perform the covenants of an Indenture the Defendant alledges them performed specially and one Covenant was that J S should pay to the Plaintiffe 10 l. and he said that he offered it to him and the Plaintiffe refused by Fitzh and Shelley he need not say yet ready 27 H. 8. fol. 1. Debt upon an obligation The Defendant saith that it is endorced upon condition that if the Prior of W. made an obligation to the Plaintiffe before such a day that then c. And saith that the Prior tendered that to the Plaintiffe and he refused it and shall nor say yet ready for it is a thing out of his power and to be made by a stranger 10 H 6. fol 17. If a man be bound in 20 l. and the condition is to pay 10 l. if the Defendant plead in debt upon the obligation that he tendred the 10 l. at the day and the Plaintiffe refused it yet he shall say yet ready But if the condition were that J. S should pay at the day to the Plaintiffe and the Plaintiffe refuse he shall not say yet ready 14 H. 6. fol 24. Debt upon an obligation of 10 l. the Defendant pleads that after by Indenture of defesance the Plaintiffe granted that if the Defendant paied unto him 20 s. such a day that then the obligation should be void and saith that he tendred to him the 20 s. at the day and he refused it and by Prisot he shall not say yet ready 33 H. 6. fol 2. Debt upon an obligation the condition to pay a lesse sum this lesse sum is parcell of the sum in the obligation and for that the Defendant shall say yet ready but otherwise it is where the condition is to stand to the award or other collatteral matter there the Defendant shall not say yet ready 20 Ed 4. fol 2. The Court Roll. THe Court Baron of W. T. Prebend of Islington Gentleman Farmer of R. F. Clark Prebend of the preben dary aforesaid there to be held the Tuesday that is the 6 day of May the year of the Reign of our Soveraign Lady Elizabeth by the grace of God Queen of England France and Ireland defender of the faith the â—oth L. H. by W. I. essoyned of Common Essoyne Homagers Jury J. H J. P T. G R. M R. H R. E T. L R. W R. B W. R T. W. First they say upon their Oath Default of the Freeholders W. A 4d J. H 4d and R. B 4d are Freeholders of this Mannour and owe suit to the Court and at this day have made default Therefore every of them in the mercy as it appears upon their heads Also they say upon this Oath Des Tenants by Copie of the Rolâ— that W. J. 2d and J. R. 2d are Tenants by the Copy of the Rolls of this Court and owe Suit to the Court and at this day made default therefore either of them in the mercy as it appears above upon their heads Also they present that W. J. which held of the Lord freely one house Death and 30 acres of Meddow and Pasture with the appurtenances within this Lordship by fealty suite of Court and by the yearly Rent of 6 d. dyed of such an estate so seized and that R. J. is son and next heir of the aforesaid W. J. and is of the Age of 10 years and came to Court the aforesaid W. J. and payeth to the Lord for releif â—â—d and made his fealty Also they say upon their Oath Alienation that G. B. which of the Lord held freely one Cottage one Orchard and 6 acres of mâ—ddow with the appurtenances by his deed indented bearing date the 6th day of January the year of the reign of the said Queen gave granted bargained and sold all and sing â—lar the premises aforesaid with their appurtenances to R. K. of c. to have and to hold all and singular the premises aforesaid with their appurtenances aforesaid to the said R. K. his heirs and Assignes of the chief Lords of the fee by the Rents Services and customes there first due and of right accustomed and the premises doth hold of the Lord of this Mannor by fealty Suite of Court by the yearly Rent of 12 d. And at this Conrt the said R. K. made to the Lord his fealty Also they say upon their Oath Legacie that W. A. which held of the Lord freely one house or tenement â— and 20 Acres of Land called H. by fealty suite of Court and by the yearly rent of 6 d. dyed thereof seised And by his last Will made in Writing bearing date the 28th of September the year of the Reign of the aforesaid Queen the 19th bequeathed the house or Tenement and the aforesaid 20 Acres of land to certain R. A. and T. A. his sons by the name of all his Lands Tenements and Hereditaments Scituate Lying and being in J. aforesaid to have and to hold the aforesaid messuage or tenement c. And the aforesaid 20 Acres of Land to the said R. A. and T. A. their Heirs and Assignes for ever to the poper use and behoof of R. and T. their Heirs and Assignes for ever Therefore it is commanded to the Bayliffe that he should distrain the aforesaid R. A. and T. A. according to the form of the Statute in that case provided to pay his Releif and likewise let them be distrained to make their fealty Surrender Also they say upon their Oath that R. R. customary tenant of this Mannor out of the Court surrendered into the hands of the Lord by the hands of W. T. and R. M. two customary tenants of this Mannor according to the custome of this Mannor All that messuage and 30 acres of meddow feeding and Pasture with the appurtenances late in the tenure or occupation of R. B. to the use and behoof of R. R. for tearm of his naturall life after the decease of the said R. R. then to the use and behoof of T. B. and the heirs of the body of the said T. lawfully begotten and for defect of such issue of the body of the said T. B. lawfully begotten the remainder thereof to J. J. the son of R. J. of J aforesaid Gentleman his heirs and assignes for ever and they say that the aforesaid R. dyed and now at this Court aforesaid T. B. came and requested to be admitted to all and singular the premises aforesaid and at this Court the Lord by J. K. his steward granted him seisin thereof by the rod to have and to hold to the said T. B. and the heirs of his body lawfully begotten and for defect of such issue the remainder to the use and behoof of the said J. J. and his heirs for ever and the aforesaid T. B. gave to the Lord a fine 4 pound and made to the Lord his fealty and is admitted tenant thereof To this Court it is witnessed by W. T. steward Surrender taken by the
she be of the age of 14 years there she shall be in ward but to the age of 14 yeares and then may sue Livery for the two years to make 16 years are not given but to tender marriage and for that she shall be out of ward at 14 years The husband seised in fee of Lands held in Knights service enfeoffs diverse at this day to the use of himselfe and his Wife and the heires of their two bodies begotten and for default of such Issue to the use of the right heires of the Husband and the Husband and the VVife have Issue within age and the Husband dyes though the VVife live and hath the Land the Issue shall be in VVard of the body as it is sayd The same Law where a man seised in Fee of Lands held by Knights service makes a gift in taile to J. S. the remainder to his right heires and dyes his Issue within age he shall be in ward of the body though Tenant in taile have the Land If a Reversion of an Estate for life or for yeares be in my Father and that discends to me I shall be in ward but otherwise it is of a Remainder but if a Remainder of an Estate for life be in my Father and that discends to me and after Tenant for life dyes I shall be in ward 11 H. 7. fol. 19. 33 H. 6. fol. 6. 8 Edw. 3. tit 23. and 33 Edw. 3. tit 8. By Choke If Infant be Tenant for life and the Reversion discends to him he shall not be in VVard 9 Ed. 4. fol. 19. Where an Estate is to an Husband and his VVife and to the heires of the body of the Husband the remainder to the right heires of the Husband the Husband hath Issue within age and dyes the VVife is Tenant to the Lord and for that the Issue shall not be in ward And if Lands be let to one for life the remainder to the right heires of J. S. the same J.S. dyes and Tenant for life dyes T. S. being right heire of J. S. and within age shall not be in ward for he is a purchasor 15 Ed. 4. fol. 10. Tenant for life the remainder to another in taile he in remainder dyes his Issue within age the Issue shall be in VVard if Tenant for life be dead 33 H. 6. fol. 6. Tenant for life the remainder in Fee dyes his heir shal not be in VVard for Tenant for life is Tenant Lord and Tenant the Tenant is disseised and dyes his Issue within age he shall be in VVard Fitzh fol. 142. B. C. D. Stamf. fol. 8. the same 3 H. 4. fol. 16. the same Littleton fol. 87. the same Lord and Tenant the Tenant hath a Daughter within age being his heire and he marries that Daughter to a Husband of full age and dyes the Lord shall not have VVard of the body but if he marry his Daughter to a Husband within age shee shall be in VVard Natura brevium fol. 98. Tenant for life the remainder in taile to the Husband and his VVife the remainder to the right Heires of the Husband the Husband and the Wife dye his heire within age living the Tenant for life the heire shall not be in ward Fitzh 143. A. A man makes a Feoffment before the Statute of Uses to the use of himselfe for life the remainder to W.S. in taile the remainder to the right Heires of the Feoffor the Feoffor dyes and W.S. dies without Issue the right heire of the Feoffor being within age shall be in ward for he is in by discent for the Fee was not out of the Feoffor But where one makes a Feoffment in Fee upon condition to re-enfeoffe him and the Feoffee gives to the Feoffor for life the remainder to another in taile the remainder to the right heires of the Feoffor and the Feoffor dyes and he in remainder in taile also dyes without Issue the heire of the Feoffor within age he shall not be in ward 32 H. 8. tit Ward 93. Estate is made to one for life the remainder to the Husband and Wife in taile the remainder to the right heires of the Tenant for life the Husband and the Wife have Issue a Son which hath Issue two Daughters and after the Son and the Wife dyes and after the Son dyes and after the Tenant for life dyes the two Daughters within age shall be in Ward 28 Ed. 3. tit 48. Marlebridge chap. 6. Gives the Lord remedy where his Tenant aliens by Collusion to defraud the Lord. Marlebridge chap. 16. Gives Mortdancester for the heire in Ward against the Lord unlesse he may have his Land at full age Prerog chap. 6. If a Woman before the death of her Ancestors which holds of the King in cheife before the yeares of marriage be marryed then the King shall have the Custody of her body till the age that shee may consent and then let her choose c. If an Infant be marryed before the yeares of marriage in the life of her Father and the Father dyes and the Wife dyes before the dayes of marriage of an Infant yet the Infant shall be in VVard and shall be marryed againe by the Lord Stamf. fol. 27. 5 Mar. tit Ward 124. it is held That marriage is as nothing for shee may marry another without Divorce within the yeares of marriage A gift is made to one in taile the remainder to the right heires of J. S. which was dead T. S. hath that as right heire but if he be within age he shall not be in VVard for he is in as purchasor 12 Ed. 4. fol. 2. 7 H. 4. fol. 5. 11 H. 4. fol. 72. 15 Ed. 4. fol. 13. the same A VVoman of the age of fifteen yeares at the time of the death of her Ancestor shall not be in VVard for the Lord shall not have VVard there till sixteen 35 H. 6. fol. 48. 28 H. 8. tit 86. If the King hath a woman in VVard and shee marry before fourteen shee shall be in VVard but to fourteen for the two yeares are given to tender marriage and shee is marryed See Westminst 1. chap. 22. Merton chap. 6. Gives ravishment of VVard and double value And Merton chap. 7. gives the value of the marriage West 2. chap. 12. Magna Charta chap. 6. The heires shall be marryed without disparagement Merton chap. 7. Of Lords which marry those that they have in their custody to Villaines or others as Burgers where they are disparaged If such an heire were within fourteen yeares and of such yeares that shee cannot consent to the marriage then if the Parents complaine of that Lord the Lord shall loose the custody till the age of the heire c. But if shee were of fourteen yeares and more and agreed to such marriage no punishment follows Littleton 21. See what are disparagements and what not Now let us see where your Lord shall loose the ward for that that he holds part in cheife and what
without Issue the youngest Son shall pray releife and the Fee was but in expectancy 40 Ed. 3. fol. 9. A gift to three Brothers for life the remainder to the middlemost in taile the remainder to the right heires of the elder in Fee the middlemost and the youngest dye without Issue the Fee is executed in the eldest 40 Ed. 3. fol. 20. Tenant for life the remainder to J. S. in taile the remainder to the right heires of the Tenant for life the Tenant for life is impleaded and hath ayde of him in remainder for that that the Fee is in expectancy 41 Ed. 3. fol. 16. Lease for life the remainder in taile the remainder to the Tenant for life in Fee yet if he make waste hee shall be punished in waste for that he hath the Fee in expectancy but not executed Fitzh fol. 60. B. Gift in taile the remainder to his right heires in Fee this remainder is not executed yet it is in him to grant Perkins fol. 19. 12 Edw. 3. the same and 7 H. 5. fol. 2. the same Where one hath an Estate in taile Rastall Treason 12 19. the remainder to his right heires and is attaint of Felony he shall forfeit the Fee but the Issue hath the Estate taile 12 H. 4. fol. 3. But by the Statute of 5 Ed. 6. chap. 12. and 26 H. 8. chap. 13. One attaint of high Treason against the Queen the Issue shall not have the Land intailed 7 H. 8. fol. 48. Fitzh fol. 30. B. Tenant in taile Land is given to R. and Katharine and to their Heires and to the other heires of the said R. If the said heires of the said R. and K. Issuing dye without heire of them it is an Estate taile 5 H. 5. fol. 6. Perk. fol. 35. a. LAnd was given to one and to his Heires if he have Issue of his Body begotten and if not that the Land should return it is an Estate taile 35 Book of Ass 14. Land is given to one to hold to him and his heires if he have an heire of his own flesh and if not it should return it is an Estate taile 37 Ass 15. Land is given to one to have to him and the heires of his Body and to one heire of the said heire only it is and estate taile for two Discents at least Plowdens Commenfol 39. Book of Assises 20. Gift to the Brother and to his Sister and to the heires of their two Bodies begotten is an Estate taile that is severall tailes 18 Ed. 3. f. 39. and 17 Ed. 3. f. 51. Land is given to a married man and to a woman married to another man and to the heires of their Bodies begotten they have an Estate taile presently 15 H. 7. fol. 10. If Lands be given to one to have and to hold to him and his Heires And if it happen that he dy without heire of his Body then it shall remaine c. It is an Estate taile 5 H. 5. f. 6. and 19 H. 6. f. 75. the same Land is given to the Husband and to his Heires of the Body of Margaret his Wife begotten though that Margaret were dead at the time of the gift it is an Estate taile 12 H. 4. f. 2. Lit. f. 6. Lands was given to the Husband and his Wife and to their heires saving the reversion it is an Estate taile 9 Ed. 3 Statham Lands were given to Maude late the Wife of John Mandevill and to the heires of the said John which he begot of the body of the said Wife the Wife hath an Estate for life the Issue an Estate taile 2 E. 3.7 17 E. 2. Tit. Fitzh 23. Taile 7. 23. Where lands were given to one and his Heires of his body begotten before the Statute of Westm 2. he had fee conditionall and after Issue had had power to alien and now by the Statute they have taile Lit. f. 3.12 Ed. 4. f. 3.19 Ed. 2. Tit. 61. and 18 Book of Ass 5. the same A man gives to the Husband and his Wife for their lives and the longest liver of them the remainder to the Heires of their Body this is a good intaile executed immediately 35 H. 8. Brook Estates 75. Lands are given in frank-marriage to have to them and to their heires it is said that they have Fee but if it were given to them in taile to have to them and their Heires they have taile and Fee expectant 45 Ed. 3. fol. 20. and 32 Ed. 1. there Fitzh Taile 25. it is adjudged taile If Lands be given to a man and his Wife in frank-marriage to have to him and to his heires they have taile for the frank-marrying shall not be defeated by these Words afterwards 31 Ed 1 Tit 25. Lands are given in Frank-marriage the remainder over to a stranger and for that it cannot be an acquittall it shall be called speciall intaile 31 Ed 3 Tit gard 116 and 17 Ed 3 Taile 2. Gift to one in taile the remainder to his right heires he hath taile and Fee expectant 7 H 5 fol 2. Lease is made for life the remainder to another in taile the remainder to E. Daughter of the Earl of Arundell in taile saving the Reversion and all dye and E. is heire to the Donor and hath taile as Purchasor but shee hath fee expectant and she shall have aid but not age if she be within age for that that the Fee is but in expectancy 40 Ed 3 f 13. 24 H. 8. Tit. 33. Tenant in taile hath Issue and aliens with warranty and levies Assets and dies the Issue cannot recover by Formedon for the Warranty and Assets is a Barr and if the Issue alien the Assets his Issue shall not have Formedon but his Issue shall have a Formedon for no Assets discends to him 35 H. 8. tit 39. Land is given in taile to the King and after the King by his Patent lets for yeares or for life and hath Issue and dyes the Patent is voyd for it is no discontinuance Tit. Discent 35. for a Grant without livery doth not make discontinuance 32 H. 8. If Tenant in taile lets for yeares and dyes without Issue the Lease is voyd and hee in remainder may enter 5 Ed. 4. fol. 2. Tenant in taile shall not have a Quo Jure nor Ne injuste vexes for they are VVrits of Right 14 Ed. 4. fol. 6. If one recover in a Writ of Right against Tenant in taile of a Rent he hath Fee till he be defeated The same Law if tenant in tail be disseised the disseisor hath fee till he be defeated and so hath the discontinuee 39 Ed 3 tit 18 Tenant in tail of a Lordship by default of entry within a year after the alienation of the land in Mortmain may prejudice him in remainder in tail and by consequence his issue Fitzherbert 224 Tenant in tail shall have a Quod permittat Fitzherbert 136 shall have a VVrit of Mesne Fitzherbert 151 O shall have a VVrit of customes and services
in the Debet and Solet Fitzherbert 134 C shall not have a VVrit of Rationabilibus divisis which is a VVrit of Right Fitzh 10. D. The issue in tail shall not be estopped by Seisin of more rent in the time of his father and for that he shall not have a Ne injuste vexes but may avoid that in Avowrie Fitzh fol. 9. If Tenant in tail hath Issue two Daughters and one enters in all the other shall have a Formedon and not Nuper obiit nor Rationabili parte Fitzh 39. If Tenant in fee of an advowson be disturbed he shall have a Writ of Right of advowson But Tenant in tail of advowson if he be disturbed shall have a Quare Impedit and not a Right of advowson Fitzh 105. S. If Tenant in tail be barred in a Formedon by false verdict and after releases and dies his heir shall have Attaint Fitzh 158. L. The Issue in tail shall have Detinue against the Discontinuee for the deed by which the land was given in tail Fitzh 155. If Tenant in tail lose by default and dies without Issue he shall not have quod ei deforceat but a formedon 7 H. 4. fol. 48. Tenant in tail before the Statute had fee conditional and now by the Statute hath tail and for that shall not forfeit for Treason nor for Felonie but that the Issue shall inherit but by the Statute now he shall forfeit for Treason Nat. bre fol. 102. If tenant in tail be attaint for Felonie his Issue shall inherit 12 H. 4. f. 3. If tenant in tail forfeit his land his Issue shall inherit and yet his wife shall not be endowed by Hank Litt. fol. 11. If a man be seised of land and commits fellonie and after aliens and after is attaint his wife shall have a Writ of Dower against the Feoffee by Navisor But if it be escheated to the King or Lord she shall have no Writ of Dower see 8 Ed. 3. contrary in the like case Nat. Brevium fol. 101. If tenant in tail commit felony for which he is attaint the King shall have escheat for his life 5 6 Ed. 6. cap. 11. VVhere the Husband commits high treason the VVife shall not be received to demand her Dower Perkins fol. 61. If tenant in general tail takes a VVife and hath Issue by the same VVife and the Husband is attaint of felonie and dies his VVife shall not be endowed and yet by the Statute of Westm 2. cap. 1. the Issue shall inherit Stamf. fol. 194. By the Common-Law the offender in felonie or treason shall forfeit the title that his VVife shall have by the marriage to be endowed of the land But by the Statute of 1 Ed. 6. cap. 12. though any person be attaint convict or outlawed of any misprision of treason murther or felonie yet their VVives shall be endowed But by 5 6 Ed. 8. cap. 11. it is otherwise of treason as afore is said see 5. Eliz. cap. 1. cap. 11. 18 Eliz. cap. 1. for certain treasons 19 Ed. 2. tit 61. Fitzh Before the Statute of West 1. after Issue had tenant in tail hath power to alien but not before Issue had 4 Ed. 3. tit 22. Fitzh Land given in special tail to have to them in fee and if they die without Issue of their body that the land shall revert c. this is adjudged a special intail 24 Ed. 3. tit 4. Fitzh If lands be given to two Husbands and their VVives and to the heirs of their bodies begotten it is held clearly that this is a several intail that their Issues shall have several actions Littleton fol. 52. If lands be given to two men and to their heirs of their two bodies begotten the Donees have joynt estate for their two lives and yet have several inheritances that the Issue of one shall have one half and the Issue of the other the other half 8 book of Assise 33 the same 30 book of Assise 9 by Shard If the Ancestor at one time was seised of an estate tail and after purchaseth in fee and after charges the land and dies and his issue enters he shall hold it discharged 18 Ed 2 tit 856. Lands given to one and the heirs of his body to be begotten is a good intail and the issue before as after shall inherit 4 Ed 2 tit 22 Lands given to the Husband and his VVife and to the heirs of their bodies to have to them and their heirs and if they die without heirs of their body that the land shall revert and adjudged a special intail 2 Ed. 4. fol. 6. Land is given in tail to be held of the cheif Lords it is a void Tenendum and shall hold of the Giver 3 book of Assise 8. 4 H. 6. fol. 19. 27 H. 8. f. 31. If Tenant of the King makes a gift in tail without license the King may choose the giver or the to whom it is given for his Tenant but if he take the ward of one he shall not have the other 5 H. 4. f. 3. Where lands was given to Eme to have to the said Eme and the heirs of the body of Iohn late her Husband the remainder to the right heirs of Eme and for that the heirs of John were not named before the habendum he hath nothing but Eme hath an intail c. 12. H. 4. f. 2. Where lands was given to J.M. and to the heirs of the body of Eliz. late his Wife begotten and though Eliz. was dead at the time of the gift yet this is a good intail that W. the issue of J.M. of the body of Eliz. shall inherit Littleton 6. If a man have issue a Son and dies and land is given to the Son and to the heirs of the body of his Father begotten this is a good intail and yet the Father was dead at the time of the Gift What Acts by Tenant in tail shall bind his issue and others and what not TEnant in tail the reversion to the King Rastall Recoveries 4. makes a feoffment and dies his issue enters and is Tenant in tail for he cannot discontinue And 34. H. 8. chap. 20. If he suffer common Recovery or Voucher where the reversion is in the King this shall not bind the issue 40. Ass 36. Fine levied by tenant in tail in possession reversion Rastall Proclam 3. remainder or in use of full age with Proclamation according to the Statute of 4. H. 7. chap. 12. immediately after the Fine levied and Ingrossed and Proclamations made shall be a Barr against the Tenant in tail and also against his heirs claiming the tail But if Tenant in tail the reversion in the King levie such a fine Rastall Fines 9. this is in such force and effect as it was before the making of this Statute and not otherwise 32 H. 8. chap. 36. See 30 H. 8. tit Barr the 97. Assurance 6. Tenant in tail is bound in a recognisance and execution is sued by Elegit
the said C Count. and A the tenements aforesaid with the appurtenances as his right and Inheritance saying that one W H was seised of the tenements aforesaid with the appurtenances in his demesne as of Fee at the will of the Lord according to the custome of the manner aforesaid And so being seised according to the custome of this Mannor time out of mind used and allowed at the Court of the Mannor held at J within the precinct of the Mannor the aforesaid Tuesday next after the feast of P the year of the Reign of our Soveraign Lady Queen Eliz 22. by J.A. and T P deputy Bayliffes of the Mannor aforesaid in the presence of T C T S R L J M Y R. and J B are tenants of the Lord of the Mannor aforesaid surrendred into the hands of the Lord the tenements aforesaid with the appurtenances to the use and behoof of one M then the wife of the aforesaid W H to be held for tearm of her life and after the decease of the said M the aforesaid Tenements with their appurtenances should wholly remain to one J H. son of N H brother of the aforesaid W H and to the heirs of his body lawfully begotten and for defect of such Issue of the said J the aforesaid tenements with the appurtenances should wholly remain to one E H daughter of the aforesaid W to be held to her and her heirs of her Body lawfully begotten and for defect of such Issue of the said E. the aforesaid tenements with the appurtenances should wholly remain to the right heirs of the aforesaid W H and his heirs for ever By vertue of which surrender the aforesaid M was seised of the tenements with the appurtenances in his deinesne as of freehold at the will of the Lord according to the custome of the Mannor aforesaid in the time of peace time of the aforesaid Queen Elisabeth taken then the profits to the value c. And from the said M. remained right by the form of the surrender aforesaid according to the custome of the Mannor aforesaid J H by which the said J was seised of the tenements aforesaid with the appurtenances in his demesne as of fee tayl at the will of the Lord according to the custome of the Mannor aforesaid by forme of the surrender aforesaid in the time of peace in time of our Lord Edward late King of England the second taking then the profits to the value c. and from the said J after the death of the aforesaid Elizab for that both of them the aforesaid J. and E dyed without heirs of their body lawfully begotten the right remainder by the forme of the surrender aforesaid according to the custome of the Mannor aforesaid to the said R H which now demands that is to say as the son and heir of W F brother and heir of the aforesaid W H and therefore produceth this Suite Plaints of Mortdancester R. C Complains against W L and E his Wife of a Plea of Land that is to say of one house 30 Acres of Meddow and a 100 Acres of Pasture with the appurtenances in J within the Jurisdiction of this Court and made protestation to prosecute his complaint in forme and nature of a Writ of the Queens Assise of the death of his Ancestor at the Common-law c. And desired processe for that to be made according to the custome of this Mannor in form and nature of this Writ aforesaid to be directed to the Bayliffes and Officers of this Court. And that the said Bayliffe and Officers by the command and precept of the Lord of this Mannor Where all are Copiholders and according to the custome of the said Mannor should summon by good summons twelve honest and lawfull men of the homage of this Mannor at the next Court to be kept within the Mannor ready to know by their Oath if R C Father of the aforesaid R was seised in his demesne as of fee at the will of the Lord according to the custome of the Mannor the day that he dyed of and in one house 30 Acres of Medow and a 100 Acres of Pasture of customary Lands of this Mannor with the appurtenances called C. within the jurisdiction of this Court the day that he dyed And if the said R. the father dyed within 50 years now last past and if the aforesaid R the son be the next heir of the aforesaid R the father and in the mean time they should view the Lands and Tenements aforesaid And that they should summon by good summoners the aforesaid W and E which hold the said lands and tenements that they should be here to hear the Recognitors and should find sureties to prosecute their Suite aforesaid J. D R R. And late here at this Court came the aforesaid W J in his own person Bar. and saith that the aforesaid R father of the said complainant was not seised in his demesn as of fee at the will of the Lord according to the custome of this Mannor day that he dyed of the aforesaid house and 30 Acres of Meddow and a 100 Acres of Pasture with the appurtenances in manner and forme as by the aforesaid complainant is first supposed and this he desires might be inquired by the Assise and the said Complainant likewise Entry in the by and to whom TO this Court came J N in his proper person complaineth against T M of a Plea of Land that is to say of one house one garden and one Orchard with the appurtenances and found sureties to prosecute his suit aforesaid that is J D. and R R. and doth protest to prosecute his suite aforesaid of the aforesaid house garden and orchard with the appurtenances in J in nature and forme of a writ of entrance of our Lady the Queen in the by and to which Saying that the said house and garden with the appurtenances are his right and Inheritance according to the custome of the Mannor aforesaid and into which the aforesaid T M hath no entry but by El late the wife of W M and the daughter of R P to which aforesaid R P. and M his wife they demised which since unjustly and without judgement disseised R N by rem of the said J N within 50 years last expired c. And desires processe thereof to be made to him against the aforesaid T M according to the custome of the Mannor therefore according to the custome of the Mannor it was commanded J B under Bayliffe of the said Mannor and Officer of the Court aforesaid that according to the custome of the Mannor aforesaid he should summon by good summoners the aforesaid T M that he should be here at the next Court that is the fourth day of M. next comming here to be held to answer to the aforesaid J N of the Plea aforesaid c. The same day is given to J. N here c. To this Court came A B Citizen and Mercer of L.
Otherwise it is if the Villaine alien them before the entry of the Lord the same Law is of Goods Litt. fol. 33. â—but the Lord cannot seise the Goods which a Villain hath as Executor Litt. fol. 35. If a Villain be made a Chaplaine Secular the Lord may seise him as his Villaine and his Goods but otherwise it is if he enters in Religion Or if a Free man espouse a Villaine Woman without the license of the Lord or by that this is inquirable If a Villain dwell in ancient Demesne of the King which is in the Kings hands and hath dwelt there by a yeare and a day the Lord cannot seise him nor shall have a Writ of Nativo habendo so long as he dwelleth there But if the Lord claime him within the yeare that hee cometh into ancient Demesne and so makes his claime within every yeare and 〈◊〉 day then the Villain shall not take advantage by his being there and if the Villaine dwell in another Mannor of ancient Demesne which is in possession of another then the King the Lord may seise him Fitzh fol. 79. a. and from thence-going that the Lord may make his claime if he goe in ancient Demesne is inquirable Also if any of the Tenants of the Lord be dead without Heire generall or speciall Escheat then the Lord shall have his Lands by Escheat or if any Tenant seised in Fee be attaint of Felony by Outlawry Verdict or otherwise the King shall have yeare day and waste and after the Lord by Escheat and is inquirable Or if a Bastard purchase Land and dye without issue of his body the Lord shall have his Land by Escheat And note That none shall have Lands of Fee-simple as heire to any man unlesse he be heire of the whole blood Littleton fol. 2. And if the Tenant be disseised and dyes without heire the Lord shall have the Escheat 14. Common Also if any which hath no Common without number charge the Common with more Beasts then he ought to doc according to the quantity of his Land or if he which hath Common appendant not Common appurtenant put into the Common Beasts which are not commonable as Hogs Goats and Geese or if any digg in the Common unlesse it be for Gravell for the high waies and fill it againe or maketh other trespasse in the Common or use the Common in any other manner without the license of the Lord but to take his Common with the mouth of his Beasts or if any digg Turffs or make other trespasse upon the waste or build any house or make inclosure of any part of it it is inquirable 15. Also if any Tenant within this Mannour Rechasing which hath two Farmes one of them within this Mannour the other within another Mannor and at the time when the Feilds and Meadows within this Mannour are layd open he brings his Beasts within this Mannor which he hath kept upon the Farme of another Mannor and by this surchargeth the Tenants within this Mannor this chasing and rechasing is inquirable 16. Mortmaine Also if any Tenant of this Mannor hath aliened any of his Lands in Mortmaine that is to a Religious house or to a Bishop Parson Vicar and to their Successors or to any other Corporation where that shall go in succession that is to say To them and their Successors without the license of the King and the Lord of the Mannor it is inquirable That the Lord may make his claime within a yeare according to the Statute Note That by the Statute of Religiosis the Lord may enter within one yeare after the alienation and if the cheife Lord immediate be negligent and doe not enter upon this Fee within a yeare then it is lawfull to the next Lord of that Fee within the halfe yeare following to enter and at the last the King And if any make a Feoffment to one to the use of a House of Religion or to the use of a Company or Brother-hood this is Mortmaine The same Law is where one exchanges with a Corporation that is Mortmaine also if any religious person hold of any man by Rent-service and the Lord releases to him this is Mortmaine 17. Who is Tenant Also if any Tenant by Charter alien his Land and hath not given notice of that to the Lord and the Alienee hath not made fealty to the Lord nor Suit of Court that the Lord may have knowledge who is his Tenant it is presentable for that he may know upon whom to make his avowry and of whom to have his Services and Escheats 18. Waste Also if any Termor for years or for life of any parcell of the Demesnes of the Mannor hath made waste in any House Lands Woods or Gardens you shall present that or if any holds two Tenements and hath wasted one as if he remove Trees from one to the other that is waste 19. Trespasse Also if any Trespasse be made in any Demesnes of the Lord that is to say In the Corn Grasse Meadowes Pastures Wood Hedges Waters or if any Fish within his Rivers or Waters or if any Hauk or Hunt within the Demesnes of the Lord without his license or within his Warren these are presentable 20. Trespasse Also if any take any Hony or swarms of Bees within the Demesnes of the Lord or take any Haukes or Aeiry of Haukes these are inquirable 21. Also if any Bailiff or Officer make any arrest for Rent Rescous Custome or Service due to the Lord and Rescous to him is made you ought to present the name of him which made the Rescous and where and when it was 22. Pound breach Also if any distresse be put in the pound of the Lord and be taken out without authority of Law this is a Pound-breach and is inquirable 23. Removeing meer-stones Also if any remove or take away any meerstones or stakes between this Lordship and another or between Tenant and Tenant you ought to present that 24. Encroch Also if any hath incroached any of the Lands of the Lord scilicet Land Meadow Pasture Wood Furse Moore or any other vacant Land without the Lords license by burning his Hedges Pale or otherwise that is inquirable Note that all the void Land and Waste within the Mannor is to the Lord of the Mannor 25. Also if any within this Mannor Husbandry suffer any House of Husbandry with which was occupied twenty Acres of Land to decay and to take from it any Land the Lord of whom this is held Rast Husb. 1. and 6. shal have the halfe of the profits of this to his owne proper use till that be maintained again for Husbandry 4 H. 7. chap. 19. and 5 Eliz. chap. 2. and that for the benefit of the Lord is inquirable 26. Also if any Tenant hath inclosed any Land Common and keeps that in severalty which was wont to lye open without the license of the Lord and
furrender and shall not be avoided by the Disseisees nor otherwise by him which surrender nor by his Heire In pleading of a copy is that the Lord by such a one his Steward did demise and not that the Lord did demise and also that a Woman be alone and privately examined by the Steward and it behoveth in pleading to say by such a Steward and name the name of the Steward and for that it is good order to expresse in the copy and the Court-roll that to this Court came J. S. and Alice his Wife she alone and privately being examined by J. K. the Steward there and to set the name of the Steward to every copy and also to every Court-roll for pleading in divers cases 〈◊〉 the Lord by J. K. his Steward granted him Seisin by a Rod c. 8 H. 5. fol. 4. and 10 Ed. 4. f. 6. Limitation THE Statute of 32 H. 8. chap. 2. extends to copy-holds for the Statute is that none shall make prescription Title nor claim c. above forty yeares c. and that doth a copy-holder and for that is within the Statute 6 Ed 6. Brook Limitation 2. 38 H. 8. chap. 1. Copy-holder which is Tenant in common is not compellable by this Statute to make partition for the Statute gives remedy for one Tenant in common against another by a Writ of making partition and it seems that a Copy-holder is not within the Statute of 27 H. 8. chap. 10. of Joynture of Women for that Statute bars Women which have Joyntures before Marriage to have Dower that is of Lands given in Dower by the Law and not by custome Where a copy-holder by the custome may surrender his Land out of the Court into the hands of the Lord by the hands of two copy-holders or one to the use of J.S. and a copy-holder so makes surrender to two and one dies or both dye before the next Court and yet Homage findes it this is good surrender and J. S. shall be admitted Tenant by copy of Lands of the nature of Gavell-kinde hath Issue two Sons his eldest Son hath Issue a Son and dies seised this Land shall descend to the youngest Son and to his Nephew the same Law is if the Son have Issue a Daughter and dies seised this Daughter and the youngest Son shall have this Land by discent and yet the Statute of Prerog Regis chap. 16. is that Women shall not share with Men. Tenant by copy surrenders to the use of one for life the remainder to the use of one most neere in blood and hath Issue two Sons the eldest hath Issue and dies the Tenant for life dies the youngest Brother shal have the Land and not the Issue of the eldest Brother for the youngest Brother is more neere of blood to his Father then is the â—on of his eldest Son by wich 30 Ass 47. but the youngest Son is not next Heire Where the copy-hold is of the nature of Borrough English and this copy-holder having three Sons surrenders this to the use of his youngest Son in taile the remainder to the use of the Heires of the Body of the Father ingendred and for default of such Issue to the use of the right Heirs of the Father and the youngest Son dies without Issue of his Body it is said that the eldest Brother shall have this as Purchasor Two Joyntenants of one copy-hold are and one surrenders his part to his companion for life this is a severance of the Joynture Lit f. 56. Where the custome of a Mannour is that the youngest Son shall inherit by discent the copy-hold and A. being a Villaine purchase copy-hold there and the Lord seises them and grants them out of his hands by copy the yâ—â—ngest Son of the Grantee shall have this by discent If the tenant by copy of Court-roll hath paid to his Lord more Rent then he ought and the Lord of that Surplusage of Rent was seised by the hands of his tenant yet the tenant shall avoid that in Avowry for he is but tenant at will by the course of the common Law otherwise it is of very tenant of charter land Where a copy-holder in Fee surrenders into the hands of the Lord to the use of J. S. without more all is in the hands of the Lord and the Steward admits J. S. to have and to hold to him and his heirs yet J. S. hath an Estate in Fee and yet the admittance is but allowance of J. S. to be tenant of such Estate which is surrendred but the use is in most courts to enter that it was surrendred to the use of J. S. without more and the Steward enters that the Lord hath granted to him Seisin to have to him and his heirs and taken good but it is better when one surrenders into the hands of the Lord to say and enter to the use and behoof of J. S. for life or to the use and behoof of J. S. and his heirs so that by to the use and behoof the Estate is limited that J. S. shall have it and that makes the admittance accordingly to be good without doubt and yet the other is good for by the surrender all the interest is in the Lord. If the Homagers gives false Verdict in the court of copy-hold the party shall not be bound but he shall traverse that but if such a Verdict be found for the Lord though the Verdict be false yet the party cannot traverse that there but is put to his Petition touching his land or to sue in the Chancery for if the Verdict finde false that waste was made in the Tenements of the Grand-father the Son of the Father shall loose after his land for that it is a forfeiture which runs with the land but seek for it is made by the person of the Father and the Son hath no remedy if the Verdict be true but if the Verdict be false then his remedy is by Petition and by no other remedy in this Court If Tenant by copy makes a Lease for years by license of the Lord and after in the same Court the Tenant will release to his Lessee by such words to remise and release such release seems void for that that it ought to be a Surrender into the hands of the Lord c. as he hath surrendred and released c. Use may be of Copy-holds as well as of Free-hold but the Statute of 27 H. 8. for uniting the possession to the use doth not extend to such tenures Nor he to whose use cannot forfeit the Land by cutting Trees if it were not by the consent and commandement of the Copy-holder If the Lord let severall Copies for one intire Rent and service and the Tenant makes waste in any parcell of them and that be presented in his Court he shall seise all the Copy as it was intirely let A Rent of a Copy-holder may be apportioned as well as another Rent Tenant by copy of Court-Roll in the Court sold
Recognition of the Assise and in evidence that the Plaintiffe is Bastard it is not good for it is contrary to this thing admited and imployed 22 Book of Ass 3. Covenant Issue was If the Defendant had made an Estate sufficient to the Plaintiffe of Higgens Close or not and evidence that it is not so much in value it is not good for it is not answerable to the matter in Issue 27 H. 8. fol. 35. Trespasse The Defendant justifies for Common appendant and gives in evidence that he hath Common by reaion of Neighbourhood it is not good for it is not answerable to the matter in Issue 13 H. 7. fol. 13. 11 H. 4. fol. 63. Trespasse of beating not guilty and evidence that it was in his defence it is not good for it is a matter of justification and contrarying 7 Ed. 6. tit 14. In Debt upon an Obligation made for Usury If the Defendant plead it is not his Deed he cannot give in evidence that it was made for Usury for it is contrarying 5 Ed. 4. fol. 5. Debt upon obligation for letting him to baile and doth not name Sheriff the Defendant gouht to plead that and so not his Deed but not generally not his Deed and give that in evidence for it is contrarying 3 H. 7. f. 5. Where two are bound joyntly and severally and one Seale is broken yet in Debt against the other or against him he cannot plead not his Deed and give that in evidence for it is contrary but he may plead the speciall matter and conclude so not his Deed. 5 H. 7. f. 2. If one plead nothing passed by the Deed he cannot after give in evidence that it is not his Deed for it is contrarying 9 H. 7. fol. 3. Derinue the Defendant saith he doth not detaine and he cannot give in Evidence that he hath that in pawn for it is contrarying Where the Evidence proves the effect and substance of the Issue is good THE Plaintiff Pleads a Lease simply and gives in evidence a Lease upon condition and for that that the condition is performed it is good for the evidence proves the effect and substance of the Issue and for that it is good 14 H. 8. f. 20. 38 H. 6. f. 9. The Array was challenged for that that was made at the denominating of the Clerke of the Plaintiff Evidence that it was made by the Bailiff of the Franchise at his denomination is good 44 Ed. 3. fol. 39. J.S. pleads a Feoffment made to him and gives in evidence that there was a Fine which is a Feoffment of Record and is good 27 H. 8. fol. 29. Action upon the case by the Husband of an Assumpsit made to him and given in evidence that it was made to his Wife to which he agreed and is good 14 H. 8. fol. 18. False Imprisonment If the Defendant justifie by Warrant if the Warrant were after the Arrest the Plaintiff may say of his own wrong without that that he had any warrant and may give this matter in Evidence Forraine matter plead in Court-Baron IF a Plaint be in the Court-Baron of a Debt or trespass and forraine matter is pleaded there it shall not be tried in Bench though that this Court shall be out of the Jurisdiction but it seems shall be tried in the County where the Court-Baron is or the forraine matter is alleadged to be done 1 H. 5. f. 12. A man cannot remove a Plea out of Court-Baron into Bench but in a Replegiare and not in Debt or trespasse unlesse that the Damages are not to forty shillings 14 H. 8 f. 17. by Fitzh Note more before that Fine Where it shall be paid by Copy-holder that I have seen used is as insues NOte that it is commonly said and the ground of paying Fines is that a Fine is due to the Lord upon every alteration and change of Tenant that is to say upon every admittance of every new Tenant to the Lord by copy as upon every alienation by surrender and admittance upon that and upon every discent and admittance upon that also if a Copy-holder surrender into the hands of the Lord to the use of diverse and their Heires as to 2.3 or 4. and their Heires upon the admittance of them the Lord shall have but one Fine for it is but one surrender and one admittance of a Tenant and upon the death of the Survivor and the admittance of his Heire then an other Fine so that the Fine is to be adjudged due alwaies upon admittance of Tenant and not without admittance And for that if two be admitted and one dies the other shall have his part by Survivor without new admittance and shall not pay a Fine Also where a Surrender is made to the use of a Husband and his Wife and to the Heires of the Husband upon their admittance the Lord shall have but one Fine for it is one surrender and both are but one new Tenant and after the death of the Husband and the Wife upon admittance of the Heire of the Husband the Lord shall have another Fine Also where a surrender is made to one for life and after his death the remainder to another and the Heires of his Body begotten and for default of such Issue remainder to a third and his Heires in this case admittance of the Tenant for life vests the remainder in the others and divers learned Stewards take but one Fine only of admittance of a Tenant for tearme of life and nothing of those two in remainder when the Remainder falls but I have seen that every one in the remainder when they come to the Land shall make Fine though it be not the whole fine but a halfe and every one is admitted when a remainder falls but it need not for by the admittance of the Tenant for life the remainder is so vested that he in remainder need no other admittance and they are but one Estate and one surrender the same Law is where there is a surrender to one for life the remainder to another and his Heires there shall be but one Fine But then it is good that both be admitted together according to the surrender at the time of the surrender made Also where one out of the Court by custome surrenders into the hands of two Tenants to the use of himselfe for life and after his death to the use of J.S. and his Heires and dies before the next Court and then all this is presented at the next Court he in the remainder shall be admitted and pay but one Fine for it is impossible to admit one which is dead and by the act of God his Fine is gone and now there is but one to be admitted and upon one surrender and one being to be Copy-holder shall be paid but one Fine Also where a Copy-holder is admitted upon surrender he shall pay a Fine but if it be so that he have common recovery in plaint in nature of a VVrit of entry in the
in Discender generally or may have special Writ making mention how it was given for life the remainder to his Father in tayl and one or other is good 44 Ed. 3. fol. 6. In conveyance of Degrees ye need not name him Heir but Son of him which was not seised but it is a surer way to name him Son and Heire to every one if hee were seised or not but he cannot omit any in his VVrit which was seised If the Demandant omit in Formedon one which held the Estate that is to say who was seised the VVrit shall abate otherwise it is in Scire facias 4 Ed. 2. tit 48. Formedon in Discender shal abate for that he omitted one in the VVrit which held an Estate 44 Edw 3. fol. 40. The Demandant in Formedon ought to make his discent by all which held the Estate otherwise the VVrit shall abate 46 Ed. 3. fol. 9. Though the Demandant be made heire to him which dyed in the life of his Father which was not seised yet the Writ shall not abate but is good 48 Ed. 3. fol. 7. Where the Demandant in Formedon in Discender makes mention of any and not of all the VVrit shall abate 49 Ed. 3. fol. 20. Formedon and the Register was shewed by which it was held that he ought to make him Son to every one and Sonne and Heire to him which last held the Estate but if he makes him Son and Heire to every one that is more and good notwithwanding that every one did not hold the Estate 11 H. 6. fol. 25. The Writ is not the worse though in the same it be mentioned that he is the heir of one or that he should have scarce been heir to him if he had lived if he be heir to him that last was seised 11 H. 4. f. 70. The Demandant in Formedon ought to name him Son and Heir to him that was seised But if one survive his father and were not seised he need not name himself heir but son onely but it is a sure way to name him son and heire or cozen and heire to every one Fitzh fol. 212. F. Formedon abate for that he made himself cozen and heir to the Donee where his father was seised after the death of the Donee and no mention was made of him 10 Edw. 3. tit 41. Esplees shall be alleadged in Formedon in reverter in the Donor and in the Donee and in formedon in descender and remainder in the Donee onely Formedon in reverter It behoveth to lay the Esplees in his Count in the Donor and Donee but in formedon in descender and remainder in the Donee onely 50 Ed. 3. fol. 1. Fitzh fol. 220. Formedon in remainder he alleadgeth Esplees in the Tenant for life and not in the Donor and in formedon in reverter in the Donor and Donee 9 H. 6. fol. 53. 11 Ed. 3. tit 31. the same and 18 Ed. 2. tit 20. Formedon in remainder he counts upon the matter without laying the Esplees in the Donor and it is good 27 Ed. 3. tit 36. Of what things Formedon lyeth and of what not Formedon lyeth of Gorse but not of an Advowson Fitzh fol. 217. B. It lies of pasture for 10 beasts and not of common but a Writ called quod permittat Fitzh 212. B. Formedon lyeth of Common in gross Inquire of 15. Ed. 3. Statham fol. 95. It lyes of a Corody that is to say of Rent and certain breads by the opinion of the Court 18 Ed. 3. Statham 10 book of Assise fol. 11. Nuper obiit was maintained of a Corody Ward For that that in the second Article is inquired if Tenant of the Lord dies if his Heir shall be in ward or not and for that let us see where the Lord shall have the Ward of the heir of his Tenant within age which holds of him by Knights service and where not ANd note where the Heir of Lands held by Knights service shall be said in by discent to be in Ward and where not If the father devises his Land held in Knights service to his Son and Heir in fee and dies hie Heir within age he shall be adjudged in by discent and shall be in Ward But if it were devised to his Son and Heir and to the Heires of his body the remainder to another in fee and dies the Son within age he shall not be in Ward for he is in as purchasor 3 H. 6. fol. 47. Where the Heir recovers Land held in Knight-service in formedon in discendor he shall be adjudged in by discent and if he were within age shall be in ward 2 R. 3. fol. 14. and 11 H. 7. fol. 12. Inquire if he recover in Dum non fuit compos mentis See Fitzh fol. 114. If the Heir enter for the condition broken in lands held by Knights service he shall be adjudged in by discent and shall be in ward if he be within age when he enters 11 H. 7. f. 12. 7 H. 4. f. 13. and 6 H. 4. f. the same If the Father and the Son purchase land held by Knights service to them and to the heires of the father and the father dies though the son within age he shall not be said in by discent to be in ward 43 Ed. 3. fol. 36. But by 32 H. 8. ch 1. If they be held of the King by Knights service the King shall haue the ward of them Where two or more hold joyntly lands held of the King by Knights service to them and to the heires of one of them and he which hath the Inheritance dies his heir within age the King shall have the ward of the body of the infant though that the other which hath the Free-hold be alive See the Stat. of Wills 32 H. 8. chap. 1. If an Infant in the life of his Father be made Knight Rastall Wills 23. and his Father dies he shall be in ward but otherwise it is where an Infant in ward is made a Knight there he shall be out of ward 2 Ed. 6. Tit. Ward 42. Magna Charta chap. 3. Where Reversion discends to the Issue within age he shall be in ward but where he hath a remainder by purchase is otherwise and where he in remainder dies his heir within age shall be in ward Stamf. fol. 6. and 7. the same See the Comment 35 H. 8. tit 119. A person twice in ward where a woman was young with child as a man dies seised of land held in Knights service his brother and heir within age the Lord seises the Ward the wife of the Tenant being young with child with a Son and after the wife is delivered the brother is out of Ward But if the Infant die the brother yet within age there the brother shall be in Ward again the same law where a Daughter is in Ward and after the Son is born 28 H. 8. T it Ward 86. If the King hath an Heir in ward which is a woman and she marry to one before
Tit distresse 6. He which distaines beasts may put them in a close house if he will give them meat for the putting them in open pound is but to the intent that the owner may give them meat 1 2 Phil and Ma chap. 12. tit Distresse That no distresse shall be driven out of the hundred unles to the open Pound nor above 3 miles and one distresse shall not be impounded in severall pounds upon forfeiture of 5 l. And for poundage of an Intire distresse a man shall not take above 4. d. poundage 20. H. 7. fol. 1. Where the Lord destraines beasts and they are taken out of the Pound the Lord shall have a Parco fracto and the party may have trespasse for the property lies in him by Forwick Fitzh 101. Where a man distraines for doing dammage Rent or service and puts them into the common Pound or into an other lawfull Pound and he which owes the beasts or another person takes them out of the Pound then he which distrained shall have a Parco fracto and if a man send his servant to distrain for rent or service and the servant distrain and put them into the Pound and a stranger takes them out of the Pound now the Master shall have a Parco fracto for it is the pound of the master 21. Ed. 4. fol. 19. Fitzh 101. E. if a man distrain for Rent doing dammage or services and puts the beasts in the ground or close of another his friend by his license and he which ows them takes out the beasts he which distrained shall have a Parco fracto and not he which hath the close Fitzh 101. H. For amercement in hundred one cannot distraine but the proper goods of him that is amerced not others but for rent or service is otherwise for the party may distrain the beasts found in the Land which are rising and lying and Impound them Releife IF one have a tenement in chief and dyes c. and after such Heir be in Wardship when he shall come to age that is 21 years he shall have his Inheritance without releife But by the stature of Marlebridge chap. 10. and by the Prerogative of the King the 3. chapt the King shall have the first seisin nor the Heir shall not enter before he hath received it out of the Kings hands whatsoever Age he be of Magna charta 2. 3. 4. Where one holds of a common person by Homage fealty and escuage and dies his Heir male being within Age of 21 years he shall be in ward untill 2â— years and if he were not in ward but were of ful age that is 21 yeers then the Lord shall have a 100 s. for a whole Fee for relief and if he hold by a moitie 50 s. and so who by more more and who by lesse lesse Litt. fol. 24. But by Marlebridge chapt 17. If the Heir within age be in ward and at full age the Lord will not suffer him to enter without Suit but holds him out to have relief or otherwise holds him out that he cannot enter without plea he shall have a Mortdancester against his Guardian and recover his dammages Fitzh fol. 196. F. If one holds of the Lord in Socage that is by fealty and 10 s. payable at a certain day and dyes then the Lord shall have 10 s. for relief over the 10 s. which he paies for his Rent and such relief is due forthwith of what age the Heir be so that he passe the age of 14 years But if he hold by a Rose that shall not be paid forthwith but when the time of the year is that they grow Litt. fol. 28. And this releif by Bracton and Britton is not so properly to be called releif as that which is paid at full age by him that holds in Chivalrie 16. H. 7. fol. 4. and 18. Ed. 3. Tit. Avowrie 99. Note when a man holds of the King in chief and of other persons by Knights service The King shall have the Ward of all and the Heir shall pay relief to every Lord at his full age 24. Ed. 3. fol. 8. fol. 24.39 Ed. 3. tit 1. the same 26. H. 8. fol. 8. the same and Nat. bre fol. 95. notwithstanding see Stamf Title Prerogative The Father dyes seised and the eldest brother of full age dyes before that he enters and before that he hath possession in deed the yongest brother being of full age he shall pay two releifs one for the death of the Father the other for the death of the Brother for that that both were Tenants to the Lord Time of Ed. 1. Tit. 12. and 13. Ed. 3. Tit. 6. the same If my Tenant enfeoffes his son and Heir of full age and dyes before the Son gives notice to me I shall have releif of him for that that his Father dyed my Tenant to the avowrie 7 Ed. 3. chap 11.17 Ed. 3. fol. 3. Enquire See 3. H. 6. fol. 47. Where Land is given to the Father for life the remainder to his right Heirs the which tenements are held by Knight service the Father dyes his Heir of full Age he shall pay releif 32. Ed. 3. fol. 4. Estate is made to the Father for life the remainder in tail to his eldest Son and his Wife the remainder to the right Heirs of the Father in fee the father dies the eldest son and his Wife die without Issue the youngest son is in by discent and shall pay releif 40. Ed. 3. fol. 9. Gift is made to one in tayl the remainder to the right Heirs of J. S. which was dead Donee dyes without Issue T. S. had that as right Heir but is in as a purchasor and for that shall not pay releif 12 Ed. 4. fol. 2. A Lease for life the remainder to the right Heirs of J.S. tenant for Lease dies living J.S. the remainder is void and J.S. and his Heir shall not be said in by discent to pay releif 9. H. 6. fol. 23. Lease for life the remainder to the right heirs of J. S. and J. S. hath Issue T. S. and dyes T. S. shall pay no releif for he is in as purchasor 11. H. 4. fol. 72. Lease is made to one for life the remainder to another in tail the remainder over to J. S. in fee he in remainder in tail dyes his Issue of full age he shall pay no releif for tenant for life is tenant but when tenant for life dyes he shall pay releif 33. H. 6. fol 5.6 Lord and tenant the tenant lets for life the remainder in fee to another and he in remainder dies his Heir of full age shall pay no releif for the tenant for life is tenant to the Lord Fitzh 142. B. Where an estate is to the husband and to his Wife and to the Heirs of the body of the husband the remaindet to the right Heirs of the husband the husband hath Issue of full age and dyes the Wife is tenant to the Lord and for that
heires males adjudged that the Grant is void for that that the King is deceived in his Grant for this sounds in Fee simple whereas it is sayd the King intended but an Estate taile which is not so expressed And therefore now he is but Tenant at will and contrary in the case of a common person For Littleton fol. 6. saith Lands are given to another to have and to hold to him and his heires Males or to his heires Females or to whom the gift is made hath Fee in a common persons case for that there is no limitation in the gift of what body 6 H. 7. fol. 13. If Office be granted to one for life and after the King grants that to another and doth not recite the first Grant the King is deceived and it seemes that the second Grant is voyd 1 H. 7. fol. 13. Where the King of meer motion forgave A B of all his Debts and was Sheriff and after in the Exchequer he pleads that as Sheriff and held for that that it is of his owne motion and is generall yet he may plead that and it is a good Barr Otherwise it is where it is by suggestion for where it is of meer motion it is intended the King is not deceived but it seems if the King pardon one all his Debts he as an Executor shall not take advantage of that The same Law is if two be indebted and the King pardon one the other shall not take advanrage of that for it was the onely debt of him 9 H. 7. fol. 2. Where a Grant of the Kings is of his meer motion and the King recites that where he hath granted by his Patent he ratifies and confirmes and over We give and grant this give and grant is not but voyd for the King is Estopped to say the contrary but that he granted and ratified that but if it were as We are informed he is not Estopped and the King there is deceived And where it is of his meer motion recyted that he holds for life he is Estopped to say contrary but if it were as We are informed he is not Estopped and the King is deceived and he holds not for life 3 H. 8. fol. 7. held VVhere a Grant of the King is not onely of his meere motion but also of suggestion there if any part of the suggestion be not true the whole Grant is voyd 8 H. 7. fol. 1. VVhere the King upon information of the party Grants a Mannor which he hath by forfeiture and hath not that by forfeiture it is voyd for he is deceived So it is sayd where the King grants reversion where there is no reversion he is deceived and voyd 27 H. 8. tit Patents 100. It is sayd for Law that a false consideration in letters Patents shall not avoyd them as where the King for ten pounds to him payd gave such Land and the ten pounds is not payd the Patent is not void and shall not be repealed Contrary of Patent granted upon false surmise as to falsifie that the Land came to the King by the attainder of J. S. which is not true or such like 26 H. 8. fol. 1. If the King grants Lands to J. S. and recites for good service he hath done he grants and it is not true yet the Grant is good though the consideration is false 27 H. 8. fol. 33. by 6 H. 8. fol. 15. Will That the second Patent of an Office shall be voyd where another Patent is made before during the will of the King If mention and recytall be not made in the second Patent of the first Patent made at the will of the King if the Officer hath Fee it is voyd otherwise it is if hee have no Fee as it seemes 3 H. 7. fol. the last 6 H. 7. fol. 13. the same Where the remainder in Fee depends upon determination of Estate and where upon Condition and where upon Contingent HUsband and his VVife seised in right of his VVife in taile the Husband enfeoffs other two so long as J. S. and seven other persons live together and if it happen any of them to dye that then the remainder to the Husband and his VVife and to the heires of the VVife and J.S. dyes and the Husband and the VVife enter as they may for the remainder depends upon determination of Estate and not upon condition for death is certaine and for that the Estate is determined 18 H. 8. fol. 3. 18 Ed. 3. fol. 2. A Fine was levyed to the Husband and his VVife and to their heies Males of their two bodies begotten so that if the Husband dyed without heire Male that that should remaine to the right heires of the Husband and is received for that doth not depend upon condition but upon a limitation upon contingent of death which is certaine 27 H. 8. fol. 28. A Fine upon grant and render by which the Conisee grants and renders to the Conisor the Lands in taile upon condition that the Conisor and his heires shall carry the Standard of the Conisee in Battell and if the Conisor or his heires faile that then that shall remaine to a stranger this depends upon a condition and by Fitzherbert Fine cannot be taken upon a condition but if it be taken it is good And by Fitzherbert the Fee is in the stranger forthwith before the Tenant for life dyes otherwise it takes no effect for this word that then it shall remaine referrs to the possession of the Lands that is that then the possession of the Land after the death of the Tenant for life should remaine but if one let for life upon condition that if he dye c. the remainder to a stranger that is in him presently Plowdens Commentaries fol. 487. Nichols Case If a Lease be made upon condition that if the Lessee pay certaine Moneys within the tearme that he shall have it in Fee he hath no fee forthwith but upon the payment but it seemes this varies from the remainder If a man makes a Lease for life upon condition that if the Lessor dye without Issue that then the Lessee shall have fee the Lessee enters into Religion and after the Lessor dyes without Issue and after the Lessee is drawne out of Religion he shall not have fee in so much that at the time of the condition the fee could norvest in him 21 H. 7. fol. 11. Gift is in taile upon condition that if he alien in Fee that his Estate shall cease and that this shall remaine to a stranger it is not good for an Estate of Inheritance cannot cease also it cannot remaine without particular Estate and it cannot be upon a condition repugnant Where your Tenant hath the fee in him in expectancy and not executed in him and where it is executed in him A Lease to the Father for life the remainder to the eldest Son in taile the remainder to the right heires of the Father the Father dyes and the eldest Son dyes
by the Statute of 35 H. 8. chap. 20. It shall not binde the Issue in taile but that he may enter see M. 33. H. 8. Tit. 31. Recovery in value Seek if the Statute of 34. 35. H. 8. Provides for any Issues in taile but only the Issues of the Donees of the King for the Preamble speakes only of those but the Statute is whereof the reversion or remainder is in the King and for that it seems every Issue in taile where the Reversion or remainder is in the King may enter but a Fine with Proclamation by such Tenant in taile the Reversion or remainder in the King seemes is not remedied by this Statute but by 32 Hen. 8. chap. 36. Where Reversion is in the King is no discontinuance for though the Heire in taile shall be barred by Fine with Proclamation after Proclamation made yet there is an exception in the Ststute of those whereof Reversion or remainder is in the King so that it shall not binde such Issue in taile title assurance 6. see 4 H. 7. chap. 24. 37 Hâ—â— Where Tenant in taile is attaint of Treason before the Statute of 26 H. 8. His Son shall have the land for he doth not claime only as Heire but by the Statute and by the form of the gift see the Statute of 5 and 6. Ed. 6. chap. 11. That for high Treason Tenant in taile shall forfeit his Lands Com. f. 237. 27 H. 8. f. 6. If Tenant in taile sell Trees and dies and after he that hath bought them cuts them trespasse lies but if they be cut in his life time it seems the Buyer may take them 18 Ed. 3. Tit. Disseisin 92 Where Tenant in taile is bound in a Statute and dies and his Issue enters and the Conisee outs him by execution which is an act of Law he is a Disseisor Plowd Com. f. 235. before the Statute of Westm 2. he had but an Estate of Inheritance and that was Fee but this was in two manners absolute and conditionall and Formedon in Reverter was at the common Law and Formedon in Remainder by the Statute 1 H. 4. f. 6. If Tenant in taile by Estoppel or livery suing holds of the King and dies his Issue shall not be Estopped 43 Ed. 3. f. 14. Presentment to an Advowson in the life of the Tenant in taile puts him during his life out of possession but not his Issue 38 Ass 5. Tenant in taile is bound in Recognisance and Execution is sued by Elegit and this Land delivered in execution and after the Tenant in taile dies his Issue may enter without suing Audila querela 17 Ass 21. If Tenant in taile be bound in a Statute and hath Issue and dies and after execution is sued against the Issue this is disseisin to him and he shall have Assise though he comes in by processe by Law 14 Ass 3. It seems if Tenant in taile be bound in a Statute and dies and after his Issue infeoffs J.S. that the Conisee may have Execution against the Feoffee 35 H. 8. fol. 38. If the King gives in taile by his Letters Patents and after the Donee surrenders the Letters Patents to the King the taile by this is not extinct 38 H. 8. Tit. 39. Land is given in taile to the King he is Tenant in taile and cannot have greater Estate then the giver will depart to him and if the King let for yeares or for life or make a Feoffment in fee and hath Issue â—nd dies the Issue may enter for this is no discontinuance Tenant in Frank-marriage GIft was to the Husband and his Wife in Frank-marriage and this may be as well after the marriage as before 4 Ed. 3. Title Taile 6. Perkins fol. 48. C. If a gift be made with a woman in Franke-marriage which is not Cozen to the giver this is but for life Old Tenures Gift in frank-marriage with the Son of the giver his Cozen is no frank-marriage Time of H. 8. Tit. 10. but Fitz f. 172. H. and 7 E. 4. f. 12. A. by Moile in the Prior of Spaldings case seems contrary Gift in frank-marriage within the yeares of Marriage with a Daughter and they were divorced at full age at the Suit of the Husband yet the Daughter shall have all for she was the cause of the gift 19 Book of Assise 2. 19 Ed. 3. Title Assise 83. If a gift be to the Husband and his VVife in taile and they are divorced it seemes that they have not now but a freehold and though that they have Issue before the Divorce that shall not inherite But if a gift in tayle be made to two men or to one man and his Mother or Daughter and to the heires of their bodies their severall heires of their bodies shall inherite for that that they cannot marry 7 H. 4. fol. 16. and 17 Ed. 3. fol. 51. and Title tayle the 15. This is where the Divorce defeats the marriage from the beginning Gift in Frank-marriage rendring twenty shillings rent this reservation is void 4 H. 6. fol. 22. by Martin But the old Tenure is contrary tit Frank-marriage and 17 Ed. 3. fol. 66. also contrary If a gift be in Frank-marriage with his Cozen rendring Rent this is Intaile and not Frank-marriage and if a gift be with a Woman in Frank-marriage which is no Cozen to the giver this is but for life See before the 45 Ed. 3. fol. 20. If a man give in Frank-marriage rendring Rent the reservation is voyd till the fourth degree be past 26 Book of Ass 66. Land was given to a man and his Wife in Frank-marriage to have and to hold to the Husband and his heires and adjudged they have taile and not Fee for the frank-marriage shall not be defeated by words afterwards 32 Ed. 1. tit Taile 25. Reversion was given with his Daughter to one in Frank-marriage and is good 26 Ed. 3. tit 27. Taile Gift is made with Agnes his Daughter to A. in Frank-marriage and after A. marries Agnes and dyes and hee gives another Acre with Agnes to B. her second Husband in Frank-marriage and both are Frank-marriage 31 Ed. 1. tit Taile 30. Gift in Frank-marriage the remainder to J. D. in fee is not good for there cannot be an acquittall where remainder is given over Time of H. 8. tit 11. 19 Ed. 3. tit 1. If Lands be given in Frank-marriage to have for their lives the To have shall not abridge but inlarge the Estate and for that is is Frank-marriage 2 E. 3. tit 94. One gives Land to A. with Alice his Daughter in Frank-marriage to have and to hold to the aforesayd A. and his heires and it seemes Frank-marriage 13 Ed. 1. tit Formedon 63. I. gave R. and Alice his Daughter Lands in Frank-marriage to have to the aforesaid R. and Alice and their heires or to whom he will assigne it and the sayd R. did beget no heire of the sayd Alice nor the sayd R. and A. did not assigne it to any
16. B. by Finchden If a lease be made of lands for years to A. the remainder to B. for life the remainder to the right heirs of B. and after B. takes a wife and dies during the term of years his Wife shall recover Dower But execution shall cease during the term of years Perkins fol. 67. A. 1 Ed. 6. tit 89. VVhere a woman is endowed of land which her Husband took in Exchange she shall not be endowed of the land given in Exchange 31 Ed. 2. tit Dower 204. 17 Ed. 2. tit Dower 162. the same VVhere the Husband holds joyntly with one and no partition made his wife shall not be endowed 8 Ed. 2. tit 167. Littleton f. 9. the same VVhere the Husband enters in Religion the heir shall inherit and yet his wife shall not be endowed for the wife may have him again out of Religion 32 Ed. 1. tit 136. Perkins f. 91. D. the same If the Husband be Tenant in common with two others in Fee and dies now his wife shall be endowed but not by metes and bounds Eitzberbert fol. 149. I Littleton fol. 9. the same If a villain takes a wife and purchaseth land and after the Lord enters and then the villain dies the wife shall be endowed 19 Ed. 2. f. 71. A woman of eight years three quarters at the death of her husband shall have no Dower Littl. 8. 12 Ed. 2. tit 159. the same A woman of the age of ten years at the death of her Husband shall be endowed 12 R. 2. tit 54. 8 R. 2. tit 122. the same VVhere the Husband hath an Office eo keep a Park to him and to his heirs his wife shall be endowed of that Pl. Com. f. 379. If the Lord enter for Mortmayn yet the wife of the Tenant shall have Dower Perk. f. 76. A. The same Law if the Lord recover against the Husband in Cessavit the Wife of the Tenant shall be endowed 34 book of Assise 15. where the Husband dies without heir and the land escheats the wife shall be endowed Tenant by the Curtesie surrenders to the Husband in reversion upon condition and enters for the condition the wife of him in reversion shall not be endowed 14. Ed 4. f. 6. VVhere a man enfeoffs one upon condition to re-enfeoff the feoffer again it behoveth that be made to a man unmarried or to a Chaplain that hath no wife for if it be to a man which hath a wife she shall be endowed 38. H. 8. tit Assurance 3.28 Book of Ass 4. the same Lands is mortgaged to the Husband and after the condition broken the Husband by agreement takes his money and dies his wife shall be endowed 42 Ed. 3. fol. 1. A woman hath title of Dower and enters upon the heir and enfeoffs him by Deed she hath given him her title of Dower included and is not now Dowable of that land 11 H. 7. f. 20. The husband Tenant in general tail makes a feoffment and takes back a special tail and his first wife dies and he takes another wife and he dies and his issue enters this second wife shall not be endowed for the heir was remitted 41 Ed. 3. f. 30. 46 Ed. 3. f. 24. the same VVhere land is given to the husband and his wife in special tail the remainder to another in tail the remainder to the right heirs of the husband and the wife dies and the husband takes another wife and dies living him in remainder the second wife shall not be endowed of that land 46 Ed. 3. f. 16. Land is given to the husband and K. his wife in special tail the remainder to the husband in general tail and K. dies without issue and the husband takes another wife and dies this second wife shall be endowed 50 Ed. 3. fol. 4. Where the husband and his wife have special tail the second wise shall not be thereof endowed 22 Ed. 3. fol. 9. B. Littleton 11. the same Where land is given to the husband and his heirs which he begets of the body of Margaret his wife which was dead at the time and he takes Eliz. and dies this second wife shall not be endowed 12 H. 4. f. 2. If a woman go away with an Adulterer into some land of her husbands and be not reconciled yet she shall not lose Dower otherwise it is if she were out of the lands of her husband 8 R. 2. tit 253. If a woman go away and dwell with an Adulterer she shall not have Dower But if she were carried away against her will and was carried 20 miles and returns and her husband dies she shall have Dower 43. Ed. 3. fol. 19. 47. Ed. 3. fol. 13. VVhere a recovery is by default or a reddition against the husband without title the wife shall have Dower 46 Ed. 3. fol. 23. VVhere a recovery is against the husband the wife is barred of Dower But if the recovery were by default it is remedied by the Statute and where by render is aided by the Common-Law and other recovery is not remedied Against whom Dower may be brought and what Assignement is good and what not WHere a Guardian in Socage endowes a Wife it seemes it is disseisin for a Writ of Dower doth not lye against a Guardian in Socage but against a Guardian by Knights service it lyeth 29 Book of Ass 68. Assignement of Dower by the Disseisor is good if it be not by Covin of the wife The same Law is by Abator or Intruder Perk. fol. 76. Assignement of Dower by the Tenant of the Freehold is good and ought to be by him 12 Ed. 3. tit 86. Perkins 78. the same Guardian in Socage cannot assigne Dower but Guardian by Knight service may 3 Ed. 3. tit 108. Perkins fol. 78 G. It appeares that Guardian by Knights service may assigne Dower Fitzh fol. 148 A. Where the Husband was seised of diverse Tenements and Manners and the Sheriff assignes the VVife which recovers one Mannor and a whole Advowson it is good for it is an infinite work to assigne part of every Acre 12 E. 4. fol. 2. If the Husband hath three Mannors and during the marriage charges them with a Rent and dyes if the wife take the third part of every Mannor she shall hold it discharged but if she take one Manner onely she shall hold two parts charged 17 Ed. 2 tit 164. It seemes it is good barr in Assignement that her Husband before the marriage granted by Deed to her a Rent in the name of Dower to which she agreed after his death 20 Ed. 4 fol. 3 in Dower but inquire Rent assigned out of Land of which she is dowable without Deed is good but out of other Land it is not 33 H. 6. fol. 2 B. Assignement of Rent out of the same Land of which she is Dowable is good barr in Dower if shee agree 7 H. 6 fol. 36. Perkins fol. 76 D. the same If a woman recover in a VVrit of Dower shee
be not fellonioussy rapuit it shall be intended 1 H. 6. f. 1 Waste against Beatrix which was the Wife of the Earle of Arundell though that she were not named Countesse it is good and shall be intended Countesse 2 H. 6. f. 11 Debt and Counts upon Indenture that the eldest Son ought to marry K. and if he died before carnal knowledge then that the youngest should marry her if the Ecclesiastical Law would permit it and Counts that he purchased a Dispensation and required him to marry her and he refused and though he do not shew if the Request to marry K. was before noon or not nor if K. were alive at the time of the Request it is good and shall be intended 12 H. 8. f. 6 Trespasse one iustifies as Servant of J. S. and though he do not say and by his commandement it is good and shall be intended 13 H. 7. f. 13 If one plead a Deed dated at D. it shall be intended delivered there 1 H. 6. f. 3 Waste by the Prioresse of the House and Church of C. the Writ was to the dis-inheriting of the Prioresse of the House and Church of C. leaving out praedict but it shall be intended 10 H. 7. f. 5 Annuity is Grant provided that he be of honest conversation and the Grantee pleads in Action that he was of honest conversation and that he doth not say alwayes after the Grant it shall be intended to be of honest conversation for every one shall be intended to be of honest conversation till the contrary be shewed 22 Ed. 4. fol. 28 Divers pleadings shall be good by intendment as in action against the Sherif for imbezzilling a Writ and doth not say that he was Sherif at the time of the imbezzilling but it shall be intended 22 Ed. 4. b. Tit. Pleading 109. If one plead that one John Purâ—bote Master of the Colledge and his fellow brethren were seised in Fee that shall be intended in Right of their Colledge for it hath but one intendment Plowd Com. fol. 102. Fulmerstone Entrie upon the Statute of Rich. the Defendant saith that the third part was to J.S. and that he entred by his commandement and doth not say whether the third part were severed or not but it shall be intended severed and good 37 H. 6.38 and 38 H. 6. fol. 8. the same Trespasse of two Coffers taken in D. the Defendant saith that the property was to J.S. and gave them at D. to him and though he do not shew how the property was to him it is good and shall be intended when the gift was made 1 Ed. 5. fol. 3. Scire sacias by Sir T. Chaworth Cozen and Heire of one Hawes of a gift by Hawes in Tail and the remainder in Tail and counts that the Donee and he in remainder are dead without heire of their bodies and that to him ought to revert as Cozen and Heire of Hawes and though he do not say that Hawes is dead it shall be intended for otherwise it cannot revert to him as Couzen c. 33 H. 6. fol. 54. Where one avoweth and saith he was seised by the hands of one J.S. his Tenant and though he do not say then his Tenant it shall be intended 34 H. 6. fol. 8. 14 H. 8. fol. 12. Wast against P. which he held for Term of years and Counts that in the tenth year of H. 7. the Plaintiffe let to P. for Term of one year and from and so from year to year so long as both parties were pleased by vertue of which he was possessed and occupied by 24 years and now it is thirty years from the 10. of H. 7. and where the Count is by vertue of which he occupied by 24 years by implication it shall be intended and no more and it shall be which he held and not which he doth hold Plowd Com. fol. 409. Where H.C. devised c. that none of his Sons should alien and it is pleaded that H.C. hath Issue J. and F. that shal not be intended that he hath more till the contrary be shewed of the other party 12 H. 8. fol. 3. Trespasse why he beat his Servant and took away a dog called a Blood Hound and though he do not count that he might spend forty Shillings it shall be intended that he might till the contrary be shewed 9 H. 6. fol. 10. Debt and Counts of a Lease by the Plaintiffe and E. late his Wife and though he do not count that she is dead it shall be intended 20 H. 6. fol. 24. Account and Counts that the Defendant was his Receiver at such a day untill the Feast of Saint Michael and it is not Michael the Archangell nor Michvel in Tumba and it shall be intended Michael the Archangell and good 8 H. 5. f. 4. Quare impedit by the Husband and his Wife and counts that they were seised of a Mannour in Right of his VVife to which an Advowson was appendant and though he doth not shew what Estate it shall be intended the best Estate Fee Simple 36 H. 7. fol. 3. Trespasse and Counts of assault at D. and gave so many threatnings that about his businesse c. and doth not shew where and shall be intended at D. and good Plea good by Intendment till contrary be shewed PLowd Com. fol. 74. Assise Wimbishe Venire facias directed to the Coroners which surmise in the end that the Sheriffe is Cozen and the Assise to the Coroners is also except Curson his Cozen and it is good and shall be intended Cozen of the whole blood till the contrary be shewed by the Defendant 19 H. 8. f. 11. Trespass Defendant saith that B. was seised in Fee and died seised and that descended to him as Cozen and next Heire that is Sonne of N. Sister of B. Plaintiffe saith that B. had Issue a Daughter and that he as Guardian in Socage of his Daughter took her and good and though it might be that the Daughter were of the half blood it shall not be intended till it be shewed of the other part Plowd Com. f. 103. Fulmerâ—â—one Trespasse Defendant saith that in the thirtieth yeare of H 8. that W. Master of Rushworth and his fellow brethren let to him an an hundred Acres parcell of the Mannor of E. for fifty yeares Plaintiff saith That before that is in the yeare c. J. P. Master and his fellow brethren let to the Defendant the Mannor of E. except a Tenement late Largentine for sixty yeares and that by the Statute of 31 H. 8. for that that the first Lease was in being the second was voyd and though that by Replication he doth not shew that J. P. the Master was seised in right of the Colledge it shall be intended till contrary be shewed Plowdens Commentaries fol. 26. Colthirst Barr is good to common intent though it be not good to every speciall intent yet where parcell of the substance is left out it is not good It is good to common
he was possessed it is good and though it appear upon the Evidence that the Bargain was made beyond Sea and not in London yet for that the place is not local it is not material and though they were robbed upon the Sea the Action lies in London upon the Assumpsit 34 H. 8. Tit. 107. 40 Ed. 3. fol. 2. Precipe against H. Son of W. Osmond the Tenant at the great Cape came before he saved his default and saith that his Father is named Edmond and not Osmond and shall have that Plea before he save his default and that is material for mischeif of the Warrant 40 Ed. 3. f. 48. 41 Ed. 3. fol. 15. Ravishment of J. Heir to his Father where he was Heir to his Father and Mother for the Lands were given to the Father and Mother and to the Heirs of their two Bodies and the Mother survived and yet it is good for the Action is personal and it is not material if he be named Heir to one or other 43 Ed. 3. fol. 4. the same 3 H. 7. f. 14. Where a Jury appears and notwithstanding the Distresse for the Jurors were not wâ—ll returned it is not material and for that it shall not be assigned for Error 21 H. 7. fol. 36. It seems in the Case of a Lease of Common except profits that where a Lease is pleaded to be made one day and it is found by Verdict to be made another day the day is not material and the party shall recover and where Trespasse is alleadged to be made one day and it is found to be made another it is not material but the party shall recover 33. H. 7. f. 11. In an Obligation one is named of D. he is not estopped to say that he is dwelling at S. and not at D. for it is a recitall not materiall 34 H. 6. f. 21. Debt against J. wikes at Bristoll 38 H. 6. f. 9. The Array was challenged for that it was made at the denomination of the party by one J. S. the Sheriffs Clerk and given in Evidence that it was made at the denomination by the Baillff of the Franchise and that is good Evidence for the substance and effect is if it were made favourably or not and the other is not materiall 32 H. 6. fol. 3. The Original in Debt is two and forty pounds and there is a Supersedeas sued upon that for that the Defendant is Clerk of the Chancery and the Supersedeas doth mention four and forty pounds and yet for that he is a Clerk of the Chancery hath the priviledge allowed and the other is not material 36 H. 6. f. 2. Debt upon a Recognisance the Defendant pleads no such Record and it is certified Recognisance upon Condition not expressed and the Plaintiff shall recover otherwise it is if it were certified upon Condition therein 42 E. 3. f. 3. Covenant by one as Heir where a Covenant was made to his Father and his Heirs to sing Divine Service within his Mannour he need not to be named Heir whether he be named Heir or not it is not material for if he be Tenant of the Land it shall not abate for that for he that hath the Mannour shall have this Covenant for the thing is to be done upon the Land 44 Ed. 3. f. 38. 44. Ed. 3. fol. 45. Assise of Tenements in Belham Defendant pleads Recovery of the same Lands put in View in Eston and for that that the Town is not material in Assise for he shall recover by View of the Jurors is good 6 H. 7. fol. 6. Appeal against J. Hasset Cannon of the Monastery of W. the Defendant saith no such J. Hasset Cannon of the Monastery of W. it is not good for if he be Cannon or not it is not material but no such J. Hasset as is supposed by the Writ 10 H. 7. f. 27. 3 E. 2. tit Escheaâ— 8. In Escheat the Plaintif counts that his Tenant committed Felony for which he was attaint and the count was challenged for that he doth not say for what Felony and yet it is good for it is not materiall for what Felony it was 7 H. 4. f. 1. Debt by a woman Defendant pleads that shee is out-lawed at the Suit of J.S. and the Plaintif pleads no such Record and she was out-Lawed at the Suit of N.S. and she shall not be answered for it is not materiall at whose Suit she was out-Lawed 4 Ed. 4. fol. 29. Obligation is W.N. to be bound to J.S. and is to be paid to W. N. where it should be J. S. and this to be paid is not materiall for the Obligation is good without to be paid and may count solvendum J. S. and it is good 7. Ed. 4.5 Hominereplegiando by an Abbesse they were at Issue and it is a principle challenge that one of the Jury was cozen to a Nun of the Abbesse and it shall be tried if he were Cozen or not and it is not materiall how he is Cozen. 9 Ed. 4. fol. 4. A man is bound in an obligation the condition of that is if he go to the Church and marry his Daughter c. and he rides and marryes her that sufficeth and the other not materiall for the Marriage is the substance and not going or riding to do it 10 Ed. 4. fol. 13. Detinue against J. Curson and the writ was command J. Curson Son and Heire of J. Curson where in truth he was Son of William Curson and the Plaintiff counts of delivery of Goods and for that it is not materiall 12 Ed. 4. fol. 1. Trespasse of Goods taken the Defendant saith that in London there is a Market every day but Sunday and that J.S. sold them to him upon a Fryday and though he do not shew what year it is good for it is not materiall 22 Ed. 4. tit 128. Shewing of Deeds trespasse by Admistrator and counts of Goods taken out of his own possession he need not shew Letters of administration for that it is of his own possession and is not materiall 38 Ed. 3. tit 14 Detinue of writings by J. Son of T.W. it is no Plea that the Plaintif is a Bastard for he demands but Chattells whereof he was in possession and it is not materiall 15 H. 7. f. 11. Trespasse where the Defendant conveyes to him title by diverse scoffments of strangers the Plaintiff may traverse any which he will but if he convey any title from the Plaintiff himself that is more materiall and traversable 3 Ed. 4 fol. 19. Trespasse the Defendant saith that J.S. gave in taile to his Ancestor which dyed seised and this discended to him the Plaintiff saith that he was seised in Fee in right of his Church till the Defendant outed him and ought to traverse without that that J.S. gave in taile c. For this is most materiall 15 Ed. 4. fol. 2. the same 26 H. 8. f. 1. The King recites that for the good service that he had done in the Warrs
Steward that W. N. lying very sick 10 day of A. the year of the Reign of the aforesaid Lady the Queen 19. surrendred into the hands of the Lord by the hands of the said steward the Court being absent in the presence of R. C. R. P. and C. H. one tenement called Miles in which lately dwelt W. G. with all his lands and tenements within the prebend of J to the use and behoof of M. his wife for tearm of her life and aster the desease of the said M. the remainder to W. T. son of the foresaid W. the father and E daughter of the said W the father and sister of the aforesaid W. their sons and heirs upon this condition notwithstanding following that if it happen any of the aforesaid W. the son and E the daughter to dye without heirs of their body issuing that then he or she which did survive shall have enjoy the tenement aforesaid to them and their heirs for ever And upon this came into this Court the aforesaid M. did desire to be admitted into the Tenement aforesaid with the appurtenances to whom the Lord by J. K. his steward granted thereof seism by the rod to have to him in form aforesaid at the will of the Lord according to the custome of the Mannor and gave to the Lord for his fine for his entrance there had as it appears c. and made his fealty and is admitted thereof Tenant Item The death of a Coheir at this Court it was found by the Homagers that one W. W. one of the sons and Coheirs of R. W. dead which surely W.W. held of the Lord to him his heirs according to the custom of this Mannor the half of two messuages or tenements and one garden with the appurtenances in J and long before this Court dyed thereof seised within the age of 10 years and in the keeping of one R. M. according to the custome of the Mannor and that S. W is brother and sole heir of the aforesaid W. W. and of full age who being here present in the Court desired to be admitted Tenant to all the lands and tenements customary of which the said W W dyed thereof seised that is to the half of two messuages or tenements a Toft and garden with the appurtenances within the Mannor to which the Lord by his steward J. K. granted to him seisin thereof to have and to hold to him and his heirs of the Lord by the rod at the will of the Lord according to the custome of the Mannor aforesaid by the rent custome and services there first due and accustomed and gives to the Lord for his fine for his entrance as it appearsin the head and made to his Lord fealty and is admitted tenant thereof Also to this Court came J T Surrender in Court and surrendred into the hands of the Lord 10 acres of land either more or lesse with the appurtenances called S. 4 acres of pasture either more or lesse called B. and 4 acres of meddow be it more or lesse called K. customary to the use and behoof of R. B. Gentleman his heirs and assigns for ever by the rod at the will of the Lord according to the custome of the Mannor aforesaid to which R.B. the Lord by his Steward granted to him thereof seisin to have to him and his heirs of the Lord by the rent of 10 s. yearly and other services then first due and he gives the Lord for a Fine for having this entry therein 4 l. and made to the Lord fealty and is hereof admitted Tenant Also the Homagers say upon their Oath that on R S Death which held of the Lord as a Parcener by the custome of the Mannor nine Acres of customary Land with a grange together with T S his brother to him and to his Heirs dyed since the last Court so seised and that one J S his son and next heir of the said R. to the half aforesaid of the Land and Grange aforesaid and is of the Age of 8 years And upon this as wel the custody of the aforesaid F as the Land and grange aforesaid were committed to one S I as his next freind c. And found surety to the Court E N to restore to the aforesaid J. of the profits thereof when he should come to the age of 14 years Also they say upon their Oath that R W Encreâ— ment encroached upon the wast of the Lord at C in length 20 rods and in bredth one rod therefore he in mercy c. And it is ordained that he shall lay out the same before the feast of St. John Baptist next under the pain of forfeiting to the Lord for every Rod c. Also they say upon their Oath that G B Reâ—â—ous Bayliffe of the Lord such a day and year c. within the Lordship distrained H S for the Lords rent then by that foresaid H behind and not paid and that the aforesaid H then and there made Rescous upon the said G B therfore he in the mercy c. Pleas in Court Baron R. H. complaineth against C E and A his wife Formedon in Remainder of a Plea of Land that is to say of one house two Cottages 20 Acres of Meddow and 20 Acres of Pastor with the appurtenances in J within the Jurisdiction of this Court and made protestation to prosecute the Suit in forme and nature 〈◊〉 a Writ of the Queens of the forme of a gift in remainder at the common-Law and found sureties to prosecute that Suit in forme and nature aforesaid that is J.H. and R M and desires forthwith processe to be made for him according to the custome of the Mannor aforesaid against the aforesaid C and A his wife c. Therefore according to the custome of this Mannor used time out of minde It is commanded to the under Baâ—liffe of thiâ— Mannor aforesaid and the Officer of the foresaid Court that he should summon by good summoners the aforesaid C A that they should be before the suitors of the Court aforesaid the next Court of the Mannor aforesaid the Tuesday such a day held at the Mannor aforesaid to answer to the aforesaid R H of the aforesaid Plea c. The same day is given to the aforesaid R here c. To which truly next Court came aswell the aforesaid R H as the aforesaid C and A by J R their Attorney And the aforesaid Officer of the Court aforesaid returned here in the Court that that he by vertue of the command aforesaid to him directed had sunimoned the aforesaid C and A by good summoners that is by J D and R R to be here at this Court to answer the aforesaid R H of the aforesaid Plea of the aforesaid one house â— Cottages 20 Acres of Land 20 Acre of Meddow and 20 Acres of Pasture with the appurtenances as it was commanded him c. And upon this the said R H demandeth against