Writs of admeasurement both of Dower and Pasture after the great distresse proclamation shall be made two County dayes whereupon if the party come the plea shall proceed if not admeasurement shall be made in his default Westm 2. 8. 13. E 1. when the same party after admeasurement another time surchargeth the Common a writ to enquire of that second surcharge shall go 〈◊〉 either judiciall if the former admeasurement were before the Justices or otherwise Originall out of the Chancery and the beasts surcharging the Common or their value shall be answered to the King Rule 24 c. Marlbr 21. 52. H. 3. The Sheriff may replevin beasts not only without but within a liberty also if the bayliff of the liberty will not do it Westm 2. 2. 13. E. 1. The sheriff or bayliff shall take pledges of the plaintiff before they make deliverance of the beasts not only de prosequendo but for return in them if a return be adjudged he that taketh pledge otherwise shall answer the price of the beasts Upon a return awarded to the defendant the writ de returno habendo shall have this clause that the Sheriffe shall not deliver them without writ wherein mention shall be made of the Judgment and thereupon he may if he will hare a judicial writ to the Sheriffe to deliver him the beasts but if afterwards the Plaintiffe desire to replevie his Beasts again he shall have a Judiciall writ viz a writ of second deliverance that the Sheriffe taking surety for the suit also for the beasts to be returned or their price if return be awarded shall deliver the beasts before returned and the distrainor shall be attached to come before the justices at a certain day and if he that replevied make default or for some other cause return of the dissresse is awarded being now twice replevied the distresse shal afterwards remain irrepleviable Stat. 1. 2. P.M. 12. Every Sheriffe of a Shire being no City shall at his first County-day or within two moneths after receit of his patent proclaim in the shir-town four deputies at least dwelling not past 12 miles one from another which in his name shall make Replevins as the Sheriffe might do himselfe Rule 30 Stat. 2. E. 3. 3. Commissions of Oyer and Terminer shall be only granted to the Justices of the one Bench or other or to Justices errants CHAP. 36. Rule 1. STat de quo warranto 18. E. 1. Pleas of quo warranto shall from hencforth be pleaded and determined in the Circuits of the Justices See also Stat de quo warranto novum Rule 3 c. Stat. 36. E. Stat. 1. 13. No Escheator shall take enquests of office but indented between the Jurours and him otherwise they are void Stat. 33. H. 8. 22. No Escheator shall sit virtute officiâ— only to find an office of lands holden of the King of 5 l. value or above in pain of five pounds Stat. 8. H. 6. 16. No escheator shall take inquests bâ— of people impannelled by the Sheriff and those enquests must be returned within a month after the taking in pain of 20 l. so also of Commishoners Stat. 23. H 6. 17. An Escheator shall take an inquest virtute brevis within a month after the delivery of the writ unto him his fees are there also set down Stat. 1. H. 8 8. He shall not sit unlesse he have land c. to the clear yearly value of 40 marks in pain of 20 l. He shall not delay to take the Verdict when the Jury offers it in pain of 100 l. so also of Commissioners He shall not be Escheator again within three years after that year ended Stat. 36. E. 3. Stat. 1. 13. A traverse is given to the party whose lands are seized by office of alienation without licnece or the nonage of the heir in Ward It shall be sent to the Kings Bench to be tryed Stat. 69. E. 3. Stat. 1. 13. Upon a traverse of monstrâ—â— de dron the Chancellor may let him that tenders it the lands holden to farm finding surety to do to waste Stat. 8. H. 6. 19. They shall not be let to farm till the inquests returned nor within a month after withoâ—â— which time the party grieved may have the benefit oâ— the former statute All Letters Patents within the moneth shall be void Stat. 18. H. 6. 6. All Letters patents made of lands oâ— tenements before office found and returned shall bâ— vo d. Stat 1. H. 8. 8. Divers good provisions concerning â—â—cheators Commissioners Jurors and Offices and thâ— manner of returning offices into the petty bagg Stat. 1. H. 8. 10. Lands soiled into the Kings hand by office shall be let to farm to him that tendred to traverse the same within three moneths after such office found notwithstanding the Statute of 8 H. 6. 16. Stat. 2 3. E. The estates and interests of others shall be saved though they be not found in the office where an heir of full age is found within age he shall have a writ de aetate probanda and may proceed to sue out his livery or ouster le main as his case is and receives the profits of his lands notwithstanding such office found Where after the Kings tenants death more hiers then one are found or if one be untruly found a Lunatick Ideot or dead the party grieved may have his traverse as in other cases of untrue Inquisitions A Traverse of Monstrans de droit is given without peition though the King be titled by double matter of Record When the Jury finds de quo vel de quibus Ignorant or per quae servitia ignorant the first shall not make a tenure of the King nor the last tenure in Caâ—ite but in such cases a Melius inquirendum shall issue forth traverse given to an ofice where a wrong tenure is found the rents of mean Lords shall be paid during the nonage of the Ward by the officer that receives the revenue of the Wards lands Artic de super cart 19. 68 E. 1. When the Sheriffe or Escheator seize land into the Kings hand without cause upon ousting of the Kings hands the party shall have the mesne issues Stat. de Escheatoribus 29 E. 4. 3. If the Escheator by writ out of the chancery seize land into the kings hand and after upon Inquisition no title is found for the king to have the Custodie an ouster le main shall be awarded for the party out of the Chancery Provided that if any thing afterwards may be found in the Chancery Exchequer or K. Bench for the King a scire facias shalâ— go out against the party and if the King have right 〈◊〉 shall be answered of all the issues from the time of thâ— Escheators first seisiing of the land Stat. 23. H. 6. 17. In a scire facias upon a traversâ— against any Patentee no protection shall be allowed Rule 11. Stat. 28. E. 3. 4 The rents given to theâ— that sue livery when the rent day
Frâ—â—chise Deputy Clerk of the Sheriffe c. must take 〈◊〉 oath of Supremacie and another oath for the true spâ—â—dy and indifferent returning of writs and impanelliâ—â— of Jurors without taking above the fees allowed Stat. 29. El 4. No Sheriffs Under-Sheriffe Baliffe 〈◊〉 a libertie or any of their Deputies shall either directly or indirectly take more for serving an extent or execution then after the rate of 12 d. for every pound under 100 l. and 6 d. for every pound above 100 l. of what they shall so levie in pain to forfeit treble damages 〈◊〉 the party grieved and besides 40 l. to be divided betwixt the Queen and the prosecutor Rule 11. Stat. 1. E 34. Stat. 1. Averment given in a writ of false judgment against the record certified Rule 26. trinity Term shal begin the monday after Trinity Sunday for keeping of Essoines proffers returnes c. the full term shall begin the Friday after Corpus Christi day and have four returnes onely Crassino Trin. Octabis Trin. Quindena Trin. and Tres Trin. the rest are cut off also by a late Act the two first Returnes of Michaelmas Term are abridged Rule 37. 18. H. 6. 1. The Kings Letters Patents must bear date the day of the delivery of the warrant to the Chancellor and not before otherwise they are void Stat. 3. 4. E. 6. 4 Every one that hath any Intrest in any land or office by or under authority of the Kings Letters Patents made after the fourth of February 27. H. 8. may make his title plea avorwie c. as well against the King as any other by an exemplification or â—â—stat under the great Seal Stat 13. El. 6. So likewise of the Patentees of H. 2. â—â— Qu M.P. M. and Qu. Eliz. and all claiming under them Rule 49. Stat. 14. E. 3. 8. Escheators shall not continuâ— in their office above a year Rule 51. Mag. Cart. 35. The Sheriffe shall make his turn throughout the Hundred but twice a year viz. once after Easter and once after Michaelmas And the view of Frank pledge shall also be made at the turn of Michaelmas Stat. 31. E. 3. Stat. 1. 15. Every Sheriffe shall hold his turn yearly one time within the month after Easter and another time within the month after Michaelmas in pain to lose his turn for the time Stat. 1. E. 3 Stat. 1. 17. Indictments in Sheriffs turns must be by rolls indented one part thereof to remain with the Endictors the other with the Sheriff Stat. 1. E. 4. 2. upon Indictments and presentments taken before Sheriffs or their Ministers at their turns or Law-dayes they shall not attach arrest or imprison nor levie any fine or amerciament of any person so indicted or presented but deliver the same Indictments or presentments to the Justice of peace of the same County at their next Sessions who shall proceed hereupon as if they were taken before them Stat. 1. R. 3. 4. None shal be returned upon a pannel of inquirie for the Sheriffs Turn but men of good name and fame having within the same County Free-hold land to the yearly value of 20 s. or Copihold land to the yearly value of 26 s. 8 d. and every Indictmenâ— ortherwise taken shall be void Rule 55. Westm 1. 10. 3. E. 1. Coroners shall be chosen in all counties of the most wise discreet Knighâ— Sheriffes shal have Counterparts with the Coroners all things which concern their office they shall 〈◊〉 nothing of any man to do their office in pain of greâ—â— forfeiture to the King Stat. 14. E. 3. Stat. 1. 8. A coroner shal have sufficieâ—â— in the County whereof to answer all people Stat. 28. E. 3. 6. Coroners shall be chosen in theâ—â— Counties of the most convenient and lawfull men â—â—ving unto the King and other Lords that may 〈◊〉 Coroners their Franchises Stat. 1. H. 8. 7. where one is slain by misadventure 〈◊〉 Coroner shall execute his office without fee in pain 〈◊〉 40 s. Justices of Assize and Peace have power to require of and punish the defaults and extortions of Coroners Rule 57. Artic. super Cart. 3. 28. E. 1. They shall behold plea of any contracts or covenants but such as 〈◊〉 of the Kings house maketh with another of the 〈◊〉 house Nor of any trespasse unlesse the party were â—â—tached and the plea determined before the Kings â—â—parture from the place where the trespasse was committed Any thing attempted here against is void Pleas of felonie that cannot be determined before the Steward because the felons cannot be attached or 〈◊〉 other like cause shall be refered to the Common Law Stat. 5 E. 3. 2. 10. E. 3. Stat 2. 2. Inquests shal be taken by the men of the country about 〈◊〉 by none of the Kings house except it be in Covenants contrasts trespasses when either party is of the Kings house Stat. 13. R. 2. Stat. 1. 3. the jurisdiction of the Steward and Marshall of the Kings house shall extend no further then twelve miles from the Kings Lodging Stat. 15. H. 6. 1. The defendants may averre that themselves and the Plaintiffe at the time of the Suit commenced were not of the Kings house against the Record Stat. 33. H. 8. 12. The Lord Steward of the Kings house alone or in his absence the Treasurer and controller of the kings house with the Steward of the marshalsie or two of them whereof the Steward of the Marshallsie to be one may without Commission hear and determine all Treasons Murders Man slaughters and blood-shed within the kings house although the king be removed before the inquiring and verdict must be by the Kings houshold servants in the Check-roll No Clergie or Sanctuary is given to any found guilty before them Rule 60. 17. E. 4. 2. made perpetuall 1 R 2. 6. No Plea shall be holden in Court of Pipowders unlesse the Plaintiffe or his Attorney swear that the matter of the declaration was done in the time of the same fair and within the Jurisdiction thereof but that oath shall be-no conclusion to the defendant but that he may plead as he might before Every Steward holding plea otherwise forfiteth 5 l. CHAP. 23. Rule 2. Glocester 8. 6. E. 1. Attorneys may be made in all pleas where appeales lie not Merton 10. 20. H. 3. In suits at the County Court Hundred Weapontake or Lords court Westm 2. 10. 13. E. 1. An Attorney may be made in all Counties where justices do journey and Stat. 3. H. 7. 1. An appeal of death may be pursued by Attorney Westm 1. 25. 3. E. 1. Westm 2. 49. 13. E. 1. and Artic. supp Cart 11. 28. E. 1. there shall be no maintenance in such Stat. 32. A. 8. 9. None shall buy sell or get or take promise or grant to have any pretenced rights or 〈◊〉 to lands except the seller or those by whom he claimeth were in possession or tooke the profits by the span of a year next before upon pain that the
shall be no wreck but the things shall be prised by the Sheriff or Coroneâ— and delivered to those of the Town where they 〈◊〉 found to answer for them So as if any within a yeâ—â— and a day prove that the goods are his they shall 〈◊〉 restored to him CHAP. 13. Rule 3. Stat. 32. H. 8 28. Leases made by tenant 〈◊〉 tail or by him who is seised in the right of his wife or Church they being of full age at the time of such a lease made shal be good against the Lessors their wives heirs and successors This Statute shal not extend to any lease to be made of lands in the hands of any Farmer by force of aâ— old lease unlesse such an old lease expired within a yeaâ— after the making of the new nor to any grant to be made of any reversion of such lands nor to any lease oâ— lands which have been let to Farm 20 years before such lease made nor to any lease made without impeachment for waste nor for above 21 years or three lives from the making thereof and that upon every such lease there be reserved so much yearly rent as hath biâ— usually paid within 20 years before such lease made And the reversioner of such lands c. may after the death of such lessor oâ— his heirs have such remedie against such lessee his executors and assignes as such lessor might have had against such lessee Provided that all leases made by the husband of land c. being the inheritance of the wife shall be made by Indenture in the name of the husband and wife and she to seal to the same and the rent shall be reserved to the husband and wife and the heires of the wife And here the husband shall not alien or discharge the rent or any part thereof longer then during the coverture unlesse it be by fine leived by husband and wife No fine feoffment or other act done by the husband only of the inheritance or free-hold of the wife shall make any discontinuance or prejudice the wife or any other who is to enjoy the estate after her decease fines leived by the husband and wife onely excepted Stat. 1. El. not printed All estates made by any Arch-Bishop or Bishop of any mannors Lands c. parcel of their Bishoprick other then to the Queen c. and other then for 21 years and three lives from the time of such estate made and whereupon the accustomed yearly rent or more shall be reserved shall be void Stat. 13. El. 10. All leases conveyances and estates made by any master and Fellowes of a Colledge Dean and Chapter Guardian of an hospital Parson Vicar or other having any ecclesiastical living c. other then for 21 years or three lives from the making and wherupon the accustomed yearly rent or more is reserved shall be void Stat. 14. El. 11. The branch of the Statute of 13. El. 10. made to avoid certain Leases shall not extend to houses scituate in Corporations or Market-townes or the Suburbs thereof nor to the grounds of such houses so as they be not the dwelling houses of the persons there restrained nor have 10 acres of ground belonging to them Provided that no leases in reversion shal be made of such houses nor without reserving the accustomed yearly rent at least nor without charging the lessâ—â— with reparations nor for a longer term then 40 years Neither shall any such houses be aliened without purchasing presently after other lands in Fee-simple of good value Stat. 18. El. 11. All leases made by such persons are mentioned in 13. El. 10. where another lease is being not to be expired surrendred or ended with three yeares next after the making of such new lease shall be void And all Bonds Covenants for renting of any such lease contrary to this Act or to thâ— said Stat. of 13 El. 10. shall also be void Rule 21. Westm 2. 5. 13. E. 1. Usurpation of Churches during wardship particular estates Coverture 〈◊〉 Vacanci shall not bar the heir at full age the reversener or remainder in possession the feme-discovert 〈◊〉 the spiritual person in succesion from having their wriâ— of Advowson possessory viz a quare impedit or an assize of Darrein presentment as their ancestor or predecestor might have had usurpation had happened in their time whereas before this Act they were 〈◊〉 such cases put to their writ of right of Advowson One and the same form of pleading shall be used 〈◊〉 Darrein presentment and Quare impedit viz. if the defendant alledged plenartie of his own presenatiâ—â— the plea shall not stay by reason of the plenartie so 〈◊〉 the writ be purchased within the six moneths albeit 〈◊〉 cannot recover within that time Where partition is made upon record or by fine 〈◊〉 present by turn the Coparcener that is disturbed shaâ—â— not be put to a Quare impedit but may have remedâ— upon the Roll or fine by Scire facias And amongâ—â— Coparceners if one present twice together yet shaâ—â— not the other barred but have his other turn when it falleth CHAP. 14. Rule 4. Westm 2. 34. 13. E. 1. If a man ravished woman married maid or other albeit she did consent after he shall have judgment of life and member and here the King shall have the suit Stat. 6. R. 2. 6. Both the ravisher and ravished where she consents after the fact are disabled to have or chalenge any inheritance dower or loint-estate after the death of their husband or ancestor In an appeal of Rape the Husband father or next of the blood shall have the suit and the Defendant shal not be received to wage Battail CHAP. 15. Rule 2. WEstm 1. 33. 3. E. 1. he that publisheth any false news or tales whereby discord or occasion of discord slander may grow betwen the King his people or the Nobles shall be kept in prison untill he hath brought him forth into the Court that did speak the same Stat. 12. R. 2. 11. The like for him that telleth false lies of nobles and great offices whereby discord may arise between the Lords and Commons Stat. 12. R. 2. 11. in the case of these former Statutes if the party cannot bring forth him that speak the same he shall be punished by the aduise of the Council CHAP. 19 Rule 4. 31. E. 3. Stat. 1. 2. If any man or Town charged with the goods of fugitives or felons will in discharge of himself alledge another that is chargeable therewith he or they shall be heard and right shall be done him Stat. 1. R. 3. 3. None shall seize the goods of any arrested for suspition of felonie before he be convict or attaint thereof or the same goods be otherwise lawfully forfeited in pain to forfeit to the party grieved double the value of the goods so taken to be recovered by action of debt c. Rule 6. 1. E. 6. 12. The wife shall be endowed albeit her husband were attainted convicted or
seller c. shall forfeit the value of the land and likewise the buyer knowing the same provided he that is in lawfull possession by taking the yearly profits may buy c. anothers pretenced right c. Rule 7. Stat. 6. R. 2. 2. Debt accompt and all such actions shall be brought in the County where the contract c. was made Rule 16. Stat. 1. E. 6. 7. The Acceptance of a new name of dignity shall not abate the writ CHAP. 24. Rule 6. MErton 8. 20. H. 3. Seisin of ones Ancestor in a writ of right shall be from the time of H 2. In a Mortdancester writ of Nief and of entry from the last return of King John out of Ireland In an Assize of novel disseisin from Henry 3. his first passage into Gasciogne West 1. 38. 3. E 1. Seisin of ones ancestor in a writ of right shall be from the time of Richard the first In an Assize of novel disseisin and Nuper obiit from H. 3. his first passage into Gascoigne In a Mortdancester Cosinage Aywel entry and writ of Niefe from H. 3. his Coronation Stat. 32. H. 8. 2. Seisin in a writ of right shall be within 60 yeares In a Mortdancester or any other possessory action upon the possession of his ancestor or predecessor shall be within 50 yeares A writ of the possession of the Plaintiff himselfe shall be within 30 years An avowry or cognizance for rent suit or services of the seisin of his Ancestor or of his own shall be within 40 years Formedons in reverter or remainder and Scire facias upon fines shall be sued within 50 years after the title or cause of action accrued Stat. 1 M. 1. Parl. 2. sess 5. The statute of 32 H. 8. 2. shall not extend to a writ of right of advowson Quare impedit Assize of Darrein presentment Jure patronasus writ of right of ward writ of ravishment of ward nor to the seiser of the wards body or Estate but the time of the seisin to be alleadged in such cases shall be as it was in the Common Law before the making of the sayd statute Stat. 21. Jac. 2. The time of prescription for lands concealed from the King is sixty years before the making of that statute Stat. 1. Jac 16. In writs of Formedon in descender remainder and reverter and right of entry the time is 20 years after accruer and imperfections removed Rule 6. Stat. 25 E. 3 stat 5. 16. Non-tenure shall not abate the writ but only for the quantity Stat. 37. E. 3. 17. No writ shall be abated by acknowledgment of villeinage if the demandant or Plaintiffe will averr that he that alleadgeth the exception was freed the day of the Writ purchased CHAP. 26. Rule 4. WEstm 2. 2 13 E. 1. A Gui in vita given to the wife after her husbands death upon his loosing of the land by default and the Tenant that recovered against the husband must maintain his own right CHAP. 27. Rule 4. WEstm 2 20. In a Writ of Cosinage Ayel and Besayel the point shall be inquired whether the demandant be next heir as well as in a Mortdancestor Rule 10. Westm 2. 1. 13. E. 1. A formedon in Descender is also given by this Statute to the heir in tail upon a descent from his Ancestor dying seised of the estate tail Rule 12. Merton 1 20 H. 3. A woman deforced of her dower or Quarentine shall in a writ of Dower recover damages viz. the value of her Dower from her husbands death to the day of the recovery of her Dower and the deforceor shall be amercied Westm 1. 48. 3. E. 1. A writ of Dower unde nihil habet shal not abate though she have received part of her Dower before the writ purchased unlesse it were of the same party against whom the writ was brought and in the same Town Westm 2. 4. 13. E. 1. In place of a writ of right a Quod ei deforceat is given to tenant in Dower for life by the coutresie in Frank-marriage and in tail upon losing by default CHAP. 28. Rule 2. Marlebr 7 52. H. 3. In a writ de communi Custodia if the deforceor come not at the grand distresse the writ shall be renewed as often as may be within half a year and every time read and claimed in the county-court and if he come not in to answer nor the Sheriffe finde him within that halfe yeare he shall lose the Ward saving his action another time if he have right Westm 2. 35. 13. E. 1. In a writ of ward of land or heir or both either of the parties dying before the plea determined a re-summons shall be And in the grand distresse day must be given that three County dayes may be held before the returne in every of which Proclamation shall be made whereupon if the defendant appear not judgement shall be given for the plaintiff saving the right of the defendant if afterwards he will claim it So shall it be done also in a writ of ejectment of ward Rule 6. Westm 2. 2. 13. E. 1. If the tenant disclaim in the County-Court or other Court not of Record the Lord may remove the plea before the Justices to cause it to be of Record so as he may have a writ of right sur dlsclaimer Glocester 4. 6. E. 1. Explanat 4 When land is given in Fee farme rendering or doing so much as amounteth to the fourth part of the value of the land if he whose land is charged let it lye fresh by two years so as no distresse can be found in it nor render or do that which is contained in the writing the other shall recover the land by a Cessavit but the tenant coming before judgment if he render the arrerages and damages and finde sufficient to do from thenceforth that which is contained in the writing shal retain his land Westm 2. 21. 13. E. 1. If a man detain from his Lord his service due by two years the Lord shall recover the land by a Cessavit This lyeth also for the Lords heir against the tenant his heirs and Alience Westm 2 41. If religious houses that have land given c. withdraw the Almes c. by two years the donor shall have the like action CHAP. 29. Rule 7. MArlbr 9. 52. H. 3. The processe in a Sella ad molendinum is attachment venire facias and the grand distresse see also there the order of proceeding in that action Rule 9. Stat. 25. E. 3 Stat. 3. 3 tht Kings Collation to a benefice being found before Judgment to be untrue shall be repealed Marlbr 12. 52. H. the processe in a Quare impedit shall be Summons Attachment and Grand distresse Westm 5. 13. E. 1. A Coparcener being disturbed after Partition shall have a Scire facias and shall not be put to a Quare impedit If tenant in Dower or by the courtesie have presented the reversioner being disturbed shall have a Quare impedit
Leviable by distresse as A Seigniory which is a Service whereby Land is holden and such Services are Common to all certain Estates Fealty Rent service Hither also may be referred Frankalmoigne and Divine Service Proper to Inheritance Generall Homage Suit of Court Particular whereby Lands are distinguished The Services themselves Soccage Knight-seâ—vice In the Lords life-time as reasonable Ayde After his death as Wardship and Releif A Rent charge which is a Rent with liberty to distrain upon the Grant or Reservation of a certain Rent to be issuing out of Land Such as cannot be distrained for Tab. 8. The persons Tab. 9. TABLE 8. A bare Hereditament concerning Land for which no distresse can be taken is Rent-seck which is a Rent without liberty to distrain Common which is a profit to be taken in anothers land whither also may be referred Estovers Houseboot c. Also a way over Land liberty to Fish Hunt draw water or the like TABLE 9. A bare Hereditament that concerns the person is Of the person himselfe as a Villaine By reason of the person viz. An Annuity which is a yearly Rent to be had of the person of the Grantor A Corody which is a portion for ones sustenance or cloathing An Office which is a duty of attendance upon a charge TABLE 10. A Prerogative hereditament which is derived from the Kings Prerogative and is termed a Franchise being a Royall priviledge in the hands of a Subject as Markets Fairs Toll and whatsoever liberties else which created at first by the Kings special Grant or of their own nature belonging to him are given to a common person to have an estate in Of this sort also are Execution and return of Writs forfeited Recognizances Fines Post-fines Issues Amerciaments and other Green wax money within such a Precinct or Liberty Also power there to make a Coroner Clerk of the Market and other Officers to have therein Treasure Trove Deodands Wreck of the Sea Waifes Estrayes the goods of Felons and outlawed persons Royall mines Royall Fish to keep a Leet to take Conusance of Fines to hold plea of debts and damages Sans summe and the like TABLE 11. A Chattel wherein their cannot be several Estates whereof consider The common Affection viz. That all ones own Chattels whether in possession or action as debts c. may be devised by Testament which is the appointment of an Executor to administer them for him after his death The severall kinds and so it is Reall as a Term for years or Wardship Personall to which divers things belong In generall Bailment which is the delivery of goods To keep when only the custody is committed to him and that is A simple bailment when he receiveth them to keep for another A Pledge when he receiveth them for another thing had of him at the time To employ as when the Bailee hath the things to use for anothers profit Contract which is a mutuall agreement for the very property of Personal things In particular viz. for the Interest of things uncertain as Accord which is an agrement of the parties themselves upon satisfaction executed Arbitrement which is an Award of satisfaction by others TABLE 12. Punishment of Offences which are Without force as Trespass upon the Case Common as Misuses when by wrong one is endamaged as by slander or the like amongst which serve Disturbance which is the hindring of that which belongeth to one to do Nusanee which is an annoyance done to ones Hereditament Deceit when the damage groweth by an undue sleight or the like Conspiracy to do one wrong or the like Offences in the nature of Trespasses upon the Case which are by the Kings Prerogative punishable like to them viz. by amerciament as Non-suit in an action Fault in the Original Writ he brings Or by the Sheriff in the return thereof making default when he should appear And whatsoever other Offences not being with force which offer no direct injury to a common person Reall wrong Tab. 13. Coupled with force Tab. 14. TABLE 13. A reall wroÌ„g is Discontinuance when one having an Estate Tail or Fee-simple in anothers right maketh a large Estate of the Land then he may Ouster when one is put out of his Free-hold Indeed as by Disseisin of Land when one is put or held out by a forcible Entry Detainer Rent as In every rent by Incloser Forstaller In rent service rent charge by Rescous Replevin In rent-charge rent-seck by denyer Usurpation when the Church becometh full by the presentment of a wrong Patron In Law as by Intrusion which is after the death of the Tenant for life Abatement which is after the death of one that had the Inheritance TABLE 14. Wrongs coupled with force and they are Not punishable by death Trespasses and they touch Possessions as in Goods which is the wrongfull taking of them with pretence of Title Land when it is done upon an actual possession thereof The person and so Trespasses are With preteÌ„ce of violence as Menaces which are threatning words of beating one or the like Assault which is an unlawfull setting upon ones person With violence indeed as False Imprisonment which is an unlawfull restraint of liberty Bodily hurts and they are Outward violencies Battery which is the wrongful beating of one Maime which is the wrongful spoyling of a member defensable in fight Rape which is the carnall abusing of a woman against her will Offences against the Publike Tab. 15. Punishable by death Tab. 19. TABLE 15. Offences against the publike termed Contempts may be committed either Against the King as 1. To disobey the Kings Command By his Writ By his Proclamation 2. Disobey any thing ordained by Statute Against the Common-wealth viz. against 1. The peace thereof as Riots Routs unlawfull Assemblies breach of the Peace and Good behaviour false news Barreting Evâ—s-dropping c. Also all Trespasses with force for which a man may be both indicted and prosecuted at Law by the Suit of the Party 2. The strengh as to send aide to the Kings Enemies to go beyond Sea without the Kings Licence c. 3. The Justice Tab. 16. 4. The Wealth Tab. 17. 5. The Passages Tab. 18. TABLE 16. 3. Publick Offences against the Justice of the Common-wealth as 1 Perverting of Justice as corrupt Judges who pervert Justice corrupt or negligent Officers Enditors corrupt Jurors Extortion Escapes negligent and voluntary c. 2 All force against the Justice of the Realm as Rescous of a Felon or others Affairs in disturbance of Justice to go armed in the Kings Palace To strike in Westminster Hall for which he shall loose his right hand so shall he that strikes a Juror in the presence of the Justices and be also committed to perpetuall Imprisonment 3. Conventicles which comprehend conspirators and Confederators Maintenance Champerty c. 4 Offences in favour of Malefactors as Misprisions of Treason or Felony which for Treason is perpetuall Imprisonment Theft-boot when a man receives his goods