be the Lords man In the doing whereof the Tenant must be ungirt uncovered kneel upon both knees and hold both his hands together between the Lords hands sitting before him XXX This is to be done to the Lord himselfe and but once during the Tenants life XXXI The Kings Chamberlain shall take homage for him XXIJ. When an Inheritance descendeth to Coperceners the eldest only shall do Homage XXXIIJ But if they hold of the King all of them must do it XXXIV When one and his Ancestors whose heire he is have held by homage of a Lord and his Ancestors whose heir the Lord is time out of mind and the Lord hath received homage that bindeth him to warrant and acquit the Tenant XXXV Suit of Court is a service by comming to the Lords Court And here Land in the Lords hands whereof severall men hold by Suit of Court is termed a Mannor but the Land considered apart from the service is termed Demesnes XXXIV The particular kinds of services whereby Lands of inheritance are distinguished are Soccage and Knight-service XXXVII Both draw unto them certain commodities to the Lord partly in the Tenants life and partly after his death XXXVII That in his life is reasonable Aide or Portion towards the making of the Lords eldest Son a Knight and towards the marrying of his eldest daughter XXXIX The other after his death are wardship and reliefe XL. Wardship is the custody of the body and land of the heir within age which shall be til fourteen of a woman XLI Relief is a Portion to be paid by the heir to the Lord. XLII Soccage is tenure to be done out of Ward XLIII Where the next of the kinne to whom the Inheritance cannot descend shall have the heirs wardship till fourteen to the heirs own use XLIV Here for releif the Lord shall have presently so much as one years rent amounts unto XLV Tenure by Soccage in Cheif giveth the King primer seisin or the value of that Land by a year if the heir be of the age of fourteen year at his ancestors death XLVI Knight service is a service touching Warre to be done by the body of a man XLVII To all Knight service Homage is incident XLVIII Here the Wardship is the Lords to his own use and that till 2â— of an heir malâ— XLIX The wife shall be barred of her Dower so long as she detained the heir from him L. Wardship of the body giveth the wards marriage to the Lord. LJ If one hold sundry Lands of diverse Lords the wardship of body goeth to the Lord of that Land which the tenant held first and this is termed Tenure by priority LIJ The King shall have the Wardship of the body though the tenure of him be by Posteriority LIIJ The eldest child being heir apparant to his father shall not be in ward for his body during his Fathers life LIV. Tenure by Knight service in cheif giveth to the King the Wardship of all other Lands also LV. It giveth him likewise Primer seisin or the value of them all by half a year if the heir were in Ward by a whole year if he were not which Pâ—imer seisin must be paid and relief also LVI Relief for Land holden by Knight-service amounteth to an C.s. for a whole Knights fee to a C. Marks for a Baronie and to a C. Pounds for an Earledome LVII If The heir be within age at the Tenants death no relief shall be paid to the Lords that are to have the Wardship LVIII Grand Serjancie viz. Tenure of the Kings person to do to him a more speciall service whatsoever by the person of a man is a speciall Knight service in chief where thâ— King in stead of relief shall have the value of the Land by a year LIX Rent charge is a Rent with Liberty to distrain CHAP. 8. Rent seck Common I. BAre Hereditaments concerning land for which no distresse can be taken are a Rent Seck and Common II A Rent Seck is a Rent without liberty to distrain III. When a rent is granted for equaliy of Partition amongst Coperceners this rent may be distrained for though no such liberty be granted IV. The grant of a Seigniorie Rent charge and Rent Secke as also of a Remainder or Reversion of any of these or of the land it selfe is nothing worth without Attornment viz. agreement of the tenant that presently must be charged V. In the grant of a reversion depending upon a Freehold the Attornment of the Freeholder is sufficient though he be not the Tenant that presently must be charged VI. Common is a profit to be taken in anothers Land CHAP. 9. Villenage Annuity Corodie Office I. BAre hereditaments that concern the person are meerly of the person himself or by reason of the person II. of the first sort are Villeins III. A Villein is such a servant as himself and whatsoever he possesseth is the Lords if he claim it IV. The Lord cannot sease his villein in the the Kings presence V. The children of a Villein are also Villeins VI. Villenage beginneth by confessing a mans self to be one in a Court of Record VII A Villein is manumitted or set free when the Lord enableth him to possesse any thing against himself VIII Those by reason of the person are Annuities and Corodies or Offices IX Annuitie is a yearly rent to be had of the person of the Grantor X. Corodie is a Portion for ones sustenance XI Office is a duty of attendance upon a charge CHAP. 10. Franchises I. BEsides the Hereditaments already handled there be certain other derived from the Kings Prerogative which are termed Franchises II. A Franchise is a Royall priviledge in the hand of a subject III. It may be forfeited by misusing of it IV. The kinds of Franchises are divers and almost infinite V. Of such sort are Warrens Markets Faires Toll of every buyer for things he buyeth there not being for his own expences and whatsoever liberties or commodities else that created at first by the Kings speciall grant or of their own nature belonging to him are given to common persons to have any manner of estate in CHAP. 11. Chattels Reall and Personall Testament Bailment Contracts Actions Arbitrement I. SUch then is the nature of an hereditament in his sundry sorts and kinds II. Chattels are possessions wherein there cannot be severall estates III. All ones Chattels whether in possession or that any is indebted to him in may be given away or devised by his Testament IV. Testament is the appointment of some person to administer them for him after his death who therefore is called an Executor V. the Executors must prove the Will to be a true one in the spirituall Court and be sworn to see it performed VI. If many Executors be made and one refuse yet he may administer at his pleasure VII But an Executor once administring can never refuse after VIII Executors must answer all certain duties of the Testator IX But so as duties
matter for the King is found by a Jurie called an Enqest of Office III. This may be before the Officers as Sheriffs Escheators Coroners c. Virtute officii Brevis or Commissionis to them directed IV. Here the number of twelve is not of necessity requisite V. An Enquiry is an office or presentment VI. An Office which findeth matter to intitle the King to some possession VII Upon as high a matter of Record to avoid the Office as the Office it self a man may traverse it VIII If the office be for personal goods the party may alwayes have a traverse or plead any matter unto it unlesse the Escheator have accounted for them and that although the office finde the Kings title to be by matter of Record IX The King upon office finding for him if his entry be lawfull and the possessions to be had at the time is presently in possession X. Also he shall be answered all the mean profits from the time of his title XI Upon an office found virtute Officii whereby the King is intitled to ones wardship the heir shall never have livery viz. the land delivered out of the Kings hands XII But upon a perfect office Virtute Brevis or Commissionis if it be a speciall writ or Commission not a general one to inquire of all wards he may XIII Therefore here the heir is allowed these Commissions following or writs in the nature of such Commissions viz 1. For finding of an office for the King 2. For the having of the land out of the Kings hand XIV Those for the finding of an office are Diem clausic extremum Mandamus and Devenerunc to inquire what lands holden of the King and what of others the ancestors was seized off the day of his death who is his next heir and of what age XV. The Diem clausit extremum is to be sued within the year after his death XVI The Mandamus is after the year and here it must further be inquired who took the profits XVII The Devenerunt is when the ancestor dieth in ward to the King XVIII Upon defect in Offices found by vertue of such writs or commissions these writs following shall issue out to make them perfect viz. XIX A Quae plura upon leaving of any land out iâ— these offices XX A Melius inquirendum upon any other defect iâ— the Office XXI A Datum est nobis intelligi upon an Office finding lands to be holden of any other person when there is a Record to prove that they are holden of the King XXII The writs for having the lands out of the Kings hands are an Aetate probanda and a writ iâ— Livery XXIII An Aetate probanda is to inquire whetheâ— he bâ— of full age or not XXIV A writ of Livery is after a perfect Office finding a tenure in cheif to have all the lands delivereâ— to him at once by the King XXV Two being found heirs by one and the saâ—â— title The King shall not make Livery until by enter-pleader the truth be discussed at his full age that waâ— found heir first XXVI Amongst Co-parceners the King upon Livery shall make partition XXVII He that holdeth of the King by Knight service but not in Chief shall not sue Livery Be when he cometh to his full age shall have an Ousterâ— main XXVIII A presentment is an enquiry finding some offence against the King which is also called an Indictment XXIX Every strong suspition of such offence appearing of Record hath the force of an Indictment XXX Without an Indictment the King can have no suit upon a wrong done principally to another but done to himsef he may XXXI For the preventing of divers offences viz. trespasses to the body and felonies and committing them that offend to prison untill they may be indicted and so duely punished every Hundred hath his High Constable and every several tithing within the Hundred hath his petty Constables or Headboroughs XXXII Any man suspecting another of a felonie committed or but intended may arrest him XXXIII With indictments of trespasse informations upon penal Statutes such as inflict a pecuniarie mulct or other penalty upon offenders have a neer affinity XXIV Indictments of the death of a man are to be taken before the Coroners CHAP. 37. Proper Original Processe I. HItherto of the first matter of the suit it followeth to speak of original processe II. Original processe is that processe which is untill the defendant do appear III. Original processe is proper or improper IV. Proper which is to bring some matter into Plea or solemn action and it is single or mixt V. Single which is by the possessions onely lands or goods or onely by the person VI. That by the land is of two soâ—ts first summons and Grand Cape in a real Praecipe quod reddat VII The summons is the warning of the tenant in his land by certain summoners VIII The summons upon an action brought against one as heir must be in the land that did descend IX If it be to recover the freehold of land it self it must be in the same land X. A Grand Cape is to take the Land into the Kings hands by the view of lawfull men with a summons of the tenant to answer as well to his default as to the demandants action XI If the tenant be returned summoned where iâ— deed he was not the writ shall abate XII Secondly it is summons and re-summons in a Mordancestor Juris utrum and an Assize of Darren presentment and upon default the enquest awarded XIII Original processe by the goods as in Assize of novel disseisin and nusance where the original proces is Pone per vadios c. salvos plegios XIV A Pone pervadios salvos plegios is a procesâ— to attach the defendant by certain of his proper goods being meer personal chattels which he shall forfeit iâ— he appear not and upon such default the Inquest summoned by the writ is presently to be awarded to recognize the Assize XV. The original processe by the person is a Capias which is a processe to imprison him then an exigent oâ— solemn demand at five severall County Courts immediately following one another and for not appearing Outlawry XVI This Judgment of Outlawry is given by the Coroner in the fift County and is onely in mayhem felonie and treason XVII If the Exigent be returned not fully serve without any folly in the Plaintiffe he bringing an Exigent de novo before any other County holden shaâ—â— have the benefit of the former Counties XVIII Outlawry disableth him from suing anâ— actlon XIX By Outlawry all his chattels are forfeit to the King even such as he hath but a right unto XX. In Mayhem there must be three Capias viz. Capias alias pluries tâ—o in Felonie viz. Stealth Robbery and Burglary and onely one in the death of a man and high Treason XXI In felonie and Treason they that tarry the Exigent forfeit their chattels XXII A mixt
of him when the Tenant in a Court of Record disclaimeth to hold of him TABLE 29. A reall Praecipe quod faciat which is either to recover an Heredittament and this is either In respect of a Seigniory A Writ de consuetudinibus servitiis Secta ad molendinum To recover some other Herediament A Quare Impedit A Quod permittat A Curia claudenda Some reall thing that concerns an Hereditament as A Writ of Covenant as to levie a Fine of Lands c. Writs in the nature of a Covenant reall A Writ of Mesne A Warrantia Cartae TABLE 30. A reall Si fecerit te securum An Assise Of his own possession as An Assise of Novell Dâ—seisin An Assise of Nusance Of his Ancestors Possession as an Asise of Mortdancestor Either of his own or his Ancestors posession as an Assise of Darrein presentment A Juris utrum for a Parson or Vicar upoâ— his Predecessors alienation Others Such as be between Privies in blood as A Partitione faâ—enda A Nuper obiit A Quo jure to try for Common TABLE 31. A personal Originall Writ is also A Praecipe A Praecipe quod reddat Debt and a Writ of Annuity Detinue A Praecipe quod faciat An Action oâ— Account An Action of Covenant A Si fecerit te securum Tab 32 TABLE 32. A personal si fecerit te securum which is Without force Where the peace is not broken 1 Rationabili parte bonorum 2. Valore Maritagii 3 VVrit or forfeiture of marriage 4 Intrusion of VVard 5 Ejectione custodiae 6 Quare ejecit infra terminum 7 Trespasses upon the Case not against the Peace Where the Peace is broken yet not Vi as An Action of Deceit An Action of Conspiracy With force An Action of Trespass Speciall Actions of Trespass as De parco fracto Rescous Ejectione firmae TABLE 33. An Appeal which concerneth life and is the parties private Action prosecuting also for the Crown in respect of a Felony and this is given only to the Heir of the party slain TABLE 34. A Commissionall Writ which is either Commissionary as A Writ of right Patent A Justiciis An assise of petty Nusance Admeasurement of Dower Admeasurement of Pasture A Nativo habendo A Rationabilibus divisis A Homine reâ—legiando A Replevin Also many of the Actions thâ—â— went before as Consueâ—â—â— nibus Servitiis Secta 〈◊〉 molendinum Quod permitâ—â— Mesne Dower Unde 〈◊〉 habet Annuity Debt Detinue Covenant Trespasâ— c to what summâ— soevâ—â— be brought and also deteâ—mined in the County by Jâ—stices Meer Commissions as Oyer and Terminer Association Si non omnes Ad quod damnum Perambulatione faciâ— de TABLE 35. In Courts that hold plea without original Writ the Suit may be by Plaint in matters that conceâ—â— Common pleas Bill in Pleas of the Crown aâ— Officers of any Court by pâ—â—viledge may sue or be 〈◊〉 there and not elsewhere by 〈◊〉 TABLE 36. Suits for the King are A Quo warranto for the trying of the right of Franchises As inquiry by a Jury which is an Office to entitle the King to som Possession wherof consider The severall wayes how it may be found viz. Virtute officii brevis Commissionis The severall Writs or Commissions used therein concerning a Wardship viz For finding of it Diem clausit extremum within the year after the â—enants death Mandamus after the year Devenerunt when the Ancestor dyed in Ward to the King For mending it Quae plura Melius Inquirendum Datum est nobis intelligi For discharge of it An Aetate probanda A Writ of Livery for Lands in Capite An Ouster le main for other Knight-service Lands How the party may be releived against it By Traverse or Monstrans de droit when the King is entitled by Office only By Petition when he is intitled by double matter of Record as when the Office finds an Attainder of Treason or the like Presentment or Indictment to find an Offence against the King and for penall Lawes an Information TABLE 37. The Originall Process which is Proper Single By the Possessions By the Land In all reall Praecipes quod reddat Summons iâ— Land Grand cape iâ— seise it into the Kings hands A Mortdancester juris utrum daâ—rein presentment Summons Re-summons upon default the Inquest awarded By the Goods as in Assises of noveâ— Disseisin Nusance Attachmeâ—â— by the defendants goods which hâ— shall lose if he appear not and up on default the Inquest awarded By the person in Mayhem Felony and Treason Cap. Exig Outlawry Mixt By the goods and lands In all other reall Actions and in all personal Actions except Trespas offences against the publike and also in all Justicies Summons bâ— the Goods Attachment Distress Infâ—nite and â—sues of the Land In all Trespasses upon the Case except Deceit and conspiracy and in all Offences in the nature of Trespasses upon the Case Attachment Distresâ— infinitâ— and iâ—sues By the goods and person as in Trespaâ—â— vi Deceit Conspiracy and Offence against the publike Attachment Dâ—stress infinite and upon nihil returne 3. Capias Exigent Outlawry Improper Tab. 38. TABLE 38. Improper which is not to bring any matter into Plea or solemn Action but only to do or leave undone something and in is Commandatorie as Dote assignanda Homagio capiendo Scutagio habendo De Corrodio habendo De Annua pensione hab De Libertatibus alloc De executione Judicii De restitutione Temporalium De securitate pacis De vi laica removenda Of cleansing Streets De excommunicato capiendo De excommunicato deliberando De leproso amovendo De cautione admittenda De haeretico comburendo De Coronatore exonerando De Coronatore eligendo De exoner viâ— forest De Electione viâ— forest A Writ for the Royall Assent to elect an Abbot De securitate invenienda All Dedimus potestatems de fine leuando de attornato faciendo c. Prohibitory Tab. 39. TABLE 39. Prohibitory as 1 A Protection cum clausula nolumus to free ones Possessions that nothing be taken against his will for the Kings business 2 To discharge Spirituall Persons of Fiâ—teens 3 Quod clerici non eligantur in Officium Bâ—livi c 4 To forbid Tenant in Dower by the Curtesie or Guardian by Knight service oâ— in Soccage to commit VVast to the destruction of the Inheritance 5 A Quo minus for Grantee of Estover to restrain the Grantors from committing VVast so as he cannot have his Estovers 6 De exoneratione sectae for Tenants by Suit of Court or other Services that they be not distrained to do the same for such tiâ—â— as they ought to hold the Land discharged 7 Dâ— deonerando pro rata to discharge the Tenant of parcell of the Land according 〈◊〉 the rate of his Land when he iâ— lawfullâ— distrained for all the Rent and Services 8. De essendo quieto de Thelonio 9. De non ponendo in Juratis 10. Ne exeas
land XI This may be also of a rent or other profit out of land by disturbing him in the means of comming to it as XII In every rent Encloser and Forestaller XIII Encloser is when the tenant incloseth the land so as he cannot come to distrain or demand it XIV Forestaller is when the tenant besetteth the way with force and armes upon his comming XV. Of this nature is the menacing of him when for doubt of some bodily hurt he dare not come XVI In a rent service and rent charge Rescous and Replevin XVII Rescous when either the party having distrained the distresse is rescued or being upon the land to distrain cannot be suffered to do it XVIII Replevin is when an action of Replevin is brought upon a distresse taken XIX In a rent charge and rent seck Denier XX. Denier is when the rent being demanded upon the land is not paid XXV Usurpation is when the Church becommeth full by the presentment of a wrong Paâ—ron and the Institution of the pattie presented by the Ordinary XXII But against the King Induction onely doth it XXIII Of the second sort are Intrusion and Abâ—tement being of a free-hold in Law XXIV Intrusion which is after the death of the tenant for life XXV Abatment which is after the death of one that hath the Inheritance CHAP. 14. Trespass Menaces Assault false Imprisonment Battery Mayhem Rape I. SUch is the nature of an Offence without force II. An Offence with force is a Trespasse or an Offence against the Crown III. Trespasse is a criminall Offence punishable by a Fine to the King IV. For this the party must be imprisoned untill he do compound V. Trespasses touch Possessions or the person VI. Possessions when the wrong is done in them namely in Goods or Lands VII Trespasse in Goods is the wrongfull taking of them with pretence of Title VIII And therefore such a Trespas altereth the property of the Goods IX Trespasse in Land is when the Trespass is done upon the actuall possession thereof X. Beasts and other Chattels may be distrained by him that hath damage by them XI Hither belongeth Ejectment when a Termer for years of Land is ousted XII Here the King having possession none can put him out XIII Trespasses to the person are with pretence of violence or violence in deed XIV Pretence of violence as Menaces and Assaults XV. Menaces are threatning words of beating one or such like through fear whereof ones businesse is foreslowed XVI Assault is an unlawfull setting upon ones person XVII Hither belong lying in wait besetting his Mansion-house and not suffering his Servants to go in and out c. XVIII Violence in deed is false-imprisonment or bodily hurt XIX False-imprisonment is an unlawfull restraint of liberty XX. Bodily hurts are either outward violencies only or Rape XXI Outward violencies onely are Battery and Mayhem XXII Battery is the wrongfull beating of one XXIII Mayhem is the wrongfull spoyling of a member defensive in fight XXIV Rape is the carnall abusing of a woman against her will CHAP. 15. Offences against the Peace I. BEsides these Offences being for the most part twixt party and party there are other Offences to the damage of the publike in the nature of â—respasses and are tearmed Contempts II. These Offences are punished not only by fine but sometimes by corporall pain and sometimes by losse of member III. As the Common-wealth is a body politick which consists of the King as the Head and of his Subjects as the Members thereof so are these Offences to be distributed IV Publike Offences against the King are to disobey the Kings Command by his Writ or Proclamation to disobey any thing ordained by Statute c. V. And therefore the Sherif that serves not the first Writ makes a contempt VI. Publike Offences to the body of the Common-wealth are first those which trench against the domesticall safety thereof as against the heart of the Common-wealth VII which safty consists in this that there be paâ—domi and threfore here the offences are Rebellions Insurrections Riots Routs unlawfull assemblies breach of the Peace and good behaviour false newes Barratrie Eves-dropping c. Also all trespasses with force which may be prosecuted by Indictment as well as by the suit of the party grieved VIII An unlawfull assembly is when above the number of two assemble together with purpose to do some unlawfull act IX Rout when they set forwards to do it X. Riot when they do it in deed XI In the second place come the offences that are against the strength of the Realme and the defence thereof against forraign enemies as against the hands and armes of the Common-wealth XII Of this sort are these to send victual or armour beyond sea in comfort and aid of the Kings enemies To go beyond sea without the Kings license whereby the King and the Realme may be enfeebled c. CHAP. 16. Against Justice I. THe third sort are offences against the justice of the Realm as against the thighes and legs thereof as II. Judges which delay or pervert Justice III. Officers Negligent or corrupt who do not execute their offices as they ought to do IV. Goalers who by fear of punishment cause their prisoners to become provers to accuse others or teach the Lay-people in their custodie to read for the salvation of their lives V. Enditors who give warning to Enditees whereby the Council of the King and the Justices is discovered VI. He that by negligence or voluntarily suffers one under arrest to go at large VII· And here if the arrest be for felonie such voluntary escape is felonie VIII Hither also all manner of extortion in Officers is to be referred IX A Juror that appears and is challenged and afterwards when he is found indifferent and is called to be sworn makes default He shall be fined to the value of his land by the year X. All force against the Justice of the Realm XI The breaking of Prison and here if it be by the party himself it is felonie XII Rescous when a stranger or the party himself disturbes the arresting of a felon or other XIII Affrayes in disturbance of Justice as XIV Such as come forcibly into the Kings Court in affray of the peace so as the Jurors dare not give their Verdict XV. Such as are evil people to beat the people of the Court Jurors of Enquest or any other XVI To go armed in the Kings palace XVII He that strikes a man in Westminster-hall shall lose his right hand XVIII He that strikes a Juror in the presence of the Justice shall have the same punishment and besides shall suffer perpetuall imprisonment XIX Conventicles which comprehend conspirators and confederators XX. Such as receive people to their avowment to maintain them right or wrong XXI Maintenance when a man maintains a suit in law XXII Champarty when he maintains it to have part of the thing sued for XXIII Offences in savour of malefactors as
when the Grand jury is taken and may plead in bar of the attaint but not in abatement of the writ XIX The Plaintiffe in the Attaint can give no more Evidence then was given at the first but the defendant in affirmance of the first verdict may XX. Audita querela is for one being or to be in execution to relieve him upon good matter of discharge which he hath no means to plead XXI The processe where the Audita querela is sued before execution is a venire facias and distresse and upon default after appearance and plea pleaded a distringas ad audiendum judicium for thereby judgment is to be given against him XXII In case of an Audita querela sued before execution he may have a supersedeas upon good matter of discharge surmised in the writ of Audita querela to stay for once the execution upon sureties XXIII After execution the processe is onely a Scire facias for if the processe should be by distresse infinite peradventure the partie should loose issues to keep the others body in perpetual prison FINIS STATUTES CHAP. I. Rule 1. IN the second Volume of old Statutes is a long Act made Anno 12 E 1. entituled Statuta Walliae whereby it appeareth that Wales was then incorporated into England there are also many good Lawes concerning the division of Wales into Counties also for trials of Actions together with divers formes of Writs and the proceeding thereupon much like the Lawes of England c. Stat. 27. H. 8. 26. Incorporateth Wales into England and the other Statutes that concern it are 28. E. 3 2. 9. H. 4. 4 2. H. 5. Stat. 2. 5. 26 H. 8 4. 26 H 8. 6 27 H. 8. 7. 33. H. 8. 13. 34. 35. H. 8 26. 18 El. 8. 27. El 9 Rule 35. Stat. 37. H. 8. 21. By assent of Ordinary Incumbent and Patron under their seales an union may be made of two Churches being not above six pounds yearly value in the Kings Books nor distant one from another above a mile saving to the King his tenths and first fruits Incorporate Towns it must be by assent of the Corporation If such a poor Parish will within a year assure by writing to the incumbent and his successors 8 l. yearly the union shall be void Rule 36. c. Magna Charta 36. 9 H. 3. If any shall give lands to a religious house the grant shall be void and the land forfeit to the Lord of the fee. Stat. of Glocester or de religiosis 7 E. 1. If lands be aliened in Mortmain the immediate Lord hath a year to enter the next Lord half a yeare and so from Lord to Lord till it come to the King Westm 2. 32. 13. E. 1. Ecclesiasticall persons being debarred by the former statutes to obtain lands in Mortmain by alienation endevoured fraudulently to obtain them by default in a suit And therefore in such case it as ordained by this statute that it should be enquired by the country whether or no the Demandant had just title and if so then he should recover seisin but if otherwise the Lord of the fee should enter as before West 2. 41. The King founder of a religious house may seize Lands which he gave them if they alien Ordinatio de perquirendis libertatibus 27. E. 1. Before licences are obtained to Amortize lands the writ Ad quod damnum shall issue out of the Chancery to inquire concerning the same c. The statute of Amortizing of Lands 34. E. 1. Lands shal not be aliened in Mortmain where there be mean lords without their consents declared under their seals neither shal any thing pass where the donor reserveth nothing to himself or where the inquisition is made and returned without warrant viz. without the writ Originall returned with the inquisition c. The statute of writs for making inquisitions of Land to be put in Mortmain Incerti temporis Writs of Ad quod damnum for amortizing lands shall not be granted but upon petition in full Parliament Stâ—tutum de Clero 3. 18 E. 3. If Prelates Clerks beneficed or other people of religion being impeached for purchasing lands in mortmaine shew the Kings charter of license process therupon made by an Inquest of Ad quod damnum or of the Kings grace or by fine they shall be in peace And albeit they cannot sufficiently shew that they have entred by due process licence to them granted yet they shall be well received to make a convenient fine for the same Stat. 15. R. 2. 5. Lands converted to a Church-yard or purchased to the use of any spirituall person Guilds or Fraternities or by a corporation shall be within the Statute of Glocester 7. E. 1. CHAP. 2. Rule 3 PRaecog Reg. 9. 17. E. 3. The King shal have the custody of the lands of naturall fools taking the profits thereof without waste and finding them necessaries and after their death shall render them to the right heir Praec Reg. 10. The King shall provide that the lands of lunaticks be safely kept without waste and that they and their families if they have any shall be maintained with the profits thereof and that the residue be kept for their use and delivered unto them when they become to be of right mind so as their lands shall not be aliened neither shall the king have any profit therof to his own use But if they dye in such estate the residue shall be distributed for their souls by the advice of the Ordinary Rule 4. Stat. 1. R. 3. 1. All grants conveyances recoveryes and other assurances made by Cesti que use being of full age Compos mentis and at large shall be good against him and all others claiming as his heir or heirs or to his use saving the right of all others Stat. 4. H. 7. 17. The heir of Cesty que use of Knight-service land shall be in ward and pay relief Stat. 19. H. 7. 15. execution upon judgment statute or recognizance shall be good against Cesty que use The heir of Cstey que use shall pay relief heriot c. Cesty que use being a Bond man the Land shall be seised by the Lord. Stat. 27. H 8. 10. Where any be seised to the use of trust of another Cesty que use or trust shall have the possession in such qualitie manner and condition as he had the use or trust so when any be seised to the use or intent that another shall have a yearly rent of the same lands Cesty que use of the rent shall be deemed in the possession thereof of like estate as he had that use Stat. 27. H. 8. 16. Bargaines and sales to raise an use of Inheritance or freehold must be by deed indented and inrolled within six moneths in a court of record at Wstem or in the County where the land lieth Rule 9. Stat. 50. E. 3. 6. Fraudulent Assurances of lands or goods to deceive Creditors shall be void and the creditors shall
shall be no wreck but the things shall be prised by the Sheriff or Coroneâ— and delivered to those of the Town where they 〈◊〉 found to answer for them So as if any within a yeâ—â— and a day prove that the goods are his they shall 〈◊〉 restored to him CHAP. 13. Rule 3. Stat. 32. H. 8 28. Leases made by tenant 〈◊〉 tail or by him who is seised in the right of his wife or Church they being of full age at the time of such a lease made shal be good against the Lessors their wives heirs and successors This Statute shal not extend to any lease to be made of lands in the hands of any Farmer by force of aâ— old lease unlesse such an old lease expired within a yeaâ— after the making of the new nor to any grant to be made of any reversion of such lands nor to any lease oâ— lands which have been let to Farm 20 years before such lease made nor to any lease made without impeachment for waste nor for above 21 years or three lives from the making thereof and that upon every such lease there be reserved so much yearly rent as hath biâ— usually paid within 20 years before such lease made And the reversioner of such lands c. may after the death of such lessor oâ— his heirs have such remedie against such lessee his executors and assignes as such lessor might have had against such lessee Provided that all leases made by the husband of land c. being the inheritance of the wife shall be made by Indenture in the name of the husband and wife and she to seal to the same and the rent shall be reserved to the husband and wife and the heires of the wife And here the husband shall not alien or discharge the rent or any part thereof longer then during the coverture unlesse it be by fine leived by husband and wife No fine feoffment or other act done by the husband only of the inheritance or free-hold of the wife shall make any discontinuance or prejudice the wife or any other who is to enjoy the estate after her decease fines leived by the husband and wife onely excepted Stat. 1. El. not printed All estates made by any Arch-Bishop or Bishop of any mannors Lands c. parcel of their Bishoprick other then to the Queen c. and other then for 21 years and three lives from the time of such estate made and whereupon the accustomed yearly rent or more shall be reserved shall be void Stat. 13. El. 10. All leases conveyances and estates made by any master and Fellowes of a Colledge Dean and Chapter Guardian of an hospital Parson Vicar or other having any ecclesiastical living c. other then for 21 years or three lives from the making and wherupon the accustomed yearly rent or more is reserved shall be void Stat. 14. El. 11. The branch of the Statute of 13. El. 10. made to avoid certain Leases shall not extend to houses scituate in Corporations or Market-townes or the Suburbs thereof nor to the grounds of such houses so as they be not the dwelling houses of the persons there restrained nor have 10 acres of ground belonging to them Provided that no leases in reversion shal be made of such houses nor without reserving the accustomed yearly rent at least nor without charging the lessâ—â— with reparations nor for a longer term then 40 years Neither shall any such houses be aliened without purchasing presently after other lands in Fee-simple of good value Stat. 18. El. 11. All leases made by such persons are mentioned in 13. El. 10. where another lease is being not to be expired surrendred or ended with three yeares next after the making of such new lease shall be void And all Bonds Covenants for renting of any such lease contrary to this Act or to thâ— said Stat. of 13 El. 10. shall also be void Rule 21. Westm 2. 5. 13. E. 1. Usurpation of Churches during wardship particular estates Coverture 〈◊〉 Vacanci shall not bar the heir at full age the reversener or remainder in possession the feme-discovert 〈◊〉 the spiritual person in succesion from having their wriâ— of Advowson possessory viz a quare impedit or an assize of Darrein presentment as their ancestor or predecestor might have had usurpation had happened in their time whereas before this Act they were 〈◊〉 such cases put to their writ of right of Advowson One and the same form of pleading shall be used 〈◊〉 Darrein presentment and Quare impedit viz. if the defendant alledged plenartie of his own presenatiâ—â— the plea shall not stay by reason of the plenartie so 〈◊〉 the writ be purchased within the six moneths albeit 〈◊〉 cannot recover within that time Where partition is made upon record or by fine 〈◊〉 present by turn the Coparcener that is disturbed shaâ—â— not be put to a Quare impedit but may have remedâ— upon the Roll or fine by Scire facias And amongâ—â— Coparceners if one present twice together yet shaâ—â— not the other barred but have his other turn when it falleth CHAP. 14. Rule 4. Westm 2. 34. 13. E. 1. If a man ravished woman married maid or other albeit she did consent after he shall have judgment of life and member and here the King shall have the suit Stat. 6. R. 2. 6. Both the ravisher and ravished where she consents after the fact are disabled to have or chalenge any inheritance dower or loint-estate after the death of their husband or ancestor In an appeal of Rape the Husband father or next of the blood shall have the suit and the Defendant shal not be received to wage Battail CHAP. 15. Rule 2. WEstm 1. 33. 3. E. 1. he that publisheth any false news or tales whereby discord or occasion of discord slander may grow betwen the King his people or the Nobles shall be kept in prison untill he hath brought him forth into the Court that did speak the same Stat. 12. R. 2. 11. The like for him that telleth false lies of nobles and great offices whereby discord may arise between the Lords and Commons Stat. 12. R. 2. 11. in the case of these former Statutes if the party cannot bring forth him that speak the same he shall be punished by the aduise of the Council CHAP. 19 Rule 4. 31. E. 3. Stat. 1. 2. If any man or Town charged with the goods of fugitives or felons will in discharge of himself alledge another that is chargeable therewith he or they shall be heard and right shall be done him Stat. 1. R. 3. 3. None shall seize the goods of any arrested for suspition of felonie before he be convict or attaint thereof or the same goods be otherwise lawfully forfeited in pain to forfeit to the party grieved double the value of the goods so taken to be recovered by action of debt c. Rule 6. 1. E. 6. 12. The wife shall be endowed albeit her husband were attainted convicted or
every Accomptant or him that receiveth money for the Queen or her successors to be imployed to the use of the Queen c. shall be extended in the nature of a Statute staple for the payment of the arrerages Or the Queen c. if he do not satisfy within six moneths after the arrerages found may sell his land and the party may have the surplussage to be delivered to him by him that received the money upon the sale without further warrant This sale to be of any land whereof it is found by Inquisition that the Accomptant taketh the profits with Inquisition if it be true after traverse of the office and that found for him he shall have his land againe without any petition livery or Ouster le main Here if any such buy land with the Queens treasure and pay not the arrerages as before the Queen shall seize and retain the land according to the rate that the party had it This Act extendeth not to such officers as have used to disburse money immediatly after their accounts past as the treasurers of War Garisons Navies c. unlesse the Queen c. command present pay Neither doth it extend to Accomptants whose whole Receit exceedeth not 300 l. not to Sheriffes Escheators or Bailiffes of Liberties The Queen c being satisfied by sale of land the sureties shall be discharged for so much and if any remain yet unpaid the sureties shall pay the residue ratably according to their abilites Stat. 2 7. El. 3. the Queen c. may make sale of the accomptants lands c. as wel after his death as in his life time and as well where the accompt was made and the debt known within eight years after his death as in his life time Provided that after the Accomptants death and before the lands be sold a fcire facias shall be awarded to garnish the heir to shew cause why the lands c. should not be sold c. whereupon if the heir upon such Garnishment or two nihils returned do not prove unto the Court that the executors or administrators of the accomptant have sufficient then ten moneths after such two nihils or garnishment returned the lands c. shall be sold and disposed according to the Stat. of 13. El. 4 Nevertheless the heirs sale bona fide and upon good consideration before the scire facias awarded shall be good to him that is not consenting to defraud the Queen c. This Act shall extend to all Officers of Receipts and Accompts to the Queen and to none other The heirs lands c. shall not be sold during his minority but at any time within eight years after his ful age they shall be liable as aforesaid If the Accomptant or debtor had a Quietus est in his life time that shall discharge the heir of debt Stat. 7. Ja. 15 No debt shall be assigned to the King c. by any debtor or accomptant other then such debts as did before grow due originally to the Kings debtor or Accomptant bona fide All Grants and Assignments of debts to the King c. contrary to the true intent of this Act shall be void Rule 15. Marlbr 23. 52. H. 3 Attachment given in an Action of Accompt against Bayliffs that withdraw themselves and have no lands or tenements to be distrained by Westm 2. 11. 13. E. 1. He to whom the accompt is to be made may assign Auditors to take it who may immediately commit to the next Gaole the Accomptant being found in arrerages till he fully satisfie wherupon the Accomptant finding himself grieved may bring the matter by a scire facias before the Barons of the Exchequer CHAP. 32. Rule 22. WEstm 1-20 3. E. 1. Trespassers in parts and Ponds attainted at the suit of the party besides making large amends according to the trespass and fine at the Kings pleasure shall have three years imprisonment and finde good surety not to commit the like trespasse And if he cannot finde surety he shall abjure the Realm Being a fugitive and having no lands or tenements whereby to be justified he shall be proclaimed from county to county and if he appear not outlawed Stat. 5. R. 2. 7. None shall enter into lands or tenements by force in pain of Imprisonment and ransome at the the Kings pleasure Stat. 15 R. 2. 2. When forcible entry is made into lands or Church-livings one or more Justices of peace taking sufficient power and going to the place so kept by force may commit the offender to the next Gaole there to remain convict by the Justices record till he hath made fine and ransome to the King and herein the Sheriff and all others shall be assistant in paine of Imprisonment and great fines making Stat. 8. H. 6. 9. The Statute of 15 R. 2. 2. shall be duely put in execution both against forcible entry and forcible detainer though the entry was peaceable When complaint of any such entry or detainer shall be made to any such Justice or Justices of peace he or they by precept shall command the Sheriffe to summon a sufficient Jury and having by them made inquiry of the force committed shall cause the tenements to be reseised and that as well in the absence as presence of the party offending And here the alienation of tenements so entred into or detained by force for maintenance shall be adjudged void Howbeit this Act shall endamage none where peaceable possession hath been enjoyed three years Stat. 31. El. 11. There shall be no restitution upon an Indictment of forcible entry or detainer where the defendant hath been three years next before in quiet possession and his estate therein ended Stat. 21. Ja. 15. Vpon force or detainer as aforesaid a Justice or Justices of peace have power to give restitution of possession as well unto tenants for years by Elegit Statute-Merchant or staple copiholders or Guardians by Knight service as unto such as claim freehold or Inheritance Merton 6 20. H. 3. A Lay-man ravishing or marrying a Ward within 14 years of age shall be imprisoned besides losse of the value of the marriage Westm 2. 35. 13. E. 1. A strict Law against one that taketh away a Ward CHAP. 33. Rule 2. MAgna Cart. 34. 9. H. 3. A woman shall have no appeal but only of the death of her husband Glocester 9. 6. E. 1. An appeal of the death of a man must be brought within the year Stat. 3. H. 7. 1. One acquitted upon an indictment of Murder or man-slaughter or as accessory shall not go at large without good bayl untill the year and day be past within which time an appeall may be brought if no Clergy be had before and all advantages therein saved as if the acquittall had not been CHAP. 34. Rule 17. 18. WEst 2. 7. A guardian may have writ of admeasurement of dower howbeit the heir at full age shal not be barred by that suit if the guardian did follow it faintly In
Writs of admeasurement both of Dower and Pasture after the great distresse proclamation shall be made two County dayes whereupon if the party come the plea shall proceed if not admeasurement shall be made in his default Westm 2. 8. 13. E 1. when the same party after admeasurement another time surchargeth the Common a writ to enquire of that second surcharge shall go 〈◊〉 either judiciall if the former admeasurement were before the Justices or otherwise Originall out of the Chancery and the beasts surcharging the Common or their value shall be answered to the King Rule 24 c. Marlbr 21. 52. H. 3. The Sheriff may replevin beasts not only without but within a liberty also if the bayliff of the liberty will not do it Westm 2. 2. 13. E. 1. The sheriff or bayliff shall take pledges of the plaintiff before they make deliverance of the beasts not only de prosequendo but for return in them if a return be adjudged he that taketh pledge otherwise shall answer the price of the beasts Upon a return awarded to the defendant the writ de returno habendo shall have this clause that the Sheriffe shall not deliver them without writ wherein mention shall be made of the Judgment and thereupon he may if he will hare a judicial writ to the Sheriffe to deliver him the beasts but if afterwards the Plaintiffe desire to replevie his Beasts again he shall have a Judiciall writ viz a writ of second deliverance that the Sheriffe taking surety for the suit also for the beasts to be returned or their price if return be awarded shall deliver the beasts before returned and the distrainor shall be attached to come before the justices at a certain day and if he that replevied make default or for some other cause return of the dissresse is awarded being now twice replevied the distresse shal afterwards remain irrepleviable Stat. 1. 2. P.M. 12. Every Sheriffe of a Shire being no City shall at his first County-day or within two moneths after receit of his patent proclaim in the shir-town four deputies at least dwelling not past 12 miles one from another which in his name shall make Replevins as the Sheriffe might do himselfe Rule 30 Stat. 2. E. 3. 3. Commissions of Oyer and Terminer shall be only granted to the Justices of the one Bench or other or to Justices errants CHAP. 36. Rule 1. STat de quo warranto 18. E. 1. Pleas of quo warranto shall from hencforth be pleaded and determined in the Circuits of the Justices See also Stat de quo warranto novum Rule 3 c. Stat. 36. E. Stat. 1. 13. No Escheator shall take enquests of office but indented between the Jurours and him otherwise they are void Stat. 33. H. 8. 22. No Escheator shall sit virtute officiâ— only to find an office of lands holden of the King of 5 l. value or above in pain of five pounds Stat. 8. H. 6. 16. No escheator shall take inquests bâ— of people impannelled by the Sheriff and those enquests must be returned within a month after the taking in pain of 20 l. so also of Commishoners Stat. 23. H 6. 17. An Escheator shall take an inquest virtute brevis within a month after the delivery of the writ unto him his fees are there also set down Stat. 1. H. 8 8. He shall not sit unlesse he have land c. to the clear yearly value of 40 marks in pain of 20 l. He shall not delay to take the Verdict when the Jury offers it in pain of 100 l. so also of Commissioners He shall not be Escheator again within three years after that year ended Stat. 36. E. 3. Stat. 1. 13. A traverse is given to the party whose lands are seized by office of alienation without licnece or the nonage of the heir in Ward It shall be sent to the Kings Bench to be tryed Stat. 69. E. 3. Stat. 1. 13. Upon a traverse of monstrâ—â— de dron the Chancellor may let him that tenders it the lands holden to farm finding surety to do to waste Stat. 8. H. 6. 19. They shall not be let to farm till the inquests returned nor within a month after withoâ—â— which time the party grieved may have the benefit oâ— the former statute All Letters Patents within the moneth shall be void Stat. 18. H. 6. 6. All Letters patents made of lands oâ— tenements before office found and returned shall bâ— vo d. Stat 1. H. 8. 8. Divers good provisions concerning â—â—cheators Commissioners Jurors and Offices and thâ— manner of returning offices into the petty bagg Stat. 1. H. 8. 10. Lands soiled into the Kings hand by office shall be let to farm to him that tendred to traverse the same within three moneths after such office found notwithstanding the Statute of 8 H. 6. 16. Stat. 2 3. E. The estates and interests of others shall be saved though they be not found in the office where an heir of full age is found within age he shall have a writ de aetate probanda and may proceed to sue out his livery or ouster le main as his case is and receives the profits of his lands notwithstanding such office found Where after the Kings tenants death more hiers then one are found or if one be untruly found a Lunatick Ideot or dead the party grieved may have his traverse as in other cases of untrue Inquisitions A Traverse of Monstrans de droit is given without peition though the King be titled by double matter of Record When the Jury finds de quo vel de quibus Ignorant or per quae servitia ignorant the first shall not make a tenure of the King nor the last tenure in Caâ—ite but in such cases a Melius inquirendum shall issue forth traverse given to an ofice where a wrong tenure is found the rents of mean Lords shall be paid during the nonage of the Ward by the officer that receives the revenue of the Wards lands Artic de super cart 19. 68 E. 1. When the Sheriffe or Escheator seize land into the Kings hand without cause upon ousting of the Kings hands the party shall have the mesne issues Stat. de Escheatoribus 29 E. 4. 3. If the Escheator by writ out of the chancery seize land into the kings hand and after upon Inquisition no title is found for the king to have the Custodie an ouster le main shall be awarded for the party out of the Chancery Provided that if any thing afterwards may be found in the Chancery Exchequer or K. Bench for the King a scire facias shalâ— go out against the party and if the King have right 〈◊〉 shall be answered of all the issues from the time of thâ— Escheators first seisiing of the land Stat. 23. H. 6. 17. In a scire facias upon a traversâ— against any Patentee no protection shall be allowed Rule 11. Stat. 28. E. 3. 4 The rents given to theâ— that sue livery when the rent day
commeth how sooâ— soever it cometh after the livery Stat. 3â— H. 8. 46. The erection of the Court of Ward And Stat. 33 H. 8. 22. the annexing thereunto the Liveries See the Statutes at large Rule 31. Also for the better preservation of the peacâ— divers wholesome Lawes bean to be framed from thâ— begining of the Reigne of E. 3. for the establishing 〈◊〉 justices of Peace in every County untill at last aboâ—â— the 12 year of R. 2. they were fully setled and haâ— power to keep their Quarter-Sessions which Government Sir Edward Cook hath observed to be the best iâ— the Christian world for the preservation of the Peace And therefore see those Statutes as you shal find theâ— ranked together in divers Books now extant Rule 33. Concerning Informations there are direâ—â— good Lawes made which are now sorted together under the titles of actions popular or Informations in dâ—vers Treatises which treat of the office of a justice oâ— Peace and therefore it is conceived needlesse here tâ— insert them Rule 34 See Officium Coronatoris 4. E. 1. Whicâ— setteth down the whole order how he is to proceed upoâ— inquiries See also Stat de Exonia 14. E. 1. and the aâ—ticles thereunto annexed Artic super Cart. 3. 28. E 1. The Coroner of the couâ—tie shal joyn with the Kings Coroner in inquring of thâ— death of a man in a Kings house Stat. 33. H. 8. 12. The Coroner of the Kings house shall inquire alone without the Coroner of the County by a jury of the Yeoman officers of the Court. CHAP. 37. Rule 10. Stat. 31. El. 3. Upon a summons in a reall action fourteen dayes before the return a Proclamation of the Summons shal be made upon a Sunday after divine Service at the doore of the parish-Church where the Land lieth and shall also be returned with the names of the Summoners And till that done no Grand Cape shall go out but a Alias and Pluries as the case requireth Rule 15. Stat. 1. H. 55. In every original writ of actions personal appeals indictments in which the Exigent shall be awarded to the names of the defendants additions shall be made of their estate and degree or misterie and the Towns Hamlets Place and Counties in which they were or be conversant otherwise all Outlawries thereupon pronounced shall be nul And before these Outlawries be pronounced the said writs and indictments shal be abated by the exception of omitting the said additions Stat. 6. H. 6. 1. All Exigents and Outlawries upon indictments in the Kings Bench of Felony and Treason shall be void if before the Exigent awarded a Capias be not directed to the Sheriff of the County whereof they be named in the Indictment having six weeks space or larger at the discretion of the justices before the return Stat. 8. H. 6. 10. In every indictment or appeal of Treason Felonie or Trespasse after the first Capias returned forthwith before the Exigent another Capias shall be awarded to the shheriffe of the County where by the indictment the party is supposed to abide retâ—â—able before the same Justices c. containing the sâ—â— of three moneths where the Counties be holden 〈◊〉 moneth to moneth and of four moneths where tâ— be holden from six weeks to six weeks by which Capâ—â— the Sheriffe shall be commanded to take his body if be found in his Baliwick If he be not found theâ— make proclamation for his appearance in two Coâ—â—ties before the return of the writ Any Exigent or Oâ—â—lawrie otherwise pronounced shal be holden for noâ— Stat. 10. H. 6. 6 The like is to be observed when 〈◊〉 indictment or appeal taken before Justice of Peâ—â— or other having power shall be removed before 〈◊〉 King in his Bench or elswhere by Certiorari or othâ—â—wise Stat. 6 H. 8. 4. Upon every Exigent a writ to mâ—â— three Proclamations returnable the day of the retuâ—â— of the Exignt and the Proclamations to be made 〈◊〉 two in the full County Court the third at the genâ—ral Sessions shall goe out to the Sheriffe of every othâ—â— County viz. then that where the action is broughâ— where the defendant is said to be or lately to have beeâ— if the Kings writ run there otherwise to the Couâ—â— next adjoyning to that where he is said to be Eveâ—â— outlawry to the contrary shall be avoided by plea. Stat. 37. E 3. 2. A writ Identitate nominis giveâ—â— those whose lands goods or chattels be seized by 〈◊〉 ofheer surmising them to be outlawed where they bâ— not because they bear such names as they who bâ— outlawed for want of good declaration of the Siâ—name Stat. 9. H. 6. 4. A writ of Identit ate nominis shall be 〈◊〉 this case maintainable by executors as well as by the testatoâ— himselfe if he were living Rule 18. Stat. 5. E. 3. 12. where the Plaintiffe hâ—â— recovered damages and he against whom damages are recovered is outlawed at the Kings suit no Charter of pardon shall be granted except the plaintiffe be satisfied for his damages When one is outlawed by pâ—ocesse before his appearance no such Charter shall be granted except he yield himselfe before the Justices from whom the Exigent issued who shall cause the party to be warned to appear before them at a day whereupon if the plaintiffe appear they shall plead upon the first originall as if no Outlawry had been If the plaintiffe appear not and the warning be duely witnessed he that is outlawed shall be delivered by vertue of his Charter Stat. 31. El. 3 Upon every Exigent in a personal action a writ of proclamation shall go out of the same Court to the Sheriffe of the County where the defendant at the time of the Exigent shall be dwelling whereupon three Proclamations shall be made viz one in open County-Court another at the Quarter-Sessions and the third one month at least before the Quinto exact at the door of the parish Church where the defendant shall be dwelling at the time of the Exigent upon a Sunday immediately after Divine Service All Outlawries otherwise executed shall be void But before reversing of any such outlawrie in this respect the defendant shall put in bail not onely to answer the Plaintiffe in a new action but to satisfie the condemnation if the Plaintiffe begin his suit within two Termes Rule 20. Stat. 25. E 3. Stat 5. 14 The second Capias in case of Felony must be returned three weeks after Rule 24. Westm 2. 39 13 E. 1. The Plaintife may averre that the Sherife might have returned greater issues and thereupon shall have a Judicial writ to the Justice of Assize to inquire of what and how great issue he might have answered from the day of the purchase of the writ to the day of the return and the Sheriffe shall be charged with the surplussage not returned Stat. 1. E. 3. Stat. 1. 5. The like averment of too small issues returned given against Bailiffes of Franchises as well as against the
shall be put to answer to any offence committed before his admission to the Clergy wherupon Clergy is not allowable and wherof before he was not indicted and acquitted convicted or attainted and pardoned and shall be demeaned in all things as if he had never been admitted to his Clergie Stat. 18. El. 7. He that is allowed Clergie shall not be deliverd to the Ordinary but after burning in the hand shall be forthwith delivered by the Justices out of prison yet for further correction they may detain him in prison so as it be not above a year Rule 24. Westm 2. 12. One being acquitted upon an Appeal or Indictment of felony may have the abettors inquired and have a judicial writ for damages against them if the appellant be not sufficient Stat. 8. H. 6. 10. An Action upon the case given for him that is duely acquit by Verdict against every procurer of any judgment or appeal of treason felony or trespasse and like processe shall be therin as in a writ of trespasse vi armis Rule 37. Westm 2. 18. 13. E. 1. Where debt is recovered or knowledged in the Kings Court or damages awarded it shall be from henceforth in the election of the Plaintiffe to have a writ of Fieri facias unto the Sheriff to levie the debt upon the lands and chattels of the debtor or that the Sheriffe shall deliver to him all the chattels of the debtor except oxen and beasts of his Plough and the one half of his land until the debt be levied upon a reasonable price or extent And if he be put out of the land he shall recover it again by a writ of Novel disseisin and after that by a writ of redisseisin if need be Action Burnel 11. E. 1. A debt acknowledged to a Merchant before the Major of London York or Bristol or before a Major or Clerk appointed therunto by the King shall be enrolled and if it be not paid at the day the debtors moveables shall be prized and sold in satisfaction by the Major if he have any within his jurisdiction else by writ out of the Chancery upon a Certificate of the Recognizance thither The Apprisors are to take them at the price if they apprize them too high if the debtor have not moveables sufficient he shal be imprisoned until c. The like processes against pledges in default of sufficient movables of the principall Stat. de Mercatoribus 13. E. 1. A debt acknowledged to a Merchant before the Major of London or chief warden of the Town which the King shall appoint or other sufficient men when they cannot attend before a Clerk which the King shall assigne shall be enrolled and if it be not paid at the day the debtor if he be a Lay man shall be imprisoned by the Major untill c. if he be within their power else by writ out of the Chancery upon Certificate of the Recognisance thither And if he agree not with the Creditor within a quarter of a year after then all the lands which were the debtors the day of the Recognisance made and also his goods shal be delivered to the creditor upon a reasonable extent And of these lands so delivered the Conisee being ousted shal have an assize or redisseisin The writ out of Chancery shall be returnable before the Justices of either Bench and upon a non est inventus returned or that he is a Clerk writs to all the Sheriffes where he hath lands or goods shall go forth to deliver the same upon reasonable extent and to what Sheriff he wil to take his body The like Proces shal be against the pledges if the mony be not paid at the day If the debtor or pledges die the Creditor shal have execution upon the lands of the heir as at his ful age The Stat. of the Staple 27. E. 3. Stat. 28 the Major of the staple shall take recognisance of debt before himself and the Constables of the Staple whereupon default of payment being made the debtors body shal be imprisoned and his goods sold in satisfaction of the debt if they be within the Staple otherwise upon a Certificate in the Chancery a writ shall go out from thence to imprison his body and seize his lands and goods which shall be returned into the Chancery and execution therupon in all respects as in the Statute-Merchant save that the debtor shal have no advantage of the quarter of a Year Stat. 5. H. 4. 12. a Statute being once shewed in the Common Place and the processe afterwards discontinued yet execution may afterwards be awarded without showing it again Stat. 11. H. 6. 10. He that is in Prison upon a Recognisance shall not be delivered out of prison upon a scire facias against the party and surety found to the King alone but shall finde sureties severally as well to the King as to the other Partie Stat. 23. H. 8 6. Either of the Cheif Justices or in their absence out of the term the Major of the Staple of Westminster with the Recorder of London may take Recognisances and they shall be executed in all respects as a Statute Staple Stat. 27. El. 4 Every Statute Staple or Merchant not brought to the Clerk of Recognisances within 4 months next after the acknowledgement therof shall be void against all persons their heirs successors executors administrators and assigns onely which for good consideration shal after the acknowledging therof purchase the land or any part thereof lyable thereunto or any rent lease or profit out of the same Stat. 32. H. 8. 5. Lands lawfully delivered in execution upon a judgement Statute Merchant Staple or Recognisance being evicted without any fraud or default in the tenant before he have levied the whole debt and damages and Recoverer and Recognisee shall have a scire facias out of the same Court where execution was awarded returnable there full forty dayes after the date and therupon a new writ of execution of the nature of the former shall issue forth to levie the rest of his debt and damages if the defendant make default or shew no good matter in barre Mag. Cart. 8. 9. H. 3. The King shall not take the lands or rents of the debtor if he have sufficient chattels Mag. Cart. 18. The goods of the debtor may be attached after his death by the view of lawful men that nothing be medled with till the Kings debt paid Stat. 33. H. 8. 39. All obligations to the King shall be of the force of a Statute staple Rule 48. Westm 2. 45. 13. E. 1. For all things recorded before the Kings Justices or contained in fines as contracts Covenants Obligations Services or Customes acknowledged or any other things enrolled a writ of execution shall be within the yeer But after the yeer a Scire facias The like also is of a Mesne who by judgment or recognisance is bound to acquit CHAP. 47. Rule 9 Stat. 9. R. 2. 3. If tenant for life or in tail
Leviable by distresse as A Seigniory which is a Service whereby Land is holden and such Services are Common to all certain Estates Fealty Rent service Hither also may be referred Frankalmoigne and Divine Service Proper to Inheritance Generall Homage Suit of Court Particular whereby Lands are distinguished The Services themselves Soccage Knight-seâ—vice In the Lords life-time as reasonable Ayde After his death as Wardship and Releif A Rent charge which is a Rent with liberty to distrain upon the Grant or Reservation of a certain Rent to be issuing out of Land Such as cannot be distrained for Tab. 8. The persons Tab. 9. TABLE 8. A bare Hereditament concerning Land for which no distresse can be taken is Rent-seck which is a Rent without liberty to distrain Common which is a profit to be taken in anothers land whither also may be referred Estovers Houseboot c. Also a way over Land liberty to Fish Hunt draw water or the like TABLE 9. A bare Hereditament that concerns the person is Of the person himselfe as a Villaine By reason of the person viz. An Annuity which is a yearly Rent to be had of the person of the Grantor A Corody which is a portion for ones sustenance or cloathing An Office which is a duty of attendance upon a charge TABLE 10. A Prerogative hereditament which is derived from the Kings Prerogative and is termed a Franchise being a Royall priviledge in the hands of a Subject as Markets Fairs Toll and whatsoever liberties else which created at first by the Kings special Grant or of their own nature belonging to him are given to a common person to have an estate in Of this sort also are Execution and return of Writs forfeited Recognizances Fines Post-fines Issues Amerciaments and other Green wax money within such a Precinct or Liberty Also power there to make a Coroner Clerk of the Market and other Officers to have therein Treasure Trove Deodands Wreck of the Sea Waifes Estrayes the goods of Felons and outlawed persons Royall mines Royall Fish to keep a Leet to take Conusance of Fines to hold plea of debts and damages Sans summe and the like TABLE 11. A Chattel wherein their cannot be several Estates whereof consider The common Affection viz. That all ones own Chattels whether in possession or action as debts c. may be devised by Testament which is the appointment of an Executor to administer them for him after his death The severall kinds and so it is Reall as a Term for years or Wardship Personall to which divers things belong In generall Bailment which is the delivery of goods To keep when only the custody is committed to him and that is A simple bailment when he receiveth them to keep for another A Pledge when he receiveth them for another thing had of him at the time To employ as when the Bailee hath the things to use for anothers profit Contract which is a mutuall agreement for the very property of Personal things In particular viz. for the Interest of things uncertain as Accord which is an agrement of the parties themselves upon satisfaction executed Arbitrement which is an Award of satisfaction by others TABLE 12. Punishment of Offences which are Without force as Trespass upon the Case Common as Misuses when by wrong one is endamaged as by slander or the like amongst which serve Disturbance which is the hindring of that which belongeth to one to do Nusanee which is an annoyance done to ones Hereditament Deceit when the damage groweth by an undue sleight or the like Conspiracy to do one wrong or the like Offences in the nature of Trespasses upon the Case which are by the Kings Prerogative punishable like to them viz. by amerciament as Non-suit in an action Fault in the Original Writ he brings Or by the Sheriff in the return thereof making default when he should appear And whatsoever other Offences not being with force which offer no direct injury to a common person Reall wrong Tab. 13. Coupled with force Tab. 14. TABLE 13. A reall wroÌ„g is Discontinuance when one having an Estate Tail or Fee-simple in anothers right maketh a large Estate of the Land then he may Ouster when one is put out of his Free-hold Indeed as by Disseisin of Land when one is put or held out by a forcible Entry Detainer Rent as In every rent by Incloser Forstaller In rent service rent charge by Rescous Replevin In rent-charge rent-seck by denyer Usurpation when the Church becometh full by the presentment of a wrong Patron In Law as by Intrusion which is after the death of the Tenant for life Abatement which is after the death of one that had the Inheritance TABLE 14. Wrongs coupled with force and they are Not punishable by death Trespasses and they touch Possessions as in Goods which is the wrongfull taking of them with pretence of Title Land when it is done upon an actual possession thereof The person and so Trespasses are With preteÌ„ce of violence as Menaces which are threatning words of beating one or the like Assault which is an unlawfull setting upon ones person With violence indeed as False Imprisonment which is an unlawfull restraint of liberty Bodily hurts and they are Outward violencies Battery which is the wrongful beating of one Maime which is the wrongful spoyling of a member defensable in fight Rape which is the carnall abusing of a woman against her will Offences against the Publike Tab. 15. Punishable by death Tab. 19. TABLE 15. Offences against the publike termed Contempts may be committed either Against the King as 1. To disobey the Kings Command By his Writ By his Proclamation 2. Disobey any thing ordained by Statute Against the Common-wealth viz. against 1. The peace thereof as Riots Routs unlawfull Assemblies breach of the Peace and Good behaviour false news Barreting Evâ—s-dropping c. Also all Trespasses with force for which a man may be both indicted and prosecuted at Law by the Suit of the Party 2. The strengh as to send aide to the Kings Enemies to go beyond Sea without the Kings Licence c. 3. The Justice Tab. 16. 4. The Wealth Tab. 17. 5. The Passages Tab. 18. TABLE 16. 3. Publick Offences against the Justice of the Common-wealth as 1 Perverting of Justice as corrupt Judges who pervert Justice corrupt or negligent Officers Enditors corrupt Jurors Extortion Escapes negligent and voluntary c. 2 All force against the Justice of the Realm as Rescous of a Felon or others Affairs in disturbance of Justice to go armed in the Kings Palace To strike in Westminster Hall for which he shall loose his right hand so shall he that strikes a Juror in the presence of the Justices and be also committed to perpetuall Imprisonment 3. Conventicles which comprehend conspirators and Confederators Maintenance Champerty c. 4 Offences in favour of Malefactors as Misprisions of Treason or Felony which for Treason is perpetuall Imprisonment Theft-boot when a man receives his goods