perform the covenants of an Indenture the Defendant alledges them performed specially and one Covenant was that J S should pay to the Plaintiffe 10 l. and he said that he offered it to him and the Plaintiffe refused by Fitzh and Shelley he need not say yet ready 27 H. 8. fol. 1. Debt upon an obligation The Defendant saith that it is endorced upon condition that if the Prior of W. made an obligation to the Plaintiffe before such a day that then c. And saith that the Prior tendered that to the Plaintiffe and he refused it and shall nor say yet ready for it is a thing out of his power and to be made by a stranger 10 H 6. fol 17. If a man be bound in 20 l. and the condition is to pay 10 l. if the Defendant plead in debt upon the obligation that he tendred the 10 l. at the day and the Plaintiffe refused it yet he shall say yet ready But if the condition were that J. S should pay at the day to the Plaintiffe and the Plaintiffe refuse he shall not say yet ready 14 H. 6. fol 24. Debt upon an obligation of 10 l. the Defendant pleads that after by Indenture of defesance the Plaintiffe granted that if the Defendant paied unto him 20 s. such a day that then the obligation should be void and saith that he tendred to him the 20 s. at the day and he refused it and by Prisot he shall not say yet ready 33 H. 6. fol 2. Debt upon an obligation the condition to pay a lesse sum this lesse sum is parcell of the sum in the obligation and for that the Defendant shall say yet ready but otherwise it is where the condition is to stand to the award or other collatteral matter there the Defendant shall not say yet ready 20 Ed 4. fol 2. The Court Roll. THe Court Baron of W. T. Prebend of Islington Gentleman Farmer of R. F. Clark Prebend of the preben dary aforesaid there to be held the Tuesday that is the 6 day of May the year of the Reign of our Soveraign Lady Elizabeth by the grace of God Queen of England France and Ireland defender of the faith the â—oth L. H. by W. I. essoyned of Common Essoyne Homagers Jury J. H J. P T. G R. M R. H R. E T. L R. W R. B W. R T. W. First they say upon their Oath Default of the Freeholders W. A 4d J. H 4d and R. B 4d are Freeholders of this Mannour and owe suit to the Court and at this day have made default Therefore every of them in the mercy as it appears upon their heads Also they say upon this Oath Des Tenants by Copie of the Rolâ— that W. J. 2d and J. R. 2d are Tenants by the Copy of the Rolls of this Court and owe Suit to the Court and at this day made default therefore either of them in the mercy as it appears above upon their heads Also they present that W. J. which held of the Lord freely one house Death and 30 acres of Meddow and Pasture with the appurtenances within this Lordship by fealty suite of Court and by the yearly Rent of 6 d. dyed of such an estate so seized and that R. J. is son and next heir of the aforesaid W. J. and is of the Age of 10 years and came to Court the aforesaid W. J. and payeth to the Lord for releif â—â—d and made his fealty Also they say upon their Oath Alienation that G. B. which of the Lord held freely one Cottage one Orchard and 6 acres of mâ—ddow with the appurtenances by his deed indented bearing date the 6th day of January the year of the reign of the said Queen gave granted bargained and sold all and sing â—lar the premises aforesaid with their appurtenances to R. K. of c. to have and to hold all and singular the premises aforesaid with their appurtenances aforesaid to the said R. K. his heirs and Assignes of the chief Lords of the fee by the Rents Services and customes there first due and of right accustomed and the premises doth hold of the Lord of this Mannor by fealty Suite of Court by the yearly Rent of 12 d. And at this Conrt the said R. K. made to the Lord his fealty Also they say upon their Oath Legacie that W. A. which held of the Lord freely one house or tenement â— and 20 Acres of Land called H. by fealty suite of Court and by the yearly rent of 6 d. dyed thereof seised And by his last Will made in Writing bearing date the 28th of September the year of the Reign of the aforesaid Queen the 19th bequeathed the house or Tenement and the aforesaid 20 Acres of land to certain R. A. and T. A. his sons by the name of all his Lands Tenements and Hereditaments Scituate Lying and being in J. aforesaid to have and to hold the aforesaid messuage or tenement c. And the aforesaid 20 Acres of Land to the said R. A. and T. A. their Heirs and Assignes for ever to the poper use and behoof of R. and T. their Heirs and Assignes for ever Therefore it is commanded to the Bayliffe that he should distrain the aforesaid R. A. and T. A. according to the form of the Statute in that case provided to pay his Releif and likewise let them be distrained to make their fealty Surrender Also they say upon their Oath that R. R. customary tenant of this Mannor out of the Court surrendered into the hands of the Lord by the hands of W. T. and R. M. two customary tenants of this Mannor according to the custome of this Mannor All that messuage and 30 acres of meddow feeding and Pasture with the appurtenances late in the tenure or occupation of R. B. to the use and behoof of R. R. for tearm of his naturall life after the decease of the said R. R. then to the use and behoof of T. B. and the heirs of the body of the said T. lawfully begotten and for defect of such issue of the body of the said T. B. lawfully begotten the remainder thereof to J. J. the son of R. J. of J aforesaid Gentleman his heirs and assignes for ever and they say that the aforesaid R. dyed and now at this Court aforesaid T. B. came and requested to be admitted to all and singular the premises aforesaid and at this Court the Lord by J. K. his steward granted him seisin thereof by the rod to have and to hold to the said T. B. and the heirs of his body lawfully begotten and for defect of such issue the remainder to the use and behoof of the said J. J. and his heirs for ever and the aforesaid T. B. gave to the Lord a fine 4 pound and made to the Lord his fealty and is admitted tenant thereof To this Court it is witnessed by W. T. steward Surrender taken by the
Sheriff seeing them selleth them and delivereth the Money taken for them to the Town to answer for it it is good and yet it is contrary to the words of the Statute but it standeth with reason 45. H. 6.32 If the Kings Goods be Wreckt and not claimed within a yeare and a day yet the King shall have them otherwise it is a common person Then there are diverse other matters which follow of which you may inquire by expresse words in the Statutes as of the Statute of Apparrell and other Statutes ensuing In the yeare 24. H. 8. Chap. 13. Rastal Apparrell the fifth If one hath not in Land a hundred pound he cannot use Velvet in Jackets If one hath not in Land a hundred pound he cannot use Velvet in Dublets If one hath not in Land a hundred pound he cannot use Velvet in Purses Damaske Silke Chamlet Taffaty in Gownes Damaske Silke Chamlet Taffaty in Coats Damaske Silke Chamlet Taffaty in Outtermost Garments Forty pound cannot use Chamlet nor Silke in Gownes Forty pound cannot use Chamlet nor Silke in Outtermost Garments No Velvet in Jackets No Velvet in Jerkins No Velvet in Caps Nor any Silke but Satten in Dublets Damaske in Dublets Taffatie in Dublets Sarsnet in Dublets Sarsnet in Facing their Gownes Chamlet in Facing their Gownes Taffaty in Facing their Gownes Twenty pound no Silke in Gownes Twenty pound no Silke in Cloaks Twenty pound no Silke in Hose c. No Satten Damaske Taffaty Sarsnet in Dublets No Satten Damaske Taffaty Sarsnet in Coyfes But they may weare Chamlet in Jackets Five pound cannot use any Silke in Dublets Five pound cannot use any Silke in Jackets Five pound cannot use any Silke in Gownes Five pound cannot use any Silke in Cloakes But Chamlet in Dublets But Chamlet in Jackets Furres NOne under the degree of an Earle may use Sables Forty pound cannot use Foynes Forty pound cannot use Jennets gray Forty pound cannot use Martins Forty pound cannot use Squirrell Forty pound cannot use Fox Forty pound cannot use Grey Cony Hare Or other Furr growing within this Realme Cony Hare Or other Furr growing within this Wales Cony Hare Or other Furr growing within this Ireland Twenty pound Black Cony Twenty pound Budge Under twenty pound Gray Cony Under twenty pound Black Lambe Under twenty pound White lambe Chaines of Gold NOne under the degree of a Knight may use any Coller of S S. None may use a Chaine of lesse weight then ten Ounces of Gold Forty pound may use Aglets Buttons Brooches Those persons which are excepted in these Statutes Queens Counsell Barons of the Exchequer Serjeants at Law Apprentices at Law Phisitions of the King Maiors Recorders Master or Wardens which are or have used this roome These may use as before the making of the Statute they have used Forfeiture THE thing used against the Statute is three shillings foure pence a day The Statute is in his Garment In is taken here for In or Upon his Garment Yeare the first and second of Philip and Mary no person borne within the Dominions of the King other then the Son and Heire of a Knight or above that degree or which might expend twenty pound yearely or was worth two hundred pound in Goods Should use Silke in Hatt Bonet Night-Cap Girdle Scabbard Hose Shooes Spur-Leathers The forfeiture is for every day ten pound If any man keep Servants which offend in these premises and doe not put him out of his service within fourteen dayes after that he hath notice of it or if he put him out of his service and afterward retaine him againe within a yeare he shall forfeit a hundred pound Artificers IF any Butcher Brachetour Baker Poulter Cooke 2 Edw. 6. chap. 15. Tipler c. conspire covenant promise or make any oath not to sell Victuall but at certaine prices Or if a Workeman or Laborer conspire not to worke but at certaine prices or not to finish that which another hath begun or that they will not do but certain labour in a day or not labour but certain time of the day it is inqiurable The forfeiture for the first offence ten pound and twenty dayes Imprisonment with Bread and Water the second offence double Archers IN the yeare 33. H. 8. chap. 9. Every man being the Kings Subject under the age of forty years not lame nor having any Impediment ought to shoote in a long Bow and shall have a Bow and Arrowes as it followeth that is to say Every Man Childe in a house of the age of seven yeares to seventeen yeares shall have a Bow and two Arrowes and at seventeen yeares to forty a Bow and foure Arrowes none under the age of twenty foure ought to shoote at Prickes nor at twelve score or above with Shaft or Flight The forfeiture is six shillings eight pence for every three Months wanting these Bowes and Arrowes The Master or Father ought to provide for these of seven to seventeen otherwise be shall pay the forfeiture and every Servant taking wages of seventeen or upwards shall pay the forfeiture The forfeiture for such shooting at Pricks is four pence the shoot and at eleven score and under as above six shillings eight pence the shoot by the same Statute Butts shall be made in every Town upon payne of forfeiture for every three Months for default of them twenty-shillings Crosse-bowes and Hand-guns NOne may shoot in any Handgun 33 H. 8. chap. 6. Demihake Hagbot ot Crossebow or keep it in his house to that intent nor otherwise unlesse he may dispend a hundred pound upon paine to loose for every time ten pound Every person that will shoot or carry use or have in his House or other place any Hand-gun other then such a one which shall be in the Stock and Gun of the length of a yard or any Hagbut or Demy-hake other then such as shall be in the Stock and Gun of the length of three quarters of a yard shall forfeit ten pound And every person having Lands Fees Annuities or Offices of the yearely value of a hundred pound may seise and take their Gunns aforesaid and also every Crosse-bow of any person not having Lands Fees or Offices to the value of a hundred pound a yeare None unlesse he have a hundred pounds by the yeare may carry in the high waies in his Journey any Crosse-bow bent or Gun charged unlesse it be in time of Service of War upon paine of ten pound Every one which shooteth in a Handgun Demihake or Hagbut in a City or market Town or within one quarter of a mile of them shall forfeit ten pound for every shoot If a Master command his Servant to shoot in a Hand-gun Demihake Hagbut or Crosse-bow at a Deere Foule or other thing unlesse it be at a Banke or Butt of earth or in time of War shall forfeit ten pound But there is a Proviso that Gentlemen Yeomen and Servingmen of every Lord spirituall and temporall and of Knights Esquires and Gentlemen
Book of Assises 10. Escheats Where it shall Escheat and not discend and where not And for that in the same second Article is also inquirable what advantage the Lord may have by the death of his Tenant that is to say Ward or Escheat Now let us see what is impediment by attainder and otherwise that the Issue of the Lands in Fee cannot be heire by discent not that his Father and Mother were marryed and where the Lord shall have that by Escheat and where not IF an Infant of the Age of seven or eight yeares marry a Wife and his Wife have Issue within one yeare or two after marriage this Issue shall not be his heire and if he have no other heire generall or speciall the Land shall Escheat 38 Book of Assises 24. If the Father being an Alien hath a Son and after the Father is made Denizen and after hath another Son and after purchase Lands and dyes the youngest Son is heire and if he dye without Issue the Lord shall have the Land by Escheat and not the eldest Son for he is an Alien Doctor and Student fol. 12. The eldest Son is attaint of Felony in the life time of his Father and is hanged the Father dyes the youngest Son shall inherite and it shall not Escheat But if the eldest Son be attaint in the life time of his Father and survive the Father the Land shall Escheat 20 Booke of Assises 2.46 Ed. 3. tit Discent 6.49 Ed. 3. fol. 11. 31 Ed. 1. tit 17. accordingly If the Son be attaint of Felony or Treason and after is pardoned and after that his Father dyes seised of land the Lord shall have that by Escheat rather then the Son 13 H. 4. fol. 8.1 E. 3. lit 15. accordingly See before that Doctor and Student fol. 25. Where the Husband is attaint of Felony and purchase his pardon and after dyes his Wife shall not be endowed of Land which he had before the attainder but it ought to Escheat but of those which he purchases after shee shall have Dower and shall not Escheat Littleton fol. 11. If the Husband seised of Land commit Felony and after alien and after is attaint the Wife shall have Dower against the Feoffee but otherwise it is if it were Escheated Nat. bre fol. 7. If the Son be outlawed of Felony in the life time of his Father and hath a pardon and after the Father dyes seised of Land the Son shall not have these Lands but the Lord by Escheat though he hath diverse Sons 31 E. 1. tit 17.11 H. 4. fol. 11. 22 H. 6. fol. 38. The Father outlawed of Felony purchaseth a pardon and after purchaseth Lands the Son hee had before the Felony may inherite them and the Lord shall not have them by Escheat 9 H. 5. fol. 9. If one dye Tenant to the Lord without heire generall or speciall as if the Tenant be disseised and dyes without heire generall or speciall the Lord shall have the Escheat of this Land though he did not dye seised for that that he dyed Tenant 2 H. 4. fol. 9. 7 H. 4. fol. 18. accordingly 32 H. 6. fol. 31.36 H. 6. fol. 1.6 H. 4. fol. 5. the same And Nat. bre fol. 103. the same Where an Alien purchases the King may seise 11 H. 4. fol. 25. 14 H. 4. fol. 20. accordingly And if a Denizen purchase and dye without Issue born within the obedience of the Queen this Land shall Escheat to the Lord. If an English Tenant marry an Alien she is forthwith upon the marriage of the Kings allegiance and their Issue shall inherite and it shall not Escheat Abridgement of the Book of Assises fol. 39. Where there is Lord and Tenant and the Tenant grants Rent charge and dyes without heire generall or speciall the Lord shall have the Land by Escheat Rastall Escheat 15. but hee shall hold it charged 3 Book of Ass 1. The same Law is of the Kings Tenant which grants Rent and dyes c. and his heire in Ward by the Statute 2 3 E. 6. chap. 8. Lord and Tenant the Tenant is disseised and the disseisor dyes seised and the disseisee dyes without heire the Lord shall not have that as by Escheat for I intend hee dyes not in his Homage 32 H. 6. fol. 31. B. Lord and Tenant the Tenant lets for life and dyes without heire though he dyed not seised the Lord shall have Escheat 2 H. 4. fol. 9. If one be attaint of high Treason the King shall have Escheat of whomsoever he hold notwithstanding if it be of petty Treason the Lord shall have the Escheate 22 Book of Ass 49. If the Tenant be beheaded for Felony the Lord shall have Escheat and shall say for which he was hanged Natura brevium fol. 100. 8 E. 3. in the Register f. 165. accordingly If my Tenant within age alien to one in Fee and within age dye without heire the Lord may enter by Escheat 16 E. 3. tit Statham fol. 84.3 E. 3. Journey to North See 6 H. 4. fol. 3. North that he cannot enter but he may have Escheat It seemes that the Lord cannot enter by Escheat where his Tenants entry is taken away as if the Husband discontinue the Lands of his Wife and the VVife dyes without heire the Lord cannot enter by Escheat 32 H. 6 fol. 27. by Littleton If a man goe over the Sea without license and there takes a Wife and there by her hath Issue if the Issue survive his Father the Land of the Father shall Escheat 22 H. 6. fol. 38. by Newton 1 R. 3. fol. 3. by Hussey He which is borne beyond the Sea and his Father and Mother were English that their Issue shall inherite by the common Law but by the Statute aforesaid it is cleer The same Law is where an Alien borne purchase lands of the King before he be made Denizen or if hee be a Denizen and purchase Lands and dyes without heire borne under the obedience of the King there the King shall have that Land as Perquisite in manner as Escheat Where the Tenant hath an Estate in fee and dyes without heire generall or speciall his Land shall Escheat to his Lord Fitzh 143. T. 32 H. 6. fol. 31. The Lord cannot enter but where his Tenant might enter and for that if the Husband and the Wife discontinue and the Wife dyes without heire the Lord cannot enter by Escheate And if the Tenant be disseised and the Disseiser dyeth seised and his heire enter and after the Disseisee dyes without heire the Lord cannot enter 37 H. 6. fol. 1. It seemes by Fortescue that the Lord shall have Escheat or Ward though his Tenant did not dye seised 2 H. 4. fol. 9. The Lord shall have a Writ of Escheat though his tenant dyed not seised for if he dye his tenant that sufficeth If my tenant lets for life and dyes without heire he doth not dye seised and yet the Lord shall have the
Guardian hold over the Heir at full age shall have a Mortdancester Fitzh fol 196. E. F. Mordancester doth not lye upon Lands devisable by Will and it is reason for it is true that the Ancester was seised the day that he dyed and that he dyed seised and the Tenant is Heir in apparence Fitzh fol 196. I. 4 Ed 2. Fitzh Mordancester 39. It is a good bar to plead devise of the same Ancester and so it seems where there is a devise now by the Statute of Wills Abridg Book of Assises fol 120. 32 H. 8. Chap. 2. One Coparcener shall not have a Mortdancester against another where their Ancester dyed seised and one enters in all and holds out his companion but nuper obiit and if the Ancester dye seised of an estate tail and one enter and deforce the other he shall have a Formedon and not a Mortdaneester Fitzh fol 196. L. Mortmain For that that by the 9th Article it is inquirable of Mortmain to the intent that none shall give in Mortmain but that the Lord may make his claim within the time limited in the Statute Let us therefore see what is an alienation in Mortmain and what not IF Villain of an Abbot or of a Corporation purchase and the Abbot or the Corporation enters this is in Mortmain and the Lord may enter within the yeer 41 Ed 3. fol 16. Fitzh 224. B. Contrary of Land which discends to a Villain 41 Ed 3.21 and 48 Ed. 3.27 If a Feoffment be made to the use of an Abbot or a Corporation this is Mortmain and within the Statute that the Lord may enter 8 H. 4. fol 16. Br 11. If an Abbot Mayor and Commonalty Dean and Chapter or other Corporation alien to another Corporation or Abbot without license this is Mortmain Fitzh 212. D. The same Law if one exchange with an Abbot or Corporation this is Mortmain and the Lord may enter Fitzh fol 223. E. Lord Dean and Chapter or other Corporation are Tenants and the Lord releases to Dean and Chapter or to the Corporation his Rent without license this is Mortmain But if he be licensed of the King and of the cheif Lord and Ad quod damnum be sued or in the license of the King this clause be that is to say without any Writ of ad quod damnum then the Mortmain is not to be inquired in no case where such license is used for that is dispensation that the King nor the Lord cannot enter for Mortmain But if the Lord with license in this case aforesaid be Tenant in tail or for life and dyes I think it is there inquirable Fitzh fol 222. D. and 223. I. But if the King grants to a Corporation liberty to purchase Lands and Tenements to the clear yearly value of 40 li. provided that it be not held in cheif as divers Grants are If such a Corporation purchase Lands and Tenements held of the King as of his Mannours of East Greenwich Depford otherwise West Greenwich Sayes Court Lewsham fee or held of the Queen as of her other Mannors there it is not inquirable of Mortmain but it is to be enquired in the Leet if they have purchased any Lands held in chief or over such a value in the Grant And also it is to be inquired in Court Baron for the Lord. If any Corporation have purchased any Lands or Tenements held of the Lords Mannor notwithwanding the Grant and license of the King aforesaid for this shall not be to dispence against the Lord for Mortmain Where anuity is granted to a Parson or a Vicar of a Church or to a Prior or an Abbot by any tenant It is no Mortmain to be inquired for in anuity if they recover collusion shall not be inquired for that doth but charge the Parson of the grantor and not the freehold 10 Ed. 4. fol. 6.34 H. 6. fol 37.3 Ed. 4.14 33. H. 6.27.20 H. 6.7 and 17. Ed. 3.5 But if any Tenant of the Lord grant by deed out of his Land any rent charge with clause of distresse to any corporation that is Mortmain and inquirable The same Law is If any tenant will that a Corporation shall have to them and their successors a rent charge issuing out of his Land and will not that his Parson be charged in any manner by Writ of an uity but hath in the end of his Deed provided alwaies that this present writing nor any thing in that specified shall in no wife extend to charge my person by Writ or Action of anuitie but onely to charge my Lands and Tenements of the yearly Rent aforesaid This is Mortmain and inquirable The same Law is if any Tenant of the Lord grant by Deed that if the Dean and Chapter Mayor and Commonalty and their successors be not yearly paid at the feast of Christmas 20 s. that then it shall be lawfull for them to distrain for the same in the manner of D. this is Mortmain and inquirable Littl fol. 30. proves this a good Grant See Fitzh 224 G. But where personall things are given to a Corporation as Horse Cow Ox Sheep hoggs or other goods there in this case Mortmain is not to be inquired for these so given are not within the statute 10. H. 7. fol. 3. If a Bishop or an Abbot appropriate to themselves an Advowson held of a Lord of which they are seised in Fee without License that is Mortmain and inquirable Eitzh fol 223. H. and 5 H 7. fol 37. saith that an Advowson lyeth in tenure 40 Ed 3. fol 44. accordingly If a Fishing held of the Lord be granted by the Tenant to a Bishop and his Successors or to a Dean and Chapter and their Successors this is Mortmain and inquirable 40 Ed. 3. fol 44. proves that it lyes in tenure The Statute of Religious fol 79. is That no Religious or other whatsoever shall presume to buy or sell any Lands or Tenements either under colour of gift or tearm or by reason of any Title whatsoever or by any means whatsoever art or wit presume to appropriate them to him under the penalty of forfeiting the same by which the Lands or Tenements may come into Mortmain by any means And the Statute gives liberty to the next Lord if he come within the yeer to enter and if he be negligent and do not enter then the next Lord within half a yeer and if not then the King after the yeer and half may enter And it is inquirable in the Court Baron for the benefit of the Lord that he may enter within the yeer and if the Lord be negligent and do not take his time limited by the Stature then the King may enter and that is inquirable in Leet for the King 25 H. 8. tit 37. Lord and Tenant the Tenant lets for life to I. S. the remainder to an Abbot and his Successors the Lord need not make claim till the Tenant for life be dead for if he will waive the Remainder it is
good 8 H. 6 fol. 34 Trespasse of Grasse cut the Defendant saith that the place where c. was the Free-hold of his Master by which by his commandement he entered and made the Trespasse the Plaintiff saith of his own wrong without such cause and is good but if the Master himself had been party and had pleaded his Free-hold of his own wrong c. had been no Plea 28 Ed. 3. fol. 58. Trespasse of goods taken the defendant justifies by the commandement of his Master for that that the Plaintiffe is his Villain the Plaintif saith of his own wrong and is no Plea without answering to the Villainage 10 H. 6. f. 3. Trespasse of two Horses taken the defendant saith that he let to the Plaintif Land rendring the Rent of twenty Shillings and for this Rent behind he entered and took the horses and the Plaintif saith of his own wrong without such cause and by Cotesmore it is no Plea but he ought to answer to the speciall matter as to say of his own wrong without that that any Rent was behind 21 Ed. 4. f. 64. 42 Ed. 3. f. 2. Trespasse for chasing in his free Chase the defendant pleads license of the Plaintif to hunt there the Plaintif saith of his own wrong without such cause Inquire of this Issue 16 H. 7. fol. 3. Trespasse of goods taken where the defendant conveys his title from the Plaintif there the Plaintif by replication may say of his own wrong without such cause 9 Ed. 4. fol. 41. the same 9 Ed. 4. fol. 43. Trespasse of a bag with money the defendant saith that the Plaintif was indebted to him in a certain summe and delivered that unto him to content him the Plaintif saith of his own wrong without such cause and it is no Plea for that that he conveys from the Plaintif himself 10 H. 6. fol. 9. Trespasse for entring into his Pigeon-house and taking of Pigeons the defendant pleads that the Plaintif gave him leave to take them the plaintif may say of his own wrong without that he gave him leave 20 Ed. 4. fol. 4. 21 Ed. 4. fol. 76. Where the defendant conveys from the Plaintiffe or his Ancestor or that it is his Freehold these shall be answered and there of his own wrong without such cause generall is no good replication 44 Ed. 3. f. 13. Trespasse the defendant justifies for Harriot the Plaintiffe saith of his own wrong without such cause the Issue was taken upon that 38 Ed. 3. fol. 7. the same 44 Ed. 3. fol. 18. Trespasse the defendant justifies for that that the Plaintiffe was in VVard to the Prince and he seised him and granted the VVard to him by which he entered and occupied the Plaintiffe saith of his own wrong without such cause and it is no Plea by the Court but he ought to answer to the speciall matter by which the Issue was taken that he held in Socage and not in Knights Service See 22 Book of Assises 56. 41. Book of Assises 21. and 12 Ed. 4. fol. 10. 14 H. 4. fol. 32. Trespasse of his Servant taken the defendant justifies for that the father of him which is said to be Servant held of J.S. in Knights Service and that he died and the Land discended to the Infant called Servant being within age and that the defendant by the commandement of the said J.S. seised him the plaintif saith of his own wrong without such cause and by Cheney and Hull for that that the defendant hath alledged speciall matter that is Tenure in Knights Service the plaintif ought to answer to the speciall matter and this is no plea See 22 Book of Assises 85. 33 H. 6. fol. 29 Trespasse where the defendant justifies by the Kings patent of of his own wrong c. is no plea. 9 Ed. 4. fol. 22. Trespasse where the defendant justifies by wreck by prescription the plaintif saith of his own wrong without that that it was a wreck and good 5 H. 7. fol. 9. Trespasse the defendant justifies by custome of foldage by prescription of all Sheep which pasture in such a Common the plaintif there saith of his own wrong without such cause Where a double Plea shall not be suffered and where it shall PRior brought a Quare impedit and counts that his predecessor was seised and presented and the King seised his temporalties because of VVarre and presented and now it is void and it belongeth to him to present and it is not double 40 Ed. 3. f. 10. But in Quare impedit and counts of divers presentments in his Ancestors this is double 1 H. 5. fol. 1. Quare Impedit by Tenant in Tail and alledgeth a Presentment in the Donor and another in the Donee this is not double for the Gift is traversable but if he alleadge Presentment in the Feoffor and another in the Feoffee this is double 4 Ed. 4. f. 3 Debt against Executors to plead fully administred and so nothing in their hands is not double for one Answer makes an end of all that is that they have Assets 3 H. 6. f. 3 Debt upon Obligation and pleads Payment and Delivery of the Obligation in place of an Acquittance it is not double for one Answer shall be for all 1 H. 7. fol. 15 and also it is no Plea Trespasse the Defendant pleads Gift in Tail and divers Discents and it is not double for the Gift is onely traversable 19 Ed. 4. f. 4 Bastardy is pleaded to ten Acres and Release of all Actions and that is double 10 H. 6. f. 20 Non-tenure is pleaded to part and Bastardy to the rest and this is double 43 E. 3. fol. 29 B. Inquire 33 H. 6. f. 20 40 E. 3. f. 21 Dower the Tenant may plead Joint-tenancy of part and that she detains Writings for the rest which goes to all and it is not double 33 H. 6. f. 57 40 E. 3. f. 31 Assise of a Mannour the Defendant pleads a Fine of one halfe to J. S. whose Estate he hath and to the other halfe pleads a Release of the Father of the Demandant with Warranty and demands Judgement if against Warranty Assise ought to have been of that Moity and it is not double for this goes but to the Moity and is not c. 37 H. 6. f. 24 Debt upon an Obligation that he was a Lay man unlearned and the Day of Payment was read to be at another Day and that it was delivered as an Escrow upon condition that if others sealed c. and the others did not seal and so not his Deed this Conclusion hath made that single 38 H. 6. f. 26 Intendments Pleas good by Intendment and how INformation for Liveries it is shewed that Cloth was given at D. but not how it was used and it shall be intended there and good and Trespasse he broke his Close at D. and made an Entry and shall be intended to be there 5 H. 7. f. 18 Appeal of Rape is Rapuit and though it
Steward that W. N. lying very sick 10 day of A. the year of the Reign of the aforesaid Lady the Queen 19. surrendred into the hands of the Lord by the hands of the said steward the Court being absent in the presence of R. C. R. P. and C. H. one tenement called Miles in which lately dwelt W. G. with all his lands and tenements within the prebend of J to the use and behoof of M. his wife for tearm of her life and aster the desease of the said M. the remainder to W. T. son of the foresaid W. the father and E daughter of the said W the father and sister of the aforesaid W. their sons and heirs upon this condition notwithstanding following that if it happen any of the aforesaid W. the son and E the daughter to dye without heirs of their body issuing that then he or she which did survive shall have enjoy the tenement aforesaid to them and their heirs for ever And upon this came into this Court the aforesaid M. did desire to be admitted into the Tenement aforesaid with the appurtenances to whom the Lord by J. K. his steward granted thereof seism by the rod to have to him in form aforesaid at the will of the Lord according to the custome of the Mannor and gave to the Lord for his fine for his entrance there had as it appears c. and made his fealty and is admitted thereof Tenant Item The death of a Coheir at this Court it was found by the Homagers that one W. W. one of the sons and Coheirs of R. W. dead which surely W.W. held of the Lord to him his heirs according to the custom of this Mannor the half of two messuages or tenements and one garden with the appurtenances in J and long before this Court dyed thereof seised within the age of 10 years and in the keeping of one R. M. according to the custome of the Mannor and that S. W is brother and sole heir of the aforesaid W. W. and of full age who being here present in the Court desired to be admitted Tenant to all the lands and tenements customary of which the said W W dyed thereof seised that is to the half of two messuages or tenements a Toft and garden with the appurtenances within the Mannor to which the Lord by his steward J. K. granted to him seisin thereof to have and to hold to him and his heirs of the Lord by the rod at the will of the Lord according to the custome of the Mannor aforesaid by the rent custome and services there first due and accustomed and gives to the Lord for his fine for his entrance as it appearsin the head and made to his Lord fealty and is admitted tenant thereof Also to this Court came J T Surrender in Court and surrendred into the hands of the Lord 10 acres of land either more or lesse with the appurtenances called S. 4 acres of pasture either more or lesse called B. and 4 acres of meddow be it more or lesse called K. customary to the use and behoof of R. B. Gentleman his heirs and assigns for ever by the rod at the will of the Lord according to the custome of the Mannor aforesaid to which R.B. the Lord by his Steward granted to him thereof seisin to have to him and his heirs of the Lord by the rent of 10 s. yearly and other services then first due and he gives the Lord for a Fine for having this entry therein 4 l. and made to the Lord fealty and is hereof admitted Tenant Also the Homagers say upon their Oath that on R S Death which held of the Lord as a Parcener by the custome of the Mannor nine Acres of customary Land with a grange together with T S his brother to him and to his Heirs dyed since the last Court so seised and that one J S his son and next heir of the said R. to the half aforesaid of the Land and Grange aforesaid and is of the Age of 8 years And upon this as wel the custody of the aforesaid F as the Land and grange aforesaid were committed to one S I as his next freind c. And found surety to the Court E N to restore to the aforesaid J. of the profits thereof when he should come to the age of 14 years Also they say upon their Oath that R W Encreâ— ment encroached upon the wast of the Lord at C in length 20 rods and in bredth one rod therefore he in mercy c. And it is ordained that he shall lay out the same before the feast of St. John Baptist next under the pain of forfeiting to the Lord for every Rod c. Also they say upon their Oath that G B Reâ—â—ous Bayliffe of the Lord such a day and year c. within the Lordship distrained H S for the Lords rent then by that foresaid H behind and not paid and that the aforesaid H then and there made Rescous upon the said G B therfore he in the mercy c. Pleas in Court Baron R. H. complaineth against C E and A his wife Formedon in Remainder of a Plea of Land that is to say of one house two Cottages 20 Acres of Meddow and 20 Acres of Pastor with the appurtenances in J within the Jurisdiction of this Court and made protestation to prosecute the Suit in forme and nature 〈◊〉 a Writ of the Queens of the forme of a gift in remainder at the common-Law and found sureties to prosecute that Suit in forme and nature aforesaid that is J.H. and R M and desires forthwith processe to be made for him according to the custome of the Mannor aforesaid against the aforesaid C and A his wife c. Therefore according to the custome of this Mannor used time out of minde It is commanded to the under Baâ—liffe of thiâ— Mannor aforesaid and the Officer of the foresaid Court that he should summon by good summoners the aforesaid C A that they should be before the suitors of the Court aforesaid the next Court of the Mannor aforesaid the Tuesday such a day held at the Mannor aforesaid to answer to the aforesaid R H of the aforesaid Plea c. The same day is given to the aforesaid R here c. To which truly next Court came aswell the aforesaid R H as the aforesaid C and A by J R their Attorney And the aforesaid Officer of the Court aforesaid returned here in the Court that that he by vertue of the command aforesaid to him directed had sunimoned the aforesaid C and A by good summoners that is by J D and R R to be here at this Court to answer the aforesaid R H of the aforesaid Plea of the aforesaid one house â— Cottages 20 Acres of Land 20 Acre of Meddow and 20 Acres of Pasture with the appurtenances as it was commanded him c. And upon this the said R H demandeth against
Common Recovery in a Right Patent in proper person and complained against W W of a Plea of land that is of one house one garden and one Acre of land with the appurtenances in J held of this Mannor by copy of Court Roll of this Mannor and made protestation to prosecute his complaint aforesaid in the Court aforesaid in forme and nature of a Writ of one Lady the Queen of right Patent at the Common-law according to the custome of the Mannor aforesaid And found pledges to prosecute his complaint aforesaid here in the said Court that is J D and R F and desired processe thereof to be made to him against the aforesaid W W according to the custome of the Mannor aforesaid therefore according to the custome of the Mannor aforesaid it was commanded J S Bayliffe of the Mannor aforesaid and Officer of this Court that he should summon the aforesaid W W so that he should be here at the next Court of this Mannor aforesaid here that is the Saturday the fourth day of J to be held to answer the aforesaid A B of the Plea aforesaid and that he then have there the names of the summoners and this precept And the same day is given to the demandant here c. And late that is to say to this Court came the aforesaid W W in his proper person and in the full Court here gratis offered to answer to the aforesaid A B of the plea aforesaid by good summonitors that is J D and R. R according to the custome of the Mannor aforesaid and upon this lately to this Court the aforesaid A B that is in proper person came and demanded against the said W W the house aforesaid the garden and acre of land aforesaid with appurtenances in J aforesaid held of this Mannor by Copy of Court Roll as his right and inheritance and whereof he saith that he himself was seised of the tenement aforesaid with the appurtenances in his demesne as of see and right according to the custome of the Mannor aforesaid in time of peace in the time of our Lady the now Queen taking the profits to the value c. And that so is his right he offereth c. And the foresaid W W came and defendeth his right when c. and this seisin of which seisin c. As of fee and right c. and especially of the tenements aforesaid with the appurtenances and all c. And puts himself upon the homagers aforesaid of our Queen of this Court aforesaid according to the custome of the Mannor aforesaid and desires an acknowledgment to be made whether he hath more right to hold the tenements aforesaid with the appurtenances as he holds or the aforesaid A. B. to have the aforesaid tenements with the appurtenances as he above demandeth c. And the aforesaid A B demandeth license to consider thereof till the 11th houre before noon of the same day and had it c. And the same houre was given to the aforesaid W here c. And after the said A B returned here into the Court the self same day at the aforesaid houre in proper person and the aforesaid W W though he were solemnly warned came not but in contempt of the Court departed made default therefore according to the custome of the Mannor aforesaid It is considered by the Court that the aforesaid A B should recover his seisin against the said W W of the tenements aforesaid with their appurtenances according to the custome of the Mannor aforesaid to hold to the said A B and his heirs according to the custome of the said Mannor quiet from the said W W and his heirs for ever and the said W W in the mercy c. And now to this Court the Lord in execution of judgment and recovering aforesaid by his Steward granted to the aforesaid A B of the Tenements aforesaid with the appurtenances seisin to hold to him and his heirs and assignes by the Rod at the will of the Lord according to the custome of the mannor and made to the Lord then fine and fealty and then was admitted Tenant And after that is to say at the same Court the aforesaid A B then present came and the aforesaid W W surrendred into the hands of the Lord the tenement aforesaid with the appurtenances to the use and behoofe of the foresaid A B his heirs and assignes for ever and further the aforesaid W W remised and released and altogether for him and his heirs for ever quite claimed to A B his heirs and assignes in their full and peceable possession and seisin day at the making of these presents according to the custome of the said Mannor of and in the tenements aforesaid with their appurtenances the whole right title state claim interest or demands whatsoever which he ever had hath or any way hereafter may have of or in the tenements aforesaid with their appurtenances or in any parcell thereof so that neither the aforesaid W.W. nor his heirs or any other of them any right title state claim interest or demand of or in the Tenements aforesaid with their appurtenances nor in any parcel of them from hence may challenge claim or pretend unto nor shal do hereafter but from all action of the Law title claim use interest and demand thereof be for ever excluded and every of them excluded for ever by these presents And further the said W W. granteth for him and his heirs that he will warrant the tenements aforesaid with the appurtenances to the aforesaid A B and his heirs against all men for ever To this Court c. came W. T son and heir of W T Common recovery in entry in the Post dead and is admitted tenant by the rod of one Feild called C containing by estimation 8 Acres of medow with the appurtenances in J aforesaid whether more or lesse with the appurtenances to have to him and his heirs at the will of the Lord according to the custome of the Mannor aforesaid and paid to the Lord for his entrance so had c. and made his fealty c. And after to the same Court came the said W T and surrendred into the hands of the Lord in the same Court aforesaid the feild called C containing by estimation 8 acres of meddow either more or lesse lying in J aforesaid with the appurtenances whose western part abouts upon a certain way called K and the northern head thence abutting upon a close late S W to the use and behoof of M M and his heirs for ever and upon this came the aforesaid M M and desired of the Lord in the same Court to be admitted tenant to the aforesaid 8 acre of meddow with their appurtenances to have and to hold to him and his heirs for ever at the will of the Lord according to the custome of the Mannor aforesaid making and rendring thereof rent services and customes before due and accustomed to whom the Lord by
appears upon their heads and each of them is manucapted by himself that is by four Manucaptors by name A.B. c. And there are no more Executors of the will of the said B. nor heires of him or of Lands or Tenements which were his in the County of W. as by any means for the present can appeare unto me Pledges to prosecute J.D.R.R. A.B. within named hath nothing in my bailiwick but the Issue first by me forfeited Favor of the Sheref upon the 2. or 3. Distring Against a Clark by which nor where he may be distrained as to me by any means can appeare for this present W.D. Arch Deacon of R. hath nothing in my bailiwick of lay fee by which nor where he can be Distrained Warned or Attached by any means at present as to me can appeare That I should distrain the within written A.B. to be before the Justices within named Upon a Tarde at the Day and place therein contained This writ so late was delivered unto me that for the shortnesse of the time I could make no Execution thereof To the Distraining of R.L. and all other the Jurors within written to be before the Iustices within named at the day and place therein contained Other-Wise upon a Jur. This writ came unto me so late that for the shortnesse of the time could make no execution thereof but to ad Decem tales the execution thereof doth appeare in a certain Pannell fastned to this writ Otherwise for Homage The Manucaptors within named J.S.W.P.I.D. His Issue half a Mark. The summoners of the within named R. and E. his wife W.F.R.P. And so of all other actions reall if the Defendants be sufficient The Execution of this writ doth appeare in a certain inquisition to this writ annexed By vertue of a writ of our Lady the queen to me directed Partition and to this partition indented annexed I J.D. Knight Sheriff of the County aforesaid twentieth day of A. year 20. c. taking with me J.S. c. twelve free and lawful men of my County and of the view within written in the presence of H.F. in the writ aforesaid nominated in my proper person I came to the Tenements in the said writ nominated and there by their Oath respect being had to the true value of the said Tenements with the appurtenances the said Tenements in partition into three parts equally to be parted and one part of the said three parts that is twelve foot in length and eight foot in bredth of the House in the foresaid writ specified extending to the Land of F.G. called G. towards the west and thirty four foot in bredth and twelve rods in length and one Garden in the aforesaid writ specified lying to the said house abutting towards the west to the Land of the aforesaid F.G. called B. and the Glebe Land of the Rectory of S. and also c. And I the aforesaid Sheriff twentieth day of A. the year c. have made them to be assigned and delivered to H.F. nominated in the said writ to hold to him severally according to the form and effect of the writ aforesaid And as the said writ in that commandeth and requireth Which truly whole third part of the aforesaid Tenements in the aforesaid Writ specified Otherwise to the aforesaid H. in form aforesaid is delivered and assigned and for the other two parts remaining of the aforesaid Tenements in the aforesaid Writ specified J.F. likewise in the same Writ nominated to the partition aforesaid to be assigned and Delivered to the Justices of our Lady the Queen in the Writ aforesaid specified I certifie that none of the part of the said J. came to receive of me the aforesaid Sheriff those two parts so that those two parts I could not deliver an Assigne as the writ aforesayd in that doth command and require In witnesse whereof as well the Seale of me the aforesayd Sherif as the Seales of the other twelve Jurors to this partition Indented are put Dated the yeare and Day abovesayd Pledges to prosecute I. D. R. R. The within I. S. and R. B. are attached and each of them is attached by Pledges I. D. R. R. The residue of the execution of this VVrit doth appear in a Pannell fastned to this writ Assise of Novel disseisin Assise of novell disseisin between such a one Plaintif or Demandant and such a one Defendant or tenent in the Plea c. A. B. C. D. c. to the number of twenty four Pannell The names of the Recognitors I. P. and T. W. Summonitors J. D. T. B. Manucaptors summoners aforesayd and every of them J. S. J. D. Pledges to prosecute Otherwise G. C. R. R. R. H. within named is attached by one _____ of Latin price eight pence by Pl. W.D. and T. D. The residue of the execution of this writ doth appeare in a certaine Pannell annexed to this writ A Recognition of an Assise of Novell disseisin Pannell between J. D. Plaintif and R. T. Deforceant of his Free-hold in B. J.D. c. to the number of twenty foure Summoners of the Jurors aforesaid and of every one of them J.S.J.D. Manucaptors summoners aforesaid and of every one of them J.B.T.C.A.B. and W.H. The execution of this writ appeareth in a certain Pannell to this writ annexed Otherwise The names of the Recognitors in an Assise of novell Disseisin between A.B. Plaintiff and J.M. Defendant A. B. c. to the number of twenty four Every one of the Recognitors aforesaid by himself is severally attached by pledges J.D.RR. The Issues of every one of them five shillings The names of the Recognitors of new added according to the form of the Statute A. B. c. to the number of ten Every one of the Recognitors aforesaid of new added is attached severall by Plaintiff J.D.R.F. By vertue of this Writ Great Cape tenth day of M. the year aforesaid by the view of R.H. and T.H. good and lawfull men of my County I have taken into the hands of our Lady the Queen the Lands within written as within I am commanded summoners J.D. R. F And if the Writ be sent to the Sheriff and the place where he ought to execute it be within Franchises which hath full return of all VVri tsthen so The Execution of this VVrit c. as before I J.S. Sheriff of E. have commanded J.W. Bailiff of the Liberty of B. in the County aforesaid which hath full return of all VVrits and execution of them within the Liberty aforesaid in the County aforesaid and to whom the executing of this writ doth wholy belong to be don for that that the said execution thereof otherwhere in my Bailiwick cannot be done out of that Liberty which answers me so c. By vertue Otherwise c. I have taken into the hands of our Lady the Queen by view c. as before of the Lands and Tenements of J.M. within
written A. W. to the value of four pounds of the within written eight pounds which Goods and Chattels remain with me unsold for lack of Buyers and that the aforesaid A. W. no other nor more Goods and Chattels nor any Lands or Tenements hath in my Bailiwick whereby the residue of the aforesaid eight pounds so that I can lay no Execution for the residue of the eight pounds or take any other parcell for present in Execution neither is he found in the same By vertue Otherwise c. I certifie the Barons within written that the tenth Day of A. c. I took of the Goods and Chattels Lands and Tenements of the within named W. to the value c. and of the Goods and Chattels Lands and Tenements of J. D. c. to the value c. and those I have set to sale to which I have not yet found Buyers and therefore the Money c. As yet the Goods and Chattels Otherwise which late of the Goods and Chattels of the Farmer occupying and holding the Mannour of W. to the value c. I took into the hands of our Lady the queen for defect of Buyers remain unsold but from Day to Day I expose them to sale and of the Money arising thereof as soon as I can I will answer you The Goods and Chattels Otherwise of which within in that VVrit there is mention to sell and ten shillings thereof coming to the Exchequer of our Lady the Queen at Westminster at the Day in the VVrit limitted I have made ready according to the tenor of this VVrit By vertue Otherwise c. I have sold the Goods and Chattels within written by me first taken and also I have laid Execution of the Goods and Chattels of R. S. within named for the residue of the Debt therein contained so that I have all those Moneys ready before our Lady the Queen at the Day and Place within contained to pay to the within named H. VV. as within I am commanded To levy the Money by Fieri facias within written Supersedeas by vertue of a certain VVrit of the Queens of Supersedeas to me directed I do altogether desist which truly VVrit of Supersedeas I send you annexed to this VVrit and further I certifie that the said J. C. hath not any other or more Goods or Chattels Lands or Tenements in the same my Bailiwick from whence any Money can be levied for present c. Restitution upon Fieri facias Nihil J. G. and others within named have nothing nor any of them have any thing in my Bailiwick whereby Restitution of the Goods and Chattels within written for the foresaid VV. M. to have I can make nor the four and twenty pounds within written to the said M. could I make to be levied as within c. T. F. within written Levari facias otherwise hath no Goods or Chattels in my Bailiwick of which the Money within written nor any parcell thereof I can levy as within I am commanded c. By vertue Otherwise c. I have taken into the hands of our Lady the Queen a certain Inn with three Shops in such a place of the said J. T. within written which are worth by the year over reprises ten pounds and that the said Inn and Shops aforesaid I safely keep till I have other from you in command The Execution of this VVrit appeareth in a certain Inquisition c. An Inquiry indented Inquiry of Damages taken at VV. in the County of VV. such a Day and Year before R. VV. Esq Sheriff of the said County by vertue of a certain VVrit of our Lady the queens to the same Sheriff directed and to this VVrit annexed and this Inquiry was finished by the Oath of R. S. c. to the number of twelve Jurors which say upon their Oath that A. P. in the VVrit to this Inquisition annexed nominated sustained losse by the occasion of the Trespasse by J. H. in the foresaid VVrit nominated as in the same writ mention is made to forty shillings and for Expences and Charges of the said A. P. spent by him upon the Suit in this part to forty shillings in which thing c. By vertue of this VVrit J. VV. S. Esq Sheriff of the County within written â—â—egit such a Day and Year did deliver to J. B. the half of the Mannours in this Inquisition to this writ annexed specified with the Appurtenances by an Extent made in the said Inquisition to hold to him and his Assignes as his Free-hold untill the said J. B. hath levied his Debt and Damages within written as within I am commanded By vertue of this writ Otherwise such a Day and Year I have caused to be delivered to the within named A. B. the half of the Mannour of S. with the Appurtenances extended to the yearly value of forty pounds sterling in all issues ultra reprises by twelve Jurors in the Inquisition annexed to the writ nominated of which truly Mannour with the Appurtenances B. G. and E. his wife were thereof seised as in right of E. his wife in Fee as of Free-hold Day of the taking this Inquisition aforesaid as in the said is found to have and to hold the same half of the Mannour aforesaid with the Appurtenances so extended to the aforesaid A. B. and his Assignes as his Free-hold till the within named forty pounds from thence he shall levy according to the form of this writ The Residue truly of Executions of this writ do appear in a certain Inquisition to this writ annexed c. Of a Liberate after an Extent made upon an Obligation of a Statute Staple By vertue Deliberation c. I have delivered to the within named B.S. the Mannours Lands and Tenements within written to have to him and his Assignes as their Free-hold untill to him of the Debt within written together with his Damages Charges and Expences be fully satisfied c. By vertue Extent c. I certifie our Lady the queen in her Chancery at the Day and Place therein contained wheresoever they be that such a Day and Year I delivered the Seisin and Possession of and in the Mannours Lands and Tenements within specified to the within named W. C. according to the exigent of this writ and the within named H. M. is not found in my Bailiwick J. M. within named is not found in my Bailiwick Otherwise therefore I cannot take him at present but as to the extending and valuing all the Lands and Tenements of the said J. M. according to the forme of this Writ the Execution thereof doth appear in a certain Inquisition to this writ annexed which truly Lands and Chattels in the said Inquisition contained I have caused to be seised into the hands of our Lady the Queen A. B. within named is not found in my Bailiwick Otherwise within Liberties and therefore by vertue of this
his life in safety And for that that the Law is so necessary Now let us see when and how these Courts Leets and Court Barons began Fineux The beginning of these Courts Leets ordained 12. H. 7. fol. 18. saith That at the beginning all the administration of Justice was in the Crowne and where the King was there was the Law administred Then afterward for the multiplicity of the people was the Court Leet for punishment of offences and annoyances to the Common-wealth within the Precinct of that and the Articles and paines are ordained to that end and it is called The view of franke pledge for that the King there may be certified by the view of the Steward how many people are within every Leet and also to have account and view by the Steward of their good government and manners in every Leet And also the Leet was ordained to have every person of the age of twelve years which had remained there by a yeare and a day to be sworne to be faithfull and loyall to the King and also for that that the people there might be kept in peace and obedience these Courts Leets were ordained And Court-Barons were ordained to determine Injuries Court-barons ordained Trespasses Debts and other actions as afterwards it appeareth where the debt or the dammages are under forty shillings And also for that that the Lords of the Mannors and Court-Barons have given their Tenants their Lands and Tenements before the Statute of Westm the third to hold of them for that also Homagers of Court ought to inquire in this Court that their Lords shall not loose their Services Customes nor duties And also it was ordained to make their Suites there and so to shew them obedient to their Lords and that nothing be made within the Mannor to be an annoyance or hurtfull to the Inheritances of the Lords of the Mannors which should not there be inquired of and presented for the Lords of the Mannors as afterward by the Articles more plainely appeares And so now you see here breifly that the Realm cannot be governed without a King and that the King for that cause is appointed of God and that the King governe by the Law Roy Ley. and cannot governe his people without Law and also you have heard how ancient and how necessary these two Courts are for governance of the People And now for that these Courts are held within Mannors and that a Court-Baron is incident to a Mannor It is fit to know how Mannors did begin and within what Mannors Court-Barons are held and in what not Parkins fol. 127. saith That the beginning of Mannors was when the King gave a thousand Acres of Land or a greater or lesser parcel to one and his heires to hold of him and his heirs and before the St. of Quia emptores terrarum because buyers of Land one seised of Lands did infeoffe one of ten Acres another of twelve Acres and the third of twenty Acres every one of them to make service unto him and so by continuance of time out of minde c. he had a Mannor Also in the 33. yeare of H. 8. Comprize c. 31. Plow fol. 169. a. A man cannot make a Mannor at this day for notwithstanding that a gift in taile be made to diverse to hold of the giver by Services and Suit of Court though by that there be a tenure yet it cannot make a Court for that cannot be but by Prescription And if a Mannor be and all the Freeholders but one Escheate Mannors cannot be without Court Baron or if the Lord purchase them it is no Mannor and there cannot be a Court-Baron without Sutors and not with one Suitor onely 35. H. 8. Tenures 102. 23. H. 8. Court-Baron 22. Suit 17. Fitzherbert 3. C. If one hold of another as of a Signiory Ingrosse which is not a Mannor he hath no Court Baron Fitzherbert 8. b. Where a man giveth all his Land in Taile there is a Signiorie Ingrosse and he shall have no Court but if he were seised of a Mannor and give parcell of the Demesnes in taile it is otherwise 22. H. 6. Title 2. Services is parcell of a Mannor but not the Land of the Mannor unlesse it be Copihold for if a man hath a Mannor in the County of Westmerland and one holdeth Land of that Mannor which Land is in the County of DARBY hee shall demand that Mannor in the Counties of WESTMERLAND and DARBY 18. of the Booke of Assises 3. If a man seised of a Mannor doe alien foure Acres in fee this is separated and no part of the Mannor but if the Husband seised of a Mannor in right of his Wife alien foure Acres for life and afterwards grant the Reversion of that in fee to P. and afterwards P. purchase the whole Mannor to which the Husband and Wife levie a Fine Sur connusance de Droit upon acknowledgment of Right as that which he had of their gift The Fine extendeth to the foure Acres which were severed for they were parcell in reversion as of the Mannor And in the 36. H. 8.4 Two Coparceners make partition of a Mannor so that each of these have a parcell in Demesnes and a parcell in Services Now each of these hath a Mannor and each of these have two Suitors but otherwise it is if one have but one Suitor he cannot hold a Court-Baron But 12. H. 4.25 Partition is made of a Mannor that one Coparcener shall have the Demesnes and the other the Services the Suit to the Court is suspended and during that there shall be no Court-Baron held And 8. H. 3.4 and 34. H. 6.53 It is held that a Court-Baron is belonging to a Mannor of common right so that within every Mannor shall be a Court-Baron unlesse there be no Suitors there or that by partition the Suit is suspended as it is before said But note that diverse are called Mannors within which are not any that hold of these Mannors but only Copiholders at the will of the Lord according to the Custome of the Mannor and there are no Freeholders which hold by Charter and yet these Lordships are called Mannors and in these are Court-Barons 19. H. 8.17 Court-Baron is belonging to a Mannor And now though the honourable Judges of both Benches and the Honourable Lord cheife Baron and the other Judges there of Record at this day are altogether given to administer Justice to all without respect of any Persons R. 2. Maint 2. according to the Statute of the 1. of Edw. 3. Chap. 14. which is that right be made as well to poore as rich and that none send Letters in disturbance of the Common Law so that praise be to God their whole inclination to the administration of Justice may be a sufficient example to all Stewards to administer Justice and not to have regard to Letters Yet in some Court-Barons I have seen such subverting of Justice by Stewards some by
Charter followeth ALlowance in the Common Bench is not good and allowance shall be within memory 9. H. 7. fol. 16.1 H. 7. fol. 23. In the time of H. 8. Tit. Grants 364. If the King grant Reversion and mis-recite the date of the Lease but recites well the Estate the thing and the name of the Lessee it is a good Grant 8. H. 7. fol. 4. Where the King upon information of the party grants a Mannour and recites that he had it by Forfeiture and hath it not by Forfeiture it is a void Grant for the King is deceived so it is said where the King grants a Reversion where there is no Reversion he is deceived and void 26. H. 8. fol. 1. The King recites for the good service he hath done in the Wars he grants where he was never in the War it is a good Grant for the recitall is a matter in deed not material 9. H. 7. fol. 27. Where the King grants upon a Petition for his service such a Mannour of such a value where it is of a greater he is deceived and it is void 9. H. 7. fol. 2. If the King makes one a Denizon and reciteth where he was born in France where in truth he was born in Spain this Grant and making him Denizon is a good Grant and the recitall is not materiall 9. H. 7. fol. 2. Diversity where the King of his meer motion grants and recites that what he hath granted by his Patent he ratifies and confirms the King is estopped to say the contrary but that he granted and ratified that but if it were as I am informed he is not estopped and the King is deceived 37. H. 8. Tit. Patents 10. It is said for Law that false consideration in Letters Patents shall not avoid them as where the King for ten pounds to him paid giveth such Land and the ten pounds consideration is not paid the Patent is not void Contrary of a Patent made upon false surmise as that the Land came to the King upon the attainder of J.S. and it is false the Patent is void 6. H. 7. fol. 13. If an Office be granted by the King to one for life and after the King grants that to another and do not recite the first grant the King is deceived and the second Grant is void The King grants to you the Chattels of Felons and Fugitives for whatsoever Offences you shall not have the Goods of one that stands dumb for these are Forfeits for Contempt and this Grant shall be taken strictly because it rusheth upon the Kings Prerogative 8. H. 4. fol. 2. The King grants to one the Chattels of Felons and Fugitives and of whatsoever Offenders the Granter shall have the Goods of him attaint for petty Treason and not for high Treason by these general words for what Offences soever 22. Book of Assises 40. If one kill the Kings Ambassadour this is high Treason and for that he shall not have his Goods but Goods of one attaint for petty Treason by the Grant of Goods and Chattels of Felons and Fugitives and for whatsoever Offences he shall have for that is Felony 22. Book of Assise 49. Where there is a Grant to you by a common person all his Goods A Lease for years nor a Ward pass not for Goods are Moveables alive and dead and not Chattels 4. Ed. 6. Brook Grants 51. And for that the King grants all the Goods of Felons you shall not have a Lease for years of one attaint for it is a Chattell real Brook Done 438. Plowden fol. 424. Where one grants all his Lands and Tenements to one there a Lease for years may passe where the King grants all the Goods and Chattels of Felons of his men that is but his own Tenants unlesse it be an ancient Grant and the Grant put in use of other Tenants also 40. Book of Assises 41. If one grant all his Goods as well living as dead a Rent charge which the Grantor hath for years passeth by this Grant 39. H. 6. fol. 37. Where Chattels are granted to one by this he hath as well Chattels moveables as not moveables for a Lease for years is within this word Chattels as it appears by Bracton Stamford fol. 44. Prerogative Where Chattels are granted to one he shall have the Corn of a Felon growing upon the Land of a Felon at the time of the Forfeiture and right of Actions to the Goods as where Goods by wrong are taken from a Felon and where one is indebted to a Felon by Obligation or is accountable to a Felon for any Receits Stamford 45. Prerogative The King may have Debt due by Obligation to a Felon and not which is due by Contract 16. Ed. 4. fol. 4. Chattels IF a Disseisor sow the Land and sever that before the Disseisee re-enter the Disseisee cannot take the Corn for they are Chattels and come by his industry but otherwise it is of Trees cut by the Disseisor and made in Fagots or Grasse made in Hay which come by the Soil 5. H. 7. fol. 16. and 2. H. 7. fol. 2. the same 39. Ed. 3. Tit. The Writ is of Goods and Chattels and the Count of Corn and ten pounds in money and for that that money is not Goods and Chattels he abridged that 7. Ed. 6. Tit. Grants 55. A man grants all his Lands and Tenements in D. a Lease for years doth not passe that is where he hath Lands in fee in D. and also a Lease there 37. H. 8. Done 41. It is said for Law that if a man give all his Lands and Tenements in D. by this a Lease for years doth not passe for Lands and Tenements shall be intended Free-hold at the least 10. Ed. 4. fol. 1. If an Executor give all his Goods and Chattels the Goods of the Teslator do not passe and clear the Giver shall not forfeit them 28 H. 8. fol. 4. by Elliot If a man give all his Goods and Chattels Hawks nor Hounds do not passe 18 Ed. 4. fol. 14. For that they are of a wilde Nature 9 H. 7. Tit. Grants Brook 87. If a man hath Lands in Lease and is seised of other in fee and make a Feofment of them both and Livery onely in the Land in fee the Land for years doth not passe 8 Ed. 4. fol. 4. by Pigot Where a man gives to me a Deed of Feofment then I have not the Land that is but a Chattell in me 39 Ed. 3. Tit. Charters 6. A man granteth the next Advouson to J.S. and his Heirs it is but a Chattell for it is but for one turn the same Law for a Lease to him and his Heirs for twenty years 136. the same Book of Assises 22. 21 H. 7. fol. 26. A man seised in fee maketh a Furnace of Lead in the middest of his House which was fixed to the Walls and died the Heir shall have that and not the Executors for it is fixed to the Free-hold and not a Chattell the same
Law is of Fat 's fixed in a Brew-house or Dy-house and at this day is the like of Glasse though there it was held the contrary but it seemeth where the Termor fixeth such things he may take it within the Terme but after the Terme not and the Heir shall have Table-dormants and those things which cannot be attached in Assise Stamford 45. Chattels are as well Chattels moveables as not moveables and Leases and Chattels are the Corn growing and right of Action and an Obligation made to a Felon and Money out of a Bag and Corn out of a Sack are Chattels 10 Ed. 4. fol. 1. It seemeth where one gives all his Goods and Chattels the Charters of the Giver doth not passe See 4 H. 7. fol. 10. 38 Ed. 3. Tit. Charters 24. It seemeth that Charters are but Chattels 8 Ed. 4. fol. 4. If one give to me a Deed of Feofment whereof I have not the Land this is but a Chattell in me 21. Ed. 4. fol. 80. Writings may be laid to pawn for Money borrowed by which it seems that Writings are Chattels in divers Cases 37. Assise 11. A Woman hath Execution by Statute-Marchant of Land and takes a Husband this is a Chattell and for that the Husband may give it 24. Fd. 3. Tit. Charters 5. by Thorp The Escheator may seise the Ward though there be no Office found for it is a Chattell and vested in the King without an Office 4. H. 7. fol. 10. Where Tenant in Tail discontinues and dies the Deed in Tail belongs to the Heir before he hath re-continued his Estate in the Land and it is no Chattell but an Inheritance for if one give all his Goods and Chattels he shall not have such Deeds Now let us see that the not using of Priviledge and Liberty is the cause of ceasing of that and where not I intend not using of Liberty which is for the benefit of the party this is no cause of ceasing but where it is for the Common-wealth not using is a cause of ceasing and mis-using is a cause of ceasing for ever IF one have Liberties and do not use them within memory all is gone 14. H. 7. fol. 1. Not using of the Office of Clerk of the Market is cause of ceasing for that is for the Common-wealth 2. H. 7. fol. 11. By Billing by mis-using and not using also of Market shall cease 2. H. 7. fol. 11. 15. Ed. 4. fol. 7. Where the Abbot of S. Albans had a Gaol by Franchise and would not be at costs with the Justices of the Gaol-delivery to make Delivery of Prisoners and kept them long in Prison for that it was seised into the Kings hands 8. H. 4. fol. 17. If the Lord of the Franchise refuse to do a thing commanded by the Court as to bring in his Prisoners it is a forfeiture of his Liberty contrary where it is commanded by proceffe by Hussey If a Lord refuse to do right or misuse his Franchise by himself or by his Bailiff or Deputy or do not use his Franchise that shall be reseised and all Lords which have franchises shal attend upon the Justices of Assise in person or by their Bailiffs or otherwise they shall forfeit their Franchises 20. Ed. 4. fol. 5. Confirmation NOte that there need be no Confirmation of a Charter of grant of Liberties after the death of every King as it is used 1. R. 3 fol. 4. But otherwise it is of Officers judiciall 33. H. 8. tit 203. If the King grant the Chattells of Felons to one and dies there need no confirmation of that otherwise if there were a Faire or a Market granted or a judiciall thing or a ministeriall Office granted Suit Then the next branch of Charge is Suitors and for that let us see who are resident which ought to make Suit at the Leet and who not SUite reall is at a Leet Residents and this is by reason of their residence 12. H. 7. fol. 17. Eitzh 160. B. A man which is not resident but hath Lands within the Leet shall not be destreined but where he is dwelling to make sute to the Leet Marlebridge chap. 10 Who have Tenements in diverse Hundreds have no necessity to come to these Turnes unlesse in the Bailywicks where they are dwelling where the Master is resident and also his Servant in some Leet as well the Master as the Servant 2 H. 4. fol. 17. Men of Religion Clerkes Knights nor Women shall not be Deciners Fitzh fol. 160. C. Register fol. 181. Britton fol. 19. It is provided that they have no need to come Rast County 2. Arch-Bishops Bishops Abbots Priors Earles Barons nor any religious Men or Women Marlebridg chap. 10. A man shall not make Suite twice to two Leets of severall men for his residency but one time to one and another day to another he may but one may come twice to the Leet of one person and yet may be charged to come to the Turne of the Sheriffe 18 H. 6. fol. 13. Every man ought to be attendant to a view of frankpledge 21 Ed. 3. fol. 12. For that the not scowring of Ditches adjoyning to High waies and Bridges and also other annoyances in waies are presentable in Leets and is another branch of the Charge let us see how they shall be done and what by the Common Law and what now by the Statutes Waies IF a man have Land adjoyning to the Kings High way he is charged of common right to cleanse the Ditches without any prescription 8 H. 7 fol. 6. but if he be not next adjoyning it is otherwise for there he is not chargable without prescription but it is said that he whose land is next adjoyning to a Bridge Purprestures is not held of common right to repaire the Bridge though the Bridge have been there time out of minde unlesse he have that made by prescription Magna Charta Rastall Bankes 2. Bridges Rastall Bridges 1. chap. 15. No Town nor Free-man shall be distreined to make Bridges unlesse that of old they use to make them in the time of King H. our Grand-Father the Statute of 22 H. 8. chap. 5. Gives power to the Justices of Assise to determine the making of Bridges where it cannot be held and proved what person certaine ought of right to make such decaied Bridges and what shall be made by the Inhabitants or riding where such decayed Bridges are by which it appeares that he which hath Land adjoyning to a Bridge is not chargeable to make the Bridge unlesse it be by prescription 2 Ed. 4. fol. 9. By Moyle if any incroachings be made over the Kings Way as by a Ditch House or Wall it shall be punished by presentment in the Leet and I collect upon the opinion of this book and upon 8. Ed. 4. fol. 9. And upon 27. H. 6. fol. 9. and upon 6. Ed. 3. way 2. Where a Lord of a Mannor hath Land upon both parts of a High way that he
Affraies and blood-shed but not if one hath broken my Close or if one hath beaten me but if any Affray were so that the Kings People were disturbed for that is more then particuler 1 R. 3 fol. 1. If one come to make a Boothe and doth it not and yet one maketh a Fray upon him and upon him draw blood with his Sword or Dagger it is punishable by presentment in Leet 11 H. 6. fol. 29. If one assault to beat you and you fly and he inclose you or if you be at Hedge or Ditch and then you beat him and wound him this is not punishable in a Leet 34 H. 6. fol. 8. and 33. H. 6. fol. 20. If J. S. makes an Assault upon a Stranger and J. D. draws his Sword and beats and wounds J. S. in defence of the Stranger this is punishable by a presentment in a Leet But if a Servant beat and wound one which maketh an assault upon his Master in defence of his Master he is not punishable by presentment in Leet 12 H. 8. fol. 3. and 9 Ed. 4. fol. 51. If one lay his hands unlawfully upon any unlesse that he arrest him or part two that fight he is a trespassor but that is not punishable by presentment in Leet 9 Ed 4. fo 3. If one beat one in defence of his Goods this is not punishable in a presentment in Leet Booke of Entries fol. 553. and 19. H. 6. fol 21. Trespss of Assaults and Fraies TRespass by a Chaplain of Grayes Inne the Defendant pleads of his own Assault and it was held if he upon whom the Assault is made can escape with his life it is not lawfull for him to beate the other which made the Assault but it is held that I ought not to stay till the other hath given me a blow for paradventure he commeth too short 2 H. 4. fol. 9.10 Ed. 4. fol. 7. Trespasse of Grassetrod and threatning of life and member a man cannot justifie the menace of death and for that to that he pleads not guilty 21 H. 6. tit 26. the same 33 H. 6. fol. 20. Trespasse of Threatning by Prisot I cannot threaten one of Life and Member but if he upon whom the Assault is made fly and the other followeth him so neere that he cannot escape or hath him under him upon the Ground or hath chased him to a Wall Hedge Water or Ditch there it is lawfull for him to say if you will not depart that he to save his Life will kill him 3 H. 4. fol. 8 Trespasse of Assault Imprisonment and Battery Defendant plead to the Battery not guilty and to the Assault that the Plantiff came to such a River where the Defendant had a Mill and would have stopt the River and the Defendant took him by the Arme without that that he made other Assault and to the Imprisonment the Defendant pleads that the Plantiff Assaulted him and would have beate him by which he prayed the Constable to arrest him and he came in aid of him judgment if action and good 22 H. 6. fol. 48. Trespasse of a Servant beaten and Entry into his House yeare 7 H. 6. Defendant saith that yeare 8 H. 6. he served a Subpena upon the Plaintiff and that the Plaintiff and the Servant took him and carried him to his House and there deteined him half a day which is the same Trespasse and to any Trespasse before not guilty to the Battety of his Servant which was of his Assault at another day and to any Assault before not guilty Bracton saith he is not worthy of Peace which will not keep it Stamford fol. 30 a. 40 Ed. 3. fol. 40. Trespasse of Assault and Battery and found the Assault only and Plaintiff recover but shall not have action of Assault only 42 Ed 3 fol 7 the same and see 22 Assise 60. 9 Ed 4 fol 30 Trespasse of Battery it was held that if a man will take my goods I may lay my hands upon him and rather beate him then suffer him to carry them away 19 H. 6. fol. 33 the same that he may beat one in defence of his Goods 19 Ed 4 fol 189 Trespasse of Battery a man may Justifie the beating of another in his defence but by Catesby a man cannot beat another in defence of his Son but a Servant may beat one in defence of his Master or Mistris 21 H 7 fol 39. the same Mortmaine Mortmaine is inquirable in a Leet for that it is for the benefit of the King and in the Kings Court What is Mortmaine within the Statute and what not WHere one Abbot aliens to another Abbor or Bishop to another Bishop and his Successor it is Mortmaine Fitzh fol 222 D. 16 Assise 1. VVhere Land is divised to one to pay twelve pound to finde two Chaplaines for ever to sing in the Church of Saint Albanes in Wood street for ever if it be behinde that the Chaplaine may distraine that is Mortmaine see 32 Ed 3 10 and 40. Assise 29. J. S. deviseth certaine Land to his Executors that they should provide a fit Chaplaine in the Church of D. to celebrate for ever which Chaplaine shall receive yearly out of the aforesaid Lands six markes that is no Mortmaine for nothing is divised to the Chaplaine 4 Assise 27.43 Assise 27. Foure Acres were devised to one in Fee so that he and his Heires should pay yearly six pound for the maintaining of one Chaplaine to celebrate yearly for ever in the Church of Saint Leonards in Estcheape and that the Rector for the time may levie it for ever that is Mortmaine 43 Assise 33. J. S. deviseth Land and two shillings Rent for the maintaining of a Chaplaine in the Church of D. yearly to celebrate and I will that my Executors should ordaine the aforesaid Chaplaine and the Executors do nothing therefore no Mortmaine 43 Assise 34. If a Villain of a Bishop purchase Lands in Fee and the Bishop enter without license it is Mortmaine 41 of Assises 4 Fitzh 224 B. 41 Ed. 3. fol 16. If a Feoffment be made to the use of a Bishop and his Successors it is within the Statute De religiosis and so it is where he takes profits 8 Ed 4. fol. 18. A Bishop cannot appropriate an Advowson of which he is seised in Fee without the Kings license and if he doth it is Mortmaine Fitzh 223 H. see 21 Ed. 3. fol 5. seemeth contrary If one let to a religious man for a hundred yeares and so from a hundred to a hundred during eight hundred yeares this is Mortmaine but it seemeth that a lease to a Religious man for eighty years or for a hundred yeares is no Mortmaine but in the first case it is by colour of a Tearme and Mortmaine 29 H 8 Mortmaine 39. Lease for eighty years to an Abbot by Martin is Mortmain Quere 4 H. 6. fol. 9. The Tenant lets for life to J. S. the Remainder to a Religious and his Successors the Lord need
preserved and you shall live in quiet and hold your Goods Lands and Lives in peace and quietnesse and you shall be accounted after this life among the Saints of God and shall have life eternall and over that observe you that I may by the Law charge another Jury immediately to inquire of your concealments and perjuries and that you shall finde by putting great Fines and Amerciaments upon you and imprisoning your bodies And to conclude first now if you remember your duties to God as I have said that will move you to keep your Oathes and the love that you owe to the Common-wealth with consideration of your selves wives sonnes and posterity and the fear of God and regard of honesty and all these well considered then you will present justly and truly the things which I shall give to you in Charge and I make an end and the Articles of your Charge follow Then followeth the Charge in Court Baron The Charge in Court Baron FIrst you ought to inquire of all persons which owe Suit to this Court and who make default and present their names and you ought to note that all such persons which hold any Land of the Lord by Suit of Court in what place they dwell and of what age he is that should make Suit to the Court or otherwise he ought to be amerced and Amerciament is by custome for by the Common-Law they shall be distrained and that is called Suit-service and that is by reason of the Tenure and if any such person which oweth Suit to the Lord be in Ward to the King neverthelesse he may be amerced for not making Suit to the Court of the Lord but the Lord cannot destraine for this Amerciament during his Wardship yet after Livery the Lord may destraine for the whole Amerciament And if there be two Coparceners Coparceners Joynt-Tenants for which one Suit ought to be made the eldest sister ought to make the Suit onely and the other shall be contributary Fitzh 159. B. And so it is of Joyn-Tenants the Suit may be made by agreement by one and the other shall be contributary by Marleb chap. 9. but if one holds twenty acres by Suit of Court and alien that to twenty severall persons by the Statute of Quia emptores terrarum every one shall make Suit severally 2. Rastal Suit 1. Also if any Tenant be dead after the last Court or before and his death not presented you ought to inquire what Lands he holds of this Mannour and if they were held by Knights service Ward Releif Soccage or by Copy and what advantage the Lord shall have by his death Scilicet Wardship Marriage Releif Escheate or other Profits and who is his next Heire and of what age and in whose custody he is 3. Also if any Tenant which holds by Knights Service alien his Land by collusion to defeat the Lord of his Ward and other Profits it is inquirable 4. Also if any Tenant which holds by Knights service be disseised and dieth disseised his Heire within age the Lord shall have him in Ward and if any Tenant which holdeth by Knight-Service die his Heire male within age of 21. years the Lord shall have the Land in Ward till the age of 21 years and also his Marriage unlesse he be married Littleton fol. 19. 5. If the Father which holds in Knights Service marry his daughter within age to a husband of full age and dies the Lord shall not have the Wardship of the Land and if she were of full age the Lord shall not have the Wardship of the Land but if she were within age and marry to a husband within age the Lord shall have the Land in Ward till the age of 14. years Natura brevium fol. 98. But if such Tenant die his heire female being of the age of 14. years or more and not married she shall not be in Ward nor her Land but if she were within age of 14. years and not married she shall be in Ward of Body and Land till the age of 16. years and if she were married in the life of her father within the age of 14. years her land shall be in Ward till the age of 14. years and no more Littleton fol. 19. 6. And you ought to note that there is Knights Service of a common person that is where one holds of his Lord by Homage Fealty and Escuage that is to say when it is assessed to more more and when to lesse lesse Littleton fol. 19. and where one holdeth by keeping a Castle or by blowing a Horn that is Knights service 7. And Soccage Tenure is where one holds by Homage and Fealty or by Fealty and Rent or by Homage Fealty Rent and by Suit of Court for all manner of Services or in Burgage and if such Tenant die his issue within age of 14. years then the next freind of the heire to whom the inheritance cannot descend shall have the Ward of the Land and of the Heir till 14. years and then give an account to the Heir of the profits taken but this Gardian shall have his reasonable allowance for his costs and expences Littleton fol. 22. See Natura Brevium fol. 97. 8. Releife by Soccage is as much as the cheif Rent is by the yeare which he payes to his Lord and this is due forthwith after the death of his Tenant in Soccage so that the Heire be past his age of 14. yeares Littleton fol. 24. 9. And if Land be held by Knight Service and his Tenant dies his Heire of full age the Releif is due to the Lord and if he hold by an intire Fee of a Knight the Releife is one hundred shillings and if he hold by the halfe of a Fee fifty shillings and so according to the rate Littleton fol. 21. and all these profits are inquirable 10. Also if any Rent Custome Rent not paid or Service be withdrawne which ought of right to be made by whom it is with-drawne and what Custome and Service it is and in what Bailiffs time it was with-drawne and where the land is that the Lord may distrain for the Arrearages and what Rent that is and how many years it hath been with-drawn 11. Lands concealed Also if any Land of the Lord be withdrawne or used by any without license of the Lord by whom it is and how much Land hath been so used and of what value by the yeare that is is inquirable 12. Also if any Villaine of the Lord be and what Goods Villaine Chattels and Lands he hath what estate he hath in them that the Lord may seise them and what other things he hath And if any Villaine withdraw his Goods out of the Lordship without license of the Lord or if a free man marry a Villain woman without the license of the Lord it is inquirable Note If a Villaine purchase Lands and doe not alien them before the Lord enter into them the Lord shall have them
Otherwise it is if the Villaine alien them before the entry of the Lord the same Law is of Goods Litt. fol. 33. â—but the Lord cannot seise the Goods which a Villain hath as Executor Litt. fol. 35. If a Villain be made a Chaplaine Secular the Lord may seise him as his Villaine and his Goods but otherwise it is if he enters in Religion Or if a Free man espouse a Villaine Woman without the license of the Lord or by that this is inquirable If a Villain dwell in ancient Demesne of the King which is in the Kings hands and hath dwelt there by a yeare and a day the Lord cannot seise him nor shall have a Writ of Nativo habendo so long as he dwelleth there But if the Lord claime him within the yeare that hee cometh into ancient Demesne and so makes his claime within every yeare and 〈◊〉 day then the Villain shall not take advantage by his being there and if the Villaine dwell in another Mannor of ancient Demesne which is in possession of another then the King the Lord may seise him Fitzh fol. 79. a. and from thence-going that the Lord may make his claime if he goe in ancient Demesne is inquirable Also if any of the Tenants of the Lord be dead without Heire generall or speciall Escheat then the Lord shall have his Lands by Escheat or if any Tenant seised in Fee be attaint of Felony by Outlawry Verdict or otherwise the King shall have yeare day and waste and after the Lord by Escheat and is inquirable Or if a Bastard purchase Land and dye without issue of his body the Lord shall have his Land by Escheat And note That none shall have Lands of Fee-simple as heire to any man unlesse he be heire of the whole blood Littleton fol. 2. And if the Tenant be disseised and dyes without heire the Lord shall have the Escheat 14. Common Also if any which hath no Common without number charge the Common with more Beasts then he ought to doc according to the quantity of his Land or if he which hath Common appendant not Common appurtenant put into the Common Beasts which are not commonable as Hogs Goats and Geese or if any digg in the Common unlesse it be for Gravell for the high waies and fill it againe or maketh other trespasse in the Common or use the Common in any other manner without the license of the Lord but to take his Common with the mouth of his Beasts or if any digg Turffs or make other trespasse upon the waste or build any house or make inclosure of any part of it it is inquirable 15. Also if any Tenant within this Mannour Rechasing which hath two Farmes one of them within this Mannour the other within another Mannor and at the time when the Feilds and Meadows within this Mannour are layd open he brings his Beasts within this Mannor which he hath kept upon the Farme of another Mannor and by this surchargeth the Tenants within this Mannor this chasing and rechasing is inquirable 16. Mortmaine Also if any Tenant of this Mannor hath aliened any of his Lands in Mortmaine that is to a Religious house or to a Bishop Parson Vicar and to their Successors or to any other Corporation where that shall go in succession that is to say To them and their Successors without the license of the King and the Lord of the Mannor it is inquirable That the Lord may make his claime within a yeare according to the Statute Note That by the Statute of Religiosis the Lord may enter within one yeare after the alienation and if the cheife Lord immediate be negligent and doe not enter upon this Fee within a yeare then it is lawfull to the next Lord of that Fee within the halfe yeare following to enter and at the last the King And if any make a Feoffment to one to the use of a House of Religion or to the use of a Company or Brother-hood this is Mortmaine The same Law is where one exchanges with a Corporation that is Mortmaine also if any religious person hold of any man by Rent-service and the Lord releases to him this is Mortmaine 17. Who is Tenant Also if any Tenant by Charter alien his Land and hath not given notice of that to the Lord and the Alienee hath not made fealty to the Lord nor Suit of Court that the Lord may have knowledge who is his Tenant it is presentable for that he may know upon whom to make his avowry and of whom to have his Services and Escheats 18. Waste Also if any Termor for years or for life of any parcell of the Demesnes of the Mannor hath made waste in any House Lands Woods or Gardens you shall present that or if any holds two Tenements and hath wasted one as if he remove Trees from one to the other that is waste 19. Trespasse Also if any Trespasse be made in any Demesnes of the Lord that is to say In the Corn Grasse Meadowes Pastures Wood Hedges Waters or if any Fish within his Rivers or Waters or if any Hauk or Hunt within the Demesnes of the Lord without his license or within his Warren these are presentable 20. Trespasse Also if any take any Hony or swarms of Bees within the Demesnes of the Lord or take any Haukes or Aeiry of Haukes these are inquirable 21. Also if any Bailiff or Officer make any arrest for Rent Rescous Custome or Service due to the Lord and Rescous to him is made you ought to present the name of him which made the Rescous and where and when it was 22. Pound breach Also if any distresse be put in the pound of the Lord and be taken out without authority of Law this is a Pound-breach and is inquirable 23. Removeing meer-stones Also if any remove or take away any meerstones or stakes between this Lordship and another or between Tenant and Tenant you ought to present that 24. Encroch Also if any hath incroached any of the Lands of the Lord scilicet Land Meadow Pasture Wood Furse Moore or any other vacant Land without the Lords license by burning his Hedges Pale or otherwise that is inquirable Note that all the void Land and Waste within the Mannor is to the Lord of the Mannor 25. Also if any within this Mannor Husbandry suffer any House of Husbandry with which was occupied twenty Acres of Land to decay and to take from it any Land the Lord of whom this is held Rast Husb. 1. and 6. shal have the halfe of the profits of this to his owne proper use till that be maintained again for Husbandry 4 H. 7. chap. 19. and 5 Eliz. chap. 2. and that for the benefit of the Lord is inquirable 26. Also if any Tenant hath inclosed any Land Common and keeps that in severalty which was wont to lye open without the license of the Lord and
other Free-holders that is also inquirable for that no Tenant of the Lordship shall loose his Common in that 27. Also if any keep and withdraw any Evidences Evidence of the Lord. Court Rolles Rentalls or Evidences pertaining to the Lord of the Mannor is inquirable 28. Also if any thing pained before to be done Punishment and is not yet done in whose default that is and you ought to present his name 29. Also if any Coppy-holder Coppy-holder lets his Coppy-hold Land for longer time then for a yeare and a day without surrender unlesse it be by the custome that he may let for longer time and if he do it is a forfeiture and inquirable 30. Also if any Coppy-holder make a change of the possession of his Coppy-hold for Charter Land or otherwise that the Lord may have any disadvantage in mending of one and impairing of another that is inquirable 31. Also if any Coppy-holder alien any of his Coppy-hold by Deed and make livery of Seisin acording to the Deed it is a forfeiture and inquirable Lit. fol. 14. 31. Also if any Coppy-holder cut any Tree which is a Hedg-row without license of the Lord is a forfeiture if not by the custome of the Mannor used time out of mind c. This Coppy-holder hath used to cut his Trees and Wood at his pleasure it is inquirable 33. Also if any Coppy-holder which hath not his Wood by custome of the Mannor to himself but his Lord hath that there if he lop or top any Trees of his Coppy-hold in unseasonable time by which that starveth that is a forfeiture and is inquirable Note that Tenant at will by the Common Law may take House-boote Hedg-boote and Plough-boote and cut that in seasonable time and so may Tenant by Copy of Court Role do of a Coppy-hold 34. Also if any Coppy-holder suffer his House which is Coppy-hold to decay and fall down or do not repaire that but suffer that to be uncovered by which there is wast that is a forfeiture and inquirable if it be not by the custome of the Mannor that they may suffer their Houses to decay and fall down and yet no forfeiture by the custome and also in some Mannors the Tenants may suffer waste in their Houses and also cut their Trees at their pleasures and shall not be punished for it is lawfull by the custome of diverse Mannors 35. Also if any Coppy-holder dye seised of any Coppy-hold who is his next Heir and of what age he is or if any Coppy-holder by the custome of the Mannor hath surrendred any Coppy-hold into the hands of the Bailist or any Tenants after the last Court to the use of another for of every such surrender the Lord ought to have a Fine and the parties in whose hands the surrender was made ought to come to the next Court and present the same surrender so taken and give it into the hands of the Lord to the use of the Alienee or otherwise he ought to forfeit his Coppy-hold if he have not a reasonable excuse insomuch that he doth not bring in the surrender by him taken but doth what lieth in him to make the Lord loose his Fine and also to dis-inherit the other party to whose use the surrender was made 36. Also if any Tenant which holds by Harriot service or Harriot custome dye seised of any Land or Tenement so held and that a Harriot is due to the Lord and also if any such Tenant hath aliened any parcell of his Land so held the Lord shall have for every of their severall parts diverse Harriots at their severall deaths as if a man hath two parcells of Land held by Harriot service and by severall Titles and dye seised of the same the Lord shall have two Harriots and also you shall present if any Harriot be carried out of this Lordship by whom it is and where they are 37. Suit to the Mill. Also you shall inquire if any Tenant of this Mannour which ought by reason of his Tenure to make Suit to the Lords Mill do make his Suit there or not 38. Also you shall inquire if any one have fished souled hawked or hunted within this Mannor or within the Demesnes of the Lordship without license of the Lord and present their names 39 Also if any hath taken Pheasants or Partridges in their nests or the egges of them within the Demesnes of the Mannour or the egges of the Swans of the Lord and present their names 40. Also you shall inquire if all the defaults and plaints which were presented at the last Court were sufficiently amended or not and if all the Lawes and Orders before by you made be observed and kept or not and further you shall inquire of all other things which in your consciences you beleive to be convenient to be inquired of and you shall bring in your Verdict in writing such an hour And now you may depart and inquire of your Charge having regard to that which you have sworn and note that you keep well your Oath Hawkers and Hunters WEst 1. ch 1. forbiddeth that none shall chase in anothers Park nor fish in anothers River and if he do he shall be imprisoned and fined and if none will sue the King shall have the Suit as in a thing made against the Peace and the King shall make inquiry from year to year c. Fitzh 67. D. Westm 1. chap. 20. It is provided for Offenders in Parks and in Rivers that if any of them be attaint by the Suit of the Plaintiff it shall be accounted good and amends made according to the manner of the Trespasse and shall have imprisonment for three years and then shall be fined and if he hath not to pay a Fine he shall be banished or out-lawed and if the party sue not within the yeare the King shall have the suit 39. H. 7. chap. 11. If any person not having a Parke Chase nor Forrest keep any nets called Deer-Hayes oâ— Bucâ—stalls or stalk with bush or beast in anothers Park Chase or Forrest without license he shall forfeit ten pound to any person which will sue for the same 31. H. 8. chap. 12. Where Hunters in the day or night with vizards or painted faces it was felony now it is not 5. Eliz. c. 21. Every one which wrongfully taketh Hawks or their egges by night or day and be convict shall pay treble damages and suffer imprisonment three years but these Statutes aforesaid are not inquirable in a Leet 43. Ed. 3. fol. 24. Trespasse why by force of armes his Deer price forty shillings where it was wilde he took and the Writ abated 18. Ed. 4. fol. 14. the same 3 H. 6. f. 58. Trespasse he entered into his Warren and took a 1000. hares and doth not say his yet it is good Fitzh 86. L. 89. R. Trespasse lieth by force of arms the young hawkes of his hawkes price so much he took and why he entered his Warren
and took Hares Coneys and Pheasants and not his and good for he hath no property 22. H. 6. fol. 65. Doctor Student fol. 9. None hath property of Birds Fowle wilde Beasts of Forrest and Warren yet the eggs of Hawks Herons and such like are to them which owe the Land Fitzh 67. No man shall be taken and imprisoned for Vert or Veneson if he be not found with the manner or indicted Nat. bre fol. 41. the same See Britton fol. 84. 18. Ed. 4. fol. 14. Where a man licenses me to hunt and kill a Buck in his Park my servant cannot come in by my commandment for the license shall be strict to him to whom it is given 2. Ed. 4. fol. 5. Trespasse one cannot justifie by license of a Keeper to kill a Deer 16. Ed. 4. fol. 7. Trespasse by force of armes he broke his Dove-house and took his Pigeons in the same and good but not abroad when they are out and have no mark and are in the fields 38. Ed. 3. fol. 12. Trespasse for entering into his Warren and took his Pheasants it was held that if the Defendant fly a Pheasant in his own land out of the Warren and his Hawke fly and kill in anothers Warren his entry into the Warren is a wrong Treheron in his reading shewed that Forrest ought to be by Commission and Proclamation and that a common person cannot have a Forrest that is to say cannot make a Forrest nor use Forrest-Lawes as it is said And to a Forrest there are divers Officers and to this is incident a Court of Swannimote but a common person may have a Chase or Park by Grant or Prescription and Forrest-Lawes shall not be to a Chase nor Court of Swannimote the Statute of 13. R. 2 is not inquirable in a Leet but before Justices of Peace that is to say that it is that no Artificer nor Lay man which hath not Lands to the value of forty shillings per annum and no Clark which is not advanced to ten pound per annum shall not keep a Harrier or other Dog to Chase nor shall use Ferrets Hayes Nets Harepipes nor Cords nor other Engines to take or to distroy wilde beasts upon pain of imprisonment for a year yet it is inquirable in a Court Baron if any hunt or hawke within a Park Chase Warren or Demesne Lands of the Lord of the Mannour without his license and for that something of that shall be said 12. H. 8. fol. 3. Trespasse lieth for taking a Hound or Deere out of the possession of the Plaintiffe and hath possession and not property 12. H. 8. fol. 10. One hath but possession of a Deer and if they go out catch that catch may and if any Hawke kill a Pheasant in your Land it seems that I shall have the Pheasant and yet it seems that one cannot hunt nor hawke in anothers Land 10. H. 7. fol. 30. Account lieth against a Keeper for the Deer for he hath possession as a Bailiffe one may grant liberty to one to take every year a Deer or to the Keeper the shoulders of them killed 13. H. 7. fol. 10. Where a Deer is given to one he may bring in his servants to take it for otherwise peradventure he cannot serve his Warrant 13. H. 7. fol. 13. It is said If one hath license to chase he cannot kill 18. Ed. 4. fol. 14 15. H. 7. fol. 16. Fine for hunting shall be greater then the trespasse 21. H. 7. fol. 30. It is lawfull for one to kill a Hart out of the Forrest though he be proclaimed 12. H. 8. fol. 4. saith That one may distrain a Brache doing damage which enters into my Close to chase 2 Ed. 3. tit distresse 20. 48. Ed. 3. fol. 8. He that hath land adjoyning to a Chase may hunt Deer out of his ground with a little Dog but not with Begles and by some if the Dog follow them into the Chase and the owner drives them back yet if they kill the beast trespasse doth not lye Seek 18 H. 6. f. 22. Held that if a man goe in the way adjoyning to a Park and his Dogs break his Leash and kill a Deere in the Parke against his will and he call them back he shall not be punished but it seems that if he doe not what he can to hinder them it shall be a trespasse Fitzh 19. If one incite or procure his Dog to bite a man he shall have his trespasse upon that Assise IN so much that an Assise is brough of a Copy-holder some thing is to be noted to you touching Assises And first I intend That if a Copi-holder of Inheritance dyeth seised of a Copi-hold and his heire enter as he may though there be no Court kept and he not admitted and be outed by a stranger of that dissâ—isic he shall have a Plaint in nature of an Assise Seek for it is 13 Eliz. by the Justices If Tenant by Copy of Court Roll dye seised and his heire enter and take the profits he is no trespasser though the Lord hath not admitted him Tenant and though no Court were held there in seven yeares and further there said that it was adjudged in the Chancery That if Tenant by Copy of Court Roll hath issue two Daughters by diverse Women and they enter and take the profits and one dyes before any Court held now her Cozen collaterall ought to Inherite as heire to her and not the other Sister as heire to the Father which proves that this was a seisin according to their Custome The same Law is if a Copl-holder be admitted and after is thrust out by another or if another be admitted to it and by this he that was first admitted is thrust out by him which was secondly admitted the first Admittee shall have a Plaint in nature of an Assise of that disseisin Plowden Com. fol. 528. Parson before Induction cannot grant an anuity for he hath no possession so it seems if a Copi-holder dye seised his issue shall not have an Assise before admittance Fitz. 177. a. Where Tenant for life in Fee simple or Fee taile is disseised of his Lands and Tenements or outed of that against his will this is disseisin and he shal have an Assise of novel disseisin Nat. brevium fol. 107. Fitz. 195. c. Where my Father or my Mother my Brother or my Sister or my Unkle or my Aunt or Nephew or Neece dye seised of any Lands or Tenements or of Rents of an Estate of Fee simple now if a stranger take possession of this Land or Rent after their death I which am their heire shall have an Assise of Mortdancester Nat. brevium fol. 118. So for a Copi-hold in Fee If my Father Mother Brother or Sister Unkle Aunt Nephew or Neece dye seised of that and a stranger enters I shall have a plaint and make protestation to Sue in nature of a Mortdancester and upon disseisin as above in nature of an Assise of novel Disseisin
tenant praies the Assise upon the title and upon that the Assise is awarded the Assise cannot finde other title for the Plaintiff but he may finde matter which may stand with the same title to inforce it but if the title be traversed he cannot finde another title but only the point put in the Assise 28 book of Assises 17. An Act of Parliament Fine or Recovery are of such a force that if one be bound by them the Plaintif cannot make title to this Land unlesse by reason of a title to him grown of later times As if one recovers against me or my Ancestor and hath execution and after Lenten and dye seised my Heire shall not make him title by his discent against the Recovery without shewing he hath title after the recovery the same Law of a Fine see 10 H. 7. fol. 5.32 H. 6.5 and 33 book of Assises fol. 19. Pleas in Barr and in Abatement IT seems a feoffment of the Plaintif is no Plea in Barr for that amounts to no wrong nor Desseisin 2 H. 4. fol. 20. the same 15 Ed. 4. fol. 11. 18 Ed. 4. fol. 11. A Lease for yeares or for life the reversion to the Plaintif or a feoffment of the Plaintif with warranty and rely upon the warranty is a good Barâ— Abridgment of Ass fol. 31. The tenant may plead that partition was made between the Plaintif and J. S. whose Estate he hath and it is a good Barr. 30 H. 6. fol. 1. Assise the tenant saith that the Lands put in view and in plaint are in another Town and if it be found no tenant of the Free-hold named in the VVrit c. By the Court he shall not have the second Plea for none may say that the Land is in another town but the tenant and so hath accepted the tenancy by his Plea 30 H. 6. fol. 7. Assise the tenant saith that T. B. was seised and disseised by W. W. to whom T. B. made release and against his own Deed disseised W.W. and infeoffed five persons which infeoffed the Plaintif upon which W. W. re-entred whose Estate the tenant seised hath it is good see Pleas in Barr Tit. Abridg. Ass fol. 30. Abridgement Assise fol. 41. If the Plaintiffe choose one to be his tenant of all where he is not the Writ shall abate Abridgement of Assise fol. 42. A man cannot plead in Assise that there is another hanging to which he hath appeared unless that he take the tenancy upon him and for that it is no Plea for the Disseisor Bridgement Ass 44. Death of one of the tenants shall not abate the Assise but for the portion if he be a Disseâ—sor and tenant of another parcell 27 Ass 45.40 Ass 15. Abridgement Ass fol. 43. Assise of tenements in D. and S. the tenant sayes that all is in S. if that be so the Writ shall abate for he cannot abridge a whole Towne but see now by the Statute of 21 H. 8. chap. 3. where he may abridge Abridgement of Ass fol. 45. Assise of Lands in D. is no Plea if there be two Dales for that the Plaintiff shall recover by the view of the Jury 29 Ass 59. Abridgement of Ass 106. Assise tenant pleads in Barr and after the Jury hath the view he leaves his Barr and pleads to the Assise Plaint in Assise PLaint of profits of an Office though it hath no form it shall not abate as first it ought to suppose disseisin and after shall make title and though it were not so it shall not abate 12 H. 6. fol. 22. Plaint of a Croft is good but Precipe of a Croft is not good Abridgment of Assise fol 130. b. and 8 Hen. 6. fol. 3. Time of Ed. 6. Brook tit False Latine and forme 66. Wood was put before Pasture in a Plaint of Assise and exception thereof taken yet good though it were contrary to the Register by the Commentaries fol. 169. Plaint of a Croft and was amended 14 Ass 13. and 25 Ed. 3. tit 25. the same Brook demand 17.34 Plaint of a peice of Land containing in length twenty feet and in breadth ten and is good 14 Ass 13. and 9 H. 4. fol. 3. the same Plaint by the Governour of an Hospitall it shall be of a House and not of an Hospitall 8 Ass 29 and Assise 137. Plaint of two parts of Salt Coot is good ninth Book Ass 12. Plaint of a Garment or thirty shillings though it be uncertaine for that it is according to the Deed it is good 11 Book of Ass 8. Plaint in Assise of a Garden lyeth but not a Precipe 22 Ed. 3. tit 22. 5 Ed. 2. Brook demand 39. and Fitzh breife 797. Plaint was of a Mill and doth not say a water-Mill nor VVinde-Mill yet good 21 Assise 23. Plaint of a Garment and the specialty is of a Garment with furr and the plaint good for the Garment conteines all 22 Ass 10. Where the Plaintiff may abridge in Assise and in what other Actions he may abridge and how IN a VVrit of ward the VVrit is of the custody of the Land and Heire and is not certain and for that he may abridge as he may in assise and VVrit of Dower 39 Ed. 3. Tit. Breif 10. and 32. In trespasse the VVrit is of Goods and Chattells and hee counts of Corne and ten pounds and for that that Money is not Goods and Chattells he abridged it see 8. Tit. abridgment 11. which saith that he ought to expresse the Money in the VVrit and for that he did not he abridged 39 Ed. 3. Tit. Breife 11. In all cases where the VVrit is of a Free-hold and uncertain he may abridge by June as in assise of Dower and a VVrit of ward 14 H. 6. fol. 4. In ward for that the Demand is not certain but of the custody of the Land and Heire therefore the Plaintif counts of the Mannour of D. and twenty acres and the Defendant saith that the twenty acres are parcell of the Mannor the Plaintif may abridge the twenty acres 39 E. 3 f. 10. Brooks abridgment 10. Assise of Land in great Dunmowe and little D. you cannot abridge all in one Town 8. H. 6. fol. 56. Assise and in Dower he may abridge but he cannot abridge a whole Town 14 H. 6. fol. 4. Assise where a plaint is of a Mannor he cannot abridge for that it is entire 19 H. 6. fol. 13.33 H. 6. Tit. abridgment 2. Assise plaint of Rent and Land after that the Tenant hath pleaded in Barr the Plaintif shall abridge in right of the Land 14 Ass 9. Plaint abridge in attaint Rast Assi 17. 35 H. 6. fol. 13. Assise of Common in forty acres the Plaintif cannot abridge for that that the Common is Intire but at this day it is contrary by the Statute of 31 H. 8. chap. 3.29 Ass 10. Plaintiff in every Assise at his pleasure may abridge and for that also by the Statute may abridge where the plaint is of a Mannor 21 H.
forfeit Littleton f. 15. If a man lets a Mannor for years in which there are copy holders and after a copy-holder dies surrender and admittance by the Lord the termor in Court of that Mannour is as well as if he had the fee simple 4 Mar. tit Copy Br. 1.7 Copy-holders shall not have false Iudgement for then they shal be restored to the freehold or shal not lofe the free-hold but ought to sue by Bill that is to say by Plaint in Court 7 Ed. 4. f. 19. the same Littleton f. 16. They shall not be impleaded by the Kings Writ but by Plaint in the Lords Court in nature of what tâ—â— VVrit will Nat. Brevium fol. 16. Coppy-holders have an Estate of Inheritance according to the custome of the Mannors yet they have no Free-hold by the course of the Common Law Littleton fol. 16. Tenant by Copy shall make scalty to his Lord and Tenant at will by the Common Law Lit. fol. 17. It is said though Coppy-holders have Inheritance according to the custome yet they have but an Estate at the will of the Lord according to the course of the Common Law and cannot have Frespasse against their Lord yet they may bar their Lord in trespass brought by the Lord against his Coppy-holder as it appears lit f. 15. and 16. Tenant by the Verge in ancient Demesne LAnds hold by the Verge are not pleadable by the Kings Writ but by Bill for that that the Free-hold is in the Lord but there is a diversity between plow-holders of frank tenure and Plow-holders of base tenure which are dwelling in ancient Demesne for Plow-holders of Free-hold are pleadeable by a Writ of Right close but Plow-holders of base tenure are those which hold by Verge at the Will of the Lord and the Free-hold is in the Lord and are not pleadable by a Writ of Right close 14 H. 4. fol. 1. and 34 Fitzh fol. 14. C. Tenant by coppy which holds by the Verge in ancient Demesne commits Felony and was attaint the King hath yeare day and waste for that that the Free-hold was in the Tenant in ancient Demesne and yet they have no other evidence then copies of Court Roll otherwise it is of meere Coppy-holders which are out of ancient Demesne for the Free-hold is in the Lord I have seen in the County of North Coppy-holders of frank tenure out of ancient Demesne and have used a Writ of right close and have no other Evidences but by coppies according to the custome of the Mannor but their Coppies are not at the will of the Lord 3 Ed. 3. Tit. Br. 22. Stamford fol. 50. Fitzh 11. Coppy-holder of a base tenure shall not have a Writ of Right close but ought to sue by Bill in the Lords Court Nat. Bre 11. Right close lieth alwaies between ploughholder and no plow-holders may implead another plow-holder of Lands within ancient Demesne unless by this VVrit and shall make his protestation to sue in nature of what Writ he will Britton fol 16â— Calls Tenants in ancient Demosne Plow-holders and saith that Plow-holders are such which gain our Land Fitzh 14. D. Those Tenants in ancient Demesne which hold by the Verge by Coppy at the will of the Lord shall not have Monstraverunt against their Lord. Where a Coppy-holder enters and dies before be was admitted Tenant IT was held in the case of one Horewood that where a Coppy-holder hath a Daughter by one Belly and a Son and a Daughter by another and dies and after the Son enters and dies before admittance that the Daughter of the second Belly shal have the Land for it is a possession of the Brother and so it was adjudged in the case of one Stegnes These Cases following I heard agreed for Law IF Tenant by Coppy surrender generally into the hands of the Lord and it do not appeare who shall have the Land nor to what use the surrender is then the Lord shall be seised to his own use If Tenants by Coppy let for yeares by license of the Lord and after release to the Lessee by these words in the Court remise and release it is void for that it ought to be surrendred into the hands of the Lord and then the Lord ought to grant the Reversion to the Lessee for by Littleton fol. 15. It cannot passe without surrender and yet a Release is used of Coppy-hold in the Court in presence of the Steward If the Lord grant parcell of his Demesne Lands to hold by Coppy to one and his Heires this Coppy is not good but at the will of the Lessor for one cannot make Coppy-hold at this day but that shall be by prescription which hath been demised and demisable by Coppy time out of minde c. But if a Coppy-hold escheate to the Lord or he enter in that by forfeiture and at this day grant that over to J.S. by Coppy this is good Coppy and yet in 13 H. 4. fol. 7. If Lands in ancient Demesne are escheated and the King seiseth them and grants them over to J. S. they are frank fee and not ancient Demesne 6 H. 4. fol. 2. But if a Coppy-hold shall be escheated to the Lord and twenty yeares after that he grants them over by Copy againe they are Copy-hold as they were before for that that this Land hath been demised and demisable time out of minde c. If two be Joyntenants by Copy and one of them makes waste in all the Land that shall not be forfeiture but for his part and also if a stranger cuts Trees and makes waste without assent of the Coppy-holder it is no forfeiture If the Lord of a Mannor to which there are Coppy-holders grant by Copy the tenements of one tenant Coppy-holder without just cause to another Tenant in Fee or for life and the Grantee enter by vertue of that grant this Tenant which hath right and which was admitted before may have a plaint in nature of an Assise of novel disseisin against the Grantee If the Husband surrender into the hands of the Lord to the use of his Wife and doth not say A. his Wife it is a good surrender for she is certainly known by that name the same Law is if one surrender into the hands of the Lord to the use of J. his Son and hath two Sons named J. it is to the use of that J. which it is ment to If Tenant by Copy surrender his Lands by custome of the Mannour to two good men out of the Court to the use of a stranger and that made for Money paid he which surrendred cannot countermand his surrender before the two good men have presented it at the next Court for it is much like acknowledging of a Fine before a Justice of Record but where the surrender is to two to the use of his Wife or Son and not to a stranger for Money paid by one lying in extreamity in perill of death and after he revives he may well countermand his
Court of copy-hold he doth it as Judge and is allowed Judge by the Lord. The same Law is if the Steward which is out-Lawed in a personall action or excommunicated take a surrender out of the Court and at the next Court enter it it is witnessed by the Steward and such a surrender is made and admits him to whose use the surrender was made in full Court though it was not found by the Homage yet this surrender is good If a Judge or a Justice be out of his Wits yet the Fines Judgments and other records which were before him shall be good but contrary the gift of an Office or such like by him for that is a matter indeed and the others are matters of Record for a matter in deed may be avoyded by being out of his Wits contrary of matter of Record 1 Ma. Tit. whilest he was not in his Wits 7. The same Law is if the under Steward takes a surrender out of the Court and at the next Court makes his entry of it at this Court it is witnessed that J. D. surrendred and in full Court he to whose use the surrender is made is admitted this is a good surrender though it be not also it is found by the Homage for when he holds Court he is a Judge between the Lord and the copy-holders and yet 2 Ed. 6. Br. Court-Baron 22. and copy-hold the 26. is if the under Steward holds a Court-Baron and in full Court grants copy-hold without the authority of the Lord or high steward this is good contrary Law where it is done out of the Court for it seems if the under Steward grants copy-holds it is intended that if he admits any out of the Court without authority it is not good for it is the Lord granted by his Steward and not that the Steward granted for he cannot grant And also the high Steward may admit out of the Court by speciall usage and custome within the Mannor used for one which holds by copy of Court roll ought to have his Estate entred in the Court held and his admittance to be entred in the Court and for that if the under Steward or the high Steward which hath no Patent as above take surrender out of the Court and present that in Court and the Tenant be in the Court admitted it is good for it is the Lord by his Steward hath admitted and the admittance makes him a copy-holder and the Entry of that in Court makes him Tenant by copy of Court roll for copy-holder is he which holdeth by copy of Court roll so where one admitted in Court and the Lord allowes a Steward is good If a copy-holder of an Estate in fee according to the custome of the Mannour by license of his Lord let for twenty yeares rendring forty shillings yearly he may have an action of Debt in the common place for this Rent or as it seems he may distraine and avow and yet the avowrie is in the nature of an action reall and it seems no doubt if the Rent be reserved by Deed Indent but that he may distraine and avow and yet if he to whose use before the Statute of 27 H. 8. lets by Indenture for yeares rendring Rent he to whose use shall have Debt for that Rent but he cannot avow and if the Lessee in this case make waste he to whose use shall not have an action of wast 26 H. 8. f. 8. The same Law is where a copy-holder by the custome of the Mannour is not punishable for waste by license of the Lord makes a Lease for thirty yeares and the Lessee makes waste the copy-holder shall not have a Writ of waste but shall sue in the Lords Court to punish this waste by plaint in nature of an action upon the case If a coppy-holder of an Estate taile by license of his Lord let for twenty yeares rendring the ancient Rent and dies the Issue in taile may enter and defeat the Lessee but if the Tenant in taile of coppy-hold let for forty years by the Lords license and after the Lease makes a forfeiture of his coppy-hold and the Lord seises it and grants that over again by copy to the Tenant in taile and his Heires or to J. S. and his Heires it seems there the Issue of the Lessor nor J. S. nor the Lord cannot enter and defeat this lease The same Law is if a coppy-holder of an Estate taile lets for forty yeares by the Lords license and dies and his Issue surrenders to J. S. and his Heires this Issue nor J. S. cannot enter and defeat this Lease To this Court came T. R. and did demand license of the Lord to demise all and singular his customary Lands and Tenements scituate lying and being within his Lordship to what person or persons the said T. R. pleased to the tearm and for the tearm of 21. yeares next following the date of this Court to which T. R. the Lord gave license in form aforesaid for the Fine often shillings paid in the Court at the view of the Lord of this Mannor And it is used that the Steward in ful Court licenses a copy-holder to lease a copy-hold for 20. or 40. years more or lesse at their pleasure in the absence of the Lord and this seems good for he is Judge in the Court and when he makes it and enters it in the Court roll the Lord cannot enter for forfeiture because of this lease for when the Steward hath entred it that at this Court T. R. craved license of the Lord to let c. to whom the Lord gave license c. the Lord is estopped to say the contrary but that he gave license the same Law is where a coppy-holder is admitted in Court and is entred in the roll to whom the Lord by such a one his Steward granted him Seisin the Lord cannot afterwards gainsay this admittance and this is to be collected of the case aforesaid in 2 Ed. Brok. Court-Baron 22. If a man lets a Mannor for yeares in which are copy-holders and after a copy-holder dies the Termor of the Mannour grants the Land by copy for three lives this is good the same Law is if a Copy-holder of Inheritance surrender in the Court of the Termor of a Mannour to the use of one and his Heires it is good so that the Lord for the time being may take surrender in his Court but in the first case such a Termor of a Mannor cannot let a Copy-hold reserving lesse Rent then the ancient Rent but ought to reserve the ancient Rent or more 4. M. 1. But it seems if a Disseisor of a Mannour be and the Disseisor seises a Copy-hold by forfeiture or Escheate and grants that over by Copy to a stranger and the Disseisee enter in the Mannor this surrender shall not binde the Disseisee and yet if a Copy-holder of Inheritance furrender in the Court of the Disseisor to the use of J. S. and his Heires this is a good
furrender and shall not be avoided by the Disseisees nor otherwise by him which surrender nor by his Heire In pleading of a copy is that the Lord by such a one his Steward did demise and not that the Lord did demise and also that a Woman be alone and privately examined by the Steward and it behoveth in pleading to say by such a Steward and name the name of the Steward and for that it is good order to expresse in the copy and the Court-roll that to this Court came J. S. and Alice his Wife she alone and privately being examined by J. K. the Steward there and to set the name of the Steward to every copy and also to every Court-roll for pleading in divers cases 〈◊〉 the Lord by J. K. his Steward granted him Seisin by a Rod c. 8 H. 5. fol. 4. and 10 Ed. 4. f. 6. Limitation THE Statute of 32 H. 8. chap. 2. extends to copy-holds for the Statute is that none shall make prescription Title nor claim c. above forty yeares c. and that doth a copy-holder and for that is within the Statute 6 Ed 6. Brook Limitation 2. 38 H. 8. chap. 1. Copy-holder which is Tenant in common is not compellable by this Statute to make partition for the Statute gives remedy for one Tenant in common against another by a Writ of making partition and it seems that a Copy-holder is not within the Statute of 27 H. 8. chap. 10. of Joynture of Women for that Statute bars Women which have Joyntures before Marriage to have Dower that is of Lands given in Dower by the Law and not by custome Where a copy-holder by the custome may surrender his Land out of the Court into the hands of the Lord by the hands of two copy-holders or one to the use of J.S. and a copy-holder so makes surrender to two and one dies or both dye before the next Court and yet Homage findes it this is good surrender and J. S. shall be admitted Tenant by copy of Lands of the nature of Gavell-kinde hath Issue two Sons his eldest Son hath Issue a Son and dies seised this Land shall descend to the youngest Son and to his Nephew the same Law is if the Son have Issue a Daughter and dies seised this Daughter and the youngest Son shall have this Land by discent and yet the Statute of Prerog Regis chap. 16. is that Women shall not share with Men. Tenant by copy surrenders to the use of one for life the remainder to the use of one most neere in blood and hath Issue two Sons the eldest hath Issue and dies the Tenant for life dies the youngest Brother shal have the Land and not the Issue of the eldest Brother for the youngest Brother is more neere of blood to his Father then is the â—on of his eldest Son by wich 30 Ass 47. but the youngest Son is not next Heire Where the copy-hold is of the nature of Borrough English and this copy-holder having three Sons surrenders this to the use of his youngest Son in taile the remainder to the use of the Heires of the Body of the Father ingendred and for default of such Issue to the use of the right Heirs of the Father and the youngest Son dies without Issue of his Body it is said that the eldest Brother shall have this as Purchasor Two Joyntenants of one copy-hold are and one surrenders his part to his companion for life this is a severance of the Joynture Lit f. 56. Where the custome of a Mannour is that the youngest Son shall inherit by discent the copy-hold and A. being a Villaine purchase copy-hold there and the Lord seises them and grants them out of his hands by copy the yâ—â—ngest Son of the Grantee shall have this by discent If the tenant by copy of Court-roll hath paid to his Lord more Rent then he ought and the Lord of that Surplusage of Rent was seised by the hands of his tenant yet the tenant shall avoid that in Avowry for he is but tenant at will by the course of the common Law otherwise it is of very tenant of charter land Where a copy-holder in Fee surrenders into the hands of the Lord to the use of J. S. without more all is in the hands of the Lord and the Steward admits J. S. to have and to hold to him and his heirs yet J. S. hath an Estate in Fee and yet the admittance is but allowance of J. S. to be tenant of such Estate which is surrendred but the use is in most courts to enter that it was surrendred to the use of J. S. without more and the Steward enters that the Lord hath granted to him Seisin to have to him and his heirs and taken good but it is better when one surrenders into the hands of the Lord to say and enter to the use and behoof of J. S. for life or to the use and behoof of J. S. and his heirs so that by to the use and behoof the Estate is limited that J. S. shall have it and that makes the admittance accordingly to be good without doubt and yet the other is good for by the surrender all the interest is in the Lord. If the Homagers gives false Verdict in the court of copy-hold the party shall not be bound but he shall traverse that but if such a Verdict be found for the Lord though the Verdict be false yet the party cannot traverse that there but is put to his Petition touching his land or to sue in the Chancery for if the Verdict finde false that waste was made in the Tenements of the Grand-father the Son of the Father shall loose after his land for that it is a forfeiture which runs with the land but seek for it is made by the person of the Father and the Son hath no remedy if the Verdict be true but if the Verdict be false then his remedy is by Petition and by no other remedy in this Court If Tenant by copy makes a Lease for years by license of the Lord and after in the same Court the Tenant will release to his Lessee by such words to remise and release such release seems void for that that it ought to be a Surrender into the hands of the Lord c. as he hath surrendred and released c. Use may be of Copy-holds as well as of Free-hold but the Statute of 27 H. 8. for uniting the possession to the use doth not extend to such tenures Nor he to whose use cannot forfeit the Land by cutting Trees if it were not by the consent and commandement of the Copy-holder If the Lord let severall Copies for one intire Rent and service and the Tenant makes waste in any parcell of them and that be presented in his Court he shall seise all the Copy as it was intirely let A Rent of a Copy-holder may be apportioned as well as another Rent Tenant by copy of Court-Roll in the Court sold
and bargained his copy-hold to J. S. and his heires J. S. was admitted to have to him and his heires according to the custome this is not good for that it wants this word Surrendred Tenant in taile by copy the remainder over to I. S. in Fee surrender his Lands into the hands of two Tenants to the use of I.N. and his heirs and dyes before that be presented and after that was presented and I. N. admitted this is not good but contrary Law if Tenant in Fee had made that surrender and dyed as above Seek By the custome of a Mannor some Lands are copy-hold for three lives and some to them and their heires and the Lord grants by copy that which was for three lives after those three lives ended to one and his heires this is not good but the custome of the Mannor is good though there be severall copy-holders of severall customes The Lord of a Mannor within which are copy-holders and the Lord grants over the Demesnes to I. S. in Fee so that he hath no Court yet it is said that the copy-holders may surrender as before they did And that the Lord by his Grant cannot destroy their surrender and Copies The Lord may avow for Rent of his Copy-holder before admittance where it descends to a copy-holder but he shall not be sworn of the Homage before admittance If the custome of copy-hold be that the Lord may grant for three lives if all dye and then when the land is come into the hands of the Lord he is bound in a Statute and after he grants that over according to the custome this Land shall not be extended upon the Statute And if a copy-holder be bound in a Statute his copy-hold land shall not be extended and if the Lord be bound in a Statute the land of the copy-holder shall not be extended If an Infant be a Lord and admits a copy-holder to him and to his Heires this is good and he cannot avoid that by his Infancy for he is but an instrument to convey that according to the custome and departs with no Estate If a copy-holder will exchange this is not good unlesse there be a surrender and admittance If a Villaine purchase copy-hold and the Lord of the Villaine enter he shall not have possession of the copy-hold till he be admitted Copy-hold shall not be forfeit by attainder of Heresie for â—he blood is not corrupted for the Statute of 5 H. 5. is not to be intended of copy-hold Lands for it is said by the Statute that he shall forfeit his Lands Tenements and Hereditaments and that the Lord of whom the Lands are held shall have the Lands after the King hath yeare day and waste and this is intended of free-hold and not of Copy-hold but if a Copy-holder be attaint of Treason or Felony as it is aforesaid there the Lord shall have the Land for that that the blood is corrupt and so there is none to inherit but by attainder in Heresie is no corruption of blood If a copy-hold be furrendred to my use simply and the Lord admit me upon condition this condition is void for the Lord gives nothing but is an instrument to convey that according to the surrender so if it be surrendred to me for life and the Lord admits me to have to me and my Heires it is not good If a copy-holder of a Mannour takes a Lease for yeares of this Mannour seek if his copy-hold be extinct But if a copy-holder makes a Lease of his copy-hold to his Lord this was held no extinguishment of his copy but a suspension But if the Lord by Indenture make a lease for yeares of copy-hold land to his copy-holder of that the copy-hold is there held to be extinct so if the Lord make a feoffment to his copy-holder of all his Mannour upon condition and after enter for the condition the copy-hold is extinct and if a copy-holder take a lease for years of the Mannour with a remainder over by Indenture this extincts the Copy-hold If a Disseisor be of a Mannor whereof there are copy-holders for three lives and he grant copies for three lives and after the Disseisee re-enter this shall avoid the grant of the copies by the Disseisor But if the Lord of that Mannor make a feoffment in fee upon condition and the Feoffee grants copies for three lives and after the Feoffor enter for the condition broken he cannot avoid the copies If Tenant in taile or in fee of a Mannour will grant Lands by copy which were no copy-hold Lands before and that hath contiuned by divers admittances after as copy-hold and was never interrupted at any time by the Issue in taile but hath been allowed for him so that that hath continued by sixty or eighty yeares this is very good and shall not be ever after avoided but if it may be shewed to have been an Interruptation then it is otherwise 15 Eliz. If a copy-holder surrender to the use of his Wife for life the remainder to him and his Heires and after the Husband surrender to J. D. and his Heires and dies the Wife may enter by Dyer and Mounson Justices and shall hold for life but the Heires of the Husband are bound otherwise it is if the remainder were to the right Heires of the Husband for they are purchasors of this remainder and may enter after the death of the Wife A Copy-holder hath a Son and a Daughter by one Belly and a Son by another Belly and surrenders to the use of his Wife for yeares and conveyes after her death the remainder to his Son of the first venter his Heires and Assignes and dies the Tenant for years is admitted the remainder in form aforesaid the Son of the first Belly dies without Issue before admittance and during the Tearme and Dyer saith that the possession of the Wife of the Termor or of the Guardion is a sufficient possession to make a Brothers possession 16 Eliz. Mounson saith Copy-holders are within all statutes which speake of Tenants for if a copy-holder had not been excepetd in the Stat of dissolution of Monastries the King had had them which Geffrey and Bendlowes granted The Husband by surrender discontinues the copy-hold which he hath in right of his Wife the Wife is put to her Cui in vita and she is not aided by the Statute of 32 H. 8. 24 Eliz. A copy-holder surrenders to the use of his last will and deviseth that his Executors shall sell the Land to J. S. and makes two Executors and dies and one Executor takes a Wife and surrenders to the use of J. S. the Devisee and was said that by the admittance of J. S. that he was copy-holder though that the surrender be made by both the Executors Taile of Copy-hold EState taile may be of a copy-hold and Formedon in descender may lye of that that is to say may sue plaint and make protestation in nature of a Formedon in discender at the
doth not deny his Service it shall be amerced and is no Forfeiture the same Law if his Rent be behinde and he doth not deny to pay it that is no Forfeiture but the Lord may distrain but by Littleton fol. 51. If the Tenant upon demand be not ready to pay Rent Seck or if the Tenant nor none for him be dwelling upon the Land to pay the Rent Seck when it is demanded this denying is Disseisin yet in the case aforesaid I conceive that where a copy-holder makes Default and doth not deny his Services or is not upon the Land ready to pay upon demand this is no deniall which shall make a Forfeiture for Forfeitures are not favoured in Law but to be taken strictly according to the words and that is to be intended upon denying in deed by the Tenant 42 Ed. 3. fol. 25. And it seems that the Lord cannot enter for forfeiture before that that be found by Homage but if a Copy-holder alien by Charter or commits Felony or Treason and be attaint these are Forfeitures without Presentment and the Lords may enter for these are notorious and apparent to be against the Custome but otherwise it seems where a Copy-holder makes waste 12. Eliz. It was said that if a copy-holder will not be sworn of a Juryâ— or alien and make copy-hold Free-hold this is forfeiture for that that the Lord may enter without presentment but for negligent acts as for not doing of service or Suite of Court the Lord cannot seise without presentment by the Homagers and then agree if an Infant do not come within a yeare and day after Proclamation made yet he hath not forfeited his copy-hold and this case was between Hautree and his copy-holder If copy-holder lets by Indenture which is forfeiture and after surrenders to the use of J. S. and he is admitted in the Lord after shall not take advantage of forfeiture for the Homage are not to inquire of any forfeiture but of forfeiture made by the Tenants and he which commits the forfeiture is not now Tenant and admittance to pay his Fine is agreement of the Lord that he admitted shall have that according to the custome that is to say he doing his services shall have that to him and his Heires according to the custome of the Mannour It is said that a copy-holder cannot alien by Deed for if he do so the Lord may enter for forfeiture and so it is the like if he alien without Deed in such manner that the Land may passe as if he lets for life without Deed and makes livery the Lord may enter but if he do not make Livery otherwise it is the same Law it is if a copy-holder bargain and sell his Land by Indenture and do not inroll it nothing passeth by this bargain and for that it is no forfeiture Lit. f. 14. If Tenant by copy of Court-Roll make a feoffment the Lord may enter for forfeiture but this is to be intended if he make a feoffment and makes Livery it is a forfeiture but if he make no Livery the Feoffee is but Tenant at will and it is no forfeiture 11 H. 4. fol. 161. Challenge For that that you try Issues joyned in Court-Baron by assent by inquest of the Homage as you may and not by wager of Law as it is and also in triall of Copy-holds shall be by Oath of the Jury and also for that some Challenges are principals and some are but for favour first let us see what is a principal Challenge PRincipall Challenge is said where it is evident favour as kindred 21 Ed. 4. fol. 11. and 63. Juror is of aliance servant or beares mallice that is to say hath trespasse against him or a Juror is cozen to the Executor which brings the action and yet he shall not recover to his own use and this is a principal challenge c. 20 Ass 11. Where a Juror is Gossip of the Plaintiff it is a principall challenge and he shall be drawn off by the challenge 2 H. 4. fol. 16.4 Ed. 4. fol. 1. the same 19 H. 6 fol. 66. Contr. 6 H. 6. fol. 40.40 Ass 20. That the Plaintif was retained with a Juror that is that the Juror was master of the party is a principal challenge 2 H. 4. fol. 14. That the Jury hath past before for parcell of the same gift in Formedon is a principal challenge if he shew record of that otherwise it is but favour 8 H. 5. fol. 11. and 7 H. 4. fol. 11. the same If a Juror after he is impannelled eate at the Plaintifs costs or take Money for his charges it is a principal challenge 13 H. 4. fol. 14. 22. R. 2. Chal. 177. 8. Ed. 3. fol. 69. Where Land is demanded and the Juror is cozen within the ninth degree it is a principal challenge 41 Ed. 3. fol. 9.14 15 Eliz. Plowd 426. It is a principal challenge that the Juror held of J. S. that holds over of the Plaintiff 13 H. 6. Statham Where a Juror hath a Lease of one party and though he hath granted his Interest to another yet he is within the Distress of his Lessor to the using an Action of Debt for the Arrearages and for that is a principal challenge 44 Ed. 3. fol. 5.44 Ass 23. Trespass the Defendant saith it was the Free-hold of J.S. and justifies as Servant of J. S. it a principal challonge that the Juror was within the distresse of J. S. to E. 4. fol. 11. B. Trespasse where the Defendant justifies as Servant to the Lord Dacres it was a principal challenge that the Juror was within the distresse of one which held of the Lord Dacres 15 Ed. 4. fol. 18. It is a principal challenge that the Juror is cozen to the Wife of the Defendant for that that the Issue of the Wife may be Heire to the Juror 8 H. 6. fol. 15. That the juror at another time had past against him in the same Issue if he shew the Record it is a principal challenge and otherwise but for favour 11 R. 2. Tit. 106.21 Ed. 4. fol. 74. before 7 H. 4. Juror was challenged for that that at another time he past against the Plaintiff for the same Debt which was reversed by Errour and for that that he did not shew the Record it is no principal challenge 33 H. 6. f. 1. It is a principal challenge that the Juror was chosen arbitrator for one party but otherwise it is where he was chosen indifferent for them 3 H. 6 fol. 24. That the juror held of a Mannour whereof the reversion is in the Plaintiff is a principal challenge 10 H. 7. fol. 20.49 Ass 1. That the juror was of Councel with the Plaintiff and hath taken his fee this was the challenge and 7 H. 7. f. 10. that it is no principal challenge It is a principal challenge the Sherif or Bailif which makes the Pannell is son in Law to the Defendant 9 Ed. 4 f. 49. Those which have
yet the Land shall be ancient Demesne as it was before By Knivet Fine levied in ancient Demesne is nothing worth for it is no Conrt of Record but common recoveries are used there to cut off an intaile 50 Ass 9. No Land may be pleaded there by right close and not else where How Land in ancient demesne is made frank Fee for a time and how for ever DUring the time that Lands in ancient Demesne is in the hands of the King it is Frank Fee but if the King grant that over to hold of the Mannor againe it is ancient Demesne againe 21 Book of Ass 13. If Recovery or Fine be in Common Bench of Land in ancient Demesne the Land is Frank fee till it be defeated by the Lord by Writ of Deceit and when that is defeat it is void to bind the parties 8 Ed. 4. fol. 6. See 3 H. 4. fol. 6. accordingly If the Tenant in ancient Demesne enfeoffe his Lord of the Mannour being common person and not King the Lordship is Frank see for ever 9 H. 6. fol. 24. B. 3 H. 4. fol. 16. the same Where the King gives Land of ancient Demesne to hold in Franke Almaigne that is Franke fee 6 H. 4. fol. 2. Where a Fine is in common Bench of Land in ancient Demesne is Frank fee so that after if a Recovery of that be in ancient Demesne it is void and before not a Judge 7 H. 4. fol. 3. B. 7 H. 4. fol. 29. the same If the King was once seised of Land in ancient Demesne and lett that for life it is Frank fee for the time 11 H. 4 fol. 84. Where Land in ancient Demesne is forfeit to the King by attainder and the King grants that over to another and his heires now they are Frank fee for ever 13 H. 4. fol. 7. Where a Fine is levyed of Land in ancient Demesne in the Common Bench the Lord may defeat that by a Writ of Deceipt and yet if he to whom the Fine was c. hath a Release with confirmation of the party made after the Fine his Estate is good notwithstanding that the Fine be defeated Fitzh 98. a. The Lessor by his confirmation to his Tenant may make the Land in ancient Demesne Frank fee but if he confirme to hold by meaner services it is no Frank fee 30 Ed. 3. fol. 16. Where Land in ancient Demesne Escheats to the Lord for that that the Tenant dyes without heire generall or speciall are Frank fee for ever for he holds them now of the Lord Paramount 18 Ed. 3. fol. 19. If the Tenant in ancient Demesne answer the action in Precipe in the Common Bench yet it is no Frank fee before Judgement given 2 Ed. 4. fol. 26. The Lord by his confirmation may alter the tenure but not the estate of the Land where he confirmes to hold at the Common Law 49 Ed. 3. fol. 7. Fine at the common Law recovery or where he is in by the Kings Charter or by feoffment of the Lord these prove the Land frank Fee and not ancient Demesne Fitzh fol. 13. C. If the King be seised of Land in ancient Demesne this is Frank fee but if the King demise it to another the Land is ancient Demesne again 17 Ed. 3. fol. 52. A man recovers in ancient Demesne Lands which were at the common Law against a man by Verdict of a Jury and he against whom the recovery was brought an Assise upon that and awarded that he should recover Seisin 30 Ed. 1. Tit. Assise 379. Note the tenure and tryall of ancient demesne and who shall plead ancient demesne LAnds which are ancient Demesne are Soccage Fitzh fol. 11. Tenants in ancient Demesne are those which hold of the Mannors which were in the hands of Saint Edward the Confessor at the time that the Book of Doomsday was made but the Lands written in that Book to be in other mens hands are not ancient Demesne Fitz. 16. E. All the Lands which were in the seisin of Saint Edward the Confessor when the Book of Doomsday was made are called ancient Demesne and the Lands in other hands c. Frank fee Natura brevium fol. 14. If the Land be ancient Demesne or not shall be tryed by the Book of Doomsday 49 Ed. 3. fol. 22. In Monstraverunt Assise The Tenant pleads that the Land was ancient Demesne and it was tryed by Assise in the Book of Notting and also North. 8 Ed. 2. Statham fol. 20. Triall of ancient Demesne is by the book of Doomsday and by that it was certified that London was not ancient Demesne 7 H. 6. fol. 34. In Assise of Mortdancester ancient Demesne was tried by the Country 8 Book Ass 35. 9 Book Ass 9. the same In Assise the tenant saith that it was parcell of the Mannor of B. which is ancient Demesne and the other saith that it is not parcell and upon this at issue and that was tryed by Assise 12 Book of Assises 18.22 Book of Assises 45. the same Assise none shall plead ancient Demesne but he which is Tenant and not the Disseiâ—or 21 Book of Ass 2.41 Ed. 3 tit 22. the same If Land be in the book of Doomsday written under the Title Land of the Bishop and not Land of the King yet though it be in the book of Doomsday it is no ancient Demesne 40 Ed. 3. fol. 45. Form of Pleadings that the Land is ancient Demesne and how he shall sue for ancient Demesne and for Copy-hold in ancient Demesne BY Prisot he which pleads ancient Demesne shall say that the Land is held of the Mannor of D. which is ancient Demesne and pleadable by a petty VVrit of Right close from time out of minde and demand judgment if the Court will acknowledge 36 H. 6. fol. 18. 3. H. 6. fol. 48. But see by Thirne and granted that frank Fee may be held of a Mannor of ancient Demesne 11 H. 4. fol. 85. Precipe the Tenant saith that the Land was parcell of the Mannour of D. which is ancient Demesne and pleadable by petty VVrit of right close time out of minde and demand judgment if the Court will acknowledge and it is no Plea for the Demandant to say to that that it is frank fee for that that it doth not gainsay but that the Mannor is ancient Demesne and that this is parcell but he ought to plead specially how it is become frank fee 41 Ed. 3. f. 22.12 Book of Ass 16.22 Book of Ass 45. Right close lieth alwaies between Plow-holders and no Plow-holder may implead another Plow-holder of Lands in ancient Demesne unlesse by this VVrit and shall make in this his protestation to sue in nature of what VVrit he will as his case is Nat. Brevium fol. 11. They call Tenants in ancient Demesne Sokemaines Britton fol. 105. Copy-holder of base Tenure shall not have a Right close but ought to sue by Bill in the Lords Court but copy-holder in ancient Demesne of free-tenure
the Husband may alien all or part without the Wife and then shee cannot claime Dower Custome in some Mannor is Heire among Copy-holders that the youngest Son shall inherite as in Borrough English and if he have no Sonne his younger Brother as at Edmonton Custome of some Mannor is Heire that all the Sons and all the Brothers shall inherite together as in Gavel-kind at Islington Custome of some Mannor is Heire That if the Tenant dyes seised of five Acres or lesse then the youngest Son ought to inherite but if it be above then all the Sons as in Gavell-kinde ought to inherite Custome of some Mannor is Clivenor If a Copy-holder surrender his Land to the use of a stranger that before the stranger be admitted Proclamation shall be made in the Court thereof and if the next of the blood will come in or Clivenor Land mark those next adjoyning to the bargaine from the East of the Son and will pay so much for the Land surrendred as hee which made the bargaine ought together with all his costs which had the Land so surrendred and then the Bargainee shall make Oath in Court what he payd and that shall be payd him forthwith in Court and then the next of blood or Clivenor which pay that shall be admitted and shall have the Land Custome in some Mannor is Where surrender is of Copy-hold made to him and his that is an Estate of Inheritance in Fee by the custome though it be not to him and his heires And in some Mannor it is to him and his in Villainage and yet it is a good Estate of Inheritance by the custome Custome of some Mannor is That surrender may be made into the hands of the Bailiffe in the presence of two Tenants witnessing that and in some Mannor in the hands of two Tenants to the use of him to whom c. And in some Mannor in the hands of one Tenant to the use of him which should have it and all these are good customes and allowed Custome of some Mannor is Dower that the Wife shall have no Dower nor the Husband shall not be tenant by the curtesie And the custome in some Mannor that she shall have the third part of the Rent and not any Land for her Dower as at Bush Custome in some Mannor is Surrender that surrender may be made into the hands of a tenant in the presence of other persons to the uses c. and is good Tenant at will by the common Law Waste may cut Trees to repaire his Houses and also may take House-boot Hedge-boot and Plough-boot and all this Tenant by Copy may doe And by the custome in diverse Mannors copy-holder may cut his Trees and Wood and sell it at his pleasure and also to suffer the Houses to decay and yet it is not forfeiture as it is at Islington Custome of some Mannor is Lease that copy-holder may let that by Indenture for three yeares without license of the Lord and in some for nine yeares and in some Mannor for more and in some Mannor hee may let from three yeares to three yeares to the terme of one and twenty yeares and is no forfeiture Custome of some Mannor is Harriot that where the copy-holder is Inheritable that the heire shall choose the best Beast and the Bailiffe of the Lord shall seise two of the next best Beasts and for a Cottage two shillings in Silver for Harriot shall be payd and no Beast Custome of some Mannor is Fine to pay six shillings eight pence for a Harriot and no Beast Custome of some Mannor is Ward that a copy-holder pay but one penny for a Fine though there be a hundred Acres or more and in some Mannor six shillings eight pence for every dwelling House and also for every Acre six shillings eight pence and for every Cottage six shillings eight pence and also six shillings eight pence for every Hampsell that is an ancient House or Cottage decayed six shillings eight pence And in every Mannor the Fine is uncertaine but yet the Lord there shall not take more for his Fine then hath heretofore been taken for a Fine and if he doe otherwise the remedy for the copy-holder is in the Chancery against his Lord. Custome of some Mannor is that if copy-holder dyes his heire within age the custome in most Mannors is that the custody shall be committed by the Lord to the next of blood to whom the Land cannot descend And in some Mannors the Bailiffe of the Lord shall have the custody and render the heire an account at fourteene years of the profits and by the custome in some Mannor at fourteene yeares the heire may choose to him a Guardian Custome in some Mannor is Workmen to have certaine dayes of labour in harvest for a day or two dayes and in some Mannor he shall pay foure pence for every day labour of that Custome of some Mannor is Releife that he shall pay for Releife upon a discent but halfe that which is due by common Law as if he hold by six pence he shall pay but three pence for Releife but yet he ought to pay that releife by the custome Also if he come in by Purchase he ought to pay in the like manner halfe his Rent as afore is sayd that is to say three pence where his Rent was six pence Custome of some Mannor is to pay but one penny for releife and not more nor lesse though his Rent be ten shillings Custome in some Mannor is Dower that if a man marry a Mayd and dye seised of copy-hold this Wife shall have all the Land during her life for her Dower but if hee marry a Widdow and dye seised shee shall have no Dower Custome of some Mannor is that if one were no copy-holder of that Mannor before and purchase Lands at first the Fine is arbitrable and granted at the will of the Lord but he nor his heires after shall pay no Fine but shall be admitted free without paying Fine for all the Lands which he after purchaseth within the Mannor If a man let to three for life to have successively yet this is a Joynt Estate and successively is void but by custome of copy-hold successive holds place and one shall have it after the other 30 H. 8. tit Leases 54. And note that you doe not say as many use to say that there is such a custome when they see the Law to be contrary to their intent as diverse Stewards doe when for favour that they beare to one party will ayde him by customes when there is no such custome to helpe him And I have heard a Steward say By the custome of a Mannor a Wife is dowable and by the custome that shall be assigned by the Homagers without plaint in nature of Dower against the Tenant of the Land and without answer of the Tenant and without any processe made against him contrary
she may and after the Son is born he cannot enter upon the Daughter and be Heire and Tenant to the Lord Plowd Com. f. 56. 5. Ed. 4. f. 6. By Tearmes of the Law thirty and Wilby if a man Tenant seised of Land in Fee dies seised his Wife privily being with Child with a Son and another man marryes her and after the Son is born he shall be adiudged the Son of the second Husband and not of the first Husband and shall be Tenant to the Lord of the Land of the second Husband and Berrey Justice said that the Infant might choose which he would for his Father 21 Ed. 3. f. 39. Otherwise it is if she had been great with Childe If a Woman be with Child by her Husband Tenant or by another it shall not be tryed but if she be with Child at the time of the death of her Husband or not shall be in Issue for by 1 H. 6. f. 3. If the Wife of J.S. go away with an Adulterer and hath Issue if J.S. her Husband be within the foure Seas the Issue is Heire of J.S. for by whom the Woman is with Child it cannot be tried and for that it shall be intended by J.S. 41 Ed. 3. f. 11. and 7. H. 4. f. 9. the same If a man marry a Wife which is great with Child by another man and within three daies after Marriage she is delivered and the Husband dies the Issue is lawfull and Heire and Tenant to the Lord and no Bastard 18. E. 4. f. 30. a. 24 H. 8. Br. Title Bastardy 44. it was said if a man marry his Cozen within the degrees of Marryage and have Issue and are divorced in their lives and by that the Marriage is avoided and the Issue is Bastard contrary if one dye before the Divorce 21 H. 7. f. 41. If a Deacon takes a Wife and hath Issue this Issue is no Bastard otherwise it is of a Marriage between a Fryer and a Nunn if they have Issue 11 H. 4. fol. 76. Sayd by our Law if one marry his Cozen their Issue is no Bastard till they are divorced but shall take by Discent 42 Ed. 3. fol. 11. If a man marry a Wife and living that VVife marry another and hath Issue by the second this Issue is a Bastard notwithstanding that the first VVife after dies and shall not take by Discent For that that in the same second Article of Charge it is inquired if any Tenant of the Lord be dead who is Heire and Tenant to the Lord let us now see where the halfe blood is impediment and where not TEnant gives Land to the Father for life remainder to Rich. his Son in taile The remainder to the right Heire of the Father the Father dies Rich. enters and dies without Issue of his Body his Brother of the halfe blood shal have the Land and not the Uncle of Rich. and shall be Tenant and the halfe blood is no impediment 39 E. 3. tit 5. A man Tenant had Issue by two severall Bellyes and dies the eldest Son enters and endowes his Mother the Heire dies without Issue the Tenant in Dower dies the youngest Son of the halfe blood shall inherit it and shall be Tenant 7 H. 5. f. 2. 58. Assises 6. accordingly Father seised of an Advowson in grosse hath a Son and Daughter by one Belly and a Son by another and dies and the eldest dies before presentment the youngest Son shall be Heir and the half blood is no impediment 3 H. 7. f. 5. Fitzh f. 36. O. If the Father Tenant hath a Son and a Daughter by one Belly and a Son by another and lets to one for life and dies and the Reversion is discended to his eldest Son which dies before the Tenant for life this is no possession that the Daughter shall have the Land but the Son of the halfe blood shall be Tenant to the Lord but if reversion of tearm of yeares were in the eldest Son which dies before the Tearm ended the Daughter shall have the Land and shall be Tenant to the Lord and not the Son for halfe blood is impediment 5 Ed. 4. f. 9. But in the case next before where there is a Rent reserved upon the Estate for life by the Father and the eldest hath the reversion and Rent and dies the Daughter there shall inherit and the halfe blood is an impediment to the Son to be Heire and Tenent yet if the Father dies and the eldest Son dies before payment of Rent there it is otherwise 35 Book of Ass 2. If a man Tenant hath Issue two Daughters by severall Bellies and dies and they enter and make division betwixt them if one dye without Heire generall or speciall her part shall escheate to the Lord and not discend to the Sister of the halfe blood but if that Sister hath an Uncle it ought to discend to him and if he enter and dies without Issue it shall discend to the Sister of the halfe blood see Littleton fol. 3. Natura brevium fol. 10. If a man Tenant hath three Daughters by on Belly and a Daughter by another and dies and the foure Daughters enter and two of them by the first Belly dye now the third of the whole blood shall have three parts and shall be Tenant of that to the Lord 10 Ed. 3. Tit. 13. and 10 Ass 27. accordingly Note that the possession of a Brother to make the Sister inheritor and not the Son of the halfe blood is only of fee and not of fee taile 32 Ed. 3. Tit. 8.37 Book of Ass 15. accordingly If the Donee in taile have a Son and a Daughter by one Belly and a Son by another and dies and the Son of the first Belly enter and dies seised without Issue the Son of the second Belly shall be Heire and Tenant to the Donor and not 〈◊〉 the Daughter Natura brevium fol. 147. If a man hath a Son and a Daughter by one Belly and a Daughter by another and Lands are given to the Father for life the remainder to the Son in taile the remainder to the right Heires of the Father the Father dies and the Son enters and dies without Issue the two Daughters shall be Heires and Tenants to the Lord for the Son was not actually seised of the Fee 5 Ed. 1. Tit 14.32 Ed. 3. Tit. 9.24 Ed. 3. fol. 24. and 37. Book of Ass 4. accordingly The possession of the Brother of Lands held by Knights service there the possession of the Guardian if the Son dyes in Ward is possession of the heire to make the Sister inherite and to be Tenant to the Lord and not the Son of the halfe blood 8 Ed. 3. tit 12. and 8 Booke of Ass 6. accordingly Lands discends to two Coparceners which are by severall bellies and one dye before entry into the Land the other shall have Mortdancester as heire of her Father of the whole Land for that that the other was never seised 34
Escheat 7 H. 4. fol. 18. the same 6 H. 4. fol. 5. Lord and Tenant within age the Tenant is disseised and dyes without heire the Lord may enter by Escheat The same Law is if he being an Infant tenant alien and dyes without heire the Lord shall have by Escheat Fitzh fol. 144. A. If Tenant in taile dye without heire he in reversion shall not have a Writ of Escheat But if Tenant in taile the remainder to his right heires and dyes without heire then the Lord of whom the Tenant in taile holds shall have a Writ of Escheat Fitzh 144. E. Where the Tenant is a Bastard and dyes without Issue this Land shall Escheat Tit. Escheat 34. B. Where there is a Bastard eldest and a legittimate younger and the Bastard enters and dyes seised without Issue the Land shall not Escheat Natura brevium fol. 103. If the Tenant be disseised and is attaint of Felony the Lord may enter by Escheate Abridgement of Assise fol. 88. Lord and Tenant the tenant being within age aliens and dyes without heire the Lord may enter by Escheat 6 E. 3. Statham If my Tenant within age alien in Fee and dyes without heire I may enter by Escheat the same Law is if my tenant within age be disseised and dyes without heire I may enter by Escheat Stamf. 42. If any free tenant of any Bishop be attaint for Felony during the time of the vacation the King shall have Escheat of his Lands By Prerogative ch 14. Fitzh 144. O. If the Lord have title to have a Writ of Escheat if he accept Homage of his tenant he shall not have a Writ of Escheat against him afterwards 7 H. 4. fol. 18. Lord and Tenant the Tenant is disseised and dyes without heire the Lord may enter for right of entry may Escheat against a Disseisor but if the Disseisor dye or alien the Lord cannot enter by Escheat upon the heire of the Disseisor nor upon the Alience 22 Book of Assises 49. The King shall have the Lands by Escheat of one attainted of high Treason of whomsoever hee hold notwithstanding of petty Treason the Lord shall have them 29 Book of Assise 61. Note that Lands in taile shall not Escheat for the Felony or attainder of his Father but by the Statute of 5 6 Ed. 6. chap. 11. for high treason the King shall have his Lands 6 H. 7. fol. 9. by Keble Right of entry may Escheat as where the Disseisee dyes without heire or is attaint of Felony the Lord may enter 7 Ed. 6. tit 18. It was held If there he Lord and Tenant by Fealty and Rent the Tenant is disseised the Disseisee dyes without heire the Lord accepts the Rent by the hands of the Disseisor yet he may enter for Escheat or have a Writ of Escheat and the receit of the Rent no Barr contrary if he had avowed for that in Court of Record or if he had taken corporall service as Homage c. Contrary of acceptance of Rent by the hands of the heire of the Disseisor or of his Feoffee 48 Ed. 3. fol. 2. by Belk Where a man commits Felony and after purchase Land or Land discends to him after this is forfeited and Escheated as well as the Land which he had time of the Felony made 22 H. 6. fol. 37. by Newton A man seised of Land in fee goes beyond the Sea to B. out of the Kings Allegiance without the Kings license and there marries a Wife and there hath Issue and dwells there all his life and dyes without other Issue his Land shall Escheat and none other of the blood shall inherite 1 R. 3. fol. 4. by Hussey He which is borne beyond Sea and his Father and Mother English and faithfull to our King that their Issue shall inherite by the Common Law but the Statute makes that cleer and his Lands shall not Escheat 9 H. 7. fol. 2. If Tenant of the King dyes without heire and none enters the Freehold is in the King without Office by Escheate But if Tenant of the King alien in Mortmaine it is not in the King without Office 27 H. 8. tit Office 90. Br Where one is attaint by Parliament his Lands are not in the King by Escheat to grant over without Office 29 H. 8. tit 52. Charter of pardon Br. The King may be intituled to goods without Office by Outlawry but not to Lands 38 H. 8. title Thing in action 211. Br By the Statute of 31 H. 8. gives to the King possession of Lands of Monastries without Office for the words are that the King shall be in possession of them yet if an Abbat were disseised of foure Acres of land the King cannot grant that over before entry made by him into it Time of H. 8. tit 119. Pre. Br It seemes that the King shall not have a Precipe quod reddat as a Writ of Escheat but his title shall be found by Office Time of Ed. 6. tit Denizen 17. Where an Alien born purchaseth the King shall have it but the purchase ought to be found by Office 33 H. 8. tit Fines levied 115. Title Office before Escheator 60 Br King shall have Chattels without Office but not Ward 2 H. 7. fol. 8. The King may re-enter without demand where there is a clause of re-entry in his Lease but then that shall be found by Office Tit. Escheat 23. Br Alien borne hath Issue a Son and after is made Denizen and after hath Issue another Sonne and purchase Land and dyes the youngest Sonne shall have the Land and not the eldest nor the Lord by Escheat Tit. Escheat 29. B. VVhere a man is attaint of Heresie and delivered to Lay men to be burnt yet he shall not forfeit his Land unlesse he be put in execution and there by the execution the Lord shall have Escheat unlesse the Land be held of the Ordinary then the King shall have it Enquest FOR that that you try your Copy-holders and other Issues by consent by Jury let us see how many shall be sworn of a Jury The Statute of Westm 2. chap. 13. is that the Sheriff shall inquire by twelve and not by lesse and the same Law shall be in Leet and for that that this Statute doth not extend to Court-Baron Presentment of Articles there by lesse then twelve may be for one may hold Court-Baron though there be but two Suitors and then they may inquire by two of Articles for the Lord but hard it is when every one is inheritable to the Lawes of the Realme and the triall of the Law is by twelve of Issue joyned between party and party that by your not power that is to say that there should not be twelve Tenants of every Jury to take from me my Triall which the Law gives to me and if you will try Issue by lesse then twelve you may impannell three or foure of the Freinds to the parties and to have no number certain under twelve but to have such a
Post upon his better assurance and for to defeat an estate taile those which recover have Seisin by command by Habere facias Seisinam and also they are in in the Post and by the recovery and for that no Fine shal be there payd to the Lord but one for the recovery was also but for further assurance and the surrender and all make but one Tenant by Copy and so there is due but one Fine Also where the custome is that for every Cottage and for every House the Lord shal have upon every alteration and admittance of Tenant for one Fine three shillings and there is a Cottage or a House is decayed it is called a Home-stall and by the custome also for every Home-stall he shall pay for a Fine three shillings there if the Tenant makes of one House two Houses or build a new House he shall not pay a Fine for these new Houses nor for two Houses which before was but one for the prescription doth not hold place but for the old Houses Also where the custome is that for a Fine for a license to let for yeares the Tenant shall pay for every House which the Tenant lets for every yeare that he hath license foure pence there if he make of one House diverse Cottages as of Barnes and Stables diverse Cottages there for license to let his House he shall pay but foure pence for every yeare that he hath license to let the whole and not for divers Houses for otherwise the prescription doth not hold place Also if Tenant for life and he in remainder or reversion ioyne in a surrender to one and to his Heires he to whose use the surrender is made shall pay but one Fine for it is but one admittance and not severall and one surrender and not severall and there is but one Tenant admitted the same Law where two Joynt-Tenants two Tenants in Common or two Coparceners surrender to one and his Heires shall be payd but one Fine Also a woman is marryed a Virgin she shall have all for her Dower by the custome there it is used she shall pay a Fine and it is reason for that she is admitted the same Law is where a VVoman hath a third part by the custome for Dower but it is used commonly within Mannors to pay but halfe a Fine which is paid for Inheritance but the custome of the Mannor is to be considered in this case If a Copy-hold be surrendred upon condition and the condition is broken he which surrenders may re-enter without paying Fine or new admittance Forfeiture of Copy-hold WHere a Copy-holder of Inheritance according to the custome of the Mannor is out-Lawed in an action personall as in Debt or other Action personall he shall not forfeit the profits of his Copy-hold to the King for that that he hath but an Fstate at the VVill of the Lord and the Free-hold is in the Lord but where a copy-holder is attaint of Felony or Treason the Lord shall seise the Copy-hold as forfeit to him and not to the King notwithstanding where one holds by Charter and is out-Lawed in Action personall the King shall have the profits of that Land 9 H. 6. fol. 20. But if he make a Feoffment after he is out-Lawed then the Feoffee shall have the profits 21 H. 7. fol. 7. accordingly Yet it is otherwise as is aforesaid where a copy-holder is out-Lawed in a personall action If one by an Indenture bargain and sell all his Lands Tenements and Hereditaments in D. and Inrol thaâ— accorcording to the Statute of 27 H. 8. C. 16. and hath in D. Lands held by Charter and other Lands by copy and after levy a Fine and suffers recovery of that accordingly yet the copy-hold is not forfeit The same Law if a copy-holder hath so much Land in D. held by copy and makes a Feoffment of all his Land in D. and makes no Livery this is no forfeiture for the Feoffee is but Tenant at will the same Law is if the copy-holder let to one for life and makes no Livery it is no Forfeiture The same Law is if one enfeoff J.S. by Deed of all his Lands Tenements and Hereditaments in D. and holds in D. part by Charter and part by copy-hold and makes Livery of that held by Charter these other Lands held by copy are not forfeit but if he make Livery in any part held by copy there is forfeiture of all his copy-hold in D. expressed in the Deed. But if one hath in D. certaine Lands in Socage by Charter and certaine other by copy and devise all his Lands Tenements and Hereditaments in D. this is no forfeiture of the copy-hold there It is said that a copy-holder cannot alien by Deed and for that some collect if A. let copy-hold without Deed for yeares that it is no forfeiture Littleton fol. 15. Yet inquire And Littleton fol. 45. is Where Lord lets to his Villain by Deed for yeares he is made free and without Deed it seems he is not made free and 24. Ed. 3. in Villainage after by Wilby without Deed is no infranchisement by Lease And so some say that a Lease by copy-holder by Deed for yeares is forfeiture and where it is without Deed proving the Lease it is no forfeiture yet inquire but if it be not a perfect Lease by word for yeares but by words of implication and gives no Fine nor other consideration and the copy-holder gainsay that Lease when it comes in question in the Lords Court this seems no forfeiture also if a Stranger makes wast as in cutting Trees growing upon the copy-hold where by the custome of the Mannor the copy-holder cannot make wast that is no forfeiture the same Law is where a copy-holder by license of his Lord hath let for yeares to J.S. which makes wast this is no forfeiture of copy-hold of Inheritance Also if one within the view of copy-hold saith to one I will not out you during your life or within the copy-hold he saith I am content that you shall have my copy-hold Land for tearme of your life or lets to him for life without Deed and without Livery upon the Deed it is no forfeiture Where one hath a Rent-Seck if the Tenant upon demand deny to pay it or if the Tenant be not then ready to pay this is a denying which is Disseisin but if the copy-holder do not deny to pay his Rent upon demand though he hath no Money ready to pay that and so doth not pay that is no forfeiture Lit. 51. See 42 Ed. 3. fol. 25. If a copy-holder be in prison divers yeares and by that meanes comes not to make suit at divers Courts but is absent yet this is no forfeiture of his copy-hold the same Law is if his Rent be demanded upon the Land and he is in prison in the Goal this is no forfeiture the same Law is if he be hindred by infirmity or by stop of Waters to come to the Lords Court or
to pay his Rent it is no forfeiture The same Law is if he be much in Debt and in feare to be arrested or if one be bankrupt and keep his House and doth not come to the Lords Court but makes divers defaults these are no forfeitures of their copy-holds But if he deny to come to the Court of the Lord this is a forfeiture of his copy-hold But if the Lord claime a Fine custome or services which is in doubt whether due or not and the Tenants pray the Lord that the Homagers may inquire if it be due or not and saith if it be found by the Homagers upon their Oath that they are due or if there can be Presidents shewed that it is due he will pay it this is no forfeiture of his copy-hold If twelve are assembled against the form of this Statute then if any copy-holder being a Yeoman Handy-crafts-man Artificer Husbandman or Laborer and being of the age of eighteen yeares or more and under forty years not Impotent Lame Maimed nor having reasonable excuse and being required to serve the Queen for any the causes in the Statute and refuses he shall forfeit his copy-hold during his life 1 Marie chap. 12. If a copy-holder in Court-Baron will say to his Lord that he extorts and exacts Fines and Services not due or such unreverent words of his Lord and they be false that is finable but no forfeiture But if he deny to be Tenant to the Lord and to be a Juror of the Homage it is a forfeiture but if a copy-holder indict his Lord or gives in evidence in an action against his Lord or arrest him or commence a Suite against his Lord in any Court of the Queens these are not finable nor no forfeiture If Tenant in taile be of a copy-hold the remainder over in Fee if the Tenant in taile be attaint of Felony it seems that the Issue in taile shall have the Land and not the Lord. If a copy-holder make a Feoffment of his copy-hold and the Feoffee dies seised and his Heires levy a Fine of that and five yeares passe the Lord is barred to seise the Land by forfeiture as it seems Some Copy-holder by the custome may make waste and is no Forfeiture and waste by some Copy-holder is Forfeiture LOpping of Trees by a copy-holder is no forfeiture but a copy-holder cannot lop Trees and burn that in the house upon other Land or Mannor nor sell the lops unlesse by the custome he may make wast If a Guardian in Socage of a copy-hold make waste the Infant shall not forfeit his copy-hold but only the Interest of the Wardship but inquire If Lessee for yeares of a Copy-hold make wast and inquire when he is Lessee for yeares by surrender and when he is Lessee by the license of the Lord it is said it is a forfeiture but during the Tearm J. S. Seised in fee of an Acre in D. by Charter and of another by copy and make a Feoffment and Livery in the Acre by Charter in name of them both it is no forfeiture of the Acre by copy but if he make Livery in the Acre by copy in name of both the Acre by Charter passes and it is forfeiture of the Acre by copy If a copy-holder suffer a common recovery against him at the common Law and after surrenders to the use of another which is admitted and after one or two admittances passe upon surrender yet after when the Lords takes notice of the forfeiture he may well seise it for that forfeiture for that that the copy-hold was destroyed by the forfeiture But otherwise it seems if the forfeiture do not destroy the Copy-hold as if he make wast or break any custome the Lord is barred by this admittance as it seems If a copy-holder levy a Fine and five yeares passe after Proclamation this seems barres the copy-holder and his Heires but it seems doth not barr the Lord but if a copy-holder make a Feoffment and Livery of his copy-hold and after levy a Fine and six yeares passe now the Lord is barred If two Joynt Tenants by copy are and one makes wast in all the Land yet he shall forfeit but one part If the Heire of a copy-holder having notice of the death of his Ancestor do not claime within the yeare and day after the death of the Ancestor and Proclamation made he shall loose it for ever but otherwise it is if he be beyond Sea or within age or a Woman having a Husband it seems she shall not loose by not claiming Tenant for life of a Mannor is and copy-holder of that commits wast and the Tenant for life dyes he in remainder may seise the Land for this wast for that it is a forfeiture which runs with the Land See before forfeiture touched in the Title of copy-holder Formedon In so much that plaints are sued in nature of Formedon for Copy-holds something shall be said touching Formedon and first let us see where a Formedon lies and where not and for that that there are three manner of Formedons that is Formed on in Discender Remainder and Reverter in Fitzh Nat. Brevium and there declared how everyone lieth much shall not be said but what is in Fitzher Natura brevium touching the lying of a Formedon FOrmedon in Discender lieth where the Donee in taile or free Marriage aliens that Land so given in taile or is disseised and dies his Heire shall have a Formedon in Discender to recover these Lands so given in taile Fitzh f. 211. A. Where Tenant in taile aliens or is disseised or if recovery be against him by default after default and hee dies his heire shall have a Formedon for the heire shall not have other recovery of the possession of his Ancestor then by Formedon but if he be outed of his own possession as if he be seised and be put out he shall have Assise Natura brevium fol. 145. Formedon lies by the heire of a gift made before the Statute of Westm 2. Where the Donee after the Statute aliens and dies and yet the Statute is to gifts before made it shall not be extended 12 H. 4. f. 9. Where there is a Tenant in Dower or by the curtesie the reversion to another in taile if one intrude after the death of the Tenant in Dower or by the curtesie he in reversion shall not have Intrusion but Formedon Fitzh 204. D. Woman Tenant in taile takes a Husband which aliens and after they are divorced and after the Wife dies the heire of the Wife shall not have A cui in vita but a Formedon Fitzh f. 204. K. If Tenant in taile lets for life and the Tenant for life aliens in fee the Tenant in taile shall have a consimili casu or a Formedon at his pleasure Fitz. f. 207. D. Where land is given to one for life the remainder to the Father in tayl if it were executed in the Father and he Alien the Issue may have a Formedon
in Discender generally or may have special Writ making mention how it was given for life the remainder to his Father in tayl and one or other is good 44 Ed. 3. fol. 6. In conveyance of Degrees ye need not name him Heir but Son of him which was not seised but it is a surer way to name him Son and Heire to every one if hee were seised or not but he cannot omit any in his VVrit which was seised If the Demandant omit in Formedon one which held the Estate that is to say who was seised the VVrit shall abate otherwise it is in Scire facias 4 Ed. 2. tit 48. Formedon in Discender shal abate for that he omitted one in the VVrit which held an Estate 44 Edw 3. fol. 40. The Demandant in Formedon ought to make his discent by all which held the Estate otherwise the VVrit shall abate 46 Ed. 3. fol. 9. Though the Demandant be made heire to him which dyed in the life of his Father which was not seised yet the Writ shall not abate but is good 48 Ed. 3. fol. 7. Where the Demandant in Formedon in Discender makes mention of any and not of all the VVrit shall abate 49 Ed. 3. fol. 20. Formedon and the Register was shewed by which it was held that he ought to make him Son to every one and Sonne and Heire to him which last held the Estate but if he makes him Son and Heire to every one that is more and good notwithwanding that every one did not hold the Estate 11 H. 6. fol. 25. The Writ is not the worse though in the same it be mentioned that he is the heir of one or that he should have scarce been heir to him if he had lived if he be heir to him that last was seised 11 H. 4. f. 70. The Demandant in Formedon ought to name him Son and Heir to him that was seised But if one survive his father and were not seised he need not name himself heir but son onely but it is a sure way to name him son and heire or cozen and heire to every one Fitzh fol. 212. F. Formedon abate for that he made himself cozen and heir to the Donee where his father was seised after the death of the Donee and no mention was made of him 10 Edw. 3. tit 41. Esplees shall be alleadged in Formedon in reverter in the Donor and in the Donee and in formedon in descender and remainder in the Donee onely Formedon in reverter It behoveth to lay the Esplees in his Count in the Donor and Donee but in formedon in descender and remainder in the Donee onely 50 Ed. 3. fol. 1. Fitzh fol. 220. Formedon in remainder he alleadgeth Esplees in the Tenant for life and not in the Donor and in formedon in reverter in the Donor and Donee 9 H. 6. fol. 53. 11 Ed. 3. tit 31. the same and 18 Ed. 2. tit 20. Formedon in remainder he counts upon the matter without laying the Esplees in the Donor and it is good 27 Ed. 3. tit 36. Of what things Formedon lyeth and of what not Formedon lyeth of Gorse but not of an Advowson Fitzh fol. 217. B. It lies of pasture for 10 beasts and not of common but a Writ called quod permittat Fitzh 212. B. Formedon lyeth of Common in gross Inquire of 15. Ed. 3. Statham fol. 95. It lyes of a Corody that is to say of Rent and certain breads by the opinion of the Court 18 Ed. 3. Statham 10 book of Assise fol. 11. Nuper obiit was maintained of a Corody Ward For that that in the second Article is inquired if Tenant of the Lord dies if his Heir shall be in ward or not and for that let us see where the Lord shall have the Ward of the heir of his Tenant within age which holds of him by Knights service and where not ANd note where the Heir of Lands held by Knights service shall be said in by discent to be in Ward and where not If the father devises his Land held in Knights service to his Son and Heir in fee and dies hie Heir within age he shall be adjudged in by discent and shall be in Ward But if it were devised to his Son and Heir and to the Heires of his body the remainder to another in fee and dies the Son within age he shall not be in Ward for he is in as purchasor 3 H. 6. fol. 47. Where the Heir recovers Land held in Knight-service in formedon in discendor he shall be adjudged in by discent and if he were within age shall be in ward 2 R. 3. fol. 14. and 11 H. 7. fol. 12. Inquire if he recover in Dum non fuit compos mentis See Fitzh fol. 114. If the Heir enter for the condition broken in lands held by Knights service he shall be adjudged in by discent and shall be in ward if he be within age when he enters 11 H. 7. f. 12. 7 H. 4. f. 13. and 6 H. 4. f. the same If the Father and the Son purchase land held by Knights service to them and to the heires of the father and the father dies though the son within age he shall not be said in by discent to be in ward 43 Ed. 3. fol. 36. But by 32 H. 8. ch 1. If they be held of the King by Knights service the King shall haue the ward of them Where two or more hold joyntly lands held of the King by Knights service to them and to the heires of one of them and he which hath the Inheritance dies his heir within age the King shall have the ward of the body of the infant though that the other which hath the Free-hold be alive See the Stat. of Wills 32 H. 8. chap. 1. If an Infant in the life of his Father be made Knight Rastall Wills 23. and his Father dies he shall be in ward but otherwise it is where an Infant in ward is made a Knight there he shall be out of ward 2 Ed. 6. Tit. Ward 42. Magna Charta chap. 3. Where Reversion discends to the Issue within age he shall be in ward but where he hath a remainder by purchase is otherwise and where he in remainder dies his heir within age shall be in ward Stamf. fol. 6. and 7. the same See the Comment 35 H. 8. tit 119. A person twice in ward where a woman was young with child as a man dies seised of land held in Knights service his brother and heir within age the Lord seises the Ward the wife of the Tenant being young with child with a Son and after the wife is delivered the brother is out of Ward But if the Infant die the brother yet within age there the brother shall be in Ward again the same law where a Daughter is in Ward and after the Son is born 28 H. 8. T it Ward 86. If the King hath an Heir in ward which is a woman and she marry to one before
she be of the age of 14 years there she shall be in ward but to the age of 14 yeares and then may sue Livery for the two years to make 16 years are not given but to tender marriage and for that she shall be out of ward at 14 years The husband seised in fee of Lands held in Knights service enfeoffs diverse at this day to the use of himselfe and his Wife and the heires of their two bodies begotten and for default of such Issue to the use of the right heires of the Husband and the Husband and the VVife have Issue within age and the Husband dyes though the VVife live and hath the Land the Issue shall be in VVard of the body as it is sayd The same Law where a man seised in Fee of Lands held by Knights service makes a gift in taile to J. S. the remainder to his right heires and dyes his Issue within age he shall be in ward of the body though Tenant in taile have the Land If a Reversion of an Estate for life or for yeares be in my Father and that discends to me I shall be in ward but otherwise it is of a Remainder but if a Remainder of an Estate for life be in my Father and that discends to me and after Tenant for life dyes I shall be in ward 11 H. 7. fol. 19. 33 H. 6. fol. 6. 8 Edw. 3. tit 23. and 33 Edw. 3. tit 8. By Choke If Infant be Tenant for life and the Reversion discends to him he shall not be in VVard 9 Ed. 4. fol. 19. Where an Estate is to an Husband and his VVife and to the heires of the body of the Husband the remainder to the right heires of the Husband the Husband hath Issue within age and dyes the VVife is Tenant to the Lord and for that the Issue shall not be in ward And if Lands be let to one for life the remainder to the right heires of J. S. the same J.S. dyes and Tenant for life dyes T. S. being right heire of J. S. and within age shall not be in ward for he is a purchasor 15 Ed. 4. fol. 10. Tenant for life the remainder to another in taile he in remainder dyes his Issue within age the Issue shall be in VVard if Tenant for life be dead 33 H. 6. fol. 6. Tenant for life the remainder in Fee dyes his heir shal not be in VVard for Tenant for life is Tenant Lord and Tenant the Tenant is disseised and dyes his Issue within age he shall be in VVard Fitzh fol. 142. B. C. D. Stamf. fol. 8. the same 3 H. 4. fol. 16. the same Littleton fol. 87. the same Lord and Tenant the Tenant hath a Daughter within age being his heire and he marries that Daughter to a Husband of full age and dyes the Lord shall not have VVard of the body but if he marry his Daughter to a Husband within age shee shall be in VVard Natura brevium fol. 98. Tenant for life the remainder in taile to the Husband and his VVife the remainder to the right Heires of the Husband the Husband and the Wife dye his heire within age living the Tenant for life the heire shall not be in ward Fitzh 143. A. A man makes a Feoffment before the Statute of Uses to the use of himselfe for life the remainder to W.S. in taile the remainder to the right Heires of the Feoffor the Feoffor dyes and W.S. dies without Issue the right heire of the Feoffor being within age shall be in ward for he is in by discent for the Fee was not out of the Feoffor But where one makes a Feoffment in Fee upon condition to re-enfeoffe him and the Feoffee gives to the Feoffor for life the remainder to another in taile the remainder to the right heires of the Feoffor and the Feoffor dyes and he in remainder in taile also dyes without Issue the heire of the Feoffor within age he shall not be in ward 32 H. 8. tit Ward 93. Estate is made to one for life the remainder to the Husband and Wife in taile the remainder to the right heires of the Tenant for life the Husband and the Wife have Issue a Son which hath Issue two Daughters and after the Son and the Wife dyes and after the Son dyes and after the Tenant for life dyes the two Daughters within age shall be in Ward 28 Ed. 3. tit 48. Marlebridge chap. 6. Gives the Lord remedy where his Tenant aliens by Collusion to defraud the Lord. Marlebridge chap. 16. Gives Mortdancester for the heire in Ward against the Lord unlesse he may have his Land at full age Prerog chap. 6. If a Woman before the death of her Ancestors which holds of the King in cheife before the yeares of marriage be marryed then the King shall have the Custody of her body till the age that shee may consent and then let her choose c. If an Infant be marryed before the yeares of marriage in the life of her Father and the Father dyes and the Wife dyes before the dayes of marriage of an Infant yet the Infant shall be in VVard and shall be marryed againe by the Lord Stamf. fol. 27. 5 Mar. tit Ward 124. it is held That marriage is as nothing for shee may marry another without Divorce within the yeares of marriage A gift is made to one in taile the remainder to the right heires of J. S. which was dead T. S. hath that as right heire but if he be within age he shall not be in VVard for he is in as purchasor 12 Ed. 4. fol. 2. 7 H. 4. fol. 5. 11 H. 4. fol. 72. 15 Ed. 4. fol. 13. the same A VVoman of the age of fifteen yeares at the time of the death of her Ancestor shall not be in VVard for the Lord shall not have VVard there till sixteen 35 H. 6. fol. 48. 28 H. 8. tit 86. If the King hath a woman in VVard and shee marry before fourteen shee shall be in VVard but to fourteen for the two yeares are given to tender marriage and shee is marryed See Westminst 1. chap. 22. Merton chap. 6. Gives ravishment of VVard and double value And Merton chap. 7. gives the value of the marriage West 2. chap. 12. Magna Charta chap. 6. The heires shall be marryed without disparagement Merton chap. 7. Of Lords which marry those that they have in their custody to Villaines or others as Burgers where they are disparaged If such an heire were within fourteen yeares and of such yeares that shee cannot consent to the marriage then if the Parents complaine of that Lord the Lord shall loose the custody till the age of the heire c. But if shee were of fourteen yeares and more and agreed to such marriage no punishment follows Littleton 21. See what are disparagements and what not Now let us see where your Lord shall loose the ward for that that he holds part in cheife and what
hee shall loose by that THe Lord the King shall have the Custody of all the Lands of those which of him hold in cheife by Knights service of which the sayd Tenants were seised in their Demesne as of Fee the day that they dyed of whomsoever they held by the like services c. Prerogative chap. 1. If any hold of Us by Fee farme or by Socage or Burgage and of another holds Land by Knights service We shall not have the custody of the Heire nor of the Land which is of anothers Fee by the reason of Fee farme or Socage or Burgage Magna Charta chap. 27. 11 H. 7. fol. 18. If one hold of the King in cheife and dyes his heire within age and hath Lands discended from another Ancestor the King shall not have the Lands in VVard which discended from another Ancestor And it seemes if a Remainder be in my Father and that discends to me I shall be in VVard of the body living the Tenant for life otherwise it is of a Reversion for Reversion is a Tenement and held but if a Reversion discend and the Tenant for life living I shall not be in VVard but if hee dye first otherwise it is And if my Father dye seised of a Remainder and the Tenant for life after dye seised during the time that I am within age I shall be in VVard 32 H. 8. tit Ward 97. Where a man holds certaine Land of the King in Socage in cheife the King shall not have Livery of more then of the Land in Socage The same Law where he holds in Knights service of the King Rastall Ward 13. and not in cheife the King shall not have more in Ward but onely that which is held of him immediately If one hold of the King in cheife the King shall have all his Land in Ward as well held of him as of others But otherwise it is if he hold of the King only by Knights Service Stam. fol. 6. Though that the Tenant of the King be in possession of Lands held of others the King shall have them in ward by his Prerogative Stamford fol. 7. Where the Tenant of the King doth not hold of the King in cheife the King shall not have the ward of Lands held of other Lords Stamford fol. 10. Grand-Father Father and Son Infant the Grand-Father is seised of a Mannor held of J.S. and the Father of another Mannor held of the King in cheife the Father dies the King shall have the ward of that Mannor and after the Grand-Father dyes the King shall not have the Ward of his Mannor the Statute of Prerog is That the King shall have the custody of all the Lands c. of which the Tenants themselves were seised of in fee the day that they dyed and for that that the Father was not seised of that the King shall not have it in ward 15 Ed. 4. f. 10. If any hold of the King in fee Farm Socage or Burgage and holds also of another in Knights Service the King shall not have the Lands held of another in Ward by reason of those Magna Charta chap. 17. Where a man holds certain Lands of the King Rastall Ward 3. in Socage in cheif of these he shall not have Livery of more then the Land in Socage 32 H. 8. Tit. 97. Also where one holds of the King by Knights Service and not in cheife the King shal not have more in ward but that only which is held of him immediately during the time that the Lands are seised in the Kings hands in Ward otherwise Lords shall loose their Rents that is to say that they cannot distraine during that time Stam. f. 9. Where one holds part of his Land of the King in cheife and part of another Lord and dies his heire within age and the King seises the Ward of all it seems that the Rent of another Lord and Service is but suspended for the time that it is in the hands of the King 26 H. 8. fol. 9. The Signiorie of another Lord in the case next before is suspended but from the distresse during the possession of the King 13 H. 7. f. 15. If a man holds part of the King and part of another Lord and dies his Heire within age which intrudes at his full age and paies the Rent to the other Lord this is a good Seisin and shall binde him after he hath sued his Livery for the Signiorie was not suspended by the possession of the King but only the distresse for after Livery the other Lord may distrain for the Arrearages due before see now 34 H. 8. Tit. Seisin 48.2 Ed. 6. chap. 8. That the Lords shall have their Rents during the minority at the hands of the Kings Officers 26 H. 8. Tit. ward 85. If the Kings Tenant alien in fee without license and dies his Heire within age the King shall not have ward for that that there is nothing discended to him for the alienation is good saving the trespasse to the King which is but Fine by Seisor 1 H. 7. f. 5. If the Heire intrude upon the possession of the King and levy a Fine this is void by the Statute of Prerog chap. 13. Which is where one intrudes there ariseth unto him no Free-hold but if the Heire levy Fine without intrusion that shall binde him and his Heires Time of H. 8. Tit. alienation 22. Tenant of the King in cheife cannot alien for tearm of life without license for he alters the Free-hold Magna charta chap. 4. If a Guardian by the Kings Grant makes destruction or waste he shall loose his Guardianship c. Magna charta chap. 5. The Guardian shall keep up the Houses Parkes Warrens Stanks Mills c. West 1. chap. 11. Where a Tenant lets for yeares and dies the Lord by Knights Service in time past might have outed a Farmor during the Nonage but it is not so at this day IF the Tenant let for yeares and dies his Heire within age the Guardian shall out the Farmor yet he shall have Covenant against the Heire at his full age for this Tearm which the Guardian hath during his Nonage 34 Ed. 1. Title 120 Guardian may out the Farmor and yet at full age the Lessee shall have his Tearm again Britton fol. 163 It is held that a Guardian may out the Farmor for yeares but not the Farmor for life 5 H. 7. f. 37. Fitzh f. 142. C. the same 33 H. 6. f. 47. the same and 14 H. 7. fol. 24. Guardian cannot out Tenant by Elegit but he may out the Farmor Statham 1 Ed. 3. Tit. 13. 1 Ed. 3. fol. 103 by Sharde A Guardian may out the Farmor and so may out him which hath execution by a Statute Merchant inquire of Tenant by Elegit 33 H. 6. fol. 47. and 36 Ed. 3. Tit. That Guardian may out Tenant by Statute Merchant Guardian in Knights Service cannot out the Termor 36 H. 8 Lease 58. 35 H. 8. Tit.
85. the same It is granted by all the justices that the King shall not out the Farmor of his Tenant by reason that the heire of his Tenant is in ward nor he which hath execution upon the Statute nor Rent charge granted by his Tenant nor grant of next Advowson Time of H. 8. Tit. Ward 44. Now if the Tearm be not found in the Office for the King yet the Farmor shall injoy his Tearm 2 Ed. 6. chap. 8. Where there is Lord and Tenant Rastall Escheat 15. and the Tenant grants a Rent charge and dies his Issue within age the Lord being Guardian shall hold this Land charged 3 Book of Ass 1. Seisin Seisin of the Guardians vests Free-hold in the Heire and Chattell in the Guardian and Seisin of the Lord of parcell sufficeth to have ward but not to avow for all and see what Seisin is materiall WHere by Office one is found in ward to the King that settles the profits in the King and the Freehold in the Heire 1 H. 7. fol. 6. and 42 Ed. 3. f. 4. Seisin of the Ward is Seisin of the Son within age so that if he dye without other Seisin the Daughter of the halfe blood shall not have this Land 8 Book of Assises 6. Possession of the Guardian is possession of the Heir for if the Guardian be outed the Heire shall have Assise without other Seisin 2 Ed. 4. f. 5. Though the Free-hold be in him which is in ward yet if he being in Ward cut the Trees of his Land in Ward the Lord may have trespasse against him 5 H. 4. fol. 2. If the Tenant holds by Homage Fealty and Rent and the Lord hath been seised of the Rent but not of the Homage within memory yet this sufficeth to have the ward 6 Ed. 6. Tit. Ward 122. If the Tenant hold by Rent and Knights Service and the Lord and his Ancestors have been alwaies seised of the Rent but not of the Homage Escuage not of the ward yet if the ward fall The Lord shall have the Ward of the Heire by Seisin of the Rent for the Seifin is not traversable notwithstanding otherwise it seems to make avowrie 7 Ed. 6. tit 69. 13 H. 4. Seisin of Homage without Escuage is sufficient to have releife for avowrie 22 Ed. 3. Tit. 90. Tenure B. By the Seisin of Escuage the Lord may distraine and make Avowrie for Homage 27 H. 8. fol. 25. Avowrie for Fealty and Rent and Issue upon the Tenure Seisin of the Rent is not good evidence nor Seisin of Suit of Court for it is another thing that the Avowrie is made for 44 Ed. 3. f. 11. Seisin of Fealty is not iufficient Seisin to have Assise of Rent but sufficient Seisin to make Avowrie for all 45 Ed. 3. fol. 23. the same Seisin of Escuage nor releife shall not be traversed and for that where one avows for Homage Fealty Releife and Escuage it is no Plea that he was not seised of Escuage nor of releife for paradventure Escuage is not assessed by Parliament within memory 13 H. 4. f. 6. Where one holds by Fealty and Rent If the Lord were seised of the Rent it is sufficient to avow for all see 29 Ed. 3. fol. 31. and 27. H. 8. f. 24. But the Issue was upon the Tenure Where one holds by Fealty and Rent Seisin of Fealty is sufficient to avow for all 45 Ed. 3. f. 28. 44 Ed. 3. f. 10. See 27 H. 8. f. 24. Seifin of parcell of Rent is sufficient to have Assise of all 8 Book of Ass 4. But if one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Nat. Bre. fol. 109. If one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Abridg. Book of Ass fol. 16. Seisin of Rent by the Predecessor of a Parson c. Of a corporation if it be gainfaid to the Successor it is sufficient to have an Assise of this Seisin Fitzh fol. 179. C.F. Seisin of Fealty is not sufficient to have Assise of Rent 20 H. 3. Tit. Avowrie 433. Where one holds by Fealty and ten shillings Seisin of parcell of the Rent sufficeth to have Assise for all Inquire time of Ed. 1. Tit. Avowrie 229. One may avow for releif without alleadging any Seisin of it 20 Ed. 3. Title One may have Escheat and Ward before that he be seised of the Services 11 H. 4. f. 16. Where one avows for that that the Plaintiff hath common in his Land and hath used to pay to him ten shillings and hath used to distraine for that it is not good without alleadging Seisin of that Rent 26 H. 8. fol. 6. Homage and Fealty And for that that the third Article of the charge is to inquire of Services withdrawn and for that that some Tenants make Homage and Fealty and some Fealty only you ought to see the form in Master Littleton fol. 18. and 19. Of making of one and of another and what shall be one and what the other and that none shall make Homage nor take Homage but such a one which hath an Estate in Fee simple or in Fee taile in his own right or in right of another and if a Woman having Lands in Fee or in taile takes a Husband and have Issue The Husband in the Life of his Wife shall make Homage but before Issue it shall be made in both their names and if the Wife dye the Husband shall not make Homage HOmage shall not be made to Tenant in Dower for it shall be made to none if he hath not Inheritance 22 Ed. 3. f. 19. 7 H 4. fol. 21. He which holds by Knights Service shall make Homage Litt. fol. 22. He that holds by Socage may hold by Homage and shall make Homage One cannot avow upon a Husband and a Wife as of right of the Wife for Homage unlesse that the Husband hath Issue by the Wife but if he avow upon them it need not be alleadged but it shall be intended that they have Issue see 44 Ed. 3. fol. 41. and 43 Ed. 3. fol. 13. Corporation cannot make Homage for corporation cannot appeare but by Attorney 33 H. 8. Title Fealty 15. Bishop or Abbot may take Homage contrary of Parson of a Church Time of Ed. 1. Tit. Fealty 12. In a Perque servitia an Infant was constrained to attorn and to make Fealty notwithstanding his nonage 20 Ed 3. Tit. 19. Tenant for yeares shall make Fealty to his Lessor Lit. fol. 29. D. 9 H. 6. fol. 43. and 5 H. 7. fol. 11. accordingly where a Rent is reserved By all the Justices that Tenant for yeares shall not make Fealty for it is as I beleeve to be intended not to the Lord but to the Lessor 10 H. 6. f. 13. It seems that a Lessor may avow upon a Lessee for years as within his Fee by the Mannor and for that shall make Fealty to his Lessor and may avow for
that 40. Ed. 3. fol. 34. If Rent of a Lessee for yeares be behinde the Lessor cannot avow upon the Termor as of Tenant upon the Land but upon the matter 47 Ed. 3. fol. the last 24 H. 8. Tit. Fealty 8. In the Exchequer held that if Lands discends to me which is held of J.S. by Homage and I make to him Homage and after other Land discends to me by another Ancestor held of J.S. also by Homage I shall make Fealty but not Homage again for I am become his man before the same Law is if both the Tenements are held of the King by Homage he shall not have two Homages but one Homage only Lit. f. 29 Tenant at will by the common Law shall not make Fealty to the Lessor but Tenant by copy at will according to the custome of the Mannor shall make Fealty to his Lord Lit. in the end of the first book and f. 29. and 10 H. 6. f. 13. accordingly If there be Lord and Tenant and the Tenant holds three Acres of the Lord by Fealty and Rent and aliens all the three Acres the Lord is not held to change his Avowrie without notice and to avow upon the Feoffee for Fealty and Rent But if he will he may the same Law if he alien but one Acre not that the Statute of Westminster the third is that he shall hold for that particular yet this is upon notice 8 Ed. 4. fol. 12. and 47. Ed. 3. fol. 4. If the Tenant make a Feoffment and there is no notice made to the Lord and the Tenant dies the Lord may distraine the Issue for Fealty and Rent and avow upon him for it sufficeth that he dies Tenant though he doth not dye seised of the Land 44 Ed. 3. fol. 13. If the Tenant be disseised and the Disseisor dyeth seised the Lord there cannot distraine the Tenant for Fealty but the Issue of the Disseisee 32 H. 6. fol. 31. and 34 H. 6. fol. 51. If the Tenant hold by Fealty and Rent if the Tenant make a Feoffment in Fee the Lord may distraine the Beasts of the Feoffee for Fealty and Rent And make avowrie upon the Feoffor till notice be given and after notice given he shall avow upon the Feoffee if he tender the arrearages otherwise not for by the Feoffment and notice he shall not loose the arrearages but may distrain as above and avow upon the Feoffor for the arrearages But I intend if the Lord accept Fealty of the Feoffee he hath lost the arrearages 47 Ed. 3. f. 4. Note that by the Statute of 21. H. 8. chap. 9. One may avow the taking in the Land if he will as within his Fee and Lordship as in Lands held of him without avowing or justiffing of any person certaine Where one in ward of the King holds of a common person also by Homage or Fealty the Lord cannot distraine for Homage or Fealty during the time that it is in the Kings hand and yet the Signiorie is not suspended but only from distresse so that after he may distraine 13 H. 7. fol. 16. If Tenant in taile which holds by Fealty makes a feoffment yet the Donor cannot avow upon the Feoffee for Fealty but if one recover against a Tenant in taile the Donor ought to avow upon him which recovers for the Fealty and if there be Lord and Tenant and the Tenant were disseised and the Lord accepts the Rent of the disseisor yet that shall be but as a Bailiff to the Disseisee and ought to avow upon the Disseis otherwise I suppose of Fealty 41 Ed. 3. f. 26. If there be Lord and Tenant by Homage and Fealty and the Tenant be disseised and the Lord accept Homage of the Disseisor he cannot avow for Homage upon the Disseisee Fitzh 142. E. Hariot For that that diverse Lords of Mannors have Hariots and these are to be inquired for the Lord in Court-Baron in the second Article of Charge It is to be noted that there are two manner of Hariots that is to say Hariot custome and Hariot service and for that Hariot custome is properly as it seems after the death of the Tenant for life and for yeares and of every Estate and also is upon altenation IT is properly Hariot custome after the death of the Tenant for life 8 H. 7. fol. 11. To have a Hariot after the Death of every Tenant that is to say for life and for yeares is a Hariot custome 21 H. 7. f. 16. f. 13. the same To have a Hariot after the death of the Tenant for life is Hariot custome for Hariot service is after the death of the Tenant in Fee 21 H. 7. Tit. 5. Br. Custome that every Tenant of every Estate ought to pay Hariot after his death is Hariot custome 14 H. 4. f. 5. Where the Lord is to have Hariot upon every surrender or upon every alienation is Hariot custome 3 H. 6. Tit. 8. b. Note that a Hariot custome may be due after death or alienation as the custome will serve It seems Hariot service is properly after the Death of Tenant in fee upon discent and not upon every Estate as before is said HAriot service is by reason of the Tenure 8 H. 7. fol. 20. Hariot service is by the Tenure and if the Tenant alien the Land without notice yet the Lord may distraine upon the Land for the Hariot for it is by reason of the Tenure and the Land is charged 8 H. 7. f. 10. B. 6. that is by prescription Hariot service is after the death of the Tenant in fee and not of every Estate 21 H. 7. f. 13. B. 5. You shall see more for payment of Hariot service title discent before and title releife after Where a Haâ—iot is certaine the Lord may seise that as Hariot custome and note that for Hariot service he may distrain it seems where it is certaine to have the best Beast that he may seise THE Lord may seise as well for Hariot service where he is to have the best Beast as for Hariot custome But it is said in another place that for Hariot custome he shall alwaies seise and not distraine for the property is in the Lord forthwith 38 Ed. 3. fol. 7. Br 2. For Hariot custome the Lord may seise and if it be conveyed away he shall have a Detinue and for Hariot service if it be conveyed away he may distraine time of H. 8. Br. 6. Doctor and Student f. 65. The Lord hath property in Hariot custome and may seise that and for Hariot service he may distrain and not seise 8 H. 7. f. 10. Br. 7. He cannot prescribe to distraine for Hariot custome though that it be conveyed away for that that he may have a Detinue for the Law adjudges possession in him 13 Ed. 3. Br 9. It is adjudged that the Lord may seise Hariot service as well as Hariot custome See Plowdens Commentaries fol. 96. between Woodland and others and 16 H. 7. f. 5. It seems
where the Lord prescribes to have the best he may seise for that that it is certaine 6 Ed. 3. Tit. but inquire Who shall pay Hariot and who not and when it shall be paid and what remedy upon putting it away ISsue in avowry if he die his Tenant for the Lord shall have Hariot though that the Tenant do not dye scised for it is sufficient if he dyed his Tenant though that he did not dye seised 44 Ed. 3. fol. 13. Br 1. and 7 H. 4. fol. 17. The Husband and Wife and their Son purchase lands joyntly hariotable and the Husband dies the Lord shall not have a Hariot till after the death of the last of them 24 Ed. 3. fol. 50. Br. 4. and Fitzh 3. 25 Ed. 3.7 and 19. R. 2. tit Hariot 5. Where a man dies seised of two Houses hariotable the Tenant shall pay two Hariots and note there the prescription that a Parson shall have the best Mortuary and the Lord the second best and if the Lord shall have the second best was the Issue taken 7 H. 6. fol. 26. Br. 3. Beasts which are remaining within the Fee of the Lord if they be removed out of the Lordship the Lord may take them for Hariot where he is to have Hariot after the death of every Tenant 27 Book of Ass 24. If my Tenant which holds of me by a Hariot aliens parcell of his land to another every one of them shall pay Hariot for that that it is intire 34 Ed. 3. Fitzh 3. After the death of a Prior Hariot shall not be paid for that he hath no property in the Beasts 32 Ed. 2. Fitzh 7. If a Husband Wife and their Son are seised for their lives the remainder to their said Son in taile after the death of the Husband the Lord shall not have a Hariot for he was not sole seised 24 Ed. 3. Tit. 3.19 R. 2. Tit. 5. The same for it is said there that if one do not dye sole Tenant there shall be no hariot paid Recordare longum If the Lord purchase the Tenancy held by hariot service then the hariot is extinct by the unity of possession for that that it is service annexed to the Land but I intend that it is otherwise of hariot custome where the Lord grants over the land 14 H. 4. f. 8. and 8 H. 7.11 Note that hariot is due immediately after the death of the Tenant Trespasse the Defendant as Lord may justifie taking of hariot within his Fee or if the taking were out it is good and the conveying it out is to no purpose but that the Lord may seise hariot out of his Lordship for it is not in case of the Statute where the Lord distraines within his fee for his services 19 R. 2. Fitzh 5. The Lord may seise Hariot which is the best Beast that his Tenant hath which held of him by hariot though they be in some place out of his Mannor for that that it is certaine 6 Ed. 3. Fitzh 4. If one which holds by hariot service to pay the best Beast dies and hath a Cow at the time of his death which is the best though that the Executors sell that the Lord may seise that in the hands of him to whom shee is sold if the Sale be not in an open Market and not there if without fraud 16 Ed. 3. Fitzh 2. By the custome of some Mannor and of most Mannors the Lord shall have only one hariot upon the dying seised of his copy-holder and discent and not upon every surrender But by the custome of some Mannor hariot is due upon every surrender for life in taile or in Fee as well as upon discent and that in nature of a hariot custome at the Common Law and by the custome of divers Mannors the Lord hath no hariot of some of his Tenants within the Mannor and of some he hath The Lord may seise for hariot custome the hariot and is to seise that of the Goods of the dead and for hariot service to distraine upon the land If a Copy-holder of Inheritance of lands hariotable lying in extreamity upon his bed surrender into the hands of two Tenants to the use of his eldest Son in Fee and dies before that surrender be presented in the Court the Lord shall have hariot but if this surrender had been presented in Court and the eldest Son had been aâ—â—â—ted accordingly and after the Father had dyed there the Lord shall have no hariot unlesse it be hariot custome due to him onely by custome upon every alteration and exchange of Tenant for life and in Fee The same Law is if the Father copy-holder of Land hariotable surrencer in the Lords Court to the use of himself for life of the Son of his Daughter for life and after to the use of the Son of his Daughter and to the Heires of the Son and they are admitted accordingly and after the Father dies the Lord shal not have hariot unlesse it be hariot by custome due upon every Estate for life in tail and fee upon every surrender which is due by the custome but in this case if the hariot were due by the death of his Tenants and discends to the heire only then the Lord shall not have the hariot If the Father being a Copy-holder of Inheritance or by the custome the Lord is to have Hariot upon every discent only and he lying in extreames surrenders into the hands of the Steward to the use of his eldest Son and his heirs and dies and after that surrender is presented in Court and he is admitted accordingly it seems that the Lord there shall have a hariot But if the Father being Copy-holder of Inheritance or by the custome the Lord having Hariot upon every discent only surrender in full Court to the use of his eldest Son and his heirs and the eldest Son is admitted accordingly and after the Father dies there the Lord shall have no Hariot So it seems if in this case the Father surrender to the use of himselfe for life the remainder to the use of his eldest Son and his heires and they both are admitted accordingly and after the Father dies there the Lord shall not have hariot 34 Ed. 3. Statham If my Tenant which holds of me by a hariot alien parcell of that land to another every of them is charged to me of a hariot for that it is intire and though the Tenant purchase the land again yet if I be seised of a hariot by another man I shall have of him for every portion a hariot and that by the opinion of Wilby and Sharde 4 Ed. 3. Statham Tit. Avowrie one avowes for hariot Plaintiff demands Judgement for that he doth not allead â—â—eisin of the hariot and it seemes of hariot custome he need not to alleadge Seisin but otherwise it is of hariot service 6 Ed. 3. Statham Tit. avowrie if one avow for hariot custome he shall recite the custome in his Avowrie 24 Ed. 3. Statham
life by Deed and I deliver it out of the view and no livery of seisin that he is but Tenant at will by Newton as it is sayd before 18 H. 6. fol. 16. Note where a Deed shall enure as a confirmation without Livery of Seisin and where not A Lease for yeares is made and after the Lessor makes a Deed by I have given granted and confirmed to the Lessee to him and his heires and deliver to him this Deed this is good without livery 22 Ed. 4. fol. 37. and 19 H. 6. fol. 44. the same If I let to one for yeares and after make to him a Deed by I have given and granted to have the Land for life or to him and to his heires and deliver to him the Deed he hath an Estate according to the Deed without livery and seisin the same Law where a Disseisee makes a Deed by I have given to the Disseisor and delivers to him the Deed as before is sayd Lit. fol. 121. Feoffment to diverse and livery to one where both take and where not and where one makes a Letter of Attorney by words is not good A Man makes a Feoffment by Deed to twenty and delivers the Deed and Seisin to one in the name of all this is good to them all but if he enfeoffe twenty without Deed and Delivers seisin to one in name of all this is good to him onely Time of H. 8. Br Feoffment 72.15 Ed. 4. fol. 18. and 10 E. 4. fol. 1. by Choke Tenant enfeoffs the Lord and another and makes livery to the other nothing vests in the Lord without his agreement 10 E. 4. fol. 12.6 E. 4. fol. 4. Where a Corporation and another are enfeoffed livery to one is not good to both for that that they take in Common and for that livery shall be to both of them 7 H. 7. fol. 9. by Hussey Attorney by word cannot make livery 19 H. 8. fol. 9. by Shelley and Englefeild A man enfeoffe foure by Deed and one makes letter of Attorney to J. S. to take seifin for him and the rest and he takes seisin accordingly the residue take nothing by the seisin 17 H. 8. Br Feoff 67. Mortdancester Many times Mortdancester is brought of Copy-hold Land and for that some thing shall be said of Mortdancester and it seemes if the Tenant traverse one point of the writ the residue shall not be inquired Contrary is by 9 Ed. 3. fol. 30. Fitzh Mortdancester 13. IF one takes Issue upon one point and found against him the residue shall be held confessed 27 H. 8. fol. 12. and 39 Ass 13. But Abridgement of Assise fol. 120. If the Tenant plead in Barr which is found against him the Assise ought not to inquire of the points at large Mortdancester If the Tenant traverse one of the points of the Writ as to say that he is not next heire and is found for the Plaintiffe there he shall not inquire of other points for when one point is traversed all others are in manner acknowledged otherwise it is where he acknowledgeth no point as pleading that the Plaintiffe is a Bastard there they ought to inquire of the residue of the points Statham 35 E. 3. If the Tenant traverse one of the points of the Writ the remainder shall be held not gainsayd by Sharde 14 E. 3. tit Fitzh 8.33 E. 3. Fitzh 34. accordingly Abridgement of Assise fol. 118. The points of the Writ are three that is First if the Ancestor of the Demandant was seised in his Demesne as of fee the day that he dyed Secondly If he dyed seised within fifty yeares last past Thirdly If the Demandant be next heire The Tenant saith that the Ancestor of the Plaintiffe did not dye seised in fee and the Assise charged upon all the points 9 Ed. 3. tit 13. and 9 Book of Assises 14. according B. 21. If the Tenant plead in Barr without that that the Father of the Demandant dyed seised if that be found against him the points of the Writ shall not be inquired but if he plead to the Writ it is otherwise 27 H. 8. fol. 12. by Fitzherbart Where the Tenant traverseth one of the points of the Writ and the Assise is awarded and found for the Plaintiffe he shall not inquire of the other points but shall be taken confessed Abridgement Book of Ass fol. 118. If the Tenant pleads Feoffment or Surrender he ought to traverse the dying seised IF the Tenant pleads matter in Deed as Feoffment of the same Ancestor they ought to traverse the dying seised but if hee plead recovery this is a Barr unlesse the Tenant convey title afterwards 6 Ed. 4. fol. 11. Mortdancester Natura brevium 119. By Thorpe Feoffment of the same Ancestor is no Plea in Barr but to the Assise for the Action is taken of dying seised after that is to say The day that he dyed or not 34 Book of Assises 20. Where there shall be a re-summons and where the Assise shall be awarded upon default and the points shall be inquired THe Tenant was Essoyned and at the day made default and re-summons was awarded and sayd that it ought 8 Book of Assises 13. Inquire Fitzh fol. 196. G. The Tenant was effoyned and at the day made default and adjudged that the Assise shall be taken by his default and that resummons shall not be but immediately after Summons 4 H. 7. f. 23. and 4 Ed. 2. Fitzh 37. A man cannot recover by default in this Writ without inquiring of the points of the Writ 31 Ed. 3. Tit. 58. Abridgment Book of Assises f. 119. The Tenant makes default by which resummons went out upon which he comes and pleads and doth not answer to the default Where it is found against the Tenant upon Plea which trencheth to the action the points of the Writ shall not be inquired otherwise it is upon a Plea in abatement see 39 Book of Assises 13. and 29 Book of Assises 48. Mortdancester If the Tenant plead non-tenure of parcell to the Writ and if found c. And is ready to heare the Recognisance of the Assise the points shall be inquired 20 Book of Assises 19. and 4. Ed. 2. fol. 39. Mortdancester the Tenant saith that he is ready to heare Recognisance of Assise the points inquired 12 Ed. 3. f. 10. If the Tenant plead non-tenure of parcell he ought to plead over to the Assise that is to pray that the Points be inquired 12 Book of Assisee 8. and Abridgment Book of Ass fol. 122. See there Where Mortdancester lyeth IT lyes for the Heir where his Father Mother Brother Sister Uncle Aunt Nephew or Neece dieth seised of any Lands of an estate in Fee and an Estranger abates there the Heir shall have a Mordancester and when his Father were seised and disseised the day that he dyed yet it lyes Fitzh fol. 195. C.D. If Tenent by the Curtesie alien the Heir shall have Mordancester unlesse he hath assets by him And if a
no Mortmain Non-Tenure In so much that you sue here plaints for Coppy-holder and make protestation in nature of what Writ serves your case and many times non tenure in them is pleaded let us see where non tenure is a Plea or is a plea of parcell and not of all NOntenure is no Plea in a Nuper obiit for it is to try privity of blood 7 H. 6. fol. 8. Fitzh fol. 197. D. F. accordingly but abridgment Ass fol. 120. Non-tenure is a good Plea in Mortdancester If one plead Ancient Demesne he cannot afterwards plead Non-tenure for none may plead ancient Demesne but the Tenant 41. Ed 3. fol. 22. If one plead Non-tenure of parcell he ought to shew that he is Tenant of that But if he plead Non-tenure of al otherwise it is 8 Ed 4. fol. 6.11 H. 4. fol. 16. and 36 H. 6.6 Non-tenure is no Plea in Scire facias to have Execution upon a Fine 7 H. 4. fol. 12. Generally Non tenure is no plea in Scire facias to have Execution for that that nothing in that is demanded but Execution is demanded only But it seems one may plead speciall Non-tenure as to say that he was a Disseisor and the Disseisee hath entered upon him 7. H. 6. fol. 16. Cessavit and counts that the Tenant held a house of him by fealty and suit of Court he may deny that he is no Tenant of the whole house for he cannot tender the whole arrearages without his companion and goes in abatement of all Rast Non-tenure 1. But Non-tenure of a parcell in a Precipe shall not abate for all 21 Ed. 4. fol. 25. Non-tenure of parcel shal abate all the Writ by the Common Law and now by the Statute but for the parcell 36 H. 6. fol. 6.18 Ed. 4.41 Ed. 3.20 4. Ed. 4.33 Littleton fol. 126. Formedon If the Tenant plead Non tenure Judgement shall be that the Tenant shall go without day and after such judgment the Demandant may enter 26 H. 8. fol. 3. Attaint He which was party to the first Record cannot plead Non-tenure by Hare but his feoffee may 21 H. 6. fol. 62. Attaint against him which recovers and the petty-Jury and he saith that he was not tenant day of the Writ purchased and held good 6. Book of Assises Attaint against J.S. upon a verdict which passed for J. S. in a Writ of Entry upon disseisin and notwithstanding that J. S. pleads as Tenant yet for that that he was not Tenant day of this attaint nor ever after the Writ shal abate by Non-tenure 14 Book of Ass 2. Attaint Non-tenure was good but it was pleaded there by the Heir or other person against whom the recovery was Fitzh fol 107. L. Attaint Non-tenure hath been admitted a good Plea divers times 8 Ed 4.20 A man recovers in Court Baron in right and the other brings false judgement and recovers that and in Scire facias to have Execution he which first recovered pleads speciall Non-tenure to stay Execution and said that he shall have it 9. H. 5. fol. 11. Scire facias to have Execution if the Tenant pleads Non-tenure specially That is that he hath nothing but for years the Plaintiffe shall not have Execution at his peri II. Nuper obii In so much that Nuper obiit is a Plaint sometimes by Copi-holder of that in Court Baron something shall be said of that and where it lies and where not IT appears it lies where Lands discends to Coparceners and after the death of the Ancestor one enters into all and deforceth the other as where Grandfather Father Brother Uncle or other Ancester die seised of an estate in Fee and after their death one of their Heirs enters and deforces the other Coparceners here the Coparceners deforced shall have a Nuper obiit against the other Coparcener which deforceth them And if one Coparcener be deforced by the other Coparcener and a stranger she shall have a Naper obiit against her Coparcener and this Jointenancy shall not abate the Writ And this Writ lieth as well between Coheirs in Gavelkind as between women which are Coparceners if one deforce the other Fitzh fol. 197. A. C. Nuper obiit lieth between sisters of the half blood 3. Ed. 1 Tit. 5. Fitz. f. 179. G. Nuper obiit is maintainable where her Ancester was carried out of the same tenements the day before his death against his will by the other Coparcener and dies out of the same tenements 4. Ed. 2. Tit. 10. Fitzh 197. L. Nuper obiit lieth of a Corody 16. Ed. 2. tit 11.10 Ass 11. Br 3. Fitzh 179. If there be two Coparceners and one of them marries a Villain and the other deforce them the Villain and his wife shall not have a Nuper obiit 16. Ed. 3. tit Fitzh 17. Officer Where your Officer or Sheriffe shall be punished for executing of Processe as trespassor and where not and how he ought to carry hemself in executing Processe OFficer shall be punished in trespasse that by Fieri facias out of any Court breaks the door of a house to do execution and for that only not for taking the goods in execution 18. Ed. 4. fol. 4. It is held that an Officer cannot break the close to make a Replegiare where there is a gate unless that that be stopt the same Law is of executing Processe out of a Court Baron 21. H. 6. fol. 30. Where one is indicted of trespas and Capias awarded or a Commission to take the party indicted and he shuts his gates there the Officer may break the gates unlesse he may otherwise come to take him for this is for the King otherwise it is to execute Processe out of a Court Baron 27. Book of Assise 35. Where erronious Judgment is given in any Court the Officer which doth the execution is excused Contrary where the Court gives Judgment of Land or contract which lieth out of their jurisdiction for their trespasse or Assise lies against the Officer 22. Ass 64. Plowden 19â— There is also a Diversity where in Court Baron Judgment is given that is void or voidable for where judgment and execution is there of a thing whereof they have no jurisdiction there trespasse lies against the Officer for executing it but if Judgment be there but erronious and so not void false judgment lies and no trespasse against the Officer Plowdens Com. 394. contrary Law Where an Officer by commandment of a Bishop arrests one for holding an opinion that he would not pay Tithes false Imprisonment lies The same Law where a Justice of Peace laies his command upon one out of the Sessions without other matter and for that is Imprisoned Where one by a Capias out of the Court Baron arrests one false Imprisonment lies against the Officers 10. H. 7. fol. 17. It seems if the Sheriffe arrest one by a Capias awarded against him out of the Common Bench where there is no Originall yet false Imprisonment doth
himselfe and partakers and let them contribute the same Law is of Joynt-Tenants Marlb chap. 9. Fitzh 162. C. Where two Coparceners make partition and one aliens her part to one and the other heâ— part to another the Lord may distraine which he pleaseth but if one make the suit that shall discharge the other 24 Ed. 3. Tit. Br. 4. By Tremaile it is said that suit reall is due by reason of the Body that is for that that the Body is resident within the precinct and not by reason of Free-hold and this is due at the Courts Royall as at the Courts of the King or Queen as at Leets and VVapontakes which are the Courts of the King or Queen and suit service is by reason of Free-hold that is by reason of their Tenure that is for that they hold of their Lord by suit to his Court 45 Ed. 3. f. 23. If a man have lands within the Precinct of divers Leets and be resident within only one he oweth Suit but to that and if he be distrained to come to another Leet he shall have a speciall Writ that he shall not distraine him and that is by Marlebridge chap. 10. Fitzh f. 160. B. If there be three or foure Coparceners and the eldest makes the Suit shee shall have a Contributione facienda Rastall County 2. against the others to be Contributaries the same Law is where one Joynt-Tenant makes the Suit for all by agreement Fitzh f. 162. C. and 1 H. 4. f. 3. A. If there be two Coparceners for which one Suit ought to be made and the eldest Sister will not make the Suit then the Lord may distraine the other Coparcener as well as the eldest and then she shall have a Writ against the eldest Sister to compell her to make the Suit Fitzh f 159. E. Fitzh 159. C. If lands discend to many Coparceners of which one Suit ought to be made if the Land be held of the King then all the Coparceners ought to make the Suit as well after partition as before during the time that one is in the Kings Ward The Signiory is suspended of another Lord which cannot distraine And so during the time cannot distraine for Suit to the Lords Court 13 H. 7. f. 15. Fitzh f. 158. C. Fitzh 158. Where the Tenant holds his Land to make Suit to the County-Court or to the Hundred or other Court-baron wapontake or Leet and he that ought to make the Suit is in ward to the King or to his Committee his Guardian shall have a Writ De exoneratione Secte if he be distrained Fitzh 157. a. And if he do the King or the Committee shall have a Writ of Exoneratione secte to surcease Fatzh 157. A. and 2 Ed. 6. chap. 8. Doth not alter in the common Law in this point for suit to the Court 4 Ed. 4. f. 23. and see 20 Book Ass 17. that the Signiory is suspended for the time Where one in ward of the King and oweth suit to another Lord which distraines him the King or his Committee may have a VVrit of Exoneratione secte during the time that he is in ward Fitzh 158. a. If the King hath Lands by Forfeiture or by Escheat and lets them for life or at will and the Lord of whom they are held will distraine for suit to his Court the Lessee shall have a speciall VVrit to surcease Fitzh f. 159. A. If Lands held of the King discends to many Coparceners then all the Coparceners ought to make the Suit as well after partition as before Fitzh f. 159. C. If Tenant of the King alien parcell of the Land held of him yet the King or his Officers may distraine one of the Tenants for all the Rent for though West 3. chap. 3. be that the Feoffee shall hold for that part that the Statute shall not binde the King but another person cannot distraine but for the rate Fitzh f. 335. a. But I say if one holds two Acres by suit of Court and aliens one Acre the Feostor and Feoffee shall make both suites 43 Ed. 3. f. 4. b. If two are severally infeoffed by one Tenant which holds of one Mannor of the King every of them shall make suit 45 Ed. 3. Tit. Barr 211. Suit by two is not severable for if the Lord purchase parcell the whole suit is extinct by Mowbray 40 Ed. 3. fol. 40. fee Littleton fol. 49. for suit cannot be apportioned for that that there cannot be contribution for the Lord cannot c. VVhere one holds forty Acres by Fealty and Rent and the Lord purchase twenty Acres of that the Rentin Assise shall be apportioned 4 Book of Ass 5.3 Book of Ass 18. Littleton f. 49. Time of Ed. 1. Tit. Avowrie 226. VVhere ten Acres are held by Fealty and Rent and these ten Acres come into severall hands the Lord may distraine every one but for his portion by West 3. chap. 3. for that is there shall depart from the cheife Lord that part of the service to be taken by the hands of the Feoffee according to the quantity of the Land Rent service shall be according to the value of the land purchased and not according to the quantity 18 E. 2. tit Rastall Attorney 4. Avowrie 218. Lord and Tenant and is seised of two Courts that is one in D. and another in S. and the Tenant holds of the Mannor of D. by suite to this Court and by agreement of the Lord the Tenant makes his suit to the Mannor of S. aster that the Tenant cannot have against the form of the Feoffment and disagree but the Lord may disagree and distraine him to come to his Court of D. againe when he pleaseth though it be that he hath come to S. by the agreement by forty yeares or more Nat. Bre. 106. 3 Ed. 3. Tit. Action upon the case 24. Partition is between two Coparceners of a Mannor that is that one shall have the Demesnes and the other the Services Suit of Court is suspended but if one dies without Issue the suit is revived 12 H. 4. f. 25. If land be held by suit and parcell of that comes to the Lord the intire suit is extinct and determined for the Lord cannot make contribution of suit to his own Court nor take that 34 Ass 15. Rastall Attorney 1. Every Free-man freely may make an Attorney to follow his suits for him to his Lords Court Merton chap. 10. and Fitzh f. 156. E. Contra formam Feoffamenti lies Where a man infeoffs another before the Statute of Qua emptores terrarum to hold of him by Homage Fealty and Rent by Deed and after he will distraine for suit or other services to be made by him and none shall have this Writ but the Feoffee or his heires Fitzh 162. E. Nat. Bre. f. 106. If the Lord confirm the Estate of his Tenant to hold by certaine service the Tenant shall have a contra formam Feoffamenti upon this confirmation 10 H. 3. tit avowrie
243. 26 Ed. 3. tit 246. Note as it is aforesaid that suit of Court is not incident to a Tenure but is due by Formam charte or by prescription as before the said Statutes Lords are to distraine every Tenant to make suit to their Courts and that suit is called suit service If a man seised of two Acres held by one Hauke makes a Feoffment of one the Feoffor shall hold by one Hauke and the Feoffee by another Littleton fol. so shall it be of suit of Court Brook Tenure 64. Tenant in Dower shall not make Suit if the Heire have sufficient land to be distrained Naturae Brevium fol. 159. B. Tenant in Fee It behooveth that the Steward shall have knowledge of all manner of Estates because of making surrenders of Copy-holders and also because of their Suits Wards Releifs and Services for if the Steward do not know the Estates of the Tenants how can he do Justice And for that somthing ought to be said of Estates and first of an Estate in Fee WHere lands are given to the Abbot of Battell and his Covent he hath Fee for that that they are a Corporation and Corporation iâ— intended to have continuance 11 H. 4. fol. 84. Br. Inquire and see in the next case Where land is given to Maior and Comonalty of London they have Fee without more saying that is without saying to have to them and their Successors 11 H. 7. f. 12. Notwithstanding it seems that Spirituall Corporation may die in some case If I have Common in the Land of an Abbot and I release to an Abbot and not to him and his Successors the Common is extinct but not for the life of the Abbot 26 H. 8. fol. 6. Where land is given to two to have and to hold to them and heires and Suis is left out they have but an Estate for life and not Fee 19 H. 6. f. 73. 20 H. 6. f. 35. the same Devise to one for ever be to him and his Assignes for ever he hath Fee 19 H. 6. f. 9 Where a Devise is to one without more that is is not said what Estate is for life only 22. Ed. 3. Where a Devise is to one and his Heires Males he hath taile and not Fee 27 H. 8. f. 32. If land be given to one to have and to hold to him and his Heires Males he hath Fee Littleton fol. 6. and 9 H. 6. fol. 25. A man devises his land to one to give and sell or to do with that at his will and preasure he hath Fee without more 19 H. 8. f. 9 and 7 Ed. 6. Tit. Devise 39. If a man devise his land to J.S. paying to J.D. a 100 l. J.S. hath Fee but if be devise to J.S. without more he hath but for life and in the first case if he do not pay that in his life time yet if his Heires or Executors pay it that sufficeth therefore it seemeth payment is not a condition there 29 H. 8. Tit. Testament 18. If lands are given to an Abbot or Prior to have to him and to his heires yet he hath not an Estate but for life for that that his heires cannot inherit otherwise it is where land is given to a Bishop or Parson and his Heires for they have Fee 94 H. 5. f. 9. If lands be given to B. for life the remainder to C. in taile the remainder to the right heires of B. the Fee is vested in B. if C. dye without Issue in the life of B. as well as if the remainder were given to him and to his right heirs and the right Heire of B. shall be in by discent if C. dye without Issue and not as a Purchasor 18 Ed. 2. Tit. 109. If Tenant in Fee bargaine and sell his land by Deed Indent and inroll within six Moneths to another though it be not to have to him and his heires he hath in Fee 27 H. 8. f. 6. and fol. 10.32 H. 8. Tit. conscience the twenty fifth the same If lands be given to J.S. to have to him in Fee simple yet he hath no Fee but for life 20 H. 6. fol. 36. But if land be given to one to have to him and his heires so long as such a Tree growes hath Fee determinable 27 H. 6.29 B If a man lets land to J.S. to have and to hold to him and his heires for tearme of the life of J.D. he hath Fee determinable for if J.S. dye living he for whose life the heire of the Lessee may enter and not a stranger as Ocupans Lit. fol. 136. 8 H. 4. fol. 14. You shall see the same 21 H. 8. Tit. Estates 50. and inquire If a man devises lands to J.S. paying ten pounds to his Executors and dies J.S. hath Fee by reason of the payment without words heires The same Law is if one sell his land to J.S. without words heires he hath Fee 4 Ed. 6. tit estates 78. Lease was made for eleven yeares and for security of that made a Writing that if he were disturbed he should have Fee and Livery was made and hath Fee upon disturbance 10 B. of Ass 15. 10 Ed. 3. Tit. Ass 161. the same Lease is made to one for twenty yeares and the Writing expresseth over that after the twenty yeares that the Lessee and his heires shall hold it for ever paying ten pounds and Livery is made he hath Fee forthwith for if the Lessor takes a VVife within the twenty years and dies shee shall recover Dower by award of the Court 31 Ed. 3. tit Feoffment 119. If a man lets for nine yeares upon condition that if the Lessee be disturbed within the tearme that the Lessee shall have Fee if the Farmor alien before disturbance this is disseisin to the Lessor for the see is not in the lessee before the condition broken 43 Book of Ass 41. If Lands be granted to one for five yeares upon condition that if he shall pay to the Grantor within the first two yeares forty Marks that then he shall have fee or otherwise but for five yeares and Livery and Seisin is made he hath fee forthwith upon condition Littleton 81. See 14 H. 8. fol. 25. Diversity where the condition is precedent and where subsequent The Lord Lovell let to W. for life and if the Lessor dyed without Issue of his body W. should have Fee the Fee is not forthwith in W. Plowden fol. 481. Land is given to the Husband and his Wife in speciall taile the remainder in Fee to the Husband which deviseth the Fee to his Wife and dyes without Issue the Wife is seised in Fee 27 Book of Ass 60. Lit. fol. 31. B. If a Woman be seised in Fee and deviseth that to her Husband and his heires and dyes he hath no Fee Natura brevium fol. 88. 3 Ed. 3. Journey to Northampton 33 Ass 3. the same 18 E. 4. fol. 11. B. 18 H. 8. tit Patentees 104. The King gives Land to J. S. and to his
in the Debet and Solet Fitzherbert 134 C shall not have a VVrit of Rationabilibus divisis which is a VVrit of Right Fitzh 10. D. The issue in tail shall not be estopped by Seisin of more rent in the time of his father and for that he shall not have a Ne injuste vexes but may avoid that in Avowrie Fitzh fol. 9. If Tenant in tail hath Issue two Daughters and one enters in all the other shall have a Formedon and not Nuper obiit nor Rationabili parte Fitzh 39. If Tenant in fee of an advowson be disturbed he shall have a Writ of Right of advowson But Tenant in tail of advowson if he be disturbed shall have a Quare Impedit and not a Right of advowson Fitzh 105. S. If Tenant in tail be barred in a Formedon by false verdict and after releases and dies his heir shall have Attaint Fitzh 158. L. The Issue in tail shall have Detinue against the Discontinuee for the deed by which the land was given in tail Fitzh 155. If Tenant in tail lose by default and dies without Issue he shall not have quod ei deforceat but a formedon 7 H. 4. fol. 48. Tenant in tail before the Statute had fee conditional and now by the Statute hath tail and for that shall not forfeit for Treason nor for Felonie but that the Issue shall inherit but by the Statute now he shall forfeit for Treason Nat. bre fol. 102. If tenant in tail be attaint for Felonie his Issue shall inherit 12 H. 4. f. 3. If tenant in tail forfeit his land his Issue shall inherit and yet his wife shall not be endowed by Hank Litt. fol. 11. If a man be seised of land and commits fellonie and after aliens and after is attaint his wife shall have a Writ of Dower against the Feoffee by Navisor But if it be escheated to the King or Lord she shall have no Writ of Dower see 8 Ed. 3. contrary in the like case Nat. Brevium fol. 101. If tenant in tail commit felony for which he is attaint the King shall have escheat for his life 5 6 Ed. 6. cap. 11. VVhere the Husband commits high treason the VVife shall not be received to demand her Dower Perkins fol. 61. If tenant in general tail takes a VVife and hath Issue by the same VVife and the Husband is attaint of felonie and dies his VVife shall not be endowed and yet by the Statute of Westm 2. cap. 1. the Issue shall inherit Stamf. fol. 194. By the Common-Law the offender in felonie or treason shall forfeit the title that his VVife shall have by the marriage to be endowed of the land But by the Statute of 1 Ed. 6. cap. 12. though any person be attaint convict or outlawed of any misprision of treason murther or felonie yet their VVives shall be endowed But by 5 6 Ed. 8. cap. 11. it is otherwise of treason as afore is said see 5. Eliz. cap. 1. cap. 11. 18 Eliz. cap. 1. for certain treasons 19 Ed. 2. tit 61. Fitzh Before the Statute of West 1. after Issue had tenant in tail hath power to alien but not before Issue had 4 Ed. 3. tit 22. Fitzh Land given in special tail to have to them in fee and if they die without Issue of their body that the land shall revert c. this is adjudged a special intail 24 Ed. 3. tit 4. Fitzh If lands be given to two Husbands and their VVives and to the heirs of their bodies begotten it is held clearly that this is a several intail that their Issues shall have several actions Littleton fol. 52. If lands be given to two men and to their heirs of their two bodies begotten the Donees have joynt estate for their two lives and yet have several inheritances that the Issue of one shall have one half and the Issue of the other the other half 8 book of Assise 33 the same 30 book of Assise 9 by Shard If the Ancestor at one time was seised of an estate tail and after purchaseth in fee and after charges the land and dies and his issue enters he shall hold it discharged 18 Ed 2 tit 856. Lands given to one and the heirs of his body to be begotten is a good intail and the issue before as after shall inherit 4 Ed 2 tit 22 Lands given to the Husband and his VVife and to the heirs of their bodies to have to them and their heirs and if they die without heirs of their body that the land shall revert and adjudged a special intail 2 Ed. 4. fol. 6. Land is given in tail to be held of the cheif Lords it is a void Tenendum and shall hold of the Giver 3 book of Assise 8. 4 H. 6. fol. 19. 27 H. 8. f. 31. If Tenant of the King makes a gift in tail without license the King may choose the giver or the to whom it is given for his Tenant but if he take the ward of one he shall not have the other 5 H. 4. f. 3. Where lands was given to Eme to have to the said Eme and the heirs of the body of Iohn late her Husband the remainder to the right heirs of Eme and for that the heirs of John were not named before the habendum he hath nothing but Eme hath an intail c. 12. H. 4. f. 2. Where lands was given to J.M. and to the heirs of the body of Eliz. late his Wife begotten and though Eliz. was dead at the time of the gift yet this is a good intail that W. the issue of J.M. of the body of Eliz. shall inherit Littleton 6. If a man have issue a Son and dies and land is given to the Son and to the heirs of the body of his Father begotten this is a good intail and yet the Father was dead at the time of the Gift What Acts by Tenant in tail shall bind his issue and others and what not TEnant in tail the reversion to the King Rastall Recoveries 4. makes a feoffment and dies his issue enters and is Tenant in tail for he cannot discontinue And 34. H. 8. chap. 20. If he suffer common Recovery or Voucher where the reversion is in the King this shall not bind the issue 40. Ass 36. Fine levied by tenant in tail in possession reversion Rastall Proclam 3. remainder or in use of full age with Proclamation according to the Statute of 4. H. 7. chap. 12. immediately after the Fine levied and Ingrossed and Proclamations made shall be a Barr against the Tenant in tail and also against his heirs claiming the tail But if Tenant in tail the reversion in the King levie such a fine Rastall Fines 9. this is in such force and effect as it was before the making of this Statute and not otherwise 32 H. 8. chap. 36. See 30 H. 8. tit Barr the 97. Assurance 6. Tenant in tail is bound in a recognisance and execution is sued by Elegit
by the Statute of 35 H. 8. chap. 20. It shall not binde the Issue in taile but that he may enter see M. 33. H. 8. Tit. 31. Recovery in value Seek if the Statute of 34. 35. H. 8. Provides for any Issues in taile but only the Issues of the Donees of the King for the Preamble speakes only of those but the Statute is whereof the reversion or remainder is in the King and for that it seems every Issue in taile where the Reversion or remainder is in the King may enter but a Fine with Proclamation by such Tenant in taile the Reversion or remainder in the King seemes is not remedied by this Statute but by 32 Hen. 8. chap. 36. Where Reversion is in the King is no discontinuance for though the Heire in taile shall be barred by Fine with Proclamation after Proclamation made yet there is an exception in the Ststute of those whereof Reversion or remainder is in the King so that it shall not binde such Issue in taile title assurance 6. see 4 H. 7. chap. 24. 37 Hâ—â— Where Tenant in taile is attaint of Treason before the Statute of 26 H. 8. His Son shall have the land for he doth not claime only as Heire but by the Statute and by the form of the gift see the Statute of 5 and 6. Ed. 6. chap. 11. That for high Treason Tenant in taile shall forfeit his Lands Com. f. 237. 27 H. 8. f. 6. If Tenant in taile sell Trees and dies and after he that hath bought them cuts them trespasse lies but if they be cut in his life time it seems the Buyer may take them 18 Ed. 3. Tit. Disseisin 92 Where Tenant in taile is bound in a Statute and dies and his Issue enters and the Conisee outs him by execution which is an act of Law he is a Disseisor Plowd Com. f. 235. before the Statute of Westm 2. he had but an Estate of Inheritance and that was Fee but this was in two manners absolute and conditionall and Formedon in Reverter was at the common Law and Formedon in Remainder by the Statute 1 H. 4. f. 6. If Tenant in taile by Estoppel or livery suing holds of the King and dies his Issue shall not be Estopped 43 Ed. 3. f. 14. Presentment to an Advowson in the life of the Tenant in taile puts him during his life out of possession but not his Issue 38 Ass 5. Tenant in taile is bound in Recognisance and Execution is sued by Elegit and this Land delivered in execution and after the Tenant in taile dies his Issue may enter without suing Audila querela 17 Ass 21. If Tenant in taile be bound in a Statute and hath Issue and dies and after execution is sued against the Issue this is disseisin to him and he shall have Assise though he comes in by processe by Law 14 Ass 3. It seems if Tenant in taile be bound in a Statute and dies and after his Issue infeoffs J.S. that the Conisee may have Execution against the Feoffee 35 H. 8. fol. 38. If the King gives in taile by his Letters Patents and after the Donee surrenders the Letters Patents to the King the taile by this is not extinct 38 H. 8. Tit. 39. Land is given in taile to the King he is Tenant in taile and cannot have greater Estate then the giver will depart to him and if the King let for yeares or for life or make a Feoffment in fee and hath Issue â—nd dies the Issue may enter for this is no discontinuance Tenant in Frank-marriage GIft was to the Husband and his Wife in Frank-marriage and this may be as well after the marriage as before 4 Ed. 3. Title Taile 6. Perkins fol. 48. C. If a gift be made with a woman in Franke-marriage which is not Cozen to the giver this is but for life Old Tenures Gift in frank-marriage with the Son of the giver his Cozen is no frank-marriage Time of H. 8. Tit. 10. but Fitz f. 172. H. and 7 E. 4. f. 12. A. by Moile in the Prior of Spaldings case seems contrary Gift in frank-marriage within the yeares of Marriage with a Daughter and they were divorced at full age at the Suit of the Husband yet the Daughter shall have all for she was the cause of the gift 19 Book of Assise 2. 19 Ed. 3. Title Assise 83. If a gift be to the Husband and his VVife in taile and they are divorced it seemes that they have not now but a freehold and though that they have Issue before the Divorce that shall not inherite But if a gift in tayle be made to two men or to one man and his Mother or Daughter and to the heires of their bodies their severall heires of their bodies shall inherite for that that they cannot marry 7 H. 4. fol. 16. and 17 Ed. 3. fol. 51. and Title tayle the 15. This is where the Divorce defeats the marriage from the beginning Gift in Frank-marriage rendring twenty shillings rent this reservation is void 4 H. 6. fol. 22. by Martin But the old Tenure is contrary tit Frank-marriage and 17 Ed. 3. fol. 66. also contrary If a gift be in Frank-marriage with his Cozen rendring Rent this is Intaile and not Frank-marriage and if a gift be with a Woman in Frank-marriage which is no Cozen to the giver this is but for life See before the 45 Ed. 3. fol. 20. If a man give in Frank-marriage rendring Rent the reservation is voyd till the fourth degree be past 26 Book of Ass 66. Land was given to a man and his Wife in Frank-marriage to have and to hold to the Husband and his heires and adjudged they have taile and not Fee for the frank-marriage shall not be defeated by words afterwards 32 Ed. 1. tit Taile 25. Reversion was given with his Daughter to one in Frank-marriage and is good 26 Ed. 3. tit 27. Taile Gift is made with Agnes his Daughter to A. in Frank-marriage and after A. marries Agnes and dyes and hee gives another Acre with Agnes to B. her second Husband in Frank-marriage and both are Frank-marriage 31 Ed. 1. tit Taile 30. Gift in Frank-marriage the remainder to J. D. in fee is not good for there cannot be an acquittall where remainder is given over Time of H. 8. tit 11. 19 Ed. 3. tit 1. If Lands be given in Frank-marriage to have for their lives the To have shall not abridge but inlarge the Estate and for that is is Frank-marriage 2 E. 3. tit 94. One gives Land to A. with Alice his Daughter in Frank-marriage to have and to hold to the aforesayd A. and his heires and it seemes Frank-marriage 13 Ed. 1. tit Formedon 63. I. gave R. and Alice his Daughter Lands in Frank-marriage to have to the aforesaid R. and Alice and their heires or to whom he will assigne it and the sayd R. did beget no heire of the sayd Alice nor the sayd R. and A. did not assigne it to any
in their life time and it seemes that after the death of R. and A. without Issue the Land ought to revert to J. See 45 Ed. 1. fol. 20. Tenant after possibility of Issue extinct TEnant after possibility of Issue extinct shall not have ayd of him in reversion but he in remainder shall be received upon his default 2 H. 4. fol. 17. 7 H. 4. f. 10 11 H. 4. fol. 14. the same Time of Ed. 1. Fitzh wa st 125. shall not be punished in wast Nor shall be compelled to attorn in a Quid juris clamat 46 Ed. 3.25 39 Ed. 3. the same and 12 Ed. 4. fol. 3. the same If he alien he in reversion may enter for forfeiture 45 Ed. 3.25 11. H. 4. f. 14. the same 10 H. 6. f. 1 and 39 Ed. 3. f. 20. Tenant after possibility of Issue extinct shall not have wast 2 H. 4. f. 21. wast doth not lie against Tenant after possibility of Issue extinct 45 Ed. 3. f. 25. He shall not have aid but if he alien he in reversion may enter for forfeiture 10 H. 6. f. 1. 39 Ed. 3. f. 20. Lit. f. 7. and 11 H. 4. f. 14. the same 39 Ed. 3. tit 17. Taile Tenant after possibility of Issue extinct which is impleaded shall not have aid of him in reversion but if he alien in Fee he in reversion may enter and shall not be compellable to attorn nor wast lies against him but if he makes default after default he in reveresion may be received Tenant by the Curtesie IF a married woman be Tenant after possibility of Issue extinct and the Fee discends from her Ancestor and she dies it is held that the Husband shall be Tenant by the curtesie 9 Ed. 4. f. 19. and 14 Ed. 3. f. 7. Husband discontinues Lands of his Wife and takes an Estate again to them in fee and hath Issue and the Wife dies then the Husband shall not be Tenant by the curtesie 9 H. 7. f. 1. If a man have Issue by his Wife Inheritrix though she had Issue a Daughter before she inherited yet he shall be Tenant by the curtesie 21 H. 3. Title Dower 198. If a woman Signioresse take her Tenant to Husband and hath Issue and dies the Husband shall not be Tenant by the curtesie of Services 1 Ed. 3. Tit. Dower 70. A man shall not be Tenant by the curtesie unlesse his VVife have possession in Deed of it but of an Advowson and Rent where she dyed before day of payment he shall be Tenant by the curtesie 21. Ed. 3. fol. 49. the same If the Issue be born living notwithstanding that he dies before he be heard cry the Husband shall be Tenant by the curtesie for the Issue shall not be taken if the Infant were heard cry after he was born but if he were born alive or not Perkins f. 89. A man seised of Land in fee is attaint of felony his Wife shall loose Dower but if the VVife seised in fee be attaint of felony and hath Issue by her Husband and she is hanged yet the Husband shal be Tenanr by the curtefie 21 Ed. 3. f. 49. A man takes a VVife seised in fee and hath Issue he commits felony for which he is attaint the King pardons him it seems he shall not be Tenant by the curtesie by reason of the Issue which he had before his attainder but if he had Issue after his pardon it is otherwise 13 H. 7. fol. 17. If a man takes a VVife seised in fee and she is attaint of Felony and hanged the King shall have the Land forthwith if the Husband were not intitled to be Tenant by the curtesie 11 H. 4. f. 19. b. Daughter and Heire endows her Mother and after takes a Husband and hath Issue and dies the Mother after dies the Husband shall not be Tenant but by the curtesie of that 8 Book of Affises 6. 3 H. 7. f. 5. If Rent discends to a Daughter which takes a Husband and she dyes before the day of payment the Husband shall be Tenant hy the curtesie Fitzh f. 149. D. A man shall not be Tenant by the curtesie of Land of the VVife unlesse the VVife have possession in Deed of that Land if it be not in a special case as of Advowson or Rent where she dies before the day of payment of the Rent Tenant in dower THE Wife after the death of her Husband shall remain in the cheife House by forty daies after the death of her Husband within which daies her Dower shall be assigned unto her unlesse before it were assigned and there shall be also assigned unto her the third part of all the Land of her Husband which was his in his life time Magna Charta chap. 7. Of Widowes which cannot have their Dowers without Suit that is that whosoever shall deforce them of their Dowries of the Tenements of which their Husbands died seised and afterwards the same Widowes by Suit recover them they shall give unto the said Widowes all their dammages according to the value of the whole Dowrie due unto them from the time of the death of their Husbands Merton chap. 1. If a Woman of her own accord leave her Husband and departeth and liveth with an Adulterer she shall for ever loose her action of recovering her Dower which was due unto her of her Husbands Tenements and be of that convicted unlesse her Husband of his own accord and without cohersion of the Church shall receive her and suffer her to dwell with him West 2. chap. 34. If the Hnsband be attaint convict or out-Lawed of Felony yet his Wife shall be indowed but if the Husband be attaint of Treason his Wife shall not be indowed by 1 Ed. 6. chap 12 5 Ed. 6. chap. 11. Where a woman shall beindowed and where not WHere the Husband Tenant of the King dies and his Wife is committed to the King during that time she shall not have Dower if she be not surprised of Dower 2 H. 4. f. 7. 6 H. 4. f. 7. It seems if a woman takes a lease by Indenture for years that during this lease she is not Dowable but if she take the Lessor to Husband and after he dies she is Dowable notwithstanding the lease 6 H. 4. fol. 7. Fitzh 149. E. the same Dower shall not be where the Husband dies having the reversion of a Free-hold that is of a reversion of an Estate for life as a man lets for life and afterwards takes a Wife and dies 2 H. 4. f. 27. 1 Ed. 6. tit Dower 89. 7 H. 6. f. 9. by June Fitzh 149. C. A woman may be endowed of a mine of Coals but she cannot make new mines for that shall be said wast Where the Estate is made to the Husband for life the remainder to another for life the remainder to the Husband in fee the Husband dies his Wife shall not have Dower unless that the Husband survive him in remainder for life 46 Ed. 3. f.
Detinue 21 H. 6. fol. 43. is That an action of wast doth not lye against Tenant at will which makes wast but trespasse 41 Ed. 3. f. 24. Where a Miller takes more tole then he ought action upon the case lies against him and not trespasse 2 Ed. 4. f. 5. If my Servant of a shop which hath power to sell gives my Wares it seems that I shall have trespasse against the Donee Tenant at will may cut Trees seasonable but if he cut great Trees wast doth not lye but action upon the case Tenant at will of a Mine may take the Oare and sell it 12 Ed. 4. f. 8. He which holds at will hath that at the will of both and Debt lieth for the Rent reserved 20 Edw. 4. fol. 9. If the Lessee at will sow the Land and after be outed he shall have the Crop but if he be outed after the plowing and before the sowing he shall loose the Costs of plowing and the compost of that 11 H. 4. fol. 90 Tenant at sufferance Who is Tenant at sufferance and who not and what acts he may do TEnant at sufferance is where one of his own head occupies my Land and claims nothing but at my will and release to him is not good Littleton f. 108. There is no Tenant at sufferance but he which first enters by authority and Lawfully as a man lets for yeares or for anothers life and holds in further after the Lease expired or after the death of him for whose life time of H. 8. tit Tenant by copy 15. Tenant at sufferance is when Lessee for yeares after the tearm ended occupies the Land by consent of the Lessor without a Lease at will 21 H. 6. f. 42. Tenant at sufferance may distrain doing dammage upon the Land and yet release made to him is not good 4 H. 7. f. 3. and he may have trespasse Villainage For that that in the fifth Article villainage is to be inquired in Leet and in Court-Baron and is to be inquired who is Villainof the Kings Somthing shall be said touching that and first how they began and where the Lord may seise and have them and how their Goods and Chattells and other things and how contrary and how not VIllaines began after Noahs Flood that is when all things were in common and when they increased and also were taken in Battells and one kil'd another to avoid this mischeife it was ordained that none should kill another but those which they overcame should be their Villaines to use at their pleasure but not to kill them Britton f. 77. If the Villaine buy Goods and sell them or give them to another before the Lord seise them then the Lord cannot seise them nor have them otherwise it is of the Kings Villaine Littleton f. 39 Lord and Villaine the Lord is indebted to one which makes the Villaine his Executor the Villaine shall have Debt against his Lord and the Lord cannot seise and have the Goods which the Villaine hath as Executor 3 H. 4. f. 15. the same 47 Ed. 3. f. 16. Littleton f. 41. and 21 Ed. 4. f. 50. Old Tenures 2. If a Villaine dy before the Lord seise his Goods or claim by word the Lord cannot seise them not have them but his Executors 3 H. 4. f. 17. If a villaine purchase Lands and alien them before that the Lord enter or buy Goods and sells them before that the Lord seise them the Lord shal not have them Lit. f. 39. If the Lord seise Goods and deliver them to the Villain again if they be taken from him the Lord may have trespasse or take and seise them again and have them 11 H. 4. f. 2. Lit. f. 39. If he seises parcell of the Goods in name of all that suffices forâ—ll The Lord hath possession of Goods of his Villaine by Seisure of land by entry of Rent Reversion and Advowson by claim Perkins f. 6. Littleton 40. The Lord cannot seise his Villaine in the presence of the King and yet after he may have him 27 Book of Ass 49. If my Villaine Infant be in ward of one by reason that he holds of him by Knights service I may enter and seise the Infant and out the Guardian and shall have him 40 Book of Ass 7. The Lord cannot take and seise his Villaine out of the service of another which hath retained him unlesse that he hath more Servants but he may seise the Goods 39 R. 2. tit action upon the case 52. The Lord may take the Rent which a Villaine hath in possession but not a thing in action as obligation of Debt or Covenant What is infranchisement and what not IF a â—ree-man marry his she Villaine she is infranchised Little fol. 41. And that their Issue is free 46 Ed. 3. fol. 4. If a she Villaine marry a Free-man she is made free for ever and shall not be a Villaine again unlesse by a speciall act afterwards as being divorced or acknowledgeth her self a she Villain in Court of Record â—itzh fol. 78. G. 33 Ed. 3. f. 187. Statham is that shee is infranchised but during the marriage If a Villaine woman marry a Free-man she and all her Issue have a free Estate for ever and a Villaine becomes free if he marry his Mistris the same Law if a she Villaine marry her Lord Brit. f. 78. a. If a Villaine dwell in ancient Demesne of the King by a year and a day without claime he is infranchised Fitzh f. 79. A. But there held if he dwell in the ancient Demesne of another Lord then the King by a yeare and a day without claime he is not infranchised 39 H. 6. tit 20. and 39 E. 3. f. 6. If the Lord and his Villaine vouch together where the Villaine hath purchased Lands if he be not from all benefit shut up being called to warranty it is an infranchisement 33 H. 6. f. 1. The Reversion is granted to a Villaine and his Lord being Tenant for life attornes this doth not infranchise the Villaine for the Lord gives nothing to the Villaine and he cannot otherwise have the Reversion 11 H. 7. fol. 13. If a man infranchise his Villaine with the whole sequell it behoveth to be for those created and to be created some born before that infranchisement is not made free 15 H. 7. f. 14. Though the Lord make Attorney where his Villaine is Plaintiff it is no infranchisement 22 Book of Ass 4. 29 Ed. 3. f. 24. the same If the Lord suffer his Villaine to be sworn of a Jury in the Kings Court it is an infranchisment Britton fol. 83. Villaine shall not be infranchised for that his Lord sues a Recordare upon a plaint of Replegiare 5 Ed. 3. f. 187. Statham Tenant in taile of a Mannor to which is a Villaine regardant aliens the same Land to the Villaine and dies The Issue recovers the Land against the Villaine yet he may after seise the Villain and he is not infranchised notwithstanding that
he hath brought action against his Villaine for he cannot otherwise come to the Land 24 Edw. 3. fol. 187. If in an action a Villain imparle with his Lord or hath a day by Prece partium he is infranchised 9 H. 6. f. the last and 22 Ed. 4. f. 36. the same If the Lord suffer his Villaine to be made a Knight it is an infranchisement Britton f. 79. If the Lord infcoffs his Villaine it is an infranchisement for ever 12 H. 3. tit 42. If the Plaintiff in a Writ of Neife be non-suited he shall not have again in his life time any other Nativo habendo but the Villaine by that is infranchised during her life time 6 Ed. 2. tit Villainage 26. See 19 Edw. 2. Tit. 31. If the Lord make to his Villaine an obligation or grant to him an anuity or let to him by Deed for yeares or make to him a Feoffment and Livery and seisin he is infranchised otherwise it â—s if he makes to him a Lease at will or a Feoffment and no Livery Littleton fol. 45. By Wilby if the Lord infeoffs his Villaine without Deed he is not infranchised 24 Ed. 3. tit 32. Villaine to two Coparceners he marries one of them yet he is not infranchised against the other coparcener Fitzh f. 197. N. If a Copy-hold escheat or come to the Lord by forfeiture and the Lord grants that over by Copy to J. S. his Villaine and to his heires to hold at the will of the Lord according to the custome of the Mannor by the services due and used to be paid this is an infranchisement but if a Copy-holder surrender into the hands of the Lord to the use of J.S. the Lords Villaine and to his heires and the Lord by his Steward grant to him Seisin by the rod accordingly this is no infranchisement How the Lord may take advantage of things which he hath by his Villaine by act of his Villaine MAnnor to which a Villaine is regardant is let to one for life and the Villaine purchase in fee the Tenant for life enters he shall have lands to him and to his heires for ever Perk. f. 20. If a Villaine be granted to one for Life and the Villaine purchase in fee the Lessee enters he shall have Fee but if the Lord be Lessee for life and the Tenancy escheat he shall not have that but for life Doctor and Student fol. 90. If Lessee for yeares of a Mannor to which a Villaine is regardant dies and the Villaine purchase Lands and the Executor of the Lessee enter he shall have the Land in fee but it shall be to the use of the Testator Doctor and Student f. 90 Where a Parson hath a Villaine which purchases lands and the Parson enters he shall not have that to the use of himself but in the right of his Church 32 H. 8. tit Villainage 46. Where a Villaine is infeoffed with warranty the Lord may rebut by that if it were discended in possession of the Villaine but not vouch to have in value 18 Ed. 3. f. 29. 22 Book of Ass 37. If a Villaine and his Wife purchase joyntly in Fee and the Lord enters in the half as he may he shall have it but if he do not enter but the Husband dies the wife shall have all by the Survivor and the Lord hath lost his advantage to have the moity A bridg of ass fol. 37.40 assis 7. If a Villain be bound in a statute and before the day incurred his Lord enters the Lord shall have such advantage that execution shall not be sued against him 18. Ed. 3. Tit. Execution Statham If my villain purchase Land and I seise it and the villain dies yet the wife of the villain shall be endowed by Herl 13. Ed. 3.74 Statham 19. Ed. 2. Waste And in so much that you ought to inquire if any Farmer which hath part of the Demesnes of your Lordship hath made wast or any Copy-holder unlesse by the Custom of the Mannor he may make wast if any of them have made wast or not First let us see what is wast in Land and to be punished and what not IT is not wast to suffer the arable Land to lie fresh so that it is full of thorns Fitz. fol. 59. N. 2. H. 6. fol. 11. To suffer a Meadow to be drowned which is rushie or little worth or arable land to be drowned that nothing remains but tough Clay this is wast 20. H. 6. fol. 1. 15. H. 3. Tit. 131. Wast was brought for making meadow arable by Plowd 2. and it seems it lies If a Farmer plough meadow it is wast Fitzh fol. 59. N. and 15. H. 3. tit 131. the same 12. H. 8. If a Farmer do not repair banks of his Land in Lease by which the Land is drowned or if he dig for Copper or Stone or Coals it is wast Fitzh fol. 59. N. 20. H. 6. fol. 1. Wast lies against a Farmer for fish in a Poole 6. R. 2. Statham If there be a Myne in the Land if the Farmer dig the Land and take it it is wast 9. Ed. 4. fol. 35. B. Raising up a Furnace fixed is wast 42. Ed. 3. fol. 6. What is wast in houses to be punished and what not IF a house be uncovered by suddain tempest it is not wast but if the Lessee suffer that to be uncovered that the timber rot it is wast and if the house fall by suddain tempest it is no wast 12. H. 4. fol. 4.33 H. 6. Tit. 155. B. By Danby and Choke If strangers enemies of the King destroy a house or that it be blowen down by suddain tempest wast lies not contrary where it was by enemies traitors subjects 12. H 8. fol. 1. See the time of Ed. 1. tit 123. where it was burnt by I. S. his Neighbour by mischance It seems that not covering of a house is no wast till the great beam of that is rotten 10 H. 7. fol. 2. B. It seems wast may be assigned in breaking a stone-wall and also in a mud-wall for that it is fixt to the free-hold But the Lessee may plead that the lessor licensed him to break it down and this is a good barre And adjudged that if a house be not covered at the time of the Lease made the Lesse is not bound to cover that and also if a house were curious at the time of the Lease made that is a good barr to plead in wast 10 H. 7. fol. 2. B. 40 assis 22. the same and 10 H. 7. fol. 5. the same where a house falls by tempest though the lessee Covenant to repair it he may plead in barr in a writ of wast that it fell by tempest though he cannot plead it in a writ of Covenant 40. Ed. 3. fol. 6. If a Farmer build a house where there was none before the Lease and suffers that to decay it is wast 11 Ed. 2. Statham 12 H. 4. fol. 6. the same 42 Ed. 3. fol. 21. the
came with him to the Assise staid with him pray'd the Sheriff to make an indifferent pannell which is the same maintenance and it is a good Plea 11 H. 6. f. 39. Generall Attorney which sues and is not skilled in the Law may well meddle but he cannot proffer Money to a Jury but may pray them to appeare 34 H. 6. fol. 27. By Choke Maintenance he cannot justifie for that that he was an Attorney retained with him and that by commandement of his Master he retained Councell and gave to them forty pence of his Masters Money and good Inquire if an Attorney cannot retaine Councell without the commandement of his Clyent and if he may not disburse of his proper Moneys for the time But Attorney cannot give of his proper Money nor of his Masters money to Jurors 36 H. 6. fol. 29.11 H. 6. fol. 13. the same Maintenance the Defendant saith that he was an Attorney in the action Judgment if action and good But he cannot give any thing to the Jury but as an Attorney and give Evidence to the Jury for his Clyent he may 13 H. 4. f. 19. If a man maintaine a quarrell by his Attorney action of maintenance lies against the Master 22 H. 6. f. 24. And by Newton If a man of great power in the Countrey will say in the presence of the people that he will spend twenty pound for one party or will give twenty pound to labour for the party though he give nothing is maintenance see before 9 H. 7. fol. 18. Maintenance against a Servant of one by Fortescue if he meance Jurors to out them of their Tenures if they do not paâ—e with his Master this is special Maintenance in the Servant 19 H. 6. f. 30. A man skilled in Law may do his endeavour for his Client and it is no maintenance if the Plaintiff cannot alleadge other special matter forbidden by the Law 8 H. 4. f. 6. B. Embraceor is he which comes to the Barr with the party and speaks in the matter or is there to overlook the Jury or to put them in feare but men skilled in Law may speak in the Cause for their Money but they cannot labour the Jury and if they take money to do that they are Embraceors Fitzh f. 71. A. Tenures and Services It is expedient to know the Services and Tenures which your Tenants shall do and first of the Tenure in cheif and other Tenures of the King and then of other Lords FIrst Tenure in cheif is called where one holds of the King meerly as of his Crown which is a Signiory ingrosse for that it is held of him which is alwayes King and not of the King as of his Mannour of D. c. Fuzh. 3. D. If any Land be held of the King as of the Honour Castle or Mannour such Lands are not held of the King in cheif and this is proved by the Writ of Right which shall be directed in such a Case to the Bailiffs of the Honour Castle or Mannour Also the Statute of Magna Charta chap. 31. is if any hold of any Escheat as of his Honour of Wallingford Nottingham Bullo gne Lancaâ—â—er and of other Escheats which are in Our hand and are of Baronies and dies his Heir shall not give other releif nor make to us other Service then the Barons should make if that Barony were in the hands of the Baron and we in the same manner will hold it as the Baron held it 1 Ed. 6. chap. 4. also is that where a King hath or after shall have any Dukedomes Baronies Castles Mannours Land Tenements Fees or Signiories by Attainder Conviction Outlary or by Dissolution of Monasteries which Lands held of them by Knights Service Socage or otherwise shall not be construed to hold in chief nor as Tenure in cheif See in Br. Tit. Tenures 100. Littleton fol. 31. Tenure of the King in Burgage is where an ancient Town is of which the King is Lord and those which have Tenements within the Borough hold of the King their Tenements that every Tenant by his Tenure ought to pay to the King a certain Rent by the year and such Tenure is but Tenure in Socage Fitzh 6. D. Lands and Tenements within Cities and Townes are held of the King in Burgage Tenure and it behoveth that a Writ of Right Patent of them shall be directed to Mayors Sheriffs and Bailiffs as Bailiffs and Officers of the King as if Lands were held of the King as of any Honour Castle or Mannour by which it appears Tenure in Burgage is Socage Tenure and not Socage in cheif Fitzh fol. 1. J. the same Stamford 13. If one hold of the King in Burgage the King shall not have first Seisin but otherwise it is where he holds of the King by Knights Service in cheif or by Socage in cheif for the Statute of the Kings Prerogative chap. 3. is the King shall have the first Seisin after the Death of them which of him held in cheif of all Lands and Tenements of which they were seised in their Demesn as of Fee whatsoever age their Heirs were of and that is taken as well of Socage in cheif as otherwise in cheif 7 H. 6. fol. 3. The King shall have first Seisin where his Tenant dies seised in his Demesne as of Reversion 47 Ed. 3. fol. 21. If the King purchase Lands which is held of others by this all the Services are extinguished and if he infcoff others to hold of him he shall hold of his Crown in cheif by Finchden and also when an Honour is seised into the Kings hands and a Mannour is held of that Honour which escheats unto him as of common Escheat if he alien to hold of him he shall hold as he held before of the Honour and by the same Services but if he come in as by Forfeiture by Warr or Escheat which is because of his own person and he seise and infeoff others they shall hold in cheif if the King do not expresse other Tenure 33 H. 6 fol 7. By Prisot if the King seise Land by Forfeiture of Treason and grant that over to hold of the cheif Lord by the Service due c. that in this case he shall hold of the cheif Lord as it hath been adjudged 44 Ed. 3. f. 45. The King gives Lands to one to hold to him and his Heirs by the Services due c. and by all the Justices that is Tenure by Knights Service 11 H. 4. fol. 71. It was recorded in the Exchequer that such a one holdeth so much Land of our Lord the King by Serjeanty to finde one Man for the Warr wheresoever within the four Seas and by Hank it is great Serieanty to be made by the Body of a Man 13 H. 7. fol. 16. If one hold of the Dutchy of Cornwall it is in cheif for it was ancient Lands of the Crown Fitzh 165. A. To hold Land to pay certain Rent to the Keeper of the Castle of
Dover is a Tenure in cheif See Littleton 23. See 5 Ed. 4. f. 127. 19 R. 2. Tit. 185. Guard F. Keeper of a Castle in England is Knights Service for it countervailes Escuage and is of the same nature 8 H. 7. fol. 12. If I hold of the King and he grants the same Service to me yet I shall hold of the King for all is held of the King mediately or immediately Magna Charta chap. 20. See there for keeping of a Castle 38 H. 8. Tit. 60. B. Livery where the Heir was in Ward to the King and come to full age there he shall sue Livery out of the Kings hands and the first Seisin is where the Heir is of full age at time of the Death of his Ancestor and where his Tenant holds in Socage in cheif and dies 10 H. 7. f. 23. If one hold of the King to inclose a Park he may by his Grant after reserve for that six Marks and the King is not bound by the Statute of Westminster the third It is held 21 Ed. 3. fol. 41. The King gives the honour of Barkhamsted to the Prince and his Heirs Kings of England and so it seems that Lands held of that Honour seems to be held in cheif yet Magna Charta is that Honour is not properly in cheif 26 H. 8. fol. 10. By Fitzh Lands in the County Palatine of Lancaster held of the Dutchy the King there hath kingly Rights and there Livery shall be sued 17 H. 8. fol. 31. Tenant of the King in cheif makes a Gift in Tail without licence the King may choose the Donee or Donor for his Tenant And if Tenant of the King before the Statute of We m. 3. make a Feoffment the King may choose the Feoffee or Feoffor for his Tenant 4 H. 6. f. 19. 33 H. 8 Tit. 94. B. in the Exchequer 3 Ed. 3. Rot. 2. It was found that a man held of the King in cheif as of his Honour of Raleigh and it was taken no Tenure in cheif but a Tenure of an Honour otherwise it is if the Honour be annexed to the Crown for then the Honour is in cheif And in the year 11 H. 7. The Honour of Raleigh was annexed to the Crown and so it is in cheif But where the King gives Lands to be held of him by Fealty and two pence for all Services that is Socage in cheif for it is of the Kings person and contrary if it were to be held of the Mannour of B. 24 Ed. 3. Tit. 19. He which holds of the King by Service to finde a Man to serve in the War by forty Dayes at his own Charge this is great Serjeanty Tit. 69. Br. That a Tenure to finde one Horse and such like is but small Serjeanty for it is not corporal Service 44 Ed. 3. f. 45. The King gives the Fee-farm of a Town that is such a Rent to be held for term of life and after confirmes to him and to his Heirs to be held by the Services due and this is held Knights Service of the King for the most high and better shall be taken for the King and by Fitzh 263. B. it appears that Rent may be held of the King by Knights Service in cheif as well as Land c. 10 H. 6. f. 12. Rent lies in Tenure of the King 14 H. 6. f. 12. If the King grant Land to me in Fee to be held as freely as the King is in his Crown yet I shall hold of the King and if I alien without licence I shall make Fine for this is vested in the King by his Prerogative and shall not pass out of his Person by general words by Paston in the end of the Case 45 Ed. 3. fol. 6. By Finchden if my Tenant infeoff the King and takes back of the King to hold of the King yet he is my Tenant in right and shall hold of the King also But inquire of the Tenure of me for the Tenure was once extinct by the Kings Possession 29 H. 8. Tit. 61. B. If the King purchase a Mannour which J. S. holds the Tenant shall hold as he held before and he shall not render Livery nor first Seisin and he shall not hold in cheif and it is said if the King grant the Mannour to W. N. in Fee except the Services of J.S. Now J.S. holds of the King as of the Person of the King and yet he doth not hold in cheif but as he held before for the act of the King shall not prejudice the Tenant 31 H. 8. Tit. 70. B. Lord and Tenant the Tenant is attaint of Treason by Act of Parliament and so forfeits all his Lands and after is pardoned and restored by another Act of Parliament to have to him and his Heirs as if no such Attainder or former Act had been now he shall hold of a common person as before and yet once the Tenure was extinct 3 H. 3. Tit. 94. B. Where the King gives Lands to be held of him by Fealty and twelve pence for all Services this is Socage in cheif for it is of the Kings person 23 H. 3. Tit. 148. Guard F. If a man holds of the King to go with him in the Army against Scotland in the Vanguard and in his Return in the Rereward and so if he hold to give to the King Hornegild which is said Cornage it is great Serjeanty 38 H. 8. Tit. Livery 60. The Heir of him which holds of the King in cheif in Socage shall not pay first Seisin to the King for all his Lands but onely for those Lands held in Socage in cheif contrary of him which holds in Knights Service in cheif and where he holds in Socage in cheif the other Lord shall have Ouster le main with Issues 2 Ed. 4. fol. 6. Land is given in Tail to be held of the cheif Lords these words to be held c. are void and he shall hold of the Giver Where there is Lord and Tenant if the Tenant be disseised and the Disseisor dieth seised and his Heir is in by Discent the Lord ought to advow upon him but if there be Lord and Tenant and the Tenant infcoffs another which doth not give notice to the Lord now the Lord during the life of the Feoffor may take him for his Tenant or the Feoffee at his pleasure 4 H. 6. f. 19. 3. Book of Assise 8. Lands is given in Tail without saying of whom to hold the Donee shall hold of the Giver and if a man before the Statute of Quia Emptores give in Fee without saying of whom to hold the Feoffee shall hold of the Feoffor Littleton f. 5. 16 Ed. 3. Statham fol. 23. If Lands be given in Tail to be held of the Lord this to be held is void and the Lord ought to avow upon the Feoffor 5 H. 7. fol. 35. Mesnalty lies in Tenure by a Mesne contrary of an Advowson appendant 1 H. 4. f. 1. the same 33 H. 6. f. 34.
and this was the Counterplea to out him of the View 5 H. 5. fol. 4.9 H. 4. f. 9. 44 Ed. 3. fol. 31. Dower of Rent for that that the Husband was seised of Land he was outed of the View by statute 21 Ed. 4. fol. 26. Dower where the Husband dies seised and in Assise where Jurors have the View and where the Tenant takes knowledge of the Land in Demand as in action against two One saith that he is Tenant of all in these Cases he shall have no View 33 H. 6. f. 57. Dower of Lands in diverse Townes and to parcell the Tenant pleads Barre and demands the View in one Town and shall not have it for that that he hath notice of parcell 9 H. 6. f. 65. Wast if six of the Jurors have not the View the Inquest shall not be taken 9 Ed. 4. fol. 1. In Waste and Assise the Jury shall have the View 21 Ed. 4. f. 26. 3 H. 4. f. 16. In Attaint upon verdict of Assise the Jurors shall not have View for in this Writ it is not let them see the Land and yet in Assise and Certificate in Assise the Jurors shall have the View 7 Ed. 4 f. 1. 22 H. 6. fol. 27. Entrie in two Acres and the Tenant pleads in Barr to one and demands the View of the other and shall not have it for he hath taken notice of parcell and intended of all 2 H. 4. f. 26. 7 H. 4. f. 9. Defendant shall not have View in an Action upon the Case for that that it is personall 7 H. 4. f. 32. the same 46 Ed. 3. fol. 27.29 Ed. 3. fol. 43. the same 3 H. 6. fol. 34. The statute is for ill naming the Town by non-tenure and such like if the Writ abate after the View he shall not have the View in the second Writ and yet said that if the first Writ abate for false Latine that he shall not have View in the second Writ but where the first Writ abates for form as where the name of the Wife was put in the Writ before the name of the Husband he shall have View in the second Writ for that vests the fault in the Partie 10 H. 4. fol. 6. Precipe The Tenant hath View in the second Writ where the first was discontinued after the View 12 H. 4. fol. 4. Precepe against two where one dies after the View and the Writ abates yet in the second Writ against him which is alive he shall have View 12 H. 4. fol. 11. Where the first Writ abates for false Latine and by Thirne hath the View in the second Writ Seek 13 H. 4. fol. 8. He hath the View in the second Writ where the first was abated by excepion of the Tenant 13 H. 4. f. 14 The Tenant hath the View in the second of VVrit of 6 Acres where he had the View in the first Writ of 6 Acres abate 42 Ed. 3. fol. 23. Precipe where after the View the first VVrit abates by death and in the new by miscounts he shall not have View 43 Ed. 3. fol. 35. 42 Ed. 3. f. 33. Precipe abates by false Latine and in a new by miscounts he shall not have the View 7 H. 6. f. 36. the same 46 Ed. 3. fol. 16. In a VVrit of Besayle he shall not have the View where he had View before in a VVrit of Cozenage which was misconceived before of the same Land and for that abates 46 Ed. 3. fol. 34. In a dum fuit infra Aetatem the Tenant shall not have the View where a dismission was made to the Tenant by his Ancestor 48 Ed. 3. fol. 31. In a dum fuit infra Aetatem the Tenant shall not have the View for he is out by the statute 29 Ed. 3. fol. 39. In dum fuit infra Aetatem in the per and cui the Tenant shall have the View otherwise where it is in the per onely for he is there outed by the statute 22. Ed. 3. fol. 9. Precipe The tenant hath the View and after the Demandant was non-suited and after brought another VVrit and the tenant demands another time the View and had it 24 Ed. 3. fol. 48 Precipe the tenant abated that by waging of Law of not summoned and yet in another brought freshly he shall have the View but he had not that in the first 38 Ed. 3. fol. 1. Precipe Against Husband and Wife they have the View and the Husband dies and in a new Writ freshly brought the Wife demanded the View and was outed for it is not necessary 29 Ed. 3. fol. 22. 38 Ed. 3. fol. 41. VVhere the first VVrit abates by no such Town where he had the View and yet in the second VVrit he shall have the View 30 H. 7. f. 8. Cui in vita the first VVrit abates after the View for that he did not shew of whose Demise he claimed in the second VVrit he was outed by Fineux and Davers and by Vavisor said he shall have the View in the second if the first were not abated for any cause which comes upon the View unlesse it were by death abated 41 Ed. 3. fol. 8. Quod ei deforceat The Defendant shall not have View for he is outed by the statute 41 Ed. 3. fol. 30. the same 44 Ed. 3. fol. 42. the same 41 Ed. 3. fol. 8. Quod ei deforceat The Defendant shall not have the View for he is outed by the statute 41 Ed. 3. fol. 30. the same 44 Ed. 3. fol. 42. the same 41 Ed. 3. f. 22. Assise of Nusance the Defendant shall have the View 46 Ed. 3. f. 27. Curia claudenda the Tenant shall have the View 48 Ed. 3. f. 4. Gessavit the Tenant shall have the View where it is of his own ceasing where he is Tenant of the Land and not Tenant to the Lord for he is as a stranger 2 H. 4. fol. 6. Cessavit of the Seisin of his Father and of his own ceasing he shall not have View for that it is of his own wrong 7 H. 4. f. 16. the same 2 H. 4. f. 14. 37 H. 6. fol. 28. Cessavit where it is of his own ceasing he shall not have the View 4 H. 6. fol. 29. the same 7 H. 6. fol. 47. Entry upon disseisin of Rent the Tenant hath View of the Land out of which the Rent is issuing 8 H. 6. fol. 66. the same 35 H. 6. fol. 70. Entry in the quibus of a Mannour said that the Tenant shall not have the View for he is in by wrong 28 H. 6. fol 1. the same 3 H. 4. fol. 16. Assise Jurors have the View but the Tenant shall not have the View 6 Ed. 4. fol. 1. Quod permittat the Tenant shall have the View though it be in Debet solet which is of possession and not of Right 30 Ed. 3. fol. 4. 2 H. 4. fol. 14. Quod permittat of turning water View was demanded in this VVrit and he had it 8 H. 6. f.
75 Admeasurement of Pasture he shall have the View of the Land out of which c. but not in personal Action not in Waste where Jurors have the View 9 H. 6. f. 41 the same 3 H. 4. f. 10 Dower of Rent the Tenant hath the View of the Land out of which it is issuing and said that he shall have it though the Husband died seised of the Rent but see 44 E. 3. f. 31 if the Husband die seised of the Land she shall not have the View 22 H. 6. fol. 12 Assise of Profits of an Office the place where he holds his Office shall be put in View 13 H. 7. f. 10 Cui in vita the Tenant shall have View and yet the Statute is if a Dismission be made to the Tenant and not to his Ancestor the View is not to be granted but she claimes from her Husband and not by the Demandant or his Ancestor Pleas after the View in Abatement FOrmedon one cannot plead in Abatement after the View unlesse it be a thing which cometh upon the View but where it appears to the Court that it wants form or is false Latine the Court Ex officio will abate it 41 Ed. 3. f. 29.40 Ed. 3. f. 35. 44 Ed. 3. f. 14. Formedon of a House and in the perclose of the Writ there is a House and Meadow and after View the Tenant cannot shew that in Abatement for that it is but a Surplusage 49 Ed. 3. f. 20. Formedon after View the Tenant cannot plead in Abatement that any of the Degrees were omitted for it is not apparant to the Court. 50 Ed. 3. f. 9. Formedon the Tenant may plead ancient Demesne after the View for it may be that parcell in the Town is ancient Demesne and parcell frank fee and that cometh upon the View to know that 11 H. 4. fol. 70. Formedon where is matter apparant in a Writ to abate that he may plead that after the View 7 H. 6. fol. 39. After the View one cannot plead no such Town but he may say that the Tenements are in another County for that cometh upon the View but after the View he cannot plead to the Jurisdiction yet he may plead that they are in C. and that they are impleadable there and demand Judgement of the Writ and not Judgement if the Court will acknowledge 19 H. 6. fol. 10. Dower of a Free-hold in D. S. after View one cannot plead no such Town of D. for he is estopped of that for that he hath knowledge of the Town before the View but he may plead Joint-tenancy and non-tenure which comes upon the View 5 H. 7. f. 8. If the View be denied where it is grantable it is Error otherwise it is if it be granted where it is not grantable 8 H. 7. f. 11. the same 36 H. 6. fol. 17. Right of Advowson the Defendant demands the View for that there are two Churches in the same Town and to out him of the View Plaintiff saith that there is but one Church there Ready c. 3 H. 6. fol. 57. Dower by Husband and Wife the Tenant pleads that the Wife is an Alien born in Portugal out of the Allegiance of the king Judgement if he shall be answered the Plaintiff saith that by Parliament she was made personable and now the Tenant demands the View and had it for though his Plea before was as a Barr he pleaded that as to the Person and not to the Action and for that shall have the View otherwise it is if he had pleaded a Barr. 14 H. 6. fol. 8. Precipe against two where one acknowledgeth the Action the other shall not have view 26 H. 8. f. 2. Precipe against two one imparles and the other hath the View by Fitzh The third Part of this Book cheifly for Pleading Abatement Something of Pleadings for the Instruction of the Steward shall be said here following TRespasse upon the Statute of Richard the Defendant saith that J. F. let to him and the Plaintiff made Title and that J. F. abated and let to the Defendant the Defendant maintains his Barr and traverses the Abatement and that is not good for Issue shall not be upon the Abatement 3 H. 7. f. 7. 18 Ed. 4. f. 1. Entry upon Disseisin Issue cannot be taken upon Abatement the same Law is of Intrusion 14 H. 6. f. 6. Issue shall be upon the Affirmative and Negative and not upon Plea by Argument but upon traverse the Affirmative COnspiracy he is alive without that that he is dead 7 H. 7. f. 6.14 H. 6. f. 9.19 H. 6. f. 4. 35 H. 6. f. 60. Trespasse the Defendant iustifies for Fealty not made the Plaintiff saith it was not unmade and good 9 H. 7. fol. 12. Debt against J. S. of D. the Defendant saith that he is dwelling at S. and shall say and not at D. in the Negative 4 H. 6. fol. 4. 2 Ed. 4. fol. 1.4 Ed. 4. fol. 44. 10 Ed. 4. fol. 12. Trespasse the Defendant saith that the Free-hold was to J.S. which let to him at will the Plaintiff saith that the Free-hold was to him and not to J. S. in the Negative 11 H. 4. f. 90. Where the Defendant saith that the Plaintiff is a Bastard and the Plaintiff saith he is Legitimate he shall say and not a Bastard 19 H. 6. f. 17 11 H. 6. f. 53 Trespasse against J. S. of Fenton the Defendant saith that he was dwelling at E. and shall say negatively and not at Fenton 19 H. 6. f. 1. Action upon the Statute of Laborers the Defendant saith that he was in the Service of J. S. and shall say and not Vagrant in the Negative 11 H. 6. f. 1. 52. Action upon the Case for that he hath a Leet and Fines and Amerciaments of the same the Defendant saith that well and true it is that the Plaintiff hath a Leet but he saith that he hath not the Fines and Amerciaments and ought to say without that that the Plaintiff hath the Fines and Amerci aments 38 H. 6. f. 16 False Judgement Issue was that one saith that he was dead and the other saith that he is alive 14 H. 6. fol. 9.19 H. 6. f. 4. the same Where one pleads out of his Fee the other saith within without that that it was out in manner and forme 11 H. 4. fol. 10 Formedon in reverter and counts of a Gift in Tail c. the Defendant saith that the Donor gave in Fee and it is not good for it is but an Answer by Argument and for that he ought to traverse the Gift in Tail which is supposed by the Plaintiff 2 H. 6. f. 15. Scire facias against the Parson of D. of Arrerages of Annuity the Defendant saith that before the Writ he resigned to the Bishop of L. and so that remained in his hands Judgement of the Writ and it is but a Plea by Argument that is that he is not Parson and for that it is
but he ought to shew certainly who was of his Councell and say certainly what advise was given 6 H. 7.3 11 H. 7.23 accordingly Condition to pay all the arâ—erages of all the Lands which he holds of the Plaintiff in D. it is no Plea that he hath payd all generally but he ought to shew specially to what sum for that that it is in the affirmative 20 H. 6. fol. 33. Condition to pay a Lesser sum at the Feast of P. If the Defendant plead that he hath paid it he ought to plead what day he paid it 46 Ed. 3.29 47 Ed. f. 13. Condition that if the Defendant carry all the Thorns out of the Land let to him by the Plaintif the Defendant may plead generally that he hath carryed all for that that it lies in notice of the Plaintif and the Plaintif saith that so many were which were not carried But if the condition were to infeoff the Plaintif of all the Land of which the Father of the Defendant died seised or to give to him all the Money in his purse there he ought to plead how much that was for that that it is in the affirmative and it lieth more in the knowledge of the Defendant then in the Plaintif 12 H. 8. fol. 7. Debt by the Sherif upon an obligation the Defendant saith it was indorced upon condition and saith he hath performed all the condition and it is a good Plea And the Plaintiff that he hath not accounted and that is no Plea but that such a thing came to his hands for which he hath not accounted that the Issue may be upon certainty 2 R. 3. f. 17. If the condition be to perform all the Covenants in an Indenture the Defendant cannot plead that he hath performed all generally but he ought to plead how specially he hath performed every Covenant 26 H. 8.6.11 Ed. 4.12 13. H. 7.18 and 6 Ed. 4. fol. 1. But at this day it is used in the same case in debt upon an Obligation endorced to perform the Covenants in Indentures that the Defendant recits the Indenture and in the end he pleads that he hath generally performed all the Covenants And then the Plaintiff ought to shew breach in one and upon that Issue is taken If condition be to stand to the award and abitrement of certain Persons it is no Plea for the Defendant to say that he had no notice of any Award but if it were so that it be delivered to the parties in writing the Defendant may plead that no Award was delivered to him in writing 1. H. 7. f. 5. If condition be that if the Defendant shall stand to the Arbitrement of J.S. the Defendant may plead that he hath not made any Award and the Plaintiff shall say that he hath made one and shew what it is 2 R. 3. f. 13. Pleading by Name REversion is devised by the name of all Lands and Tenements in D. and good 34 H. 6. f. 6. Lease is made of his Lands in Bodehill and by ancient evidences parcel of that is in D. he may plead his lease and give in evidence that all was let by the name of Bodehill 20 Ed. 4. f. 9. Where Margery and her Husband levied a Fine by the name of Margaret and the Tenant may plead that Margaret by the name of Margery acknowledged the Land by Fine And also it is that Agnes by the name of Ann levied a fine Fitzh f. 97. A One cannot give Land by the name of the Oshee of the Forrest 10 H. 7. f. 17. That J.S. by the name of J.D. in grant is good and by the name Hastings Hasting 9 Ed. 4. fol. 43. Obligation was J. Boson and an Acquirtance J. of Bozon with a z and this was pleaded to be made by name 14 H. 4. fol. 30. Presidents For that that Presidents are to be followed something shall be said touching them SAunders cheife Baron saith the best Interpreter of the Law is Custome and for that that the Presidents and the Accounts of the Exchequer prove that from time to time custome and usage hath been that the Kings of this Realme have had the profits of such Mines of base mettal containing Gold and Silver without disjunction that the value of the Gold and Silver shall be greater or less and upon the Presidents it was adjudged for the King against the Earle of Northumberland in the information of Mines of Copper mixt with Gold or Silver Plowden fol. 336. It is said in Assise for that that it is hath shewed to us where it should be hath complained to us because of the forme and president it shall abate and so it is where it is he hath disseised him of foure Acres where it should be by the Presidents of his Free-hold it shall abate 11 H. 6. f. 25. Venire sacias The Sheriff returns that he hath made to come 12. and yet to return 12. is not good for the Presidents are twenty foure and so ought he to return twenty foure 2 H. 7. f. 8. 27 H. 8. fol. 16. One challenged the Array and doth not verefie his challenge and he need not for Presidents are so and the Justices would not change the Presidents 7 H. 6. fol. 30. In the Kings Bench you shall not have a Habeas Corpora juratorum but a Venâ—re facis and distringas 39 H. 6. fol. 32. Mâ—sne and counts that he held of the Mesne and that he ought to acquit him and doth not count that the Defendant held over yet for that that there were Presidents of that shewed It was held good 6 H. 7. fol. 15. Assise 1. The Tenant pleaâ—s no wrong by Bailiff and yet continuance was not between Plaintiff and Bailiff but between Plaintif and Tenant and so were presidents and for that said to be good 11 H. 7. f. 11. Where the Tenant pleads by Bailiff in Ass he may after plead in proper person matters in writing or of Certificate for Presidents are so 16 H. 7. f. 8. Cui in vita The VVrit was which he claimes to hold to him and the Heires of his Body without shewing of whose gift And the opinion of the Court that it is good but when the Register was shewed to be contrary the Court changed their opinion 33 H. 6. fol. 22. Precipe at the great Cape returned the Tenant saith that he was not summoned ready by the Country but say that he shall be tried by wager of Law for so are ancient Presidents which shall not be changed without speciall matter as against Maior and Commonalty which cannot wage their Law Forcible Entry of 8 H. 6. and counts of Entry with force and keeping with force where the Statute is in the disjunctive but for that that there are Presidents in this Manner it was allowed 3 Ed. 4. f. 21. Debt against Executor for that that the Writ was Debet detinet where the President is Detinet only it shall abate the same Law where it is Precipe quod
pleads Release Anno 6. without that he was guilty after the Release the Plaintiffe may say it is not his Deed without maintaining the day 10 Ed 4. fol. 2. and 21 Ed 4. fol 79. the same of Release pleaded without that he was guilty afterwards Trespas where one pleads a Release or Arbitrement atano ther day he ought to traverse all the time after the Release or after the Arbitrement for all time before is extinct But if he plead such a day it is Free-hold there he ought to traverse all time before And in Trespas of Corn taken the 6th day of July the Defendant justifies as Parson the 10th of August for that they were severed from the 9th without that that he is guilty at another time but after the Tythes severed and till they were dry and it is good without traversing before and after for it is yeerly and not certain what day of the yeer The same Law where one justifies for Common after corne sowed till cut But otherwise it is for having Common from Lammas till Candlemas there he ought to traverse all the time before Lammas and after Candlemas 12 Ed 4. fol 6. Trespas of a Close broken first day of May Anno 8. the Defendant pleads that the Plaintiffe enfeoffed him the 4th of May the yeer aforesaid without that that he was guilty before the said 4th day And the Plaintiffe saith that he did not enfeoffe him and it is good without maintaining the day which was traversed before 15 Ed 4. f 23. If the Defendant justifie by Licence at another day he ought to say without that that he is guilty before or after 31 E 4. fol 9. Trespas of Batterie the Defendant justifies at another day before yet he ought to traverse without that that he is guilty before or after 30 H 6. fol 4. Trespas of beating 1. day of July the Defendant justifies in defending himself the 2. day of July he ought to say without that that he is guilty before or after 2 R 3. fol 16.34 H 6. fol 14. the same and 19 H 6. fol 47. Where one shall traverse the Town and where the County and where not TRespas why he broke his Close and took his Reeds in B. it is no plea that the place is in D. in the same County and not in B. but he ought to justifie in D. the taking as by prescription for repairing his house or any matter of justification without that that he took in B. 9 H 5. fol 9. and 4 H 7. fol 5 by Hussey Trespas of goods in D. in the County of Middlesex Defendant justifies at S. in the County of D. by commandment of J. S. in whom the property is without that that he is guilty in the County of Middlesex 22 Ed 4.38 Trespas of goods in one County the Defendant may justifie in another and traverse the County 7 H. 6. f 37. Trespas of a Close broken in D. the Defendant justifies for common appendant in S. in the same County he ought to traverse without that that he is guilty in D. 4 H 6. fol 13. Trespas why he broke his Close in D. in the County of Darby the Defendant cannot justifie in S. in the County of N. in manner and form and traverse the County but plead not guilty for upon not guilty the Jury cannot finde him guilty in another Town in another County but in another Town in the same County they may and for that he ought to traverse But in trespas of goods taken or of Battery in D. the Defendant may justifie in S. in the same County without travers 9 H 6. fol 62. Trespas of Fish taken in a Close in little Henberry the Defendant justifies in great Henberry in the same County without that that he was guilty in little Henberry and it is good 19 H 6.8 and 20 H 6.29 Trespas of Assault Batterie and Imprisonment in D. the defendant â—ustifies in S. in the same County for helping a woman which the Plaintiffe would have robb'd at S. and it is good without traverse that is without saying without that that he is guilty in D. for it is a justification in every place of the said County 9 Ed 4 fol 26. Trespas upon the Statute of Rich the fifth yeer for entring in 20. Acres of land in D. the defendant saith that J. S. was seised of 20 Acres in S. in the same County and of them enfeoffed him and justifies without that that he entred into the Lands in D. and it is good If he give colour in S. to have the Town parâ—ell of the Issue for inveigling the Jury 11 Ed 4.9 Trespas in D. of Beasts taken the Defendant justifies in S. in the same County doing dammage without traverse The same Law of Battery Yet see the Book 18 Ed 4.11 Detinue of a delivery to the Defendant in D. in the County of D. to re-deliver to the Plaintiffe the Defendant saith that the same day and yeer at S. in the County of N. the Plaintiffe bought the goods of the Defendant for 10 li. upon condition that if he payed the 10 li. such a day that the Sale should be void and that he did not pay at the day without that that the Plaintiffe delivered them in the County of D. for to re-deliver and admitted a good Plea 8 H. 6. fol 10. Detinue of a delivery in one County where it was delivered in another the Defendant may say that the delivery was in another County without that it was delivered where the Plaintiffe counts otherwise he shall be twice charged 33 H. 6. fol 28. By Nedham in Debt upon a bargain the Defendant saith it was made upon condition at another place in the same County The Plaintiffe may say that it was made simply without any condition ready without traversing of the place for that that it is in the same County But if the Condition were made in another County there he ought to traverse that it was made simply where the Plaintiffe counted 34 H 6. fol 32. And the same Law in detinue of chattels and see a bargain traversable which is in effect the same conveyance where he might have waged his Law 33 H. 6. fol 25. Account of Receit in London by the hands of R. the Defendant saith that he received them by the hands of R. in C. to deliver to the Plaintiffe himself which he hath done without that that he ever received them in London and good 9 Ed 4.48 and 22 H. 6.55 Account of Recest of 10 Marks in London the Defendant saith he received them in Cornwall to deliver them to J.S. which he hath done without that that he was his Receiver in London and it seems a good plea. 9 Ed. 4. f. 48. Trespas in the Parish of W. in D. in the County of E. the Defendant saith that the place is called W. in D. in the County of K. and justifies without that that W. is in the County of E. and not guilty
the said C Count. and A the tenements aforesaid with the appurtenances as his right and Inheritance saying that one W H was seised of the tenements aforesaid with the appurtenances in his demesne as of Fee at the will of the Lord according to the custome of the manner aforesaid And so being seised according to the custome of this Mannor time out of mind used and allowed at the Court of the Mannor held at J within the precinct of the Mannor the aforesaid Tuesday next after the feast of P the year of the Reign of our Soveraign Lady Queen Eliz 22. by J.A. and T P deputy Bayliffes of the Mannor aforesaid in the presence of T C T S R L J M Y R. and J B are tenants of the Lord of the Mannor aforesaid surrendred into the hands of the Lord the tenements aforesaid with the appurtenances to the use and behoof of one M then the wife of the aforesaid W H to be held for tearm of her life and after the decease of the said M the aforesaid Tenements with their appurtenances should wholly remain to one J H. son of N H brother of the aforesaid W H and to the heirs of his body lawfully begotten and for defect of such Issue of the said J the aforesaid tenements with the appurtenances should wholly remain to one E H daughter of the aforesaid W to be held to her and her heirs of her Body lawfully begotten and for defect of such Issue of the said E. the aforesaid tenements with the appurtenances should wholly remain to the right heirs of the aforesaid W H and his heirs for ever By vertue of which surrender the aforesaid M was seised of the tenements with the appurtenances in his deinesne as of freehold at the will of the Lord according to the custome of the Mannor aforesaid in the time of peace time of the aforesaid Queen Elisabeth taken then the profits to the value c. And from the said M. remained right by the form of the surrender aforesaid according to the custome of the Mannor aforesaid J H by which the said J was seised of the tenements aforesaid with the appurtenances in his demesne as of fee tayl at the will of the Lord according to the custome of the Mannor aforesaid by forme of the surrender aforesaid in the time of peace in time of our Lord Edward late King of England the second taking then the profits to the value c. and from the said J after the death of the aforesaid Elizab for that both of them the aforesaid J. and E dyed without heirs of their body lawfully begotten the right remainder by the forme of the surrender aforesaid according to the custome of the Mannor aforesaid to the said R H which now demands that is to say as the son and heir of W F brother and heir of the aforesaid W H and therefore produceth this Suite Plaints of Mortdancester R. C Complains against W L and E his Wife of a Plea of Land that is to say of one house 30 Acres of Meddow and a 100 Acres of Pasture with the appurtenances in J within the Jurisdiction of this Court and made protestation to prosecute his complaint in forme and nature of a Writ of the Queens Assise of the death of his Ancestor at the Common-law c. And desired processe for that to be made according to the custome of this Mannor in form and nature of this Writ aforesaid to be directed to the Bayliffes and Officers of this Court. And that the said Bayliffe and Officers by the command and precept of the Lord of this Mannor Where all are Copiholders and according to the custome of the said Mannor should summon by good summons twelve honest and lawfull men of the homage of this Mannor at the next Court to be kept within the Mannor ready to know by their Oath if R C Father of the aforesaid R was seised in his demesne as of fee at the will of the Lord according to the custome of the Mannor the day that he dyed of and in one house 30 Acres of Medow and a 100 Acres of Pasture of customary Lands of this Mannor with the appurtenances called C. within the jurisdiction of this Court the day that he dyed And if the said R. the father dyed within 50 years now last past and if the aforesaid R the son be the next heir of the aforesaid R the father and in the mean time they should view the Lands and Tenements aforesaid And that they should summon by good summoners the aforesaid W and E which hold the said lands and tenements that they should be here to hear the Recognitors and should find sureties to prosecute their Suite aforesaid J. D R R. And late here at this Court came the aforesaid W J in his own person Bar. and saith that the aforesaid R father of the said complainant was not seised in his demesn as of fee at the will of the Lord according to the custome of this Mannor day that he dyed of the aforesaid house and 30 Acres of Meddow and a 100 Acres of Pasture with the appurtenances in manner and forme as by the aforesaid complainant is first supposed and this he desires might be inquired by the Assise and the said Complainant likewise Entry in the by and to whom TO this Court came J N in his proper person complaineth against T M of a Plea of Land that is to say of one house one garden and one Orchard with the appurtenances and found sureties to prosecute his suit aforesaid that is J D. and R R. and doth protest to prosecute his suite aforesaid of the aforesaid house garden and orchard with the appurtenances in J in nature and forme of a writ of entrance of our Lady the Queen in the by and to which Saying that the said house and garden with the appurtenances are his right and Inheritance according to the custome of the Mannor aforesaid and into which the aforesaid T M hath no entry but by El late the wife of W M and the daughter of R P to which aforesaid R P. and M his wife they demised which since unjustly and without judgement disseised R N by rem of the said J N within 50 years last expired c. And desires processe thereof to be made to him against the aforesaid T M according to the custome of the Mannor therefore according to the custome of the Mannor it was commanded J B under Bayliffe of the said Mannor and Officer of the Court aforesaid that according to the custome of the Mannor aforesaid he should summon by good summoners the aforesaid T M that he should be here at the next Court that is the fourth day of M. next comming here to be held to answer to the aforesaid J N of the Plea aforesaid c. The same day is given to J. N here c. To this Court came A B Citizen and Mercer of L.
his Steward granted seisin thereof by the Rod at the will of the Lord according to the custome of the Mannor aforesaid and payd to the Lord for a fine for such an entrance for him to have 53s 4d and made to the Lord fealty and then was admitted tenant And after that is to say to the same Court came R. M. and W. M. and complained against the aforesaid M. M. of a plea of land that is of the aforesaid 8 acres of meddow and made protestatiou to follow the complaint in forme and nature of a Writ of the Queens of entring upon disseisin in the post and upon this the aforesaid R. and W.M. in their proper persons demand against the aforesaid Michall M. the aforesaid 8 acres of meddow with the appurtenances in J. within the jurisdiction of this Court as their right and inheritance and into which the said M. M. had no entrance but after disseisin which H. H. thereof and without judgment made to the aforesaid R. and W. within 30 years last past c. And whereof they say that they were seised of the aforesaid 8 acres of meddow with the appurtenances in their demesne as of fee and right at the will of the Lord according to the custome of the Mannor aforesaid taking the profits thereof to the value c. and in which c. and so bring their suit c. And the aforesaid M.M. in his proper person comes and defends his right when c. and called into warranty the aforesaid W.T. which is present here in Court in his proper person and willingly the aforesaid eight Acres of Meadow with the appurrenances did warrant unto him c. and upon this the aforesaid R. and W.M. do desire against the said W.T. Tenant by his warranty the aforesaid eight Acres of Meadow with the appurtenances in his Demesne as of Fee and Right at the Will of the Lord according to the custome of the Mannor aforesaid in the time of Peace in the time of the Queen that now is taking the profits thereof to the value c. and in which and c. and thereof bring their Suit c. And the aforesaid W.T. Tenant by the warranty defendeth his Right when c. and further then calls to warranty C.D. which likewise is present in Court in proper person and gratis the aforesaid eight Acres of Meadow with the appurtenances to him doth warrant c. and upon this the said R. and W.M. do desire against the said Christopher Tenant to the warranty the aforesaid eight Acres with the appurtenances whereof they say that he himself was seised of the said eight Acres of Meadow with the appurtenances in his Demesne as of Fee and Right at the will of the Lord according to the custome of the said Mannour at the said time in the time of Peace in the time of our Lady the Queen now taking the profits thereof to the value c. and in which c. and therefore bring their Suit c And the said R. and W.M. desire Licence of talking tother and had it c. and after the said R. and W.M. returned here into the Court to the same Court in their proper persons and the aforesaid T. though he were solemnly summoned returned not but in contempt of the Court departed and made default therefore it is granted that the aforesaid R. and W.M. should recover their Seisin against the said M. M. of the aforesaid eight Acres of Meadow with the appurtenances c. and that the said M.M. should have of the Land of the aforesaid W.T. to the value c. and that the said W.T. further should have of the Land of the aforesaid C.D. to the value c. and the same C. in the mercy c. and upon this the aforesaid R. and W.M. do desire a Precept to give to them full Seisin of the aforesaid eight Acres of Meadow with the appurtenances to be directed to an Officer of the aforesaid Court and it was granted to them retrunable here immediately c. and afterwards tha is to say the first of Aprill came here into the Court the aforesaid R. and W. M. in their proper persons and the Office of the Court that is to say R.W. and certified the Court aforesaid that by vertue of the Precept aforesaid to him so directed the said first day of April he made to have to the aforesaid R. and W.M. full seisin of the aforesaid eight Acres of Meadow with the appurtenances as by the Precept aforesaid he was commanded c. And after that is to say at the very same Court the aforesaid R. and W. M. and the aforesaid W. T. then beeing present came and surrendred into the hands of the Lord in the same Court the aforesaid eight Acres of Meadow with the appurtenances to the use and behoof of the aforesaid M. M. his Heires and Assignes to whom the Lord by his Steward aforesaid granted then Seisin by the Rod to have and hold to him and his Heirs at the will of the Lord according to the custome of the Mannour aforesaid c. and further the aforesaid R. and W. M. and W.T. remiswed released and altogether for them and their Heirs for ever quite claimed to the aforesaid M M. his Heirs and Assigns in his full and peaceable possession and Seisin appearing in the full Court all the Right Title State Claim Interest or demands whatsoever which they ever had have or any way hereafter may have of or in the aforesaid eight Acres with the appurtenances or in any parcell thereof so that that neither the aforesaid R. and W.M. and W.T. nor their Heirs or any of them any Right Title State Claim Interest or demand of or in the aforesaid eight Acres of Meadow with the Appurtenances or in any parcell thereof c. nor ought hereafter but from all Action of the Law Title claims Uses Interest and demands from thence to be demandded are excluded and every of them is excluded for ever by these presents and further the aforesaid W.T. grants for him an his Heirs that they will warrant the aforesaid eight Acres of Meadow with the appurtenances to the aforesaid M.M. and his Heirs against all men for ever c. 4. H. 8. Tit. Recovery in value 27 in Fine and 23 H. 8. Tit. Recovery in value 27. Recovery against the Husband and wife where the wife is Tenant in Tail and they vouch over and the Demandant recovers against the Husband and wife and they over in value this seems shall bind the Tail and the Heire of the wife 23 H. 8. Title Tail 32. Double voucher in Entrie in the Post barrs the Tail because of the recompence but single voucher shall not barr but the Estate Tail which he had time of the Recovery in possession but if he were in of another Estate time of that Recovery it is no Barr. 23 H. 8. Tit. Recovery in value 27. Entrie in the Post against Tenant
the said Queen now the fourth by force and armes the Close of the said J. R. at D. broke and his Grasse to the value c. there late growing walking with his Feet there trod down and consumed and other Injuries c. to the great losse c. and against the Peace c. whereof he saith he is made worse and damnified to the value c. And the said T. in his proper person came and defended the force and Injury when c. and saith that he in nothing is guilty of the Trespasse aforesaid as the aforesaid J. above complaines against him and of this puts himself upon the Countrey the aforesaid Plaintiff likewise c. Entry of the great Cape A. VVhich was the VVise of C. J. by A B. her Attorney offered her self to this Court against T. J. of a Plea of the third part of a House and twenty Acres of Land with the Appurtenances in J. which the same A. in this Court claimes as her Dowry of the Gift of the aforesaid I. C. in times past her Husband for that the Tenements aforesaid are within this Lordship and the VVomen which after the Death of their Husbands of Tenements in J. aforesaid being dowable according to the Custome of the said Mannour time out of minde used of the third part thereof ought to be endowed c. and they came not and summoned c. therefore by the Judgement the third part of the aforesaid with the Appurtenances should be taken into the Lords hands c. and day c. they should be summoned that they be here at the next Court c. Precept of the great Cape J.K. Steward to the Bailiff thereof health take into the Lords hands by the view of good and lawfull men of this Mannour the third part of one House and twenty Acres of Land with the Appurtenances in I. which A. I. this Court c. doth claim against T. I. late of I. as the Dower of the said A. of the Gift of the aforesaid C. I. in time past her Husband by a VVrit of Dower whereof she hath nothing by the default of 〈◊〉 said T. and the same taking certifie me of and summon by good Summoners the aforesaid T. that he be here at the next Court there to answer and to shew why he was not here at the last Court as he was summoned and have here the names of those by whom c. you made the Summons witnesse c Entry of a small Cape T.Q. Esquire and I. his VVife by their Attorney offered themselves the fourth day against A. B. of I. and A. his VVife of a plea of the third part of eight Messuages and eighty Virges of Land with the Appurtenances in I. which the aforesaid T. and I. in this Court claim as the Dower of the said I. of the Gift of G. S. in time past her Husband against them and they did not come and had from thence day untill this day that is to say the tenth day c. after other they appeared here in Court therefore by the Judgement the third part with the Appurtenances should be taken into the hands of the Lord and they summoned c. that they be here in the day c. to hear their Judgement c. Precipe of Summons upon a right Patent c. J.K. Steward to the Bailiff of the Mannour aforesaid health c. I. S. complaines against I. D. in a plea of Land and makes Protestation to follow the Suit in the nature of a VVrit of our Lord the Kings of a right Patent and therefore I command you that according to the Custome of this Mannour you shall summon by good Summonitors the aforesaid I. D. to be here at the next Court here to be held such a day to answer in the Plea aforesaid and have there this Precept and how c. dated c. Precept upon Assise of Mortdancester J.K. Steward to the Bailiff of the Mannour aforesaid health because I. S. complaines as above therefore I command you that yâ—â— summon by good Summons 12. free and lawfull men Tenants of the foresaid Mannour that they before me the aforesaid Steward at the next Court there to be held that is to say the Tuesday 19. day of September next coming at the hour of eight before noon of the same day ready by their Oath to know if T. S. Father of the said J.S. was seised in his Demesne as of Fee of two Houses and with the Appurtenances in D. within the Jurisdiction of this Court the Day that he died and if he died within forty years now last past and if the said J.S. be his next Heir and in the mean time let them view the said two Houses and make their names to be entered and summon by good Summoners the aforesaid J. and D. which now hold the aforesaid Houses and Lands that then they be there to hear that Return and have here the Summons and this Precept Dated c. under my Seal c. To make to have Possession J.K. Steward to the Bailiff thereof health know that A. B. in the Court held such a Day by the consideration of the said Court recovered his Seisin against B. of eight Acres of Land with the Appurtenances in J. by Default of the aforesaid B. and therefore I command you that to the said A.B. you shall give a full Seisin of the Tenements aforesaid with the Appurtenances without delay and have there this Precept and how c. Dated c. the Day c. Small Cape J.K. Steward to the Bailiff thereof health we command you that you take into the hands of the Lord by the view of good and lawfull men of this Mannour one House with the Appurtenances which A.B. in this Court claimes as his right against B. R. by Complaint of a Formedon in Remainder for Default of the said B. and make known the Day of the taking to me at the next Court and summon the said B. R. that he be before c. such a Day there to answer and to shew why he was not in this Court before c. such a Day last past as he was summoned and have there this Precept and how c. Dated c. The Returne of Writs newly corrected With divers other good Returns and many Cases of the Common Law to that added very necessary and profitable as well to young Students of the Law as to Sheriffs Coroners and others which are to make Returns of Writs for the better understanding of the Law in the said Returns Proces in the Court Hundred Court Baron c. Pleg de prosequendo J.D.R.F. THe within named H. E. is attached by Sureties N. F. R. D. J.D. Knight Sheriff The within named J. H. hath nothing in my Bailiwick by which he may be attached Note that every Pone is but a Summons By vertue of this VVrit to me directed Pone upon a Repleg I have put before the Justices of the
named to the value of one house c. as in the VVrit is contained such a day and year according to the form of this writ or as it is within commandêd me or as the writ in that commands and requires or Otherwise The third part of the Houses Gardens and rest of the Premises as within I am commanded The execution of this writ doth appeare in a certain scedule to this writ annexed By vertue c. and to this scedule annexed Scedule such a day and year I have made E. B. widdow to have nominated in the said writ full seisin of the third part of the Mannor of B. with the appurtenances in the same writ specified that is to say c. and reherse the particulers as in the writ to hold to the said J. B. in severalty by Metes and Bounds in the name of the whole Dowry of the said J. to the said J. belonging of all the Mannor in the aforesaid writ specified as by the said writ I am commanded By vertue c Reseisin such a day and year I caused the Messuages or Tenements within written to be reseised and G.C. within nominated into full possession of the said houses or Tenements with the apurtenances I caused to be put according to the force form and effect of the Statute before specified as within I am commanded By vertue Summons of a Knight c. I have caused to be summoned A. B. Knight one of the Knights of my County girt with a Sword by B T. and C.B. that he should be before the Justices within named at the day and place within named as this Writ in that commandeth and requireth Manucaptors of the within named A.B. B.T. and C. B. J.D. R.R. Issues of every one of them twenty shillings By vertue c. Scire facias upon appearance Scire feci the within named A. B. and C. D. that they should be before the Justices of our Lady the Queen within written at the Day and place therein contained to answer R.H. within named by J.H. and R.S. good and lawfull men of my bailiwick By vertue To heare a Record c. Scire feci T.A. E. his wife within written by J.J. and R.T. that they be before our Lady the Queen at the day within written whersoever c. to hear the record and process whereof this writ maketh mention and further to do and receive all and singuler as this writ commands Nihil A.B. within named have no Lands or Tenements Goods or Chattells in my bailiwick that I can make him know as that writ c. Neither is he found in the same By vertue c. Scire feci W.B. Administrator of the Goods and Chattells which were T. P. within named by W. G. and G. K. good and lawfull men of my bailiwick Against Executor or Administrator to be before our Lady the Queen or the Justices at the day within named neither were there any more Administrators of Goods and Chattells which were of the said T.P. in my Bailiwick to whom or to which for present I could Scire facere By vertue c. Scire feci T.V. within named that he should be before the Justices within written at the day and place within contained Upon trespas utlagat the Chancery by J.S. and R.G. to do that which this writ in that commandeth and requireth By vertue c. Scire feci W.C. Knight within named that he be before our Lady the Queen in her Chancery at the day therein contained wheresoever he be in England to shew and propound as that writ in that requires by J. M. and W. D good and lawfull men of my bailiwick according to the form of this writ By vertue c. Scire feci J. C. within named Before the Queen that he should be before our Lady the Queen the 13. Day of N. to shew and further to do and receive and as that Writ in that commands and requires by A.B. and C.D. good and lawfull men of my Bailiwick according c. By vertue c. Scire feci J.C. within named Before the Justices of the Bench. that he should be before the Justices within written at the day and place within contained to shew if he have any thing for himself or knowes to speak why the within named W.H. and R.E. Execution for the Debt and Damage as within mention is made against the said J. C. should not have as this Writ in it commandeth and requireth by J.W. and R.C. good and lawfull men c. By vertue c. such a Day and year c. By what right I took into the hands of our Lady the Queen the Tenements within written with the Appurtenances and further the same Day and year Scire feci as well A.B. cheif Lord of the immediate Fee of the Tenement within written with the Appurtenances as the within written H.D. by good and law full men of my bailiwick that they should be before the Justices within written at the Day and place therein contained to hear the recognition within written as within it is commanded me and further I certifie the same Iustices that there is not any other cheif Lord of the Fee aforesaid mediately or immediately between the Queen and thewithin written A.B. to whom Scire facere potui By vertue of this Writ to me directed Fieri facias I have taken in Execution the within named ten pounds of the Land and Chattels of the aforesaid R.W. which truly ten pounds before the Justices within written at the Place and Day within contained I have ready as this Writ â—n that commands and requires c. Execut. upon Devastavit By vertue c. Fieri feci a hundred shillings of the Goods and Chattels of the within named W.H. which truly hundred shillings before the Justices within written at the Day and place there in contained I have ready as c. and further I certifie the same Justices that the Executors within written have utterly wasted the Goods and Chattels of the within named W. H. the Testator so that the said summ of ten Marks within written nor any parcell thereof for present can I levy by Fieri facias The within named R. B. hath no Goods Nothing or Chartels Lands or Tenements in my Bailiwick so that I can levy the Money within specified by Fieri facias as within I am commanded neither is the said R. to be found nor is there any such person in my Bailiwick A. M. within written Otherwise hath no Goods or Chattels within my Baliwick of which I can make Execution of that Writ as c. neither is he found in the same nor hath any Lands or Tenements at the fourth Day of January nor ever after as it appears in a certain Schedule annexed to this Writ By vertue Where Good remain unsold c. I have taken the Goods and Chattels of the within
Writ to me directed I have extended and apprized all the Lands and Tenements Goods and Chattels of the aforesaid A. in my said Bailiwick which truly Extent is to this Writ annexed and also all the Lands and Tenements aforesaid in the same Extent specified together with his reasonable Damages and Costs I have levied according to the form of the Statute thereof inacted and provided and according to the form of this Writ By vertue c. To give Seisin I have taken the Goods and Chattels of J. M. within mentioned to the value of all the Money within written and have set them to sale and because I have not yet found Buyers therefore the Money within c. I cannot have at the Day and Place within contained as c. By vertue c I certifie the Justices within written To deliver Seisin that such a Day and Year within written I have caused A. B. to have full Possession of one House with the Appurtenances in S. within written in all as this Writ c. By vertue c. such a Day and Year within specified Otherwise I caused the within named A. B. to have and to be assigned full Seisin of a Mannour and Tenement within specified in a convenient place that is to say of the Mannour of F. twenty Acres of Land a hundred Acres of Meadow c. with the Appurtenances in F. c. in the County within written according to the forme and effect c. By vertue View c. I have made R. G. to have the view of one House with the Appurtenances in C. and I have told R. S. and J. D. T. M. and H. R. four Knights of those which were present at the view that they should be before the Justices within written at the Day and Place therein contained to testifie that view as that Writ in it commandeth and requireth By vertue c. I certifie the Justices within written that none of the part of R. S. came to shew me the view of a House and Meadows with their Appurtenances within written therefore touching the Execution of that Writ nothing is done by me for this present By vertue To have the view c. I certifie the iustices within written at the Day and place within contained that such a Day and year I caused the within written J.F. and M. his VVife to have the view of the House c. within specified with the appurtenances and I told A.B.C.D.E.F.G.H. four Knights of my County which were present at the view that they should be before the Iustices aforesaid at the Day and Place therein contained to testifie that view as within I am commanded By vertue Otherwise c. of our Lady the Queens to this scedule annexed I have caused I.G. in the said VVrit nominated to have the view of sixty Acres of Pasture with the appurtenances in G. which H.F. in the Courrt of our Lady the Queen before her Iustices at Westminster claims as his Right and inheritance against the aforesaid I G. by a writ of the Queens in Form of Gift in Discender and I said to four Knights which were present at the view that they should be before the Iustices of oursaid Lady the Queen at Westminster at the Day in the said VVrit specified to testifie that view as in the said VVrit I am commanded None came to me of the part of the within named R. F. Otherwise to shew me the view of a Pasture within specified for which cause I could not make the view of that Pasture within written to R.F. to have The execution of this writ doth appear in a certain inquisition to this writ annexed Inquisition indented Inquisition taken at G. which is a place wasted in the County of D. such a day and year before W. L. the Sheriffe aforesaid by vertue of a Writ of our Lady the Queens to the same Sheriffe thence directed by the Oath of twelve men sworn which say upon their Oath that R.M. in the said Writ nominated made Wast and destruction in a Wood in which in the Writ aforesaid there is mention and in the Wood aforesaid cut twenty Oaks price every one twenty pence part whereof he sold and part carried away to the disinheriting of VV.F. within written and against the Form of provision in the said VVrit specified and say upon their Oath that the aforesaid R. hath made no more VVast in the VVood aforesaid as to them any way can appear in witnesse of which thing c. By vertue c. I came to a place wasted Otherwise in the VVrit contained as within I am commanded and the residue of the execution of this VVrit doth appear in a certain inquisition to this VVrit annexed An inquisition indented Inquisition taken at F. in the County of VV. such a day and year before VV. K. Esquire Sheriffe of the aforesaid by vertue of a certain VVrit of our Lady the Queens to him directed and to this inqusition annexed by the Oath of A. B c. to the number of twelve which say upon their Oath that I.B. in the aforesaid VVrit nominated made waste sale and destruction in Tenements Lands and woods in the aforesaid VVrit specified that is to say in suffering a Hall c. in the writ specified to be uncovered by which the great timber of the same House by tempests of Rain falling upon them became rotten c. By vertue of this writ to me directed I have made to come before the Justices within written at the day and place therein contained all writs Ass of Iurors and Certificates in the County of VV. within written together with the Pannells Attachments Re-attachments Re-summons and all other Adminicles Ass of Iurors and certifie those whom they concern I have made also made come before the said Iustices at the Goale Delivery of our Lady the Queen of F. of the Prisoners therein being to be delivered assigned at F. aforesaid at the aforesaid Day all the Prisoners in the Goale aforesaid being them any way concerned and to the view of every Town and place where the Felonies of which the said person indicted apppealed or arrested were were committed as well within the Liberties as without twenty four good and lawfull men to whom the truth of the thing may be best known and inquired and who are not any way of kindred to the said Prisoners together with four men and Governors of their Town or place to do that which then and there to them on the behalf of the said Lady our Queen they are now injoyned and also I have made it to be publickly proclaimed throughout my whole Bailiwick that all they which would follow against those Prisoners that then they should be there against them as it was iust to prosecute and I did give understanding also to all the Iustices of the Peace Coroners Stewards Bailiffes of Liberties and Hundreds of the County aforesaid that then hey
should be there with their Rolls Records indictments and other their remembrances to do that which to their Office belonged as within I am commanded The residue of the execution of this Precept doth appear in a certain scedule to this Precept annexed By vertue Session c I have made to come before the Iustices within written at M. within specified the day and year within contained all Constables and Bailiffes of Hundreds and Burgers within specified and also of all aforesaid Hundreds twenty four Iurors to do those things which to them on the behalf of our Lady the Queen then and there they are inioyned I have also given notice to all Constables and Bailiffes of Hundreds within written that they should be there having the names of all the Artificers Labourers and servants of Husbandry within the Hundred aforesaid against the form of the statute to that end enacted and provided And likewise I caused very sufficiently to be proclaimed within my Bailiwick that all they which as well for the said Lady the Queen as for themselves against any of the Artificers Labourers and servants any complaint according to the Form of the statute provided to complain off or would prosecute that then they should bring in their Bill before the Iustices if they thought fit as within I am commanded A Calender A Calender of the names of the Justices of peace Derby of our Lady the Queen Coroners Stewards Bailiffes of Liberties and Hundreds in the County aforesaid Summoniters at the Assises held at C. in the County aforesaid the Thursday in the fourth week of Lent the year of the Reigne of our Lady Elizabeth by the grace of God of England France and Ireland Queen Defender of the Faith c. twentieth of the names of the Prisoners in Goal of D. aforesaid being A.B.C.D. The names of the Justices of the Peace A. B.C.D. c The names of the Coroners A. B.C.D. c The names of the Steward and Bailiffes of the Liberty E.F.G.H. The names of the Bailiffes of the Hundred I. K.L.M. The names of the Prisoners in the Goal of D. being J.S. repreived J.N. taken at S. for suspition of Felony Processe in the Chancery I have made to be chosen two Knights For the Knights of the Parliament to be chosen girded with Swords the most fit and discreet of my County aforesaid that is to say VV.F. and J.S. which truly Knights have a full and sufficient power for the County aforesaid to do and consent to those which at the day and place within named of the Common Councell of the Realm of the Queen of England ordinarily are handled and the aforesaid W.F. and J.S. are Manucapted by J.P.W. B.J.D. and R.N. to be at the Parliament of the Lady the Queen at Westminster at the day within contained to do as that Writ in it commandeth and requireth I have also made a Precept tby vertue of this Writ to J.P. and W.S. Bailiffes of the Liberty of the Town of G that of the Town of G. they should cause to be chosen two Burgesses of the discreetest and most sufficient that they be at the Parliament of the said Lady the Queen at the day within contained to do and consent as aforesaid which truly Bailiffes so answer me that they have caused to be chosen of the aforesaid Burrough of G. two Burgesses discreet and most sufficient to be of the Parliament aforesaid that is to say S. W. and R.VV. By vertue c. at my next County Court For choosing Burgesses of the Parliament after the receit of the same held at W. such a day and year in my full Court I caused to be proclaimed all things in that writ contained acccording to the Form and effect of this VVrit as c. the residue truly of the execution of this VVrit doth appear in certain Indenture to this VVrit annexed This Indenture made such a day and year Indenture between M. P. Sheriffe of the County of C. of the one part and J.D. and A.B. c. of the other part witnesseth that according to the Form of the writ to this Indenture annexed Proclamation being made in the full County Court held at C. such a day and year the aforesaid J.D. and S.B. c. which were in the County Court aforesaid at the making the Proclamation according to the Form of the Statutes in the writ aforesaid specified and the command of the said writ chose A.D. and J. A. to be Burgesses of the City aforesaid at the Parliament in the said writ specified which have a full and sufficient power for them and the County of the City aforesaid to do and consent as the writ in it self commandeth and requireth in witnesse whereof the parties aforesaid to these Indentures have severally set their Seals c. By vertue of this writ as well within the Liberties as without Upon the Writ of receiving the order of Knighthood throughout my whole Bailiwick I have made to be proclaimed that all and singular persons that have Lands Tenements and Rents as is within written whose names in a certain scedule to this writ annexed are written at the presence of our Lady Queen about the Feast within written personally shall appear and come to take the aforesaid order as within I am commanded By vertue Adjournment c. all writs to me delivered or to be delivered before the Iustices within written at Westminster in Octabis of Saint Hillary returnable or returned I have before the Iustices within written at Westminster the day c. together with all executions of the same and further army County Court held at N. such a day and year publickly I made to be proclaimed that the parties in the same writs named should keep their dayes before the Iustices at Westminster the next Term as this writ c. By vertue of this writ Certior are upon protection of our Lady the Queens within written in her Chancery under my Seal distinctly and openly that I certifie VV.T. within named under the safe custody defence tuition of the Town Castle of the Marches of the Queen at Callice in obedience to the said Lady Queen in S. aforesaid the said kinsman of hers holding place as Generall of the Town Castle and Marches aforesaid according to the Form of the Queens Letters Patents by which the said Lady Queen took the foresaid W. T. into her protection and defence doth not stay but draweth his stay in the City of London intending his own proper businesse c. I J.D. Knight Sheriffe of the County within named Supplicaâ— vit do certifie our Soveraigne Lady the Queen in her Chancery that before the coming of this Writ A.B. the within named was taken in my Bailiwick and in the Queens Prison there under my custody detained by vertue of a certain other writ to this Writ annexed for which truly the aforesaid A.B. before the coming of this Writ was delivered
in the Bailiwick to A.B.C.D.E.F. and H.P. which undertook and each of them undertook by himself for the aforesaid A. B. upon the pain of ten pounds that he should do no dammage or ill to H. P. in the said Writ of Supplicavit specified within the space of such a day next coming nor by any Means should procure it which 10. l. the Manucaptors aforesaid granted and each of them for himself granted of their Lands and Tenements and of each of them to the use of our said Lady the Queen should be levyed if any dammage or ill came to the said A.B. or by his procurement in the mean time any should come by any means c. and this is the Surety of the Peace which the aforesaid A.B. before me hath found Under which truly Bail Or so the aforesaid C. was suffered to go at large out of the Prison aforesaid and afterwards returned not to my custody therefore the body of the said C. before our Lady the Queen at the day and place within contained I cannot have I. c. certifie our Lady the Queen in her Chancery Or so that R.P. within named hath found to me no security of the Peace of which within there is mention but remains in prison of our Lady the Queens under my custody at present For certain Or so truly complains of the threats the aforesaid J. B. before the coming of this Writ was delivered in Bail to A.B.C.D.E.F. and G.H. which undertook and each of them did undertake upon the pain of twenty pounds for the aforesaid J. B that he should do no dammage or any ill to the aforesaid H.P. and T. D. or either of them untill the Day after the Feast of Saints next coming nor should procure to be done which truly twenty pounds the aforesaid Manucaptors granted and each of them to be levied to the use of our Lady the Queen if any Dammage or ill to the said R. P. and T. D. or either of them by the aforesaid J.B. or by his procurement to any of them should come in the mean time under which baile truly c. at large c. Before the coming of this VVrit Ne exeat Regnum and before any execution thereof A.B. C. D.E.F. c Came before J.D. Sherif of W. and undertook before me the aforesaid Sheriff for L. M. that is to say Every one of the Manucaptors aforesaid under the pain of ten pounds that the said L. before the day after All Soules next coming should not convey himself to any parts beyond Seas to prosecute or attempt any thing there to the prejudice of the said Lady the Queen or any of the People of the said Queen or the losse of our State of England should prevaile nor from hence to send any body for that cause which truly summ of ten pounds the said Manucaptors granted and each of them for himself granted of their Lands and Chattells to the use of the said Lady Queen to be levied if the said L. any thing against the form of this Mauncaption aforesaid shall do or cause to be done or by any means attempt And here is the Tenor of the security whereof within there is mention made which to the said Lady Queen into her Chancery c. at the day and place c. I send By vertue of this VVrit to me directed Proclamation out of the Chancery I have made a publick Proclamation within my bailiwick that the within named H.B. upon the pain of his allegiance before our Lady the Queen in her Chancery aforesaid at the day within written shall appear as within I am commanded and likewise I certifie the said Lady Queen that the within named H.B. is not to be found in my Bailiwick By vertue of this VVrit Premunire such a day and year by J.S.T. W.R.T. and E.F. good and lawfull men of my bailiwick Premunire feci W.R. Clarke within nominated that he should be before our Lady the Queen at the day within contained whersoever c. to do and to receive as that Writ in it commandeth and requireth and J. B. and the rest of the Defendants within named have nothing within my bailiwick by which I can Premunire facere for present neither are they to be found in the same I certifie our Lady the Queen that the within named I. H. before the coming of this Writ to me directed was dead Of choosing a Verdecer in the Forrest And that I after the receit of this Writ to me directed in my full County Court held at Wilton in my County the 29th day of May the year within written by assent of the said County in the place aforesaid I made to be elected one N.S. Esq a Verdecer of the Forrest of B. within written to do as the said Writ in that commandeth and requireth At my County Court held such a day and year Election of a Coroner in the full County aforesaid by vertue of this Writ and by the consent of the said County in the place of P.H. within named which died I chose a Coroner that is to say I.W. who as the manner is took his corporall Oath that he should do those things and observe what to the Office of a Coroner in the County aforesaid appertained to be done as within c. By vertue of this VVrit I summon Arch-Bishops Justices of Forrest Summon Bishops Abbots Earls Barons and all other free Tenants which have Lands and Tenements within the bounds of the Forrest of the said our Lady the Queen within written in my County and four men and the cheif of every town within the bounds of this Forrest and also twelve good and lawfull men of every town within the bounds of the said Forrest dwelling which ought to come and were wont that they be before our Instices within written at the day and place within contained as within I am commanded Publickly also I have made to be proclaimed through all my Bailiwick as well in Burroughs as in other Townes and in Faires Markets and other publick places that all those which by Charters of our Lady the Queen now or of her Predecessors or her Progenitors or any way any liberties or Franchises claim to hold and by what warrant that they be before our said Justices at the day and place aforesaid I also made to be proclaimed that all attached for Vert or Venison or hunting in the Forrest aforesaid after the last Plea of the Forrest aforesaid held and their Pledges and Manucaptors aforesaid to be and before the aforesaid Justices to stand to their right and to do those things which according to the Law of the Forrest they ought to do The residue of the Execution of this Writ doth appear in certain Pannells to this Writ annexed By vertue Capias ut legatum c. I have taken the body of H.S. within named whose body before the Iustices within written I have ready at the day
and place therein contained as within I am commanded the residue truly of this execution of this Writ doth appear in a certain Inquisition to this annxed Before the comming of this Writ Other wise between 2 Sheriffs J.M. Esq late Sheriff of the County of W. the within named T.D. took and in the Prison of our Lady the Queens Prison with him detained by vertue of a certain Writ of our Lady the queens to the late Sheriff directed which said T.D. late Sheriff together with the Writ to him directed to me J. D. Knight now Sheriff of the County aforesaid in the end of his Office hath delivered whose truly body and the Writ to the said late Sheriff directed J. the aforesaid now Sheriff before the Iustices within written at the day and place aforesaid have ready to do and receive what the said Writ in that commands and requires This Writ as it is above indorced Testificate returned of the late Sheriff together with the inquisition to this Writ annexed twentieth day of June in the year of the Reigne of our Lady the Queen within written ninth was delivered to me J.D. Knight Sheriff of W. within written by J. E. Esq late Sheriff of the County aforesaid my Predecessor in the going out of his Office This last return ought to be written in Romane Letters By vertue Certiorare c. All and singular indictments R.B. within named before our Lady the Queen wheresoever she were in England at the day within contained I send in a certain Scedule to this Writ annexed We A.B. and C.D. Coroners of our Lady the Queen of the County within written Otherwise by the Coroners Do certifie the Iustices within written at the day and place within contained that we have searched the Rolles and other our remembrances and also all and singular writings of all and singular Courts held in our pesence as well at the Suit of our Lady the Queen as at the Suit of G.H. or any other pubished and we can finde nothing thereof nor can certifie any such Record before the Iustices according to the form of this Writ By vertue c. I certifie the Iustices within written that such a day and year I took into the Queens bands 3. Cessation by two weeks Houses c. within written by the view of A.B.C.D.E.F. and. G.H. good and lawfull men of my bailiwick as within I am commanded By vertue c. Dedimus potestt atem I certifie our Lady the Queen into her Chancery that A.B. within named before us hath taken his Corporall Oath that the Letters Patents whereof within there is mention made came to the hands of the within named C.D. his Testator But by his Oath he saith that nothing of the Articles and other circumstances in the same Letters Patents specified before him was found The Answer of H.L. and J.D. Commissioners By vertue of this Commission to us directed The return of Commissions we have taken the Answer of T. D. within named upon the holy Evangelist that all things in the said Answer are true which Answer so taken is to this Commission annexed together with the Bill together in the same directed and all other things which in the said Commission are contained or belong to it we have made to be done according to the effect and tenor of the same as within we are commanded Returne for the Chancery or the Master of the Rolls By vertue c. there was a Search made amongst the Records of the Chancery of our Lady the Queen within written and in them or any of them I finde as yet no Record for the Queens title by which it can appear of any Lands or Tenements with the appurtenances in S. in C. which were of late the within named J. S. which ever came to the hands of our said Lady the Queen as in this Writ is supposed I certifie the Justices aforesaid Decies tantum that the within named S.A. at the day and place therein contained before you I have ready to do and receive what the Court of our Lady the Queen within written shall consider of that according to the form of this Writ I J.D. Suerty oâ— the Peâ— assigned one of the Justices of our Lady the Queen in the County of D. of the Peace to be kept Send before our Lady the Queen in her Chancery the Tenor of the security of the Peace of which in the said VVrit there is mention under my Seal as the said VVrit in that commandeth and requireth c. VVhich truly security is annexed to this VVrit Security of the Peace as it is taken The answer of T.F. Mayor of the City of D. and one of the Justices of our Lady the Queen assigned in the same City to preserve the Peace By vertue Certificate scedule c. All and singular the Recognizances which A.D. and the rest within named before the justices within written late made with all things touching them before our Lady the Queen at the day and place therein contained I send under my Seal to these presents annexed as within c. T.F. Mayor of the City aforesaid Process out of the Exchequer The within named Lady J.S. hath nothing in Mannors Nihil Lands and Tenements within written but with J.S. Esq whom shee took to Husband By vertue of this VVrit to me directed I have taken the body of the within named J.S. whose body Ceâ—i Corpus before the Barons within written I have ready as within I am commanded By vertue of this writ to me directed I certifie the Barons within written I have taken as well the body as the Lands Distresse that I have taken the body of the within named J.R. whose body before the said Barons I have ready at the day within contained And also twentieth day of January the eighth year within written I took into the hands our said Lady the queen by name of Distresse certaine Lands and Tenements of the within named J.R. lying and being in B. of the yearly value of a hundred shillings as the said Writ in it commanded and required The within named J.E. is not to be found in my bailiwick I have taken as well body as goods nor hath any Goods or Chattells in my Bailiwick But by vertue of this VVrit to me directed I certifie the Barons within written that the fifteenth day of June in the twentieth year of the Queen within written I took into the hands of the said Lady the Q. in name of Distress seven Houses or Tenements with their appurtenances in M. which are of the cleer yearly value of fifty shillings and one cheif House or Farm with the Appurtenances in W. of the yearly value of five Markes The within named A B. is not to be found in my bailiwick 〈…〉 and further I certifie the Barons within written that by vertue of this VVrit to me directed Such a day and year within
written I took into the hands of our Lady the Queen one House or Tenement with the Appurtenances in B. in the County of W. within written of the yearly value of ten pounds as the Lands and Tenements of the within named A.B. And also six cowes one Bull and one Gelding price in all eight pounds of the Goods and Chattells of the said A.B. in name of Distresse as I am commanded All which truly goods and chattells with me remaine unsold for defect of Buyers and the said A.B. no other or more goods and chattells Lands or Tenements hath within my bailiwick which into the hands of our Lady the Queen for present by any means I can take or seise I certifie the Barons aforesaid Otherwise that by vertue of this VVrit to me directed the eighth day of J. c. within written I have taken into the hands of our Lady the Queen the Mannor of S. with the Appurtenances within written as c. The residue of the execution of this VVrit doth appeare in a certain scedule to this VVrit annexed Scedule An Inquisition indented taken at S. in the County aforesaid the eighth day of January the year c. Before me J.H. Knight Sheriffe of the County aforesaid by Writ of a Right close of the said Lady Queens to me directed which is annexed to this Inquisition by the Oath of J.D.R.R. c. good and lawful men of the County aforesaid which do say upon their Oath that the Mannor of S. with the appurtenances is of the yearly value of five pounds besides all charges and reprisalls in witnesse whereof c. The Mannor of S. within named lieth in the County of G. and not in the County of W. Therefore I cannot distrain the Tenants there as within I am commanded By vertue of this VVrit to me directed I. certifie the Barons within written that the twentieth day of March Take into the hands the 8th year of our Lady the Q. within written I took into the the hands of the said Lady Queen the Mannor within written with the Appurtenances as within I am commanded If it be with inquirie for the yearly value The residue of the execution of this VVrit appears in a certain inquisition taken to this writ annexed The within named VV.B. and M. his Wife Who is Tenant are Tenants of the third part of the Mannor aforesaid in three parts divided and C.A.M.E. and J. B. the Daughters of C.D. dead are the Tenants of the second part of the Mannor within written in three parts divided and the other third part of the Mannor within written remains in the hand of our Lady the queen by reason of the nonage of T. B. Son and Heir of the aforesaid C.D. The Manucaptors of the forenamed W. B. and M. his Wife J.D.R.R. The within named A.B. hath nothing in my Bailiwick Venire facias Crown office or Exchequer by which he may be attached or where I may take him The within named A. B. is attached by Pledges that is J.D.R.R. If he be an Earl or a Countesse The Issue of them half a Mark. And further if these words are repeated in the VVrit and also to shew twenty shillings The within named R. A. hath nothing in the Land Distr of the Tenement and Hereditament within written by which I can distrain him No such Mannor Otherwise nor any Lands or Tenements known by the name of E. lying in the County of VV. whereof I can distrain the Tenants as within I am commanded The within named J.K. and R.K. have nothing nor either of them hath any thing within my Bailiwick and further I certifie the Barons within written that none are Executors or Administrators of the goods and chattells which were the within nameds M. K. whereby them or any of them I can distrain The Manucaptors of I S. Gent. Tenant of the Lands and Tenements within specified which were the within named M. K.I.D.RR The Issues thirteen shillings four pence By vertue c. I have taken Execution of the Goods and Chattels of J.H. within named a certain Demise and Grant to the said J. H. by one to T. G. of one part and the aforesaid J. H. of the other part for terme of one and thirty years to begin from the first day of Ianuary the year of the Reign of our Lady Elizabeth within written as by that Indenture bearing date the same day and year fully appears of and in a House or Farme with the Appurtenances scituate and lying and being in L. in the Parish of f. within my Bailiwick called or known by the name of B. together with all and singular Lands Meadows Feedings Pastures Woods Under-woods VVaters and Pastures with all their Appurtenances scituate lying and being within the Town Parish and Feilds of F. aforesaid and likewise in my Bailiwick and the aforesaid Lease and all the whole Right state Title terme of years Possession and Demand which the aforesaid J. H. now hath of and in the foresaid Premises by vertue or force of the said Demise and Grant or otherwise I have set to sale and sold to one R.G. Gentleman for the summ of threescore and sixteen pounds thirteen shillings and four pence and also I have taken in Execution other Goods and Chattels of the aforesaid J. H to the value of threescore and five pounds six shillings eight pence which truly summs of Money so in forme aforesaid by me levied in the whole do amount unto 132. pounds and twelve pence and the same summs before our Lady the Queen at the day and place aforesaid I have ready and to be given to the within written E.P. and J. his VVife in part of satissaction of the Damages within written as by that VVrit I am within commanded And that I. H. hath no other Goods or Chattels in my Bailiwick that the residue of the aforesaid one hundred threescore and five pounds six shillings two pence can be had or levied according to the command of this VVrit By vertue I have taken into the Qu. hand c. tenth Day of S. the year of the Reign of our Lady the Queen within written twentieth I J.S. Knight Sherif of W. within written have taken resumed and seised into the hands of our Lady the Queen all those Tenements Shops Gardens and all the other the Appurtenances by vertue of the Writ aforesaid to be resumed which do appear in the Inquisition to this Writ annexed By vertue of this Writ to me directed Of setting to sale from day to day I have set to sale those Goods and Chattels to the value of a hundred shillings residue of the eight pounds which were of the Goods and Chattels Lands and Tenements T. F. within named and there I sold to the value of forty shillings which truly forty shillings I have ready at the day and place within contained as within I am commanded then there to be paid and the residue of the
Goods and Chattels aforesaid then with me remaining unsold for want of Buyers but I will set them to sale from day to day and when they happen to be sold the money thereof coming before the Barons within written I will bring according to the form and effect of this Writ Those Goods to the value of twenty Marks within written Otherwise which by vertue of the Writ of our Lady the Queen lately now to me directed I have taken of the Goods and Chattels Lands and Tenements which were lately T. F. within named and have set them to sale and sold them and the Money thereof I have ready to bring to the Barons within named at the day and place therein contained as therein I am commanded A. B. and C. D. within nominated Are dead were dead long before the sending out this Writ neither have they any Goods or Chattels Lands or Tenements within my Bailiwick which I can extend and value as by this Writ I am commanded The within named A. B. and C. D. are dead For the shortnesse of time Scire feci and to the rest of the Execution nothing is done by me for the shortnesse of the time By vertue c. Scire feci J.C. within named that he be before the Barons within written at the day and place within contained by J. C. and R. S. good and lawfull men of my Bailiwick as within I am commanded There are no Executors of E. within written Against Executors nor Administrators of the Goods and Chattels which were his nor Heirs nor Tenants of Lands and Tenements which were his in my Bailiwick to whom by any means I can give the Scire facias I.D. and the rest of the Defendants within named Otherwise have nothing in my Bailiwick by which I can them Scire facere By vertue Non omittas c. I have taken of the Lands and Tenements of W.R. to the value of forty shillings which I have ready for the Barons within written at the day and place therein contained as within I am commanded and further I certifie the Barons vvithin vvritten that the aforesaid VV. hath no other or more Lands nor Tenements Goods nor Chattels in my Bailiwick whereof the residue of the Debt within written I can levy by Execution as the said VVrit in it commandeth and requireth Here follow certain Cases of the Common Law upon the Returnes aforesaid and others BEcause Justices to whose Duty it belongeth West 2. cap. 35. to administer Justice to every one before them complaining are oftentimes hindered so that they cannot in due manner execute their Office by this that Sheriffs do not return their Original and judicial Writs and likewise return false Answers The Lord the King provideth False Return that those which fear the malice of the Sheriff should deliver their Writs in the full County Court or in the other County Court where there is a gathering of the Kings Money and let there be a Billet taken of the Sheriff present or of the under-Sheriff in which Billet there shall be contained the names of the Plaintiff and Defendant and adjoyned to the Billet sealed by the Sheriff or under-Sheriff in witnesse thereof and let there be mention of the Delivery of this Writ And it gives remedy Tarde if the Sheriff will not seal the Billet by this Statute remedy is given if the Sheriff return Tarde Mandavi Balivo where he hath sufficient time to serve the Writ and where he returnes I have commanded the Bailiff of the Liberty where it is no Liberty and this Statute gives you shall not omit for any Liberty and gives Averment against the Returne of the Sheriff Averment if he return to little Issues and gives that he should deliver Corn in the Grange and all Moveables besides Equituram Indumenta utensilia domus contained under the name of Issues and the Statute gives Posse Comitatus See the Statute of 1 Ed. 3. chap. 6. The Sheriff by the common Law is the Preserver of the Peace Authority of the Sheriff and hath the Custody of the County for the time that he is Sheriff and may cause the party to finde Surety if any require that and every Obligation which he takes to keep the Peace shall be taken a Recognizance in Law and specially when this is certified by Certioâ—are in the Chancery But Pleas before him in the County or Hundred are not of Record for these are by reason of course and this taking for Peace is by reason of his Office Fitzh 81. D. If the Sheriff return upon a Distringas Juratores Appearance no manner of Issues and a full Jury appears and pleads this is no Error for the King hath no losse and the Issues are for the King which he shall not have if the full Jury appear 5 H. 7. f. 8. Also if the Sheriff return Scire feci upon Fine or Judgement and no mention is made of the Summoners and Viewers and the party appear and pleads it is no Error and if upon the Grand Cape there be not returned the Summoners and Viewers yet if the party appear and pleads it is no Error 3 H. 7. f. 14. this Return was amended and the Plaintiff recovers See 8 H. 5. f. 2. B. Scire facias is returned Scire feci by J.S. and J.D. and though the Return be not by good and lawfull men as it ought if the party appear it is a good Return and may be amended 33 H. 6. f. 35. 44 Ed. 3. f. 16. 8 H. 6. f. 27. If the Sheriff attach a Cow Attachment the property is not out of the party till the Day of Return that he make Default and if at the Day of the Return he make Default the Sheriff may take that as forfeited to the King though he have left that before with the party 9 H. 7. B. Table Dormant and such things which are fixed to the Free-hold cannot be attached 21 H. 7. f. 26. Annuity the Sheriff returns I have nothing in my Bailiwick by which he can be attached where it should be by which he can be summoned and though it were in the time of another Sheriff Amendment it was amended for the Cout may amend a mistake of the Clerks and also of the Return of the Sheriff 33 H. 6. f. 47. Upon a Distringas Juratores the Sheriff in his Return leaves out four Names which were in the Venire facias and the Sheriff was examined and saith that they were distrained and for that the Returne was amended 37 H. 6. f. 12. 22 H. 6. f. 45. Appeal upon Distringas Juratores where there were Knights and Esquires which were in the Writ there was returned but eight pence upon every Juror and the Sheriff had been amerced unlesse he be there present and amend that and sets upon every Juror two shillings 2 R. 3. fol. 13. Attaint at the Distringas Juratores the
which were of A. B. otherwise called c. naming the addition in your Bayliwick in the hands and custody of C. D. Executrix of the last will and Testament of the said A. B. one hundred pound of debt and also 5 l. which were adjudged to E. F. in the Court before us in the Upper Bench at Westm for his damages which he sustained as well by occasion of detaining of that Debt as for his costs and charges by him about his Suit in that behalf disbursed if so much she should have them in her hands And if so much she should not have them in her hands then you should cause to be leavied the said five pounds for the damage aforesaid of the proper goods and chattels of her the said C D And you should have those moneys before us in the Upper Bench at Westminster at a certain day now past to render to the said E F for his Debt and Damages aforesaid whereof the said C D is convicted as it doth appear to us upon Record And you at that day returned to us that the said C D had no goods or chattels which were of the said A B whereby you might cause to be made the Debt and Damages aforesaid or any parcell thereof And moreover that by vertue of the said Writ you caused to be made of the proper goods and chattels of the said C D the said five pounds for damages aforesaid And that you had the moneys prepared before us in the Upper Bench at Westminster as it was commanded to you by our Writ And that the said C D hath wasted the goods and chattels which were of the said A B to the value of thirty pounds parcell of the said Debt of one hundred pounds Therefore we command you that you cause to be made in your Bayliwick the said 30 li. parcel of the Debt of 100 li. of the proper goods and chattels of the said C D And then you have here this Writ Witnes c. Elegit THe Keepers c. to the Sheriffe of L Greeting Wheras A B in the Court before us in the Vpper Bench at Westm lately recovered against C D an hundred pounds of Debt and also one and twenty shillings for his damages which he sustained as well by occasion of detaining of that Debt as also for his costs and charges by him about his Suit in that behalf diâ—bursed whereof the said C D is convicted as it doth appear to us upon Record And because the said A. B. doth come in the Court before us in the Vpper Bench at Westm and electeth to be delivered to him all the goods and chattels of the said C D in your Bayliwick besides his Oxen and beasts of his Plow and also the half of all the Lands and Tenements which were of the said C D the 14th day of June in the yeer of our Lord one thousand six hundred and fifty which day the Judgment aforesaid was given against the said C D in the form aforesaid to have the goods and chattels aforesaid as the proper goods and chattels of him the said A B and to have and hold the half of the Lands and Tenement aforesaid to him and his Assignes as his Free-hold untill he hath thereby fully leavied the Debt and damages aforesaid Therefore we command you that without delay you cause to be delivered all the goods and chattels of the said C D in your Bayliwick except the Oxen and beasts of his Plow and also the half of all the Lands and Tenements which were of the said C D the said 14th day of June in the yeer of our Lord one thousand six hundred and fifty aforesaid to the said A B by a reasonable price and extent to haâ—e the goods and chattels aforesaid as his proper goods and chattels and to have and hold the half of the Lands and Tenements aforesaid to him and his Assignes as his Free-hold untill he hath thereby fully levied the Debt and Damages aforesaid And in like manner this Precept shall be executed you make it appear before us in the Vpper Bench at Westminster on Thursday next after the fifteen dayes of Easter under your Seal and the Seals of them by the Oath of whom you took that Extent and Apprisement together with this Writ Witnes c. Habere fac ' poss THe Keeper c. Greeting Wheras A. B lately that is to say in the Tearm of Saint Hillary in the year of our Lord one thousand six hundred and fifty before us in the Upper Bench at Westminster hath recovered against C. D. 〈◊〉 sâ—arm then yet to come of and in one messuage with the appurtenances in E. in your County which F G. dâ—â—admse to him to a â—â—arm which is not yet past that 〈…〉 from the Feast of the Annunciation of the blessed Virgin Mary in the year of our Lord one thousand six hundred and fifty untill the end and tearm of three years from thence next following to be fully compleat and ended by vertue of which demise the said A. B. entered into the tenements aforesaid with the appurtenances And was thereof possessed untill the said C. D. did afterwards eject him the said A. B. from his Farm Therefore we command you that without delay you cause the said A. B. to have his possession of his Tearm aforesaid yet to come of and in the Tenements aforesaid with the appurtenances And in like manner this precept shall be executed you make it appear before us in the Upper Bench at Westminster on Saturday next after the morrow of the Assention of our Lord together with this Writ Witnes c. A Scire Facias in debt THe Keeper c. to the Sheriffe of N. Greeting Wheras A. B. in the Court before us in the Vpper Bench at Westminster recovered against C D two hundred pounds of debt and also thirty shillings for his damages which he sustained as well by occasion of detaining of that debt as for his costs and charges by him about his Suit in that behalf disbursed whereof he is convicted as it doth appear to us upon Record And now on the behalf of the said A. B. in the Court before us in the Vpper Bench at Westminster we conceive that although the Judgment be thereby given yet the Execution of the said Debt and damages doth yet remain to be made whereupon the said A. B. hath made supplication to us accordingly in that behalf to provide remedy for him And we being willing in that behalf to do that which is just we command you that by honest and lawfull men of your Bayliwick you make known to the said C. D. that he may be before us in the Vpper Bench at Westminster on Wednesday next after the fifteen dayes of the holy Trinity to shew if he hath or knoweth any thing to say for himself wherefore the said A. B. ought not to have his Execution against him of the debt and damages aforesaid according to the force form
and effect of the recovery aforesaid if he think expedient And further to do and receive that which the Court before us in the Vpper Bench at Westminster shall consider of in that behalf And then you have here this Writ Witnes c. The same against Manucaptors THe Keeper c. To the Sheriffe of Middlesex Greeting Whereas A B lately in the Court before us in the Vpper Bench at Westminster recovered against C H one hundred pound of debt c. as above untill these words doth yet remain to be made of the goods Chattels aforesaid And whereas E. F lately of c. And G. G. naming the addition formerly that is to say in Michalmas Tearm last past in the same Court before us in the Vpper Bench at Westminster personally came and did become Pledges and Manucaptors and both of them by themselves became Plegde and Manucaptor for the said C D that if it should happen the said C.D. to be convinced in the Plea aforesaid that then the said E F and G H granted and either of them for himself did grant the debt aforesaid and also all such damage cost and charges which should be adjudged to the said A. B. in that behalf of their and either of their Lands Chattels to be made and to the use of the said A. B. to be leavied if it should happen the said C D. not to pay the said debt damages costs and charges to the said A. B. or not to render himself to the Prison of the Marshall of our Marshalsey of the Vpper Bench at Westminster upon that occasion yet the said C. D. hath not hitherto paid the said debt and damages to the said A. B. neither hath upon that occasion rendered himself to the Prison of the Marshall of our Marshalsey of the Vpper Bench before that time as by the insinuation of the said A. B. in the Court before us in the Vpper Bench at Westminster we have accepted whereupon the said A. B. hath supplicated us accordingly to provide remedy for him in that behalf as above till after the return of the former Writ to these words to shew if he hath or knoweth any thing to say for himself wherefore the said A. B. ought not to have his execution against him of the debt and damages aforesaid according to the force form and effect of the recognizance aforesaid if he think good so to do c. as above untill the end A Scire Facias against an Executor in Debt THE Keepers c. as above in the first Scire facias untill these words doth yet remain to be made of the Goods and Chattels aforesaid and that the said C.D. after Judgement aforesaid in form aforesaid rendred is dead and that one E.F. is Executor of the last Will and Testament of the said C.D. whereupon the said A.B. hath supplicated us accordingly to provide remedy in that behalf as above till after the Return of the first Writ to shew if he hath or knoweth any thing to say for himself wherefore the Debt and dammages aforesaid of the Goods and Chattels which were of the said C. D. at the time of his death being in the hands and custody of the said E.F. to be administred ought not to be made and to the use of the said A.B. levied according to the force form and effect as above in the first c. The same for an Administratrix in Debt THe Keeper c. as in the first Scire facias untill these words as it doth appear to us upon Record and now in the Court before us in the upper Bench at Westminster comes E.F. VViddow the relict of the said A. B. and saith that after Judgement aforesaid in form aforesaid rendered that is to say on c. in the year c. naming the time the said A. B. at A. in your County died intestate after whose death that is to say on c. in the year c. naming the time at A. aforesaid the. Administration of all the Goods and Chattells Rights and Credits which were of the said A.B. at the time of his death by c. to whom the Commission of the Administration of Right did pertain was committed to the said E.F. and now on the behalf of the said E. F. in the same Court before us in the upper Bench at Westminster we have accepted that although c. as above in the first VVrit of this sort Rotam habend THe Keeper c. to the Sheriffe of Middlesex greeting whereas A.B. was lately summoned to be before us in the upper Bench at Westminster to answer C.D. in a Plea of taking and uniustly detaining of the Goods and Chattells of the said C.D. and the said A.B. appearing in the Court before us in the upper Bench at Westminster the said C. D. made default for which it was considered of in the said Court that the said A. B. should have Return of his goods and chattells aforesaid therefore we command you that without delay you cause to be returned to the said A. B. the goods and chattells aforesaid and not deliver them at the complaint of the said C.D. without our Writ aforesaid making expresse mention of the said Judgement and as this Precept shall be executed you certifie to us in the upper Bench in eight dayes of the Purification of the blessed Virgin Mary wheresoever we shall then be in England together with this VVrit witnes c. Capias in Withernam THe Keepers c. to the Sherif of M. greeting whereas A.B. in the Court before us in the upper Bench at Westminster was summoned to be before us in the uper Bench at Westminster to answer C. D. in a Plea wherefore he took the goods and chattells of him the said C.D. and detained them uniustly against Sureties and Pledges as it is said and the said A. B. appearing in the same Court before us in the upper Bench at Westminster the said C. D. there made default for which in the same Court it was considered by the same Court that the said A.B. should have return of the goods and chattels aforesaid whereupon we commanded you by our VVrit that without delay you cause to be returned the goods and chattells aforesaid to the said A.B. and not deliver them at the complaint of the said C.D. without our Writ that shall make express mention of the said Judgement and in such manner as that Precept should be executed you should certifie to us in the upper Bench at Westminster in the eight dayes of the Purification of the blessed Virgin Mary last past and you at that day did return to us that before the coming to you of that Writ the goods and chattels aforesaid were convayed away to places to you altogether unknown so that you would not cause those goods and chattels to be returned to the said A. B. therefore we command you that you take of the goods and chattells of the said C.D. to the value of the
504 Court-Baron And Leet how they are first ordained fol. 6. And where Suiters hold of the Mannor 7. Is incident to a Mannor 7. The order here begins to keep that 105. The charge in this here begins fol. 107. VVhat actions shall be there sued and what not 145. Capias shall not be awarded in that and which is a great Court 98. In what place it shall be held 186. VVhat is Court-baron and what of Record 187. The tryall in Court-Baron 187. Forraine matter pleaded there 187. The entries in Roll of Court-Baron here begin 186. Entries of surrender and admittances Forme of processe of execution Court of Ancient Demesne Here that begins 188. See before Ancient Demesne Court of Pipowders Is of Acts and Contracts onely within the Faire fol. 195. Court of the Marshalsey fol. 196. And the authority of that to hold Pleas fol. 127 Crosse-bows and Hand-guns fol. 28. Crow-Netts fol. 30. Customes Customes of diverse Mannors 200. It shall be reasonable according to common right and upon good consideration 201. What is good and what not 204. And who may prescribe fol. 105. It shall be taken strictly fol. 209. Damages FOR taking onely and not for retaining shall be recovered 211. In what Actions shall be recovery and in what not 211. Damages recovered in Dower fol. 314 Distresse For amerciament the Lord may distraine and for Fine or By-Law broken shall have debt or Distre 〈…〉 VVhat thing may be distrained and what not fol. 87. Discent VVhere one shall be sayd in by discent and where by purchase 212. A woman being young with child enters and see great with child and who is Bastard 213. VVhat is a possession in fee to be an impediment to the halfe blood 214. Discent and where it shall escheat fol. 214 De son tort Demesne VVhere one may plead that and where not c. fol. 216. Divorce If they have in Frank Marriage and are divorced the wife shall have all and if taile they have a free-hold by Divorce fol. 310 Double Plea See there what is a double Plea and what not fol. 441 Droit VVho hath more right and how it shall be directed 151. where after the Mise joyned judgement finall shall be given 151. Recovery in right c. fol. 496 Dower By attainder of tenant in taile where it shall be forfeited and where not 303. Third part shall be assigned to Eloppement 314. It shall not be of a reversion for life though his fee is joyned to the freehold 317. Nor it shall not be during the time of the husband being in Religion nor where be is joyntly seised 316. VVhere a villaine takes a wife it shall be under nine yeares it shall not be fol. 315 VVhere a Lord enters for Mortmaine or recovers in Cessavit the wife shall be 317. where the husband hath an estate in fee upon condition shee shall be 317. where the heire is remitted shee shall not be 317. where the husband looses by default or reddition she shall be fol. 318 Assignement by Guardian in Knights service by Disseisor Abator or Intruder good 317. Assignement by Guardian in Socage shall not be Rent assigne to the wife Rec. and yet assigne 317. Where the husband dyes seised and shee demands and hee was not ready the wife shall recover damages fol. 318. Entendment What is good by Entendment and what not fol. 443 Enquest In Leet if twelve agree it is good and a stranger may be sworne 13. In Court Baron by lesse then twelve for the Lord 13. In Leet it shall be by twelve at the least and see issue tryed in Court barâ—â— fol. 〈◊〉 Misdemeanor in drink or taking a writing fol. 225 Estray After the yeare and day and Proclamation made in the Church and Markets fol. 79 Escheat VVhere it ought and where it shall discend fol. 216 VVhere land ought fol. 217 Essoine After Issue but one Essoine 368. VVhere at two Venire fac Habeas corpora and distresse it shall be and where not 372. Action against three every one shall make Essoine severally and not after but c. 373. Of the Kings service cast in at the Distringas Jurat 374. After appearance the Tâ—nant shall not be in Assise 375. Of the service of the King the Essoine Sworne and he ought to bring in his warrant and shall loose 20 s. fol. 380 Exception of that entered and day of Essoyne fol. 280 It doth not lye for acorporation in the Scire fac fol. 381 VVhere it lyeth upon a re-summons and re-attachment and where not fol. 361. Evidence Vpon generall Issue that he had no such canse of action or no cause of action good 234. That he hath interest and an Estate good 235. Vpon general Issue he shall not have Evidence of another thing or contrary 236. VVhere the Evidence proves the substance of the Issue it is good 239. Exhortation to the Inquest Exhortation the cause that they are sworn 13. Execution What shall be and what in Court Baron and Capias is not there 227. Vpon a Recognizance and Statutes 231. Of Goods that he shall have Day of the Execution awarded of Land that hath Day of the Judgement 230. Four manner of Executions and Debt after the year 232 Fealty SHall be at the first Court and Attornement 140 Form of making Fealty 92 Who shall make that and who not 259 Felonies If Indictors of a Felon utter the Counsel of their Companions See divers manners of Felonies there 48 Forfeitures The King hath Year Day and VVaste and the Lord and Escheats 54. Of Goods onely and where not by Attainder 55. Of Lands Day of the Felony and Goods Day of the Judgement 57. And when Officer may seise 58 Formedon To a Gift first made it is not extended and Assise by Tenant in Tail where it lieth and where not 247 Shall make a Discent by all which tender Estate and the heir to every one is to sue 248. In Reverter and Discender Esplees is of the Donor and Donee in the Remainder in the Donee onely 249 Gage Law TRiall in Court Baron is by waging Law and by Assent by the Country 384. Where he shall have that in Account and where not 384 385 386. Detinue of VVritings and Obligation where he shall have his Law and where not 385. Vpon Arbitrement and Money awarded shall have his Law and not upon Statute 385. Debt for Salary for what he shall have it and for what not 385. He may where the Plaintiff fails in the Contract 185. He shall have it not shewing a Deed witnessing the Contract or Receit 388. Debt for Counsel he may have but not for Amercement in Leet 387. Where he shall save his defaule upon the Grandd Cape by waging of Law and where by Imprisonment and certain VVater 390 Garde VVho shall be in VVard and who not 250. VVhere part is in chief the King shall have all and where part Socage not all 254. Guardian cannot at this day out the Termor 256