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 ...

In what Court Covenant lies, 1. Personal; 2. Real.

1. IT lies in the County or Hundred Court, Nat. br. 145. E.

2. It lies in any Court of the Lord of a Man∣nor, Nat. br. 145. E.

3. In London, Nat. br. 146. A. and other Cor∣porations.

1. Marshalsey between two of the Houshold of the King, Coke 10. part. 74. A. otherwise not.

2. In the Court of the Lord of a Mannor by special grant, 44 Edw. 3.28. pl. 18. & fol. 37. pl. 30. Lib. Intr. 296. A. sect. 1. 50 Assize pl. 9.

A Fine levied in the County Palatine of Lan∣caster, good, 37 Hen. 8. cap. 19. which is in nature of a Covenant.

In Banco Regis, 36 Hen. 6.34. A. Forteseue, but it shall be avoided by Writ of Error. Q. except it be meant of a fine.

In Ancient demesn, quaere per 6 Edw. 3.207. pl. 20. it seems it should lie.

But 44 Edw. 3.37. 50 Assize 9. Knivet, it is not good. Q.

But 22 Hen. 7.90. B. pl. 14. Crooke, a fine may be levied in Ancient demesn, per petty Writ of Right close.

In Eire, good, 1 Edw. 3.10. pl. 34. 8 Edw. 3.27. 18 Edw. 3.40. pl. 33. that is, before Justices in Eire or Itinerantes.

In Communi Banco.

Before the Justices of the grand Sessions in Wales, 34 Hen. 8. cap. 26.

Who shall have Covenant, 1. Personal; 2. Real.

If a man Covenant with another to enfeoff him, or to serve him, &c. the other shall have co∣venant, although he do not agree, Nat. br. 145. A.

But then it ought to be by deed, Regist. orig. 165. B. Nat. br. 145. A, & G. 7 Rich. 2. deeds 160. which is an estoppel to say the other did not a∣gree.

Yet in London a man shall have covenant to levy a fine without deed per custome, Nat. br. 146. A. 22 Edw. 4.2. pl. 6. Vavisor. 21 Hen. 6.10. Co∣venant 11.

Administrator shall have Covenant by the e∣quity of the Stat.* 1.1 de 31 Edw. 3. cap. 11. Coke 9. part. 40. A. Hensloes case, made for Executors.

But not before, 19 Edw. 3. Covenant 24.

Assignee shall have Covenant,* 1.2 where it is made to one and his Assigns, Nat. br. 145. C. Regist. orig. 165. B. for the Assignee is in place of the As∣signor.

Assignee shall have Covenant without shewing the deed of covenant,* 1.3 for he may not have it, Trin. 36 Eliz. Banco Regis, Noke versus Ander. But there, if the Lessee for years by estoppel grant over his term, the Assignee shall not have Covenant, because the Assignor had nothing in the land, but only an estoppel against the Lessor not to out him.

A, Prior with the assent of his Covent by deed, covenants for him and his successors with B and his heirs, that he and his Covent shall sing in the Chappel of B, which is parcel of the Man∣nor of B, for the Lords of the said Mannor.

The Assignee of B shall have covenant, because it is a service annexed to the Mannor, 42 Edw. 3.3. pl. 14. Coke 5. part. 17. B. Spencers case, 45 Edw. 3.3. 28 Hen. 8. Dyer 24. pl. 149. 2 Hen. 4.6. pl. 25. and who so hath the Mannor, or is in∣teressed in the Covenant.

But if the service is to be made in the Chappel of another, then the Assignee shall not have co∣venant, because it is not annexed to the Mannor, 2 Hen. 46. pl. 25.

And so if one covenant with a Tenant by the Courtesie to sing in his house, although that he surrender and take for years he shall have Cove∣nant, because it was annexed to his estate, 6 Hen. 4.1. pl. 5. viz. for life. Q.

Assignee by word shall have covenant, Coke 3. part. 63. A. Lincoln Colledges case; for such an assignment is good.

Assignee of Assignee shall have covenant, Coke 5. part. 71. B. and so in infinitum, as it seems, so long as the estate assigned continues, if the Cove∣nant go with the estate.

Assignee of one Coparcener shall have covenant against the other coparcener to acquit him of the suit, because the covenant goes with the land, Coke 5. part. 18. A. Spencers case, 42 Edw. 3.3.

Lessor covenants to repair the house lett, the Assignee shall have covenant against him, because this is annexed to the estate: so the husband of the wife that is a Termor, and a Tenant per Sta∣tute Merchant staple, and every one that comes to the land Coke 5. part. 17. Spencers case, to which the Covenant is annexed.

So in all cases where it is annexed to the estate, Nat. br. 146. C. 48 Edw. 3. and not to the person otherwise than in relation to the Land.

Assignee of a reversion shall have covenant as well as the Lessor shall have it, per 32 Hen. 8. cap. 34. but this is when it concerns the things demi∣sed, and not collateral Covenants, Coke 5. part. 18. A. Spencers case; for in respect of Reversion of the thing lett, he comes in room of the Lessor in privity of estate.

Assignee of a Reversion for years when, the Tenant for years hath a greater Term, his As∣signee shall have Covenant within, 32 Hen. 8. al∣though the Lessor grant over his Term, Trin. 40 Eliz. Ban. Regis, Rot. 123. Natures versus Westwood, quaere.

Assignee shall have covenant, upon covenant in Law, Coke 4. part. 80. B. 9 Eliz. Dyer 257. pl. 13. where it goes with the estate.

Lessee covenants with the Lessor and his heirs to repair the house, the Assignee of the Lessor shall have covenant, Mich. 9 Jac. Ban. Regis, Best∣wicke & Wilborne; for it goes with the house.

* 1.4Lease for years to the Husband and Wife, the Lessor outs them, they may joyn in covenant, because after the death of the husband she shall have a term, if he grant it not over, 47 Edw. 3.12. pl. 11. and so she hath a possibility of interest.

The Commonalty of D Covenants with the Major and Commonalty of L,* 1.5 that they shall be quit of Toll, &c. in D, and after one Burgess in D takes toll of one in L, Covenant lies for one Corporation against another, 48 Edw. 3.17. pl. 2. It may be brought by the Major and Commonalty

of one Corporation against the Major and Com∣monalty of the other Corporation.

Executor shall have Covenant for Covenant made to his Testator for a personal thing,* 1.6 for the personal estate is his to the use of the Testators will, Nat. br. 145. D. and orig. Regist. 165. B. Note, de conventione pro executoribus non invenitur breve in Registr. sed pro assignatis, tamen potest fieri pro executoribus tam bene quam pro assignatis, nam ea∣dem est ratio de utrisque.

A leases to B for life for 12 years, and B dies within the 12 years, the Executors of B shall have it until 12 years, &c. B dies, A outs the Ex∣ecutors within 12 years, they shall have Covenant, 19 Edw. 3. Covenant 24.

* 1.7Executor of an Executor shall have Covenant by the Common Law, 19 Edw. 3. Covenant 24. pol. Com. 290. Chapmans case, Lib. Intr. 134. B. sect. 1. and so forwards, for the right dies not.

The Heir shall have covenant,* 1.8 if the deed be made to him and his heirs, Nat. br. 145. C. 16 E∣liz. Dyer 338. pl. 39. but this was to enfeoff him and his heirs: so that this holds not generally, but where the heir is interessed in the Covenant.

A enfeoffs B in see, rendring for 8 years one Rose, and afterwards 20 Roses, B dies, his heir within Age, the Lord recovers the Land by rea∣son of Collusion, the Heir at full age shall have covenant, 18 Edw. 3 Covenant 7. in respect of his privity to the Covenant.

A covenants with B and C and their heirs,* 1.9 & eorum utri{que} to make an estate to the heir of him which first dies (being Parcener) the heir of one shall have covenant sole, 16 Eliz. Dyer 338. pl. viz. of him that first dies.

When any of the Covenantees shall have se∣veral interests or estates, and the covenant is made with them & cum quolibet eorum, they shall have several covenants, otherways not, Coke 5. part. 22. A. Matthewsons case, in respect of their several interests.

Lessee for years by deed Poll is outed by the Lessor,* 1.10 he shall have covenant, Nat. br. 145. L. 21 Edw. 4.30. pl. 25. for the lease implies a covenant to enjoy during the term.

But if a stranger outs him without title he shall not have Covenant, Nat. br. 145. L. 22 Hen. 9.52. pl. 26. But if he had a colourable title and ousts him. quaere.

Although it be by verdict, Coke 4. part. 80. B. Nokes case; for the verdict may not be according to Law. Q.

And although the Lessor warrant to him du∣ring the term, 26 Hen. 8.3. pl. 11. for the war∣ranty is not so general: but if he warrant it a∣gainst all men. Q.

But if a stranger that hath Title out him, then it lies, Nat. br. 145. 32 Hen. 6.32. pl. 27. Nedham; for that proves he had no power to lett.

But Lessee for life shall not have Covenant up∣on such outing, for this cannot divests him of the Freehold, 26 Hen. 16. Covenant 10. Nat. br. 145. M. if in the covenant it be not exprest.

But 13 Edw. 3. sines 165. per Shard, if a lease be to A without impeachment of waste, and waste be brought against him, A shall have Cove∣nant; for the lease implies a Covenant, that he shall not be sued for waste.

Tenant for life shall not have the benefit of warranty, if he be not in possession, 26 Hen. 8.3. pl. 11. viz. at the time of the warranty.

Lessee for years shall have Covenant upon a demise and grant, Coke 4. part. 80. B. Nokes case, & 5. part. 17. A. that is, if the lease runs, that Lessor doth demise and grant. Q.

If the land be evicted, Pasch. 7 Jac. Ban. Regis, Winchombe & Rigge. A lease made to A. per dedi & concessi, the land is evict for years, A shall have Covenant against the lessor, for judgment was so entered, Mich. 9 Jac. But Williams & Yel∣verton said, that it was without their privity; and Williams said, that it lied not: quaere ergo.

Recusant shall not have an action of covenant for any thing seised into the Kings hands,* 1.11 1 Jac. cap. 5. by vertue of the Lessors recusancy; for the Common Law takes no notice of Recusan∣cy.

Successor shall have covenant upon a covenant made and broken in the time of his predecessor,* 1.12 4 Edw. 3.130. pl. 71. quaere what Successor, or whether any kind of Successor.

A covenants to levy a fine,* 1.13 the party to whom this covenant is made shall have covenant, Nat. br. 146. F.

Notes

• * 1.1

  Admini∣strator.
• * 1.2

  Assignee.
• * 1.3

  Assignee.
• * 1.4

  Husband and Wise.
• * 1.5

  Corpora∣tion.
• * 1.6

  Executor.
• * 1.7

  Executor of an Ex∣ecutor.
• * 1.8

  Heir.
• * 1.9

  Joynt∣tenant.
• * 1.10

  Lessee.
• * 1.11

  Recusant.
• * 1.12

  Successor.
• * 1.13

  Fine.