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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	common_a	law_n	realm_n	3,126	5	8.8443	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26015	The law of obligations and conditions, or, An accurate treatise, wherein is contained the whole learning of the law concerning bills, bonds, conditions, statutes, recognizances, and defeasances ... : to which is added a table of references to all the declarations and pleadings upon bonds, &c. now extant : also another table to the forms of special conditions which lie scattered in our president [sic] books ... : with an index of the principal matters therein contained / by T.A. of Grays-Inn, Esq.	Ashe, Thomas, fl. 1600-1618.	1693 (1693)	Wing A3972; ESTC R9431	276,581	591

not in the Conisance of the Plaintiff and the particulars of the Goods wasted need not be set forth 1 Keb. 467.471 French and Beirce To enjoy Office A Condition Whereas the Plaintiff and Defendant be now jointly seised of the Office of the Registry of the Court of Admiralty if the Defendant shall permit the Plaintiff to use the said Office and take the profits of it to his own use during his Life without let or interruption done by him then c. the Defendant pleads That the Custom of the Realm of England is that the Lord Admiral might grant the said Office during his own Life and the Lord Clynton did grant it to the Plaintiff and Defendant and dyed and the Lord Howard granted to Wade who ousted him before which time the Defendant suffered the Plaintiff to enjoy the said Office and to take the Profits the Plaintiff demurs male plea for if it be the custom of England then its common Law and this cannot be tryed for no Venue can be from the Realm of England also he doth not answer to any time after the grant of Admiral Howard for though Wade might lawfully put him out yet the Defendant could not 2 Leon. 114. Parker and Harrold Condition if the Plaintiff had possessed and enjoyed the Office of Ecadleship c. that then c. Defendant pleads quod habuit gavisus fuit occup●vit c. Jury find the Plaintiff did exercise and occupy that Office but whether that shall be said having and enjoying they doubted Per Cur. diversity between an Office in verity and an Office in reputation for of Office in reputation there can be no other possession but by occupation for it is no Office in Interest as Office of Marshal of Justice of Assize Cro. Eliz. p. 382. Dudly and King●n To procure an Office Place Benefice THe Condition was if S. procure a Grant of the next Avoydance of the Arch-Deaconry of Staff to be made to the said Bingham so that the said Bingham to such next Avoydance may present that then c. the Case was by the means of S. the Grant of the said next Avoydance was made to Bingham but before the next Avoydance the present Arch-Deacon was made Bishop so as the Presentment to the n●t Avoydance appertained to the ●en Per Cur. the Condition was not performed and that by reason of these words so that Bingham may presented 3 L●on 151. Bingham and Squire Condition if the Defendant do not lawfully procure Market to be granted within six Months of a return of an ad quod damnum to be sued out for that purpose that them if the Obligor pay 20 l. to the Obligee then c. it was returned to be ad damnum and so no Market procured Obligee shall recover the 20 l. Rationem vide 2. Rolls Rep. 467. J … and March Conditions concerning Writings to procure to deliver to execute to make IF a Man bind himself to procure a Stranger to make a Release of all his Right and Title to Land the Obligor must procure him to make such a Release de facto though he had no right 1 S●●ders 216. Doughty and Neal. Vide there the Form of the Condition and the Pleadings A Condition if J. S. make Obligation to the Plaintiff before Michaelmas that then c. the Defendant pleads J. S. made the Obligation and sealed it and delivered it to another as his Deed to the Use of the Plaintiff Per Cur. it s no performance for perhaps the other will not deliver it to the Plaintiff Cro. Eliz. p. 143. Bease and Draycot Condition to pay 100 l. to the Plaintiff when he shall take a sufficient discharge from A. and B. for the payment of Legacies an Acquittance from one by the others consent is no sufficient discharge 1 Keb. 739. Forquer and Fra● Condition that the Daughters when they come to full Age shall give Releases it shall be taken di● 2 Keb. 591. ●osviles Case Condition to give such a Release and Discharge from and against him and his Heirs for receipt of a hundred Marks as by the Judge of the Prerogative Court of Canterbury shall be thought meet the Defendant pleads the Judge did not appoint any release or discharge c. no Plea for it should be alledged he caused a Release to be drawn and tendered to the Judge to be allowed of for it is on his part in discharge of his Obligation to draw such a Release as the Judge shall allow Cro. Eliz. p. 716. Lamb and Brownwent 5 Rep. 23. b. The Judge is a stranger to the Condition and he hath taken it upon him to do it at his peril he ought to procure the Judge to direct it Lambs Case A Condition if Obligor deliver to the Plaintiff an Obligation in which he was bound to the Defendant before such a day that then c. the Defendant sueth the Plaintiff upon the Obligation and recovereth and afterwards and before the day he delivers it to him this is no performance though the words were performed yet the intent was not for the intent was he should have the Obligation for his discharge which is not by the delivery for tranfit in rem judicatam and he may have the benefit of the judgment Cro. Elz. p. 7. Teales Case If a man not Lettered be bound to make a Deed he is not bound to seal and deliver any Writing which shall be tendred to him unless there be some body present that may read this to him or expound it if he request it 2 Rep. 3. Mansers Case The Condition was to seal and execute a Release to the Plaintiff The Defendant demurs because the Plaintiff in his Declaration did not alledge a Tender the Condition not being to make but to seal and execute Per Cur. he is bound to do it without a tender Mod. Rep. 104. Baker and Bulstrode Condition was That the Obligor shall deliver all Writings concerning such Land it s a good Plea to say generally that he had delivered all the Writings 28 H. 8. Dyer 28. 4 H. 7.12 Condition to enfeoff the Obligor of certain Lands at such a day and place Pleaded that the Defendant was present there all the day to enfeoff the Plaintiff and that the Plaintiff came not there to accept of this Plaintiff replies he was there present all the day to accept the enfeoffment without that that the Defendant was there it s a good Replication Doct. pl. 323. 22. Ed. 4.43 Condition to deliver Possession COndition if R. H. upon request by the Plaintiff his Heirs or Assigns should deliver the Possession of such a Farm to the Plaintiff his Heirs or Assigns c. The Plaintiff assigns the Reversion by Deed to Richard and Henry P. in Fee At the day H. P. alone came and demanded the Possession without notice given of ●s coming c. Per Cur. 1 The de● of H. P. is the demand of both and the delivery of the Possession to one

Plea notwithstanding it was not shewed by what Process he had Execution because the Execution is on Record and shall be tried by the Record but if he paid the Monies in Pais to the Plaintiff and not in Court it is not an Execution of the Judgment Mo. N. 91. The Defendant pleads That the Plaintiff in the King's Court at Penwarth brought Debt upon this Obligation against T. who was bound with him in the said Bond joyntly and severally and recovered and had him in Execution and that the Gaoler voluntarily suffered him to go at large It was Demurred 1. Because he doth not shew the Court had power to hold Plea 2. The Plea is not good in substance for this Escape is no discharge of the Debt and therefore the Action lies against the other 5 Rep. 86. Blumfield's Case Cro. Jac. 531. Pendavis's Case Two bound joyntly and severally the Obligee brought Action against one and retraxit his Suit Q. If this be a Bar to sue the other Obligor But the Retraxit being pleaded in the Court of Record in Poele and it not being alledged that this Court had power to hold Plea per Patent or Prescription It is an ill Plea Jones p. 451. Denn● and Paine If a man be bound by an Obligation and afterwards promiseth to pay the Mony Assumpsit lies upon this Promise and if he recover all in Damages this shall be a Bar in Debt sur le Bond Co. Lit. p. 240. Ashbroke and Snape Venue Bond where Triable When the Obligation is made beyond Sea AN Obligation made beyond Sea may be sued here in England in what place the Plaintiff will as if it bears date at Bourdeaux in France it may be alledged to be made in quodam loco vocat ' Bourdeaux in France in Islington in the County of Middlesex and there it shall be tried for whether there be such a place as Islington or not is not Traversable Co. Lit. p. 261 b. One sues in the Admirals Court upon a Bond made in partibus Maritimis Virginiae and so he may if he will suppose the Contract in Virginia and if he will suppose the Contract in England he may sue here But if part of the Contract be here and part beyond Sea in Virginia or upon the Sea the Common Law shall have Jurisdiction 2 Rol. Rep. 492. Capp's Case Where part is to be done within the Realm and part out of the Realm the Plea ought to be Triable within the Realm Condition was for 40 l. to be paid within 14 days next after the Return of one Russel into England from the City of Venice The Defendant pleads in Bar that the said R. was not at Venice The Plaintiff demurs and it was Adjudged a naughty Plea 1 Brownl p. 49. Hales and Bell. Where the Condition contains Matter not Triable the Condition is void Mo. N. 201. The Issue was the Obligor was never at Rome but if the Matter is parcel Triable its good enough Molineux A Declaration upon a Bill dated in patoch ' Sanctae Mariae de Arcubus in Lond ' and upon Oyer it bore date at Hamborough It s triable here Latch p. 4 77 84. Ward and Kidson Cro. Jac. fo 76. Higham and Flower An Obligation sued in the Admiralty supposed to be made and delivered in Chancery Per Cur ' such a Bond may be sued here but being begun there we cannot prohibit them For the Plaintiffs Witnesses may be beyond Sea 3 Leon. p. 232. Delabreche's Case Debt on Obligation dated in Surry brought in London The Counsel pleaded Stat. 6 R. 2. cap. 2. that all Obligations ought to be sued in their proper Counties as dated and prayed Judgment of the Writ Per Cur ' its a frivolous Plea the Law being clear that unless the Obligation appear in the Count or on the Pleading to be out of the County although it bear date out it s not material where it s brought 1 Keb. 593. Pretty and Roberts Debt on a Bond of 60 l. for the payment of 30 l. 10 s. at Coventry Issue was taken that the Mony was paid at Coventry yet by consent of Parties and Paper on the Rule of Court Issue was found pro Querente at London and Judgment but it was reversed for this Error Consent of parties cannot change the Law Hobart p. 5. Crow and Edwards Recognizance taken before a Judge at Serjeants Inn in Fleetstreet London out of Term the Action was laid in London and not in Middlesex and good and the Scire facias shall be directed to the Sheriff of London but if it were taken in Court or generally it shall be in Middlesex Hob. p. 195 196. Hall and Winckfield Place of Payment in the Condition DEbt in Havering in Essex The Condition was for payment of 20 l. to the Plaintiff at his House at S. in Kent The Defendant pleads payment at the day c. Secundum formam effectum indorsamenti pradict ' and Error was assigned for that the Issue was tryed at Havering and not at S. in Kent Non allocatur For when a thing Issuable is alledged and no place this shall be tryed where the Action is brought and Secundum formam c. refers only to the Time and not to the Place For the Place is not material payment being made to the Obligee and it appears not but S. in Kent may be in the Jurisdiction of Havering Cro. Eliz. p. 105. Newe's Case Condition was if he pay 50 l. at his House at Lockington in the Parish of Kilmerston that then c. The Defendant pleads payment c. and the Venire issues of the Venue of Lockington and good for it shall be intended a Village in the Parish of Kilmerston for divers Villages may be in one Parish But if it had been at his House in Lockington in Kilmerston then it shall not be intended a Village but a place known Cro. Eliz. p. 117. Pike and Cottington 3 Leon. 193. Cro. Eliz. 804. Kerchever and Wood. Payment pleaded apud domum mansionali● Rectoriae de M. Venue was de M. and good and M. shall be intended a Vill. Condition for the payment of 100 l. at his House in Cheapside the 21 of June next ensuing the date hereof The Defendant pleads that on the 21th of January then next following the date of the Condition of the Obligation aforesaid he paid the 100 l. at the Plaintiff's House in Cheapside Secundum formam c. It s good enough though the Condition hath no date for the Condition and Obligation are as but one Deed But because it s not alledged in what Parish or House the Ward is its Ill because of a Venue and Trial a Parish and Ward in London are as a Vill and Hamlet in other Countries Cro. Eliz. pag. 372. Forth and Harrison Condition was that the Defendant should pay so much Mony in an House of the Plaintiffs at Lincoln The Defendant pleads payment at Lincoln aforesaid and Issue c. The Venire was

THE LAW OF Obligations and Conditions OR An Accurate TREATISE wherein is contained the whole Learning of the LAW concerning Bills Bonds Conditions Statutes Recogniz●nces and Defeasances as also Declarations on Special Conditions and the Pleadings thereon Issues Judgments and Executions with many other useful Matters relating thereunto digested under their proper Titles To which is added A TABLE of References to all the Declarations and Pleadings upon Bonds c. now extant ALSO Another TABLE to the Forms of special Conditions which lie scattered in our President BOOKS Being a Work necessary for all that Study the Law or follow the Practick Part thereof With an INDEX of the Principal Matters therein contained By T. A. of Grays-Inn Esq LONDON Printed for I. Walthoe at his Shop in Vine-Court Middle-Temple 1693. TO THE STUDETNS OF THE Common Law GENTLEMEN I Have often admired as well at the Confidence as the scribling Fatigues of any particular Persons who pretend to write Abridgments of the whole Common Law of England Non est res unius aetatis such Persons by an impertinent Citation of a Multitude of Cases not duly examined either raise a Confusion in the Minds of Students or else soften them into a careless Humour it being more easie to turn to Hughes or Shepherd than to search into the true Reasons of the Judgment in Cases maturely reported besides these Persons are seldom curious about Declarations and Pleadings their essential Forms and apt Notions which is the very Soul of the Law that plastica vis without which all their Volumes are void of Life and regular Motion a meer rudis indigestaque moles Some indeed have merited well by their particular Treatises and for that they have kept themselves to one Subject have proved very useful This particular Title which I here present to you hath not been hitherto fully and designedly handled and yet there is no Title more frequent in our Books than that of Obligations and Conditions The Method I have used is as exact as a Treatise of this Nature is capable of yet in this I have not been over-curious and systematical I have not treated at large on Arbitration Bonds the Learning of Arbitraments being a large Title of it self and Mr. March hath been very exact therein and for the same Reason I have been very sparing about Bonds sued by or against Executors or Administrators that being a peculiar Learning of it self though hitherto I confess but lamely handled I have added a Reference-Table of Declarations and Pleadings both Ancient and Modern a thing useful for entring Clarks who may at any time compare their own Manuscripts with these I have also added a Table of special Conditions such as are extant though that must generally be left to the Students own Improvement as the nature of the Case will be and it s very easie to change any Covenant into a Condition Some Cases I have cited more largely for the benefit of such who may not have the Books at hand but especially where the Reasons of the Resolutions are Learned and Curious and I have corrected some Cases which have been mistaken in some Reports as Croke Eliz. and others I have ventured to insert many of the Cases reported by Mr. Keble though in some of them I confess I am a little confounded but they are set down in his own Words Gent. If this Piece prove useful to you either in it self or in instructing you in the Method of your Studies as to other Titles of Law I have my Design And if you please to pardon my Mistakes it will lay a farther Obligation on your Humble Servant J. A. The Names of the Books made use of in the Table of Pleadings A Stons Book of Entries in Quarto Printed 1673 Brownlows Declarations and Pleadings in English 2 parts 4to 1653 Brownlows Declarations and Pleadings in Latin fol. 1693 Browns Entries in 2 parts fol. 1675 Modus Intrandi 8 vo 1687 Cokes Entries fol. 1671 Clarks Manual 8 vo 1678 Hernes Pleader Eng. fol. 1685 The Book of Entries fol. 1685 Robinsons Entries fol. 1685 Rastals Entries fol. 1670 Placita Generalia Specialia 8 vo 1674 Tompsons Entries fol. 1674 Vidians Entries fol. 1684 Winches Entries fol. 1680 THE INDEX A. PLEAS in Abatement and where the Court shall abate the Writ 34 35 36 37 359 360 361 362 365 366 402 Acquittance pleaded to a single Bill 31 Acquittance pleaded in discharge of Covenants for Reparations 198 Acceptance Concord pleaded in Bar 406 Condition to accept a Lease 232 Condition to give an Account 237 Of Acts to be performed by a Stranger 188 Action on Bonds 353 By a Corporation 355 By joint Obligee 356 By Baron and Feme 357 By Alien ibid. By Executors and Administrators 358 Action brought on Bond against Administrators and Executors 358 Against Baron and Feme 363 Against Body Politick 364 Against Joynt Obligors ibid. Against a Servant or Receiver 367 Action brought before Cause of Action ibid. Who to do the first Act 352 Conditions on special Agreements Contracts c. 134 Bonds made to Aliens 19 Leases made to Alien Artificers 50 Condition not to alien 234 Conditions for Appearance at a place Vid. Title Sheriffs Bonds 232 Appearance to a Sheriffs Bond how to be pleaded 85 86 87 Apprentices Bonds 305 Condition for Appearance for Felony 314 Inter alia a Bond may be put in Arbitrament yet in such Case the Arbitrament cannot be pleaded in Bar of the Obligation 400 Of Bonds of Arbitrament 301 Assignee who are Assignees of the Obligee when a thing is to be paid or performed to him or his Assigns 110 111 Assignee to perform Covenants 190 Assignee of Estate and Assignee of Contract 172 Assignment of Obligations to the King 317 Assignment by Commissioners of Bankrupts 343 Assets in the Hands of the Heir 293 300 Condition to make Assurance or farther Assurance 157 c. At whose ●●…sts 161 Condition to assure Land on Marriage 235 Foreign Attachment pleaded 445 Averment 10 35 Audita Querela where lies and where not 257 272 281 B. BOnd 's Vid. tit Obligations Action brought by Baron and Feme on Obligation 357 Against Baron and Feme 363 Obligations assigned by Commissioners of Bankrupts 343 Conditions concerning Bastard Children 132 Bail Bonds Vid. Sheriffs Bonds Bail Recognizance 267 The Nature of it ibid. Process and Scire Fac. thereon 269 How and when the Bail is discharged 272 Pleadings thereon and Execution 277 Removal Error Hab. Corp. 282 The Form of a Recognisance of Bail 313 Bond for the Good Behaviour 309 What amounts to a Breach of the Behavior 309 316 Condition to procure a Benefice 225 Of Bills Obligatory 8 27 Two several Bills in one 11 Assignment of a Breach on Bonds of Covenants 149 C. OBligations made by a Corporation16 Obligations made to a Body Corporate19 Conditions The Nature of a Condition 38 The several sorts of Conditions 39 Of Conditions precedent and their Operation 40 What words make a Condition 41 What

he is not bound to pay before Request 1 Rolls Abr. 438. Qu. A Condition to make assurance before the 10th of March and if the Obligee refuse the assurance and shall make Request to have 100 l. in satisfaction of it then if upon such Request within five Months after he pay it then c. he refused the assurance and ten years after he makes Request to have the 100 l. Per Cur. it is good and he may make Request during his Life Crook Eliz. p. 130. Boyton and Andrews Id. Case 1 Leon. p. 185. The Condition is to do a thing upon Request the Plaintiff must make Request to the person and not by Proclamation giving notice of the Request 1 Rolls Abr. 443. Gruit and Pinnel Request to c. Bridgm. Rep. 39. Allen and Wedgwood 1 Rolls Rep. 373. Crook Eliz. p. 62. Gallies Case Keilway 95. Place of Payment or Performance Where a Place is limited A Condition to pay Mony at London the Action laid in Shrewsbury 2 Leon. 37. Jay's Case If the Condition of an Obligation be to appear coram Justiciariis apud Westm he ought to appear in B. and not in B. R. Musgrave and Robinson 1 Rolls Abr. tit Condition 445. If a place of Payment be limited by the Condition he is not bound to pay this in any other place 17 E. 3.16 1 Rolls Abr. 445. If a place be limited by the Condition where it shall be performed the othere is not bound to receive this in another place If the Condition be to come to A. at Dale to aid him with his Counsel it is not performed if he tender his Counsel at the day at another place 1 Rolls Abridg. p. 446. In Debt on an Obligation to pay at the House of Y. in Woodstreet magna The Defendant pleads payment at the House of Y. generally and the Visne is from the Parish of Woodstreet generally Verdict and Judgment pro Quer. It is no Error it is only in Fact and should have been pleaded 1 Keb. 440. Ashburnham versus Braham The Condition was if he paid such a Sum of Mony at Newton Petrarch that then c. The Defendant pleads payment at the day at Newton praedict the Venire Fac. being at Newton only A Ven. de novo was awarded Crook Jac. p. 326. Dennis Case A Condition to pay 10 l. at S. such a day or 10 l. at S. such a day tender at D. the first day saves the Condition 22 Ed. 4.52 1 Rolls Abr. 444. A Condition to pay 10 l. at D. if the Obligee accept this at another place it 's a good performance sans fail 1 Rolls Abr. 456.11 Where no Place is limited IF no place be limited in the Condition for payment of the Mony he must tender the Mony to the person of the Obligee but if the Condition be to deliver 20 Quarters of Wheat or 20 Load of Timber c. The Obligor before the day must go to the Obligee and know where he will appoint to receive it and there it must be delivered If the Condition be to make a Feoffment it is sufficient to tender it upon the Land for there the Livery must pass Co. Lit. 210. b. If the Obligee be out of England he is not bound to seek him ibid. If a Man be bound to pay 20 l. at any time during his Life at a place certain the Obligor cannot tender the Mony at the place when he will for then the Obligee should be bound to a perpetual attendance but the Obligor must give the Obligee notice that at such a day he will pay the Mony and the Obligee must attend there to receive it for if the Obligor then and there tender the Mony he shall save the penalty of the Bond for ever Co. Lit. 211. a. But if the Obligor at at any time meet the Obligee at the place he may tender the Mony ibid. There is a difference between a place of payment limited in the Obligation and a place limited in the Condition of the Obligation For if I am bound to you in 20 l. to be paid at D. if I pay it to you at another place this shall not excuse me but if I am bound in 20 l. on Condition that I shall pay it you at D. if I pay this 20 l. at another place it is good if you receive it 11 H. 7.17 9 H. 7.20 b. Lord Cromwels Case If the Mony be paid at any other place and received before the day it is good Cook Lit. 211. a. A. is bound to B. that C. shall enfeoff D. such a day C. is bound to seek D. to give him notice and request him to be on the Land to receive the Feoffment ibid. Debt upon a Bond for payment of Mony there being no place named in the Obligation where it shall be paid The Defendant pleads the Plaintiff was beyond Sea at the day of payment and saith not uncore prist Per Cur. this a good cause of demurrer Siderfin p. 30. H. 12 13 Car. 2. B. R. Hobson and Rudge A Condition for a common Chirurgeon to instruct his Apprentice in his Trade and to keep him in domo sua propria servitio If he send him a Voyage to the East Indies to exercise his Trade it is a Forfeiture but he may send him to any place in England to a Patient Aliter if it were a Merchants Apprentice 1 Rolls Abr. tit Condition p. 445. Coventre and Boswel The Lessee is bound by an Obligation to pay the Rent the Lessee is not bound to seek the Lessor to tender it on the Land Hobart p. 8. Baker and Spain In Debt on an Obligation to pay at the House of one Y. in Woodstreet magna The Defendant pleads payment at the House of Y. generally and the Visne is of the Parish of Woodstreet generally Verdict pro Quer. and Judgment It is no Error it is only in Fact and should have been pleaded 1 Keble p. 440. Ashburnham versus Braham Debt in an inferior Court the Condition was for the payment of Mony at a time but no place was limited in the Condition for the payment thereof Judgment pro Quer. 'T was Error because there appears no place of payment So that by that it cannot appear whether the cause of Action lyeth within the Jurisdiction of the Court where the Action was brought or not therefore it should have been made appear by some part of the Record that the Mony was to be paid within the Jurisdiction of the Court which is not here done and therefore Judgment erroneous Stiles p. 2. Masterman's Case Judgment in the Court at Barnstaple upon an Obligation and assigns for Error that the Condition was to pay Mony at W. which is not within the Jurisdiction of the Court Per Rolls if it appear by the Declaration that the Mony was to be paid out of the Jurisdiction of the Court the Judgment is not good and it is not necessary to swear this Plea Stiles p. 225.

and to be inrolled within six months otherwise they will be void as to Purc●sors 27 Eliz. c. 4. But now by the Statute of Frauds and Perjuries the day of the month and year of the inrolment of the Recognizances shall be set down in the Margent of the Roll where the said Recognizances are acknowledged and no Recognizance shall bind any Lands c. in the hands of any Purchasor bona fide and for valuable consideration but from the time of such inrolment 29 Car. 2.1 By whom acknowledged and how BAron and Feme enter into a Statute or Recognizance this binds not the Wife albeit she survives her Husband 10 Rep. 43. 2 Inst 673. If an Infant acknowledge a Statute or Recognizance its voidable by Audita Querela during his minority but he cannot avoid it after his full age neither by Audita Querela nor Writ of Error because of Infancy only Moor n. 206. Yelv. 88. Randale and Wale Co. 2 Inst. 673. Dyer 132. and the way to avoid it must be by inspection which cannot be after his full age 1 Bulst 187 188. Infant acknowledgeth a Statute and was taken in Execution and at full Age he brought Audita Querela to avoid the Execution Per Cur. the Audita Querela shall abate he shall not avoid it it being matter of Record but if he will avoid it it must be during his minority Moor n. 196. Worsleys Case 1 Anderson 25. Noy p. 16. A Recognizance acknowledged by an Infant and he was inspected and adjudged to be within Age and thereupon had a Scire Fac. against the Conusee and upon a ni●hil returned it was adjudged the Recognizance should be void and he be discharged whereupon Error was brought for that there ought to be two nichils returned for two nichils amount to a Garnishment and without Garnishment and Oyer of the Party to whom the Recognizance was made it ought not to be adjudged to be cancelled and for this cause it was reversed And now because the Conusor is at present of full Age and cannot have a new Writ of Audita Querela to be inspected it was moved that he may have a new Writ comprehending the first Inspection and the Judgment thereupon and shew that the first Judgment was only reversed for Error in the Proceedings and upon all the matter to be relieved and so it was done Cro. Jac. 59. Yelv. p. 88. Randale and Wale A Recognizance within the Statute 23 H. 8. c. 6. cannot be good except the Seal of the Party be to it Before whom taken THey may not be acknowledged before any other Persons but such as are appointed by the Statutes Other Recognizances besides those on 23 H. 8. may not be acknowledged before any but such as have Power ex Officio as the Judges of the Courts at Westminster or by special Commission to take them Dyer 220. Out of the Commonalty of London there shall be two Merchants chosen and sworn and before one or both of these Merchants the Recognizances may be taken Stat 14 Ed. 3.11 8 R. 2.4 The Recognizance upon the 23 H. 8. c. 6. in nature of a Statute-Staple is always to be acknowledged before the Chief Justice of the Kings Bench or Common Pleas in the Term time or in their absence out of Term before the Mayor of the Staple at Westminister and the Recorder of London All the Judges may out of Term take Recognizances in any part of England and if it be taken before the Chief Justice of the Common Pleas at Serjeants-Inn in Fleet-street out of Term its good Hob. 195. Every Court of Record of any note hath this Authority incident to it to take Recognizances for all things which concern the Jurisdiction of the Court and of all things which arise of or by reason of the Matters there depending so it is taken before the Mayor and Aldermen of London 1 Leon. 384. Holinshead and Kings Case The Custom of London to take Recognizances and the Form of the Declaration Cro. El. p. 186. Chamberlein and Thorp 1 Leon. 130 131. Where Actions to be brought on Statutes and Recognizances H. Brought Debt against W. and declared upon a Recognizance taken before Chief Justice Hobart at Serjeants-Inn in Fleet-street London out of Term and laid his Action in London whereupon the Defendant demurred The Question was whether the Action ought to be brought in Middlesex where the Recognizance is recorded or in London where it was acknowledged Now in this Case the inrolment of the Record that the Recognizance was taken before Hobert at the time and place aforesaid by which it was a Record ipso facto then and there and the inrolment is but a confirmation of the same Record and makes no change but because they both concur to the making it a perfect Record the Action may be brought in either County but by Hobert in London as the more worthy part of the Act and a Scire fac upon such a Recognizance shall be directed to the Sheriff of London and not of Middlesex but if the entry of the Record were general that the Recognizance was taken before Hobert it shall be understood in Court and then the Action shall be brought in Middlesex Hob. Rep. p. 195. Hall and Winkfield 2 Rolls Rep. 182. 1 Brownl p. 69. Allen Rep. 12. Andrews and Harborn In the Common Pleas its good both ways in B. R. it ought to be where the Recognizance is taken Stiles p. 9. Andrews Case Debt brought in the Common Bench on a Recognizance in London Cro. Eliz. Wilfords Case Statute Staple suable in the Kings Bench or Common Pleas as well as in Chancery Cro. El. p. 208. Clavel and Mallory Audita Querela in the Common Bench for that the Conusor was within Age at the time of the acknowledgment and well brought there mesme Case 1 Leon. 303. so in B. R. and the entry of the Inspection vide Cro. El. 208. A Recognizance taken by the Custom of London makes the Debt local vide 1 Leon. 130 131 284. Scire Facias SCire Facias in the Kings Bench on a Recognizance may not be general without shewing the time of the Recognizance and other particulars for it is but a Pocket Record therefore it is to shew what date it is for otherwise the Party may not know what Matter to plead and perhaps it is released or cancelled and a Man may not plead a Release after nul tiel Record Qu. 2 Siderfin p. 156 159. B. R. Alston and Body He that sueth forth a Scire fac in Chancery to defeat an Execution on a Statute-Staple shall find Surety to prosecute with effect If the Statute hath but one Seal it shall take effect as an Obligation Moor n. 520. 2 Rolls Abr. 149. Aiscue and Hollingsworth Cro. El. p. 494. contra A Recognizance is entire and being discharged in part is discharged in the whole but if the defeasance be to be paid in several Sums there an Acquittance of part is not a