Imagens das páginas


See Abatement Op Writs;
Executors; Pleading; Venue.

A writ abated as to one whose addition
of degree was omitted therefrom,
272, 274.

Of wife, reversioner, &c., to defend.
See Receipt.

An advowson is not forfeited when
appropriated without the King's
license if, at the time, it be of the
patronage of persons in religion,
because it is already in mortmain
(Per Willoughby, Ch. J.), 14.

Where tenant in capite alienes land
and advowson without the King's
license, though the land pass,
the advowson does not, but shall
immediately be adjudged to be
in the King's seisin. (Per Wil-
loughby, Ch. J.), 20.

If one seised of a manor to which an
advowson is appendant aliene the
manor with the appurtenances, save
a certain number of aeres of land,
the advowson passes, 22, 148.

See Quare Imprdit.

Aid allowed in Scire facias, 76, 100-

It is a good counterplea to aid-prayer
to say that the person praying aid
ought not to have it because he is
in by abatement, 100-102.

The Master of a Hospital prayed aid
of the patron and of the Ordinary,
but as the Master was elected by
his fellow-brethren, he could not,
though presented by the patron to
the Ordinary, have aid, any more
than a Prior or Abbot or Head of
any Collegiate House having a
common seal, 208-210, 218.

Bailiffs having prayed aid of their
principal, in an action of Replevin,

Aid-prayer —cont.

where they alleged that the taking
was for a rent charge and the
plaintiff alleged that the deed
grantng the rent charge was of
later date than a recognisance in
execution of which he became
tenant by Elegit, the bailiffs could
could not have aid until they had
joined issue as to whether the lands
were charged on the day of the
making uf the recognisance, 254-

A writ of Replevin having been
brought against principal and
bailiff, and having abated as against
the principal for omission of his
addition of degree, the bailiff made
cognisance for services in arrear,
the plaintiff pleaded hors de son
fee, and the bailiff prayed, and had
aid, 272-274.

Aiel. See Pleading.

Ancient Demesne:

If after removal into the Common
Bench the bailiffs of a Court of
Ancient Demesne continue to hold
a plea until the party is ousted from
his land, he can recover damages
against them by action of Trespass,

If, at the instance of the tenant, a
cause be removed out of a Court
of Ancient Demesne into the Court
of Common Pleas, he can have an
essoin in the latter Court, 272.

Writ of, 124.

Arraignment of defendants at the suit
of the King, after non-suit of the
appellant in appeal of murder, 154-

Outlawry on appeal of mayhem, 226.

In trespass appearance in person is
good, though Non est inventus be
returned to a writ of Capias; but

appearance by attorney is other-
wise, 80.

Appropriation. See Advowson.

Quare impedit in respect of, 174.

Does not lie for the farm of a fair,
128, 130.

See Abatement Op Writs; Mort
D'Ancestor; Novel Disseisin;
Assise (jurors):

No attaint against, when they find
matters which are not within their
cognisance {per Sharshulle, J.), 28.

No regard to be had to any mention
of a record in their verdict, unless
the record is ascertained to exist
(per Stonore, Ch. J.), 28, 30.

The writ of Attachment following a
writ tie corodio habendo called a
writ of Contempt, 310-314.
Attachment On Prohibition:

Attachment was sued against the
Official of the Court of Arches,
otherwise described as one of the
Vicars General of the Archbishop
of Canterbury (in the absence
of the Archbishop), because he
would not grant Letters of Absolu-
tion in respect of a sentence of
excommunication, though the ex-
communicate had made satisfaction,
and so the excommunicate was de-
layed of his suit in the King's Court.
It was alleged by the defendant that
although the excommunicate had
been absolved as to a particular
sentence, there were other sentences
of excommunication, and that by
ecclesiastical law he could not
have Letters of Absolution until he
had been absolved with regard to
the whole. As it was maintained
by the excommunicate that he had
been absolved with regard to the

Attachment On Prohibitioncont.

whole, a writ was sent to the Arch-
bishop of Canterbury to certify as
to the facts, 156-158.


There cannot be attaint when jurors
of Assise find matters which are
not within their cognisance (per
Sharshulle, J.), 28.


Question whether attornment is
obligatory when the cognisee in the
Fine in insufficient to warrant and
acquit, 74.
The King said not to be estranged
from his tenant, though the tenant
attorn to another, 80.
Attornment by bondsmen (" bondes ")
in respect of lands held in " bond-
age," 166.
It was supposed in a writ of contempt
that A., haviDg been joint tenant
with her deceased husbaifd, held
for life, and had refused to attorn
to P»., to whom the King had granted
the reversion (as by the report) or
the remainder (as by the record)
upon the forfeiture of the son of A.
and her husband. She pleaded that
she was tenant in tail, she and her
deceased husband having been
tenants in special tail by virtue of
a fine. B. replied that she held for
life at the time of the King's grant
to him. She rejoined that she then
and still held in tail and not for life
only, and issue was joined thereon,

Audita Querela. Sec Statute

Avowry. See Replevin.


Bail. See Mainprise.
Baron And Feme:

If a husband aliene the right of his
wife with warranty, and be after-

Baron And Femeconl.

wards vouched, and enter into war-
ranty, he has returned to the
position in which he was before the
alienation, and pleads not in his
own right, hut as in right of his
wife, 54, 60-62.

If a woman having lease of the ward-
ship of the person of the heir
marry, she must be named in any
writ of Right of Wardship brought
against her husband, though ward-
ship be only a chattel interest;
she is entitled to a voucher, and, if
she survive her husband, she shall
again have the wardship, 280.

A feme covert may be and sue as
executrix, but she must sue jointly
with her husband, 318, 320.

A woman who takes a husband loses
every surname except that of" wife
"of" her husband, 322.


Trial of, in assise of Novel DisBeisin,

Bastardy cannot be tried in the court
of a liberty, and the court has no
power to send a writ to the Bishop
to try it, 292.


Coercion of a parson by a Bishop, in
pleading, 112, note 1.

A Bishop being lord of a liberty, and
having cognisance of pleas, cannot
in that capacity send a writ to him-
self in the capacity of Ordinary to
try a question of bastardy, 292.

But it is otherwise in the case of the
Bishop of Durham (who has a
Palatinate), 292.


Attornment in respect of lands .held
in "bondage," 166.


Attornment by bondsmen (" bondes "),


A Sheriff, having in his Turn enquired
who ought to make and repair a
bridge, and having amerced and
distrained the person who was,
according to the presentment,
liable, the matter was by writ of
error brought into the King's
Bench. It was alleged on behalf
of the person distrained that the
bridge was on one side within one
liberty and on the other within
another liberty, and issue was
joined as to this question of fact.
It was found that the bridge was in
liberties where no previous Sheriff
had taken an Inquest. It was ad-
judged that the Sheriff having acted
without jurisdiction, and so commit-
ted a trespass, should be amerced,
that the presentment should be
quashed, and that the amerce-
ments should be returned to the
person presented as liable in the
Turn, 292-308.


If a place be improved by building,
during a disseisin, the plaintiff in
assise of Novel Disseisin cannot
recover damages, 168-170.



Reference to, for the purpose of
ascertaining the day of the week
ou which a date fell in a particular
year, 136.
Cape, Grand, I
Cape, Petit, V See Process.
Capias. J
Cases Cited:

The Earl of Devonshire v. Lucy, 36.
Ros of Hamelake v. Lacy, 62.

Cases Citedcant.

Talbot v. Wilynton and wife, 102,
note 1.

The case of John de Redenesse, 246,

Cessavit. See Pleading.

Of a parson by a Bishop, in pleading,
112, note 1.
Cognisance Op Pleas:

Cognisance allowed to a liberty after
the parties had had day by Prece
Parlium in the King's Court, 86.
If cognisance be allowed, and a ques-
tion arise in the court of the liberty
which cannot be tried there (as
e.g., bastardy), and cognisance be
again prayed on the same original
writ, it cannot be granted, 290-292.
The court of a liberty has no power
to send a writ to the Bishop as to
an allegation of bastardy, nor can
even a Bishop, being lord of a
liberty, in such a case, send a writ
to himself as Ordinary, 292.
Collusion. See Execution.

Admission of wife's heir to defend
his right upon departure of tenant
by the curtesy in contempt of
Court, 230.
A writ issues to take parties depart-
ing in contempt of Court, 230-232.
A writ of Attachment following a writ
de corodio habendo described as a
writ of Contempt, 310-314.
A " writ of Contempt," in the form of
the King's writ close, was directed
to an alleged tenant for life who
refused to attorn to the King's
grantee of the reversion (as in the
report) or of the remainder (as in
the record), 314-316.
Insulting words having been addressed
to a Justice of the Court of King's
Bench on his way into the Court,
in the presence of other Justices,
he brings a Bill of Trespass in that


Court, on which the defendant is
attached, 324-326.

Record of the case last above men-
tioned, 326-331.

If, on the King's request, but not as a
matter of right, persons be admitted
into a religious House which is not
of the foundation of the King or
his progenitors, and if on a sub-
sequent occasion the King direct
to the same House a writ de corodio
habendo, the House is not bound to
admit the King's nominee, and if,
upon refusal, a writ of Attachment
be brought against the Head of the
House, he shall go quit, 308-315.

When issue has been joined in a case
in which the Sheriff is a party, jury
process is directed to the Coroner
if the opposite party desire it, 36.

If a Sheriff make a false return, a
writ issues to the Coroner to cause
the Sheriff to come and answer
thereto, 238.

Jury process issues to Coroner when
issue is joined upon question of
fact upon assignment of error in
relation to presentment at Sheriff's
Turn, 292-308.

Writ of Entry Mir disseisin wrongly
described in report as writ of Cosi-
nage, 119, note 9.

Feoffment made to the tenant by a
cousin (A.) of the demandant other
than the cousin (B.) upon whose
seisin the demandant claims is a
bar to the action, even though A.
may have died during the life of B.,
but the deed of B. himself is not a
bar, 132-136.
Court Christian:

Jurisdiction of, 156-158.



Id action of Mesne, 124.
Upon Scire facias in the Exchequer,
130, 132.

In assise of Novel Disseisin at com-
mon law and under the Statute of
Gloucester (6 Ed. I.) c. 1, 159-154.

No damages in assise of Novel Dis-
seisin if the tenant improve the
place by huilding during the dis-
Bcisin, 168-170.

Damages in Replevin against bailiffs
who have taken only on behalf of
their principal, 256-260.

If any one have been amerced and dis-
trained, for non-repair of a bridge,
upon presentment in a Sheriff's
Turn, and the presentment be
c; uashed upon writ of error as
coram non judice, he shall have
return of the amercement, but no
damages, 292-294.


When in action of Debt an acquittance
is produced and denied, and the
defendant afterwards makes default,
the acquittance is held bad, and the
plaintiff has judgment for the debt
and damages, 36-38.

Cognisance of plea of Debt allowed
to a liberty, 86.

An obligation had been made to a
man and his heirs, and the heir
brought an action of Debt. The
obligor pleaded in bar an acquit-
tance given by the obligee's execu-
tor. The plaintiff was put to
answer to the acquittance, and the
Court held that the heir could not
have an action while there was an
executor living, 94-100.

Partition having been made between
two co-parceners, an action of
Debt was brought by one against


the other for the difference between
the values of the two shares which,
as alleged, the defendant had
agreed to make good to the plain-
tiff. Issue was joined as to the
agreement, as to which no specialty
was produced, and upon verdict for
the plaintiff she recovered the
amount and damages, 104-106.
In an action of Debt on an obligation,
a defeasance was pleaded with the
condition that if the defendant
should enfeoff the plaintiff of a
certain rent the obligation should
be null, but without any limitation
of time for the feoffment. Issue
was joined as to whether the de-
fendant had always been ready to
enfeoff, 110-112.
In an action of Debt on an obligation
the following exceptions were
taken :—that there was a variance
between the count and the obliga-
tion, because the day of the week
mentioned in the count did not
agree with the day of the month
and the year mentioned in the
obligation, that there was a
variance between the writ and the
obligation in respect of the addition
of the plaintiff, and that there was
false Latin in the obligation,

Execution cannot be had in lands
aliened between verdict and judg-
ment, 206-208.

If the plaintiff be outlawed and the
record of outlawry be produced
at any time before the giving of
judgment, the judgment will be for
the defendant, 224-226.

When, in a Pracipe quod reddat, there
are two tenants, one of whom
mokes default after default, the
other must take upon him the
tenancy of the entirety, or, if he do

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