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
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
sworne before the Constable and Portreeve and not in the Leet this is no good prescription by the opinion of the Court 2 H. 4. Abbe and his predecessours have been seised of a rent by prescription out of the mannour of D. de tempore c. the Abbey is changed into a Deane and Chapter where they shall not prescribe in them and their predecessours de tempore c. upon this Statute Because they ought to prescribe part in the Abbe and his predecessours and then shew the alteration and prescribe by the name of Dean and Chapter c. 7 Ed. 4. Replevin the def. prescribes to have 10. pound for every daughter of every villain which is married in his mannour of D. de tempore c. and for to distraine the goods of the father for the same c. and for marriage of such a daughter of I.N. his villein he avoweth this is no good prescription upon this Statute Because he may take all their goods at the Common Law In an Assise the tenant said that hee leased to W.H. for life who aliened to the plantife in fee for which he entered the plantife said that it had beene used de tempore c. which in the Village of Dale ubi c. that whatsoever estate a man made that nothing should passe but onely his own estate and the rest to be void this is a good prescription upon this Statute Because a thing which may be intended to have a lawfull beginning as by grant or reasonable usage it is good as to have for every poll 4. pence of the cattell distrained or to kill the distresse which he takes dammage fesant or to have of every one which breakes his pound this is no good prescription against a stranger but against his owne tenants it is because it may begin by assent In a replevin the defendant said that the tenant held 4. acres of him by fealty and two shillings rent for which rent c. his auncestors have used de tempore c. to distraine this is no good prescription upon this Statute Because where the Common Law will serve he shall not prescribe A man prescribes in an Avowry that he c. have been seised of Cōmon without number in the place c. by 40. years before the making of the prescription this is no good prescription Because the Statute doth not warrant it albeit it speak of seisin within 60. yeeres The third DIVISION or LECTURE Where he that hath cause of action entry title or right and suffers this limitation to passe may have remedy afterwards and what remedy and where not As also where the laches of one shall prejudice another and where not and where a may may make a claime after 60. yeares and where not A Man sels his land by Indenture after the Statute and before the inrolment the vendor is atainted of felony committed after the bargain and before the inrolment and after thedeed is enrolled within six moneths the Lord enters for Escheate the vendee doth Ouster him and declares of a seisin by 60. yeares the Lord may re-enter and retaine notwithstanding the Statute Because that the Land is not vested in the Vendee untill enrollment and a matter of Record shall not have relation beyond the reste and measne acts vested shall not be devested And it seemeth that this Statute of Limitations doth not take away the right nor entry of none of his owne proper seisin but only his action prescription title and claime of the seisin of his auncestors and predecessors and if the vendor die before inrollment the Lord shall have the Ward A man seised of a Mannor and villain regardant in the right of his wife the villain purchaseth Lands the husband enters and dyeth his heire enters the wife may enter 61. yeares afterwards and retaine notwithstanding the Statute Because the husband shall not have the Land purchased in right of thewife and the wife was seised with him contrary of a termor or tenant for life which are seised jure proprio A man made a feoffement upon condition on the part of the feoffee the condition is broken the feoffee dyeth seised his heire enters the 60. yeares passe the feoffor may enter and retaine notwithstanding this Statute Because the Land is bound with a condition and if it be by deed it may be pleaded by Littleton tamen cave that he bring no action after his entrie because it seemeth that if he be driven to make title that then he is gone And the like seemeth if he be driven to plead that by way of bar but upon a generall issue hee may give it in evidence A feme disseiseres taketh a husband the disseisee releaseth to the husband and his heires all his right the husband dyeth the heire of the husband entereth the 60. yeares passe the wife may enter and retaine Because this release shall enure to the wife for albeit that the wife was itby wrong the husband was in by title and therefore that enures according to the estate and perfects the estate of the wife as a release to three feoffees of a disseisor where there are foure feoffees that enures to the rest but contrary of a rel. to one of the disseisors An infant seised of land takes a wife which hath issue a sonne the husband being then of the age of 8. yeares and after had another son the husband being of the age of 18. yeares the husband dyeth the youngest son enters and the eldest son enters upon him and continueth possession by 60. yeares yet the yongest may enter and retaine Because the eldest is bastard by reason of the age of the father 29. E. 3.54 38 and that such bastardy shall be tryed by Assise by speciall pleading A man seised of Lands hath 2. daughters and dyeth I. S. abateth and the eldest son makes claime a furlong disjunct from the land because he dareth not enter and after dies without issue 60. yeares after there the other sistermay enter and retaine Because the claime of one is an entry for the other and one assise shall serve for the entrer 38. E. 3.23 but such claime shall be within the view of the Land for otherwise it shall not stand for an entry upon tryall c. because the issue was taken 4. H. 4. And the Stat saith that a man shall not declare nor alleage any farther seisin of his Ancestor or Predecessor then within 60. yeares c. A man makes a feoffement in fee to I. N. upon condition that he shall deliver xx yards or c. of Wooll at Roan in France the feoffee doth not deliver it the feoffee enters and declares by 60. yeares the feoffee may claime or enter and retaine Because the condition is voide to bee performed beyond Sea which cannot be tryed here 10. H. 6. and therefore the entry of the feoffor was a disseisin vide 7. H. 6.14 A feme disseiseres takes a husband the husband
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