contra formam collationis And if he aliens sine assensu Decani Capituli then lies the Writ de inâ— gressu sine assensu Capituli 36 H. 8 B. Licenses 21. Lieu Place Place is not material in actions transitory See Tit. Attaint Where a Recognizance is acknowledged in London before a Justice of thâ— Common Bench and certified in bancoâ— and there ingrossed a Scire facias shalâ— be brought there directed to the Sherifâ— of London and not to the Sheriff oâ— Middlesex where the Bench is by all the Prothonotaries of the Common Bench. 4 M. 1. B. Lieu 85. Limitations Note that it seems cleer that the new Limitation and also the ancient Limitation extends to Copie-hold as well as to Free-hold for the Statute is that he shall not make prescription title nor claim c. And those who claim by Copie make prescription title and claim c. And also the plaints are in natura forma Brevis Domini Regis ad communem Legem c. And those Writs which now are brought at Common Law are ruled by the new Limitation and therefore the plaints of Copie-hold shall be of the same nature and form 6 E. 6. B. Limitations 2. Livery Note if the King hath a Ward because of Ward and the first Ward comes to full age and sues Livery the other Ward being within age there the Ward shall not sue Livery but ouster le maine for now the Seigniory of his Land is revived by the Livery so that he holds not of the King as afore but of his immediate Lord. But if the Ward because of Ward had been of full age before the first Ward he should sue Liveryâ— 25 H. 8. B. Livery 47. Where a woman out of Ward by Marriage shall sue Livery at fourteen yeers See Tit. Garde He which holds Land within the County Palatine of Lancaster of the King in Knight service ut de Ducato Lancastr shall sue Livery Contra of him who holds Land which lies out of the County Palatine of the King in Knight-service c. 28 H. 8. B. Livery 55. Note that general Livery cannot be but upon Office found but special Livery may be without Office and without probation of age but there he shall be bound to a rate and sum certain to be paid to the King B. Livery 56. And by B. ibidem 31. this cannot be claimed by the Common Law as general Livery may but is at the will of the King 28 H. 8. If the King purchases a Mannor of which I. S. held in Knight service the tenant shall hold as he held before and he shall not render Livery nor primer seisin for he holds not in Capite but holds ut de manerio And if his heir be in Ward by reason of that he shall have an ouster le maine at full age â—nd 't is said if the King after grant the â—annor to W. N. in fee excepting the â—â—rvices of I. S. now I. S. holds of the King â—sof the person of the King and yet he â—â—all not hold in Capite but shall hold 〈◊〉 he held before for the act of the King â—hall not prejudice the tenant But if the â—ing give Land to me in fee tenend miâ—i heredibus meis of the King c. â—nd expresses no certain services I shall â—old in Capite for 't is of the person of â—â—e King And note that tenure in Caâ—ite is of the person of the King 29 H. â— B. Livery 57. Tenures 61. Extent of livery is the value of the â—and by half a year But if he intrudes â—nd enters without livery he shall pay the â—early value by experience of the Exâ—hequer And where cestuy and use 〈◊〉 attainted of Treason and 't is enacted â—y Parliamen That he shall forfeit his â—and in possession and in use that â—here the King is but a purchaser and â—herefore those who hold of him that was â—ttainted shall not sue livery Quaere â—f it be enacted that he shall forfeit it â—o the King his heirs and successors Eâ—contra if he had been sole seised and â—ad been attainted by the Common Law â—or there the King hath the Land as King and there those who held â— shall sue livery And yet the Statute â— Si quis temerit de nobis de aliqua 〈◊〉 chaeta ut de honore Wallingford Boseâ— c. non faciet aliud servivum quaâ— fecit preantea And therefore this â— intended of a common escheat And aâ— so some Honours are in Capite as paâ— of Peverel and others 29 H. 8. â— Livery 58. The Kings tenant leases for years anâ— dies the heir shall sue livery notwithâ—standing the Lease indures And thâ— same where the Father declares his wiâ— of the Land for yeers and dies 30 H 8. B. Livery 59. If a man holds of the King before thâ— Statute of uses and infeoffs others 〈◊〉 his for term of life the rem ' over in taiâ— the rem ' to his right heirs and dies anâ— after the tenant in tail dies without issueâ— the heir of the Feoffer shall sue livery for the fee simple was never out of him and therefore it descends to his heir anâ— if he hath it by descent he shall sue livery And the same Law and for the samâ— reason if at this day a man gives in tailâ— the rem ' to his right heirs Otherwise B. 2. seems where a man makes a Feoffment in fee in possession and dismisses â—â—mself of all and retakes for term of 〈◊〉 the rem ' in tail the rem ' to his â—â—ght heirs and dies and after the teâ—ant in tail dies without issue there the â—â—eir who is right heir is a purchaser â—nd if the King seises he shall sue â—ister le main and shall not be comâ—elled to sue livery But if the tenant 〈◊〉 tail had dyed without issue in the life â—f tenant for life and after the tenant â—or life dies there his heir shall sue livery for the fee simple was vested in the tenant â—or life by extinguishment of the mean â—em ' and therefore the fee simple descends And note livery is that the King â—hall have the value of the land by half â— year And ouster le main is a Writ â—o ouste the King of the Land without aâ—y profit given to the King 32 H. 8. B. Livery 61. Where a man holds certain Land of the King in Soccage in Capite the King shall â—ot have liberty of more then the Soccage-Land 32 H. 8. B. Garde 97. He which holds of the King in Knight service and not in Capite shall not sue livery because he holds not in Capite and there when the heir comes to full age he shall have an ouster le main for none can enter upon the King But if he be of full age at the time of the death of his ancestor then he shall render relief to the
King and goe quite as if he had holden of a common person Contra of Tenure in Capite 32 H. 8. B. Livery 62. Note that the heir of him who holds of the King in Capite in Soccage shall not render primer seisin to the King for all his Lands but onely for those Lands holden in Soccage in Capite Contrary of him who holds in Knight service in Capite by the experience of the Exchequer And the heir which sues Livery shall have in every County a several livery And note that livery is where the heir hath been in Ward and comes to full age he shall have livery extra manus Regis And primer seisinâ— is where the heir is of full age at the time of the death of his ancestor or where his tenant holds in Soccage in Capite and dies there the King shall have primer seisin of the Land which amounts to the like charge to the heir as the livery is 38 H. 8. B. Livery 60. Note that a man cannot sue livery in the Chancery for Land in Wales Nor in a County Palatine by experience Time H. 8. B. Livery 63. If the heir of cestuy que use be of full age at the time of the death of his ancestor the King shall not have primer seisin for 't is not given by the Stat. but onely the ward of Land and body And if a will were declared by cestuy que use which is not performed during the nonage of the heir there the King shall not have the Land but the heir at full age shall prove his age and shall goe quite by experience in the Exchequer Casus B. Livery 77. the middle Mainprise IF a man be arrested in London and finds sureties to the Plaintiff there and after is dismissed in banco by Writ of priviledge and after a Procedendo comes in the same suit to the court of London this shall not revive the first mainprise or suretiship for once dismissed and always dismissed And 't is said that after a man hath found mainprise to a Bill in the Kings Bench and after is at issue or demurrer and after is awarded to replead and to make a new declaration the Mainprise is by this discharged Contrary where they manuceperunt usque ad finem pliti and where the original remains 32 H. 8. B. Mainprise 96. If a man be convicted of Felony and remains in prison and after the King pardons him there the Justices of Goal-delivery may bail him till the next Sessions oâ— Goal-delivery so that he may then comâ— with his Pardon and plead it 2 E. 6. B Mainprise 94. Maintenance Note by all where Tenant in Tayl oâ— for term of Life is impleaded he in remâ— or reversion may maintain and give of his proper money to maintain for safeguard of his interest for 't was agreed that he who hath an interest in the Land may maintain to save it 1 E. 6. B. Maintenance 53. Note that upon the Statute of buying Titles and to maintain that a man shalâ— not buy Land except the vendor hath been in possession c. by a yeer before 't was agreed by Mountague chief Justice and by all of Serjeants Inne in Fleet-street that if a man morgages his Land and redeems it he may sell his Land infra unum annum prox c. without danger of the State aforesaid for so is the intendment of the Statute for the ancient Statutes are That none shall maintain and yet a â—an may maintain his Cousin and so of â—e like for 't is not intended but of unâ—wful maintenance and so of a pretenâ—d Title and not of that which is clear â—itle 6 E. 6. B. Maintenance 38. Mannor A man cannot make a Mannor at this â—ay notwithstanding that he gives Land 〈◊〉 many severally in Tayl to hold of him 〈◊〉 Services and suit of his Court for he â—ay make a Tenure but not a Court for â— Court cannot be but by continuance cuâ—â— contrarium memoria hominum non â—â—sist it And 't is said for Law that if a â—annor be and all the Free-tenures esâ—eat to the Lord but one or if he purâ—hases all but one there after this the Mannor is extinct for there cannot be a Mannor except there be a Court-Baron 〈◊〉 it And a Court-Baron cannot be â—olden but before Suitors and not before 〈◊〉 Suitor therefore one Free-holder â—â—ely cannot make a Mannor 33 H. 8. â— Comprise 31. Mannor 5. Misnosmer Misnamer A Statute was acknowledged by man in the name of I. S. de D. in Coâ— E. Butcher and he was taken upon Prâ—cess and said in avoydance of the Statutâ— that he was always dwelling at S. aâ—â— not at D. and was a Husbandman and nâ— a Butcher and that I. S. of D. acknowledged the Statute without this that he the same person that acknowledged iâ— which Plea was refused for a great inconvenience that might fall upon it 36 H. B. Misnosmer 34. the end Monstrans de faits Shewing of Deeds See that he which pleads a Deed Record or which declares upon a Deed Record it behoves him to shew it Oyer of those is always to be had by 〈◊〉 which is charged by it Regulae Monstrans 165. Oyer de Recordes 1â— the end Mortdauncestor By the best opinion in the Commâ—â— Bench if two purchase jointly to them â— to the heires of one and he which hath the Fee dies and after the other dies the heir of the first shall not have a Mortdauncestor and B. seems the reason to be because the Fee was not executed in Possession by reason of the survivor of the other and t is in effect now but the discent of a reversion and the wife of him who had the Fee shall not have Dower and yet he might have forfeited the Fee simple or given it by Feoffement but not by grant of the Reversion 12. E. 4. 2. and joyn the Mise in a Writ of Right for he in Reversion and the Tenant for life may do it Quaere if he may release it 29. H. 8. B. Mortdauncestor 59. Mortmain Lord and Tenant the Tenant leases for life to I S. the remainder to an Abbot and his successors the Lord need not to make claim till the Tenant for life be dead for if he will wave the Remainder t is not Mortmain But of a grant of a Reversion with Attornment t is otherwise And if the Tenant makes a Feoffment in Fee to the use of A. for life and after to the use of an Abbot and his successors there t is not Mortmain till the Tenant for life in use dies and he in Remainder takes the profits Note that appropriation of an advowson without licence is Mortmain 25. H 8. B. Mortmain 37. If a man leases to an Abbot and his successors or to another Religious person for a 100 years and so from a 100. years to a 100 years untill 300 years be incurred this is one Lease
Difference betwixt Riot Rout and Assembly ib Sanctuory See Tit Corone saving default See Tit. Judgement Scire fac ias Second deliverance See Tit. Retorn de aeverse Seisin 262 Seisin by the hands of an intrudor ib Livery ib Distress suspended not Seigniory 262 Seisin of the King loses not the arrerages ib Several precipe Debt and deâ—inue in the same Writ ib Several tenancy 263 Uncertain demand in an assise Statute Merchant Part of the land extended in the name of all no reextent ib proces in another County upon a nihil returned upon a testatum est ib Deiberate ib Surrender ib When a man may hold the land beyond his term upon a Statute 264 Judgement ib Reversion not extendable ib Diversity betwixt a purchase after the Statute and before execution and where t is purchased after execut ' had 265 Execution by Executors in the name of the Conusee who is dead ib Execution for the Executors of the Conusee 267 Conusor returned dead ib Retorn of extendi facias liberate ib Supercedias 268 Attaint ib Sureties Death of the King id Surrender 268 Surrender extra terram ib Trespas ib The King cannot record a surrender ib Surrender by the first termor ib Termor makes the Lessor his Executor 279 He in remainder surrenders where there is a Lease for years in possession ib Suitor Two suitor onel Coyurt Baron ib Taile 270 Single voucher and double voucher diversitie ib Where the assets aliend shall be a bar in a Formedon where not 271 Two sons by divers venters ib Collateral warranty by release ib Quere ib Taile extinct ib Surrender ib Tenant at will 272 Tenant by sufferance and at will ib Disseisor ib Tennant by Copy ib Formedon in discender by a copy-holder ib Intendment ib Where Tenant at will or a termor of a Mannor may grant copy-hold for life 273 Demise rendring the ancient rent or more ib Tenant by sufferance See Tit. Tenant at will ib Tender ib What shall be the attendance in a condition ib Diversity 274 Condition of reentry for non payments ib At what time the lessee ought to make tender ib Tender upon the land â—e contra ib Tenures 275 Tenant makes a Feoffment of a moyety this is not pro praticula The like matter in the Cheq 5. H. 6. Ro. 4. ex parte ib Remember Thesaurarij 276 Tenure in capite ib Et de honore diversity ib Ouster I' main ib Socage in capite ib Diversity ib To hold by suite of court ib Court Mannor 277 Testament 277 Where a man shall have for life and where see simplely devise ib Payment by the Heir Executor or Assignee ib Quere ib Will of 3 Mannor by the stat 32. H. 8. 278 Testament cannot be without Execut. ib Where a legacy or devises shall be good though the devisor names no Executors ib Feoffment of all after the Stat. of 32 H. 8. ib Ward 279 Primer Seisin ib Explanation of Wills by Stat. 34 and 35 H. 8. ib. Testmoignes Witnesses 279 Age of Witnesses in Etate proband ib Titles 280 See Tit. Pleadings ib Travers of Office 280 Title made upon traverse tendered ib Traverse dying seized found by Office ib Termor cannot traverse 281. Monstrance de droit ib Traverse against the King ib Where the King shall have Prerogative where not ib. Non-suit in Traverse and Petition diversity ib. Judgement in Traverse ib. Travers by c. 282 Action upon the Case for making of false clothes ib. Seisin in Fee Traversed in Assize ib. The King shall waive his issues contra of an Informer ib. Without that that he had any thing 283 The mean conveyance in the Title shall not be traversed where the Plaintiff in his Title binds the Defendant ib. Remitter ib. Seisin in Fee traversed 284 Treason Misprision of Treason ib. Where Tryall shall be per pares 285 Forfeiture for misprision of Treason 286 Compasse or imagine ib. What shall be said Treason ib. Deprive ib. Quaere ib. Fine for misprision of Treason ib. Alien commits Treason 287 Diversity ib. Trespas 287 Quare vi armis of taking in anothers soil ib. Tryall 288 Tryal of a Peer of the Realm arrained upon an Indictment and appeal diversity ib. Tryall in Court Baron by wager of Law ib. Tryall of the Law shall bee by the Justices and of a particular custome per patriam ib. Tryall of a Bishop 289 Variance 289 Quare imped and the Writ and the Deed vary ib. Verdict 289 Verdict at large in a Writ of entry ib. Villeinage 290 Asserts in their hands ib. Diversity ib. Where the King shall have the Villeine of another in Ward or Ideot ib. Quaere ib. Voucher 291 See B. Tit. Voucher ib. Usury 291 Diversity where the day is certain and where incertain to make usury ib. Defeasance ib. Usury and where not 292 Waife 292 Waives his proper goods for Fellony ib. Waste 29â— Waste by a Termor who dyes before action broughâ— ib. Cutting of Beech of 20. 0â— under 20. yeers of age shall be Waste 293 Locus vastat waste in hedg-rows ib. Where the Termor may take all the under-wood eâ— contra ib. Silva cedua 294 Waste for not covering of a new frame and house ib. Waste by the Heir ib. A man shall be named Heir or Executor in the Premises and not in the alias dictus ib. Conclusion to the Writ 295 Abridgment HOlden by the Prothonatories of the Common Bench in Trespass of Battery That of such matters which lie in Conusance of the Justices they may increase dammages after a Verdict upon Issue otherwise of such matter which lies not in their Conusance as Trees cut But yet there they may increase costs 3. Mar. 1. B. Abridgement 36. the end Acceptance Note By Fitzjames and Englefield Justices if Tenant in Dower Leases for years rendring rent and dies the Lease is void and acceptance by the Heir of the Rent will not make the lease good for t was void before otherwise of voidable Leases 22. H. 8. B. Acceptance 14. If Tenant in Taill Leases his land for twenty years rendring rent and dies and the Lessee leases to another for ten yeares and the issue accepts the rent of the second Lessee this is no affirmance of the Lease for there is no privity between the second Lessee and him contrary if he paies it as Bayliff of the first Lessee and B. seems if the first Lessee had Leased over all his Term in parcel of the land let and this Assignee paies the rent to the issue in tail that this affirms the entire Lease for Rent upon a Lease for years is not apportionable 32. H. 8. B. Acceptance 13. Tenant in Tail the Remainder over Leases for years rendering Rent and dies without issue he in the Remainder accepts the rent this shal not binde him because that when the tail is determind all that is comprised within it is determined and so the Lease void and he in the Remainder
B. commission 9. Commission of the peace is made to 4. in the County of N. and after the King makes I. S. Justice of Peace there for term of his life the first Commission is determined B. Commission 10. If Justices sit by Commission and do not adjourn it the Commission is determined And see a Statute where new Commissioners of Gaol delivery may sit upon the Records of the ancient Commission of the Gaol which is determined And when a Commission of Oyer and Terminer is determined the Records of that shall be sent into the Kings Bench but Records of the Justices of Gaol delivery shall remain with the Custos rotulorum of the County And the next Justices of Gaol delivery shall proceed upon them upon judgement of death by the said Statute Quaere if they should proceed by the words to allowance of Clergie or Sanctuary it seems so by the equity B. Commissions 11. Conditions Debt upon an Obligation with a condition to perform all covenants contained in certain Indentures the defendant cannot plead the condition and reherse the covenants and say generally that he hath performed all the covenants without shewing how by the Prothonotaries 20. H. 8. B. conditions 2. If a man devise 20. l. to W. S. to be paid in four years after his death and dies and after the Devisee dies within the four years yet the Executor of the Devisee shall have the Money or the rest of it by suit before the Ordinary in the court Spiritual for t is a duty by the Testament or devise 24. H. 8. B. Devise 27. 45. conditions 187. By Fitz. if a man before the Statute of Tenures had made a gift of Land to one in Fee for to repair a Bridge or for to keep such a castle or for to marry yearly a poor virgine of S. this is a Tenure and not a condition and the Donor may distrain and make avowrie But if a woman give land to a man for to marry her this is a condition in effect and no Tenure which no bodie denied 24. H. 8. B. condition 188. tenures 53. If a man Mortgage his land to W. N. upon condition that if the Mortgager and I. S. repay 100 l. by such a day that he shall re-enter and he dies before the day but I. S. paies by the day the condition is performed and this by reason of the death of the Mortgager notwithstanding that the payment were in the copulative otherwise if it were not in the case of death 30. H. 8. B. conditions 109. By many if a man make a Feoffment in Fee ad intentionem to perform his will this is no condition but a Declaration of the purpose and will of the Feoffer and the heir cannot enter for non performance 31. H. 8. B. conditions 191. If a man be bound in a bond to pay 20 l. the Obligor in whose discharge the condition goes ought to be ready at the place c. all the day and the Obligee may come any time of the day 32. H. 8. B. conditions 192. A man gives land in Tail or Leases it for life or for years rendring rent with a condition of re-entry for default of payment there if he Leases part of the land to the Donor or Lessor or if the Donor or Lessor enter in part of the land he cannot re-enter for the rent arrear after for the condition is wholly suspended for a condition cannot be apportioned nor divided 33. H. 8. B. Extinguishment 49. conditions 193. Debt upon an obligation to perform all covenants contained in certain Indentures t is no plea that he hath performed all the covenants generally S. Quod performavit omnes singulas conventiones inindentura pred specificat ex parte sua perimplend if they be in the affirmative but must shew in certain in every point how he hath performed them B. condition 198. covenant 35. And where in a Covenant the Defendant saies that the covenants are that he shall pay 10 l. by such a day and infeoff him by the same day quas quidem conventiones idem defensoris bene perimplevit this is no good plea for he must shew in certain how he hath performed it 33. H. 8. B. covenants 35. the end Note for Law That Proviso semper put on the part of the Lesse upon the words of Habendum makes a condition otherwise of a Proviso of the part of the Lessor as t is covenanted in the Indenture That the Lessee shall make the reparations Proviso semper That the Lessor shall finde the great Timber this is no condition Nor by some tis no condition when it comes amongst other covenants on the part of the Lessee as t is covenanted after the Habendum and after the Reddendum That the Lessee shall scowre the ditches or the like Proviso semper That the Lessee shall carry the Dung from it to such a field this is no condition to forfeit the Lease for not doing of it contrary if such proviso be put imediately after the habendum which makes the estate or after the redendum Quaere by B. conditions 195. 35. H. 8. If a man Mortgage his land upon defeisance of repayment to re enter and the bargain to be void and the vendee Leases the Land to the vendor for ten years by Indenture of defeisance and further grants to him That if he paies 100 l. infra terminum dict 10 annorum that then the sale shall be void c. and the Lessee surrenders the Term yet the tender of the 100 l. is good within the ten years because that the ten years is certain though the lease is surrendred or forfeited Otherwise if it were to repay infra terminum predict without these words ten years for in the one case the Term S. the Lease is the limitation of payment and in the other case the ten years by Whorewood in his Reading in the Lent B. conditions 203. Defeasans 18. The same law if B. holds certain land for term of ten years of A. and t is covenanted betwixt A. and B. That if B. pay 100 l. to A. within the said ten years that then he shall be seised to the use of B. in Fee and B. surrenders his term to A. and after payes him 100 l. within the ten years there B. shall have Fee for the years are certain otherwise where t is covenanted That if he payes 100 l. infra terminum predict and he surrenders and after payes the 100 l. this is nothing worth for the Term is determined but in the other case the ten years remain notwithstanding the surrender 35. H. 8. B. Exposition 44. T was holden clear in the Kings Bench that where M. and other two are bound to stand to the award of I. N. so that it be made and delivered by the Arbitrators in writing to the parties before Michaelmas they make the award and deliver it to one by Michaelmas
cause the owner may make rescous but if he impounds them the owner cannnot justifie the breaking of the pound and taking them out for they are in Custodia Legis 4. E 6 B. Distress 74. Rescous 12. the end Done Gift Devisee for life of a Chattell the remainder over he for life gives the Chattell whether this shall barr the remainder See Tit. Chattells T is said for Law that if a man gives omnia terras tenementa sua in D by this leases for years do not pass for these words lands and tenements shall be intended free hold at least 37. H. 8. B. Done 41. The difference betwixt a gift in Remainder Heredibus masculis de corpore rectis Heredibus See Tit. Discent T was granted by Shelly Justice and others that if the King give a Chattell without deed and the donee takes it by his commandment t is good 2. E. 6. B. Done 16. the middle If a man gives or grants omnia bona sua leases for years nor award shall not pass for they are Chattels reals And B. seems that a grant of Prox ' present Ecclesiae unica vice is a Chattell non bona for bona are goods moveable living and dead but not Chattels 4. E. 6. B. Grants 51. Done 43 Dower A woman shall not be endowed of a rent reserved upon a lease of her husband for term of life for the rent is not an inheritance and t is determinable upon the death of the Lessee and yet the heir shall have it for t is incident to the reversion And where a man seised in fee leases for years rendring rent and afterwards takes wife and dies the wife shall have dower of the land but shall not have execution during the term of years for elder title c. and she cannot be indowed of the rent for the cause aforesaid 1. E. 6. B Dower 89. Note by the Justices by the Statute where a man makes his wife joynt purchaser with him after the coverture of any estate of free-hold except it be to him and his wife and their heires in see simple this is barr of Dower if she agree to the joynture post mortem viri otherwise of fee simple for such joynture is not spoken in the Statute Nor a devise of land by the husband to the wife by testament is no barr to Dower for this is a benevolence and not a joynture 6. E. 6. B. Dower 69 Dum non fuit compos mentis Note that if a Judge or Justice be of non sane memory yet the Fines Judgements other records which are before him shal be good But otherwise of the gift of an office or the like by him for this is matter in fact and the others are matters of record for matters in fact may be avoided by non sane memory otherwise of matter of record 1. M. 1. B. Dum non fuit compos mentis 7. Ejectione Custod T Was said that a man shall have a Writ de Ejectione custodie of a rent and this before seisin of it for seisin in Law shall be thereof adjudged by reason that he cannot receive it before the rent day Yet otherwise of land for there he may enter 23 H 8 B. Quare ejecit infra terminum 5. Enquest Note betwixt the King and the Bishop of Rochester for Treason the Bishop shall not have Knights in his Jury where Knights ought to be returned when a Peer of the Realm as a Bishop and the like is party yet quaere if it were challenged 27. H. 8. B. Enquest 100. T was holden in the common Bench by the Prothonatories if a protection be cast at the day of Nisi prius and the Justices take the Jury de bene esse and at the day in bank the protection is allowed now though the first â—aking is void yet the Inquest shall not be recharged by resummons for when the Inquest is once sworn and give verdict they shall never be sworn again upon this issue 2. M. 1. B. Enquest 86. Entre congeable lawfull Entry Tenant for term of life aliens to B. to have to him and his heires for term of life of Tenant for term of life this is no forfeiture for all is but the limitation of the estate B. Forfeiture of lands 87. And if Tenant for terme of life suffers a recovery he in reversion cannot enter but is put to his Writ of Entrie ad terminum qui preteriit or Writ of Right and shall falsifie the recovery in it if he hath cause And if he will have it sure the Tenant for life ought to pray in aid of him in reversion and if he joynes in aid and both vouch over then well upon recovery had c. as betwixt Corbet and Clifford in the Countie of Buck ' this year But if Tenant for life be impleaded and prayes in aid of a stranger he in Reversion may enter for this is a forfeiture But if he doth not enter till the other hath recovered then he cannot enter but is put to his writ of Entrie ad terminum qui preteriit vel ingres ad communem legem and shall falsifie the recovery there 24. H. 8. B. Entrecongeable 115. Fauxifier 44. Forfeiture of Lands 87. the end Cestuy que use in tail suffers a recovery against him upon a faint title before the Statute of Uses and dies the Feoffees cannot falsifie it in an assise by way of entry but shall have a writ of entry ad terminum qui preteriit or a writ of right and shall falsifie it by this action B. Entre congeable 123. Fauxifier 49. And if he Leuies a fine with proclamation and dies if a stranger of his own head enters in name of the Feoffees or to their use within the 5 years this shall avoid the â—ine though the Feoffees did not command him for by this the freehold is in them till they disagree or till another enters 31. H 8. B. Entre congeable 123. the end T was doubted if a recovery had against cestuy que use in tail shall binde the heire in tail But by Hales Just. by such recovery the entry of the Feoffees seised to the use of the estate taile is taken away but after the death cestuy que use who suffered the recovery the Feoffees may have a writ of right or writ of entrie ad terminum qui preteriit in the post or the like And by some there is no use in tail but t is a fee simple conditional at the common Law as t was of a tail before the Statute of W. 2. And this Statute makes not mention but of gifts in tail which is tails in possession And therfore quaere if the tail in use cannot be taken by the equity of it yet t was doubted if the issues and the Feoffees shall be bound after the death of cestuy que use who suffered the recovery by reason of those words in the
makes a Feoffment before the Statute of execution of Uses to the use of himself for term of his life the remainder to W. in Taile the Remainder to the right Heires of the Feoffor the Feoffor dyes and W. dyes without issue the right Heir of the Feoffor within Age he shall be in Ward for the Fee discended for the use of the Fee-simple was never out of the Feoffor And the same Law where a man gives in Taile the Remainder to the right Heires of the Donor the Fee is not out of him Otherwise where a man makes a Feoffment in Fee upon condition to re-infeoffe him and the Feoffee gives to the Feoffor for life the Remainder over in Taile the Remainder to the right Heirs of the Feoffor for there the Fee and the use of it was out of the Feoffor therefore he hath there a remainder and not a reversion 32. H. 8. B. Garde 93. Where a man holds certain land of the King in Soccage in Capite the King shall not have livery of more then the Soccage land The same where he holds of the King in Knights service and not in Capite the King shall not have more in ward but onely that which is holden of him immediately 32. H. 8. B. Garde 97. Note by all the Justices of England that a Lord in Knights service by nonage of the Heir shall not ouste the grantee of Wreck or de proxima presentatione nor the termors which are in by the father of the Heirs B Grants 85. Garde 66. Lease 31. in finibus So of a Lease for term of life 35. H. 8. B. Garde 61 the end A man dyes seised of lands holden in Knights service his brother and Heir within age the Lords seises the ward the wife of the Tenant privily with childe with a son and after the wife is delivered the brother is out of ward But if the Infant dye the brother yet within age there the brother shall be in ward again And the same Law where a daughter is heire and after a son is born the daughter is out of ward And if the son dies without issue the daughter within age she shall be in ward again so see that one and the same person may be twice in ward by two several ancestors But where the Lord seises the son for ward for land to him descended from his Father and grants the marriage of him to another and after other land holden in Knights service holden of the same Lord descends to the same son from his mother there B. seems that the Lord shall not have the ward again because he had him and granted his marriage before and the body is an intire thing 35. H. 8. B. Garde 119. 'T is granted by all the Justices that the King shal not ouste the termor of his tenant because he hath the heir of his tenant in ward by office found for him nor execution upon a Statute Merchant made against his tenant nor a rent charge granted by his tenant nor a grant de prox presentatione of an Advouson Time H. 8. B. Garde 44. If the son and heire of the Kings tenant or of another Lord be made a Knight in the life of his Father and after the Father dies the heir shall be in ward for otherwise the Ancestor may procure his son within age to be made a Knight by collusion to the intent to defraud the Lord of Ward which shal not be suffered And so it fell out of the Lord Anth. Brown of Surrey who was made Knight in the time of his Father who died the son within age and t was holden he should be in ward notwithstanding he was a Knight wherefore he agreed with the King for his marriage Otherwise B. seemes where hee is in ward and is made Knight in ward this shall put him out of ward and by him the Stat. which is Postquam haeres fuerit in custodiam cum ad aetatem pervenerit S. 21 annorum habeat hereditat suam sine relevio sine Fine Ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra sua remaneat in custodia dominorum usque ad terminum supradict is intended where he is made Knight within age being in ward after the death of the Ancestor and not where he is made Knight in the life of the Ancestor 2. E. 6. B. Garde 42. 72. 'T was agreed for Law in the Common Bench that if the Lord hath not been seized of homage within time of memory but hath been seised of rent it suffices to have a Writ of Ward and to count that he died in his homage for there is seisin of something though it bee not of the intire services And for this cause and also for that the seizin is not traversable but the Tenure therefore the action lies without Seisin of the Homage 6. E. 6. B. Garde 122. the end T was holden by the Justices of both benches That where a man holds by Rent and Knights Service and the Lord and his ancestors have been alwaies seised of the Rent but not of the homage escuage nor of Ward yet if a Ward fall he shall have the ward of the heir for the seisin of the Rent suffices to be seised of the Tenure as to this purpose Yet otherwise B. seems to make avowry 7. E. 6. B. Avowry 96. the end Garde 69. Where a use vests in the heir as heir of his Father where the Father was dead before Whether the heir shall be in ward or not Quaere See Tit. Feoffments to uses 3. M. 1. Note that t was declared by the Doctors of the Civil Law That where an heir or other is married infra annos nubiles and after disassents at the age of discretion or after before assent to the Marriage that this suffices and the party may marry to another without divorce or witnessing of it before the Ordinary but the Ordinary may punish it per arbitrium judicis but the second espousals is good as wel by the Law of the Kingdom as by the Law of the Church 5. M. 1. B. Garde 124. Ward and marriage is by the Common Law and the Father shall have the Ward of his son or daughter and heir apparent before the King or other Lord and Soccage Tenure by 20 years and Knight service after B. Garde 120. the end If an estate be made to many and the heirs of one of them and he which hath the Fee dies his heir within age he shall be in Ward by the Statute of Wills notwithstanding the others survive which are Tenants by the Common Law Casus B. Garde 100. Garranties Warranties If the husband wife alien land of which she is dowable there to have collateral warranty t is good to have the Warranty of the Wife against her and her heirs and then if she hath issue by the husband and she and the
husband die the Warranty shall be collateral to the issues because that the land came by the Father and not by the Mother 31. H. 8. B. Garranties 79. Note if the husband discontinues the right of his wife and an ancestor collaterall of the wife releases with Warranty and dies to whom the Wife is heir and after the husband dies the wife shall be barred in a Cui in vita by this Warranty notwithstanding the Coverture because that she is put to her action by the discontinuance for Coverture cannot avoid Warranty but where the entry of the wife is lawful which is not upon discontinuance 33. H. 8. B. Garranties 84. If a man saies in his Warranty Et ego tenement a predict cum pertinent prefato A. B. the Donee Warrantizabo aud doth not say egâ— heredes mei he himselfe shall warrant it but his heir is not bound to warrant it because that heirs are not expressed in the Warranty 35. H. 8. B. Garrenties 50. Sir Robert Brudnel late Chief Justice of the Common Bench devised a Warranty now in use viz. That the warrantor for him and his heirs Warrantizabit contra ipsum heredes suos and by this the Feoffee shall rebut but not vouch Casus B. Garranties 30. the end Where upon a Formedon upon use there shall be a General Writ and special Declaration See Tit. Formedon General issue In an Assise or Trespass if a â—an entitles a stranger and justifies by his Commandment his ought to be pleaded and not given in evidence upon Nul tort or not guilty pleaded So of Common Rent Service Rent Charge Licence and the like these ought to be pleaded and not given in evidence upon a general issue Contrary of a Lease of Land for years upon not guilty pleaded the Defendant may give it in evidence B. General issue 81. otherwise of a Lease at will for this is as a Licence which may be Countermanded or determined at pleasure And if a Villen plead Free and of Free Estate he may give manumission in evidence for this is Manumission indeed But where he is Manumitted by act in Law as a suit taken against him by his Lord or an Obligation made to him by his Lord or a Lease for years and the like which are manumissions in Law of which the Jury cannot discuss and therefore these shall be pleaded 25 H. 8. B. General issue â—2 Debt upon an escape in the Exchequer against the Sheriffs of London for leting a man arrested by them by capias ad satisfaciendam and â—n Execution to escape the Defendants cannot say that he did not escape and give in evidence that he was not arrested for the arrest is confessed if he saies that he did not escape 34. H. 8. B. General issue 89. Grants Nota per plures Just. alios legis peritos That where a man grants an office of Bayliff Steward Receiver Parker and the like and a Fee certain for his labour onely there the Grantor may expulse such Officers But they shall have their Fee for t is but an Office of Charge But where the Steward Parker have profits of Courts Winde-Falls Dearâ—kinnes and the like casuâ—ll profits t is said that they cannot be expulsed and that of such Offices they may have an Assise And t is said that t was so taken in the time of James Hobert Attorney of King HENRY the 7. And the Officers may relinquish their Offices when they will but then their Fee ceases And Whorewood Attorney of King HENRY the 8. granted the Cases aforesaid 31. H. 8. B. Grants 134. T was said for Law That I may Ouste my Bayliff Receiver and the like giving to them their Fee foâ— it rests in Charge and no profit B. doubts of the Steward for an Assise lies of such Ousters 34. H. 8. B. Grants 93. the end What shall pass by a Grant of omnia â—ona sua See Tit. Done A man possessed of a Lease for term of fourty yeers grants so many of them to â— N. which shall be arrear tempore morâ—is suae and held void by Hales Just and others for the incertainty because it doth not appear how many shall be behinde at the time of his death for the Granter may live all the 40 yeers and then nothing shall be arrear at his death quare B. Grants 154. Leases 66. â—ut such Devise by Testament is good B. Grants 154. And 't is not like where a man leases Land for term of life and four yeers over this is certain that his Executors shall have four yeers after his death B. Leases 66. And also if a man leases his Land to have from his death for four yeers 't is good for this is certain and he hath authority to charge his own Land 7 E. 6. B. Grants 155. A man grants omnia terras tenementa sua in D. a Lease for yeers shall not pass Contrary if he grants omnes firmas suas there by this a Lease shall pass for of this an ejectione Firme lies and by this he shall recover the Term and therefore 't is a good word of Grant 7 E. 6. B. Grants 155. Hariots T Is said that for Hariot-custom a man shall always seise and if it be esloigned he may have detinue And for Hariot-service esloigned he may distrainâ— but not for Hariot-custom Time H. 8 B. Hariots 6. the end Heresie Note that 't was agreed by all the Justices and by Bake learned in the Law and Chancellor of the Exchequer and by Hâ—re learned in the Law and Masteâ— of the Rolls That by the Statute of Hereticks and Lollards that if a Heretick be convicted in presence of the Sheriff thâ— Ordinary may commit him to the samâ— Sheriff and he ought to burn him without having a Writ de haeretico comburendo But if the Sheriff be absent oâ— if the Heretick shall be burnt in another County in which he is not convicted therâ— in these cases the Writ de haeret comburend shall be awarded to that Sheriff 〈◊〉 Officer who shall make execution And â—e said Statute in the end wills that the â—heriff shall be present at the convictiâ—â— if the Bishop requires him And â—erefore the use is that the Ordinary shall â—ll the Sheriff to be present at the conâ—tion And so in the Writ de haeret â—mburend in the Nat. Brin that the â—â—chbishop and his Province in their Conâ—â—ation might and used to convict Hereâ—â—ks by the Common Law and to put 〈◊〉 to lay hands And then the Sheriffs Writ de haeret comburend burnt them â—t because that this was troublesome to 〈◊〉 the Convocation of all the Province was ordained by the Statute aforesaid â—hat every Bishop in his Diocess may â—â—nvict a heretick and after abjuraâ—â—n upon relapse put him to lay hands be burnt And B. seems that if the â—â—retick will not abjure at the first Conâ—â—tion that he may be burnt at the first
Dean 20. Encumbent 18. Leases 5â— Where a confirmation shall be by 〈◊〉 Bishop Dean and Chapt of a Lease 〈◊〉 by the Parson Et contra See Tit. Câ—â—â—firmation A man is a purchaser with his wife 〈◊〉 them and to the heirs of the husband 〈◊〉 after the husband leases for years and â—dies the wife enters this shall avoid the Lease for her life but if she dies during the term there the rest of the term is good to the Lessee against the heir of the husband And the same Law of a Rent-charge granted out of it for the husband had thee Fee-simple tempore c. and might well charge it And note by all the Justices that the GuardJan in Knights service shall not ouste the termor of the ancestor of the heir And the same Law of the Lord by Escheat 36 H. 8. B. Leases 58. If a man leases for life to I. S. and the next day leases to W. D. for twenty yeers the second Lease is void if it be not a grant of a Reversion with Attornment for in Law the Free-hold is more worthy and perdurable then a Lease for yeers Yet if the Lessee for life dies within the term the Lease for yeers is good for the rest of the yeers to come 37 H. 8. B. Leases 48. the end 'T was agreed per plures that where I. N. convenit concessit to W. S. that he shall have 28 acres in D. for 20 yeers that this was a good Lease for this word concessit is as strong as dimisit vel lâ—â—avit 37 H. 8. B. Leases 60. King tenant in Tayl makes a Lease for yeers or life his issue may avoid it See Tit. Discontinuance in possession If a Parson lets Land for term of yeers rendring rent and dies the successor receives the rent the Lease is not good against him for he hath not Fee-simple Nor he cannot have a Writ of Right but Juris utrum therefore the receipt of the rent by his successor doth not affirm the Lease for this was void by the death of the Parson who leased 38 H. 8. B. Leases 18. the end 'T was holden by Bromley Just. and others that if a man leases for 20 yeers and the next day leases for 40 yeers the second Lease shall take effect for 40 yeers s. after the twenty yeers past Time H. 8. B. Leases 35. the end 'T was agreed for Law in the Chancery by the Justices that if a Lease for yeers be made by a Bishop that 't is not void but voidable for he had a Fee-simple Otherwise of such a Lease by a Parson this is void by his death for he hath not the Fee-simple but 't is in abeyance And the Bishop may have a Writ of Right or a Writ of Entry sine assensu capituli where a Parson shall have but a Juris utrum And therefore if the successor of a Bishop Dean Prebend and 〈◊〉 like who have a Fee and Lease and 〈◊〉 accepts the Rent this affirms the Lease 〈◊〉 be good And otherwise of such acâ—â—ptance by the successor of a Parson who â—ade such Lease for this Lease is void â—resently But if a Chantry Priest makes â— Lease his successor shall avoid it notâ—ithstanding the predecessor had a Fee â—ecause that 't is donative or presentative â—nd then such Lease is not perdurable exâ—ept it be confirmed by the Patron in the 〈◊〉 case and by the Patron and Ordinaâ—y in the other case 2 E. 6. B. Leases â—3 the end A man leases for yeers habendum post â—imissionem in factaÌ„ to I. N. finitaÌ„ and 〈◊〉 truth I. N. hath no Lease in it there the Lease commences immediately by Halesâ—ust â—ust and many others And by him if â— Prebend makes a Lease for 21 yeers by â—ndenture rendring the usual rent this shall â—â—inde the successor by the Statute of Leaâ—es for where the Statute saith in Jure Ecclesiae and the entry for a Prebend est â—â—isitus in jure Prebende yet it shal bind by the equity 3 E. 6. B. Leases 62. An Executor hath a term and purchases the reversion in Fee whether the term be extinct or no. See Tit. Extinguishment Tenant of the King in Capite dies and the heir before Livery sued makes a Lease for yeers 't is good if no intrusion be found by Office and an Office found after which findes the dying seized and no intrusion hath not relation to thâ— death of the ancestor but for the profits and not to defeat the Lease for thâ— Free-hold and Inheritance remain in thâ— heir But if intrusion be found tunc nuâ—â—lum accrescit ei liberum tenementum and then the Lease and dower of thâ— wife of the heir are void 5 E. 6. B. Leases 57. A man possessed of a Lease for 40 yeerâ— grants so many of them as shall be behinâ— at his death 't is void See Tit. Grants Note by Bromley and others Justice 〈◊〉 if I let Land to W. N. habendum 〈◊〉 100 l. be paid and without Livery thâ— 't is but a Lease at will for the incertaintâ— But if he makes Livery the Lessee shâ— have it for life upon condition implied 〈◊〉 cease upon the 100 l. levied 2 M. 1. â— Leases 67. 'T is said that Bishops in the time 〈◊〉 E. 6. were not sacred and therefore we 〈◊〉 not Bishops and therefore a Lease 〈◊〉 yeers by such and confirmed by the 〈◊〉 and Chapter shall not binde the successâ—â—â— for such never were Bishops Contra of a Bishop deprived who was Bishop indeed at the time of the demise and confirmation made 2 M. 1. B. Leases 68. What shall be said to be a Lease in reversion and what a grant of reversion see Tit. Attornment 'T was holden by all if a man Leases Land to another till the Lessee hath levyâ—d 20l that 't is a good Lease notwithstanding the incertainty 3 M. 1. B. Leases 67. the end 'T was ruled in the Serjants case that if a man let Land 4 Ian. habend for forty years Reddend annuatim at Mich. and Easter 20. s. the tenant shall pay at Easter and at Mich. I. equales porciones and the Lessor shall not lose the rent at Easter 4. M. 1. B. Leases 65. Ley gager Law wager Detinue of a Deed indented where an obligation of a Lease for term of years the defendant shall not wage his Law for this concerns Land and a Chattel real And so 't was late adjudged in the Kings-Bench 34. H. 8. B. Ley gager 97. 'T was said for Law that a man shall not wage his Law in a Quo minus 35. H. 8. B. Ley 102. Quo minus 5. in finibus Licenses 'T was agreed that if a Bishop Deâ— and Chapter give their Land in Fee with out License of the King who is Founder and is found so by Office the King shalâ— have the Land And another Foundeâ— may have a
primer sesin of the third part by vertue of that clause in the Stat Saving to the King Ward Primer sesin Livery and the like by which it appears that the intent of the act is that the King shall have as much as if the Tenant had made a will and had dyed seized yet by all after that the King is served of his duty of it the gift is good to the Donee against the Heir 2 E 6. B Testament 24. Note that 't was adjudged betwixt Vmpton and Hyde that the explanation of the Statute of Wills is not to take effect only from the time of the explanation but the first Stat which is explaned shall be so taken ab initio So that the Wills of Vmpton Gainesford and others which are excepted in the explanation shall be taken good by the Stat of 32 H 8. of Wills which was explaned 4 M 1. B Testament 26. Testmoignes Witnesses The age of Witnesses in an Aetate probanda is 42 years Lecture B Testmoignes 30. the end Titles Note that a man shall make a good title in an Assize to say that I N was seized in Fee to the use of T P which T P infeoffed the Plaintiff who was seized and disseized c. without shewing what person made the Feoffment to the use of T P or how the use commenced 36 H 8. B Titles 61. Travers of Office 'T is said for Law that none can traverse except he makes title to the same land in the premisses or close of his traverse 22 H 8. B Traverse d' Office 48. 'T was found that I S dyed seized by which W S his son comes and saith that the said I S in his life was seized in Fee and infeoffed A B in Fee to the use of the said I S and his Heirs and dyed and after by the Stat of uses 27 H 8. he was seized in possession without that that I S his father dyed seized pro ut c. and a good traverse And a Termor cannot traverse an Office by the Common-Law except it were found in the Office and then he might have a monstrans de droit and ouster L'main the King 29 H 8. B Travers d' Office 50. Where a man shall have a Petition where traverse See Tit Petition Where the King hath no other title but by false Office there the party who can make title may traverse as well against the King as against the party if the King had granted it over but now this is helpt by Stat 33 H 8. B Travers d' office 51. the end Where a Tenure is found of the King ut de Ducat suo Lancastrie which in truth is false yet this need not to be traversed for the King hath this Duchy as Duke not as King and a man shall not be put to traverse but where the Office is found for the King ut pro rege Angliae for then he hath a prerogative and as Duke none 1 E 6. B Travers d' Office 53. Non-suit or relinquishing of a traverse is peremptory contra of Non-suit in a Petition and the Judgement of traverse is no other sed quod manus domini Regis amoneantur et quod possessio restituatur to him that traversed Lecture B Travorse d' Office 54. Travers by c. What thing shall be traversable what not See Tit Issues joynes Action for making false clothes in Bartholomew-Fair contrary to the Stat The other saith that he made them well and truly at D in the County of F without that that he made them in Bartholomew-Fair in L pro ut c. and a good Plea 35 H 8. B Travers by c. 368. If in Assize the Tenant Pleads that his Father was seized in Fee and dyed by Protestation seized 'T is said that the Plaintiff may make title by a stranger without that that the father of the Tenant was seized in Fee c. 38 H 8. B Travers by c. 26. the end Information in the Chequer the Defendant Pleads a Plea and traverses a materiall point in the information upon which they are at issue there the King cannot waive this issue as he may in other cases where the King alone is party without an Informor ut supra by the Kings Attorney and â—thers learned in the Law 38 H 8. B Travers by c. 369. Tender not traversable in a Writ of â—ntrusion maritagio non satisfac for the single value See Tit Forfeiture of marriage Trespas The Defendant said that I N was seized in Fee and leased to him for twenty one years and gave colour the Plaintiff said that his father was seized and dyed seized c. and â—he entred and was seized untill the Trespas absque hoc quod dictus J N aliquid habuit tempore dimissionis and a bad traverse but he shall say without that that I N was seized in Fee modo forma pro ut c. in Communebanco 4 E 6. B Travers per 372. Assize The Tenant makes a barr by a Stranger and gives colour the Plaintiff makes title by the same person by which the Defendant made his barr s that I S was seized and gave in tayl to his father who infeoffed W N who infeoffed the Tenant upon whom A B entred and infeoffed the grandfather of the Plaintiff whose Heir he is in Fee who dyed seized and the Land discended to the Plaintiff so he was in in his Remitter until by the Defendant disseized And in truth A B never entred nor never infeoffed the Grandfather and yet 't was held cleerly that the Tenant in his barr to the title cannot traverse the Feoffment of A B but ought to traverse the dying seized of the grand-father of the Plaintiff which remitted him for this binds the entry of the Tenant and is the most notable thing in the title 4 E 6. B Travers per 154. Trespas The Defendant said that I was seized and infeoffed him and gave colour The Plaintiff may say that H was seized and leased to I at will who gave to the Defendant and R re-entered and infeoffed the Plaintiff he ought to say without that that I was seized in Fee modo forma pro ut c. Time E 6. B Travers per 217. the end Place not traversable See Tit Attaint Treason A Chaplaine had affixed an ancient seale to a Patent of non-residenee made by himselfe of the part of the King and was imprisoned in the Fleet for it And 't was holden misprision and no Treason by the Justices and he escaped and was not put to death for 't was said That because he did not counterfeit the Kings seale but tooke an ancient seale this is not Treason 37 H 8. B Treason 3. the end 5. Note that in January this yeere H Howard Earle of Surrey sonne and Heir apparent of Thomas Duke of Norfolke was attainted of high Treason for joyning the Armes
Defeasance to a stranger and where to the defendant ib Diversity ib Shewing of deeds ib Estray 110 Who shal have property in an Estray ib Executions 111 Of a thing executory a man shal have execution for ever by Scire fac ib Execution upon an obligation conjunctim devisim and satisfaction diversity ib Vinica executio 112 Capias ad satisfaciend not retorned ib Executors 112 Executors denied the deed of their testator ib Judgement thereon 113 Executor of executor ib Two executors the one not to meddle by a certain time ib Executor hath a term and purchases the reversion in fee 114 Assets ib Exposition Extinguishment Corporation ib Restitution by Parliament revives a seigniory or tenure which was extinct by attainder of Treason by Parliament 115 Extinguishment and suspension Diversity ib Seigniory ib Executor hath a term and purchases the reversion in fee 116 Assets ib Devastavit ib Diversity ib The first lessee for years purchases the fee simple ib Faits Deeds 117 Deed bears date beyond sea ib Place traversable ib Verba post in cujus rei c. ib Faits inroll Deeds inrolled 117 Deed inrolled by a feme covert by the common Law and by custom diversity ib London 118 Examination ib Fine levied ib Livery of seisin ib Feoffment to the King ib Relation of an inrolment ib Fauxefier Falsifying 120 Who shal have attaint or error ib Faux imprisonment False imprisonment Authority of a Constable or a Justice of Peace ib In nullo est erratum ib Tryal in false judgement and in writ of error diversity ib Fealtie 121 A man shal not doe 2 homage for 2 tenures to a man nor to the King ib King ib Homage ib Corporation ib Feoffements 122 Feoffement of a house cum pertinen ib Feoffement for maintenance ib Exposition of a Statute ib Remitter 123 Feoffement to four and livery to the Attorney of the one for all ib Second Lessee suffers Livery ibid Feoffement of a moyty ib Feoffement and delivery of the Deed upon the Land 124 Acre in possession and another in use ib Plead Feoffement infra visum Feoffement infra visum terre 124 Feoffement to many and livery to one in the name of all Diversity 125 Feoffement void by Statute ib Feoffements to uses 125 Fitz. seised to the use of the Father ib Tenant in Taile shall not be seised to anothers use 126 1. ibid Use express ibid 2. ibid Who shall be seised to anothers use who not ibid Corporation cannot be seised to a use ib In the post 127 Mortmaine ibid Escheate ib Perquisite ib Recovery ibid Dower ib 3. ibid Courtesie ib Use in Taile ibid 4. ibid Tenure is consideration in Law ibid Termor shall do fealty ibid Rent reserved a good consideration ib Use changed by buying ib Use at common Law 128 Tenure ibid To whose use the Feoffee shall be seised before Statute of Tenures and to whose after diversity ib Feoffee by collusion shall be seised to a use Warde ib Feoffee causa matrimonii prelocut seised to a use Quere 129 Deceite ib Cestuy que use in â—remainder or reversion may sell but not make a Feoffement ib Recovery against Feoffees to a seisen Taile ib Notice of the use ib Statute expounded 130 Notice of the use material ib Et è contra ib When a man may change a use when not ib Use in taile determined ib To make a use to commence expectant by covenant 131 Mesne to bind Lands with a use to whose hands soever they shall come ib Notice of the use ib Recovery against Cestuy que use in Taile And the entry of the Feoffees taken away ib Use in tail 132 Quere ib Equity ib Exposition of a Statute ib Fine by Tenant in Tail in use or possession ib Recovery to the use of Covenants and agreements in Indent c. 133 Where a Covenant shal change a use ib A woman seised to the use of her husband 134 Where these words shal take the profits makes a use and where è contra 135 Use cannot be contrary to the consideration ib What is sufficient covenant to change a use ib Recovery against Cestuy que use in tail by sufferance 136 Vendee shal have fee though he hath notice of the use ib Use to alter the free hold from one to another by Statute ib Entry ib Quere ib Ex post facto 137 Recovery to binde the Tail in use ib Use vests in the heir as heir of his father where the father was dead before the use came ib Relation 138 Quere ib Warde ib Gift of Chattels to a use ib Statute expounded ib Fines levies Fines levied 139 Covenant for assurance of a Joynture by fine 139 Infant shal not levy a fine ib Who shal take the first estate by fine who the remainder ib Fine sur conusance de droitame ceo by A. to I. and I renders to A. the remainder to the wife of A. who was not party to the Writ ib Fine levid by Cestuy que use for life 140 Use forfeit ib quaere ib Fine levied by cestuy que use in Tail ib Use in tail Quere ib quaere ib London 141 Deeds inrolled ib Another of the same name levies the Fine ib Error ib Dedimus potestat 142 Conventio ib Lease for years by Fine to bind the tenant in tail ib Estoppel ib Infancy ib Coverture ib Reservation to a stranger ib Distress ib Lease for years made by Fine 143 Who may take a fine by the Statute de finibus attornatis ib Quere 144 Fine in Hamlet ib Fine in Hamlet or ville decayed ib Writ of dower ib Forcible Entry Where a man may hold with force where not ib Remitter 145 Quaere ib Forfeiture of marriage ib Tender not traversable ib Forfeiture de terre c. ferfeiture of Land c. 146 Forfeiture in an attaint and premunire diversity ib Attainter by Parliament 146 Clerk convict shall forfeit his goods ib Formedon 147 Diversity 147 Formedonupon taile which commenced in use and is executed upon the Stat. 27. H. 8. ib General writ and special declation ib Formodon upon a use general writ and special declaration 148 Diversity ib Form 149 Wood before pasture in plaint of Assise ib Frankmarriage 150 Frankmarriage with a man ib Frankmarriage the rem in Fee ib GARDE WARDE VVHere the heir within age shall be in ward where not ib Woman out of ward by mariage ibid Livery at fourteen yeers ib Remainder to the right heirs 152 Reversion and remainder diversity ib Livery of Soccage Land 151 Lord in Knights service shall not ouste the termor c. ib Where one person shall be twice in ward where not ib Grant of a ward 15â— King shall not ouste a terme of his tennant because he hath his heir in ward 155 Knight in ward ib Viscount Mountague ib Diversity where an heir is made Knight within age in the like of the anncestor and where Knight within age after the
ancestors death ib Writ of ward without seisen infra tempus memoriae Tenure traversable 156 No seisen and yet ward 157 Assent and dissent to marriage ib Divorce ib Ordinary ib Warde and marriage 158 Tenure ib Two Joyntenants and the heir of the one in ward living the other ib Garranties Warranties 159 Collateral warranty ib Coverture shall not avoide a collateral warranty upon a discontinuance ib Warranty without heirs 160 Warranty to rebut but not to vouch ib General writ 161 General issue ib Things to be pleaded and not given in evidence ib Command ib Common ib Rent 162 Licence ib Lease for yeers and at will diversity ib Manumission in deed and in Law diversity ib Not escaped pleaded and not arrested given in evidence 163 Grants 164 Office of charge and of profit diversity ib Ousting the officers ib Quere 166 Grant void for incertainty 137 Diversity betwixt grant and devise ib Quere ib Lease for life and four yeers over ib What shall pass by grant of lands and tenements or omnes firmas ib Ejectione Firme bi HARIOTS 138 HAriot custome and service diversity ib Detinue ib Heresie 138 Where a writ de haeret comburend shall issue where not ib Abjuration 139 Diversity ib Homage see Tit-Fealty 139 IDEOT 1â—0 IDeot and unthrift diversiverty ib Imprisonment 140 Incident 140 Court Baron incident to a mannor Pipowders to a Faire ib Grants 141 Recovery of a rent service good titie to homage and fealty ib Indictments 141 Indictment of death and poysoning ib Justice indicted ib Diversity ib Alter trespas in felony ib Intrusion 142 Relation of an office diversity ib Where pardon of Intrusion excuses the issues livery c. where not ib Diversity 143 Joyntenants 143 Where successive holds place where not ib Habendum ib Reentry by two or against two where the one dyes 144 Journeys accompts 144 Judggment 145 Nonage saves default ib Recovery against an infant by default and by action tried diversity ib Where a man shall be restored to his first action and where he shall have error c. ib Recovery of land in one County which lies in another ib VJew 146 Intendement ib Assise in N. and recovery pâ—eaded in H. ib Condition determined by judgement 147 Judgement given with original ib Issues joynes Issues joyned 148 Action upon the case upon an assumpsit ib Special verdict where the issue is upon an absque hoc ib Americiament ib Issue found in part diversity ib Preignancy ib Issue in wast ib Americiament 149 Issues retornes Issues retorned 159 See Tit. intrusion Debate of tithes betwixt lay persons ib Spiritual Court ib Tryal of a thing ultra mare 150 Jurors 150 Jury took a scroule not delivered to them in Court ib LEET 150 PAin in the Leet for redressing anusance forfeited by presentment ib Where the Lord shal have debt upon a pain in a Leet and where distrain for it 151 Leet of the torne of the Sheriff ib Exposition of a Statute Leases 151 Void lease ib Acceptance by the successor of a Parson upon a lease for years for life diversity ib Lease during a lease 152 House ib Averment ib Lease for life by a Parson and lease for years diversity Lease determined for a time and yet good after ib GardJan in Chivalry nor Lord by escheat shal not ouste the Lessee 153 Lease for life and lease for years after ib Convenit ib Concessit ib Dimisit ib Locavit ib Acceptance of rent by the successor of a Parson 154 Parson shal not have a writ of right ib A man leases for twenty years and after leases for fourty years ib Lease of a Bishop ib Dean 155 Parson ib Prebend ib Confirmation ib Habend after such a lease ended where there is no such lease ib Lease of a Prebend Equity ib Lease for yeers before livery sued 156 Relation of office ib Where the wife shall lose her Dower ib Lease till a hundred pound be paid ib Diversity ib Lease by a Bishop not sacred and by a Bishop deprived diversity ib Confirmation 157 Lease till he hath levyed 20. pound ib Where the one Feast is put before another in a Lease ib Ley gager Law wager ibid Law in detinue of an Indent of Lease ib Law lies not in a Qâ—o minus ib Licences ibid Contra formam collationis 158 Lieu place ibid Scire facias upon a recognisance ib Limitations ib Copyhold 159 Livery ib Where ward because of ward shal not sue livery but ouster l' maine Seiginory revived by suing livery ib Where livery shal be of Dutchy land where not 160 General Livery and special diversity ib Mannor purchased by the King shall be in him as in the grantor ib Livery Primer seisin ib Garde 161 Ouster l'main ib Where a man shall hold of the King as of his person and yet not in Capite Et ècontra ib Extent of Livery and of intrusion diversity ib Attainder of Cestui que use by Parliament and of attainder of a sole Tenant by the Common-law diversity ibid Exposition of a Stat. 162 Livery by the heir during a leas or devise for years ib Where a man shall sue Livery where not ib What is Livery what Ouster l' main 163 Livery of Soccage land ib Tenure of the King in Knights Service and in Capite diversity ib Soccage in capite and Knights service in capite diversity 164 What Livery is ib What Primer seisin ib Livery in Wales and County Palatine ib Primer seisin of cestui que use 165 Will not performed ib MAINPRIZE SVrety upon arrest in London ib Priviledge ib Procedendo ib Revivings ib Where surety upon a Bil in Banco regis is discharged where not ib Repleader ib Power of the Justices of the Gaol delivery 166 Maintenance ib Maintenance by him in remainder or reversion ib Sale where he hath not been seised by a year ib Statute expounded Mannor 167 Making of a Mannor ib Court Baron ib Suitors ib Misnosmer misnamer 168 Statute avoided by misnamer ib Monstrans de faits Shewing of Deeds ib Shewing of Deeds and Records ib Mortdauneester ib â—eoffment to two and the heir of the one ib Mortdauncester ib Discent of reversion Dower ib Forfeiture Feoffment Right ib Mortmain ib When a remainder is granted in Mortmain and when a reversion diversity ib Claim ib Remainder waived Vse ib Appropriation without licence is Mortmain ib Lease for 300 or 400 years is Mortmain ib Otherwise of a covenant for so many years ib 99 or 100 is not Mortmain years ib Mortmain ib Deseisin and discent takes not away the entry of the Lord for Mortmain ib NONABILITIE ib Obligation for usury ib Conclusion ib Non suit King nonsuite ib Nonsuit upon demur ib Nontenure a good plea in an attaint for a stranger contra for a privy ib Where non Tenure shall be a good plea in attaint where not ib Entry in attaint after the last continuance ib Nonse name 214 Where a