the Tenant y y Judgment, As where he will not grant the View where the View
or Defend- y ies ^ or w i/i not record Default &c. or will not give Judgment, the Party
Court* to ° cannoc nave Writ of Error, but Refummons : But if Wrong be done to
have Day to the Tenant or Defendant Refummons does not lie. Br. Conuians, pi. 27.
make anfwer cites f 8 H. 6. 1 8. Per Marten.
unto him ;
And thefe Writs do lis in all Cafes when the Plea isdifcominued, or put without Day, either in this
Cafe or in Cafe when the Demandant or Tenant has his jfge, or for the Not Coming of' tie Jiijticts, or in
Cafe of a Protection, or Effoine de Service le Roy &c. Of thefe Writs there be i Sorts, viz. $ General
and Special. Co. Litt. 1 3 5. b $ S. P. 7 Rep. 29. b. in the Cafe of Difcontinuance of Procefs
&c. and fee there the feveral Forms of them. — Co. Litt. 135 b. S. P. and fays, That in thefe <; Cafes
Writ (hall abate, but in the Writ of Excommunication the Writ fhall not abate, but the Plea mall he
put Sine Die unlefs the Plaintiff purchafe his Letters of Abfolution and fue out his Refummons or Re-
attachment.
â– J- Br. Refummons, pi. 17. cites S H. 6. 20.
2. Where Conttfance of Plea is granted to the Bailiffs of a Franchife,
there if they fail the Party of Right he fhall have Refummons, and the
Caufe of the Fatler of Right is traverfable. Br. Refummons, pi. 3. cites
34 H - 6. 53-
3. Re-attachment was fued after the Death of King R. 3. and there
was no Roll thereof; and yet good by the Opinion of the Court ; for
Re-attachment by the Death of the King is as a New Original; Contra of
Refummons
Refummons Sec. 159
_ ,___ ■- - — — . — ■■■— - ■■■...... , ^
Refummons for Failcr of Right in a Franchife after Conufance of Pleas
granted, or Scire facias to execute a Remainder by Fine, or Re-attache
merit after Protection caft, if the Refummons or Re-attachment bears Date
after the Tvar&cc. Br. Re-attachment, pi. 16. cites i H. 7. 21.
(B) Awarded. At what Time, and where.
1. TF in Aflife againfi Baron and Feme, the Baron makes Default, and thd
\ Feme is received, and after the Parol is "without Day, the Plaintiff
may have his Reattachment againfi the Baron and Feme, or againfi the
Feme alone at his Pleafure; And per Norton, The Tenant is more at large
when the Parol is without Day by not coming of the Jufiices, than he is
when it is by Protection ; for VV'ilby faid that there the 'Tenants might
hold them to their fir fi Plea, or plead de Novo; Quaere tamen. And where
they were adjourn d upon the Pleading in Tres Sept. Paich. and ac
the Day the Baron made Default, and the Feme was received and pleaded,
and had Octo Trinitat. and at the Day the Parol was without Day by not
taming of the Jufiices, and the Plaintiff fitted Re-attachment returnable after
in 15 Hill, iibicunqiie Sec which is in B. R. where by Magna Charta
Affile lhall be brought in Proprio Comitatu ; and yet welL, becaufe ic
was commene'd in Proprio Comitatu. Br. Re-attachment, pi. 7. cites 24
E. 3.23.
2. 11 Scire Facias is fine Die by Protection, a Man Jhall have Regarnifloment
there, as he Jhall have Refummons or Re-attachment upon Original put fine
Die. And the Protection was from the ^th January, to continue tor one
Year; and the Telle of the Regamijhment was the Sth Day of January
then next following. And the Opinion of the Court was, That it is well,
and yet the 7 th Day lhall not be accounted for one of the Days, and yec
well â– â– > for a Man may have a new Writ bearing Date the lame Day that
his Writ abates j quod Quaere inde. Br. Re -attachment, pi. 33. cites4o
E. 3. 1 3.
3. 11 Protection is cafi, by which the Parol is without Day by a Tear So in belt
and Day, and after the Party does not go according to his Protection, there the De l en -
the Plaintiff lhall have Refummons within the Tear, by ihewing of fhis p^L??*
Matter. Br. Refummons, pi. 37. cites 47 E. 3, 6. by which
the Parol
tvas without Day, and the Plaintiff fued Repellance within the Tear, and repeal'd it, there the Plaintiff
lhall have Refummons within the tear, notw ith Handing that the firft Judgment was, that the Parol JlialL
be fine Die by a Year and a Day. Br. Refommons, pi. 50. cites 5 H. 6. 40.
In Irefpafi, the Defendant caff Protections which was allow'd, and the next Day the Plaintiff fliew'd
Repellance, by which he pray'd Reattachment, and had it immediately within the Year, and Habeas
Corpora againftthe Jury; quod nota. Br, Re-attachment, pi. z. cites 34 H. 6. 4.
4. In Affile of Mortdancefior, if the Tenant is Fffioignd, and at the Refummons
Day he makes Default, Relummons does not lie there, but immediately ^. a11 n ° l
upon Default made upon the Original. Br. Relbmmons, pi. 34. cites 4 H. ^mediately
6. 23. after the Re*
turn of the
Summons. Br. Refommons, pi. 29. cites iS E. 4. S. Br. ProceG, pi. 119. cites S. C,
5. In Appeal of the Death of the Ancefior within the Tear, the Writ was Br. Rela-
delivered to the Sheriff, and before the Return thereof, the King dies, ^"j "' ri*'
alfo the Tear was pa/1 before the Day of the Return of the Writ ; and the g r A „
Plaintiff removed the Writ into B. R. by Certiorari, and the Sheriff had done peal, pi. 98.
nothing in ferving thereof, and Re-attachment was granted, tho' the Writcites S. C.
did not come in by Return in Court ; lor otherwife the Party lhall lofeT" °*. c< . r ~
J J , . tiorari. pi.
his ' r
i6o
Refummons &c.
12. cite? his Appeal, becaufe the Year is pafs'd. Br. Re-attachment, pi. 27. cites
Where^- i° E -4*3.
peal of Death is without Day ly Demife of the King, the'Re-attachment to revive the Original fhall be
brought within the Tear after the Death of the King ; and otherwise the Appeal is gone. Br. Reattach-
ment, pi 17. cites 2 H. 7. 10.
If an Appeal had been abated by the Demifi of the King, before I Ed. 6. cap. 7. (by which this Mifchief
is provided againltl it fecms clear, That the appellant might have fued a Re-attachment againft the Ap-
pellee, within the Tear and Day after fuch Demife ; for that lie was in no Defaulr, and othcrwifc would
have been without Remedy. 2 Hawk. PI. C. 163. cap. 23. S. 35.- And Ibid 299. cap 2- S. 105
The Servant fays he does not find it any where faid, That the Pleas and other Proceedings therein be-
ing put without Day by the Demife of the King, might not be revived hy a Special Re-attachment, in the
fame Manner as in any other Adtion : However, it is certain at this Day, That by Force of 1 Ed. 6. cap. -.
and I Ann. cap S. Neither the Writ nor Bill, nor any Plea, nor Proceedings therein, {hall be any If 'ay dis-
continued, or put without Day by fuch Demife.
6. So of Fcrmedon purchased within the Tear after Title accrued againlr.
Pernor of the Profits, and the King died before the Return of the Writ
the Writ ihall be removed by Certiorari as above, and Refummons lhall
be granted lor the Mifchief &c
4- 13
Br. Re-attachment, pi. 27. cites 10 E.
* See (F)
pi. 1. 2.
(C) In what Cafes and Actions, and *How.
1. TN Affife againft two, the one pleaded Foreign Releafe, and the other to
X the Affife ; and it was adjourn' d into Bank for the foreign Plea, and
againlt the other it was fine Die, and at the Day in Bank the Foreign
Pleader made Default, and the Aihfe was adjourn' d into Pais without Re-
attachment againft him who pleaded to the Affife ; and he pleaded Releafe
ot all Aaions alter the Day in Bank, & non Allocatur ; for he had no
Day in Court without Re-attachment, but the other had always Day in
Court till now. Br. Re-attachment, pi. 30. 22 Aff 26. :
The Nature 2 . It was faid, the Refummons does not lie but where the Parol is with-
mons a T~ 0tlt ?V W l tb , m Foll y °f thc p i*****f 9 a * b y ^mife of the King, Not
continue the coming ot the Juftices, Prote&ion, Ceifer of an Eyre &c. Br Re-
continue
Original
Writ ; for
by the Com-
mon Law
no Refum-
mons did
lie but a-
gainft him that was Party to the Original, or which came in by Voucher or Receipt &c fo long as the
Tenant lived, and only where the Plea was put without Day without any Laches or Default in the Parly
as upon a Conufance granted, and Failer of Right by the Demife of the King, the Non Venu of the
Juftices, or when the Parol demurrM for Nonage, or upon the Allowance of a Protection and the
like ; but if the Procefs be not continued by the Negligence of the Plaintiff, no Refummons lies
fommons, pi. 33. cites 24 E. 3. 48.
3. But if it be difcontinucd, a Man fhall not have Refummons ; for the
' Original is determined, and therefore there it does not lie, cho J it be in
Caie ol Ward, where Refummons is given by * Statute. Br. Refom-
mons, pi. 33. cites 24 E. 3. 48.
Inlt.
441.
-* 13 E. 1.
cap. 35.
4. In Affife the Parol was without Day Mefnt between the Verdict an I
the Judgment, by removing of the Juftices* by which the Plaintiff fued
lint to make the Record to come bejore the new Juftice to have judgment
and the Record was brought before them, but not the Original nor the Pan-
net, by which the Juftices would do nothing ; wherefore he caus'd them
to come by another Writ, upon which the Juftices awarded Re-attachment ad
audiendum Judicium ; quod nota. Br. Reattachment, pi 22 cites 26
All. 20. r
t>?' I V#^' the Bai!l ff °f the Framhife had Conufance, and after the
Plaintiff fued Re-attachment, which was Pone per Vadios &c. it a quod Lo-
quelaftt in eodem Statu, & quod Ballivi libi dc refto defecerunt &c. &
quod
Refummons &c. 161
quod Habeas Corpora juratorum return' &c. Br. Reattachment, pi. 8. *it fhould
cites 26 Air. * 66. be pi. 67.
6. In Affife, Conufance of Pleas was granted to S. and after the Plaintiff'
fued Reattachment for Failer of Right in the Francbife ; ibr at one Dav the
Tenant pleaded to the AJJife, at which Day the Bailiffs would do nothing,
bat guv c Day over, and at the Day did not come. Br. Reattachment, pJ.
11. cites 31 All". 9.
7. In Scire facias, the Prayee in Aid caft Protection, which bore Datd
*}th Day of January per tin urn Ann am da rat arum, and the Plaintiff brought
Regarnijhment in Lieu of Refummons upon Scire facias, as he ought. Br.
Refummons, pi. 4. cites 40 E. 3. 18.
8. Where Ward is brought againft two> 3 and the one dies, the PIaintiffBr. Gard,
fhall not have Refummons againft the other ; for one is alive who may an- P 1 - 2 °- cue *
fwer of the Ward : And to it feems that the Writ lhall abate, and the r 5 S E ' ?" "°"
Plaintiff jhall have a new Original againft the Survivor. Br. Refommons, fhoulcTbe
pi. 5. cites 50 E. 3. 7. 7 .b. pi. ,,-.3
Survivor fhall have the Ward, and the Branch of the Statute Weftm. z. cap. 25 gives the Refummons
either againft the Executors or Heir ; and in this Cafe Pars Defendtns tton eft Mortuas. 2 Inft. 4 < 1.
9. Yi-x fudge takes Conwance of a Pine, and the King dies, the Writ of So itJVrit of
Covenant pail be refummond, and the Conufance lhall be certified by Writ Covenant u
directed to the Juftice. Br. Relummons, pi. 8. cites 8 H. 4. 5. 'f? " Fm *
J ' r ~ J be return d,
ai:d the
King's Money enter d, and after the King dies before the Engrcfsment of the Fine, the Writ of Covenant may
be relummon'd, and then the Fine may be engrofj'd; quod nota. Br. Refummons, pi. 21. cites 1 H. -.'
10. Br. Fine, pi. 8j. cite-; S. C.
10. In Affile of Mortdanceflor, the Tenant is cfoin'd, and at the Day So in Attaint^
Sec -makes Default, the Affife lhall be awarded by his Default ; For Re- '/ the %-w*
fummons does not lie there", but upon immediate Default made upon the " e ^ '"" d
Orignal. Br. Refummons, pi. 34. cites 4 H. 6. 23. lurnof the
and at the Day males Default, Refummons fhall not iffue, but the Attaint fliall he awarded by Default j
for Relummons fhall not iflue but immediately after the Return of the Summons. Br. Refommons pU
29. cues 1 S E. 4. 8. ' ' *
• 11. In Trefpf "sin London in the Time of H. 8. the Defendant pleadeHAn
hitrement in Kent, and lb to Iffue, and Procefs continued to the Habeas Cor-
pora, and there the Parol was put without Day, becaufe KiugE. 4. as law-
ful and true Heir to E. 3. and alfo to King R. 2. took upon him the Dig-
nity of the Crown, by which at the Prayer of the Plaintiff', Re-attach-
ment was granted againft the Defendant to the Sheriff' of London, and
Rehabeas Corpora againft the Jury to the Sheriff" of Kent j quod nota.
Br. Re-attachment, pi. 19. cites 1 E. 4. 1.
12. In Recordare they were at Iffue, and it pajfed for the Defendant,
'and afer the Plea was removed without Day by Demife of the King, bv
which the Defendant pray d Refummons in the Name of the Plaintiff, and
could not have it; but the Opinion of feveral was, That he lhall have
a Special Writ upon the Matter, and both Parties lhall be warn'd, and by
others the Defendant ihall have Scire facias. Br. Refummons, pi. 23.
cites 2 E.4. 9.
13. In Formcdon the Parties were at Iffue; Procefs continued to the Ha- Br.Re-nt:
leas Corpora, and alter the Parol was Sine Die by Depvfition of King E. 4. tachmenr,
and the Demandant had Refummons againft the Tenant, and in the feme 2 5- cites
Writ Habeas Corpora againft the Jury. Br. Refummons, pi. 24. cites TheOpl-
IO E. 4. 13. nionof'the
That in this Cafe the Plaintiff fliould have Re-attachment, notwithstanding that no Pncefs .naas in ihi
Original which was by Bill ; For otherwife the Plaintiff mail fofe the Advantage of the Pleading before,
and his Colls, which fliall be miichievous Sec. Br. Reattachment, pi. 23. cites S. C.
Tt ,3. In
162 Refummons
Pr. Scire 14. In Avowry the Parties were at IJfue, and Venire facias return' d, and
fecias, pi. Habeas Corpora awarded, and alter the Parol was without DaybyDemife of
incites the King, and the Defendant prayd Scire facias againjl the Plaintiff' to
bear t! e Jury, and Habeas Corpora againjl the Jury ; and all the J ultice9
agreed that he Jhall have Scire facias, and this lor theJMifchief oi having
Return. Br. Relbmmons, pi. 26. cites 10 E. 4. 15.
15. In Detinue it' the Defendant prays Gamijhment again (I J. who comes
and pleads with the Plaintiff ', and alter the Parol is without Day, the Gjr-
nijhee Jhall have Scire facias. Ibid, per Catesby.
Br. Scire fa- 16. i5o where 2 fever al Writs of Ward are brought again ft one and the
cias, pi. 195. fame Man, by which they enterplead upon the firjt Original, and alter the Pa*
cues 6. C. yG i j s without Day, and the firfi Plaintiff will net fue Rejummons, the fe-
cond Plaintiff jhall have Scire facias againjf the Jirjl Plaintiff : To which
all the Juitices agreed. Br. Refummons, pi. 26. cites 10 E. 4. 15.
17. So in 6)uare Impedit for the Default ; For every one is Ad or againft
the other. Br. Relbmmons, pi. 26. cites 10 E. 4. 15.
Br. Scire f.i- 1 8. So in Jpuo Jure for the Plaintiff, if the Parol be without Day after he
das, pi. ^19 j. has made Tme. Br. Refommons, pi. 26. cites 10E. 4. 15.
cues S.C. I ^ ^ n( j i~ j t | cems t fo at where j/-, e Defendant is become Affor, or is in
Cafe to recover nothing, or to have nothing againjl the Plaintiff that he
lLall have Scire facias in this Cafe. Br. Relommons, pi. 26. cites 10 E.
4. 15.
20. Contra in Appeal, there, if the Parties are at IiTue, and after the
Br.Re-at- Parol is without Day, the Defendant lhall not have Re-attachment to
tachment, recover Damages againit the Plaintiff; For he is not intitled to have Da-
SG^Per" trages till be be Ltcito Modo Acqaietatus ; For he was never in Jeopardy.
Tenner, Per Chock J. Quod non negatur. Br. Refommons, pi. 26. cites ioE.
quod Choke 4. 16.
J. conceffit.
Brooke fays, And fo fee that if he had been intitled by Acquittal, there he might have the Scire facias.
Br. Scire facias, pi. 105. cites S. C.
21. If a Man brings Tcrmcdcn againjl Pernov.r ef the Pre fits within the
1 ear after 'title accrued to the Demandant, and I if ere tie Return cf the
Jlritthe King dies, the Writ Jhall le removed into C. B. by Certiorari, and
upon this he lhall have Refummons lor the Mifchief. Br. Relommons,
pi. 27. cites 10 E.4. 14.
23. The fame of Re-attachment in Appeal of Death. Ibid.
23. Tnfpafs in C. B. againjl 2, who pleaded feveral Pleas to Iff ue, and
fevcral Venire facias' 's, and Habeas Corpora's, and after the Parol was
wirhout Day by Depohtion of E. 4. The Plaintiif had one Re-attachment
againjl Both, Ad Audiendum Juratcres Patriae, in quos le feparatim pofu-
erunt, and Habeas Corpora in the fame Writ againit both the Jur es. Br.
Re-attachment, pi. 24. cites 10 E. 4. 13.
'^nWby Bil- 2 ^ In Trefpafs in B. R. the Parties were at IJfue, and at the Nijt Pri*
] m *ff{ t! j e us the Defendant made Default, and the Inquejl awarded againit him by
pifs'JagMTift Default, and puffed for the Plaintiff, and after before the Day m Bank, the
the Plaintiff, King died, and lb the Parol was without Day ; and it was held, Thar.
or if the t he Plaintiff ought to have Reattachment againjl the Defendant to hear his
Plaintiff bad f !U jjr me „t notwithflanding that he was out of Court by his Default, bur,
been Nonfiat â– '. ?,.-', n 11 1 j l. l t j l. â–
in Jpfeal at the Defendant lhall not plead thereupon ; but Judgment cannot be given
the hiji till it be revived by Re-attachment to give the Defendant Day in
Prim, and Court to Hand to the judgment. Br. Reattachment, pi. 28. cites 10
the Parol was r- . . , J & 3 r
without ** 4- J 4-
Day, a« above, before the Day in Bank, the Certiorari pall be fued the next Term, to make the Defen-
dant able to pray judgment againft the Plaintiff. Brook makes a £>u*re if it can be witbeut Sure facial
ggainfl the Plaintiff. Br. Reattachment, pi. 28. cites to £. 4. 14,
25. fa
Refummons &c. 163
25. In Account, the Defendant was awarded to account, and Capias ad r " Account^
Computandum iftted, and it was returned Ccpi Corpus, and he accounted before \^ n J > ^~
the Auditors, and pleaded a Plea to Iffue triable in a Foreign County, and awarded to
found Mainprise by Recognizance, and alter the Jfjuewas difcontinucd by Account, and
Demife of the King 5 and "the Plaintiff prayed Capias ad Computandum Z l "*f e £ tBl £
de Novo, and could neither have that nor Refummons, but Special Scire - 1 "j tu 'l t â„¢ ue
Facias comprehending all the Matter, and Habeas Corpora, and Diftrefs a- which was
gainlt the Jury, and the Scire Facias was fued where the Original was after without
iued. Br. Resummons, pi. 44. cites 1 E. 5. 1. Day by Be-
mije ot the
King, by which Seine facias with Habeas Corpora Jurat, ijfued. And To fee that Refummons does not lie ;
for the Original was in a Maimer determined by the Award to account before, which is a Judgment )
and yet two Judgments fhall be in Account before that it be ended. Br. Refommons, ph 3 5. cites
1 H. 7.1.
26. Where Proofs fhall be faid to be put without Day. It feems a-»
greed, That by the Common Law all Proceedings upon any I/idicliueut,
Information or Popular Atiions whereon no Judgment had been given, were
wholly determined by the Demife of the King, and that Nothing remained
but the IndicJment or Information, Original Writ orBi/l, which were puc
without Day till re-continued by Reattachment, to bring in the Defendants
to plead De Novo. But this is fully provided for by 4 & 5 W. 3. 18.
and 1 Ann. 8 By which it is enafled, 'that fuch Procefs &c. fhall continue
in the fame Force after the Kings Demife, as it would have had if he had
lived. 2 Hawk. PI. C. 299. cap. 27 S. 104.
(D) In what Cafes. General or Special.
Sfife again ft an Infant and J. S. of a Rent-charge by Deed, the ///*
L fant pleaded that Ne charga pas by the Deed which bore Date in d
Foreign County, by which it was adjornd into Bank, and the Afpfe was
without Day agamft J. S. and was try cd for the Plaintiff in Bank by Nift
Pritis, and remanded into Pais to be taken, and Reattachment fued againft
the others, who were line Die, which Re-attachment did not make men*
tion of any Day certain ; but Quod fuit ad All And therefore per Cur.
he was awarded to fue a New Writ, Quod Nota; For per Shard, it a
General Re-attachment had been fued to re-attach all Aliifes ; yet in this
Cafe he ought to have a Special Re-attachment ; Quod non Negatur. Br.
Re-attachment, pi. 31. cites 26 Alf. 3.
2. Affife was adjorn'd to Weftminfter for Difficulty, and then the Af-
fife was awarded, and a Special Reattachment againft A. where the A/fife
was againjl A. and three others; and at the Day all the J n ft ices did not
come, and General Reattachment ijfued to attach all the Ajfifes. Perley
faid, this Affife ought to have been attach'd by Special R-eattachment,
and therefore the Plaintiff was directed to fue another R-eattachment a-
gainft the next Sellions ; For three were not yet re-attach'd, but A. only.
Br. Re-attachment, pi. 13. cites 39 Alf 5.
3. In Affife it was at another Time fent to the Bipop to certify if tht
Plaintiff was a Baftand or Muher, returnable at the next Sellions and
at the Day the Parties were without Day, by not coming of the Jitftices^
and now are the Affife, and the Parties reattached by a General Reattach~
tiient for all Affifes, but no Writ fent again to certify, and now the Bifhop
certify 'd by thejirji Writ, that the Father and Mother were efpoufed, and
he born in the Efpoufals, and the Efpoufals continued all their Lives ;
and the Certificate awarded good, notwithstanding that New Writ of
Certificate was not awarded, and the Plaintiff recovered the Land againft
him
164 Refummons &c.
him who appeared only, and not againft the others who did not appear j
Quod Noca. Br. Re-attachment, pi. 14. cites 43 Aff. 11.
4. In Writ of Error it was laid, by Hank for Law, That it is tbt
Office of the Juftucs of Affife after the Parol is without Day to re-attach
all the Affile by a General Writ without Suit or Appearance of' the Party
Br. Re-attachment, pi. 5. cites 8 H. 4. 5.
j. Appeal againft Jeveral, whereof fame dwelt in a Foreign County, and
there lore Capias with Proclamations i filled in this County according zo the
Statute, and was returned fervd, by which Exigent ijued, and before the Re-
turn, the King died; and therefore it was faid, becaufe he had not fued
a Special Reattachment reciting the Procefs, he ou^ht to have Writ with
Proclamations, Contra upon fuch Special Re-attachment j For this fhall
revive the Procefs. Br. Re-attachment, pi. 34. cites x E. S . 2. And fays.
See the Book. J '
(E) Sued. By whom.
2.
cites
accoi
the Writ Br. Refummons, pi. 41. cites 19 E. 3. and Fitzh. Sci. fa. 119
fhall abate,
becaufe one of the Plaintiffs is alive, to whom the Wardfhip furviveth, & Pars Querens non obiit :
1 «7 1"'"* *£**' or Q P ,vre " ers of a Seignory, bring a Writ of Ward, and one" of t he Plaintiffs di-s
the V\ rit is abated, and the Survivor fhall not have a Refummons, for the Stat Weftm 2 can - -'
Rives the Refummons either to the Heir, or to the Executors, and not to any Survivor who maw
have a ISew Original. 2 Inft. 441. "
SveToldeT r * A Mm *""*** WtH °f W * rd > ""* dk ^ ™ d h ' S Hdr br0tl i ht Re ~
that the ' i ur '"" '" s ^ and not the Executor ; becaufe it was by Reafon of his proper
Makers of Fee according to the Statute of \Y r eftminfter 2 cap. 35. and after the De-
this Act fend ant dud, and then the Heir brought Refummons againft the Executors
kamed°in ^ tb * Defendant; Quod Nota. Br. Refummons, pi. 18. cites 24 E.
thcLawI 3- 4 8 -
becaufe the Refummons is given to the Heir, where by Law the Heir cannot have the Wardfhip, being
but a Chattel, the Makers of the Law knew that as well as the Objector ; for it is laid in 9 Ed. 2. that
they were fage Gents that were at tl :
Common Law, the Makers of
time propriifeodi 5 for there the
Heir more than the Wardfhip, hac vice, could concern the'Executors; and as if the Defendant mate
his Teftament", and devifes iheWardXo another, yet the Refummons pall be awarded by the next fubfe-
quent Claule of this Act againft the Executors, altho they have nothing in tie Ward, and for their Infufti-
ciency againft the Heir, who cannot claim, the Ward being but a Chattel ; ]'o in Novo cafu providebmt
novum Remedium ; and in one Cafe charged the Heir of the Defendant, whom the Law could not
charge, and iu another gave Remedy to another Heir upon a good Reafon, v, ho by Law had none. 2
Inft. 441. cap. ; 5.
If the Plaintiff in the Writ of Ward dies, and a Refummons is fued by the Heir, if the Defendant dies
the Heir fhall have a Refummons againft the Executors of the Defendant; for the Words of the Branch
of the Statute be, Inter querentem, vel ejus Hsredem ieu Executores, 6c Execu tores Defendentis &c
z Inft 441. cap. 3 j.
z Inft. 441. 3. In Precipe quod reddat, Conufance of the Plea was granted, and the