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
makes a lease for life and the disseisee releases all his right to the tenantfor life the tenant for life dyeth the husband dyeth having issue c. the heire enters the wife enters upon him and continueth possession by 60. yeares the heire of the husband may claime the Land or enter and retaine Because by the discontinuance the reversion was to the husband alone and therefore the release to tenant for life enureth to the estate of the Land and of him in the reversion Tit. Release Litt. 119. A man hath issue bastard reigne and mulier puisne and dyeth the bastard entreth and indoweth the wife of the father and dyeth and the tenant in dowre dyeth the issue of the bastard enters and continueth possession by 60. yeares the mulier cannot claime nor enter nor retaine Because that although the bastard doth not die seised as of a reversion yet the mulier cannot enter as heire of his auncestor after 60. years because that is a claime in Law A man seised hath issue two daughters the one a bastard reigne and the other a mulier puisne and dyeth the daughters enter and are impleaded and vouch an estranger who enters into the warranty and leeseth the demandant recovers and they over in value the mulier ousts the bastard and continueth possession 60. yeares the bastard may enter and retaine Because the Vouchee is a conclusion A villaine takes a wife and purchaseth Land to him and his wife in see the Lord enters the bastard dyeth the Lord continueth seisin 60. yeares passe after the death of the husband the wife may enter and retaine the Land Because there are no moities betweene husband and wife of a purchase during covertures A feme seised in fee sels the Land after the Statute by Deed indented and after is ravished and consents to the ravishor his son enters and after the Deed is inrolled within sixe moneths the vendee enters and is seised by 60. yeares the son may make claime or enter or retaine Because it was perfectly vested as where a daughter takes a perquisite or remainder and after a sonne is borne A man marrieth with his Neife and Land is given them in fee the husband dyeth without issue the heire enters the wife ousts him by a continuant by 60. yeares the heire may enter and retaine Because the marriage is not an enfranchisement and then by the death of the husband this is a purchase by the villaine because by Natura Brevium shee shall not have Dowre A man seised in right of his wife aliens in see upon a condition the husband dyeth the condition is broken the heire of the husband enters and continueth 60. yeares the wife may enter and retaine Because the entry of the heire purgeth the discontinuance 4. H. 6. A man hath issue two daughters the one a bastard and the other a mulier and holds of the King and dyeth seised the daughters enter and sue livery andafter the mulier ousts the bastard and continueth by 60. yeares the bastard may enter and retaine the avowry and if she be ousted she may have a Writ of Right Because the Livery is an Estoppell and a discent between privities shall not take away an entry and the bastard is privy by Estoppell A man is disseised of a messuage and dyeth the heire suffers 60. yeares to passe and after commeth to the doore to set his foot to enter the disseisor stands in the doore with a Sword by which the other dares not enter and afterwards in the same manner the disseisor dyeth seised and his heire enters this claime shall not serve the heire of the disseisee A feme covert is disseised the disseisor dyeth seised his heire enters the husband and wife dyeth the 60. yeares passe the heire of the wife cannot enter nor retaine Because this is a claime upon the seisin of the auncestor A man sels his Land by Indenture and after disclaimes in an avowry by which the Lord recovers by a Writ of Right sur disclaimer and enters and afterwards the vendor inrolls the Deed within the 6. moneths the vendee enters the sixe moneths passe the Lord may enter and retaine and if he be ousted he may have a Writ of Right and in all these Cases they claime of their proper seisin and not of the seisin of their auncestor or predecessor Two parceners bring a sur cui in vita the one is nonsuited summoned and severed the other recovers the moity and both enter and afterwards he which recovered ousteth the other and continueth by 60. yeares yet the other may enter with her sister and retaine and if she be ousted she may have a Writ of Right 19. H. 6. f. 4. A feme grants a reversion by deed in fee and takes the grantee to husband and after the tenant Attornes the husband dyeth his heire enters the wife ousteth him and continueth seisin by 60. yeares the heire of the husband may enter and retaine and if he be ousted he may have a Writ of Right Because the Attornment is good contrary if the graunt were to havebeen persons because then that will not passe by the Attornment for to prejudice the husband A feme sole makes a feoffement upon a condition that the feoffee shall re-enfeoffe him when he shall be required by him and takes a husband and makes request the feoffee refuseth by commandement of the husband the husband dyes and after the feoffee dyeth seised and his heire enters and continueth possession by 60. yeares the wife may enter and retaine and if shee be ousted she may have a Writ of Right Because her entry was changeable by the refusall by reason of the first condition notwithstanding the discent where it is upon condition 35. E. 3.11 and the request is good Tenant in tayle discontinueth and hath issue a daughter and dyeth the 60. yeares passe c. the daughter takes a husband the feoffee makes an estate to the husband and wife for the life of I. N. the husband dyeth I. N. dyeth the discontinued enters upon the wife she may enter and retaine Because she is remitted quaere because she cannot have an action by reason of the time past and then out of the case of remitter yet it seemeth that the issue in tayle which is outlawed and hath a release may be remitted A man is disseised and releaseth all his right to the disseisor upon condition that the disseisor shall enfeoffe him of other Land within a moneth the time expires no feoffement made the 60. yeares passe the disseisee may re-enter retain and if he be ousted he may have a Writ of Right by reason of the condition Tenant in tayle discontinueth the 60. yeares passe the issue in tayle disseâ—seth the discontinued and the discontinued hath issue within age and dyeth the heire in tayle dyeth seised his heire enters during the infancy of the heire of the discontinued the heire of the discontinued cannot enter nor retaine by reason
man is the Kings Baily makes cognisance for xx s. rent against the plaintife and declares of seisin in the King by the hands of the plaintife 60. yeares past this is a good cognisance Because the King is not bound by the Statute Avowry for x. s. Amerciaments in a Leet for breaking of the assise of bread and beare 50. yeares past this is good Because it is not for rent custome nor service A man graunts a rent charge of x. li. payable yearely at Michaelmas and if it be behinde fourteen dayes then to distraine aswell for the Rent as for xx s. nomine penae in this case if it be behindeby 14. dayes 50. yeares past the grantee may distrein and avow for the penalty but not for the rent Because out of the case of the Statute In a Replevin the Defendant said that W. leased the Mannor of D. to I. N. for terme of life and he as baily to the said I. N. distreines for rent due 51. yeares past and this day the said I. S. dyed and the Tenant that now is had sued a Replevin this is a good justification after this limitation notwithstanding this Statute Because this is a justification c. and the Statute 32. is that the Executor may make an avowry or have debt but the avowry of the party is determined by his death Tenant in tayle aliens in fee an ancestor collaterall of the donor releaseth with warranty and dyes without issue the donor distraines and avowes for the rent upon issue in tayle and not upon the feoffee for the arrerages due within 50. yeares and after the feoffement this avowry is not good upon this limitation Because that notwithstanding that hee shall not be driven to avow upon the feoffee and the feoffee connot plead the matter and the warranty doth not extend to service yet the service is incident to the reversion which is determined by the collaterall warranty descended and by the grant or release of the reversion the rent passeth and it appeareth 31. ass tit. Reservation 11. that the services cannot be taken from the reversion by grant because they are incident and the rent passeth not but as a rent seck of which no avowry lyeth and therefore a determination of the reversion is a determination of the rent Lord and Tenant by Harriot the lessor distraines and avowes upon the heire for Harriot of the Grand father and for Harriot of the Father of the plaintife upon a seisin 50. yeares this is a good avowry upon this Statute Because all is upon one survey Lords measne and tenant and every one holds of the other in chivalry the tenant goeth with the King into Scotlandby the common summons of the King and the measne doth not goe the Lord distraines and avowes upon the measne for escuage by a seisin within 50. yeares c. this is not a good avowry upon this Statute notwithstanding it bee within 50. yeares Because the avowry of the tenant shall serve the measne because that if the tenant doe the service that sufficeth Lord and Tenant the Tenant disclaimes in avowry the Lord dyeth the son distraines and alleageth seisin in the Father within 50. yeares and avowes for rent due to him within 50. yeares this is a good avowry upon this limitation Because the son cannot have a Writ of Right upon disclaimer upon a disclaimer made in the life of the father An avowry for that I. S. holds three acres of him by fealty and a Hawke which was arer. by x. yeares and that afterwards he enfeoffed the plaintife of one acre which was in arer. by two yeares and he comes and distraines theCattle for all the arrerages for x. yeares and avowes for two Hawkes for two yeares due that is to say x. cattle for one rent and two for another and alleageth seisin within 50. yeares c. this is a good avowry upon this limitation 22. E. 4. Because that every acre is charged with the entire arrerages which was due before this feoffement and every one shall hold by one Hawke after the feoffement and so now hee shall have two Hawkes and he may charge the feoffee with the arrerages of all Avowry for ayde to make the son a Knight the Land is of the value of x. li. by the yeare which is holden in Soccage and the son of 15. yeares of age c. and alleageth seisin within 50. yeares the plaintife pleads a release made by the Lord to him by 9. yeares past of all sutes services and demands besides fealty and x. s. rent this is no good avowry notwithstanding this matter Because that that which is incident cannot bee released by generall words 40. E. 3.14 A man distraines for ayde to marry his daughter 51. yeares past the Tenant cannot sue a replevin untill after the one and fifty yeares the Lord upon the matter makes an avowry for ayde due 51. yeares past which is out of this limitation yet this is a good avowry notwithstanding this Statute Because the ayde is incident to the tenure and is not rent sute nor service A village is assessed to x. li. for the fees of the Knights from the beginning of the Parliament 51. yeares past and cannot agree of his taxe betwixt them by which the Sheriffe distraines the village and makes an avowry for this summe due 51. yeares past this is good Because it is not rent sute nor service Fitz. Avowry 13. E. 4. The Guardian endowes the feme the time of the second husband reserving 3. s. rent by the yeare for equality and makes an avowry for the rent against the feme after the death of the second husband and alleageth seisin within 50. yeares the avowry is not good upon this limitation 17. E. 3. Because the woman was covert tempore c. and it is not like a rent reserved upon partition c. Replevin the defendant avowes for that that he leased his Land after this Statute to the plaintife at in c. for the yearely rent of xx s. per annum at to and in and for the rent due at in c. and within 50. yeares after he distraines and avowes this avowry is not good by this Statute c. Because when the terme is ended he cannot distraine I. N. holds of W. S. two acres of Land by 2. shillings and 3. other acres by 3. shillings the Lord distraines two Cattle in one Land and two in another and avows for 5. shillings by seisin within 50. yeares this is not good Because he shall make two avowries Lord and Tenant of three acres of Land holden by 3.d rent the Tenant leaseth one acre to the Lord for 12. yeares the Lord distraines in the other two acres and makes an avowry for two pence upon this limitation this avowry is not good Because a suspension for part is a suspension for all but by the extinguishment of part the rest shall be apportioned Nota differentiam Lord and two joyntenants by fealty
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
THE READING Of that famous Lawyer Sr. Robert Brook Kt. Upon the Statute of LIMITATIONS 32. H. 8. Cap. 2. London Printed for Hen. Twyford and are to be sold at his Shop in Vine-Court in the Middle-Temple 1647. THE WORDS OF THE STATUTE OF 32. Hen. 8. Cap. 2. of Limitations NO person shall sue have or maintaine any writ of right or make any prescription title or claime to or for any Mannors Lands Tenements Rents Annuities Commons Pensions Portions Corodies or other Hereditaments of the possession of his or their Ancestors or predecessors and declare and alleadge any further seisin or possession ofhis or their ancestor or predecessor but onely of the seisin or possession of his Ancestor or predecessor which hath beene or now is or shall bee seised of the said Mannors Lands c. or other Hereditaments within sixtie yeares next before the teste of the same writ or next before the said prescription title or claime so sued commenced brought made or had No person or persons shall sue have or maintaine any Assesse of Morduncestor Cosinage Ayel writ of entrie upon dissease done to any of his Ancestors or predecessors or any other action possessory upon the possession of any of his Ancestors or predecessors for any Mannors Lands Tenements or other Hereditaments of any further seisin or possession of his or their Ancestor or predecessor but onely of the seisin or possession of his or their Ancestor or predecessor which was or hereafter shall be seised of the same Mannors Lands Tenements or other Hereditaments within 50. yeares next before the teste of the originall of the same writ to bee brought No person nor persons shall sue have or maintaine any action for any Mannors Lands Tenements or other Hereditaments of or upon his or their owne seisin above 30. yeares next before the teste of the originall of the same writ to be brought c. Nor shall make any avowry or cognisance for any Rent suite or service and alleadge any seisin of any suite or service in the same avowry or cognisance in the possession of his or their Ancestors or predecessor or predecessors or inhis owne possession or in the possession of any other whose estate he shall pretend or claime to have above fiftie yeares next before the making of the said Avowry or cognisance All formedous in reverter formedous in remainder and Scire facias upon fines of any Mannors Lands Tenements or other Hereditaments shall bee sued and taken within fiftie yeares next after the title and cause of action fallend and at no time after the said fiftie yeares passed If any person or persons doe at any time sue any of the said actions or writs for any Mannors Lands Tenements or other Hereditaments or make any avowry cognisance prescription title or claime of or for any rent suite service or other Hereditaments and cannot prove that he or they orhis or their Ancestors or predecessors were in actuall possession or seisin of or in the same Mannors Lands Tenements and Hereditaments and at any time within the yeares before limited in this act and in manner and forme aforesaid if the same be traversed or denied by the partie person or defendant then after such tryall therein had all every such person and persons and their heires shall from thenceforth be utterly barred for ever of all and every the said writs actions avowries cognisance prescription title and claime hereafter to be sued had or made of and for the same Mannors Lands c. or other the premisses or any part of the same Provided alwayes that every person and persons which now have any of the said actions writs avowries Scire facias Com. cognisance title claim or prescription depending or that shall hereafter bring any of the said actions or make any of the said avowries prescription title c. at any time before the Feast of the Ascention of our Lord 1546. shall alleadge the seisin of his or their ancestors or predecessors and his owne possession and seisin and have also all other like advantage to all intents and purposes in the same writs actions avowries cognisances and prescriptions titles and clayme as he or they might have had at any time before the making of this Statute Provided also that if any person being within the age of 21. yeares covert baron or in prison or out of this Realme of England nor having cause to sue or bring any of the said writs actions or to make any avowries cognisances prescriptions titles or claymes that such person or persons may sue commence or bring any of the said writs or actions or make any of the said avowries cognisances prescriptions titles or claime at any time within six yeares next after such person nor being within age shall accomplish the age of 21. yeares or within six yeares next after such person now being in prison shall bee enlarged or never being out of the Realme come into the Realme And that every such person in their said actions writs avowries cognisances prescriptions title or clayme to be made c. within the said six yeares shall alleadge within the said six yeares the seisin of his or their Ancestors or predecessors or of his owne possession or of the possession of those whose estate hee shall thenclayme And also within the same six yeares shall have all and every such advantages in the same as he or they might have had before the making of this act Provided also that if it happen the said person now being within age convert baron in prison or out of this Realme having cause to sue or bring any of the said writs avowries cognisances descriptions c. to die within age or during condition c. or to decease within six yeares next after such person shall attaine his full age or be at large c. and no determination or judgement had of such titles actions or rights to them so accrued then the next heire to such person or persons shall have and enjoy such liberty and advantage to sue c. within six yeares next after the death of such person or persons now imprisoned c. insuch manner as the same infant after his full age or the said woman covert after c. should or might have had within six yeares then next ensuing by vertue of the provision last before rehearsed Provided also that if any person before Ascension 1546. sue or commence any of the said writs c. or make any avowry c. and the same happen by the death of any of the sayd parties to bee abated before judgement or determination thereof then the same person or persons being demandants or avowants or making such title prescription c. being then alive and if not then the next heire of such person so deceased may pursue his action and make his avowry c. upon the same matter within one yeare next after such action or suite abated and shall enjoy all such
life brings a Writ of errour and reverseth the judgement and an estranger enters and he in the remainder brings a formedon 60. yeares after the death of tenant for life the action well lyeth by the branch of this Statute which speaketh of 50. yeares Because the action is not accrued untill after the reversall and a Writ of error is not an action nor a release of actions is not a plea in this and he in the remainder shall have error by equity of the Statute by him in the reversion A man grants a seigniory in grosse to one in tayle the remainder over in fee by Fine the Tenant attornes and after aliens in Mortmaine the Tenant in tayle enters and makes a feoffement of the Land and dies without issue no Scire facias is accrued to him in the remainder of the Land nor of the Rent Because the Land was not given and the seisin was determined by the entryof the Tenant in tayle and the Statute of Mortmaine saith that Capitalis Dominus intrabit retinebit in feodo and therefore is a perquisite to him and the Booke of 44. E. 3. is no rule that a Scire facias shall lie of the tenancy in lieu of the services A man leaseth for life the remainder over in tayle the Tenant for life leaseth to Tenant in tayle for the life of Tenant in tayle who dyeth without issue the Tenant for life enters a sormedon in remainder is not accrued to him in the reversion Because the lease of the Mannor is not a surrender nor forfeiture tit. dowre Fitz. Park fo. 20.7 H. 6.4 A man leaseth for life the remainder in tayle the remainder in fee the Tenant for life grants his estate to him in the remainder in tayle and to I. N. he in the remainder in tayle dies without issue action of formedon is not accrued to him in the remainder in fee Because the tenant for life and I. N. are living and it is no surrender for the advantage of the survivor I. N. Gascoignes case 7. H. 6. The sixth Lecture Seisins and Trials What proofes upon such issues limited by the Statute shall be sufficient and contrariwise and what trials upon that shall be good e contra and who shall be bound by them and who shall take advantage and where the party may refuse the triall e contra And what maâ—ters shall lie in triall notwithstandstanding this Statute as before this Statute e contra DOwre they are at issue that the husband was never seised of such an estate of which she was dowable c. the wife proves seisin 61. yeares before the teste of the Writ this a good proofe of the seisin to recover notwithstanding this Statute Because that this is of the seisin of the husband and not of the party her ancestors or predecessors In an assise of Common they are at issue ne unque seise so that he might be disseised the plaintife said that I. N. was seised and grants to him in fee and because he had not Cattle of his owne hee puts in Cattle of others with the assent of the grantor this is a good proofe of the seisin to have an Assise 22. E. 3. p. 84. Dowre of rent they are at issue ne unque seise the plaintife prooves that the rent was granted by the husband in fee upon a proviso that if he die his heire within age that the rent shall cease during the nonage the father dyeth the son within age and takes the demandant to wife and dies before 21. yeares of age this is no good proofe of feisin Because the rent had not essens during this time and it is not like the case of 24. E. 3. where she was endowed with a cesset executio because there the husband was seised indeed and it is not like a Dowry of a seigniory in suspence as where the Lord marryeth his Tenant which is a woman he dies she shall be endowed of the seigniory but here the rent ceaseth by matter in fayt and not by matter in Law Dowre The parties are at issue upon ne unque seise c. the demaundant proves a lease for life made by an estr the remainder to her husband in tayle the tenant for life leaseth to the husband for life of the husband the husband dies the tenant for life enters and she brought dowre this is no proofe of the seisin Because it is no surrender nor forfeiture and the tenant for life which leaseth shall have the reversion in this case In dowre they are at issue upon the seisin the tenant shewes that the husband was his villeine and purchased wherefore he entred upon the husband the Plaintife sayes that this purchase and entry was during coverture and the husband dyed c. this is a good proofe of seisin to have dowre Because the title of the Lord is not untill his entry and therefore the wife had the elder title A woman hath issue a son and consents to the ravishor the mother leaseth to the son for terme of life by deed poll the son hath issue dies the mother enters the issue brings a Mortdan and theyare at issue upon the seisin the issue gives all the matter in evidence for seisin in fee upon the lawfull entry of his father this is no good proofe of seisin Because that he which hath but a title of entry and not a right of entry cannot be remitted In an Assise they are at issue upon Ne unque seise c. the Pl ' gives in evidence that I.N. holds the Land of him and was attainted of felony and that the King should have annum diem vast and grants it over the defendant enters upon the grauntee within the yeare and the Pl ' brings an Assise within the yeare this is a good proofe of the seisin Because he can have no other seisin during that yeare Assise they are at issue upon Ne unque seise the plaintife gives in evidence that the Land is demisable c. and that I. N. his testator was seised and demised to him being his executor to sell c. and dyeth the plaintife enters and the defendant ousts him and he brings an Assise this is a good proofe of seisin per judicium Because he had the fruit against anestranger untill the heire may espy a forfeiture and makes actuall entry Tenant by the courtesie of a rent charge granted to his wife in fee to bee paid at Michaelmas his wife dies before the feast he makes an Avowry the Tenant traverseth the seisin which is found for him the Tenant by the courtesie dyeth the heire of him and his wife distrain and makes an Avowry upon the same grant he shall not be bound by the same triall Because the judgement is only to recover damages and he claimes as heire of his mother and not as heire to the father and avoweth by the grant for the seisin is not materiall And because that he in the
time the disseisor of non sane memory makes a feoffment of one acre and is imprisoned tempore statuti and dieth within the sixe yeeres the disseisee enters into the other acre of which no feoffment was made in the name of both the title of the heire of the disseisor is determined for both acres to have remedy within sixe other yeeres Because the entry into one acre in the name of two is good against the same person contrary against two severall disseisors A man seised of two acres enfeoffeth one of 1. acre upon conditioÌ„ enfeoffeth another of another acre upon another condition the first feoffee within age enfeoffeth a stranger in that acre is within age at the time of the Statute and dieth within the sixe yeers the conditions are broken the first feoffer enters in the other acre in the hands of him which did not make the feoffment in name of both acres the title of the heir of the infant is not determined by this entry Because the entry upon the feoffee in name of both shall not serve against the feoffee and therefore remedy for one acre A disseisor makes a gift in tayle the reversion in fee the tenant in taile had issue and dieth the issue enters and dieth without issue hee in the remainder enters the disseisee is imprisoned at the time of the Statute within the 6. yeeres the title of entry of his heir is not determined to enter within sixe other yeeres Because by the death of tenant in tayl without issue the descent is gone and so the title of entry for the heir is revived A Parson makes a Lease for life and dieth his successor is beyond sea at the time of the Statute and after dieth his successor taketh fealty of the Lessor his title is determined to take benefit within the other sixe yeeres Because this acceptance is a receipt of Rent A man which was imprisoned at the time of the Statute and had cause of action ut supra c. is enlarged after ascension c. and delivers a Release asan Escrow to I. N. upon certain conditions to be performed to deliver it to the terr tenant as his Deed and before the day hee is of non sane memory and after the conditions are performed and I. N. delivers the Deed and the Feoffor dies within the sixe yeeres this is a good Determination of the right so that the heir shall not have an action within other sixe yeers Because that had relation to the commandment c. A man enfeoffed I. N. upon condition that he should enfeoffe a woman and he enfeoffed the woman and her husband to them and the heirs of the wife and after the husband discontinueth the Statute commeth the husband dieth the wife dieth within the sixe yeeres the first feoffor enters the title of the heir of the wife is determined to have remedy within the other 6. yeeres Because by the misexecuting of the state to the husband and wife which should have been onely to the wife the condition is broken The eleventh Lecture For that the Statute saith That if any person taketh any of the said Actions Auditories Scire facias Prescriptions Titles or claimes before Ascension 1546. which abateth by the death of any partie no Judgement or Determination being had that the party which liveth or his heir shall have a new action c. within a yeere after such writ or suit abated and shall have such advantages within that yeer as at the common Law and the Eighth Article within 6. yeeres likewise It is to be seeâ— where such persons may declare upon the Ancient Limitation and e contra and what advantages they shall have and e contra TWo Parcenors Heirs in tayle bring a Formedon upon the antient limitation before Ascensi 1546. one dies without Issue after Ascension c. the other prayeth leave to have another writ and brings that freshly against the first Tenant withinthe yeere who pleads non tenure the Demandant avers him Tenant the day of the first Writ and shall have advantage to have this amercement for the land first in demand Because she claimes as heir of her father and not as heir of the sister Two parcenors are disseised 32. yeers before the statute and brings a writ of Entre in the nature of an Assise before Ascension 1546. and one dieth without issue after Ascension the other prayeth leave to have another writ and brought that freshly against the same tenant within a yeer c. for the same land who pleads non tenure the Demandant avers him Tenant the day of their first writ shee shall not have advantage to have this averment Because it cannot be by anothers but by the same title of the same action and here she claimes a moiety by her sister Two Infants are desseised 33. yeeres before the statute and brought a writ of entry in the nature of an Assise before Ascension 1546. and one dieth after ascension c. and the tenant also andhis heir is in by descent the other brings a writ of entry in the per within the yeer and the heir of the Tenant is essoined and after had the view by Attourney and after his Attour is essoined upon the view there at the day the Demandant cannot declare upon the ancient Limitation notwithstanding this Statute Because the yeere is past and therefore this article is little worth A man brings a Precipe upon the antient Limitation before ascention 1546. the tenant tenders his law of non summons and performes that after ascention c. by which the Writ abates and he brings a new within the yeer by journeys accounts c. hee shall not have advantage to declare upon the ancient limitation Because that is expired and the Statute doth not warrant no abatement but by death A man brought a Precipe upon the antient limitation before ascension the writ is abated by false Latin after ascention c. the Demandant prayeth to have another writ and taketh it freshly byjourneys accounts within the yeer c. the tenant pleads non-tenure the demandant shall not have advantage to aver him tenant the day of the first writ by journeys accounts c. Because the first writ did not abate by death and the averment proves that he took the writ upon the antient title where the antient limitation is determined and therefore without the case of the statute A man brought a Precipe before Ascention c. upon the antient limitation the writ is abated by Jointenancy afâ—er ascention c. the Demandant takes a new writ by journeys accounts c. within the yeer against both the tenant pleads Non tenure the Demandant avers them tenants die primi brevis he shall not have advantage of this averment Because the writ doth not abate by death and a writ by journeys accounts doth not lie against him which was not party to the first writ nor by construction against his companion which was party
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