Detinue 21 H. 6. fol. 43. is That an action of wast doth not lye against Tenant at will which makes wast but trespasse 41 Ed. 3. f. 24. Where a Miller takes more tole then he ought action upon the case lies against him and not trespasse 2 Ed. 4. f. 5. If my Servant of a shop which hath power to sell gives my Wares it seems that I shall have trespasse against the Donee Tenant at will may cut Trees seasonable but if he cut great Trees wast doth not lye but action upon the case Tenant at will of a Mine may take the Oare and sell it 12 Ed. 4. f. 8. He which holds at will hath that at the will of both and Debt lieth for the Rent reserved 20 Edw. 4. fol. 9. If the Lessee at will sow the Land and after be outed he shall have the Crop but if he be outed after the plowing and before the sowing he shall loose the Costs of plowing and the compost of that 11 H. 4. fol. 90 Tenant at sufferance Who is Tenant at sufferance and who not and what acts he may do TEnant at sufferance is where one of his own head occupies my Land and claims nothing but at my will and release to him is not good Littleton f. 108. There is no Tenant at sufferance but he which first enters by authority and Lawfully as a man lets for yeares or for anothers life and holds in further after the Lease expired or after the death of him for whose life time of H. 8. tit Tenant by copy 15. Tenant at sufferance is when Lessee for yeares after the tearm ended occupies the Land by consent of the Lessor without a Lease at will 21 H. 6. f. 42. Tenant at sufferance may distrain doing dammage upon the Land and yet release made to him is not good 4 H. 7. f. 3. and he may have trespasse Villainage For that that in the fifth Article villainage is to be inquired in Leet and in Court-Baron and is to be inquired who is Villainof the Kings Somthing shall be said touching that and first how they began and where the Lord may seise and have them and how their Goods and Chattells and other things and how contrary and how not VIllaines began after Noahs Flood that is when all things were in common and when they increased and also were taken in Battells and one kil'd another to avoid this mischeife it was ordained that none should kill another but those which they overcame should be their Villaines to use at their pleasure but not to kill them Britton f. 77. If the Villaine buy Goods and sell them or give them to another before the Lord seise them then the Lord cannot seise them nor have them otherwise it is of the Kings Villaine Littleton f. 39 Lord and Villaine the Lord is indebted to one which makes the Villaine his Executor the Villaine shall have Debt against his Lord and the Lord cannot seise and have the Goods which the Villaine hath as Executor 3 H. 4. f. 15. the same 47 Ed. 3. f. 16. Littleton f. 41. and 21 Ed. 4. f. 50. Old Tenures 2. If a Villaine dy before the Lord seise his Goods or claim by word the Lord cannot seise them not have them but his Executors 3 H. 4. f. 17. If a villaine purchase Lands and alien them before that the Lord enter or buy Goods and sells them before that the Lord seise them the Lord shal not have them Lit. f. 39. If the Lord seise Goods and deliver them to the Villain again if they be taken from him the Lord may have trespasse or take and seise them again and have them 11 H. 4. f. 2. Lit. f. 39. If he seises parcell of the Goods in name of all that suffices forâ—ll The Lord hath possession of Goods of his Villaine by Seisure of land by entry of Rent Reversion and Advowson by claim Perkins f. 6. Littleton 40. The Lord cannot seise his Villaine in the presence of the King and yet after he may have him 27 Book of Ass 49. If my Villaine Infant be in ward of one by reason that he holds of him by Knights service I may enter and seise the Infant and out the Guardian and shall have him 40 Book of Ass 7. The Lord cannot take and seise his Villaine out of the service of another which hath retained him unlesse that he hath more Servants but he may seise the Goods 39 R. 2. tit action upon the case 52. The Lord may take the Rent which a Villaine hath in possession but not a thing in action as obligation of Debt or Covenant What is infranchisement and what not IF a â—ree-man marry his she Villaine she is infranchised Little fol. 41. And that their Issue is free 46 Ed. 3. fol. 4. If a she Villaine marry a Free-man she is made free for ever and shall not be a Villaine again unlesse by a speciall act afterwards as being divorced or acknowledgeth her self a she Villain in Court of Record â—itzh fol. 78. G. 33 Ed. 3. f. 187. Statham is that shee is infranchised but during the marriage If a Villaine woman marry a Free-man she and all her Issue have a free Estate for ever and a Villaine becomes free if he marry his Mistris the same Law if a she Villaine marry her Lord Brit. f. 78. a. If a Villaine dwell in ancient Demesne of the King by a year and a day without claime he is infranchised Fitzh f. 79. A. But there held if he dwell in the ancient Demesne of another Lord then the King by a yeare and a day without claime he is not infranchised 39 H. 6. tit 20. and 39 E. 3. f. 6. If the Lord and his Villaine vouch together where the Villaine hath purchased Lands if he be not from all benefit shut up being called to warranty it is an infranchisement 33 H. 6. f. 1. The Reversion is granted to a Villaine and his Lord being Tenant for life attornes this doth not infranchise the Villaine for the Lord gives nothing to the Villaine and he cannot otherwise have the Reversion 11 H. 7. fol. 13. If a man infranchise his Villaine with the whole sequell it behoveth to be for those created and to be created some born before that infranchisement is not made free 15 H. 7. f. 14. Though the Lord make Attorney where his Villaine is Plaintiff it is no infranchisement 22 Book of Ass 4. 29 Ed. 3. f. 24. the same If the Lord suffer his Villaine to be sworn of a Jury in the Kings Court it is an infranchisment Britton fol. 83. Villaine shall not be infranchised for that his Lord sues a Recordare upon a plaint of Replegiare 5 Ed. 3. f. 187. Statham Tenant in taile of a Mannor to which is a Villaine regardant aliens the same Land to the Villaine and dies The Issue recovers the Land against the Villaine yet he may after seise the Villain and he is not infranchised notwithstanding that
which abjured and for which he is hanged and for that it is said if one rise against the King and is slain that he shall not forfeit his Lands untill he be afterwards attaint by Parliament as in use 7 H. 4. fol. 33. the same 7 H. 4. fol. 48. See Stamford fol. 49. The King shall have yeare day and Waste and Chattells forfeited Fitzh 144. It seemeth that the King shall have yeare day and waste where one is convict of Felony and that is the next yeares profits for if one taketh the profits that yeare and day the Lord shall have a Writt to the Sheriff to deliver him possession and he which hath taken the profits shall answer to the King for that Fitzh 144. N. The King shall have the escheat of Tenements in Cities and Borroughs which are held of him in fee farme Fitzh 6. b. The King as it appeares by the Register shall have a Writ of escheate returned into the Kings Bench for the King may sue in what Court he will 31. Ed. 1. tit discent 17. f. If the Son and Heire of A. be Outlawed in the time of his Father of Felony and after he purchase his Charter of pardon in the life time of his Father and after the Father dies he shall not have the Lands descended from his Father but the Lord of whom they are held by escheate 9 H. 5. fol. 9. the same 1. Ed. 1. tit discent 15. the blood is corrupt which cannot take by discent 26. Of the booke of Assises 2. If the Son be attainted of Felony in the Life time of his Father and hanged his Sister shall have the Land by descent from the Father and it shall not escheate 46. Ed. 3. tit discent 6. If the Father have a Son and a Daughter and the Son be attaint of Felony in the life time of his Father and dieth there the Daughter shall have the Land and if he survive the father then the Lord by escheate 8 Ed. 1. tit Assise 421.49 book of Ass 4. 3. booke Assise Where the Tenant grants a rent-charge out of his Land and after that escheates the Lord shall hold this charged but otherwise it is where a Tenant which holds of the King chargeth and dieth without Heire 4 Ed. 4. fol. 2. If that be found by Office yet it cannot be Natura brevium 103. In a Writ of Escheat it is no Plea that he died not seised but it is a good Plea that he did not dy his Tenant Fithz 144. C If the Tenant be disseised and after dieth without Heire it seemeth the Lord shall have a Writ of Esch eate for that that his Tenant died in his Homage 2 H. 4. fol. ninth the same Fitzh 144. If a man be beheaded for Felony or dy after Judgment before he be put in execution by the Officer yet the Writ shall say for which he was hanged Na Bre fol. 104. the same 11 H. 4. fol. 16. One may have escheate and ward before he be seised of the services Littleton 106. if a Signiory be granted by fine See 2 and 3 Ed. 6. chap. 8. Where one hath a Rent c. The King is intitled to the Land by attainder and that is not found in the Office yet he himself shall have his Rent by the Statute And it is to see now where a forfeiture shall be of Goods onely and not of Lands and where not ONe indicted that he killeth one in defending himself by Fairefax he shall be arraigned and shall loose his Goods 21 Ed. 3. fol. 18. and shall not forfeit his Lands 4. H. 7. fol. 2. fol. 18. Where one killeth one in defending himselfe or by mischance he shall forfeit his Goods and not his Lands Stamford fol. 45. If one kill another by misfortune he shall forfeit his Coods and it behoveth that he have his pardon of grace Stamford fol. 185. the same 26 H. 6. fol. 6. the same and he shall not forfeit his Lands 2. H. 4. fol. 20. One arraigned pleads not guilty and it was found that the dead struck the other to the ground and for haste fell upon the blade of him that lay upon the ground he lying upon the ground shall not forfeit his Goods but if it were found that he kils him in defending himself it is otherwise 44 Ed. 3. fol. 44. 49. Ed. 3. fol. 5. Where a man is indebted to a man attainted by specialty the King shall have it contrarily if it be without specialty for the Debtor may wage his Law against him which is attainted contrary against the King but in the Exchequer it was held that debt to be forfeit to the King 16. Ed. 4. fol. 4. A man cannot wage his Law against the King 50. Ed. 3. fol. 1. Stamford 183. See forfeiture upon he made his flight and fol. 184. upon an Exigent awarded and fol. 185. upon a Clerk convict and fol. 187. of Lands and of a thing in action and so further of Forfeiture Clerke convict shall forfeit all his Goods but not his Lands but the Clerke attaint shall forfeit his Lands 40 Ed. 3. fol. 42. Fitzh fol. 66. yeare 20 Ed. 4. fol. 5. Clerke convict shall forfeit his Goods notwithstanding that after he makes his purgation which now is not made by the Statute of 18. Eliz. chap. 7. And then he shall forfeit the Issues of his Lands till he hath made his purgation 8. Ed. 2. Forfeiture 34. and Stamford fol. 185. A Clerk convict is not out of the Law as an Alien is for his Heire shall inherit his Lands after his death 3. H. 7. fol. 12 and 21. H. 7. fol. 31. A Woman out of her wits killeth her Husband she shall forfeit nothing Stamford fol. 45. Where a man distracted kill one he shall forfeit nothing 3. Ed. 3. forfeiture 25. Executors Outlawed shall not forfeit the Goods which they have as Executors nor by attainder of Felony 32 H. 6. fol. 34. By award of Exigent in Felony though he be acquitted afterwards his Goods are forfeited 44 Ed. 3 fol. 17 and Stamford fol. 184. D 22 booke of Assises 81. By award of Exigent Goods and Profits of his Lands are forfeited if the Exigent be not erroniously awarded Stamford fol. 47. If one be indicted upon the view of the body before the Coroner of death all his goods are forfeited though that he be acquit afterwards Stamford fol. 45. See 5. H. 4. 13. H. 4. fol. 15. If a man be convict of Heresie and be delivered to the Lay power his Goods are forfeited though that he be not put in execution but his Lands he shall not forfeit unlesse he be put to death Doctor and Student fol. 14. One killeth himself he shall forfeit his Goods and not his Lands 3 Ed. 3. Tit. Coron 201. 8. Ed. 2. Tit. Corone 420. The Goods of them which hang themselves are confiscate 8. Ed. 4. fol. 4. One put to his penance shall not forfeit his Lands but Goods 14. Ed. 4. fol. 7. For
and took Hares Coneys and Pheasants and not his and good for he hath no property 22. H. 6. fol. 65. Doctor Student fol. 9. None hath property of Birds Fowle wilde Beasts of Forrest and Warren yet the eggs of Hawks Herons and such like are to them which owe the Land Fitzh 67. No man shall be taken and imprisoned for Vert or Veneson if he be not found with the manner or indicted Nat. bre fol. 41. the same See Britton fol. 84. 18. Ed. 4. fol. 14. Where a man licenses me to hunt and kill a Buck in his Park my servant cannot come in by my commandment for the license shall be strict to him to whom it is given 2. Ed. 4. fol. 5. Trespasse one cannot justifie by license of a Keeper to kill a Deer 16. Ed. 4. fol. 7. Trespasse by force of armes he broke his Dove-house and took his Pigeons in the same and good but not abroad when they are out and have no mark and are in the fields 38. Ed. 3. fol. 12. Trespasse for entering into his Warren and took his Pheasants it was held that if the Defendant fly a Pheasant in his own land out of the Warren and his Hawke fly and kill in anothers Warren his entry into the Warren is a wrong Treheron in his reading shewed that Forrest ought to be by Commission and Proclamation and that a common person cannot have a Forrest that is to say cannot make a Forrest nor use Forrest-Lawes as it is said And to a Forrest there are divers Officers and to this is incident a Court of Swannimote but a common person may have a Chase or Park by Grant or Prescription and Forrest-Lawes shall not be to a Chase nor Court of Swannimote the Statute of 13. R. 2 is not inquirable in a Leet but before Justices of Peace that is to say that it is that no Artificer nor Lay man which hath not Lands to the value of forty shillings per annum and no Clark which is not advanced to ten pound per annum shall not keep a Harrier or other Dog to Chase nor shall use Ferrets Hayes Nets Harepipes nor Cords nor other Engines to take or to distroy wilde beasts upon pain of imprisonment for a year yet it is inquirable in a Court Baron if any hunt or hawke within a Park Chase Warren or Demesne Lands of the Lord of the Mannour without his license and for that something of that shall be said 12. H. 8. fol. 3. Trespasse lieth for taking a Hound or Deere out of the possession of the Plaintiffe and hath possession and not property 12. H. 8. fol. 10. One hath but possession of a Deer and if they go out catch that catch may and if any Hawke kill a Pheasant in your Land it seems that I shall have the Pheasant and yet it seems that one cannot hunt nor hawke in anothers Land 10. H. 7. fol. 30. Account lieth against a Keeper for the Deer for he hath possession as a Bailiffe one may grant liberty to one to take every year a Deer or to the Keeper the shoulders of them killed 13. H. 7. fol. 10. Where a Deer is given to one he may bring in his servants to take it for otherwise peradventure he cannot serve his Warrant 13. H. 7. fol. 13. It is said If one hath license to chase he cannot kill 18. Ed. 4. fol. 14 15. H. 7. fol. 16. Fine for hunting shall be greater then the trespasse 21. H. 7. fol. 30. It is lawfull for one to kill a Hart out of the Forrest though he be proclaimed 12. H. 8. fol. 4. saith That one may distrain a Brache doing damage which enters into my Close to chase 2 Ed. 3. tit distresse 20. 48. Ed. 3. fol. 8. He that hath land adjoyning to a Chase may hunt Deer out of his ground with a little Dog but not with Begles and by some if the Dog follow them into the Chase and the owner drives them back yet if they kill the beast trespasse doth not lye Seek 18 H. 6. f. 22. Held that if a man goe in the way adjoyning to a Park and his Dogs break his Leash and kill a Deere in the Parke against his will and he call them back he shall not be punished but it seems that if he doe not what he can to hinder them it shall be a trespasse Fitzh 19. If one incite or procure his Dog to bite a man he shall have his trespasse upon that Assise IN so much that an Assise is brough of a Copy-holder some thing is to be noted to you touching Assises And first I intend That if a Copi-holder of Inheritance dyeth seised of a Copi-hold and his heire enter as he may though there be no Court kept and he not admitted and be outed by a stranger of that dissâ—isic he shall have a Plaint in nature of an Assise Seek for it is 13 Eliz. by the Justices If Tenant by Copy of Court Roll dye seised and his heire enter and take the profits he is no trespasser though the Lord hath not admitted him Tenant and though no Court were held there in seven yeares and further there said that it was adjudged in the Chancery That if Tenant by Copy of Court Roll hath issue two Daughters by diverse Women and they enter and take the profits and one dyes before any Court held now her Cozen collaterall ought to Inherite as heire to her and not the other Sister as heire to the Father which proves that this was a seisin according to their Custome The same Law is if a Copl-holder be admitted and after is thrust out by another or if another be admitted to it and by this he that was first admitted is thrust out by him which was secondly admitted the first Admittee shall have a Plaint in nature of an Assise of that disseisin Plowden Com. fol. 528. Parson before Induction cannot grant an anuity for he hath no possession so it seems if a Copi-holder dye seised his issue shall not have an Assise before admittance Fitz. 177. a. Where Tenant for life in Fee simple or Fee taile is disseised of his Lands and Tenements or outed of that against his will this is disseisin and he shal have an Assise of novel disseisin Nat. brevium fol. 107. Fitz. 195. c. Where my Father or my Mother my Brother or my Sister or my Unkle or my Aunt or Nephew or Neece dye seised of any Lands or Tenements or of Rents of an Estate of Fee simple now if a stranger take possession of this Land or Rent after their death I which am their heire shall have an Assise of Mortdancester Nat. brevium fol. 118. So for a Copi-hold in Fee If my Father Mother Brother or Sister Unkle Aunt Nephew or Neece dye seised of that and a stranger enters I shall have a plaint and make protestation to Sue in nature of a Mortdancester and upon disseisin as above in nature of an Assise of novel Disseisin
and it seemeth I have not seisin to maintaine an action of my owne seisin in the Lords Court unlesse I be Tenant to the Lord and that is where I am admitted for by the admittance of the Lord it shall be said The Lord hath granted seisin and he is admitted Tenant And by this he is Tenant to have an Assise and not before yet before he may take the profits though there be no Court to he admitted for it was no folly in him but may have his action at the Common Law upon the possession of his Ancestour which was admitted though I were not admitted And so where my Father dyeth seised of a Copi-hold in Fee and I am admitted and after another makes claime to it and is also afterwards admitted and enters he cannot have a Plaint in nature of an Assise of novell disseisin against me for 26 H. 8. fol. 3. If one he admitted instituted and inducted to a Benefice and after another be presented and outs him he shall have an Assise or a Trespasse but he presented cannot And so if there be Grandfather Father and Son and the Grandfather was admitted and dyes and the Father enters and dyes before admittance the Son in this case shall have a Plaint in the nature of a Writ of Ayell and not an Assise of Mortdancester And by the Statute of 32 H. 8. chap. 2. it is Enacted that no person shall sue have or maintaine any action for any Lands or Tenements upon his owne possession above thirty yeares next before that began If the Lord of a Mannour grant by Copy the Tenements of a Copi-holder without lawfull cause in Fee or for life and the Grantee enter hee which hath right may have an Assise against the Grantee if he were first admitted As the King by his Letters Patents grants to another my Land and the Patentee enter by force of this Grant I shall have an Assise If a Copi-hold discend the heire shall have a trespasse at the Common Law before admittance as above Seisin of Assise What Seisin is sufficient to have Assise and what not THe Warden of an Hospitall shall have an Assise of Rent where his Predecessor was seised and not he himselfe for the seisin of the Predecessor is the seisin of the House 15 Ed. 3. Tit. 39. accordingly of an Abbot and Prior Fitz. fol. 179. c. and 8. As 16.3 As 5. according also of a Chauntry Priest 34. As 5. Assise is not maintainable against him which hath but a free hold in Law for of that seisin an Assise doth not lye and yet of that seisin a Wife shall be endowed Litt. fol. 152. If a man which hath a title to enter set his foot upon the Land and is outed that is a sufficient Seisin to have an Assise 22 Ed. 3. Br. Seisin 52. If one put in his Beasts to use my common by my commandement this is a sufficient Seisin for me to have an Assise 45 Ed. 3. fol. 25.22 Assise 84. Reversion is granted to J. S. and the Tenant for life attorne and dies and J. S. enter by the Windowes for that he cannot enter by the doore and when one half of his Body was in he was pulled out and yet that is a sufficient Seisin to have an Assise 8 booke of Assises fol. 25. Seisin of Fealty is not sufficient Seisin to have an Assise of Rent but it is sufficient Seisin to make Avowrie for all that is as well for the Rent as for the Fealty 44 Ed. 3. fol. 11. by Thorpe 3. Ed. 3. Tit. 40 3. Ed. 3. Journey to Norfolk 20. H. 3. Tit. 433. 49. Ed. 3.15 and 45. Ed. 3 28. A Lease is made for life reserving foure Markes Rent and the Lessor is seised of twenty shillings of that and taketh distresse for the remainant and Rescous is made and though but twenty shillings be received yet that is a sufficient Seisin to have Assise of all 8 Ed. 3 fol. 12. Tit. 141.8 Ass 4.5 E. 4.2.12 E. 4.7 If the Lord of a Rent service grant the service to another and the Tenant attorn by a penny and after the grantee distrains and the Tenant makes Refocus here was no Seisin to have Assise of Rent but if the gift of a penny had been in name of Seisin and attornment otherwise it is 5 Ed. 4. fol. 2. Littleton fol. 127. b. Lord and Tenant are the Lord grants the Rent of his Tenant by a Deed to another saving to him the services and the Tenant attorns to that this is Rent seck and if the Rent be denied at the next day of payment he hath no remedy but if the Tenant when he attornes or after will give a penny or a half penny in name of Seisin of the rent then if after the next day of payment the Rent be to him denyed he shall have an Assise and that is a sufficient Seisin to have an Assise for all the Rent Littleton fol 42. Seisin of parcell of Rent is sufficient to have Assise of all the Rent 8 book of Assises 4. Seisin of Fealty is not sufficient Seisin to have an Assise of Rent but Seisin of Escuage is Seisin of Homage 21 E. 3. fol. 52. Nat. Brevium fol. 109.5 Ed. 2 Avowrie 209. Using of common by Tenants at will is sufficient Seisin for him in Reversion to have Assise of common If he or his Tenant at will be disturbed 22 Assise according Fitzh fol. 180. By Brudnell of a thing transitory a man shall be in possession without seisure as my Tenant dies his Heire within age I shall have a Ravishment of ward without a Seiser but I shall not have an ejectment of ward of Land which is locall nor Assise of Land without first having possession indeed 14 H. 8. fol. 27. If one recover and be put in by a Clod in the half by the Sheriff and he against whom the recovery was will not go out yet that is a sufficient Seisin to have an Assise 2 Ed. 2. Tit. execution 119. If a man holds of the King in cheife and holds other Land of another Lord and dies his Heire within age which intrudes at his full age and paies his Rent to the Lord this is a good Seisin to have an Assise notwithstanding that he hath not sued Livery for the Signiory was not suspended by the possession of the King but only the distresse for after Livery the Lord may distraine for his Arrerages 34 H. 8. Tit. 48.47 Ed. 3. fol. 12. and 13. H. 7. fol. 15. Pleas of Assise by Bailiff Also it is expedient for you to know what Pleas the Bailiff in Assise shall plead and what the Disseiser and what the Tenant after the Bailiffe hath pleaded BAiliff may plead a Plea which is triable by Assise and none other 6 H. 7. fol. 15. Pleas of a Bailiff ought to be such which are triable by the Assise and for that he cannot pray aid of the King 8. H. 7. fol. 12. and 1. booke of
8. chap. 3. After Verdict he cannot abridge IT is said that after Verdict the Plaintiff cannot abridge his Plaint 28 As 38. Dower demanded may abridge after view Edw. 3. fol. 3. Assise they were adjourned upon Title ASsise they were adjourned upon Title and for that that they cannot agree at the day of the Adjournment after the argument Plaintiff abridge and might 10 H. 6. fol. 22. After the Jury in Assise were together in the house before their Verdict came the Plaintiff and abridged and was suffered 33 H. 7. Tit. 6. B. Attornement WHen any Mannour descends to the Lord upon every descent to the Lord it belongeth to the Steward at the first Court to make all the Tenants to make Fealty and also upon every purchase of Mannour to enter the Fealty of every Tenant which holds of that and also to enter their Attornement and Seisin of Services to the end that the Lord may by this means distrain for his Services and the Tenants may hereafter be better known to him and by 28 H. 8. Tit. 40. Attornement may be made by Tenants to the Lord in his Court to the Steward or Purchasor and not to his Servant in absence of the Lord. For that something shall be said of Fealty and where there ought to be Attornement and where not IT is said that the Tenant that hath made Homage to the Father shall not make Homage to the Son for that he hath once made Homage to his Lord but yet he shall make Fealty to the Son though he have made it to the Father but if the Mannour be recovered against the Father which hath taken Homage now he shall make Homage again Littleton fol. 29. If a Mannour be exchanged yet there ought to be Attornement otherwise the Lord cannot distrain for the Arrearages Perkins fol. 47 56 58. If one alien his Mannour by Deed indented of Bargain and Sale and inrolls that according to the Statute that is good without Attornement and the Lord may distrain for his Services and the same Law is of a Reversion so granted Rastall Inrolment 2. but of a Grant by Fine it is otherwise 27 H. 8. chap. 16. 30 H. 8. Tit. Attornement If the King grant Reversion of Lands or grant a Mannour to one and his Heirs or otherwise by his Letters Patents the Patentee may distrain or avow without Attornement and he need no Attornement 34 H. 6. fol. 7. Fitzh fol. 60. J. 6 Ed. 3. Tit. 13. Natura brevium fol. 171. accordingly 12 Ed. 4. fol. 3. Where a Mannour or Reversion is devised by Will in writing that is good and shall passe without Attornement 19 H. 6. fol. 24. Littleton fol. 132. accordingly of Devise where Lands were devisable by Custome 34 H. 6. fol. 7. The Lord may avow upon the Tenant by the Curtesie and in dower and upon him which recovered against his Tenant without Attornement for they are in by Law and need to have no Attornement 36 H. 6. fol. 35. If one have a Mannour delivered in Execution by vertue of a statute Merchant or an Elegit he may avow without Attornement 20 H. 6. fol. 7. Where a Mannour Escheats or the Lord have that as a Perquisite by his Villain he may avow without Attornement Littleton fol. 132. 34 H. 6. fol. 7. accordingly and Fitzh fol. 60. J. If a man have a Common of Pasture to a certain number or a Common of Estovers certain and grants them over these shall passe without Attornement for that they are not to be taken by the hands of Tenants but by the mouths of Beasts and where no attendance nor payment is to be made by the Tenant there the things may passe without Attornement 31 H. 8. Tit. Attornement Where a man lets for forty years and after lets the same Land to another to have the Land from the end of the first Terme for twenty years there need no Attornement and contrary when he grants a Reversion to have the same Reversion at the end of the first Terme for twenty years then next ensuing there ought to be Attornement by Horewood 37 H. 8. Tit. 41. and 1 Ed. 6. Tit. 4. A man lets a House for Life and after grants the Reversion of the said House to have from the Feast of Saint Michael next after the Death of the Tenant for Life for 21 years then next following this is goâ—â— without Attornement for this passeth by to have the House as a Lease and not as a Reversion and also the Tenant for Life is not attendant to him 3 Mary Tit. 69. One lets for twenty years and this Lessee lets that for ten years rendring Rent and after this Lessee for twenty years grants the Reversion of the Terme Rent to a stranger it behoveth that the Lessee for ten years attorne otherwise it is if no Rent be reserved 2 Ed. 6. Tit. 45. If a man lets for ten years and the same Lessee lets that to another for four years the Lessor makes a Feofment to a stranger by sufferance of the second Lessee this is a good Feofment without Attornement of the first Lessee 28 H. S. Tit. Feofments 68. B. Two joint-tenants and one release to the other it is good without Attornement 28 H. 6. Then let us see what is good Attornement and what not WHere a Reversion is granted and the Tenant attorn by a Penny it is good for it an Agreement 8 Book of Assise 25. A man grants four divers Rents and the Tenant attornes by a Penny this is good for them all that is to say for them all to distrain but not for them all to have an Assise for it is not Seisin 22 Book of assise 66. Attornement ought to be made by the Tenant in the life of the Grantor for Attornement after is not good 16 Book of Assises 25. A Lease is made for Life and after the Reversion is granted to one and the Tenant for life surrender to him this is a good attornement 23 As 18. A man seised of two acres or of two Mannours le ts one for years and after makes a Feofment of both and makes Livery of that in Possession yet the other shall passe without attornement 7 Ed. 4. fol. 20. Where a Feofment and Livery is made of a Mannour that one hath in execution by a Statute this Livery is as an attornement if the Tenant by Statute enter again 46 Ed. 3. fol. 30.7 H. 4. Statham 46. the same If a man lets a Mannour for years and after outs the Termor and enfeoffes another and makes Livery and the Termor re-enter it is good without other attornement 5 H. 5. fol. 12. the same 9 H. 6. fol 16. the same Littl. fol. 130. If a Feofment be made and Livery also and do not out the Termor nor he attorne it is not good 5 Book of Ass 1.17 Ass 3.2 Book of Ass 1. the same and 21 H. 7. fol. 7. If my tenant for life lets his Estate to another upon
and bargained his copy-hold to J. S. and his heires J. S. was admitted to have to him and his heires according to the custome this is not good for that it wants this word Surrendred Tenant in taile by copy the remainder over to I. S. in Fee surrender his Lands into the hands of two Tenants to the use of I.N. and his heirs and dyes before that be presented and after that was presented and I. N. admitted this is not good but contrary Law if Tenant in Fee had made that surrender and dyed as above Seek By the custome of a Mannor some Lands are copy-hold for three lives and some to them and their heires and the Lord grants by copy that which was for three lives after those three lives ended to one and his heires this is not good but the custome of the Mannor is good though there be severall copy-holders of severall customes The Lord of a Mannor within which are copy-holders and the Lord grants over the Demesnes to I. S. in Fee so that he hath no Court yet it is said that the copy-holders may surrender as before they did And that the Lord by his Grant cannot destroy their surrender and Copies The Lord may avow for Rent of his Copy-holder before admittance where it descends to a copy-holder but he shall not be sworn of the Homage before admittance If the custome of copy-hold be that the Lord may grant for three lives if all dye and then when the land is come into the hands of the Lord he is bound in a Statute and after he grants that over according to the custome this Land shall not be extended upon the Statute And if a copy-holder be bound in a Statute his copy-hold land shall not be extended and if the Lord be bound in a Statute the land of the copy-holder shall not be extended If an Infant be a Lord and admits a copy-holder to him and to his Heires this is good and he cannot avoid that by his Infancy for he is but an instrument to convey that according to the custome and departs with no Estate If a copy-holder will exchange this is not good unlesse there be a surrender and admittance If a Villaine purchase copy-hold and the Lord of the Villaine enter he shall not have possession of the copy-hold till he be admitted Copy-hold shall not be forfeit by attainder of Heresie for â—he blood is not corrupted for the Statute of 5 H. 5. is not to be intended of copy-hold Lands for it is said by the Statute that he shall forfeit his Lands Tenements and Hereditaments and that the Lord of whom the Lands are held shall have the Lands after the King hath yeare day and waste and this is intended of free-hold and not of Copy-hold but if a Copy-holder be attaint of Treason or Felony as it is aforesaid there the Lord shall have the Land for that that the blood is corrupt and so there is none to inherit but by attainder in Heresie is no corruption of blood If a copy-hold be furrendred to my use simply and the Lord admit me upon condition this condition is void for the Lord gives nothing but is an instrument to convey that according to the surrender so if it be surrendred to me for life and the Lord admits me to have to me and my Heires it is not good If a copy-holder of a Mannour takes a Lease for yeares of this Mannour seek if his copy-hold be extinct But if a copy-holder makes a Lease of his copy-hold to his Lord this was held no extinguishment of his copy but a suspension But if the Lord by Indenture make a lease for yeares of copy-hold land to his copy-holder of that the copy-hold is there held to be extinct so if the Lord make a feoffment to his copy-holder of all his Mannour upon condition and after enter for the condition the copy-hold is extinct and if a copy-holder take a lease for years of the Mannour with a remainder over by Indenture this extincts the Copy-hold If a Disseisor be of a Mannor whereof there are copy-holders for three lives and he grant copies for three lives and after the Disseisee re-enter this shall avoid the grant of the copies by the Disseisor But if the Lord of that Mannor make a feoffment in fee upon condition and the Feoffee grants copies for three lives and after the Feoffor enter for the condition broken he cannot avoid the copies If Tenant in taile or in fee of a Mannour will grant Lands by copy which were no copy-hold Lands before and that hath contiuned by divers admittances after as copy-hold and was never interrupted at any time by the Issue in taile but hath been allowed for him so that that hath continued by sixty or eighty yeares this is very good and shall not be ever after avoided but if it may be shewed to have been an Interruptation then it is otherwise 15 Eliz. If a copy-holder surrender to the use of his Wife for life the remainder to him and his Heires and after the Husband surrender to J. D. and his Heires and dies the Wife may enter by Dyer and Mounson Justices and shall hold for life but the Heires of the Husband are bound otherwise it is if the remainder were to the right Heires of the Husband for they are purchasors of this remainder and may enter after the death of the Wife A Copy-holder hath a Son and a Daughter by one Belly and a Son by another Belly and surrenders to the use of his Wife for yeares and conveyes after her death the remainder to his Son of the first venter his Heires and Assignes and dies the Tenant for years is admitted the remainder in form aforesaid the Son of the first Belly dies without Issue before admittance and during the Tearme and Dyer saith that the possession of the Wife of the Termor or of the Guardion is a sufficient possession to make a Brothers possession 16 Eliz. Mounson saith Copy-holders are within all statutes which speake of Tenants for if a copy-holder had not been excepetd in the Stat of dissolution of Monastries the King had had them which Geffrey and Bendlowes granted The Husband by surrender discontinues the copy-hold which he hath in right of his Wife the Wife is put to her Cui in vita and she is not aided by the Statute of 32 H. 8. 24 Eliz. A copy-holder surrenders to the use of his last will and deviseth that his Executors shall sell the Land to J. S. and makes two Executors and dies and one Executor takes a Wife and surrenders to the use of J. S. the Devisee and was said that by the admittance of J. S. that he was copy-holder though that the surrender be made by both the Executors Taile of Copy-hold EState taile may be of a copy-hold and Formedon in descender may lye of that that is to say may sue plaint and make protestation in nature of a Formedon in discender at the
she may and after the Son is born he cannot enter upon the Daughter and be Heire and Tenant to the Lord Plowd Com. f. 56. 5. Ed. 4. f. 6. By Tearmes of the Law thirty and Wilby if a man Tenant seised of Land in Fee dies seised his Wife privily being with Child with a Son and another man marryes her and after the Son is born he shall be adiudged the Son of the second Husband and not of the first Husband and shall be Tenant to the Lord of the Land of the second Husband and Berrey Justice said that the Infant might choose which he would for his Father 21 Ed. 3. f. 39. Otherwise it is if she had been great with Childe If a Woman be with Child by her Husband Tenant or by another it shall not be tryed but if she be with Child at the time of the death of her Husband or not shall be in Issue for by 1 H. 6. f. 3. If the Wife of J.S. go away with an Adulterer and hath Issue if J.S. her Husband be within the foure Seas the Issue is Heire of J.S. for by whom the Woman is with Child it cannot be tried and for that it shall be intended by J.S. 41 Ed. 3. f. 11. and 7. H. 4. f. 9. the same If a man marry a Wife which is great with Child by another man and within three daies after Marriage she is delivered and the Husband dies the Issue is lawfull and Heire and Tenant to the Lord and no Bastard 18. E. 4. f. 30. a. 24 H. 8. Br. Title Bastardy 44. it was said if a man marry his Cozen within the degrees of Marryage and have Issue and are divorced in their lives and by that the Marriage is avoided and the Issue is Bastard contrary if one dye before the Divorce 21 H. 7. f. 41. If a Deacon takes a Wife and hath Issue this Issue is no Bastard otherwise it is of a Marriage between a Fryer and a Nunn if they have Issue 11 H. 4. fol. 76. Sayd by our Law if one marry his Cozen their Issue is no Bastard till they are divorced but shall take by Discent 42 Ed. 3. fol. 11. If a man marry a Wife and living that VVife marry another and hath Issue by the second this Issue is a Bastard notwithstanding that the first VVife after dies and shall not take by Discent For that that in the same second Article of Charge it is inquired if any Tenant of the Lord be dead who is Heire and Tenant to the Lord let us now see where the halfe blood is impediment and where not TEnant gives Land to the Father for life remainder to Rich. his Son in taile The remainder to the right Heire of the Father the Father dies Rich. enters and dies without Issue of his Body his Brother of the halfe blood shal have the Land and not the Uncle of Rich. and shall be Tenant and the halfe blood is no impediment 39 E. 3. tit 5. A man Tenant had Issue by two severall Bellyes and dies the eldest Son enters and endowes his Mother the Heire dies without Issue the Tenant in Dower dies the youngest Son of the halfe blood shall inherit it and shall be Tenant 7 H. 5. f. 2. 58. Assises 6. accordingly Father seised of an Advowson in grosse hath a Son and Daughter by one Belly and a Son by another and dies and the eldest dies before presentment the youngest Son shall be Heir and the half blood is no impediment 3 H. 7. f. 5. Fitzh f. 36. O. If the Father Tenant hath a Son and a Daughter by one Belly and a Son by another and lets to one for life and dies and the Reversion is discended to his eldest Son which dies before the Tenant for life this is no possession that the Daughter shall have the Land but the Son of the halfe blood shall be Tenant to the Lord but if reversion of tearm of yeares were in the eldest Son which dies before the Tearm ended the Daughter shall have the Land and shall be Tenant to the Lord and not the Son for halfe blood is impediment 5 Ed. 4. f. 9. But in the case next before where there is a Rent reserved upon the Estate for life by the Father and the eldest hath the reversion and Rent and dies the Daughter there shall inherit and the halfe blood is an impediment to the Son to be Heire and Tenent yet if the Father dies and the eldest Son dies before payment of Rent there it is otherwise 35 Book of Ass 2. If a man Tenant hath Issue two Daughters by severall Bellies and dies and they enter and make division betwixt them if one dye without Heire generall or speciall her part shall escheate to the Lord and not discend to the Sister of the halfe blood but if that Sister hath an Uncle it ought to discend to him and if he enter and dies without Issue it shall discend to the Sister of the halfe blood see Littleton fol. 3. Natura brevium fol. 10. If a man Tenant hath three Daughters by on Belly and a Daughter by another and dies and the foure Daughters enter and two of them by the first Belly dye now the third of the whole blood shall have three parts and shall be Tenant of that to the Lord 10 Ed. 3. Tit. 13. and 10 Ass 27. accordingly Note that the possession of a Brother to make the Sister inheritor and not the Son of the halfe blood is only of fee and not of fee taile 32 Ed. 3. Tit. 8.37 Book of Ass 15. accordingly If the Donee in taile have a Son and a Daughter by one Belly and a Son by another and dies and the Son of the first Belly enter and dies seised without Issue the Son of the second Belly shall be Heire and Tenant to the Donor and not 〈◊〉 the Daughter Natura brevium fol. 147. If a man hath a Son and a Daughter by one Belly and a Daughter by another and Lands are given to the Father for life the remainder to the Son in taile the remainder to the right Heires of the Father the Father dies and the Son enters and dies without Issue the two Daughters shall be Heires and Tenants to the Lord for the Son was not actually seised of the Fee 5 Ed. 1. Tit 14.32 Ed. 3. Tit. 9.24 Ed. 3. fol. 24. and 37. Book of Ass 4. accordingly The possession of the Brother of Lands held by Knights service there the possession of the Guardian if the Son dyes in Ward is possession of the heire to make the Sister inherite and to be Tenant to the Lord and not the Son of the halfe blood 8 Ed. 3. tit 12. and 8 Booke of Ass 6. accordingly Lands discends to two Coparceners which are by severall bellies and one dye before entry into the Land the other shall have Mortdancester as heire of her Father of the whole Land for that that the other was never seised 34
she be of the age of 14 years there she shall be in ward but to the age of 14 yeares and then may sue Livery for the two years to make 16 years are not given but to tender marriage and for that she shall be out of ward at 14 years The husband seised in fee of Lands held in Knights service enfeoffs diverse at this day to the use of himselfe and his Wife and the heires of their two bodies begotten and for default of such Issue to the use of the right heires of the Husband and the Husband and the VVife have Issue within age and the Husband dyes though the VVife live and hath the Land the Issue shall be in VVard of the body as it is sayd The same Law where a man seised in Fee of Lands held by Knights service makes a gift in taile to J. S. the remainder to his right heires and dyes his Issue within age he shall be in ward of the body though Tenant in taile have the Land If a Reversion of an Estate for life or for yeares be in my Father and that discends to me I shall be in ward but otherwise it is of a Remainder but if a Remainder of an Estate for life be in my Father and that discends to me and after Tenant for life dyes I shall be in ward 11 H. 7. fol. 19. 33 H. 6. fol. 6. 8 Edw. 3. tit 23. and 33 Edw. 3. tit 8. By Choke If Infant be Tenant for life and the Reversion discends to him he shall not be in VVard 9 Ed. 4. fol. 19. Where an Estate is to an Husband and his VVife and to the heires of the body of the Husband the remainder to the right heires of the Husband the Husband hath Issue within age and dyes the VVife is Tenant to the Lord and for that the Issue shall not be in ward And if Lands be let to one for life the remainder to the right heires of J. S. the same J.S. dyes and Tenant for life dyes T. S. being right heire of J. S. and within age shall not be in ward for he is a purchasor 15 Ed. 4. fol. 10. Tenant for life the remainder to another in taile he in remainder dyes his Issue within age the Issue shall be in VVard if Tenant for life be dead 33 H. 6. fol. 6. Tenant for life the remainder in Fee dyes his heir shal not be in VVard for Tenant for life is Tenant Lord and Tenant the Tenant is disseised and dyes his Issue within age he shall be in VVard Fitzh fol. 142. B. C. D. Stamf. fol. 8. the same 3 H. 4. fol. 16. the same Littleton fol. 87. the same Lord and Tenant the Tenant hath a Daughter within age being his heire and he marries that Daughter to a Husband of full age and dyes the Lord shall not have VVard of the body but if he marry his Daughter to a Husband within age shee shall be in VVard Natura brevium fol. 98. Tenant for life the remainder in taile to the Husband and his VVife the remainder to the right Heires of the Husband the Husband and the Wife dye his heire within age living the Tenant for life the heire shall not be in ward Fitzh 143. A. A man makes a Feoffment before the Statute of Uses to the use of himselfe for life the remainder to W.S. in taile the remainder to the right Heires of the Feoffor the Feoffor dyes and W.S. dies without Issue the right heire of the Feoffor being within age shall be in ward for he is in by discent for the Fee was not out of the Feoffor But where one makes a Feoffment in Fee upon condition to re-enfeoffe him and the Feoffee gives to the Feoffor for life the remainder to another in taile the remainder to the right heires of the Feoffor and the Feoffor dyes and he in remainder in taile also dyes without Issue the heire of the Feoffor within age he shall not be in ward 32 H. 8. tit Ward 93. Estate is made to one for life the remainder to the Husband and Wife in taile the remainder to the right heires of the Tenant for life the Husband and the Wife have Issue a Son which hath Issue two Daughters and after the Son and the Wife dyes and after the Son dyes and after the Tenant for life dyes the two Daughters within age shall be in Ward 28 Ed. 3. tit 48. Marlebridge chap. 6. Gives the Lord remedy where his Tenant aliens by Collusion to defraud the Lord. Marlebridge chap. 16. Gives Mortdancester for the heire in Ward against the Lord unlesse he may have his Land at full age Prerog chap. 6. If a Woman before the death of her Ancestors which holds of the King in cheife before the yeares of marriage be marryed then the King shall have the Custody of her body till the age that shee may consent and then let her choose c. If an Infant be marryed before the yeares of marriage in the life of her Father and the Father dyes and the Wife dyes before the dayes of marriage of an Infant yet the Infant shall be in VVard and shall be marryed againe by the Lord Stamf. fol. 27. 5 Mar. tit Ward 124. it is held That marriage is as nothing for shee may marry another without Divorce within the yeares of marriage A gift is made to one in taile the remainder to the right heires of J. S. which was dead T. S. hath that as right heire but if he be within age he shall not be in VVard for he is in as purchasor 12 Ed. 4. fol. 2. 7 H. 4. fol. 5. 11 H. 4. fol. 72. 15 Ed. 4. fol. 13. the same A VVoman of the age of fifteen yeares at the time of the death of her Ancestor shall not be in VVard for the Lord shall not have VVard there till sixteen 35 H. 6. fol. 48. 28 H. 8. tit 86. If the King hath a woman in VVard and shee marry before fourteen shee shall be in VVard but to fourteen for the two yeares are given to tender marriage and shee is marryed See Westminst 1. chap. 22. Merton chap. 6. Gives ravishment of VVard and double value And Merton chap. 7. gives the value of the marriage West 2. chap. 12. Magna Charta chap. 6. The heires shall be marryed without disparagement Merton chap. 7. Of Lords which marry those that they have in their custody to Villaines or others as Burgers where they are disparaged If such an heire were within fourteen yeares and of such yeares that shee cannot consent to the marriage then if the Parents complaine of that Lord the Lord shall loose the custody till the age of the heire c. But if shee were of fourteen yeares and more and agreed to such marriage no punishment follows Littleton 21. See what are disparagements and what not Now let us see where your Lord shall loose the ward for that that he holds part in cheife and what
hee shall loose by that THe Lord the King shall have the Custody of all the Lands of those which of him hold in cheife by Knights service of which the sayd Tenants were seised in their Demesne as of Fee the day that they dyed of whomsoever they held by the like services c. Prerogative chap. 1. If any hold of Us by Fee farme or by Socage or Burgage and of another holds Land by Knights service We shall not have the custody of the Heire nor of the Land which is of anothers Fee by the reason of Fee farme or Socage or Burgage Magna Charta chap. 27. 11 H. 7. fol. 18. If one hold of the King in cheife and dyes his heire within age and hath Lands discended from another Ancestor the King shall not have the Lands in VVard which discended from another Ancestor And it seemes if a Remainder be in my Father and that discends to me I shall be in VVard of the body living the Tenant for life otherwise it is of a Reversion for Reversion is a Tenement and held but if a Reversion discend and the Tenant for life living I shall not be in VVard but if hee dye first otherwise it is And if my Father dye seised of a Remainder and the Tenant for life after dye seised during the time that I am within age I shall be in VVard 32 H. 8. tit Ward 97. Where a man holds certaine Land of the King in Socage in cheife the King shall not have Livery of more then of the Land in Socage The same Law where he holds in Knights service of the King Rastall Ward 13. and not in cheife the King shall not have more in Ward but onely that which is held of him immediately If one hold of the King in cheife the King shall have all his Land in Ward as well held of him as of others But otherwise it is if he hold of the King only by Knights Service Stam. fol. 6. Though that the Tenant of the King be in possession of Lands held of others the King shall have them in ward by his Prerogative Stamford fol. 7. Where the Tenant of the King doth not hold of the King in cheife the King shall not have the ward of Lands held of other Lords Stamford fol. 10. Grand-Father Father and Son Infant the Grand-Father is seised of a Mannor held of J.S. and the Father of another Mannor held of the King in cheife the Father dies the King shall have the ward of that Mannor and after the Grand-Father dyes the King shall not have the Ward of his Mannor the Statute of Prerog is That the King shall have the custody of all the Lands c. of which the Tenants themselves were seised of in fee the day that they dyed and for that that the Father was not seised of that the King shall not have it in ward 15 Ed. 4. f. 10. If any hold of the King in fee Farm Socage or Burgage and holds also of another in Knights Service the King shall not have the Lands held of another in Ward by reason of those Magna Charta chap. 17. Where a man holds certain Lands of the King Rastall Ward 3. in Socage in cheif of these he shall not have Livery of more then the Land in Socage 32 H. 8. Tit. 97. Also where one holds of the King by Knights Service and not in cheife the King shal not have more in ward but that only which is held of him immediately during the time that the Lands are seised in the Kings hands in Ward otherwise Lords shall loose their Rents that is to say that they cannot distraine during that time Stam. f. 9. Where one holds part of his Land of the King in cheife and part of another Lord and dies his heire within age and the King seises the Ward of all it seems that the Rent of another Lord and Service is but suspended for the time that it is in the hands of the King 26 H. 8. fol. 9. The Signiorie of another Lord in the case next before is suspended but from the distresse during the possession of the King 13 H. 7. f. 15. If a man holds part of the King and part of another Lord and dies his Heire within age which intrudes at his full age and paies the Rent to the other Lord this is a good Seisin and shall binde him after he hath sued his Livery for the Signiorie was not suspended by the possession of the King but only the distresse for after Livery the other Lord may distrain for the Arrearages due before see now 34 H. 8. Tit. Seisin 48.2 Ed. 6. chap. 8. That the Lords shall have their Rents during the minority at the hands of the Kings Officers 26 H. 8. Tit. ward 85. If the Kings Tenant alien in fee without license and dies his Heire within age the King shall not have ward for that that there is nothing discended to him for the alienation is good saving the trespasse to the King which is but Fine by Seisor 1 H. 7. f. 5. If the Heire intrude upon the possession of the King and levy a Fine this is void by the Statute of Prerog chap. 13. Which is where one intrudes there ariseth unto him no Free-hold but if the Heire levy Fine without intrusion that shall binde him and his Heires Time of H. 8. Tit. alienation 22. Tenant of the King in cheife cannot alien for tearm of life without license for he alters the Free-hold Magna charta chap. 4. If a Guardian by the Kings Grant makes destruction or waste he shall loose his Guardianship c. Magna charta chap. 5. The Guardian shall keep up the Houses Parkes Warrens Stanks Mills c. West 1. chap. 11. Where a Tenant lets for yeares and dies the Lord by Knights Service in time past might have outed a Farmor during the Nonage but it is not so at this day IF the Tenant let for yeares and dies his Heire within age the Guardian shall out the Farmor yet he shall have Covenant against the Heire at his full age for this Tearm which the Guardian hath during his Nonage 34 Ed. 1. Title 120 Guardian may out the Farmor and yet at full age the Lessee shall have his Tearm again Britton fol. 163 It is held that a Guardian may out the Farmor for yeares but not the Farmor for life 5 H. 7. f. 37. Fitzh f. 142. C. the same 33 H. 6. f. 47. the same and 14 H. 7. fol. 24. Guardian cannot out Tenant by Elegit but he may out the Farmor Statham 1 Ed. 3. Tit. 13. 1 Ed. 3. fol. 103 by Sharde A Guardian may out the Farmor and so may out him which hath execution by a Statute Merchant inquire of Tenant by Elegit 33 H. 6. fol. 47. and 36 Ed. 3. Tit. That Guardian may out Tenant by Statute Merchant Guardian in Knights Service cannot out the Termor 36 H. 8 Lease 58. 35 H. 8. Tit.
Guardian hold over the Heir at full age shall have a Mortdancester Fitzh fol 196. E. F. Mordancester doth not lye upon Lands devisable by Will and it is reason for it is true that the Ancester was seised the day that he dyed and that he dyed seised and the Tenant is Heir in apparence Fitzh fol 196. I. 4 Ed 2. Fitzh Mordancester 39. It is a good bar to plead devise of the same Ancester and so it seems where there is a devise now by the Statute of Wills Abridg Book of Assises fol 120. 32 H. 8. Chap. 2. One Coparcener shall not have a Mortdancester against another where their Ancester dyed seised and one enters in all and holds out his companion but nuper obiit and if the Ancester dye seised of an estate tail and one enter and deforce the other he shall have a Formedon and not a Mortdaneester Fitzh fol 196. L. Mortmain For that that by the 9th Article it is inquirable of Mortmain to the intent that none shall give in Mortmain but that the Lord may make his claim within the time limited in the Statute Let us therefore see what is an alienation in Mortmain and what not IF Villain of an Abbot or of a Corporation purchase and the Abbot or the Corporation enters this is in Mortmain and the Lord may enter within the yeer 41 Ed 3. fol 16. Fitzh 224. B. Contrary of Land which discends to a Villain 41 Ed 3.21 and 48 Ed. 3.27 If a Feoffment be made to the use of an Abbot or a Corporation this is Mortmain and within the Statute that the Lord may enter 8 H. 4. fol 16. Br 11. If an Abbot Mayor and Commonalty Dean and Chapter or other Corporation alien to another Corporation or Abbot without license this is Mortmain Fitzh 212. D. The same Law if one exchange with an Abbot or Corporation this is Mortmain and the Lord may enter Fitzh fol 223. E. Lord Dean and Chapter or other Corporation are Tenants and the Lord releases to Dean and Chapter or to the Corporation his Rent without license this is Mortmain But if he be licensed of the King and of the cheif Lord and Ad quod damnum be sued or in the license of the King this clause be that is to say without any Writ of ad quod damnum then the Mortmain is not to be inquired in no case where such license is used for that is dispensation that the King nor the Lord cannot enter for Mortmain But if the Lord with license in this case aforesaid be Tenant in tail or for life and dyes I think it is there inquirable Fitzh fol 222. D. and 223. I. But if the King grants to a Corporation liberty to purchase Lands and Tenements to the clear yearly value of 40 li. provided that it be not held in cheif as divers Grants are If such a Corporation purchase Lands and Tenements held of the King as of his Mannours of East Greenwich Depford otherwise West Greenwich Sayes Court Lewsham fee or held of the Queen as of her other Mannors there it is not inquirable of Mortmain but it is to be enquired in the Leet if they have purchased any Lands held in chief or over such a value in the Grant And also it is to be inquired in Court Baron for the Lord. If any Corporation have purchased any Lands or Tenements held of the Lords Mannor notwithwanding the Grant and license of the King aforesaid for this shall not be to dispence against the Lord for Mortmain Where anuity is granted to a Parson or a Vicar of a Church or to a Prior or an Abbot by any tenant It is no Mortmain to be inquired for in anuity if they recover collusion shall not be inquired for that doth but charge the Parson of the grantor and not the freehold 10 Ed. 4. fol. 6.34 H. 6. fol 37.3 Ed. 4.14 33. H. 6.27.20 H. 6.7 and 17. Ed. 3.5 But if any Tenant of the Lord grant by deed out of his Land any rent charge with clause of distresse to any corporation that is Mortmain and inquirable The same Law is If any tenant will that a Corporation shall have to them and their successors a rent charge issuing out of his Land and will not that his Parson be charged in any manner by Writ of an uity but hath in the end of his Deed provided alwaies that this present writing nor any thing in that specified shall in no wife extend to charge my person by Writ or Action of anuitie but onely to charge my Lands and Tenements of the yearly Rent aforesaid This is Mortmain and inquirable The same Law is if any Tenant of the Lord grant by Deed that if the Dean and Chapter Mayor and Commonalty and their successors be not yearly paid at the feast of Christmas 20 s. that then it shall be lawfull for them to distrain for the same in the manner of D. this is Mortmain and inquirable Littl fol. 30. proves this a good Grant See Fitzh 224 G. But where personall things are given to a Corporation as Horse Cow Ox Sheep hoggs or other goods there in this case Mortmain is not to be inquired for these so given are not within the statute 10. H. 7. fol. 3. If a Bishop or an Abbot appropriate to themselves an Advowson held of a Lord of which they are seised in Fee without License that is Mortmain and inquirable Eitzh fol 223. H. and 5 H 7. fol 37. saith that an Advowson lyeth in tenure 40 Ed 3. fol 44. accordingly If a Fishing held of the Lord be granted by the Tenant to a Bishop and his Successors or to a Dean and Chapter and their Successors this is Mortmain and inquirable 40 Ed. 3. fol 44. proves that it lyes in tenure The Statute of Religious fol 79. is That no Religious or other whatsoever shall presume to buy or sell any Lands or Tenements either under colour of gift or tearm or by reason of any Title whatsoever or by any means whatsoever art or wit presume to appropriate them to him under the penalty of forfeiting the same by which the Lands or Tenements may come into Mortmain by any means And the Statute gives liberty to the next Lord if he come within the yeer to enter and if he be negligent and do not enter then the next Lord within half a yeer and if not then the King after the yeer and half may enter And it is inquirable in the Court Baron for the benefit of the Lord that he may enter within the yeer and if the Lord be negligent and do not take his time limited by the Stature then the King may enter and that is inquirable in Leet for the King 25 H. 8. tit 37. Lord and Tenant the Tenant lets for life to I. S. the remainder to an Abbot and his Successors the Lord need not make claim till the Tenant for life be dead for if he will waive the Remainder it is
16. B. by Finchden If a lease be made of lands for years to A. the remainder to B. for life the remainder to the right heirs of B. and after B. takes a wife and dies during the term of years his Wife shall recover Dower But execution shall cease during the term of years Perkins fol. 67. A. 1 Ed. 6. tit 89. VVhere a woman is endowed of land which her Husband took in Exchange she shall not be endowed of the land given in Exchange 31 Ed. 2. tit Dower 204. 17 Ed. 2. tit Dower 162. the same VVhere the Husband holds joyntly with one and no partition made his wife shall not be endowed 8 Ed. 2. tit 167. Littleton f. 9. the same VVhere the Husband enters in Religion the heir shall inherit and yet his wife shall not be endowed for the wife may have him again out of Religion 32 Ed. 1. tit 136. Perkins f. 91. D. the same If the Husband be Tenant in common with two others in Fee and dies now his wife shall be endowed but not by metes and bounds Eitzberbert fol. 149. I Littleton fol. 9. the same If a villain takes a wife and purchaseth land and after the Lord enters and then the villain dies the wife shall be endowed 19 Ed. 2. f. 71. A woman of eight years three quarters at the death of her husband shall have no Dower Littl. 8. 12 Ed. 2. tit 159. the same A woman of the age of ten years at the death of her Husband shall be endowed 12 R. 2. tit 54. 8 R. 2. tit 122. the same VVhere the Husband hath an Office eo keep a Park to him and to his heirs his wife shall be endowed of that Pl. Com. f. 379. If the Lord enter for Mortmayn yet the wife of the Tenant shall have Dower Perk. f. 76. A. The same Law if the Lord recover against the Husband in Cessavit the Wife of the Tenant shall be endowed 34 book of Assise 15. where the Husband dies without heir and the land escheats the wife shall be endowed Tenant by the Curtesie surrenders to the Husband in reversion upon condition and enters for the condition the wife of him in reversion shall not be endowed 14. Ed 4. f. 6. VVhere a man enfeoffs one upon condition to re-enfeoff the feoffer again it behoveth that be made to a man unmarried or to a Chaplain that hath no wife for if it be to a man which hath a wife she shall be endowed 38. H. 8. tit Assurance 3.28 Book of Ass 4. the same Lands is mortgaged to the Husband and after the condition broken the Husband by agreement takes his money and dies his wife shall be endowed 42 Ed. 3. fol. 1. A woman hath title of Dower and enters upon the heir and enfeoffs him by Deed she hath given him her title of Dower included and is not now Dowable of that land 11 H. 7. f. 20. The husband Tenant in general tail makes a feoffment and takes back a special tail and his first wife dies and he takes another wife and he dies and his issue enters this second wife shall not be endowed for the heir was remitted 41 Ed. 3. f. 30. 46 Ed. 3. f. 24. the same VVhere land is given to the husband and his wife in special tail the remainder to another in tail the remainder to the right heirs of the husband and the wife dies and the husband takes another wife and dies living him in remainder the second wife shall not be endowed of that land 46 Ed. 3. f. 16. Land is given to the husband and K. his wife in special tail the remainder to the husband in general tail and K. dies without issue and the husband takes another wife and dies this second wife shall be endowed 50 Ed. 3. fol. 4. Where the husband and his wife have special tail the second wise shall not be thereof endowed 22 Ed. 3. fol. 9. B. Littleton 11. the same Where land is given to the husband and his heirs which he begets of the body of Margaret his wife which was dead at the time and he takes Eliz. and dies this second wife shall not be endowed 12 H. 4. f. 2. If a woman go away with an Adulterer into some land of her husbands and be not reconciled yet she shall not lose Dower otherwise it is if she were out of the lands of her husband 8 R. 2. tit 253. If a woman go away and dwell with an Adulterer she shall not have Dower But if she were carried away against her will and was carried 20 miles and returns and her husband dies she shall have Dower 43. Ed. 3. fol. 19. 47. Ed. 3. fol. 13. VVhere a recovery is by default or a reddition against the husband without title the wife shall have Dower 46 Ed. 3. fol. 23. VVhere a recovery is against the husband the wife is barred of Dower But if the recovery were by default it is remedied by the Statute and where by render is aided by the Common-Law and other recovery is not remedied Against whom Dower may be brought and what Assignement is good and what not WHere a Guardian in Socage endowes a Wife it seemes it is disseisin for a Writ of Dower doth not lye against a Guardian in Socage but against a Guardian by Knights service it lyeth 29 Book of Ass 68. Assignement of Dower by the Disseisor is good if it be not by Covin of the wife The same Law is by Abator or Intruder Perk. fol. 76. Assignement of Dower by the Tenant of the Freehold is good and ought to be by him 12 Ed. 3. tit 86. Perkins 78. the same Guardian in Socage cannot assigne Dower but Guardian by Knight service may 3 Ed. 3. tit 108. Perkins fol. 78 G. It appeares that Guardian by Knights service may assigne Dower Fitzh fol. 148 A. Where the Husband was seised of diverse Tenements and Manners and the Sheriff assignes the VVife which recovers one Mannor and a whole Advowson it is good for it is an infinite work to assigne part of every Acre 12 E. 4. fol. 2. If the Husband hath three Mannors and during the marriage charges them with a Rent and dyes if the wife take the third part of every Mannor she shall hold it discharged but if she take one Manner onely she shall hold two parts charged 17 Ed. 2 tit 164. It seemes it is good barr in Assignement that her Husband before the marriage granted by Deed to her a Rent in the name of Dower to which she agreed after his death 20 Ed. 4 fol. 3 in Dower but inquire Rent assigned out of Land of which she is dowable without Deed is good but out of other Land it is not 33 H. 6. fol. 2 B. Assignement of Rent out of the same Land of which she is Dowable is good barr in Dower if shee agree 7 H. 6 fol. 36. Perkins fol. 76 D. the same If a woman recover in a VVrit of Dower shee
cannot enter without Assignement but in other Precipe if one recover he may enter but here it shall be assigned to her by the Sheriff by metes and bounds 40 E. 3. fol. 22. Where the Woman recovers damage and where the Tenant may say he is yet ready to excuse him of damages if it be in Copy-hold and otherwise A VVoman shall recover damages where the Husband dyed seised if the Tenant do not come in the first day ready to render Dower Nat Bre fol. 7. If the Tenant come at the first day and saith that he was alwaies ready the Plaintiffe may averr that she hath demanded Dower and she cannot have it 2 H. 4. fol. 8. and this found she shall recover damages At the Summons returned the Tenant comes and saith that he was alwaies ready to render Dower and yet is for the Plaintiff to say that he was not ready alwaies is no Plea but by Thirne she ought to shew that her Husband died seised and she demanded in the Country and you refused but by Hank the bringing of the Writ is a demand in Law but he agreed that she ought to aver the dying seised of her Husband if she will recover dammages 6 H. 4. f. 5. Dower the Tenant saith that he was alwaies ready and yet is and the Demandant avers that her Husband died seised and saith that he was not ready and for that this is no Issue but she shall say that she demanded inquest of Office was awarded which findes he died seised and the Wife shall recover dammages from the time of his death but where the Tenant was ready though that the Husband died seised the wife shall not recover dammages 11 H. 4. f. 39. 6 H. 4. f. 5. Dower the Tenant saith that he hath been alwaies ready to render Dower and yet is the Plaintiff saith that her Husband died seised And she required the Defendant at D. and he refused and the Issue shall not be that he did not refuse generally but he offered and she refused without that that he refused 13 Ed. 4. f. 7. Dower the Tenant acknowledgeth the action and the Demandant to have dammages surmiseth that her Husband died seised and hath a Writ to inquire of dammages and held that if the Tenant come at the first day and will aver that he was ready and yet is if the demandant cannot aver the contrary the Demandant shall not recover dammages 14 H. 8. f. 28. If the Tenant be effoyned yet he may say yet ready for the Essoyne may be put in by a stranger 7 H. 7. f. 7. f. the last the same 2 Ed. 4. f. 20 and 14 H. 6. fol. 4. The same Dower after imparlance the Tenant cannot say that he was alwaies ready and yet is 5 Ed. 4. f. 141. Tenant for Life A Man devise all his Goods to his Wife and would that his Son should have his House after the death of his Wife notwithstanding that it is not devised to the Wife she shall have that for her life 13 H. 7. fol. 17. Lease to a Woman as long as she lives unmarried or as long as she behaves her self well it is for life conditionall 37 H. 6. fol. 28. Land is given to one to have and to hold so that he paies to the Grantor for his Life 10 l. this is an estate for life 3 Book of Ass 9. An Estate to one till he hath levied ten pounds he hath that for life till c. 21 Book of Assise 18. If I let to W.N. to hold till a hundred pound be paid and without making Livery and Seisin he hath an Estate but at will and if there be Livery it is for life upon condition to cease the hundred pound levied 2 Mar. Brook Lease 67. And so in the three cases next it is to be intended Livery to be made J.S. Tenant for life aliens to B. to have to him and to his Heires for the life of J.S. B. hath an Estate but for the life of J.S. 24 H. 8 Tit. Forfeiture 87. If Lands be given to a man and his Wife and to the Heires of their two Bodies begotten and they are divorced now they have but an Estate for their lives 7 H. 4. f. 18. If I grant Rent to you without more you shall have that for life 7 Book of Ass 1. If a devise be to one without more he hath an Estate for life 22 Ed. 3. f. 16. Tenant for yeares What Act determines a Lease for yeares and who shall have the Corne what is a good Lease for yeares and what not THE Husband seised in right of his Wife le ts for seven yeares and dies the Wife may enter but if the Termor had sowed the Land in the life time of the Husband the Termor shall have the Corn 7 Book of Assises 19. If the Lord enter upon a Copy-holder for Forfeiture and the Land be sowed the Lord shall have the Corn 42 Ed. 3. f. 25 The Husband and the Wife lets the Land of the Wife for twenty yeares rendring Rent and the Husband dies the Wife accepts the Rent it is a good Lease and was not void 3 H. 6. fol. 2.2 H. 6. fol. the same and 21 H. 6.24 If a Parson or a Prebendary let for yeares rendring Rent and dies though that the Successors accept the Rent the Lease is not good 32 H. 8. tit acceptance 14.32 H. 8. Tit. Dean and Chapter 20.24 H. 8. tit B. 19.38 H. 8. Lease 18. 22 H. 8. tit Ancestor 14. If Tenant in Dower lets for yeares rendring Rent and dies the Lease is void and acceptance by the heire of the Rent will not make the Lease good for it was void before 9 E. 4. f. 37. by Nedham If I let Land for yeares in which is a Mine I cannot enter and take that nor Trees but I shall be punished The Bishop lets for yeares rendring Rent and dies and the Successor accepts the Rent this makes the Lease good for the Bishop hath Fee and may have a Writ of Right 2 Ed. 6. tit acceptance 20. The same Law is where an Abbot lets for yeares rendring Rent and dies the Successor accepts the Rent the Lease is good 21 Ed. 4. f. 5. B. Where Tenant in taile lets for 21. yeares and dies and the Issue in taile outs the Lessee as he may and doth not accept the Rent the Lessee may have covenant against the Executor of the Lessor and recover dammages though it be not warranted 48 Ed. 3. f. 2. A Lease by Tenant in taile for 21. yeares made according to the Statute rendring ancient Rent or more though Tenant in taile dye this is a good Lease against the Issue but if Tenant in taile dy without Issue the Donor may avoid this Lease by entry 32 H. 8. chap. 28. Tenant in taile the remainder over le ts for yeares rendring Rent and dies without Issue and he in the remainder accepts the Rent this shall not binde him insomuch that when
he hath brought action against his Villaine for he cannot otherwise come to the Land 24 Edw. 3. fol. 187. If in an action a Villain imparle with his Lord or hath a day by Prece partium he is infranchised 9 H. 6. f. the last and 22 Ed. 4. f. 36. the same If the Lord suffer his Villaine to be made a Knight it is an infranchisement Britton f. 79. If the Lord infcoffs his Villaine it is an infranchisement for ever 12 H. 3. tit 42. If the Plaintiff in a Writ of Neife be non-suited he shall not have again in his life time any other Nativo habendo but the Villaine by that is infranchised during her life time 6 Ed. 2. tit Villainage 26. See 19 Edw. 2. Tit. 31. If the Lord make to his Villaine an obligation or grant to him an anuity or let to him by Deed for yeares or make to him a Feoffment and Livery and seisin he is infranchised otherwise it â—s if he makes to him a Lease at will or a Feoffment and no Livery Littleton fol. 45. By Wilby if the Lord infeoffs his Villaine without Deed he is not infranchised 24 Ed. 3. tit 32. Villaine to two Coparceners he marries one of them yet he is not infranchised against the other coparcener Fitzh f. 197. N. If a Copy-hold escheat or come to the Lord by forfeiture and the Lord grants that over by Copy to J. S. his Villaine and to his heires to hold at the will of the Lord according to the custome of the Mannor by the services due and used to be paid this is an infranchisement but if a Copy-holder surrender into the hands of the Lord to the use of J.S. the Lords Villaine and to his heires and the Lord by his Steward grant to him Seisin by the rod accordingly this is no infranchisement How the Lord may take advantage of things which he hath by his Villaine by act of his Villaine MAnnor to which a Villaine is regardant is let to one for life and the Villaine purchase in fee the Tenant for life enters he shall have lands to him and to his heires for ever Perk. f. 20. If a Villaine be granted to one for Life and the Villaine purchase in fee the Lessee enters he shall have Fee but if the Lord be Lessee for life and the Tenancy escheat he shall not have that but for life Doctor and Student fol. 90. If Lessee for yeares of a Mannor to which a Villaine is regardant dies and the Villaine purchase Lands and the Executor of the Lessee enter he shall have the Land in fee but it shall be to the use of the Testator Doctor and Student f. 90 Where a Parson hath a Villaine which purchases lands and the Parson enters he shall not have that to the use of himself but in the right of his Church 32 H. 8. tit Villainage 46. Where a Villaine is infeoffed with warranty the Lord may rebut by that if it were discended in possession of the Villaine but not vouch to have in value 18 Ed. 3. f. 29. 22 Book of Ass 37. If a Villaine and his Wife purchase joyntly in Fee and the Lord enters in the half as he may he shall have it but if he do not enter but the Husband dies the wife shall have all by the Survivor and the Lord hath lost his advantage to have the moity A bridg of ass fol. 37.40 assis 7. If a Villain be bound in a statute and before the day incurred his Lord enters the Lord shall have such advantage that execution shall not be sued against him 18. Ed. 3. Tit. Execution Statham If my villain purchase Land and I seise it and the villain dies yet the wife of the villain shall be endowed by Herl 13. Ed. 3.74 Statham 19. Ed. 2. Waste And in so much that you ought to inquire if any Farmer which hath part of the Demesnes of your Lordship hath made wast or any Copy-holder unlesse by the Custom of the Mannor he may make wast if any of them have made wast or not First let us see what is wast in Land and to be punished and what not IT is not wast to suffer the arable Land to lie fresh so that it is full of thorns Fitz. fol. 59. N. 2. H. 6. fol. 11. To suffer a Meadow to be drowned which is rushie or little worth or arable land to be drowned that nothing remains but tough Clay this is wast 20. H. 6. fol. 1. 15. H. 3. Tit. 131. Wast was brought for making meadow arable by Plowd 2. and it seems it lies If a Farmer plough meadow it is wast Fitzh fol. 59. N. and 15. H. 3. tit 131. the same 12. H. 8. If a Farmer do not repair banks of his Land in Lease by which the Land is drowned or if he dig for Copper or Stone or Coals it is wast Fitzh fol. 59. N. 20. H. 6. fol. 1. Wast lies against a Farmer for fish in a Poole 6. R. 2. Statham If there be a Myne in the Land if the Farmer dig the Land and take it it is wast 9. Ed. 4. fol. 35. B. Raising up a Furnace fixed is wast 42. Ed. 3. fol. 6. What is wast in houses to be punished and what not IF a house be uncovered by suddain tempest it is not wast but if the Lessee suffer that to be uncovered that the timber rot it is wast and if the house fall by suddain tempest it is no wast 12. H. 4. fol. 4.33 H. 6. Tit. 155. B. By Danby and Choke If strangers enemies of the King destroy a house or that it be blowen down by suddain tempest wast lies not contrary where it was by enemies traitors subjects 12. H 8. fol. 1. See the time of Ed. 1. tit 123. where it was burnt by I. S. his Neighbour by mischance It seems that not covering of a house is no wast till the great beam of that is rotten 10 H. 7. fol. 2. B. It seems wast may be assigned in breaking a stone-wall and also in a mud-wall for that it is fixt to the free-hold But the Lessee may plead that the lessor licensed him to break it down and this is a good barre And adjudged that if a house be not covered at the time of the Lease made the Lesse is not bound to cover that and also if a house were curious at the time of the Lease made that is a good barr to plead in wast 10 H. 7. fol. 2. B. 40 assis 22. the same and 10 H. 7. fol. 5. the same where a house falls by tempest though the lessee Covenant to repair it he may plead in barr in a writ of wast that it fell by tempest though he cannot plead it in a writ of Covenant 40. Ed. 3. fol. 6. If a Farmer build a house where there was none before the Lease and suffers that to decay it is wast 11 Ed. 2. Statham 12 H. 4. fol. 6. the same 42 Ed. 3. fol. 21. the
a man pleads death of the Defenfendant hanging the Writ he shall not plead that after the last Continuance for that by this the Writ is abated in deed contrary of a Plea which proves the Writ abateable 34. H. 6. fol 49. At the day of Nisi prius the Defendant pleads to the Writ that one of the Plaintiffes was dead after the last continuance at D. in the County of Darby Judgment of the Writ and the Plea recorded and the matter adjourned and had that Plea 14 H. 6. fol 9. 38. Ed 3. fol 5. Precipe by a Woman the Tenant tenders his Law of not summoned and at the day was essoyned and at the day saith that the Demandant took a Husband after the Law tendered and for that that he did not say after the last continuance that is after the essoyn it was held no Plea 4. H. 7. fol 8. A man shall have but one Plea after the last continuance 38. H 6. fol 33. the same 16 Ed 4. fol 5. A man may plead a Plea after the last continuance after Issue joyned and in another Tearm till Verdict but not mean between Nisi prius and the day in Bench. â— H. 7. fol 8. A man shall not have a Plea after the last continuance unlesse such Pleas which were not in being at the time of the first Plea for otherwise it is not after the last continuance Maintenance In so much that Maintenance may be the better avoided let us see what maintenance is forbidden by the Law THat no Clark of a Justice or Sheriffe shall not maintain parties in quarrels nor in businesses which are in the Kings Court West 2. chap 28. That none of the Kings Counsellors nor none of his house nor none of his other servants nor no great ones of the Land by sending of their Letters nor in other manner nor no other of the Realm shall not undertake to maintain quarrels nor parties in the Country in disturbance of the Common Law 1 Ed 3. chap 14. See 20 Ed 3. chap 3. That no Counsellor Officer or Servant nor any other persons shall not uphold or maintain any quarrels by maintenance in the Country nor elsewhere first of R. 2. chap 4. That henceforth none buy or sell or take promise grant or Covenant to have Mannors Lands Tenements or hereditaments But if such person which sells their Heirs or they by whom they claim have been in possession of the same or of the reversion or remainder of that or hath taken Rents or profits of that by the space of one whole year next before that bargain Covenant Grant or promise made upon pain of him that bargains to forfeit the value of the Lands And the Buyer also knowing that to forfeit also the value of the Land the one half to the King the other to him which will sue for the same within one year after the same offence And it is also Enacted that none from henceforth unlawfully maintain or cause or procure any unlawfull maintenance in any action or complaint in any of the Courts of the King of the Chancery Starr-Chamber White-Hall or otherwhere within the Kings Dominions where they have power to hold Plea of Land by Commission Patent or Writ And also that none shall instruct Jurors or subborn Witnesses by Letters Promises or by any other sinister labour or means to maintain any matter or cause or to hinder Justice or to procure or occasion any manner of perjury upon pain of forfeiture for every such offence 10 l. one half to the King and the other to him that will sue for the same within one year after the same offence 32. H. 8. chap 9. If one will say he will maintain and doth it not he shall not be punished for maintenance And Champerty lies where one purchases hanging the Suit 9. H. 7. fol 18. See 3 H. 6. fol 53. It seems it is no maintenance to give money before a Suit begins but hanging the Suit Maintenance the Writ was in Plea which was hanging he maintains and it is good and it seems it is better to say in Plea which was hanging 10. H. 7. f. 27. It seems one may covenant to have part of an Obligation when it is recovered for travelling with an Alien which cannot speak English nor Latine to his Counsell so one may covenant with one indebted to him and deliver him the Obligation of another in satisfaction of his Debt to sue in his name and notwithstanding that he paid Counsell it is no Champerty Every Champerty implies in it Maintenance but not of the contrary and he to whose use and every one that hath lawfull Interest in the Land may maintain 15 H. 7. f. 2.34 H. 6. fol. 33. the same By Fineux If a Servant be arrested for Debt or other thing in London or other Franchise the Master may maintain him and spend of his proper money for losse of his Service Inquire But otherwise it is in Precipe 21 H. 7. fol. 40. B. See 21 H. 6. fol. 19. by Newton By Newton and Paston Servant may pray one skilled in the Law to be of Counsell with his Master but a stranger cannot pray one to be of Counsell with my Adversary for he hath nothing to do 21 H. 6. fol. 19. If a man be at the Barre and another informs the Court that this man can declare the truth and pray that he be sworn and by the commandement of the Court he swears this is Maintenance iustifiable but if he had said for one or the other of his own head this is Maintenance punishable the same Law if he informe a Jury sworn of his own head it is Maintenance punishable 28 H. 6. f. 6. The Master may pray one skilled in the Law to be Counsell with his Servant and this is Maintenance iustifiable but he cannot give of his own proper goods to distribute to men of the Countrey for maintaining his quarrell for then he meddles with a thing forbidden by the Law and by Prisot he may iustifie giving money to Lawyers to be of Counsell with his Servant but not to give money to others not learned in the Law 28. H. 6. fol. 12. By Fortescue Master may pray one learned in Law to be of Counsell with his Servant but not to give to them money unless it be of his Wages and he saith one skilled in the Law may be of Counsell without a Fee Inquire 31. H. 6. f. 2.36 H. 6. fol. 29.3 H. 6. f. 55. Maintenance one may iustifie for that he is his Servant but he cannot give money Maintenance Defendant iustifies that he is a Bail and that he came to the Defendants Attorney and prayed him to be carefull the which is the same Maintetenance by Prisoâ— it is not good to say it is the same maintenance for this is no Maintenance for every stranger may pray the Attorney for it is the part of an Attorny to attend to that and for that it is no Maintenance 32 H. 6. f.
H. 6. f. 76. Attaint was returned by the Sherif Nihil Summons in the Land demanded and the Return is not good and so Sicut alias and shall be summoned in the Land demanded 42 Ed. 3. f. 19. Mortdancester by two and one makes default by which issueth a Summons to prosecute together the Sherif upon this returnes Nihil and award that they shall be summoned in the Land demanded 44 Ed. 3. f. 27. Scire facias out of a Fine to execute that and two make default and in a Summons to prosecute together the sherif upon that returnes Nihil and shall be amerced for they shall be summoned in the Land in Demand 10 H. 6. f. 12. The same Law is where one hath aid of him in Reversion and in a summons to aid he shall be summoned in the Land demanded A Writ of Covenant to levy a Fine the Sheriff returns Nihil and for that shall be amerced for he ought to have Summoned him in the Lands Demanded 10 H. 6.13 Where aid was granted and the Sherif returns that the Prayee hath nothing whereby he may be summoned by which Sicut alias was awarded in the Land in demand 23 Ed. 3.37 Debt against John Burton Parson of D. The Sherif returns at the Pluries distringas that he hath resigned and it is a good return 2 H. 7.10 Scire facias against an Abbot and the Sherif returns he is deposed and good return But in Scire facias against a Husband and his Wife Spirituall the Sherif cannot return that they are divorced for that is spirituall whereof he hath no notice 1 H. 6.2 2 H. 6.5 the same Scire facias against the Parson of D. to have Execution of arrerages of annuity though the Sherif return that he hath resigned and take notice of that it is a good return 2 Ed. 4.1 The Sherif returns upon a Capias Tarde and was amerced 2 H. 4.8 Right of ward at the Distringas with proclamation the Sherif returns Exitus and that he cannot proclaim that for that it came too late and there shall go an Alias to proclaim that only and shall not return Issues 3 H. 4.6 In Capias of appeale of Death Tarde the Sherif returns that that writ came so late that c. and the return awarded good 8 H. 4.22 In Assise when the Writ is returned Tarde the Clarks do not make Sicut alias but enter the Writ and send that again to the Sherif to be served 9 Ed. 4.20 Forging of Deeds Distringas with Decem tales of that was awarded against the Jury and the principle Jury was returned Tarde upon the distringas and the Tales served and the return was awarded good for where the Issues are to be returned the Sherif ought to have time to know their Land but upon a Capias returned Tarde it is said to be ill But inquire because it is used 21 H. 6.51 The Sherif returns VVrit delivered by Bill according to the Statute of Westm 2. chap. 39. Tarde and for that that the Sherif refuseth to put his seale others put their seals according to the statute and the Plaintif hath a writ to the Justices of assise to inquire of Dammages 29 Ass 58. Capias to have Execution against an Abbot or against a Bishop if it be returned that they have nothing in that County there shall go out Elegit upon the Testatum in another County 26 H. 8 8. and 26 H. 8.17 VVhere one hath recovered in a Quare impedit and hath a VVrit to the Bishop which refuseth his Clark So that he hath a Quare non admisit Testatum and process continue to the distresse against the Bishop and the sherif returns that he hath nothing there goes Distringas to the sherif of London upon the Testatum that he hath no Land there 3 H. 4.6 Trespasse against a Prior the sherif returns that he hath nothing and how he hath no Land there he shall have process into another County upon a Testatum for a Prior was a name of Dignity and for that shall have process in another County upon Testatum 7. H. 4.1 VVhere the sherif returns Nihil Capias doth not lie against a Lady Peer of the Realme Earl or Baron But there shall go a Testatum in another County but where they do wrong as if they essoigne Distress and returns that by the Sherif the Capias lies for the wrong 11 H. 415. If the Sheriffe arrest any and Rescue is made by Baron Earl or Duke if the Sheriffe return the Rescue Capias lyes 1 H. 5 fol. the last Wast was made in Reddale and upon a Writ to inquire of Waste the Sheriffe returns that I have taken an Inqusition at Reddale and for that it is not at the place wasted it is no good return 40 Ed. 3.20 and 27 H. 8.16 the same Waste in A.B.C. and D. it is said that a Writ to inquire of Waste shall be returned that I have come to the Tenements aforesaid and the Inquisition taken at one Town shall serve for all 34 H. 6.49 A. returns upon a Redisseisin or upon a Writ to inquire of Waste that I came to the Town is not good but to the place 11 H. 4.6 Upon a Writ to inquire of waste for that that the Sheriff returns I have commanded the Bailiffe of the Liberty which hath given me no answer he was amerced for he ought to go to the place wasted 11 H. 4.80 Appeal Visne the Sheriffe returns a Jury of the Visne of Dâ— and the new Sheriffe returns no such Visne and may 3 H. 6. fol. last Venire facias Venire facias was returned by the Sherif and afterwards the Sherif was discharged and a new Sherif made and at the Distringas he returned Nihil upon a Juror and adjudged that he shall be amerced but he may return that the Lands are recovered against the Juror or that the Juror was Tenant for life of J. S. which is dead or other speciall matter and so Nihil 19. H. 6.38 Where the Parties admit one such Visne where there is no such the Sherif cannot return that there is no such Visne but shall make the Pannell of the body of the County 37 H. 6.12 A Venire facias with the Pannell was returned and none found upon the Roll but sicut alias awarded and returned and upon that Habeas corpora and Distringas and the Iury found for the Plaintiffe and it is shewed in arrest of Iudgement that there was another Venire facias with a Pannell and adiudged that it shall not be intended to be there lawfully but shall be taken off the File for that that in the Roll the Entry was ad quem diem Vicecomes non misit breve and upon that it was awarded the sicut alias 20 H. 6.17 Though the Venire facias is Venire facias twelve free and lawfull men yet if the Sherif return twelve onely if he do not amend
Charter followeth ALlowance in the Common Bench is not good and allowance shall be within memory 9. H. 7. fol. 16.1 H. 7. fol. 23. In the time of H. 8. Tit. Grants 364. If the King grant Reversion and mis-recite the date of the Lease but recites well the Estate the thing and the name of the Lessee it is a good Grant 8. H. 7. fol. 4. Where the King upon information of the party grants a Mannour and recites that he had it by Forfeiture and hath it not by Forfeiture it is a void Grant for the King is deceived so it is said where the King grants a Reversion where there is no Reversion he is deceived and void 26. H. 8. fol. 1. The King recites for the good service he hath done in the Wars he grants where he was never in the War it is a good Grant for the recitall is a matter in deed not material 9. H. 7. fol. 27. Where the King grants upon a Petition for his service such a Mannour of such a value where it is of a greater he is deceived and it is void 9. H. 7. fol. 2. If the King makes one a Denizon and reciteth where he was born in France where in truth he was born in Spain this Grant and making him Denizon is a good Grant and the recitall is not materiall 9. H. 7. fol. 2. Diversity where the King of his meer motion grants and recites that what he hath granted by his Patent he ratifies and confirms the King is estopped to say the contrary but that he granted and ratified that but if it were as I am informed he is not estopped and the King is deceived 37. H. 8. Tit. Patents 10. It is said for Law that false consideration in Letters Patents shall not avoid them as where the King for ten pounds to him paid giveth such Land and the ten pounds consideration is not paid the Patent is not void Contrary of a Patent made upon false surmise as that the Land came to the King upon the attainder of J.S. and it is false the Patent is void 6. H. 7. fol. 13. If an Office be granted by the King to one for life and after the King grants that to another and do not recite the first grant the King is deceived and the second Grant is void The King grants to you the Chattels of Felons and Fugitives for whatsoever Offences you shall not have the Goods of one that stands dumb for these are Forfeits for Contempt and this Grant shall be taken strictly because it rusheth upon the Kings Prerogative 8. H. 4. fol. 2. The King grants to one the Chattels of Felons and Fugitives and of whatsoever Offenders the Granter shall have the Goods of him attaint for petty Treason and not for high Treason by these general words for what Offences soever 22. Book of Assises 40. If one kill the Kings Ambassadour this is high Treason and for that he shall not have his Goods but Goods of one attaint for petty Treason by the Grant of Goods and Chattels of Felons and Fugitives and for whatsoever Offences he shall have for that is Felony 22. Book of Assise 49. Where there is a Grant to you by a common person all his Goods A Lease for years nor a Ward pass not for Goods are Moveables alive and dead and not Chattels 4. Ed. 6. Brook Grants 51. And for that the King grants all the Goods of Felons you shall not have a Lease for years of one attaint for it is a Chattell real Brook Done 438. Plowden fol. 424. Where one grants all his Lands and Tenements to one there a Lease for years may passe where the King grants all the Goods and Chattels of Felons of his men that is but his own Tenants unlesse it be an ancient Grant and the Grant put in use of other Tenants also 40. Book of Assises 41. If one grant all his Goods as well living as dead a Rent charge which the Grantor hath for years passeth by this Grant 39. H. 6. fol. 37. Where Chattels are granted to one by this he hath as well Chattels moveables as not moveables for a Lease for years is within this word Chattels as it appears by Bracton Stamford fol. 44. Prerogative Where Chattels are granted to one he shall have the Corn of a Felon growing upon the Land of a Felon at the time of the Forfeiture and right of Actions to the Goods as where Goods by wrong are taken from a Felon and where one is indebted to a Felon by Obligation or is accountable to a Felon for any Receits Stamford 45. Prerogative The King may have Debt due by Obligation to a Felon and not which is due by Contract 16. Ed. 4. fol. 4. Chattels IF a Disseisor sow the Land and sever that before the Disseisee re-enter the Disseisee cannot take the Corn for they are Chattels and come by his industry but otherwise it is of Trees cut by the Disseisor and made in Fagots or Grasse made in Hay which come by the Soil 5. H. 7. fol. 16. and 2. H. 7. fol. 2. the same 39. Ed. 3. Tit. The Writ is of Goods and Chattels and the Count of Corn and ten pounds in money and for that that money is not Goods and Chattels he abridged that 7. Ed. 6. Tit. Grants 55. A man grants all his Lands and Tenements in D. a Lease for years doth not passe that is where he hath Lands in fee in D. and also a Lease there 37. H. 8. Done 41. It is said for Law that if a man give all his Lands and Tenements in D. by this a Lease for years doth not passe for Lands and Tenements shall be intended Free-hold at the least 10. Ed. 4. fol. 1. If an Executor give all his Goods and Chattels the Goods of the Teslator do not passe and clear the Giver shall not forfeit them 28 H. 8. fol. 4. by Elliot If a man give all his Goods and Chattels Hawks nor Hounds do not passe 18 Ed. 4. fol. 14. For that they are of a wilde Nature 9 H. 7. Tit. Grants Brook 87. If a man hath Lands in Lease and is seised of other in fee and make a Feofment of them both and Livery onely in the Land in fee the Land for years doth not passe 8 Ed. 4. fol. 4. by Pigot Where a man gives to me a Deed of Feofment then I have not the Land that is but a Chattell in me 39 Ed. 3. Tit. Charters 6. A man granteth the next Advouson to J.S. and his Heirs it is but a Chattell for it is but for one turn the same Law for a Lease to him and his Heirs for twenty years 136. the same Book of Assises 22. 21 H. 7. fol. 26. A man seised in fee maketh a Furnace of Lead in the middest of his House which was fixed to the Walls and died the Heir shall have that and not the Executors for it is fixed to the Free-hold and not a Chattell the same
not to make claime till the Tenant for Life be dead for if he in Remainder will wave this is no Mortmaine for if the Tenant will make a Feoffment in Fee to the use of A. for life and after to the use of a Religious man and his Successors that is not Mortmaine till the Tenant for life in use dieth and he in Remainder takes the profits 29 H. 8. Mortmain 37. Lord and Tenant Where one gives in Mortmaine he ought to have license of the King to do it and of the cheife Lord otherwise they may enter for Mortmain and before the license there ought to issue out a Writ of Ad quod damnum to the King but is used to omit that and to have the license without any Writ of Ad quod damnum Fitzh 221 K. Where an Abbot holds of J S. by five shillings and J. S. releaseth to the Abbot this shall go by extinguishment and for that it is no Mortmain 22 Ed. 3. fol. 22. 47 Ed. 3. fol. 10. If alienation in Mortmain be and the Alienee is disseised and the Disseisor dieth seised his Heir is in by discent yet the Lord may enter within the year for he hath but a Title of entry and cannot have an action but contrary of him which hath a Right of Entry and may have and Action 39 Ed. 3. fol. 38. Lord and Tenant the Signiory is granted to A. in Taile the Remainder to B. in Taile the Tenant Alien in Mortmaine the first Tenant in Taile cannot enter within the yeare and after the second Tenant in Taile dye without Issue and B. in Remainder enter within halfe a yeare and held that he could not for the Tenant in Taile and he in Remainder have but one Signiory and are but one Lord and both shall have but one yeare by the Statute Fitzh 223 E. If a man will exchange Land with an Abbot or other body corporate that is Mortmaine and he ought to have a License Fitzh 222 If an Abbot give Lands to another Abbot or a Corporation it is Mortmaine and ought to have a License and Ad quod damnum shall be sued and see the Ad quod damnum 221. R. 48 Ed. 3. fol. 29. Abbot purchase Lands with warranty by License and is impleaded and vouch c. and Judgment is given against the Abbot and he recovers over in value it is not Mortmaine for the Lands recovered in value and he ought not to have license of the Lands recovered in value for the first license serves in that see 45 Ed. 3. fol. 18. Where an Abbot recovers in value 9 H. 6. fol. 9. If an Abbot have Rent out of my Land and I grant to him that he may distraine for the same Rent in other Land this is no Mortmain for he hath nothing but ancient Rent and for that it is no Mortmain 3 Ed. 4. fol. 14. By Laicon the Statute of Religious holds place of common and Rent charge which is no Land nor Tenement and yet the words of the Statute are Lands and Tenements 25 H. 8. tit 37. Lord and Tenant the Tenant lets for life to J.S. the Remainder to an Abbot and his Successors The Lord need not to make claime till the Tenant for life be dead for if he wave the Remainder it is no Mortmain and held that the Appropriation of an Advowson without licence is Mortmain Fitzh 211. The King may give licence to his Tenant to alien in Mortmain for he may dispence with the Statute but a common person cannot but the King and the Mesne Lords may give licence to a Tenant to alien in Mortmain for the Statute was made for the advantage of the Lords and they may dispense with it Treasure Trove TReasure hid in the ground and found belongeth to the King and if it be found in the Sea it is to the finder Britton fol. 26. He to whom the property is shall have Treasure found because it belongeth not to the King unless when no man knoweth who hid the Treasure Statham Tit. Coron and 22 H. 6. Coron 446. Punishment of taking Treasure found is not of life and member but shall be by Imprisonment and Fine Statham Tit Coron and 22 Ed. 3. Coron 265. Treasure found belongeth to the Lord the King and not to the Lord of the Liberty unless by special words in the Deed of the Liberty contained or by prescription Statham Tit Coron and 8 Ed. 2. Coron 436. Treasure found is a certain old hiding Money or other Mettall of which there appeareth no memory so that now it hath no Owner therefore all such Treasure is no mans proper Goods and by the old Law it was the finders but now by the Law of the People it is made the Kings Stamford fol. 39. Fstrey WHere the Lord hath by a year and a day a Beast and it be cried in the Church and in the Market the property is changed 39 Ed. 3. fol. 3. A man cannot intitle him to an Estrey till the year and the day be past for he to whom the property is may take him within the year but Statham seemed he could not take it without agreeing for his meat 31 Ed. 3. Estrey 4. Detinue Issue if sufficient was tendered for his meat before claim or not 44 Ed. 3. fol. 14. Young Swans may be taken for a Stray and Proclamation made in Fairs and Markets 7 H. 6. fol. 29. If the Owner do not come within a year and a day and be proclaimed in Markets and Parish Churches then the property remains to the Lord Britton fol. 26. One justifies to have a stray in his Mannour according to the custome used in the Kingdom of England he proclaimed them in two Markets scil in D. S. on the Market days Brook Estrey 10. If one have a stray by three quarters of a year and after that strays and another happens it within his Mannour the second shall not have it for he hath no property untill the year and day and Proclamation 33 H. 8. Estrey 11. If a man have a Weif or a Stray by prescription and another taketh that out of his Mannour he shall have Trespass though he did not seise them before Fitzh fol. 91. B. One cannot take the Kings Beasts for a stray though they were within the Mannour by two years 39 Edw. 3. fol. 4. If one hath taken a stray and doth not proclaim it the Owner may take it again though he comes to claim it after a year and a day Britton fol. 26. Book of Entries One which justifies for a stray shall make prescription that is to say That according to the custome in the Kingdome of England used he proclaimed them in two Market Towns scil in D. R. and so it seemeth that an Estrey shall be proclaimed in two the next Market Towns upon Market days and yet it seemeth that Strays shall be proclaimed once in the Church and twice in the Markets Waife Where Goods waived are seised by an Officer
condition for default of payment to re-enter and after I grant the Reversion and the first tenant attorns this is not good for he hath nothing at the time of the Grant of the Reversion 8 H. 5. fol. 10. A man lets his Mannor for life and after grants the Reversion of that to another if the tenant for life attorne it is good and all the services of all the Free-holders of the Mannour shall passe without other attornement 21 Ed. 3. fol. 34. Payment of Rent is good attornement 49 Ed. 3. fol. 15. Payment of Rent in name of Seisin is agreement and Seisin 40 Ed. 3. fol. 34. Where they are compellable to attorne and where not and what Tenants are compellable to attorne and what not WHere a Reversion or a Mannour is granted unlesse it be by Fine there lies no Quid juris clamat to compell the tenant to attorne but upon a Grant by Fine and not upon a Grant of Reversion by Deed Nat. brevium fol. 170. If a man alien his Mannour he need not that the tenants at will attorne and the same seems of tenants by Copy of Court-roll Br. Tit. 44. Littleton fol. 125. By Seisin by the hands of the tenant at will the Lord by that cannot avow 8 H. 6. fol. 65. Tenant for life grants his estate to J.S. upon condition and after the reversion is granted by fine and the first Tenant for life attorns it is not good and he is not compellable to attorn but J.S. 8. H. 5. fol. 10. If I let for life and after grant the reversion by fine and after Tenant for life grants over his estate to J.S. yet after attorns it is good for he was compellable to attorn and not J.S. 18. Ed. 4. f. 10. and 21 H. 6. fol. 61. If Tenant in Dower grant over her estate to J.S. and after the reversion is granted by fine she is compellable to attorn and not J.S. 10. H. 4. fol. 10.1 H. 4. fol. 18. the same If Tenant by the Curtesie grant over his estate and after the reversion is granted by fine Tenant by the Curtesie is compellable to attorn 18. Ed. 3. fol. 3. He which was Tenant day of the fine levyed though he hath granted over his estate is compellable to attorn 18. Ed. 4. fol. 10. Also 18. H. 6. fol. 25 and 21. H. 6. fol. 6. the same After a fine ingrossed and that delivered the Tenant is not compellable to attorn for a Quid juris clamat lieth against him Fitzh fol. 147. and 11. Ed. 3. Statham If I give lands in tail reserving rent and I grant that rent by fine the Tenant shall be charged to attorn otherwise it is if I grant the reversion for there he is not compellable to attorn 5. H. 5. Statham Where any person is not cempellable to attorn and yet attorns and their attornement good and where not TEnant after possibility of issue extinct is not compellable to attorn and yet if he attorn it is good 43 Ed. 3. fol. 15.46 Ed. 3. fol. 13. If Tenant in tail attorn it is good and yet he is not compellable to attorn 3. Ed. 4. fol. 11. If Donor grant the reversion of Tenant in tail to another in fee if the Donee attorn gratis it is good and yet he is not compellable 12. Ed. 4. fol. 3. If a Lordship or Mannor be granted by fine and after the Tenant which hold of that makes a feoffment or is disseised if the feoffâ—e or disseisor attorn it is good and yet they are not compellable to attorn 18. Ed. 4. fol. 10. If a man lets for 10 years and the same lessee lets for four years attornement of the second lessee is good and yet he is not compellable to attorn and clear is attornement of the first for he ought to attorn 28. H. 8. tit feoffments 68. If I let for life and grant the reversion by fine and after the grant and before attornement the Tenant for life lets over his estate to J.S. and he attorn gratis it is good and yet he is not compellable to attorne 21 H. 6. f. 54. and 20. Ed. 3. Brook Tit. 24. Fine is levied of a Lordship and before attornement the Tenant makes a feoffment and after the feoffee attorns this is good and yet he was not compellable to attorn but his feoffor was compellable 18. Ed. 4. fol. 10. Now let us see that the grantee by fine without attornement cannot have action nor avow for rent which is in lieu of action nor have wast but may have all other things as entry for forfeiture and have escheat and things in seisin and take and have aid WHere a reversion is granted by fine the right passeth and for that Tenant for life shall have aid though he make no attornement 12 E. 4. f. 3.37 H. 6 fol. 5. the same 35. H. 6. fol. 5. Where a Mannor is granted by fine and Tenants do not attorn the Lord cannot distrain for rent but shall have escheat of them 10 H. 6. fol. 17.34 H. 6. fol. 7. the same 20. H. 6. fol. 7. The Lord grants his Lordship by fine the grantee shall have such things which lie in taking as ward but he cannot avow for rent Natura brevium fol. 172. Grantee by fine of a Lordship cannot distrain but shall have escheat and ward though there be no attornement But if Tenant for life alien in fee he may enter for forfeiture Tit. fol. 130. B. p. 131. A. Wast before attornement is dispunishable but the grantee may enter for forfeiture or seisure but shall not have wast before attornement 48 Ed. 3. fol. 15. and 34. H. 6. fol. 7. the same Note that one cannot have an action without attornement though the grant be by Fine Attorney in Court Baron THey that have tenements in divers Counties and fear to be impleaded in a County or in a Court Baron may make a generall Attorney to prosecute for them in all Pleas Westin 2. chap. 10. It is likewise provided that every free man which oweth suite to the County Court tything hundred or to the Court of his Lord freely may make his Attorney to follow his suits for him so it appears that a Copi-holder cannot so do but by assent of the Lord he may compound to pay a certainty yearly to release his suit and that which he holdeth he may freely by the Statute and it seems that the making of an Attorney ought to be by writing sealed and not by word Merton chap. 10. A Writ of making an Attorney or receiving lieth in Court Baron to make the Attorney to make suit Fitzh 175. B. there lieth an Alias pluries and an attachment if he be not allowed but Copi-holder shall not have that writ Fitgh 156. D. One may make an Attorney to make suit personall which is in a hundred or other Court Baron but for suit Reall at the Leet or turn of the Sheriff he shall not make that by an Attorney Fitzherbart 25. C. What
forfeit Littleton f. 15. If a man lets a Mannor for years in which there are copy holders and after a copy-holder dies surrender and admittance by the Lord the termor in Court of that Mannour is as well as if he had the fee simple 4 Mar. tit Copy Br. 1.7 Copy-holders shall not have false Iudgement for then they shal be restored to the freehold or shal not lofe the free-hold but ought to sue by Bill that is to say by Plaint in Court 7 Ed. 4. f. 19. the same Littleton f. 16. They shall not be impleaded by the Kings Writ but by Plaint in the Lords Court in nature of what tâ—â— VVrit will Nat. Brevium fol. 16. Coppy-holders have an Estate of Inheritance according to the custome of the Mannors yet they have no Free-hold by the course of the Common Law Littleton fol. 16. Tenant by Copy shall make scalty to his Lord and Tenant at will by the Common Law Lit. fol. 17. It is said though Coppy-holders have Inheritance according to the custome yet they have but an Estate at the will of the Lord according to the course of the Common Law and cannot have Frespasse against their Lord yet they may bar their Lord in trespass brought by the Lord against his Coppy-holder as it appears lit f. 15. and 16. Tenant by the Verge in ancient Demesne LAnds hold by the Verge are not pleadable by the Kings Writ but by Bill for that that the Free-hold is in the Lord but there is a diversity between plow-holders of frank tenure and Plow-holders of base tenure which are dwelling in ancient Demesne for Plow-holders of Free-hold are pleadeable by a Writ of Right close but Plow-holders of base tenure are those which hold by Verge at the Will of the Lord and the Free-hold is in the Lord and are not pleadable by a Writ of Right close 14 H. 4. fol. 1. and 34 Fitzh fol. 14. C. Tenant by coppy which holds by the Verge in ancient Demesne commits Felony and was attaint the King hath yeare day and waste for that that the Free-hold was in the Tenant in ancient Demesne and yet they have no other evidence then copies of Court Roll otherwise it is of meere Coppy-holders which are out of ancient Demesne for the Free-hold is in the Lord I have seen in the County of North Coppy-holders of frank tenure out of ancient Demesne and have used a Writ of right close and have no other Evidences but by coppies according to the custome of the Mannor but their Coppies are not at the will of the Lord 3 Ed. 3. Tit. Br. 22. Stamford fol. 50. Fitzh 11. Coppy-holder of a base tenure shall not have a Writ of Right close but ought to sue by Bill in the Lords Court Nat. Bre 11. Right close lieth alwaies between ploughholder and no plow-holders may implead another plow-holder of Lands within ancient Demesne unless by this VVrit and shall make his protestation to sue in nature of what Writ he will Britton fol 16â— Calls Tenants in ancient Demosne Plow-holders and saith that Plow-holders are such which gain our Land Fitzh 14. D. Those Tenants in ancient Demesne which hold by the Verge by Coppy at the will of the Lord shall not have Monstraverunt against their Lord. Where a Coppy-holder enters and dies before be was admitted Tenant IT was held in the case of one Horewood that where a Coppy-holder hath a Daughter by one Belly and a Son and a Daughter by another and dies and after the Son enters and dies before admittance that the Daughter of the second Belly shal have the Land for it is a possession of the Brother and so it was adjudged in the case of one Stegnes These Cases following I heard agreed for Law IF Tenant by Coppy surrender generally into the hands of the Lord and it do not appeare who shall have the Land nor to what use the surrender is then the Lord shall be seised to his own use If Tenants by Coppy let for yeares by license of the Lord and after release to the Lessee by these words in the Court remise and release it is void for that it ought to be surrendred into the hands of the Lord and then the Lord ought to grant the Reversion to the Lessee for by Littleton fol. 15. It cannot passe without surrender and yet a Release is used of Coppy-hold in the Court in presence of the Steward If the Lord grant parcell of his Demesne Lands to hold by Coppy to one and his Heires this Coppy is not good but at the will of the Lessor for one cannot make Coppy-hold at this day but that shall be by prescription which hath been demised and demisable by Coppy time out of minde c. But if a Coppy-hold escheate to the Lord or he enter in that by forfeiture and at this day grant that over to J.S. by Coppy this is good Coppy and yet in 13 H. 4. fol. 7. If Lands in ancient Demesne are escheated and the King seiseth them and grants them over to J. S. they are frank fee and not ancient Demesne 6 H. 4. fol. 2. But if a Coppy-hold shall be escheated to the Lord and twenty yeares after that he grants them over by Copy againe they are Copy-hold as they were before for that that this Land hath been demised and demisable time out of minde c. If two be Joyntenants by Copy and one of them makes waste in all the Land that shall not be forfeiture but for his part and also if a stranger cuts Trees and makes waste without assent of the Coppy-holder it is no forfeiture If the Lord of a Mannor to which there are Coppy-holders grant by Copy the tenements of one tenant Coppy-holder without just cause to another Tenant in Fee or for life and the Grantee enter by vertue of that grant this Tenant which hath right and which was admitted before may have a plaint in nature of an Assise of novel disseisin against the Grantee If the Husband surrender into the hands of the Lord to the use of his Wife and doth not say A. his Wife it is a good surrender for she is certainly known by that name the same Law is if one surrender into the hands of the Lord to the use of J. his Son and hath two Sons named J. it is to the use of that J. which it is ment to If Tenant by Copy surrender his Lands by custome of the Mannour to two good men out of the Court to the use of a stranger and that made for Money paid he which surrendred cannot countermand his surrender before the two good men have presented it at the next Court for it is much like acknowledging of a Fine before a Justice of Record but where the surrender is to two to the use of his Wife or Son and not to a stranger for Money paid by one lying in extreamity in perill of death and after he revives he may well countermand his
Surrender before it be presented in Court or after if it be not by that admitted afterwards and that is often used and stands with reason and so is the Law as it seems to me If Tenant by Copy of Court-roll be attaint of Felony or Treason the Lord of the Mannour may enter for Tenant by Copy is but Tenant at will according to the Common Law though he hath Inheritance by the custome If a Copy-holder surrender into the hands of the Lord to the use of another and his Heires if the Lord will not admit him Tenant then the Land shall remaine in him which made the surrender and yet he to whose use it was made may sue by a petition or by a Subpena to be admitted If one which hath no right and was not admitted surrender to the use of another and he to whose use the surrender is made enters into the Land and is admitted yet he which hath right may re-enter and out him notwithstanding the Grant of the Lord. But it seems if a Coppy-hold descends to J.S. and he before that he is admitted Tenant surrender that to the use of J. D. and the Lord by his Steward in Court grant Seisin and admits him Tenant it is said to be a good surrender and J. D. shall injoy the Land against J. S. and his Heires Seeke for in the case against Roo the Issue was if he were admitted according to the custome of the Mannor or not Quere and yet this is no disproofe of this opinion but if a Coppy-holder surrender to the use of J. S. J. S. cannot surrender before he be admitted The Lord of the Mannour where the custome is that the Tenants hold by Copy is Chancellour within the same Court Chancellor and may redresse matters there in conscience where a Bill is exhibited to him Suitors so that the Coppy-holders are no Judges in the Court. If an under Steward hold a Court-Baron without authority of the Lord or high Steward Steward and the Lord agree and do not contradict the Steward and there be surrenders made and admittances of Copy-holders in the Court this is good but if he take a surrender and admit one out of the Court without authority of the Lord or high Steward it is not good notwithstanding a lawfull Steward as it seems may take a surrender out of the Court and admittance made out of the Court is good if it be entred in the Court-Roll that he is admitted and hath paid his Fine and hath done fealty And if one holds but one Court by appointment of the Lord where another hath a Patent to be Steward and is absent surrender taken and entred in this Court is good and also is admittance 2 Ed. 6. Tit. 26. Note that the high Stewards are for most part men of honor Steward and great men by patent and their under Stewards are men learned and are appointed by them and without Patent and the use is that they which are under Stewards to such men take Surrenders out of the Court and they are well taken by such under Stewards and the parties are admitted in the Courts held by them that is in open Court and also no doubt when such under Stewards take surrender out of the Court and that is presented by the Homage as the usage is in the Court and the party admit accordingly this is good for without authority these are not for if J. S. make a command to the Bailiff to warne the Court to be held such a day and it is warned and J.S. keeps the Court and is not contradicted by the Lord surrender taken by this J. S. out of the Court and presented and entred in this Court is good though that J.S. have no Patent of his Office for it is not without authority for if he cannot keep Court without a Patent then to every Court it behoveth the Steward should shew his Patent which is not used and was never in Issue whether the Steward had a Patent or not nor if J. S. be Steward or not and specially if he keep the Court warned by his command by diverse daies before the Court kept or if the Lord agree that he shall keep the Court and it is inconvenient that for defect in the Steward which takes surrender out of the Court and enters it in the Court by the allowance of the Homage but that it should be good otherwise one may say thirty or forty years after that the Steward had no Patent of his Office which is inconvenient and ought not to be Where the Steward of the Bishop of London of his Mannor of Hornesey hath a Patent of his Office with confirmation of the Dean and Chapter by the name of Aldred Fitziames where his name was Etheldred surrenders taken by him out of the Court and at the next Court are entred it is found by the Homage that such surrender was made c. and at the same Court the Tenant is admitted accordingly and though that his Patent in time of the Succesfor after in Assise against him be defeated by mis-naming or by other cause yet the Surrenders taken by Aldred Fitzjames during all the time of twenty yeares before his Patent was defeated are good and perfect for that that the surrender was it is found by the Homage and also for that he was the known Steward and also for that he is Judge 33 H. 8. Br. Charge 58. Confirm 30. The same Law seems in the same case if the entry were it is witnessed by the Steward or at this Court it is inrolled so that is to say that J.S. came before the Steward the Court being absent and surrendred c. and in full Court the admittance is accordingly this is a good surrender though it be not entred it is found by the Homage c. for the entry of admittance is The Lord by A. Fitziames Steward gave him Seisin thereof and it is that the Lord by his Steward admitted him and for that it is good insomuch that to that is the assent and grant of him which surrendred and also of the Lord. The same Law if the high Steward to J.S. which hath no Patent in writting of his Office takes a Surrender out of the Court and at the next Court enters that at the next Court it is inrolled so that J. S. came before the Steward the Court being absent and surrendred c. And he to whose use the surrender was made be admitted in full Court this is a good surrender The same Law is like if J. D. be Steward to a corporation without a Patent of his Office and takes surrender as above out of the Court and at the next Court enters it at this Court inrolled so that J.D. such a day came before J. D. Steward and surrendred c. And he to whose use the surrender is made is admitted in full Court this is a good surrender for that that the Steward doth in a
Court of copy-hold he doth it as Judge and is allowed Judge by the Lord. The same Law is if the Steward which is out-Lawed in a personall action or excommunicated take a surrender out of the Court and at the next Court enter it it is witnessed by the Steward and such a surrender is made and admits him to whose use the surrender was made in full Court though it was not found by the Homage yet this surrender is good If a Judge or a Justice be out of his Wits yet the Fines Judgments and other records which were before him shall be good but contrary the gift of an Office or such like by him for that is a matter indeed and the others are matters of Record for a matter in deed may be avoyded by being out of his Wits contrary of matter of Record 1 Ma. Tit. whilest he was not in his Wits 7. The same Law is if the under Steward takes a surrender out of the Court and at the next Court makes his entry of it at this Court it is witnessed that J. D. surrendred and in full Court he to whose use the surrender is made is admitted this is a good surrender though it be not also it is found by the Homage for when he holds Court he is a Judge between the Lord and the copy-holders and yet 2 Ed. 6. Br. Court-Baron 22. and copy-hold the 26. is if the under Steward holds a Court-Baron and in full Court grants copy-hold without the authority of the Lord or high steward this is good contrary Law where it is done out of the Court for it seems if the under Steward grants copy-holds it is intended that if he admits any out of the Court without authority it is not good for it is the Lord granted by his Steward and not that the Steward granted for he cannot grant And also the high Steward may admit out of the Court by speciall usage and custome within the Mannor used for one which holds by copy of Court roll ought to have his Estate entred in the Court held and his admittance to be entred in the Court and for that if the under Steward or the high Steward which hath no Patent as above take surrender out of the Court and present that in Court and the Tenant be in the Court admitted it is good for it is the Lord by his Steward hath admitted and the admittance makes him a copy-holder and the Entry of that in Court makes him Tenant by copy of Court roll for copy-holder is he which holdeth by copy of Court roll so where one admitted in Court and the Lord allowes a Steward is good If a copy-holder of an Estate in fee according to the custome of the Mannour by license of his Lord let for twenty yeares rendring forty shillings yearly he may have an action of Debt in the common place for this Rent or as it seems he may distraine and avow and yet the avowrie is in the nature of an action reall and it seems no doubt if the Rent be reserved by Deed Indent but that he may distraine and avow and yet if he to whose use before the Statute of 27 H. 8. lets by Indenture for yeares rendring Rent he to whose use shall have Debt for that Rent but he cannot avow and if the Lessee in this case make waste he to whose use shall not have an action of wast 26 H. 8. f. 8. The same Law is where a copy-holder by the custome of the Mannour is not punishable for waste by license of the Lord makes a Lease for thirty yeares and the Lessee makes waste the copy-holder shall not have a Writ of waste but shall sue in the Lords Court to punish this waste by plaint in nature of an action upon the case If a coppy-holder of an Estate taile by license of his Lord let for twenty yeares rendring the ancient Rent and dies the Issue in taile may enter and defeat the Lessee but if the Tenant in taile of coppy-hold let for forty years by the Lords license and after the Lease makes a forfeiture of his coppy-hold and the Lord seises it and grants that over again by copy to the Tenant in taile and his Heires or to J. S. and his Heires it seems there the Issue of the Lessor nor J. S. nor the Lord cannot enter and defeat this lease The same Law is if a coppy-holder of an Estate taile lets for forty yeares by the Lords license and dies and his Issue surrenders to J. S. and his Heires this Issue nor J. S. cannot enter and defeat this Lease To this Court came T. R. and did demand license of the Lord to demise all and singular his customary Lands and Tenements scituate lying and being within his Lordship to what person or persons the said T. R. pleased to the tearm and for the tearm of 21. yeares next following the date of this Court to which T. R. the Lord gave license in form aforesaid for the Fine often shillings paid in the Court at the view of the Lord of this Mannor And it is used that the Steward in ful Court licenses a copy-holder to lease a copy-hold for 20. or 40. years more or lesse at their pleasure in the absence of the Lord and this seems good for he is Judge in the Court and when he makes it and enters it in the Court roll the Lord cannot enter for forfeiture because of this lease for when the Steward hath entred it that at this Court T. R. craved license of the Lord to let c. to whom the Lord gave license c. the Lord is estopped to say the contrary but that he gave license the same Law is where a coppy-holder is admitted in Court and is entred in the roll to whom the Lord by such a one his Steward granted him Seisin the Lord cannot afterwards gainsay this admittance and this is to be collected of the case aforesaid in 2 Ed. Brok. Court-Baron 22. If a man lets a Mannor for yeares in which are copy-holders and after a copy-holder dies the Termor of the Mannour grants the Land by copy for three lives this is good the same Law is if a Copy-holder of Inheritance surrender in the Court of the Termor of a Mannour to the use of one and his Heires it is good so that the Lord for the time being may take surrender in his Court but in the first case such a Termor of a Mannor cannot let a Copy-hold reserving lesse Rent then the ancient Rent but ought to reserve the ancient Rent or more 4. M. 1. But it seems if a Disseisor of a Mannour be and the Disseisor seises a Copy-hold by forfeiture or Escheate and grants that over by Copy to a stranger and the Disseisee enter in the Mannor this surrender shall not binde the Disseisee and yet if a Copy-holder of Inheritance furrender in the Court of the Disseisor to the use of J. S. and his Heires this is a good
Tenant saith he hath improved leaving sufficient for the Plaintiffe If a man grant Land and Common the Grantor cannot improve against his Deed 12 H. 3. fol. 25. That hee cannot improve against a Deed 3 Ed. 2. tit 21. If the Tenant have Common for all manner of Beasts the Lord cannot improve notwithstanding I have heard the opinion of the Learned to the contrary 34. Assise 11. It was held that no man might improve in Feilds sowed where they have Common when the Corne is reaped and carryed and in time of Wreck for the Statute is in Wasts and not in Feilds And also it is held there that Cottager shall have Common but not a Cottager newly erected for he cannot prescribe 5 Book of Assise 2. Jurney to Lecester The Tenant shall not have Common to Land newly improved but to ancient Land hide and gaine 10 Ed. 2. tit 22. 5 Book of Ass 2. the same The Statute is as much as belongs to Tenements that seemes to extend as well to Common appurtenant as appendant But Master Stamford sayd in Grayes-Inne That improvement is onely against him that hath Common appendant and not against him which hath Common appurtenant without number Now let us see what is appendant and what appurtenant Common appurtenant is for all manner of Beasts and appendant is but to have common for Beasts commonable Natura brevium fol. 70. That appurtenant is with all manner of Beasts by prescription 9 Ed. 4. fol. 3. by Fairfax By Prisot Common appendant is to have common for Horses Beasts Kyne and Sheep which are commonable and which are most fit for the Ploughman and not for Geese Goats and Hogs 37 H. 6. fol. 34. If one hath a common of Estovers by Grant he cannot build another new House to have Estovers to that Fitzh fol. 180. h. Admeasurement lyes between Commoners which have common appendant to their Free-hold if one of them surcharge the common by putting in more Beasts then they ought to common Fitzh fol. 125. B. D. He which hath Common appurtenant to a certaine number or common by specialty to a certaine number shall be admeasured But he which hath common appurtenant without number or in grosse without number shall not be admeasured 26 H. 8. fol. 4. Common appendant cannot be aliened and severed but common appurtenant may 5 H. 7. fol. 7. B. and 9 Ed. 4. fol. 39. A. He which hath Common appendant cannot use that common with other Beasts but those which are rising and lying upon his Land 15 Ed 4. fol. 32. Termor cannot put any Beasts into the Common but those which hee hath to manure his Land or for his houshold and not for to sell 14 H. 6. fol. 6. A man grants Land and a Turbary this doth not make the Turbary appendant unlesse it were appendant from time out of minde 8 Book of Ass 9. Common is to be taken by the mouth of Beasts 31 H. 8. tit 151. Commoner hath no interest in the Land but to take that with the mouth of his Beasts and cannot have trespasse why he broke his Close against one which makes trespasse in the common but may distraine them doing damage 12 H. 8. fol. 2. There are foure manner of Commons that is to say Common appendant Common appurtenant Common in grosse and Common because of Neighbourhood Natura brevium fol. 69. Common appendant is to Land arable onely 26 H. 8. fol. 4. by Hales It seemes it may be appendant to a Mannor Land or Tenements Fitzh 139. L. It may be appendant by reason of a House Natura brevium fol. 70. Where one hath Common because of Neighbourhood in the Land of J. S. he cannot put in his Beasts in the waste of J.S. but in his owne Land which may goe if they will into the waste of J. S. 13. H. 7. fol. 13. c. Assise of Novell Disseisin lyeth of Common of pasture Turbary and Fishing where he hath that for life or in taile or in Fee and is disturbed that he cannot take his common and the Writ shall be hee disseised him of a common of pasture in D. and not disseised him of his Free-hold in D. as where it is of Land for there it is alwayes hee disseised him of his Free-hold Fitzherbart fol. 179. L. Common appendant a man cannot use with Beasts of a stranger unlesse hee keepe them to dung his Land but hee cannot take in other Beasts for Money which doe not manure his Land See 6 H. 7. fol. 14. Fitzherbart 180 B. If a man claime Common for Beasts without number there he may put in other Beasts of a strangers for Money in that Common otherwise it is in Chase or Forrest where the Lord hath Deer Fitzh 189. B. He that hath Common ought to use that with his owne Beasts or with Beasts which dung his Land or with Beasts allowed for their Milk and cannot take in any 22 Book of Ass 82. He which hath Common by specialty cannot take in Beasts but he that hath Common for Kine for their Milk or for Beasts to manure his Land for Sheep allowed to dung his Land for he hath right in them for the time 45 Ed. 3. fol. 26. A way appendant to a House shall not be made ingrosse but Common appurtenant and Advowson may 5 H. 7. fol. 7. Where the King grants Common to an Abbot and his Successors without number out of a Mannor and after he grants the Mannor to another and after the Abbey is dissolved it seems for that that it is Common without number the King shall not have it but if it were Common certaine the King shall have it 27 H. 8. fol. 20. Common appendant shall be used with his proper Beasts and not with others Beasts and the Defendant was admitted to prescribe for Common appendant 6. Hen. 7. fol. 14. He which hath Common appendant cannot use that but with his owne proper Beast or Beasts which dung his Land but he which hath Common for twenty Beasts by Grant or with Beasts without number he may use that Common with others Beasts 11 H. 6. fol. 22. Fitzh 180. B. the same A man need not prescribe in Common appendant but it sufficeth to say that he is seised of three Acres in D. and that he hath Common appendant c. 4 H. 6. fol. 13. He which justifies for Common appendant need not prescribe in that also 22 H. 6. fol. 10. Common appendant cannot be but by continuance of time out of memory c. 5 Book of Ass 2. Courts In what place a Court-Baron shall be held COurt-Baron by Brian shall be held in a place certain but I have heard that it may be kept in any place within the Mannor that the Tenants have notice to make their suit and it is good 8 H. 7. f. 4. A. and so it is 24 Ed. 3. that it need not be in a place certain and by Glanvile fol 19. It ought to be held in a place within the Mannor and
yet the Land shall be ancient Demesne as it was before By Knivet Fine levied in ancient Demesne is nothing worth for it is no Conrt of Record but common recoveries are used there to cut off an intaile 50 Ass 9. No Land may be pleaded there by right close and not else where How Land in ancient demesne is made frank Fee for a time and how for ever DUring the time that Lands in ancient Demesne is in the hands of the King it is Frank Fee but if the King grant that over to hold of the Mannor againe it is ancient Demesne againe 21 Book of Ass 13. If Recovery or Fine be in Common Bench of Land in ancient Demesne the Land is Frank fee till it be defeated by the Lord by Writ of Deceit and when that is defeat it is void to bind the parties 8 Ed. 4. fol. 6. See 3 H. 4. fol. 6. accordingly If the Tenant in ancient Demesne enfeoffe his Lord of the Mannour being common person and not King the Lordship is Frank see for ever 9 H. 6. fol. 24. B. 3 H. 4. fol. 16. the same Where the King gives Land of ancient Demesne to hold in Franke Almaigne that is Franke fee 6 H. 4. fol. 2. Where a Fine is in common Bench of Land in ancient Demesne is Frank fee so that after if a Recovery of that be in ancient Demesne it is void and before not a Judge 7 H. 4. fol. 3. B. 7 H. 4. fol. 29. the same If the King was once seised of Land in ancient Demesne and lett that for life it is Frank fee for the time 11 H. 4 fol. 84. Where Land in ancient Demesne is forfeit to the King by attainder and the King grants that over to another and his heires now they are Frank fee for ever 13 H. 4. fol. 7. Where a Fine is levyed of Land in ancient Demesne in the Common Bench the Lord may defeat that by a Writ of Deceipt and yet if he to whom the Fine was c. hath a Release with confirmation of the party made after the Fine his Estate is good notwithstanding that the Fine be defeated Fitzh 98. a. The Lessor by his confirmation to his Tenant may make the Land in ancient Demesne Frank fee but if he confirme to hold by meaner services it is no Frank fee 30 Ed. 3. fol. 16. Where Land in ancient Demesne Escheats to the Lord for that that the Tenant dyes without heire generall or speciall are Frank fee for ever for he holds them now of the Lord Paramount 18 Ed. 3. fol. 19. If the Tenant in ancient Demesne answer the action in Precipe in the Common Bench yet it is no Frank fee before Judgement given 2 Ed. 4. fol. 26. The Lord by his confirmation may alter the tenure but not the estate of the Land where he confirmes to hold at the Common Law 49 Ed. 3. fol. 7. Fine at the common Law recovery or where he is in by the Kings Charter or by feoffment of the Lord these prove the Land frank Fee and not ancient Demesne Fitzh fol. 13. C. If the King be seised of Land in ancient Demesne this is Frank fee but if the King demise it to another the Land is ancient Demesne again 17 Ed. 3. fol. 52. A man recovers in ancient Demesne Lands which were at the common Law against a man by Verdict of a Jury and he against whom the recovery was brought an Assise upon that and awarded that he should recover Seisin 30 Ed. 1. Tit. Assise 379. Note the tenure and tryall of ancient demesne and who shall plead ancient demesne LAnds which are ancient Demesne are Soccage Fitzh fol. 11. Tenants in ancient Demesne are those which hold of the Mannors which were in the hands of Saint Edward the Confessor at the time that the Book of Doomsday was made but the Lands written in that Book to be in other mens hands are not ancient Demesne Fitz. 16. E. All the Lands which were in the seisin of Saint Edward the Confessor when the Book of Doomsday was made are called ancient Demesne and the Lands in other hands c. Frank fee Natura brevium fol. 14. If the Land be ancient Demesne or not shall be tryed by the Book of Doomsday 49 Ed. 3. fol. 22. In Monstraverunt Assise The Tenant pleads that the Land was ancient Demesne and it was tryed by Assise in the Book of Notting and also North. 8 Ed. 2. Statham fol. 20. Triall of ancient Demesne is by the book of Doomsday and by that it was certified that London was not ancient Demesne 7 H. 6. fol. 34. In Assise of Mortdancester ancient Demesne was tried by the Country 8 Book Ass 35. 9 Book Ass 9. the same In Assise the tenant saith that it was parcell of the Mannor of B. which is ancient Demesne and the other saith that it is not parcell and upon this at issue and that was tryed by Assise 12 Book of Assises 18.22 Book of Assises 45. the same Assise none shall plead ancient Demesne but he which is Tenant and not the Disseiâ—or 21 Book of Ass 2.41 Ed. 3 tit 22. the same If Land be in the book of Doomsday written under the Title Land of the Bishop and not Land of the King yet though it be in the book of Doomsday it is no ancient Demesne 40 Ed. 3. fol. 45. Form of Pleadings that the Land is ancient Demesne and how he shall sue for ancient Demesne and for Copy-hold in ancient Demesne BY Prisot he which pleads ancient Demesne shall say that the Land is held of the Mannor of D. which is ancient Demesne and pleadable by a petty VVrit of Right close from time out of minde and demand judgment if the Court will acknowledge 36 H. 6. fol. 18. 3. H. 6. fol. 48. But see by Thirne and granted that frank Fee may be held of a Mannor of ancient Demesne 11 H. 4. fol. 85. Precipe the Tenant saith that the Land was parcell of the Mannour of D. which is ancient Demesne and pleadable by petty VVrit of right close time out of minde and demand judgment if the Court will acknowledge and it is no Plea for the Demandant to say to that that it is frank fee for that that it doth not gainsay but that the Mannor is ancient Demesne and that this is parcell but he ought to plead specially how it is become frank fee 41 Ed. 3. f. 22.12 Book of Ass 16.22 Book of Ass 45. Right close lieth alwaies between Plow-holders and no Plow-holder may implead another Plow-holder of Lands in ancient Demesne unlesse by this VVrit and shall make in this his protestation to sue in nature of what VVrit he will as his case is Nat. Brevium fol. 11. They call Tenants in ancient Demesne Sokemaines Britton fol. 105. Copy-holder of base Tenure shall not have a Right close but ought to sue by Bill in the Lords Court but copy-holder in ancient Demesne of free-tenure
the Husband may alien all or part without the Wife and then shee cannot claime Dower Custome in some Mannor is Heire among Copy-holders that the youngest Son shall inherite as in Borrough English and if he have no Sonne his younger Brother as at Edmonton Custome of some Mannor is Heire that all the Sons and all the Brothers shall inherite together as in Gavel-kind at Islington Custome of some Mannor is Heire That if the Tenant dyes seised of five Acres or lesse then the youngest Son ought to inherite but if it be above then all the Sons as in Gavell-kinde ought to inherite Custome of some Mannor is Clivenor If a Copy-holder surrender his Land to the use of a stranger that before the stranger be admitted Proclamation shall be made in the Court thereof and if the next of the blood will come in or Clivenor Land mark those next adjoyning to the bargaine from the East of the Son and will pay so much for the Land surrendred as hee which made the bargaine ought together with all his costs which had the Land so surrendred and then the Bargainee shall make Oath in Court what he payd and that shall be payd him forthwith in Court and then the next of blood or Clivenor which pay that shall be admitted and shall have the Land Custome in some Mannor is Where surrender is of Copy-hold made to him and his that is an Estate of Inheritance in Fee by the custome though it be not to him and his heires And in some Mannor it is to him and his in Villainage and yet it is a good Estate of Inheritance by the custome Custome of some Mannor is That surrender may be made into the hands of the Bailiffe in the presence of two Tenants witnessing that and in some Mannor in the hands of two Tenants to the use of him to whom c. And in some Mannor in the hands of one Tenant to the use of him which should have it and all these are good customes and allowed Custome of some Mannor is Dower that the Wife shall have no Dower nor the Husband shall not be tenant by the curtesie And the custome in some Mannor that she shall have the third part of the Rent and not any Land for her Dower as at Bush Custome in some Mannor is Surrender that surrender may be made into the hands of a tenant in the presence of other persons to the uses c. and is good Tenant at will by the common Law Waste may cut Trees to repaire his Houses and also may take House-boot Hedge-boot and Plough-boot and all this Tenant by Copy may doe And by the custome in diverse Mannors copy-holder may cut his Trees and Wood and sell it at his pleasure and also to suffer the Houses to decay and yet it is not forfeiture as it is at Islington Custome of some Mannor is Lease that copy-holder may let that by Indenture for three yeares without license of the Lord and in some for nine yeares and in some Mannor for more and in some Mannor hee may let from three yeares to three yeares to the terme of one and twenty yeares and is no forfeiture Custome of some Mannor is Harriot that where the copy-holder is Inheritable that the heire shall choose the best Beast and the Bailiffe of the Lord shall seise two of the next best Beasts and for a Cottage two shillings in Silver for Harriot shall be payd and no Beast Custome of some Mannor is Fine to pay six shillings eight pence for a Harriot and no Beast Custome of some Mannor is Ward that a copy-holder pay but one penny for a Fine though there be a hundred Acres or more and in some Mannor six shillings eight pence for every dwelling House and also for every Acre six shillings eight pence and for every Cottage six shillings eight pence and also six shillings eight pence for every Hampsell that is an ancient House or Cottage decayed six shillings eight pence And in every Mannor the Fine is uncertaine but yet the Lord there shall not take more for his Fine then hath heretofore been taken for a Fine and if he doe otherwise the remedy for the copy-holder is in the Chancery against his Lord. Custome of some Mannor is that if copy-holder dyes his heire within age the custome in most Mannors is that the custody shall be committed by the Lord to the next of blood to whom the Land cannot descend And in some Mannors the Bailiffe of the Lord shall have the custody and render the heire an account at fourteene years of the profits and by the custome in some Mannor at fourteene yeares the heire may choose to him a Guardian Custome in some Mannor is Workmen to have certaine dayes of labour in harvest for a day or two dayes and in some Mannor he shall pay foure pence for every day labour of that Custome of some Mannor is Releife that he shall pay for Releife upon a discent but halfe that which is due by common Law as if he hold by six pence he shall pay but three pence for Releife but yet he ought to pay that releife by the custome Also if he come in by Purchase he ought to pay in the like manner halfe his Rent as afore is sayd that is to say three pence where his Rent was six pence Custome of some Mannor is to pay but one penny for releife and not more nor lesse though his Rent be ten shillings Custome in some Mannor is Dower that if a man marry a Mayd and dye seised of copy-hold this Wife shall have all the Land during her life for her Dower but if hee marry a Widdow and dye seised shee shall have no Dower Custome of some Mannor is that if one were no copy-holder of that Mannor before and purchase Lands at first the Fine is arbitrable and granted at the will of the Lord but he nor his heires after shall pay no Fine but shall be admitted free without paying Fine for all the Lands which he after purchaseth within the Mannor If a man let to three for life to have successively yet this is a Joynt Estate and successively is void but by custome of copy-hold successive holds place and one shall have it after the other 30 H. 8. tit Leases 54. And note that you doe not say as many use to say that there is such a custome when they see the Law to be contrary to their intent as diverse Stewards doe when for favour that they beare to one party will ayde him by customes when there is no such custome to helpe him And I have heard a Steward say By the custome of a Mannor a Wife is dowable and by the custome that shall be assigned by the Homagers without plaint in nature of Dower against the Tenant of the Land and without answer of the Tenant and without any processe made against him contrary
Book of Assises 10. Escheats Where it shall Escheat and not discend and where not And for that in the same second Article is also inquirable what advantage the Lord may have by the death of his Tenant that is to say Ward or Escheat Now let us see what is impediment by attainder and otherwise that the Issue of the Lands in Fee cannot be heire by discent not that his Father and Mother were marryed and where the Lord shall have that by Escheat and where not IF an Infant of the Age of seven or eight yeares marry a Wife and his Wife have Issue within one yeare or two after marriage this Issue shall not be his heire and if he have no other heire generall or speciall the Land shall Escheat 38 Book of Assises 24. If the Father being an Alien hath a Son and after the Father is made Denizen and after hath another Son and after purchase Lands and dyes the youngest Son is heire and if he dye without Issue the Lord shall have the Land by Escheat and not the eldest Son for he is an Alien Doctor and Student fol. 12. The eldest Son is attaint of Felony in the life time of his Father and is hanged the Father dyes the youngest Son shall inherite and it shall not Escheat But if the eldest Son be attaint in the life time of his Father and survive the Father the Land shall Escheat 20 Booke of Assises 2.46 Ed. 3. tit Discent 6.49 Ed. 3. fol. 11. 31 Ed. 1. tit 17. accordingly If the Son be attaint of Felony or Treason and after is pardoned and after that his Father dyes seised of land the Lord shall have that by Escheat rather then the Son 13 H. 4. fol. 8.1 E. 3. lit 15. accordingly See before that Doctor and Student fol. 25. Where the Husband is attaint of Felony and purchase his pardon and after dyes his Wife shall not be endowed of Land which he had before the attainder but it ought to Escheat but of those which he purchases after shee shall have Dower and shall not Escheat Littleton fol. 11. If the Husband seised of Land commit Felony and after alien and after is attaint the Wife shall have Dower against the Feoffee but otherwise it is if it were Escheated Nat. bre fol. 7. If the Son be outlawed of Felony in the life time of his Father and hath a pardon and after the Father dyes seised of Land the Son shall not have these Lands but the Lord by Escheat though he hath diverse Sons 31 E. 1. tit 17.11 H. 4. fol. 11. 22 H. 6. fol. 38. The Father outlawed of Felony purchaseth a pardon and after purchaseth Lands the Son hee had before the Felony may inherite them and the Lord shall not have them by Escheat 9 H. 5. fol. 9. If one dye Tenant to the Lord without heire generall or speciall as if the Tenant be disseised and dyes without heire generall or speciall the Lord shall have the Escheat of this Land though he did not dye seised for that that he dyed Tenant 2 H. 4. fol. 9. 7 H. 4. fol. 18. accordingly 32 H. 6. fol. 31.36 H. 6. fol. 1.6 H. 4. fol. 5. the same And Nat. bre fol. 103. the same Where an Alien purchases the King may seise 11 H. 4. fol. 25. 14 H. 4. fol. 20. accordingly And if a Denizen purchase and dye without Issue born within the obedience of the Queen this Land shall Escheat to the Lord. If an English Tenant marry an Alien she is forthwith upon the marriage of the Kings allegiance and their Issue shall inherite and it shall not Escheat Abridgement of the Book of Assises fol. 39. Where there is Lord and Tenant and the Tenant grants Rent charge and dyes without heire generall or speciall the Lord shall have the Land by Escheat Rastall Escheat 15. but hee shall hold it charged 3 Book of Ass 1. The same Law is of the Kings Tenant which grants Rent and dyes c. and his heire in Ward by the Statute 2 3 E. 6. chap. 8. Lord and Tenant the Tenant is disseised and the disseisor dyes seised and the disseisee dyes without heire the Lord shall not have that as by Escheat for I intend hee dyes not in his Homage 32 H. 6. fol. 31. B. Lord and Tenant the Tenant lets for life and dyes without heire though he dyed not seised the Lord shall have Escheat 2 H. 4. fol. 9. If one be attaint of high Treason the King shall have Escheat of whomsoever he hold notwithstanding if it be of petty Treason the Lord shall have the Escheate 22 Book of Ass 49. If the Tenant be beheaded for Felony the Lord shall have Escheat and shall say for which he was hanged Natura brevium fol. 100. 8 E. 3. in the Register f. 165. accordingly If my Tenant within age alien to one in Fee and within age dye without heire the Lord may enter by Escheat 16 E. 3. tit Statham fol. 84.3 E. 3. Journey to North See 6 H. 4. fol. 3. North that he cannot enter but he may have Escheat It seemes that the Lord cannot enter by Escheat where his Tenants entry is taken away as if the Husband discontinue the Lands of his Wife and the VVife dyes without heire the Lord cannot enter by Escheat 32 H. 6 fol. 27. by Littleton If a man goe over the Sea without license and there takes a Wife and there by her hath Issue if the Issue survive his Father the Land of the Father shall Escheat 22 H. 6. fol. 38. by Newton 1 R. 3. fol. 3. by Hussey He which is borne beyond the Sea and his Father and Mother were English that their Issue shall inherite by the common Law but by the Statute aforesaid it is cleer The same Law is where an Alien borne purchase lands of the King before he be made Denizen or if hee be a Denizen and purchase Lands and dyes without heire borne under the obedience of the King there the King shall have that Land as Perquisite in manner as Escheat Where the Tenant hath an Estate in fee and dyes without heire generall or speciall his Land shall Escheat to his Lord Fitzh 143. T. 32 H. 6. fol. 31. The Lord cannot enter but where his Tenant might enter and for that if the Husband and the Wife discontinue and the Wife dyes without heire the Lord cannot enter by Escheate And if the Tenant be disseised and the Disseiser dyeth seised and his heire enter and after the Disseisee dyes without heire the Lord cannot enter 37 H. 6. fol. 1. It seemes by Fortescue that the Lord shall have Escheat or Ward though his Tenant did not dye seised 2 H. 4. fol. 9. The Lord shall have a Writ of Escheat though his tenant dyed not seised for if he dye his tenant that sufficeth If my tenant lets for life and dyes without heire he doth not dye seised and yet the Lord shall have the
Escheat 7 H. 4. fol. 18. the same 6 H. 4. fol. 5. Lord and Tenant within age the Tenant is disseised and dyes without heire the Lord may enter by Escheat The same Law is if he being an Infant tenant alien and dyes without heire the Lord shall have by Escheat Fitzh fol. 144. A. If Tenant in taile dye without heire he in reversion shall not have a Writ of Escheat But if Tenant in taile the remainder to his right heires and dyes without heire then the Lord of whom the Tenant in taile holds shall have a Writ of Escheat Fitzh 144. E. Where the Tenant is a Bastard and dyes without Issue this Land shall Escheat Tit. Escheat 34. B. Where there is a Bastard eldest and a legittimate younger and the Bastard enters and dyes seised without Issue the Land shall not Escheat Natura brevium fol. 103. If the Tenant be disseised and is attaint of Felony the Lord may enter by Escheate Abridgement of Assise fol. 88. Lord and Tenant the tenant being within age aliens and dyes without heire the Lord may enter by Escheat 6 E. 3. Statham If my Tenant within age alien in Fee and dyes without heire I may enter by Escheat the same Law is if my tenant within age be disseised and dyes without heire I may enter by Escheat Stamf. 42. If any free tenant of any Bishop be attaint for Felony during the time of the vacation the King shall have Escheat of his Lands By Prerogative ch 14. Fitzh 144. O. If the Lord have title to have a Writ of Escheat if he accept Homage of his tenant he shall not have a Writ of Escheat against him afterwards 7 H. 4. fol. 18. Lord and Tenant the Tenant is disseised and dyes without heire the Lord may enter for right of entry may Escheat against a Disseisor but if the Disseisor dye or alien the Lord cannot enter by Escheat upon the heire of the Disseisor nor upon the Alience 22 Book of Assises 49. The King shall have the Lands by Escheat of one attainted of high Treason of whomsoever hee hold notwithstanding of petty Treason the Lord shall have them 29 Book of Assise 61. Note that Lands in taile shall not Escheat for the Felony or attainder of his Father but by the Statute of 5 6 Ed. 6. chap. 11. for high treason the King shall have his Lands 6 H. 7. fol. 9. by Keble Right of entry may Escheat as where the Disseisee dyes without heire or is attaint of Felony the Lord may enter 7 Ed. 6. tit 18. It was held If there he Lord and Tenant by Fealty and Rent the Tenant is disseised the Disseisee dyes without heire the Lord accepts the Rent by the hands of the Disseisor yet he may enter for Escheat or have a Writ of Escheat and the receit of the Rent no Barr contrary if he had avowed for that in Court of Record or if he had taken corporall service as Homage c. Contrary of acceptance of Rent by the hands of the heire of the Disseisor or of his Feoffee 48 Ed. 3. fol. 2. by Belk Where a man commits Felony and after purchase Land or Land discends to him after this is forfeited and Escheated as well as the Land which he had time of the Felony made 22 H. 6. fol. 37. by Newton A man seised of Land in fee goes beyond the Sea to B. out of the Kings Allegiance without the Kings license and there marries a Wife and there hath Issue and dwells there all his life and dyes without other Issue his Land shall Escheat and none other of the blood shall inherite 1 R. 3. fol. 4. by Hussey He which is borne beyond Sea and his Father and Mother English and faithfull to our King that their Issue shall inherite by the Common Law but the Statute makes that cleer and his Lands shall not Escheat 9 H. 7. fol. 2. If Tenant of the King dyes without heire and none enters the Freehold is in the King without Office by Escheate But if Tenant of the King alien in Mortmaine it is not in the King without Office 27 H. 8. tit Office 90. Br Where one is attaint by Parliament his Lands are not in the King by Escheat to grant over without Office 29 H. 8. tit 52. Charter of pardon Br. The King may be intituled to goods without Office by Outlawry but not to Lands 38 H. 8. title Thing in action 211. Br By the Statute of 31 H. 8. gives to the King possession of Lands of Monastries without Office for the words are that the King shall be in possession of them yet if an Abbat were disseised of foure Acres of land the King cannot grant that over before entry made by him into it Time of H. 8. tit 119. Pre. Br It seemes that the King shall not have a Precipe quod reddat as a Writ of Escheat but his title shall be found by Office Time of Ed. 6. tit Denizen 17. Where an Alien born purchaseth the King shall have it but the purchase ought to be found by Office 33 H. 8. tit Fines levied 115. Title Office before Escheator 60 Br King shall have Chattels without Office but not Ward 2 H. 7. fol. 8. The King may re-enter without demand where there is a clause of re-entry in his Lease but then that shall be found by Office Tit. Escheat 23. Br Alien borne hath Issue a Son and after is made Denizen and after hath Issue another Sonne and purchase Land and dyes the youngest Sonne shall have the Land and not the eldest nor the Lord by Escheat Tit. Escheat 29. B. VVhere a man is attaint of Heresie and delivered to Lay men to be burnt yet he shall not forfeit his Land unlesse he be put in execution and there by the execution the Lord shall have Escheat unlesse the Land be held of the Ordinary then the King shall have it Enquest FOR that that you try your Copy-holders and other Issues by consent by Jury let us see how many shall be sworn of a Jury The Statute of Westm 2. chap. 13. is that the Sheriff shall inquire by twelve and not by lesse and the same Law shall be in Leet and for that that this Statute doth not extend to Court-Baron Presentment of Articles there by lesse then twelve may be for one may hold Court-Baron though there be but two Suitors and then they may inquire by two of Articles for the Lord but hard it is when every one is inheritable to the Lawes of the Realme and the triall of the Law is by twelve of Issue joyned between party and party that by your not power that is to say that there should not be twelve Tenants of every Jury to take from me my Triall which the Law gives to me and if you will try Issue by lesse then twelve you may impannell three or foure of the Freinds to the parties and to have no number certain under twelve but to have such a
85. the same It is granted by all the justices that the King shall not out the Farmor of his Tenant by reason that the heire of his Tenant is in ward nor he which hath execution upon the Statute nor Rent charge granted by his Tenant nor grant of next Advowson Time of H. 8. Tit. Ward 44. Now if the Tearm be not found in the Office for the King yet the Farmor shall injoy his Tearm 2 Ed. 6. chap. 8. Where there is Lord and Tenant Rastall Escheat 15. and the Tenant grants a Rent charge and dies his Issue within age the Lord being Guardian shall hold this Land charged 3 Book of Ass 1. Seisin Seisin of the Guardians vests Free-hold in the Heire and Chattell in the Guardian and Seisin of the Lord of parcell sufficeth to have ward but not to avow for all and see what Seisin is materiall WHere by Office one is found in ward to the King that settles the profits in the King and the Freehold in the Heire 1 H. 7. fol. 6. and 42 Ed. 3. f. 4. Seisin of the Ward is Seisin of the Son within age so that if he dye without other Seisin the Daughter of the halfe blood shall not have this Land 8 Book of Assises 6. Possession of the Guardian is possession of the Heir for if the Guardian be outed the Heire shall have Assise without other Seisin 2 Ed. 4. f. 5. Though the Free-hold be in him which is in ward yet if he being in Ward cut the Trees of his Land in Ward the Lord may have trespasse against him 5 H. 4. fol. 2. If the Tenant holds by Homage Fealty and Rent and the Lord hath been seised of the Rent but not of the Homage within memory yet this sufficeth to have the ward 6 Ed. 6. Tit. Ward 122. If the Tenant hold by Rent and Knights Service and the Lord and his Ancestors have been alwaies seised of the Rent but not of the Homage Escuage not of the ward yet if the ward fall The Lord shall have the Ward of the Heire by Seisin of the Rent for the Seifin is not traversable notwithstanding otherwise it seems to make avowrie 7 Ed. 6. tit 69. 13 H. 4. Seisin of Homage without Escuage is sufficient to have releife for avowrie 22 Ed. 3. Tit. 90. Tenure B. By the Seisin of Escuage the Lord may distraine and make Avowrie for Homage 27 H. 8. fol. 25. Avowrie for Fealty and Rent and Issue upon the Tenure Seisin of the Rent is not good evidence nor Seisin of Suit of Court for it is another thing that the Avowrie is made for 44 Ed. 3. f. 11. Seisin of Fealty is not iufficient Seisin to have Assise of Rent but sufficient Seisin to make Avowrie for all 45 Ed. 3. fol. 23. the same Seisin of Escuage nor releife shall not be traversed and for that where one avows for Homage Fealty Releife and Escuage it is no Plea that he was not seised of Escuage nor of releife for paradventure Escuage is not assessed by Parliament within memory 13 H. 4. f. 6. Where one holds by Fealty and Rent If the Lord were seised of the Rent it is sufficient to avow for all see 29 Ed. 3. fol. 31. and 27. H. 8. f. 24. But the Issue was upon the Tenure Where one holds by Fealty and Rent Seisin of Fealty is sufficient to avow for all 45 Ed. 3. f. 28. 44 Ed. 3. f. 10. See 27 H. 8. f. 24. Seifin of parcell of Rent is sufficient to have Assise of all 8 Book of Ass 4. But if one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Nat. Bre. fol. 109. If one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Abridg. Book of Ass fol. 16. Seisin of Rent by the Predecessor of a Parson c. Of a corporation if it be gainfaid to the Successor it is sufficient to have an Assise of this Seisin Fitzh fol. 179. C.F. Seisin of Fealty is not sufficient to have Assise of Rent 20 H. 3. Tit. Avowrie 433. Where one holds by Fealty and ten shillings Seisin of parcell of the Rent sufficeth to have Assise for all Inquire time of Ed. 1. Tit. Avowrie 229. One may avow for releif without alleadging any Seisin of it 20 Ed. 3. Title One may have Escheat and Ward before that he be seised of the Services 11 H. 4. f. 16. Where one avows for that that the Plaintiff hath common in his Land and hath used to pay to him ten shillings and hath used to distraine for that it is not good without alleadging Seisin of that Rent 26 H. 8. fol. 6. Homage and Fealty And for that that the third Article of the charge is to inquire of Services withdrawn and for that that some Tenants make Homage and Fealty and some Fealty only you ought to see the form in Master Littleton fol. 18. and 19. Of making of one and of another and what shall be one and what the other and that none shall make Homage nor take Homage but such a one which hath an Estate in Fee simple or in Fee taile in his own right or in right of another and if a Woman having Lands in Fee or in taile takes a Husband and have Issue The Husband in the Life of his Wife shall make Homage but before Issue it shall be made in both their names and if the Wife dye the Husband shall not make Homage HOmage shall not be made to Tenant in Dower for it shall be made to none if he hath not Inheritance 22 Ed. 3. f. 19. 7 H 4. fol. 21. He which holds by Knights Service shall make Homage Litt. fol. 22. He that holds by Socage may hold by Homage and shall make Homage One cannot avow upon a Husband and a Wife as of right of the Wife for Homage unlesse that the Husband hath Issue by the Wife but if he avow upon them it need not be alleadged but it shall be intended that they have Issue see 44 Ed. 3. fol. 41. and 43 Ed. 3. fol. 13. Corporation cannot make Homage for corporation cannot appeare but by Attorney 33 H. 8. Title Fealty 15. Bishop or Abbot may take Homage contrary of Parson of a Church Time of Ed. 1. Tit. Fealty 12. In a Perque servitia an Infant was constrained to attorn and to make Fealty notwithstanding his nonage 20 Ed 3. Tit. 19. Tenant for yeares shall make Fealty to his Lessor Lit. fol. 29. D. 9 H. 6. fol. 43. and 5 H. 7. fol. 11. accordingly where a Rent is reserved By all the Justices that Tenant for yeares shall not make Fealty for it is as I beleeve to be intended not to the Lord but to the Lessor 10 H. 6. f. 13. It seems that a Lessor may avow upon a Lessee for years as within his Fee by the Mannor and for that shall make Fealty to his Lessor and may avow for
where the Lord prescribes to have the best he may seise for that that it is certaine 6 Ed. 3. Tit. but inquire Who shall pay Hariot and who not and when it shall be paid and what remedy upon putting it away ISsue in avowry if he die his Tenant for the Lord shall have Hariot though that the Tenant do not dye scised for it is sufficient if he dyed his Tenant though that he did not dye seised 44 Ed. 3. fol. 13. Br 1. and 7 H. 4. fol. 17. The Husband and Wife and their Son purchase lands joyntly hariotable and the Husband dies the Lord shall not have a Hariot till after the death of the last of them 24 Ed. 3. fol. 50. Br. 4. and Fitzh 3. 25 Ed. 3.7 and 19. R. 2. tit Hariot 5. Where a man dies seised of two Houses hariotable the Tenant shall pay two Hariots and note there the prescription that a Parson shall have the best Mortuary and the Lord the second best and if the Lord shall have the second best was the Issue taken 7 H. 6. fol. 26. Br. 3. Beasts which are remaining within the Fee of the Lord if they be removed out of the Lordship the Lord may take them for Hariot where he is to have Hariot after the death of every Tenant 27 Book of Ass 24. If my Tenant which holds of me by a Hariot aliens parcell of his land to another every one of them shall pay Hariot for that that it is intire 34 Ed. 3. Fitzh 3. After the death of a Prior Hariot shall not be paid for that he hath no property in the Beasts 32 Ed. 2. Fitzh 7. If a Husband Wife and their Son are seised for their lives the remainder to their said Son in taile after the death of the Husband the Lord shall not have a Hariot for he was not sole seised 24 Ed. 3. Tit. 3.19 R. 2. Tit. 5. The same for it is said there that if one do not dye sole Tenant there shall be no hariot paid Recordare longum If the Lord purchase the Tenancy held by hariot service then the hariot is extinct by the unity of possession for that that it is service annexed to the Land but I intend that it is otherwise of hariot custome where the Lord grants over the land 14 H. 4. f. 8. and 8 H. 7.11 Note that hariot is due immediately after the death of the Tenant Trespasse the Defendant as Lord may justifie taking of hariot within his Fee or if the taking were out it is good and the conveying it out is to no purpose but that the Lord may seise hariot out of his Lordship for it is not in case of the Statute where the Lord distraines within his fee for his services 19 R. 2. Fitzh 5. The Lord may seise Hariot which is the best Beast that his Tenant hath which held of him by hariot though they be in some place out of his Mannor for that that it is certaine 6 Ed. 3. Fitzh 4. If one which holds by hariot service to pay the best Beast dies and hath a Cow at the time of his death which is the best though that the Executors sell that the Lord may seise that in the hands of him to whom shee is sold if the Sale be not in an open Market and not there if without fraud 16 Ed. 3. Fitzh 2. By the custome of some Mannor and of most Mannors the Lord shall have only one hariot upon the dying seised of his copy-holder and discent and not upon every surrender But by the custome of some Mannor hariot is due upon every surrender for life in taile or in Fee as well as upon discent and that in nature of a hariot custome at the Common Law and by the custome of divers Mannors the Lord hath no hariot of some of his Tenants within the Mannor and of some he hath The Lord may seise for hariot custome the hariot and is to seise that of the Goods of the dead and for hariot service to distraine upon the land If a Copy-holder of Inheritance of lands hariotable lying in extreamity upon his bed surrender into the hands of two Tenants to the use of his eldest Son in Fee and dies before that surrender be presented in the Court the Lord shall have hariot but if this surrender had been presented in Court and the eldest Son had been aâ—â—â—ted accordingly and after the Father had dyed there the Lord shall have no hariot unlesse it be hariot custome due to him onely by custome upon every alteration and exchange of Tenant for life and in Fee The same Law is if the Father copy-holder of Land hariotable surrencer in the Lords Court to the use of himself for life of the Son of his Daughter for life and after to the use of the Son of his Daughter and to the Heires of the Son and they are admitted accordingly and after the Father dies the Lord shal not have hariot unlesse it be hariot by custome due upon every Estate for life in tail and fee upon every surrender which is due by the custome but in this case if the hariot were due by the death of his Tenants and discends to the heire only then the Lord shall not have the hariot If the Father being a Copy-holder of Inheritance or by the custome the Lord is to have Hariot upon every discent only and he lying in extreames surrenders into the hands of the Steward to the use of his eldest Son and his heirs and dies and after that surrender is presented in Court and he is admitted accordingly it seems that the Lord there shall have a hariot But if the Father being Copy-holder of Inheritance or by the custome the Lord having Hariot upon every discent only surrender in full Court to the use of his eldest Son and his heirs and the eldest Son is admitted accordingly and after the Father dies there the Lord shall have no Hariot So it seems if in this case the Father surrender to the use of himselfe for life the remainder to the use of his eldest Son and his heires and they both are admitted accordingly and after the Father dies there the Lord shall not have hariot 34 Ed. 3. Statham If my Tenant which holds of me by a hariot alien parcell of that land to another every of them is charged to me of a hariot for that it is intire and though the Tenant purchase the land again yet if I be seised of a hariot by another man I shall have of him for every portion a hariot and that by the opinion of Wilby and Sharde 4 Ed. 3. Statham Tit. Avowrie one avowes for hariot Plaintiff demands Judgement for that he doth not allead â—â—eisin of the hariot and it seemes of hariot custome he need not to alleadge Seisin but otherwise it is of hariot service 6 Ed. 3. Statham Tit. avowrie if one avow for hariot custome he shall recite the custome in his Avowrie 24 Ed. 3. Statham
Tit. avowrie if one avow for hariot and saith that he and his Ancestors have been seised time out of minde yet he ought to alleadge a speciall Seisin in him or in one of his Ancestors and to say by whose hand c. 38 Ed. 3. Tit. 2. Br. It seems where the Tenant holds by hariot service that is if he be to have the best Beast the Lord may seise as well as for hariot custome for that it is certaine and for hariot custome he shall alwaies seise and not distrain for that that the property is in the Lord 27 Book of Ass 24. 8 H. 7. f. 10. 13 Ed. 3. Tit. 9. Brook For hariot custome he may have an action against whosoever conveyes it away and a Detinue against him which denies it for he hath property in the thing and the Law adjudgeth possession in him without seisure as of the Body of a ward which is transitory Time of H. 8. for hariot custome a man alwaies shall seise and if it be conveyed away he may have a Detinue and for hariot service as here conveyed away he may distraine but not for hariot custome 3 H. 6. f. 45. Trespasse the Defendant prescribes in him and his Ancestors Tenants of the Mannor of D. to have the best Beast for hariot upon every surrender and the Horse taken was the best the Plaintiff saith that the property of the Horse was not in the Tenant time of the surrender and a good Plea Livery of Seisin For that that you give in the second Article of Charge to know what Estates your Tenants have for that something shall be said afterwards which is an Estate in Fee and which in taile and also of other Estates and first for that to Feaffments Gifts and Estates made in taile and for life by you to others there ought to be Livery of Seisin let us see what is good Livery upon the Land and what within the view of the Land and what not IF Liver 〈◊〉 made and the Termor for years be not outed this is not good 21 H. 7. fol. 7.19 H. 6.56.2 Ass 1.5 Ass the last and 7. Ass 3. And he to whom the Livery is made stay a night with the Termor and not out the Termor yet this is not good Britton fol. 102. and 29 Ass 60. If Livery be made and the Termor be not put out upon the Livery or that he attorn it is not good 5 Book of Ass 8. If a Feoffment be of two Mannors whereof one is in Lease for yeares and the Livery is made in the other which is not in Lease this in Lease doth not passe for there shall be Livery made in that also or otherwise the Termor ought to attorn 11 H. 4. fol. 71. To deliver a peice of Earth of the land to him which takes the Seisin is a good Livery 2 Book of Assises 1. The Sheriffe may deliver Seisin of Rent recovered by Beasts Grasse or Clod and it is good 40 Ed. 3. fol. 22. Perkins 42. Office is granted in Forrest to which land is belonging and Seisin is delivered by a Horn and an Axe and is good 1 H. 7 f. 17. the old print A man makes a Feoffment to a Woman and when he comes to the Church doore to be married he delivers to her the Deed and there shews to her the land and is a good Livery 39 Ed. 3. fol. 11 and 38. Ass 22. Where one is sick in his House and delivers the Deed of Feoffment in name of Seisin it is good Perk. fol. 48 A Deed by I have given and granted or I have given only sufficeth to a Disseisor if he deliver to him the Deed without other Livery for it is a confirmation Littleton 121. One lying sick in his House makes a Charter of that and saith take and keep according to the Charter and he takes Seisin and the Feoffor be not out and yet good so it is in the same case if he say take Seisin and command all the Servants to attend on him 27 Book of Ass 61. Perkins f. 43.44 43 Ass 20. There may be Livery within the view as I deliver to the Feoffee a Deed of feoffment and I say that I will that you shall enter into the same lands and have them according to the Deed it is good if you enter Perk. fol. 43. and 18 H. 6. f. 16. The Father infeoffs his youngest Son of a◠House and the youngest Son come into the Church of the same town where the House is and saith in the presence of the Parishioners Father so frankly as you have given to me the House I give that to you and the Father goes to the house and enters and dies seised and is good and the eldest Son shall have that and not the youngest 39 Ass 12. Per kins f. 44. the same and 42 Ed. 3. Feoffment 54. Note that it is notorious and this the reason The Father makes a Feoffment and a Letter of Attorney to L. to make Livery and before the Deed delivered commands L. to make Livery upon condition and he makes that upon condition it is good 28 Book of Ass 439. A man makes a Feoffment by Deed simply but he delivers Seisin upon condition the Feostee takes it conditionally and not by the Deed 8 H. 5. fol. 8.18 Ed. 3. fol. 19. and 18 Ed. 4. f. 12. Littleton fol. 83. The Father for advancing his youngest Son makes to him a Charter and a Letter of Attorney when he was of sound memory and after by sicknesse cometh mad so that he was dumb at the time of the seisin delivered but by all signes agreed and this is a good livery 25 Book of Assises 4. If a Lease be made for life by Deed and the Lessor saith Go you and enter but no livery is made though that he enter yet by Newton hee hath but an Estate at will and no Freehold 18 H. 6. fol. 16. When one makes a Feoffment and delivers the Deed to the Feoffee and said God give you joy this is a good livery 41 Ed. 3. fol. 17. Abridg. Ass fol. 94. and 41 Ass 10. but it seems it was within the view Feoffment is good of Lands by Deed and delivering the Deed within the view of the Land so that the Feaffee enters accordingly but if the Feoffor dye before the Feoffee enter then the Land discends and the Feoffment shall take no effect Time H. 8. B. Feoffments 70. A man makes a Feoffment to another and delivers to him the Deed in the Land or upon the Land this is a good Feoffment by all the Court 35 H. 8. Brook Feoffments 74. Note by these is to be gathered that where the Feoffor delivers the Deed within sight of the Land to the Feoffee and he enter this is a good livery and seisin but if hee doe not deliver the Deed within the view nor use words within the view which may countervaile livery I suppose free-hold doth not passe If a Lease be made for
life by Deed and I deliver it out of the view and no livery of seisin that he is but Tenant at will by Newton as it is sayd before 18 H. 6. fol. 16. Note where a Deed shall enure as a confirmation without Livery of Seisin and where not A Lease for yeares is made and after the Lessor makes a Deed by I have given granted and confirmed to the Lessee to him and his heires and deliver to him this Deed this is good without livery 22 Ed. 4. fol. 37. and 19 H. 6. fol. 44. the same If I let to one for yeares and after make to him a Deed by I have given and granted to have the Land for life or to him and to his heires and deliver to him the Deed he hath an Estate according to the Deed without livery and seisin the same Law where a Disseisee makes a Deed by I have given to the Disseisor and delivers to him the Deed as before is sayd Lit. fol. 121. Feoffment to diverse and livery to one where both take and where not and where one makes a Letter of Attorney by words is not good A Man makes a Feoffment by Deed to twenty and delivers the Deed and Seisin to one in the name of all this is good to them all but if he enfeoffe twenty without Deed and Delivers seisin to one in name of all this is good to him onely Time of H. 8. Br Feoffment 72.15 Ed. 4. fol. 18. and 10 E. 4. fol. 1. by Choke Tenant enfeoffs the Lord and another and makes livery to the other nothing vests in the Lord without his agreement 10 E. 4. fol. 12.6 E. 4. fol. 4. Where a Corporation and another are enfeoffed livery to one is not good to both for that that they take in Common and for that livery shall be to both of them 7 H. 7. fol. 9. by Hussey Attorney by word cannot make livery 19 H. 8. fol. 9. by Shelley and Englefeild A man enfeoffe foure by Deed and one makes letter of Attorney to J. S. to take seifin for him and the rest and he takes seisin accordingly the residue take nothing by the seisin 17 H. 8. Br Feoff 67. Mortdancester Many times Mortdancester is brought of Copy-hold Land and for that some thing shall be said of Mortdancester and it seemes if the Tenant traverse one point of the writ the residue shall not be inquired Contrary is by 9 Ed. 3. fol. 30. Fitzh Mortdancester 13. IF one takes Issue upon one point and found against him the residue shall be held confessed 27 H. 8. fol. 12. and 39 Ass 13. But Abridgement of Assise fol. 120. If the Tenant plead in Barr which is found against him the Assise ought not to inquire of the points at large Mortdancester If the Tenant traverse one of the points of the Writ as to say that he is not next heire and is found for the Plaintiffe there he shall not inquire of other points for when one point is traversed all others are in manner acknowledged otherwise it is where he acknowledgeth no point as pleading that the Plaintiffe is a Bastard there they ought to inquire of the residue of the points Statham 35 E. 3. If the Tenant traverse one of the points of the Writ the remainder shall be held not gainsayd by Sharde 14 E. 3. tit Fitzh 8.33 E. 3. Fitzh 34. accordingly Abridgement of Assise fol. 118. The points of the Writ are three that is First if the Ancestor of the Demandant was seised in his Demesne as of fee the day that he dyed Secondly If he dyed seised within fifty yeares last past Thirdly If the Demandant be next heire The Tenant saith that the Ancestor of the Plaintiffe did not dye seised in fee and the Assise charged upon all the points 9 Ed. 3. tit 13. and 9 Book of Assises 14. according B. 21. If the Tenant plead in Barr without that that the Father of the Demandant dyed seised if that be found against him the points of the Writ shall not be inquired but if he plead to the Writ it is otherwise 27 H. 8. fol. 12. by Fitzherbart Where the Tenant traverseth one of the points of the Writ and the Assise is awarded and found for the Plaintiffe he shall not inquire of the other points but shall be taken confessed Abridgement Book of Ass fol. 118. If the Tenant pleads Feoffment or Surrender he ought to traverse the dying seised IF the Tenant pleads matter in Deed as Feoffment of the same Ancestor they ought to traverse the dying seised but if hee plead recovery this is a Barr unlesse the Tenant convey title afterwards 6 Ed. 4. fol. 11. Mortdancester Natura brevium 119. By Thorpe Feoffment of the same Ancestor is no Plea in Barr but to the Assise for the Action is taken of dying seised after that is to say The day that he dyed or not 34 Book of Assises 20. Where there shall be a re-summons and where the Assise shall be awarded upon default and the points shall be inquired THe Tenant was Essoyned and at the day made default and re-summons was awarded and sayd that it ought 8 Book of Assises 13. Inquire Fitzh fol. 196. G. The Tenant was effoyned and at the day made default and adjudged that the Assise shall be taken by his default and that resummons shall not be but immediately after Summons 4 H. 7. f. 23. and 4 Ed. 2. Fitzh 37. A man cannot recover by default in this Writ without inquiring of the points of the Writ 31 Ed. 3. Tit. 58. Abridgment Book of Assises f. 119. The Tenant makes default by which resummons went out upon which he comes and pleads and doth not answer to the default Where it is found against the Tenant upon Plea which trencheth to the action the points of the Writ shall not be inquired otherwise it is upon a Plea in abatement see 39 Book of Assises 13. and 29 Book of Assises 48. Mortdancester If the Tenant plead non-tenure of parcell to the Writ and if found c. And is ready to heare the Recognisance of the Assise the points shall be inquired 20 Book of Assises 19. and 4. Ed. 2. fol. 39. Mortdancester the Tenant saith that he is ready to heare Recognisance of Assise the points inquired 12 Ed. 3. f. 10. If the Tenant plead non-tenure of parcell he ought to plead over to the Assise that is to pray that the Points be inquired 12 Book of Assisee 8. and Abridgment Book of Ass fol. 122. See there Where Mortdancester lyeth IT lyes for the Heir where his Father Mother Brother Sister Uncle Aunt Nephew or Neece dieth seised of any Lands of an estate in Fee and an Estranger abates there the Heir shall have a Mordancester and when his Father were seised and disseised the day that he dyed yet it lyes Fitzh fol. 195. C.D. If Tenent by the Curtesie alien the Heir shall have Mordancester unlesse he hath assets by him And if a
heires males adjudged that the Grant is void for that that the King is deceived in his Grant for this sounds in Fee simple whereas it is sayd the King intended but an Estate taile which is not so expressed And therefore now he is but Tenant at will and contrary in the case of a common person For Littleton fol. 6. saith Lands are given to another to have and to hold to him and his heires Males or to his heires Females or to whom the gift is made hath Fee in a common persons case for that there is no limitation in the gift of what body 6 H. 7. fol. 13. If Office be granted to one for life and after the King grants that to another and doth not recite the first Grant the King is deceived and it seemes that the second Grant is voyd 1 H. 7. fol. 13. Where the King of meer motion forgave A B of all his Debts and was Sheriff and after in the Exchequer he pleads that as Sheriff and held for that that it is of his owne motion and is generall yet he may plead that and it is a good Barr Otherwise it is where it is by suggestion for where it is of meer motion it is intended the King is not deceived but it seems if the King pardon one all his Debts he as an Executor shall not take advantage of that The same Law is if two be indebted and the King pardon one the other shall not take advanrage of that for it was the onely debt of him 9 H. 7. fol. 2. Where a Grant of the Kings is of his meer motion and the King recites that where he hath granted by his Patent he ratifies and confirmes and over We give and grant this give and grant is not but voyd for the King is Estopped to say the contrary but that he granted and ratified that but if it were as We are informed he is not Estopped and the King there is deceived And where it is of his meer motion recyted that he holds for life he is Estopped to say contrary but if it were as We are informed he is not Estopped and the King is deceived and he holds not for life 3 H. 8. fol. 7. held VVhere a Grant of the King is not onely of his meere motion but also of suggestion there if any part of the suggestion be not true the whole Grant is voyd 8 H. 7. fol. 1. VVhere the King upon information of the party Grants a Mannor which he hath by forfeiture and hath not that by forfeiture it is voyd for he is deceived So it is sayd where the King grants reversion where there is no reversion he is deceived and voyd 27 H. 8. tit Patents 100. It is sayd for Law that a false consideration in letters Patents shall not avoyd them as where the King for ten pounds to him payd gave such Land and the ten pounds is not payd the Patent is not void and shall not be repealed Contrary of Patent granted upon false surmise as to falsifie that the Land came to the King by the attainder of J. S. which is not true or such like 26 H. 8. fol. 1. If the King grants Lands to J. S. and recites for good service he hath done he grants and it is not true yet the Grant is good though the consideration is false 27 H. 8. fol. 33. by 6 H. 8. fol. 15. Will That the second Patent of an Office shall be voyd where another Patent is made before during the will of the King If mention and recytall be not made in the second Patent of the first Patent made at the will of the King if the Officer hath Fee it is voyd otherwise it is if hee have no Fee as it seemes 3 H. 7. fol. the last 6 H. 7. fol. 13. the same Where the remainder in Fee depends upon determination of Estate and where upon Condition and where upon Contingent HUsband and his VVife seised in right of his VVife in taile the Husband enfeoffs other two so long as J. S. and seven other persons live together and if it happen any of them to dye that then the remainder to the Husband and his VVife and to the heires of the VVife and J.S. dyes and the Husband and the VVife enter as they may for the remainder depends upon determination of Estate and not upon condition for death is certaine and for that the Estate is determined 18 H. 8. fol. 3. 18 Ed. 3. fol. 2. A Fine was levyed to the Husband and his VVife and to their heies Males of their two bodies begotten so that if the Husband dyed without heire Male that that should remaine to the right heires of the Husband and is received for that doth not depend upon condition but upon a limitation upon contingent of death which is certaine 27 H. 8. fol. 28. A Fine upon grant and render by which the Conisee grants and renders to the Conisor the Lands in taile upon condition that the Conisor and his heires shall carry the Standard of the Conisee in Battell and if the Conisor or his heires faile that then that shall remaine to a stranger this depends upon a condition and by Fitzherbert Fine cannot be taken upon a condition but if it be taken it is good And by Fitzherbert the Fee is in the stranger forthwith before the Tenant for life dyes otherwise it takes no effect for this word that then it shall remaine referrs to the possession of the Lands that is that then the possession of the Land after the death of the Tenant for life should remaine but if one let for life upon condition that if he dye c. the remainder to a stranger that is in him presently Plowdens Commentaries fol. 487. Nichols Case If a Lease be made upon condition that if the Lessee pay certaine Moneys within the tearme that he shall have it in Fee he hath no fee forthwith but upon the payment but it seemes this varies from the remainder If a man makes a Lease for life upon condition that if the Lessor dye without Issue that then the Lessee shall have fee the Lessee enters into Religion and after the Lessor dyes without Issue and after the Lessee is drawne out of Religion he shall not have fee in so much that at the time of the condition the fee could norvest in him 21 H. 7. fol. 11. Gift is in taile upon condition that if he alien in Fee that his Estate shall cease and that this shall remaine to a stranger it is not good for an Estate of Inheritance cannot cease also it cannot remaine without particular Estate and it cannot be upon a condition repugnant Where your Tenant hath the fee in him in expectancy and not executed in him and where it is executed in him A Lease to the Father for life the remainder to the eldest Son in taile the remainder to the right heires of the Father the Father dyes and the eldest Son dyes
without Issue the youngest Son shall pray releife and the Fee was but in expectancy 40 Ed. 3. fol. 9. A gift to three Brothers for life the remainder to the middlemost in taile the remainder to the right heires of the elder in Fee the middlemost and the youngest dye without Issue the Fee is executed in the eldest 40 Ed. 3. fol. 20. Tenant for life the remainder to J. S. in taile the remainder to the right heires of the Tenant for life the Tenant for life is impleaded and hath ayde of him in remainder for that that the Fee is in expectancy 41 Ed. 3. fol. 16. Lease for life the remainder in taile the remainder to the Tenant for life in Fee yet if he make waste hee shall be punished in waste for that he hath the Fee in expectancy but not executed Fitzh fol. 60. B. Gift in taile the remainder to his right heires in Fee this remainder is not executed yet it is in him to grant Perkins fol. 19. 12 Edw. 3. the same and 7 H. 5. fol. 2. the same Where one hath an Estate in taile Rastall Treason 12 19. the remainder to his right heires and is attaint of Felony he shall forfeit the Fee but the Issue hath the Estate taile 12 H. 4. fol. 3. But by the Statute of 5 Ed. 6. chap. 12. and 26 H. 8. chap. 13. One attaint of high Treason against the Queen the Issue shall not have the Land intailed 7 H. 8. fol. 48. Fitzh fol. 30. B. Tenant in taile Land is given to R. and Katharine and to their Heires and to the other heires of the said R. If the said heires of the said R. and K. Issuing dye without heire of them it is an Estate taile 5 H. 5. fol. 6. Perk. fol. 35. a. LAnd was given to one and to his Heires if he have Issue of his Body begotten and if not that the Land should return it is an Estate taile 35 Book of Ass 14. Land is given to one to hold to him and his heires if he have an heire of his own flesh and if not it should return it is an Estate taile 37 Ass 15. Land is given to one to have to him and the heires of his Body and to one heire of the said heire only it is and estate taile for two Discents at least Plowdens Commenfol 39. Book of Assises 20. Gift to the Brother and to his Sister and to the heires of their two Bodies begotten is an Estate taile that is severall tailes 18 Ed. 3. f. 39. and 17 Ed. 3. f. 51. Land is given to a married man and to a woman married to another man and to the heires of their Bodies begotten they have an Estate taile presently 15 H. 7. fol. 10. If Lands be given to one to have and to hold to him and his Heires And if it happen that he dy without heire of his Body then it shall remaine c. It is an Estate taile 5 H. 5. f. 6. and 19 H. 6. f. 75. the same Land is given to the Husband and to his Heires of the Body of Margaret his Wife begotten though that Margaret were dead at the time of the gift it is an Estate taile 12 H. 4. f. 2. Lit. f. 6. Lands was given to the Husband and his Wife and to their heires saving the reversion it is an Estate taile 9 Ed. 3 Statham Lands were given to Maude late the Wife of John Mandevill and to the heires of the said John which he begot of the body of the said Wife the Wife hath an Estate for life the Issue an Estate taile 2 E. 3.7 17 E. 2. Tit. Fitzh 23. Taile 7. 23. Where lands were given to one and his Heires of his body begotten before the Statute of Westm 2. he had fee conditionall and after Issue had had power to alien and now by the Statute they have taile Lit. f. 3.12 Ed. 4. f. 3.19 Ed. 2. Tit. 61. and 18 Book of Ass 5. the same A man gives to the Husband and his Wife for their lives and the longest liver of them the remainder to the Heires of their Body this is a good intaile executed immediately 35 H. 8. Brook Estates 75. Lands are given in frank-marriage to have to them and to their heires it is said that they have Fee but if it were given to them in taile to have to them and their Heires they have taile and Fee expectant 45 Ed. 3. fol. 20. and 32 Ed. 1. there Fitzh Taile 25. it is adjudged taile If Lands be given to a man and his Wife in frank-marriage to have to him and to his heires they have taile for the frank-marrying shall not be defeated by these Words afterwards 31 Ed 1 Tit 25. Lands are given in Frank-marriage the remainder over to a stranger and for that it cannot be an acquittall it shall be called speciall intaile 31 Ed 3 Tit gard 116 and 17 Ed 3 Taile 2. Gift to one in taile the remainder to his right heires he hath taile and Fee expectant 7 H 5 fol 2. Lease is made for life the remainder to another in taile the remainder to E. Daughter of the Earl of Arundell in taile saving the Reversion and all dye and E. is heire to the Donor and hath taile as Purchasor but shee hath fee expectant and she shall have aid but not age if she be within age for that that the Fee is but in expectancy 40 Ed 3 f 13. 24 H. 8. Tit. 33. Tenant in taile hath Issue and aliens with warranty and levies Assets and dies the Issue cannot recover by Formedon for the Warranty and Assets is a Barr and if the Issue alien the Assets his Issue shall not have Formedon but his Issue shall have a Formedon for no Assets discends to him 35 H. 8. tit 39. Land is given in taile to the King and after the King by his Patent lets for yeares or for life and hath Issue and dyes the Patent is voyd for it is no discontinuance Tit. Discent 35. for a Grant without livery doth not make discontinuance 32 H. 8. If Tenant in taile lets for yeares and dyes without Issue the Lease is voyd and hee in remainder may enter 5 Ed. 4. fol. 2. Tenant in taile shall not have a Quo Jure nor Ne injuste vexes for they are VVrits of Right 14 Ed. 4. fol. 6. If one recover in a Writ of Right against Tenant in taile of a Rent he hath Fee till he be defeated The same Law if tenant in tail be disseised the disseisor hath fee till he be defeated and so hath the discontinuee 39 Ed 3 tit 18 Tenant in tail of a Lordship by default of entry within a year after the alienation of the land in Mortmain may prejudice him in remainder in tail and by consequence his issue Fitzherbert 224 Tenant in tail shall have a Quod permittat Fitzherbert 136 shall have a VVrit of Mesne Fitzherbert 151 O shall have a VVrit of customes and services
and this land intailed is delivered in execution and the Tenant in tail dies after that his issue may enter notwithstanding this Act without suing Audita querela 38 book of Assisse 5. Tenant in tail grants a rent charge and dies the issue enters and enfeoffes I. S. and takes back an estate the charge is determined for by the entry of the issue the rent was extinct notwithstanding execution upon the Statute was executed against the Feoffee of the Tenant in tail and not against his issue 14 Book of Assises 4. Inquire and see the case of Trapps Plow Com. f. 436. 5 H. 7. f. 12. Rent charge is granted by Tenant in tail and after he dies this is determined If issue in tail be outlawed of felony in the life time of his father and hath a Charter of pardon in the life time of his father and after the father dies the issue may enter otherwise it is if the Charter were granted after the death of the father for then if he enter the King shall seise for his life but his issue may enter 29 Book of Assises 60. If Tenant in tail be bound in a Statute Merchant and hath issue and dies and execution is sued against the issue this is disseisin to him 17 book of Assise 21. If Tenant in tail grant a Rent charge and dies the Rent is determined and shall not bind the issue 5 H. 7. f. 14. B. 38 Ed. 3. tit 13. Tenant in tail chargeth the land enters into a Statute or Recognizance and dies it shall be void against the issue If one recover against the Tenant in tail and the Tenant in tail dies before he which recovers enters or hath execution the issue in tail may enter and is not bound by that 7 H. 4. f. 17. B. Littleton f. 155. Tenant in tail of a reversion acknowledgeth that by fine to one with warranty and dies yet this shall not bind his issue for it is no discontinuance by the Common-Law 9 Ed. 4. f. 19. But by 32 H. 8. chap. 36. this fine with Proclamation is now a barr after the year Tenant in taile of Rent grants that to one with warranty and dies this shall not binde the Issue for it is no discontinuance but at pleasure that is if he bring a Formedon and then warranty with Assets is a Barr 15 Ed. 4. fol. 6. 21 H. 7. fol. 10. and 13 H. 7. fol. 10. the same If the Tenant in taile exchange or devise his land in taile and dies this shall not binde the Issue but that he may enter for it is no discontinuance 9 Ed. 4. fol. 22. Tenant in taile grants a Rent charge for release of right in the Land this shall binde his Issue after his death 44 Ed. 3. f. 22. 8 H. 6.23 If Tenant in taile be attaint of Felony and dies that shall not bind the Issue but that he may enter by the common Law 12 H. 4. f. 3. Nat. Bre. f. 102. the same Tenant in taile of full age le ts for 21. yeares according to the Statute of 32 H. 8. chap. 28. reserving the ancient Rent or more and dies this is a good Lease and shall binde the Issue If Tenant in taile let for 22. yeares and dies this shall not binde his Issue but he may enter and our the Lessee but yet he may have covenant against the Excutors of Tenant in taâ—le though it were not warranted in the Indenture 48 Ed. 3. fol. 2. 18 Ed. 3. Tit. 13. the same If the father Tenant in taile of land suffers recovery and execution and dies or cause collaterall warranty to he made one or other shall binde the Issue untill c. for it is discontinuance 3 H. 7. f. 13. The Issue in taile in Formedon may falsifie a recovery by default had against his Father and also where it is by fained action as there was a release made to his Father not pleaded and so recovery joynt Littleton fol. 155 The Issue in taile is not bound by a recovery against his Father but that he may say that his Father discontinued and took another intaile and so was seised of another intaile then he demanded time of the recovery 12 Ed. 4. fol. 15. and 13 Ed. 4. f. 1. the same The Issue in taile is not bound by recovery against his Father if his Father were not Tenant but one J.S. 14 Ed. 4. fol. 2. and fee Plowd Com. fol. 1. the case of Mansell If Tenant in tail infeoffs one against whom a Precipe quod reddat is brought or an entry in the Post and he voucheth the Tenant in taile which made the Feoffment and he over the common Vouchee this double Voucher is the most sure conveyance to Barr the Issue by reason of the recompence in value and this is the common conveyance at this Day where there is an Estate taile and this barrs the Issue in taile forthwith and also is a Barr to him which hath over that in remainder in taile by reason of the recompence which the first Tenant in taile hath by his Voucher 13 Ed. 4. f. 1. and 27 H. 8. Tit. Recovery in value 28. Recovery upon Voucher against Tenant in taile is a Barr by reason of the recompence in value and recovery by Writ of Entry in the Post by single Voucher doth but give the Estate which the Tenant in taile hath in possession at the time of the recovery so that if he were in of another Estate then in taile there the taile is not bound against the Heire 23 H. 8. Tit. 32. Note that a Fine levied by Tenant in taile where the remainder is to another in taile with Proclamations if he dye without Issue he in remainder hath five yeares to make his claime and for that recovery is better for it is a Barr forthwith 30 H. 8. Tit. Recovery in value 30. Of Lands in taile the Issue in taile shall be bound and charged of these Lands to the payment of Debt which his Ancestor ought by obligation made to the King as I take it 33 H. 8. chap. 39. inquire Land that a woman holds in Dower of her Husbands shall be charged where the Husband was indebted to the King if the Heires or Executors have not sufficient but where the title of Dower was before the Debt to the King otherwise it is Fitzh fol. 150. Q. It seems that the Heire in taile shall be charged for Debt due in the Exchequer to the King by his Father if the Executors have not sufficient Fitzh fol. 117. C. Notwithstanding if Tenant in taile Debtor of the King in the Exchequer dy his Issue shall not be charged as it is held in Plowd Comment fol. 249. See there 440. For Debt of the King against the Heire in Fee 32 H. 8. Tit. Discont 32. Recovery against the Tenant in taile the Reversion or remainder in the King in Fee shall binde the Tenant in taile and the Issue in taile but shall not binde the King but now
by the Statute of 35 H. 8. chap. 20. It shall not binde the Issue in taile but that he may enter see M. 33. H. 8. Tit. 31. Recovery in value Seek if the Statute of 34. 35. H. 8. Provides for any Issues in taile but only the Issues of the Donees of the King for the Preamble speakes only of those but the Statute is whereof the reversion or remainder is in the King and for that it seems every Issue in taile where the Reversion or remainder is in the King may enter but a Fine with Proclamation by such Tenant in taile the Reversion or remainder in the King seemes is not remedied by this Statute but by 32 Hen. 8. chap. 36. Where Reversion is in the King is no discontinuance for though the Heire in taile shall be barred by Fine with Proclamation after Proclamation made yet there is an exception in the Ststute of those whereof Reversion or remainder is in the King so that it shall not binde such Issue in taile title assurance 6. see 4 H. 7. chap. 24. 37 Hâ—â— Where Tenant in taile is attaint of Treason before the Statute of 26 H. 8. His Son shall have the land for he doth not claime only as Heire but by the Statute and by the form of the gift see the Statute of 5 and 6. Ed. 6. chap. 11. That for high Treason Tenant in taile shall forfeit his Lands Com. f. 237. 27 H. 8. f. 6. If Tenant in taile sell Trees and dies and after he that hath bought them cuts them trespasse lies but if they be cut in his life time it seems the Buyer may take them 18 Ed. 3. Tit. Disseisin 92 Where Tenant in taile is bound in a Statute and dies and his Issue enters and the Conisee outs him by execution which is an act of Law he is a Disseisor Plowd Com. f. 235. before the Statute of Westm 2. he had but an Estate of Inheritance and that was Fee but this was in two manners absolute and conditionall and Formedon in Reverter was at the common Law and Formedon in Remainder by the Statute 1 H. 4. f. 6. If Tenant in taile by Estoppel or livery suing holds of the King and dies his Issue shall not be Estopped 43 Ed. 3. f. 14. Presentment to an Advowson in the life of the Tenant in taile puts him during his life out of possession but not his Issue 38 Ass 5. Tenant in taile is bound in Recognisance and Execution is sued by Elegit and this Land delivered in execution and after the Tenant in taile dies his Issue may enter without suing Audila querela 17 Ass 21. If Tenant in taile be bound in a Statute and hath Issue and dies and after execution is sued against the Issue this is disseisin to him and he shall have Assise though he comes in by processe by Law 14 Ass 3. It seems if Tenant in taile be bound in a Statute and dies and after his Issue infeoffs J.S. that the Conisee may have Execution against the Feoffee 35 H. 8. fol. 38. If the King gives in taile by his Letters Patents and after the Donee surrenders the Letters Patents to the King the taile by this is not extinct 38 H. 8. Tit. 39. Land is given in taile to the King he is Tenant in taile and cannot have greater Estate then the giver will depart to him and if the King let for yeares or for life or make a Feoffment in fee and hath Issue â—nd dies the Issue may enter for this is no discontinuance Tenant in Frank-marriage GIft was to the Husband and his Wife in Frank-marriage and this may be as well after the marriage as before 4 Ed. 3. Title Taile 6. Perkins fol. 48. C. If a gift be made with a woman in Franke-marriage which is not Cozen to the giver this is but for life Old Tenures Gift in frank-marriage with the Son of the giver his Cozen is no frank-marriage Time of H. 8. Tit. 10. but Fitz f. 172. H. and 7 E. 4. f. 12. A. by Moile in the Prior of Spaldings case seems contrary Gift in frank-marriage within the yeares of Marriage with a Daughter and they were divorced at full age at the Suit of the Husband yet the Daughter shall have all for she was the cause of the gift 19 Book of Assise 2. 19 Ed. 3. Title Assise 83. If a gift be to the Husband and his VVife in taile and they are divorced it seemes that they have not now but a freehold and though that they have Issue before the Divorce that shall not inherite But if a gift in tayle be made to two men or to one man and his Mother or Daughter and to the heires of their bodies their severall heires of their bodies shall inherite for that that they cannot marry 7 H. 4. fol. 16. and 17 Ed. 3. fol. 51. and Title tayle the 15. This is where the Divorce defeats the marriage from the beginning Gift in Frank-marriage rendring twenty shillings rent this reservation is void 4 H. 6. fol. 22. by Martin But the old Tenure is contrary tit Frank-marriage and 17 Ed. 3. fol. 66. also contrary If a gift be in Frank-marriage with his Cozen rendring Rent this is Intaile and not Frank-marriage and if a gift be with a Woman in Frank-marriage which is no Cozen to the giver this is but for life See before the 45 Ed. 3. fol. 20. If a man give in Frank-marriage rendring Rent the reservation is voyd till the fourth degree be past 26 Book of Ass 66. Land was given to a man and his Wife in Frank-marriage to have and to hold to the Husband and his heires and adjudged they have taile and not Fee for the frank-marriage shall not be defeated by words afterwards 32 Ed. 1. tit Taile 25. Reversion was given with his Daughter to one in Frank-marriage and is good 26 Ed. 3. tit 27. Taile Gift is made with Agnes his Daughter to A. in Frank-marriage and after A. marries Agnes and dyes and hee gives another Acre with Agnes to B. her second Husband in Frank-marriage and both are Frank-marriage 31 Ed. 1. tit Taile 30. Gift in Frank-marriage the remainder to J. D. in fee is not good for there cannot be an acquittall where remainder is given over Time of H. 8. tit 11. 19 Ed. 3. tit 1. If Lands be given in Frank-marriage to have for their lives the To have shall not abridge but inlarge the Estate and for that is is Frank-marriage 2 E. 3. tit 94. One gives Land to A. with Alice his Daughter in Frank-marriage to have and to hold to the aforesayd A. and his heires and it seemes Frank-marriage 13 Ed. 1. tit Formedon 63. I. gave R. and Alice his Daughter Lands in Frank-marriage to have to the aforesaid R. and Alice and their heires or to whom he will assigne it and the sayd R. did beget no heire of the sayd Alice nor the sayd R. and A. did not assigne it to any
in their life time and it seemes that after the death of R. and A. without Issue the Land ought to revert to J. See 45 Ed. 1. fol. 20. Tenant after possibility of Issue extinct TEnant after possibility of Issue extinct shall not have ayd of him in reversion but he in remainder shall be received upon his default 2 H. 4. fol. 17. 7 H. 4. f. 10 11 H. 4. fol. 14. the same Time of Ed. 1. Fitzh wa st 125. shall not be punished in wast Nor shall be compelled to attorn in a Quid juris clamat 46 Ed. 3.25 39 Ed. 3. the same and 12 Ed. 4. fol. 3. the same If he alien he in reversion may enter for forfeiture 45 Ed. 3.25 11. H. 4. f. 14. the same 10 H. 6. f. 1 and 39 Ed. 3. f. 20. Tenant after possibility of Issue extinct shall not have wast 2 H. 4. f. 21. wast doth not lie against Tenant after possibility of Issue extinct 45 Ed. 3. f. 25. He shall not have aid but if he alien he in reversion may enter for forfeiture 10 H. 6. f. 1. 39 Ed. 3. f. 20. Lit. f. 7. and 11 H. 4. f. 14. the same 39 Ed. 3. tit 17. Taile Tenant after possibility of Issue extinct which is impleaded shall not have aid of him in reversion but if he alien in Fee he in reversion may enter and shall not be compellable to attorn nor wast lies against him but if he makes default after default he in reveresion may be received Tenant by the Curtesie IF a married woman be Tenant after possibility of Issue extinct and the Fee discends from her Ancestor and she dies it is held that the Husband shall be Tenant by the curtesie 9 Ed. 4. f. 19. and 14 Ed. 3. f. 7. Husband discontinues Lands of his Wife and takes an Estate again to them in fee and hath Issue and the Wife dies then the Husband shall not be Tenant by the curtesie 9 H. 7. f. 1. If a man have Issue by his Wife Inheritrix though she had Issue a Daughter before she inherited yet he shall be Tenant by the curtesie 21 H. 3. Title Dower 198. If a woman Signioresse take her Tenant to Husband and hath Issue and dies the Husband shall not be Tenant by the curtesie of Services 1 Ed. 3. Tit. Dower 70. A man shall not be Tenant by the curtesie unlesse his VVife have possession in Deed of it but of an Advowson and Rent where she dyed before day of payment he shall be Tenant by the curtesie 21. Ed. 3. fol. 49. the same If the Issue be born living notwithstanding that he dies before he be heard cry the Husband shall be Tenant by the curtesie for the Issue shall not be taken if the Infant were heard cry after he was born but if he were born alive or not Perkins f. 89. A man seised of Land in fee is attaint of felony his Wife shall loose Dower but if the VVife seised in fee be attaint of felony and hath Issue by her Husband and she is hanged yet the Husband shal be Tenanr by the curtefie 21 Ed. 3. f. 49. A man takes a VVife seised in fee and hath Issue he commits felony for which he is attaint the King pardons him it seems he shall not be Tenant by the curtesie by reason of the Issue which he had before his attainder but if he had Issue after his pardon it is otherwise 13 H. 7. fol. 17. If a man takes a VVife seised in fee and she is attaint of Felony and hanged the King shall have the Land forthwith if the Husband were not intitled to be Tenant by the curtesie 11 H. 4. f. 19. b. Daughter and Heire endows her Mother and after takes a Husband and hath Issue and dies the Mother after dies the Husband shall not be Tenant but by the curtesie of that 8 Book of Affises 6. 3 H. 7. f. 5. If Rent discends to a Daughter which takes a Husband and she dyes before the day of payment the Husband shall be Tenant hy the curtesie Fitzh f. 149. D. A man shall not be Tenant by the curtesie of Land of the VVife unlesse the VVife have possession in Deed of that Land if it be not in a special case as of Advowson or Rent where she dies before the day of payment of the Rent Tenant in dower THE Wife after the death of her Husband shall remain in the cheife House by forty daies after the death of her Husband within which daies her Dower shall be assigned unto her unlesse before it were assigned and there shall be also assigned unto her the third part of all the Land of her Husband which was his in his life time Magna Charta chap. 7. Of Widowes which cannot have their Dowers without Suit that is that whosoever shall deforce them of their Dowries of the Tenements of which their Husbands died seised and afterwards the same Widowes by Suit recover them they shall give unto the said Widowes all their dammages according to the value of the whole Dowrie due unto them from the time of the death of their Husbands Merton chap. 1. If a Woman of her own accord leave her Husband and departeth and liveth with an Adulterer she shall for ever loose her action of recovering her Dower which was due unto her of her Husbands Tenements and be of that convicted unlesse her Husband of his own accord and without cohersion of the Church shall receive her and suffer her to dwell with him West 2. chap. 34. If the Hnsband be attaint convict or out-Lawed of Felony yet his Wife shall be indowed but if the Husband be attaint of Treason his Wife shall not be indowed by 1 Ed. 6. chap 12 5 Ed. 6. chap. 11. Where a woman shall beindowed and where not WHere the Husband Tenant of the King dies and his Wife is committed to the King during that time she shall not have Dower if she be not surprised of Dower 2 H. 4. f. 7. 6 H. 4. f. 7. It seems if a woman takes a lease by Indenture for years that during this lease she is not Dowable but if she take the Lessor to Husband and after he dies she is Dowable notwithstanding the lease 6 H. 4. fol. 7. Fitzh 149. E. the same Dower shall not be where the Husband dies having the reversion of a Free-hold that is of a reversion of an Estate for life as a man lets for life and afterwards takes a Wife and dies 2 H. 4. f. 27. 1 Ed. 6. tit Dower 89. 7 H. 6. f. 9. by June Fitzh 149. C. A woman may be endowed of a mine of Coals but she cannot make new mines for that shall be said wast Where the Estate is made to the Husband for life the remainder to another for life the remainder to the Husband in fee the Husband dies his Wife shall not have Dower unless that the Husband survive him in remainder for life 46 Ed. 3. f.
the intaile is determined the Lease is determined and void 1 Ed. 6. tit acceptance 19. Lease for yeares and so from yeare to yeare as long as both parties pleased after he hath entred into every yeare it is a Lease for that yeare and a Lease for a thousand yeares is good 14 H. 8. f. 1. Lease for three hundred yeares is good and is but a Chattell notwithstanding the long time 32 Book of Assises 6. If a man lets for sixty yeares and so from sixty yeares to sixty yeares untill two hundred yeares be ended this is also one self same Lease and good 29 H. 8. tit Lease 49. and Plowdens Commentaries 273. the same The Husband and his Wife purchase to them and to the Heires of the Husband and after the Husband lets for yeares and dies the Wife may enter and avoid the Lease for her Life but if she dy before the residue of the Tearm it is good to the Lessee against the Heire of the Husband 33 H. 8. tit Lease 58. And note by all the Justices that the Guardian by Knight Service shall not out the Termor where he hath a Lease of his Tenant which dies his Heire within age contrary was the Law in times past as it appeares before in the title Ward VVhere it is agreed and granted to J.S. that he shall have twenty Acres in D. for twenty yeares this is a good Lease for this word Concessit is as strong as devised 37 H. 8. tit Lease 60. If one license one to enter and to occupie his Land for years it is a Lease for yeares in Law 10 Ed. 4. f. 4. 5 H. 7. f. 1. the same Tenant in taile lets for twenty two yeares rendring Rent and dies and the Lessee lets that over for ten yeares and the Issue accepts the Rent of the second Lessee this is no confirmation of the Lease for there is no privity betwixt the second Lessee and him 32 H. 8. Tit. Acceptance 13. A man lets for ten yeares and the next day lets the same Land to another for twenty yeares this is a good Lease for the last ten yeares of the twenty yeares which are ended after the first ten yeares 26 H. 8. Tit. Lease 48. See the time of H. 8. Tit. Lease 35. Weston saith If I let for so many yeares as J.S. shall name and after J.S. in my life time names certaine years the Lease is good for those yeares Plowdens Commentaries 273. A man lets a House with the Appurtenances no Land passes but if a man lets a House with all the Land to the same belonging there the Lands with that used passe and it is a good Lease of those Plowd Com. f. 273. 31 H. 8. tit Lease 55. See Plowd Com. 85. b. and f. 170.23 H. 8. tit Feoffments 53. If a man lets for life to J.S. and the next day lets to W. N. for yeares the second Lease is void if it be not granted of a Reversion 37 H. 8. tit Lease 48. A man lets for yeares to have after the Lease thereof made to J.N. ended and in truth J.N. hath no Lease this begins forthwith 3 Ed. 6. tit Lease 62. A man hath a Lease for yeares as Executor of J.S. and after purchaseth the Reversion the Lease is extinct and determined yet it may be assets 4 Ed. 6. Tit. Extinguishment 24. Leases made by a Bishop otherwise then for 21. yeares or three lives from the time that such Lease begins and where upon the old Rent is not reserved is void 1 Eliz. not in Print and for that a Lease made for thirty yeares by a Bishop and confirmed by the Dean and Chapters under their Seale shall not binde their Successor but if the Bishop Dean and Chapter joyne in a Lease for thirty yeares this is a good Lease notwithstanding this Statute And see Pulton tit Ecclesiasticall persons What Lease by Spirituall persons is good and what not And see 13 Eliz. chap. 10. That a Lease by Bishop Dean and Chapter for longer time then twenty one yeares or three lives is not good and by 14 Eliz. chap. 11. They may make a Lease of Houses in Cities and Borroughs for forty years and by 18 Eliz. chap. 11. They cannot let where there is an old Lease which hath continuance for three yeares or more A man possessed of a Tearm for forty yeares grants so many of them to J.S. which shall be behinde at the time of his death and it seems it is void for the Incertainty otherwise it is if it were by devise But if a man lets his Land to have after his death for forty yeares this is good for this is certaine 7 Ed. 6. tit Lease 66. See 8 H. 7. fol. 4. Grant of Rent but if a man let for life and foure yeares over is good Tenant which holds in cheife dies his heire before Livery sued makes a Lease for yeares this is good if no Intrusion be found by Office and if after the Lease the dying seised be found by Office and no intrusion it hath no relation to the death of the Ancestor unlesse for the profits and not to defeat the Lease 5 Ed. 6. Tit. Lease 57. Tenant at will What acts Tenant at will may do and what to him and what by him are good and what not IF Tenant at will lets for yeares in his own name He is a Disseisor 12 Ed. 4. f. 12. Release made to the Tenant at will by the Lessor is good Lit. f. 108. If one alien his Mannor there need not that Tenant at will attoin Lit. f. 125. Tenant at will cannot grant over his Estate to any for he hath no Interest certaine 27 H. 6. f. 3. B. If a man lets to one at will the Lessor dies the will is determined 21 H. 6. f. 42. If Tenant at will be outed this is Disseisin to the Lessor and yet the Tenant at will may enter without commandement of his Lessor for the will continues 38 H. 6. fol. 28. If Tenant at will make wast action upon the case lies against him and not wast 48 Ed. 3. f. 25. 11 H. 6. f. 38. the same See Lit. f. 15. 12 Ed. 4. f. 8. the same 22 Ed. 4. f. 5. Trespasse lies 14 H. 8 f. 12. By Brown If Tenant at will makes wast action upon the case lies and by Roo if my Father lets at will and dies the will is determined Littleton fol. 14. If Tenant at will makes voluntary wast he saith that the Lessor shall have an action of trespasse but it seems he intended trespasse upon the case 48 Ed. 3. f. 2. Action upon the case lies against Tenant at will which makes wast in burning of Houses willingly and not action of wast 2 Ed. 4. fol. 5. By Littleton If I deliver to you my Gown and you burn it action upon the case lies and not trespasse By force of Armes 43 Ed. 3. f. 30. If one hath Goods by delivery trespasse doth not lye against him but
29. It is iustifiable to speak to a Lawyer for him that he cannot speak English and by Laken Master may pay money of his Servants Wages to the Counsell by the consent of his Servant but a Bail cannot pray a man learned in the Law to be of Counsell but may come and see if his appearance be recorded and it seems that the Father may give of his own money for his Sonne and Heir for he is bound to find him contrary of another Cozine 34 H. 6. fol. 27. B. If one be retained to ride to London and when he comes there to maintain him this is not instifiable but it seems otherwise if he were hired for the iourney that is iustifiable and the same of a Servant 39 H. 6. fol. 6.19 H. 6. fol. 31. Where one hath property in the thing demanded he may maintain by Moyle as goods or writings are delivered to J.S. and Detinue is brought against him by a stranger the Deliverer may maintain and in Precipe quod reddat or Ass against a Farmer the Lessor may maintain 39 H. 6. f. 21. See 9 H. 6. f. 64 the same Where one hath Rent out of Land in Fee and hath the Writings granted unto him by R. the Grantee may maintain R. in Detinue of writings of the same Rent and it seems that a Master may maintain his Servant and a man may maintain his blood and his kindred and give money to the poore and that Maintenance is iustifiable and he in Reversion may maintain his Tenant for life after Attournment and not before and this is seen in giving his own proper money 9 H. 6. f. 64. See 14 H. 7. f. 2. by Reade In attaint it seems that one may aid and maintaine his Cozen in aiding and councelling him at the bar 12 H. 6. f. 2. R. Maintenance in Assise of Fresh force Defendant Justifies for that he was of his aliance and shews how cozen and it seemed good by which the Plaintif saith that he promised ten shillings peice to two of the Jury to passe for him 20 H. 6. f. 1.21 H. 6. f. 19. By Paston a man may maintaine his Kinn and his Allies Maintenance Defendant justifie that the party was his Chapleine â—etained with him and he gave him notice who he should have of his Councell which is the same maintenance and it seems that is no maintenance And for that the Defendant saith that he was at the Barr to aid him and that is a good Justification to say that is the same maintenance 19 H. 6 f 30. In maintenance Defendant cannot plead not-guilty but he ought to answer to the point of the VVrit that is to say he did not maintaine ready to Justifie and others to the contrary 8 H. 6. fol. 36. But by 2 Ed. 4 fol. 16 In maintenance not guilty is pleaded and allowed By Choke if my Brother or Cozen hath a Suit in the Law and praies me to aid him to learned councell and I pray a man to be of his Councell this is a good Plea in maintenance contrary if a stranger do it but if he gives his own Money for his Brother or Cozen this is speciall maintenance 9 Ed. 4. fal 34. In action upon the Statute of Laborers Where Tenant in taile or for life is impleaded he in remainder or Reversion may maintaine and give of his proper Money for safegard of his Interest for he which hath Interest in the land may maintaine to save that 1 Ed. 6. tit 53. Maintenance It is held a difference between action reall where land may come to him and an action personall for he to whom lands may come as by Remainder Reversion Discent and such like may maintaine in action reall And by Brian a man may shew to another who is a man learned in the law for the party to retaine but he may not give Money to the Counsellor and one Neighbour may go with another to seek Councell and a man may maintaine his Servanâ— and give of his wages behinde and otherwise not to give Money but he may lend to him or another Money and and that is no maintenance but he in Reversion or Remainder may give money where the land is in question And the Servant may maintaine his Master as to go and labour for him but he cannot give of his proper money for him And so it seems that he who hath marryed the Daughter of one party may maintain him in an action Reall but not in an Action personall 19 Ed. 4. fol. 3. Br. Upon the Statute of 32 H. 8. chap. 9. That a man shall not buy land unlesse the Seller hath been in possession by a year before it was agreed in Sergeants Inne that if a man Mortgage his Land and redeeme it and he sells it within a yeare after the redemption that he may doe it without danger of the Statute for the Statute is to be intended of pretenced title and not of a cleere title And the ancient Statutes are that none shall maintaine yet one may maintaine his Cozen as above for they are to be intended of unlawfull maintenance that is that unlawfully one cannot maintaine 6 Ed. 6. tit 38. maintenance One skilled in the Law may give evidence for his Fee to the Jury and t is no Imbracery But is Imbracery in another unlesse he be sworn 6 Ed. 4. f. 5. If Precipe be brought against me and hanging that I infeoff J.S. and the Demandant recovers by default after default and I bring Writ of deceit it seems J.S. cannot maintaine for that that the possession which he hath is Champerty and against the Law 8 Ed. 4. fol. 13. Maintenance the Defendant justifies that he is his Neighbour and knew no man skild in the Law and he informed him of one and a good Justification by which the Plaintiff shewed speciall maintenance that is giving Money to the Jurors 12 Edw. 4. fol. 14. See 19 Edw. 4. fol. 3 Maintenance the Defendant may plead that he was a Juror and that is good without saying that he gave Verdict but if after Verdict given the Juror praies Judgment this is maintenance 18 Ed. 4. fol. 2. If a Juror give Money to his Companion to passe this is maintenance notwithstanding that it be for truth But to perswade him to passe is no maintenance 17 Edw. 4. fol. 5. One may be baile and that is no maintenance so that he do not meddle more in the matter 18 Ed 4. fol. 13. Trespas of digging land the Defendant justifies for that that the place where is their Church-yard and that the Inhabitants have used there to be buried and for making grave there justifies and field that all the Inhabitants may maintaine in this action though they were not parties 18 Ed. 4. fol. 2. See before 15 H. 7. fol. 2. That every one that hath lawfull interest may maintaine Maintenance supposing that the Defendant maintained A. in Assise The Defendant saith that A. held of him by which he
came with him to the Assise staid with him pray'd the Sheriff to make an indifferent pannell which is the same maintenance and it is a good Plea 11 H. 6. f. 39. Generall Attorney which sues and is not skilled in the Law may well meddle but he cannot proffer Money to a Jury but may pray them to appeare 34 H. 6. fol. 27. By Choke Maintenance he cannot justifie for that that he was an Attorney retained with him and that by commandement of his Master he retained Councell and gave to them forty pence of his Masters Money and good Inquire if an Attorney cannot retaine Councell without the commandement of his Clyent and if he may not disburse of his proper Moneys for the time But Attorney cannot give of his proper Money nor of his Masters money to Jurors 36 H. 6. fol. 29.11 H. 6. fol. 13. the same Maintenance the Defendant saith that he was an Attorney in the action Judgment if action and good But he cannot give any thing to the Jury but as an Attorney and give Evidence to the Jury for his Clyent he may 13 H. 4. f. 19. If a man maintaine a quarrell by his Attorney action of maintenance lies against the Master 22 H. 6. f. 24. And by Newton If a man of great power in the Countrey will say in the presence of the people that he will spend twenty pound for one party or will give twenty pound to labour for the party though he give nothing is maintenance see before 9 H. 7. fol. 18. Maintenance against a Servant of one by Fortescue if he meance Jurors to out them of their Tenures if they do not paâ—e with his Master this is special Maintenance in the Servant 19 H. 6. f. 30. A man skilled in Law may do his endeavour for his Client and it is no maintenance if the Plaintiff cannot alleadge other special matter forbidden by the Law 8 H. 4. f. 6. B. Embraceor is he which comes to the Barr with the party and speaks in the matter or is there to overlook the Jury or to put them in feare but men skilled in Law may speak in the Cause for their Money but they cannot labour the Jury and if they take money to do that they are Embraceors Fitzh f. 71. A. Tenures and Services It is expedient to know the Services and Tenures which your Tenants shall do and first of the Tenure in cheif and other Tenures of the King and then of other Lords FIrst Tenure in cheif is called where one holds of the King meerly as of his Crown which is a Signiory ingrosse for that it is held of him which is alwayes King and not of the King as of his Mannour of D. c. Fuzh. 3. D. If any Land be held of the King as of the Honour Castle or Mannour such Lands are not held of the King in cheif and this is proved by the Writ of Right which shall be directed in such a Case to the Bailiffs of the Honour Castle or Mannour Also the Statute of Magna Charta chap. 31. is if any hold of any Escheat as of his Honour of Wallingford Nottingham Bullo gne Lancaâ—â—er and of other Escheats which are in Our hand and are of Baronies and dies his Heir shall not give other releif nor make to us other Service then the Barons should make if that Barony were in the hands of the Baron and we in the same manner will hold it as the Baron held it 1 Ed. 6. chap. 4. also is that where a King hath or after shall have any Dukedomes Baronies Castles Mannours Land Tenements Fees or Signiories by Attainder Conviction Outlary or by Dissolution of Monasteries which Lands held of them by Knights Service Socage or otherwise shall not be construed to hold in chief nor as Tenure in cheif See in Br. Tit. Tenures 100. Littleton fol. 31. Tenure of the King in Burgage is where an ancient Town is of which the King is Lord and those which have Tenements within the Borough hold of the King their Tenements that every Tenant by his Tenure ought to pay to the King a certain Rent by the year and such Tenure is but Tenure in Socage Fitzh 6. D. Lands and Tenements within Cities and Townes are held of the King in Burgage Tenure and it behoveth that a Writ of Right Patent of them shall be directed to Mayors Sheriffs and Bailiffs as Bailiffs and Officers of the King as if Lands were held of the King as of any Honour Castle or Mannour by which it appears Tenure in Burgage is Socage Tenure and not Socage in cheif Fitzh fol. 1. J. the same Stamford 13. If one hold of the King in Burgage the King shall not have first Seisin but otherwise it is where he holds of the King by Knights Service in cheif or by Socage in cheif for the Statute of the Kings Prerogative chap. 3. is the King shall have the first Seisin after the Death of them which of him held in cheif of all Lands and Tenements of which they were seised in their Demesn as of Fee whatsoever age their Heirs were of and that is taken as well of Socage in cheif as otherwise in cheif 7 H. 6. fol. 3. The King shall have first Seisin where his Tenant dies seised in his Demesne as of Reversion 47 Ed. 3. fol. 21. If the King purchase Lands which is held of others by this all the Services are extinguished and if he infcoff others to hold of him he shall hold of his Crown in cheif by Finchden and also when an Honour is seised into the Kings hands and a Mannour is held of that Honour which escheats unto him as of common Escheat if he alien to hold of him he shall hold as he held before of the Honour and by the same Services but if he come in as by Forfeiture by Warr or Escheat which is because of his own person and he seise and infeoff others they shall hold in cheif if the King do not expresse other Tenure 33 H. 6 fol 7. By Prisot if the King seise Land by Forfeiture of Treason and grant that over to hold of the cheif Lord by the Service due c. that in this case he shall hold of the cheif Lord as it hath been adjudged 44 Ed. 3. f. 45. The King gives Lands to one to hold to him and his Heirs by the Services due c. and by all the Justices that is Tenure by Knights Service 11 H. 4. fol. 71. It was recorded in the Exchequer that such a one holdeth so much Land of our Lord the King by Serjeanty to finde one Man for the Warr wheresoever within the four Seas and by Hank it is great Serieanty to be made by the Body of a Man 13 H. 7. fol. 16. If one hold of the Dutchy of Cornwall it is in cheif for it was ancient Lands of the Crown Fitzh 165. A. To hold Land to pay certain Rent to the Keeper of the Castle of
Dover is a Tenure in cheif See Littleton 23. See 5 Ed. 4. f. 127. 19 R. 2. Tit. 185. Guard F. Keeper of a Castle in England is Knights Service for it countervailes Escuage and is of the same nature 8 H. 7. fol. 12. If I hold of the King and he grants the same Service to me yet I shall hold of the King for all is held of the King mediately or immediately Magna Charta chap. 20. See there for keeping of a Castle 38 H. 8. Tit. 60. B. Livery where the Heir was in Ward to the King and come to full age there he shall sue Livery out of the Kings hands and the first Seisin is where the Heir is of full age at time of the Death of his Ancestor and where his Tenant holds in Socage in cheif and dies 10 H. 7. f. 23. If one hold of the King to inclose a Park he may by his Grant after reserve for that six Marks and the King is not bound by the Statute of Westminster the third It is held 21 Ed. 3. fol. 41. The King gives the honour of Barkhamsted to the Prince and his Heirs Kings of England and so it seems that Lands held of that Honour seems to be held in cheif yet Magna Charta is that Honour is not properly in cheif 26 H. 8. fol. 10. By Fitzh Lands in the County Palatine of Lancaster held of the Dutchy the King there hath kingly Rights and there Livery shall be sued 17 H. 8. fol. 31. Tenant of the King in cheif makes a Gift in Tail without licence the King may choose the Donee or Donor for his Tenant And if Tenant of the King before the Statute of We m. 3. make a Feoffment the King may choose the Feoffee or Feoffor for his Tenant 4 H. 6. f. 19. 33 H. 8 Tit. 94. B. in the Exchequer 3 Ed. 3. Rot. 2. It was found that a man held of the King in cheif as of his Honour of Raleigh and it was taken no Tenure in cheif but a Tenure of an Honour otherwise it is if the Honour be annexed to the Crown for then the Honour is in cheif And in the year 11 H. 7. The Honour of Raleigh was annexed to the Crown and so it is in cheif But where the King gives Lands to be held of him by Fealty and two pence for all Services that is Socage in cheif for it is of the Kings person and contrary if it were to be held of the Mannour of B. 24 Ed. 3. Tit. 19. He which holds of the King by Service to finde a Man to serve in the War by forty Dayes at his own Charge this is great Serjeanty Tit. 69. Br. That a Tenure to finde one Horse and such like is but small Serjeanty for it is not corporal Service 44 Ed. 3. f. 45. The King gives the Fee-farm of a Town that is such a Rent to be held for term of life and after confirmes to him and to his Heirs to be held by the Services due and this is held Knights Service of the King for the most high and better shall be taken for the King and by Fitzh 263. B. it appears that Rent may be held of the King by Knights Service in cheif as well as Land c. 10 H. 6. f. 12. Rent lies in Tenure of the King 14 H. 6. f. 12. If the King grant Land to me in Fee to be held as freely as the King is in his Crown yet I shall hold of the King and if I alien without licence I shall make Fine for this is vested in the King by his Prerogative and shall not pass out of his Person by general words by Paston in the end of the Case 45 Ed. 3. fol. 6. By Finchden if my Tenant infeoff the King and takes back of the King to hold of the King yet he is my Tenant in right and shall hold of the King also But inquire of the Tenure of me for the Tenure was once extinct by the Kings Possession 29 H. 8. Tit. 61. B. If the King purchase a Mannour which J. S. holds the Tenant shall hold as he held before and he shall not render Livery nor first Seisin and he shall not hold in cheif and it is said if the King grant the Mannour to W. N. in Fee except the Services of J.S. Now J.S. holds of the King as of the Person of the King and yet he doth not hold in cheif but as he held before for the act of the King shall not prejudice the Tenant 31 H. 8. Tit. 70. B. Lord and Tenant the Tenant is attaint of Treason by Act of Parliament and so forfeits all his Lands and after is pardoned and restored by another Act of Parliament to have to him and his Heirs as if no such Attainder or former Act had been now he shall hold of a common person as before and yet once the Tenure was extinct 3 H. 3. Tit. 94. B. Where the King gives Lands to be held of him by Fealty and twelve pence for all Services this is Socage in cheif for it is of the Kings person 23 H. 3. Tit. 148. Guard F. If a man holds of the King to go with him in the Army against Scotland in the Vanguard and in his Return in the Rereward and so if he hold to give to the King Hornegild which is said Cornage it is great Serjeanty 38 H. 8. Tit. Livery 60. The Heir of him which holds of the King in cheif in Socage shall not pay first Seisin to the King for all his Lands but onely for those Lands held in Socage in cheif contrary of him which holds in Knights Service in cheif and where he holds in Socage in cheif the other Lord shall have Ouster le main with Issues 2 Ed. 4. fol. 6. Land is given in Tail to be held of the cheif Lords these words to be held c. are void and he shall hold of the Giver Where there is Lord and Tenant if the Tenant be disseised and the Disseisor dieth seised and his Heir is in by Discent the Lord ought to advow upon him but if there be Lord and Tenant and the Tenant infcoffs another which doth not give notice to the Lord now the Lord during the life of the Feoffor may take him for his Tenant or the Feoffee at his pleasure 4 H. 6. f. 19. 3. Book of Assise 8. Lands is given in Tail without saying of whom to hold the Donee shall hold of the Giver and if a man before the Statute of Quia Emptores give in Fee without saying of whom to hold the Feoffee shall hold of the Feoffor Littleton f. 5. 16 Ed. 3. Statham fol. 23. If Lands be given in Tail to be held of the Lord this to be held is void and the Lord ought to avow upon the Feoffor 5 H. 7. fol. 35. Mesnalty lies in Tenure by a Mesne contrary of an Advowson appendant 1 H. 4. f. 1. the same 33 H. 6. f. 34.
of parcell the Lord may distraine in this parcell so aliened and also in this part which remaines in the possession of the Tenant 11 H. 7. fol. 12. Feosment before the Statute or a gift in taile to make a thing to himself or to another for common wealth is good as to make a Beacon or a Bridge but to ride with a stranger is not good Fitzh 1. L. To hold of us by free service to finde for us together with his partners Five ships for our passage at our command for all Services it seems to be Socage tenure Fitzherb 83. C. E. A Writ de Scutgio habendo lyeth when one holds by Knights Service and the King goes in avoyage into the VVarr in his proper person or his Leife-Tenant against the Scots and none shall pay Escuage but those which hold to go into the VVarr and not he that holds by Cornage nor by keeping a Castle Littleton 18. and Littleton the 19. One may distrain for Escuage or have a VVrit De scutagio habendo Fitzh 135. a. If one hold twenty Acres by twenty shillings of the King and aliens a parcell yet the King or his Officer may distraine one of the Tenants for all and is not bound by the Statute to distraine for that parcell but otherwise it is of a common person for if he distraine one for all he shall have a Writ to be discharged for a ratable proportion But in case the king or his Tenant aliens part the Alienee makes Fine to the king for this Alienation It seemes reasonable if he be distrained for all the Rent he shall have a Writ to be disburdened for a rateable proportion against the kings Officer which distrains Westm 3. That the Feoffee of part shall hold for that particular part according to the quantity of the Land so sold c. Where by 27 H. 8. chap. 27. It was Enacted That the king shall have to him and his heires all Monasteries of Monks Channons and Nunns which had not Lands Tenements Rents c above the value of two hundred pounds And also all Monasteries which have been granted to the king within a yeare next before this Statute by the Abbots or Priors under their Seale or which have been otherwise suppressed or dissolved yet in this Act is a saving to the Lords Rents profits services and commodities as they before have had them So that of these Monasteries the Rents and Services of the Lords are not gone by this Act where such Abbies hold Land of any Lord but are saved to them But By 31 H. 8. chap. 13. The King is vested deemed and adjudged in actuall and reall Seisin and possession as well of the Monasteries dissolved by 27 H. 8. as of all others and in this statute is a saving to every person all their Right Title Claim Interest Possession Rents Charge Annuities Leases Offices Commons Synods c. and other Profits in the Premises or any part of that as if this Act had not been made Rents services Rents seck and all other service and suits onely except so by this statute the Rents and services of the Lords are gone 1 Ed. 6. chap. 14. which gives Chanteries c. to the King in this is a Proviso that every one which before that Act lawfully without Covin or fraud hath any manner of Rent or any yearly profit to be taken of Chantries Colledges free Chappell 's and other the Premises in like manner and form as they ought to have if the Chantries c. had been in being so that the Lords of those shall not loose their Rents 2 and 3 Ed. 6. Chap. 8. It is enacted that where by office found the King is intituled to Lands or Tenements in which others have Copihold Rent common Office Fee or other Profit to take for life or for years not found in the same that they shall enjoy the same Interest by Copy Rent common Office Fee or other Profits to be taken as if the same had been found by Office and provides that if one be found within age or of lesse age then he is that at his full age or after he may have Aetate probanda or sue Livery or Ouâ—ter le main as his Case lies and provides that where it is falsely found by Office that any Attaint of Treason or Felony is seised of any Lands or Tenements whereof another hath just Title or Interest of an Estate of Freehold that he shall have Traverse or Monstrans of Right to the same without being put to his Petition And provides where it is found of what man or of whom the Tenements are held the Jury is altogether ignorant it shall not be taken for a Tenure in Cheif but there shall be a better Inquiry awarded 37. H. 8. Chap. 20. It is enacted that where by 35 H. 8. chap. 14. Houses not being Princely houses of the King having Lands not above forty shillings that is were granted by the King and Tenure by Fealty to the King and not in Chief is Socage and that extends to all Letters Patents made within five years after the Statute Littleton fol. 23. If a man hold his Land by paying certain Rent to his Lord for keeping a Castle such Tenure is Tenure in Socage but where the Tenant ought by himself or by other make the keeping of a Castle such Tenure is Tenure by Knights Service so by Littleton Escuage to go of a voyage Royall c. and to keep a Castle or the doore thereof c. and to hold by Cornage that is to hold to make Service by the body of a man these are Knights Service and to hold to pay Rent is Socage for payment by him is Socage View Where one shall have View of Land in a Writ or Plaint in nature of a Writ of Land and where not THe View is not to be granted but where it is necessary and if any Writ abate by a dilatory exception after the View as by non-tenure ill naming the Town or such like he shall not have the View in the second Writ which issueth also in a Writ of Dower where her Husband hath aliened to the Tenant or his Ancestors although the Husband died not seised the Tenant shall not have the View and also in a dum suit infra aetatem not of a right mind and such like the View shall not be granted West 2. Chap. 48. 1 H. 5. fol. 11. upon the Resummons of Dower the Tenant demanded the View the Demandant saith her Husband died seised by which Judgement and prayed that he be outed and he was outed by a Ward 5 H. 5. f. 4.9 H. 5. fol. 4. f. 9. 9. Ed. 4. fol. 6. Dower the Tenant demands the View and held where the Husband aliens the View is outed by the Statute 2 H. 4. fol. 2. Dower the Tenant hath the View notwithstanding that he disseised the Husband See 7 Ed. 4. fol. 19. 11 H. 4. fol. 38. Dower the Husband did not die seised
he should pay twenty shillings and counts that he made wast in sale and for that that he doth not count how it is not certaine and not good 9 H. 6. fol. 11. Decies tantum for imbracing and counts that at D. he hath taken Money to imbrace but for that that he doth not count that he hath imbraced nor how or where he imbraced it is not good 37 H. 6. f. 31 Deceit against an Attorney for acknowledging satisfaction and ought to count where he was not satisfied for otherwise it is uncertaine and shall not be implyed and intended 11 H. 6. f. 2. B. Rescous and counts that he distrained for Rent c. and for that that he doth not count which were the daies of payment it is not certaine and is not good 8 H. 4. fol. 1. VVhere one Avowes for that that he held of him by the third part of the fee of Knights Service and for that that he doth not shew by what manner of Knights Service it is not good 12 H. 8. f. 13. Debt by Stradling and counts of taking excessive fees in paying Pensions where the Defendant was receiver of the Mannors of D. and S. in the hands of H. 8. and for that that he doth not count that they continued in the hands of Ed. 6. it is not good for the Statute was made in the time of Ed. 6. that if any Receiver of the King took c. he should pay for every penny six shillings eight pence and that might have two meanings one with the Plaintiffe the other against him and for that it is not good P.C. fol. 202. Forging of Deeds the Writ is divers false Deeds and counts of a Deed of Feoffment and of a Writing and assurance of a Letter of Attorney and for that the Count is not good 35 H. 6. fol. 37. b. Debt The Plaintiffe counts upon a Lease made by him and E. late his Wife by Deed indent and counts for the Rent behind and though he do not count that his VVife was dead yet it is good for it cannot be by reason but she is dead 9 H. 6. fol. 11. b. and 8 H. 5. fol. 4. Account the Plaintiffe counts that the Defendant was his Receiver such a day till the Feast of Saint Michael and there are two Feasts of Saint Michael that is Michael in Tumba and Michael the Archangell and though it be not at which Saint Michael it is good and shall be intended Michael the Archangell which is more known and the more observed Feast 20 H. 6 fol. 23. Trespasse and counts that the Defendant entered into a Warren at D. and drove away the Conies and not say drove them away there and yet it is good and shall be intended there 44 Ed. 3 fol. 12 Where he confesses and avoids he need not Traverse DEtinue of finding a Box sealed with Writings the defendant saith that they were delivered in pawn to him for a hundred Shillings and if he pay that he would redeliver him it and it is good without Traverse for he confesses and avoids the Plaintiffe 21 Ed. 4. f. 19. Detinue of a Chest ensealed with VVritings The Defendant saith that the VVritings which he had were in a Box ensealed and the Plaintiffe lent him a hundred Shillings and delivered this Box to him in Pawn without that that he detains a Chest and it is good and it is good with Traverse otherwise not 22 Ed. 4. f 7. Trespasse of breaking his House and taking his Goods there the Defendant saith that his VVife was Executrix and that they were the Goods of the Testator and the Doore was open and he entered and took them and this is good without Traverse for he hath confessed and avoided 2 H. 6. f. 15 B Trespasse of his Goods taken the Defendant saith they were delivered to him by a Replegeare and it is good without Traverse 7 H. 4. f. 15. 44 E. 3. f. 20 Trespasse of his Goods taken the Defendant saith they were delivered to him upon an Execution upon a Recovery and this is good 40 E. 3. f. 21. 44 E. 3. f. 20 Trespasse of Close broken the Defendant saith that he had a way there by Prescription to his Mannour which he used and ought there to traverse without that he broâ—â—â— down for the other is not breaking down 8 H. 5. f. 2 13 H. 8. f. 14 Quare impedit against J. Hecker of an Advowson appendant the Defendant saith that it is an Advowson in grosse and that W. S. his Master presented W. S. and that he died and J. Hecker was chosen Master and presented J. Hecker the Defendant and for that he hath confessed and avoided the Plaintiff for gaining of Possession and for that he need not any Traverse 10 H. 7. f. 27 Quare impedit and counts of an Advowson in grosse the Defendant saith that it is appendant to a Mannour which descended unto him and he ought to traverse 5 H. 7. fol. 12 Trespasse Defendant saith that Nicholas his Grand-father was seised in Fee and died seised and that descended to his Father and he entered and by Protestation died seised and that descended to him Plaintiff saith that J. S. gave to Nicholas in Tail and that descended unto him as Son and it is not good without traversing the Dying seised in Fee of Nicholas or confesse and avoid it Trespasse the Defendant pleads a Grant made to him by E. and the Plaintiff pleads that H. 6 by Authority of Parliament granted that to him and is good for that confesse and a voyds the Grant 7 H. 7. f. 15 Quare impedit against a Prior the Plaintiff counts that he was seised of an Advowson in grosse and presented the Defendant saith that he was seised in right of his Monastery in grosse and presented J. and after his Predecessor granted the next Avoidance to the Plaintiff and to the Presentee A. and good for he hath confessed and avoided 26 H. 8. f. 5 Trespasse the Defendant conveyes the Land to her as Sister B. the Plaintiff saith that B. had Issue a Daughter and that he as Guardian in Socage entered and it is good without traverse for he hath confessed and avoided 19 H. 8. f. 11 B. Assise the Tenant pleads that J. S. infeoffed him the Plaintiff saith that well and true it is that J. S. infeoffed you but it was upon condition and that J. S. entered for the condition and infeoffed the Plaintiff and this is good for he confesses and avoides the Defendant 6 H. 7. f. 8 Forging of Deeds and counts that the Defendant hath forged a Deed by which J. Beak infeoffed W. T. the Defendant saith that long time before the Plaintif had any thing that J. Beak infeoffed W. and Alice his Wife which died and the Defendant as Heir of W. read and proclaimed the Deed and ought to traverse forging for where the Defendant justifies a thing prohibited by the Law in a speciall manner he ought to traverse as
his Steward granted seisin thereof by the Rod at the will of the Lord according to the custome of the Mannor aforesaid and payd to the Lord for a fine for such an entrance for him to have 53s 4d and made to the Lord fealty and then was admitted tenant And after that is to say to the same Court came R. M. and W. M. and complained against the aforesaid M. M. of a plea of land that is of the aforesaid 8 acres of meddow and made protestatiou to follow the complaint in forme and nature of a Writ of the Queens of entring upon disseisin in the post and upon this the aforesaid R. and W.M. in their proper persons demand against the aforesaid Michall M. the aforesaid 8 acres of meddow with the appurtenances in J. within the jurisdiction of this Court as their right and inheritance and into which the said M. M. had no entrance but after disseisin which H. H. thereof and without judgment made to the aforesaid R. and W. within 30 years last past c. And whereof they say that they were seised of the aforesaid 8 acres of meddow with the appurtenances in their demesne as of fee and right at the will of the Lord according to the custome of the Mannor aforesaid taking the profits thereof to the value c. and in which c. and so bring their suit c. And the aforesaid M.M. in his proper person comes and defends his right when c. and called into warranty the aforesaid W.T. which is present here in Court in his proper person and willingly the aforesaid eight Acres of Meadow with the appurrenances did warrant unto him c. and upon this the aforesaid R. and W.M. do desire against the said W.T. Tenant by his warranty the aforesaid eight Acres of Meadow with the appurtenances in his Demesne as of Fee and Right at the Will of the Lord according to the custome of the Mannor aforesaid in the time of Peace in the time of the Queen that now is taking the profits thereof to the value c. and in which and c. and thereof bring their Suit c. And the aforesaid W.T. Tenant by the warranty defendeth his Right when c. and further then calls to warranty C.D. which likewise is present in Court in proper person and gratis the aforesaid eight Acres of Meadow with the appurtenances to him doth warrant c. and upon this the said R. and W.M. do desire against the said Christopher Tenant to the warranty the aforesaid eight Acres with the appurtenances whereof they say that he himself was seised of the said eight Acres of Meadow with the appurtenances in his Demesne as of Fee and Right at the will of the Lord according to the custome of the said Mannour at the said time in the time of Peace in the time of our Lady the Queen now taking the profits thereof to the value c. and in which c. and therefore bring their Suit c And the said R. and W.M. desire Licence of talking tother and had it c. and after the said R. and W.M. returned here into the Court to the same Court in their proper persons and the aforesaid T. though he were solemnly summoned returned not but in contempt of the Court departed and made default therefore it is granted that the aforesaid R. and W.M. should recover their Seisin against the said M. M. of the aforesaid eight Acres of Meadow with the appurtenances c. and that the said M.M. should have of the Land of the aforesaid W.T. to the value c. and that the said W.T. further should have of the Land of the aforesaid C.D. to the value c. and the same C. in the mercy c. and upon this the aforesaid R. and W.M. do desire a Precept to give to them full Seisin of the aforesaid eight Acres of Meadow with the appurtenances to be directed to an Officer of the aforesaid Court and it was granted to them retrunable here immediately c. and afterwards tha is to say the first of Aprill came here into the Court the aforesaid R. and W. M. in their proper persons and the Office of the Court that is to say R.W. and certified the Court aforesaid that by vertue of the Precept aforesaid to him so directed the said first day of April he made to have to the aforesaid R. and W.M. full seisin of the aforesaid eight Acres of Meadow with the appurtenances as by the Precept aforesaid he was commanded c. And after that is to say at the very same Court the aforesaid R. and W. M. and the aforesaid W. T. then beeing present came and surrendred into the hands of the Lord in the same Court the aforesaid eight Acres of Meadow with the appurtenances to the use and behoof of the aforesaid M. M. his Heires and Assignes to whom the Lord by his Steward aforesaid granted then Seisin by the Rod to have and hold to him and his Heirs at the will of the Lord according to the custome of the Mannour aforesaid c. and further the aforesaid R. and W. M. and W.T. remiswed released and altogether for them and their Heirs for ever quite claimed to the aforesaid M M. his Heirs and Assigns in his full and peaceable possession and Seisin appearing in the full Court all the Right Title State Claim Interest or demands whatsoever which they ever had have or any way hereafter may have of or in the aforesaid eight Acres with the appurtenances or in any parcell thereof so that that neither the aforesaid R. and W.M. and W.T. nor their Heirs or any of them any Right Title State Claim Interest or demand of or in the aforesaid eight Acres of Meadow with the Appurtenances or in any parcell thereof c. nor ought hereafter but from all Action of the Law Title claims Uses Interest and demands from thence to be demandded are excluded and every of them is excluded for ever by these presents and further the aforesaid W.T. grants for him an his Heirs that they will warrant the aforesaid eight Acres of Meadow with the appurtenances to the aforesaid M.M. and his Heirs against all men for ever c. 4. H. 8. Tit. Recovery in value 27 in Fine and 23 H. 8. Tit. Recovery in value 27. Recovery against the Husband and wife where the wife is Tenant in Tail and they vouch over and the Demandant recovers against the Husband and wife and they over in value this seems shall bind the Tail and the Heire of the wife 23 H. 8. Title Tail 32. Double voucher in Entrie in the Post barrs the Tail because of the recompence but single voucher shall not barr but the Estate Tail which he had time of the Recovery in possession but if he were in of another Estate time of that Recovery it is no Barr. 23 H. 8. Tit. Recovery in value 27. Entrie in the Post against Tenant
in the Bailiwick to A.B.C.D.E.F. and H.P. which undertook and each of them undertook by himself for the aforesaid A. B. upon the pain of ten pounds that he should do no dammage or ill to H. P. in the said Writ of Supplicavit specified within the space of such a day next coming nor by any Means should procure it which 10. l. the Manucaptors aforesaid granted and each of them for himself granted of their Lands and Tenements and of each of them to the use of our said Lady the Queen should be levyed if any dammage or ill came to the said A.B. or by his procurement in the mean time any should come by any means c. and this is the Surety of the Peace which the aforesaid A.B. before me hath found Under which truly Bail Or so the aforesaid C. was suffered to go at large out of the Prison aforesaid and afterwards returned not to my custody therefore the body of the said C. before our Lady the Queen at the day and place within contained I cannot have I. c. certifie our Lady the Queen in her Chancery Or so that R.P. within named hath found to me no security of the Peace of which within there is mention but remains in prison of our Lady the Queens under my custody at present For certain Or so truly complains of the threats the aforesaid J. B. before the coming of this Writ was delivered in Bail to A.B.C.D.E.F. and G.H. which undertook and each of them did undertake upon the pain of twenty pounds for the aforesaid J. B that he should do no dammage or any ill to the aforesaid H.P. and T. D. or either of them untill the Day after the Feast of Saints next coming nor should procure to be done which truly twenty pounds the aforesaid Manucaptors granted and each of them to be levied to the use of our Lady the Queen if any Dammage or ill to the said R. P. and T. D. or either of them by the aforesaid J.B. or by his procurement to any of them should come in the mean time under which baile truly c. at large c. Before the coming of this VVrit Ne exeat Regnum and before any execution thereof A.B. C. D.E.F. c Came before J.D. Sherif of W. and undertook before me the aforesaid Sheriff for L. M. that is to say Every one of the Manucaptors aforesaid under the pain of ten pounds that the said L. before the day after All Soules next coming should not convey himself to any parts beyond Seas to prosecute or attempt any thing there to the prejudice of the said Lady the Queen or any of the People of the said Queen or the losse of our State of England should prevaile nor from hence to send any body for that cause which truly summ of ten pounds the said Manucaptors granted and each of them for himself granted of their Lands and Chattells to the use of the said Lady Queen to be levied if the said L. any thing against the form of this Mauncaption aforesaid shall do or cause to be done or by any means attempt And here is the Tenor of the security whereof within there is mention made which to the said Lady Queen into her Chancery c. at the day and place c. I send By vertue of this VVrit to me directed Proclamation out of the Chancery I have made a publick Proclamation within my bailiwick that the within named H.B. upon the pain of his allegiance before our Lady the Queen in her Chancery aforesaid at the day within written shall appear as within I am commanded and likewise I certifie the said Lady Queen that the within named H.B. is not to be found in my Bailiwick By vertue of this VVrit Premunire such a day and year by J.S.T. W.R.T. and E.F. good and lawfull men of my bailiwick Premunire feci W.R. Clarke within nominated that he should be before our Lady the Queen at the day within contained whersoever c. to do and to receive as that Writ in it commandeth and requireth and J. B. and the rest of the Defendants within named have nothing within my bailiwick by which I can Premunire facere for present neither are they to be found in the same I certifie our Lady the Queen that the within named I. H. before the coming of this Writ to me directed was dead Of choosing a Verdecer in the Forrest And that I after the receit of this Writ to me directed in my full County Court held at Wilton in my County the 29th day of May the year within written by assent of the said County in the place aforesaid I made to be elected one N.S. Esq a Verdecer of the Forrest of B. within written to do as the said Writ in that commandeth and requireth At my County Court held such a day and year Election of a Coroner in the full County aforesaid by vertue of this Writ and by the consent of the said County in the place of P.H. within named which died I chose a Coroner that is to say I.W. who as the manner is took his corporall Oath that he should do those things and observe what to the Office of a Coroner in the County aforesaid appertained to be done as within c. By vertue of this VVrit I summon Arch-Bishops Justices of Forrest Summon Bishops Abbots Earls Barons and all other free Tenants which have Lands and Tenements within the bounds of the Forrest of the said our Lady the Queen within written in my County and four men and the cheif of every town within the bounds of this Forrest and also twelve good and lawfull men of every town within the bounds of the said Forrest dwelling which ought to come and were wont that they be before our Instices within written at the day and place within contained as within I am commanded Publickly also I have made to be proclaimed through all my Bailiwick as well in Burroughs as in other Townes and in Faires Markets and other publick places that all those which by Charters of our Lady the Queen now or of her Predecessors or her Progenitors or any way any liberties or Franchises claim to hold and by what warrant that they be before our said Justices at the day and place aforesaid I also made to be proclaimed that all attached for Vert or Venison or hunting in the Forrest aforesaid after the last Plea of the Forrest aforesaid held and their Pledges and Manucaptors aforesaid to be and before the aforesaid Justices to stand to their right and to do those things which according to the Law of the Forrest they ought to do The residue of the Execution of this Writ doth appear in certain Pannells to this Writ annexed By vertue Capias ut legatum c. I have taken the body of H.S. within named whose body before the Iustices within written I have ready at the day
for he ought but to demand him and if he appear to take him 10 H 4.5 Upon Pluries Repleg The sherif returns that the beasts are dead and this is a good Return and he need not return that the beasts are driven away 32 H. 6.32 In Attaint the sherif cannot return that the Defendant is dead for there are not any words in the VVrit to warn the Defendant 18 H. 8.5 Upon a Habeas corpus Jurat the sherif returns that four are dead and may and upon a Distringas thereof he returns that other two are dead and may 10 Ed. 4.11 Upon an Habere facias Seisinam and upon the Grand Cape and upon Habere facias visum a return that none came of the part of the complainant c. is a good return 13 H. 4.9 None comes for the Plaintiffe Upon a Writ of View it is a good return that none came of the part of the complainant to shew him the Land for the sherif is not bound to know the Land 14 H. 6.20 The statute of York chap. 5. saith Names of the Sherif that the sherif ought to put his proper name to every Return 8 H. 6. fol. 76.36 H. 6 f. 1. and 9 Ed. 4. f. 19. VVhere one is outlawed he may reverse that by Error for that in Return of the Alias Capias the name of the sherif was omitted 26 H. 8.4 Trespasse against an Abbot and his Monks Pledges the sherif returns Pledges for the Abbot and that his Monks have nothing and that is a good Return and yet of a Husband and a VVife Pledges shall serve both and he need not return the VVife Nihil 48 Ed 3. fol. 26. Assise the sherif returns he hath found me no Pledges and the writ was delivered to the sherif again and the Plaintif forthwith found Pledges 2 H. 4.22 Assise against a Husband and his wife the wife shall be attached by goods of the Husband for that she is to be brought in by her Husband 7 H. 6.10 Upon a Habeas corpora against a Juror the sherif cannot return that he hath served part and the Bailif of the Liberty the other part but upon a Capias against divers the sherif may return Cepi corpus of one and I have commanded the Bailif of the Liberty of another Part served by the Sheriffe and it is a good Return 31. H. 6.13 The sherif upon a Habeas corpus with Decem tales returns that he hath served the Habeas corpus and to the Decem tales I have commanded the Bailif of the Liberty which hath served the residue it is not good Return 8 H. 4.16 Distringas Juratores the Sheriff cannot return that he hath distrained some and the Bailiff of the Liberty hath served the rest 19 H. 6. f. 48. Upon a Distringas with Proclamation upon an Ejectment of Ward the Sheriff returnes I have commanded the Bailiff of the Liberty which answers c. Issues forty pence and that he himself hath made Proclamation and for that it seems that the Sheriff ought to make the Proclamation in the County and ought to serve the residue 2 H. 4. f. 1. In a Precipe the Sherif returnes I have commanded the Bailif of the Liberty who answereth me so c. a good Return and also that the Bailif takes the Pledges and for that that he tooke the Pledges where the Sherif ought the Sherif was amerced and Sicat alias was awarded 14 H. 6. f. 3. Assise the Sherif returnes that he hath taken Pledges and that the Bailif of the Liberty hath served the residue and though part be served by the Sherif and part by the Bailif it is good for if the Plaintif do not finde to the Sherif Pledges he shall make no Precept to the Bailif 21 H. 7. f. 14. The Sherif by the statute of Westminster Posse Comitatus the 2. chap. 39. may take Posse Comitatus to execute Process and also agreed by this Book that the Bailif may so do for he is in the place of the Sherif 3 H. 7. f. 1. Upon a Scire facias against a Chaplain upon a Recovery in a Quare impedit Quare impedit the Sherif ought not to return That he is a beneficed Clerk having no Lay Fee for that shall not be returned but upon a Distringas or Capias in Debt or Trespasse that is a good Return and there shall go Venire facias Clericum but here he may be warned by his person 32 H. 6. f. 13. If the Sherif return that one at D. Rescous made a Rescue it is good without addition of the party in the Return and yet Process of Outlary lieth upon that and where the Sherif returnes the Rescue to be made at D. he is estopt to plead to that Return over D. and neither D. and none without addition for he is estopt by the Return Where the Sheriff upon a Capias returnes I have taken the Body and that J. S. and J. D. made a Rescue and for that that in the Return there is not of what place it is not good 10 Edw. 4. fol. 17. and 3 H. 7. f. 11. the same VVhere Tenant for Life Scire fac prayes in aid of him in Reversion and in Scire facias against him the Sherif may return that he is warned in the Land in Reversion which is in the Land demanded 45 Ed. 3. f. 26. One may be warned in Scire facias by his person his Land or Goods as it seems by 32 H. 6. f. 13. Scire facias to warn two upon a VVrit of Detinue the Sherif returnes one warned and that the other hath nothing and held that the Sherif shall be amerced for though that he hath nothing he ought to have warned him by words that is his Person but for that that the Return was read and was He hath nothing in my County nor is found in the same it was good for he cannot warn his Person 1 H. 5. f. 13. The Sherif returnes upon a Scire facias against a Parson to have Execution of Arrearages of Annuity that the Parson hath resigned and that he hath no Goods and it is good and may take notice of the Resignation 2 Ed. 4. f. 1. Upon a VVrit of Error issued Scire facias to the Heir and Ter-tenant severally to come together if they thought fitting and it was against Husband and his VVife and another person and the Sherif returned that Scire feci L. de B. Alice his wife Tenants of so much and R. de H. tenant of so much severally and the Return good though the Husband and the wife cannot be severed 3 H. 7. f. the last The Sherif returnes upon a Scire facias against an Abbot that he is deposed that he cannot warn him and this is good for he is dead 1 H. 6 f. 2. The Sherif returnes Scire feci by A. and B. without saying Good and lawfull men and the party appears and good 8
and effect of the recovery aforesaid if he think expedient And further to do and receive that which the Court before us in the Vpper Bench at Westminster shall consider of in that behalf And then you have here this Writ Witnes c. The same against Manucaptors THe Keeper c. To the Sheriffe of Middlesex Greeting Whereas A B lately in the Court before us in the Vpper Bench at Westminster recovered against C H one hundred pound of debt c. as above untill these words doth yet remain to be made of the goods Chattels aforesaid And whereas E. F lately of c. And G. G. naming the addition formerly that is to say in Michalmas Tearm last past in the same Court before us in the Vpper Bench at Westminster personally came and did become Pledges and Manucaptors and both of them by themselves became Plegde and Manucaptor for the said C D that if it should happen the said C.D. to be convinced in the Plea aforesaid that then the said E F and G H granted and either of them for himself did grant the debt aforesaid and also all such damage cost and charges which should be adjudged to the said A. B. in that behalf of their and either of their Lands Chattels to be made and to the use of the said A. B. to be leavied if it should happen the said C D. not to pay the said debt damages costs and charges to the said A. B. or not to render himself to the Prison of the Marshall of our Marshalsey of the Vpper Bench at Westminster upon that occasion yet the said C. D. hath not hitherto paid the said debt and damages to the said A. B. neither hath upon that occasion rendered himself to the Prison of the Marshall of our Marshalsey of the Vpper Bench before that time as by the insinuation of the said A. B. in the Court before us in the Vpper Bench at Westminster we have accepted whereupon the said A. B. hath supplicated us accordingly to provide remedy for him in that behalf as above till after the return of the former Writ to these words to shew if he hath or knoweth any thing to say for himself wherefore the said A. B. ought not to have his execution against him of the debt and damages aforesaid according to the force form and effect of the recognizance aforesaid if he think good so to do c. as above untill the end A Scire Facias against an Executor in Debt THE Keepers c. as above in the first Scire facias untill these words doth yet remain to be made of the Goods and Chattels aforesaid and that the said C.D. after Judgement aforesaid in form aforesaid rendred is dead and that one E.F. is Executor of the last Will and Testament of the said C.D. whereupon the said A.B. hath supplicated us accordingly to provide remedy in that behalf as above till after the Return of the first Writ to shew if he hath or knoweth any thing to say for himself wherefore the Debt and dammages aforesaid of the Goods and Chattels which were of the said C. D. at the time of his death being in the hands and custody of the said E.F. to be administred ought not to be made and to the use of the said A.B. levied according to the force form and effect as above in the first c. The same for an Administratrix in Debt THe Keeper c. as in the first Scire facias untill these words as it doth appear to us upon Record and now in the Court before us in the upper Bench at Westminster comes E.F. VViddow the relict of the said A. B. and saith that after Judgement aforesaid in form aforesaid rendered that is to say on c. in the year c. naming the time the said A. B. at A. in your County died intestate after whose death that is to say on c. in the year c. naming the time at A. aforesaid the. Administration of all the Goods and Chattells Rights and Credits which were of the said A.B. at the time of his death by c. to whom the Commission of the Administration of Right did pertain was committed to the said E.F. and now on the behalf of the said E. F. in the same Court before us in the upper Bench at Westminster we have accepted that although c. as above in the first VVrit of this sort Rotam habend THe Keeper c. to the Sheriffe of Middlesex greeting whereas A.B. was lately summoned to be before us in the upper Bench at Westminster to answer C.D. in a Plea of taking and uniustly detaining of the Goods and Chattells of the said C.D. and the said A.B. appearing in the Court before us in the upper Bench at Westminster the said C. D. made default for which it was considered of in the said Court that the said A. B. should have Return of his goods and chattells aforesaid therefore we command you that without delay you cause to be returned to the said A. B. the goods and chattells aforesaid and not deliver them at the complaint of the said C.D. without our Writ aforesaid making expresse mention of the said Judgement and as this Precept shall be executed you certifie to us in the upper Bench in eight dayes of the Purification of the blessed Virgin Mary wheresoever we shall then be in England together with this VVrit witnes c. Capias in Withernam THe Keepers c. to the Sherif of M. greeting whereas A.B. in the Court before us in the upper Bench at Westminster was summoned to be before us in the uper Bench at Westminster to answer C. D. in a Plea wherefore he took the goods and chattells of him the said C.D. and detained them uniustly against Sureties and Pledges as it is said and the said A. B. appearing in the same Court before us in the upper Bench at Westminster the said C. D. there made default for which in the same Court it was considered by the same Court that the said A.B. should have return of the goods and chattels aforesaid whereupon we commanded you by our VVrit that without delay you cause to be returned the goods and chattells aforesaid to the said A.B. and not deliver them at the complaint of the said C.D. without our Writ that shall make express mention of the said Judgement and in such manner as that Precept should be executed you should certifie to us in the upper Bench at Westminster in the eight dayes of the Purification of the blessed Virgin Mary last past and you at that day did return to us that before the coming to you of that Writ the goods and chattels aforesaid were convayed away to places to you altogether unknown so that you would not cause those goods and chattels to be returned to the said A. B. therefore we command you that you take of the goods and chattells of the said C.D. to the value of the