a brief report of a case argue in the exchequer in easter term in the second  year of the reign of queen Elizabeth by the counsel for the party and by the  baron of the exchequer upon a Writ of debt bring there by sir thomas straddle  knight plaintiff against roland morgan defendant and enter among the common  plea there and the record be as follow videlicet on point as to construction  of statute Plowden see in re Poland l r Ch in re anglesea Colliery company l r  Ch Garnett v Bradley App Cas Bradlaugh v clarke App Cas Coomber v justice of  Berks Q b d App Cas Cox v hakes App Cas in re standard manufacture company Ch  Eastman photographic material company v comptrollergeneral a c b v west ride  of Yorkshire county Council king b Glamorgan declaration same precedent raze  Entr a Roland Morgan of Mahen in the county of Monmouth esquire be attach by  writ of this exchequer to be Plowden er p here now on the octave of saint  Martin in this term to answer Thomas straddle knight in a certain plea of debt  and now at the aforesaid octave of saint Martin come here the aforesaid Thomas  straddle knight by Robert Leverton his attorney and the aforesaid Roland  Morgan by Burgundy Hatton his attorney likewise come here whereupon the  aforesaid Thomas straddle complain against the aforesaid Roland Morgan of this  that the aforesaid Roland render to the aforesaid Thomas straddle pound S d  which he owe he and unjust detain and for that whereas by a certain Act make  at a parliament of Lord Edward the six late king of England begin and hold at  Westminster the first day of march in the seven year of his reign by the say  lord the king and the lord spiritual and temporal and the Commons in the same  parliament assemble and also by authority of the same parliament among other  thing it be enact that if any treasurer receiver or minister accountant or  their deputy or deputy do take or receive of any person or person any sum or  sum of money or other profit of and for the payment of any fee annuity pension  duty or warrant more or otherwise than he or they may lawful do by foreign law  and statute therein then provide that then the say treasurer receiver and  minister so offend shall forfeit and lose for every penny or pennyworth so to  be take or receive S d to the party grieve to be recover in any of the king  court of record by bill plaint or action of debt in which suit no wager of law  essoign or protection shall be allow as in the Act aforesaid among other thing  be more full contain and whereas the aforesaid Thomas straddle now complain  that the last day of October in the three and four year of the reign of the  now king and queen Philip and mary and long before by virtue of the  letterspatent of Lord Henry the eight late king of England under his great  seal bear date at more the nineteenth day of September in the seventeenth year  of his reign make to the same Thomas he be and yet be bedel or collector of  the rend revenue and profit issue out of and to be receive of and in the  lordship or manor of Miskin Glinrothney SighemithNether and SighemithOver in  the Plowden county of Glamorgan and take annual for the exercise of his office  aforesaid pound S d as well by his own proper hand as by the hand of the  receiver of the same lordship or manor for term of life of the say Thomas  nevertheless the aforesaid Roland Morgan the same last day of October be  receiver of the lordship or manor aforesaid the statute aforesaid and the  penalty therein contain not regard the same last day of October at note here  the place specify in the declaration where the extortion be commit see Leon  vin Abr title extortion c pl Cardiff in the say county of Glamorgan in the  abovesaid three and four year of the reign of the say lord the king and lady  the queen now by the hand of John Jenkin of llandaff in the county of  Glamorgan aforesaid yeoman then servant and deputy of the say Roland take and  receive of the aforesaid Thomas straddle knight by the hand of day Howell then  servant of the same Thomas for the payment of pound S d as his fee aforesaid  to the same Thomas straddle then due for one whole year end at the Feast of  saint Michael the Archangel then last pass by colour of the say office of the  aforesaid Roland extortiously S d accord to the rate of d for every twenty  shilling more and otherwise than he may lawful take or receive by any foreign  law or statute in that behalf provide contrary to the form of the statute  aforesaid whereby a action have accrue to the say Thomas straddle to demand  and have of the aforesaid Roland Morgan the aforesaid pound S d and although  the aforesaid now plaintiff have often afterward request the aforesaid now  defendant to pay he the aforesaid pound S d nevertheless the say Roland Morgan  now defendant the aforesaid pound S d or any part thereof to the aforesaid  Thomas straddle have do yet pay but the same to pay have refuse and yet do  refuse wherefore the aforesaid plaintiff say that he be damnified and have  damage to the value of S and therefore he bring the suit c defendant pray oyer  of the writ and the aforesaid Roland Morgan by his aforesaid attorney present  c defend the force and injury damage and whatever c and pray oyer of the writ  aforesaid and it be read to he c which be hear be say that at present he be  not advice to answer the aforesaid Thomas straddle Plowden er p touch the  premise and pray day to imparl thereon until the octave of saint Hillary  within which c which be grant to he by the court and the same day be give to  the aforesaid Thomas straddle here c at which day the party aforesaid come  here by their atorneys aforesaid and the aforesaid Thomas straddle pray that  the aforesaid Roland Morgan may answer he touch the premise and there upon the  same Roland Morgan by protest say that the declaration aforesaid and the  matter therein contain be insufficient in law to which he have no necessity  nor be by the law of the land bind to answer nevertheless for plea the same  Roland say that the aforesaid Thomas straddle his action aforesaid thereof  against he ought not to have or maintain because he say that he do hot take or  receive the aforesaid S d contrary to the form of the statute aforesaid in  manner and form as the aforesaid Thomas straddle by his writ and declaration  aforesaid above against he have declare and of this be put himself upon the  country and the aforesaid Thomas straddle likewise therefore let a jury come  thereon and because the aforesaid town of Cardiff be in the county of  Glamorgan in Wales where a sheriff of this kingdom of England can intermeddle  therefore it be command to the sheriff of the county of Hereford that be make  to come here from the day of easter in fifteen day twelve c of the  neighbourhood of Leominster in the say county of Hereford which be the visne  next adjoin to the say town of Cardiff every of who c by who c and who neither  c to recognize c and the same day be give to the party aforesaid here c at  which day the party aforesaid come here by their atorneys aforesaid and the  sheriff of the say county of Hereford bath not return here the writ c  therefore it be command to the same sheriff of the say county of Hereford as  heretofore that be make to come here on the morrow of the holy Trinity twelve  c of the neighbourhood of Leominster aforesaid in form aforesaid and the same  day be give to the party aforesaid here c at which day the party aforesaid  come here by their atorneys aforesaid and the sheriff of the county of  Hereford aforesaid videlicet Richard Monington esquire return here the writ of  venire facias a swearer together with the panel of the name of the juror annex  to the same writ and the juror be call do not come c therefore it be command  to the same sheriff that he distrain the aforesaid c by their land c so that c  on the octave of saint Michael or in the mean time before the justice of the  say lord the king and lady the queen assign to take assize in the say county  of Hereford if they shall first come at Hereford in the say county of Hereford  on Wednesday the that day of July next come so that the inquisition thereof  there distinct and plain take before the aforesaid justice of the say lord the  king and lady the queen for assize may he have here at the aforesaid octave of  saint Michael and it be say to the party aforesaid that they be ready there on  the aforesaid Wednesday before the aforesaid justice of the say lord the king  and lady the queen for assize and that they be here at the aforesaid octave of  saint Michael to hear their judgement upon the verdict of the inquisition  aforesaid if c at which day the party aforesaid come here by their atorneys  aforesaid and the aforesaid justice of the say lord the king and lady the  queen for assize deliver here the tenor of this plea together with a certain  writ of distringa a swearer with the panel of the name of the juror fix to the  same writ and annex to the same tenor which say tenor be endorse thus  afterward at the day and place within contain before Edward sander knight and  Richard Harper esquire associate for this purpose to the same Edward and John  Whiddon knight justice of the say lord the king and lady the queen assign to  take assize in the county of Hereford the presence of the aforesaid John not  be expect by virtue of the writ of the say lord the king and lady the queen of  si non all men by the form of the statute c come as well the within name  Thomas straddle knight as the within specify Roland Morgan esquire in their  proper person likewise the juror within specify be call some of they come and  some of they do not come as appear in the panel therefore c wherefore it be  command to the same sheriff of the say county of Hereford as heretofore  Plowden that he distrain the juror aforesaid b their land c so that c on the  octave of saint Hillary the same day be give to the party aforesaid here c at  which day the party aforesaid come here videlicet the say Thomas straddle by  his attorney aforesaid and the aforesaid Roland Morgan by Cuthbert Leverton  his Plowden er p attorney and the sheriff of the say county of Hereford have  not return here the aforesaid writ of distringa a swearer as alias c therefore  it be command to the same sheriff as oftentimes that be distrain the juror  aforesaid by their land c so c from the day of easter in fifteen day or in the  mean time before the justice of the lady Elizabeth the queen now assign to  take assize in the say county of Hereford if they shall first come at Hereford  in the say county of Hereford on Monday the six day of march next come so that  the inquisition thereon there distinct and plain take before the aforesaid  justice of the say lady the queen now for assize may he have here at the  aforesaid fifteen day of easter and it be say to the party aforesaid that they  be there ready at the aforesaid Monday before the aforesaid justice of the say  lady the queen now for assize and that they be here at the aforesaid fifteen  day of easter to hear their judgement upon the verdict of the inquisition  aforesaid if c at which day the party aforesaid come here by their atorneys  aforesaid and the aforesaid justice of the say lady the queen now for assize  deliver here the tenor of this plea together with a certain writ of pluries  distringa a swearer with the panel of the name of the juror fix to the same  writ and annex to the same tenor and two bill of attorney likewise annex to  the same tenor the tenor of which say record be endorse thus afterward at the  day and place within contain before Edward sander knight and Richard Harper  esquire associate for this time to the same Edward and John Whiddon knight  justice of the lady the queen assign to take assize in the county of Hereford  the presence of the aforesaid John not be expect by virtue of the writ of the  say lady the queen now of si non all men by the form of the statute c come as  well the within name Thomas straddle knight by Edward straddle esquire his  attorney as the within specify Roland Morgan esquire by Philip Maddock his  attorney and the juror within specify be call some of they come and some of  they do not come and some of they now appear videlicet John Goodwin gentleman  William Burghill gentleman George Cromp gentleman James Bithell William  Tranter and John Hillesley and be swear upon the say jury and because the rest  of the juror aforesaid do not appear therefore other of they that be stand by  be choose for this purpose by the sheriff of the county aforesaid at the  request of the aforesaid Thomas straddle and by the command of the justice  aforesaid be new add who name be file to the panel within write accord to the  form of the statute in such case late make and provide which say person so new  add be likewise call come videlicet John olme William Beal Thomas Genis  Richard dobbins John pearl and Thomas coll and be swear upon the say jury  together with the other juror before empanel who to say the truth of and upon  the within content be choose try and swear say upon their oath that the  aforesaid Roland Morgan take and receive the within specify S d contrary to  the form of the statute within write in manner and form as the aforesaid  Thomas straddle within against he bath allege therefore c and also the tenor  of the say bill of attorney likewise follow in these word the within name  Thomas straddle knight have put in his place Edward straddle esquire to lose  and gain touch the action within specify for he in his place and name the  within name Roland Morgan esquire have put in his place Philip Maddock  gentleman to lose and gain touch the action within write for he in his place  and name and hereupon the aforesaid Thomas straddle by his attorney aforesaid  pray his judgement upon the premise and because the court aforesaid at present  be not advice of give their judgement of and upon the premise day be therefore  give to the party aforesaid touch the premise in the same state wherein they  be now until the morrow of the holy Trinity to hear their judgement thereon  here c the case easter term Elizabeth the plaintiff declare in the exchequer  upon the statute of Edward cap which enact that receiver shall not extort fee  upon pain of forfeit S d for every penny extort and that the plaintiff have  the office of bedel and collector of the rend of some manor in the county of  Glamorgan in Wales and S d fee by patent of h for it and the defendant be  receiver of the same manor extortiously take S d at Cardiff in the county of  Plowden er p Glamorgan the defendant traverse the receipt which be try by nisi  prius in the county of Hereford be the next English county to the place where  the receipt be which be in Wales and there find for the plaintiff but  afterward because it be not allege in the declaration to who the manor belong  at the time of the extortion suppose and because the statute of Edward do not  extend to receiver of other than of the king for these fault in the  declaration notwithstanding the verdict for the plaintiff judgement be give  for the defendant vide Compton I c a a the case be recite in this manner it  appear by the record that sir Thomas straddle knight have sue here a action of  debt against Roland Morgan for pound S d and have declare that whereas it be  enact by a statute make in Edward that if any treasurer receiver or minister  accountant or their deputy or deputy do receive of any person any sum of money  or any other profit of and for the payment of any fee annuity pension duty or  warrant more or otherwise than he lawful may by foreign law and statute in  such case provide that then the say treasurer receiver and minister so offend  shall forfeit and lose for every penny or pennyworth so take or receive S d to  the party grieve to be recover in any of the king court of record by bill  plaint or action of debt in which suit no wager of law essoign or protection  shall be allow and whereas the say plaintiff the last day of October in the d  and that year of the reign of king Philip and queen mary and long before by  virtue of the letterspatent of king Henry bear date at more the that day of  September in the that year of his reign make to the same plaintiff I be bedel  or collector of the rend revenue and profit issue and receivable of and in the  lordship or manor of Miskin Glinrothney SighemithNether and SighemithOver in  the county of Glamorgan and take annual for the exercise of his say office  pound S d as well byhis own proper hand as by the hand of the receiver of the  say lordship or manor for term of his life the say Roland Morgan the same last  day of October be receiver of the say lordship or manor not regard the say  statute nor the penalty therein the same last day of October at Cardiff in the  say county of Glamorgan in Plowden the d and that year of the reign of the say  king and queen by the hand of John Jenkin servant and deputy to the same  Roland take of the say sir Thomas straddle by the hand of day Howell then his  servant for the payment of pound S d be the fee then due to the same sir  Thomas straddle for one whole year end at the Feast of saint Michael then last  pass by colour of the say office of the say Roland extortiously S d accord to  the rate of d for every twenty shilling more and otherwise than he may lawful  take or receive by any foreign law and statute in such behalf provide contrary  to the form of the say statute and thereupon a action have accrue to the  plaintiff to have of the say Roland the say pound S d to which the defendant  plead that he do not take nor receive the say S d contrary to the form of the  say statute in manner and form as the say plaintiff have declare and upon this  they be at issue and because the town of Cardiff be in the county of Glamorgan  in Wales where a sheriff of this kingdom of England can meddle the venire  facias be award to the sheriff of Hereford to cause man e to come from the  neighbourhood of Leominster in the say county of Hereford which be the next  adjoin visne to the say town of Cardiff and by nisi prius before the justice  of assize in the county of Hereford it be find against the defendant videlicet  that he have receive the S d contrary to the form of the statute in manner and  form as the plaintiff have declare and upon this verdict the plaintiff  afterward in the exchequer demand his judgement and it be say on behalf of the  defendant that the plaintiff ought not to have judgement and hereupon diverse  point be move first what be the sense of the declaration videlicet whether  thereby the defendant shall be take a receiver of the king or a receiver to  another and if he shall be take by the declaration to be a receiver to another  and not to the king then second if be shall be within the purview of the  statute and if he shall then three if the plaintiff may sue for the penalty  elsewhere than in Wales and if he may then fourthly if this suit take by  original writ in the exchequer shall be maintenable by the plaintiff who have  not show any cause why he be or shall be privilege there and these point be  Plowden er p move and argue in easter term in the second year of the reign of  queen Elizabeth by a apprentice of the middle temple on behalf of the  defendant and by manwood on behalf of the plaintiff and the baron also argue  the same term and as to the first point it be argue by the counsel for the  defendant and also by all the baron that the defendant shall be take by the  declaration to be a receiver to another than to the say king and queen for the  declaration show that the receipt of the S d be the last day of October year  pound Philip and mary and show also that the plaintiff be then bedel or  collector of the say manor by force of the letterspatent of king Henry make to  he in the that year of his reign and show also that the defendant be then  receiver of the same manor but do not show to who the manor then belong  whether to the king or to another and although it be admit that the manor  shall be intend to belong to king Henry in the that year of his reign because  he then make the plaintiff his bedel of they yet it be not show that they a S  p Kitch a continue in he and his heir which ought to be show precise and if  the manor belong to another the say day last of October then the defendant be  receiver to that other and not to the king and then if so be there be a  diversity in law where the receiver to the king take more for payment of a fee  than be ought and where the receiver to a common person take more for the  payment of a fee than he ought or in other word if the one be within the  danger of the statute and the other not then the declaration shall be take  most strong against the plaintiff videlicet that the defendant be such a  receiver as shall be out of the danger of the Act for declaration ought full  and precise to show the grievance of the plaintiff and that can be where in  the substantial part there be incertainty and such too as stand indifferent to  make the defendant a wrongdoer or not in which case it be not reasonable to  punish one that be not precise charge b see ante e and the book there cite b  wherefore inasmuch as declaration impeach the party and force he to answer and  be the foundation whereupon the court be to give judgement it be reasonable  that they shall be certain so that the party may know what be be to answer to  and the judge upon what he be to give judgement for which reason if the  declaration be not certain to every intent c Hardr heath Max c but have two  intendment one of which make for the plaintiff and the other against he it be  reasonable to take it in that sense which make against he for if his complaint  lie in the other point it be his folly that he do not show it precise see he  may have do it and since he have not it shall be take in the sense against he  and so shall abate because it be take in that light there be no offence commit  by the defendant d Vet lib intrat a Hardr d as if a man bring a action of  waste against tenant for life and declare that I S make the lease for life and  afterward grant the reversion to he and that the tenant for life attorned and  that he have do waste to the disherison of the plaintiff the declaration be  not good because he have not show that the waste be do after the attornment  which he ought to do as appear by the book of entry for if it be do before the  attornment then it be not to his disherison nor be it any offence to he and if  it be do after the attornment then it be to his disherison and be a offence to  he and because by take it one way the matter be for he and the other way  against he it shall be take the way that make against he and therefore it  shall be insufficient e see ante g f and the book there cite e so in assize of  land if a man make title in his plaint and show that he be lord and that the  tenant alien the land in mortmain to the tenant in the assize and that he  enter and so be seize until by the tenant seize this title be not good because  it may be that he enter after the year after the alienation in which case his  entry be not lawful or it may be that he enter within the year in which case  his entry be lawful and therefore it shall be take most strong against he  videlicet that be enter after the year and so the plaint shall be adjudge  insufficient f see ante f and the book there cite f so it be say the case be  in Edward where a man Plowden bring a action of debt for pound against a  prioress Plowden er p and count that he be retain with one Sicili  predecessoress of the defendant in the office of bailiff of husbandry take S  by the year and that he do the service which come to the use of the house and  that he be not pay for so many year as amount to the sum before mention and by  the better opinion this declaration be hold insufficient because he have show  that he be retain with the predecessoress and do not show who retain he for  there it be say it may be that he be retain by one who have no warrant to  retain he and then the retainer be void and it may be that he be retain by the  predecessoress herself or by some other by her command and then the retainer  be good and as this may be take two way it be incertain and therefore shall be  take most strong against the plaintiff and that be in the sense that make  against he and so it shall be adjudge insufficient so in the principal case  the plaintiff go about to charge the defendant for a offence do the last day  of October year pound p m and show that he be then receiver of the say manor  and have not show that the say manor then belong to the say king and queen so  that it stand indifferent whether they belong to they or not and if they do  belong to they then the defendant be receiver to they and so clear within the  danger of the statute and if they then belong to another then the defendant be  receiver to another and if the receiver to a common person be out of the  danger of the statute then it shall be take here that the manor belong to  another than to the king and so that the defendant be receiver to another than  to the king and consequent out of the danger of the statute for that be the  sense that make strong against the plaintiff and so it shall be take and  therefore the declaration be insufficient a S p Hardr Kitch a because of the  incertainty in not show who receiver the defendant be as to the next point  videlicet whether the statute extend to treasurer receiver or minister  accountant of any other person than the king it be argue by the counsel for  the defendant and also it be argue and hold by all the baron b S p Litt r keb  Inst b that treasurer receiver or minister accountant of common person and  their deputy who receive money or other profit for payment of fee c be out of  the purview and penalty of the say statute and yet they all agree that such be  within the word of the statute for the word be if any treasurer receiver or  minister accountant or their deputy take or receive c which word any be a  general word and contain every treasurer receiver or minister accountant r he  that be a treasurer to a common person be a treasurer and this word any  include everyone for in contain each singular number it have the sense of the  plural so that the word which enact that if any receiver do such a act he  shall forfeit so much include in they that if the receiver of a common person  do the act he shall forfeit the thing wherefore the word of the branch be  general comprehend the defendant here c Inst c but if a man consider where the  mischief lie before the statute and what it be that the parliament intend to  redress be will thereby perceive that the intent of the maker of the Act be  only to punish the treasurer receiver and minister of the king and not of  common person for from the former only the mischief grow d Litt r d for when  monastery house of religion college and chantry be dissolve and come to the  hand of king Henry and king Edward pension be assign to the abbot monk nun  incumbent and other who before live upon the possession of the say monastery  and house which so come to the hand of the say king and of these pensioner  there be a great number and also upon other action the say king be charge with  the payment of many annuity and the treasurer and receiver and other minister  accountant appoint by the say king to pay they perceive that so many be  Payable through their hand make a gain of it and will give for answer to the  pensioner annuitant c that they bad no money of the king in their band or will  delay and put they off by other mean until they be force to give they some  reward to get what be due to they and by such extortious delay and mean they  compel the poor pensioner and other to part with a good deal of what be due to  Plowden er p they to the treasurer receiver and other appoint to pay they who  enrich themselves thereby and impoverish the pensioner which be a great  enormity and necessary to be restrain and to this end a branch be put in the  Act make in h concern the erection of the court of surveyor by which it be  enact that the general or particular receiver or their deputy who hereafter  shall happen to pay any annuity pension or rend shall not retain or take of  the party to who they shall happen to pay the same by way of reward or  otherwise above the sum of d for every twenty shilling which the same general  or particular receiver shall happen to pay on pain of forfeit S d for every  penny which he or they shall happen to receive above the sum of d for every  twenty shilling which he or they shall happen to pay the one moiety of this  forfeiture to be to the king and the other to the party that will sue for the  same which Act extend only to the receiver of the king as one may see by  compare and consider the clause therein together and agreeable to the intent  of this branch and as a confirmation of it be the say clause make in the say  Act of Edward which be also make by reason of the say mischief which attend  such payment make by the king receiver and other minister of the king e   a e  and against they only be the Act intend to be make which man that be collect  from the word of the Act in other branch for the style of the Act be a Act for  the true answer of the king revenue so that the style signify the scope of the  Act to be touch the matter of the king and his minister and also all the  branch before the say branch above recite treat of the king minister videlicet  of his receiver auditor bailiff and other minister of receipt or payment and  then come the say clause which have general word videlicet if any treasurer  receiver or minister accountant c which be refer to such treasurer receiver or  minister before speak of that be the king and the clause before speak of the  king minister be a inducement to we to take the intent of the legislature in  the say clause above recite to extend to the king minister and that the say  clause reach only to the king minister be more full Plowden prove by the word  which come afterward videlicet more or otherwise than he or they may lawful do  by foreign law and statute therein provide which word foreign it be say shall  be former and be misprint but by sander chief baron foreign be well enough and  shall be take in the sense of former which word he or they go to every  treasurer receiver or minister restrain by the statute and the word foreign or  former law and statute imply that the officer intend in the branch for the  payment of the say fee annuity pension duty or warrant may take some sum and  what treasurer receiver or minister can by any former law receive any sum for  the payment of any fee annuity pension duty or warrant a S p Litt r a certain  the king minister may and no other and this they may do by implication of the  say Act of h which inflict a penalty on the king officer who receive for such  payment above the sum of d for eve that twenty shilling whereby it be imply  that he may receive d for every twenty shilling and that which be imply by any  Act be equal to express word in the Act so that by the sense and intent of the  say Act of h they may receive d for the payment of every twenty shilling and  accord it have be use since but there be not any former law or statute which  permit the receiver of a common person to take any thing for any payment make  by he to another wherefore forasmuch as all the former word of the sentence as  to the minister name and their take anything be refer to the latter word  videlicet more or otherwise than they may by foreign law or statute which  latter word be intend only of the king minister and no other from thence it  follow that the latter word clear up the intent of the first and that the  treasurer receiver and minister name in the former part be intend the  treasurer receiver and minister of the king only and of no other so that the  sense of the subsequent word diminish the generality of the word precedent and  also manifest the intent of the maker of the Act and the judge of the law in  all time pass have so far pursue the intent of the maker of statute that they  have expound b Inst keb vin Abr title statute e pl ante b act which be general  in word to be but particular where the intent be particular Plowden er p as  the statute de tribe which voted first king cap provide that the lord the king  shall have the wardship of all the land of such as hold of he in chief by  knightsservice whereof the tenant be seize in their demesne as of fee the day  of their death of whosoever they hold else by like service so that they hold  of ancient time any land of the crown until the heir come to his lawful age c  c m Edward b Fitzherbert traverse bro traverse de office guard livery  parliament prerogative reseizer Stamf prerog b c yet if the king tenant who  have land hold of the king in capite by knightservice by descent on the part  of his father and other land hold of another by knightservice which descend to  he on the part of his mother die without issue his heir on the part of the  father and also his heir on the part of the mother be within age the judge  have so expound the law that the king shall not have the wardship of the land  descend on the heir to the part of the mother because the land which come on  the part of the mother do not descend to the heir to who the land hold in  capite descend so that although the word of the Act or treatise say that the  king shall have the wardship of all the land of such as hold of he in chief  whereof the tenant be seize in their demesne as of fee the day of their death  yet he shall not have the wardship of all the land whereof he die seize in fee  in this case because the intent of the maker of the Act be not such for it be  not their intent to give the king more than descend to the heir to who the  land hold of he descend so that though the word be general they be not to be  take general but be to be reduce to a particularity videlicet where the land  hold of the king and the land hold of another descend to one same heir so be  the same statute take afterward in cap which provide that the king shall have  primer seize after the death of those who hold of he in chief of all the land  whereof they be seize in their demesne as of fee d see ante d and the book  there cite see die pl d yet if the tenant hold of the king in capite by socage  it have be always take that be shall not have primer seize of the land hold of  other though by the generality of the word he shall have it there but that be  not the intent of the maker of the Act so the statute of marlbridge cap enact  that none from henceforth shall cause any distress that he have take to be  drive out of the county where it be take and say further if the lord presume  to do so against his tenant he shall be grievous punish by amercement e m I h  b per cur Fitzherbert distress bro action sur lEstatute palm Brownl Crompt I c  a vin Abr title distress e pl pale yellow law of fill again ante g d and see  the other book there cite e yet if one have a manor in one county and a person  hold land which he have in another county of this manor it be hold in I h that  it be lawful for the lord to distrain for the service and to carry the  distress to the manor into the other county where the manor be notwithstanding  the say statute and yet it seem contrary to the letter of the Act as it be in  truth contrary to the generality of the letter of the Act but the judge have  expound the intent of the maker of the Act not to extend to the lord but where  the signiory and tenancy be in one same county so that by such exposition make  accord to the intent of the Act the generality of the word be abridge and so  it be say the statute of Gloucester cap provide that the disseizee shall  recover damage in a writ of entry upon noveldisseizin against aim that be find  tenant after the seize f Litt Bac Abr f yet if a seize by deed make a feoff to  three and make livery to two of they but the three be not at the livery of  seize nor ever agree to the feoff nor will ever take the profit and afterward  the two die and the three survive they and the disseizee bring his writ of  entry sur seize in the per against he be shall show the whole matter how that  he never agree to the feoff and so shall discharge himself of the damage so  that the demandant shall not recover damage against he although he be tenant  of the freehold of the land as Littleton say in his chapter of remitter which  exposition of the say statute by Littleton it be say be find upon the intent  of the maker of the Act and upon good reason and yet it seem contrary to the  text which say general that the disseizee shall recover damage against he that  be find tenant after the seize and Littleton say that in the say case he be  find Plowden er p tenant after the seize and yet the disseizee shall not  recover damage against he but it be the intent of the legislature that make he  say so Plowden and that their intent be so he gather from reason for reason  will never suffer he to pay damage to the disseizee where he never assent to  the wrong do to the disseizee and never receive nor intend to receive any  profit of his land so that by the exposition of the statute there be a  diversity where be be tenant by his agreement and where without his agreement  and from hence we may see that statute be often take contrary to the  generality of the word and the statute of Westminster cap concern view provide  that from henceforth view shall not be grant but in case when view be  necessary and then say further in case when one by a exception dilatory abate  a writ after the view of the land as by nontenure or misnaming of the town or  such like if he purchase another writ in this case view shall not be grant if  he have view in the first writ a m long Edward a b bro view Inst keb a yet it  be say if one have view in a praecipe quod To give back and afterward abate  the writ by falseLatin or other apparent fault it be hold in Longo Edward that  in another writ he shall have the view because there the party abate the writ  by exception ut friend curiae for the exception be apparent but if the tenant  have abate it for other cause not apparent it have be otherwise for there he  shall not have the view from which case it appear that notwithstanding the  generality of the word of the statute which provide that the view shall not be  grant in the second writ where the party after the view abate the first writ  byexception dilatory yet where he abate the writ by some kind of exception  dilatory the judge have grant the view because they take the intent of the  maker of the Act to be so for it be not their intent that the view shall be  deny where the party abate the writ by such a exception for which the court  may have abate it without motion of the party so that the generality of the  purview be by such exposition become special and so the statute of Edward cap  enact that no writ shall abate by exception of nontenure of parcel but for the  quantity of the nontenure which be allege b see ante c and the book there cite  b yet in a praecipe quod To give back of a manor if the tenant plead nontenure  of parcel it have be adjudge since the statute that the whole writ shall abate  because the demandant have not a exception in the writ for it have be take  that the intent of the maker of the Act be that no writ shall abate for  nontenure of parcel but for the quantity where the thing demand be several but  if the thing demand be entire then it be not their intent that the writ shall  not abate nor do they design to alter the form of the register in the  exception so that where the statute say general for nontenure of parcel no  writ shall abate the judge have expound it that in some case for nontenure of  parcel the whole writ shall abate which exposition seem to be contrary to the  text but when it be declare that such be the true intent of the maker of the  Act then it be not contrary to the text but a right interpretation of the  letter thereof and so the statute of Westminster cap enact that in assize if  any be name seize do personal allege the exception videlicet if he shall vouch  a record and fail at the day he shall be adjudge for a seize without take of  the assize c c h h bro attaint seize parliament Inst kelw b a roll r c yet if  a femecovert with her husband vouch a record in a assize and fail she shall  not be attaint a disseizoress but afterward be receive she shall plead to the  assize as it be take in two h for it be not the intent of the maker of the Act  to convict a femecovert for a disseizoress by such plea so that when the  statute say if any allege the exception it have be expound not to include a  femecovert by the intent of the legislature and so there be many other  instance where statute which have inflict a penalty upon every one that shall  do such a act have be expound not to extend to femescovert or infant so that  though the word have comprehend all yet in effect they have not reach to all d  see ante c and the book there cite d and if the conusee in a statute merchant  have the land of the conusor extend if it be extend too high then at the  prayer of the conusee by equity of the statute of Acton burnel which extend to  good only and be make before the Plowden er p statute merchant the land shall  be deliver to the extenders who shall present answer to the creditor for his  debt as the word of the Act speak e p h pl Fitzherbert extent bro vin Abr  title statute merchant e foe e and yet if it be deliver to the extenders they  shall not pay the money until the day appoint and limit in the extent as  sander chief baron put it notwithstanding the word of the Act be shall present  answer c but the intent of the maker of the Act as every reasonable man may  observe be not to compel they to pay it immediate and to let they wait to  receive it again when the day shall come for if so every one will charge the  extenders with the land and then none will be Willing to be a extender for  which reason the judge have expound the word present answer to mean that they  shall present become debtor for the duty and Chargeable with the payment of it  at the day for pay the rend or receive the revenue and so they have qualify  the rigour of the word present accord to reason in such manner as the intent  of the maker of the Act may be presume to be from which case it appear that  the sage of the law heretofore have construe statute quite contrary to the  letter in some appearance and those statute which comprehend all thing in the  letter they have expound to extend but to some thing and those which general  prohibit all people from do such a act they have interpret to permit some  people to do it and those which include every person in the letter they have  adjudge to reach to some person only which exposition have always be find upon  the intent of the legislature which they have collect f Hardr Bac Abr f  sometime by consider the cause and necessity of make the Act sometime by  compare one part of the Act with another and sometime by foreign circumstance  so that they have ever be guide by the g that act of parliament ought to be  expound accord to the intent and meaning of the legislature Hardr side   a b  roll r keb show per ever I Mod per cur Mod per Trevor CJ Bac Abr vin Abr title  statute e pl ante a per hale I m per Montague CJ post per brown I per cur by  the reporter g intent of the legislature which they have always take accord to  the necessity of the matter and accord to that which be consonant to reason  and good discretion in our case then the occasion and necessity of the Act be  to reform the abuse practice by the king receiver and minister towards the  pensioner and other as be show before but not by the minister of other people  for if the minister of other have abuse the party in the payment or have delay  to pay they they that ought to be pay may easy have have access to the master  of such minister and have hue Plowden their grievance or they may have Litt r  distrain for their duty if distress be give to the party or they may have sue  the principal themselves that owe they the duty but such easy access distress  or suit they can not have with regard to the king for which reason the  mischief lie only in the king minister and it be the intent of the parliament  to redress their abuse only and that their intent be such it may be collect  from other part of the Act as it be show before wherefore the whole court hold  that receiver and minister of other than of the king or queen be out of the  provision and penalty of the Act and that the declaration here shall be take  most strong against the plaintiff videlicet that the defendant shall be take  for a receiver to another than to the king and queen Philip and mary and that  for these cause the declaration be insufficient to charge the defendant and  sander chief baron say that the declaration be also insufficient because be  bad not recite the say Act of h for the Act of Edward be ground upon it and  both the act be but as one a Owen Bac Abr vin Abr title statute e pl a as if a  Act be make which prohibit the do of such a thing and afterward another Act be  make which ordain that if any do the thing he shall forfeit so much there if  any one will sue for the forfeiture he ought to recite both the act for the  first prohibition and the penalty give after be but as one Act so be it here  as be Plowden er p say and also be say that the plaintiff have not show full  that he be bedel and that he have the fee of mark for he have say in the  declaration that by virtue of the letterspatent of king Henry c to the same  plaintiff make he be and yet be bedel c which be not a sufficient show that he  be bedel for he ought to have declare in fact that the king be seize of the  manor at the time of the date of the letterspatent which as it be here be  allege only by implication and that be not sufficient so that for this cause  also he take the declaration to be insufficient further it be move and debate  whether or no if the declaration have be good and the matter sufficient to  charge the defendant the plaintiff may sue for the penalty elsewhere than in  Wales forasmuch as it appear by the declaration that the receipt be at Cardiff  in the county of Glamorgan which be a Welsh county and it be argue for the  defendant that although upon the matter the defendant have be Chargeable and  although Wales be by the statute of h incorporate unite and annex to England  by which mean it may be that any personal action for a cause arise in Wales  may be sue in the common bench in England yet the defendant here shall not be  sue for the duty now demand elsewhere than in Wales because Wales be by the  aforesaid statute of h divide intotwelve county and by the statute of pound h  concern the ordinance of Wales four justice be appoint for Wales that be one  for every three county and they bad power give they by the same statute to  bold plea of all thing within their precinct at their session limit by the say  statute and also one original seal be appoint to each of the four circuit to  seal all original letter within the three county of each of the circuit and  there be a branch in the say statute of pound h contain the word follow  videlicet also that all action real and mix attaint conspiracy assize and  quare hinder appeal of murder and felony and all action find upon any statute  shall be sue by original writ to be obtain and seal with the say original seal  returnable before the justice all their session within the limit of their  authority in manner and form before declare by which word of the Act all  action find upon statute as we here be be appoint to be sue there by original  writ to be seal with the say original seal returnable before the say justice  so that the statute appoint the place order and form of such suit and then  they can sue in any other place or in any other form for if they shall it will  b e contrary to the purview of the statute and upon this it be say that the  statute of Westminster cap provide that upon account finish before auditor  assign and arrear find upon the accountant their body shall be arrest and by  the testimony of the auditor of the same account shall be send and deliver to  the next gaol of the king in those part c b h h pl bro faux imprisonment b  upon which word it be take in h that the auditor ought to commit they to the  next gaol although the next gaol be in another county for they can vary from  the place limit by the statute c Bac Abr vin Abr title replevin pl c and so  the statute of Westminster can give a writ of second v deliverance out of the  court where the first replevin be grant and a man can have it elsewhere for if  so then he will vary from the place limit by the statute d Bac Abr d so in the  principal case this action find upon a statute which be appoint by the say Act  of pound h to be return before the justice of Glamorgan at his session can be  sue nor return elsewhere nor before any other e   a Bridgm Bac Abr e as the  statute of Edward cap provide that error in the exchequer shall be correct and  amend before the chancellor and treasurer and therefore it can be correct  before any other f   a I show Bac Abr f for when a statute appoint a thing to  be do before a certain man it can be do before any other for it must be do as  the statute limit it so here a action find on a statute for a offence in Wales  appoint to be sue before the justice there can be sue before any other and  although the word in the Act of and h be in the affirmative videlicet that all  the action find c shall be sue there by original writ to be seal with the say  seal returnable c and have not a express Plowden er p negative as and not  elsewhere yet this affirmative imply in itself a negative videlicet and not  elsewhere for the clause say all action find upon statute shall be sue there  and if any shall be sue in the exchequer then all will not be sue there there  so that this universal word all admit of no exception but exclude every  particular one from be sue elsewhere and if any writ shall be seal with any  other seal then all will not be seal with the say seal and if any shall be  return before another justice then all will do be return before the say  justice g vin Abr title negative a pl title statute e pl see ante b and the  book there cite g wherefore every statute that limit a thing to be do in a  particular form although it be speak in the affirmative include in itself a  negative videlicet that it shall not be do otherwise h see ante c and the book  there cite Crompt J C a h as the statute of quod ei Deforceat ordain that the  demandant shall vouch as if he be tenant in the former Plowden writ this  include a negative videlicet a not otherwise for it have be take since the  statute that if the first writ be a to know facias and the tenant in the quod  ei deforceat maintain the title of it the demandant shall not vouch for he  shall only vouch as if he be tenant in the former writ which be as much as to  say he shall vouch as if he be tenant in the former writ and in no other  manner and then in the former writ be a to know facias he may not vouch and  therefore be may not now a see ante b and the book there cite Bridgm Crompt  J C a p wms a and if tenant in tail make a feoff to the use of himself for  life and afterward to the use of his issue in tail and die afterward the  statute of h be make it have be adjudge that the issue in tail shall not be  remit for the statute execute the possession in the same manner and form as he  have the use which be much as to say and in no other manner and form and he  have the use as a purchaser and so he shall have the land now by the statute  ergo be be not remit and so the statute of h enact that the king shall have  all the possession of abbey and college c which then be come and afterward  shall come to his hand in the same estate as they then be b p   a   a b winch  l p adjudge in the abbot Ramsey case die pl n bendl pl kelw pl ab   a   b see  vin Abr title statute e pl b and it have be adjudge that if any college after  that statute make a lease for year and three or four year afterward the  college and the possession come to the hand of the say king the lease be void  for the king shall have the possession as they be then videlicet at the time  of the make the say statute and then they be void of the lease and be in  possession and if the king shall now have they in reversion he can not have  they in the same estate as they then be so that this statute speak in the  affirmative contain a negative and so in the principal case the say statute of  and h which limit the order of sue action find upon statute for offence do in  Wales videlicet that they shall all be sue there by original writ to be seal  with the say seal and to be return before the say justice imply a negative  videlicet that they shall not be sue elsewhere and especial if the say word  all be consider which strong exclude the suit of any particular one any where  else and of this opinion be Frevil the three baron e contra for the plaintiff  on the contrary it be argue that forasmuch as by the statute of h Wales be c  see Bulst c incorporate and unite to England and all be make but one realm for  this reason action upon statute arise upon a cause there may before the say  statute of and h be sue in the king court at Westminster and the say clause in  the say ordinance make in the and h be speak in the affirmative shall not take  away the jurisdiction of other court nevertheless in the say case of quod ei  deforceat and upon the execution of a use and in the other case put on this  head it be say the law be accord as it be there allege because by the  commonlaw there be not any voucher hygiene demandant nor any come to the land  by the use nor any power give to auditor to commit a accountant to prison and  therefore where a Act of parliament give they a Plowden er p authority to do  that which they can not do before they ought to do it in the order limit by  the statute and not otherwise but where a action of debt or other action which  be at the commonlaw be give by any statute in a case wherein it do not lie  before the law say that it be suable in the common court use for it by the  commonlaw d l p adjudge cro e agard v candish see more d and that the court  entitle to it shall not be deprive of their jurisdiction in the case but by  express word of restraint and in our case the affirmative word in the statute  of and h which ordain that action find upon statute shall bb sue before the  justice of Wales be use rather to declare that the say justice may bold plea  of they and to give they a jurisdiction than to take away the jurisdiction of  other court and they be put to make the offender suable as well there as  elsewhere and not to restrain other court of their jurisdiction in the case so  that the affirmative word there do not take away the jurisdiction of other  court and of this opinion be sander chief baron who say that where it be enact  e stat h cap e that all murder robbery felony and the accessary of the same  which shall happen hereafter to be perpetrate and commit within the county of  merion in Wales shall and may be from henceforth inquire hear and determine in  the county of Caernarvon and anglesea before the king justice of Northwales or  his deputy f I roll r arguendo f it have be take by good advice since that  statute that the say murder and felony may be inquire beard and determine  before the justice of merion as well as before the justice of the county of  Caernarvon and anglesea for the word be in the affirmative do not take away  the enquiry in the proper county where the murder or felony be commit nor the  jurisdiction of the justice thereof but only tend to give the justice of the  say other county a concurrent jurisdiction to inquire thereof and of the like  effect be the say affirmative word of the say statute of and h as it seem to  he notam bene by the re porter but note that the say word of the say statute  touch the enquiry of the say offence do in the county of merion be as before  recite videlicet that they shall and may be thenceforth inquire hear and  determine in the county of Caernarvon and anglesea before the justice of north  Wales or his deputy for the time be but the word be further by the verdict or  inquest to be take by the inhabitant of the same county of Caernarfon and  anglesea or otherwise if by the discretion of the justice there or of his  deputy it shall be think convenient which word if by the discretion of the  justice there c it shall be think convenient be refer as it seem to the  enquiry hear and determine in the other county so that the Act refer the thing  to the will of the justice of Northwales and therefore the word be not as  precise to take away the enquiry in the county of merion and to give it to the  justice of the other county as the word be in the say statute of and h as to  the last point it be argue on behalf of the defendant that where the word of  the say a t of Edward give the penalty to be recover in any of the king court  of record by bill plaint or action of debt notwithstanding the law shall be  that the word of the say statute of and h be put in the affirmative do it take  away the jurisdiction of other court which may hold plea thereof before that  statute yet the suit here shall not be maintenable by Plowden the plaintiff by  original writ of debt in the exchequer as it be here bring vern per north ld  king for the exchequer be not a court for common plea but it be a court for  the king business only that be touch the revenue debt and duty of the king but  no plea between common person shall be hold there a Inst a unless for a person  privilege there as officer that attend upon the court the absence of who as  they will be absent if they be implead elsewhere will be prejudicial to the  business of the king in the say court and therefore for the king b ass pl per  Skipw this court may take consuance of all thin S that concern the king and  may turn to his benefit for the great dispatch of his business godb b benefit  and to dispatch his business in the Plowden er p same court the officer and  minister of the court shall sue there c t h pl bro quo minus h h Fitzherbert  lie Inst Inst roll r Crompt I c b a and herewith agree Britton speak of the  court of exchequer in these word et and ill eyent poer a conustre de defy and  Ion doit a nous debtor par you nous pouissons plus toss approcher a mostre c  and so shall one that be indebt to the king by surmise of quo minus c as here  late in a d S p Crompt I c a a godb d ejection strong bring by Garraway  against Richard bee Thomas upon a ejectment of land in the county of anglesea  in north Wales after argument make on both side you adjudge the same  maintenable as well as a suit shall be here maintenable by the king himself  for a intrusion into land in Wales and the reason be because the king shall  have e S p roll r Crompt I c a a godb e execution of the thing and damage  recover in the quo minus towards satisfaction of the debt which the plaintiff  owe the king so that the plaintiff in the quo minus partake of the king  prerogative and the king shall have die pl benefit by the suit and so a man  may sue here one that be in ware in this court or one that be accountant or  attendant here because he can have his body out of this court to be arrest or  imprison and therefore the plaintiff must of necessity sue he by bill here and  upon these cause only be the office of common plea find in this court and in  all these three case the plaintiff in order to give jurisdiction to the court  ought to make his surmise and show the cause videlicet that he be privilege or  indebt to the king or that the defendant be in ware here or attendant upon  this court but in the principal case the plaintiff have bring his action and  have not make any surmise to entitle the court to jurisdiction and without  surmise the jurisdiction shall not be take away from other court and give to  this court f ante c f as the defendant shall not remove a plea of replevin out  of the county court into the CommonBench without surmise in the pone or to  think over for which reason it be usual to make a surmise in the writ and the  writ say fiat execution this short catalog si causan sit true aliter non g  ante b pale yellow law of fill again g and a writ of right for land hold of a  manor shall not be sue in the common bench without cause show videlicet that  the chief lord have remit his court to the king h see ante h and a venire  facias shall never be award to the coroner without cause show to take away the  direction to the common officer videlicet the sheriff and to direct it to the  coroner so here without surmise the jurisdiction of the court appoint for  common plea shall not be take away and give to this court for the penalty here  and the action for it be only give by the Act to the party and nothing be give  to the queen for which reason the court without surmise or cause show have no  more cause to bold plea upon it than it have upon a action of debt bring upon  a obligation and as to what have be object to the contrary videlicet that the  penalty be give to be recover in any of the king court of record by bill  plaint or action of debt and here the exchequer be one of the king court of  record ergo the action of debt shall be maintenable here sir although the word  of the Act be so yet we ought to construe such general word to stand with  reason and not in such manner as to confound all order and usage I see   b  Gregory case   b a cro e pl I and therefore they ought to be take to mean in  some of the king court of record usual and proper for that purpose and in no  other king heath Max king for if the offence be do in London or in  Northumberland a man may not sue for it in the court of Oxford and yet the  court hold at Oxford before the mayor there be the king court but the intent  of the maker of the Act be not to give the suit but in court convenient for it  and within their jurisdiction and where the Act give the suit in any of the  king court of record by bill plaint or action of debt if it shall be expound  accord to the word a man may sue for the penalty in the chancery by original  writ of debt for that be within the word c t h pl bro quo minus h h  Fitzherbert lie Inst Inst roll r Crompt I c b a and herewith agree Britton  speak of the court of exchequer in these word et and ill eyent poer a conustre  de defy and Ion doit a nous debtor par you nous pouissons plus toss approcher  a mostre Plowden er p and it never be see that any writ of debt be return into  the chancery but the intent of the word be to give the party a action of debt  in such court wherein action of debt be suable and a bill or plaint in such  court wherein original writ be not sue nor returnable but where bill or plaint  be use so that the intent of the maker of the ad be to pursue order and  jurisdiction and not to alter order or to give a new jurisdiction to court  which never have jurisdiction in such like case before and therefore such  general word in act ought to be interpret with reason and not always accord to  the rigour of the text and hereupon several of the case before recite for the  understanding of statute be again repeat and therefore it be say that  notwithstanding the say objection if the offence have be do even in a county  of England the action here will not be maintenable in this court of exchequer  without surmise or cause show and of this opinion be Frevil the three baron  and Luke the second baron and Luke also say that by the statute of articuli  super Chartas cap it be ordain that no common plea shall be from henceforth  hold in the exchequer contrary to the form of the GreatCharter and he also  cite the statute of Rutland make in Edward I which say but forasmuch ascertain  plea have be heretofore hold in our exchequer which do not concern we nor our  minister of our exchequer whereby as well our plea as the cause of our people  be undue prorogue and let we will and ordain that no plea shall be hold or  plead in the exchequer aforesaid unless it do special concern we or our  minister aforesaid c by which statute he say the exchequer be restrain from  hold common plea except in the cause abovesaid which statute it be not the  intent of the maker of the say Act of Edward to repeal and therefore this suit  in the exchequer I not maintenable but sander chief baron be of opinion to the  contrary for be say the exchequer have of very ancient time be a court to hold  all common plea whatever between any of the king subject Glanville in  distinction libri see Inst and this he say appear by Glanville who in the  title of his book say ex that solum law Plowden to hold together et custom  secundum quas placitatur in curian king ad Scaccarium c from whence it appear  that the exchequer be then a court for all common plea and there have not be  any restraint by statute since but by reason of the multitude of the king  business rather than for want of power this court have of late time cease to  hold plead between common person in other case than those before mention but  not de stiffness law and he deny that to be a statute which be call the  statute of a this point have be much controvert see Inst but Inst say it be a  statute and that this opinion of sander be to be reject as contrary to great  authority and be never read nor hear of before yet pryn animadv give many  reason to prove that it be no statute a Rutland for he say it be only a  ordinance make by the king without the authority of parliament touch the order  of the court of exchequer and as to the other statute which refer to great  Charta be say that there be no such restraint in great Charta so that they do  not agree upon the authority and jurisdiction of the court and in what place  the action ought to be bring but they all unanimous agree that the receiver of  a common person be out of the penalty of the statute and that by the  declaration the defendant shall be intend a receiver of a common person  because the declaration shall be most strong against the plaintiff and also  they all agree that although the verdict be pass yet for the fault in the  declaration the plaintiff shall not have judgement b S p die pl Crompt I c a b  and it be not remedy by the statute of Jeofails for fault in the matter of the  count can be comprise within mispleading or insufficient plead for that which  come c die pl but the reporter put a quaere and in brown Anal it be say this  be contrary to the ancient opinion whereby the count or declaration and all  act enter on record relate to plaint suit or action before the same as well as  those after be repute to be plead c after the count shall be call the plead as  that which be contain in the bar replication and rejoinder and sander chief  baron say that when Bromley be chief justice it be accord so adjudge in the  king bench in a writ of error upon Plowden er p a ejection strong videlicet  the judgement give upon the verdict in the ejection strong be reverse for  default in the count and note that case be between moon and Clifford for which  cause the court agree that sir Thomas straddle the plaintiff shall not have  judgement upon the say verdict but that they will and ought to award that he  shall take nothing by his writ for the cause aforesaid and afterward it be so  award as appear by the judgement which here follow whereupon all and singular  the premise be see and read by the baron aforesaid and more full deliberation  be thereupon bad among they becauseit seem to the same baron here that the  aforesaid writ and declaration of the aforesaid Thomas straddle in manner and  form above declare and the matter specify in the same be insufficient in law c  therefore it be consider by the same baron that the aforesaid Thomas straddle  take nothing by his writ and declaration aforesaid and that the say Thomas  straddle be in mercy of the lady the queen now and also that the say Roland  Morgan as to the premise be dismiss from this court and go thereof without day  c