sue any accyon in the Quéens court if he remaine excommunicate xl daies wil not be iustified by his Ordinarie then the Bishoppe shall sende hys letter patent to the Chauncellour and thereupon it shal be commaunded to the sheriffe to take the body of hym y â— is accursed by a writte called de Excommunicato capiendo til hée hath made agréement wyth the Church for the contempt and wronge and when hée is iustified and hath made gréement then the bishop shal send his letters to y â— Quéene certifiyng the same and then it shal be commaunded to the shirife to deuer him by a writ called Excommunicato deliberando Exchange EXchaunge is where a man is seysed of certaine land and an other manne is seysed of other lande if they by a déede indented or without déede if the Landes be in one selfe countie exchaunge the landes so that euery of them shal haue others landes to hym so exchaunged in fée fée tayle or for terme of lyfe that is called an exchaunge and it is good wythout lyuere and seysin And in exchaunge it behoueth that the estates to them limitted by thexchange be equal for if one haue an estate in fée in hys land and the other hath estate in the other land but for terme of lyfe or in tayle then such eschaunge is void but if y e estates bée equal and the landes bee not of equal value yet the exchange is good Also an exchange of rent for Landes is good soe an exchaunge beetwene rent and common is good and that ought to bée by déede And it béehoueth alway that these woordes exchaunge bée in the deede or els nothing passeth by the déede except that hée haue liuery and seisin Execution EXecutioÌ„ is where iugement is geuen in any actyon that the playntife shal recouer the land the debt or dammages as the case is and wheÌ„ y t writ is awarded to pute him in possession that is called a writte of Executyon and when he hath the possession of the lande or is payed of the debt or dammages or hath the bodie of the defendant awarded to prison then hée hath executyon and if the plée be in the countie or court barron or hundred and they deferre the iudgement in fauoure of the partie or for other cause then the demaundaunt shal haue a writ of Executione iuditij But in a writ of Debt a man shal not haue recouerye of any lande but of that whiche the defendaunt hath the day of the iugement yelded And of chattelles a manne shall haue executyon onelye of the chattelles which hée hath the day of executyon sued Executour EXecutour is when a man maketh his testament and last will and therein nameth the personne that shall execute his testament then hée that is so named is hys executour and such an executour shall haue an actyon agaynst euerye debtour of hys testatour and if the executors haue assets euery one to whoÌ„ the testator was in debt shall haue an action against the executor if hée haue an obligatioÌ„ or specialtie but in euery case where y â— testator might wage his lawe no actioÌ„ lieth against the executour Extinguishment EXtynguishement is where a Lorde of a manor or any other hath a rent goynge out of lande and hee purchaseth the same lande soe that hée hath such estate in the lande as hée hath in the rent then the rent is extinct for that that a manne may not haue rent goinge out of hys owne lande And when any rent shalbée extinct it behoueth that the lande and the rent bée in one hande and also that the estate that hee hath bée not defesible and that hée haue as good estate in the lande as in the rent for yf hée haue estate in the lande but for terme of lyfe or yeares and hath a fée simple in the rent then the rent is not extinct but is in suspence for that tyme and then after the terme the rent is reuiued Also if there bée Lorde mesne and tenaunt and the Lorde purchaseth the tenauncy then the menaltie is extinct but that mesne shall haue the surplusage of the rent if there bée any as a rent secke Also if a manne haue a hye waye appendant and after purchase the lande wherein the hye way is then the waye is extinct and soe it is of a common appendaunt Extortion EXtortion is a wronge don by an officer as a Maier Bailife Sherife Eschetor or other offycer by colour of hys office in takinge excessiue reward or fée for executyon of hys sayde office or otherwyse and is no other thynge in déede then playne robbery or rather more odius then robbery for robbery is apparant and alwaies hath wyth it the countenance of vice but extortion being as great a vice as robbery is carrieth w t it a countenance of vertue by meanes whereof it is the more hard to be tryed or dyscerned and therefore the more odious and yet some there bee that will not sticke to stretch their office credit and conscieÌ„ce to purchase mony as well by extortion as otherwise according to y â— saying of y e poet Uirgil What can be told or what is that that huÌ„ger swéete of gold doth not constraine men mortal to attempt Failing of record FAilynge of recorde is when an action of trespas or such like is brought against one and the defendaunt sayeth that the plaintife before this brought an accyon for the same trespas in an other court recouered damage c. And demauÌ„deth iudgmeÌ„t of the court if he shall agayne haue this actioÌ„ c. And y â— plaintife sayth there is â—oâ— such record WhereupoÌ„ y â— defendant hath a day giueÌ„ him to bring in the record at which day hee fayleth or bryngeth in such a one as is nor barre to this action theÌ„ he is said to faile of hys record and therupon the plaintife shal haue iudgment to recouer c. Deede DEode is a proofe and testimonie of the agréement of the partye whose déede it is to the thing contayned in the déede as a déed of feoffement is a proofe of the liuery of seysin for y e land passeth by the liuery of seysin but when y â— déede and the liuery are ioyned together that is a proofe of the liuery and that the feoffour is content that the feoffée shal haue the land And note that al déedes are either indeÌ„ted wherof there bée two thrée or more as the case requireth of which y e feoffour grauntor or lessour hath one the feofrée graÌ„tee or lessee an other and peraduenture some other body also another c. or els they are poll deedes or single and but one which the feoffée grauntée or lessée hath c. And euery deede consisteth of thrée pryncipal points and if those thrée be not ioyned together it is noe perfect déed to bynd the parties namely writinge sealing and deliuery The first point is writing wherby is shelved y â— parties names to the déed
will serue in that case to say that hymselfe was borne in Kent it is for good reason to be doubted â— And y t they ought not y e Eschetor of the kynge to choose nor euer in any time did they But the kinge shall take or cause to bée taken suche a one as it shal please hym to serue him in that whych shal be néedeful 3 And that they may their lands their tenemeÌ„ts giue and sel without licence asked of their lords Sauing vnto the Lordes the rents and y e seruices due out of the same tenements 4 And that al and euery of them may by writ of the king or by playnt plede for y e obtaininge of their right as wel of their Lordes as of other men 5 And they claime also y t the coÌ„minaltie of Gauelkind men which hold none other then tenemeÌ„ts of Gauelkind nature ought not to coÌ„e to y e coÌ„mon summons of y e Eire but onely by the Borsholder fower meÌ„ of the Borowe Except the townes which ought to aunswere by twelue men in the Eire The like to this priuiledge is enioyed at thys day in y â— sherifes Lathe where many whole borowes be excused by the onely apparaunce of a Borsholder two foure or sixe other of y â— inhabitants Borsholder is so named of y e saâ—oÌ„ wordes Borber caldor y t is to say the most auncient or elder of the pledges 6 And they claime also that if any tenant in gauelkynd bée attainted of selony for the which hée suffereth Judgement of death the kyng shal haue al hys goodes and hys heire sorthw t after hys death shal be inheritable to al his lands and tenemeÌ„ts which held in Gauelkind in fée and inheritance And he shal hold them by the same seruices customes as hys auncestors helde them whereuppon it is said in Kentish The father to the bough And the son to the plough But this rule holdeth in case of felony and of murder onely and not in case of Treason at alâ— And it holdeth also in case where y e offendor is iustised by order of lawe and not where he withdraweth himselfe after the fault committed will not abyde his lawfull tryall And because that thys custome shal not be coÌ„strued by equity but by a straight and literal interpretation it hath therefore bin doubted whether the brother or vncle shall haue y â— aduauntage therof because the woordes extend to y â— sonne onely See 22. E. 3. abridged by master Brooke tit Custome 54. 7 And if he haue a wife forthwith be shée endowed by the heire if hee be of age of the one halfe of al the landes and tenements which her husband held of Gauelkynd nature in fée to haue to hold accordyng to the forme hereafter declared And of such lands y â— kinge shall not haue the yere nor wast but onely the goodes as is béefore said The wife shall not lose her dower for the default of her husbande but in such case where the heire shal lose his inheritance for the offence of his father 8. Henry 3. 8 And if any manne of Gauelkinde eyther for felonie or for suspicion of felonie withdrawe him out of the countrey and bee demaunded in the countie as he ought be afterwarde vtlawed or put himselfe into the holy church and abiure the lande and the Realme the kinge shall haue the yeare and the wast of his landes and of al his tenementes together with al his goodes and chattels Soe that after the yeare and the day the next Lord or lordes shal haue their Eschetes of those landes and tenements euery lorde that which is immediatly holden of him So is it holden in the bookes 8. E. 2. abridged by master Fitz. ti PrescriptioÌ„ 50. 22. E. 3. abridged by master Brooke ti Custome 54. 9 And they claime also that if any tenaunt in Gauelkinde and bée an inheritor of lands tenemeÌ„ts in Gauelkind y â— al his sonnes shal part y â— inheritaÌ„ce by equal portioÌ„s 10 And if there bee noe heire male let y e partitioÌ„ be made betwene the females euen as betwene bro. But y â— statut of Praerog regis cap. 16. sayeth That the females shall not deuide wyth the males which is to bée vnderstode of such as bée in equall degrée of kynred as Brothers and sisters as in this ix and. x. deuision For if a man haue issue iij. sonnes the eldest haue issue a daughter and die in the life of his father and the father dieth In this case the daughter shalioyne with the two other brethren her vncles for that shée is not in equal degrée w t them as her father was whose heire neuerthelesse she must of necessity be 11 And let the messuage also be departed betwene them but the Astre shall remayne to the yongest sonne or daughter and be the value thereof deliuered to each of the parceners of y â— heritage froÌ„ xl féete from y t Astre if y â— tenement wil soe suffer By this worde Astre is ment as is coÌ„iectured either the hall or chéefe roome of the house â–ª eyther else the well for water or the south side of the buildinge for Astre beeinge sounded without s may come of the latin worde Atrium which signifieth a Hall or of Haustrum whichbe tokeneth the bucket of a wel or of Austrum the south side euery of which haue their particular coÌ„modities aboue the rest of y â— house or tenement Or otherwise being souÌ„ded with s it may be deduced from y e freÌ„ch word Asistre by contraction Astre which is as much as a site or situation and with the article le before it Lester a churchyarde or Court about a house But at this daye there is no such regarde made iÌ„ y â— particioÌ„ but oÌ„ly consideration had that the parts them selues be equal indifferent 12 And then let the eldest brother haue y â— first thoyse and the others afterwarde accordinge to their degrée 13 Likewise of houses which shal bee founde in such messuages let them be departed amongst the heires by equall portyons that is to wéete by foote if néede be Sauinge the Couert of the Astre which shal remain to the yongest sonne or daughter as is beforesaid Soe neuerthelesse that y â— yongest make reasonable amends to his parceners for the part which to them belongeth by the awarde of good men 14 And of the aforesayd tenements whereof one onely suit mas wont to be made before time be there not by reason of y â— particion but one sole suit made as it was before accustomed but yet let all the parceners make contribution to y â— parcener which maketh y â— sint for them 15 In like sortlet y â— goods of Gauelkind persons be parted into thrée partes after the funerals and y â— debts payed if there bée lawful issu on liue so y t y e dead haue one part his lawfull sonnes doughters an other part
curtesy of Englande is there where a man taketh a wife inheritrix and they haue issu a soÌ„ne or daughter and the wife dieth whether y e issue be deade or a liue y e husbande shal hold this laÌ„d for terme of his life by the curtesie of England and by y e law And in this case the fée and the right remaineth in the person of hym of whome he holdeth And for that this tenant may not alien in fée nor for terme of anothers lyfe and if he doe it is lawful to him in the reuersion to enter Fee simple ¶ To holde in fee simple is to holde to any man or woman to him and to his heires and to his assignes for euermore Franke tenure ¶ To hold in frée hold is to holde for terme of his own life or for term of an other mannes life And in this case the fée the right remaineth in y â— person of him of whom he holdeth And for that this tenaÌ„t may not alieÌ„ iÌ„ fée nor for term of life And if he doe it is well lawful to him in whom the fée and the right abydeth to enter Dower ¶ To hold in dower is where a man inherit taketh a wife and dieth y e heire shal enter and endowe the wife of y e third part of al that that was to her husbande in hys life in fée simple or fée taile and shée shall holde these landes for terme of her life as her frée holde Terme dans ¶ To holde for terme of yeres is not but chattel iÌ„ effect for no action is mayntenable against y â— termour for the recouering of the fréehold for no fréehold is in hym A lease for terme of yeres is a chattel real and the other chattel personall al goodes which are remouable are chattelles personals Mortgage ¶ To holde in morgage is to hold for a certayne terme vpon condition y â— if the lessour pay so much money at such a day that he may enter and if not that the other shall haue a fée simple or fée tayle or frée holde And in euery case where landes or tenements be géeuen to a manfor a certaine terme vpon condition of the part of the lessor for to make y â— lessee to haue more loÌ„g time or terme if the other do not as the condition is the landes and tenementes vntyll the day that the condytion should bee done bée holden in morgage as in a deade gage ¶ And note well that if land be let to a man in morgage in fée simple or in fée tayle vpon condition that if the first lessour as is before sayd pay so much money at such a day that hée may enter if not that the lessée haue the saÌ„e estate in the lands that the lessour did him graunt at y â— â—eginnynge And if before the day assygned the lessée be disseysed he shal haue assise of nouel disseisin And in case that if the lessée take a wife die lessed before the day assigned the womaÌ„ shall bée endowed And note wel that if y e lessour after the death of the lessée pay not the mony at y â— day assigned then y â— woman shal hold her dower and the issue her heritage And in case the lessour at y e day assigned pay the money to the heire of the lessée then he may put out the woman and the heire also of all the lande first let And if a man géeue landes to an other in the tail yelding to him a certaine rent by the yeare one entre for defaut of paimeÌ„t y â— donée taketh a wife and dieth seysed the woman shal bee indowed And in case that after the rent be behind the donour may enter put out the woman and the heire also And note well that if landes bée let to a man in morgage in fée vppon condition the lessée doth alien the lessour shalbée charged to pay the money to the alienée not to the seffée as it is said Burgage ¶ To holde in burgage is to holde as if the burgeis holde of the king or of another Lord lands or tenementes yeldinge to him a certain rent by y â— yere or els there where another man then burgeis holdeth of any Lord landes or tenementes in burgage yeldinge to him a certayne rent by yeare Socage ¶ To hold in socage is to hold of any lord lands or tenements yelding to him a certaine rent by y e yeare for all maner seruices And note wel that to hold by socage is not to hold by knightes seruice nor there longeth ward mariage nor reliefe But they shal double once their rent after the death of their auncestours according to that y t they be wont to pay to their Lorde And they shall not bée ouer measure greued as it appereth in the treatyse of wards and reliefes And note well y t socage may bée sayde in thrée manners that is to say Socage in free tenure Socage in auncient tenure Socage in base tenure Socage in frée tenure is to holde fréely by certaine rent for all maner of seruices as is before sayd and of that the next kms body shall haue the ward to whom the heritage may not discend til the age of xiiii yeares that is to say if the heritage come by the part of the father they of the parte of y e mother shal haue the ward coÌ„trary wise ¶ And note wel that if the gardeine in socage do make wast he shall not bée peched of wast but hée shall yelde accompt to the heire when hée shall come to his full age of xxi yeares and looke the Statute of Marlebridge cap. xvij for thys matter Socage in auncieÌ„t tenure is that where the people in auncieÌ„t demesne helde whych vse no other wrytte to haue then the writte of ryght close which shal be determined according to the custome of the mannour and the Monstrauerunt for to discharge theÌ„ wheÌ„ their Lorde distrayneth them for to do other seruice that they ought not to do And thys writ of Monstrauerunt ought to be brought against the lord those tenants hold al by one certain seruice these bée frée tenantes of auncient demesne Socage in base tenure is where a man holdeth in auncient demesne that may not haue the monstrauerunt and for that it is called y â— base tenure ¶ To holde in fée ferme is to holde in fee simple yeldinge to the lorde the value or at the least the fourth part by yere and hée oughte to doe noe other thinge but as it is coÌ„teined in the feffemeÌ„t and hee that holdeth in fée ferme ought to doe fealty and not reliefe Franke fee. ¶ To holde in franke fée is to holde in fée simple landes pledable at the coÌ„mon lawe Base fee. ¶ To holde in fée base is to holde at the wil of the Lorde Villenage ¶ To holde in pure vyllenage is to doe al that y e Lorde wyll him commaunde ¶ The
definitiō of villenage is villein of bloude and of tenure And it is he of whome the Lord taketh redemptyon to mary his daughter to make him frée it is hée whom the lord may put out of his lāds and tenements at his wil alsoe of al his goods and cattel And note wel y t a sokmā is no pure villeine nor a villeine oweth not ward mariage nor reliefe nor to do any other seruices real And note wel that the tenure in vyllenage shall make noe frée man villeine if it be not continued sith tyme oute of mynde nor vyllayn land shal make no frée manne villeine nor frée lande shall make noe villeine frée except that the tenāt haue contynued frée sith the tyme of noe minde but a villeine shal make frée land villein by seysin or claime of y e lord And note wel that if a villain purchase certaine land take a wife alien and dieth before the claime or seysin of y e lord y e wife shalbée endowed And note wel y t in case that the lord bring a Precipe quod reddat against the alien the which voncheth to warraunt the issue of the villaine which is villeine to the Lorde hée shal haue the voucher by protestation y e Lorde may say that notwithstandinge that hee plede with his villeine yet his villeine shall not bée enfraunchised And note well that a bastarde shall neuer bee iudged bylleyne but by knowledge in court of recorde And note well that if det be due by a Lord to a free man and he maketh two men his executours the which bée villeynes to the sayed Lorde and dyeth the villeines shall haue an actyon of dette agaynst their Lorde notwythstandinge that he plede with them And if he make protestation they shall not bée for so much enfraunchised for that that they be to recouer the dette aforesaid to the vse of an other person that is to say to the vse of their testatour and not to their owne vse And if the tenāt in dower haue a villeine which purchaseth certaine land in fee and after the tenaunt in dower entreth shée shal haue the land to her to her heires for euer more the same lawe is of tenaunt for terme of yeres of a villein And note wel that the Lorde may roble his villain bete and chastice at his wil saue onely that he may not maime him for then he shal haue appell of mayme agaynste him ¶ And note well that a villaine may haue iij. actions against his lorde y t is to say appel of death of his aunce stour appel of rape don to his wife appel of maime And note well if two parceners bring a writ of Nyefe one of thē be nonsute the nonsuite of hym shalbée iudged y t consuit of them both soe that if the non-suite be after apparance they shalbée put oute from that actiō for euer for the lawe is such in fauour of liberty And note well if two haue a vylleine in comen one of them make to him a manumission he shal not be made frée against both And note wel that in a writ de Natiuo habendo it behoueth that the lorde shewe howe hee cōmeth priuy of the bloode of the villeine of whome hée is Lorde c. And if hée nor none of hys auncestours were not seysed of none of hys blood he shall not wynne by his action if y ◠villein haue not knowledged in court of record him selfe to bée his villein And note wel that in a writ of Niefe may not be put more niefes then ij this was first brought in in y ◠hatred of bondage But in a writ de Libertate probanda may bée put as manye nyefes as the plaintife will ¶ And note well that if the vylleyne of a Lorde bée in auncien demesne of y e king or other towne priuileged within a yere and a day the lorde may seise him and if he dwel in the same towne or other place fraunchised by a yere and a daye without seisin of the Lord he hath noe power to seyse him after if hée goe not in estraie out of the foresaid fraunches Taile ¶ To hold in the taile is where a man holdeth certaine lāds or tenements to him and to his heires of hys body béegotten And note wel that if y ◠land be géeuen to a man and to his heires males and hée hath issue male hee hath fée simple and that was adiudged in y e parliament of our Lord the kynge But where landes or tenementes bée géeuen to a man and to his heirs males of his body begotten then hée hath fée tayle and the issue female shal not bée enheritable as it appereth the xiiii yere of Edward the third in assise Taile apres possibilitie ¶ To hold in the taile after possibilitie of issue extinct is where lād is geuē to a mā to his wife to the heires of their ii bodyes ingendred and one of them ouerlyueth the other wythout issue betwéene them béegotten hée shall holde the lande for terme of hys owne life as tenaunt in the taile after possibilitie of issue extinct And not withstanding that he do wast he shal neuer be impeched of that wast And note that if hée alien hée in the reuersion shal not haue a writte of entre in consimili casu But hée may enter and hys entre is lawfull per Robertum Thorpe chiefe Justice Frankmariage ¶ To holde in frankemariage is to holde in the seconde tayle lymit in the statute of Westminster seconde cap. 1. And the feoffour shal acquite y ◠feoffée of al maner of seruices vnto y e 5. degrée be past and y e feffour shal do all the seruice and suites duringe y e sayde terme And after the heires of the feoffée shall doe it for that that the priuitie of bloud is past And if hée bée distrained for seruyce hée shal haue a writ of Mesne agaīst him supposing that he held the lands of him but he shal not haue the foreiudgement if it be not in aduauntage of his issues And note well that after the fowerth degrée be past he shall bee attendaunt of as much seruice to the donour as the donour is attendant to the Lord paramount And if hée do felony for which he is attaint the king shal haue his lands for terme of his life naturall And after hys death hys issue shal inheryte as by force of the tayle And in this case none shall haue hys lands by way of eschete no more then in any other taile And in case that the tenant die without heire of hys body begotten the lande shall reuert to the donour as it shoulde in the common tayle And if a manne let his land to another in franke mariage yeldynge to hym a certayne rent by yeare hée shall hold this land in the common tayle and not in frankemariage for by the rent reserued these woordes
fouÌ„d then y â— reconisée may haue a writ of the chauncery which is called Extendi sacias direct to al shirifs where hée hath landes to extende hys landes and goods to deliuer y e goods to him and to seise him in hys landes to holde them to him and to hys heires and his assignes til that the debts be leuied or payed and for that tyme hée is tenaunt by statut merchaunt And note wei that in a statute merchaunt the reconisée shall haue executyon of al the landes which the reconisour hadde the daye of the reconisaunce made and any tyme after by force of the same estatute And note well that when any waste or destruction is made by the reconisée his executors or by him that hath estate the reconisour or his executours shal haue the same lawe as is before sayd of the tenant by Elegit And note wel if the tenaunt by statut merchaunt holde ouer hys terme he that hath right maye sue against him a venire facias ad computandum or els enter by by as vppon tenaunt by Elegit ¶ There be thrée maner ofrents that is to saye rent seruice rent charge and rent secke Rent seruice is where a manne holdeth of an other by fealtie and for to doe suit to his court and yelding to him a certaine rent by the yere for all manner of seruices ¶ And note wel that if the Lorde be seised of the seruice rent before said they be behinde and he distraine and the tenant rescue the dystresse hée may haue Assyse or a writte of rescous but it is more necessarye for hym to haue assyse then a writ of rescous for that by assise he shal recouer his rent his damages but by a writte of Rescous hée shall not recouer but the thynge and the dammages ¶ And note well that if the lorde be not seysed of the rent and seruyce and they bée behynde and hee dystrayne for them and the tenaunt take againe the distresse hee shall not haue assise but a wrytte of Rescous aud shal not néede to shewe bys right And note wel that if the Lord distreine his tenaunt in socage for knights seruice whiche is not denyed him auowe for y â— same seruice in court of record he shal be charged by the same seruice by Fynch termino Hillarij Anno xlvj And note well y â— if the Lord may not find a distresse by two yeare hée shal haue against the tenaunt a writte of Cessauit per biennium as â–ª it appereth by the statute of Westm 2. cd 21. And if the tenant dye in the meane time and his issue enter the Lord shal haue against the issue a writ of entre vpoÌ„ y â— Cessauit or if the tenaunt alien y â— lord shall haue against the alienée the foresayd writte But if the Lorde haue issue and dye and the tenaunt bée in arrerages of the sayde rent and seruice in the time of the father of the issue not in the time of the issue he may not distrain for y â— arrerages in y â— time of his father and hee shal haue none other recouery agaynst the tenaunt or any other for that that such aduantage is géeuen by the lawe to the tenaunt And note well that rent seruice is that to the which belongeth fealtie but to rent charge rent seck belongeth not fealtie but it belongeth to reÌ„t seruyce of common right Rent charge Rent charge is where a man grauÌ„teth certaine rent going out of hys lands or tenemeÌ„ts to another in fée simple or in fée taile or for terme of life by déede vpoÌ„ condition y t at what time the rent bée beÌ„ehinde it shall bèe wel lawefull to the grauntée to hys heires or assygnes or distrayne in the same laÌ„ds or tenementes And note wel that if the rent be behind it is wel lawful to the grauntée at his election to haue a writte of annuiâ—y or els he may distraine and if the distresse bée taken agaynst his will from him and he was neuer seised béefore he hath noe recouery but by writ of Rescous for y e distresse first taken geueth not to him seysin onely if hee haâ— the rent beefore for if he were seysed of the rent before and after the rent bée behind and hée dystraine rescous to hym bée made hee shall haue assise or a writte of rescous And note wel that in euery assise of reÌ„t charge and annuell rent or in a wrytte of annuitie it béehoueth to him that bringeth the writte to shewe forth an especialty or els he shall not maintaine the assise but in a Mordauncestour or formedon in the discender or other writs in the which title is geuen or comprised brought of rent charge or annuell rent it néedeth not to shewe especialtie And note well that if a maÌ„ grauÌ„t a reÌ„t charge to an other y â— grauntée purchase the halfe of the land whereof the rent is going out all the rent is extinct and if the grauntée release to the grauntour parcell of the rent yet al the rent is not extinct But in reÌ„t seruice the lawe is otherwyse for notwithstandinge y â— y â— Lorde hath purchased y â— halfe of y â— laÌ„d wherof y â— rent is going out yet y â— rent is not extinct but for the halfe the cause of the diuersity is that rent seruice may bée seuered to one portion but not rent charge And note wel that if rent charge be graunted to two ioyntly and the one release yet the other shall haue the halfe of the rent And also if one purchase the halfe of the lande whereof the rent is goyng out the other shall haue the halfe of the rent of hys companion And if the disseysour charge y â— land to a straunger and the disseisie bringe an assise and recouer the charge is defeated But if hée that hath right charge the lande and a straunger faine a false action against him recouer by defaut the charge abydeth And note wel that in case that purparty bée béetwéene two parceners and more land bée allotted to one then to the other and shée that hath more of the lande chargeth her land to the other and shée happeth the rent shée shal mainteyne assyse without especialty And if y â— grauÌ„tée haue in fée simple or in fée tayle and hath issue and dieth if the issue bringe a formedon or assise of mordauncester hée shall neuer bée charged to shewe an especialty Rent secke Rent secke is where a man holdeth of me by homage fealty other seruice yeldyng to mée a certaine rent by y e yere and I graunt this rent to another reseruinge to mée the seruice And note wel that in rent seck if a man be seised of the rent and the rent bée behind hée may not dystrayne but hee shall haue assise of nouel disseisin And note well that if rent secke be graunted to a manne and to hys heires and the
rent bée béehind and the grauntour dye the heire may not distrayne nor shal recouer the arrerages of the tyme of his father as it is before said of reÌ„t seruice And in the same maner it is to say of rent charge or annuel rent But in al these rentes before said the heire may haue for the arrerages in his owne time such aduauntage as hys father had in his life And note well that in rent secke if a manne bée not seysed of the rent and it bée behind hée is without recouery for that that it was his owne folly at the beginning when the rent was graunted to hym or reserued that hée tooke not seysin of the rent as a peny or two pence And note well that a manne may not haue a Cessauit ê‘ biennium or another writte of entre sur Cessauit for no rent secke béehynd by ii yeares but onely for rent seruice as it appeareth in the statute ¶ And note well that in reÌ„t secke it behoueth him that sueth for y â— rent seck for to shewe a déede to y e tenaunt or els the tenaÌ„t shal not be charged with the rent but where the rent secke was rent seruice before as in thys case lord mesne and tenaunt and euerie of theÌ„ holdeth of other by homage and fealtie and the tenant of the mesne x. s. of rent the lorde paramouÌ„t purchaseth y â— lands or tenementes of the tenaunt all the seignâ—orye of the mesne but the rent is extinict And for this cause thys rent is béecome rent secke and the rent seruyce chaunged for hée maye not dystrayne for thys rent and in this case hée that demanudethe the rent shal neuer be charged to shewe a déede Also in a writte of mordauncestour ayel or besayle of rent secke it néedeth not to shewe a specyaltie for that these writtes of possession doe comprehende a tytle wythin theÌ„ selues that is to say that the auncestour was seysed of the same rent and continued hys possession by cause of which seysine the lawe supposeth that it is alsoe auerrable by the countreye yet learne for some suppose that it béehoueth of necessity to shewe forthe a déede for that that rent secke is a thinge against coÌ„mon right as wel as rent charge But in assise of nouel disseisin and in a writte of entre sur disseisin brought of rent secke it béehoueth of necessitie to shewe forth a déede for that that rent secke is a thinge against a common right except in the case before sayed where it was rent seruice before And assise of nouel dysseisin a writte of entre sur disseisine conteygne within them no title but suppose a disseisine to be done to y â— plaintife of y â— entendement of the lawe the disseisin géeueth noe cause of auermeÌ„t against commen right but of necesâ—itye it behoueth to shewe forth a déede Suit seruice ¶ Suit seruice is to come to the court from thrée wéekes to thrée wéekes by the whole yere and for that a man shabe distrayned not amerced Suit real is to come to y â— court of léete and that is not but two times in the yere and for that a man shalbée amerced and not distrained Termes of the lawe ¶ Abatement de brief ou plaint ABatemeÌ„t de br'ou plaint est quaÌ„t vn accion est port perbr ' ou plaint en que faut suffic ' et bone matter ou autermeÌ„t le matt â–ª all' nest certeinemeÌ„t alledge ou si le pl ' ou defendant ou lieu soÌ„t misnosme ou sil appt variance â—enter le br ' et le specialtie ou record ou qÌ„ le brief ou declaration souÌ„t vncerteine ou pur mort del pl ' ou def et purdiuÌ„s aut's seÌ„blable causes qÌ„ux ieo omise de purâ— car de cÌ„ solemÌ„t vn poet faire vn graÌ„d discourse et ieo det'mÌ„ de satisfier vous boÌ„ frieâ—â—â—â—ich â—â—bnÌ„ q'ieo poy ouâ—cy moult breuit ' et cy petit troubl â–ª a moy mesme coÌ„c ieo poy doÌ„ques sur ceux defautes le def poet prie qÌ„le br ' ou plaint abatera ceÌ„ adire que le suite del pl ' enuers luy cessera pur cest temps et que il coÌ„meÌ„cer a auter temps son fuit et port ' vn nouel brief ou plaint sil soit issint dispose a faire Abatement en terres ABatement en terres ou tenÌ„tes est quant vn hoÌ„e morust seisie de terres ou tenemeÌ„ts vn estranger cest adire vn que nad droit entra en mÌ„s les terres ou tenÌ„ts deuant que le heire fayt son entrie cest entrie de le estrauÌ„ger est appel vn abatemeÌ„t et il vn abator Mes si le heire enter primes apres le mort de soÌ„ auÌ„cestour et le estraÌ„ger enter sur le possession del heire cest entrie de le estranger est vn disseisin al heire Abbe ABbe fuit le soueraignÌ„ hed ou principal de ceux measons de papish religioÌ„ qÌ„ux quant ils fuerent fuerent appel abbeis et cest abbe enseble oue les moignes d' mesme le meason queux fueront appel le couent fouÌ„t vn corporation Abbettours ABbettors souÌ„t en diuers cases diuÌ„semeÌ„t prise vn kynd de Abbettours soÌ„t ceux qÌ„ maliciousmeÌ„t sauns dr'turel caÌ„e ou desert procur ' aut's de suer faux appeals d' murd ' ou felony enuÌ„s hoÌ„es al entent de troubler greeuer eux pur faire eux en infamy slauÌ„der Abbettors en murder sont ceux qÌ„ coÌ„maund procure councel ou comfort auters de murder Et en ascuÌ„ case tiels Abbett ' serroÌ„t prises coÌ„e principals et en ascun case forsque coÌ„e accessories Issint en auter felonies et lour pÌ„seÌ„ce a le chose fait ou lour absence de la fayt vn difference en le case Il y ad Abbettoures auxi en treason mes ils souÌ„t en case come principals car eÌ„ tres il ny ad ascÌ„ accessories Abeyance Abeyance est quaÌ„tvn leas est fait pur terme de vie le remaind ' al droit hr's de I. S. le qÌ„l I. S. est en vie al temps del grant Ore ceÌ„ graÌ„t de rem ' passa hors del grauÌ„t ' maintenaÌ„t vnc ' il ne vesta maintenaÌ„t ne prist effect en le grauÌ„tee ceÌ„ adire le dr ' heire de I. S. mes est dit deste en abeiance ou coÌ„e les Logitiens appel ceo in potencia ou in Intellectu et come nous diomê° in nubibê° ceÌ„ a scauoier en le consideration d' le ley Que fi I. S. morust relinquens vn dr ' heire en vie et viuans le lessee pur vie don'que ceo est vn bon rem ' et a ore vest et vient en le dit droit heire eÌ„ tiel sort que il poit grauÌ„t forfait ou auterment dyspose ceo et cessa deste ore en abeiance
these accions there bee an infintts number but one for example is when anie of the Jurye that are impanelled and sworne to passe betwéene party and partye indifferentlye do take any thing of the one side or other or of both parties to say their verdicts at that side Then any man that will within the yeare nexte followynge the offence made maye sue a writte called Decies tantum agaynst hym or them that so did take to geeue their verdicte and because that this accyon is not géeuen one man speciallye but generally to the Queenes people that wyll sue it is called an accyon populer Actions Reals ACtions Reals bée such actyons whereby the demaundaunt claymethe tytle to any landes ortenementes rentes or coÌ„mon in fée simple fée taile or for terme of life Accorde ACcordeis an agréement betwéene ij at the least eyther to satysfie an offence that the one hath made to the other Or else it is a contracte wyth dyuers articles to bée done some on the one part and some on the other where there shalbée one thinge for an other c. The first is when a man hath done a trespas or such like vnto an other for which hee hath agréed with him satysfyed and contented him with some recompence alredie executed and done in déede And béecause that this recoÌ„pence is a full satisfactyon for the offence it shalbée a good barre in y e lawe if the other shoulde sue agayne any actyon for the same trespas The other is when as I. S. letteth a chamber for yeares to H. G. and it is farder agréed béetwéene them that the sayde H. G. shalbée at Boorde with the sayde I. S. and shal for the same chamber and Boorde paie to the sayde I. S. a certen some c. this is a contract and accorde with articles on both sides ¶ Acquital ACquital is where there is lord mesne tenant the tenant holdeth of the mesne certein lands or tenemeÌ„ts in fraÌ„kalmoigne frankemariage or such lyke and the mesne holdeth ouer also of the Lord paramount or aboue him Nowe ought the mesne to acquite or discharge y â— tenant of al and euery maner of seruice y â— any other would haue or demaund of hym concerninge the same lands or tenementes for that the tenant must doe his seruice to the mesne onely not to diuers lords for oÌ„e tenement or parcell of lande The saÌ„e lawe is wherthere is lord mesne tenant as aforesayd and the mesne graunted to the tenaÌ„t vpon the tenure made betwene theÌ„ to acquite and dyscharge him of al rentes seruyces and such like This dyscharge is called acquitall Acquitance ACquitaunce is a discharge in writinge of a summe of money or other duetie which ought to be payde or don As if one be bound to pay money vpon an obligation or rent reserued vppon a lease or such like and the party to whom the money or duety should bée payed or don vppon the resceit thereof or vpon other agreement betwene them had maketh a writing or bill of his hand in discharge thereof witnessing that he is payed or otherwise conteÌ„ted and therefore doth acquite discharge him of y e same which acquitance is such a discharge and barre in the lawe that hée cannot demauÌ„d recouer that suÌ„me or duety againe coÌ„trary thereunto if he can shew the acquitance Additions ADdition is that that is geuen vnto a man but chiefely to the defendant in accions where proces of outlawrie doe lie as in det and such like ouer and besides his proper name and sirname that is to say to show of what estate or degree or mistery hee is and of what Towne or Hamlet or Countie Additions of Estate ar these yeoman Gentleman Esquire such like Additions of degree are those that wee call names of dignitie as Knight Earle Marques and Duke Additions of mistery are such Scriuener Printer Mason Carpenter Tayler Smith so al other of like nature for mistery is the craft or occupatioÌ„ wherby a man getteth hys liuinge Addicions of townes as Sale Dale and such and so of the rest And where a maÌ„ hath houshold in ii places hee shal be said dwelliÌ„g iÌ„ both of them so y t his addicion in one of theÌ„ doth suffise And this was ordayned by a statute made in the first yeare of H. 5. cap. 5. to the intent that one man should not bée gréeued nor troubled by the vtlary of an other but that by reason of the certein addicion euery man might bée certeinly knowne and beare his owne burden Adiournement ADiournement is wheÌ„ any court is dissolued and determined and assigned to be kept againe at an other place or time Administratour ADministratour is he to whoÌ„ the ordinary coÌ„mitteth thadministration of y â— goods of a dead man for defaut of an executour an accioÌ„ shal lie against him and for him as for an executour he shal be charged to the value of the goods of y â— dead man no further if it bée not by his own false plée or for that that hee hath wasted the goodes of the dead but if thadministratour die his executours be not Administrators but it behoueth the Ordinary to commit a newe administration but if a strauÌ„ger that is not administratour nor executoure take the goodes of the dead and minister of his owne wrong hée shal be charged â—ued as an executour not as administratour in any accioÌ„ that is brought against hym by any creditour But if y t ordinary make a letter ad colligeÌ„duÌ„ bona defuÌ„cti he that hath such a letter is not Administratour but the accion lieth against the Ordinary as wel as if he toke y t goods to his owne hande or by the hande of any of hys seruauntes by any other commaundement Actes ACtes of parliament are positiue lawes which consyst of two partes that is to say of y â— words of y â— act and of the sense thereof they both ioined together make the lawe Admiral ADmirall is an officer vnder the Quéene that hath aucthoritie vpon the sea onely to sée the nauie repaired mainteined to suppresse and chasé away robbers and rouers and to deale in matters betwene party and party concerninge thinges done there and for that purpose hath hys court called the Admirally yet he may cause his Citation to be serued vpon the land and take the parties body or goodes in execution vpon the land Also he hath cognisaÌ„ce of the death or mayhem of a maÌ„ coÌ„mitted i any great ship fléetinge in great riuers in the land benethe the bridges of the same next the sea also to arrest ships in y â— great streames for y â— viages of y â— Quéene Realme hath iurisdiccioÌ„ in y â— said streames during the same viages Aduowson ADuowson is where a man and his heires haue right to preseÌ„t their Clerke to the ordinarie to a personage or other spiritual benefice when it becoÌ„meth boide And hée that hath such
alien being none of y â— Queenes enemies but am alien frend come dwel here in England and haue issue this issue is no alien but English so if an English man go ouer the Seas with the Quéenes licence there hath issue this issue is noe Alien Alienation ALienatioÌ„ is as much to say as to make a thing an other mans to alter or put the possession of land or other thing froÌ„ one man to an other Ambidexter AMbidexter is he that when a matter is in suite betwéene men taketh money of y â— one side of the other either to la bour the suit or such like or if he be of the iury to say his verdict Amendment AMendment is when errour is in the processe the Justices may a mend it after iudgment But if there be errour iâ— geuing of iudgment they may not amend it but y â— partie is put to his writ of error And in many cases where the defaut appereth in the clarke y â— writeth the Record it shal be amended but such things as come by Information of the partie as the towne mistery â–ª and such like shal not bée amended for he must informe true vpoÌ„ his peril Amercement AMercement most properly is that in a court Baron Leete or Law-day which in a court of Record before Justices is called a fine And is a penalty assessed by the homage for an offence doneagaist y â— same court as for lake of suit of court or for not amendinge of some thinge that he was appointed to redresse by a certeyne tyme at the last court day béefore or for such like cause Amercement Royal. AMercement Royal is when a sherife coroner or other such officer of y â— Quéene is amerced by the Justices for his abuse in the office An iour et wast AN iour et wast is a forfaiture wheÌ„ a maÌ„ hath coÌ„mitted petit Treason or felony hath landes which he holdeth of some comon person which shal be seised for the Quéene remaine in her handes by the space of one yere a day next after y â— attainder then the trées shal be digged vp the houses shal bee rased and pulled downe the pastures medows eared plowed vp a thinge the more to gréeue the offendors and terrefy others to fal into the like in shewing how the lawe doth detest their offence so farre foorth as that it doth execute iudgment punishment euen vpon their dome dead thinges Annuitie ANnuitie is a certeine suÌ„me of money graunted to an other in fee simple fâ—e taile for terme of life or for terme of yeres to receiue of the grauÌ„tor or his heires so that noe fréehold is charged therewith Appell APpell is where one hathdon murder robery or felonye then the wife of him that is slaine shal haue an accion of appeale against the murderer but if he haue noe wife then his next heire male shall haue the appeale at any time within the yere and day after y e déede And also he that is so robbed shall haue hys appeale with in y e same time And if the defeÌ„dant be acquited he shall recouer dammages agaynst the appellour thabettours and they shal haue thenprisonmeÌ„t of a yere shal make fine to y e kiÌ„g An appeale of mayhem is in maner but an accioÌ„ of trespas for he shal recouer but damages Appellant APpellant is y e plaintife in the appel Appellor APpellor or approuer is he who hath committed soÌ„e felony which he confesseth and nowe appelleth or approueth that is to say accuseth other that were coadintours or helpers w e him in doing the same or other felonies which thiÌ„g he wil approue therefore is called iÌ„ latin Probator Appendant et AppurtenaÌ„t APpendaÌ„t et appurtenÌ„t are things y e by time of prescripcioÌ„ haue beloÌ„ged pertained and are ioyned to an other principal thiÌ„g with which they passe goe as accessary to the same principal thing by vertue of these wordes Pertinencijs As laÌ„d aduowsoÌ„s ComoÌ„s Piscaries waies courts and diuers such like to a maner house office or such other Apportionment APporcionment is a deuiding into partes of a rent which is deuidable and not entier or whole and for so much as the thinge for which or of which it was to be paied is seperated and deuided the rent also shal be deuided hauing respect to the partes As if a man haue a rent seruice issuing out of lands and hâ—e purchaseth parcel of the land the rent shal be apporcioned according to the value of the land So if a man holde his lande of an other by Homage Fealtie Escuage and certeine rent if the Lorde of whome the lande is holden purchase parcel of the lande the rente shalbée apporcioned Also if a man let lands and goodes for yeares reseruinge rent and after a straÌ„ger recouereth the lande then the rent shalbée apportioned because the goodes are not recouered but remayne And soe it is if but part of the lande bée recouered the rent shalbée apportioned that is to say deuided and the lessée shal pay hauinge respect to y t which is recouered and to that which yet remaynes in hys handes accordinge to the value But a rent charge câ—not bee apportioned nor thinges that are entier as if one holde landes by seruice to paye to his Lorde yearelie at such a feaste a Horse a Hauke a Rose a Cherie or such lyke There if the Lorde purchase parcell of the lande that seruyce is gone altogether béecause a Horse a Hauke a Rose a Cherye and such other cannot bée deuided seuered nor apporcioned without hurt to the hole Appropriations APpropriatyons were when those houses of the Roomishe religion and those religious persons as Abbots Priours and such like had y â— aduowson of any personage to theÌ„ and to their successours and obtayned lycence of their holy father the Pope that they them selues and their successoures from thence foorth shoulde bée personnes there and serue the cure And so at the beginninge appropriations were made onely to those personnes spiritual that coulde minister the sacramentes and saye deuine seruice as Abbotes Pâ—â—oures Deanes such like after by lytle and litle they were enlarged and made to other as namelye to a Deane and Chapter which is a body corporate consisting of manye which bodye together coulde not say deuine seruice and what more was to Nunnes that were Prioresses of some Nunry which was a wicked thinge in soe much as they coulde neyther minister sacrameÌ„ts nor preach nor saye deuine seruice to y â— parishioners And al this was vppon pretence of hospitalitye and mayntenaunce thereof And to supply these defects a vicar was deuised whoe should be deputy to y e prioresse or to the Deane and chapter and also at the last to the sayed Abbots and others to say deuine seruice and should haue for his labor but a litle portion and they to whome the appropryation was made should retayne the great reuenues and they
I. S. by his wil all hys lands and tenementes here not onely all those landes y â— he hath in poss doe passe but also those that he hath the reuersion of by vertue of these wordes tenements â–ª 〈…〉 â—e deuiâ—ed to a man to haue to him for euermore or to haue to hiÌ„ his assignes in these ii cases y e deuisée shal haue a fée sâ—ple But if it be geuen by feoffement in such maner hée hath but an estate for terme of life Also if a man deuyse his land to an other to giue sel or doe therwith at his pleasure or wyll this is fée simple A deuise made to one to his heires males doth make an estate taile but if such words be put in a déede of feoffement it shalbée taken in fée simple because it doth it doth not appere of what bodye the heires males shal be begotten If lands be gyuen by déede to I. S. and to the heires males of his body c. whoe hath issue a daughter whoe hath issue a sonne and dieth there the land shall returne to the donour and the sonne of the daughter shall not haue it because hée cannot conuey himself by heires males for his mother is a let thereto But otherwise it is of such a deuise for there y e son of y e daughter shall haue it rather theÌ„ y â— wil shal be voyd If one deuise to an infant in his mothers belly it is a good deuise otherwyse it is by feoffement graunt or gift for in those cases there ought to be one of hability to take presently or otherwise it is voide A deuise made in fee simple without expresse wordes of heires is good in fee simple But if a deuise be to I. N. hée shall haue the land but for terme of life for those words wil cary noe gerater estate If one wil y â— his sonne I. shal haue his land after the death of his wife here the wife of the deuisour shal haue the lande first for terme of her life Soe likewise if a man deuise his goodes to his wife and that after the decease of his wife his sonne and heire shal haue the house where y â— goods are there the sonne shal not haue the house during the life of the wife for it doth appere y â— his inteÌ„t was that his wife should haue the house also for terme of her lyfe notwithstandiÌ„g it were not deuised to her by expresse words If a deuise be to I. N. and to y â— heires females of his body begotten after the deuisée hath issue a sonne and a daughter and dieth here y e daughter shal haue the land not the sonne yet he is the most worthy persoÌ„ and heire to his father but because the wyll of the dead is that the daughter should haue itlawe and conscience wil so also And herein the very hethens were precyse as appereth by these verses of Octauius Augustus whych Donatus reporteth he made after that Uirgil at hys death gaue commaundement that hys bookes shoulde bée burnt béecause they were vnperfite and yet some perswaded that they shoulde bée saued as in deede they very happely were to whom hée auÌ„swered thus But faith of lawes must nedes be kept and what last wil doth say what it doth coÌ„mauÌ„d be done y â— néedes we must obey Discent DIscent is in ij sorts eyther linial or collateral Linial discent is wheÌ„ the discent is conueied in y â— same line of the whole bloode as Grandfather father sonne sonns soÌ„ne so downwarde Collateral discent is out in an other braunch from aboue of y â— who le bloode as the graund fathers bro. fathers brother soe downewarde Disclaimer DIsclaimer is where the Lorde dystraineth his tenaunt and hée sueth a repleuin the lord auoweth the takinge by reason that he holdeth of him if the tenaunt say that hée dysclaimeth to holde of him this is called a dysclaimer and if y â— lorde thereuppon bringe a writ of right sur dysclaimer it be founde against the tenant he shal lose the land Tithes TIthes are in thrée sortes deuyded to wit Preiudicial tithes Parsonal tythes and Mixt tithes Predial tithes are tithes that bée payed of thinges that come of the grouÌ„d onely as Corne Haye fruits of Trées such like Parsonal tythes are tithes that bee payed of such profits as come by the labour and industrie of a mans person as by buyinge sellinge gaines of marchandise and of handicraftes men laborers and such as woorke for hyer as Carpenters Masons and such like Myxt tythes are the tithes of Calues Lambs Pigges and such lyke that encrease partlye of the grounde that they be fedde vppon and partlie Disseisin vppon disseisin DIsseisin vppon disseysin is when the disseisor is disseised by an other Disseisor and disseisee DIsseysoure â–ª is hée which putteth anye manne out of his lande without order of y â— lawe disseisee is hée that is so put out Distresse DIstresse is the thinge which is taken dystrayned vpon any lande for rent beehinde or other duty or for hurt don although that the propertie of the thinge béelongeth to a straunger but if they be beasts that belong to a stranger it behoueth that they bée leuant and couchant vppon the same ground y â— is to say that the beasts haue ben vpon y â— ground by certaine space y â— they haue themselfe well rested there or els they bée not distrainable And if one distraine for rent or other thynge without cause lawfull then the party gréeued shall haue a repleuin vppon suertie found to pursue his accion and shal haue y â— distresse to hym deliuered againe But there bée diuers thinges which bée not distrainable y â— is to say an other mans gowne in the house of a tayler or cloth in the house of a fuller sheremaÌ„ or weyuer for that that they be commen artificers and that the coÌ„mon presuÌ„ption is that such thinges belong not to the artificer but to other persons which put them there to be wrought Also vitaile is not distrainable nor corne in sheues but if they be in a carte for that that a distresse ought to bée alway of such thynges wherof the sherife may make Repleuin and deliuer againe in as good case as it was at the time of the taking A manne may dystrayne for homage fealtie and escuage other seruyces for fynes and amercements which bée assessed in a léete but not in a court baron and also for dammage fesaunt that is to say when hée findeth the beastes or goods of an other doing hurt or cumbringe hys grouÌ„d But a man may not distraine for any reÌ„t or thing due for any laÌ„d but vpon the same lande y t is charged therewith but in case where I coÌ„e to distraine the other séeing my purpose chaseth the beastes or bereth the thing out to the intent y â— I shal not take it for a distresse vpon the ground theÌ„ I
vntyll at the last and that chiefely in the time of Kinge Henry the first by agréement the reseruation of victuals was turned into redy mony so hitherto hath coÌ„tinued amonge most men Fee farme FEe farme is when a tenaunt holdeth of his lorde in fee simple payinge to him the value of halfe or of the third or of the fowerth part or of other part of the lande by the yere And he that holdeth by fée ferme ought to doe noe other thinge then is conteyned in the feoffement but onely fealtie for that belongeth to al kinde of tenures Feoffement FEoffement is where a maÌ„ geueth lands to an other in fee simple and deliuereth seiuÌ„n and possession orthe land that is a feffement Feoffor et feffee FEoffor is hée that infeffeth or maketh a feoffement to an other of landes or tenements in fée simple And feoffee is he who is infeffed or to whoÌ„ y â— feffement is so made Fireboote FIreboote is necessarye woode to burne which by the common lawe lessâ—e for yeares or for lyfe may take in hys grounde although it be not expressed in his leaseâ— and although it be a leas by woorde onely without writinge But yâ— sake more then is néedefull he shalbée punished in wast Fledwite FLedwite that is to be quite from amercements when an outlawed fugitiue coÌ„meth to the kinges peace of hys owne will or beinge licenced Flemeswite FLemeswit that is y â— you may haue the cattel or amercementes of your man or fugitiue Fletwie Fletwit or Flitwit that is to bée quit froÌ„ contention and conuiets and that you may haue plea therof in your court the amercements for Flit in english is Tensone in french Forstal FOrstal that is to bée quite of amercemeÌ„ts cattelles arrested w tin your lande the amercements therof coÌ„ming Forstaller FOrstaller is hée that buieth Corne Cattel or other marchaundize whatsoeuer is salable by the way as it commeth to markets faires or such like places to bée sold to the intent that he may sel the same againe at a more high and déere price in preiudice hurt of the common welth people c. The paine for such as are conuict thereof c. is the first time amercemeÌ„t and losse of y e thing so bought the secoÌ„d time iudgment of the pillory The third tyme imprysonment and RauÌ„some The fowerth time abiuratioÌ„ of the towne c. Franches Royall FRanches Royall is wher y e Quéene graÌ„ts to one and to his heires that they shal be quit of Tolle or such like Free mariage FRée mariage is when a man seised of landes in fee simple giueth it to an other man to hys wife whoe is daughter Sister or otherwyse of kinne to y e donor in frée mariage by vertue of which words they haue an estate in special tayle and shal hold the land of the bonor quit of al maner of seruices vntill the fowerth degree bée past accomptynge themselues in the first degree except fealtie which they shal doe because it is incident to all tenures sauinge frée almes And such gift may bée made as wel after mariage solemnized as before And a man may gyue landes to his sonne in frée mariage as well as to hys daughter by the opinion of master Fitzh in hys writ of Champertie H. But it appeareth otherwise in master Litt ' and in M. Brooke ti FraÌ„kmariage P. 10. And so it was holden cléere in Graies Inne in leÌ„t An â–ª 1576. 18. El. by y e right worshipful master Rhodes then Reader there Freeholde FRéehold is an estate y t a man hath in landes or tenements or profit to bée taken in fée simple taile for terme of hys owne life or for terme of an others life And vnder that there is no frée hold for hée that hath estate for yeares or holdeth at wil hath no frée hold but they are called Chattels And of fréeholds there are ii sorts that is to say fréeholde in deede fréehold in lawe Fréehold in déede is wheÌ„ a man hath entred into lands or tenemeÌ„tes and is seysed therof really actually in déede as if the father seysed of lands or tenementes in fée simple dieth and his sonne entreth into the same as heire to his father then he hath a fréehold in déed by his entry Fréehold in lawe is wheÌ„ lands or tenemeÌ„ts are disceÌ„ded to a maÌ„ he may enter into them when he will but hath not yet made his entry in deede as in the case aforesayd if the father being seysed of lands in fée simple die seysed they disceÌ„d to his sonne but y e sonne hath not yet entred into them in déede nowe before his entrie he hath a frehold in law Freshsuit FReshsuit is wheÌ„ a maÌ„ is robbed the party so robbed followeth the felon immediatly taketh him with the manner or otherwise and then bringeth an appeale against him and doth coÌ„uince him of the felony by verdict whych thing being inquired of for the Quéene and found the party robbed shall haue restitution of his goodes agame Also it may be sayd y â— the party made freshsute although he take not the theese presently but that it be halfe a yeare or a yeare after the robbery don before he bee taken ifso bée that the partie robbed do what lyeth in him by diligent inquire search to take him yea although hée bée taken by some other body yet this shalbée sayde good freshsuit And so freshsuit is wheÌ„ the lord coÌ„meth to dystreine for rent or seruice the owner of y â— beastes doth make rescous and driueth them into other ground that is not holden of the Lord and the lord followeth presently and taketh them thys called fresh suit and so in other like cases Gager of deliuerance GAger of deliueraunce is where one sueth a repleuin of goods taken but hée hath not deliuery of the goodes and the other auoweth and the plaintife sheweth y â— the def is yet seysed c. and prayeth that the def shal gage the deliueraunce then he shal put in suerty or pledges for the deliuerance a writ shal go foorth to the sherife for to redeliuer the goods c. but if a man claime propertie hée shal not gage the deliuerance Also if he say that the beasts bée dead in the pound hée shall not gage c. Also a man shal neuer gage the deliueraunce before that they be at issue or demurrer in the lawe Warde WArde is when an infant whose auncester helde by knights seruice is in the warde or keepinge of the Lorde of whom those lands were holden And if the tenaunt holde of dyurrs Lordes diuers landes the lorde of whome the land is holden by prioritie that is to saye by the more elder tenure shall haue the wardshippe of the infant but if one tenure bée as olde as the other then hée that first happeth to haue y â— warde of the bodie shall kéepe it but in that case euery lord shal
haue the warde of y â— lande y â— is holden of him but if the tenaunt holde of the Quéene in chiefe then shée by her prerogatiue shal haue the warde of the bodie and of al the land y â— is holden of her and of euery other lorde VVarden WArden most properly is he that hath y e ward shippe or kéepinge of an heire and of land holden by knights seruice or of one of them to his owne vse duringe the nonage of the heire and within that time hath the bestowinge of the bodie of the heire in mariage at his pleasure w tout disperagment And of wardens there be ij sorts namely garden in right garden in déede Garden in right is hée that by reasoÌ„ of his sâ—ry is seised of the wardship or keepinge of the lande and of the heire duringe the nonage of the heire Garden in déede is where the lorde after his seisin as aforesaid grauÌ„teth by déede or without déede the wardshippe of the lande or of the heire or of both to an other by force of which granÌ„t the grauntée is in possess â—â—â— is y e grauntée called garden in déede And this garden in déede maye graunt the heire to an other also bâ—â— that other is not preperlye called garden in déede for that is y â— graunt tée of the garden in right onely and here you may sée Brother Nicholas what misery followeth that tenure by knightes seruyce if the tenaunt die leauinge hys heire within age howe the poore childe may bée tossed and tumbled chopped and chaunged bought sold like a Jade in Smithfild y â— more is maried to whome it pleaseth his gardeÌ„ wherof ensue many euels VV arning WArninge is when an action of detynue of charters is brought agaynst one and the defendaunt saith that the charters were delyuered to hym by the playntife and by an other vpon certaine conditioÌ„s and prayeth y â— the other may be warned to plede with the pleintife whether the conditions bée perfourmed or noe and thereuppon a writte of Scire facias shal go foorth against him And that is called warninge Gauelate GAuelate is a specyall and auncient kynd of Cessauit vsed in Kent where the Custome of Gauelkind continueth whereby the tenant shal forfeit his lands and tenementes to the lord of whom they are holden if he withdrawe froÌ„ hys Lord hys due rents and seruyces after this maner as followeth If any tenant in Gauelkind withholde hys rent hys seruices of y â— tenement which he holdeth of his lord let the Lord séeke by the award of his court froÌ„ 3. wekes to 3. wéekes to find soÌ„e distresse vppon the tenement vntill the sowerth court alwaies with witnesses And if within y â— time he can find noe distresse in that tenement whereby hee may haue i 〈…〉 of his tenaunt TheÌ„ ar y â— fowerth court let it be awarded y â— hée shall take that tenement into his hand in y â— name of a distresse as if it wer an oxe or a cowe and let him kéepe it a yere a day in his hand without manuring it w tin which terme if y â— tenant come and pay his arrerages and make reasonable ameÌ„des for y â— w tholding TheÌ„ let hi haue enioy his tenemeÌ„t as his auncest ours and hée before helde it And if he do not come before the yeare and the daye past then let the Lorde goe to the next Countye Courte with the witnesses of his owne court pronounce there thys processe to haue further witnesse by the award of his court After y â— Countye court holden hée shall enter and manure in those laÌ„ds and tenements as in his owne And if the tenant come after ward and wil rehaue his tenements holde them as he did before let him make agreement with the lorde according as it is aunciently said Hath he not since any thing geuen nor hath hée not since any thing payd TheÌ„ let him pay v. pouÌ„d for his were before he be coÌ„e t'or holder againe There be some copies y â— haue the first verse thus written Nisith yelde and nisith gelde And others thus Nighesith yelde and nighesith gelde But these differ not in signification other coppyes haue it after thys sort Nigondsith selde and nigondsith geld That is to say let him ix times pay ix times repaye Gauelkinde GAuelkinde is a custome annexed goinge with lands in Kent called Gauelkind lands holdeÌ„ by auncieÌ„t Socage tenure And is thought by the skilfull in Antiquities to be called Gauelkind of Gyue all kyn that is to say to all the kyndred in one lyne according as it is vsed among the Germans froÌ„ whom wée Englyshmen and chiefely of KeÌ„t come Or els it is called Gauelkynd of gyue all kynd that is to say to all the male children for kind in dutch signifieth a male child and dyuers other like coÌ„iectures are made by them of y e name Gauelkind which I omit of purpose for shortnesse sake because that here you looke Brother Nicholas as you desired me that I should speake som what largly concerninge other more needefull matters for your purpose which you are desirous to know as touching Gauelkind lands both because you were borne in kent also are most abiding there and therefore you think to be ignorant of y â— maners or customes of your natiue coÌ„trey were a foul shaÌ„e To satisfie your request in this I haue therefore set you here downe the auncient customes of Kent as they haue very truely carefully of late bin published with some cases vpon them gathered out of those bookes that make any mencyon hereof which will I thinke coÌ„teÌ„t your desire at ful And first you must knowe that these gauelkind customes are of good antiquytie brought in hither by y â— Saxons Intes Angles Germans from whom wée Englishmen discend as is aforesaied and were by them vsed and left here and so continued in force vntill WilliaÌ„ duke of Normandy conquered al EnglaÌ„d KeÌ„t onely excepted which he had by composition and not by conquest And in this composition the valyant Kentishmen obtained a graunt of the continuation of their customes of Gauelkynde which euer sins thei haue vsed in the same countrey and thus they are as followeth The customes of Kent THese are the vsages and customes the which the coÌ„munalty of kent claimeth to haue in the tenementes of Gauelkynd and in the men of Gauelkynd allowed in Eire béefore John of Berwike and his companions the Justices in Eire in kent y â— 21. yere of king Ed. the sonne of king Henry That is to say y â— all y â— bodies of KentishmeÌ„ be frée as well as the other frée bodies of England This things hath byn since confessed to be true as it appereth in 30. E. I. in Fitzh titulo Uillenage placiâ— 46. where it is holden sufficient for a man to auoyde the obiection of bondage to say y t hys father was borne in Kent But whether it
vsage of the countrey y â— comoÌ„ law of the Realme also whych expoundeth the word Giue to meane a feoffement which not onely disalloweth of any gyft made by an infant but also punisheth the taker in trespas vnlesse he haue it by liuery from y â— infants owne â—â—ndes as appereth in 26. H. 8. 2. 9. H. 7. 24. 18. E. 4. 2. 22. H. 6. 3. and diuers other bookes 21 And if any such tenant in Gauelkind dye and haue a wife that ouerliueth him let that wife by and by bee endowed of y â— one halfe of the tenements whereof her husband died vested and seised by y â— heires if they be of age or by the Lords if y â— heires be not of age soe that she maye haue the one halfe of those landes and tenements to holde so longe as shee kéepeth her a widowe or shal bee attainted of child birth â–ª after the auncient vsage that is to say that iâ— wâ—â— she is deliuered of childe the infant be herde cry and that the hue and 〈…〉 be raysed and the countrie assembled and haue the viewe of the childe so borne and the mother then let her loose her dower wholye â–ª and otherwise not so longe as shée holdeth her a widowe whereof it is sayed in kentish He tâ—at doth wende her Let him lende her This custoÌ„e hath bene â—llowed of by the common lawe longe tyme since as may bee reade Praerog regis cap. 16. 2. H. 3. in Fitz. t' PrescriptioÌ„ 59. c. But it is a doubt whether a womaÌ„ shal be endowed by this custoÌ„e of a possession in lawe or noe for that y â— words be of y e tenements wherof her husband died vested seised which worde vested inforceth a possession in déede and not in lawe onely And therefore if landes in Gauelkynde discend to a maried man â–ª which dyeth before hée make his entry into the same Inquire whether it be y e maner to endowe his wife thereof or noe A woman shall not bée endowed by thys custome of a bailliwike or faire or such like profitte by the oppynyon of M. Parkins fo 84. because y â— wordes of this customary dower bée terres et tenements and al customes shal find a litteral and streight interpretatioÌ„ And where she is to be endowed by this custome shée may very wel be endowed of a moytie to be holden in coÌ„mon with the heire y t eÌ„ioyeth y â— other halfe c. It is a doubt whether y â— a woman entituled to dower in gauelkind may waiue her dower of the halfe after this custome bring her accioÌ„ to be eÌ„dowed of y e 3. at y e coÌ„moÌ„ lawe so exeÌ„pt her selfe froÌ„ al daunger of y e customary conditions or no SoÌ„e haue byn of opinioÌ„ y â— she is at lybertie to take y â— oÌ„e refuse y â— other at her pleasure therefore inquire thereof c. 22 And they claime also that if a man take a wife which hath inheritaunce of Gauelkinde and the wife dieth before hym let the husbande haue the one halfe of those landes and tenements whereof she dieth seised soe longe as he holdeth him a widower without doinge any strippe or wast or banishmeÌ„t whether ther were issue betwene theÌ„ or no. And if he take another wife let him lose al. 23 And if any tenement of Gauelkinde do escheat and that escheat be to any lord which holdeth by fée of Hawberke or by Serieancie by death or by gauelate as is her after sayd or be to him reÌ„dred vp by his tenaunt which before helde it of hym by quite clayme thereof made or if his escheat bee by Gauelate as is hereafter sayd let thys land remaine to y â— heires vnpartable And this is to be vnderstood where the tenant so rendringe doth reteine no seruice to himselfe but saueth neuerthelesse to the other lords their fées fermes and the rentes wherewith the aforesaid tenementes of Gauelkynde so rendred were before charged by him or them which might charge theÌ„ To hold by fée of Hawberke or by Serieancie if it bee graund Serieancie is to holde by knightes seruyce Heahbeony in SaxoÌ„ is a high defence and the Customes of NormaÌ„dy cal y â— fiefe or fée de Haubert which oweth to defende the land by ful armes y t is by horse haubert target sworde or helme And it consisteth of 300. acres of land which is y â— same as some thinke that wée called a whole Knights fée 24 And they claime also that if any tenaunt in Gauelkinde wythholde his rent and his seruices of the tenement which he holdeth of hys lorde let the lord séeke by the awarde of his courte from iij. wekes to thrée wéekes to find some distresse vppon that tenement vntil the iiij court alwaies with witnesse And if w tin that time hée can find no distresse in y â— tenemeÌ„t wherby he may haue iustice of his tenaÌ„t theÌ„ at y â— iiij court let it be awarded that hee shall take that tenement into his hande in the name of a distresse as if it were an Oxe or acowe and let him kepe it a yeare a day in his hande without manuringe it within which terme if the tenaunt come and paye his arrerages and make reasonable amendes for the withholdinge Then let him haue and enioye his tenement as his auÌ„cestors he before helde it And if he do not coÌ„e before y â— yere y e day past theÌ„ let y â— lord go to y e next County court w t the witnesses of his owne court and pronounce there this processe to haue further witnesse And by the awarde of his court after y â— couÌ„tie court holden he shal enter manure in those landes and tenementes as in his owne demeanes And if the tenaunt come afterwarde and wil rehaue his tenements and hold them as he did before let him mak agreemeÌ„t w t y e lord according as it is auÌ„cieÌ„tly said Hath he not since any thing giuen nor hath le not since any thing paid Then let him paye fiue pound for his were beefore he becoÌ„e tenant or holder againe Some copies haue the first verses thus Let him ix times pay ix times repaye This custoÌ„e is touched by the waye by master Frowike 21. H. 7. 15. by him thought to be good but whether it be at this daye put in vre enquire further 25 Also they clayme that no manne ought to make an othe vppon a booke neither by dystresse nor by the power of the lord nor his Bailife against his will w tout y â— writ of the kynge vnlesse it bée for fealtie to be done to his Lord but onely before the Coroner or such other minister of the king y t hath Royal power to enquire of trespasse coÌ„mitted against y â— Crowne of our Lord the king 26 And they clayme y â— euery KeÌ„tishman may essoine an other either in y â— kinges court or in the county or in
pleadinge is That the landes aforesayed are of the tenure and nature of Gauelkynde euen so the truith is that the present tenure onely guideth not the dyscent but that the tenure and the nature together doe gouerne it And therefore as on the one side the custome cannot attache or take holde of that which was not béefore in nature subiect to the custome that is to saye accustomably departed So on the other syde the practise of the custome longe time continued may not bee interrupted by a bare alteration of the tenure as it was holden by the Justices Annd 4. et 5. Phi et Mary as Judge Dalison hath left reported And also as it appereth by the booke 26. H. 8. 4. where it is saied that if a man seysed of Gauelkinde land holden in Socage make a gift in taile and create a tenure in knights seruice that yet this lande must descende after the custome it did before the change of the tenure Moreouer as y â— change of the tenure cannot prenaile against thys custome Soe neyther the continuance of a contrarie vsage may alter this prescription For it is holden 16. E. 3. in Fitz. ti Prescription 52. that albeit the eldest sonne only hath and that for many discents together entred into Gauelkind laÌ„d and occupied it w tout any coÌ„tradiction of the yonger brothers that yet the lande remaineth partible betwene them when soeuer they will put to their clayme Agaynst which assertion y â— which is said 10. H. 3. in Fitzh titulo Prescription 64. namely of the issue taken thus Whether the lande were parted or no is not greatly forceable For al though it be foe that the lande were neuer parted in déede yet if it remayne partible in nature it may bee parted whensouer occasion shal bée ministred And therfore euen in the fourme of pleadinge vsed at this day That the land alwaies c. was partible and parted it is playnelie taken that the worde partible onely is of substaunce and that the worde parted is but a worde of forme and not material or trauersable at al yea so inseperable is thys custome from the lande in which it obtaineth that a contrarye dyscent contynued in the case of the Crowne it selfe cannot hinder but that after such tyme as the land shall resorte agayne to a common personne the fourmer olde custome shall gouerne it As if landes of Gauelkind nature come to the quéens haÌ„ds by purchase or by Eschete as holden of her manor of Dale nowe after her death al her sonnes shall inherite and deuide them But if they come to her by forfaiture in treason or by gift in parliament soe y â— her grace is seised of theÌ„ in right of the crowne then her eldest sonne only which shalbée kinge after her shall enioye them in which case although those laÌ„ds which the eldest sonne beinge kinge did possesse doe come to his eldest sonne after him beinge kinge also and soe from one to an other by sundrye discentes yet the oppinion of Syr Anthonye Browne was 7. Elizabeth that if at any time after the same landes be grannted to a common person they shall reuolt to their former nature of Gauelkynde and be partible amongst his heires males notwithstanding that they haue runne a contrary course in dyuers the discentes of the kings before But much lesse may the vnity of possession in the Lorde frustrate the custome of Gauelkind discent as it may appere 14. H. 4. in y â— loÌ„ge Recordare abridged by master Brooke tit Auowry 46. and tit Customes 19. Nowe followeth to bée spoken howe farre this custome extendeth it selfe within this our Countrey of Kent c. It is commonly taken that the custome of Gauelkynde is generall and spreadeth it selfe throughout the whole Shire into al lands subiect by auncient tenure vnto the same such places only excepted where it is altered by act of parliament And therefore in 5. E. 4. 18. and 14. H 4. 8. it is said that the custome of Gauelkynde is as it were a common lawe in Kent And the booke 22. E. 4. 19. affirmeth that in demaunding Gauelkind land a manne shall not néede to prescribe in certeine and to shewe that the Towne Borough or Citie where the laÌ„ds bée is an Auncyent Towne Borough or Cytie and that the custome hath byn there tyme out of mynde that the landes wythin the same Towne Borough or Citie should discend to all the heires males c. But that is sufficyentlye inough to shewe the Custome at large and to say that the land lieth in Kent and that all the landes there bée of the nature of Gauelkynd For a writ of partition of lands in Gauelkynde sayth M. Littleton shall bée as generall as if the lands were at the common lawe although the declaratyon ought specyally to contayne mencion of the Custome of the Countrey Thys vnyuersalytie consydered and also the strayte bonde whereby the custome is so inseperably knit to the land as in maner nothinge but an act of parliament canne clerely disseuer them it followeth that no place Citie Towne or Borough within this shire can bée exempt from this custome although the same hath not at any tyme byn there put in vre no more then the Eldest sonne in the case before may for the like reason prescribe agaynst his youÌ„ger Bretheren c. Thus much béeyng spoken touchynge the name tenure nature generalty and order of Gauelkynde it shall nowe bee shewed of what quality the rents remaynders actyons and such other thinges of the which some bâ—e issuing out of these laÌ„ds some bée annexed vnto them and some bée raysed by reason of them shalbée And of theÌ„ some shal ensue the nature of the land and other some shal kéepe y â— same course that common lawe hath appointed And therfore if a rent be graunted in fée out of Gauelkynde land it shal discend to all the males as the land it selfe shal do as appereth in 14. H. 8. 5. 26. H. 8. 4. 4. E. 3. But if ii iointenantes of land in Gauelkynde grant a rent charge out of that land to I. S. to his heires And I. S. dieth hauinge issue ii sonnes this reÌ„t shal not disceÌ„d to both y â— sonnes of I. S. but to the heire at the common law because that the custome is in suspence during the ioynture by the opinion of the right worshipfull Christopher Yeluerton Esquire at hys readyng in Grayes Inne in lent An. 1573. So if a tenauncy bée of Gauelkynde nature yet the rent seruyce by which it is holden may discend according to the common lawe as Ald ' Chart ' in 7. E. 3. were of opinion If a remainder of Gauelkind land bée tayled to the heires males they altogether shall inherit as Fitzherbert Norwich thought 26. H. 8. 4. But that is to bée vnderstoode of a discent onely for if landes of Gauelkynde nature be leassed for life the Remaynder to the ryght heires of John Style which hath issue
great discretiō take the helpe and opinion of some skilful Surgeon to consider thereof before they determine vpon the case Mainprise MAinprise is when a mā is arrested by capi as then the Judges may deliuer his bodie to certeine menne for to keepe and to bringe him before them at a certaine daye and these be called mainpernours and if the partye appeare not at the daye assigned the mainpernoures shal be amerced Mannour MAnnour is a thinge compounde of diuers thinges as of a house lande arrable pasture meadowe woode rent auowson court baron and such like make a manor this ought to be by longe contynuaunce of time to the contrary◠whereof mans memory cannot tel for at this day a manor cānot be made because a court baron cānot nowe be made and a manour cannot be w tout a court baron suters or fréeholders two at the least for if all the fréeholdes except one escheate to the lord or if he purchase al except one there his manor is gone for that it cannot bée a mannor without a court Baron as is aforesaid and a court baron cannot bée holden but before suters not before one suter therfore where but one fréehold or fréeholder is there cannot bée a mannour Manumission MAnumission is in ii sortes the one is a manumission expressed the other a manumissiō implyed or secreat Manumission expressed is when the Lord maketh a déed to his villen to enfraunches hym by this word Manumittere which is as much to say as to let one goe out of an other mans hands or power The manner of manumittinge or infraunchising in old time most vsually was thus The Lorde in presence of hys neyghbours toke the bonde manne by the heade saying I wil that this manne be frée and therewyth shewed him forwarde out of hys handes and by this hée was frée without anye more a doe Manumissyon implyed wythout this woode Manumittere is when the lorde maketh an obligation to his villē to pay him money at a certein daye or suith him wher he might enter without sute or graunteth vnto his vyllen an annitie or lesseth lande to him by déede for yeres or for life in dyuers such like cases y e villen thereby is made frée Maximes MAximes be the foundations of the lawe the conclusions of reason and are causes efficient certein vniuersall propositions soe sure and perfect that they may not bée at any time impeached or impugned but ought alwaies to bée obserued and holden as strong principalles and aucthorities of thēselues although they cannot be proued by force of argument or demonstratiōs logicall but are knowen by enduction by y e way of sence memory As for example it is a maxime that if a man haue issue 2. sonnes by diuers women and the one of them purchase landes in fée and dieth wythout issue the other brother shall neuer be hys heyre c. Also it is an othermaxime that lāds shal discēd frō the father to y e sōne ▪ but not frō the sōne to y e father for that is an ascention c. diuers such like there be Maynour MAynour is when a théefe hath stolne and is followed with hue and cry and taken hauing y t founde about him which he stole that is called the maynour And so we cōmonly vse to saye when we finde one doing of an vnlawfull act that wée tooke him with the maynour or maner Misprision MIsprision is when on knoweth that an other hath committed treason or felony and will not discouer him to the Q. or to her councell or to any magistrat but doth conceale the same A chapleine had fixed an olde seale of a patent to a newe patent of non residence and this was holden to bée misprision of treason onely and noe counterfeiting of the Q. seale Also if a man knowe mony to be counterfet bringe the same out of Irelād hither into England and vtter it in payment this is but mysprision of treason and no treason soe it is in diuers such like cases And in al cases of misprision of treason y e partie offendor shall forfayt his goods for euer and y ◠profets of his landes for terme of his life and his body to prison at the Q. pleasure And for misprision of felonie or trespas y e offēdour shalbée committed to prison vntill hée haue founde suerties or pledges for his fine which shal be assessed by y e ducretion of y t Justices before whom he was conuict And note that in euerie treason or felonye is included misprision and where any hath cōmitted treason or felony the Q. may cause y e sāe to be indited and arramed but of misprision onely if she will Shewinge of deedes or Recordes SHewinge of déedes or Recordes is as if for example an actyon of dette be brought against one vppon an obligation or by Executors c. there after that the pleyntife hath declared he ought to shewe his obligatiō or y ◠executour the testamēt to the court and soe it is of Recordes And the diuersitye béetwene shewing of deeds or Recordes hering of déeds or records is thus he y ◠pleades the deede or record or declares vppon it to him it doth appertaine to shewe the same And the other agaynst whom such déede or record is pleaded or declared and is thereby to bée charged may demaunde hearing of the same déed or record which his aduersarie brigeth or pleadeth against him Mortgage or Morgage MOrtgage or Morgage is whē a mā maketh a feoffement to another on such condition that if the feoffour pay to the feoffée at a certaine day xl li. of money that then the feoffour may reenter c. In thys case the feffée is called tenaunt in morgage And as a mā may make a feoffement in fée in morgage so hée may make a gift in tayle or a lease for terme of life or for term of yeares in morgage And it seemeth that the cause why it is called morgage is for that it standeth in doubt whether the feoffor will pay the money at the day appointed or not and if hée fayle to pay then y ◠land which hée layed in gage vppon condition of paymēt of y e money is gone from him for euer so dead to him vpō cōditiō But if he pay y ◠money then is the gage dead as to y ◠tenāt y t is to say the feoffée for this cause it is called in latin mortuum vadium as master Littleton sayth or rather mortuum vas as I thinke Mortmaine MOrtmaine was whē lands were geuen to a house of religion or to a cōpany which be corporat by y e kings graūt then the land is cōe into mortmain that is to say in English a dead hand and the kynge or the lord of whō y e lād to holden may enter into thē Mulier MUlier is a word vsed in our lawe but howe aptly I cannot tell nor doe wel knowe howe
very troublesome and therefore nowe for the most part that way is altered and they vse to leuy the same by the yarde or Acre or other measure of lande By meanes whereof it is nowe lesse troublesome and more certen then before it was And euery Towne and coūtrey doe knowe what summe is to be payed amonge them and howe the same shal be raysed Wée read that Moyses was the first that did number the people for he nūbred the Israelits and therefore the first taxe subsidy tribute or fiftéene was inuented by him amonge the Hebrues as Polidore Uirgil doth thinke Regrator REgrator is hée that hath corne vittailes or other thinges sufficient for his owne necessary néede occupation or spendinge and doth neuerthelesse engrosse and buy vppe into hys handes more Corne vittailes or other such thinges to the entent to sell the same againe at a highe rand déerer price in faires marketes or such like places Reioynder REioynder is when the defendant maketh aunswere to the Replication of the plaintyfe And euery Reioynder ought to haue these ii properties specially that is to say it ought to bee a sufficient aunswere to the Replication also to followe and enforce the matter of the barre Reliefe REliefe is sometimes a certen some of money that the heire shall pay to the Lord of whō those landes are holden which after the discease of his auncestour are to him dyscended as next heire sometymes it is the payment of an other thinge and not money And therefore reliefe is not certen and a like for all tenures but euery sundry tenure hath for the most part hys speciall reliefe certayne in it selfe Neyther is it to bée payed alwayes at a certen age but varyeth therein also acording to the tenure As if the tenaunt had landes holden by knyghtes seruics except great Sergeantie and die his heire being of full age and helde his lands by the seruice of a whole knightes fée the Lord of whome that lands are soe holden shal haue of the heire 100. s. in the name of relyefe And if he helde by lesse then a knightes fée hee shal pay lesse and if more then more hauinge respect alwaies to the rate for euery knightes fée an hundred shillinges And if hée helde by graunde serieantie which is alwayes of the Quéene and is also knightes seruice then the relyefe shalbée the value of the lande by the yeare besides al charges issuinge out of the same Reliefe that the lorde shal haue for lands holdē in Socage is soe much more as the rent that the tenaunt holdeth his lande in Socage by as if hee holde by a penye rent and die the lorde shal haue that peny rent and a peny ouer for reliefe of what age soeuer the tenaunt be at the death of his auncestour And note that insome cases the lord shal haue his reliefe immediatly after the death of his tenaunt if it soe be that the tyme of the yeare wil suffre the same to be gotten as money corne flesh fish spices or any such like and for default of payement the lorde maye therefore of cōmon right presently distraine But in some cases the Lorde must stay for his reliefe a certen time when necessitie soe constraineth As if the tenāt helde by a rose a chery a strawbery or such like die in winter he shal not haue reliefe til roses cheries and strawberies are naturally fresh and ripe which is about midsomer then he shal haue one for rent an other for reliefe There is an other kind of reliefe that is payd after the death change or alienation of fréeholders that hold in auncient demesne and otherwise is paied as a knowledge of the tenure betwene y e lord and the tenant The same is not certein how much But doth vary according to y e custome of the mannour or tenure and is to be presented by the homage or sutours at the next court day of the same maner And note that alwaies when the reliefe is due it must bee payed at one whole payment and not by partes although that the rent bée to be payed at seueral festes Remainder REmaynder of lande is the lande that shal remaine after the particuler estate determined As if one graunt lanoe for terme of yeres or for lyfe the remaynder to I. S. that is to saye that when the lease for yeares is determined or lessée for life is dead that then y ◠land shal remaine shal be or abide with to or in I. S. Replication REplication is when y ◠defendaunt in any action maketh an aūswere and the plaintife maketh an aunswere to that that is called the replicatiō of the plaintife Reprises ▪ REprises are deductions payments and dueties that goe yearely and are payed out of a manour As rent charge rent secke pentions corodies annuities such like Resceipt REsceit is when an action is brought agaynst the tenaunt for terme of life or tenaunt for terme of yeres and he in the reuersion commeth in and praieth to be receiued to defende the land and to plede wyth the demaundaunt And when hée commeth it behoueth that hée bée alway redy to plede with the demaundant Reseruation REseruation is taken diuers waies hath diuers natures as some times by way of exception to kéepe that which a mā had before in him as if a lease bee made for yeares of ground reseruing y e great trées growing vpon the same nowe y e lessée may not meddle w t thē nor w t any thing y t commeth by reason of thē so longe as it abideth in or vpon the trées as mast of Oke Chestnut Aples or such like but if they fall from the trées to the ground then they are in right the lessées for y ◠ground is set to him and al theruppon not reserued c. Sometimes a reseruation doth get and bringe forth an other thynge which was not before As if a m◠lease his lāds reseruing yerely for y e sāe xx li. c. and diuers other such reseruatiōs thereby And note y e in auncient time their reseruations were as wel or for the more part in victualles whether flesh fish corne bread drink or what els as in mony vntill at the last and that chiefely in the raigne of kinge Henry the first by agrement y ◠reseruation of victuals was changed into ready money as it hath hither so since continued Retraxit REtraxit is the preterperfectēce of Retraho compound of Re and Traho which make Retraho to pull backe and is when the party plaintife or demaundant commeth in proper person into the court where his plea is and sayth that hée wil not procéede any farder in the same c. Now this shal be a barre to the accion for euer Reeue REeue is an officer but more knowen in auncient tyme then at thys day for almost euery manour had then a Réeue and yet styll in many coppy hold manners where the old custome any thing preuayleth
the heire Abbot ABbot was the soueraigne head or chiefe of those houses of popish religion which when they stood were called abbeies and this abbot together w t y e monkes of y e same house whoe were called the couent made a corporation Abbettours ABbettorÊ’ are indiuers cases diuersely taken one kinde of Abbettours are they that maliciously without iust cause or desert do procure other to sue false appeales of murder or felonie against menne to the entent to trouble and gréeue them and to bringe them into infamye and sclaunder Abbettours in murder are those that commaunde procure couÌ„sel or comfort others to murder And in some case such Abbettors shal be taken as principals and in some case but as Accessories Soe in other felonies And their preseÌ„ce at the deede doinge and their abseÌ„ce maketh a differeÌ„ce in the case There are abbettors also in Treason but they are in case as principalles for in Treason there are noe accessories Abeyance ABeyaunce is when a leas is made for terms of lyfe the remainder to the right heires of I. S. which I. S. is liuing at y â— time of the grauÌ„t Nowe this graunt of rem passeth from the grauntour presentlye yet it vesteth not presently nor taketh holde in the grauntee that is to say the right heire of I. S. but is sayde to be in abeyance or as the Logiciens terme it in power or in vnderstanding and as we say in the cloudes That is to wit in the consideration of the lawe That if I. S. die leauing a rightheire lyuinge and lyuynge the Lessee for lyfe then this is a good rem ' and nowe vesteth and commeth into that right heire in such sort as that hée may graunte forfayte or otherwyse dyspose the same and cesseth to bée anye more in abeyaunce for that there is one nowe of Abilitye to take it because that I. S. is deade hath left a right heire in life which coulde not bée liuinge I. S. for that duringe his life none coulde properlye bée sayed hys heire Also if a manne be patron of a church presentethe one to the same Nowe is the fee in the person but if the person die and the church is become voyde then is the fee in abeyaunce vntyll there bée a newe personne preseÌ„ted for y e patron hath not the fee but onely the right to present y e fee is in y t incuÌ„bent y e is presented after his death it is in noo body but in abeiaÌ„ce til therebe a new incuÌ„bent as aforesaid ¶ Abishersing ABishersinge and in some copyes mishersinge that is to be quite of amercements before whoÌ„ soeuer of transumptyon proued Abiuration ABiuration is an othe that a manne or womanne shall take when they haue committed felonye and flye to that church or church yarde for safegarde of their lyues chosinge rather perpetual banishement out of the Realme then to stand to the lawe and to bée tryed of the felonye And this lawe was instituted by Saynt Edwarde the confessour a Kinge of this Realme before the conqueste and was grounded vppon the lawe of mercys and for the loue and reuerence noe doubt that hée and other hys successours dyd beare vnto the house of God or place of prayer and administration of his woorde and sacraments which wée call the church But howe vncomely a thinge it was or is and howe farre from the nature of the house of god to make her a succorour and defender of horrible murderers theues you may consider brother Nicholas and the rather when you remeÌ„ber what our sauiour Chiste sayed reprehending the Jewes and parauenture also propheseinge of thys My house shalbée called the house of prayer but you haue made it a denne of théeues Abridgement of a plaint or demaund ABridgemeÌ„t of a plaint or demaunde is where one bryngeth an assyse writ of dower writte of ward or such like where the writ is de libero tenemento as in a writ of dower the writ is rationabilem dotem que eam contingit de libero tenemento W. her husband And in a writ of ward the writ is custod ' terr' et hered ' c. and the plaintife or demaundant demaundeth diuers acres or parcels of land and the tenant pleadeth non tenure or iointenancy or some other such like plea to parcell of the land demauÌ„ded in abatement of the writ then the plaintife or demaundant may abridge his plaint or demaunde to that parcell that is to say he may leaue that part out and pray that the tenaunt shall answere to the rest to which hee hath not yet pleaded any thinge The cause is for that in such writs the certeintie is not set downe but the demaunde runneth generally de libero tenemento and notwithstandinge the demaundaunt hath abridged his playnt or demaunde in part yâ—t the writ remayneth good stil de libero tenemento for the rest Acceptance ACceptance is a taking in good part and as it were an agreeinge vnto some act don before which might haue byne vndon and auoyded if such acceptance had not bin by him or them that so accepted As for example if an Abbot lease land of his house for terme of yeares reseruing rent and dieth and after an other is made abbot who accepteth that is to say taketh or receyueth the rent when it is due and ought to bee paied Nowe by this acceptance the lease is made perfect and good which els the Abbot might very well haue auoyded and made frustrate The like law is iâ— a man his wife seysed of land in y â— right of y â— wife â—ome and make a lease or feoffemeÌ„t reseruing rent and the husband dieth shee accepteth or receiueth the rent by which the feoffement or lease is made perfect and good and shall barre her to bring her writ called Cui in vita Accessories ACcessories are in ii sortes the one before the offence the other after the offence is done Accessorie béefore the fact or offence is hée that commaundeth or procureth an other to doe felony and is not there present him selfe when the other doth it but if hée bée present then hee is also principall Accessorie after the offence or fact is he that receyueth fauoureth or aydeth a felon knowing wel of the deede that hee hath done Also one may be accessorie to an accessorie as if one feloniously receiue an other that is accessorie of a felonie there the receyuer is an accessorie Accion ACcion is a suit geuen by the lawe to recouer a thing as an accion of debt and such like Accions personals ACcions personals bée such accions whereby a man claymeth debt or other goods or cattel or damage for them or damages for wrong done to his person Accion populer ACcion populer is an accion which is geuen vppon the breach of some penal statute which accion euery man that will may sue for him selfe and the Queene by information or otherwise as the statute alloweth and the case requireth And of
dyd nothinge for it by meanes whereof hospitalyty decaied in the place where it ought to haue beÌ„ chefelye mayntained namelye in the parishe where the benefice was and where the profites dyd growe so it continueth to this day to y â— great hinderance of lerninge y â— empouerishmeÌ„t of y â— ministery y â— infamy of y â— gospel professor therof Approouement APprouemeÌ„t is wher a man hath common in the lords wast grouÌ„d and the Lorde encloseth part of the wast for himselfe leapinge neuer the lesse sufficient comon w t egresse regresse for the coÌ„moners This enclosinge is called approouement Arbiterment ARbiterment is an awarde determination or iudgement which one or moe maketh at the request of ij parties at the least for vpoÌ„ some det trespas or other controuersie had betwéene the sayed parties And this is called in latin Arbitratus and arbitrium and they that make y e award or arbiterment are called Arbitri in english Arbitrators Arest ARest is when one is taken and resirayned from his libertye none shal be arrested for debt trespas detinue or other cause of action but by vertue of precepte or coÌ„maundemeÌ„t out of some court But for treason felony or breaking of the peace euery maÌ„ hath aucthority to arest without warrant or precept and wher one shal be arrested for felony it behooueth y â— there hath bene some felony done and that he be suspected of y e same felonye or otherwise hée may haue against hym that soe did arest him a writte of false imprisonment Arrerages ARrerages are duities behinde vnpayed after the dayes and tymes in which they were due and ought to haue ben payed whether they be reÌ„t of a maner orany other thing reserued Assets ASsets is in ij sortes the one called Assets per discent the other Assets enter maynes Assets per discent is where a man is bound in an obligation and dieth seised of laÌ„ds in fée simple which discend to his heire but maketh no executors or if he make executors leaueth not sufficient goods to discharge this obligation theÌ„ this land shal be called assets that is to say enough or sufficient to pay the same det and by that meanes the heire shal bee charged as farre as the lande soe to hym dyscended wyll stretch But if he haue aliened before the obligation be put in suite hée is discharged Also when a man seysed of laÌ„ds in taile or in y e right of his wife alieneth the same witt warrantie and hath in value as much land in fée simple which discendeth to hys heire who is also heire in taile or heire to y e woman Nowe if the heire after the discease of his auncestour bring a writ of formedon or sur Cui in vita for the lande so aliened then hée shalbée barred by reason of the warranty y e land so disceÌ„ded which is as much in value as that that was sold so thereby hée hath receiued noe preiudice therefore this land is called Assets per disceÌ„t Assets ent ' mains is wheÌ„ a man indebted as before is said maketh executors leaueth to theÌ„ sufficient to pay or some coÌ„moditie or profit is coeÌ„ to theÌ„ in right of their testator this is said asâ—â—ts iÌ„ their haÌ„ds Assignee ASsignee is he to whoÌ„ a thing is appointed or assigned to be occupyed paied or don and is alwaies such a persoÌ„ which occupieth or hath y â— thing so assigned in his owne right for him selfe And of assignées there bée ii sorts NaÌ„ely assignee in déed and assignée in law Assignée in déed is when a leas is grauÌ„ted to a maÌ„ to his assignées or with out those words assignées y â— grantee giueth grauÌ„teth or felleth the same leas to an other he is his assignée in déede Assignée in law is euery executor named by y â— testator iÌ„ his testameÌ„t as if a leas be made to a maÌ„ to his assignées as is aforesaid he maketh his executours dieth w tout assignemeÌ„t of the leas to any other nowe y e executors shal haue y e saÌ„e leas because they are his assignées in law so it is in diuers other like cases Attainder ATtainder is a coÌ„uiction of any person of a cryme or fault whereof he was not coÌ„uiet before as if a man haue coÌ„mitted felony Treason or such like therof is endited arraigned fouÌ„d giltie hath iudgment then he is said to be attainted And this may be ii ways the one vpon apparance the other vpon default The attainder vppon apparance is by confession Battaile or verdict The attainder vppon default is by processe Auerment AUerment is where a man pleadeth a plée in abatement of the writ or barre of the accion which hée sayth hée is ready to proue as the court wil award this offer to proue his plée is called an auerment Auerpeny AUerpeny that is to bée quite of diuers suÌ„mes of money for the kinges auerages Auncien demesne AUncien demesne are certein tenures holden of those mannours that were in the haÌ„ds of saint Edward the confessour and the which hée made to be written in a booke called Domes day subtitulo regis and all the lands holden of the sayd manours be auncien demesne and the tenaunts shal not be impleded out of the said manor and if they bée they may shew the matter and abate the writte but if they aunswere to the writte and iudgment be geuen then the lands become franke see for euer Also the tenauntes in auncien demesne be free of tolle for al things coÌ„cerning their sustenaÌ„ce husbandry in auncien demesne for such lands they shall not be put or impaneled vpoÌ„ any enquest But all the lands in auncieÌ„ demesne that are in the Kynges hands be franke fée and pledable at the common lawe See more after in the title Sokmanes Auowry AUowry is where one taketh a distresse for rent or other thing the other sueth a repleuin theÌ„ he y t hath takeÌ„ it shal iustify in his plee for what cause he tooke it and so auowe the taking and y t is called his auowry Baile BAile is when a man is taken or arrested for felony suspicion of felony endited of felony or any such case so that hée is restrained of his libertie And beinge by lawe baileable offreth suerty to those that haue aucthoritie to baile him which suerties are bounde for him to the Quéenes vse in a certeine suÌ„me of money or body for body y t he shall appere before the Justices of gaole deliuery at y â— next sessioÌ„ c. TheÌ„ vpon the bonds of these suerties as is aforesayd he is bailed that is to say set at libertie vntyll the day appointed for his apparance Bailement BAilement is a deliuery of things whether it be of writings goods or stuffe to an other some times to be redeliuered backe to y â— bailor y t is to say to him y t so deliuered it
other in the night with felonious intent to robbe or kil or to doe some other felony in which cases although he cary away nothing yet it is felony for which he shall suffer death Otherwise it is if it be in the day tyme or that hée breake the house in the night and enter not therin at that tyme. But if a seruant will conspire with other men to robbe his master and to that intent hee openeth his masters dores or windowes in the night for them and they come into the house by that way this is burglary in the straungers and the seruant is a théefe but noe burglar And this was the opinion of the right worshipfull Sir Roger Manwood knight most woorthy Lorde Chiefe Baron of the Eschequer at the quarter Sessions holden in CauÌ„terburie in Januarie last 1579. 21. Elizabeth Caruage CAruage that is to bée quite if the kinge shall taxe al hislaÌ„d by Carues Note that a Carue of land is a plowland Cession CEssion is when an Ecclesiasticall person is created bishop or wheÌ„ a person of a personage taketh an other benefice without dispensation or otherwise not qualified c. In both cases their first benefices are becoÌ„e void and to those that he had who was created Bishop the Quéene shal present for that tyme whosoeuer be patron of them And in the other case the patron may present Challenge CHallenge is where Jurours appeare to trie an issue then if any of the parties suppose y â— they are not indifferent they may there Challenge and refuse them There be diuers challenges one is challenge to the array the other to the polles Challenge to tharray is wheÌ„ the panel is fauourably made by the sherife or other officer Challenge by the poles are some principal and some by cause as they call it Principal is wheÌ„ one of the Juroures is the son brother or cosine to the plaintife or defendaunt or tenant to him or y â— he hath espoused the daughter of the pleintife for those causes hée shalbée withdrawen Also in a plée of y â— death of a maÌ„ in euery other accion reall in accions personall if the debt or daÌ„mages amount to xl markes it is a good challenge that he cannot dispende xl s. by the yeare of free holde Challenge by cause is where the party doth alledge a matter which is no principal chelleÌ„ge as y â— y â— son of one of y â— Jurrours hath espoused the daughter of the pleintif then he doth coÌ„clude therfore he is so fauorable which shal be tried by others of theÌ„quest whether he be fauorable or indifferent if they say that he is fauorable and not indifferent theÌ„ hée shalbée drawen out otherwyse hée shalbée sworn Also a felon that is arraigned may challenge xx Jurrours paremptory wythout any cause that is in fauour of life as many as hee wil with cause but then it shal be tried if for such cause he be indifferent or not Champertours CHampertours be they y t moue pleas suites or cause to be moued by own or others procurement sue them at their owne costs to haue part of the land or gaines in variance Charge CHarge is where a man grauÌ„teth a rent out of his grounde and that if the rent bée béehinde that it shal be lawfull for him his heires assignes to distraine till the rent be paide This is called a rent charge But if one graunt a reÌ„t charge out of the land of an other and after purchase the land the grauÌ„t is voide Charters of lands CHarters of lands are writings déeds euideÌ„ces instrumeÌ„ts made froÌ„ one man to an other vpoÌ„ some estate coÌ„ueied or passed betwene theÌ„ of lands or tenemeÌ„ts shewing the name place quantitie of the land the estate time maner of the doinge thereof the parties to the estate deliuered and takeÌ„ the witnesses pres eÌ„t at the same with other circumstaunces Chattels CHattels are in ij sortÊ’ that isto say Chattels Reals and Chattels personals Chattels Reals are leases for yeares wardes and to holde at wil c. Chattels personals ar al mouable goods as money plate householde stuffe horses kine corne such like Childewite CHildwite that is y â— you may take a fine of your bondwoman defiled and begotten w t childe w tout your licence Chimin CHimine is the hye way where euery maÌ„ goethe which is called via Regia and yet the Kynge hath noe other thinge there but the passage for hym and hys people for the frée holde is in the Lorde of the soyle and all the profyte growinge there as trees and other thinges Thing in action THinge in action is when a manne hath cause or may brynge an action for some duity due to him as an action of det vpon an obligation aÌ„nuity Rent Couenant warde goods trespas or such like And because they are thinges wherof a man is not possessed but for recouery of them is driuen to his actioÌ„ they are called things in action those thinges in action that are certen the Quéene may grauÌ„t the grauÌ„tee may vse an actyon for them in hys owne name onely But a common person cannot graunt his thing in actioÌ„ nor the Queene her felâ—e cannot grauÌ„t her thing in actioÌ„ which is vncerten as trespas such like Circuit of action CIrcuite of action is when an actyon is rightly brought for a duetie but yet about y e bush as it were for y â— it might as well bene otherwise aunswered and determined that suit saued and because that theÌ„ same actioÌ„ was more then néedful it is called circuite of action As if a manne graunt a rent charge of x. li. out of his manner of dale and after the grauntee disseise y â— grauÌ„tour of the same maner of dale and hée bringeth an assise and recouereth the lande and xx li. dammages which xx li. being paied the grauntee of the rent sueth his action for x. li. of his rent due duringe the time of the disseison which if noe disseisin had bene hée must haue had This is called circuit of action béecause it might haue bene more shortly aunswered for where as the grauntour should receyue xx li. dammages and pay x. li. rent he might haue receiued but the x. li. onely for the dammages and the grauntee might haue cut of and kept backe the other x. li. in his handes by way of detayner for his rent and soe thereby mought haue saued his action Claime CLaime is a challenge by any man of the propertie or ownershippe of a thinge which he hath not in possession but which is with holden froÌ„ him wrongfully Clergie CLergie is an auncyent libertye of the popishe Church which hath also béene confyrmed with vs in dyuers Parlyamentes And it is when a priest or one within holy orders as they terme it or any other whoesoeuer in whome is noe impedyment or impossibilitye to bée a priest is arraigned of felonye or such lyke
may well pursue and if I take it presently in the hye way or in an others grouÌ„d y â— taking is lawful aswell there as vppon the land charged to whomsoeuer y â— propertie of the goodes bee Also for fines and amercemeÌ„ts which be assessed in a leete one may alway take the goodes of him that is so amerced in whose ground so euer they bée within the iurisdictyon of the court as it is sayd And when one hath takeÌ„ a distresse it beehâ—â—ueth hym to bringe it to the commen pound or els hée may kéepe it in an others ground so that hée géeue notice to the party that hée if the distresse be a quicke beast may géeue to it foode and then if the beast dye for defaut of foode hee that was dystrayned shall bee at the losse and then the other may distrayne agayne for the same rent or duitie But if hee brynge the dystresse to a holde or out of the couÌ„ty that the sherife may not make deliueraunce vppon the repleuin then the party vppon the retorne of the sherife shall haue a writ of Withernam directed to the sherife that he take as many of hys beastes or as much goodes of the other in his kéepinge tyll that he hath made deliueraÌ„ce of the first distres Also if they bee in a forfelet or Castell the Sherife may take with him the power of the County beate downe the Castel as it appeareth by y â— statute Westm 1. cap. xvii Therefore looke the statute Diuorce DIuorce so called of diuortium coÌ„minge of the verbe diuorto which signifieth to returne backe As when a maÌ„ is diuorced froÌ„ his wife hée returneth her backe home to her father or other frends or to the place from wheÌ„â—e he had her by such diuorce the mariage is defeated and vndone Donor donee DOnor is hee whych gyueth lands or tenements to an other in tayle and hée to whom the same is so gyuen is called donée Double plea. DOuble plee is where the defendaunt or tenant in any accion pleadeth a plée in the which ii matters be compreheÌ„ded and euery one by himselfe is a sufficyent barre or aunswere to the action then such a doublee plee shall not bée admitted for a plée except one depend vpon an other and in such case if he may not haue the last plée without the first plée then such a double plee shal be wel suffered Ryght RIght is where one hath a thing that was taken from an other wrongfully as by disseisin or putting out or such like And the challenge or claime that hée hath who should haue y e thing is called right Right of entrie RIght of entrie is when one seysed of land in fee is therof disseised Now the disseisée hath right to enter into y â— land may so do wheÌ„ he wyll or els hée may haue a writ of ryght against the disseisour Dures DUres is where one is kept in prison or restrained froÌ„ his liberty contrary to the order of the lawe and if such a person so beinge in dures make any especialtie or obligation by reason of such imprisonment such a déede is voyde in the lawe and in an actyon brought vppon such an especialtie hee may say that it was made by dures of imprysonment but if a man bee arrested vppon any accion at the suite of an other though the cause of the accion be not good nor trewe if hée make any obligation to a straunger béeinge in prison by such arrest yet it shall not bee sayed by dures but if hée make an obligation to hym at whose suit he was arrested to bée dyscharged of such imprisonment then it shal be said dures Eire Iustices EIre Justices or Itinerant as we call them were Justices that vsed to ryde from place to place through out the realme to administer Justice Embrasour or Embraceour EMbrasour or Embraceour is he that when a matter is in trial béetwéene party and party commeth to the Barre with one of the partyes hauinge receyued some rewarde soe to doe and speaketh in the case or priuely laboreth the Jurie or standeth there to furuey or ouerlooke theÌ„ thereby to put them in feare doubt of y â— matter But men that are learned in the laws may speake in the case for their fée but they may not labour the Jurye and if they take money soe to doe they alsoe are embrasors Encrochment ENcrochment is sayed when the Lorde hath gotten seisine of more rent or seruices of hys tonaunt then of right is due or ought to bée payed or done vnto him As if the tenaunt holde slande of hys Lorde by fealtye and ij s. rent yerelye And nowe of late tyme the Lord hath gotten seysine of thrée shillings rent or of homage or Escuage or such lyke Then thys is called an Encrochment of that rent or seruice Enheritance ENheritaunce is such estate in landes or tenements or other thinges as may be inherited by the heire whether it be of estate in fée simple or taile by discent from any of hys â–ª Auncesters or by hys owne purchase And Enheritaunce is deuided into two sortes that is to say enheritaÌ„ce corporate enheritance incorporate Enheritance corporate are mesuages landes meadowes pastures rentes and such lyke that haue substaunce in them selues and may haue contynuaunce alwayes And these ar called corporal things Enheritaunce incorporate are aduowsens villaynes wayes comons Courts fishings and such like that are or may be appendant or appurtenant to inheritances corporate Equitie EQuitie is in two sorts differing much the one from the other and are of contrarye effectes for the one doth abridge diminishe and take from y e letter of y â— law The other doth inlarge amplifie and adde therunto The first is thus defined Equitie is the correction of a lawe generally made in that part wherein it faileth which correction of y e generall wordes is much vsed in our lawe As if for example when an act of parliament is made that whoesoeuer doth such a thinge shal be a sclon and shal suffer death yet if a madde manne or an infaunt of yonge yeres that hath noe discretion doe the same they shal be no feloÌ„s nor suffer death therefore Also if a statute were made that al personnes that shal receiue or gene meate and drinke or other succour to any that shal do such a thing shal bée accessorie to hys offence and shal suffer death if they did knowe of the fact yet not withstandinge one doth such an act and commeth to his wife whoe knowing thereof doth receiue him and giues him meat and drinke shée shall not bée accessory nor felon for in the generaltie of the said wordes of y e lawe he that is mad nor y e infant nor the wife were included in meaning And thus equity doth correct y â— generality of y â— law in those cases the general words are by equitye abrydged The other equitie is defined after this sorte Equitye is when the wordes of
y â— hundreth or in the court of his lord where essoine lyeth and that aswell in case of common sute as of plea. Moreouer they clayme by an especiall déede of kinge Henry the father of kinge Edwarde that of the tenements which are holden in Gauelkinde there shal no battayle bée ioyned nor graund assise taken by xii knightes as it is vsed in other places of y e Realme y t is to wit where the tenaunt demaundant hold by Gauelkind But in place of these graund assises let Juries be taken by xii men being tenaunts in Gauelkind so y â— four tenaÌ„ts of Gauelkind choose xii tenaunts of Gauelkynd to be Jurors And y t Charter of the king of this especialty is in the custody of Sir John of Norwood the day of S. Elphey in Caunterbury the yeare of king Edward y e sonne of king Henry the xxi These be the vsages of Gauelkind and of Gauelkindmen in Kent which were béefore the conquest and the CoÌ„quest and euer since till nowe The end of the customes Hauinge thus ended y e custoÌ„es as you sée Brother Nicholas there remayneth nowe to bée shewed what lands w tin this Countrey of Kent be of the nature of Gauelkind and what not First therefore it is to be vnderstanded y t all y â— lands w tin this Shire which be of auncieÌ„t Socage tenure as was said at the béegynnynge be also of the nature of Gauelkind And y â— lands holden by auncient tenure of knightes seruice be at the coÌ„mon lawe are not departible after the order of this custome except certen which béeing holden of old tyme by knyghtes seruice of the Archbishop of CauÌ„terbury are neuer the lesse departible as it may appere by y e booke 26. H. 8. 4. And that grewe by reason of a graunt made by kynge John to Hubert the Archbishoppe there the tenor of which is as followeth John by the grace of God Kyng of Englande â–ª Lorde of Ireland Duke of NormaÌ„dye of Aquitane and Earle of Angieu To all Archbyshoppes Bishops Abbots Earles Barons Justices Shirifes Gouernours and officers and al Bailifes and his faithful subiects gréeting Knowe yée y t wée haue graunted and by this our preseÌ„t Charter haue confirmed to our reuerend and déerely beloued father Hubert Archbishoppe of Caunterbury and hys successors for euer that it shall bée lawfull for them to conuert those laÌ„ds which menne of the fée of the Church of Caunterbury do hold in Gauelkind in to knightes fee. And y t y e same Bishops their successours haue the like power and libertie for euer ouer those men and their heires that shal hold those laÌ„ds so â—â—uerted into knights sée which the Archbishop hath his successors after him shall haue ouer other knights of y e sée of the Church of Caunterbury their heires And that those men and their heires haue the same al such libertie for euer which other knightes of the sée of the Church of Caunterbury and their heires haue Prouided alwayes y t neuerthelesse their accustomed rent of pence be holy payed out of their landes as before time their giftes auerages and other seruices which issued out of the same landes be conuerted into a reÌ„t of pence of like value And y â— y â— same rent be paied as y â— other reÌ„t of pence is Wherefore we wil straightly coÌ„maund y â— whatsoeuer the aforenamed Archbishop and his successours after him shall doe concerninge those landes which are to bée conuerted into knightes fée accordinge to the forme manner aboue written abide ratified and coÌ„firmed for euer Forbiddinge any person to presume against the déed of the Archbishoppe or hys successors in this behalf Witnesse E. Bishop of Ely S. of Bathe G. y â— sonne of Peter Earle of Essex WilliaÌ„ Marshall Earle of PeÌ„brooke Ro. of Harecourt Garine y â— soÌ„ne of Gerald Peter of Stoke Ric. of Reuers Rob. of Tateshal yeuen by y â— haÌ„d of S. Archdeacon vnto WilliaÌ„ at Rupem auriual y â— 4. day of May the third yeare of our raigne But for asmuch as it is disputable whether this Charter of Kynge John be of sufficieÌ„t vertue to change y e nature of Gauelkynde land or no and for that the certeintie of the landes so conuerted into knightes fée doth not any where appere saue onely that in the booke of Aide leuied in this shire Anno 20. E. 3. it is foure or fiue tymes noted that certeine lands in Kent bee holden in knightes seruice by the newe licence graunted to the Archbishoppe this shall suffise for that and it shall followe to be proued that al the landes of auncient tenure in knightes seruice be subiect to the ordinary course of discent at the common lawe And that may sufficiently be done both by the expresse wordes of a note in 9. H. 3. abridged by master Brooke ti Customes 57. and in master Fitzherb ti Prescription 63. And by the opinion of the Justices 26. H. 8. 4. as also by pleyne recital in the act of parliament made 31. H. 8. ca. 3. by which statute the possessioÌ„s of certen gentelmen there were deliuered from this customary discent and incorporated to the common lawe for amongest other thinges in that act it is saied That from thence forth such their landes shal be chaunged from the saied custome and shal discend as lands at the commoÌ„ lawe as other lands being in the said couÌ„ty of kent which neuer were holdeÌ„ by seruice of Socage but alwaies haue bene holden by knights seruice do discende By which words it is very euident that y â— makers of that estatute vnderstoode al lands holden by knights seruice to be of their proper nature discendable after y â— comoÌ„ lawe that Socage tenure was the onely subiect in which thys our custome of Gauelkinde discent preuailed helde place But when mencion is here made of Socage knightes fée it must alwayes be vnderstanded a tenure longe since and of auncyent tyme contynued and not nowe newely or lately created for so it may fal out otherwise then is alreadye reported As for example if land auncieÌ„tlye holden by knightes seruice coÌ„e to y â— Quéens hands whoe afterwarde giueth y e same out againe to a coÌ„on persoÌ„ to be holdeÌ„ of her manor of East Grene within Socage this lande not with standinge the alteration of y â— tenure remaineth disâ—â—dable to y â— eldest sonne only as it was before as also in like sort if lands of auncient Socage seruite come to y e Crowne and be deliuered out agayne to be holden either of the Quéene in Capite or by knightes seruice of any manor it ought to disceÌ„d according to y â— custde not w tstanding y t y e tenure be altered if this be true in the grauÌ„t of y e Quéene her selfe then much lesse may the Archbishope by a newe creation of tenure make to his tenants any alteratioÌ„ of this olde custome maner For as the
looking for nothinge thereby c. By which wordes is excluded either the takinge of xl li. v. pounde yea or of one peny aboue the principal But rather let such thinke that that statute was made vpoÌ„ like cause that moued Moyses to giue a byll of dyuorce to y â— Isralites as namely to auoyd a greater mischiefe for the hardnesse of their harts Vilawrie VTlawrie is wheÌ„ an exigent goeth foorth against any man proclamation made at v. counties then at the v. county if the def appere not y e coroner shall giue iudgment that he shal be out of the protectyon of the Queene out of the eyde of the lawe and by such an vtlary in actions personals the party outlawed shall forfayt all his goodes and cattels to the burden or trouble of the goodes for hys ease sake and more spéedy trauaylinge without huâ— crye flyeth away and leaueth the goodes or any part of them behynd him c. Then y â— Quéens officer or the Réeue or Bailife to the Lorde of the mannour wythin whose Jurisdictyon or circuit they were left that by prescriptyon or grauÌ„t from the Quéene hath the fraunchyse of wayfe may seyse the goods so wayued to their Lordes vse whoe may kéepe them as his owne proprr goods except that the owner come w t fresh suite after the felon and sue an appell or gyue in euideÌ„ce against hiÌ„ at his arrainmeÌ„t vpoÌ„ y â— indictment and be attainted thereof c. In which cases the first owner shall haue restitution of hys goodes so stollen wayued But although as hath bin said waife is properly of goodes stolne yet waife may â—ée also of goods y â— are not stolne as if a man be pursued with hue and crye as a felon and he flieth and leaueth his owne goods c. these shalbée taken as goodes wayued and forfait as if they had byn stolne VVaiue WAiue is a woman that is vtlawed shée is called wayue as left out or forsaken of the law not an vtlawe as a man is For wemen are not sworne in léetes to the Quéene nor to y â— lawe as men are who therefore are within the lawe whereas wemen are not and for y t cause they cannot besaid out of the lawe in so much as they neuer were w tin it But a man is called vtlawe because that hée was once sworne to the lawe and nowe for contempt hée is put out of the lawe and is called vtlaw as one should say without benefite of the lawe VVarwit WArwite or wardwite as some copies haue it that is to be quite of giuing of money for kéepinge of watches VVrecke WReke or varech as the Normans froÌ„ whoÌ„ it caÌ„e cal it is where a ship is perished on the sea and no man escapeth a lyue out of the same and the shippe or part of the shippe so perished or the goodes of the ship come to the lande of any Lorde the lorde shall haue that as a wrecke of the sea but if a man or a dogg or cat escape a liue so y t the party to whoÌ„e y â— goodes belonge come w tin a yere and a day and proue the goodes to bée his he shal haue them a gayne by prouision of the statute of Westminster the first cap. 4. made in king Ed. 1. daies who therin followed the decrée of Henry the first before whose dayes if a shippe had bene cast on shore torne wyth tempest and were not repayred by such as escaped on lyue wythin a certeyne tyme that then thys was taken for wrecke FINIS The olde Tenures Seruice de chiualer TO holde by knightes seruice is to holde by homage fealty and escuage and it draweth to it warde mariage reliefe and know thou that knights seruice is seruice of landes or tenementes to beare armes in warre in the defence of the Kealme and it o weth ward mariage by reasoÌ„ that none is able nor of power nor may haue knowledge to beare armes before y t he be of y e age of 21. yeres And for so much that the Lorde shall not léese that that of ryght hée ought to haue and y t the power of the realme nothinge be made weke The lawe wil because of his teÌ„der age y t y e Lord him shall haue in his ward till the full age of him that is to say xxi yeres Graund serieantie To hold by graund serieanty is as if a man hold certain lands or tenementes of the king to go w t him in hys hoste or to beare hys banner w t him in his warres or to leade hys hoste or such like and thereto belongeth warde mariage and reliefe as it appereth in y e tretise of wards and reliefes in the statute made the 28. of Edwarde the I. Petit Serieantie ¶ To hold by petit serieantie is as if a maÌ„ hold of the kinge lands or tementes yelding to him a knife a buckler an Arrowe a Bowe without string or other like seruice at the will of the firste feoffour and there beloÌ„geth not ward mariage ne reliefe And marke well that a man may not holde by grauÌ„d nor petit serieantie but of the king Escuage ¶ To holde by escuage is by knight seruice and there belongeth warde mariage and relief And marke wel that a man may not holde by escuage bnt that he hold by homage for that escuage of common ryght draweth to him homage as it was indged Termino H. 21. E. 3. cap. 42. fol. 52. Auowrye 115. And note wel that escuage is a certeine somme of money and it ought to be leuied by the Lord of hys tenaunt after the quantitie of his tenure when escuage runneth by all Englande And it is ordeined by al the couÌ„sell of Englande howe much euery tenant shall geue to his lord that is properly for to maintein the warrrs béetwéene Englande and them of Scotlande or of Wales and not betwene other lands for that that those foresayed landes shoulde bee of right belonginge to the Realme of Englande Homage auncestrel ¶ To holde by homage auncestrel is where I or my auÌ„cestors haue holdeÌ„ of you of your auncestors froÌ„ time out of mind whereof no mynde runneth by homage fealtye and certayne rent And it is not to holde by knightes seruice and there beloÌ„geth not ward maryage nor relyefe And note well that homage maye bée sayed in two manners that is to say homage auncestrell and homage de fayt Homage auncestrell is there where you or your auncestours haue holden of me and myne auncestors duringe the time of mans remeÌ„brance by homage fealty rent Homage de fayt is there where I enfeoffe your selfe to hold of me by homage and rent and in soe much that this homage beginneth by my deede it is called homage de fait And note wel y t homage auÌ„â—â—strel draweth to him voucher y t is to say warrantie of auÌ„cestours but not homage de fait Curtesie dengleterre ¶ To hold by the
in liberum maritagium bée al vtterly voyd so that y â— tenure shalbée intended after the tenure in the common taile And note wel that the gift in franke mariage hath a condition annexed to it notwithstanding that it be not openly declared in the déede of the gift as it appereth by the statut of westinÌ„ second ca. primo de Donis coÌ„dicionalibus And note wel that a manne shall not géeue landes nor tenementes in frankemariage but where the womanne is priuie of bloud to the donour â— else the mâ—â—â—e nor the womaÌ„ shal haue no other estate by the feoffement but for term of life Frank almoigne To holde in franke almoigne is to hold landes or tenements for to serue Godde and holye Church to endow without doynge any other manner of seruice And note well that in thys case the donor is mosne and oughtto acquite him fréely against the chiefe Lorde and also they that holde in frankealmoigne shall doe no fealtie but they that hold in franke mariage shall do fealtie Elegit To hold by Elegit is where a manne hath recouered debt or dammage by a writ against another or by confessyon or in other manner hée shal haue within the yere against hym a writte Judicial called Elegit to haue execution of the halfe of al his laÌ„ds and cattels except oxen and bestes of the plowe tyll the debt or dammages hée vtterly leuied or payed to him duringe the terme hée is tenant by Elegit And note wel if hee bée put out within y e terme he shall haue assyse of nouell disseysin and after a redisseisin if néede be and thys is géeuen by the statut of Westminster 2. ca. 18. and also by the equity of the same statute he that hath his estate if hée bée put out shall haue assise and a redisseisin if néede be and also if hée make his executours and dye and his executours enter and after be put out they shall haue by the equity of the same statute such action as hée hym selfe before said but if he be put out after make hys executours and dye his executours may enter and if they be stopped of their entre they shall haue a writte of trespas vpon their matter and case And note well if hée do wast in al the lande or parcell the other shall haue against him immediatly a writte Judicyall out of the first recorde called a venire facias ad computanduÌ„ by which it shalbée inquired if hée haue leuied all the money or parcel and if he haue not leuied theÌ„ money then it shal be in quired to how much the wast amounteth and if the wast amount but to parcel then asmuch of y e mony as y e wast amouÌ„teth shalbée abridged of y â— foresaid money which was to be leuied But if he haue done more wast then the foresaid summe of money which was to be leuied amounteth the other shall bée discharged by and by of all the said money and shal recouer the land and for the superfluity of y â— wa st made aboue that that amounteth to the sayde summe hée shal recouer his daÌ„mages single and the same lawe is of hys executours also of him that hath his estate And note that if hée alien in fée or for terme of life or in tayle all or parcell of the laÌ„d which he holdeth by Elegit if y â— alienation bée made w tin the terme or after hée which hath right shalhaue against hi one assise of nouel disâ—cisine And they both must be put in the auâ—se the alienor and the alienée and notwythstandinge that the alienour die preseÌ„tly yet he which hath right shal haue an assise against the alienée alone as if the alienour had bene a playne tenant for terme of yeres and that is by the equitie of the statut of W. 2. cap. 25. for that that he hath not but a chattel in effect and the same law is of his executours and of him which hath hys estate as is aforesaid And note wel that in an Elegit if the shirife retorne y â— he had nothinge y â— day of there conusance made but y â— he purchased lands after the tyme then the partye plaintife shal haue a newe writto haue execution thereof the same lawe is of a statute merchaunt And note wel that after a fiery facias a maÌ„ may haue the Elegit but not contrary wise for soe much y â— the Elegit is of more higher nature then thefieri facias And note wel that if a man recouer by a writte of debt and sueth a fieri facias and the shirife retourne that the party hath nothig where of hee maye make grée with the party then the plaintife shal haue a capi as sicut alias and a pluries and if the shirife retourne at the capias mitto vobis corpus and hée haue nothinge whereof hée may make grée to y â— party he shalbée sent to the prison of the Fléet there shal abide tyll hée haue made agrement w t the party if y â— shirife retourne non est inuentus then there shall goe forth an exigent against hym And note wel y â— in a writ of debt brought against a personne of holy church which hath nothinge of lay fée y â— shirife retourneth y â— he hath nought by which he may be summo ned then shall the plaintife sue a writ to the Bishop that hée make hys clerke to come and the bishop shal make hym â—o come by sequestration of y â— church And note wel y â— if a man bringe a writ of debt recouer make his executors dieth they shal haue executioÌ„ not w tstanding y â— it be within y â— yere by a fieri facias Statut merchant 6 To holde by Statute merchaunt is where a man knowlegeth to pay certayne money to another at a certaine day before the maior bailife or other wardeÌ„ of any town y t hath power to make execution of the same statute if y e obligée pay not y â— debt at y e day nothing of his goods lands or tenementes may be found within the warde of the maior or warden béefore saied but in other places without theÌ„ y e reconisée shal sue the reconisaunce obligatioÌ„ w t a certification to the chauncery vnder the kinges seale he shal haue out of the chauÌ„ cery a capias to y e shirife of y e couÌ„ty where he is to take him to put hym in prison if hée bée not a clarke til hée bée not a clarke til hée haue made gréement of y e debt And one quarter of the yere after that that hée shalbée taken hée shall haue his laÌ„d deliuered to himselfe to make gree to y e party of the debt he may selit while he is in prison and his sale shal be good law ful And if he do not grée w tin a quarter of a yere or if it be retourned that he be not
thereto Defendant DEfendant is he that is sued in an actyon personal he is called tenant in an action real Demaines DEmaines or demesnes is the lords chiefe maner place which hée his auncestours haue from time out of mind kepte in their owne hands and haue occupied same together wyth al buldinges and houses whatsoeuer also y e meadowes pastures woods errable lande and such like béelonginge thereunto Demaundant DEmaundaunt is hée that suethe or complayneth in an actyon reall for title of lande and hée is called playntife in an assise in an action personall as in an action of dette trespas disceit detinue and such other Halfe blodde HAlfe blodde is when a man marieth a wife and hath issue by her a sonne and shée dyeth and then hée taketh an other womanne and hath by her also a sonne Nowe these two sonnes are after a sorte Brothers or as they are termed halfe Brothers or Brothers of the halfe blodde that is to say brothers by the Fathers syde béecause they had both one father and are both of his bloud and not brothers at all by the mothers syde nor of blodde ne kinne that waye and therefore the one of them cannot bée heire to other for he that wyll clayme as heire to one by dyscent must be of y e whole blode to him from whome hée claimeth Demurrer DEmurrer is when anie action is brought and the defendaunt pleadeth a plée to which the pleintife saith that he wil not aunswere for that y ◠it is not a sufficient ple in the lawe and the defendaunt saith to the cōtrary that it is a sufficyent plee this doubt of the lawe is called a demurrer Denizen DEnizen is where an alien becommeth the Quéenes subiect and obteyneth her letters patentes to enioye al priuiledges as an englishmā But yet not with standinge he shall paye customes and diuers other things as aliens doe c. Deodande DEodande is when any man by misfortune is slaine by an hors or by a cart or by anie other thinge that moueth thē this thing that is cause of his death and which at the tyme of the mysfortune mooued shalbée forfayte to the Queene and that is called deodande and that perteineth to y ◠Quéenes Almener for to dispose in almes in dedes of charitie Departure from a plee or matter DEparture frō his plea or matter is where a manne pledeth a plee in barre the plaintife replieth thereto and he after in his reioinder pleadeth or sheweth an other matter contrary to his first plée y t is called a de parter frō his barre c. Departure in dispite of the court DEparture in dispite of the court is when the tenant or defendant appereth to the actyon brought against him hath a day ouer in y t sāe terme or is called after without day in the same terme and doth not appere but makes defant this is a departure in dispite of the court therefore he shal be condempned Deputie DEputie is he y e occupieth in an other mans right whether it bee office or any other thig els and his forf ▪ or misdemener shal cause the officer or him whose deputie he is to lose his office or thinge But a man can not make his deputie in al cases except the grant so bée as if it bée w t these or such like woordes to exercise or vse by himself or his sufficient deputie or if y e words go furder by himselfe or his deputy or the deputy of hys deputy then hée may make a deputy and his deputy also may make a deputy els not Deuastauerunt DEuastauerunt bona testatoris is when Executours wil deliuer the legacies that their testator hath gyuen or make restytutyon for wronges don by him or pay his debts due vppon contractes or other dets vpon specialtyes whose dayes of payments are not yet come c. And kepe not sufficiēt in their hands to discharge those debts vppon specialties that they are compellable presently by the law to satisfie Then they shal bee constrayned to pay of their owne goods those duetyes which at the first by the law they were compelled to pay accordinge to the value of that that they deliuered or payed wythout compulsion For such paymentes of debts or deliuery of legacies as is aforesayde béefore debtes payed vpon specialtyes whose dayes of payment are already come are accompted in the lawe a wastynge of the goodes of the testator as much as if they had gyuen them away wythout cause or sold them and conuerted them to their owne vse Deuise DEuyse is where a man in his testamēt géeueth or béequeaueth his goodes or hys landes to an other after his decease And where such deuise is made of goodes if the executours will not deliuer the goodes to the deuisée the deuisée hath no remedy by the common lawe but it behoueth him to haue a cytation against y ◠executors of the testator to appere before the Ordinary to shewe why hée perfourmeth not the wil of the testatour for the deuisee may not take the legacy and serue himself but it must be deliuered to him by the executours And here to the end to shewe you Brother Nicholas howe much the lawes of thys Realme and the wise dyscréete Judges of y e same who are the interpreters of the lawe doe fauour willes and testaments and so deuises in yelding to them such a reasonable construction as they thinke myght best agrée with the mindes of the dead consideringe that willes testaments are for the most part and by cōmō intendment made whē the testator is nowe very sicke weake past al hope of recouery for it is a receiued opinion in y e countrey amonge most y t if a man should chaūce to be so wise as to make his wil in his good helth when he is stronge of good memory hath tyme and leysure and might aske counsel if any doubt were of the lerned that then hée should not liue longe after and therfore they deferre it to such tyme when as it were more conueniēt to apply them selues to the disposition of their soules then of their landes or goodes except it were that by the fresh memory and recitall of them at that tyme it myght bée a cause to put them in mind of some of their goodes or landes falsely gotten andso moue them to restitutyon c. And at that tyme the penning of such willes are commonly committed to the minister of the parish or to some other more ignoraunt then hée if y ◠may be whoe knoweth not what woordes are necessarie to make an estate in fée simple fée taile for terme of life or such like besides many other mischiefes I will therefore set you here downe some of those cases that are most common in ignoraunt mens mouthes and doe cary by the wise interpretatiōs of y e Judges as is aforesaid a larger and more fauorable sense in wills thē in déedes first therfore if one deuise to