briton versus coal to go into Trin will b r rot and judgement give Feb year  will Hillaryterm salk SC Mod SC skin SC comb SC Danv p the cattle of a  stranger levant and couchant on land extend upon a outlawry may be take upon a  to lift up facias for the king Doct and Stud c far salk in trespass for take  his cattle c the defendant justify by virtue of a writ of to lift up facias  issue out of the court of exchequer direct to the sheriff of somersetshire  wherein it be recite that one Francis Criswick have be outlaw at the suit of  the now defendant coal and that upon a special capias utlegatum a inquisition  have be take and return into the court of common plea whereby it be find that  the say Francis Criswick at the time of the outlawry be seize in fee of such  land c to the yearly value of c beyond reprize and that this inquisition have  be estreated and transmit into the court of exchequer wherefore this writ  command the sheriff to levy the issue and profit of these land from such a  time to such a time accord to the rate and value aforesaid and to answer it in  the court of exchequer c that the defendant coal request the sheriff to  execute the say writ and there Carthew er p upon he make his warrant to the  other defendant his officer by virtue of which they enter on the land and  there find the plaintiff cattle levant and couchant per quod they take his  cattle for the issue and profit of the land extend accord to the command of  the writ c to this the plaintiff demurrer and the point in law in this case be  whether the cattle of a stranger which be levant and couchant on land extend  on a outlawry may be take for the king upon a to lift up facias as the issue  and profit of the land and after several argument it be resolve per curian  that such cattle may be take lawful because the defendant aver that they be  levant and Carthew couchant on the land extend which averment be very  necessary in this case and holt chief justice who give the rule give also  these reason for the judgement first because the cattle be proper the issue of  the land though they be not the cattle of the owner of the land for otherwise  there may be no issue at all and the king can intermeddle with the son because  nothing but the issue thereof be forfeit upon a outlawry and the cattle of the  person outlaw can be the issue of his land for those be forfeit to the king  before and if after the outlawry be purchase any more the property of they be  immediate vest in the king the land be debtor to the king therefore he may  levy what shall be find levant and couchant there and if the person outlaw  shall after the inquisition make a feoff of his land the cattle of the feoff  may be take for the issue of those land and if so a strong the cattle of a  wrongdoer who have no pretence of a title if tenant for life impanel on a jury  lose his issue by default the king may levy they upon the reversioner after  the death of the tenant for life because it be a charge upon the land but if  tenant for life be outlaw and die it may be a question whether the issue  arrear can be extend on the reversioner if the owner of the son be outlaw the  cattle of a commoner can be take as issue but if they shall be take he must  plead his title in the exchequer unless his right of common be find by  inquisition on the outlawry so it be likewise if the person outlaw do alien  his land before any inquisition take for the king which he may lawful do yet  the alienee must plead off the extent in the exchequer by show his title  precedent if cattle escape into land charge with a rentcharge they may be  distrain for the rend because the land be the debtor and a case be now cite  where the very same point be adjudge in the exchequer in the Lord chief baron  hale S time and this great reason it shall be so for otherwise the person  outlaw may take in other man S cattle to agist and so defeat the outlawry and  in Carthew this case the plaintiff may claim under the person outlaw for any  thing appear to the contrary wherefore the plea be hold good in substance but  then there be three exception take to the form of it first that this not  allege that the writ be deliver to the sheriff send non allocatur for that  shall be presume until it appear to the contrary this be a outlawry at the  suit of the defendant coal the defendant ought to begin with the outlawry in c  b and to have set forth all the proceed and not to begin short with the  process of to lift up only et per holt chief justice all stranger who justify  under process of execution except officer ought to set forth the judgement and  so must the party who be plaintiff if he justify but here this only recite in  the writ that the outlawry be at the suit of coal but not positive allege so  to be where the defendant the officer justify by the command of the sheriff to  they this say per quod predict I r Johannes instead of Josephus take the  cattle so not the same man and for this mistake only the judgement be give  against the defendant car Hodson v Tobickle Carthew er p Carthew de term  paschae year William b r