advantage tomake their said titles within the said one yeare as the demandant demandants in such writ c. should or might have had or enjoyed in the said former action or suite Provided furthermore that if any false Verdict happen hereafter to be given or made in any of the said actions suites avowries prescriptions titles or claymes that then the partie grieved by reason of the same shall and may have his Attaint upon every such Verdict so given or made and the plaintiffe in the Attaint upon judgement for him given shall have his recovery execution and other advantage in like manner as heretofore hath beene used any thing in this Statute contained to the contrary notwithstanding OBSERVATIONS MADE BY THE READER By way of Introduction for the better understanding of the true meaning of this Statute How the Common Law was before the making of this Statute IT to be observed that by the Statute of Westminster the first Cap. 38. the limitation in a Writ of Right is from the time of Richard the first which is 340. yeares past And in a Writ of Assise of Novill dissesin in a Nuper obiit by the same Statute of Westminster the first post primam tranfretationem domini Hen. filii regis Johannis in vasconiam which is 300. yeares past And in a Writ of Mordancestor Ayle Cosinage and Nativo habendo and in a Writ of Entrie Post Coronationem domini Henrici filii Regis Johannis which is 325 yeares past And the said Statute of Westminster the second giveth the like limitation in Avowries as in an Assise of Novel disseisin that is to say Post primam transfretationem domini Henrici filii Regis Johannis in vasconiam which is 300. years past But now the Writ of Assise which was wont to be Quod disscisivit eum post primam transfretationem domini Henrici filii Regis Johannis in vasconiam shall be Quod disseisivit eum infra 30. annis jam ult. elapsos And whereas the Writ of Entrie was wont to be Quod disseisivit eum post primam transfretationem domini Henrici filii Regis Johannis in vasconiam It shall be now Quod disseisivit eum infra 50. annis jam ult. elapsos Also the Writs of Mordancestor which were Si obiit post Coronationem domini Henrici filii Regis Johannis shall now 〈◊〉 Si obiit infra 50. annis iam ult. elapsos Also the Writ of Nativo habendo which was Quod fugiit de terra sua post Coronationem domini Henrici filii Regis Johannis shall be recovered if it be brought of the seisin of his Ancestor Quod fugiit infra 50. annis iam ult. elapsos And if it be of his own seisin then Si fugiit infra 30. annos iam ult. elapsos And note that in all Writs of Right Ayle Cosinage Nuper obiit and in all Writs of Possession and in all other Writs in which men shall alleadge explees or make mention of any seisin that they shall be of the same forme as they were before the making of this Statute but when they declare then they shall make a speciall allegation of the explees within such a time within the limitation of this Statute that is to say Tempore Regis nunc and the like c. But if he alleadge the seisin within the time of such a King of which part may be within the limitation and part without there he shall alleadge the yeere certaine that is to say Capiendo inde exples c. an. 12. Reg. H. 7. or the like for that the Statute is that he shall alleadge seisin within the time and not beyond and therefore he may not alleage generally in the time of such aKing where part is within and part without for the doubt c. But where hee alleadgeth seisin An. octavo of such a King and in truth the seisin was An. 9. or in the tenth yeare this is not traversable but where the seisin was before which is out of the limitation that is materiall and issuable And note that if the seisin may be proved within the yeares before the limitation that sufficeth because the statute saith that if the seisin shall be traversed and the demandant cannot prove the seisin within the yeares before limited that he upon such tryall shall be barred and his heires c. Devisio 1ma In what actions these limitations shall hold place and in what Courts and in what not And where a man may make title beyond threescore yeares and what shall be good titles upon this Statute AN heire brought an Admeasurement of dower against the wife tenant in dower of this indowment being within age which indowment was two and thirty yeares past the action is not good Because this is to recover land and of his owne possession and lyeth well at full age A man brought a writ of Contra formam feoffamenti upon a deed bearing date in the time of Edward the third the account well lyeth Because it is to discharge himselfe and to recover nothing A man brings a writ of contribution upon a cause of action happening threescoreand one yeares past before the Writ purchased the Action lyeth well Because hee goeth to have dammages of the charge onely of the suite for part A Cessavit was brought of a Cessor 63. yeares past before the writ purchased the action lieth well Because it is not of the seisin of him nor of his ancesters in this land A man brought a writ of error upon an erroneous judgement given against his father 62. yeares before the writ purchased the action well lyeth Because nothing is prohibited but a writ of right and an action possessory of the seisin of him or his precessors or ancestors and this is not of his owne seisin and is onely to reverse the first judgement The Lord brought a writ de consuetudinibus servitiis of a deforcement 61. yeares past the account doth not lie because he is to recover a seigniory A Writ of false judgement was brought of a judgement given 61. yeares past the account lyeth well Because it is not properly a Writ of Right nor an action of possession and if it be neither nor of his owne seisin then he is not prohibited because that is properly of no seisin A man brings a Writ of Escheat of an Action accrued 62. yeeres before this Writ purchased the Action lyeth well Because it is not of the seisin of himselfe nor of his ancesters in this land but ratione dominii A Monstraverunt brought by tenants in ancient demesne and declares that the Lord demanded more services in the time of Ed. 4.61 yeares past then were demanded in the time of the Kings Progenitors yet the action well lyeth Because it is not to recover any thing but to discharge themselves of the services A writ of Nativo habendo was brought and declared of a seisin 61. years past the action
doth not lye Because he is to recover the villein and a termor shall not have his action by Fitzherb quaere inde butis a writ of Right in its nature or an action possessorie at the least A writ of Ne injustè vexes brought against the Lord to avoid an incroachment gained 61. yeares past the action lyeth Because it is onely to discharge the land and to recover nothing and yet it is a writ of right A man brought a writ of Mesne upon a deed of acquitall made 61. years past the action lyeth Because it is onely in discharge and is to recover nothing and is not properly a writ of right because battell nor grand assise doth not lie in it and he shal recover nothing but his acquitall and he is supposed in possession of his acquitall and it is not of the possession of the plaintife because it may be that neither he nor his ancesters were never acquited and that the Lord Paramount never demanded the services untill now and therefore the action is not restrained One brought a Quare Impedit and declared of the seisin of his ancestour 61 yeeres past by presentation and that afterward the Church became void and the Bishop presented by lapse and now his Clarke is dead c. the action well lyeth Because the avoidance which is the title is within the time of limitation because the lapse did not set him out of possession and he shall recover the presentation A man brought a Quo jure and declared of a time 61. yeares past the action lyeth Because though it be a writ of Right yet it is onely in discharge and to recover nothing A Warrantia Chartae is brought by one Quia timet implacitari and declares upon a warrantie made 61. years past the action well lyeth Because he shall recover nothing but his warrantie and if hee lose afterwards then he shall have in value by a Scire facias which is another action and also he must vouche afterwards c. and if he be impleaded in an Assise he shall give notice c. so that there shallbe other circumstances before that he shall recover A man brought an Assise of Nusance and declared of a Nusance levied by the defendant 32. yeeres past the action well lyeth Because he shall recover nothing but remove the Nusance A man brings a Quid juris clamat or a Per quae servitia against the tenant upon a fine levied of a reversion or services 62. yeeres past the action lyeth Because the reversion and services are in him and he demands nothing but attornement A Formedon in the Discender is brought of cause of action accrued 62. years past and within 60. yeares the action doth not lie Because that is an action possessorie and not a writ of right ut videtur Vide Dyer 278. 291. that a Formedon in Reverter and Remainder is not within the statute because the gift is the title A writ of Waste is brought of waste made 60. yeeres past the action lyeth Because no land is expresly demanded and he declares of no seisin A man brought a plaint in a base Court of customarie land and made protestation in the nature of a writ of Right at the Common Law and declares of a seisin 61. yeeres past the action doth not lie Because this is ruled by the equity of this Statute and so it was by the ancient limitation and also the declaration is in the nature of such a writ at the Common Law and every writ at the Common Law is ordered by this Statute Yet quaere whether this Statute extend to Copieholders as to the avowrie for services for it seemeth that it doth not but onely to free-holders because they shall not alledge seisin in his or their auncesters according to the words of the Statute but onely in the Lord A man brings a plaint in a priviledged Court or in Wales or in the Cinque-ports where they have authority to hold pleas per querelam and declares upon the ancient limitation it lyeth well Because the Statute speaks of the teste of the Writ so that it must be by Writ which this is not A man brought a writ of right close in ancient demeane he cannot declare of the ancient limitation Because the Statute speaks from the teste of the Writ In a writ of right of Warde the plaintife declared of seisin of service and seigniory c. 61. yeeres past and that his tenant died his heire within age and that the defendant deforced him this is a good declaration notwithstanding the Statute Because he was possessed of his seigniory until the deforcement which is within 61. yeeres and he shall recover but a chattell onely A man recovers certaine land by a Praecipe quod reddat or by another action the tenant dieth his heire enters the 61. yeares passe the demandant or his heire may have a Scire facias to execute the judgement Because this is not an action possessorie nor in the droit but a writ of execution and therefore out of the Statute A woman brought a writ of right of dower of the seisin of her husband 61. years past the action lyeth Because that is not of her owne seisin nor of none of her ancestors nor predecessors neither is it an action possessorie and it is not prohibited by the statute A writ of Right of Disclaimer is brought and declareth of a Disclaimer 61. yeeres past this is a good declaration Because it is not of the seisin of his Ancestour nor predecessour but ratione dominii because this seisin shall be referred to the land and not to the seigniory as appeareth by expresse words of the Statute in the end of the third Article because the Statute speaks where he or his ancesters or predecessors were seised of the same land or tenements or hereditaments within 60. yeeres And also the Writ doth not demand land and yet it may recover land Tenant by the courtesie of England of a Mannour with estovers appendant is disturbed and after is outlawed of felony the King enters by office the tenant by curtesie dyeth 61. yeares after the utlawry the heire shall not have a Quod permittat Because it is a writ of right and to recover the common of estovers and the time is past and in this action he shall alledge seisin A man seised of an advowson presents and his Clarke is instituted and inducted and dyeth 61. yeeres after this statute the patron presents and is disturbed and he brings a writ of right of advowson he may declare of a seisin 61. yeeres past notwithstanding this statute Because he shall recover possession of the advowson and the possession of the presentation afterwards is a seisin for the patron in the patronage and also in this case he was seised within 60. yeares because he was seised untill the usurper disturbed him and that was within 60. yeares A Formedon of ten acres of land which passed against the tenant and judgement
the ancient limitation notwithstanding this Statute Because the ancient limitation was expired at Ascention 1546. and he which survived was not imprisoned and he is not heire to the other and so not aided Two parceners of which one was a seme Covert before the Statute had cause of action of two acres of land upon the ancient limitation tempore statuti hee which was not covert dyeth without issue the other shall not have an action upon the ancient limitation within the sixe yeares to recover the two acres Because she was to have but a moity and the other moity was bound in her sister by her larches because she and her heirs were bound by reason that she was not covert A man which had cause of action upon the ancient limitation had issue two sons and dyeth before the statute the eldest is professed in France at the time of the statute and the youngest is within age at the time of the Statute and after the eldest is deraigned and cometh backe out of France there the yongest which commeth at full age nor the eldest shall not have an action with the sixe yeares upon the ancient limitation Because the Statute doth not provide for those which were beyond sea unlesse they had cause of action at thetime of the Statute and a man in Religion had not cause of action at the time of the Statute and the youngest cannot have it because yet he is not heire A feme covert had cause of action upon the ancient limitation at the time of the Statute and after is divorced after Ascention 1546. and doth not commence action within the six yeares but the husband brings an Appeale within the six yeares which depends 18. yeares and afterwards the divorce is Repealed the husband dyeth the wife shall have an action upon the ancient limitation within other six yeares Because while the Appeale is depending the Espousals shall not be determined A man imprisoned at the time of the Statute had cause of action upon the ancient limitation and after Ascention 1546. he goeth at large and going to West for to purchase his Writ is freshly arrested and imprisoned by 7. yeares and afterwards is inlarged he shall not have an action upon the ancient limitat within the 6. years after his enlargement Because the 6. yeares shall be accompted from his first enlargement A feme covert at the time of the Statute had cause of action upon the ancient limitation and after Ascention 1546. after her a divorce is had and the husband brings an Appeale which continued 8. yeares and is nonsuted in his Appeale the wife shall have an action upon the ancient limitation within the six yeares after the nonsute Because that depending the Appeale it is taken in the spirituall Law that the Espousals are not discharged A Daughter within age at the time of the Statute had cause of action Auncestral to 4. Acres of Land upon the ancient limitation and within one moneth after the Parliament another Daughter is borne they shall not recover the foure Acres by an action after taken within the six yeares upon the ancient limitation notwithstanding this proviso of the Stat. A man of non sane memory at the time of the Statute or an Ideot had cause of action Tempore Statuti and dyeth after Ascention 1546. his heire shall never have an action Because he is not aided by the Statute and the ancient limitation is expired A man which had cause of action upon the ancient limitation at the time of the Statute is excommunicated and brought his action before Ascention 1546. is disabled by the excomunication and after Ascention 1546. is absolved he shall well have his action upon the ancient limitation Because the ancient Writ shall serve him because that shall not abate but shall delay the plea and shall be revived by Resummons and it was taken before Ascention c. and therefore well A man which was an infant at the time of the Statute and then having cause of action upon the ancient limitation brought his action upon the ancient limitation after Ascention 1546. and within the six yeares and is nonsuited or his Writ abateth by the plea of the tenant and he brings another action within the sixe yeares he may declare upon the antient limitation Because the Statute warrants all thatwhich is within the sixe yeares A feme Covert at the time of the Statute had cause of action Auncestrall upon the auncient limitation and after Ascention 1546. she and her husband brought an action upon the auncient limitation within a yeere then following c. they shall not have an action notwithstanding this proviso of the Statute Because the wife is aided within the sixe yeares after discontinuance but not the husband and wife after Ascention 1546. the coverture containing because the ancient limitation is expired A daughter within age at the time of the Statute had cause of a Writ of Ayle and after a son is borne and enters and dyeth without issue the first Abator continueth his seisin the daughter shall not have an action against the Abator upon the Auncient limitation within the sixe yeares c. Because by the entry of the son the ancient action is determined she may have an action upon the new limitation as heire to the sonne A man which had cause of action uponthe ancient limitation at the time of the Statute dies within two dayes after the Statute his heire within age who comes to full age after Ascension 1546 he shall not have an action upon the ancient limitation within the 6. yeares Because his father was not an Infant nor imprisoned nor beyond sea at the time of the Statute and so he is not ayded A man which was beyond sea at the time of the making of the Statute had cause of action upon the ancient limitation and makes an Atturnie after Ascension 1546. who brought an action in the name of his Master upon the ancient limitation in absence of his Master the action doth not lie upon the ancient limitation Because it is not given but within six yeares after his returne and not after Ascension c. and in his absence and now the ancient limitation is expired A man which had cause of action upon the ancient limitation at the time to the Statute dyeth the next day after the Statute his daughter and heire beingfeme covert the husband dies after Ascension 1546. she shall not have an action within the 6. yeares upon the ancient limitation Because she had not cause of action at the time of the Statute and her father was neither an infant imprisoned nor beyond the sea at the time of the Statute and so he is not aided A man which had cause of action upon the ancient limitation at the time of the Statute dyeth one day after the Statute his son beyond sea who returnes after Ascension 1546. the said son shall not have an action within the sixe yeares upon the
if no such act had been made that would not serve because if no such act had been the seisin of the King by matter of Record extinguisheth all seigniories but the words of the act of the 1. suppression are saving to all estrangers their titles as if the Abbe had been living not a diver si tat A man is attainted of Treason by Act of Parliament and after the heire is restored in as high a manner as if no such attainder had been the Lord distraines for his Rent and rescous is made 32. yeares past the statute comes the Lord is imprisoned he had good cause of action for the Rent to have advantage of the 6. yeares Because all is revived as in the case of a condition c. A man holds of his sonne by 3. s. and dieth the sonne enters by which the seigniory is extinct and endoweth his mother of the third part of the land the Statute commeth the sonne beyondSea he hath cause of action of the third part of the Rent within the 6. yeares upon the ancient limitation if he be debtor 34. E. 3.15 that the wife is in by the husband and the seigniory was determined by the act of the Law and not by the act of the Lord as a purchase therefore she shall be attendant for the third part of the Rent What causes of action shall serve those which were infants and covert and the like tempore statuti what not A man gives land in tayle reserving Rent dieth his wife is endowed of the Rent the tenant in taile dieth without issue the heire of the dower enters and defeceth the wife of the Rent 52. years before the Statute and she is beyond sea at the time of the Statute she hath not cause of action upon the ancient limitation to use it within the sixe yeeres c. 10. E. 3. A woman seised of certain land takes a husband and after the husband enters in religion the wife aliens in fee after the husband is dereigned before the stat of desolutions enters is ousted by thealience 52. yeares before this Statute of limitations and is imprisoned at the time of the Statute he had good cause of action to use within sixe yeares upon the Auncient limitation 33. E. 3. Tit. entre A man seised in fee takes a wife the Lord of the land grants the seigniory to the wife and her husband in fee and the husband dies she accepts homage of the Tenant 52. yeares before the Statute and is beyond Sea at the time of the Statute she had not cause to have a writ of dowre upon the Land within the sixe yeares upon the Anncient limitation Because she had accepted the seigniory she shall not have both 11. E. 3. Land is given by Fine to one for life the remainder to one which was baptized by the name of John in fee and after hee in the remainder is confirmed by the name of William the Tenant for life dyeth an estranger enters 52. yeeres before the Statute hee in the remainder is imprisoned at the time of the statute this is not sufficient cause of action to have a Scire facias within the sixe yeares upon the auncient limitation 12. R. 2. contrary upon a purchase executed A mardeaseth for life and Tenant for life leaseth for anothers life upon condition enters for the condition broken he in the reversion enters 32. yeares before this statute the Tenant for life imprisoned tempore statuti he had not cause of action to enjoy the auncient limitation within the six yeares Because a forfeiture shall not revive A man who was beyond Sea at the time of the statute and had cause of action c. comes to dowre and incontinent the King sends him backe to warre in France who continueth there seven yeares in a fortresse and commeth back he shall not have his action within the six yeares nor otherwise A man seised in right of his wife aliens Mortmaine the Lord enters the husband dyeth 52. yeares before this statute the wife is beyond sea tempore statuti c. the wife had good cause of action to recover the Land within the six yeares of his returne upon the auncient limitation The Lord disseiseth his Tenant and makes a feoffment in fee upon condition and re-enters for the condition broken the Tenant enters upon him and rescoussetha distresse 30. yeares before this Statute the Lord is imprisoned at the time of the Statute he had not cause of action nor to avow for the Rent nor seigniory upon the antient limitation within the sixe yeares of his enlargement Because the Rent and seigniory were extinct before and cannot be revived by the condition An Alience hath issue a sonne and is made denizen and purchazeth Land and hath issue another sonne and dieth the youngest sonne entreth the eldest doth oust him 32. yeares before this Statute the youngest is imprisoned at the time of the Statute he hath good cause of action to use it within sixe yeares upon the ancient limitation Because he was not inheritable before his father was Denizen as the son of a villaine borne after the enfranchisment is free but contrary of him which was borne before c. Grandfather and son the Grandfather dies seised I. H. abates the son disseiseth him the father dies 33. yeares before this Statute I. H. hath not cause of action to use it within 6. yeares upon the ancient limitation Because the discent of the right of the Father to the sonne doth remit him A man leaseth land for life the tenant for life is disseised an ancester collaterall of the tenant for life releaseth with warrantty and dieth without issue 32. yeares past the Statute is made the tenant for life beyond the sea he had not cause of action to enjoy the sixe yeares by this branch of the Statute 15. H. 7. Tenant in tayle discontinueth and retaketh in fee and grants a Rent charge and makes a feoffment upon condition the grantee is defeced of the Rent the tenant in taile had issue and dieth the heire enters for the condition broken the grantee is imprisoned c. hee had good cause of action for the Rent by this branch c. Because the heire is not remitted for that that he entred at full age contrary of such an entry for a condition within age 8. H. 7. Grandfather Father and Son the grandfather is seised of certaine land with common appurtenance and is disseised of the Common brings an asseise and is non-suited enfeoffeth the father of the land with the appurt dieth the father dieth52 yeares before this statute the sonne within age at the time of the Statute no cause of action is to the sonne to have an action within the six yeares 4. E. 3. A man made a feoffment in fee to a woman upon condition that if he marry her that it shall be lawful to him to enter and he marrieth him and
THE READING Of that famous Lawyer Sr. Robert Brook Kt. Upon the Statute of LIMITATIONS 32. H. 8. Cap. 2. London Printed for Hen. Twyford and are to be sold at his Shop in Vine-Court in the Middle-Temple 1647. THE WORDS OF THE STATUTE OF 32. Hen. 8. Cap. 2. of Limitations NO person shall sue have or maintaine any writ of right or make any prescription title or claime to or for any Mannors Lands Tenements Rents Annuities Commons Pensions Portions Corodies or other Hereditaments of the possession of his or their Ancestors or predecessors and declare and alleadge any further seisin or possession ofhis or their ancestor or predecessor but onely of the seisin or possession of his Ancestor or predecessor which hath beene or now is or shall bee seised of the said Mannors Lands c. or other Hereditaments within sixtie yeares next before the teste of the same writ or next before the said prescription title or claime so sued commenced brought made or had No person or persons shall sue have or maintaine any Assesse of Morduncestor Cosinage Ayel writ of entrie upon dissease done to any of his Ancestors or predecessors or any other action possessory upon the possession of any of his Ancestors or predecessors for any Mannors Lands Tenements or other Hereditaments of any further seisin or possession of his or their Ancestor or predecessor but onely of the seisin or possession of his or their Ancestor or predecessor which was or hereafter shall be seised of the same Mannors Lands Tenements or other Hereditaments within 50. yeares next before the teste of the originall of the same writ to bee brought No person nor persons shall sue have or maintaine any action for any Mannors Lands Tenements or other Hereditaments of or upon his or their owne seisin above 30. yeares next before the teste of the originall of the same writ to be brought c. Nor shall make any avowry or cognisance for any Rent suite or service and alleadge any seisin of any suite or service in the same avowry or cognisance in the possession of his or their Ancestors or predecessor or predecessors or inhis owne possession or in the possession of any other whose estate he shall pretend or claime to have above fiftie yeares next before the making of the said Avowry or cognisance All formedous in reverter formedous in remainder and Scire facias upon fines of any Mannors Lands Tenements or other Hereditaments shall bee sued and taken within fiftie yeares next after the title and cause of action fallend and at no time after the said fiftie yeares passed If any person or persons doe at any time sue any of the said actions or writs for any Mannors Lands Tenements or other Hereditaments or make any avowry cognisance prescription title or claime of or for any rent suite service or other Hereditaments and cannot prove that he or they orhis or their Ancestors or predecessors were in actuall possession or seisin of or in the same Mannors Lands Tenements and Hereditaments and at any time within the yeares before limited in this act and in manner and forme aforesaid if the same be traversed or denied by the partie person or defendant then after such tryall therein had all every such person and persons and their heires shall from thenceforth be utterly barred for ever of all and every the said writs actions avowries cognisance prescription title and claime hereafter to be sued had or made of and for the same Mannors Lands c. or other the premisses or any part of the same Provided alwayes that every person and persons which now have any of the said actions writs avowries Scire facias Com. cognisance title claim or prescription depending or that shall hereafter bring any of the said actions or make any of the said avowries prescription title c. at any time before the Feast of the Ascention of our Lord 1546. shall alleadge the seisin of his or their ancestors or predecessors and his owne possession and seisin and have also all other like advantage to all intents and purposes in the same writs actions avowries cognisances and prescriptions titles and clayme as he or they might have had at any time before the making of this Statute Provided also that if any person being within the age of 21. yeares covert baron or in prison or out of this Realme of England nor having cause to sue or bring any of the said writs actions or to make any avowries cognisances prescriptions titles or claymes that such person or persons may sue commence or bring any of the said writs or actions or make any of the said avowries cognisances prescriptions titles or claime at any time within six yeares next after such person nor being within age shall accomplish the age of 21. yeares or within six yeares next after such person now being in prison shall bee enlarged or never being out of the Realme come into the Realme And that every such person in their said actions writs avowries cognisances prescriptions title or clayme to be made c. within the said six yeares shall alleadge within the said six yeares the seisin of his or their Ancestors or predecessors or of his owne possession or of the possession of those whose estate hee shall thenclayme And also within the same six yeares shall have all and every such advantages in the same as he or they might have had before the making of this act Provided also that if it happen the said person now being within age convert baron in prison or out of this Realme having cause to sue or bring any of the said writs avowries cognisances descriptions c. to die within age or during condition c. or to decease within six yeares next after such person shall attaine his full age or be at large c. and no determination or judgement had of such titles actions or rights to them so accrued then the next heire to such person or persons shall have and enjoy such liberty and advantage to sue c. within six yeares next after the death of such person or persons now imprisoned c. insuch manner as the same infant after his full age or the said woman covert after c. should or might have had within six yeares then next ensuing by vertue of the provision last before rehearsed Provided also that if any person before Ascension 1546. sue or commence any of the said writs c. or make any avowry c. and the same happen by the death of any of the sayd parties to bee abated before judgement or determination thereof then the same person or persons being demandants or avowants or making such title prescription c. being then alive and if not then the next heire of such person so deceased may pursue his action and make his avowry c. upon the same matter within one yeare next after such action or suite abated and shall enjoy all such
life to him 52. years past by his deed c. judgement c. and this is a good bar and shall be tryed notwithstanding the Statute c. and this notwithstanding that it was in the life of the auncester and without answering to the dying seised Because the Writ and Declaration is but a supposall and the barre is matter in fait A fine is levyed of land which is ancient demeane and after I. H. brings a Writ of right close in the Court of ancient demeasne and recovers the land upon issue upon the seisin against the tenant in taile which dyeth his issue shall be bound by this tryall Because it is not void but voidable because it is impleadable there by a part right patent and it is but one writ brought for another An Assise the tenant saith that the great Grandfather of this plaintiffe infeoffed W.N. who infeoffed the tenant 32. yeares past iudgement c. this barre shall be tryed notwithstanding this Statute and notwithstanding that the Plaintiffe had dyed Because that this matter in fayt and the writ and plaint is but a supposall Cessavit supposing the tenure by fealty and two shillings rent the tenant said that J.M. whose estate the demaundant had in the signiory after the ancient limitation and before the Stat of Westm. 2. enfeoffed the prior of D. to hold in frankaliens to hold by all services by the deed which he shewed c. whose estate he had in the land to hold quite for all services judgement c. this is a good barre notwithstanding the seisin afterwards and shall be tried notwithstanding the Statute 31. E. 3. Fitz Cessavit 22. Avowry for suit of Court to every two Courts and at the third to goe free and alleaged seisin the Plaintiffe said that he and two others held joyntly 3. acres of land of the defendant by suit of Court Vnde c. 60. years past the defendant brought a Cessavit against them and he another after and the third made a default after default wherefore the defendant reiceived a third part had execution in severalty judgement c. this is a good baâ—… and it shall be tryed notwithstanding thatthis is out of the limitation Because the Lord cannot take the suit and be contrary to the suit Assise of lands in D. they are at issue upon the seisin the assisse finde for the Plaintiffe and thereby he recovereth the tenant dieth and his heire brings a precipe against the Plaintiffe in the assise of land in D. the Plaintiffe in the assise pleades the first recovery of the same lands in D. and averreth that all is one and the same land the demaundant shall not be bound by the first tryall 14. E. 3. p. 9. A man recovers in a precipe in the Common pleas land in the Cinque-ports upon issue upon the seisin the tenant dyeth his heire brings an action in the Cinque-ports of the same land he shall be bound by the first tryall 9. H. 7.12 In the County Palatine a Commission in Ayre issued and after another Commission in Ayre issued who repealed the first and I.N. recovered land upon issue upon the seisin before the first Commissioners the tenant dyes his heire shall be bound by this seisin in an action brought before the last Commissioners Because the first Commission is notdetermined before Proclamation or notice given to the first Commissioners 34. E. 3. p. 1. A man recovers in banco land which is in Lancaster upon issue upon the seisin the tenant which lost brought another action against the demandant at Lancaster he shall not be bound by the first triall 9. H. 7.12 Because it was coram non judice breve Rs. non currit A man leaseth for life a man brings a precipe quod red of Rent against the tenant for life by covin and recovers upon issue upon the seisin the tenant for life dyeth he in the reversion shall not be bound by this tryall Because a feint recovery shall bee avoyded by the Statute of 32. H. 8. and by this Statute the party and his heires shall be bound and he it the reversion is not heire A Cessavit by tenant in tayle they are at issue upon tryall of the seisin which is found for the tenant who hath judgement the demandant dyeth his issue shal not be barred by this tryall to make an avowry or to have another Cessavit afterwards Because this is none of the actions which is spoken of in the Statute and also the judgement is that hee shall be barred of the land and not of the seigniory and upon a new Cessavit the heire may averre a Cesser and the issue was upon a Cesser in the seignory and the Statute speakes of a seisin of the thing demaunded which is the land and not the seigniory Dowre they are at issue that the husband was never seised which is found against the demandant by which shee is barred her sonne and heire of her and her husband brings a Mortdancester against the same tenant he shall not be barred by the first tryall Because the first judgement was onely of Dowre and not of title and the heire claimes as heire and not as heire to the mother Lord mesne and tenant the tenant holds by fealty and sixpence and the mesne by homage fealty escuage andtwelve pence the measne makes an avowry upon the tenant for fealty sixpence and alleageth seisin of the fealty and rent in his father which is found and tried against him and iudgement given by this tryall the Lord may distraine the tenant and make avowry for homage fealty and 12 d. Because the Statute saith that by the tryall the measne and his heires shall be barred of all avowries and claimes therefore the menalty is gone and the tenant shall hold of the Lord which is his owne act as a Release Foreiudger and the like and claime extends to all interrests tamen quere because it seemeth that hee shall not be barred but onely in the action in which the tryall is Lord and tenant the Lord avoweth the Plaintiffe traverseth the seisin which is found for him and he hath iudgement and recovers dammages the Lord cannot bring a precipe quod reddat of the same rent against the Plaintiffe Because the Statute saith that that shall be a barre of all avowries andclaimes after yet it seemeth that the the law is contrary and that he shall be barred onely in his action Juris utrum passeth against the person upon the tryall of a seisin his successor shall be barred by this tryall Because within the equity of the Statute The seventh Lecture What Infants Feme Coverts and the like shall have actions and shall be aided by this Statute c. TWo joyntenants have cause of a Writ of entry upon the ancient limitation tempore statuti whereas one was imprisoned tempore statuti and after he which was imprisoned dieth the other shall not have an action within sixe moneths upon
ancient limitation Because he had not cause of action at the time of the Statute and his father was not priviledged as an infant and the like at the time c. Deane and Chapter have cause of action upon the ancient limitation at the time of the Statute the Deane within age at the time c. The Deane and Chapter after Ascension 1546. shall not have an action within the sixe yeares upon the ancient limitation Because Infancy shall not serve in his capacity An Infant which had cause of action upon the Auncient limitation takes a lease for three yeares which continueth tempore statuti he within age and after Ascention 1546. he comes to full age the terme expires hee shall not have an action upon t he Auncient limitation within the six yeares Because he had not cause of action at the time of the statute for it was not suspended A woman is disseised of a Rent charge 40. yeeres before the Statute by the Tenant of the land the tenant makes a lease of the land to the woman for yeares she takes a husband the Statute is made and after the terme expires and the husband dyes after Ascention 1546. she shall not have an action upon the Auncient limitation within the six yeares Because it was suspended at the time of the Statute and therefore no cause of action at the time c. Baron and feme have cause of action to xx acres of land in the wives right upon the Auncient limitation the husbandis imprisoned at the time of the Statute the husband and wife shall not have an action within the six yeares upon the ancient limitation Because the wife by whom the action accrueth was not imprisoned at the time and she by the coverture is not ayded by the Statute during the life of her husband For the Statute speakes of six yeares after discoverture and the husband and wife are not one person as to this purpose because she shall not joyne in an action for the imprisonment of her husband Lord and Tenant by homage fealty and Rent the Tenant leaseth the land to one for terme of life the remainder to I. N. in fee the Lord is desseised of the Rent by Tenant for life 31. yeares before the Statute he in the remainder dyeth without heir eand the Lord is beyond seas at the time of the Statute he shall not have an action of the Rent after Ascention 1546. within the six yeares upon the Auncient limitation Because the seigniory was extinct by the excheat of the remainder temporestatuti and the seigniorie was in him for a disseisin of the Rent is not a disseisin of the service and so no cause of action tempore statuti Lord and Tenant the tenant defeceth the Lord of his rents and services 32. yeares before the Statute and after enfeoffeth the Lord and I.N. of the Land and maketh livery to I.N. and the Lord is imprisoned tempore statuti who commeth at large after Ascension 1546. hee shall have an action upon the ancient limitation within the fixe yeares Because the Livery was not made to the Lord and the user of the action is a disclaimer Two parceners which are within age at the time of the Statute have cause of action auncestral upon the ancient limitation one comes at full age within a moneth after Ascension 1546. and the other comes at full age 8. yeares after c. they may bring their action upon the ancient limitation within 6. years after the full age of the yongest notwithstanding that it be x. yeares after the full age of the eldest Because that they are but one heire and the age of the one shall stay the parcell for the other A daughter within age at the time of the Statute had cause of an Aff. of Mortdancester upon the ancient limitation as heire of her father and after Ascension 1546. a son is born and after he dyeth without issue the daughter shall not have in action upon the ancient limitation within the 6. yeares Because her action was once extinguished by the birth of the son A Parson of a Church had cause of an Assise tempore statuti of a disseisin 32. yeares before c. and is imprisoned at the time of the Statute and is deposed and another put in and afterwards the new Parson is deposed and the first is inducted Parson againe he shall not have an Assise upon the ancient limitation within the sixe yeares Because that albeit that an Assise may revive as in case where a discent is had and after the Land discends to the disseisor c. and outlawry and the like c. yet that is upon the ancient title which remaines in the plaintife but in this case the title was gone by the deprivation and he is now Parson by the new presentation and so a new title and his first charge lease and graunt are determined Alienee purchaseth land and is disseised 33. yeares before the Statute and is beyond the sea at the time of the Statute and after the King makes him denizen and he commeth backe he shall not have an Assise upon the ancient limitation within the sixe yeares by this proviso of the Statute Because he had not cause of an Assise at the time c. for that he was an Alien and an Alien borne is not to enjoy an action as a subject A man takes his Neife to wife I. N. enfeoffeth the husband and wife in fee the husband dieth the wife enters and is ousted by the heire of her husband who is desseised by I.S. 3. yeares before the Statute and the woman and the heire of the husband are beyond sea at the time of the Statute the heire shall have an action upon the ancient limitation within the sixe yeares and not the wife Because it is no enfranchisement by Nat. brev. for the wife shall not have dowre in that case and therefore the heire may enter in the land purchased by his villaine and so the action to him The eighth Lecture What causes are sufficient causes of action vested in in such persons at the time of the Statute to have an action upon the Auncient limitation within the sixe yeares and to take advantage of the sixe yeares and which not IF the King gives land of the suppression of 27. H. 8. to I. S. in fee which was holden by the Abbey of D. of I. S. by fealty and xx s Rent I. N. distraines for the Rent I.S. makes a rescous 32. years passe the Statute commeth I.N. beyond Sea he had cause of action for the Rent by this branch of the Statute to have advantage of the sixe yeares Because the act reserves Rents and services to strangers but otherwise it is where the King is entituled by double matter of record as for forfeits for treason and office found orby office found for not doing of their duty for in those cases if the act of Parliament give that to the King saving titles of estrangers as
to have another Action within another sixe yeeres Because the issue was true but now the issue in tayle may confesse and avoid this iudgement 12. E. 4. He which was imprisoned at the time of the Statute had cause of Attaint upon the antient limitation and brings that within the 6. yeeres and after is non-suited at the first day and dieth this is no determination against the heir but that he may have an attaint within another 6. yeeres Because the non-suit is not peremptory but where it is taken after 32. E. 3. A Quere in P. the Plaintife declares the defendant makes his bar the Plaintife is nonsuit this is a good determination against the Plaintife so that he shallnot have another Quere in P. Because the non-suit after appearance is peremptory 19. E. 4. A man that was beyond sea at the time of the Statute brings a writ of right close after Ascention c. and within the sixe yeeres upon the antient limitation in Auntient Demeane where the Lord had confirmed the state of the tenant before by Deed indented to hold by lesser services the tenant pleads a plea which is found for him the demandant is barred by iudgement and dieth within the sixe yeeres this is a good determination of the Action for ever so that the heir shall not have an Action within other sixe yeeres Because a Confirmation doth not make a Frank Fee because no alteration of possession contrary of a Fine or feoffment Two Parteners one releaseth to the other One brought a Precipe against both hee who released made default the other appears and prayes the view and will not take the intire tenancy the Demandant records the moietie of him which did not appeare by default and afteris non-suit and had execution of the moiety hee which lost is imprisoned at the time of the Statute and brings an Assise after Ascention c. and within the 6. yeares against him which recorded upon the antient limitation and dies within the sixe yeeres this iudgement aforesaid is not a determination against the heir to bring a writ of Entry in the quibus or another Action within other 6. yeeres 22. E. 6. Because a Recovery against him who had nothing is of no validity c. nor shall not binde him A man which was an infant at the time of the Statute makes a plaint of Mordauncestor without an original before the Iustices of Assise upon the antient limitation after Ascention c. and within the 6. yeers the tenant pleads in bar which is found for him and had iudgement against the Plaintife the Plaintife dies within the 6. yeeres this iudgement is no determination against the heir to oust him of an Action within 6. other yeares For it is void and coram non judice otherwise if the triall had been in banco A man which was imprisoned at the time of the Statute brings a Cui in vita in banco upon the antient limitation after Ascention c. and within the 6. yeeres the tenant appears and pleads and barres the Demandant by demurre by which iudgement is given this iudgement shall be a determination against the heir to bring another action Because it is not voide but error because this court had authoritie contrary of Iustices of Assise without a writ and patent of Assise for the others have a generall commission A man which was beyond sea at the time of the Statute brings an Ass after Ascention 1546. upon the antient limitation and within the 6. yeeres which remained c. one of the Justices dieth and the Plaintife is associated to the other Iustice and iudgement is given against the Plaintife at the next Sessions upon issue tried and he dies within the 6. yeeres this is a determination against the heir for ever so that he shall never have action within the 6. yeers nor otherwise Because now it is not error by reason of the Statute of Ieofayles and it may be that there were two persons notwithstanding the wards of the Record He which was an Infant tempore statuti brings a formedon after Ascention and within the 6. yeeres after upon the antient limitation against tenant for life who disclaimeth the demandant hath iudgement and enters and the tenant for life dieth he in the reversion enters upon the demandant and the demandant dies within the 6. yeers this Iudgem and execution thereupon is not a determination against the heir in tayle but that he may have another action against him in the reversion within the other sixe yeeres Because upon the disclaymer the iudgment is no other but that the writ shall abaâ—e and the demandant to enter in at his perill which doth not binde him in the reversion contrary of a Recovery against tenant for life note the difference 36. H. 6. f. 30. A man leaseth land for another manslife and grants the reversion over the tenant Aff. and aliens in fee hee in the reversion is beyond sea tempore statuti c. and there dies his heire shall not have a writ of Entrie ad terminum qui preteriit within the 6. yeeres Because it doth not lie but for the first lessor and his heirs A Parson of a parish was imprisoned tempore statuti and brings a Imcis utrum after Ascention c. upon the antient limitation within the 6. yeeres which was adiudged against him upon a demurrer upon a plea pleaded to the writ and he dies within the 6. yeers this is no determination against the successor but that he may have another action within the 6. yeeres notwithstanding that the statute speaks of heirs only Because he is within the equitie of the Statute A Commission of Eyre issueth in the County of D. one which was an infant tempore statuti brings an Assise before them after Ascention c. upon the antient limitation within the 6. yeeres and depending that the Court of Kings bench commeth into the same County andproclaimes the peace and after the Tenant barres the Plaintife by demur upon the title the Plaintife dieth within the 6. yeers this is no good iudgement against the heir to bring an Action within another 6. yeeres Because the iudgement is voide by the comming of the Kings Bench and making of Proclamation or error at the least A Stativo habendo brought by a man which was beyond sea at the time of the Statute and after Ascention c. and upon the antient limitation within the sixe yeares the Plaintife declares and is non-suited and iudgement is given upon that and the Plaintife dieth within the sixe yeeres this is a determination against the heir so that he shall have no other action within other sixe yeeres Because the non-suit is peremptory in favorem libertatis He which was an infant tempore statuti brought a Cessavit upon the antient limitation after Ascention c. and within the sixe yeeres the Tenant pleads false Latine to the writ by which the writ abates by iudgement upon demurrer
thedemandant dieth within 6. yeeres this is a good determination so that the heire shall have an Action of that within other 6 yeeres Because he shall not have a Cessavit of a Cesser in his fathers time A Woman which was covert at the time of the Statute brings a Precipe in banco upon the antient limitation after Ascention c. and within sixe yeers of land in the County Palatine of Durham the tenant pleads a barre the demandant demurres and is barred by iudgement and dieth within the 6. yeeres this is no determination to oust the heir of an action within other 6. yeeres Because this is a void iudgement and coram non iudice contrary in the Cinque Ports and auntient dem The husband discontinueth the right of his wife and dies the Feoffee ceaseth the lord records by a Cessav the wife beyond sea at the time of the Statute the wife dies within the 6. yeeres this iudgement is no determination against the heir but that he may have another action within another 6. yeeres Because his title is before the Cesser for albeit the Recovery in the Cessavit against the husband and wife shall binde yet otherwise it is when the wife is not party A Precipe by a man which was beyond sea at the time of the Statute brought within the 6. yeers the Bailiffes of D. demand conusance and ousted of it by reason of failee of right and they demand cognisance againe and traverse the failer of right and the Demandant also and the Tenant joyneth in issue to the Bailifes and the issue is found against the Bailiffes by which judgement is given the demand dieth this judgement is a determination to the heir so that hee need not have another action within other 6. yeeres Because the tenant had lost the land and the heir may enter if he will The tenth Lecture Of Determinations in fait What matters and what things shall be said good Determinations of Titles and Rights of Infants Fem. Coverts and the like at the time of the statute so that if they die within the 6. yeers their heires shall not have advantage of another sixe yeeres IN had cause of Action upon the antient limitation against a villain and is beyond sea tempore statuti and returneth An auncester collateral of I. N. releaseth to the villain with warranty the Lord of the villain enters the auncester collaterall dies without issue J. N. dieth within the 6. yeeres this is no Determinationto hinder the heire I. N. to have an action within another 6. yeeres Because the warranty is not descended upon the possession of him to whom it was made 22. Ass He which was an Infant tempore statuti and had cause of action to a Rent-charge upon the antient limitation out of Ten acres of land enters into one acre at full age and enfeoffeth an estrainger and dieth within the 6. yeeres the Tenant reenters the interest of the heir is gone to have an action within the other 6. yeeres Because a discharge of one acre by a tertious entrie is a discharge of all as by a purchase of one acre because there cannot be an apportionment and notwithstanding that he would enter as heir yet if the disseisee would would not re-enter upon him the rent shall not revive A man which was an infant tempore statuti had cause of action upon the antient limitation for common out of twenty acres of land the tenant of the soyle enfeoffeth the infant of the land unde c upon condition the infant enfeoffeth astranger and dieth within the 6. yeeres the feoffer enters for the condition broken the title of the heir is not determined Because of the infancy at the time of the feoffment and the regresse of the feoffer revives all He which was an Infant at the time of the Statute had cause of action upon the antient limitation to a Rent charge the tenant of the soile deviseth the land to the infant for to sell according to the custome c. the infant comes of full age and sells and dieth within the 6. yeeres the title of the Rent is not determined but that his heir shall have remedy within another 6. yeeres Because the land out of which the Rent was issuing passed by the will of the devisor and not by the infant which sold Lord and tenant of 4. acres by foure pence Rent the Lord is disseised of the Rent by the tenant 33. yeeres before the Statute he being imprisoned at the time of the Statute and afterwards releaseth to the tenant all his right in one of the acres and had issue and diethwithin 6. yeeres the interest of the heir in the rent is not determined to have an action within the other 6. yeeres Because it is but for part as a purchase of one acre c. Lord and tenant the tenant is disseised 60. yeeres past and is beyond sea at the time of the Statute and returnes and is utlawed of felony by erroneous processe and dieth within the 6. yeeres the Lord enters the heir reverseth the utlary by error this action nor title to the land is not determined to have remedie within 6. other yeeres Because the reversing of the utlary ab initio reverseth the title of the land A man which was imprisoned at the the of the Statute had cause of a formedon upon the antient limitation upon an alienation with warranty and dieth within the 6. yeeres and had assetts descended which assetts was impaired by drowning in the time of the ancestor the title of the heir is not determined to have an action within the other 6. yeeres Because it is not asserts the day of the writ purchased 4 E. 3. contr. by Thiop A man which had title of action upon the antient limitation hath issue two sons and dieth the eldest in religion before the Statute of 31. H. 8. the youngest brings an action for the land and leeseth by false verdict the eldest is derained and he and the youngest are imprisoned at the time of the Statute and the youngest dieth within the 6. yeeres the title of the eldest is determined to have an action or an entry within other 6. yeers Because the youngest was barred as heir and none may have an attaint but the heir of the youngest and the verdict bindes the title A man makes a feoffment in fee upon condition the feoffee is disseised and imprisoned tempore statuti the feoffer had issue a daughter and dieth his wife privement enseint the daughter enters for the condition broken the feoffee dieth within the 6. yeeres and a son is borne of the wife of the feoffer the heir of the feoffee nor the son shall not have remedy within the other 6. yeeres Because this is as a purchase to the daughter tempore statuti A man seised of two acres of land intwo villages in one County is disseised by another that is to say of one acre at one time and of another acre at another
the writ the demandant shall not have advantage to oust him of the resceit 13. R. 2. And the same Law by Thorpe if the Tenant surrender pending the Writ A Precipe by one within years upon this branch of the Statute the Tenant vouches Process continueth untill the sequat c. The Demandant recoversagainst the tenant and after brings a new Precipe against the same Tenant within the year the Tenant vouches the same Vouchee again the Demandant nor the Vouchee shall not have advantage to oust him of the Voucher 10. E. 3. For the 1. seisin continueth because he took not execution and therefore the first warranty remains untill execution A Precipe by one upon this Article of the Statute within a year c. against two one makes default after default the other takes the entire tenancy and praies the view the Demandant demurs he shall have advantage to oust him of the view Because by the taking of the tenancy he had taken notice c. And the Statute is where a writ abates by non-tenure misnaming of the village c. Quod in modo brevi non erit visus concedendus Et quod concedatur visus ubi visus est necessarius c. A Precipe by him which was imprisoned tempore Statuti within six years c. Upon the ancient limitation the Tenant vouches half a yeare before the end of the six years the Vouchee casts a protection and after the year of that the Demandant sues a Resummons the Vouchee comes and enters the Demandant shall not have advantage to declare upon the ancient limitation Because the six years are past by the depending of the protection The twelfth Lecture Vpon what Verdicts given upon actions upon this limitation Attaint shall lie e contra and who shall have that and upon what cause e contra A Man recovers by Assise upon this limitation and after is ousted by the defendant and brings a Redisseisin and the Jury findes for the defendant by false verdict the plaintife shall not have an Attaint Because it is in a manner but an Enquest of Office A man leaseth for 23. yeares after Ascention c. and after ousts the termor and enfeoffeth I. N. who continueth seised untill the feoffor ousted him the feoffee brings an Assise upon this limitation against the feoffor the term or and both plead Nul tort and the Jury finds that the feoffor disseised the plaintife and acquits the termor the plaintife recovers the termor shall lose his terme and shall not have an Attaint Because the pleading is a conclusion against him to have the terme and the Jury found nothing against him A man enfeoffed another upon condition without deed and after enters for the condition broken after Ascention c. the feoffee brought an Assise which is taken upon the point of the Asseise the Jury found the seisin and disseisin by which the feoffee recovers the feoffor shall not have an Attaint Because they were not bound to finde the condition where it was not pleaded A man brought an Assise against two 32 years before Ascention c. One pleads Nul tort which is found againsthim to the dammage of 10. li. which is excessive and the other pleads a forrein Release he shall have an Attaint of the first verdict to which he was not party Because he is privy to the originall and charged with the dammages 39 H. 6.1 for the first Iury shall tax dammages A Mordauncester upon this limitation the Jury findes for the demandant 20 d. dammages where the dammages are 20 li. the demandant shall not have an Attaint And if in trespass they finde dammages 10 li. which is not but 10. d. the deft shall have an Attaint but if they finde 10. s· dammages where the dammage is 10. li the plaintife shall not have an Attaint quod nota differentiam between the Plaintife and Defendant Because that he which shall render the dammages if they are excessive shall have an Attaint but contrary of him which restraineth the dammages and they are too little And nota that the statute Articulo II. saith that a man shall have an Attaint and shallhave Judgement and Execution as heretofore c. which copulative refers that he shall have it after the 30 years or after 40 years And by the words Ascention c. nothing to the contrary c. because nothing is spoken to the contrary but only the limitation of time c. A man recovers in an Asseise upon the ancient limitation and had dammages 10. li. which are excessive the plaintife releases his dammages and hath judgement and recovers the defendant shall not have an Attaint of the dammages Because he is not grieved 12. E. 4.5 A Mannor with a villain regardant is given to two and to the heire of one and the villain is found frank against them by an action tryed falsly he which had the fee dieth and after the other dies the heir of him which had the fee shall not have an Attaint Because it was once survived to the other joynt tenant which cannot discend to the heir of the otherafter 13 E. 4.2 because an estranger in blood An Asseise upon the new limitation the defendant joynt tenant by deed with a stranger which comes and joyneth and maintaines the joynt-tenancy which is found against them by false verdict the defendant dieth the other which joyned and which was party to the issue shall not have an Attaint Because he is a stranger to the originall but he may have an Assise A Writ of Entry in the nature of an Assise upon the new limitation against two which plead the generall issue the Jury finde that one made the disseisin ad damnum 20 li. and acquit the other whereas in verity none of them made any disseisin he which is found disseisor dieth the other shall not have an Attaint and yet the verdict is false Because he is acquitted and so not grieved tit. brief Fitz. 287. A man had issue a son his wife dies he taketh another wife and land is given to him and to the heirs of his body upon his second wife engenderedby whom he had issue another son leeseth by false verdict after Ascent c. and dieth the heir to the Entayl shall not have an attaint Because that discends to the eldest son and no mischiefe because the youngest son may falsifie the recovery 21 H. 6.31 In a precipe the tenant voucheth the vouchee enters and voucheth over one which enters leeseth by false verdict the demandant had judgement and enters no execution in value is made over against the vouchee and after the vouchee brings an Attaint fourty years after it lyeth well Because forasmuch as judgement and execution is had against the tenant he may have in value at his pleasure and yet if no execution had been against the tenant no Attaint shall lye And yet it seemeth that by the judgement without the execution in an