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-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-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-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-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
Pacis Consultum A DIRECTORY To the Publick Peace Briefly describing The Antiquity Extent Practice and Jurisdiction Of several Countrey-Corporation-Courts Especially The Court Leet An Exact and Perfect Method to keep a Court of Survey for the setting forth and bounding of the Mannors Lands and Tenements with the Articles to be therein given in charge a work most useful of which Subject never was any thing printed before An Abstract of the Penal Statutes useful for all men to know Also some difficult Questions in Law proposed unto and resolved By Judge Jenkings Printed at London by J. C. for H. Fletcher at the three gilt-cups neer the west-end of Pauls 1657. To the READER Reader IF any actions of men may be though praise worthy certainly it must be their endeavours for the publicke good and above all the preservation of the common Peace and propriety of meum and tuum one amongst another for which end and aim only the Law was ordained and to that very intent and purpose was this ensuing Treatise composed not thereby to gain applause but that others may by it reap profit For if the Country-Courts were duely kept as they ought to be both Court-Leet and Court-Baron in every Mannor the common people need not so complain for the want of due Administration of Justice as they do nor be forced to seek so far and trouble the Superior Courts with so many petty Actions wherein the damage can never countervail the charge And for the Court of Survey as there is nothing more necessary so would it appear in the end there can be nothing more profitable if the Lords and Tenants would agree together in their several Mannors and cause Surveys and Terrars to be made of every one's Estate with the Title and this keep as a Record amongst themselves thousands of tedious Suits touching Titles of Land to the undoing of many Families might be avoided and the right Heir and Owner peaceably enjoy his own if this course were taken but once in an age I the rather put down the Abstract of Penal Statutes because of the daily breach of them to direct those that will how to punish the Offenders and the voluminous bulk of the Statutes themselves come not to the view of every one Gratefully therefore take this small Branch every one that wishes well to the Peace of English Sion for the Head and Members whereof remains a daily Orator 27 April 1657. Ph. Ag. Courteous Reader These books following are printed for and sold by Henry Fletcher at the three Gilt-Cups in St. Pauls Church-yard neer the West-End A Dispensatory with the whole Body of Physick wherein is discovered the Natures Properties and Vertues of Vegetables Minerals and Animals by the learned Renodaeus chief Physitian to the King of France Englished and revised by Richard Tomlinson of London Apothecary in Fol. A Martyrology containing a Collection of all the Persecution that hath befallen the Church of England since the first Plantation of the Gospel to the end of Queeh Maries Reign with the Lives of many Eminent Persons by Samuel Clearck Fol. An Explication of the 110 Psalm wherein the several heads of Christian Religion therein contained are largely explained and applied by Edward Reynolds D. D 4 0. A plain and easie Caleulation of the Name Mark and Number of the 〈◊〉 of the Beast by Nathanieâ— Steâ—eâ—â— â—â—â—nister in Leistershire a learned 〈◊〉 in 4 0. Paractiâ—â— his Chymical Transâ—â—â—â—ation of Metals and Minerals with the Experiments of Raymund Lully containing the right Composition of both Elixirs in 8 0. Enchiridion of the Art of Physicks by John Sadler D. in Physick 8 0. Time well improved or Meditations on Heavens glory Earths vanity and Hells horror with Prayers for most â—â—castent and other verses used by the Bell man of London 12 0. England's Balm or Pâ—â—pâ—fals by way of Grievance and Remedy to the Lord Protector and Parliament for a Regulation of the Law by William Sheppard Sergeant at Law in 8 0. Playes The old Law by Middleton in 40. Acteon and Diana acted many times lately at the Red-Bull in 4 0. both new The Antiquity Extent and Power OF Court-Leets And the form of keeping them IF Antiquity may offer it self in plea for Authority then good cause hath this Court to challenge equality if not preheminence above any in the Commonwealth of England for it was established long before the Conquest and in those days held Plea of all matters in difference either for meum and tuum the two greatest Adversaries in the world or pro placitis Coronae which intends generally the keeping of common peace and welfare in a Nation which is the crown and dignity thereof and the breach thereof is aptly called Crimen lesae Majestatis And so duely and impartially in those days were the Liberties and Laws of this Court observed that it is yet and ever wil be recorded amongst our Legenda aurea that in those days a child might travel safely in the Road with a bag of gold without danger and then the Ways were more dangerous in regard of woods being more full of Woods but I think not so well stored with Thieves as now so that we have destroyed the one and yet in too much plenty reserved the other But to avoid digressions and prolixity toe we shall proceed to the formality of proceeding in a Court-Leet as now it is and by the way observe that all manner of Crimes from the highest Treason to the lowest Trespas are here enquirable though not punishable of which in order you shall have a perfect description A Court-Leet is at most kept but twice a year in some places but once and in some lazie Lordships not at al but left as a thing obsolete and useless The manner thereof is first about fourteen days before the Court is to be kept for the Bayliff to give notice thereof by vertue of a Precept to be by the Steward of the Court pro tempore existente to him directed which usually runs after this form The Summons for a Court-Leet Hâ—ss A. B. Gent. Steward of the Mannor or Hundred or Leet aforesaid To the Bayliff thereof greeting I command you that you summon and warn all the tenants of the said Mannor as well residents as not residents and all customary tenants of the Mannor aforesaid that they be before me at H. aforesaid on Thursday the 26 day of March next coming to do their Suit unto the View of Frankpledge and all things thereunto belonging c. Dated c. Then the Steward ought to enter on the Court-Roll the Style of the Court which is usually after this manner The Entry of a Court-Leet together with a Court-Baron Hâ—ss The view of Frank-pledge with the Court-Baron of C. L. Esq Lord of the same there held the 20 day of March c. By A. B. Steward there Then make three Proclamations when you call the Court and then a Proclamation for Essoiâ—s and profers of Suit and Pâ—ea
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
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-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