon the prayer of Nortcliff that he may inspect the record  judgement to reverse it nisi causan by the last day of Trinity term
case the queen against the inhabitant OF the county OF wilts on a information  against a county for not repair a bridge the attorneygeneral may try the cause  in any adjacent county and award the venire either to the body of that county  or to the vicinity of any particular place therein SC post SC salk SC salk SC  holt the inhabitant of the county of wilts be inform against for not repair a  common bridge in their county the attorneygeneral now move for a venire facias  to the county of Berks the whole county of wilts be concern and per curian the  attorneygeneral may choose which of the adjacent county be please and be may  have the venire facias from the body of that county or de vicineto of such a  particular place therein next adjacent to Wiltshire and the defendant be not  entitle to a imparlance upon amendment of a information
case the queen against the inhabitant OF ware a rate can be make to reimburse  a overseer of a former year S c Sett Rem S c Foley S c Bott p l in Tawnys case  a salk ld raym Mod a which do not material differ from this the question be  whether a rate may be make to reimburse a overseer of a former year and  resolve it can not and upon this ground that the present inhabitant be by law  bind only to the maintenance of the present poor for at that rate nobody that  come into a parish can tell what he be to trust to b see Geo c S and Mr Consts  edit of bott poor law b
case the queen against the inhabitant OF Westham in essex commissioner of  sewer can make a assessment for the erection of a tumble bay and lock on a  navigable river the court be move to quash a order make by the commissioner of  sewer charge the inhabitant of Westham in Essex for erect of a tumble bay to  prevent any inconvenience occasion by conden lock which in the very order be  say to have be erect for a private benefit and of a lock to prevent the damage  the tumble bay will occasion to the navigation the court be of opinion that  the order can not be maintain because it be out of the power of commissioner  of sewer to charge inhabitant for find a expedient how a thing erect for a  private benefit may be continue and yet be no nuisance their business shall  have be to have abate the nuisance commissioner of sewer have no power to make  a river navigable nor even to improve the navigation of a river beyond what it  be before preserve it they may in the state it be by remove obstruction and  other natural way but they can even help the navigation by erect lock or any  such artificial method modern report trinity term the twelve of queen whether  in the queen bench sir Thomas Parker Knt chief justice sir Littleton powys Knt  sir Robert Eyre Knt sir Thomas powys Knt justice sir Edward Northey Knt  attorneygeneral sir Robert Raymond Knt solicitor general
case the queen against the mayor OF Carlisle attachment a attachment grant  against he for proceed after a certiorari deliver case rule OF court proceed  be not stay by a reference SC ld ray per curian a submission of a matter to a  reference be no stay of suit for that matter if it be not particular so agree  on
case the queen against the mayor OF thetford affidavit in one motion can be  read in another it be resolve in this case that in a motion for a information  against a a affidavit in a motion against b can be read because the swearer  can be prosecute for it if false a for a full and complete knowledge of the  practice of the court of king bench respect affidavit see Tidds pract Tidds  pract a
case the queen against the mayor OF thetford at what time the court will grant  a attachment for not return a mandamus upon affidavit that he have be serve  with a mandamus on the second of July before and make no return stone move for  a attachment against he or at least to have the alias returnable peremptory  curian it be matter discretionary in the court to let people run the line out  and we may make the alias returnable immediate and for contempt thereon grant  a attachment or if we see occasion we may make the first writ returnable and  we naby make they returnable de die in diem or we may give short return as a  mandamus returnable in a week and a alias in four day after and a pluries with  the like short return see king v Smithies term Rep king v I Edyvean term Rep  king v Winton term Rep and hawk p c ch S a
case the queen against the parish OF caple in surrey order for removal quash  SC Sett Rem a order of two justice be make to remove a man and his two child  out of the parish of Caple where he may become Chargeable he have not rend a  tenement of ten pound ayear and it be hold that say they may become Chargeable  be not well but it shall be that they be likely to become Chargeable but it be  hold that say they have not rend a tenement of ten pound ayear do suffice the  order be hold bad as to the child for they be only removable as person not  settle and likely to become Chargeable or so young as they be not able too  provide for themselves and it be quash as to the child
case the queen against the parish OF kidderminster a order of removal direct  to a say whereas complaint have be make by you be good it appear to we c be a  good adjudication in a order of removal Mr Bains move to quash a order of  removal the order be direct to the overseer and churchwarden of the parish of  Kidderminster and set forth that whereas complaint have be make by you but do  not say who per curian it be well because it refer to the person  beforementioned a see Weston river v saint Peter salk S c Mod S c Mod Shagford  v north Bovey Sett and Rem Spalding v saint John baptist Foley Horsham v  Henfield burr S c king v harely andr great Bedwin v Wilcox stram a a second  exception be that there be no adjudication upon read the order it appear that  as to the place of his last legal settlement there be a good adjudication by  say it appear to we c but say he be likely to become Chargeable be no  adjudication without say it appear to we c and upon this last exception this  order be quash a see king v hackney salk Suddlecombe v Burwash salk maiden v  Fletwick salk Reg v Middleham Foley Reg v Waltham great Sett Rem Reg v  Rochville Sett Rem Tully v Willerton stram king v Warnhill Sess case Ufculm v  Clifthydon burr S c a
case the queen against the parish OF Milverton the session can make a original  order of removal SC Sett Rem upon a appeal to the session they make a order  that the first order shall be quash and the party send to the parish from  whence he be thereby remove it be agree that the justice of the session bad  only power to affirm or quash the former order but not to make a new order but  because a order may be good in part and void for other part that part which  order the poor person to be send back be quash and the rest confirm
case the queen against the parish OF Thursley if a son be bind apprentice to  his father and the father give up his indenture to the son and hire he out in  another parish where he serve a year he be settle in the father parish for the  indenture not be cancel the apprenticeship continue upon a order of session  concern a poor person in the parish of and Thursley in Surrey the case be thus  the son be bind a apprentice to his father the father give up his indenture to  the son and bind he out to a service into another parish for a year where he  serve but do not cancel the indenture and become poor the justice order he  last legal settle in the parish where the father live because the indenture be  still in force his apprenticeship continue Brotherick urge and it be agree  that a accord with satisfaction will be a good discharge of this covenant and  by he here be that which in its nature tantamounts to a satisfaction to the  father for now he be discharge of the obligation of provide for the son as a  apprentice yet per curian the indenture riot be cancel the obligation of the  apprentice continue and if the father shall get the indenture into his hand  again cancel and sue the son thereupon the aforesaid agreement will not be a  good plea for the son and modern it be a good plea to a covenant or even to a  promise that the plaintiff agree the defendant shall be discharge of it king v  Buckingham ld ray king v saint mary Kallander burr SC king v Austrey burr SC  king v justice of Devonshire call king v saint mary Lambeth vol bott p l d  edit a and Powell justice remember the case in the yearbook of Henry the seven  where one be bind by bind and the obligee deliver it to the obligor who omit  to cancel it the obligee have light on it put it in suit and all this be plead  special and adjudge no plea but upon another exception a rule be make to show  cause why the order shall not be quash
case the queen against the town OF Clitheroe the old bailiff of a town be  oblige to return a mandamus a mandamus be to the bailiff of the town of  Clitheroe to swear in such and such person into the office of bailiff  Brotherick move that they shall not be oblige to make a return for they can  not well do it because the writ be not direct to they in their natural  capacity and by their name and two other person be bailiff so that it will be  hard to put they to make a return but per curian if you when bailiff have  swear in other who be not right choose you notwithstanding continue bailiff  still and therefore ought as such to make a return to the queen writ and they  be order to make a return and here holt chief justice say they may amend the  writ at any time before it be returnable but that they on the other side can  not except to quash it until a return thereto be make and file the court will  not amend a mandamus after a return have be make to it king v the mayor of  Stafford term Rep b modern er p
case the queen against tracy after a indictment c how defendant plea may be  receive S c ante S c post S c salk S c holt per curian after a indictment by  the grand jury a plea be not to be receive in the office see king v haddock  that on a indictment for a mayhem lie to be do felonious the defendant deed  not be bring to the bar to plead but may deliver his plea into the office  stram andr a without the defendant give security to try it at his own charge  but if the defendant come into court and plead his plea shall be receive but  he shall be commit if he do not give security to try it if the defendant give  security to try it it must be at his own charge if he go to gaol it must be at  the prosecutor charge
case the queen against TRUEBODY if a burgess total desert the borough he may  be remove from his office S c ld ray S c holt mandamus to restore a burgess to  his freedom but it appear by the return that he have abdicate the corporation  for above four year last pass and that he have remove himself and family  fifteen mile off and that he have be summon to attend and do not whereupon  they discharge he and hold well a city of Exeter v glide Mod show king v mayor  of Leicester burr king v mayor of Newcastle burr king v lime king dougl see  also kid on corporation a if a man attend his office though he live out of the  corporation yet his attendance upon the office will be a sufficient residence  Powell justice doubt if a man live out of the jurisdiction whether they need  summon he out of the jurisdiction it seem not b see Grimes case burr in which  it be express determine that a summons be not necessary where a member of a  corporation be not resident within the town see also kid on Corp b but if he  voluntary attend be answer his duty
case the queen against Tutchim if a person surrender on a proclamation to the  secretary of state on a charge of misdemeanour the secretary may bind he to  appear in the king bench but not to his good behaviour S c post S c salk S c  holt S c saint Tr S c ld ray Tutchim be the author of a seditious paper call  the observator and a order of the house of Commons against he for apprehend he  and likewise a proclamation with a reward for take he up but he abscond a long  time but do not desist from write on very scandalous against the government  and now at last be modern surrender himself to the secretary of state who bind  he to appear here the last day of this term and to his good behaviour in the  mean time a information be now file against he he by his counsel pray time to  plead till next term per curian if he have be summon and have not appear but  have be bring in upon the capias he must have plead instanter but appear upon  his recognizance he ought to have convenient time and now he must renew his  recognizance here that be give new bail or the same if good may enter into a  new recognizance and though we do record his appearance now and give he leave  to go look for bail yet if be do not come sit the court we may call he and  record his default and we can well bind he to his good behaviour for it be not  usual when we proceed in order to convict a man to bind he to his good  behaviour in the interim
case the queen against Twitty not choose be a good return to a mandamus to  swear churchwarden SC salk SC holt mandamus to swear in churchwarden it be  return that they be not choose and it be hold a good return for if both be not  choose the writ do not modern er p command he to swear one of they so the  return be a answer to the command of the writ it be also hold by the court  that if the writ of mandamus be to swear they that be choose general they may  return general that they be not choose but the writ set forth special that  they be choose debt is owed modus they may special return that they be not  choose debt is owed modus but such a return to a general writ will be ill see  the case of Bassett v Chichester side that if the court do not see cause of  restitution though there be no good return to the writ they will not grant a  peremptory mandamus note to former edition a
case the queen against TYRRILL and barber information in nature of quo  warranto judgement per nothing to say and a to take in hand pro fine the fine  be pardon by the late Act but not the offence to a private person a  information in nature of a quo warranto judgement per nothing to say and a to  take in hand pro fine the question be whether this be pardon by the late Act  modern report this cause be speak to in easter term and this term holt chief  justice deliver his opinion that a interlocutory judgement be not within the  exception in the Act for by a judgement be mean a final judgement it be couple  with sentence and decree and a to take in hand pro fine be only to bring they  in to receive the judgement of the court but this be a matter of right  videlicet in a quo warranto though the fine be pardon yet the continuance of  the crime be not and he say he remember a case upon the Act of pardon in king  William time where the fine for a nuisance be pardon but not the continuance  of the nuisance he say likewise that where writ of error say si judgment ind  To give back sit it extend only to final judgement and so do the exception in  the Act of parliament Powell powys and gold justice be of the same opinion  wherefore judgement be give that the defendant shall be oust of his office for  commit the offence but that the fine be pardon a see the case of dr Bentley v  the bishop of Ely fitzg a modern report er p
case the queen against uvoodward c to extort money by mean of a threat to  indict the party for perjury be a indictable offence at commonlaw indictment  against several for intend to defraud a of his money state that they threaten  to send he to Newgate by colour of a warrant and to indict he of perjury  unless he will give they money and a note which he do through their threat  darnel urge that this be no offence indictable but it be overrule then he take  exception to the indictment first that it be not aver that he have no warrant  to carry he to Newgate second neither be it aver that he be not guilty of  perjury roll Rep three it be not aver that any money be actual pay say curian  contra holt chief justice every extortion be a actual trespass and a action of  trespass will lie against a man for fright another out of his money if a man  will make use of a process of law to terrify another out of his money it be  such a trespass as a indictment will lie judgement for the queen
case the queen against vicar a capital burgess can be disfranchise for prevent  the corporation from receive a toll pretend to be due to it by prescription a  mandamus to the corporation of Doncaster to restore vicar to be a capital  burgess to which they return that the corporation have time out of mind have a  toll for coal videlicet for every cartload go through the town a coal of the  value of one penny for every cartload a coal to the value of a halfpenny and  for every horseload a coal as big as a piece of wood keep time out of mind by  the corporation that the say vicar do contrary to his oath hinder the gather  of this toll as well by menace to the tolltakers as by persuade the owner of  the coal not to pay the toll and tell they that he will uphold they in their  refusal after several argument the court be of opinion that it be not  sufficient cause to turn he out for Powell justice say it be no more than say  the toll be unreasonable when it appear so to be to the court and also  uncertain therefore a peremptory mandamus be grant
case the queen against week return of a rescous quash for repugnancy the  sheriff return a rescous thus non be invention in balliua of me and execution  remaining this short catalog to stand open in schedule huic shorten annex and  that be of a take and rescous and the return of the rescous be quash for the  repugnancy for per curian after non be invention all the rest be idle and  there remain no more for the sheriff to do but note upon the return of rescous  the sheriff always conclude that after the rescous make the defendant non be  invention in balliua c
case the queen against west the session can commit a man for disobey a order  of filiation but must proceed on his recognizance S c Mod S c ld ray the  defendant have a order make upon he by two justice for keep a bastardchild he  appeal to the general quartersession who confirm the order and commit he for  disobedience to their order he be bring here by habeas corpus Mr king move  that he may be discharge for that the justice ought not to have commit he but  to have proceed upon his recognizance the court seem to be of that opinion a  see king v Hammond Bulst Reg v simmons post a there be a fault in the first  order which be dr full and another two of her majesty justice of the peace do  adjudge c cro et cro car but the court think this not sufficient to quash the  order b see Billings v Prin Bl Rep king v wykes stram king v forest term Rep  king v Hamstal Ridgware term Rep king v Stotfold term Rep b but they quash it  for that it appear the justice order he to pay a excessive sum and note though  they quash the order they order he to appear the next session modern report er  p
case the queen against wheeler the wheel of a forge or mill can be deodand for  be fix to the freehold it can move to the death of a person inquisition before  the coroner super look substantial object that the wheel of a forge move to  the death of the decease and now it be move to stay process for seize it as a  deodand because it be parcel of a freehold as the wheel of a mill or a  millstone which be agree to be freehold and therefore not capable of be a  deodand holt chief justice a mill be a know thing in law and so be the part  thereof modern er p and therefore if the owner of a mill take out one of the  millstone to prick or gravel it and devise the mill while the stone be sever  from it yet it shall pass as part of the mill and a bell can be a deodand et  per all men let process upon the inquisition stay
case the queen against whiting a adjudication that a pauper be last settle in  such a parish be good upon a motion to quash a order of session upon a  settlement for that it be not in the order that they adjudge he to be last  settle in such a parish he come from the court hold it not necessary so to  adjudge it a see Trowbridge v Weston salk bury v Arundel salk king v hackney  salk Reg v Middleham Foley Egburn v Hartley Wintley Sess case king v Westwood  strange king v Warnhill Sess case bowl v Bradford burr S c king v Normanton  burr S c a modern report er p but it not appear in the order that modern  report he have be Chargeable to the parish but only that whereas he be likely  to become Chargeable the court quash it for by the certificate the parish be  bind to receive he and can remove he until he become Chargeable actual a  maiden v Fletwick salk a
case the queen against williams a husband and wife may be indict joint for  keep a bawdyhouse S c salk husband and wife be indict for keep a bawdyhouse it  be move in arrest of judgement that husband and wife can not be joint indict  for keep a bawdyhouse and brook case a roll a be cite but it be answer that  the indictment be not only for keep a bawdyhouse but for procure lewdness c  that these crime be in their nature several that husband and wife may be find  guilty of nuisance battery or the like that the reason why in burglary larceny  c the wife be excuse be because she can tell what property the husband may  claim in good c and that in Hilary term in the second year of queen whether  James cook and his wife be joint indict for keep a bawdyhouse and the husband  fine and the wife set in the pillory the court the indictment be good keep the  house do not necessary import property but may signify that share of  government which the wife have in a family as well as the husband modern  report er p
case the queen against Wooton justice of peace have only jurisdiction over  servant employ in husbandry justice of peace have no jurisdiction by the  statute Elizabeth c S to judge of wage except in case of husbandman but yet  the court in favour of servant will always unless the contrary appear upon the  face of the order presume servant to be servant in husbandry a see king v  Gregory salk king v Helling stram king v Clegg stram and Reg v Cecil ld ray a  and will admit of no collateral proof to the contrary b by James c it be enact  that the Elizabeth c shall extend to the rate of wage of all labourer weaver  spinster and workman or workwoman whatsoever either work by the day week month  year or take any work by the great or otherwise and by Geo c Geo c and Geo c  justice have jurisdiction between master or mistress and servant in husbandry  hire for a year or for less time or between master and mistress and artificer  handicraftmen miner collier keelmen pitmen glassman potter and other labourer  employ for any certain or in any other manner but it seem that these statute  do not extend to servant in general call case and the case there cite b
case the rioter case eoden die in court Lord keeper Eq can ab pl S c a motion  for a mandatory writ to the chief justice of the king bench to sign a bill of  exception deny though such writ have issue out of chancery to a judge of a  inferior court this day a motion be make that the Lord keeper will grant a  mandatory writ to the chief justice of the king bench to command he to sign a  bill of exception in the case of the Lord grey all who be convict for a not in  London and they Vernon chancery case er p produce a precedent where in a like  case such a writ have issue out of chancery to the judge of the sheriff court  in London but the Lord keeper deny the motion vide stat west d that Edward cap  Inst n et vide lessee of Lawlor v Murray Sch l for that the precedent they  produce be to a inferior court and he will not presume but the chief justice  of England will do what shall be just in the case for possible you may tender  a bill of exception that have false allegation in it and the like and then he  be not bind to sign it for that may be to draw he into a snare and say if they  have wrong do they they may right themselves by a action on the case and if  this court have a vide stat west d that Edward cap Inst n et vide lessee of  Lawlor v Murray Sch l power to grant such a writ the same be discretionary  only as writ of error be in criminal case which be discretionary and not de  lesson and say he have a collection of several case out of the old book of the  law that be give unto he by my Lord chief justice hale which show that writ of  error in criminal case be not grantable ex debt is owed justit but ex  agreeableness king and in such a case a man ought to make application to the  king and he will then refer it to his counsel and if they certify there be  error the king will not deny a writ of error vide on this head crawl v crawl  ante
case the trinity house against crisp Hilary term car roll queen if a bylaw  make by the brother of the Trinity house that no ship load with gunpowder  shall continue in harbour long than twentyfour hour be good SC Jones debt on a  bylaw set forth that they be a corporation time out of mind and have for all  that time use to make bylaw and order for the better government of seaman and  set forth a charter of confirmation from the present king and the bylaw they  declare upon be that no ship in any port of England shall be load with  gunpowder above twentyfour hour before it put to sea nor shall any be keep  there above twentyfour hour after it lie a anchor sub pna forfeiture so much  and this they allege to be for the public good for prevention of fire among  the ship c a then that the defendant do c to which there be a demurrer shower  KB Thompson for the plaintiff argue that bylaw will not bind any stranger but  only their own member if it concern a private matter otherwise if it relate to  the public he cite the chamberlain of London case   Bulst and the case of  franklin v green to prove this diversity sander e contra all bylaw do bind  either ration loci or ration personae but these letter patent and the bylaw in  pursuance of they extend to all mariner in England if they be good they have  the effect of a Act of parliament a statute can do no more than this bylaw of  they the defendant be not of their company and the fact be at Greenwich court  we must agree this bylaw to be good and useful for the wealpublic but again on  the other side it be so general and look so muchlike a Act of parliament that  it seem too much for the power of a corporation or company to ordain b
case the warden and corporation OF weaver in London against brown purchase  material in London and manufacture they out of London be not a trade within  the custom of the city although the wage for such manufacture he there pay   a  r p wms Bac ab ld ray burr action upon the case suppose that the plaintiff  from time whereof c be a corporation in London c pay for it twenty shilling  and eightpence to the queen per annum c and that the custom there be that none  ought to intermeddle with their vild nor with their art within London  orsSoutbwark but those of the guild and that the defendant be none of their  guild have buy forty pound worth of silk of one r to he weave and have weave  it c the defendant plead not guilty and a special verdict find these custom c  and that the defendant be a stranger have receive of r forty pound worth of  silk to he weave and have carry it to hackney and there have weave it and have  bring it back to London and receive his salary c el si c and hereupon all the  court resolve that it be not any offence for although it be a good custom as  they all allow it be be use time c yet this contract for it in London and work  of it in the country be not intermeddle with their trade in London no more  than if a tailor shall buy cloth or receive any other thing in London and make  a garment thereof in the country and although it he a contract in London yet  it be no intermeddle with the trade wherefore it be adjudge for the defendant  see Samms v foster ante
case the warden OF Allsouls college in oxon against tanworth if seize he plead  by the warden and fellow of a college it need not say jure college c c Plowd  Leon and lev vent cro car a writ of right be bring by custos et collegium of  Allsouls in oxon the liheram puran el perpetuan alms el qubd writ be gubd  clamant rashly de we clamagit essejus et horeditatem svan c r exception wear  take to the writ first it ought to be in liheram alms and not puran et  continuous be second it ought to be alms with a double thou three they ought  not to show any tenure in special but general tenent de we fourthly for that  they say not injure college say non allocantur for the first be but surplusage  and not material the second the common course be so and therefore it be good  three they do well to express the tenure for otherwise it may he take for a  tenure in capite which they do well to avoid fourthly when the writ be bring  by cuslos el collegium this can be but in jure college as in their  incorporation for they have no other capacity and the precedent be both way
case the will OF SHANDRIGAMY against the will OF SHOLEDAM Commission of sewer  S c holt holt chief justice Commission of sewer to defend the kingdom against  the sea be very ancient and even by special prescription in some case but  sewer for melioration of land be by Act of parliament
case theed against Starkey a covenant to pay tax on the land do not extend to  the rate to church and poor covenant against a executor for not pay tax accord  to a covenant in a lease make by his testator wherein be covenant with the  lessee to pay all the tax on the land demise and the breach assign be for not  pay the rate to the church and poor upon demurrer to the declaration it be  object that the breach be not well assign because those rate be personal  charge   a and not on the land and for this reason the defendant have  judgement
case Theobald against TREGOTT a creditor who pay money to his debtor servant  be not a competent witness to prove such payment in a action by the master  against the servant in a action on the case by a silkdyer against his servant  for money receive to his use upon the evidence it appear that a send silk to  be die by the plaintiff the plaintiff send his servant the defendant home with  it and a pay he for every parcel as he receive it a be produce as a witness  that he pay the money to the defendant but holt chief justice will not admit  his evidence for that will be to admit a creditor to swear in discharge of  himself he say that if a man pay money by his modern report servant the  servant may be a witness but that be allow for the necessity of the thing
case therman versus Abel SC Bea v n not follow web v England Bea v see also  note to Newton v rouse vern in court loveliness die June Eq can ab pl S c a  tradesman turn away his apprentice for negligence and misdemeanour decree to  refund part of the money he have with he the defendant be a apothecary the  plaintiff put his son to he as a apprentice and give with he a sum of money  pound r l and allow the youth ten pound per Vernon chancery case er p and for  his clothes the defendant have put away his apprentice after he have live some  time with he by reason of negligence and misdemeanour lie to his charge the  court decree the master to refund pound of the money to be pay within a  fortnight and to deliver up the indenture of apprenticeship at the same time  and in default to pay the cost Reg lib b fol vide Newton v rouse ante Vol  Stephenson v Holditch post and the rather because the indenture be not enrol  so as the matter be not proper cognisably before the chamberlain of London
case thickness versus vernon a devise to two person to be equal divide between  they make a tenancy in common a man make a and b his executor and direct that  pound of his personal estate shall be lie out in land for the benefit of his  wife for life and then to his executor Vernon chancery case er p to be equal  divide betwixt they the wife and one of the executor die before any  disposition make of this money decree by the Lord chancellor that this money  shall not survive and he cite a case in the late time where a Vernon chancery  case man devise his personal estate unto two person equal and there by the  advice of the Lord chief justice roll it be decree it shall not survive it  appear that the testator by his will also give to his say executor after  payment of debt and legacy the residue of his personal estate without more but  the bill charge that as to the surplus of the testator personal estate it have  be agree that the same shall be equal divide between they and no advantage  take of survivorship and which agreement be prove in the cause and as to this  the court decree accord Reg lib b fol vide Kew v rouse ux post
case THIMBLETHORP against Hardesty a action for money due to a inn of chancery  will not lie in the name of the principal only but must be bring in the joint  name of the principal and the ancient he bring a action as principal of  furnival inn and declare upon a accuse computasset with he for several sum of  money due to he and the senior of the society and after verdict it be move in  arrest of judgement that it can be his debt upon this promise for by his  declaration the several sum be lie to have be due to he and the senior of the  society and the promise whether express or imply yet still it must be a  promise to they who debt it be therefore they all ought to join in the action  here it be agree that churchwarden may bring a action in their name for the  debt of the parish for they be a corporation but here the plaintiff be none  and the principal and ancient ought to join not as principal and ancient but  as they be natural person if a account be make with the dean of Westminster  for money due to the dean and chapter of Westminster this be a account with  the dean and chapter and the action must be bring in their name that be in  their politic name if plaintiff be trustee for the society of this house he  may sue in his own name and per curian a promise to one here be a promise to  all and all of they must join in a action bring upon that promise even upon a  actual promise and the debt upon the account state arise to so many particular  person and they all ought to join in the action and though the defendant be  one of they yet the promise be to all the rest exclude himself and all the  rest be jointtenants against he and a note make to one of the society by  another of they be a note to all except he that give it as if there be twenty  partner and one of they covenant with all the rest he be in that respect  several from they all and they all joint against he and judgement arrest per  totan curian
case thin against rigby Trinity term James roll a award that one shall have  certain tree and that the other shall give security for such a sum without  name the kind of security be void for uncertainty roll ab   more stram style  Mod Mod Mod Mod ld ray vern peer wms arbitrator can reserve to themselves a  future authority error in the exchequer Chamber upon a judgement in the king  bench in a assumpsit for nonperformance of a arbitrament the error assign be  for that the arbitrament be void in hoc that the submission be concern the cut  a doubt have arise as to the extent of the jurisdiction of this court Charles  the first in the that year of his reign by letter patent erect a new court  call the curian palatii with jurisdiction to hold plea in all personal action  whatsoever which shall arise between party within twelve mile of Whitehall Bl  Com Bl Com side salk croak James er p down of certain tree in S they award  that the defendant shall have they and that he shall give security to the  plaintiff for the payment croak throw of sixteen pound at two day the  plaintiff assign the breach that he do not give security nor pay the money and  it be agree by all the judge and baron that it be a void arbitrament for the  uncertainty not show what security he shall give whether by bind or otherwise  and every arbitrament ought to be certain that the party may know what he be  to perform vide   second the arbitrament be that the defendant shall leave so  many of the tree to the plaintiff for housebote and hedgebote as the  arbitrator upon advice with counsel at the next assize shall appoint and for  this cause it be hold to be void for they do not make a perfect arbitrament  and they may not reserve authority to themselves to execute at a future time  wherefore the judgement be reverse
case thirty e Fitzherbert nuisance f n b of a way in gross it have be often  misjudge by the sage of the law that a assize noth not lie it ought to belong  to land or to a house for a way ought to have a terminus a quo ad who and to  be of some benefit to entitle a man to have a assize and therefore if it be  only in gross a assize noth not lie for the obstruction or stop of it but  covenant lie against the grantor upon his deed if he disturb and the grantee  have a deed of such grant a assize do not lie for such grantee have no  freehold law nil compose in vain
case thirty Elizabeth dyer use trust forfeiture baron and feme Inst more Chan  can Chan r a husband possess of a lease for year assign it to b in trust for  himself and his wife the husband can assign this trust for a trust be nothing  in law and use be abolish and join to the possession this trust can be say to  be a use for if so the h of transfer use into possession will be to no purpose  for this statute require a seize to the use but there be only a possession in  a lessee for year assignment of trust beget strife and maintenance and be void  in law by the judge of both bench Jenkins a trust of a chattel go to the  executor in equity only as a trust of a inheritance to the heir a trust of a  lease for year for a wife after the death of the wife do not go to the husband  in equity as it be resolve a trust of a chattel may be forfeit for the felony  or treason of the trustor as it be resolve in the case of the earl of Somerset  attaint for poison sir Thomas Overbury concern a lease of the custom of sweet  wine which be a lease for year the earl have take for himself in the name of  sir John Daccombe it seem that the trust of a inheritance at this day be not  forfeitable for treason commit by the trustor a use at commonlaw be not  forfeitable for treason or felony equity give relief upon a devise but not  upon a assignment of a trust at this day where the tenant of the land be  attaint of felony or treason the use and trust for this land be extinguish for  the king or the lord to who the escheat belong come in Jenkins er p the post  and paramount the trust and upon a title elder than the use or trust videlicet  the right of his lordship by escheat for want of a tenant
case thirty h   a b Garnons case execution a bring trespass way arms against b  b be condemned in damage in the time of one king who demise upon the  coronation of the new king there be a pardon of this fine after four year the  defendant be take by a capias pro fine for the king upon a petition to the  king in this case he shall be discharge and shall not be in execution for the  plaintiff although he shall pray it for the capias pro fine issue erroneous  after a pardon and he can be in execution at the suit and upon the prayer of  the party in this case neither after the year be end nor within the year for  the reason aforesaid by all the judge of England Jenkins er p
case thirty h Fitzherbert return de viscount quod not consulted to make  prudently revocem return de viscount upon a venire facias to try a issue the  sheriff return the panel upon the habeas corpora the sheriff return to put in  hand ballivo liberty c this be a good return for it may be that the liberty be  grant after the return of the venire facias and before the testae of the  habeas corpora and also if the sheriff at first do wrong to the franchise he  be not oblige to continue it by the justice of both bench
case thirty h h e Inst the steal of tame peacock be felony so of tame heron  pigeon and young hawk in their nest so of fish in a private lake and pond it  be otherwise of the pheasant partridge hare cony although they be so keep that  they can escape if they do not become reclaim and be know so to be by he who  steal they the same law of all wile beast which serve for man food but as to  cat dog monkey and the like it be no felony to steal they but trespass may lie  for take they
case thirty h h h by the judge in the exchequerchamber default inquest in debt  the defendant plead a release the plaintiff deny it upon a trial to he have by  the jury the defendant make default he shall be condemned without a verdict it  be otherwise if duress be plead where the defendant in trespass plead Jenkins  er p a release and make default at the trial yet the jury shall be charge and  give a verdict upon a issue whether payment be make or not the inquest shall  be take although the defendant make default I h e in a appeal of rape the  defendant plead not guilty he be let go by mainprize and make default at the  day of trial a inquest shall not be take by default in favor vitae but a  capias shall issue and a alias and pluries and a exigent ass pl who tacet to  agree to see
case this case be know by the name of Allington v vavasor anonymous plaintiff  ought to pay the cost of one nonsuit only where a latitat be award against  four defendant though they appear several by different atorneys where the  nonsuit be for not declare against they in two term salk S c Mod Bac Abr  Richard bring king b Mod Cromp bring a latitat be award against four defendant  who be arrest thereupon and give their appearance several by different  atorneys and afterward the plaintiff be nonsuit by every one of they several  for not declare against they in two term and S cost award to every one of the  four defendant but it be hold ill for by holt c j though the plaintiff may  declare against they several yet as the writ be award against they joint and  the plaintiff be nonsuit before any declaration there ought to be but one  nonsuit for all of they
case thomas Adam against lord warden OF the stannery a prohibition grant to  the stannery on a suggestion that their proceed be repugnant to the rule of  justice Inst roll ab   Bulst roll Rep Bac ab Cowp Thomas Adam by Noy the king  attorney pray a prohibition against the Lord warden of the stannery in  Cornwall and his deputy there and against Richard Adam and other for that they  procure a order and decree for the payment of a sum of money unto they without  any bill and summon the defendant to appear and without any answer or sentence  of court so the proceed be in person non judge and Noy say all their proceed  there summary et de plano without any formal course be illegal and the king S  court shall take notice where they proceed irregular and shall control they  and preserve the jurisdiction of the court croak car er p and be further say  that the jurisdiction of the stannery a be only for tin matter and where the  person which sue or the one of they be a tinner b whereupon a prohibition  comprise all this matter be draw and grant accord
case thomas BARKHAMS case the king bench will bail upon a commitment by the  privycouncil where no cause be express ante post cro see hale hawk ch S Bl Rep  will Thomas Barkham upon a habeas corpus award to the warden of the fleet be  bring to the bar and it be return that he be commit that November by warrant  from the lord of the Council to the fleet to remain there until other order  give and for that there be not any cause of commitment mention either in the  mittimus or return the court conceive he ought not to be detain in prison  whereupon he be bail a see the riot Act Geo c croak car er p
case thomas broom against robert mordant Trinity term Elizabeth roll a  leasefor year by husband and wife of the Nvifes land be good during the  coverture Cowp dougl ld raym action upon the case the Olairitiff declare that  ThomasStyle I and Margaret his wife be eised of a watermill call Westburymill  videlicet the say Thomas in his de aesne as of fee and the say Margaret ut de  lihero tenewnto and be so croak Elizabeth seize they and all those who estate  they have in the say mill have have time out of mind c a watercourse run in  the river of Westbury to a mill call Innelleymill in the county of n to the  say Westburymill and from thence super eat trans a acre of land of the  defendant to a mill call Mixburymill in the county of oxon and this without  any erect of any mill and have time out of I c the multure of diverse  inhabitant there of their corn c and they be so seize let the say mill to the  plaintiff c by indenture by which he be possess until the defendant erect a  new mill upon the say acre of land per quod obstupavit water predict ita quod  molendinum predict strangle to be so that the plaintiff lose the profit of his  mill from the first day of July c until c to his damage c and hereupon it be  demurrer in law and the same exception take as in the case before and rule as  before and another exception be take for it be say the baron be seize in fee  and the feme in her demesne as freehold but say not of what estate for her  life or for another life exception because the prescription be allege in the  baron and feme and the feme have only a estate for life and so can prescrihe  say no allocantur for to the first the plaintiff need not show what estate  they have it be by way of conveyance and to the second when the feme be joint  seize with her baron who have the fee the prescription may he allege in both  et such adjudicator
case thomas BROXON and his wife against dagger and his wife Trinity term car  roll the imputation of be a witch general without some act of witchcraft  allege be not actionable see Geo c ante post action for these word speak by  the wife of the defendant of the plaintiff wife thou art a witch I will make  you come and say God save my mare I be force to get my mare charm for you  after verdict upon not guilty plead and find for the plaintiff Littleton  recorder of London move in arrest of judgement that none of these word be  actionable for the first word thou art a witch without mention that she  bewitch any person cattle or good be too general and no action maintainable  for speak of they and he cite diverse precedent that for call one witch  general action lie not if be do not show what witchcraft she commit all the  court upon the first motion be of that opinion and for the second word I will  make you say God save my mare there be not imply any witchcraft and for the  last word I be enforce to get my mare charm for you be a fault in the  plaintiff who will procure charm to prevent mischief to her mare wherefore  rule be give that the judgement shall be stay until c
case Thomas case practice of the court in grant attachment on motion for a  attachment on a nisi rule against several they all appear except one Thomas  who they can not find to serve with the rule the court think it reasonable to  make the rule absolute against they all but Thomas not be serve with the nisi  rule the court can not grant a attachment but there be a affidavit of Thomas  produce before the master reeves move that whereas there be a affidavit of  Thomas it appear he know of the rule and therefore pray that it may be  absolute against he but the court will not do that but direct that service of  it on Thomas attorney may be good service on Thomas
case thomas DEARINGS case a indictment quash for want of felon c it     hawk  he be indict of murder Lewkener take diverse exception first the inquisition  be take before the g coroner of the Lord Berkeley but show not that he be  coroner of the county or of what liberty second it be not show how the Lord  Berkeley can make a coroner by patent or prescription three it be qubd  percussi cum sword and say not felonieAnd for these cause the indictment be  discharge
case thomas HEVERS case Kanciae year Decimus octavo edvardi four indictment  for say that the parliament be more than any former parliament c Thomas Hever  indictatur pro eastern quod proditory dixit quod ultimum parliament domini  king at westmonasterium to stretch to greater extent simplex et insufficient  to be how unquan before et beyond quod dominus king to put forth custom svan  infra county Kanciae to draw et love ligeorum of oneself ibidem to have  because love cordialem infra the same community non to have nec in going to be  to have et quod si bishop Bathoniensis to die quod tunc immediate Thomas  archbishop cantuariensis et cardinal England caput suum to send away et many  men diversimoda word proditoria de ring how alian word wicked de owner nest  tam Of how of a time Utlagatus prout to stand open per rotul sitting
case thomas HOLLINGWORTHS case easter term James roll a indictment lie against  a person for do what be prohibit by statute if no particular mode of  punishment be direct roll Rep side vent Mod salk see king v Robinson burr hawk  p c Thomas Hollingworth be indict whereas he on the first of April James be a  inhabitant at Brentford in the county of Middlesex that he at hackney and  other place within the say county be a wander pedlar carry about ware to a  vide Richard pl Henry pl Edward pl Edward pl Edward pl where ex insinuatone be  insert instead of ex insinuation and for want of I the writ be abate croak  James er p sell in private house and not in open market and fair and sell such  ware show what in particular to colour his wander and so in form prediction be  a vagabond and it be thereupon demurrer first whether he may be indict for the  offence pass or ought to be only take in the mainour and punish by the justice  of peace accord to law second whether by this carry and sell of ware in the  same county where he inhabit out of fair and market and not elsewhere he shall  be say to be a rogue within the statute a and it be adjudge that he shall for  he be a pedlar and wanderer within the word and intent of the statute and may  well be indict and punish as a offender against the statute wherefore it be  adjudge against he upon the first argument
case thomas HYATS case a prohibition will not lie to the spiritual court to  stop the allowance of alimony light Rep cro car Thomas be wide open pray a  prohibition to the consistory court of London for that he be sue there by his  wife to be separate from he near rage and sentence be there give against he  that his wife shall live from he and that he shall allow her five shilling and  sixpence weekly although the husband offer reconciliation and desire  cohabitation and proffer caution to use her fit but it be deny by the court to  grant a prohibition because the court of the ordinary be the proper court for  allowance of alimony and may take order for separation or divorce if she be  cruel use
case thomas KERVERS case Berkshire in the twentyfirst year of Henry indictment  for accuse the king of be unequal to the duty of his office and neglect the  interest of his kingdom Thomas kerver indictatur pro eastern quod ipse  proditory dixit word following woe to the kingdom where a child be king et  iterum dixit it have be better for the kingdom of England by a hundred  thousand pound if the say king have be dead twenty year before et iterum it  have be better for the say kingdom by all hundred thousand pound if the say  king never have be bear and that the dauphin of France be in Aquitaine and  gascoyn with a great power and valiant fight possess himself of the land of  the king of England in Aquitaine and gascoyn and if the say king be but of as  much humanity as the dauphin who be of his age the say king may quiet and  peaceable hold and enjoy his say land to his be plead not guilty and be commit  to the constable of the tower of London and afterward recommit to Wallingford  castle therefore nil ultra that this only is apparent
case thomas leeser against Samuel west Hilary term James roll a mistake in the  record of the Christian name of the plaintiff for that of the defendant may be  amend after the record be remove and error assign ante cro Elizabeth more burr  Cowp see the case of Richard v brown dougl and hardwood v thatcher term Rep  error of a judgement in a ejectment after the record be remove and the error  assign it be move that the record may be amend for the entry after the  imparlance be ad who diem to come tam prediction Thomas how predict Samuel per  attorney swine c et predict Thomas make practice of defending vim c et to say  non be ind worthy of blame c and so Thomas be mistake for Samuel which be  allege to be but the default of the clerk and although the record be remove  and the croak throw error assign yet it be order to be amend precedent be show  of amendment in like case the one in Trinity term James roll Oliver spray v  George parson a where the entry be et prediction Olivarus make practice of  defending vim c where it shall have be predict georgius and after the error  assign it be order to be amend so in chamberlain v ewer b after the record  remove and the error assign the bill upon the file be amend c a Harvey v  chamberlain post a ante b ante c see and car c croak James er p
case thomas not son and heir of sir thomas not plaintiff johnson and graham  executor of george hill defendant Lord chancellor June Eq can ab pl Ch can S c  vol case a purchase from a heir at undervalue in the life of his father set  aside Ant case the plaintiff be entitle to a estatetail after the death of his  father in land which if in possession be worth to be sell about pound and be  cast off by his father and destitute of all mean of livelihood do in for pound  pay and pound per annum secure to be pay to he during the joint life of he and  his father absolute convey his remainder in tail to the defendant hill father  and his heir the plaintiff father live ten year after this conveyance and then  the plaintiff bring his bill to be relieve against this conveyance charge that  it be intend wily as a security and though there be no proof to that purpose  and the deed absolute and though hill will have lose all if the plaintiff have  die in his father lifetime yet upon the first hear of this cause tune car the  Lord Nottingham agree a redemption the that may car the Lord north upon a  rehear dismiss the bill No trust appear and the conveyance be absolute per  Lord keeper r l and that dismission not be sign and enrol the that may the  Lord chancellor order a rehear and now upon the rehear declare he take it to  be a unrighteous bargain in the beginning and that nothing happen afterward  will help it and so discharge the Lord north order and confirm the Lord  chancellor nottingham decree the defendant account for the profit receive and  to have their cost at law and in this court to be tax and to have the bind for  payment of the annuity deliver up Reg lib b fol vide batty v Lloyd ante vol  Bernee v Pitt ante p and case there respective cite Vernon chancery case er p
case thomas russel against John grange a misprision of the clerk in insert the  Christian name of the plaintiff instead of that of the defendant in a  declaration in assumpsit be amendable after verdict ante strange Cowp  assumpsit upon non assumpsit plead and find for the plaintiff it be move in  arrest of judgement because the record be enter et preceding Thom go for sale  per attornatum suum et preceding John per attornatum suum et preceding Thom  make practice of defending vim et in an unjust manner c et to say qubd ipse  non assumpsit et de hoe c Etproedictus Thom similiter c so John the defendant  never plead but Thomas the plaintiff and so no issue join hetween the party  and it be move that this plea be vicious and not alike as where the party have  once plead well but it be a misprision in the conclusion as in the case of  Henry pl penington case but all the court be full hold that it be a mere  misprision of the clerk and well amendable after verdict for it shall he  intend to he the defendant plea and but the misentry of the clerk wherefore it  be order to he amend and be adjudge for the plaintiff a it be move again and  adjudge for the plaintiff post croak Elizabeth er p
case thomas smith against richard cooker Trinity term car roll a action will  lie by husband alone for say thou and your wife be witch and have bewitch my  mare innuendo the mare of the plaintiff instead of the defendant S C Jones  roll ab cro James dyer Goulds Bac Abr Bac Abr action for these word of the  plaintiff thou and your wife innuendo the plaintiff and Agnes his wife be both  witch and have bewitch my mare innuendo the mare of the say Thomas where it  ought to have be the mare of the say Richard after verdict upon not guilty for  the plaintiff it be move in arrest of judgement for the defendant because that  two can commit one witchcraft also it can be the mare of the plaintiff and the  mare of the defendant as prediction thomae import say non allocatur for the  word ought to be refer as they be speak videlicet that both of they bewitch my  mare and both croak car refer to each of they that they have several commit  the offence for if a man say to two you both have murder I S each of they  shall have his action several and not joint as the yearbook Henry pl be and  for the last word innuendo the mare of Thomas Thomas be repugnant to the  precedent word c therefore judgement be give for the plaintiff
case THOMLINS against hoe and his wife trespass by husband and wife for the  battery of the wife et alian irregular the dawn to bring in be good ante roll  ab side cro Elizabeth style salk stram in false imprisonment for so long time  without say when it be it shall be intend immediate error of a judgement in  the king bench in trespass for the battery and false imprisonment of his wife  upon not guilty plead a verdict be find and judgement enter for the plaintiff  the error assign be that the declaration be et alian irregular the dawn to  bring in where the battery and imprisonment be only to the wife and the wife  may not join with the husband for tort to he and therefore it ought to have be  ei to bring in which be to the wife and for that cause the declaration be ill  as also for that the damage be give to the husband and wife for a tort do to  the husband say non allocatur for it be but matter of form and in aggravation  of damage and be not material nor alter the substance of the declaration the  husband may have wrong by the battery of his wife and therefore it may very  well be alian irregular the dawn to bring in a second error assign be because  the declaration be that he assault and imprison the wife such a day and year  and detain her in prison for twentyfour croak James er p day but do not say  when so it be uncertain when those twentyfour day were Sed non allocatur for  it shall be intend to be immediate after the imprisonment wherefore the  judgement be affirm
case thompson against goodfellow the election of judge of the sheriff court in  London be in the common council and not in the lord mayor or sheriff Mr  William Thompson sue a mandamus to be swear judge of the sheriff court London  and upon debate it be agree that the election or nomination of a person to  that office lie in the commoncouncil and not in the lord mayor or sheriff and  say that in the case of proctor v Philip in Lord hale time a it be controvert  and at length so determine but Thompson afterward desist though say to have  have the majority of voice in the commoncouncil
case thompson against PINCHELL a feme executrix must join with her husband a  action be bring by husband and wife against the defendant for good take out of  their possession the wife be administratrix Mr Raymond move in arrest of  judgement because the good have be in their possession the wife shall not be  join and name her executrix may have be leave out of the case and cite a case  in the ten year of William the three where the wife be executrix and the  defendant promise the husband that if he will forbear he will pay and the wife  be not join in that case modern report Powell justice in the case of husband  and wife it be certain the law give the good of the wife to the husband a    light more atk atk will a but not when she be administratrix because she have  they in autre law and the husband here can bring a action on the judgement  judgement for the plaintiff b see Anonymous salk weller v baker will Dunstan v  Burwell will b
case thompson versus waller Eq Abr c S c vern vide post pale yellow Eq Rep  Vernon wms atk upon a appeal from the roll or to the house of lord no new  matter to be insist upon in this case it be hold clear by my Lord chancellor  that upon a appeal either from the roll to he or from he to the house of lord  no new matter not in issue in the cause below shall be suffer or insist on and  say that rather than give way to a precedent of such general inconvenience as  this will be he will dismiss the appeal though by it the plaintiff be force to  bring anew bill or a bill of review for his relief precedent in chancery er p
case thomson against butler in a writ of annuity to he pay upon request it be  not necessary to state a request ante lev in a writ of annuity the case be  that one grant a annuity to he pay at the house of the grantor upon request at  the four usual feast the grantee bring a writ of annuity for rend due at such  a feast the defendant plead ed non require at the feast and it be thereupon  demurrer the sole question be whether the annuity he lose for that time  because there be not any request made?The court hold that it be not for by the  grant of the annuity it be a duty and the limitation to he pay at four term of  the year be a limitation of the payment and if it be not a duty can a  therequestis not material as in the case of Lancaster v where a single bind be  make to loosen upon request the defendant plead non reguisitus and adjudge to  he no plea for it be a duty without request so here
case thomson against field a demand of rend plead without show how long he  come before or stay after the last hour be good ante raym Lutw dougl non  payment of rend be breach of a condition to perform all covenant payment c  ante cro car dougl debt upon a obligation condition to perform the covenant in  a indenture whereby he let land render the rend of ten pound per annum or  within six day after those feast the defendant plead performance of the  covenant the plaintiff assign the breach that he on such a day be the six day  after the feast before sunset demand five pound for rend then croak throw due  and neither the defendant nor any for he be there ready to pay it for which c  and here upon the defendant demurrer Chibborn sergeant now move first that the  declaration be not good because he do not show the certain time when he come  before sunset and how long he remain after sunset to demand the same so as it  may appear to the court that croak James er p there be time sufficient for  tell of it out say non allocatur for it be so small a sum it require not much  time for the tell thereof and when he come before sunset and stay there after  and none come to pay it it be well enough allege although he do not say what  time he come before sunset nor how long time in certain he remain there to  demand it second it be object that this demand be not good because he demand  it as a rend then due whereas he ought to demand it as a rend due at the last  feast Sed non allocatur for the rend be reservable and Payable at the say  feast or within six day after it be not due to be demand until the six day but  it may be pay if the tenant will before wherefore the demand be well enough  three it be also resolve that the condition be for the performance of covenant  payment and agreement the nonpayment of the rend upon demand on the last day  be a breach of the bind wherefore it be adjudge for the plaintiff
case thomson against Southwell the court will take notice what day of the  month term begin declaration be general of easter term and cause of action lie  in such a day in April which day in fact be within the term first it be agree  that the court will judicial take notice of the first day of that term  videlicet what day of the month it be and consequent that the cause of action  accrue after it a second that a declaration general of such a term without any  special memorandum refer to the first day of term otherwise if there be a  special memorandum a side cro James cro Elizabeth cro car modern report er p  of the time of fill the bill or of give bail so if it be make out in fact to  have be at a day after the day of cause of action mention it may be set right  b but upon examination it appear the declaration be accept by consent which  holt chief justice say be a fill of common bail of course but there be no writ  or process returnable and thereupon holt chief justice declare if there be a  process returnable at a day certain and it have appear when bail have be put  in that will be a ground for amendment but it be only find that common bail be  file that must refer to the first day of term and the judgement be arrest c  vide lev keb vent hob
case thomson versus clerk mich term pound Elizabeth roll on a fl fa the good  can be deliver to the plaintiff in satisfaction of his debt term Rep traverse  cro James will trover and conversion of good at d in comitat not the defendant  say that he recover against the plaintiff a debt of by bill in the queen bench  and thereupon have a become facias direct to the sheriff of York who at  Wakefield in county Eborum seize those good and deliver they unto he in  satisfaction of this execution and so justify the conversion it be thereupon  demurrer and without urn ent rule that the plead be ill first because he show  not where the uge e n p S bench be at the time of the recovery it be a court  removable as Edward pl S second the trover and conversion be suppose to he in  the county of Nottingham and he justify in the county of York without traverse  c three the sheriff upon a writ of become facias can deliver the defendant  good to the plaintiff in satisfaction of his debt a wherefore it be adjudge  for the plaintiff
case thorn against shear Hilary term car roll a traverse upon a traverse be  bad plead ante Yelv cro Elizabeth   a Lut Carth trespass de enclosed space to  break in pieces the defendant justify his entry by the command of I S the  plaintiff reply and show that I S be seize in fee and let to he at will and  traverse the command of I S the defendant maintain that I S command he to  enter and that he enter by his command and traverse the lease at will and  hereupon it be demurrer it be adjudge for the plaintiff that the command be  traversable and that the defendant rejoinder to make a traverse upon a  traverse as this case be be not good wherefore judgement be give for the  plaintiff in easter term Elizabeth in Parker case adjudge that the command be  traversable croak car michaelmas term car in the king bench sir John Brampston  Knt chief justice sir William Jones Knt sir George croak Knt sir Robert  Berkley Knt justice sir John bank Knt attorney general sir Edward Herbert Knt  solicitor general
case thorn versus thorn Julii Lord keeper mortgage in fee be a revocation pro  tanto only of a settlement with power of revocation thorn be seize in fee by a  voluntary conveyance settle his land to the use of himself for life remainder  to his daughter and heir apparent in tail remainder to his three brother in  tail remainder to himself in fee with power of revocation and seven year after  mortgage those land in fee and the condition of the redemption be that if the  mortgagor or his heir pay the money at the day he shall have the land in his  former estate the mortgage be make to one of the three brother that be the  remainder man the mortgage become forfeit and the mortgagee afterward purchase  of his old brother who be the heir at law Vernon chancery case the three  brother bring his bill for a three part by virtue of the remainder in tail  limit to he and his two brother and the question be whether the mortgage be a  total revocation or but pro tanto the Lord keeper declare it be a revocation  pro tanto only the mortgagor be to have the land on payment as in his former  estate and decree it accord vide Perkins v walker all ante and case cite in  note there thorn v thorn ante S c
case THORNAIGH against Disney the addition of the plaintiff name be not  material in a declaration in debt on bind debt upon a obligation of four  hundred pound the defendant demand judgement of the bill for that the  plaintiff in the obligation be name I Thornaigh de Fenton in comNott arm and  in the declaration he be name Jo though arm so de Fenton in come not be leave  out and for this variance demand judgement upon motion without argument it be  rule that the defendant shall answer over for this be no variance to abate the  bill when he be well name in his proper name and surname the addition be not  material otherwise if it be of the part of the defendant coke solicitor  general who plead it say that he do it only to gain time because it be a  matter of great extremity vide Henry pl Edward pl
case Thornborough against MONPENSON a covenant to make such a assurance as  counsel shall devise expound cro James covenant the covenant wherein the  breach be assign be that he shall make such a assurance as his counsel shall  devise of a annuity of twenty pound and alled eth for breach that his counsel  devise that he shall bind himself and his heir by a obligation fortthe payment  of this annuity yearly which he have not do and issue be join thereupon after  verdict it be move in arrest of judgement that this be not within the covenant  and so no breach for it be not any assurance of the annuity Popbam if a man  covenant to make such a assurance of the manor of d as his counsel shall  devise and the counsel devise a obligation or a statute to he make for the  peaceable enjoyment thereof he be not bind to make it quod curian to go away  but if the covenant be to do such act or act for the assurance of the manor of  d as his counsel shall devise croak Elizabeth and they devise a statute for  the peaceable enjoyment thereof he be bind to do it it be also move that this  be not within the covenant because the devise be that he shall bind he and his  heir and there be not any word in the covenant that the heir shall he oblige  wherefore c but the court give not any answer thereto and it be end by  arbitrament
case Thornborough against WHITACRE assumpsit lie on a promise to deliver a  grain of rye on Monday and a additional two grain in arithmetical progression  on every Monday during the year but the jury may give such damage only as they  think reasonable SC ld ray S c salk assumpsit that in consideration of half a  crown by the plaintiff in hand pay to the defendant he promise to pay two  grain of rye upon Monday the twentyninth of march in such a ear four grain the  next Monday after and so on by progressional arithmetic every Monday for a  year and non assumpsit plead per curian upon motion let they go to trial and  though this will amount to a vast quantity yet the jury will consider of the  folly of the defendant and give but reasonable damage against he this come  before the court on a demurrer to the declaration and the court be of opinion  that the action will lie but the defendant perceive the opinion of the court  to be against he offer the plaintiff his halfcrown and cost which be accept of  and so no judgement be give in the case SC ld ray in assumpsit to pay for a  horse a barleycorn a nail double every nail it be aver in the declaration that  there be thirtytwo nail in every shoe which double every nail come to quarter  of barley and hide chief justice direct the jury to give the value of the  horse in damage and they give eight pound and hold good James v Morgan lev for  a catch bargain shall not be take advantage of Lord Chesterfield v Jansen will  and give he the value of the horse be give he all that he be in reason and  justice entitle to and to that he be entitle as the defendant bad no right to  have the horse for nothing Bac ab notorious facts a modern er p
case Thorney case in a indictment if it do not appear that the offence arise  within the special division of the county for which the grand jury be return  the omission be fatal ante Bulst cro Elizabeth dyer hawk p c peer wms dougl  the caption of a indictment may be amend by the original record Thorney be  indict upon the statute of Henry c in this manner inquisition captain at  Surflet in person a et b justice peace c in birth per sacrament c exception be  take because it do not appear that Surflet where the inquisition be take be in  birth hollandiae otherwise the inquisition be take without authority for in  the county of Lincoln be three division and three several commission of the  peace so as the one have not to do with the other videlicet the part of  holland the part of Kesteiven and the part of linsey and because it be not  show that Surflet be in the part of holland it be move to be ill and a  precedent show in Trinity term James roll where one heath be indict in comitat  Eborum in the west ride and the word as here and for this cause rule to be ill  and discharge and so in this case hold croak Yelverton and Fenner but William  and Fleming chief justice doubt yet at length upon view of the precedent they  agree that the indictment shall be discharge if the record with the clerk of  the peace be so wherefore it be command that he shall bring in the croak throw  record itself to be view for it be urge that no other certiorari can be award  in this case but if they upon view of the record find it to be a misprision in  the certificate they shall cause it to be amend
case thornhil and Adam against king and his wife Michaelmas term pound  Elizabeth roll on a covenant that neither the lessee nor his assign shall  alien without licence except to his wife he devise the term to his wife who  take husband and they assign it this be a breach of the covenant Videpost I  wood con sheep touch dougl debt upon a obligation condition for the  performance of covenant in a indenture of lease whereof one be that the lessee  his executor or assign nor any other who shall come to have the estate or  interest in the term or any part thereof shall not alien their estate without  licence of the lessor but only to his wife or child the lessee devise it to  his wife and make her his executrix who enter therein as legatee and take king  the defendant to husband they alien the estate the lessor bring debt upon the  bind they plead that they have not alien contraformam assembly the plaintiff  show the alienation abovesaid and thereupon it be demurrer and hold by  Anderson Glanville and Kingsmil that the croak Elizabeth er p covenant be  break for the feme be restrain from alien by express word thereof as well as  the lessee himself for it extend to the lessee and his assign and she be  assignee so although there be once a alienation by licence yet that assignee  can alien without licence Walmsley doubt thereof because the word be that the  lessee or assignee shall not alien but to his wife or child and the wife be  not within those word for she can alien to herself so she be not intend to he  within they but he say it have be adjudge here that where a condition within a  lease be that neither he nor his assign shall alien without licence the lessee  die intestate the administrator be bind by this condition vide dyer pl and
case THORNICROFT against barn in debt on bind condition that if the apprentice  of the obligee shall purloin or embezzle anything to his master damage the  obligor will pay it a breach that he embezzle and purloin l be well assign  Writ of error bring upon a judgement give in the court of common plea the  action be debt upon a bind of one thousand pound penalty condition that if  such a one be a apprentice shall purloin or embezzle any thing to his master  damage that then he shall make it good the breach assign be that he do  embezzle and purloin two hundred pound upon this issue be join a verdict give  for the plaintiff and judgement accord modern report now upon error bring it  be insist that the breach be not well assign for the condition of the bind tie  it up to such purloin as shall be to the damage of the master the plaintiff in  the original action shall have aver that this be a purloin to the damage of  the master but the whole court think the judgement of the court of common plea  be well give for the word purloin and embezzle be always take in a have sense  and ex way termini import damage to the master and what appear plain needs not  be aver accord to that maxim of law quod constat clare non debet verify the  judgement be affirm nisi a see Bache v proctor dougl Jones v William dougl a  modern report er p
case Thornton against kemp Hilary term Elizabeth roll on a assumpsit in  consideration that the plaintiff will abate part of a debt it be not  sufficient to say he do abate without show bow Jnte yely cro James hob stram  Com dig Assumpsil whereas I S be indebt unto he in l and in consideration that  the plaintiff will abate l of that debt and forbear the l residue until  Michaelmas next ensue he assume to pay the say l at Michaelmas to the  plaintiff if the say I S do not pay it a and allege in fact that he abate l of  the say debt and forbear the say l until Michaelmas then follow whereupon he  bring his action the defendant plead that after this promise and before a by  car c where a man undertake to answer for the debt of another no action shall  he bring unless some note or memorandum of it shall he make in write and sign  by the party to he charge therewith Cowp croak Elizabeth er p Michaelmas the  plaintiff levy a plaint in London against l s for this debt and cause he to he  arrest thereupon upon this plea the plaintiff demurrer first because he allege  that he abate l and do not show how so as the court may take conusance whether  it be a sufficient discharge and of that opinion be the whole court vide  Edward pl Edward bar or second because it now appear by the defendant plea  which the plaintiff have confess by the demurrer that the plaintiff have not  forbear he for when he sue he it be not any forbearance gawdy and Popham hold  it to he well enough for he have forbear he the payment and the promiser not  that he shall forbear from sue he Fenner and Clench contra for it be in vain  to forbear he the payment when he do not forbear to sue he for it and this be  the intent of the assumpsit that he Pshould not he molest for it before  Michaelmas c
case Thornton against lyster in a action of assault and battery lie on saint  August and a justification of son assault on the same day the plaintiff may  give evidence of a assault on the that July precede for the day be not  material ante roll ab dyer   light b Brownl bull n p to assault lie that  August and plea of son assault on d July a replication that the assault intend  be on that July be a departure in plead the court will not advice a special  verdict in a clear case trespass of assault battery and wound on the first of  August car the defendant justify in his own defence by reason of a assault mad  by the plaintiff and issue join thereupon the defendant give in evidence  assault and battery by the plaintiff on the second day of July car before and  that it be in his own defence and produce diverse witness to prove it the  plaintiff show that the battery which he intend be on the nine day of July car  and produce also diverse witness to prove that Littleton the king solicitor  and other of counsel with the defendant insist that it be no evidence for the  plaintiff ought to have make a special replication and show that special  matter croak car but all the court hold it be not requisite and if another day  have be show in the replication it shall be a departure but it suffice to show  it in evidence to be do at another day sans son assault for the day be not  material Jones say if they have both agree upon one day it shall have be  special a Jones more burr ld raym side salk Carth b cro James c see car c  croak car er p plead but Brampston hold it be all one and as it be now plead  to be at several day it be clear unnecessary the solicitor urge that it shall  be find special but the court say it be so clear they will not have it so find  and the jury give one hundred pound damage a
case thorowgood and jaques against collins a devise to two and their heir part  and part alike create a tenancy in common and not a joint estate hetley dyer    light b cro James cro Elizabeth Leon   b more roll and Com dig atk vezey burr  see the case of fisher v Wigg peer wms and Bac Abr Cowp term Rep trespass upon  demurrer the case be that one dobson devise the land in question to the two  plaintiff and to four other person habendum to they their heir and assign in  continuous et quod the dawn all men to have comrade et similar things parten  England part and partlike and every of they to have as much as the other the  question be whether this be a jointtenancy or tenancy in common the defendant  claim by devise under one of the devisees and without argument it be adjudge  that by reason of these word part and partlike and be devise to they their  heir and assign and be in a will it be a tenancy in common and not a  jointtenancy and that the defendant have good title wherefore it be adjudge  for the defendant croak car er p
case thou against bacon easter term Elizabeth roll the justification of damage  pheasant in trover without confess conversion be have and amount to the  general issue Ant hob action upon the case upon trover and conversion of good  the defendant justify the take of they damage feasaut without hoc he convert  they aliter well elsewhere modus and it be thereupon demurrer in law for the  traverse be not good because he confess do any conversion the plea also amount  to a non culp Wherefore without argument it be adjudge for the plaintiff
case though Cookson and Anna ur against io CASTLINE husband and wife may join  in trespass for enter their land and take load of hay ind provdnient post vent  ld will salk dougl trespass for enter upon their land et herban Self though  Ann adtunc ibidem to come into being to reap leg of meat in ftenum to bring  together twenty carucatas foeni ind provenient croak Elizabeth er p to take in  hand to carry away upon not guilty plead and find for the plaintiff it be  allege in arrest of judgement that the action do not lie for baron and feme of  the twenty load of hay take c for it be a chhttel sever from the inheritance  and vest in the baron for which the feme shall not join with he in the action  but the clear opinion of the court be that they may well join for as they may  join in trespass de clausofracto and cut their grass so they may join for the  bay come off it and it be so adjudge and the like judgement be g lven this  term hetween Wilkes and his wife against Derby but Wray c j say if it be for  take twenty load of hay but say not ind prevenient it be otherwise for it may  be intend of bay lie upon the land before for which they can join
case though smith against smith door can be break open in the night for any  cause except treason or felony nor can the spiritual court by any process  arrest the person without a ex can pursuant to Elizabeth c hale Cowp dougl  foster prohibition the case be that the wife of one stock be excommunicate for  adultery before the high commissioner whereupon they send out a pursuivant  with letter missive to apprehend her and bring her before they by colour  whereof he croak Elizabeth with the constable in the night break open the  house where the woman be Whelther it be justifiable be the question and all  the court hold clear that it be not for neither upon a ewpias excommunicate  nor for any other cause unless for felony or treason be it lawful for any to  break a house in the night as also for another cause the whole court hold that  it be not justifiable for they of the spi itual court by reason of  excommunication or by reason of any other matter be not to meddle with the  person of any man or to send any process to have the body before they and  therefore if any for any cause whatsoever he excommunicate and so continue in  contumacy for forty day they ought to certify it into the chancery and from  thence to have a excommunicate to take in hand but they of themselves catirwt  award any process to take he and if they may the writ of excommunicate to take  in hand shall he vain a and the statute of Elizabeth c which give the  authority to the high commissioner do not alter the law in this point for that  ordain only that their proceed shall he accord to the spiritual law which be  no otherwise than as before be express wherefore c
case thynn versus Duvall die March novembris in court lord commissioner the  bill be to redeem or foreclose it be object that the defendant be only tenant  for life of the equity of redemption and the remaindermen over be not make  party court direct a bill to be bring by the defendant Duvall Vernon chancery  case to have a sale make the mortgagedebt pay and the surplus distribute among  the tenant for life and remaindermen in proportion accord to their respective  interest
case TIBLETHORPE against hunt Hilary term Elizabeth roll a payment in good  instead of money be no discharge of a bind unless the oblige acceptance be  special plead ante debt on a bind of l for payment of l the defendant plead  payment at the day and upon this they be at issue the jury find payment of  fifty shilling parcel of it and that the defendant then deliver to the  plaintiff certain hat to the value of the residue which he accept and it be  adjudge against the defendant for this be no payment but he may have plead  this matter special and then the acceptance of the plaintiff have been a bar
case tiler against BENDLOWE a declaration in assumpsit upon a imply promise be  good though in consideration ind be omit Indebitatus assumpsit but in  consideration ind leave out and hold well enough for it be well allege that he  be indebt the law raise the promise and they can not but intend it to be in  consideration of that debt for it be say that be so indebt he do afterward  assume upon himself but the venire facias be duodecen c whereas thirteen  person be swear and hold nought and for this error judgement be reverse
case tiler against wall in trespass justification by a warrant need not answer  or traverse the day lie if it aver it to be the same trespass but a confession  and avoidance of the plea by allege a subsequent trespass be a departure from  the declaration post bro tres sand side Bulst Freem Lutw Jones lev Ra Com dig  Bac ab bull n p term Rep h Bl Rep c b trespass of assault battery and  imprisonment ultimo die of the eighth month sexto caroli at wither and carry  he to Tiverton and detain he in prison for two day the defendant ustifies  because August car a writ of supplicavit de good movement of the limbs issue  out of chancery and by a warrant from the sheriff to the defendant be his  bailiff he arrest the plaintiff the twentyfirst of September and detain by two  day and carry he to Tiverton and deliver he to the sheriff which be the same  arrest detention and imprisonment c the plaintiff reply and confess the writ  warranty and arrest the twentyfirst of Septmber and imprisonment for two year  as the defendant have allege but show the the afterward find surety before the  sheriff accord to the writ and be discharge and that the defendant postea  videlicet prediction primo of the eighth month sexto caroli assault and  imprison he de son tort demesne et hoc c and upon this the defendant demurrer  Hutchins for the plaintiff now move that the plea in bar be not good because  be do not answer the time in the declaration videlicet ultimo of the eighth  month neither by answer nor by traverse but Grimston for the defendant argue  that the justification be of a act in the same county and justify all the time  in the declaration although it do not agree with it in the day but conclude  who be eaden transgression c be good enough the day not be material and all  the court be of the same opinion and also conceive that the replication be not  good vary from the day in his declaration and be a departure therefrom croak  car er p
case tilley ux versus bridge all November Eq can ab pl pre Ch S c a person be  entitle to mesne profit but from the time of his entry a injunction do not  prevent a entry on a appeal from the roll the question be whether the  plaintiff be entitle to relief for mesne profit receive by the defendant while  a cause be pen in this court and the defendant have a injunction Lord keeper  not entitle to profit but from the time of entry if the plaintiff enter he may  recover at law the injunction do not prevent a entry what be say in Vernon as  to the injunction not prevent the entry certain can be right Dict per master  of the roll Curtis v Curtis bro Ch Rep and dismiss the bill so unless in the  cause of a trust or a infant the principal case pre Ch ub sup Hutton v son  post et vide Bennet v Whitehead p wms Reynolds v Jones S S it appear that in  the principal case a order have be obtain by the plaintiff that October in a  former cause for a receiver and that defendant have receive the rend contrary  to that order but it be urge that if so the plaintiff may have prosecute for  the breach of that order on the foot of the old cause and not have bring a  original bill touch the same and the decree on rehear as above but without  cost unless the plaintiff trouble the defendant then to pay cost Reg lib b fol  et vide Reg lib b fol enter Tilly v lady lee Vernon chancery case er p
case Tillotson versus Ganson there be mere a order to discharge the order of  election in the register minutebook novembris in court Lord chancellor  plaintiff be not bind to make his election till defendant have answer upon a  motion a order for a man to make his election whether he will proceed here or  at law be discharge as be irregular for that it be obtain before the defendant  have answered So if defendant plead statute of limitation plaintiff not bind  to elect till plea argue Vaughan v Welsh mose so as to plea in bar anon ibidem  Jones v Strafford p wms fisher v I mere when plaintiff suffer his bill in this  court to be dismiss on election to proceed at law and then miscarry there he  may resort hither again in regard a dismission upon a election be no more  peremptory than a nonsuit at law lady Plymouth v Bladon post vol p
case tilly versus bridge Eq Abr pl vern S c different state Eq Abr S c post my  Lord keeper be of opinion in this case that when one have title to the  possession of land and make a entry whereby he become entitle to recover  damage at law for the time the possession be detain from he after such entry  he shall not turn that action at law into a suit of equity and bring a bill  for a account of the profit except in case of a infant wms or some other very  particular circumstance precedent in chancery er p
case timber against gardener assumpsit action upon the case action upon the  case for several promise the defendant plead that be give the plaintiff such a  quantity of c and the plaintiff accept it in full satisfaction of the say  promise the plaintiff demurrer and defendant join in demurrer it be insist for  the plaintiff that the defendant plea be nought because it be not say that the  defendant give it in satisfaction   Rep the court if the defendant give it  with one intention and the plaintiff accept it with another the intention of  the donor must prevail but the question here be whether the word full  satisfaction shall not as well relate to the verb give as the verb accept  especial because of the conjunction et which seem to difference it from the  case mention Adjournatur
case Tinney v Tinney November see dyke v Rendall de g m g a husband in his  lifetime give a bind in trust to secure to his wife pound in case she survive  parole evidence to show it be intend at the time in lieu of dower and that the  wife acknowledge it to be so capnot be allow be within the statute of fraud  and perjury a bill be bring for dower the defendant the heir at law insist  that the husband in his lifetime give a bind in a certain penalty in trust to  secure to his wife pound in case she survive and that it be intend at the time  in lieu of dower and that she acknowledge it to be so and offer to read  evidence of her acknowledgement Lord chancellor l be of opinion that parole  evidence can be allow in this case be within the statute of fraud and perjury  and that a general provision for a wife be not a bar of dower unless express  to be so Reg lib b fol in the case of Laurence v Laurence e j ab SC vide the  case cite in the note to Galton v Hancock ante vol Lord summer hold a devise  of land general to the wife to be in bar of dower it go up afterward to the  house of lord and the decree be reverse in the case of vizard v Longdale Geo  cite Ves Jun sir Joseph Jekyll hold the word in a bind to secure a sum of  money for her livelihood and maintenance be no bar of dower Lord chancellor  king be of opinion that it be a bar of dower and say it be within the equity  of the saint of Henry of jointure and therefore reverse sir Joseph jekyll  decree Ves SC vide etian walker v walker Ves ware v ware Amb atkins er p
case tippet against hawkey in covenant if the interest of the party be several  each must bring a several action Yelv skin   Leon cro Elizabeth Sho more stram  Mod ld ray Com dig pleader v term Rep term Rep tippet the elder and his son  covenant with John hawkey to sell and convey land to he free from all  encumbrance and that they will levy a fine c and deliver up write item it be  agree between the party that the say hawkey shall pay to tippet the young so  much money c the action be bring in the name of both upon a demurrer to the  declaration it be hold ill for the duty be vest in tippet the young and he  only ought to have bring this action judgement for the defendant
case Tisdale against hedington a action do not lie for maintenance in the  spiritual court Noy hawk c S action upon the statute of maintenance for  maintain a suit in the spiritual court Warherton move that this action lie not  for the statute of I Richard c whereupon this action be find be to he intend  only of maintain suit in the court of commonlaw and upon view of the statute  the whole court be of that opinion and will he to demurrer draw rememhered a  case in the court in easter term Elizabeth Constantine v barn whereupon it be  rule that no action lie for maintain a suit in the spiritual court
case TISDALES case on a promise to discharge a judgement recover at Michaelmas  in consideration that the plaintiff will forbear execution until octabis mich  a assumpsit will lie after mich and before octabis mich ante assumpsit the  case be that Tisdale administrator have a judgement against he for a debt of  the intestate and promise to the recoverer thereof in consideration that he  will forbear croak Elizabeth to sue execution against he until octabis mich  that he will pay unto he the sum recover at Mic haelmas and at Micbaelmds he  fail of payment and after and before octab mich he bring a assumpsit and this  mat W be show to the court it be move first that this consideration be not  sufficient to maintain the action for the forbearance betwixt Michaelmas and  odabis mich be void the court hold it to he well enough for if part of the  consideration be good it suffice and he ought to allege performance of that  part of the consideration which be material and valuable but where a  consideraion consist of two or three part and every one of they be valuable  there of necessity he ought to show performance of every part thereof they  also hold that the consideration to forbear to sue execution for a time  certain be good cause to ground that action but it have be adjudge that a  consideration to forbear little tem be born be void p S for it be not certain  and little time be not time pars and the suit after Michaelmas before octabis  be well because the assumpsit be not perform by the nonpayment at Michaelmas  but of that be the great doubt croak Elizabeth er p
case tissard against WARCUP on assumpsit for money lie out and expend evidence  that it be to be pay out of the first profit be a fatal v ariance Indebitatus  assumpsit for seven hundred and fifty pound lie out by the plaintiff for the  use of the defendant upon non assumpsit plead there be a trial at the bar the  evidence be that the defendant and another now decease farm the excise that  the money be lie out by the plaintiff on the behalf of the defendant and his  partner and that the defendant promise to repay the money out of the first  profit be receive modern the whole court be of opinion that this action will  not lie first two partner be concern the action can be bring against one alone  a he ought in this case to have set out the death of the other b but if  judgement he have against one the good in partnership may be take in execution  c second the promise here be not to pay the money absolute but sub modus so  that the evidence do not maintain the action d and the plaintiff be nonsuit
case TITTENSON versus peat July a award be make by judge of the party own  choose be final unless there be collusion or gross misbehaviour in the  arbitrator a defendant be not oblige to set out the account between he and the  plaintiff after a award in his favour relate to that account for a plea of a  award be good not only to the merit but to the discovery the defendant plead a  award Lord chancellor the only ground to impeach a award be collusion or gross  misbehaviour in arbitrator see pit v Dawkra cite in earl v Stocker vern smith  v Coryton ibidem Harris v Mitchel ibidem Burton v knight ibidem Metcalfe v  Ives atk anon atk Chicot v Lequesne Ves for otherwise be make by the judge of  the party own choose see medcalfe v atkins er p Ives ante atk it be final and  bind upon all the party or no person will ever accept of be arbitrator a plea  of a award be not only good to the merit of the case but to the discovery for  a defendant to the bill be not oblige to set out the whole account between he  and the plaintiff after atkins a award in his favour in relation to that very  account for that be conclusive to all the party till a error be show in take  the account or partiality and improper behaviour in the arbitrator and if any  particular error be pretend the plaintiff ought to charge it with all its  circumstance nor be he preclude from prove it now if he have evidence that  will amount to it one objection have be make that the arbitrator do not give  sufficient notice of the time they intend to meet or the particular place at  which the be to meet they be not bind to do it and therefore no objection of  that kind be material Lord Hardwicke allow the plea
case to burn against WICKETT easter term will roll if a defendant plead a  misnomer by attorney it be good cause of demurrer S c Carth S c ld ray in a  action of false imprisonment the defendant plead misnomer in abatement by  attorney the plaintiff demurrer and exception be take to the plea because  misnomer can be plead by attorney for he have put in his warrant of attorney  in the name by which they declare against modern report he he shall be  estopped by his warrant to say that he be know by another name a holt chief  justice be of opinion that this be good cause to refuse the plea but not cause  of demurrer it be no error in the court to admit one by attorney that ought  not and as to the estoppel he say that the entry of it on the roll be not the  warrant of attorney but only a memorandum of it which be introduce by wright  chief justice in king James the second time for before they be on a roll by  themselves and so they ought to be still and upon conference with the rest of  the justice judgement be give quid bill a empty et per gold justice if the  plaintiff will take advantage of the estoppel by the warrant of attorney he  ought to have reply to it and rely on it b
case TODDARD against MIDDLETON easter term will roll on a covenant to pay for  coal ship on the river tine a breach that they be ship at tinmouth must show  that tinmouth be on the river tine a action of covenant be bring upon the  penalty of certain article wherein the defendant have agree to pay so much a  chaldron for all coal load either at Newcastle or upon the river tine and  bring to London and the breach assign be that the coal be load on such a ship  infra portun de tinmouth videlicet at north shield and bring from thence to  London to this declaration the defendant demurrer because it do not appear  that tinmouth be upon the river tine and so the breach be not well assign and  the court can take notice judicial that tinmouth be upon that river and for  this reason they incline against the plaintiff but give he leave to  discontinue upon payment of cost
case TOLHURST against BRICKINDEN Trinity term James roll a assumpsit will not  lie on a promise to pay infra breve time post cro car Bulst   assumpsit  whereas he be in communication with the defendant to buy two fat ox and  promise to pay for they infra breve time seventeen pound that the defendant  thereupon assume to deliver they to he and show that within fourteen day he  pay nine pound and be ready to have pay the residue and that the defendant  deliver to he one of the ox but will not deliver the other upon non assumpsit  plead and find for the plaintiff it be move in arrest of judgement that the  promise to pay infra breve time be uncertain and be not any consideration at  all and the other thereupon be not bind to keep his ox for he but may sell  they to any other and although he offer to pay within fourteen day that be not  material and of that opinion be all the court for breve time be uncertain and  non constat what time it be and if there be any certainty it ought to be such  a time only as he may have and fetch his money and the other be not bind to  attend he any long time wherefore the declaration that he return within  fourteen day and tender the money be not material whereupon it be adjudge for  the defendant
case toller versus Carteret follow paget v ede l r Eq in re hawthorn Graham v  Massey Ch d Cf pen v Lord Baltimore Ves sen wh t l c Edward may Eq can ab pl S  c bill that defendant may redeem a mortgage of the island of sarke or be  foreclose defendant plead to the jurisdiction of the court that the island be  part of the duchy of Normandy and have law of their own and be under the  jurisdiction of the court of Guernsey plea overrule because the mortgage be of  the whole island and for that the defendant be serve here for knight stir  about in mask sir Philip Carteret owner of the island of sarke make a mortgage  thereof to one willow the plaintiff intestate for five hundred year for pound  Vernon chancery case the bill be that the defendant may redeem or be foreclose  Vernon chancery case er p the defendant plead to the jurisdiction of the court  that the island of sarke be part of the duchy of Normandy and have law of  their own and be under the jurisdiction of the court of Guernsey and not  within the jurisdiction of the court of chancery and cite Inst Anderson Rep  kelloway Lord keeper overrule the plea because the grant be of the whole  island and second that the court of chancery have also a jurisdiction the  defendant be serve with the process here et be able stir about in mask which  be another answer to the objection that may there be mere a entry of plea  overrule Reg lib b fol vide as to the jurisdiction of this court over land c  in the plantation colony and other foreign dependency Arglasse v Muschamp ante  vol p
case TOLLETS case S c Eq Cas Abr p wms at the roll post Cas if a will be sign  seal and deliver only it shall operate as a will and not as a deed one have a  power to make a jointure by deed under hand and seal he execute it by will  this be a good execution in equity in favour of a wife vern vern Chan Cas Nels  Fol Rep in canc Chan Cas cart Ventr Mr to lift have a power to settle a  jointure on any wife by deed execute under his hand and seal he make a will  and take notice of his power bequeathe certain land to his wife for life in  execution of his power the master of the roll allow the husband have not legal  execute his power because he have settle the land by will and not by deed  which be a instrument that take effect in the life of the party and be as well  know and take notice of by the law as a fine or recovery and that where a will  be sign seal and deliver only it have be adjudge that it shall pass as a will  and not as a deed but that this be a defective execution of his power which  ought to be make good in equity in favour of a wife or child and that though  it be a bad will it will operate as a appointment and decree accord though  this be a voluntary devise to the wife after marriage and she bring no fortune  uvoodward versus Halsey Nels vo Rep in can a have a power to revoke by deed  which he execute by will but not in favour of a wife or child the master of  the roll adjudge this to be a revocation but the decree be reverse per king  Lord chancellor hob sup to Wentw
case Tolson against clerk Trinity term car roll a promise in consideration  that the plaintiff will to some place tempore forbear will not support a  assumpsit ante roll ab cro James side hob cro Elizabeth Cora dig error of a  judgement in the common plea in assumpsit the plaintiff declare whereas the  defendant be indebt to he in such a sum that in consideration the croak car er  p plaintiff will to some place tempore forbear he he promise to pay c and  allege that he forbear for a year or more and that the defendant have not yet  pay c after verdict upon non assumpsit and judgement for the plaintiff it be  assign for error by Grimston and so hold to be error that to some place  tempore be so short a time that it be no consideration no more than per little  time wherefore for this cause the judgement be reverse
case Tomlins against brett a writ of error will not lie after a inquest take  on default Jones roll ab salk strange term Rep term Rep error of a judgement  in the common plea in formedon in descender where the tenant vouch John style  and the demandant counterpleads that the say John style or any of his ancestor  c never some in property c omit the word to have and issue be join and nisi  prius award at the day of the nisi a day v savage Hobart croak car er p prius  the defendant make default and at the day in banc he make another default  whereupon a grand cape be award and judgement give and now error bring because  there be no issue join by the tenant but the court will not allow thereof but  affirm the judgement for after the default the issue and the plead be out of  the court and the judgement be only upon the default
case Tomlinson against freeman prohibition after sentence prohibition grant  after sentence and appeal it appear upon the libel itself that the cause be  out of their jurisdiction a
case toms against llhoyd where judgement be for the defendant in a plea in  abatement he shall not have cost S c ld ray S c comb S c salk a action on the  case for money receive to the plaintiff use the defendant plead his privilege  in the exchequer whereon the plaintiff demurrer and judgement for the  defendant who pray cost by virtue of will c whereby it be enact that for  prevent frivolous and vexatious suit if on any demurrer judgement shall be  give against the plaintiff the defendant shall have judgement to recover his  modern report cost but the court be of opinion that judgement on demurrer upon  a plea in abatement for the defendant be not within this Act the intent of the  Act be only to give the defendant cost where the plaintiff shall have have it  if judgement have be give for he now if the plaintiff have judgement on  demurrer in a plea in abatement he have then no cost though there be some  consideration thereof at the end of the cause in cost beside the intent of the  Act be to prevent frivolous and vexatious suit and on judgement for the  defendant on a plea in abatement it do not appear to the court that the action  be either frivolous or vexatious so that it must be understand of a demurrer  where there be a judgement final modern report er p
case Tooley against Windham SC Leon see TVade v Simeon d c b Phillips v  Homfrayq Ch d the promise of a heir in consideration of forbearance of a suit  in chancery to which he be not liable will not support a assumpsit ante post I  roll Abr more Leon yely Bulst strange assumpsit for that there be controversy  hetween he and the defendant for the profit of certain land which the father  of the defendant have take in his lifetime and that he have purchase a writ  out of chancery against the defendant to the intent to exhibit a bill against  he upon the return of the writ for the say profit the defendant in  consideration he shall surcease his suit promise to he that if he can prove  that his father have take the profit or have the possession of the say land  under the title of the father of the plaintiff that he will pay he for the  profit of the say land and say infado that he have prove that the father of  the defendant have take the profit croak Elizabeth under the title of the  father of the plaintiff and upon non assumpsit it be find for the plaintiff  coke this be no consideration for the suit in chancery be unjust and then the  stay of it be no good consideration and he show not how the father of the  defendant do hold it videlicet by lease or otherwise curian it be no  consideration for if the father of the defendant do take the profit it be not  reason his son shall answer for they and so the suit in chancery unjust and  the stay of it no good consideration but if the suit have been for evidence or  otherwise the stay of it have be a good consideration but here it be for a  personal tort for which neither the executor or heir be to answer and Trinity  term Elizabeth it be move again all the court hold it no good consideration  for he do not allege he be heir or executor and so have no colour to charge he  and if it have been so allege yet no cause to charge he for a personal tort  and it be adjudge for the defendant
case toose and his wife against saint to say that a kill b be actionable post  hob Cowp action for word for that the defendant speak of one Alice Dunscombe  widow concern the death of her husband say Tooses wife innuendo the plaintiff  kill your husband innuendo John Dunscombe her husband late dead a say vide  Yelv lev salk gilbert tenor Bulf n p term Rep croak James er p after verdict  it be move in arrest of judgement that these word be not actionable for she be  not accuse thereby of felony for she may kill he by physic or by other mean  and a precedent be show in the common plea where it be adjudge that for these  word thou have kill I S a action lie not for I S may come to his death and the  other peradventure be the mean thereof by execution battle physic or otherwise  wherefore the word be too general to maintain a action but the court here  resolve that this action well lie for it shall be intend he speak they in the  worst part and in slander of the plaintiff wherefore it be adjudge accord note  between the same party another action be bring because he say Tooses wife be a  witch without further word and adjudge maintainable
case TOPSALL against Edward in a action for word and cause he to be imprison  the plaintiff shall have cost though the damage be under S ante post stram ld  raym Com dig Carth dougl action on the case for word for call he thief and for  procure he to be indict and imprison for felony until he be acquit upon not  guilty plead and find for the plaintiff and ten shilling damage so under forty  shilling it be move upon the James c which appoint that in action for word  where the damage be assess under forty shilling that he shall have no more  cost than damage that he shall have but ten shilling for cost but the court  conceive forasmuch as this be not a action for word only but also a action  upon the case in nature of a conspiracy and the defendant be find guilty of  both he shall have judgement for his ordinary cost and that it be out of the  statute
case torles case person commit by the high Commission court for disobey their  order bail by the king bench ante Inst torle and four other of the parish of  saint Bartholomew be bring to the bar by habeas corpora and by the return it  appear that they be commit to a messenger for contempt to the ecclesiastical  commissioner a for not perform of their order in pay the parishclerk his wage  rate by their order at fourpence the quarter for every house in great saint  Bartholomew which they refuse to pay but accord to their custom as they be  rate by their churchwarden and vestry dr Merrick and dr Ecleston now move that  they shall be remand for they say this order be ground upon the king letter  patent wherein it be provide that the clerk shall gather and receive their  wage as shall be order by the high commissioner and pretend that for any  contempt they may fine and imprison but upon this return they be bail until  the first Tuesday next term
case tosen against skipper suit in the spiritual court for call a woman whore  in London prohibit libel in the spiritual court for call a woman a whore and a  prohibition be move for upon a suggestion of the custom of London to punish  whore and that the word be speak in London and it be grant and it be say that  the way of proceed against whore in London be by information in the mayor  court a
case toss against Tomkins Trinity term Elizabeth roll a discontinuance can be  commit by a tenant in tail who have never be seize by force of the entail post    light and Leon iron will Rep Com dig Cowper I t Rep the case upon special  verdict be there be grandfather father and n th e grandfather tenant for life  the remainder to the father in tail the grandfather make a feoff to the use of  himself for life remainder to the father in fee then the grandfather and  father feoff the defendant the question be if this be a discontinuance coke  for the plaintiff and Godfrey for the defendant gawdy and schute hold  it clearl a discontinuance for when the father in remainder enter to make a  feoff he be remit by reason of the forfeiture commit before and by this have  gain the possession and it be only his feoff and so a discontinuance for b  that can have possession Clench contra for the intent of his entry be to join  with the other and his intent appear the his and the grand fathers estate  shall pass together and this ex lain it that he will not enter for forfeiture  and so be no discontinuance et adjournal absent Wray
case TOULSON versus grout march Eq can ab pl S c a legacy give to a bankrupt  before his bankruptcy may be assign by the commissioner William Dawson have  devise a legacy of pound to his son Payable at twentyone for which he have  obtain a decree and pound report due before he receive the money he become a  bankrupt and the commissioner assign the legacy and benefit of the decree the  bill be by the assignee to have the benefit of the Vernon chancery case decree  to which the defendant the executor demurrer insist that a legacy be not  within the compass or provision of any of the act make against bankrupt to be  assign to the creditor but the demurrer be overrule and say that the Act of  parliament ought to be take in the most beneficial sense for the advantage of  the creditor vide tudway v bourn burr and as to the nature and extent of the  interest that vest in the assignee of a bankrupt vide cook bank law vol et seq  cologne et seq and see ex part ansell Ves Vernon chancery case er p Vernon  chancery case de term S paschae in curian porter
case tower versus more Cf Richardson v Horton Bea v moon die April devise of  land not to be explain by parole proof touch the declaration of the testator  or the instruction give by testator for the make his will parole proof shall  be admit to explain a surrender of copyhold land to show a mistake either in  the land or use the plaintiff endeavour to have the will explain by deposition  of witness touch what the testator declare and the instruction he give for the  draw of his will vide fane v fane ante vol p and case there refer to and even  before the stat of fraud where a will be in write no collateral proof by paper  or word can be admit per cur devise concern land must be in write and we can  go against the act of parliament but in case of a surrender make by a steward  of a copyhold if there be any mistake there that be only matter of fact and  the court at law will in that case admit a averment that there be a mistake c  either as to the land or use hill ux v Wiggett post bertie v Falkland salk  wade v Bache sand where a demise be make of land render rend though the lease  be lose or mislay the landlord may sue Vernon chancery case for the rend and  declare on a demise in general without say it be a lease in write and so you  may in all case where it be not a thing that lie in grant c where two be joint  bind and one die you must sue the survivor and can maintain a action against  the executor or administrator of he that be dead but if bind joint and several  it be otherwise where two employ workman to build and one die Qure whether  this be such a joint contract that you can sue the executor or administrator  of he that be dead there be mere a entry of dismissal without cost Reg lib b  fol
case Townley against CHALENOR in the chancery trustee shall only be answerable  for the money they respective receive S C bridge Hardres salk Prec in Ch atk  peer wms vern Bac Abr see the case sadler v Hobbs Geo brown Ch Rep and Bartlet  v Hudson I term Rep upon a bill of review to reverse a decree there the Lord  keeper require the assistance of justice Jones by who the decree be make and  of justice Hutton justice Berkley justice Crawley and myself the case be that  Thomas foster and Townley be assignee in trust of a lease to the benefit of  Chaloner a infant Thomas foster take all the profit and be in arrear upon  account l and be unable to satisfy the question be whether Townley agree to  this assignment by seal the counterpart thereof and join with foster in  acquittance of the rend for a year and half but never more meddle shall be  charge only for that wherein he have join in the acquittance or for all the  residue and it be resolve that Townley be but a party entrust shall not be  answerable for more than come to his band for it be the default of he who put  they in trust to repose trust in one who be not able to pay and he be the  party trust as well as Townley Townley shall not be compellable to satisfy his  defect wherefore it be resolve that that part of the decree whereby he be  charge to pay what Thomas foster can not ought to be reverse croak car er p
case townsend against the assignee and several commissioner OF bankruptcy  barrister at law be join with another have no privilege to change the venue a  motion be make to change the venue from Worcestershire to London or Middlesex  for that there will be a very great inconvenience to carry down all the  proceed of the commissioner beside one of they be a barrister at law and two  other be atorneys and it be the constant rule of this court to allow they to  change the venue in all transitory action either to London or Middlesex and  the rather in this case because all the assignee and commissioner be make  defendant and the only evidence which can be against they be what they have do  as commissioner here the counsel for the plaintiff allow the commission to be  good and the proceed under it but that the fact on which this action be find  be do in Worcestershire which be the take the plaintiff good and the privilege  of a counsellor or attorney be never carry far than when they be concern in  the action in their own right for where another be join with they that  privilege be never allow beside the bankrupt himself live in Worcestershire  the court will not change the venue because the plaintiff oblige himself to  give evidence only of such matter as happen in Worcestershire and when another  be join in a suit with a counsellor at law or that it be in auter law he have  no such privilege as to change a venue
case Townshend against wale Trinity or Hilary term Elizabeth roll a man seize  of land in possession and reversion devise to three executor for year and  after to he sell one of they die the reversion fall in a sale of both estate  by the two survive executor be good ante Owen and more Powi l on Dev Cowp ante  upon a special verdict the case be a man seize of land in possession and of  other land in reversion upon a estate for life devise by his will in write  that his executor shall croak Elizabeth have all his land free andcustomary in  d for ten year to perform his will and the will of his father with the profit  thereof and that after the ten year his executor or any of they shall sell it  for the payment of his debt he make three executor and die the one die the ten  year expire the tenan for life die the two survive executor sell the land c  spurling this sale be not good first the reversion of the estate for life pass  not because he have other land there to satisfy the word and it be not his  intent to pass it because there be not any profit to he take thereby second  the sale by two executor be not good for it ought to have be by all or by the  one of they only but the court resolve to the contrar in both wherefore it be  adjudge accord
case Townshend bee versus Windham and Robinson distinguish Ogle v Morgan de g  m g follow Thrupp v Collett No Bea v Eq can ab pl S c a devise a year wage to  such of his servant as shall be live with he at his death steward of court or  such as be not oblige to spend their whole time with their master be not  within the word of this devise but it shall not be restrain to such servant  only as live in the testator house or have diet from he the duke of Bolton by  his will devise in these word videlicet item I give and bequeathe unto such of  my servant as shall be live with I at the time of my death one year wage  Vernon chancery case Lord keeper steward of court and such who be not oblige  to spend their whole time with their master but may also serve any other  master be not servant within the intention of the will but I will not narrow  it to such servant only that live in the testator house or have diet from he  Reg lib b fol a servant provide by a Jobmaster with the carriage and horse be  hold not entitle under a bequest to servant chilcott v Bromley Ves
case TRAHEERE who tam c against pierce a expire statute shall be revive if  clear identify although the commencement be misrecited in the revive statute  debt for the penalty for forestal a market recite the Act of and of Edward c  which be temporary and then make perpetual by Elizabeth c in these word a Act  make the twentythird January whereas in truth it be the thirty of January and  the roll be the thirty the question be whether it shall be revive be so  misname in the Act of reviver a Mod a see the marriage Act Geo c S a see the  case of poulter v Cornwall salk shower KB er p in rastal it be say to be the  twentyfourth of January in Keble it be say to be the twentythird whereas the  roll say the thirty and the Act of Elizabeth recite and revive it as make the  twentythird of January Jones Raymond and Wythens justice sander chief justice  be sick hold that it be revive the title be right and it be a beneficial law  and no other law against regrator and forestaller but that and the intent of  the lawmaker be to revive it they will not construe it void a
case traiton versus traiton Cf case collect and cite in Hodgson v Halford Ch d  novembris Lord chancellor Eq can ab d pl S c one differ with his mother settle  his mansionhouse on his brother but first take a bind from he in his sister  name that the brother shall not permit his mother to come into the house bind  set aside in equity as a unnatural bind the heir have have some difference  with his mother the jointress relate to the repair of the mansionhouse it  appear from the plead that the mother live in the house several year pay no  rend and suffer it to run to decay and that the heir fear his mother will so  continue to do after his death and to make some provision for his sister who  have no portion in case of such a event take the bind from his brother as  above state r l he settle the estate upon his brother but first take a penal  bind from he of pound penalty in the name of the defendant his sister that he  shall never suffer his mother to come into the house the bill be to be relieve  against this bind Vernon chancery case the court though the defendant insist  on the breach of the bind and that thereby a provision be intend her decree  the bind to be deliver up and cancel it be against the law of nature to  prohibit a son to cherish his mother the bind be in court be deliver in and  cancel by the register in open court and afterward deliver to the plaintiff  Reg lib fol Vernon chancery case er p
case TRANKERSLEY against Robinson a defendant can take advantage of the  statute of limitation upon the plaintiff own show but must plead it in bar or  demurrer to the declaration ante cro James lev salk Carth Com dig Cowp  assumpsit against a administrator upon a promise by the intestate suppose that  the intestate borrow of the plaintiff upon the first day of may James twenty  pound and in consideration thereof promise to repay it he upon request and  that the plaintiff upon the first of August James request the payment and he  have not pay it and that the intestate die and administration be commit to the  defendant who upon request have not pay it although he have asset upon non  assumpsit plead the verdict be find for the plaintiff ware sergeant move in  arrest of judgement that this assumpsit be make James and the breach in the  same year this action be bring too long after for by the James c of limitation  it shall be bring within six year Jones and Whitlock conceive the defendant  ought not to have the advantage of this statute unless he have plead it or  have demurrer thereupon because the statute have diverse exception so that if  it be bring after the time yet if the plaintiff be a infant or feme covert c  it be well enough but hide chief justice and I conceive forasmuch as it appear  by the plaintiff own show in his declaration that it be out of the limitation  of the statute and the statute be in the negative croak car that it shall not  be bring at all unless it be bring within the time limit by the statute  therefore the defendant shall have advantage thereof by exception without  plead whereupon the court will further advice croak car er p
case TRANSAMS case a consistory court may award cost and if the cause he  remove to the arch the process for the cost shall not he prohibit though the  issue be triable at commonlaw post Cowper prohibition the case be transam  parson of Denham sue one for tithe in the court of Norwich and one that be  parson of Stonham a parish adjoin come in for his title and say that the land  for which tithe be demand be within his parish of Stonham and not within the  parish of Denham upon this they be at issue and find for he and sentence give  for he transam appeal to the archbishop and pen the appeal cost be assess  against he in the court of Norwich accord to the Henry c and process against  he there and because the issue be triable at the commonlaw he bring a  prohibition to the court of Norwich but for thatno suit be there depend but he  have remove it before the archbishop by appeal a consultation be award for  they may well proceed for cost but if he have not remove it a prohibition have  well been grantable and he may have have it though he be party to the lihel  croak Elizabeth er p
case trantor against Duggan the grand session of Wales can sequester the  estate of a person who reside out of its jurisdiction S c ante S c comb Duggan  claim a estate within the grand session of Wales under a deed of settlement  which deed be pretend trantor have get and prefer a bill in equity for the  discovery thereof in the equityside of e grand modern report session against  trantor who live in London and serve he with a subpoena thereon trantor move  for a prohibition suggest that no man ought to be trouble by virtue of any  process there except be live within the jurisdiction of the court and that he  live in London and be serve with a subpoena there and a prohibition be grant  per curium say they will not prohibit their proceed in this court of equity  but only their proceed on any process against any live out of their  jurisdiction for else if he do not appear there they will sequester the estate  he have within their jurisdiction then it be move that trantor may have plead  this below to the jurisdiction of the court but the court say if he have live  within the locality of their jurisdiction though in a franchise or place  exempt it may have be another matter but where a man life out of the limit of  their jurisdiction it be no reason to force he to appear there to defend  himself wherefore c
case TREDYMMOCK against Perryman Michaelmas term car roll a custom to try  cause in a inferior court by six juror instead of twelve be bad roll ab keb  side see   light a note dougl error of a judgement in Cornwall in debt upon a  obligation the error assign be because the trial of the issue join there be by  six jurats only roll for the defendant move that it be not error for it be  return that he try it there by six secundum experience ibidem a tempore c  before use and the court be by prescription the trial then by the custom may  be by six and there be multitude of record in twenty several court in Cornwall  where trial may be by six by custom there use wherefore if it shall be reverse  many other shall be reverse but all the court hold that such a custom be void  and against the commonlaw and there can be a exemption of person from be juror  unless there be sufficient juror beside the person exempt to make trial and  Jones say although in some part of Wales there be such trial by six only it be  by reason of a Act of parliament of Henry c S a which croak car appoint that  such trial may be by six only where the custom have be so which prove that  when they be unite to England and to be govern by the law here such a Hilary  Elizabeth roll cro Elizabeth a by Geo c lease for three life or twentyone year  by ecclesiastical person of incorporeal hereditament which lie in grant and  not in livery be declare good a vide Geo c S croak car er p trial can not be  unless they have be so provide for by parliament whereupon the judgement be  here reverse
case Trelawney versus booth before Lord Hardwicke cite in the cause of petty  and barker June the plaintiff lend b pound on note on assurance that a aunt  have leave he by will b die soon after and his representative refuse to pay  the pound as the legacy be direct to be lie out in land and settle on b in fee  Lord Hardwicke say it be a very cruel case but as money devise to be lie out  in land be consider as land the plaintiff can have no remedy the plaintiff at  the request of Mr booth lend he pound upon a note only which he be encourage  to do on booth assure he by letter he be very safe for a aunt of his by her  will have leave he pound which the court of chancery have decree he but booth  die soon after and the representative refuse to pay the pound the bill be  bring against he for the money the defendant make it appear in the cause that  the pound be not mere as a pecuniary legacy but direct to be lie out in land  and settle upon Mr booth in fee and the decree have pursue the will Lord  chancellor be of opinion to dismiss the bill but say at the same time it be a  very cruel case and yet the plaintiff can have no relief as it be the  establish rule of the court that money devise to be lie out in land shall be  consider as land vide green v smith ante vol Guidot v Guidot post vol and  reference and therefore he can not break through it notwithstanding the  particular hardship of this case so as to let in a simple contract creditor  upon money so devise
case Trelawny versus williams stannary court a court of law but not of equity  the defendant have a tinset in the plaintiff land the plaintiff be to have a  eight part set out upon the grass videlicet the whole to be divide into eight  heap a barrow full to each heap and so round again and then to cast lot the  bill complain that the defendant have not divide into eight heap as he ought  to have do but lie the adventurer seven share or part on one heap and the  plaintiff on another and that the barrow which go to this heap be not so full  as those carry to the other heap and the plaintiff pray a account Vernon  chancery case the defendant insist that the plaintiff give leave and consent  to divide into two heap only and that if he have wrong do he he ought to have  sue in the stannary court the Lord keeper decree a account the defendant not  prove that the plaintiff agree to divide into two part only and as to the  objection that the plaintiff ought to have sue in the stannary court it be  answer that the stannary court be a court of law and not eke the county  palatine and principality of Wales who have court of equity as well as law and  yet even there to oust this court the defendant must plead to the jurisdiction  on the head of plead to the jurisdiction Vernon chancery case er p of inferior  court vide stride v little ante vol p and case cite in not there all the queen  denizen have a right to resort to her court of equity the agreement for the  tinset in this case be in write and no time be mention therein but it be agree  on both side that the same by custom of the stannary be good for tin as long  as the adventurer will work it but the plaintiff insist that as to Mundick or  to any other metal as copper c if find in the same I it be but in the nature  of a lease at will
case Tremaine versus Tremaine refer to jewin v tailor Bea v bill and answer  the cause be agree order to be take off the file by consent of plaintiff and  defendant this cause be between father and son and there have be great heat  and indecent reflection on both side in bill and answer and the matter be end  this vacation by compromise upon motion this day make in court by Mr porter  the bill and answer be take off the file by consent
case TRETHUNY against ackland Michaelmas term car roll plead S C sand S C keb  post lev lev Vaugh vent Twisden justice if a executor plead several judgement  you may reply to every one of they that they be obtain by fraud or you may  plead separalia judge c obtent per fraud but in plead separalia judge obtent  per fraud if one be find to be a true debt you be go
case TREVANIAN versus moss eoden die in court Lord keeper Eq can ab pl S c  plea of a purchase for a valuable consideration must allege seize and  possession in the vendor a plea of a purchase for a valuable consideration  overrule because the defendant do not allege seize and possession in the  person from who he buy vide lady Bodmin v Vandenbendy ante head v Egerton p  wms stride v Blackburn Ves Wallwyn v lee Ves Daniels v Davison Ves
case trevanion against tooker judgement amend a plain mistake of the clerk in  the enter up of judgement be amend in the next term by consent of the party  for who advantage the mistake be ex motion Carthew
case TREVANNIANS case a attorney grant a replevin of his own good it be ill Mr  air move for leave to file a information against one Trevannian a attorney for  assume to himself a authority of grant replevins whereby he in his own case  grant a replevin for his own good this Mr air urge to be a great misdemeanour  and that to usurp a authority as to hold a leet and summons people in and the  like be punishable by information c but the court deny the motion at first  because there be another remedy videlicet by a Fate to break in pieces this be  a poundbreach but modern report afterward they order he to show cause c note  as no undersheriff ought to practice as a common attorney so no attorney ought  to practice as undersheriff in grant replevins c
case Trevilian against lane a lease for three life make by tenant for life  remainder man in tail be no discontinuance post   a send for Cowp ejection  firm the case be Avice Trevilian tenant for life remainder in tail to Thomas  her son remainder in fee to the heir of Avice Avice and Thomas make a lease  for three life by indenture Avice die Thomas grant the reversion to b in fee  to the use of his last will and afterward devise the reversion for year and  die the three lessee for life die the devisee for year enter the heir of the  body of Thomas ousts he and he bring ejection firm the question be if the  lease for three life he a discontinuance to toll the entry of the issue draw  argue that the entry of the issue be lawful for the lease for three life be  make by deed be the lease of the tenant for life and the confirmation of  Thomas and so no discontinuance Henry comment Edward but if it have be without  deed then it have be the surrender of the tenant for life and the lease of he  in the remainder for otherwise nothing will pass from he coke contra that it  be a discontinuance for a lease for three life be more than they both can make  and so it be a tort and the reversion be gain by tort but in who the reversion  be it may be doubt but it be adjudge that it be no discontinuance ex relation  John Walter
case Trevillian against pine in replevin the be bailiff traversable S c salk  replevin the defendant make conusance as bailiff to I S the plaintiff plead  that he take the cattle de in an unjust manner svan not common with others  without hoc that he be bailiff to I S the defendant demurrer Trevor chief  justice deliver the judgement of the court that the be bailiff in replevin or  in avowry be traversable and cite dobson v Douglas a lev a bullers case b Leon  b and pain case c Leon c for otherwise a man may be twice charge for suppose  in the avowry damage be give then suppose the lord bring trespass and the  tenant plead the recovery in the replevin this shall not conclude the lord for  it will be very mischievous that the lord shall be conclude and not be able to  say that he be not his bailiff and have no authority either express or imply  he agree that the difference take in the earl of Bedford case d cro Elizabeth  d be all authority against he but the book above cite be all to the contrary  and so roll Rep also a difference betwixt trespass Yelv for enclosed space to  break in pieces and for take cattle in the one case not his freehold be a good  plea say non e turning for I may have property in the cattle bro title trav  bailiff or not bailiff may be give in evidence a strong it may be plead a  agreement or consent subsequent will amount to a authority c and the whole  court agree that it be traversable modern report er p easter term the six of  queen whether in the queen bench sir John holt Knt chief justice sir John  Powell Knt sir Littleton powys Knt sir Henry gold Knt justice sir Edward  Northey Knt attorneygeneral sir Simon Harcourt Knt solicitor general
case trial on the custom OF the manor OF bray where original be evidence copy  of it be so on evidence the court say that a copy of a courtroll of a manor be  good evidence for wherever the original be evidence there a copy be Copy of a  probate be good evidence a see Mr Nolans note to the case of king v the  Hostmen of Newcastle stram a sir f l be refuse to be a witness of a custom  because be claim by it but any tenant of a manor that claim not by the custom  be a good witness
case trinity college in Cambridge against Tunstal parson of Sharinford in the  county of Leicester on a ancient annuity the successor shall he liable for  arrear in the time of his predecessor ante   light annuity by prescription for  a pension issue out of the church of S it be resolve without argument that it  lie against the incumbent as well for the arrearage due in the time of his  predecessor as in his own time for the church itself be charge in whosesoever  hand it come wherefore it be adjudge for the plaintiff
case trippet against eire in the common plea Trinity term James roll on a  submission to arbitrator with power to choose a umpire if the one they choose  refuse they may choose another SC lev c vent SC Mod debt on a bind in the  common plea condition to perform a award on the plead the case be thus  submission to two arbitrator and in case they make no award then to the award  of such umpire as they shall choose they choose I S for umpire he refuse to  intermeddle they choose another he make a award if good for on one side it be  say they have execute their authority and can make another on the other side  he be no umpire that refuse to make a award and therefore none be choose by  they but this a a SC Carth say that holt chief justice doubt but that the  three other judge incline that the plea be good as to both defendant and in SC  Carth the chief justice seem to concur with the rest of the court but see  Wallis v Savil Lutw and Isham v Hitchcock cro Elizabeth a the court hold that  the choice of the first umpire become void by his refusal and as if no  nomination have be make for insufficient act be no act in law and shower KB er  p
case tropp against HEDINGFIELD Qure whether a condition in the alternative be  break if one part become impossible by the act of God ante post   more Popb  roll ab Jones Mod Mod dougl debt upon a obligation the condition be that if I  S perform the arbitrament of I n if any he make before the Feast of easter and  if none he make if the say I S come to the guildha will in Norwich at the  Feast of Pentecost and there suffer himself to he arrest at such a suit and do  not remove himself if such suit he commence but shall answer to the action  without dela or pay to the plaintiff at the Feast of Michaelmas ten pound that  then c the defendant plead that no arbitrament be make before the Feast of  easter that I S die before Pentecost and answer nothing to the residue of the  condition the question be if it be a good plea and the justice upon the first  croak Elizabeth motion conceive it be because that by the act of God he be  deprive of his appearance and so his bind be save although he pay not the ten  pound for he have election to do the one or the other but they will advice
case tross against Michael the garnishee may plead nothing dehet without say  he have no good and judgement can be for cost but it must discharge the  garnishee post SC Leon Edward b Jones Com dig error of a judgement in Exeter  against the plaintiff upon a foreign attachment where a suit hefnz by Michael  against lHore the say Hore be return nothing and it be surmise than the say  Tross have certain money in his hand due to Hore whereupon accord to the  custom there this money be attach in the hand of Tross Tross come and plead  nothing dehet to Hore and upon this Michael do demurrer and adjudge for he  because he ought to have plead that he owe nothing to Hore nor have any money  in his hand due to Hore and upon this Tross bring a writ of error first error  because it be a good plea and the plaintiff be to he bar and not to recover  and so be the common plead in London for if it he no debt it be not attachable  but it be answer that it be no plea for he may have moan in his brand which be  attachable and yet no debt as if he have money to keep or if he find the money  of Hore or otherwise and therefore he ought to answer to every intent and not  to one intent only but gawdy say it be good to a common intent and so be the  custom of London second hecad see Michael have judgement to recover cost  against Tross which be not recoverable upon a foreign attachment three because  no judgement be give that Tross shall he discharge against Hore and the  judgement be reverse principal for the first error
case trot versus vernon ante Eq Abr pl S c Vernon S c pale yellow Eq Rep S c  pale yellow Chan S c vern vern wms case tempt Talb vezey brown parliament case  in court Lord Cowper a devise in these word imprimis I will and devise that  all my debt legacy and funeral shall be pay and satisfy in the first place  these word amount to a charge on the real estate if the personal estate be not  sufficient for that purpose a man be seize of a real estate and also possess  of some personal estate make his will in write and thereby devise in these  word imprimis I will and devise that all my debt legacy and funeral shall be  pay and satisfy in the first place item I give and deviseand then proceed to  dispose of his real and personal estate and his personal estate not be  sufficient the question be whether that clause in his will shall amount to a  charge on his real estate for the payment of his debt legacy and funeral my  Lord chancellor be clear of opinion that it shall for as to his debt it be but  natural justice they shall be pay and his personal estate will have be liable  to the payment thereof whether he have give any direction in his will about  they or not when therefore he will and devise that his debt legacy and funeral  expense shall be pay and satisfy in the first place these word must be intend  to give a precedent in chancery er p preference for those purpose to any other  whatsoever and since he precedent in chancery do not devise his real or  personal estate to any person in particular for these purpose the person who  come within that description must be suppose to be within his view and it must  be take as a devise for their benefit preferable to any disposition whatsoever  either of his real or personal estate and consequent both of they be make  liable thereto
case TRUELOCK against Hartfield Administration plead to be grant by a official  decani Sarum this loci ordinary who administration de jure to stretch out  without say ad tunc et quomodo constitute good S c comy Rep debt on a bind as  administrator the plaintiff in his count say that administration be commit to  he per I S official decani Sarum loci that ordinary legitime constitute who  administration de jure to stretch out without say adtunc to stretch out he do  not say comment constitute and hold good notwithstanding a if a indictment for  a offence at commonlaw conclude against the form of the statute c these word  may be reject as surplusage king v Bathurst saver king v matthews term Rep see  also hawk p c c S modern report er p
case TRUELOCK vers grant of administration when well plead Mod SC I show skin  salk cro Elizabeth Plowd cro James palm Mod Mod Mod ld raym Gibs cod debt the  plaintiff set forth that letter of administration be commit by the official of  the dean who have a peculiar lawful constitute but do not show how he be  entitle as it ought to be do in the case of a peculiar cro Elizabeth neither  do he say that the grant administration adtunc to stretch out to the dean and  for these cause the defendant demurrer say non allocatur in as much as the  plaintiff have set forth that administration be rant by the official of the  dean to who right of grant administration c belong it be sufficient comens er  p
case TRUSLOE against YEWRE the interest of a estate for year transfer by a  award post wood Inst roll Abr dyer Bac Abr Leon election   b Plowd   Bac Abr  it be agree upon evidence that where a controversy be hetween two person for a  lease of land who submit themselves to the arbitrament of I S for it and I S  do award that one of they shall have the land this be a good gift of the  interest of the term assize but if the award be that he shall permit and  suffer the other to enjoy the term this give not the interest in it also it be  hold that if a term he devise to a executor the remainderover and the executor  enter general this shall he take as a devise for it be more for his benefit  they move the jury to find these matter special but they will not but give a  general verdict
case trussel against aston leave give we n oh compound on hen c because the  statute be misrecited dougl term Rep debt upon obligation the defendant plead  the Henry c and will avoid the obligation that he be in execution and the  plaintiff be undersheriff he take this bind and let he at large it be demurrer  in law because the defendant misrecited the statute in that he do recite that  if any sheriff or he officiarii where it shall he some officiarii and the  statute speak not only of the sheriff and his minister but of other officer  coke say so be the parliament roll and so it adjudge in one he rris case and  of this opinion be the court but they give day to the planes io compound and  in the mean time shall stay judgement
case tuberville against savage if a man lie his hand upon his sword and say if  it be not assizetime I will not take such language this be no assault S C keb  S C vent Ro ab Mod Mod lev Bac ab pale yellow law of eved Com dig bull n p  hawk p c action of assault battery and wound the evidence to prove a  provocation be that the plaintiff put his hand upon his sword and say if it be  not assizetime I will not take such language from you the question be if that  be a assault the court agree that it be not for the declaration of the  plaintiff be that he will not assault he the judge be in town and the  intention as well as the act make au assault therefore if one strike another  upon the band or arm or breast in discourse it be no assault there be no  intention to assault but if one intend to assault strike at another and miss  he this be a assault so if he hold up his hand against another in a threaten  manner and say nothing it be a assault in the principal case the plaintiff  have judgement modern er p
case tucker against GOLDBURNE in debt upon the assignment of a bailbond the  process on which the arrest be make must be set forth a action of debt be  bring upon a assignment of a bailbond take by the sheriff who have arrest the  defendant upon a capias c and upon a demurrer to the declaration it be object  that the plaintiff have not set forth the capias or the testae or a return of  any capias as he ought to have do cro Elizabeth side and Saxby v Kirkus in the  king bench in Hilary term sayer a and the court of common plea be of that  opinion modern report er p a writ of error be bring in the court of king bench  but the judgement of the common plea be affirm for it be the capias which give  life to the bind
case Tuckerman against jefferies a devise of all my estate to my two niece to  be equal divide between they during their life and from and after their  decease to the right heir of one of they create a jointtenancy S c ante S c  holt devise of all my estate to my two niece to be equal divide between they  during their life and from and after their decease to the right heir of one of  they air eyres that this be a joint estate to be equal divide be a quality of  a jointtenancy as well as to a tenancy in common and the word to be equal  divide be what the law imply style roll Abr leo if this shall be construe that  they shall take by moieties it may happen that the right heir of the one may  never take the whole because the remainder quoad the moiety be contingent leo  modern report Pengelly here be not subsequent word of sufficient force to  overturn and weaken the force of the former word and upon this the distinction  run lev style raym Dalison if it be joint then the heir may lose his moiety  during the life of the other which will be equal to the contingency holt chief  justice the case Mr Pengelly cite as to the word equal modern report er p  divide run on this reason that if they do not make a tenancy in common they  will signify nothing a prince v heylin atk fisher v Wegg Peer wms Owen v Owen  atk haw v haw atk Rigden v vallier atk Jolliffe v east brown c c Campbell v  Campbell brown c c a he agree to the case put by eyres of the contingency the  opinion of the court seem to be that it be a jointtenancy by reason of the  danger of the contingent remainder which otherwise may be lose Adjournatur  note in Trinity term follow holt chief justice deliver the opinion of the  court that this be a jointtenancy by reason of the contingent remainder b  Hambledon v Hambledon cro Elizabeth Barker v Giles Mod rise v hill burr b
case tuckfield against buller Nov follow attorneygeneral v Hamilton mad  partition between a adult and a infant the latter have time till at age to  show cause court order the conveyance from the adult to be respite till the  same time see attorneygeneral v Hamilton mad Redes Tr Whitechurch v  Whitechurch Mod as to suit for partition general see Parker v Gerrard post lib  Reg b fol S c dick more full bill by tenant in common for partition against  tenant for life and a infant tenant in tail remainder of the other moiety and  usual decree for partition to hold and enjoy in severalty and for mutual  conveyance but day be give to the infant till after he come at age to show  cause against the decree motion by plaintiff to respite the execution of  conveyance till infant come at age ambler query whether the plaintiff be  oblige to convey till the infant come at age because he can have a conveyance  from he till that time sir John strange master of the roll be of opinion the  conveyance to the plaintiff of his severalty ought to be make immediate accord  to the decree and take a distinction between this case and Lord brook v Lord  and lady Hertford wms in that case the bill for partition be bring by the  infant in the present it be by a adult person against a infant but a the  opportunity of counsel leave be give to move it again before Lord chancellor  and it be afterward move before he his lordship declare his opinion that the  conveyance ought to be mutual not only as to the thing but in point of time  and say that the case of Lord brook v Lord and lady Hertford though different  in some circumstance be a considerable authority and order the conveyance by  plaintiff to be respite
case TULLEY against the bail OF vavasor to know facias amend S c holt Mr  Raymond move to amend a to know facias against bail upon a writ of error bring  on a judgement in the common plea where the clerk who have the judgement  modern report er p before he in which the plaintiff name be James and the  clerk have make it Randal which be a variance from the record for the  judgement record be misrecited in the writ Mr eyres there be a judgement  recover against vavasor and that judgement be affirm here with cost pro  dilation performance and the only thing they can amend by must be the writ of  error holt chief justice cite a case where a man can bring a writ of error  give for himself a Prynne v Sloughter vent a Raymond it be only fault  clergyman and a mere mistake in he in not pursue his instruction and such  mistake may be amend after a writ of error modern report holt chief justice if  it be amendable at one time it be so at another if it may be amend before a  writ of error it may be amend after a writ of error bring b Poph Jones lev ld  ray strange b Powell justice a man can never bring a writ of error to reverse  a judgement that be give for he for there must be a damage a gravamen recite  which can be of a judgement that be give for he Qure de hoc but on the whole  the court hold that the writ of to know facias in this case be amendable c  Hampson v chamberlain barn c note the mistake in the to know facias be the  clerk have make it recite that whereas Randal have recover against James  whereas the judgement be that James have recover against Randal d Richard v  simmonds will Weston v packman will d
case TUNBRIDGES case a distress for damage pheasant may he sever but not for  rend service post h pl   light a keb side roll ab I vent burr trespass for  take his horse the defendant justify for damage pheasant the plaintiff reply  that before the trespass suppose c he yoke the horse and tie they to the  plough and the defendant untie They and to king they e the opinion of the  court be clear that he may well sever they for damage pheasant for although  they be a entire distress when annex to the plough and as Anderson say if the  plough or cart by chance fall upon a man and kill he as well the horse as the  cart c be forfeit yet in this case they may he sever manwood say there be a  difference in the book when the distress be for rentservice there they can be  sever for they be a entire distress and he claim no interest in the land but  only a rend or service with which the land be charge a a see will and mark c  Ann c Geo c and Geo c   light b Bl Com croak Elizabeth er p but in a distress  for damage pheasant the party do claim the land itself and he may have several  action for trespass for every horse for every one of they do trespass and the  plaintiff have day to amend his replication croak Elizabeth michaelmas term  and Elizabeth in the common plea sir Edmund Anderson Knt more chief justice  sir William periam Knt Thomas mead Esq Hugh Wyndham Esq justice sir John  Popham Knt attorneygeneral sir Thomas Egerton Knt solicitor general
case Tunstall versus Oxenbridge maii the plaintiff by his bill demand a  account of the personal estate of sir John Tunstall his grandfather and of the  personal estate of his grandmother who both die intestate and several  administration have be grant of their estate and now Oxenbridge the plaintiff  uncle have obtain a administration de good non but all these administration as  the plaintiff by his bill allege be a trust for the child of the plaintiff  father old brother who have assign their interest to he and the plaintiff  thereupon have now procure a administration de good non to himself and the  plaintiff by his bill seek also to be let into a tenant right of a church  lease that be enjoy by his grandfather but have be twice renew by the  defendant and whereas the plaintiff counsel will have it that this lease be a  lease for year determinable on three life and so go in a course of  administration it be answer that it be a absolute lease for three life and not  for year determinable on three life as they will fancy for be hold of the dean  and chapter of Westminster they have power only to demise for three life or  twentyone year and can not make a lease for ninetynine year determinable on  three life and so plaintiff administration give he no title to a tenant right  if any there be and then for the plaintiff it be insist that he have a  assignment of the interest of the heir at law Vernon chancery case Lord keeper  if you will be relieve in that respect you ought to have set forth the  assignment and round your bill upon it which you have not do so that your bill  be defective in that point and beside the last life die so long since as in  and the defendant have renew the lease twice since that time Adjournature the  bill be dismiss Reg lib b fol enter in the name of Tunstall v Piggott and the  decree affirm in the house of lord d march journ Ho lord vol Vernon chancery  case er p
case turner against burn a action lie against a person for know sell good to  which he have no title a sell good to b to which he have no title if a know  that he have no good title to they a action lie against he for the deceit if  the owner recover they against b but by if a do not know but his title to they  be good modern report michaelmas term the ten of William the three in the king  bench sir John holt Knt chief justice sir Thomas Rokeby Knt sir John Turton  Knt justice sir Thomas Trevor Knt attorneygeneral John hawles Esq solicitor  general
case turner against Burnaby atorneys of each side may agree to name twentyfour  person out of which sheriff may return twentyfour to try the issue S c holt  two atorneys at the tavern agree each to name twentyfour to the sheriff out of  which he shall return twentyfour to try a issue and per curian if the sheriff  will return a jury at the denomination of any person it be a misdemeanour in  he and it may be maintenance in he at who request it be do a but here it be by  consent of atorneys of either side consensus to lift wandering
case turner against champion equivocal word shall be explain from the context  accord to the common sense and not take in mild sensum ante post hob action  for these word thou have steal my corn and carry it to market it be move in  arrest of judgement that the action lie not for it may be corn grow and then  it be no felony and word shall be take in mild sensum say non allocatur for it  shall be intend accord to the common sense corn in the barn not in sheaf  whereof a quantity can be take and carry to market wherefore it be adjudge for  the plaintiff
case turner against davies easter term car roll a administrator who obtain  judgement in trover on a conversion in his own time for good of the intestate  can take out execution thereon if the administration be afterward revoke S C    Ent a S C sand S C keb Yelv cro car carter Mod fitzg Mod vern comens Peer wms  Peer wms ld ray term Rep hearing complaint the point be this videlicet a  administrator recover damage in a action of trover and conversion for good of  the intestate take out of the possession of the administrator himself then his  administration be revoke and the question be whether he shall have execution  of the judgement notwithstanding the revocation of his administration sander I  conceive he can for the administration be revoke his authority be go doctor  Druries case in the eight report a   a be plain and there be a precedent in  the new book of entry b   Ent b barrel I conceive he modern may take out  execution for it be not in right of his administration be lie the conversion  in his own time and he may in this case have declare in his own name and he  cite and urge the reason of packman case   and cro Elizabeth Kelynge chief  justice he may bring the action in his own name but the good shall be asset if  good come to the possession of a administrator and his administration be  repeal he shall be charge as executor of his own wrong now in this case the  administration be repeal shall he sue execution to subject himself to a action  when do Twisden justice I think it have be rule that he can take out execution  because his title be take away the court give judgement against the defendant  modern er p
case turner against lee hold overrule Prescott v Boucher b ad on the death of  a grantee of a rend for year if be so long live his executor or administrator  can distrain for arrear either by the commonlaw or Henry c   light cro  Elizabeth dyer     Lutw viner Abr Vaugh espin dig replevin the defendant avow  as executor for the arrear of a rentcharge grant to the testator for diverse  year if he live so long the plaintiff take issue quod non to go away and find  for the avowant and after verdict it be move in arrest of judgement by roll  that this avowry be not good because the rend grant for year be determine the  executor can by the statute of Henry c distrain for that statute extend to  those who have rend for life or inheritance but henden sergeant say that it be  within the equity of the statute because the estate be determinable upon a  life and if it be not good yet be admit and the issue be upon the grant and  find it be good enough croak car but all the court resolve that it be not  within the statute for that provide remedy where the testator die seize of a  rend to he and his heir or for life and by his death there be not any remedy  for the executor as it appear by the preamble of that statute but where he  have remedy by the commonlaw by action of debt as in this case the executor  have be can distrain and although the issue be upon a non to go away and it be  find quod to go away yet it be a ill avowry in substance judgement shall be  give against he a a see the case of Hoole v bell ld raym where it be determine  that the Henry c be a remedial law and shall extend to all tenant for life  that the law have be so take always since the statute that the word of the  statute be general enough to extend to all that they seem to be admit in the  case of Lambert v Austin cro Elizabeth and therefore the rule lie down in the  present case of turner v lee so general take can be law see also Mr hargrave  note   Litt a and note   light b and Ann c croak car er p
case turner against main assignee may bring action without give notice of the  assignment Northey this be a action of debt bring by the assignee of the  commissioner of bankrupt and it be not say that the defendant have notice of  this assignment holt chief justice No notice be necessary e contra how can we  be guilty of a devastavit to they and yet do not know when the assignment be  make modern at another day it be insist that this be a action bring by the  assignee of the commissioner of bankrupt surmise a devastavit c and that the  declaration be ill first it be not say where the conversion be second it do  not appear that at the time of sue out the commission he be indebt three it be  not say any where in the declaration that the money be not pay to the bankrupt  himself holt chief justice read the recordit be all well enough first the  place be allege second the superinde be enough and three for the last  exception it be say that execution still remain of the debt let the plaintiff  have judgement michaelmas term the eleven of William the three in the king  bench sir John holt Knt chief justice sir Thomas Rokeby Knt sir John Turton  Knt sir Henry gold Knt justice sir Thomas Trevor Knt attorneygeneral John  hawles Esq solicitor general
case turner against main not say where the conversion be be cure by verdict S  c Mod action upon the case by the assignee of commissioner of bankrupt set  forth that the bankrupt have recover such a sum against the defendant testator  and that execution remain to be do and debt be assign to the plaintiff and  that good to such a value of the testator come to the defendant hand which he  convert to his own use after verdict it be move in arrest of judgement first  that it be not lie where the good come to his hand or where the conversion be  say non allocatur because though the execution will have be good on demurrer  yet now it be not material after verdict second exception because it be not  say that this commission be obtain upon petition in write as the statute  direct say non allocatur for though chancery may refuse to grant a commission  without a petition in write yet if they will do it it shall not modern report  vitiate and this may be a supplemental commission which require no petition in  write three exception that it be not say in the declaration that the money be  not pay to the bankrupt before the act of bankruptcy commit but per curium say  that execution remain to be make supply that and the plaintiff have judgement
case turner against moss a declaration quod cum Self idem c instead of ipse  idem c be good Writ of error on a judgement give in the common plea in a  action on the case the error assign be for that there be but one defendant the  plaintiff have declare pro eastern videlicet quod cum Self idem the defendant  c instead of ipse idem c but the judgement be affirm for the word Self be but  surplusage and if it have be leave out the declaration will have be good  without it
case turner against nurse a order or bare commission of chancery be no  evidence a order of the court of chancery be not to be give in evidence  without produce a copy of the bill on which it be make in a action upon a  wager whether a decree of the court of chancery will be reverse on appeal to  the house of lord a copy of the reversal be sufficient evidence without  produce the minutebook itself and such copy need not be on stamp Jones v  Randall Cowp b yet a commission out of modern er p chancery to abut and bind  certain land return and acquiesce under and a enjoyment accord be good  evidence of the land so bind be right bind but a bare commission return  without more be no evidence at all
case turner against palmer a quare hinder may be amend before appearance by  the original instruction give by the plaintiff attorney to the cursitor roll  Abr   vent lev barn Com dig Bac Abr hawk p c cow dougl term Rep term Rep quare  hinder ad praesentand ad church de Watton and before appearance of the  defendant it be move that the writ may be amend for his title of croak car er  p presentation be to the vicarage of the say church and not to the parsonage  and because it be in a writ original and in point of substance the court much  doubt whether it shall be amend for it be clear the writ be mistake for the  word ad praesentand ad church always intend right of advowson of the parsonage  but when the title be to the vicarage only there be a special writ ad  praesentand ad vicarian fit nat short catalog dyer but because gay the  attorney give a note to the cursitor of the chancery to draw a writ ad  praesentand ad vicarian church de Watton and because it be a peremptory action  in a quare hinder the six month be pass the party be a purchaser of the  advowson and that misprision happen by the fault of the clerk who do not  pursue his master direction it be order that it shall be amend and the  cursitor be present in court be appoint to amend it
case turner against turner S c Cas Chan this be a trial at bar upon a feign  issue direct out of the court of chancery the only question be whether David  turner the grandfather both of the plaintiff and of the defendant have cancel  a will make by he in the year or not the case be thus David turner be seize of  gavelkind land in ken to the value of four hundred pound have issue George  turner his old son by one venture and David turner his young sop by another  venture both of which son die in the lifetime of their father David turner the  testator George the old son by the first venture leave issue the now plaintiff  and David the old son by the second venture leave issue the defendant and  David turner their grandfather in the year make a will in favour of George his  old son by his first venture which as be insist on by the plaintiff be not  cancel by the testator in his lifetime but by the now defendant after the  death of the say testator that the estate may equal descend between they but  upon full proof that the testator cancel his will in his lifetime and say that  he intend his estate shall equal descend and come to both his grandchild the  defendant have a verdict
case turner ux versus Jennings and longland Jun Eq can ab pl S c a freeman of  London have one daughter and three grandchild by a decease son by deed assign  over several lease in trust to pay any sum not exceed as he shall appoint he  appoint pound to his daughter and the residue to the grandchild this be in  fraud of the custom and void as to the moiety which the daughter be entitle to  John longland a master carpenter at Paul be a freeman of London have issue a  son and a daughter his son die and leave three child he in July by deed assign  over several leasehold estate to the defendant Jennings on trust to sell and  to pay any sum not exceed pound as he shall appoint and by deed and will  appoint pound to his daughter and the residue to his grandchild decree to be  set aside as to a moiety which the daughter by the custom as only survive  child be entitle to as be in fraud of the custom vide hall v hall ante p and  case cite in not there Vernon chancery case er p
case TURNMAN against cooper a grant to husband and wife and their heir  habendum to they and the heir of their body with remainder to they for life  convey a estatetail with a feeexpectant thereon   light SC roll Rep   Perkins  Bl Com ejectment upon a special verdict the case be that a person by deed give  land to husband and wife and to their heir habendum to they and the heir of  their body remainder to they and the survivor of they for his life to hold of  the chief lord with a warranty to they and their heir the question be whether  this be a estatetail and a fee expectant or only a estatetail for the donee be  dead without issue and the plaintiff claim under the heir of the donor and the  defendant claim by the devise of the survive donee after argument it be  adjudge that it be a estatetail with a fee expectant for first it be give in  fee and the habendum although it limit a estatetail do not limit the estate to  any other so the fee remain as at the first it be limit and this enforce by  the tenure limit to the lord paramount which can be if it be a estatetail also  the warranty be to the donee and their heir show the intent to be that they  shall have a fee and then the office of the judge be to expound that all the  word of a deed shall be effectual if it may be and by this construction all  the part of the deed shall stand together wherefore it be adjudge for the  defendant and they hold that there be a difference when the limitation be in  one and the same sentence as a gift to one and his heir si to hang de meat  svan to have as ass pl be or a gift to one and his heir si to hang de corpore  his to have be a estatetail only because it be one and the same sentence but  when the limitation be first absolute and after the limitation in the habendum  be to her and the heir of his body and do not limit the estate over to any  other that stand well with the first and both shall stand a wherefore it be  adjudge for the defendant
case turnor against sir edward darcy easter term James roll slander speak in  the three person with a innuendo that he mean the plaintiff be sufficient  certain post hob cro car Com dig Cowp action for these word he meaning the say  John turnor and one Allen a the consultation be refuse see SC more   Inst a  see Geo c as to infant and feme covert croak James er p be perjure knave upon  not guilty plead and find for the plaintiff it be move in croak throw arrest  of judgement that he can be refer to two person and be perjure knave can be  refer to one person so it can extend to the plaintiff But the court hold it to  be well enough although it be false English for the sense appear and it be not  like the case where one say that I S and I d be perjure or if one say to three  one of you be perjure that be void for the uncertainty but in the principal  case it be adjudge for the plaintiff
case turton against prior holt absent atorneys of c b their privilege a action  bring against a attorney of the court of common plea who be in the custody of  the marshal of the king bench at the suit of another and in this action they  declare against he in custodian mareschalli the defendant plead his privilege  as a attorney of the common plea that he can be arrest in the court of king  bench the counsel for the plaintiff argue that they may declare against the  defendant so because he be actual in custodian mareschalli but the court  direct that the defendant modern report shall be remove by habeas corpus to  the common plea and that a action shall be bring against he there modern  report er p
case turton against reignolds No one can preach in a church without leave of  the parson S c ante S c holt a legacy of fifty pound ayear be leave as a  maintenance for a parson to preach once aweek in the parish church of b he be  to be choose and remove by the majority of the parishioner who choose one r  who the churchwarden refuse to open the church to whereupon he libel against  they in the spiritual court and a prohibition be grant for that be do not show  he have a licence from the parson of the church in who the freehold of the  church be and without who consent none can preach in his church it be true it  may be a ecclesiastical offence for churchwarden to shut out the parson or any  other appoint by he to preach in the church yet it can be one not to open the  church for one appoint by a stranger without he have the parson licence and  you shall have show in your libel that you have such a licence and holt chief  justice be of opinion that if the ordinary have appoint one to come and preach  in such a church yet he can not justify do it without consent of the parson  and if a person give a charity to a certain clerk for preach in such a parish  he must do it by the consent of the parson and holt chief justice further say  that let a parson be ever so orthodox and able yet be be punishable for his  presumption if be preach without licence of the a   b a same case under the  title of Robertson v stallage cro James jenk see also style Rep a Trinity term  James modern report er p ordinary but the ordinary ex debt is owed jusliti  ought to give such licence to one that be fit but if he refuse no mandamus  will lie but his remedy be to appeal
case turton against REINER declaration in prohibition if a declaration in  prohibition be by he who sue the prohibition and no plea be put in in due time  the plaintiff may have judgement by nothing to say therefore stet prohibition  but if it be of the other side and no plea there shall be likewise a nothing  to say and a consultation
case turwin versus gibson July a solicitor who be in disburse for his client  have a right to be pay out of a duty decree to a administrator and a lie upon  it before the bind creditor of the decease nor can the administrator  controvert this rule by insist on apply the asset in a course of  administration it be insist by the petitioner Margaret turwin as she be the  representative of Arthur Harding her first husband and he have leave bind debt  that wade the solicitor atkins er p for Arthur Harding who be the plaintiff in  the original cause have no tie to be pay out of the sum decree for the  plaintiff in preference to Hardings bind creditor Lord chancellor I be of  opinion that a solicitor in consideration of his trouble and the money in  disburse for his client have a right to be pay out of the duty decree for the  plaintiff and have a lie upon it before the bind creditor of the decease  plaintiff and it be constant the rule of this court neither can the  administratrix controvert this rule by insist upon apply the asset in a course  of administration vide tailor v Lewis a h upon another petition a short time  before Lord chancellor lie down the same rule
case Tuthill against milton Trinity term James roll in slander a general  allegation that the plaintiff be a trader be after verdict sufficient ante  post Yelv cro Elizabeth cro car Bac ab venire facias post cro car side Com dig  capias may issue from a inferior court post Yelv roll ab ld ray comb dougl  error of a judgement in Bristol in a action for word whereas the plaintiff for  five year before the first of may James be a draper and exercise the same  trade that the defendant at Wardam all sanctorum in Bristol speak these word  of the plaintiff videlicet thou art a bankrupt the defendant plead not guilty  and find against he and judgement for the plaintiff the first error assign be  that this action lie not because it be not aver that upon the day of the speak  the plaintiff be a draper but for five year before Sed non allocatur for it  shall be intend that he yet use that trade second for that the venire facias  be award de warda all sanctorum and not from any parish say non allocatur for  so be the common course in many county and they use not to name any parish and  there a ware be put for a parish three that a capias be award in this action  for the second process whereas a capias lie not in this action until the  statute of Henry c which extend only to those in Westminster and not to  corporate will say non allocatur for it may well be by custom in those will  wherefore the judgement be affirm
case tutty against ALEWIN to impute ignorance to a apothecary in the practice  of his profession be actionable action on the case for word be bring by a  apothecary the word be it be a world of blood he have to answer for in this  town through his ignorance be do kill a woman and two child at Southampton he  do kill John prior at Petersfield and in another place the defendant say he be  the death of John prior he have kill his patient with physic where in fact  they die by the visitation of God adjudge that the action lie a note the case  cite be poe v dr Mondford cro Elizabeth S c roll Abr a anonymous case and  shuter v Emmett godb roll Rep Watson v Vanderlash hetley Cawdrey v Highley cro  car peacock v leech t Jones see also Allan v Eaton roll Abr S c Danv Abr  Goddard v Haselfoot roll Abr S c Danv Abr a anonymous case Savill wharton v  brook vent S c keb flower case cro car blunden v Eustace cro James Stanton v  smith ld ray S c stram peak v Oldham Cowp a
case twenty e voucher Fitzherbert e de boundary ch a bring a formedon against  husband and wife the wife be receive for the default of her husband and vouch  her husband by a strange name and upon the show of the demandant that the  vouchee be the husband of the woman the tenant cause be show as it ought to be  and it show that the husband levy a fine to one t sur conuzance de law come  Ceo and that t by the same fine render the say land to the husband and wife  and the heir of the husband and that the husband have before feoff t of the  say land with warranty to he his heir and assign and that she be the assignee  of t the averment of the demandant in this case against this fine that the  husband never have any thing in the land be receive by the judgement in  parliament for the demandant be a stranger to the fine and where the cause of  voucher be show the cause be traversable res inter elsewhere acta no one  mocere debet
case twenty James   Bentham case   teys case c Pilfolds case a dyer   Beechers  case a h error judgement verdict release office de court annuity be bring the  plaintiff have a verdict for the annuity but the verdict do not give any  damage or cost the plaintiff release the damage and cost of record he shall  have judgement for the annuity for two reason this release shall be understand  to be before the verdict and a writ of error do not lie for the defendant in  this case for the release be for his advantage judge and affirm in error if  this release have not be upon a writ of error bring by the defendant the court  ex duty shall reverse the judgement for damage and cost be due as well as the  annuity
case twenty James Benl pi dyer Yelv I Brownl Noy Cr kynaston case jointure  eyston and stud case thou be seize d land in fee bay issue a daughter the land  be of the value of per and upon marriage of this daughter with b in  consideration of this marriage and pay by b to a a assure the say land to the  use of b and the say wife in tail they marry and have issue b die the wife  alien this land to a stranger and well for it be not a jointure within h for  it be the land of her father case XXI James Cr   b sir John Appesleys case  hearing complaint bail infant the bail be charge in execution after judgement  against the principal the principal reverse this judgement by writ of error  this reversal shall discharge the bail in a hearing complaint a infant bail if  he be a infant at the time of the bail shall be discharge by hearing complaint
case twenty r aid Le roy Fitzherbert h h e e S h dyer a fine be levy of the  manor of dale by the prior of b to the prior of c the prior of c sue out a to  know facias upon this fine to have execution thereof against the say prior of  b the prior of b plead in bar of the say execution that the prior of c and his  convent release the say execution to the say prior of b which release the say  prior of b proffer in court issue be join upon the release and after issue  join the prior of b show the court that the prior of b hold the say manor from  the king in frankalmoigne and pray the aid of our Lord the king but it be  adjudge by all the judge that because issue be join Jenkins before aid be pray  and also because in this case no damage can happen to the king that aid must  not be grant the same be the law in a action of trespass by all the judge of  England but the king aid be grant in a ejection strong where it appear that  the reversion of the land in question belong to the king in a action of  trespass between subject after issue join if there be cause aid be grant for  the defendant but never for the plaintiff in a writ of replevin where the  avowry be for a real service aid be grant to the plaintiff before issue join  where the suit be for a trespass do in land aid be not grant before issue join  Jenkins er p but aid of the king shall not in any case be grant after issue  join because the king ought not to rely upon the defence make by another
case two e Stamf coroner robber have a mind to rob a and they take he and  swear he upon a book to bring to they at a certain time to a certain place a  be let at large do this I e pay the to they this be felony in the robber for  the take and threaten of a be the cause of the delivery of the by the advice  of all the justice Jenkins er p block the path attempt si execution to follow  a robber in the highway attempt to rob a a levy a hue and cry and the robber  be take before he have take any thing felonious this be not felony by saint g  c felony for felony be touching rei of another mind to steal Jenkins thus be  the law at this day for in this case there be not touching rei of another  although there be animus furand a bail good to b to keep they for a a private  and by night take these good and afterward charge b with they to answer they  in detinue bring for not restore they and recover damage against he this be  felony in a although remember alienam non contrectavi but this his charge of a  after his take of they clam noctanter and his recovery of damage place in the  eye of the law the property of the good in b and a shall be indict in this  case for steal the good of b especial if a have judgement against he to  recover damage and execution for loosing price purchase loco to have will to  count over pro facto
case two Elizabeth dyer London replevin jour   Inst Cr Elizabeth finch roll  Abr a pluries replevin issue out of chancery returnable in the common plea it  be direct to the sheriff of London to replevin to a his good there which be  take by b and to answer for their contempt the sheriff return the custom of  London confirm by parliament that upon the take and detain of good in London  upon a plaint enter in the sheriff court they be replevisable and not by the  king writ and that they be swear to observe the custom of the city non  allocatur they do not answer to their contempt by the judge of both bench if  this return have be make to the original replevin it ought to have be allow a  recovery in the common plea of land in London be void e h upon a pluries  replegiare the defendant have no day in court upon a pone where a replegiare  be by writ or the plaint be remove by to think over day be give to the party  but upon a pluries replegiare no day r Jenkins be give to the party but to the  sheriff to answer his contempt h
case two h dyer faits debt bull blow a deliver to b to buy prune b make a deed  to a testify the say delivery and receipt but the say deed have not a word of  promise or tender or to bind up Jenkins er p for payment of the say sum b die  intestate a action of debt may be maintain upon this deed by a against the  administrator of b it be so adjudge and affirm in error a deliver a sum of  money to b to the use of c b do not deliver it debt lie for this money for c  against b although the word be not apt yet they demonstrate the intention a  make a obligation to b to the use of c and a deliver it to c in the presence  of b and say to he this will serve this be a good delivery to b dyer by c c  write be necessary quod vide these word I will you shall have my land for life  with livery this be a good lease for life and so if he have say for year it  will have be a good lease for year so of a licence to have land for year it  amount to a lease for year enter and take the land amount to a surrender but a  release of the lessee for life or ear to the lessor do not amount to a  surrender for the word be repugnant for Jenkins the lessee be in possession  and the release suppose the lessor in possession the word in such Fr faits  instrument as concern the life of a man ought to be certain and invariable in  indictment and appeal preditorie for treason burglary for housebreaking rape  for rape felony for felony murder for murder these and no other word will  serve in frankalmoigne exchange frankmarriage or a devise by will the word  heir be not necessary but estate of inheritance which be otherwise convey  require the word heir
case two James ken versus Elwys Cr Yel bailiff deputy rescous a bailiff of a  liberty may have a deputy this deputy take a upon a capias ad to give  satisfaction at the suit of b direct to the sheriff and his mandate upon it to  the bailiff of the liberty and the prisoner be in execution by the say deputy  be rescue by elwis the bailiff bring a action on the case against elwis judge  for the plaintiff and affirm in error
case two mich Elizabeth Bedel and smith case rot Cantab   SC baron and feme  joinder in action dime debt count a husband possess of a lease for year in  right of his wife bring a action of debt upon the statute of the e cap e for  not set out of tithe in certain land judge that it lie without mention the  quality of the grain and that debt lie for the Triple value and that it lie in  the name of the husband alone judge and affirm in error
case TYACKS case the court will compel a attorney to redeliver write leave  with he to peruse though they concern himself and his title SC skin Tyack be  to draw a deed have write bring to he among which he find one that concern  himself and his title and he detain it the court force he to deliver it up and  leave he to take his proper remedy at law and per curian and counsel at the  bar it be say to have be so do in one pain case a in this court where a  scrivener detain write and double of Somersetshires case in Lord hale time be  the same and so rule as sander and Tremain say so in case of a attorney  solicitor or counsel that get write the court force a delivery very often
case TYDCOT against WESTCOMB venire facias post a venire facias be award from  t and not de vicineto de t and for this cause a exception take and resolve to  be ill and not amendable
case TYMPERLEY against coleman bail may surrender the principal upon the  return of the first to know facias but a plea of his death between the return  of the can sa and the issue of the cognizant fa will not discharge they ante  roll Abr style more hob Jones Jones ld raym burr stram will Bac ab will Dongl  term Rep see Cromp prac impey Inst Cler burr to know facias upon bail the  defendant plead that the principal be dead before that to know facias be bring  and upon motion the court hold that that without more be not any plea for if  once upon a capias non be invention be return the recognizance be forfeit  because there be default in the party and although it he usual if the  principal render his body upon the first to know facias to accept it yet that  be of grace not of necessity therefore the death at the time of the to know  facias bring be not material if he be alive at the time of the capias return  whereupon it be adjudge for the plaintiff croak James er p Johnes v William  croak er report date case Johnes against williams the defendant in trover must  plead the general issue post   light b cro Elizabeth cro car hob side keb    Savil Leon salk stram barn Bac Abr term Rep trover of good and convert they  the defendant plead sale in market whereby he justify the conversion and it be  hold to be no plea because it amount but to the general issue and rule accord  that if he do not plead a nothing to say shall be enter croak throw memorandum  upon Wednesday the ten of June this term sir John Popham chief justice of the  king bench depart this life be a most reverend judge and a person of great  learning and integrity
case Tynan against bridge Trinity term James roll a release of all demand will  not discharge a debt not due at the time it be make but when the debt be due  such a release will discharge it though it be not Payable till afterward ante  post SC Yelv   light cro Elizabeth roll Abr side Mod lev show Mod salk debt  upon a obligation condition for perform a award make by arbitrator by they  choose who upon the twentyfourth of march award that the defendant shall pay  to the plaintiff at Michaelmas next follow twenty pound for nonpayment whereof  the action be bring the defendant plead the plaintiff release of all action  and demand make to he the ten of April the sole question be whether by this  release thus make the payment of the twenty pound by the defendant to the  plaintiff award as aforesaid be absolute go and release and the whole court  conceive that the release be not any bar to the plaintiff action a difference  be take by William justice where a obligation be enter for payment of money at  a day to come there it be a debt and duty present and may be discharge by such  a release before the day of payment but it be not so in case of a annuity rend  or in a action of debt for nonperformance of a award make for payment of money  at a day to come but no judgement be give in this case a
case TYTHERLEY against Welsh easter term Elizabeth roll if a defendant die  after judgement and before execution it be error if the plaintiff attorney sue  a to know facias against his executor without a new warrant Inst Carth Bac ab  see I Cromp practice to error the case be the defendant have recover against  the testator of the plaintiff in debt and after judgement and before execution  the testator die the attorney of the plaintiff in the action of debt sue  scirefacias against he that be now plaintiff to have execution without any new  warrant and recover and this be assign for error Godfrey move it be not error  for the attorney be not discharge by the judgement but may well sue execution  within the year Henry croak Elizabeth er p pl Henry pl gawdy justice it be  true that the attorney may pray execution but this be a new action against the  executor and it be against another person than against who his warrant be and  after for this cause the judgement be reverse a
case umble against fisher debt for a year rend videlicet from ladyday until  ladyday hold have roll Leon yely say vide keb Bigon v bridge where it be hold  that both feast shall he take inclusive Bac ab see also Mod salk ld raym thou  gl n debt for rend upon a lease for year Payable at four term videlicet the  annunciation midsummer Michaelmas and the Nativity and show that the rend be  arrear oh to make one year fresh troops scilicet a jesto annuntiationis  usquefeslmm announce a retro to be el adhitc step forth the defendant plead  non dehet and find against he and it be now move in arrest of judgement that  it appear by the declaration that there be but three rend day arrear for  exclude the first Feast of the announce and usque exclude the last but foster  move that the videlicet shall he void because it be declare that it be arrear  pro to make one year fresh troops but the court hold the declaration to he ill  for if the videlicet shall he void it will not appear when the year shall  begin but gawdy say if it have be that it be arrear holiday annuntiationis pro  to make one year videlicet usque ad holiday announce tere the videlicet shall  he void but not here wherefore it be adjudge for the defendant
case unston against milner easter term James roll a attorney can plead his  privilege after imparlance assumpsit privilege of attorney of common plea  plead after imparlance demurrer plea ill judgement for the plaintiff
case UPCHARD against tatam trover lie for a bind as a write Obligatory and the  date need not be show roll ab bro Ent cro car say vide cro Elizabeth ld raym  action of trover and conversion for that the plaintiff on the that march James  at Chelmsford be possess of a write Obligatory wherein John Petchy and Thomas  Petchy be oblige to the plaintiff in sixty pound seal with the seal of the say  John Petchy and Thomas Petchy ut de scribe his obligatorio to appropriate et  such possessionatus that march James lose it and that upon that march throw at  Chelmsford aforesaid it come to the defendant hand by trover and that the  defendant that croak throw march James at Chelmsford aforesaid convert it to  his own use upon this declaration the defendant demurrer in law because the  date of the bind be not mention nor that it be deliver as their deed but  without much argument it be adjudge for the plaintiff for he needs not show  the date because it be lose a and the defendant have essoigned it and he be  not to recover the debt but damage therefore second the allegation that it be  scribe obligatorium wherein they be oblige have intendment sufficient that  they deliver it as their deed croak throw trinity term James in the king bench  sir James lea Knt chief justice sir John Doderidge Knt sir Robert Houghton Knt  sir Thomas chamberlain Knt justice sir Thomas Coventry Knt attorney general  sir Robert heath Knt solicitor general case hunn and his wife against porter  word actionable action for these word Christian Hunn the wife of the plaintiff  innuendo be a witch and have bewitch two of the servant of I S to death after  verdict for the plaintiff it be move in arrest of judgement that these word be  not actionable because it be not aver that any person be dead nor in what  matter she be a witch say non allocatur for the word she be a witch be  actionable a wherefore judgement be give for the plaintiff
case upon a bill bring by consent for the opinion of the court be that the  late t Lutwich Esq have purchase a house c at Turnhamgreen which be copyhold  and of the custom of borough English afterward die intestate leave two son and  several daughter and the young son bring his bill for a distributive share of  his father be personal estate c insist for the defendant the other child that  he ought to bring this copyhold into hotchpot upon the authority of the case  of Pratt and Pratt decree in point by the master of the roll sir Jos Jekyll  may and two question be make upon the stat car cap first whether by the former  part of sect in the statute a young son have land by descent be to bring into  hotchpot and second whether the latter part of the clause which provide that  the heir at law shall have distribution notwithstanding land descend c regard  the heir at the commonlaw only and Lord chancellor Talbot as to the first  point hold that the young son have land by descent as in this case be not  oblige to bring they into hotchpot and that the heir at law in the latter mean  the heir at the commonlaw though that point he say be not necessary to  determine inasmuch as he think upon the first part of the clause the young son  by have land by descent by the custom be not bar of a equal share of the  personal estate with the other child as to the case of Pratt and Pratt his  lordship declare he have a great regard and deference to the opinion and the  judgement thereupon give but that however he must be guide by his own  judgement and conscience march Lutwich and Lutwich vin Abr pl roll in  gavelkind SC and p h concern the power OF a executor
case UPSHEER against bet a justification to a action for call a man a bankrupt  slave must aver that he be a bankrupt at the time the word be speak ante post  roll ab cro car stram Bac ab action on the case whereas the plaintiff the  first of April James and for diverse year before be a merchant that the  defendant the say first of April James speak these word of the plaintiff he be  a bankrupt slave the defendant justify because the plaintiff I first of April  James become bankrupt and therefore he speak these word whereupon the  plaintiff demurrer and without argument it be adjudge for the plaintiff first  that these word be actionable and second that the bar be insufficient because  he do not allege that he continue still a bankrupt and without averment it  shall not be intend that he continue so for it may be that he afterward  recover himself and become a good merchant and no bankrupt
case urlin versus hudson Eq can ab pl not necessary in a plea of a former suit  bring for the same matter to aver that such suit be depend plea of a former  suit depend for the same matter be put in without oath the defendant plead  that the plaintiff bring a former suit for the same matter which suit be still  depend for aught he know to the contrary for the plaintiff it be insist that  this plea be not good because he do not positive aver that the former suit be  still depend and no issue can be take upon his knowledge to the contrary but  the master of the roll allow the plea because the plaintiff ought not to  Vernon chancery case er p have set it down to be argue for by that he admit  that the former suit for the same matter be depend but the plea ought to have  be refer to a master to examine whether there be a former suit depend for the  same matter or not and say there needs no positive averment that the former  suit be still depend for that be examinable by the master and the defendant  never swear a plea of a former suit depend but it be always put in without  oath Reg lib b fol be matter of record vide Wyatt prac Reg say notam it be  state in the register book the defendant for plea set forth a former suit yet  depend between the same party c but in plea of a suit in chancery in Jamaica  the year and term in which such suit be institute shall be set out and aver  although it seem doubtful how far such plea will hold foster v vassal atk Mitf  plead d ed et vide anon Ves jun Vernon chancery case see prefatory note Vernon  chancery case de term S michaelis James in curian porter
case utty dale case a lease to a for life and for the life of b and c be a  estate pur autre vie do not determine on the death of a post   light b in note    a I wood con Hanham sergeant demand the opinion of the court in this case a  lease be make to I S to have and to hold to he and his assign for his own life  and for the life of a and b I S die if his estate he determine because one can  have a great estate of freehold than his own life Anderson and the court hold  clear it be a good limitation and he have a estate now for all their three  life for although he himself can have a estate but for his own life yet he may  have it to grant to another and the hahendum for their three life be a good  limitation and by his death the estate be not determine but to take into  possession to go away and it be say by Anderson and periam that if tenant pur  auter vie make a lease for year to commence after his death this be good and  shall prevent a occupant a for the land be bind with this interest of the  lessee and he shall have it against all other during the life of beneficiary a  and v j
case uvaltham versus broughton e contra July in notorious fraud the court  ancient make a defendant pay exemplary cost but disuse from the difficulty of  carry it into execution the defendant have be guilty of the gross fraud that  ever appear before a court Lord chancellor decree that he shall refund the  principal money he cheat the plaintiff of with legal interest till the payment  and to pay cost both of the original and cross bill if say his lordship I can  make the defendant pay exemplary cost I will do it but though it be the  ancient course of the court in notorious fraud yet it have be disuse for some  time from the difficulty of carry it into execution but if the practice have  be continue down to the present time I will certain have insert in the decree  let the defendant pay exemplary cost
case uvoodward against parry in a bill Obligatory that which come after the to  loosen be no part of the obligation vent cro car Bac Abr every plaintiff may  sue in not common with others mask and husband and wife may join in debt on  bind due to her dumb sola dyer roll Abr ld raym Com dig debt upon a bill  Obligatory of the defendant uvoodward demand oyer of the bill which be that  uvoodward acknowledge that he owe he to loosen qtn cum upon account hetween  they and it be enter in hcee word and the defendant thereupon demurrer in law  because it be a debt of and not of and he ought to have cou nted accord or at  leastwise ought to have count upon the bill as it S and it be thereupon  adjudge for the plaintiff and the error now assign in this point but all the  justice and baron resolve that it be good enough for there be but due upon  this bill and that which come after the to loosen be void as that which come  after a hahendum a second error assign be for that this action be bring by  Parry and his wife for a debt due to the wife before the coverture as also  because Parry be a clerk of the queen bench it be enter upon the declaration  to express grief in proprid rsonO c which can he for although the baron have a  privilege yet the feme have not say non allocatur for every plaintiff if he  will may sue in proprid persond and this entry be not by reason of his  privilege but because they be there in person wherefore the judgement be  affirm
case uvoodward against thompson a declaration by a administrator need not  allege that the archbishop be loci that of order or that it be commit post  death having made no will ante Bac ab Com dig error in the exchequer Chamber  of a judgement in the queen bench the first error assign be because in debt by  a administrator he suppose administration commit unto he by the archbishop of  Canterbury and do not allege that he be loci that of order or that he have  good in diverse diocese say non allocatur for it be well enough and to be so  intend that he have sufficient authority to commit it second because  administration be allege to be commit and he say not post death having made no  will but it be hold to be good enough for it be allege to he commit de good  having made no will tempore death suoe and therefore it be necessary rob  intend to he after his death wherefore the judgement be affirm
case uvoodward versus gyles Cf collect case in note to fox v Scard Bea v die  Sabbati Jan lord commissioner Maynard Keck and Rawlinson in a lease for year  of land lessee covenant not to blow pasture land and if he do then to pay  after the rate of S per and for every acre blow the court will not grant  injunction against the tenant blow for the party themselves have agree the  damage and set a price for blow nor will the court relieve the lessee against  the penalty if he blow Mr hellier move for a injunction to stay waste in blow  the case be that the plaintiff let a farm to the defendant at a annual rend  and part of it be pasture land the defendant covenant among other thing not to  break up or blow any part of it and if he do blow any part of it that he will  pay after the rate of twenty shilling per acre per and per cur I party  themselves have here agree the damage and have set a price for blow and  therefore will not grant any injunction and declare if the defendant be  plaintiff against pay twenty shilling per acre for blow they will not relieve  he et vide Rolfe v Peterson bro parliament can but injunction grant to  restrain the breach of a restrictive covenant secure by the forfeiture of the  lease and a penalty Barret v Blagrave Ves note it be say the whole nomin pn  reserve on such a covenant shall be pay and not pound per cent on the rend  reserve only aylet v Dodd atk and for the distinction between a bind for  service only and a nomin pn in lease to prevent a tenant from blow Benson v  Gibson atk the principal case do not appear in the register book but in the  afternoon minute book mich there be a entry of it which mention the land in  question to be meadow land and worth S per acre
case v e Fitzherbert curian to limp a be bind to fence his close against b his  neighbour and b against c his neighbour a do not fence against b nor b against  c for want of fence c s cattle go to the land of b and from the land of b to  the land of a a in this case may maintain a action of trespass against c for a  be only bind to fence against b every one ought to keep his cattle as well in  open land where there be no enclosure as in the several ground where there be  a enclosure by all the judge a have a close call GreenAcre join to another  close of his own call WhiteAcre a be bind to enclose WhiteAcre against  blackacre which be his neighbour bs land a do not enclose WhiteAcre from  blackacre bs cattle go into WhiteAcre and from WhiteAcre to GreenAcre this be  no trespass against a for it happen by a fault in not enclose WhiteAcre  against blackacre just ex in an unjust manner svan no one to have debet
case V Elizabeth dyer justice de peace wage de servant certificate exposition  de parols certiorari Elizabeth cap justice of peace be command by the statute  of Elizabeth at their assembly at the quartersession to settle the wage of  servant and labourer and certify they yearly into chancery under the penalty  of the justice of peace accord settle the say wage and certify they into  chancery and the next year they continue the same wage as the last year before  yet they ought to certify it for the word yearly require every year and the  king will be ascertain how be people be govern by all the judge of England all  house king vigilia make practice of defending all horned owl that pain all  freedom that occupatio whence it be that upon every certiorari to remove a  record out of a inferior court the style of their court and the power to hold  this plea and before who ought to be show upon their certificate that the king  may know how his subject be treat e
case V h e a have these four feoff to his use b c d e a sell this land to f  and require b and c to pass the estate of it to f and a also request b and c  to require d and e in the name of a that they also shall pass the estate to f  and they and b and c do all this and pass the estate accord to f but a do not  speak with d and e to this purpose a afterward sell the same land to g and  require d and e to make a estate to he of it and they do so upon a suit in  chancery by f against d and e they be discharge by the advice of the justice  for a do not personal require they to make a estate to f f may sue a and also  g if g have notice of the first sale and g may also sue a for this deceit to  sell the same remember dvobus falsarius be
case v James   c the prince of Wales his case duchy de Cornwall patent  necessity estate the duchy of Cornwall by a act of parliament make the e be  establish to the king old son habendum Himself Self heir of oneself palace  England son birthright in royal power England haereditario successur resolve  by all the judge of England that this be a estate of feesimple in the prince  and his wife be dowable of it by force of this act but such a charter grant by  the king to a subject be a void grant h Br case Lovel case the prince of Wales  at his birth be duke of Cornwall and the king ex debt is owed the whole of the  laws ought to give he his livery of it and if the king have former by any  patent make a grant of it he ought to repeal it by a to know facias for it be  gain in deception king any son of the king who be heir apparent although he be  not the old son be duke of Cornwall as f n b by west aid be give to make the  old son of a knight and marry the old daughter it extend to every son who be  heir apparent c see the statute of James I of lease to be make of the say  duchy by this act the prince be restrain from alien any part of it the judge  ex duty ought to take knowledge of all act of parliament which concern the  king or prince and although the act of parliament and the enrolment of they be  destroy by the injury of time or by fire or rebellion yet if they can be clear  up by other circumstance and proof they shall have the force of act of  parliament the same law of deed and grant respective need compose to be for  sale quod alias non be to be for sale
case V James Cr sir Christopher Hilliards case amendment Garrant de attorney a  as executor of b bring debt against c and have judgement by default a warrant  of attorney for a have the name and surname of a but the word in plea debt is  owed be want he have judgement affirm in error to be amendable for it shall be  intend in this action no other depend between they
case vale against field venire facias ante post roll ab hob cro Elizabeth  ejectment of a lease of Robert Arden and declare of a lease make at Cardworth  of land in parochian de Cardeworth predict the defendant plead not guilty and  be find against he it be move in arrest of judgement that the venue be award  de parochian de Cardeworth where it ought to have be de villan de Cardeworth  for parochian de Cardeworth predict be not the village mention before but all  the court hold it be good enough for prediction grade they all one and the  court shall not intend that the parish extend into other will than Cardeworth  and although a parish may extend into more will yet it shall not be so intend  especial when it be say parochian de Cardeworth predict and therefore the  venire facias award de Cardeworth or de parochian de Cardeworth be well enough  wherefore by the opinion of the whole court croak throw it be adjudge for the  plaintiff vide Edward pl Edward pl
case valentine hide against hill issue bear abroad be alien cro car   Vaugh c  dig ejection firm it be hold upon evidence that if baron and feme English go  heyond sea without licence or tarry there after the time limit by the licence  and have issue that the issue be a alien a and not inheritable contrary to the  opinion of Hussey Richard pl croak Elizabeth easter term Elizabeth in the  queen bench sir Christopher Wray Knt chief justice sir Thomas gawdy Knt John  Jeoffries Esq John clinch Esq justice sir John Popham Knt attorneygeneral sir  Thomas Egerton Knt solicitor general
case vallet against French Michaelmas term car roll Writ of error SC comb on a  writ of error in person we it be resolve that in the second term after the  court can reverse their own error without a writ of error c vide Fitzherbert n  b dyer Yelv
case VANSPIKE against CLEYSON word be not actionable if they be use by way of  good counsel I roll ab bull n p term Rep action for word and declare whereas  he be merchant that the defendant to discredit he say to one Dudley do  Vanspike the plaintiff owe you any money to who he say that b do he then say  to Dudley you have hest call for it take heed how you trust he and it be  thereupon demurrer and adjudge for the defendant for it be not any slander to  the plaintiff but good counsel to Dudley
case vast against gawdy to enable a defendant in execution to prosecute a  attaint the king bench have a discretionary power to admit he to bail and it  will exonerate the gaoler from escape though not enter on record dyer cro car    a Cowp debt upon a escape against the defendant guardian of the Marshalsea  for suffer t b who be in execution at the plaintiff suit to escape the  defendant plead that he do not suffer he to escape and give in evidence that  the say t b bring a Qure vide Inst   croak Elizabeth er p a attaint a to  reverse the judgement and upon his prayer the court do bail he that he may  prosecute his attaint cum execution but this bail be not enter upon record it  be hold by Wray c j and the other justice that the evidence be good and that  the justice by their authority may discharge the party of the execution and do  it upon good consideration and the justice use to command the marshal to bring  the prisoner before they to their chamber and it be a good discharge for he  for the marshal of himself can suffer the prisoner to go out of his house by  baston or otherwise but by the command of the justice he may remove he  although it he to another county and it be not escape the escape suppose here  be for let he to go by bail which be the Act of the court and not of the  marshal and may well he give in evidence Wray say that upon execution sue  after verdict although the party sue a attaint the court usual do not bail he  for the verdict be intend true till reverse but sometime the justice upon good  consideration will bail he and here although the bail he not enter yet the  plaintiff for his benefit may cause it to he enter and then he may have a to  know facias upon the bail and so be not at any mischief and afterward the  plaintiff be nonsuit
case vaughan against CASEWELL in a quod ei deforceat for land in merion the  tenant can vouch a vouchee in Cornwall for be a English county the voucher can  be have and a demurrer to a plea to such illegal voucher be if adjourn  peremptory on the tenant S c sand S C keb   Inst cro car a writ of error be  bring to reverse a judgement give at the grand session in Wales in a writ of  quod ei deforceat sander the point in law will be this whether a tenant vouch  a vouchee out of the line be peremptory and final or that a to answer ouster  shall be award a see the yearbooks ass pl Henry pl Henry pl Henry pl Henry pl  and Inst a modern Mr Jones in a assize the tenant may vouch another name in  the writ as in the yearbook Henry pl and so also in Plowden b but a voucher  can be of one not name in the writ b this writ be give by the statute of  Rutland Edward which be not former in print sand but it be now insert in the  appendix to Mr Ruffheads edition of the statute vol ringtail page b because it  be hasty remedy in Wales they never allow foreign voucher because they can  bring they in if there be a counterplea to a voucher and that be adjudge in  another term it be always peremptory otherwise if it be determine the same  term c the judgement give at the grand session in favour of the demandant be  after the assignment of this and seven other error affirm see S C sand c  modern er p
case vaughan against comrade HEDFORD the bishop OF London and Gainsford a  corporation may he know by two name I Lutw quare hinder for the church of  Littleton it be hold per curian upon evidence that a corporation may he know  by two name and if it have been so know from time c a grant make by either of  the dam be good
case vaughan against else slanderous word tend to the disherison of the person  of who they be speak be actionable although he have no present title post cro  Elizabeth   cro car roll Abr Jones godb roll Rep lev side error of a judgement  in the exchequer in a action upon the case for word for call he bastard the  error assign be that the action lie not for these word without special cause  show that he be damnified by they as to allege that he be inheritable to some  land and that by reason of those word he be to have loss and here it be show  that such land be give in tail to his grandfather and that his father have  diverse son whereof the plaintiff be young son and his elder brother be live  and that one such be to buy the land and offer he a sum of money for his title  and by reason of those word refuse to give he any thing so it appear by his  own show that he have not any present title and therefore no cause of action  at all but the two chief justice conceive that although he have not alley  present title it appear he be by a possibility inheritable to those land and  be offer a sum of money for that possibility to join in the assurance although  he have not any present title to the land yet by reason of those word he have  a present damage and in going to be may receive prejudice thereby in case he  be to claim any land by descent and for these cause they hold that the word be  actionable whereupon the judgement be affirm b Leon say Bl Com a the  excommunication be improper direct and it be certify by the commissary instead  of the bishop the defendant be therefore order to answer over so that the  point doubt inthis case be never determine   a croak James er p
case vaughan against heal prohibition do not lie for sue in the spiritual  court for tithe of land hold of the crown in capite prohibition be pray for  sue in the spiritual court fdr the tithe of land hold of the queen in capite  it be now move that consultation shall he award for that there be not any  cause to grant a prohibition for then he never shall have any remedy for they  for if he may not sue for they in the spiritual court he can sue for they here  and all the court hold that a prohibition lie not for although n b r be that a  prohibition lie in this case yet that be to he intend where it be sue in  chancery where peradventure they may give remedy for the tithe but because  they be inform that there be the like precedent in the queen bench they say  they will further advice
case vaughan against hold a custom that a infant may make a feoff shall be  intend of a estate in fee and not in tail for otherwise it will enable he to  do a tort bendl   light if a feoff deliver the deed upon the land say take and  enjoy the land accord to the deed it be not a sufficient livery   a lev say  vide assize Henry pl and   light a contra trespass upon evidence the case be  that a infant tenant in tail of land in gavelkind where the custom be that a  infant above the age of fifteen year may make a feoff of his land and bind  himself make a feoff of the land entail the question be whether this feoff be  a discontinuance and shall bind the infant and all the court hold clear and so  deliver the law to the jury that this feoff be not any discontinuance to bind  he nor be good by the custom for the custom shall never enable he to do a tort  and therefore shall be intend to extend only to land whereof he be seize in  fee and they further hold that if a man make a deed of feoff of land and  deliver the deed and say no more but take and enjoy the land or take the land  accord to the deed or such word which amount to a livery when he deliver the  deed nothing passes for the law require more ceremony than the delivery of the  deed upon the land
case vaughan against justice williams a writ of error will not lie in the  exchequerchamber upon a judgement in to know facias against bail post Yelv hob  more cro car cro Elizabeth Mod salk Mod vent ld ray Bac Abr error of a  judgement in a to know facias against he as bail for one Powel be bring  returnable before the justice and baron in the exchequerchamber upon the  statute of Elizabeth c and because there be some doubt make of the allowance  thereof it be move in court to be allow and all the court hold that it be not  Allowable for it be not any of those action mention in the statute whereof a  writ of error lie nor be he any party who may have a writ of error of the  first judgement Mann the secondary show the court a precedent that a writ of  error be bring of a judgement in this court in a writ of rescous and although  it be a action in nature of trespass yet because it be not a action name in  the statute it be resolve that it be not Allowable whereupon here this writ of  error be deny to be allow
case vaughan against LORIMAN and other if there be five defendant and three of  they be acquit a writ of error must be by the other two only Mod Cowp error  bring of a judgement in the common plea in false judgement give in Wibton upon  Wye where a assize be bring against five of one hundred acre of a it be  afterward move again and adjudge for the defendant vide post croak James er p  land and three of the defendant be find nontenants and acquit of the seize and  two be find disseizors as to three acre and for the residue the verdict be  find for the two defendant and yet the verdict enter for one hundred acre and  judgement give accord and for this cause false judgement be bring and aver by  the statute of Edward c that the verdict in a base court be enter in another  manner than it be give by the juror and thereupon the defendant in the writ of  false judgement demurrer and it be adjudge against he and of this judgement  writ of error be bring and the error assign be because the five defendant sue  the writ of false judgement where three of they be acquit and have not any  loss wherefore they ought not to have join in that writ but it ought to have  be bring by the two only so the judgement be give for they all be erroneous  and it be hold to be a manifest error and judgement be therefore reverse and  restitution award to he of the hundred acre
case vaughan against the company OF gunmaker in London a mandamus do not lie  to the gunmaker company to restore a member to the office of approver of gun S  c ld ray Richardson move for a mandamus to restore Vaughan to his place of  approver of gun and set his mark of approver upon the gun make by the company  and he say that sell gun not mark be a forfeiture of their charter and that by  a bylaw make by they they have appoint he a approver but bad now turn he out  per curian it be a thing in which the public be no way concern nor be there  any public law for it therefore it be out of the reason of a mandamus but your  way will be to petition the queen and she perhaps will order the  attorneygeneral to bring a quo warranto against they see ante vent stamp case  side king v guardian of the poor of Canterbury black Rep king v bishop of  Chester term Rep king v mayor of Colchester term Rep a
case vaughan versus guy at the chancellor house Lord chancellor eoden die all  the rest and residue of my estate after payment of my debt and funeral I give  to my executor c Q if this amount to a new promise to the creditor post Cas  Sel Cas in canc the testator make his will inter all in these word all the  rest and residue of my estate after payment of m debt and funeral expense I  give to my executor c to this bill file by a creditor the executor plead the  statute of limitation Mr solicitor general for the defendant the plaintiff  insist that the will which be make before the six year be expire whereby the  testator have order that his debt shall be pay amount to a new promise but  these be no more than word of course and what the law say where land indeed be  devise to executor in trust to pay debt the testator create a new fund and the  nature of the debt be alter and they be to be pay equal vern Gofton versus  mill and great inconvenience will follow if this will shall revive the debt or  prevent the executor from pay other creditor and enable they to pay debt that  to pay otherwise will be a devastavit but where land be devise no creditor can  complain because a new fund be create why do the creditor lie by the debt be  contract in and the testator die in so this debt be not bar at that time which  make the case much the strong and it be a know rule that where the time begin  to run in the life of the ancestor or testator it go on as to his heir or  executor and it be so resolve by the master of the roll and affirm on a appeal  to Lord Macclesfield it have be resolve that the statute of limitation will  extend to atorneys bill though they be thing do of record the Lord chancellor  give no opinion of this point but overrule the plea for other reason mosely  report Saturday December the that motion
case vaughan versus Welsh in court Lord chancellor if the defendant plead the  plaintiff be not oblige to elect till the plea be argue post Cas vern a order  for the plaintiff to make his election be discharge on motion because the  defendant have plead the statute of limitation and the plea have not be argue  mosely report er p mosely report Saturday November the that appeal and  REHEARINGS
case VAUTRY against aplen where a deed be only inducement to the action it  need not he plead with a profert ante   a b Bulst style Jones cro James cro  car Ro Rep palm Mod Mod hob ld ray salk replevin defendant justify as servant  to I S as in his freehold the plaintiff convey by a lease for year from the  queen by fire letter patent but say not eurice hic lengthen and traverse the  freehold of I S upon this the defendant demurrer general for want of these  word curix hic lengthen and do not show it for cause and if it be matter of  substance or of form and so amendable by the Elizabeth be well debate periam  and Walinsley at first conceive that it be matter of substance for by this  manner of plead the defendant lose the advantage to demand oyer of the patent  for without say hic in curid lengthen he can demand oyer and if there he  variance hetween they and the plead he may pray that they he enter in ec  verbal of which now he have lose the advantage but afterward Paschea Elizabeth  it be hold by all the justice except Walmsley that it be but matter of form  and not much material for it be but a inducement to the traverse and so not  traversable and it may be amend and they say if the defendant make no defence  and that there want a averment to the plea these may he amend and shall he  insert for the truth of the matter appear and in this case the letter patent  be not issuable but periam say if such plea have been in a avowry when it be  issuable it shall he otherwise and it be adjudge accord for the plaintiff see  pound car c salk Mod and Ann c
case veal against roberts Trinity term Elizabeth roll a lease in reversion of  several parcel of land make to commence on the happen of several contingency  shall take effect and commence respective as those contingency happen sand  Leon Bac Abr efectione firmce the case be Stevens be seize of two customary  message and land to the same helonging and Hevdon be seize of two other  customary message and land to the same helongin and W and W be possess of  certain land contain ten acre call No mors which be the land in question all  which be parcel of the possession of the abbey of Gloucester the abbot and  convent let to John veal the say four message and land nor the say land call  Normors hahendum et lenendum the say message and land b nor the saidten acre  of land t lem poor death up redditionis forisfacturce or boundary state et  terminiprcedict of Stevens Heydon W and W for year render rend the estate for  year in Normors expire the other estate of Stevens and Heydon be in be the  question be if the lease shall commence for Normors Johnson and snagg argue it  shall not till all the estate be determine for otherwise there shall he a  great inconvenience for the apportion of the rend and if a lease he make to  commence after the death of I S and I d it shall not commence till both he  dead Coventry and coke contra and rely upon justice TTyndhams ease   b and  pollard case there cite gawdy and Fenner justice hold clear it shall commence  present for Normors and gawdy rely upon Adam v Wrot fly a that a term in  reversion shall commence not when the term be run out in time only but also  when it be expire per surrender or other mean and Fenner say the case be  strong than Wyndham S case for here be several hahendums by reason of the word  nor afterward Wray be present it be adjudge accord
case veer against Reymer certainty ante post S C keb a action upon the case  upon a promise to carry two carectatas c Rotheram it be uncertain whether  carectala signify a horseload or a cartload judgement nisi c this be a  demurrer to the declaration and it be object that the promise be modern er p  to carry two cartload septimanatim one after the other it ought to have show  when but judgement be give for the plaintiff because no day be appoint it  shall be intend immediate follow the promise S C keb for a description of the  several kind of certainty require in plead see king v horn Cowp dougl
case VENARD against Wotton word impute forgery must import that it be of a  punishable kind if true or they be not actionable I yely Bulst hawk p c in Str  this case be deny to he law ld raym action for these word you have false forge  your father hand and thereby false have procure your father tenant to pay  their rend to you due to your sister after verdict for the plaintiff full move  that the word be not actionable for it be not show what thing he forge for  which he be by any law punishable and here it may be he   his father band to a  letter for which he be not punishable Elizabeth nter brook et doughty you have  ford m Lord of Leicester band to such a letter adjudge not actionable and so  be the opinion of the court and judgement for the defendant
case VENNERS against allen a libel will not lie in the spiritual court for say  you be a rogue and have hire fellow to swear false for it be punishable by  Elizabeth c prohibition the defendant libel against my client in the  courtchristian for defamation by these word you be a rogue and a rascal and  have hire fellow to swear false I move for a prohibition for that first they  be word of beat and passion and therefore a prohibition ought to go upon that  account and second if they shall not be deem word of anger but advice and  malicious then they ought not to have conusance of they because they import a  offence against a statutelaw and where no suit lie for the principal in their  court there no libel can be for defamation in the charge of such a offence and  we have a prohibition
case verdon against DEAELE and other Hilary term car roll on a issue whether  defendant who be charge with the execution of the speaker warrant have notice  of the prorogation evidence that they be tell so by person of credit be  sufficient SC post SC Jones SC bro Ent trespass for false imprisonment the  defendant justify by virtue of a warrant from the house of Commons the  plaintiff reply that at the time of the take the parliament be prorogue the  defendant rejoin and say they have no notice the plaintiff say they have  notice and thereon issue be join and a trial have at the bar resolve per  curian that wheresoever no man be bind to give notice every man shower KB er p  be bind to take notice a but yet reasonable time for notice be require nor be  any person require to take notice where it be impossible to do so but on the  evidence here it appear that for three or four of the six day the defendant be  tell all along the road that the parliament be prorogue by person of good  credit and the jury give four hundred and sixty pound damage for the plaintiff
case verdon against DEAELE and other the court will order restitution of money  levy on be made fa if execution be sue out after writ of error allow SC ante  SC bro Ent the plaintiff have get a verdict and judgement as afore a a writ of  error be bring and allow and bail put in and notice thereof to the plaintiff  however he take out execution on his judgement and levy money c now motion be  make to the court for restitution it be hold per curian that the writ of error  be well enough bring be a writ of error in a action of trespass assault c  imprisonment though the action be only of trespass and assault because the  plaintiff have allege in the body of his declaration a imprisonment and that  it be well enough though the defendant themselves have not give any  recognizance but only bail for though the shower KB car c S be that no writ of  error or supersedeas thereon shall be a stay of proceed unless bail be put in  accord to the statute of king James a which be that the party shall put in  recognizance with sufficient surety the practice be always only to put in bail  a but by Geo c the statute Edward c be repeal a ante page case a James c  shower KB er p and Raymond justice say it have be so settle in this court upon  debate but it seem by the practiser that the defendant himself ought to give  recognizance in case of a ejection strong b in the principal case restitution  be award
case VERMUDEN versus read eoden die in court Lord keeper ante case this case  be likewise reheard the Lord keeper think not fit to aid the complainant or to  make a better case for he in equity than he have at law upon the article but  thus far only that whereas sir Compton read by the article have a power to  retain the at pound per cent interest his lordship decree that sir Compton  shall either pay the money or that the complainant shall hold the land  absolute for his life the decree on the rehear be that the plaintiff be well  entitle to a estate for life in a moiety of the manor of Denford and the land  and premise thereto belong and to a account of the profit thereof since the  death of his wife and that possession thereof be deliver to he accord and the  defendant sir Edward read be to make good to the plaintiff interest on the say  pound at the rate of pound per cent per and up to the time of the death of his  say wife Reg lib b fol Gell v Vermuden Freem
case vernon versus VAWDRY January see holland v holland lr Ch n SC barn  Charles Rep abundantly where amendment be so large as they can be add there a  new engrossment and a new service on the party be necessary breach of trust  can fall only on the personal estate of a trustee where fraud appear in a  state account the whole decree to be open though of year stand a original bill  and a amend bill be as one and the record be always fix together but where the  amendment be so large as they can be add then there be a new engrossment and  the party ought to be mention over again and to be serve with notice of it a  breach of trust be consider but as a simple contract debt and can only fall  upon the personal estate of a trustee and the particular circumstance of a  case ought not to vary the rule Cox v Bateman Ves Bartlett v Hodgeson durn  east if there be only mistake and omission in a state account the party object  shall be allow no more than to surcharge and falsify but if it be apparent to  the court that there have be fraud and imposition the decree must be that the  whole atkins er p shall be open notwithstanding it be a state account of year  stand and Mr Richard Vernon who be guilty of the fraud be dead likewise see  ante and Dawson v Dawson vol note
case versus Bromley Lord commissioner Gilbert a be indebt to b b outlaw a and  c have good of a s in his hand b bring a bill against c to discover what good  of a c have in his hand c may demurrer for that b make no title to the good as  have no grant from the crown also for that the attorneygeneral ought to be a  party a be indebt to b who outlaw a and c have good of a in his hand b bring a  bill against c to discover what good of a c have in his hand c demurrer peer  William er p in regard b do not show any title to these good and in support of  the demurrer it be urge that by the bill it do not appear that b the plaintiff  have any grant of these good or of the debt from the crown until which grant  the property remain in the crown in consequence of the outlawry on the  contrary I insist that it be proper to know what these good be and the value  of they before the party take out such grant the expense of it be considerable  and that in the mean time the crown be but as a trustee for the plaintiff who  be at the expense of the outlawry peer William but by Lord commissioner  Gilbert the crown be not a trustee for the plaintiff but it be mere out of  grace that the king make such grant of the good of person outlaw to the  plaintiff who have no manner of right in these good until the grant obtain  from the crown so that the plaintiff come too soon it be before he have any  title wherefore allow the demurrer also the attorneygeneral ought to be a  party to such bill vide vol Balch versus Wastal
case very against Diggs Trinity term car roll judgement in trover against  husband and wife reverse because the conversion be state to be ad use Self  ante roll ab cro James Carth see the case of small v Kerfoot andr Com dig  error of a judgement give at Marlborough where the plaintiff declare in a  action of trover against husband and wife that they convert ad use Self and  after verdict upon not guilty plead judgement be give for the plaintiff croak  car the error here assign be that the declaration be not good because a feme  covert with her husband can convert to the use of the wife but all be do to  the use of the husband for this cause therefore it be reverse
case very against kirk a latitat may be sue out before cause of action but the  plaintiff can declare before the cause of action arise S p Ventr S p Barnard  king b in a action bring against the defendant for good sell and deliver the  plaintiff declare in assumpsit and in his declaration lie several count and  also declare on a promissory note upon non assumpsit plead the party be at  issue the counsel for the defendant insist at the trial of the cause on a  special agreement and that the defendant do not owe the plaintiff anything at  the time of the arrest and for that purpose he insist that the plaintiff may  produce this note for be only prove the sale and delivery of the good whereas  he ought not to proceed on that count and no other the counsel for the  plaintiff modern report thereupon produce the note date the eighteenth of  April which be for the payment of sixty pound the counsel for the defendant  then produce a receipt under the plaintiff hand by which it appear that the  defendant be to have six week time from the date of the note to pay this money  therefore the plaintiff can maintain this action because the process against  the defendant bear testae on the eighteenth may so the six week be not yet  expire to which it be answer that the declaration be of Trinity term which be  above six week after the date of the note and that be the only thing of which  the court ought to take notice for the original process be only to bring the  defendant in custodian mareschalli which may well be before the cause of  action the court hold that to be the constant difference for the plaintiff may  sue out a latitat before the cause of action but he can declare until after  the cause of action arise a foster v bonner Cowp ware v honeywood dougl a
case vezey against smith a plea of coverture if in abatement needs no venue if  in bar must be lie at a certain place Indebitatus for good sell and deliver  against a woman who plead in abatement coverture at that time the plaintiff  reply that she be sole and not covert and conclude to the country it be object  that the replication be ill for that it shall have be take with a without hoc  that she be covert and not as here and not covert and the case of Nicholas v  baw a and sand be quote in debt upon a bind the defendant plead that the  plaintiff be a alien enemy replication that he be bear in England and not a  alien without lie any place for venue but as here but they can not tell the  judgement of that case modern report holt chief justice if such plea be to a  writ it need no venue but may be try where the writ be bring but if it be  plead in bar there must be a replication and that must set forth the place of  the party birth in England from whence a venue may be and though precedent be  both way yet this be a true difference and accord to co and he say the  defendant must show and prove the coverture and say in the replication that  she be sole imply the negative of a marriage as much as that she be not covert  and it be the same as plead of infancy if this have be a bar the marriage must  have be lie at a certain time and place but be in abatement it be well general  but even there the husband name ought to be show that the plaintiff may know  who to have his writ against
case VI h   b dally pl   a b Keyleway forcible entry restitution commissioner  de oyer and terminer bank Le roy commissioner of oyer and terminer have no  power to inquire upon the statute of forcible entry for the statute of h cap  which provide a enquiry and restitution in this case appropriate it to the  justice of peace but the judge of the king bench be within the statute for the  king sit there and where the king sit be plenitude power quality a word tuend  are
case VI h Fitzherbert subpoena f n b peer peace upon the oath of any subject  in chancery that he be in dread and fear of his life by a peer of the kingdom  the chancellor shall write a letter to he to appear to find surety of the  peace on this occasion and if he do not appear upon the letter a supplicavit  upon this matter shall be direct to the sheriff or to such other person as the  chancellor think fit to compel the say peer to give security of the peace with  surety and if be refuse to do it to commit he to prison this writ be call a  supplicavit by all the judge of England Ordo that is known more to rejoice  privilegi the letter as aforesaid they have a knight to try any issue which  concern they they be not to be arrest for debt trespass or any personal action  they be exempt from serve on jury to have no day of grace against they upon  the trial of another peer for treason or felony they try he upon their honour  only and not upon oath when they pass through any of the king forest to attend  upon the king upon blow a horn they may have a buck or do as the season of the  year S they have power in their house in parliament to reverse judgement give  in the king bench they have the benefit of clergy though they can read they be  not liable to find carriage for the king when he remove from one place to  another Jenkins er p
case VI infra e a cessavit be bring of a chantry and the writ lie not any  tenure but a gift of the land by the ancestor of the demandant for make prayer  and that the tenant cessavit per biennium to make prayer yet the writ be good  for Westminster cap prescribe it in this form a ravishment of ware be way et  arms but the writ of ravishment of ware have not the word way et arms for the  statute of Westminster cap prescribe the form of the writ without the word way  et arms
case VI James Cr case de Leicester Fogest forest prescription quo warranto by  all the judge a subject may have a forest by the king grant if the king grant  that he shall have the officer necessary in forest for the administration of  justice by special word otherwise it be only a chase the owner of wood in a  forest may sell wood without licence or view of a forester but they ought to  leave sufficient vert for the deer a prescription to have a warren there or to  have common for sheep there be good a nonuser for forty year of park or warren  claim by prescription in forest be not a good cause for seize they it be for  fair or market if a park within a forest be dispark for forty year be a park  before it may be enclose and shall be repute out of the forest and if  enclosure within a forest continue for forty year yet if they be not before  they may be demolish enclosure in forest ought to be with a small hedge and  ditch so that the game there may not be hinder to range
case VI r error nonability repugnancy if a prior have a convent and a common  seal he be not removable and he may levy a fine and confess a statute or  judgement but these be abolish by statute of h a prior dative and removable  who have neither a convent nor a common seal and who never be implead nor  impleadable bring a writ of error upon a fine levy by his predecessor and this  matter aforesaid be assign for error this assignment Jenkins er p of error  abate his writ for it be repugnant that the successor of such a prior shall  have a writ of error if be can not implead nor be implead and such prior if he  have no convent be but as a monk and a fine levy by a monk of the possession  of the abbey be void for part Finis nothing to have contrarian allega non be  andiendus error may be bring upon a void judgement a proclamation make on  Sunday be void yet it may be assign for error to reverse a fine but a party  and privy ought to bring this writ of error a levy a fine of land to b c can  have a writ of error to reverse this fine although c be in possession and  tenant in feesimple of the land
case VII h Keyleway dyer office record c cap a office find that a manor be  hold of the king but it do not mention any tenure if there be any record which  express the tenure it will serve as well as if it have be find in the say  office if a office mention a tenure by knight service it be to be understand  in capite by all the judge at commonlaw although a tenure of the king be only  find that be understand a tenure in capite Br case but now by the statute of  the second of e cap a melius to seek after shall be award in this case
case VII James Cr dame morrison case slander report that arscott report that  he have the use of the plaintiff body whereas arscott never say so nor ever  have by which word she lose her marriage with one a then suitor to her who  desist by reason of this slander judge actionable affirm in error
case VIII above lessee for year be plaintiff in replevin the defendant avow  upon a as his tenant a the tenant come and say that he be a the tenant and  that the plaintiff be his lessee for year resolve by all the judge of England  that a may join in aid gratis at the first day without process and that both  may disclaim and that the plaintiff shall recover his damage and the defendant  shall be amerce in the case of a tenant at will where there be a joinder in  aid to he in replevin no disclaimer lie for he in this case for he lose  nothing if a tenant at will be plaintiff in replevin he may have aid but not  where be be defendant in trespass unless he be tenant at will by the custom
case VIII e Fitzherbert coroner a b h   light ab Stamf e h p c a have a  daughter his heir apparent this daughter have a son she die in her father  lifetime then a be kill this son shall have a appeal of the death of his grand  Jenkins er p father for by the death of his mother in his grandfather lifetime  the son be the immediate heir to he by all the sergeant in England
case VIII Elizabeth dyer coroner certificate attainder acquittal clergy Stamf  a Poulton n Abr a felon have his clergy once in the king bench he be indict  and arraign for another felony in a circuit the judge of the circuit shall  send their letter under their own name to the clerk of the crown of the king  bench to be certify of it if a principal be attaint or acquit in one circuit  and a accessary to this principal be indict in another circuit the judge of  this last circuit shall send a writ to the judge of the other circuit under  the king testae to be certify of this attainder or acquittal by the judge of  both bench the judge of the king bench be within the meaning of e cap to be  certify of the attainder or acquittal of any person in any other court
case VIII h h h by all the judge of England in trespass the party be at issue  at the trial some of the juror appear and some make default a distringa with  ten tale be award upon this distringa a full jury appear at this day a  protection cast for the defendant shall be allow for he be then demandable and  the end of a protection be to excuse his default a protection do not lie after  a juror be wear
case VIII h Keyleway forcible entry judgement in trespass or assize upon the  statute of forcible entry h cap the defendant be condemned by non sum shape he  shall pay Triple damage and Triple cost so adjudge and affirm in error the  word of the statute give they where the recovery be by verdict or otherwise in  due manner and this judgement be in due manner although not by verdict
case VIII r indictment coroner principal and accessary a murderer be indict  before a coroner super look substantial object but the indictment be  insufficient the body lie in the sepulchre fourteen day and be dig up and the  murderer be indict again and some that be accessary before the fact the first  indictment be void in law and it omit the accessary before the fact by the  judge of both bench this dig up the corpse and the due indictment be accord to  law Jenkins er p non apply hindrance quod de jure non cast or draw lots  execution the first indictment because it be void can be no hindrance to a  second the coroner have nothing to do with the accessary after the fact for  they do not concern the life of the man slay but the receipt of the manslayer
case villers against ball and other easter term will and mary roll a action  for stop light good without allege the house or light ancient case for stop of  light and say only quod possessionat of such a house in which he have and to  have to withhold such and such light on demurrer exception be take because it  do not say time out of mind nor so much as that it be a ancient house and that  the light be ancient but hold well enough upon the case of sand v Trefuse cro  car a
case vine against DODERIDGE a modus to pay two shilling in the pound on the  yearly rend in lieu of all tithe be have prohibition be move for to stop a  suit in the spiritual court for tithe upon a suggestion that there be a modus  to pay two shilling in the pound of yearly rend for all tithe holt chief  justice a modus must be of something certain that may be demand in the  spiritual court and here suppose the land be let out for a fine and five  shilling rend what become of the modus or of the parson and a custom can be  lie in a rend which be alterable at the pleasure of the party and beside this  custom will amount to a plain non decimand vide the great case in Ro ab to pay  two shilling for all tithe hob and he say modern report if the case of Perkin  v Perkin come in question again he will desire to hear it argue for he be not  satisfy with the judgement of it c Inst ray hawk p c ch S modern report er p
case vinncent against preston when a plea begin with a quoad it be restrain to  what that refer to and shall not be extend further S c post plaintiff declare  on two several promise of fiftyfive pound defendant plead that quoad the first  fiftyfive pound plaintiff act to have non debet because there be but one  fiftyfive pound due at the time of several promise and that the several  promise be for that one fiftyfive pound and that after the several promise be  pay the say fiftyfive pound and conclude in bar of the action general and per  curium if you have say thus that action non c without the quoad it have be  well but here you lie your plea to the first fiftyfive pound by the quoad and  modern report though your conclusion be general yet it shall not enlarge the  plea which be restrain in its beginning and if trespass be bring for assault  battery a but see king and his wife v Jones stram ld ray Com dig abatement h a  see Mod ld ray rule of court Trin will and Trin Geo Tidds practice modern  report er p and wound it will not suffice to answer the wound for the one may  be without the other videlicet the battery without the wound and they all  agree that when one begin his plea with a quoad be thereby restrain it to what  the quoad refer to and though the matter of the plea be such as will go to the  whole and the conclusion be general yet it shall not go beyond the matter to  which the quoad refer
case violet against blague a ship lie at anchor at limehouse be not within the  admiralty jurisdiction Inst cro car more roll Rep roll ab Owen side Com dig  Bac Abr prohibition pray to the admiralty for that violet libel in that court  against blague suppose he to be in a ship lie at anchor at limehouse the libel  be in nature of a detinue at the commonlaw and because it be in corpore  comitatus and not within the admiral be jurisdiction the prohibition be pray  and a case cite in James where a ship lie at anchor at Blackwall be break by  another ship and thereupon suit be commence in the admiralty a prohibition be  grant et per curian it be grant in this case vide tempt Edward avowry Edward  conusance Edward coroner
case viscount DUNBARRS case debt for rend to the king shall be except out of a  pardon though not put in charge in the exchequer   Mod lev hard the justice  and baron be assemble at sergeantsinn in Chancerylane by the king command upon  a question concern the king in a case prosecute by dr chamber against viscount  Dunbar where a feefarm due to the king out of the land of the viscount of do  be arrear for diverse year be omit out of the charge by the connivance or  negligence of the clerk who ought to have put it in charge and so continue  until the pardon of James whether it be discharge by the pardon?And it be  resolve that it be not for it be a debt to the king and the omission of a  clerk shall not prejudice he as also because it be except by the pardon if not  by the word at leastwise in the intent
case vuhitchurch versus golding Lord chancellor king mos Eq can ab pl in a  bill pure for the discover of a deed or to have the deed deliver up no need of  annex a affidavit that the deed be lose by if relief be pray general as to  recover the money on a bind upon a demurrer for not annex a affidavit that the  deed inquire after by the bill be not in the custody of the plaintiff and upon  debate of the matter and look into the case in Chan case Scythian plant and  vern it be rule by Lord chancellor that if a bill be bring only for discovery  and deliver up of a deed or deed and which pray no other relief there it be  not necessary the plaintiff shall annex a affidavit that he have not the deed  or deed in his custody for it can be intend a man will bring a bill only for  discover or deliver up of that deed which he himself be possess of but if the  bill be for relief general upon any deed or bind as to recover the money upon  the bind or the profit of land under the deed in this or the like case there  must be a affidavit annex to the bill that the deed be not in the plaintiff  custody because such a bill do by consequence seek to transfer the  jurisdiction from the commonlaw to the court of equity demurrer overrule Reg  lib b fol by the name of Whitworth v Golding peer William and note the very  next day in the case of sander versus Stephens on peer William er p demurrer  to a bill for want of a affidavit annex that the deed be not in the plaintiff  custody the Lord chancellor give the same rule with the same diversity and so  anon atk dorm v fortescue atk king v king mos
case wade against Atkinson in the exchequer Chamber judgement in debt against  a administrator reverse because the declaration do not show by who nor by what  authority the administration be commit post side Jones Lut dougl error in the  exchequerchamber of a judgement in the king bench the error assign be because  in debt against he as administrator he do not show by who nor by what  authority the administration be commit and in proof thereof he rely upon Henry  pl and bk of Ent where it be show by who the administration be commit and the  prothonotary of the common plea certify that the course be to say who  administration undertaking be by such c whereto it be say there be not any  question but that such a declaration against a administrator show by what  authority the administration be commit to he be good and if this clause be  omit it be well enough for there be not any reason the plaintiff shall be  enforce to show by what authority the administration be commit whereof  peradventure he have not any conusance but the justice and baron hold it to be  erroneous for as well as he take conusance that he be administrator so he may  croak throw take conusance by who mean he be make administrator for otherwise  he may charge he as executor de son tort demesne if he be not administrator  wherefore judgement be reverse a
case wade against buzzard word actionable I roll ab plead   a I Com dig action  on the case for these word thou have forge a obligation and I will prove it  the defendant justify because he have forge such a obligation in the name of  Wendy the issue de son tort demesne c and find for the plaintiff it be now  move that a action lie not for these word for he do not show that this  obligation be seal and deliver the court hold it to he well enough for it can  be otherwise intend for without those circumstance it be not a obligation but  a write only but they hold that for say thou have make a false bind a action  lie not for that may be upon false instruction second it be allege that this  issue be not good for there be a special forgery allege it ought to be special  traverse the court hold the issue to he well enough and if it be not good it  be aid by the Henry c a wherefore it be adjudge for the plaintiff a this case  be move again in mich term and adjudge for the plaintiff post a see also Ann c  croak Elizabeth er p
case wade and his wife against smith error to reverse a outlawry must he  assign in person ante Leon Carth error to reverse a judgement and outlawry  against they in debt and because it be to reverse a ouilawry it be hold that  they can not assign error but in person and because the baron can not bring in  his feme it be hold that he can not assign error for he can assign it without  his feme and so it be rule by the court and the course of the dourt be that it  can be otherwise assign a a   a say vide will mary c S croak Elizabeth er p  easter term Elizabeth in the common plea sir Edmund Anderson Knt chief justice  Thomas Walmsley Esq Franci I Heaumond Esq Thomas Owen Esq justice sir Edward  Cok Knt attorneygeneral sir Thomas Fleming Knt solicitor general
case wait versus whorwood on exception April if a executor for the benefit of  the testator estate shall invest part of it in the fund or transfer money from  one stock to another this be not a conversion but you may still follow it as  much as if it have continue in the same condition as at the testator death if  a executor change and alter the nature of a testator estate it have be insist  that this be a conversion by the executor and that as money have no earmark  you can follow it see rial v rial ante vol but the executor by such  transaction have make himself liable to a devastavit now in general this rule  be right but if a executor for the benefit of the testator estate shall invest  part of it in the fund or shall transfer the money from one particular stock  and invest they in another this atkins be not a conversion or appropriation by  the executor of a testator estate but you may still follow it as much as if it  have continue in the same plight or condition as it stand in at the death of  the testator for in the nature of the thing itself the executor can do no  otherwise where a testator estate be stand out in the fund for of course they  will require to be vary and change accord to the circumstance of thing see  Harrison v Harrison ante Worsley v earl of Scarborough post vol
case WALDEGRAVES case a declaration can be deliver on a Sunday a declaration  be deliver on Trinity Sunday and it be debate on motion whether such delivery  be not void by the statute of car c and per holt chief justice strong it be  for first it be no act of necessity within the meaning of the statute as put  of ecclesiastical process upon the church door a or make a tender to save a  penalty and be say he will take the word process for proceed and such  construction as tend to a better observation be to be make and this  declaration as deliver can not be take notice of without break of the sabbath  till Trinity term for modern report that by the statute of Henry c begin on  Monday but quind pasch be indeed always on the Sunday but be keep on the  Monday and per ill if a arrest of a person that skulk all the rest of the week  be void on Sunday a strong this will be but gold et powis justice dubitaba b v
case Waldo against lambert easter term Elizabeth roll the return of a rescue  be a good plea to a action for a escape on mesne process but not on execution  action upon the case against the defendant sheriff of Southampton for that  whereas the plaintiff have sue a latital against one Arthur lake who be indebt  unto he in such a sum by bind to the intent that he be arrest and have I put  in bail accord to the course of the court he may declare against he for that  debt and that this writ be deliver to the defendant be sheriff of the county  of Southampton for that intent and he arrest he and afterward at Westminster  in the county of Middlesex suffer the say lake to escape the defendant plead  that he arrest he accord as the plaintiff have declare but that afterward in  the same county he rescoussed himself there per gentle de county without hoe  that he suffer he to escape at Westminster it be hereupon demurred  and  adjudge to he no plea for the sheriff at his peril ought to keep his prisoner  and may take sufficient power of his county to arrest any one upon mesne  process a and although it be allow a good return here and process shall he  award against the rescoussers to punish they yet this be no answer in a action  bring against he for such a escape b also the traverse the place of the escape  be not good lord he can by the traverse make the place material wherefore it  be adjudge for the plaintiff notam Hilary term James may case c it be adjudge  that where the sheriff return rescous upon a mesne process this be a good plea  in a action upon the case see also will c
case Waldron against ROSCARNOT Hilary term car roll if a fine be levy of land  in a and the party have land also in b yet if the constable of a be also  constable of b all the land shall pass for in such case both place constitute  the same will S C keb S C vent ante Poph Savil show sand Danv Mod Mod salk  ejectment a special verdict find a fine levy of all the conusors land in a and  that he have land in b that a tithingman be appoint in b but that the  constable of a exercise their authority not only in a but in b also hale chief  justice it be true one parish may contain three will the parish of that may  contain the will of a b and c that be when there be distinct constable in  every one of they but if the constable of a do run through the whole then be  the whole but one will in law or where there be a tithingman it may be a will  but if the constable run through the tithing then it be all one will I know  where three or four thousand pound ayear have be enjoy by a fine levy of land  in the will of a in which be five several hamlet in which be tithing but the  constable of a run through they all and upon that it be hold good for all here  be a case of the constable of blandfordforum wherein it be hold that if he  have a concurrent jurisdiction with all the rest of the constable the fine  will have pass the land in all in some place they have tithingmen and no  constable pollexfen lambard be that the constable and the tithingman be all  one hale chief justice that be in some place bring e situation be a proper  word for a constable and decennarius for a tithingman
case walker against BALLAMIE easter term James roll if a deed be plead and the  estate to which it refer be execute it need not be show post   light a b roll  ab     lev Bac Abr Onslow n p trespass the case be a lessee for year upon  condition that he shall not alien any part without licence in write from the  lessor obtain licence in write to alien croak James er p part the lessor  afterward grant the reversion and the lessee attorned and after alien part the  grantee enter the lessee bring trespass the grantee justify by reason of this  condition the lessee show that he do it by licence in write but show not the  write and it be thereupon demurrer and resolve per curian that the plea be  good croak throw enough without show it because the licence of its nature can  be without write and there do not any interest pass thereby but a restraint  only set upon a liberty and it be a thing execute and his assignee  peradventure have it for the fortify his estate and it be hold that although  the alienation be after the grant of the reversion by the licence of the  grantor yet it be good enough and it be adjudge accord
case walker against Nicholson covenant on a indenture of apprenticeship plea  infancy replication the custom of London that a infant may bind himself queen  if this be a departure in plead   light a Leon lev side cro car sand Com dig  term Rep croak Elizabeth er p covenant and declare that the defendant by  indenture have bind himself apprentice to the plaintiff for seven croak  Elizabeth year and have covenant that he will not depart within the say term  and show that he depart within the term whereupon he bring this action the  defendant plead that he be within theLage of twentyone year at the time c the  plaintiff reply that the custom of ondon I that any infant above the age of  twelve year may bind himself to he a apprentice c upon this replication it be  demurrer in law and the cause show for that it be a departure in plead a  Fleming the queen solicitor move that it be not any de arture but stand well  with the declaration and in proof thereof cite Henry pl and answer the  yearbook of hen pl that where a custom be allege general that any one may  devise c he can maintain it afterward by another custom that a infant may  devise for there he diverse custom the court seem to doubt thereof wherefore  they will advice but they say that notwithstanding this custom a collateral  covenant shall not bind a infant el adjournatur
case walker against riches if a elegit omit the word et center point the earth  c the sheriff can deliver the moiety of the land dyer   light cro James vent  vent Carth dougl a elegit issue after judgement and the writ recite the  judgement quod elegit performance of the good and moiety of the land and the  writ be therefore flute be in charge a see Com dig croak car er p cipimus quod  good et catalla croak car of the defendant who to have die judgment prediction  return to weigh well facias omit these word et center point the earth et  property to say before tenendum the say good and moiety of the land until what  time debt is owed leveter by virtue hereof the sheriff extend the land and  good and deliver the moiety of the land and return the inquisition and it be  now move by calthrop that this writ may be amend for it be but a misprision of  the clerk and that the extent may stand but it be rule that it shall not be  amend and that he ought to have a new elegit because the inquisition be take  without warrant the sheriff have no warrant to extend those land
case walker cagainst atwood if a bill of exchange be draw on a without mention  at what time it be to be pay a parole promise by the drawee to pay it at any  subsequent day be a good acceptance within the custom of merchant a action be  bring on a bill of exchange the bill be draw the eight of April upon atwood to  pay fifteen pound to Godfrey the bill be show to atwood he promise to pay it  on the eighteenth of April afterward this bill be assign to walker who bring  this action and declare on the custom c upon a demurrer to the declaration Mr  Salkeld for the defendant say that the bill be to pay a sum of money and no  day say when it shall be pay it must be pay on sight therefore this promise to  pay two or three month after videlicet the eight of September be a new  agreement and consequent the action must be find on the new agreement and not  upon the custom of merchant Powell justice the custom of merchant be by the  acceptance and a promise to pay at such a time be good and he be bind by the  custom of merchant by acceptance to pay at the time appoint a see Wegerstoffe  v keen stram petit v Benson comb bishop v city stram Jackson v Pigot salk  Mitford v Walcot ld ray a and therefore the plaintiff have declare well on the  custom of merchant and if it shall not bind he on the custom it will not at  all because no indebitatus assumpsit lie on the acceptance judgement be drive  for the plaintiff nisi by Powell powys and gold justice holt chief justice  absent
case walker vers lester the plaintiff in the record of nisi prius omit the  word et pillage quer scilicet but it be hold amendable by the original record  above p and the case there cite this be a action of debt for money lend at a  play call allfours comens er p the defendant plead nil debet the plaintiff in  the record of nisi prius omit the word et pillage quer scilicet and after  trial before king chief justice in Sussex and a verdict for the plaintiff  judgement be arrest and now the plaintiff move that the record of nisi prius  shall be amend by the original record and per cur it shall be amend for the  omission be only the misprision of the clerk cro harrison case and salk be  case as strong as the present case
case walker versus PENRIE Lord chancellor Mercury Julii Ant case this cause  come again this day to be reheard and the single question insist on be whether  a mortgagee have receive interest upon a old mortgage after the rate of pound  per cent after such time as the interest be reduce to pound per cent by the  statute shall allow or discount the pound per cent towards satisfaction of the  principal the court confirm the former decree to wit that the pound per cent  pay to the mortgagee for interest shall be by he Vernon chancery case retain  as such and that the pound per cent shall not be discount nor apply towards  satisfaction of the principal vide post S c
case walker versus Penry in court Lord chancellor Jupiter die maii Eq can ab  pl pre Ch S c statute reduce interest whether it affect precedent security  post case the bill be to redeem a ancient mortgage and forasmuch as the  mortgagor have pay interest after the rate of pound per cent until whereas  interest by the act Vernon chancery case er p of parliament in be reduce to  per cent the question be whether the pound per cent from shall not be allow to  go in discharge of so much of all per cur the contract be make prior to the  statute for reduce interest to pound per cent and the contract have not be  vary and pound per cent have be voluntary pay they see no reason to relieve  the complainant for the statute for reduce interest respect only subsequent  contract and as in this case no Indebitatus assumpsit will lie at law recover  back the pound per cent so there be not any just ground to decree it in equity  and the pound per cent will Vernon chancery case have be asset at law in the  hand of a executor that have receive interest after that rate the court decree  that from the time of the defendant entry which be in he shall be allow  interest but after the rate of pound per cent but think not fit to give the  plaintiff any relief as touch the pound per cent that have be pay from until  and if at any time before the defendant entry pound per cent only have be pay  and receive the master in compute the interest be to allow no more Reg lib b  fol enter walker v Powell and so decree on a rehear July Reg lib b fol send  vide post S c proctor v Cooper pre Ch hedworth v primate hard
case walkin against osborne queen at what time a appellant must find pledge to  prosecute the appeal SC Jones appeal of felony urge that pledge may be put in  any time before judgement where a original be the pledge be file or endorse on  the back shower KB of the writ and sometime mention in the body of the writ  but whether the party be in custody or not he ought to find pledge to secure  the king of his amerciament and hold that in appeal pledge ought to be find  before any answer by the appellee a demise be make before the bargain and sale  enrol and hold fatal and not amendable but see SC show notorious facts a see  Shuttleworth v jennet Carth Mod city of York v town ld ray Mod Evelyn v Evelyn  burr mayor of Exeter v Tremlet will Whitfield v hunt dougl notorious facts  steward v baker term Rep b and see Milward v thatcher that on writ of error  the question whether the judge below be proper qualify can be enter into it be  sufficient they be judge de facto in a court have jurisdiction of the subject  matter term Rep c king v Sutton sand a SC Jones under the name of Blenkarne v  Osbourne say that it be resolve on argument that pledge may be find at any  time before judgement but see Rastalls Ent Wilson v law Mod castle v Bambridge  stram shower KB er p
case wall against duke lie no particular time in trespass cure by verdict  trespass after a verdict for the plaintiff it be move in arrest of judgement  because the trespass be only lie to be to visit a day et turn without lie any  particular time per curian it be well enough after verdict on the same reason  with the case of Blackhall v Eccles a this term
case waller and petty against sand Trinity term car roll a reversioner can  sell the timbertrees during the life of a tenant for life without impeachment  of waste ante roll Rep Latcb Allen   a   more   light a vern Bac ab Eq Cas atk  Com dig term Rep trover and conversion of two hundred load of timber and two  hundred load of stockwood upon not guilty plead and a special verdict the case  be tenant for life without impeachment of waste except voluntary waste he in  the reversion bargain and sell the timbertrees grow upon the say land to the  plaintiff the tenant for life cut down the tree and sell they to the defendant  and be sell they to one green the question be whether the bargainee of the  tree shall have a action of trover against the vendee of the tenant for life  the tenant for life cut they and sell they be yet alive as it be find by the  verdict a it be move again this term and judgement give for the plaintiff see  post page croak car er p hide for the defendant argue that he shall not for  during the life of the tenant for life although the lessor or he in reversion  have a general property yet he have no authority to sell they the tenant for  life have a particular interest and authority in they and his sale be void his  bargainee have no interest to maintain the action vide Henry pl dyer   Lyfords  case b   light a bowl case f a et adjournatur
case Waller case the proceed in to know facias against bail shall be stay on  their confess judgement and enter into a rule to pay the debt or deliver up  the principal within four day after judgement affirm the court be move to stay  proceed on a to know facias bring against the bail there be a writ of error  depend in the exchequerchamber the court modern report the rule in the case of  mire v Arthur stram a upon a motion in this court in easter term in the seven  year of George the first be that if the defendant in the to know facias will  confess judgement and enter into a rule to pay the debt or to deliver up the  principal within four day after the judgement shall be affirm the proceed on  the to know facias shall be stay the chief justice be of opinion that the like  rule shall be make in this case it be true the plaintiff in the to know facias  be to have judgement immediate against the bail but be be tie up from sue out  execution until four day after the judgement shall be affirm and then on  nonpayment of the debt or not render the principal he be at liberty to take  out execution and by this mean expense will be save on both side see Aldridge  v Snowden post Everett v grey stram coal v Buckland stram Richardson v jelly  stram forelocks v archer burr Rep b
case wallis against Pipon that August creditor can sue a administrator on bind  take by virtue of stat car but may on bind give by administrator pendent light  see archbishop of Canterbury v well salk Ashley v Baillie Ves Blackborough v  Davis p wms petit v smith ib Greenside v Benson atk letter of administration  with will annex be grant to the plaintiff as attorney and for the use of the  defendant who be executor of and reside in jersey which be afterward revoke on  defendant to England and prove the will bill and motion by plaintiff to  restrain defendant from sell out and dispose of the money in the fund which  belong to testator on a apprehension that plaintiff may be liable to be sue by  creditor for not have discharge the testator debt with that money during his  limit administration Lord Hardwicke chancellor say that creditor can sue a  administrator on bind take by virtue of stat car c for such bind be intend  only for the benefit of the legatee the next of kin and person entitle to the  residue V Greenside v Benson Trin in chancery but bind give on grant of  administration pendent light be not within that statute but be discretionary  and creditor may sue upon it freeman v freeman p wms order for injunction  dissolve on term there be no entry of any case under this title either in he  register book or in the minutebook but from the fact as state in the text it  will appear to arise out of the case of Pipon v Pipon Amb ambler er p
case wallis versus HODGESON October upon exception see hood v pimm sim when a  will be to be establish the testator must be prove to be of a sound and  dispose mind Lord chancellor say it have be determine over and over in this  court that you must show the person to be of sound and dispose mind where a  will be to be establish as to real estate and especial if thereare infant in  the case prove it to be well execute accord to the statute of fraud and  perjury be not sufficient vide Harris v Ingledew p W if say his lordship they  can have produce evidence on the part of the plaintiff of any act have be do  under the will relate to the real estate he will have dispense with the rule  be a mere matter of formality
case Walmsley against HAVAND if the first to know facias he return nothing and  the bail bring in their principal before the second to know facias be award  they shall he discharge post roll ab cro James more bring Reg Bulst barn ld  raym burr term Rep assumpsit the plaintiff recover and afterward take forth a  capias against the principal party which be return non be invention he then  take forth a to know facias against the bail and they be return nothing before  the to know facias award the surety bring in the principal and he pray that he  may render himself to prison in discharge of his surety and whether he come  time enough be the question afterward he be award to he commit to the  Marsbalsea in execution and the surety be discharge and it be say by the court  that there have be diverse precedent of that kind in this court and although  he have render himself after the second to know facias award before judgement  thereupon he have be receive wherefore c
case walsal against heath Michaelmas term Elizabeth roll a lease for year by  husband and wife without deed be void as to the wife a recovery by the name of  Isahel instead of sibyl be void and a mere rend can be deliver upon a elegit  ut liherum property ante Sav dyer b Leon   b cro James Bac ab Bac ab replevin  the avowry be that I S seize of land for the life of Sibil his wife in right  of his wife the reversion in fee to the baron he and his feme make a lease for  year without write reserve rend per annum the baron heinor indebt by  obligation make the say Sibil his wife executrix the debtee bring debt against  her by the name of Isahel and recover and upon a writ of become faciasa  devastavit wit return and thereupon a elegit award and the sheriff return that  Isahel have rend issue out of that land upon a demise make by her and her  husband and deliver the moiety of that rend and thereupon he avow for the same  and it be thereupon demurrer and adjudge ill for three cause first because a  lease for year by baron and feme without deed be void against the  feme Secondly the recovery against Isahel be void against sibyl and the  sheriff can extend her land three the sheriff deliver the rend without the  land so as there be not any reversion it be but a rentseck and a bare rend can  be deliver u liherum property wherefore it be adjudge for the plaintiff
case WALSAM versus skinner Eq Abr S c pale yellow Rep S c a afterborn child of  a freeman of London shall come in with the other for a customary share the  three part of a freeman of London personal estate which he have a power of  dispose of shall upon his die intestate go accord to the statute of  distribution in this case it be agree by the counsel on both side that a  afterborn child shall come in with the rest for their customary share of a  freeman of London personal estate dly it be agree as a undoubted rule that  where a freeman die intestate leave a wife and child that one three part of  his personal estate and the widow chamber be to go to the wife one other three  to the child and the dead man three to go accord to the statute of  distribution videlicet two three to the child and the other three to the wife  and that the dead man three be not at all under the control of the custom  precedent in chancery de boundary S mich in curian porter
case walter against daw Trinity term Elizabeth roll a judge of assize can  prescrihe for the appointment of a officer to ingross his fine within the  circuit of which he be judge but if a action lie it must he try where the  office be exercise roll ab gold more Cowp assumpsit as executor to Rohert  Walter his father for that whereas the say Walter the testator be justice of  assize in the county of Glamorgan and two other the adjoin county and that  every justice of assize there have use time whereof c to appoint a officer  call the clerk of his fine who have the engross of all fine within the say  circuit and have S for the engross of they the defendant in consideration that  the testator will appoint he to that office assume to pay unto he twenty mark  per annum Interrog  he shall exercise it and that the testator appoint he to  that office and that he execute it for three year and for nonpayment of these  twenty mark per annum for the three year he bring the action the defendant  plead that he do not exercise that office and issue be join thereupon and try  by a v isne of d in the county of Worcester where the action be bring and find  for the plaintiff this matter be allege in arrest of judgement because this  office by intendment croak Elizabeth be to he exercise two the county in Wales  and then the trial ought to have be in the county of Hereford be the county  next adjoin and not in the county of Worcester and of that opinion be the  whole court for although the office may he exercise in any place by engross  the fine in any place yet it shall not he so intend to he out of the circuit  unless it he express show they also hold that this be not any office and  therefore the appoint he to he his cl rk of the fine be not any consideration  to maintain this action wherefore without further argument it be adjudge for  the defendant absent gawdy
case walter against laughton a declaration on a penal statute conclude et ind  c shall be intend tam pro c this be a action who tam and the objection be that  the conclusion be et ind to lead forth sectan a ancient ind to lead forth  sectan be produce witness Edward Fleta lib cap sect cap sect Edward Edward  note to the former edition a general and not tam pro owner queen how pro he  himself but it be resolve that this must be so understand and precedent be  both way judgement to answer ouster be award modern report er p
case walter against Mansell the venire facias in a issue in a inferior court  may be de vicineto ante post roll ab error of a judgement in Newbury the error  assign be because that in assumpsit there the defendant plead non assumpsit  yet the venire facias be de vicineto de Newbury where it ought to have be de  Newbury for they have not any jurisdiction out of Newbury and for this point  be vouch Henry pl and a case of Loggins v Ferrer but upon view of diverse  precedent that the venire facias have be hold good both way the court be of  opinion although the corporation do not extend their jurisdiction out of the  will yet the venire facias be award de vicineto de Newbury those of the town  may well be return and accord judgement be affirm
case walter against pigot Trinity term Elizabeth roll a bind in see pluagentis  et quinquagintis scales be good for more hob yely Lutw   cro James cro car Com  dig debt upon a obligation de septinge vita el fifty scales the defendant  demand oyer of the obligation which be to go away see tender in sepluagentis  el quinquagintis scales the condition be for the payment of at a day c the  defendant plead variance betwixt the writ and bind and the court resolve that  the plea be insufficient for septuagenta shall he well take for seven hundred  as wiginti for viginli especial the intent of the party appear as it do by the  condition wherefore the defendant be order to answer and the plaintiff counsel  recite a verse to prove it ginta mark ten send genta that cake centum and the  defendant plead non be factum and it be find by special verdict and adjudge  for the plaintiff croak Elizabeth er p
case walter against warren in what case time in trespass be necessary to be  precise allege this be a action bring by the husband for take his wife away  and ravish modern report er p ing her per quod consortium e per magnum time  videlicet per interval One striving to send away c there be a verdict for the  plaintiff and general damage give it be move in arrest of judgement that a  year have not expire from the first of October the time of the offence to the  time of the verdict and much less at the time of the action commence and  therefore general damage be give it be erroneous a Hobart Mod horn v chandler  more sander Hambleton v veer a case full in point a on the other side it be  say that come under a per quod it be only consequential and lie by way of  aggravation of damage and be not the cause of action that the per magnum time  be enough and the videlicet per interval c shall be reject as surplusage  because impossible modern report Parker chief justice this case be wide  different from the common case of videlicet a time that be altogether  impossible as the thirty of February c for here the whole time be not  impossible and it can be know for how much of it the jury give the damage most  probable to the time of the verdict Adjournatur
case walter Dennis against well Michaelmas term pound Elizabeth roll if part  of a debt he levy on a be made fa and the plaintiff afterward sup a can sa to  outlawry for the whole debt the outlawry shall he reverse I roll ab error of a  judgement and execution sue in the common plea error assign be for that the  say well recover against the say Dennis a debt of four hundred mark and have  execution by become facias and upon it the sheriff return that he have levy  ninety pound parcel of the debt and have the money in court and that Dennis  the defendant have no more good unde c and notwithstanding well sue a capias  ad satisfac of the whole four hundred mark and a exigent upon it upon which  Dennis be outlaw and to reverse this outlawry and execution he bring a writ of  error and for this cause it be hold clear by the court that the execution and  outlawry be erroneous for it ought to have make mention of the ninety pound  which be levy before and the outlawry and execution be reverse but no error be  assign or find in the judgement that be affirm Edward Henry
case walter moiles case a new writ allow to executor in quare hinder by  journey account   b I vent ld raym Cooper move that Walter moil have bring a  quare hinder and die pen the writ and he pray to have another writ by journey  account for his executor for he say he can not have it but by the allowance of  the court and the court grant it but say regard well if it lie in this case or  not and in what form the writ shall he
case walter rippon against richard Norton a promise in consideration that the  plaintiff and his father will forbear to require surety of the peace against  the defendant son will support a assumpsit ante yely   assumpsit whereas one  John Norton the defendant son assault the plaintiff and offer to stab he and  also assault one Richard the plaintiff father and offer to heat he whereupon  the plaintiff father complain to sir Anthony Mildmay justice of the peace and  require the surety of the peace and offer his oath that he fear bodily harm c  that in consideration the plaintiff and his father will desist from any  further complaint and that the defendant son shall no further he trouble  concern it the defendant assume that his son shall keep the peace towards the  plaintiff and also towards his father and allege in fact that they trust to  this promise do not proceed in their complaint and that notwithstanding the  defendant son have assault the plaintiff and heaten and wound he upon non  assumpsit plead and find for the plaintiff it be now allege in arrest of  judgement that the stay and forbearance of the complaint be not a sufficient  consideration as also that the complaint be make by the father and not by the  plaintiff and therefore he have not any cause of action and that the defendant  promise for his son shall not bind he but all the court resolve that the  declaration be good for there be cause to procure the suret of the peace the  stay thereof be a sufficient consideration and the complaint of the one be  sufficient for the other and that the father have good cause to make that  promise for his son and if a mere stranger have make such a promise in hehalf  of the defendant son the plaintiff rely chereupon do forbear the prosecution  of his complaint and he be afterward damnified it have be oood cause of action  b much strong against the father who make the promise for his son wherefore it  be adjudge for the plaintiff a
case walton against jordan a bankrupt can be discharge on the insolvent debtor  Act he have no effect to deliver they be in the assignee in the insolvent  debtor Act there be a clause which give power to a creditor to bring up a  prisoner on a petition and to oblige he to deliver in a schedule of his effect  and so to be discharge the defendant procure one of his creditor without give  notice to any of his other creditor to bring he up by virtue of this clause  and so he get himself discharge but at the time of this discharge he be a  bankrupt and have never have any certificate from the commissioner and  therefore be afterward take by the plaintiff upon a escapewarrant the question  be whether his discharge under the insolvent Act he be then a bankrupt be good  or not the court hold that the defendant discharge be illegal it appear that  he be a bankrupt at that time and therefore can not have any good or effect to  deliver up they be in all the assignee the consequence of which be that this  be a escape and therefore he may be well take up on a escapewarrant modern  hilary term the thirteenth of George the second in the king bench sir William  lee Knt chief justice sir Francis page Knt sir Edmund probin Knt sir William  chapel Knt justice Dudley rider Esq attorneygeneral John strange Esq solicitor  general
case walton v Hobbs December that the rule that you can have no decree upon  the evidence of a single witness against a defendant hold only where the fact  deny in the answer be equal strong with those that be affirm by the deposition  where there be a single deposition only against the oath of a defendant in his  answer and the fact deny in the answer be equal strong with those that be  affirm by the deposition that ere the rule that you can have no decree upon  such single evidence against the defendant will hold but where as in the  present case there be a great many concur circumstance that strengthen and  support the deposition of this witness it do not come within the  aforementioned rule janson v Rany post your v Dodd post only v walker post vol  Le neve v Le neve post vol Ves SC arnot v Biscoe Ves reech v Kennegal Ves  Pember v Mathers bro Charles Rep
case WAPLES against basset a declaration in a action for misfeasance in not  keep a bull must state the obligation to keep it the consideration pay for it  and the injury sustain by the neglect S c kin a special action upon the case  be bring against the defendant for not keep of a bull and a boar and upon a  demurrer to the declaration these exception be take to it first he do not set  forth that the defendant be oblige to keep they either by custom prescription  or otherwise second neither have he allege any particular loss or damage by  his cattle not increase three or that the defendant be rector of a church  ought to find a boar in consideration of pay of he tithe for which reason the  declaration be hold ill
case war versus war refer to henty v wrey Ch d February ante Eq Abr S c  portion provide by marriage settlement for young child to be pay at such time  as the trustee shall think proper one of the child die at seventeen before any  appointment his portion shall sink in the inheritance but maintenance and a  sum pay in place he out apprentice to be allow out of the trust estate upon a  marriage settlement the father have power to raise a term for year in land not  exceed pound per and for raise portion for young child videlicet to the old of  the young son pound and apiece for every other young son and so for the  daughter to be pay at such time as the trustee in their discretion shall  appoint for their better maintenance and preferment the father limit a term  accord and die leave two son and two daughter the young son be put out to a  sea captain and die at seventeen the trustee have make no appointment for  payment of his portion the daughter attain and the trustee appoint their  precedent in chancery er p portion to be pay which be do accord and they  likewise insist on have a share of the young brother portion the old son bring  this bill to have the term assign to he his brother be dead before he have  occasion for his portion and before any appointment by the trustee and  therefore it ought to sink in the inheritance for his benefit precedent in  chancery the master of the roll be of the same opinion and decree the term to  be assign the plaintiff but it be agree all the child be to be maintain out of  the trust estate they have no maintenance appoint in the mean time and what  have be employ for put out the young son to go out of the trust estate
case Warcop against morse assumpsit will lie on a promise to assure land  though make after the sale ante Leon Com dig Bac ab assumpsit and declare that  in consideration he have buy of the defendant three parcel of land upon the  that Decemher he afterward videlicet Decemher croak Elizabeth er p assume to  make he a sufficient assurance thereof before such a day after verdict Godfrey  move that the consideration be execute but it be adjudge for the plaintiff for  the assurance be the substance of the sale and matter
case ware against air if a person voluntary mix his own money with the money  of another that other shall have the whole trespass of assault and battery et  quod finishing touch money contain five mark to take in hand c the case be the  plaintiff and defendant be at play the plaintiff thrust his money into the  defendant heap and mix it and the defendant keep it all whereupon they strive  for the money plaintiff bring this action the whole court be of opinion in  regard the plaintiff own money can be know and this his intermeddle be his own  act and his own wrong that by the law he shall lose all for if it be otherwise  a man may then be make to be a trespasser against his will by the take of his  own good therefore to avoid that inconvenience the law will justify the  defendant detain of all and so it be of a heap of corn voluntary intermingle  with another man whereupon the rule of the court be quod to express grief  nothing to take in hand per billam
case ware against blunt in trover if the defendant plead property in himself  and that the plaintiff find and lose they whereby he seize they it be  tantamount to the general issue and have post cro car yely hob Sav cro James    b latch salk strange Bac Abr action upon the case sur trov er and suppose that  he be possess of diverse lpads of corn and hay at h in the county of m and  that they come to the hand of the defendant by trover and he convert they to  his own use the defendant plead that before the trover he be seize of certain  land in Burton in the county of Stafford in fee and the corn and hay be grow  upon that land and he cut they a his proper good and be of they possess till  he lose they and they come to the hand of the plaintiff by trover and he lose  they again and they come to the croak Elizabeth hand of the defendant and he  convert as it be lawful for he to do and upon this the plaintiff demurrer in  law for the plea amount but to the general issue and this cause be show for  demurrer Egerton move that the plea amount to the general issue for it be no  more than that they be his proper good and then he ought to plead non culp and  if it he a plea he ought to traverse without that they be the good of the  plaintiff for the plaintiff declare that they be his proper good and he ought  to answer it Edward Edward ass two Henry Atkinson contra although this plea  amount but to a general issue yet he shall not have demurrer but ought to have  move theCourt Henry Henry that he shall plead another plea or a nothing to say  he enter for demurrer be join upon it this be confess and then it be to he  adjudge for the defendant but the court hold that inasmuch as this be the  special cause show upon the demurrer it be good and then shall he adjudge for  the plaintiff and afterward the plaintiff have judgement
case ware against ELLAYN easter term James roll process of a inferior court  ante cro car Com dig Bac Abr see also the case of honeywood v martial dougl  error of a judgement in a inferior court the error assign be because the first  process be a capias where it ought to have be a summons and it be therefore  reverse
case ware against knight Trinity term Elizabeth roll a tenant in ancient  demesne shall not he privilege from pa ing toll where he trade as a common  merchant I roll Abr Lut f n b Inst Leon Leon Bac Abr Bac Abr dougl action on  the case and declare that whereas Lostocke be a ancient village and ancient  demesne of the crown of England and that the tenant and man of ancient demesne  be to he quit of toll in all pl Apelles king and that he be a inhabitant and  tenant there and have bring his good to Yarmouth the defendant not be ignorant  thereof have take one cable of his good for toll c the defendant justify for  that Yarmouth be a ancient borough incorporate of bailiff and burgess and have  use from the time c to have a waterbailiff there and have use from the time c  to have toll of the tenant and inhabitant of Lostocke for any of their good  bring there by sea for merchandise and if it he not pay to distrain c and the  laii tiff be a inhabitant of Lostocke bring by sea twenty hundred weight of p  cable rope to Yarmodth for merchandise for which he demand toll and because it  be not pay take this cable rope nQmine severity c and upon this it be demurrer  and it be argue by Golding for the plaintiff and by Hobart for the defendant  and in the same term it be adjudge for the defendant the court give no public  reason of it but private do agree hetween themselves for the substance of the  matter for Wray say it be not reason they shall be discharge for merchandise  and so be the book vide Henry pl Henry pl Henry pl Fitzherbert n b a contra
case ware against lambert Hilary term Elizabeth roll a bargain and sale for  diverse cause and consideration without money be not good though it he recite  the bargainee be bind by recognizance for the bargainer I Ro ab Leon   a vent    cro James strange will wood con pale yellow use I vern upon a special  verdict the case be that one by indenture recite that whereas I S be bind in a  recognizance and other bind for he now he for diverse good consideration  bargain and sell the land to he and his heir the deed be enrol within the six  month a but it be find there be not any money pay and whether this be a good  bargain and sale or not be the question upon demurrer Anderson every owner of  land may part with it as he please if it he accord a Hesides this preventive  redress at commonlaw the court of equity upon a bill exhibit therein complain  of waste and destruction will grant a injunction a see Henry c croak Elizabeth  er p to law and hereit be do show that the bargain and sale be because the  vendee be bind for he croak Elizabeth and if he be yet it can be a good  bargain and sale but if there have be apt word he may thereby have raise a use  by way of covenant but clear not a bargain and sale Walmsley accord in every  bargain and sale there ought to be a quid pro quo but the vendor here have  notbing for his land and therefore it be void but it may have rise by way of  covenant but there ought to have be apt word videlicet a covenant to stand  seize to use for if I give land or bargain or sell land to my son no use arise  thereby add to that opinion the other justice incline that it be not good by  way of bargain and sale but that it have be a good consideration to raise a  use by way of covenant wherefore it be adjudge accord
case ware against Laurence a deputy to a clerk of the crown office have no  privilege of be sue only in the king bench the defendant be arrest upon a writ  out of the common plea bring his writ of privilege as clerk of the crown  office but he be only a clerk to Mr Philip ware who be a clerk of the office  and not be himself a immediate clerk of the office I move the court for a  supersedeas to the writ of privilege and it be grant accord the court agree he  not to be privilege as a attorney clerk be not
case ware against LAVILE Michaelmas term pound Elizabeth roll in replevin the  place of the take must he allege more hob godb Brownl Carth will replevin the  plaintiff count of the take at dale without allege any certain place as the  usual course be to say in in loco vocal c and for this cause the defendant  demurrer and the count hold to he ill for the place be put in the count to  givenotice to what the defendant shall make his title and answer that the will  be too general and uncertain wherefore the count be against the general form  be adjudge to he ill
case ware against sir peter crying Euhan note do not discharge the debt till  pay if there be no default S c ld ray S c comy Rep S c salk S c Mod S c salk S  c holt holt chief justice if a owe b money and give he a goldsmith note in  payment the debt be not discharge till b receive the money if there be not  default in he that it be not pay or if be do not at the receipt of the note  give a acquittance for the debt to a a but if b have a election to receive the  money or a goldsmith note and he choose the note it may be otherwise and more  especial if he give up his former security that he have for the original debt  b this be on a motion to arrest the judgement the objection be that the  statute will mary c S have make the know receive of steal good felony the  offender can not be indict for the misdemeanour and the court after  consideration arrest the judgement for this reason S c ld ray but by whether c  S the receiver may be indict for the misdemeanour though the principal be not  convict and by whether c S if the principal can be take see ld ray Mod case in  c l foster c l term Rep hawk p c that edit ch S a the reason why it alter the  property in London be because a sale in a shop there be in market overt note  to the former edition but in London every shop in which good be public expose  to sale be market overt for such thing only as the owner possess to deal in Bl  Com b Bacon use of law Bl Com but see term Rep a see Anonymous ante and the  case there cite modern report er p if a and b be two goldsmith and b give a  note to c for one hundred pound a get possession of it and bring it to b and  take a new note for it give up his former it be no payment
case ware against thorn word actionable action for word for call he rebellious  and traitorous knave after verdict for the plaintiff it be move in arrest of  judgement that the action do not lie for croak Elizabeth rebellious may he  upon a proclamation of rebellion out of chancery of other court and when  traitorous and rebellious be couple together they be of the same sense curian  for the word rebellious knave action lie not but traitorous be join with it  action lie the plaintiff have judgement
case warner against green excommunication plead in abatement must only be  until what time S c ld ray excommunication in plaintiff be plead in abatement  with conclusion of petit judgment c et quod defendens eat ind without die  absolute and a to answer ouster award for two reason first for the conclusion  ought to be without die until what time plaintiff be absolve for upon  absolution he shall have a resummons second for not have a certificate of the  excommunication a fide Litt     cro
case warner against winch easter term Elizabeth roll in c b if the plaintiff  declare twice on the same original and one declaration vary from the other it  be error ante post cro James error of a judgement in debt in the common plea  the error assign be that the plaintiff declare for a debt upon a action of  twenty pound and after imparlance declare de to make new and therein demand a  debt of eighteen pound and have judgement to recover and it be hold to he  erroneous for that there be but one original and two declaration and the one  vary from the other and therefore it be adjudge here mich and Elizabeth where  in debt upon a obligation date I maii the second declaration be upon a  obligation date maii and thereupon judgement that it shall he reverse  whereupon the judgement here be afterward reverse see and Ann c
case warner against young jn trespass a justification to cut tree for the  repair of a message by virtue of a lease must show where the message be  situate trespass for entry into a wood call Demsilwood in l in Suffolk the  defendant plead that the duke of Norfolk be seize of this wood and of a  message and of land to the same belong and let to he the say message and land  for year by indenture and by it do covenant that for the reparation of the  house and the fence he may take tree in the wood and because part of the house  be decay he take the tree for reparation c upon this the plaintiff demurrer  because he do not show the billage or place where the message c be that if a  issuewas that the message be not in decay no place be know from whence the  venure shall be and for this cause it be adjudge no good plea and the  plaintiff have judgement
case warner case by special custom parishioner may choose churchwarden  notwithstanding the canon of king James in the year post march cro car roll ab  hard lane stram burr salk ld ray Warner one of the churchwarden of Allhallows  in London pray a prohibition for that whereas by the custom of the say parish  the parishioner use every year to elect churchwarden one of the parish who  have bear the office of scavenger sidesman or constable and that every year  one who have be elect churchwarden be elect to continue a year long and to be  the upperchurchwarden and another be choose to he who be call the  underchurchwarden that such a choice be make in that parish of the say Warner  to be churchwarden the parson notwithstanding that election nominate one  carter to be churchwarden and procure he to be swear in the ecclesiastical  court and deny the say Warner as churchwarden accord to the election of the  parishioner and this by colour of the late canon a that the parson shall have  the election of one of the churchwarden and this be against the custom a  prohibition be pray and a precedent show in the common plea easter term James  for the parishioner of walbrook in London where such a prohibition be grant  for it be a special custom the canon can alter it especial in London where the  parson and churchwarden be a corporation to purchase land and demise their  land b and if every parson may have election of one churchwarden without the  assent of the parishioner they may be much prejudice c
case warner vers green in b r after a verdict a declaration in a action on the  case for a way be help though the particular sort of way be not show this be a  action upon the case for stop up a way and the plaintiff declare that he be  seize of eighteen message in saint Buttolph Aldgate and prescribe for a way  from every one of those message over a certain vacant piece of ground c to  such a place and after a verdict for the plaintiff it be object that it be not  show what sort of a way he have whether a footway horseway or cartway say non  allocatur for it be say that he have a way ire Of persons c and after a  verdict it shall be intend a general way for all purpose
case warner versus hone ante Eq Abr S c pale yellow Eq Rep Chan Rep S c brown  Rep in respect of a pecuniary legacy a devise of a leasehold interest to a and  her three son equal among they create a tenancy in common though there be no  mention of any division to be make Thomas Gladwin be possess of several  leasehold house for several term for year make his will and thereby devise his  say leasehold house to whether his wife for her life and after her death I  give and devise the same to Alice bunion and her three son equal among they  and it be decree that they take as tenant in common though there be no mention  of any division to be make or equal to be divide between they and accord the  plaintiff who be administrator of Alice bunion and bad bring this bill for a  account of the profit have a account of the profit for the time pass and that  he shall be let into a four part of the rend and profit for the time to come
case warren against arthur if a lease be make with exception of the tree and a  power reserve to the lessor to enter and cut they down he may assign this  power to another person but if it be not proper pursue the lessee may maintain  trespass both against the lessor and his assignee trespass for break of his  close the defendant plead that the place where be c the land of one Martin who  make a lease thereof to the plaintiff and do thereby except the tree grow on  the same in which lease the plaintiff do covenant with the say Martin his heir  and assign that he and they from time to time during the say lease shall have  liberty and full power to fall the say tree and root they up repair the hedge  where they do grow that the say Martin grant some of the tree to the defendant  by virtue whereof he and the rest of his servant do cut they down which be the  same break of the close of which the plaintiff complain to which plea Mr  pollexfen demurrer for the insufficiency because the defendant do not show  that upon cut down the tree he do repair the hedge as by the agreement ought  to have be do for this be a limit and qualify power ought to be set forth at  large and that it be a power only annex to the reversion and not assignable to  any one else and so the defendant have whole fail in his plea he may have  justify under Martin but not in any of their own right modern but the court be  of opinion that a action do lie in this case both against the lessor and his  assignee act under his power they agree that a bare power be not assignable  but where it be couple with a interest it may be assign and here be a interest  annex to the power for the lessor may sever the tree from the reversion  whereupon judgement be give for the defendant
case warren against consent ante in easter term in the thirteenth year of  George the first the judgement of the common plea be affirm in the court of  king bench by the whole court for that the action be find on the article and  the particular fact be but auxiliary to the deed t plea of nil debet be no  good plea easter term the first of George the second in the king bench sir  Robert Raymond Knt chief justice sir John fortescue aland Knt James Reynolds  Esq Edmund probin Esq justice sir Philip York Knt attorneygeneral sir clement  Wearg Knt solicitor general
case warren against fuzz the court will grant a new trial if material witness  be prevent from attend per curian a new trial ought not to be grant for want  of evidence which the party may have have at trial and bad not but if it be  prove that endeavour have be use but prevent by some unforeseen accident as  sickness of the witness c it may be good cause of new trial see the case of  ford v Tilly salk Faresl
case warren against smith the Elizabeth c do not aid where the imperfection  arise from a disability in the person   salk coke chief justice say upon the  argument in this case which be concern a lease by a college make to queen  Elizabeth that it be adjudge in Elizabeth in bawd case that where a infant or  husband and wife make a conveyance to the queen by bargain and sale it be not  aid by the statute of Elizabeth c for that aid only in case where there be  imperfection in the conveyance and not where there be a disability in the  person who make the conveyance but where tenant in tail make a conveyance by  deed that be aid by the statute for he may make a conveyance by fine
case warren case No cause need be assign for the removal of a common  councilman for his office be collateral to the corporation dyer roll Rep   b  side vent lev Bac ab salk ld raym Cowp dougl term Rep warren be one of the  council of Coventry be remove and obtain a writ of restitution the corporation  thereupon return that they have a custom to elect any to be of the common  council and to remove he ad it pleases and that warren be remove c the court  hold that the return be good and this difference take where a man be a freeman  or alderman c they can remove he from his freedom or place without cause and  in such case such a custom be void because the party have a freehold therein  but to be of council be a thing collateral to a corporation the counsel then  surmise that he be a alderman and remove whereupon a new writ be issue to  restore he to his aldermanship vide Henry pl a see will c and Geo c a see  James c will c Geo c croak James er p croak throw michaelmas term James in the  king bench sir Edward Montague Knt chief justice sir John croak Knt sir John  Doderidge Knt sir Robert Houghton Knt justice sir Henry Yelverton Knt attorney  general sir Thomas Coventry Knt solicitor general
case warren versus Stawell at the roll February before Mr justice Parker a  creditor bring a bill under the statute of fraudulent devise against the  assignee of the devisee only the heir at law be a necessary party and for want  of he the cause order to stand over Gawler v wade p W if a action at law be  bring it must be both against the divisee and heir at law and equity follow  the law in this respect n objection be make for want of party upon the act of  parliament of W m c against fraudulent devise that the heir at law must be  before the court in answer to the objection it be insist that where the  creditor come against the alienee of devisee it be not necessary Mr justice  Parker say the objection must be allow it be admit on all hand that if a  action at law be bring it must be both against the devisee and heir at law and  equity follow the law in this respect but beside this be not a alienee of the  devisee but a assignee of bankrupt only who stand in the place of the devisee  and represent he so that be can by no mean be call a alienee
case warren who tam c against fair information may be bring on Elizabeth c I  cro Elizabeth cro James Leon Allen show Mod Mod stram stram hale hawk p c the  court agree in this case that a information for not come to church may be  bring upon the statute of Elizabeth c S only recite the clause in it that have  reference to the Elizabeth c and that this be the best and sure way of declare  hilary term the twentysixth and twentyseventh of Charles the second in the  common plea sir Francis north Knt chief justice sir Robert Atkins Knt sir Hugh  Wyndham Knt sir William Ellis Knt justice sir William Jones Knt  attorneygeneral sir Francis winnington Knt solicitor general
case WARSOPP against Abel Trinity term will roll the admittance of the tenant  for life of a copyhold estate be the admittance of those in remainder in  trespass and ejectment for a copyhold upon the demise of John Spencer the jury  find a special verdict the substance whereof be that John Spencer purchase  this copyhold and on the twentythird of October in the year take a surrender  thereof to the use of himself for life then to Alice his wife for life and to  the survivor of they and after their decease then to the use of the last will  of the say John Spencer and for default of such will to his own right heir  that he be admit c that he make a will and devise all his whole estate both  real and personal to Alice his wife after his modern decease the remainder to  be divide between his relation on both side accord to the discretion of his  executor and die that the executor enter with ail intent to divide the estate  pursuant to their will but that they be not admit to this copyhold the  question therefore be what estate be vest in they before admittance and what  pass by this will and it be hold that the admittance of tenant for life upon a  surrender be a admittance of those in remainder
case warter against very and spring to a to know facias the bail may plead  that the principal die before judgement be sign ante roll Abr Leon Mod Bac Abr  dougl term Rep to know facias against they as mainpernors of break they plead  that b be dead the day of the judgement give the court at first hold it no  plea for it go in avoid the judgement and prove it to he erroneous which can  be avoid but by error but they may plead the death of break before the to know  facias and after judgement for then they can not bring in the body but  afterward the plea be receive because they can have a writ of error to reverse  the judgement a a see car c and W c S croak Elizabeth er p
case Warwick against skinner and another prohibition to the spiritual court on  a libel for call a woman a jade because no averment that jade mean whore  prohibition pray to a libel in the courtchristian for defamation by these word  speak to the husband of the wife she be a drunken jade a cheat jade and a  stink jade suggest in the libel that jade signify whore a the court at the  first open of the case seem to agree with holt but afterward the judgement be  reverse SC comb shower KB er p Mr Powel insist upon the case of pugh v  Jefferyes a Welsh jade and Welsh rogue that as there so here it be of a  uncertain sense and need a averment of its particular signification in the  place where speak Mr pollexfen e contra the word jade be the same with old  whore as a override horse be call jade and shower KB they be malicious word  speak to the husband concern his wife the prohibition be deny per curian upon  debate because the word be malicious say quaere vim account for a averment  seem necessary c and Mr Powel inform I that the next day they have a  prohibition grant in the common plea
case waterhouse against Woodstreet in the exchequer Chamber on asset find  judgement shall he for the entire debt but the execution shall he only for the  asset in hand and a to know facias may he have afterward on the judgement ante  post   a cro car Ro ab more Cowp error in the exchequer Chamber of a judgement  in the queen bench for l against a executor who plead riens enter main and  find that he have l and judgement quod recupere debt is owed prcedictum et  gubd haheat performance de good testaforis c the error assign be because the  judgement be for the entire where it ought to have be but for the fifty pound  but it be say that the judgement shall he for the entire and that he may have  to know facias upon the judgement when more asset come to the executor and so  be Edward pl and so be the precedent here videlicet pasch Elizabeth roll inter  Haydon and Melford hill Elizabeth roll and Trin Elizabeth roll but the justice  demand more ancient precedent and will advice a see Ann c hob vent side croak  Elizabeth er p croak Elizabeth michaelmas term and Elizabeth in the common  plea sir Edmund Anderson Knt chief justice Thomas Walmsley Esq Francis  Heaumond Esq Thomas Owen Esq justice sir Edward coke Knt attorneygeneral sir t  Fleming Knt solicitor general
case WATIKINSON and joan his wife against turnor in battery against husband  and wife where be plead not guilty and she justify they ought both to join in  the averment ante cro James cro Elizabeth hob Brownl palm Com dig term Rep  error of a judgement in the common plea in battery against the husband and  wife where the defendant watkinson plead general not guilty and the husband  croak car er p and wife quoad the wound plead non culp and quoad the battery  the wife plead justification and conclude with a averment et hoc to make ready  be verify where it ought to have be prepared are verificare  And this be  assign for error over as far as the court much doubt whether it be good for  the husband ought to have join with the wife wherefore they all will advice  and see the precedent in the common plea in this point
case Watkins against ASHWICKE where tender by a stranger be void I Leon owe  more   light b   a Bac Abr will notam by coke that it be adjudge Trin  Elizabeth hetween the say party that where one tender money upon a mortgage  for a infant who be not guardian nor be to have any interest in the land that  it be adjudge a void tender
case Watkins against johns plead in trespass trespass for assault battery and  break of a pack of clothes and take one cloth out of it c the defendant as to  the assault and battery plead not guilty and as to the pack of clothes c he  justify for that the queen grant the office croak Elizabeth er p of aulnage  with the moiety of the profit of it to W Owen and that the say Owen by his  deed hear date c at such place make he his deputy and because the plaintiff do  offer to sell this pack of clothes not have the aulnage seal to it contrary to  the statute he seize it as forfeit upon this plea there be a demurrer snagg  sergeant for the plaintiff argue first the plaintiff declare of the break of a  pack of clothes and take a cloth out of it and he answer to the take of the  pack but not to the take of one cloth out of it which be special mention  second he recite not the statute which make the office of aulnage three he  show that the defendant offer to sell it contrary to the statute and show not  which statute and there be two statute which give several punishment videlicet  Henry c S Edward c a fourthly he justify by deputation from Owen but show not  that the office be grant to he to exercise by deputy for this be a office of  trust and otherwise can make a deputy five he plead that Owen by deed date at  Abergavenny croak Elizabeth make he his deputy but show not the place where  the deed be make which be issuable for it may hear date at Abergavenny and yet  seal and deliver at another place and so there be no place from whence the  venue shall come if the deed he deny and for these cause the plea be hold  clear insufficient and it be adjudge for the plaintiff
case watkinson against man a prehend be within the enable statute of Hen c    light b Leon lev Bac ab wood con upon a special verdict the question be if a  maze make by a prehend be good by the Henry c for he be not seize in jure  ecclesice send Prehend ?And it be adjudge good for a prehend be not except but  only parson and vicar and be not except he be as bishop Popham say in dr dale  case for a house uxta Paul it be so adjudge and so have been twice adjudge in  his experience and Fenner say it be so adjudge in the case of a treasurer of a  church croak Elizabeth michaelmas term and Elizabeth in the common plea sir  Edmund Anderson Knt chief justice Francis Heauniond Esq Thomas Walmsley Esq  Thomas Owen Esq justice sir Edward coke Knt attorneygeneral sir t Fleming Knt  solicitor general
case wats against king if issue be join as to part and nothing say as to the  rest of the plead and a verdict be find on this issue for the plaintiff he  shall have judgement ante hob   b Leon Hardr lev carter ld raym Mod Mod to Rep  amendment ante post Com dig to Rep trespass for enter into his house and close  at Grendon the defendant justify for that a capias utlagatum be award against  one Skelling direct to the sheriff of Somerset who make his warrant to the  defendant to execute it and because it be the common voice and fame that  Skelling be at the plaintiff house he go in a footpath through the say close  to the say house and ask licence of the plaintiff to enter into his house to  search for the say Skelling and the plaintiff licence he whereupon he enter  and search for he and not find he return the same way c the plaintiff traverse  that be do not enter by licence and thereupon issue be join and find for the  plaintiff and now move in arrest of judgement first that there be not any  replication for the close nor any issue join thereupon and so all be  discontinue but coke and all the other justice bold that judgement shall be  give for that point which be find and the discontinuance for the other be aid  by the statute Henry c second it be move that it be a mistrial for John  Whitehead of Whitehead be return and John Whitehead of Whitehill be sworn Sed  non allocatur for the alteration of the name of the will be not material see  James c
case watson against smith trover do not lie for a bind dyer cro car cro James  hard salk bull n p action for trover and conversion of a obligation Walmsley  Glanville and Kingsmil hold that it lie not for if he find the obligation and  cancel it trespass way et arms lie for he destroy the thing find and if he  receive the money and deliver the obligation to the oblige account lie and not  this action Bide register
case watts against Rosewell conclusion of the plea of non be factum S c ld ray  SC salk the case be again movedThe former motion in this case be not report in  this volume it be a action of debt on bind to which the defendant plead that  it be deliver as a escrow to be his deed upon the plaintiff seal and deliver a  general release and that the say release be never sign and deliver and so it  be not his deed conclude with a verification the plaintiff demurrer and show  for cause that the plea ought to have conclude to the country SC salk see v  tempest ante a the case of ware v forth vent SC keb b be quote as a authority  in point that the conclusion be bad for that by the general conclusion he have  waive the special matter of the plea for it be a rule in plead that when a man  plead special matter and conclude general he thereby waive the special matter  and it be agree on both side that here he may have plead general on the other  side the case of man v bucknal keb c be quote which be this debt upon a  obligation the defendant plead it be deliver as a escrow and so non be factum  et hoc be a preparation verify to which the plaintiff demurrer general because  it tend to the general issue and the court say that this be a plea which may  conclude either way and be most usual with this conclusion though general when  the negative plea do waive all precedent he shall conclude to the country as  on non assumpsit infra sex aged but there be no judgement in the case of man v  bucknal the judgement as report by Keble be for the defendant nisi keb but no  judgement whatever be enter on the roll salk it be say however that the court  change the opinion they bad give on the first motion and that judgement be  ultimate give for the plaintiff ld ray d the the plaintiff have judgement nisi  absent holt chief justice
case watts case pardon of incontinency before sentence of deprivation will  discharge cost more cro car Bulst cro Elizabeth Bac ab hawk p c to Rep  prohibition be pray to the highcommission court a for one Watts parson of S  who be there deprive for incontinency and another present to his live and he  thereupon procure a pardon to be restore to his benefice be afterward sue and  proceed against for cost of suit to stop their proceed he have obtain the  pardon before the sentence be give and it be allow per curian for though  another be plaintiff in suit in the court of the starchamber or high  Commission yet they be the king suit and he may pardon they and if the pardon  come before any sentence give they shall not afterward give any cost as   hall  case
case wayman against smith rule grant to show cause why a prohibition shall not  go to a inferior court on a suggestion that the cause of action arise out of  its jurisdiction S C keb S C side S C vent ante post lev Mod sand Inst Mod ld  ray Peer wms a prohibition be pray to the court of Bristol upon this  suggestion videlicet that the cause of action do not arise within the  jurisdiction of the court winnington there be a case here of smith v bind in  Hilary term car roll on a prohibition to Marlborough the suggestion ground on  Westminster cap grant and there needs not a plea in the spiritual court to the  jurisdiction for that be cite modern f n b but be say he have a affidavit that  the cause of action do arise out of their jurisdiction Twisden justice I doubt  you must plead to the jurisdiction of the court I remember a case here wherein  it be hold so and that if they will not allow it then you must have a  prohibition winnington Fitzherbert be full rule that the other side shall show  cause why a prohibition shall not go and thing to stay a in S C keb it be say  the prohibition be deny in S C side it be say that it be grant and S C vent  leaves the matter undetermined say queer if this be not the case allude to by  hale chief justice in Cox v saint Alban where he say that the court will not  grant a prohibition upon a mere surmise that the matter be out of the  jurisdiction psl for the party must avail himself of this defect in the court  below Cowp but if after imparlance a plea be tender and refuse post ld ray  Cowp or if want of jurisdiction appear upon the face of the proceed a  prohibition shall go dougl even to a court of appeal after the suit be remit  to the court below and cost award against the appellant term Rep and without  impose any term on the party apply for it term Rep see term Rep a modern er p
case wayman vers wayman in c b bail shall be give in a action of debt on a  judgement notwithstanding a writ of error if there be no bail in the original  action otherwise not prac Reg barn S c sergeant chapel move for bail the case  be judgement be give for the plaintiff who bring debt on that judgement the  defendant bring error bail be not requisite upon bring a writ of error upon a  judgement in a action of debt find upon a prior judgement because it be a  casus to let go out of the stat James c which be to be take literal and not to  be extend by construction burr Bl Rep SC burr on the original judgement and  put in bail to the writ of error and move that no bail be to the original  action bail may be to the action of debt on the judgement Mr townsend cite a  case where chief justice Eyre consult judge Tracy prac Reg   g SC say will  barn a Jackson and Duchot hill Geo if bail be in the original action in case  and debt be bring on the judgement no bail shall be require but if there be no  bail in the original action but a writ of error be bring upon it and then debt  be bring upon the judgement bail shall be give in the action of debt on the  judgement notwithstanding such writ of error in Kendal v Carey report in Bl  Rep there be a similar determination find upon the authority of the present  case and gold justice be report to say the reason of this practice be because  there have never be bail give in this court the usage of the king bench I  believe be different but I think this court be right these be check against  delay and ought not to be take off comens er p comens de term sanct hill geo  two in c b
case weald and his wife against pea queen if husband and wife may join in a  action for a malicious prosecution post cro Elizabeth ld ray salk Mod stram  queen if a action lie for a false presentment in the spiritual court action on  the case the declaration state that the defendant be vicar of the parish where  they inhabit false and malicious in such a court of the ordinary present that  they make hay upon the Sunday whereupon they be cite and vex c after not  guilty plead the verdict be find for the plaintiff it be move in arrest of  judgement that the action lie not for husband and wife for their vexation be  several at leastwise the wife can have damage for the vexation to her husband  croak throw second that for this presentment in course of law and also in the  spiritual court this temporal action lie not the court doubt upon these reason  and exception whether the action be maintainable and therefore it be adjourn
case wear against whale easter term Elizabeth roll if it do not appear by what  authority a fine be levy it be void error to reverse a fine in Shrewsbury levy  before the bailiff there first error it do not appear that they have any  authority to take fine and they can have it by prescription or by general word  in the king rant second it be levy without any covenant three it be de  messuagio sive tenement which be in the disjunctive and incertain a curian  this fine be void for that it appear not by what authority the fine be levy  for it be in derogation of the crown and profit of the crown pro freedom  concordand and pasch Elizabeth the fine be reverse a roll Abr roll ab king pl  godb t Jones rob gavelk burr part v pl vin ab devise u a pl and parols h see I  strange b post   raym keb godb side roll Rep Plowd b palm hetl style roll roll  Bulst more Owen   light cro James vide I peer will burr I salk c No judgement  be enter on the roll yet more say the opinion of the court be give and hale  cite it as such in the case of the king v Melleng I Ven see stram Fitzgibbon a  see the case of Austin and Steen v Courtney ante croak Elizabeth er p
case weaver against cardan word not actionable b r h action for these word  thou be detect of perjury in the StarChamber  It be hold upon motion that the  action lie not for a honest man may he detect but not convict so no slander  say adjournatur
case web against Dwight debt lie on a bind Payable by instalment after  nonpayment of the first instalment and the judgement shall stand as a security  for the arrear the defendant bad give a bind for two hundred pound to the  plaintiff Payable at certain instalment and the day of the first instalment be  pass and the money not pay the plaintiff bring debt on the bind and have  judgement for the penalty and sue out execution and levy what be then due  together with the cost of the suit and before the second instalment modern  become due the plaintiff take out a second execution for the residue and levy  it but the court on motion to set it aside say that there be a breach the  judgement for the penalty shall stand on a security but that they will not  suffer execution to be execute for more than what be regular due and therefore  they order the money thus levy on the second execution to be restore that the  penalty of a bind be when forfeit the legal debt see the bank v morris stram b  r h bro p c Cotterel v hook dougl and that if a annuity secure by bind be not  pay on the day the penalty be forfeit Judd v Evans term Rep a modern er p  hilary term the seven of George the second in the king bench Philip Lord  Hardwicke chief justice sir Francis page Knt sir Edmund probin Knt William lee  Esq justice John will Esq attorneygeneral Dudley rider Esq solicitor general
case web against sir henry warner a lie person can prescribe in non decimand  and tithe shall be pay for fenny fodder gather in the marsh to feed cattle in  winter ante more cro Elizabeth Com dig Mod bunb Mod ld ray prohibition the  case be that sir Henry Warner libel in the spiritual court for tithe of rough  hay grow in the marsh and fenny land of mildenhall the plaintiff bring a  prohibition surmise that there be two thousand two hundred acre of fenny land  within the parish and six hundred acre of meadow and that the parishioner pay  tithe of hay and grain grow upon the meadow and arable land and have pay  twopence halfpenny for every cow and one penny for every calf and because they  have not sufficient grass within the parish to sustain their beast in winter  they use to gather this hay call fenny fodder for the sustenance of their  beast for the better increase of their husbandry and for this cause have be  always free from the payment of tithe c it be hereupon demurrer in law and  after argument at the bar adjudge for the defendant that this surmise be not  sufficient croak throw for one may not prescribe in non decimand and in that  it be allege they bestow it upon their cattle there c and for this cause do  not pay tithe that be not any cause of discharge for so they may prescribe for  corn spend in their family or for corn give for provender to their cattle  whereby no tithe shall be pay wherefore it be adjudge a ill surmise and  consultation be award
case web against tie Hillary term Elizabeth roll tenant in feesimple expectant  upon a estate for life bargain and sell to a who be make tenant to the  precipice and he vouch the tenant in fee this recovery to the use of the  reversioner for life remainder in tail be good against he by estoppel godb  Leon wood con Pigot on recov Cowp term Rep post c   b the case be Hugh burly  seize of diverse manor in the county of Devon by his deed indent and enrol  hetween he of the one part Rohert Kemp and Nicholas Adam of the other part in  consideration of twenty pound pay by the say Rohert and Nicholas bargain and  sell the say manor to the say Rohert and his heir to the intent that the say  Rohert shall suffer the say Nicholas and h Gifford to recover the say manor  against he which shall he to the use of the say Hugh bury for life remainder  to his son in tail with diverse remainder over which recovery be accord suffer  Haward and brook be then tenant of the freehold of the say manor the reversion  to he against who the recovery be afterward Haward and brook die Hugh bury  enter and let to the plaintiff c two point be move first if the use express in  the indenture of bargain and sale be good second if the recovery suffer  against he in the reversion where the freehold be in a stranger shall bind the  reversioner and his heir the court hold clear as to the first point that the  limitation to the use as this case be be good second that the recovery be good  against he in the reversion and his heir and they command judgement to he  enter accord a
case web versus LITCOT February on a bill bring to establish a will against a  heir at law the court notwithstanding he make default order the proof of it to  be read and say the will can not be otherwise well prove a bill be bring  against several person and the heir at law to establish a will the heir at law  make a default Lord chancellor I have some doubt whether I ought not to hear  proof of the will be be duly prove before I can declare it well prove  notwithstanding the defendant the heir have make default though in common case  the plaintiff be entitle to a decree accord to the prayer of their bill  without read any evidence yet he think he can not regular declare the will  well prove unless he read to the proof of it the register can not recollect  any case where this be the practice of the court but Lord chancellor think it  necessary order the proof of the will to be read vide French v baron atk
case web versus web Eq can ab pl pl S c a on his marriage assign a term for  year in trust for himself for life remainder to his wife for life remainder to  the heir of the body of the husband and wife the wife die leave issue the  whole term vest in the husband and he may assign it Edward web the defendant  grandfather possess of a term of one thousand year saint October on marriage  of his son and portion assign the term to trustee in trust to permit Thomas  web the defendant father to receive the profit for his life and after his  death to permit whether his wife to receive the profit for her life remainder  to the heir of the body of Thomas and whether during the residue of the term  the wife die leave issue plaintiff claim by a assignment make by Thomas the  father Cause first hear at the roll and the bill dismiss upon the reason of  the case of peacock and Spooner ante p that the heir of the body shall take as  purchaser and that the whole term do not vest in the father Vernon chancery  case upon a appeal to the Lord keeper and after search of precedent decree for  the plaintiff that the whole term vest in Thomas web the father and that the  heir of the body of Thomas and whether can not take as purchaser vide p wms S  c and case cite in not there vide Papillon v voice W Kel for observation of  Jekyl master of the roll on the principal case if the legal estate have be so  limit the father must at law have take the whole and the trust of a term must  be govern by the same rule so duke of Norfolk v Howard ante Vol Vernon  chancery case de boundary paschae in curian porter
case webber versus smith lord commissioner commodity maii Eq can ab pl S one  make a lease and the lessee covenant to pay the rend and to repair the lessee  make under lessee the rend be behind and the premise out of repair the  original lease be avoid for nonpayment of rend some of the under lessee bring  a bill to be relieve against the forfeiture equity will not apportion the rend  but the plaintiff must pay the whole rend in arrear and repair all the house  and may compel the other under lessee to contribute a lessee for year by lease  from my Lord Salisbury under a certain rend and covenant to repair make a  hundred under lease the premise not be repair nor the rend pay a reentry be  make and the original lease avoid six of the under lessee be plaintiff against  the head landlord and first lessee all per cur can make any decree to  apportion the head landlord rend nor relieve the plaintiff but on their  payment Vernon chancery case of the whole rend in arrear and repair all the  premise equity will not interfere to relieve against a forfeiture of lease for  breach of covenant except in the case of nonpayment of money hill v Barclay  Ves yes I but have so do they may compel the rest of the undertenant to  contribute
case webley against Gilman in the exchequerchamber it can be assign for error  in a action in the king bench that no bail be file ante hob cro Elizabeth more  to Rep error in the exchequerchamber of a judgement give in the king bench the  error assign be that there be not any bail upon the file and this be certify  accord and that he be not in custodian mareschalli croak James er p all the  justice and baron hold that it can not be assign for error for it be contrary  to the record for the declaration be against he as in custodian mareschalli  and he appear and plead to the issue as a prisoner who be in cusiodia  mareschalli therefore he shall not be now receive to say the contrary  wherefore the judgement be affirm
case webster against jeer to quash the proceed against the bail S c bar a  motion be make to quash the proceed against the bail the plaintiff have  declare for more than be contain under the ac etian in the bill one judge  reply that in the case of Wiatt v Evans salk pl a in the year it be adjudge to  be a discharge of the bail another judge say that in the court of common plea  it be hold good pro tanto but there be two cause of this kind now depend the  proceed be stay in this cause until the point be resolve in the other
case webster versus bishop all vern S c Eq Abr c S c Eq Abr c S c one of the  party to a award make on a submission in court pursuant to the late act of  parliament die before the money pay no Sci Fac can issue against his heir or  executor to in force payment for the award though establish by the court be  not in nature of judgement or decree to be prosecute but in nature of a  contempt which die with the person and so hold all the judge plaintiff and  defendant testator have submit to a award by order of this court and the  testator be award to pay a sum of money and a attachment go against he  pursuant to the late act for nonpayment of the money award the award have be  controvert here by affidavit pursuant to the say act and establish by the  court but he die before any far proceed a to know facias be now pray against  the heir and executor to show cause why they shall not pay the money precedent  in chancery er p it be urge that it will not lie because there be no cause in  court and the statute say only it shall be prosecute as in case of a contempt  in other case and a contempt die with the person on the other side it be say  that this be in nature of a judgement or decree and the executor may be bring  in to pay it if they have asset but because this concern all the court as well  as this the judge be consult in it who all be of opinion that the prosecution  precedent in chancery determine by the death of the party and can not be  revive or carry on far
case webster versus bishop october Eq can ab pl pre Ch S c a award be make a  rule of court accord to a submission for that purpose and a attachment be take  out for not obey the award and then the party die against who the attachment  issue by the act of parliament the attachment be go and the remedy lose  Webster have submit to a award and that the same shall be make a rule of court  the same be accord make a rule of this court and a attachment issue out  against he for not perform the award Webster be afterward find a lunatic  bishop take out a subpoena score fac against the executrix and heir to carry  on the rule of court to a execution per cur the Act of parliament will cap and  by the report in pre Ch it appear the opinion of the court be give on  consultation with the judge and for the doctrine of the interference of equity  in respect of award vide brown v brown ante vol direct it to be carry on by a  attachment as be do in other court for disobey a rule of court by the death of  the party the attachment be go and the remedy lose
case week all versus staker all Eq can ab pl S c Lord of a manor enclose part  of a common insist it be a improvement within the statute of Merton court  continue the injunction and direct a trial whether sufficient common be leave  for the tenant there have be a enclosure make out of the common and young wood  and timber thereon grow and the plaintiff insist it be a improvement within  the provision of the statute of Merton and W the court think fit to continue  the injunction and direct a trial to be have the next assize whether  sufficient common leave for the tenant the plaintiff be the tenant for life  and the reversioner of the manor and the defendant two small tenant and the  issue direct be saint whether the plaintiff or either of they have a right of  approval in the manor in question d in case they have then whether sufficient  have be leave the part of the manor enclose be call Tortington common consist  of acre of which acre be leave open to the defendant and another  inconsiderable tenant Reg lib b fol arthington v Fawkes post as to the court  grant a issue in such a case vide Lord tenham v Herbert atk the principal case  cite in hanson v gardener Ves quod vide further on this subject
case week case if the spiritual court call a man to take a oath tend to accuse  himself a prohibition lie a prohibition be pray to the ecclesiastical court at  Bristol the suggestion be that he be excommunicate for refuse to answer upon  oath to a matter by which he may accuse himself videlicet to be a witness  against another that he himself be present such a day and see the other at a  conventicle which if he confess they will have record his confession of be  present at a meeting and so have proceed against he the court grant a  prohibition but order he to appear in the ecclesiastical court to be examine  as to the other person be there a by car c it be enact that it shall not be  lawful for any bishop or ecclesiastical judge to tender or administer to any  person whatsoever the oath usual call the oath ex duty or any other oath  whereby he may be compel to confess accuse or purge himself of any criminal  matter or thing whereby he may be liable to any censure or punishment a
case Welby versus THORNAGH ux econt Eq Abr pl S c vern wms e contra Eq Abr pl  wms atk atk a will as well as a deed may be set aside in chancery for fraud or  circumvention Welbys bill be to have the defendant the wife be aunt and heir  to sir Richard earl join in a sale of his land which he have devise to the  plaintiff his uncle by his mother side charge with payment of his debt  Thornaghs bill be to set aside the will as obtain by fraud and circumvention  and to have the deed and write the court be clear of opinion that a will as  well as a deed may be set aside in this court for fraud and circumvention but  that no such thing be make out in this case but the heir insist on it it be  direct to a issue devisavit well non and the bill to be retain in the mean  time my Lord keeper be also clear of opinion that if a verdict go for the will  the heir though a feme covert may be decree to levy a fine and join in the  sale precedent in chancery er p
case welcome against cricket Michaelmas term pound Elizabeth roll a variance  in the Christian name hetween the writ and the judgement be error more gold  cro car vent hob ray comb Cowp error upon a judgement in the common plea the  error assign be that a writ of debt be bring by Thomas welcome and the  judgement enter quod prcedictus Johannes welcome recupere c where it shall  have be Thomas and it be pray that it may he amend for it be but a misprision  and misentry of the clerk say non alloi but the judgement be reverse
case Welden versus Dux ivory e contra eoden die Eq can ab pl S c fine levy by  a mortgagee and year nonclaim will not bar the mortgagor of his equity of  redemption to a bill to redeem a mortgage Welden have plead a fine with  proclamation and nonclaim for five year the plea be overrule the mortgagee  have a right to retain the land till his money be pay and this be a new way of  foreclose a man of his equity of redemption so if mortgagee seize and seize  levy fine and five year pass after the proclamation though the mortgagee be  thereby bar yet if the mortgagor pay or tender his money he have five year  after to prosecute his right by the second save in the Henry c because his  title do not accrue till payment of the money Stowell v Lord Zouche blow so  mortgagor in possession can bar mortgagee by fine focus v Salisbury hard nor  lessee continue in possession as lessee for year Archbold v cook Noy freeman v  barn vent Le v SC earl of pomfret v Lord Windsor ves say vide contra the  principal case lingard v griffin post vol d so fine and nonclaim bar to a bill  of review ibidem as to what person estate and interest be not bar by a fine in  general and on the save in stat Henry cap vide cruise on fine p et seq
case welder against buckler in what manner the judgement must be set out in a  to know facias against pledge in replevin S c stram to know facias against the  pledge in a plaint in replevin the plaint be remove into the court c f common  plea where the plaintiff declare c and the defendant avow the take c as a  distress for rend and have judgement to have a return irrepleviable a writ of  error be bring in the court of king bench and the judgement be affirm and then  a precept be direct to the sheriff to make a return of the good to the  defendant the sheriff return a withdraw the defendant thereupon bring a to  know facias against the modern report pledge Com dig pleader king a in which  he set forth that he have recover judgement in the court of common plea prout  to stand open de think over c in common banc which judgement be affirm in  error in the court of king bench prout to stand open c the defendant plead  that the record remain in the court of common plea on demurrer special reeve  for the plaintiff argue that a writ of error upon a judgement in the court of  common plea remove the record itself and not only the transcript for execution  be award by this court if the judgement be affirm a writ of error returnable  in the exchequerchamber be different for there the transcript only be remove  Brainthwaite sergeant then except to the to know facias for inconsistency it  show that judgement be recover in the court of common plea prout per record  remanen in c b abundantly that this only is apparent that error be bring in  the court of king bench where judgement be affirm ut per record remanen in b r  abundantly that this only is apparent the court to know faciass have be often  amend however let the plaintiff discontinue on payment of cost modern report  er p
case well administrator durante those inferior in rank lifetime of I S against  some in a action by a administrator durante those inferior in rank c a general  averment that he be under age be sufficient after verdict roll Rep Lutw  account by a administrator durante those inferior in rank lifetime against a  bailiff and receiver be good without show any charge against he as receiver    a cro Elizabeth Mod vent Brownl Yelv Lut roll Rep side hob Bac ab Bac ab  account against the defendant as bailiff and receiver and show only that he be  bailiff of such a manor c the defendant plead to the issue and find against he  and it be move in arrest of the judgement the first exception take be because  he do not show that I S be within the a it be move again in Hilary term and  the judgement of the common plea affirm post croak car er p age of seventeen  year and it may be he be under age and yet above the age of seventeen year say  non allocatur for it shall not be intend unless it be show that he be above  the age of seventeen year when the other have admit he to bring the action and  plead to the issue the second exception that the declaration be not good be  because he charge he by the name of bailiff and receiver and afterward do not  show any charge against he as receiver say non allocatur for it be the more  for the defendant benefit whereupon it be adjudge for the plaintiff croak car  hilary term car in the king bench sir Thomas Richardson Knt chief justice sir  William Jones Knt sir James Whitlock Knt sir George croak Knt justice William  Noy Esq attorney general sir Richard Sheldon Knt solicitor general
case well against ferguson if the condition of a bind be repugnant the bind be  single S c ante S c salk a bind be for a hundred pound with a condition that  if he do not pay fifty pound by such a day the bind shall be void the court  adjudge the condition to be repugnant and the bind to be single lev note in  this case holt chief justice deny the case in the yearbook Henry foe a to be  law modern report er p
case well against partridge a declaration in ejectment by the lessee of a  copyholder must show the special custom by which the lease be make ante post    light a   Owen hard Lutw pale yellow ten ejection firm of land in Uxbridge the  party be at issue upon the evidence it appear that the plaintiff be lessee for  three year of a copyholder and the custom of the maor be prove to be such that  a copyholder there may let the land for three year Anderson conceive that the  lessee of a copyholder can maintain a ejection firm in any other manner but if  he may it be clear he ought to show the estate of his lessor at the first and  the licence of his lessor and the special custom to warrant that lease for  otherwise be a general count it shall be intend of a lease at the commonlaw  which a copyholder can make as if the heir in borough English bring a  mortdauncestor he ought to show the custom in his count and declare accord  thereto and he hold the action to be maintainable but he ought to show the  custom otherwise it be not good but because there be other clear matter for  the defendant it be pass over and the verdict find for the defendant
case well against thompson a promise to pay in consideration of deliver the  defendant cattle out of the pound be good action on the case for that in  consideration the plaintiff will deliver the defendant cattle out of the pound  he promise to pay he or save he harmless c and aver that pro deliberation ind  a action be bring against he and a recovery it be move in arrest of judgement  that the consideration be nought because for do a ill thing videlicet the  delivery out of pound of cattle duly impound but overrule because not a malum  in see then another exception be take because the plaintiff have not express  aver in his declaration that he have deliver the cattle only that a action be  bring against he and a recovery the court hold that be not sufficient though  after a verdict for that it be the substantial part and the ground of the  action judgement be stay
case well against wright a bind condition that the obligee shall pay twenty  pound videlicet five pound on four several day therein mention or in default  of any of the payment the bind shall be void be good debt upon bind condition  that if the obligee shall pay twenty pound in manner and form follow that be  to say five pound upon four several day therein name but if default shall be  make in any of the payment then the say obligation shall be void or otherwise  to stand in full force and virtue the defendant plead that tali die c non to  loosen five pound c and upon this the plaintiff demurrer barrel sergeant the  first part of the condition be good which be to pay the money and the other be  surplusage void and insensible but if it be not void it may be good by  transpose thus videlicet if he do pay then the obligation shall be void if  default shall be make in payment then it shall be good and for authority in  the point the case of Vernon v Alsop a lev raym side keb a be cite where the  condition be that if the obligee pay two shilling per week until the sum of  seven pound ten shilling be pay videlicet on every Saturday and if he fail in  payment at any one day that the bind shall be void and upon the like plea and  demurrer as here it be adjudge that the obligation be single and the condition  repugnant the court be all of opinion that judgement shall be give for the  plaintiff and the chief justice say that be doubt whether the case of Henry pl  be law modern er p
case Welsh against bishop Hilary term car roll in battery against two if they  plead several plead and both find for the plaintiff he may enter nolle  attendance against one and take judgement against the other vide SC post roll  ab hob Carth Mod lev Com dig will burr dougl term Rep Bl Rep c b error of a  judgement in the common plea in trespass of battery against two they plead  several plead the one not guilty the other a justification whereupon several  issue be join and the jury find both issue for the plaintiff and assess  several damage but joint cost afterward the plaintiff cause a nolle attendance  to be enter against the one which be enter accord and take judgement against  the other for the damage find against he and the cost Littleton assign error  because a nolle attendance against the one before judgement enter be quasi a  release to he which shall enure to the other and abate the writ for both but  if he have pray judgement against the one and have it then be may enter a  nolle attendance against the other and that entry of a nolle attendance  against the one after judgement shall not abate the writ nor be a release to  the other and for that be cite Edward pl but Mr Grimston answer that this  nolle attendance be not a release in itself but a acknowledgement that he will  not proceed as against the one which the plaintiff croak car er p may well do  in trespass where the defendant sever themselves by plead and there be several  verdict against they and so there be diverse precedent where nolle pursue be  enter as well before judgement as after and so be the old book of entry the  court thereupon will advice a
case Welsh against bishop vide ante in trespass against two if a joint verdict  and several damage be give the plaintiff may enter a nolle attendance as to  one and sign judgement against the other ante   a cro car hob cro Elizabeth  Carth salk will strange Com dig Com dig dougl note term Rep h Bl Rep c b this  case be now argue again by Littleton recorder of London for the plaintiff in  the writ of error and by henden sergeant for the defendant the error insist  upon be first that the jury ought not to have give several but joint damage  second that the entry of a nolle attendance before judgement be quasi a  confession of his action to be false against one or a release to he which be  before judgement be as it be a release to both but the court absent Jones  conceive that there be not error in either of they for first when the  plaintiff have relinquish his suit against the one although in truth there  ought to have be inquisition but once of the damage and not several yet it be  not material when no advantage be take thereof and as to the second it be not  a confession that this writ be false nor a absolute release to the one but it  be as it be a agreement that he will not proceed against the one and his  acknowledgement be a absolute bar as to he and proceed may be against the  other as if one plead a plea and there be a demurrer thereupon and the other  plead to the issue and it be try it be a usual course to enter a nolle  attendance against he who plead the plea whereupon the demurrer be and to pray  judgement against the other so where they sever themselves by several plead he  may enter a nolle attendance against the one and have his judgement against  the other and diverse precedent be show on both side that such judgement have  be so enter the judgement be affirm vide Edward pl Henry pl the book of entry  Henry pl Henry pl croak car er p
case Welsh against COLLINGER Michaelmas term pound Elizabeth roll if a  plaintiff he make the jud e of the court he must he except to at the time more  cro car strange term Rep case in crown law on a prescription to hold a court  before two alderman it may be assign for error that one be not alderman at the  time allege jeofail error to reverse a judgement in the court of n I error  that the judgement be enter to he before the mavor and I S el I ed aldermannis  c and at the same time the plaintiff be make mayor pen the suit say win  allocatur unless the party have except to it in the court and it be disallow  there then it have been error but if he admit he to he his own judge it be not  error Henry pl second error the prescription be to hold court before the man  or and two alderman and it be allege that at such a court hold before the  mayor and I S and I d alderman c and allege in facto that I S be not then  alderman the defendant plead in nullo be erratuin Godfrey move that this be no  error no more than in error to avoid a fine that one of the judge before who  the fine be suppose to he levy be not a judge I Edward pl b but the court  absent Popham hold it to be a manifest error for the court can be hold except  before alderman so there must he two at least and if I S croak Elizabeth be  not alderman there be not two alderman and it be not like the case of a fine  for that be before such justice et other trusty and if there he no such judge  as one of they which be name yet the fine be levy before other justice be good  and for this cause the judgement be reverse it be here hold by the justice  that a discontinuance after verdict be not help by any statute
case Welsh against craig debt will not lie upon a promissory note but a  indebitatus assumpsit S c stram in a action of debt on a promissory note the  defendant demurrer to the declaration the question be whether the action of  debt will lie modern report er p it be say that it will not lie against the  endorsor but that it will lie against the drawer a Mod Ent Morg Prec a by the  statute whether c it be enact that all note sign by any person promise to pay  to another or order or bearer the money mention in such note shall be construe  to be due and Payable to such person to who it be make Payable but though it  be due and Payable to the person a general indebitatus assumpsit will not lie  for it for want of a consideration for a bill of exchange be only a evidence  of a promise to pay and be no more than naked bargain but a general  indebitatus assumpsit uvili lie against the drawer not upon the custom of  merchant but for so much money receive to the plaintiff use and the plaintiff  may give the note in evidence the court be clear of opinion that no action of  debt will lie on a promissory note declare thereon but the plaintiff may have  bring a indebitatus assumpsit declare general and so have give the note in  evidence by the custom of merchant no remedy be give on foreign bill S of  exchange but by action on the case the statute of will c have give the same  remedy to inland bill S and the whether c to promissory note b a indebitatus  assumpsit will not lie on a bill of exchange the court however give the  plaintiff leave to discontinue on payment of cost
case Welsh against upton the want of when fac and pannel help by the verdict  Ant cro car bull n p salk Bac Abr trespass it be move in arrest of judgement  after verdict that the v venire facias and the pannel be want but the  distringa jurat and the pannel annex to it remain and this be adjudge to he  help by the statute
case Welsh versus Welsh wms wms Eq Abr pl S c vezey S c cite and S p post a  have three brother one die leave two child another three and the three five  then a die intestate the distribution shall be par capital and not per stirpes  be all next of kin in equal degree a have three brother one die leave three  child another two and the three five then a die intestate and per Lord keeper  on time take to consider of this case distribution shall be per capital and  not per stirpes and that all the child shall have equal because none take by  way of representation but all as next of kin in equal degree
case west against chamberlain where original be evidence copy be in debate  concern evidence to be give about the corporation of Tiverton a see Benson v  olive stram bunb Tilleys case salk baker v Fairfax stram a see Jacob v Allen  salk pond v Underwood ld ray Greenway v hind burr Robson v Eaton term Rep  Allen v dundass term Rep Cheap v Allen term Rep modern report er p per curium  wherever a original be evidence a copy of that original will be evidence too a  and it be also direct that the adverse party in this case shall have sight of  the corporation book and leave to take copy but not that the book themselves  be produce a
case west against coal where on writ of enquiry entire damage be give and for  part of which no damage can be give that part shall be reject as surplusage S  c post Indebitatus assumpsit and quantum to deserve for meat drink and lodging  and another assumpsit and quantum to deserve in the same declaration for ware  sell judgement by default Writ of enquiry and entire damage give occasion  prmissorum it be move that judgement shall be stay because in the second  assumpsit and quantum to deserve there be no averment in fact of the value of  the ware and so be void and for which no damage can be give a quantum to  deserve for ware sell without averment de facto of the value be nought but  here be another assumpsit well lie we will suppose all the damage give for  that and reject the other as surplusage
case west against TREUDE Hilary term car roll either case or trespass will lie  by a landlord against his tenant at sufferance for despoil the premise S C  Jones roll ab lev   b cro Elizabeth ld raym will Carth Com dig Bac ab   light  b I term Rep term Rep action on the case whereas he be and yet be possess of a  lease for diverse year ad tunc et thus far venture of a house and be so  possess demise it to the defendant for six month and after the six month  expire the defendant be permit by the plaintiff to occupy the say house for  two month long he the defendant during the say time pull down the window and  diverse other parcel of the house and make great waste therein to the  prejudice of the plaintiff whereupon be bring this action the defendant plead  not guilty and find against he stone move in arrest of judgement that this  action lie not for it be the plaintiff folly to permit the defendant to  continue in possession and to be tenant at sufferance and not to take course  for his security and if he shall have a action it shall be a action of  trespass as Littleton sect if tenant at will have destroy the house demise or  sheep demise a action of trespass lie and not a action upon the case but all  the court conceive that a action of trespass or a action upon the case may be  well bring at the plaintiff election and proper in this case it ought to be a  action on the case to recover as much as he may be damnified because he be  subject to a action of waste and therefore it be reason that he shall have his  remedy by a action upon the case whereupon rule be give that judgement shall  be enter for the plaintiff croak car er p
case west against west in amendment of declaration the plaintiff may pay cost  or grant imparlance S c salk S c ld ray S c holt S c lily Ent per curium upon  amend a declaration the plaintiff have his election to pay cost or grant a  imparlance if he grant a imparlance the defendant may plead de to make new for  the imparlance set aside his former plea if he pay cost he be let in to plead  again so it be some new matter for this reason because that it may be the  fault which the plaintiff amends be the occasion of his plead that plea but  there he shall not have liberty to plead the same plea over again and if he  plead de to make new it must be a plea to stand by and if he will not plead a  new plea the old one must stand after plea in bar one can plead in abatement  and the amendment and imparlance will not let one in to do it
case Westbourne against mordant a declaration in case forla continue nuisance  need not state when the cause of the first nus once be erect post r Abr   a  Leon vent skin ld ray action upon the case and declare that whereas he be  possess of a meadow call parsonage meadow in W adjoin to a little brook there  from the that April Elizabeth and thus far ind possessionatus the defendant  the say that April put in diverse load of stone into the say brook and by it  obstupavil water that that it from the say that bee to the day of the writ  purchase overflow his meadow so that he can not have any benefit of it and  after verdict find for the plaintiff it be move in arrest of judgement because  the nuisance be suppose to he do before the plaintiff title do commence so no  cause of action gawdy the declaration be good for a action of the case declare  the whole matter so that it be not material when the nuisance be erect for he  that be hurt by it shall have a action Fenner agree it may be the nuisance be  not by the stop till the ruhning of the water and the action be bring as the  truth be be well bring and Wray be absent they command judgement to he enter  if nothing say to the contrary
case Westley against allen a prohibition shall go to restrain probate of a  will after non devisavit find at law or if part of the will relate to land  post more Cowp term Rep a prohibition be pray for Westley against Allen to  stay a suit in the spiritual court concern the probate of a will which be of  good and land which will be allege to be revoke and so it prove upon a suit at  the commonlaw for the land upon issue of non devisavit it be prove to be  absolute revoke in toto and a non devisavit find and now the suit be in the  spiritual court to prove it to be a good will and not revoke upon this  suggestion the court give day if cause be not show to the contrary that a  prohibition shall be grant for the court hold that if the question have be in  the spiritual court for probate of a will of good and land and make a executor  that they shall not proceed to prove the will quoad the land but that a  special prohibition as to the land shall be grant
case Wetherell against CLERKSON in a action for say you be a whore by which  she lose her marriage the name of the person who refuse to marry her must be  set forth S c Lutw S c new Lut action on the case for these word you be a  whore and a perjure whore per quod she lose her marriage after verdict for the  plaintiff it be move in arrest of judgement that she have not lie in certain  with who she have lose her marriage for the word be not actionable but in  respect of the special loss therefore that ought to be show in certain for it  be issuable and though it be object that the jury have find loss of marriage  and then it must have appear to they and that can have be only with one and  hetley be quote for this yet the court hold the objection fatal for where the  lie of particular damage be the get of the action it ought to be lie special  and certain that the defendant may have a opportunity of traverse it and there  be no case where the lie of particular damage be necessary to the maintenance  of the action but it must be lie certain and the opinion in hetley be long  since explode by where the particular damage be not the get of the action but  only a aggravation et quer nothing to take in hand per billam
case wharton against lisle tithe of flax be small tithe wherever sow S c lev S  c Mod S c comb S c Carth S c skin S c salk trover and conversion of several  load of flax on not guilty plead the jury find the plaintiff impropriator of a  rectory and the defendant vicar of the same and that about eight year since  flax be first sow within the parish for the first year the parson have tithe  of it for the last seven the vicar have constant take they they find that  there be six hundred and sixty acre sow with corn and twentysix only with flax  and that the vicar be endow with small tithe the question be whether flax be  great or small tithe holt chief justice the best way to distinguish tithe be  the place where they grow and be sow for sow in a garden they be small tithe  if sow in a field great and this rule extend to corn hop c but Eyre dolben and  Gregory justice the place be not material but we shall only consider the  nature of the thing if corn be sow in a garden the parson shall have it if  flax in a field the vicar but if the great part of the parish be sow with  small tithe the parson for by dolben and Gregory justice otherwise the  principal part will be transfer to the vicar but Eyre justice say in that case  he shall not have they unless by usage Eyre justice take a difference which be  not deny as to tithe of hemp raygrass c if they be sow for seed the parson  shall have they as of grain if move as hay the vicar shall have they as of  herb a
case wharton against Morley grant to the king good without be enrol dougl coke  show to I a report which he say he have from Edmund Plowden of a judgement in  the exchequer Elizabeth hetween the say party that whereas a prehend do give  and grant his land to king Edward the six and this deed be not enrol yet the  grant be good and vest the land in the king by the proviso in the end of I  Edward c S for although it be not good at commonlaw yet the statute do make it  good or else the statute be in vain
case wharton against sir edward Musgrave in the exchequer Chamber a to know  facias by a executor on a judgement by confession must be in the same county  in which the action be bring SC hob SC Yelv more cro car cro Elizabeth salk  Lut stram term Rep error in the exchequer Chamber the error assign for that  debt be bring in Cumberland and judgement have by confession and a to know  facias bring against his executor in Middlesex and judgement there for the  plaintiff where the to know facias ought to have be bring in Cumberland where  the original be bring and not in Middlesex although the judgement be there by  confession at Westminster for the to know facias ought always to pursue the  first action wherefore the judgement in the to know facias be reverse
case wharton ux versus tilly Mil ux all Lord keeper march Ant can Ennice brown  now the wife of the plaintiff wharton be a niece of sir John Robert who widow  and executrix and devisee the defendant have marry they set on foot a demand  of pound by bind from sir John Robert and there be great reason to suspect it  be forge upon the action at law the plaintiff first suffer a nonsuit upon full  evidence upon a second trial there be a verdict against the bind but before  judgement be enter up the plaintiff move and obtain a new trial and therein  prevail and have a verdict and now bring a bill to have satisfaction out of a  TrustEstate for the bonddebt there be not personal asset but sir John have  subject his real estate to the payment of his debt and the single question be  whether the court upon the circumstance of this case can decree a satisfaction  out of the TrustEstate upon the credit of the verdict without direct a issue  or give the defendant a opportunity to try it again and the court decree for  the plaintiff but upon appeal to the lord in parliament a new trial be direct  and the bind find to be forge on the head of court grant new trial vide the  case refer to in not to Barbone v burn ante vol
case wharton versus wharton may petition the defendant pray to amend her  answer by add a new fact grant on the particular circumstance of her case vide  MiIfords plead Philips v gwynne note ten ibidem Forster v Forster bro Charles  Rep Cox p W note pierce v grove post vol where a defendant have mistake a fact  or a date the court will give he leave to amend his answer the duchess of  wharton who be the defendant petition that she may be at liberty to amend her  answer by add a new fact Lord chancellor the most common case of amend answer  be where through inadvertency a defendant have mistake a fact or a date there  the court will give leave it shall be amend to prevent a defendant from be  prosecute for perjury atkins but here the question be whether the court upon  such a amendment will likewise permit a defendant to add any new fact to the  answer and upon the circumstance of this case I be of opinion the defendant  ought to have this liberty the duchess of wharton in her answer refer to  marriage article which be execute in Spain and consequent make it incumbent  upon her to produce they now it seem the custom in Spain be to deposit article  and other deed in place appoint for that purpose so that a authentic copy be  all that can be bad in this case therefore I be of opinion that the duchess  ought to have liberty to amend her answer so far as to set forth the custom in  Spain with regard to the deposit of deed
case WHEADON against sugg easter term James roll a grant to a habendum to he  and his wife for their life successive convey a remainder to the wife post  roll ab   light   Misentry of judgement by nonsuit instead of demurrer be  amendable Mod stram term Rep Com dig Cowp dougl in make conusance bene  advocate c instead of cognovit be sufficient error of a judgement in the  common plea the error be assign in point of law the case be a lease be make to  Robert Grubham whereof the land in question be parcel habendum to he and Joan  his wife for their life et the dawn still further to live successive uni post  alterium as to scratch et nomina in row it be adjudge that this be a good  remainder to Joan in who right the defendant make cognizance a second error  assign be because the judgement be upon a demurrer a writ of enquiry of damage  be award and the writ mention that the plaintiff be nonsuit therefore ad to  seek after occasion to send forward whereas the judgement be upon demurrer Yet  because it be a judicial writ it be adjudge that it shall be amend and that  the judgement shall stand croak throw a three error assign be because the bar  be conusance the plaintiff demurrer for that the to call be insufficient  whereas it ought to have be getting to know and the defendant rejoin quod to  call be sufficient and the judgement be a see James c Geo c croak James er p  eastern quod getting to know to be sufficient c it be adjudge for the  defendant that he shall have return c whereupon rule be give that judgement  shall be affirm but afterward the court be move again doubt whether they shall  amend the second error for the writ be to inquire after nonsuit who financial  loss to hold up occasion to send forward it be after a demurrer and the  inquisition take thereupon and the judgement for the damage upon that writ  they give rule quod curian advisare vult until the next term afterward in  Hilary term James it be order to be amend and the judgement to be affirm
case Wheatley against christopher hest in dower if a termor be receive for his  term under a lease before coverture the judgement shall he enter general and  seize shall he deliver without ousting the tenant   light a Pigot on recov  dower the tenant make default after default whereupon Thomas Hest pray to he  receive for his term make to he before the coverture and he be receive and his  term save the question now be how the judgement and execution shall he for if  it shall he qudd cessal execution during the term she shall not then have the  rend reserve upon the lease and all the justice agree that the judgement shall  he enter general that she shall recover seize of the moiety of the land the  land croak Elizabeth be gavelkind and that the writ of execution shall he  special that the sheriff shall not oust the termor but that he shall come upon  the land and demand seize for the feme and thereb she shall have the moiety of  the rend with the reversion Heaumond say that so it be do Elizabeth in his  mother case upon a petition of dower the reversion be in the queen wherefore  the court command to have it to he do so in this case
case wheeler against THOROGOOD a lessee may grant his term before entry ante    Bac Abr dougl ejection firmce it be hold clear by the court that if I S make a  lease to b to commence two year after that after the two year be expire b  before any entry may grant his term although the lessor do continue in  possession
case wheeler versus newton Eq case c S c more full report pale yellow can S c  seal not necessary to bring a agreement out of the statute of fraud the  plaintiff have article with the defendant for the purchase of some land of his  wife and the article be in write and sign by the party but not seal but the  plaintiff be put into possession of some part of the land and therefore the  court precedent in chancery decree a execution of the agreement though it be  not under seal and my Lord commissioner Rawlinson say that agreement in write  though not seal have some better countenance since the statute of fraud and  perjury than they have before
case whether HEALINS widow against the mayor commonalty and citizen OF London  judgement against a corporation omit part of the corporate name may be amend  by the docket roll ante post more cro James hob raym side term Rep error of a  judgement in the common plea in debt bring by they upon a obligation of four  hundred pound the error assign be because the judgement be that the mayor  commonalty and citizen of London shall recover the debt and six pound for cost  the same mayor et partnership adjudge omit fellow citizen and so no such  corporation which be hold to be error but afterward upon a motion in the  common plea and upon examination and perusal of the doggetroll a where it be  well enter it be award to be amend
case whether LASINGTONS case No addition necessary to a woman indict as a  femecovert   Inst No accessary in petit larceny I hale dyer Com dig Com dig  hawk whether Lasington be indict by the name of whether the wife of John  Lasington ofD yeoman and exception be take because she have not any addition  say non allocalur vide Henry dyer note she be indict of petit larceny and  another be indict as accessary and because one can be accessary in this case  no more than in trespass the accessary be thereupon discharge croak Elizabeth  er p
case whether long against king Trinity term James roll to say a be rob of  plate and b have it for which he will be hang be not actionable action for  these word of the plaintiff videlicet mrs master be rob of forty pound and one  hundred mark worth of plate and John ford and whether long innuendo the  plaintiff have it and for that they will be hang the defendant plead not  guilty and find against he and damage assess to twenty pound and it be  thereupon move in arrest of judgement that a action lie not for these word for  in say the plaintiff have it he do not show that she steal it for she may have  it by trover or emption or otherwise lawful and he do not charge her that she  steal it also in say they will be hang for it it be but his opinion and not a  direct lie of felony to their charge upon the first motion the court doubt  thereof but be afterward several time move upon the first day of this term the  court resolve that the action lie croak James er p for all the word be lie  together it shall be intend that he speak they in the worst sense videlicet  that the plaintiff have those good felonious and be a actor in the robbery a  and it be further aggravate and explain in say they will be hang for it  wherefore it be adjudge for the plaintiff Note afterward this judgement be  reverse in a writ of error in the exchequerchamber because the word be not  actionable b
case WHETHERBORN against wright in debt on bind the defendant can only be hold  to bail for the real sum due where a debt be ten pound or upward by course of  the court special bail be require otherwise not not common where a action of  debt be bring upon a bind of twenty pound condition for the payment of nine  pound to hold to bail for though the penalty which be the legal debt exceed  ten pound yet the real and equitable debt be less but upon some particular  case as where it be to be fear a person will run away c the court will hold to  bail for the legal debt exceed ten pound a see Kirk v strictland dougl Willis  v dent Sellons pract a
case whetstone against HIGFORD the king chaplain though appoint by parole only  be enable to hold plurality   godb hob ld raym salk upon evidence to a jury  the question be whether one may he the queen chaplain and have plurality of  henefices by the Henry c by be retain by parole only?Popbam hold that the  queen can not retain b parole onl but Fenner contra who say there be a case in  this court wherein he himself argue where the sergeant of the mace be make by  the delivery of the mace unto he it be hold to be good and his office be in  question as be forfeit he plead the queen licence by parole to he absent and  not to exercise it and it croak Elizabeth be croak Elizabeth er p adjudge to  be good for her corporate body do not take away or destroy the human body but  that she may retain servant and do other act as a common person do and it be  show that this chaplain die above thirty year since and that during his life  he be repute her chaplain and exercise the place of chaplain as well in her  private closet as elsewhere and have all the henefits as her chaplain c  wherefore the court say that it shall he intend that he be her chaplain and  well and duly retain wherefore the question be to avoid a lease make by he to  the plaintiff it be hold that he be a person able to make such a lease and the  jury find for the plaintiff
case WHICHERLEY versus WHICHERLEY eoden die Eq can ab pl S p the court not  satisfy with the rule that a accountant shall be allow on his own oath all sum  not exceed S so as the whole be not above pound the court be inform that the  course of the court be that a accountant be to be allow on his own oath all  sum not exceed S each so as the whole be not above declare that rule seem very  unreasonable and will consider how to rectify it vide anon ante Marshfield v  Weston post vol Eq can ab pi SC Morley v bonge mrs but the accountant must  swear positive and not as to belief only Robinson Bart v come atk Vernon  chancery case de term S michaelis James in curian porter
case WHILSTER against PASLOW by a exception in a lease of all wood underwood  coppice and hedgerow the soil itself be except but by a exception of all  timber tree no soil be except but that in which they grow post   light b roll  ab dyer   cro Elizabeth   light a show Mod replevin upon a special verdict the  ease be William hide be seize in fee of the manor of elvedon whereof the place  in question be twenty acre of coppicewoods be parcel and where diverse  timbertrees and other be sparsim grow within the manor make a lease of the  scite and demesne of the manor To take out et always reserve omnibus kind of  water fowl subboscis coppice and hedgerow which then be or any time after  during the term shall be in or upon the premise or any parcel thereof with  free ingress to sell take and carry away the same a his will and pleasure so  as he leave sufficient fireboat hedgebote ploughbote c to be talcen and spend  upon the premise to Thomas martin and his wife during their life with liberty  to take the say boat c and the question be whether the soil of this twenty  acre be let to the lessee or except to the lessor the issue be whether it be  the freehold of Paslow who have purchase the inheritance of the manor?And  after the first argument at the bar without any difficulty it be adjudge that  the soil itself be except and that it pass not with the fee and this  difference be take betwixt the exception of wood and underwood and the  exception of all timbertrees for in the first the soil itself of the wood and  underwood and what be know by that name be except but in the last case no soil  be except but only so much as be sufficient or the vegetation and grow of the  tree except Henry pl Edward pl dyer   Ives and same be case and   b Lydfords  case
case whistler against lee if the record of a judgement in a inferior court be  that it be hold by custom before the mayor it can be assign for error that  there be no such custom ante post SC Bulst SC roll Rep Bac ab Cowp error of a  judgement in a action upon the case in Abingdon court the error assign be that  the say court be mention to be hold there before the mayor secundum  consuetdinem castle a tempore pron  interrog  opposite direction memory c and  it do not appear that there be any such custom there to hold plead upon this  error assign it be demurrer in law for it be against the record to assign such  matter for error it be plead there and judgement give against he and if it be  true that there be no such custom then the proceed be in person croak James er  p non judge and he be not grieve thereby but he may have false imprisonment if  he be arrest by virtue of such a judgement or other action if his good be  impeach thereby the whole court be of that opinion that this assignment be  direct against the record be not receivable wherefore rule be give to affirm  the judgement
case whitby against marshal a second distringa award against juror who have be  challenge and withdraw from a former panel in the same cause be a default help  after verdict Post ejection firm as lessee of Mr grey for land in Langley in  the county of Leicester at the nisi prius in the country six of the juror be  challen ed and treited and the jury remain pro diminution a swearer at the  next assize a new distringa be award against all the first juror as well those  who be treited before as the other and at the nisi prius in the country the  issue be try by some of the juror of the ancient panel and by other return  upon a tale de A standing round award but none of they who be treat before try  it the verdict be find for the plaintiff and it be now allege in arrest of  judgement that this distringa be ill award for it croak Elizabeth ought not to  have be award against they who be treited but against the other only and then  the trial thereupon be ill but the court hold that in regard it be but a  judicial process which be award against they where it ought not to he be but  the default of the court and shall not turn the plaintiff to prejudice it be a  good trial by the commonlaw in respect the trial be by the lawful juror as  also clear by the statute of Jeofails which help misawarding process wherefore  it be adjudge for the plaintiff
case white against BODINAM in covenant for quiet enjoyment the defendant may  plead that be enter to distrain without hoc that be oust he of the premise  without say or any part thereof S c salk lessee for year bring covenant  against the lessor declare upon a demise and covenant for quiet enjoyment and  assign for breach that the lessor enter upon he and oust he of the premise the  defendant plead that he enter to distrain for rend arrear without hoc that he  oust he de to send forward to which the plaintiff demurrer think the traverse  ill because if he have oust he of any parcel of the premise he have a good  cause of action therefore he shall have traverse without hoc that he oust he  of the premise or any part thereof modern er p but per curian the plea be well  enough in this case for if the plaintiff join issue upon the matter of the  traverse and prove ouster of any part the issue will be for he and the court  take a diversity between plead the general issue as in debt you must plead non  debet nec aliquan ind parcellam and a special issue as this be see the case of  Robsert v Andrews cro Elizabeth the six error assign a and the case of Teril v  Dune dyer Rep b b and judgement be give for the defendant
case white against England a declaration on Elizabeth c be good although it do  not state that the trade be use in England at the time the statute be make SC  salk by the statute of Elizabeth c it be enact that none which have not serve  a apprenticeship seven year in any art or mystery then use shall use the same  c upon pain to forfeit forty shilling amonth a action of debt be bring upon  this statute against the defendant for use the trade of a tiler not have serve  a apprenticeship for seven year the defendant plead that his father be a  freeman of London and that he be his old son and that jure inheritance he may  use that trade modern er p modern upon a demurrer to this plea the counsel do  not rely upon it but take exception to the declaration because it be not show  that the trade of a tiler be a art or mystery use in England at the time of  the make of the statute to which it be answer that it be a trade mention in  the statute and so by consequence must be then use per comb pale yellow case  show burr Bac Abr a but the plaintiff be advice to waive his demurrer which he  do and pay cost
case white against gerish easter term Elizabeth roll a and b levy a fine to c  who render to b in tail reserve a rend and by the same fine the reversion be  to a if b die without issue this operate as a fine of the reversion post   b  Owen more and Pigot on Rec lev wood con barn ld ray Bac Abr Cowp replevin upon  demurrer the case be that white and gerish levy a fine of the place where sur  conusanc de law come Ceo c and the conusee render tenement prcedicta to white  in tail reserve a rend and by the same fine to go away quod tenement preceding  untouched to stay behind to gerish in fee if white die without issue of his  body and whether the reversion and rend hereby pass be all by one fine without  name they be the question it be resolve that the reversion and rend pass be by  fine and that it shall enure as several fine but if one make a gift in tail  render rend remainder over in fee this be by deed be a good reservation of the  rend to the donor and the remainder only shall go to the stranger but it be  say to he otherwise in a fine and that so be the course of fine wherefore it  be adjudge for the avowant vide SC postea
case white against gerish if a gift be make in tail reqerving a rend a  recovery suffer by the tenant in tail do not extinguish the rend vide S c ante  post keb Ra m Mod lev lev Mod ray replevin the case be that one make a gift in  tail reserve rend tenant in tail suffer a recovery wheher the rend be one or  not be the question Anderson and Kingsmil hold that it be for otherwise the  land shall be hold of two videlicet of the donor and of the lord paramount and  Anderson say there be not any difference betwixt this case and the case  resolve where he in reversion grant a rentcharge and tenant in tail suffer a  recovery Walmsley and Glanville e contra for he in reversion be in possession  of the rend and it can be take from he by a recovery against another and he  have not any recompense for it upon the recovry in value for the recompense go  only to the estate tail and the reversion and he have not any recompense for  the rend and it be not like to the case which be put of a rentcharge for that  be never execute after the grant and the grantee be never in possession  thereof at the time of the recovery but it be here execute as where tenant in  tail grant a rentcharge and after suffer a common recovry the rend remain and  as to the tenure of two Walmsley hold that ti well may be as in the case where  a mesnalty be create after the statute of because buyer the earth and the  donor here shall have all the service which he have before the recovery  wherefore adjournatur a
case white against HANBYE easter term car roll in trover the place of the  conversion shall be intend the same as where the good be state to have be lose  if the two averment be conjoin by a copulative vide ante cro Elizabeth Bulst  roll Rep cro James error of a judgement in the common plea in a action of  trover and conversion of good the writ suppose that such a day at Alston in  the county of Suffolk he be possess c and lose they and the defendant find  they and convert they to his own use and in the count he show the trover and  conversion to be at Alston aforesaid the error be assign because the place of  conversion be not show in the writ and now Maynard for the plaintiff in the  writ of error argue that the place of conversion ought to be show in the writ  for it be a action upon the case the count otherwise be not good and for that  purpose vouch Henry Edward pl Berkley and myself be only in court hold that  the writ be good enough for the possession suppose to be at Alston and the  loss trover and conversion be all conjoin with copulative shall be intend all  in one place videlicet at Alston especial the count mention the conversion to  be at Alston and the issue there try and verdict give but Berkley say if the  writ be vicious for this cause it be not aid by the verdict but we both agree  that as this case be the writ be good whereupon rule be give that judgement  shall be affirm unless c by and car c after verdict judgement shall not be  stay or reverse for the mistake of day month or year in any declaration c  where the right day month or year in the same or any precede writ plaint roll  or record be once true allege a ante b   c ante d cro Elizabeth e vide the  opinion of the court upon this case post croak car er p
case white against MULLONY addition a mathematic master be offer for bail by  the name of gentleman holt chief justice say he be one by his profession
case white against the bishop OF worcester if ejectment be against seven who  appear and plead and issue be join on the plearoll against five only and  verdict against seven the nisi prius roll be amendable S c salk trespass and  ejectment against seven defendant who all appear and plead and join issue on  the plearoll the to swear falsely and distringa be against all seven only the  issue on the nisi prius roll be join by five only verdict at the assize  against seven and after several motion in arrest of judgement it be resolve by  the whole court that the nisi prius roll be in this case amendable blackamoor  case a have these express word that the nisi prius roll be amendable where the  judge have sufficient authority express or imply to try the cause now then  here the judge have a imply authority for here be a issue join on the record  by all seven if one issue have be join by the five and another by the other  two it have be otherwise the to swear falsely and distringa be against all  seven to try this issue of not guilty so that the judge have plain a imply  authority to try the issue between the plaintiff and the seven and that  omission be plain a misprision of the clerk and therefore such a mistake in  all action and case be amendable and especial in this action of ejectment  where all seven be bind by rule of court to confess lease entry and ouster
case white against wiltshire Hilary term James roll if bailiff who have enter  a house the door be open to execute a become facias be disturb and lock up in  the room it be justifiable to break open the door in order to release they and  on trespass bring if the fact be admit the plaintiff shall be bind to his good  behaviour ante SC roll Rep SC roll Rep SC palm SC roll Rep hob   Com dig Mod  fort hawk p c trespass for enter his house and break three door and break and  carry away three lock of those door the defendant justify the entry into the  house by virtue of a writ of become facias award against the plaintiff direct  to the high sheriff and he be undersheriff and the other defendant his bailiff  two of the defendant enter into the house and the door be open take the good  and the plaintiff shut the door upon the bailiff and imprison they for two  hour wherefore he break open the door and the lock to rescue his bailiff who  be eaden tqansgressio it be thereupon demurrer and all the court hold that  although a sheriff can break open a house be to take execution by a become  facias yet when the door be open that he enter and be disturb in his execution  by the party who be within the house he may break the house to rescue his  bailiff croak throw and to take execution wherefore it be adjudge for the  defendant and in regard this restrain of the execution and detain of the  bailiff be confess by the demurrer a attachment for the good behaviour be  award against the plaintiff
case white case a mandamus do not lie to restore a person to the office of  clerk of the company S c salk S c ld ray do you move for a mandamus to restore  white to the place of clerk to the company of butcher in London it be allege  that this be a charteroffice in which the party have a freehold and he quote  the case of a attorney of a inferior court where it go holt chief justice that  case differ from this for first the office of a attorney concern the public  for it be for the administration of justice and second he have no other remedy  but you be altogether private and if it be a freehold you may have a assize or  a action on the case and a mandamus ought not to go where the office be  private or where the party may have a assize indeed it have go for a register  in a ecclesiastical court but it be against my will S c salk agree that the  mandamus be deny but S c ld ray say that in Trinity term the mandamus be grant  for the court say it be the same case with that of a townclerk for which see  Poph vent style side but as to the principal point see king v mayor of London  term Rep notorious facts and king v mayor of London term Rep a modern er p
case white case Prohibitionto a suit for the payment of a mortuary Lut cro car  Mod t Rep prohibition the plaintiff suggest that by the statute of Henry c no  mortuary shall he pay but in such place where it ought to be pay before the  make of the statute yet he be draw into the spiritual court against the say  statute and prohibition be grant and love say so it be adjudge in Elizabeth
case Whitfield against powell prohibition prohibition grant to the spiritual  court to stay a suit there for call a woman a pocky whore a
case Whitlock against squire tout temps pres must be from the time the cause  of action arise and not from the time of tender this be a indebitatus  assumpsit for good sell and deliver the defendant plead in bar that before the  time of bring the action be make a tender of the money and that ever since the  tender a preparation to be to pay the money it be insist upon that the plea in  bar be not complete enough for he ought to have plead that he have be ready to  pay the money riot only ever since his tender but from the time the good be  deliver videlicet from the time the money first become due and the court seem  to think this a material omission for it may be the money be demand before the  tender and then there be a good cause of action
case Whitmore versus wield all eoden die in court ante case upon the Lord  chancellor come to the seal the plaintiff obtain a order to have this cause  hear before his lordship and not to stay for the judge certificate and this  day come on to be hear accord the Lord chancellor be of opinion that the  devise to the Lord craven during the minority of the testator son upon the  whole complexion of the will shall determine when the son attain seventeen  year of age the testator appoint his only son executor of his will and he  nominate the earl of craven executor during the minority of his say only son  but the will be not state at length in the register book and dly have that be  otherwise yet it be a trust vest in the son and the remainder over be void the  word of the devise be as follow the surplus of my personal estate my debt  legacy and funeral charge satisfy I give to the right Hon wm earl of craven  for the use of my only son William Whitmore and his heir lawful descend from  his body and in case that my say only son William Whitmore shall decease in  his minority without have issue lawful descend from his body then for the use  of the issue male e of my sister c it be the general rule that where a chattel  interest come to one who will be tenant in tail have it be the case of land  the limitation over be void Trafford v Trafford atk Foley v Burnell Br Ch Rep  et vide   Litt a and Mr hargrave dote and therefore decree for the plaintiff  and say if the matter in question have be but for pound it will not have hold  a hour debate Reg lib b fol Vernon chancery case er p
case Whitnel against cook Michaelmas term pound Elizabeth roll de son tort be  not a good rejoinder where any claim arise as to land ante Owen Bulst replevin  the defendant as bailiff to one pine who be seize of the three part of the  place where c justify for damage pheasant the plaintiff say that a stranger be  seize of the other two part and by his licence he put in his cattle the  defendant say de injurid sudlproprid without tali cause c the plaintiff  demurrer and it be adjudge to he no plea but he ought to answer to the special  matter in the bar croak Elizabeth er p croak Elizabeth easter term Elizabeth  in the queen bench sir John Popham Knt chief justice sir Francis gawdy Knt sir  Edward Fenner Knt sir John Clench Knt justice sir Edward coke Knt  attorneygeneral sir Thomas Fleming Knt solicitor general
case Whittingham against andrews a ejectment de mine charcoal in such a parish  be good without say how many SC Mod SC salk SC comb SC Carth error upon a  judgement in ejectment in Durham exception be take that the declaration be on  a lease in ejectment de mine charcoal in such a parish and not say how many or  all Yelv e contra argue that it be well enough for de omnibus will be all one  with this and this general be equivalent to a universal and cite   more plan  Adjornatur a note Cummings case cro James be the first case adjudge that it  will lie for a coal I
case whitworth versus golding at the chancellor house Lord chancellor eoden  die if the plaintiff seek to be relieve in equity on the matter of a deed he  must make oath of the loss of it but not if he pray only a discovery or to  have it produce at a trial or the like Nels vo Rep in canc vern contra cur  cancel Nels Fol Rep in canc see the precedent case the plaintiff set forth by  his bill that he be lord of a manor in ken and that the defendant be one of  his tenant that the manor house be repair he take all the deed relate to the  say manor out of a closet that lie open together with a counterpart of his  lease in which there be several covenant for a breach of which he can bring  his action at law against the defendant if the counterpart be in his hand and  pray a discovery and relief the defendant make a full answer to the discovery  that he have deliver all the write back to the plaintiff and demurrer to the  relief because the plaintiff have not annex to his bill a affidavit of the  loss of the deed and the distinction allow in Chan Cas vern Nels Fol Rep in  canc be admit in this case that a oath be necessary where the bill seek to be  relieve on the matter of the deed because the want of the deed be the only  foundation the plaintiff have to draw the mosely report cause from law to  equity but where the bill seek no decree but only to have the defendant  discover or to have the deed mosely report er p produce at the trial or the  like the oath be not requisite because it be not to be presume that the  plaintiff will put himself to the expense of a suit if the deed be in his own  hand and the demurrer be allow as to the counterpart and overrule as to the  other deed
case WHYDDONS case see London freehold c Com pany v Suffield Ch the delivery  of a deed can be aver to have be make to the party himself as a escrow vide  post   light a sheep touch   annuity the defendant say that he deliver the  deed of annuity to the plaintiff as a escrow to he his deed upon a certain  condition to he perform otherwise not and that the condition be not yet  perform the plaintiff demurrer and without argument adjudge for the plaintiff  for the delivery of a deed can be aver to he to the party himself as a escrow  vide Henry pl Henry and Morices case dyer b a in margin
case wiat who tam against ayland in what case a mistake in the memorandum may  be amend S c salk S c holt it be a declaration of Michaelmas term general  which prima fancy be to be intend to be of the first day of the term and the  fact be lie to be on the fifteen of November after so the action bring of  their own show before cause per curian if upon examination it appear that the  declaration be after the fifteen it shall be set right as if the bail be file  after the fifteen or the bill of Middlesex take out and so it be refer to the  master to examine they all agree it can not be amend by any statute of jeofail  but if bail be file after the fifteen of November that will be a good warrant  for a memorandum of the day that the declaration be of for none be in  custodian mareschalli till bail file note at last the party agree to waive  execution and go to trial again
case WICHALS against johns Easter Term Elizabeth roll a promise against a  promise raise a sufficient consideration to support a assumpsit ante post roll  ab more yely Mod vent hard Leon ld ray assumpsit and declare that in  consideration that the plaintiff at the instance of the defendant have promise  to pay to one Roger wherein the defendant be indebt to the say Roger that the  defendant assume he will pay to the plaintiff this when he shall he require  after verdict for the plaintiff it be move that this be not any consideration  for it be not any benefit to the defendant because he be not thereby discharge  of his debt and it be not allege that he pay it to Roger nor be the promise  allege to he make to Roger and if it have be make to Roger he can not  thereupon have maintain a action against the plaintiff for there be not any  consideration hetween they and of that opinion be gawdy and Fenner upon the  first motion for gawdy say if one he indebt unto I and another come unto I and  promise that he will pay it this be void and nothing to purpose but if he  promise in consideration that I will forbear my debt that he will pay it at  such a day if the debtor do not pay it this be good wherefore c a but it be  move again at another day and Popham and Clench a see now car c croak  Elizabeth er p hold it to he well enough for there be a mutual promise the one  to the other so that if the plaintiff do not pay it to Roger the defendant may  have his action against he and so also the defendant shall he char ged as to  he and a promise against a promise be a good consideration but it be move that  the declaration be not that the plaintiff promise to any to the defendant or a    that horned owl her and therefore it be not good but that be not well  apprehend by the urt as it seem but judgement be give for the plaintiff
case wicket and foot against creamer death of one plaintiff in error be no  abatement of the writ S c salk S c ld ray S c holt debt on a bind for  performance of covenant against the defendant and judgement for the plaintiff  whereupon the defendant bring error but put in no bail wicket die the survivor  sue out two to know facias quare execution non of the judgement and on two  nihils return he have a award of execution and a capias ad to give  satisfaction issue whereupon the plaintiff be take in execution Robert Eyre  move to discharge he because the writ of error be a supersedeas to the  execution without any bail it be a bind for performance of covenant and not  for payment of any money and the death of one plaintiff in error be no  abatement of the writ quod curian to go away but it be urge on the other side  that the execution be good because the defendant have a opportunity of plead  the writ of error pen which he not do can not take advantage of it now but  curian contra for two nihils be return he have no day to plead it but if a to  know to make have be return it have be otherwise and on that difference a  hearing complaint have be often allow and disallow and in many case where the  defendant may have a hearing complaint the court will relieve on motion but if  the ground of the hearing complaint be a release or other discharge it may be  reasonable to put the defendant to his hearing complaint that the plaintiff  may deny it if he think fit and a supersedeas be in this case award because  erronice to flow out and in this case the survivor have no occasion for a to  know facias to revive the judgement for it survive to he
case wickham bishop of Lincoln against cooper a bishop may prescrihe in non  decimand of a manor hold in right of his bishopric and it be not destroy  though grant in fee and then regrant to the bishop ante Po t I r ab Leon more    burr wood Inst prohibition for sue for tithe and make suggestion that he and  all his predecessor c be seize of the manor of which the tith es be demand  this charge of tithe during the time that it be in their possession and show  that in the time of Edward the that this manor wasconveyed to the duke of  Somerset and be afterward regeanted and come to the bishopric again Fleming  move for a consultation for it be a prescription in non decimand which can he  and upon his own show the prescription be interrupt and can be revive curian  contra for the prescription for a spiritual person be good and the bishop of  Canterbury and Winchester use to prescrihe so and the prescription be not  determine when it come to the bishopric again for tithe be not a thing issue  out of land and unity of possession do not extinct they nor a release of all  the right to the land
case wicks against shepherd in the exchequer in slander special damage be a  good cause of action although the word themselves be not actionable post  action for word whereas he be of a good fame and a suitor to such a woman to  marry her by which marriage he be likely to have have a good preferment and be  in possibility to obtain her that the defendant malicious and to hinder he of  this marriage use these word to the say woman in presence of other of the  plaintiff he be a shark fellow and get his live by deceit and use himself  violent to his former wife and deny her necessary and be a needy fellow and  his condition be wicked and for his religion he be a brownist by reason of  which word the say woman refuse he and he lose his marriage the defendant  plead not guilty and find against he and move in arrest of judgement that  these word be not actionable but after argument because it be show that by  reason of those word he have lose his marriage it be hold good cause of action  and adjudge for the plaintiff and afterward judgement be affirm in a writ of  error in the exchequer Chamber and sir Nicholas hide chief justice propound it  to justice Jones justice Harvey and myself whether this action be maintainable  and we all agree that the action well lie for the loss which he have by speak  those word otherwise the word without such circumstance will not maintain a  action as it be in the case of whether Davies   a croak car er p
case wicks versus marshal and other December where a cause stand over for want  of make some defendant party you can proceed against any other unless the  plaintiff will submit to dismiss his bill as to those defendant who be  improper bring before the court the bill be bring by the plaintiff as assignee  of Knott a bankrupt against the defendant to account for a sum of money which  the bill charge they have receive of Knott since his bankruptcy some of the  defendant be agent only and not principal the cause be order to stand over in  order to make the principal party Mr Wilbraham counsel for the plaintiff will  have go on against another defendant as it be a distinct claim from the rest  of the defendant but Lord Hardwicke say where a cause stand over for want of  make some defendant party you atkins can proceed against any other defendant  unless the plaintiff will submit to dismiss his bill as to those defendant who  be improper bring before the court his lordship say that it be hot usual to  bring a bill here for a demand of this nature when you may recover at law  provide you can prove the person who receive the money of the bankrupt have  notice of his be bankrupt note his lordship order martial to pay pound admit  by his answer to have be receive by he of the bankrupt to the assignee under  the commission Reg lib b fol but it must not be in a action for money have and  receive to the use of the assignee under the commission because that will  affirm the contract but a action of trover will lie for this money vide billon  v hide ante vol note
case Widdrington against Charleton appeal for murder this be a appeal bring by  the wife for the murder of her husband to which there be a demurrer reeves for  the appellee insist that as in the writ the t in the word call be turn up the  writ be insensible and in the eye of the law no writ at all Cheshire for the  appellant answer that the turn up of the t be no know abbreviation shall go  for nothing cro mich ball v roe reeves for the appellee then insist that there  be a discontinuance for in the exigent the word de death Himself man unde the  dawn call be omit and therefore it do not appear that this exigent be sue out  in this action modern report Cheshire for the appellant say that this be a  exigent sue out between the same party that the capias be and that there be no  variance between the capias and the exigent though there be something more  contain in the capias than what be in the exigent and upon prayer of oyer of  mesne process in this action this exigent be recite and thereby admit to be  the exigent in this suit he argue further that this discontinuance if it be  one be aid by appearance and that the difference take that appearance and  pleadingover aid a discontinuance but not appearance and demurrer be not law  Henry fol cro roll Abr   Rep boss case Ventris Adjournatur
case wield against chamberlain previous to the Geo c word of contract de  presenti repeat by a man and woman after a parson make a valid marriage though  no ring be use on a trial before Pemberton chief justice on a issue of  marriage or no marriage the evidence appear to be this that a man have take  order accord to the church of England in former time and eject in do contract  they in these word I a b take you b c for my espouse betrothe wed wife and  will be your espouse betrothe and wed husband until death the parson speak  these word the man repeat they after he and the shower KB woman the like  different to move and no ring accord to the commonprayer book but a  cohabitation as man and wife for ten year afterward Pemberton chief justice  incline to think it a good marriage there be word of contract de present time  repeat after a parson in order but upon the importunity of counsel a case be  to be make thereof a
case WIGFORD against gill trespass will not lie for a injury which be the  consequence of a legal act   a b ante salk trespass the case be I S erect a  milldam part upon his own land and part upon the land adjoin the owner of the  land adjoin pull down the dam upon his land by which all the dam fall down and  the water do run out all the court hold it be justifiable so if one erect a  wall upon his own land and the land a see car c S and Geo c S croak Elizabeth  er p of his neighbour and the neighbou pull down the wall upon his land and  thereupon all the wall fall down this be lawful
case WIGGELY against bradshaw Hilary term Elizabeth roll judgement reverse  error Bradshaw have judgement to recover by confession in debt but d no  judgement to recover damage and for this cause the judgement be reverse
case Wigmore against veal tender can be plead after imparlance for no bar to  the action but excuse the penalty ante a tender can be plead after imparlance  it be no bar to the action and only excuse the penalty and therefore in plead  a tender you must plead tout temps priest and conclude petit judgment de  financial loss which can never be after imparlance
case Wilbraham against DOLEY in error to reverse outlawry for error in law  bail need not be give to the original action as it must be for want of  proclamation S c ld ray S c salk in error to reverse a outlawry for error in  law the question be whether the plaintiff must give bail to the original  action as he must do when it be to be reverse for want of proclamation upon  the statute of Elizabeth c and gold justice cite a case out of Littleton  report where he be hold to bail upon a error in law the original cause of  action be such as require special bail but per holt chief justice they ought  not to be hold to bail upon any error in law for the statute of Elizabeth  mention only want of proclamation and your case out of Littleton report be  bungle report and they all say if it do appear to they that there be a want of  proclamation in the outlawry and a error in law beside though the party assign  the error in law only yet they will reverse it for the want of proclamation  and so hold he to bail but if there be not want of proclamation but mere a  error in law there need be no bail for as the statute make a new error for the  advantage of the outlaw person so it think to recompense that with another to  the creditor that in that case he shall have good bail to his action but  however they direct the party outlaw to put in bail to answer the condemnation  or render his body note per holt chief justice special bail to reverse a  outlawry must be simple to answer the condemnation but other special bail  modern report be to answer condemnation or render his body and it be agree if  the party be take up upon the cap outlaw he must give bail to reverse the  outlawry and they further say the sheriff be fineable for leave such error in  outlawry
case Wilcox versus sturt defendant plead that the plaintiff in equity bring a  action at law for the thing in question and on full evidence be nonsuit upon a  plea the bill be to be relieve for a sum of money secure to the plaintiff by a  mortgage and for which bind be also give by the defendant as to the bind the  defendant by way of answer set forth that the same be deliver by the defendant  as escrows Vernon chancery case only for the plaintiff use to be deliver over  to the plaintiff upon the plaintiff give a release which he refuse to do and  the defendant plead that the plaintiff upon full evidence be nonsuit in a  action of trover bring at law for those bind it be urge by the plaintiff  counsel that a nonsuit be a new sort of plea and it be no bar even at law much  less ought it to be so take in equity and it look odd that when the plaintiff  come and complain that he have no remedy at law the defendant shall till the  plaintiff that the plaintiff be without remedy at law and therefore he shall  not be relieve in equity and if nonsuit which often happen upon trivial  mistake and many time upon accident shall be admit as bar in equity it will  make a end of a great many case as to the validity of the plea no certain rule  be give but Lord chancellor say in this case you shall have no decree for the  duty on the bind as upon bind lose or tear but you shall be at liberty to give  the bind in evidence to prove the debt secure by mortgage in which rule each  side seem to acquiesce the decree be that the plaintiff shall be at liberty to  proceed in this court upon the answer already put in to recover the money for  which the say bind be give and shall be at liberty to mention the enter into  the say bind by way of evidence for the recovery of the say money as there  shall be occasion and as to the relief touch the re delivery of the say bind  his lordship do order that the say plea do stand and be allow Reg lib b fol
case wile against Cookman easter term Elizabeth roll justification in slander  ante post Noy more Com dig Cowp action for these word thou waste forswear in  the leet innuendo a leet hold in such a manor such a day c the defendant plead  that the plaintiff the same day with other be swear before the student to  present c and they present that such a ditch be not scour ad nocumentum c  which be false and so justify and it be thereupon demurrer and now move that  this be not any plea because it be not say that they know it of their proper  notice to he false otherwise it be not perjury for they make their presentment  upon evidence which if they believe and present false accord it be not any  perjury gawdy and Fenner it be proper and common intend that they shall  present false upon their own knowledge and if they present upon evidence the  plaintiff ought to show it by replication Popbam but a man may not justify by  intendment but it ought to be precise allege gawdy there be another incurable  fault therein for it be not allege that the ditch be within the leet a and if  it he not the presentment thereof be out of their charge and it be do any  perjury which be agree by all the justice wherefore it be adjudge for the  plaintiff Clench demand whether a action lie for these word and all the  justice hold that it do
case wile against harding bail be not discharge upon the surrender of the  principal unless a exoneretur be enter on the bailpiece a rule be make to  discharge the bail on a pretence that the principal have surrender himself  before the return of the second to know facias against the bail it be move to  discharge that rule for two reason first for that if there be any such  surrender the plaintiff attorney have no notice of it and second if there have  be notice the defendant attorney shall have bring the bailpiece before the  master to have it discharge otherwise it be no surrender by the express rule  of this court and neither of these thing be do the surrender be not regular  and therefore the bail be not discharge there be no exoneretur enter on the  bail piece not that the plaintiff own the surrender be make in time the court  it be the practice of the court that the bail be not discharge without enter a  exoneretur on the bailpiece on notice give of the surrender but if the  defendant do not give notice it be a irregularity which will not be supply by  the court without pay cost but if the bail surrender the modern report  principal fair though not strict regular they ought to be favour and be  indulge by the court to surrender he at any time before the return of the  second to know facias now the question in this case be whether the principal  do surrender himself before such return and the best evidence of that matter  be the bailpiece but if he do surrender himself and give notice he ought to  pay cost until the bailpiece be mark for he be to take notice of the  exoneretur and not of what the attorney for the plaintiff tell he modern  report er p
case Wilford chamberlain of London debt lie in the king bench upon a  recognizance take in London ante   light note   cro car wood Inst Bl Com Cowp  debt on a recognizance acknowledge to the say plaintiff in London accord to  the custom there for orphanage money and allege the custom that they have use  there to take such recognizance and the question be whether debt lie in this  court or be to he bring in London only where it be maintainable by the croak  Elizabeth er p custom?And all the court resolve that it be a good recognizance  and the debt lie for it in this court and coke the queen attorney who be of  counsel in the case say that it have be so adjudge in this court hetween  sharington and Fulwood
case Wilford versus Beaseley may post SC but not S p evidence in the  crosscause concern the matter in issue in the original cause not allow to be  read after a decree in that cause otherwise as to the deposition in the  crosscause not relate to the matter put in issue in the original Lord  chancellor the plaintiff bring a original bill for relief the defendant make a  full defence witness be examine and a decree be pronounce against the  defendant in December may the defendant bring a crossbill touch the same  matter put in atkins er p issue in the first cause the defendant answer and  the plaintiff in the crosscause examine other atkins witness for the same  matter put in issue by the answer in the original cause which evidence be  object to as a inlet to perjury and the objection be allow as in a similar  case of Kamner versus gulston June if the defendant have not examine all his  witness in the first cause he shall have enlarge the time for publication N B  publication pass in the original cause may and the decree be in the December  follow Mr attorney general for the plaintiff in the crosscause insist that the  matter in the crosscause be different from what they be in the original bill  it be not material say Lord Hardwicke that all the defendant witness be not  examine to the matter in issue in the original cause where a that have be  examine if neither party have examine witness in the original cause the court  may be induce to admit the deposition to be read in the crossbill in the  present case witness have be examine and his lordship refuse the evidence in  the crosscause to be read touch the matter in issue in the original cause but  give liberty to read any of the deposition in the crosscause not relate to the  matter put in issue in the original cause
case WILKINDS and his wife versus hunt the same day a administrator be not in  every case Chargeable with interest on account of personal estate it be not a  invariable rule that a administrator shall be allow cost at all event Lord  chancellor it be not a rule in all case that I shall charge a administrator  with interest on account of personal estate but here have be a possession of a  personal estate in the hand of a administrator for thirty year and part of it  be out upon mortgage which produce interest but however this point must be  defer till the master have make his report as to the cost let all party have  it to the time of the hear and reserve the consideration of other cost till  after the master report for it be by no mean a invariable rule that a  administrator shall be allow they at all event Reg lib b fol see hide v  Heywood ante
case Wilkins against mitchell mandamus refuse to execute a judgement in a  inferior court it must be by writ de execution judgment out of chancery S c  salk debt for rend in the court of Cambridge where upon the evidence the  plaintiff be nonsuit the defendant have judgement but the mayor refuse to  execute the same take security from the plaintiff for his indemnity whereon a  mandamus be move for or that the mayor shall show cause why he shall not  execute the say judgement but the court deny the motion see he have a legal  remedy a videlicet a writ de execution judgment out of chancery
case Wilkinson against matthews in what case a person may be arrest on a  escapewarrant upon a motion to discharge the person take upon a escapewarrant  after he have obtain a dayrule it be rule that the defendant shall show cause  on such a day and afterward upon that day be show for cause that the take upon  this warrant be about eight of the clock in the morning and long before the  court be sit so that the plaintiff can not have a dayrule at that time but  this be overrule because in this case there shall be no fraction of a day and  the opinion of the late chief justice holt be now mention that where a modern  report er p person be take upon a escapewarrant modern report who have obtain  a rule for that day that the prosecutor shall be commit and that it be  sufficient if the party have deliver his name in write to the clerk the night  before the day be move for a dayrule as soon as the court shall sit but it  appear in the principal case that the dayrule be obtain after the party be  take upon the escapewarrant on purpose to avoid the commitment by virtue of  that warrant and that his name be not deliver to the clerk the night before  but sit the court it be rule that he shall continue in custody see Bradshaw  case where a rule be make on a constable to show cause c for arrest one who  have a ticket and her name be in the petition of the day but the rule be never  draw up note to former edition a
case Wilkinson against matthews in what case a prisoner out on a dayrule may  be take on a escapewarrant Whitaker sergeant move to discharge the defendant  out of Newgate be take on a escapewarrant the day he have a dayrule it be  declare by the court that if one be take at four in the morning and at twelve  the same day have a dayrule there be no fraction of a day he be screen and so  it be hold in holt and Parker time Pratt chief justice to I it seem very odd  though resolution be not to be shake refer on report be never enter his name  with the marshal overnight until after he be take at five oclock in the  morning and put in petition sit the court the court refuse to discharge he out  of custody
case Wilkinson against MERRYLAND Trinity term car roll in a devise of all my  good lease estate mortgage c the word mortgage do not extend to pass a estate  in fee vide post ante Jones roll ab Mod Powel to Bac ab pale yellow Dev Mod  vern Cowp dougl term Rep term Rep h Bl Rep c b term Rep ejectment upon a  special verdict the case be one die seize of diverse land in a b and c in fee  the land in c be in he by way of mortgage and forfeit a he devise the land in  a and b to several person and their heir and devise to diverse person several  legacy and then add this clause all the rest of his good chattel lease estate  mortgage debt ready money plate and other good whereof he be possess he devise  to his wife after his debt and legacy pay and make his wife executrix and die  the wife enter into the land mortgage and devise it to the defendant and his  heir and die the lessor of the plaintiff as heir of the devisor enter and make  the lease to the plaintiff and the defendant actual oust he the sole question  be whether the fee pass to the wife by this devise by the name of all his  estate mortgage c and the court hold that no fee pass to her wherefore rule be  give that judgement shall be enter for the plaintiff unless cause be show to  the contrary b
case Wilkinson against meyer where the covenant be mutual a request to perform  they be not necessary S c post but seem not to be S p S c stram S c ld ray  covenant upon a agreement in write for south sea stock wherein the plaintiff  covenant by indenture to transfer the stock before the twentyfifth day of  march or within four day after and the defendant covenant to accept the same  and to pay so much money for it infra time predict which he have not pay the  defendant demurrer to the declaration it be insist for the defendant that here  be a indefinite time set forth for the performance of this covenant therefore  the plaintiff ought to have set forth a request to perform it otherwise he can  be entitle to this action the court this be a mutual covenant and in such case  the plaintiff may maintain his action without lie any request make by he to  the defendant to perform it or that he on his part be ready and offer to  perform it for the time be not indefinite as have be suggest because the  defendant be to accept the stock and pay the money infra time predict which  must be within the four day and therefore there be no occasion to aver a  request in this declaration this case be the same with that of Blackwell v  Nash ante a only in that case one day be appoint and here be four day  judgement for the plaintiff
case Wilkinson against NETHERSOL a penal information will not lie in a court  of piepowder but judgement give on it be not void but voidable by writ of  error   a Inst hawk dougl information upon the statute for buy of leather  bring in the court of piepowder of d the defendant be there condemned and in  execution and be bring hither by haheas corpus it be move that the judgement  be void et coran nonjudice for although it he the king court yet suit sbfZil  not he there upon any penal law but within one of the queen usual court at  Westminster as Plowden Stradlings case and hereto all the court agree that a  suit be not maintainable there but because they have power to hold plead in  action of debt and so have colour to hold plea in this action the judgement be  not void but voidable only by error Anderson say the court of piepowder have  this name because they be there to hold plea only of thing little weight  videlicet of contract and other thing do in the fair
case Wilkinson against ROCKLAS the good of a outlaw may be recover by  information in the nature of trover Hardres Mod Mod Mod fitzg comens Peer wms  Peer wms ld ray Tidds practice hale it be the course of the exchequer in case  of a outlawry to prefer a modern er p information in the nature of trover and  conversion against he that have the good of the party outlaw
case wilkinson case the court may award restitution where possession be  colorable obtain more Wilkinson by colour of a writ de way laicd removendd  award out of the chancery returnable in this court be put out of possession by  the sheriff and the possession by that mean get by his adversary and this be  suggest to the court by affidavit restitution be award and to that purpose a  precedent be show Elizabeth rot hetween Erkensall and palmer for the parsonage  of Wiherton in the county of Cambridge in such case upon such a suggestion  restitution be award
case Willett versus earl at the roll master of the roll Eq can ab pl Le v S p  rend incur in the lifetime of a testator though reserve upon a parole lease  shall be pay before bonddebt upon a special report the point in question be  whether a executor who have pay the arrear of rend reserve upon a parole lease  incur in the lifetime of the testator have well pay and administer this money  so as to bar the plaintiff who be creditor by bind the court be of opinion  that this rend though upon a parole lease do partake of the realty and  therefore to be prefer to debt upon bind and that the executor have well apply  and duly administer the asset and the case of Phillips v Creech be cite where  it be so adjudge in the common plea car two rend be of a equal nature whether  the demise be by parole or by deed and neither be to be prefer to a debt by  specialty on the other hand a debt by specialty be equal but not superior to  rend therefore a executor may plead payment or recovery of one against another  but in debt for rend he can plead there be a bind due nor v ice line per holt  chief justice gage v Acton common Rep Lord raym salk SC Newport v Godfrey Mod  vent S c Stonehouse v Ilford common Vernon chancery case er p Vernon chancery  case volume case argue and adjudge in the high court OF chancery original  publish by order of the court from the manuscript of thomas vernon esquire  three edition Vol two de term S the number three in curian porter
case William against farrow if a feoff be plead in satisfaction of a bind the  acceptance must be lie in the county where the feoff be make debt upon bind  lie in London and a feoff of land in another county in satisfaction thereof  and the acceptance thereof in satisfaction in the same will be plead in bar to  which there be a special demurrer because the acceptance be not lie in London  per curian they must lie the acceptance where the feoff be it be local but if  it have be a transitory matter it will not have make it foreign by his plea  and when such plea be local it ought not to be accept without oath of the  truth of it the plaintiff have leave to discontinue upon payment of cost
case William ashton case Suffolk in the thirtyfirst year of Henry indictment  for hightreason for compose and publish song purport that the king have sell  the nation c William Ashton mile indictatur pro eastern quod ipse et some  proditory to visit billas et writing in rythmis et balladis fact et build  super Ostia et window to visit man to put down to read out in the same quod  dominus king per a council leader Suffolciae Episcopi Sarum Episcopi  Cicestriae domini de say et another de council domini king existent to sell  regna England et France et quod king France maternal uncle king to have royal  power super dictum king to say et to scratch haec in all respects et one et  similiter it distresses me litter man de Kanc ad insurgend towards king ad  animate leader Eborum c ad war to lift up per indictamentum Suff year h
case William BELMYNS case Norfolk year the ninth edvardi four indictment for  make and publish certain article c William Belmyn de Norwico mercer indictatur  quod cum robertus de Ryddesdale a lasting tempore to put forth position et  rank king edvardi four c adnihillare c et Self king per war c de royal c to  bereave c inter alias falsehood treason c separate full of joints traitor c to  make to make public et proclamavi et quod prediction William quandum scedulam  course to say before a joint continent at n c to point out et to make public  et the same full of joints pro good point of time et common usefulness royal  power expedient affirmavi et quamplure personas ad Self full of joints  manutenendum et approband to call out notam non to say proditory in eoden  indict
case William bird senior and William bird junior against orms a entire  judgement against two shall be reverse if one of they be a infant and appear  by attorney instead of guardian ante post roll Abr keb vent sand Mod Mod Mod  Allen style show cro car error of a judgement in trespass in the common plea  because they appear by attorney whereas William bird junior be a infant and  ought to appear by his guardian upon this error assign it be demurrer because  it be allege that although it be cause to reverse a judgement against a infant  yet it be good enough against he of full age and he shall not take any  advantage of the nonage of his companion croak throw but it be move on the  behalf of the plaintiff in the writ of error that the judgement be entire for  damage against both it shall not be reverse for one only but for both and  therefore be vouch that in a ejectment in Chester this very term error be  bring by two for the nonage of one and the rule give for the reversal thereof  but the court say they do not remember any such rule give and that they will  well advice thereof Edward pl Henry pl ass a see Geo c barn bar king b Cromp  prac croak James er p
case William burn against haddon if a man erect a mill to the nuisance of  another a action will lie against his lessee and the place need not be show  ante post roll salk Com dig ld ray onslow n p for that he be seize in fee of  two acre of meadow in Derby and John Quarles be seize in fee of a watermill in  d whereto the water run out of the river of sore by the say two acre and that  the say John Quarles erect ripan pool molendini pillage so high that by the  exaltation of the water it overflow the say two acre of meadow and yet  overflow they and that he afterward let it to Haddon after verdict upon not  guilty plead and find for the plaintiff it be move in arrest of judgement  first that there be no place mention where stagnum molendini shall be and  there the nuisance be do and it may be in another will say non allocatur for  it shall be intend in the same will where the mill be second it be allege that  the request to abate it be make to the lessee where it ought to have be to the  lessor who have the freehold for the lessee have not any authority to abate it  be do in the time of his lessor and it shall be waste in he nor be it any  nuisance erect by him Sed non allocatur for the continuance be a nuisance by  he against who the action well lie wherefore it be adjudge for the plaintiff
case William collins against edward vaughan a information Henry c S be have if  it say absentavi omit willing Cowp Cowp information for the queen and himself  against the defendant a vicar of the church of Engliscomhe in come Somerset  for that absentavi see and have not be resident by the space of a whole month  together after verdict Walmsley move in a the defendant be entitle to cost on  a nonsuit croak Elizabeth er p arrest of judgement that the information be  insufficient for the statute be if he absent himself v oluntari which be not  allege for if he he absent by compulsion or restraint it be out of the statute  and of that opinion be the whole court that the word volunlari be of force and  must he in of necessity
case William Griffith against Ro APPRICE error lie in the king bench on  judgement in ejectment at the grand session in Wales post   more error of a  judgement in ejection firmoe in the county of Denbigh before the justice there  the error be apparent for the writ do bear date April Elizabeth and the  ejectment be suppose April Elizabeth and so can be defend but winter say that  by the Henry c f judgement give in personal action in Wales shall he reverse  there and this be a personal action e gerton solicitor contra for this action  do sound in the realty and the statute do not intend that title shall come in  question before the counsel of the march and the statute be in the affirmative  and therefore do not take away the power at the commonlaw and although he may  sue there by the statute yet he may sue here if he will as he may before a  afterward it be adjudge that this court have jurisdiction and the judgement be  reverse b see the conclusion of the ease of bright v frost post a Inst bro Yar    light Plowd t Rep croak Elizabeth er p
case William house case in the court of ware a variance between a melius to  seek after and the original inquisition of office will not bar the title of  the king if the variance be immaterial vezey Cowp term Rep see the yearbook  Henry pl at the same time where a mandamus issue after the death of William  house for that it be find that he die seize in fee of such land in n send de  quo well de who to hold c croak throw ignorant a melius to seek after issue  recite the seize find and the die seize send de quo well de who et per quaee  the condition of a slave to hold ignorant so in the recital add et per who the  condition of a slave more than be in the inquisition and upon this writ the  seize be find as before send de quo well de who well per who the condition of  a slave to hold ignorant the question be whether the melius to seek after be  void by reason of this misrecital or not or whether it be good to entitle the  king to the wardship and it be resolve by they all that this double ignoramus  be sufficient to entitle the king and that it be not any misrecital for when  they find that de quo well de who to hold ignorant and it be not find by what  service it be thereby imply that per who the condition of a slave ignorant so  it be good enough and if it be not to be so intend yet it be good enough for  the misrecital be of a thing not material a now by car c all tenor by knight  service of the king or of any other person or by knight service in capite and  by soccage in capite of the king and the fruit and consequence thereof be take  away and discharge and all tenor of honour manor c hold either of the king or  any other person be turn into free and common soccage Com dig croak James er p
case William Maddox and robert godfrey against tailor and other trespass for  enter the house of a and take the good of a and b be bad if entire damage be  give S c ld ray trespass for break and enter the house of William Maddox and  take the good of William Maddox and Robert Godfrey ad damnum Self and a  verdict for the plaintiff and entire damage it be move in arrest of judgement  that this action can not be maintain since the jury have give entire damage  for how can the plaintiff William Maddox who have no right in the house for  that be in Robert Godfrey recover damage for the unlawful entry so the  judgement be arrest trinity term the eleven of George the first in the king  bench sir Robert Raymond Knt chief justice sir Littleton powys Knt sir John  fortescue aland Knt James Reynolds Esq justice sir Philip York Knt  attorneygeneral sir clement Wearg Knt solicitor general
case William parson the frowde against christopher parson alias frowde Trinity  term Elizabeth roll a award that a shall enjoy a house pay rend to b be not a  condition upon the nonperformance of which the estate shall cease ante more  cro James barn the omission of a alias speech will do vitiate a award debt on  bind for the condition be to stand to a arbitrament the arbitrator among other  article award that the defendant shall enjoy a house call Hennetshouse of  which the plaintiff be lessee for year during the term pay to the plaintiff  yearly twenty shilling and for nonpayment of this twenty shilling action be  bring the defendant plead payment and issue be join and find against he it be  allege in arrest of judgement that this be a condition annex to the award and  by nonpayment of it his estate shall cease and not such part of the award that  for the nonpayment of it debt shall he upon the obligation but the court hold  clear that this be part of the award and for nonpayment of it debt may he  broughtupon the obligation and so be the intent of the arbitrator another  exception be that the replication be et prcediclus William parson and say not  alias frowde so part of his name be omit and he be not intend the say person  that be name before but the court hold it not matePial for it be Elizabeth  prcedidus lVillielmus that which come afterward be not material and it can be  intend another person and if it he it shall he amend and it be adjudge for the  plaintiff notam mich pound Elizabeth n Tressam v robbins accord adjudge for  the first point see will c S
case William platt assignee of Richard Platt against PLOMMER Michaelmas term  James roll a copyholder in fee grant a lease and afterward surrender to the  plaintiff quaere if he can maintain a action as assignee against the lessee  for non performance of covenant con post cro James Yelv hob Carth Acc lev salk  show skin covenant upon demurrer the case be that a copyholder in fee with the  lord licence make a lease for twentyone year by indenture render rend wherein  the lessee covenant for himself his executor and assign with sufficient surety  that he will erect a pale about such a close and lie upon the land demise  croak car yearly forty load of die and sufficient repair the house afterward  the lessor surrender to the use of the plaintiff and his heir who be admit  accord and for not perform these covenant the plaintiff as assignee bring his  action of covenant the question be whether the assignee may maintain this  action by the commonlaw or by the statute of Henry c the defendant upon this  declaration demurrer the principal doubt be whether a copyholder who come to  his tenement by surrender of the lessor be such a assignee as may have a  action of debt or covenant by the statute of Henry c second admit he be not  within the statute whether by the commonlaw covenant be make by express word  with the lessor his heir and assign the assignee for these covenant may  maintain this action this case be move by Heneage finch for the plaintiff and  by crawly for the defendant et adjournatur a
case William RICHHELL against edward goddard Trinity term Elizabeth roll the  sheriff be answerable for a escape though the writ be sue out before the debt  be due if the party be arrest after and the trial shall he where the escape  and not where the arrest be make ante post   a Popb sand action upon the case  against the defendant sheriff of the county of Southampton that whereas I gold  heaven g indebt to he by two several obligation one Payable first Nov  Elizabeth he on the that Nov Elizabeth procure a latital out of the queen  hench returnable odabis Hillarii intend to declare against gold upon these two  bind which writ be deliver to the defendant that Nov Elizabeth avud S and the  defendant by force thereof do you Elizabeth do arrest g at S and afterward Dec  Elizabeth suffer he to escape at London by which the plaintiff lose his debt  upon not guilty plead it be find for the plaintiff it be allege in arrest of  judgement first that this process be take out before the debt be due upon one  of the obligation and then the plaintiff have no cause of action for it and so  be a entire suit it shall abate in all say non allocatur because the arrest be  after the debt be due and this if a good plea be to he plead by the party  himself and not by the sheriff for he must answer his own tort a see Ann c by  which the necessity of attornment be take away croak Elizabeth er p second it  be allege that there be a mistrial be try in London whereas the issue not  guilty refer to the whole matter and the arrest which be the principal be at S  and without it there can he no escape and the trial shall he of S say non  allocatur for the escape be the matter upon which the action be ground which  be allege to he at London and the visne shall be of the place where the escape  be and not of tile place where the arrest be and it be adjudge for the  plaintiff
case William thompson against sir William Scroggs the change a venue be ex  agreeableness curiae and not ex debt is owed justiciae a barrister have the  privilege to lie any transitory action in Middlesex trespass for a battery lie  in London the fact be commit at bury in Suffolk motion to change the venue it  be agree per curian that change a venue be ex agreeableness curiae and not ex  debt is owed justiciae so resolve in the case of the Lord Culpeper v sir  shower KB Thomas tailor and the grant motion for the change thereof be upon  account of the convenience of the subject it be suppose to be more for their  ease that the fact shall be try in the place where commit and it be likewise  agree that Bacon case in this court be law that a plaintiff be a barrister  have privilege to lie any transitory action which he bring in the county of  Middlesex for his attendance be suppose to be continual on the court at  Westminster and so if he be defendant c but privilege in the defendant take  not away the plaintiff d and here they be both barrister if Mr Thompson will  lie it in Middlesex they will not change the venue which he agree to do  Jefferyes sergeant thereupon move for a trial at bar and grant but afterward  Mr Thompson forgive it and desist on a treat give by sir William Scroggs c
case William willoughby case enclose a common be not a common nuisance nor can  it he do v I et arms and a indictment for it test gaoldelivery be have post  ass roll Abr vent Mod will burr hawk p c term Rep he be indict before the  justice of assize for that he way et arms have enclose certain land in which  William and other have common time out of mind exception be now take to the  indictment because it concern only the interest of particular person and be no  common nuisance to the queen people and it concern a private commodity of  certain person and not of the queen or her people in general the party grieve  be to have their action upon the case ass and madox case be adjudge the last  term a that for a private commodity remedy shall not he by indictment  exception that it be v Elizabeth arms and a man can enclose his own ground v I  et arms exception that the testae of the indictment be at the gaoldelivery in  the county of Nottingham before Rohert schute Francis gawdy and other justice  of the peace of the queen c in the say county and for this cause it be allege  to he void for at a gaoldelivery they have no authority to take such  indictment b and this be hold a material exception but the justice say they  will advice c
case williams against ash Trinity term Elizabeth roll a verdict in ejectment  which find that the lessor of the plaintiff be seize of the land in question  preclude the enquiry whether the deed be proper deliver ante ejection firmce  it be upon special verdict find that the corporation of mercer London be seize  of the land in question in the several possession of two man and be so seize  make a deed of lease to the plaintiff and a letter of attorney to I S to  deliver the deed and the possession the attorney enter upon the possession of  one of the man and there deliver the deed and after enter into the possession  of the other and there do deliver the deed the question be if this be good for  the land for which the second delivery be for as to the first it be hold  without question that it shall pass but for the second the doubt be because  one deed can have two delivery but the court hold that as the verdict be find  this matter do not come in question for the jury find that the corporation be  seize and be so seize make the deed and then there be no impediment but that  the delivery shall be good for all for it shall not he intend but that the two  man have possession only as tenant at will to the corporation and then the  delivery of the lease in one place be livre good for all and it shall not he  intend that they have a estate for year or fe except it he so show and here  the defendant will have plead entry after the verdict in abatement of the writ  but itwas hold clear he have not day to plead it but be put to his hearing  complaint and judgement be give for the plaintiff
case williams against batter and other two action bring against a person and  the same bail in both a To give back see in one a discharge of the bail in the  other the question be upon a point of practice whether a To give back see upon  one action where there be two action against the same party where the same  party be bail shall be a discharge to the bail in the other action and the  court be of opinion that it shall discharge the bail in the other action too  and the plaintiff attorney have notice of it and after take out execution  against the bail the execution be discharge and order the attorney shall pay  such cost as the master shall tax
case williams against CUTTERIS easter term Elizabeth roll if a defendant be  take in execution on a can sa and die in prison the plaintiff can afterward  have another writ post roll Abr cro Elizabeth hob   to know facias against a  executor quare performance to have non debet upon a judgement in debt against  the testator the defendant plead that the plaintiff sue execution against the  testator by capias ad to give satisfaction and have his body in execution who  die in prison and demand judgement si action c and it be thereupon demurrer  because this execution be not any satisfaction and it be pray inasmuch as he  do not plead that satisfaction be give therefore execution may be award but  Tanfield and Yelverton the other Justitiariis send away hold that the bar be  good for when the body of the party be take in execution although it be not in  a   croak James er p itself any satisfaction yet as to he there can be any  other execution but if two have be condemned although the one of they die in  execution that be not any discharge for the other because the execution be  against both and it be not satisfaction until the condemnation be satisfy yet  when execution be against one only the judgement be against one only when he  die no other execution can be against his good or land than be in his lifetime  wherefore they hold the bar to be good but because it be a new case and have  not former be adjudge they will be advice et adjournatur a
case williams against CUTTERIS vide ante page if a defendant die in execution  on a can sa the plaintiff can have recourse to a be made fa ante post more    hob cro Elizabeth cro car stram salk this case be now move again Popham chief  justice William and Tanfield hold that the plea be good for when execution be  award against one person only and by a capias ad to give satisfaction his body  be take in execution and be return it be a absolute and perfect execution  against he and no other execution can be against he his land or good and  although the law say it be not any satisfaction in itself yet it be so high  that there can be any other execution and when he die the execution be  determine as to he and there can be any other execution of his good or land a  and not like to the case where two be condemned and the one be take in  execution and die yet execution may be against the other because it be not any  satisfaction and process be not determine against the other and the one be  Chargeable as well as the other but where the one only be in execution and die  the executor be discharge and there can be any new execution Yelverton doubt  thereof because it be clear that his body be but as a pledge for his debt and  be not any satisfaction in itself wherefore he say it be not reasonable that  the party plaintiff shall be deprive of all his remedy by his death but  notwithstanding it be adjudge for the defendant vide n b b ass Henry pl Henry  pl a but now by James c although a prisoner die in execution yet the plaintiff  may have execution against his land good and chattel croak James er p
case williams against drury misnomer may be plead in abatement without lie a  venue ante p assumpsit the defendant plead a misnomer in abatement whereupon  the plaintiff demurrer because the defendant have lie no venue but the court  hold that there need not in this case because it be a plea concern the person  and so must be try where the action be bring
case williams against green debt lie against bail joint or each several  judgement against the principal and a to know facias be bring against the bail  and upon two nihils return there be judgement against the bail and afterward a  action of debt be bring against one of the bail for all the money due to the  plaintiff it be object that this action will not lie against one of the bail  because the judgement against they be joint modern report it be say on the  other side that the action be bring upon the recognizance of bail which be  joint and several and consequent good either joint or separate and so be the  case of Cornish v clerk ante a in Michaelmas term in the ten year of George  the first and so be the opinion of the court in this case see lev b
case williams against green Trinity or easter term Elizabeth roll a deed can  be deliver to the party himself as a escrow say vide ante roll ab more Noy kob    style   light a cro James Mod sheep touch debt upon a bill the defendant  plead that the say bill be deliver to the plaintiff as a schedule upon  condition that if the plaintiff deliver unto the defen daunt a horse upon such  a day that then it shall he his deed otherwise not and that the plaintiff have  not deliver the say horse unto he and so non estfactum And it be thereupon  demurrer and resolve by the whole court to he no plea for a deed can be  deliver to the party himself as a escrow because then a bare averment without  any write will make void every deed wherefore it be adjudge for the plaintiff  see Whiddon S case ante
case williams against Hoskins if there be judgement in ejectment for two  message a to know facias to revive it recite by mistake a judgement for one  message only can be amend but the plaintiff may take out a new writ S c ante  SC salk SC salk SC holt S c ld ray judgement be give in ejectment for two  message and after a year a to know facias upon it recite a judgement of one  message only and to this nul tiel record be plead it be move to amend it but  per curian it can be for this be a good writ for any thing that appear on the  face of it and for that if there be a judgement for one message this writ will  be a good writ to revive so be good in itself though not opposite to this  purpose to amend will be to make a new writ or to alter a good writ and fit it  to another purpose to amend this writ will falsify the defendant plea which be  good at the time when it be plead and that this ought not to be the case of  Napiere v sir John GermaineHob a be quote where after misnomer plead the court  refuse to amend because it will falsify the plea but if the fault have appear  in the very writ it may be amend so now by Geo c a variance from the original  record or other defect in a writ of error shall be amend and make agreeable to  the record by the court where the writ be returnable see fitzg stram ld ray  Cowp Com digest amendment c b and tandem the plaintiff for his expedition take  another writ and per curian that he may do without get this quash for if this  writ abate then it be not the same cause
case williams against lee on a writ of account the auditor be the proper judge  as to enlarge the time post Inst Brownl Danv f n b   light Bl Com and see the  statute Westminster c and the Ann c a action of account it be pray that the  court will give further day for give the account the matter be refer to  auditor Twisden justice the auditor themselves must give further day Kelynge  chief justice the auditor be judge whether there be a voluntary delay or not  if they find the party remiss and negligent they must certify to the court  that they will not account
case williams against lion a attachment lie for endeavour to intimidate a  plaintiff for the purpose of induce he to take less damage than the jury give  a action on the case be bring against the defendant for criminal conversation  with the plaintiff wife upon not guilty plead the cause be try at the sit  after the term and the jury give a verdict for the plaintiff with two hundred  pound damage afterward the defendant use some indirect mean with the plaintiff  to take a small sum and release the damage and because he will not take thirty  pound and give such a release the defendant get a warrant of a justice of  peace to take the plaintiff for a pretend murder the warrant be execute on he  on a Sunday he be keep in custody till Monday and then be arrest in a action  of five hundred pound at the suit of the defendant all which be do to extort a  release from he this appear plain to the court a rule be make for he the  constable the bailiff and the justice of peace clerk to show cause why a  attachment shall not go against they modern report er p
case williams against Salisbury hic lengthen help by verdict the want of cur  hic lengthen help after verdict by the statute of Oxford profert hic in cur  litter administratori form after verdict but substance on demurrer a
case williams against white Hilary term Elizabeth roll on judgement to account  if the defendant make default the court may order without a writ that the  plaintiff shall recover in the manner he count but if the order differ from  the declaration or the defendant have no notice of the day it will he error  and a capias ad come to clean shall issue on the first judgement roll ab winch  ante Lutwyche Leon will error of a judgement in Bristol in account where the  plaintiff declare against the defendant as his bailiff for diverse good to the  value of l the defendant plead nunques son bailiff c and find against he  whereupon he be adjudge to account and auditor be assign who prefix a day of  account unto he at which day he make default whereupon it be award qubd to  express grief recu eret valor will do you much good predictorum videlicet S  the error assign be because the court have award quod recu peret valor and do  not award a writ to inquire of the value but it be thereto answer and hold by  the court that upon default of the a the necessity of attornment be now take  away by Ann c VideCo title croak Elizabeth er p accountant the court may order  that the plaintiff may recover the value as the plaintiff have count as Edward  account and Edward pl but then the judgement ought to be qubd recu count but  here it be qubd recu peret and accord to what the plaintiff have peret valor  videlicet S which be not as the plaintiff count it be also erroneous because  day be give he to account he not be present to take conusance thereof so as he  be condemned by default with out notice wherefore for these two error the  second judgement be reverse but because there be not any error find in the  first judgement it be affirm and it be say that a can court to bring he in  pias ad come to clean shall issue out of this to account
case williams against WHYTNEY in ejectment the v eniie facias must he upon not  guilty from the place where the land in question be allege to lie I Com dig  ejection firmce of a lease of Henry Vaughan at Mockas of land in low Mockas  the defendant plead not guilty and find against he and it be move to be a  mistrial for the v venire facias be award from Mockas whereas it ought to have  be from low Mockas the issue be not guilty croak Elizabeth but if the lease  have be traverse it have be otherwise and of that opinion be the whole court  wherefore the judgement be stand ed a
case williams versus Longfellow easter term before the master of the roll  William fortescue Esq if a defendant disclaim general and the plaintiff reply  to her answer and serve her with a subpoena to rejoin she be entitle to have  cost against he for the vexation mary bush a defendant disclaim general as to  all the matter in the bill the plaintiff ought not to have reply to her answer  by do so and serve her with a subpoena to rejoin she be entitle to have cost  against he to be tax for the vexation otherwise where the disclaimer be to  part and the answer be as to another part atkins er p
case williams versus springfield novembris in court Lord chancellor Eq can ab  pl S c mortgagee assign his mortgage for less than be real due to he the  mortgagor shall not redeem without pay the whole money due on the mortgage  where there be subsequent encumbrance or creditor in the case a man that buy  in a prior encumbrance shall be allow only what he real pay but otherwise it  be as between he and the mortgagor or his heir the plaintiff have mortgage the  land in question to I S who find it be a slender security and not worth the  money due thereon the plaintiff wife in case she shall happen to survive her  husband have a right of dower in the mortgage estate I S agree with defendant  Springfeild to assign the mortgage to he for pound although there be pound  then due to he thereon the plaintiff now bring his bill to redeem and the sole  question be whether the defendant shall be allow all the money that be then  real due on the mortgage per cur where there be subsequent encumbrance or  creditor in the case there a man that buy in a prior encumbrance shall be  allow only what he real pay though there be in truth a great sum due quaere I  e against such encumbrancer or creditor but where the mortgagor himself or his  heir come to redeem there be no reason that he shall have the benefit of a  good bargain make by another man and ought therefore to pay what be real due  on the mortgage whatever it be without respect to what the assignee pay and  decree it accord the bill be by the assignee of the mortgagee Reg lib b fol  say vide Morret v pask atk for observation of Hardwicke chancellor on this  case et vide darcy v hall ante brathwaite v brathwaite ante and case there  cite Phillips v Vaughan ante long v Clopton ante Bromley v holland Ves
case willimot against the chancellor OF worcester a inhabitant of Yorkshire  excommunicate in Worcester diocese prohibition the case be willimot commit  incest in Worcester diocese and modern report er p about two year after remove  his habitation into the diocese of York and come to the election of  parliamentman this citation be serve upon he in the diocese of Worcester he  appear by proxy and plead that he live in the diocese of York and subject to  the jurisdiction of York et nullo modus c the plaintiff be excommunicate dr  Floyd it be the practice of their court to call the person personal to appear  for the citation be pro salute anim and that can be do by proxy or counsel No  criminal can appear by proxy neither ought he to have plead so contumacious a  plea but he ought to have make his appearance with a save to himself all  benefit of exception for prima fancy there be a good jurisdiction to call he  to answer and then he ought to make protestation de non consentiend nisi de  jure c the Roman senator have a privilege of be sue only in their superior  court but if a senator have commit a base crime be thereby have so debase  himself as that he shall be subject to the jurisdiction he have offend the  statute of citation extend not to criminal suit but only betwixt party and  party dr lane the former practice to appear personal in criminal prosecution  be find upon the power the court have to make he answer upon his oath modern  report which be now take away by the statute a man who remove his habitation  must not be say to run away from their jurisdiction the pope by his usurp  authority delegate to the archbishop of Canterbury a power to cite a man out  of his diocese which by the statute be now go holt chief justice say this  citation be original wrong it be against the statute and grant a prohibition  that so they may plead to it or demurrer and so the point may be settle  solemnly be a case of great consequence
case Willis against fletcher easter term Elizabeth roll one tenant in common  may avow for damage pheasant but he ought to show of what estate the devisor  be seize ante post dyer Mod salk Mod Peer will Peer will vern pre Ch ld ray  stram Bac Abr term Rep in notorious facts replevin the defendant make  conusance for damage pheasant as bailiff of a and show that b be seize of the  land which be hold in capite and devise it to a and because it appear upon the  matter that a be but tenant in common with the croak Elizabeth er p heir  exception be take to the conusance because it ought to have be make in the  name of the heir also Walmsley hold that the tenant in common ought to join in  the avowry and the conusance ought to be in both their name for the damage be  to both but Anderson and Heaumond hold the contrary for a tenant in common may  sole defend and he only may take a distress although his avowry be by way of  action and yet may justify in it but because he she ved not the conusance what  estate the devisor have at the time of the devisee but only that he be seize  of the land it be hold to he ill and therefore adjudge for the plaintiff
case Willis against NEILDER in trespass the omission of way et arms be not aid  ante post say vide ante con cro car hob Carth salk say vide sand ld ray  trespass for that he take and carry away at d three load of wheat be sever for  tithe contra peace c omit the word way et arms after verdict for the plaintiff  upon not guilty plead it be move in arrest of judgement that the bill shall  therefore abate for it be the essential part of the declaration which induce  to have a fine for the king and it be not aid by the statute of Jeofails and  of that opinion be the whole court wherefore judgement be give for the  defendant and a precedent be show Hilary term James welsted v tailor where  judgement be reverse for take a bag of money because way et arms be omit be  assign for error
case Willis against stroud a action for malicious sue out a can sa pen a writ  of error may he try either where the can sa be sue out or where the party be  arrest post   b a dyer lev cro car rob Jones ray strange Cowp term Rep action  upon the case whereas the defendant recover in this court against the now  plaintiff in debt of which judgement the plaintiff now have bring error in the  queen bench and by reason thereof the record be remove into the queen bench  that the defendant notwithstanding well know thereof have take forth here at  Westminster a capias ad to give satisfaction direct to the sheriff of Dorset  by reason whereof the plaintiff at d in the county of Dorset be take in  execution the defendant plead to issue and it be find against he and it be now  allege in arrest of judgement first that the action be not well bring in  Middlesex for the tort be in the count of Dorset by the take he there in  execution Walmsle Heaumond and Owen hold that the bring of the action in  Middlesex be well enough for the ground of all the tort be the sue out of the  capias which P be here in Middlesex but Walmsle hold that the action lie not  unless it he allege that it be purchase in a undue manner by fraud hetween the  defendant and other and without notice of the court for if it be grant by the  court he be not punishable but Heaumond and Owen hold that the action well lie  because it be alled ed that he malicious intend to charge he have pursue this  writ c Anderson absentee adjournatur a in the report of this case more it be  say to have be ultimate adjudge in favour of popham opinion a say vide James c  croak Elizabeth er p
case Willis versus Willis November see hear v Pilley lr Ch all declaration of  trust under the statute must be in write he who pay the purchase money have a  result trust but then he must clear prove the payment parole evidence admit to  show a trust from the mean circumstance of the pretend owner of the real  estate the statute of fraud and perjury say the court require that all  declaration of trust shall be in write otherwise absolute void except such as  arise by operation or construction of law Kirk v web Prec Charles now trust of  this nature be when the legal inter in another but the purchase atkins er p  money have be pay by a three person this be a result trust for he who pay the  money but then he must clear prove the payment post Loyd v spillet there be  another way of take a case out of the statute and that be by admit parole  evidence within the rule lie down in this court to show the trust from the  mean circumstance in the pretend owner of the real estate or inheritance which  make it impossible for he to be the purchaser
case Willoughby against brook Michaelmas term pound Elizabeth roll I if a bind  recite there be diverse suit in b r the obligor be estopped to plead there be  no suit there ante post roll kb dyer Allen Le n strange Cowp term Rep debt  upon a obligation condition whereas Edward Willoughby have before this time  commence diverse suit in the court call the king bench at Westminster against  William croak Elizabeth Hutchinson if the say William Hutchinson shall without  delay by his lawful attorney appear and make answer to all action and  declaration commence against he that then c the defendant plead thatpostea  videlicet such a day William Hutchinson appear et paralus to be resppndere c  but there be not then any action there depend it be thereupon demurrer and all  the court hold it to he a ill plea for the obligation estops he from say that  there be not any action there depend as if a man he oblige to perform the  covenant in a indenture on his part to he perform it be not any plea to say  there be not any covenant therein on his part to he perform vide Elizabeth  dyer pound wherefore it be adjudgedfor the plaintiff
case willy and Poulton at the roll eoden die Administration during the  minority of two cease when one come of age and administration be to be grant  to he if administration be grant during the minority of two person it cease  when one of they come of age and administration ought to be grant to he  Wednesday January
case WILLYMOTE against Wetton word actionable by implication cro James b r h  action upon the case for these word use of the plaintiff by the defendant to  one street go follow suit against Willymote innuendo the plaintiff for steal  your two cow and hang he or I will hanithee and on his further malice offer  unto he if he will exhibit a bill of indictment for steal the cow that he will  procure he the value of two croak Elizabeth cow and that he exhibit a bill  against the plaintiff c after verdict for the plaintiff upon not guilty plead  it be move that the action be not maintainable but Fenner and Yelverton be  only in court hold that the action be well bring for the bid he follow suit  against he for steal that cow and hang he import as much as that he have  felonious steal they otherwise he can not hang he wherefore it be adjudge for  the plaintiff
case WILMOTE against can a special plea must not traverse the matter it  confess and avoid a avowry that a husband be seize and that he and his wife  let a house and land appertain be have Plowd replevin of his hest take in such  a close in d the defendant avow for that one Bidwel be seize in fee of a house  in d and of diverse land in d whereof the place where c be parcel to that  appertain and he and his feme b indenture let the say house and land thereto  appertain to I S for year render rend afterward the feme die and Bidwel d June  Elizabeth by his will in write devise that land to the defendant in fee and  die whereupon he avow for the rend c the plaintiff say that the say Bidwel by  his will d June Elizabeth devise it unto he in fee without hoe that he devise  it to the defendant and it be thereupon demurrer because by this plea he  confess and avoid the devise to the defendant for he plead it to he by his  last will which be a avoidance of the former and then he ought not to traverse  it vide Edward title confess and avoid and to this opinion the court incline  but then two exception be take to the avowry first because he plead that the  baron be seize in fee and that he and his feme let c which can be croak  Elizabeth second because he plead that Bidwel be seize in fee of a house and  croak Elizabeth er p land thereto appertain c which ought not to he in plead  for land can proper he say to he appertain to a house although it may pass by  such word in a deed by the reputation and ommon parlance and intent of the  party but in pleadin it ought not to he so allege but that he be seize of such  a house and of such land in d and let they by the name c and aver their usage  together a and all the court hold that for these two cause the avowry be ill  and therefore speak not to the traverse and thereupon rule be give that  judgement shall he enter for the plaintiff unless other matter be show c
case WILMOTE against KNOWLIS if a fine he levy before bargain and sale enrol  the bargainee shall he in by the fine more   Inst and wood con ejection firmce  upon a special verdict the case be one white and his wife be seize of the land  to they and the heir of the husband they by indenture bargain and sell the  land upon condition that if they pay such a sum before stitch a day that they  shall reenter and have the land again in their first estate with covenant in  the same indenture for further assurance and that all assurance to he make  shall he after the in oney pay to the use of the husband and his heir Thie  husband and wife levy a fine accord the indent e be afterward it roll within  the six month the money be pay at the day limit the husband reenter and die  and whether the wife shall have again this land during her life or the heir of  the husband who be lessor in this action be the question and it be move for  the plaintiff that the heir of the husband shall have it for although by the  first part of the judgement it he limit that they both shall rehave it after  the payment c yet in another part it be limit that all assurance shall he to  the use of the husband and his heir after the payment then this fine be levy  to the bargainee before the enrolment of the indenture he be in by the fine  and not by the bargain and sale then the fine be to the use of ttie husband  onl and in proof hereof be cite Richard title estoppel Elizabeth Bracebridges  case that a feoff to bargainee after enrolment he be in by the feoff and not  by the enrolment and that Elizabeth in Libb v hind it be adjudge that where a  reversion be bargain and sell by indenture and before enrolment a fine be levy  by the bargainer to the bargainee and afterward the deedwas enrol yet the  bargainee shall not have it without attorn mean because he be in by the fine  and noi by the bargain and sale et adjournatur a
case WILMOUT against tiler a appellant can have a habeas corpus until the  sheriff have return to take in hand corpus et parat to have S c post S c ld  ray S c salk postea pasch will willmot v tiler he be find guilty of  manslaughter upon a indictment for murder and the court at the old Bailey be  dissatisfy with the verdict inflict eleven month modern report imprisonment  upon he accord to the statute of Elizabeth c and be thus in the sheriff  custody a appeal be bring to which the sheriff return to take in hand corpus  but that he can not bring he without a habeas corpus per curium the return be  not good for it shall have be to take in hand corpus et parat to have and then  the appellant may have a habeas corpus returnable immediate and you must be  well advice how you file this return and the return be amend a habeas corpus  take and the appellee bring to a see jeffery case   Roger v Davenant Mod  Anonymous Poph Campbell v aldrich will Wilson v greaves burr palmer v bishop  of Exeter stram cart v marsh andr forty v Owbear fort Butterworth v Barker  burr a cro car b Inst c see the case of Johnson v Oldham ld ray send for and  Jones v stone ld ray modern report er p the bar and the appellant call who  appear after the appellees arraignment which be in French the dounsel for he  demand oyer of the writ and time to plead per curian of right you ought to  plead instanter but since he have have his clergy before upon the indictment  and so have a special matter to plead you ought to have convenient time to  plead but it must be quasi instanter and as of this day and no imparlance  enter and he be commit to the marshal
case WILNER against hold rogue and rascal be word of heat but not of scandal a  action lie for publish word import a charge of murder and it shall be intend  without averment that the party be dead Yelv side   a cro Elizabeth roll Abr  vent Bl Rep and see the case of peak v Oldham Cowp action for these word thou  art a rogue and a rascal and have kill your wife quandan elizabethan recently  wife Le plaintiff innuendo after not guilty plead and find for the plaintiff  and damage twenty mark Atkins and Trevor move in arrest of judgement that no  action lie for these word for the word of rogue and rascal be but word of heat  for which no action lie and thereto the whole court agree second it lie not  for the word thou have kill your wife because it be not show that his wife be  dead nor how she be kill nor that she be violent kill or murder and although  the declaration be recently his wife yet that do not prove that his wife be  dead for it may be they be divorce say non allocatur for when it be say nuver  his wife it shall be intend she be dead and not have such foreign construction  that she be divorce and the court further hold that the word thou have kill  your wife shall be intend accord to the usual speak that he kill her voluntary  and whatsoever way he kill her the word be very scandalous wherefore it be  adjudge that the action lie
case wilson against aldridge sheriff order to return his writ the plaintiff  obtain a judgement at law and afterward by a become facias direct to the  sheriff be levy the debt on the good of the defendant who exhibit a bill in  equity against the now plaintiff suggest that there be more due to he from the  plaintiff than he recover and so get a injunction to stay the money in the  sheriff hand modern report er p the plaintiff and his attorney be prisoner in  the fleet move the court against the sheriff to return the writ of become  facias and that he may be amerce till he do and now the court be move in  behalf of the sheriff for direction what to do for if he return his writ he  must pay the money and then the court of chancery will commit he for not obey  the injunction and if he do obey it then the court of king bench will amerce  he modern report the court will not take any notice of the proceed in chancery  but order the sheriff to return his writ otherwise they will commit he then  the court be desire to help the sheriff to discover what attorney or solicitor  carry on the prosecution against he they refuse so to do because that will be  only to enable the sheriff to move the court of chancery for a attachment so  he have no relief
case wilson against guttery action lie for arrest on a Sunday contrary to car  c but the court will not discharge the prisoner S c salk the defendant be  arrest on a Sunday by a writ out of the Marshalsea and now the court be move  to discharge he but it be deny and he be direct to bring a action of false  imprisonment
case wilson against harnan money direct to be lie out in land and settle on a  for life remainder over and till lie out to be place in the public fund and  the interest to go as rend of the land a tenant for life die before the money  be lie out in land hold the dividend of the money in the fund shall not be  apportion V paget and gee that Nov and that Dec in chancery ante where rend c  shall be apportion v wms that maintenance money Payable out of land shall be  apportion wms money to be lie out in land and settle and in the mean time lie  out on mortgage the interest shall be apportion lib Reg b foe b S c ante cite  S c Ves more full in chancery that July on petition a sum of money be direct  to be lie out in land and settle on a for life with remainder over and until  lie out to be place in the public fund and the interest to be pay to such  person as will be entitle to the rend of the land a die between the time of  pay the dividend and on petition by the next in remainder to have the whole  money transfer and dividend pay to himQuestion whether the half year S  dividend shall be apportion and a case be cite out of viner abridgment on Lord  c I holt will where it be hold that the dividend of money in the public fund  shall be apportion Mr ambler Waple the accountantgeneral attend in court by  Lord chancellor direction say it be not usual to apportion the interest of  money in the fund and his lordship declare his opinion that it ought not to be  so and say the case in viner must have be by consent see Pearley v smith atk  Sherrard v Sherrard ib Ansley v master bro c c see Mr Swanstons note to the  case of ex part smith Swanst see web v lady Shaftesbury Ves
case wilson against Howard a declaration in trespass for take four load of  wheat with a continuando Hertford to wit Edward Wilson recently de villan  consecrated Albani in come pillage innholder attach to be ad responden John  Howard de plea quare way et arms c house Self modern John Howard at villan  consecrated Albani pillage to break in pieces et to go into et good et catalla  svan ad valentian ten a balance adtunc et ibidem recently invent to take in  hand et to carry away et alian irregular ei to bring in ad grave damnum Self  John Howard et contra peace domini king nunc c et unde idem Johannes per Johan  leigh attorn suum to express grief quod Edward Wilson fivepercent tax seven  die of the eighth month year royal power domini king nunc c way et arms c  house Self John Howard at villan consecrated Albani pillage to break in pieces  et to go into et good et catalla svan videlicet twenty peck England four load  of wheat Self John Wilson ad valentian c adtunc et ibidem recently invent to  take in hand et to carry away totan transgression pillage a prediction  fivepercent tax seven die of the eighth month year royal power speech domini  king seven say in addition to usque for the tenth time seven diem novembris  tunc prox sequen to visit a day et turn continuando et alian irregular ei to  bring in ad grave damnum Self John Howard et contra peace c unde to say quod  deteriorate be et damnum to have ad valentian twenty a balance et ind to lead  forth fectan c
case wilson against Jeffere easter term Elizabeth roll a declaration in  covenant need not allege that the plaintiff do by the indenture covenant c  roll Rep side sand cro car cro James Bac Abr in notorious facts Cowp dougl  error of a iudament give in a writ of covenant and the principal error assign  be that the Iai tiff dQared upon a indenture in this manner qubd cum per  scribe indentatum factum inter eos testatumfuit c and do not allege in facto  that he by such a indenture do covenaht F6nner so be the common course in  declaration but in a plea in bar it be no good form and all the prothonotories  of the common plea certify that so be all their precedent and lo and other  clerk of the queen bench say so be their course and the judgement be affirm
case wilson against machine where judgement be have against the marshal the  profit of the prison shall be sequester see stat Geo c by the statute will c  it be enact that every person obtain judgement against the marshal or warden c  shall have their profit or some part thereof sequester towards the  satisfaction of the debt with cost and damage but that Act be not to lessen  the security for money out of the marshalship of the king bench prison make by  William Lenthall Esq to sir John cutler now vest in his executor Edmund bolter  the marshal have suffer a escape there be judgement against he for eighteen  thousand pound and now a motion be make in behalf of the creditor to sequester  the profit of the king bench prison towards the payment of the say debt this  be oppose by the assignee of Boulters mortgage for that there be fourteen  thousand pound still due to they for principal and interest and that if the  plaintiff will discharge that debt he may take the profit of the prison to  satisfy his debt thereupon it be move that a account may be take of what be  due on that mortgage at the time the Act be make for it extend to no far slim  than what be then due and what profit be receive by the assignee or may have  be receive without wilful default which be grant accord
case Wilson case justice of peace have no jurisdiction in forgery by Elizabeth  ante post   b hawk p c hale Cowp Wilson be indict of forgery upon the  Elizabeth c before a and b Justiliariis ad pac m nor ad to visit felonias c to  hear el to set bounds assign et per gawdy Fenner and Clench it be hold that  they have not any power to take this indictment for the statute which appoint  that the offence shall he inquire before justice of assize or justice of oyer  and terminer intend those who have general a see Wolferstans case bar and I  black Rep and the case there cite a it be move again and hold that the venue  be well award post croak Elizabeth er p commission and not those who have but  a special commission only as justice of the peace but Popham doubt thereof
case wilson versus north at the roll a legacy to a to buy mourning for himself  his wife and child if a die in the lifetime of the testator be lapse the  testator devise pound to a to buy mourning for himself his wife and child a  die in the lifetime of the testator his legacy be lapse vern
case Winchcomb against goddard after in nullo be erratum the court to inform  their conscience may award a certiorari to amend the record ante roll ab style  roll Rep Leon cro James salk ld raym error of a judgement in the common plea  after assignment of the error and in nullo be erratum plead Walter move that  there be a manifest error in the award the v enirefacias and pray a certiorari  to certify it Popham hold that it be not grantable for although sometime in  affirmance of a judgement it be use in such case to award a certiorari to  inform their conscience because they will not reverse a judgement if it can he  help yet never be it grantable to avoid a croak Elizabeth judgement for it be  the folly of the party that he do not procure it to he remove before the error  assign but the other justice hold contra that it be grantable as well in the  one case as the other wherefore at another day be again move it be award  accord and the writ remove thereupon then error be assign in hoc that in the  replication the place where c be allege to he forty acre in Henwick parsonage  infra manor de Thackam in parochid de Thackam and the issue be whether the  plaintiff be demurrant at Henwick parsonage and the venire facias be award de  vicineto de Phackam whereas it be allege that it ought to have be from Henwick  parsonage which be the place know and a will per see but the court hold it  well enough for it shall he intend that Henwick parsonage be a place know and  that the will of Thackarn and parish of Thackarn be all one in intendment as  Henry be for the parsonage of Stoke and if a thing he allege to he do at the  manor in a will the visne shall he from the will which be the most notorious  wherefore the judgement be affirm
case Winchcomb against shepherd in make title under a lease it be sufficient  to aver that the party be possess without aver the life of the lessor and  implead a prescription the prescription must he exact pursue error of a  judgement in the queen bench in a action upon the case for cut down the bank  of a river whereby his meadow adjoin be surround the defendant justify by  prescription for the reparation of his the defendant mill a say vide ante Noy  dyer in margin salk Str will Onslow n p croak Elizabeth er p the plaintiff  demurrer and adjudge against he that the prescription be good and the manner  of plead and now error thereof bring and the error assign for the manner  videlicet because he prescrihes to cut down the bank hetween the river which  run to the defendant mill and the river call old Charwel and say that he cut  down the bank of the say river and say not hetween the old Charwel and so not  pursuant to the prescription and it be hold to he a incurable fault but it be  move that the declaration be not good for that he declare that he be lessee at  will of iands and averreth not the life of the lessor say non allocatur  because the declaration be that by virtue of the say lease at the time of  croak Elizabeth the cut and of the action bring he be possess whereby be  necessary to he imply that the lessor be alive wherefore the first judgement  be reverse and the record remand and the court of queen bench against their  former judgement award a writ of enquiry of damage
case WINCKWORTH against mayo Trinity term James roll a verdict in trespass  find the defendant guilty in a moiety of the land mention and as to the  residue not guilty be good ante post SC Yelv hob roll Abr term Rep trespass  for break his close the plaintiff in the novel assignment express the place to  be in a acre of land and show the buttals and sidings east west north and  south the defendant plead not guilty the jury find quoad transgression in half  infra specificat One sharp to that the defendant be guilty and assess damage c  et quoad residuum that he be not guilty croak throw it be thereupon move that  the plaintiff shall not have judgement for the place assign be abuttaled four  way the moiety thereof can be bind in such manner so the plaintiff have fail  in his abuttals the court at the first motion be of that opinion but at  another day be again move they all hold it to be well enough for although the  plaintiff by this verdict may be intend to have but a moiety be peradventure  tenant in common with a stranger yet upon a general issue the defendant shall  not take advantage thereof a but the action well lie for the plaintiff also  although the place assign be a acre of land and the jury find it to be a half  acre it be well enough also although the trespass be make but in half One  sharp yet that accord as the plaintiff have count and although the trespass be  do in the moiety thereof vet it may be well allege to be do in the whole acre  wherefore the plaintiff have judgement
case windsor against the inhabitant OF Farnham in the court of chancery a  decree in chancery make pursuant to the direction of a Act of parliament can  like other decree be reexamined upon a bill of review Jones n r post r n Bac  Ord atk atk peer will Freem vern hind to Mitfords plead vin Abr and see  williams edition of harrison chancery p note upon a reference out of chancery  betwixt Thomas Windsor and the inhabitant of Farnham to sir Randolph crew  chief justice sir John Walter chief baron sir William Jones and to myself the  sole question be whether a decree make by commissioner upon the Elizabeth c of  charitable use and exception put in against it in chancery and there examine  hear and confirm in part and alter in part may now be reexamined upon bill of  review as other bill of review upon decree in chancery and it be resolve by  all of we that this bill of review be not Allowable but the decree in chancery  be conclusive and not to be further examine because it take its authority by  the Act of parliament and the Act do mention but one examination and it be not  to be resemble to the case where a decree be make by the chancellor by his  ordinary authority and Jones say that so it be upon a decree make upon the  statute of Henry c by the major part and confirm by the chancellor which be  not reexaminable and so those opinion be certify in chancery croak car er p
case wing against earl easter term Elizabeth roll or see Homflet v coal lr ex  ex statute mile shall he compute by the near and most usual way allow yard to  each mile and not by strait line as a bird or arrow may fly post Cawley hawk  Bac Abr Bl Rep debt upon a obligation the condition be that whereas the  defendant have sell certain wood to the plaintiff grow upon certain land call  Spalding in Peasemarch in the county of Sussex if the plaintiff may enjoy it c  and if the ground whereupon the wood stand he four mile from rye that t then c  the defendant plead that the plaintiff may enjoy it and this land by the near  and usual highway for carriage be four thousand pacese reckon five foot to  every pace from rye upon which plea the plaintiff demurrer coop r sergeant  argue that the plea be not good for he do not answer to the condition which be  four mile also for the mile it be mention in diverse statute Henry c Elizabeth  c Elizabeth c but in statute it shall he take accord to the intention of they  and this be accord to the usual way and not as a bird or arrow may fly but in  bind no such intent appear and therefore it shall he accord to the account of  the country and common reputation and he answer not to the mile but to the  pace touse contra we have plead so because we will not put it upon the country  but upon the law for it be perilous to put it upon the countr when it be a Ya  doubt how it shall he construe gawdy and Wray conceive that to e exception to  the plead it be well enough for if one thousandpaces make a mile it be good  which tantamount that it be four mile but the doubt be how the mile shall he  construe for Wray say in the case of Cambridge it be hold that a mile shall he  certain and account by the most near way and shall not he take as a bird shall  fly a
case wing against earl vide ante page case mile shall he accord to English  form and not geometrical computation ante the case be again move gawdy say the  statute be private and not be plead the court be to take no notice of it and  so the other matter come not in croak Elizabeth er p question yet he hold that  a mile shall he account accord to the English form and not accord to the  geometrical computation and if one sell land and be oblige that it contain  twenty acre this shall he accord to the law and not accord to the custom of  the country Fenner if the question have been upon the statute that e mile  shall he construe accord to the usual way for carriage but upon the condition  if it he within four mile any way the condition be break wherefore it be  adjudge for the plaintiff
case wing against harris a grant for life from the crown to a lessee for year  of the same estate must recite the lease for year or the grant be void Ro ab  more Leon cro car ejection firmce upon a special verdict Henry the eight be  seize of certain land call Burnels and of the site of the hospital of saint  John in well he demise Burnels to Ailsworth for twentyone year and afterward  grant the reversion of it inter alian to the bishop of well in fee and  afterward the bishop grant those land inter alian to Edward the six which do  descend from he to queen mary and afterward queen mary demise the land to the  say Ailsworth for sixty year not recite the first lease make to Ailsworth this  case be argue mich pound Elizabeth and Yasch Elizabeth adjudge that the lease  for sixty year be void for nonrecital of the lease for twentyone year for  although by the take of the second lease the first be drown yet at the instant  time of take of the second lease it be in be and therefore ought to have been  recite especial be a lease upon record but of a lease by matter in fact they  agree there need he no recital the objection against it be because the  reversion have been convey to the bishop so in his time the lease may have  determine without croak Elizabeth any matter of record and for this cause when  it come to the queen hand it need not he recite but the court hold forasmuch  as Ailsworth be the person that be the lessee and may well have knowledge of  it if it have been so do and no such thing be do when the reversion be in the  queen hand it be as if it have never been grant from the crown and for this  cause it be adjudge accord there be other point in the case but it be resolve  only upon this croak Elizabeth er p sir Edmund Anderson Knt chief justice sir  William periam Knt Hugh Wyndham Esq justice sir John Popham Knt  attorneygeneral sir Thomas Egerton Knt solicitor general
case wing against Jackson a action of trespass on the case will lie in a  county court but not trespass v I et arms Ro ab lev hawk p c trespass quare v  Elizabeth arms the defendant insultum fecit upon the plaintiff be bring in the  countycourt and judgement there give for the plaintiff but it be reverse here  upon a writ of false judgement because the countycourt not be a court a record  can fine the defendant as he ought to be if the cause go against f he because  of the v Elizabeth arms in the declaration but a action of trespass without  those word will lie in the countycourt well enough
case Wingfield case a barrister may la that his venue in Middlesex and the  court will not change it on the usual affidavit vent show salk fitzg ld ray ld  ray stram Mod it be move by one hunt that the venue may be change in a action  of indebitatus assumpsit bring by Mr Wingfield Jones I conceive it ought not  to be change be in the case of a counsellor at law by reason of his attendance  upon this court Twisden justice in Mr Bacon case of grey inn they refuse to  change the venue in the like case so the rule be not grant
case Wingfield case a indictment for murder must show the day on which the  decease be murder ante hale term Rep hale hawk Wingfield be indict for that he  January Elizabeth percussi I S ex malitid c at b to hand over ei hunting net  subject to death of which will he languish until the Feb Elizabeth at which  day at b aforesaid he die and so the say Wingfield die el loco prcedict murder  he exception be take because it do not show at what da he murder he there be  two day mention before Popham it have be resolve here late in a brecknockshire  case by advice of the justice that if it he say that he murder he the day of  the stroke or the day of the death both way be good for it be true that he  kill he the day that he strike he and the other day also but here die el  locoprcedicl be uncertain to which it shall refer wherefore I doubt thereof  but gawdy hold it to he well enough and that it shall refer to the day of the  death which be last mention a ante hawk b Mod keb Bulst sand Mod hawk term Rep  croak Elizabeth er p
case wingfield versus ALKINSON all Nov one by his will give his next of kin be  his nephew a express legacy and give pound apiece to his two executor and make  no disposition of the surplus post case in John rudder give to the plaintiff  his sister son and to his nephew son foe his brother pound apiece be in truth  his next of kin and make the defendant Vernon chancery case er p Alkinson and  Meres executor and give they pound apiece pound apiece for mourning r l they  be not of kindred to the testator the question be whether the executor or next  of kin shall have the surplus parole evidence be admit and the decree be  whereupon c and on read the will and the proof take in the cause his lordship  declare that there be no express or imply trust by the say will in the say  executor and that the pound give to each of the say executor for mourning be  not a beneficial legacy whereby to exclude they from the benefit of the  surplus of the say estate and the bill be dismiss without cost Reg lib b fol  Vernon chancery case the case cite be the duchess of Beaufort ante p p wms  smith and ball post next case wicket and Jones and Littlebury and Buckley vin  ab bro p c which be first hear in the mayor court and the surplus there decree  to the next of kin and upon a appeal to the house of peer the executor be  admit to read witness to prove the testator intend they the surplus see note  to fane v fane ante Vol and upon that foot the lord reverse the decree Vernon  chancery case de term S HILLARII in curian porter
case winnington against Briscoe if a person buy so much stock and pay a  certain sum upon account and before the receipt be issue a Act of parliament  suppress the receipt the purchaser may recover his advancemoney back again in  a action for money have and receive to his use the plaintiff buy a thousand  pound SouthSea stock of the defendant on the ten day of August for which he  the plaintiff agree to pay eleven thousand two hundred and fifty pound and  have pay three thousand pound part of the money and the defendant promise to  give he the plaintiff receipt for the say thousand pound stock as soon as the  book of the company be open but before they be open a Act of parliament be  make prohibit any more receipt to be give out c whereupon the plaintiff bring  his action against the defendant for the three thousand pound he have pay to  the defendant as so much money have and receive to his the plaintiff use the  question be whether the failure to deliver the receipt shall subject the  defendant to this action or whether the defendant himself may not have a  action against the now plaintiff for the remain eight thousand two hundred and  fifty pound the court be of opinion that the receipt be no part of the  consideration but only a evidence of the agreement between the party which  agreement be impossible to be perform by a Act of parliament intervene shall  prejudice neither party and the subscription itself which the defendant be  still ready to give be but a evidence likewise of the agreement but the credit  he have be the substance
case winsford against smith Hilary term William and mary roll if there be a  covenant in a marriage settlement to levy a fine to certain use a devise  confirm the use be good though the fine be not levy SC salk SC Mod SC comb in  ejectment special verdict find a covenant on marriage of son to levy a fine to  certain use and no fine levy and a will ratify and confirm all those several  estate land and tenement grant and settle by my settlement on my son marriage  hold per curian that they pass by the will though no fine or other assurance  be in reality have because the intention of the party do sufficient appear see  cro James roll Abr cro car Poph
case winter against bermingham if a person be twentyseven year in possession  of a lease it shall not be take to have be hold in trust although he declare  it to have be so by his will S c Eq ab Peter brown be possess of land for a  long term which he enjoy twenty modern report er p seven year by his last will  declare that this term be take by he in trust for the defendant bermingham to  who he devise the remainder thereof unexpired and declare that it be in  pursuance of the say trust and soon afterward die thereupon the plaintiff  exhibit a bill in this court suggest that both the testator and the defendant  bermingham be papist and consequent by the statute will c make against the  growth of popery be incapable to take this term and therefore he be the next  protestant heir pray that the residue of the term may be assign to he and in  argue this case it appear that the testator Peter brown have enjoy these land  for twentyseven year and until the time of his death the court will not intend  this to be a trust and therefore decree for the plaintiff with a account of  the profit since the fill the bill but it be insist for he that the account of  the profit shall be from the time this will take effect as it be resolve in  the house of lord in the case of black v black a Eq Abr brown p c a videlicet  that a papist must be Accountable for the profit since the time of the  original purchase modern report say per curian that decree be make upon some  extraordinary circumstance but that the present decree shall be accord to the  precedent in this court and deny to give the plaintiff cost b when cost shall  be give see Com dig chancery W b for that it be hardship enough for he to lose  the land easter term the eleven of George the first in the court of chancery  sir Robert Raymond Knt sir Jeffere Gilbert Knt lord commissioner sir Joseph  Jekyll Knt master of the roll
case winter against garlic a award that the party shall pay the cost of a suit  depend in a inferior court be void for uncertainty say queen SC salk debt upon  bind for performance of a award the award be that the defendant shall pay the  plaintiff ten pound and the cost of a certain suit before depend in a inferior  court and thereupon mutual release exception be take that the award be not  certain nor final nobody know what the cost be and then it be not mutual the  release be order upon payment of the ten pound and the costsSee Fintney v  bullock lev lev a it be answer by state the case of beal v beal cro car b  where it be say that the cost may be ascertain by the attorney bill holt chief  justice it have be hold a good award to pay such cost as the prothonotary  shall tax and that carry it far enough but sure they shall either ascertain it  themselves or refer it to a proper officer Powell justice that case refer to  the officer of a court have be settle on debate for id that which is fixed be  quod that which is fixed To give back to be able a award that one shall pay to  the other all such money as he have expend about the prosecution of a suit be  good hanson v Liversedge vent so that the defendant shall pay as the plaintiff  and his attorney by bill or oath shall make appear Linfield v fern lev see  also rous v moon keb messenger v freeman keb Blackwell v knipe keb and if cost  be award general but no person appoint to tax they the court may order the  master to do it Dudley v Nettlefield stram will although part or the whole of  such cost be for business do in a inferior court ex part William term Rep but  if the award order the cost to be tax by a person who be not a proper officer  for that purpose it be void Knott v long stram b r h but see barn b r h  hullock on cost arbitrator however be not bind to refer the taxation of cost  to the officer of the court but they may award a gross sum for cost shepherd v  brand b r h c et Adjournatur
case wise against bellent a avowry by a husband alone for rend due to he and  his wife be good if it appear upon the record that he be entitle to make the  distress roll ab Mod sand Mod ld raym dougl replevin the defendant avow  because that his ancestor be seize in fee and let the land in how c for year  render rend and for rend due to he and his wife in right of his wife he avow  the take after verdict for the avowant upon a collateral issue exception be  take in arrest of judgement because the husband sole avow and he do not join  his wife with he whereas it appear that the rend be due to he and his wife so  he ought not to avow in his own name only croak throw but because he show the  truth of the matter as it be and do aver the life of the wife and so the  distress well take by he and the rend due to he it be adjudge that the avowry  be good enough see Geo c S
case wiseman against gennings Trinity term Elizabeth roll a common recovery  suffer by tenant for life who vouch the remainderman in tail will bar both the  issue in tail and the remainder in fee S c ante   b Com dig   Bac Abr term Rep  upon a special verdict the case be that a tenant for life remainder to b in  tail remainder to r in fee a suffer a common recovery with voucher to b a die  b die without issue whether r shall avoid this recovery by the Elizabeth c a  be the question a Popham it have once be here adjudge a good recovery to bind  the remainder in fee notwithstanding the Elizabeth c and be bring into the  exchequerchamber all the justice agree with the croak Elizabeth judgement for  the matter in law but reverse it for the form and to that opinion the whole  court now agree and will not hear any further argument in this case wherefore  it be adjudge for the plaintiff
case wither against baker declaration amendable c holt chief justice declare  that by the course of the court a man may amend his declaration the second  term but that when the declaration be amend new rule for plead must be give  for the plaintiff perhaps must thereby be put to a new defence second that the  plaintiff the second term may amend but can change modern report the venue  though issue be not join nor in any case afterward for in transitory action  the plaintiff have his election to lie his action where he please therefore he  shall not change it though the defendant may on cause show
case Withington against DALAHER the general issue in/felony must he traverse  by the replication when it be accompany by a special plea triable by the  commonlaw post Leon Hawki S plea crown in appeal of murder by a feme the  defendant plead nient accoupl in loyal matrimony et si trove and soit not  guilty to the felony the plaintiff reply that she croak Elizabeth er p be  accoupled in loyal matrimony croak Elizabeth and do not answer or plead that  he be guilty of the felony and it be move that this be a discontinuance curian  when a plea be plead which be triable at commonlaw and conclude over to the  felony there the plaintiff you he to reply and conclude over to the felony but  when he plead a plea triable otherwise than by the commonlaw it be otherwise
case Witley versus price Lord chancellor eoden die Vol case the plaintiff be  likewise a young heir and have be draw in to buy ribbon and braid ware c at a  extravagant price c and the case be the same in effect with the case immediate  precede have the like rule the plaintiff to be examine upon interrogatory as  to what good he have and the value thereof Reg lib b fol vide batty v Lloyd  ante Vol bill v price ibidem Waller v dalt Ch can
case WITTINGHAM against Broderick trespass for take a wife good must be by the  husband only judgement in the court of common plea in a action of trespass by  husband and wife for take away their good be reverse because the wife ought  not to join
case WITTINGHAM versus Thornborough Eq Abr c S c a policy of insurance be make  a ill use of the court decree it to be deliver up Thornborough and other come  to the insurance office and buy a policy for the insure the life of one  Harwell upon who life they have no concern or interest depend for a year and  the policy run whether interest or not interest and the premium per cent and  they take this way to draw in subscriber they agree with one Marwood a know  merchant upon the exchange and a lead man in such case to subscribe first but  in case Harwell die within the year Marwood be to lose nothing but on the  contrary be to share what shall be gain from the other subscriber upon the  credit of Marwood subscribe several other who have inquire of Marwood about  Harwell who be his neighbour subscribe likewise Harwell live four month and  then die and this bill be exhibit to be relieve against this policy and this  matter be all confess by answer the court decree the policy to be deliver up  and the premium to be repay the plaintiff deduct thereout their cost the court  say this way of insure be first set up for the benefit of trade that when a  merchant happen to have a loss he may not be undo by it the loss by this way  be bear by many but if such ill practice be use it will turn to the ruin of  trade instead of advance it
case WODELL against Hungate if a executor plead a debt due to the king he must  aver that it be a just and true debt ante post lev side Lut con Carth salk  dougl debt upon a obligation against a executor who plead that the testator  tempore death of oneself be indebt to the king for the office of  sheriffship and because it be not aver that it be yes et justice debt is owed  et too little to loosen it be demurrer in law and without argument because a  injunction be serve out of the exchequer adjudge for the plaintiff case  memorandum the last day of this term sir Thomas Fleming chief baron be make  chief justice of the king bench immediate after he be swear sir Laurence  Tanfield one of the judge of the king bench be make chief baron and swear  before the Lord chancellor and treasurer afterward the same day the Lord  chancellor come back into the king bench and sir John croak one of the king  sergeant be make justice of the same bench and that day also Doderidge the  solicitor general be make the king sergeant he be sergeant before have by  dispensation leave his habit and become solicitor and in his place sir Francis  Bacon who be of the king counsel at large without any special place be make  the king solicitor croak throw michaelmas term James in the king bench sir  Thomas Fleming Knt chief justice sir Edward Fenner Knt sir Christopher  Yelverton Knt sir David William Knt sir John croak Knt justice sir Henry  Hobart Knt attorney general sir Francis Bacon Knt solicitor general
case wolf against hole the omission of pledge on the imparlance roll in au  attachment of privilege can be amend by the nisi prius roll ante Hutton hetley  dyer lev wolf attorney of the common plea bring a attachment of privilege  against hold and declare in a action of the case upon a assumpsit after  verdict for the plaintiff and judgement error be bring and assign because  there be no pledge enter upon the imparlanceroll croak car henden dow move  that this may be amend and pledge insert for in the nisi prius roll there the  pledge be mention which be sufficient to induce the court and be say it be but  matter of form and aid by the Elizabeth c after verdict but the court deny the  amendment for although the issueroll shall be amend by the imparlanceroll  because it be precedent yet the imparlanceroll shall not be amend by the  issueroll be subsequent also the record be remove they will not amend it for  they say it be not form but substance Edward by car c after verdict no  judgement shall be stay or reverse for this omission nor by Ann c any  exception take except on special demurrer
case wolley against Bradwell and his wife executrix of sir Thomas manner in a  action by a executor it be no plea to say that the testator be outlaw post  Brownl hut Swinb ivern the defendant plead outlawry in the testator Elizabeth  not reverse and it be thereupon demurrer Hern for the plaintiff move that it  be not any plea because admit it to the a plea it shall be in regard the  testator be outlaw a uIand no have any good but they appertain to the queen  and then the executor may not have any good to satisfy but that be not so for  the testator may have a debt due upon a contract which be not forfeit or it  may he that the testator devise land to he sell by his executor which be sell  money be asset in their hand and in Henry pl pound it be hold to be no plea  croak Elizabeth and of that opinion be Walmsley and Owen for a person outlaw  may well make a will and have executor and the executor may have asset to  satisfy over and beside the good forfeit to the queen as in the case before  put and in other of the same nature but Heaumond e long pole esp for the bar  be good to a common intent and these kind of asset shall not he intend unless  they he show wherefore primdfacie the plea be good Anderson absentee adjou  dtur Rn afterward for defect in the plead without re ard to the matter in law  it be adjudge for the plaintiff Edward pl Edward pl hen pl
case wolley dean OF e and the chapter against Robinson the chapter can join in  trespass for the possession of the dean trespass for enter in the close of the  dean after verdict find for the plaintiff it be move in arrest of judgement  that this action be bring for the possession of the dean only the chapter be  not to join and for this cause judgement be stay
case WOLMAN against tie Michaelmas Term pound Elizabeth roll a declaration in  assumpsit on a promise to pay so much if the plaintiff be ejectedi must allege  by who he be eject ante post r ab b sand assumpsit that the defendant do  assume that if the plaintiff be eject during the term by he or any other that  he will give he fortyseven pound and allege that he be expulse during the term  and judgement be give for the plaintiff and a writ of enquiry of damage award  and return it be move in arrest ofJudginent that he allege that he be expulse  during the term but say hot by who Ga wdy justice at first hold that by the  plea of the defendant who have plead a special plea this matter be waive and a  demurrer be join upon the plea but it be adjudge that this be a thing material  and traversable and ivithout allege of it the plaintiff have poor cause of  action and no plea of the defendant can make it good as in a assumpsit to do a  thing upon request if he do not allege the time and place of the request it be  not good and advantage may he take upon it after non assumpsit mich Efiz it be  adjudge psit plead for the defendant
case WOLNOUGHS case if party be in custody for refuse to enter into a  recognizance and bring a habeas corpora and the attorney general pray time to  maintain the return the court will admit the party to bail post S C Noy hawk p  c Wolnough and seven other be commit by the mayor of London to Newgate for  refuse to enter into recognizance to appear before the lord of the Council and  upon a habeas corpora return by the mayor and sheriff it appear that by a  order from the counciltable they be appoint to come before the mayor and  sheriff to treat concern foreign matter and when they appear be require by the  mayor be in commission of oyer and terminer for the city to perform the order  of the lord of the Council and to enter into recognizance in a reasonable sum  they refuse whereupon he commit they beard Maynard and Keeling junior argue  that this return be not good first because it do not mention the order nor  show what the order be so as the court may adjudge thereof second because the  recognizance be demand for they to appear before the lord of the Council no  time nor place appoint nor cause show why it be demand and because the king  counsel pray time to maintain the return the party be bail until next term
case WOLVERSTON against mere Hilary term Elizabeth roll it be actionable to  say of a merchant that he be a bankrupt knave action for word Edmund  Wolverston be a bankrupt knave it be adjudge that the action lie he show that  he be a merchant and it be affirm on a writ of error although it be allege  that he do not say that he be a bankrupt but a bankrupt knave which be a  adjective and it may be a bankrupt in knavery
case wood against Bramford on error in dower a certiorari lie to inform the  court whether the infant defend by attorney or guardian SC post error of a  judgement in dower in the court of common plea and in nullo be erratum plead  modern er p it be assign for error that it be against a infant who appear by  attorney when he shall have appear by guardian per curian though it be after  in nullo be erratum plead yet we may grant a certiorari ad informand knowledge  and a dowager be a kind of a purchaser
case wood against BRAUFORD the record in dower may be amend by the plead below  SC ante dower it appear on record certify up this be a writ of error that the  defendant be a infant have appear by attorney and this be assign for error and  after in nullo be erratum plead and demurrer thereupon it be suggest that  there be a admittance of guardian below and a warrant for the receive of the  guardian per curian if that be so it be a good cause to amend the record and  as a precedent be quote the case of Waldegrave v lane in the five year of the  late king and queen and per curian after a good error in fact allege if the  party will not join issue upon it but plead in nullo be erratum he admit the  fact to be true and it be a good cause of demurrer
case wood against butt if the defendant plead a surrender to the plaintiff  steward the plaintiff ought to traverse the surrender not that the person  receive it be not his steward more   cro car Vaugh Lut ejection firmce the  defendant plead a surrender of a copyhold by the hand of fosset then steward  of the manor issue be join without hoc that he be steward all the court hold  this no issue for the traverse ought to be general that he do not surrender  for if he be not steward the surrender be void so of a surrender plead into  the hand of the tenant of the manor and it be hold by the court that where  issue be take upon a surrender it shall he try where it be allege to he do and  not where the manor be of which the copyhold be hold and in the principal case  a repleader be award croak Elizabeth er p
case wood against davies trover for rick of hay be good after verdict S C lev  S C keb ante stram ld ray a action of trover and conversion be bring de three  heap fteni England rick of bay it be move in arrest of judgement that it be  too uncertain for no man can tell how much be mean by strew it be urge it  shall have be so many cartload or the like for load be adjudge uncertain in  Glens modern time here but Rainsford and Morton justice who only be in court  judge it well enough
case wood against GERMONS Trinity term James roll Norfolk a proviso in a lease  that the lessor and his heir may restrain be equivalent to say he may distrain  SC roll Abr SC Bulst   b more   a roll Rep queen if a rend be reserve out of  freehold and leasehold premise and the reversion descend to the heir and  executor whether the rend shall be apportion   light   cro Elizabeth ejectment  upon a special verdict the case be tenant in fee of a acre and lessee for  twentyone year of another acre let we both of they for ten year render rend  with a proviso that if the rend be behind for twentyeight day that he and his  heir may restrain and if there be not a sufficient distress upon the land that  they may reenter the lessor die and the reversion of the inheritance descend  to his heir and the reversion of the lease come to his executor afterward the  rend be due and in arrear for twentyeight day the heir demand the portion of  rend accord to the value of the land of inheritance and it be not pay nor  sufficient distress upon the land he enter and let to the plaintiff and the  question be whether his entry be lawful or not first whether these word that  he may restrain be apt word by any construction to signify the intent of the  lessor that if the rend be behind it shall be lawful for he to distrain coke  chief justice hold that restrain be as much as to say distrain and it shall be  accept to be of the same sense as in the yearbook Edward To take back to or  that land redibi for to stay behind second whether this reversion be so divide  the rend also be divide and apportionable and if the condition be divide  whether the heir may demand part of the rend and for nonpayment reenter?But as  to this point no opinion be deliver send adjournatur
case wood against hamstead to trespass on a distress for rend a plea that it  be behind by the S ace instead of after a space of so many day be have ante I  ld ray dougl trespass for take the cattle of the plaintiff the defendant plead  that he be seize of the land in which c and let it to a render rend at the  Feast of easter and if it he arrear at the say feast and ten day after that he  may reellter and say at the Feast of easter in the year of c the rend be  behind and by the space of ten day after and thereupon he reenter and distrain  the cattle damagefeasant and upon this it be demurrer first that he say he jet  to a but say not army pron  interrog  he enter and be possess for it may be  the lessor do not waive the possession and then no rend be due second that he  say the rend be behind by the spac of ten day where it shall he after the  space of ten day as in Browning v Heston blow Com f there be no mention of the  day and year of the lease but space leave for they for these cause and  principal for the second it be adjudge for the plaintiff
case wood against pain ejectment de to make one mesuagio sive tenement and  acre of land pertain judgement may he give for the land I side pop Mod style  cro James Hardres ld ray strange barn vide Cottingham v king I burr Bac Abr t  Rep ejection firmte after verdict it be allege in arrest of judgement that the  declaration be uncertain videlicet de to make one mesuagio sive tenement and  for acre of land to the same belong and for this uncertainty it be hold clear  no judgement shall he give of the message nor of the damage or cost for they  be entire but judgement be pray for the four acre but to that it be say to he  uncertain also for it appear not to which of they they do appertain but gawdy  say the word pertain be void for land can proper helong to a house as hill v  grange be and then it be as a declaration of message or tenement and four acre  of land which though it he void for the first it be good for the land and  thereupon the plaintiff release the damage and for the four acre have  judgement and it be say that in mich pound Elizabeth such judgement be give in  Whitton v Roherts
case wood against reignold queen if a contingent use he bar by a lease for  year make before the contingency happen ante roll ab cro James pale yellow use  bac ab the case be now move again and gawdy Popham and Clench hold that the  lease make whereout the use do arise be good and shall bind the future use as  a lease by feoff make upon good consideration shall bind beneficiary and use  at the commonlaw but it shall not destroy the whole future use but shall stand  for the freehold because the seize be not eban Edward and Popham say that he  have confer croak Elizabeth er p with diverse of the other justice at  sergeantsinn who agree in this opinion but Fenner contra because the lease do  not disturb the freehold when the use be execute this shall relate to the  limitation and shall bind all mean act and therefore shall not bind the feme  as to her jointure wherefore it be adjourn
case wood against smith a declaration in trover for such good el other  ulenseliis England implement without state how many add of what kind be have  Pbst vent Inst lev vent lev ray side yely Str salk ld ray u Mod Mod say tide  Com dig and Com dig Bac Abr trover of good the defendant plead not guilty and  find against he it be now move in arrest of judgement to he a ill declaration  for he count that he essed of such good show what they be in swas possspecie  cum other implementis adalentiam but express not what they be and that he be  also possess of other parcel particular declare what cum other relative but  mention not what they be and that he uva also possess de swine but set not  forth their numher the defendant by verdict be find guilty of all contain in  the declaration and damage entirelyassessed for all which be so uncertain the  court can give judgement for those parcel which be uncertain and of that  opinion be the whole court for the uncertainty in the declaration gawdy hold  that in regard the defendant have admit it he can now after verdict take  advantage thereof as ass be but the other justice contra because there be not  any certainty at all pro implementis et necessary but where there be a  reasonable certainty although upon demurrer because it be not altogether  certain judgement shall he against the plaintiff for the uncertainty yet after  verdict he shall not take advantage if there he any convenient certainty but  here be not any certainty wherefore it be adjudge for the defendant
case wood against Sutton marshal of the court bail judgement be give against  he in debt for a escape and he bring a writ of error and put in sham bail and  so on so often how often they be except against upon affidavit of this a rule  be make peremptory for his put in good bail on such a day or else execution to  go modern er p
case wood and his wife against doctor suckling in trover against husband and  wife for the act of the wife both shall be in pity ante post roll ab hob roll  Rep Bulst   a stram judgement quod eat without die error of a judgement in  Norwich in a action of trover of good against the say wood and whether his  wife of the trover of the wife and conversion of the wife during the coverture  the defendant plead not guilty and find against they for part and for the  other part it be find for the defendant and the judgement be quod to express  grief recupere his damage find and that the defendant whether sit in pity and  that the plaintiff pro falsely warcry quoad residuum unde to ward off  acquietati to step out sit in pity the error be assign first because the  judgement be that the wife sit in pity whereas it ought to be that the husband  and wife to be in pity for she can pay it without a but now by Ann c a  defendant in any action in any court of record may by leave of the court plead  as many several matter as shall be necessary for his defence croak James er p  her husband also because the husband plead with the wife and do not confess  the action for that be the cause of the pity also the usual course be in  action against husband and wife for trespass do by the wife during the  coverture if they be thereof convict to have the judgement croak throw  therefore to take in hand against both yet there be no offence by the husband  himself and all the clerk affirm that so be their course a another error be  assign because the judgement be not quod defendens eat without die and for  both cause it be hold to be erroneous but principal for the first wherefore  judgement be reverse
case wood ux versus Fenwick ux Eq Abr pl S c wms one be poor draw in to sell a  estate at a great under value yet if no fraud can be relieve the plaintiff  wood wife as heir to her brother have a inn in Newcastle descend to her which  be let at pound per and but be subject to a mortgage the plaintiff be poor be  inveigle to sell this inn and all their interest therein to the defendant  Fenwick for pound and after bring a bill for relief against the mortgage and  all other his debt and at the end of the bill pray relief on the whole matter  and the administrator be make a defendant on hear of the cause my Lord keeper  be of opinion that though the purchase be not a fair bargain yet no such fraud  appear as to set it aside then the plaintiff S insist that if the court will  not set aside the conveyance yet they bad a right to have the personal estate  apply to exonerate the mortgage which they have not sell to the defendant nor  receive any consideration for it and therefore have the administrator and all  proper party before the court be precedent in chancery er p proper to ask a  decree to have so much out of the personal estate as will have exonerate the  mortgage my Lord keeper say he think the bill not proper for that purpose but  declare if it have he shall not have extend that matter so far for that the  equity that a heir have in such a case be only for the sake of the real estate  descend to he that that way be clear to the family and here the heir have part  with the real estate have no right to the personal estate which he may have  demand to exonerate his real estate in case he have keep it so the bill be  dismiss
case wood versus story and bell Lord Macclesfield Eq can ab pl the court allow  a Quaker to put in his answer without oath or affirmation where the bill  appear frivolous the defendant story be a Quaker and of so tender a conscience  that he can not prevail with himself either to swear or affirm the plaintiff  bring a groundless bill against he to be relieve touch the sum of pound f S  for two share in the Pennsylvanian come any of which two share the plaintiff  be purchaser but it appear that the other defendant bell sell these share to  the plaintiff and receive of he the purchase money peer William the defendant  story be commit for not answer and now on his petition to be admit to answer  without oath or affirmation Lord chancellor nothing can more pervert justice  than to make a court of justice and the process thereof a mean of oppression  and whenever that appear to be the case I will reprieve the party oppress let  the defendant be discharge out of custody and his answer take without oath or  affirmation note it be say that the like order have be make by the Lord  Harcourt in dr heathcotes case peer William er p
case woodcock against morgan in debt on bind per scribe obligatorium be  sufficient without mention date seal or delivery debt upon a bind show that on  such a day the defendant become indebt to the plaintiff per scribe suum  obligatorium without show the date of the bind or say that it be seal and  deliver per curian become indebt per scribe obligatorium be enough but the  plaint be woodcock complain of Morgan c of a plea that be render to he sixty  pound of lawful money c without say which he owe to he and unjust detain c it  be hold ill
case woodcock v king January the d where a bill be for a discovery mere you  can move to dismiss it for want of prosecution but pray a order only on the  plaintiff to pay defendant the cost of the suit to be tax it be in this case  lie down by Lord chancellor as a general rule that where a bill be bring for a  discovery mere and pray no relief you can move to dismiss it for want of  prosecution but can only pray a order upon the plaintiff to pay to the  defendant the cost of suit to be tax by a master see anon post vol Jones v  Jones post vol
case wooden against Osbourn devise ante Leon Leon Danv cro James vern Com dig  Cowp ejection firmce a special verdict be find wherein the case be one bishop  be seize of diverse land call Hayeslands which extend to two will Cokefield  and Cranfield devise all his land in Cokefield call Hayeslands to I his young  son and his heir and after in another part of his will he will that if a see  Ann c and Geo c by which the necessity of attornment be take away croak  Elizabeth er p I his son die without issue his wife shall have Hayeslands and  die I die without issue and whether the feme shall have Hayeslands in  Cranfield or only that in Cokefield be the question and it be resolve by the  whole court that she shall have that only which be in Cokefield because there  be no more devise to the young son but Popham say if the devise have be to the  old son and that if he die without issue that his wife shall have Hayeslands  there peradventure she shall have all because the old son have all the one  part by devise the other part by descent and she shall have all which he have  wherefore it be adjudge accord
case Woodford against deacon a declaration in assumpsit must show for what  cause the debt become due as for good sell c post ante post     hob Noy Bulst  cro car error in the exchequerchamber of a judgement in the king bench the  error assign because the plaintiff in a croak throw assumpsit declare that the  defendant be indebt to he assume to pay c and do not show for what cause the  debt grow videlicet for rend or by special or by record for if it be by any of  those mean a general assumpsit will not lie And for this cause all the judge  and baron hold it to be error but if it have be that he be indebt for diverse  ware sell or for suchlike contract assume to pay c it have be good enough for  the general thereof and because a recovery in this action shall be a bar of  such a debt therefore for this reason it be reverse although it be object that  there be many precedent of such action in the king bench the like judgement be  give in Fayreclough v seed and in Michaelmas term James Buckingham v Costerden  postea
case Woodford against green verdict set aside for smallness of damage Whitaker  sergeant move to set aside a writ of enquiry for too small damage it appear  that the action be for four hundred pound deposit in the defendant hand and  the jury enter into the merit of the cause and give a penny damage per curian  where the damage be uncertain as in a action of trespass the jury be the judge  of the measure of the injury complain of a see Hayward v Newton stram chamber  v Robinson stram a but not where the demand be certain if they will consent to  let the enquiry and interlocutory judgement be set aside and the defendant  have leave to try it on general issue be it modern report er p so but  otherwise let the proceed on the writ of enquiry be set aside and a new writ  of enquiry be execute before the Lord chief justice b S p Markham v Middleton  stram b modern report trinity term the seven of George the first in the king  bench sir John Pratt Knt chief justice sir Littleton powys Knt sir Robert Eyre  Knt sir John fortescue aland Knt justice sir Robert Raymond Knt  attorneygeneral sir Philip York Knt solicitor general
case Woodford versus swain Feb Ant can the plaintiff be a factor for a  westcountry clothier who become a bankrupt the question be whether the  plaintiff have clothes of the bankrupt in his hand may thereout retain his  full debt or must come in as creditor under the statute of bankrupt and accept  of a satisfaction in proportion with other creditor and account lord the  clothes he have in his hand vide chapman v Derby ante p
case woodman versus skute pale yellow Eq Rep S c vern wms n a be take by the  husband go to bed to his wife give heir security for payment of pound a bill  to be relieve against the security allege that it be a plot to catch he and  that he be compel by threat to enter into they bill dismiss the defendant come  home from Blakenly fair find the plaintiff naked and just go to bed to his  wife he thereupon get a note from he of pound which be precedent in chancery  er p in June afterward in August follow the plaintiff give he a judgement and  in October follow surrender copyhold land to he by way of far security the  plaintiff bring this bill to have the several security deliver up allege a  contrivance to catch he in that manner and that he be drink and do not know  what he do and that the defendant with a axe threaten to cut he in piece so  that he be under terror and that the defendant himself have say in company  that the security be for money lend my Lord chancellor observe that there be  no proof at all of a plot to catch the plaintiff in this manner nor that he  appear to be so disorder or fright for he continue in the same mind when he be  in cool blood at the several time of give the three precedent in chancery  different security and it be prove that he join with the defendant in give out  that that note be give for a bargain of grass so that he know what he be about  and have a mind to conceal it if a jury in this case bad give damage this  court can not relieve and why shall it when the plaintiff himself have three  time give and ascertain the damage against himself it show he think the damage  but reasonable so dismiss the bill but without cost because the defendant have  brag of his bargain which be a sign he think himself overpay but my Lord  chancellor say he will relieve against the penalty
case WOODROFF against vaughan Michaelmas term pound Eliz roll I will prove he  perjure be actionable word and if speak in the presence of one person only as  of that person brother a innuendo will ascertain it to he the plaintiff roll  ab more Jones Com dig action for that he speak in the presence of one Lumley  these word of that plaintiff do not know that Woodroff innuendo the plaintiff  be lby brother he have forswear himself and I will prove he perjure or else I  will pay he his croak Elizabeth er p charges  After verdict upon not guilty  plead and find for the plaintiff it be move in arrest of judgement because it  be not aver that Lumley be brother to the plaintiff and therefore it shall not  he intend as speak of the plaintiff as it be agree this term in Hadcocks case  a say non allocatur for when it be allege to he speak in the presence of one  only it can be intend but that it be the plaintiff if the other in fact he his  brother and therefore it may be well help by the innuendo but otherwise it be  where it be speak in the presence of diverse other as in the case allege  second it be move that for these word a action lie not for for the word he  have forswear himself a action be not maintainable which be agree per curian  then for the word I will prove he perjure or else I will hear his charge no  action will lie but the whole court resolve to the contrary for it be as great  a slander as if he have say direct that he be perjure and it be not reason  thet by such colourable addition to slanderous word the party shall he without  remedy when efore it be adjudge for the plaintiff
case Woodroffe versus Farnham June Eq can ab pl one apprentice give a bind to  another apprentice for pound win at play bind decree to be deliver up game  among apprentice be of the worst consequence by the custom of London a master  may justify turn away his apprentice if he frequent game the bill be to be  relieve against a bind of one hundred pound penalty for payment of fifty pound  and interest the case appear to be that the plaintiff and defendant be both of  they apprentice the defendant at two sit at whist have win of the plaintiff  about one hundred pound in the whole for the secure fifty pound part thereof  the bind in question be give the defendant by answer acknowledge the money win  at play and though he be unwilling and decline play for so much yet the  plaintiff will not suffer he to give over per cur game ought to be discourage  in all case and much more in this where it be between apprentice by the custom  of London it be a sufficient case for a master to turn away his apprentice  because he frequent game and may justify it before the chamberlain and the  custom seem Vernon chancery case to be ground on good reason the master be in  danger to have his cash waste and his shop and house rob to supply the  extravagance of a apprentice who frequent game decree the bind to be deliver  up and cancel vide stat car cap Ann cap but the above reason do not appear  applicable to the case of marriage for if a apprentice in London marry without  his master consent the master can turn he away but must sue his covenant  Stephenson you Houlditch post p Vernon chancery case er p
case WOODYS case if a declaration in a action who tam be good for one part and  bad by a misprision for another part yet judgement may be give for the part  which be good   keb sand sand side salk Bac ab Bac ab Bac ab hawk p c dougl to  Rep to Rep debt upon the statute Henry c a of usury the writ be that he  corruptive lend forty pound c against the form of the statute and that he such  a day lend twenty pound c against the statute but do not say corruptive the  defendant plead non debet and it be find against he it be move that the  plaintiff shall not have judgement for any of those sum for it be clear ill  for the twenty pound for want of the word corruptive but all the court hold  that it be good for part he shall have judgement for that part for be for  several sum it be in nature as two several action so although it be void for  one it be well enough for the other be it be but a misprision in his writ or  count but where one bring a action for two thing and show by his own  confession that for the one he have not any cause of action or be to have  another action it be otherwise as Henry pl Edward pl Henry pl Henry pl Henry  pl dyer thus ejection watch of land and body although it lie not for the body  yet it be good for the other dyer wherefore it be adjudge for the plaintiff  for the forty pound it be hold that if in this case the defendant have  demurrer upon the declaration it have be good for the one and the plaintiff  shall have have judgement for that part so in debt against a executor upon a  obligation of the testator and upon a simple contract it be good for the  obligation a see Henry c Henry c and car c a see Ann saint c croak James er p
case Woolbridge against Cloberry and other where two defendant join in plead  and one die after the venire facias it be error in toto S c Carth S c salk  action for divert a watercourse from a mill against several who join in plead  not guilty one of they die before verdict per curian it be error in toto for  when after joinder in plead one of the defendant die after the venire facias  you ought to come into court and pray judgement against the live only  otherwise the writ shall abate a see statute will c pale yellow c b bull n p a
case woolmer against caston in ejectment if the verdict find not guilty as to  part and special as to the residue without state what the residue be it be bad  ante post cro Elizabeth   light   stram dougl to Rep to Rep ejectment of a  lease make by fulmerston of message three thousand acre of land three thousand  acre of pasture in Darkins by the name of the manor of Monkhall and five close  per nomina the defendant plead not guilty and the jury give a special verdict  videlicet as to four close of pasture contain by estimation two thousand acre  of pasture that the defendant be not guilty as to the residue they find the  matter in law Yelverton now move that this verdict be imperfect in all for  when the jury find that the defendant be not guilty of four close of pasture  contain by estimation two thousand acre of pasture it be uncertain and do not  appear of how much they acquit he and then when they find as to the residue  for the special matter it be uncertain what that residue be so there can be  any judgement give all the court be of that opinion wherefore they award a  venire facias de to make new to try that issue
case WOOLNOUGH versus WOOLNOUGH Eq Abr c S c a devise by Cestuique trust in  tail sufficient to bar the entail in this case my Lord keeper declare that a  devise by Cestique trust in tail in trust be good without any far act to bar  the entail in tail precedent in chancery de boundary paschae in curian  CANCELLARAe
case WOOLVIL against young and another a declaration on a bill of exchange  must state a consideration or show it to be a bill of exchange within the  custom of merchant for state a custom general that every person who sign a  bill be bind to pay it be not sufficient the plaintiff declare upon the custom  of England videlicet that if any person sign a bill to pay money at a day he  ought by the custom to pay it upon that day and then set forth that the  defendant be to sit back et negotiant infra hoe kingdom England and that they  have sign such a bill but do not pay the money and upon demurrer to the  declaration it be hold to be ill for this way of declare so general will  exclude all consideration which must be aver every man be to carry on business  in the kingdom and if the plaintiff will have bring his case within the custom  of merchant he ought to have say exchange to have or have show that the bill  sign be a bill of exchange it be true in the case of Sarsfeild v Witherle vent  a the declaration be that the defendant Witherle be residen et to carry on  business at London c without say exchange to have but it appear upon the whole  frame of the declaration that it be a bill of exchange see will c and Ann c
case Wootton against heal in covenant on a warranty against all person a  breach assign that a have lawful title enter c without show what his title be  be erroneous S C post S C sand S C lev l S C side S C keb post l lev lev cro  James Mod Mod comens strange dougl h bl Rep term Rep term Rep modern er p a  action of covenant be bring upon a warranty in a fine a term for year be evict  sander I acknowledge that a action of covenant do well lie in this case but  the plaintiff assign his breach in this videlicet that one Stowell have lawful  right and title do enter upon he and evict he which perhaps he do by virtue of  a title derive from the plaintiff himself Jones contra to suppose that Stowell  claim under the plaintiff be a foreign intendment and it may as well come on  the defendant side to show it and since the case of Kirby v Hansaker a cro  James a the statute of James c and the late Act of and car c have much  strengthen verdict Twisden justice the statute of Jeofails do not help modern  when the court can tell how to give judgement the plaintiff ought to entitle  himself to his action and it be not enough for the jury to entitle he Jones  you have waive the title here and rely upon the entry of the issue only which  be non to go into c curian advisare vult afterward on this case be move and  argue again the court arrest the judgement and award anil capiatper billam  against the plaintiff
case word against CLYFTON see Cochrane v more Q b d the plaintiff in the  spiritual court may have a prohibition to stay his own suit ante Bulst Litt  Rep prohibition by the plaintiff in the spiritual court to stay his own suit  for that he sue for tithe in the county of Norwich by virtue of a lease make  by the vicar of Tostes for three year the croak throw defendant claim to be  discharge of the tithe by a former lease and composition by deed the court  hold that the plaintiff himself may have a prohibition to stay the suit for  they be not to meddle with the trial of lease or real contract although they  have jurisdiction of the original cause videlicet for tithe for the lease be  in the realty and it be not mere accidental et non refert although the  plaintiff in the spiritual court bring this prohibition to stay his own suit  for if this court have knowledge by any mean that the spiritual court meddle  with temporal trial they ought to grant a prohibition vide Richard pl croak  James er p
case word versus WICKWORTH Eq Abr S c vezey the grandmother be entitle to a  distribution of the grandchilds personal estate in exclusion of the uncle and  ant in this case it be clear agree that the grandmother be next of kin and  entitle to the grandchilds personal estate in exclusion of the uncle and ant  and so it have be before settle in a case of Welsh and duppa and in the case  of Blackborough and Davies salk and so be now again resolve in the principal  case but whether executor shall have the surplus of the personal estate to  their own use or in trust for the next of kin Mr Vernon say nothing be at  present more lose and unsettle ante c precedent in chancery de boundary  paschae in curian porter
case WORLEDG against KINGSWEL easter term Elizabeth roll see hall v Byron Ch d  bare v Abin ch if a copyhold to which common helongedescheat and the lord  grant it with all common appurtenant the grantee shall have common though the  ancient common be extinct ante and   b salk hob cro James yely that ab bro nl  moot pale yellow ten Noy r wonder Mod Carth vern Mod ld raym replevin upon  demurrer the case be that a copyhold of a manor which have common by  prescription in sixty accres parcel of the demesne of the maor escheat and the  lord by deed grant it to another in tail per nomina c communiarum quarumcunque  speech messuagio sive property spectant sive in to some place modus pertinent  well cum eoden messuagio surrender usual whether by these word the grantee  shall have common in thosse sixty acre be the question and after argument it  be resolve by all the court that the donee in tail shall have such common as  the copyholder have but the ancient common which be by prescriotionk be  determine by the unity of possession in the lord but the grant enures as a new  grant of the same common as grant to Islington of the like liberty which  London have be a new grant of the like liberty wherefore it be adjudge for the  plaintiff
case Wormleighton against burton Trinity term Elizabeth roll jurisdiction of  the court leet hawk p c replevin the defendant make conusance as bailiff to  sir fulk Greville for that he have a leet within his manor of d and that at  such a court the plaintiff be arnerced for put his goose upon the common there  and for that amercement distrain and because it be not show that that common  be within the leet as also because the court hold that it be not any article  inquirable in a leet nor punishable there it be adjudge without argument for  the plaintiff
case Worsley and his son against Charnock to a hearing complaint by two if  outlawry of one he plead the other shall have summons and severance post   b    a cro James hearing complaint to avoid a execution upon a statute where  outlawry in oh e of the plaintiff be plead and thereupon a demurrer in law  whether it may he plead in that suit which be only to he discharge and not to  recover any matter but it be rule to be a good plea whereupon the other  plaintiff pray summons and severance so that he only may sue and all the  justice except Walmsley hold that he may well have it for that in this case  they only sue to he discharge wherefore the nonsuit of the one shall not  prejudice the other it be also to discharge their land in which case it be not  reasonable that a act of the one shall make the other man land to be charge  but Walmsley doubt thereof and therefore it be adjourn vide Henry
case Worthington versus Wilkinson at the chancellor house Lord chancellor a  plaintiff after six year be entitle to a discovery of a fraud a fraud be a bar  to the statute of limitation at law Nels foe Rep in canc the bill be bring for  a discovery of a fraud and relief the defendant plead the statute of  limitation Lord chancellor the plaintiff after six year shall have a discovery  of that fraud which entitle he to his action which will otherwise be lose by  the length of time so let the plea stand for a mosely report answer with  liberty to except and the benefit of it be save to the hear when there be a  plain fraud the plaintiff may take advantage of it at law I once try a gold  cause where the defendant assert that between the line and the latitude of the  inhabitant fight with arrow point with gold and take in subscription to  provide ship and man to make themselves master of the place
case worthy against LIDDALL the spiritual court may proceed against a person  for call a woman a whore S C side S C keb S C vent S p vent cro car roll Abr  vent lev skin Mod Mod Mod ld ray stram salk bunb corn dig prohibition g  Carslake v Mapledoram term Rep sander move for a prohibition to the spiritual  court in a suit there for call the plaintiff whore Twisden justice opinion  have be pro and con upon this point the spiritual court have a jurisdiction in  case of whoredom and adultery but if suit there be allow for such rail word  they will have work enough from Billingsgate sander rely upon this that they  be only word of heat Kelynge chief justice they be judge of that sander in  Michaelmas term James roll crier v glover in the common plea the suggestion be  that she strike he and he say thou art a whore and I be never strike by a  whore hand before there a prohibition be grant and I conceive the reason be  because there be a provocation so in our case it modern modern er p appear  that they be scold accord James roll short v coal Noy and in the car in the  case of Loveland v goose keb the court refuse to grant a prohibition
case Wortley against HERPINGHAM not guilty be a good issue to a action of debt  for not set out tithe ante term Rep b r debt the plaintiff be farmer of the  rectory of KirkBurton in county Ebor b this case be move again Trinity term  Elizabeth and again adjourn post croak Elizabeth er p bring debt against the  defendant upon the Edward c for carry away his corn thetithes not be set out  and demand the Triple value a the defendant plead not guilty come  attorneygeneral move that it be not any issue in this action but all the court  resolve that it be well enough for it be not for a nonfeasance but for a  malfeasance wherein the tort be suppose and in a action upon the statute which  prohibit a thing upon which a penalty be dernanded croak Elizabeth the issue  may he non culp or non dehet and so it have be oftentimes rule in this court  wherefore the issue be join accord
case Wortley montague against lord sandwich what shall be evidence of  conversion upon motion for a new trial the case appear to be thus a executor  several year before have leave some householdstuff in the house by the consent  of the heir who use they afterward and within six year of the action bring the  executor demand the good and the heir refuse to let he have they whereupon  trover be bring and the statute of limitation plead and by the court the user  before the demand be no conversion nor evidence of it for it be with the  consent of the executor till then and the demand be within six year the  refusal which ensue it and be the only evidence of a conversion in the case be  within the six year and if a trover be before six year and a conversion after  the statute can be plead
case Wotton against shirt Hilary term Elizabeth roll upon a elegits twothirds  of a rend may he extend though the defendant have the whole and   light      Bac Abr dougl   light b Imp 10ff of Sh see car c replevin the defendant avow  for a rentcharge and show how the plaintiff father be seize in fee of the  place where and grant a rentcharge to sir John Wotton young brother to the  plaintiff of mark per annum in fee and that sir John Wotton grant it in fee to  Luke Cobham whereto the tenant attorned a and that Luke cobbam be indebt to  the avowant by judgement and two part of a see James c Bac Abr a see Ann c S  and Geo c S croak Elizabeth er p that rend be extend by a become facias and  deliver unto hini in execution and so avow for two part of the rend the  plaintiff reply that at the time of the extent Luke cobbam be possess of the  entire rend which may have be extend and thereupon the avowant demurrer the  sole question be whether a extent of two part of the rend be good?And all the  court hold that it be for although by the act of the party the tenant shall  not he liable to two distress yet by act in law he may and this act of the  sheriff be a act in law and his delivery of two part be good
case wrath against Wiggs the jury be not compellable to find a prisoner guilty  of manslaughter on a appeal of murder post   side hale appeal of murder the  defendant plead not guilty and be arraign by a substantial jury of Middlesex  the evidence be pregnant that he be guilty of manslaughter but for the  inurderwas doubtful the jury find he be not guilty of murder and be demand if  he be guilty of manslaughter they answer they have nothing to do to inquire of  it upon this the court be in doubt send Fenner justice to the common plea to  know their opinion who conceive that by the law the jury be not compellable to  inquire of the manslaughter thereupon the give their verdict as before and the  prisoner be discharge Elizabeth dyer a a
case wray versus williams refer to maundrell v maundrell Ves see also Ves vern  S c wms S c more full state ante and ref ante and n a guardian suffer a  dowress to recover at law by not set up a term which be create for protect a  purchaser and the infant be relieve a term be raise in blackacre in trust to  indemnify Mr Buckley against encumbrance that may affect WhiteAcre which he  have purchase the defendant William bring a writ of dower of blackacre against  the plaintiff who be a infant and his guardian have let her take judgement at  law without set up the term or take any notice of it so this bill be bring by  the infant heir to be relieve against that judgement it be say by the court  that this case be the same with my lady radmor and if she can not be relieve  as plaintiff it must be for want of equity and therefore precedent in chancery  the plaintiff must be relieve against her when she be defendant No difference  in reason betwixt a tenant by the courtesy and a tenant in dower although one  have be adjudge one way and the other another lady radmor case have be affirm  in the house of peer the authority be so great that the court can get over it  it have be always admit that a unsatisfy mortgage shall not stand in a  dowresss way but that she may redeem this be not a mortgage but a term to  indemnify a purchaser and it must continue so and subject to that it must be  in trust for the heir upon a rehear Lord keeper wright affirm his former  decree lady William afterward bring her bill of review and upon solemn  argument before Lord keeper Harcourt he reverse the decree and order that the  plaintiff lady W have recover dower at law this trust term which sir b Wray  have set up shall not stand in her way in equity vide wms precedent in  chancery de boundary paschae in curian porter
case wrench case variance hetween the submission and the award post Cowp term  Rep debt upon a obligation the condition be to stand to the arbitrament of I S  of all cause then depend so as the award he make before c in write the  defendant plead no arbitrament the plaintiff show that I S do award c that the  plaintiff shall release to the defendant a action of account then depend and  for that the defendant shall pay to the plaintiff ten pound and this be  deliver in write c and the defendant have not pay c issue be take upon the  arbitrament and find for the plaintiff Plowden move in arrest of judgement  that the submission be of all action then depending hetween they and the award  be that the plaintiff shall release a account then depend which be to he  intend at the make of the award and not at the time of the submission and so  plain out of the submission and so no good arbitrement the court command  judgement shall he stay till the other party answer it
case WRENFORD against gyles a lease for year if the lessee continue so long in  the service of the lessor be not determine by the death of the lessor Noy Bac  ab a lease be make for twentyone year if the lessee live so long and continue  in the lessors service the lessor die and whether the term be determine be the  question Anderson Owen and Glanville hold that the lease continue for there be  not any laches in the lessee that he do not serve but it be the act of God a  see march v Pigot burr b ante vide Lamego v gold burr and Richard v brown  Cowper croak Elizabeth er p that he can serve any long and it be like to sir  Thoma Wroths case a but Walmsley strong against it because it be a limitation  to the estate that it shall not continue long than he serve Qucere
case wright against bull where a condition be disjundive it be in the election  of the party to have either S C Danv debt upon a bind for payment of forty  pound the condition whereof be that if the defendant shall work out the say  forty pound at the usual prince in pack when the plaintiff shall have occasion  for himself or his friend to employ he therein or otherwise shall pay the  forty pound then the bind to be void modern er p the defendant plead that he  be always ready to have wrought out the forty pound but that the plaintiff do  never employ he and upon demurrer the plea be hold ill because the defendant  do not aver that the plaintiff have any occasion to make use of he and for  that it be at his election either to have work or money and not have employ he  but bring his action that be a request in law and so be have determine his  election to have the money and judgement be accord give for the plaintiff
case wright against canning a writ of error be not amendable where it be  returnable before judgement give Writ of error be returnable quinden Martini  the last return of Michaelmas and the judgement be not enter up till octab  Hilar the first return of Hilary term well move to amend the writ by alter the  return to the next return day after the judgement enter up on the statute of  Geo c on the word or other defect in that statute argue that the statute put  this writ as to the amendment thereof to be consider as a judicial writ and  that the return of such be amendable but the court deny the motion for that  there be nothing to amend this return by and say that the record be not remove  by this writ and that it be no supersedeas so the defendant in error be not  delay but by his own neglect for he may have take out execution modern report  michaelmas term the four of George the second in the king bench sir Robert  Raymond Knt chief justice sir Francis page Knt sir Edmund probin Knt William  lee Esq justice sir Philip York Knt attorneygeneral Charles Talbot Esq  solicitor general
case wright against mason if a wife commit a trespass and a attorney for the  purpose of extortion and oppression procure a warrant and apprehend the  husband the court will grant a attachment against he ante upon a motion for a  attachment against the defendant and one Purcell a attorney for foul practice  and for oppress the plaintiff by threaten to take he up by a warrant of the  chief justice and by colour thereof get some money from he and a note under  his hand to pay more for not send he to Newgate for a trespass they pretend to  be do by his wife a rule be make for they to show cause on such a day why a  attachment modern report shall not go against they and upon that day they  appear and produce several affidavit which be read in court and by which they  deny the charge but not positive and direct and it appear by the affidavit  that the fact be do by the wife there be no colour to procure the warrant of  the chief justice against the husband and it far appear that the attorney have  endorse this note to another on purpose to load the plaintiff with a action he  be order to stand commit until he shall answer interrogatory which be to be  file in four day modern report er p and afterward in answer to the  interrogatory he swear off all that be charge against he for which he be  indict and convict of perjury
case wright against Moorhouse Michaelmas term pound Elizabeth roll word which  touch a man in his office and credit be actionable ante cro car   lev cro  James Ro ab Mod salk stram action for these word before the plaintiff come to  the service of the merchant tailor he dwell in Shrewsbury and set the town  together by the ear and so long as he be there they be never in quiet but  afterward they live quiet and he be clerk to the merchant tailor be of consent  and counsel with W Goodlaw to deliver the book of the corporation which he  have in his keep to the intent that thereby some of the land of the same cor  oration mi he he find conceal it be thereupon demurrer because that for none  of these word a action lie but after argument the court resolve for the  plaintiff for these word touch he in his office and credit for his office be a  office of trust and these word touch he therein Anderson say if one say to a  counsellor thou do disclose my counsel or to a justice of peace thou art a  false or a lewd justice or thou dear corrupt or thou do not administer true  justice a action lie Heaumolid say if one say to a counsellor or attorney thou  do deliver my evidence to my adversary  an action lie wherefore it be adjudge  for the plaintiff
case wright against Penry a writ of estrepement grant in a action of damage  ante post Inst king more f n b   see the Edward c the most usual way now of  prevent waste be by application to the court of chancery Bl Com entry sur  seize of a seize make to himself the plaintiff pray a writ of estrepement and  it be doubt whether he shall have it because he be in this action to recover  all his dziniages but afterward upon good advice the writ be grant for  otherwise the plaintiff may have his house and wood deface and destroy and  turn to his remedy to recover in damage against one who peradventure have not  so much in value
case wright against Wheatley ejectment lie of a orchard but in a prcecipe it  must he demand by the name of a garden Ant cro James palmer Leon saint Ange  burr Bac ab ld ray dougl term Rep Noy Ejectioniefirmo de orchard after verdict  it be move that a ejectment lie not thereof no more than a prcecipe quod To  give back say non allocatur for this action be but personal wherein damage be  the principal and although it be usual in this case to award a hahere facias  possession yet it be well enougb and comprise sufficient certainty it be  therefore adjudge for the plaintiff
case wright against wright a visne may come from a borough   light side hawk  stram ejection firmce of a lease make at Abingdon of a house in castle de  Abingdon the defendant plead not guilty and a v enirefacias be award de  vicineto de castle de a   yely cro James stram b by James c no judgement shall  he stay for that any juror who try the issue be misname on the return of the v  enirefacias c see I m dig croak Elizabeth er p Abingdon and thereupon a trial  have and judgement for the plaint and the error assign because the v venire  facias ought to have be de Abingdon say non allocatur for it shall he intend  to he all one wherefore the judgement be affirm ante
case wright against wright Trinity term Elizabeth roll the lessee of a bishop  may prescrihe in non decimand post SC roll Abr   b I Leon more ld raym burr  prohibition upon demurrer the case be that the bishop of Winchester have land  within a parish and presrcibed in non decimand as it be agree that a spiritual  person may and let they to a lie person for year and whether this lessee shall  pay tithe to the parson or not or shall hold the land discharge as his lessor  hold it be the question vide dyer
case wright versus Bluck of the tenth at the Lord chancellor house in person  justice Charleton Eq can ab pl S p pl S c bill by a administrator for  discovery of the personal estate it be no bar to the discovery that the  administration be litigate a man by will devise several legacy and make the  defendant sole executor who have the right of administration to avoid the  legacy refuse to prove the will and have indeed swear that the pretend  intestate have make no will for otherwise the spiritual court will not have  grant administration and thereupon obtain administration and exhibit a bill to  have a discover of the personal estate to this bill the defendant plead that  the suppose intestate Vernon chancery case have make a will and produce it in  court and that the plaintiff be privy to the make of it and that there be now  a suit depend in the spiritual court to revoke the administration and the  plaintiff be cite to prove the will it seem a administration where there be a  will in be be void Abram v Cunningham Le v pond v Underwood Lord raym Jacob v  Allen salk cite in attorneygeneral v very Com Rep but see Allen v dundas term  Rep but the plea be overrule as contain no equity why the defendant shall not  answer as to the discovery of the testator estate and cost respite to the hear  Reg lib b fol so Dulwich college v Johnson post vol Phipps v steward atk and  case cite in not Vernon chancery case er p
case wykes against sparrow Trinity term James roll ejectment for two close  call a and b contain three acre of land be sufficient certain post cro car cro  Elizabeth lev lev salk show Mod Leon run eject term Rep ejectment of two close  call high Gulwell and low Gulwell contain three acre of land after verdict  upon not guilty plead and find for the plaintiff it be move in arrest of  judgement because it be not show what every close contain or whether it be  arable or what other land and the word contain three acre of land do not  contain any certainty and for that purpose savil case   be vouch but it be  answer that this differ from that case for there be neither quantity nor  quality of the land but here the quality of the land be mention and a  precedent be show in Trinity term croak throw James roll or that in a  ejectment for the site of a manor and three close by name upon demurrer to the  declaration it be adjudge for the plaintiff but it be thereto answer that that  ease be not much argue and it be before savil case after it be twice move at  the bar Montague croak and Doderidge deliver their opinion for the plaintiff  for contain three acre of land and the close be name it be certain enough what  nature of land it be and they agree that although the close contain more yet  he shall recover the whole close but Houghton be strong against it that a  ejectment lie not of a close as it be hold in savil case and the contain three  acre of land do not add any more certainty thereto and therefore it be  altogether uncertain notwithstanding his opinion however it be adjudge for the  plaintiff
case wykes against TYLLERD a rend may he reserve upon a bargain and sale by  force of Henry c and the bargainer may distrain   light a roll Abr Inst    Allen Carth wood con replevin the defendant make conusance as bailiff to one  Rysden for rend reserve upon a bargain and sale of land by indenture enrol the  plaintiff thereupon demurrer Glanville pray judgement for the avowant for he  say he knewpot any cause of demurrer unless it be whether there may he a  reservation upon a bargain and sale which be a common case and hold that there  may Walmsley but I will maintain it by reason for nothing pass by the  indenture but the use how may then a rend he reserve thereupon Anderson it be  clear that at the commonlaw such a reservation have be void but now the  bargainer shall have the rend by the save in the statute of use where any be  seize to the intent that any may have a rend and so it be hold in Danbies case  and I have see a judgement in the very point that the reservation be good and  so all the court agree in this case wherefore without further argument at the  bar or hench it be adjudge fpr the avowant
case Wyson against Fenton word not actionable ante action for these word thou  art a forswear bailiff and be forswear this day after verdict for the  plaintiff upon not guilty plead it be move in arrest of judgement that a  action lie not for these word for he do not show that he be forswear in any  court it be not also show that he be a swear bailiff at the time of the speak  the opinion of the court be that the action lie not upon the first reason  principal
case Wytham against waterhouse a husband be not entitle to a term grant to  another in trust for the use of his wife I roll   light a a lease for year be  grant to the defendant to the use of the grantors sister who he afterward  shall marry and he marry her accord and then die a see Henry c hawk croak  Elizabeth er p the feme take the plaintiff to husband and afterward she die  the defendant take administration of the plaintiff wife good the plaintiff sue  the defendant in chancery to have this term and it be there decree by the  advice of all the justice of England that neither the term nor the use thereof  appertain to the plaintiff
case WYTHERS against rook and smith in replevin against two if one of they die  after issue join yet the action shall survive come post cro James Com dig  replevin the party be at issue rook afterward die and it be show to the court  and move whether the whole writ shall abate or not?The opinion of all the  court be that it shall not abate but stand good for croak Elizabeth the other  and Walmsley say he have know it to have be twice so adjudge in his time  wherefore c vide dyer a see car c and will c
case X   b I   a Plo a h h h dyer pardon hearing complaint patent Quatermaines  sheriff of Oxford upon process award out of the king bench against a of capias  alias pluries exigent return upon the exigent that a be drive out to be  evident whereas in truth he be drive out and outlaw the king attorney pray a  writ to the coroner to certify the truth of this the coroner certify that a be  outlaw upon the exigent Quatermaines afterward obtain the king patent of  pardon ex mero movement not general agreeableness certan knowledge of all  misprision offence and contempt after this pardon be obtain the judge of the  king bench fine he for this false return the fine be estreated in the  exchequer and upon a attachment out of the exchequer Quatermaines be take in  execution and commit to the fleet he sue a special writ upon this pardon in  the nature of a hearing complaint comprise all this matter and returnable in  the king bench and be remove by habeas corpus out of the fleet into the  Marshalsea and this matter be examine in the exchequer before all the judge of  England Quatermaines be discharge resolve in this case that the patent by say  general word pardon say offence that a habeas corpus lie in this case to  remove Quatermaines out of the fleet though commit there by the court of  exchequer for a debt due to the king that because the pardon precede the set  on of the fine therefore the fine may be discharge Quatermaines have no day in  court to plead this pardon in the king bench or exchequer and therefore it  shall be allow he now a hearing complaint do not lie against the king the suit  must be by petition after judgement and before or after execution the king  pardon discharge the debt or offence and execution of it and be pleadable  against the king this principal case for the hearing complaint be after  execution and this special writ in the nature of a hearing complaint be devise  and Quatermaines discharge upon it
case X above a cessavit be bring of a chantry and the writ suppose no tenure  but a gift by the ancestor of the demandant for make prayer and that the  tenant cessavit per biennium yet the writ be good for west cap prescribe it so  the same law for a writ of ravishment of ware without way arms for west cap  prescribe it so see case of this second century in fine
case X James ken and Keyleway in Scaccario action sur Le case a be sue by b in  the king bench for debt he be take upon a latitat c rescue he in a action on  the case for this rescue b recover the whole debt against c judge and affirm  in error c shall not take advantage of a s ability to pay the debt for that do  not qualify his wrong
case X James Matthew case I Cr Cr damage verdict trespass against three they  plead several plead and several issue be join and all try by one jury and  entire damage and not several give judge good and affirm in error for they be  all find guilty as the plaintiff have declare and that be joint against they  and of a joint trespass
case X prerogative continuance I e term mich sect e sect f n b sacrament  Justitiariorum stat e   light b upon a commission of oyer and terminer against  Hugh de Chressey he appear upon the process the plaintiff count against he and  the defendant bring the king writ to the justice that Chressey the defendant  be to go along with the king to the march of Scotland to aid the king in his  war and the king command the justice to continue the plea till his the king  return notwithstanding this writ the judge proceed against Chressey and give  judgement against he this judgement be affirm in error for the king require  that which can be be require the continuance of the plea till the king return  which be uncertain when it shall be and every continuance be to a certain day  law a ring non be to treat with violence no one holding ad impossible
case X r Cr h statute process eviction certificate return de viscount a  statute staple or merchant be once certify in chancery there be no occasion  for a new certificate if the conusee die but there be occasion if the  chancellor be name by his Christian name and die or if the first certificate  be insufficient upon a statute staple a capias and extent of land good and  chattel be contain in one writ but it be not so upon a statutemerchant if the  land be extend upon this writ and the body be not find a new capias shall not  be direct to the sheriff of another county without a testatum that latitat  there the executor of the conusee must have a new certificate for the  certificate have in the life of the conusee will not serve a to know facias do  not lie for the executor for the statute prescribe the process and that must  be use as Westminster cap give the writ of ravishment of ware this writ have  not the word way arms for this will not follow the form prescribe by the  statute land extend be evict at commonlaw a new extent will not lie so if the  husband die seize in right of his wife but at this day by the statute h where  there be a total eviction a new extent may be award but at commonlaw and at  this day such eviction do not hinder a capias for the body of the conusor  where after a young statute be extend a to stretch out facias upon a elder  statute come to the sheriff the sheriff have his choice whether to return this  matter or to extend the elder statute by all the judge of England
case xc   justice windham case grant lease exception more cro Elizabeth Leon  Litt Rep cro James   b Yelv sand more a make a lease to b of certain land for  twentyone year and afterward make another lease to c of other land for  twentyone year and afterward make a lease of both the say land to d for thirty  year to begin after the end of the say two lease the three lease shall begin  respective after the end of each of the say two lease and the lessee shall not  wait for the end of both that his lease may begin for the grant shall be take  most strong against the grantor so where a covenant to stand seize to the use  of b his cousin of certain land for life and of other land to the use of  another cousin in tail and afterward covenant to stand seize to the use of a  three cousin in fee after the two former estate be end the state of the three  cousin shall begin respective after the say two estate be end judge and affirm  in error a grant a rend of to b out of certain land for his life and after the  death of c to b for his life c die b shall have during his life for a ought to  have add a exception after the death of c videlicet nisi si ita to discern by  sense quis the dawn to entangle permission that cum without exception to  scratch cur without exception non ita to discern by sense
case xc e ejection strong de promontory pisarum be good as de promontory to  sow with pisis so adjudge and affirm in error ninian fineness of texture in  jure reprobator it do not lie de property nor de pecia terroe see my repertory  title ejection strong Jenkins er p
case xc h Keyleway dyer h   Bulwers case   b Stamf see g cap appeal indictment  principal and accessary trial a of London be accessary at London before the  fact to a murder commit by b in Essex the juror of Essex may indict this  accessary by all the judge of England it seem that the statute of e cap be  only a affirmance of the commonlaw for the indictment of the accessary law  never deficit in the whole of the laws to hold forth in a appeal in this case  it be otherwise for this be a prosecution for private revenge and therefore  differ from a indictment at the suit of the king where the fact be in one  county and the accessary before the fact in another county where both county  can join the appeal shall be bring where the death be and the trial shall be  by both county where both can join in the case of or other felony except  murder robbery the appeal fail for it be not aid by the say statute of e but a  appeal of murder be aid where the county can join and the appeal lie where the  fact be commit a indictment of treason or felony ought to be in the county  where the treason or felony be commit
case xc I Bulst roll James Cr h arundel case a action of trover and conversion  de ten toddis wool England todds of wool ten pipis vines in a vineyard in rows  England pipe of wine in community de Coventry the plaintiff have judgement in  this case although the venire facias to be de community Coventriae and  although the say word toddas and pipas be not Latin word affirm in error in  such case de community be good so de vicineto community either be sufficient
case xc James Cr Mallory versus lane j h assumpsit maintenance a be indebt to  b in and c to a by two statute a deliver those statute to e who pretend to be  executor of b after the death of b this pretend executor upon this assume to  pay the say debt due to b by a this assignment be lawful although no  assignment be make or can be make to b of these statute so that he may sue  they and although e be not executor to b for e may cancel they although he can  not sue judge a good assumpsit and consideration and affirm in error Hobart  have the same case
case xc king Fitzherbert challenge a challenge of a juror in any trial by  inquest or jury for kindred with the plaintiff or defendant be not a good  challenge if the juror challenge be a bastard or his ancestor a bastard  resolve by the counsel if the juror and the party to who the kindred be  suppose both descend from this bastard after the marriage of the bastard the  challenge be good for as to they he be not a bastard marriage be by the law of  nature the judgement for petty treason be to be draw and hang the bastard son  of a woman kill his mother this son shall have this judgement for he shall be  repute as a servant to her the law in odium coitus condemned do not vouchsafe  to a bastard the ordinary favour which it vouchsafe to another the mother of a  bastard seize in fee of land can not raise a use to the say bastard in  consideration of natural affection for though there be natural affection  between they yet the raise of the use be a constitution of the law this use  shall never rise and for the same reason Litt in his chapter of villeinage  hold that a bastard can be a villain by his birth although his mother be a  neife for villeinage be ex institution law some modern law require the  maintenance of the bastard by the repute father and mother Elizabeth ch I ch  Jenkins er p
case xci   light a e Ve no br quo warranto default judgement a quo warranto be  bring in the king bench the defendant be summon make default and another  default at the return of the venire facias judgement shall be that the  franchise shall be seize into the king hand and not that it shall be forfeit  for it do not yet appear whether there be cause of forfeiture No man shall  final lose his land or his franchise upon any default if he have never appear  by the judge of both bench a writ of right for land be bring against a he do  not appear a grand cape Jenkins issue he make default at the grand cape  judgement final shall not be give till appearance and trial by battle after  the mouse join upon the mere right or trial by the grand assize or after the  mouse join and a departure in despite of the court or after the mouse join and  a default and a petit cape award and upon this the default not save in these  several case final judgement shall be give
case xci Elizabeth dyer alien denizen   b Vaugh vent a bastard bear at tournay  in France when h have subdue it between English parent be a natural subject of  England and continue so although tournay be win back by the French for he be  bear in obedience allegiance king England by the two chief justice and other  judge the law be the same although the mother be French or the father and  mother French for the reason be alike such also be the law if a husband and  wife who be alien have issue bear in England where the parent be bear in  France if a Frenchman marry a English woman and have issue bear in France this  issue be not a natural subject of France as appear by a book call Treasure de  francois in the title de law de Aubien I e de stranger it see above W cap W  cap annae cap g cap g cap g cap seem reasonable that our law for the future  shall not show more favour to the issue of alien bear in England than the  issue of English parent receive abroad in France see my repertory title alien  and denizen
case xci h   calvin case two e Fitzherbert Br e roigne Katherine queen of  England after the death of king h marry Owen Tudor knight descend from the  royal stem of the prince of Wales by who she have two son and a daughter  during their marriage she sue without her husband by the name of queen of  England she be the daughter of Charles king of France resolve by all the judge  that though a queen marry a private man she remain queen and a person exempt  to sue or be sue as a feme sole and that she be a person capable to purchase  land without her husband with a power to dispose of it a private statute be  make the h that it shall not be lawful for a queen dowager to marry any person  without the king licence
case xci James h Cr hob Cr Marsham versus Jolles obligation variance hob roll  Cr James debt upon a obligation the declaration be pro sixty scales the bind  be for sixty scales the plaintiff have judgement affirm in error for the word  in the declaration and the bind be to the same effect
case xci p James c b tuck case a seize of a manor to which a advowson be  appendant make a lease for life of the manor except the advowson after the  death of this lessee the advowson be appendant adjudge and affirm upon error  in the king bench a lease for life be make of a manor except one acre if the  reversion of the manor be pass this acre shall not pass otherwise if the lease  be make for year with such exception a thing in possession can pass as parcel  of a thing in reversion where a lease be make for life with such exception it  be otherwise if part of the manor be lease for life and afterward the manor be  pass in fee to another the reversion of this parcel which be in lease for life  shall pass along with the manor for the fee of it be not sever from the manor  and the manor be pass and a thing in reversion may pass as parcel of a thing  in possession as in this case of the manor the exception for life be a Jenkins  express separation pro tempore where a advowson appendant be grant for life a  grant of the manor afterward to another passes the reversion of the say  advowson the freehold of parcel of a manor in possession be except where a  manor be lease for life do not pass with the reversion of the manor but where  part of the manor be grant for life upon a grant of the manor the possession  and reversion of the say parcel passes with the say manor for this parcel be  parcel of the manor and not except
case XCII   b digby case quare hinder plenarty lapse dispensation notice h cap  value deal church a have a benefice with cure above per annum he take another  benefice with cure and be admit and institute to it but before induction he  have a dispensation to hold both the first be void and the dispensation come  too late admission and institution make the church full against a subject but  not against the king before induction in case of deprivation or resignation  the patron if be will may present to the first benefice before the clerk be  induct into the second in this of avoidance by plurality case there be no need  of to the patron see   b it seem the patron be not bind to take notice unless  there be induction notice for by the statute of h cap the church be void by  acceptance of the sound as if the incumbent have be dead and in the case of  death there be no need of notice before a lapse for the patron may know when  the incumbent die as well as the bishop by all the judge of England and baron  of the exchequer if the value of the say two church be respective under per  annum accord to the tax of the h in the firstfruitoffice if they be in  different diocese the archbishop respective may dispense with retain they both  if they be within the same diocese the bishop of that diocese alone may grant  such dispensation
case XCII ass pl Elizabeth dyer the king in parliament grant to the prince the  duchy of Cornwall with the ware and marriage of his tenant by knight service  thereunto belong the king have a his tenant within the say duchy who hold of  he videlicet the king other land elsewhere in capite this tenant die his heir  within age this a also hold other land of the duchy by knightservice the  prince shall not have the wardship of the heir of a nor of the land in this  case for a be not integer to hold of the duchy and this be a special case of  prerogative that the king charter without express mention do not pass any  thing nor be of any effect in such case by all the counsel king non to be able  to trip nec to trip Elizabeth dyer note there many good case of the king  patent contain general word which shall not be construe to extend to certain  special case a grant that a shall not be sheriff of any certain county be good  a release make by the king of all demand be a void release h dolosus in  Jenkins general to turn often the king patent that a shall not be a sheriff  general be void r the king patent of all his land in a county be good h a  grant by the king of all i do not pass royal i Plowdens case of the i whatever  the king enjoy by virtue of his prerogative can be grant without special word  e quaere hinder marquis of Winchester case
case XCII b Elizabeth dyer   light b Br case blow dyer remitter devise tenant  in tail of land make a feoff of it to the use of he and his heir and afterward  devise it to a in fee and die seize in this case the heir of tenant entail be  not remit for the devise prevent the dissent this case prove that the freehold  be in the devisee before his entry as in the case of the king patent of land  in fee or tail or for life or in case of the grant of the reversion of a  freehold expectant upon a estate for year life or in tail with attornment for  these be livery in law
case XCII e Elizabeth dyer assize bar in a assize the defendant plead a lease  for year make to he by the plaintiff or a lease for life the reversion in the  plaintiff or a feoff from the plaintiff with warranty and rely upon the  warranty all these be good but the lessee for year can plead assisa non for  that be the form of the plea in bar for the tenant of the freehold the lessee  for life or the feoff but he ought to plead the say special matter videlicet  his lease for year the reversion in the plaintiff and that he be in possession  and so in without wrong by all the judge of England
case XCII h Keyleway dyer Stamf prer prerogative guard forfeiture the  beneficiary and use of land hold of the king in capite by knight service and  of other land hold of other lord in socage die his heir of full age the king  in this case shall not have premier seize nor be there any occasion for livery  in one land or the other for so be the commonlaw and the statute of h say  where the heir beneficiary and use be under age and no will be declare by he  by all the judge of England the king by the commonlaw suffer no loss in this  case for if the heir of the feoff to the use be within age whether beneficiary  and use be alive or dead and his heir of full age the king shall have the  wardship of the heir of the feoff and of Jenkins er p the land and if it  happen that both the heir be within age after the h and before the statute of  use the king shall have the wardship of both of one by the commonlaw of the  other by the say statute at commonlaw beneficiary and use do not forfeit the  use for felony or treason for it be only a confidence it be so at this day for  a trust of a freehold or inheritance but it be otherwise of a chattel a feoff  upon a trust at this day commit treason or felony the land be lose and escheat  and the trust be extinct for the king or lord by escheat can be seize to a use  or trust for they be in the post and be paramount the confidence
case XCII James Cr king versus bag slander action sur Le case word of slander  a have be rob of money and plate and b have they and will be hang for the same  these word be not actionable judge in the exchequerchamber
case XCII p James Haverleigh versus Leighton b r Cr notice forfeiture a upon  good consideration assume to b that he will pay b as much money as he b will  lend to c before such a time b end to c before the say time which c do not pay  to b b bring a action upon this promise against a but give no notice before  the action bring that he have lend the say to c yet the plaintiff have  judgement affirm in error for he have no need to give notice the defendant may  have notice by c or otherwise notice by suit and proof in this case be  sufficient b be not bind to seek a to give he notice see my repertory title  notice where the breach of the promise be so private that the defendant call  by no possibility know it without notice the action do not lie without notice  as upon the sale of a tun of woad for as much as another will give by a  certain day without name any one notice be necessary in this case before the  action bring such be also the law upon a assumpsit where the action accrue  upon a secret act of the plaintiff in such case notice be necessary so of a  obligation where the subject matter of the notice be secret and ex part the  plaintiff
case XCIII   case de corporation ante election de magistrate custom SC   Rep b  e r with note the election of magistrate by the common council of a  corporation without the voice of all the commonalty as some charter direct be  good where it have be so practice a very long time for the law presume that in  some former age the whole commonalty assent to it although that assent can be  show at present such election by common council be expedient to avoid  confusion corporation have a power to make ordinance for their own government  by all the judge of England ex long duration time in all respects to take  before essee solemnly acta custom common custom bind law non scribe si sit  specific to explain law scribe si law sit general to stand with the custom
case XCIII ass pl a alien go to Coteswold and there false publish that so much  wool be already transport to part beyond the sea that they will buy no more  this year and the publish of this false report be to the intent that the price  of wool shall Jenkins er p fall this alien for this falsity be indict convict  fine ransom and imprison at this time it be lawful to transport wool which be  afterward restrain by the king counsel the law be the same for publish that  the coin be debase and for every falsehood which may occasion any detriment to  the public salus poplar tree be funeral rites law
case XCIII be e hob office patent the king grant the office of custos narrow  places or chief prothonotary or of chief justice to two this be void for there  never be such grant and two chief can be by the justice of both bench there  can be but one chief nil novand rashly a grant of the office of clerk of the  crown in chancery to two be good one person have it in my time the office of  marshal of the king bench may be grant in fee or tail or for life or ear so of  the office of sheriff before the statute of h cap it be so of a copyhold  grantable in fee by the custom the office of prothonotary in the common plea  be at the disposal of the chief justice of that court
case XCIII h e ch e ch process viscount by the judge of both bench   light b  hob in case of the death or removal of a sheriff before the end of his year no  new process shall issue until a new sheriff be make but shall wait till then  and not be direct to the coroner but if issue be join and the plaintiff  suggest to the court that the sheriff be his cousin and the defendant do not  deny it process shall issue to the coroner to speed the suit so if it be  suggest in chancery and not deny by the other party that the sheriff be  plaintiff or defendant in the suit the writ shall be direct to the coroner the  word in the parenthesis be a true translation of the French original but be  direct contrary to the two statute here cite which enact that he may execute  his office during these two term if he have not a writ of discharge by the  statute of e ch and e ch after the end of Michaelmas and Hillary term no writ  or process shall be direct to the old sheriff for the sheriff be not to  continue in his office any long where a sheriff make a false or insufficient  return he shall be fine or amerce as the case require but notwithstanding  these misdemeanour the writ shall continue to be direct to he and not to the  coroner
case XCIII h Keyleway dyer Inst cinque port patent jurisdiction Cr Yel Cr Cr  the king grant to the mayor bailiff and jurats of the cinque port that they  shall not be implead for land nor for any other cause arise there elsewhere  than before the constable of Dover at Shepeway this grant do not bind the king  in a case where he be party it do not bind the king as to his own case in a  quo warranto nor in a quare hinder by all the judge a appeal of murder lie in  the king bench for murder commit in any of the cinque port for otherwise if  the felon fugue to make he can be outlaw often adjudge Elizabeth crisp case  the king by his grant can exclude himself from prosecute any plea of the crown  for it concern the public government and can be separate from his person nec  time nec locus to run up king
case XCIII James ken and Kelway in the exchequerchamber Lord lane rescous  damage I vent a be indebt in to b be take upon a capias ad to answer to answer  for this debt and be rescue by c b recover in a action on the case for this  Jenkins er p rescous the entire debt against c affirm in error for no man  shall be allow to qualify his own wrong do the jury may give less damage if  the principal debtor be solvent
case xciv   b a Elizabeth dyer court action popular hut Cr car   more attaint  information there be penalty ordain by several penal act of parliament to be  recover in any court of record this be only to be understand of the court of  record at Westminster and not of the court of inferior corporation by all the  judge of England the statute of James cap ordain many popular action upon  penal statute to be sue at this day before justice of the peace in the country  and not elsewhere this statute be expound not to extend to penal statute where  the offence consist only in nonfeasance as recusancy and the like in a action  upon a penal statute bring for the king and the informer the attorney general  alone reply and join the issue and therefore some think that a attaint do not  lie upon such a information when a false verdict be find for the defendant for  the informer do not join the issue but the law seem to be otherwise for a  attaint lie against the informer if a verdict passes for he by the like reason  if a verdict passes against he a attaint lie for the king against the jury  which pass against the king where a false verdict passes for the king upon  petition make to the king a attaint may be bring which be only against the  jury that give the false verdict the issue join by the king attorney alone be  in law a issue join by the king and the informer for they be both plaintiff  dyer h e Br case f n b e
case xciv e a seize feoff a with warranty and the seize afterward with other  procure b to seize a and that c who have a elder right and can it enter shall  bring a to know facias against b to execute a fine levy to he by which mean a  be to lose his warranty for upon the to know facias no voucher lie all this be  do accord and judgement be give for c against b a upon this covin may well  maintain a writ of conspiracy in the nature of a action upon the case against  the seize and the other conspirator and the judgement in the to know facias  shall be avoid and this action upon the case shall avoid it for the vexation  and falsehood and loss of warranty resolve by the counsel understand this  regular by all the judge of England the remedy for c be he may have a to know  facias against a now the terrtenant if the fine be not execute and pen this to  know facias a shall bring a warrantia paper against the seize and so the right  of every one shall be save tenant in tail feoff a with warranty and have other  land in fee liable to the say warranty dine day before his death he feoff his  son and heir in tail of those land to the intent that no asset may descend to  he vet this land shall be account asset and this heir shall be bar in a  formedon bring by this heir in tail notwithstanding the feoff e Fitzherbert  guaranty dyer fraud dolus gemini patrocine
case xciv e prescription parson jurisdiction a prescription to have a way  across a cemetery churchyard be good this word cemetery be a Greek word and  signify common for sleeping because corpora in that place usque ad diem  resurrection to sleep be solum a god hallowed by all the judge in the chancery
case xciv h the corporation of the bailiff and commonalty of dale have land  and franchise the king change their name and they be incorporate by the name  of the mayor bailiff and commonalty of dale the land and the franchise which  they have remain with this new corporation for the new patent of incorporation  recite their former name and change it as above and this new corporation  continue compose of the same person and place which constitute the old one  Jenkins a patent of certain land be make to I S I S be afterward confirm by  the bishop by the name of t S notwithstanding this change of his name the land  remain with t S but if after the confirmation a patent have be make to I S it  have be void for confirmation by the bishop be as a second baptism and change  the name so in the principal case if after their new incorporation a patent  have be make to they by the name of their old corporation such patent have be  void every one be bind to know his own name and not the name of another
case xciv James   Bulwers case visne h Leon Noy Cr James Cr Elizabeth a lease  be make for twentyone year by indenture make at Denham de terris in parochian  de Denham upon not guilty plead the visne be of Denham and well judge and  affirm in error the will and the parish shall be intend all one or that Denham  be a will within the say parish
case xciv James Cr Denboughes case tale nisi prius nugation coke have this  case   b Denbawds case Cr Elizabeth at nisi prius only one juror appear de A  standing round may be add to make a full jury and so it be do if a entry be  make upon the panel nomina ten such it be void judge and affirm in error  justice of nisi prius can award ten or eight tale as in the common plea
case XCIX ass pl h f n b c   a roll archer case lessee for life be seize be in  the reversion ousts the seize the seize bring a assize against he and it well  lie during the life of lessee for life if during this seize a see whether ch  for collateral warranty collateral warranty descend upon he in the reversion  his Jenkins er p right be go although during the life of lessee for life he  can it claim it it be otherwise of a lessee for year oust and his lessor seize  the lessor in this case shall recover in a assize during the year against the  seize but he shall not have damage for the belong to the lessee for year  adjudge very often catalla to count over inter minima in lege
case XCIX h the steal of peacock or any reclaim fowl be felony by all the  judge of England see my repertory title coroner
case XCIX James Cr Lovelace versus juniper continuances debt be bring for at  the pluries capias and entry be make upon the roll of the process quod quer to  bring before see in plea debt is owed S at the exigent the defendant appear  and confess the action the plaintiff have judgement upon it affirm in Jenkins  er p error the say appearance take away all discontinuance and have process  before it and the say word S in the to bring before see be superfluous judge  and affirm in error
case XCIX James Cr sir draw Druries case hob   a Cr James the king grant the  wardship of the heir of his tenant by knightservice to a and afterward the  king make this ware a knight the grantee shall have the value of marriage or  forfeiture of marriage if he the ware incur a forfeiture before he be make a  knight and the say grantee shall retain the land until the age of twentyone  year for the value of the marriage the make of a ware a knight discharge his  body and land for the for feiture of marriage where he marry after he be make  a knight if the ware marry after he be make duke or earl c it do not discharge  his Jenkins er p person nor the value of marriage nor the retainer of the land  until full Jenkins age resolve by both chief justice and chief baron in the  court of ware
case XCIX Plowd case de i ass pl patent i visne roy grant see W and m cap hob  W and m cap SC I Plowd e r with note the king grant to a his subject a great  manor call a honour and passes it by the name of a honour and well the king by  his patent grant to a ex mero movement not general agreeableness certan  knowledge this honour be fee and all i there this grant do not pass i of gold  or silver or if they be mix with iron or lead or tin so that the silver to be  extract exceed the charge of get it if there be such mix i in the land of a  subject and without such proportion of silver in they as aforesaid they belong  to the subject the king bring a information against a for disturb b and c his  servant employ by his verbal command to dig for i of silver within this honour  and this hindrance and disturbance be in a great waste parcel of the say  honour call Newlands in Cumberland and no town or parish be mention in the  information but the say place upon this information the defendant demurrer  judge by all the judge of England for the king i of gold or silver do not pass  without special word for they concern the king prerogative coin be string  pretty the information need not name a will or parish a place know be  sufficient in trespass the king verbal command to his servant be sufficient in  this case so it be for leave to his servant to absent himself from his service  for a certain time so of a gift of chattel personal the king grant all the i  which belong to the king in the land of a subject in this case i of gold and  silver pass for the mention the land of a subject waive the king prerogative  in this case for the king can have no other i in the land of a subject Jenkins  er p
case XCIX Yel Elizabeth dyer use estate faits I Inst b write be make necessary  by c cap dally pl land in city town and borough may pass by bargain and sale  by parole without enrolment accord to their custom as at London there be a  save for they in the statute of enrollments h cap by all the judge of England  dyer a use be only a trust and confidence it may be grant or devise by parole  a bargain and sale at commonlaw in any place may be by parole for a use only  pass but at this day there must be a deed to raise a use whatever the  consideration be the consideration of blood will not raise a use without deed  neither will it create a debt
case XCV   b hoe and tailor be case custom Underwood or herbage or any profit  apprender may be grant by copy if custom warrant it so of a fair or market so  of a manor judge and affirm in error the custom of Clivenor landmark be that  if any copyholder be about to sell his copyhold proclamation shall be make in  court that if the next of blood of the vendor or in default of he the next  neighbour of the vendor shall come to court at sunrise and will pay as much as  the bargainee have agree to pay that he shall have the land notwithstanding  the bargain custom willing to lead law not to draw if it be make to abrogate a  ancient custom
case XCV e west cap register Ve no br brief de law sur disclaimer see there  the force of the writ where the disclaimer be in the county or court baron  Lord mesne and tenant in replevin the mesne can disclaim for a writ of right  upon a disclaimer demand the land and he have it not and the lord have no  benefit by this disclaimer for the tenant can lose his tenancy by the  disclaimer of the mesne and the lord have not more or better or other service  than before the disclaimer a writ of right of disclaimer lie where both mesne  and tenant disclaim if the disclaimer be in a court of record a writ of right  lie upon the disclaimer Lord Jenkins mesne and tenant these word be in the  original in this place per praecipe quod To give back but it seem to be  surplusage print from a perplex incorrect copy the lord shall not have a  cessavit against this tenant but the mesne shall for the tenant be tenant to  the mesne and not to the Jenkins er p lord and the law do not suppose that the  mesne will not sue his tenant and so the lord be at no loss
case XCV h essoin quare non to send to a essoin do not lie in a quare non to  send to for it be a judicial writ issue out of the record the statute of e de  Essoniis calumniand do not allow a essoin after judgement and this writ always  depend upon a judgement by the justice of both bench a essoin do not lie on a  to know facias to avoid delay after judgement e h it be not error to allow a  essoin when it do not lie it be error to reject it where it lie if the  defendant be personal see in court it destroy the essoin dyer where the writ  be return tarde the essoin shall not be adjudge and adjourn for the defendant  or tenant have no day in court dyer
case XCV h h release by all the judge hob a praecipe quod To give back be  bring against a a vouch b who enter into warranty afterward the demandant  release all his right to a a can plead this release for the continuance now in  court be between the demandant and vouchee and when the demandant count  against the vouchee the vouchee may plead this release and may also plead a  release to himself make after he have enter into the warranty for he be now  tenant in law of the land if in this case the demandant recover against a and  a recover in value against b the vouchee b not have plead the release and the  demandant have execution a by the force of this release shall maintain a writ  of right or a assize against the demandant and this recovery in value shall  not bar he from his writ of right or assize for the value concern the vouchee  and the writ of right or assize be not bring for the land which be recover in  value but for the land which the tenant have if a recover in the writ of right  or assize upon this release b shall be restore by hearing complaint to the  land so lose in value for a shall not have both right can die
case XCV James Cr kerby versus Hausaker replication Title debt upon a  obligation upon a condition that where the plaintiff have a lease for year  from his lessor of certain land that the lessee shall enjoy this land during  this lease without eviction the breach be allege in the replication in a  recovery of this land by a by verdict and upon a good title the issue be that  the recovery be by covin and it be find for the plaintiff he have judgement  which be reverse in the exchequerchamber for a may recover this land by  verdict and without covin under a title derive from the plaintiff himself  therefore the plaintiff ought to show that a have a elder title to the say  lease make to the plaintiff
case XCVI e a bring debt against b for this be a action of debt for money due  for a horse sell borrow of he at dale in Com Middlesex the defendant plead  that he borrow the say ten pound of he at London upon a condition which he  have perform and traverse the sale modus form it be a good plea by the justice  of both bench
case XCVI Elizabeth dyer assize attaint fine ransom assize pl Inst   Beechers  case the plaintiff in a attaint be nonsuit or bar he shall be fine and ransom  ransom be redemption and be Triple to a fine if a attaint passes against the  defendant the defendant shall be fine and imprison by all the judge where the  defendant in the attaint be not party to the original writ in the cause in  which the false verdict be give he shall only be amerce for a stranger to the  writ as the tertenant or feoff of he for who the false verdict be give may be  defendant in a attaint and as to this there be no default in he for the false  verdict be not give for he
case XCVI h Keyleway verdict count prerogative custom a information for the  king for transport clothes custom not be pay the defendant plead that be do  not transport any uncustomd clothes a verdict be find that the defendant  transport statute clothes which amount to the clothes mention in the count and  that the defendant have not pay custom for Jenkins er p of these clothes and  have pay custom for the residue of they the king have judgement for all the  clothes and affirm in error the law for nonpayment of custom be that if any  part be not custom the whole be forfeit but not the ship for a small matter  not custom e cap the defendant plead in the principal case that he do not ship  any that have not pay custom and it be find that he ship custom not be pay if  he have plead not guilty the king have be bar for so much as he have pay  custom for note neither the quality nor the measure of the clothes be mention  in the declaration and yet this well in the principal case the verdict of the  jury for that have not pay custom be a full verdict which give a forfeiture of  the whole to the king the find that custom be pay for clothes be out of the  issue and surplusage Jenkins a assize be bring of a carve of land the  recognitors find a seize and seize of twenty acre of land which make a carve  the plaintiff shall have judgement measure weight and number differ in several  county in Yorkshire they count six score sheep to a hundred this information  be in the case of the king plaiters case   b a be in the case of a subject and  in this case the verdict do not supply the declaration in trespass quare  piscen suum to take in hand the count ought to mention the sort of fish and a  verdict will not help this have count it shall be take best for the king king  nec to trip nec to trip to be able
case XCVI James Cr thin versus rigby   salmon case Carth roll   Ent pl keb cro  Elizabeth side more Litt Rep hob Carth arbitrement a arbitrement concern  certain controvert tree award that one of the submittants shall have the tree  and that the other shall pay he for they at such a time or give good security  and do not mention what and for how much this arbitrement be void for the  uncertainty the arbitrament be also that the other shall have for houseboat  and ploughbote as much as they shall arbitrate at a future time videlicet at  the next assize this also be void for a arbitrement be a judgement and it  ought to be certain entire and perfect and it can be make by parcel
case XCVI Yelv hob   a Tr James the ice plaintiff Matthew defendant Br r cro  error prerogative usurpation grant patent confirmation a usurp upon the  patronage of one of the king church diverse time and have several clerk  successive admit institute and induct and for many year respective they be  incumbent of this church a have not gain the patronage by it the king may  grant this patronage to any one for he be in possession and the patronage be  in he the king confirm the patronage to this a it be void for a have not any  patronage if the king confirm to the incumbent of a s presentation his  incumbency it be good for he be incumbent de facto and the king can remove he  without a quare hinder by the statute of e r judge and affirm in error the  king can neither do wrong nor suffer wrong
case XCVII dally e receipt e h Littl cap homage ancestral a a avowry be make  upon the husband and wife where the wife be the tenant in this case no  disclaimer lie for the wife can be examine in this case and the husband  disclaimer shall not hurt the wife for her freehold or inheritance any more  than his concession shall
case XCVII Elizabeth dyer authority Poyar exposition de parols college ass pl    b two h Davis dyer a by a ordinance for the government of the college of  Windsor which consist of a dean prebend chanter c the dean may make a deputy  when he be dispose to absent himself with power to the deputy in omnibus to  drive duty suum in personas collegium remember this deputy in the dean absence  can make a lease for year of their land although the prebend join and although  it be under the common seal of the college for the word college as the word  abbey extend only to the site of the college but not to the possession of the  college a rend grant out of a abbey go only out of the site of it by all the  judge collegium be joint pursuit much corp simul habitant and be constitute by  the king only
case XCVII h by the judge of both bench treason equity a servant kill a feme  covert who be his mistress this be petty treason within the statute of the e  ch which say if a servant kill his master they be one person and therefore he  be servant to her clergy be deny in the case of burn of dwellinghouse by the  equity of the statute of h ch and in the case of proviso upon the statute of e  ch for these be statute for the public good and therefore shall be take by  equity
case XCVII James Cr Gill versus glass verdict replication plead the plaintiff  count upon a lease for year and rend reserve thereon and rend arrear and for  this debt he bring his action the defendant plead quoad the plaintiff nothing  to have in the say land at the time of the say demise the plaintiff Jenkins  reply quod to have and do not show what his estate be this plea be have and  the defendant may have demurrer to it but because be do not demurrer but join  issue upon it and this issue be find for the plaintiff the plaintiff have  judgement affirm in error for the verdict have make the plea good
case XCVII James mary York`s case die Cr annuity pur anns become facias rend  pur anns the king grant a annuity for forty year to b to be receive by the  hand of the receiver of the court of ware this be as a rentcharge and may be  sell by the sheriff upon a become facias of the good of b it be otherwise of a  annuity for year grant by a common person resolve in the court of ware by the  two chief justice and chief baron
case XCVII Yel SC Cr forcible entry restitution traverse a be indict upon the  statute of forcible entry and restitution be award a traverse it a venire  facias be award and distress with the nisi prius after which come a general  pardon which pardon the force the say trial shall be stay by all the judge of  England for the king will not proceed against his pardon
case XCVIII e e e a writ of annuity be bring against a parson who have aid of  the patron and ordinary this action be try and the plaintiff recover in it a  to know facias be bring against the successor of the parson for this annuity  be shall not have aid for the aid of the patron and ordinary be once have  before and it be in vain and to no purpose to grant it again and it will be  infinite for if it be grant now every successor must have it this case be four  time adjudge law nothing compose in vain Expedit republic ut sit Finis a  strife annuity be bring against a parson who pray in aid of the patron and  ordinary they be summon and make default and judgement be give against the  defendant upon trial of the action or upon confession or upon the default of  the parson after appearance neither he nor his successor shall ever afterward  have aid in a to know facias upon this judgement after judgement in annuity  once have a to know facias shall issue upon this judgement only for the  arrearage incur before and the plaintiff shall by this to know facias recover  the arrear incur pen the writ but if the annuity be Jenkins determine because  the to know facias be in the place of the writ of annuity although the arrear  be due before the to know facias be bring yet the to know facias noth not lie  but debt only at this day a parson patron and ordinary can it charge the  parsonage with any rend or annuity nor with any lease but such as be prescribe  by the statute make and Elizabeth in action personal judgement give against  the plaintiff upon any plea to bar the plaintiff be peremptory
case XCVIII h   b sir John Heydon`s case maintenance be bring against four  three plead not guilty the four justify say that he go to counsel learned in  the law to take advice for his servant in a suit which the plaintiff have  commence against the say servant the plaintiff reply that the defendant give  money to certain man for maintenance of the say suit upon this they be at  issue which be find against the plaintiff not guilty the other issue against  the former three be find with the plaintiff the plaintiff have judgement upon  this second issue although the trespass be suppose a joint trespass by the  original and the count and he be amerce for the other this judgement be affirm  in error for the plaintiff by his replication do not confess the trespass by  the four defendant to be commit several if he have acknowledge that the  judgement have be give erroneous where many be join defendant in trespass if  upon a joint plea or several plead plead by they a verdict find one of they  guilty and the other not guilty the plaintiff shall have judgement for such a  verdict in trespass in such case do not abate the writ for the trespass may be  several or it may be joint and the plaintiff do not confess anything contrary  to his writ a give money to b to distribute for a suit between c and d b do  not distribute it yet a be punishable in a action of maintenance if Jenkins b  have distribute it they have be both punishable in ante a praecipe quod To  give back against a servant the master can lie out his own money in this suit  but he may lie out the servant wage a master may expend his own money in  defence of his servant cause where debt or trespass be bring against the  servant because of the danger of lose his service Jenkins er p
case XCVIII h Covin   a farmer be case Elizabeth dyer tenant in tail  discontinue and die his heir within age a stranger by covin seize the  discontinuee and feoff the infant within age the infant be not remit although  he know nothing of the covin by all the judge of England Covin remitter dower    a   a   light b   a   a tenant in tail who have a wife make a feoff and die  the feoff be seize to the intent that the seize shall endow the wife this  dower be worth nothing because of the covin
case XCVIII James Cr merret versus smith hob count common bank ejectment in  ejection strong the course of the common plea be where the defendant appear to  count and after imparlance to make a second count by way of recital but the  first ought to contain the substance of the matter in the first count in this  case the lease be allege to be make that of march James and afterward the  ejectment the say James without mention the day of the ejectment the second  count mention the ejectment to be the march James and the ejection strong be  bring in the James the plaintiff have judgement affirm in error a certain day  of the ejectment be not necessary to be allege in the count it will serve to  say postea c
case XI above in false judgement it be assign for error that in the precept to  summon the plaintiff in error to appear in the inferior court no mention be  make before what justice the appearance ought to be yet judgement be give for  the plaintiff below and this judgement be affirm for when the defendant below  appear no mistake of the process to bring he to appear shall hurt the proceed  as if he be summon by a to know facias or a capias for a venire facias for  upon his appearance the process have its end and the plaintiff shall count  against he in praeparatoriis ad judgment to be favorable active who to be able  renunciari law pro see introduce a quare hinder against two at the pone the  sheriff return nothing as to one of they and say nothing of the other which be  a discontinuance of the process a distringa be award against both they appear  and plead to issue verdict be find for the plaintiff he have judgement this be  before any statute of Jeofails where a judgement be give upon a process by  default and there be no appearance the process ought to be accord to law but  if upon a verdict a miscontinuance shall not hurt at commonlaw for the  defendant have appear and judgement be give upon the verdict and the defendant  slip his advantage when he appear and plead to issue at this day if judgement  be give by default a discontinuance or miscontinuance before appearance be not  aid such judgement be reversible a discontinuance be Jenkins er p where the  continuance be make by undue process a discontinuance be where do continuance  be make at all Solennitates law are to watch
case XI I Cr James Cr rice case trial justice de peace a indictment of  barratry at the session of the peace may be try the same day of the indictment  find judge and affirm in error the barretor be fine and imprison Jenkins er p
case XI I e aid Le roy ring not consulted a assize be bring against a the king  farmer for divert a watercourse the tenant plead that this water run to  certain mill belong to the king by this suppose diversion and pray that non to  go before ring not consulted yet a assize be take for the wrong suppose in the  defendant and although the assize find this current as above yet the plaintiff  have judgement the king and his council for this Jenkins er p misbehaviour  misfait grievous punish these justice for where the king may have evident  damage no proceed ought to be ring not consulted it belong to the office of a  judge to preserve the king right
case XI p James Haverley versus Leighton b r Cr notice action sur Le case  penalty a upon a good consideration assume to b to pay he such sum as b shall  lend to c afterward b lend c c do not pay this b sue a upon the say assumpsit  before any notice give to he of this lend of the say to c it lie judge and  affirm in error upon a assumpsit to pay a sum upon the plaintiff return from  Rome to England there needs no notice the plaintiff be not bind to seek the  defendant see my repertory title notice hob where the duty accrue upon the  private act of the plaintiff there ought to be notice in assumpsit but not  where it be possible for the defendant to know it
case XI r Elizabeth dyer Elizabeth dyer action sur Le case Ayd Le roy a bring  a action upon the case against the bishop of Ely for claim the plaintiff to be  his villain and lie in wait to take he so that he dare not attend his business  the defendant plead that the plaintiff be his villain regardant to his manor  of dale and upon this they be at issue pen which the say manor be seize into  the king band for a offence commit by the bishop and upon this a writ be award  out of chancery that no proceed shall be ring not consulted for if a trial  shall pass for the plaintiff it may be evidence against the king by the judge  of both bench the king may grant his aid or ring not consulted in trespass and  ejection strong but a search can be grant only upon a petition of right
case XI two Elizabeth dyer h Br case dyer lease confirmation spiritual person  I Inst a Noy roll Abr roll Rep Leon the archbishop of Dublin have two dean and  chapter which make his chapter and lease make by the archbishop without the  confirmation of both ab antiquity do not bind the successor at commonlaw after  the h cap I the statute which give the pope power to the king one of those  chapter surrender their church and possession to the king and afterward the  archbishop make a lease which be confirm by the other chapter only this lease  shall bind the successor for by the say statute king h be able as the pope  have be to dissolve this dean and chapter and this he do by the acceptance of  their surrender dyer name five judge but not the chancellor   light a b a  resolve by the chancellor and some of the judge in the chancery at commonlaw  dean may pass the possession of the deanery with the confirmation of the  chapter only without the bishop the bishop can pass his possession without the  confirmation of the dean and chapter where a bishop have a dean and prebendary  the prebendary can alien the possession of his prebend without the  confirmation of bishop dean and chapter for in this case the bishop be patron  where the bishop be not patron and a parson or vicar make a lease for year the  confirmation of the patron and bishop be sufficient at commonlaw but at this  day the statute of Elizabeth and Elizabeth and James have alter all this and  none of they can by any method alien the inheritance of their possession but  they may make lease for year or life accord to the direction of the say  statute and of the statute of h Jenkins er p
case XI two h Keyleway office repugnancy faits   b   b   see c cap for  wardship c tenant in tail b knight service die his heir under age the donor  tender he marriage he refuse and marry elsewhere be still within age he die  have issue within age in ware the issue also die have issue the donor shall  have the double value for one and the single value for the other for the  statute of west be a special statute concern ware be not repeal by west which  be another special statute the word deed and feoff in the statute of west  which enact that by they a tenant in tail shall not prejudice the issue in  tail be not to be understand of the right of the superior lord tenant in tail  the remainder in fee he cess for two year the land shall be recover against  tenant in tail f n b for this reason videlicet the recovery of the land for  the cesser per biennium be give by a special statute a special statute do not  derogate from a special statute without express word of abrogation
case XII Elizabeth dyer pape praemunire   the preface c b the Elizabeth cap  prohibit book to be publish or print or utter within the kingdom which  maintain the supremacy of the pope within the king dominion the approver of  such book be within the say statute and the danger of it videlicet praemunire  by all the judge of England Jenkins this statute be not to be extend to public  bookseller who sell nor to those who read such book as Gregory de Valencia or  bellarmine or any other book which treat of the controversy of religion and do  not particular relate to the pope supremacy in the king dominion
case XII h e h Br case     a Mansers case by the judge of both bench plead  condition a be bind in a bind to b to save b harmless from a bind which b make  to c b sue a upon his bind a plead that he have save b harmless from the bind  which b make to c and do not show how this be judge a have plea non injure  have beed a good plea but where conservavi uninjured be the plea the manner of  discharge ought to be show a jury can judge of such uncertain general plead  the general issue of non injure be waive such a general plea and the issue  take upon it perplex the jury
case XII h Keyleway office repugnancy faits a office be find that the manor of  dale be hold of the king in capite as of the king manor of sale these last  word be void for they be repugnant to the former and this be a tenure in  capite and this office ought to be avoid by a traverse by all the judge of  England a release to b all action which b have against a this be a good  release to b and the other word be void e e dyer Keyleway Hobart  interpretation fiend be ut res to be strong
case XII James hob Cr Yel Cr Symond case trial visne in trespass the issue be  whether a certain place be parcel of the manor of StanstedHall in Windham and  the trial be de vicineto manor de StanstedHall in Windham adjudge good and  affirm in error good also in this case if of Windham
case XII r dally Fitzherbert estoppel a be bind to b in a obligation a be name  of dale without a addition b sue a upon this obligation a shall not be receive  to plead that there be OverDale and NetherDale and that there be no dale  without a addition for the Jenkins er p obligation be otherwise and he shall  not be receive to contradict his own deed but he shall be estopped by it by  the justice of both bench
case XIII Benl pl Elizabeth dyer Cr dyer winch dyer pl and more Inst b dally  pl   light b a patron of a advowson the church be void grant to b neighbor  presentationem to the say church jam to be empty ita quod liceat b here vice  ad dictam church presentare it be resolve by all the judge of England that  this grant be void be make by a subject for the present avoidance be a thing  in action and privity and vest in the person of the grantor and be like a  relief or arrear of rend or a obligation or a debt a presentation be only a  commendation of a clerk to the bishop to be admit to the church which be void  by all the judge of England a grant of the next avoidance make when the church  be void extend to the next after the present for the present be not the next  avoidance but be the present avoidance where a church be full and the patron  grant neighbor legal support to a and afterward grant neighbor legal support  of the same church to b the second grant be void if a grantee of a annuity in  fee grant a annuity for life or year it be good for this be a estate settle  and of continuance but a grant of the arrear of this annuity be void causan  how above cro part deny the case of h where a man seize of the advowson of a  church in fee and have a wife grant the three legal support of the say church  the grantee shall not have the four avoidance where the wife have the three  for her dower h bro case dyer
case XIII e Fitzherbert ass a tenant by knight service grant a rentcharge and  die his heir be within age the guardian shall not avoid this charge by all the  council nor at this day shall he avoid a lease for year or for life but if the  old son of a tenant by knight service be knight service abolish by c ch h bro  case bind a apprentice and the father die his heir be within age the lord  shall have he from his master to instruct he in feat of arm and this be for  the good of the public no one ex of one another incommode debet to make rich
case XIII e r Fitzherbert nonsuit in a assize the tenant plead and make a  title at large the plaintiff make title by the seize of his father and his die  seize and the descent to he and upon this title the assize be take and the  recognitors find for the tenant the justice of assize doubt upon this matter  and therefore after verdict and before judgement they adjourn this assize to  Westminster and there the plaintiff be demand do not appear the justice give  judgement upon the verdict and not upon the nonsuit and this be adjudge well  do by all the judge r nonsuit the statute have settle this point no nonsuit  can be after verdict but at this day upon demurrer there may be at any day  when the plaintiff be demandable if he be call he may be nonsuit h bro case h  e h
case XIII h h h maintenance Br maintenance be bring in a appeal of mayhem sue  by a against the defendant servant the writ of maintenance be in speech de  mayhem and not in draw aside and yet adjudge good the plaintiff count against  the defendant that the defendant maintain the suit in the say appeal issue be  join upon this and it be find that the defendant give b a certain sum of money  to distribute among the juror who Jenkins er p be to pass upon the trial of  the mayhem but it be also find that b do not distribute any money the  plaintiff have ante judgement which be affirm in error the defendant eye be  evil for his delivery of the money to b for that purpose be maintenance though  b do not deliver it over to the juror
case XIII h Keyleway by all the judge pardon relation nuisance wardship the  king pardon of all offence and misdeed contra form whoever statutor extendsto  the offence of enclosure against the statute of h but it do not extend to the  continuance of the enclosure after the say pardon as of a nuisance a pardon of  a nuisance do not extend to the continuance of the nuisance after the pardon  for this continuance be a new nuisance as the enclosure be for this be a  depopulation continue the heir of the king tenant within age enter and take  the profit the king pardon he all intrusion this shall serve he for intrusion  and mesne profit until office find but notfor the issue afterward neither do  it discharge he of livery if be be of full age when he so intrude and obtain a  pardon of all intrusion before office find this discharge he of the intrusion  mesne rate and livery dyer Princeps kindness it was becoming be to chew
case XIII James   b Lovedays case venire facias nisi prius repleader usury a  information upon the statute of usury the defendant plead nil debet the jury  find a usurious receipt but do not find any loan a new venire facias shall be  award and not a now nisi prius for upon writ where the juror be not returnable  at the first day as they be in assize mortdancestor law utrum attaint  certificate of assize they be returnable by venire facias after issue join  which be the return in this case and the jury be discharge and where a jury be  discharge it can be recharge Fr Sans but there must be a new venire facias  W0here a issue be join and the verdict be imperfect a new venire facias shall  be award where a issue be misjoined a repleader shall be award and it shall  Jenkins er p begin where the first fault be in mortdancestor attaint law utrum  assize certificate of assize the juror may be reassemble after verdict before  judgement or after judgement by certificate this certificate be not a new  process but be as the original where there be not a loan but only a promise of  loan and use be receive it be not usury accord to the statute in force but  only a breach of promise h cap give a information upon the receipt where there  be a loan but not without a receipt Elizabeth c make the contract void upon a  usurious loan although there be no receipt
case XIV   r prerogative Ireland information the statute of England do not  bind the land or good of the people of Ireland but they bind their person as  the stat of h c that none shall transport any merchandise beyond sea except to  Calais it bind all the subject of Ireland and other transport of sheep be make  felony by Elizabeth cap for the second offence   b   b a statute the king may  licence this sort of transportation with a non to stand before to some place  to cause to stand for it be not malum in see and be not felony at commonlaw in  popular action where the informer have begin his suit the king pardon before  the seizure or information discharge the offence but not afterward as to the  part of the informer by all the judge of England the statute of England which  express name Ireland bind they and their land and good as the statute of York  make e and the e de trader and other
case XIV f n b e hill sect the king have right to a manor in the isle of  garnsey which a hold a commission issue out of the chancery to inquire of this  if it be so find the king shall be put in possession of it without a original  writ judgement affirm in error
case XIV h the duke of Norfolk case die a   a sir George Reynells case Stamf  office feiture I salk the king grant the office of the Marshalsea to the duke  of Norfolk in fee with power by the same patent to grant it to another for  life the duke make a grant of it to b for life which be bring by the duke  attorney into the king bench and there enrol at the instance of say attorney  and b be there swear to exercise the office duly the grantee videlicet the  duke without special word can make a deputy though he have power to make a  deputy be can do it without a deed a misuser of this office by the grantee for  life be Jenkins a forfeiture of the fee of the say office it be the same law  if the deputy suffer a voluntary escape of one in execution for debt or damage  it be a forfeiture of the say office and the law be the game if there be many  negligent escape a officer of record can be displace without record if such  grantee for life or his deputy be not able to satisfy for the escape of one in  execution for debt or damage to answer superior if a gaoler suffer a voluntary  escape of a felon it be felony in he alone and not in his superior for the  negligent escape of a felon if he be attaint the fine be if not attaint S to  be levy on the say patentee in the case of a sheriff where his gaoler suffer a  escape this forfeiture be to be levy upon he and his gaoler be answerable to  he for it
case XIV James   a the earl of Rutland case b r the king grant duty jailer  acquire de dale pannagium herbagium the same to b for life and the king recite  this patent to b by another patent grant dictum duty panag herbag to c for  life and it be not mention in the second patent when this second patent shall  take effect resolve by all the judge of England that this be a good grant for  although a grant of the reversion of the office be void because there be no  reversion of it yet the grant of a office to have it after the death of  another be good in the case of the king and of a subject as it be in the  principal case in effect by the say recital the king patent of land a to a and  his heir habendum to he and his assign be a good patent and passes a feesimple  pannage be pasture a tame swine and the seize of it may he have by suffer a  horse in the park so where rend be recover the sheriff may put the recover in  possession by any other thing beside the rend but not in case of a purchase of  rend there the seize of it be to he have only in to appropriate noble birth  the defendant have a action of battery against the sheriff at the time of make  the array this be a principal challenge ass pl h a seize by the pasture of a  horse maintain the assize in the principal case in praeparatoriis ad judgment  to be favorable active law no one service uneven Princeps kindness it was  becoming be to chew
case XIV James vent Cr Cr cro Garawayes case extent palmer case   a extent  make by the sheriff ought to be by inquisition and return by he otherwise it  be void and do not give any title to the plaintiff although the sheriff upon  it deliver he the land judge and affirm in error for otherwise non constat  when the extent shall end
case XL   SC mich James Primislaus case against the admiralty b r prohibition  the admiral in his patent have grant to he good piratar resolve by all the  judge that the good of pirate pass by this grant and not piratical good so  where a grant be de good felon if a felon steal good the grantee shall not  have they but the true and rightful owner shall and the patentee shall have  only the proper good of the felon the king shall have piratical good if the  owner be not know in this case the admiral ought to sue at commonlaw and not  in the admiralty court
case XL die pl Benl pl mark dower bar   Vernon case dower bar jointure land be  give to husband and wife and to the heir male of their two body this be a bar  to the dower of the wife if it be so give before marriage for a jointure but  if after marriage it be no bar if she wave it by not enter into it or disclaim  before she bring her writ of dower for although this estate be not mention in  the statute which make this law videlicet h cap yet great estate as fee and  fee tail general and lesser estate as for life be mention to be jointure to  bar dower by all the judge although a estate convey to the wife for her life  be not mention to be a jointure yet it may be aver to be so all things majus  minus in see to clasp the example be mention in the say statute not to exclude  other estate but to give a few instance of the estate within the say statute
case XL e addition utlary parliament disposition exposition de parols in all  action where process of outlawry lie the name and surname of the defendant and  the addition of his quality or trade and the place of his habitation then or  late ought to be in the original writ otherwise the writ shall abate and a  outlawry upon such faulty writ be reversible and the addition ought to be as  above before a alias speech for the alias speech be only reputation and be not  the truth by the justice of both bench
case XL h privilege execution bail procedendo habeas corpus when any one be  arrest in a inferior court come to Westminster upon a suit bring for he or  against he he shall have the privilege to be discharge from the suit below but  this ought to appear by the examination of the party and not otherwise and if  upon a habeas corpus return the prisoner be not in court to be examine a  procedendo shall be award by all the judge if the defendant be in execution in  a inferior court although he have cause of privilege and the privilege be in  be at the time of the execution and the writ of privilege deliver before it be  shall be discharge but if the writ of privilege be not deliver before the  execution in this case the execution shall not be avoid where privilege be  allow and bail find and file the same term the bail in the inferior court be  determine whereupon the habeas corpus privilege be not allow procedendo shall  be award and the bail in the inferior court remain upon writ of privilege  allow new bail shall be find for the defendant in the common plea and a  original writ shall be file there against he and a bill of Middlesex in the  king bench if the privilege be allow there cro James and James Bulst
case XL hob James hob Cr mile versus Jacob action sur Le case count judgement  reverse cost a bring a action on the case against b for two cause one for word  speak of a by b thou have poison S smith innuendo Samuel smith late decease  the other because that the say b false and malicious prefer a bill of  indictment against he that be malicious and know give poison to same smith who  die thereof upon which a be arraign and acquit the defendant plead not guilty  the jury find for the plaintiff and assess damage for both several and entire  cost the plaintiff have judgement for the whole reverse in the exchequer for  the word for the death of smith be not certain allege by theindictment and  acquittal thereupon these several damage and entire cost be adjudge well give  and judgement be affirm for these damage and cost note a judgement reverse in  part and affirm in part Jenkins er p
case xli Cr e h Elizabeth dyer error in parliament lie upon a judgement give  in the king bench but before it be obtain a petition ought to be make to the  king for the judgement be before the king and upon this the chief justice of  the king bench shall cause a transcript of the record to be engross in  parchment and shall carry it to the lord and there the transcript shall be  examine with the record and afterward the chief justice shall bring back the  record to the king bench the plaintiff who bring the writ of error if he be in  execution shall not be deliver by mainprize if the parliament be not dissolve  before the error be discuss but if he be not in execution a supersedeas shall  issue and upon affirmance of the judgement the execution shall issue out of  the king bench the commons in parliament have nothing to do to affirm or  disaffirm a judgement e post a writ of error lie in the king bench in England  upon a judgement in the king bench in Ireland not the record but the  transcript only shall be remove in this case and a supersedeas shall not be  award to stay execution yet execution shall be stay in Ireland for a false  judgement in Wales no supersedeas be grantable so the statute of and of h chap  ordain it be a statute make on purpose for Wales by all the justice in the  exchequerchamber law no one service uneven
case xli Tr James Miric versus smith rot Cr hob nugation in ejectment in the  common plea where two declaration be use the second be by way of recital in  the first declaration the day of the ejectment be omit but not so in the  second yet well if a lease be make I fever James and so lie and quod postea I  fever James the ejectment be this be good and James void and the word postea  guide all and agree with the lease judge and affirm in error balance non  nocent if the first declaration in the common plea be vicious and the second  be as it ought to be the first be not amendable in this case for the first  declaration be the foundation and the second be only by way of recital
case XLII   light b e Br case h h dyer   b the saddler case petition traverse  monstrance de law the king be entitle to land by double matter of record as by  attainder and office the king grant this land to a at commonlaw he who have  right to this land have no remedy but by petition to the king to which  petition it be requisite in this case that a office be find for the partly and  that there be a to know facias to the Jenkins er p patentee and a interpleader  with he by these mean to avoid a double matter of record by a double matter of  record at this day by the statute of e ch a monstrance de law or a traverse  with a to know facias against the patentee will serve as the case require by  all the judge in the exchequerchamber nothing tam natural how quidlibet to  take apart eastern modus quo bookbinding
case XLII dally pl mark dyer h cap h dyer patent   a supremum caput church  England be omit in the writ of summons of parliament by queen mary resolve by  all the judge of England that the writ be good for it be not part of the name  of the queen but only ail addition the word king comprehend all the attribute  and dignity of the king and the king be defensor trust in his kingdom before  the say statute as appear by the say statute a duke marquis earl viscount may  be sue by the say name and a baron by the name of dominus not by the name of  baron for there be baron of London baron of the cinque port and baron of the  exchequer judge bishop baronet knight be all name of dignity writ bring for  they or against they ought to name they so if a duke marquis c be a knight it  be sufficient to name he duke c for this great dignity comprehend in it the  knight a grant make to they ought to be by these name of dignity for the  dignity be parcel of their name the name king surmount all addition in the  king grant his Christian name with the word king be sufficient see Cassaneuss  catalogue de glory clean
case XLII Elizabeth I   b Alton wood case patent grant more and Jones hob the  king seize of a manor in tail remainder to his right heir grant this manor by  patent to a in fee this patent be void for the king intend to pass one entire  estate in fee and not by fraction for the king life and afterward to be make  void by the successor heir in tail and afterward to be revive again where the  king die without issue by all the judge of England this be a bare case where  the king be not deceive in the consideration nor in the essence of the estate  and where the king have no prejudice but the possible prejudice be to the  patentee the king patent ought not to be avoid this grant be good in the case  of a common person Princeps kindness it was becoming be to chew it be for the  king honour to maintain his patent and it be a dishonour to he to avoid they  by too nice and subtle construction and frequent it be to the grievous loss of  the patentee
case XLII h f n b Elizabeth dyer office livery tenant per Le courtesy below a  woman who be the king tenant in capite take husband and have issue by he the  husband be tenant by courtesy and be the king tenant and shall hold this land  without any surety to the king or livery and after his death a office of all  this matter shall serve the heir to have his livery by all the judge of  England
case XLII h h h ch Br appeal dyer Stamf Kely Carth   a count Br appeal in case  of a principal and accessary in murder the principal be attaint upon a  indictment at the suit of the king and outlaw thereupon this attainder will  not serve in a appeal to arraign the accessary the principal ought to be  attaint upon a appeal before the accessary shall be arraign upon a appeal a  attainder at the king suit at commonlaw do not bar a appeal if it be bring  before the attainder but if bring after the attainder it be otherwise but now  by the stat h ch neither a attainder nor acquittal at the suit of the king bar  a appeal for murder if clergy be not have other felony remain at the commonlaw  at this day a appeal suspend the proceed for murder at the suit of the king  until the appeal be determine
case XLII hob Curtices case hob a melius to seek after issue upon a office  find army short catalog de mandamus the say melius to seek after ought not to  restrain the inquiry to any tenure although it be of the king but shall leave  the inquiry without any restriction the want of the word in person escheator  in the writ of mandamus do not vitiate it for the writ of mandamus ought to be  before the escheator and can be otherwise
case XLII James hob Cowndons case a seize of land in fee have a son and  daughter and brother devise his land to his son and if he die without issue  devise the land to the right heir male of his name and blood to be divide  partlike for ever a die the son die without issue the daughter shall have this  land and not the uncle for the right heir male who be the devisee in this case  ought to be a purchaser and ought to be heir male and the brother be male but  he be not heir and this be a new form of inheritance if the brother shall have  this land and shall have a daughter who have a son in the life of his  grandfather or afterward the fee upon the death of the grandfather shall be in  abeiance during the life of the daughter if this estate shall be allow judge  and affirm in error a devise his land to his right heir male have only a  daughter this devise be void causan how above for such devisee be a purchaser  otherwise if a devise by a to b and his heir male and a die and afterward b  there be a entail vest in b
case XLII mich James Oddington versus Dorly error b r amendment nugation  ejection strong against two the declaration mention that they to go into into  the farm and that they to drive out ind in the singular number the plaintiff  judge amendable affirm in error but where in ejectment or trespass way arms be  omit it and car cap alter this point be not amendable for the king be to have  a fine upon the force be find error to scratch mocere non debet Jenkins er p
case XLIII ass pl ass cro car c hob a feme covert commit a trespass way arms  trespass be bring against the baron and feme the writ be that both commit the  trespass upon not guilty plead the jury find the woman guilty and the husband  not guilty the book be that the wife shall be imprison and the husband not and  that the plaintiff shall not be amerce pro falsely warcry against the husband  for there be no other form in the register the judgement in this case shall be  that both to take in hand for the husband alone pay the fine and imprisonment  be only till the fine be pay so in trespass commit by a feme covert only  without way arms both shall be amerce by the justice of both bench
case XLIII h h plead judgement double plea there be two plaintiff in a assize  against a a plead against one of they that he be never seize so that he may be  seize this he plead to the writ this doctrine have be explode ever since our  author time and in his day cause unspeakable mischief to these kingdom Vaugh  post Ant Jenkins er p and plead over that he be not seize by a a plead in bar  against the other plaintiff upon which issue be join and both the issue be  find against the plaintiff and judgement give quod to express grief nil to  take in hand per breve upon this error be bring and the assignment of error be  that the judgement ought to be that one of the plaintiff aforesaid nil to take  in hand by his writ and that the other shall be bar judgement be affirm for  the say word of the judgement quod to express grief nil to take in hand per  breve suum relate to the subject matter judge non to hold to press out causan  opinion of oneself double or Triple plead be Allowable in a assize of novel  seize mordancestor law utrum attaint or certificate of assize which have jury  returnable on the first day before any plea plead for these be swift to heal  but double plead be not Allowable in other action for there be a original writ  count plea and issue and upon this a venire facias c and a trial
case XLIII h patent pardon non to stand before in case of the king patent with  non to stand before for the shrievalty of any county Jenkins er p in fee tail  or for life or for the exportation of wool or for homicide although there be  statute which ordain such patent to be void yet with a clause of non to stand  before they be good and to be allow and although the statute say that such  patent shall be void although they have a clause with non to stand before yet  a patent of such thing with word of non to stand before any clause derogate  from the non to stand before will make the patent good the reason of the law  be the king by his royalty be trust with the government pardon and public  business particular case may happen which deserve remission upon consideration  of circumstance Ry all the judge in the exchequerchamber a pardon of murder by  that name be not use but a pardon de in every way feloniis in every way  homicide with a non to stand before will serve for murder the king never grant  a pardon of murder without speak with or a certificate from the judge before  who it be examine nor noth he grant it but where they think the case have  circumstance which deserve mercy king quod be unjust to make non to be able
case XLIII I mark dyer grant h extinguishment Perkins suspension nonability  dyer b a be bind in a recognizance of to the king he be attaint of treason the  king pardon he and restore to he all his good and chattel which he forfeit by  the attainder this debt to the king remain for it be only suspend by the  delinquency of a by all the judge of England in the king grant this  recognizance be not give by the word good and chattel it ought to be special  mention it be not a part of the good and chattel of a but of the king No man  shall take advantage by his own wrong a man attaint of felony may be sue for  debt or trespass during the attainder Elizabeth banister case note the book of  entry e e e Fitzherbert title voucher a man attaint can vouch if he shall be  allow to vouch he will be admit to be a plaintiff or actor whereas he be  disable to sue
case XLIII James hob Holmes versus twist cro notice proof recusant SC hob see  makin v watkinson lr ex a sell a tun of woad to b for as much as a shall sell  any other tun of woad for to any other person before such a day before that  day a sell another tun of woad to c for and bring a action against b for  without give he notice of the sale to c by the judge of both bench the action  do not lie for this sale be private in the private knowledge of the plaintiff  and if he have give notice of it cost of suit will have be spare on a  obligation or assumpsit to stand to the arbitrement of any one there be no  occasion for notice for the arbitrator be a judge see my repertory title  notice there be occasion for it where the debt arise upon private notice a  assumpsit to pay I upon proof in this case proof will serve the Elizabeth  impose a month upon every person refuse to repair to the service establish in  the church a information may be maintain upon this statute before conviction  for there may be a conviction upon the information Jenkins where the duty  accrue upon the private knowledge of the obligor and upon his own act as  marriage or return from Rome or any open public act there need not be notice  before suit for the obligee be not bind to seek the obligor to give he notice  where the duty rise upon the secret knowledge of the obligee and his act as in  the principal case whether it be upon a assumpsit or bind a suit do not lie  without notice
case XLIV   light b hob e mich rot Br office   b dyer mark   the earl of devon  case office grant nonability the king grant of a office which require skill as  in the common plea or king bench to a unskilful man be void even though it be  make to he and his assign a grant of a office of skill to a infant to be  exercise in present time be void but if in going to be and that he be of full  age and expert when the office be to be exercise the grant be good the bishop  of Rochester grant the office of register there to a for life and after the  death of a to b a infant at the time of the death of a b be become of full age  and be expert be capable of the office this grant be good the bishop of  Rochester case James
case XLIV e amendment trespass be bring against W pain the exigent be against  W pine he render himself at the exigent and plead not guilty and be find  guilty in the common plea and judgement be give against W pine whereas his  name be W pain the defendant bring error in the king bench for this misnomer  the record of the original writ in the common plea be against W pain judgement  be affirm and the name amend for it be the fault of the clerk note judgement  amend Jenkins er p the mistake of a clerk be amendable in another court upon a  writ of error a discontinuance or miscontinuance at commonlaw reverse a  judgement give by default and a discontinuance upon a demurrer be cause to  reverse a judgement but so be not a miscontinuance after appearance at this  day a verdict aid a discontinuance by the statute of Jeofails fault clergyman  mocere non debet
case XLIV Elizabeth   a sir Julius winnington case a seize of land make a  feoff thereof to b upon condition to convey it to a for life remainder to the  old son of a in fee a take the profit and make a lease of the land to c for  year and yet continue the possession in himself b acknowledge a statute to a  stranger the year expire a make a feoff of this land with warranty to his  second son b enter in the life of a and feoff the elder son this feoff be good  and lawful so adjudge and affirm in error resolve saint that a s take the  profit and make a lease for year be a seize to b and suspend the condition  that in this case a use do not result to a for life remainder in fee to his  old son if that shall be so the statute of use will vest the estate and b can  not make a lease for life to the father remainder in fee to the old son a  feoff upon condition to reinfeoff be seize during the seize the feoff  acknowledge a statute the land during the seize be not liable to this statute  and it be no breach of the condition when the father be a seize make a feoff  with warranty he extinguish the condition and bs entry in the life of a avoid  the estate and the warranty beneficiary and use at commonlaw or beneficiary  and trust at this day take the profit it be not a seize for the feoff agree to  be silent and in the principal case there be neither use nor trust but a  estate pass upon condition
case XLIV h by all the judge a have a suit against b in the common plea and  afterward b be arrest in a inferior court when he be not come to or return  from the defence of this suit he shall not have privilege
case XLIV hob lamb case cro James roll the venire facias be return by two  coroner and the distringa by three where there be four coroner after verdict  this be aid by the statute of Jeofails judge and affirm in error
case XLIV James I side sty vent Jo Carth keb hob Platts case in the king bench  bail be enter the last day of term and the bill file the first or any other  day of the term it be sufficient by the course of the court although in  strictness of law the law take conusance of the defendant be in custody only  Jenkins er p upon the bail be enter and that he be deliver by the marshal upon  bail after the bail enter he be not in custody of the marshal and yet after  the bail and before the bail where bail be find the court suppose he in  custody by the course of the court affirm in error croak for bail relate to  the first day of term the course of the court in the court of Westminster make  the law the entry of the admission of a guardian for a infant make  continuances after a writ of enquiry of damage award although the court at  Westminster differ in these point yet every court at Westminster be bind by  the law to allow the course of every other court there rawlins case   and sir  John Heydons case   in the king bench after a year after judgement there must  be two to know facias where a nothing be return before execution shall be  award but in the common plea one will serve in this case
case XLIV Yel mich James rot b r Wheeler versus sockman prescription visne in  replevin in the common plea the issue be whether the defendant have pasture by  prescription in Langley wood in Whitefarm in parochian de white except the  common of the inhabitant of Downton the trial be from white only and not from  white and Downton judge good and affirm in error for this exception be void  the inhabitant can have common but if a person certain of Downton have be name  in the exception it have be otherwise for the visne ought to be as large as  the issue if the issue extend to two place in the same county the visne shall  be of both if to two place in two county the visne shall be of both county if  the county can join James cro James c
case XLIX e Cr mark dyer jurisdiction starchamber parliament I   b palm   a  blow   a act of parliament not print ordain that the quartersession to be hold  for the county of anglesea shall be hold at Beaumarrice in that county and not  elsewhere indictment of felony be find at Newburgh in the say county against  several person at a quartersession hold there after the say act the justice of  peace proceed to take the say indictment although the say act be show to they  exemplify under the great seal before the indictment be find resolve for law  by all the judge that these indictment be void by reason of the say negative  word and this offence be complain of in the starchamber every one of those  justice of peace be fine note the moderation of that age in set fine in that  court the h cap have negative word that dispensation for benefice shall be  grant by the archbishop of Canterbury and not otherwise yet the king power be  not exclude for by those negative word it be only intend to exclude all papal  dispensation affirmative word in a statute do not take away the commonlaw the  justice of peace may bold theirquartersessions where they think fit in the  county if they be not restrain as above h
case XLIX e Fitzherbert assize judge association a writ of to send to in  association be direct to the justice of assize a show this writ of to send to  in association to they but do not show the patent by which he be make justice  in this case both ought to be show to the justice of assize by all the judge  in the exchequerchamber Jenkins er p the judge of the king bench and common  plea and the baron of the exchequer be make by patent in which the word to put  be use the chief justice of the king bench be constitute only by writ
case XLIX h bar error attaint a bring trespass against b b plead not guilty  the plaintiff have a verdict and judgement for the trespass b bring a action  of trespass against a in the king bench a plead not guilty it be find for b  and b have judgement b bring a writ of error in the king bench upon the first  judgement in the common plea upon this record remove into the king bench it  appear that both judgement be for the same trespass yet this be not sufficient  to reverse the say judgement in the common plea for perhaps the last verdict  in the king bench be false b be put to his attaint upon the verdict in the  common plea and a for the verdict in the king bench action who it svan way see  non niscent a may have plead in the king bench the say judgement in the common  plea against b so in a ejection strong for the same land the latter ejectment  between the same party shall be bar upon a verdict and judgement for the  former ejectment by the judge of both bench
case XLIX h e   Bulwars case dyer principal and accessary indictment in a  appeal of murder where the fact be commit in Essex and the accessary before  the fact be in another county the appeal shall be bring where the fact be  commit and the trial shall be by both county where they can join but where  they can not join the trial of the accessary fail at the commonlaw but now by  the statute of e ch the appeal shall be bring where the murder be commit  against the principal and accessary although their crime be commit in several  county in a appeal of robbery or other felony where the county can join the  appeal against the accessary fail for the say statute do not extend to it by  this statute in the case of a indictment the accessary to alley felony may be  indict in the county where he be accessary although the principal commit the  fact in another county
case XLIX hob Herendens case the testator promise for his debt and the  executor promise for his own debt can be join in one action against the  executor for they require different judgement
case XLIX James poor tax who derogant common Legi latan interpretation non to  have upon the statute of Elizabeth for relief for the poor of the parish the  occupier of land and inhabitant there ought to be tax have regard only to the  estate real or personal which they have there and not elsewhere lessors be not  to be tax for their rend if they be not inhabitant there and then rend arise  there by all the judge of England the reason be the inhabitant only videlicet  the parishioner be to be tax by be statute and not lessors have land elsewhere  the parishioner by intendment of law can have knowledge of estate in other  parish
case XLV   b h r examination error trial the defendant in a assize plead not  attach by day this plea be proper triable by the examination of the sheriff  bailiff if he be present if he be absent it shall be try by the assize and the  trial be so in the absence of the bailiff and a judgement give upon it against  the plaintiff be affirm in error quod be relative be to be for sale assisa be  hasty remedy
case XLV   b Yel James b r rot Holman versus Kaerwithy action sur Le case in  Scaccario dyer action de trover traverse property every issue shall be join  upon a thing material a bring trover and conversion against b b plead property  in c and a sale make to he of the good by c and so justify the conversion and  do not traverse the property which a allege in himself the plea be have he  ought to traverse that property in a by all the judge in the exchequerchamber  for this property in a as b have plead be the material thing in the count and  issue ought to be join upon the most material thing allege in the declaration  or bar h h h h e
case XLV Cr e by all the judge of England a writ of deceit will lie where a  sheriff false return a summons west cap give the averment not summon accord to  the law of the land articuli super chart cap give the averment in a assize not  attach by fifteen day and the statute of the e cap where the tenant vouch and  the sheriff return the vouchee summon where in truth he be dead and there be  no such person give a averment against such return the judgement in this case  be by the word concession and that the plaintiff shall be restore to his land  but not to the issue take in the mean time for the king have those upon the  grand cape and that the sheriff and the tenant to take in hand Jenkins where  land be lose by a to know facias without warning the tenant be shall be  restore to the land and the mean profit at this day by the statute of t  Elizabeth cap no grand cape shall issue without a summons and proclamation  make as the statute require and at this day no seizure be make for the king  upon the grand cape but there be a general allegation of it in the sheriff  return the word in a judgement ought to be to look at closely be and not  concession be otherwise it be error so judge upon a writ of error solemnitates  law are to watch Jenkins er p
case XLV James hob Humberton versus Howgill plead non be factum Covin issue  judgement a have judgement against b upon a to know facias upon this judgement  against the tertenants die judgment return well postea direct to the sheriff  he return c tenant die judgment return of the land which b have die judgment  return c appear and plead bs feoff to he of the say land before the say  judgement and that by force of it c be seize of the say land and not b issue  be join upon this videlicet whether the seize of b or c and the jury find a  special verdict that b make a feoff of this land to c before the judgement but  that it be covinous to defraud the execution of the say judgement the  plaintiff have judgement affirm in error for as to a creditor the seize remain  in b die judgment return but not as between b and c it will have be otherwise  if the issue have be upon the feoff for there be a feoff such as it be affirm  in error non be factum can be plead upon the statute of usury nor upon the  statute of the h where the sheriff upon a obligation take by he do not Fr  perform pursue the form prescribe by the say statute for they be deed such as  they be so of the feoff in the principal case
case XLV mark Br case f n b Inst cap heresy I Inst a doctor and student  dialogue r Fitzherbert trial a heretic convict if he will not abjure the  heresy or if be abjure and relapse shall be put to death at commonlaw by the  writ of heretic to burn up the commonlaw ordain this writ to be direct to the  sheriff upon the bishop certificate of such conviction as aforesaid and so it  be put in use in my time in the case of legate a arrian by all the judge of  England such heretic shall be burn opinion condemned by scripture or the four  first general council videlicet of nice Ephesus Constantinople and Chalcedon  shall be account heresy it be so enact by Elizabeth cap see the twelve part of  Lord coke report publish in his name foe for this matter of heresy it be a  book publish since his death see also the four part of his institute title  heresy and Briton cap that burn be the punishment of a heretic at commonlaw  and therefore the discourse in the twelve report be of no effect for the  statute there mention be only affirmative statute which do not take away the  commonlaw and this book in this place have several misrecitals omission and  contradiction
case XLVI e Stamf Ve no br a recover against b in a praecipe quod To give back  by default the writ of deceit in this case be judicial and issue out of the  common plea and the process be attachment and distress infinite and be mention  in the writ and in this case a and the sheriff and the summoner and veiors be  make party by this writ that be he who be sheriff and make the return of the  summons which by the writ of deceit be allege to be false if the present  sheriff do this deceit the writ of deceit aforesaid shall be direct to the  coroner the sheriff in this case for summoner return c d de dale yeoman  summonitores the tenant shall have a averment against this return that there  be in dale yeoman two c s and D `s c and d name in the sheriff return to b the  summoner be the elder and other c and d the young by which the sheriff have  return the say false summons to be make this issue which of they be return by  the sheriff and whether they be the summoner return by the sheriff or not  shall not be try by the country but by the examination of the judge as infancy  upon a writ of error to reverse a fine levy by he during his nonage this  nonage shall be try by inspection and the examination of the judge and not  otherwise
case XLVI h   a Diem to shut extremum officer guard after a they to shut  extremum a second they to shut extremum shall not issue for the same person  but it may be for another person but not for the same person at this day to  avoid infinity by all the judge infinitum in jure reprobator   Kenns case h f  n b dyer the e cap ordain that if by a false office after the death of the  king tenant a be find heir to he where in truth b be heir b upon another  office find that he be heir may traverse the first office but not before a  office find for b if above c cap render this law obsolete hob after the death  of a woman who be the king tenant a office find a tenancy by the courtesy and  also find the heir after the death of tenant by the courtesy this office serve  the heir to have his livery at commonlaw
case XLVI mich James print versus Hicks b r annuity count balance non nocent a  grant a rentcharge in fee to b b bring annuity upon this grant and count of  this grant as of a rentcharge and conclude that by force of it he be seisitus  of it in his demesne as of fee this conclusion mistake the law and be nugatory  but do not make the count vicious for the writ of annuity and the count in it  be of rend as rend for the annuity and the receipt of the annuity be mainoral  and quasi in demesne judge and affirm in error many precedent be accord cro f  n b dyer
case XLVI two h   light a f n b h pl Fitzherbert bar Littl lib ch Littl sacred  scripture grand sergeant a tenant by grand sergeant shall not pay a reasonable  aid to make the king son a knight nor to marry the king daughter nor escuage  if the heir of such tenant be of full age be shall pay for relief one year  value of his land if he be within age he shall be in ware for body and land  for west ch mention aid only for land hold by knight service and in socage by  all the judge of England
case XLVII e e e Elizabeth dyer appeal return de viscount averment upon a  summons or attachment against the defendant in debt or trespass if the sheriff  return nothing to have nec be invention the defendant can appear for he be at  no loss be may appear upon a return where issue be to be lose or where he be  to be imprison or his land to be lose or his life concern in a praecipe quod  To give back the sheriff return the tenant dead the demandant by the equity of  the statute of e cap may aver his life so of the life of a vouchee by the say  statute upon a indictment of death upon process upon this indictment direct to  the sheriff the sheriff return the party outlaw the prisoner shall have a  averment that he render himself at the five countycourt in a appeal of death  the sheriff return tarde yet the defendant may appear I e Elizabeth dyer  Elizabeth Howell case dyer in appeal
case XLVII Elizabeth Lord lumley case holland case patent exposition de parols  cro car the king grant to the earl of Arundel and his heir ex agreeableness  specific certan knowledge mero movement in all respects good catalla felon  felon de see wipe on de pro Jenkins er p power de felon utlagator in to drive  out positor man to sew integre to hold non integre to hold residence non  residence de in omnibus manor haereditamentis speech conit the say earl be  seize in fee of the hundred of pale in the county of Sussex b hold a tenancy  in fee within the say hundred of the say earl as of his person b be attaint of  treason commit by he in the county of Hereford and have a lease for year and  good within the say hundred of pale and elsewhere where the earl have not any  hereditament resolve by all the judge of England that the Lord Lumley who have  the estate of the earl of Arundel shall by force of the say patent have the  say tenancy lease and good the word de shall be construe and relate to any  tenure of the person or of any manor of the earl the word in relate to good  the word de to tenancies which be hold of the earl be the tenant resident or  nonresident this be a good precedent to construe kindness Princeps quod it was  becoming be to chew the word in a patent ex certan knowledge not general  agreeableness mero movement make the case of the king like the case of the  grant of one subject to another if the king be not evident deceive
case XLVII h Stamf coroner Elizabeth cap dyer h cap the king coiner of gold or  silver in the king mint be traitor if they make the coin contrary to the king  order for weight and allay utter of   coin know it to be   be misprision of  treason it be not treason the coiner be the maker actor and worker of it at  this day coiner clipper and washer be all traitor by all the judge Jenkins er  p he who commit misprision of treason forfeit all his good and chattel and the  profit of his land during his life
case XLVII James Cr hob Nicholas versus Raynbred action sur Le case  consideration averment a sell a cow to b for and assume to deliver her to he  at a certain day at Jenkins er p the same time b assume to a to pay he for the  say cow at the say day a bring a assumpsit for the not pay and do not aver the  delivery of the cow it need not be aver but the writ ought to aver the mutual  assumpsit for they be reciprocal assumpsits and such mutual assumpsits be a  good consideration and each of they have a remedy against the other one for  the cow and other for the judge in both court so in a assumpsit make by a  servant for his service and by his master for his salary where there be such  mutual assumpsits or covenant by one indenture of one to serve and of the  other to pay the salary but such mutual assumpsits ought to be make at the  same time for they make the consideration and the consideration and the  promise always ought to be together otherwise it be naked bargain
case XLVII Lord Ferrer case h by all the judge in the chancery patent to know  facias livery issue the king give to a a manor in tail to hold of the king by  knight service a die his heir within age after office find for this and other  land the heir die without sue any livery have a son who afterward become of  full age the king continue Jenkins in possession of this manor and die in  possession and his successor grant this manor to b in fee the say son a year  afterward after the death of his father sue a mandamus by which all this  matter be find and return into chancery in this case a to know facias be award  against the patentee and the patent be vacate for it be gain by deceive the  king the king have only a wardship and grant a fee in this case the heir in  tail be of full age shall have his livery but without the mesne issue because  the king have lawful possession and the king in this case shall have the value  of the marriage of both the father and son for they be both Jenkins er p  within age when they be in ware and the statute of Westminster de gift noth  not enable the son to avoid the value of his father marriage although he be  issue in tail for it run with the signiory and be incident to the tenure
case XLVII mark dyer Inst fine claim exception by all the judge of England v  bend more a tenant in tail remainder to b in fee a levy a fine with  proclamation be in remainder die his heir within age and afterward tenant in  tail die without issue the heir of he in the remainder have five year after  his full age to bring his action or claim the estate or may bring his formedon  while within age if after this fine with proclamation tenant in tail have die  without issue in the life of he in the remainder the heir of he in remainder  although within age shall after the death of his ancestor have only the  residue of the five year to claim in for the time begin in the lifetime of he  in remainder Plowden in Stowels case in the principal case the heir of he in  the remainder be within age if he bring his formedon in the remaider the  parole shall not demurrer at the prayer of the tenant without cause show as a  feoff with warranty of the ancestor of the demandant who heir be be c and upon  this the parole shall demurrer and such feoff allege be not traversable  Gloucester cap
case XLVIII e pl Fol pl h dyer h a writ of error may sleep several year  without a discontinuance for it be only a commission to the judge to examine  the record and the party have no day in court till the plaintiff in error sue  a to know facias ad to hear wandering or the defendant in error sue a to know  facias quare performance to have non debet after such to know facias the writ  of error may be discontinue and error may be assign upon either of those to  know facias f n b Yel a writ of error remove only the record and process but  not the original that remain file with the custos narrow places nothing be  part of the record and process but that which be enrol a warrant of attorney  and a essoin be not remove for this reason nontenure be not a plea in a writ  of error in trespass when the recovery be have by default no writ of error  will lie before the writ of enquiry of damage be return for the defendant be  not grieve until judgement be give upon the return of the writ of enquiry a  release of action be not a plea in a writ of error a writ of error be a  commission it be not a action light cap release sacred scripture action be law  to follow in judgment quod some to withhold Expedit republic ut sit Finis a  strife quality a word be salus quality
case XLVIII Elizabeth   case de ecclesiastical person lease parson vicar  prebend nonability prerogative Deans and chapter parson prebend and vicar be  disable by the statute Elizabeth to make any lease but such as be prescribe by  the say statute and because they be person disable they can Jenkins make lease  otherwise to the king the statute of Elizabeth as to bishop except lease which  they make to the king and such lease be not bind by the say statute but now by  the statute of James archbishop and bishop be disable to make lease to the  king otherwise than to a subject and the king be disable to take any estate  from they otherwise
case XLVIII h Fitzherbert justice de peace judge justice de peace jurisdiction  error one justice of peace can commit another justice of peace for breach of  the peace par in pair non to have command by all the judge the session of the  peace may commit a justice of peace for breach of the peace lambard justice  judgement give in a court of record hold by charter in city or town corporate  or before judge of assize or of oyer and terminer can be reverse Jenkins in  the common plea but in the king bench only for these court of record have  equal power with the judge of the common plea by the king letter patent and  commission against f n b
case XLVIII h west cap Stamf Fitzherbert coroner challenge pain fort dure  judgement coroner   light a he who challenge thirtysix juror peremptory at  commonlaw for felony or treason shall be put to death at this day a peremptory  challenge of thirtyfive be allow for treason for felony only twenty by the  statute of h cap m cap in a appeal of felony if the defendant stand mute he  shall be hang for the pain fort dure be only to be inflict upon a arraignment  for felony upon a indictment he that be indict for treason and arraign upon it  and stand mute shall be draw and hang see g cap h in a appeal of death where  the stroke be in one county and the death in another county the appeal shall  be bring where the death be and be try by both county
case XLVIII hob inch case these tenor abolish by c cap a tenure be find of the  king as of his manor of dale by S a melius to seek after and a tenure by  knight service of the king this be a tenure by knight service of the say manor  and not in capite for the melius only supply that which be defective
case XLVIII mark dyer   Beechers case error dyer court de  Piepowders Amercement Inst   more Bulst r cap ir cap e e e error be bring by  the defendant upon a judgement in a court of piepowder the error assign be  that the defendant be not amerce this be allow for error for although it be  for the advantage of the defendant yet it concern the king and his profit the  judgement be upon a contract make in a former fair and no plaint be then enter  resolve also that this be error by the judge of both bench the judge of the  Piepowdercourt ought ex duty to provide that the king right shall be preserve  as the amerciament in this case where judgement passes upon a contract against  the defendant the judgement ought to be quod amercietur the court of piepowder  be a court of record a writ of error lie upon a judgement give there in a  action bring in this court the plaintiff or his attorney ought to make Jenkins  oath that the contract be make in the same fair and the plaint ought to be  enter then but judgement may be give at another fair at a court hold there
case XLVIII mich James Thomson versus wither averment lessee for year of  tenant for life declare in ejection strong that he be possess of this lease  for year make to he by tenant for life be thence eject this word possess be a  sufficient averment of the life of the lessor judge for the plaintiff and  affirm in error dyer it be all one in such case if the county be of a  ejectment boundary his not yet ind limit
case XLVIII two h that has arisen by birth to have freedom to make good  supersedeas by the judge of both bench in a that has arisen by birth to have  the sheriff make no return and upon this a capias alias pluries be award  direct to the sheriff upon the pluries the sheriff return that he command the  bailiff of the franchise who have make no return and thus the sheriff excuse  his contempt a non to let go be award upon which the sheriff return that be  can execute this writ because a writ de freedom to make good be deliver to he  before the return of the that has arisen by birth to have by which writ the  plea of the that has arisen by birth babendo be command to be adjourn to the  eire the sheriff be amerce the king command ought to be obey and the court be  possess of the cause by the say process and the e ch ordain that as to seize  the villain the freedom to make good shall not supersede the that has arisen  by birth to have and this writ of freedom to make good may be sue in the  county court and be adjournable by the sheriff to the eire for test liberty  non to stretch out ad viscount and a freedom to make good may be make  returnable in the common plea and such writ be as good as if it have be  adjourn to the eire action who it svan way no one sin majus be disobedience
case XV   throw   b Shoiles case put in the case of the city of London  apprentice brewer a public brewer ought to serve apprentice seven year  otherwise be be within the statute of Elizabeth but not so a private brewer in  private house upon a information against a public brewer upon the statute of  Elizabeth it be sufficient in the count to declare that he be not a brewer at  the time of make the say statute and there be no occasion to say that he do  not then use any other trade for although the statute be obscure pen this be  the true sense of it if he have use the trade of a barber at the time of make  the say statute it will not serve to excuse he for be a brewer parish drink  are two vitae sustentacula and therefore the law provide that the brewer and  baker shall be apprentice for seven year these trade also concern the health  of the body of man and the law do not suppose that unexperienced person can  direct or work at they and the law judge that seven year be a convenient and  necessary time for instruction before such public employment judge and affirm  in error law foresee non look back at a information be bring that whereas the  custom of the kingdom be that to avoid injure the highway a public carrier  shall not carry good in any wagon which have more than two wheel and not above  weight the defendant have use to carry from Oxford to London good in a wagon  above that weight draw with twelve horse and have four wheel by which the  highway c lead from Oxford to London be become impassable he be convict of it  fine and imprison
case XV ante where see the reference by the sage as Fitzherbert have thrice  abridge this case but it be not so in my book annuity be bring against a  parson the parson have aid of the patron and ordinary upon issue join and find  for the plaintiff the plaintiff have judgement the parson die a to know facias  to execute this judgement be bring against his successor the temporalties of  the bishop be seize into the king hand together with his tithe the successor  of the parson pray aid of the king resolve by the judge that he shall not have  it for his predecessor once have aid of the patron and ordinary and after such  aid and judgement for the plaintiff it be final as be the judgement in a writ  of right infinitum in jure reprobator debet be Finis a strife king quod be  unjust to make non to be able
case XV Elizabeth dyer by all the judge of England   a trial de treason  misprision de treason trial de treason ouster Le mere Testmoignes I and Inst  Stamf Br case the trial of treason commit beyond sea which be ordain by h cap  be not repeal by mark cap for they can not before be try in England but the  statute of h cap for the trial of treason in England be abrogate by the say  act of nariae where it give a trial in what county the king please for the  trial of treason do in England be restrain to the course of the commonlaw two  witness be necessary at this day for misprision of treason and for treason  commit beyond sea by I e for the mark cap do not extend to they it extend to  treason and petty treason commit within the realm and there be no occasion for  two witness in these letter case for the statute of I e which require two  witness be repeal as to see W c Anna cap that point by mark c and a indictment  for any treason commit in England ought to be lie in its proper county a  indictment and the arraignment upon it make one trial Stamford mistake this a  indictment for any high or petty treason ought to be in the proper county  where the fact be commit accord to the commonlaw and if the indictment be  remove before any commissioner or into the king bench the trial shall be by  juror of the county where the fact be commit
case XV lev h h ch assize abridgment de plaint in a assize the recognitors  depart from the bar after they have beard the evidence of the party after this  departure and before the verdict be give the plaintiff be suffer to abridge  his plaint after verdict be give and enter the plaint can be abridge
case XV r challenge issue a bring trespass against b who be feoff to the use  of c the sheriff be cousin to b but not to c the plaintiff may challenge a  array make by this sheriff if the sheriff upon the distringa a swearer return  small issue he shall be amerce if he do not return more by all the judge of  England a sheriff return d upon each juror he be award to return S upon each  of they
case XV roll r James Cr Waldoes case copyhold extinguishment the custom of a  copyhold manor be that if a copyholder for life die seize have a wife at the  time of his death that she shall have her widowhood in it a copyholder  purchase the fee in the name of a who convey it to b for life the remainder to  the copyholder in fee afterward the copyholder take wife and grant this  remainder to c in fee and die this wife shall have her viduity in this land  for the copyhold be not destroy nor extinguish by reason of the estate for  life of b which hinder the destruction of the copyhold although the copyhold  be destroy by the say feoff of it as to the lord in this case yet be not as to  the copyholder by the two chief justice and chief baron
case XV two h Keyleway isle de man garnsey jersey e h a office be find that  the earl of Derby be seize in fee of the isle of man and die thereof seize his  heir within age the office be void this island be not Jenkins er p part of the  kingdom it be govern by its own law and not by the law of this land garnsey  and jersey be also govern by their own law a writ of error do not lie upon a  erroneous judgement give there and so of garnsey and jersey c by all the judge  of England and the king counsel nil rashly novand fiat quod prius become to  become used
case XVI ass pl e ch a commission of oyer and terminer ought not to issue but  for enormous crime a supersedeas issue to these commissioner to surcease their  proceed they surcease a procedendo come to they afterward without a new  commission these commissioner may well proceed upon it the king may discharge  or annul this commission he can delay discharge or stay the proceed of justice  between Jenkins er p the subject by any mandate under the great or petit fr  privy seal the commission or patent of the justice be in force but he may in  his own case so understand this case by all the justice king quod be unjust to  make non to be able
case XVI e e Fitzherbert Bre prerogative quare hinder amendment the king bring  a quare hinder against a quod to let pass the dawn looks like ad church de  dale where it ought to have be quare hinder the dawn looks like and not quod  to let pass after exception take to this it be amend by the chancellor and  justice of the king bench it will be otherwise in a quare hinder between  subject all house king vigilia make practice of defending therefore law  vigilate pro ring
case XVI Elizabeth dyer Durham grant forfeiture treason   sir draw Druries  case I Inst day blow a Bulst finch   b the bishop of Durham by ancient charter  before the time of e have the forfeiture for treason and all felony of his  tenant between the river tine and tese in Northumberland after statute h cap  for forfeiture for treason a make a gift in tail of land hold there of the  bishop to b b commit treason and be attaint of it the bishop shall not have it  for such forfeiture of entail land be not in be when the say charter be grant  and the say tenant in tail be tenant to the donor and not to the bishop by all  the judge of England the statute e of treason do not take away the say grant  to the bishop it only declare what offence be treason the grant to the bishop  do not extend to new treason enact after the grant nor to new forfeiture give  to the crown after the grant in h cap the king then be in fear of a  insurrection for abolish the pope power the clergy especial be enrage against  he and to terrify they there be these word in the say statute that any land of  any manner of inheritance in use or possession in any right whatsoever be  forfeitable for treason which word extend to bishop prebend dean parson vicar  c and to the Jenkins land which the traitor have in right of his wife which be  too hard and unreasonable afterward the statute of e cap two be a affirmative  statute by a favourable construction of it reduce those forfeiture in auter  law to the course f the commonlaw videlicet to be forfeit only during the life  of the offender as Stamford have well observe he be a upright judge and  learned in the knowledge of the law and of other art Jenkins er p
case XVI h attorney jurisdiction trial venire facias a attorney of the common  plea be assault at Westminster and imprison in the palace there by a a bill be  enter in the common plea for this offence a venire facias be award to the  warden of the fleet to return de aulan west to appear before the say justice  to consider of certain article to be propose to they the warden of the fleet  return atorneys who find the bill true a capias be award against the offender  by the justice of both bench
case XVI h Br case   prince case patent prerogative Br patent Br estate the  king give land to a and his heir male this patent be void for if a have only a  daughter and die and this daughter have a son the fee shall be in abeiance for  the daughter be the heir and if the daughter die her son shall have the fee  but the law will not allow such a cease and revive of a freehold the  parliament may create such a estate but it can be no otherwise do a rentcharge  create de to make new may cease and revive but not a rend in be by all the  judge of England
case XVI James Cr rogue wander pedlar a inhabitant in a county go with ware in  the same county from one house to another to sell they and not in open market  he be a rogue within the statute of Elizabeth cap and other statute
case XVI mich James c b rot e   light b Cr Fitzherbert default h recovery in  value Fitzherbert dyer h Br case dower default infant error quarantine dower  be bring against a heir be a infant within age he make default a grand cape  issue be make default again the demandant have judgement the Jenkins er p  infant shall not reverse this judgement because a default be impute to the  infant in this case and his infancy shall not save his default as in other  case for if so the woman demandant shall have no sustenance during the infant  nonage for the infant will make default and afterward when she have judgement  upon the default the infant will reverse it forty day next after the death of  the husband and no long the law allow the widow her quarantine videlicet to  live in her husband house and to be sustain with victual there by all the  judge regular infancy excuse the default of a infant but it do not hold in  dower for the reason aforesaid causan notorious facts liberty moneybag are  inter favorabilia in lege
case XVI r debt chancery amendment law a merchant three Lombard sue a in the  chancery for debt upon ail obligation bear date at London in saint Martin  parish in bridgeward but neither the bill exhibit in the chancery nor the  count upon it have in the body nor in the margin London nor saint Martin  parish it be amend for it be the mistake of a clerk by all the judge of  England if alien merchant sue for a debt in chancery they be to be treat  Jenkins accord to the law of merchant and of nature e and where they trade  with a joint stock law accrescend have no place the master of a ship in case  of danger and extremity may cast the good into the sea and in some case sell  the ship although it do not belong to he as in case of famine c at this day in  Jenkins er p our league with foreign prince the subject which trade shall be  govern by the law of the kingdom where they trade
case XVII ass pl Fitzherbert dower dyer Perkins sect dower ass pl a assignment  of rend out of land of which a woman be dowable where her husband be tenant to  the king and die his heir be in ware make in the chancery or by a escheator by  virtue of a warrant make to he for this end be good see c ch for prevent fraud  and perjury   light a without deed by all the sage of the law so where the  heir or the feoff of the husband assign rend to the wife for her dower out of  the land of which she be dowable but it be otherwise of a seize abator or  intruder such assignment by they be not good against the tenant who have right  this paragraph may have be omit when the former edition be print videlicet  wardship and the court be abolish c c the assignment of dower at this day in  the case of the king ware be in the court of ware
case XVII Elizabeth dyer pl use baron and feme Londres   a beckwith case   b  blow roll Abr roll Abr Noy   Goldsb Leon husband and wife seize of land in  London to he and his wife and the heir of the husband they suffer a recovery  in London by a writ of right bring against they such recovery there by the  custom bind the party as a fine at commonlaw the husband by indenture without  the wife declare the use of the say recovery to the use of the recoverors  until they make a lease of those land to b for forty year reserve rend and  after the make of the lease to the use of the husband and wife and the heir of  the wife the lease be make accord the husband die the wife be bind by the  husband say declaration of use because she do not disassent from it in her  husband lifetime as in the case of a fine and the wife shall have the rend  either by the statute of the h which help reversion for rend reserve upon  lease before such recovery or by the construction of the commonlaw that the  rend be incident to the reversion where the husband have a fee in right of his  wife and they levy a fine and they differ in the declaration of the use  neither shall stand not the husband use for the inheritance be his wife not  the wife use for she be covert and in this case the use shall be to the wife  and her heir
case XVII h   light a Br case coroner felony praemunire the kill of a man  attaint of praemunire be not felony at commonlaw for he be out of the king  protection but to kill a man attaint of felony be felony a man attaint can be  put to death otherwise than accord to the judgement give against he and by the  officer appoint for that purpose before the statute of Elizabeth cap a man  attaint of praemunire may be kill for he be out of the king protection and  every one may do with he as with the king enemy affirm in parliament
case XVII r league piracy property the king of England have a league with  Denmark so have Spain and so have the king of England with Spain also a  subject of Denmark rob a Spaniard upon the sea the good rob be sell in England  they shall be restore to the Spaniard because of these amity by all the judge  of England
case XVII two   b a h h h h pardon general pardon information the king pardon  of all misprision offence and contempt pardon a offence against any statute  where the informer begin his suit before the offender obtain the king charter  of pardon the informer shall have his part but not if the king pardon come  before the suit of the informer by all the judge in the exchequerchamber
case XVIII   Trin James archbishop of York case h hob Br case lie prerogative  Commission jurisdiction prohibition the king by his commission under his great  seal give power to the precedent and council establish in the north to hold  plea there within certain county limit of any sum by English bill in all  action personal they have no power by this commission to hold plea upon a  write Obligatory for upon this bill the defendant answer upon his oath which  the commonlaw do not suffer no one holding to put forth he himself the king  have the sum of S upon a suit upon any obligation which exceed by this  commission he have nothing this commission take away the writ of error error  do not lie against a decree the king can alter the law be can make a court of  Equityby his charter or commission he may make court of commonlaw and the  trial shall be by a jury in debt upon a bind sue there a prohibition be award  by all the judge of England in a suit in the spiritual court for usury or  simony where covin be allege the defendant shall not be examine upon his oath  if he be a prohibition shall be award the conquest introduce court of equity  after which the king be swear upon their coronation to observe the commonlaw
case XVIII Elizabeth dyer Ant mark h Stanif misprision treason forfeiture  judgement   h p c he who receive or abet a traitor after a treason commit or  conceal any treason be not a traitor this offence be only misprision of  treason for which he forfeit his land for life and all his good and chattel  for ever this receipt or concealment be not within the statute of e for  treason only the actor be traitor by all the judge of England
case XVIII r appeal pardon to know facias release execution in a appeal of  murder the defendant be outlaw and have a charter of pardon the appellee shall  have a to know facias without show any release against the appellant for the  appellant shall not have execution if be do not pray it in person by attorney  will not serve upon this to know facias the appellant be summon make default  which default be record the appellee shall have his pardon allow and shall be  discharge and the appellant can pray execution at another time by the judge of  both bench a appeal of robbery do not lie against one attaint of another  robbery but it lie in the case of murder but the stat of h a appeal of murder  or of any felony be bring against two the appellant release to one of they  will not help the other for they have several judgement and execution so where  ail appeal be bring against two and one of they have a charter of pardon and  he sue a to know facias against the appellant who be summon and make default  which be record this shall discharge he who have the pardon but not the other  in debt the defendant be arrest at the suit of a upon a capias ad to answer  the plaintiff bag judgement against he in another action though he be in  arrest on the capias ad to answer he shall not be in execution upon the  judgement unless the plaintiff pray it of record or sue a capias ad to give  satisfaction and deliver it to the sheriff
case XVIII r Fitzherbert discontinuance e Fitzherbert bar articuli super chart  cap Br jurisdiction a writ of to know facias issue from the tenor of a record  of a certain fine in the court of king bench the tenor of which fine levy in  the court of common plea be remove to the king bench by writ of error in such  case the record itself of a fine neither be nor ought to be remove from the  common plea the tenant in this case plead to the writ of to know facias that  the ancestor of the demandant who heir he be remised and release to the say  tenant his right therein this plea be exhibit in the say court in Hillary term  the r and be not enter on the roll till Trinity term next follow the reason of  this be the king bench and chancery former follow the king court and person by  which mean the clerk can not perfect their roll when the king pen a cause  remove himself from Westminster or any other place of residence but nowadays  that custom be Jenkins er p obsolete and the clerk of the court of king bench  while a cause be pen there between contend party do use and ought to assign  certain time to the say party until judgement be give such assignment be call  a continuance and if it be not do ft be error unless a verdict be give in the  cause the court of king bench may hear and determine cause in the say court  after term be end a to know facias upon the tenor of a recognizance in the  court of chancery be send into the common plea or king bench be of no force  but it be of force if the recognizance remain in the place call the treasury  where the archive of the kingdom be preserve the reason be that no man may be  trouble twice for one cause such writ of to know facias upon the say  recognizance can issue out of the treasury but it may out of the chancery no  one debet his to punish pro One causan
case XVIII throw Cr hall case assumpsit quantum to deserve the licence in cro  be procure to another to sell to the defendant assumpsit if the plaintiff will  procure licence to b the defendant from one c the lessor to the defendant to  sell a term which he have that he the defendant will pay Jenkins er p his  charge quantum to deserve this be a good assumpsit and good consideration  although there be no need of licence if the plaintiff procure such licence for  such procurement although vain be labour to he judge and affirm in error
case XXI e Fitzherbert judgement e Fitzherbert Mesne a writ of mesne be bring  by the tenant against his lord upon a acquittal by prescription issue be join  upon the prescription and the jury find that the defendant and his ancestor  and they who estate the defendant have have acquit the ancestor of the  plaintiff and those who estate he have from time whereof memory c but not in  the time of the plaintiff nor of his grandfather the plaintiff recover by this  verdict for the effect of the prescription be find this judgement be affirm in  error who to hang in litter to hang in made from bark upon a prescription for  a modus kill way or common the verdict find no modus way or common for twenty  or forty year but that before that from time beyond memory there be such modus  way or common this verdict find for the prescription a have common to his  tenement by prescription in the land of b a make a lease for year to c march I  James for thirty year of this tenement b bring trespass Apr James against c  for use the say common he plead the lease make to he by a of the say land to  which the say common belong march I James for thirty year the lease be  traverse and be find to be make on the that of march as above c have judgement  for he Jenkins to express grief nothing to take in hand per breve for his  lease be find in effect to maintain and have the say common in account the  defendant plead a account before b and c auditor assign the plaintiff traverse  this the verdict find a account before one of they this verdict be find with  the defendant the number of auditor be not of substance for the allowance or  disallowance of a account
case XXI h dyer by the judge of both bench challenge hundred Panel see and  annae cap that venires at Westminster be to be de corpore comitatus a  information be bring against a vicar upon the statute of h concern a plurality  of farm in seven several will in four several hundred in the Jenkins er p  county of Essex it be sufficient in this case to have four hundredors out of  any of the say will at commonlaw there Ought to be four hundredors upon every  trial the statute of h cap require six hundredors in a plea of land between  common person by the statute of Elizabeth cap two hundredors be sufficient in  personal action this information be at commonlaw and only require four  hundredors
case XXI h h Br livery Br case h Stamf praer dally pl   light a f n b guard  livery chattel Br case by c ch these tenor and service be abolish No livery  shall be sue by any heir if the tenure be not of the king by knight service in  capite or in socage in capite if the heir be of full age at the time of the  death of his father he shall pay half a year value of the land if the tenure  be socage in capite such heir shall pay relief if he be fourteen year of age  at the time of the death of his ancestor he shall pay nothing where the king  have a ware because of another ware who be the king tenant in capite by knight  service and the ware because of ware come first to full age be shall sue his  livery but not where his guardian have sue his livery before he but though his  guardian have sue his livery before he yet the king shall retain the land and  body of the ware because of ware till his full age so shall every other lord  do who have a ware because of ware if he have not the signiory by a defeasible  title if so the entry of he who have right shall avoid it so of a mortgage  redeem and a signiory grant upon condition the heir of the king tenant by  knight service not in capite at his full age after he have pay relief shall  have a ouster Le main the king tenant of land within the duchy of Lancaster  shall sue livery but not for land hold of the duchy and lie out of the duchy e  h
case XXI r Fitzherbert forfeiture Stamf coroner deodand patent to know facias  prerogative by all the judge in all respects who movent ad death are deodanda  in a great vein of lead part of the earth fall upon a miner and kill he only  that parcel and not the whole vein be forfeit for a deodand this case as here  state appear by a inquisition return into chancery the king by his letter  patent grant the say vein to f S the Lord chancellor of England on the prayer  of the owner of the say vein call in the say f S by a to know facias in the  king name and by the prerogative law cause the say letter patent to be revoke  because they be obtain surreptitious and in deceit of the king the like reason  and the same be the law where the tenant who hold his land of a mesne lord  between the king and he grant his land to the king by deed enrol the say grant  make to our Lord the king extinguish all tenor from any other lord because the  king can bold from no man if such grant be make to our lord the king by fraud  that the king may grant the say land to the abbot of dale and his successor  and the king by letter patent grant the say land to the say abbot and his  successor this last grant be voidable as aforesaid and revocable by to know  facias in the king name he that hold of a mesne lord be attaint of high  treason if the king grant his forfeit land to another in fee the king be in  justice bind to revive by his grant the tenure from the mesne lord if it be  not so do the rend of the say mesne lord which be over and above the rend due  to our Lord the king for the say land be of common right to be levy by the  distress of the say mesne lord No land can be grant to any body politic  without the king licence and the licence of the mesne lord under the penalty  of the forfeiture of such land to the mesne lord of who it be hold e ch sir  John molins case   stamford praer king quod unjust to make non to be able
case XXII e Fitzherbert Mesne a tenant give his tenancy in frankalmoign to a  abbot this abbot have judgement in a writ of mesne against a the donor by  these word to look at closely be that the plaintiff recupere versus the say a  his damage and the sheriff be command to distrain he to acquit the abbot and  the judgement be not that the defendant shall acquit the plaintiff this a die  a to know facias lie against the heir of a to execute this judgement although  he have nothing by descent and although the judgement be as aforesaid the to  know facias be to execute the say judgement of acquittal the plaintiff have  the say judgement affirm in error the reason be the tenure in frankalmoign  follow the blood of such donor and he have prayer make for he and he can it  disclaim in the mesnalty and the judgement be in effect that he shall acquit  Jenkins er p understand this gift in frankalmoign before the e the statute of  because buyer the earth or afterward by consent of the king and the lord  mediate where the land be hold of other a abbot in this case have judgement in  this form to recover damage teaching to be viscount quod distr to hang de a ad  acquietandum the abbot and it be well thus for different justice have  different form which prove that the word to look at closely be not necessary  of old time as it be conceive of latter time to be many ancient judgement have  the word concession and in the civil law the form of word for judgement be to  see we but it be the most sure way to follow the latter judgement videlicet  therefore to look at closely be solemnitates law are to watch
case XXII h Br case r e Ilob f n b a Frenchman come into England with the good  before war be proclaim between the English and French neither his person nor  his good shall be seize but if a Frenchman cony into England after the war be  proclaim his person and good may be seize and so it be although he be drive  into England by a tempest by all the judge of England where the good of any  subject of a foreign prince in amity with our king be take by a enemy of that  prince and these good come to the hand of englishmen they can be regain from  the English for they be take jure pretty and there be no law to take away the  property from the englishmen the sale of any good in open market take away the  property if the good of englishmen be take by enemy and be retake from they by  other englishmen the first owner shall lose their property if they do not  claim they on the day of the reprisal before sunset
case XXII h sanctuary by all the judge of England sanctuary at commonlaw do  not lie for treason it lie for other offence at this day all sanctuary be  abolish by a statute make I James cap nec venian strike divine will casus to  have Jenkins er p
case XXII James hob Lastlow`s case a assume to b to deliver to he by such a  day so much avenar quantum at S d a quarter shall amount to and b assume to a  to pay for they to he the say b bring his action on this assumpsit and declare  for breach of this promise that a have not deliver to he quarter and bushel  avenar by the say day upon non assumpsit plead the plaintiff have a verdict  for he and judgement and affirm in error although this breach be lie in three  farthing more than amount to yet it be good for that be inter minima accord to  the computation of the year which have day and hour the hour be not compute  for such that account be too subtle and see Hobart Fr anctious busy Jenkins  Miscomputing may be amend in a verdict gross miscomputing in a declaration in  assumpsit be faulty assumpsit to pay of cummin and he allege the breach in not  deliver this be ill for he bring his action clear for more than he ought to  have Elizabeth Crompton and smith case dyer
case XXIII e Fitzherbert Jointenancy and there in a assize of darrein  presentment of a advowson in gross jointtenancy be not a good plea by the  justice of both bench it be otherwise in a writ of right of advowson a quare  hinder be in the nature of trespass and be all one with a darrein presentment  the other that be the writ of right of advowson complain of the deforcement of  the whole advowson the quare hinder and darrein presentment complain only of a  chattel videlicet of the present avoidance
case XXIII Elizabeth dyer forgery camera set with stars execution prerogative    Leon more Stamf b Cr Elizabeth a forge a customary of the service and custom  of a manor to the prejudice of the lord this be a forgery of a interest within  stat Elizabeth cap the party grieve shall have double cost and double damage  and upon judgement in this cause in the starchamber these damage and cost  shall be levy by a English writ direct to the sheriff in the nature of a to  lift up facias of the good chattel and land of the offender and the fine lie  on the offender for the king Jenkins in this case shall wait until the damage  and cost be levy for the party grieve by the course of this court and the  commonlaw by all the judge of England for cost and damage in case of a riot  Hillary James in the starchamber between Heyward and sir John Whitbrook upon a  reference to the judge it be resolve that there be no remedy for they but the  imprisonment of the offender until payment the case of forgery only be help by  the statute of Elizabeth cap the damage and cost for the party shall be levy  before the fine for the king only in decree and popular action because here  the prosecution of the party be the mean by which the king come to his fine  but let the prosecutor take care that he do not delay the levy of his cost c  to the king prejudice for if he do the king execution shall not wait court who  proceed be in English as the chancery and starchamber have no power to meddle  with land so as to give possession of it but it may be otherwise by act of  parliament as this English bill in the case of forgery by Elizabeth cap the  case of sir John Whitbrooke of a riot be not within the say statute of  Elizabeth but the principal case here be
case XXIII h h Fitzherbert record h hob Br case dyer conspiracy certiorari  justice de peace bar a bring a writ of conspiracy against b and other this  conspiracy be to indict a of a felony of which he be arraign and acquit the  defendant plead that the indictment be before certain justice of peace who  compel the defendant to be juror upon find the indictment and that they with  other be juror upon find the say indictment c the plaintiff reply nul tiel  record in this case the defendant have a day give they to bring in the record  and fail the plaintiff have judgement this judgement be reverse for the court  of common plea ought to have award a certiorari to the justice of peace to  certify whether they have such a record for they be a inferior court to the  court of common plea but in this case where the court be superior or the  jurisdiction equal day be give to the defendant to have the record in court by  a certain day by the justice of both bench
case XXIII I h dally pl fine certiorari precedent writ to certify record issue  out of chancery and other writ to remove record out of the court of common  plea be direct to a b chief justice there to remove the record which be before  he and his companion without name they in fine levy all the judge of the  common plea ought to be particular name for so be the usage by all the judge  in England fiat quod prius become to become used nothing rashly novand  restored state non tam usefulness prod how restored state troubled custom  England be law England these be principle in our law
case XXIII James   b b Pilfolds case damage count in trespass the plaintiff  declare to damage upon not guilty plead by the defendant a verdict give damage  with cost of suit to the plaintiff the plaintiff release of the damage and  have judgement for the damage with the cost damage be for the wrong do before  the writ purchase cost be pro expenditure lawsuit adjudge and affirm in error  in account against a receiver or bailiff damage be not recoverable for it be  find upon a faith and trust and be not bring for a wrong in detinue the  Jenkins er p plaintiff shall have no more damage than he have declare for for  the judgement be to have the thing detain and damage for the detention if the  thing detain can be have the sheriff shall inquire de financial loss and the  plaintiff shall have judgement for the value and detention upon and accord to  the sheriff return that he can deliver the thing by the defendant fault h if a  increase be receive by a receiver ad merchandizandum the receiver ought to  account for it see my repertory title account
case XXIII r Fitzherbert supersedeas a sue a action of trespass in the common  plea against b for a trespass do at dale in the county of Norfolk b plead that  the say action ought not to be maintain against he because the plaintiff be  his villain the plaintiff reply that he be a freeman and not the defendant  villain issue be join upon this and a writ of venire facias direct to the  sheriff of Norfolk in order to try this issue b suggest in the court of  chancery that the sheriff of the say county be a arbitrator for the plaintiff  in a award concern the say cause and thereupon b obtain a supersedeas to the  say sheriff command he to desist from the execution of the Jenkins er p say  writ of venire facias it be adjudge by all the judge of England that the  sheriff be bind to execute the venire facias notwithstanding the supersedeas  when two contradictory writ be deliver to the sheriff in one cause one at the  commonlaw the other issue out of the court of chancery the sheriff ought to  execute the writ at the commonlaw which be fix and invariable and not the  other which have issue only ad arbitration bon man such charioteer at the  discretion of a upright man the commonlaw be the subject inheritance if in the  cause in dispute the sheriff be arbitrator for the plaintiff or defendant it  be a principal challenge to quash the array return by the sheriff to try the  issue join in the say cause a swearer to withhold be neighborhood sufficient  too little suspected
case XXIII sand Carth salk palm James Cr I Bridgmans case judgement executor  covenant a executor of land for a term where the testator have covenant to  repair during the term a action be bring against the executor for not repair  in the time of the executor and find against he the judgement shall be de good  testator de financial loss si to have if not for the cost of send de good not  common with others but where a executor plead ne unques executor or a false  release make to himself and it be find against he where the king have a fine  in these two case only the judgement shall be de good testator si to have if  not for the whole de good not common with others in odium spoliator
case XXIV Elizabeth Benl pl dyer pl covenant lieu county verdict count and   a  a Leon Jo roll a b and c be coparceners they purchase other land than the  coparcenary land to they and their heir and by indenture they covenant every  one with the other respective for they and their heir with every one of they  and their heir that the survivor or survivor of they and their heir shall  convey to the heir or heir of the other who die first separate at the cost of  the heir or heir a equal part with the survivor or survivor they purchase the  land in ken a and b die the heir of a sue covenant against c and allege that  he tender to c in ken a assurance to be make of the say purchase land whereas  the sale be make in ken and the tender be in truth in the county of Middlesex  and the action of covenant be bring in ken by the heir of a and issue be join  upon the tender of the Jenkins er p assurance and it be find with the  plaintiff he have judgement which be affirm in error resolve in this case that  this be a real covenant which go to the heir of the covenantee that the  plaintiff have his election to bring his action of covenant either in ken  where the purchase be make or in Middlesex where the tender be make the place  of the tender in this case be allege for conformity and be not parcel of the  issue and the find of the tender by a jury of ken be sufficient in such case  the defendant shall have reasonable time to advice with council to consider of  the assurance tender for perhaps the covenantor be illiterate or ignorant of  the law perhaps the place where the tender be make be not convenient for do  such a act in the principal case the issue be not join upon the request to  make the assurance but only upon the tender and therefore it be only a opinion  that the defendant shall have not reasonable time to advice concern the  conveyance tender   Mansers case b there be no occasion in this case to  mention in the declaration the name of the person who sell the land
case XXIV h   light a Br case appeal head coroner by the judge of both bench  in a appeal of death the appellee shall not plead that the decease assault he  and that be kill he see to ward off but be shall plead not guilty modus form  and give this matter in evidence and the jury be bind to find the truth of the  matter and be can have that plea with a traverse of the murder when the matter  of a plea be worth nothing the traverse be worth nothing murder can be justify  where a jury find a man slay upon the view of a coroner they ought to find who  kill he or that he kill himself or they may find that he who be name in the  indictment kill he see to ward off upon a indictment before other judge if the  juror acquit the party indict they have no occasion to find who kill the  decease but only to say not guilty wound be only justifiable oblique as to say  that the hurt do be upon the assault of the plaintiff and the defence of the  defendant c
case XXIV h h west ch stat de Ebor e ch e ch nisi prius upon a venire facias  return to try a issue the jury make default a habeas corpora be pray with a  tale with a nisi prius non allocatur a habeas corpora with ten tale may be  grant and upon default at the habeas corpora a distringa with ten tale with  the nisi prius may be grant the venire facias ought to be return before any  nisi prius be grant
case XXIV I h fee deal judge by the statute of h the fee of the judge be to be  pay out of the first money which the customer of the custom shall receive and  this payment be to be make at a certain day if the customer die before the day  their executor be liable for so much as they have receive if the king grant to  any merchant to retain so much of the custom in his hand as shall be de by he  the judge in this case may sue the customer or the merchant for their fee and  the king will allow they as much as they have pay to the one upon account to  the other upon petition where the king demise and the judge have new patent  Jenkins all the fee incur before the new patent shall be pay to the judge this  statute of h have a proviso that the customer shall not be charge with these  fee if the clerk of the hamper in chancery have sufficient in his hand to pay  the say fee and the chancellor be to be apprise and certify of it this  apprisement ought to be by a jury and not otherwise the judge may sue the  customer and they may plead this proviso and that the clerk of the hamper have  sufficient in his hand before the say suit and this issue shall be try by a  jury and so the chancellor ought to be apprise of it this apprisement be a  condition subsequent to the payment of the fee by all the judge of England at  this day the fee of the judge be pay out of the exchequer these fee be a  honorary gift of the king of which the judge be worthy if they be learned just  and uncorrupt prudence law of to money price non be to determine the value of
case XXIV James Cr Peter case h detinue judgement in detinue for a bind of  where a verdict be find for the plaintiff the judgement for the plaintiff  ought to be to recover the bind or if the bind can he have for with damage and  cost judge of ten so and not the bind or the value of the bind for that  leavesthe election to the sheriff Jenkins er p
case XXIX a   light b dyer   Lifords case I Elizabeth dyer h a seize or his  feoff sovus corn and leaves it grow on the land the disseizee may seize it by  the judge of both bench the same law after severance though it be   b h carry  out of the land
case XXIX e   light a b   a Fitzherbert entry congeable ass ult Toursons case    b b a Cromwell case   a tenant in capite obtain the king licence to feoff  two of the manor of dale upon condition to give it back to he in tail the  remainder to b in fee the feoff be make to two accord a afterward die his heir  be within age afterward the gift be make to the heir of the body of a the  remainder ut above resolve that this licence noth not extend to give this land  to the heir of the body of a but a new licence be necessary and the obtain of  this licence be a new charge to the land suffer by the two feoff and therefore  in this case the condition be break a die seize of other land hold of the king  in capite his die seize of this land and all this other matter be find by  office Jenkins the king shall seize the say manor for the breach of this  condition in right of the say heir be within age and shall have all the profit  of it as guardian after the death of a by all the justice word to take without  effort aunt cum execution
case XXIX Elizabeth dyer h error assize parliament petition all roy bull roll  Abr a assize be bring of land in the county of Hertford upon the default of  appearance of the recognitors a habeas corpora be award but it have no testae  the justice adjourn the assize and give a day to the party to plead in a  foreign county they plead there afterward the assize be take in the proper  county and chant for the plaintiff the plaintiff have judgement affirm in  error these error be assign the habeas corpora have no testae non allocatur  for the law intend it to be award in the proper county after the adjournment a  resummons be not award for the recognitors there be no occasion for  continuances be enter of the assize in the proper county upon the roll of the  assize the party be adjourn to plead in a foreign county this be Allowable for  the statute of great paper only require quod assisae to take in hand in not  common with others county videlicet as to the verdict and so it be here upon  this judgement affirm in the king bench error be bring in parliament note this  writ do not lie without a petition to the king in such case the chief justice  of the king bench shall carry up the record with the transcript of it to  parliament before the lord and there it shall be examine and the chief justice  shall carry back the record into the king bench and the transcript shall be  leave with the lord and they will award a to know facias ad to hear wandering  returnable before they in superiori house parliament the next parliament the  to know facias be returnable at the next session of parliament the commons  have not any power of judicature in parliament e h Fitzherbert error
case XXIX h e e h by all the judge of England damage judge in a writ of  trespass de enclosed space to break in pieces the jury find damage the judge  can neither increase nor abridge they so it be where there be a writ to  inquire of damage in trespass h so it be in a action on the case for slander  where the jury tax damage so in a assize but it be otherwise upon a writ of  enquiry of damage in debt mayhem detinue covenant battery the court may  increase or diminish the damage assess by the jury h h h dyer h to think over  e Fitzherbert damage e a swearer are judge fact
case XXIX h Fitzherbert reattachment   discontinuance de process appeal pardon  to know facias a appeal be bring for the death of a man pen the appeal the  plea be discontinue by the king death a reattachment ought to be sue within a  year after the king demise the appellant do not sue it the king pardon the  appellee this pardon shall be allow without award a to know facias against the  appellant for it appeal on record that the appeal be extinct and it will be in  vain in this case to award a to know facias by the justice of both bench law  nil compose in vain this case be remedy at this day by the statute of the e  cap the appeal continue notwithstanding the king demise
case XXIX James   a Agnes gore case murder intent h p c Inst hawk p c c sacred  scripture a put poison in wine or any other thing to poison b c take it and be  poison a in this case be a murderer for the law join the intention with the  event by all the judge of England it be otherwise where a command b to kill c  or to rob c and b kill or rob c this be not murder or robbery in a for in this  case the instrument which a use may non field but poison can not be advocate  natural service unavoidably the other be volunteer advocate Sanderss case  Plowden the put of ratsbane to kill vermin be not felony although a man shall  take it and die of it criminal mode of life distinguntur
case XXIX James Cr Inst house case   light b curian wardor tenure recital a  double ignoramus that the juror do not know of who the land be hold upon two  office videlicet upon a they to shut extremum melius to seek after make a  tenure in capite of the king where upon a mandamus a office be find ignoramus  de quo well who the land be hold and a melius to seek after recite the say  mandamus and add other word than be in the mandamus the recital be void and do  not hurt the melius to seek after the reason of the principal case be all land  be hold of the king and where no tenure of any other can be find the best  tenure shall be take for the king see tenure in capite by knight service  infinitum in jure reprobator Jenkins er p
case XXV ass pl Mesne judgement against the mesne be that the defendant to  draw asunder ad acquietandum with damage where it be allege that it shall be  that he shall recover the acquittal this judgement be ground upon a specialty  for the acquittal and a to know facias be bring against the heir of the lord  upon this judgement and no mention be make in the to know facias of the  specialty and the defendant plead that he have nothing by descent from his  father in feesimple non allocatur these matter be allege for error judgement  affirm to draw asunder ad acquietandum be all one in effect with this form  that he shall recover the acquittal concession be ancient use for to look at  closely to see curiae be the form of judgement in the civil law for no man  have a unerring and infallible spirit there be do occasion to name the  specialty in the to know facias for it cognizant fa isgrounded upon the  judgement and the judgement alter it the specialty as a judgement for debt  upon a obligation alter the obligation and determine it No action can be bring  upon the obligation as long as the judgement be in force in the principal case  the ancestor when he give the land in frankalmoign bind his blood and heir to  the acquittal for I e in consideration of the prayer to be make for they see  the d case before Jenkins er p
case XXV h Br case guard the lord in chivalry during the nonage of the heir in  his wardship shall not oust the termor of the ancestor or the grantee of the  next avoidance or the grantee of wreck so of a lease for term of life by all  the judge of England the law in this case be alter in the time of h after the  death of justice Fitzherbert who in his no Br hold the contrary and so be many  ancient book but the judge find the great inconvenience which ensue upon it by  disable the tenant by knight service to make lease because of the danger of  such wardship happen during the year and perceive the decay of husbandry and  of reparation and the depopulation that attend it resolve as above but as for  the body of the heir although he be bind apprentice in his father lifetime and  the father die his heir be within age and a apprentice the lord shall have he  from his master during his apprenticeship to instruct he in feat of arm for  the public good as the law suppose and in this case there be no such mischief  as in Jenkins er p the former the lord shall have the rend reserve upon such  lease as above and shall have the land when the lease be end if it expire  during the nonage of the heir
case XXV h Fitzherbert subpoena use discontinuance case plaintiff a tenant in  tail to he and the heir male of his body make a feoff in fee to the use of he  and his heir before the statute of h ch of use this Jenkins er p feoff be make  to the intent to levy for the daughter of a a die his son within age or of  full age enter he be not remit for no land descend upon he he have a right but  no freehold if this feoff have be after the h of use and the father have  afterward die seize the heir have be remit but where a die Jenkins before the  say statute the say heir must pay the say out of the profit receive if he have  not first recontinued the estate tail by a formedon
case XXV I h fine feoff livery dower tenant per Le courtesy the king tenant in  capite die his heir of full age the heir before livery sue levy a fine of the  land to a stranger the fine be good and passes the estate it be otherwise if  he make a feoff of the land for the king be in possession of it and the feoff  meddle with the king possession if the heir after office and intrusion levy a  fine it be good the statute of tribe which voted first king upon a intrusion  after office take away the freehold of the heir only as to the wife dower and  do not extend to a tenant by the courtesy where a heir female intrude after  office find and marry a husband who have issue by her he shall be tenant by  the courtesy upon the intrusion of the heir of full age the king pardon to he  of all intrusion exitus beneficial serve he instead of livery which prove that  the freehold remain in the heir otherwise such pardon will not serve for  livery h
case XXV James Cr sir Percival willoughby case fol judgement continuance in a  formedon the party be at issue a venire facias be direct to the sheriff  afterward upon a entry quod sheriff non to cause to go breve a writ be award  to the coroner but it do not issue a continuance be make only between the  party upon the default of the tenant afterward upon the trial the judgement be  quod to strive for recupere seisinam without the word per defaltam it be good  without these word and with they judge and affirm in error a miscontinuance be  where the party have a day by undue process if they appear and plead to issue  it be not error at commonlaw
case XXV r Fitzherbert account h ass pl dyer account berre fait averment  account be bring by a lord against his bailiff be plead that be never be his  bailiff and it be find against he the bailiff be award to account and auditor  be assign the plea of payment of part to the plaintiff and of part to b by the  plaintiff order be good plead before auditor without any deed for the award be  only a interlocutory rule and not as a judgement upon a to know facias to  execute a judgement in debt or trespass a plea of payment or satisfaction  without a deed be alter by whether ch will not a bar neither a record nor a  deed shall be avoid by parole averment the first judgement be that he shall  account if the first judgement shall finish the whole it be in vain to assign  auditor to audit the account and after plead be plead before they not to try  those plead natural be quidlibet to take apart eastern modus quo bookbinding
case XXVI h   light b light sacred scripture Br case release bar a release of  all action and demand in the case of land release the right and entry in  personal thing it transfer the right and bar the seizure by the judge of both  bench such a release do not bar a covenant before the covenant be break but it  do afterward it be a bar for rend after the day of payment and of a annuity  after the day of payment a rend Payable and a covenant break be thing in be  and do not depend upon a contingency it may happen that a covenant may be  break or that Jenkins it may not be break in the case of a annuity for life or  ear if the grantee before the day of payment make a release of action to the  grantor it do not extinguish the annuity as a release of a obligation do a  obligation have no day to come but every annuity have so for rend a release of  action before the day of payment be worth nothing
case XXVI h Fitzherbert devise averment   b Perrymans case a averment may be  at commonlaw upon a will although it be in write but not upon a will by the  statute of h ch see c ch   Vernon case a a devise of land in London ought to  be in write and prove and enrol in the guildhall there and that ought to be do  by a officer of the city the devise be to a b and c and their heir and that a  shall have all the profit during his life upon a suit in chancery by the heir  of a the trust of this land be aver to be repose in the say a b and c to the  use of a and his heir and it be so prove the chancellor make a decree by the  advice of the judge that a be dead his heir shall have this land at this day  no averment can be upon a will to supply a use or trust of land for a will of  land devisable by the statute ought to be in write and if the trust be not in  write it be to be reject by force of the statute of h ch of will
case XXVI I h parliament pardon a act of parliament make in the time of king r  bastardize all the child of e this act be not this be a strange mistake in our  author the yearbook say the judge advice a repeal by mention in the act of  repeal only a few word of the beginning of Richard act instead of recite the  substance of it and the book bid we note that a act of parliament be necessary  to indemnify the keeper of the record for take it off the file repeal but take  off the file of chancery and burn Jenkins er p by the advice of all the judge  in England that no memory may remain to posterity of such a horrible falsehood  the king have pardon the bishop of bath and well who have contrive this act  the lord not know this be proceed in the upper house of parliament to punish  this wicked crime but upon notice of the say pardon the prosecution vanish  kindness Princeps debet be to chew
case XXVII Elizabeth dyer praemunire indictment   dyer a be indict upon the  statute of I Elizabeth cap for aid b know he to be a principal maintainer of  the authority of the see of Rome the offender in such case be liable by the  say statute to the forfeiture of praemunire there be other offence mention in  the say statute with other penalty this offence in the say statute have the  word upon purpose and to the intent to extol the power of that see these word  be omit in the say indictment for which cause the say indictment be judge  insufficient by all the judge of England for these word make the offence as to  the forfeiture of praemunire
case XXVII h   b Fitzherbert amendment the proper name or surname of the part  or of the justice be mistake be not amendable for this rise from the  information of the party for the clerk have nothing to guide he but the  information of the party the same be the law of a patent and of a writ of  error direct to the chief justice if the name of the patentee or of the chief  justice be mistake
case XXVII I h parliament equity tail coroner the crown be entail to the king  by act of parliament with all the prerogative and franchise belong to it this  act do not extend to take away the liberty or franchise which lord or other  have by charter or lawful prescription by all the judge of England a entail of  the crown extend only to the royal power and prerogative belong to it but not  to possession or matter of profit quality a word attendend be
case XXVII James Cr Southbys case in curian wardor guard equity this tenure  and wardship take away by c cap a wife be tenant for life remainder to the  husband in tail remainder to the husband in fee of land hold in capite the  husband die the wife survive and the heir of the husband be within age he  shall be in ware for his body in the lifetime of the wife by the equity of the  statute of h where land be give to two and the heir of one of they Floiers  case   James
case XXVII r Fitzherbert Br see and whether c that venires out of the court at  Westminster be to be of the body of the county except in felony c in trespass  the defendant plead a award make at dale between the party by I S issue be  join upon the say plea and a venire facias for a jury of dale the juror give a  verdict for the plaintiff that no award be make the plaintiff obtain judgement  the defendant sue a writ of attaint out of sale against the juror this be ill  by all the justice for it ought to be out of the will where the writ of venire  facias in the action of trespass be obtain
case xxviii ass pl ass pl e Fitzherbert Title althams case   dyer a bring a  assize against two one plead the release of the plaintiff of all action  personal the other plead jointtenancy with c who be in full life at dale not  name in the writ in this case the plaintiff ought to elect his tenant and if  he miss his Jenkins er p tenant in this election the writ shall abate the  plaintiff in this case elect he for his tenant who have plead the release and  it be so find by assize the say defendant be so find tenant plead ut above the  plaintiff reply that after this release he be seize and seize by the say  defendant without make any other title the assize be find with the plaintiff  he have judgement this judgement be affirm in error although this release be a  bar in the assize yet it give no right and the right of plaintiff before the  release be impliedly confess by the release and the say defendant claim  nothing in the land but by the say release of action personal it be otherwise  of a release of a right or of all demand this give a right Fitzherbert Title  in this case have mistake the release it be not of action real it be a release  of action personal but it all one neither of they give a right nor toll a  entry James cap at this day peaceable possession for twenty year toll a entry  and after such possession a release of action give a right and there be no  remedy for the feesimple by writ of right after such possession and release of  action quality a word be salus quality
case xxviii Elizabeth dyer quare hinder plurality lapse notice prerogative  patent parliament   a Davis Inst dyer a have a benefice with cure of the value  of per and and before the stat h against plurality have the pope bull to have  and retain another benefice with cure along with this afterward the stat h  against plurality be make by which the bull be void a the that of April h take  another benefice with cure ex a placing before b the patron of it afterward  the stat h enact that bull before grant by the pope shall be effectual with  certain limitation a have these two benefice obtain the grant and confirmation  of the king ex fullness power sum to enjoy they both the Elizabeth n the  lifetime of a the queen present by lapse upon the statute of Jenkins h her  clerk to this benefice who be admit institute and induct and die incumbent  Elizabeth a resign the say first benefice which remain void for four year  afterward the king present Jenkins er p again by lapse b the patron bring a  quare hinder against the say clerk and recover by judgement resolve by all the  judge that in case of resignation or deprivation no lapse shall incur to the  king until after notice give to the patron that if the king present ration  lapsus where there be no lapse and his clerk be admit institute and induct  that the whole be void and he be not incumbent for the king be deceive the  king can be a usurper of a church upon such a presentation nor be can be a  seize of land this church be void by resignation for the act of h have make a  incumbent as he be before the h without a new admission the king have a fee in  a advowson the church void the king grant the advowson to b the avoidance  shall not pass
case xxviii h Fitzherbert challenge in account the party be at issue a jury be  return they be all challenge by the plaintiff to be within the rape and  distress of the defendant and that one of the juror be feoff to the use of  another and have do fealty to the defendant the defendant confess it and pray  a jury to be return of the next hundred triers be assign to try these  challenge and they find the suggestion of the plaintiff and the confession of  the defendant to be false as to many of the juror but not as to they all in  this case a habeas corpora with ten tale be grant in the ordinary course where  the plaintiff suggest that the sheriff be his cousin and pray process to the  coroner he shall have it if the defendant do not contradict the suggestion if  the defendant contradict it be shall not challenge the array for this cause if  the sheriff be cousin to the defendant he can pray process to the coroner for  the process to the sheriff be to his cousin and for his advantage and delay do  not hurt he
case xxviii James   b executor action sur Le case Brownl   Entr Nu Cr James a  bring assumpsit against the executor of b upon the testator assumpsit to pay  he a certain sum of money which neither he nor his executor have pay resolve  by all the judge of England that the action well lie Jenkins er p the testator  assumpsit to do a collateral thing as to build a house to serve for such a  time or the like which be not a debt bind the executor these be not as battery  trespass or waste who become void cum mask they be as debt is owed non noritur  croak in his report have publish that a action lie against the executor upon a  collateral promise make by his testator see a cap that collateral promise must  be in write be
case xxviii James Cr earl of Rutland case I   a b curian wardor surrender tail  fine discontinuance bar baldwin case a tenant for life remainder to b in tail  b levy a fine with proclamation sur to go away to a and c for their life this  fine bar the entail during the say two life only and be not a discontinuance  entirely for b be not seize by force of the tail and the fine be sur to go  away it seem that a s acceptance of this estate to he and c be a surrender of  the former estate which he have as in case of a lease for year make to a and  during the year he accept a lease for year of the same land to he and b
case xxviii r Fitzherbert challenge to swear falsely venire facias non to let  go see and whether c upon a writ of venire facias direct to the sheriff to  return a jury to try a issue the sheriff issue his precept to the bailiff of  the liberty where the cause begin to impanel a jury and return it to he the  bailiff of the liberty answer that there be only two sufficient juror to be  find in his bailiwick and he return their name to the sheriff and the sheriff  without a writ of non to let go put four and twenty good and lawful man on the  say jury and certify to Jenkins the court the jury so impanel and this be hold  well by the justice of both bench in vain fit per more quod per pauciora  become to be able when by the default of juror or by challenge it happen that  a full jury do not appear and the plaintiff suggest to the court that within  the hundred where the writ be sue all the tenant except two be tenant to the  defendant and the plaintiff pray that ten tale may be add from the next  hundred this suggestion be try by two of the juror who appear who report to  the court that the tenant of the hundred name in the writ be sufficient to  make a jury beside the tenant of the defendant thereupon ten tale be award out  of the hundred name in the writ
case XXXI   light a h Fitzherbert obligation judge in the exchequerchamber  obligation condition a be bind to b in a obligation condition to stand to the  arbitrement of c so that the arbitrement be make before mich and that the  obligor shall have notice of it fourteen day before mich to attend the say  arbitrement and the michaelis be fourteen day before the date of the say  obligation and so the notice be impossible to be perform this obligation be  good and the condition void judge in the exchequerchamber the condition of a  obligation be to stand to a arbitrement a arbitrement be make which be void  the obligation be also void for the condition be possible and become  impossible by the act of the arbitrator e against h a void arbitrement be no  arbitrement
case XXXI ass pl Artic super chart cap a assize be take in the king bench in  Suffolk for land there the king and his court be there ancient the court of  king bench and chancery follow the king and his court before the assize be  determine the king remove to Westminster yet the say assize be try by nisi  prius in Suffolk the plaintiff have judgement which be affirm before the king  and his council f n b e ch praemunire v no Br Bracton lib Westminster ch ass  pl see the three case before for the power of the king and his council this  nisi prius for try the say assize be a special writ returnable at a certain  day before the king unless such justice come there before and the trial shall  be in Suffolk and judgement in this case may be give in the king bench at  Westminster by the statute of great paper assize ought to be take in not  common with others county but judgement may be give elsewhere this ancient  course be grow obsolete king be law live Jenkins er p
case XXXI Elizabeth dyer e chantry forfeiture exposition de parols   lamb case  Leon   b a   dyer land of the yearly value of twenty mark be give to the dean  and chapter of Paul and their successor to the intent that they shall pay ten  mark of it to a chaplain to celebrate mass pro death in fide and with the  residue to find a obit the ten mark only be employ within five year before the  statute of chantry resolve by all the judge that the king shall have only the  ten mark for the land be not give to find a chantry priest c but to the dean  and chapter to pay for the whole and the word of the statute be where land be  give to find a priest   two a b
case XXXI h Keyleway remitter recital estoppel before a be attaint of treason  a office be find that a be seize of the manor of dale on the day of the  treason commit the king grant this land to b b afterward reconvey this land to  the king a act of parliament be make by which it be ordain that the say  attainder of a shall be null the king afterward by his patent recite the right  of d who have the right grant this manor to d and his heir d in this case be  remit to his ancient right in this manor by all the judge of England without  this recital d have not be remit but estopped by the acceptance of the say  patent from claim any other right than by the patent h Br case
case XXXI I h fine pur contempt habeas corpus execution London a be condemned  in London for debt and be in execution there afterward there be a indictment  and verdict against he in the king bench for trespass a be bring there by  habeas corpus and plead not guilty to the indictment and afterward be remand  to London and after diverse process of distringa issue against the jury the  jury appear and afterward he be again remove into the king bench by habeas  corpus and the jury be swear he confess the indictment and the jury be  discharge although this indictment be by his own procurement and be Jenkins  covinous yet he be fine and commit to the Marshalsea for the say fine and for  the execution in London by all the judge of England willing non fit in an  unjust manner
case XXXI James rudges case hob guaranty covenant Warrantia chart exposition  de parols a make a lease of land to p to commence five year afterward before  the five year pass a make a lease for life of this land to c with warranty the  five year expire b enter upon c c bring a warrantia paper against a in this  writ no damage nor chattel can be recover and it do not lie in this case c  bring a action of covenant pen the say warrantia paper upon this warranty for  the say eviction of the say five year adjudge that it well lie and affirm in  error this warranty serve for the freehold where the freehold be demand and  evict Jenkins er p and it serve as a covenant where a chattel be evict and the  pendency of the warrantia paper operate nothing in this case for it do not lie  for the reason aforesaid note the exposition ut res to be strong the word  demise make a covenant in a lease for year for the lessee against the lessor  upon eviction but not in a lease for life f n b h Br case the word it agrees  together agreed that a shall have the land for year be not a lease for year
case XXXI Jo James Cr Quarles case ass pl suggestion plaint jurisdiction trial  trespass in a corporate town and the plaint do not show that this matter arise  infra jurisdiction speech curiae it will not serve although the town be in the  margin as the county serve in the margin for the superior court for the  precedent be with the superior court but not with the inferior court such  judgement in a inferior court be void yet a writ of error lie upon such void  judgement to declare it so the king commission to try the title of land be  void for land be recoverable only by original writ dyer f n b trespass way  arms lie in a court of record only fiat quod become to become used
case XXXII Elizabeth Collin versus Collin ejection strong Plowden dyer e  Fitzherbert feoff   Thoroughgoods case Cr   sharp case more Cr James use faits  custom bargain and sale Yel see c cap the father upon the marriage of his son  and in consideration of it use these word upon the land without any deed my  son Eustace after my wife death and I I give this land to you and your heir  for ever resolve by the judge of both bench that nothing passes at this day a  use will not rise without a deed and in this case there be neither a deed nor  livery there be nothing but word only to pass a remainder by the judge of both  bench in city town or burrow by custom a man may pass a freehold by bargain  and sale by parole without any deed livery or enrolment these custom be  preserve and except out of the statute of enrollments of h cap
case XXXII I h dyer livery traverse a office be find that a the king tenant in  capite die seize his heir of full age b traverse the office in chancery where  it be return and have the land in farm the cause show be that a in his  lifetime feoff he who traverse the office pen this traverse undiscussed the  king make livery to the heir and it be well for the king ex debt is owed the  whole of the laws ought to make a general livery to the heir of full age and  ought not to delay it and the traverser be at no mischief for be may enter or  sue the heir if he have cause dower be bring against a guardian in chivalry  pen the writ the heir come of full age the writ of dower abate for the  guardianship end by the act of God and the guardian have nothing of which  dower may be render by all the judge of England the special livery common make  use of at this day be ex agreeableness king there be a special pardon with  this livery and several non to stand before the king may deny it if he will
case XXXII James Cr offley case nugation recovery balance non nocent a make a  lease of certain land for year the January Elizabeth to begin from the feast  of Christmas last pass render certain rend at Christmas yearly during the term  which lease end at Christmas James a by common recovery convey the reversion  to b before Christmas James b bring debt for this rend and do not show in what  action the recovery be have and say that on the first of February the James he  have the reversion which be not possible for the lease have end before  videlicet at Christmas the James and the recovery be insufficient plead yet b  in debt for this rend have judgement affirm in error for b have there version  when the rend be due at Christmas and the say allegation of the reversion be  in he on the first of Feb the d of James be surplusage and although the  recovery be erroneous a stranger shall not take advantage of it res inter  elsewhere acta no one mocet
case XXXII James hob musgrave case Yelv to know facias the place and county  where a action shall be bring a have judgement in the king bench against b  upon a obligation make at dale in Cumberland and so lie to be make and bring a  to know facias upon it direct to the sheriff of Westmorland and have judgement  upon it this judgement be reverse in the exchequerchamber for breve judicial  debet to follow suum originate assessory suum principal but debt may be bring  in Middlesex upon this judgement e dyer this reversal in the exchequerchamber  be res P  a no writ of error lie upon such judgement except in parliament it  be by six judge at least by the statute of Elizabeth cap Elizabeth cap they  have power to examine judgement give in the king bench in certain case  videlicet seven in number express there
case XXXIII ass pl h h challenge   light a the defendant have a action of  battery against the sheriff at the time of make the array between the  defendant and the plaintiff this be a principal challenge and shall quash the  array by all the justice law no one service uneven
case XXXIII Elizabeth ware be case   in sir Roland Heywards case annuity  election more Poph Inst a a ander a be possess of a lease for year of a  rectory determinable upon the life of b grant rend out of this rectory to c  for life b die c not have make his election in the life of b although b be  dead yet c shall have it as a annuity for his life if be will and shall charge  a with it the act of c only shall make the election by all the judge of  England Jenkins this grant have no reference to the lease and therefore do not  depend upon it if the grant of the rend have be during the lease the death of  b will have determine it if a have no estate in the rectory and have make such  grant to c it have be a good annuity to c for life
case XXXIII h h bro case e h r Littl ch villeinage hob two king h grant to the  two university Oxford and Cambridge that they shall have conusance of all  plead rise within the say university so that one of the party be a scholar or  member of one of they there and that they may judge accord to the civil law  this patent be void without a act of parliament for the king can alter the law  by his patent by a private act of parliament make the Elizabeth the university  have conusance of plead as aforesaid and to judge as above except in case of  mayhem life or freehold the commonlaw take notice of the civil law in the  court of admiralty and court of the constable and marshal and of the law among  merchant and of the canon law in the ecclesiastical court and if any case  happen at commonlaw for which there be no precedent the commonlaw will judge  accord to the law of nature and the public good law be dictamen account
case XXXIII I e Br case   b a discontinuance of process h a be indict of  felony in the time of one king he may be arraign upon and shall plead to this  indictment in the time of another king by all the judge because in England non  be interregnum a indictment of felony be contra peace domini king crown rank  svan in noble birth non in atom so of Jenkins er p felony commit in the time  of a usurper the felon may be indict upon it in the time of the lawful  successor a quare hinder bring in the name of the king abate by his demise for  it concern the king in atom but intrusion into the king land or a information  do not abate by the king demise because they concern public officer just and  the king profit a pardon of any treason or felony by a king who be a usurper  be declare king in a parliament consist of king lord and Commons accord to the  course of the law bind the rightful king
case XXXIV e Br case   bevel case guard limitation a hold by knight service of  b by homage fealty escuage and rend the lord have be seize of the rend but  neither he nor any of his ancestor within time of memory be seize of any ware  the seize of the rend suffice for the seize of the ware and of all other  service that be not annual and so of relief the statute of h cap for  limitation of action abrogate all former action by former statute a seize in  law as of homage fealty escuage suffice within this statute to make avowry for  any rend for this be a seize in law and the seize of any annual service be a  seize of all as aforesaid it may be and we see that some man live year some  year this be the reason that the writ of quare hinder the assize of darrein  presentment and the writ of ware be not within the statute of limitation of h  as appear mark cap at this day the statute of limitation which be in force be  h cap mark cap James cap James cap the James cap alter the limitation of  formedons from the course use before
case XXXIV e Fitzherbert to know facias land be render by fine to a husband  and wife and to the heir of their two body they have issue a the husband and  wife die a enter and feoff b with warranty a die d his issue bring a to know  facias against b to execute this fine it do not lie for execution fanctam be  non it remains to to make as west cap speak and if this to know facias shall  lie the feoff shall lose his warranty resolve that the heir in tail be put to  his formedon in this case in a to know facias a voucher noth not lie the feoff  shall not lose his warranty and therefore a formedon only lie for the heir in  tail in this case judgement affirm in error law no one service uneven
case XXXIV Elizabeth dyer parliament exposition de parols usury just public  officer hob h Br case Plowden Yel Cr James roll Contin   more a act against  usury be make Elizabeth cap to continue for five year and afterward until the  end of the first session of the first parliament next follow the say  parliament of the thirteenth be prorogue and another session of the say  parliament be hold upon the say prorogation the Elizabeth and another the  Elizabeth and then the five year expire every session be a parliament in law  resolve in this case by all the judge of England that although the five year  expire and that the end of the session in eighteen be in strictness of law the  end of the first session of parliament after the say five year yet the  parliament in this case shall be construe a parliament which begin by a new  summons and not upon a prorogation and the end of the first session of such  parliament shall be say the end of the first session in the say Jenkins er p  statute this happen to be of the next parliament Elizabeth and this  construction be pro good public
case XXXIV h dyer error Chester gale a erroneous judgement be give in Chester  a writ of error be bring out of the chancery at Westminster to reverse this  judgement and shall be direct chamberlain cestriae sive he locum to hold  returnable in the king bench three month after the delivery of it the tenant  there call judicatores the earth have a month after the delivery of the writ  of error there to consider of the judgement and to reform it if they see cause  if they do not reverse it and the judgement be find erroneous upon this writ  of error in the king bench as aforesaid they forfeit I to the king by the  custom there to be levy upon they this affirmance or reversal of the say  judgement extend only to error upon the record and not to error in facto if  they disaffirm or affirm the judgement another special writ of error may be  bring upon this in the king bench if the party will often adjudge dyer a  erroneous judgement give in the cinque port shall be examine before the warden  of the cinque port at Shepway in ken and if the mayor and jurats there have  give a erroneous judgement they shall be fine in Wales at the great session  there a writ of error lie for personal action to the council establish in the  march of Wales and if they give a erroneous judgement it be final and no writ  of error lie for the act of parliament of the h cap ordain this writ Jenkins  er p of error to the council there and since this act no writ of error have be  grant of such erroneous judgement give by the council there upon error in real  or mix action in Wales a writ of error lie into the king bench fiat prout  become to become used nothing rashly novand
case XXXIV hob hare be case that court be abolish by car cap Cr car the  statute of h c ordain two clerk for the court of ware yet there may be only  one with a non to stand before of the statute for this office be ministerial  it be otherwise of the auditor there for they be a office of judicature by  several judge
case XXXIV I e e dyer traverse confession and avoidance where seize be  material allege in a real action in a bar replication or title it ought to be  traverse and the confession and avoidance of joint seize and survivorship will  not serve for the allegation of seize be positive and be to be understand sole  seize but where the seize be allege by way of supposition as in a writ of ayel  or mortdancestor where the die seize of the ancestor be allege by the word  quod cum in the count there a confession and avoidance will serve for the  reason aforesaid and so if in the writ of ayel the seize be allege in the ayel  ut to say in mortdancestor the writ be for the jury to inquire whether the  ancestor of the demandant die seize Jenkins er p
case XXXIV I h felony rescous sanctuary treason the rescous of any person  indict of felony be felony by the commonlaw counsel shall be allow to a felon  if he have matter in law to plead but he ought to show this matter before  counsel shall be allow sanctuary do not lie for treason at commonlaw nor be  any prescription for such sanctuary allow by all the judge of England at this  day by the statute I James cap all sanctuary be take away
case XXXIV p James rot Cr b r Fleming versus Yates count admiralty in vain fit  per more quod per pauciora become to be able e the recital of the judgement be  sufficient in debt bring upon a judgement in a action on the case for sue in  the court of admiralty for a thing do in corpore county the count be quod per  set up inactat e inter alian to be Jenkins er p quod the jurisdiction of the  admiral shall extend only to thing do super deeply mare and it do not recite  the whole statute nor that it be in parliament yet adjudge good and affirm in  error for it can be a statute unless it be make in parliament and no body be  bind to recite any more of a record than what be sufficient to induce the  action asin debt upon a judgement it be sufficient to recite only the  judgement James cro
case XXXIX Cr more   b a mich James Atkinson versus buckle   b Hallings case  office de court notice light estate sur condition a contract with b and assume  to he to deliver to he quarter of barley on shipboard in such a port videlicet  at BartonHaven in come Ebor and do not mention at what time it be to be carry  thither c a assume to b to carry it and to be at this port with it and b agree  to pay so much for the say quarter of barley a arrive with his boat there a be  bind in this case to seek b at the say haven and to deliver to he the say  hundred quarter as aforesaid a do not perform this although b have Jenkins  perform his promise and be there ready to receive it b bring a action on this  assumpsit and it well lie in the margin of the declaration of this action  community Ebor be mention and no county and yet good judge for b the plaintiff  and affirm in error the judge ex duty take notice of every county community  Ebor be a county the place in this case be certain the time uncertain the law  give convenient time and in this case b after the say agreement come to the  say port and stay there a convenient time and a do not come c
case XXXIX Cr roll James hob Wilks versus jordan ejection strong brief  abatement de Ceo jurisdiction b r Scaccarium reas case Cr James lessee for  year bring a ejection strong the lesser be but tenant for life die pen the  writ the writ do not abate the plaintiff may have judgement and a writ of  execution the statute of Elizabeth cap which give power to the judge of the  common plea and baron of the exchequer to reverse erroneous judgement give in  certain case in the king bench extend to error in fact as death or the like as  well as to error in law appear upon the record a husband seize in right of his  wife make a lease for year reserve rend the wife die the lessee continue in  possession the rend be unpay debt lie for the husband against the lessee for  this rend h it seem not for he have no reversion and the death of the wife  determine this real contract
case XXXIX e Br restitution detinue action sur Le case a appeal of felony be  bring against a for steal the appellant money a be convict of this although  the property of the money can be know yet in odium spoliator and because of  the presumption of law that the felon have no money but that which he steal  the appellant shall have restitution and the like upon a indictment by the  judge of both bench detinue do not lie for money number nor a general action  of trespass de good catallis carry away for there be a special action of  trespass for it Jenkins in the register but ail action of trover and  conversion lie of money number wood case James so adjudge Kynason against more  car cro judge and affirm in error that it lie upon the find of money in a bag  or out of a bag for though in the find and conversion of money the money of  one person can be distinguish from the money of another person all the money  be alike yet the proof that the plaintiff lose so much and that the defendant  convert so much maintain the action if the verdict find it and it be possible  that the witness or the jury may know the loss and the conversion the law  presume a conversion when the defendant deny restitution
case XXXIX e by all the judge in the exchequerchamber a be outlaw in the king  bench although before the exigent be award in this court a supersedeas to it  be there of record yet this outlawry can be reverse without a writ of error  but the court in this case will grant a writ to the escheator that he shall  not seize the good of a and if he have seize they to restore they to a upon  his give security to be answerable for they if the outlawry stand such  outlawry in the common plea shall be reverse without a writ of error after  judgement in trespass for a against b where the king be entitle to a fine by  the judgement and a capias pro fine be award for the king before b be take  upon it the king attorney may grant a supersedeas to stay it but not afterward  for upon the prayer of the plaintiff he may in execution for the plaintiff  within the year or after Garnon`s case   Jenkins er p the form of a writ of  error in the say principal case be without mention of the party or of the  cause in suit the erroneous award of a exigent after a supersedeas be there of  record be only mention if a infant be admit by guardian a record be make of it  in the common plea but not in the king bench after a writ of enquiry of damage  be award continuances be use in the king bench but not in the common plea a  issue join to be try be recite in the venire facias in the common plea but not  in the king bench the process against juror to try a issue join in the common  plea be venire facias habeas corpora distringa in the king bench venire facias  distringa without a habeas corpora and both course be law for all the usage of  the court of Westminster be law nil rashly novand custom royal power England  et law England
case XXXIX e Fitzherbert trespass ass pl trespass be bring by a against b way  arms contra peace for the take and detain of charter and be noth not show in  the count what land the charter concern the defendant plead not guilty a  verdict be find for the plaintiff he have judgement for I damage it be affirm  in error because that this action be trespass Jenkins er p in which damage  only be recoverable and not the charter and also because no exception be take  to the declaration before verdict Jenkins detinue of charter the count ought  to mention the land which the charter concern and the value of the land for  the plaintiff in this action recover the charter and if they be destroy the  value of the land in damage note what respect the judge of this time give to a  verdict although the count be not sufficient yet because the party admit it  the judgement give in such case be not reversable after verdict the statute h  cap recite that it be a dishonour and reproach to the law that for any fault  of a counsellor or attorney any judgement shall be stay or reverse after  verdict and ordain that it shall not be true it be that the proper form of the  law ought to be observe otherwise ignorance and confusion in the science of  the law will ensue by demurrer and exception before verdict these form may be  preserve but for the honour of the law and repose of the subject this statute  ought to be literal observe to cause to stand pro public suitably late to  explain
case XXXIX h h h h jurisdiction return de viscount trespass be bring in the  common plea and a capias duly issue against the defendant upon this capias the  sheriff return that ante arrival Self short catalog the defendant be indict  before the justice of peace for a riot of which he be convict and fine and for  security of the peace be in custody of the sheriff and he have his body at the  day in the capias mention in the common plea the defendant be award to plead  to the say action and find mainprize and he be remand to the country for the  offence aforesaid for the common plea have nothing to do with perjury riot or  surety of the peace if they do not happen in the common plea if they happen  there that court will punish those offence there upon indictment and  conviction by fine and imprisonment by the judge of both bench at white friar  it seem that there be no sergeant inn then
case XXXIX hob earl of Somerset case Syd Cr James a have a lease for year in  trust for b b be attaint of felony the king shall have it
case XXXIX I h h trial peer appeal the trial of a peer of the realm for  treason or felony be by indictment and upon this indictment he shall be  arraign before the constable of England or the high steward and he shall be  try by his peer upon their honour not upon their oath there see Gul ch that  all the lord of parliament shall be summon   b must be peer at least and the  low peer shall give his verdict first and so seriatim by all the judge of  England if a appeal be bring against a peer for the death of a man or any  other felony his trial shall be by knight and gentleman
case XXXIX Yel h Elizabeth barn versus Wolwitch I Cr coke usury Yel if land of  value per and be mortgage for for a year and the mortgagee occupy the land and  it be worth something more than per and this be not usury for care labour and  the Chargeable culture of it be to be consider annae cap resolve by all the  judge of England where interest run to per cent and a bind or mortgage be take  for half a year for and for other at the end of the year that this be not  usury a mortgage and a bind to pay the interest be not usury but a double  security to take more than per cent in the case where the bind or mortgage be  forfeit be not usury I have venture to render the passage within this mark r I  different from the French which I take to be misprint and which run thus in  mortgage comment ne soit covenant in Le indenture de mortgage quod mortgagor  enjoyera Ceo jesque default de payment sil mortgagee ne priest Le use less  profit nest usury in a mortgage although there be a covenant in the indenture  of mortgage that the mortgagor shall enjoy it until default of payment yet if  the mortgagee take the use and the profit it be not usury I promise to b for  interest at the end of the year and b pay the interest but have not the of a  this be not usury it be only a breach of Jenkins promise h cap Elizabeth cap  James cap be the statute now in force for usury if a grant of a rend or a  lease for per and for year of land which be worth per and be make for it be  not usury if there be not a agreement that this grant or lease shall be void  upon payment of the principal and arrear incur or the like when more be pay  than per annum when interest run so although a agreement be by parole as above  and the grant or lease be by deed or fine levy upon such agreement it be usury  notwithstanding by the force of the say statute
case xxxv e dyer corporation college university chantry   b sty the college of  Greystocke be find by pope Urban without the king and it consist of a master  and six priest which be bind to pray pro death in fide the master be  presentable to the bishop and be admit by he and be not by election they have  not a common seal nor any certain place of habitation nor land but per annum  pay to the master but in the book de firstfruits I e of first fruit it be call  the college of Greystock it be resolve by the judge of both bench that this  college be not within I e cap for the cause aforesaid the king only can make a  corporation no other body can prescribe to do so dyer   case of sutton  hospital Jenkins the statute of h cap give to the king all college in the  university by the express word of all college without exception the word be  general the king concur to make those college their bead be eligible also they  have a common seal and every thing which belong to a college this be a  barbarous act by the petition of the university to king h they be save and the  statute of I e cap have express word to save they see the chronicle of the  Lord Herbert of cherbury p in the history of this year he have these word h  cap give to the king all the college in England and Wales and their possession  dr Cox who be tutor to king e and other save they by petition the king
case xxxv Elizabeth dyer Elizabeth cap Elizabeth cap dyer licence dyer  forfeiture patent authority revocation and more Poph   b dyer Leon more Leon  roll Rep the king licence a to go beyond sea for a certain time after this  time be expire a be command under the privy seal upon his allegiance to return  into England be do not obey his good chattel and land be seize into the king  hand for this contempt resolve by all the judge of England that if a in this  case have a manor where there be copyhold and timber fit to be fall each  season that the king may grant the copyhold and sell the timber of it to be  fall if the king make two steward to keep court there one of they by himself  although with the consent of the other can neither keep court nor grant copy  for they have a joint power in this case the king grant Interrog  in shades of  dead our men before to touch be good and such patentee may keep court in his  own name grant copy and sell seasonable timber a grant of a wardship Interrog   in shades of dead our men before to touch be good so of the land of fugitive  so of the profit of land of a person outlaw in trespass or any personal action  so of land which a felon attaint have in right of his wife for these be only  chattel in the king outlawry in debt trespass or other action give only  vesturam term to the king he can have the land or sell seasonable wood as in  the case of fugitive h where the king have a estate in fee or for life in any  land the king grant of it Interrog  in shades of dead our men before to touch  be a void grant for such a grant be never hear of and it be not determinable  by any collateral mean as in the case of a ware by livery at full age or make  he a knight in the case of fugitive or outlawry by pardon or death the king  may revoke his licence to stay beyond sea for a certain time before such time  expire for this concern the loyalty of the subject and the public good
case xxxv I h h   light b guard intrusion dower tenant per la courtesy the  king tenant in capite die his heir within age before office find he may enter  and take the profit and after office find he ought to waive the possession and  answer to the king for the profit take if he enter after office find and after  this intrusion take wife she shall not have dower by the statute of tribe  which voted first king cap it be otherwise if he take wife before the office  find and afterward intrude there dowerlies for the title to dower be before  the intrusion the heir can enter after office find without a livery or  ousterlemain by all the judge of England this statute of tribe which voted  first king do not extend to tenancy by the courtesy
case xxxv James lane versus Mallery hob action sur Le case choose in action  maintenance do b be indebt to a by obligation and c be indebt to b by statute  in the like sum b deliver the say statute to a in satisfaction of his debt  this be lawful and no maintenance c die the executor of c or one who pretend  to be so pray a to deliver he the statute and assume to pay the say debt of b  a deliver the statute to he this executor do not pay the say debt of b a have  judgement against he upon this assumpsit affirm in error this delivery be a  good consideration on the part of a for the say executor may cancel it h a  gift of a obligation to a stranger be good the sale of it be maintenance if it  be not to the debtee of the donor or vendor
case xxxv p James b r stannery error fiat quod become to become used a  erroneous judgement be give in the stannary court for matter of the stannary a  writ of error do not lie but a appeal to the vicewarden and from he to the  warden and from he to the duke but for collateral matter riot concern the  stannary a writ of error lie in the king bench
case XXXVI e e e see Rastals stat r ch r ch replication intendment in trespass  upon the statute of r ch the defendant plead that a long time before the  trespass a be seize of the land in fee and be so seize give it to the  defendant father in tail who die seize and the say land descend to the  defendant and give colour to the plaintiff by a the plaintiff reply that he be  seize in fee till the defendant enter upon he and oust he and he traverse the  gift in tail and this be well by all the judge of England for no possession  shall be intend in the defendant but by this estate tail which he himself have  plead a estate tail can be gain by seize melior be condition to have and hold  where neuter law to have
case XXXVI e Fitzherbert conusance the king grant conusance to a of plead rise  within certain bind the king grant to b the like conusance within the same  bind c bring a praecipe quod To give back against d for land within those bind  both a and b claim conusance the demandant and tenant agree to the conusance  but the tenant do not join with either of the patentee this controversy  between the patentee shall not be try in this case because of the delay of the  demandant which such trial will occasion but by all the council the conusance  in this case shall be grant to he who first demand it and the right of the say  patentee shall be try in another action between they
case XXXVI h petition h cap a escheator seize the land of a prior alien  without cause the king commit this land to a the prior in this case have no  remedy but by a petition of right and the petition be endorse by the king let  right be do and send into the chancery a to know facias shall be award against  the committee and upon this the prior shall have restitution a traverse do not  lie for no office be find and a assize do not lie upon the statute of the I h  cap for this statute provide a assize against the king patentee who by his  patent have the land to his own use but in this case the king have it and no  freehold be pass to the committee by the justice of both bench
case XXXVI I h prerogative grant Br grant h the king can grant power to any to  make justice of oyer and terminer but he ought to constitute such justice  himself for it be a high prerogative a grant to pardon treason be void but in  Scotland and Ireland such grant to be execute in the name of the king be good  and so to make knight there the distance of place and sudden occasion and the  king absence make the difference by all the judge of England
case XXXVI more versus Musgrave hob roll Abr m Plo a Alleyn style die the  plaintiff in ejection strong count of a lease make the maii James from the  annunciation of the virgin mary last pass for twenty year ex tunc next ensue a  jury find the say date and demise from the say feast for twenty year next  ensue the date this case be in ejectment and the ejectment be lie on the same  day maii James so it appear that it refer to the make of the lease and the  make and date of it be at one day the plaintiff have judgement affirm in error  Jenkins er p
case XXXVII   b h Stamf principal and accessary appeal there can be a  accessary without a principal and the principal ought to be attaint before the  accessary be arraign upon a indictment against he as accessary for it do not  clear appear that there be a accessary if the principal be not attaint it be  not possible that there shall be a accessary either before or after the fact  without a principal where a appeal be bring before the coroner no exigent  shall be award against the accessary before the attainder of the principal for  the appeal make a express distinction of principal and accessary but where a  appeal be by writ of appeal it be not so there be no such distinction make in  the writ and a exigent may be award against they both upon their default and  if they appear one jury may pass upon they both but the principal ought to be  first attaint before the arraignment of the accessary if the accessary be  arraign erroneous and acquit before the attainder of the principal he shall  not afterward be question for his life auterfoits acquit be a good plea in  this case error in the attainder of the principal will not avail the accessary  because he be no party to that record
case XXXVII e h ch brief forcible entry indictment a writ of forcible entry be  bring upon this statute that the defendant enter with force and hold in with  force in the copulative whereas the statute be in the disjunctive this be  adjudge good and affirm in error for it be a great crime in the copulative for  both enter and detain with force than in the disjunctive a indictment ought to  pursue the word of a statute a indictment shall not be take by equity as a  writ may cro James all things majus to clasp in see quod minus be who to hang  in litter to hang in made from bark and upon such writ in the copulative find  for the plaintiff he recover Triple damage and Triple cost
case XXXVII h Ayd Le roy statute de bigamist king e grant to a the custody of  woodstockpark for life b who have a patent of it for his life from king h  enter and ousts a a bring a assize against b b in this case shall have aid of  the king by virtue of the statute de bigamist cap for perhaps the office be  forfeit by the default of a by all the judge in the exchequerchamber
case XXXVII James Wollaston versus web hob action sur Le case consideration  count debt a count in assumpsit against b that b be indebt to he and b assume  that if a will forbear suit for it for a month that he will pay the say upon  non assumpsit plead it be find for the plaintiff he have judgement affirm in  error although no consideration for the debt be allege in the count for the  verdict imply a debt and the forbearance make the consideration where debt be  bring without such circumstance of forbearance a particular consideration  ought to be show in the declaration
case XXXVII mich James b r bag versus Slade rot   Pinnels case assumpsit  consideration ex nude bargain action non be born a and b be bind for a three  person as surety for he to pay to c b assume to a that if a will pay the say  to c that he b will pay he a the moiety of it a pay the to c this be a good  consideration so adjudge for a and affirm in error a be bind in to b a pay he  in satisfaction of it it be not a satisfaction but if upon this b assume to  deliver the say bind to a this be a good consideration any benefit to he who  promise be a good consideration and any prejudice damage or labour sustain by  he to who the promise be make be a good consideration
case XXXVII thou Lord lane go a chantry I e cap sergeant Budlowes devise land  to four man in fee to find a priest to sing mass for the soul of the depart in  the faith if the law will permit this devise otherwise to certain poor man to  be appoint by the devisees and their heir by all the judge of England this  devise be not within the statute of chantry
case XXXVIII mich James b r Furrer versus Snelling dyer covenant debt  miscasting balance non nocent Yel covenant for payment of rend of per annum  for four year and a half and for nonpayment of accord to the say covenant the  action be bring Jenkins er p adjudge good and affirm in error for in covenant  damage only be to be recover and this surplus in miscomputing shall be abate  it be otherwise in debt for rend where more be demand than be due for in this  case the debt demand only be to be recover
case XXXVIII Plowd Fogassas case in the time of e custom and subsidy necessity  agreement exposition of a statute the statute of I e cap ordain that if any  merchant unlades any of his good the custom not be pay or the collector agree  with that the good shall be forfeit a merchant stranger in his voyage by  reason of a great tempest which happen he in his voyage to lighten the ship  throw so much of his merchandise into the sea that he do not certain know how  much it be upon his arrival in port he notify it to the collector and they  agree for so much and if more be to Jenkins er p be find in the ship that he  shall pay for it resolve that this uncertain agreement be sufficient because  of the say casualty and the merchant invincible ignorance of the content of  the lade by all the judge quod relative be to be for sale
case XXXVIII Yel ass pl hob Littl lib cap e e Fitzherbert inquest verdict dyer  h   a   Dowdales case a replevin be bring of cattle take in Middlesex the  defendant avow for homage not do for land hold in Middlesex by the plaintiff  from the avowant the plaintiff reply a tender of homage to the avowant at dale  in the county of Surrey issue be join upon this a verdict by a jury of Surrey  find a tender of the homage to the defendant as the plaintiff have allege this  verdict assess damage for the take of the cattle in Middlesex the jury be of  another county the plaintiff have judgement affirm in error rend be tender to  the person of the lessor on the day of payment he can it distrain for this  rend without demand it from the person of the lessee homage tender out of the  land for which it be due be hold good a jury of a foreign county where a issue  be join that be triable there may find damage incident to the action for they  be accessary assessory sequitur suum principal no one debet pro One causan his  to shake
case Yalden versus HUBBURB in c b judgement shall not be arrest after a  verdict where entire damage be give though part of the time be to come at the  time of trial ld raym vin Abr title damage r pl this be a action upon the case  for divert a watercourse on the saint of January george and continue it to  march per quod the plaintiff lose the benefit of the watercourse abind till  Apr tunc neighbor sequen and after a verdict for the plaintiff sergeant  Pengelly move in arrest of judgement that entire damage be give when part of  the time be to come at the time of the comens trial for as he allege  continuance till march which be not yet pass and the damage be give for the  time till April neighbor sequen that be till April next and so the jury in  their give damage have consideration of a time not pass at the time of their  give the verdict and it be liken to the case of Hamilton versus veer sand raym  SC lev SC keb S c vin Abr title damage Q pl above p a which be a action upon  the case against a apprentice for relinquish his service before the end of his  term per quod slavery to send away per tot resid termini pillage when only two  year of the five for which he be bind be pass and after a verdict judgement be  arrest for that damage be give for the loss of his service during the whole  residue of a term of which part be not then incur say non allocatur for per  cur the time mention march not be then incur it be impossible for at the time  of the action it be not possible that the diversion of the watercourse have  continue till a time then not to come and therefore when he allege that he  lose the benefit of the watercourse till Apr prox sequen that be also  impossible and therefore the jury can not have any consideration of it  judgement be give for the plaintiff comens er p
case yard against ford see S C wms S e r with note a action will lie for erect  a market to the injury of the plaintiff market although they be hold on  different day S C sand S C lev S C vent S C ray S C keb roll Abr roll Abr Mod  Mod Jones move in arrest of judgement a action upon the case be bring for keep  a market without warrant it be in prejudice of the plaintiff market the action  he say will not lie because the defendant do not keep his market on the same  day that the plaintiff keep his which he say be imply in the case in roll  sander contra upon a writ of ad quod damnum they inquire of any market general  though not hold the same day in this case though the defendant market be not  hold the same day that we be yet it be a damage to we in forestal our market  Twisden justice I have not observe that the day make any difference if I have  a fair or market and one will erect another to my prejudice a action will lie  and so of a ferry it be true f r one to set up a school by I be damnum without  in an unjust manner order to be move again and afterward judgement be give for  the plaintiff
case yare versus gough a administrator de good non can bring a to know facias  upon a judgement obtain by a first administrator for a debt due to the  intestate post more Yelv   cro car ld ray Mod Bac ab upon demurrer the case be  that the defendant be indebt to Cooper who die intestate administration of his  good be commit to I S who bring debt and have judgement and die before  execution and the administration of the good of Cooper the first intestate be  commit to the plaintiff who take a to know facias upon that judgement  comprehend all this matterIt be thereupon demurrer whether it lie or no gawdy  justice hold that it well lie for the duty remain be as a debt to the  intestate and be recover continue with he in that nature and be turn into a  judgement the second administrator shall have a special to know facias to  execute it but the other three justice hold that the action be determine and  he can have a to know facias for default of privity croak throw and therefore  be put to begin again wherefore it be adjudge accord unless c Henry pl but now  by car c make perpetual by James c a administrator de good non c may sue a to  know facias and take execution on such judgement after verdict Mod see also  will c
case yates against CLINCARD see Cuthhert v Robinson lj Ch devise of a house  with the appurtenance will pass land in the field except the one he copyhold  and the other freehold ante cro James lev blow cro Oar   Com dig will Bl Rep  peer wms term Rep ejection firm for certain land in astonclinton in the county  of buck upon evidence to a jury a devise be show of a house with the  appurtenance and thereby land in the field be claim Popbam doubt whether it  shall pass but Fenner say that it well may pass and that upon demurrer in  Elizabeth t be adjudge accord the defendant then to make it clear show that  the house be copyhold and the land freehold and the whole court thereupon  conceive that it can not he say appurtenant although it have be use with it  wherefore the plaintiff be nonsuit a but now by James c the want of the name  be aid croak Elizabeth er p
case yates against FETTIPLACE a portion devise out of land Payable at a future  day if the person to who Payable die before the day of payment it be sink  aliter out of personal estate S c vern S c Prec Ch S c Eq ab S c Freem S c ld  ray a seize of land in fee have issue a daughter and by his will he charge the  land with five thousand pound for her portion to be pay at her age of  twentyone year or day of marriage and die the daughter die at six year of age  second husband of the daughter mother take out administration to the daughter  and to mother his wife the question be whether he shall have the five thousand  pound or whether it shall be sink for the benefit of the heir and my Lord  chancellor summer decree for the heir and hold that in all case where a man  charge a sum certain to be pay as here out of the real estate there if the  person die the money shall be sink for the benefit of the heir but if a man  devise a personal legacy or a sum to be pay out of a term for year and the  legatee die before the age c the executor or administrator of the legatee  shall have the money because it be debt is owed in prsenti though to loosen in  going to be b
case yates versus HAMBLY December SC post where a mortgagee in fee have make a  absolute conveyance with several limitation and remainder over the first  tenant in tail at least must be bring before the court a objection be make for  want of party the bill in this case be bring to redeem a mortgage of long  stand the objection be that as there have be a absolute conveyance make of  this estate by the mortgagee without any clause of redemption with several  limitation over the person in remainder under this conveyance ought to have be  party Lord chancellor where a mortgagee who have a plain redeemable interest  make several conveyance upon trust in order to entangle the atkins affair and  to render it difficult for a mortgagor or his representative to redeem there  it be not necessary that the plaintiff shall trace out all the person who have  a interest in such trust to make they party but where the redemption depend  upon equitable circumstance and the plaintiff be not in the common case of  redemption and where the mortgagee in fee have make a absolute conveyance with  several limitation and remainder over the decree can be complete without bring  at least the first tenant in tail before the court
case yeoman against STENLACK entry of the attorney warrant dougl error the  entry of the warrant of attorney of the defendant be to put down loco but say  not his but the entry be that the plaintiff to put down loco his and that the  defendant to put down loco similiter it be good enough and the judgement be  affirm
case yield against faith Trinity term Elizabeth roll it be a good custom that  the parson be oblige to keep a bull for the use of the parish and to a action  for the nonfeasance not guilty be a have plea say qucere I roll Abr more Mod  skin bull n p dougl action upon the case against the defendant as parson of  Quarleys in the county of Southampton whereas within the say parish there be a  custom that the parson there at all time of the year have use to keep within  the say parish a common bull and a common boar for the common use of the cow  and sovus of the parishioner at any time whenever Inecesse foret for the  increase of calf and big within the say parish that the defendant be parson  there for three year have not keep any bull or boar there by reason whereof  the plaintiff be a inhabitant there have lose the increase c the defendant  protestand that there be not any such custom plead not guilty and thereupon  the plaintiff demurrer for in a action for a nonfeasance not guilty it be not  any plea for there he two negative which can make a issue no more than two  affirmative Henry pl but in a action for a misfeasance it be otherwise and of  that opinion be the court and that it be a good and reasonable custom and that  every inhabitant whohath prejudice by the not keep of the bull or boar may  well maintain his action wherefore it be adjudge for the plaintiff a   Henry  pl Henry pl Owen kelw yely Bulst Fitzherbert dam bro dam salk cro James see  the case of Sandiford vers Hean b r hill croak Elizabeth er p
case york against allen if verdict in c b he affirm on attaint in b r the  court shall award execution on the first verdict Ro ab Bac ab salk attaint be  bring in the common plea of a verdict in banc regince whereupon the record be  remove and there the verdict be affirm and now the plaintiff in the first  action pray execution accord to the first verdict as Edward dyer S and Popham  and the other justice hold that he shall have execution for the justice in the  common plea may not award execution for they have but only course Tecordi but  if the verdict have be disaffirmed and execution on the first verdict have be  have before the court of the common plea may have award restitution very well  and afterward execution be award accord
case young against Englefield if the paperbook and roll in a action of  trespass describe it at GraysInn and it be enter on the postea GravesInn a  venire de to make new shall be award roll ab Cowp dougl Bac ab trespass de  enclosed space to break in pieces in the parish of Pancras abut upon  graysinnlane the defendant plead not guilty and the record of the nisi prius  be GravesInnLane wherefore by reason of this misprision because there be no  such place the plaintiff be nonsuit but now in regard the paperbook and the  roll be good videlicet graysinnlane which be the true place and it be but a  misprision in the record of nisi prius which be void be variant from the  record here a venire facias be pray de to make new to try this issue and a  precedent be show in the case of farthing v dapper a where ill ail action upon  the case upon a promise in consideration that he promise to pay ten pound  within six week the defendant assume to do such a thin and for nonperformance  bring the action and upon non assumpsit plead the party be at issue the record  of nisi prius be in consideration that he promise to pay ten pound within six  month and for this variance be against the truth and the former record the  plaintiff be nonsuit and upon advisement of two precedent a venire facias de  to make new be award and the issue be try for the plaintiff judgement be give  for the plaintiff And this precedent be show in court and the roll thereof  well weigh the court now hold that it be a good precedent b and stand upon  good reason for the record of nisi prius ought to be warrant by the roll and  vary from it be void and the nonsuit upon it be not material wherefore they  award here a venire facias de to make new
case young against pridd Hilary term car roll in the exchequer Chamber a  judgement recover by a husband alone for the forcible abduction of his wife  will not bar a action by husband and wife or by the wife alone after her  husband death to recover damage for the battery Yelv godb trespass by the  husband alone for that the defendant the four day of October James assault  beat and illtreated the wife of the plaintiff and carry her away with such his  good and detain her for half a year per quod source of comfort et consortium  croak car who to have to be able with his say wife be lose et alian irregular  a ei to bring in ad damnum c upon not guilty plead the verdict be find for the  plaintiff and judgement give accord on which a writ of error be bring in the  exchequer Chamber the error assign be that the husband have bring this action  for the battery of his wife which he can do without his wife and have recover  damage for this battery and therefore the judgement erroneous but all the  justice and baron hold that the husband in this action do not recover damage  for the battery of his wife but for the loss which he have in want her company  and the per quod consortium and abduction of her be one entire conjoin act and  for that cause the damage be give for the battery true it be that the wife  ought to have join to recover damage and this verdict and judgement do not bar  the wife to have a action after the death of her husband for the battery or  she may join with her husband in another action and a precedent be show of  James hide v scissor b where such a action be bring verbatim as this action be  in the king bench and recover and afterward a writ of error be bring and the  judgement affirm and so all the justice and baron here hold whereupon this  judgement be also affirm
case young against rud whatever be give in satisfaction must be take in  satisfaction S c Mod S c salk S c comb S c ld ray S c Carth assumpsit for good  sell the defendant plead that he give he a beaver in satisfaction and that he  accept it in satisfaction the plaintiff reply by protestation that he do not  give it in satisfaction without hoc that he do not receive it in satisfaction  per curium plead the give in satisfaction without the receive in satisfaction  be not sufficient for there must be a mutual act do one must give and the  other must take and in this case either of they be traversable judgement be  give for the plaintiff a
case young against the hundred OF TEDCOMBE a action on the statute of hue and  cry be good after verdict although it do not direct aver the place where to be  within the hundred SC Mod SC comb SC Carth action upon the statute of hue and  cry and after verdict except in arrest of judgement that the robbery be lie to  be S near qaendam locum peremptory or urgent call four mile gate infra  hundred praed in come Dorset pillage and so not certain that the robbery be in  the hundred for it may be out of the hundred and yet nigh a place within the  hundred but per curian infra hundred shall refer to both beside it be after a  verdict another exception that it do not say it be in the highway the court  the law be that it must be in the highway and otherwise they can not have have  a verdict but this be lie accord to the statute and the precedent in rastal  and coke be accord without mention any thing of a highway beside it must in  this case be in the daytime but it need not be aver in the declaration that it  be in the daytime a judgement for the plaintiff
case young against watson easter term Elizabeth roll variance I term Rep Com  dig error in venirefacias post detinue of good the writ be ad valentian twenty  pound the declaration ad valentian forty pound it be adjudge error and the  judgement reverse and in another writ of error hetween the same party pasch  Elizabeth rot croak Elizabeth first error assign be that there be not fifteen  day hetween the testae a Sedgucere for by I James c S it be make high treason  to convert other to popery I Eawk croak Elizabeth er p and the return of the  venire facias but it be hold that this be clear help by the statute of  Jeofails second error that the v venire facias have no return for the statute  do not help nonreturns but misreturns and this be hold error for the jury  appear without warrant and for this cause it be reverse
CASEBROKE against HELLIAR execution notam by course of the court after verdict  on the writ of enquiry the next day the plaintiff may have become facias  return before the rule for speak in arrest of judgement be out at the first  day in bank if this be in to London or Middlesex and only to entitle the party  to a testatum be made fa ex motion sergeant Windham report by Linesy secondary  also the testatum may be testae the day of the return of the former to know  facias
Casey against BEACHFIELD Monday Nov I g in court S c Prec Chan plaintiff not  to be examine as witness contra of defendant see lucas r in this case it say  by Mr Vernon that the reason you can it examine any of the plaintiff as  witness in the Cause be because if the Cause miscarry the plaintiff will be  liable to cost and therefore their swear be to exempt themselves and it be  their own choice that they be make plaintiff for without their consent they  can not have be make so but the defendant be force into the Cause and if their  be make party shall absolute invalidate their testimony it will be in the  power of any one who have a mind to oppress another and deprive he of his  defence to make the most material witness defendant in the Cause and therefore  any of the defendant to a suit may be examine as a witness save just exception  to their credit capacity c
CAsF anonymous a servant may justify the bring of his fellowservant v  Elizabeth arms from a conventicle r a alehouse by the command of his master a  action of assault battery wound and false imprisonment for a hour be bring  against the defendant who plead quoad venire way et arms not guilty and as to  the imprisonment be justify as servant to the sheriff attend upon he at the  time of the assize from who he receive a command to bring the plaintiff be  another of the sheriff servant from the conventicle where find of he he to wit  the defendant do calmly manus to place upon upon the plaintiff and bring he  before his master who be eaden transgression to this the plaintiff demurrer  first because the substance of the justification be not good for the servant  can not thus justify though his master may for the lord may beat his villain  without a cause but if he command another to do it a action of battery lie  again t he Henry pl secondl but though this may have be good if well plead yet  it be not good as plead here for the defendant say quoad venire way et arms  not guilty but say nothing of the wound which can be justify and therefore  this plea be not good for this reason it be clear resolve that the plea be ill  but the court incline that the substance of the plea be well enough the chief  justice and Scroggs justice be of opinion that a man may as well send for his  modern er p servant from a conventicle as from a alehouse and may keep he from  go to either of those place and the chief justice say that he once know it to  be part of a marriageagreement that the wife shall have leave to go to a  conventicle but in this case leave be give to amend the plea and put in quoad  vulnerationem not guilty and it be hold that though the party have join in  demurrer yet the defendant may have liberty to amend before judgement give
castle against boucher hilary geo Skinner move to change the venue from  Middlesex into Herefordshire in a action for scandalous word the word be not  mention in the affidavit but only that if such word be speak as in the  declaration they be speak in Herefordshire and not in Middlesex hold bad
castle against DINELY Pasc car banc Reg Trin car rot error to reverse a  judgement in a action upon the case castle bring a writ of error to reverse a  judgement give against he in the court it OwseBridge in York in a action upon  the case upon a assumpsit the error assign be that the day of the month in  which the promise be make be in figure to this the council on the style report  other side say that heretofore it have be hold to be error but now since the  statute of Ieofailes after a verdict be no error but I turner of council with  the plaintiff in the writ of error say that it be a material exception now for  the assumpsit be the ground of the action and therefore the day must needs be  material another exception be that the venire be venire facias duodecen c de  bailiff tua and the venue be in the city of York but to this exception it be  answer that the record be de community Eborum in bailiff tua and so it be well  enough and of this opinion be the court but the court hold the first To take  out on to be good whereupon the council for the defendant in the writ of error  pray the judgement may be reverse for his client dispatch and so it be
castle against grave one c on a bailbond mich geo the court order all proceed  to be stay it appear that the defendant in the original action die before  judgement can have be obtain thereon against he Bootle for defendant prime for  plaintiff
castle against Willey Saturday June bail Siderf pl Symson pray common bail may  be accept of a administrator upon a habeas corpus albeit special bail be put  in below in the Marshalsea because below no special bail ought to be put in  and per curian they ought to be discharge on common bail and so per curian in  all case of executor and administrator this be a way to discourage suit in  inferior court and the habeas corpus bring for this cause that they may be  discharge and so they be
castle and carter import of the word quamplurimi and S c upon error from  Ireland on a long special verdict in a information in the nature of a quo  warranto the constitution appear to be that the mayor of Clonmell be to be  swear before his predecessor and the free burgess or the major part of they  that by the verdict it be state that the defendant be choose per maximum  rhythm a voting of the free burgess present per mayor parten of they and swear  in present time quamplurimorum liberor burgensi it be agree that since penders  case in the house of lord the judgement of ouster will be good if the swear be  defective and therefore I only apply myself to that and insist that  quamplurimi only signify very many and it be the strong here when it be oppose  to the word maximum rhythm and strange mayor parten and it will be dangerous  to let they depart from the know expression to denote a majority et per curian  the proper interpretation of the word be a good many and this be too lose a  expression to make a title upon against the crown so the judgement of ouster  be affirm
castle and wife against Whitaker trinity geo girdler move for the defendant to  show cause why it shall not be refer to the prothonotary to examine what be  due for the plaintiff debt in order that defendant may have the benefit of the  lord Act upon a affidavit that only remain due though defendant be charge in  execution for upward of court refuse that rule but make a rule to show cause  why upon payment of the and cost to be tax defendant shall not be discharge
castle vers richardson barn b r SC parish officer of a donative be subject to  the spiritual court libel in the ecclesiastical court for not take upon he the  office of chapelwarden the defendant plead that it be a donative and thereupon  move for a prohibition and upon debate the same be deny the whole court be of  opinion that though there be a difference as to the incumbent yet as to the  parish officer there be none for they be the officer of the parish and not of  the patron of the donative strange report er p
Castleman against Hobbs in a action of the case for say thou baste steal half  a acre of corn innuendo corn sever the defendant demurrer upon the declaration  Fenner it be not felony to move grain and take it away Popham agree to it and  that the word innuendo will not alter the case unless the precedent word have  vehement presumption the corn be sever and in this case no man can think that  the corn be sever when the word be half a acre of corn on the contrary if the  word have be that he have steal so many load or bushel of corn and gawdy be of  the same opinion and judgement against the plaintiff c
castleton v fitzwilliam feme covert who husband be in the galley must answer  matter of equity wherewith she be charge the plaintiff show that his bill that  he fraught a ship into Spain which be there confiscate and all his good for  the defendant caryi husband be master of the ship have a English book find in  the ship contrary to the law there which he be forewarn of and know the law  and the defendant husband be condemned to the galley for fourteen year and  since the plaintiff as well for his own relief as for the relief of the  defendant devise to obtain licence from her majesty for transport sixty tun of  beer yearly for eight year the commodity whereof caryi er p to be equal  between they and the bill exhibit to her majesty be in both their name and the  party of the charge but the defendant cautious get the same alter into her own  name and have sell the same away without yield the plaintiff any profit the  defendant do demurrer because she be a feme covert it be order a subpoena be  award against her to make a better answer Castleton plaintiff Alice  fitzwilliam defendant year Elizabeth
CASWALL vers martin appearance cure defect in process Cas tempt hard S c the  latitat leave out the word de plea transgression common bail be strange report  er p file by the plaintiff declaration leave in the office which the defendant  take out and then move to stay the proceed and upon show cause strange insist  that the error in the process be cure by the appearance and cite salk and the  case of Widdrington v Charlton where in a appeal of murder it be so hold so  pasch Geo Morgan v Luckup there be no English notice under the strange process  and yet take the declaration out of the office be hold to cure it whereupon  the rule to stay proceed be discharge wright all v miller m Geo Tidds prac of  KB and see Marquand v mayor c of Boston barn
caswell and norman when a writ of error be bring by a executor how far he  shall pay cost or not Mr Dennison move that the court will give direction to  the master to allow cost against a executor upon a writ of error bring by he  on a judgement charge he with a devastavit Mr Parker argue on the other side  and say he shall not contend but in case of this sort executor must put in  bail upon writ of error and so be side but the statute that give cost upon  writ of error he conceive do not extend to executor because they do not pay  cost upon the original judgement the chief justice say that it be true indeed  that plaintiff executor do not pay cost upon the original judgement but it  have be always hold that defendant executor do the same distinction he think  ought to be observe upon writ of error especial as in the present case the  executor be find to be guilty of a devastavit the be of the court agree with  the chief justice accord direction be give to the master to allow the  defendant in error his cost Barnardiston king b er p
caswell vers norman where executor shall pay cost barn b r Cun h black n S c a  executor bring error of a judgement after a devastavit and the court hold he  ought to pay cost on affirmance vide saltern v win post William et all  Exenitors v Ryley in cam chess h black
caswell versus norman a devastavit be return against a executor and a general  judgement give against he upon which he bring a writ of error and the  judgement be affirm and Mr p move that the master may be order to tax cost in  this case and after argument it be grant for per Ch Jus in all case where a  defendant be executor the law have determine that he shall pay cost though it  have be always hold otherwise where he be plaintiff though I never find out  the reason why he shall not pay in both but in this case he be defendant in  the original action and consequent Chargeable with cost and therefore I think  the writ of error ought to be attend with the same condition with the original  action
CATERELL against marshal assumpsit modern pl error of a judgement in c b in  action sur case on consideration to give bind with a sufficient penalty to  save harmless not say what Hub the defendant promise to pay after verdict and  judgement on non assumpsit Jones pray affirmance here the sufficiency be  evidence whether suitable to the matter against which he be to save harmless  and at most it be but form but per curian on demurrer it be ill and the  reasonableness must appear to the court as on fine of copiholder but by  general verdict it be intend the court do direct it as reasonable and  judgement affirm
Catesby against daniel ante trespass in trespass of enter into his close and  put in his cattle continuando the defendant prescribe for common in the land  of the plaintiff belong to a acre of his and he answer to the trespass cow pig  but say nothing to the an ox nor to the continuando for which cause the  plaintiff demurrer and judgement pro plaintiff
Catesby against daniel day in trespass lie the that of may continuando to the  that the defendant justify on the that of may for way to common to which the  plaintiff demurrer on Cr but the court hold it well enough because the  principal trespass be answer the continuando be but for aggravation of damage  and well enough without special answer to it and per Windham it be hold by  rigby at his read at lincoln inn that to say the original trespass be before  two year limitation excuse the continuando the declaration be of trespass  horse an ox cow c the defendant plead as to trespass with horse not guilty and  as to the residue justify for common for sheep c and say nothing of the ox  which per curian be ill contra if it have be quo ad residuum c not guilty c  judgement pro plaintiff nisi post Tuesday Feb ante amendment Symson pro  plaintiff in the writ of error that the want of adjornments be not against the  right be not amendable as herd against Baskervill Hub on Elizabeth cap send  curian contra on car cap that it be amendable and so of all other error that  be not against the right and this on advice with the judge of c b but they  fine the attorney S for his negligence and so mend it
Catesby and stay away trial ex motion levins to set aside new trial after  nonsuit at guildhall on affidavit of surprise on agreement to try in the  afternoon and the case in the morning be the last cause send non allocatur for  the court may as well grant new trial on nonsuit as after verdict and it be  grant per curian for the plaintiff pay cost
Catford versus Osmond mich a James rotulo action of trover bring for two steer  the defendant be a attorney of the common plea justify the take as  undersheriff by reason of process from the exchequer to levy of the occupier  of the land of diverse person in a schedule in the say writ name the debt  therein specify and do not recite the schedule and he be undersheriff take the  steer in the land of the plaintiff which be late one stone who be debtor to  the king in S be behind upon the land and exception be take for that it be not  direct allege that the land such a day be the land of the say S the writ  command to levy the sum in the say schedule mention and if they can not to  take their body and it be adjudge a good warrant to levy of the occupier of  the land that be the say S S common appurtenant can be divide
CATHEROL and cowper vide ante this matter now come on again upon the rule that  be make to show cause Mr Abney say that he have look a little far into the  method which he propose for the defendant have his Triple cost and be satisfy  that that method be well warrant by the practice of the court he take notice  that in the case of the king and Poland there be a case cite where a  indebitatus assumpsit have be bring against a collector of the landtax the  defendant have a verdict but because it do not appear upon the nisi prius roll  that this action be bring against a officer motion be make that this may be  enter upon the roll to entitle the defendant to Triple cost accord the court  order a entry to be make in this manner super examination means it appear to  the court that the action be bring against the defendant as collector  therefore to look at closely be that he shall have his Triple cost this  precedent have be cite to the court in the case of the king and Poland the  court make the same rule that the like entry shall be make in that case he  observe far that in the case of one walker and sir William Egerton hill W the  like entry be make upon the roll accord the court order the same to be do in  the present case upon which Mr fazakerly say that then the plaintiff must have  liberty to plead to this suggestion or to demurrer the court agree that in the  case of a common suggestion the party have a right to plead or to demurrer to  it but the present suggestion be make by order of the court upon the  examination of the matter between the party for which reason they be of  opinion that it be conclusive
CATHEROL and cowper when a case be intend to be make for the opinion of the  court and the judge die before the case be settle how far the case can  afterward be settle in any other way than by agreement of the counsel in a  action of false imprisonment try before the late Lord Raymond a verdict be  find for the plaintiff subject to the opinion of the court upon a case the  counsel on both side differ concern the state of the case Mr Kettleby move now  for the postea to be deliver unless the court shall be of opinion that a case  can some way be settle by the note that Lord Raymond take at the trial the  court declare their opinion that unless the counsel can agree upon the case  among themselves the fact must be try over again in another action accord the  motion be refuse
catle v er bowl leave iven to bring a book into court in a action of trover  upon a motion for leave to bring a book into court for the conversion of which  a action of trover be bring it appear that the book entitle memoir of a woman  of pleasure have be lend by a bookseller to some young lady at a board school  that the defendant wife who be mistress of the school take it from they and  send it to the bookseller with a request that it may not be again lend to the  young lady and that the book be afterward find in the possession of one of the  young lady the defendant wife take it from her and keep it sayer a rule be  make to show cause why upon bring the book into court the proceed shall not be  stay and it be probable that the plaintiff thereupon agree to drop his action  for the court never hear any more of the rule
catlin against Elliott hunt and draw hilary geo upon hear counsel on both side  three declaration in assault battery and false imprisonment be order to be  reduce into one appear upon the face of the declaration to be all for one and  the same fact and in each of the three plaintiff declare against one of the  defendant for a assault c simul cum the other two Hawkins for defendant birch  for plaintiff
catlin vers catlin special bail in trover without a judge order will S c it be  hold that upon a proper affidavit the writ may be mark for bail in trovert  without the order of the court or of a judge at his chamber for it be more a  action of property than a tort Mod Trin Geo pit v meller in b r Adm Lumley v  Quaree ld raym Emerson v Hawkins will charter v Jaques Cowp
catlin versus catlin b r Mod cite per wright I where defendant hold to special  bail in trover stram S c defendant be arrest and hold to special bail in a  action of trover upon a affidavit that the value of the good convert by  defendant amount to more than and now it be move to discharge defendant on  common bail but deny per cur and there be no occasion for a judge order note  Trin pound g pit v miller cite as in point
CATLINE against PIDGION proof on the motion of cottington that the defendant  have prepare for former trial and the plaintiff delay that and will not  proceed and now spur on again a trial the defendant pray it may be stay on  suggestion that his material witness be mariner and now go to sea with the  fleet and will not be ready till Michaelmas term next the court agree to  examine the witness by consent of party before the c j the trial be before he  and that the plaintiff if be will may cross examine
CATTEN vers Berwick at a court of delegate in sergeantsinn in fleet street  February see Brenner v hull lr I c p where custom in choose churchwarden can  take place they must resort to the canon by the that canon churchwarden be to  be choose by the parson and parishioner joint and if they can agree then one  by the parson and the other by the parishioner in the parish of bridge in  Yorkshire the custom be for the parson to appoint one and the two old  churchwarden the other but it go no further in this case the two churchwarden  can not agree so one present Barwick and the parishioner at large choose  Catten it be insist for Barwick that his case be like that of coparceners  where if they disagree the ordinary may admit the presentee of which he will  except the old alone present on the other side it be say that the case wide  differ for in the case of a presentment the ordinary have a power to refuse  but he have not so in the case of churchwarden for they be a corporation at  commonlaw and more a temporal than a spiritual officer and a case be cite to  be adjudge in b r where to a mandamus to swear in a churchwarden the ordinary  return that he be servus too little fit c but a peremptory mandamus be grant  because the ordinary be not a judge in that case the court hold that by this  disagreement the custom be lie out of the cage and then they must resort to  the canon burn Ecc law that ed a under which Catten be duly elect they decree  for he l cost
CATTEREL against marshal promise to give a obligation with sufficient surety  where he ought to show the penalty and the sufficiency of the surety or not S  c I vent Mod keb vide I side error of a judgement in assumpsit in the common  plea where the plaintiff declare that in consideration of pay by the plaintiff  to the defendant and that the plaintiff have take upon he to give the  defendant bind with sufficient surety to save he harmless from such a suit the  defendant promise c and say that he give he bind with sufficient surety to  save he harmless from the say suit and on a verdict and judgement for the  plaintiff there it be now assign for error that it be not show of what penalty  the obligation be nor what the surety be and cite for this hob jervis case but  per cur when the obligation be to be give for the payment of money it ought to  be show what the penalty be and of levinz er p what sufficiency the surety be  so that the court may judge of the sufficiency of the penalty and the surety  but here it be to save harmless against uncertain damage and cost of suit so  that the court can judge of the sufficiency he need not show it in the  declaration but it ought to come on the evidence on the issue non assumpsit  and the court that try the cause shall judge of the sufficiency of the penalty  and the surety wherefore they affirm the judgement
CATTEREL versus marshal S C keb Mod lev vide side error to reverse a judgement  in a assumpsit bring by marshal in the common plea wherein he declare that he  be sue in the king bench retain Catterel for his attorney who in consideration  of S give he and that he will enter into a bind with sufficient penalty to  save he harmless promise to get bail file for he and aver that he do give he  bind with a great and sufficient penalty c the defendant plead non assumpsit  and find for the plaintiff and he have his judgement now it be agree for error  that he do not express of what penalty the bind be that it may appear to the  court to be sufficient as if one avow for a distress upon a copyholder for a  reasonable fine the value of the land must be set forth and the certainty of  the fine that the court may judge of it Austin and Gervases case hob in  consideration that he shall give he bind for l the defendant promise c and  plead that he offer he bind for the say sum c and upon issue non assumpsit it  be find for the plaintiff but he can not have judgement because the sum  wherein be offer to become bind be not express so that it may appear to the  court to be sufficient Jones contra this differ from the case in hob for there  the sum be certain for which the bind be to be give the court may well judge  what penalty will secure it but it be not so in this case for it do not appear  to what value the damnification Ventris may be so there be nothing as in the  other case whereunto to proportion the penalty of the bind the court hold that  it will not have be good upon a demurrer but be after a verdict and the  statute of Jeofoils make at Oxford which Twisden style a omnipotent Act they  give judgement for the plaintiff
cattle all versus andrews hill W rot not guilty as to part and they give no  verdict as to the rest vide Sho and cro Elizabeth error of a judgement in c b  in a action of trespass wherein the plaintiff declare against the defendant  for several trespass videlicet for break and enter his close Salkeld er p  treadin down his grass and take and carry away water the defendant justify as  to upon which they be at issue and the jury find he not guilty as to the tread  but give no verdict as to the other matter this be adjudge nought and for this  cause the judgement be reverse
caul against cook and spark Thursday may admiral Jones pray a prohibition to  the admiralty on a promise at plymouth to deliver good in a bill of lade  mention to be make at barbados in as good condition as be receive they which  north oppose because the plaintiff have election to proceed in the admiralty  on the damage of the good whether on the sea or beyondsea or be may sue at  commonlaw on the promise as where a carrier promise to carry good safe the  plaintiff may sue on the promise in law or in fact and the difference be agree  by all the court but the libel appear to be for nonperformance of the  agreement therefore a prohibition be grant per curian
caul and LEMARKE pasch car two rot bail error of to know facias on  recognizance of bail take by the mayor on custom of the inferior court of  record on judgement there the defendant plead there be no such custom to which  the plaintiff demurrer because the party be estopt now to aver there be no  such custom by the record also it need not he say the judgement be affirm or  reverse which the court agree be not debt nor so fa on the judgement but be  not say to be take in court may be out and so not good but by custom and then  it may per curian be deny Adjornatur Keble er p