woman shall lose her name of dignity by marriage ib Notice ib Notice of resignation shall be given by the Ordinary ib Office de Vant. 215 Where the King shall not seise without Office ib Tenant for life the reversion to the King dies ib Full age shal be expressed when 216 Office ought to be certain ib Office findes dying seised but tenuram ignorant ib Where an Office intitles the K. to the Seigniory and Tenancie ib Servitia ignorant ib Melius inquirend ib Foundation not observed 217 Land which is a chattel shall be by office ib Where the King shall seise without office where econtra ib Fees granted to him who after is made Justice ib Steward and after made Justice ib The same man made Bailey and Steward ib Justice of the Forrest and keeper of the Forrest ib Parson created a Bishop 〈◊〉 Forfeiture of office iâ— Steward of a Forrest and Justice ib Authority of the Justice of Forrest 219 Sheriff and Escheater ib Obligation ib A man bound to B. ad usum â— who releases and good ib Oyer of Records c. See Tit. ib Monstrans de Faits ib Oyer and Terminer ib Commission of Oyer and Terminer ib Kings Bench alwaies Justices of Oyer Terminer 220 PAIN Pain for striking a man in the presence of the King ib Panel 221 Part of Aliens and part of Denizens ib Tales Error ib Parliament ib The King shall hold of no man ib What words in acts will revive Seigniories extinct before what not 222 Office for the King ib Remitter shall not be where land is assured by parliament in case of a common person nor in case of the King 223 Lease or charge by Tenant in tail ib Of relation of an act of parliament diversity 218 Pleading of a stat 224 Amendment of the count of the King in another term Contrary of a common person ib Elect new Burgesses ib Parnour taker of the profits ib Recovery against parnour of the profits who is in ward of thâ— King 225 Travers by Feoffees in use ib Pernour ib Patents ib Licence of the K. not pâ—rsued ib K. grants by general words ib Tail extinct by surrender of the Letters Patents â—26 Formedon without shewing the Patent ib Assurance ib Constat Surrender 217 Patentee leases or gives after surrenders his Patent ib Constat Quaere 228 Bailywick or Sheriffwick granted absque compot ib Tol. Fair. Market ib Assise of fresh-force ib Borough English c. ib Diversity betwixt false suggestion and false consideration Quoere 229 Of what Lease recital shall be in the Kings patent of what not ib Recital in a Patent 230 King shall take notice ib Constat inspeximus diversity ib Peace ib Breach of the peace ib Peremptory 231 The first Nihil in a Scire Facias per emptory ib Petition ib Where a man shal have Petition where Travers ib Petition and Travers 233 Pledgee ib Gage delivered for debt ib Distress it as a Gage ib Pleadings ib Averment of his Title ib Recovery by default and action tryed diversiry ib Non tenure no plea in wast Entry to avoid a warranty Seisin during the coverture in Dower ib Averre the like of tenant for life or in Taile ib Where a man shall shew the commencem ent of a use where not 234 Fee Simple Fee Taile ib Plenartie ib Where Plenarty is no plea ib Mortmain Parson inpersonee ib Premunire 235 Where a Prohibition lies and where Premunire ib Premunire lies for a thing which never appertained to the spiritual Court ib Preregative ib Priority and Posteriority ib Land in use 236 Where the King may waive issue where not ib Gift of goods by the King ib Precipe quod redd for the King Escheat 237 Information ib Myne Quere Prescription 238 Custome shal serve where a prescription will not serve ib Presentation ib Two grants de prox presentatione ib Grant de prox presentatione ib The King shall present to anothers benefit by his prerogative for that the ineumbent is made a Bishop 239 Priviledge ib Priviledg shal dismiss the Plaintiff Bill of Middlesex ib Procedendo 240 Where Sureties in London shal remain after the action removed and econtra ib Proclamation ib Pena for making Proclamation without authority Prohibition 241 Surmise to obtain a prohition ib Admiralty ib Property 242 Alien inhabiting before and coming after war proclaimed diversity ib Quare Impedit 243 Presentment of the one Joynt-tenant puts the other out of possession ib Quareâ— Impedit against the presentee of the King sole ib Executors shall not have a writ by Journies by the death of the Testator Diversity 244 Writ and count special ib Writ to the Bishop ib Que estate Whose estate c. 245 Que estate pleaded by the recoveror or disseisor ib Que estate to a mean ib Que tstate of a particular Estate ibid Quinzisme 246 Burrough and Upland ib Tenth and fifteen who payes them and whereof levied ib Quo minus 247 Wager of Law lies not in a Quo minus ib Rationabili paerte c. ib Rationabilisi parte is by the Common law ib Recognisance ib Cognisee purchases and cognisor repurchases ib Recognisance to be recorded by Justices out of term Place ib The King cannot take a Recognisance ib Who may take a Recognisance ib Constable ib Record 249 Exemplification sub quo sigillo ib Court baron Court of Record diversity Where the Record it self shal be removed by writ of error Mittimus Recovery in value 250 This assurance was made by the adviceâ— of Brudnel and others Justices ib Recovery in value to binde the tail ib Recovery to binde him reversion by aid prayer and voucher ib Ancient demesne ib Quere ib Warranty ib Recovery in value shal not go to him in reversion 251 Assurance for to binde the tail Vouch 252 Recovery to binde him in remainder ib Diversity where the remainder onely is warranted and where the estate for life 253 Formedon ib Recovery to binde him in rem c. ibid Joynder in aid ib Relation 254 Relation of forfeiture by act of Parliament ib Relation of forfeiture of felony by verdict and by outlawry diversity ib Releases 255 Release no continuance ib Release of all demands barrs entry and seisure ib Relief see Tit. Debt 256 Remainder see Tit. Discent Remitter The Statute of uses 27. H. 8. doth not make remitter ib Diversity ib Title of entry doth not make â—remitter contary of a right of entry ib quere 257 Repleder Jury discharged by Jeofail ib Rescous see Tit Distress Reservations 258 Soil excepted by excepting of the wood ib Restitution Restitution by Parliament ib Restore al primer action Restored to the first action Remitter to the first action è contra ib Where an action shall be restored after a feoffment where not ib Retorn de avers Return of beasts 259 Discontinuance or nonsuit in second deliverance ib Revivings see Tit. Extinguishment Rit Rout unlawfull assembly
made Justice Et per plures where a man is a Baily of a Mannor by patent and after is made Steward of the same Mannor by another patent both patents are good For the Suitors are Judges and not the Baily But per plures if a man be a Forrester by patent and after is made Justice of the same Forrest the first patent is void As where a Parson is made a Bishop the Parsonage is void for he cannot be ordinary of himself nor punish himself And B accords that a man cannot be Keeper of a Forrest and Justice of the Forrest for the killing of the Deer by the Keeper and the like is a forfeiture of his office which shall be adjudged by the Justices of the Forrest and he cannot judge him â— self But a man may be a Steward of a Forrest by patent and Justice of the same Forrest by another patent and both good for both are judicial And Justices of the Forrest may make a Steward of the Forrest 29. H. 8. B. Officer 47. Note that the Sheriff and Escheator void their office by demise of the King for they are made by patents which are as a commission is and therefore t is used at the demise of the King for to sue out new patents as 't was this year 1. M. 1. B. Officer 25. the end Obligation If A. be bound to B in 40. usumâ— S. there I. S. may release the obligation because that ad usum is expressed in the obligation Et econtra if this did not appear in the obligation 36. H. 8. B. Obligation 72. Oyer of Records c. see Tit. Monstrans de faits Oyer Terminer T is said that if a Commission of Oâ—er and Terminer expire or discontinue â—hen the indictments and record shall â—e sent into the Kings Bench and there they shall be finished see how Tit. Corone 38. H. B. Oyer Terminer 1. the end T was granted in the case of Ben Smith upon the Statute of 2. E 6. cap 24. of Felony in one County and accessary in another County that the Justices of the Kings Bench are Justices of Oyer and Terminer of Felony Treasons and the like by the Common Law and Custom of the Realm 3. M. 1. B. Oyer Terminer 8. Pain T Was adjudged in Curia hospitii Domini Regis apud Greenwich versus Edmundum Knivet militem that he should be disinherited imprisoned for ever and his hands cut off quia percussit quendam hominem ibidem the King being there in his Court 33. H. 8. B. Pain 16. the end Panell T was agreed in the Exchequer where 〈◊〉 jury is awarded de medietate lingue where an alien is party and the panel â—eturned that the one of the denizens and the other of aliens shall be sworn till they have 6 denizens and 6 aliens sworn The same Law there where the jury remains for default of jurors there a Tail shall be part of English and part of aliens and this if the party prayes it But if he doth not pray it B. seems t is error except by the Statute of Jeofails it be holpen 32. H. 8. and so by him where the panel is party the party is not compellable to take the jury except 6 of the one and 6 of the other are sworn 4. E. 6. B. Panel 2. the end Parliament If the King be intitled to the land of I. S. by forfeiture of Treason or Felony by act of Parliament or office by this all tenures are determined as well of the King as of all others And there if this land after be given to another by another Act of Parliament saving to all others all their Rights Interests Titles Rent-service and the like as if no such Act had been there the Seigniories and the like shall not be revived for no Seigniorie was in esse at the time of the second Act made And here are not words of Gift nor Reviving but words of Saving which serves not but to save that which in esse at the time of the Saving c. But such Proviso in the first Act would serve for this comes with the Act which Intitles the King And where the King is Intitled to Land by Office for Escheat and after t is enacted by Parliament that the King shall enjoy it saving to all others their Seigniories and the like there such Saving will not serve for the reason aforesaid for all was extinct before by the Office and nothing was in esse at the time of the Saving which was in ure between the King and Keckwich in the County of Essex where R. lost his Seigniory But there ought to be words affirmative that the Lords shall have their Seigniories 27. H. 8. B. Parliament 77. Note by Englefield Justice in the Case between Button and Savage that where a man hath Title to Land by a Tail and after the same Land is given to him by Parliament that his Heirs shall not be remitted for by the Act of Parliament all other Titles are excluded for ever for this is a Judgement of the Parliament And where the Land is giâ—en expresly to any person by name by Act of Parliament he nor his Heirs shall not have other Estate then is giâ—en by the Act but that that onely â—hall stand B. Parliament 73. Remitter â—9 the end And the same Law where â—he King had Title in Tail and the â—and is given to him by Parliament in â—ee the Tail is determined So that â—â—e Heir shall not avoid Leases made 〈◊〉 his Father nor Charges and the 〈◊〉 for the last Statute bindes all forâ—er Titles and Estates not excepted â—9 H. 8. B. Parliament 73. If divers Sessions are in one and the 〈…〉 Parliament and the signes not a 〈◊〉 till at last there all is but one and 〈◊〉 same day and all shall have relatiâ—â— to the first day of the first Sessions 〈◊〉 the first day and the last all is but 〈◊〉 and the same Parliament and one 〈◊〉 the same day in Law except special â—â—ntion be made in the Act when it â—ll take force But every Sessions in which the King signes the Bills is a daâ— by it self and a Parliament by it self and shall not have other relation but to the same Sessions 33. H. 8. B. Parliaâ—ment 86. Relation 35. Note if a man in an Action or pleading alledges a Statute and mis-recite it in matter or in year day or place the other may demurr generally foâ— there is no such Statute and then therâ— is no such Law for every one that medâ—dles with it ought to shew the Laâ— truely But in case of the King it maâ— be amended and this in another Term Contrary for a common person 33. H 8. B. Parliament 87. Memorandum that at the Parliâ—â—ment holden by adjournment H. thâ— year t was admitted by the Kings 〈◊〉 and so accepted that if one Burgess 〈◊〉 made Major of a Town which hath
barre the demandant by which the demandant recovers and the tenant over in value that this land recovered in value shall not go to me in reversion after the death of the tenant for life nor the reversion of the land recovered in value shall not be in me in the life of tenant for life and so 't is holden at this day 25. H. 8. B. Recovery in value 33. Note by some where a writ of entry in the Post is brought against a husband and wife where the wifis tenant in taile and they vouch overe and so the demandant recovers against the husband and wife and they over in value if the wife tenant in taile dyes and the husband survives this shall not bind the issue in taile for the recompence shall go to the survivor and then it shall not bind the issue in taile Yet B. seems that this opinion is not law for the recompence shall go as the first land which was recovered should go And voucher by husband and wife shall be intended for the interest of the wife 25. H. 8. B. Recovery in value 27. the end Tenant for life the remainder over or tenant in taile the remainder over is impleaded by a writ of entry in the Post and he vouches a stranger the demandant recovers against the tenant and the tenant over in value this shall bind him in remainder by Monntague Just. and others for the recompence shall go to him in remainder But yet in the case of the Lord Zouch and Stowell in the Chancery the law was determined otherwise by all the Justices B. seems the reason because that when he vouches a stranger the recompence shall not go to him in remainder contrary if he vouches the donor or his heir who is privy But after this day many put inâ—ure to bind the remainder 27. H. 8. B. Recovery in value 28. Recovery against Feoffees seised to use in tailes See Tit Feoffements to uses 'T is held that where tenant for life is the remainder over in tail or for life and the tenant for life is impleaded and vouches him in remainder who vouches over one who hath title of Formedon and so the recovery passes by voucher there the issue of him who hath title of Formedon may bring his Formedon and recover against the tenant for life for the recompence supposed shall not go to the tenant for life and therefore he may recover for his ancestor warranted but the remainder and not the estate for terme of life and therefore the tenant for life cannot bind him by the recovery for he did not warrant to him And therefore in such case the sure way is to make the tenant for life to pray in aide of him in remainder and they to joyn and vouch him who hath title of Formedon and so to passe the recovery for there the recompence shall go to both 30. H. 8. B. Recovery in value 30. 'T was agreed that if tenant in taile the reversion to the King suffers a recovery this shall bind him and his issue but not the King by the common law See now the Statute of thereof that it shall not bind the issue 33. H. 8. B. Recovery in value 31. Taile 41. the end Relation Where an office found for the King shall relate where not See Tit. Intrusion Of the Relation of an Act of Parliament See Tit. Parliament Note that the attainder of Treason by Act of Parliament shall not have elder relation then to the first day of the Parliament except it be by speciall words that he shall forfeit his lands that he had such a day and after 35. H. 8. B. Relation 43. 'T is held for good Law that by attainder of felony by verdict a man shall forfeit all his lands that he had the day of his felony done or ever after for this shall have relation to the Act contra upon an attainder by out lawry For B. seems there that he shall not forfeit but those which he had the time of the outlawry pronounced or after for outlawry hath not relation as a verdict hath Time H. 8. B. Relation 42. the end Relation of an Inrolment See Tit. Faitz inrol Releases Husband and wife purchase in fee and after they lease for years by Indenture and after the husband releases to the lessee and his heirs this is no discontinuance and yet this gives a freehold to the lessee during the life of the husband Per plures without doubt 29. H. 8. B. Releases 81. G. Chancery was possessed of an Indenture and lost it and I. S. found it to whom the said G. C. released all actions and demands and after the said I. S. gave the same Indentrue to John Tison and after the said G. C. brought in action of detinue against the said I. T. who pleaded that the said I. S. found the Indenture and that the said G. C. released to the said I. S. all actions and demandes and after the said I. S. gave the said Indenture to the said I. T. Judgment if action And t' was agreed in the common Bench the case being of land demanded ibidem that this is a good barre and that the release of all demandes shall exclude the party of seisure of the thing and of his entry into the land and of the property of the chattell which he had before And it was moved in the Kings bench and they were of the same opinion and said that the reason is because that entry in land and seisure of goods are demandes in Law 34. H. 8. B. Releases 90. Relief See Tit. Debt Remainder See Tit. Discent Remitter No Remitter against an Act of Parliament See Tit. Parliament Note a Per curiam if Tenant in Taile makes a Feoffement to his use in Fee before the statute of uses made 27. H. 8. and dyes before the said Statâ—te his heir within age and after the Statute is made before the full age of the heir by which the heir is in possession by the Statute he shall not be remitted by it Contrary of a discent after the Satute for this shall be a remitter 34. H. 8. B. Remitter 49 If a man hath a Tittle of entry and not a right of entry as by escheat mortâ—maine assent by a woman to a ravishoâ—â— and the like and takes an estate of thâ— terretenant he shall not be remited for he hath but a Tittle And a maâ— cannot be remitted but in respect oâ— a right before as where a man is diâ—seised and takes an estate of the disseisor he is remitted for he had a right of entry before And the same Law where a man decaies his Tenements or converts Land from tillage into pasture against the Statute and makes an estate for life to his Lord he shall have no other estate for he had but a Title of entry and not a right of entry Quaere for Non adjudicatur 34. H. 8. B.
the arrearages for they are reall and parcell of the rent or annuity But if the Judgment be of arrearages and dammages there he shall have his age B. age 50. And where he recovers in a Writ of annuity or assise as before Or hath avowed for a Rent which is Freehold and recovers the arrearages without costs and damages he shall not have an action of Debt of that but a Scire facias for t is real But where he hath Judgement of it with costs and dammages which go together so that that t is mixt with the personality then lies a Writ of Debt against the Heir of the arrearages and dammages and this B. thinks in default of Execution per curiam 23. H. 8. B. Debt 212. age 50. Note That of the Land of the Duchy of Lancaster and other Lands which the King hath as Duke or the like his age is material and he may have his age as another common person may for he hath them as Duke not as King B. Age 52. 78. As if the King alien Land parcel of his Dutchy of Lancaster within age there he may avoid it for Non-age for the reason aforesaid otherwise of Land which he hath as King for the King cannot be disabled by Non-age as a common person shall B. Prerogative 132. Yet by the Statute of 1. E. 4. which is a private act not printed but inrolled in the Dutchy Chamber by which King H. 6. was attainted of Treason and that all the Lands of the said Dutchy should be forfeited and should be a Dutchy separated and incorporated c. t is annexed to the Crown but by another private act 1. H. 7. t is disannexed and made as in the time of H. 4. 1. E. 6. B. Age. 52. Note t was in a manner granted by all the Justices in the Common Bench That if a Parson Prebend or the like be within age of 21 years and makes a Lease of his Benefice within age that yet this shall binde him for where he is admitted by the Law of holy Church to take it within age so the Common Law inables him to Demise his Benefice within age 4. Mar. 1. B. Age. 80. Alienations If the Tenant of the King alien in Fee without licence and die his Heir within age the King shall not have the Ward because that nothing is discended to him and that the Alienation is good save the Trespass to the King which is but a Fine by Seiser B. Alienations 29. Gard 85. But otherwise if the Alienor were Tenant in Tail and if the Alienation without licence be found by office the King shall have the Issues of the Land from the time of the Inquisition taken and not before B. Alienations 26. in medio But where the Tenant dies and his Heir enters upon an office found for the King of the dying seised of the Ancestor there the heir shall answer the profits taken by him before 26. H. 8. B. Intrusion 18. the end T is said for Law That a fine for alienation is one years value of the land aliened and the same Law of a Fine for intrusion upon the King But the Fine to have licence to alien is but the third part of the yearly value of the land which shall be aliened and for licence to alien in Mortmain the Fine is the value of the Land for three years 31. H. 8. B. Alienations 29. the end If a man obtain licence to alien the Mannor of D. and all his Lands Tenements in D. he cannot alien by Fine for the Fine shall be certain so many acres of Land so many of Meddow so many of Pasture and the like and the alienation ought not to vary from the Licence Yet by B. t is otherwise used with an averment that all is one 32. H. 8. B. Alienations 30. Note if there be two Joynt-tenants who hold of the King in Capite and one releases to the other all his right this is no alienetion nor doth he need Licence or pardon of it for he to whom the Release is made is in by the first feoffor and not by him that Released nor shall he Fine for such release and so t is used in the Chequer that t is no alienation But if three Joynt tenants are and the one Releases to one of the others there he is in of it by him that releases Contra if he had released to all his compagnions and where a man Releases by Fine to the Tenant of the King this is no alienation Otherwise of a Fine Sur Conusans de droit Com ceo c. for this is an estate made by Conclusion 37. H. 8. B. Alienations 31. Tenant of the King in Capite cannot alien for term of life without Licence for it alters the Freehold Time H. 8. B. alienations 22. the end Note That for Burgage Tenure of the King a man may alien without licence well enough 6. E. 6. B. Alienations 36. Note That a Devise by Testament was taken to be an alienation 3. Mar. 1. B. alienations 37. Alien See Tit. Denizen Note by the whole Court in the Kings Bench an alien may bring an action personal and shall be answered without being disabled because he is an alien born otherwise in an action real and the same B. seems in an action mixt and he may have a property and buy and sell. 38. H. 8. B. Denizen 10. Nonability 40. T was said in the Kings Bench That to say that the Plaintiff is an alien born Judgement if he shall be answered is no plea in an action personal otherwise in an action real Yet this hath been in question after this time in the same Court and t was said that an alien born is no plea in Trespass if he doth not say further That the Plaintiff is of allegiance of one such a one enemy to the King for t is no plea in an action personal against an alien that he is of the allegiance of such a Prince which is of amity with the King 1. E. 6. B. Nonability 62. If an alien born purchase the King shall have it but the purchase ought to be found by office and so t was in the case of Alien King and B. seems that an information in the Chequer will not serve in this case Time E. 6. B. Denizen 17. the end T was said in Parliament That if an alien born obtain a Lease for years that the King shall have it for he cannot have Land in this Realm of no estate 4. Mar. 1. B. Denizen 22. Amendment By Fitzherbert and the Court where a Writ of Error was sued to remove a Record out of the Common Bench into the Kings Bench betwixt an Abbot and I. N. the Warrant of Attorney varied in the Roll in the name of the Abbot and t was amended after Judgement and if they had not amended it they said that those of the
of the Countrey by Cerciorari to the Chancery and may be sent to the Justices of the Kings Bench by Mittimus and then they shall proceed upon it 36. H. 8. B. Certiorari 20. the end Certificate of the Bishop 'T was holden that if the Bishop certifies that such a person paid not his Tenths according to the form of the Statute which wills That ipso facto the Benefice shall be void that in this case a man shall not have an averment contrary to the certificate Time H. 8. B. Certificate devesque 31. the end Challenge Note by the Exchequer and both Benches where the parties are at issue in a plea of land where the land lies in three or four hundreds there if the Juror hath land in any of the hundreds or dwells in any of the hundreds it suffices 4. M. 1. b. Challenge 216. In Treason t is a good challenge to witnesses to say that he was one of his accusers b. Corone 219. And note that by the Statute of 33. H. 8. a peremptory challenge is ousted in case of high Treason yet by the said Statute Queen Mary t is enacted That all tryals of Treason shall be according to the order of the Common Law and not otherwise And therefore it seems that he may have a challenge peremptory as at Common Law S. 35. Jurors 4. M. 1. B. Challenge 217. Trials 151. the end Where a Grant of the Bishop or charge by him with the assent of the Dean and Chapter shall binde the successor and where not See Tit. Confirmation Charters of Pardon Note if a man be attained of murther or Felony by Outlawry or otherwise and the King pardons him all Felonies Murthers and Executions eorundem and Outlawries and Waivings and Sectam pacis And a pardon and release of all Forfeitures of Lands and Tenements and of Goods and Chattels shall serve but for the life and for the land if no Office be thereof found But it shall not serve for the goods without restitution or gift For the King is intitled to them by the Outlawry without Office but the King is not intituled to the Land till Office found And if an Office be found after yet the pardon shall serve for it shall have relation to the judgement then the mean pardon serves well contrary where an Office is found before the pardon granted for then the King is seised by the Office and there a release or pardon cannot give it but there ought to be a Gift or Grant 29. H. 8. B. Charters of Pardon 52. Note if alienation without licence be pardoned by Act of Parliament the party may enter without Ouster l'main or amoveas manum Otherwise by another pardon by letters Pattents 29. H. 8. B. Charters of Pardon 53. If intrusion by the heir post mortem antecessoris be found by Office and after the King pardons it by act of Parliament or by letters Pattents yet the heir shall sue Livery for this is not restored to him by a pardon but if the pardon were granted before Office found and at the making of the pardon the heir is of full age he shall retain the land and the Office found after the pardon shall not hurt him 30. H. 8. B. Charters of Pardon 54. Chattels If Lessee for years devise his Term or other his Chattel or Goods by Testament to one for term of his life the Remainder over to another and dies and the Devisee enters and aliens not the Term nor gives or sels the Chattel and dies there he in Remainder shall have it but if the first Devisee had aliened given or sold it there he in the Remainder had been without remedie for it B. Chattels 23. Done 57. And so B. seems if they be forfeit in his life he in remainder hath no remedy 33. H. 8. B Done 57. the end Choice in Action Thing in Action Note where the Statute of 31. H. 8. gives to the King the possessions of Abbies and all rights of Entries Actions Conditions and the like which the Abbies might have had and that he shall be in possession without office and that he shall be adjudged in actual and real possession of them in such plight and sort as they were at the time of making of the Statute Yet if an Abbot were disseised of 4 acres of land the King cannot grant it over before entry made by him in it because t is a thing in action real and not like to a thing in action personal or mixt as debt ward and the like by some And some è contra by reason of these words That the King shall be in possession Yet by B. this seems that he shall be in such possession as the Abbot was S. of a thing of which the Abbot had possession the King hath of this actual possession of such of which the Abbot had but a cause of entry or right in action of these the King shall be vested of a Title of entry and Title of action But the thing to which he hath such cause of entry or of action is not for this in him in possession and therefore cannot pass from the King by general words but B. seems if the King recites the diseisen and how the right and action thereof is given to him by the Statute and grants it specially that t is good 33. H. 8. B. Choice in Action 14. 'T was said for Law That the King may grant a thing in action which is personal as debt and dammages and the like or a thing mixt as the ward of body but not a thing real as an action of land and the like as Rights Entries Actions and the like which Abbots might have And that the King shall have these by the Statute of dissolution of Abbies 31. H. 8. These things in action the King cannot grant Yet by B. see if there be not words in this Statute to put the King in possession though the Abbot were put to his action 33. H. 8. B. Pattents 98. Clergy No man shall have his Clergy but where his life is in jeopardie and therefore not in petty larceny And the Bishop is Ordinary all Priests Abbots and others inferior to him which demand Clergy or have Clergy and if the Bishop hath his Clergy the Metropolitan shall keep him as his Ordinary and if the Metropolitan offend and hath his Clergy the King shall have him and keep him the same is of Laps Reading B. Clergy 19. Corone 183. Note That at this day Bigamus shall have his Clergy by the Statute but a man attainted of Heresie shall not otherwise of a man excommunicated and a Jew nor Turk shall not have their Clergy and a Greek and Roman who use not our letters shall have their Clergy and shall stay till a book of letters of their countrey comes B. Clergie 20. And if a man who is captus oculis prayes his Clergy he shall have it if he
and cannot finde the other by the day this shall not binde the others to whom t was not delivered And the reason B. seems because that in this case they might have made 3 parties and have delivered to every party one 37. H. 8. B. conditions 46. the end T is said by the Court in the Kings Bench in Debt upon an obligation to keep without dammage S. harmless where the Defend pleads that he hath saved him harmless t is no plea without shewing how for he which pleads a discharge or saving harmless ought to plead it certain when he pleads in the affirmative Otherwise where he pleads in the negative for if the Plaintiff be not dempnified he may plead quod non damnificatus est generally 37. H. 8. B. conditions 16. 198. in finibus If a man be bound in an Obligation to pay 10 l. to the obligee at Paris beyond Sea at a certain day if the Obligor pay at another place and the same day in England and the other accepts it t is good clearly B. conditions 206. And t is said in debt upon an obligation to acquit save without damage quod non damnificatus est is a good plea for t is in the negative and therefore good without shewing how but where he pleads that he hath kept him without dammage in the affirmative he shall shew how 38. H. 8. B. Conditions 93. the end If a man let land for term of life upon condition that if he doth not go to Rome by such a day that his estate shall be void and the lessor grants the reversion over the Tenant attorns and after he doth not go yet t is not void till entire by Bromley chief Justice 2. M. 1. B. Conditions 245. the end Confess and avoid Replevin the defendant said that B. was seised in fee and leased to E. for 40 years which E. granted his interest to the defendant 38. H. 8. by which he was possessed and distrained for damage feasant the plaintiff said that the same E. 28. H. 8. granted his interest to him he shall not traverse the Grant 38. for hee hath confessed and avoided it by the eldest grant obtained 2. E. 6. B. Confess and avoid 65. Confirmation Bishop charges or grants an office with the assent of the Deane and Chapter and dyes this is worth nothing by some for it ought to be confirmed by the Dean and Chapter And this fell out in the grant of the Stewardship of the Bishop of London betwixt Aldred Fitzjames and John Edmunds of the middle Temple where the Bishop granted the Stewardship of his lands to A. F. by the assent of the Dean and Chapter and died by which the grantee lost the office as t is said because the Dean and Chapter had not confirmed it yet more was in the grant of the Bishop as Misnosmer and the like for the said A. F. was named Etheldredus where it should be Aldredus and so he was misnamed Also there was a default in the Seale B. Charge 58. Confirmation 30 And also the Deed was Quod sigillum nostrum apposuimus which may bee referred to the Bishop onely and not to the Bishop Dean and Chapter And therefore by more to this day the grant was avoided for these causes and not for the other cause and so a grant with assent of the Dean and Chapter with all perfections is good 33. H. 8. B. Confirmation 30. the end If the bishop be patron and the parson makes a lease or grant by deed there the Bishop patron and the ordinary and the dean and chapter ought to confirm if the grant or lease shall be sure otherwise where a lay man is patron in fee and he and the ordinary confirmes this suffices without the dean and chapter for in the first case the Bishop patron hath an interest in inheritance to the Bishoprick But in the other case he hath but a judicial power therefore it suffices that he who hath the power at the time c. confirmes for t is a judicial act But in the other case it bindes the inheritance which he hath in jure Ecclesiae which he cannot do against his successor without confirmation by the dean and chapter 33. H. 8. B. Confirmation 21 Charge 40. Leases 64. Patet hic that the patron ought to have a fee simple and this juri proprio because of the dean and chapter to be joyned with the Bishop where he is patron B. Charge 40. Note that if the King for him and his heires grants Catalla felonum fugitivorum or the like which lie in grant and dies the grantee needs no confirmation of the new King But if it be a fair or market or the like and t is abused or misused as it may be or if it be a judicial or ministerial office or power as to be a Justice of peace Escheator or the like there he ought to have a confirmation of the new King B. Confirmation 19. 29. yet B. seems that the grant of a thing which lies in grant is good clearly without these words for him and his heires But of warranty covenant Annuity or the like there he ought to make it for him and his heirs 33. H. 8. B. Confirmation 19. Conscience If a man buyès land and the vendor executes an estate to the vendee Habendum sibi imperpetuum without words of heires where the intent of the bargain is to pass a fee simple and the vender upon request refuses to make other assurance there lies a writ of Subpaena 32. H. 8. B. Conscience 25. Audely Chancellor of England held clearly that if a man sell his land before the Statute of Uses this shall change the use of the fee simple And the same Law of a sale by Indenture by the Statute of 27. H. 8. without words heires Time H. 8. B. Conscience 25. the end Continuances Note that in the common recoveries by sufferance for assurances the Tenant tenders issue the demandant may imparle to a day in the same terme and then the Tenant is demandant and retracts and judgement is given for the demand against him and after the Tenant over in value upon the vouchee c. Regulae 22. H. 7. B. Continuances 69. Contract A man sells a lease of land and certain cloath for 10 l. the contract is intire and if the one of these were by defeasible Title yet the vendor shall have the intire summe though the one part were devested from the vendee for contract cannot be severed 24. H. 8. B. Contract 35. If a man be indebted to me upon contract and after makes to me an obligation for the same debt the contract by this is determined for in debt upon the contract t is a good plea that he hath an obligation for the same debt So if the obligation be made for parcell of the contract which is intire 3. H. 4. 17. But if a stranger makes an obligation to
â—â—â—nviction without abjuration Otherâ—â—e if he will abjure for then he shall 〈◊〉 be burnt the first time but upon reâ—â—se he shall be burnt 2. M. 1. B. â—eresie Homage See Tit. Fealty Ideot BRent of the County of Sâ—â—merset who was presenâ—â—ed for an Ideot couâ—â— write Letters and Acquiâ—tances and the like anâ— therefore was adjudgeâ— an Unthrift but no Ideot Time E. Ideot 4. the end Imprisonment 'T was determined in Parliament thâ— Imprisonment almost in all cases is but retain the offender till he hath made Fine and therefore if he offers his Fiâ—â— he ought to be delivered presently 〈◊〉 the King cannot retain him in prison afâ—â—â— the Fine tendered 2 M. 1. B. Impâ—â—sonment 100 the end Incident Court-Baron is incident to a Manâ—â— and Court of Pipowders to a Fayr aâ— 't was sed arguendo that therefore Lord of the Mannor or Fayr cannot grâ—â— over the Court-Baron nor the Court Pipowders or if they grant the Mâ—â— â—â—or with the Fayr they cannot reserve â—â—ch Courts for they are incident c. 9 H. 8. B. Incidents 34. 'T was said that if a Seigniory rests in â—omage Fealty and Rent and a man â—â—covers the Rent by this is the Homage â—â—covered for a Precipe lies not of it â—ime H. 8. B. Incidents 24. the â—â—id Indictments An Indictment of Death ought to comâ—rehend the day of the stroke and day of 〈◊〉 death and the same Law of Poyâ—ning so that it may be known if he â—â—ed of the same stroke or not 24 H. 8. â— Indictments 41. By Fitz Just. a Justice of Record may 〈◊〉 indicted of taking of money and other â—â—ch falsity but not of that which goes in â—â—lsifying or defeating of the Record as 〈◊〉 say that he altered the Record from â—respass into Felony and the like which â—â—lsifies the Record Casus B. Indictâ—ent 50. the end Intrusion Tenant in Tayl of Lands holden of 〈◊〉 King aliens without license which found by Office the King shall have 〈◊〉 Issues of the Land à tempore inquisitiâ—â—nis capt and not before B. Alienatâ—ons 26. in medio But where the tâ—â—nant dies and hisâ— heir enters upon Offâ—â—â— found for the King of the dying seised the ancestor there the heir shall answâ—â— the profits taken by him before 26 H. B. Intrusion 18. the end Note where 't is found by Office thâ— I. N. tenant of the King was seized aâ— died seized and that W. his heir intrudeâ— and after by Act of Parliament the Kiâ—â— pardons all Intrusions in this case the eâ—try and the offence is pardoned but not 〈◊〉 issues and profits for the escheat or shâ—â— be charged of this by way of accouâ—â— whether he hath received them or not 〈◊〉 when the office is of Record he ought receive them except where 't is found the Office that such a man took the proâ—â— thereof But where the King pardoâ— where no Office is found the heir is â—â—â—charged as well of the issues and profâ—â— and also of Livery as of Intrusion by râ—â—son of the pardon for by this is pâ—â—doned And there though the Office comes after which findes the intrusion of the heir yet all is gone by the Pardon and this shall serve because all was pardoned before to which the King was intitled of Record 33 H. 8. B. Charters de pardon 71. Intrusion 21. Issues returns 22. Office shall have relation to the death of the ancestor as to Land descended to the heir of the Kings tenant and as to intrusion B. Relation 18. the end Otherwise as to alienation made by the Kings tenant without License this shall not relate before the finding of it B. Relation 18. Intrusion 19. And such entry by purchase is not called Intrusion but a Trespass and so are the words of the pardon thereof quod pardonamus transgression ' praedict c. 33. H. 8. B. Intrusion 19. Joyntenants If a Lease be made to three of Land at Common Law for term of life or for yeers habendum successivè yet this is a â—oynt estate and they shall hold in Joynture and successivè is void But where the custom of Copie-holds is that this word successive shall hold place this is good there by the custom 30 H. 8. B. Joyntenants 53. Leases 54. If a man infâ—offs two upon condition that they shall infeoff W. N. before Michael ' and the one dies the other sole makes the Feoffment this is good The same Law if two lease Land rendring rent and that if it bearrear by two months and lawfully demanded by the said Lessors that they may re-enter the one dies and the other that survives demands it and 't is not paid he may re-enter And the same Law if the Lease were made to two with words that if it be arrear and demanded of them two c. and the one dies and the Lessor demanded it of the other that survived and he doth not pay this is a good demand and the Lessor may re-enter 33 H. 8. B. Joyntenants 62. Journeys accounts Grantee of a next presentation brings a Q. impedit and dies after the six months past and his Executors bring another Q. impedit by Journeys accounts and by the Justices it will not lie See Tit. Q. impedit Judgement A man recovers by default against an â—â—fants and the Infant brings a Writ of â—â—rour and reverses it for his non-age â—therwise if he had appeared and lost 〈◊〉 plea or by voucher he shall not reâ—â—rse it for non-age B. 6 H. 8. Saver de fault 50. If I have Title by Formedon or cui vita and enter and the other recovers â—gainst me I am remitted to my first actiâ—â— But if a man recovers against me by â—â—lse Title by Action tried where I was by good Title I shall then have Error 〈◊〉 Attaint or a Writ of Right 23 H. 8. â— Judgement 111. Assise in Com. B. the tenant pleads in â—â—ar a recovery by Assise by him against 〈◊〉 Plaintiff of the same Tenements in â—om O. and this now Plaintiff then â—â—nant pleaded in Bar by release of the â—ncestor of the Plaintiff with Warranâ—â— which was void by non-age and â—his found for the Plaintiff by which he â—ecovered against this Plaintiff judgement si where he accepts the Land to be in the Country of O. now he shall be received to say that it lies in the County 〈◊〉 B. And 't was said in the Common Benchâ— that though this Land were then put 〈◊〉 vJew the Plaintiff shall not be bound 〈◊〉 the recovery for it cannot be intended one and the same Land 25 H. 8. â— Judgement 62. Assize of Land in N. the Defendanâ—â— said that once before he brought an assizâ— of the same Land in H. against the samâ— Plaintiff and these Lands put in vJew and this now Plaintiff then took the â—â—nancie and pleaded in Bar and said thâ— H. and N. are one and the same Ville an known by the one name and the
contra formam collationis And if he aliens sine assensu Decani Capituli then lies the Writ de inâ— gressu sine assensu Capituli 36 H. 8 B. Licenses 21. Lieu Place Place is not material in actions transitory See Tit. Attaint Where a Recognizance is acknowledged in London before a Justice of thâ— Common Bench and certified in bancoâ— and there ingrossed a Scire facias shalâ— be brought there directed to the Sherifâ— of London and not to the Sheriff oâ— Middlesex where the Bench is by all the Prothonotaries of the Common Bench. 4 M. 1. B. Lieu 85. Limitations Note that it seems cleer that the new Limitation and also the ancient Limitation extends to Copie-hold as well as to Free-hold for the Statute is that he shall not make prescription title nor claim c. And those who claim by Copie make prescription title and claim c. And also the plaints are in natura forma Brevis Domini Regis ad communem Legem c. And those Writs which now are brought at Common Law are ruled by the new Limitation and therefore the plaints of Copie-hold shall be of the same nature and form 6 E. 6. B. Limitations 2. Livery Note if the King hath a Ward because of Ward and the first Ward comes to full age and sues Livery the other Ward being within age there the Ward shall not sue Livery but ouster le maine for now the Seigniory of his Land is revived by the Livery so that he holds not of the King as afore but of his immediate Lord. But if the Ward because of Ward had been of full age before the first Ward he should sue Liveryâ— 25 H. 8. B. Livery 47. Where a woman out of Ward by Marriage shall sue Livery at fourteen yeers See Tit. Garde He which holds Land within the County Palatine of Lancaster of the King in Knight service ut de Ducato Lancastr shall sue Livery Contra of him who holds Land which lies out of the County Palatine of the King in Knight-service c. 28 H. 8. B. Livery 55. Note that general Livery cannot be but upon Office found but special Livery may be without Office and without probation of age but there he shall be bound to a rate and sum certain to be paid to the King B. Livery 56. And by B. ibidem 31. this cannot be claimed by the Common Law as general Livery may but is at the will of the King 28 H. 8. If the King purchases a Mannor of which I. S. held in Knight service the tenant shall hold as he held before and he shall not render Livery nor primer seisin for he holds not in Capite but holds ut de manerio And if his heir be in Ward by reason of that he shall have an ouster le maine at full age â—nd 't is said if the King after grant the â—annor to W. N. in fee excepting the â—â—rvices of I. S. now I. S. holds of the King â—sof the person of the King and yet he â—â—all not hold in Capite but shall hold 〈◊〉 he held before for the act of the King â—hall not prejudice the tenant But if the â—ing give Land to me in fee tenend miâ—i heredibus meis of the King c. â—nd expresses no certain services I shall â—old in Capite for 't is of the person of â—â—e King And note that tenure in Caâ—ite is of the person of the King 29 H. â— B. Livery 57. Tenures 61. Extent of livery is the value of the â—and by half a year But if he intrudes â—nd enters without livery he shall pay the â—early value by experience of the Exâ—hequer And where cestuy and use 〈◊〉 attainted of Treason and 't is enacted â—y Parliamen That he shall forfeit his â—and in possession and in use that â—here the King is but a purchaser and â—herefore those who hold of him that was â—ttainted shall not sue livery Quaere â—f it be enacted that he shall forfeit it â—o the King his heirs and successors Eâ—contra if he had been sole seised and â—ad been attainted by the Common Law â—or there the King hath the Land as King and there those who held â— shall sue livery And yet the Statute â— Si quis temerit de nobis de aliqua 〈◊〉 chaeta ut de honore Wallingford Boseâ— c. non faciet aliud servivum quaâ— fecit preantea And therefore this â— intended of a common escheat And aâ— so some Honours are in Capite as paâ— of Peverel and others 29 H. 8. â— Livery 58. The Kings tenant leases for years anâ— dies the heir shall sue livery notwithâ—standing the Lease indures And thâ— same where the Father declares his wiâ— of the Land for yeers and dies 30 H 8. B. Livery 59. If a man holds of the King before thâ— Statute of uses and infeoffs others 〈◊〉 his for term of life the rem ' over in taiâ— the rem ' to his right heirs and dies anâ— after the tenant in tail dies without issueâ— the heir of the Feoffer shall sue livery for the fee simple was never out of him and therefore it descends to his heir anâ— if he hath it by descent he shall sue livery And the same Law and for the samâ— reason if at this day a man gives in tailâ— the rem ' to his right heirs Otherwise B. 2. seems where a man makes a Feoffment in fee in possession and dismisses â—â—mself of all and retakes for term of 〈◊〉 the rem ' in tail the rem ' to his â—â—ght heirs and dies and after the teâ—ant in tail dies without issue there the â—â—eir who is right heir is a purchaser â—nd if the King seises he shall sue â—ister le main and shall not be comâ—elled to sue livery But if the tenant 〈◊〉 tail had dyed without issue in the life â—f tenant for life and after the tenant â—or life dies there his heir shall sue livery for the fee simple was vested in the tenant â—or life by extinguishment of the mean â—em ' and therefore the fee simple descends And note livery is that the King â—hall have the value of the land by half â— year And ouster le main is a Writ â—o ouste the King of the Land without aâ—y profit given to the King 32 H. 8. B. Livery 61. Where a man holds certain Land of the King in Soccage in Capite the King shall â—ot have liberty of more then the Soccage-Land 32 H. 8. B. Garde 97. He which holds of the King in Knight service and not in Capite shall not sue livery because he holds not in Capite and there when the heir comes to full age he shall have an ouster le main for none can enter upon the King But if he be of full age at the time of the death of his ancestor then he shall render relief to the
that Tail may be of a Copyhold and that a Formedon mayly of it in Discender by Protestation in nature of a Writ of Formedon in Discender at common Law and good by all the Justices for though that a Formedon in Discender was not given but by Statute yet now this Writ lies at common Law and it shall be intended that this hath been a custome there de tempore c. and the Demandant shall recover by advise of all the Justices 15 H 8. B Tenant per Copy 24. Where a Stuard or under-stuard may let by Copy e contra See Tit Court baron Note that if a man leases a Mannor for yeeres in which are Copy-holds and after a Copyholder dies the termer of the Mannor grants the land by Copy for three lives this is good for the custome through all England is that the Lord for the time being may demise by Copy c. and this notwithstanding that hee is but durante bene placit or at Will And 't is held that such Tenant of a Mannor cannot demise reserving lesse rent then the ancient rent but he ought to reserve the ancient rent or more quaere of that Tenant by sufferance see Tit Tenant at Will Tender 'T is said for Law that upon a Lease for yeers rendring rent with re-entry the Lessee ought to bee ready all the day and make attendance to offer it and it suffices for the Lessor to come any time of the day yet the entry is that the one and the other attended the intire day quaere inde 36 H 8. B Conditions 192. the end Entre Congeable 2. the end Note that 't was agreed in the Serjeants Case that where a man leases Land for yeeres rendring rent and for default of payment a re-entry it suffices for the Lessee to tender the rent upon the Land the last houre of the last day of the Moneth if the money may bee told in that time And so it sufficeth for the Lessor to demand it the same houre 4 M 1. B Tender 41. If a man Leases for yeeres rendring rent at Michaelmasse and other Covenants if hee bee bound in an obligation to pay the rent precisely there hee shall seeke the Lessor but if hee be bound to perform the Covenants c. The tender upon the land sufficeth for there the payment is of the nature of the Rent reserved Contrary in the first Case 6 E 6. B Tender 20. Tenures What shall bee a Tenure and what a Condition see Tit. Conditions What shall bee a Tenure in Capite of the King what not see Tit. Liverie A man makes a Feoffment of the moytie of his Land the Lessee shall hold of the Lord by the intyre services which the intire Land was holden before for the Statute of Quia emptores terrarum tenend pro particula holds not place here for a moytie is not particula the same Lawe of a third part and the like which goes by the halfe and the whole contrary of an acre or of two acres in certain And if a man holds two acres by a hauke and makes a Feoffment in Fee of one acre the Feoffee shall hold it by a hauke and the Feoffor shall hold the acre by another hauke 29 H 8. B Tenures 64. Restitution by Parliament revives a Seigniory or Tenure which was extinct by attainder of Treason by Parliament See Tit. Extinguishment See in the Exchequer 3 E 3. Ro 2. 't was found that a man held of the King in Knight service in capite ut de honore suo de Rayleghe and 't was taken no tenure in capite but a tenure of the honour and therefore his heir shall have ouster Omaine of his other Lands which should not be if it had been in capite for then the King shall have all in Ward by his Prerogative yet otherwise 't is if the Honour be annexed to the Crown for then the Honour is in capite And 11 H 7. the Honour of Rayleghe was annexed to the Crown therefore now 't is in capite And where the King gives Land to hold of him by fealty and 2 d. pro omnibus servitiis this is Socage in capite for 't is of the person of the King otherwise if it were to hold ut de manerio de R. 33. H 8. B Tenures 94. 'T is held that if a man made a Feoffment of land before the Stat of Quia emptores terrarum to hold of him and to make suit to his Court this is good if he hath a Court But a man cannot commence a Court by tenure made where he had not a Mannor before for there the services should be holden of his person B Tenures 34. And a man cannot make a Mannor at this day though that he gives Land in tayl to hold of him and by suit of his Court for he cannot make a Court for a Court cannot be but by continuance And so a Man may make a tenure but no Mannor nor Court for a Mannor and Court cannot be but by usage had de tempore cujus contrarium memoria hominum non existit Testament Testament by a Feme Covert of the assent of the husband See Tit Devise A man devises his Land to I S this shall be taken but for term of his life but if he saith paying a 100. l. to W N this shall be intended a Fee-simple and if he doth not pay it in his life yet if his Heir or Executor pay it that suffises Quaere of his Assignee 29 H 8. B Testament 18. If a man holds three severall Mannors of three severall Lords in Knight service and every of them of equall value he cannot make his will of two of the Mannors leaving the third Mannor to the Heir but of two parts of every Mannor for otherwise he shall prejudice the other two Lords 35 H 8. B Testament 19. Note by the Doctors of the Civill-Law and Serjeants of the Common-Law if a man makes his Testament and names no Executors this is no Testament but yet 't is a good Will of the Land in it for those are not Testamentary but in the first where Executors want yet the Legacies shall be paid But if it appears that he made part of the Testament and not the whole there the Legacies shall not be paid And where a man makes a Testament and Executors and they refuse yet the Legacies shall be paid for there is no default in the Testator and the Testament shall be annexed to Letters of Administration 37 H 8. B Testament 20. Note for Law by the Chancellor of England and Justices That if the Tenant who holds of the King in Knight service in capite gives all his Land to a Stranger by act executed in his life and dyes yet the King shall have the third part in Ward and shall have the Heir in Ward if he be within age And if of full age he shall have
primer sesin of the third part by vertue of that clause in the Stat Saving to the King Ward Primer sesin Livery and the like by which it appears that the intent of the act is that the King shall have as much as if the Tenant had made a will and had dyed seized yet by all after that the King is served of his duty of it the gift is good to the Donee against the Heir 2 E 6. B Testament 24. Note that 't was adjudged betwixt Vmpton and Hyde that the explanation of the Statute of Wills is not to take effect only from the time of the explanation but the first Stat which is explaned shall be so taken ab initio So that the Wills of Vmpton Gainesford and others which are excepted in the explanation shall be taken good by the Stat of 32 H 8. of Wills which was explaned 4 M 1. B Testament 26. Testmoignes Witnesses The age of Witnesses in an Aetate probanda is 42 years Lecture B Testmoignes 30. the end Titles Note that a man shall make a good title in an Assize to say that I N was seized in Fee to the use of T P which T P infeoffed the Plaintiff who was seized and disseized c. without shewing what person made the Feoffment to the use of T P or how the use commenced 36 H 8. B Titles 61. Travers of Office 'T is said for Law that none can traverse except he makes title to the same land in the premisses or close of his traverse 22 H 8. B Traverse d' Office 48. 'T was found that I S dyed seized by which W S his son comes and saith that the said I S in his life was seized in Fee and infeoffed A B in Fee to the use of the said I S and his Heirs and dyed and after by the Stat of uses 27 H 8. he was seized in possession without that that I S his father dyed seized pro ut c. and a good traverse And a Termor cannot traverse an Office by the Common-Law except it were found in the Office and then he might have a monstrans de droit and ouster L'main the King 29 H 8. B Travers d' Office 50. Where a man shall have a Petition where traverse See Tit Petition Where the King hath no other title but by false Office there the party who can make title may traverse as well against the King as against the party if the King had granted it over but now this is helpt by Stat 33 H 8. B Travers d' office 51. the end Where a Tenure is found of the King ut de Ducat suo Lancastrie which in truth is false yet this need not to be traversed for the King hath this Duchy as Duke not as King and a man shall not be put to traverse but where the Office is found for the King ut pro rege Angliae for then he hath a prerogative and as Duke none 1 E 6. B Travers d' Office 53. Non-suit or relinquishing of a traverse is peremptory contra of Non-suit in a Petition and the Judgement of traverse is no other sed quod manus domini Regis amoneantur et quod possessio restituatur to him that traversed Lecture B Travorse d' Office 54. Travers by c. What thing shall be traversable what not See Tit Issues joynes Action for making false clothes in Bartholomew-Fair contrary to the Stat The other saith that he made them well and truly at D in the County of F without that that he made them in Bartholomew-Fair in L pro ut c. and a good Plea 35 H 8. B Travers by c. 368. If in Assize the Tenant Pleads that his Father was seized in Fee and dyed by Protestation seized 'T is said that the Plaintiff may make title by a stranger without that that the father of the Tenant was seized in Fee c. 38 H 8. B Travers by c. 26. the end Information in the Chequer the Defendant Pleads a Plea and traverses a materiall point in the information upon which they are at issue there the King cannot waive this issue as he may in other cases where the King alone is party without an Informor ut supra by the Kings Attorney and â—thers learned in the Law 38 H 8. B Travers by c. 369. Tender not traversable in a Writ of â—ntrusion maritagio non satisfac for the single value See Tit Forfeiture of marriage Trespas The Defendant said that I N was seized in Fee and leased to him for twenty one years and gave colour the Plaintiff said that his father was seized and dyed seized c. and â—he entred and was seized untill the Trespas absque hoc quod dictus J N aliquid habuit tempore dimissionis and a bad traverse but he shall say without that that I N was seized in Fee modo forma pro ut c. in Communebanco 4 E 6. B Travers per 372. Assize The Tenant makes a barr by a Stranger and gives colour the Plaintiff makes title by the same person by which the Defendant made his barr s that I S was seized and gave in tayl to his father who infeoffed W N who infeoffed the Tenant upon whom A B entred and infeoffed the grandfather of the Plaintiff whose Heir he is in Fee who dyed seized and the Land discended to the Plaintiff so he was in in his Remitter until by the Defendant disseized And in truth A B never entred nor never infeoffed the Grandfather and yet 't was held cleerly that the Tenant in his barr to the title cannot traverse the Feoffment of A B but ought to traverse the dying seized of the grand-father of the Plaintiff which remitted him for this binds the entry of the Tenant and is the most notable thing in the title 4 E 6. B Travers per 154. Trespas The Defendant said that I was seized and infeoffed him and gave colour The Plaintiff may say that H was seized and leased to I at will who gave to the Defendant and R re-entered and infeoffed the Plaintiff he ought to say without that that I was seized in Fee modo forma pro ut c. Time E 6. B Travers per 217. the end Place not traversable See Tit Attaint Treason A Chaplaine had affixed an ancient seale to a Patent of non-residenee made by himselfe of the part of the King and was imprisoned in the Fleet for it And 't was holden misprision and no Treason by the Justices and he escaped and was not put to death for 't was said That because he did not counterfeit the Kings seale but tooke an ancient seale this is not Treason 37 H 8. B Treason 3. the end 5. Note that in January this yeere H Howard Earle of Surrey sonne and Heir apparent of Thomas Duke of Norfolke was attainted of high Treason for joyning the Armes
of England before the Conquest and other Armes after to his owne Armes and other pretences against the Prince and hee was tryed by Knights and Gentlemen and not by Lords nec per pares regni because that hee was not Earle by creation but by Nativity as Heir apparent of a Duke which is no dignity in Law for if hee had beene of dignitie by creation and Lord of Parliament he should be tryed by his Peeres 38 H 8. B. Treason 2. 'T was agreed that for misprision of Treason or if a man knowing counterfeit money and imports it out of Ireland into England and utters it in payment or the like a man shall lose his goods for ever and the profits of his Land for his life and shall be imprisoned for term of life 6 E 6. B Treason 19. the end Note that it appeares by divers Records and Presidents that these words compas or imagine the death of the King are large words for he that maliciously devises how the King shall come to death by words or otherwise and doth an act to explain it or the like this is Treason And hee who intends to deprive the King in this is intended the death of the King quaere of the depriving for by B a man may deprive and yet intend no death And for this cause a Statute was thereof made Time H 8. E 6. And the detayner of a Castle Fortresse or the like against the King is levying of warre against him all which words levying of warre and the others afore are in the Statute of 25 E 3. And adhering to the Enemies of the King ibm ayding and strengthening them 1 M 1 B Treason 24. 'T was agreed in Parliament that for misprision of Treason the Fine used to bee the forfeiture of all his goods and the profits of all his Land for his life and his body imprisoned ad voluntatem Regis for misprision is finable 2 M 1. B Treason 25. the end Note that if an alien borne of a Countrey which is in amity and peace with this Realme comes into the Realme with English Traytors and levies warre this is Treason in all contrary if the Country of the alien were in warre against England for then the alien may bee killed by Marshall Lawe 4 M 1. B Treason 32. Trespas Note that in the Register amongst the Writs of Trespas there are many Writs of Trespas quare vi armis equum suum apud D inventum cepit effugavit c. And so see that if they be taken in a Common or other land which is not to the owner of the beasts yet he shall have Trespas vi et armis but not quare clausum fregit 3 M 1. B Tenants 421. Tryall Peere of the Realme shall bee tryed by his Peeres if hee bee arraigned upon an Indictment contrary if he be arraigned upon an Appeale for at the suite of parties he shall not be tryed by his Peeres and so was Fines Lord Dacres of the South this yeere and hanged for Felony for the death of a man who was found in his company at a hunting in Sussex 33 H 8. B Jurors 48. the end Tryalls 142. Note that in a Court Baron the tryall is by wager of Law but they may bee by Jury ex assensu partium And the Maximes and generall Customes of the Realme which is the common-Law shall bee tryed by the Justices And the same Law of expositions of Statutes And by the Civill-Law the Judges have the construction of Statutes likewise But particular Customes shall not bee tried but per Patriam 33 H 8. B Trialls 143. Note that a Bishop is a Peere of the Realme and shall bee tryed per pares suos upon an arraignment of a Crime and so put in use therefore Knights shall be of the Jury and if not the Panel shall be quashed yet see 27 H. 8. that the Bishop of Rochester was not tryed by his Peers 2 M. 1. B. Trials 142. the end Variance Quare Impedit upon a grant de proximum presentatione granted to I N. Gentleman and in the writ brought by I. N. this word Gentleman is omitted and the Defend ' demanded Oyer of the Deed and had it and the variance no matter for the Action of quare Impedit is founded upon the disturbance and not upon the Deed as an action of Debt is founded upon the Obligation 2 E. 6. B. Variance 109. Verdict Note That the Court of Common Bench would not permit a Verdict at large in a writ of entry in nature of an assise because t was a Precipe quod reddat at which B. admires for it seemeth to him that upon every general issue a Verdict at large may be given 23 H. 8. B. Verdict 85. Special Verdict where the issue is upon an absque hoc See Tit. Issues Joynes Villeinage If a Villein comes to an Executor or to a Bishop Parson or the like in jure Ecclesiae and he purchases Land the executor enters he shall not have it jâ—re proprio but as Executor and it shall be Assets And if the Bishop or the Parson enters he shall not have it but in jure Eccesiae because that they had not the villein in jure proprio but in another right contrary if they had had the villein jure proprio 33. H. 8. B. Villeinage 46. The King shall not have the villein of another in ward and yet if there be an Ideot he shall have the villein of the other who is so Ideot Quaere And the King shall have the perquisite of a villein of another if he hath him as Ideot Lecture B. Villeinage 71. Voucher See B Tit. Voucher 84. Vsury Note that where a man for 100l sels his Land upon condition That if the Vendor or his heirs repaies the summ citra festum Pasche or the like tunc prox futur that then he may re-enter this is not usury for he may repay the day before or any time before Easter and therefore he hath not any gain certain to receive any profits of the Land and the same Law where a defeisance or Statute is made for the repayment citra tale festum E contra if the condition be that if the said vendor repays such a day a year or two years after this is usury for he is sure to have the Lands and the Rents or Profits this year or these two years And so where a Defeisance or Statute is made for the repayment ad tale festum which is a year or two after 29. H. 8. B. Vsury 1. If a man Mortgages his land upon defeasance of repayment to re-enter by which Indenture the Vendee Leases the same land to the Vendor for years rendring rent there if there be a conditition in the lease that if the Vendor repaies the summ before such a day that then the Lease shall be void this is not usury Otherwise if it be