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A33621 An abridgement of the Lord Coke's commentary on Littleton collected by an unknown author; yet by a late edition pretended to be Sir Humphrey Davenport, Kt. And in this second impression purged from very many gross errors committed in the said former edition. With a table of the most remarkable things therein.; Institutes of the laws of England. Abridgments. Coke, Edward, Sir, 1552-1634.; Littleton, Thomas, Sir, d. 1481. aut; Davenport, Humphrey, Sir, 1566-1645, attributed name. 1651 (1651) Wing C4906; ESTC R217258 305,227 456

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Rebutter where 411 Richels invention examined 435 S Suits of Inheritance moveable and immoveable how 4 Seised when proper 14 Sur cui in vita where it lyeth not 22 Sponsalia 27 Senescallus unde his duty 81 Socagium quid unde 99 Serjeanty grand quid cui praestaretur ejus incidentia 112 Serjeanty petit quid cui praestandum ejus incidentia 113 Servi unde sic dicti 121 Servitudo unde ib. Simonia 124 Severance where 146 Sacramento repellitur infamis 147 Seisin of Rent seck by what it may be 165 Surviuorship not in trust 185 Survivorship where it shall take place 186 187 Stranger shall take advantage of a limitation pot of condition 216 Surrender absolute and conditionall 224 Succession in le post ●65 Statutes how constrained ●95 Seisin to maintain a writ of Right and to give a possessio fratris differ 309 Statute Merchant and Staple 319 Scire facias where c. 320 Suspension when 346 why ib. Seisin of part c. good where 348 Surrender proprie impropriè 369 Surrender by deed and without what 370 371 T Tenementum its extent 6 what passeth by it ibid. Tail Tallium unde 15 where that estate may not be barred 425 Tail what it was at Common Law 16 Tailed what may be ibid. Tail barred where and how 423 Ten. in tail pres possession how be is differenced from Tenant pur vie 20 21 Triall quid 128 Tenant apres possibility who 23 Treason and Felony punished 32 Terminus its signification in the Law 57 Terminus annorum debet esse certus determinatus 57 Tenant pur vie 53 Tenant pur ans 56 Tenant at will 66 What is his right ib. What his remedy 67 Differs from Tenant at sufferance 68 Tenant by Copy c. who 68 Tenant by the verge who 81 Tenure by Knights service what by whom 87 its incidents 92 93 Tenure quotuplex ratione correlativorum praestationum 104 Testamentum duplex 116 Tenementum quae complectitur 162 Tenants in common objects of severall praecipes 181 Trust diversified 185 186 Tenants in common who 194 195 What actions they may joyn in what not 198 199 Their grants and reservations how they enure 198 What actions are to be had betwixt themselves 201 202 Tender of money and refusall where peremptory 207 where not 209 Tender who may to save a condition ib. 209 Tail its incidents 229 Trespasse is joynt or severall at the will of the plaintiff 236 Tempus pacis belli 265 Tenure abridgeable how 336 Tenant in Tail what actions he shall have 360 What not ibid Tenant in Tail where he cannot discontinue 367 Titulus quid in C.L. 381 U Use its nature in operation 18 Uxor de facto de jure 26 Voiage Roiall what and by whom 87 Villenagii tenura quid 121 Villain who what he may have ibid. Villanus quomodo talis 122 Villain regardant 124 Villain where he shall have action against his Lord 128 130 Venire fac ' in a wrong place 129 Utlegatus might be killed any before the conquest 134 Villain priviledged 143 Quotifariam 144 Verdict is twofold 234 Usurae no current c. 262 View in another County 270 Usurpation what it effects 280 Uses how raised 295 What they are 296 The remedy for them ib. Usurpation will cause a remitter 301 Usurpatio quid quotuplex 303 Verdict speciall 336 Visitation by whom 379 Voucher per Tenant in Tail is a good action to remitter where 406 Voucher single double c. 223 Voucher by an heir speciall where and how 430 W Witnesse who when the triall is by witnesse 5 Witnesse challenged for what 5 Wife no witnesse against her husband 6 Woman when excluded to give testimony 6 Witness a man in his own cause 6 Witnesses necessary 7 Words general how limitable 11 Warranties upon whom they descend 12 Words in Tail to be observed 19 Waste what in what quotuplex ratione subjecti 64 by whom and against whom the several Writs 65 Wardship in a double relation 97 Wardship may be granted without any Deed 98 Warrantus quis quomodo summonitus 109 Warrantia chartae 110 Waviata or a woman outlawed 127 Wager of Law where it lieth not 316 323 324 Warranty in Law 440 441 Warrant ratione efficientis duplex 167 Warranty to whose benefit and who shall design 180 Warranty lineal nor collateral restrained by the Statute de donques 229 Warranty collateral avoided by entry where 266 When no Rebutter 280 Waste Tenant pur vie punishable where 372 Warranty works discontinuance ab effectu where 373 Waste in the Writ the wife received where 396 Waste damages not principal Waste by him in reversion 399 400 Warrantizo make Warranty indeed 440 Warrantia quid quotuplex quibus c. 401 409 410 414 Warranty collateral and Assets where a Barre 413 Warranty commencing disseisin 415 Warranty defeated in part and good in part 416 Warranty respecteth natural capacity 420 Warranty its extent 457 458 FINIS
use of the infant for the State is voidable But where an infant or a man of full age is disseised an entry by a stranger of his own head is good and vesteth presently the estare in the Infant or other disseisee So it is if Tenant for life make a Feoffment in fee an estranger may enter for a forfeiture in the name of him in the reversion and thereby the estate shall be vested in him P 39. El. Com Banco per Cur. 10. H 1. 16 7. E 3. 69 6. E 3. 6● pe● Thorp If the Mulier enter upon the Bastard and the Bastard recover the land in an Ass against the Mulier now is the interruption avoided and if the bastard die seised this shall barre the Mulier The possession of the King when he hath no cause of seisure shall be adjudged the possession of him for whose cause he seised 2. Ass 9. fo 245. b. Vide c. And note that the bastard must enter in vacuam poss and continue during his life without interruption made by the Mulier Acts without words may make an entry but not words without an act viz. an entry c. Pl. 91. Parson de Honi●awes case 35. H 6. 24. 1 E 3. 21 E 4. 3 21. E 4. 5. 5. E 60 21. H. 6. 9. Sect. 402. Null laches ser adjudge en un Infant lou discent è eschue durant son nonage 33. E 3. qu. imp 46. But in some other cases Laches shall prejudice an infant as if he present not to a Church within six moneths for the Law respecteth more the priviledge of the Church that the cure be served than the priviledge of Infancy and so the publike repose of the Realm concerning mens Freeholds and inheritance shall be preferred before the priviledge c. in case of a Fine where the time begins in the time of the Ancestor Pl. 372. So non-claime of a villeine of an infant by a year and a day who hath fled into Ancient demesne shall take away the seisure of the infant and if an infant bring not an appeal of the death of his Ancestors within a year and a day he is barred of his appeal for ever for the law respects more liberty and life than the priviledge of infancy and note that Littleton putteth his case that an Infant shall enter upon a discent when a stranger dyeth seised but he put it not so before in the case of the Bastardeigne B. Tenant in taile infeoffes A. in fee A. hath issue within age and dyeth B. abateth and dieth seised the issue of A. being still being within age this discent shall bind the infant for the issue in taile is remitted and the Law doth more respect ancient right in this case than the priviledge of an infant that had but a defeasible estate 11. E. 4. 1. 2. F.N.B. 35. 35 m And it is said if the K●ng dieseised of lands and the land discend to his successor that this shall bind an Infant for that the priviledge of an infant in this case hold not against the King 35. H. 6. 60. Fo. 246. a. Sect. 403. Si bar feme come en droit sa feme ont title droit denter c. Tenant delterre mor. seisie c. These words are generall but are particularly to be understood viz. when the wrong was don● to the wife during the Coverture for if a feme sole be seised of lands in fee and is disseised and then taketh husband in this case the husband and wife as in the right of the wife have right to enter yet the dying seised of the disseisor in that case shall take away the entry of the wife after the death of her husband and the reason is as wel for that she her self when she was s●●e might have entred recontinued the p●ssession as also it shall be acc●unted her folly that she would take such a husband which would not enter before the discent 9 H 7. 24. a. 2 E 4 25. 7 E. 4. 7. b. 15. E. 4 Discent 30. Negligentia semper habet infortunium comitem Laches le baron ne turnara la feme c. al prejudice Note a diversity albeit reg No Laches shall be accounted in infants or feme Coverts as is aforesaid for not entry or claime to avoid discents yet Laches shall be accounted in them for no performance of a condition anexed to an estate of land For if a feme be infeoffed either before or after marriage reserving a rent and for default of payment a re-entry I● that case the Laches of the baron shall disherit the wife forever 20. H. 6. 28. b. And so it is of an Infant his Laches for not performing of a condition anexed to a State either made to his Ancestor or himselfe shall bar him of the right of the Land for ever 31. Ass p. 17. 42. E. 31. Pl Com. 55. 10. H. 7. 13. H. 7. 35. H. 6. 41. Pl. 136. b. Pleta lib. 2. ca. 50. If a man make a Feoffment in fee to another reserving a rent and if he pay not the rent within a month that he shal double the rent and the Feofee dyeth his heire within age the Infant payeth not the rent he shall not by this Laches forfeit any thing But otherwise it is of a feme covert and the reason of this diversity is for that the Infant is provided for by the Statute Non current usurae contra aliquem infra aetatem existen c. Stat. Mert. ca 5 But that Statute doth not extend to a condition of a re-entry which the Infant ought to performe c. Sect 405 If an ideot make a Feoffment in fee he shall in pleading never avoid it c. But upon an office found for the King the King shall avoid the Feoffment for the benefit of the Ideot whose custody the Law giveth to the King 3● H 42 b Abb 5 E 3. ●0 Brit. c 28 fo ●6 25 Ass p 4 35. Ass p 10 32. E 3 scire fac 1●0 Stanf. pr ●4 Vpon all which books there have been four severall opinions concerning the alienation or other act of a man that is non compos mentis ●c 1. That he may avoid his own act by entry or plea. 2. That he may avoid it by writ and not by plea. 3. That he may avoid it either by plea or by writ and of this op●nion is Fitzh in his N B 202. And 4. Littleton here is of opinion that neither by plea not by writ nor otherwise he himselfe shall avoid it but ●is heire in respect his Anc. was non comp c shall avoid it by entry plea or writ for it is a maxime of the Common Lawes that the party shall not disable himselfe Lib. ● fo 126 127. Beverl●es case But this holdeth onely in civill causes for in criminal causes as felony c. the act of wrong of a mad man shall not be imputed to him for that in those causes actus non