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
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