have execution thereof as if no such gift had been made Stat. 3. H. 7. 4. All deeds of gift of goods and chattels made of trust to ones own use shall be void Stat. 13. El 5 Every gift grant bargain and conveiance of lands or chattles or of a lease rent common or other profits out of them and every bond suit judgment and execution had or made for the defrauding of any persons just action suit debt account damage penaltie forfeiture heriot mortuarie or releif shall be void against that person his heires executors c. The parties or privies knowing such a fraudulent gift which shall justifie it to be done bona fide or shal alien such things so to them conveyed forfeit one year value of the lands or profits out of it and the whole value of the goods nad chattles and the sum of such covenous bond and shall have half a years imprisonment This Act extends not to common recoveries nor vouchers in a Formedon nor to any gift c. bona fide and upon good consideration to any person not knowing of the fraud Stat. 27. El. 4. Every conveyance grant charge lease estate incumbrance or limitation of use of lands tenements or hereditaments made for the defrauding of purchasers of the land it self or any part or profit out of it shall be void against the person so purchasing for money or other good consideration and against all claiming under him with penalty as in the former Statute This extendeth not to the avoiding of any grant c. upon good consideration and bona fide If any such conveyance c. be made with a clause of revocation or alteration at his pleasure by writing and after he shall bargain demise sell grant convey or charge the same lands c. for money or other good consideratiâ—n the conveyance not revoked nor altered then such conveyance c. shall be voyd against the bargainees c. and all claiming under them lawfull mortgages only excepted Rule 11. Praecog Reg. 15. 17. E. 2. The Kings gift or grant of land or a Mannor cum pertinentiis â—â—nveyeth not Knights fees advowsons or dowers without expresse words Stat. 1. H 4. 6. In a petition to the King for lands annuities offices c. their value shall be therein exprest otherwise the letters Patents thereupon shall be void Stat 18. H. 6. 1. All Letters Patents which bear not date the day of the delivery of the Kings-warrant into the Chancery shall be void Stat. 34. 35. H. 8. 21. A confirmation of all estates contained by or conveyed from the King within seven years after the fourth of February in the 27 year of his raign notwithstanding any mis-recitall non-recitall c. with divers provisoes c. therein contained Stat. 1. E. 6. 8. Such another Statute for the confirmation of all grants made and to be made by E. 6. from the 28 of January in the first year of his raign and so during his life with such provisoes c. as in the sayd Act of H. 8. Stat. 4 5 P.M. 1. Another like Statute for the confirmation of grants made and to be made to or by the Queen or the King and Queen from the first of July in the first year of her Reign and so during her life with provisoes as in the former Acts. Stat. 18. El. 2. Another like confirmation of al grants made to for or by the Queen or to be made within seven years next after the end of this Session with like provisoes c. Stat. 43. El. 1. Another confirmation of grants made by Qu El. from the eight of February in the 25 yeare of her raign untill the end of this Session and a year after Stat. 21. Jac. 25. The King c. shall not take advantage of Forfeitures against his Patentees before Commission Processe c. Stat. 21. Jac. 29. A confirmation of Leases of the Duchy lands in Cornwall Stat. 1. Car. 2. Such another for Leases thereof to be made within three years CHAP. 3. Rule 6. STat. 32. H. 8. 34. Grants of Reversions may enter upon Farmers for any Forfeiture or condition and have like advantages against them by action onely for any other Covenants condition or agreement eontained in the Indenture of their lease as the Lessors their heirs or successors might And the like for the Lessees against the grantees of reversions Recovery in value only excepted CHAP. 4. Rule 9. STat. 6. H. 8 15. If any make suit to the King for lands offices or other things formerly granted to any person during the Kings pleasure the first Patentee being still in life the last grantee shall expresse in his Petition or pattent the former pattent and the determination of the Kings pleasure concerning the same otherwise the last grant shall be voyd Rule 15. Glocester 7. 6. E. 1. If a woman alien her dower in fee or for life the heir or other person to whom the Land ought to revert shall recover against the Alience in her life time CHAP. 5. Rule 5. MErton 9 20. H. 3. A child borne before Marriage is a bastard albeit the common order of the Church be otherwise Stat. 9. H. 6. 11. No writ shall be awarded to the ordinary to certifie Bastardy before three Proclamations be made in Chancery in three moneths viz once every moneth that all persons who have any thing to object against the party for bastardy shall sue to the Ordinary for that purpose Rule 8. Merton 5. 10. H. 3. Usury shall not run against any within age from the time of the death of his Ancestor whose heir he is unto his lawfull age yet the principal with usury due before the Ancestors death shall be paid notwithstanding this Act. Rule 10. Stat. 32. H. 8. 33. The dying seised of a disseisor with force and without title taketh not away the entry of him and his heirs who at the time of such discent had good title of Entry unlesse the disseisor had peaceable possession by five years next after such disseisin Rule 14 Westm 2. 1 13 E. 1. The will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed so that they to whom the land was given under such condition viz. that if the donee or donees should die without issue that then the land should revert to the donor should have no power to alien the land so given but that it shall rename to their issue after their death or shall revert to the giver or his heirs if issue fail neither shall the second husband of any such woman being donee in tail from henceforth have any thing of the land so given upon condition after the death of his wife by the Law of England neither shall the issue of such husband and wife succeed in the inheritance but immediatly after the death of the husband and wife to whom the land was given it shall returne to their issue or to the giver or his
heirs as aforesaid A Fine levied of such lands shall be void in Law and the heir or reversioner albeit they be for full age in England and out of prison need not make their claim Howbeit this clause concerning a fine is altered by 32 H 8. 39. which see infra Stat. 34 35. H. 8 20. No common recovery 〈◊〉 lands in tail of the gift or other provision of the King or his progenitors though it be with voucher against tenant in tail the remainder or reversion being 〈◊〉 the King at the time of the recovery shall bind the heir in tail or bar him of his entry Tenant in us◠shall take no advantage for any rccompence in valor agianst the vouchee or his heirs Rule 24. Mag. Cart. 7. 9. H. 3. The wife after the death of her husband shall abide in his chief messuage forty dayes within which time her dower shall be assigned her If the chief messuage be a Castle then she shall have a competent house provided her til her dower be assigned Westm 2. 34. 13. E. 1. A woman that leaveth her husband and abideth with an adulterer shall not have Dower unlesse the husband voluntarily and without coertion of the Church reconcile her and suffer her to dwell with him Stat. 11. H. 7. 20. If a woman that hath an estate in Dower for life or in tail joyntly with her husband or only to her self or to her use in any lands c. of the inheritance or purchase of her husband or given to the husband and wife by the husbands ancestors or any seised to the use of the husband or his ancestors do sole or which an after taken husband discontinue or suffer a recovery by Covin it shall be voyd and he to whom the land ought to belong after the death of the said woman may enter as if the woman were dead without discontinuance or recovery Howbeit the woman may enter after the Husbands death but if the woman were sole the recovery or discontinuance barreth her for ever This Act extends not to any recovery or discontinuance with the heir next inheritable to the woman or by his consent of Record enrolled Stat. 27. H. 8. 10. Where an estate is made in possession or use to Husband and wife and his heirs or the heirs of their bodies or of one of their bodies or to them for their lives or for the wives life for her Jointure In any of these cases she shall not have Dower Howbeit upon a lawfull eviction of that Jointure she shall be endowed according to the rate of her husbands land whereof she was dowable Such a Joynture being made after marriage the wife after the husbands death may refuse it and betake her to her Dower unlesse such Joyntute be made by Act of Parliament CHAP. 7. Rule 7. STat. de districtione Scaccarii 51. H. 3◠The owner of impounded cattel may give them food without disturbance A distresse taken for the Kings debt shall not be sold within 15 dayes and upon shewing of a Tally and giving security for his appearance in the Exchequer upon the next accompt the distresse shall cease◠The Sherif shall also attach the party that received the debt to be there likewise at the same time Neither draught cattel nor sheep shall be distrained except for Damage-feasant so long as other goods may be found to satisfye the debt Distresses shall be reasonable The Sheriffe shall answer all debts received and where the Sherif chargeth himself the debt shal be quitted Marlebr 15. 52. H. 3. It shall not be lawfull for any except the King and his officers having special authority to take distresses out of his fee or in the Kings high way or in the common street Marlebr 4. None shall drive a distresse out of the County wherein it is taken in pain to be fined and to make recompence to the party grieved none shal take an unreasonable distress in pain of amerciament Westm 1. 16. 3. E. 1. None shall drive a distress out of the County or distrain wrongfully upon the penalties provided by the Statute of Marlebr Westm 2. 36. 13. E. 1. None shall procure any to distrain another to make him appear at the county court or any other inferiour court on purpose to vex him and put him to charge and trouble in pain to make fine to the King and to pay the party grieved treble damages Westm 2. 37. 13. E. 1. No distresse shall be taken but by Bailiffs known and sworn in pain to restore damages to the party grieved and to be grievously punished by the King Artic. Cler. 9. 9. E. 2. Distresses shall not be taken in the High-way nor in the ancient fees of the Church Stat. 1 2. P.M. 12. No distresse of Cattell shall be driven out of the hundred rape wapentake or lath where it is taken except to a pound Overt within the same Shire not above three miles distant from the place where it is so taken Neither shall a distresse be impounded in several places whereby the owner may be constrained to sue several Replevins for the delivery thereof in pain to forfeit to the party grieved for every offence committed against the Act. 5 l. and treble damages None shall take above 4 d. for the poundage of one whole distresse and where lesse is usually taken to take lesse in paine to forfeit it to the party grieved 5 l. and so much money as is taken above 4 d. Rule 24 Quia emptores terrarum 18. E. 1. In all Feoffments to one and his heirs the Feoffee shall hold his land and the chief Lord of the fee by the same services that the Feoffer held before Here if the Feoffment be made of parcel he shall hold of the chief Lord pro particula according to the quantity of the land and the Feoffor shall be set free for that part Rule 27. Mag. Cart. 31. 9. H. 3. If a Baronie c. Escheat to the King the tenants that hold of the same not having other lands that hold of the King in cheif shall pay like relief and do like services to the King after such Escheat as they payd or did to their former Lords and not otherwise Stat. 1. E. 6 4. So also it is when a Seigniorie cometh to the King by attainder conviction outlawry dissolution or surrender Stat 1. E. 3. Stat. 2. Cap 12. Lands holden of the King in chief and aliened without licence shall not be forfeited but a reasonable fine shall be taken of such lands so aliened by due processe in Chancery A◠cap. 13 lands holden of the King as of some Honor sh◠not be taken into the Kings hands as if they were holden of the King in chief as of his Crown Rule 31. Stat. 33. H. 8 22. A fee set down for respiting of Homage in the Exchequer or other Courts Rule 35. Marlebr 9. 52. H. 3. None enfeoffed b◠deed shall be distrained to do suit to his Lords Court unlesse he be bound to
seller c. shall forfeit the value of the land and likewise the buyer knowing the same provided he that is in lawfull possession by taking the yearly profits may buy c. anothers pretenced right c. Rule 7. Stat. 6. R. 2. 2. Debt accompt and all such actions shall be brought in the County where the contract c. was made Rule 16. Stat. 1. E. 6. 7. The Acceptance of a new name of dignity shall not abate the writ CHAP. 24. Rule 6. MErton 8. 20. H. 3. Seisin of ones Ancestor in a writ of right shall be from the time of H 2. In a Mortdancester writ of Nief and of entry from the last return of King John out of Ireland In an Assize of novel disseisin from Henry 3. his first passage into Gasciogne West 1. 38. 3. E 1. Seisin of ones ancestor in a writ of right shall be from the time of Richard the first In an Assize of novel disseisin and Nuper obiit from H. 3. his first passage into Gascoigne In a Mortdancester Cosinage Aywel entry and writ of Niefe from H. 3. his Coronation Stat. 32. H. 8. 2. Seisin in a writ of right shall be within 60 yeares In a Mortdancester or any other possessory action upon the possession of his ancestor or predecessor shall be within 50 yeares A writ of the possession of the Plaintiff himselfe shall be within 30 years An avowry or cognizance for rent suit or services of the seisin of his Ancestor or of his own shall be within 40 years Formedons in reverter or remainder and Scire facias upon fines shall be sued within 50 years after the title or cause of action accrued Stat. 1 M. 1. Parl. 2. sess 5. The statute of 32 H. 8. 2. shall not extend to a writ of right of advowson Quare impedit Assize of Darrein presentment Jure patronasus writ of right of ward writ of ravishment of ward nor to the seiser of the wards body or Estate but the time of the seisin to be alleadged in such cases shall be as it was in the Common Law before the making of the sayd statute Stat. 21. Jac. 2. The time of prescription for lands concealed from the King is sixty years before the making of that statute Stat. 1. Jac 16. In writs of Formedon in descender remainder and reverter and right of entry the time is 20 years after accruer and imperfections removed Rule 6. Stat. 25 E. 3 stat 5. 16. Non-tenure shall not abate the writ but only for the quantity Stat. 37. E. 3. 17. No writ shall be abated by acknowledgment of villeinage if the demandant or Plaintiffe will averr that he that alleadgeth the exception was freed the day of the Writ purchased CHAP. 26. Rule 4. WEstm 2. 2 13 E. 1. A Gui in vita given to the wife after her husbands death upon his loosing of the land by default and the Tenant that recovered against the husband must maintain his own right CHAP. 27. Rule 4. WEstm 2 20. In a Writ of Cosinage Ayel and Besayel the point shall be inquired whether the demandant be next heir as well as in a Mortdancestor Rule 10. Westm 2. 1. 13. E. 1. A formedon in Descender is also given by this Statute to the heir in tail upon a descent from his Ancestor dying seised of the estate tail Rule 12. Merton 1 20 H. 3. A woman deforced of her dower or Quarentine shall in a writ of Dower recover damages viz. the value of her Dower from her husbands death to the day of the recovery of her Dower and the deforceor shall be amercied Westm 1. 48. 3. E. 1. A writ of Dower unde nihil habet shal not abate though she have received part of her Dower before the writ purchased unlesse it were of the same party against whom the writ was brought and in the same Town Westm 2. 4. 13. E. 1. In place of a writ of right a Quod ei deforceat is given to tenant in Dower for life by the coutresie in Frank-marriage and in tail upon losing by default CHAP. 28. Rule 2. Marlebr 7 52. H. 3. In a writ de communi Custodia if the deforceor come not at the grand distresse the writ shall be renewed as often as may be within half a year and every time read and claimed in the county-court and if he come not in to answer nor the Sheriffe finde him within that halfe yeare he shall lose the Ward saving his action another time if he have right Westm 2. 35. 13. E. 1. In a writ of ward of land or heir or both either of the parties dying before the plea determined a re-summons shall be And in the grand distresse day must be given that three County dayes may be held before the returne in every of which Proclamation shall be made whereupon if the defendant appear not judgement shall be given for the plaintiff saving the right of the defendant if afterwards he will claim it So shall it be done also in a writ of ejectment of ward Rule 6. Westm 2. 2. 13. E. 1. If the tenant disclaim in the County-Court or other Court not of Record the Lord may remove the plea before the Justices to cause it to be of Record so as he may have a writ of right sur dlsclaimer Glocester 4. 6. E. 1. Explanat 4 When land is given in Fee farme rendering or doing so much as amounteth to the fourth part of the value of the land if he whose land is charged let it lye fresh by two years so as no distresse can be found in it nor render or do that which is contained in the writing the other shall recover the land by a Cessavit but the tenant coming before judgment if he render the arrerages and damages and finde sufficient to do from thenceforth that which is contained in the writing shal retain his land Westm 2. 21. 13. E. 1. If a man detain from his Lord his service due by two years the Lord shall recover the land by a Cessavit This lyeth also for the Lords heir against the tenant his heirs and Alience Westm 2 41. If religious houses that have land given c. withdraw the Almes c. by two years the donor shall have the like action CHAP. 29. Rule 7. MArlbr 9. 52. H. 3. The processe in a Sella ad molendinum is attachment venire facias and the grand distresse see also there the order of proceeding in that action Rule 9. Stat. 25. E. 3 Stat. 3. 3 tht Kings Collation to a benefice being found before Judgment to be untrue shall be repealed Marlbr 12. 52. H. the processe in a Quare impedit shall be Summons Attachment and Grand distresse Westm 5. 13. E. 1. A Coparcener being disturbed after Partition shall have a Scire facias and shall not be put to a Quare impedit If tenant in Dower or by the courtesie have presented the reversioner being disturbed shall have a Quare impedit
if after the fathers death he enter before his younger brother born of the same father and mother within Espousals and continue the possession all his life without interruption VI. If the next be women in equal distance as daughters Sisters Aunts c. they shall inherit alike and are but as one heir VII Where the generall Entry of one is of the rest if they list VIII The inheritance that descendeth shal be charged with the deed of the Ancestor binding himself and his heirs IX The Dying seized of the inheritance and Freehold together whereby the land descends unto his heir taketh away the Entry of every one that may have an Action X. But claim upon the land within a year before the death or if they dare not upon the land for fear of some bodily hurt then as neer the land as they dare saveth their entry XI A Fee-simple is a Fee-simple conditionall or absolute XII Conditionall is a fee simple to one and the heirs of his body XIII This estate before issue cannot be alienated after issue had becometh an absolvte fee simple XIV But so as if the issue fail before the alienation the donor shall have it XV. Hither belong hereditaments given in Frank-marriage with ones kinswoman XVI Absolute is a fee-simple to one and his heirs whatsoever XVII This estate descending to Females if one of them have lands of the same Ancestor by Frank-marriage she shall have no more unlesse she be content that the value thereof be allowed to the other XVIII To this place are to be referred Lands given to a Corporation which go in perpetuall succession XIX Here two speciall estates for life Dower and Tenancie by the courtesie of England do arise after ones death that hath an InheritaÌ„ce joyned with the freehold XX. Howbeit these estates must be of a fee-simple or such an estate taile as may go to the issue had between the Donees XXI Dower is an estate whereby the woman hath the thirds in severalty XXII She must be nine years of age at the time of her husbands death otherwise she shal not be endowed XXIII Detaining of deeds concerning Inheritance descended to the heir is a barr of her Dower XXIV If the husband at the Church door ad ostium ecclesiae or being heir apparant by his fathers or mothers consent ex assâ—nsu patris or matris presently upon affiance endow her of any certainty as of the whole moity or lesse part c. this will barr her of her thirds if she agree to it XXV Tenancie by the curtesie of England is an estate whereby of an actuall possession the husband that hath issue by her born alive shall have the whole CHAP. VI. Tenement Advowson I HEreditaments are tenements or bare hereditaments II. A Tenement is a possession holden the Fee-simple whereof when he that hath it dieth without heir cometh to the Lord III. Of this sort are Lands and Advowsons IV. Land is a Tenement in Mannuall occupation V. Under the name of Land are comprehended not only Gardens Meadowes Pastures Woods Rivers c but also Messuages Mils Yards Tofts Castles the like VI. Churches and Church-Yards belong to the Incumbent VII Prescription here hath no force VIII All Land is holden of the King immediatly or by means himselfe not having any higher upon earth of whom to hold IX Escheats of all Cities appertain to the King X All Mines of Gold and Silver or wherein the gold or silver is of the greater value are the Kings XI Amongst Coperceners the eldest upon partition shall have the cheif house XII Seisin delivered of land alwaies passeth a freehold XIII Otherwise a Freehold of land cannot passe save by release and confirmation where they are by way of enlarging an estate XIV They may also somtimes passe by Exchanges Endowments or Surrenders XV. An estate made within view of land is a good Liverie of seisin if the other enter in the Feoffors life time XVI An Advowson is an interest of presenting to a Church CHAP. 7. Distres Seigniories Fealty Rent-service Homage Suit of Court Tenures Releife and Rent charge I. RAre Hereditaments are those which are not holden and concern the Land or the person II. Those that concern the Land are extinguished or gone for ever when he that hath them hath high and continuing an estate as he hath the hereditaments III. Otherwise they are but suspended or gone for a time IV. These are leviable by distresse or such as cannot be distrâ—ined for V. Distresse is a taking of Chattels found upon the same Land for satisfaction of Arrearages VI. The King may distrain in any other land of the same mans for his Service or Rent charge VII The distresse being put in some place where the owner may lawfully come by them as if they be things that have life to give them meat c. he that distraineth shall not be charged what hurt soever they receive VIII Bare hereditaments that may be distrained for are a Seigniorie or rent charge IX Seigniories are services whereby Lands are holden X. Services are common to all certain estates or proper to inheritances XI Common as Fealty and Rent service whereof Fealty is incident to every such estate XII And therefore the Seigniory or Tenancy being altered it must be done anew XIII All other both common and proper grow by Reservation XIV Fealty is an Oath to be faithfull to the Lord for the Tenements XV. Rent service is a Rent to be paid to the Lord at certain set times XVI And to this place we may refer all services that lie in Fesance XVII Of which kind two amongst the rest are specially to be considered viz. Frank-Almoign and Divine Service XVIII Frank-Almoigne is when a man of the Church holdeth freely in Alms for which he is bound to say Prayers XIX But because the Prayers are not limited in certain he neither shal do Fealty nor is subject to distres XX. The lord must warrant such a Tenant against himselfe and his heirs and save him harmlesse of all manner of all services against the Lords above XXI Divine service is a spirituall kinde of service limited in certain XXII These are the services whereby every certain estate may be holden XXIII There follow those proper to Inheritances the Grantee whereof shall hold of the Grantor by such services as he holdeth over if other services be not reserved XXIV Or the Grantor may appoint him â—o hold of the next Lord. XXV A Mesn must acquit the Tenant of all manner of services against the Lords Paramont XXVI But Donors in Frankmarriage cannot hold but by Fealty and that of the Donor untill the Fourth degree be past who must also acquit them of all manner of services XXVII One that holdeth of the King as of his person alienating the Free hold without licence forfeiteth the Land XXVIII Services proper to Estates of Inheritance are Homage and Suit or Court XXIX Homage is an Oath of fidelity acknowledging himselfe to
that grow by specialties are to be answered before other duties and legacies to be last of all delivered X In these devises the Testators intent standing with the rules of Law shall be taken XI The Executor of an Executor is Executor to the fi st Testator XII If no Will be made the Ordinary shall administer all the Chattels that were in his possession XIII But whether any Will be made or no his wife and such children as are not advanced by him in his life shall have a part to their own use viz. one third of all after the debts paid to his wife and another third part to his children This seems to be the ancient Common Law by Mag. Charta cap. 18. See F. N Br. 122. l. XIV Chattels are real or personal XV. Real as terms for years and Wardship XVI Personall as Plate Jewels Gold Silver Implements of Houshould Cattel and all goods and movables whatsoever corn sown upon the ground c. XVII The owner-ship of a Chattel personal is termed a property which of wild beasts cannot be in any nor after they are made tame longer then they remain in ones possession XVIII Treasure in the earth and Treasure Trove or Coin being found is the Kings XIX Cattel also that stray into anothers land are the Kings after a year and a day if being proclaimed at the Market in two severall Towns next adjoyning the owner do not claim them XX. Goods wrecked are also his XXI The King being Tenant in Common of an intire Chattel personall shall have the whole XXII Goods that belong to an Alien enemy any body may seize to his own use XXIII The taking of goods by an Alien enemy in Battail devesteth the property from the owner if he come not before Sun-set to claim them XXIV Church-wardens are enabled to have goods to the behoof of the parish XXV To Chattels personal Bailment and Contract do belong XXVI Bailment is a delivery of goods in possession and is either to keep or to imploy XXVII To keep when onely the Custodie is committed to him and is a simple Bailment or pledge XXVIII A simple Bailment when he receiveth them to keep for another whether it be for the Bailer to re-deliver him again or for a stranger to bail them over to him XXIX A Pledge is when he received them in assurance for another thing had of him at the time XXX The Bailment of goods to imploy is when the Bailee hath the things themselves to use to anothers profit XXXI Contract is a mutuall agreement for the very property of personall things XXXII Here the duty growing upon it cannot be apportioned XXXIII Of this kinde of contracts are buying and selling borrowing and lending and such like XXXIV The sale of another mans goods in Market overt altereth the propertie if toll be paid for them XXXV Hither belong certain as it were Contracts in law though not arising from the special agreement of the parties as Trover and conversion c. XXXVI These are the things that belong to Chattels personal in generall for the interest of personal things uncertain Accord and Arbitrement lie XXXVII Accord is an agreement between the parties themselves upon a satisfaction executed XXXVII Arbitrement is an award of satifaction by others whom they choose to judge between them XXXIX The award of a personal Chattel altereth the property thereof CHAP. 12. Trespasse upon the Case I. WE have hitherto spoken of possessions being the first and hardest part of the law The other remaineth which ministreth justice in the punishment of offences II. An offence is the doing of any wrong and it is a wrong without force or to the which force is coupled III. In those of the first kinde the offender is to be amerced viz. to pay a petty sum of money to the King and if he be a Peer of the Realm then C. S. IV. The Kings wife shall never be amerced V. Offences without force are Trespasses upon the case or Real wrongs VI. Trespasse upon the case is such an offence whereby any thing is endamaged and it is a misuser or deceit and conspiracie VII Misuser when by meer wrong it is endammaged VIII Of this kinde there be many and those of divers sorts as if a man maliciously utter any false slander to the endangering of one in law IX The touching of him with some heinous crime X. The impairing his trade of life VI. If one having another mans goods convert them to his own use XII If a Sheriffe suffer one in execution for debt to go at large XIII If a Smith prick my horse or kill him in cure XIV If being committed to the Gaole the Gaoler of malice puts upon me so many Irons or otherwise useth me so hardly that I become lame thereby c XV. But two above the rest do here require more especial consideration viz. Disturbance and Nusance XVI Disturbance is the hindring of that which in right belongeth to one to do XVII Nusance is annoyance done to ones hereditament XVIII All manner of Nusances are to be removed and common nusances any man may pull down XIX Deceit is when the damage groweth by an under slight As if in play one win anothers money by false dice or if he that selleth any thing do upon the sale warrant it to be thus and thus whereby the other is deceived XX. Conspiracie is where two or more conspire to do one wrong or the like XXI There are certain other offences against the Law which are in the nature of trespasses upon the case and by the Kings prerogative punishable like to them XXII Of this sort are Nonsuit in an action fault in the Original writ or by the Sheriffe in the return of a writ making default when he should appear and whatsoever other offences not being with force and armes which offer no direct injury to a common person CHAP. 13. Discontinuance Disseisin Vsurpation Intrusion Abatement I. HItherto of Trespasses upon the case Aâ— reall wrong is that which medleth with the Free-hold otherwise then it ought II. A reall wrong is a discontinuance or an Ouster III. Discontinuance is when he that hath an estate Tail or a Fee-simple in an others right maketh a larger estate of the land then he may IV. Warrantie of an estate of Inheritance or for life descending upon him that ought to have such an estate maketh a discontinuance V. Discontinuance taketh away the entry of those that come to have title after the death of the discontinuer VI. If he whose entry is barred by a descent or discontinuance have the Free-hold cast upon him by a new title he shall be in of his ancient title which is termed a Remitter VII Ouster is when the Free-holder is put out VIII This Ouster is of a Free-hold in deed or in land IX Of the first sort are Disseisin and Usurpation X. Disseisin is the Ousting of him that hath free-hold in deed by putting or holding him out of the
when the Grand jury is taken and may plead in bar of the attaint but not in abatement of the writ XIX The Plaintiffe in the Attaint can give no more Evidence then was given at the first but the defendant in affirmance of the first verdict may XX. Audita querela is for one being or to be in execution to relieve him upon good matter of discharge which he hath no means to plead XXI The processe where the Audita querela is sued before execution is a venire facias and distresse and upon default after appearance and plea pleaded a distringas ad audiendum judicium for thereby judgment is to be given against him XXII In case of an Audita querela sued before execution he may have a supersedeas upon good matter of discharge surmised in the writ of Audita querela to stay for once the execution upon sureties XXIII After execution the processe is onely a Scire facias for if the processe should be by distresse infinite peradventure the partie should loose issues to keep the others body in perpetual prison FINIS STATUTES CHAP. I. Rule 1. IN the second Volume of old Statutes is a long Act made Anno 12 E 1. entituled Statuta Walliae whereby it appeareth that Wales was then incorporated into England there are also many good Lawes concerning the division of Wales into Counties also for trials of Actions together with divers formes of Writs and the proceeding thereupon much like the Lawes of England c. Stat. 27. H. 8. 26. Incorporateth Wales into England and the other Statutes that concern it are 28. E. 3 2. 9. H. 4. 4 2. H. 5. Stat. 2. 5. 26 H. 8 4. 26 H 8. 6 27 H. 8. 7. 33. H. 8. 13. 34. 35. H. 8 26. 18 El. 8. 27. El 9 Rule 35. Stat. 37. H. 8. 21. By assent of Ordinary Incumbent and Patron under their seales an union may be made of two Churches being not above six pounds yearly value in the Kings Books nor distant one from another above a mile saving to the King his tenths and first fruits Incorporate Towns it must be by assent of the Corporation If such a poor Parish will within a year assure by writing to the incumbent and his successors 8 l. yearly the union shall be void Rule 36. c. Magna Charta 36. 9 H. 3. If any shall give lands to a religious house the grant shall be void and the land forfeit to the Lord of the fee. Stat. of Glocester or de religiosis 7 E. 1. If lands be aliened in Mortmain the immediate Lord hath a year to enter the next Lord half a yeare and so from Lord to Lord till it come to the King Westm 2. 32. 13. E. 1. Ecclesiasticall persons being debarred by the former statutes to obtain lands in Mortmain by alienation endevoured fraudulently to obtain them by default in a suit And therefore in such case it as ordained by this statute that it should be enquired by the country whether or no the Demandant had just title and if so then he should recover seisin but if otherwise the Lord of the fee should enter as before West 2. 41. The King founder of a religious house may seize Lands which he gave them if they alien Ordinatio de perquirendis libertatibus 27. E. 1. Before licences are obtained to Amortize lands the writ Ad quod damnum shall issue out of the Chancery to inquire concerning the same c. The statute of Amortizing of Lands 34. E. 1. Lands shal not be aliened in Mortmain where there be mean lords without their consents declared under their seals neither shal any thing pass where the donor reserveth nothing to himself or where the inquisition is made and returned without warrant viz. without the writ Originall returned with the inquisition c. The statute of writs for making inquisitions of Land to be put in Mortmain Incerti temporis Writs of Ad quod damnum for amortizing lands shall not be granted but upon petition in full Parliament Stâ—tutum de Clero 3. 18 E. 3. If Prelates Clerks beneficed or other people of religion being impeached for purchasing lands in mortmaine shew the Kings charter of license process therupon made by an Inquest of Ad quod damnum or of the Kings grace or by fine they shall be in peace And albeit they cannot sufficiently shew that they have entred by due process licence to them granted yet they shall be well received to make a convenient fine for the same Stat. 15. R. 2. 5. Lands converted to a Church-yard or purchased to the use of any spirituall person Guilds or Fraternities or by a corporation shall be within the Statute of Glocester 7. E. 1. CHAP. 2. Rule 3 PRaecog Reg. 9. 17. E. 3. The King shal have the custody of the lands of naturall fools taking the profits thereof without waste and finding them necessaries and after their death shall render them to the right heir Praec Reg. 10. The King shall provide that the lands of lunaticks be safely kept without waste and that they and their families if they have any shall be maintained with the profits thereof and that the residue be kept for their use and delivered unto them when they become to be of right mind so as their lands shall not be aliened neither shall the king have any profit therof to his own use But if they dye in such estate the residue shall be distributed for their souls by the advice of the Ordinary Rule 4. Stat. 1. R. 3. 1. All grants conveyances recoveryes and other assurances made by Cesti que use being of full age Compos mentis and at large shall be good against him and all others claiming as his heir or heirs or to his use saving the right of all others Stat. 4. H. 7. 17. The heir of Cesty que use of Knight-service land shall be in ward and pay relief Stat. 19. H. 7. 15. execution upon judgment statute or recognizance shall be good against Cesty que use The heir of Cstey que use shall pay relief heriot c. Cesty que use being a Bond man the Land shall be seised by the Lord. Stat. 27. H 8. 10. Where any be seised to the use of trust of another Cesty que use or trust shall have the possession in such qualitie manner and condition as he had the use or trust so when any be seised to the use or intent that another shall have a yearly rent of the same lands Cesty que use of the rent shall be deemed in the possession thereof of like estate as he had that use Stat. 27. H. 8. 16. Bargaines and sales to raise an use of Inheritance or freehold must be by deed indented and inrolled within six moneths in a court of record at Wstem or in the County where the land lieth Rule 9. Stat. 50. E. 3. 6. Fraudulent Assurances of lands or goods to deceive Creditors shall be void and the creditors shall
c. hath an Interest This Act shall not be prejudicial to Lords and Commoners in any part of wasts not assigned to Drainers c. nor to any Port or Haven CHAP. 9. Rule 3 STat. 19 H. 7. 15. Upon a feoffment made to the use of a Villein the Lord may enter into the land it self Rule 7. Stat. 9. R 2 2. In a suit by a Villein against his Lord the Lord shall not be barred of their Villeins because of their answer in Law Rule 11. E. 61. 6. 16. No office or deputation thereof or of any part thereof which concerneth the administration or execution of Justice or the receit controlement or payment of the Kings money or revenue or any accompt Aulnage Auditorship or Surveying of the Kings Lands or Customes or Administration or Attendance in any Custome-house or keeping of any of the Kings Towns Castles or Fortress being places of strength or defence or any Clerkship in a Court of Record shall be bargained or sold or any reward or agreement of Reward taken for it upon pain that the seller c. shall forfeit all his Interest in such office or deputation c. and the buyer be a disabled person to enjoy the same And all bonds c. to be void as against him by whom they are made Howbeit all Acts executed by any such person offending before he be removed from his Office c. shall remain good This sttatute extendeth not to any Office of Inheritance or to any parkership or to any offices to be given by the Chief Justices of the Kings Bench or Common place or by any Iustices of Assize CHAP. 10 Rule 2. STat. 27. H. 8 24. No subject shall have authority to pardon any felony or any accessories to felony or any outlawry for such offences Nor to make any justices of Eyre Assize Peace or Gaole-delivery All originall Writs Indictments of treason felonie tre passe and processe upon the same shall be only in the Kings name and the Teste in his name that hath the Franchise Every Writ and Indictment whereby any thing is supposed to be done against the peace shall be supposed to be done against the Kings peace onely and not against the peace of any subject the King shall have all fines issues amerciaments and forfeitures lost by any Officers of Franchises for non-execution or insufficient returnes of processe or for any misdemeanour concerning their office with many provisoes in the same Statute CHAP. 11. Rule 4 WEstm 2. 23. 13. E. 1. Executors shall have a Writ of accompt and the action and processe in the same writ as their testator should if he had lived Stat. 4. E. 3. 7. 1. Executors shal have an action for a trespass done to their testator as of his goods and chattels carried away in his life and recover their damages in like manner as he whose executors they are might have done if he had lived Stat. 32. H. 8. 1. He that hath lands tenements 〈◊〉 hereditaments in soccage and none holden by knight-service or soccage in chief may devise all by his waâ— in writing or give all by act executed in his life 〈◊〉 may he that hath land holden by soccage in cheif anâ— other land holden of a common person by soccage and none holden by Knight-service saving to the Kingâ— primer seisin relief suing of the same out of the Kingâ— hands fines for alienation c. and all other dutieâ— for the soccage in chief as before hath been accustomed He that hath lands c. holden by Knight service whether he have any other lands holden of the King or of any other person by Knight-service or orherwise or not may do the like for two parts in three to be divided in certainty for the advancement of his wife or children and payment of his debts saving unto the King the wardship or primer seisin of the third part without any charge dower c. and finds for alienation He that hath lands c. holden by knight-service whether of the king alone by knight-service not in cheif or of a common person or som holden of the king some of a common person and other land in soccage may devise by will or give by act executed in his life two parts of that holden by knight-service and all the soccage saving to the Lord of the land holden by knight-service the Wardship of a full third part thereof without any charge dower c. Provided that every one shall sue his liverie and pay his relief and heriot as if this Act had never been made Stat. 34. 35. H. 8 The former Statute shall be extended to enable devises and other Acts onely by Land in Fee-simple And if the partie that maketh the will or other Act be seized in Coparcenerie or in the common it shal be good for so much as in himselfe of right is The wardship relief primer seisin c. shall be of lands that descend immediatly after the death of him that maketh the will or other act as well in fee-fee-tail as fee-simple And the devise of two parts residue shall be good though it be of all his fee-simples land Such a will shall be good for two parts in case only where two may be devised though it be made for the whole or more then two parts Such wils made by a feme-covert infant under the age of 21 yeares Ideot or one of non-sane memorie shall not be good See also some other things there for the explanation of the former Act of 32 H. 8. 1. Rule 10. Stat. 21. H 8. 4. that part of the executors which take upon them the charge of a will may sell the land devised by the Testator to be sold albeit the other part which refuse will not joyn with them Rule 11. Stat. 25. E. 3. Stat. 5 5. Executors of executors shall have actions of debt accompt and goods carried away of the first Testators and Execution of Statute-Merchants recognizances made unto him And shall also answer for Assets as the first executors should have done Rule 12. Westm 2. 19. 13. E. 1. the Ordinarie shall satisfie debts wherein the Intestate was bound as executors should Stat. 31. E. 3 11. the Ordinaries shall depute next friends of the Intestate to administer his goods who shall sue and be sued and be accountable to the Ordinaries as executors should Stat. 21 H. 8. 5. Administration shall be committed to the widdow of the Intestate or to the next of his blood or to both at the discretion of the Ordinary The Oâ—dinary not doing his duty herein forfeiteth ten pound Stat. 43. El. 8. If any obtain goods of an Intestate fraud as by procuring administration to be granted a stranger of mean estate or not to be found and noâ— upon valuable consideration c. he shall be charge as executor in his own wrong as far as the goods debts extend Rule 20. Westm 1. 4. 3. E. 1. Where a man dog cat escape alive out of the Ship it
shall be no wreck but the things shall be prised by the Sheriff or Coroneâ— and delivered to those of the Town where they 〈◊〉 found to answer for them So as if any within a yeâ—â— and a day prove that the goods are his they shall 〈◊〉 restored to him CHAP. 13. Rule 3. Stat. 32. H. 8 28. Leases made by tenant 〈◊〉 tail or by him who is seised in the right of his wife or Church they being of full age at the time of such a lease made shal be good against the Lessors their wives heirs and successors This Statute shal not extend to any lease to be made of lands in the hands of any Farmer by force of aâ— old lease unlesse such an old lease expired within a yeaâ— after the making of the new nor to any grant to be made of any reversion of such lands nor to any lease oâ— lands which have been let to Farm 20 years before such lease made nor to any lease made without impeachment for waste nor for above 21 years or three lives from the making thereof and that upon every such lease there be reserved so much yearly rent as hath biâ— usually paid within 20 years before such lease made And the reversioner of such lands c. may after the death of such lessor oâ— his heirs have such remedie against such lessee his executors and assignes as such lessor might have had against such lessee Provided that all leases made by the husband of land c. being the inheritance of the wife shall be made by Indenture in the name of the husband and wife and she to seal to the same and the rent shall be reserved to the husband and wife and the heires of the wife And here the husband shall not alien or discharge the rent or any part thereof longer then during the coverture unlesse it be by fine leived by husband and wife No fine feoffment or other act done by the husband only of the inheritance or free-hold of the wife shall make any discontinuance or prejudice the wife or any other who is to enjoy the estate after her decease fines leived by the husband and wife onely excepted Stat. 1. El. not printed All estates made by any Arch-Bishop or Bishop of any mannors Lands c. parcel of their Bishoprick other then to the Queen c. and other then for 21 years and three lives from the time of such estate made and whereupon the accustomed yearly rent or more shall be reserved shall be void Stat. 13. El. 10. All leases conveyances and estates made by any master and Fellowes of a Colledge Dean and Chapter Guardian of an hospital Parson Vicar or other having any ecclesiastical living c. other then for 21 years or three lives from the making and wherupon the accustomed yearly rent or more is reserved shall be void Stat. 14. El. 11. The branch of the Statute of 13. El. 10. made to avoid certain Leases shall not extend to houses scituate in Corporations or Market-townes or the Suburbs thereof nor to the grounds of such houses so as they be not the dwelling houses of the persons there restrained nor have 10 acres of ground belonging to them Provided that no leases in reversion shal be made of such houses nor without reserving the accustomed yearly rent at least nor without charging the lessâ—â— with reparations nor for a longer term then 40 years Neither shall any such houses be aliened without purchasing presently after other lands in Fee-simple of good value Stat. 18. El. 11. All leases made by such persons are mentioned in 13. El. 10. where another lease is being not to be expired surrendred or ended with three yeares next after the making of such new lease shall be void And all Bonds Covenants for renting of any such lease contrary to this Act or to thâ— said Stat. of 13 El. 10. shall also be void Rule 21. Westm 2. 5. 13. E. 1. Usurpation of Churches during wardship particular estates Coverture 〈◊〉 Vacanci shall not bar the heir at full age the reversener or remainder in possession the feme-discovert 〈◊〉 the spiritual person in succesion from having their wriâ— of Advowson possessory viz a quare impedit or an assize of Darrein presentment as their ancestor or predecestor might have had usurpation had happened in their time whereas before this Act they were 〈◊〉 such cases put to their writ of right of Advowson One and the same form of pleading shall be used 〈◊〉 Darrein presentment and Quare impedit viz. if the defendant alledged plenartie of his own presenatiâ—â— the plea shall not stay by reason of the plenartie so 〈◊〉 the writ be purchased within the six moneths albeit 〈◊〉 cannot recover within that time Where partition is made upon record or by fine 〈◊〉 present by turn the Coparcener that is disturbed shaâ—â— not be put to a Quare impedit but may have remedâ— upon the Roll or fine by Scire facias And amongâ—â— Coparceners if one present twice together yet shaâ—â— not the other barred but have his other turn when it falleth CHAP. 14. Rule 4. Westm 2. 34. 13. E. 1. If a man ravished woman married maid or other albeit she did consent after he shall have judgment of life and member and here the King shall have the suit Stat. 6. R. 2. 6. Both the ravisher and ravished where she consents after the fact are disabled to have or chalenge any inheritance dower or loint-estate after the death of their husband or ancestor In an appeal of Rape the Husband father or next of the blood shall have the suit and the Defendant shal not be received to wage Battail CHAP. 15. Rule 2. WEstm 1. 33. 3. E. 1. he that publisheth any false news or tales whereby discord or occasion of discord slander may grow betwen the King his people or the Nobles shall be kept in prison untill he hath brought him forth into the Court that did speak the same Stat. 12. R. 2. 11. The like for him that telleth false lies of nobles and great offices whereby discord may arise between the Lords and Commons Stat. 12. R. 2. 11. in the case of these former Statutes if the party cannot bring forth him that speak the same he shall be punished by the aduise of the Council CHAP. 19 Rule 4. 31. E. 3. Stat. 1. 2. If any man or Town charged with the goods of fugitives or felons will in discharge of himself alledge another that is chargeable therewith he or they shall be heard and right shall be done him Stat. 1. R. 3. 3. None shall seize the goods of any arrested for suspition of felonie before he be convict or attaint thereof or the same goods be otherwise lawfully forfeited in pain to forfeit to the party grieved double the value of the goods so taken to be recovered by action of debt c. Rule 6. 1. E. 6. 12. The wife shall be endowed albeit her husband were attainted convicted or
seisin and damages and the plaintif shall be punished by Imprisonment at the discretion of the Iustices In like manner also shall the Iustices proceed in case the defendants proof is by deeds and releases for if the plaintif purchased the Assize contrary to his own deed he shall be punisht as aforesaid Stat. 7. R. 1. 10. An Assize of novel disseisin for 〈◊〉 issuing out of Lands in divers Counties shall be takeâ— in confinio comitatus as is used for Common of Pasâ—â—â— in one County appendant to tenements in another Stat. 1. H 4. 8. A speciall Assize is maintainable by the disseisee for such lands as are granted by the King patent without title first found by inquest for thâ— King without suit to be made to the King in that behalfe And if the pattentee pray in Aide of the King a procedendo shall also be granted without suit Here 〈◊〉 the Assize passe for the disseises he shall recover 〈◊〉 damages against the patentee Stat. H. 4. 8. If any make forcible entry into land by way of maintenance the Chancellor of England shall grant a special Assize without suing to the King and if the disseisor shall be attainted thereof he shaâ— suffer one whole yeares imprisonment and restorâ— double damages to the party grieved Stat. 21. H. 8. 3. The plaintif in Assize may abridgâ— his plaint of any part whereunto a bar is pleaded without prejudice to the residue Merton 3. 20. H. 3. A man disseised recovering his seisin by Assize of novel disseisin or confession of the party and having the same delivered him by the Sherif if he be again disseised of the same tenements by the same disseisor he shall have a writ of redisseisin to command the Sherif taking with him the Keeper of the pleas of the Crown and other Knights in proper person to go to the land c. and by the first Iurors or other lawfull men to make inquiry Howbeit this must not be without speciall commandment of the King The redisseisor shall be imprisoned Marlbr 8 52. H. 3 And not delivered without special command of the King and payment of a Fine Westm 2. 8. 13. E. 1. Writs of redisseisin must be inrolled in the Chancery and transcripts thereof shall be sent into the Exchequer Westm 2. 26. A writ of Redisseisin shall lie for them-that have recovered by default reddition or otherwise without recognition of assizes or Iuries The redisseisor shall answer double damages and not be reprevisable by common writ Rule 8. Westm 2. 24. 13. E. 1. Giveth an assize of nusance against him to whom the tenement is alienated after the nusance is made Stat. 6. R. 2. 3. The Plaintif if he will may have a writ of nusance in the nature of an Assise determinable before the Iustices or before the Iustices of Assize Rule 9. Magn. Cart. 12. Vide suprae Rule 2. Marlb 16. 52. H. 3. If the Lord will not render unto the heir the land when he comes to age without plea the heir shall recover his land by an Assize of Mortdancestor together with all his damages West 2. 4. 13 E. 1. If a woman haveing no right recover Dower against a Guardian the heir at full age shall have a Mortdancester aginst her Glocester 3. The heir shall have an Assize of Mortdancester if the tenant by eouttesie alien and leasâ— no Assets Glocester 6. All the heirs whereof one is Son oâ— Daughter Brother or Sister Nephew or Niece and the other in a further degree shall joyne in a Mortdancester Rule 10. Mag. Cart. 13. An Assize of Darrein presentment shall be alwayes taken before the Iustice of the Common place Rule 1â— Westm 2 24 13. E. 1. A writ of Juris utrâ—â— shall be granted to try whether free almes belong to one Church or another in case where they are transferred from one Church to another Rule 13. Stat. 31. H. 8 1. Iointenants and tenants in Common of an estate of Inheritance in their owne right or in the right of their wives in any Mannors Land c. may be compelled to make partition by writ de partitione facienda as Coparceners are compellable to do and afterwards shall have aid to deraigne the Warranty paramount and to recover pro rata as Coparceners after partition should Stat 32. H 8. 32. Iointenants and tenants in common that hold for life or years amongst themselves 〈◊〉 with others that have Inheritance or freehold in any Mannors lands c shall also be compelled to make partition by the said writ to be pursued upon their case Howbeit such partition shall not be prejudicial to any but the parties to such partition their executors and assignes CHAP. 31. Rule 3. STat. 9. E. 3. Stat. 1. 3. In a writ of debt brought against divers executors they shall have but one Essoine before appearance and another after appearance he or they that do first appeare in the Court at the grand distresse shall answer to the Plaintiffe and the plaintif if it passe for him shall have judgment and execution of the goods of the Testator against all named in the writ as well as if they had all pleaded Rule 7. Mag. Cart. 8. 9. H. 3. The pledges shall be free so long as the principal debtor is sufficient And they answering the debt shall have the lands and rents of the principall untill they be satisfied but note that this is meant of the Kings debtor Stat. 1 R. 2. 12. No Warden of the Fleet shall suffer any prisoner in execution to go out of prison by Mainprize Bail or Baston without making gree with the party unlesse by writ or other commandement of the King upon pain to lose his Office and the Creditor to have a writ of debt against him Stat. 23 H. 6. 10. Every Obligation taken by a Sheriff or his Ministers by colour of their office of any peâ—son in their Ward by course of Law shall be by the name of their office and upon condition that the prisoner appeared at the day and place mentioned in his Writ Bill or Warrant an Obligation in any other forme taken is void Stat. 32. H. 8 37. The Executors and Administrators of him that hath any rent or fee-farm in fee-simple fee-tail or for life shall have an Action of debt for the arrerages in the Testators life time against the tenants that should then have paid it or may distreine and make avowrie upon their matter in the lands so long as they remaine in the possession of the said tenant or of any claiming onely from him A husband seised of any such estate in any rent or fee-farm in his wives right shall after her death himself also his executors or administrators have the same remedy for arrerages due in her life So likewise of him his executors or administrators that hath a rent or fee-farme during anothers life and Cesty qui viâ— dye the same being unpaid Rule 9. Stat. 13. El. 4. The lands profits and hereditaments of
Sheriffe Rule 30. Westm 1. 17. 13. E. 1. the Sheriffe or Bailifâ—â— may take the power of the County or Baliwick and beat down a Castel or Fortresse where such beasts are inclosed if he that took them will not make deliverance Rule 33. Westm 2. 11. 13. E. 1. Processe of Outlawrie given in an action of accompt Stat. 25. E. 3. Stat 5. 17. Such processe shall be made in a writ of debt and detinue of Chattells and taking of beasts by Capias Exigent as is now used in a writ of accompt Stat. 7. H. 5. 1. In writ against forgers of false charters and muniments like processe shall be made by Capias Exigent as in writs of trespasse Stat. 19. H. 7. 9. Like processe given in actions upon the case sued in the Kings Bench and Common place as in actions of trespasse and debt Stat. 23. H. 8. 14. Like processe shall be had in every action brought upon the statute of 5 R. 2. 7. concerning forcible entry as in trespasse and like processe in every writ of annuity and covenant as in debt CHAP. 38 Rule STat. 25. H. 8 20 for the election nomination presentation investing and consecrating of Arch Bishops and Bishops Rule 32. Stat. 5. R. 2. 2. Prohibits going beyond sâ—â— without licence but it is repealed by 4. Ja. 1. Rule 35. Stat. Carlile 15. E. 2. The Dedimus potestatem shall be directed to two of the Justices or to one Justice and a Knight CHAP. 39. Rule 5. GLocester 5. 6. E. 1. An Action of waste is maintainable aginst tenant by the courtesie in dower for life or years and the party attainted thereof shall lose the thing wasted and recompence the party grieved thrice so much as such waste shall be taxed at Westm 2. 14. 13. E. 1. the processes in a writ of waste shall be summons attachment and distresse and if he come not then a writ unto the Sheriffe taking with him 12 men to go to the place wasted aed there enquire of the waste and upon that waste returned judgement shall be Stat. 11. H. 6. 5. Where the tenants grant over his estate but notwithstanding takes the profits and commits waste an action lies against him Magn Cart. 4. 9. H. 3. The Guardian may not commit waste in pain to lose the Wardship And Cap. 5. must repaire and sustain the houses of the profit of the land Glocester 5 6. E. 1. If the Guardian commit waste and the Wardship lost answers not the damages before the heires age he shall render damages to the heir otherwise Artic. super Cart. 18. 28. E. 1. An Escheator committing Waste upon Wards lands shall answer damages Stat. 36. E. 1. Stat. 1. 13. The heir shall have an action of waste against the Escheator committing waste as well within age as when he is at full age See also 14. E. 3. 13. Westm 2. 22. 13. E. 1. A writ of waste is given for one Jointenant or tenant in common against another wherein the defendant is to be at his choise to take his part in certain and then to have for his part the place wasted or to agree from thenceforth to take nothing more then his Companions do Glocester 13 6 E. 1. Hanging a plea by writ the tenant may not commit waste nor estrepment of the land in demand and if he do the demandant may have awrit to cause the land to be kept that no wast nor estrepment be done CHAP. 40 Rule 2. 36 E 3. 15. Declarations shall be good enough if they have matter of substance though the termes be not apt Rule 10 Westm 1. 46. If a writ of novel disseisin be purchased and the disseisor die before the Assize be pasesed the plaintiffe shall have a writ of entry sur disseisiâ— against his heir The like shall the heir of the disseisin have in case he die c. The nonage of the heir of the disseisor or disseisee shall not prejudice in an Assize If the Inquest pass against the heir of the disseisee he shall have an Attaint gratis Glocester 2. 6 E. 1. Where an Infant is held from his Inheritance whereby he is driven to his writ the Inquest shall passe notwithstanding his non-age Exposition of the Stat of Glocester 26. E. 1. Touching an Enquest to be made for an Infant that Statute shal run without limitation of time Westm 2. 40 13. E. 1. The suit of a woman or her heir in a Cui in vita or a sur Cui in vita after the death of her husband shall not be delayed by minority of the heir who ought to warrant the land Rule 31. Westm 2. 42. Certain cases wherein vieâ— shall not be granted Stat. de visu terrae Essoyne de servitio Domini Regis 12. E. View shall be granted in a writ of Ward in a writ of Customes and services in a writ of Advowson of a Church where there be more Churches then one in a Town and all of one Saint in a writ of Dower and in a nuper obiit Rule 32. West 2 3. The reversioner may be received in default of tenant for life dower curtesie c. If Judgment be given by reddition or default the reversioner shall have a writ of entry after the death of the Terâ—or so shall the heir also where the tenant was tenant in tail Stat de defensione Juris 20. E. The reversioner desiring to be received before judgment shal finde surety as the Court shall allow to answer the value of the issues of the tenant from the day of the receit till judgement if it passe for the demandant Sta. 13. R. 2. 17. The like receit shal be for the reversione upon the faint pleading of such a tenant and he shall plead in chief without delay and the Judges by discretion shall give dayes of grace between the demandant and him that is received without giving the Common day in plea of land unlesse it be by the demandants assent Surety for the value shall be found as before in 20. El. as well where the receit is counter pleaded as where it is granted Glocester 11. Tenant for years shall be received before judgment rendred to say that the Action was by Covin Westm 2. 3 Receipt is given to the Wife in her Husbands life time if he lose her land by default and the tenant that recovered against the husband must maintain his own right Rule 33. Westm 1. 39. What Counter-pleaders are good in Mortdancestor nuper obiit Intrusion and such like actions and also in writs of Entry in the degrees c. See also Stat. de vocat ad warrant 20. E. 1. 1. 4. E. 1. 18. Westm 2. 6. Rule 48. After Sanctuaries were taken away for sundry offences by divers Statutes at last by the Statute of 21 Jac. 28 They were totally annulled Rule 5 3. Glocester 3. The heir shall not be barred of his Mothers Inheritance by the Warranty of the father being tenant by courtesie or alienation without
Leviable by distresse as A Seigniory which is a Service whereby Land is holden and such Services are Common to all certain Estates Fealty Rent service Hither also may be referred Frankalmoigne and Divine Service Proper to Inheritance Generall Homage Suit of Court Particular whereby Lands are distinguished The Services themselves Soccage Knight-seâ—vice In the Lords life-time as reasonable Ayde After his death as Wardship and Releif A Rent charge which is a Rent with liberty to distrain upon the Grant or Reservation of a certain Rent to be issuing out of Land Such as cannot be distrained for Tab. 8. The persons Tab. 9. TABLE 8. A bare Hereditament concerning Land for which no distresse can be taken is Rent-seck which is a Rent without liberty to distrain Common which is a profit to be taken in anothers land whither also may be referred Estovers Houseboot c. Also a way over Land liberty to Fish Hunt draw water or the like TABLE 9. A bare Hereditament that concerns the person is Of the person himselfe as a Villaine By reason of the person viz. An Annuity which is a yearly Rent to be had of the person of the Grantor A Corody which is a portion for ones sustenance or cloathing An Office which is a duty of attendance upon a charge TABLE 10. A Prerogative hereditament which is derived from the Kings Prerogative and is termed a Franchise being a Royall priviledge in the hands of a Subject as Markets Fairs Toll and whatsoever liberties else which created at first by the Kings special Grant or of their own nature belonging to him are given to a common person to have an estate in Of this sort also are Execution and return of Writs forfeited Recognizances Fines Post-fines Issues Amerciaments and other Green wax money within such a Precinct or Liberty Also power there to make a Coroner Clerk of the Market and other Officers to have therein Treasure Trove Deodands Wreck of the Sea Waifes Estrayes the goods of Felons and outlawed persons Royall mines Royall Fish to keep a Leet to take Conusance of Fines to hold plea of debts and damages Sans summe and the like TABLE 11. A Chattel wherein their cannot be several Estates whereof consider The common Affection viz. That all ones own Chattels whether in possession or action as debts c. may be devised by Testament which is the appointment of an Executor to administer them for him after his death The severall kinds and so it is Reall as a Term for years or Wardship Personall to which divers things belong In generall Bailment which is the delivery of goods To keep when only the custody is committed to him and that is A simple bailment when he receiveth them to keep for another A Pledge when he receiveth them for another thing had of him at the time To employ as when the Bailee hath the things to use for anothers profit Contract which is a mutuall agreement for the very property of Personal things In particular viz. for the Interest of things uncertain as Accord which is an agrement of the parties themselves upon satisfaction executed Arbitrement which is an Award of satisfaction by others TABLE 12. Punishment of Offences which are Without force as Trespass upon the Case Common as Misuses when by wrong one is endamaged as by slander or the like amongst which serve Disturbance which is the hindring of that which belongeth to one to do Nusanee which is an annoyance done to ones Hereditament Deceit when the damage groweth by an undue sleight or the like Conspiracy to do one wrong or the like Offences in the nature of Trespasses upon the Case which are by the Kings Prerogative punishable like to them viz. by amerciament as Non-suit in an action Fault in the Original Writ he brings Or by the Sheriff in the return thereof making default when he should appear And whatsoever other Offences not being with force which offer no direct injury to a common person Reall wrong Tab. 13. Coupled with force Tab. 14. TABLE 13. A reall wroÌ„g is Discontinuance when one having an Estate Tail or Fee-simple in anothers right maketh a large Estate of the Land then he may Ouster when one is put out of his Free-hold Indeed as by Disseisin of Land when one is put or held out by a forcible Entry Detainer Rent as In every rent by Incloser Forstaller In rent service rent charge by Rescous Replevin In rent-charge rent-seck by denyer Usurpation when the Church becometh full by the presentment of a wrong Patron In Law as by Intrusion which is after the death of the Tenant for life Abatement which is after the death of one that had the Inheritance TABLE 14. Wrongs coupled with force and they are Not punishable by death Trespasses and they touch Possessions as in Goods which is the wrongfull taking of them with pretence of Title Land when it is done upon an actual possession thereof The person and so Trespasses are With preteÌ„ce of violence as Menaces which are threatning words of beating one or the like Assault which is an unlawfull setting upon ones person With violence indeed as False Imprisonment which is an unlawfull restraint of liberty Bodily hurts and they are Outward violencies Battery which is the wrongful beating of one Maime which is the wrongful spoyling of a member defensable in fight Rape which is the carnall abusing of a woman against her will Offences against the Publike Tab. 15. Punishable by death Tab. 19. TABLE 15. Offences against the publike termed Contempts may be committed either Against the King as 1. To disobey the Kings Command By his Writ By his Proclamation 2. Disobey any thing ordained by Statute Against the Common-wealth viz. against 1. The peace thereof as Riots Routs unlawfull Assemblies breach of the Peace and Good behaviour false news Barreting Evâ—s-dropping c. Also all Trespasses with force for which a man may be both indicted and prosecuted at Law by the Suit of the Party 2. The strengh as to send aide to the Kings Enemies to go beyond Sea without the Kings Licence c. 3. The Justice Tab. 16. 4. The Wealth Tab. 17. 5. The Passages Tab. 18. TABLE 16. 3. Publick Offences against the Justice of the Common-wealth as 1 Perverting of Justice as corrupt Judges who pervert Justice corrupt or negligent Officers Enditors corrupt Jurors Extortion Escapes negligent and voluntary c. 2 All force against the Justice of the Realm as Rescous of a Felon or others Affairs in disturbance of Justice to go armed in the Kings Palace To strike in Westminster Hall for which he shall loose his right hand so shall he that strikes a Juror in the presence of the Justices and be also committed to perpetuall Imprisonment 3. Conventicles which comprehend conspirators and Confederators Maintenance Champerty c. 4 Offences in favour of Malefactors as Misprisions of Treason or Felony which for Treason is perpetuall Imprisonment Theft-boot when a man receives his goods