a man shall never be remit to a title which stand contradict by a record a man  seize of one acre of land have issue two son and die and the young seize the  elder and the elder bring assize or other action on his own seize and the  other plead in bar and they be at issue and find against the plaintiff by  false oath after which the young grant a rentcharge and before attaint bring  by the elder the young die without issue so that the land descend to the other  now Willoughby ask of the judge what remedy for the elder to discharge his  land and it seem to they that he have no remedy for now he be in as heir of  his brother and the attaint fail for that the defendant against who the attain  shall be bring be dead and he shall not be remit contrary to the record a bind  be not good or chattel within the statute h c touch servant embezzle their  master good e stat h c the indictment upon this statute be felonious carry  away without say felonious take and the statute do not make the take but the  carry away felony if I bail good to one to keep and afterward I retain the  same person in my service who go away with they this be not felony h because  he be not my servant Bac fol c in the case of Kelset v Nicholson t Elizabeth b  r cro Elizabeth and it be agree by three judge that by a grant of all good and  chattel a bind passes Fenner contra that the parchment and wax will but not  the duty comprise in it   Litt b York put this question upon the statute h c  which be that if any master or mistress deliver any good to his servant to  keep who withdraw himself and go away with the good to the intent to steal  they or if he embezzle the good of his master or convert they to his own use  if the good dyer be worth forty shilling it shall be felony and a man deliver  a bind to his servant to receive pound of the obligor and the servant receive  they and after that go away or convert they to his own use whether this be  within the meaning of the statute or not and by the better opinion it be not  for he do not deliver to he any dyer b er p good for a bind be not a thing in  value but a choose in action e it be hold by all except nedham that where good  be bail by a man there he can take they felonious the statute h except  apprentice of any age and servant under eighteen year old note that it be say  in Caylies case   that these word good and chattel in their proper nature do  not extend to bind be choose in action and such thing by act in law shall not  be transfer to a common person   b e James b r Jannel bring a action of trover  against Robert and declare for good and chattel videlicet a bind in which I be  bind to the plaintiff in forty pound it be adjudge a insufficient declaration  because a bind be not good or chattel for by cancel the nature of it be alter  from a chattel and Englefielde say that if a man deliver to his apprentice  ware or merchandise to sell at a market or fair and he sell they and receive  money for they and go away that be not within the statute for he have not it  by the delivery of his master nor go off with the thing deliver to he quaere  for the money be not deliver to the servant by the hand of his master but of  the obligor but if one of my servant deliver to another of my servant my good  and he go off with they that be felony for it shall be say my delivery and  Fitzherbert say that in the case of a bind by a gift of in all respects good  et catalla bind pass Writ de idemptitate a means of knowing note that it be  agree by the court that a man shall never have a writ de idemptitate a means  of knowing where there be two of the name of baptism but always it lie of  surname a this writ be now obsolete a michaelmas term Henry