An exact abridgement in English of the eleven books of reports of the learned Sir Edward Coke, knight, late lord chief justice of England and of the councel of estate to His Majestie King James wherein is briefly contained the very substance and marrow of all those reports together with the resolutions on every case : also a perfect table for the finding of the names of all those cases and the principall matters therein contained / composed by Sir Thomas Ireland.

Constructeon of the Statutes of Jeofails, &c. Amendment of Records, Fines, Recoveries, &c.

Playters Case, 25. & 26. Eliz. Banco regis. fo. 34.

THe Defendant was found guilty in trespasse Quare clausum fregit & pisces suos cepit, and damages as∣sessed intirely; it was moved in arrest of judgement, because in the Count, neither the nature nor the number of Fishes was shewed. It was answered by the Plaintiffe, That the Defendant is found guilty to damages, and so Non refert, of what nature or num∣ber they are. 2. That the Fishes themselves are not to be recovered but damages for them, therefore no need to shew the certainty. 3. All the dama∣ges shall be intended to be given for the close bro∣ken, which is laid in the Declaration. 4. It is mat∣ter of forme, ayded by the Statute of 18. Eliz cap. 14. But judgement was stayd, for the Office of the Declaration is to reduce the Writ to certainty, for otherwise upon such a generall Issue, if the Jury give a false Verdict, they cannot be attainted, and damages shall be intended to be given for all, be∣cause

they are intire, but if they had beene severed, the Plaintiffe shall recover for so much as is well pleaded, and this is matter of substance, and not of forme, because it is no default of the Clerke, but of the Plaintiffe, and therefore not aided by the Sta∣tute.

Walcots Case, 30. Eliz. banco regis. fo. 36.

DEbt was brought against Baron and Feme, in the Detinet tantum, upon an Obligation by the Feme before Marriage; it ought to be in the Debet, and Detinet because the Baron had the goods of the wife in his owne right, and for that reason debt is brought against the Heire in the Debet, and this is matter of substance, and point of the Action, not remedied by the Statute of 18. Eliz. c. 14.

Baynehams Case, 30. Eliz. in Scaccar, fo. 36.

AN Ejectione firmae of Lands in A. B. and C. tryed for the Plaintiffe by a Visne out of A. onely, this is insufficient, and not remedied by any Statute.

Gardiners Case, 21. Eliz. Banco regis. fo. 37.

23. Jurors are returned, 12. appeare and finde for the Plaintiffe, this is remedied by 18. Elizabeth, cap. 14.

Bishops Case, 34. Eliz. banco regis, fo. 37.

VAriance is betweene the Writ and count in name, the Plaintiffe recovers, the Defendant bringeth Error, the Writ was remov'd into the Kings Bench, and the judgement was reversed, because the Statute

remedieth where there is no Originall, but not where the Originall is vitious, and although it were remo∣ved after pleading, &c. yet because the fault ap∣peared to the Court, the judgement was reversed.

Teys Case, 34. Eliz. Banco regis fo. 38.

BAron and Feme levy a fine to one who grants and renders to them two, and to the Heires of the Baron, and after renders part to the Feme in taile, the remainder over, the Heire of the Husband brings a Writ of Error, and assignes for error the said Variance. 1. Resolved, that there needeth not a precise forme in render upon a fine, but it shall be in this case construed, as a grant by Charter, for it is but a grant of record.

2. There are five parts of a fine.

1. The Originall.

2. The License to accord, for which the Kings Silver is due, and ought to be entered upon the Writ of Covenant, and the summe, and he who payeth it, that is, he in whom the fee reposeth, the Plea, and betwixt whom, &c. and the Land ought to be men∣tioned.

3. The concord, which is the substance of the fine, for if upon that, the Kings silver be paid, al∣though the party dye, the fine is good.

4. The Note, which is many times taken for the Concord.

And lastly, the Foote of the fine, after delivery of the Indentures of the fine, the fine is said to be ingrossed.

3. The Conusor shall not assigne error in the ren∣der, because it is to his advantage, and none shall as∣signe Error, except it be to his disadvantage.

Dormers Case, 35. Eliz. Banco regis. fo. 40.

A Common recovery is had in a Writ of Entry, in the Post de uno annuali redditu sive pensione quatuor marcarum, and of an advowson, whereupon a Writ of Error is brought. 1. Because every Praecipe ought to be certaine, but here it is in the Disjunctive. 2. A Writ of entry in the Post lyeth not of an ad∣vowson: But judgement was affirmed, and thereby 'twas resolved. 1. That a common recovery is not like to other recoveries, for it may be averred to an use. 2. It is by mutuall consent, & consensus tollit errorem. 3. A Writ of entry in the Post lyeth of an advowson common, &c. to suffer a common re∣covery and not otherwise, for no other assurance can be had to barre the remainders.

2. The demand of the rent is good, for one of two things is not demanded, but one thing by two names, for rent and pension are Synonima, and the rather here, because it is said to issue out of Land, which a Pension properly cannot. 3. Common re∣coveries are so usuall, that the Court shall take no∣tice that they are common recoveries.

Rowlands Case, 35. Eliz. Banco regis. fo. 41.

A Pannell of a Jury is annexed to the Venire facias without returne, this is vicious and not remedi∣ed by 18. Eliz. cap. 14. for that remedieth insuffici∣ent returnes, but not where no returne.

The Countesse of Rutlands Case, 36. Eliz. fo. 42.

RObert Moore is returned upon the Venire facias, but in the panell before the Justices of Nisi pri∣us, and in the Postea he was named Robert Mawre; if it appeare that Moore is his right name, and that it is he who was sworne, it is good, for by the common Law this was a discontinuance against all the Jurors, and discontinuances are ayded by the Statute, other∣wise if he were misnamed in the Venire facias, and had his right name in the Panell and Postea.

Codwells Case, 36. Eliz. Banco regis. fo. 42.

A Juror who gave verdict, was misnam'd in the Venire facias, and had his right name in the Distringas, and Postea, and for that the judgement was arrested.

Nicholls Case, 38. Eliz. Banco regis. fo. 43.

C. Brings Debt upon a single Bill against N. who pleaded Payment without Acquittance, which was found for the Plaintiffe, although issue was joyned upon a point not materiall, yet after Verdict this is aided by 32. H. 8. and 18. Eliz.

Bohuns Case, 39. Eliz. fo, 43.

A Fine was levyed of a Mannor, and other Lands, to the value of twenty Marks per annum, so that the Kings silver is 40 s which was paid, but in en∣tering of it upon the Writ of Covenant, the Mannor was omitted, and thereupon error was brought; but after that, the transcript of the fine was remov'd into the Kings Bench, the Judges of the common

place amended the Record because it appeares to them that the Kings silver was payd for the Mannor, and where the Writ of Covenant was, Dede meipso, for, Teste meipso, they amended that also, and certifi∣ed it into the Kings Bench upon dimunution, and al∣lowed.

Freemans Case, fo. 45. 41. Eliz. Banco regis.

IN an original Writ &c. Quod nullus faciat vastum ven∣ditionem et destrictionem, where it should be destructio∣nem, the fault was onely in one Letter, the Court resolved upon good Consideration, that it was mat∣ter of substance: for Destrictio is a Latine word, and altereth the sence of the Statute; and matter of Substance in an Originall Writ is not remedied, but matter of forme onely, Vide Statute 32. H. 8. ca. 30. & 18. Eliz. ca. 14.

If an Originall at this day want forme, or containe false Latine, or vary from the Register in matter of forme, after Verdict no judgement shall be stayed or reversed. But if it want substance, although it be the misprision of the Clerke, this is not remedied by any Statute.

Gages Case, 41. Eliz. Banco regis. fo. 45.

A Writ of Covenant to levy a fine, boare Date af∣ter the returne, this is amendable because a common assurance, but in other actions, no amend∣ment, &c.

Cookes Case, 41. Eliz. com. banco. fo. 46.

A Common recovery of the Mannor of Isfeild, by the name of Iffeld, is amendable, because it ap∣peared

to the Court, by collaterall things, shewed unto them that Isfield was intended to passe.