she may and after the Son is born he cannot enter upon the Daughter and be Heire and Tenant to the Lord Plowd Com. f. 56. 5. Ed. 4. f. 6. By Tearmes of the Law thirty and Wilby if a man Tenant seised of Land in Fee dies seised his Wife privily being with Child with a Son and another man marryes her and after the Son is born he shall be adiudged the Son of the second Husband and not of the first Husband and shall be Tenant to the Lord of the Land of the second Husband and Berrey Justice said that the Infant might choose which he would for his Father 21 Ed. 3. f. 39. Otherwise it is if she had been great with Childe If a Woman be with Child by her Husband Tenant or by another it shall not be tryed but if she be with Child at the time of the death of her Husband or not shall be in Issue for by 1 H. 6. f. 3. If the Wife of J.S. go away with an Adulterer and hath Issue if J.S. her Husband be within the foure Seas the Issue is Heire of J.S. for by whom the Woman is with Child it cannot be tried and for that it shall be intended by J.S. 41 Ed. 3. f. 11. and 7. H. 4. f. 9. the same If a man marry a Wife which is great with Child by another man and within three daies after Marriage she is delivered and the Husband dies the Issue is lawfull and Heire and Tenant to the Lord and no Bastard 18. E. 4. f. 30. a. 24 H. 8. Br. Title Bastardy 44. it was said if a man marry his Cozen within the degrees of Marryage and have Issue and are divorced in their lives and by that the Marriage is avoided and the Issue is Bastard contrary if one dye before the Divorce 21 H. 7. f. 41. If a Deacon takes a Wife and hath Issue this Issue is no Bastard otherwise it is of a Marriage between a Fryer and a Nunn if they have Issue 11 H. 4. fol. 76. Sayd by our Law if one marry his Cozen their Issue is no Bastard till they are divorced but shall take by Discent 42 Ed. 3. fol. 11. If a man marry a Wife and living that VVife marry another and hath Issue by the second this Issue is a Bastard notwithstanding that the first VVife after dies and shall not take by Discent For that that in the same second Article of Charge it is inquired if any Tenant of the Lord be dead who is Heire and Tenant to the Lord let us now see where the halfe blood is impediment and where not TEnant gives Land to the Father for life remainder to Rich. his Son in taile The remainder to the right Heire of the Father the Father dies Rich. enters and dies without Issue of his Body his Brother of the halfe blood shal have the Land and not the Uncle of Rich. and shall be Tenant and the halfe blood is no impediment 39 E. 3. tit 5. A man Tenant had Issue by two severall Bellyes and dies the eldest Son enters and endowes his Mother the Heire dies without Issue the Tenant in Dower dies the youngest Son of the halfe blood shall inherit it and shall be Tenant 7 H. 5. f. 2. 58. Assises 6. accordingly Father seised of an Advowson in grosse hath a Son and Daughter by one Belly and a Son by another and dies and the eldest dies before presentment the youngest Son shall be Heir and the half blood is no impediment 3 H. 7. f. 5. Fitzh f. 36. O. If the Father Tenant hath a Son and a Daughter by one Belly and a Son by another and lets to one for life and dies and the Reversion is discended to his eldest Son which dies before the Tenant for life this is no possession that the Daughter shall have the Land but the Son of the halfe blood shall be Tenant to the Lord but if reversion of tearm of yeares were in the eldest Son which dies before the Tearm ended the Daughter shall have the Land and shall be Tenant to the Lord and not the Son for halfe blood is impediment 5 Ed. 4. f. 9. But in the case next before where there is a Rent reserved upon the Estate for life by the Father and the eldest hath the reversion and Rent and dies the Daughter there shall inherit and the halfe blood is an impediment to the Son to be Heire and Tenent yet if the Father dies and the eldest Son dies before payment of Rent there it is otherwise 35 Book of Ass 2. If a man Tenant hath Issue two Daughters by severall Bellies and dies and they enter and make division betwixt them if one dye without Heire generall or speciall her part shall escheate to the Lord and not discend to the Sister of the halfe blood but if that Sister hath an Uncle it ought to discend to him and if he enter and dies without Issue it shall discend to the Sister of the halfe blood see Littleton fol. 3. Natura brevium fol. 10. If a man Tenant hath three Daughters by on Belly and a Daughter by another and dies and the foure Daughters enter and two of them by the first Belly dye now the third of the whole blood shall have three parts and shall be Tenant of that to the Lord 10 Ed. 3. Tit. 13. and 10 Ass 27. accordingly Note that the possession of a Brother to make the Sister inheritor and not the Son of the halfe blood is only of fee and not of fee taile 32 Ed. 3. Tit. 8.37 Book of Ass 15. accordingly If the Donee in taile have a Son and a Daughter by one Belly and a Son by another and dies and the Son of the first Belly enter and dies seised without Issue the Son of the second Belly shall be Heire and Tenant to the Donor and not 〈◊〉 the Daughter Natura brevium fol. 147. If a man hath a Son and a Daughter by one Belly and a Daughter by another and Lands are given to the Father for life the remainder to the Son in taile the remainder to the right Heires of the Father the Father dies and the Son enters and dies without Issue the two Daughters shall be Heires and Tenants to the Lord for the Son was not actually seised of the Fee 5 Ed. 1. Tit 14.32 Ed. 3. Tit. 9.24 Ed. 3. fol. 24. and 37. Book of Ass 4. accordingly The possession of the Brother of Lands held by Knights service there the possession of the Guardian if the Son dyes in Ward is possession of the heire to make the Sister inherite and to be Tenant to the Lord and not the Son of the halfe blood 8 Ed. 3. tit 12. and 8 Booke of Ass 6. accordingly Lands discends to two Coparceners which are by severall bellies and one dye before entry into the Land the other shall have Mortdancester as heire of her Father of the whole Land for that that the other was never seised 34
she be of the age of 14 years there she shall be in ward but to the age of 14 yeares and then may sue Livery for the two years to make 16 years are not given but to tender marriage and for that she shall be out of ward at 14 years The husband seised in fee of Lands held in Knights service enfeoffs diverse at this day to the use of himselfe and his Wife and the heires of their two bodies begotten and for default of such Issue to the use of the right heires of the Husband and the Husband and the VVife have Issue within age and the Husband dyes though the VVife live and hath the Land the Issue shall be in VVard of the body as it is sayd The same Law where a man seised in Fee of Lands held by Knights service makes a gift in taile to J. S. the remainder to his right heires and dyes his Issue within age he shall be in ward of the body though Tenant in taile have the Land If a Reversion of an Estate for life or for yeares be in my Father and that discends to me I shall be in ward but otherwise it is of a Remainder but if a Remainder of an Estate for life be in my Father and that discends to me and after Tenant for life dyes I shall be in ward 11 H. 7. fol. 19. 33 H. 6. fol. 6. 8 Edw. 3. tit 23. and 33 Edw. 3. tit 8. By Choke If Infant be Tenant for life and the Reversion discends to him he shall not be in VVard 9 Ed. 4. fol. 19. Where an Estate is to an Husband and his VVife and to the heires of the body of the Husband the remainder to the right heires of the Husband the Husband hath Issue within age and dyes the VVife is Tenant to the Lord and for that the Issue shall not be in ward And if Lands be let to one for life the remainder to the right heires of J. S. the same J.S. dyes and Tenant for life dyes T. S. being right heire of J. S. and within age shall not be in ward for he is a purchasor 15 Ed. 4. fol. 10. Tenant for life the remainder to another in taile he in remainder dyes his Issue within age the Issue shall be in VVard if Tenant for life be dead 33 H. 6. fol. 6. Tenant for life the remainder in Fee dyes his heir shal not be in VVard for Tenant for life is Tenant Lord and Tenant the Tenant is disseised and dyes his Issue within age he shall be in VVard Fitzh fol. 142. B. C. D. Stamf. fol. 8. the same 3 H. 4. fol. 16. the same Littleton fol. 87. the same Lord and Tenant the Tenant hath a Daughter within age being his heire and he marries that Daughter to a Husband of full age and dyes the Lord shall not have VVard of the body but if he marry his Daughter to a Husband within age shee shall be in VVard Natura brevium fol. 98. Tenant for life the remainder in taile to the Husband and his VVife the remainder to the right Heires of the Husband the Husband and the Wife dye his heire within age living the Tenant for life the heire shall not be in ward Fitzh 143. A. A man makes a Feoffment before the Statute of Uses to the use of himselfe for life the remainder to W.S. in taile the remainder to the right Heires of the Feoffor the Feoffor dyes and W.S. dies without Issue the right heire of the Feoffor being within age shall be in ward for he is in by discent for the Fee was not out of the Feoffor But where one makes a Feoffment in Fee upon condition to re-enfeoffe him and the Feoffee gives to the Feoffor for life the remainder to another in taile the remainder to the right heires of the Feoffor and the Feoffor dyes and he in remainder in taile also dyes without Issue the heire of the Feoffor within age he shall not be in ward 32 H. 8. tit Ward 93. Estate is made to one for life the remainder to the Husband and Wife in taile the remainder to the right heires of the Tenant for life the Husband and the Wife have Issue a Son which hath Issue two Daughters and after the Son and the Wife dyes and after the Son dyes and after the Tenant for life dyes the two Daughters within age shall be in Ward 28 Ed. 3. tit 48. Marlebridge chap. 6. Gives the Lord remedy where his Tenant aliens by Collusion to defraud the Lord. Marlebridge chap. 16. Gives Mortdancester for the heire in Ward against the Lord unlesse he may have his Land at full age Prerog chap. 6. If a Woman before the death of her Ancestors which holds of the King in cheife before the yeares of marriage be marryed then the King shall have the Custody of her body till the age that shee may consent and then let her choose c. If an Infant be marryed before the yeares of marriage in the life of her Father and the Father dyes and the Wife dyes before the dayes of marriage of an Infant yet the Infant shall be in VVard and shall be marryed againe by the Lord Stamf. fol. 27. 5 Mar. tit Ward 124. it is held That marriage is as nothing for shee may marry another without Divorce within the yeares of marriage A gift is made to one in taile the remainder to the right heires of J. S. which was dead T. S. hath that as right heire but if he be within age he shall not be in VVard for he is in as purchasor 12 Ed. 4. fol. 2. 7 H. 4. fol. 5. 11 H. 4. fol. 72. 15 Ed. 4. fol. 13. the same A VVoman of the age of fifteen yeares at the time of the death of her Ancestor shall not be in VVard for the Lord shall not have VVard there till sixteen 35 H. 6. fol. 48. 28 H. 8. tit 86. If the King hath a woman in VVard and shee marry before fourteen shee shall be in VVard but to fourteen for the two yeares are given to tender marriage and shee is marryed See Westminst 1. chap. 22. Merton chap. 6. Gives ravishment of VVard and double value And Merton chap. 7. gives the value of the marriage West 2. chap. 12. Magna Charta chap. 6. The heires shall be marryed without disparagement Merton chap. 7. Of Lords which marry those that they have in their custody to Villaines or others as Burgers where they are disparaged If such an heire were within fourteen yeares and of such yeares that shee cannot consent to the marriage then if the Parents complaine of that Lord the Lord shall loose the custody till the age of the heire c. But if shee were of fourteen yeares and more and agreed to such marriage no punishment follows Littleton 21. See what are disparagements and what not Now let us see where your Lord shall loose the ward for that that he holds part in cheife and what
without Issue the youngest Son shall pray releife and the Fee was but in expectancy 40 Ed. 3. fol. 9. A gift to three Brothers for life the remainder to the middlemost in taile the remainder to the right heires of the elder in Fee the middlemost and the youngest dye without Issue the Fee is executed in the eldest 40 Ed. 3. fol. 20. Tenant for life the remainder to J. S. in taile the remainder to the right heires of the Tenant for life the Tenant for life is impleaded and hath ayde of him in remainder for that that the Fee is in expectancy 41 Ed. 3. fol. 16. Lease for life the remainder in taile the remainder to the Tenant for life in Fee yet if he make waste hee shall be punished in waste for that he hath the Fee in expectancy but not executed Fitzh fol. 60. B. Gift in taile the remainder to his right heires in Fee this remainder is not executed yet it is in him to grant Perkins fol. 19. 12 Edw. 3. the same and 7 H. 5. fol. 2. the same Where one hath an Estate in taile Rastall Treason 12 19. the remainder to his right heires and is attaint of Felony he shall forfeit the Fee but the Issue hath the Estate taile 12 H. 4. fol. 3. But by the Statute of 5 Ed. 6. chap. 12. and 26 H. 8. chap. 13. One attaint of high Treason against the Queen the Issue shall not have the Land intailed 7 H. 8. fol. 48. Fitzh fol. 30. B. Tenant in taile Land is given to R. and Katharine and to their Heires and to the other heires of the said R. If the said heires of the said R. and K. Issuing dye without heire of them it is an Estate taile 5 H. 5. fol. 6. Perk. fol. 35. a. LAnd was given to one and to his Heires if he have Issue of his Body begotten and if not that the Land should return it is an Estate taile 35 Book of Ass 14. Land is given to one to hold to him and his heires if he have an heire of his own flesh and if not it should return it is an Estate taile 37 Ass 15. Land is given to one to have to him and the heires of his Body and to one heire of the said heire only it is and estate taile for two Discents at least Plowdens Commenfol 39. Book of Assises 20. Gift to the Brother and to his Sister and to the heires of their two Bodies begotten is an Estate taile that is severall tailes 18 Ed. 3. f. 39. and 17 Ed. 3. f. 51. Land is given to a married man and to a woman married to another man and to the heires of their Bodies begotten they have an Estate taile presently 15 H. 7. fol. 10. If Lands be given to one to have and to hold to him and his Heires And if it happen that he dy without heire of his Body then it shall remaine c. It is an Estate taile 5 H. 5. f. 6. and 19 H. 6. f. 75. the same Land is given to the Husband and to his Heires of the Body of Margaret his Wife begotten though that Margaret were dead at the time of the gift it is an Estate taile 12 H. 4. f. 2. Lit. f. 6. Lands was given to the Husband and his Wife and to their heires saving the reversion it is an Estate taile 9 Ed. 3 Statham Lands were given to Maude late the Wife of John Mandevill and to the heires of the said John which he begot of the body of the said Wife the Wife hath an Estate for life the Issue an Estate taile 2 E. 3.7 17 E. 2. Tit. Fitzh 23. Taile 7. 23. Where lands were given to one and his Heires of his body begotten before the Statute of Westm 2. he had fee conditionall and after Issue had had power to alien and now by the Statute they have taile Lit. f. 3.12 Ed. 4. f. 3.19 Ed. 2. Tit. 61. and 18 Book of Ass 5. the same A man gives to the Husband and his Wife for their lives and the longest liver of them the remainder to the Heires of their Body this is a good intaile executed immediately 35 H. 8. Brook Estates 75. Lands are given in frank-marriage to have to them and to their heires it is said that they have Fee but if it were given to them in taile to have to them and their Heires they have taile and Fee expectant 45 Ed. 3. fol. 20. and 32 Ed. 1. there Fitzh Taile 25. it is adjudged taile If Lands be given to a man and his Wife in frank-marriage to have to him and to his heires they have taile for the frank-marrying shall not be defeated by these Words afterwards 31 Ed 1 Tit 25. Lands are given in Frank-marriage the remainder over to a stranger and for that it cannot be an acquittall it shall be called speciall intaile 31 Ed 3 Tit gard 116 and 17 Ed 3 Taile 2. Gift to one in taile the remainder to his right heires he hath taile and Fee expectant 7 H 5 fol 2. Lease is made for life the remainder to another in taile the remainder to E. Daughter of the Earl of Arundell in taile saving the Reversion and all dye and E. is heire to the Donor and hath taile as Purchasor but shee hath fee expectant and she shall have aid but not age if she be within age for that that the Fee is but in expectancy 40 Ed 3 f 13. 24 H. 8. Tit. 33. Tenant in taile hath Issue and aliens with warranty and levies Assets and dies the Issue cannot recover by Formedon for the Warranty and Assets is a Barr and if the Issue alien the Assets his Issue shall not have Formedon but his Issue shall have a Formedon for no Assets discends to him 35 H. 8. tit 39. Land is given in taile to the King and after the King by his Patent lets for yeares or for life and hath Issue and dyes the Patent is voyd for it is no discontinuance Tit. Discent 35. for a Grant without livery doth not make discontinuance 32 H. 8. If Tenant in taile lets for yeares and dyes without Issue the Lease is voyd and hee in remainder may enter 5 Ed. 4. fol. 2. Tenant in taile shall not have a Quo Jure nor Ne injuste vexes for they are VVrits of Right 14 Ed. 4. fol. 6. If one recover in a Writ of Right against Tenant in taile of a Rent he hath Fee till he be defeated The same Law if tenant in tail be disseised the disseisor hath fee till he be defeated and so hath the discontinuee 39 Ed 3 tit 18 Tenant in tail of a Lordship by default of entry within a year after the alienation of the land in Mortmain may prejudice him in remainder in tail and by consequence his issue Fitzherbert 224 Tenant in tail shall have a Quod permittat Fitzherbert 136 shall have a VVrit of Mesne Fitzherbert 151 O shall have a VVrit of customes and services
by the Statute of 35 H. 8. chap. 20. It shall not binde the Issue in taile but that he may enter see M. 33. H. 8. Tit. 31. Recovery in value Seek if the Statute of 34. 35. H. 8. Provides for any Issues in taile but only the Issues of the Donees of the King for the Preamble speakes only of those but the Statute is whereof the reversion or remainder is in the King and for that it seems every Issue in taile where the Reversion or remainder is in the King may enter but a Fine with Proclamation by such Tenant in taile the Reversion or remainder in the King seemes is not remedied by this Statute but by 32 Hen. 8. chap. 36. Where Reversion is in the King is no discontinuance for though the Heire in taile shall be barred by Fine with Proclamation after Proclamation made yet there is an exception in the Ststute of those whereof Reversion or remainder is in the King so that it shall not binde such Issue in taile title assurance 6. see 4 H. 7. chap. 24. 37 Hâ—â— Where Tenant in taile is attaint of Treason before the Statute of 26 H. 8. His Son shall have the land for he doth not claime only as Heire but by the Statute and by the form of the gift see the Statute of 5 and 6. Ed. 6. chap. 11. That for high Treason Tenant in taile shall forfeit his Lands Com. f. 237. 27 H. 8. f. 6. If Tenant in taile sell Trees and dies and after he that hath bought them cuts them trespasse lies but if they be cut in his life time it seems the Buyer may take them 18 Ed. 3. Tit. Disseisin 92 Where Tenant in taile is bound in a Statute and dies and his Issue enters and the Conisee outs him by execution which is an act of Law he is a Disseisor Plowd Com. f. 235. before the Statute of Westm 2. he had but an Estate of Inheritance and that was Fee but this was in two manners absolute and conditionall and Formedon in Reverter was at the common Law and Formedon in Remainder by the Statute 1 H. 4. f. 6. If Tenant in taile by Estoppel or livery suing holds of the King and dies his Issue shall not be Estopped 43 Ed. 3. f. 14. Presentment to an Advowson in the life of the Tenant in taile puts him during his life out of possession but not his Issue 38 Ass 5. Tenant in taile is bound in Recognisance and Execution is sued by Elegit and this Land delivered in execution and after the Tenant in taile dies his Issue may enter without suing Audila querela 17 Ass 21. If Tenant in taile be bound in a Statute and hath Issue and dies and after execution is sued against the Issue this is disseisin to him and he shall have Assise though he comes in by processe by Law 14 Ass 3. It seems if Tenant in taile be bound in a Statute and dies and after his Issue infeoffs J.S. that the Conisee may have Execution against the Feoffee 35 H. 8. fol. 38. If the King gives in taile by his Letters Patents and after the Donee surrenders the Letters Patents to the King the taile by this is not extinct 38 H. 8. Tit. 39. Land is given in taile to the King he is Tenant in taile and cannot have greater Estate then the giver will depart to him and if the King let for yeares or for life or make a Feoffment in fee and hath Issue â—nd dies the Issue may enter for this is no discontinuance Tenant in Frank-marriage GIft was to the Husband and his Wife in Frank-marriage and this may be as well after the marriage as before 4 Ed. 3. Title Taile 6. Perkins fol. 48. C. If a gift be made with a woman in Franke-marriage which is not Cozen to the giver this is but for life Old Tenures Gift in frank-marriage with the Son of the giver his Cozen is no frank-marriage Time of H. 8. Tit. 10. but Fitz f. 172. H. and 7 E. 4. f. 12. A. by Moile in the Prior of Spaldings case seems contrary Gift in frank-marriage within the yeares of Marriage with a Daughter and they were divorced at full age at the Suit of the Husband yet the Daughter shall have all for she was the cause of the gift 19 Book of Assise 2. 19 Ed. 3. Title Assise 83. If a gift be to the Husband and his VVife in taile and they are divorced it seemes that they have not now but a freehold and though that they have Issue before the Divorce that shall not inherite But if a gift in tayle be made to two men or to one man and his Mother or Daughter and to the heires of their bodies their severall heires of their bodies shall inherite for that that they cannot marry 7 H. 4. fol. 16. and 17 Ed. 3. fol. 51. and Title tayle the 15. This is where the Divorce defeats the marriage from the beginning Gift in Frank-marriage rendring twenty shillings rent this reservation is void 4 H. 6. fol. 22. by Martin But the old Tenure is contrary tit Frank-marriage and 17 Ed. 3. fol. 66. also contrary If a gift be in Frank-marriage with his Cozen rendring Rent this is Intaile and not Frank-marriage and if a gift be with a Woman in Frank-marriage which is no Cozen to the giver this is but for life See before the 45 Ed. 3. fol. 20. If a man give in Frank-marriage rendring Rent the reservation is voyd till the fourth degree be past 26 Book of Ass 66. Land was given to a man and his Wife in Frank-marriage to have and to hold to the Husband and his heires and adjudged they have taile and not Fee for the frank-marriage shall not be defeated by words afterwards 32 Ed. 1. tit Taile 25. Reversion was given with his Daughter to one in Frank-marriage and is good 26 Ed. 3. tit 27. Taile Gift is made with Agnes his Daughter to A. in Frank-marriage and after A. marries Agnes and dyes and hee gives another Acre with Agnes to B. her second Husband in Frank-marriage and both are Frank-marriage 31 Ed. 1. tit Taile 30. Gift in Frank-marriage the remainder to J. D. in fee is not good for there cannot be an acquittall where remainder is given over Time of H. 8. tit 11. 19 Ed. 3. tit 1. If Lands be given in Frank-marriage to have for their lives the To have shall not abridge but inlarge the Estate and for that is is Frank-marriage 2 E. 3. tit 94. One gives Land to A. with Alice his Daughter in Frank-marriage to have and to hold to the aforesayd A. and his heires and it seemes Frank-marriage 13 Ed. 1. tit Formedon 63. I. gave R. and Alice his Daughter Lands in Frank-marriage to have to the aforesaid R. and Alice and their heires or to whom he will assigne it and the sayd R. did beget no heire of the sayd Alice nor the sayd R. and A. did not assigne it to any
in their life time and it seemes that after the death of R. and A. without Issue the Land ought to revert to J. See 45 Ed. 1. fol. 20. Tenant after possibility of Issue extinct TEnant after possibility of Issue extinct shall not have ayd of him in reversion but he in remainder shall be received upon his default 2 H. 4. fol. 17. 7 H. 4. f. 10 11 H. 4. fol. 14. the same Time of Ed. 1. Fitzh wa st 125. shall not be punished in wast Nor shall be compelled to attorn in a Quid juris clamat 46 Ed. 3.25 39 Ed. 3. the same and 12 Ed. 4. fol. 3. the same If he alien he in reversion may enter for forfeiture 45 Ed. 3.25 11. H. 4. f. 14. the same 10 H. 6. f. 1 and 39 Ed. 3. f. 20. Tenant after possibility of Issue extinct shall not have wast 2 H. 4. f. 21. wast doth not lie against Tenant after possibility of Issue extinct 45 Ed. 3. f. 25. He shall not have aid but if he alien he in reversion may enter for forfeiture 10 H. 6. f. 1. 39 Ed. 3. f. 20. Lit. f. 7. and 11 H. 4. f. 14. the same 39 Ed. 3. tit 17. Taile Tenant after possibility of Issue extinct which is impleaded shall not have aid of him in reversion but if he alien in Fee he in reversion may enter and shall not be compellable to attorn nor wast lies against him but if he makes default after default he in reveresion may be received Tenant by the Curtesie IF a married woman be Tenant after possibility of Issue extinct and the Fee discends from her Ancestor and she dies it is held that the Husband shall be Tenant by the curtesie 9 Ed. 4. f. 19. and 14 Ed. 3. f. 7. Husband discontinues Lands of his Wife and takes an Estate again to them in fee and hath Issue and the Wife dies then the Husband shall not be Tenant by the curtesie 9 H. 7. f. 1. If a man have Issue by his Wife Inheritrix though she had Issue a Daughter before she inherited yet he shall be Tenant by the curtesie 21 H. 3. Title Dower 198. If a woman Signioresse take her Tenant to Husband and hath Issue and dies the Husband shall not be Tenant by the curtesie of Services 1 Ed. 3. Tit. Dower 70. A man shall not be Tenant by the curtesie unlesse his VVife have possession in Deed of it but of an Advowson and Rent where she dyed before day of payment he shall be Tenant by the curtesie 21. Ed. 3. fol. 49. the same If the Issue be born living notwithstanding that he dies before he be heard cry the Husband shall be Tenant by the curtesie for the Issue shall not be taken if the Infant were heard cry after he was born but if he were born alive or not Perkins f. 89. A man seised of Land in fee is attaint of felony his Wife shall loose Dower but if the VVife seised in fee be attaint of felony and hath Issue by her Husband and she is hanged yet the Husband shal be Tenanr by the curtefie 21 Ed. 3. f. 49. A man takes a VVife seised in fee and hath Issue he commits felony for which he is attaint the King pardons him it seems he shall not be Tenant by the curtesie by reason of the Issue which he had before his attainder but if he had Issue after his pardon it is otherwise 13 H. 7. fol. 17. If a man takes a VVife seised in fee and she is attaint of Felony and hanged the King shall have the Land forthwith if the Husband were not intitled to be Tenant by the curtesie 11 H. 4. f. 19. b. Daughter and Heire endows her Mother and after takes a Husband and hath Issue and dies the Mother after dies the Husband shall not be Tenant but by the curtesie of that 8 Book of Affises 6. 3 H. 7. f. 5. If Rent discends to a Daughter which takes a Husband and she dyes before the day of payment the Husband shall be Tenant hy the curtesie Fitzh f. 149. D. A man shall not be Tenant by the curtesie of Land of the VVife unlesse the VVife have possession in Deed of that Land if it be not in a special case as of Advowson or Rent where she dies before the day of payment of the Rent Tenant in dower THE Wife after the death of her Husband shall remain in the cheife House by forty daies after the death of her Husband within which daies her Dower shall be assigned unto her unlesse before it were assigned and there shall be also assigned unto her the third part of all the Land of her Husband which was his in his life time Magna Charta chap. 7. Of Widowes which cannot have their Dowers without Suit that is that whosoever shall deforce them of their Dowries of the Tenements of which their Husbands died seised and afterwards the same Widowes by Suit recover them they shall give unto the said Widowes all their dammages according to the value of the whole Dowrie due unto them from the time of the death of their Husbands Merton chap. 1. If a Woman of her own accord leave her Husband and departeth and liveth with an Adulterer she shall for ever loose her action of recovering her Dower which was due unto her of her Husbands Tenements and be of that convicted unlesse her Husband of his own accord and without cohersion of the Church shall receive her and suffer her to dwell with him West 2. chap. 34. If the Hnsband be attaint convict or out-Lawed of Felony yet his Wife shall be indowed but if the Husband be attaint of Treason his Wife shall not be indowed by 1 Ed. 6. chap 12 5 Ed. 6. chap. 11. Where a woman shall beindowed and where not WHere the Husband Tenant of the King dies and his Wife is committed to the King during that time she shall not have Dower if she be not surprised of Dower 2 H. 4. f. 7. 6 H. 4. f. 7. It seems if a woman takes a lease by Indenture for years that during this lease she is not Dowable but if she take the Lessor to Husband and after he dies she is Dowable notwithstanding the lease 6 H. 4. fol. 7. Fitzh 149. E. the same Dower shall not be where the Husband dies having the reversion of a Free-hold that is of a reversion of an Estate for life as a man lets for life and afterwards takes a Wife and dies 2 H. 4. f. 27. 1 Ed. 6. tit Dower 89. 7 H. 6. f. 9. by June Fitzh 149. C. A woman may be endowed of a mine of Coals but she cannot make new mines for that shall be said wast Where the Estate is made to the Husband for life the remainder to another for life the remainder to the Husband in fee the Husband dies his Wife shall not have Dower unless that the Husband survive him in remainder for life 46 Ed. 3. f.
to Fortescue fol. 85. which is That none is to be sued but by the Law And the case was this That the Husband before that he tooke a Wife made an Estate for life reserving Rent and after he took a Wife and dyed so that by the Law the Wife is not Dowable of the Land much more shee shall not be assigned there by the Homagers but saith the Steward in such a case shee is by the custome of this Mannor dowable in this case and such blinde and unreasonable customes are alleadged many times amongst copy-holders where there is no President nor usage in this case to be shewed But you ought not to allow any custome but that which hath been used from time to time and from time out of minde and there ought to be Presidents in the Court-Rolls or good proofe of that to be shewed to the Court accordingly otherwise it is not to be allowed for a custome And for that that you ought to note what custome ought to have lawfull beginning as might take lawfull effect by Grants at the beginning for if it be against common right and reason it is not good and for that you ought to regard these Grounds and Customes FIrst That it be reasonable 2 H. 4. tit 10. And for that custome that no Tenant of the Mannor put in his Beasts to use his common in Feilds sowed after the corne is taken off till the Lord hath first put in his Beasts is not good for it may be the Lord will not put in his Beasts and then the Tenants shall loose their profits Also that it be according to common right 42 Ed. 3. fol. 4. Prescription of the Sheriffe that the Tenants of the place ought to give to the Sheriffe for easement for reward at the Turne of the Sheriffe halfe a Marke and this is against common right for every gift cometh upon his liberality and at the will of the giver and for that it is not good and also saith that the Sheriffe cannot prescribe Also that it be upon good consideration 42 Ed. 3. fol. 4. In the case next before where the Sheriffe prescribes for that that there is nothing which toucheth the King of which he is charged in account it is not good for there is no consideration And as 5 H. 7. fol. 9. prescription that if any pasture Sheep upon his Land by day that hee may have Foldage of them in the night upon his Land it is good for it is with consideration And you ought to note that prescription custome and usage are as Brothers and yet some thing they differ in their natures for Prescription is when by continuance of time out of memory one particular person hath particular right against another particular person And custome is where by continuance of time out of memory one right is had concerning diverse persons and usage is by continuance of time the efficient cause of them both and usage is the life of Prescription and custome for Prescription and custome have their being by usage of time out of mind c. Custome or prescription that every one which breaks the Lords pound shall pay three pound nine pence is not good against a Stranger to the Lord but that every tenant which breakes the pound shall pay three pound nine pence to the Lord is good for the Lord may give the Tenements of his Tenant to hold by such c. 11 H. 7. fol. 14. So that at the beginning the Lord may create these customes aforesaid amongst copy-holders Custome to prescribe to have used fold-gate in the night for pasture in the day is good for it is one for another and it is with common right 5 H. 7. f. 9. Custome that the Tenant of time out of minde hath used to pay so much for the Marriage of his Daughter is good 43 Ed. 3. and 6. but Littleton fol. 46. contrary Custome or prescription against common Right is not good and for that that it hath been used in Leet that if the petty twelve present false and the other twelve inquire of that and finde that false shall be amerced is not good the same Law for the Lord of the Leet which hath no Land to prescribe to be Lord of Waste 9 H. 6. fol. 44. Custome or prescription of folding Sheep in the night gathered to the Fold is not good unlesse it be as above for their pasture 46 Ed. 3. fol. 13. Custome or prescription that one may keep the distresse till he be satisfied at his Will is not good for it is against common right Lit. fol. 46.5 H. 7.9 Custome or prescription that one shall have the Land to plow and sow and when the Corn is carryed another may have that as his severall is good time of Ed. 2. Tit. prescription 55. Custome or prescription to have Toll through which is in the high-way is not good for it is against common Right but to have Toll travers is good 22 Book of Assise 58. Custome or prescription to have Warren in his Signiory Lands is good but not of Lands which are not held of him 3. H. 6.13.43 Ed. 3.13 and see 44 Ed. 3.13 Custome is good which is not against the Law of Reason nor the Law of God as customes of Gavelkinde and Borough English and Doctor and Student fol. 20. B. Custome that every Tenant of the Mannor ought to pay two Markes for Releife hold they more or lesse is good 40 Ed. 3. f. 6. Custome that the Tenants of the Mannor time out of minde have used to choose a Beadle for them to gather the Lords Rents is good 44 Ed. 3. fol. 13. Custome that none of the Town of D. shall put in their Beasts into the Feild after the corn taken off untill the Feast of S. Michaell is a good custome of the Town after 46 Ed. 3. fol. 24. But custome that none shall put his Beasts into the Feilds after the corn severed and carryed before the Lord put in his Beasts is not good for paradventure the Lord will never put in his Beasts 2 H. 4.24 Custome of the Town of Barton or of a Mannor that a Wife shall have all the Land of her Husband for her dower or a halfe or fourth part is a good custome 2 Ed. 4.17 and 21 Ed. 4. fol. 64. by Choke It is held that custome throughout the whole Kingdome is common Law and one cannot prescribe that it is a custome throughout the whole Kingdome but it is a custome in such a City or such a County 34 H. 8. Tit. custome 59.30 Ed. 3.25 2 H. 4. fol. 18. custome of County 21 Ed. 4.54 Custome of the Town which is no Burrough nor corporation allowed there but see 4 Ed. 3.38 in a reasonable part and see 21. Ed. 4. f. 53. and 54.40 Book of As 27. and 45 As 48. against the custome of the Villiage That he hath been by prescription the keeper of a Wood and custome to have of every comer a measure of
hee shall loose by that THe Lord the King shall have the Custody of all the Lands of those which of him hold in cheife by Knights service of which the sayd Tenants were seised in their Demesne as of Fee the day that they dyed of whomsoever they held by the like services c. Prerogative chap. 1. If any hold of Us by Fee farme or by Socage or Burgage and of another holds Land by Knights service We shall not have the custody of the Heire nor of the Land which is of anothers Fee by the reason of Fee farme or Socage or Burgage Magna Charta chap. 27. 11 H. 7. fol. 18. If one hold of the King in cheife and dyes his heire within age and hath Lands discended from another Ancestor the King shall not have the Lands in VVard which discended from another Ancestor And it seemes if a Remainder be in my Father and that discends to me I shall be in VVard of the body living the Tenant for life otherwise it is of a Reversion for Reversion is a Tenement and held but if a Reversion discend and the Tenant for life living I shall not be in VVard but if hee dye first otherwise it is And if my Father dye seised of a Remainder and the Tenant for life after dye seised during the time that I am within age I shall be in VVard 32 H. 8. tit Ward 97. Where a man holds certaine Land of the King in Socage in cheife the King shall not have Livery of more then of the Land in Socage The same Law where he holds in Knights service of the King Rastall Ward 13. and not in cheife the King shall not have more in Ward but onely that which is held of him immediately If one hold of the King in cheife the King shall have all his Land in Ward as well held of him as of others But otherwise it is if he hold of the King only by Knights Service Stam. fol. 6. Though that the Tenant of the King be in possession of Lands held of others the King shall have them in ward by his Prerogative Stamford fol. 7. Where the Tenant of the King doth not hold of the King in cheife the King shall not have the ward of Lands held of other Lords Stamford fol. 10. Grand-Father Father and Son Infant the Grand-Father is seised of a Mannor held of J.S. and the Father of another Mannor held of the King in cheife the Father dies the King shall have the ward of that Mannor and after the Grand-Father dyes the King shall not have the Ward of his Mannor the Statute of Prerog is That the King shall have the custody of all the Lands c. of which the Tenants themselves were seised of in fee the day that they dyed and for that that the Father was not seised of that the King shall not have it in ward 15 Ed. 4. f. 10. If any hold of the King in fee Farm Socage or Burgage and holds also of another in Knights Service the King shall not have the Lands held of another in Ward by reason of those Magna Charta chap. 17. Where a man holds certain Lands of the King Rastall Ward 3. in Socage in cheif of these he shall not have Livery of more then the Land in Socage 32 H. 8. Tit. 97. Also where one holds of the King by Knights Service and not in cheife the King shal not have more in ward but that only which is held of him immediately during the time that the Lands are seised in the Kings hands in Ward otherwise Lords shall loose their Rents that is to say that they cannot distraine during that time Stam. f. 9. Where one holds part of his Land of the King in cheife and part of another Lord and dies his heire within age and the King seises the Ward of all it seems that the Rent of another Lord and Service is but suspended for the time that it is in the hands of the King 26 H. 8. fol. 9. The Signiorie of another Lord in the case next before is suspended but from the distresse during the possession of the King 13 H. 7. f. 15. If a man holds part of the King and part of another Lord and dies his Heire within age which intrudes at his full age and paies the Rent to the other Lord this is a good Seisin and shall binde him after he hath sued his Livery for the Signiorie was not suspended by the possession of the King but only the distresse for after Livery the other Lord may distrain for the Arrearages due before see now 34 H. 8. Tit. Seisin 48.2 Ed. 6. chap. 8. That the Lords shall have their Rents during the minority at the hands of the Kings Officers 26 H. 8. Tit. ward 85. If the Kings Tenant alien in fee without license and dies his Heire within age the King shall not have ward for that that there is nothing discended to him for the alienation is good saving the trespasse to the King which is but Fine by Seisor 1 H. 7. f. 5. If the Heire intrude upon the possession of the King and levy a Fine this is void by the Statute of Prerog chap. 13. Which is where one intrudes there ariseth unto him no Free-hold but if the Heire levy Fine without intrusion that shall binde him and his Heires Time of H. 8. Tit. alienation 22. Tenant of the King in cheife cannot alien for tearm of life without license for he alters the Free-hold Magna charta chap. 4. If a Guardian by the Kings Grant makes destruction or waste he shall loose his Guardianship c. Magna charta chap. 5. The Guardian shall keep up the Houses Parkes Warrens Stanks Mills c. West 1. chap. 11. Where a Tenant lets for yeares and dies the Lord by Knights Service in time past might have outed a Farmor during the Nonage but it is not so at this day IF the Tenant let for yeares and dies his Heire within age the Guardian shall out the Farmor yet he shall have Covenant against the Heire at his full age for this Tearm which the Guardian hath during his Nonage 34 Ed. 1. Title 120 Guardian may out the Farmor and yet at full age the Lessee shall have his Tearm again Britton fol. 163 It is held that a Guardian may out the Farmor for yeares but not the Farmor for life 5 H. 7. f. 37. Fitzh f. 142. C. the same 33 H. 6. f. 47. the same and 14 H. 7. fol. 24. Guardian cannot out Tenant by Elegit but he may out the Farmor Statham 1 Ed. 3. Tit. 13. 1 Ed. 3. fol. 103 by Sharde A Guardian may out the Farmor and so may out him which hath execution by a Statute Merchant inquire of Tenant by Elegit 33 H. 6. fol. 47. and 36 Ed. 3. Tit. That Guardian may out Tenant by Statute Merchant Guardian in Knights Service cannot out the Termor 36 H. 8 Lease 58. 35 H. 8. Tit.
Tit. avowrie if one avow for hariot and saith that he and his Ancestors have been seised time out of minde yet he ought to alleadge a speciall Seisin in him or in one of his Ancestors and to say by whose hand c. 38 Ed. 3. Tit. 2. Br. It seems where the Tenant holds by hariot service that is if he be to have the best Beast the Lord may seise as well as for hariot custome for that it is certaine and for hariot custome he shall alwaies seise and not distrain for that that the property is in the Lord 27 Book of Ass 24. 8 H. 7. f. 10. 13 Ed. 3. Tit. 9. Brook For hariot custome he may have an action against whosoever conveyes it away and a Detinue against him which denies it for he hath property in the thing and the Law adjudgeth possession in him without seisure as of the Body of a ward which is transitory Time of H. 8. for hariot custome a man alwaies shall seise and if it be conveyed away he may have a Detinue and for hariot service as here conveyed away he may distraine but not for hariot custome 3 H. 6. f. 45. Trespasse the Defendant prescribes in him and his Ancestors Tenants of the Mannor of D. to have the best Beast for hariot upon every surrender and the Horse taken was the best the Plaintiff saith that the property of the Horse was not in the Tenant time of the surrender and a good Plea Livery of Seisin For that that you give in the second Article of Charge to know what Estates your Tenants have for that something shall be said afterwards which is an Estate in Fee and which in taile and also of other Estates and first for that to Feaffments Gifts and Estates made in taile and for life by you to others there ought to be Livery of Seisin let us see what is good Livery upon the Land and what within the view of the Land and what not IF Liver 〈◊〉 made and the Termor for years be not outed this is not good 21 H. 7. fol. 7.19 H. 6.56.2 Ass 1.5 Ass the last and 7. Ass 3. And he to whom the Livery is made stay a night with the Termor and not out the Termor yet this is not good Britton fol. 102. and 29 Ass 60. If Livery be made and the Termor be not put out upon the Livery or that he attorn it is not good 5 Book of Ass 8. If a Feoffment be of two Mannors whereof one is in Lease for yeares and the Livery is made in the other which is not in Lease this in Lease doth not passe for there shall be Livery made in that also or otherwise the Termor ought to attorn 11 H. 4. fol. 71. To deliver a peice of Earth of the land to him which takes the Seisin is a good Livery 2 Book of Assises 1. The Sheriffe may deliver Seisin of Rent recovered by Beasts Grasse or Clod and it is good 40 Ed. 3. fol. 22. Perkins 42. Office is granted in Forrest to which land is belonging and Seisin is delivered by a Horn and an Axe and is good 1 H. 7 f. 17. the old print A man makes a Feoffment to a Woman and when he comes to the Church doore to be married he delivers to her the Deed and there shews to her the land and is a good Livery 39 Ed. 3. fol. 11 and 38. Ass 22. Where one is sick in his House and delivers the Deed of Feoffment in name of Seisin it is good Perk. fol. 48 A Deed by I have given and granted or I have given only sufficeth to a Disseisor if he deliver to him the Deed without other Livery for it is a confirmation Littleton 121. One lying sick in his House makes a Charter of that and saith take and keep according to the Charter and he takes Seisin and the Feoffor be not out and yet good so it is in the same case if he say take Seisin and command all the Servants to attend on him 27 Book of Ass 61. Perkins f. 43.44 43 Ass 20. There may be Livery within the view as I deliver to the Feoffee a Deed of feoffment and I say that I will that you shall enter into the same lands and have them according to the Deed it is good if you enter Perk. fol. 43. and 18 H. 6. f. 16. The Father infeoffs his youngest Son of a◠House and the youngest Son come into the Church of the same town where the House is and saith in the presence of the Parishioners Father so frankly as you have given to me the House I give that to you and the Father goes to the house and enters and dies seised and is good and the eldest Son shall have that and not the youngest 39 Ass 12. Per kins f. 44. the same and 42 Ed. 3. Feoffment 54. Note that it is notorious and this the reason The Father makes a Feoffment and a Letter of Attorney to L. to make Livery and before the Deed delivered commands L. to make Livery upon condition and he makes that upon condition it is good 28 Book of Ass 439. A man makes a Feoffment by Deed simply but he delivers Seisin upon condition the Feostee takes it conditionally and not by the Deed 8 H. 5. fol. 8.18 Ed. 3. fol. 19. and 18 Ed. 4. f. 12. Littleton fol. 83. The Father for advancing his youngest Son makes to him a Charter and a Letter of Attorney when he was of sound memory and after by sicknesse cometh mad so that he was dumb at the time of the seisin delivered but by all signes agreed and this is a good livery 25 Book of Assises 4. If a Lease be made for life by Deed and the Lessor saith Go you and enter but no livery is made though that he enter yet by Newton hee hath but an Estate at will and no Freehold 18 H. 6. fol. 16. When one makes a Feoffment and delivers the Deed to the Feoffee and said God give you joy this is a good livery 41 Ed. 3. fol. 17. Abridg. Ass fol. 94. and 41 Ass 10. but it seems it was within the view Feoffment is good of Lands by Deed and delivering the Deed within the view of the Land so that the Feaffee enters accordingly but if the Feoffor dye before the Feoffee enter then the Land discends and the Feoffment shall take no effect Time H. 8. B. Feoffments 70. A man makes a Feoffment to another and delivers to him the Deed in the Land or upon the Land this is a good Feoffment by all the Court 35 H. 8. Brook Feoffments 74. Note by these is to be gathered that where the Feoffor delivers the Deed within sight of the Land to the Feoffee and he enter this is a good livery and seisin but if hee doe not deliver the Deed within the view nor use words within the view which may countervaile livery I suppose free-hold doth not passe If a Lease be made for
243. 26 Ed. 3. tit 246. Note as it is aforesaid that suit of Court is not incident to a Tenure but is due by Formam charte or by prescription as before the said Statutes Lords are to distraine every Tenant to make suit to their Courts and that suit is called suit service If a man seised of two Acres held by one Hauke makes a Feoffment of one the Feoffor shall hold by one Hauke and the Feoffee by another Littleton fol. so shall it be of suit of Court Brook Tenure 64. Tenant in Dower shall not make Suit if the Heire have sufficient land to be distrained Naturae Brevium fol. 159. B. Tenant in Fee It behooveth that the Steward shall have knowledge of all manner of Estates because of making surrenders of Copy-holders and also because of their Suits Wards Releifs and Services for if the Steward do not know the Estates of the Tenants how can he do Justice And for that somthing ought to be said of Estates and first of an Estate in Fee WHere lands are given to the Abbot of Battell and his Covent he hath Fee for that that they are a Corporation and Corporation iâ— intended to have continuance 11 H. 4. fol. 84. Br. Inquire and see in the next case Where land is given to Maior and Comonalty of London they have Fee without more saying that is without saying to have to them and their Successors 11 H. 7. f. 12. Notwithstanding it seems that Spirituall Corporation may die in some case If I have Common in the Land of an Abbot and I release to an Abbot and not to him and his Successors the Common is extinct but not for the life of the Abbot 26 H. 8. fol. 6. Where land is given to two to have and to hold to them and heires and Suis is left out they have but an Estate for life and not Fee 19 H. 6. f. 73. 20 H. 6. f. 35. the same Devise to one for ever be to him and his Assignes for ever he hath Fee 19 H. 6. f. 9 Where a Devise is to one without more that is is not said what Estate is for life only 22. Ed. 3. Where a Devise is to one and his Heires Males he hath taile and not Fee 27 H. 8. f. 32. If land be given to one to have and to hold to him and his Heires Males he hath Fee Littleton fol. 6. and 9 H. 6. fol. 25. A man devises his land to one to give and sell or to do with that at his will and preasure he hath Fee without more 19 H. 8. f. 9 and 7 Ed. 6. Tit. Devise 39. If a man devise his land to J.S. paying to J.D. a 100 l. J.S. hath Fee but if be devise to J.S. without more he hath but for life and in the first case if he do not pay that in his life time yet if his Heires or Executors pay it that sufficeth therefore it seemeth payment is not a condition there 29 H. 8. Tit. Testament 18. If lands are given to an Abbot or Prior to have to him and to his heires yet he hath not an Estate but for life for that that his heires cannot inherit otherwise it is where land is given to a Bishop or Parson and his Heires for they have Fee 94 H. 5. f. 9. If lands be given to B. for life the remainder to C. in taile the remainder to the right heires of B. the Fee is vested in B. if C. dye without Issue in the life of B. as well as if the remainder were given to him and to his right heirs and the right Heire of B. shall be in by discent if C. dye without Issue and not as a Purchasor 18 Ed. 2. Tit. 109. If Tenant in Fee bargaine and sell his land by Deed Indent and inroll within six Moneths to another though it be not to have to him and his heires he hath in Fee 27 H. 8. f. 6. and fol. 10.32 H. 8. Tit. conscience the twenty fifth the same If lands be given to J.S. to have to him in Fee simple yet he hath no Fee but for life 20 H. 6. fol. 36. But if land be given to one to have to him and his heires so long as such a Tree growes hath Fee determinable 27 H. 6.29 B If a man lets land to J.S. to have and to hold to him and his heires for tearme of the life of J.D. he hath Fee determinable for if J.S. dye living he for whose life the heire of the Lessee may enter and not a stranger as Ocupans Lit. fol. 136. 8 H. 4. fol. 14. You shall see the same 21 H. 8. Tit. Estates 50. and inquire If a man devises lands to J.S. paying ten pounds to his Executors and dies J.S. hath Fee by reason of the payment without words heires The same Law is if one sell his land to J.S. without words heires he hath Fee 4 Ed. 6. tit estates 78. Lease was made for eleven yeares and for security of that made a Writing that if he were disturbed he should have Fee and Livery was made and hath Fee upon disturbance 10 B. of Ass 15. 10 Ed. 3. Tit. Ass 161. the same Lease is made to one for twenty yeares and the Writing expresseth over that after the twenty yeares that the Lessee and his heires shall hold it for ever paying ten pounds and Livery is made he hath Fee forthwith for if the Lessor takes a VVife within the twenty years and dies shee shall recover Dower by award of the Court 31 Ed. 3. tit Feoffment 119. If a man lets for nine yeares upon condition that if the Lessee be disturbed within the tearme that the Lessee shall have Fee if the Farmor alien before disturbance this is disseisin to the Lessor for the see is not in the lessee before the condition broken 43 Book of Ass 41. If Lands be granted to one for five yeares upon condition that if he shall pay to the Grantor within the first two yeares forty Marks that then he shall have fee or otherwise but for five yeares and Livery and Seisin is made he hath fee forthwith upon condition Littleton 81. See 14 H. 8. fol. 25. Diversity where the condition is precedent and where subsequent The Lord Lovell let to W. for life and if the Lessor dyed without Issue of his body W. should have Fee the Fee is not forthwith in W. Plowden fol. 481. Land is given to the Husband and his Wife in speciall taile the remainder in Fee to the Husband which deviseth the Fee to his Wife and dyes without Issue the Wife is seised in Fee 27 Book of Ass 60. Lit. fol. 31. B. If a Woman be seised in Fee and deviseth that to her Husband and his heires and dyes he hath no Fee Natura brevium fol. 88. 3 Ed. 3. Journey to Northampton 33 Ass 3. the same 18 E. 4. fol. 11. B. 18 H. 8. tit Patentees 104. The King gives Land to J. S. and to his
16. B. by Finchden If a lease be made of lands for years to A. the remainder to B. for life the remainder to the right heirs of B. and after B. takes a wife and dies during the term of years his Wife shall recover Dower But execution shall cease during the term of years Perkins fol. 67. A. 1 Ed. 6. tit 89. VVhere a woman is endowed of land which her Husband took in Exchange she shall not be endowed of the land given in Exchange 31 Ed. 2. tit Dower 204. 17 Ed. 2. tit Dower 162. the same VVhere the Husband holds joyntly with one and no partition made his wife shall not be endowed 8 Ed. 2. tit 167. Littleton f. 9. the same VVhere the Husband enters in Religion the heir shall inherit and yet his wife shall not be endowed for the wife may have him again out of Religion 32 Ed. 1. tit 136. Perkins f. 91. D. the same If the Husband be Tenant in common with two others in Fee and dies now his wife shall be endowed but not by metes and bounds Eitzberbert fol. 149. I Littleton fol. 9. the same If a villain takes a wife and purchaseth land and after the Lord enters and then the villain dies the wife shall be endowed 19 Ed. 2. f. 71. A woman of eight years three quarters at the death of her husband shall have no Dower Littl. 8. 12 Ed. 2. tit 159. the same A woman of the age of ten years at the death of her Husband shall be endowed 12 R. 2. tit 54. 8 R. 2. tit 122. the same VVhere the Husband hath an Office eo keep a Park to him and to his heirs his wife shall be endowed of that Pl. Com. f. 379. If the Lord enter for Mortmayn yet the wife of the Tenant shall have Dower Perk. f. 76. A. The same Law if the Lord recover against the Husband in Cessavit the Wife of the Tenant shall be endowed 34 book of Assise 15. where the Husband dies without heir and the land escheats the wife shall be endowed Tenant by the Curtesie surrenders to the Husband in reversion upon condition and enters for the condition the wife of him in reversion shall not be endowed 14. Ed 4. f. 6. VVhere a man enfeoffs one upon condition to re-enfeoff the feoffer again it behoveth that be made to a man unmarried or to a Chaplain that hath no wife for if it be to a man which hath a wife she shall be endowed 38. H. 8. tit Assurance 3.28 Book of Ass 4. the same Lands is mortgaged to the Husband and after the condition broken the Husband by agreement takes his money and dies his wife shall be endowed 42 Ed. 3. fol. 1. A woman hath title of Dower and enters upon the heir and enfeoffs him by Deed she hath given him her title of Dower included and is not now Dowable of that land 11 H. 7. f. 20. The husband Tenant in general tail makes a feoffment and takes back a special tail and his first wife dies and he takes another wife and he dies and his issue enters this second wife shall not be endowed for the heir was remitted 41 Ed. 3. f. 30. 46 Ed. 3. f. 24. the same VVhere land is given to the husband and his wife in special tail the remainder to another in tail the remainder to the right heirs of the husband and the wife dies and the husband takes another wife and dies living him in remainder the second wife shall not be endowed of that land 46 Ed. 3. f. 16. Land is given to the husband and K. his wife in special tail the remainder to the husband in general tail and K. dies without issue and the husband takes another wife and dies this second wife shall be endowed 50 Ed. 3. fol. 4. Where the husband and his wife have special tail the second wise shall not be thereof endowed 22 Ed. 3. fol. 9. B. Littleton 11. the same Where land is given to the husband and his heirs which he begets of the body of Margaret his wife which was dead at the time and he takes Eliz. and dies this second wife shall not be endowed 12 H. 4. f. 2. If a woman go away with an Adulterer into some land of her husbands and be not reconciled yet she shall not lose Dower otherwise it is if she were out of the lands of her husband 8 R. 2. tit 253. If a woman go away and dwell with an Adulterer she shall not have Dower But if she were carried away against her will and was carried 20 miles and returns and her husband dies she shall have Dower 43. Ed. 3. fol. 19. 47. Ed. 3. fol. 13. VVhere a recovery is by default or a reddition against the husband without title the wife shall have Dower 46 Ed. 3. fol. 23. VVhere a recovery is against the husband the wife is barred of Dower But if the recovery were by default it is remedied by the Statute and where by render is aided by the Common-Law and other recovery is not remedied Against whom Dower may be brought and what Assignement is good and what not WHere a Guardian in Socage endowes a Wife it seemes it is disseisin for a Writ of Dower doth not lye against a Guardian in Socage but against a Guardian by Knights service it lyeth 29 Book of Ass 68. Assignement of Dower by the Disseisor is good if it be not by Covin of the wife The same Law is by Abator or Intruder Perk. fol. 76. Assignement of Dower by the Tenant of the Freehold is good and ought to be by him 12 Ed. 3. tit 86. Perkins 78. the same Guardian in Socage cannot assigne Dower but Guardian by Knight service may 3 Ed. 3. tit 108. Perkins fol. 78 G. It appeares that Guardian by Knights service may assigne Dower Fitzh fol. 148 A. Where the Husband was seised of diverse Tenements and Manners and the Sheriff assignes the VVife which recovers one Mannor and a whole Advowson it is good for it is an infinite work to assigne part of every Acre 12 E. 4. fol. 2. If the Husband hath three Mannors and during the marriage charges them with a Rent and dyes if the wife take the third part of every Mannor she shall hold it discharged but if she take one Manner onely she shall hold two parts charged 17 Ed. 2 tit 164. It seemes it is good barr in Assignement that her Husband before the marriage granted by Deed to her a Rent in the name of Dower to which she agreed after his death 20 Ed. 4 fol. 3 in Dower but inquire Rent assigned out of Land of which she is dowable without Deed is good but out of other Land it is not 33 H. 6. fol. 2 B. Assignement of Rent out of the same Land of which she is Dowable is good barr in Dower if shee agree 7 H. 6 fol. 36. Perkins fol. 76 D. the same If a woman recover in a VVrit of Dower shee
cannot enter without Assignement but in other Precipe if one recover he may enter but here it shall be assigned to her by the Sheriff by metes and bounds 40 E. 3. fol. 22. Where the Woman recovers damage and where the Tenant may say he is yet ready to excuse him of damages if it be in Copy-hold and otherwise A VVoman shall recover damages where the Husband dyed seised if the Tenant do not come in the first day ready to render Dower Nat Bre fol. 7. If the Tenant come at the first day and saith that he was alwaies ready the Plaintiffe may averr that she hath demanded Dower and she cannot have it 2 H. 4. fol. 8. and this found she shall recover damages At the Summons returned the Tenant comes and saith that he was alwaies ready to render Dower and yet is for the Plaintiff to say that he was not ready alwaies is no Plea but by Thirne she ought to shew that her Husband died seised and she demanded in the Country and you refused but by Hank the bringing of the Writ is a demand in Law but he agreed that she ought to aver the dying seised of her Husband if she will recover dammages 6 H. 4. f. 5. Dower the Tenant saith that he was alwaies ready and yet is and the Demandant avers that her Husband died seised and saith that he was not ready and for that this is no Issue but she shall say that she demanded inquest of Office was awarded which findes he died seised and the Wife shall recover dammages from the time of his death but where the Tenant was ready though that the Husband died seised the wife shall not recover dammages 11 H. 4. f. 39. 6 H. 4. f. 5. Dower the Tenant saith that he hath been alwaies ready to render Dower and yet is the Plaintiff saith that her Husband died seised And she required the Defendant at D. and he refused and the Issue shall not be that he did not refuse generally but he offered and she refused without that that he refused 13 Ed. 4. f. 7. Dower the Tenant acknowledgeth the action and the Demandant to have dammages surmiseth that her Husband died seised and hath a Writ to inquire of dammages and held that if the Tenant come at the first day and will aver that he was ready and yet is if the demandant cannot aver the contrary the Demandant shall not recover dammages 14 H. 8. f. 28. If the Tenant be effoyned yet he may say yet ready for the Essoyne may be put in by a stranger 7 H. 7. f. 7. f. the last the same 2 Ed. 4. f. 20 and 14 H. 6. fol. 4. The same Dower after imparlance the Tenant cannot say that he was alwaies ready and yet is 5 Ed. 4. f. 141. Tenant for Life A Man devise all his Goods to his Wife and would that his Son should have his House after the death of his Wife notwithstanding that it is not devised to the Wife she shall have that for her life 13 H. 7. fol. 17. Lease to a Woman as long as she lives unmarried or as long as she behaves her self well it is for life conditionall 37 H. 6. fol. 28. Land is given to one to have and to hold so that he paies to the Grantor for his Life 10 l. this is an estate for life 3 Book of Ass 9. An Estate to one till he hath levied ten pounds he hath that for life till c. 21 Book of Assise 18. If I let to W.N. to hold till a hundred pound be paid and without making Livery and Seisin he hath an Estate but at will and if there be Livery it is for life upon condition to cease the hundred pound levied 2 Mar. Brook Lease 67. And so in the three cases next it is to be intended Livery to be made J.S. Tenant for life aliens to B. to have to him and to his Heires for the life of J.S. B. hath an Estate but for the life of J.S. 24 H. 8 Tit. Forfeiture 87. If Lands be given to a man and his Wife and to the Heires of their two Bodies begotten and they are divorced now they have but an Estate for their lives 7 H. 4. f. 18. If I grant Rent to you without more you shall have that for life 7 Book of Ass 1. If a devise be to one without more he hath an Estate for life 22 Ed. 3. f. 16. Tenant for yeares What Act determines a Lease for yeares and who shall have the Corne what is a good Lease for yeares and what not THE Husband seised in right of his Wife le ts for seven yeares and dies the Wife may enter but if the Termor had sowed the Land in the life time of the Husband the Termor shall have the Corn 7 Book of Assises 19. If the Lord enter upon a Copy-holder for Forfeiture and the Land be sowed the Lord shall have the Corn 42 Ed. 3. f. 25 The Husband and the Wife lets the Land of the Wife for twenty yeares rendring Rent and the Husband dies the Wife accepts the Rent it is a good Lease and was not void 3 H. 6. fol. 2.2 H. 6. fol. the same and 21 H. 6.24 If a Parson or a Prebendary let for yeares rendring Rent and dies though that the Successors accept the Rent the Lease is not good 32 H. 8. tit acceptance 14.32 H. 8. Tit. Dean and Chapter 20.24 H. 8. tit B. 19.38 H. 8. Lease 18. 22 H. 8. tit Ancestor 14. If Tenant in Dower lets for yeares rendring Rent and dies the Lease is void and acceptance by the heire of the Rent will not make the Lease good for it was void before 9 E. 4. f. 37. by Nedham If I let Land for yeares in which is a Mine I cannot enter and take that nor Trees but I shall be punished The Bishop lets for yeares rendring Rent and dies and the Successor accepts the Rent this makes the Lease good for the Bishop hath Fee and may have a Writ of Right 2 Ed. 6. tit acceptance 20. The same Law is where an Abbot lets for yeares rendring Rent and dies the Successor accepts the Rent the Lease is good 21 Ed. 4. f. 5. B. Where Tenant in taile lets for 21. yeares and dies and the Issue in taile outs the Lessee as he may and doth not accept the Rent the Lessee may have covenant against the Executor of the Lessor and recover dammages though it be not warranted 48 Ed. 3. f. 2. A Lease by Tenant in taile for 21. yeares made according to the Statute rendring ancient Rent or more though Tenant in taile dye this is a good Lease against the Issue but if Tenant in taile dy without Issue the Donor may avoid this Lease by entry 32 H. 8. chap. 28. Tenant in taile the remainder over le ts for yeares rendring Rent and dies without Issue and he in the remainder accepts the Rent this shall not binde him insomuch that when
Detinue 21 H. 6. fol. 43. is That an action of wast doth not lye against Tenant at will which makes wast but trespasse 41 Ed. 3. f. 24. Where a Miller takes more tole then he ought action upon the case lies against him and not trespasse 2 Ed. 4. f. 5. If my Servant of a shop which hath power to sell gives my Wares it seems that I shall have trespasse against the Donee Tenant at will may cut Trees seasonable but if he cut great Trees wast doth not lye but action upon the case Tenant at will of a Mine may take the Oare and sell it 12 Ed. 4. f. 8. He which holds at will hath that at the will of both and Debt lieth for the Rent reserved 20 Edw. 4. fol. 9. If the Lessee at will sow the Land and after be outed he shall have the Crop but if he be outed after the plowing and before the sowing he shall loose the Costs of plowing and the compost of that 11 H. 4. fol. 90 Tenant at sufferance Who is Tenant at sufferance and who not and what acts he may do TEnant at sufferance is where one of his own head occupies my Land and claims nothing but at my will and release to him is not good Littleton f. 108. There is no Tenant at sufferance but he which first enters by authority and Lawfully as a man lets for yeares or for anothers life and holds in further after the Lease expired or after the death of him for whose life time of H. 8. tit Tenant by copy 15. Tenant at sufferance is when Lessee for yeares after the tearm ended occupies the Land by consent of the Lessor without a Lease at will 21 H. 6. f. 42. Tenant at sufferance may distrain doing dammage upon the Land and yet release made to him is not good 4 H. 7. f. 3. and he may have trespasse Villainage For that that in the fifth Article villainage is to be inquired in Leet and in Court-Baron and is to be inquired who is Villainof the Kings Somthing shall be said touching that and first how they began and where the Lord may seise and have them and how their Goods and Chattells and other things and how contrary and how not VIllaines began after Noahs Flood that is when all things were in common and when they increased and also were taken in Battells and one kil'd another to avoid this mischeife it was ordained that none should kill another but those which they overcame should be their Villaines to use at their pleasure but not to kill them Britton f. 77. If the Villaine buy Goods and sell them or give them to another before the Lord seise them then the Lord cannot seise them nor have them otherwise it is of the Kings Villaine Littleton f. 39 Lord and Villaine the Lord is indebted to one which makes the Villaine his Executor the Villaine shall have Debt against his Lord and the Lord cannot seise and have the Goods which the Villaine hath as Executor 3 H. 4. f. 15. the same 47 Ed. 3. f. 16. Littleton f. 41. and 21 Ed. 4. f. 50. Old Tenures 2. If a Villaine dy before the Lord seise his Goods or claim by word the Lord cannot seise them not have them but his Executors 3 H. 4. f. 17. If a villaine purchase Lands and alien them before that the Lord enter or buy Goods and sells them before that the Lord seise them the Lord shal not have them Lit. f. 39. If the Lord seise Goods and deliver them to the Villain again if they be taken from him the Lord may have trespasse or take and seise them again and have them 11 H. 4. f. 2. Lit. f. 39. If he seises parcell of the Goods in name of all that suffices forâ—ll The Lord hath possession of Goods of his Villaine by Seisure of land by entry of Rent Reversion and Advowson by claim Perkins f. 6. Littleton 40. The Lord cannot seise his Villaine in the presence of the King and yet after he may have him 27 Book of Ass 49. If my Villaine Infant be in ward of one by reason that he holds of him by Knights service I may enter and seise the Infant and out the Guardian and shall have him 40 Book of Ass 7. The Lord cannot take and seise his Villaine out of the service of another which hath retained him unlesse that he hath more Servants but he may seise the Goods 39 R. 2. tit action upon the case 52. The Lord may take the Rent which a Villaine hath in possession but not a thing in action as obligation of Debt or Covenant What is infranchisement and what not IF a â—ree-man marry his she Villaine she is infranchised Little fol. 41. And that their Issue is free 46 Ed. 3. fol. 4. If a she Villaine marry a Free-man she is made free for ever and shall not be a Villaine again unlesse by a speciall act afterwards as being divorced or acknowledgeth her self a she Villain in Court of Record â—itzh fol. 78. G. 33 Ed. 3. f. 187. Statham is that shee is infranchised but during the marriage If a Villaine woman marry a Free-man she and all her Issue have a free Estate for ever and a Villaine becomes free if he marry his Mistris the same Law if a she Villaine marry her Lord Brit. f. 78. a. If a Villaine dwell in ancient Demesne of the King by a year and a day without claime he is infranchised Fitzh f. 79. A. But there held if he dwell in the ancient Demesne of another Lord then the King by a yeare and a day without claime he is not infranchised 39 H. 6. tit 20. and 39 E. 3. f. 6. If the Lord and his Villaine vouch together where the Villaine hath purchased Lands if he be not from all benefit shut up being called to warranty it is an infranchisement 33 H. 6. f. 1. The Reversion is granted to a Villaine and his Lord being Tenant for life attornes this doth not infranchise the Villaine for the Lord gives nothing to the Villaine and he cannot otherwise have the Reversion 11 H. 7. fol. 13. If a man infranchise his Villaine with the whole sequell it behoveth to be for those created and to be created some born before that infranchisement is not made free 15 H. 7. f. 14. Though the Lord make Attorney where his Villaine is Plaintiff it is no infranchisement 22 Book of Ass 4. 29 Ed. 3. f. 24. the same If the Lord suffer his Villaine to be sworn of a Jury in the Kings Court it is an infranchisment Britton fol. 83. Villaine shall not be infranchised for that his Lord sues a Recordare upon a plaint of Replegiare 5 Ed. 3. f. 187. Statham Tenant in taile of a Mannor to which is a Villaine regardant aliens the same Land to the Villaine and dies The Issue recovers the Land against the Villaine yet he may after seise the Villain and he is not infranchised notwithstanding that
Law is of Fat 's fixed in a Brew-house or Dy-house and at this day is the like of Glasse though there it was held the contrary but it seemeth where the Termor fixeth such things he may take it within the Terme but after the Terme not and the Heir shall have Table-dormants and those things which cannot be attached in Assise Stamford 45. Chattels are as well Chattels moveables as not moveables and Leases and Chattels are the Corn growing and right of Action and an Obligation made to a Felon and Money out of a Bag and Corn out of a Sack are Chattels 10 Ed. 4. fol. 1. It seemeth where one gives all his Goods and Chattels the Charters of the Giver doth not passe See 4 H. 7. fol. 10. 38 Ed. 3. Tit. Charters 24. It seemeth that Charters are but Chattels 8 Ed. 4. fol. 4. If one give to me a Deed of Feofment whereof I have not the Land this is but a Chattell in me 21. Ed. 4. fol. 80. Writings may be laid to pawn for Money borrowed by which it seems that Writings are Chattels in divers Cases 37. Assise 11. A Woman hath Execution by Statute-Marchant of Land and takes a Husband this is a Chattell and for that the Husband may give it 24. Fd. 3. Tit. Charters 5. by Thorp The Escheator may seise the Ward though there be no Office found for it is a Chattell and vested in the King without an Office 4. H. 7. fol. 10. Where Tenant in Tail discontinues and dies the Deed in Tail belongs to the Heir before he hath re-continued his Estate in the Land and it is no Chattell but an Inheritance for if one give all his Goods and Chattels he shall not have such Deeds Now let us see that the not using of Priviledge and Liberty is the cause of ceasing of that and where not I intend not using of Liberty which is for the benefit of the party this is no cause of ceasing but where it is for the Common-wealth not using is a cause of ceasing and mis-using is a cause of ceasing for ever IF one have Liberties and do not use them within memory all is gone 14. H. 7. fol. 1. Not using of the Office of Clerk of the Market is cause of ceasing for that is for the Common-wealth 2. H. 7. fol. 11. By Billing by mis-using and not using also of Market shall cease 2. H. 7. fol. 11. 15. Ed. 4. fol. 7. Where the Abbot of S. Albans had a Gaol by Franchise and would not be at costs with the Justices of the Gaol-delivery to make Delivery of Prisoners and kept them long in Prison for that it was seised into the Kings hands 8. H. 4. fol. 17. If the Lord of the Franchise refuse to do a thing commanded by the Court as to bring in his Prisoners it is a forfeiture of his Liberty contrary where it is commanded by proceffe by Hussey If a Lord refuse to do right or misuse his Franchise by himself or by his Bailiff or Deputy or do not use his Franchise that shall be reseised and all Lords which have franchises shal attend upon the Justices of Assise in person or by their Bailiffs or otherwise they shall forfeit their Franchises 20. Ed. 4. fol. 5. Confirmation NOte that there need be no Confirmation of a Charter of grant of Liberties after the death of every King as it is used 1. R. 3 fol. 4. But otherwise it is of Officers judiciall 33. H. 8. tit 203. If the King grant the Chattells of Felons to one and dies there need no confirmation of that otherwise if there were a Faire or a Market granted or a judiciall thing or a ministeriall Office granted Suit Then the next branch of Charge is Suitors and for that let us see who are resident which ought to make Suit at the Leet and who not SUite reall is at a Leet Residents and this is by reason of their residence 12. H. 7. fol. 17. Eitzh 160. B. A man which is not resident but hath Lands within the Leet shall not be destreined but where he is dwelling to make sute to the Leet Marlebridge chap. 10 Who have Tenements in diverse Hundreds have no necessity to come to these Turnes unlesse in the Bailywicks where they are dwelling where the Master is resident and also his Servant in some Leet as well the Master as the Servant 2 H. 4. fol. 17. Men of Religion Clerkes Knights nor Women shall not be Deciners Fitzh fol. 160. C. Register fol. 181. Britton fol. 19. It is provided that they have no need to come Rast County 2. Arch-Bishops Bishops Abbots Priors Earles Barons nor any religious Men or Women Marlebridg chap. 10. A man shall not make Suite twice to two Leets of severall men for his residency but one time to one and another day to another he may but one may come twice to the Leet of one person and yet may be charged to come to the Turne of the Sheriffe 18 H. 6. fol. 13. Every man ought to be attendant to a view of frankpledge 21 Ed. 3. fol. 12. For that the not scowring of Ditches adjoyning to High waies and Bridges and also other annoyances in waies are presentable in Leets and is another branch of the Charge let us see how they shall be done and what by the Common Law and what now by the Statutes Waies IF a man have Land adjoyning to the Kings High way he is charged of common right to cleanse the Ditches without any prescription 8 H. 7 fol. 6. but if he be not next adjoyning it is otherwise for there he is not chargable without prescription but it is said that he whose land is next adjoyning to a Bridge Purprestures is not held of common right to repaire the Bridge though the Bridge have been there time out of minde unlesse he have that made by prescription Magna Charta Rastall Bankes 2. Bridges Rastall Bridges 1. chap. 15. No Town nor Free-man shall be distreined to make Bridges unlesse that of old they use to make them in the time of King H. our Grand-Father the Statute of 22 H. 8. chap. 5. Gives power to the Justices of Assise to determine the making of Bridges where it cannot be held and proved what person certaine ought of right to make such decaied Bridges and what shall be made by the Inhabitants or riding where such decayed Bridges are by which it appeares that he which hath Land adjoyning to a Bridge is not chargeable to make the Bridge unlesse it be by prescription 2 Ed. 4. fol. 9. By Moyle if any incroachings be made over the Kings Way as by a Ditch House or Wall it shall be punished by presentment in the Leet and I collect upon the opinion of this book and upon 8. Ed. 4. fol. 9. And upon 27. H. 6. fol. 9. and upon 6. Ed. 3. way 2. Where a Lord of a Mannor hath Land upon both parts of a High way that he
and took Hares Coneys and Pheasants and not his and good for he hath no property 22. H. 6. fol. 65. Doctor Student fol. 9. None hath property of Birds Fowle wilde Beasts of Forrest and Warren yet the eggs of Hawks Herons and such like are to them which owe the Land Fitzh 67. No man shall be taken and imprisoned for Vert or Veneson if he be not found with the manner or indicted Nat. bre fol. 41. the same See Britton fol. 84. 18. Ed. 4. fol. 14. Where a man licenses me to hunt and kill a Buck in his Park my servant cannot come in by my commandment for the license shall be strict to him to whom it is given 2. Ed. 4. fol. 5. Trespasse one cannot justifie by license of a Keeper to kill a Deer 16. Ed. 4. fol. 7. Trespasse by force of armes he broke his Dove-house and took his Pigeons in the same and good but not abroad when they are out and have no mark and are in the fields 38. Ed. 3. fol. 12. Trespasse for entering into his Warren and took his Pheasants it was held that if the Defendant fly a Pheasant in his own land out of the Warren and his Hawke fly and kill in anothers Warren his entry into the Warren is a wrong Treheron in his reading shewed that Forrest ought to be by Commission and Proclamation and that a common person cannot have a Forrest that is to say cannot make a Forrest nor use Forrest-Lawes as it is said And to a Forrest there are divers Officers and to this is incident a Court of Swannimote but a common person may have a Chase or Park by Grant or Prescription and Forrest-Lawes shall not be to a Chase nor Court of Swannimote the Statute of 13. R. 2 is not inquirable in a Leet but before Justices of Peace that is to say that it is that no Artificer nor Lay man which hath not Lands to the value of forty shillings per annum and no Clark which is not advanced to ten pound per annum shall not keep a Harrier or other Dog to Chase nor shall use Ferrets Hayes Nets Harepipes nor Cords nor other Engines to take or to distroy wilde beasts upon pain of imprisonment for a year yet it is inquirable in a Court Baron if any hunt or hawke within a Park Chase Warren or Demesne Lands of the Lord of the Mannour without his license and for that something of that shall be said 12. H. 8. fol. 3. Trespasse lieth for taking a Hound or Deere out of the possession of the Plaintiffe and hath possession and not property 12. H. 8. fol. 10. One hath but possession of a Deer and if they go out catch that catch may and if any Hawke kill a Pheasant in your Land it seems that I shall have the Pheasant and yet it seems that one cannot hunt nor hawke in anothers Land 10. H. 7. fol. 30. Account lieth against a Keeper for the Deer for he hath possession as a Bailiffe one may grant liberty to one to take every year a Deer or to the Keeper the shoulders of them killed 13. H. 7. fol. 10. Where a Deer is given to one he may bring in his servants to take it for otherwise peradventure he cannot serve his Warrant 13. H. 7. fol. 13. It is said If one hath license to chase he cannot kill 18. Ed. 4. fol. 14 15. H. 7. fol. 16. Fine for hunting shall be greater then the trespasse 21. H. 7. fol. 30. It is lawfull for one to kill a Hart out of the Forrest though he be proclaimed 12. H. 8. fol. 4. saith That one may distrain a Brache doing damage which enters into my Close to chase 2 Ed. 3. tit distresse 20. 48. Ed. 3. fol. 8. He that hath land adjoyning to a Chase may hunt Deer out of his ground with a little Dog but not with Begles and by some if the Dog follow them into the Chase and the owner drives them back yet if they kill the beast trespasse doth not lye Seek 18 H. 6. f. 22. Held that if a man goe in the way adjoyning to a Park and his Dogs break his Leash and kill a Deere in the Parke against his will and he call them back he shall not be punished but it seems that if he doe not what he can to hinder them it shall be a trespasse Fitzh 19. If one incite or procure his Dog to bite a man he shall have his trespasse upon that Assise IN so much that an Assise is brough of a Copy-holder some thing is to be noted to you touching Assises And first I intend That if a Copi-holder of Inheritance dyeth seised of a Copi-hold and his heire enter as he may though there be no Court kept and he not admitted and be outed by a stranger of that dissâ—isic he shall have a Plaint in nature of an Assise Seek for it is 13 Eliz. by the Justices If Tenant by Copy of Court Roll dye seised and his heire enter and take the profits he is no trespasser though the Lord hath not admitted him Tenant and though no Court were held there in seven yeares and further there said that it was adjudged in the Chancery That if Tenant by Copy of Court Roll hath issue two Daughters by diverse Women and they enter and take the profits and one dyes before any Court held now her Cozen collaterall ought to Inherite as heire to her and not the other Sister as heire to the Father which proves that this was a seisin according to their Custome The same Law is if a Copl-holder be admitted and after is thrust out by another or if another be admitted to it and by this he that was first admitted is thrust out by him which was secondly admitted the first Admittee shall have a Plaint in nature of an Assise of that disseisin Plowden Com. fol. 528. Parson before Induction cannot grant an anuity for he hath no possession so it seems if a Copi-holder dye seised his issue shall not have an Assise before admittance Fitz. 177. a. Where Tenant for life in Fee simple or Fee taile is disseised of his Lands and Tenements or outed of that against his will this is disseisin and he shal have an Assise of novel disseisin Nat. brevium fol. 107. Fitz. 195. c. Where my Father or my Mother my Brother or my Sister or my Unkle or my Aunt or Nephew or Neece dye seised of any Lands or Tenements or of Rents of an Estate of Fee simple now if a stranger take possession of this Land or Rent after their death I which am their heire shall have an Assise of Mortdancester Nat. brevium fol. 118. So for a Copi-hold in Fee If my Father Mother Brother or Sister Unkle Aunt Nephew or Neece dye seised of that and a stranger enters I shall have a plaint and make protestation to Sue in nature of a Mortdancester and upon disseisin as above in nature of an Assise of novel Disseisin
tenant praies the Assise upon the title and upon that the Assise is awarded the Assise cannot finde other title for the Plaintiff but he may finde matter which may stand with the same title to inforce it but if the title be traversed he cannot finde another title but only the point put in the Assise 28 book of Assises 17. An Act of Parliament Fine or Recovery are of such a force that if one be bound by them the Plaintif cannot make title to this Land unlesse by reason of a title to him grown of later times As if one recovers against me or my Ancestor and hath execution and after Lenten and dye seised my Heire shall not make him title by his discent against the Recovery without shewing he hath title after the recovery the same Law of a Fine see 10 H. 7. fol. 5.32 H. 6.5 and 33 book of Assises fol. 19. Pleas in Barr and in Abatement IT seems a feoffment of the Plaintif is no Plea in Barr for that amounts to no wrong nor Desseisin 2 H. 4. fol. 20. the same 15 Ed. 4. fol. 11. 18 Ed. 4. fol. 11. A Lease for yeares or for life the reversion to the Plaintif or a feoffment of the Plaintif with warranty and rely upon the warranty is a good Barâ— Abridgment of Ass fol. 31. The tenant may plead that partition was made between the Plaintif and J. S. whose Estate he hath and it is a good Barr. 30 H. 6. fol. 1. Assise the tenant saith that the Lands put in view and in plaint are in another Town and if it be found no tenant of the Free-hold named in the VVrit c. By the Court he shall not have the second Plea for none may say that the Land is in another town but the tenant and so hath accepted the tenancy by his Plea 30 H. 6. fol. 7. Assise the tenant saith that T. B. was seised and disseised by W. W. to whom T. B. made release and against his own Deed disseised W.W. and infeoffed five persons which infeoffed the Plaintif upon which W. W. re-entred whose Estate the tenant seised hath it is good see Pleas in Barr Tit. Abridg. Ass fol. 30. Abridgement Assise fol. 41. If the Plaintiffe choose one to be his tenant of all where he is not the Writ shall abate Abridgement of Assise fol. 42. A man cannot plead in Assise that there is another hanging to which he hath appeared unless that he take the tenancy upon him and for that it is no Plea for the Disseisor Bridgement Ass 44. Death of one of the tenants shall not abate the Assise but for the portion if he be a Disseâ—sor and tenant of another parcell 27 Ass 45.40 Ass 15. Abridgement Ass fol. 43. Assise of tenements in D. and S. the tenant sayes that all is in S. if that be so the Writ shall abate for he cannot abridge a whole Towne but see now by the Statute of 21 H. 8. chap. 3. where he may abridge Abridgement of Ass fol. 45. Assise of Lands in D. is no Plea if there be two Dales for that the Plaintiff shall recover by the view of the Jury 29 Ass 59. Abridgement of Ass 106. Assise tenant pleads in Barr and after the Jury hath the view he leaves his Barr and pleads to the Assise Plaint in Assise PLaint of profits of an Office though it hath no form it shall not abate as first it ought to suppose disseisin and after shall make title and though it were not so it shall not abate 12 H. 6. fol. 22. Plaint of a Croft is good but Precipe of a Croft is not good Abridgment of Assise fol 130. b. and 8 Hen. 6. fol. 3. Time of Ed. 6. Brook tit False Latine and forme 66. Wood was put before Pasture in a Plaint of Assise and exception thereof taken yet good though it were contrary to the Register by the Commentaries fol. 169. Plaint of a Croft and was amended 14 Ass 13. and 25 Ed. 3. tit 25. the same Brook demand 17.34 Plaint of a peice of Land containing in length twenty feet and in breadth ten and is good 14 Ass 13. and 9 H. 4. fol. 3. the same Plaint by the Governour of an Hospitall it shall be of a House and not of an Hospitall 8 Ass 29 and Assise 137. Plaint of two parts of Salt Coot is good ninth Book Ass 12. Plaint of a Garment or thirty shillings though it be uncertaine for that it is according to the Deed it is good 11 Book of Ass 8. Plaint in Assise of a Garden lyeth but not a Precipe 22 Ed. 3. tit 22. 5 Ed. 2. Brook demand 39. and Fitzh breife 797. Plaint was of a Mill and doth not say a water-Mill nor VVinde-Mill yet good 21 Assise 23. Plaint of a Garment and the specialty is of a Garment with furr and the plaint good for the Garment conteines all 22 Ass 10. Where the Plaintiff may abridge in Assise and in what other Actions he may abridge and how IN a VVrit of ward the VVrit is of the custody of the Land and Heire and is not certain and for that he may abridge as he may in assise and VVrit of Dower 39 Ed. 3. Tit. Breif 10. and 32. In trespasse the VVrit is of Goods and Chattells and hee counts of Corne and ten pounds and for that that Money is not Goods and Chattells he abridged it see 8. Tit. abridgment 11. which saith that he ought to expresse the Money in the VVrit and for that he did not he abridged 39 Ed. 3. Tit. Breife 11. In all cases where the VVrit is of a Free-hold and uncertain he may abridge by June as in assise of Dower and a VVrit of ward 14 H. 6. fol. 4. In ward for that the Demand is not certain but of the custody of the Land and Heire therefore the Plaintif counts of the Mannour of D. and twenty acres and the Defendant saith that the twenty acres are parcell of the Mannor the Plaintif may abridge the twenty acres 39 E. 3 f. 10. Brooks abridgment 10. Assise of Land in great Dunmowe and little D. you cannot abridge all in one Town 8. H. 6. fol. 56. Assise and in Dower he may abridge but he cannot abridge a whole Town 14 H. 6. fol. 4. Assise where a plaint is of a Mannor he cannot abridge for that it is entire 19 H. 6. fol. 13.33 H. 6. Tit. abridgment 2. Assise plaint of Rent and Land after that the Tenant hath pleaded in Barr the Plaintif shall abridge in right of the Land 14 Ass 9. Plaint abridge in attaint Rast Assi 17. 35 H. 6. fol. 13. Assise of Common in forty acres the Plaintif cannot abridge for that that the Common is Intire but at this day it is contrary by the Statute of 31 H. 8. chap. 3.29 Ass 10. Plaintiff in every Assise at his pleasure may abridge and for that also by the Statute may abridge where the plaint is of a Mannor 21 H.
8. chap. 3. After Verdict he cannot abridge IT is said that after Verdict the Plaintiff cannot abridge his Plaint 28 As 38. Dower demanded may abridge after view Edw. 3. fol. 3. Assise they were adjourned upon Title ASsise they were adjourned upon Title and for that that they cannot agree at the day of the Adjournment after the argument Plaintiff abridge and might 10 H. 6. fol. 22. After the Jury in Assise were together in the house before their Verdict came the Plaintiff and abridged and was suffered 33 H. 7. Tit. 6. B. Attornement WHen any Mannour descends to the Lord upon every descent to the Lord it belongeth to the Steward at the first Court to make all the Tenants to make Fealty and also upon every purchase of Mannour to enter the Fealty of every Tenant which holds of that and also to enter their Attornement and Seisin of Services to the end that the Lord may by this means distrain for his Services and the Tenants may hereafter be better known to him and by 28 H. 8. Tit. 40. Attornement may be made by Tenants to the Lord in his Court to the Steward or Purchasor and not to his Servant in absence of the Lord. For that something shall be said of Fealty and where there ought to be Attornement and where not IT is said that the Tenant that hath made Homage to the Father shall not make Homage to the Son for that he hath once made Homage to his Lord but yet he shall make Fealty to the Son though he have made it to the Father but if the Mannour be recovered against the Father which hath taken Homage now he shall make Homage again Littleton fol. 29. If a Mannour be exchanged yet there ought to be Attornement otherwise the Lord cannot distrain for the Arrearages Perkins fol. 47 56 58. If one alien his Mannour by Deed indented of Bargain and Sale and inrolls that according to the Statute that is good without Attornement and the Lord may distrain for his Services and the same Law is of a Reversion so granted Rastall Inrolment 2. but of a Grant by Fine it is otherwise 27 H. 8. chap. 16. 30 H. 8. Tit. Attornement If the King grant Reversion of Lands or grant a Mannour to one and his Heirs or otherwise by his Letters Patents the Patentee may distrain or avow without Attornement and he need no Attornement 34 H. 6. fol. 7. Fitzh fol. 60. J. 6 Ed. 3. Tit. 13. Natura brevium fol. 171. accordingly 12 Ed. 4. fol. 3. Where a Mannour or Reversion is devised by Will in writing that is good and shall passe without Attornement 19 H. 6. fol. 24. Littleton fol. 132. accordingly of Devise where Lands were devisable by Custome 34 H. 6. fol. 7. The Lord may avow upon the Tenant by the Curtesie and in dower and upon him which recovered against his Tenant without Attornement for they are in by Law and need to have no Attornement 36 H. 6. fol. 35. If one have a Mannour delivered in Execution by vertue of a statute Merchant or an Elegit he may avow without Attornement 20 H. 6. fol. 7. Where a Mannour Escheats or the Lord have that as a Perquisite by his Villain he may avow without Attornement Littleton fol. 132. 34 H. 6. fol. 7. accordingly and Fitzh fol. 60. J. If a man have a Common of Pasture to a certain number or a Common of Estovers certain and grants them over these shall passe without Attornement for that they are not to be taken by the hands of Tenants but by the mouths of Beasts and where no attendance nor payment is to be made by the Tenant there the things may passe without Attornement 31 H. 8. Tit. Attornement Where a man lets for forty years and after lets the same Land to another to have the Land from the end of the first Terme for twenty years there need no Attornement and contrary when he grants a Reversion to have the same Reversion at the end of the first Terme for twenty years then next ensuing there ought to be Attornement by Horewood 37 H. 8. Tit. 41. and 1 Ed. 6. Tit. 4. A man lets a House for Life and after grants the Reversion of the said House to have from the Feast of Saint Michael next after the Death of the Tenant for Life for 21 years then next following this is goâ—â— without Attornement for this passeth by to have the House as a Lease and not as a Reversion and also the Tenant for Life is not attendant to him 3 Mary Tit. 69. One lets for twenty years and this Lessee lets that for ten years rendring Rent and after this Lessee for twenty years grants the Reversion of the Terme Rent to a stranger it behoveth that the Lessee for ten years attorne otherwise it is if no Rent be reserved 2 Ed. 6. Tit. 45. If a man lets for ten years and the same Lessee lets that to another for four years the Lessor makes a Feofment to a stranger by sufferance of the second Lessee this is a good Feofment without Attornement of the first Lessee 28 H. S. Tit. Feofments 68. B. Two joint-tenants and one release to the other it is good without Attornement 28 H. 6. Then let us see what is good Attornement and what not WHere a Reversion is granted and the Tenant attorn by a Penny it is good for it an Agreement 8 Book of Assise 25. A man grants four divers Rents and the Tenant attornes by a Penny this is good for them all that is to say for them all to distrain but not for them all to have an Assise for it is not Seisin 22 Book of assise 66. Attornement ought to be made by the Tenant in the life of the Grantor for Attornement after is not good 16 Book of Assises 25. A Lease is made for Life and after the Reversion is granted to one and the Tenant for life surrender to him this is a good attornement 23 As 18. A man seised of two acres or of two Mannours le ts one for years and after makes a Feofment of both and makes Livery of that in Possession yet the other shall passe without attornement 7 Ed. 4. fol. 20. Where a Feofment and Livery is made of a Mannour that one hath in execution by a Statute this Livery is as an attornement if the Tenant by Statute enter again 46 Ed. 3. fol. 30.7 H. 4. Statham 46. the same If a man lets a Mannour for years and after outs the Termor and enfeoffes another and makes Livery and the Termor re-enter it is good without other attornement 5 H. 5. fol. 12. the same 9 H. 6. fol 16. the same Littl. fol. 130. If a Feofment be made and Livery also and do not out the Termor nor he attorne it is not good 5 Book of Ass 1.17 Ass 3.2 Book of Ass 1. the same and 21 H. 7. fol. 7. If my tenant for life lets his Estate to another upon
condition for default of payment to re-enter and after I grant the Reversion and the first tenant attorns this is not good for he hath nothing at the time of the Grant of the Reversion 8 H. 5. fol. 10. A man lets his Mannor for life and after grants the Reversion of that to another if the tenant for life attorne it is good and all the services of all the Free-holders of the Mannour shall passe without other attornement 21 Ed. 3. fol. 34. Payment of Rent is good attornement 49 Ed. 3. fol. 15. Payment of Rent in name of Seisin is agreement and Seisin 40 Ed. 3. fol. 34. Where they are compellable to attorne and where not and what Tenants are compellable to attorne and what not WHere a Reversion or a Mannour is granted unlesse it be by Fine there lies no Quid juris clamat to compell the tenant to attorne but upon a Grant by Fine and not upon a Grant of Reversion by Deed Nat. brevium fol. 170. If a man alien his Mannour he need not that the tenants at will attorne and the same seems of tenants by Copy of Court-roll Br. Tit. 44. Littleton fol. 125. By Seisin by the hands of the tenant at will the Lord by that cannot avow 8 H. 6. fol. 65. Tenant for life grants his estate to J.S. upon condition and after the reversion is granted by fine and the first Tenant for life attorns it is not good and he is not compellable to attorn but J.S. 8. H. 5. fol. 10. If I let for life and after grant the reversion by fine and after Tenant for life grants over his estate to J.S. yet after attorns it is good for he was compellable to attorn and not J.S. 18. Ed. 4. f. 10. and 21 H. 6. fol. 61. If Tenant in Dower grant over her estate to J.S. and after the reversion is granted by fine she is compellable to attorn and not J.S. 10. H. 4. fol. 10.1 H. 4. fol. 18. the same If Tenant by the Curtesie grant over his estate and after the reversion is granted by fine Tenant by the Curtesie is compellable to attorn 18. Ed. 3. fol. 3. He which was Tenant day of the fine levyed though he hath granted over his estate is compellable to attorn 18. Ed. 4. fol. 10. Also 18. H. 6. fol. 25 and 21. H. 6. fol. 6. the same After a fine ingrossed and that delivered the Tenant is not compellable to attorn for a Quid juris clamat lieth against him Fitzh fol. 147. and 11. Ed. 3. Statham If I give lands in tail reserving rent and I grant that rent by fine the Tenant shall be charged to attorn otherwise it is if I grant the reversion for there he is not compellable to attorn 5. H. 5. Statham Where any person is not cempellable to attorn and yet attorns and their attornement good and where not TEnant after possibility of issue extinct is not compellable to attorn and yet if he attorn it is good 43 Ed. 3. fol. 15.46 Ed. 3. fol. 13. If Tenant in tail attorn it is good and yet he is not compellable to attorn 3. Ed. 4. fol. 11. If Donor grant the reversion of Tenant in tail to another in fee if the Donee attorn gratis it is good and yet he is not compellable 12. Ed. 4. fol. 3. If a Lordship or Mannor be granted by fine and after the Tenant which hold of that makes a feoffment or is disseised if the feoffâ—e or disseisor attorn it is good and yet they are not compellable to attorn 18. Ed. 4. fol. 10. If a man lets for 10 years and the same lessee lets for four years attornement of the second lessee is good and yet he is not compellable to attorn and clear is attornement of the first for he ought to attorn 28. H. 8. tit feoffments 68. If I let for life and grant the reversion by fine and after the grant and before attornement the Tenant for life lets over his estate to J.S. and he attorn gratis it is good and yet he is not compellable to attorne 21 H. 6. f. 54. and 20. Ed. 3. Brook Tit. 24. Fine is levied of a Lordship and before attornement the Tenant makes a feoffment and after the feoffee attorns this is good and yet he was not compellable to attorn but his feoffor was compellable 18. Ed. 4. fol. 10. Now let us see that the grantee by fine without attornement cannot have action nor avow for rent which is in lieu of action nor have wast but may have all other things as entry for forfeiture and have escheat and things in seisin and take and have aid WHere a reversion is granted by fine the right passeth and for that Tenant for life shall have aid though he make no attornement 12 E. 4. f. 3.37 H. 6 fol. 5. the same 35. H. 6. fol. 5. Where a Mannor is granted by fine and Tenants do not attorn the Lord cannot distrain for rent but shall have escheat of them 10 H. 6. fol. 17.34 H. 6. fol. 7. the same 20. H. 6. fol. 7. The Lord grants his Lordship by fine the grantee shall have such things which lie in taking as ward but he cannot avow for rent Natura brevium fol. 172. Grantee by fine of a Lordship cannot distrain but shall have escheat and ward though there be no attornement But if Tenant for life alien in fee he may enter for forfeiture Tit. fol. 130. B. p. 131. A. Wast before attornement is dispunishable but the grantee may enter for forfeiture or seisure but shall not have wast before attornement 48 Ed. 3. fol. 15. and 34. H. 6. fol. 7. the same Note that one cannot have an action without attornement though the grant be by Fine Attorney in Court Baron THey that have tenements in divers Counties and fear to be impleaded in a County or in a Court Baron may make a generall Attorney to prosecute for them in all Pleas Westin 2. chap. 10. It is likewise provided that every free man which oweth suite to the County Court tything hundred or to the Court of his Lord freely may make his Attorney to follow his suits for him so it appears that a Copi-holder cannot so do but by assent of the Lord he may compound to pay a certainty yearly to release his suit and that which he holdeth he may freely by the Statute and it seems that the making of an Attorney ought to be by writing sealed and not by word Merton chap. 10. A Writ of making an Attorney or receiving lieth in Court Baron to make the Attorney to make suit Fitzh 175. B. there lieth an Alias pluries and an attachment if he be not allowed but Copi-holder shall not have that writ Fitgh 156. D. One may make an Attorney to make suit personall which is in a hundred or other Court Baron but for suit Reall at the Leet or turn of the Sheriff he shall not make that by an Attorney Fitzherbart 25. C. What
common Law and good by all the Justices for though a Formedon in discender were not given but by Starute yet this Writ now lieth at the common Law and it shall be intended that that hath been the custome time out of minde c. See Littleton fol. 14. Plaint in nature of Formedon in discender and also Littleton saith that copy-holder is where within the Mannour the Tenants within the same Mannour have used time out of minde to have Lands or Tenements to them and to their Heires in Fee simple or see Taile and though that the Statute of Westminster 2 chap. 1. is That the will of the giver in writing should be observed so that copy-hold is not within the Statute yet in these Mannors within which time out of minde they have been used to have Estates in taile in this Mannor and not in others are Estates taile of copy-holds 15. H. 8. tit 24. And now it is common usage to cut of the Taile of copy-holdes within such Mannors where there is an Estate taile of copy-hold by common recovery in the nature of a Writ of entry in the Post which after followes and also by recovery in nature of a Writ of Right and joyne the Mise as followes afterwards and another way is to cut of the intaile and that is by presentment that the copy-holder hath made a Lease by Indenture for divers years or other forfeiture and then the Lord to seise for that and to surrender to the Purchasor and these two waies are allowed for good It is said that five grounds of Law in England is and hath been in diverse particuler customes the which customes though they are against the generall customes of Law yet they are in effect and are taken for Law and so I intend that this custome of copy-hold Estate for that that it hath continuance by prescription is good by the Law that the copy-holder hath an Estate by custome and Law also and that of that may be an Estate taile where that hath been used by prescription Doctor and Student fol. 20. Copy-holders COpy-hold Lands were before the Conquest and it was called Folk-Land in the time of the Saxons and the Charter-lands are called Bock-land And also Bracton Book 4. allows of Copy-hold land and sayes That doing their Services and customes Their Lords cannot put them out And so Copy-hold Estates have in time of every King since the Conquest by all the Justices been allowed so that for the antiquity and their continuall alowance from time to time the Estates of Copy-holds are affirmed in Law yet Fitzh fol. 12. b. saith That Copy-holders in ancient times were called Tenants in Villainage or base tenure But this doth not make them Villaines for Littleton fol. 39. saith That some Free men hold their Tenements according to the custome of certaine Mannors by Villaine Services and yet they are not Villaines and though at the beginning of Copy-holds they had but a base Estate and at the will of their Lords yet when they have continued their Estates by Copy of time out of minde then doing their customes and services as Copy-holders ought to doe they ought to enjoy their copy-holds whether the Lord will or no and it appears by divers Statutes that copy-holds have been in reputation for by the Statute of 1 R. 3. chap. 4. 19 H. 7. chap. 13. Copy-holder which might expend by the year 26 s. 8. d. shall be accounted of the same sufficiency to be impannelled of a Jury as he which might expend 20. s. per annum of Free-hold land and by 2 Ed. 6. chap. 8. the interest of Copy-holders are preserved notwithstanding they are not found by Office after the death of the Kings Tenant and by 13 Eliz. chap. 7. Lands of a Bankrupt as well copy-hold as free-hold shall be sold so it appears copy-hold Estates shall be regarded and those Demesnes which are in the hands of the Copy-holders are such Demesnes as the services which they do make a Mannor though the Lord have no other Demesnes in his own hands nor in his Farmors Bailiff or Servants for it is Demesnes having regard to the Lord for that that upon every Surrender the Lord hath medling and grants it over in his Court. And if you will admit that an Estate Tail by usage of time out of minde may be of Copy-hold within a Mannour where it hath been used by prescription and Plaints of Formedon have there been brought why will ye doubt but that it may be well cut off by common recovery in Plaint in nature of a Writ of Entry in the Post or at least in nature of a Writ of Right and Mise ioyned upon meer Right and after Default made by the Tenant and Judgement final given though that these Recoveries have not been used there by prescription for they are at the common Law and Plaints in nature of these Writs are to be sued there of copy-hold It is said that a Fine levied in ancient Demesne is of no worth for it is no Court of Record but it is said that common Recoveries may be sued there to cut off the Intail and good for that that the land shall be pleaded there by a Writ of Right close and not otherwise and copy-holder shall be impleaded in Court Baron of the Mannour by Plaint and not elsewhere And for that the Recoveries aforesaid to cut off the Intail of a copy-holder may be there though they were not there used before if there be Estates Tail there and if usage makes the Estate Tail and also usage makes the copy-holder to have an Estate of Inheritance by custome and is good 50. Book of Assises 9.47 Ed. 3.38 And though Littleton fol. 16. If Lord out his copy-holder he hath no other remedy but to sue to his Lord by Petition for he saith the Lord cannot break the custome which is reasonable but if such Lord will break the Custome it is no Reason to suffer such a Lord to be his own Judge and to compell a copy-holder to sue to him by Petition But for that that divers Lords are of an ill conscience that before were as I have heard for that divers grave Judges now hold that a tenant copy-holder may have Trespass against his Lord according to the opinion of Brian and Danby And this at this day seems reason for though at the beginning copy-holders had but Estate at the will of the Lord yet by the continuance of this Estate of time out of minde they have such Inheritance by the custome of the Mannour that the Lord doing his Services cannot out them and the prescription goes to the Land and not to the Lord nor to the occupation for that is copy-hold land which hath been let and demisable time out of minde c. If the Tenant by copy deny to do his Services the Lord may enter for forfeiture if it be presented by the Homage but if the Tenant by chance makes a Default at the Lords Court and
yet the Land shall be ancient Demesne as it was before By Knivet Fine levied in ancient Demesne is nothing worth for it is no Conrt of Record but common recoveries are used there to cut off an intaile 50 Ass 9. No Land may be pleaded there by right close and not else where How Land in ancient demesne is made frank Fee for a time and how for ever DUring the time that Lands in ancient Demesne is in the hands of the King it is Frank Fee but if the King grant that over to hold of the Mannor againe it is ancient Demesne againe 21 Book of Ass 13. If Recovery or Fine be in Common Bench of Land in ancient Demesne the Land is Frank fee till it be defeated by the Lord by Writ of Deceit and when that is defeat it is void to bind the parties 8 Ed. 4. fol. 6. See 3 H. 4. fol. 6. accordingly If the Tenant in ancient Demesne enfeoffe his Lord of the Mannour being common person and not King the Lordship is Frank see for ever 9 H. 6. fol. 24. B. 3 H. 4. fol. 16. the same Where the King gives Land of ancient Demesne to hold in Franke Almaigne that is Franke fee 6 H. 4. fol. 2. Where a Fine is in common Bench of Land in ancient Demesne is Frank fee so that after if a Recovery of that be in ancient Demesne it is void and before not a Judge 7 H. 4. fol. 3. B. 7 H. 4. fol. 29. the same If the King was once seised of Land in ancient Demesne and lett that for life it is Frank fee for the time 11 H. 4 fol. 84. Where Land in ancient Demesne is forfeit to the King by attainder and the King grants that over to another and his heires now they are Frank fee for ever 13 H. 4. fol. 7. Where a Fine is levyed of Land in ancient Demesne in the Common Bench the Lord may defeat that by a Writ of Deceipt and yet if he to whom the Fine was c. hath a Release with confirmation of the party made after the Fine his Estate is good notwithstanding that the Fine be defeated Fitzh 98. a. The Lessor by his confirmation to his Tenant may make the Land in ancient Demesne Frank fee but if he confirme to hold by meaner services it is no Frank fee 30 Ed. 3. fol. 16. Where Land in ancient Demesne Escheats to the Lord for that that the Tenant dyes without heire generall or speciall are Frank fee for ever for he holds them now of the Lord Paramount 18 Ed. 3. fol. 19. If the Tenant in ancient Demesne answer the action in Precipe in the Common Bench yet it is no Frank fee before Judgement given 2 Ed. 4. fol. 26. The Lord by his confirmation may alter the tenure but not the estate of the Land where he confirmes to hold at the Common Law 49 Ed. 3. fol. 7. Fine at the common Law recovery or where he is in by the Kings Charter or by feoffment of the Lord these prove the Land frank Fee and not ancient Demesne Fitzh fol. 13. C. If the King be seised of Land in ancient Demesne this is Frank fee but if the King demise it to another the Land is ancient Demesne again 17 Ed. 3. fol. 52. A man recovers in ancient Demesne Lands which were at the common Law against a man by Verdict of a Jury and he against whom the recovery was brought an Assise upon that and awarded that he should recover Seisin 30 Ed. 1. Tit. Assise 379. Note the tenure and tryall of ancient demesne and who shall plead ancient demesne LAnds which are ancient Demesne are Soccage Fitzh fol. 11. Tenants in ancient Demesne are those which hold of the Mannors which were in the hands of Saint Edward the Confessor at the time that the Book of Doomsday was made but the Lands written in that Book to be in other mens hands are not ancient Demesne Fitz. 16. E. All the Lands which were in the seisin of Saint Edward the Confessor when the Book of Doomsday was made are called ancient Demesne and the Lands in other hands c. Frank fee Natura brevium fol. 14. If the Land be ancient Demesne or not shall be tryed by the Book of Doomsday 49 Ed. 3. fol. 22. In Monstraverunt Assise The Tenant pleads that the Land was ancient Demesne and it was tryed by Assise in the Book of Notting and also North. 8 Ed. 2. Statham fol. 20. Triall of ancient Demesne is by the book of Doomsday and by that it was certified that London was not ancient Demesne 7 H. 6. fol. 34. In Assise of Mortdancester ancient Demesne was tried by the Country 8 Book Ass 35. 9 Book Ass 9. the same In Assise the tenant saith that it was parcell of the Mannor of B. which is ancient Demesne and the other saith that it is not parcell and upon this at issue and that was tryed by Assise 12 Book of Assises 18.22 Book of Assises 45. the same Assise none shall plead ancient Demesne but he which is Tenant and not the Disseiâ—or 21 Book of Ass 2.41 Ed. 3 tit 22. the same If Land be in the book of Doomsday written under the Title Land of the Bishop and not Land of the King yet though it be in the book of Doomsday it is no ancient Demesne 40 Ed. 3. fol. 45. Form of Pleadings that the Land is ancient Demesne and how he shall sue for ancient Demesne and for Copy-hold in ancient Demesne BY Prisot he which pleads ancient Demesne shall say that the Land is held of the Mannor of D. which is ancient Demesne and pleadable by a petty VVrit of Right close from time out of minde and demand judgment if the Court will acknowledge 36 H. 6. fol. 18. 3. H. 6. fol. 48. But see by Thirne and granted that frank Fee may be held of a Mannor of ancient Demesne 11 H. 4. fol. 85. Precipe the Tenant saith that the Land was parcell of the Mannour of D. which is ancient Demesne and pleadable by petty VVrit of right close time out of minde and demand judgment if the Court will acknowledge and it is no Plea for the Demandant to say to that that it is frank fee for that that it doth not gainsay but that the Mannor is ancient Demesne and that this is parcell but he ought to plead specially how it is become frank fee 41 Ed. 3. f. 22.12 Book of Ass 16.22 Book of Ass 45. Right close lieth alwaies between Plow-holders and no Plow-holder may implead another Plow-holder of Lands in ancient Demesne unlesse by this VVrit and shall make in this his protestation to sue in nature of what VVrit he will as his case is Nat. Brevium fol. 11. They call Tenants in ancient Demesne Sokemaines Britton fol. 105. Copy-holder of base Tenure shall not have a Right close but ought to sue by Bill in the Lords Court but copy-holder in ancient Demesne of free-tenure
Book of Assises 10. Escheats Where it shall Escheat and not discend and where not And for that in the same second Article is also inquirable what advantage the Lord may have by the death of his Tenant that is to say Ward or Escheat Now let us see what is impediment by attainder and otherwise that the Issue of the Lands in Fee cannot be heire by discent not that his Father and Mother were marryed and where the Lord shall have that by Escheat and where not IF an Infant of the Age of seven or eight yeares marry a Wife and his Wife have Issue within one yeare or two after marriage this Issue shall not be his heire and if he have no other heire generall or speciall the Land shall Escheat 38 Book of Assises 24. If the Father being an Alien hath a Son and after the Father is made Denizen and after hath another Son and after purchase Lands and dyes the youngest Son is heire and if he dye without Issue the Lord shall have the Land by Escheat and not the eldest Son for he is an Alien Doctor and Student fol. 12. The eldest Son is attaint of Felony in the life time of his Father and is hanged the Father dyes the youngest Son shall inherite and it shall not Escheat But if the eldest Son be attaint in the life time of his Father and survive the Father the Land shall Escheat 20 Booke of Assises 2.46 Ed. 3. tit Discent 6.49 Ed. 3. fol. 11. 31 Ed. 1. tit 17. accordingly If the Son be attaint of Felony or Treason and after is pardoned and after that his Father dyes seised of land the Lord shall have that by Escheat rather then the Son 13 H. 4. fol. 8.1 E. 3. lit 15. accordingly See before that Doctor and Student fol. 25. Where the Husband is attaint of Felony and purchase his pardon and after dyes his Wife shall not be endowed of Land which he had before the attainder but it ought to Escheat but of those which he purchases after shee shall have Dower and shall not Escheat Littleton fol. 11. If the Husband seised of Land commit Felony and after alien and after is attaint the Wife shall have Dower against the Feoffee but otherwise it is if it were Escheated Nat. bre fol. 7. If the Son be outlawed of Felony in the life time of his Father and hath a pardon and after the Father dyes seised of Land the Son shall not have these Lands but the Lord by Escheat though he hath diverse Sons 31 E. 1. tit 17.11 H. 4. fol. 11. 22 H. 6. fol. 38. The Father outlawed of Felony purchaseth a pardon and after purchaseth Lands the Son hee had before the Felony may inherite them and the Lord shall not have them by Escheat 9 H. 5. fol. 9. If one dye Tenant to the Lord without heire generall or speciall as if the Tenant be disseised and dyes without heire generall or speciall the Lord shall have the Escheat of this Land though he did not dye seised for that that he dyed Tenant 2 H. 4. fol. 9. 7 H. 4. fol. 18. accordingly 32 H. 6. fol. 31.36 H. 6. fol. 1.6 H. 4. fol. 5. the same And Nat. bre fol. 103. the same Where an Alien purchases the King may seise 11 H. 4. fol. 25. 14 H. 4. fol. 20. accordingly And if a Denizen purchase and dye without Issue born within the obedience of the Queen this Land shall Escheat to the Lord. If an English Tenant marry an Alien she is forthwith upon the marriage of the Kings allegiance and their Issue shall inherite and it shall not Escheat Abridgement of the Book of Assises fol. 39. Where there is Lord and Tenant and the Tenant grants Rent charge and dyes without heire generall or speciall the Lord shall have the Land by Escheat Rastall Escheat 15. but hee shall hold it charged 3 Book of Ass 1. The same Law is of the Kings Tenant which grants Rent and dyes c. and his heire in Ward by the Statute 2 3 E. 6. chap. 8. Lord and Tenant the Tenant is disseised and the disseisor dyes seised and the disseisee dyes without heire the Lord shall not have that as by Escheat for I intend hee dyes not in his Homage 32 H. 6. fol. 31. B. Lord and Tenant the Tenant lets for life and dyes without heire though he dyed not seised the Lord shall have Escheat 2 H. 4. fol. 9. If one be attaint of high Treason the King shall have Escheat of whomsoever he hold notwithstanding if it be of petty Treason the Lord shall have the Escheate 22 Book of Ass 49. If the Tenant be beheaded for Felony the Lord shall have Escheat and shall say for which he was hanged Natura brevium fol. 100. 8 E. 3. in the Register f. 165. accordingly If my Tenant within age alien to one in Fee and within age dye without heire the Lord may enter by Escheat 16 E. 3. tit Statham fol. 84.3 E. 3. Journey to North See 6 H. 4. fol. 3. North that he cannot enter but he may have Escheat It seemes that the Lord cannot enter by Escheat where his Tenants entry is taken away as if the Husband discontinue the Lands of his Wife and the VVife dyes without heire the Lord cannot enter by Escheat 32 H. 6 fol. 27. by Littleton If a man goe over the Sea without license and there takes a Wife and there by her hath Issue if the Issue survive his Father the Land of the Father shall Escheat 22 H. 6. fol. 38. by Newton 1 R. 3. fol. 3. by Hussey He which is borne beyond the Sea and his Father and Mother were English that their Issue shall inherite by the common Law but by the Statute aforesaid it is cleer The same Law is where an Alien borne purchase lands of the King before he be made Denizen or if hee be a Denizen and purchase Lands and dyes without heire borne under the obedience of the King there the King shall have that Land as Perquisite in manner as Escheat Where the Tenant hath an Estate in fee and dyes without heire generall or speciall his Land shall Escheat to his Lord Fitzh 143. T. 32 H. 6. fol. 31. The Lord cannot enter but where his Tenant might enter and for that if the Husband and the Wife discontinue and the Wife dyes without heire the Lord cannot enter by Escheate And if the Tenant be disseised and the Disseiser dyeth seised and his heire enter and after the Disseisee dyes without heire the Lord cannot enter 37 H. 6. fol. 1. It seemes by Fortescue that the Lord shall have Escheat or Ward though his Tenant did not dye seised 2 H. 4. fol. 9. The Lord shall have a Writ of Escheat though his tenant dyed not seised for if he dye his tenant that sufficeth If my tenant lets for life and dyes without heire he doth not dye seised and yet the Lord shall have the
85. the same It is granted by all the justices that the King shall not out the Farmor of his Tenant by reason that the heire of his Tenant is in ward nor he which hath execution upon the Statute nor Rent charge granted by his Tenant nor grant of next Advowson Time of H. 8. Tit. Ward 44. Now if the Tearm be not found in the Office for the King yet the Farmor shall injoy his Tearm 2 Ed. 6. chap. 8. Where there is Lord and Tenant Rastall Escheat 15. and the Tenant grants a Rent charge and dies his Issue within age the Lord being Guardian shall hold this Land charged 3 Book of Ass 1. Seisin Seisin of the Guardians vests Free-hold in the Heire and Chattell in the Guardian and Seisin of the Lord of parcell sufficeth to have ward but not to avow for all and see what Seisin is materiall WHere by Office one is found in ward to the King that settles the profits in the King and the Freehold in the Heire 1 H. 7. fol. 6. and 42 Ed. 3. f. 4. Seisin of the Ward is Seisin of the Son within age so that if he dye without other Seisin the Daughter of the halfe blood shall not have this Land 8 Book of Assises 6. Possession of the Guardian is possession of the Heir for if the Guardian be outed the Heire shall have Assise without other Seisin 2 Ed. 4. f. 5. Though the Free-hold be in him which is in ward yet if he being in Ward cut the Trees of his Land in Ward the Lord may have trespasse against him 5 H. 4. fol. 2. If the Tenant holds by Homage Fealty and Rent and the Lord hath been seised of the Rent but not of the Homage within memory yet this sufficeth to have the ward 6 Ed. 6. Tit. Ward 122. If the Tenant hold by Rent and Knights Service and the Lord and his Ancestors have been alwaies seised of the Rent but not of the Homage Escuage not of the ward yet if the ward fall The Lord shall have the Ward of the Heire by Seisin of the Rent for the Seifin is not traversable notwithstanding otherwise it seems to make avowrie 7 Ed. 6. tit 69. 13 H. 4. Seisin of Homage without Escuage is sufficient to have releife for avowrie 22 Ed. 3. Tit. 90. Tenure B. By the Seisin of Escuage the Lord may distraine and make Avowrie for Homage 27 H. 8. fol. 25. Avowrie for Fealty and Rent and Issue upon the Tenure Seisin of the Rent is not good evidence nor Seisin of Suit of Court for it is another thing that the Avowrie is made for 44 Ed. 3. f. 11. Seisin of Fealty is not iufficient Seisin to have Assise of Rent but sufficient Seisin to make Avowrie for all 45 Ed. 3. fol. 23. the same Seisin of Escuage nor releife shall not be traversed and for that where one avows for Homage Fealty Releife and Escuage it is no Plea that he was not seised of Escuage nor of releife for paradventure Escuage is not assessed by Parliament within memory 13 H. 4. f. 6. Where one holds by Fealty and Rent If the Lord were seised of the Rent it is sufficient to avow for all see 29 Ed. 3. fol. 31. and 27. H. 8. f. 24. But the Issue was upon the Tenure Where one holds by Fealty and Rent Seisin of Fealty is sufficient to avow for all 45 Ed. 3. f. 28. 44 Ed. 3. f. 10. See 27 H. 8. f. 24. Seifin of parcell of Rent is sufficient to have Assise of all 8 Book of Ass 4. But if one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Nat. Bre. fol. 109. If one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Abridg. Book of Ass fol. 16. Seisin of Rent by the Predecessor of a Parson c. Of a corporation if it be gainfaid to the Successor it is sufficient to have an Assise of this Seisin Fitzh fol. 179. C.F. Seisin of Fealty is not sufficient to have Assise of Rent 20 H. 3. Tit. Avowrie 433. Where one holds by Fealty and ten shillings Seisin of parcell of the Rent sufficeth to have Assise for all Inquire time of Ed. 1. Tit. Avowrie 229. One may avow for releif without alleadging any Seisin of it 20 Ed. 3. Title One may have Escheat and Ward before that he be seised of the Services 11 H. 4. f. 16. Where one avows for that that the Plaintiff hath common in his Land and hath used to pay to him ten shillings and hath used to distraine for that it is not good without alleadging Seisin of that Rent 26 H. 8. fol. 6. Homage and Fealty And for that that the third Article of the charge is to inquire of Services withdrawn and for that that some Tenants make Homage and Fealty and some Fealty only you ought to see the form in Master Littleton fol. 18. and 19. Of making of one and of another and what shall be one and what the other and that none shall make Homage nor take Homage but such a one which hath an Estate in Fee simple or in Fee taile in his own right or in right of another and if a Woman having Lands in Fee or in taile takes a Husband and have Issue The Husband in the Life of his Wife shall make Homage but before Issue it shall be made in both their names and if the Wife dye the Husband shall not make Homage HOmage shall not be made to Tenant in Dower for it shall be made to none if he hath not Inheritance 22 Ed. 3. f. 19. 7 H 4. fol. 21. He which holds by Knights Service shall make Homage Litt. fol. 22. He that holds by Socage may hold by Homage and shall make Homage One cannot avow upon a Husband and a Wife as of right of the Wife for Homage unlesse that the Husband hath Issue by the Wife but if he avow upon them it need not be alleadged but it shall be intended that they have Issue see 44 Ed. 3. fol. 41. and 43 Ed. 3. fol. 13. Corporation cannot make Homage for corporation cannot appeare but by Attorney 33 H. 8. Title Fealty 15. Bishop or Abbot may take Homage contrary of Parson of a Church Time of Ed. 1. Tit. Fealty 12. In a Perque servitia an Infant was constrained to attorn and to make Fealty notwithstanding his nonage 20 Ed 3. Tit. 19. Tenant for yeares shall make Fealty to his Lessor Lit. fol. 29. D. 9 H. 6. fol. 43. and 5 H. 7. fol. 11. accordingly where a Rent is reserved By all the Justices that Tenant for yeares shall not make Fealty for it is as I beleeve to be intended not to the Lord but to the Lessor 10 H. 6. f. 13. It seems that a Lessor may avow upon a Lessee for years as within his Fee by the Mannor and for that shall make Fealty to his Lessor and may avow for
that 40. Ed. 3. fol. 34. If Rent of a Lessee for yeares be behinde the Lessor cannot avow upon the Termor as of Tenant upon the Land but upon the matter 47 Ed. 3. fol. the last 24 H. 8. Tit. Fealty 8. In the Exchequer held that if Lands discends to me which is held of J.S. by Homage and I make to him Homage and after other Land discends to me by another Ancestor held of J.S. also by Homage I shall make Fealty but not Homage again for I am become his man before the same Law is if both the Tenements are held of the King by Homage he shall not have two Homages but one Homage only Lit. f. 29 Tenant at will by the common Law shall not make Fealty to the Lessor but Tenant by copy at will according to the custome of the Mannor shall make Fealty to his Lord Lit. in the end of the first book and f. 29. and 10 H. 6. f. 13. accordingly If there be Lord and Tenant and the Tenant holds three Acres of the Lord by Fealty and Rent and aliens all the three Acres the Lord is not held to change his Avowrie without notice and to avow upon the Feoffee for Fealty and Rent But if he will he may the same Law if he alien but one Acre not that the Statute of Westminster the third is that he shall hold for that particular yet this is upon notice 8 Ed. 4. fol. 12. and 47. Ed. 3. fol. 4. If the Tenant make a Feoffment and there is no notice made to the Lord and the Tenant dies the Lord may distraine the Issue for Fealty and Rent and avow upon him for it sufficeth that he dies Tenant though he doth not dye seised of the Land 44 Ed. 3. fol. 13. If the Tenant be disseised and the Disseisor dyeth seised the Lord there cannot distraine the Tenant for Fealty but the Issue of the Disseisee 32 H. 6. fol. 31. and 34 H. 6. fol. 51. If the Tenant hold by Fealty and Rent if the Tenant make a Feoffment in Fee the Lord may distraine the Beasts of the Feoffee for Fealty and Rent And make avowrie upon the Feoffor till notice be given and after notice given he shall avow upon the Feoffee if he tender the arrearages otherwise not for by the Feoffment and notice he shall not loose the arrearages but may distrain as above and avow upon the Feoffor for the arrearages But I intend if the Lord accept Fealty of the Feoffee he hath lost the arrearages 47 Ed. 3. f. 4. Note that by the Statute of 21. H. 8. chap. 9. One may avow the taking in the Land if he will as within his Fee and Lordship as in Lands held of him without avowing or justiffing of any person certaine Where one in ward of the King holds of a common person also by Homage or Fealty the Lord cannot distraine for Homage or Fealty during the time that it is in the Kings hand and yet the Signiorie is not suspended but only from distresse so that after he may distraine 13 H. 7. fol. 16. If Tenant in taile which holds by Fealty makes a feoffment yet the Donor cannot avow upon the Feoffee for Fealty but if one recover against a Tenant in taile the Donor ought to avow upon him which recovers for the Fealty and if there be Lord and Tenant and the Tenant were disseised and the Lord accepts the Rent of the disseisor yet that shall be but as a Bailiff to the Disseisee and ought to avow upon the Disseis otherwise I suppose of Fealty 41 Ed. 3. f. 26. If there be Lord and Tenant by Homage and Fealty and the Tenant be disseised and the Lord accept Homage of the Disseisor he cannot avow for Homage upon the Disseisee Fitzh 142. E. Hariot For that that diverse Lords of Mannors have Hariots and these are to be inquired for the Lord in Court-Baron in the second Article of Charge It is to be noted that there are two manner of Hariots that is to say Hariot custome and Hariot service and for that Hariot custome is properly as it seems after the death of the Tenant for life and for yeares and of every Estate and also is upon altenation IT is properly Hariot custome after the death of the Tenant for life 8 H. 7. fol. 11. To have a Hariot after the Death of every Tenant that is to say for life and for yeares is a Hariot custome 21 H. 7. f. 16. f. 13. the same To have a Hariot after the death of the Tenant for life is Hariot custome for Hariot service is after the death of the Tenant in Fee 21 H. 7. Tit. 5. Br. Custome that every Tenant of every Estate ought to pay Hariot after his death is Hariot custome 14 H. 4. f. 5. Where the Lord is to have Hariot upon every surrender or upon every alienation is Hariot custome 3 H. 6. Tit. 8. b. Note that a Hariot custome may be due after death or alienation as the custome will serve It seems Hariot service is properly after the Death of Tenant in fee upon discent and not upon every Estate as before is said HAriot service is by reason of the Tenure 8 H. 7. fol. 20. Hariot service is by the Tenure and if the Tenant alien the Land without notice yet the Lord may distraine upon the Land for the Hariot for it is by reason of the Tenure and the Land is charged 8 H. 7. f. 10. B. 6. that is by prescription Hariot service is after the death of the Tenant in fee and not of every Estate 21 H. 7. f. 13. B. 5. You shall see more for payment of Hariot service title discent before and title releife after Where a Haâ—iot is certaine the Lord may seise that as Hariot custome and note that for Hariot service he may distrain it seems where it is certaine to have the best Beast that he may seise THE Lord may seise as well for Hariot service where he is to have the best Beast as for Hariot custome But it is said in another place that for Hariot custome he shall alwaies seise and not distraine for the property is in the Lord forthwith 38 Ed. 3. fol. 7. Br 2. For Hariot custome the Lord may seise and if it be conveyed away he shall have a Detinue and for Hariot service if it be conveyed away he may distraine time of H. 8. Br. 6. Doctor and Student f. 65. The Lord hath property in Hariot custome and may seise that and for Hariot service he may distrain and not seise 8 H. 7. f. 10. Br. 7. He cannot prescribe to distraine for Hariot custome though that it be conveyed away for that that he may have a Detinue for the Law adjudges possession in him 13 Ed. 3. Br 9. It is adjudged that the Lord may seise Hariot service as well as Hariot custome See Plowdens Commentaries fol. 96. between Woodland and others and 16 H. 7. f. 5. It seems
heires males adjudged that the Grant is void for that that the King is deceived in his Grant for this sounds in Fee simple whereas it is sayd the King intended but an Estate taile which is not so expressed And therefore now he is but Tenant at will and contrary in the case of a common person For Littleton fol. 6. saith Lands are given to another to have and to hold to him and his heires Males or to his heires Females or to whom the gift is made hath Fee in a common persons case for that there is no limitation in the gift of what body 6 H. 7. fol. 13. If Office be granted to one for life and after the King grants that to another and doth not recite the first Grant the King is deceived and it seemes that the second Grant is voyd 1 H. 7. fol. 13. Where the King of meer motion forgave A B of all his Debts and was Sheriff and after in the Exchequer he pleads that as Sheriff and held for that that it is of his owne motion and is generall yet he may plead that and it is a good Barr Otherwise it is where it is by suggestion for where it is of meer motion it is intended the King is not deceived but it seems if the King pardon one all his Debts he as an Executor shall not take advantage of that The same Law is if two be indebted and the King pardon one the other shall not take advanrage of that for it was the onely debt of him 9 H. 7. fol. 2. Where a Grant of the Kings is of his meer motion and the King recites that where he hath granted by his Patent he ratifies and confirmes and over We give and grant this give and grant is not but voyd for the King is Estopped to say the contrary but that he granted and ratified that but if it were as We are informed he is not Estopped and the King there is deceived And where it is of his meer motion recyted that he holds for life he is Estopped to say contrary but if it were as We are informed he is not Estopped and the King is deceived and he holds not for life 3 H. 8. fol. 7. held VVhere a Grant of the King is not onely of his meere motion but also of suggestion there if any part of the suggestion be not true the whole Grant is voyd 8 H. 7. fol. 1. VVhere the King upon information of the party Grants a Mannor which he hath by forfeiture and hath not that by forfeiture it is voyd for he is deceived So it is sayd where the King grants reversion where there is no reversion he is deceived and voyd 27 H. 8. tit Patents 100. It is sayd for Law that a false consideration in letters Patents shall not avoyd them as where the King for ten pounds to him payd gave such Land and the ten pounds is not payd the Patent is not void and shall not be repealed Contrary of Patent granted upon false surmise as to falsifie that the Land came to the King by the attainder of J. S. which is not true or such like 26 H. 8. fol. 1. If the King grants Lands to J. S. and recites for good service he hath done he grants and it is not true yet the Grant is good though the consideration is false 27 H. 8. fol. 33. by 6 H. 8. fol. 15. Will That the second Patent of an Office shall be voyd where another Patent is made before during the will of the King If mention and recytall be not made in the second Patent of the first Patent made at the will of the King if the Officer hath Fee it is voyd otherwise it is if hee have no Fee as it seemes 3 H. 7. fol. the last 6 H. 7. fol. 13. the same Where the remainder in Fee depends upon determination of Estate and where upon Condition and where upon Contingent HUsband and his VVife seised in right of his VVife in taile the Husband enfeoffs other two so long as J. S. and seven other persons live together and if it happen any of them to dye that then the remainder to the Husband and his VVife and to the heires of the VVife and J.S. dyes and the Husband and the VVife enter as they may for the remainder depends upon determination of Estate and not upon condition for death is certaine and for that the Estate is determined 18 H. 8. fol. 3. 18 Ed. 3. fol. 2. A Fine was levyed to the Husband and his VVife and to their heies Males of their two bodies begotten so that if the Husband dyed without heire Male that that should remaine to the right heires of the Husband and is received for that doth not depend upon condition but upon a limitation upon contingent of death which is certaine 27 H. 8. fol. 28. A Fine upon grant and render by which the Conisee grants and renders to the Conisor the Lands in taile upon condition that the Conisor and his heires shall carry the Standard of the Conisee in Battell and if the Conisor or his heires faile that then that shall remaine to a stranger this depends upon a condition and by Fitzherbert Fine cannot be taken upon a condition but if it be taken it is good And by Fitzherbert the Fee is in the stranger forthwith before the Tenant for life dyes otherwise it takes no effect for this word that then it shall remaine referrs to the possession of the Lands that is that then the possession of the Land after the death of the Tenant for life should remaine but if one let for life upon condition that if he dye c. the remainder to a stranger that is in him presently Plowdens Commentaries fol. 487. Nichols Case If a Lease be made upon condition that if the Lessee pay certaine Moneys within the tearme that he shall have it in Fee he hath no fee forthwith but upon the payment but it seemes this varies from the remainder If a man makes a Lease for life upon condition that if the Lessor dye without Issue that then the Lessee shall have fee the Lessee enters into Religion and after the Lessor dyes without Issue and after the Lessee is drawne out of Religion he shall not have fee in so much that at the time of the condition the fee could norvest in him 21 H. 7. fol. 11. Gift is in taile upon condition that if he alien in Fee that his Estate shall cease and that this shall remaine to a stranger it is not good for an Estate of Inheritance cannot cease also it cannot remaine without particular Estate and it cannot be upon a condition repugnant Where your Tenant hath the fee in him in expectancy and not executed in him and where it is executed in him A Lease to the Father for life the remainder to the eldest Son in taile the remainder to the right heires of the Father the Father dyes and the eldest Son dyes
in the Debet and Solet Fitzherbert 134 C shall not have a VVrit of Rationabilibus divisis which is a VVrit of Right Fitzh 10. D. The issue in tail shall not be estopped by Seisin of more rent in the time of his father and for that he shall not have a Ne injuste vexes but may avoid that in Avowrie Fitzh fol. 9. If Tenant in tail hath Issue two Daughters and one enters in all the other shall have a Formedon and not Nuper obiit nor Rationabili parte Fitzh 39. If Tenant in fee of an advowson be disturbed he shall have a Writ of Right of advowson But Tenant in tail of advowson if he be disturbed shall have a Quare Impedit and not a Right of advowson Fitzh 105. S. If Tenant in tail be barred in a Formedon by false verdict and after releases and dies his heir shall have Attaint Fitzh 158. L. The Issue in tail shall have Detinue against the Discontinuee for the deed by which the land was given in tail Fitzh 155. If Tenant in tail lose by default and dies without Issue he shall not have quod ei deforceat but a formedon 7 H. 4. fol. 48. Tenant in tail before the Statute had fee conditional and now by the Statute hath tail and for that shall not forfeit for Treason nor for Felonie but that the Issue shall inherit but by the Statute now he shall forfeit for Treason Nat. bre fol. 102. If tenant in tail be attaint for Felonie his Issue shall inherit 12 H. 4. f. 3. If tenant in tail forfeit his land his Issue shall inherit and yet his wife shall not be endowed by Hank Litt. fol. 11. If a man be seised of land and commits fellonie and after aliens and after is attaint his wife shall have a Writ of Dower against the Feoffee by Navisor But if it be escheated to the King or Lord she shall have no Writ of Dower see 8 Ed. 3. contrary in the like case Nat. Brevium fol. 101. If tenant in tail commit felony for which he is attaint the King shall have escheat for his life 5 6 Ed. 6. cap. 11. VVhere the Husband commits high treason the VVife shall not be received to demand her Dower Perkins fol. 61. If tenant in general tail takes a VVife and hath Issue by the same VVife and the Husband is attaint of felonie and dies his VVife shall not be endowed and yet by the Statute of Westm 2. cap. 1. the Issue shall inherit Stamf. fol. 194. By the Common-Law the offender in felonie or treason shall forfeit the title that his VVife shall have by the marriage to be endowed of the land But by the Statute of 1 Ed. 6. cap. 12. though any person be attaint convict or outlawed of any misprision of treason murther or felonie yet their VVives shall be endowed But by 5 6 Ed. 8. cap. 11. it is otherwise of treason as afore is said see 5. Eliz. cap. 1. cap. 11. 18 Eliz. cap. 1. for certain treasons 19 Ed. 2. tit 61. Fitzh Before the Statute of West 1. after Issue had tenant in tail hath power to alien but not before Issue had 4 Ed. 3. tit 22. Fitzh Land given in special tail to have to them in fee and if they die without Issue of their body that the land shall revert c. this is adjudged a special intail 24 Ed. 3. tit 4. Fitzh If lands be given to two Husbands and their VVives and to the heirs of their bodies begotten it is held clearly that this is a several intail that their Issues shall have several actions Littleton fol. 52. If lands be given to two men and to their heirs of their two bodies begotten the Donees have joynt estate for their two lives and yet have several inheritances that the Issue of one shall have one half and the Issue of the other the other half 8 book of Assise 33 the same 30 book of Assise 9 by Shard If the Ancestor at one time was seised of an estate tail and after purchaseth in fee and after charges the land and dies and his issue enters he shall hold it discharged 18 Ed 2 tit 856. Lands given to one and the heirs of his body to be begotten is a good intail and the issue before as after shall inherit 4 Ed 2 tit 22 Lands given to the Husband and his VVife and to the heirs of their bodies to have to them and their heirs and if they die without heirs of their body that the land shall revert and adjudged a special intail 2 Ed. 4. fol. 6. Land is given in tail to be held of the cheif Lords it is a void Tenendum and shall hold of the Giver 3 book of Assise 8. 4 H. 6. fol. 19. 27 H. 8. f. 31. If Tenant of the King makes a gift in tail without license the King may choose the giver or the to whom it is given for his Tenant but if he take the ward of one he shall not have the other 5 H. 4. f. 3. Where lands was given to Eme to have to the said Eme and the heirs of the body of Iohn late her Husband the remainder to the right heirs of Eme and for that the heirs of John were not named before the habendum he hath nothing but Eme hath an intail c. 12. H. 4. f. 2. Where lands was given to J.M. and to the heirs of the body of Eliz. late his Wife begotten and though Eliz. was dead at the time of the gift yet this is a good intail that W. the issue of J.M. of the body of Eliz. shall inherit Littleton 6. If a man have issue a Son and dies and land is given to the Son and to the heirs of the body of his Father begotten this is a good intail and yet the Father was dead at the time of the Gift What Acts by Tenant in tail shall bind his issue and others and what not TEnant in tail the reversion to the King Rastall Recoveries 4. makes a feoffment and dies his issue enters and is Tenant in tail for he cannot discontinue And 34. H. 8. chap. 20. If he suffer common Recovery or Voucher where the reversion is in the King this shall not bind the issue 40. Ass 36. Fine levied by tenant in tail in possession reversion Rastall Proclam 3. remainder or in use of full age with Proclamation according to the Statute of 4. H. 7. chap. 12. immediately after the Fine levied and Ingrossed and Proclamations made shall be a Barr against the Tenant in tail and also against his heirs claiming the tail But if Tenant in tail the reversion in the King levie such a fine Rastall Fines 9. this is in such force and effect as it was before the making of this Statute and not otherwise 32 H. 8. chap. 36. See 30 H. 8. tit Barr the 97. Assurance 6. Tenant in tail is bound in a recognisance and execution is sued by Elegit
a man pleads death of the Defenfendant hanging the Writ he shall not plead that after the last Continuance for that by this the Writ is abated in deed contrary of a Plea which proves the Writ abateable 34. H. 6. fol 49. At the day of Nisi prius the Defendant pleads to the Writ that one of the Plaintiffes was dead after the last continuance at D. in the County of Darby Judgment of the Writ and the Plea recorded and the matter adjourned and had that Plea 14 H. 6. fol 9. 38. Ed 3. fol 5. Precipe by a Woman the Tenant tenders his Law of not summoned and at the day was essoyned and at the day saith that the Demandant took a Husband after the Law tendered and for that that he did not say after the last continuance that is after the essoyn it was held no Plea 4. H. 7. fol 8. A man shall have but one Plea after the last continuance 38. H 6. fol 33. the same 16 Ed 4. fol 5. A man may plead a Plea after the last continuance after Issue joyned and in another Tearm till Verdict but not mean between Nisi prius and the day in Bench. â— H. 7. fol 8. A man shall not have a Plea after the last continuance unlesse such Pleas which were not in being at the time of the first Plea for otherwise it is not after the last continuance Maintenance In so much that Maintenance may be the better avoided let us see what maintenance is forbidden by the Law THat no Clark of a Justice or Sheriffe shall not maintain parties in quarrels nor in businesses which are in the Kings Court West 2. chap 28. That none of the Kings Counsellors nor none of his house nor none of his other servants nor no great ones of the Land by sending of their Letters nor in other manner nor no other of the Realm shall not undertake to maintain quarrels nor parties in the Country in disturbance of the Common Law 1 Ed 3. chap 14. See 20 Ed 3. chap 3. That no Counsellor Officer or Servant nor any other persons shall not uphold or maintain any quarrels by maintenance in the Country nor elsewhere first of R. 2. chap 4. That henceforth none buy or sell or take promise grant or Covenant to have Mannors Lands Tenements or hereditaments But if such person which sells their Heirs or they by whom they claim have been in possession of the same or of the reversion or remainder of that or hath taken Rents or profits of that by the space of one whole year next before that bargain Covenant Grant or promise made upon pain of him that bargains to forfeit the value of the Lands And the Buyer also knowing that to forfeit also the value of the Land the one half to the King the other to him which will sue for the same within one year after the same offence And it is also Enacted that none from henceforth unlawfully maintain or cause or procure any unlawfull maintenance in any action or complaint in any of the Courts of the King of the Chancery Starr-Chamber White-Hall or otherwhere within the Kings Dominions where they have power to hold Plea of Land by Commission Patent or Writ And also that none shall instruct Jurors or subborn Witnesses by Letters Promises or by any other sinister labour or means to maintain any matter or cause or to hinder Justice or to procure or occasion any manner of perjury upon pain of forfeiture for every such offence 10 l. one half to the King and the other to him that will sue for the same within one year after the same offence 32. H. 8. chap 9. If one will say he will maintain and doth it not he shall not be punished for maintenance And Champerty lies where one purchases hanging the Suit 9. H. 7. fol 18. See 3 H. 6. fol 53. It seems it is no maintenance to give money before a Suit begins but hanging the Suit Maintenance the Writ was in Plea which was hanging he maintains and it is good and it seems it is better to say in Plea which was hanging 10. H. 7. f. 27. It seems one may covenant to have part of an Obligation when it is recovered for travelling with an Alien which cannot speak English nor Latine to his Counsell so one may covenant with one indebted to him and deliver him the Obligation of another in satisfaction of his Debt to sue in his name and notwithstanding that he paid Counsell it is no Champerty Every Champerty implies in it Maintenance but not of the contrary and he to whose use and every one that hath lawfull Interest in the Land may maintain 15 H. 7. f. 2.34 H. 6. fol. 33. the same By Fineux If a Servant be arrested for Debt or other thing in London or other Franchise the Master may maintain him and spend of his proper money for losse of his Service Inquire But otherwise it is in Precipe 21 H. 7. fol. 40. B. See 21 H. 6. fol. 19. by Newton By Newton and Paston Servant may pray one skilled in the Law to be of Counsell with his Master but a stranger cannot pray one to be of Counsell with my Adversary for he hath nothing to do 21 H. 6. fol. 19. If a man be at the Barre and another informs the Court that this man can declare the truth and pray that he be sworn and by the commandement of the Court he swears this is Maintenance iustifiable but if he had said for one or the other of his own head this is Maintenance punishable the same Law if he informe a Jury sworn of his own head it is Maintenance punishable 28 H. 6. f. 6. The Master may pray one skilled in the Law to be Counsell with his Servant and this is Maintenance iustifiable but he cannot give of his own proper goods to distribute to men of the Countrey for maintaining his quarrell for then he meddles with a thing forbidden by the Law and by Prisot he may iustifie giving money to Lawyers to be of Counsell with his Servant but not to give money to others not learned in the Law 28. H. 6. fol. 12. By Fortescue Master may pray one learned in Law to be of Counsell with his Servant but not to give to them money unless it be of his Wages and he saith one skilled in the Law may be of Counsell without a Fee Inquire 31. H. 6. f. 2.36 H. 6. fol. 29.3 H. 6. f. 55. Maintenance one may iustifie for that he is his Servant but he cannot give money Maintenance Defendant iustifies that he is a Bail and that he came to the Defendants Attorney and prayed him to be carefull the which is the same Maintetenance by Prisoâ— it is not good to say it is the same maintenance for this is no Maintenance for every stranger may pray the Attorney for it is the part of an Attorny to attend to that and for that it is no Maintenance 32 H. 6. f.
29. It is iustifiable to speak to a Lawyer for him that he cannot speak English and by Laken Master may pay money of his Servants Wages to the Counsell by the consent of his Servant but a Bail cannot pray a man learned in the Law to be of Counsell but may come and see if his appearance be recorded and it seems that the Father may give of his own money for his Sonne and Heir for he is bound to find him contrary of another Cozine 34 H. 6. fol. 27. B. If one be retained to ride to London and when he comes there to maintain him this is not instifiable but it seems otherwise if he were hired for the iourney that is iustifiable and the same of a Servant 39 H. 6. fol. 6.19 H. 6. fol. 31. Where one hath property in the thing demanded he may maintain by Moyle as goods or writings are delivered to J.S. and Detinue is brought against him by a stranger the Deliverer may maintain and in Precipe quod reddat or Ass against a Farmer the Lessor may maintain 39 H. 6. f. 21. See 9 H. 6. f. 64 the same Where one hath Rent out of Land in Fee and hath the Writings granted unto him by R. the Grantee may maintain R. in Detinue of writings of the same Rent and it seems that a Master may maintain his Servant and a man may maintain his blood and his kindred and give money to the poore and that Maintenance is iustifiable and he in Reversion may maintain his Tenant for life after Attournment and not before and this is seen in giving his own proper money 9 H. 6. f. 64. See 14 H. 7. f. 2. by Reade In attaint it seems that one may aid and maintaine his Cozen in aiding and councelling him at the bar 12 H. 6. f. 2. R. Maintenance in Assise of Fresh force Defendant Justifies for that he was of his aliance and shews how cozen and it seemed good by which the Plaintif saith that he promised ten shillings peice to two of the Jury to passe for him 20 H. 6. f. 1.21 H. 6. f. 19. By Paston a man may maintaine his Kinn and his Allies Maintenance Defendant justifie that the party was his Chapleine â—etained with him and he gave him notice who he should have of his Councell which is the same maintenance and it seems that is no maintenance And for that the Defendant saith that he was at the Barr to aid him and that is a good Justification to say that is the same maintenance 19 H. 6 f 30. In maintenance Defendant cannot plead not-guilty but he ought to answer to the point of the VVrit that is to say he did not maintaine ready to Justifie and others to the contrary 8 H. 6. fol. 36. But by 2 Ed. 4 fol. 16 In maintenance not guilty is pleaded and allowed By Choke if my Brother or Cozen hath a Suit in the Law and praies me to aid him to learned councell and I pray a man to be of his Councell this is a good Plea in maintenance contrary if a stranger do it but if he gives his own Money for his Brother or Cozen this is speciall maintenance 9 Ed. 4. fal 34. In action upon the Statute of Laborers Where Tenant in taile or for life is impleaded he in remainder or Reversion may maintaine and give of his proper Money for safegard of his Interest for he which hath Interest in the land may maintaine to save that 1 Ed. 6. tit 53. Maintenance It is held a difference between action reall where land may come to him and an action personall for he to whom lands may come as by Remainder Reversion Discent and such like may maintaine in action reall And by Brian a man may shew to another who is a man learned in the law for the party to retaine but he may not give Money to the Counsellor and one Neighbour may go with another to seek Councell and a man may maintaine his Servanâ— and give of his wages behinde and otherwise not to give Money but he may lend to him or another Money and and that is no maintenance but he in Reversion or Remainder may give money where the land is in question And the Servant may maintaine his Master as to go and labour for him but he cannot give of his proper money for him And so it seems that he who hath marryed the Daughter of one party may maintain him in an action Reall but not in an Action personall 19 Ed. 4. fol. 3. Br. Upon the Statute of 32 H. 8. chap. 9. That a man shall not buy land unlesse the Seller hath been in possession by a year before it was agreed in Sergeants Inne that if a man Mortgage his Land and redeeme it and he sells it within a yeare after the redemption that he may doe it without danger of the Statute for the Statute is to be intended of pretenced title and not of a cleere title And the ancient Statutes are that none shall maintaine yet one may maintaine his Cozen as above for they are to be intended of unlawfull maintenance that is that unlawfully one cannot maintaine 6 Ed. 6. tit 38. maintenance One skilled in the Law may give evidence for his Fee to the Jury and t is no Imbracery But is Imbracery in another unlesse he be sworn 6 Ed. 4. f. 5. If Precipe be brought against me and hanging that I infeoff J.S. and the Demandant recovers by default after default and I bring Writ of deceit it seems J.S. cannot maintaine for that that the possession which he hath is Champerty and against the Law 8 Ed. 4. fol. 13. Maintenance the Defendant justifies that he is his Neighbour and knew no man skild in the Law and he informed him of one and a good Justification by which the Plaintiff shewed speciall maintenance that is giving Money to the Jurors 12 Edw. 4. fol. 14. See 19 Edw. 4. fol. 3 Maintenance the Defendant may plead that he was a Juror and that is good without saying that he gave Verdict but if after Verdict given the Juror praies Judgment this is maintenance 18 Ed. 4. fol. 2. If a Juror give Money to his Companion to passe this is maintenance notwithstanding that it be for truth But to perswade him to passe is no maintenance 17 Edw. 4. fol. 5. One may be baile and that is no maintenance so that he do not meddle more in the matter 18 Ed 4. fol. 13. Trespas of digging land the Defendant justifies for that that the place where is their Church-yard and that the Inhabitants have used there to be buried and for making grave there justifies and field that all the Inhabitants may maintaine in this action though they were not parties 18 Ed. 4. fol. 2. See before 15 H. 7. fol. 2. That every one that hath lawfull interest may maintaine Maintenance supposing that the Defendant maintained A. in Assise The Defendant saith that A. held of him by which he
for he ought but to demand him and if he appear to take him 10 H 4.5 Upon Pluries Repleg The sherif returns that the beasts are dead and this is a good Return and he need not return that the beasts are driven away 32 H. 6.32 In Attaint the sherif cannot return that the Defendant is dead for there are not any words in the VVrit to warn the Defendant 18 H. 8.5 Upon a Habeas corpus Jurat the sherif returns that four are dead and may and upon a Distringas thereof he returns that other two are dead and may 10 Ed. 4.11 Upon an Habere facias Seisinam and upon the Grand Cape and upon Habere facias visum a return that none came of the part of the complainant c. is a good return 13 H. 4.9 None comes for the Plaintiffe Upon a Writ of View it is a good return that none came of the part of the complainant to shew him the Land for the sherif is not bound to know the Land 14 H. 6.20 The statute of York chap. 5. saith Names of the Sherif that the sherif ought to put his proper name to every Return 8 H. 6. fol. 76.36 H. 6 f. 1. and 9 Ed. 4. f. 19. VVhere one is outlawed he may reverse that by Error for that in Return of the Alias Capias the name of the sherif was omitted 26 H. 8.4 Trespasse against an Abbot and his Monks Pledges the sherif returns Pledges for the Abbot and that his Monks have nothing and that is a good Return and yet of a Husband and a VVife Pledges shall serve both and he need not return the VVife Nihil 48 Ed 3. fol. 26. Assise the sherif returns he hath found me no Pledges and the writ was delivered to the sherif again and the Plaintif forthwith found Pledges 2 H. 4.22 Assise against a Husband and his wife the wife shall be attached by goods of the Husband for that she is to be brought in by her Husband 7 H. 6.10 Upon a Habeas corpora against a Juror the sherif cannot return that he hath served part and the Bailif of the Liberty the other part but upon a Capias against divers the sherif may return Cepi corpus of one and I have commanded the Bailif of the Liberty of another Part served by the Sheriffe and it is a good Return 31. H. 6.13 The sherif upon a Habeas corpus with Decem tales returns that he hath served the Habeas corpus and to the Decem tales I have commanded the Bailif of the Liberty which hath served the residue it is not good Return 8 H. 4.16 Distringas Juratores the Sheriff cannot return that he hath distrained some and the Bailiff of the Liberty hath served the rest 19 H. 6. f. 48. Upon a Distringas with Proclamation upon an Ejectment of Ward the Sheriff returnes I have commanded the Bailiff of the Liberty which answers c. Issues forty pence and that he himself hath made Proclamation and for that it seems that the Sheriff ought to make the Proclamation in the County and ought to serve the residue 2 H. 4. f. 1. In a Precipe the Sherif returnes I have commanded the Bailif of the Liberty who answereth me so c. a good Return and also that the Bailif takes the Pledges and for that that he tooke the Pledges where the Sherif ought the Sherif was amerced and Sicat alias was awarded 14 H. 6. f. 3. Assise the Sherif returnes that he hath taken Pledges and that the Bailif of the Liberty hath served the residue and though part be served by the Sherif and part by the Bailif it is good for if the Plaintif do not finde to the Sherif Pledges he shall make no Precept to the Bailif 21 H. 7. f. 14. The Sherif by the statute of Westminster Posse Comitatus the 2. chap. 39. may take Posse Comitatus to execute Process and also agreed by this Book that the Bailif may so do for he is in the place of the Sherif 3 H. 7. f. 1. Upon a Scire facias against a Chaplain upon a Recovery in a Quare impedit Quare impedit the Sherif ought not to return That he is a beneficed Clerk having no Lay Fee for that shall not be returned but upon a Distringas or Capias in Debt or Trespasse that is a good Return and there shall go Venire facias Clericum but here he may be warned by his person 32 H. 6. f. 13. If the Sherif return that one at D. Rescous made a Rescue it is good without addition of the party in the Return and yet Process of Outlary lieth upon that and where the Sherif returnes the Rescue to be made at D. he is estopt to plead to that Return over D. and neither D. and none without addition for he is estopt by the Return Where the Sheriff upon a Capias returnes I have taken the Body and that J. S. and J. D. made a Rescue and for that that in the Return there is not of what place it is not good 10 Edw. 4. fol. 17. and 3 H. 7. f. 11. the same VVhere Tenant for Life Scire fac prayes in aid of him in Reversion and in Scire facias against him the Sherif may return that he is warned in the Land in Reversion which is in the Land demanded 45 Ed. 3. f. 26. One may be warned in Scire facias by his person his Land or Goods as it seems by 32 H. 6. f. 13. Scire facias to warn two upon a VVrit of Detinue the Sherif returnes one warned and that the other hath nothing and held that the Sherif shall be amerced for though that he hath nothing he ought to have warned him by words that is his Person but for that that the Return was read and was He hath nothing in my County nor is found in the same it was good for he cannot warn his Person 1 H. 5. f. 13. The Sherif returnes upon a Scire facias against a Parson to have Execution of Arrearages of Annuity that the Parson hath resigned and that he hath no Goods and it is good and may take notice of the Resignation 2 Ed. 4. f. 1. Upon a VVrit of Error issued Scire facias to the Heir and Ter-tenant severally to come together if they thought fitting and it was against Husband and his VVife and another person and the Sherif returned that Scire feci L. de B. Alice his wife Tenants of so much and R. de H. tenant of so much severally and the Return good though the Husband and the wife cannot be severed 3 H. 7. f. the last The Sherif returnes upon a Scire facias against an Abbot that he is deposed that he cannot warn him and this is good for he is dead 1 H. 6 f. 2. The Sherif returnes Scire feci by A. and B. without saying Good and lawfull men and the party appears and good 8
H. 6. f. 76. Attaint was returned by the Sherif Nihil Summons in the Land demanded and the Return is not good and so Sicut alias and shall be summoned in the Land demanded 42 Ed. 3. f. 19. Mortdancester by two and one makes default by which issueth a Summons to prosecute together the Sherif upon this returnes Nihil and award that they shall be summoned in the Land demanded 44 Ed. 3. f. 27. Scire facias out of a Fine to execute that and two make default and in a Summons to prosecute together the sherif upon that returnes Nihil and shall be amerced for they shall be summoned in the Land in Demand 10 H. 6. f. 12. The same Law is where one hath aid of him in Reversion and in a summons to aid he shall be summoned in the Land demanded A Writ of Covenant to levy a Fine the Sheriff returns Nihil and for that shall be amerced for he ought to have Summoned him in the Lands Demanded 10 H. 6.13 Where aid was granted and the Sherif returns that the Prayee hath nothing whereby he may be summoned by which Sicut alias was awarded in the Land in demand 23 Ed. 3.37 Debt against John Burton Parson of D. The Sherif returns at the Pluries distringas that he hath resigned and it is a good return 2 H. 7.10 Scire facias against an Abbot and the Sherif returns he is deposed and good return But in Scire facias against a Husband and his Wife Spirituall the Sherif cannot return that they are divorced for that is spirituall whereof he hath no notice 1 H. 6.2 2 H. 6.5 the same Scire facias against the Parson of D. to have Execution of arrerages of annuity though the Sherif return that he hath resigned and take notice of that it is a good return 2 Ed. 4.1 The Sherif returns upon a Capias Tarde and was amerced 2 H. 4.8 Right of ward at the Distringas with proclamation the Sherif returns Exitus and that he cannot proclaim that for that it came too late and there shall go an Alias to proclaim that only and shall not return Issues 3 H. 4.6 In Capias of appeale of Death Tarde the Sherif returns that that writ came so late that c. and the return awarded good 8 H. 4.22 In Assise when the Writ is returned Tarde the Clarks do not make Sicut alias but enter the Writ and send that again to the Sherif to be served 9 Ed. 4.20 Forging of Deeds Distringas with Decem tales of that was awarded against the Jury and the principle Jury was returned Tarde upon the distringas and the Tales served and the return was awarded good for where the Issues are to be returned the Sherif ought to have time to know their Land but upon a Capias returned Tarde it is said to be ill But inquire because it is used 21 H. 6.51 The Sherif returns VVrit delivered by Bill according to the Statute of Westm 2. chap. 39. Tarde and for that that the Sherif refuseth to put his seale others put their seals according to the statute and the Plaintif hath a writ to the Justices of assise to inquire of Dammages 29 Ass 58. Capias to have Execution against an Abbot or against a Bishop if it be returned that they have nothing in that County there shall go out Elegit upon the Testatum in another County 26 H. 8 8. and 26 H. 8.17 VVhere one hath recovered in a Quare impedit and hath a VVrit to the Bishop which refuseth his Clark So that he hath a Quare non admisit Testatum and process continue to the distresse against the Bishop and the sherif returns that he hath nothing there goes Distringas to the sherif of London upon the Testatum that he hath no Land there 3 H. 4.6 Trespasse against a Prior the sherif returns that he hath nothing and how he hath no Land there he shall have process into another County upon a Testatum for a Prior was a name of Dignity and for that shall have process in another County upon Testatum 7. H. 4.1 VVhere the sherif returns Nihil Capias doth not lie against a Lady Peer of the Realme Earl or Baron But there shall go a Testatum in another County but where they do wrong as if they essoigne Distress and returns that by the Sherif the Capias lies for the wrong 11 H. 415. If the Sheriffe arrest any and Rescue is made by Baron Earl or Duke if the Sheriffe return the Rescue Capias lyes 1 H. 5 fol. the last Wast was made in Reddale and upon a Writ to inquire of Waste the Sheriffe returns that I have taken an Inqusition at Reddale and for that it is not at the place wasted it is no good return 40 Ed. 3.20 and 27 H. 8.16 the same Waste in A.B.C. and D. it is said that a Writ to inquire of Waste shall be returned that I have come to the Tenements aforesaid and the Inquisition taken at one Town shall serve for all 34 H. 6.49 A. returns upon a Redisseisin or upon a Writ to inquire of Waste that I came to the Town is not good but to the place 11 H. 4.6 Upon a Writ to inquire of waste for that that the Sheriff returns I have commanded the Bailiffe of the Liberty which hath given me no answer he was amerced for he ought to go to the place wasted 11 H. 4.80 Appeal Visne the Sheriffe returns a Jury of the Visne of Dâ— and the new Sheriffe returns no such Visne and may 3 H. 6. fol. last Venire facias Venire facias was returned by the Sherif and afterwards the Sherif was discharged and a new Sherif made and at the Distringas he returned Nihil upon a Juror and adjudged that he shall be amerced but he may return that the Lands are recovered against the Juror or that the Juror was Tenant for life of J. S. which is dead or other speciall matter and so Nihil 19. H. 6.38 Where the Parties admit one such Visne where there is no such the Sherif cannot return that there is no such Visne but shall make the Pannell of the body of the County 37 H. 6.12 A Venire facias with the Pannell was returned and none found upon the Roll but sicut alias awarded and returned and upon that Habeas corpora and Distringas and the Iury found for the Plaintiffe and it is shewed in arrest of Iudgement that there was another Venire facias with a Pannell and adiudged that it shall not be intended to be there lawfully but shall be taken off the File for that that in the Roll the Entry was ad quem diem Vicecomes non misit breve and upon that it was awarded the sicut alias 20 H. 6.17 Though the Venire facias is Venire facias twelve free and lawfull men yet if the Sherif return twelve onely if he do not amend