a bar at large the plaintife makes title for that the same defendant in the life of his father sold the land c. to the plaintife by Indenture and delivers to him the Deed and afterwards the father dyeth within the 6. moneths and the defendant enrols the Deed within the 6. moneths by which the plaintife enters and was seised and disseised c. this is no good title upon this statute Because a man may confesse and avoid a Deed enrolled as to say that he had nothing at that time c. butnot by Infancie Ideocie Non sanae memoriae or the like and the Deed takes its perfection by the livery and not by the inrolment for if one make a grant when he hath nothing the land and he hath before attornement this doth not make the grant good and the Indenture is not an estoppell because where a man releaseth to I. N. being in full seisin yet he may say that he had nothing at the time of the grant c. And the same law is it of a lease by Indenture in the time of his father and by 12 H. 4. f. 12. a man may confesse and avoid a deed inrolled In an Assise the tenant makes a barre at large the plaintife makes title because that I.N. was seised in fee and leaseth to W. X. and T.S. for terme of life and after grants his reversion which he had depending upon the estate of T. S. to the plaintife the tenants attorne and dye and the plaintife enters and was seised and disseised and all is within 20 yeeres this is not a good title upon this statute Because the Grantor shall not have such a reversion Mayor and Comminalty by their name of Corporation and not by their proper name may make title after this Statute by 80. yeares past Because that is of their own possession and not of the seisin of their ancestour nor predecessour And the same law of Deane and Chapter but contrary of Bishop and Parson upon a seisin of his Predecessour because that is expresly within the words of the Statute Nota. DIVISIO 2da OR The second dayes Reading or Lecture Where a man shall prescribe according to the ancient forme and where not and what prescriptions shaâ— be good upon this limitation anâ—… what not A Man may prescribe thâ—â— he and his ancestors 〈◊〉 predecessors or thoâ—â— whose estate c. werâ— seised from the time thâ—â— contrary whereof c. as before thâ—â— Statute yet he shall not alledge or declare in the record of a seisin within 6â—… yeeres before the confession of the prescription yet it seemeth that he shall take advantage in evidence of the prescription of an ancient seisin before 60. yeeres with a seisin alledged within 60. yeeres without elder commencement And therefore the prescription as it seemeth ought to be elder but he cannot alledge nor declare in the record but within 60. yeeres but may enforce it in evidence at large quod nota And by the generall ancient forme of prescription it shall be intended meant as a prescription of which part of the seisin is within 60. yeares according to this Statute In a Quod permittat the plaintife prescribes in him and those whose estate he hath in the Manour of D. for common appointment from the time of King Rich. the first he may doe it well notwithstanding this statute Because the Statute doth not extend to a prescription by whose estate c. but to a prescription in him his ancestors and predecessors A Quo Warranto the plaintife prescribes in him and his ancestors for toll traverse from the time c. to have a peny for every load of stuffe carryed overmy land to his Mannour c. this is a good prescription Because this is to goe overthwart my land but through toll is to goe over the way through my land and therefore contrary there and the prescription shall serve as a new title by the usage afterwards Assise of common the plaintife made title to common appendant in the Mannour of the defendant the defendant prescribes that he c. and all his ancestors whose heire he is c. have used from the time of Rich. the first to put forth of their Commons such cattle which were not levant and couchant upon the same lands to which c. and for that that those cattle were not levant c. he put them forth c. this is a good prescription Because it is not to recover any thing but to discharge onely In a Quo Warranto c. the plaintife prescribes in him and his ancestors Lords of the Manour of D. from the time c. to take a peny for every load of through toll of those which carry through his Mannour this is a good prescription For the reasons before alledged and because it is contrary to common right In a Quo warranto the party prescribed in him and his ancestors Lords of the Mannor of D. to have cognisance of pleas and to hold plea in the Court of the Mannour aforesaid from the time of c. this is a good prescription Because he cannot prescribe in the grant of pleas Assise of land the def. disclaimes in the survey and prescribes that he and his ancestors seised of the Mannor of D. have used from the time of R. 1. c. that when such a gutter which conduceth water to such a house was ruinous to enter into this land and to repaire it and that he therefore entred to repaire this is a good prescription notwithstanding this Statute Because he is not to recover anything but to have easement because the Statute doth not speake but only of prescription to lands tenements commons rents portions pensions and hereditaments A quod permittat of common theplantife made title by prescription from the time of R. 1. c. the defendant said that he c. have been within age successively de tempore c judgement c. this shall not avoid the prescription Because this is a Law as a condition or recovery A man hath had a Faire and one Market by prescription from the time of R. 1. c. which is seised into the Kings hands 60. yeeres past by non-claime in a Quo Warranto before this Statute c. he shall never have the liberties again by prescription nor otherwise Because he might replevie them within 50. yeeres A man which had a Leet and Warren and Wreck by the Kings grant made no claime to the same before the Justices in Eyre 62. yeeres past by which his liberties are seised into the Kings hands and yet he and his heires continually used the same afterwards and in a Quo Warranto his heire made title to that by prescription according to this limitation he shall not have his liberties by this prescription A man hath had catalla felonum fugitivorum from the time of R. 1. c. and hath had allowance in Eyre and afterwards makes his
THE READING Of that famous Lawyer Sr. Robert Brook Kt. Upon the Statute of LIMITATIONS 32. H. 8. Cap. 2. London Printed for Hen. Twyford and are to be sold at his Shop in Vine-Court in the Middle-Temple 1647. THE WORDS OF THE STATUTE OF 32. Hen. 8. Cap. 2. of Limitations NO person shall sue have or maintaine any writ of right or make any prescription title or claime to or for any Mannors Lands Tenements Rents Annuities Commons Pensions Portions Corodies or other Hereditaments of the possession of his or their Ancestors or predecessors and declare and alleadge any further seisin or possession ofhis or their ancestor or predecessor but onely of the seisin or possession of his Ancestor or predecessor which hath beene or now is or shall bee seised of the said Mannors Lands c. or other Hereditaments within sixtie yeares next before the teste of the same writ or next before the said prescription title or claime so sued commenced brought made or had No person or persons shall sue have or maintaine any Assesse of Morduncestor Cosinage Ayel writ of entrie upon dissease done to any of his Ancestors or predecessors or any other action possessory upon the possession of any of his Ancestors or predecessors for any Mannors Lands Tenements or other Hereditaments of any further seisin or possession of his or their Ancestor or predecessor but onely of the seisin or possession of his or their Ancestor or predecessor which was or hereafter shall be seised of the same Mannors Lands Tenements or other Hereditaments within 50. yeares next before the teste of the originall of the same writ to bee brought No person nor persons shall sue have or maintaine any action for any Mannors Lands Tenements or other Hereditaments of or upon his or their owne seisin above 30. yeares next before the teste of the originall of the same writ to be brought c. Nor shall make any avowry or cognisance for any Rent suite or service and alleadge any seisin of any suite or service in the same avowry or cognisance in the possession of his or their Ancestors or predecessor or predecessors or inhis owne possession or in the possession of any other whose estate he shall pretend or claime to have above fiftie yeares next before the making of the said Avowry or cognisance All formedous in reverter formedous in remainder and Scire facias upon fines of any Mannors Lands Tenements or other Hereditaments shall bee sued and taken within fiftie yeares next after the title and cause of action fallend and at no time after the said fiftie yeares passed If any person or persons doe at any time sue any of the said actions or writs for any Mannors Lands Tenements or other Hereditaments or make any avowry cognisance prescription title or claime of or for any rent suite service or other Hereditaments and cannot prove that he or they orhis or their Ancestors or predecessors were in actuall possession or seisin of or in the same Mannors Lands Tenements and Hereditaments and at any time within the yeares before limited in this act and in manner and forme aforesaid if the same be traversed or denied by the partie person or defendant then after such tryall therein had all every such person and persons and their heires shall from thenceforth be utterly barred for ever of all and every the said writs actions avowries cognisance prescription title and claime hereafter to be sued had or made of and for the same Mannors Lands c. or other the premisses or any part of the same Provided alwayes that every person and persons which now have any of the said actions writs avowries Scire facias Com. cognisance title claim or prescription depending or that shall hereafter bring any of the said actions or make any of the said avowries prescription title c. at any time before the Feast of the Ascention of our Lord 1546. shall alleadge the seisin of his or their ancestors or predecessors and his owne possession and seisin and have also all other like advantage to all intents and purposes in the same writs actions avowries cognisances and prescriptions titles and clayme as he or they might have had at any time before the making of this Statute Provided also that if any person being within the age of 21. yeares covert baron or in prison or out of this Realme of England nor having cause to sue or bring any of the said writs actions or to make any avowries cognisances prescriptions titles or claymes that such person or persons may sue commence or bring any of the said writs or actions or make any of the said avowries cognisances prescriptions titles or claime at any time within six yeares next after such person nor being within age shall accomplish the age of 21. yeares or within six yeares next after such person now being in prison shall bee enlarged or never being out of the Realme come into the Realme And that every such person in their said actions writs avowries cognisances prescriptions title or clayme to be made c. within the said six yeares shall alleadge within the said six yeares the seisin of his or their Ancestors or predecessors or of his owne possession or of the possession of those whose estate hee shall thenclayme And also within the same six yeares shall have all and every such advantages in the same as he or they might have had before the making of this act Provided also that if it happen the said person now being within age convert baron in prison or out of this Realme having cause to sue or bring any of the said writs avowries cognisances descriptions c. to die within age or during condition c. or to decease within six yeares next after such person shall attaine his full age or be at large c. and no determination or judgement had of such titles actions or rights to them so accrued then the next heire to such person or persons shall have and enjoy such liberty and advantage to sue c. within six yeares next after the death of such person or persons now imprisoned c. insuch manner as the same infant after his full age or the said woman covert after c. should or might have had within six yeares then next ensuing by vertue of the provision last before rehearsed Provided also that if any person before Ascension 1546. sue or commence any of the said writs c. or make any avowry c. and the same happen by the death of any of the sayd parties to bee abated before judgement or determination thereof then the same person or persons being demandants or avowants or making such title prescription c. being then alive and if not then the next heire of such person so deceased may pursue his action and make his avowry c. upon the same matter within one yeare next after such action or suite abated and shall enjoy all such
claime in Eyre by prescription c. he shall not have those liberties c. Because a man cannot prescribe in those things which touch the Crowne A man hath had a Faire and Market by prescription certaine dayes and afterwards the King grants the same liberty to him by his Letters Patents 40. yeeres before the Ascension 1546. and in a Quo Warranto a month after the Ascension c. he makes his claime to that by prescription by an usage before c. this is not a good prescription upon the matter Because the grant determines the prescription as an obligation determines a grant or contract A man prescribes that he c. ancient tenants of D. and all lands of D. from the time of R. 1. c. have been quit of toll this is a good prescription notwithstanding this statute Because that it goeth in discharge and to recover nothing In a Serta molendini the plaintife after Ascension c. made his declaration that he and all those whose estate he hath in the Mannour of D. have had suit of their tenants to their Mill within his Mannour from the time of R. 1. this is a good prescription Because he prescribes per que estate which is not restrained by the Statute Assise of Common the plaintife prescribes that he hath been seised of Common for all cattell in the place where c. by all the time of this limitation this is not a good prescription Because the Statute sayes that he shal not make prescription but of the seisin of his auncestors or predecessors within 60. yeares before the making c. and his ancestour was not seised within the 60. yeares but himselfe c. such a prescription is not warrantable either by this Statute or by the Common Law In a Replevin the defendant prescribes in him and his auncesters to have amerciaments of all his tenants of D. fromthe time c. in quibuscunque curiis and may distrain make avowry for them this is a good prescription upon this Statute notwithstanding that it be of an amerciament in Curia Regis In a Quo Warranto the plaintife makes his title by prescription in him and his auncestours that they have used to have waifes from the time of c. and to retaine them notwithstanding fresh suit from the time c. this is no good prescription Because it is contrary to common right and cannot have any lawfull beginning A man makes a prescription in trespasse c. that he and his auncesters from the time c. to have the escapes of cattell in another mans land in driving to such a Park without amends made from the time of Rich. 1. this is a good prescription notwithstanding this Statute Because it is not to recover any inheritance but onely by way of discharge An Assise of Nusance for stopping of water by reason whereof 20. acres ofland are surrounded the defendant prescribes that he and his Auncesters Lords of the Mill of Dale have used from the time of R. 1. c. to stop during the re-edifying and repaire of their Mill this is a good prescription Because it goeth by way of easement and to recover nothing A man prescribed that hee c. Lords of the Mannour of D. have had â—… way over the land of another partie from the time of R. 1. c. to the Church of D. this is a good prescription Because it is neither tenement nor he reditament but easement because an Assise doth not lye of a way nor if a man give omnia tenementâ— hereditamenta sua the way doth not passe In an Assise a man prescribes in common c. in him and his auncestors de tempore c. upon which they are at issue and it is found that he and his ancestours have beene seised by 10. years and have been disturbed by another 10. years alternis vicibus de tempore c. he shall not recover upon this verdict and prescription Because the interruption is equall with the seisin In an Assise the tenant prescribed in him and his auncestours tenants of such land in D. to enter into the land of the plaintife and to abate the Nusance as often as the plaintife or his auncestours estop such a river de tempore c. this is not a good prescription Because where the Common Law will serve him he shall not prescribe 9 Ed. 4. Quo Warranto the Bailiffes and Comminalty of S. claim to make Fraternities of themselves by Master and Brethren by usage de tempore c. and the same being so made shall so implead and be impleaded c. this is no good prescription upon this Statute 9 E. 4.3 An Assise by Master and Confreres of D. the defendant said that there were no Master and Confreres there the plaintife said that he and his predecessours have been Masters and Confreres there and capable by that name and have used to implead and be impleaded by that name from the time of R. 1. and continually afterwards this is a good prescriptionafter this Statute c. Because he cannot prescribe in a Corporation and this prescription is to enable him and is not made to the land and therefore out of the case of the Statute Lord of a Mannour and tenant by homage fealty and 10. shill. rent the Lord releases the services of the tenant saving the rents and afterward is seised of the rent and disseised and brings an Assise and makes title that he and his auncesters c. de tempore c. have been seised of the rent this is a good prescription upon the Statute 31 E. 3. p. 33. Because in a rent service a man shall not prescribe because he may make another title by the Common Law contrary for a rent seck In a Replevin the defendant avowed because that it had been used by him and his ancestours whose heire c. Lord of the Mannour of D. for to distreine for Heriot custome upon the death of every tenant of the Manour de tempore c. and for Heriot custome after the death of I.W. c. he avoweth c. this is not a good prescription upon this Statute Because for Heriot custome the property is in him and he may seise it and may have an action and a man may not prescribe in his owne goods Dower by a woman the defendant said that the husband was attainted of felony c. the plaintife said that it had been used in this Manour from the time of R. 1. that the wives of a man attainted shall have dower this is a good prescription upon this Statute 8 H. 3. the like in Gavelkind of which the heire shall inherit And this prescription is not made of the seisin of him nor of his ancestours and therefore out of the case of the Statute A replevin for an amerciament in a leete for not comming to be sworne to the King the defendant prescribes that the usage is there to be
doth not lye Because he is to recover the villein and a termor shall not have his action by Fitzherb quaere inde butis a writ of Right in its nature or an action possessorie at the least A writ of Ne injustè vexes brought against the Lord to avoid an incroachment gained 61. yeares past the action lyeth Because it is onely to discharge the land and to recover nothing and yet it is a writ of right A man brought a writ of Mesne upon a deed of acquitall made 61. years past the action lyeth Because it is onely in discharge and is to recover nothing and is not properly a writ of right because battell nor grand assise doth not lie in it and he shal recover nothing but his acquitall and he is supposed in possession of his acquitall and it is not of the possession of the plaintife because it may be that neither he nor his ancesters were never acquited and that the Lord Paramount never demanded the services untill now and therefore the action is not restrained One brought a Quare Impedit and declared of the seisin of his ancestour 61 yeeres past by presentation and that afterward the Church became void and the Bishop presented by lapse and now his Clarke is dead c. the action well lyeth Because the avoidance which is the title is within the time of limitation because the lapse did not set him out of possession and he shall recover the presentation A man brought a Quo jure and declared of a time 61. yeares past the action lyeth Because though it be a writ of Right yet it is onely in discharge and to recover nothing A Warrantia Chartae is brought by one Quia timet implacitari and declares upon a warrantie made 61. years past the action well lyeth Because he shall recover nothing but his warrantie and if hee lose afterwards then he shall have in value by a Scire facias which is another action and also he must vouche afterwards c. and if he be impleaded in an Assise he shall give notice c. so that there shallbe other circumstances before that he shall recover A man brought an Assise of Nusance and declared of a Nusance levied by the defendant 32. yeeres past the action well lyeth Because he shall recover nothing but remove the Nusance A man brings a Quid juris clamat or a Per quae servitia against the tenant upon a fine levied of a reversion or services 62. yeeres past the action lyeth Because the reversion and services are in him and he demands nothing but attornement A Formedon in the Discender is brought of cause of action accrued 62. years past and within 60. yeares the action doth not lie Because that is an action possessorie and not a writ of right ut videtur Vide Dyer 278. 291. that a Formedon in Reverter and Remainder is not within the statute because the gift is the title A writ of Waste is brought of waste made 60. yeeres past the action lyeth Because no land is expresly demanded and he declares of no seisin A man brought a plaint in a base Court of customarie land and made protestation in the nature of a writ of Right at the Common Law and declares of a seisin 61. yeeres past the action doth not lie Because this is ruled by the equity of this Statute and so it was by the ancient limitation and also the declaration is in the nature of such a writ at the Common Law and every writ at the Common Law is ordered by this Statute Yet quaere whether this Statute extend to Copieholders as to the avowrie for services for it seemeth that it doth not but onely to free-holders because they shall not alledge seisin in his or their auncesters according to the words of the Statute but onely in the Lord A man brings a plaint in a priviledged Court or in Wales or in the Cinque-ports where they have authority to hold pleas per querelam and declares upon the ancient limitation it lyeth well Because the Statute speaks of the teste of the Writ so that it must be by Writ which this is not A man brought a writ of right close in ancient demeane he cannot declare of the ancient limitation Because the Statute speaks from the teste of the Writ In a writ of right of Warde the plaintife declared of seisin of service and seigniory c. 61. yeeres past and that his tenant died his heire within age and that the defendant deforced him this is a good declaration notwithstanding the Statute Because he was possessed of his seigniory until the deforcement which is within 61. yeeres and he shall recover but a chattell onely A man recovers certaine land by a Praecipe quod reddat or by another action the tenant dieth his heire enters the 61. yeares passe the demandant or his heire may have a Scire facias to execute the judgement Because this is not an action possessorie nor in the droit but a writ of execution and therefore out of the Statute A woman brought a writ of right of dower of the seisin of her husband 61. years past the action lyeth Because that is not of her owne seisin nor of none of her ancestors nor predecessors neither is it an action possessorie and it is not prohibited by the statute A writ of Right of Disclaimer is brought and declareth of a Disclaimer 61. yeeres past this is a good declaration Because it is not of the seisin of his Ancestour nor predecessour but ratione dominii because this seisin shall be referred to the land and not to the seigniory as appeareth by expresse words of the Statute in the end of the third Article because the Statute speaks where he or his ancesters or predecessors were seised of the same land or tenements or hereditaments within 60. yeeres And also the Writ doth not demand land and yet it may recover land Tenant by the courtesie of England of a Mannour with estovers appendant is disturbed and after is outlawed of felony the King enters by office the tenant by curtesie dyeth 61. yeares after the utlawry the heire shall not have a Quod permittat Because it is a writ of right and to recover the common of estovers and the time is past and in this action he shall alledge seisin A man seised of an advowson presents and his Clarke is instituted and inducted and dyeth 61. yeeres after this statute the patron presents and is disturbed and he brings a writ of right of advowson he may declare of a seisin 61. yeeres past notwithstanding this statute Because he shall recover possession of the advowson and the possession of the presentation afterwards is a seisin for the patron in the patronage and also in this case he was seised within 60. yeares because he was seised untill the usurper disturbed him and that was within 60. yeares A Formedon of ten acres of land which passed against the tenant and judgement
given thirty two yeerespast the Tenant shall have an attaint Because that albeit it shall be of his owne seisin and to recover land and the 11. article of the Statute cannot be so taken to set the lands at liberty c. yet that is not properly of the seisin of himselfe nor of his ancestors because that is taken where it is taken upon the seisin as in an assise and other actions where they shal alledge seisin and explees as appeareth by the first branch of the statute which hath these words viz. And alledge and declare any farther seisin c. because the action is brought upon the false verdict and not upon the seisin c. An Assise of Fresh force is brought in a City by Bill without writ of a disseisin made to the plaintife himselfe twenty two yeares past the action doth not lye notwithstanding that it bee within the limitation of an Assise Because that fresh force ought to be brought and recovered within 40. dayes after disseisin c. and thereforenotwithstanding that it be not by Writ yet that will not serve by the Common Law In an annuity the plaintiffe declared of a grant made to him and his heires by the defendant for him and his heires 61. yeeres past the action lyeth Because no tenant is charged and he doth not declare of any seisin but onely upon the grant In an Assise the tenant makes a barre at large the plaintife said that I.H. was seised in fee and holds of him and dyeth seised without heire 34. yeeres past by which he enters presently by Eschete and was seised and disseised by the defendant 28. yeeres past c. this is a good title besides this limitation notwithstanding this statute Because it is not brought of the seisin of his ancestour or predecessour in this land and his owne seisin was within 30. yeeres and therefore when that seisin serves to bring an action upon his own possession he may make title before the limitation if it be not made of the seisin of his ancester or predecessor Assise the tenant made a bar at large the plaintife said that his villein purchased the land of I. S. by which the plaintife entred 35. yeers past and was seised and disseised by the plaintife 20. yeeres past c. this is a good title ratione qua supra In a writ of entry in nature of an Assise the tenant made a barre by the feoffment of I. H. and gives a colour the plaintife said that his father was seised and died seised 12. yeeres past and he entred as heire and was seised and disseised 11. yeeres past c. this is no good title upon this statute Because in this action he shall not make title at large as in an Assise Note the difference In a writ of Right of Advowson the plaintife made title that he himselfe 20. yeeres past recovered the Advowson in a writ of Right of Advowson against I. N. the Church full and now the Incumbent dead and the plaintife presented and the def. disturbed him this is no good title upon this stat Because in this action he shall alledge seisin as in grossis decimis smalltythes c. which he cannot doe without alledging seisin so that a recovery onely without seisin in him or his ancesters is not good An Assise the tenant pleads a recovery against the father of the plaintife whose heire he is c. by which he enters the plaintife saith that after seisin the father of the plaintife enters and dyeth seised 12. yeeres past and he enters as heire and was seised and disseised c. this is a good title notwithstanding the recovery Because that notwithstanding the recovery binds the bloud yet the seisin and disseisin is a new title In an Assise the tenant makes a barre at large the plaintife said that the tenant himselfe 62 yeeres past was seised in fee and infeoffed a stranger upon condition that he shall enfeoffe such a person as he shall name before Easter and first hee names an estranger before Easter and afterwards and before Easter hee names the plaintife and thereupon the feoffee enfeoffs the plaintife who was seised and disseised fourteen yeeres past this is a good title notwithstandingthat it be without the limitation Because by 14 Ed. 4. the feoffee may enfeoffe either the one or the other and it is not of the seisin of his ancestour nor predecessour An Assise the tenant makes a barre by a bargaine and sale of I. S. by Indenture inrolled within the 6. moneths and the plaintife made title by another bargaine and sale from the same I. S. by Indenture inrolled within c. made unto him after the first deed indented because that I. S. at the time of the first bargaine and inrolment was an infant and entred at one and twenty yeeres and sold by the last deed enrolled to the plaintife by which he was seised and disseised c. this is no good title c. Because an infant shall not avoid a deed enrolled by nonage nor hee which claimes by him In an Assise the tenant made a barre by a lease made by I.S. to W.N. for term of life the lessee grants the reversion to the defendant and W.H. the tenant attorns and after aliens to the plaintife by which he enters the plaintife sayes thatthe said I.S. the lessor leased to the said W.H. for terme of life upon condition that if he grant the reversion to any during the life of the said W.N. that then W.N. shall have fee and said that the lessor granted the said reversion 61. years past by that deed to the tenant and after he attorned as aforesaid and after W. N. enfeoffed the plaintife and was seised and disseised 12. yeeres past c. this is a good title Because it is not of the seisin of his ancestours nor predecessours but of his owne seisin and the grant of the reversion in see was in the lessee because there was the same instrument the grant and attornement and therefore the attornment void contrary if the grant had been by fine as in a Quid juris clamat 6 R. 2. that then the condition would come too late In an Assise the tenant was barred by a feoffment of the plaintife himself with warrantie 61. yeeres past and relyes upon the warrantie the plaintife shewes that the same feoffment was by deed indented and that upon a condition thatif the defendant doe not pay 100. pound within one yeere to the plaintife that he shall reenter the defendant doth not pay by which he entred and was seised and disseised 12. yeeres past c. this is a good title notwithstanding this stat Because where a man binds the defendant he may make title of his owne possession as recovery of a villein and the like and it is no part of the seisin of his ancestour nor predecessour and therefore out of the case of the statute as to the 61. yeeres past Assise the tenant makes
sworne before the Constable and Portreeve and not in the Leet this is no good prescription by the opinion of the Court 2 H. 4. Abbe and his predecessours have been seised of a rent by prescription out of the mannour of D. de tempore c. the Abbey is changed into a Deane and Chapter where they shall not prescribe in them and their predecessours de tempore c. upon this Statute Because they ought to prescribe part in the Abbe and his predecessours and then shew the alteration and prescribe by the name of Dean and Chapter c. 7 Ed. 4. Replevin the def. prescribes to have 10. pound for every daughter of every villain which is married in his mannour of D. de tempore c. and for to distraine the goods of the father for the same c. and for marriage of such a daughter of I.N. his villein he avoweth this is no good prescription upon this Statute Because he may take all their goods at the Common Law In an Assise the tenant said that hee leased to W.H. for life who aliened to the plantife in fee for which he entered the plantife said that it had beene used de tempore c. which in the Village of Dale ubi c. that whatsoever estate a man made that nothing should passe but onely his own estate and the rest to be void this is a good prescription upon this Statute Because a thing which may be intended to have a lawfull beginning as by grant or reasonable usage it is good as to have for every poll 4. pence of the cattell distrained or to kill the distresse which he takes dammage fesant or to have of every one which breakes his pound this is no good prescription against a stranger but against his owne tenants it is because it may begin by assent In a replevin the defendant said that the tenant held 4. acres of him by fealty and two shillings rent for which rent c. his auncestors have used de tempore c. to distraine this is no good prescription upon this Statute Because where the Common Law will serve he shall not prescribe A man prescribes in an Avowry that he c. have been seised of Cōmon without number in the place c. by 40. years before the making of the prescription this is no good prescription Because the Statute doth not warrant it albeit it speak of seisin within 60. yeeres The third DIVISION or LECTURE Where he that hath cause of action entry title or right and suffers this limitation to passe may have remedy afterwards and what remedy and where not As also where the laches of one shall prejudice another and where not and where a may may make a claime after 60. yeares and where not A Man sels his land by Indenture after the Statute and before the inrolment the vendor is atainted of felony committed after the bargain and before the inrolment and after thedeed is enrolled within six moneths the Lord enters for Escheate the vendee doth Ouster him and declares of a seisin by 60. yeares the Lord may re-enter and retaine notwithstanding the Statute Because that the Land is not vested in the Vendee untill enrollment and a matter of Record shall not have relation beyond the reste and measne acts vested shall not be devested And it seemeth that this Statute of Limitations doth not take away the right nor entry of none of his owne proper seisin but only his action prescription title and claime of the seisin of his auncestors and predecessors and if the vendor die before inrollment the Lord shall have the Ward A man seised of a Mannor and villain regardant in the right of his wife the villain purchaseth Lands the husband enters and dyeth his heire enters the wife may enter 61. yeares afterwards and retaine notwithstanding the Statute Because the husband shall not have the Land purchased in right of thewife and the wife was seised with him contrary of a termor or tenant for life which are seised jure proprio A man made a feoffement upon condition on the part of the feoffee the condition is broken the feoffee dyeth seised his heire enters the 60. yeares passe the feoffor may enter and retaine notwithstanding this Statute Because the Land is bound with a condition and if it be by deed it may be pleaded by Littleton tamen cave that he bring no action after his entrie because it seemeth that if he be driven to make title that then he is gone And the like seemeth if he be driven to plead that by way of bar but upon a generall issue hee may give it in evidence A feme disseiseres taketh a husband the disseisee releaseth to the husband and his heires all his right the husband dyeth the heire of the husband entereth the 60. yeares passe the wife may enter and retaine Because this release shall enure to the wife for albeit that the wife was itby wrong the husband was in by title and therefore that enures according to the estate and perfects the estate of the wife as a release to three feoffees of a disseisor where there are foure feoffees that enures to the rest but contrary of a rel. to one of the disseisors An infant seised of land takes a wife which hath issue a sonne the husband being then of the age of 8. yeares and after had another son the husband being of the age of 18. yeares the husband dyeth the youngest son enters and the eldest son enters upon him and continueth possession by 60. yeares yet the yongest may enter and retaine Because the eldest is bastard by reason of the age of the father 29. E. 3.54 38 and that such bastardy shall be tryed by Assise by speciall pleading A man seised of Lands hath 2. daughters and dyeth I. S. abateth and the eldest son makes claime a furlong disjunct from the land because he dareth not enter and after dies without issue 60. yeares after there the other sistermay enter and retaine Because the claime of one is an entry for the other and one assise shall serve for the entrer 38. E. 3.23 but such claime shall be within the view of the Land for otherwise it shall not stand for an entry upon tryall c. because the issue was taken 4. H. 4. And the Stat saith that a man shall not declare nor alleage any farther seisin of his Ancestor or Predecessor then within 60. yeares c. A man makes a feoffement in fee to I. N. upon condition that he shall deliver xx yards or c. of Wooll at Roan in France the feoffee doth not deliver it the feoffee enters and declares by 60. yeares the feoffee may claime or enter and retaine Because the condition is voide to bee performed beyond Sea which cannot be tryed here 10. H. 6. and therefore the entry of the feoffor was a disseisin vide 7. H. 6.14 A feme disseiseres takes a husband the husband
makes a lease for life and the disseisee releases all his right to the tenantfor life the tenant for life dyeth the husband dyeth having issue c. the heire enters the wife enters upon him and continueth possession by 60. yeares the heire of the husband may claime the Land or enter and retaine Because by the discontinuance the reversion was to the husband alone and therefore the release to tenant for life enureth to the estate of the Land and of him in the reversion Tit. Release Litt. 119. A man hath issue bastard reigne and mulier puisne and dyeth the bastard entreth and indoweth the wife of the father and dyeth and the tenant in dowre dyeth the issue of the bastard enters and continueth possession by 60. yeares the mulier cannot claime nor enter nor retaine Because that although the bastard doth not die seised as of a reversion yet the mulier cannot enter as heire of his auncestor after 60. years because that is a claime in Law A man seised hath issue two daughters the one a bastard reigne and the other a mulier puisne and dyeth the daughters enter and are impleaded and vouch an estranger who enters into the warranty and leeseth the demandant recovers and they over in value the mulier ousts the bastard and continueth possession 60. yeares the bastard may enter and retaine Because the Vouchee is a conclusion A villaine takes a wife and purchaseth Land to him and his wife in see the Lord enters the bastard dyeth the Lord continueth seisin 60. yeares passe after the death of the husband the wife may enter and retaine the Land Because there are no moities betweene husband and wife of a purchase during covertures A feme seised in fee sels the Land after the Statute by Deed indented and after is ravished and consents to the ravishor his son enters and after the Deed is inrolled within sixe moneths the vendee enters and is seised by 60. yeares the son may make claime or enter or retaine Because it was perfectly vested as where a daughter takes a perquisite or remainder and after a sonne is borne A man marrieth with his Neife and Land is given them in fee the husband dyeth without issue the heire enters the wife ousts him by a continuant by 60. yeares the heire may enter and retaine Because the marriage is not an enfranchisement and then by the death of the husband this is a purchase by the villaine because by Natura Brevium shee shall not have Dowre A man seised in right of his wife aliens in see upon a condition the husband dyeth the condition is broken the heire of the husband enters and continueth 60. yeares the wife may enter and retaine Because the entry of the heire purgeth the discontinuance 4. H. 6. A man hath issue two daughters the one a bastard and the other a mulier and holds of the King and dyeth seised the daughters enter and sue livery andafter the mulier ousts the bastard and continueth by 60. yeares the bastard may enter and retaine the avowry and if she be ousted she may have a Writ of Right Because the Livery is an Estoppell and a discent between privities shall not take away an entry and the bastard is privy by Estoppell A man is disseised of a messuage and dyeth the heire suffers 60. yeares to passe and after commeth to the doore to set his foot to enter the disseisor stands in the doore with a Sword by which the other dares not enter and afterwards in the same manner the disseisor dyeth seised and his heire enters this claime shall not serve the heire of the disseisee A feme covert is disseised the disseisor dyeth seised his heire enters the husband and wife dyeth the 60. yeares passe the heire of the wife cannot enter nor retaine Because this is a claime upon the seisin of the auncestor A man sels his Land by Indenture and after disclaimes in an avowry by which the Lord recovers by a Writ of Right sur disclaimer and enters and afterwards the vendor inrolls the Deed within the 6. moneths the vendee enters the sixe moneths passe the Lord may enter and retaine and if he be ousted he may have a Writ of Right and in all these Cases they claime of their proper seisin and not of the seisin of their auncestor or predecessor Two parceners bring a sur cui in vita the one is nonsuited summoned and severed the other recovers the moity and both enter and afterwards he which recovered ousteth the other and continueth by 60. yeares yet the other may enter with her sister and retaine and if she be ousted she may have a Writ of Right 19. H. 6. f. 4. A feme grants a reversion by deed in fee and takes the grantee to husband and after the tenant Attornes the husband dyeth his heire enters the wife ousteth him and continueth seisin by 60. yeares the heire of the husband may enter and retaine and if he be ousted he may have a Writ of Right Because the Attornment is good contrary if the graunt were to havebeen persons because then that will not passe by the Attornment for to prejudice the husband A feme sole makes a feoffement upon a condition that the feoffee shall re-enfeoffe him when he shall be required by him and takes a husband and makes request the feoffee refuseth by commandement of the husband the husband dyes and after the feoffee dyeth seised and his heire enters and continueth possession by 60. yeares the wife may enter and retaine and if shee be ousted she may have a Writ of Right Because her entry was changeable by the refusall by reason of the first condition notwithstanding the discent where it is upon condition 35. E. 3.11 and the request is good Tenant in tayle discontinueth and hath issue a daughter and dyeth the 60. yeares passe c. the daughter takes a husband the feoffee makes an estate to the husband and wife for the life of I. N. the husband dyeth I. N. dyeth the discontinued enters upon the wife she may enter and retaine Because she is remitted quaere because she cannot have an action by reason of the time past and then out of the case of remitter yet it seemeth that the issue in tayle which is outlawed and hath a release may be remitted A man is disseised and releaseth all his right to the disseisor upon condition that the disseisor shall enfeoffe him of other Land within a moneth the time expires no feoffement made the 60. yeares passe the disseisee may re-enter retain and if he be ousted he may have a Writ of Right by reason of the condition Tenant in tayle discontinueth the 60. yeares passe the issue in tayle disseâ—seth the discontinued and the discontinued hath issue within age and dyeth the heire in tayle dyeth seised his heire enters during the infancy of the heire of the discontinued the heire of the discontinued cannot enter nor retaine by reason
of the remitter A man is disseised and dyeth his heire within age the disseisor dyeth seised his heire enters during the nonage of the heire and continuethseisin by .60 yeares the heire of the disseisee cannot enter nor claime nor have action Because he claimed upon a seisin of his auncestor which is defended by the Statute A man is defaced of certaine Lands and recovers the Land in a praecipe quod reddat the tenant dies seised his heire enters the 60. yeares passe yet the defac't may enter and retaine and if he be ousted he may have a Writ of Right Note that Deane and Chapter and the like by the name of their corporation may make a claim by an 100. years past For the reasons rendred in the first Lecture A man seised in the right of his wife is disseised or makes a discontin and liveth 61 years he and his wife die the heire of the wife shall not have action claime nor enter Because none is aided but those which were covert at the time of the Statute c. and the heire doth not claime upon the seisin of his auncestor beyond 60. yeares and an entry is a claime If tenant for life or an Ideot or a man imprisoned or beyond Sea are disseised and suffer the 60. yeares to passe and dyeth their heire nor those in the reversion shall not make claime nor enter nor have action Because if their entries are taken away they shall be barred in perpetuum for the reason aforesaid If an Infant be seised at 14. yeares and hath issue and dyeth before 21. yeares and every issue one after the other untill 60. yeares are past their heire shall never have action nor claime By reason of this Statute because an Infant or the like are not excepted but only those which were Infants tempore Statuti An Infant sells his Land by deed indented and inrolls the deed within sixe moneths he being within age the vendee enters the Infant ousts him and continueth by 60. yeares the vendee may re-enter and retraverse and if hee be ousted may have a Writ of Right Because the Infant is estopped by the inrollment to say that he was within age tempore c A man hath issue two sons and dyeth seised the first enters and dyeth seised the 60. yeares passe the eldest cannot make his claime nor enter nor retain because that notwithstanding there be a privity in blood c. yet he must claime of the seisin of his auncestor and an entry is a claime in Law which is ousted by the Statute A man seised in fee hath issue a son and a daughter by one Venter and a son by another Venter and gives his Land to his eldest son in tayle and dyeth and after the eldest son dyeth without issue the daughter of the entire blood shall enter the yongest ousteth him and continueth seisin by 61. yeares the daughter cannot make claime nor enter and retain because the fee doth not vest in the eldest son by discent by reason of the entayle and therefore it was in abeyance and yet it is in him for to give and forfeit as a reversion c. The fourth Lecture Of Avowries Where a man shall make an Avowry of a longer time then is limited by this Statute and where not and what shall be good Avowries upon this limitation and what not A Man holds by grand Serjeanty of the King distraines and alleageth seisin within 50. yeares and avowes for ayde to marry his daughter the Avowry is not good 10. H. 6. by all the Justices Because none shall pay such ayde but tenants in Soccage or Chivalrie and not tenant by grand Serjeanty nec alii Replevin against two of a horse taken who come and one of them avoweth for a rent charge and the other for a rent service out of the same Land and both alleage seisin within 50. yeares this is a good avowry upon this limitation 31. E. 3. in Fitz. 241. Because it is not like to coparceners betwixt whom is privity A man avowes the taking of two Clothes for toll due 52. yeares past by custome to destraine the goods of the buyer within the village for toll c. this is a good avowry notwithstanding this Statute Because it is not for rent suit nor service 20. E. 3. Avowry because the custome of his Mannor is that if any one breake the pound that he and his ancestors de tempore c. have used to distraine for x. s. this is good notwithstanding this Statute Because the prescription is good betwixtTenants of the Mannor and it is not for rent suit nor service Lords measne and Tenant the measne is in arrerages to the Lord the Lord distraines the Tenant the Tenant forejudges the measne the Lord accepts the rent and services by the hands of the Tenant and after avowes upon the Land for the arrerages of the measne and alleageth seisin within 50. yeares this is no good avowry for the arrerages Because this is the act of the Tenant and cannot doe otherwise but take him for his Tenant 7. E. 3. Avowry for xx s. for bloodshed presented upon the plaintife in his Leet 51. yeares past according to the custome c. this is a good avowry notwithstanding this Statute which speakes of 50. yeares Because it is not for rent suit nor service and the custome is good Grandfather Father and Son the Grandfather holds of the Lord by Harriot Reliefe and xii d rent the Grandfather dies the Father enters and enfeoffs the Son and dies the Lord accepts the rent of the Son and within 50 yearesdistraines and avowes upon the son for the Harriot and reliefe of his Grandfather due within the 50. yeares and alleages seisin within 50. yeares this avowry will not serve upon this limitation Because by the acceptance of the rent and service of the son he hath lost the Harriot and reliefe and all the arrerages 4. E. 3. A man seised of a Mannor in right of his wife leaseth the Mannor for xx yeares rendring x. livre. by the yeare at Michaelmas the wife dies without issue before Michaelmas after Michaelmas past the lessor may distraine and make an avowry by this Statute Because that untill the wise enters the tenant shall render the rent to the husband Avowry because the custome of the Mannor is to have x. li. for a fine of every villaine there which marrieth his daughter without licence and that such a villaine married there within 50. yeares without lilence c. and therefore avoweth this is not good Because he may take the goods of his villain by the common Law A man distraines his Tenant for homage due 50. yeares past the Tenant dyes his Executor sueth a Replevin after 50. yeares the defendant justifies for homage which was due 50. yeares past and that the tenant is dead this is a good justification notwithstanding the Statute Because the Statute speakes only of an avowry and cognisance and not of justification A
life brings a Writ of errour and reverseth the judgement and an estranger enters and he in the remainder brings a formedon 60. yeares after the death of tenant for life the action well lyeth by the branch of this Statute which speaketh of 50. yeares Because the action is not accrued untill after the reversall and a Writ of error is not an action nor a release of actions is not a plea in this and he in the remainder shall have error by equity of the Statute by him in the reversion A man grants a seigniory in grosse to one in tayle the remainder over in fee by Fine the Tenant attornes and after aliens in Mortmaine the Tenant in tayle enters and makes a feoffement of the Land and dies without issue no Scire facias is accrued to him in the remainder of the Land nor of the Rent Because the Land was not given and the seisin was determined by the entryof the Tenant in tayle and the Statute of Mortmaine saith that Capitalis Dominus intrabit retinebit in feodo and therefore is a perquisite to him and the Booke of 44. E. 3. is no rule that a Scire facias shall lie of the tenancy in lieu of the services A man leaseth for life the remainder over in tayle the Tenant for life leaseth to Tenant in tayle for the life of Tenant in tayle who dyeth without issue the Tenant for life enters a sormedon in remainder is not accrued to him in the reversion Because the lease of the Mannor is not a surrender nor forfeiture tit. dowre Fitz. Park fo. 20.7 H. 6.4 A man leaseth for life the remainder in tayle the remainder in fee the Tenant for life grants his estate to him in the remainder in tayle and to I. N. he in the remainder in tayle dies without issue action of formedon is not accrued to him in the remainder in fee Because the tenant for life and I. N. are living and it is no surrender for the advantage of the survivor I. N. Gascoignes case 7. H. 6. The sixth Lecture Seisins and Trials What proofes upon such issues limited by the Statute shall be sufficient and contrariwise and what trials upon that shall be good e contra and who shall be bound by them and who shall take advantage and where the party may refuse the triall e contra And what maâ—ters shall lie in triall notwithstandstanding this Statute as before this Statute e contra DOwre they are at issue that the husband was never seised of such an estate of which she was dowable c. the wife proves seisin 61. yeares before the teste of the Writ this a good proofe of the seisin to recover notwithstanding this Statute Because that this is of the seisin of the husband and not of the party her ancestors or predecessors In an assise of Common they are at issue ne unque seise so that he might be disseised the plaintife said that I. N. was seised and grants to him in fee and because he had not Cattle of his owne hee puts in Cattle of others with the assent of the grantor this is a good proofe of the seisin to have an Assise 22. E. 3. p. 84. Dowre of rent they are at issue ne unque seise the plaintife prooves that the rent was granted by the husband in fee upon a proviso that if he die his heire within age that the rent shall cease during the nonage the father dyeth the son within age and takes the demandant to wife and dies before 21. yeares of age this is no good proofe of feisin Because the rent had not essens during this time and it is not like the case of 24. E. 3. where she was endowed with a cesset executio because there the husband was seised indeed and it is not like a Dowry of a seigniory in suspence as where the Lord marryeth his Tenant which is a woman he dies she shall be endowed of the seigniory but here the rent ceaseth by matter in fayt and not by matter in Law Dowre The parties are at issue upon ne unque seise c. the demaundant proves a lease for life made by an estr the remainder to her husband in tayle the tenant for life leaseth to the husband for life of the husband the husband dies the tenant for life enters and she brought dowre this is no proofe of the seisin Because it is no surrender nor forfeiture and the tenant for life which leaseth shall have the reversion in this case In dowre they are at issue upon the seisin the tenant shewes that the husband was his villeine and purchased wherefore he entred upon the husband the Plaintife sayes that this purchase and entry was during coverture and the husband dyed c. this is a good proofe of seisin to have dowre Because the title of the Lord is not untill his entry and therefore the wife had the elder title A woman hath issue a son and consents to the ravishor the mother leaseth to the son for terme of life by deed poll the son hath issue dies the mother enters the issue brings a Mortdan and theyare at issue upon the seisin the issue gives all the matter in evidence for seisin in fee upon the lawfull entry of his father this is no good proofe of seisin Because that he which hath but a title of entry and not a right of entry cannot be remitted In an Assise they are at issue upon Ne unque seise c. the Pl ' gives in evidence that I.N. holds the Land of him and was attainted of felony and that the King should have annum diem vast and grants it over the defendant enters upon the grauntee within the yeare and the Pl ' brings an Assise within the yeare this is a good proofe of the seisin Because he can have no other seisin during that yeare Assise they are at issue upon Ne unque seise the plaintife gives in evidence that the Land is demisable c. and that I. N. his testator was seised and demised to him being his executor to sell c. and dyeth the plaintife enters and the defendant ousts him and he brings an Assise this is a good proofe of seisin per judicium Because he had the fruit against anestranger untill the heire may espy a forfeiture and makes actuall entry Tenant by the courtesie of a rent charge granted to his wife in fee to bee paid at Michaelmas his wife dies before the feast he makes an Avowry the Tenant traverseth the seisin which is found for him the Tenant by the courtesie dyeth the heire of him and his wife distrain and makes an Avowry upon the same grant he shall not be bound by the same triall Because the judgement is only to recover damages and he claimes as heire of his mother and not as heire to the father and avoweth by the grant for the seisin is not materiall And because that he in the
life to him 52. years past by his deed c. judgement c. and this is a good bar and shall be tryed notwithstanding the Statute c. and this notwithstanding that it was in the life of the auncester and without answering to the dying seised Because the Writ and Declaration is but a supposall and the barre is matter in fait A fine is levyed of land which is ancient demeane and after I. H. brings a Writ of right close in the Court of ancient demeasne and recovers the land upon issue upon the seisin against the tenant in taile which dyeth his issue shall be bound by this tryall Because it is not void but voidable because it is impleadable there by a part right patent and it is but one writ brought for another An Assise the tenant saith that the great Grandfather of this plaintiffe infeoffed W.N. who infeoffed the tenant 32. yeares past iudgement c. this barre shall be tryed notwithstanding this Statute and notwithstanding that the Plaintiffe had dyed Because that this matter in fayt and the writ and plaint is but a supposall Cessavit supposing the tenure by fealty and two shillings rent the tenant said that J.M. whose estate the demaundant had in the signiory after the ancient limitation and before the Stat of Westm. 2. enfeoffed the prior of D. to hold in frankaliens to hold by all services by the deed which he shewed c. whose estate he had in the land to hold quite for all services judgement c. this is a good barre notwithstanding the seisin afterwards and shall be tried notwithstanding the Statute 31. E. 3. Fitz Cessavit 22. Avowry for suit of Court to every two Courts and at the third to goe free and alleaged seisin the Plaintiffe said that he and two others held joyntly 3. acres of land of the defendant by suit of Court Vnde c. 60. years past the defendant brought a Cessavit against them and he another after and the third made a default after default wherefore the defendant reiceived a third part had execution in severalty judgement c. this is a good baâ—… and it shall be tryed notwithstanding thatthis is out of the limitation Because the Lord cannot take the suit and be contrary to the suit Assise of lands in D. they are at issue upon the seisin the assisse finde for the Plaintiffe and thereby he recovereth the tenant dieth and his heire brings a precipe against the Plaintiffe in the assise of land in D. the Plaintiffe in the assise pleades the first recovery of the same lands in D. and averreth that all is one and the same land the demaundant shall not be bound by the first tryall 14. E. 3. p. 9. A man recovers in a precipe in the Common pleas land in the Cinque-ports upon issue upon the seisin the tenant dyeth his heire brings an action in the Cinque-ports of the same land he shall be bound by the first tryall 9. H. 7.12 In the County Palatine a Commission in Ayre issued and after another Commission in Ayre issued who repealed the first and I.N. recovered land upon issue upon the seisin before the first Commissioners the tenant dyes his heire shall be bound by this seisin in an action brought before the last Commissioners Because the first Commission is notdetermined before Proclamation or notice given to the first Commissioners 34. E. 3. p. 1. A man recovers in banco land which is in Lancaster upon issue upon the seisin the tenant which lost brought another action against the demandant at Lancaster he shall not be bound by the first triall 9. H. 7.12 Because it was coram non judice breve Rs. non currit A man leaseth for life a man brings a precipe quod red of Rent against the tenant for life by covin and recovers upon issue upon the seisin the tenant for life dyeth he in the reversion shall not be bound by this tryall Because a feint recovery shall bee avoyded by the Statute of 32. H. 8. and by this Statute the party and his heires shall be bound and he it the reversion is not heire A Cessavit by tenant in tayle they are at issue upon tryall of the seisin which is found for the tenant who hath judgement the demandant dyeth his issue shal not be barred by this tryall to make an avowry or to have another Cessavit afterwards Because this is none of the actions which is spoken of in the Statute and also the judgement is that hee shall be barred of the land and not of the seigniory and upon a new Cessavit the heire may averre a Cesser and the issue was upon a Cesser in the seignory and the Statute speakes of a seisin of the thing demaunded which is the land and not the seigniory Dowre they are at issue that the husband was never seised which is found against the demandant by which shee is barred her sonne and heire of her and her husband brings a Mortdancester against the same tenant he shall not be barred by the first tryall Because the first judgement was onely of Dowre and not of title and the heire claimes as heire and not as heire to the mother Lord mesne and tenant the tenant holds by fealty and sixpence and the mesne by homage fealty escuage andtwelve pence the measne makes an avowry upon the tenant for fealty sixpence and alleageth seisin of the fealty and rent in his father which is found and tried against him and iudgement given by this tryall the Lord may distraine the tenant and make avowry for homage fealty and 12 d. Because the Statute saith that by the tryall the measne and his heires shall be barred of all avowries and claimes therefore the menalty is gone and the tenant shall hold of the Lord which is his owne act as a Release Foreiudger and the like and claime extends to all interrests tamen quere because it seemeth that hee shall not be barred but onely in the action in which the tryall is Lord and tenant the Lord avoweth the Plaintiffe traverseth the seisin which is found for him and he hath iudgement and recovers dammages the Lord cannot bring a precipe quod reddat of the same rent against the Plaintiffe Because the Statute saith that that shall be a barre of all avowries andclaimes after yet it seemeth that the the law is contrary and that he shall be barred onely in his action Juris utrum passeth against the person upon the tryall of a seisin his successor shall be barred by this tryall Because within the equity of the Statute The seventh Lecture What Infants Feme Coverts and the like shall have actions and shall be aided by this Statute c. TWo joyntenants have cause of a Writ of entry upon the ancient limitation tempore statuti whereas one was imprisoned tempore statuti and after he which was imprisoned dieth the other shall not have an action within sixe moneths upon