2. s. and sute of Court the Lord brings a Cessavit against both and hath execution and distraines in the other moity and makes an avowry for sute upon a seisin within 50. yeares according to this Statute this avowry is not good Because by this recovery and execution the entire sute is gone because he cannot be contributory to himselfe contrary of a rent because that shall be apportioned note the difference Lord and Tenant by fealty and foure shillings rent the Lord releases the rent to the tenant and to the heires of his body the tenant dies without issue the Lord distraines his next heire and makes an avowry upon this limitation for rent due after the death of the Tenant the avowry well lyeth Because a release for one houre to tenant in fee-simple as to the title of the Land is good for ever and yet contrary of a rent Fitz Voucher 120.13 E. 3.92 because that was his estate in the rent and so is it there adiudged Lords measne and tenant every one holds of each other by iiii d the Lord releaseth to the Tenant all his right in the Land and after the measne distraines and avowes for iiii d upon the tenant upon this limitation the avowry doth not lie Because by the release the moity is extinct Lord and Tenant by fealty and iiii d rent the rent is behinde the Lord disseiseth the Tenant of the same Land and continueth possession by a yeare and after the tenant recovers by an Assise the Lord distraines and makes an avowry for arrerages due before the disseisin upon this limitation this is a good avowry 8. E. 3.37 Because all is received by the recovery and nothing shall be recompted but that which is before the unity A man hath issue a son and a daughter by one Venter and a son by another and is seised of two acres of Land and grants x. s. rent charge in fee out of one to the son the son dies without issue and after the father dyes the daughters enter and make partition and the acre charged is allotted to the youngest the eldest daughter distraines his sister and makes an avowry upon this limitation for 5. s. this is goods Because nothing is extinct but the moity of the rent for nothing is descended of the Land to the eldest daughter but the moity of the land but the entire rent is descended to him 34. E. 3. Quintons Case A man makes one Steward of his Mannor and gives x. li. fee to him with distresse officio suo exequendo with manger and boyer for terme of life and the Steward leaseth the fee and the manger and boyer to the Lord of the Mannor for foure yeares rendring to him 12 li per annum with clause of distressein the Mannor by deed indented the Steward doth not keep the Courts and afterwards distraines for the 12 li and makes an avowry upon this limitation the avowry doth not lie Because it is extinct by the nonfeasance of the services c. 20. E. 4.12 because when the Rent comes by reason of the Land there a lease to the Lord is a suspension but contrary where it commeth ratione personae per Curiam Tenant in taile aliens in fee with warranty and leaveth assets and dieth the issue is barred in a formedon the donor destraines and avowes upon the heire in taile of the seisin within 50. yeares the avowry is good upon the Statute Because this is nothing to the doner The fifth Lecture Of Formedons Whereas the Statute is that Formedons in reversion shall be brought within 50. yeares after title and cause of action accrued It is to be seen to whom action shall be said sufficiently accrued to take advantage of the Statute and from what time the 50. yeares shall be accounted è contra A Man lets Land to one for life the remainder to his own wife in tayle and dyeth the Tenant for life dies and I. N. enters Action is not accrued to the wife to have a formedon in remainder within the 50. yeares Because a gift immediat to his ownewife is not good but contrary of a feoffement to an use or a demise but if he in the remainder be not capable at the time of the livery hee shall never bee as in the case of Rikhill A man lets for life the remainder of I. N. in fee I. N. enters in religion the lessee for life dies the brother of I.N. enters and commits felony and is attainted the Lord enters for an Escheate I.N. is deraigned before 30. H. 8. no action of formedon in the remainder is accrued to him Because it was executed before in his heire and the forfeiture for felony is executed also and religious persons shall not be capable by the Statute of 31. H. 8. A man leaseth for life the remainder to Deane and Chapter and to the heires of the Deane the Tenant for life dies I. N. enters the Deane and Chapter which then were die and others are chosen action is accrued to the heire of the Deane by a formedon in the remainder but not of all Because he had but a moity only A man leaseth for life the remainder in taile the tenant for life alieneth in fee no formedon in remainder is accrued to him in the remainder Because tenant for life is yet living and during his life a formedon lyeth not Lord measne and tenant the measne graunts his menasltie for terme of life the remainder over in taile the remainder over in fee the tenant attornes the terr tenant brings a Writ of measne against the measne for terme of life and forejudges him the measne for life dyeth a formedon is not accrued to him in the remainder Because the tenant of the Lord paramount by the forejudger and all the remainders is but the same seigniory because that albeit forejudger doth not lie against tenant for terme of life nor against tenant in tayle nor a feme covert yet the judgement is not void but error and the action doth not lie untill judgement reversed and in remainder by equity of the Statute which speakes of reversions 9. R. 2. cap. 3. A man gives Land for terme of life the remainder in fee the tenant for life is disseised the Lord brings a Writ of Right the Lord disclaimes against the disseisor and recovers upon the disclaimer the tenant for terme of life dyeth the Lord enters action is accrued to him in the remainder by a formedon in remainder Because that he in the remainder is not bound A man gives in tayle to I. N. who leaseth for life and enters and dies without issue 60. yeares before Ascension 1546. the tenant for life dyes 26. yeares after he in the reversion may have a formed on in reverter post I. N. habit religionis assumpsit Because the Register warrants or formedon in discender and reverter but quaere of a remainder and the action doth not fall untill after the death of tenant for life and
the Stat. of 31. doth not make them capable which are expelled out of a house dissolved A woman sells her land to two by Indenture to have to one for terme of life and to another in tayle the remainder in fee and delivers the deed and after takes a husband and after he and the wife within the 6. moneths cause that to bee enrolled and acknowledge it to be the deed of the wife the tenant for life dies the husband holds possession a formedon in remainder is not accrued to him in the remainder By reason of the husbands interest A man seised of a rent grants that to another to him and his heires or to the heires of his body the remainder in fee provided that if the grantee die his heires females within age that the rent shall cease during their nonage the grauntee hath issue two daughters one within age and the other of full age and dyeth without issue male I. N. haps the rent action is accrued by a formedon in remainder to him in the reversion in fee Because one is of full age and therefore the rent shall not cease A man disseised of two Acres by the Bishop of L. and after releases to the Bishop and his successors the Bishop gives in tayle and dyeth the tenant in tayle dies without issue a formedon in reverteraccrues to the successor of the Bishop and not to his heire Because where he was a disseisor of the fee at the first to him and his heires the release enures to an entry and feoffement Land in Gavelkinde is given to one in tayle who take a wife and dies without issue the wife holds all in dowre by custome and dyeth xx yeares after the death of the husband I. N. enters he in the reversion brings a formedon in reverter 60. yeares after the death of the husband and after this Statute the action is well brought by this branch of the Statute Because the action is not accrued untill after the death of the wife and so is it taken within 40. yeares after her death A man of non sane memory made a feoffement in fee and after is made Bishop of R. the feoffeâ— enfeoffes the Bishop to him and his successors which gives in tayle the tenant in tayle dies without issue the Bishop dies a formedon in reverter is accrued to the heire of the Bishop and not to his successor Because by the refeoffement the Bishop was remitted for his entry was congeable A man gives in tayle the remainder in fee the Lord brings a restraint against the tenant in tayle and he appeares and leaseth and dies without issue a formedon in remainder shall not accrue to him in the remainder within the 50. yeares Because the Land is lost by iudgement by Statute Law of W. 2.21 A man leaseth for life the remainder in tayle to another the remainder in fee to the first Tenant by a Fine the Tenant for life dies and he in the remainder in tayle dies without issue I. N enters action is accrued by Scire facias within the 50. yeares to the heire of the tenant for life notwithstanding the seisin of his Father Because the fee was not executed 38. E. 3.21 A man leaseth for life upon condition that if the leasee hath issue in his life that the Land shall remaine over to W. N. it fee the leasor recovers against their leasee by a Writ of Waste and hath execution the leasee hath issue and dyethno action of formedon is accrued to W. N. Because the fee remaines in the leasor untill the tenant hath issue and then the recovery defeates the first Livery A man gives to husband and wife in speciall taile by Fine the wife dyes without issue the husband leaseth his estate to him in the reversion upon a condition and for the condition broken he re-enters and dyeth a stranger enters action is accrued to him in the reversion within the 50. yeares by Scire facias Because the execution of the estate is defeated by the entry by the condition and he in the reversion may well have an action 38. E. 3.19 A man leaseth for life the remainder in tayle to I. N. the tenant for life is disseised an ancestor collaterall of the Tenant in tayle releaseth with warranty and dyes without issue the tenant for life re-enters upon the disseisor and dyeth the disseisor re-enters a formedon in the remainder is not accrued to him in the remainder Because the entry of tenant for lifeshall not remaine the remainder which was bound by the discent of the collaterall warranty before the entry c. 44. E. 3. Lord and Tenant the Tenant dies without heire I. N. enters and leaseth to the Lord for terme of another mans life the reversion over in tayle cesty que vy dyeth a formedon in remainder is accrued to him in the remainder Because the Lord cannot be remitted because he had no right of entry but a title and he had disclosed his intent to the contrary A man levyeth a Fine of a Mannor for terme of life the remainder over in fee and after a tenant of the Mannor dyeth without heire the conusor enters in the Land and hath the Mannor the tenant for life dyeth he in the remainder shall have a Scire facias of the Mannor within the 50. yeares and recover the Land escheated against him which enters c. And here it shall be by the name of a Mannor because now this is parcell of the Mannor because it is come instead of the services yet if he enter in this parcell only it seemeth that a Scire facias will not lie of that A man demiseth Land to I. N. for life upon condition to be Chaplaine and to pray for the soule of the demisor the remainder to another in tayle the demisor dyeth I. N. taketh the profits by 6. yeares and is no priest the heire of the devisor enters I. N. dyeth a formedon in reversion is accrued to him in the remainder within the 50. yeares Because the entry by the condition which depends only upon one estate doth not defeat the remainder which was not tyed to the condition but contrary where there was no remainder Note the diversity A man leaseth to I. N. and E. his wife for life the remainder over in fee I. N. dyeth and it is enacted by Parliament that all estates made to the said I. N. shall be void and the wife 12. yeares after Act of Parliament dyeth he in the remainder 60. yeares after the Act may have a formedon in remainder by this branch of the Statute Because the estate of the wife nor the remainder are not void by the limit action not accruing untill after the death of the wife and it is brought within 48. yeares c. 5. H. 7.30 A man leaseth for life the remainder over in fee the tenant for life leeseth by erroneous judgement and dyeth and he in the reversion twelve yeares after the death of tenant for
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
Two infants bring an Assise upon the antient limitation before Ascention c. and after Ascension the Assise abateth by death of one of the Plaintifes the other may have another Assise within the yeer freshly and shall have advantage to recover the entire costs of the first suit Because it is by journeys accounts c. He which was imprisoned at the time of the statute having cause of action c. and brings an action within the yeere within the end of the sixe yeeres according to the statute the tenant is essoined and after had the view and his atturney is essoined upon the view there the Demandant cannot declare upon the antient limitation notwithstanding the eighth and nineth article of the statute Because the sixe yeeres are past A Precipe quod reddat brought by one against two before ascension c. upon the antient limitation one of the tenants dies after ascension c. sc. termino Trin. and judgement is given that the writ shall abate in the terme of Saint Mich. next following c. and the demandant brings another writ which bears teste a yeer and two moneths after the death of the tenant and within the yeer of thejudgement he shall not have advantage to declare upon the antient limitation 21 E. 3. Because the statute is within the yeer after the writ abates and it is in truth abated by the death and the judgment shall have relation to the death contrariwise upon another abatement note the diversitie A man recovers his warranty pro loco tempore in a warantia charte before ascension c. quia timet implacitari and after leeseth in a Precipe or assise and after ascension brings a Scire facias within the yeere to have in value he shall not have advantage to have in value upon the first indictment Because he ought to have vouched or to have given notice in the first suit A man brought a Precipe before ascension c. upon the antient limitation which abates after ascension c. by death of the tenant and the Demandant brought another Precipe halfe a yeere within the yeere the tenant casts a protection which is allowed and after the yeere the demandant brings a Resummons he shall not have advantage to declare upon the antient limitation Because the yeere is past by the protection pending A man brings a Precipe upon a false limitation before ascension c. which abates after ascension c. by death of the tenant And the demandant brings another Precipe halfe a yeere within the yeere the tenant is essoyned de servitio Rs. which is admitted and after the expiration of that the Demandant comes to declare he shall not have advantage to declare the antient limitation Because the yeere is expired Two Parceners brought a writ of Aile before ascension c. upon the antient limitation and one had issue and dieth after ascension c. and the other and the issue brings a writ of Ayle within the yeere c. they shall not have advantage for to declare upon the antient limitation Because the ancester was grandfather to one and great grandfather to to other and therefore could not joyne and they shall not be aydedby the equality of the statute as in Mordauncestor A man brings a Precipe upon the antient limitation before ascension c. which abates by the death of the tenant after ascension and the Demandant brings another writ within the yeer and the tenant voucheth an infant within age of 19. yeeres by which the plea demurs and at full age the Demandant brought a Resummons against the Vouch the demandant shall not have advantage to declare against him upon the antient limitation Because the yeere is expired A man brought a Precipe upon the antient limitation before ascension c. against two tenants for life which abated after the ascension c. by the death of one of the Tenants the Demandant brings another writ within the yeer the tenant is essoined and after had the view and after the Demand declares the Ten. praieth in ayde of him in the reversion and had the ayde by reason whereof summons ad auxiliand issueth and the Prie is essoined so that the yeer is now past and now the Prie joyneth now the demandantshall have advantage to make his Declaration upon the antient limitation Because this is a new Declaration as against vouch and tenant by receipt but the Prie shall have oyer of the antient declaration nota differentiam A Precipe by him which was beyond sea tempore statuti c. upon the antient limitation brought within the sixe yeers the tenant voucheth an infant of the age of 15. yeeres by which the Parol demurres untill his age and after the vouchee upon a Resummons enters into the warranty the demandant shall not have advantage to declare upon the antient limitation Because the 6. yeers are past A Precipe brought by one within yeeres tempore statuti upon the antient limitation and they are at issue and at the habeas corpora or distringas juratores the Demandant is essoined within the yeer the Demandant shall have advantage to have the essoyne Fitz. tit. essoin. 20. E. 3. Because none can restraine him todelay himself A man brought a precipe against two Joynt-tenants upon the ancient limitation before Ascention c. which have the view and after Ascention the Writ is abated by the death of one of them the Demandant brings another Precipe against the other within the year and he demands the view again the Demandant shall have advantage to oust him of the view but contrary is it where the Demandant is non-suited or discontinueth and brings another Writ 12. E. 3. A Precipe quod reddat upon the ancient limitation against J. N. and W.S. before Ascension c. and the Writ abates after Ascension by the death of W. S. the Demandant brings another Precipe within the year c. against J. N. who said that the land was given to his father and to him and to the said W. S. which is dead and to the Heirs of his Father who died J. N. his Heir within age and praies his age the Demandant demurrs upon this matter he shall have advantage to oust the Tenant of his age Because the possession is by purchasenotwithstanding that the Fee be descended 30. E. 3. A Precipe brought within the year upon this branch of the Statute the Tenant voucheth within the year the Demandant sayeth that the Tenant is outlawed he shall have advantage by this matter to oust him of the voucher 25. E. 3. and the same Law is it that the vouchee is dead Because that voucher is in lieu of an action and a man out-lawed shall not have an action A Precipe brought by one upon this Article of the Statute against Tenant for life within a year which made default after default and he in the reversion prayes to be received the Demandant saith that he entred upon the land pending