GardJan and Tenant by Stature Merchant ib Jurors take conusance and notice of a thing in another County 33 Place not traversable ib Trespass transitory and Locall diversity 34 Information ib Attorment 34 Where the attornment in the absence of the purchaser shal be good where not ib Quaere 35 Avowry made without attornment and the contrary ib Fine Levied ib Per que servitia ib Where a grant shall be good without attornment ib Attornment necessary where not 36 Attornment upon grant of a reversion of a term ib Diversity ib Whether services pass by Feoffment of the Mannor without Attornment 37 Lease for life and grant of a reversion for years to commence after ib Attorney 38 In what case a man shal make an Attorney what not ib Audita Querela ib Feoff or the heir of the Conusor shal have contribution ib Contra of the Conusor himself 39 Averments see Tit. Pleadings 39 where a man ought to aver that the one and the other are one and not diverse and where ècontra ib Predict serves for an Averment ib Averment upon Avowry 40 Avowry 40 Land charged with two distresses by Dower of part ib Partition is cause of two distresses ib Avowry changed without notice and ècontra ib Sale by Deed inrolled 41 Fine ib Recovery ib Discent ib Quere ib How and in what place notice shal be made ib Que estate in another person ib Diversity ib Avowry upon the land by the Statute of 21. H. 8. cap. 19. and the answer in it 42 His Free hold in avowry for damage feasant ib No seisin and yet ward 43 Limitation in avowry ib Seisin traversed in avowry ib BAR. Bastardy 44 VVHat divorce may Bastardise the issue what not ib Divorce after death ib Battell 45 Before whom bartell shall be made and tried ib Bill 45 Premunire by Bill ib CERCIORARY 46 MIttimus ib Cerciorary to remove Indictments ib Certificate of the Bishop ib Averment contrary to the Certificate of the Bishop ib Challenge 47 Many hundreds ib Challenge ib Charge 48 Charters of pardon 48 For what thing pardon shall serve and for what gift or restitution is necessary ib Pardon before office and after diversity ib Where relation of an office shal not defeat a mean Act ib Pardon of Alienation by Parliament and Letters Patents diversity 49 Amoveas manum ib Intrusion pardoned before office and after office diversity ib Livery ib Full age ib Chattels 49 Remainder of a Chattel devised ib Diversity 50 Chose in Action 50 Thing in Action ibid Thing in Action vested in the King by the Stat. 31. H. 8. ib Thing in Action personal mixt and real 51 Diversity ib Clergy 52 No Clergy in petty larceny 52 Bishop or Metropolitan hath his Clergy ib Laps for the ordinary Metrop and the King ib Bigamus ib Heretik ib Excom ib Jew ib Turk ib Greek ib Roman ib Cecus ib Quere ib Bastard 53 Colour 53 Matter in law ib To the Plaintiff ib To one mean ib To the defendant ib Poss. determined ib Poss. defeated ib Feoff Release ib Fine recover ib Diss. Reentry ib Property ib Upon a bar ib By a mean ib Writ ib Justifie as servant 54 Poss. in Law ib Commission 54 Made Knight after the Commission ib Where one commission shall determine another ib Et e contra ib Diversity betwixt commission of Goale delivery and Oyer and Termyner 55 Justice of the common bench made Justice of the Kings bench ib Kings bench error 56 Justice of the common bench chief Baron of the Exchequer or of Oyer and Termyner or Goale delivery ib Voydence by creation a Bish ib Quere ib Oyer ib Oyer and Termyner ib Peace ib Goale delivery ib Error in pleas 57 Proces or out law ib Justice of Peace made Knight of every commission ib Grant commission diversity ib Commission read or proclaimed ib Notice 58 No such in rerum natura ib Commission unica vice ib Commission determined in part ib Commission in Eyer ib Kings bench 59 Diversity ib Justice for term of life ib Commission determined for want of adiournment ib Where the Records shall remaine ib Conditions 59 Special shewing of the performance of the condition contained in Indentures ib Limitation of payment and not condition 60 Executors ib Ordinary ib Testament ib Tenure condition diversity ib Avowry ib Causa matrimony praelocut ib Condition performed by reason of death Et econtra 60 Ad intentionem is no condition 61 He which will have advantage of a condition must give attendance ib Condition shall not be apportioned ib Conditions performed 62 Where proviso shall make a condition where not ib Quere 63 Infra terminum 10. an infra terminum predict diversity surrender Foreiture ib Reading 64 Defeasans ib Arbitrators ib The reason seems because the submission is conditional ib Acquitted saved harmless and discharged ib Diversity ib Non damnificatus est ib Payment at another place ib Pleading of a condition in the Negative and in the affirmative diversity 66 Condition that the estate shall cease ib Confess and avoid 66 Where a man confesses and avoids there he shall not traverse ib Confirmation 67 Bishop charges with the assent of the Dean and Chapter ib Misnamer ib Sigillura ib Relation 68 Where a confirmation shall be 〈◊〉 by the Bishop Dean Chap Et e cont ib Interest and judiciall power diversity ib Patron hath Fee ib Where the conformat of the new King is necessary where not 69 Franchise ib These words for him and his heirs in the grant of the King ib Et è contra ib Conscience 70 Subpena to execute an estate ibid Vendee shall have see without words heirs ib Continuances ib Imparle to a day in the same term in a common recovery ibid Contract 71 Contract cannot be divided ib Obligation determines contract ibid Diversity ib Corone Crown 72 A man pleads not guilty and after pleads pardon ib Felon after judgement had the priviledge of the Church ib Attainder by premunire and attainder of felony diversity ibid Woman with child shall not have the benefit of her belly but once ib Woman bigg judg'd to be burnt 73 Indictment ib Appeal ib Who shall be said principall ib A man killed at sword and buckler or at justing 74 Indictment in the time of one King shall serve in the time of another ib Certiorari ib Indictment not discussed pending the commission of Oyer and Terminer ib Cerciorari mittimus ib Indictment before Justices of Oyer c. and before Just. of Gaol delivery diversity ib Burglary 76 Burglary ib Clergy of the principal shal not serve the accessary ib Acquit as accessary and after arraigned as principal ib Woman abjured 76 Accusation in case of Treason and misprision ib Tryal of treason by the common Law ib Tryal of petty treason 77 Civil Law ib Witnesses and Accuser diversity ib Challenge ib Abjure for treason ib Quere ib Tryal of
can speak latine congruously Quaere for he cannot be a Priest nor he cannot Minister Casus B. clergie 21. A Bastard shall have his Clergy for he may be a Priest by licence Casus B. clergie 22. Colour Note That Colour ought to be matter in law or doubtful to the lay people and shall be given to the Plaintiff and not to one who is mean in the conveyance and shall not be given to a stranger who infeoffed the Plaintiff nor shall be given to the Defendant and shall not be given by a possession determined S. where it appears in the pleading that the possession is determined but shall be given by an estate defeated and where the Defendant bindes the right of the Plaintiff by Feoffment with Warranty Release Fine Recovery Disseisin and Re-entry and the like there needs not any colour And he which claims no property in the thing but takes it as a distress and the like shall not give colour Colour shall not be given but upon a plea in bar B. colour 64. Colour shall not be given but by him by whom you commence your Title and not by a mean in the conveyance He which pleads to the Writ shall not give Colour It behoves that colour be such so that if it be true that of such possession the Plaintiff or Demandant may have their action He which justifies as servant and conveys Title to his Master shall give colour colour by possession in law is good Regulae Commission Note for Law That where a Commission of the peace issues to I. N. and others and after I. N. is made Knight yet the Commission remains for him Yet Anno primo E. 6. cap. 7. is a Statute made That making of the Plaintiff Knight shall not abate the action nor the Commission in which such person is named And where a man learned in the same Law is put in Commission and after is made Serjeant at Law yet he remains in authority by the same Commission And when a Justice of the Bench is made Knight yet he remains Justice and this Commission shall serve him 36. H. 8. B. Commissions 22 Note by coming of a Commission of Oyer and Terminer the Commission of Gaole Delivery is not determined for the one stands with the other Otherwise where the one Commission is contrary to the other As of a Commission of the Peace where there is a former Commission thereof to others this is contrary that every of them should be Commissioners of one and the same thing and both in force And the Commission of Gaole Delivery is onely to deliver the Gaole Commission of Oyer and Terminer hath words ad inquirendam audiendam determinandam But most commonly the Justices of Gaol delivery are also in the Commission of the Peace and by this they indict and after deliver the Gaol as well of them as of others And note That the Justices of Oyer and Terminer cannot by this authority arraign no Prisoners but those which are indicted before them but contrary if they have Commission of Gaol delivery also for these both may be executed simul semel 3. M. 1. B. Commission 24. If a Justice of the Common Bench be made Justice of the Kings Bench though that it be intended but Pro illa vice as t was of Sir James Dier this year yet this shall determine his pattent of the Common Bench though he surrenders the Pattent of the Kings Bench the next day for the Kings Bench is the highest Court and if the Common Bench erre this shall be controlled by the Kings Bench. And therefore a man cannot be Judge of the one Bench and the other together to reverse his own judgement And as often as a Justice of the Common Bench is made Justice of the Kings Bench as it hath been often seen the Commission of the Common Bench by this is determined for the one Court is within the controlment of the other but a man may be a Justice of the Common Bench chief Baron of the Exchequer together may be Justice of the Common Bench Justice in Oyer and Terminer or of Gaol delivery together for none of these Courts hath controlment of the other And if an Incumbent of a Benefice be made a Bishop the first Benefice is void for he which hath the office of Soveraignty cannot have the office of inferiour by some of the Justices Yet B. doubts for a Justice de banco regis may be a Justice in Oyer or of Oyer and Terminer or of Peace or of Gaol delivery and yet if they err in their pleas in the Oyer or Oyer and Terminer or in their Proces or outlawry before Justice of Peace Writ of Error lies thereof before the King in his Bench. But the Pleas in the King Bench are holden coram rege ubicunque fuerit in Anglia and so the Kings Bench is a Court removable and by the Statute the Common Pleas teneatur in loco certo then t is contrary of the Oath of the Justice of the one Court and the other for the one is certain and the other incertain 5. M. 1. B. Commissions 25. Where a Justice of Peace is made Knight or takes other dignity yet his authority shall remain And so of a Justice of the Gommon Bench made Knight his Commission remains in force 1. E. 6. c. 7. B. Commission 4. If the King grant to a Major and Commonalty and their successors to be Justices of Peace in their Town and after makes a Commission of the Peace to another there yet the first Commission shall remain in force because that t is a grant to them and their successors and so not revocable as a Commission is B. Commission 5. If a new Commission of the Peace be proclaimed or read in full County the ancient Commission of the Peace is determined And all the Justices ought to take notice and if they sit by the ancient Commission all they do is void And if a Commission be directed to A. and B. who are not in rerum natura or are dead at the time of the Teste c. The ancient Commission remains in Force for this new Commission is void If a Commission be directed to N. pro hac vice this shall determine the ancient Commission of these matters And yet the new Commissioners cannot sit but Vnica vice B. Commission 6. If a commission be directed to hear and determine Felonies this shall determine the ancient commission of the Peace as to Felonies but not as to the Peace and so determined in part in part not B. Commission 7. commission in Eyer is made to the county of N. and Proclamation there this determins the Commission of the Peace B. commission 8. Commission of the Peace is in the county of N. and the Kings Bench comes there this shall not determine the Commission of the Peace contrary if they make Proclamation of the coming of the Kings Bench
marriage takes not effect by which the State is executed in the Heir of C by the Statute of uses made 27 H 8. notwithstanding that C was dead before the refusall of the marriage for now the use and possession vests in the Heirs of C for that the Indentures and Covenants shall have relation to the making of the Indentures for these Indentures binde the Land with the use which Indentures were in the life of C But by B quaere if the Heir of C shall bee in Ward to the Lord for hee is Heir and yet a Purchasor as it seemes 3 M 1. B Feofments to uses 59. Gift of Land for yeeres or of a Lease for yeeres to a use is good notwithstanding the Statute for the Statute is intended to avoide gifts of Chattells to uses for to defraude Creditors only and so is the preamble and intent of this Statute 3 M 1. B Feofments to uses 60. Fines levies Fines levied Note That 't was Covenanted that A shall make to B his wife daughter of I K a joynture by Fine and the Writ was brought by I K against A and B his wife and they offered to acknowledg to I to the intent that I should render to them for life of B and because B the wife was within age therefore shee was drawne out and rejected And then because that none can take the first estate by the Fine but those who shall be named in the Writ of Covenant but every Stranger may take a remainder therefore the Writ was made betweene I and A only by which A acknowledged the Tenements to bee the right of I ut illa que c. and I granted and rendred it to the said A for terme of his life without impeachment of Waste the remainder to the said B his wife for terme of her life the remainder to the said A and his Heirs 30 H 8. B Fines Levies 108. Fine with proclamation to bind Tenant in tail and his issue the time for to make proclamation c. See Tit Assurances If cestuy que use for term of life levies a Fine with Proclamation there none need to enter nor make claim within the five years because that 't is but a Grant of his Estate which is lawfull and no forfeiture for hee hath nothing in the Land nor hee cannot make a forfeiture of the use The same Law of a Fine levyed by Tenant for life in possession Yet B doubts thereof and thinks otherwise if hee levy it in Fee B Feoffments to uses 48. Fines levies 107. Et per plures if it be levyed by cestuy que use in tail it shall bind him and his Heirs but not cestuy que use in the reversion nor the Feoffees after the death of the Conusor for the Statute of 1 R 3. is That it shall bind him and his heirs and Feoffees clayming onely to the same which is not so here Quaere inde for B seems by the same Statute that tayl in possession is remedied by this Statute but not tayl in use for this seems to him to remain at Common-Law as a Fee-simple in use conditionall for 't is not a Gift of the Land yet quaere for by him by the equity of the Statute of W 2. of tayles devises in tayl are taken yet this is in nature of a Gift yet not at this day by the Statute of 32 H 8. fine with Proclamation by cestuy que use in tayl shall bind the tayl after Proclamation 30 H 8. B Fines levyed 107. the end Note That a Deed inrolled in London binds as a Fine at Common-Law but not as a Fine with Proclamation and there need not livery of Seisin upon such Deed And this is a discontinuance without livery because that by the custome there which is reserved by divers Parliaments it shall bind as a Fine 31 H 8. B Fines Levies 110. 'T was granted for Law where two are of the same name as if there bee two R B and the one levies a Fine of the others Land there the other shall avoid it by Plea s to say that there are two of the name and that the other R Blevied the Fine and not this R B 33 H 8. B Fines levies 115. the end Note that if the Writ of Dedimus potestatem to levie a Fine doth not beare teste after the writ of Covenant 't is Error for the Dedimus potestatem saies cum Breve nostrum de conventione pendet betwixt A B and C D c. 35 H 8. B Pines Levies 116. Note that 't was devised to have a Lease for yeeres to binde Tenant in taile that the tenant in taile and the Lessee should acknowledge the tenements to bee the right of one A a stranger and that A should grant and render by the same Fine to the Lessee for sixtie yeeres the remainder to the Lessor and his Heirs and 't was with Proclamation which shall binde the taile after proclamation made And so see that the Devise after will not serve for taile but for Fee simple for hee which takes by Fine shall not bee concluded if hee bee an Infant or Feme covert or the issue in tail of the Conusor And in this case no rent can bee reserved for A was a stranger to the Land by which the Lessee granted ten pound of rent and extra terra illa with a clause of distresse during the yeeres or terme aforesaid to the Lessor 36 H 8. B. Fines Levies 118. Lease may be made by Fine for term of yeeres rendring rent and first the lessee to acknowledg the tenements to be the right of the Lessor come ceo c. and then the other grant and render to him for terme of sixtie yeeres rendring therefore yeerely ten pound per annum c. And with Clause of Distresse Time H 8. B Fines Levies 106. Note by Fitz Just That a Fine levyed by A and B his wife where the name of the wife is M shall binde her by estoppell and the tenant may plead that shee by the name of B levyed the Fine and so 't was in ure by him and 't was pleaded according Time H 8. B Fines Levies 117. Note by Bromeley chiefe Justice and others That a Writ of Error was brought in the Kings bench because a Fine was acknowledged by Dedimus potestatem before one who was not a Judge Abbot Knight nor Sargeant and for this cause 't is refused to admit any which is taken by such for the Statute de finibus Attorn gives power to none except to Justices Abbot and Knight quaere by B if a Sarjeant at Law bee not taken as a Justice by the equitie of the Statute Time H 8. B Fines Levies 120. 'T was granted that a Fine may be levyed in a Hamlet for if a Scire fac lyes upon a Fine in a Hamlet as it appears 8 E 4. that it doth therefore a Fine is well levyed there
that Tail may be of a Copyhold and that a Formedon mayly of it in Discender by Protestation in nature of a Writ of Formedon in Discender at common Law and good by all the Justices for though that a Formedon in Discender was not given but by Statute yet now this Writ lies at common Law and it shall be intended that this hath been a custome there de tempore c. and the Demandant shall recover by advise of all the Justices 15 H 8. B Tenant per Copy 24. Where a Stuard or under-stuard may let by Copy e contra See Tit Court baron Note that if a man leases a Mannor for yeeres in which are Copy-holds and after a Copyholder dies the termer of the Mannor grants the land by Copy for three lives this is good for the custome through all England is that the Lord for the time being may demise by Copy c. and this notwithstanding that hee is but durante bene placit or at Will And 't is held that such Tenant of a Mannor cannot demise reserving lesse rent then the ancient rent but he ought to reserve the ancient rent or more quaere of that Tenant by sufferance see Tit Tenant at Will Tender 'T is said for Law that upon a Lease for yeers rendring rent with re-entry the Lessee ought to bee ready all the day and make attendance to offer it and it suffices for the Lessor to come any time of the day yet the entry is that the one and the other attended the intire day quaere inde 36 H 8. B Conditions 192. the end Entre Congeable 2. the end Note that 't was agreed in the Serjeants Case that where a man leases Land for yeeres rendring rent and for default of payment a re-entry it suffices for the Lessee to tender the rent upon the Land the last houre of the last day of the Moneth if the money may bee told in that time And so it sufficeth for the Lessor to demand it the same houre 4 M 1. B Tender 41. If a man Leases for yeeres rendring rent at Michaelmasse and other Covenants if hee bee bound in an obligation to pay the rent precisely there hee shall seeke the Lessor but if hee be bound to perform the Covenants c. The tender upon the land sufficeth for there the payment is of the nature of the Rent reserved Contrary in the first Case 6 E 6. B Tender 20. Tenures What shall bee a Tenure and what a Condition see Tit. Conditions What shall bee a Tenure in Capite of the King what not see Tit. Liverie A man makes a Feoffment of the moytie of his Land the Lessee shall hold of the Lord by the intyre services which the intire Land was holden before for the Statute of Quia emptores terrarum tenend pro particula holds not place here for a moytie is not particula the same Lawe of a third part and the like which goes by the halfe and the whole contrary of an acre or of two acres in certain And if a man holds two acres by a hauke and makes a Feoffment in Fee of one acre the Feoffee shall hold it by a hauke and the Feoffor shall hold the acre by another hauke 29 H 8. B Tenures 64. Restitution by Parliament revives a Seigniory or Tenure which was extinct by attainder of Treason by Parliament See Tit. Extinguishment See in the Exchequer 3 E 3. Ro 2. 't was found that a man held of the King in Knight service in capite ut de honore suo de Rayleghe and 't was taken no tenure in capite but a tenure of the honour and therefore his heir shall have ouster Omaine of his other Lands which should not be if it had been in capite for then the King shall have all in Ward by his Prerogative yet otherwise 't is if the Honour be annexed to the Crown for then the Honour is in capite And 11 H 7. the Honour of Rayleghe was annexed to the Crown therefore now 't is in capite And where the King gives Land to hold of him by fealty and 2 d. pro omnibus servitiis this is Socage in capite for 't is of the person of the King otherwise if it were to hold ut de manerio de R. 33. H 8. B Tenures 94. 'T is held that if a man made a Feoffment of land before the Stat of Quia emptores terrarum to hold of him and to make suit to his Court this is good if he hath a Court But a man cannot commence a Court by tenure made where he had not a Mannor before for there the services should be holden of his person B Tenures 34. And a man cannot make a Mannor at this day though that he gives Land in tayl to hold of him and by suit of his Court for he cannot make a Court for a Court cannot be but by continuance And so a Man may make a tenure but no Mannor nor Court for a Mannor and Court cannot be but by usage had de tempore cujus contrarium memoria hominum non existit Testament Testament by a Feme Covert of the assent of the husband See Tit Devise A man devises his Land to I S this shall be taken but for term of his life but if he saith paying a 100. l. to W N this shall be intended a Fee-simple and if he doth not pay it in his life yet if his Heir or Executor pay it that suffises Quaere of his Assignee 29 H 8. B Testament 18. If a man holds three severall Mannors of three severall Lords in Knight service and every of them of equall value he cannot make his will of two of the Mannors leaving the third Mannor to the Heir but of two parts of every Mannor for otherwise he shall prejudice the other two Lords 35 H 8. B Testament 19. Note by the Doctors of the Civill-Law and Serjeants of the Common-Law if a man makes his Testament and names no Executors this is no Testament but yet 't is a good Will of the Land in it for those are not Testamentary but in the first where Executors want yet the Legacies shall be paid But if it appears that he made part of the Testament and not the whole there the Legacies shall not be paid And where a man makes a Testament and Executors and they refuse yet the Legacies shall be paid for there is no default in the Testator and the Testament shall be annexed to Letters of Administration 37 H 8. B Testament 20. Note for Law by the Chancellor of England and Justices That if the Tenant who holds of the King in Knight service in capite gives all his Land to a Stranger by act executed in his life and dyes yet the King shall have the third part in Ward and shall have the Heir in Ward if he be within age And if of full age he shall have
ancestors death ib Writ of ward without seisen infra tempus memoriae Tenure traversable 156 No seisen and yet ward 157 Assent and dissent to marriage ib Divorce ib Ordinary ib Warde and marriage 158 Tenure ib Two Joyntenants and the heir of the one in ward living the other ib Garranties Warranties 159 Collateral warranty ib Coverture shall not avoide a collateral warranty upon a discontinuance ib Warranty without heirs 160 Warranty to rebut but not to vouch ib General writ 161 General issue ib Things to be pleaded and not given in evidence ib Command ib Common ib Rent 162 Licence ib Lease for yeers and at will diversity ib Manumission in deed and in Law diversity ib Not escaped pleaded and not arrested given in evidence 163 Grants 164 Office of charge and of profit diversity ib Ousting the officers ib Quere 166 Grant void for incertainty 137 Diversity betwixt grant and devise ib Quere ib Lease for life and four yeers over ib What shall pass by grant of lands and tenements or omnes firmas ib Ejectione Firme bi HARIOTS 138 HAriot custome and service diversity ib Detinue ib Heresie 138 Where a writ de haeret comburend shall issue where not ib Abjuration 139 Diversity ib Homage see Tit-Fealty 139 IDEOT 1â—0 IDeot and unthrift diversiverty ib Imprisonment 140 Incident 140 Court Baron incident to a mannor Pipowders to a Faire ib Grants 141 Recovery of a rent service good titie to homage and fealty ib Indictments 141 Indictment of death and poysoning ib Justice indicted ib Diversity ib Alter trespas in felony ib Intrusion 142 Relation of an office diversity ib Where pardon of Intrusion excuses the issues livery c. where not ib Diversity 143 Joyntenants 143 Where successive holds place where not ib Habendum ib Reentry by two or against two where the one dyes 144 Journeys accompts 144 Judggment 145 Nonage saves default ib Recovery against an infant by default and by action tried diversity ib Where a man shall be restored to his first action and where he shall have error c. ib Recovery of land in one County which lies in another ib VJew 146 Intendement ib Assise in N. and recovery pâ—eaded in H. ib Condition determined by judgement 147 Judgement given with original ib Issues joynes Issues joyned 148 Action upon the case upon an assumpsit ib Special verdict where the issue is upon an absque hoc ib Americiament ib Issue found in part diversity ib Preignancy ib Issue in wast ib Americiament 149 Issues retornes Issues retorned 159 See Tit. intrusion Debate of tithes betwixt lay persons ib Spiritual Court ib Tryal of a thing ultra mare 150 Jurors 150 Jury took a scroule not delivered to them in Court ib LEET 150 PAin in the Leet for redressing anusance forfeited by presentment ib Where the Lord shal have debt upon a pain in a Leet and where distrain for it 151 Leet of the torne of the Sheriff ib Exposition of a Statute Leases 151 Void lease ib Acceptance by the successor of a Parson upon a lease for years for life diversity ib Lease during a lease 152 House ib Averment ib Lease for life by a Parson and lease for years diversity Lease determined for a time and yet good after ib GardJan in Chivalry nor Lord by escheat shal not ouste the Lessee 153 Lease for life and lease for years after ib Convenit ib Concessit ib Dimisit ib Locavit ib Acceptance of rent by the successor of a Parson 154 Parson shal not have a writ of right ib A man leases for twenty years and after leases for fourty years ib Lease of a Bishop ib Dean 155 Parson ib Prebend ib Confirmation ib Habend after such a lease ended where there is no such lease ib Lease of a Prebend Equity ib Lease for yeers before livery sued 156 Relation of office ib Where the wife shall lose her Dower ib Lease till a hundred pound be paid ib Diversity ib Lease by a Bishop not sacred and by a Bishop deprived diversity ib Confirmation 157 Lease till he hath levyed 20. pound ib Where the one Feast is put before another in a Lease ib Ley gager Law wager ibid Law in detinue of an Indent of Lease ib Law lies not in a Qâ—o minus ib Licences ibid Contra formam collationis 158 Lieu place ibid Scire facias upon a recognisance ib Limitations ib Copyhold 159 Livery ib Where ward because of ward shal not sue livery but ouster l' maine Seiginory revived by suing livery ib Where livery shal be of Dutchy land where not 160 General Livery and special diversity ib Mannor purchased by the King shall be in him as in the grantor ib Livery Primer seisin ib Garde 161 Ouster l'main ib Where a man shall hold of the King as of his person and yet not in Capite Et ècontra ib Extent of Livery and of intrusion diversity ib Attainder of Cestui que use by Parliament and of attainder of a sole Tenant by the Common-law diversity ibid Exposition of a Stat. 162 Livery by the heir during a leas or devise for years ib Where a man shall sue Livery where not ib What is Livery what Ouster l' main 163 Livery of Soccage land ib Tenure of the King in Knights Service and in Capite diversity ib Soccage in capite and Knights service in capite diversity 164 What Livery is ib What Primer seisin ib Livery in Wales and County Palatine ib Primer seisin of cestui que use 165 Will not performed ib MAINPRIZE SVrety upon arrest in London ib Priviledge ib Procedendo ib Revivings ib Where surety upon a Bil in Banco regis is discharged where not ib Repleader ib Power of the Justices of the Gaol delivery 166 Maintenance ib Maintenance by him in remainder or reversion ib Sale where he hath not been seised by a year ib Statute expounded Mannor 167 Making of a Mannor ib Court Baron ib Suitors ib Misnosmer misnamer 168 Statute avoided by misnamer ib Monstrans de faits Shewing of Deeds ib Shewing of Deeds and Records ib Mortdauneester ib â—eoffment to two and the heir of the one ib Mortdauncester ib Discent of reversion Dower ib Forfeiture Feoffment Right ib Mortmain ib When a remainder is granted in Mortmain and when a reversion diversity ib Claim ib Remainder waived Vse ib Appropriation without licence is Mortmain ib Lease for 300 or 400 years is Mortmain ib Otherwise of a covenant for so many years ib 99 or 100 is not Mortmain years ib Mortmain ib Deseisin and discent takes not away the entry of the Lord for Mortmain ib NONABILITIE ib Obligation for usury ib Conclusion ib Non suit King nonsuite ib Nonsuit upon demur ib Nontenure a good plea in an attaint for a stranger contra for a privy ib Where non Tenure shall be a good plea in attaint where not ib Entry in attaint after the last continuance ib Nonse name 214 Where a
woman shall lose her name of dignity by marriage ib Notice ib Notice of resignation shall be given by the Ordinary ib Office de Vant. 215 Where the King shall not seise without Office ib Tenant for life the reversion to the King dies ib Full age shal be expressed when 216 Office ought to be certain ib Office findes dying seised but tenuram ignorant ib Where an Office intitles the K. to the Seigniory and Tenancie ib Servitia ignorant ib Melius inquirend ib Foundation not observed 217 Land which is a chattel shall be by office ib Where the King shall seise without office where econtra ib Fees granted to him who after is made Justice ib Steward and after made Justice ib The same man made Bailey and Steward ib Justice of the Forrest and keeper of the Forrest ib Parson created a Bishop 〈◊〉 Forfeiture of office iâ— Steward of a Forrest and Justice ib Authority of the Justice of Forrest 219 Sheriff and Escheater ib Obligation ib A man bound to B. ad usum â— who releases and good ib Oyer of Records c. See Tit. ib Monstrans de Faits ib Oyer and Terminer ib Commission of Oyer and Terminer ib Kings Bench alwaies Justices of Oyer Terminer 220 PAIN Pain for striking a man in the presence of the King ib Panel 221 Part of Aliens and part of Denizens ib Tales Error ib Parliament ib The King shall hold of no man ib What words in acts will revive Seigniories extinct before what not 222 Office for the King ib Remitter shall not be where land is assured by parliament in case of a common person nor in case of the King 223 Lease or charge by Tenant in tail ib Of relation of an act of parliament diversity 218 Pleading of a stat 224 Amendment of the count of the King in another term Contrary of a common person ib Elect new Burgesses ib Parnour taker of the profits ib Recovery against parnour of the profits who is in ward of thâ— King 225 Travers by Feoffees in use ib Pernour ib Patents ib Licence of the K. not pâ—rsued ib K. grants by general words ib Tail extinct by surrender of the Letters Patents â—26 Formedon without shewing the Patent ib Assurance ib Constat Surrender 217 Patentee leases or gives after surrenders his Patent ib Constat Quaere 228 Bailywick or Sheriffwick granted absque compot ib Tol. Fair. Market ib Assise of fresh-force ib Borough English c. ib Diversity betwixt false suggestion and false consideration Quoere 229 Of what Lease recital shall be in the Kings patent of what not ib Recital in a Patent 230 King shall take notice ib Constat inspeximus diversity ib Peace ib Breach of the peace ib Peremptory 231 The first Nihil in a Scire Facias per emptory ib Petition ib Where a man shal have Petition where Travers ib Petition and Travers 233 Pledgee ib Gage delivered for debt ib Distress it as a Gage ib Pleadings ib Averment of his Title ib Recovery by default and action tryed diversiry ib Non tenure no plea in wast Entry to avoid a warranty Seisin during the coverture in Dower ib Averre the like of tenant for life or in Taile ib Where a man shall shew the commencem ent of a use where not 234 Fee Simple Fee Taile ib Plenartie ib Where Plenarty is no plea ib Mortmain Parson inpersonee ib Premunire 235 Where a Prohibition lies and where Premunire ib Premunire lies for a thing which never appertained to the spiritual Court ib Preregative ib Priority and Posteriority ib Land in use 236 Where the King may waive issue where not ib Gift of goods by the King ib Precipe quod redd for the King Escheat 237 Information ib Myne Quere Prescription 238 Custome shal serve where a prescription will not serve ib Presentation ib Two grants de prox presentatione ib Grant de prox presentatione ib The King shall present to anothers benefit by his prerogative for that the ineumbent is made a Bishop 239 Priviledge ib Priviledg shal dismiss the Plaintiff Bill of Middlesex ib Procedendo 240 Where Sureties in London shal remain after the action removed and econtra ib Proclamation ib Pena for making Proclamation without authority Prohibition 241 Surmise to obtain a prohition ib Admiralty ib Property 242 Alien inhabiting before and coming after war proclaimed diversity ib Quare Impedit 243 Presentment of the one Joynt-tenant puts the other out of possession ib Quareâ— Impedit against the presentee of the King sole ib Executors shall not have a writ by Journies by the death of the Testator Diversity 244 Writ and count special ib Writ to the Bishop ib Que estate Whose estate c. 245 Que estate pleaded by the recoveror or disseisor ib Que estate to a mean ib Que tstate of a particular Estate ibid Quinzisme 246 Burrough and Upland ib Tenth and fifteen who payes them and whereof levied ib Quo minus 247 Wager of Law lies not in a Quo minus ib Rationabili paerte c. ib Rationabilisi parte is by the Common law ib Recognisance ib Cognisee purchases and cognisor repurchases ib Recognisance to be recorded by Justices out of term Place ib The King cannot take a Recognisance ib Who may take a Recognisance ib Constable ib Record 249 Exemplification sub quo sigillo ib Court baron Court of Record diversity Where the Record it self shal be removed by writ of error Mittimus Recovery in value 250 This assurance was made by the adviceâ— of Brudnel and others Justices ib Recovery in value to binde the tail ib Recovery to binde him reversion by aid prayer and voucher ib Ancient demesne ib Quere ib Warranty ib Recovery in value shal not go to him in reversion 251 Assurance for to binde the tail Vouch 252 Recovery to binde him in remainder ib Diversity where the remainder onely is warranted and where the estate for life 253 Formedon ib Recovery to binde him in rem c. ibid Joynder in aid ib Relation 254 Relation of forfeiture by act of Parliament ib Relation of forfeiture of felony by verdict and by outlawry diversity ib Releases 255 Release no continuance ib Release of all demands barrs entry and seisure ib Relief see Tit. Debt 256 Remainder see Tit. Discent Remitter The Statute of uses 27. H. 8. doth not make remitter ib Diversity ib Title of entry doth not make â—remitter contary of a right of entry ib quere 257 Repleder Jury discharged by Jeofail ib Rescous see Tit Distress Reservations 258 Soil excepted by excepting of the wood ib Restitution Restitution by Parliament ib Restore al primer action Restored to the first action Remitter to the first action è contra ib Where an action shall be restored after a feoffment where not ib Retorn de avers Return of beasts 259 Discontinuance or nonsuit in second deliverance ib Revivings see Tit. Extinguishment Rit Rout unlawfull assembly
Difference betwixt Riot Rout and Assembly ib Sanctuory See Tit Corone saving default See Tit. Judgement Scire fac ias Second deliverance See Tit. Retorn de aeverse Seisin 262 Seisin by the hands of an intrudor ib Livery ib Distress suspended not Seigniory 262 Seisin of the King loses not the arrerages ib Several precipe Debt and deâ—inue in the same Writ ib Several tenancy 263 Uncertain demand in an assise Statute Merchant Part of the land extended in the name of all no reextent ib proces in another County upon a nihil returned upon a testatum est ib Deiberate ib Surrender ib When a man may hold the land beyond his term upon a Statute 264 Judgement ib Reversion not extendable ib Diversity betwixt a purchase after the Statute and before execution and where t is purchased after execut ' had 265 Execution by Executors in the name of the Conusee who is dead ib Execution for the Executors of the Conusee 267 Conusor returned dead ib Retorn of extendi facias liberate ib Supercedias 268 Attaint ib Sureties Death of the King id Surrender 268 Surrender extra terram ib Trespas ib The King cannot record a surrender ib Surrender by the first termor ib Termor makes the Lessor his Executor 279 He in remainder surrenders where there is a Lease for years in possession ib Suitor Two suitor onel Coyurt Baron ib Taile 270 Single voucher and double voucher diversitie ib Where the assets aliend shall be a bar in a Formedon where not 271 Two sons by divers venters ib Collateral warranty by release ib Quere ib Taile extinct ib Surrender ib Tenant at will 272 Tenant by sufferance and at will ib Disseisor ib Tennant by Copy ib Formedon in discender by a copy-holder ib Intendment ib Where Tenant at will or a termor of a Mannor may grant copy-hold for life 273 Demise rendring the ancient rent or more ib Tenant by sufferance See Tit. Tenant at will ib Tender ib What shall be the attendance in a condition ib Diversity 274 Condition of reentry for non payments ib At what time the lessee ought to make tender ib Tender upon the land â—e contra ib Tenures 275 Tenant makes a Feoffment of a moyety this is not pro praticula The like matter in the Cheq 5. H. 6. Ro. 4. ex parte ib Remember Thesaurarij 276 Tenure in capite ib Et de honore diversity ib Ouster I' main ib Socage in capite ib Diversity ib To hold by suite of court ib Court Mannor 277 Testament 277 Where a man shall have for life and where see simplely devise ib Payment by the Heir Executor or Assignee ib Quere ib Will of 3 Mannor by the stat 32. H. 8. 278 Testament cannot be without Execut. ib Where a legacy or devises shall be good though the devisor names no Executors ib Feoffment of all after the Stat. of 32 H. 8. ib Ward 279 Primer Seisin ib Explanation of Wills by Stat. 34 and 35 H. 8. ib. Testmoignes Witnesses 279 Age of Witnesses in Etate proband ib Titles 280 See Tit. Pleadings ib Travers of Office 280 Title made upon traverse tendered ib Traverse dying seized found by Office ib Termor cannot traverse 281. Monstrance de droit ib Traverse against the King ib Where the King shall have Prerogative where not ib. Non-suit in Traverse and Petition diversity ib. Judgement in Traverse ib. Travers by c. 282 Action upon the Case for making of false clothes ib. Seisin in Fee Traversed in Assize ib. The King shall waive his issues contra of an Informer ib. Without that that he had any thing 283 The mean conveyance in the Title shall not be traversed where the Plaintiff in his Title binds the Defendant ib. Remitter ib. Seisin in Fee traversed 284 Treason Misprision of Treason ib. Where Tryall shall be per pares 285 Forfeiture for misprision of Treason 286 Compasse or imagine ib. What shall be said Treason ib. Deprive ib. Quaere ib. Fine for misprision of Treason ib. Alien commits Treason 287 Diversity ib. Trespas 287 Quare vi armis of taking in anothers soil ib. Tryall 288 Tryal of a Peer of the Realm arrained upon an Indictment and appeal diversity ib. Tryall in Court Baron by wager of Law ib. Tryall of the Law shall bee by the Justices and of a particular custome per patriam ib. Tryall of a Bishop 289 Variance 289 Quare imped and the Writ and the Deed vary ib. Verdict 289 Verdict at large in a Writ of entry ib. Villeinage 290 Asserts in their hands ib. Diversity ib. Where the King shall have the Villeine of another in Ward or Ideot ib. Quaere ib. Voucher 291 See B. Tit. Voucher ib. Usury 291 Diversity where the day is certain and where incertain to make usury ib. Defeasance ib. Usury and where not 292 Waife 292 Waives his proper goods for Fellony ib. Waste 29â— Waste by a Termor who dyes before action broughâ— ib. Cutting of Beech of 20. 0â— under 20. yeers of age shall be Waste 293 Locus vastat waste in hedg-rows ib. Where the Termor may take all the under-wood eâ— contra ib. Silva cedua 294 Waste for not covering of a new frame and house ib. Waste by the Heir ib. A man shall be named Heir or Executor in the Premises and not in the alias dictus ib. Conclusion to the Writ 295 Abridgment HOlden by the Prothonatories of the Common Bench in Trespass of Battery That of such matters which lie in Conusance of the Justices they may increase dammages after a Verdict upon Issue otherwise of such matter which lies not in their Conusance as Trees cut But yet there they may increase costs 3. Mar. 1. B. Abridgement 36. the end Acceptance Note By Fitzjames and Englefield Justices if Tenant in Dower Leases for years rendring rent and dies the Lease is void and acceptance by the Heir of the Rent will not make the lease good for t was void before otherwise of voidable Leases 22. H. 8. B. Acceptance 14. If Tenant in Taill Leases his land for twenty years rendring rent and dies and the Lessee leases to another for ten yeares and the issue accepts the rent of the second Lessee this is no affirmance of the Lease for there is no privity between the second Lessee and him contrary if he paies it as Bayliff of the first Lessee and B. seems if the first Lessee had Leased over all his Term in parcel of the land let and this Assignee paies the rent to the issue in tail that this affirms the entire Lease for Rent upon a Lease for years is not apportionable 32. H. 8. B. Acceptance 13. Tenant in Tail the Remainder over Leases for years rendering Rent and dies without issue he in the Remainder accepts the rent this shal not binde him because that when the tail is determind all that is comprised within it is determined and so the Lease void and he in the Remainder
name of the thing demanded B. Averments 42. as if a Precipe quod redd be brought of the Mannor of B. or the like the Tenant pleads a Fine Recovery or the like of the Mannor of G. he ought to aver that the one and the other are one and the same Mannor not divers contrary if he pleads a Fine or recovery de predict Manerio de B. for this word predict is in effect an averment that all is one B. Pleadings 143. And where a man pleads a Recovery by a strange name of the parties he ought to aver that the first person and this person are all one and not divers Otherwise B. seems where he pleads it by this word predict 33. H. 8. B. Averments 24. T was said for Law That an averment is not necessary in an avowry viz. hoc parat est verificare for t is in lieu of a Declaration and the avowant is actor 3 M. 1. B. averment 81. Avowry Lord and Tenant by Fealty 3 pence Rent the Lord dies his wife is endowed of the Seigniory she may distrain for 1 peny the Heir for 2 pence so now the Land is charged with two distresses where it was charged but with one before but this is not inconvenient for he shall pay no more Rent then before The same Law where the Lordship is divided by partition between Heirs Females and the like 24. H. 8. B. Distresse 59. Avowry 139. If two Copartners make partition and give notice to the Lord he ought to make several avowries And if a man sell his land by Deed indented inrolled within the half year according to the Statute the avowry is not changed c. without notice no more then upon a Fine Yet B. doubts of of a Conusans de Droit com Ceo. c. but if a man recover against the Tenant or if the Tenant is deseised the disseisor dies seised and his heir is in by discent so that the entry of the disseisee is taken away the avowry shall be changed without notice The same law if the Tenant make a Feoffment and dies the Lord shall change his avowry without notice for nothing is discended to the heir of the Feoffor And where notice â—s necessary it shall be done upon the Land holden with tender of the arrearages for otherwise the Lord shall lose his arrearages if he avows or accepts service of the Feoffee c. before the arrearages paid Ideo caveatur inde 29. H. 8. B. avowry 111. 146. In a Replevin if the Defendant avows because that A. was Lord and was seised by the hands of B. then Tenant c. of such servises he may convey the estate of the said B. in the Tenancy to the Plaintiff in the Replevin by a que estate without shewing how but he cannot convey to himself of the said A. in the Seigniory by a que estate without shewing how for the Seigniory is there in demand and not the Tenancy 34 H. 8. B. avowry 7. que estate 2. the end Note That he which avows upon the Land as within his Fee or Seigniory by the Statute shall aleadge a seisen as in other avowry and then shall conclude his avowry upon the land as within his Fee and Seigniory and in such avowry every Plaintiff in the Replevin be he Termor or other may have every answer to the avowry as to traverse the Seisen the Tenure and the like which are a good answer in an avowry or plead a release or the like as Tenant of the Free hold shall though he be a stranger to the avowry for such avowry is not made upon any person certain therefore every one is a stranger to this avowry and so the Plaintiff may have every answer which is sufficient 34. H. 8. B. Avowry 113. 'T was agreed that to say That the place where c. is 4. acres which is and was the time of the caption his Freehold for which he distrained and took the beasts for dammage Feasent was a good avowrie 4. E. 6. B. avowrie 122. 'T was holden by the Justices of both Benches That where a man holds by Rent and Knights service and the Lord and his ancestors have been alwaies seised of the Rent but not of the homage escuage nor of ward yet if a ward falls he shall have the Wardship of the heir for the seisen of the rent suffices to be seised of the Tenure as to this purpose yet otherwise B. seems to make avowry 7. E. 6. B. avowrie 96. the end Ward 69. Note That 't was agreed that at this day by the limitation of 32. H. 8. the avowry shall be made generally as was used before and if there were not seisin after this limitation then the Plaintiff in bar of the avowry may alleage it and traverse the seisin after the limitation B. avowry 107. Also where a man brings an action real or mixt or makes avowry or Conusance and issue is taken upon the seisin infra tempus Statuti and t is found against the Demandant Plaintiff or Avowant this is peremptory by the same Statute 1. M. 1. B. Peremptory 78. Averment is not necessary in an Avowry See Tit. Averment Barre WHere a Fine with Proclamation or a Recovery shall bar an estate tail where not and where the Reversion is in the King with other good matter concerning Fines See Tit. assurances Bastardie Note That t was taken by the Commons house of Parliament if a man marry his Cosin within the degrees of Marriage who have issue and are divorced in their lives by this the espousals are avoided and the issue is a Bastard Otherwise if the one die before divorce there divorce had after shal not make the issue a bastard for the espousals are determined by death before and not by the divorce And a dead person cannot bring in his proofs for divorce after the death of the parties is but ex officio to inquire de peccatis for a dead person cannot be cited nor summoned to it 24 H. 8. B. bastardie 44. D'arraignement 11. Battel T is said that if an appeal of Murther be brought in the Kings Bench the Defendant joyns battel it shall be before the Justices of the Kings Bench and not before the Constable and Marshal 5. M. 1. B. battail the end 16. Bill 'T was said That a Premunire shall be maintainable by Bil in the Kings Bench though that the party be not in custodia marescalli B. Bill 1. And 't was common that many Clerks were compelled to answer to bills there who were not in Custodia marescalli 22. H. 8. B. Premunire 1. Cerciorari T Was agreed in Chancery That there is no Certiorari in the Register to remove a Record out of a Court into the Common Bench immediatly but it shall be certified in the Chancery by Surmise then to be sent into the Common Bench by Mittimus And indictments may be removed out
Dalyson Justices Dyer Serjant and Griffine and Cordell Attorney and Soliciter And t was agreed that Counsellers who give evidence against Traytors are not accusers And by the Civill Law accusers are as parties and not witnesses for witnesses ought to be indifferent and not come till they are called but accusers offer themselves to accuse for t is a good challenge to witnesses to say that he was one of his accusers 4. M. 1. B. Corone 219 'T was said for Law that a man cannot abjure for high treason Quaere of petty treason for t is manifest in a Chronicle in the time of H. 6. that a woman that killed her Mistress abjured the Realm 5. M. 1. B. Corone 180. the end Manningt ' and another were indicted of felony in the high way in the County of Bedford for robbery of one Edward Keble Clerk with daggs the indictment and the body were removed into the Kings Bench and there they were arraigned and pleaded not guilty to the countrey and were tried But after a writ was sent with the body into the countrey with Nisi prius to trie them in the county of Bedford And this is a common course so to remove the body and the Record out of the Kings Bench to the countrey again 4. M. 1. B. Corone 230. A man takes Church and the Coroner comes to him and demands of him for what cause he does it who said that he would be advised by 40. days before that he would declare his cause the Coroner may draw him out presently but if he will confess to him felony he may remain there by 40 days before that he abjures Otherwise where he takes Sanctuary as Westm ' Knoll and the like for this may hold him for term of life except in case where a Statute changes it B. Corone 180. Sanctuary 11. But if he will abjure within the 40 days the Coroner shall give him a certaine day to doe it B. Corone supra None shall take priviledg of the church except that he be in danger of his life B. Corone 181. Nor none shall have the priviledg of Sanctuary except he in periculo vitae And note that Sanctuary cannot have a lawful commencement Nisi pro vita hominis as for treason felony or the like and not for debt therefore where a grant or prescription is to have Sanctuary for debt t is worth nothing for t is against the Law But if his body were in execution and he escapes and comes to a Sanctuary ordained for safeguard of the life of a man he shall enjoy it for by long imprisonment his life may be in jeopardy And if the church be suspended for bloodshed yet he which takes the church for felony shall enjoy it by 40 daies B. Sanctuary supra There are two manner of Sanctuaries S. private as Westminster Knoll and the like And general sanctuaries as every church B. Corone 181. the end Abjuration for felony discharges all felonies done before the abjuration A man cannot abjure for petty larceny but for such felonies for which he shall suffer death Lecture B. Corone 182. Note that these words Quod pred vitam membra in a Statute are intended felony without the word of felony in it Regula B. Corone 203. Corporations Note that the Justices of the common bench accords in case of a corporation that known by the one and the other in a suite by a name known is no plea for the plaintiff for he ought to acknowledge his proper name But if the defendant be named by the plaintiff by a name known though the defendant be corporate it suffices Yet Quaere if there be not a diversity betwixt an action real and an action personal 25. H. 8. B. Corporations 82. By Fitz. â—f the Abbot and Covent sel all the lands and the Abby yet the Corporation remains Quaere by B. of what he shall be Abbot for there is no church nor monastery And by him Quaere if the Abbot die if they S. the Covent may chuse another the house being dissolved 32. H. 8. B Corporations 78. See Tit Extinguishment The King makes a Duke or Earl and gives to him 20. l. of land or the like by the same name so that the creation and the grant is all by one and the same patent yet t is good And the same Law of making a corporation and giving to them land by the same patent and name 2. E. 6. B. Corporations 89. Costes Note by Spilman Justice that at common Law a man shall recover costs in a Quare impedit but otherwise after the Statute of Westm. 2. cap. 5. because the Statute gives great dammages in a Quare impedit 22. H. 8. B. costes 25. Note where an action penal is given by Statute to recover a great summ by action of Debt for ingrossing or the like there the Plaintiff shall not recover costs nor dammages in this action of Debt 35. H. 8. B. Dammages 200. costs 32. T was said That if a Lessor brings Debt against his Lessee for years for Rent and the Plaintiff is nonsuit or if the inquest pass against him he shall render costs to the Defendant by the Stat. for a Lease for years rendring rent is a contract 2. M. 1. B. costs 23. Covenant Where an assignee shall be charged with the Covenant of his Grantor See Tit. Assignee Plea of Covenants perform generally without shewing how is no good plea See Tit. conditions T is said by the Justices That a Writ of Covenant lies upon an Indenture without this word Covenant and grant for him his heirs and executors 1 M. 1. B. covenant 38. the end Coverture Note that a Statute Staple nor Deed enrolled shall not be accepted of a Fem Covert by the Common Law contrary by the custom in London of a Deed enrolled for this shall binde in London as a Fine at Common law B. coverture 59. 76. the end Nor a Fine Statute nor Deed enrolled shall not be suffered by an Infant 32. H. 8. B. coverture 59. the end Count. Precipe quod reddat against Tenant for life who prays in aid of him in reversion who appears gratis and joyns in aid and the Demandant counts de Nono against the Tenant and the Prayee and they vouch the common Voucher and suffer recovery for assurance And yet t is said That the Priee shall not have Oyer but of the Count. cusus 22. H. 7. B. count 87. Court Baron T was said that the Lord of a Mannor cannot hold Court nor do justice without two Suitors and if they die or if that there be but one suitor the mannor is determined for t is not a Mannor without Suitors 23. H. 8. B. Court baron 22. the end If an understeward holds a Court Baron and grants Copy-holds to the Tenants by Copy of Court Roll without authority of the Lord or high Steward this is a good grant for in
makes a Feoffment before the Statute of execution of Uses to the use of himself for term of his life the remainder to W. in Taile the Remainder to the right Heires of the Feoffor the Feoffor dyes and W. dyes without issue the right Heir of the Feoffor within Age he shall be in Ward for the Fee discended for the use of the Fee-simple was never out of the Feoffor And the same Law where a man gives in Taile the Remainder to the right Heires of the Donor the Fee is not out of him Otherwise where a man makes a Feoffment in Fee upon condition to re-infeoffe him and the Feoffee gives to the Feoffor for life the Remainder over in Taile the Remainder to the right Heirs of the Feoffor for there the Fee and the use of it was out of the Feoffor therefore he hath there a remainder and not a reversion 32. H. 8. B. Garde 93. Where a man holds certain land of the King in Soccage in Capite the King shall not have livery of more then the Soccage land The same where he holds of the King in Knights service and not in Capite the King shall not have more in ward but onely that which is holden of him immediately 32. H. 8. B. Garde 97. Note by all the Justices of England that a Lord in Knights service by nonage of the Heir shall not ouste the grantee of Wreck or de proxima presentatione nor the termors which are in by the father of the Heirs B Grants 85. Garde 66. Lease 31. in finibus So of a Lease for term of life 35. H. 8. B. Garde 61 the end A man dyes seised of lands holden in Knights service his brother and Heir within age the Lords seises the ward the wife of the Tenant privily with childe with a son and after the wife is delivered the brother is out of ward But if the Infant dye the brother yet within age there the brother shall be in ward again And the same Law where a daughter is heire and after a son is born the daughter is out of ward And if the son dies without issue the daughter within age she shall be in ward again so see that one and the same person may be twice in ward by two several ancestors But where the Lord seises the son for ward for land to him descended from his Father and grants the marriage of him to another and after other land holden in Knights service holden of the same Lord descends to the same son from his mother there B. seems that the Lord shall not have the ward again because he had him and granted his marriage before and the body is an intire thing 35. H. 8. B. Garde 119. 'T is granted by all the Justices that the King shal not ouste the termor of his tenant because he hath the heir of his tenant in ward by office found for him nor execution upon a Statute Merchant made against his tenant nor a rent charge granted by his tenant nor a grant de prox presentatione of an Advouson Time H. 8. B. Garde 44. If the son and heire of the Kings tenant or of another Lord be made a Knight in the life of his Father and after the Father dies the heir shall be in ward for otherwise the Ancestor may procure his son within age to be made a Knight by collusion to the intent to defraud the Lord of Ward which shal not be suffered And so it fell out of the Lord Anth. Brown of Surrey who was made Knight in the time of his Father who died the son within age and t was holden he should be in ward notwithstanding he was a Knight wherefore he agreed with the King for his marriage Otherwise B. seemes where hee is in ward and is made Knight in ward this shall put him out of ward and by him the Stat. which is Postquam haeres fuerit in custodiam cum ad aetatem pervenerit S. 21 annorum habeat hereditat suam sine relevio sine Fine Ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra sua remaneat in custodia dominorum usque ad terminum supradict is intended where he is made Knight within age being in ward after the death of the Ancestor and not where he is made Knight in the life of the Ancestor 2. E. 6. B. Garde 42. 72. 'T was agreed for Law in the Common Bench that if the Lord hath not been seized of homage within time of memory but hath been seised of rent it suffices to have a Writ of Ward and to count that he died in his homage for there is seisin of something though it bee not of the intire services And for this cause and also for that the seizin is not traversable but the Tenure therefore the action lies without Seisin of the Homage 6. E. 6. B. Garde 122. the end T was holden by the Justices of both benches That where a man holds by Rent and Knights Service and the Lord and his ancestors have been alwaies seised of the Rent but not of the homage escuage nor of Ward yet if a Ward fall he shall have the ward of the heir for the seisin of the Rent suffices to be seised of the Tenure as to this purpose Yet otherwise B. seems to make avowry 7. E. 6. B. Avowry 96. the end Garde 69. Where a use vests in the heir as heir of his Father where the Father was dead before Whether the heir shall be in ward or not Quaere See Tit. Feoffments to uses 3. M. 1. Note that t was declared by the Doctors of the Civil Law That where an heir or other is married infra annos nubiles and after disassents at the age of discretion or after before assent to the Marriage that this suffices and the party may marry to another without divorce or witnessing of it before the Ordinary but the Ordinary may punish it per arbitrium judicis but the second espousals is good as wel by the Law of the Kingdom as by the Law of the Church 5. M. 1. B. Garde 124. Ward and marriage is by the Common Law and the Father shall have the Ward of his son or daughter and heir apparent before the King or other Lord and Soccage Tenure by 20 years and Knight service after B. Garde 120. the end If an estate be made to many and the heirs of one of them and he which hath the Fee dies his heir within age he shall be in Ward by the Statute of Wills notwithstanding the others survive which are Tenants by the Common Law Casus B. Garde 100. Garranties Warranties If the husband wife alien land of which she is dowable there to have collateral warranty t is good to have the Warranty of the Wife against her and her heirs and then if she hath issue by the husband and she and the
Dean 20. Encumbent 18. Leases 5â— Where a confirmation shall be by 〈◊〉 Bishop Dean and Chapt of a Lease 〈◊〉 by the Parson Et contra See Tit. Câ—â—â—firmation A man is a purchaser with his wife 〈◊〉 them and to the heirs of the husband 〈◊〉 after the husband leases for years and â—dies the wife enters this shall avoid the Lease for her life but if she dies during the term there the rest of the term is good to the Lessee against the heir of the husband And the same Law of a Rent-charge granted out of it for the husband had thee Fee-simple tempore c. and might well charge it And note by all the Justices that the GuardJan in Knights service shall not ouste the termor of the ancestor of the heir And the same Law of the Lord by Escheat 36 H. 8. B. Leases 58. If a man leases for life to I. S. and the next day leases to W. D. for twenty yeers the second Lease is void if it be not a grant of a Reversion with Attornment for in Law the Free-hold is more worthy and perdurable then a Lease for yeers Yet if the Lessee for life dies within the term the Lease for yeers is good for the rest of the yeers to come 37 H. 8. B. Leases 48. the end 'T was agreed per plures that where I. N. convenit concessit to W. S. that he shall have 28 acres in D. for 20 yeers that this was a good Lease for this word concessit is as strong as dimisit vel lâ—â—avit 37 H. 8. B. Leases 60. King tenant in Tayl makes a Lease for yeers or life his issue may avoid it See Tit. Discontinuance in possession If a Parson lets Land for term of yeers rendring rent and dies the successor receives the rent the Lease is not good against him for he hath not Fee-simple Nor he cannot have a Writ of Right but Juris utrum therefore the receipt of the rent by his successor doth not affirm the Lease for this was void by the death of the Parson who leased 38 H. 8. B. Leases 18. the end 'T was holden by Bromley Just. and others that if a man leases for 20 yeers and the next day leases for 40 yeers the second Lease shall take effect for 40 yeers s. after the twenty yeers past Time H. 8. B. Leases 35. the end 'T was agreed for Law in the Chancery by the Justices that if a Lease for yeers be made by a Bishop that 't is not void but voidable for he had a Fee-simple Otherwise of such a Lease by a Parson this is void by his death for he hath not the Fee-simple but 't is in abeyance And the Bishop may have a Writ of Right or a Writ of Entry sine assensu capituli where a Parson shall have but a Juris utrum And therefore if the successor of a Bishop Dean Prebend and 〈◊〉 like who have a Fee and Lease and 〈◊〉 accepts the Rent this affirms the Lease 〈◊〉 be good And otherwise of such acâ—â—ptance by the successor of a Parson who â—ade such Lease for this Lease is void â—resently But if a Chantry Priest makes â— Lease his successor shall avoid it notâ—ithstanding the predecessor had a Fee â—ecause that 't is donative or presentative â—nd then such Lease is not perdurable exâ—ept it be confirmed by the Patron in the 〈◊〉 case and by the Patron and Ordinaâ—y in the other case 2 E. 6. B. Leases â—3 the end A man leases for yeers habendum post â—imissionem in factaÌ„ to I. N. finitaÌ„ and 〈◊〉 truth I. N. hath no Lease in it there the Lease commences immediately by Halesâ—ust â—ust and many others And by him if â— Prebend makes a Lease for 21 yeers by â—ndenture rendring the usual rent this shall â—â—inde the successor by the Statute of Leaâ—es for where the Statute saith in Jure Ecclesiae and the entry for a Prebend est â—â—isitus in jure Prebende yet it shal bind by the equity 3 E. 6. B. Leases 62. An Executor hath a term and purchases the reversion in Fee whether the term be extinct or no. See Tit. Extinguishment Tenant of the King in Capite dies and the heir before Livery sued makes a Lease for yeers 't is good if no intrusion be found by Office and an Office found after which findes the dying seized and no intrusion hath not relation to thâ— death of the ancestor but for the profits and not to defeat the Lease for thâ— Free-hold and Inheritance remain in thâ— heir But if intrusion be found tunc nuâ—â—lum accrescit ei liberum tenementum and then the Lease and dower of thâ— wife of the heir are void 5 E. 6. B. Leases 57. A man possessed of a Lease for 40 yeerâ— grants so many of them as shall be behinâ— at his death 't is void See Tit. Grants Note by Bromley and others Justice 〈◊〉 if I let Land to W. N. habendum 〈◊〉 100 l. be paid and without Livery thâ— 't is but a Lease at will for the incertaintâ— But if he makes Livery the Lessee shâ— have it for life upon condition implied 〈◊〉 cease upon the 100 l. levied 2 M. 1. â— Leases 67. 'T is said that Bishops in the time 〈◊〉 E. 6. were not sacred and therefore we 〈◊〉 not Bishops and therefore a Lease 〈◊〉 yeers by such and confirmed by the 〈◊〉 and Chapter shall not binde the successâ—â—â— for such never were Bishops Contra of a Bishop deprived who was Bishop indeed at the time of the demise and confirmation made 2 M. 1. B. Leases 68. What shall be said to be a Lease in reversion and what a grant of reversion see Tit. Attornment 'T was holden by all if a man Leases Land to another till the Lessee hath levyâ—d 20l that 't is a good Lease notwithstanding the incertainty 3 M. 1. B. Leases 67. the end 'T was ruled in the Serjants case that if a man let Land 4 Ian. habend for forty years Reddend annuatim at Mich. and Easter 20. s. the tenant shall pay at Easter and at Mich. I. equales porciones and the Lessor shall not lose the rent at Easter 4. M. 1. B. Leases 65. Ley gager Law wager Detinue of a Deed indented where an obligation of a Lease for term of years the defendant shall not wage his Law for this concerns Land and a Chattel real And so 't was late adjudged in the Kings-Bench 34. H. 8. B. Ley gager 97. 'T was said for Law that a man shall not wage his Law in a Quo minus 35. H. 8. B. Ley 102. Quo minus 5. in finibus Licenses 'T was agreed that if a Bishop Deâ— and Chapter give their Land in Fee with out License of the King who is Founder and is found so by Office the King shalâ— have the Land And another Foundeâ— may have a