and such Lease is Mortmain by the words of the Statute de religiosis 7 E 1â S. colore termini for the said Statute is quod nullus emeret vel sub colore donationis aut termini aut ratione alterius tituli ab aliquo reciperi aut arte vel ingenio sibi appropriare presumat c. And the same Law oâ a Lease for 400 years or the like Contrary if a man leases for a 100 years or the like and covenants that he or his heirs at the end of a 100 years will make another Lease for another 100 years and so further this is not Mortmain for t is but one Lease for a 100 years and the rest is but a Covenant but in the first case for that is for 300 years at first in effect and all by one and the same Deed B. Mortmain 30. Leases 49. And 99 years is not Mortmain And also a Lease for a 100 years is not Mortmain by B. for t is a usual term 29. H. 8. B. Mortmain 30. By Br. if an alienation in Mortmain be and the alienee is disseised and the disseisor dies seised his heir is in by discent yet the Lord may enter within the year for he hath but onely a Title of Entry and cannot have an Action But otherwise of him who hath right of Entry and may have an Action 1. E. 6. B. Mortmain 6. the end Negativa preignans see Tit. Issues joyns Non-ability VVHere and in what Case aââ Alien is disabled from bringing of an Action what not See Tit Alien Non est factum Note that in Debt upon an obligation made for Usury and the Defendant pleads this matter he shall conclude and so the obligation is void Judgement si action and shall not conclude non est factum 7. E. 6. B. Non esâ factum 14. the end Nonsuit Note that the King cannot be non-suited Yet B. seems that he who tam pro Domino rege quam pro seipso sequitur may be nonsuited 25. H. 8. B. Non-suit 68. Note when the parties in an Action have demurred in judgement and have a day over there at that day the Plaintiff may be demanded and may be âonsuited as well as at a day given after issue joyned 38. H. 8. B. Nonsuit 67. Nontenure Where a man is barred by a false verdict and brings an attaint against the first Tenant nontenure is no plea for he is privy contrary of a stranger as where the Tenant infeoffs a stranger after 19. H. 8. B. Nontenure 6. In an attaint Non tenure is no plea âor a privy to the first action contraâor âor a stranger to the first Action B. Nontenure 16. And t is said that t is âo plea in an attaint to say that the Plaintiff in the Attaint hath entered âfter the last continuance 20. H. 8. B. Nontenure 22. Nontenure is no plea in Waste See Tit. Waste Nosme Name What shall be a good name of Purchase See Tit. Discent Note if a Dutchess or other such state marries with a Gentleman or an Esquire she by this shal lose her dignity and name by which she was called before as in the case of the Lady Powes and Dutches of Suffolk the one espoused R. Haward and the other S. the Dutches AdrJan Stokes and therefore Writs were abated in their Cases For by the book of Heralds quando mulier nobilis nupserit ignobili desinit esse nobilis 4. M. 1. B. Brief 546. Nosme 69. Notice The Patron shall take notice of every voidance of an Advowson except resignation and of this the ordinary shall give him notice Lecture Frowick B. Notice 27. Office devant c. Office before c. NOTE by those of the Exchequer where a man is attainted by Parliament and all his Lands to be forfeited and doth not say that they shall be in the King without Office there they are not in seisure of the King without Office for non constat of Record what Lands they are 27. H. 8. B Office devant 17. If the King grant Land for term of life after the Patentee dies yet the King cannot grant it over till the death be found by office this by reason of the Stat. that a grant before office shall be void 29. H. 8. B. Office devant â6 If an Office finde the death of the Kings Tenant and that his heir is of full age and doth not say when there it shall be intended that he is of full age tempore captionis inquisitionis but that he was within age tempore mortis tenentis and therefore it ought to be expressed certain when he was of full age 29. H. 8. B. Office devant 58. Note that t is an antient course in the Exchequer that if it be found by Office that I S. was seised in Fee and died sed de quo vel de quibus tenementa tenentur ignorant that a Commission shall issue to enquire of it certainly de quo c. and if it be found that of W. N. then the party shall have Ouster l'main of the King But if an Office be found quod tenetur de Rege sed per que servitia ignoratur this is good for the King and it shall be intended to be holden in Capite per servitium Militare for the best shall be taken for the King But now in these cases a Melius in quirendum shall be awarded by the Statute 30. H. 8. B. Office devant 59 Land was given by the King pro erectione Collegii Cardinalis Eborum and the Colledg was not erected and upon office found thereof the King seised Time H. 8. B. Office 4. the end T was agreed by the Justices that the King is not intitled to the land of his ward without office though he hath in it but a Chattell yet it comes ratione tenure which is a seigniory and free hold in the King 5. E. 6. B. Office devant 55. Note that of a Chattell the King is in possession without office And âcontra of land and of free hold except of a term And sometimes he shall be in possession of inheritance without office yet the King shall not have the land of his ward without office though he hath in it but a Chattel for the ward comes by reason of the tenure which is a seigniory and free hold in the King and therefore a difference betwixt this and a lease for years of a man outlawed For if a man hath a term for years or a ward and is outlawed this is in the King without office Lecture B. Office devant 60. Officer Note for Law if a man hath a fee of a Lord and after is made Justice this fee is not void by the Law but after the making of him Justice he is not to take any fee but of the King and the same law of him who hath an office of Steward and after is
claims not by the Lessor 1. E 6. B. Acceptance 19. Bishop Leases Land of his Bishoprick for years rendering Rent and dies the Successour accepts the Rent this shall binde him for the Bishop hath a Fee-simple and may have a Writ of Entry Sine assensu capituli otherwise in case of a Parson or Prebend who can have but a Juris utrum 2. E. 6. B. Acceptance 20. If a man be bound in an obligation to pay ten pound to the Obligee at Paris beyond Sea at a certain day if the Obligor pay at another place and the same day in England and the other accepts it t is good clearly 38. H. 8. B. Conditions 206. Acceptance of Rent by the Lord from the disseisor of the Tenant shall not bar him of his escheat otherwise if he had avowed for it in Court of Record c. See Tit. Escheat Action popular Note By the Statute the party which sues an Action Popular ought to sue it within the year after the offence done and not after and this as well of offences done against the Statute then made as against Statutes after to be made so see that it goes to a Statute after made B. Action Popular 6. Action upon the Case If I have a Mill in B. and another makes another Mill there by which I lose my Toll by going of divers to it yet no Action lies otherwise if the Mill disturb the water from coming to my Mill there I shall have an Action upon my Case 24. H. 8. B. Action upon the Case 42. the end In an Action upon the Case where the Plaintiff delivers goods to the Defendant and the Defendant for ten shillings promises to keep them safe and does not to the dammage c. And by Fitzherbert and Shelly Justices Non habuit ex deliberac ' is a good Plea 26. H. 8. B. Action upon the Case 103. Note in an Action upon the Case betwixt Awsten Plaintiff and Thomas Lewis Defendant for calling him false and perjured he justifies because that the Plaintiff was perjured in the Star-chamber in such a matter c. and a good Plea by the Court. 28. H. 8. B. Action upon the Case 3. more of this in the next Action upon the Case for calling the Plaintiff false perjured man the Defendant justifies that such a day and year in the Starchamber the Plaintiff was perjured and pleaded certain in what c. for which he called him false perjured man as afore as t was lawful for him and a good Plea by the Court in the Common Bench. Wherefore the Plaintiff said of his own wrong without that he swore in manner and form c. 30. H. 8. B. Action upon the Case 104. If a man bring debt of 10. l. the Defendant wages his Law and after the Plaintiff brings an Action upon the Case against the same Defendant that he promised to pay the 10. l. c. The Defendant may plead that for the same summ the Plaintiff brought before an Action of Debt in which the Defendant waged his Law Judgement if Action And a good Plea for he was once barred of the same summ And in Action upon the Case that the Defendant promised to pay 10. l. to the Plaintiff which he ought to him for a Horse and a Cow the Defendant may say That he promised to pay 10. l. to the Plaintiff which he did owâ to him for a horse which he bought of him which summ he hath paid to the Plaintiff without that that he promised to pay 10. l. which he did owâ to the Plaintiff for one Horse and one Cow as c. Or without that that he did owâ to the Plaintiff 10. l. for a Horse and a Cow as c. 33. H. 8. B. Action upon the Case 105. Action upon the Case for that the Defendant found the Goods of the Plaintiff and delivered them to persons unknown there that he did not deliver them in manner and form is no plea without saying not guilty where the thing rests in doing And if the Action were That whereas the Plaintiff was possessed c. as of his proper goods and the Defendant found them and converted them to his proper use t is no Plea that the Plaintiff was not possessed as of his proper Goods but he shall say not guilty to the misdemeanour and shall give in evidence that they were not the goods of the Plaintiff and yet t is true not guilty against him 33. H. 8. B. Action upon the Case 109. In an Action upon the Case that the Goods of the Plaintiff came to the hands of the Defendant and he wasted them the Defendant saies that they came not to his hands c. and a good Plea and gives in evidence that they were not the proper goods of the Plaintiff 34. H. 8. B. Action upon the Case 103. the end Action upon the Case was brought in London by A. B. that whereas he was possessed of certain wine and other stuff and shews in certain in such a ship to the value c. and doth not shew the place certain where he was thereof possessed and yet good And alledged that the Defendant such a day year and place in London promised for 10. l. That if the said ship and Goods did not come safe to London and put upon the Land that then he would satisfie to the Plaintiff 100. l. and that after the ship was robbed upon the Trade on the Sea for which he brought the action for not satisfying and the truth was that the bargain was made beyond sea and not in London But in an action upon the Case upon an Assumpsit and the like which is not local the place is not material no more then in debt for he alledged that the said goods in the parish of S. Dunstons in the East London before they were set to land or c. were carried away by persons unknown c. and the action lies well in London though they were perished upon the high sea 34. H. 8. B. Action upon the Case 107. 'T was agreed That an Action upon the Case doth not lie against the Executors upon the Assumpsit of the Testator though they have assets 37. H. 8. B. Action upon the Case 4. the end In an Action upon the Case for a thing which lies in Feasans as for burning of Goods or Deeds and the like not guilty is a good plea contrary for non Feasons of a thing which he ought to do as to make or repair a Bridge House Park Pale scouring a Ditch and the like and doth it not there not guilty is no plea. 2. E. 6. B. Action upon the Case III. Action upon the Case for calling the Plaintiff false Justice of Peace vel his similia these words his similia were ordered to be struck out of the book by the Court for the incertainty 4. E. 6. B. Action upon the case 112. Action upon
the Case whereas the Plaintiff was possessed of such Goods as of his proper Goods and lost them and the Defendant found them and conver-them to his own use the Defendant said That the Plaintiff pledged them to him for 10. l. by reason of which he detrains them for the said 10. l. as t is lawfull for him without that that he converted them to his own use as c. and a good plea by some By others he must plead not guilty and give this matter in evidence for the Detainer 4. E. 6. B. Action upon the Case 113. T was agreed in the Common-Bench âhat if a man for marriage of his daughter assumes to pay 20. l. a year Easter for four years and fails two âars that the Plaintiff may have an Aââion upon the Case upon the promise âr the non payment of the two years ââough the other two years are not âet come for this is in nature of Coveâant 4. M. 1. B. Action upon the Case â08 the end Action upon the Statute In an Action upon the Statute of 8. H. 6. of forcible entry Or in Trespas upon 5. R. 2 Vbi ingressus non datur âer legem Non ingressus est contra forâam statuti is a good plea but his free-hold is no plea as t is said by Sherâood and others 23. H. 8. B. Action upon âhe statute 40. In Trespass upon 5. R. 2. to say that âhe place c. is the Free-hold of I. N. ând hee by his commandment entred is no plea for the action is given by the Statute and therefore ought to have a special answer and not as in a general Writ of Trespass 24. H. 8. B. Action upon the statute 15. See by Fitz. Justice That a man may avow upon the Land by the new Statute and then the Tenant shall not disclaim â contrary if he avow by the Common Law and relinquish the statute 28. H. 8. B. Action upon the Statute 6. 'T was said for Law That t is no plea in Trespass upon the Statute of 5. R. 2. for the Defendant to say That the place where is twenty acres which is parcel of the Mannour of B. is his Free-hold For the Defendant ought to entitle him to a Lawfull entry for a Disseisor hath a Free-hold and yet ingressus est ubi ingressus non datur per legem in the time of H. 8. B. Action upon the statute 27. Account Account lies not against Disseisors for then the Disseisee shall avoid the discents at his pleasure and also the Defendant was never his Receiver for to render account for this cannot be without privity in Law or in Deed as by Assignment or as Guardian or the like or by pretence the Defendant to the use of the Plaintiff and where the Defendant claims to his own use there the plea is true neither his Receiver nor his Baily to render account 2 Mar. 1. B. Account 89. Adjournment The Justices of Assise may adjourn the Assises upon every demurrer and upon every dubious plea or Verdict and upon every foraign plea and to what place they will and adjournment may be upon Certificate of the Assises as well as upon the assise B. Adjournment 28. Administrators Debt is brought against the Ordinary who pending the Writ commits the administration to I. S. the first Writ shal abate for the Ordinary is compellable to commit the Administration by Statute 34. H. 8. B. Administrators 39. Nota per omnes legis peritos and by those of the Arches that at the time of vacation of an Archbishoprick or Bishoprick the Dean and Chapter shall commit the administration 36. H. 8. B. administrators 46. Nota where the Ordinary commits the administration he may revoke it and commit it to another but mean acts done by the first administrator shall stand and so 't was put in ure between Brown and Shelton for the goods of Rawlins the administration was committed to Brown and revoked and committed to Shelton for 't is not an interest but a power or authority and powers and authorities may be revoked contra of an interest certain In the time of H. 8. B. administrators 33. the end Charles Brandon Duke of Suffolk had issue sonn by one Venter and daughter by another Venter and devised goods to the son and dyes and after the son dyes intestate without Wife and Issue and the mother of the son who was of the second Venter for the daughter was of the first Venter took the administration by the Statute which is That the administration shall be committed to the next of kinn of the intestate And upon great argument in the Spirituall Court Tam per legis peritos regni quam per peritos legis civilis the administration was revoked And so see that the administration may be revoked and so 't was likewise in the case of Brown and Shelton before of the goods of W. Rawlin Clerk which was committed to Sir H. Brown who marryed the sister of the said Rawlins and after came W. S. and J. S. son of the Wife of the said Sir H. which Wife was the mother of the said Shelton by a former Husband and reversed the first administration and obtained the administration to them And the said Duke had issue Frances by the French Queen and after this Wife dyed he marryed the daughter of the Lord Willoughby and had issue by her one Henry and dyed and after Henry dyed without issue and without Wife and the mother of the Heir took the Administration and after the said Frances Wife of the Marquess of Dorset sued and reversed the administration and obtained the administration to her self though she were but sister of the half blood to the said Henry because that she is next of kinn to the said Henry for that Henry had not any Children for the mother is not next of kinn to her own son in this respect of this matter for it ought to goe by discent and not by ascension by the Law of England nor by the Law civill And the children are de sanguine patris matris sed frater mater non sunt de sanguine puerorum And by Isidore Pater mater puer sunâ una caro and therefore no degree is betwixt them contrary between brother sister and the half blood is no impediment as to goods B. administrators 47. Note that in the argument of this case 't was agreed by the Justices that the King is not intitled to the land of his Ward without office though he hath but a Chattel in it yet it comes ratione tenurae which is the Seigniory and Freehold in the King 5 E. 6. B. Office before c. 55. Age. A man recovers Rent and arrearages by assise Or if he recovers an annuity and arrearages of it in a Writ of annuity the Defendant dyes the Plaintiff brings a Scire facias against the heir he shall not have his age of the arrearages for they are reall and parcell of the rent or annuity But if the Judgment be
other and that A. brought a Formedon of thââ tenements and pleaded certain c. anâ recovered by Action tried and the estaââ of the Plaintiff mean betwixt the title ãâã and his recovery judgemeââ si of such an estate assize c. to whââ the other said that every of the said ãâã and N. were Villes by themselves and ãâã at issue and 't was found that they weââ several Villes and the seisin and disseisââ by which 't was awarded that this tenaââ then Plaintiff should recover And because that he hath recovered these sainâ Lands against the Plaintiff himself in H. judgement si assise And Shelly Just. held strongly that this recovery of Land in H. is no plea in an assise of Land in N. and therefore the assise ought to be awarded and so it seems to B. 25 H. 8. B. Judgement 66. If A. infeoffs B. upon condition c. to re-enter there if a man impleads B. who vouches A. and so recovers or if A. re-enters upon B. without cause and âs impleaded and loses there in the one case and the other the condition is determined for the Land is recovered against him who made the condition 26 H. 8. B. Judgement 136. Note by Bromley chief Just. that a Judgement where there is no original is void as in an assise the Plaintiff appears and after makes a retraxit and after the Justices of Assize record an agreement betwixt them in nature of a Fine this is void and coram non Judice and shall not be executed by reason that no Original was pending but was determined before by the retraxit For without Original they have not Commission to hold Plea and then they are not Judges of this cause 2 M. 1. B. Judgement 114. Issues joyns Issues joyned Trespass upon the case quod def assumpsit deliberat quer 4 pannos laneos and he pleads quod assumpsit liberare 4 pannos lineos without that qd assumpsit modo forma and so at issue And 't is found that he assumed to deliver 2 pannos laneos sed non 4 so see that this issue though that it comes in a traverse doth not amount but to the general issue the Pl. recovered dammages for the 2 and was barred and amercied for the rest But otherwise 't is if the issue be If A. and B. infeoffed the tenant in a Precipe quod reddat necne and 't is found that A. infeoffed him but that A. and B. did not infeoff him this is found against the tenant in toto or against him who pleads such Feoffment which is so found 32. H. 8. B. Issues joyns 80 Verdict 90. Informed in the Excheq against A. B. for buying Wools betwixt shearing time and the Assumption such a year of C. D. contra forma Statuti where 't is not cloth nor he did not make thereof cloth nor yarn He sees that he did not buy of C. D. contra formam Statut. propt c. And no issue for 't is not material nor traversable whether he bought of C. D. or of E. F. or of another but whether he bought them contra formam Statut. necne And therefore the Issue shall be that he did not buy modo forma c. 33. H. 8. B. Issues joyns 81. Negativa pregnans 54. Travers per 367. In waste issue was taken if the defendant cut twenty Oaks there if the Jury finde ten and not the rest the Plaintiff shall recover for the ten and shall be amercied for the rest 2 M. 1. B. Issues joyns 80. the middle Issues returns Issues returned See Tit. Intrusion Jurisdiction If the Lord of a Mannor claim the Tythes of such Lands in D. to finde a Chaplain in D. and the Parochians claim them also for the same purpose 't is said for Law that the Lay Court shall have jurisdiction betwixt them and not the Spiritual Court 25 H. 8. B. Jurisdiction 95. 'T was said where a man pleads a plea in Banco ultra mare it shall be condemned at this day because that it cannot be tried in England 36 H. 8. B. Jurisdiction 29. Jurors Trial of a Peer of the Realm arraigned upon an Indictment and appeal diversity See Tit. Trial and Tit. Enquest Where Jurors may take conusance and notice of a thing in another County See Tit. Attaint Jury took a Scroll of the Plaintiff which was not delivered to them in Court and passed for the Plaintiff and because that this matter appeared to the Court by examination therefore the Plaintiff shall not have Judgement 3 M. 1. B. Jurors 8. Leet NOte for Law if a pain be put upon a man in a Leet for to redress a Nusance by a day sub poena 10 l. and after 't is presented that he did it not and shall forfeit the pain this is a good presentment and the pain shall not be otherwise affeered And the Lord shall have an Action of Debt clearly but he cannot distrain and make avowry except by prescription of usage to distrain and make avowry 23 H. 8. B. Leet 37. Note where the Statute of Magna Charta cap. 25. saith Et visus de Franâhi-plegio tunc fiat ad illum Terminum St. Michaelis sine occasione this is ââtended the Leet of the Tourne of the Sheriff and not other Leets 25 H. 8. B. Leet 23 the end Leases By Fitz-James ch Just. Englefieldâust âust and many others if tenant for life âases Land for yeers rendring rent and ââes the Lease is void and then the rent is âetermined The same Law of a Parson ând though the successor receives the rent âhe Lease is not good against him for âhen 't is void by the death of the Lessor ãâã cannot be perfected by no acceptance B. Leases 19. Debt 122. Otherwise ãâã seems of a Lease for life made by a Parâââ rendring rent and the successor accepts ãâã rent this affirms the Lease for life 24 ãâã 8. B. Leases 19. A man leases for ten yeers and the neâ day leases the same Land to another foâ twenty yeers this is a good Lease for thâ last ten yeers of the second Lease 26 H. 8. B. Leases 48. Where a Lease for 300 or 400 yeeââ shall be Mortm in See Tit. Mortmain A man leases a house cum pertin â Land shall pass by these words cum perâ Contrary if a man leases a house cuâ omnibus terris eidem pertin there ãâã Lands to this used pass and many Graââ are de omnibus terris in D. nuper Mâ nasterii de G. pertin and especiallyâ heavers that it hath pertained de temporâ c. 31 H. 8. B. Leases 55. If a Parson of a Church leases for ãâã and dies the successor accepts fealty ãâã shall be bound by this during his ãâã Contra upon a Lease for yeers made ãâã him this shall not binde the successor ãâã acceptance of the rent for 't was void ãâã the death of the Lessor 32 H. 8. ãâã
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 1â0 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 pâeaded 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 Qâo 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 âeoffment 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
plena curia Contrary if he doth it out of Court without such authority Yet the high Steward may demise customary land by copy out of Court by some Quaere thereof by B. if he hath not a special authority from the Lord to demise 2. E. 6. B. Court baron 22. Tenant by copie 26. Customs Information in the Exchequer against a Merchant for lading Wine in a strange Ship the Defendant pleads the licence of the King made to I. S. to do it which I. S. had granted his authority thereof to the Defendant quod habetur consuetudo inter mercatores per totam Angliam that one may assigne such a licence over to another and that the assignee shall enjoy it c. to which t was demurred in law and t was agreed for law That a man cannot prescribe a custom per totam Angliam for if it be per totam Angliam this is the Common law and not a Custom contrary if the custom had been pleaded to be in such a City or County as Gavelkinde Borrow-English Glocest. Fee and the like 35. H. 8. B. Customes 59. Dammages NOte in Trespass local That upon an inquest of Office to enquire of Dammages the Court may abridge or increase them But otherwise upon the Principall S. upon issue tryed betwixt party and party but there it may encrease costs For the party is at his attaint but upon an inquest of Office he cannot have an attaint 34. H. 8. B. dammages 144. See Tit. costs Default If a woman be received in default of her Husband and after shee makes default judgement shall be given upon default of the husband and no mention shall be made of the receit Time H. 8. B. default 85. Demurrer Inquisition found that I. S. held certain land of the King ut de honor suo Gloucester which is not in Capite upon which proces issued against W. S. who had intruded c. and to sue Livery and because that this Tenure is not in capite and therefore Livery not due the party demurred upon the record for t is no cause of Livery And where a man declares upon a Statute and recites it otherwise then t is or pleads it otherwise then t is the other may demur upon it for no such Law if it be misrecited 32. H. 8. B. Demurrer in Law 25. Denizen See Tit. Alien Note for Law That where an Alien born comes into England and brings his son with who was born beyond Sea and is an Alien as his Father is there the King by his Letters pattents cannot make the son Heir to his Father nor to any other for he cannot alter his law by his letters Pattents nor otherwise but by Parliament for he cannot disinherit the right heir nor disappoint the Lord of his escheat and the son of an Alien which son is born in England he is English and not an Alien 36. H. 8. B. Denizen 9. Deputie T is said that a Deputation of an Office which lies in grant ought to be by Deed and not by word 28. H. 8. B. Deputy 17. Detinue By Shelley and others if a man meddle with goods as by trover of them he shall be thereof charged though that he deliver them over before action brought 32. H. 8. B. Detinue de biens 1. The end Debt Where Debt lies and where a Scire facias See Tit. Age. Debt upon Indentures of Covenants where the Defendant had Covenanted to do many things and the Plaintiff the like to do many other things ad quas quidem conventiones per implendam uterque obligatur alteri in one hundred pound and the one breaks Covenant by which the other brings Debt and the Defendant pleads payment of ten pound to D. which was all to which he was bound judgement if action and no plea per curiam because he did not shew thereof a Deed where the Plaintiff declared upon the Indenture which is a Deed And yet otherwise in pleading of payment of Rent reserved upon a Lease for years made by Indentures For there he may levy it by distress and therefore an averment may come in ure But otherwise where all rises by specialty where it lies in payment 25. H. 8. B. Debt 173. Debt upon an obligation with Condition where the condition is not broken by which he is barred he shall never sue this obligation again for once barred est pro imperpetuo 29. H. 8. B. Debt 174. Administrator of a Lord brings an action of Debt for relief which fell tempore intestati and the Defendant pleaded in Bar and traversed the Tenure and so at issue And therefore B. seems that the action lies clearly for him for the Defend did not demur so if it be brought by an Executor of the Lord for relief due to the Testitor Rot. 5â9 in the Common Bench. 32. H. 8. B. debt 193. Relief 11. the ends Devise Not that a Fem Covert with assent and will of her husband may make her Testament and devise the goods of her Husband yet if the Husband prohibit the probat of the Testament of the Wife after her death then all is void For the husband may countermand it B. devise 34. the end Testament 21. the end And a Devise by the husband to his Wife is good though they are one and the same person in the Law for the devise takes not effect till after the death of the husband and then they are not one person 24. H. 8. B Devise 34 T was agreed by all that if a man wills that I. S. shall have in his Land in date after the death of his Wife and dies now the wife of the Devisor by these words shall have the Land for her life by reason of the intent of the Will 29. H. 8. B devise 48. Note That in London a man may Devise by Testament to a common person though the Testament be not enrolled but if he Devises in Mortmain he ought to be a Citizen and a Freeman resident and the Testament oâght to be enrolled at the next Hustings 30. H. 8. B. devise 28. A man Devises to two heredibus eorum and dies and after one of the Devisees dies and the other survives he shall not have the intire by Survivor but onely a moytie for this was the intent of the Devisor by Audley Chancellor of England B. devise 29. and by B. there the end If one devise to another in feodo simplicâ the devisee hath a Fee simple 30. H. 8. A man wills that his land Devisable shall be sold by his Executors and makes four Executors and dies all the Executors ought to sell for the trust is put joyntly in them Quaere for B. seems That if one or two die that the three or two which survive may sell for there is the plural number Executors and death is the act of God B. Devise 31. and by him where
ââânviction without abjuration Otherââe if he will abjure for then he shall ãâã be burnt the first time but upon reââse he shall be burnt 2. M. 1. B. âeresie Homage See Tit. Fealty Ideot BRent of the County of Sââmerset who was presenââed for an Ideot couââ write Letters and Acquiâtances and the like anâ therefore was adjudgeâ an Unthrift but no Ideot Time E. Ideot 4. the end Imprisonment 'T was determined in Parliament thâ Imprisonment almost in all cases is but retain the offender till he hath made Fine and therefore if he offers his Fiââ he ought to be delivered presently ãâã the King cannot retain him in prison afâââ the Fine tendered 2 M. 1. B. Impââsonment 100 the end Incident Court-Baron is incident to a Manââ and Court of Pipowders to a Fayr aâ 't was sed arguendo that therefore Lord of the Mannor or Fayr cannot grââ over the Court-Baron nor the Court Pipowders or if they grant the Mââ ââor with the Fayr they cannot reserve ââch Courts for they are incident c. 9 H. 8. B. Incidents 34. 'T was said that if a Seigniory rests in âomage Fealty and Rent and a man ââcovers the Rent by this is the Homage ââcovered for a Precipe lies not of it âime H. 8. B. Incidents 24. the ââid Indictments An Indictment of Death ought to comârehend the day of the stroke and day of ãâã death and the same Law of Poyâning so that it may be known if he ââed of the same stroke or not 24 H. 8. â Indictments 41. By Fitz Just. a Justice of Record may ãâã indicted of taking of money and other ââch falsity but not of that which goes in ââlsifying or defeating of the Record as ãâã say that he altered the Record from ârespass into Felony and the like which ââlsifies the Record Casus B. Indictâent 50. the end Intrusion Tenant in Tayl of Lands holden of ãâã King aliens without license which found by Office the King shall have ãâã Issues of the Land à tempore inquisitiâânis capt and not before B. Alienatâons 26. in medio But where the tâânant dies and hisâ heir enters upon Offâââ found for the King of the dying seised the ancestor there the heir shall answââ the profits taken by him before 26 H. B. Intrusion 18. the end Note where 't is found by Office thâ I. N. tenant of the King was seized aâ died seized and that W. his heir intrudeâ and after by Act of Parliament the Kiââ pardons all Intrusions in this case the eâtry and the offence is pardoned but not ãâã issues and profits for the escheat or shââ be charged of this by way of accouââ whether he hath received them or not ãâã when the office is of Record he ought receive them except where 't is found the Office that such a man took the proââ thereof But where the King pardoâ where no Office is found the heir is âââcharged as well of the issues and profââ and also of Livery as of Intrusion by rââson of the pardon for by this is pââdoned And there though the Office comes after which findes the intrusion of the heir yet all is gone by the Pardon and this shall serve because all was pardoned before to which the King was intitled of Record 33 H. 8. B. Charters de pardon 71. Intrusion 21. Issues returns 22. Office shall have relation to the death of the ancestor as to Land descended to the heir of the Kings tenant and as to intrusion B. Relation 18. the end Otherwise as to alienation made by the Kings tenant without License this shall not relate before the finding of it B. Relation 18. Intrusion 19. And such entry by purchase is not called Intrusion but a Trespass and so are the words of the pardon thereof quod pardonamus transgression ' praedict c. 33. H. 8. B. Intrusion 19. Joyntenants If a Lease be made to three of Land at Common Law for term of life or for yeers habendum successivè yet this is a âoynt estate and they shall hold in Joynture and successivè is void But where the custom of Copie-holds is that this word successive shall hold place this is good there by the custom 30 H. 8. B. Joyntenants 53. Leases 54. If a man infâoffs two upon condition that they shall infeoff W. N. before Michael ' and the one dies the other sole makes the Feoffment this is good The same Law if two lease Land rendring rent and that if it bearrear by two months and lawfully demanded by the said Lessors that they may re-enter the one dies and the other that survives demands it and 't is not paid he may re-enter And the same Law if the Lease were made to two with words that if it be arrear and demanded of them two c. and the one dies and the Lessor demanded it of the other that survived and he doth not pay this is a good demand and the Lessor may re-enter 33 H. 8. B. Joyntenants 62. Journeys accounts Grantee of a next presentation brings a Q. impedit and dies after the six months past and his Executors bring another Q. impedit by Journeys accounts and by the Justices it will not lie See Tit. Q. impedit Judgement A man recovers by default against an ââfants and the Infant brings a Writ of âârour and reverses it for his non-age âtherwise if he had appeared and lost ãâã plea or by voucher he shall not reâârse it for non-age B. 6 H. 8. Saver de fault 50. If I have Title by Formedon or cui vita and enter and the other recovers âgainst me I am remitted to my first actiââ But if a man recovers against me by ââlse Title by Action tried where I was by good Title I shall then have Error ãâã Attaint or a Writ of Right 23 H. 8. â Judgement 111. Assise in Com. B. the tenant pleads in ââar a recovery by Assise by him against ãâã Plaintiff of the same Tenements in âom O. and this now Plaintiff then âânant pleaded in Bar by release of the âncestor of the Plaintiff with Warranââ which was void by non-age and âhis found for the Plaintiff by which he âecovered against this Plaintiff judgement si where he accepts the Land to be in the Country of O. now he shall be received to say that it lies in the County ãâã B. And 't was said in the Common Benchâ that though this Land were then put ãâã vJew the Plaintiff shall not be bound ãâã the recovery for it cannot be intended one and the same Land 25 H. 8. â Judgement 62. Assize of Land in N. the Defendanââ said that once before he brought an assizâ of the same Land in H. against the samâ Plaintiff and these Lands put in vJew and this now Plaintiff then took the âânancie and pleaded in Bar and said thâ H. and N. are one and the same Ville an known by the one name and the
H. 8. B. Statute Merchant 42. T was said for Law that if the Conusee upon a Statute staple dies and âis executors sue execution in the name âf the Testator as if he were in life ând the Sheriff takes the body in the âame of the Testator c. yet this is âot execution for the executors but âhey may after have execution in their âwn name for the first execution in âhe name of him that was dead before âhe Teste of the Writ was void and âhe body cannot remain to satisfie him who was dead before Nor the Sheâiff cannot deliver the land nor goods âo him who is dead juxta formam breâis And by B. in the book of Enâies the executors of the Conusee shall have execution upon a Statute Merchant without Scire Facias and this upon surmise as it seems to him And if the Conusor be retorned dead yet execution shall proceed of his Lands and Tenements without Scire Fac ' against his heir And the extenâ and Liberate shall be served imediatly Yet by B. no remedy appears there for the goods of the Conusor when the conusor is dead to have any execution of them 36. H. 8. B. Statute Merchant 43 T is said if a Writ of execution with extendi facias issues upon a Statute Merchant that the Writ ought to be retorned and the land upon thiâ delivered to the Conusee by Liberate inde Time H. 8. B. Statute Merchant 32. the end Supercedias T was holden for Law thâââ a writ of attaint a man shall âot have a Supercedias for to âisturb execution for the âerdict shall be intended true ântill t is reversed c. And ââat the Register which gives ãâã Supercedias there is not Law Contrary upon a Writ ãâã Error for it may be intenâed that Error is for the suit âf the Defendant c. 33. H. B. Supercedias 24. Sureties Where Sureties in Londonââall ââall remain after the action âemoved è contra See Tit. ââocedendo Affirmatur pro lege that âuretie of the Peace is discharged by the death of the King for t is to observe tâ peace of that King and when he dead t is not his peace 1 M. 1. Surety 20. Surrender Tenant for term of life surrenders him in reversion out of the land which he agrees the free hold by thâ is in him presently and he is Tenaâ to the action by precipe quod reddâ without entry but he shall not haâ Trespass without Entry 31. H. 8. â Surrender 50. Where tail shall be extinct by suâârender of Letters Patents where noâ see Tit Patents Note in the Case of Culpeper twâ said that the King himself cannot rââcord or receive a surrender of land ãâã Letters Patents made to him extrâ curiam but this ought to be beforâ his Chancellor or other Justice to thâ authorized 2. E. 6. B. Surrender 53. thâ end If a man leases for years the remainder over for years and after the firâ Termor grants his interest to the Leâsor this is no surrender by reason ãâã ãâã mean interest of the term in reââinder And a Termor makes his essor his Executor and dies this is no âârrender for he hath this to another ãâã contra whorewood inde 2. E. 6. B. âârrender 52. Note where a man leases land for ãâã of years the remainder over for ãâã the remainder over in fee or reâârving the reversion there he in remainder for term of life may surrenâer to him in reversion or to him in remainder in Fee and the estate for âerm of years is no impediment for ââough it cannot give the possession of ãâã land yet it gives the possession of ãâã free hold which is in the thing âhich was surrendred 3. M. 1. B. Surrender 55. Suitor T was said for Law in the Star-Chamber betwixt Brown Justice and âion Grocer of London that a Court ãâã may be holden before two suiâârs for the plurall number suffices âime H. 8. B. Suit 17. Tail REcovery upon voucher against Tenant in tail is a bar by reason of the recompence in value And a recovery bâ writ of entry in the post by single voucher doth give but the estate which the tenant in tail hath in possession temporâ recuperationis so that if it were in oâ another estate then the tail there the tail is not bound against the heir But the double voucher is to make the tenant in tail to discontinue and to bring the writ of entry against the feoffee and then the feoffee shall vouch the tenanâ in tail and he shal vouch over and so shal lose and this shal binde all interests and tails that the vouchee had 23. H 8. B. Tail 32. Tenant in tail hath issue and asiens with warranty and leaves assets dies the issue cannot recover by Formedon for the warranty and assets is a barr And if the issue aliens the assets yet he shall not have a Formedon But if he hath issue and dies there the issue of the issue shal have a Formedon because that the assets is not discended to him Yet is said that if the issue upon whom the warranty and assets discended brings a formedon and is barred by judgement and aliens the assets and dies his issue shall not have a Formedon because that his father was barred by judgement B. Tail 33. And if the tenant in tail hath issue two sons by divers venters and discontinues and dies and an ancestor collateral of the eldest son releases with warranty and dies without issue and the eldest son dies without issue before ãâã Formedon brought the younger son may recover by Formedon for he is not heir to the warrantor and his brother was not barred by judgement Yet B. doubts thereof for it seems to him that the discent of the Collateral warranty extincts the tail But if the eldest had been barred by judgement then clearly the younger is gon also 24. H. 8. B. Tail 33. Formedon 18. Tenant in tail the reversion to the King suffers a recovery operaturây ây it See Tit. Discontinuance de possession Recovery in value If the King gives lands in tail by his Letters Patents and after the donee surrenders his letters patents to the K. the Tail by this is not extinct 35. H. 8 B. Tail 38. The King Tenant in Tail cannot discontinue by grant by Patent See Tit. Discontinuance de Possession Tenant at Will Note for Law that there is no Tenant by sufferance but he that first enters by authority and lawfully as where a man leases for years or for term of anothers life and holds over his term after the term expired or after the death of cestuy que vie And Tenant at will is where a man leases his land to another at will for he who enters of his own head is a Disseisor Time H. 8. B. Tenant per copy 15. the end Tenant by Copy Note that t was said for Law