Adam versus TERTENANTS OF savage mich Ann e ld raym S c salk S C salk Mod vent  owe Mod Salkeld er p it be not proper for the defendant to plead in abatement  that there be other tertenants cro   Ent cro Elizabeth more sand palm roll Rep  in this case which see salk it be hold by holt Ch just that where a to know  facias bring against tertenants be general as usual it be in c b it be not  proper for the defendant to plead in abatement that there be other tertenants  not name and so pray judgement of the writ quod breve predict empty but to  pray judgement if without they responders debet but where the to know facias  be particular I e name the particular tenant in such case the defendant may  pray judgement of the writ and there be some doubt whether the tertenants can  plead other tertenants in another county not name c the Ch just cite Owen  report that tenant for year may be a good tenant to plead in bar to a to know  facias in a personal action where damage be to be recover but not to a to know  facias in a real action at commonlaw a to know facias will lie upon a  judgement in a real action because the party can have no new original but it  will not lie upon a judgement in a personal action till the statute of  Westminster where a judgement have sleep a year and a day the party shall not  have either a can sa or be made fa but be put to his action of debt upon the  judgement or to a to know facias unless he continue the process or the  defendant bring a writ of error and the judgement be affirm for this be a  revivor but it may be a question if the writ of error be discontinue or the  plaintiff in error be nonsuit where a to know facias be bring on a judgement  in B R the plaintiff must show where the court of B R be hold because that  court be ambulatory wherever fluerimus in England but if it be bring upon a  judgement in c b it be otherwise because the court of common plea be confine  to a certain place Salkeld it be move to set aside a execution for that it be  irregular the defendant allege that when be confess the judgement the  plaintiff and he agree that execution shall not be take till after a year the  plaintiff insist that he have stay a year after the defendant have give the  warrant of attorney to confess judgement then the question be whether the year  shall be compute from the date of the judgement or from the date of the  warrant of attorney Bl for curian it seem necessary that the plaintiff shall  bring a to know facias since the execution be delay for more than a year  however the practice be that if judgement upon a warrant of attorney be not  enter within a year it shall not be enter afterward without leave of the court  Owen sheriff see dissenter the sheriff be the king officer and therefore be  always make and appoint by the king unless in county palatine a he have  custodiam comitatus and therefore have a authority to raise the posse  comitatus to suppress rebellion riot c he have a jurisdiction both in criminal  and civil case and for this purpose he have two court videlicet his tourn or  view for criminal cause which be therefore the king court because plead of the  crown can be in no other than the king court the other be his county court for  civil cause and this be the court of the sheriff himself and for this reason  it be call the county court it be former hold that if he take good in  execution by virtue of a be made fa and be out of his office before they be  sell that in such case hl can not sell and deliver the money to the party  because his authority determine with his office but he ought to deliver such  money over to the new sheriff as he do Salkeld the prisoner and return that  thereupon a sale set forth may be award to the new sheriff but since it have  be hold that though a new sheriff be make yet the old sheriff may sell the  good so by he levy but if he return the writ that the good be Salkeld er p in  his hand pro diminution buyer in such case a distringa shall go to he to  deliver they over to the new sheriff and after that a sale set forth where he  levy money upon a become facias the plaintiff may have a action of debt  against he for the money because it be receive by he to the plaintiff use and  the defendant be discharge of it and it lie against his executor if he die for  this be not like a escape which be a wrong do by the sheriff himself but it be  find on a duty due and owe by the sheriff which shall survive and charge his  executor the king appoint a sheriff and afterward a barony descend on he by  the death of his father his office do not determine but he continue sheriff  notwithstanding he be a baron and peer of the realm a the sheriff of Cornwall  be appoint by the prince of Wales the sheriff of Westmoreland be a hereditary  office in Du ham the bishop appoint a sheriff on his creation who continue as  long as the bishop have the see the sheriff of Lancashire be appoint by the  chancellor of the duchy simony this be studiosa will correct well to sell Of  well Of annexa and in the follow case may be see what be simony and what be  not in a special verdict in ejectment the case be a usurpation be make and a  quare hinder bring against the incumbent and pen that writ the plaintiff sell  the perpetual advowson to W r and the jury find that it be with intention that  h c shall be present after the usurper be remove and accord he be present  institute and induct the plaintiff suppose the presentation to be void get the  king title upon which he be admit and induct and bring his ejectment against  the defendant and have judgement for per curian the defendant be in by simony  Salkeld in a quare hinder the plaintiff set forth the statute against simony  and that Thornden be a benefice with cure which be void a simoniacal agreement  be make with the mother of the patron who be a infant and one crew that the  infant shall present crew and that in consideration thereof he shall pay to  her c the defendant plead in abatement that he claim nothing in the benefice  but upon the presentation of the infant W W who be not name and make defendant  and upon a demurrer to this plea it be adjudge that where the right of the  patron be not to be divest by the judgement there he need not be name in the  writ now in this case there be no complaint against the patron for it be not  he but the simonist who be the disturber and therefore he need not be make a  defendant in the last case the statute against simony be recite but in the  follow case it be not sacred scripture in a quare hinder against the ordinary  patron and incumbent to present to the church c set forth that it be a  benefice with cure c and that in it become void by the death of the incumbent  c then he set forth that during the avoidance there be a simoniacal agreement  by which the present incumbent be present c the bishop plead that he claim  nothing but as ordinary the patron demurrer to the declaration and the  incumbent plead that he be parson imparsonee upon the presentation of the  other defendant the patron and traverse the simoniacal agreement the plaintiff  reply and pray judgement against the ordinary and take issue upon the traverse  of simony and join in demurrer with the patron and it be object against the  declaration that the statute against simony be not recite therein for so be  all the precedent send per curian non allocatur error to reverse a judgement  in a quare hinder where the king have recover upon a simoniacal agreement  which be that a friend of the clerk shall give W r so much money to procure he  to be present and that he be present secundum agreamentum predict the error  assign be that neither the patron or the clerk know any thing of give the  money send per curian he be simoniace preferred thing for be present secundum  agreamtum predict be a good averment of a simoniacal promotion Salkeld er p in  a quare hinder the plaintiff set forth that he have grant the next avoidance  to b that the church become void Salkeld and then he set forth the statute  make against simony and during the avoidance a corrupt agreement be make  between one Richard and the grantee of the next avoidance that he shall  present one hide who be present accord which by virtue of the statute be void  c the defendant hide plead with a protestation to the agreement and that he  have no notice thereof and upon a demurrer to this plea it be adjudge against  the incumbent hide because notice in this case be not material by reason of  the difficulty of prove it it be the corrupt agreement which make the simony  though the incumbent may have no notice of it debt upon bind condition to  resign upon request the defendant plead that he do resign accord to the  condition of the say bind upon which they be at issue and the jury find for  the plaintiff and upon a writ of error bring in B R it be assign for error  that this bind be void because it be make upon a simoniacal agreement send per  curian the judgement be affirm a a in peel v Lord Carlisle Str the court hold  this point to be so clear settle that they will not permit it to be argue yet  quaere if it have not be overrule in the case of the bishop of London v fitche  in dom proc slander case c for these word Nuttal who be Solomon smith clerk be  a knave and a rogue and will prove it and he be in Newgate for   the king hand  and seal and will be hang for it actionable case for these word thou have  steal our be innuendo a stock of be and thou art a thief after a verdict for  the plaintiff it be move in arrest of judgement that felony can be commit of  be because they be fierce nature send per curian the subsequent word videlicet  thou art a thief show that the steal be of such be of which felony may be  commit and so actionable case c he be a clipper and a coiner after a verdict  for the plaintiff it be move in arrest of judgement that the word do not  charge the plaintiff with clip or coin money for they may be apply to many  other Salkeld thing but adjudge actionable for it must be intend that he mean  clip of money and in that sense it be usual understand case c he pick my  pocket against my will he be a pickpocket not actionable because the word do  not imply that he be guilty of felony case he will have give dean money to rob  Golding house and he do rob the house after a verdict for the plaintiff it be  insist in arrest of judgement that the first part of the sentence import only  a inclination to rob and the subsequent word be relative to the first for the  word he must refer to the last antecedent which be dean so no charge on the  plaintiff send per curian the word may be thus construe that the plaintiff  give dean money to rob the house and he I refuse the plaintiff himself rob the  house case c for these word he break my house like a thief upon not guilty  plead the plaintiff have a verdict sedper curian in arrest of judgement the  word be not actionable case for these word speak of a broker and of his  profession he be a cheat knave he have cheat I with brass money per curian to  call a tradesman a cheat general be not actionable unless the word be speak of  his trade case c bring by a merchant for these word there be a communication  of he the defendant say I believe all be not well with Daniel Vivian there be  many merchant who have late fail and expect no otherwise of Daniel Vivian  actionable case c by a mercer for these word thou art a cheat knave and a  rogue after a verdict for the plaintiff the judgement be stay because there be  no colloquium lie of his trade case c by a merchant for these word Austin  drake be break he be a beggar fellow and not worth a groat and not able to pay  his debt after a verdict for the plain raym vide will Salkeld er p tiff it be  move that the word be not actionable for he may be a honest man and not worth  a groat and it be no crime to be a beggarly fellow for it may be a misfortune  and no fault but per curian to say he be not able to pay his debt be  actionable case in which the plaintiff declare that he be a keeper of a  liverystable and of BellSavage inn and that Salkeld the defendant have other  stable there and that W r come thither with a wagon inquire of the defendant  which be bell savage inn who reply this be BellSavage inn deal not with  Southam the plaintiff for he be break and there be neither entertainment for  man or horse after a verdict for the plaintiff and great damage the judgement  be affirm case c in which the plaintiff declare that there be a communication  of his trade the defendant say he be a cheat knave and keep a false book with  which he have cheat the country actionable for though cheat knave be not  actionable though a colloquium be lie of his trade yet it be actionable to say  he keep false book for tradesman book be often give in evidence therefore they  must not be false case c by a draper for these word you be a cheat fellow and  keep a false book the plaintiff have a judgement but it be set aside because  he have not allege any colloquium of his trade for to say a man be a cheat  fellow it do not follow that he be so in his trade for he may cheat at game  and the word be general may as well be apply to that as to his trade and to  keep a false book do not imply that he keep a false debtbook for he may keep a  book which be false print case c for these word speak of a distiller wherein  the plaintiff declare that he discourse with one isle ask he of who he buy  water vit who reply of Mr Godfrey the plaintiff then the defendant say ffe be  a varlet he have suppress his brother will to cozen and deceive man of their  legacy will make he cry Peecavi on his knee c not actionable because those  word do not relate to his trade case c for these word speak of a merchant you  be a cheat rogue and a runagate rogue after a verdict for the plaintiff it be  adjudge not actionable for to say general that a man be a cheater be not  actionable unless there be a colloquium of his trade or profession which be  not do in this case case for these word speak of a watchmaker he be a bungler  and know not how to make a goodpiece of work after a verdict for the plaintiff  adjudge not actionable because the word be indifferent and have no relation to  his trade a it be true in this case the jury find that the plaintiff be a  watchmaker and if the word have be he know not how to make a good watch it  have be actionable Salkeld case c for say that she be as muck a man as I be  she be a hermaphrodite speak of a woman who teach girl to dance not actionable  for it be no scandal to her profession to say that she be a hermaphrodite  because man usual teach young woman to dance case c in which the plaintiff  declare that he be breed to the law and practice it and that the defendant  write a letter to a c his client that he the plaintiff will give vexatious and  ill counsel and stir up a suit and will milk her purse and fill his own large  pocket actionable by three judge contra Vaughan Ch just case against a  attorney for these word he be a cheat knave and not fit to be a attorney  actionable because say he be not fit to be a attorney show that the precede  word videlicet cheat knave must necessary refer to his profession as a  attorney case by a attorney in which he lie a colloquium of his profession and  of he and that the defendant say in the bear of several people thou can not  read a declaration by reason whereof t p and W r who be former his client  desert he upon not guilty plead the plaintiff have a verdict and upon a motion  in arrest of judgement the word be hold actionable case c for these word speak  of a attorney of B R you be a knave on record and a forgery knave not  actionable as report by palmer case c in which the plaintiff declare that he  be a mercer and that the defendant speak these word thou art a cheat knave and  a rogue after a verdict for the plaintiff it be move ire arrest of judgement  that here be no colloquium lie of his trade and for this reason the judgement  be set aside in ancient time it be the constant course to lie a colloquium in  declaration for word and it be a doubt a queen whether after verdict the court  will not now hold the word to mean work in his usual business that be certain  the idea which will be convey to the mind on bear such word speak raym Salkeld  er p whether it be good without it till the case of smith and ware in cro but  since that case it have be hold sufficient to allege that the word be speak de  to express grief and de art svan which allegation shall supply the colloquium  a a Mr kid in a note to the d edition of Com dig vol p observe that there be  no branch of the law in which the decide case be so contradictory to each  other and the decision so frequent irreconcilable with the avow principle on  which they be say to be find as the action on the case for word many of the  case cite from the old author be certain not law what word be actionable or  not will be more satisfactory determine by a accurate application of the  general principle on which such action depend than by a reference to adjudge  case especial those in the more ancient author vide the case of Onslou v horn  will where the principle be well explain and illustrate by the chief justice  in the case of ld townsend v Hugh the rule lie down by the court be that word  shall not be construe either in a rigid or mild sense but accord to their  genuine and natural meaning and agreeable to the common understanding of all  man Mod Mod Freem to the same effect it be say per curian in the case of  gardener v Atwater Bac ab that the same nicety be not as heretofore observe in  construe word for the rule now adhere to by all the court be to understand  they in their usual and obvious sense Salkeld statute information for import  twenty pottacos of tobacco in a vessel not belong to the people of this nation  contra form to cause to stand after a verdict for the informer the judgement  be set aside because by the statute the good must belong to the people of this  nation and it be not aver that the tobacco thus import do belong to the people  of this nation for it be that which make the forfeiture and it be none if  import in a foreign vessel and by foreigner and the good belong to foreigner  and the conclusion contraformam to cause to stand will not help in this case  because the omission be in the most material part of the statute which create  the offence and which ought to be strict pursue a the defendant be indict for  sell ale in black pot not mark and this indictment do not conclude contra form  to cause to stand say per curian it be good without such conclusion because  the commonlaw appoint that all measure shall be just therefore to sell less  than measure be a offence at commonlaw and this circumstance of mark the  measure be only add by the statute b information for a riot and conclude  contra form to cause to stand h after a verdict for the informer it be move in  arrest of judgement that the information be ill because it conclude contra  form to cause to stand whereas the statute do not make the offence but appoint  justice of the peace upon complaint that there be a riot to view and record  the same and in what manner to punish the rioter hale Ch just of opinion that  this be a offence at commonlaw and mention in this statute therefore the  information be well conclude contra form to cause to stand but the other judge  be against he c adjudge that where a offence be create by a statute which be  not a offence at commonlaw and if that statute give a action to the prosecutor  in such case he must show in his declaration that the defendant be within all  the qualification and description of that statute otherwise the action will  not lie but where the penalty be give to the king it be sufficient to say  contraformam to cause to stand a if this be a case under the navigation Act it  be clear misstated the penalty attach on foreign property in the vessel not in  the good b Q if this can be law the offence state be not sell less than  measure but only in pot not mark a circumstance only require by statute  Keiling c the opinion of the three judge be overrule in many case in it all  king v matthews t r Salkeld er p