their petty Goals at next door and then run and enter against him what Actions they please in the Name of any Man And at the next Court-day the Defendant perhaps after two or three days imprisonment may obtain a Non-Sute and shall have adjudged him 7 s. 2 d. for his Charges which is not the tythe thereof and that he may look for if he can tell of who or any man whatsoever that hath any envy in his breast which there are few that want may come and enter an Action against any man he 's minded to do a mischief unto and keep him in Prison at 8 d. per week charges to the Knave as long as he lives And their way of taking of Pledges of prosecuting is thus To demand of the Plantiff or he that enters the Plaint where he lives if he say in Fleet-street then then they enter Pledges to prosecute John Fleet Richard Street if in Common-Garden then Pledges c. John Common Richard Garden according to the place the party names though no such man be And it is a great oppression to Country-people who are thus snapt up by irregular Proceedings This is not to expedite Justice but to disgrace the Law and wrong the Commonalty By this means I have known many utterly undone and some have lain in Prison five weeks upon this account and never knew heard of nor could never find out his Adversaries And then after this he hath non-suited their Actions entred over and over again they take a President from a worse then this that I must take so much leave as plainly to speak of that is the Court of Upper-Bench from whence issues a Writ called a Latitat or in the County of Middlesex A Bill of Middlesex and uppon the supposition of one of these returned though never any such thing be they reward a Latitat into all Counties to take the Defendant without naming the cause onely Trespass be it what it will be upon which if he cannot put in bayl he shall lie in Prison three Terms which somtimes with the Vacations to booâ— is above three quarters of a yeer and then if the Plantiff declare not he may obtain his Liberty by a Supersedeas if he hath money to purchase it but not a farthing costs or any remedy against the party that injured him by this wicked practice many a poor Soule miserably endes his dayes in Newgate And if a man be arrested by a Latitat or Bill of Middlesex and the Pâ—aintiff never declare after he hath put in Bayl he shall not have any costs but only a Nonfuite or a Discontinuance as they call â—t unless the Defendant appear in person and that is hardly worth his while This I make bold here to mention because it is a Gâ—ievance cries loud for Redress and so doth the City-Court too for can it seem reasonable that any man should be arrested and imprisoned he knows not why nor wherefore and most times irregularly the Serjeants having the advantage to do it without Warrant or any Precept or Process to be shown oftentimes nay most commonly imprison the Defendant without any Action entred against him This Practice was abhorred by the Heathens and then is it not a shame it should be tolerated by Christians But after the Arrest the Defendant appearing by Attorney the Plantiffs Attorney declares if cause be and then they fairly proceed to Trial according to the substance of the Proceeding of the Upper-Bench though different in form and to the Defendant if he be a Free-man in case of debt is allowed four Defaults by which time he may make his peace if he be wise And by the way give me leave to tell you that I have read and I am sure 't is reasonable That it is not lawful for a Citizen or one living in a Corporation to arrest any stâ—anger that inhabits in another Country into one of these Courts but by Process from above for these Courts had their Authority granted them originally from the King for their ease and the more easie dispatch of Justice between one another in their several Franchises for as the Forraigner hath no benefit by their Franchise so ought he not to be impleaded in their Courts Besides a great disadvantagedies upon the stranger being far from home and distant from Friends is too often enforced to purchase his Liberty by an unjust Composition There is also a Court holden before the Major and Alderman in the Guild-hall of the said City unto which the Sheriffs Court is subject by removal and both of them to a Habeas Corpur out of the Upper Bench or Common Pleas if the Action be not under five pounds and if it be then the Defendant may cause another Action to be entred against him at the Sute of any person he will name which is above 5 l and remove both together There is also another Court of Equity held between one Freeman and another in the said City wherein they regularly proceed by Summons in all Debts not exceeding 40 s. and pity it is that the Authority of that Court extends no higher Thus by the head you may guess at the whole Body I mean the Proceedings of all Corporations for setting the first Arrest or Process aside when they come to declare they do generally in their Declarations imitate the Bills and Declarations of the Upper Bench. I would be larger but I proceed to other things here more aimed at only by the way let me desire the Stewards and Judges of all such Courts to be careful in amending what Erâ—ors they finde have through the rust of Antiquity crept in among them endeavoring as much as they can the ease of the Subject and equal Right to all Certain Questions and Cases in LAW Resolved 1. JOHN Doe surrendred to his Wife certain Copy-hold Land of Inheritance to her and to the Heirs of their two Bodides to be begotten and for default of such issue to the right heirs of the said John Doe but in the said surrender doth not express that he gives it to her for her Joynture althugh it was his intent she should have ne other Dowwhether is this a Joynture or not 2. The said John Doe died without Will his Wife administred and there was certain Timber felled for the repair of a Copy-hold belonging to the Heir which the Praisers refuse to put into the Inventory for the reason aforesaid This Widdow marries again and her Husband takes away the Timber so felled from off the Lands belonaing to the said Heir whether is this Felony or not 3. Her said Husband is the Lord of the Mannor and doth detain and keep certain Writings from the Heir of the said Deceased refusing to keep any Court where the Heir should be admitted Tenant to certain Copy-hold Land lying within his Manor but doth destrain for Quit-Rent upon the Land belonging to the Heir refusing to deliver the Heir his Writings or shew any Title he hath to the Quit-Rent 4.
Whether the aforenamed Surrender being accepted and taken doth not barr the woman to have any Dowry either in Fee or Copy-hold Lands after her deceased Husband although the Custom Book of that place where the Copy hold lieth renders the Widdow of the Deceased the third part of tho Lands that her Husband died seized of 5. What sorts of Wood is accounted Timber by the Law and whether the Woman by vertue of the aforenamed Surrender can cut and sell any manner of Woods growing upon the said surrendred Lands to make a waste and spoil or whether the Land restrains her but to cut for necessary uses 6. Whether the Widow of the Deceased in her Widdowhood letting a Leese Parole for five yeares of her surrendred Land contrary to the Custome ought not to make good the said Lease Parole to the Tenant because he shall be much damnified if he enjoy not the same 7. If a man taken with an Execution for Debt by the Sheriffs Bayliffs and the said Bayliffs suffer him to make an escape and the Creditor reneweth not the Execution in two or three yeares after whether may he afterward bring his Action against the Sheriff or the Debtor 8. We desire to know what penalty is to be laid upon the Lord of the Manner which ought to keep a Court-Leet once a year and doth not and to whom the penalty belongeth 9. How Lords of Mannors do hold their Lordships and Mannors and whether they pay any Rent therefore or no 10. If Lord of a Mannor commit Felony who is to have the forfeiture of his Royalty The Resolution of the foregoing Questions To the first A Joynture of a Copy-hold doth not bar Dower for that at the common Law it it did not and by the Statute of Uses the Joynture must be of Lands at the common Law and whereof Uses might be raised which holds in neither in Copy-holds 2. It is not Felony but the Lord of the Mannor may have an Action of Trespass again the said Husband or the Heir may have an Action upon the case against him 3. The Heir may sue him at common Law for detaining of his Writings and touching the distress for Quit-Rents let the Tenant bring a Replevin and the Lord upon his Avowry must shew his Title 4. The Statute of Joyntures doth not extend to Copy-holds for the Reasons given to the first Question and therefore that Statute is no bar 5. Elm Oak and Ash are accounted Timber in Law and Beech in Countries barren of Wood the Law restrains any Copy-holder to fell Wood or Trees but for necessary uses unless the custom warrant it otherwise 6. The Lease Parole for five years not warranted by the Custom is a forfeiture of the Widdows estate if the Lord take advantage thereof if the Lord so do the Lessee hath no remedy 7. Against the Debtor he can have no Action of Debt for his Action was determined by he Execution but within two or three years he may bring an Action of Debt against the Sheriff 8. A Quo Warranto lieth for non-user or abuser of a Franchise The penalty is the Seizer of the Leer 9. All Lordships and Mannors were holden before these times meditate or immeditate from the King by accustomed or reserved services 10. If he hold of the King the King if of a measne Lord that Lord. Cases resolved touching Wills What persons are by the Law to make a Will or Testament and who not A Person our-lawed for Felony cannot make a Will but if a man be outlawed only in Personal Actions he may make a Testament of his Lands but not of his Goods The same Law is of a man attained of a Praemunire but not of a man excommunicated An Infant making a Will of his Land within age and dieth after he cometh at full age not revoking this Will it is not a good Will A woman seized of Land and marrieth and afterwards maketh a Will of it this is not good A Lunatick being of sound memory maketh his Will and becometh Lunatick and afterwards comes to his understanding and dies this is not a good Will A man speechless or one born deaf and dumb may make a Will by signes A man being of a sound memory makes his Will and afterwards becomes mad and so dies this is not a good Will A man who hath a Wife not divorced taketh another Wife who is an Inheritrix she cannot make a Will What is a good Will and what not and what shall be a Revocation and what not A Will without naming any Executor is good for Lands but not for Goods A Will wanting date is good if made after the 20 day of July 1540. A Will without sealing or subscribing if it be made in writing in the life time of the Testator although it be never proved before the Ordinary A Will Nuncupative is not good for Land Two men severally seized of Land make a joynt Testament of their Lands this is good A man is making his Will and hath devised parcel of his Land and before the finishing thereof he dieth the Wil is good for so much as is devised If a man appoint by his Will that his Land shall be fold to pay his debts and sheweth not by whom the Will is good and shal be performed by the Executors or administrators If a man makes a Will of land that is not his own and after purchase the same land and die this is not a good Will Also if a man makes a Will of his land and after alien this land and afterwards repurchaseth it again this not a good Will A Woman makes a Will of her Land and after takes a husband who hath issue the husband and the Wife both die this is not a good Will A man makes a Will and afterwards makes a new Will and after in his bed dying saith that his first Will shall be his last Will this is good A man makes his Will in writing and after giveth divers Legacies to several persons then after by word revoketh all but one this is a good Revocation of all but that one If any man gives land by Will to one person in Fee and afterwards giveth the same land to another person by another Wil but for term of life this is a Revocation of the first Will. What things are deviseable or may be devised If any man be seized of lands deviseable and thereupon buildeth the house or building may be devised So likewise may a Rent charge created de novo A man seized in right of his wife and granteth parcel of his land to one and after deviseth the residue to another this is good If a Farmer of land not deviseable erect and fix a Furnace in the midst of the house in the land he may devise this Furnace A Tenant in Fee-simple or Fee-tail may devise the Corn although the land be not deviseable but trees he cannot A man seized of a Mill may devise the runner-stone but not the
under-stone If a man have an annuity to him and his heirs he cannot devise this annuity but if it be an annuity for term of years he may If a husband die having before devised Corn upon his wives land it is good whether it were sown before the Marriage or after What words shall make Fee-simple lands and what not Land given to a man to hold to him and his heirs with Warranty of the land to him and his heirs this is a good Feesimple Land devised to a man by Will by these words To do with it at his pleasure this is a good Fee simple Lands given to a man to hold to him in Fee-simple and livery made to him and his heirs according to the form and effect of the deed it maketh Feesimple Land given to one for term of life and livery and seisin made to him and his heirs according to the form and effect of the Deed this is not Fee-simple A man seized in Fee-simple grants totum statum suum his whole estate Haâ— bend ' to the grantee and his heirs and maketh livery according to the Deed this is Fee-simple A man leavyeth a Fine sur Connuzance de droit come ceo c. The Conusee that is he to whom the Fine is granted hath Fee-simple Two Coparceners in Fee simple make partition and for equality of partition a Rent is assigned out of one part to the other without any other words the Assigne hath the Fee-simple in the Rent Land is given by Deed the Habendum sibi haeredibus suis vel de corpore suâ— to him and his heirs or heirs of his body this is not Fee-simple But if the Habendum were sibi haeredibus suis vel smis assignatis to him and his heirs or assignes A man makes a Lease of two acres of Land for life the remainder of one of them without shewing which to a single woman in Fee she taketh a husband and after the Lessee is impleaded in a Praecipe quod reddat of one of the acres and prayeth ayde of the husband and wife as of them in remainder they joyn in aid gratis and cannot bar the demandant whereby he recovereth The husband dies the Lessee dies the Wife hath the fee-simple in the other acre Tenant in tayl enfeoffeth his brother Recovery is had against him by erroneous Judgment the Tenant in tail hath issue and dieth the issue within age the brother dieth without issue the issue in tail being his heir within age reserveth the Judgment by error and enters he hath fee simple A Lease is made to the husband and wife by Deed pro termino vitae suae Habendum eis pro termino vitae to have to them for term of life of the wife she dieth the husband continues in possession he hath fee-simple A Lease is made to a woman for term of years upon condition that if she have issue within the term that she shal have fee the Lessor and Lessee inter-marry and have issue within the term and the husband dieth the term expireth and the wife continueth in seized of the fee simple Husband and wife joynt-Joynt-tenants in tail make a Lease for life the husband dies the fee-simple descends to his son out-living the wife Who have a sole estate in fee-simple that they may devise it and who not A man seized of Land in Fee hath issue a daughter beyond the Seas and after he hath another daughter within the Realm and dies the daughters enter together the younger daughter hath a sole estate in fee-simple A man is dissolved by two and he releases all his right to one of them in tail he is so seized in Fee simple One joynt-Joynt-tenant releaseth to his companion upon condition the Releasee dieth his heir enters the condition is broken and the Releasor enters clayming the moyty the heir shall not be said to be sole seized Two Coparceners in Fee are impleaded the one of them disclaimeth the other is not sole seized The Law is otherwise between Joynttenants A man seizd in fee hath issue two daughters bastards and one daughter legitimate the Bastards enter the daughter legitimate releaseth to one of them she is not sole seized Land is given to a man to have to him together with A. the daughter of the donor in frank marriage after they are divorced causa praecontractus at the suite of the husband the donor dies the daughter is his heir she is sole seized A woman inheritrix hath issue a daughter her husband dies she takes a second husband and hath issue another daughter the husband and wife exchange the Land of the wife for other Land in Fee and after of the wife and husband die the daughters enter into the Land taken in exchange the younger shall be said to be sole seized A feme sole makes a Feoffment upon condition to be performed on the part of the Feoffee at a certain day before the day they intermary the day incurreth the money not paid the husband is sole seized A Feoffment is made to two and to their proper use and livery seisin is made to one of them accordingly he is not sole seized otherwise if no use had been expressed A Feoffment is made by deed to two with a Letter of Attorney to one of them to deliver seizen and he makes livery to the other accordingly he is not sole seized in Fee-simple Two joynt-Tenants one within age are diseised by the Father of the Infant and the Father dies seized the Infant enters and the other occupieth in Common with him the Infant is sole seized Two joynt-Tenants in Fee the one bargains and fells by Indenture all his part and before the Inrolement the other dies and the Indenture is inrolled within the six months the other moyety shall descend What persons are Coparceners or Tenants in common in Fee-simple and who may devise their parts and who not A man hath two daughters and makes a lease to them for term of their lives the father dies the daughters are seized in Fee in Coparcenary Land is given to a husband and wife and to a third person and to the heirs of the husband and the third person releaseth to the husband and wife and to the heirs of the wife the husband and wife are not joyntâ— Tenants nor Tenants in common of the Fee-simple but the husband himself is sole seized in Fee A man hath issue two daughters and the elder of them holdeth certain land of the father by 4 d. rent the father dieth the younger sister shal be presently seized with out any partition of 2 d. Two joyn-Tenants by deed make such partition that is that the one of them shall have the one moyety to him and his heirs and the other shall have the other moyety to him and his heirs without any meets or bounds they are not Tenants in common A man makes a Feofment of two acres of Land habendum the one acre to one of them and his heirs
and the other acre to the other his heirs they are joynt-joynt-tenants Three Coparceners are agreed to make a partition so that the one hath a several part alloted to her in severalty and that the others shall hold in Coparcerany and for equality of partition a rent is granted and alotted out of the several part to the others in Fee they are coparcerners of the Rent A man makes a lease for life and hath issue two daughters and dieth the Lessee make waste the one of the daughters hath issue and dyeth the issue and the other bring a Writ of waste and recover and enter they are Coparceners as well of the Free-hold as of the Fee Land is given to two to have to them that is to say to the one of them in tayl and to the other in Fee he who hath a Fee deviseth the whole and dieth this not good for any part What devises of reversions or remainders of Rent be good and what not A man lets a lease for term of life and after diseised his Lessee and makes a Lease for term of life to another for term of life of the first Lessee the remainder over in Fee the first Lessee enters yet he in the remainder may devise his remainder A man makes a lease for yeares upon condition that the lessor disturb not the Lessee within the term of the Lease that the Lessee shal have Fee maketh Livery accordingly the Lessor disturbeth the Lessee for Rent where none is in arear and after he deviseth his reversion this is not good A man makes a Lease of two acres of Land reserving rent and hath issue two daughters and dieth the daughters make partition of the reversion so that the reversion with the appurtenances of one acre is allotted to one and the other to the other they severally devise the rent this is not good Land is given to two habend to the one for life and after his decease to the other in Fee he who hath the Fee deviseth his reversion this is good The husband endows his wife at the Curch-door and after is attainted of Felony and dieth the wife enters the Lord of whom the Land is holden deviseth the reversion this is not good A lease is made for life the remainder in Fee to the Wife of the deviser she surviveth and deviseth this remainder this is good An Infant makes a Lease for life the Lessee grants his estate over with Warrants the Infant at his full age briâ—geth a dum fuit infra aetatem against the Grantee who avoucheth his Grantor who entreth into the warranty upon whose possession the demandant releaseth in fee al his right and is barred in the action by this release and after deviseth his reversion this is a good device A man gran's his reversion in Fee and befor attornment he grants the same reversion to the Grantee for term of life onely and the Tenant attorneth generally the Grantee deviseth this reversion this is a good device A husband makes a Lease for life to the daughter and heir apparent of his wife being covert rendring rent the wife mother dieth the husband deviseth the rent this is void A man makes a lease for life reserving rent to him and his heirs the Leassor deviseth his rent this is good but if he reserve the Rent to him and to his Assigns it is not good What gift or estate or conveyance shall be said to be made by covin or fraud and what not A mâ—n holdeth Land in Soccage of a common Lord and he conveys this by fraud to defrand the Lord of his relief or herriot the Lord shall not take advantage of this covin The Tenant makes an estate in Fee upon condition and takes back an estate to him for lise the remainder to his eldest son in tail and for default of such issue the remainder to the heirs of the Body of the father begotten the remainder over in Fee to the Lord of whom the Land is holden yet this is covin at the pleasure of the Lord. A man bona fide enfeoffeth two of his servants to their own use for good service done and to be done and they by covin convey divers faandulent estates to their masters which remains over c. and the master knowing of their intent rejoyneth at it yet this shall not be fraud The Tenant intending fraud enfeoffeth divers persons and putteth the Lord in trust as Attorney to make Livery and Seizin and so he doth yet the Lord shall avoid this covin The Tenant maketh a Lease for years to the Lord and after by a Fine conveyeth fraudulent Estates c. and after the Lord within the term maketh his Executor and dieth and the Execuâ—or entreth into the term and after the lessor dieth his Heir within age and the term continueth the Heir of the Lord shall not avoid this covin What shall be said a purchase of Lands by the husband for the Joynture of the wife and what not Land is given to three men and a feme sole one of them marries with the feme she being excommunicated one of the others releaseth to the husbandand wife and to the Heirs of the husband the husband dies the wife assents This is a good Purchase and yet the wife is not a Tenant for life I. S. being contracted marriâ—h another wife and after marrieth her with whom he was contracted he and his wife exchange land which he had in the right of his wife the husband dieth she agreeth to the exchange this is not a joynture A windmil is leased to a woman for years who taketh a husband he granteth the term upon condition and for the condition broken enters the lessor releaseth them haeredibus suis omnibus masculis and if they die without such an Heir that this shall remain to the Heirs of the husband this is good c. 27. H. 8. cap. 10. A Reversion upon an estate for years is devised to the husband and wife in free marriage by the father of the husband the remainder to J. S. in fee Tenant for yeers surrendeth to the husband who dieth the wife enters this a good estate to the wife c. An upper chamber is granted without deed to A. for life the remainder for life the remainder to A in Fee A. grants his estate to him in remainder and his wife and to theâ—r Heirs and if they die without Heirs males of their bodies begotten that then this shall revert the husband dies the wife enters This is an estate to the wife c. Land is devised to J. S. for life the remainder to a husband in frank-marriage for c. I. S. and the deviser die the husband enters and dies the wife euters this is not an estate made c. Five acres of Land adjoyning to the Sea are devised to husband and wife haeredibus suis masculis for c. five other acres adjoyning thereunto the Sea for saketh into which the husband and
wife enter this is not any estate made in the five acres newly gained J. S. by indenture bargains and sells a Dove house to husband and wife and to their heirs so long as they have issue of their bodies whereas he hath no Dove-house J. S. builded one the husband enters and Dies the wife enters this is no tail in Joynture c. The father giveth Land to the son and his wife liberis suis with warranty to the son and his Wife and to the heirs of their bodies for ten years they are impleaded within the ten years and lose and have in value the years expire the husband dies the wife enters this is not an estate in tail for joynture but for life Land is given to A and B and to the heirs of B. B. leaseth this to a feme sole for life the lessor grants to the said feme and J. D. common for ten year out of the said Land during their lives for the Joynture of lessee and after marrieth her A. and D. die this is an estate conveyed for life as an hereditament To grant an annuity of 10 l. joyntly and severally to J. S. in Fee who granteth it to husband and wife to the husband for the life of J. D. to the wife until one of the sons of J. S. accomplish the age of twenty one yeers the husband dieth the wife accepteth this annuity this is an estate made for the wife for a joynture c. A Lease for life is made to the husband the remainder to his wife and J. D. successive for their lives the husband â—elleth trees and dies the wife enters the Vendee cuts the lessor recovers in a Writ of wast and hath execution this is an eviction by lawful action and yet the wife shall not have a Writ of Dower A Lordship by fealty and rent is giveâ— to Baron and fem in tall before marrige for c. the remainder in see a Tenancy escheateth the husband leaseth the Sâ—ignory to A. who recovereth in a Cessavit and dies his heir entert the husband dies this is an eviction by lawful action and the wife shall recover but an estate for life to the value of the Tenancy Tenant in tail of a rent purchaseth the Land out of which c. in tall and giveth into Baron and feme for their lives for c. fifty yeers expire Tenant in tail and the husband die the wife enters theissue bringeth a Formedon of the rent recovereth and is put in execution this is an eviction and the wife shall have it to the value of the rent Land is granted to a feme covert for life for c. he in reversion grants it by Fyne the Conusee brings a scire facias the husband claims Fee and it is found against him whereby judgement is given the husband dies the wife enters the recoverer enters this is not an eviction Tenant after possibility of issue extinct the remainder for life is discised and released to the diseisor who dies his heir gives the Land to husband and wife in tail Tenant for life bringeth a consimili casu and recovers the wife enters this is not an eviction An Infant gives a Park to a feme covert for life without impeachment of waste the remainders of them to two men and the heirs of their bodies the game is destroyed the husband dies the wife enters they bring a Wrie of waste the wife pleadeth Nul waâ—e c. whereby they recover this is a lawful eviction but she shall not have a Writ of error Land of the value of 20 l. per annum is granted to a feme for life rendring 10 l. per annum she marrieth he who hath right recovereth the Land by covin of the husband and hath Execution the husband being Tenant in Tail dies having Land to the value of 10 l. per annum the wife shall have it discharged of the rent lesse for life reversing rent the lessor diseiseth him and makes a feosment the feoffee dies his heir giveth the land to the lessor and his wife in tail for her joynture Tenant for life brings a writ of entry in the post and recovereth and hath execution the husband dies the wife shal have dower and shall recover for life the rent not recovered in value Grandfather father and son the father diseiseth the grandfather and taketh a wife the father surrendreth certain Copy-hold land to the use of himself and his wife and the heirs of the husband the father dies the son enters the grandfather dies the wife shall have this joynture or dowr but not of this land Land is given to husband and wife in tail with warranty they lose and recover in value against him who hath nothing the husband and J. S. being joynt-joynt-Tenants agree by deed that after five yeers ended they shall hold in severalty the husband dies within the five yeers the wife hath dower assigned she shall have both Lord and Tenant the Tenant is attainted of Felony and commiteth Treason for which he is attainted the Lord enters and gives the land to the Tenant and his wife for yeers upon condition that if the Lord do not pay 20 l. to the husband and wife at a certain day that they shall have it in tail for the wives joynture and the husband dies before the day the money is not paid this is a joynture and the wife shall not have dower A. enfeoffeth J. R. and B. makes livery to J. S. who taketh a wife land is given to them in special tail for the joynture of the wise they levy a fine J. S. dies a praecipe is brought against B. he disclaims the heir of J. S. enters the wife shall not have joynture nor dower of the land but of other land she shall have dower A rent-charge issuing out of Lands in several Counties and in the hands of several persons is granted to husband for life the remainder to his wife for her life for her joynture the husband dies the Tenant attorns to the wife she shall not have this joynture not dower Land is given to J. S. for life the lessor diseiseth him and giveth the land before Coverture to the wife for life for a joynture a stranger confirmeth her estate with warranty I. S. bringeth a Praecipe and recovereth the wife hath in value the husband and he in reversion make a feofment before the Statute the husband dies this is not an eviction by discontinuance of the joynture and yet she shall recover dower What is a ioynture assured before marriage and what a joynture after marriage A Lordship by fealty and Rent before marriage is granted to Baron and feme for a joynture they marry a Tenancy escheateth the husband enters and dies this is a joynture in the Tenancy assured before marriage J. S. contracts with A. and before marriage concludes with B. that he will recover the Mannor of D. and that this shall be to them in tail for a
that is to say by one inquest That J. S. is ousted by force and by another Inquest That J. D is ousted with force and all of one and the same Land there â—ach of them may have restitution by these enquiries If it be found that two joynt-joynt-Tenants were ousted by force the one may have restitution upon this enquiry without his companion If it be found that A. B. was seised for the Term of D. and he is ousted with force by E. and that D. is now dead yet A. B. shall have restitution by this enquiry If it be found that the Father was seized until ousted with force and died before any restitution or entry the son shall not have any restitution Likewise if a man be possessed of a lease for years and is ousted thereof with force and dieth before restitution his Executors shall not have restitution by this enquiry A lessee for life the remainder over in fee the lessee is ousted with force and all this matter found by inquisition of the force but he in the remainder shall not have restitution by this enquiry The husband and wife before issue had are ousted with force and then have issue the wife dieth the husband by inquiry shall have restitution If a Lesse for life be ousted with force and the lessor entereth for condition broken and this is found by Inquest yet the lessee shal have restitution by this enquiry The Justices of Peace before inquiry be taken may put the party in possession again without any Writ but noe other Justices can do it without Writ The Justices of the same County the record being before them may award exemption by Writ although they be not the same Justices before whom the inquest was taken but not without the same Record If the Justices who took the inquest be dead before restitution be made yet the Justices having the record may award execution of the same the Judges of the Upper-Bench having the Record removed before them may award Execution by this Statute by Writ but not otherwife If a Tenant of Land payes any rent to a stranger by compulsion of distress taken with force this is a disseisin with force But if a man be disseissed of any rent by the Tenant of the Land or by Rescous with forceâ— this is not a desseisin with force If the Lord improves the waste with force not leaving sufficient Common for the Commoners this is a disseisin with force within the compass of the Statute If a lessee for years with the remainder over for life be ousted with force this is not a dissesin with force by the Statute If the disseisor after he hath continued in quiet possession for three years detaineth with force this is not any detaining with force by the Statute If two joynt Tenants are disseised with force they both together are the parties grieved by this Statute and not apart but if one of them releaseth to the other or dieth then the other by himself is a party grieved If the husband and wife seised of Lands in right of the wife are disseised with force and the husband dieth the wife shall be a party grieved by this Statute If a man be seised in right of his wife and disseissed with force and after they have issue the wife dieth the husband is aparty grieved by this Statute If a man makes a lease for life to his eldest son and is disseissed with force and dieth the Son is the party grieved Land descends to two daughters one enters and a stranger ousted her by force she may have an assize by this Statute the party grieved may have an assize of novel disseisin or an action of trespass upon the Statute reciting the Statute and shall recover treble damages Also in a Writ of Attainder brought against the Jurors if they finde for the Defendant by false Oath the party shall recover treble damages And these offences I hope all Friends to peace and truth will avoid and hereby finde directions to punish the nocent An Abstract of several penal Statutes made and enacted for the good of the Subjects but are every day shamefully broken therefore I have according to promise inserted the several penalties by them enjoyned according to the nature of the offence to terrifie Offendors for fear of the punishment though they have so many partakers that it will not restrain them and to excite others effectually to prosecute them for the love of Virtue WE will not here actum agere not use so much Tautology as to insert what we have already spoken of but onely put you in mind That we have before in the Charge of the Court-Leet sufficiently dissected the Alehouses perhaps more then my Hostes will thank me for and given a hint at the Gaming-Houses too because the Alehouses and they are inseparable Inmates yet nevertheless they are not so fully laid down as I finde the Statute mentions wherefore therewith I 'll first begin Of Gaming-houses and Players at Games No person whatsoever shall keep hold suffer or maintain in his House Yard Orchard or Backside any place of unlawful Games nor shall not permit nor suffer any persons to play at his House Yard Backside or Orchard at Tables Cards Dice Coits Loggats Clash Bowls Slide-thrist or Shovegroat called now Shuffle-board and Boards end or at any other unlawful Game invented or to be invented on pain to forfeit for every day he shall use or suffer the same 40 s. and all such persons as shall use or haunt any such place of unlawful Gaâ—es or plâ—y thereat forfeits 6 s. 8 d. for every such Offence No Artificer or his Journey-man no Husband-man Apprentice Labourer Servant at Husbandry Marrriner Fisher-man Water-man or Serving-man shall play at any such unlawful Game or Games out of Christ-mas nor then out of their Master's House or presence on pain of 20 s. for every default 20 s. All which forseitures are to be divided between the King and any person that will sue for the same in any Court of Record laying his Action in the same County where the Offence is committed and prosecuting the same within a year 33 H. 8 9. If Informers would look diligently after these offences they would do good service to the Commonwealth and save many Families Wives and Children from Destruction and Gamesteâ—s from the Gallows where they usually throw their last Cast All Licenses to keep Houses or places of unlawful Games shall be void Stat. 2 3. p. m. 9. Perjury Whosoever suborns a Witness to give false Testimony in any Court of Record forfeits 40 l. and upon conviction if he hath not wherewith to satisfie the penalty he shall suffer six monâ—hs imprisonment stand in the Pillory an hour and be disabled for a Witness for ever after unlesse the judgment given against him be reversed by attaint or error And he that doth wilfully forswear himself that is commit wilsull perjury shall forfeit 20 b. six months imprisonment and be
addition of the penal Statutes as an Appendix in the close of the Book and proceed to the Court-Baron Now because the Court-Baron is always an adjacent Neighbor if not a Companion with the Court-Leet I shall successively give you the form and watters of charge to be enquired and punished there The Court-Baron holds Plea of all personal actions and trespasses made within the Mannor where the Tenants are and ought to have Justice at home and not to be at the charge of a Sute at Westminster for every petty action where sometimes the damage is not three pence 20 l. is spent in deciding the Controversie This Court ought to be kept every three weeks and to that intent the Lord receives Rents and Services of his Tenants to do them Justice and some hold their Lands onely by this service of doing Sute of Court and these Suiters are the Judges of the Court though I believe few Lordâ— know a reason why they receive their Quit-Rents and few Tenants wherefore they pay it by which means the due keeping of these Courts is in many nay most places neglected to the great injury of the people But a remedy they may have against the Lord for the non-usage or abuse thereof which shall here following be declared but to proceed First enter the Stile of the Court which is after this manner Holshâ—t ss The Court-Baron of J. W. held there on Friday the 24 of March in the yeer of our Lord 1656. When the Stile of the Court is entred call the Suiters and Tenants entring their appearances and defaults then make Proclamation That if any one will be essoyned or enter any plaint they may come in and be heard After the Essoyns and Plaints and Pleas be entred then impanel the Jury and swear them The Oath is after the same manner as the Leet onâ—y leaving our these words The Council for the Protector c. Then after silence made proceed to give in charge these Articles ensuing First the Jury is to enquire of the Suiters which owe any Sute to this Court whether they do attend the Court or no and present the Defaulters Secondly Enquire whether any Tenant be dead since the last Court or before whose death is not yet presented and present the same and what Lands and Tenements he held of his Mannor at the time of his death and by what service and who is next Heir to the said Inheritance If it be Socage-Tenure the Lord shall have his Fealty one yeers Rent for a relief over and above his yeerly Rent I do not mean the Rent to the value or profits of the Land though many Lords of Copy-holders have much mistaken themselves of late in this case or else the Tenants do too much mistake themselves to the Tenants undoing when the fine hath been stretcht by the cloak bag-strings of the Lords conscience and for his relief the Lord may distrain immediately after the death of his Tenant You shall enquire whether any Freeholder hath aliened or sold away his Freehold or any parcel thereof and present it for he which bought the Land before he enter ought to give notice thereof to the Lord and if he bought but a parcel the Rent ought to be apportioned accordingly between both parties according to the value of the Lands sold Fourthly Enquire whether any one man hath two several parcels of Land holden by several Titles dieth seized of the same the Lord shall have two Herriots by his death You shall also enquire whether any Copy holder dieth seized of any Lands so holden and present it Also whether any Copy-holder hath made any Lease of his Copy-hold or otherwise aliened or sold the same without surrender and present it for its a forfeiture of his Copy-hold Enquire also whether any Copy-holder hath made any surrender of his Copy-hold or any part thereof since the last Court-day or before and present it and into whose hands it was made and to whose use for at every death or other alienation the Lord is to have a Fyne were it not for this few Lords would keep any Court at all though they ought to do it to do justice to their Tenants and the party into whose hands the surrender is made ought at the next Court to present the same and to certifie the surrender into Court to the use of the alien according to the trust reposed in him on pain of forfeiture of his Copy-hold and the party that receiveth the surrender is not invested in any right in the estate by the surrender unless he be admitted Tenant in Court Enquire also if any Tenant of this Manor have given any of their Lands into Mortmayn and present it if any man give or sell any Lands to any house of Religion or to any other which be corporate by the Kings Grant or if any one make any Feofment upon trust to the use of any Religious house or to the use of any Fraternity or Corporation this is Mortmain You shall also enquire whether any Tenant for term of life or yeers or any Copy-holder of this Lordship hath made any waste or suffered any waste to be done upon their Lands and Ienements and present it Waste is when any Tenant for term of life or yeers or any Copy-holder pulleth down any house or cutteth down timber-trees or suffereth any of his Copy-hold-Tenements to decay or fall or if any of the Tenants plowup any medow ground or if they suffer any wall or pale which was covered to be uncovered by reason whereof the same wall or pale doth fall or if any Tenant dig coals chalk sand or make any Myne in his Ground it is commitment of waste But if a Tenant fell Timber to repair Houses in decay upon his Copy-hold and therewith doth repair them or therewith build a new house or any new building this is not waste But if he cut down and fell any such Timber this is waste Also Copy holders may cut down Wood to burn upon their Tenements or to make Reparations without waste Enquite also whether any Tenant died seized of any Lands holden of this Mannor having no Heir at the time of his death his Lands shall escheat to the Lord. None shall inherit Lands in Fee-simple unless he be Heir of the whole blood and understand that a Bastard can never be Heir unto any man neither can he ever have Heir but his children of his own body lawfully begotten therefore if any Bastard die without issue or any other Tenant die seized without Heirs present it Also if any Tenant seized of any Lands or Tenements was ejected therefrom by one that had no rightful Title thereunto and after dies without Heir the Lord shall have his escheat as well if the Tenant had died seized ergo enquire thereof and present it Enquire also if any Tenant of this Mannor hath been attained for any Treason Felony or Murder for which he had judgment although he were afterward delivered or were burned in
the hand the Lord hath his Lands by escheat or if any one hath abjured the Land or be outlawed for any Treason Felony or Murder present it for the Lord shall have his Land by escheat You are also to enquire if there be any rents customs or Services withdrawn from the Lordship which are due and of right ought to be done thereunto and what Rights Customes and Services they are by whom withdrawn and where the Land lies out of which they be due and who holds the same and present it Enquire also whether any Waif or Stray was or is within this Lordship and whether the Lord be answered of the same and if not present by whom they are detained and if any Herriot be conveyed away or concealed present it and by whom And here it will not be any digression to tell you what a Waif and Stray is A Waif is if a Thing being pursued or otherwise to ease himself of his burden doth leave and forsake his goods which he hath stollen or any part of them such Goods are called Waifs and the chief Lord shall have the Goods so waived unless the Owner of them do make fresh suit after the Thief and attach him for stealing the said Goods in such cass he shall have his Goods again though they be waived but then he must sue an appeal or else procure the Thief to be convicted at his Sute 21 H. cap. 12. An Estray is if any Beast be found in the Lordship and no man know the Owner thereof they shall be seized to the use of the King unless the Lord have them by Grant or Prescription if the Owner do not claim the same within a year and a day after the Lord hath caused Proclamation to be made in the next Markets and in the Church according to the Statute Also enquire whether any person hath made any Rescous against the Lord or his Officers within the Mannor and present it That if the Lord come to distrain for his Rent and the Tenant resist him that he cannot distrain this is a rescue or if Beasts distrained run into the house of the Owner and the Distrainer prays them to be delivered to him and the possessors will not deliver them it is a Rescue You are likewise to enquire of and present all pound-breaches whether any person hath broken the Lord's Pound that is to have taken away any distress put therein if the Lord do distrain for Rent or service behinde he may impound the distress either in a common Pound or in his owâ— Ground if he will or in his Neighbors Ground by the License of his Neighbor and any place in which the Lord doth impound is the Lord's Pound but if any other person do impound any Cattle in his own Pound or his Neighbors he ought to give notice thereof to the other party that is to the Owner of them that he may give them meat if he will and then if the Beast die for want of food he that was distrained shall be at the loss and he that did distrain may distrain again for the same Rent or Duty Enquire also if any Inhabitant have overcharged the Common or High-ways or common Fields by putting therein more Cattel then they ought to keep or before the days agreed upon and present it foâ— the Lord may distrain the Surplussage Damage Feisant There may also be made certain Orders by the Inhabitants one among another which none may break under such penalties as they agree upon between themselves Also you shall enquire whether any persons have digged any Holes or Pits in the High-wayes or whether any use commonly to break Hedges or suffer any Hoggs to go unringed or unyoked to the annoyance of their Neighbors and present the same Enquire likewise whether any person hath stopped any Water-course Way Ditch Path or Stile or turned any of them out of their way and present it have a care in this case you presentno man malitiously a foot or two to step about its not so great damage to any as to cause a suite more then the value of the land as some have done and after repented too late Also whether any Tenant hath made any incroachment upon any of the Lord's Land Meadow Pasture Wood Heath or other vacant Ground without the Lord's leave or hath set his Hedge or Pale beyond his due bounds present the same Also enquire whether any person hath plowed up or removed any Meerbanks Banks or removed any Bounds or Limits between one piece of Land and another and present it Also you shall enquire whether any person doth detain or keep away or detain any of the Lords Court-Rollsor Evidences and present the same Also if any person have Hunted Hawked Fished or Fowled in the Lorâ—'s Warren and present it Also you shâ—ll enquire if any persons have taken any Eggs of the Lord's Swans out of their Nests and present their names Enquire also if any trespass be done in any of the Lord's Liberties either in his Corn Grass Meadows Pasture Woods Waters Ponds or Hedges or take or destroy any Aiery of Haws and present the same Enquire also if any Land be inclosed that ought to lye open without the license of the Lord and other Freeholders and present the same that the Tenants of the Mannor may not lose their Common thereof Enquire also whether any Tenant for life or term of yeers hath let any greater or longer estate in his Lands or Tenements then he hath therein it is a forseâ—ture of their Estates Enquire lastly if all the Defaults and Plaints presented at the last Court be sufficiently and duly amended and whether all the Orders and Rules made heretofore concerning this Mannor be observed and kept and present it and if you know any thing more fitting to be or that ought to be presented for the Lords profit or your own common good diligently enquire thereof as you are in conâ—cience bound according to the Oaths you have taken and are obliged to both by God and man studying as much as in you lits the general good and welfare onâ— of another and to that end of all matters given you in charge and here to be enquired of make a true presentment distinctly and plainly without malice in speaking more then is true or favor in concealing any one that is culpable against the truth The form and manner of proceeding in personal Actions both in the Court-Leet Court-Baron also the hundred Courts which is also a Court held generally every three weeks to hold plea in personal Actions where the debt or damages exceed not 40 s. by the Sheriff in many places or by his Steward if the King be Lord thereof or if it be a particular Lord by his Steward for the whole Hundred I say the Process of these Courts is Summons Attachment and Distress to be directed by Precept from the Steward of the Court to the Bayliff of the same where it lies in the choice of
the Plaintiff either to summon the Defendant or attach his Goods which he must put in Bayl unto to appear at the next Court to answer the Defendant which is usual in trespass but in debt onely a Summons without bayl a laudable way of granting out Process in all Courts of Judicature coming neerest the purity of the original and ancient practice of the Laws of this Nation And if the Original in the Court of common Pleas were only used and the Capiat taken away or rather indeed a Sub-poena only in all Couâ—ts an Attachment to follow in case of Contempt how much vexatious charge trouble would the people of the Nation be freed from and their Estates and persons saved from the devouring clutches of those ravenous Wolves the Catch-poles and Sergeants to which honest men are often enforced subjects when perhaps nay most often less charge would end the difference then these men expose both parties unto and for which both Plaintiff and Defendant sit down losers But because it is our earnest desire to pursue peace as much as is possible with all men we shall here lay down a method of keeping a Court of Survey which if all Lords and Tenants would as if they will with a little charge they may joyn together and perfectly observe the Right and Propriety of every man might be known and registred amongst them and thereby many tedious consuming troublesome Title-Sutes at Law avoided for by this means every one might know his own and he that will not therewith be content deserves nothing The manner form and method of keeping a Court of Survey for the surveying setting forth Butting describing and bounding of any Mannor or Town with the several Tenures belonging to the same With the form of making a Terrar or Field-book and the Articles to be given in charge to the Jury in a Court of Survey Articles to be enquired of and given in charge in a Court of Survey holden for the Mannor of A. in the Parish of H. in the County of N the 8 day of May 1656. IN primis Who have or are suspected to have or keep back any of the Lord's Evdences Court-Rolls Rentals Books of Survey Teâ—rars or Writings what 's soever concerning the said Mannor and who have been Stewards of the said Mannor within the time of your remembrance Note if there be a Survey holden for two Mannors or more at one time then say instead of Mannor Mannors And the said Mannors or either of them 2. Item That you inform what Limits and Bounds belong to the said Mannors and what Lords are bounding or bordering therupon or whether they do châ—lenge intrude or encroach upon the Lands of the Lords of the said Mannors 3. Item That you set forth the Freehold Lands and â—enements within the said Mannors from the Copy-hold customary and demeasne Lands of the said Mannors and either of them or any other Mannor and who are the Free-hold Tenants or Occupiers therof and what are their names and what Freeâ—hold Rent do they severally pay to the Lord of the said Mannors for the same 4. Item What alienations transmutations or alterations have been made of any Free-hold Lands within or belonging to the said Mannors or either of them and what is due to the Lord upon any such alienation transmutation or alteration 5. Item What Houses or Tenements of Freehold are now standing or have been decayed within the said Mannors by whom and when were they so decayed what Laws do or heretofore did belong to every such House or Tenement and what Lands have been sold from the said Houses or Tenements and to whom 6. Item What Tenements or Cottages are lately built within the said Manors that are holden at will or sufferance or by Copy of Court-Roll of the said Mannors or either of them or any other Mannors and who be the owners or occupiers thereof and what Rents and Services do they yield and pay for the same and what Laws do belong to every such Tenement and Cottage and how long since have any such Tenements or Cortages been built and what Commonage do they challenge for the same and by what right and what is the name of such Common or Commons they challenge Commonage in 7. Item How many Copy-hold or Customary Tenants are within or belonging to the said Mannors and either of them and what be their several names and what Messuages Landâ— Tenements or Hered itaments hath every such Copy-holder or Customary Tenant what are their several quantities and yearly values where do they lie and how they are abuttalled and by what Rents and Services doth every such Copy-holder hold the same 8. Item Whether any of the Copy-holders within the said Mannors have exchanged bargained or sold any of their Copy-hold Lands or Tenements to any Free-holder and what are such Lands and Tenements so bargained exchanged and sold yearly worth and where do they lie 9. Item Whether any Copy-hold or Cnstomary Tenant of the said Mannors or either of them hath let or set for any time or term of years his Copy-hold or Customary Lands or Tenemenâ—s or any part thereof without the Lords license and whether any enjoy any Copy-hold or Customary Lands not having a Copy or Grant thereof immediately from the Lord of the said Mannors and what be their names and the yearly value thereof 10. Item What Lands Tenements Rents Services or Hereditaments within or belonging to the said Mannors are withholden concealed or substracted from the Lord of â—he said Mannors by whom and when c. 11. Item What Heath-Grounds Sheep courses or Sheep-walks are within or belonging to the said Mannors how are they scituated set forth or bounded and how many Acres do every such Heath Sheep course or Sheep-walk contain by measure or estimation and how many Sheep will the same yearly maintain and keep and what other Priviledges or Customary Feede do belong to the said Sheeps-course or Sheeps-walk and where do the same lie and at what time or times in the year is the said Priviledge and Feede to be taken and what is the yearly value of the said Sheep-walk or Sheeps-course 12. Item Whether any can or do justly claim or hold any Land that lies within the said Heath-Grounds Sheep-course or Sheeps walks and by what right do they hold or claim the same and how much Land have every such Land-holder and whether have they not other Lands of the Lord of the said Mannors in Leiu or exchange thereof and where do the said exchanged Lands severally lie and how are they abuttalled and bounded and what be the several Names of the Occupiers of such Lands and their several quantities 1. Item What Commons commonable Grounds waste and vacant Grounds are within and belonging to the same Mannors and what be their several names how are they scituated metred let forth or bounded and how many Acres doe every such Common commonable Grounds waste and vacant Grounds contain by estimation and who
upon which a forceable entry is made and die before any complaint is made thereof his heir is not a party grieved to make complaint If a maâ— make a lease for five yeers upon condition that if within the first two yeers the lessee pay to him 10 l. that then he shall have fee and livery is made accordingly there if any such forceable entry be committed within five yeers although that the condition be not performed yet thâ— lessee is a pâ—rty grieved by this Statute A man possessed of a term makes the heirs of J. S. his Executors and dies the said J. S. being also then dead leaving issue a daughter his wife pregnant with another daughter the first enters into the land after which the other is born and then such a force is committed both the daughters are parties grieved Who are bound to ge with the Justices at their command to remove a force what is their penalty in case they refuse to go and of what force is the Iustices record A man attainted of Felony upon request made is bound to go with the Justices to remove a force Dukes Earls Lords Barons and every Apprentice and Servant is boâ—â—â— by the Statute to go with the Justices to remove a force An Alien born and not made a Denizen or a man who is not of sound memory an Infant within the age of fourteen yeers or any woman sole or covert are not compellable to go with the Justices to remove a force A man going under bayl for debt or trespass is not bound to go If hue and cry be made at one end of the Town and the Justices require them at the other end of the Town they are bound to go with the Justice to remove a â—oâ—ce But if they have taken a Fellon or â—are in pursuit of a Fellon at the time of request they are not bound to go If the Sheriff Constable or other Officer without any Warrant Process or Precept require any person to go with the Justices to remove a force they are not bound to go by this Statute neither can an Officer arrest or imprison them by this Statute for their refusal But the Justices themselves may require them being in their presence by word only and upon their refusal imprison and fyne them If a forceable entry and detainer with force be made upon the possession of a Justice of peace he himself upon the view of it cannot remove the force But if upon a force committed they also assault the Justice himself then he may commit them to prison If one part of a house be in one County and another part in another County and when the Justices come to remove the force before they can arrest them they go into another part of the house which is in another County there they cannot remove the force by this Statute If a man enter the house of another by force and expels the owner thereof to one part or end of the said house and detain the house with force the Justices may remove this force and commit the offendor to prison If the Justices be present upon other business where a forceable entry is made when they are informed thereof before any detainder they cannot arrest them and commit them to prison by this Statute If the Justices come to remove a force and upon an arrest made the offendors escape into another County the Justices cannot arreast them nor commit them to prison by this Statute although it be upon fresh suite If the Justices come to remove a force and the offendors before any arrest make an escape for that time but in the morning they are brought back again before the same Justices to the same place by vertue of their Precept yet they cannot commit them by vertue of this Statute If the Justice come to remove a force and before that they can arrest the offenders they escape from thence upon that the Justices may well record this detainer with force by this Statute If the Sheriff is made Justice of peace and after in the same yeer that he is Sheriff he cometh to the place where the force was he cannot make a Record of this by the Statute If the Justices upon their coming to remove the force make a Record thereof and commit the offendors to prison and although it appeareth by the same Record That it was not a force upon the matter yet no remedy for the party so convicted If the Justices make a Record That they did see where indeed there is no such matter yet the parties cannot traverse it If the Justices come to remove a force and a Rescue is made to the Officers and others there present to remove them they may Record that as well as the force But if the Justices upon view of a force record a Murder Maim or Man slaughter this is no Record by this Statute If the Justices upon a force committed and complaint thereof made make enquiry thereof without going to the place it self where the force was this is also a good enquiry by this Statute But if the Justices upon view of the force make a Record thereof and their Record containeth that the force was made with twenty persons and the inquiry found it but ten persons this enquiry is not good by this Statute If several enquiries be made by several Justices upon a forceable entry every one of them is a good enquiry If the Justices in their inquiry of force present an Inquest by persons not sworn to do it the inquiry maketh mention that they were sworn yet this is a good enquiry But if the enquiry be made under the number of twelve this is not a good enquiry If any of the jurors before whom any such Inquest is taken be attained of a false Oath or in decies tantum or are Ambo-dexters this is not a good enquiry But if there be twelve persons in the jury over and above the persons attainted the inquest is good If it be found by inquest that A. B. was seized until J. D. diseised him with force by this inquiry A. B. shall have restitution If it be found that the father made a lease for years and died the years expired and before any entry made by the son a force is committed the son shall not have restitution by this Statute A man seized of Land hath issue a daughter and dieth his wife great with child of a son the daughter is ousted by force and after the Son is born and all this matter is found by inquest yet the Son shall not have restitution but the daughter shall have it If it be found by several Inquests that a man is ousted with force by several persons at sundry times of one and the same thing each Inquest is good and he may have restitution upon which of them he will but when he hath restitution upon the one then he shall not have restitution upon the other If it be found by several inquiries