A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

DEBT.

Debt, debts due by Obligation, shall be paid by* 1.1 Executors before debts by simple contract, and debts by simple contract before Legacies.

If a man take a woman which is i debted to other persons, the Husband and Wife shall be sued for this debt, the Wife living. But if she die, the Husband shall not be charged for this debt after her death; unless the Creditour of the Husband and Wife recover the debt during the Coverture, then, although the Wife die, yet the Husband shall* 1.2 be charged for to pay this debt, after the death of the Wife by this recovery.

If a man lease land for term of life to a woman rendring rent, and she taketh a Husband, and after the rent is behind, and the woman die, the Hus∣band* 1.3 shall be charged by a Writ of Debt for this rent behind, because that he takes the profit of* 1.4 the land by reason of his Wife.

By Law of the Realm Debt only ariseth upon some contract or penalty imposed, upon some Sta∣tute, and not by other offences, as in the Civil Law, debitum ex delicto.

If a Tailor make a garment for me, if we be not* 1.5 agreed before what I shall pay for the making, he cannot have an Action of debt, otherwise it is for Victuals and Wine. But the Tailor may de∣tain the garment untill he be payed, as an Inne∣keeper may his guests horse for meat, or he may have an action upon the Case, upon an assum fit to pay him so much as he deserves.

Notes

• * 1.1

  Cook 9 Rep. Pin••hons case.
• * 1.2

  Fitzh. Na. Br••tu. Det.
• * 1.3

  Id. Ib.
• * 1.4

  Qui sentir commo∣dum sen∣tire debet & onus.
• * 1.5

  Cook lib. 8. Rep. p. 147.