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A29655 The reading of that famous lawyer, Sr. Robert Brook, Kt. upon the statute of limitations, 32.H.8. Cap. 2 Brooke, Robert, Sir, d. 1558. 1647 (1647) Wing B4897; ESTC R24091 61,813 188

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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
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 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 feoffe● 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
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
aliens and dyeth 52. yeares before the statute the wife is beyond sea at the time of the Statute she had cause of action by a Cui in vita to use it within the six yeares 5. E. 2. Because he was seised in right of his wife before and he could not enter upon himselfe The nineth Lecture Because the Statute in the ninth Article is That if those which were Infants Fem. Coverts and the like die within age Covert c. no judgement or Determination had of such Titles Actions or Rights that their next heir or heirs shall have like liberty and advantage within the sixe yeers next after the death of the Auncester as the Auncester might have had within the sixe yeers c. It is therefore at this time to be seen what judgements shall make a Determination of the Action in such Cases and e contra and what Persons shall be aided by this branch and what not A Man brought a Writ of Mortdauncestor after Ascention 1546. upon the Auntient Limitation and within the sixe yeers c. because that he was an Infant tempore statuti the Tenant pleads darrain scisin in the Demaundant judgement c. the Demaundant pleads an Estoppel which is adjudged against him in another Terme by whichjudgement is given c. the Demaundant dieth this judgement is a good determination of this action against the Heire to have such action within another sixe yeers Because albeit he be not party to the Writ and to all actions yet he is barred as to this action because the Heir may have a writ of coufinage or besaile and not a writ of Aile because he is not within the degree c. and the writ shall say de quo I. H. proavus suus fuit seisitus die quo obiit c. He which was an infant tempore statuti brought a Formedon after Ascention c. and within the 6. yeers c. upon the antient limitation is nonsuited iudgement is given upon that and he dieth his issue shall have another formedon within another 6. yeers upon the the antient limitation notwithstanding this Statute Because this is no determination of the action nor bayle but the heire shall have another Formedon and so is the intent of the Statute ut patet by another clause of the Statute A man which was imprisoned tempore statuti brings a writ of Right upon a disclaymer against his Tenant which had disclaimed the Tenant pleads Faux latin to the writ by which the writ abates by judgement the demandant dies within the 6. yeers his heire shall not have another 6. yeeres to bring his action in upon the antient limitation Because the heir shall not have droyt sur disclaymer by the disclaymer to his father 22. p. 6. He who was beyond sea at the time of the Statute brings a writ of entry in the per upon the antient limitation after ascention c. the writ abates by judgement by the death of the Tenant his heir entred and the demandant dieth within the 6. yeers this judgement is a good determination of this action against the heir so that he shall not have such another action within another 6. yeeres Because he shall have that in the Per and cui and not in the per A precipe upon the antient limitation after Ascention by a Fem. which was covert at the time of the Stat. and within 6. yeers the tenant pleads excommunicationin the Demandant which is adiudged for a good plea the demandant dieth within the 6. yeeres his heire shall have an action upon the antient limitation within another 6. yeeres notwithstanding this Iudgement Because it is but a demurrer of the parol which is not peremptory A woman which was covert tempore statuti brings a Formedon in remainder upon the antient limitation after Ascention c. within the sixe yeeres the tenant demands oyer of the deed of remainder and demurreth for the not shewing of it which demurrer is adiudged against the demandant and hee dieth within the 6. yeeres the Heire shall not have another Formedon within another 6. yeeres Because this iudgement is a bar at the time of the monstration Fitz. 19. 2 3.172 7 H. 6.19 and the iudgement is that the demandant shall take nothing by this writ A writ of Entry in the quibus is brought by the heir against a termor which doeth nothing and against another which pleads non disscisivit the termor is acquited and the other is found guilty the Plaintiffe recovers this is a good determination against the Termor so that he nor his Executors shall not have an action nor remedy notwithstanding that he had a good Title to the terme and the Plaintiffe no title to the land A man which was imprisoned at the time of the Statute brings an Assise after Ascention c. and within the 6. yeers upon the antient limitation the Tenant voucheth another Record of Assise brought by the Plaintife against him in which he was barred the Plaintife pleads nul tiel Record and a Record is certified brought against the Demandant and his wife by which Iudgement is given against the Plaintife who dies within the 6. yeers this Iudgement is a good determination so that the heir shall not have an action within other 6. yeers Because it is a good bar and no fayler of Record Heir in Tayl which was within age at the time of the Statute brought a writ of Right after Ascention c. upon the antient limitation and within the 6. yeers and he and the tenant ioynes the miseupon the meer droyt and after the Demandant made default by which iudgement finall is given and he dies within the 6. yeeres there the heir shall have an Action within other 6. yeeres notwithstanding this iudgement For he shall have a formedon because the default was the act of the father which shall not preiudice the Issue in tayle by the Statute of Westm. 2. A man which was beyond sea at the time of the Statute brings a writ of right after Ascention upon the antient limitation and within the 6. yeeres the Tenant tenders the half-mark for to enquire of the seisin which is found for him and iudgement finall is given the Demandant dies within 6. yeers this is not a good iudgement to oust the heir to have an action within another 6. yeers Because he may reverse that by error 34. E. 3. tit. Iudgement Fitz. 2 E. 6. and the enquiry of the seisin was no Issue and therefore is cleere by the Statute of Ieofayles Tenant in tayle which was imprisoned tempore statuti brings a writ of Nativo habendo of a villain regardant afterAscention c. and within the 6. yeers upon the antient limitation the Defendant pleads Frank c. and gives an enfranchisement by the Plaintife by deed in evidence the Iurie possesseth for him the Plaintife is barred by iudgement and dies within the 6. yeeres this is no determination against the heir