THE READING Of that famous Lawyer Sr. Robert Brook Kt. Upon the Statute of LIMITATIONS 32. H. 8. Cap. 2. London Printed for Hen. Twyford and are to be sold at his Shop in Vine-Court in the Middle-Temple 1647. THE WORDS OF THE STATUTE OF 32. Hen. 8. Cap. 2. of Limitations NO person shall sue have or maintaine any writ of right or make any prescription title or claime to or for any Mannors Lands Tenements Rents Annuities Commons Pensions Portions Corodies or other Hereditaments of the possession of his or their Ancestors or predecessors and declare and alleadge any further seisin or possession ofhis or their ancestor or predecessor but onely of the seisin or possession of his Ancestor or predecessor which hath beene or now is or shall bee seised of the said Mannors Lands c. or other Hereditaments within sixtie yeares next before the teste of the same writ or next before the said prescription title or claime so sued commenced brought made or had No person or persons shall sue have or maintaine any Assesse of Morduncestor Cosinage Ayel writ of entrie upon dissease done to any of his Ancestors or predecessors or any other action possessory upon the possession of any of his Ancestors or predecessors for any Mannors Lands Tenements or other Hereditaments of any further seisin or possession of his or their Ancestor or predecessor but onely of the seisin or possession of his or their Ancestor or predecessor which was or hereafter shall be seised of the same Mannors Lands Tenements or other Hereditaments within 50. yeares next before the teste of the originall of the same writ to bee brought No person nor persons shall sue have or maintaine any action for any Mannors Lands Tenements or other Hereditaments of or upon his or their owne seisin above 30. yeares next before the teste of the originall of the same writ to be brought c. Nor shall make any avowry or cognisance for any Rent suite or service and alleadge any seisin of any suite or service in the same avowry or cognisance in the possession of his or their Ancestors or predecessor or predecessors or inhis owne possession or in the possession of any other whose estate he shall pretend or claime to have above fiftie yeares next before the making of the said Avowry or cognisance All formedous in reverter formedous in remainder and Scire facias upon fines of any Mannors Lands Tenements or other Hereditaments shall bee sued and taken within fiftie yeares next after the title and cause of action fallend and at no time after the said fiftie yeares passed If any person or persons doe at any time sue any of the said actions or writs for any Mannors Lands Tenements or other Hereditaments or make any avowry cognisance prescription title or claime of or for any rent suite service or other Hereditaments and cannot prove that he or they orhis or their Ancestors or predecessors were in actuall possession or seisin of or in the same Mannors Lands Tenements and Hereditaments and at any time within the yeares before limited in this act and in manner and forme aforesaid if the same be traversed or denied by the partie person or defendant then after such tryall therein had all every such person and persons and their heires shall from thenceforth be utterly barred for ever of all and every the said writs actions avowries cognisance prescription title and claime hereafter to be sued had or made of and for the same Mannors Lands c. or other the premisses or any part of the same Provided alwayes that every person and persons which now have any of the said actions writs avowries Scire facias Com. cognisance title claim or prescription depending or that shall hereafter bring any of the said actions or make any of the said avowries prescription title c. at any time before the Feast of the Ascention of our Lord 1546. shall alleadge the seisin of his or their ancestors or predecessors and his owne possession and seisin and have also all other like advantage to all intents and purposes in the same writs actions avowries cognisances and prescriptions titles and clayme as he or they might have had at any time before the making of this Statute Provided also that if any person being within the age of 21. yeares covert baron or in prison or out of this Realme of England nor having cause to sue or bring any of the said writs actions or to make any avowries cognisances prescriptions titles or claymes that such person or persons may sue commence or bring any of the said writs or actions or make any of the said avowries cognisances prescriptions titles or claime at any time within six yeares next after such person nor being within age shall accomplish the age of 21. yeares or within six yeares next after such person now being in prison shall bee enlarged or never being out of the Realme come into the Realme And that every such person in their said actions writs avowries cognisances prescriptions title or clayme to be made c. within the said six yeares shall alleadge within the said six yeares the seisin of his or their Ancestors or predecessors or of his owne possession or of the possession of those whose estate hee shall thenclayme And also within the same six yeares shall have all and every such advantages in the same as he or they might have had before the making of this act Provided also that if it happen the said person now being within age convert baron in prison or out of this Realme having cause to sue or bring any of the said writs avowries cognisances descriptions c. to die within age or during condition c. or to decease within six yeares next after such person shall attaine his full age or be at large c. and no determination or judgement had of such titles actions or rights to them so accrued then the next heire to such person or persons shall have and enjoy such liberty and advantage to sue c. within six yeares next after the death of such person or persons now imprisoned c. insuch manner as the same infant after his full age or the said woman covert after c. should or might have had within six yeares then next ensuing by vertue of the provision last before rehearsed Provided also that if any person before Ascension 1546. sue or commence any of the said writs c. or make any avowry c. and the same happen by the death of any of the sayd parties to bee abated before judgement or determination thereof then the same person or persons being demandants or avowants or making such title prescription c. being then alive and if not then the next heire of such person so deceased may pursue his action and make his avowry c. upon the same matter within one yeare next after such action or suite abated and shall enjoy all such
doth not lye Because he is to recover the villein and a termor shall not have his action by Fitzherb quaere inde butis a writ of Right in its nature or an action possessorie at the least A writ of Ne injustè vexes brought against the Lord to avoid an incroachment gained 61. yeares past the action lyeth Because it is onely to discharge the land and to recover nothing and yet it is a writ of right A man brought a writ of Mesne upon a deed of acquitall made 61. years past the action lyeth Because it is onely in discharge and is to recover nothing and is not properly a writ of right because battell nor grand assise doth not lie in it and he shal recover nothing but his acquitall and he is supposed in possession of his acquitall and it is not of the possession of the plaintife because it may be that neither he nor his ancesters were never acquited and that the Lord Paramount never demanded the services untill now and therefore the action is not restrained One brought a Quare Impedit and declared of the seisin of his ancestour 61 yeeres past by presentation and that afterward the Church became void and the Bishop presented by lapse and now his Clarke is dead c. the action well lyeth Because the avoidance which is the title is within the time of limitation because the lapse did not set him out of possession and he shall recover the presentation A man brought a Quo jure and declared of a time 61. yeares past the action lyeth Because though it be a writ of Right yet it is onely in discharge and to recover nothing A Warrantia Chartae is brought by one Quia timet implacitari and declares upon a warrantie made 61. years past the action well lyeth Because he shall recover nothing but his warrantie and if hee lose afterwards then he shall have in value by a Scire facias which is another action and also he must vouche afterwards c. and if he be impleaded in an Assise he shall give notice c. so that there shallbe other circumstances before that he shall recover A man brought an Assise of Nusance and declared of a Nusance levied by the defendant 32. yeeres past the action well lyeth Because he shall recover nothing but remove the Nusance A man brings a Quid juris clamat or a Per quae servitia against the tenant upon a fine levied of a reversion or services 62. yeeres past the action lyeth Because the reversion and services are in him and he demands nothing but attornement A Formedon in the Discender is brought of cause of action accrued 62. years past and within 60. yeares the action doth not lie Because that is an action possessorie and not a writ of right ut videtur Vide Dyer 278. 291. that a Formedon in Reverter and Remainder is not within the statute because the gift is the title A writ of Waste is brought of waste made 60. yeeres past the action lyeth Because no land is expresly demanded and he declares of no seisin A man brought a plaint in a base Court of customarie land and made protestation in the nature of a writ of Right at the Common Law and declares of a seisin 61. yeeres past the action doth not lie Because this is ruled by the equity of this Statute and so it was by the ancient limitation and also the declaration is in the nature of such a writ at the Common Law and every writ at the Common Law is ordered by this Statute Yet quaere whether this Statute extend to Copieholders as to the avowrie for services for it seemeth that it doth not but onely to free-holders because they shall not alledge seisin in his or their auncesters according to the words of the Statute but onely in the Lord A man brings a plaint in a priviledged Court or in Wales or in the Cinque-ports where they have authority to hold pleas per querelam and declares upon the ancient limitation it lyeth well Because the Statute speaks of the teste of the Writ so that it must be by Writ which this is not A man brought a writ of right close in ancient demeane he cannot declare of the ancient limitation Because the Statute speaks from the teste of the Writ In a writ of right of Warde the plaintife declared of seisin of service and seigniory c. 61. yeeres past and that his tenant died his heire within age and that the defendant deforced him this is a good declaration notwithstanding the Statute Because he was possessed of his seigniory until the deforcement which is within 61. yeeres and he shall recover but a chattell onely A man recovers certaine land by a Praecipe quod reddat or by another action the tenant dieth his heire enters the 61. yeares passe the demandant or his heire may have a Scire facias to execute the judgement Because this is not an action possessorie nor in the droit but a writ of execution and therefore out of the Statute A woman brought a writ of right of dower of the seisin of her husband 61. years past the action lyeth Because that is not of her owne seisin nor of none of her ancestors nor predecessors neither is it an action possessorie and it is not prohibited by the statute A writ of Right of Disclaimer is brought and declareth of a Disclaimer 61. yeeres past this is a good declaration Because it is not of the seisin of his Ancestour nor predecessour but ratione dominii because this seisin shall be referred to the land and not to the seigniory as appeareth by expresse words of the Statute in the end of the third Article because the Statute speaks where he or his ancesters or predecessors were seised of the same land or tenements or hereditaments within 60. yeeres And also the Writ doth not demand land and yet it may recover land Tenant by the courtesie of England of a Mannour with estovers appendant is disturbed and after is outlawed of felony the King enters by office the tenant by curtesie dyeth 61. yeares after the utlawry the heire shall not have a Quod permittat Because it is a writ of right and to recover the common of estovers and the time is past and in this action he shall alledge seisin A man seised of an advowson presents and his Clarke is instituted and inducted and dyeth 61. yeeres after this statute the patron presents and is disturbed and he brings a writ of right of advowson he may declare of a seisin 61. yeeres past notwithstanding this statute Because he shall recover possession of the advowson and the possession of the presentation afterwards is a seisin for the patron in the patronage and also in this case he was seised within 60. yeares because he was seised untill the usurper disturbed him and that was within 60. yeares A Formedon of ten acres of land which passed against the tenant and judgement
a bar at large the plaintife makes title for that the same defendant in the life of his father sold the land c. to the plaintife by Indenture and delivers to him the Deed and afterwards the father dyeth within the 6. moneths and the defendant enrols the Deed within the 6. moneths by which the plaintife enters and was seised and disseised c. this is no good title upon this statute Because a man may confesse and avoid a Deed enrolled as to say that he had nothing at that time c. butnot by Infancie Ideocie Non sanae memoriae or the like and the Deed takes its perfection by the livery and not by the inrolment for if one make a grant when he hath nothing the land and he hath before attornement this doth not make the grant good and the Indenture is not an estoppell because where a man releaseth to I. N. being in full seisin yet he may say that he had nothing at the time of the grant c. And the same law is it of a lease by Indenture in the time of his father and by 12 H. 4. f. 12. a man may confesse and avoid a deed inrolled In an Assise the tenant makes a barre at large the plaintife makes title because that I.N. was seised in fee and leaseth to W. X. and T.S. for terme of life and after grants his reversion which he had depending upon the estate of T. S. to the plaintife the tenants attorne and dye and the plaintife enters and was seised and disseised and all is within 20 yeeres this is not a good title upon this statute Because the Grantor shall not have such a reversion Mayor and Comminalty by their name of Corporation and not by their proper name may make title after this Statute by 80. yeares past Because that is of their own possession and not of the seisin of their ancestour nor predecessour And the same law of Deane and Chapter but contrary of Bishop and Parson upon a seisin of his Predecessour because that is expresly within the words of the Statute Nota. DIVISIO 2da OR The second dayes Reading or Lecture Where a man shall prescribe according to the ancient forme and where not and what prescriptions shaâ— be good upon this limitation anâ—… what not A Man may prescribe thâ—â— he and his ancestors 〈◊〉 predecessors or thoâ—â— whose estate c. werâ— seised from the time thâ—â— contrary whereof c. as before thâ—â— Statute yet he shall not alledge or declare in the record of a seisin within 6â—… yeeres before the confession of the prescription yet it seemeth that he shall take advantage in evidence of the prescription of an ancient seisin before 60. yeeres with a seisin alledged within 60. yeeres without elder commencement And therefore the prescription as it seemeth ought to be elder but he cannot alledge nor declare in the record but within 60. yeeres but may enforce it in evidence at large quod nota And by the generall ancient forme of prescription it shall be intended meant as a prescription of which part of the seisin is within 60. yeares according to this Statute In a Quod permittat the plaintife prescribes in him and those whose estate he hath in the Manour of D. for common appointment from the time of King Rich. the first he may doe it well notwithstanding this statute Because the Statute doth not extend to a prescription by whose estate c. but to a prescription in him his ancestors and predecessors A Quo Warranto the plaintife prescribes in him and his ancestors for toll traverse from the time c. to have a peny for every load of stuffe carryed overmy land to his Mannour c. this is a good prescription Because this is to goe overthwart my land but through toll is to goe over the way through my land and therefore contrary there and the prescription shall serve as a new title by the usage afterwards Assise of common the plaintife made title to common appendant in the Mannour of the defendant the defendant prescribes that he c. and all his ancestors whose heire he is c. have used from the time of Rich. the first to put forth of their Commons such cattle which were not levant and couchant upon the same lands to which c. and for that that those cattle were not levant c. he put them forth c. this is a good prescription Because it is not to recover any thing but to discharge onely In a Quo Warranto c. the plaintife prescribes in him and his ancestors Lords of the Manour of D. from the time c. to take a peny for every load of through toll of those which carry through his Mannour this is a good prescription For the reasons before alledged and because it is contrary to common right In a Quo warranto the party prescribed in him and his ancestors Lords of the Mannor of D. to have cognisance of pleas and to hold plea in the Court of the Mannour aforesaid from the time of c. this is a good prescription Because he cannot prescribe in the grant of pleas Assise of land the def. disclaimes in the survey and prescribes that he and his ancestors seised of the Mannor of D. have used from the time of R. 1. c. that when such a gutter which conduceth water to such a house was ruinous to enter into this land and to repaire it and that he therefore entred to repaire this is a good prescription notwithstanding this Statute Because he is not to recover anything but to have easement because the Statute doth not speake but only of prescription to lands tenements commons rents portions pensions and hereditaments A quod permittat of common theplantife made title by prescription from the time of R. 1. c. the defendant said that he c. have been within age successively de tempore c judgement c. this shall not avoid the prescription Because this is a Law as a condition or recovery A man hath had a Faire and one Market by prescription from the time of R. 1. c. which is seised into the Kings hands 60. yeeres past by non-claime in a Quo Warranto before this Statute c. he shall never have the liberties again by prescription nor otherwise Because he might replevie them within 50. yeeres A man which had a Leet and Warren and Wreck by the Kings grant made no claime to the same before the Justices in Eyre 62. yeeres past by which his liberties are seised into the Kings hands and yet he and his heires continually used the same afterwards and in a Quo Warranto his heire made title to that by prescription according to this limitation he shall not have his liberties by this prescription A man hath had catalla felonum fugitivorum from the time of R. 1. c. and hath had allowance in Eyre and afterwards makes his
reversion may fanxesie the recovery in another point which was not tryed as to say that another had title to the seigniory and not the avowant and so the seisin void In a Mortdauncestor the Tenant traverseth the seisin the Jury finde that the grandfather dyed seised and that afterwards the father of the demandant dies before that any stranger enters and afterdies and the Tenant abates this is good proofe of seisin but yet it shall not serve but this triall shall binde the demandant c. Because the Stat. speakes of an actuall seisin and this is a seisin in Law Lord measne and tenant the Tenant traverseth the seisin in an avowry against the measne which is tryed for him and afterward forejudgeth the measne there the Lord may distraine and make avowry and shall not be bound by the said triall Because he avoweth for his seigniory and he is not heire to the measne A woman seignioresse measne and tenant the measne is bound to acquittall she takes a husband the tenant releaseth to the woman and his heires acquit the husband and wife have issue the wife dies the tenant brings a Writ of measne against the husband contrary to his acquittall by prescript in the wife and her auncestors the husband traverseth the seisin which is found against him and hee dies the heire shall not bee bound by this tryall in another Writ of measne Because he hath a release to plead and hath the menalty as heire to his mother and not as heire of his father and may falsifie ut supra And this action is not to recover Land Tenements nor Hereditaments but goeth by way of discharge Tenant for life the reversion to another in fee is impleaded by a praecipe c. and traverseth the seisin which is found against him upon a faint title by covin and the demaundant recovers the Tenant for life surrenders he in the reversion shall be bound by this triall viz. during the life of the Tenant which surrenders and not afterwards notwithstanding the Statute of 32. of Recoveries by covin as where Tenant for life grants a rent and surrenders c. And Nota that he in the reversion may falsifie in a title in another point which was not tryed but he which may have an attaint cannot falsifie in the same point which was tryed and he in the reversion may have an attaint and error by the Statute of R. 2. and this recovery is as a purchase A Segniory is given to two and to the Aires of one he which hath the fee dies hee which survives distraines and makes an avowry the tenant traverseth the seisin which is found for him the Defendant dies and the heire of the other distraines and makes an avowry upon the same seisin he shall not be bound by the first triall Because the first judgement is not to be barred of the seigniory but onely to recover dammages and also hee is not heire to him which was party to the trial but to another which had the fee yet he had a reversion at the time c. And he in the reversion and those which may have error or attaint are bound by the common Law and shall not falsifie the point which was tried by verdict contrary in other points and contrary of them which cannot have error nor attaint note the difference by many books and by the Statute of 9. R. 2. c. 3. A feme Covert brought a Writ of Aile after Ascens c. the tenant traverseth the seisin which is found for him and after the husband and wife die and the heire brings a Writ of cosenage he shall be bound by this tryall Because albeit the barre be at liberty yet it is contrary of the wife An Infant brings a precipe by Attourny as a man of full age the tenant said that he is an infant judgement if he shall be by Attourney and yet the Court admits him by Attourney the tenant traverseth the seisin which is found for him the demandant and his heires shall bee bound by this triall for ever Because this is not errour and an infant is not excepted in the Statute Lord and tenant the tenant is disseised the Lord brings a Writ of Customes and services against the desseisor who traverseth the seisin which is found against the Lord the desseisee reenters the Lord distraines him makes an avowry upon the first seisin the disseise shall have advantage to barre him by the first tryal Because he made plede per que estate and bind the Lord because the judgement was given against the Lord and so he barred A man seized in right of his wife makea feoffment in fee the husband dies the feoffee is impleaded and traverseth the seisin which is found for him the wife brings a cui in vita and recovers the demandant in the first precipe brings another precipe against the woman she shall have advantage of the first triall Because the demaundant was once barred and so his right extinguished A man makes a feoffment in fee upon condition the feoffee is impleaded after Ascention c. and traverseth the seisin which is found for him the feoffor enters after the condition broken the demaundant brings a new Writ against him the feoffor shall have advantage of the first tryall for the reason aforesaid Avowry by the Lord upon the tenant for x. s. rent and alleageth seisin within 50. yeares the plantife alleageth a confirmation by the deed of the father of the Lord 60. yeares past tenend. by iiii d for all rents and services besides fealty this is a good barre notwitstanding this Statute Because the Statute saith onely that a man shall not have a writ nor makea prescription title nor claime beyond that limitation but it doth not speak of bars in defence of possession and therfore it seemeth that the eldest barre shall be tryed by the intention of that Statute because the words of the preamble are that the eldest seisin shall not be disturbed Avowry for Rent upon this limitation the Plaintiffe pleads a Release of all actions made 51. yeares past by the Avowant to the Plaintiffe this is a good Plea and shall be tried notwithstanding this Statute Tit. bar in Fitz. 8. H. 6.10 27 E. 3. ibid. that it is a good barre Lord and tenant of 3. Acres of Land by fealty and two shillings the Lord distraines in the Acre and avoweth for xii d the Plaintiffe saith that 60. yeares past he leased the other Acre to the Lord for 60. yeares which are yet induring judgement if hee shall avow for any thing in the other Acre during the terme this is a good Plea and shall bee tryed notwithstanding that it be out of the limitation Because a suspention of part is a suspention of all contrarie of an extinguishmentof part because there may be an apportionment in that case A Mortdancester of a seisin within 50. yeares the tenant said that the demaundant himselfe leased for terme of
advantage tomake their said titles within the said one yeare as the demandant demandants in such writ c. should or might have had or enjoyed in the said former action or suite Provided furthermore that if any false Verdict happen hereafter to be given or made in any of the said actions suites avowries prescriptions titles or claymes that then the partie grieved by reason of the same shall and may have his Attaint upon every such Verdict so given or made and the plaintiffe in the Attaint upon judgement for him given shall have his recovery execution and other advantage in like manner as heretofore hath beene used any thing in this Statute contained to the contrary notwithstanding OBSERVATIONS MADE BY THE READER By way of Introduction for the better understanding of the true meaning of this Statute How the Common Law was before the making of this Statute IT to be observed that by the Statute of Westminster the first Cap. 38. the limitation in a Writ of Right is from the time of Richard the first which is 340. yeares past And in a Writ of Assise of Novill dissesin in a Nuper obiit by the same Statute of Westminster the first post primam tranfretationem domini Hen. filii regis Johannis in vasconiam which is 300. yeares past And in a Writ of Mordancestor Ayle Cosinage and Nativo habendo and in a Writ of Entrie Post Coronationem domini Henrici filii Regis Johannis which is 325 yeares past And the said Statute of Westminster the second giveth the like limitation in Avowries as in an Assise of Novel disseisin that is to say Post primam transfretationem domini Henrici filii Regis Johannis in vasconiam which is 300. years past But now the Writ of Assise which was wont to be Quod disscisivit eum post primam transfretationem domini Henrici filii Regis Johannis in vasconiam shall be Quod disseisivit eum infra 30. annis jam ult. elapsos And whereas the Writ of Entrie was wont to be Quod disseisivit eum post primam transfretationem domini Henrici filii Regis Johannis in vasconiam It shall be now Quod disseisivit eum infra 50. annis jam ult. elapsos Also the Writs of Mordancestor which were Si obiit post Coronationem domini Henrici filii Regis Johannis shall now 〈◊〉 Si obiit infra 50. annis iam ult. elapsos Also the Writ of Nativo habendo which was Quod fugiit de terra sua post Coronationem domini Henrici filii Regis Johannis shall be recovered if it be brought of the seisin of his Ancestor Quod fugiit infra 50. annis iam ult. elapsos And if it be of his own seisin then Si fugiit infra 30. annos iam ult. elapsos And note that in all Writs of Right Ayle Cosinage Nuper obiit and in all Writs of Possession and in all other Writs in which men shall alleadge explees or make mention of any seisin that they shall be of the same forme as they were before the making of this Statute but when they declare then they shall make a speciall allegation of the explees within such a time within the limitation of this Statute that is to say Tempore Regis nunc and the like c. But if he alleadge the seisin within the time of such a King of which part may be within the limitation and part without there he shall alleadge the yeere certaine that is to say Capiendo inde exples c. an. 12. Reg. H. 7. or the like for that the Statute is that he shall alleadge seisin within the time and not beyond and therefore he may not alleage generally in the time of such aKing where part is within and part without for the doubt c. But where hee alleadgeth seisin An. octavo of such a King and in truth the seisin was An. 9. or in the tenth yeare this is not traversable but where the seisin was before which is out of the limitation that is materiall and issuable And note that if the seisin may be proved within the yeares before the limitation that sufficeth because the statute saith that if the seisin shall be traversed and the demandant cannot prove the seisin within the yeares before limited that he upon such tryall shall be barred and his heires c. Devisio 1ma In what actions these limitations shall hold place and in what Courts and in what not And where a man may make title beyond threescore yeares and what shall be good titles upon this Statute AN heire brought an Admeasurement of dower against the wife tenant in dower of this indowment being within age which indowment was two and thirty yeares past the action is not good Because this is to recover land and of his owne possession and lyeth well at full age A man brought a writ of Contra formam feoffamenti upon a deed bearing date in the time of Edward the third the account well lyeth Because it is to discharge himselfe and to recover nothing A man brings a writ of contribution upon a cause of action happening threescoreand one yeares past before the Writ purchased the Action lyeth well Because hee goeth to have dammages of the charge onely of the suite for part A Cessavit was brought of a Cessor 63. yeares past before the writ purchased the action lieth well Because it is not of the seisin of him nor of his ancesters in this land A man brought a writ of error upon an erroneous judgement given against his father 62. yeares before the writ purchased the action well lyeth Because nothing is prohibited but a writ of right and an action possessory of the seisin of him or his precessors or ancestors and this is not of his owne seisin and is onely to reverse the first judgement The Lord brought a writ de consuetudinibus servitiis of a deforcement 61. yeares past the account doth not lie because he is to recover a seigniory A Writ of false judgement was brought of a judgement given 61. yeares past the account lyeth well Because it is not properly a Writ of Right nor an action of possession and if it be neither nor of his owne seisin then he is not prohibited because that is properly of no seisin A man brings a Writ of Escheat of an Action accrued 62. yeeres before this Writ purchased the Action lyeth well Because it is not of the seisin of himselfe nor of his ancesters in this land but ratione dominii A Monstraverunt brought by tenants in ancient demesne and declares that the Lord demanded more services in the time of Ed. 4.61 yeares past then were demanded in the time of the Kings Progenitors yet the action well lyeth Because it is not to recover any thing but to discharge themselves of the services A writ of Nativo habendo was brought and declared of a seisin 61. years past the action
claime in Eyre by prescription c. he shall not have those liberties c. Because a man cannot prescribe in those things which touch the Crowne A man hath had a Faire and Market by prescription certaine dayes and afterwards the King grants the same liberty to him by his Letters Patents 40. yeeres before the Ascension 1546. and in a Quo Warranto a month after the Ascension c. he makes his claime to that by prescription by an usage before c. this is not a good prescription upon the matter Because the grant determines the prescription as an obligation determines a grant or contract A man prescribes that he c. ancient tenants of D. and all lands of D. from the time of R. 1. c. have been quit of toll this is a good prescription notwithstanding this statute Because that it goeth in discharge and to recover nothing In a Serta molendini the plaintife after Ascension c. made his declaration that he and all those whose estate he hath in the Mannour of D. have had suit of their tenants to their Mill within his Mannour from the time of R. 1. this is a good prescription Because he prescribes per que estate which is not restrained by the Statute Assise of Common the plaintife prescribes that he hath been seised of Common for all cattell in the place where c. by all the time of this limitation this is not a good prescription Because the Statute sayes that he shal not make prescription but of the seisin of his auncestors or predecessors within 60. yeares before the making c. and his ancestour was not seised within the 60. yeares but himselfe c. such a prescription is not warrantable either by this Statute or by the Common Law In a Replevin the defendant prescribes in him and his auncesters to have amerciaments of all his tenants of D. fromthe time c. in quibuscunque curiis and may distrain make avowry for them this is a good prescription upon this Statute notwithstanding that it be of an amerciament in Curia Regis In a Quo Warranto the plaintife makes his title by prescription in him and his auncestours that they have used to have waifes from the time of c. and to retaine them notwithstanding fresh suit from the time c. this is no good prescription Because it is contrary to common right and cannot have any lawfull beginning A man makes a prescription in trespasse c. that he and his auncesters from the time c. to have the escapes of cattell in another mans land in driving to such a Park without amends made from the time of Rich. 1. this is a good prescription notwithstanding this Statute Because it is not to recover any inheritance but onely by way of discharge An Assise of Nusance for stopping of water by reason whereof 20. acres ofland are surrounded the defendant prescribes that he and his Auncesters Lords of the Mill of Dale have used from the time of R. 1. c. to stop during the re-edifying and repaire of their Mill this is a good prescription Because it goeth by way of easement and to recover nothing A man prescribed that hee c. Lords of the Mannour of D. have had â—… way over the land of another partie from the time of R. 1. c. to the Church of D. this is a good prescription Because it is neither tenement nor he reditament but easement because an Assise doth not lye of a way nor if a man give omnia tenementâ— hereditamenta sua the way doth not passe In an Assise a man prescribes in common c. in him and his auncestors de tempore c. upon which they are at issue and it is found that he and his ancestours have beene seised by 10. years and have been disturbed by another 10. years alternis vicibus de tempore c. he shall not recover upon this verdict and prescription Because the interruption is equall with the seisin In an Assise the tenant prescribed in him and his auncestours tenants of such land in D. to enter into the land of the plaintife and to abate the Nusance as often as the plaintife or his auncestours estop such a river de tempore c. this is not a good prescription Because where the Common Law will serve him he shall not prescribe 9 Ed. 4. Quo Warranto the Bailiffes and Comminalty of S. claim to make Fraternities of themselves by Master and Brethren by usage de tempore c. and the same being so made shall so implead and be impleaded c. this is no good prescription upon this Statute 9 E. 4.3 An Assise by Master and Confreres of D. the defendant said that there were no Master and Confreres there the plaintife said that he and his predecessours have been Masters and Confreres there and capable by that name and have used to implead and be impleaded by that name from the time of R. 1. and continually afterwards this is a good prescriptionafter this Statute c. Because he cannot prescribe in a Corporation and this prescription is to enable him and is not made to the land and therefore out of the case of the Statute Lord of a Mannour and tenant by homage fealty and 10. shill. rent the Lord releases the services of the tenant saving the rents and afterward is seised of the rent and disseised and brings an Assise and makes title that he and his auncesters c. de tempore c. have been seised of the rent this is a good prescription upon the Statute 31 E. 3. p. 33. Because in a rent service a man shall not prescribe because he may make another title by the Common Law contrary for a rent seck In a Replevin the defendant avowed because that it had been used by him and his ancestours whose heire c. Lord of the Mannour of D. for to distreine for Heriot custome upon the death of every tenant of the Manour de tempore c. and for Heriot custome after the death of I.W. c. he avoweth c. this is not a good prescription upon this Statute Because for Heriot custome the property is in him and he may seise it and may have an action and a man may not prescribe in his owne goods Dower by a woman the defendant said that the husband was attainted of felony c. the plaintife said that it had been used in this Manour from the time of R. 1. that the wives of a man attainted shall have dower this is a good prescription upon this Statute 8 H. 3. the like in Gavelkind of which the heire shall inherit And this prescription is not made of the seisin of him nor of his ancestours and therefore out of the case of the Statute A replevin for an amerciament in a leete for not comming to be sworne to the King the defendant prescribes that the usage is there to be
sworne before the Constable and Portreeve and not in the Leet this is no good prescription by the opinion of the Court 2 H. 4. Abbe and his predecessours have been seised of a rent by prescription out of the mannour of D. de tempore c. the Abbey is changed into a Deane and Chapter where they shall not prescribe in them and their predecessours de tempore c. upon this Statute Because they ought to prescribe part in the Abbe and his predecessours and then shew the alteration and prescribe by the name of Dean and Chapter c. 7 Ed. 4. Replevin the def. prescribes to have 10. pound for every daughter of every villain which is married in his mannour of D. de tempore c. and for to distraine the goods of the father for the same c. and for marriage of such a daughter of I.N. his villein he avoweth this is no good prescription upon this Statute Because he may take all their goods at the Common Law In an Assise the tenant said that hee leased to W.H. for life who aliened to the plantife in fee for which he entered the plantife said that it had beene used de tempore c. which in the Village of Dale ubi c. that whatsoever estate a man made that nothing should passe but onely his own estate and the rest to be void this is a good prescription upon this Statute Because a thing which may be intended to have a lawfull beginning as by grant or reasonable usage it is good as to have for every poll 4. pence of the cattell distrained or to kill the distresse which he takes dammage fesant or to have of every one which breakes his pound this is no good prescription against a stranger but against his owne tenants it is because it may begin by assent In a replevin the defendant said that the tenant held 4. acres of him by fealty and two shillings rent for which rent c. his auncestors have used de tempore c. to distraine this is no good prescription upon this Statute Because where the Common Law will serve he shall not prescribe A man prescribes in an Avowry that he c. have been seised of Cōmon without number in the place c. by 40. years before the making of the prescription this is no good prescription Because the Statute doth not warrant it albeit it speak of seisin within 60. yeeres The third DIVISION or LECTURE Where he that hath cause of action entry title or right and suffers this limitation to passe may have remedy afterwards and what remedy and where not As also where the laches of one shall prejudice another and where not and where a may may make a claime after 60. yeares and where not A Man sels his land by Indenture after the Statute and before the inrolment the vendor is atainted of felony committed after the bargain and before the inrolment and after thedeed is enrolled within six moneths the Lord enters for Escheate the vendee doth Ouster him and declares of a seisin by 60. yeares the Lord may re-enter and retaine notwithstanding the Statute Because that the Land is not vested in the Vendee untill enrollment and a matter of Record shall not have relation beyond the reste and measne acts vested shall not be devested And it seemeth that this Statute of Limitations doth not take away the right nor entry of none of his owne proper seisin but only his action prescription title and claime of the seisin of his auncestors and predecessors and if the vendor die before inrollment the Lord shall have the Ward A man seised of a Mannor and villain regardant in the right of his wife the villain purchaseth Lands the husband enters and dyeth his heire enters the wife may enter 61. yeares afterwards and retaine notwithstanding the Statute Because the husband shall not have the Land purchased in right of thewife and the wife was seised with him contrary of a termor or tenant for life which are seised jure proprio A man made a feoffement upon condition on the part of the feoffee the condition is broken the feoffee dyeth seised his heire enters the 60. yeares passe the feoffor may enter and retaine notwithstanding this Statute Because the Land is bound with a condition and if it be by deed it may be pleaded by Littleton tamen cave that he bring no action after his entrie because it seemeth that if he be driven to make title that then he is gone And the like seemeth if he be driven to plead that by way of bar but upon a generall issue hee may give it in evidence A feme disseiseres taketh a husband the disseisee releaseth to the husband and his heires all his right the husband dyeth the heire of the husband entereth the 60. yeares passe the wife may enter and retaine Because this release shall enure to the wife for albeit that the wife was itby wrong the husband was in by title and therefore that enures according to the estate and perfects the estate of the wife as a release to three feoffees of a disseisor where there are foure feoffees that enures to the rest but contrary of a rel. to one of the disseisors An infant seised of land takes a wife which hath issue a sonne the husband being then of the age of 8. yeares and after had another son the husband being of the age of 18. yeares the husband dyeth the youngest son enters and the eldest son enters upon him and continueth possession by 60. yeares yet the yongest may enter and retaine Because the eldest is bastard by reason of the age of the father 29. E. 3.54 38 and that such bastardy shall be tryed by Assise by speciall pleading A man seised of Lands hath 2. daughters and dyeth I. S. abateth and the eldest son makes claime a furlong disjunct from the land because he dareth not enter and after dies without issue 60. yeares after there the other sistermay enter and retaine Because the claime of one is an entry for the other and one assise shall serve for the entrer 38. E. 3.23 but such claime shall be within the view of the Land for otherwise it shall not stand for an entry upon tryall c. because the issue was taken 4. H. 4. And the Stat saith that a man shall not declare nor alleage any farther seisin of his Ancestor or Predecessor then within 60. yeares c. A man makes a feoffement in fee to I. N. upon condition that he shall deliver xx yards or c. of Wooll at Roan in France the feoffee doth not deliver it the feoffee enters and declares by 60. yeares the feoffee may claime or enter and retaine Because the condition is voide to bee performed beyond Sea which cannot be tryed here 10. H. 6. and therefore the entry of the feoffor was a disseisin vide 7. H. 6.14 A feme disseiseres takes a husband the husband
makes a lease for life and the disseisee releases all his right to the tenantfor life the tenant for life dyeth the husband dyeth having issue c. the heire enters the wife enters upon him and continueth possession by 60. yeares the heire of the husband may claime the Land or enter and retaine Because by the discontinuance the reversion was to the husband alone and therefore the release to tenant for life enureth to the estate of the Land and of him in the reversion Tit. Release Litt. 119. A man hath issue bastard reigne and mulier puisne and dyeth the bastard entreth and indoweth the wife of the father and dyeth and the tenant in dowre dyeth the issue of the bastard enters and continueth possession by 60. yeares the mulier cannot claime nor enter nor retaine Because that although the bastard doth not die seised as of a reversion yet the mulier cannot enter as heire of his auncestor after 60. years because that is a claime in Law A man seised hath issue two daughters the one a bastard reigne and the other a mulier puisne and dyeth the daughters enter and are impleaded and vouch an estranger who enters into the warranty and leeseth the demandant recovers and they over in value the mulier ousts the bastard and continueth possession 60. yeares the bastard may enter and retaine Because the Vouchee is a conclusion A villaine takes a wife and purchaseth Land to him and his wife in see the Lord enters the bastard dyeth the Lord continueth seisin 60. yeares passe after the death of the husband the wife may enter and retaine the Land Because there are no moities betweene husband and wife of a purchase during covertures A feme seised in fee sels the Land after the Statute by Deed indented and after is ravished and consents to the ravishor his son enters and after the Deed is inrolled within sixe moneths the vendee enters and is seised by 60. yeares the son may make claime or enter or retaine Because it was perfectly vested as where a daughter takes a perquisite or remainder and after a sonne is borne A man marrieth with his Neife and Land is given them in fee the husband dyeth without issue the heire enters the wife ousts him by a continuant by 60. yeares the heire may enter and retaine Because the marriage is not an enfranchisement and then by the death of the husband this is a purchase by the villaine because by Natura Brevium shee shall not have Dowre A man seised in right of his wife aliens in see upon a condition the husband dyeth the condition is broken the heire of the husband enters and continueth 60. yeares the wife may enter and retaine Because the entry of the heire purgeth the discontinuance 4. H. 6. A man hath issue two daughters the one a bastard and the other a mulier and holds of the King and dyeth seised the daughters enter and sue livery andafter the mulier ousts the bastard and continueth by 60. yeares the bastard may enter and retaine the avowry and if she be ousted she may have a Writ of Right Because the Livery is an Estoppell and a discent between privities shall not take away an entry and the bastard is privy by Estoppell A man is disseised of a messuage and dyeth the heire suffers 60. yeares to passe and after commeth to the doore to set his foot to enter the disseisor stands in the doore with a Sword by which the other dares not enter and afterwards in the same manner the disseisor dyeth seised and his heire enters this claime shall not serve the heire of the disseisee A feme covert is disseised the disseisor dyeth seised his heire enters the husband and wife dyeth the 60. yeares passe the heire of the wife cannot enter nor retaine Because this is a claime upon the seisin of the auncestor A man sels his Land by Indenture and after disclaimes in an avowry by which the Lord recovers by a Writ of Right sur disclaimer and enters and afterwards the vendor inrolls the Deed within the 6. moneths the vendee enters the sixe moneths passe the Lord may enter and retaine and if he be ousted he may have a Writ of Right and in all these Cases they claime of their proper seisin and not of the seisin of their auncestor or predecessor Two parceners bring a sur cui in vita the one is nonsuited summoned and severed the other recovers the moity and both enter and afterwards he which recovered ousteth the other and continueth by 60. yeares yet the other may enter with her sister and retaine and if she be ousted she may have a Writ of Right 19. H. 6. f. 4. A feme grants a reversion by deed in fee and takes the grantee to husband and after the tenant Attornes the husband dyeth his heire enters the wife ousteth him and continueth seisin by 60. yeares the heire of the husband may enter and retaine and if he be ousted he may have a Writ of Right Because the Attornment is good contrary if the graunt were to havebeen persons because then that will not passe by the Attornment for to prejudice the husband A feme sole makes a feoffement upon a condition that the feoffee shall re-enfeoffe him when he shall be required by him and takes a husband and makes request the feoffee refuseth by commandement of the husband the husband dyes and after the feoffee dyeth seised and his heire enters and continueth possession by 60. yeares the wife may enter and retaine and if shee be ousted she may have a Writ of Right Because her entry was changeable by the refusall by reason of the first condition notwithstanding the discent where it is upon condition 35. E. 3.11 and the request is good Tenant in tayle discontinueth and hath issue a daughter and dyeth the 60. yeares passe c. the daughter takes a husband the feoffee makes an estate to the husband and wife for the life of I. N. the husband dyeth I. N. dyeth the discontinued enters upon the wife she may enter and retaine Because she is remitted quaere because she cannot have an action by reason of the time past and then out of the case of remitter yet it seemeth that the issue in tayle which is outlawed and hath a release may be remitted A man is disseised and releaseth all his right to the disseisor upon condition that the disseisor shall enfeoffe him of other Land within a moneth the time expires no feoffement made the 60. yeares passe the disseisee may re-enter retain and if he be ousted he may have a Writ of Right by reason of the condition Tenant in tayle discontinueth the 60. yeares passe the issue in tayle disseâ—seth the discontinued and the discontinued hath issue within age and dyeth the heire in tayle dyeth seised his heire enters during the infancy of the heire of the discontinued the heire of the discontinued cannot enter nor retaine by reason
of the remitter A man is disseised and dyeth his heire within age the disseisor dyeth seised his heire enters during the nonage of the heire and continuethseisin by .60 yeares the heire of the disseisee cannot enter nor claime nor have action Because he claimed upon a seisin of his auncestor which is defended by the Statute A man is defaced of certaine Lands and recovers the Land in a praecipe quod reddat the tenant dies seised his heire enters the 60. yeares passe yet the defac't may enter and retaine and if he be ousted he may have a Writ of Right Note that Deane and Chapter and the like by the name of their corporation may make a claim by an 100. years past For the reasons rendred in the first Lecture A man seised in the right of his wife is disseised or makes a discontin and liveth 61 years he and his wife die the heire of the wife shall not have action claime nor enter Because none is aided but those which were covert at the time of the Statute c. and the heire doth not claime upon the seisin of his auncestor beyond 60. yeares and an entry is a claime If tenant for life or an Ideot or a man imprisoned or beyond Sea are disseised and suffer the 60. yeares to passe and dyeth their heire nor those in the reversion shall not make claime nor enter nor have action Because if their entries are taken away they shall be barred in perpetuum for the reason aforesaid If an Infant be seised at 14. yeares and hath issue and dyeth before 21. yeares and every issue one after the other untill 60. yeares are past their heire shall never have action nor claime By reason of this Statute because an Infant or the like are not excepted but only those which were Infants tempore Statuti An Infant sells his Land by deed indented and inrolls the deed within sixe moneths he being within age the vendee enters the Infant ousts him and continueth by 60. yeares the vendee may re-enter and retraverse and if hee be ousted may have a Writ of Right Because the Infant is estopped by the inrollment to say that he was within age tempore c A man hath issue two sons and dyeth seised the first enters and dyeth seised the 60. yeares passe the eldest cannot make his claime nor enter nor retain because that notwithstanding there be a privity in blood c. yet he must claime of the seisin of his auncestor and an entry is a claime in Law which is ousted by the Statute A man seised in fee hath issue a son and a daughter by one Venter and a son by another Venter and gives his Land to his eldest son in tayle and dyeth and after the eldest son dyeth without issue the daughter of the entire blood shall enter the yongest ousteth him and continueth seisin by 61. yeares the daughter cannot make claime nor enter and retain because the fee doth not vest in the eldest son by discent by reason of the entayle and therefore it was in abeyance and yet it is in him for to give and forfeit as a reversion c. The fourth Lecture Of Avowries Where a man shall make an Avowry of a longer time then is limited by this Statute and where not and what shall be good Avowries upon this limitation and what not A Man holds by grand Serjeanty of the King distraines and alleageth seisin within 50. yeares and avowes for ayde to marry his daughter the Avowry is not good 10. H. 6. by all the Justices Because none shall pay such ayde but tenants in Soccage or Chivalrie and not tenant by grand Serjeanty nec alii Replevin against two of a horse taken who come and one of them avoweth for a rent charge and the other for a rent service out of the same Land and both alleage seisin within 50. yeares this is a good avowry upon this limitation 31. E. 3. in Fitz. 241. Because it is not like to coparceners betwixt whom is privity A man avowes the taking of two Clothes for toll due 52. yeares past by custome to destraine the goods of the buyer within the village for toll c. this is a good avowry notwithstanding this Statute Because it is not for rent suit nor service 20. E. 3. Avowry because the custome of his Mannor is that if any one breake the pound that he and his ancestors de tempore c. have used to distraine for x. s. this is good notwithstanding this Statute Because the prescription is good betwixtTenants of the Mannor and it is not for rent suit nor service Lords measne and Tenant the measne is in arrerages to the Lord the Lord distraines the Tenant the Tenant forejudges the measne the Lord accepts the rent and services by the hands of the Tenant and after avowes upon the Land for the arrerages of the measne and alleageth seisin within 50. yeares this is no good avowry for the arrerages Because this is the act of the Tenant and cannot doe otherwise but take him for his Tenant 7. E. 3. Avowry for xx s. for bloodshed presented upon the plaintife in his Leet 51. yeares past according to the custome c. this is a good avowry notwithstanding this Statute which speakes of 50. yeares Because it is not for rent suit nor service and the custome is good Grandfather Father and Son the Grandfather holds of the Lord by Harriot Reliefe and xii d rent the Grandfather dies the Father enters and enfeoffs the Son and dies the Lord accepts the rent of the Son and within 50 yearesdistraines and avowes upon the son for the Harriot and reliefe of his Grandfather due within the 50. yeares and alleages seisin within 50. yeares this avowry will not serve upon this limitation Because by the acceptance of the rent and service of the son he hath lost the Harriot and reliefe and all the arrerages 4. E. 3. A man seised of a Mannor in right of his wife leaseth the Mannor for xx yeares rendring x. livre. by the yeare at Michaelmas the wife dies without issue before Michaelmas after Michaelmas past the lessor may distraine and make an avowry by this Statute Because that untill the wise enters the tenant shall render the rent to the husband Avowry because the custome of the Mannor is to have x. li. for a fine of every villaine there which marrieth his daughter without licence and that such a villaine married there within 50. yeares without lilence c. and therefore avoweth this is not good Because he may take the goods of his villain by the common Law A man distraines his Tenant for homage due 50. yeares past the Tenant dyes his Executor sueth a Replevin after 50. yeares the defendant justifies for homage which was due 50. yeares past and that the tenant is dead this is a good justification notwithstanding the Statute Because the Statute speakes only of an avowry and cognisance and not of justification A
2. s. and sute of Court the Lord brings a Cessavit against both and hath execution and distraines in the other moity and makes an avowry for sute upon a seisin within 50. yeares according to this Statute this avowry is not good Because by this recovery and execution the entire sute is gone because he cannot be contributory to himselfe contrary of a rent because that shall be apportioned note the difference Lord and Tenant by fealty and foure shillings rent the Lord releases the rent to the tenant and to the heires of his body the tenant dies without issue the Lord distraines his next heire and makes an avowry upon this limitation for rent due after the death of the Tenant the avowry well lyeth Because a release for one houre to tenant in fee-simple as to the title of the Land is good for ever and yet contrary of a rent Fitz Voucher 120.13 E. 3.92 because that was his estate in the rent and so is it there adiudged Lords measne and tenant every one holds of each other by iiii d the Lord releaseth to the Tenant all his right in the Land and after the measne distraines and avowes for iiii d upon the tenant upon this limitation the avowry doth not lie Because by the release the moity is extinct Lord and Tenant by fealty and iiii d rent the rent is behinde the Lord disseiseth the Tenant of the same Land and continueth possession by a yeare and after the tenant recovers by an Assise the Lord distraines and makes an avowry for arrerages due before the disseisin upon this limitation this is a good avowry 8. E. 3.37 Because all is received by the recovery and nothing shall be recompted but that which is before the unity A man hath issue a son and a daughter by one Venter and a son by another and is seised of two acres of Land and grants x. s. rent charge in fee out of one to the son the son dies without issue and after the father dyes the daughters enter and make partition and the acre charged is allotted to the youngest the eldest daughter distraines his sister and makes an avowry upon this limitation for 5. s. this is goods Because nothing is extinct but the moity of the rent for nothing is descended of the Land to the eldest daughter but the moity of the land but the entire rent is descended to him 34. E. 3. Quintons Case A man makes one Steward of his Mannor and gives x. li. fee to him with distresse officio suo exequendo with manger and boyer for terme of life and the Steward leaseth the fee and the manger and boyer to the Lord of the Mannor for foure yeares rendring to him 12 li per annum with clause of distressein the Mannor by deed indented the Steward doth not keep the Courts and afterwards distraines for the 12 li and makes an avowry upon this limitation the avowry doth not lie Because it is extinct by the nonfeasance of the services c. 20. E. 4.12 because when the Rent comes by reason of the Land there a lease to the Lord is a suspension but contrary where it commeth ratione personae per Curiam Tenant in taile aliens in fee with warranty and leaveth assets and dieth the issue is barred in a formedon the donor destraines and avowes upon the heire in taile of the seisin within 50. yeares the avowry is good upon the Statute Because this is nothing to the doner The fifth Lecture Of Formedons Whereas the Statute is that Formedons in reversion shall be brought within 50. yeares after title and cause of action accrued It is to be seen to whom action shall be said sufficiently accrued to take advantage of the Statute and from what time the 50. yeares shall be accounted è contra A Man lets Land to one for life the remainder to his own wife in tayle and dyeth the Tenant for life dies and I. N. enters Action is not accrued to the wife to have a formedon in remainder within the 50. yeares Because a gift immediat to his ownewife is not good but contrary of a feoffement to an use or a demise but if he in the remainder be not capable at the time of the livery hee shall never bee as in the case of Rikhill A man lets for life the remainder of I. N. in fee I. N. enters in religion the lessee for life dies the brother of I.N. enters and commits felony and is attainted the Lord enters for an Escheate I.N. is deraigned before 30. H. 8. no action of formedon in the remainder is accrued to him Because it was executed before in his heire and the forfeiture for felony is executed also and religious persons shall not be capable by the Statute of 31. H. 8. A man leaseth for life the remainder to Deane and Chapter and to the heires of the Deane the Tenant for life dies I. N. enters the Deane and Chapter which then were die and others are chosen action is accrued to the heire of the Deane by a formedon in the remainder but not of all Because he had but a moity only A man leaseth for life the remainder in taile the tenant for life alieneth in fee no formedon in remainder is accrued to him in the remainder Because tenant for life is yet living and during his life a formedon lyeth not Lord measne and tenant the measne graunts his menasltie for terme of life the remainder over in taile the remainder over in fee the tenant attornes the terr tenant brings a Writ of measne against the measne for terme of life and forejudges him the measne for life dyeth a formedon is not accrued to him in the remainder Because the tenant of the Lord paramount by the forejudger and all the remainders is but the same seigniory because that albeit forejudger doth not lie against tenant for terme of life nor against tenant in tayle nor a feme covert yet the judgement is not void but error and the action doth not lie untill judgement reversed and in remainder by equity of the Statute which speakes of reversions 9. R. 2. cap. 3. A man gives Land for terme of life the remainder in fee the tenant for life is disseised the Lord brings a Writ of Right the Lord disclaimes against the disseisor and recovers upon the disclaimer the tenant for terme of life dyeth the Lord enters action is accrued to him in the remainder by a formedon in remainder Because that he in the remainder is not bound A man gives in tayle to I. N. who leaseth for life and enters and dies without issue 60. yeares before Ascension 1546. the tenant for life dyes 26. yeares after he in the reversion may have a formed on in reverter post I. N. habit religionis assumpsit Because the Register warrants or formedon in discender and reverter but quaere of a remainder and the action doth not fall untill after the death of tenant for life and
the Stat. of 31. doth not make them capable which are expelled out of a house dissolved A woman sells her land to two by Indenture to have to one for terme of life and to another in tayle the remainder in fee and delivers the deed and after takes a husband and after he and the wife within the 6. moneths cause that to bee enrolled and acknowledge it to be the deed of the wife the tenant for life dies the husband holds possession a formedon in remainder is not accrued to him in the remainder By reason of the husbands interest A man seised of a rent grants that to another to him and his heires or to the heires of his body the remainder in fee provided that if the grantee die his heires females within age that the rent shall cease during their nonage the grauntee hath issue two daughters one within age and the other of full age and dyeth without issue male I. N. haps the rent action is accrued by a formedon in remainder to him in the reversion in fee Because one is of full age and therefore the rent shall not cease A man disseised of two Acres by the Bishop of L. and after releases to the Bishop and his successors the Bishop gives in tayle and dyeth the tenant in tayle dies without issue a formedon in reverteraccrues to the successor of the Bishop and not to his heire Because where he was a disseisor of the fee at the first to him and his heires the release enures to an entry and feoffement Land in Gavelkinde is given to one in tayle who take a wife and dies without issue the wife holds all in dowre by custome and dyeth xx yeares after the death of the husband I. N. enters he in the reversion brings a formedon in reverter 60. yeares after the death of the husband and after this Statute the action is well brought by this branch of the Statute Because the action is not accrued untill after the death of the wife and so is it taken within 40. yeares after her death A man of non sane memory made a feoffement in fee and after is made Bishop of R. the feoffeâ— enfeoffes the Bishop to him and his successors which gives in tayle the tenant in tayle dies without issue the Bishop dies a formedon in reverter is accrued to the heire of the Bishop and not to his successor Because by the refeoffement the Bishop was remitted for his entry was congeable A man gives in tayle the remainder in fee the Lord brings a restraint against the tenant in tayle and he appeares and leaseth and dies without issue a formedon in remainder shall not accrue to him in the remainder within the 50. yeares Because the Land is lost by iudgement by Statute Law of W. 2.21 A man leaseth for life the remainder in tayle to another the remainder in fee to the first Tenant by a Fine the Tenant for life dies and he in the remainder in tayle dies without issue I. N enters action is accrued by Scire facias within the 50. yeares to the heire of the tenant for life notwithstanding the seisin of his Father Because the fee was not executed 38. E. 3.21 A man leaseth for life upon condition that if the leasee hath issue in his life that the Land shall remaine over to W. N. it fee the leasor recovers against their leasee by a Writ of Waste and hath execution the leasee hath issue and dyethno action of formedon is accrued to W. N. Because the fee remaines in the leasor untill the tenant hath issue and then the recovery defeates the first Livery A man gives to husband and wife in speciall taile by Fine the wife dyes without issue the husband leaseth his estate to him in the reversion upon a condition and for the condition broken he re-enters and dyeth a stranger enters action is accrued to him in the reversion within the 50. yeares by Scire facias Because the execution of the estate is defeated by the entry by the condition and he in the reversion may well have an action 38. E. 3.19 A man leaseth for life the remainder in tayle to I. N. the tenant for life is disseised an ancestor collaterall of the Tenant in tayle releaseth with warranty and dyes without issue the tenant for life re-enters upon the disseisor and dyeth the disseisor re-enters a formedon in the remainder is not accrued to him in the remainder Because the entry of tenant for lifeshall not remaine the remainder which was bound by the discent of the collaterall warranty before the entry c. 44. E. 3. Lord and Tenant the Tenant dies without heire I. N. enters and leaseth to the Lord for terme of another mans life the reversion over in tayle cesty que vy dyeth a formedon in remainder is accrued to him in the remainder Because the Lord cannot be remitted because he had no right of entry but a title and he had disclosed his intent to the contrary A man levyeth a Fine of a Mannor for terme of life the remainder over in fee and after a tenant of the Mannor dyeth without heire the conusor enters in the Land and hath the Mannor the tenant for life dyeth he in the remainder shall have a Scire facias of the Mannor within the 50. yeares and recover the Land escheated against him which enters c. And here it shall be by the name of a Mannor because now this is parcell of the Mannor because it is come instead of the services yet if he enter in this parcell only it seemeth that a Scire facias will not lie of that A man demiseth Land to I. N. for life upon condition to be Chaplaine and to pray for the soule of the demisor the remainder to another in tayle the demisor dyeth I. N. taketh the profits by 6. yeares and is no priest the heire of the devisor enters I. N. dyeth a formedon in reversion is accrued to him in the remainder within the 50. yeares Because the entry by the condition which depends only upon one estate doth not defeat the remainder which was not tyed to the condition but contrary where there was no remainder Note the diversity A man leaseth to I. N. and E. his wife for life the remainder over in fee I. N. dyeth and it is enacted by Parliament that all estates made to the said I. N. shall be void and the wife 12. yeares after Act of Parliament dyeth he in the remainder 60. yeares after the Act may have a formedon in remainder by this branch of the Statute Because the estate of the wife nor the remainder are not void by the limit action not accruing untill after the death of the wife and it is brought within 48. yeares c. 5. H. 7.30 A man leaseth for life the remainder over in fee the tenant for life leeseth by erroneous judgement and dyeth and he in the reversion twelve yeares after the death of tenant for
life to him 52. years past by his deed c. judgement c. and this is a good bar and shall be tryed notwithstanding the Statute c. and this notwithstanding that it was in the life of the auncester and without answering to the dying seised Because the Writ and Declaration is but a supposall and the barre is matter in fait A fine is levyed of land which is ancient demeane and after I. H. brings a Writ of right close in the Court of ancient demeasne and recovers the land upon issue upon the seisin against the tenant in taile which dyeth his issue shall be bound by this tryall Because it is not void but voidable because it is impleadable there by a part right patent and it is but one writ brought for another An Assise the tenant saith that the great Grandfather of this plaintiffe infeoffed W.N. who infeoffed the tenant 32. yeares past iudgement c. this barre shall be tryed notwithstanding this Statute and notwithstanding that the Plaintiffe had dyed Because that this matter in fayt and the writ and plaint is but a supposall Cessavit supposing the tenure by fealty and two shillings rent the tenant said that J.M. whose estate the demaundant had in the signiory after the ancient limitation and before the Stat of Westm. 2. enfeoffed the prior of D. to hold in frankaliens to hold by all services by the deed which he shewed c. whose estate he had in the land to hold quite for all services judgement c. this is a good barre notwithstanding the seisin afterwards and shall be tried notwithstanding the Statute 31. E. 3. Fitz Cessavit 22. Avowry for suit of Court to every two Courts and at the third to goe free and alleaged seisin the Plaintiffe said that he and two others held joyntly 3. acres of land of the defendant by suit of Court Vnde c. 60. years past the defendant brought a Cessavit against them and he another after and the third made a default after default wherefore the defendant reiceived a third part had execution in severalty judgement c. this is a good baâ—… and it shall be tryed notwithstanding thatthis is out of the limitation Because the Lord cannot take the suit and be contrary to the suit Assise of lands in D. they are at issue upon the seisin the assisse finde for the Plaintiffe and thereby he recovereth the tenant dieth and his heire brings a precipe against the Plaintiffe in the assise of land in D. the Plaintiffe in the assise pleades the first recovery of the same lands in D. and averreth that all is one and the same land the demaundant shall not be bound by the first tryall 14. E. 3. p. 9. A man recovers in a precipe in the Common pleas land in the Cinque-ports upon issue upon the seisin the tenant dyeth his heire brings an action in the Cinque-ports of the same land he shall be bound by the first tryall 9. H. 7.12 In the County Palatine a Commission in Ayre issued and after another Commission in Ayre issued who repealed the first and I.N. recovered land upon issue upon the seisin before the first Commissioners the tenant dyes his heire shall be bound by this seisin in an action brought before the last Commissioners Because the first Commission is notdetermined before Proclamation or notice given to the first Commissioners 34. E. 3. p. 1. A man recovers in banco land which is in Lancaster upon issue upon the seisin the tenant which lost brought another action against the demandant at Lancaster he shall not be bound by the first triall 9. H. 7.12 Because it was coram non judice breve Rs. non currit A man leaseth for life a man brings a precipe quod red of Rent against the tenant for life by covin and recovers upon issue upon the seisin the tenant for life dyeth he in the reversion shall not be bound by this tryall Because a feint recovery shall bee avoyded by the Statute of 32. H. 8. and by this Statute the party and his heires shall be bound and he it the reversion is not heire A Cessavit by tenant in tayle they are at issue upon tryall of the seisin which is found for the tenant who hath judgement the demandant dyeth his issue shal not be barred by this tryall to make an avowry or to have another Cessavit afterwards Because this is none of the actions which is spoken of in the Statute and also the judgement is that hee shall be barred of the land and not of the seigniory and upon a new Cessavit the heire may averre a Cesser and the issue was upon a Cesser in the seignory and the Statute speakes of a seisin of the thing demaunded which is the land and not the seigniory Dowre they are at issue that the husband was never seised which is found against the demandant by which shee is barred her sonne and heire of her and her husband brings a Mortdancester against the same tenant he shall not be barred by the first tryall Because the first judgement was onely of Dowre and not of title and the heire claimes as heire and not as heire to the mother Lord mesne and tenant the tenant holds by fealty and sixpence and the mesne by homage fealty escuage andtwelve pence the measne makes an avowry upon the tenant for fealty sixpence and alleageth seisin of the fealty and rent in his father which is found and tried against him and iudgement given by this tryall the Lord may distraine the tenant and make avowry for homage fealty and 12 d. Because the Statute saith that by the tryall the measne and his heires shall be barred of all avowries and claimes therefore the menalty is gone and the tenant shall hold of the Lord which is his owne act as a Release Foreiudger and the like and claime extends to all interrests tamen quere because it seemeth that hee shall not be barred but onely in the action in which the tryall is Lord and tenant the Lord avoweth the Plaintiffe traverseth the seisin which is found for him and he hath iudgement and recovers dammages the Lord cannot bring a precipe quod reddat of the same rent against the Plaintiffe Because the Statute saith that that shall be a barre of all avowries andclaimes after yet it seemeth that the the law is contrary and that he shall be barred onely in his action Juris utrum passeth against the person upon the tryall of a seisin his successor shall be barred by this tryall Because within the equity of the Statute The seventh Lecture What Infants Feme Coverts and the like shall have actions and shall be aided by this Statute c. TWo joyntenants have cause of a Writ of entry upon the ancient limitation tempore statuti whereas one was imprisoned tempore statuti and after he which was imprisoned dieth the other shall not have an action within sixe moneths upon
the ancient limitation notwithstanding this Statute Because the ancient limitation was expired at Ascention 1546. and he which survived was not imprisoned and he is not heire to the other and so not aided Two parceners of which one was a seme Covert before the Statute had cause of action of two acres of land upon the ancient limitation tempore statuti hee which was not covert dyeth without issue the other shall not have an action upon the ancient limitation within the sixe yeares to recover the two acres Because she was to have but a moity and the other moity was bound in her sister by her larches because she and her heirs were bound by reason that she was not covert A man which had cause of action upon the ancient limitation had issue two sons and dyeth before the statute the eldest is professed in France at the time of the statute and the youngest is within age at the time of the Statute and after the eldest is deraigned and cometh backe out of France there the yongest which commeth at full age nor the eldest shall not have an action with the sixe yeares upon the ancient limitation Because the Statute doth not provide for those which were beyond sea unlesse they had cause of action at thetime of the Statute and a man in Religion had not cause of action at the time of the Statute and the youngest cannot have it because yet he is not heire A feme covert had cause of action upon the ancient limitation at the time of the Statute and after is divorced after Ascention 1546. and doth not commence action within the six yeares but the husband brings an Appeale within the six yeares which depends 18. yeares and afterwards the divorce is Repealed the husband dyeth the wife shall have an action upon the ancient limitation within other six yeares Because while the Appeale is depending the Espousals shall not be determined A man imprisoned at the time of the Statute had cause of action upon the ancient limitation and after Ascention 1546. he goeth at large and going to West for to purchase his Writ is freshly arrested and imprisoned by 7. yeares and afterwards is inlarged he shall not have an action upon the ancient limitat within the 6. years after his enlargement Because the 6. yeares shall be accompted from his first enlargement A feme covert at the time of the Statute had cause of action upon the ancient limitation and after Ascention 1546. after her a divorce is had and the husband brings an Appeale which continued 8. yeares and is nonsuted in his Appeale the wife shall have an action upon the ancient limitation within the six yeares after the nonsute Because that depending the Appeale it is taken in the spirituall Law that the Espousals are not discharged A Daughter within age at the time of the Statute had cause of action Auncestral to 4. Acres of Land upon the ancient limitation and within one moneth after the Parliament another Daughter is borne they shall not recover the foure Acres by an action after taken within the six yeares upon the ancient limitation notwithstanding this proviso of the Stat. A man of non sane memory at the time of the Statute or an Ideot had cause of action Tempore Statuti and dyeth after Ascention 1546. his heire shall never have an action Because he is not aided by the Statute and the ancient limitation is expired A man which had cause of action upon the ancient limitation at the time of the Statute is excommunicated and brought his action before Ascention 1546. is disabled by the excomunication and after Ascention 1546. is absolved he shall well have his action upon the ancient limitation Because the ancient Writ shall serve him because that shall not abate but shall delay the plea and shall be revived by Resummons and it was taken before Ascention c. and therefore well A man which was an infant at the time of the Statute and then having cause of action upon the ancient limitation brought his action upon the ancient limitation after Ascention 1546. and within the six yeares and is nonsuited or his Writ abateth by the plea of the tenant and he brings another action within the sixe yeares he may declare upon the antient limitation Because the Statute warrants all thatwhich is within the sixe yeares A feme Covert at the time of the Statute had cause of action Auncestrall upon the auncient limitation and after Ascention 1546. she and her husband brought an action upon the auncient limitation within a yeere then following c. they shall not have an action notwithstanding this proviso of the Statute Because the wife is aided within the sixe yeares after discontinuance but not the husband and wife after Ascention 1546. the coverture containing because the ancient limitation is expired A daughter within age at the time of the Statute had cause of a Writ of Ayle and after a son is borne and enters and dyeth without issue the first Abator continueth his seisin the daughter shall not have an action against the Abator upon the Auncient limitation within the sixe yeares c. Because by the entry of the son the ancient action is determined she may have an action upon the new limitation as heire to the sonne A man which had cause of action uponthe ancient limitation at the time of the Statute dies within two dayes after the Statute his heire within age who comes to full age after Ascension 1546 he shall not have an action upon the ancient limitation within the 6. yeares Because his father was not an Infant nor imprisoned nor beyond sea at the time of the Statute and so he is not ayded A man which was beyond sea at the time of the making of the Statute had cause of action upon the ancient limitation and makes an Atturnie after Ascension 1546. who brought an action in the name of his Master upon the ancient limitation in absence of his Master the action doth not lie upon the ancient limitation Because it is not given but within six yeares after his returne and not after Ascension c. and in his absence and now the ancient limitation is expired A man which had cause of action upon the ancient limitation at the time to the Statute dyeth the next day after the Statute his daughter and heire beingfeme covert the husband dies after Ascension 1546. she shall not have an action within the 6. yeares upon the ancient limitation Because she had not cause of action at the time of the Statute and her father was neither an infant imprisoned nor beyond the sea at the time of the Statute and so he is not aided A man which had cause of action upon the ancient limitation at the time of the Statute dyeth one day after the Statute his son beyond sea who returnes after Ascension 1546. the said son shall not have an action within the sixe yeares upon the
ancient limitation Because he had not cause of action at the time of the Statute and his father was not priviledged as an infant and the like at the time c. Deane and Chapter have cause of action upon the ancient limitation at the time of the Statute the Deane within age at the time c. The Deane and Chapter after Ascension 1546. shall not have an action within the sixe yeares upon the ancient limitation Because Infancy shall not serve in his capacity An Infant which had cause of action upon the Auncient limitation takes a lease for three yeares which continueth tempore statuti he within age and after Ascention 1546. he comes to full age the terme expires hee shall not have an action upon t he Auncient limitation within the six yeares Because he had not cause of action at the time of the statute for it was not suspended A woman is disseised of a Rent charge 40. yeeres before the Statute by the Tenant of the land the tenant makes a lease of the land to the woman for yeares she takes a husband the Statute is made and after the terme expires and the husband dyes after Ascention 1546. she shall not have an action upon the Auncient limitation within the six yeares Because it was suspended at the time of the Statute and therefore no cause of action at the time c. Baron and feme have cause of action to xx acres of land in the wives right upon the Auncient limitation the husbandis imprisoned at the time of the Statute the husband and wife shall not have an action within the six yeares upon the ancient limitation Because the wife by whom the action accrueth was not imprisoned at the time and she by the coverture is not ayded by the Statute during the life of her husband For the Statute speakes of six yeares after discoverture and the husband and wife are not one person as to this purpose because she shall not joyne in an action for the imprisonment of her husband Lord and Tenant by homage fealty and Rent the Tenant leaseth the land to one for terme of life the remainder to I. N. in fee the Lord is desseised of the Rent by Tenant for life 31. yeares before the Statute he in the remainder dyeth without heir eand the Lord is beyond seas at the time of the Statute he shall not have an action of the Rent after Ascention 1546. within the six yeares upon the Auncient limitation Because the seigniory was extinct by the excheat of the remainder temporestatuti and the seigniorie was in him for a disseisin of the Rent is not a disseisin of the service and so no cause of action tempore statuti Lord and Tenant the tenant defeceth the Lord of his rents and services 32. yeares before the Statute and after enfeoffeth the Lord and I.N. of the Land and maketh livery to I.N. and the Lord is imprisoned tempore statuti who commeth at large after Ascension 1546. hee shall have an action upon the ancient limitation within the fixe yeares Because the Livery was not made to the Lord and the user of the action is a disclaimer Two parceners which are within age at the time of the Statute have cause of action auncestral upon the ancient limitation one comes at full age within a moneth after Ascension 1546. and the other comes at full age 8. yeares after c. they may bring their action upon the ancient limitation within 6. years after the full age of the yongest notwithstanding that it be x. yeares after the full age of the eldest Because that they are but one heire and the age of the one shall stay the parcell for the other A daughter within age at the time of the Statute had cause of an Aff. of Mortdancester upon the ancient limitation as heire of her father and after Ascension 1546. a son is born and after he dyeth without issue the daughter shall not have in action upon the ancient limitation within the 6. yeares Because her action was once extinguished by the birth of the son A Parson of a Church had cause of an Assise tempore statuti of a disseisin 32. yeares before c. and is imprisoned at the time of the Statute and is deposed and another put in and afterwards the new Parson is deposed and the first is inducted Parson againe he shall not have an Assise upon the ancient limitation within the sixe yeares Because that albeit that an Assise may revive as in case where a discent is had and after the Land discends to the disseisor c. and outlawry and the like c. yet that is upon the ancient title which remaines in the plaintife but in this case the title was gone by the deprivation and he is now Parson by the new presentation and so a new title and his first charge lease and graunt are determined Alienee purchaseth land and is disseised 33. yeares before the Statute and is beyond the sea at the time of the Statute and after the King makes him denizen and he commeth backe he shall not have an Assise upon the ancient limitation within the sixe yeares by this proviso of the Statute Because he had not cause of an Assise at the time c. for that he was an Alien and an Alien borne is not to enjoy an action as a subject A man takes his Neife to wife I. N. enfeoffeth the husband and wife in fee the husband dieth the wife enters and is ousted by the heire of her husband who is desseised by I.S. 3. yeares before the Statute and the woman and the heire of the husband are beyond sea at the time of the Statute the heire shall have an action upon the ancient limitation within the sixe yeares and not the wife Because it is no enfranchisement by Nat. brev. for the wife shall not have dowre in that case and therefore the heire may enter in the land purchased by his villaine and so the action to him The eighth Lecture What causes are sufficient causes of action vested in in such persons at the time of the Statute to have an action upon the Auncient limitation within the sixe yeares and to take advantage of the sixe yeares and which not IF the King gives land of the suppression of 27. H. 8. to I. S. in fee which was holden by the Abbey of D. of I. S. by fealty and xx s Rent I. N. distraines for the Rent I.S. makes a rescous 32. years passe the Statute commeth I.N. beyond Sea he had cause of action for the Rent by this branch of the Statute to have advantage of the sixe yeares Because the act reserves Rents and services to strangers but otherwise it is where the King is entituled by double matter of record as for forfeits for treason and office found orby office found for not doing of their duty for in those cases if the act of Parliament give that to the King saving titles of estrangers as
if no such act had been made that would not serve because if no such act had been the seisin of the King by matter of Record extinguisheth all seigniories but the words of the act of the 1. suppression are saving to all estrangers their titles as if the Abbe had been living not a diver si tat A man is attainted of Treason by Act of Parliament and after the heire is restored in as high a manner as if no such attainder had been the Lord distraines for his Rent and rescous is made 32. yeares past the statute comes the Lord is imprisoned he had good cause of action for the Rent to have advantage of the 6. yeares Because all is revived as in the case of a condition c. A man holds of his sonne by 3. s. and dieth the sonne enters by which the seigniory is extinct and endoweth his mother of the third part of the land the Statute commeth the sonne beyondSea he hath cause of action of the third part of the Rent within the 6. yeares upon the ancient limitation if he be debtor 34. E. 3.15 that the wife is in by the husband and the seigniory was determined by the act of the Law and not by the act of the Lord as a purchase therefore she shall be attendant for the third part of the Rent What causes of action shall serve those which were infants and covert and the like tempore statuti what not A man gives land in tayle reserving Rent dieth his wife is endowed of the Rent the tenant in taile dieth without issue the heire of the dower enters and defeceth the wife of the Rent 52. years before the Statute and she is beyond sea at the time of the Statute she hath not cause of action upon the ancient limitation to use it within the sixe yeeres c. 10. E. 3. A woman seised of certain land takes a husband and after the husband enters in religion the wife aliens in fee after the husband is dereigned before the stat of desolutions enters is ousted by thealience 52. yeares before this Statute of limitations and is imprisoned at the time of the Statute he had good cause of action to use within sixe yeares upon the Auncient limitation 33. E. 3. Tit. entre A man seised in fee takes a wife the Lord of the land grants the seigniory to the wife and her husband in fee and the husband dies she accepts homage of the Tenant 52. yeares before the Statute and is beyond Sea at the time of the Statute she had not cause to have a writ of dowre upon the Land within the sixe yeares upon the Anncient limitation Because she had accepted the seigniory she shall not have both 11. E. 3. Land is given by Fine to one for life the remainder to one which was baptized by the name of John in fee and after hee in the remainder is confirmed by the name of William the Tenant for life dyeth an estranger enters 52. yeeres before the Statute hee in the remainder is imprisoned at the time of the statute this is not sufficient cause of action to have a Scire facias within the sixe yeares upon the auncient limitation 12. R. 2. contrary upon a purchase executed A mardeaseth for life and Tenant for life leaseth for anothers life upon condition enters for the condition broken he in the reversion enters 32. yeares before this statute the Tenant for life imprisoned tempore statuti he had not cause of action to enjoy the auncient limitation within the six yeares Because a forfeiture shall not revive A man who was beyond Sea at the time of the statute and had cause of action c. comes to dowre and incontinent the King sends him backe to warre in France who continueth there seven yeares in a fortresse and commeth back he shall not have his action within the six yeares nor otherwise A man seised in right of his wife aliens Mortmaine the Lord enters the husband dyeth 52. yeares before this statute the wife is beyond sea tempore statuti c. the wife had good cause of action to recover the Land within the six yeares of his returne upon the auncient limitation The Lord disseiseth his Tenant and makes a feoffment in fee upon condition and re-enters for the condition broken the Tenant enters upon him and rescoussetha distresse 30. yeares before this Statute the Lord is imprisoned at the time of the Statute he had not cause of action nor to avow for the Rent nor seigniory upon the antient limitation within the sixe yeares of his enlargement Because the Rent and seigniory were extinct before and cannot be revived by the condition An Alience hath issue a sonne and is made denizen and purchazeth Land and hath issue another sonne and dieth the youngest sonne entreth the eldest doth oust him 32. yeares before this Statute the youngest is imprisoned at the time of the Statute he hath good cause of action to use it within sixe yeares upon the ancient limitation Because he was not inheritable before his father was Denizen as the son of a villaine borne after the enfranchisment is free but contrary of him which was borne before c. Grandfather and son the Grandfather dies seised I. H. abates the son disseiseth him the father dies 33. yeares before this Statute I. H. hath not cause of action to use it within 6. yeares upon the ancient limitation Because the discent of the right of the Father to the sonne doth remit him A man leaseth land for life the tenant for life is disseised an ancester collaterall of the tenant for life releaseth with warrantty and dieth without issue 32. yeares past the Statute is made the tenant for life beyond the sea he had not cause of action to enjoy the sixe yeares by this branch of the Statute 15. H. 7. Tenant in tayle discontinueth and retaketh in fee and grants a Rent charge and makes a feoffment upon condition the grantee is defeced of the Rent the tenant in taile had issue and dieth the heire enters for the condition broken the grantee is imprisoned c. hee had good cause of action for the Rent by this branch c. Because the heire is not remitted for that that he entred at full age contrary of such an entry for a condition within age 8. H. 7. Grandfather Father and Son the grandfather is seised of certaine land with common appurtenance and is disseised of the Common brings an asseise and is non-suited enfeoffeth the father of the land with the appurt dieth the father dieth52 yeares before this statute the sonne within age at the time of the Statute no cause of action is to the sonne to have an action within the six yeares 4. E. 3. A man made a feoffment in fee to a woman upon condition that if he marry her that it shall be lawful to him to enter and he marrieth him and
thedemandant dieth within 6. yeeres this is a good determination so that the heire shall have an Action of that within other 6 yeeres Because he shall not have a Cessavit of a Cesser in his fathers time A Woman which was covert at the time of the Statute brings a Precipe in banco upon the antient limitation after Ascention c. and within sixe yeers of land in the County Palatine of Durham the tenant pleads a barre the demandant demurres and is barred by iudgement and dieth within the 6. yeeres this is no determination to oust the heir of an action within other 6. yeeres Because this is a void iudgement and coram non iudice contrary in the Cinque Ports and auntient dem The husband discontinueth the right of his wife and dies the Feoffee ceaseth the lord records by a Cessav the wife beyond sea at the time of the Statute the wife dies within the 6. yeeres this iudgement is no determination against the heir but that he may have another action within another 6. yeeres Because his title is before the Cesser for albeit the Recovery in the Cessavit against the husband and wife shall binde yet otherwise it is when the wife is not party A Precipe by a man which was beyond sea at the time of the Statute brought within the 6. yeers the Bailiffes of D. demand conusance and ousted of it by reason of failee of right and they demand cognisance againe and traverse the failer of right and the Demandant also and the Tenant joyneth in issue to the Bailifes and the issue is found against the Bailiffes by which judgement is given the demand dieth this judgement is a determination to the heir so that hee need not have another action within other 6. yeeres Because the tenant had lost the land and the heir may enter if he will The tenth Lecture Of Determinations in fait What matters and what things shall be said good Determinations of Titles and Rights of Infants Fem. Coverts and the like at the time of the statute so that if they die within the 6. yeers their heires shall not have advantage of another sixe yeeres IN had cause of Action upon the antient limitation against a villain and is beyond sea tempore statuti and returneth An auncester collateral of I. N. releaseth to the villain with warranty the Lord of the villain enters the auncester collaterall dies without issue J. N. dieth within the 6. yeeres this is no Determinationto hinder the heire I. N. to have an action within another 6. yeeres Because the warranty is not descended upon the possession of him to whom it was made 22. Ass He which was an Infant tempore statuti and had cause of action to a Rent-charge upon the antient limitation out of Ten acres of land enters into one acre at full age and enfeoffeth an estrainger and dieth within the 6. yeeres the Tenant reenters the interest of the heir is gone to have an action within the other 6. yeeres Because a discharge of one acre by a tertious entrie is a discharge of all as by a purchase of one acre because there cannot be an apportionment and notwithstanding that he would enter as heir yet if the disseisee would would not re-enter upon him the rent shall not revive A man which was an infant tempore statuti had cause of action upon the antient limitation for common out of twenty acres of land the tenant of the soyle enfeoffeth the infant of the land unde c upon condition the infant enfeoffeth astranger and dieth within the 6. yeeres the feoffer enters for the condition broken the title of the heir is not determined Because of the infancy at the time of the feoffment and the regresse of the feoffer revives all He which was an Infant at the time of the Statute had cause of action upon the antient limitation to a Rent charge the tenant of the soile deviseth the land to the infant for to sell according to the custome c. the infant comes of full age and sells and dieth within the 6. yeeres the title of the Rent is not determined but that his heir shall have remedy within another 6. yeeres Because the land out of which the Rent was issuing passed by the will of the devisor and not by the infant which sold Lord and tenant of 4. acres by foure pence Rent the Lord is disseised of the Rent by the tenant 33. yeeres before the Statute he being imprisoned at the time of the Statute and afterwards releaseth to the tenant all his right in one of the acres and had issue and diethwithin 6. yeeres the interest of the heir in the rent is not determined to have an action within the other 6. yeeres Because it is but for part as a purchase of one acre c. Lord and tenant the tenant is disseised 60. yeeres past and is beyond sea at the time of the Statute and returnes and is utlawed of felony by erroneous processe and dieth within the 6. yeeres the Lord enters the heir reverseth the utlary by error this action nor title to the land is not determined to have remedie within 6. other yeeres Because the reversing of the utlary ab initio reverseth the title of the land A man which was imprisoned at the the of the Statute had cause of a formedon upon the antient limitation upon an alienation with warranty and dieth within the 6. yeeres and had assetts descended which assetts was impaired by drowning in the time of the ancestor the title of the heir is not determined to have an action within the other 6. yeeres Because it is not asserts the day of the writ purchased 4 E. 3. contr. by Thiop A man which had title of action upon the antient limitation hath issue two sons and dieth the eldest in religion before the Statute of 31. H. 8. the youngest brings an action for the land and leeseth by false verdict the eldest is derained and he and the youngest are imprisoned at the time of the Statute and the youngest dieth within the 6. yeeres the title of the eldest is determined to have an action or an entry within other 6. yeers Because the youngest was barred as heir and none may have an attaint but the heir of the youngest and the verdict bindes the title A man makes a feoffment in fee upon condition the feoffee is disseised and imprisoned tempore statuti the feoffer had issue a daughter and dieth his wife privement enseint the daughter enters for the condition broken the feoffee dieth within the 6. yeeres and a son is borne of the wife of the feoffer the heir of the feoffee nor the son shall not have remedy within the other 6. yeeres Because this is as a purchase to the daughter tempore statuti A man seised of two acres of land intwo villages in one County is disseised by another that is to say of one acre at one time and of another acre at another
action personall Attaint lyeth contrary in an action reall Fitz. tit. Attaint 41 N. 77. In a Cessavit upon this new limitation brought by the Bishop of L. the tenant pleads overt to his distress the Jury is charged therewith and with the collusion and the overture found against the tenant which is true and as to the collusions that he had ceased by collusion which is false the demandant had judgement and enters the Lord Parramont enters upon him for the Mortmayn the demandant shall not have an Attaint of the collusion Because that the enquiry of the collusion was but of office and also it seemeth that the judgement is erroneous by reason of the collusion c. and therefore may have errour tamen videtur that notwithstanding that the judgement be erroneous yet if the verdict be false attaint lyeth because the other cannot compell the party to bring a Writ of errour 18. E. 4.9 but it seemeth otherwise if the Court be deceived in judgement A Mordancester upon the new limitation the tenant said that he himself is Heir to the Ancestor and not the Demandant and so at issue And upon that the Tenant gives in evidence to the Iury that he was Heir by the second wife of the same Ancestor because that the first wife by which the demandant is Heir was divorced the Iury found the demandant heir notwithstanding the divorce the Tenant shall not have an Attaint Because they are not bound to finde the divorce for it is a spirituall Record Certain Observations out of Law-Books in Print upon this Statute THE first four branches of the Statute use the word seisin indefinitely and therefore if the Statute had not gone farther the word seisin should have been construed Secundum subjectam materiam viz. sometimes for actual seisin and sometimes for seisin in Law And therefore as to a writ of right mordancestor Ayle Assise c. it shall be intended of an actuall seisin and not of a seisin in Law so that the threefirst branches are to be intended of an actuall seisin And the fourth branch concerning Avowries extends to seisins in law as well as to seisins in fayt or actual seisins But the words upon which farther doubt may arise are contained in the 6. branch of the said Statute in these words viz. If any person or persons do at any time sue any of the said actions c. or make any avowry c. and cannot prove that some of his ancestors or predecessors were in actuall possession or seison of the said lands tenements c. within the time limited c. if that be traversed or denied by the plantiffe demandant c. that after such triall the party and his heirs shall be barred to all such Writs actions c. Upon which said words it was objected that whereas at the Common Law before this Statute a seisin in Law was sufficient for avowries yet now by the express words there must be an actual seisin for that the words actual possession or seisin excludes a seisin in law and the rather for thatan actuall seisin is the sure badge of right But it was resolved that a seisin in law was sufficient for an avowry within the intention of this Act For the intention of the Act was only to limit a time within which seisin ought to be had and not to exclude any seisin which was a good seisin at the Common Law as appeareth by the preamble of the Statute neither did the former Statutes of limitations of Westminster 1. cap. 38. or of W. 2. cap. 2 46. exclude a seisin in Law or any seisin which was a sufficient seisin at the common Law Also whereas the three first branches extend to actuall seisin only and the 4. branch extends as well to a seisin law as to an actuall seisin And the sixth Article speaks by words dis-junctive of actuall possession or seisin makes a distinction betwixt actuall possession which referres to the three first branches and seisin which referreth to the fourth branch for that the words subsequent are in manner and forme aforesaid It was also resolved that this Statutedoth not extend to such rent or service which by common possibility cannot happen or become due within 60 years As a signiory consisting upon homage and fealty only for that the tenant may live above 60 years after that they were made and so of casuall services as to go to war with the Lord and the like of a Formedon in discender for that the tenant in taile may live 60 years after discontinuance and albeit that the tenant in taile do dye so that the issue may bring his Formedon within the time c. yet that altreth not the case but that the issue may bring his Formedon in discender at any time as it was adjudged in Fitz Williams case Dy. 278 and the same law is of homage and fealty and all other accidentall services or where there was an impossibility to have seisin within the limitation And in this case of Bevill it was agreed f. 11. a. that a Writ Esolvert Cessavit or Rescous are not within this statute for that in those Writs the seisin as not traversable but the tenure and by those VVrits theland is demanded and the demandant cannot alleadge any seisin c. for he commeth to them in the post And the statute extendeth only to such writs where a seisin may be alleadged and 21 H. 6.22 that seisin shall not be alleadged in those writs for that the land is demanded by reason of the signiory and not by reason of seisin of the land and accordingly it is resolved Dy. 11. Eliz. 278. If a man had been out of possession of land by 60 years yet if his entry be not taken away he may enter and bring any action of his own possession because the first clause doth not barr any right but prohibits that no person shall sue or maintain any writ of right or make any prescription c of the possession of his ancestor or predecessor but only of the seisin of some of his ancestors within 60 years which doth not inhibit but that if his entry be lawfull and he doth enter he may have an action of his own possession And note that the 1. 2. clauses of the statute extend only to seisin Ancestrall and not to a writ of right of his own seisin And the third branch extends only to actions of his own possession and not to entries The fourth to Avowries c. And forasmuch as the services of homage fealty are not within this statute and that the seisin of rent or other annuall service is a seisin of homage and that likewise a seisin of homage or fealty is a seisin of all services annuall or not annuall that therefoee when the tenant hath done homage or fealty that shall be a seisin of all other services as to Avowrie which of right ought to be made notwithstanding that the Lord or