it is specially to bée respected in that case that he hath but a pretenced right or title at the time of his Lease made for if he hath a good title in the same land at the time of the said Lease then is he not within the danger of the said Statute though neither hée himselfe nor any of his auncestors nor any by whom he doth clayme the same land haue béene in possession thereof nor of the reuersion or remainder thereof nor haue taken the rents or profites thereof by the space of one whole yeare before the said Lease made For if a man doe enter into lands that be holden of him for an alienation in Mortmaine Or if hée doe recouer lands by a reall action hée may sell the same land or make a Lease of the same land within a yeare after the Entry or Recouerie though neyther hée nor his auncestors nor they by whom hee claymeth the same land haue béene in possession thereof nor taken the Rents or Profites thereof by the space of one whole yeare before Br. Maint 38 6. E. 6. And so it is if a man doe morgage his Land for diuers yeares vpon condition of repayment of money at a certaine day or vpon any other condition If after hée doe redéeme his Land hée may sell it or Lease it within one yeare after though he hath not béene in possession thereof nor taken the Rents or Profites thereof by the space of many yeares before For the meaning of the Statute is not to restraine the bargaining buying or selling of good and cleare Rights but of pretended Righs and Titles And this pretenced Right or Title is What is a pretenced title when one man is in possession of Lands or Tenements and another man who is out of possession of them doth clayme them or doth sue for them for hée is not aptly sayd to haue title to land who is in possession of the same And therefore if he that is out of possession of land doth bargaine sell or make any Agréement Couenant or Promise to depart from the same land or to make any assurance thereof after hée shall recouer the said Land hee is within the danger of the said Statute whether he hath a good title to the same land or not And so it is if one who hath a pretenced Right or Title to copyhold Lands doth bargaine and sell it to another Co. lib. 4. 26 he is within the compasse and danger of the foresaid statute of Anno 32. H. 8. For the words of the statute be If any doe bargaine buy or sell c. any right or title in or to any lands or ténements So that those words any right or title doe extend to all manner of rights or titles and consequently to copyhold lands And séeing a great part of the land of the Realme is graunted by copie Therefore the meaning of the makers of the said Statute of Anno 32. H. 8. was to include them for the auoiding of Suits Maintenance and Champertie and not to leaue all copyhold estates to the mischiefes mentioned in the preamble of the sayd Act. Maintenance by giving of Liueries and retaining 12 Giuing of Liueries Badges Signes and Tokens and retayning of vnnecessarie seruants is an euill budde springing out of the foresayd Branch of Maintenance being put in practise by men of great countenance authoritie and estate and it hath béene from age to age accounted a meane to stirre vp quarrels to boulster Suites to procure Periurie and to subuert iustice And therefore the chiefe Gouernours of this Realme haue endeuoured by many Acts of Parliament to represse or snibbe it as by the Statute of Anno 1. R. 2. 7. Hen. 4. it was ordained St. 1. R. 2. 7. 7. H. 4. 14. That if any person shall giue any Chaperons Hats or such like Liueries to any man for maintenance of quarrels or other confederacies he shall forfeit an hundred shillings for euery such Liuerie and he which receiueth such Liuerie shall forfeit fortie shillings And by the statute of 8. H. 6. it was enacted Sta. 8. H. 6. 4 That if any person of his owne authoritie and proper costs doe buy or weare for his clothing any Clothes or Hats called Liueries of the sort or suit of any Lord Ladie Knight Esquire or other person to haue supportation succour or maintenance in any quarrell or in any other matter and being therof lawfully conuict he shall forfeit fortie shillings and be one yeare imprisoned And by the statute of Anno 1. H. 4. it was prouided St. 1. H. 4. 7. That if any which is a Knight or Esquire meniall of the Kings or who is of his retinue to whom his Maiestie shall giue his honourable Liuerie doe weare his said Liuery in the countrey or Countie where he is resiant or dwelling or in any other place of the Realme out of the Kings presence sauing in going or comming from the Kings house and is thereof duly attainted he shall loose his Liuerie and forfeit his fées for euer And by the statute of Anno 8. Ed. 4. it was established Sta. 8. E. 4. 2. Sta. 1. H. 4. 7. That no person by himselfe or any other for him shall giue any Liuerie or Badge or retaine any person other then his meniall Seruant Officer or learned man in the one Law or in the other by any writing oath or promise And if any doe the contrary hee shall forfeit for euery such Liuerie or Badge giuen an hundred shillings And he which doth retaine or take of any other such oath writing or promise or is retained by Indenture shall forfeit an hundred shillings for euery moneth that any person is so retayned with him by Oath Writing Indenture or Promise And euery person which is retained by Writing Indenture Oath or Promise for euery moneth that he is so retained shall forfeit an hundred shillings But this act shal not extend or be preiudiciall to any Gift Graunt or Confirmation made of any Fée Annuity Pention Rent Lands or Tenements by the King or any others to any person or persons for their counsell giuen or to be giuen or for their lawfull seruice done or to be done and for no other vnlawfull cause or vnlawfull intent although the person to whom such gift graunt or confirmation is made be not learned in the one law or the other Neither doth it extend to any libertie giuen at the Kings or Quéenes coronation or at the instalment of any Archbishop or Bishop or erection creation or mariage of any Lord or Lady of estate or at the creation of any Knights of the Bathe or at the commencement of any clerke in an Vniuersitie or at the creation of Serieants of the law or giuen by any Fraternitie Guild or Mysterie corporat or by the Maior Sherife or other chiefe Officer of any Citie Borough Towne or Port of this Realm of England for the time being during that time for the executing
30. St. 18. El. 13. an 18. El. it was established That euery such person which shal be Atturney for any other person or persons being demandant or plaintife tenāt or defendāt in any actiō or suit cōmenced in any of the K. courts of record at West plead to an issue in the same shal deliuer or cause to be deliuered his lawfull warrant of Atturney to be entred of record for euery of the said actions or suits wherin he is named an Atturney to the officer or his deputy ordained for the receit or entring therof in the same terme whē the issue is entred of record in the said court or before vpon paine of forf of x. l. for euery default for not deliuery of the said warrāt the one moity to the K. his heirs successors the other to such officer to whō or in whose office the same warrāt shold be deliuered entred or filed to be rec by A. of det B. P. or I. wherin no W. E. P. c. also he shal suffer such imprisonmēt as by the discretiō of the I. of the Court where any such default shall be made shall be thought good Fit N. B. 9 6 If a man make an Atturney in a real action brought against him Deceit by an Atturney after by couin agréed vpon betwéene the demandant and the said Atturney the same Atturney maketh default whereby the tenant doth loose his land then the same tenant who lost his land may haue a writ of Deceit against the Atturney And so it is if a man bring an action of Trespasse against two others Register fo 113. Fit N. B. 96. and the plaintife and an Atturney by couin agréed vpon betwéene them doe cause two straungers not parties to the writ to come into the court and to say that they be the same two defendants named in the writ and that they do constitute the same man to be their Atturney in that suit wherupon the same Atturney as Atturney to the defendants named in the writ do plead to an issue and after suffer the enquest to passe by his default by which meanes the plaintife doth recouer against the defendant in this case they who be indéed defendants and against whom the same action of Trespasse was brought may haue a writ of Deceit against the same Atturney that appeared as Atturney for them and shall recouer their dammages 10. Ed. 4. 9. 20. Eliz. Dyer 367. If an Atturney be informed by his client to plead a false plea which he cannot in conscience plead he may procure this Entrie to bée made Quod non fuit veracitér informatus ideo nihil c. to defend him in a writ of Deceit brought against him by his said client If an Atturney do sue forth a Capias where there was no originall writ before 20. H. 6. 39. he shal be committed to prison and thrust out of his place in that and all other Courts 4 As the law doth punish her Officers who do practise or commit any deceit or fraud in stead of truth in place of iustice The law reiecteth fraudulent acts so doth she renounce and condemne all acts of greatest importance if they be intermixt with guile and falshood For though Iudiciall acts as Fines Recoueries Warranties deedes inrolled c. being of their owne natures iust and lawfull and meanes to settle titles to appease controuersies and to yeeld each person his due bee therefore greatly respected and fauoured in her sight yet if any of them be deuised or executed by couin or to deceiue then she doth vtterly reiect them and adiudge them void Co. li. 3. 77. As a man was Lord of the Mannor of D. wherein there was a tenant which had some parcels of freehold land in fee simple the Lord demised certaine lands parcell of the demesnes of his said Mannor to the said freeholder for xxj yeares reseruing certaine rent and demised some other lands parcell of the said demesnes to the same fréeholder at will reseruing another rent and graunted by copie of Court roll certaine other lands parcell of the same Mannor to the sayd freeholder for the terme of life according to the custome of the sayd Mannour reseruing a third rent And after the same freeholder demised all the sayd lands which hee held by lease for yeares at will and by copie in D. to a straunger for the terme of life and then the same freeholder leuied a fine with proclamations of so many messuages so many acres of land medow pasture c. as he had by lease for yeres at will by copie of Court roll of his owne inheritance in D. by couin fraud to barre the lord of his inheritance All the proclamations were made and the fiue yeres were past the same fréeholder continued in possession of the land which was graunted to him by lease for yeres at will and by copie and paid to the Lord yerely his seuerall rents for the same And after the stranger to whom the fréeholder made the lease for life died and the lease which the Lord made to the fréeholder for xxj yeares expired And then the same freeholder claimed the inheritance of all the land which the Lord demised vnto him for yeares at will by copie intending to barre the Lord thereof by force of the fine with proclamations the fiue yeares past But this fine was adiudged void against the Lord and that it did not barre him to clayme and enter vpon his land for that it was leuied by him who had but estate in those lands for yéeres at will or by copy of court Roll and that neither had nor could pretend any title to the inheritance of the land but only by fraud practised the disheritance of the leassor And whereas the meaning of the makers of the statute of Anno 4. H. 7. St. 4. H. 7. 24 was as it may appeare by the preamble of the same that fines ought to be of the greatest strength to auoid strifes and debates when the lessée for yeares at will or copyholder shall make an assurance by fraud and couin A fine leuied of land to defraud the right owner therof to the intent a fine may be leuied to disherit the right owner of his land this is not a meanes to auoid or appease strife but to begin it where none was before and therefore the same statute did not intend to ratifie such an estate begun by deceit And further the meaning of the makers of the said statute was not That he who could not leuie a fine of this land in respect of the debilitie of his estate therin should be enabled by his owne practise and deceit to leuie a fine therof to barre him who had a lawfull title therein and a right to leuie a fine thereof And the same lessée for yeares tenant at will and copyholder contriued his fraud in so secret manner that by his couert practise he depriued his
That all recoueries to be had or prosecuted by agreement of the parties Recoueries against particular tenants by Couin to defraud him in the reuertion or by Couin against any tenants by the Curtesie of England Tenants in taile after possibilitie of issue extinct or otherwise onely for the terme of life or liues or of estates determinable vpon life or liues of any lands Tenements or hereditaments whereof the same particular Tenant is or shal be seised of any such particular estate as is aforesaid or against any other with Voucher ouer of any such particular Tenant or of any hauing or that had right or title to any such particular estate or tenancie as is aforesaid shal as against such person or persons to whom any reuersion or remainder thereof by force of any Conueyance or deuise before that time had or made shall ought or lawfully may appertaine and against their heyres and successors be vtterly voide Prouided alwaies that this Act shall not extend to any person or persons that shall by good title recouer any lands tenemēts or hereditaments without fraud or Couin by reason of any former right or title But al euery such recouerie and recoueries vpon former rights and titles shall stand and be in like force as they were before the making of this Acte And in all and euerie recouerie and recoueries to be had or prosecuted of any lands tenements or hereditaments by the assent and agreement of any person or persons to whom any reuersion or remainder thereof then shall or ought to appertaine so that the same assent and agréement doe appeare of record in any of the Kings Courts shall stand in like strength and of like effect against such person and persons that shal so assent and agree their heyres successors as they were before the making of this act 27 And for that Couin and fraud should be restrained and punished when it shall be put in practise or intended by those in reuersion to defeate their Lessees of their termes for yeares as it was by the aforesaid Statutes when it was executed by particular Tenants to the preiudice or disheritance of them in the Reuersion Couin by him in the reuersion to defeate his Lessee for yeeres Therefore by a Statute made Anno 21. H. 8. Stat. 21. H. 8. 15 Stat. 6. E. 1. 11. it was enacted That if any persons doe make leases of their lands tenements or other hereditaments by Indentures or without writing to other persons for terme of yeares if after the same Lessors their heires or assignes do cause or suffer recoueries to be had against them in the Kings or any other Lordes Court vpon fained and vntrue title by craft and Couin to put the said Termors from their Termes all such Termor shall and may falsifie for his terme only such recouerie in such wise and forme as a tenant of fréehold shall may doe by the course of the cōmon law where such tenant was neither priuie nor party to such recouerie And the same Termors their Executors assignees notwithstanding such recouerie so had shall enioy retaine and hold their said termes according to their said leases against all such recouerors their heyres and assignees And the said recouerers their heyres and assignees after such recouerie so had shal haue like remedy against the said termors their Executors and assignees by auowrie or action of debt for the rents and seruices reserued vpon the same leases being due after the same recoueries also like actions against them for waste done after the same recoueries so had in like manner and forme as the said Lessors should or might haue had if the same recoueries had neuer beene had No manner of Statute of the Staple Couin to auoide a Statute or recognisance statute marchant nor execution by Elegit shal be auoided by meanes of any such feyned recouerie but all persons hauing any lands tenements or other hereditaments in execution or being intituled to haue execution of any lands or tenements by any such meanes shal haue like remedie to auoide and falsifie the same recouerie as before is prouided for the lessee for terme of yeares 28 There haue beene many lawes and Statutes deuised from age to age to restraine and punish seueral sorts of deceits Couins collusions and frauds but most to encounter and checke fraudulent deeds cōtriued of malice or guile to defeate Stat. 50 Ed. 3. 6. 1. R. 2. 9. 2. R. 2. 3. 3. H. 7. 4. 13. El. 5. 27. El. 4. delay or hinder others of their lands leases goods cattels debts c. as it appeareth by the statute made A. 50. Ed. 3. 1. R. 2. 2. R. 2. 3. H. 7. 13. El. 27. El. But as deceit and fraud increased in this realme so new penalties and greater punishments were inuented from time to time to inflict vpon the transgressors therin And because fained couenous and fraudulent Feoffmēts gifts graunts alienations conueyances bonds sutes iudgements executions of lands and tenements goods and cattels being deuised of Couin guile to defraud creditors and others of their iust and lawful actions dets c. be not only to the let of the due course and execution of law iustice but also to the ouerthrow of all true and plaine dealing bargaining and cheuisance betweene man and man without the which no common weale or ciuill societie can bee maintained or continued Therefore by a Statute made A. 13. El. it was enacted Stat. 13. El. 5 Stat 29. El. 5. That all and euery Feoffment gift graunt bargaine alienation Fraudulent deeds to auoide other mens debts and duties and conueyaunce of lands tenements hereditaments goods cattels or of any of them or of any lease rent common or other profite or charge out of the same lands hereditaments goods c. or any of them by writing or otherwise And all and euery bond sute iudgement and execution at any time had or made sithence the beginning of Queen Elizabeths raigne or at any time hereafter to be had or made which haue beene and are deuised contriued of malice fraud couin collusion or guile to the intent c. to delay hinder or defraud creditors others of their iust lawfull actions sutes debts accompts damages penalties forfeitures hariots mortuaries or reliefes shal be taken deemed onely as against that person his heires executors successors or assignes whose actions sutes debts accoūts c. by such guileful couenous or fraudulēt deeds deuises practises as is aforesaid are shall or mought be in any wise disturbed hindered delaied or defrauded to be cléerly void of none effect any colour fayned cōsideration expressing of vse or any other matter to the cōtrary notwtstanding And al euery the parties to such fained or fraudulēt feoffment gift graunt alienation bargaine conueyance bond sute iudgement execution Parties to fraudulent deedes c. or being priuie and knowing of the same or any of them which
shall willingly and wittingly put in vre auowe maintaine iustifie or defend the same or any of them as true simple and done or made bona fide and vpon good consideration or shall alien or assigne any the lands tenements goods leases c. to them conueied or any part thereof shall forfeit to the Queene c. and the partie grieued by such fraudulent feoffement gift bond suit c. one yeares value of the said lands c. leases rents or other profits and the whole value of the said goods and cattels and so much money as shall be contained in such couenous and fained bond to bée recouered by A. I. B. P. c. wherein no W. E. P. c. And béeing thereof lawfully conuicted shall suffer imprisonment one halfe yeare Common recoueries without Baile or Mainprise But common Recoueries had against Tenant in taile or other tenant of the fréehold of lands the Reuersion or Remainder or right of Reuersion or Remainder whereof then shall bée in any other person shall as touching such person and his heires which hath the Reuersion or Remainder thereof be of like force and none other Voucher in Formedon as the same should haue béene if this Act had not béene made And no estate or conueyance by reason whereof any person shall vse any voucher in any writ of Formedon shall bée made void by this Act But euery such voucher in any writ of Formedon shall be of like force as if this act had not béene made Lands or goods assured bona fide and vpon good cōsideration Prouided alwaies that this Statute shall not extend to any estate or interest in lands leases goods c. lawfully assured vpon good consideration and bona fide to any person or persons bodies politique or corporat not hauing at the time of such conueyance c. any knowledge of such fraud or collusion as is aforesaid Fraudulent déeds to auoid forfeitures 29 If a man to preuent a forfeiture for a felonie or vpon an outlarie Co. li. 3. 82. will make a gift of all his goods and after is attainted of felonie or outlawed these goods shall be forfeited notwithstanding this gift for this word forfeitures specified in the foresaid Statute of Anno 13. St. 13. El. 5. El. shall not be intended onely of the forfeiture of an obligation Recognisance or such like but also of euery thing which by the Law may be forfeited to the King or to a Subiect And the same Act of Anno 13. El. shall not extend onely to creditors but also to all others who haue cause of Action or suit or to haue any penaltie or forfeiture And if a man do bind himselfe and his heirs to pay to another a certaine sūme of money at a day assigned and before the day doth come of paiment Co. li. 5. 60. the obligor dieth leauing to his sonne and heire sufficient land to pay the same debt the heire doth enter and alien the same land before the obligée doth commence his suit vpon the said obligatiō If vpon the suit of the same obligation the heire do plead nothing but discent and vpon the trial of that issue the foresaid alienation be found by the Iurie to be made by fraud to deceiue the said creditor of his debt or that be pleaded the said alienation shal be void by the foresaid statute of 13. El. and the plaintife shall recouer A déed of gift must be vpon good consideration and bona fide 30 In the said Statute of Anno 13. El. there is one Prouiso St. 13. El. 5. That the said Act shall not extend to any estate or interest in lands tenements or hereditaments leases rents commons profits goods or cattels which is or hereafter shall be lawfully had made conueyed or assured vpon good consideration bona fide to any person or persons or bodies politique or corporat not hauing at the time of such conueyance or assurance to them made any manner of notice or knowledge of such couin fraud or collusion By which Prouiso it appeareth that the gift which is within the compasse of the same Prouiso must be both vpon good consideration and also bona fide And therefore whereas A. did owe to B. CC. l. and to L. a hundred pounds Co. li. 3. 80. payable by two seuerall obligations L. brought an Action of debt against A. vpon his said obligation of a hundred pound during which sute A. being possessed of goods and cattells to the valew of two hundred pounds in secret made a generall déede of gift by writing of all his goodes and cattells Realls and Personalls whatsoeuer to B. in satisfaction of his debt and notwithstanding A. continued in possession of the same goods and sold some of them and did share and brand the shéepe with his owne brand and after L. had iudgement to recouer against A. and had a Fieri facias directed to the Shiriffe of the Countie where A. dwelt who by force of the Writ came to make execution of the same goodes but B. resisted him by force clayming those to be his goodes in respect of his said déede of gift and reported that it was a good déed of gift and made vpon lawfull consideration But in the Starrechamber this was adiudged a fraudulent déede and within the statute of 13. Infallible markes of a fraudulent deede of gift Eliz. for this déed of gift had all the badges and markes of fraud for it was generall and without any exception of his apparrell bedding or any other necessary thing and the owner continued in possession of all the goods and vsed them as his owne and the déede of gift was made in secret and not sealed deliuered nor published amongst his neighbours And it was made whilest the sute was depending betwéene L. and A. And héere was a trust betwéene the Donor of these goods and the Donée for the Donor possessed the goodes and vsed them as his owne and fraude is alwayes shaddowed with trust and trust is the couer of fraud and the writing purported that the déede was made honestly truely and Bona fide which be not accustomed words in a déede of gift and vnusuall termes in any Instrument doe bréed suspition And though this was a true debt due to B. and the consideration was good yet this was not within the before specified Prouiso for that the déede of gift was not made also Bona fide for no déede shall be adiudged to be made Bona fide according to the said Prouiso which is accompanied with any trust and the words of the Prouiso be in the copulatiue vpon good consideration and Bona fide So that good consideration will not serue vnles the gift be also Bona fide viz. to the intent that the Donée shall haue carry away and enioy to his owne vse the possession of the same goodes without any trust expressed or implied and therefore whosoeuer will make a déede
of gift of goods to an other in satisfaction of his debt or for any other reasonable cause How a déed of gift may be made without fraude and will eschew therein the suspition and question of fraude or of a fraudulent gift it is expedient for him to make the same déede openly and before his neighbors or some men of credite in those partes where he doth liue and not in any secret place or before witnesses of small credite or vnknowne in that Countrie and further that the goods which shall be aliened by that déede of gift be set downe in particular and praised to the vttermost value by indifferent persons or seene that they be of the same valew and that the partie to whom the gift is made doe presently take them into his owne possession and carry them away for to leaue them in the Donors possession is an vndoubted argument of trust which trust is a principall vaile of fraude and deceit for though betwéene the Donor and the Donée this trust hath a pleasing goodly shew of confidence and faithfull and true dealing yet betwéene the same Donor and his Creditors it is méere fraude and deceit for the Donor maketh his déede of gift of trust hoping the Donée will not deceiue him who by the selfe same déede meaneth to deceiue others But as a déede of gift must be made Bona fide viz. without any trust so must it be made vpon good consideration A déed of gift must bee made vpon valuable consideration viz. vpon valuable consideration For if a man being in debt to diuers persons will make a déede of gift of his goods to his sonne his nephew or neare kinsman in blood and deliuer him possession thereof and the Donée doth take and carrie away the goods and imployeth them to his owne vse In this case the deede is made bona fide for that the Donée hath taken and carried away the goods and it is made vpon good consideration viz. consideration of Nature and blood but it is not made vpon valuable consideration for money paid or wares deliuered according to the intent and meaning of the Prouiso aforesayd And further though héere is no trust expressed by the Donor in the Donée yet the Lawe doth intend that there is a trust implied betwéene the Donor and his sonne nephew or neare kinsman to whome hée hath made this déede of gift and therefore accompteth it voyde against Creditors c. 31 Forasmuch as diuers persons after conueiances obtained and purchases made of lands tenements leases estates and hereditaments for mony or other good considerations may receiue great preiudice by reason of fraudulent and couenous conueiances estates gifts graunts charges and limitations of vses before made of in or out of lands so purchased which said◠gifts graunts c. are or shall be meant by the parties that so make the same to be fraudulent and couenous of purpose and intent to deceiue such as shall purchase the same or else by the secret intent of the parties the same be to their owne proper vse and at their frée disposition coloured neuerthelesse by a fained countenance and shew of words and sentences as though the same were made bona fide for good causes and vpon iust and lawfull considerations For the remedie of which inconueniences and for the auoiding of such fraudulent fained and couenous conueiances gifts graunts charges vses and estates and for the maintenance of iust and vpright dealing in purchasing of lands Fraudulent assurances to deceiue purchasors c. by a Statute made Anno 27. Elizab. it was ordained St. 27. El. 4. St. 39. El. 18 That all and euery conueiance graunt charge lease estate incombrance and limitation of vse or vses of in or out of any lands tenements or other hereditaments whatsoeuer had or made at any time héeretofore sithence the beginning of the Quéenes raigne that now is or héereafter to be had or made for the intent and of purpose to defraud and deceiue such person or persons bodies politike or corporat as haue purchased or shall afterwards purchase in fee simple fée taile for life liues or yeares the same lands tenements and hereditaments or any part or parcell thereof so formerly conueyed granted leased charged incombred or limited in vse or to defraud and deceiue such as haue or shall purchase any rent profit or commoditie in or out of the same or any part thereof shall be déemed and taken only as against that person and persons bodies politike and corporat his and their heires successors executors administrators and assignes and against all and euery other person and persons lawfully hauing and claiming by from or vnder them or any of them which haue purchased or shal hereafter so purchase for mony or other good consideration the same lands tenements or hereditaments or any part or parcell thereof or any rent profit or commoditie in or out of the same to be vtterly voide frustrate and of none effect Any pretence colour fained consideration or expressing of any vse or vses to the contrary notwithstanding Parties to fraudulent conueiances which doe auow the same All euery the parties to such fained couenous fraudulent gifts grants St. 27. Eli. 4◠leases charges or conueiances before expressed or being priuie knowing of the same or any of thē which shal wittingly put in vre auow maintain iustifie or defend the same or any of thē as true simple done had or made bona fide or vpon good consideration to the disturbance or hinderance of the said purchaser or purchasers leasees or grauntées or of or to the disturbance or hinderance of their heires successors executors administrators or assignes or such as haue or lawfully claime any thing by from or vnder them or any of them shall incurre the penaltie and forfeiture of one yeares valew of the said lands tenements and hereditaments so purchased or charged The one moitie whereof to be to the Queene her heires and successors and the other moitie to the partie or parties grieued by such fained and fraudulent gift graunt lease conueiance incombrance or limitation of vse to be recouered in any of the Q. Courts of Record by action of debt B. P. or I. wherein no E. P. or W. c. And also being thereof lawfully conuicted shall suffer imprisonment for one halfe yeare without baile or mainprise St. 27. El. 4. This Act or any thing therein contained shall not extend or be construed to impeach defeate make voide or frustrate any conueiance Conueiances made vpon good consideration and Bona fide assignement of lease assurance grant charge lease estate interest or limitation of vse or vses of in to or out of any lands tenements or hereditaments heretofore at any time had or made or hereafter to be had or made vpon or for good consideration and Bona fide to any person or persons bodies politike or corporate any thing before mentioned to the
person vsing buying and selling of Pewter or Brasse doe occupie any false or deceitfull beames or weights of the sayd wares hee shall forfeit xx s. to the King and the partie that will sue And if hée be not able to pay so much he shall be put in the stockes vntill the next Market day and then set on the Pillorie all the Market time By the Statute of Anno 23. Deceit in winding of wooll H.S. No person shall wind or cause to be wound St. 23. H. 8. 17. any fléece of wooll not béeing sufficiently washed nor put in a fléece any clay lead stones sand tailes deceitfull lockes cot calles cumber lambes wooll nor any other thing whereby the fléece may be the more weightie to the deceit and losse of the buyer vpon paine to forfeit for euery fléece vj. pence to the king and finder and proouer of the same deceit Deceit in packing of wooll By the Statute of Anno 8. H. 6. St. 8. H. 6. 22 If any wooll packer doe make any other but good and due packing hée that féeleth himselfe grieued thereby shall haue his action of Trespasse and deceit at the Common law against him And if any stranger doe force clacke or beard any wooll hee shall forfeit the same or the value thereof and bée imprisoned By the Statute of Anno 23. Deceit in vsing of waxe or hony Eliz. St. 23. El. 8. Euery person which in the making and melting of waxe or hony shall vse any deceit by mingling the same with rosin tâ—llow turpentine or any other deceitfull thing to the intent to sell or offer the same to bee sold shall forfeit the same mingled waxe or hony And if it be sold before the corruption shal be found then he shal forf ij s. for euery pound to the K. the party deceiued Deceit in Vpholsters if he will sue By the stat of An. 11. H. 7. An. 5. E. 6. St. 11. H. 7. 19. 5. E. 6. 23. If any person shal make to the intent to sell or offer to sell any featherbed boulster or pillow except the same be stuffed with drie pulled feathers or cleane downe onely without mingling of scalded feathers fen-downe thistle down sands lime grauel haire or any other deceitfull or corrupt stuffe or shal make to the intent to sell or offer to put to sale any quilt mattrice or cushions which shall bee stuffed with any other thing than feathers wooll or flockes alone hee shall forfeit the same so sold or offered to be sold to the K. and him that will sue By the stat of Anno 1. Bringing in deceitful hops Iac. If any forreiner denizen or Englishman shall bring St. 1. Iac. 1â— or cause to be brought into this realm out of any forreine dominion beyond the sea any deceitful hops mixed with powder dust sand or other soile whatsoeuer he shal forf the same hops And if any Brewer of ale or béere which shall buy the same brought from beyond the seas or growing within this realme shall spend the same about the brewing of ale or béer to be sold being corrupt or mixt with powder dust or any soil whatsouer he shal forf the same or the value therof to the K. and him that will seise or sue for the same For the auoiding of great deceits committed in selling of sundry sorts of corrupt and mingled spices drugges wares St. 1. Iac. 19. and other marchandizes garbleable by a statute made Anno 1. Deceit in spices drugs Iac. it was ordained That all spices wares drugges and other marchandizes garbleable shall for the fées vsually allowed in that behalfe be sufficiently garbled and diuided and after sealed by the garbler his deputy or seruant before the same be sold shall not after be mixed with any garble vpon paine of the forf of the same or the value thereof Deceit in Woollen cloth to the King and him that will sue for the same And because in seuerall ages there haue bin diuers many deceits and frauds practised put in vre in the spinning carding dying of wooll woollen yarne in the making weauing fulling watering tucking milling rowing dying thicking folding pressing tacking mingling teÌ„tering straining stretching measuring searching marking sealing of woollen cloth in the length bredth weight thereof to the preiudice hinderance of the buiers or wearers of the same for the preuention restraint whereof by the statutes made AnnÌ„ 2. E. 3. 14. 3. R. 2. 2. 13. R. 2. 11. 4. H. 4. 6. 7. H. 4. 10. 13. H. 4. 4. 6. H. 8. 9. 25. H. 8. 18. 27. H. 8. 12. 3. Ed. 6. 2. 5. Ed. 6. 6. 4. 5. P. M. 5. 8. El. 12. 23. El. 9. 27. El. 18. 35. El. 10. 39. El. 20. 43. El. 10. 3. Iac. 16. it was ordained enacted how the wooll prouided for the making of cloth to be sold shal be spun carded dyed and of what length bredth weight seuerall sorts of clothes wrought in seuerall counties cities townes and parts of the realm made to be put to sale shall and ought to be and how in what maner sort the same seueral clothes shall be made wouen fulled watered tucked milled rowed dyed thicked folded pressed tacked mingled tentered strained stretched measured searched marked sealed seueral penalties be inflicted vpon the transgressors therin if any of the same be omitted or otherwise vsed then they ought to be Euery of which to set downe particularly or so much thereof as at this present are reputed in force would require a large discourse or whole Treatise by it self And the which I do the rather refraine to set downe expresse because it is doubtfull and disputable whether any branch or article in either of the foresaid statutes or any other statute doe repeale diminish or alter the force of any other former statute or braunch of statute And therefore consider of thrée seuerall branches of repeale in the before mentioned statutes of Anno 5. Ed. 6. 6. 8. El. 12. 43. El. 10. Et quaere 42 As the gouernors of this state haue bin prouident from time to time to preuent punish deceits and frauds when they were practised towards mens lands leases annuities rents debts or other goods cattels or rights so haue they taken care that mans health shal be preserued their bodies defended froÌ„ féeding vpon deceitful corrupt victuall haue ordained laws to punish those who in stéed of good deceiued men with bad corrupt vnwholsome vïands as it appeareth by the stat made An. 51. H. 3. An. 51. E. 1. wherby it is ordained That a butcher the selleth swines flesh measled St. 51. H. 3. 3 St. 51. Ed. 1. or flesh dead of the morion Deceit by selling of vnholesome victuals after that he shal be conuict therof for the first time shal be grieuously amerced the second time he shal
shall haue like Proces vpon the same as in cases of trespas at the common law Or may at his pleasure take his suite against any such offendors in any the premisses by Bill in the Kinges Bench or in the Exchequer In which sutes no Essoine Iniunction or Protection shall be allowed for the party Defendant Not twice impeached for one offence 6 If the Defendant shall be conuict for any of the offences aforesaid St. 5. Eli. 14. according to the order and forme aboue limited and shall haue receiued thereupon punishment corporall according to this Act then he shall not eftsoones be impeached for the same offence The plaintifs release shal only discharge his owne remedy 7 Although the partie or parties plaintife in any such Action St. 5. Eli. 14. or Bill to be sued as is aforesaid shall after verdict past against the Defendant or Defendants happen to release or discharge the iudgement or execution vpon the same or otherwise suffer the same to be discontinued yet neuerthelesse the same release discharge or discontinuance shall extend onely to discharge such costs and dammages as the same plaintife should haue had against the defendant And the Iudges before whom the said action or suite shall be taken shall and may prrcéede to iudgement of and vpon the residue of the said penalties and forfeitures and commaund execution vpon the same the saide release discontinuance or other discharge had made done or suffered by the partie plaintife in any wise notwithstanding 8 If any person or persons being hereafter conuicted St. 5. Eli. 14. or condemned of any of the offences aforesaid by any of the wayes or meanes aboue limited shall after any such his or their conuiction or condemnation eftsoones commit or perpetrate any of the said offences in forme aforesaide The punishment for the second offence Then euery such second offence or offences shall be adiudged felony and the parties being conuicted or attainted according to the lawes of this Realme shall suffer paines of death losse and forfeiture of their goods cattels lands and Tenements as in cases of felony by the common lawes of this Realme ought to be lost or forfeited The right of others saued without hauing any aduantage or benefit of Clergie or Sanctuarie Sauing to euery person and persons body politique and corporate their heires and successors other than the said offendors and such as claime to their vses all such rights titles interests possessions liberties of distresses leases rents reuersions offices and other profits and aduantages which they or any of them shall haue at the time of such conuiction or attainder of in or to any the lands tenements or hereditaments of any such person so as is aforesaid conuicted or attainted or at any time before in as large ample maner to all intents and purposes as if this Act had neuer bin made Prouided alwayes that any such conuiction or attainder of felony as is aforesaid No forfeiture of Dower or corruption of blood or any forfeiture by reason of the same shall not in any wise extend to take away the dower of the wife of any such person attainted nor to the corruption of blood or disherison of any the heire or heires of any such person or persons so attainted This Act or any thing therein contained or any other statute law or custome notwithstanding 9 All and euery Iustices of Oire and Determiner St. 5. Eli. 14 and Iustices of Assise Iustices of Oire and Determiner and Iustices of Assise in their circuits and euery of them shall haue full power and authoritie in euery of their open and generall Sessions to inquire heare and determine of all and euery of the offences aforesaid committed or done within the limits of their Commission and to make Processe for the execution of the same as they may do against any person beeing indicted before them of Trespasse or lawfully conuicted thereof Stat. 5. El. 14 10 If any person or persons whatsoeuer hath of his or their owne head Forging of deeds before the statute or by false conspiracie or fraud with any other wittingly subtilly and falsly forged or made or shall before the first day of Iune next comming forge and make any false déed charter or writing sealed or the will of any person in writing or any court roll to the intent that the estate of Freehold or inheritance or the right title or interest of inheritance or freehold of any persons of in or to any Mannors lands tenements or hereditaments being freehold or copihold Or that by any such forged déed charter court roll or writing before the said first day of Iune shall or may be molested troubled or defeated of any of the said estates of any lands tenements or hereditaments being fréehold or Copihold Or if any person or persons haue heretofore published or shewed foorth in euidence or before the said first day of Iune shall publish or shew in euidence for the proofe of any title any false and forged déed charter writing will or Court Roll as true knowing the same to be false and forged as aforesaid to the intent aboue remembred and shall be thereof attainted or conuicted according to the order of the law either in an Action of forger of false faits or in an Action vpon the case at the sute of the party grieued his heirs executors or assignes Then the party so conuicted shall yielde and pay dammages and costs of sute to the plaintife as shall be assessed according to the law of the Realme in any such like Action or sute and shall suffer imprisonment and pay fine and ransome at the pleasure of the Quéene her heires or Successors Pleading a forged deed made before the statute And if any person or persons shall after the said first day of Iune next comming pleade publish or shew foorth in euidence or otherwise for the proofe of any title any false and forged déed charter writing will or Court Roll heretofore falsly made and forged or to be falsly made and forged before the said first day of Iune as true knowing the same to be false and forged to the intent to haue or claime thereby any estate of inheritance fréehold or lease of yeares in or to any mannors lands tenements or hereditaments or any annuitie rent or profit foorth of any mannors lands tenements or hereditaments Or to the intent to alter defeate molest trouble charge or recouer the estate of inheritance fréehold or lease for years of any person in any mannors lands tenements rents or hereditaments Then euery person and persons that so shall offend and shall be thereof conuicted in forme first aboue remembred shall pay vnto the partie grieued double costs and dammages and shall haue imprisonment losse of Eares slitting and searing of Nose and forfeiture of lands in the same maner and forme as aboue is limited for any person that shall offend by forging or publishing of any
Iurors to enquire of riots rout or vnlawfull assembly shall be committed which shall be returned by the Sherife to enquire thereof shall haue lands and tenements within the same shire to the yearely value of xx s. of Charter land or freehold or twentie sixe shillings eight pence of copiehold or of both aboue all charges But in that case by the Statute of Anno 2. H 5. St. 2. H. 5. 8. if they be returned by the Coroners then euery of them shall haue lands and tenements or rents to the yearely value of tenne pounds at the least By the Statute of Anno 1. St. 1. R. 3. 4. R. 3. it was enacted That no officer shall returne in any panell to be taken or put in Iurors in the sherifs Turne or vpon any inquisition or inquirie before the Sherife in his Turne other than such which bee of good name and fame and which haue lands or tenements of freehold within the same countie to the yearly value of xx s̄ at the least or else copyhold lands to the yearely value of xxvj s̄ viij d. at the least aboue all charges By the Statute of An̄ 8. H. 6. Sta. 8. H. 6. 9 it was prouided That euery person which shall be returned to inquire of any forcible entrie into lands Iurors to inquire of forcible entrie or detayning of lands by force shall be a sufficient indifferent person and shall haue lands and tenements to the cléere yearely value of xl s̄ By the Statute of An̄ 1. H. 8. it was established Sta. 1. H. 8. 8. That euery Iuror which is returned before any escheator Iurors returned before Escheators or commissioner to inquire of lands or tenements or some other to his vse shall haue lands or tenements of the yearely value of xl s. aboue all charges in the same shire where the inquirie shall be made St. 11. H. 7. 21. 23. H. 8. 3. 37. H. 8. 5. And by the stat made An̄ 11. H. 7. An̄ 23. H. 8. An̄ 37. H. 8. The Iurors returned vpon an attaint in London or els where shal be of more or greater ability in lands tenements goods or cattels then is before specified 16 The law hauing first vsed al good deuises to cause shirifes vndershirifes Bailifes of liberties coroners al others authorized to return impannel Iuries to be indifferent to returne the said Iuries Iurors without al partiality that they shal be no furtherers maintainors nor assistors to periury subornation or embracery also hauing prouided that all those Iurors which be so returned vpon Enquests to try issues betwéen party party may again one by one be sifted tried examined whether they standing vnsworne be indifferent or not She doth then expect to receiue from those Iurors Veredictū a true tale that is to say a true verdit or presentment of such things as be giuen them in charge according to their euidence But if the same Iurors will decline from truth and make a false presentment contrarie to their euidence then is it not to be termed Veredictum but Periurium and it will be returned to them as Maledictum for by the common Law they being attainted by the verdict of xxiiij other Iurors shall receiue a cursed and villanous iudgement therefore viz. the said Iurors shall loose the fréedom of the Law their wiues children shall be thrust out of their houses Fit Ass 396. 46. Ed. 3. 23. 42. Ed. 3. 26 6. Assi◠p. 7. 30. Ass p. 24 40. Ass p. 20. 41. Ass p. 18. Li. Int. fo 92 The iudgement in an at the common law of a Iury proued periured their houses shall be pulled downe to the ground their orchards gardens shall be supplanted their trées shall be digged vp by the roots their meadowes shall be eyred vp All the goods cattels which they had at the time of the Attaint brought or at any time after shal be forfeited to the King The King shall haue all the profits of their lands during their liues And they shall be committed to perpetuall prison Which iudgement was deuised many yeres put in execution to the intent it might be knowen how much the common Law did detest and punish wilfull Periurie and falshood in those who shée trusted in place of justice and from whom shée accompted to receiue truth 17 But sithence by the Statute of An̄ 11. H. 7. and An̄ 23. H. 8. the said iudgement against a petit Iurie attainted is in some cases altered and qualified Sta. 11. H. 7. 21. for by the Statute of 11. H. 7. it is ordained That the party grieued by any false verdict giuen in any of the Courts of the Citie of London shall and may sue Attaint by Bill in the Hustings of London The iudgement in Attaint in London holden for common Pleas before the Maior Aldermen of the same Citie And if the graund Iurie sworne in the same Attaint find that the petit Iurie haue giuen an vntrue verdict then the iudgement shal be against the defendant as is vsed in attaint sued by writ at the common Law And the iudgement shall be against the petit Iurie that euery of them shall loose xx li. or more by the discretion of the Maior and Aldermen of the said Citie kéeping the Hustings to such vses as other issues and penalties béen forfeited in any action or plaint commenced before the Mayor and Aldermen of the said citie and his bodie to bee imprisoned there to remaine without baile or mainprise vj. moneths or lesse by the discretion of the Mayor and Aldermen and to be disabled for euer to be sworn in any Iurie before any temporall Iudge But the iudgement in such Attaint shall not extend to any lands or tenements St. 23. H. 8. 3 An. 13. El. 25. ne to other punishment of the petit Iurie And by the before mentioned Statute of Anno 23. H. 8. it was enacted That vpon euery vntrue verdit giuen betwéene partie and partie in any suit plaint or demaund before any Iustices or Iudges of Record where the thing in demaund and verdict thereupon giuen extendeth to the value of fourtie pounds An attaint where the thing eetendeth to xl l. and concerneth not the ieopardie of mans life the partie grieued by the same verdict shall haue a writ of Attaint against euery person so giuing an vntrue verdict and euery of them and against the partie which shall haue iudgement vpon the same verdict And euery one that shall passe in the same Attaint shall haue lands and tenements to the value of twentie markes by yeare of fréehold out of auncient demesne And if the graund Iurie find that the petit Iurie gaue an vntrue verdict then euery of the said petit Iurie shall forfeit twentie pounds whereof one halfe shall be to the King and the other halfe to him that sueth to be leuied by Capias ad satisfaciendum fieri facias
right to another and if any doe and bée attainted thereof the taker shall forfeit to the King so much of his lands and goods as doth amount to the value of the part that he hath purchased for such Maintenance and to obtaine that any person that will shall be receiued to sue for the king before those Iustices before whom the suit doth depend and the iudgement shal be giuen by them But it may not be vnderstood in this case Pleaders may giue counsell for their fées that a man may not haue counsell of pleaders and learned men for his fée nor of his next friends And after to the intent to impose a sharper punishment vpō such as should be offendors in Maintenance Champerty or the like by a statute made Ann̄ 33. E. 1. it was enacted St. 33. Ed. 1. That if any person do take vpō him for Maintenance Champerty or the like bargaine any manner of suit or plea against another The punishment of champertors is attainted of such assumption suit or bargaine or of consent thereunto he shal be thrée yeares imprisoned and further punished at the kings pleasure 8 And so it appeareth by the foresaid statutes that it is Champerty Fit Nat. Br. 171. 7. Ed. 3. 9. Fit champ 6. where a man by couenant or agréement made by writing or word What is chāperty what not doth bargaine to haue parcell of the land debt or other thing which is in suit if it be recouered to aid and maintain the party to that suit and in this case he that is the other party to that suit oppressed or grieued by this Maintenance may prosecute a writ of Champerty against the same offendor 9. H. 6. 64. or a writ of Maintenance at his choice for euery Champerty is Maintenance but euery Maintenance is not Champerty And in this case of Champerty he that selleth his land or demiseth his land for life or yeares or any part thereof during the time that the same land is in suit shall be punished according to the foresaid statute of 28. Ed. 1. as well as he that purchaseth the same land Fit champ 5. 30. Ass p. 5. 8. Ed. 4. 13. And the writ of Champerty may be brought against the buyer alone or against the seller alone And it is all one penalty where he selleth his land for mony or other consideration and where hée fréely doth giue his land for if it be giuen during the time that the land is in suit it is Champertie for the Law doth prohibite euery man to obtaine land when it is in suit But if a man purchase land after iudgement it is no Champertie for then there is no suit depending touching that land and if a man that is learned in the Law and doth giue counsell therein 13. H. 4. 19. doe take part of the land that was in variance of his client for his fées after the same is recorded this is no Champerty So that the bargaine be made after the recouery of the land and not depending the suit 47. E. 3. 9. 7. E. 4. 15. And if a man doe bring an action against another and do recouer the thing in question against the defendant yet the plaintife may haue an action of Maintenance against euery person that shall maintaine the defendant in that suit though he hath lost nothing by that Maintenance for that the same Statute of 28. Edw. 1. is a prohibition of Champertie And if a man doe bargaine for land before any suit is commenced for the same and after a suit is prosecuted against the tenant of the land for the same Fit champ 15. if the same tenant doe make a feoffement or other assurance to the purchasor according to his bargaine of the same land during the time of the same suit yet this is no Champertie For in this case the seller did not assure this land to the purchasor vpon couenant to haue Maintenance but to performe his former bargaine and the sale was before the suit though the performance thereof was after And if a man doe make a feoffement of land to others to his owne vse 8. E. 4. 13 during the time that a suit is depending for the same land this is no Champertie for the feoffement was not made to haue Maintenance in that suit but to haue the possession of the land to bée transferred to others and yet to the same vse it was before And a man may giue land to his sonne in Franke-marriage 6 E. 3. 33. or for the terme of his life during the time that a suit is depending against him of the same land and it is no Champertie for that the words of the statute of Anno 28. Edw. 1. be But it is not intended that a man shall not haue counsell of pleaders and of learned for his fée nor of his next friends and the father is bound to relieue and helpe his sonne as much as he may and it is no Maintenance nor Champertie in him to assure the land to his sonne nor in the sonne to take it 21. Ed. 3. 52. And in a writ of Champertie it is a good plea for the defendant to plead That he purchased the land of him who recouered it for his money and not for Champertie to maintaine the suit And if a man doe make a lease for the terme of life of land Fit champ 14. and after the tenant for life is impleaded for the same land and depending that plea the tenant for life doth surrender his estate for life to him in Reuersion this is no Champertie 6 Maintenance may also bée committed in other sorts then be aforesaid Maintenance by Embracery viz. by Embraceors St. 33. Ed. 1. and by Iuries By the Statute of Anno 33. Edw. 1. an Embraceor is described to be one that commeth to the barre with the party and speaketh in the matter and is there to suruey the Iurie And he is accounted an Embraceor Fit Nat. Br. 171. who will threaten the Iurie or any of them if they doe not giue their verdict by his direction and he also who is a procuror of a Iurie to appeare 13. H. 4. 19. that is commonly called a leader of Enquests And the punishment of Maintenance both in Embraceors and Iurors is assigned by the Statutes of Anno 34. Edw. 3. Anno 38. Edw. 3. whereby it is ordained St. 34. E. 3. 8. 38. Ed. 3. 12. That if any Iuror sworne in Assises Maintenance by Iurors or other Enquests to be taken betwéene the King and the party or betwéene party and party doe by himselfe or any other take any thing of the plaintife or defendant to giue his verdict and thereof is attainted at the suit of the party which will sue for himselfe or for the king or of any other person entring his plaint by Bill immediatly before the Iustices before whom the Iurie was sworne the
same in a writ of Maintenance brought against him but he cannot retaine or intreat a man learned in the law to be of counsell with the principall partie nor meddle further in that cause than to sée the mainprise performed and himselfe discharged Maintenance in respect of his interest in the land 24 Euerie person that hath any interest in land may meddle and maintain him who is impleaded for the same land and not bee punished therefore in a writ of Maintenance As if tenant for terme of life or in taile of land bée impleaded for the same land or any part thereof Bro. Maint 53. he in the reuersion or remainder thereof may at his owne charges maintaine him in that suit for the safegard of his owne estate for it is in a sort his owne case and the defence of it is to his owne benefit and the euiction to his owne disheritance But this maintenance must be after tenant for terme of life hath atturned vnto him in the reuersion for i◠he maintaine the suit before it is punishable in him 9. H. 6. 64. And so it is if a man being seised of land hath issue a daughter who is maried to another if the father in law be impleaded of that land in a reall action the sonne in law may maintaine him at his owne charges for that by possibilitie that land may after the decease of his father in law descend to his wife and so come to him in her right But if the daughter dye without issue of her bodie begotten by the said husband before the said suit commenced 14. H. 7. 2. 6. E. 4. 5. 19. E. 4. 3. then the sonne in law cannot maintaine the father in law in that suit Neither can hee maintaine him during the life of his wife if an action of Debt couenant account or any other personall action be brought against him for he is neither to take benefit or losse by any of those suits 6. E. 4. 2. 39. H. 6. 20. And if a man seised of land make a lease for certaine yeares of the same and after a suit is commenced betwéene the said lessée for yeares and a stranger touching the same land or any part thereof the lessor may giue euidence for the lessée vpon the triall of the cause in question or otherwise may maintaine him in that suit at his owne charges for it tendeth to his owne priuat benefit or losse And in some case a man may maintaine a suit lawfully though he be neither heire to the land nor in possession reuersion Maintenance in respect of his possibilitie or remainder thereof As if a man being seised of land 9. H. 6. 64. doe make a lease thereof to another for the terme of the life of the lessee and after doth grant to a straunger that if the said tenant for terme of life doe dye during the same lessors life that then the same stranger shall haue and enioy the same land for the terme of xx yeares after the death of the same tenant for life if in this case the tenant for life be impleaded for this land the same stranger may maintaine him for the sauing of his owne estate for yeares and yet he hath no certaintie but a possibilitie of a terme for yeares which peraduenture will neuer chance And likewise in some other case a man may maintaine a suit lawfully though he be neither in possession reuersion remainder or possibilitie of the thing in question Maintenance in respect of his warranty As if a man be seised of a rent going out of another persons land 11. H. 6. 49. to him and to his heires and by his déed doth graunt the same to another and to his heirs with clause of warrantie and the tenant of the land out of the which this rent is issuing doth atturne to the grauntée of this rent if after the grauntée be impleaded of this rent vpon tryall of the issue the grantor may come into the Court and shew to the Iurors such euidence as he hath to prooue the title of this rent and it is lawfull maintenance and not punishable in him though he was neither called into the Court by voucher to warrantie or by Warrantia Chartae And so might he haue done if he had beene called to warrantie by any of the meanes aforesaid vpon a warrantie made of land or rent for it is to preserue himselfe out of daunger and from recompencing in value of that whereof before he had made warrantie 25 As it is in lands and leases so is it in rents goods and debts Maintenance in respect of his rent for euerie person that hath interest in them may meddle and maintaine and defend him who is impleaded or prosecuted by suit or doth implead or prosecute by suit any other for any matter or cause concerning him or whereupon hee doth depend so that the same suit doth tend to impeach preiudice or trouble his estate therein or may redound to his benefit or profit or may be a meane thereof 9. H. 6. 64. As if a man haue a rent charge in fée out of certaine lands and another man hath in custodie a boxe of writings concerning the same rent and after hée that hath the rent doth graunt it to a stranger and his heires to the which graunt the tenant of the land charged doth atturne and moreouer the grantor of that rent charge doth graunt to the assignee of the same that if he can recouer the same boxe of writings that then the same assignee shall haue them If after this graunt the grauntor doth pursue a writ of Detinue against him that hath the custodie of this boxe of writings he to whom the same rēt charge was graunted may lawfully maintaine him in that suit for that by promise he is to haue the same boxe of writings if it be recouered for the preseruation of his estate in the said rent charge 11. H. 6. 47. And a Lord may maintaine his tenant if he be impleaded for his freehold A Lord may maintaine his tenant in respect of his rent and seruices that he is to receiue and haue of him And so it was before the Statute of Vses made anno 27. H. 8. if a man had made a feoffement of land to others to his owne vse the feoffor might maintaine the freehold tenant which held of his feoffees in respect of the vse which he hath in the rent and seruice of that tenant 15. H. 7. 2. 26 And the same law is touching debt As if A. do owe vnto B. xx l. and C. doe owe to A. xx l. due by Obligation Maintenance in respect of debt and A. will deliuer vnto B. the same Obligation in satisfaction of the xx l. which he doth owe him In this case B. may sue an Action of Debt vpon this Obligation against C. in the name of A. and retaine an Attourney and learned counsell and pursue and
maintaine the suit and so may A. for either of them hath interest in this debt and one of them may aid assist and maintaine the other to recouer his debt against C. in respect of their seuerall interests in the same debt But if in this case A. had promised to B. but part of this debt to haue prosecuted and maintained this suit then it had beene Champertie and vnlawfull maintenance in B. And the same law is 34. H. 6. 30. if one man be bound by Obligation to pay another man xx l. to the vse of a third man the Obligée and hee to whose vse the Obligation was made may both meddle in the suit of this Obligation 27 And so it is in goods for he that hath any propertie title Maintenance in respect of his title to goods or lawfull possession in goods 39. H. 6. 20. may maintaine a suit that is prosecuted against another touching the same goods As B. brought an action of Debt against A. in London and the Sherife returned that A. had nothing c. Wherupon at the plaintifes surmise certain goods of A. were attached in the hands of I. according to the custome of the said Citie and a Scire facias was awarded against the same I. to answer for those goods in which A. did maintaine the same I. in nominating vnto him a learned man in the law to whom by his aduice he went for his counsell and this was awarded maintenance iustifiable for that the propertie of the goods fo attached in the hands of I. were and did continue in the said A. Maintenance in detaing of a writing deliuered in trust So it is if one man doe deliuer a déed or other writing to another to be kept if a straunger will bring an action of Detinue against him to whom the same was deliuered the partie who deliuered that writing may lawfully maintaine him in that suit for the interest hee hath in the same writing And yet the recouerie of that writing would not haue bound him that did deliuer it but hée might haue had his action for the same against him that did recouer it Maintenance in respect of his ioynt interest with others 28 As euerie person may lawfully maintaine any suit that shall be prosecuted which concerneth his priuat and particular land lease rent debt or goods so may he maintaine a suit touching any land or other thing which hée hath ioyntly or in common with others 18. E. 4. 2. As the Parson of a Church brought an action of Trespasse against one of his Parishioners for digging of his ground and spoyling of his grasse Whereunto the defendant pleaded That the place where the Trespasse was supposed to be done is a Churchyard consecrate by the Bishop and that he and all those who are inhabitants in the same Parish haue vsed to haue their Sacraments and buriall for their dead there And that one of the inhabitants of the same Parish dyed and hee with others brought his bodie to the Church and after made a graue for him in the same Churchyard and there buried him which is the same digging whereof the plaintife hath conceiued his action Whereupon they were at issue In this case it was agreed by all the Iustices that euerie inhabitant of the same Parish may lawfully giue euidence and otherwise maintaine this issue though they be not parties thereunto for euerie of them hath the like interest in the Churchyard Maintenance by all the inhabitants of a parish as the partie to that suit And the same reason and law seemeth to be if there be a suit commenced betweene one or more inhabitants of a village Hamlet or Parish and some other person or persons for a common or way or for the digging of a pit of stone marle grauell morter sand c. vsed or claimed to belong or of right to bee due to the inhabitants of the same Village Hamlet or Parish after issue ioyned touching the right or title of the same common way or pit the residue of the inhabitants of the said Village Hamlet or Parish may aide and assist their neighbour or neighbours partie to that issue and it is lawfull maintenance for it tendeth to the benefit or preiudice of all the said inhabitants and is in a sort their owne case Maintenance of a poore man in his suit 29 In a Writ of Maintenance the plaintife supposed that the defendant did maintaine one A. in an action which the plaintife brought against the sayd A. Whereunto the defendant pleaded That the same A. was a poore man 32. H. 6. 35. 21. H. 6. 15. and had nothing to defend himselfe in the suit which the plaintif had commenced against him and that the defendant of his almes gaue him xx s. which is the same maintenance This was allowed a lawfull maintenance and iustifiable for any man to doe for whereas vnlawfull maintenance is in case when a man doth maintaine a suit to haue the whole or parcell of the land 9. H. 6. 64. or thing in question or to haue some other consideration to further or vphold that suit or where a man hauing nothing to do nor colour to meddle yet wil vndertake for euill will to maintaine that cause in question this giuing mony to a poore man to defend his right is not to either of the intents aforesaid but bestowed vpon a charitable disposition to search out truth and further the execution of iustice which appeareth by the stat of 11. H. 7. wherin the king and the whole parliament willing indifferent iustice to be ministred according to the common laws as wel to the poore as to the rich and perceiuing that the poore were not of abilitie to sue according to the law of the realme for the redresse of their iniuries and wrongs ordained that the king himselfe the L. Chancellor and some of each profession towards the law should in a sort aid and assist them the words of which stat be these St. 11. H. 7. 12 viz Euerie poore person which shall haue cause of action against any other shal haue by the discretion of the Chancellor Proces counsellors and Atturneyes assigned to aid the poore writs originall writs of Subpena according to the nature of his cause nothing paying to the K. for the seales of the same nor to any person for the writing of the same writs And the said Chancellor shall assigne such of the clerkes which shal vse the making and writing of the writs to write the same readie to be sealed and also learned Counsell Atturneyes for the same without taking any reward therefore And after the said writs be returned if it bee before the King in his Bench the Iustices there shal assigne to the same poore person counsel learned by their discretions which shall giue their counsell nothing taking for the same And likewise the Iustices shall appoint Atturneyes for the same poore person all other
dispose or otherwise imploy or suffer or cause to be paid disposed or imploied to any of the foresaid vses or to any of the like vses aboue the terme of 20. yeares next after the first making and beginning of any such vses shal be vtterly voide But for the preuenting of collusion and fraud which might bee deuised for the further establishing or corroboration of such vses by the said Statute of an 23. H. 8. Collaterall conueyaunces to defraud the assurance to Churches it was moreouer prouided That if any person or persons in defraud of the said Statute doth bind or ordaine any of their heirs or successors or any other persons that they shall suffer such vses intents or purposes to continue contrarie to the said statute vpon paine of losse of any other lands or of any other thing or doe deuise by any colour craft or meanes any thing to make such vses declared contrarie to the meaning of the said Act to continue for any longer time then is aboue limitted for the same Then euerie such penaltie craft colour and euery other thing that is made or deuised in defraud of the said act shal be voide for the said Statute shal be interpreted as beneficiallie as may be to the destruction or vtter auoyding of the vses aboue remembred and of all other like other then such as are before expressed Co. lib. 1. 26 Notwithstanding the foresaid Statute of An̄ 23. H. 8. To what vses lands may be giuen it is lawfull for any person at this day to giue his lands tenements or hereditaments to any person or persons to his or their heirs for to find a preacher for the maintenāce of a Schoole for the reliefe of maihemed souldiers for the sustentation of poore people for the reparation of churches highwayes bridges cawseis for the discharge of the poore inhabitants of a towne of cōmon charges for to make a stock for poore labourers in husbandrie poore apprentices for the mariage of poore maids or for such other charitable vses for the said stat was made onely to restraine the assuring of lands to superstitious vses and not to charitable vses And in this case it shal be expedient that the feoffor which doth assure his land to any of the vses aforesaid doe reserue to himselfe some annuall rent or take some money of the feoffées at the first for then the feoffement or assurance shal be good to the feoffées and their heires though the vse be vnlawfull And it appeareth by the stat made an 43. Stat. 43. El. 4. El. that they be accounted good and charitable vses no superstitious vses to giue lands tenements rents annuities profits hereditaments goods chattels money and stocks of money for the reliefe of aged impotent and poore people or for the maintenance of sicke and maihemed souldiers mariners schooles of learning frée schooles schollers in Vniuersities or for repaire of bridges ports hauens cawseys churches sea-bāks high waies or for education or preferment of orphans or for or toward reliefe stocke or maintenance for houses of correction or for mariage of poore maids or for supportation helpe ayd of yong trades-men handicrafts-men and persons decaied or for reliefe or redemption of prisoners or captiues or for aid or ease of any poore inhabitants concerning paiment of fifteens setting out of souldiers and other taxes For the said Stat. of 43. El. doth giue authoritie to the L. Chauncelor the L. Kéeper c. to the Chauncelor of the Duchie to award commissions from time to time into all or any parts of this Realme to certaine persons to enquire of al singular such gifts assignments appointments and of the abuses breaches of the truce negligences misimployments not imploying concealing defrauding misconuerting or misgouernment of any lands tenements rents c. goods chattels money c. heretofore giuen or assigned or which hereafter shal be giuen limited or assigned to or for any the charitable or godly vses before rehearsed And after such enquiry hearing and examining thereof to set downe such orders iudgements and decrées as the same lands tenements rents goods money c. may be duly and faithfully imployed to and for such of the charitable vses and intents aforesaid respectiuely for which they were giuen or appointed by the donors and founders thereof 26 Because when tenants for terme of life tenants in dower or by the curtesie of England or tenants after possibilitie of issue extinct were impleaded they would often be of couin with the demandants that the tenemēts demanded should be recouered against them they would not pray in ayde nor vouch to warrantie them in the reuersiō but plead in chiefe such a plea wherby they knew the tenements should be lost for the preuention and eschewing of which couin St. 13. R. 2. 16. by a stat made an 13. R. 2. it was ordained That if any such tenant be impleaded and he in the reuersion come into the Court and prayeth to be receiued to defend his right at the day that the tenant doth plead to the action or before he shal be receiued to plead in chiefe to the action without taking delay by voucher ayd-prayer nonage or other delay whatsoeuer Couin by a particular tenant to defraud him in the reuersion so that after such receipt he shal haue no delay by protection essoine of the Kings seruice or common Essoine but the sute shal be hastened as much as it may be by the lawe And dayes of grace shal be giuen by discretion of the Iudges betwixt the demaundant and him which is receiued and not the common daies giuen in pleas of land except the demaundant will thereunto assent to the intent the demaundant shal not be too much delaied which must plead with two aduersaries And he in the Reuersion which praieth to be receiued shall finde sureties for the issues of the Land aswel where the receite is counter-pleaded as where it is grauted Stat. West 2. 13. Ed. 1. 3 And by the Statute of Westminster 2 it was established That if by default or yeelding of such tenant in dower or c. iudgement shal be giuen then the heyres or they which haue the reuersion shal recouer after the death of such tenants by a writ of Entrie ad communem legem The wiues receit vpon the husbands default And by the same Statute of Westminster 2. it is also ordained That if in an Action brought against the husband and the wife of lands which bee the right of the wife the husband will absent himselfe and will not defend his wiues right or will against his wiues consent yeeld the land If the wife wil come before iudgement and be ready to answere to the demaundant and to defend her right she shal be thereunto admitted And for the further auoiding of Couin in Recoueries suffred by particular tenants by the Statute of Anno 14. Eliz. it was enacted Stat. 14. El. 8.
contrary héereof notwithstanding St. 27. El. 4. If any person or persons haue heretofore sithence the beginning of the Q. raigne that now is made or hereafter shall make any conueiance gift grant Conueiances with condition of reuocation or alteration demise charge limitation of vse or vses or assurance of in or out of any lands tenements or hereditaments with any clause prouision article or condition of reuocation determination or alteration at his or their will or pleasure of such conueiance assurance grants limitations of vses or estates of in or out of the said lands tenements or hereditaments or of in or out of any part of parcell of them contained or mentioned in any writing déede or indenture of such assurance conueiance grant or gift and after such conueiance grant gift demise charge limitation of vses or assurance so made or had shal or doe bargaine sell demise grant conuey or charge the same lands tenements or hereditaments or any parcel thereof to any person or persons bodies politike or corporate for money or other good consideration paid or giuen the said first conueiance assurance gift grant demise charge or limitation not by him or them reuoked made voyde or altered according to the power and authoritie reserued or expressed vnto him or them in and by the said secret conueiance assurance gift or grant Then the said former conueiance assurance gift demise and grant as touching the said lands tenements and hereditaments so after bargained sold conueied demised or charged against the said bargainées vendées lessées grauntées and euery of them their heirs successors executors administrators and assignes and against all and euery person and persons which haue shall or may lawfully claime any thing by from vnder them or any of them shall be déemed taken and adiudged to be voide frustrate and of none effect by vertue and force of this present Act. St. 27. El. 4. Prouided neuerthelesse that no lawfull morgage made or to be made Bona fide and without fraud or couin vpon good consideration Morgages shall be impeached or impaired by force of this Act but shall stand in the like force and effect as the same should haue done if this act had neuer béene had or made Anie thing c. This Act nor any thing therin contained St. 27. Eli. 4. shall extend or be construed to make good any purchase Assurances of lands defeated before the Statute grant lease charge or profit of in or out of any lāds tenements or hereditaments héeretofore made void defeated or vndone by reason or any former conueiance graunt or assurance so as the partie or parties or their heirs or assignes which haue so defeated or made void the same were in actuall possession the first day of this present Parliament of or in the said lands The authority of the court of Starre-chamber tenements or hereditaments whereof or out of which any such purchase graunt lease charge or profite was made Neither this Act nor any thing therein contained shall extend in any sort to restraine or impaire the iurisdiction power or authoritie of the Court of Starrechamber A purchasor doth know before of a fraudulent déede 32 If a man seised of land in fée Co. li. 5. 60. do make a fraudulent conueiance thereof to the intent to deceiue and defraud purchasors contrary to the said Statute of Anno 27. Eliz. and doth continue in possession of it and taketh the profite of it and doth after enter into communication with a stranger for the sale of it to him and by chaunce the same stranger hath knowledge of the same fraudulent assurance and notwithstanding he doth bargaine with the same party for his land doth conclude with him and taketh his assurance from him in this case the same purchaser shal auoide this former fraudulent cōueiance made by the seller of this land though hée had notice thereof before for the said Act of Anno 27. Elizab. by expresse words doth make the fraudulent conueiance voide touching the purchasor and séeing it is within the expresse puruiew of the same Statute it is to be so taken and construed in repressing of fraud and it is not the purchasors knowledge thereof that doth make the fraudulent conueiance good which the said statute hath made voide The father maketh a fraudulent lease and the sonne selleth the land 33 If the father doe make a lease for yeares of his land by couin Co. li. 6. 72. to defraud others to whom he will demise or sell the same land as all fraudulent leases shall be intended to be made to that end and before he doth sell or demise the same land he dieth and his sonne and next heire knowing or not knowing of the said lease doth sell the same land for good consideration Then the purchasor shall auoide this lease by force of the foresaide Statute of Anno 27. Elizab. for séeing the Lawe doth presume that euery fraudulent lease is made generally to defeate purchasors lessées c. within this generality euerie particular purchasor farmor lessée c. is included And it is not materiall though he who sold the land did not make the former fraudulent lease estate or incombrance but if the estate be fraudulent the purchasor shall auoide it whosoeuer selleth the land A womans iointure made by fraud 34 And the same Lawe is if a man doe conuey land to the vse of his wife Co. li. 6. 73 for her iointure by deceit and couin to defraud a purchasor to whom he intendeth to sell the same land in this case if the same fraud be prooued by euidence or confessed by pleading the purchasor shall auoide the said wiues estate Fraudulent déeds to defeat successors of disapidations 35 Because diuers Ecclesiasticall persons being possessed of mansion houses and other buildings belonging to their Ecclesiasticall Benefices or liuings did suffer the same for want of due reparations partly to decay and partly to fall downe conuerting the timber lead and stone to their owne vses and also made déedes of gift and colourable alienations and other conueiances of like effect of their good and cattels in their life time of purpose after their deaths to defraud their successours of such iust Actions and remedies as otherwise they might and should haue had against the executours or administratours of their goodes by the Lawes Ecclesiasticall of this Realme for the redresse whereof by a Statute made Anno 13. Elizab. it was enacted St. 13. El. 10 St. 1. Iac. 25 That if any Archbishop Bishop Deane Archdeacon Fraudulent déedes to defeate successors of dilapidations Prouost Treasurer Chancellor Chaunter Prebendarie or any other hauing any dignitie or office in any Cathedrall or Collegiat Church within this Realme or any Parson Vicar or other Incumbent of any Ecclesiasticall liuing whereunto doe belong any houses or buildings which by lawe or custome hée is bound to maintaine in reparation doe suffer any
yeare vnder their couent seales within one yeare next before the making of the said act should be vtterly void St. 31. H. 8. 13 And by a like statute made Anno 31. H. 8. it was ordayned That all leases of lands tenements or other hereditaments not vsually let leases of lands c. in reuersion leases of lands c. not reseruing the old and accustomed rent sales of wood assurances of lands of the kings gift or auncient foundation without the kings licence made by any abbots or gouernours of any Monasteries or other religious houses which were before the making of the said act dissolued within one yeare before the comming to the K. hands of the same Monasteries religious houses c. or which after that should bee dissolued or come to the kings hands should be vtterly void for the same leases sales of wood and assurances were intended to be made by fraud to deceiue the king of certaine commodities which the makers of that statute did meane and intend to giue him 40 Where maidens and women children of noblemen gentlemen and others as well such as were heires apparant to their auncestors as others hauing left vnto thē by their father or other auncestor friends lands tenemēts hereditaments or other great substance in goods cattels moueable for and to the intent to aduaunce them in marriage somewhat like according to their degrées and as might be most for their surety comfort as wel for themselues as of all other their friends kinsfolks were ofttimes vnawares to their said friends or kinsfolkes by flattery trifling gifts faire promises and other such deceitfull fraudulent practises of many vnthrifty light persons therunto by the intreaty of lewd persons others that for rewards bought and sold the said children secretly allured and woon to contract matrimonie with the said vnthrifty light persons and thereupon either with sleight or force oft times were taken conueyed away from their said parents friends or kinsfolkes to the displeasure of God disparagement of the said children continuall heauinesse of all their friends For the redresse and preuention wherof by a statute made Anno 4. St. 4. 5. P. M. 8. 5. P. M. it was enacted Deceitfull conueying a maid inheritable vnder xvj yeares of age That it shall not be lawfull to any person or persons to take or conuey away or cause to be taken or conueyed away any maid or woman child vnmaried being within the age of xvj yeares out of or from the possession custodie or gouernance and against the will of the father of such maid or woman child or of such person or persons to whom the father of such maid or woman child by his last Will or by any other act in his life time shall assigne bequeath giue or graunt the order kéeping education or gouernance of such maid or woman child except such taking conueying away as shal be had made or done by or for such persō or persons as without fraud or couin then shal be the master or mistresse or the gardian in socage or gardian in chiualry of or to such maid or woman child St. 4. 5. P. M. 8. If any person or persons aboue the age of xiiij yeares shal vnlawfully take or conuey The forf for taking away a maid vnder 16 yeares of age or cause to be taken or conueied any maid or woman child vnmaried being within the age of xvj yeares out of or from the possession against the will of the father or mother of such child or out of or from the possession of such person or persons as then shall haue by any lawfull wayes or meanes the order kéeping or education or gouernance of any such maid or woman child then euery such person persons so offending being thereof lawfully attainted or conuicted by the due course of the law of this realme other then such of whō such person taken away shall hold any lands or tenements by knights seruice shal be 2. yéeres imprisoned of his or their bodies without baile or mainprise or els shall pay such fine for his or their said offence to the Q. and party grieued as shal be assessed by the Q. counsell in the starre chamber at Westminster If any such person or persons shall so take away St. 4 5. P. M. 8. or cause to be taken away as is aforesaid Taking away deflouring or cōtracting matrimony with a woman c. and defloure any such maid or woman child as is aforesaid Or shall against the will or vnknowing of or to the father of such maid or woman child if the father be in life or of or to the mother of such maid or woman child hauing the custody gouernance of such child if the father be dead by secret letters messages or otherwise contract matrimony with any such maiden or woman child except such contracts of matrimony as shal be made by the cōsent of such person or persons as by the title of wardship shall then haue or be intituled to haue the mariage of such maid or woman child then euery such person or persons so offending being thereof lawfully conuicted as is aforesaid shall suffer imprisonment of his or their bodies by the space of fiue yeares without baile or maineprise or els shall pay such fine for his or their offence to the Quéene and party grieued as shal be assessed by the Quéenes Counsell in the Starre-Chamber The Quéenes Counsell of the Starre-chamber by bill of complaint or information Who may hear and determine these offences and Iustices of Assise by inquisition or indictment St. 4 5. P. M. 8. haue authority to heare and determine the said offences vpon euery which indictments and inquisitions such processe shall be awarded as vpon an indictment of Trespas at the common law If any woman child or maiden being aboue the age of xij St. 4 5. P. M. 8. yeres and vnder xvj A woman consenting to an vnlawfull contract doe at any time cōsent to such person that so shall make any contract of matrimonie contrary to the forme and effect of this statute then the next of her kinne to whom the inheritance should returne or come after her decease shall from the time of such assent haue and enioy all such lands tenements and hereditamēts as she had in possession reuersion or remainder at the time of such assent during the life of such person that so shall contract matrimony and after the decease of such person so cōtracting matrimony thē the said lands shall discend reuert remaine and come to such person or persons as they should haue done in case this act had neuer béen made other then to him onely that so shall contract matrimony But this act shall not extend to take away or diminish any liberty custome St. 4 5. P. M. 8. or authority cōcerning any
nothing for that they be discharged of their charge and seruices which they did hold by which was as much as they receiued of the tenant perauaile And if they held of the King by lesse rent than their tenant perauaile held of them they shall haue the surplusage of that which was holden of them of the king by the way of petition Fitz. Assise 124. Fitz. Petition 19. And if the king doe not kéepe the land so escheated vnto him in his hands but will assure it to another hée must reuiue the tenure in the Mesne Lord to hold of them of whom it was holden before the attainder It appeareth by the statute of Praerogatiua Regis cap. 12. That the Kings and whole Court of Parliaments meaning was at that time when it was published and established by Parliament which were the Prerogatiues royall annexed to the Crowne of England by the common law That of such lands as did escheat to the King the seruice of the Lord of the fée should be reserued for the words of the Statute bee these viz. St. 17. Ed. 2. 12. The King shall haue escheat of the lands of Normans to whose sée soeuer they belong Sauing the seruice appertayning to the chiefe Lordes of the same Fée And King Henrie the third gaue the Escheates of Normans landes to bee holden of the chiefe Lordes of the Fee by Seruices and Customs due and accustomed thereunto Some of which Normans dwelling in Normandie at that time had lands in England and were subiects to the King of England and did forsake their obedience to the King of England and became subiects to the K. of Fraunce the King of Englands enemie and therby did forfeit those lands which they had in England by the common law and they did escheat to the king 48 In Petit Treason Who shal haue the forf in petit treason and felony and Felony the king shal not haue the escheat of the offendors land vnlesse it be holden immediatly of him but the king shal haue the profits of the said offendors land by the space of a yeare and a day and the land shall be wasted and destroyed in the houses woods and gardeins and in all things belonging to the same and then it shall bee deliuered to the chiefe Lord of the fée of whom the same land is immediatly holden And yet in some cases the King shall haue the forfeiture of the land of him which doth commit Petit Treason or Felonie though the land be holden of others and not of him St. 17. E. 2. 14. as it appeareth by the Statute of Praerogatiua Regis which hath ordained That the king shall haue the escheates of lands of Archbishops and Bishops fréeholders when such tenants be attainted of Felony committed in time of vacation whilest their temporalties were in the Kings hands to bestow in what sort it shall please him Sauing to such Prelats the seruice that to them is due and accustomed And therefore sauing in the cases aforesaid the mesne Lords of whom the lands be immediatly holden shall haue their escheats of their fréeholders lands that haue committed Petit Treason or Felonie which land after the King hath hath had the yere day and wast thereof they must haue deliuered vnto them out of the kings hands by suing out of a writ S. Br. 39. 49 If any stranger The Lords remedy for lands escheated vnto him or other sauing the King doth intrude into that land whereof the felon attainted was seised at the time of the felony committed the immediat Lord of the fée of whom the same land is holden may enter vpon him and put him out or else he may haue his writ of Escheat against him In the which writ he must rehearse the iudgement giuen against the person attainted viz. if he were attainted by outlawrie to alledge Eo quod praedictus A. feloniam fecit pro qua vtlagatus fuit and if he were attainted by abiuration to say Pro qua regnum nostrum abiurauit and if he were attainted by confession or verdict to say Pro qua suspensus fuit and if hee doe alledge one of those iudgements Fitz. Escheat 14. Fitz. Escheat 8. Fitz. Escheat 6. in the stead of another his writ shall abate And yet he néed not rehearse the manner of the felonie in his writ nor in his count but generally that he committed felonie And though there be error in the iudgement yet the Lord shall haue a writ of Escheat and the tenant shall not falsifie the iudgement by the errour 46. E. 3. 4. 50 Island escheat to the auncestor The heirs remedie for land escheated to his auncestor because his tenant was attainted of felonie and the auncestor dyeth before he doth bring his writ of Escheat or doth enter In this case the heire may haue a writ of Escheat and suppose that the partie attainted did hold of his auncestor Fitz. Escheat 17. 51 If a lease of land be made for the terme of life reseruing to the lessor a rent and the lessor payeth his seruices to the chiefe Lord and then the lessor is attainted of felonie Where the Lord shall haue his writ of Escheat and where he may enter and after the tenant for terme of life dyeth In this case the Lord paramount may haue a writ of escheat of the land for the rent which was reserued vpon the lease doth come in stead of the land and so in the consturction of law he died seised of the land But if no rent had béen reserued the Lord might haue entred into the land as escheated vnto him 6. H. 7. 9. but could not haue recouered it by a writ of Escheat no more than if his tenant being disseised had bin attainted of felony in which case his only remedy is to enter The forme of a 〈◊〉 of Escheat 52 This is the forme of the writ of Escheat Rex vicecomiti B. salutem Praecipe A. quod iuste sine dilatione reddat B. decem acras terrae cum pertinentijs in N. quas C de eò tenuit quae ad ipsum B. reuerti debent tanquam Escaeta sua eò quod praedict ' C. feloniam fecit pro qua suspensus fuit vt dicitur Vel pro qua vtlagatus fuit vt dicitur vel pro qua regnum abiurauit vt dicitur Et nisi c. And though the indictment was executed in other maner than is rehearsed in the writ yet the writ shall not abate Register fo 165. as if he were Decapitatus non suspensus for the execution of the iudgement is not material so that he had such a iudgement for the action is true though the writ be not true The K. remedie for land escheated to him 53 In all cases of felony if the king ought to haue the escheat he must haue an office found for him before he can enter for vntill the office found the king hath but a
Maintenance in respect of neighbourhood 35 In what cases the master may maintaine his seruant In what cases the seruant may maintaine his master Deceit Couin Collusion Fraud Fol. 67. 1 The multitude and enormities of deceits and frauds 2 The reward for paines and punishment for deceits of officers towards the Law A Iudge A Clerke A Serieant A Pleader A Philozer An Exigenter No office of Iustice shall be sold or bought No man shal be Iustice of Assise in his owne County 3 Who shal be Atturneyes Sollicitors The penalty for following a suit in anothers name What acts done by Atturneyes in seuerall cases shall bee adiudged deceit 4 The Law reiecteth deceitfull and fraudulent acts A fine leuied of land to defraud the right owner thereof shall bee void 5 A fine leuied of auncient demesne land to defraud the Lord of his Seigniorie is voidable 6 How a recouery of land by deceit shal be auoided 7 A Scire facias vpon a recouery by deceit auoided A recouery of debt by deceit auoided A iudgement to auoid the meaning of a Statute The executors shall haue remedy for a deceitfull recouery against the Testator 8 Deceit vpon a recouery in a Quare impedit Deceit vpon a recouery in wast 9 Deceit vpon a recouery in a Praecipe in capite 10 Where a good Title shal be impaired by a couenous recouery thereof 11 A Warranty deuised by deceit 12 Deceit by getting of a Protection 13 Deceit by purchasing of a writ to charge another 14 Deceit by purchasing of a writ in anothers name Deceit for procuring one to sue another 15 Deceit by acknowledging of a statute in anothers name Deceit by doing of a iudiciall act in anothers name 16 Deceit by forging of a resignation of a Benefice 17 Deceit by conueying of land to one man which before was bargained to another 18 Deceit by not performing of his Warranty 19 Deceit by confession of an action wherein hee hath no interest 20 Deceit by the aliening of the goods of his wife from whom hee meaneth to be diuorced 21 Sale of goods in open Market by deceit and couin 22 A fraudulent assurance to defeat the discontinuee in tayle of his plea of Assets per Discent 23 Fraudulēt assurance to defeat a Lord of his Ward Marriage c. 24 He that is not partie to a fraud shall sustaine no losse by it 25 Deceit collusion to bring land into mortmaine Lands assured in mortmaine to Churches Chappels c. Collaterall assurances to defraud c. Which be charitable and lawfull vses 26 Couin by a particular Tenant to deceiue him in the reuersion 27 Couin by him in the reuersion to deceiue the lessee for yeares Couin to auoid a Statute or Recognizance 28 Fraudulent deeds to auoid other mens duties c. The forfeiture of parties to fraudulent deeds who doe iustifie the same Common recoueries Voucher in Formedon Estates made vpon good consideration and bonafide 29 Fraudulent deedes to auoid forfeitures shal be void 30 A deed without fraud must be made vpon good consideration and bonafide Infallible marks of a fraudulent deed of gift How a deed of gift may be made without fraud 31 Fraudulent assurances to deceiue purchasors The forfeiture of parties to fraudulent conueyances which do iustifie the same Conueiances made vpon good considerations and bona fide Conueiances with condition of reuocation or alteration Morgages 32 A purchasor doth know before of a fraudulent deed 33 The father maketh a fraudulent lease and the sonne selleth the land 34 A womans iointure made by fraud 35 Fraudulent deeds to auoid successors of dilapidations 36 An action popular sued by collusion and fraud 37 Fraudulent possessing of Bankrupts Lands Goods or Debts 38 Fraudulent administration of intestate goods 39 Fraudulent conueyances of Abbey lands 40 Seuerall deceits and frauds in marchandizes and men of trade 41 Deceit by selling of vnholesome victuall Extortion Exaction Fol. 82. 1 What is Extortion What is Exaction 2 Exaction by taking of reward for a report 3 Extortion in the Shirife Coroner or other officers 4 Extortion in a Serieant Crier or Marshall of a Iudge 5 Extortion in a Coroner 6 Extortion in a Sherife vnder-Sherife or Baylife for making of arrests c. 7 Extortion in a Sherife for sparing to returne a Iuror 8 Extortion in a Sherife for the seruing of an Execution 9 Extortion in the Chirographer of the common place 10 Extortion in the kings auditors or their Clerkes 11 Extortion in the Kings Receiuers Extortion in them who do pay fees or pensions 12 Extortion in officers of the Exchequer 13 Extortion in a Clerke of the Signet or priuy Seale 14 Extortion by officers of the faculties 15 Extortion by Gouernours vpon such as be made prentices or freemen 16 Extortion by the officers of the Court of Wards 17 Extortion in taking of Obligations for the payment of first fruits 18 Extortion by Escheators 19 Exaction by the Admirall c. vpon them who trauaile for Fish 20 Extortion by the marshall of the kings house Extortion by a seruitor of bills in the marshals Court. 21 Exaction by Muster-masters to spare the taking of souldiers Exaction by captaines of their souldiers 22 Extortion by taking of Scauage of Marchants 23 Extortion by the Clerke of the Statutes or c. 24 A preuention of extortion by atturneyes in taking of excessiue fees An atturney delaying of a suit or demaunding more then is due 25 A preuention of Extortion in stewards of Courts 26 Extortion in gaugers searchers and packers of fish Extortion in Ordinaries and their Officers for probat of Testaments Administrations c. 28 Extortion in an Ordinarie for the seale of a Citation 29 Extortion in Parsons Vicars c. for Mortuaries 30 Exaction for presenting or collating to a benefice 31 Exaction for admitting to a benefice 32 Exaction for resigning or exchanging of a benefice 33 Exaction for making of ministers or giuing licence to preach 34 Exaction for a voice in electing of a fellow or scholler into a Colledge or c. 35 Exaction by taking money to resigne a place in a Colledge c. 36 Exaction by gathering money which should discharge the fifteene of a Towne 37 Extortion by taking of an amerciament in a Court Baron 38 It is no Extortion to take lawfull fees Taking of barre fees of a prisoner discharged Taking of gloues of an offendor pardoned 39 Extortion by taking of fees of him who doth appeare gratis Oppression Fol. 91. 1 What Oppression is Oppression by disseisins Of what things one may bee disseised 2 Oppression by approuement of common Oppression by surcharge of common 3 Oppression by distresses Powndage money Distraining out of his fee. Excessiue distresse Seuerall distresses for one thing Distresse for damage fesant 4 Oppression by trespasses 5 Oppression by Nusances 6 Oppression by Rescous 7 Oppression by encroachments 8 Oppression by excessiue amerciaments 9 Oppression by committing of wast Wast in land Wast
VIRTVTE DOCTRINA PARIT DE PACE REGIS ET REGNI viz. A Treatise declaring which be the great and generall Offences of the Realme and the chiefe impediments of the peace of the King and the Kingdome as Menaces Assaults Batteries Treasons Homicides and Felonies Ryots Routs Vnlawfull assemblies Forcible entries Forgeries Periuries Maintenance Deceit Extortion Oppression And how many and what sorts of them there be and by whome and what means the sayd Offences and the Offendors therein are to bee restrained repressed or punished Which being reformed or duly checked Florebit pax Regis Regni Collected out of the Reports of the Common Lawes of this Realme and of the Statutes in force and out of the painfull workes of the Reuerend Iudges Sir Anthonie Fitzharbert Sir Robert Brooke Sir William Stanford Sir Iames Dyer Sir Edward Coke Knights and other learned Writers of our Lawes By FERDINANDO PVLRON of Lincolnes Inne Esquier LONDON Printed for the Companie of Stationers An. Dom. 1609. Cum Priuilegio The Preface to the Reader SEeing wee all haue receiued and allow it for truth That the ignorance of the Law doth excuse none of offence and also That the Law doth helpe the watchfull and not the slothfull man therefore it behoueth each person first to seeke the knowledge of those Lawes vnder which he doth liue and whereby he is to receiue benefit or to sustaine perill and next with al industry to frame his obedience vnto them or humbly to submit himselfe to the censure of them And though wee find by experience that some men by the sluggishnesse of their natures others by the carelesnesse of their owne welfares and a third sort wholly giuen ouer to pleasures and vanities do little respect to know and lesse to obey our criminall capitall Laws being things of great moment and importance and therfore doe ofttimes tast the smart of them and repent their follies when it is too late Notwithstanding for that there be many others which do endeuour to read them and imploy their industrie to conceiue them some for the increase of their knowledge others in their actions to be directed by them and many for the eschewing of the penalties of them yet do not wholly addict themselues to the studie of the Law therefore as neere as I can to satisfie the desires and to giue contentment to al the persons aforesaid I haue done my endeuor in this Treatise to lay open to all them that are willing to read and thereby to know which be the offences that the Law doth in generall tearmes condemne and do most tend to the breach or blemish of the peace of the Realme and to the dislike of all the good members thereof and what punishments she hath imposed vpon the transgressors therein and by whom in what maner to be inflicted If one man do pretend title vnto sue to recouer any land lease or goods of anothers all strangers stand indifferent and meddle no further but onely wish well to him that hath the best title desire that iustice may be done and right may preuaile but if a Treason Murder Burglarie Robberie Theft notorious Riot Forgerie Periurie Extortion or Oppression be committed then each man in conceit maketh it his owne case doth in a sort take it to bee done to himselfe and all persons generally do find fault with the transgressors therein they exclaime of them condemne thē in their hearts cry Crucifige vpon them And therefore the crimes aforesaid such like may bee tearmed generall offences partly for that they do redownd to the generall dislike of all the good members of the realm and partly for that they tend to the breach or blemish of the peace being a thing generally imbraced or wished for which the king all his good subiects are bound and in a sort haue vndertaken to maintaine and therefore as the king hath an interest in them or iurisdiction ouer them all to punish the offendors in them as transgressors of his lawes and disquieters of his peace and people so hath euery other well gouerned member of the Commonweale a care and regard of them foreseeing that he may receiue the like wrong and tast the same abuse by the said or other such malefactors meanes and for that cause doth proclaime open warre against them and is as desirous to root them out as the husbandman his thistles out of his good corne or the gardner his nettles from his sweet flowers Wherefore seeing a guiltie person in any of the crimes aforesaid is persecuted in deed or consent by all wishing well to the Weale-publique or their owne priuat estates it is requisit that good men which eschew to offend for the loue of vertue and euill men which feare to offend for the dread of punishment should both know those lawes which they are to make vse of and the penalties which be threatned to the infringers thereof to the intent that the good man hauing a will to stand may trust to his feet remaine firme and continue his integritie and the euill minded man beginning to stagger may bend his endeuour to stay and slide no further All which by this worke good Reader I labour to performe to the intent that the well meaning man being made the better and he that before was lewdly disposed the lesse hurtfull may both at the last meet and ioyne in seeking and furtherance of that peace which will be comfortable to the King and Realme and pleasing both to God and man The question may be asked me Wherefore I intitle my Booke De pace Regis Regni and yet do chiefly make mention therein of those crimes which doe most disturbe the peace of the King and the kingdome and so make the Booke and the title as it were oppositum in subiecto Whereunto I answer That the peace whereof I do write is not obtained by the said offences committed but by the lawes that do punish or restraine them which lawes also I haue set downe at large in this Treatise being the principall marke that I desire the Reader to behold As many Physitians haue written large volumes of seuerall infirmities in mans bodie and then expressed which bee the Medicines to cure them not to the intent to allure the Reader to seeke the disease but how to preuent it before he hath it or how to be rid of it when he hath taken it And seuerall Diuines haue composed whole Tomes of Pride Malice Couetousnesse and such like offences not to the intent to intice the fraile man to fall into them but to shew the enormities of them how grieuous they bee in Gods sight and how hee hath threatned deepely to plague the offendors therein to the end they might dehort and discourage transgressors from them and might allure and winne them to humilitie forgiuenesse patience charitie repentance and other vertues And so I name my Booke of the quiet euent and not of the persecuting cause of
of him that was first menaced then assaulted Menacing beginneth the quarrell assaulting doth increase it battery accōplisheth it menacing laieth togither fire coales in the house of peace assault bloweth it maketh it burn And battery doth endeuor to consume the whole building to the ground And therfore because some sorts of menacing assaulting battery be professed enemies to the peace wherof I do write I will endeuor plainly to expres which be those menaces c. that the law doth inhibit in what sort by what means she doth restrain punish the offēdors therein 3 The law hath alwayes had that speciall regard to the preseruation of the peace of the Realme and of euerie member thereof that she could not endure neither would suffer one person so much as to menace or threaten another of life or member or of any thing tending to the breach of the peace And therfore she hath not only assigned in all countries places of this realm Sherifes Iustices of peace Constables Thirdboroughs and diuers other officers to be as watchmen continually attending bending their cares industries to preserue the peace and to defend each person from the violent sting of menace assault or batterie but also she hath giuen and prouided for him who is only menaced 40. E. 3. 40. an action of Trespas as she hath done for him who is assaulted or beaten wherby he shall recouer his damages so that the same menacing do tend to the hurt of him who was menaced his seruant tenāt or any other person by whom he liueth or receiueth benefit And therefore the plaintife in an action of Trespas of menace may declare That he is an Atturney The declaration in Trespasse of Menace and that in respect of the defendants menace he durst not attend his clients suites from such a day in M. vntill such a day in O. or that he is a husbandman and could not attend or ouersée his husbandrie or that he is a bailife or collector of rents and could not in respect of such menace 37. H. 6. 3. by the space of many monethes attend his bailiwick collection of rents or other businesses or that in regard of such menacing 30. Ass p. 14. he was not able nor durst trauell abroad to apply his trade or get his liuing without such force and defence as his estate was not able to maintaine As the collector of a fiftéene brought an action of trespas for the king and himselfe 27. Ass p. 14. against one and declared That the defendant did so rebuke him Rebuke in Assault that he durst not tarie in the towne to gather vp the fiftéene for feare least the defendant would haue beaten him And though the defendant did not beat him yet this rebuke was adiudged an assault and the plaintife recouered an C. s̄ in damages And in like sort one brought a bill of trespas in the Cōmon pleas for the king and himselfe 30. Ass p. 14. and declared That whereas hee was comming towards the Commō pleas to answer in a plea of land the defendant came and did so beat assault and menace him that hee durst not bring his writings or come thither without great charges in contempt of the king contrarie to his peace to the damages of the plaintife c. Whereunto the defendant pleaded not guiltie And the defendant was compelled to find pledges of his good behauior for the peace that he should not meddle with the plaintife by himself nor by any others Fitz. Trespas 159. openly nor secretly In an action of Trespas the plaintif declared That the defendant so menaced him in one county that he could not do his businesse in another county and this was adiudged a good declaration and it was ordered 37. H. 6. 2. that the issue shold be tried in the county where the menace was for there was al the trespas cōmitted the other county was put in only to increase the damages Li. Intr. 592 22. Ass p. 76. 20. H. 7. 5. 4 And in like sort if one man do menace or threaten the seruant of another Menacing a seruant whereby he departeth of life or member in such sort as the same seruant doth depart frō his master wherby the master doth for a time lose the seruice of his said seruant in this case the master shal haue an action of trespas declare against him that did so menace his seruant That he made assault vpon his seruant did beat him wound him and euil intreat him so often menaced to kill dismēber him did him so many iniuries wrongs that his said seruant durst not for such menaces for feare of being killed or maimed attend his businesse viz. the bailiwike of his husbādry his seruice in husbādry or kéeping of his horses beasts shéep c. And so his said busines seruice lay vndone the said pl. lost the seruice of his said seruāt frō the 20. day of M. vntil the 20. day of N. thē next following to his great damage against the K. peace whereof he cōplaineth that he is endamaged 20. l. And so note 7. E. 4. 24. 27. Ass p. 11. that a man shall not haue an Action of Trespasse for menace onely vnlesse he hath also thereby some other losse or hurt for the menace and the hurt which the partie doth sustaine thereby doe make the Trespasse and doe giue cause of the action of Trespasse But it is otherwise 20. H. 7. 5. if a man beat the wife or villaine of another for in those cases the partie wronged viz. the husband or Lord shall haue an action of Trespasse though hée hath receiued no losse nor hindrance in commoditie For hée must ioyne in suit with his wife to recouer recompence for the batterie and wrong done vnto her by the trespassor and also hee may punish him by action of Trespasse who beateth his villaine as hée may doe him who beateth his horse cow oxe c. Menacing a tenant whereby he departeth 5 And the same law is if one man doe so menace of life and member Li. Intr. 592 20. H. 7. 5. 9. H. 7. 7. the tenants of another which doe hold of him certaine lands and tenements at will paying to him therefore certaine yearely rent and seruices in respect of which menace the same tenants doe depart from their said tenements and leaue the said rents vnpaid and the same seruices vndone In this case the Lord or owner of the same tenements may haue an action of Trespas against such menacer in the Kings Bench or Common Pleas and declare of the sayd menacing of his tenants at will of their departure from his tenancies thereby and the losse and preiudice that he hath sustained by his rents vnpaid and seruices vndone and he shal recouer damages accordingly And in this case it is a good plea for the defendant Menacing
persons at the nomination and by the aduise of the Chauncellor of England And the said Commissioners incontinently shall send into the Chauncery the Enquests and matters before them in this behalfe taken and found Vpon the Cōmission the coronors shal returne the Iury 14 The Coroners of the same Countie for the time being St. 2. H. 5. 8. in which Countie such Riot Assemblie or Rout shall be made shall make the panell vpon the said commission retornable for the time that the Shirife so supposed in default shal remain in his office which Coroners shal return no persons but only such which haue lands c. to the value of x. l. by the yere at the least And also the same coroners shal return vpon euery of the said persons impannelled at the first day when issues be to be lost xx What issues shal be returned vpon the Iurors s. at the least at the second day xl s. at the least at the third day C. s. at the least at euery day after the double at the least which issues so returned because of non-appearance of such persons impanneled shall be forfait to the King and leuiable to his vse And if default be found in the said coronors touching the returne of such persons to be impanneled or touching the returne of such issues as afore is said euery of them shall pay to the Kings vse forty pounds Where the shirife shal return the Iury and not the coronors 15 And if the Shirife so reputed in default be discharged of his office St. 2. H. 5. 8. at the time that such commission shall goe out of the Chauncerie then the new Shirife of the same County his successor mediate or immediate and not the coronors shall make the pannell vpon this commission returnable in manner and forme as the said coronors should doe in time when the Shirife so reputed in default stood in his office And the same Shirife shall incurre like paine of xl li. to the King if any default in him be found touching the returne of other persons by him impannelled which haue not lands tenements or rents to the value of x. li by the yeare or of returning such issues as the said coronors be aboue charged to returne as the said coronors be to lose to the King in this behalfe A writ directed to enquire of a Riot 16 The Chauncellor of England as soone as he may haue knowledge St. 2. H. 5. 8. of such Riot assemblie or Rout shall cause to be sent the Kings writ to the Iustices of peace and to the Shirife or vndershirife of the County where they be so made that they shall put the foresaid Statute of 13. H. 4. in execution vpon the paine contained in the same And though such writ come not to the said Iustices Shirife or vndershirife they shall not be excused of the paine of 100. pounds aforesaid if they make not execution of the said Statute Riots shal be inquired of at the Kings costs 17 The Iustices and other officers aforesaid shall doe their offices at the Kings costs in going tarrying St. 2. H. 5. 8. and returning in dooing their said offices by payment thereof to be made by the Shirife of the same County for the time being by Indentures betwéene him and the said Iustices and other officers aforesaid to be made of the payment aforesaid whereof the said Shirife vpon his accompt in the Exchequer shall haue due allowaunce St. 2. H. 5. 8. 18 Such Riotors attainted of great and haynous Riots The punishment of Riotors shall haue one whole yeares imprisonment at the least without being let out of prison by baile mainprise or in any other manner during the yeare aforesaid and the Riotors attainted of petit Riots shall haue imprisonment as the King and his Councell shall thinke good St. 2. H. 5. 8. 19 The Kings liege people being able to trauaile in the Countie where such Riots assemblies or routs shall be made shal be assistant to the Iustices Each man shall helpe to represse Riots commissioners Shirife or vndershirife of the same County when they shal be reasonably required to ride with the said Iustices Shirife or vndershirife in aide to resist such Riots Routs and assemblies vpon paine of imprisonment and to make fine and ransom to the King St. 2. H. 5. 8. 20 The Bailifes of franchises Bailifes of Franchises shall impannell sufficient people as before vpon paine to loose xl li to the King in case that such sufficient persons may be found within the said franchises Corporat towns hauing Iustices And like ordinances and paines shall hold place and take effect in Cities Boroughs other places and townes enfranchised which haue Iustices of peace within them 21 Forasmuch as in the before rehearsed Statute of 13. H. 4. it is not expressed of what sufficiency the Iurors impannelled by the Shirife to inquire of Riots should be Nor what issues they should lose if they appeare not Nor any mention is made of any punishment the maintenors and embraceors of the Iurors that so shall be impannelled should haue for their misdemeanor A Iury to enquire of Riots if any should be St. 19. H. 7. 13. Therefore by a Statute made Ann̄ 19. H. 7. it was enacted that if any Riot Rout or vnlawfull assemblie be committed within this realme the Shirife hauing a precept directed to him shall returne xxiiij persons dwelling within the Shire where such Riot c. shall be so committed whereof euery of them shal haue lands and Tenements within the same shire to the yearely value of xx s. of Charter land or fréehold or xxvj s. viij d. of copihold or of both aboue all charges for to inquire of the said Riot Rout or vnlawfull assemblie And he shall returne vpon euery person so by him impanelled in issues at the first day xx s. at the second xl s̄ if that they appeare not and be sworne to enquire of the premisses at the first day And if default be found in the Shirife or vndershirife for returning of other persons being not of the same sufficiency or for not returning issues in forme aforesaid then the said Shirife shall forfeit to the King for either twenty pounds St. 19. H. 7. 13. 22 If the said Riot Rout or vnlawful assemblie be not found by the said Iury by reason of any maintenance or embracery of the Iurors Maintenance where by a Riot is not found then the same Iustices and the Shirife or vndershirife beside such certificat that they be bound to make according to the foresaid Statute of 13. H. 4. shall in the same certificat certifie the names of the mainteinors and embraceors in that behalfe if any be with their misdemeanors that they know vpon paine of euery one of the said Iustices and Shirife or vndershirife to forfait xx li. if they haue no reasonable excuse for not certifying of
and euery the heire and heires of all and euery the offendor and offendors in any the cases aforesaid and all and euery person and persons 1. M. 12. bodies politicke and corporat their heires successors and executors and euery of them other than such person and persons onely as shall be attainted conuicted and outlawed of any the foresaid offences of felonie shall haue hold enioy all such right title entrie interest leases possessions rents conditions profits and aduaÌ„tages as they or any of them shall or of right ought to haue in or to any mannors lands rents reuersions seruices or hereditaments whatsoeuer or in or to any part thereof in as large manner to all intents as if such attainder had neuer beene had any thing in this act c. notwithstanding c. Sauing to euery person and persons bodies politicke and corporate and their successors their liberties and franchises in such maner as if this act had neuer beene made Procuring others to offend 46 If any person or persons doe moue stirre 1. M. 12. or procure any person or persons to commit any of the offences in this Act specified then euery such person and persons which shall procure stirre or mooue any person or persons so to offend shall suffer such punishment by imprisonmeÌ„t without baile or mainprise as is before expressed in this Act against counsellors of such offendors Vnlawful assemblies by xl or aboue 47 If any persons to the number of fourtie or more 1. M. 12. shall assemble together in forcible manner vnlawfully and of their owne authoritie to the intent to execute doe or put in vre any of the things aboue specified or to doe any other felonious or rebellious act or acts and so shall continue together by the space of three houres after proclamation shall bee made at or nigh the place where they shall be so assembled or in some market towne thereunto next adioyning and after notice to them giuen thereof Then euery person so willingly assembled in forcible manner and so continuing together by the space of three houres after such proclamation made and notice thereof giuen shall bée adiudged a felon A lieutenant shall not appoint a deputie 48 No lieutenant that shall bee made by authoritie or colour of this Act 1. M. 12. or for to execute this Act shall constitute vnder him or in his place any deputy nor shall call or appoint to appeare before him by the onely authoritie of lieutenancie or of commission of lieutenancy any person for any cause or matter whatsoeuer saue onely for the causes and matters expressed in this Acte and for none other Aiding of the offendors after the offence 49 No person or persons shall bee put to any losse forfeiture paine 1. M. 12. or punishment of life land or goods as accessorie to any person or persons that shall commit any of the offences contained in this act for receiuing comforting or aiding of any such offendor after such act committed or done 1. M. 12. 50 No attainder or conuiction of any person or persons The attainder of those offences no corruption of blood for any offence or offences herein contained shall be any corruption of blood betwixt the offendor and any of his auncestors or such person or persons as should haue beene heire to such offendor if no such attainder or conuiction had béene had sauing to euery person and persons bodies politicke and corporat c. their liberties and franâ—â—â—ses in such manner as if this Act had neuer beene made ⧠Of Force forcible Entries and forcible retayning of possessions Vnlawfull force an enemy to peace 1 FOrce and violence executed without warrant of Law be so méere contrarie to the peace and justice of the Realme as disobedience is to loyaltie and contempt to gouernment for whosoeuer doth make a Forcible entrie into lands in the possession of an other doth secretly reuolue in his mind and distrust to himselfe that there is no Law in the Realme to redresse his wrong or no ministers to execute the same and therefore he will sit in iudgement of that cause himselfe and take into his owne hands the distribution of justice and assume into his possession by the strength of his arme what the phantasie of his head shall resolue to be his due whereas the Law in conuenient time would truely satisfie him whether the land in question by the rules of justice be his or not and also assigne him a milde and calme course to recouer all his whole dutie with valuable damages for the time he is iniured And because this force and forcible entrie into lands is so opposite and méere repugnant to the peace and justice of the Realme and tendeth so much to the dishonour of the King and his Crowne and the discredit of the Law that any person by byrth and oath deuoted to the obedience of the King and his Lawes should presume of his owne authoritie by force and strong hand to resist them both and as it were in contempt of them violently to intrude himselfe into an other mans possession before the law hath decided his title therein Therefore the wisedome of the Realme hath by the space of many generations first prouided to restraine those forces and forcible Entries and next to inflict condigne punishment vpon them which were offendors therein Whereupon by a Statute made AnÌ„ 5. There shal be no forcible entry into lands R. 2. the King defended St. 5. R. 2. 7. that none from thenceforth should make any Entrie into any lands and tenements but in case where entrie is giuen by the Law and then not with strong hand nor with multitude of people but only in a peaceble course maner And if any from henceforth do the contrary and thereof be duely conuict he shall be punished by imprysonment of his bodie and thereof ransomed at the Kings pleasure 2 But for that the said Statute of 5. R. 2. did giue no spéedie remedie to those which were expelled out of their lands or tenements nor assigned any speciall persons to suppresse the said disorder Therefore by an other Statute made AnÌ„ 15. St. 15. R. 2. 2 R. 2. it was further ordained The penaltie of forcible entrie into lands or benefices That when any such forcible entrie shall be made into lands or tenements or into any Benefices or offices of the Church and the complaint thereof come to the Iustices of the peace or any of them that the same Iustices or Iustice take sufficient power of the County and go to the place where such forcible entrie is made if he or they find any that holdeth such place forcible after such entrie made they shall be taken and put into the Gaole there to abide conuict by the record of the same Iustices or Iustice vntill they haue made fine and ransom to the King And all they of the Countie aswell the Shirife as other
shall be attending vpon the Iustices to go and assist the same Iustices to arrest such offendors vpon paine of imprisonment and to make fine to the King 3 And forasmuch as the said Statute of 15. R. 2. doth not extend to Entries into tenements in peaceable manner and after holden with force nor if the persons which enter with force into any lands or tenements be wholy remoued and departed before the comming of the said Iustices or Iustice Neither is there any paine ordained if the Shirife do not obey the precepts of the Iustices in this behalfe St. 8. H. 6. 9. Therefore by an other Statute made An̄ 8. H. 6. it was ordained that the said former Statutes should be continued and executed And further that where any do make such forcible entrie into lands tenements or other possessions or hold them forcible Holding possession by force after complaint thereof made within the said Countie where such entrie is made to the Iustices of peace or to one of them by the partie grieued that the Iustices or Iustice so warned within a conuenient time cause the said Statute to be executed and that at the costes of the partie so grieued And whether such persons making such Entries be present or gone before the comming of the said Iustices or Iustice presently the same Iustices or Iustice in some good Towne next vnto the tenements so entred or in some other conuenient place according to their discretion shall haue authoritie to inquire by the people of the same Countie aswell of them that made such forcible entries into lands or tenements Feoffement of lands for maintenance as of them which hold the same with force And if it be found before any of them that any doth contrarie to this Statute then the said Iustices or Iustice shall cause the lands or tenements so entred or holden as aforesaid to be reseised and shal put the partie so put out in full possession of the same lands or tenements so entred or holden as before they were entred or holden And if any person after such entrie into lands or tenements holden with force make a feoffement or other discontinuance 〈◊〉 any Lord or other person to haue maintenaunce or to take away and defraud the possessor of his recouerie in any wise if after in an Assise or other action thereof to be taken or pursued before Iustices of Assise or other the Kings Iustices whatsoeuer they be by due inquirie thereof to be taken the same feoffements and discontinuances may be duely proued to be made for maintenance as is aforesaid then such feoffements or other discontinuances so as before made shall be void And if any person be put out or disseised of any lands or tenements in forcible manner or put out peaceablie after holden out with strong hand and armes against the Iustice of peace or after such entry any feoffement or discontinuance in any wise thereof be made An Assise or action of trespas againste disseisour by force to defraude take away the right of the possessor the party greiued in this behalfe shall haue an Assise of Nouel disseisin or a writ of Trespas against such disseisor And if the party grieued recouer by Assise or by action of Trespas and it be found by verdict or in any other manner by due forme of the Law that the partie defendant entred with force into the lands tenements or them after his entrie did hold with force then the plaintife shall recouer treble dammages against the defendant and moreouer the defendant shall make fine and ransome to the King The authority of officers of Cities and Townes enfranchised And the Maiors Iustices and Iustice of peace Shirifes and Bailifes of Cities and Boroughes hauing fraunchise shall haue in the said Cities Townes Boroughes like authoritie to auoid such Entries and in other articles aforesaid rising within the same as Iustices of peace and Shirifes in Counties and Shires haue 4 As by the foresaid Statute of 8. H. 6. if any person after entrie into lands or tenements holden with force shal make any feoffement or other discontinuance thereof to any Lord or other person to haue maintenance or to defraud the possessor of his recouery then the same feoffements discontinuances shall be void So by an other Statute made before that Anno 4. H. 4. St. 4. H. 4. 8. it was inacted A speciall Assise against a disseisor with force That if any man in his owne right to his vse or in an other mans right to his vse doth make any forcible entrie into an other mans lands by way of maintenaunce or doth take or carry away any goods of the possessors of the fréehold after any such forcible entrie then if the partie grieued or other lawfull man will affirme that the entry was made in such forcible manner the Chancellor of England may graunt to the partie greiued a speciall Assise And if the disseisor be attainted of such forcible disseisin he shall be one yeare imprisoned and pay to the partie grieued his double dammages and also dammages for his goods And one of the Iustices of the one Bench or of the other or the chiefe Baron of the Exchequer if he be learned in the law shall be named in euery such speciall Assise And no Supersedeas shal be granted to the contrarie of such Assise 5 Wherefore if a man be disseised by force of any lands or tenements by way of maintenance or that his goods be taken or carried away after such entrie made Or that he be put out or disseised of his lands in forcible manner Or that he be put out peaceablie and after holden out with force against a Iustice of peace Or after such entrie any feoffement or discontinuance be made to defraud and take away the right of the possessor then the partie grieued as his case requireth may haue a speciall Assise against the disseisor and recouer his double dammages Seuerall remedies for seuerall offences by force and dammages for his goods and the disseisor shall be one yeare imprisoned according to the foresaid Statute of 4. H. 4. St. 4. H. 4. 8. Or else he may haue an Assise of Nouel disseisin or an action of Trespas against the disseisor and recouer treble dammages and moreouer the disseisor shall make fine and ransom to the King according to the before rehearsed Statute of 8. H. 6. St. 8. H. 6. 9. Or if the plaintife will omit the benefit of recouerie of his dammages he may only craue and vse the assistance of a Iustice of peace to sée and remoue the force to record it to inquire of it and to make him restitution according as the truth of his case shall appeare to the said Iustice vpon his owne sight or be found by inquisition according to the former prouision of the said Statute of 8. H. 6. Or lastly he that is put out or holden out of his lands with force
put out by force cannot maintaine an action of trespas of forcible entry against him who hath title to enter for that his entry was no disseisin to the other who was not lawfully seised thereof but he may invite him for this forcible entry this indictment being found he shal be restored to his possession againe by a Iust of peace by vertue of the said statute of 8. H. 6. And after that 22. H. 6. 18. he that did first enter forcibly by lawful title may again enter peaceably or bring an assise of Nouel disseisin at his pleasure Fit Na. B. 249. 22. H. 6. 37. 20 If a man do enter into lands or tenements disseise one with force He that hath possessiō sueth a writ of forcible entry and after the disseisée doth réenter againe yet the same disseisee may pursue an actiō of Trespas of forcible entry against the disseisor recouer his treble damages though he be seised of the land at the time of the writ brought And therefore it is not a sufficient plea in a writ of forcible entry for the def to plead that the plaintife was seised of the same land the day of the said writ brought 20. H. 6. 12. 22. H. 6. 23. 21 A man may haue a writ of Forcible entry of a rent as well as of land Forcible entry of a rent or common for one may distraine with force for rent and that doth counteruaile an entry with force And one may haue a writ of Entry of a rent which doth suppose that the def did enter into the rent And in an Assise of rent the disseisin may be found to be done by force 39. Ass p. 4. If there be thrée iointenants of land out of the which there is a rent going vpon a distresse taken one of thē maketh rescous by force he only shal be imprisoned yet the others be disseisors And the like law is of a commō of pasture for a commoner may be force be expelled or kept out of his common And a man may kéepe his beasts in another mans ground by force 27. Ass p. 30 claiming common where he hath no common and that is disseisin by force And in either of the cases aforesaid a Iust of peace vpō complaint to him made may remoue the force but not award restitution because they are to be taken vsed in another mans land 2. H. 7. 16. 17. Ass p. 14 22 If diuers do enter with force to the vse of another Forcible entry to the vse of another who himself doth not enter but after doth agrée to this entry to his vse this agréement doth make him a disseisor or a trespassor but he shall not thereby be punished for the force for there can be no forcible entry without an actuall entry Forcible detaining by words only And yet there may be a forcible detaining of possession by words only without act as if he that hath wrongfully but peaceably entred into another mans house expelled and put out the owner thereof shall say to the same owner if he do come thither againe to enter he will kill him this is a forcible detaining of possession 23 If there be two iointenants or tenants in common of certaine lands one of them doth expell put forth the other out of possession of the said lands by force Iointenants or tenants in common expelling each other by force he that is so expelled 8. Ed. 4. 9. 19. 10. H. 7. 27. Fit Na. Br. 249. 21. E. 4. 10. 18. H. 6. 5. may haue an action of Trespas of forcible entry against his companion that did so expell him vpon the said statute of 8. H. 6. for the words of the writ may be verified Expulit Disseisiuit and therupon he shall haue a writ of Restitution to restore him to his former estate But if one iointenant or tenant in common of lands doe expell the other by force out of the same lands he that is so expelled cannot maintaine a writ of Entry vpon the statute of 5. R. 2. against his companion that so put him foorth and suppose that he did enter into the same lands vbi ingressus non datur per legē for that his entry and possession in that land is lawful through the whole land in respect of his owne moitie or estate and further séeing by that action the plaintife is to recouer but only dammages as in an action of Trespas and not to be restored to his possession which action of Trespasse one iointenant or tenant in common cannot maintaine against another for any Trespas done in the land so holden by them Who may bring a writ of Entry vpon the statute of 5. R. 2. 24 None can maintaine a writ of Entry vpon the said statute of 5. R. 2. 8. E. 4. 9. 19. vbi ingressus non datur per legem but onely tenant in fée simple tenant in fée taile or tenant for terme of life at the least for tenant for terme of yeares a copyholder or a tenant at will cannot pursue and maintaine it seeing they haue but the manurance and occupation of the land 4. H. 7. 1. Neither can the King bring the said Action nor an Assise Eiectione firmae nor action vpon the statute of 8. H. 6. Nor any other action which doth proue him out of possession of the land Turning a watercourse by force 25 If a man do enter into another mans ground Plow Com̄ 467. and turne away by force an ancient watercourse which he hath running to his myll the party grieued may haue a speciall Assise of Nusance vpon the statute of 4. H. 4. against the offendor recouer his double damages yet he was not put out nor disseised of his freehold but a Nusance was done to the dammage thereof The plea of not guilty in forcible entry 26 In a writ of Forcible entry the defendant may plead not guilty Lib. int̄ fol. 330. Fit N. B. 249. 14 H. 6. 16. 22. H. 6. 57. 22. H. 6. 17. 9. H. 6. 19. 21. H. 6. 39. that shal be a good plea. But if the defendant doe plead some matter in barre yet he must in the end of the barre trauerse and deny the entry with force which is alledged against him as to say without that he did enter with force c. And the plaintife must answer to that speciall matter alledged in the barre without answering to the Trauerse of the force and vpon that speciall matter the issue must be ioyned and not vpon the force And if that speciall matter alledged in the barre be found by verdict with the defendant he shal be excused and the force shall not be inquired of But if it be found with the plaintife and against the defendant then the defendant shal be attainted of force and render treble dammages and treble costes without inquirie of the force
Eliz. doth repeale as well the before mentioned statute of 1. H. 5. and all other statutes before that time made and prouided for forging of false deeds Lib. in t fol. 359. and hath ordained a new action of forger of false deeds to be founded vpon that Statute and other new remedies yet seeing both those statutes were made and prouided to one end viz. to auoid and punish the enormities of forgerie of false deeds to the disherison or hurt of others though vpon seuerall penalties Notwithstanding in some cases the like reason and so the same law is to be retained in the said statute of 5. Elizab. which was before in the first mentioned statute of 1. H. 5. As in action of Forger of false deeds 9. H. 6. 26. 20. H. 6. 11. 19. H. 6. 29. 21. H. 7. 15. 37. H. 6. 37. brought vpon the said statute of 1. H. 5. Pleas in bar of forgerie it is a good plea in barre for the defendant to plead not guiltie or that he did not forge that deed or to plead that he gaue to the plaintife a gallon of wine in satisfaction of the said offence which he did accept And so it is a good plea in barre in an action of forger of false deeds brought vpon the statute of 5. Elizab. and the same plea being confessed by the plaintife or found by verdict shall not onely barre the plaintife of the recouerie of his double costs and dammages but shall also discharge the defendant of all corporall punishments to be inflicted and of the forfeiture of the issues and profits of his land to the king For this is not a release or discharge after verdict but a discharge before verdict whereby the whole Action and sute is discharged and so not within the compasse of the said statute of 5. Eliz. 14. touching the plaintifes release or discharge after verdict Where one shall haue an Action of forgery though he hath but a right to the land 18 There be some cases where a man shall haue an Action of forger of false déeds though he hath neither possession reuersion or remainder but onely a title to the land As if a man die seised of certaine land and a stranger doth abate and enter vpon the same land before the entrie of the heire and holdeth out the heire and after the same abator doth forge some charter deed or other writing sealed of the same land to the intent to disturbe trouble or defeate the estate of the heire in the same in this case the heire may haue an Action of forger of false deeds against the same stranger though he hath then no possession reuersion or remainder in the same land And so it is 4. H. 6. 25. 22. H. 6. 15. 15. Ed. 4. 24. if one man doe disseise another man of land and after doth forge false deedes c. of the same land to the intent aforesaid the dissesee may maintaine an Action of forger of false deeds against the disseisor vpon the Statute of 5. Elizab. as he might haue done before vpon the Statute of 1. H. 5. for that his right and title to the same land is molested troubled defeated recouered or charged by the same forged deed And the same law is if a man doe bring a reall Action against an other of certaine land 9. Ed. 4. 37. and before iudgement one claiming a lease for the terme of yeares of the same land praieth to be receiued to saue his terme according to the Statute of Gloucester and doth shew his said lease which lease is forged Stat. 6. Ed. 1 11. In this case the Demandant in the saide Action may haue a writ of forger of false deedes against him that claimeth the said terme though he hath as yet nothing in possession reuersion or remainder in the same land but onelie a right for this lease is forged to â—he intent to defeate him of his right viz. of his present possession 19 If a man hath neither possession reuersion remainder or title of in or to land Where no Title no Action of forgerie and yet will bring against another an Action of forger of false deedes of the same land it is a good plea in barre for the defendant to pleade 21. H. 6. 51. 8. H. 6. 34. that hée himselfe is seised of the same land without that the plaintife hath any thing therein for if the plaintife hath nothing in the freehold or inheritance of the land nor any estate for yeares copihold or annuity in the same then he cannot be the party grieued in that Action neither his right title or interest of in or to the same can be molested troubled or defeated recouered or charged And the same law is if a man hath in land no mediate or immediate estate expectant vpon any lease or leases for life liues or yeares nor profit right of entry but onely a possibilitie 33. H. 6. 22. As if A. doe giue land to B. and the heires of his body lawfully begotten the remainder thereof to C. and his heires for euer If E. doe forge a deede containing that A. gaue same land to the said B. and the heires of his body lawfully begotten the remainder thereof to him the said E. and his heires for euer In this case C. cannot pursue an Action of forger of false deedes against E. during the liues of B. or of any of the heires of his body lawfully begotten for the said forgery séeing that during the said time his right title or interest into that land is not molested troubled defeated recouered No Action in respect of a possibilitie or charged for that he hath therein during that time but onely a possibilitie which possibilitie it may be shall neuer come into Esse And further C. cannot for the said forgery recouer double costs and dammages according to the said Statute of 5. Eli. for that he is not as yet a partie grieued nor damnified nor hath sustained any dammages neither peraduenture euer shall if B. and his heires doe continue from one generation to another and not die without issue of their bodies c. And of a bare possibilitie no value can be made neither single or double dammages assessed 18. H. 6. 5. 9. H. 6. 26. Kel fol. 114 20 If there be two Ioyntenants or tenants in common of land and a stranger doth forge a déede concerning the same land Forging of a déed touching ioyntenants land if one of those Ioyntenants or tenants in common doe bring an Action of forger of false déedes against the offender and the Defendant doe pleade that another hath an estate in Ioyntenancie or in common with the plaintife who is in full life this writ shall abate for séeing this Action is but in the nature of an Action of Trespas wherein the plaintifes are onely to recouer dammages Ioyntenants and tenants in common must ioyne in the same Action for though their right in
the land or thing in variance so it is Maintenance to take part in any quarrell depending in suit in the Kings court or to worke any fraud whereby iustice may be hindered Westm 1. 3. E. 1. 28. as it appeareth by the statute of West 1. whereby it is ordained That if any Clerke of the kings or of any Iustice The penalty for maintaining of suits do receiue the presentment of any Church for the which any plea or debate is in the K. Court without the kings speciall licence he shal loose the Church and his seruice And if any Iustices or Shirifes Clerke take part in any quarrell depending in the Kings Court or doe worke any fraud whereby common right may be delayed or disturbed he shall loose his seruice and be further punished if the Trespas doe require St. 32. H. 8. 9 And after by a statute made Anno 32. H. 8. there was a greater penalty imposed vpon those who shall be maintainors of suits By which statute it was ordained That no person or persons whatsoeuer shall vnlawfully maintaine or cause or procure any vnlawfull maintenance in any action suit demaund or complaint in any of the Kings Courts of the Chauncerie Starre-chamber White hall or elsewhere within any of the K. dominions of England or Wales or the marches of the same where any person or persons haue authoritie by vertue of the K. Commission Patent or Writ to hold plea of lands or to heare examine or determine any title of lands or any matter of witnesse concerning the title right or interest of any lands tenements or hereditaments Or shall vnlawfully retaine for maintenance of any suit or plea Retaining for maintenance or imbracing or suborning of Iurors any person or persons or embrace any fréeholders or Iurors or suborne any witnesse by letters rewards promise or by any other sinister labour or meanes for to maintaine any matter or cause or to the disturbance or hinderance of iustice or to the procurement or occasion of any manner of Periurie by false verdict or otherwise in any of the Courts aforesaid vpon paine of forfeiture for euery such offence x. pounds to the king and Inf. to be recouered by him that will sue for the same in any of the kings Courts of Record by Action of Debt Bill Plaint or Information wherein no W.E.P. c. if the suit be commenced in any of the kings Courts within one yeare next after any such offence committed or els not 10 As it is Maintenance to haue by agréement part of the land in variance or part of the gaines of the suit in question so is it Maintenance to buy a pretenced right or title of another of or to lands or tenements whereof the seller hath no possession for this oft times the cause of Subornation of witnesses procurement of Periurie and of the subuersion of iustice For the redresse whereof by the last specified Statute of Anno 32. H. 8. St. 32. H. 8. 9 it was first enacted That all Statutes heretofore made concerning Maintenance Champertie and Embracerie or any of them then standing in force should be put in due execution according to the effects of the same And also by the same statute it was ouer that ordayned Maintenance by buying of pretēced titles That no person or persons of what estate degrée or condition soeuer he or they be shall bargaine buy or sell or by any meanes obtaine get or haue any pretenced rights or titles or take promise graunt or couenant to haue any right or title of any person or persons in or to any Manors Lands Tenements or other Hereditaments but if such person or persons which shall so bargaine giue graunt couenant or promise the same their auncestors or they by whom he or they claime the same haue béene in possession of the same or of the reuersion or remainder thereof or taken the rents or profites thereof by the space of one whole yeare next before the said bargaine couenant graunt or promise made vpon paine that he that shall make any such bargaine sale promise couenant or graunt shall forfeit the whole value of the Lands Tenements or Hereditaments so bargained sold promised couenanted or graunted contrary to the forme of this Act. And the buyer or taker thereof knowing the same shall also forfeit the said value of the said Landes Tenements or Hereditaments so by him bought or taken as is aforesaid the one halfe of the said forfeitures to be to the king and the other halfe to the party that will sue for the same in any of the kings Courts of Record by Action of Debt Bill P. or I. c. wherein no W. E. P. or I. c. if the suit be commenced by A. B. P. or I. in any of the kings Courts within one yeare next after any such offence committed or els not Prouided alwayes The possessor purchaseth a pretenced title That it shall be lawfull to any person or persons being in lawfull possession by taking of the yearely ferme rents or profites of any Manors Lands Tenements or Hereditaments to buy obtaine get or haue by any reasonable meanes the pretended right or title of any other person or persons to be made to of or in any such lands tenements or hereditaments whereof he shal be so in lawfull possession Any thing in this Act c. notwithstanding 22 23. El. Dyer 374. 6. Ed. 6. Dy. 74. Plow Com̄ 87. 11 If a man take a lease or promise a lease for the terme of certain yéeres to another of land contrary to the foresaid statute of Ann̄ 32. H. 8. What is selling of a pretenced title viz. of those lands whereof neither he himselfe nor any of his auncestors nor any by whō he doth clayme the same land haue béene in possession of the same nor of the reuersion nor remainder thereof nor taken the rents or profits thereof by the space of one whole yeare before the said bargaine graunt and demise made he is within the danger of the foresaid statute of Anno 32. H. 8. as well as if hée had made an estate for the terme of life in taile or in fée simple of the same lād for that the scope and effect of the statute is vtterly to root out of Maintenance and bargaines and promises of Titles for the which the words of the statute be That no person shall sell or buy any pretenced rights or titles And a lease is no more lawfull for one yeare then for an hundred yeares and some man will be as ready to maintaine to haue a lease for yeares as to haue a greater estate Wherefore he that doth make a lease for yeares or make promise of a lease for yeares of lands whereof he hath but a pretenced right or title shall forfeit to the King and him that will sue the whole value of the inheritance of the land as well as if he had bargained and sold the fée simple thereof But
lessor of the remedy which the said statute of Anno 4. H. 7. did giue him viz. to make his entry or to pursue his action within fiue yeares which he could not do being ignorant of the lease for life which his tenant had made of this land to a stranger and also conceiuing that the lessée hauing land of his owne fée simple in the same towne he leuied a fine of that land which hee might lawfully doe And the deceit and fraud in this case is the more odious because it was practised by the lessée against his lessor and by the copyholder against his Lord who is by the law bound to do fealty to the lessor and Lord which is a bond of confidence and a linke of trust And if a man seised of land in fée Fit Fines 120. do make a lease to another thereof for terme of life and the lessée for life doth leuie a fine therof to a stranger he in the reuersion may enter into the same land for a forfeiture and put forth the conusée in the fine and auoid the fine for it was leuied by deceit to defraud him of his reuersion If a fine be leuied of lands to secret vses to deceiue the purchasor of the same land it may be auerred to be leuied by fraud and so by the statute of 27. El. 4. auoided St. 27. Eli. 4. And so if a fine be leuied vpon an vsurious contract and that be auerred the same fine shal be void by the stat of 13. Eliz. 8. St. 13. Eli. 8 A fine leuied of ancient demesne lands to defraud the Lord. 5 The law is as prouident to protect mens seigniories rents and seruices from euiction by deceit as she is their lands and tenements knowing that a fine in some cases leuied by couin of the one may be as preiudiciall to his inheritance as of the other hath therefore ordained seuerall remedies to redresse seuerall wrongs as if a man seised of lands in ancient demesne do leuy a fine thereof at the common law to another this is a deceit to the lord of that manor of whom the said lands be holden 21. Ed. 3. 20 Fit Nat. Br. 98. therefore he may haue a writ of Deceit against the cognisor and the tenant of the lord thereby auoid the said fine and then he that leuied the said fine shall be restored to the possession and the title which he had before in the same land and also the same land shall returne and become auncient demesne as it was before for that the said fine shal be vtterly void 21. Ed. 3. 56. And he that is lord of a manor of auncient demesne but for the terme of his life only may maintaine this writ of Deceit And so may he in reuersion if tenant for the terme of life doe not bring it during his life and either of them by his said writ may auoid the same fine for by the leuying of a fine at the common law of lands in ancient demesne 8. E. 4. 6. or by recouerie of them at the common law the same lands do become Franke fée and pleadable at the common law and so the lord should be deceiued of his right and loose his seigniorie in them And the writ of Deceit will auoid the said fine or recouerie because the fine was leuied and the recouerie was suffered coram non iudice in deceit of the Lord viz. not before that Iudge nor in that Court where they ought to haue béene 17. Ed. 3. 31. 7. H. 4. 44. 8. H. 4. 23. Fitz. Na. Br. 98. But if a man seised of lands whereof parcell be auncient demesne and parcell Franke fée doe leuie a fine at the common law of both parcels in this case though the Lord of the auncient demesne doe by his writ of Deceit auoid the fine for so much as is ancient demesne yet the residue of those lands which be Franke fée shall continue in force for a fine leuied of them was no wrong or deceit to any 6 And the same law is where land is recouered by deceit A writ of Deceit to auoid a recouery as if one man do bring a Praecipe quod reddat against another and demaund certaine land by force whereof the tenant ought to be summoned to be before the Iustices at a certaine day and the shirife doth returne the tenant of the land against whom the said Praecipe is brought Fit Nat. Br. 97. summoned whereas in truth he was not summoned by which false returne and deceit of the shirife the demaundant doth vpon the Graund Cape recouer seisin of the land by default of the tenant in this case the tenant to whom this deceit is done 3. E. 3. 28. Fitz. Deceit 49. may after iudgemēt giuen for the demaundant haue a writ of Deceit against him that did recouer and against the shirife for his false return And by this writ of Deceit the tenant shal be restored to his land againe 18. E. 4. 11. so that it be brought during the life of the summoners viewers and pernors or any of them for if it bee not brought vntill all the summoners viewers and pernors be dead it will not lye for after the death of them the tenant shall not haue a writ of Deceit for proces shal be awarded against the summoners viewers and pernors to appeare in Court and by the examination of them it is to be tried whether the tenant was summoned or not 50. Ed. 3. 16. 8. H. 6. 1. Fitz. Deceit 48. Fitz. Deceit 32. 33. 34. 46 for the summons must be made by two summoners at the least and two viewers And if any of them did not their duty then the writ was not executed as it ought to haue béene and therefore the plaintife in the writ of Deceit ought to be restored But the K. shall haue the issues of the land in the meane time And if the demaundant who did recouer by the shirifes false returne do make a feoffement of the land then the writ of Deceit must be brought against the demaundant the feoffée and the shirife and if the demaundant that doth recouer 8. E. 3. 6. 10. Ed. 3. 43. the shirife also be both dead yet the writ of Deceit may be brought against the heire of the demaundant and the tenant of the land if the summoners viewers and pernors be liuing And if a man do lose his land by default in a Praecipe quod reddat Fit Nat. Br. 98. Fitz. Deceit 43. 80. whereby he was not summoned and then dieth his heire may haue a writ of Deceit as well as his auncestor and shall haue restitution and the vouchée The vouchée may haue a writ of Deceit where he doth loose by default if he were not summoned 7 And so it is if a man sue a Scire facias against another Deceit to auoid a recouerie vpon a Scire facias
to haue execution of a fine if the shirife returne the tenant of the land summoned by two summoners whereas he was not summoned by which returne the demaundant shall recouer and haue execution of the land if the tenant do not appeare and the tenant shall loose the land in this case the tenant may haue a writ of Deceit against the shirife and the demaundant that did recouer and him that is then tenant of the land and shal be restored to his former possession And the like law is 17. Ed. 3. 12. if a man sue a Scire facias vpon a Recognizance against another for a debt before recouered Deceit to auoid a recouery of debt if the shirife returne the defendant summoned whereas he was not summoned by reason wherof the defendant hath execution awarded against him of the debt then the defendant may haue a writ of Deceit against him that had the execution and the shirife and the shirife shall be punished for his false returne and the party who did recouer shall make restitution of that which he recouered and if the defendant die his executors may haue a writ of Deceit Where executors shall haue a writ of Deceit and be restored if the deceit be proued and that the Testator was not garnished whereupon the garnishers shal be examined And so it is if a man recouer in a writ of Annuity Annuity and after doth sue a Scire facias and recouereth by default of garnishment Fitz. Deceit 42. the defendant may haue a writ of Deceit For by the statute of Anno 2. Ed. 3. St. 2. E. 3. 17. 17. a writ of Deceit holdeth place and is maintenable as well in case of garnishment which toucheth plea of land where such garnishment is giuen as in case of Summons in a plea of land for in all the cases aforesaid a Deceit was wrought by the shirife to the Court and the party grieued by his false returne and the Law hath ordained That euery of those deceits shal be reformed by the writ of Deceit And a recouerie and iudgement had made and giuen to the intent to defraud and frustrate the true meaning of a statute shal be void as amongst others it appeareth by the statute of Anno 43. A iudgement to defraud the meaning of a statute Eliz. whereby it was ordained St. 43. Eli. 9. That all iudgements which shal be had for the intent to haue enioy any lease of a benefite with cure or any bonds contracts promises couenants made for any person to enioy the same contrary to the statute of An. 13. El. 20. An. 14. El. 11. or any of them shal be void in such sort as bands couenāts are appointed to be void which are made void for that purpose for that the suits whereupon the same iudgements be giued were commenced prosecuted vpon collusion fraud to defeat and make frustrate the true intent and meaning of the said statutes or of one of them Deceit vhon recouery in a Quare impedit 8 If any person do recouer against another in a Quare impedit by default of the defendant whereas he was not summoned 27. H. 6. 5. Fitz. Deceit 57. 19. Eliz. Dyer 353. then the same defendant may haue a writ of Deceit and the Summoners and the pledges vpon the attachment and the mainpernors vpon the distresse shall be examined and if the deceit be found the first iudgement shal be reuersed and there shal be a writ awarded to the Bishop to remoue the Clerke that was in the Church And so it is Deceit vpon a recouery in wast if any person do bring an action of Wast against another 29. Ed. 3. 42. 48. Ed. 3. 20. Fitz. Deceit 30. the plaintife doe recouer against the defendant by default whereupon a writ is awarded to the shirife to inquire of the wast whereas the defendant was not summoned the defendant may haue a writ of Deceit against him that recouered in the same action of Wast and he shall suppose that hee was not summoned attached nor distrained and proces shal be awarded against the summoners the pledges and the mainpernors who shal be seuerally examined and if they all did not their duty according to the Law the plaintife in the writ of Deceit shal recouer and be restored to that which before he lost in the action of Wast Deceit vpon a recouery by a Praecipe in capite 9 And the like law is 17. Ed. 3. 31. 36. if any person doe recouer land against another by a Praecipe in capite where the same land is not holden of the King in chiefe but of a meane lord by other seruices and where the demaundant had no licence of the chiefe lord to sue at the common place then the chiefe lord may haue a writ of Deceit against him that recouered the same land wherein he shall recouer his dammages the demandant shal be imprisoned for the deceit and also the lord shal retaine his seigniory in the same land But the recouery shal remain in force and he that did recouer shall also hold of the K. in chiefe by the way of estoppell And this writ of Deceit is maintenable in this case by force of the stat of Magna Charta 9. H. 3. 24. whereby it is ordained That the writ which is called Praecipe in capite shal be granted to no man wherby any fréeman may loose his Court. 10 Couin is accounted so professed an enemy to iustice Where a good title shal be impaired by a couenous recouery therefore is so hated by the law that she adiudgeth that bad and vnlawful which is mixed with couin though before of it selfe it were good lawful as if the issue in taile who hath good cause to bring a Formedon in discender vpon a discontinuance made of certaine lands by one of his auncestors 44. Ass p. 28 41. Ass p. 28 be of couin that a stranger shall disseise the tenant of the land against which stranger he doth bring his action doth recouer this land and hath execution in this case he shall not be remitted to his former estate though his title be good but shall be adiudged in possession by disseisin 44. Ed. 3. 46. 15. E. 4. 4. 7. H. 7. 11 Co. lib. 5. 31 in respect of the couin And so it is if a woman that hath good cause to be indowed of her late husbands lands will be of couin that a stranger shall disseise the tenant of the land wherof she is indowable against which stranger she will bring a writ of Dower and recouer hath execution she shal be adiudged in possession against the disseisée but as a disseisor in respect of her couin though she had good title to be indowed And so couin mingling together vertue vice persuadeth the law to reiect condemne a lawfull title which is vnlawfully atchieued 11
lesse without award of the Kings Court he shall make fine according to the quantitie of the trespas and neuerthelesse sufficient amends shal be to them which haue receiued losse by such distresse Distraining out of his fee. Or if one do distrain another to come to his Court which is not of his fée or vpon whom hee hath no iurisdiction by reason of his Hundred or Bailiwike or doe take a distresse without his fée or the place where he hath iurisdiction or bailiwike hee shall make fine according to the quantitie of his offence Excessiue distresse Or if one do take any vnreasonable excessiue distresses which is grieuous and more than the quantitie of the debt or damages this is an oppression an he shall be amerced 41. Ed. 3. 26 29. Ed. 3. 23. As a man auowed the distraining of 200. shéepe and 16. beasts for ij pence rent and he was amerced therefore for all that he tooke aboue vj. shéepe were adiudged an oppression and so vnlawful But if a man distraine for homage 28. Ass p. 50 42. Ed. 3. 26. Co. li. 4. 8. Fitz. Na. Br. 178. 27. Ass p. 51 28. Ass p. 50 the distresse cannot be too excessiue how many beasts soeuer he doth take for that homage is not valuable though for rent fealtie and other seruices it may be excessiue And in like sort Oppression by often distresse if the Lord of a Mannor or any other who hath rent issuing forth of certaine land do distraine the tenant of the same land diuers times for rent or seruices where none is behind vnpaid this is an oppression of the same tenant who is distrained for in this case the partie who claimeth this rent cannot distraine for rent séeing none was due to him but his distresse is onely taken to vexe the tenant of the land and so to oppresse him And therefore the sayd tenant may haue an Assise of Souent foits distresse against the same Lord and recouer dammages of him according to the losse he hath receiued by the same distresses viz. for not plowing or for not manuring his land Lib. in t 82. Co. li. 4. 8. or for taking no profit thereby But it is otherwise if the same seuerall distresses were taken for homage Seueral distresses for one thing And so it is if a man do distraine for rent or seruices or for any other thing Fit Nat. Br. 71. and depending a suit betwéene the parties for the same rent seruice or other thing he who did distrain doth distrain again for the same rent seruice or thing for the which he did distrain before the beasts or goods of him whose hée did first distraine this is an oppression of him whose goods be twice distrained For the redresse whereof hée may haue a writ of Recaption A writ of Recaption against him who so did distraine his goods twice for one cause whereby hée shall recouer dammages for his second distresse And also hée that did take the same distresse shall make fine to the King for his oppression and wrong though the first distresse were lawfully taken yea and though the rent or seruice for the which he did distraine were behind vnpayed or vndone séeing by the first distresse the cause being prooued true and lawfull hée might haue had returne of the goods or cattell which hee did distraine vntill hée had béene satisfied of the rent seruice or thing for the which hée did distraine But a man may distraine the cattell of him who bée eating of his corne or grasse Distresses for damages for t or doing any other hurt in his ground 47. Ed. 3. 7 so often as he shall find them doing hurt therein and it is no oppression or wrong so to do for he doth not distraine twice for one cause as in the former case but distraineth seuerall times for seuerall new offences 4 And euerie Trespasse which the law doth interpret to bee iniuriously committed vi armis may also fitly be termed an oppression for it is done vpon the offendors owne wrong without warrant of law St. 5. R. 2. â— As if one person doe enter vpon anothers land expell him out of the possession therof whereas his entry is not giuen by the law or doth enter with strong hand or multitude of people Fitz. Tresp 13. 45. 234 20. H. 6. 22. 9. Ed. 4. 28. 9. H. 6. 64. 21. H. 6. 5. 21. Ed. 4. 18. 9. Ed. 4. 29. 10. Ed. 4. 4. 21. Ed. 4. 4. 1. H. 7. 10. 37. H. 6. 36. 21. H. 7. 1â— 11. H. 4. 64. 20. H. 6. 14. 3. H. 6. 12. 10. H. 6. 16. 43. Ed 3. 13. 4. Ed. 3. 48 47. Ed. 3. 22 43. Ed. 3. 35 1. H. 5. 1. and not in peaceable manner this is an oppression And so it is Oppression by Trespasses if one person doe pull downe breake or impaire anothers house or any part thereof Or if one person doe fell cut downe or carrie away the Timber Trées or Wood of another Or if one person doe fell cut tread downe or carrie away the corne or grasse of another Or if one person doe with his cattell depasture feed or eat the corne grasse or hay of another Or if one person doe take and carrie away the money plate iewels houshold-stuffe cattell corne hay or any kind of goods of anothers Or if one person doe plough till eyre or digge the ground or soyle of another Or if one person doe mayme imprison wound or beat another or doth mayme wound or beat the seruant of another whereby he looseth his seruice Or if one person doe hunt chase or hawke in the frée Warren of another or doe take kill or destroy his game there Or if one person doe fish in the Pond Poole Mildam Stew or other seuerall fishing of another Or if one person doe breake the doue-house of another or destroy the flight of the doues of another Or if one person doe digge the Myne of Tinne Lead Stone Coale Grauell Sand Matle Chalke c. of another Or if one person doe pull vp take away the meerestones which by consent haue béen set betwéen his own ground and anothers In all and euerie of which cases the partie grieued may pursue an Action of Trespasse against the offendor and declare that hée committed any of the said offences vi armâ—s wherein if the defendant be attainted hée shall pay to the plaintife his dammages sustained and to the King a fine for that he hath done an oppression to one of his subiects and made an offence to the law Fit Nat. Br. 183. 4. Ass p. 3. 5 Euerie Nusance which one person doth to the land of another Oppression by Nusances wherein the owner hath an estate for the terme of life in tayle or in fée simple may also bée accounted an oppression for those Nusances be put in practise by the offendors onely will and by his owne open playne and manifest
wrong to the disheritance of another or to the preiudice of his Fréehold without any warrant of law 18. Ed. 3. 22. 21. Ed. 3. 2 Co. li. 5. 101. Li. Int. 406. or colour of iustice As if one person doe build or leuie a house a wall a shead a leantor a chimney a gutter or other structarie in his owne ground to the offence of anothers fréehold or to the drowning or rotting of his house or to the stopping of his light or way thereunto this is an oppression 46. Ed. 3. 23. 7. Ed. 3. 56. And if one person doe leuie rayse abate or pull downe a Damme Poole Pond or Ditch to the hurt of anothers Fréehold that is an oppression 27. Ed. 3. 88. 12. H. 4. 3. 8. Ed. 4. 5. 48. Ed. 3. 27 8. Eliz. Dyer 2 50. 14. Eliz. Dyer 319. And if one person doe stoppe straiten or turne an auncient water-course to the hurt of anothers Freehold or in such sort as it doth drowne the ground or soyle of another that is an oppression And if one person do stoppe streiten or greatly impaire anothers highway which hée hath belonging to his Fréehold that is an oppression If one person doe conuey water to his house or ground by a pipe of lead timber or vault of stone and another person will make another pype out of that pype to take away part of the same water that is an oppression of him that made the first pype And if one doe erect a lime-kill néere vnto anothers dwelling house 4. Ed. 3. 36 5. Ed. 3. 43. 4. Ass p. 3. the smoake and heat whereof when it is set on fire doth annoy the inhabitant of the said house and his familie or doth scorch or dry vp the fruit trées in his orchard that is an oppression And if one person hath the fréehold of a seueral fishing in a riuer pond poole moat mill damme or other water Lib. in t 406. and another person wil build a dye-house adioyning or neere vnto it and then will powre out or cause to run from thence corrupt ashes dung slime filth or other annoyances into the said seuerall fishing place to the distruction of the fish there whereby the owner doth loose the benefit of his seuerall fishing that is an oppression of him And if one person will erect or settle vp a Faire or Market Fit Nat. Br. 184. Register 197. 199. Li. Int. 407. to the preiudice or hinderance of anothers Faire or Market that is an oppression of him who had the first Faire or Market And if one person do lay timber faggots stones lime sand grauell dung or any other thing vpon or against the house of another which do rot putrifie corrupt or impaire the walls timber or other part of the same house or any corrupt noisome or stinking thing the sauor or smell whereof is offensiue to the inhabitant of the same house and his familie that is an oppression of the same inhabitant The remedies for oppression by Nusances In which foresaid cases the parties grieued by the said Nusances and oppressions may in some cases haue their remedies by Assise of Nusance brought in the Common Pleas in some other cases by writs of Nusance called Vicountiels tryed in the Countie before the Sherife in some other cases by the writ of Quod permittat in some other cases by action vpon the case and in most of the sayd cases the sayd parties grieued by the sayd Nusances may take away pull downe Co. li. 5. 101. and remooue the same Nusances as their seuerall estates will enable them or their seuerall cases doe require Oppression by Rescous 6 Euerie Rescous that is vnlawfully made of cattel or other goods distrained is an oppression for the offendor doth a wrong of his owne authoritie to the preiudice of another in contempt of the iustice of the Realme without any warrant or colour of law Séeing when the partie grieued by himselfe 44. Ed. 3. 20 40. Ed. 3. 32. 17. Ed. 3. 43. 18. Ed. 3. 30 2. H. 4. 15. or some other doth distraine within his fée for his rent or seruices behind for dammages which hée hath sustained for amerciaments a rent charge or for some other cause which hée taketh to bée lawfull the cattell or other goods of him who he doth conceiue detaineth his due rent or seruice from him or whose cattell haue eaten or spoyled his corne or grasse or otherwise haue trespassed in his ground and doth in quiet and peaceable manner driue them towards the pownd there to remaine as a pledge sub custodia legis vntill the law hath decided whether there was iust cause of distresse or not the owner of the same cattell or some other in his behalfe will by force and strong hand make Rescous of this cattell and take them from him who distrayned them and so will not submit himselfe to the censure of the law nor tarrie vntill it be discussed by the ordinarie course of iustice whether the party that distrained had lawfull cause so to doe or not but will be his owne iudge and take the authoritie of reuenge to himselfe which is an oppression of him whose rent or seruices were due and vnpayd or whose corne or grasse was eaten c. and who was also forcibly depriued of the ordinarie remedie which the law did assigne him for the recouerie of his owne duetie And moreouer it is a contempt of the law which the same offendor doth refuse to be iudged by 7. H. 6. 1. 22. H. 6. 54. Fitz. Na. Br. 101. and therefore in this case the partie grieued may pursue against the offendor a writ of Rescous for this Rescous made and oppression done vnto him and thereby recouer his dammages and also the King shall haue a fine of him for this contempt of his law and his peace broken Li. Int. 527. and the offendor shall be imprisoned vntill hée hath paid the same 7 Euery Encrochment which one person doth make vpon anothers land Oppression by incrochments ground couered with water rent or seruice is also an Oppression for they be done and put in practise by the offendors own open plaine manifest wrong without any warrant or colour of the law As it is an oppression for one person by ploughing earing ditching hedging remoouing of Méerestones or land markes 22. Ass p. 93 to get away the ground or soyle of another and so it is for one person to draw away or alter an auncient Riuer Brooke or Streame of another persons out of the old and wonted course and so it is if there be lord and tenant and the tenant doth hold his land of his lord by fealty fiue shillings of yearely rent and of late yeares the lord hath had seisin of more rent of the tenant by the tenants owne payment without cohertion of Distresse if in this case the lord will distraine his tenants Cattell for that surplusage of rent that
is an oppression and for the redresse thereof the same tenant may pursue against his lord a Writ of Ne iniuste vexes grounded vpon a braunch of the statute of Magna Charta St. 9. H. 3. 10 thereby commaunding the Lord that he shall not oppresse nor vniustly vexe his tenant for more rent or seruices then hée ought to pay or doe 12. E. 4. 7. 28. Ass p. 33 5. Ed. 4. 82. Or otherwise the tenant may auoid this surplusage of rent in an Assise Writ of Rescous or Cessauit brought against him by his lord but in a Repleuin he cannot auoid his lord of this rent newly incroched séeing the same lord hath had seisin thereof and so it is if the lord of a Manor 40. Ed. 3. 44. 49. Ed. 3. 22. 39. E. 3. 6. which is auncient demesne will encroch vpon his tenants and distraine them or any of them that hold their lands by Charter fréely to doe other seruices or customes to the same lord then they ought to doe or that their auncestors were accustomed to do this is an oppression of the same tenants and for the redresse thereof all the tenants of the said auncient demesne Manor may haue against their said lord the kings writ of Monstrauerunt directed to the said lord commaunding him thereby that hée shall not require nor cause to bée required of his said tenants more seruices or customes then they ought to doe Fitz. Na. Br. 14. or had wont to doe And if after the said writ directed he will distraine the goods of them or any of them againe to doe more seruices then they ought to doe Then the same tenants or such or so many of them as bee so distrained may procure an attachment against their said lord Fitz. Na. Br. 15. returnable in the K. Bench or common place for this oppression and contempt wherin euery of the same tenants shall recouer his dammages seuerally according to his losse 8 Euery excessiue amerciament which one person doth take of another Oppression by excessiue amerciament is also to be accounted an oppression of the party so amerced for by the Statutes of Magna Charta West 1. St. 9. H. 3. 14 3. Ed. 1 6. it is ordained That no Citie Borough Towne or man shall be amerced but for a reasonable cause and according to the quantitie of his offence and euery fréeman shall bée amerced sauing his fréehold a marchant sauing his marchandize and euery other mans villaine besides the kings sauing his villaine tenure and the same amerciaments shall bee assessed by the oath of honest and lawfull men of the same vicenage So that if one person doe take a much greater amerciament of another then the quantitie of his offence doth require in a Court Baron or other Court which is not of record or doe take that amerciament of his owne authoritie without being before assessed by others vpon their oathes and so maketh himselfe iudge in his owne cause this is an oppression of the party amerced for the redresse whereof the party grieued may procure to be directed to the lord of the said Manor or to his Baylife a Writ of Moderata misericordia which was founded vpon the said stat of Magna Charta commaunding them thereby Fitz. Na. Br. 75. that they shall take a moderat and indifferent amerciament of the same person according to the quantity of his offence And if the lord or his baylife will not then cease to distraine for the said excessiue amerciament the partie so oppressed may haue against the offendor an attachment directed to the Shirife of that Countie where the same Distresse is taken to attach him to appeare in the kings Court and to answere his said offence Oppression by committing of wast 9 The Wast and Estrepement which one person hauing a particular estate in another persons land doth make or commit to the disheritance of him in the reuersion or remainder of the same land without his consent may also be accounted an oppression of him in whom the said inheritance is for when one person doth lease or otherwise conuey his land to another for the terme of life liues or yeares he doth in effect but lend the same land to the sayd particular tenant for the terme betwéene them agréed vpon expecting to haue the same againe at the end of the terme in as good plight and in such sort as it was when he first did deliuer and lend it And therefore if the particular tenant during the continuance of his estate doe commit any wast in the same land he cannot deliuer it againe at the end of his terme in such plight and sort as at the first he did receiue and borrow it but by the wast the perpetuall profit of the land is impaired and therefore of so much in value hée in the reuersion or remainder is disherited And for the preuention thereof by the statute of Marlebridge it was ordained St. 52. H. 3. 24. That Farmors during their termes shall not make wast sale or exile of houses woods or men nor of any thing belonging to the Tenements which they haue in farme without they haue speciall graunt in writing making mention of a couenant that they may doe it And to the intent that condigne punishment might bée prouided and inflicted vpon such as should be transgressors and oppressors in these cases of Wast by the statute of Gloucester it was enacted St. 6. Ed. 1. 5 That a man shall haue an action of Wast in the Chauncerie against him which is tenant by the courtesie of England The tenants forf which cōmitteth wast or otherwise tenant for terme of life or for terme of yeares or against a woman which holdeth in Dower and he which shall bée attainted of Wast shall forfeit the thing wasted and besides shall pay treble so much as the Wast shall be taxed and after by the statute of Westminster the second the same was in a sort confirmed St. 13. E. 1. 14 and the said action of Wast was againe giuen against the foresaid tenants by the courtesie in dower for terme of life or yeares and also ordained to extend against Gardens And by the same statute the proces to be vsed in the said action of Wast was assigned to be Summons Attachment and Distresse and if the party defendant doe not appeare at the distresse then a writ shall be awarded to the Shirife to inquire of the wast by the oathes of twelue men And because diuers persons did let their lands to others sometime for terme of life or anothers life and sometime for terme of yeares and after the said tenants did graunt their estates which they had in the same Lands and Tenements to others to the intent that they in the reuersion viz. their lessors their heires or assignées should not take knowledge of their names and yet the first lessees did continually occupie the said Lands and tooke the profites to
suffer to bée drowned continually a Meddow or other ground demised for it is not lawfull for a particular Tenant to conuert ground to any other vse then hee receiued it as to turne Meddow into arable arable into Wood 29. H. 8. Dyer 37. Wood into Pasture or Meddow arable or Wood into Pooles or Ponds for thereby he doth wrong to the inheritance for his owne profit And likewise it is wast if the Tenant doe suffer the Bankes of the Sea or of a Riuer to be vsually ouerflowne and to decay whereby a Meddow a Pasture 20. H. 6. 1. or other ground which he holdeth for life or yeares that before was fruitfull shall become rushie sedgie or otherwise barren But if he suffer ground set with Saffron to decay or Land Meddow 10. H. 7. 2 Fit N.B. 59 2. H. 6. 10. or Pasture to grow full of Bushes or Thornes or to lye fresh and not manured it is no Wast but euill husbandrie If the owner of a Poole or Pond stored with fish doe assure the same for yeares life or c. and the tenant letteth foorth the water or otherwise fisheth the same and taketh foorth the fish or part thereof and yet leaueth it as sufficiently stored at the end of his terme 7. H. 3. Wast 141. 5. R. 2. Wast 97. Ed. 1. Wast 128. as at the beginning thereof he found it this is no Wast But if hée doe let foorth the water of the said poole or c. and suffer the same to lye continually dry or doe destroy by other meanes the fish therein and doe not repaire it and leaue it as well and sufficiently stored with fish as he receiued it by the view and iudgement of the countrey then it is wast and hée may bée punished therefore by an action of Wast And the same Law is if one doe assure to another for terme of yeares or life a Parke stored with Déere and the tenant destroyeth all the Déere and doth not store the same againe with as many before the end of his terme this is Wast If the tenant for terme of life yeares or c. of a seuerall Pasture or Close inclosed with a Wall Pale or Quick-set hedge 12. H. 8. 1. doe suffer the same to decay it is wast for by the decay of the Wall Pale or Quick-set hedge he hath made it no pasture but layed it in common As concerning wast in houses it is wast Wast in houses and an oppression of him or them in reuersion or remainder if the tenant for terme of yeares life or c. doe willingly pull downe 34. E 3. Wast 145. 3. H. 6. 53. 4. Ed. 3. Wast 22. 21. H. 6. 46. 38. E. 3. 7. 40. E. 3. Wast 90. or negligently suffer to decay a dwelling house or any Hall Parlour Chamber Buttery Kitchin Brew-house Bake-house Day-house Doue-house Barne Stable Oxe-house Kill-house Myll Cottage or any other House Cullice Leantor Edifice or Building being of the value of thrée shillings foure pence which being couered and in good repaire was standing and béeing vpon the ground when the same tenant did or lawfully might haue entred vpon the lands demised in respect of his Lease 17. E. 3. 7. 42. Ed. 3. 22. 17. Ed. 2. Wast 118. or other estate to him assured thereof And also it is wast if any of the particular tenants aforesaid doe during his estate build any new House Floore or Partition vpon any land demised or conueyed vnto him and after hée or his assignées doe pull downe the same againe or suffer the same to fall into ruine and decay for that the House Floore or Partition being builded was once parcell of the inheritance of the Lessor and therefore béeing againe pulled downe or decayed it is to his disheritance But if the Lessor doe build a house vpon the ground so demised or assured 49. Ed. 3. 1. during the estate of the particular Tenant therein and the Tenant doe pull it downe or suffer it to decay it is no Wast for it was not parcell of the thing demised neyther was there any couenant in Law that it should bée repaired And it is Wast if any of the Houses Edifices or Buildings aforesaid bée willingly or negligently burned 19. Ed. 3. Wast 30. 20. Ed. 3. Wast 32. pulled or throwne downe by the Tenant thereof or by any of his Family or Neighbours or by any other person whatsoeuer so that it bée not by the kings enemies Thunder Lightening extreame Wind or Tempest in which cases it is no Wast punishable by the Law 44. E. 3. 34. 43. Ed. 3. 6. 28. H. 8. Dyer 33. 33. H. 6. 1 séeing they were burned or throwne downe by the power and hand of God But it is otherwise if it bée burned or ouerthrowne by Rebels or others against whom the Tenant may haue his remedie and recompence by the Law For in that case it is punishable by action of Wast if it bée not repayred againe within conuenient time If a Tenant for life 44. E. 3. 44. 10. H. 7. 5. 29. H. 8. Dyer 36. 21. H. 6. 2 Fit N.B. 59. 40. Ass p. 22 yeares or c. doe suffer a Pale or a wall of Stone Bricke Timber or Mudde which is couered with Slate Tyle Timber or Thatch to decay or lye vncouered it is Wast But if any House Pale or Wall were ruinous or vncouered at the time when the estate of the sayd Tenant begun and after did decay and fall downe then the tenant is not chargeable therefore in an Action of Wast for hée is bound to kéepe them in none other repaire then he found them If the tenant for yeares or life or c. doe take away a partition or a loft in a house 10. H. 7. 5. 42. E. 3 6. whereby hée doth make two chambers or other two roomes or more but one it is wast for the tenant must maintaine the house and leaue it in such sort as it was demised vnto him and not transpose or alter any part thereof otherwise then hée receiued it And in like sort it is Wast if the said tenant doe take away a Furnace a Bench a Table fixed in the ground a Doore 21. H. 6. 26. or a Window from a house which were there at the time when his estate began for they bée made parcell of the inheritance of the house and were demised with it and cannot bée seuered from it but by him who hath the inheritance thereof And yet if the same were set there by the termor then hée may take them away againe at any time during his terme 20. H. 7. 13. but not after his terme expired And it is Wast if the Tenant doe take away the glasse of the windowes of a house Co. li. 4. 63. for whether the lessor or the lessée did set vp the same glasse and whether it bée set vp with nayles lyme or otherwise the â—ermor ought not to take it away
any person which shall haue shéepe at the time of the marriage by reason whereof the said person shall by such meanes haue aboue the number of 200 then he shall loose no penalty for hauing aboue the number of 2000. shéepe by such meanes so that within one yeare next after such aduancement he do put to sale or otherwise dispose so many of the said shéepe so to him aduanced or els of his owne shéepe that he had before so that aboue one yéere he shall not kéepe haue or occupy by any such means or otherwise by any fraud any more number of them then is before limitted vpon paine before rehearsed If any person by his last Will giue to any child within age any number of shéepe Sheepe giuen by will to a child within age appoint them by his last will to be kept by his executors St. 25. H. 8. 13. or by any other person vntill the foresaid child shall come to a certaine age limitted by his last will then after the death of the Testator the said shéepe so being in possession of the executors or of any other person to the vse of any such child within age for the time that he shall be limitted to haue the said shéepe by the will of the Testator shal not be accounted against the said executors nor any person hauing the shéepe for the intent aforesaid any of the number of the said shéep prohibited by this act Euery person being the kings temporall subiect 25. H. 8. 13 or borne vnder his obeysance Shéepe kept vpon inheritance or fréehold which shall haue or be seised of inheritance in possession or in vse or that shall haue a iointure in vse or in possession or shal be tenant in dower or by the courtesie of or in any manors lands tenements pastures féedings or liberty of foldage within any part of this realme of England Wales or the Marches of the same may haue kéepe maintain vpō the same his own demesn lands all other his pastures féedings fold courses which he so hath as many his own shéepe lambs in number to his own proper behoofe as he lawfully might haue had kept vpon the same at any time before the making of this act In case any such person hauing any such estate in vse or in possession of 25. H. 8. 13 or in any lands He that kéepeth his number vpon his inheritance shall not keepe vpon a farme tenements pastures féedings or liberties of fold courses do kéep vpon the same the number of 2000. shéepe or aboue then he shall not in any wise kéepe or haue any shéepe aboue the number of 2000. vpon any lands pastures or féedings which he shal haue in farme or otherwise vpon pain of forf for euery shéepe besides the said number of 2000. 3. s̄ 4. d. In case the said demesne lands tenements pastures féedings 25. H. 8. 13 liberties of fold courses of any person before rehersed Shéepe kept vpon demesns and farmes suffice not for the féeding pasturing kéeping of 2000. shéepe then any such person may haue or féed vpon the said demesn lands vpon his farme holds which he lawfully may haue to the said number of 2000. shéepe not aboue vpon paine of forf for euery shéepe aboue that number 3. s̄ 4. d. It shal be lawfull to euery person kéeping a houshold 25. H. 8. 13 to haue frō time to time such conuenient number of shéepe Shéepe kept for the maintenance of a mans house aboue the number expressed in this act as shal be necessary for the only expences of his houshold to be prouided kept and fed in and vpon his own lands or other lands such as he lawfully can prouide for in farme or otherwise so that he at no time shall haue for the expence of his houshold or by colour of the same aboue the number to him limitted by this act any number of shéepe moe then shall suffice for the onely expences of his household for one yeare without fraud or couin And it is lawfull for all spirituall persons Spirituall persons to kéepe such and as many shéepe vpon their owne lands and after such manner and none otherwise as they might haue done before the making of this act 20 As it is a thing farre vnfit and not consorting with their function that spirituall persons who ought to liue of the altar and to be chiefely imployed deuoted to the seruice of God the administration of his sacraments preaching of his Word instruction of his people should busie themselues with taking of farmes buying selling for gaine in faires markets occupying of Parsonages or Vicarages by farme or with the vsing or keeping of Tanne houses or Brewhouses So it is an oppression and meanes of impouerishment of other temporall persons who do chiefely or partly liue by the same trades and therfore by a stat made An. 21. St. 21. H. 8. 13 H. 8. it was enacted Oppression by spirituall persons in taking of farmes That no spirituall person shall take to farme to himselfe or to any person to his vse of the lease or grant of the K. or any other person or persons by letters patents indentures writings by word or otherwise by any manner of means any manors lands tenements or other hereditaments for terme of life yeares or at will vpon paine to forf for euery moneth that he or they to his vse doe occupy such farme by reason of such graunt or lease x. l. to the king and him that will sue to be recouered in any of the kings Courts by A.B.P. I. wherein no W.E.P. Oppression by thē in buying and selling And that no spirituall person of what estate or degree soeuer he be shall by himselfe or any other for him to his vse bargaine and buy to sell againe for gaine in any markets faires or other places any manner of Cattell Corne Lead Tin Hides Leather Tallow Fish Wooll Wood or any manner of victuall or marchandize of what kind soeuer they be vpon paine to forfeit treble the value of the things so bought to sell againe to the king and him that will sue to be recouered in any of the kings Courts by A.B.P.I. wherein no W.E.P. But a spirituall person who without fraud buyeth any horses cattell goods c. with only intent at the buying thereof to imploy the same to the necessary apparrell of himselfe his seruants or houshold or for the only occupying or manuring of his glebe or demesne lands annexed to his church or for the necessary expences of his household and after the buying or exercising thereof misliketh the same that they should not be good profitable and conuenient for the purposes abouesaid for the which they were bought then he may lawfully bargain and put them away And also other spirituall persons not hauing sufficient glebe or demesne lands in their owne hands in the right of
diuers euill disposed persons being married did run out of one countrey into another or into places where they were not knowne and there became to be maried hauing another husband or wife liuing to the great dishonor of God vtter vndoing of diuers honest mens children and others therfore by a stat made anÌ„ 1. Felony in marying vntill the former husband or wife be dead Iac. it was enacted St. 1. Iac. 11 That if any person or persons within his Ma. dominioÌ„s of England Wales being maried or which hereafter shall marry do marry any person or persons the former husband or wife being aliue that then euery such offence shal be felony and the party parties so offending shall receiue such the like procéeding triall and execution in such county where such person or persons shal be apprehended as if the offence had bin committed in such county where such person or persons shal be takeÌ„ or apprehended Prouided alwaies that this act shall not extend to any person or persons whose husband or wife shal be continually remaining beyond the seas by the space of 7. yéeres together or whose husband or wife shall absent him or her selfe the one from the other by the space of 7. yeares together in any parts within his Ma. Dominions the one of theÌ„ not knowing the other to be liuing within that time Prouided also that this act shall not extend to any person or persons that are or shal be at the time of such mariage diuorced by any sentence had or hereafter to be had in the Ecclesiasticall Court or to any person or persons where the former mariage hath bin or hereafter shal be by sentence in the Ecclesiasticall court declared to be void and of no effect Nor to any person or persons for or by reason of any former mariage had or made or hereafter to be had or made within age of consent No corruptioÌ„ of blood or disheritance Prouided also that no attainder for this offence made felony by this act shall make or worke any corruption of blood losse of dower or disinherison of heire or heires Infected with the plague 8 By the stat made anÌ„ 1. Iac. it was ordained St. 1. Iac. 31 That if any person or persons infected with the plague shal be by the Maior Bailifes Constables or other head officers of any City Borough Town corporat priuiledged place or Market Towne or by any I. of Peace Constable Headborough or other officer of the county if any such infection be out of any City Borough Towne corporate priuiledged place or market towne commaunded or appointed to kéepe his or their house for auoiding of further infection shall notwithstanding contrary to such commandement wilfully contemptuously goe abroad shall conuerse in company hauing any infectious sore vpon him vncured then such person persons shal be taken adiudged a felon and suffer death as in case of Felony But if such person shall not haue such sore found about him theÌ„ for his said offence to be punished as a vagabond should or ought to be by the stat made 39. El. 4. for the punishment of vagabonds and further to be bound to his or their good behauior for one yéere but no attainder of felony by vertue of this act shal extend to any attainder or corruption of blood No corruptioÌ„ of blood or forfeiture or forf of any goods chattels lands tenements or hereditaments St. 35. El. 1 St. 2. Iac. 25 9 By the stat made AnÌ„ 35. El. it was ordained That if any such offendor Abiuration by a Recusant which by the tenor effect of the said act intituled an act to retaine the Quéens subiects in due obedience is to be abiured shal refuse to make such abiuration as by the said stat is appointed Or after such abiuration shall not goe to such hauen and within such time as is appointed and from thence depart forth of the realme according to the said statute Or after his departure shall returne and come againe into any of the Q. Realmes or Dominions without her speciall licence in that behalfe first had and obtained Then in euery such case the person so offending shall be adiudged a felon suffer as in case of felony without benefit of clergy Prouided that the wife of such offendor by force of this act shal not loose her dower nor that any corruption of blood shal grow or be by reason of any offence mentioned in this act But the heire of such offendor by force of this act shall and may after the death of euery such offendor haue and enioy the lands tenements and hereditaments of such offendor as if this act had not bin made Prouided that no Popish Recusant or feme couert shall be bound to abiure by vertue of this act St. 35. El. 2. 10 By a stat made an 35. El. it was enacted That any such offendor Abiuration of a Recusant which by the tenor intent of the act made to restrain Popiâ—h Recusants to some certaine place or abode is to be abiured shal refuse to make such abiuration or after such abiuration made shal not go to such hauen and wiâ—hâ—n such time as is appointed and from thence depart out of the realme according to this act Or after such his departure shall returne or come againe into any of her maiesties realmes or dominions without her maiesties speciall licence in that behalfe first had and obtained then in euery such case the person so offâ—nding shall be adiudged a felon and shall suffer and loose as in case of felony without benefit of Clergy St. 25. H. 8 6 St. 5. Eli. 17. 11 By a stat ordained anÌ„ 25. H. 8. and made perpetuall an 5. El. it was enacted That the detestable abominable vice of Buggery Buggery committed with mankind or beast shal be adiudged felony and such order forme of proceâ— therein shal be vsed against the offendors as in cases of felony at the common law And the offendors being thereof conuict by verdict confession or â—â—iclary shal suffer such pains of death losses penaltâ—es of goods catteâ—s debts lands tenemeÌ„ts and hereditaments as felons be accustomed to do according to the order of the common law of this Realme And no person offending in such offence No clergy shall be admitted to his Clergy And I. of Peace shall haue authority within the limits of their iurisdiction and commission to heare and determine the same as they haue in cases of other felonies St. 21. H. 8. 7 St. 5. El. 10. 12 By a statute prouided An. 21. H. 8. and made perpetuall AnÌ„ 5. Seruants imbesiling their masters goods El. it was established That all and singular seruants to whom any caskets iewels money goods or cattels by his or their master or mistresse shall be deliuered to kéepe if any such seruant or seruants withdraw him or them from their
a due and accustomed place that is to say once after Easter and another time after the Feast of Saint Michael And because some Shirifes did hold their Turnes in Lent when men should attend their deuotion and other workes of charitie and sometimes after the Gule of August when most men be occupied in felling and carrying in their corne contrarie to the foresaid statute of Magna Charta St. 31. E. 3. 14 therefore by a statute made Anno 31. E. 3. it was enacted That euery Shirife should hold his Turne When the shirife shall hold his Turne yerely once within a moneth after Easter and at another time within a moneth after the feast of Saint Michael and if they hold their Turne in any other manner that then they shall loose their Turne for that time And so An indictment found in an vnlawful time if any man be indicted of Felony or other offence in the Shirifes Turne after the moneth of Easter 38. H. 6. 7. 6. H. 7. 2 and Saint Michael the Indictment shall be void because it is against the forme of this statute for the words of the statute be they shall loose their Turne for this time which is as much as if it had béen said their Turne holden at this time is void And by this statute it doth appeare when the Turne shal be holden to make a good Indictment 3 Because Shirifes did faine diuers times certaine persons to be indicted before them in their Turnes of Felonies and other Trespasses and did apprehend certaine persons that were not culpable nor lawfully indicted and imprisoned them to the intent to exact money from them whereas they were not lawfully indicted by twelue men For the preuention whereof by the statute of Westm St. 13. E. 1. 13 2. made Anno 13. Ed. 1. it was prouided That Shirifes in their Turnes and in other places where they haue authoritie to inquire of Trespasses by the Kings Precept or by their Office shall cause inquisitions to be made of malefactors by twelue lawfull men at the least Shirifes shall inquire by xij lawfull men at the least which shall put their seales to such inquisitions And the said Shirifes shall apprehend those which shall be found culpable by such inquisitions and imprison them as they haue vsed to doe And if they doe imprison any other but such as be indicted by the inquisitions aforesaid they which be imprisoned shal haue their action of false imprisonment against the Shirife as they might haue against any other person that should imprison them without warrant and what is said of the Shirife shall bée obserued of euery Baylife of Libertie 4 Because the said Inquisitions taken by the Shirife should not bee concealed imbesilled or mistaken but that the truth of them should bee shewed to the Iustices when they come to deliuer the Gaole Therefore by the Statute of Anno 1. Edw. 3. it was established St. 1. E. 3. 16 That Shirifes and Baylifes of Franchises Indictments by roll indenâ—ed before the Shirife and all others who take Indictments at their Turnes or elsewhere that Indictments should be made shall take those Indictments by Roll indented whereof one part shall remaine with the Indictors and the other with him that doth take the Enquest So that the Indictments shall not bée imbesilled and that one of the Enquest may shew one part of the Indenture to the Iustices when they shall come to make deliuerance This Statute by generall words doth extend to Stewards in Léetes and all others 5 For that great inconueniences and Periuries were in seuerall Counties of this Realme by false verdicts giuen in inquisitions and inquiries before Shirifes in their Turnes by persons of no substance nor behauiour nor fearing God nor respecting the world by which meanes many persons of seuerall parts of this Realme by the inticement and persuasion of their enemies were wrongfully indicted and some others which ought to haue béene indicted by such procurement Of what sufficiency Iurors returned in the Shirifes Turne shal be were spared For the auoiding whereof by a Statute made Anno 1. R. 3. it was enacted That no Bayly St. 1. R. 3. 4 or other Officer shall returne in any pannell any such person in any Countie within this Realme of England to be taken or put in or vpon any such inquirie in any of the said Turnes but such as be of good name and fame and haue lands and tenements of fréehold within the same County to the yearely value of twenty shillings at the least or otherwise Lands and Tenements holden by the custome of the Manor commonly called Copyhold within the said Counties to the yearely value of six and twenty shillings eight pence at the least And if any Bayly or other Officer within the said Counties shall returne or impannell any person contrary to this ordinance he shall loose for euery person so impanelled or returned not being of the sufficiencie aforesaid so often as he shall offend forty shillings and the shirife other forty shillings whereof the one halfe shal be to the King and the other to such as will sue for the same And euery person that will sue for himselfe shall haue seuerall actions of Debt at the common Law as well against the Shirife as against the Bayly And like and the same Proces shal be had and vsed in those actions as be had and vsed in other actions at the common Law and no Protection or Essoine shal be allowed therein and euery such Indictment otherwise taken before the Shirife in his Turne shall be void which foresaid statutes were made to auoid the corrupt and euill demeanor of Shirifes and other officers which take Indictments in shirifes Turnes and Léets 6 Because diuers persons were greatly vexed and troubled by the inordinat and immeasurable Indictments and Presentments as well of Felonie and Trespasses as of other things which were taken and vsed before shirifes their Vndershirifes Clerkes Baylifes and other Ministers at their Turnes or Law-daies holden before them seuerally in their Counties Which indictments and Presentments were often affirmed by Iurors hauing no conscience nor fréehold and small wealth and sometime by the meniall seruants and Baylifes of the said Shirifes or Vndershirifes By reason of which Indictments and Presentments many people were attached arrested and put in prison by the said Shirifes their Vndershirifes Clerkes Baylifes and Ministers and then they were constrained to pay vnto them great fines and ransomes to deliuer them out of prison and also the said Indictments and Presentments were imbesilled withholden and concealed And further the said Shirifes and other Officers had amongst themselues the awarding of Proces vpon such Indictments when they were found and the assessing of fines So that all the corrupt misdemeanors sought to be reformed by the before specified statutes were little or nothing amended And therefore for the reformation of the enormities aforesaid St. 1. E. 4. 3. by
shal take an oath which is his abiuration The oath of abiuration in this manner viz. Heare you this Master Coroner Bracton Britton That I A.B. am a théefe of two beasts or a killer of a man and a felon of the kings of England and because I haue committed many offences and thefts in this Realme I doe abiure the Kingdome of our Soueraigne Lord King Iames And I must make haste towards the port of S. which thou hast giuen mee And I must not goe out of the high waie and if I doe then I yéeld to bee taken as a théefe and felon of our Soueraigne Lord the Kings at the port I will diligently séeke passage and will not tarrie there but one flowing and ebbing if I may haue passage And if I cannot haue passage in this time I will go euery day vp to the knées into the sea assaying to passe ouer And if I cannot do it within fourtie daies together I will returne to the Church as a thiefe and felon of our soueraigne Lord the King So helpe me God c. And notwithstaÌ„ding the words of the said oath the offendor not the Coroner ought to make the election of the port whither he will goe where he will make his passage and he must make his abiuration at the dore of the Church-yard Fi. Cor. 407 Britton 11 He that doth abiure the Realme must haue vpon him but his coate The attire of an abiured person his shirt and his bréeches and his head shal be vncouered he must carrie a crosse in his hand which as Polidore saith is a token that his life is saued by religion and whatsoeuer he hath beside is forfeited to the King and neither the Coroner nor any of his seruants shall take any thing of the offendors for their fée St. 9. E. 2. 10 12 By the Statute of Lincolne made anÌ„ 9. E. 2. The vsing of persons abiured They they that abiure the Realme so long as they be in the high way shal be in the Kings peace and bée troubled of no man And whilest they be in the Church their kéepers shall not tarie in the Church-yard except necessitie or perill of escape doe require it and so long as they be in the Church they shall not be compelled to depart but may haue those things which be necessarie for their liuelihood and may go forth to discharge nature 7. H. 7. 7. Fi. Cor. 14 But if an abiured person be molested in the high way and drawne out of the way and imprisoned yet that will not excuse him when he is againe at libertie if he doe not within conuenient time after his libertie returne to the way leading him to the port or place whereunto vpon his abiuraration he made choice to goe But if he doe goe out of the high way vpon ignorance or to ease nature that shall not hurt him so that he doe returne to the high way in conuenient time or doe his good will to returne 13 After abiuration if the offendor doe any thing contrarie to his oath After abiuration broken death viz. contrary to his abiuration he shal be put to execution vnlesse he be a Clerke and in that case shal be saued from death by his Clergie because the Prelates and Clergie did complaine in Parliament that though a Clerke ought not to be iudged by a temporall Iudge nor any thing may be done against him that concerneth life or member neuerthelesse temporall Iudges caused Clerks flying vnto the Church and confessing their offences to abiure the Realme and for that cause admitted their abiurations although hereupon they cannot bée their Iudges and that so power was wrongfully giuen to Laie persons in the punishment of such Clerks And if such should chance after to returne into the Realme the said Prelates and Clergie desired such remedie to bee prouided therein that the immunitie or priuiledge of the Church may be preserued vnbroken St. 9. E. 2. 15 Vpon which request by a Stat. made anÌ„ 9. E. 2. intituled Articuli cleri it was enacted That a Clerke flying to the Church for felonie to obtaine the priuiledge of the Church shall not be compelled to abiure the realme but yéelding himselfe to the law of the realme shall enioy the priuiledge of the Church according to the laudible custome of the Realme heretofore vsed Which said Statute being but a rehersall restoring and confirmation of the common law is thought not to be repealed by the words of the foresaid stat of 1. Iac. â—â— 1. Iac. 25. And so it appeareth by this stat that if he which doth flie to a Church will say that hée is a Clerke A Clerke need not abiure he shall not be compelled to abiure and if he doe abiure of his own good will and thereby doth lose his lands yet to saue him from execution hee shall haue his Clergie S. St. 28. H. 8. 1. Clergie 5. Where no felonie no abiuration for felonie 14 A maried wife béeing desirous to bee deliuered from her husband Fi. Cor. 425 did flie to a Church and acknowledged a felonie where she neuer had committed any felonie and desired to abiure and her husband vnderstanding of it came to her and then shée fled out of the Church and escaped and towne or person were amerced for this escape for there could no felon escape where no felonie was committed Neither can there be any abiuration where no felonie is committed And therefore an offendor cannot abiure for petit larcenie Br. Cor. 182 The abiured pleadeth that he is not the same person 15 He that doth abiure and is taken againe and arraigned Fi. Cor. 124 may plead that he is not the same person which did abiure and then that shal be tried by the Coroner who tooke his abiuration Or hee may plead the Kings pardon The Kings pardon granted to him of the felonie and abiuration 9. E. 4. 28. for if the pardon make no mention of the abiuration it is not good S. Pardon 7. A Recusant vsing conuenticles shall abiure the realm 16 By the statute of anÌ„ 35. El. it was ordained St. 35. El. 1 that if any person or persons aboue the age of sixtéene yeares which shall offend against the said Acte in persuading others to impugne the Quéenes Ecclesiasticall lawes shall not within thrée moneths after they shall be conuicted for their said offence conforme themselues to the obedience of the Lawes and Statutes of this Realme in comming to Church to heare diuine Seruice and in making such publike confession and submission as in the said Act is expressed béeing thereunto required by the Bishop of the Dioces or any Iustice of the Peace in the same countie where the said person shall happen to be or by the minister or Curat of the Parish In euery such case euery such offendor béeing thereunto warned or required by any such Iustice of
in any dwelling house or houses or to do or commit any robberie in or néere any highway in the Realme of England or in any other the Quéenes Dominions or to commit or doe any robberie in any place within the Marches of England against Scotland or wilfully to burne any dwelling house or any part therof or any barne then hauing corne or graine in the same then euery such offendor and offendors and euery of them being outlawed of the same or being thereof arraigned and found guiltie by the order of the law or being otherwise lawfully attainted or conuicted of the same offence or being arraigned thereof do stand mute of malice or froward mind or doe challenge peremptorily aboue the number of xx persons or will not answer directly to such offence shall not haue the benefit of his or their clergy Euery Lord and Péere of the realme hauing place and voyce in Parliament vpon euery indictment for any of the offences aforesaid shall bee tryed by his Péeres A man was indicted of the robberie of another in his mansion house P. 2. Eliz. Dyer 183. he being in his house and put in feare And another was indicted for that he did feloniously before the sayd robberie procure and counsell the principall to commit the sayd robberie in which indictment of the accessorie this word malitiously was omitted Malitiously omitted in the indictment for the default of which word this accessorie had his clergie for this word malitiously shall haue relation to all the aforesaid offences of Petit treason murder robberie and burning of houses 30 By the before specified Statute of Anno 1. Ed. 6. St. 1. E. 6. 12 Where a Lord of the Parliament shal haue the benefit of his Clergie among other things it is enacted That in all and euerie case and cases where any of the kings subiects shall and may vpon his praier haue the priuiledge of Clergie as a Clerke conuict that may make purgation in all those cases and euerie of them and also in all and euerie case and cases of felonie wherein the priuiledge or benefit of Clergie is restrained excepted or taken away by this Statute wilfull murder and poysoning of malice prepenced only excepted the Lord and Lords of the Parliament S Br. 24. and Péere and Péers of the Realme hauing place and voice in Parliament shall by vertue of this Act of common grace vpon his or their requests and prayer alledging that he is a Lord or Péere of this Realme claiming the benefit of this Act though he cannot read without burning in the hand losse of inheritance or corruption of his bloud be adiudged déemed taken and vsed for the first time onely to all constructions intents and purposes as a Clerke conuict which may make purgation without any further or other benefit of Clergie to any such Lord or Péer from thenceforth at any time after for any cause to be allowed adiudged or admitted Any law custome statute or other thing to the contrarie notwithstanding By this Statute a Lord of the Parliament shall haue the priuiledge of his Clergie where a common person shall not viz. for the breaking of a house by day or night or for robbing of any in the highway and in all other cases excepted in the sayd statute of Anno 1. Ed. 6. sauing in wilfull murder and poysoning But in all other cases wherein Clergie is taken away by any statute made sithence the sayd statute of Anno 1. Ed. 6. he is in the same degrée that a common and inferiour person is But the Court will not giue him the benefit of this statute if he doth not require it If a Lord of the Parliament doth confesse his offence vpon his arraignment or doth abiure or is outlawed for felony it séemeth that in these cases he may haue the benefit of this statute viz. his Clergie for that by the Statute of 18. Elizab. 6. hée nor any other need to make his purgation but shall bée forthwith deliuered out of prison by the Iustices sed quaere 31 In all the foresaid cases of wilfull murder breaking of houses The indictment must beē according to the statute robbing in or néere the highway buggerie stabbing and such like where a man is put out of his Clergie by statute it is necessarie that in the indictment mention should he made of the offence in such manner as the same offence is expressed in the statute P. 9. Eliz. Dyer 261. or otherwise the offendor shall haue his Clergie for if the indictment be onely murdrauit without adding ex malitia praecogitata the partie meant to be indicted of wilfull murder shall haue his Clergie and so of all the residue for his attainder or conuiction is vpon the matter contained in the appeale or indictment and if in the appeale or indictment no matter is contained which doth put him out of his Clergie then it cannot be sayd that hée is attaint or conuict of any matter contained in the Statute which should cause him to loose the benefit thereof And the Iudge is to haue speciall regard and consideration when those words be put into the indictment that they which do giue euidence do proue the same words well and substantially The words of the indictment to be proued as well as the principall fact and if they doe not the Iudge is to admonish the Iurie thereof viz. that there is no proofe of those words by the euidence and that therefore they are not bound to find them if they doe not know them of their owne knowledge Or otherwise for default of good examination the life and lands of any man may be lost by the malice of another which will put false words in an indictment that cannot be proued by euidence When Clergy shal be demanded 32 By the auntient law of the Realme if a Clerke of any order or dignitie had béene taken for the death of a man or other felonie or offence and imprisoned and the Ordinarie had demaunded him Bracton the temporall Iudge ought to haue deliuered him presently to the Ordinarie his Officiall or to some other by his warrant without inquiring of him viz. before his indictment Not to the intent that the Ordinarie should set him at libertie but kéepe him in prison vntill the offendor were purged of his cryme For it was then holden for law that the King could not kéepe him in prison whom hée could not iudge neither could hée disgrade any of his Clergie because hée could not admit any to his Clergie But because the Statute of Westminst 1. St. W. 3. E. 1 doth ordaine That they which bée indicted of Felonie in the Kings Court by the solemne othe of lawfull witnesses shall bée deliuered to the Ordinarie vpon his request according to the priuiledge of holy Church but yet in no manner without due purgation Fitz. Cor. 233. 386. 417. M. 40. E. 3 42. Therefore they that came after this Statute chaunged
possession in law and not in déed notwithstanding the death of him which is attainted But by the stat of an 33. H. 8. the king shal haue the lands St. 33. H. 8. 20. goods cattels and all other things of the offendors attainted of high Treason without any office the words of which stat be these viz. If any person or persons shal be attainted of high Treason by the course of the common lawes or statutes of this realme in euery such case euery such attainder by the common law shal be of as good strength value force and effect as if it had bin done by authoritie of Parliament And the K. his heires and successors shall haue as much aduantage by such attainder as well of vses rights entries conditions possessions reuersions remainders and all other things as if it had bée done and declared by authoritie of Parliament and shal be déemed and adiudged in actuall and real possession of the lands tenements hereditaments vses goods chattels and all other things of the offendors so attainted which his Highnes ought lawfully to haue and which they so being attainted ought or might lawfully loose and forf as if the attainder had bin done by authoritie of Parliament without any office or inquisition to be found of the same Any law statute c. notwithstanding By force of which stat the King shall be in actuall and reall possession of those lands which do escheat vnto him by any attainder of high Treason An office of those lands which do escheat for felonie without any office or inquisition thereof found though for those lands which do escheat vnto him by any attainder of felonie there must be an office found for him before he can enter according to the antient course of the common law Forf of title of Dower 54 By the common law any man attainted of Treason or felonie should haue forfeited that title which his wife had by their espousals to be endowed of his lands to the intent that if the care of his owne life could not stay him from the committing of felony or treason yet the loue which he did beare to his wife and children should restrain him therof whom he was assured by that wicked act to vndoe and vtterly to depriue them of all likelihood wherewith to maintaine them And some do affirme that this law was at the first deuised to punish the wise and to auoid her dower for that it was intended that the wife gaue consent vnto or at the least did know of the Treason or Felonie which her husband committed and either by intreatie persuasion or some other meanes might haue withdrawne him from it But the common law in that case is altered by the stat of Anno 1. Ed. 6. St. 1. E. 6. 12 whereby it is enacted That albeit any person or persons of what estate condition or degrée he or they be shal fortune to be attainted conuicted or outlawed of any Treason petit Treason Misprision of treason Murder or Felony whatsoeuer yet that notwithstanding euerie woman that is or shall fortune to be wife of the person so attainted conuicted or outlawed shal be endowable and enabled to demaund haue and enioy her dower in like maner and forme as though her husband had not béene attainted conuicted or outlawed Any statute law custom c. notwithstanding But after some part of the foresaid stat of Anno 1. E. 6. was altered by a braunch of a stat St. 5. 6. E. 6. 11. made Anno 5. 6. Ed. 6. whereby it was prouided and enacted That the wise or wiues whose husband or husbands hereafter shal be attainted of any Treasons whatsoeuer they be shall in no wise be receiued to aske challenge demand or haue dower of any the lands tenements or hereditaments of any the person or persons to be attainted of treason as is aforesaid during the said attainder in his force And yet sithence the foresaid stat of 5. 6. Ed. 6. it was specially prouided and ordained by the stat made Anno 5. El. 1. Anno 5. El. 11. An. 18. El. 1. That the husbands attainder of treason by force of any of the foresaid stat should cause no forf of dower in the wife S. Br. 27. Br. Appeale 117. Fitz. Iudg. 225 Plo. Com. 261. 55 If in an Appeale the Appellée do wage battell What the Appellée that wageth battell shall forf and the Appellant doth slay him in the field the Appellee shall forf all his goods chattels but his land shall not escheat for inheritance is so greatly fauoured that it shall not be forf without attainder by iudgement But if the Appellant do vanquish the Appellee then his land shal be forf for when he is vanquished and not killed iudgement shal be giuen that he shal be hanged and by that meanes he shall forf his land 6. H. 8. Dyer 2. 56 If a man seised of land in fée A rent charge pro consilio not forfeited doth grant a rent charge out of the same to another for the terme of the life of the grantee pro bono cōsilio suo impendendo with clause of distres within the same land if the grantée of this rent charge be attainted of treason and committed to prison yet hee shall not forf this rent charge to the K. for it is incident to the cause for the which it was giuen viz. to the counsell to be giuen by the grantée to the grantor which was a trust that the grantor reposed in the grantée to giue him counsell which trust the grantée cannot assigne or forf to another And though the grantée of this rent charge be attainted of treason and imprisoned yet the grantor may come or send to him for his counsel and he may giue it him and so there wil be no fault in him But if a man do purchase a rent charge for the time of his life out of another mans lands in consideration of a summe of money paid by the grantée to the grantor and after the grantee is attainted of treason or felony the same rent charge shal be forf to the K. and paid to him during the life of the grauntée S. Br. 27. The forfeitures of an Outlaw 57 Out of all which foresaid forfeitures Bracton de coron̄ c 13 the words of Bracton may be verified who writeth That a man outlawed or otherwise attainted of Treason or Felony shall forfeit his coūtrey and kingdome and shall become a banished man who in English is called an Outlaw And in former times he hath béene tearmed a Friendlesse man and so he hath séemed to forfeit his friends for if any man after his Outlary doth willingly féed him receiue him kéepe company with him or hide him he shal be punished in the same sort that the Outlaw shall Also he shall forfeit all things which be peaceable séeing that from the time he is an Outlaw he carieth a Wolues head so
enacted That the wife or heire of any person murdered or slaine Iudges in appeale of murder or manslaughter as case shall require may commence their Appeale in proper person at any time within the yere after the felony done before the Sherife Coroners where the said felonie and murder was done or before the King in his Bench or Iustices of Gaole deliuerie 9 To the intent to inable the Iust Iustices of Nisi prius Iudges in felonie treason of Nisi prius to giue iudgement of such persons as be either attainted or acquit of treason or felonie by a stat made an 14. H. 6. it was established St. 14. H. 6. 1 That the Iust before whom Enquests Inquisitions and Iuries shal be taken by the K. writ of Nisi prius according to the form of the stat thereof made shall haue power of all the cases of felony and of treason to giue iudgement Though this stat of 14. H. 6. doth giue authoritie to Iustices of Nisi prius to giue iudgement as wel vpon acquital 10. Ed. 4. 14 as vpon attainder of treason or felonie notwithstanding if in an Appeale the defendant bée acquit before them they cannot award damages against the plaintife Awarding of damages and inquiring of abettors nor inquire of abettors for their power by this stat extendeth but to treason and felonie onely wherof they may giue iudgement and of nothing else for the awarding of damages and inquiring of abettors doth yet remaine as it was at the common law St. 33. H. 8. 23. 10 By the stat of Anno 33. H. 8. it is ordained Iudges of murders by speciall commission That if any person or persons being examined before the K. Counsell or thrée of them vpon any maner of murders do confesse any such offences or that the said Counsell or thrée of them vpon such examination shall thinke any person so examined to bée vehemently suspected of any murder then in euery such case by the kings commandement the K. Commission of Oyer and Terminer vnder the great Seale shal be made to such persons and to such Shires or places as shal be appointed by his Highnesse for the spéedie tryall conuiction or deliuerance of such offendors which Commissioners shall haue authoritie to inquire heare and determine all such murders within the Shire and places limited by their Commission by such good and lawfull persons as shall bee returned before them by the Sherife his minister or other hauing power to returne writs proces for that purpose in whatsoeuer other Shire or place within the K. dominions or without such offences were cōmitted But Péers of the realme being indicted of the said offence shall be tried by their Péeres This stat was also made for the triall of treasons and misprision of treasons by speciall commission But by the stat St. 1. 2. P. M. 10. of an 1. 2. P. M. it was enacted That all trials to bee made for any treasons shal be only vsed according to the course of the common law 11 Where Traitors Pirats Théeues Robbers Murderers and confederators vpon the Sea many times escaped vnpunished because the tryall of their offences hath heretofore béene ordered iudged and determined before the Admirall or his Lieutenant or Commissarie after the course of the Ciuile lawes the nature whereof is that before any iudgement of death can be giuen against the offendors either they must plainly confesse their offences which they will neuer doe without torture or paines or else their offences must be so plainely and directly prooued by witnesses indifferent such as saw their offences committed which cannot bée gotten but by chaunce at few times because such offendors commit their offences vpon the Sea and many times murder and kill such persons being the ship or boat where they commit their offences which should bée witnesse against them in that behalfe and also such as should beare witnesse bee commonly Mariners and shipmen which because of their often voyages and passages vpon the Sea depart without long tarrying and protracting of time to the great costs and charges as well of the King as such as would pursue such offendors For reformation whereof by a Statute made Anno 28. H. 8. it was enacted That all Treasons St. 28. H. 8. 15. Felonies Robberies Murders and Confederacies committed in or vpon the Sea or in any other Hauen Riuer Créeke or place where the Admirall or Admirals haue or pretend to haue power authoritie or iurisdiction shall bee inquired tryed heard determined and iudged in such Shires and places in the Realme as shall bée limited by the Kings Commission or Commissions to be directed for the same in like forme and condition as if any such offence or offences had beene committed or done in and vpon the land And such Commissions shall bee had vnder the great Seale directed to the Admirall or Admirals Iudges in piracie where the Admirall hath iurisdiction or to his or their Lieutenant Deputie and Deputies and to three or foure other such substantiall persons as shall bee named or appointed by the Lord Chauncellor for the time being from time to time and as oft as néed shall require to heare and determine such offences after the course of the common lawes of this land vsed for Treasons Felonies Robberies Murders and Confederacies of the same done and committed vpon the land within the Realme And such persons to whome such Commission or Commissions shall bee directed or foure of them at the least shall haue authoritie to inquire of such offences and euerie of them by the othes of twelue good and lawfull inhabitants of the Shire limited in their Commission in such manner and forme as if such offences had beene committed vpon the land within the same Shire And euerie Indictment found and presented before such Commissioners of any Treasons Felonies Robberies Murders Manslaughters or such other offences committed or done in or vpon the Seas or in or vpon any Riuer Hauen or Creeke shall be good and effectual in the law And if any person or persons happen to be indicted for any such offence done vpon the Seas or in any other place aboue limited then such order Proces Iudgement and execution shal be vsed had done and made to and against euerie such person and persons so being indicted as against traitors felons and murderers for treason felonie robberie murder or other such offences done vpon the land as by the law of this Realm is accustomed And the trial of such offence or offences if it be denied by the offendor or offendors shal be had by xij lawfull men inhabited in the Shire limited in such commission which shall be directed as is aforesaid No challenge for the hūdred and no challenge to be had for the Hundred And such as shal be conuict of any such offence or offences by verdict confession or proces by authoritie of any such commission shall haue
hath possession sueth a Writ of Forcible Entry 21 Forcible entry of a Rent or Common 22 Forcible entry to the vse of another Forcible detaining by words onely 23 Iointenants or Tenants in common expelling each other by force 24 Who may bring a Writ of Entry vpon the Statute of 5. Richard 2. 25 Turning a water-course by force 26 The plea of not guiltie in Forcible entry The finding of the speciall matter doth charge or discharge the defendant of force Presentment of Forcible entry 27 One action for entring and detaining with force 28 A writ vpon the Statute of North-hampton 29 What shal be said to be force Force by number of seruants Force by number of weapons 30 Who may make a Forcible entry 31 What force is lawfull to the persons of men 32 Where the house of a man may be broken by force where not 33 A particular person may defend himselfe and his by force 34 The Writ of Vi laica remouenda 35 Where force shal be remoued for the K. Incumbent where not Forgerie Fol. 43. 1 Forgerie Periurie and Maintenance doe tend to the breach of the Peace 2 The enormitie of Forgerie A repeale of former Statutes of Forgerie 3 Forging of deeds whereby anothers landes shall bee troubled 4 Forging a deed whereby a lease or annuity may be claimed 5 Seuerall remedies against a forger 6 A forger not twice punished for one offence 7 The plaintifes release of forgerie shall only discharge his own remedy 8 The punishment for the second offence of forgery 9 The Iustices of Assise shall heare and determine forgery 10 Forging of deedes before the statute of 5. El. Pleading of a forged deed made before the said statute 11 Persons not chargeable of forgerie by the said stat of 5. El. 12 Forging of a customarie booke 13 The proces to leuie costes and damages of a forger 14 The kings pardon of forgerie 15 Forging of a Testament 16 Inserting more in a wil then is directed 17 Pleas in barre of forgerie 18 Where one shall haue an action of Forgery though he hath but a right to the land 19 Where no title to land lease c. no action of forgery 20 Forging of a deed touching iointenants lands 21 One sealeth a deed by anothers commaundement 22 One forgeth a deed and another doth publish it 23 Forgery by antedating of a deed 24 Getting of other mens goods by forged letters or tokens 25 Suspected persons of that kind of forgerie called before the Iustices 26 Forging of a Testimoniall Periurie Subornation Fol. 48. 1 Truth is to be tried by the oathes of men The credit of an oath 2 What sorts of persons are to be deposed and what not 3 All the parties to the execution of iustice sworne Causes of suspition in Sherifes in impanelling of Iurors 4 Euery Iuror ought to be an honest and lawfull man Challenges of Iurors suspected 5 A witnesse cannot be a Iuror 6 Periury suspected by deliuery of his verdict before hand 7 Periury suspected by lying at the charge of one of the parties 8 Periury suspected by beeing an arbitrator in the cause in question 9 Periury suspected by combination 10 Periury suspected if one of the parties and a Iuror bee in suit of law 11 Periury suspected for that the Iuror passed against him before 12 Periurie suspected in respect of subiection or gouernement 13 Periurie suspected in respect of alliance kinred or profit One godfather to the others child 14 Periury suspected in respect of ignorance of the cause Want of Hundredors Want of the View 15 Periurie suspected in respect of the pouertie of the Iurors 16 The iudgement in an Attaint at the common law against a Iury proued periured 17 The iudgement in an Attaint in London An Attaint where the thing in question amounteth to 40. poūds and where not 18 The meaning to commit Periurie punished Decies tantum Embraceors 19 The punishment of Periurie committed by an Enquest in Wales 20 Periury committed by witnesses A witnesse vpon proces serued shall appeare 21 The penalty for procuring of vnlawfull Periury 22 The penalty for committing of wilfull Periury 23 In what Courts Periurie shal be punished 24 Proclamation of the statute of Periury 25 Periury punished in the spirituall Court 26 Periurie punished in the Starre-chamber 27 Periurie punished in Bankrupts Periury committed by witnesses for Bankrupts 28 Periury committed vpon an indictment of Riot Periury vpon an indictment of Felony 29 Periury in prouing a Suggestion for a prohibition 30 A suit vpon Periury in the Chauncerie 31 Where Periury shall be punished in the temporall court and where in the spirituall Maintenance Champertie Embracerie and buying of Titles Fol. 56. 1 What Maintenance is and the enormitie thereof 2 Maintenance by men of authority 3 Maintenance by combination Maintenance by Noblemens officers 4 Maintenance by champerty Who be champertors Pleaders may giue counsell for their fees The punishmēt of champertors 5 What is Champerty and what not 6 Maintenance by Embracery Maintenance by Iurors The penalty of maintenance in Iurors and Embraceors 7 Maintenance punished by the writ of Decies tantum 8 Maintenance by Ambidexter 9 Maintenance of suits in law and the penalties thereof 10 Maintenance by buying of pretenced Titles 11 What is selling of a pretenced Title What is a pretenced Title 12 Maintenance by giuing of liueries and retaining of seruants or officers 13 The publishing inquiring of and punishment of Maintenance 14 Why the pursuing of maintenance is left out of the statute of 18. Eliz. 15 Assurances to haue maintenance void Lands gotten by force assured to haue maintenance 16 What maintenance is punishable and what iustifiable 17 It is no maintenance in a Iuror for giuing of his verdict Maintenance in a Iuror by suing for iudgement 18 What is Maintenance in a Iuror and what not 19 Maintenance by speaking of words Maintenance by comming to the barre with one of the parties 20 Maintenance by giuing of money to labour a Iury. 21 What is maintenance in witnesses and what not 22 Maintenance by procuring of an Indictment 23 What is maintenance in a Mainpernor 24 Maintenance in respect of his interest in the land Maintenance in respect of his possibility to haue the land Maintenance in respect of his warranty 25 Maintenance in respect of his rent A Lord may maintaine his tenant 26 Maintenance in respect of his debt 27 Maintenance in respect of his title to goods Maintenance by detaining of a writing deliuered in trust 28 Maintenance in respect of his ioint estate with others Maintenance by all the inhabitants of a parish 29 Maintenance of the poore in their suits Clerkes Counsellours and Atturneyes assigned to aid the poore 30 Maintenance in respect of kinred or alliance Vnlawfull maintenance is continuall during that suit Maintenance in respect of Gossiprie 31 Maintenance in respect the party could not speake English 32 Maintenance in a professor of the Law 33 Maintenance by an Atturney 34