have execution thereof as if no such gift had been made Stat. 3. H. 7. 4. All deeds of gift of goods and chattels made of trust to ones own use shall be void Stat. 13. El 5 Every gift grant bargain and conveiance of lands or chattles or of a lease rent common or other profits out of them and every bond suit judgment and execution had or made for the defrauding of any persons just action suit debt account damage penaltie forfeiture heriot mortuarie or releif shall be void against that person his heires executors c. The parties or privies knowing such a fraudulent gift which shall justifie it to be done bona fide or shal alien such things so to them conveyed forfeit one year value of the lands or profits out of it and the whole value of the goods nad chattles and the sum of such covenous bond and shall have half a years imprisonment This Act extends not to common recoveries nor vouchers in a Formedon nor to any gift c. bona fide and upon good consideration to any person not knowing of the fraud Stat. 27. El. 4. Every conveyance grant charge lease estate incumbrance or limitation of use of lands tenements or hereditaments made for the defrauding of purchasers of the land it self or any part or profit out of it shall be void against the person so purchasing for money or other good consideration and against all claiming under him with penalty as in the former Statute This extendeth not to the avoiding of any grant c. upon good consideration and bona fide If any such conveyance c. be made with a clause of revocation or alteration at his pleasure by writing and after he shall bargain demise sell grant convey or charge the same lands c. for money or other good consideratiâ—n the conveyance not revoked nor altered then such conveyance c. shall be voyd against the bargainees c. and all claiming under them lawfull mortgages only excepted Rule 11. Praecog Reg. 15. 17. E. 2. The Kings gift or grant of land or a Mannor cum pertinentiis â—â—nveyeth not Knights fees advowsons or dowers without expresse words Stat. 1. H 4. 6. In a petition to the King for lands annuities offices c. their value shall be therein exprest otherwise the letters Patents thereupon shall be void Stat 18. H. 6. 1. All Letters Patents which bear not date the day of the delivery of the Kings-warrant into the Chancery shall be void Stat. 34. 35. H. 8. 21. A confirmation of all estates contained by or conveyed from the King within seven years after the fourth of February in the 27 year of his raign notwithstanding any mis-recitall non-recitall c. with divers provisoes c. therein contained Stat. 1. E. 6. 8. Such another Statute for the confirmation of all grants made and to be made by E. 6. from the 28 of January in the first year of his raign and so during his life with such provisoes c. as in the sayd Act of H. 8. Stat. 4 5 P.M. 1. Another like Statute for the confirmation of grants made and to be made to or by the Queen or the King and Queen from the first of July in the first year of her Reign and so during her life with provisoes as in the former Acts. Stat. 18. El. 2. Another like confirmation of al grants made to for or by the Queen or to be made within seven years next after the end of this Session with like provisoes c. Stat. 43. El. 1. Another confirmation of grants made by Qu El. from the eight of February in the 25 yeare of her raign untill the end of this Session and a year after Stat. 21. Jac. 25. The King c. shall not take advantage of Forfeitures against his Patentees before Commission Processe c. Stat. 21. Jac. 29. A confirmation of Leases of the Duchy lands in Cornwall Stat. 1. Car. 2. Such another for Leases thereof to be made within three years CHAP. 3. Rule 6. STat. 32. H. 8. 34. Grants of Reversions may enter upon Farmers for any Forfeiture or condition and have like advantages against them by action onely for any other Covenants condition or agreement eontained in the Indenture of their lease as the Lessors their heirs or successors might And the like for the Lessees against the grantees of reversions Recovery in value only excepted CHAP. 4. Rule 9. STat. 6. H. 8 15. If any make suit to the King for lands offices or other things formerly granted to any person during the Kings pleasure the first Patentee being still in life the last grantee shall expresse in his Petition or pattent the former pattent and the determination of the Kings pleasure concerning the same otherwise the last grant shall be voyd Rule 15. Glocester 7. 6. E. 1. If a woman alien her dower in fee or for life the heir or other person to whom the Land ought to revert shall recover against the Alience in her life time CHAP. 5. Rule 5. MErton 9 20. H. 3. A child borne before Marriage is a bastard albeit the common order of the Church be otherwise Stat. 9. H. 6. 11. No writ shall be awarded to the ordinary to certifie Bastardy before three Proclamations be made in Chancery in three moneths viz once every moneth that all persons who have any thing to object against the party for bastardy shall sue to the Ordinary for that purpose Rule 8. Merton 5. 10. H. 3. Usury shall not run against any within age from the time of the death of his Ancestor whose heir he is unto his lawfull age yet the principal with usury due before the Ancestors death shall be paid notwithstanding this Act. Rule 10. Stat. 32. H. 8. 33. The dying seised of a disseisor with force and without title taketh not away the entry of him and his heirs who at the time of such discent had good title of Entry unlesse the disseisor had peaceable possession by five years next after such disseisin Rule 14 Westm 2. 1 13 E. 1. The will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed so that they to whom the land was given under such condition viz. that if the donee or donees should die without issue that then the land should revert to the donor should have no power to alien the land so given but that it shall rename to their issue after their death or shall revert to the giver or his heirs if issue fail neither shall the second husband of any such woman being donee in tail from henceforth have any thing of the land so given upon condition after the death of his wife by the Law of England neither shall the issue of such husband and wife succeed in the inheritance but immediatly after the death of the husband and wife to whom the land was given it shall returne to their issue or to the giver or his
c. hath an Interest This Act shall not be prejudicial to Lords and Commoners in any part of wasts not assigned to Drainers c. nor to any Port or Haven CHAP. 9. Rule 3 STat. 19 H. 7. 15. Upon a feoffment made to the use of a Villein the Lord may enter into the land it self Rule 7. Stat. 9. R 2 2. In a suit by a Villein against his Lord the Lord shall not be barred of their Villeins because of their answer in Law Rule 11. E. 61. 6. 16. No office or deputation thereof or of any part thereof which concerneth the administration or execution of Justice or the receit controlement or payment of the Kings money or revenue or any accompt Aulnage Auditorship or Surveying of the Kings Lands or Customes or Administration or Attendance in any Custome-house or keeping of any of the Kings Towns Castles or Fortress being places of strength or defence or any Clerkship in a Court of Record shall be bargained or sold or any reward or agreement of Reward taken for it upon pain that the seller c. shall forfeit all his Interest in such office or deputation c. and the buyer be a disabled person to enjoy the same And all bonds c. to be void as against him by whom they are made Howbeit all Acts executed by any such person offending before he be removed from his Office c. shall remain good This sttatute extendeth not to any Office of Inheritance or to any parkership or to any offices to be given by the Chief Justices of the Kings Bench or Common place or by any Iustices of Assize CHAP. 10 Rule 2. STat. 27. H. 8 24. No subject shall have authority to pardon any felony or any accessories to felony or any outlawry for such offences Nor to make any justices of Eyre Assize Peace or Gaole-delivery All originall Writs Indictments of treason felonie tre passe and processe upon the same shall be only in the Kings name and the Teste in his name that hath the Franchise Every Writ and Indictment whereby any thing is supposed to be done against the peace shall be supposed to be done against the Kings peace onely and not against the peace of any subject the King shall have all fines issues amerciaments and forfeitures lost by any Officers of Franchises for non-execution or insufficient returnes of processe or for any misdemeanour concerning their office with many provisoes in the same Statute CHAP. 11. Rule 4 WEstm 2. 23. 13. E. 1. Executors shall have a Writ of accompt and the action and processe in the same writ as their testator should if he had lived Stat. 4. E. 3. 7. 1. Executors shal have an action for a trespass done to their testator as of his goods and chattels carried away in his life and recover their damages in like manner as he whose executors they are might have done if he had lived Stat. 32. H. 8. 1. He that hath lands tenements 〈◊〉 hereditaments in soccage and none holden by knight-service or soccage in chief may devise all by his waâ— in writing or give all by act executed in his life 〈◊〉 may he that hath land holden by soccage in cheif anâ— other land holden of a common person by soccage and none holden by Knight-service saving to the Kingâ— primer seisin relief suing of the same out of the Kingâ— hands fines for alienation c. and all other dutieâ— for the soccage in chief as before hath been accustomed He that hath lands c. holden by Knight service whether he have any other lands holden of the King or of any other person by Knight-service or orherwise or not may do the like for two parts in three to be divided in certainty for the advancement of his wife or children and payment of his debts saving unto the King the wardship or primer seisin of the third part without any charge dower c. and finds for alienation He that hath lands c. holden by knight-service whether of the king alone by knight-service not in cheif or of a common person or som holden of the king some of a common person and other land in soccage may devise by will or give by act executed in his life two parts of that holden by knight-service and all the soccage saving to the Lord of the land holden by knight-service the Wardship of a full third part thereof without any charge dower c. Provided that every one shall sue his liverie and pay his relief and heriot as if this Act had never been made Stat. 34. 35. H. 8 The former Statute shall be extended to enable devises and other Acts onely by Land in Fee-simple And if the partie that maketh the will or other Act be seized in Coparcenerie or in the common it shal be good for so much as in himselfe of right is The wardship relief primer seisin c. shall be of lands that descend immediatly after the death of him that maketh the will or other act as well in fee-tail as fee-simple And the devise of two parts residue shall be good though it be of all his fee-simples land Such a will shall be good for two parts in case only where two may be devised though it be made for the whole or more then two parts Such wils made by a feme-covert infant under the age of 21 yeares Ideot or one of non-sane memorie shall not be good See also some other things there for the explanation of the former Act of 32 H. 8. 1. Rule 10. Stat. 21. H 8. 4. that part of the executors which take upon them the charge of a will may sell the land devised by the Testator to be sold albeit the other part which refuse will not joyn with them Rule 11. Stat. 25. E. 3. Stat. 5 5. Executors of executors shall have actions of debt accompt and goods carried away of the first Testators and Execution of Statute-Merchants recognizances made unto him And shall also answer for Assets as the first executors should have done Rule 12. Westm 2. 19. 13. E. 1. the Ordinarie shall satisfie debts wherein the Intestate was bound as executors should Stat. 31. E. 3 11. the Ordinaries shall depute next friends of the Intestate to administer his goods who shall sue and be sued and be accountable to the Ordinaries as executors should Stat. 21 H. 8. 5. Administration shall be committed to the widdow of the Intestate or to the next of his blood or to both at the discretion of the Ordinary The Oâ—dinary not doing his duty herein forfeiteth ten pound Stat. 43. El. 8. If any obtain goods of an Intestate fraud as by procuring administration to be granted a stranger of mean estate or not to be found and noâ— upon valuable consideration c. he shall be charge as executor in his own wrong as far as the goods debts extend Rule 20. Westm 1. 4. 3. E. 1. Where a man dog cat escape alive out of the Ship it
every Accomptant or him that receiveth money for the Queen or her successors to be imployed to the use of the Queen c. shall be extended in the nature of a Statute staple for the payment of the arrerages Or the Queen c. if he do not satisfy within six moneths after the arrerages found may sell his land and the party may have the surplussage to be delivered to him by him that received the money upon the sale without further warrant This sale to be of any land whereof it is found by Inquisition that the Accomptant taketh the profits with Inquisition if it be true after traverse of the office and that found for him he shall have his land againe without any petition livery or Ouster le main Here if any such buy land with the Queens treasure and pay not the arrerages as before the Queen shall seize and retain the land according to the rate that the party had it This Act extendeth not to such officers as have used to disburse money immediatly after their accounts past as the treasurers of War Garisons Navies c. unlesse the Queen c. command present pay Neither doth it extend to Accomptants whose whole Receit exceedeth not 300 l. not to Sheriffes Escheators or Bailiffes of Liberties The Queen c being satisfied by sale of land the sureties shall be discharged for so much and if any remain yet unpaid the sureties shall pay the residue ratably according to their abilites Stat. 2 7. El. 3. the Queen c. may make sale of the accomptants lands c. as wel after his death as in his life time and as well where the accompt was made and the debt known within eight years after his death as in his life time Provided that after the Accomptants death and before the lands be sold a fcire facias shall be awarded to garnish the heir to shew cause why the lands c. should not be sold c. whereupon if the heir upon such Garnishment or two nihils returned do not prove unto the Court that the executors or administrators of the accomptant have sufficient then ten moneths after such two nihils or garnishment returned the lands c. shall be sold and disposed according to the Stat. of 13. El. 4 Nevertheless the heirs sale bona fide and upon good consideration before the scire facias awarded shall be good to him that is not consenting to defraud the Queen c. This Act shall extend to all Officers of Receipts and Accompts to the Queen and to none other The heirs lands c. shall not be sold during his minority but at any time within eight years after his ful age they shall be liable as aforesaid If the Accomptant or debtor had a Quietus est in his life time that shall discharge the heir of debt Stat. 7. Ja. 15 No debt shall be assigned to the King c. by any debtor or accomptant other then such debts as did before grow due originally to the Kings debtor or Accomptant bona fide All Grants and Assignments of debts to the King c. contrary to the true intent of this Act shall be void Rule 15. Marlbr 23. 52. H. 3 Attachment given in an Action of Accompt against Bayliffs that withdraw themselves and have no lands or tenements to be distrained by Westm 2. 11. 13. E. 1. He to whom the accompt is to be made may assign Auditors to take it who may immediately commit to the next Gaole the Accomptant being found in arrerages till he fully satisfie wherupon the Accomptant finding himself grieved may bring the matter by a scire facias before the Barons of the Exchequer CHAP. 32. Rule 22. WEstm 1-20 3. E. 1. Trespassers in parts and Ponds attainted at the suit of the party besides making large amends according to the trespass and fine at the Kings pleasure shall have three years imprisonment and finde good surety not to commit the like trespasse And if he cannot finde surety he shall abjure the Realm Being a fugitive and having no lands or tenements whereby to be justified he shall be proclaimed from county to county and if he appear not outlawed Stat. 5. R. 2. 7. None shall enter into lands or tenements by force in pain of Imprisonment and ransome at the the Kings pleasure Stat. 15 R. 2. 2. When forcible entry is made into lands or Church-livings one or more Justices of peace taking sufficient power and going to the place so kept by force may commit the offender to the next Gaole there to remain convict by the Justices record till he hath made fine and ransome to the King and herein the Sheriff and all others shall be assistant in paine of Imprisonment and great fines making Stat. 8. H. 6. 9. The Statute of 15 R. 2. 2. shall be duely put in execution both against forcible entry and forcible detainer though the entry was peaceable When complaint of any such entry or detainer shall be made to any such Justice or Justices of peace he or they by precept shall command the Sheriffe to summon a sufficient Jury and having by them made inquiry of the force committed shall cause the tenements to be reseised and that as well in the absence as presence of the party offending And here the alienation of tenements so entred into or detained by force for maintenance shall be adjudged void Howbeit this Act shall endamage none where peaceable possession hath been enjoyed three years Stat. 31. El. 11. There shall be no restitution upon an Indictment of forcible entry or detainer where the defendant hath been three years next before in quiet possession and his estate therein ended Stat. 21. Ja. 15. Vpon force or detainer as aforesaid a Justice or Justices of peace have power to give restitution of possession as well unto tenants for years by Elegit Statute-Merchant or staple copiholders or Guardians by Knight service as unto such as claim freehold or Inheritance Merton 6 20. H. 3. A Lay-man ravishing or marrying a Ward within 14 years of age shall be imprisoned besides losse of the value of the marriage Westm 2. 35. 13. E. 1. A strict Law against one that taketh away a Ward CHAP. 33. Rule 2. MAgna Cart. 34. 9. H. 3. A woman shall have no appeal but only of the death of her husband Glocester 9. 6. E. 1. An appeal of the death of a man must be brought within the year Stat. 3. H. 7. 1. One acquitted upon an indictment of Murder or man-slaughter or as accessory shall not go at large without good bayl untill the year and day be past within which time an appeall may be brought if no Clergy be had before and all advantages therein saved as if the acquittall had not been CHAP. 34. Rule 17. 18. WEst 2. 7. A guardian may have writ of admeasurement of dower howbeit the heir at full age shal not be barred by that suit if the guardian did follow it faintly In
THE BODY OF THE COMMON LAW OF ENGLAND As it stood in force before it was altered by Statute or Acts of PARLIAMENT or STATE Together with an exact Collection of such Statutes as have altered or do otherwise concern the same Whereunto is also annexed certain Tables containing a Summary of the whole Law for the help and delight of such Students as affect Method By Edm. Wingate of Grayes-Inne Esq The second Edition corrected and amended London Printed for H Twyford in Vine Court Middle-Temple and Roger Wingate at the Golden Hynd in Chancery Lane 1655. The Preface THe Summary of the Common Law extracted for the most part out of Sir Henry Finch Knight his learned Treatise of the Law being intended only to present the Original frame of that Law and not capable of comprehending the Rules or Maxims of the several titles of law therein conteined it is conceived expedient here farther to present the same Authors continued method of the same law conformable to that Table which conteins the Rules of law inserted under their proper titles respectively so as the Student by often reading over and fixing in his memory the order and matter of this Treatise may therby attain such a certain notion of the Common Law as may make him apt and ready to apprehend any case may be put him or any Law Book he shall read Howbeit although the Rules here propounded are regularly true and conformable to the ancient Common Law yet they have been and still are subject to be altered by two other Lawes viz the Statute-law and the Law of Reason As for the first it hath been a law framed in all Ages by the Prudence of Parliaments for prevention of Inconveniencies found in the Common Law according to the condition of the people and state of affairs in the several times when it was made a brief Collection wherof viz of so much as alters or otherwise concerns the Common Law is hereunto annexed The other is as ancient as the Creation and comming into the world with man cannot be abrogated this last many times controuls the common Law when in respect of some accidents or circumstances the Judges are constrained to make a construction according to one or more Rules of reason if not against at least varying from a positive Rule of of Law as might be exemplified by many Instances if it were now convenient to insist thereupon but that being deferred to a fitter opportunity the Abstract following invites your serious and indulgent perusal THE BODY OF THE COMMON LAW OF ENGLAND CHAP. 1 The Definition of the Common Law also of the Place where and the Persons by whom it is used I. THe Common Law of England is a Law used time out of minde throughout the Realm II. The Realm of England is divided into Counties in all 39 each County into severall Towns a Precinct which anciently contained ten families called Tithings and ten of those Tithings made a Precinct called an Hundred III. In some Counties Towns and other places of the Realm there be speciall Usages time out of mind differing from the Common Law which are called Customs IV. A County is a part of the Realm entirely governed by one Sheriffe V. Every one ought to be Inhabitant within some tithing and there find sureties for his good behaviour VI. Diverse Towns have Hamlets in them and some speciall places there be out of any Town or Hamlet VII The persons within the Realm are to be considered either as one entire body or as particular persons VIII As one entire body it consisteth of the King and his subjects IX The King is the Head of the Common-wealth immediatly under God X. And therefore the King hath a shadow of the excellencies that are in God in a similitudinarie manner given him as XI Infiniteness XII Perfection XIII Majesty XIV Soveraignty XV. power XVI Perpetuity XVII Justice XVIII Truth XIX He hath also a prerogative in all things that are not injurious to the subject XX. In regard of the King the Queen his wife is participant of diverse prerogatives above other women XXI his subjects are the members of the Common-wealth and are Barons and Commons XXII The Barons are called the Peers of the Realm XXIII All the rest are Commons XIV The particular persons are naturall persons or Bodies Politique XXV The naturall persons are every man XXVI A Body Politique is a body in fixion of Law that indureth in perpetuall succession such is the King alone and by himselfe considered and a Parson called the Rector of a Church XXVII The Parson in regard of his continuall attendance upon that sacred function is freed from all personal charges that may hinder him in his calling XXVIII So is every other Clerk within Orders XXIX To the Parson belongeth the Tenth of all manner of yearly increase XXX Every Parson must be presented to the Ordinarie who is to admit him XXXI And then the Arch Deacon is to put him in possession by delivering the Ring of the Church-door and ringing the Bels. XXXII The Incumbent hath not the meere right in him of land in the right of his Church XXXIII Therefore every act which he doth with such land may be avoyded when he ceaseth to be Incumbent except such as are done by consent of Patron and Ordinarie which bind for ever XXXIV If the Church be void six moneths the Ordinary may Collate or appoint a Clerk of his own and if it be void six moneths after his time then the Metropolitane and six moneths after his time the King may present if the Patron present not before them XXXV when one Church is not able to finde the Cure the Ordinarie by consent of the Patrons may unite it to some other XXXVI Besides those Corporations that were at the Common Law there be diverse other which have grown of latter time by speciall foundation election whereof some are aggregate of many persons viz. of an ead and body Others consist in one single person XXXVII These Corporations are Temporall or Spirituall XXXVIII The Temporall are made by the King as Major and Commonalty also Colledges as Maister and Fellowes c. XXXIX Diverse Towns are so Incorporate before time of memory and are called Boroughs XL. The Spirituall ones were for the most part made by the Pope but had their power to purchase from the King XLI These are also of two sorts viz. Regular or Secular XLII Regular which have entred into Religion professing to vow three things viz Obedience voluntary Poverty and perpetuall Chastity XLIII And therefore these are dead persons in law only their head hath power to purchase or do such other things to the use of the house And of this sort are Abbot and Covent Prior and Covent c. XLIV Secular are such as have not entred into Religion as Bishop and his Chapter Maister of an Hospitall and his Brethren Guardian of a Chappel and his Chaplains c. Also Arch-Deacons and the like XLV
if after the fathers death he enter before his younger brother born of the same father and mother within Espousals and continue the possession all his life without interruption VI. If the next be women in equal distance as daughters Sisters Aunts c. they shall inherit alike and are but as one heir VII Where the generall Entry of one is of the rest if they list VIII The inheritance that descendeth shal be charged with the deed of the Ancestor binding himself and his heirs IX The Dying seized of the inheritance and Freehold together whereby the land descends unto his heir taketh away the Entry of every one that may have an Action X. But claim upon the land within a year before the death or if they dare not upon the land for fear of some bodily hurt then as neer the land as they dare saveth their entry XI A Fee-simple is a Fee-simple conditionall or absolute XII Conditionall is a fee simple to one and the heirs of his body XIII This estate before issue cannot be alienated after issue had becometh an absolvte fee simple XIV But so as if the issue fail before the alienation the donor shall have it XV. Hither belong hereditaments given in Frank-marriage with ones kinswoman XVI Absolute is a fee-simple to one and his heirs whatsoever XVII This estate descending to Females if one of them have lands of the same Ancestor by Frank-marriage she shall have no more unlesse she be content that the value thereof be allowed to the other XVIII To this place are to be referred Lands given to a Corporation which go in perpetuall succession XIX Here two speciall estates for life Dower and Tenancie by the courtesie of England do arise after ones death that hath an InheritaÌ„ce joyned with the freehold XX. Howbeit these estates must be of a fee-simple or such an estate taile as may go to the issue had between the Donees XXI Dower is an estate whereby the woman hath the thirds in severalty XXII She must be nine years of age at the time of her husbands death otherwise she shal not be endowed XXIII Detaining of deeds concerning Inheritance descended to the heir is a barr of her Dower XXIV If the husband at the Church door ad ostium ecclesiae or being heir apparant by his fathers or mothers consent ex assâ—nsu patris or matris presently upon affiance endow her of any certainty as of the whole moity or lesse part c. this will barr her of her thirds if she agree to it XXV Tenancie by the curtesie of England is an estate whereby of an actuall possession the husband that hath issue by her born alive shall have the whole CHAP. VI. Tenement Advowson I HEreditaments are tenements or bare hereditaments II. A Tenement is a possession holden the Fee-simple whereof when he that hath it dieth without heir cometh to the Lord III. Of this sort are Lands and Advowsons IV. Land is a Tenement in Mannuall occupation V. Under the name of Land are comprehended not only Gardens Meadowes Pastures Woods Rivers c but also Messuages Mils Yards Tofts Castles the like VI. Churches and Church-Yards belong to the Incumbent VII Prescription here hath no force VIII All Land is holden of the King immediatly or by means himselfe not having any higher upon earth of whom to hold IX Escheats of all Cities appertain to the King X All Mines of Gold and Silver or wherein the gold or silver is of the greater value are the Kings XI Amongst Coperceners the eldest upon partition shall have the cheif house XII Seisin delivered of land alwaies passeth a freehold XIII Otherwise a Freehold of land cannot passe save by release and confirmation where they are by way of enlarging an estate XIV They may also somtimes passe by Exchanges Endowments or Surrenders XV. An estate made within view of land is a good Liverie of seisin if the other enter in the Feoffors life time XVI An Advowson is an interest of presenting to a Church CHAP. 7. Distres Seigniories Fealty Rent-service Homage Suit of Court Tenures Releife and Rent charge I. RAre Hereditaments are those which are not holden and concern the Land or the person II. Those that concern the Land are extinguished or gone for ever when he that hath them hath high and continuing an estate as he hath the hereditaments III. Otherwise they are but suspended or gone for a time IV. These are leviable by distresse or such as cannot be distrâ—ined for V. Distresse is a taking of Chattels found upon the same Land for satisfaction of Arrearages VI. The King may distrain in any other land of the same mans for his Service or Rent charge VII The distresse being put in some place where the owner may lawfully come by them as if they be things that have life to give them meat c. he that distraineth shall not be charged what hurt soever they receive VIII Bare hereditaments that may be distrained for are a Seigniorie or rent charge IX Seigniories are services whereby Lands are holden X. Services are common to all certain estates or proper to inheritances XI Common as Fealty and Rent service whereof Fealty is incident to every such estate XII And therefore the Seigniory or Tenancy being altered it must be done anew XIII All other both common and proper grow by Reservation XIV Fealty is an Oath to be faithfull to the Lord for the Tenements XV. Rent service is a Rent to be paid to the Lord at certain set times XVI And to this place we may refer all services that lie in Fesance XVII Of which kind two amongst the rest are specially to be considered viz. Frank-Almoign and Divine Service XVIII Frank-Almoigne is when a man of the Church holdeth freely in Alms for which he is bound to say Prayers XIX But because the Prayers are not limited in certain he neither shal do Fealty nor is subject to distres XX. The lord must warrant such a Tenant against himselfe and his heirs and save him harmlesse of all manner of all services against the Lords above XXI Divine service is a spirituall kinde of service limited in certain XXII These are the services whereby every certain estate may be holden XXIII There follow those proper to Inheritances the Grantee whereof shall hold of the Grantor by such services as he holdeth over if other services be not reserved XXIV Or the Grantor may appoint him â—o hold of the next Lord. XXV A Mesn must acquit the Tenant of all manner of services against the Lords Paramont XXVI But Donors in Frankmarriage cannot hold but by Fealty and that of the Donor untill the Fourth degree be past who must also acquit them of all manner of services XXVII One that holdeth of the King as of his person alienating the Free hold without licence forfeiteth the Land XXVIII Services proper to Estates of Inheritance are Homage and Suit or Court XXIX Homage is an Oath of fidelity acknowledging himselfe to
Chancellour Treasurer a justice of either Bench a justice in Eyre of Assize or Oyer and Terminer being in their places and doing their Offices is High Treason III. Here the punishment is by drawing hanging and quartering for a man and drawing and hanging a woman CHAP. 22. Courts of Record Court Baron County Court I. Thus we have gone through both the parts of the Law there remaineth yet one generall and common Affection scattered throughout the whole law as the blood is through the body which we call Action II. Action is the handling of a cause in controversie before certain Judges who in respect of the place where they are set to do justice are commonly called a Court. III. Of all apparant faults proceeding from the Action the Court must take notice IV. Every Court hath power to award forth precepts and if the precept be not served another of the like nature shall go forth untill it be served V. To every Court do belong Clerks and Officers VI. A Clerk is he that serveth for things to be done in Court VII Any errour that appeareth to the Court to be the Clerks mistaking may be amended at any time VIII Officers are those who are to serve the Courts precepts and to certifie the Court thereof IX Courts are Courts of Record or Court Barons X. Of Record which are the Kings Courts XI These have such credit that no averment can be taken against any thing there entred or done XII Things also that cannot be granted but by deed passe here by matter of Record XIII The King taketh hereditaments by matter of Record onely XIV Villennage beginneth onely by confessing a mans self to be one in a Court of Record XV. Duties of the Testator growing by Record must be answered by Executors before other duties See Bankrupts 34. XVI Courts of Record are the Parliament or Courts that have ordinary jurisdiction XVII The Parliament is a Court of the King Nobility and Commons assembled having an absolute power in all causes XVIII Statuts of restraint binde not the King unlesse they concern the Common-whealth or he be specially named XIX He may license things forbidden by the Statutes XX. But where the Statute saith his license shall be void there it must have a clause of Non obstante viz. this clause notwithstanding any statute c. XXI Courts of Record which have ordinary Jurisdiction are either general whose jurisdiction extends throughout the Realme or but within some Countie XXII The former are those that are holden iâ— Term time only the whole year having four Terms viz. Michaelmas and Hilary Term Easter and Trinity term and every term severall dayes of Return XXIII Michaelmas term begining the 10 of October and ending the 28 of November hath eight Returns Octabis Michaelis Quindena Michaelis Tres Michaelis Mense Michaelis Crastino animarum Crastino Martini Octabis Martini Quindena Martini XXIV Hilarie term begining the â—3 day of January and ending the 12 of February hath four Returns Octabis Hilarii Quindena Hilarii Crastino Purificationis Octabis Purificationis XXV Easter term beginning 17 dayes after Easter and ending the Munday next after Aâ—cension day hath five Returns Quindena Paschae Tres Paschae Mense Paschae Quinque Paschae Crastino Ascentionis XXVI Trinity term beginning 12 dayes after Whitsunday and continuing 19 dayes hath five Returns Octabis Trin. Quind Trin. Crastino Johannis Baptistae Octa. Johannis Baptistae Quindena Iohannis Baptistae XVII To these Courts belongeth the power of sending forth Writs XXVIII A writ is a Latine letter of the Kings in parchment sealed with his seal XXIX All writs have a salutation Rex to such an one salutem and a conclusion expressing the place as apud Westmonasterium c. and the time both day and year of making it if it be returnable the day of the return is also appointed in it XXX The third writ termed the Pluris not served is a contempt XXXI And therefore the third writ hath alwayes this clause in it vel causam nobis significes so may the second termed the Alias also have if the Plaintiffe will XXXII The Officer of these higher Courts is the Sheriffe to whom is committed the custodie of the Countie XXXIII For matters spirituall the Ordinary is their Officer XXXIV These generall Courts are the Chancery and two Benches the Kings Bench and Common place XXXV Chancery which dealeth in suits concerning the King XXXVI Here the judge is the Chancellor having the Custodie of the great Seal of England under which pass all suits out of the Chancery with Teste meipso XXXVII The Kings Grants are also entred of Record in this Court XXXVIII Such grants are effectuall to passe a free-hold from the King without any Livery XXXIX and being Matters of Record they take effect from the time of the Date XL. In default of a Chancellor the Lord Keeper oâ— the great Seal hath his Authority XLI The Keeper or Master of the Rolls is an assistant to his Court. XLII In the Kings Bench and common place thâ— Judges are one Chief Justice and three and sometimeâ— more other Justices XLIII The Teste of their writ is Teste Johanâ— Popham the Chief Justice for the time being XLIV The Kings Bench is that which dealetâ— properly with pleas of the Crown XLV The Common place which dealeth properlâ— with Common Pleas. XLVI The King hath a proper Court of this kind for all things touching his Revenues called the Exchâ—quer XLVII The Judges whereof are called Barons being one chief Baron and three other XLVIII And this also hath a Court of Chancery before the Chancellor and Barons of the Exchequer called the Exchequer-chamber XLIX The escheator here is a speciall Officer anâ— hath a kinde of a Court for finding out the Kings titlâ— to lands tenements and other things L. Those Courts which deal but within some County are the Sheriffes Turn and the Coroners Court LI. The Sheriffes Turn is a Court of Record for offences which are common greivances LII Whereunto every man of the age of 12 yearâ— and upwards being within the Precinct oweth suit and must be there sworn to the Kings allegeance LIII But Peers of the Realm are excepted LIV. The offender here shall be amerced and distrained for that amerciament LV. The Coroners Court is a Court for matters of the Crown as Battery Mayhem Rape Murder c. LVI Upon just exception to the Sheriff processe out of the higher Courts shall be directed to the Coroners LVII The Steward and Marshall of the Kings house have a Court for all personal Actions and pleas of the Crown arising there LVIII By reason of certain Franchises grow two other Courts of Record which deal within some certain Precinct viz. a Leet and a Court of Pipowders LIX A Leet is a Court of Record having the saâ—e Jurisdiction within an hundred or some lesse precinct which the Sheriffs turn hath in the County the profit thereof being to a Common person LX A
outlawed for treason or felonie saving the right of others But note that this is altered for treason by 5. E. 6. 12. Rule 13. Magn. Cart 22 9. H. 3. The King shall have the land by a year and a day and then render it to the Lord of the fee Praerog Reg. 16. 17. E. 2. The King shall have the profits by a year and a day and also the wasting of the tenements by pulling down houses cutting down woods digging up meadowes c. Rule 18 Stat. 21. H. 8. 7. made perpetual by 5 El. 10. the servant that hath any goods or chattels delivered unto him to keep by his master and with an intent to steal doth either go away therewith or being in service imbeziles or converts the same to his own use shall be judged a thief if the value of the goods amount to 40 s. Howbeit this extendeth not to apprentices or persons within eight years of age Rule 21. Stat. 21. H. 8. 11. where a felon robbeth or taketh the money or goods of any and is thereof found guilty or otherwise attainted upon evidence given by the party himselfe or others by his procurment in thaâ— case the justices of G. D. or other justices before whom he is so found guilty or attainted have power to award a writ of restitution for the mony or goods so robbed or taken in like manner as if the felon were attainted at the suit of the partie in an appeal Rule 23. Stat. de Malefact in parcis 21. E. 1. It is no felony for Foresters c. to kill misdoers c. If they will not submit themselves Rule 25. Glocester 9. 6. E. 1. He that killeth a man by misadventure or se defendendo must put himselfe upon the Country and if he be found to have done it so the King if he please may pardon him Marlbr 25. 52. H. 3. To kill a man by misadventure shall be no murder CHAP. 21. Rule 3. STat. de proditionibus 25. E. 3 Stat. 5. s. It is high treason to kill the Chancellor Treasurer c. as in the second Rule of this Chapter Also to counterfeit currant money To bring false money into this Realm counterfeit according to the money of England knowing the same false to merchandize or make payment with it To counterfeit the great Seal or privy seal Stat. 1. Mar. Sess 1. 6 Seal-manuel privie signet or privy seal strange coine currant in this Realm Stat. 1. 2. P.M. 11. To bring wittingly false forein coine hether to the intent to utter it within the Realm Stat. 5. El. 11. To clip wash round or file any money of this Realm or currant here Howbeit this causeth forfeiture of land for life onely but no losse of Dower or blood corrupted Satt 18 El. 1. To impair diminish falsifie seal or lighten any money by any art wayes or means whatsoever Stat. 1. El. 1. 6. Stat. 13. El. 1. Treason to advance the Popes authority c. Stat. 33. H. 8 20. Attainder of high treason by 〈◊〉 course of the common Law or Statutes of this Reaâ—â— shall be of as great force as an attainder by Parlameâ—â— And the King shall have the real possession of eveâ—â— thing forfeited without inquisition or office saving strangers c. Stat. 29. El. 1. No record of attainder of treason shaâ—â— be reversed where the partie attainted is executed 〈◊〉 the same offence Stat. 20. H. 10. and 5. 6. E. 6. 11. Any offence 〈◊〉 treason hertofore committed out of the limits of 〈◊〉 Realm shall be inquired here by commission and 〈◊〉 proces used as if it he had been don within the Realâ— One Resiant out of the limits of the Realm may 〈◊〉 outlawed for high Treason An estate Tail shall be forfeit for high Treason CAAP. 22. Rule 2. 36 E. 3. 15. All pleas which be pleaded in â—ny of the Kings Courts c. or in the Courts of other Lords shall be pleaded shewed and defended answered debated and judged in the english tongue and entred and enrolled in Latine Rule 7 14. E. 3. 6. No processe shall be annulled 〈◊〉 discontinued by the Clerks mistaking in writing oâ—â—silable or letter too little or too much but shall be speedily amended without any advantage to the other Stat. 9 H. 5. 4. The justices before whom such pleas oâ— records be made or shall be depending may make such amendment as well after judgment as before so long as such record or processe shall continue before them Stat 4. H 6. 3. The Statute of 9. H. 5. 4. is made perpetuall provided it shall not extend to records or processes in Wales or whereby any person is outlawed Stat. 8. H. 6. 12. No judgment or record shall be reversed or annulled for error assigned by reason of the raising or interlining of any record processe warrant writ pannel or return or any addition subtraction or diminution of words letters titles or parcel of letâ—â—rs found in the same The Judges may reform all defects in any reeord processe word plea warrant writ pannel or return except appeals indictments of treason or felonie and the outlawries of the same and the substance of the proper names sirnames and addition left out in original writs exigents and in other writs of Proclamation contrary to the statute of 1 H. 5. 5. so as by such misprision of the Clerk no Judgment shall be reversed or annulled Variance alledged betwen a Record and the Certificat thereof shall be amended by the Judges Stat. 8 H. 6. 15. The Justices may amend the misprisions and defaults of Clerks of the Court or of Sheriffes and their Clerkes and of all other Officers whatsoever found before them in any record or processe or the return of the same by reason of writing one letter or syllable too much or too little except in records and processes within Wales and of felonies and treasons and the dependances of the same Stat. 27. El 5 After demurrer joyned and entred the same Court amended all imperfections defects and wants of forme other then those onely which the party demurring shall particularly expresse in his demurrer Howbeit his Act shall not extend to the proceedings in an appeal of fellony or murder or upon an Indictment presentment or penal Statute Rule 8. westm 2. 39. 13. E. 1. Damages given against the Sheriff if he return not at all or return a tarde upon writs delivered or offered to be delivered him by bill so upon returning a Mandavi Balivo libertatis falsly Upon any resistance of any great man to execute the Kings precepts the Sheriffe shall take the Posse â—â—mitatus and see it served See 2 E 3. 5. The Stat. of York 5. 12 E 2. Bailiffes of Franchises maâ— deliver their returnes of writs to the Sheriffs by Indeâ—ture and if he change the return the Lord of the â—â—berty and the party shall recover double damagâ—â— Sheriffs and Bailiffs shall set their proper names to 〈◊〉 returnes Stat. 27. El. 12 Every Under-Sheriff Bailiff of
seisin and damages and the plaintif shall be punished by Imprisonment at the discretion of the Iustices In like manner also shall the Iustices proceed in case the defendants proof is by deeds and releases for if the plaintif purchased the Assize contrary to his own deed he shall be punisht as aforesaid Stat. 7. R. 1. 10. An Assize of novel disseisin for 〈◊〉 issuing out of Lands in divers Counties shall be takeâ— in confinio comitatus as is used for Common of Pasâ—â—â— in one County appendant to tenements in another Stat. 1. H 4. 8. A speciall Assize is maintainable by the disseisee for such lands as are granted by the King patent without title first found by inquest for thâ— King without suit to be made to the King in that behalfe And if the pattentee pray in Aide of the King a procedendo shall also be granted without suit Here 〈◊〉 the Assize passe for the disseises he shall recover 〈◊〉 damages against the patentee Stat. H. 4. 8. If any make forcible entry into land by way of maintenance the Chancellor of England shall grant a special Assize without suing to the King and if the disseisor shall be attainted thereof he shaâ— suffer one whole yeares imprisonment and restorâ— double damages to the party grieved Stat. 21. H. 8. 3. The plaintif in Assize may abridgâ— his plaint of any part whereunto a bar is pleaded without prejudice to the residue Merton 3. 20. H. 3. A man disseised recovering his seisin by Assize of novel disseisin or confession of the party and having the same delivered him by the Sherif if he be again disseised of the same tenements by the same disseisor he shall have a writ of redisseisin to command the Sherif taking with him the Keeper of the pleas of the Crown and other Knights in proper person to go to the land c. and by the first Iurors or other lawfull men to make inquiry Howbeit this must not be without speciall commandment of the King The redisseisor shall be imprisoned Marlbr 8 52. H. 3 And not delivered without special command of the King and payment of a Fine Westm 2. 8. 13. E. 1. Writs of redisseisin must be inrolled in the Chancery and transcripts thereof shall be sent into the Exchequer Westm 2. 26. A writ of Redisseisin shall lie for them-that have recovered by default reddition or otherwise without recognition of assizes or Iuries The redisseisor shall answer double damages and not be reprevisable by common writ Rule 8. Westm 2. 24. 13. E. 1. Giveth an assize of nusance against him to whom the tenement is alienated after the nusance is made Stat. 6. R. 2. 3. The Plaintif if he will may have a writ of nusance in the nature of an Assise determinable before the Iustices or before the Iustices of Assize Rule 9. Magn. Cart. 12. Vide suprae Rule 2. Marlb 16. 52. H. 3. If the Lord will not render unto the heir the land when he comes to age without plea the heir shall recover his land by an Assize of Mortdancestor together with all his damages West 2. 4. 13 E. 1. If a woman haveing no right recover Dower against a Guardian the heir at full age shall have a Mortdancester aginst her Glocester 3. The heir shall have an Assize of Mortdancester if the tenant by eouttesie alien and leasâ— no Assets Glocester 6. All the heirs whereof one is Son oâ— Daughter Brother or Sister Nephew or Niece and the other in a further degree shall joyne in a Mortdancester Rule 10. Mag. Cart. 13. An Assize of Darrein presentment shall be alwayes taken before the Iustice of the Common place Rule 1â— Westm 2 24 13. E. 1. A writ of Juris utrâ—â— shall be granted to try whether free almes belong to one Church or another in case where they are transferred from one Church to another Rule 13. Stat. 31. H. 8 1. Iointenants and tenants in Common of an estate of Inheritance in their owne right or in the right of their wives in any Mannors Land c. may be compelled to make partition by writ de partitione facienda as Coparceners are compellable to do and afterwards shall have aid to deraigne the Warranty paramount and to recover pro rata as Coparceners after partition should Stat 32. H 8. 32. Iointenants and tenants in common that hold for life or years amongst themselves 〈◊〉 with others that have Inheritance or freehold in any Mannors lands c shall also be compelled to make partition by the said writ to be pursued upon their case Howbeit such partition shall not be prejudicial to any but the parties to such partition their executors and assignes CHAP. 31. Rule 3. STat. 9. E. 3. Stat. 1. 3. In a writ of debt brought against divers executors they shall have but one Essoine before appearance and another after appearance he or they that do first appeare in the Court at the grand distresse shall answer to the Plaintiffe and the plaintif if it passe for him shall have judgment and execution of the goods of the Testator against all named in the writ as well as if they had all pleaded Rule 7. Mag. Cart. 8. 9. H. 3. The pledges shall be free so long as the principal debtor is sufficient And they answering the debt shall have the lands and rents of the principall untill they be satisfied but note that this is meant of the Kings debtor Stat. 1 R. 2. 12. No Warden of the Fleet shall suffer any prisoner in execution to go out of prison by Mainprize Bail or Baston without making gree with the party unlesse by writ or other commandement of the King upon pain to lose his Office and the Creditor to have a writ of debt against him Stat. 23 H. 6. 10. Every Obligation taken by a Sheriff or his Ministers by colour of their office of any peâ—son in their Ward by course of Law shall be by the name of their office and upon condition that the prisoner appeared at the day and place mentioned in his Writ Bill or Warrant an Obligation in any other forme taken is void Stat. 32. H. 8 37. The Executors and Administrators of him that hath any rent or fee-farm in fee-simple fee-tail or for life shall have an Action of debt for the arrerages in the Testators life time against the tenants that should then have paid it or may distreine and make avowrie upon their matter in the lands so long as they remaine in the possession of the said tenant or of any claiming onely from him A husband seised of any such estate in any rent or fee-farm in his wives right shall after her death himself also his executors or administrators have the same remedy for arrerages due in her life So likewise of him his executors or administrators that hath a rent or fee-farme during anothers life and Cesty qui viâ— dye the same being unpaid Rule 9. Stat. 13. El. 4. The lands profits and hereditaments of
Writs of admeasurement both of Dower and Pasture after the great distresse proclamation shall be made two County dayes whereupon if the party come the plea shall proceed if not admeasurement shall be made in his default Westm 2. 8. 13. E 1. when the same party after admeasurement another time surchargeth the Common a writ to enquire of that second surcharge shall go 〈◊〉 either judiciall if the former admeasurement were before the Justices or otherwise Originall out of the Chancery and the beasts surcharging the Common or their value shall be answered to the King Rule 24 c. Marlbr 21. 52. H. 3. The Sheriff may replevin beasts not only without but within a liberty also if the bayliff of the liberty will not do it Westm 2. 2. 13. E. 1. The sheriff or bayliff shall take pledges of the plaintiff before they make deliverance of the beasts not only de prosequendo but for return in them if a return be adjudged he that taketh pledge otherwise shall answer the price of the beasts Upon a return awarded to the defendant the writ de returno habendo shall have this clause that the Sheriffe shall not deliver them without writ wherein mention shall be made of the Judgment and thereupon he may if he will hare a judicial writ to the Sheriffe to deliver him the beasts but if afterwards the Plaintiffe desire to replevie his Beasts again he shall have a Judiciall writ viz a writ of second deliverance that the Sheriffe taking surety for the suit also for the beasts to be returned or their price if return be awarded shall deliver the beasts before returned and the distrainor shall be attached to come before the justices at a certain day and if he that replevied make default or for some other cause return of the dissresse is awarded being now twice replevied the distresse shal afterwards remain irrepleviable Stat. 1. 2. P.M. 12. Every Sheriffe of a Shire being no City shall at his first County-day or within two moneths after receit of his patent proclaim in the shir-town four deputies at least dwelling not past 12 miles one from another which in his name shall make Replevins as the Sheriffe might do himselfe Rule 30 Stat. 2. E. 3. 3. Commissions of Oyer and Terminer shall be only granted to the Justices of the one Bench or other or to Justices errants CHAP. 36. Rule 1. STat de quo warranto 18. E. 1. Pleas of quo warranto shall from hencforth be pleaded and determined in the Circuits of the Justices See also Stat de quo warranto novum Rule 3 c. Stat. 36. E. Stat. 1. 13. No Escheator shall take enquests of office but indented between the Jurours and him otherwise they are void Stat. 33. H. 8. 22. No Escheator shall sit virtute officiâ— only to find an office of lands holden of the King of 5 l. value or above in pain of five pounds Stat. 8. H. 6. 16. No escheator shall take inquests bâ— of people impannelled by the Sheriff and those enquests must be returned within a month after the taking in pain of 20 l. so also of Commishoners Stat. 23. H 6. 17. An Escheator shall take an inquest virtute brevis within a month after the delivery of the writ unto him his fees are there also set down Stat. 1. H. 8 8. He shall not sit unlesse he have land c. to the clear yearly value of 40 marks in pain of 20 l. He shall not delay to take the Verdict when the Jury offers it in pain of 100 l. so also of Commissioners He shall not be Escheator again within three years after that year ended Stat. 36. E. 3. Stat. 1. 13. A traverse is given to the party whose lands are seized by office of alienation without licnece or the nonage of the heir in Ward It shall be sent to the Kings Bench to be tryed Stat. 69. E. 3. Stat. 1. 13. Upon a traverse of monstrâ—â— de dron the Chancellor may let him that tenders it the lands holden to farm finding surety to do to waste Stat. 8. H. 6. 19. They shall not be let to farm till the inquests returned nor within a month after withoâ—â— which time the party grieved may have the benefit oâ— the former statute All Letters Patents within the moneth shall be void Stat. 18. H. 6. 6. All Letters patents made of lands oâ— tenements before office found and returned shall bâ— vo d. Stat 1. H. 8. 8. Divers good provisions concerning â—â—cheators Commissioners Jurors and Offices and thâ— manner of returning offices into the petty bagg Stat. 1. H. 8. 10. Lands soiled into the Kings hand by office shall be let to farm to him that tendred to traverse the same within three moneths after such office found notwithstanding the Statute of 8 H. 6. 16. Stat. 2 3. E. The estates and interests of others shall be saved though they be not found in the office where an heir of full age is found within age he shall have a writ de aetate probanda and may proceed to sue out his livery or ouster le main as his case is and receives the profits of his lands notwithstanding such office found Where after the Kings tenants death more hiers then one are found or if one be untruly found a Lunatick Ideot or dead the party grieved may have his traverse as in other cases of untrue Inquisitions A Traverse of Monstrans de droit is given without peition though the King be titled by double matter of Record When the Jury finds de quo vel de quibus Ignorant or per quae servitia ignorant the first shall not make a tenure of the King nor the last tenure in Caâ—ite but in such cases a Melius inquirendum shall issue forth traverse given to an ofice where a wrong tenure is found the rents of mean Lords shall be paid during the nonage of the Ward by the officer that receives the revenue of the Wards lands Artic de super cart 19. 68 E. 1. When the Sheriffe or Escheator seize land into the Kings hand without cause upon ousting of the Kings hands the party shall have the mesne issues Stat. de Escheatoribus 29 E. 4. 3. If the Escheator by writ out of the chancery seize land into the kings hand and after upon Inquisition no title is found for the king to have the Custodie an ouster le main shall be awarded for the party out of the Chancery Provided that if any thing afterwards may be found in the Chancery Exchequer or K. Bench for the King a scire facias shalâ— go out against the party and if the King have right 〈◊〉 shall be answered of all the issues from the time of thâ— Escheators first seisiing of the land Stat. 23. H. 6. 17. In a scire facias upon a traversâ— against any Patentee no protection shall be allowed Rule 11. Stat. 28. E. 3. 4 The rents given to theâ— that sue livery when the rent day
a writ of Dower and no Essoyn or protection allowable By the death of the party or one of the petty Jury the attaint shall not abate nor be deferred against the rest as long as two of the petty Jury shall live Every attaint shall be in the Kings Bench or Common place and the Nisi-prius granted upon the distresse by the discretion of the Justices Every of the petty Jury may appear and answer by attourney The Non-suit or release of one when their be diverse plaintiffs or defendants in an Attaint shall not prejudice Every one of the grand Jury must have 20 Marks apeice Land of freehold out of ancient demesne but if the value of the thing in suit be under the value of 40 l. then 5 Marks a year or 100 Marks worth of goods sufficeth For default of such sufficient Jurors within the same County a Tales shal be awarded unto the next Stat. 11. E. 6. 4. The plaintiffe shall recover Costs and Damages against the Juror or defendant that pleads a feigned plea in delay FINIS A SUMMARY OF THE COMMON LAW OF ENGLAND As it stood in force before it was altered by Statute or Acts of PARLIAMENT Extracted for the most part out of the French and English Copies of Sir HENRY FINCH Kt. his Learned Treatise of the LAW And digested into certain Tablets for the help and delight o such Students as affect METHOD By E. W. Methodus Memoriae Dux Fulcrum LONDON Printed Anno Salutis 1655. AN ADVERTISEMENT TO THE READER THE Science of the Common Law of England hath not onely been in former times but even at this day is accounted so Abstruse Intricate that it hath alwayes seemed an Impossibility to reduce it to method Howbeit our learned Author in his Treatise of the Law hath not only clothed it with a Logical method but with such an exact one as may be parallel'd with if not extolled above that of Wollebius for Theologie Ramus for Geometry Keekerman Alstedius and other modern Writers for Logick Ethicks Physicks politicks Mathematiques c. So as the Student having treasured up in his memory the Common places of Law held forth in these Tables together with their coherence and dependance one upon another may be thereby furnished in all the general necessary titles of Law whereunto he may aptly refer any Case he meets with especially having also before hand by perusing the Treatise at large acquainted himselfe with the Definitions Distributions affections Rules and Examples respectively belonging to ea h severall Title whereby he may more perfectly understand the nature of them Besides if the Text be not read with these Tablets he will meet with divers things in them which are now abrogated by Statute and so not law at this day as Sanctuaries which are now annulled by 21. Jac. 28. diverse Offences before Petty Treason now by statute made high Treason and the like All which is left to his industry and discretion the Scope and design of this Summary being only to shew him the Harmonicall frame of the Original common law before it was altered by statute Acts of Parliament and other Constitutions of State according to the caution before in the Title Page premised TABLE 1. Of the Common Law of England observe 1. The Circumstances viz. The Place where it is used viz. throughout the Realm of England divided into Counties Hundreds and Towns within which there are divers usage differing from the common Law called Customs The persons who are to use it and they are to be considered As one entire Body The King His Subjects Barons Commons As particular Persons Naturall persons as every man Bodies Politique At the Com. Law The King alone and by himself considered The Rector of a Church or Parson Grown of latter time Temporal as Major and Communalty c. Spirituall Regular as Abbot and Covent c. Secular as Bishop and Chapter c. 2. The parts See Tab 2. 3. The common Affection viz. action Tab. 2◠TABLE 2. The parts of the Common Law are two The One concerns Possessions whereof consider The General affections 1. To Possessions this is generall that they may pass by Grant Exchange Prescription 2. Sundry men possessing the same thing by purchase are Joynt Tenants who possesse by the same Title Tenants in common who possesse by severall Titles 3. A possession is either Restrictive upon Limitation which ceaseth upon doing or not doing of something Condition which is only defeasable upon the doing or not doing of something Absolute which is neither upon limitation or condition 4 Tab 3. The Species or severall kinds Tab. 4. The other the punishment of offence Tab. 12. TABLE 3. 4. Possessions are either in Possession viz. such as one doth enjoy Action touching which consider 1. How it ariseth that is in respect of a Right when wrong was done before Title when no wrong was done 2. The Rules which concern it 1. A thing in action cānot be granted but to him in possession that by Release which is the passing of the Grantors Interest Confirmation which is the ratifying of the Grantees possessions 2. The grant of a thing in action and of such things in possession as cannot pass by livery of the hand must be by Deed viz. Deed Pol which is the only deed of the Grantor Indenture which is the mutuall deed of both and makes an Estopel to both parties TABLE 4. The severall kinds of Possessions so a Pos is An Hereditament wherof consider The severall Estates viz. Particular viz. Uncertain At sufferance when after lawfull occupation he continueth possession without Authority At will According to the custom as a Copyholder At pleasure as a bare Tenant at will Certain which is also called a Term wherof consider The dependants Remainder which is the residue of an Estate at the same time appointed over Reversion which is the residue of an estate not at the same time appointed over These pass with Attornment The severall kinds For years For life In Deed after actual Seisin In Law before Entry For his own life For anothers life and these are Freehold Inheritance Tab. 5. The severall kinds Tab. 6. Chattel Tab. 11. TABLE 5. Inheritance whereof consider The estate called fee-simple which is Conditionall when an Hereditament is limitted to the heires of the body hither Frank-marriage may bee referred Absolute which is a Fee-simple to one and his heirs whatsoever The Incidents Dower whereby a woman hath the thirds in severalty Tenancy by the courtesie of England The diverse manners of possessing it viz. in Deed. Law TABLE 6. The severall kinds of an Hereditament and so it is Common as A Tenemēt which is a possession holden it is Land which is a Tenement in manuall occupation and here prescription hath no place An Advowson which is the Interest of presenting to a Church A bare Hereditament Tab. 7. Prerogative Tab. 10. TABLE 7 A bare Hereditament which concerns Land and so it is