The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...

TRESPASS.

Quid. Quotuplex.

• 1. Court.
• 2. Plaintiff.
• 3. Defendant.
• 4. Thing.
• 5. Writ.
• 6. Process.
• 7. New Assignment.
• 8. Barr.
• 9. Judgment.
• 10. Execution.

Trespass is either by

• Common Law,
• ...
  • upon the doing of wrong to Inheritance
  • ...
    • Corpo∣rate
    • ...
      • Castle.
      • House.
      • Mill.
      • Columbary.
      • Toft.
      • Garden.
      • Land.
      • Meadow.
      • Pasture.
      • Wood.
      • Park.
      • Forrest.
      • Chase.
      • Pond.
      • Tithes.
      • Trees.
    • Incor∣porate
    • ...
      • Village.
      • Way.
      • Common.
      • Fishing.
      • Warren.
      • Game of Swans.
      • Toll.
      • Waife.
      • Stray.
      • ...Bona felonum.
      • Fair or Market.
      • Frank-foldage.
      • ...Returna Brevium.

• ...
  • upon the doing of wrong to Chat∣tels
  • ...
    • Reals
    • ...
      • Son.
      • Daughter.
      • Neece.
      • Ward.
      • Woman.
      • Servant.
      • Prentice.
      • Tenants.
      • Prisoner.
      • Captive.
    • Personal
    • ...
      • Living
      • ...
        • ... Abducta.
        • ... Capta & fugata.
        • ... Capta fugata & impar∣cata.
        • ... Capta & interfecta.
        • ... Districta.
        • ... Fugata.
        • ... Imparcata.
        • ... Interfecta.
        • ... Percussa.
        • ... Tonsa.
      • Dead
      • ...
        • ... Arrestata.
        • ... Capta & arrestata.
        • ... Capta & asportata.
        • ... Combusta.
        • ... Consumpta.
        • ... Depasta.
        • ... Districta.
        • ... Extracta.
        • ... Extracta & aspertata.
        • ... Faleata & asportata.
        • ... Fracta.
        • ... Impedita.
        • ... Submersa.
        • ... Succisa & asportat••.

• ...
  • Upon the doing of wrong to the Body,
  • ...
    • Menace.
    • Siege.
    • Assault.
    • Battery.
    • Wounding.
    • Imprisonment.
    • Imprisonment till they make
    • ...
      • Fine.
      • Acquittance.
      • Statute.
      • Obligation.
      • Find Pledges.
      • Release.
      • Oath.
    • Against a Goaler for putting Irons upon one.
• Statute Law,
• ...
  • Marlebridge, cap. 2. For distraining to come to his Leet.
  • Cap. 4. Averia ad loca incognita fugata de com. in com. Westm. 1. cap. 16. 1 & 2 Mar. cap. 12. excessive distress.
  • Cap. 5. Distress, extra foedum, Westm. 1. cap. 16.
  • ...In via Regia.
  • ...In com. strato.
  • Cap. 28. For a Successor, of a thing taken in the time of his Predecessor.
  • Westm. 1. cap. 17. Distress by a Baily not sworn.
  • 21 Edw. 1. De malefactoribus in pareis & viva∣riu, &c.
  • 4 Edw. 3. cap 6. For Executors De bonis aspor∣tatis in vita Testatoris.
  • 5 Rich. 2. cap. 7. Entrie ubi non datur per Le∣gem.
  • 8 Hen. 6. cap. 9. Forcible entry.
  • 1 & 2 Mariae, For severing a Distress taken at one time.

Trespass. In what Court Trespass lies.

* 1.1IN the County Court; but then it shall not say vi & armis, Nat. br. 85. G. neither against the peace, because the Sheriff cannot determine it, Regist. 92. A. for that Court is not to meddle with criminal matters.

Note, Regist. orig. 111. B. Trespass vi & armis,* 1.2 shall not be sued in any Court but the Kings, or before his Justices, if otherways a Supersedeas shall be awarded, Coke 8. part. 120. A. for he is the proper Judge of such matters, as the chief conservator of the Peace.

In the Marshalsey,* 1.3 if the party be of the Hou∣shold, Trespass lies; but then it shall say vi & ar∣mis, for battery or carrying away of goods, and no other causes, Coke 10. part. 72. A. which in∣deed are rather civil than criminal causes.

For it shall not be Quare clausum fregit, Coke 10. part. 76. A. which is of a higher nature, and may concern title of Land.

It lies in Chancery for one priviledged there,* 1.4 Regist. orig. 104. A. No. Lib. Intra. 678. B. sect. 20. in respect of his attendance required there.

And there shall be an Alias, &c. Regist. 104. A.

It lies in Com. Ban. or Ban. Regis, Nat. br. 86. G. for these are high Courts of Record.* 1.5

* 1.6If Trespass be brought in the Court of the King, where the reality shall come in debate, An∣cient Demean is a good plea, because the Title ought to be tried there, Coke 5. part. 105. as in trespass for Trees, where the Defendant claims Franktenement in the land where the Trees grew, 6 Hen. 4.1. pl. 6. otherwise it is no plea, 46 Edw. 3.1. pl. 2. because the Action is personal, which may be any where sued.

In Trespass for a Pigeon-house with Pigeons, it is no plea, 47 Edw. 3.22. pl. 54. viz. Ancient demesn, because the Action is chiefly in respect of the Pigeons.

So in Trespass upon the Case, 5 Rich. 2. cap. 7. because dammages are only to be recovered, 21 Edw. 4.3. 2 Hen. 7.17. pl. 1. 47 Edw. 3.22. pl. 54. 46 Edw. 3.1.▪ pl. 2. which are personal.

And note,* 1.7 none may plead this, but the Ter∣tenant of the Land in Ancient dem••••n, 2 Hen. 7.17. pl. 1. and that in respect of his service to be done to the Lord there.

Trespass in the Five Ports, the Writ is, Dilecto & fideli suo W. Constabular. Castri sui de D. & Custodi quinque Portuum suor. salutem. Mandamus vobis quod Audita quaerela A. de quadam transgr. eidem A. per B. qui est de libertate Portuum prae∣dict. illat. ut dicitur, auditisque hine & inde ea∣rum rationibus, eidem A. facias exhiberi celeris justitiae complementum, prout de jure & secundum legem, & consuetudinem portuum praedict. fuerit faoiend. ne clamor ad nos inde perveniat iteratus, &c.

Who shall have Trespass.

Note, that he that taketh only the profit of the soil of anothers Land, shall not have a Tres∣pass Quare clausum fregit, 15 Hen. 7. 14 Hen. 8. because he hath no interest in the soil.

He that hath certain Acres of land annuatim, shall have Trespass, for he hath a term in those Acres of land.

An Administrator shall have Trespass for goods of the Intestates taken out of the possession of the Administrator,* 1.8 Regist. orig. 94. A. 22 Edw. 4.120. pl. 32. the Count, Lib. Intra. 649. D. Sect. 1. for he hath a property in them ratione Admini∣strationis.

An Administrator shall have Trespass for goods taken out of the possession of the Intestate, in respect of his interest in them, Nat.br. 92. A. 14 Hen. 7.13. Tremaile, the Count, Lib. Intra. 640. A. Sect. 1.

An Executor shall have it,* 1.9 per the Stat. of 4 Edw. 3. cap. 6. and the Statute of 31 Edw. 3. gives the same remedy to an Administrator; but this is by the equity of the Statute, 4 Edw. 3. cap. 7. Crooke 24 Hen. 7.101. B. pl. 2.

An Administrator shall have an Action of Trespass before the Administration committed to him;* 1.10 but not against him that justifies under the Ordinary, for he was Administrator pro tempore, 18 Hen. 6.22. pl. 7. 36 Hen. 6.8. A Prisot, Register Original 102. B. that is, for goods taken before the Administration granted.

But if the Administration be committed by word to A, who sells goods to B, and dies, and the Administration is committed to C; quaere, if C shall have Trespass for the goods sold: It seems not, for A had authority, as it seems, to sell.

An alien Friend shall have all Actions perso∣nals,* 1.11 6 Hen. 8. Dyer pl. 8. Coke 7. part. 17. A. ratione commorantiae by the Law of Nations, which the Common Law maintains.

But an alien Enemy shall have no Action, 6 Hen. 8. Dyer 2. pl. 8. Coke 7. part. 17. A. 14 Hen. 8.4. for it is not reason, that he that wishes ill to the Nation where he lives, should have the pro∣tection of their Laws.

* 1.12Husband and wife Executrix to B joyn in Trespass for taking the Goods during coverture, 21 Edw. 4.5. per Littleton, and good, in respect of the Husbands interest in right of his wife, viz. in taking her goods.

In a Trespass done to the wife sole, who takes a Husband, they shall have Trespass in both their names, Nat. br. 87 H. Regist. orig. 95. A. for the dammages do concern the Husband, 21 Hen. 6.30. pl. 16. Lib. Intr. 6.50. C. Sect. 3. and the Count shall be bona & catalla of the wife, 7 Hen. 7.2. vide 14 Eliz. Dyer 305. pl. 59. the Count, Lib. Intra. 650. C. Sect. 3.

Husband and wife may joyn in Trespass for the beating of the wife, 46 Edw. 3.3. pl. 5. 22 Assize 60, & 87. Regist. 105. B. Lib. Intra. 612, & 668. C. Sect. 4. for he is damnified by it, as well as his wife, viz. by losing his labour and society.

So for imprisonment of the Wife, Coke 5. part 59. A. Fosters case, for the same reason.

But if they joyn for battery of both, this a∣bates for the battery of the Husband, 9 Edw. 4.54. 3 Edw. 3. brev. 737. For the battery of the Husband is not the battery of the Wife; and so as to that, she hath no cause of Action.

And if they brought a Trespass for beating and taking away of Goods during the coverture, thé Writ shall say de bonis of the Husband; for the Wife cannot have a property during the coverture, Regist. orig. 105. B.

And if the Husband and Wife are beaten, they shall have several Actions, Regist. orig. 105. in the Note, quia transgressio personalis ought to be brought only by the person injured.

Trespass quare domum suam fregit, & maremium iude asportavit, &c. being the house of the Wife, is good by the Husband alone, because he may pull it down and sell it, 43 Edw. 3.16. pl. 15 & fol. 26. pl. 6. Q. It seems so, because he cannot be sued for it during the coverture.

So for entring and chasing and carrying a∣way of the Deer in a Park, although the Wife had a joint Estate with her Husband, yet it is a personal thing in the Husband, 43 Edw. 3.8. pl. 23.

So for Deeds concerning the Land of the Wife, 8 Hen. 5.9. pl. 13. For Deeds are Chattels, though they concern the Realty.

So in trespass upon the Statute of 5 Richard 2. cap. 7. because he only shall have dammages, 38 Hen. 6.3. pl. 9.4. Edw. 4.13. if he recover.

So for taking away of his Wife and his Goods,

Nat. br. 89. O. 14 Hen. 6.2. pl. 11. 6 Edw. 3.208. pl. 2. 43 Edw. 3.23. pl. 15. 44 Assize pl. 13. Regist. orig. 97. A. for this is given by Westm. 1. cap. 12. & Westm. 2. cap. 34. It seems this Statute was but in affirmance of the common Law.

Quando breve fertur ab aliquibus ad liberum te∣nementum annexis fiat in nomine amborum,* 1.13 sed si sit de rebus libero tenemento non annexis in no∣mine viri tantum, sed si sit de domo fracta sit in nomine amborum, sed alii Clerici dicunt quod fiat in nomine viri tantum, Regist. orig. 108. B. This is when trespass is brought concerning House and Lands of the Wife being covert.

Vide tamen in nomine amborum de clauso fracto & bona, &c. Lib. intra. 640. B. sect. 4. & fol. 662. D. sect. 21 Rich. 2. brev. 933. Q.

* 1.14The King collates, and the Sheriff puts him in who is collated, he shall have trespass, Nat. br. 37. D. if the Trespass be done after he be put in.

A Commoner shall not have Trespass for any thing in the Land,* 1.15 viz. the soil of a Common, 4 Hen. 7.3. 15 Hen. 7.13. pl. 1. & fol. 12. pl. 23. For he hath only an interest in the Herbage, Q. tamen.

* 1.16A lets Land to B, for to sow, and A to have the Moiety of the Corn, yet B cannot have tres∣pass Quare clausum fregit against him for wast∣ing of the Corn, for he hath interest in the whole Crop, Hill. 30 Eliz. H••re versus Oakley. And although this was not pleaded in abatement, yet the special matter being found, the Plaintiff shall not have judgment, because it appears to

the Court they cannot be disjoined to have an acti∣on in such form. For they are upon the matter joint-tenants of the Land.

* 1.17He to whose use, shall not have Trespass in his own name, but in the name of the Feoffees, Crooke 17 Hen. 7.41. pl. 2. For the Estate in Law is in them.

A Copy-holder shall have trespass for the break∣ing his Close, and cutting his Trees,* 1.18 2 Hen. 8.4.12. Coke 4. part. 21. B. No. Lib. intra. 644. C. sect. 3. the pleadings. For he hath an interest in both to some purposes.

He shall have it against the Lord, 20 Edw. 3.••0. Coke 4. part. 22. A. For the Lord in this ••espect is in no better condition than a stran∣ger.

Disseisee shall have Trespass for the mean pro∣fits,* 1.19 and all other things after his re-entry, Coke 11. part. 51. A. Liffords case. 3 Hen. 4.13. pl. 18. Gascoigne, 37 H. 6.7. pl. 13. but not be∣fore, because then he had no interest in the Land, but a bare right.

But before his entry, he shall not have Tres∣pass, 32 Hen. 6.32. A. 38 Hen. 6.28. A. For∣tescue, viz. against one that entred before he was disscised. Q.

Unless in case of necessity, as Tenant for the Life of another is disseized, and he for whose life he hath it, dies, or Tenant for years is outed, and the years expire, they shall have Trespass a∣sore the entry, and recover the mean profits, 38 Hen. 6.28. B. Where there is a necessity, the Law doth give way to usual things rather than there should be a failure of Justice.

An Executor shall have Trespass for Goods taken out of the possession of the Testator,* 1.20 Nat. Br. 87. E. Regist. 98. A. in respect of his interest by his Executorship.

And the Writ shall not say ad grave damnum neque in retardationem executionis testamenti, Re∣gist. orig. 98. A. the Count, Lib. intra. 640. A. sect. 2.

But this was given by the Stat. of 4 Edw. 3. cap. 6. 14 Hen. 7.13.

And at this day an Executor of an Executor shall have such an Action, Regist. 98. A. the rule there; it seems upon the equity of the former Statute.

But he should not have had it before, 25 Edw. 3. viz. at the Common Law. cap. 5. Com. 290. A. Chapmans case.

But an Executor shall not have such Action De clauso fracto, 11 Hen. 4.3. pl. 8. 4 Edw. 4.8. A. Catesby. viz. in vita Testatoris; for this is not within the Statute.

Neque de Arboribus succisis tempore Testatoris, 18 Edw. 4.16. A. Pigott. Nor this, and so both are left at the Common Law.

An Executor shall not have Trespass before probate of the Will, unless it be for a thing taken out of his own possession, Com. 281. Q. ratio∣nem differentiae.

One Executor shall have Trespass for a thing taken out of his possession, with his companion, 42 Edw. 3.26. pl. 12. 2 Rich. 2. Executor 75. For Executors are but as one person in Law, or he may bring it alone.

But the 19 Hen. 6.65. to the contrary. Q. Executor shall have Trespass de bonis Testatoris ••sportatis in custodia sua exten. Regist. orig. 94. A. 2 Hen. 7.15. 6 Edw. 4.1. and good; for they are accounted the Testators, though to be disposed of by the Executor in performance of the will.

A. takes Administration of the Goods of B, C proves a Will, by which he was made Exe∣cutor, and brought Trespass against A for the Goods, it lies, although the Administration was not repealed; for the Administration was void from the beginning, Mich. 12. Jac. Ban. Regis. Fisher & Young. because there was a Will made.

An Executor shall have Trespass against the lessor which outs him, during the Term, Regist. rig. 102. B. if he have a Lease parol. Q. if by Deeds, whether he ought not to bring an Action of Recovery.

If the Lessor outs the Executor of the Lessee, the Writ shall be Summon. per bonos summonit. &c. but if he outs him, and takes the Goods of the Lessor within the Land, the Writ shall be pone per vad. &c. Regist. orig. 102. B. in the Note, and this is in respect of the dammages he is to an∣swer for taking the Goods.

Trespass lieth by a Goaler against one that takes 〈◊〉〈◊〉 prisoner from him;* 1.21 for the Gaoler is liable for the person; but a good bar that he is not Goaler, because it is the ground of the Action, 4 Edw. 4.6. pl. 7. & fol. 44. pl. ult.

Church-wardens shall have Trespass for the Goods of the Church taken in their time,* 1.22 or in the time of their Predecessors, Nat. br. 91. K.

8 Edw. 4.6. pl. 5. 12 Hen. 7.27. pl. 7. 11 Hen. 4.12. 8 Hen. 5.4. 37 Hen. 6.30. 10 Hen. 7.9. pl. 5. For they are intrusted with them to the use of the Parishioners.

But they shall count ad damnum parocbiano∣rum, 8 Edw. 4.6. pl. 12 Hen. 7.27. pl. 7. For the Goods are the Parishioners, and the Church-warden is interested in their right, and is account∣able unto them.

But a good plea that he is not Churchwarden, 4 Edw. 4.7. A. For that destroys the supposal of the Writ.

But 19 Hen. 6.66. says; that it is not good for Goods in the time of their Predecessors. Q. yet the Law seems to be otherwise, else the pa∣rishioners might be damnified.

Trespass for making a Grant of Rent in see ta∣ken to the use of the Parochians, Lib. intra. 7. D. Q.

* 1.23Every Ancestor male or female, shall have Trespass for ravishing of his or her Heir appa∣rent against a stranger, but not against the Gar∣dein in Chivalry, unless the Father only, Coke. 3. part. 38. B. Ratcliffs case, Nat. br. 143. R. 30. Edw. 6. pl. 7. & fol. 16. pl. 19. Regist. orig. 98. B. & 99. A. and the Mother; for the education of the Heir doth properly belong to the Father and Mother.

A man shall have Trespass for his Son and Heir, Daughter and Heir taken away, Nat. br. 98. H. 29 Assize 35. 21 Hen. 6.14. pl. 29.12 Hen. 4.16. pl. 9. 3 Edw. 4.12. B. Danby. For it is an injury to the Parents to lose the comfort of the Child, especially the eldest.

And this of what age soever his Son be, 32 Edw. 3. Gard. 32. though the dammage may be greater or less in regard of the Age.

A Grantee of Herbage of Land shall have Tres∣pass,* 1.24 quare clausum fregit for the Grass, but not for the other profits of the Land, as Fruit-trees, and the like, 11 Eliz. Dyer. 285 pl. 40. 3 Hen. 16. 13. A. 5. Hen. 7.10. B. For he hath no∣thing but the Herbage granted unto him.

The Heir shall have Trespass for taking of a Deed concerning Land to him descended,* 1.25 and it is good, although he doth not say, scriptum suum, because of necessity it must belong to him, 1 Edw. 3.18, pl. 11. For it goes along with the inheri∣tance.

But not against an Executor that taketh a Box with Deeds. 1. Because the Box appertaineth to him. 2. He had not knowledge what was in the Box. 3. The Heir hath other remedy a∣gainst him, scilicet a Detinue, 43 Edw. 3.24. pl. 3. because the Box and Deeds come to him in a lawful way, though he cannot justifie the detain∣ing.

But it lies against an Executor for taking away a Furnace fixed, or Fatts fixed to the Free-hold, or Pales fastned, Windows, Doors, Evidences loose, 21 Hen. 7.26. pl. 4. because they all be∣long to the Free-hold as part of it.

It lies for an Heir against an Executor for ta∣king Fishes out of a Pond, Mich. 36 Eliz. Ban. Regis. Rot. 25. Parlett versus Gray. Crooke 118 pl. 60. For they belong to the soil, viz. the Land covered with Water which makes the Pond.

So for Deer or Pigeons, vide Assize 27. pl. 29. but not tame Deer or tame Pigeons; the out is as it were an Inheritance, the other a Chattel.

The Lessor excepts the Trees,* 1.26 he shall have Trespass quare clausum fregit, 14 Hen. 8.1. 28 Hen. 8. Dyer. 19. pl. 48. 46 Edw. 3.22. pl. 3. Coke 8. part. 63. A. Swaynes case. against the Lessor, if he cut them down.

A Lessor at Will shall not have Trespass, al∣though he determines his Will, until he enters, Crooke 3. Hen. 8.163. pl. 4. For before he hath no Title.

A enters upon Tenant at Will, and subverts the soil, he shall have one Action, and the Les∣sor another, 19 Hen. 6.45. pl. 94. so of a Copy∣holder and Lord, 2 Hen. 4.12. Coke 4. part. 31. A. For as they are both damnified, so it is reason they should both have recompence.

Lessee cuts Trees to the intent to repair,* 1.27 the Lessor takes them, the Lessee shall have Tres∣pass, 44 Edw. 3.44. for the dammage done him in causing him to lose his labour in cutting of them.

A stranger cuts Trees, the Lessee shall have Trespass, and shall recover treble dammages, Doct. & Stud. 34. A. 23 Hen. 8. Br. wast. 138. 44 Hen. 8.26. because the Lessor shall recover so much of the Lessee in respect of the Waste.

But if the Lessor dies, the Lessee shall reco∣ver but single dammages, 44 Edw. 3.26. Crooke 3 Hen. 8.163. pl. 4. because no more shall be re∣covered against him by the Heir.

1. If the Servant be beat,* 1.28 the Master shall have Trespass, Nat. br. 91. I. Regist. orig. 102. A.

8 Hen. 6.28. 19 Hen. 6.35. pl. 73. although he be but a servant at will, 21 Hen. 6.9. A. New∣ton. vide 11 Hen. 4.2.2. For the beating of the Servant is a dammage to the Master, and the Ser∣vant may also have this Action.

2. For taking away his Apprentice, Nat. br. 91. I. 8 Hen. 6.28. 21 Hen. 6.31. pl. 18. where∣by he loseth his service.

3. The Lord of a Villain shall have Trespass, 22 Hen. 6.30.32. for taking away his Villain, or beating him, as it seems.

The Ordinary shall have it for a thing taken out of his possession,* 1.29 Nat. br. 91. M. 18 Hen. 6.23. 7 Hen. 4.18. pl. 22. 11 Hen. 7.12.17 Edw. 2. brev. 8 22. as Ordinary, for he hath a kind of property in it. But not for a thing which was not in his possession, Nat. br. 92. A. Coke 9. part 39. A. Henslees case, 7 Hen. 4.18. pl. 22. For the Law takes no notice of his right without a possession.

A Parson shall have Trespass for Tithes taken after severance of the 9 parts,* 1.30 10 Hen. 4.2. pl. 2. Gascoign, 21 Hen. 7.27. pl. 5. before any seisure, because it is certain by the severance what was his, and the Law casts the possession and pro∣perty upon him, Com. 281. A. Foxes case.

But not of a Mortuary before seisure, Com. 281. A. 10. Hen. 4.1. but there is but a bare customa∣ry right.

A Parson or Vicar shall have Trespass for the Walls or Glass of the Church, or Grass or Trees in the Church-yard, &c. or Glebe-Land, 11 Hen. 4.12. pl. 25. 8 Hen. 6.9. pl. 20. 11 Hen. 6.4. B. Danby. Q. For the Church belongs

to the Parishioners, and the Chancel to the Par∣son, yet the free-hold of the Church is in the Parson.

Parson imparsonee shall have Trespass against any that is admitted and inducted into the said Church, if he intermeddle with the Glebe or Tythes, Com. 500. B. 38 Hen. 6.24. 39 Hen. 6.24. & 27. because they belong unto him.

* 1.31He that hath a protection Royal, shall have Trespass against him that takes his Goods, Nat. br. 92. B. though if not protected, he might take them; for during the protection, he is not to be molested, and so hath wrong done him.

If one hath the possession of a thing,* 1.32 he shall maintain an Action against him that hath no right, Com. 546. A. whether his possession be lawful or not.

But note,* 1.33 that upon a possession in Law only he shall not have Trespass, 22 Hen. 6.49.5. but it must be an actual possession, for that is vi∣sible and notorious, and the other is not so, but may be disputable.

But if A gives Goods to B, B shall have Tres∣pass before possession, for he hath the property in Law in them, 2 Edw. 4.25. per 2 Justices, Coke 3. part. 26, 27. Butler & Baker. and pro∣perty in Law is made then a possession in Law.

In a Trespass brought it was found by office, that another was Tenant, and that it escheated to the King, this shall abate the Writ as to the things upon the Land, Com. 488. B. Nichols case, & 546. A. 19 Edw. 4.2. pl. 5. because the Land was the Kings, and not the Plaintiffs.

He that enters upon the possession of the King, shall not gain possession, therefore he shall not have Trespass, Com. 546. A. Paramors case. 2 Hen. 4.7. pl. 29. For nothing can pass out of the Crown but by matter of Record.

Or upon a Farmer of the King, 2 Hen. 4.7. pl. 29. For he is in upon the Kings right, and the prejudice done unto him, is done unto the King immediately.

But against him that outs the Farmer, the King shall have Trespass, Com. 546. A. Para∣mors case. Q. whether the Farmer may not also have Trespass.

The King shall have Trespass,* 1.34 Nat. Br. 90. I. Regist. orig. 99. A.

And in this case the party cannot make fine, because the dammages are to the King himself, to Hen. 4.3. pl. 7. and the fine shall be inclu∣ded in the dammages. Q. tamen. For it seems he shall make fine.

But for Trespass in the Rings Lands there uses to be an information in the Exchequer, Nat. br. 90. I. This is not by way of English Bill, but on the Pleas side. Q. if it may not be by an En∣glish Bill.

And in such case the judgment is, that the par∣ty shall be removed and put out of possession, al∣though that it be but a personal Suit, and the re∣moval shall be by Writ formed in the case, di∣tected to the Sheriff. Com. 561. B. This Judg∣ment is by way of Decree; ergo on the Pleas side.

But the King may have a Trespass quare clan∣sum fregit, Nat. br. 90. I. if he will.

The Queen shall have Trespass without the King,* 1.35 Nat. Br. 101. for Lands belonging to her Revenue, and she is not in the nature of another Feme covert.

Revusancy shall be pleaded in disability to sue an Action of Trespass for as many Hereditaments as are not seised into the Kings hands,* 1.36 3 Jac. cap. 5. For such as are seised concern not the Recu∣sant.

A Bishop shall not have an Action of Tres∣pass for a Trespass made in a vacancy of the Bishoprick,* 1.37 39 Edw. 3.12. pl. 18. 18 Edw. 2. Trespass 237. For that could not concern him, but the Guardian of the Spiritualties, as it seems.

Vide tamen Regist. 101. A Writ formed in such case for the succeeding Bishop. Ergo. Q.

* 1.38A Master of an Hospital shall have an Action of Trespass for a thing done in the time of his Predecessor; for the dammage redounds to the House, Nat. br. 89. G. Regist. orig. 196. B. the Writ there. And by the same reason why may not the Bishop for a Trespass done in the Vacancy?

* 1.39Tenant at Will shall have Trespass against a Stranger, 19 Hen. 6.45. pl. 94. 12 Edw. 4.8. pl. 20. 35 Hen. 6.5. pl. 7. For he hath a Title against him.

For entring his Close, and burning his Hay, 35 Hen. 6.5. pl. 7.

Copy-holder shall have Trespass,* 1.40 Coke 4. part. 31. A. 2 Hen. 4.12. pl. 49. Coke. 4. part. 4.21. B, & 23. B. and this before his admission, per descent; for his admission is but a Ceremony, yet essential to his Estate.

* 1.41Tenants in Common join in Trespass touching their Tenancies, Littleton, sect. 315. 18 Hen 6.5. 14 Hen. 6.9. pl. 38. 12 Hen. 6.4. pl. 11. 45 Edw. 3.13. 5 Hen. 4.1. 14 Hen. 4.31. 43 Edw. 3.24. pl. 3: 22 Hen. 6.12. in respect of their common and undivided interests.

But if one dies, the other shall have an Action for all the Trespass, 43 Edw. 3.24. pl. 3. For it survives with the Land.

They ought to join in Trespass, 5 Rich. 2. cap. 7. 34 Hen. 6.32. pl. 16. 4 Edw. 4.18. 21 Hen. 7.22. because it concerns them both in common and undividedly.

Note, For battery they shall not join, Reg. orig. 105. B. For that is a distinct Trespass; for the beating of one is not the beating of the other.

A had Male Swans, B Female, which having young ones, for the young ones they shall join, if they be taken away, because they are Tenants in Common, Coke. 7. part. 17. A. 2 Rich. 3.15, 16. of the Swans and the young ones.

One Tenanant in common shall not have Tres∣pass de bonis asportatis, against his companion that takes them, Lib. Intra. 653. B. sect. 3. be∣cause he hath an interest in them.

* 1.42Tenant for anothers Life is disseised, he for whose life he held dies, Tenant for anothers Life shall have Trespass without re-entry, because the Act of God shall not prejudice him, 19 Hen. 6.28. B. Ascough. Coke 5. part. 41. Kniets case.

* 1.43Tenant at sufferance shall not have Trespass, Crook. 17 Hen. 7.47. A. for the feebleness and uncertainty of his Estate.

If a man be outlawed or attainted in Trespass or Felony,* 1.44 and pardoned, he shall have Trespass for Trespass done to his person before the pardon, 29 Assize pl. 63. No. Lib. intra. 248. A. 30 Edw. 3.4. pl. 18. For by the pardon he is made rectus in curia, and restored to the priviledge of the Law ab initio.

But for other Trespass, quaere 5 Edw. 3.170. viz. concerning his Goods or Lands in respect of the forfeiture.

But before a Scire facias be brought upon the pardon, he cannot without doubt, because the pardon was conditional, 21 Edw. 3.55 pl. 7. Q.

Against whom Trespass lies.

Administrator takes the Goods,* 1.45 B proves a Will, by which he was made Executor, and brought Trespass, and it lies, although the Ad∣ministration were never repealed; for the Admi∣nistration was void ab initio, and the Administra∣tor a Trespasser, Mich. 12. Jac. Ban. Regis. Fisher & Young.

A makes a Trespass,* 1.46 B agrees to it afterwards, and avows the doing of it; yet B is no Tres∣passer, 9 Edw 3.35. pl. 17, For the consenting is a matter ex post facto, and cannot make him a Trespasser ab initio.

Trespass lies against an Alien,* 1.47 Digest. br. 72. A. For an Alien is subject to the Laws of the Land, as much as concerns the peace and quiet of it.

* 1.48A person attainted shall be sued in Trespass, Mich. 38, & 39 Eliz. Com. Ban. Banister & Trussel. No. Lib. intra. 248. A. For he shall not take advan∣tage of his own wrong, to plead it in bar to the prejudice of another.

An Infant makes a Letter of Attorney to A,* 1.49 to take Livery and Seisin for him, A takes it, the Infant shall not have Trespass against A, be∣cause it is for his advantage to take the Livery for him, 21 Hen. 6.31. B. Ascue.

* 1.50Trespass De muliere abducta cum bonis viri, &c. lies against Husband and Wife, because the Wife may assent at the time to the Ravishment, and also to the carrying away of the Goods, 43 Edw. 3. pl. 15.44. Assize 13. and this Assent makes her a joint Trespasser with her Husband.

Trespass against Husband and Wife, the Wife is taken by Capias, but not the Husband; Dod∣deridge and Haughton Justices said, that if the Declaration be against the Wife alone, it is not good, and if there be no Declaration, the Wife shall be at large; but afterwards Dodderidge said, a Declaration shall be put in against the Husband and Wife, and the Wife appearing, shall be com∣mitted to prison; to which Crooke agreed: yet quaere what was done in it, Mich. 15 Jac. Ban. Regis. Ashwel against Opshard and his Wife; if no Bail be put in for her: So hath it been since held by Rolle Chief Justice.

If the Woman beat another, the Husband must be named in the Writ, Regist. orig. 105. B. Lib. intra. 612. A. sect. 11. for he must an∣swer for his Wifes behaviour.

Trespass lies against him that commands ano∣ther to do a Trespass,* 1.51 Doct. & Stud. 19. A. ta∣men quaere. For it seems otherwise.

* 1.52It lies against a Master of an Hospital and his Brethren, Regist. orig. 105. B. For they are one body in Law, and so it is but one Trespass done by them all.

* 1.53It lies against a Dean and Chapter, 32 Hen. 6.8. pl. 13. for the same reason.

* 1.54It lies against a Mayor and Communalty, Qua∣re vi & armis, 38 Edw. 3.18. 8 Hen. 6.1. 9 Hen. 6.36. 20 Hen. 6.9. 15 Edw. 4.2. 4 Hen. 7.13. 32 Hen. 6.10. for the same cause.

But no Capias lies against them, because they cannot appear all in person; for this would make confusion, 45 Edw. 3.2 & 3. 22 Assize 67. 21 Edw. 3.59. pl. 1. But they must appear by an Attorney for them all.

Disseisee shall have Trespass against his Dissei∣sor before his entry,* 1.55 for the former entry upon his Disseisin, 32 Hen. 6.32. 38 Hen. 6.28. A. Fortescue.

But after his entry he shall have Trespass a∣gainst the Disseisor for all the mean profits taken during the Disseisin, Coke 11. part. 51. A. Lif∣fords case, 3 Hen. 4.13. pl. 18. Gascoigne. 37 Hen. 6.7. pl. 12.

But shall not have Trespass against the Dissei∣sor of the Disseisor, for then the last Disseisor should be twice charged, Coke 11. part. 51. once by the first Disseisor, and a second time by the Disseisee, which is unreasonable.

Neither against the Feoffee or Feoffor of the former Disseisor, 34 Hen. 6.30. pl. 14. 13 Hen. 7.15. Coke 11. part. 51. for the same reason. Liffords case, 2 Edw. 4.18. pl. 12. per 2 Justices, Crooke 12 Hen. 7.1. pl. 2.

But against a Co-adjutor of a Disseisor it lies, 21 Edw. 4.5, & 19. for he is as the Dissei∣sor himself.

It lies against an Infant,* 1.56 Digest. br. 72. Q. of what age. It seems at the age of Discre∣tion.

It lies not against an Executor,* 1.57 quia actio personalis moritur cum persona, Doct. & Stud. 75. viz. for a Trespass done by the Testator, if personal.

Guardian shall have Trespass against his Ward,* 1.58 5 Hen. 4.2. pl. 7. Q. for what Trespass; whe∣ther for a Trespass done to him as his Guar∣dian?

It lies against an Ideot,* 1.59 Digest. br. 72. A. Q. for it seems it lies not against one not com∣pos mentis.

Trespass and Imprisonment lies not against any of the Judges at Westminster,* 1.60 although he com∣mit him without cause, 21 Hen. 6. pl. 9. in fine. For this would be to affront Justice, to call the Judges in question for doing things as Judges. But they are questionable by the King.

But if Auditors commit not an Accomptant forthwith, but at another time,* 1.61 Trespass lies against them, 27 Hen. 6.8. pl. 7. For their pow∣er is limited to time and place; for they are Judges but hac vice.

It lies against a Miller that takes toll of them that are Toll-free,* 1.62 41 Edw. 3.24. pl. 17. 44 Ed. 3.20. pl. 16. for it is dammage to them, and wrong in the Miller.

It lies against the Queen sole without joyning the King;* 1.63 for the King cannot be a Trespasser to any.

Trespass lies not against the Lord,* 1.64 per Marle∣bridge cap. 13. Q. for what Trespasses, and by whom. It seems for Trespasses done to his Vil∣lains most properly.

Non ideo puniatur dominus per redemptionem, Coke 4. part. 11. B. Bevills case.

But afore this Statute Trespass did lie against the Lord vi & armis, 48 Edw. 3.20. pl. 16 Thorp. for there the peace of the Commonwealth is con∣cerned.

The reason that it lies not against the Lord is, insomuch that he cannot come within his Te∣nants Land, being within his Fee, against the peace, although he had not cause to distrain; for it seems he may go any where within his own Fee, 47 Edw. 3.7. pl. 3. Finchden. Quaere ta∣men.

This Statute is intended as well to every Lessor as of the Lord, 9 Hen. 6.43. pl. 21. this is in cases of Entries to distrain.

If the Lord distrain where nothing is in ar∣rear, yet Trespass lies not against him, Coke 4. part. 11. B. Bevils case, 9. part. 76. A. because he may do this as Lord. Q. for it seems unreasonable to vex his Tenants without cause; yet they are not without remedy, for they may replevy the distress.

But if the Lord distrain where there is no∣thing arrear, and the Mesn will put his Cattel in the Pound for the Cattel of the Tenant, and the Lord will not permit him, Trespass lies against the Lord, Coke 9. part. 22. B. Case of Avowry; because here the Lord is offered a legal way to come to his right, if any thing be due to him.

And if the Lord incroach, and afterwards di∣strain for the Services, and for the Incroachment also, the Tenant may tender the very Services, and shall have Trespass for the other, Coke 4. part. 11. B. Bevils case, 10 Hen. 6.3. pl. 11. for though the Law favour him as Lord, yet it will not countenance his incroaching.

And if a Baily or Servant distrains where no∣thing is arrear, Trespass lies, because it is not within the Statute, Coke 9. part. 76. A. Combs case, 9 Hen. 5.10. 11 Hen. 4.78. B. 9 Hen. 7.4. 48 Edw. 3.20. pl. 16. and they must take heed not to be too officious for their Master.

* 1.65When the Lord abuses his Authorty given him by the Law, he shall be punished by Trespass, Coke 8. part. 146. the six Carpenters case; for the Law will not countenance wrong, but punish it in any person.

If he labour or kill the Distress, 8 Edw. 4.15. 22 Edw. 4, 5. pl. 16. & fol. 47. pl. 22. Coke 8. part. 146. B. Trespass lies; for he must use it only as the Law allows.

If he tie the Cattel in the pound, 27 Assize 64. which he ought not to do, Trespass lies against him.

If he break the hedges or gates, or such like, of the party where he distrains, 20 Edw. 4.3. pl. 11. 48 Edw. 3.6. pl. 10. for though the Law allow him a way to come by his right, yet in do∣ing it, it allows him not to do dammage to the other unnecessarily.

If he cut the Trees, or stay all night, 11 Hen. 4.75. upon the Land, for this the Law warrants him not to do.

The Lessee cuts Trees to repair, the Lessor carries them away, and Trespass lies against him, 44 Edw. 3.44. for the Lessor might cut them, and therefore to take them away was a Tres∣pass.

If the Lessor distrain dammage feasant, 5 Hen. 7.10. pl. 2. upon the Land left; for he hath no present interest, and so there can be no such dam∣mages.

So if he out the Termor, 48 Edw. 3.6. pl. 11. Trespass and Ejectment lies.

Or the Executor of the Termor, Regist. orig. 102. B. may have this Action, for now the term is come unto him.

The Lessor excepts the Trees, and roots them up, it seems Trespass lies, Coke 11. part. 49. B. Lissords case, in respect of the dammage done in the Soil by the rooting. Quaere tamen, for the whole Trees are reserved.

The Lord sells the Distress, and buys it again, Trespass lies, 29 Hen. 8. Dyer 35. pl. 34. for he ought not to sell it, and the buying of it again cannot salve the matter.

It lies by a Copyholder against the Lord that cuts him, 21 Edw. 4.80. Coke 4. part. 22. A.

in respect of his interest in the Land by the Cu∣stome of the Mannor.

The Reason in all these Cases is, when one hath authority, license, or entry by the Law given him, by the misusing it, or the not do∣ing it as he ought, he is a Trespasser ab initio, Coke 8.146.

* 1.66It lies against one that is deaf and dumb, Di∣gest. br. 72. A. for he may see to do a Trespass. Q. if it lies against a blind man; it seems it doth.

* 1.67If Tenant at will make voluntary waste, Coke 5. part. 13. B. Salops case, Littleton, 15. A. fo. per 3 Mariae Dyer 122. B. This is a determination of the Will of the Lessee, and Trespass lies by the Lessor without entry, because the term is deter∣mined.

For cutting Underwood Trespass lies, 2 Edw. 4.24. pl. 25. But quaere in what cases.

* 1.68It lies not against Tenant by sufferance, be∣cause he comes lawfully to the possession, 22 Edw. 4.13. pl. 3. viz. at the first, and he holds not by tort, because by sufferance.

* 1.69If there be two Tenants in common of a fold∣••ge by prescription, one shall have a Trespass a∣gainst the other, for the breaking the fold, Nat. br. 91. A, H. Q.

For taking away the Meer-stones that bound Land,* 1.70 1 Hen. 5.1. pl. 1. for this is a great injury to the Owner of the Land, bounded by them.

Note,* 1.71 when the Court hath not Jurisdiction of the cause commenced there, the Officer that makes the Arrest shall be a Trespasser; but where the Court hath Jurisdiction, and proceeds ••••ronice, there it is not punishable, Coke 10. part.

76. A. for the Officer is not to judge of the pro∣ceedings; but where there is no Jurisdiction the Officers have no warrant at all for what they do, for they are accounted no Officers.

The Sheriff takes one not named in the Writ, Trespass lies against the Sheriff, 11 Hen. 4.91. A. Hankeford, 13 Hen. 4.2. Hankeford & Thirning; for he hath no warrant for the Arrest. It seems also a Writ of false Imprisonment lies.

But if the Plaintiff shew another person to him, that was not to be Arrested, the Action lies against them both, for they are both Actors in the same Trespass.

A procures the Sheriff to Arrest B without a Writ, and after purchased a Writ, and the She∣riff arrests him afterwards, being in his custody, the Action lies, 7 Eliz. Dyer 244. pl. 61. for the purchasing the Writ, and Arresting of him after∣wards, cannot purge the first wrong.

The Sheriff takes B upon a Capias, and re∣turns not the Writ, B shall have Trespass, 20 Hen. 6.24. A. 21 Hen. 6.5. for if the Writ be not re∣turned, it is as if there were no Writ.

Otherwise upon a Capias ad satisfaciend. for that is an Execution, and needs no return, Coke 4. part. 67. A. Capias to the Sheriff of Middlesex, and he takes him in London, Trespass lies, 16 Edw. 4.6. for it is out of his County, and so done without warrant.

So if he makes a Repleg. of Cattel distrained of an estranger, he may have Trespass against him, 14 Hen. 4 24. pl. 32. per Haukeford & Thirning, Doct. & Stud. 150. A. Q.

So if he come to make a Repleg. and breaks the hedges and gates, 20 Hen. 6.28. pl. 19. for he ought not to do such violence.

So if he attach the Horse of the Master, in possession of the Servant, for the debt of the Ser∣vant, Doct. & Stud. 138. B. for the property is in the Master.

So if he breaks the house to Arrest for Debt or Trespass, 13 Edw. 4.9. A. 18 Edw. 4.4. A. Coke 5. part. Semayns case; for this is against Law.

So if he makes a good return in Law, but a false in deed upon a Habeas corpus, Coke 9. part. 99. B. Bags case, 9 Hen. 6.44. for he ought to return the matter of fact truly.

If he takes Felons goods, where another hath them within his Hundred, Nat. br. 91. F. for this is without warrant.

* 1.72One appears for receiving Felons, the Sheriff takes his Goods, and after he is acquitted, Trespass lies against the Sheriff; for he ought to have seized them only, and the other shall find Sureties, and if he can find none they shall be in the custody of his Neighbours, 43 Edw. 3.24. pl. 1. which is in custody of the Law; but where they are taken they are not so.

It lies against one outlawed,* 1.73 Digest. br. 72. A. Mich. 38 & 39 Eliz. Com. Ban. Banister against Trussel, No. Lib. Intra. 248. A. for though an Out lawed person is not protected by the Law, yet he may be punished by the Law for wronging a∣nother, else it might be mischievous.

For what matters Trespass lies, viz. for doing of wrong to the dammage of another; 1. touching Inheritance: 2. touching Chattels: 3. touching the Body.

The Plaintiff ought to shew the Town where the Inheritance corporate lies,* 1.74 concerning which the Trespass is brought; for otherwise there can be no venue to try the Issue;* 1.75 Trin. 9 Jac. Ban. Luke versus Sampter.

* 1.76Quare vi & armis castrum ipsius E apud D, fre∣git; &c. Regist. orig. 106. B.

* 1.77Trespass for the breaking of a house, Nat. br. 87. D. 88. A. Regist. Orig. 94. A. the Count, No. Lib. Intr. 653. G. sect. 7.

Of breaking a house, and the Count was of a Church by a person, and good, for the Church is a House, viz. Domus Dei, 8 Hen. 6.9.

Of breaking a House, and burning the Timber, Regist. orig. 94. B.

Of the burning of a House, Regist. orig. 110. A. Nat br. 88. N. the Count, Lib. Intra. 607. C, & B. This is Felony by the Law, and punishable by death: Ergo quaere, whether Trespass lies.

For breaking the Door, and Windows of the house, Regist. orig. 99. A. Nat. br. 92. D.

For breaking the Head of a Mill,* 1.78 Regist. 96. A. Nat. br. 88. M. viz. of the Mill-pond.

For breaking a Pigeon-house,* 1.79 Regist. orig. 104. B. 10 Hen. 6.19. A. This is also Felony, if it be with intent to take the Pigeons.

For breaking my Close the Writ may be with a continuando, Nat. br. 91. L. the Count,* 1.80 Lib. In∣tra. 647. D. sect. 1.642. A. Sect. 6. Lib. Intra. 619. A. sect. 1. viz. of a Trespass committed such a day, and continued diversis vicibus till such a time afterwards.

For breaking a Close, the count was of a Church-yard; for that is a Close, because inclo∣sed, 8 Hen. 6.9. pl. 20. and for digging in it, Regist. orig. 94. A. 2 Rich. 2. Barr 237. Nat. br. 87. B. 90. K. Q. who shall bring it, whether the Parishioners or Churchwardens, or the Parson or Vicar.

The Count, No. Lib. Intra. 661. D. Sect. 12. Lib. Intra. 622. B. Sect. 1.646. C.

For digging my Gravel, the Count, Lib. Intra. 646. C. Sect. 2.

For digging in my Land, Coke 9. part. 12. A. 7 Hen. 4.11.

For digging in my Mine, and carrying it away, Regist. orig. 104. B. 43 Edw. 3.35. pl. 53.

For digging in my Quarrey, Regist. orig. 105. A. and carrying the Stones away.

For hindring working in my Mine, Regist. orig. 104. A. in the digging of Lead, Coles, &c.

For breaking my Bridge, Regist. orig. 106. A. or a Bridge, which I am bound to maintain ratione tenurae, or otherwise.

Upon 8 Hen. 6. cap. 9. the Writ may be vi & armis, without shewing the entry of the Defen∣dant congealable, 34 Hen. 6.26. pl. 14. because the Action is grounded on the Statute.

It was brought upon a Disseisin and Detainer with force, although that the Statute is within

the disjunctive, 6 Hen. 7.12. 10 Edw. 4.11. pl. 35. viz. of a Disseisin or Detainer by force; for the word Or is sometime used copulative as well as disjunctive.

It lies upon an entry with force, although the entry be congealable, 9 Hen. 6.19. because force is forbidden by that Statute.

Upon 5 Rich. 2. cap. 7. the Writ needs not men∣tion what Lands certain, 4 Edw. 4.18. pl. 35. 5 Edw. 4.26. A. for the Statute doth not direct it.

It shall not be vi & armis, without shewing that the entry was congealable, 34 Hen. 6.26. pl. 4. for if it were not congealable, it is supposed to be vi & armis.

If the entry be supposed in A and B, where B is a Hamlet of A; yet good, because dammages is only to be recovered, 5 Edw. 4.8. and not the Land, and so the place is not much material.

For breaking of my Bank,* 1.81 by which my Mea∣dow is drowned, Regist. 106. B. Coke 9. part. 50. B. Nat. br. 88. L.

For digging my Meadow, Coke 9. part. 12. A. 7 Hen. 4.11. for thereby the grass is spoiled.

For entring his Wood,* 1.82 and taking away an Airy of Hawks, Regist. orig. 96. B. 110. B. Nat. br. 86. L. 22 Hen. 6.59. Nat. br. 89. K. for the Owner of the Wood hath a property in the Airy.

For cutting his Trees, Regist. orig. 110. A. Nat. br. 98. K. 10 Edw. 4.2. pl. 5.

For pulling up his Trees by the Roots, Regist. orig. 95. B. for that is utter destruction of them.

For pulling up of young Trees, Regist. orig. 95. A. br in time they might amount to profit.

For eating up his blades of Grass, and springs of his young Wood, Nat. br. 87. K. for this spoils the Copice.

For breaking his Park,* 1.83 Regist. orig. 96. A. 109. l. 110. A. Nat. br. 87. A. 46 Edw. 3.12. 18 Edw. ••14. pl. 12. Nat. br. 98. B. 6 Edw. 6. Dyer 7. pl. 7. for thereby he is endangered to lose his Deer, and is put to charge to repair his Fence.

For entring his Park, 20 Hen. 6.37. pl. 7.

* 1.84De malefactoribus in Parcis, upon the Statute, 1 Edw. 1. Regist. orig. 111. B.

The Count, Lib. Intra. 650. D. Sect. 4.

Upon the Statute of Westm. 2. cap. 28. 7 Eliz. ••yer 238. pl. 34. for the King.

The Count, Lib. Intra. 652. A. Sect. 9.

Upon Westm. 1. cap. 20. within the year, Nat. ••67. D.

The Grantee of the herbage of a Forest shall ••ave Trespass, quare clausum fregit,* 1.85 against any that takes the grass, 11 Eliz. Dyer 285. pl. 40. in respect nf his interest, by virtue of his grant.

For entring his Chase,* 1.86 42 Edw. 3.2. pl. 8. 43 ••dw. 3. fol. 8. pl. 23. 43 Edw. 3.8. pl. 23. for ••••ereby his game is disturbed.

He needs not shew how he came to the Chase, ••2 Edw. 3.2. pl. 8. 43 Edw. 3.8. pl. 23. for the Title of the Chase, it may be, will not come 〈◊〉〈◊〉 question.

For hunting in his Chase, the Count, Lib. ••••tra. 650. C. Sect. 1. hunting, and disturbing his ••ame.

For fishing in his pond,* 1.87 Regist. orig. 95. B. Nat. br. 87. A. and taking his Fish.

For breaking his Pond, by which the water and fish went out, Nat. br. 87. L.

For carrying away his Tithes,* 1.88 being severed from the Ninth part, No. Lib. Intra. 686. C. Sect. 23. the Count, No. Lib. Intr. 678. B, & C. vide Stat. 2 Edw. 6. But before this Statute an Action of Trespass lay at the Common Law.

For hindring the Parson to carry away his Tithes, Regist. orig. 105. A. for thereby he is damnified in his loss of time, besides what other loss might befal.

* 1.89For cutting his Trees, where one had the Land and the other the Trees, Crooke 12 Hen. 7.16. B. Vavisour, Coke 8. part. 137. B. Barringtons case, Coke 11. part. 49. B. Lyffores case, and he that had the Land cuts the Trees.

For fishing in his severed water,* 1.90 Regist. orig. 96. A, & B. 109. in fine, Nat. br. 87. G. 89. B.

The Count, Lib. Intra. 666. A.

For hindring his free Fishing, Regist. 95. B. Nat. br. 88. G.

It is severed Fishing, that a man hath in his own Land, and free in the Land of another, 17 Edw. 4.7. pl. 5. per 2 Justices.

For entring his Warren,* 1.91 Regist. orig. 93. B. 96. B. 109. B. 110. A. Nat. br. 86. M. 5 Hen. 7.10. B. 3 Hen. 6.55. B. 34 Hen. 6.20. pl. 9. Nat. br. 89. K. to take, destroy, or disturb his game.

The Writ shall not say Lepores suos, because he hath not a property in them, 3 Hen. 6.55. pl. 34. Regist. orig. 109. B. 96. B.

And for this cause he shall not say pretii, or 〈◊〉〈◊〉 valentiam, 8 Edw. 4.5. pl. 16. Lakin; but leave 〈◊〉〈◊〉 to the Jury to consider of the dammages.

The Count, Lib. Intra. 650. C. Sect. 2, 3.

For breaking his Warren, and carrying away his Conies, 5 Edw. 53, 54.

For taking away his Swans,* 1.92 Coke 7. part. 16, 17. 〈◊〉〈◊〉 Hen. 6.27.

For disturbing him to take toll in a Fair or Market, or other place,* 1.93 Regist. orig. 103. A. Nat. ••91. G.

But if he be disturbed in a Market or Fair, he ••••••ght to shew the place, 2 Edw. 3.32. pl. 9. be∣••ause it is traversable.

If a Miller take toll of them that are Toll∣••••e, it lies, 41 Edw. 3.24. pl. 17. 44 Edw. 3.20. pl. 16. vid. antea. for this is encroaching upon the ••••iviledge of another to his dammage.

For taking a Wreck of the Sea,* 1.94 Regist. orig. 103. A. 5 Edw. 3.174. pl. 91. without seisure, Nat. br. 91. D. for he who claims the right in it, ought to seize it, that the right may come in question, if it be disputable.

For taking a Waif,* 1.95 Regist. orig. 100. A. B. with∣out seisure, Nat. br. 91. B. for the same reason, as it seems.

But quaere, 16 Eliz. Dyer 338. pl. 40. for the 11 Edw. 4.16. pl. 7. it seems he may not. Q.

For taking an Estray,* 1.96 Regist. orig. 100. B. the Count, Lib. Intr. 638. B. sect. 1.

Without seisure, Nat. br. 91. B. as before.

Tamen quaere, for the 12 Hen. 8.10. è contra, quaere 20 Hen. 7.1. Q.

The Count, Lib. Intra. 638. B. Sect. 1. is with∣out seizure, and by that, it seems, there needs no seizure. Q.

* 1.97For taking Felons goods, Regist. orig. 101. A. which belong not to him.

Felons goods within a Hundred, where the Lord hath Felons goods; if the Sheriff takes them, the Lord shall have Trespass, Nat. br. 91. F. for the Sheriff hath no warrant to take them.

* 1.98For disturbing a Fair or Market, Regist. orig. 103. A, & B. for this is to the prejudice of the Lord thereof.

For breaking and hindring of the Foldage of the Lord,* 1.99 Regist. orig. 103. A. Nat. br. 91. H.

* 1.100Competit etiam Domino actio indirecta, quatenus sua interfuit non caruisse servitiis famulorum, & operibus servorum & hujusmodi, Bracton Lib. 3. fol. 115. A.

For taking away his Son and Heir, and mar∣rying him,* 1.101 Nat. br. 90. H. 29 Assize 35. 3 Edw. 4.12. B. Danby, 21 Hen. 6.14. pl. 29. Nat. br. 143. R. for this is to the prejudice of his Family.

The Writ is, quare filium & baeredem, and yet he is not heir during his life, 8 Edw. 3.2. Trespass 235. The Law intends it is meant, filium & hae∣redem suum apparentem.

For taking away his Daughter, and marrying her,* 1.102 Regist. orig. 98. B. for thereby he loseth his Fatherly interest in his Child.

Heir,* 1.103 Regist. orig. 99. A. Coke 3. part. 38. Rat∣cliffs case, 12 Hen. 4.16. pl. 9. Consanguineum & baeredem suum rapuit, Nat. br. 143. R. 30 Edw. 3.6. pl. 7. & fol. 16. pl. 19.

And needs not mention that he is within age, because he shall have his marriage, &c. 32 Edw. 3. Gard 32. be he within Age, or not.

For taking away a woman cum bonis viri,* 1.104 upon the Statute of Westm. 2. cap. 34. Nat. br. 89. O. 6 Edw. 3.208. pl. 2. 14 Hen. 6.2. pl. 11. the Count, Lib. Intra. 662. C. sect. 1.

And this lies, although they are divorced, be∣fore the Action brought, if the Trespass was done before, and also in respect of the goods taken away, which belong to the Husband notwith∣standing the divorce, 43 Edw. 3.23. pl. 154 Assize pl. 13.

For Assault, Battery, and Wounding, the Count,* 1.105 Lib. Intra. 668. C. Sect. 4.

For Imprisonment until fine be made,* 1.106 6 Edw. 3.208. pl. 2.

For threatning my Servant,* 1.107 per quod Servitium amisit, Regist. orig. 94. B. for there is apparent dam∣mage.

The Plaintiff needs not count upon the Re∣tainer; for the Law supposeth it, and if he be not retained he may plead non culp. 21 Hen. 6.31. pl. 18. 22 Hen. 6.30. B. & 43. B. 31 Hen. 6.12. pl. 2.

Assault and Battery of his Servant, per quod Servitium amisit, Regist. orig. 102. A. Nat. br. 91. I.

The Count, Lib. Intra. 613. B. Sect. 19.674. C. Sect. 1. he ought to say by which he lost his Ser∣vice, Coke 9. part. 113. A. 18 Edw. 4.27. pl. 24. 2 Hen. 4.12. pl. 49. 20 Hen. 6.14. and there it was quod Servitium amisit, and good without this word [per], for quod implies it without per; he beat him that he lost his Service.

Battery, Mayheme and Imprisonment, per quod, &c. Trespass lies, Crooke 7 Hen. 8.80. pl. 4.

If the Count be not per quod Servitium amisit, although that Verdict pass for the Plaintiff; yet he shall never have Judgment, 21 Hen. 7.71. pl. 15. Crooke; for there appears no dammages by the Plaintiffs shewing.

For enticing my Servant to depart, Trespass lies not, but an Action upon the Case, 11 Hen. 4.3. pl. 46. for here is no vi & armis in the case, as all Trespasses do imply.

For taking away his Apprentice,* 1.108 Regist. orig. 109. A. per quod, &c. Q. whether he need to count so, for it seems it must be so intended.

For a Goaler for taking away his Prisoner,* 1.109 Re∣gist. orig. 104. A. 4 Edw. 4.6. pl. 7: antea.

For taking his Captive from him,* 1.110 Regist. orig. 95 A. 102. B. Nat. br. 88. A. Q. what Captive, whether one taken in the Wars.

* 1.111Si quis distringit ordine non observato facit trans∣gressionem, Bracton Lib. 4. fol. 217. A. for the Law requires regularity and order in doing of things.

Trespass quare Averia cepit, & abduxit, Regist orig. 97. B.

The Count, Lib. Intra. 628. B. Sect. 1. 670. B. sect. 1.

Note, for live Cattel the Writ shall be cepit & abduxit, Nat. br. 88. B. 21 Hen. 6.39. pl. 5.12 Hen. 8.9. B. if dead cepit & asportavit.

And the Writ for live Cattel shall be Averia sua, or shew the thing in certain, 21 Hen. 6.39. pl. 5.

And if the thing be dead or alive, it is not material whether the Writ be pretii seu ad valen∣tiam, Nat. br. 88. L. Q. for if alive, it seems it should be pretii; if dead, ad valentiam.

For taking away his Boar, Regist. orig. 110. B.* 1.112

For taking away his Oxen, Regist. orig. 110. B.* 1.113

For taking away his Mastiff, Coke 7. part. 18.* 1.114 A. 12 Hen. 8.3. Regist. orig. 109. A. but he shall not say pretii, or ad valentiam, because a Dog is not a Marketable creature, though valua∣ble to the Owner, 12 Hen. 8.5. A. Elliot, Regist. orig. 109. A.

For taking away his Capons,* 1.115 the Writ was bona & catalla, and good, 17 Edw. 3.41. pl. 19. for they are general words, and extend to all manner of goods proprietory whatsoever.

For taking away his Conies out of his Close,* 1.116 the Writ shall be suos, Nat. br. 87. A. Regist. orig. 93. B. 102. A. for the Owner of the Close hath a property in them. Quaere, if not tame Co∣nies.

So if it be in a Park, Regist. 110. B. because he hath a property in the game, in respect of the enclosure.

But if it be for entring into his Warren, and taking his Conies, he shall not say suos, for he hath them but ratione privilegii, viz. of hunting them, 3 Hen. 6.55. pl. 34. Regist. orig. 110. A. Coke 7. part. neither shall he declare of the value, 8 Edw. 4.5. pl. 16. Lakin. Quaere dif∣ferentiam.

The Writ was, Quare Warrennam intravit, & cuniculos cepit & asportavit, without saying ibi∣dem, and yet good, 43 Edw. 3.13. pl. 7. for it shall be intended that he took them there where he entred; for the Conjunction Et couples all to∣gether.

If Conies go out of a Warren, any may kill them in his own Land, and no Action lies, Coke 5. part 104. 43 Edw. 3.13. pl. 7. For they can∣not be said to have animum revertendi, and so the property is gone.

Deer if they be tame,* 1.117 he shall say suas, but then he ought to shew that they were tame, 43 Edw. 3.24. pl. 2. For if he declare generally, it shall not be intended that they were tame; for tame Deer is but a rarity, and not usual.

But if it be in a Park or Chase, he shall not say suas, because he hath them but ratione privi∣legii, viz. of the place where they are so long as he can keep them there, which is uncertain.

For taking away young Hawks, he shall say suos,* 1.118 because he hath a property possessory in them; for he might have taken them when he pleased, Coke 7. part. Regist. orig. 93. B. 96. B. 110. B. Nat. br. 89. K.

So if they be reclaimed Hawks, that is, Hawks made tame or managed, which were wild be∣fore.

For taking away a Horse, Regist. orig. 95. A. Nat. br. 87. M. the Count, No. Lib. intra. 666. B. sect. 15. Lib. intra. 682. D.

For his Sheep taken away, Regist. orig. 110. B.

For taking his Fish,* 1.119 this is good, although the Count be of a hundred Fishes, because this

word Piscis, est nomen collectivum, 4 Hen. 6.11. Coke. 5. part 35.21 Hen 6.39. and comprehends any number, as well as one Fish.

But the Count ought to shew the nature and number of the Fishes particularly, Coke 5. part 35.31 Hen. 6.39. though the Writ be general, that the dammage may be known.

De tauro suo libero,* 1.120 Regist. orig. 109. A.

Oves fugatas per quod morierunt, Lib. intra. 616. B. sect. 1. Nat. br. 89. L. Regist. orig. 97. A.

Porcos fugatos, per quod interierunt,* 1.121 Regist. orig. 97. A. Nat. br. 89. L.

* 1.122There he shall say the price, where he de∣clares of a taking, because Cepit implies that he had gained a property; but it is otherwise, if this word be put out, 1 Hen. 5.3, 4.

But Regist. orig. 97. B. fuit, Cepit & abduxit, without shewing the price of them, and good, because it may be he was seised of the Cattel.

Cepit in S. & interfecit at W, contra pacem,* 1.123 &c. is nought, because Cepit implies a property, and then contra pacem is not good; for he might kill them, if they were his own, 27 Assize 64.

Averia ad loca incognita fugata, upon the Stat.* 1.124 of Marlebridge, cap. 4. Regist. orig. 97. A. 102. A. 30 Assize, 38. Nat. br. 89. N.

De Com. in com. & ibidem imparcata, upon the Stat. of Marlebridge, cap. 4. Westm. 1. cap. 16. 1 & 2 Mariae, cap. 12. Regist. orig. 97. B. 1 Eliz. Dyer. 168. pl. 20. 2 Eliz. Dyer, 177. pl. 32. Nat. br. 89. P.

And there are two causes of bringing this A∣ction. 1. He cannot give them Meat. 2. They

cannot be replevied, 22 Edw. 4.11. Q. For he might lose his Cattel, and have no remedy, if he might not have this Action of Trespass.

Note,* 1.125 upon these cases upon the Statute, the Writ shall not be general, but special, upon the Statute, 43 Edw. 3.30. pl. 16. as it is usual in all other such like cases.

The Action was of a Cow, the Count, Lib. intra. 464. C. Pound.

For Marlebridge, cap, 4. saith districtiones, but not upon 1 & 2 Mariae, cap. 12. for the Statute saith Cattel, and upon the second branch it lies well, because it is there Cattel or Goods.

The Count was of taking in one County, 1 Eliz. Dyer, 168. pl. 20.

In this Action the place of the taking is materi∣al, because the distance of the place of impound∣ing makes the offence, 7 Eliz. Dyer. 238. pl. 33.

But if Land in one County be held of a Man∣nor in another County, the Distress belongs to the Mannor, and may be impounded there in the Lords Pound, 1 Hen. 6.3. pl. 9. 30 Edw. 3.6. Com. 204. B. 14 Edw. 3.275. 22 Edw. 4.11. 6 Hen. 3. Avowry, 242. Crooke 18 Hen. 7.50. pl. 3.

If the distress be put in several Pounds within the same County, this is out of the Statute, unless they are put in several Franchises, other∣wise the party needs not put in several Reple∣vins, Mich. 37 & 38 Eliz. Partridges case. per Anderson; because it is but as: one impound∣ing.

Trespass lies for Averia districta extra foedum, upon Marlebridge, cap. 15. Westm. 1. cap. 16. Ar∣ticuli

Cleri, cap. 9. Regist. orig. 97. B. Coke. 8. part 60. B. Nat. br. 90. A.

Note, Non dicitur simul in uno brevi Regia via & extra foedum; for there should be two Writs, Regist. orig. 97. B. in nota.

In communi strato upon Marlebridge, cap. 15. Regist. orig. 97. B. although that it be within his see, 17 Edw. 3.43. pl. 31. Trespass lies. Q. whether a common street or way be within the Lords see properly, though it lie within his Mannor.

This Writ is contra pacem, because against the Statute, and not vi & armis, 17 Edw. 3.1. pl. 2. Q. For it is not against the common Law.

For excessive distress upon the Statute of Marl∣bridge, cap. 4. Trespass lies.

Averia districta per Ballivum non jurat. upon Westm. 1. cap. 17.

Averia Caruce upon the Statute, 21 Edw. 1. Regist. orig. 97. B. Nat. br. 90. B. 14 Eliz. Dyer. 312. pl. 86.

The Writ is contra pacem, and not vi & armis, 17 Edw. 3.1. pl. 2. because upon the Sta∣tute.

The Count needs not shew that the Distress should be reasonable, but shall say generally, contra formam Satuti, 14 Eliz 312. pl. 86. For that implies it is unreasonable.

This Action lies, although that agreement be made, 4 Edw. 3.1. pl. 2. For the Statute cannot be dispensed with by the agreement of the par∣ties.

Oves districtas upon Statute 21 Edw. 1. Bra∣cion, fol. 217. Regist. orig. 97. B. Nat. br. 90. B.

But if there be not other Cattel on the Land, at the day that the Lord comes to distrain, he may distrain the Sheep, 29 Edw. 3.16. pl. 48. else he should be without remedy.

Catalla districta quousque finem fecit, Nat. br. 87. C. The Law hates fraud and violence.

Averia impercata,* 1.126 per quod terra remansit in∣culta, Nat. br. 88. J. viz. Beasts of the Plough, which is against the common good.

Equo impercato & mortuo sine alimento, Regist. orig. 94. B. This must be of a private impound∣ing, or in a Pound close.

For if they die in a Pound overt, the party had no remedy, 46. Edw. 3.3. pl. 4. For he might have come to feed them.

But if it be a Pound close, he shall have tres∣pass, 46 Edw. 3.3. if the Cattel die; for he could not come to feed them.

Equo percusso,* 1.127 the Count, Lib. intra. 614. A. sect. 22.

Equo percusso per quod the Master is hurt, Re∣gist. orig. 96. B. Nat. br. 89. E. Q. whether a double Action lies not.

Oves tonsas,* 1.128 Regist. orig. 96. A. Nat. br. 88. O Bracton, Lib. 3. fol. 102. B. Si quis rem mobi∣lem vendicaverit ex quacunque causa ablatam, vel commodatam, debet in Actione sua definire preti∣um, & sic proponere actionem suam, quia ille à quo res petitur non tenetur praecisè ad rem restitu∣endam, sed sub disjunctione, vel ad rem; vel ad pretium. The cause why the value must be ex∣pressed, is here shewed.

The Writ for dead Cattel,* 1.129 shall be Bona & Catalla ad valentiam, 21 Hen. 6.39. pl. 5.

But if it be but one thing, it shall not be Bona & Catalla, 22 Edw. 4.12. pl. 32.

But shall name the thing it self, Crooke 12 Hen. 7.35. pl. 1.

The Writ for dead Cattel shall be Cepit & asportavit, ad valent. Nat. br. 88. B. 21 Hen. 6.39. pl. 5. For live Cattel cepit & abduxit pre∣tii.

Wool distrained until C and D oblige them∣selves to make deliverance,* 1.130 43 Edw. 3.6. pl. 18. the Writ is 1. Vi & armis, and good. 2. Ad dam∣puum, &c. 3. The value is not shewed, yet good, because it is not in demand.

Arrested quousque commodum perdidit, &c. Re∣gist. orig. 102. A. 105. A.

Argentum cepit & asportavit.* 1.131 Regist. orig. 108. B. 110. A. Nat. br. 87. M. 34 Hen. 6.10. pl. 21. 2 Edw. 4.26. shall not say pretii, Regist. orig. 102. B. 108. B.

For the Money comprehends the value,* 1.132 46 Edw. 3.16. pl. 12. per Moubray. 46 Edw. 3.10. pl. 1.

For Money out of a Chest, the Count, Lib. intra. 614. A. sect. 1.

Auri tot Florenos, there it shall be said pretii, Regist. orig. 102. B. because they are outlandish Coin, and not current in England.

Bona capta & asportata, the Count, Lib. intra. 615. D. sect. 3.681. C. sect. 3.

If one puts his goods in my house, and I will not deliver them, Trespass lies not, but a deti∣nue. Q for it was his folly to put them there, Mich. 40 & 41 Eliz. com. Ban. Briton versus the Coun∣tess of Shrewsbury, but if I remove them, or

seize them to my use, it lies; for then I do in a sort dispose of them.

Carbones maritinos asportat. Regist. orig. 94.* 1.133 A. Nat. br. 87. B.

* 1.134Carucam & equos capt.

The Count, Lib. intra. 607. C. sect. 1.

Carucam capt. ad cariand. upon Westm. ••1. cap. 1. Regist. orig. 98. A.

For taking away Writings in a Box,* 1.135 Regist. orig. 110. B. 106. B.

The Count, Lib. intra. 616. B. sect. 1.

For taking away Deeds, Minuments and Wri∣tings, Regist. orig. 111. A.

For breaking open a Chest, and taking away Deeds, 36 Hen. 6.26. pl. 26.

For taking away a Chest, Regist. orig. 110. B.

For taking away Hay,* 1.136 Regist. orig. 102. B.

For taking away Frumentum,* 1.137 the Writ was Bona & Catalla, and good, 46 Edw. 3.16. pl. 12. For Frumentum is Chattels.

Timber and Wood capt. & asport. the Count,* 1.138 Lib. intra. 676. A. sect. 7.

Navem capt. & abduct. Regist. orig. 95.* 1.139 A. 102. B. Nat. br. 87. I. viz. intra corpus Comitatus, and not super altum mare.

Navem capt. ad faciend. cariag, upon the Statute of Westm. 1. cap. 1. Regist. orig. 98. A. Nat. br. 90 C.

Scriptum obligatorium delivered in nature of an Acquittance,* 1.140 5 Hen. 4.2. 1 Hen. 7.14. 3 Edw. 3.72. pl. 1.

Testamentum abstulit & asportavit,* 1.141 Regist. orig. 107. B.

Tunicam, sc. a Coat Armor,* 1.142 9 Edw. 4.14. pl. 8.

Five Tuns of Wine,* 1.143 the Writ was bona & ca∣talla, and good; Wine taken and carried away, 39 Edw. 3.18. pl. 17. Lib. intra. 684. A. sect. 1.

The Count Lib. intra. 684. A. sect. 1.

Vestimenta, 11 Hen. 4.31. pl. 57. Q. whether he must not shew what.* 1.144

Trespass, Quare spinas suas crescent.* 1.145 cepit & asportavit ad valen. &c. Good without shewing the number of Loads; for this is special, and the value reduces it to a certainty, Mich. 15. Jac. Ban. Regis, Jones & Wilson.

But if it be quasdam garbas tritici, it is not good, for the uncertainty what is meant by Garbes,* 1.146 Trin. 7 Jac. Ban. Regis. For it seems a Garb may be more or less.

Notes

• * 1.1

  County Court.
• * 1.2

  Note.
• * 1.3

  Marshal∣sey.
• * 1.4

  Chancery.
• * 1.5

  Com. Ban. Regis.
• * 1.6

  Ancient Demean.
• * 1.7

  Note▪
• * 1.8

  Admini∣strator.
• * 1.9

  Executor.
• * 1.10

  Admini∣strator.
• * 1.11

  Alien.
• * 1.12

  Husband and wife.
• * 1.13

  Nota.
• * 1.14

  Chaplain of a Chap∣pel.
• * 1.15

  Commo∣ner.
• * 1.16

  He that hath not soil.
• * 1.17

  He to whose use.
• * 1.18

  Copy-hol∣der.
• * 1.19

  Disseisee.
• * 1.20

  Executor.
• * 1.21

  Goaler.
• * 1.22

  Church-wardens
• * 1.23

  Heir Ravish∣ment.
• * 1.24

  Grantee.
• * 1.25

  Heir.
• * 1.26

  Lessor.
• * 1.27

  Lessee.
• * 1.28

  Master.
• * 1.29

  Ordinary.
• * 1.30

  Parson.
• * 1.31

  Protected person.
• * 1.32

  Possessor.
• * 1.33

  Note.
• * 1.34

  King.
• * 1.35

  Queen.
• * 1.36

  Recusant.
• * 1.37

  Bishop.
• * 1.38

  Master of an Hospi∣tal.
• * 1.39

  Tenant at will.
• * 1.40

  Copy-hol∣der.
• * 1.41

  Tenant in common.
• * 1.42

  Tenant for ano∣thers life.
• * 1.43

  Tenant at sufferance.
• * 1.44

  Outlawed.
• * 1.45

  Admini∣strator.
• * 1.46

  Agree∣ment.
• * 1.47

  Alien.
• * 1.48

  Attainted person.
• * 1.49

  Attorney.
• * 1.50

  Husband and wife.
• * 1.51

  Comman∣der.
• * 1.52

  Body po∣litick.
• * 1.53

  Dean and Chapter.
• * 1.54

  Mayor & Commu. nalty.
• * 1.55

  Disseisor.
• * 1.56

  Infant.
• * 1.57

  Executor.
• * 1.58

  Guardian.
• * 1.59

  Ideot.
• * 1.60

  Judge.
• * 1.61

  Auditors.
• * 1.62

  Miller.
• * 1.63

  Queen.
• * 1.64

  Lord.
• * 1.65

  Against the Lord.
• * 1.66

  Deaf and dumb.
• * 1.67

  Tenant at will.
• * 1.68

  Tenant by sufferance.
• * 1.69

  Tenant in Common.
• * 1.70

  Meer-stone.
• * 1.71

  Sheriff.
• * 1.72

  Difference betwixt seising & taking.
• * 1.73

  Outlaw.
• * 1.74

  Of Inhe∣ritance.
• * 1.75

  Note.
• * 1.76

  Of a Castle.
• * 1.77

  Of a Messuage.
• * 1.78

  Mill.
• * 1.79

  Pigeon-house.
• * 1.80

  Land.
• * 1.81

  Meadow.
• * 1.82

  Wood.
• * 1.83

  Park.
• * 1.84

  Trespass upon the Statute.
• * 1.85

  Forest.
• * 1.86

  Chase.
• * 1.87

  Pond.
• * 1.88

  Tithes.
• * 1.89

  Trees. Inheri∣tance.
• * 1.90

  Fishing.
• * 1.91

  Warren.
• * 1.92

  Swans.
• * 1.93

  Toll.
• * 1.94

  Wreck.
• * 1.95

  Waif.
• * 1.96

  Estray.
• * 1.97

  Felons goods.
• * 1.98

  Fair or Market.
• * 1.99

  Frank∣foldage.
• * 1.100

  Chattels Real.
• * 1.101

  Son.
• * 1.102

  Daughter.
• * 1.103

  Heir.
• * 1.104

  Woman.
• * 1.105

  Battery.
• * 1.106

  Impris••••∣ment.
• * 1.107

  Servant.
• * 1.108

  Appren∣tice.
• * 1.109

  Prisoner.
• * 1.110

  Captive.
• * 1.111

  Chattels personals. Living.
• * 1.112

  Boar.
• * 1.113

  Oxen.
• * 1.114

  Mastiff.
• * 1.115

  Capons.
• * 1.116

  Conies.
• * 1.117

  Deer.
• * 1.118

  Hawks.
• * 1.119

  Fish.
• * 1.120

  Bull. Oves captae & fugatae.
• * 1.121

  Hogs.
• * 1.122

  Capta, fu∣gata & imparcata.
• * 1.123

  Capta & interfecta.
• * 1.124

  Districta.
• * 1.125

  Note.
• * 1.126

  Impercata Catalla.
• * 1.127

  Percussa Catalla.
• * 1.128

  Tonsa Ca∣talla.
• * 1.129

  Chattels dead.
• * 1.130

  Arrestata. Wool.
• * 1.131

  Capta & asportata.
• * 1.132

  Money.
• * 1.133

  Coles.
• * 1.134

  Plough & Horse.
• * 1.135

  Writings.
• * 1.136

  Hay.
• * 1.137

  Corn.
• * 1.138

  Timber.
• * 1.139

  Ship.
• * 1.140

  Obligati∣on.
• * 1.141

  Will.
• * 1.142

  Coat.
• * 1.143

  Wine.
• * 1.144

  Cloaths.
• * 1.145

  Thorns.
• * 1.146

  Shocks of Wheat.