she may and after the Son is born he cannot enter upon the Daughter and be Heire and Tenant to the Lord Plowd Com. f. 56. 5. Ed. 4. f. 6. By Tearmes of the Law thirty and Wilby if a man Tenant seised of Land in Fee dies seised his Wife privily being with Child with a Son and another man marryes her and after the Son is born he shall be adiudged the Son of the second Husband and not of the first Husband and shall be Tenant to the Lord of the Land of the second Husband and Berrey Justice said that the Infant might choose which he would for his Father 21 Ed. 3. f. 39. Otherwise it is if she had been great with Childe If a Woman be with Child by her Husband Tenant or by another it shall not be tryed but if she be with Child at the time of the death of her Husband or not shall be in Issue for by 1 H. 6. f. 3. If the Wife of J.S. go away with an Adulterer and hath Issue if J.S. her Husband be within the foure Seas the Issue is Heire of J.S. for by whom the Woman is with Child it cannot be tried and for that it shall be intended by J.S. 41 Ed. 3. f. 11. and 7. H. 4. f. 9. the same If a man marry a Wife which is great with Child by another man and within three daies after Marriage she is delivered and the Husband dies the Issue is lawfull and Heire and Tenant to the Lord and no Bastard 18. E. 4. f. 30. a. 24 H. 8. Br. Title Bastardy 44. it was said if a man marry his Cozen within the degrees of Marryage and have Issue and are divorced in their lives and by that the Marriage is avoided and the Issue is Bastard contrary if one dye before the Divorce 21 H. 7. f. 41. If a Deacon takes a Wife and hath Issue this Issue is no Bastard otherwise it is of a Marriage between a Fryer and a Nunn if they have Issue 11 H. 4. fol. 76. Sayd by our Law if one marry his Cozen their Issue is no Bastard till they are divorced but shall take by Discent 42 Ed. 3. fol. 11. If a man marry a Wife and living that VVife marry another and hath Issue by the second this Issue is a Bastard notwithstanding that the first VVife after dies and shall not take by Discent For that that in the same second Article of Charge it is inquired if any Tenant of the Lord be dead who is Heire and Tenant to the Lord let us now see where the halfe blood is impediment and where not TEnant gives Land to the Father for life remainder to Rich. his Son in taile The remainder to the right Heire of the Father the Father dies Rich. enters and dies without Issue of his Body his Brother of the halfe blood shal have the Land and not the Uncle of Rich. and shall be Tenant and the halfe blood is no impediment 39 E. 3. tit 5. A man Tenant had Issue by two severall Bellyes and dies the eldest Son enters and endowes his Mother the Heire dies without Issue the Tenant in Dower dies the youngest Son of the halfe blood shall inherit it and shall be Tenant 7 H. 5. f. 2. 58. Assises 6. accordingly Father seised of an Advowson in grosse hath a Son and Daughter by one Belly and a Son by another and dies and the eldest dies before presentment the youngest Son shall be Heir and the half blood is no impediment 3 H. 7. f. 5. Fitzh f. 36. O. If the Father Tenant hath a Son and a Daughter by one Belly and a Son by another and lets to one for life and dies and the Reversion is discended to his eldest Son which dies before the Tenant for life this is no possession that the Daughter shall have the Land but the Son of the halfe blood shall be Tenant to the Lord but if reversion of tearm of yeares were in the eldest Son which dies before the Tearm ended the Daughter shall have the Land and shall be Tenant to the Lord and not the Son for halfe blood is impediment 5 Ed. 4. f. 9. But in the case next before where there is a Rent reserved upon the Estate for life by the Father and the eldest hath the reversion and Rent and dies the Daughter there shall inherit and the halfe blood is an impediment to the Son to be Heire and Tenent yet if the Father dies and the eldest Son dies before payment of Rent there it is otherwise 35 Book of Ass 2. If a man Tenant hath Issue two Daughters by severall Bellies and dies and they enter and make division betwixt them if one dye without Heire generall or speciall her part shall escheate to the Lord and not discend to the Sister of the halfe blood but if that Sister hath an Uncle it ought to discend to him and if he enter and dies without Issue it shall discend to the Sister of the halfe blood see Littleton fol. 3. Natura brevium fol. 10. If a man Tenant hath three Daughters by on Belly and a Daughter by another and dies and the foure Daughters enter and two of them by the first Belly dye now the third of the whole blood shall have three parts and shall be Tenant of that to the Lord 10 Ed. 3. Tit. 13. and 10 Ass 27. accordingly Note that the possession of a Brother to make the Sister inheritor and not the Son of the halfe blood is only of fee and not of fee taile 32 Ed. 3. Tit. 8.37 Book of Ass 15. accordingly If the Donee in taile have a Son and a Daughter by one Belly and a Son by another and dies and the Son of the first Belly enter and dies seised without Issue the Son of the second Belly shall be Heire and Tenant to the Donor and not 〈◊〉 the Daughter Natura brevium fol. 147. If a man hath a Son and a Daughter by one Belly and a Daughter by another and Lands are given to the Father for life the remainder to the Son in taile the remainder to the right Heires of the Father the Father dies and the Son enters and dies without Issue the two Daughters shall be Heires and Tenants to the Lord for the Son was not actually seised of the Fee 5 Ed. 1. Tit 14.32 Ed. 3. Tit. 9.24 Ed. 3. fol. 24. and 37. Book of Ass 4. accordingly The possession of the Brother of Lands held by Knights service there the possession of the Guardian if the Son dyes in Ward is possession of the heire to make the Sister inherite and to be Tenant to the Lord and not the Son of the halfe blood 8 Ed. 3. tit 12. and 8 Booke of Ass 6. accordingly Lands discends to two Coparceners which are by severall bellies and one dye before entry into the Land the other shall have Mortdancester as heire of her Father of the whole Land for that that the other was never seised 34
to pay his Rent it is no forfeiture The same Law is if he be much in Debt and in feare to be arrested or if one be bankrupt and keep his House and doth not come to the Lords Court but makes divers defaults these are no forfeitures of their copy-holds But if he deny to come to the Court of the Lord this is a forfeiture of his copy-hold But if the Lord claime a Fine custome or services which is in doubt whether due or not and the Tenants pray the Lord that the Homagers may inquire if it be due or not and saith if it be found by the Homagers upon their Oath that they are due or if there can be Presidents shewed that it is due he will pay it this is no forfeiture of his copy-hold If twelve are assembled against the form of this Statute then if any copy-holder being a Yeoman Handy-crafts-man Artificer Husbandman or Laborer and being of the age of eighteen yeares or more and under forty years not Impotent Lame Maimed nor having reasonable excuse and being required to serve the Queen for any the causes in the Statute and refuses he shall forfeit his copy-hold during his life 1 Marie chap. 12. If a copy-holder in Court-Baron will say to his Lord that he extorts and exacts Fines and Services not due or such unreverent words of his Lord and they be false that is finable but no forfeiture But if he deny to be Tenant to the Lord and to be a Juror of the Homage it is a forfeiture but if a copy-holder indict his Lord or gives in evidence in an action against his Lord or arrest him or commence a Suite against his Lord in any Court of the Queens these are not finable nor no forfeiture If Tenant in taile be of a copy-hold the remainder over in Fee if the Tenant in taile be attaint of Felony it seems that the Issue in taile shall have the Land and not the Lord. If a copy-holder make a Feoffment of his copy-hold and the Feoffee dies seised and his Heires levy a Fine of that and five yeares passe the Lord is barred to seise the Land by forfeiture as it seems Some Copy-holder by the custome may make waste and is no Forfeiture and waste by some Copy-holder is Forfeiture LOpping of Trees by a copy-holder is no forfeiture but a copy-holder cannot lop Trees and burn that in the house upon other Land or Mannor nor sell the lops unlesse by the custome he may make wast If a Guardian in Socage of a copy-hold make waste the Infant shall not forfeit his copy-hold but only the Interest of the Wardship but inquire If Lessee for yeares of a Copy-hold make wast and inquire when he is Lessee for yeares by surrender and when he is Lessee by the license of the Lord it is said it is a forfeiture but during the Tearm J. S. Seised in fee of an Acre in D. by Charter and of another by copy and make a Feoffment and Livery in the Acre by Charter in name of them both it is no forfeiture of the Acre by copy but if he make Livery in the Acre by copy in name of both the Acre by Charter passes and it is forfeiture of the Acre by copy If a copy-holder suffer a common recovery against him at the common Law and after surrenders to the use of another which is admitted and after one or two admittances passe upon surrender yet after when the Lords takes notice of the forfeiture he may well seise it for that forfeiture for that that the copy-hold was destroyed by the forfeiture But otherwise it seems if the forfeiture do not destroy the Copy-hold as if he make wast or break any custome the Lord is barred by this admittance as it seems If a copy-holder levy a Fine and five yeares passe after Proclamation this seems barres the copy-holder and his Heires but it seems doth not barr the Lord but if a copy-holder make a Feoffment and Livery of his copy-hold and after levy a Fine and six yeares passe now the Lord is barred If two Joynt Tenants by copy are and one makes wast in all the Land yet he shall forfeit but one part If the Heire of a copy-holder having notice of the death of his Ancestor do not claime within the yeare and day after the death of the Ancestor and Proclamation made he shall loose it for ever but otherwise it is if he be beyond Sea or within age or a Woman having a Husband it seems she shall not loose by not claiming Tenant for life of a Mannor is and copy-holder of that commits wast and the Tenant for life dyes he in remainder may seise the Land for this wast for that it is a forfeiture which runs with the Land See before forfeiture touched in the Title of copy-holder Formedon In so much that plaints are sued in nature of Formedon for Copy-holds something shall be said touching Formedon and first let us see where a Formedon lies and where not and for that that there are three manner of Formedons that is Formed on in Discender Remainder and Reverter in Fitzh Nat. Brevium and there declared how everyone lieth much shall not be said but what is in Fitzher Natura brevium touching the lying of a Formedon FOrmedon in Discender lieth where the Donee in taile or free Marriage aliens that Land so given in taile or is disseised and dies his Heire shall have a Formedon in Discender to recover these Lands so given in taile Fitzh f. 211. A. Where Tenant in taile aliens or is disseised or if recovery be against him by default after default and hee dies his heire shall have a Formedon for the heire shall not have other recovery of the possession of his Ancestor then by Formedon but if he be outed of his own possession as if he be seised and be put out he shall have Assise Natura brevium fol. 145. Formedon lies by the heire of a gift made before the Statute of Westm 2. Where the Donee after the Statute aliens and dies and yet the Statute is to gifts before made it shall not be extended 12 H. 4. f. 9. Where there is a Tenant in Dower or by the curtesie the reversion to another in taile if one intrude after the death of the Tenant in Dower or by the curtesie he in reversion shall not have Intrusion but Formedon Fitzh 204. D. Woman Tenant in taile takes a Husband which aliens and after they are divorced and after the Wife dies the heire of the Wife shall not have A cui in vita but a Formedon Fitzh f. 204. K. If Tenant in taile lets for life and the Tenant for life aliens in fee the Tenant in taile shall have a consimili casu or a Formedon at his pleasure Fitz. f. 207. D. Where land is given to one for life the remainder to the Father in tayl if it were executed in the Father and he Alien the Issue may have a Formedon
she be of the age of 14 years there she shall be in ward but to the age of 14 yeares and then may sue Livery for the two years to make 16 years are not given but to tender marriage and for that she shall be out of ward at 14 years The husband seised in fee of Lands held in Knights service enfeoffs diverse at this day to the use of himselfe and his Wife and the heires of their two bodies begotten and for default of such Issue to the use of the right heires of the Husband and the Husband and the VVife have Issue within age and the Husband dyes though the VVife live and hath the Land the Issue shall be in VVard of the body as it is sayd The same Law where a man seised in Fee of Lands held by Knights service makes a gift in taile to J. S. the remainder to his right heires and dyes his Issue within age he shall be in ward of the body though Tenant in taile have the Land If a Reversion of an Estate for life or for yeares be in my Father and that discends to me I shall be in ward but otherwise it is of a Remainder but if a Remainder of an Estate for life be in my Father and that discends to me and after Tenant for life dyes I shall be in ward 11 H. 7. fol. 19. 33 H. 6. fol. 6. 8 Edw. 3. tit 23. and 33 Edw. 3. tit 8. By Choke If Infant be Tenant for life and the Reversion discends to him he shall not be in VVard 9 Ed. 4. fol. 19. Where an Estate is to an Husband and his VVife and to the heires of the body of the Husband the remainder to the right heires of the Husband the Husband hath Issue within age and dyes the VVife is Tenant to the Lord and for that the Issue shall not be in ward And if Lands be let to one for life the remainder to the right heires of J. S. the same J.S. dyes and Tenant for life dyes T. S. being right heire of J. S. and within age shall not be in ward for he is a purchasor 15 Ed. 4. fol. 10. Tenant for life the remainder to another in taile he in remainder dyes his Issue within age the Issue shall be in VVard if Tenant for life be dead 33 H. 6. fol. 6. Tenant for life the remainder in Fee dyes his heir shal not be in VVard for Tenant for life is Tenant Lord and Tenant the Tenant is disseised and dyes his Issue within age he shall be in VVard Fitzh fol. 142. B. C. D. Stamf. fol. 8. the same 3 H. 4. fol. 16. the same Littleton fol. 87. the same Lord and Tenant the Tenant hath a Daughter within age being his heire and he marries that Daughter to a Husband of full age and dyes the Lord shall not have VVard of the body but if he marry his Daughter to a Husband within age shee shall be in VVard Natura brevium fol. 98. Tenant for life the remainder in taile to the Husband and his VVife the remainder to the right Heires of the Husband the Husband and the Wife dye his heire within age living the Tenant for life the heire shall not be in ward Fitzh 143. A. A man makes a Feoffment before the Statute of Uses to the use of himselfe for life the remainder to W.S. in taile the remainder to the right Heires of the Feoffor the Feoffor dyes and W.S. dies without Issue the right heire of the Feoffor being within age shall be in ward for he is in by discent for the Fee was not out of the Feoffor But where one makes a Feoffment in Fee upon condition to re-enfeoffe him and the Feoffee gives to the Feoffor for life the remainder to another in taile the remainder to the right heires of the Feoffor and the Feoffor dyes and he in remainder in taile also dyes without Issue the heire of the Feoffor within age he shall not be in ward 32 H. 8. tit Ward 93. Estate is made to one for life the remainder to the Husband and Wife in taile the remainder to the right heires of the Tenant for life the Husband and the Wife have Issue a Son which hath Issue two Daughters and after the Son and the Wife dyes and after the Son dyes and after the Tenant for life dyes the two Daughters within age shall be in Ward 28 Ed. 3. tit 48. Marlebridge chap. 6. Gives the Lord remedy where his Tenant aliens by Collusion to defraud the Lord. Marlebridge chap. 16. Gives Mortdancester for the heire in Ward against the Lord unlesse he may have his Land at full age Prerog chap. 6. If a Woman before the death of her Ancestors which holds of the King in cheife before the yeares of marriage be marryed then the King shall have the Custody of her body till the age that shee may consent and then let her choose c. If an Infant be marryed before the yeares of marriage in the life of her Father and the Father dyes and the Wife dyes before the dayes of marriage of an Infant yet the Infant shall be in VVard and shall be marryed againe by the Lord Stamf. fol. 27. 5 Mar. tit Ward 124. it is held That marriage is as nothing for shee may marry another without Divorce within the yeares of marriage A gift is made to one in taile the remainder to the right heires of J. S. which was dead T. S. hath that as right heire but if he be within age he shall not be in VVard for he is in as purchasor 12 Ed. 4. fol. 2. 7 H. 4. fol. 5. 11 H. 4. fol. 72. 15 Ed. 4. fol. 13. the same A VVoman of the age of fifteen yeares at the time of the death of her Ancestor shall not be in VVard for the Lord shall not have VVard there till sixteen 35 H. 6. fol. 48. 28 H. 8. tit 86. If the King hath a woman in VVard and shee marry before fourteen shee shall be in VVard but to fourteen for the two yeares are given to tender marriage and shee is marryed See Westminst 1. chap. 22. Merton chap. 6. Gives ravishment of VVard and double value And Merton chap. 7. gives the value of the marriage West 2. chap. 12. Magna Charta chap. 6. The heires shall be marryed without disparagement Merton chap. 7. Of Lords which marry those that they have in their custody to Villaines or others as Burgers where they are disparaged If such an heire were within fourteen yeares and of such yeares that shee cannot consent to the marriage then if the Parents complaine of that Lord the Lord shall loose the custody till the age of the heire c. But if shee were of fourteen yeares and more and agreed to such marriage no punishment follows Littleton 21. See what are disparagements and what not Now let us see where your Lord shall loose the ward for that that he holds part in cheife and what
85. the same It is granted by all the justices that the King shall not out the Farmor of his Tenant by reason that the heire of his Tenant is in ward nor he which hath execution upon the Statute nor Rent charge granted by his Tenant nor grant of next Advowson Time of H. 8. Tit. Ward 44. Now if the Tearm be not found in the Office for the King yet the Farmor shall injoy his Tearm 2 Ed. 6. chap. 8. Where there is Lord and Tenant Rastall Escheat 15. and the Tenant grants a Rent charge and dies his Issue within age the Lord being Guardian shall hold this Land charged 3 Book of Ass 1. Seisin Seisin of the Guardians vests Free-hold in the Heire and Chattell in the Guardian and Seisin of the Lord of parcell sufficeth to have ward but not to avow for all and see what Seisin is materiall WHere by Office one is found in ward to the King that settles the profits in the King and the Freehold in the Heire 1 H. 7. fol. 6. and 42 Ed. 3. f. 4. Seisin of the Ward is Seisin of the Son within age so that if he dye without other Seisin the Daughter of the halfe blood shall not have this Land 8 Book of Assises 6. Possession of the Guardian is possession of the Heir for if the Guardian be outed the Heire shall have Assise without other Seisin 2 Ed. 4. f. 5. Though the Free-hold be in him which is in ward yet if he being in Ward cut the Trees of his Land in Ward the Lord may have trespasse against him 5 H. 4. fol. 2. If the Tenant holds by Homage Fealty and Rent and the Lord hath been seised of the Rent but not of the Homage within memory yet this sufficeth to have the ward 6 Ed. 6. Tit. Ward 122. If the Tenant hold by Rent and Knights Service and the Lord and his Ancestors have been alwaies seised of the Rent but not of the Homage Escuage not of the ward yet if the ward fall The Lord shall have the Ward of the Heire by Seisin of the Rent for the Seifin is not traversable notwithstanding otherwise it seems to make avowrie 7 Ed. 6. tit 69. 13 H. 4. Seisin of Homage without Escuage is sufficient to have releife for avowrie 22 Ed. 3. Tit. 90. Tenure B. By the Seisin of Escuage the Lord may distraine and make Avowrie for Homage 27 H. 8. fol. 25. Avowrie for Fealty and Rent and Issue upon the Tenure Seisin of the Rent is not good evidence nor Seisin of Suit of Court for it is another thing that the Avowrie is made for 44 Ed. 3. f. 11. Seisin of Fealty is not iufficient Seisin to have Assise of Rent but sufficient Seisin to make Avowrie for all 45 Ed. 3. fol. 23. the same Seisin of Escuage nor releife shall not be traversed and for that where one avows for Homage Fealty Releife and Escuage it is no Plea that he was not seised of Escuage nor of releife for paradventure Escuage is not assessed by Parliament within memory 13 H. 4. f. 6. Where one holds by Fealty and Rent If the Lord were seised of the Rent it is sufficient to avow for all see 29 Ed. 3. fol. 31. and 27. H. 8. f. 24. But the Issue was upon the Tenure Where one holds by Fealty and Rent Seisin of Fealty is sufficient to avow for all 45 Ed. 3. f. 28. 44 Ed. 3. f. 10. See 27 H. 8. f. 24. Seifin of parcell of Rent is sufficient to have Assise of all 8 Book of Ass 4. But if one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Nat. Bre. fol. 109. If one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Abridg. Book of Ass fol. 16. Seisin of Rent by the Predecessor of a Parson c. Of a corporation if it be gainfaid to the Successor it is sufficient to have an Assise of this Seisin Fitzh fol. 179. C.F. Seisin of Fealty is not sufficient to have Assise of Rent 20 H. 3. Tit. Avowrie 433. Where one holds by Fealty and ten shillings Seisin of parcell of the Rent sufficeth to have Assise for all Inquire time of Ed. 1. Tit. Avowrie 229. One may avow for releif without alleadging any Seisin of it 20 Ed. 3. Title One may have Escheat and Ward before that he be seised of the Services 11 H. 4. f. 16. Where one avows for that that the Plaintiff hath common in his Land and hath used to pay to him ten shillings and hath used to distraine for that it is not good without alleadging Seisin of that Rent 26 H. 8. fol. 6. Homage and Fealty And for that that the third Article of the charge is to inquire of Services withdrawn and for that that some Tenants make Homage and Fealty and some Fealty only you ought to see the form in Master Littleton fol. 18. and 19. Of making of one and of another and what shall be one and what the other and that none shall make Homage nor take Homage but such a one which hath an Estate in Fee simple or in Fee taile in his own right or in right of another and if a Woman having Lands in Fee or in taile takes a Husband and have Issue The Husband in the Life of his Wife shall make Homage but before Issue it shall be made in both their names and if the Wife dye the Husband shall not make Homage HOmage shall not be made to Tenant in Dower for it shall be made to none if he hath not Inheritance 22 Ed. 3. f. 19. 7 H 4. fol. 21. He which holds by Knights Service shall make Homage Litt. fol. 22. He that holds by Socage may hold by Homage and shall make Homage One cannot avow upon a Husband and a Wife as of right of the Wife for Homage unlesse that the Husband hath Issue by the Wife but if he avow upon them it need not be alleadged but it shall be intended that they have Issue see 44 Ed. 3. fol. 41. and 43 Ed. 3. fol. 13. Corporation cannot make Homage for corporation cannot appeare but by Attorney 33 H. 8. Title Fealty 15. Bishop or Abbot may take Homage contrary of Parson of a Church Time of Ed. 1. Tit. Fealty 12. In a Perque servitia an Infant was constrained to attorn and to make Fealty notwithstanding his nonage 20 Ed 3. Tit. 19. Tenant for yeares shall make Fealty to his Lessor Lit. fol. 29. D. 9 H. 6. fol. 43. and 5 H. 7. fol. 11. accordingly where a Rent is reserved By all the Justices that Tenant for yeares shall not make Fealty for it is as I beleeve to be intended not to the Lord but to the Lessor 10 H. 6. f. 13. It seems that a Lessor may avow upon a Lessee for years as within his Fee by the Mannor and for that shall make Fealty to his Lessor and may avow for
243. 26 Ed. 3. tit 246. Note as it is aforesaid that suit of Court is not incident to a Tenure but is due by Formam charte or by prescription as before the said Statutes Lords are to distraine every Tenant to make suit to their Courts and that suit is called suit service If a man seised of two Acres held by one Hauke makes a Feoffment of one the Feoffor shall hold by one Hauke and the Feoffee by another Littleton fol. so shall it be of suit of Court Brook Tenure 64. Tenant in Dower shall not make Suit if the Heire have sufficient land to be distrained Naturae Brevium fol. 159. B. Tenant in Fee It behooveth that the Steward shall have knowledge of all manner of Estates because of making surrenders of Copy-holders and also because of their Suits Wards Releifs and Services for if the Steward do not know the Estates of the Tenants how can he do Justice And for that somthing ought to be said of Estates and first of an Estate in Fee WHere lands are given to the Abbot of Battell and his Covent he hath Fee for that that they are a Corporation and Corporation iâ— intended to have continuance 11 H. 4. fol. 84. Br. Inquire and see in the next case Where land is given to Maior and Comonalty of London they have Fee without more saying that is without saying to have to them and their Successors 11 H. 7. f. 12. Notwithstanding it seems that Spirituall Corporation may die in some case If I have Common in the Land of an Abbot and I release to an Abbot and not to him and his Successors the Common is extinct but not for the life of the Abbot 26 H. 8. fol. 6. Where land is given to two to have and to hold to them and heires and Suis is left out they have but an Estate for life and not Fee 19 H. 6. f. 73. 20 H. 6. f. 35. the same Devise to one for ever be to him and his Assignes for ever he hath Fee 19 H. 6. f. 9 Where a Devise is to one without more that is is not said what Estate is for life only 22. Ed. 3. Where a Devise is to one and his Heires Males he hath taile and not Fee 27 H. 8. f. 32. If land be given to one to have and to hold to him and his Heires Males he hath Fee Littleton fol. 6. and 9 H. 6. fol. 25. A man devises his land to one to give and sell or to do with that at his will and preasure he hath Fee without more 19 H. 8. f. 9 and 7 Ed. 6. Tit. Devise 39. If a man devise his land to J.S. paying to J.D. a 100 l. J.S. hath Fee but if be devise to J.S. without more he hath but for life and in the first case if he do not pay that in his life time yet if his Heires or Executors pay it that sufficeth therefore it seemeth payment is not a condition there 29 H. 8. Tit. Testament 18. If lands are given to an Abbot or Prior to have to him and to his heires yet he hath not an Estate but for life for that that his heires cannot inherit otherwise it is where land is given to a Bishop or Parson and his Heires for they have Fee 94 H. 5. f. 9. If lands be given to B. for life the remainder to C. in taile the remainder to the right heires of B. the Fee is vested in B. if C. dye without Issue in the life of B. as well as if the remainder were given to him and to his right heirs and the right Heire of B. shall be in by discent if C. dye without Issue and not as a Purchasor 18 Ed. 2. Tit. 109. If Tenant in Fee bargaine and sell his land by Deed Indent and inroll within six Moneths to another though it be not to have to him and his heires he hath in Fee 27 H. 8. f. 6. and fol. 10.32 H. 8. Tit. conscience the twenty fifth the same If lands be given to J.S. to have to him in Fee simple yet he hath no Fee but for life 20 H. 6. fol. 36. But if land be given to one to have to him and his heires so long as such a Tree growes hath Fee determinable 27 H. 6.29 B If a man lets land to J.S. to have and to hold to him and his heires for tearme of the life of J.D. he hath Fee determinable for if J.S. dye living he for whose life the heire of the Lessee may enter and not a stranger as Ocupans Lit. fol. 136. 8 H. 4. fol. 14. You shall see the same 21 H. 8. Tit. Estates 50. and inquire If a man devises lands to J.S. paying ten pounds to his Executors and dies J.S. hath Fee by reason of the payment without words heires The same Law is if one sell his land to J.S. without words heires he hath Fee 4 Ed. 6. tit estates 78. Lease was made for eleven yeares and for security of that made a Writing that if he were disturbed he should have Fee and Livery was made and hath Fee upon disturbance 10 B. of Ass 15. 10 Ed. 3. Tit. Ass 161. the same Lease is made to one for twenty yeares and the Writing expresseth over that after the twenty yeares that the Lessee and his heires shall hold it for ever paying ten pounds and Livery is made he hath Fee forthwith for if the Lessor takes a VVife within the twenty years and dies shee shall recover Dower by award of the Court 31 Ed. 3. tit Feoffment 119. If a man lets for nine yeares upon condition that if the Lessee be disturbed within the tearme that the Lessee shall have Fee if the Farmor alien before disturbance this is disseisin to the Lessor for the see is not in the lessee before the condition broken 43 Book of Ass 41. If Lands be granted to one for five yeares upon condition that if he shall pay to the Grantor within the first two yeares forty Marks that then he shall have fee or otherwise but for five yeares and Livery and Seisin is made he hath fee forthwith upon condition Littleton 81. See 14 H. 8. fol. 25. Diversity where the condition is precedent and where subsequent The Lord Lovell let to W. for life and if the Lessor dyed without Issue of his body W. should have Fee the Fee is not forthwith in W. Plowden fol. 481. Land is given to the Husband and his Wife in speciall taile the remainder in Fee to the Husband which deviseth the Fee to his Wife and dyes without Issue the Wife is seised in Fee 27 Book of Ass 60. Lit. fol. 31. B. If a Woman be seised in Fee and deviseth that to her Husband and his heires and dyes he hath no Fee Natura brevium fol. 88. 3 Ed. 3. Journey to Northampton 33 Ass 3. the same 18 E. 4. fol. 11. B. 18 H. 8. tit Patentees 104. The King gives Land to J. S. and to his
heires males adjudged that the Grant is void for that that the King is deceived in his Grant for this sounds in Fee simple whereas it is sayd the King intended but an Estate taile which is not so expressed And therefore now he is but Tenant at will and contrary in the case of a common person For Littleton fol. 6. saith Lands are given to another to have and to hold to him and his heires Males or to his heires Females or to whom the gift is made hath Fee in a common persons case for that there is no limitation in the gift of what body 6 H. 7. fol. 13. If Office be granted to one for life and after the King grants that to another and doth not recite the first Grant the King is deceived and it seemes that the second Grant is voyd 1 H. 7. fol. 13. Where the King of meer motion forgave A B of all his Debts and was Sheriff and after in the Exchequer he pleads that as Sheriff and held for that that it is of his owne motion and is generall yet he may plead that and it is a good Barr Otherwise it is where it is by suggestion for where it is of meer motion it is intended the King is not deceived but it seems if the King pardon one all his Debts he as an Executor shall not take advantage of that The same Law is if two be indebted and the King pardon one the other shall not take advanrage of that for it was the onely debt of him 9 H. 7. fol. 2. Where a Grant of the Kings is of his meer motion and the King recites that where he hath granted by his Patent he ratifies and confirmes and over We give and grant this give and grant is not but voyd for the King is Estopped to say the contrary but that he granted and ratified that but if it were as We are informed he is not Estopped and the King there is deceived And where it is of his meer motion recyted that he holds for life he is Estopped to say contrary but if it were as We are informed he is not Estopped and the King is deceived and he holds not for life 3 H. 8. fol. 7. held VVhere a Grant of the King is not onely of his meere motion but also of suggestion there if any part of the suggestion be not true the whole Grant is voyd 8 H. 7. fol. 1. VVhere the King upon information of the party Grants a Mannor which he hath by forfeiture and hath not that by forfeiture it is voyd for he is deceived So it is sayd where the King grants reversion where there is no reversion he is deceived and voyd 27 H. 8. tit Patents 100. It is sayd for Law that a false consideration in letters Patents shall not avoyd them as where the King for ten pounds to him payd gave such Land and the ten pounds is not payd the Patent is not void and shall not be repealed Contrary of Patent granted upon false surmise as to falsifie that the Land came to the King by the attainder of J. S. which is not true or such like 26 H. 8. fol. 1. If the King grants Lands to J. S. and recites for good service he hath done he grants and it is not true yet the Grant is good though the consideration is false 27 H. 8. fol. 33. by 6 H. 8. fol. 15. Will That the second Patent of an Office shall be voyd where another Patent is made before during the will of the King If mention and recytall be not made in the second Patent of the first Patent made at the will of the King if the Officer hath Fee it is voyd otherwise it is if hee have no Fee as it seemes 3 H. 7. fol. the last 6 H. 7. fol. 13. the same Where the remainder in Fee depends upon determination of Estate and where upon Condition and where upon Contingent HUsband and his VVife seised in right of his VVife in taile the Husband enfeoffs other two so long as J. S. and seven other persons live together and if it happen any of them to dye that then the remainder to the Husband and his VVife and to the heires of the VVife and J.S. dyes and the Husband and the VVife enter as they may for the remainder depends upon determination of Estate and not upon condition for death is certaine and for that the Estate is determined 18 H. 8. fol. 3. 18 Ed. 3. fol. 2. A Fine was levyed to the Husband and his VVife and to their heies Males of their two bodies begotten so that if the Husband dyed without heire Male that that should remaine to the right heires of the Husband and is received for that doth not depend upon condition but upon a limitation upon contingent of death which is certaine 27 H. 8. fol. 28. A Fine upon grant and render by which the Conisee grants and renders to the Conisor the Lands in taile upon condition that the Conisor and his heires shall carry the Standard of the Conisee in Battell and if the Conisor or his heires faile that then that shall remaine to a stranger this depends upon a condition and by Fitzherbert Fine cannot be taken upon a condition but if it be taken it is good And by Fitzherbert the Fee is in the stranger forthwith before the Tenant for life dyes otherwise it takes no effect for this word that then it shall remaine referrs to the possession of the Lands that is that then the possession of the Land after the death of the Tenant for life should remaine but if one let for life upon condition that if he dye c. the remainder to a stranger that is in him presently Plowdens Commentaries fol. 487. Nichols Case If a Lease be made upon condition that if the Lessee pay certaine Moneys within the tearme that he shall have it in Fee he hath no fee forthwith but upon the payment but it seemes this varies from the remainder If a man makes a Lease for life upon condition that if the Lessor dye without Issue that then the Lessee shall have fee the Lessee enters into Religion and after the Lessor dyes without Issue and after the Lessee is drawne out of Religion he shall not have fee in so much that at the time of the condition the fee could norvest in him 21 H. 7. fol. 11. Gift is in taile upon condition that if he alien in Fee that his Estate shall cease and that this shall remaine to a stranger it is not good for an Estate of Inheritance cannot cease also it cannot remaine without particular Estate and it cannot be upon a condition repugnant Where your Tenant hath the fee in him in expectancy and not executed in him and where it is executed in him A Lease to the Father for life the remainder to the eldest Son in taile the remainder to the right heires of the Father the Father dyes and the eldest Son dyes
without Issue the youngest Son shall pray releife and the Fee was but in expectancy 40 Ed. 3. fol. 9. A gift to three Brothers for life the remainder to the middlemost in taile the remainder to the right heires of the elder in Fee the middlemost and the youngest dye without Issue the Fee is executed in the eldest 40 Ed. 3. fol. 20. Tenant for life the remainder to J. S. in taile the remainder to the right heires of the Tenant for life the Tenant for life is impleaded and hath ayde of him in remainder for that that the Fee is in expectancy 41 Ed. 3. fol. 16. Lease for life the remainder in taile the remainder to the Tenant for life in Fee yet if he make waste hee shall be punished in waste for that he hath the Fee in expectancy but not executed Fitzh fol. 60. B. Gift in taile the remainder to his right heires in Fee this remainder is not executed yet it is in him to grant Perkins fol. 19. 12 Edw. 3. the same and 7 H. 5. fol. 2. the same Where one hath an Estate in taile Rastall Treason 12 19. the remainder to his right heires and is attaint of Felony he shall forfeit the Fee but the Issue hath the Estate taile 12 H. 4. fol. 3. But by the Statute of 5 Ed. 6. chap. 12. and 26 H. 8. chap. 13. One attaint of high Treason against the Queen the Issue shall not have the Land intailed 7 H. 8. fol. 48. Fitzh fol. 30. B. Tenant in taile Land is given to R. and Katharine and to their Heires and to the other heires of the said R. If the said heires of the said R. and K. Issuing dye without heire of them it is an Estate taile 5 H. 5. fol. 6. Perk. fol. 35. a. LAnd was given to one and to his Heires if he have Issue of his Body begotten and if not that the Land should return it is an Estate taile 35 Book of Ass 14. Land is given to one to hold to him and his heires if he have an heire of his own flesh and if not it should return it is an Estate taile 37 Ass 15. Land is given to one to have to him and the heires of his Body and to one heire of the said heire only it is and estate taile for two Discents at least Plowdens Commenfol 39. Book of Assises 20. Gift to the Brother and to his Sister and to the heires of their two Bodies begotten is an Estate taile that is severall tailes 18 Ed. 3. f. 39. and 17 Ed. 3. f. 51. Land is given to a married man and to a woman married to another man and to the heires of their Bodies begotten they have an Estate taile presently 15 H. 7. fol. 10. If Lands be given to one to have and to hold to him and his Heires And if it happen that he dy without heire of his Body then it shall remaine c. It is an Estate taile 5 H. 5. f. 6. and 19 H. 6. f. 75. the same Land is given to the Husband and to his Heires of the Body of Margaret his Wife begotten though that Margaret were dead at the time of the gift it is an Estate taile 12 H. 4. f. 2. Lit. f. 6. Lands was given to the Husband and his Wife and to their heires saving the reversion it is an Estate taile 9 Ed. 3 Statham Lands were given to Maude late the Wife of John Mandevill and to the heires of the said John which he begot of the body of the said Wife the Wife hath an Estate for life the Issue an Estate taile 2 E. 3.7 17 E. 2. Tit. Fitzh 23. Taile 7. 23. Where lands were given to one and his Heires of his body begotten before the Statute of Westm 2. he had fee conditionall and after Issue had had power to alien and now by the Statute they have taile Lit. f. 3.12 Ed. 4. f. 3.19 Ed. 2. Tit. 61. and 18 Book of Ass 5. the same A man gives to the Husband and his Wife for their lives and the longest liver of them the remainder to the Heires of their Body this is a good intaile executed immediately 35 H. 8. Brook Estates 75. Lands are given in frank-marriage to have to them and to their heires it is said that they have Fee but if it were given to them in taile to have to them and their Heires they have taile and Fee expectant 45 Ed. 3. fol. 20. and 32 Ed. 1. there Fitzh Taile 25. it is adjudged taile If Lands be given to a man and his Wife in frank-marriage to have to him and to his heires they have taile for the frank-marrying shall not be defeated by these Words afterwards 31 Ed 1 Tit 25. Lands are given in Frank-marriage the remainder over to a stranger and for that it cannot be an acquittall it shall be called speciall intaile 31 Ed 3 Tit gard 116 and 17 Ed 3 Taile 2. Gift to one in taile the remainder to his right heires he hath taile and Fee expectant 7 H 5 fol 2. Lease is made for life the remainder to another in taile the remainder to E. Daughter of the Earl of Arundell in taile saving the Reversion and all dye and E. is heire to the Donor and hath taile as Purchasor but shee hath fee expectant and she shall have aid but not age if she be within age for that that the Fee is but in expectancy 40 Ed 3 f 13. 24 H. 8. Tit. 33. Tenant in taile hath Issue and aliens with warranty and levies Assets and dies the Issue cannot recover by Formedon for the Warranty and Assets is a Barr and if the Issue alien the Assets his Issue shall not have Formedon but his Issue shall have a Formedon for no Assets discends to him 35 H. 8. tit 39. Land is given in taile to the King and after the King by his Patent lets for yeares or for life and hath Issue and dyes the Patent is voyd for it is no discontinuance Tit. Discent 35. for a Grant without livery doth not make discontinuance 32 H. 8. If Tenant in taile lets for yeares and dyes without Issue the Lease is voyd and hee in remainder may enter 5 Ed. 4. fol. 2. Tenant in taile shall not have a Quo Jure nor Ne injuste vexes for they are VVrits of Right 14 Ed. 4. fol. 6. If one recover in a Writ of Right against Tenant in taile of a Rent he hath Fee till he be defeated The same Law if tenant in tail be disseised the disseisor hath fee till he be defeated and so hath the discontinuee 39 Ed 3 tit 18 Tenant in tail of a Lordship by default of entry within a year after the alienation of the land in Mortmain may prejudice him in remainder in tail and by consequence his issue Fitzherbert 224 Tenant in tail shall have a Quod permittat Fitzherbert 136 shall have a VVrit of Mesne Fitzherbert 151 O shall have a VVrit of customes and services
in the Debet and Solet Fitzherbert 134 C shall not have a VVrit of Rationabilibus divisis which is a VVrit of Right Fitzh 10. D. The issue in tail shall not be estopped by Seisin of more rent in the time of his father and for that he shall not have a Ne injuste vexes but may avoid that in Avowrie Fitzh fol. 9. If Tenant in tail hath Issue two Daughters and one enters in all the other shall have a Formedon and not Nuper obiit nor Rationabili parte Fitzh 39. If Tenant in fee of an advowson be disturbed he shall have a Writ of Right of advowson But Tenant in tail of advowson if he be disturbed shall have a Quare Impedit and not a Right of advowson Fitzh 105. S. If Tenant in tail be barred in a Formedon by false verdict and after releases and dies his heir shall have Attaint Fitzh 158. L. The Issue in tail shall have Detinue against the Discontinuee for the deed by which the land was given in tail Fitzh 155. If Tenant in tail lose by default and dies without Issue he shall not have quod ei deforceat but a formedon 7 H. 4. fol. 48. Tenant in tail before the Statute had fee conditional and now by the Statute hath tail and for that shall not forfeit for Treason nor for Felonie but that the Issue shall inherit but by the Statute now he shall forfeit for Treason Nat. bre fol. 102. If tenant in tail be attaint for Felonie his Issue shall inherit 12 H. 4. f. 3. If tenant in tail forfeit his land his Issue shall inherit and yet his wife shall not be endowed by Hank Litt. fol. 11. If a man be seised of land and commits fellonie and after aliens and after is attaint his wife shall have a Writ of Dower against the Feoffee by Navisor But if it be escheated to the King or Lord she shall have no Writ of Dower see 8 Ed. 3. contrary in the like case Nat. Brevium fol. 101. If tenant in tail commit felony for which he is attaint the King shall have escheat for his life 5 6 Ed. 6. cap. 11. VVhere the Husband commits high treason the VVife shall not be received to demand her Dower Perkins fol. 61. If tenant in general tail takes a VVife and hath Issue by the same VVife and the Husband is attaint of felonie and dies his VVife shall not be endowed and yet by the Statute of Westm 2. cap. 1. the Issue shall inherit Stamf. fol. 194. By the Common-Law the offender in felonie or treason shall forfeit the title that his VVife shall have by the marriage to be endowed of the land But by the Statute of 1 Ed. 6. cap. 12. though any person be attaint convict or outlawed of any misprision of treason murther or felonie yet their VVives shall be endowed But by 5 6 Ed. 8. cap. 11. it is otherwise of treason as afore is said see 5. Eliz. cap. 1. cap. 11. 18 Eliz. cap. 1. for certain treasons 19 Ed. 2. tit 61. Fitzh Before the Statute of West 1. after Issue had tenant in tail hath power to alien but not before Issue had 4 Ed. 3. tit 22. Fitzh Land given in special tail to have to them in fee and if they die without Issue of their body that the land shall revert c. this is adjudged a special intail 24 Ed. 3. tit 4. Fitzh If lands be given to two Husbands and their VVives and to the heirs of their bodies begotten it is held clearly that this is a several intail that their Issues shall have several actions Littleton fol. 52. If lands be given to two men and to their heirs of their two bodies begotten the Donees have joynt estate for their two lives and yet have several inheritances that the Issue of one shall have one half and the Issue of the other the other half 8 book of Assise 33 the same 30 book of Assise 9 by Shard If the Ancestor at one time was seised of an estate tail and after purchaseth in fee and after charges the land and dies and his issue enters he shall hold it discharged 18 Ed 2 tit 856. Lands given to one and the heirs of his body to be begotten is a good intail and the issue before as after shall inherit 4 Ed 2 tit 22 Lands given to the Husband and his VVife and to the heirs of their bodies to have to them and their heirs and if they die without heirs of their body that the land shall revert and adjudged a special intail 2 Ed. 4. fol. 6. Land is given in tail to be held of the cheif Lords it is a void Tenendum and shall hold of the Giver 3 book of Assise 8. 4 H. 6. fol. 19. 27 H. 8. f. 31. If Tenant of the King makes a gift in tail without license the King may choose the giver or the to whom it is given for his Tenant but if he take the ward of one he shall not have the other 5 H. 4. f. 3. Where lands was given to Eme to have to the said Eme and the heirs of the body of Iohn late her Husband the remainder to the right heirs of Eme and for that the heirs of John were not named before the habendum he hath nothing but Eme hath an intail c. 12. H. 4. f. 2. Where lands was given to J.M. and to the heirs of the body of Eliz. late his Wife begotten and though Eliz. was dead at the time of the gift yet this is a good intail that W. the issue of J.M. of the body of Eliz. shall inherit Littleton 6. If a man have issue a Son and dies and land is given to the Son and to the heirs of the body of his Father begotten this is a good intail and yet the Father was dead at the time of the Gift What Acts by Tenant in tail shall bind his issue and others and what not TEnant in tail the reversion to the King Rastall Recoveries 4. makes a feoffment and dies his issue enters and is Tenant in tail for he cannot discontinue And 34. H. 8. chap. 20. If he suffer common Recovery or Voucher where the reversion is in the King this shall not bind the issue 40. Ass 36. Fine levied by tenant in tail in possession reversion Rastall Proclam 3. remainder or in use of full age with Proclamation according to the Statute of 4. H. 7. chap. 12. immediately after the Fine levied and Ingrossed and Proclamations made shall be a Barr against the Tenant in tail and also against his heirs claiming the tail But if Tenant in tail the reversion in the King levie such a fine Rastall Fines 9. this is in such force and effect as it was before the making of this Statute and not otherwise 32 H. 8. chap. 36. See 30 H. 8. tit Barr the 97. Assurance 6. Tenant in tail is bound in a recognisance and execution is sued by Elegit
by the Statute of 35 H. 8. chap. 20. It shall not binde the Issue in taile but that he may enter see M. 33. H. 8. Tit. 31. Recovery in value Seek if the Statute of 34. 35. H. 8. Provides for any Issues in taile but only the Issues of the Donees of the King for the Preamble speakes only of those but the Statute is whereof the reversion or remainder is in the King and for that it seems every Issue in taile where the Reversion or remainder is in the King may enter but a Fine with Proclamation by such Tenant in taile the Reversion or remainder in the King seemes is not remedied by this Statute but by 32 Hen. 8. chap. 36. Where Reversion is in the King is no discontinuance for though the Heire in taile shall be barred by Fine with Proclamation after Proclamation made yet there is an exception in the Ststute of those whereof Reversion or remainder is in the King so that it shall not binde such Issue in taile title assurance 6. see 4 H. 7. chap. 24. 37 Hâ—â— Where Tenant in taile is attaint of Treason before the Statute of 26 H. 8. His Son shall have the land for he doth not claime only as Heire but by the Statute and by the form of the gift see the Statute of 5 and 6. Ed. 6. chap. 11. That for high Treason Tenant in taile shall forfeit his Lands Com. f. 237. 27 H. 8. f. 6. If Tenant in taile sell Trees and dies and after he that hath bought them cuts them trespasse lies but if they be cut in his life time it seems the Buyer may take them 18 Ed. 3. Tit. Disseisin 92 Where Tenant in taile is bound in a Statute and dies and his Issue enters and the Conisee outs him by execution which is an act of Law he is a Disseisor Plowd Com. f. 235. before the Statute of Westm 2. he had but an Estate of Inheritance and that was Fee but this was in two manners absolute and conditionall and Formedon in Reverter was at the common Law and Formedon in Remainder by the Statute 1 H. 4. f. 6. If Tenant in taile by Estoppel or livery suing holds of the King and dies his Issue shall not be Estopped 43 Ed. 3. f. 14. Presentment to an Advowson in the life of the Tenant in taile puts him during his life out of possession but not his Issue 38 Ass 5. Tenant in taile is bound in Recognisance and Execution is sued by Elegit and this Land delivered in execution and after the Tenant in taile dies his Issue may enter without suing Audila querela 17 Ass 21. If Tenant in taile be bound in a Statute and hath Issue and dies and after execution is sued against the Issue this is disseisin to him and he shall have Assise though he comes in by processe by Law 14 Ass 3. It seems if Tenant in taile be bound in a Statute and dies and after his Issue infeoffs J.S. that the Conisee may have Execution against the Feoffee 35 H. 8. fol. 38. If the King gives in taile by his Letters Patents and after the Donee surrenders the Letters Patents to the King the taile by this is not extinct 38 H. 8. Tit. 39. Land is given in taile to the King he is Tenant in taile and cannot have greater Estate then the giver will depart to him and if the King let for yeares or for life or make a Feoffment in fee and hath Issue â—nd dies the Issue may enter for this is no discontinuance Tenant in Frank-marriage GIft was to the Husband and his Wife in Frank-marriage and this may be as well after the marriage as before 4 Ed. 3. Title Taile 6. Perkins fol. 48. C. If a gift be made with a woman in Franke-marriage which is not Cozen to the giver this is but for life Old Tenures Gift in frank-marriage with the Son of the giver his Cozen is no frank-marriage Time of H. 8. Tit. 10. but Fitz f. 172. H. and 7 E. 4. f. 12. A. by Moile in the Prior of Spaldings case seems contrary Gift in frank-marriage within the yeares of Marriage with a Daughter and they were divorced at full age at the Suit of the Husband yet the Daughter shall have all for she was the cause of the gift 19 Book of Assise 2. 19 Ed. 3. Title Assise 83. If a gift be to the Husband and his VVife in taile and they are divorced it seemes that they have not now but a freehold and though that they have Issue before the Divorce that shall not inherite But if a gift in tayle be made to two men or to one man and his Mother or Daughter and to the heires of their bodies their severall heires of their bodies shall inherite for that that they cannot marry 7 H. 4. fol. 16. and 17 Ed. 3. fol. 51. and Title tayle the 15. This is where the Divorce defeats the marriage from the beginning Gift in Frank-marriage rendring twenty shillings rent this reservation is void 4 H. 6. fol. 22. by Martin But the old Tenure is contrary tit Frank-marriage and 17 Ed. 3. fol. 66. also contrary If a gift be in Frank-marriage with his Cozen rendring Rent this is Intaile and not Frank-marriage and if a gift be with a Woman in Frank-marriage which is no Cozen to the giver this is but for life See before the 45 Ed. 3. fol. 20. If a man give in Frank-marriage rendring Rent the reservation is voyd till the fourth degree be past 26 Book of Ass 66. Land was given to a man and his Wife in Frank-marriage to have and to hold to the Husband and his heires and adjudged they have taile and not Fee for the frank-marriage shall not be defeated by words afterwards 32 Ed. 1. tit Taile 25. Reversion was given with his Daughter to one in Frank-marriage and is good 26 Ed. 3. tit 27. Taile Gift is made with Agnes his Daughter to A. in Frank-marriage and after A. marries Agnes and dyes and hee gives another Acre with Agnes to B. her second Husband in Frank-marriage and both are Frank-marriage 31 Ed. 1. tit Taile 30. Gift in Frank-marriage the remainder to J. D. in fee is not good for there cannot be an acquittall where remainder is given over Time of H. 8. tit 11. 19 Ed. 3. tit 1. If Lands be given in Frank-marriage to have for their lives the To have shall not abridge but inlarge the Estate and for that is is Frank-marriage 2 E. 3. tit 94. One gives Land to A. with Alice his Daughter in Frank-marriage to have and to hold to the aforesayd A. and his heires and it seemes Frank-marriage 13 Ed. 1. tit Formedon 63. I. gave R. and Alice his Daughter Lands in Frank-marriage to have to the aforesaid R. and Alice and their heires or to whom he will assigne it and the sayd R. did beget no heire of the sayd Alice nor the sayd R. and A. did not assigne it to any
his life in safety And for that that the Law is so necessary Now let us see when and how these Courts Leets and Court Barons began Fineux The beginning of these Courts Leets ordained 12. H. 7. fol. 18. saith That at the beginning all the administration of Justice was in the Crowne and where the King was there was the Law administred Then afterward for the multiplicity of the people was the Court Leet for punishment of offences and annoyances to the Common-wealth within the Precinct of that and the Articles and paines are ordained to that end and it is called The view of franke pledge for that the King there may be certified by the view of the Steward how many people are within every Leet and also to have account and view by the Steward of their good government and manners in every Leet And also the Leet was ordained to have every person of the age of twelve years which had remained there by a yeare and a day to be sworne to be faithfull and loyall to the King and also for that that the people there might be kept in peace and obedience these Courts Leets were ordained And Court-Barons were ordained to determine Injuries Court-barons ordained Trespasses Debts and other actions as afterwards it appeareth where the debt or the dammages are under forty shillings And also for that that the Lords of the Mannors and Court-Barons have given their Tenants their Lands and Tenements before the Statute of Westm the third to hold of them for that also Homagers of Court ought to inquire in this Court that their Lords shall not loose their Services Customes nor duties And also it was ordained to make their Suites there and so to shew them obedient to their Lords and that nothing be made within the Mannor to be an annoyance or hurtfull to the Inheritances of the Lords of the Mannors which should not there be inquired of and presented for the Lords of the Mannors as afterward by the Articles more plainely appeares And so now you see here breifly that the Realm cannot be governed without a King and that the King for that cause is appointed of God and that the King governe by the Law Roy Ley. and cannot governe his people without Law and also you have heard how ancient and how necessary these two Courts are for governance of the People And now for that these Courts are held within Mannors and that a Court-Baron is incident to a Mannor It is fit to know how Mannors did begin and within what Mannors Court-Barons are held and in what not Parkins fol. 127. saith That the beginning of Mannors was when the King gave a thousand Acres of Land or a greater or lesser parcel to one and his heires to hold of him and his heirs and before the St. of Quia emptores terrarum because buyers of Land one seised of Lands did infeoffe one of ten Acres another of twelve Acres and the third of twenty Acres every one of them to make service unto him and so by continuance of time out of minde c. he had a Mannor Also in the 33. yeare of H. 8. Comprize c. 31. Plow fol. 169. a. A man cannot make a Mannor at this day for notwithstanding that a gift in taile be made to diverse to hold of the giver by Services and Suit of Court though by that there be a tenure yet it cannot make a Court for that cannot be but by Prescription And if a Mannor be and all the Freeholders but one Escheate Mannors cannot be without Court Baron or if the Lord purchase them it is no Mannor and there cannot be a Court-Baron without Sutors and not with one Suitor onely 35. H. 8. Tenures 102. 23. H. 8. Court-Baron 22. Suit 17. Fitzherbert 3. C. If one hold of another as of a Signiory Ingrosse which is not a Mannor he hath no Court Baron Fitzherbert 8. b. Where a man giveth all his Land in Taile there is a Signiorie Ingrosse and he shall have no Court but if he were seised of a Mannor and give parcell of the Demesnes in taile it is otherwise 22. H. 6. Title 2. Services is parcell of a Mannor but not the Land of the Mannor unlesse it be Copihold for if a man hath a Mannor in the County of Westmerland and one holdeth Land of that Mannor which Land is in the County of DARBY hee shall demand that Mannor in the Counties of WESTMERLAND and DARBY 18. of the Booke of Assises 3. If a man seised of a Mannor doe alien foure Acres in fee this is separated and no part of the Mannor but if the Husband seised of a Mannor in right of his Wife alien foure Acres for life and afterwards grant the Reversion of that in fee to P. and afterwards P. purchase the whole Mannor to which the Husband and Wife levie a Fine Sur connusance de Droit upon acknowledgment of Right as that which he had of their gift The Fine extendeth to the foure Acres which were severed for they were parcell in reversion as of the Mannor And in the 36. H. 8.4 Two Coparceners make partition of a Mannor so that each of these have a parcell in Demesnes and a parcell in Services Now each of these hath a Mannor and each of these have two Suitors but otherwise it is if one have but one Suitor he cannot hold a Court-Baron But 12. H. 4.25 Partition is made of a Mannor that one Coparcener shall have the Demesnes and the other the Services the Suit to the Court is suspended and during that there shall be no Court-Baron held And 8. H. 3.4 and 34. H. 6.53 It is held that a Court-Baron is belonging to a Mannor of common right so that within every Mannor shall be a Court-Baron unlesse there be no Suitors there or that by partition the Suit is suspended as it is before said But note that diverse are called Mannors within which are not any that hold of these Mannors but only Copiholders at the will of the Lord according to the Custome of the Mannor and there are no Freeholders which hold by Charter and yet these Lordships are called Mannors and in these are Court-Barons 19. H. 8.17 Court-Baron is belonging to a Mannor And now though the honourable Judges of both Benches and the Honourable Lord cheife Baron and the other Judges there of Record at this day are altogether given to administer Justice to all without respect of any Persons R. 2. Maint 2. according to the Statute of the 1. of Edw. 3. Chap. 14. which is that right be made as well to poore as rich and that none send Letters in disturbance of the Common Law so that praise be to God their whole inclination to the administration of Justice may be a sufficient example to all Stewards to administer Justice and not to have regard to Letters Yet in some Court-Barons I have seen such subverting of Justice by Stewards some by
which abjured and for which he is hanged and for that it is said if one rise against the King and is slain that he shall not forfeit his Lands untill he be afterwards attaint by Parliament as in use 7 H. 4. fol. 33. the same 7 H. 4. fol. 48. See Stamford fol. 49. The King shall have yeare day and Waste and Chattells forfeited Fitzh 144. It seemeth that the King shall have yeare day and waste where one is convict of Felony and that is the next yeares profits for if one taketh the profits that yeare and day the Lord shall have a Writt to the Sheriff to deliver him possession and he which hath taken the profits shall answer to the King for that Fitzh 144. N. The King shall have the escheat of Tenements in Cities and Borroughs which are held of him in fee farme Fitzh 6. b. The King as it appeares by the Register shall have a Writ of escheate returned into the Kings Bench for the King may sue in what Court he will 31. Ed. 1. tit discent 17. f. If the Son and Heire of A. be Outlawed in the time of his Father of Felony and after he purchase his Charter of pardon in the life time of his Father and after the Father dies he shall not have the Lands descended from his Father but the Lord of whom they are held by escheate 9 H. 5. fol. 9. the same 1. Ed. 1. tit discent 15. the blood is corrupt which cannot take by discent 26. Of the booke of Assises 2. If the Son be attainted of Felony in the Life time of his Father and hanged his Sister shall have the Land by descent from the Father and it shall not escheate 46. Ed. 3. tit discent 6. If the Father have a Son and a Daughter and the Son be attaint of Felony in the life time of his Father and dieth there the Daughter shall have the Land and if he survive the father then the Lord by escheate 8 Ed. 1. tit Assise 421.49 book of Ass 4. 3. booke Assise Where the Tenant grants a rent-charge out of his Land and after that escheates the Lord shall hold this charged but otherwise it is where a Tenant which holds of the King chargeth and dieth without Heire 4 Ed. 4. fol. 2. If that be found by Office yet it cannot be Natura brevium 103. In a Writ of Escheat it is no Plea that he died not seised but it is a good Plea that he did not dy his Tenant Fithz 144. C If the Tenant be disseised and after dieth without Heire it seemeth the Lord shall have a Writ of Esch eate for that that his Tenant died in his Homage 2 H. 4. fol. ninth the same Fitzh 144. If a man be beheaded for Felony or dy after Judgment before he be put in execution by the Officer yet the Writ shall say for which he was hanged Na Bre fol. 104. the same 11 H. 4. fol. 16. One may have escheate and ward before he be seised of the services Littleton 106. if a Signiory be granted by fine See 2 and 3 Ed. 6. chap. 8. Where one hath a Rent c. The King is intitled to the Land by attainder and that is not found in the Office yet he himself shall have his Rent by the Statute And it is to see now where a forfeiture shall be of Goods onely and not of Lands and where not ONe indicted that he killeth one in defending himself by Fairefax he shall be arraigned and shall loose his Goods 21 Ed. 3. fol. 18. and shall not forfeit his Lands 4. H. 7. fol. 2. fol. 18. Where one killeth one in defending himselfe or by mischance he shall forfeit his Goods and not his Lands Stamford fol. 45. If one kill another by misfortune he shall forfeit his Coods and it behoveth that he have his pardon of grace Stamford fol. 185. the same 26 H. 6. fol. 6. the same and he shall not forfeit his Lands 2. H. 4. fol. 20. One arraigned pleads not guilty and it was found that the dead struck the other to the ground and for haste fell upon the blade of him that lay upon the ground he lying upon the ground shall not forfeit his Goods but if it were found that he kils him in defending himself it is otherwise 44 Ed. 3. fol. 44. 49. Ed. 3. fol. 5. Where a man is indebted to a man attainted by specialty the King shall have it contrarily if it be without specialty for the Debtor may wage his Law against him which is attainted contrary against the King but in the Exchequer it was held that debt to be forfeit to the King 16. Ed. 4. fol. 4. A man cannot wage his Law against the King 50. Ed. 3. fol. 1. Stamford 183. See forfeiture upon he made his flight and fol. 184. upon an Exigent awarded and fol. 185. upon a Clerk convict and fol. 187. of Lands and of a thing in action and so further of Forfeiture Clerke convict shall forfeit all his Goods but not his Lands but the Clerke attaint shall forfeit his Lands 40 Ed. 3. fol. 42. Fitzh fol. 66. yeare 20 Ed. 4. fol. 5. Clerke convict shall forfeit his Goods notwithstanding that after he makes his purgation which now is not made by the Statute of 18. Eliz. chap. 7. And then he shall forfeit the Issues of his Lands till he hath made his purgation 8. Ed. 2. Forfeiture 34. and Stamford fol. 185. A Clerk convict is not out of the Law as an Alien is for his Heire shall inherit his Lands after his death 3. H. 7. fol. 12 and 21. H. 7. fol. 31. A Woman out of her wits killeth her Husband she shall forfeit nothing Stamford fol. 45. Where a man distracted kill one he shall forfeit nothing 3. Ed. 3. forfeiture 25. Executors Outlawed shall not forfeit the Goods which they have as Executors nor by attainder of Felony 32 H. 6. fol. 34. By award of Exigent in Felony though he be acquitted afterwards his Goods are forfeited 44 Ed. 3 fol. 17 and Stamford fol. 184. D 22 booke of Assises 81. By award of Exigent Goods and Profits of his Lands are forfeited if the Exigent be not erroniously awarded Stamford fol. 47. If one be indicted upon the view of the body before the Coroner of death all his goods are forfeited though that he be acquit afterwards Stamford fol. 45. See 5. H. 4. 13. H. 4. fol. 15. If a man be convict of Heresie and be delivered to the Lay power his Goods are forfeited though that he be not put in execution but his Lands he shall not forfeit unlesse he be put to death Doctor and Student fol. 14. One killeth himself he shall forfeit his Goods and not his Lands 3 Ed. 3. Tit. Coron 201. 8. Ed. 2. Tit. Corone 420. The Goods of them which hang themselves are confiscate 8. Ed. 4. fol. 4. One put to his penance shall not forfeit his Lands but Goods 14. Ed. 4. fol. 7. For
and bargained his copy-hold to J. S. and his heires J. S. was admitted to have to him and his heires according to the custome this is not good for that it wants this word Surrendred Tenant in taile by copy the remainder over to I. S. in Fee surrender his Lands into the hands of two Tenants to the use of I.N. and his heirs and dyes before that be presented and after that was presented and I. N. admitted this is not good but contrary Law if Tenant in Fee had made that surrender and dyed as above Seek By the custome of a Mannor some Lands are copy-hold for three lives and some to them and their heires and the Lord grants by copy that which was for three lives after those three lives ended to one and his heires this is not good but the custome of the Mannor is good though there be severall copy-holders of severall customes The Lord of a Mannor within which are copy-holders and the Lord grants over the Demesnes to I. S. in Fee so that he hath no Court yet it is said that the copy-holders may surrender as before they did And that the Lord by his Grant cannot destroy their surrender and Copies The Lord may avow for Rent of his Copy-holder before admittance where it descends to a copy-holder but he shall not be sworn of the Homage before admittance If the custome of copy-hold be that the Lord may grant for three lives if all dye and then when the land is come into the hands of the Lord he is bound in a Statute and after he grants that over according to the custome this Land shall not be extended upon the Statute And if a copy-holder be bound in a Statute his copy-hold land shall not be extended and if the Lord be bound in a Statute the land of the copy-holder shall not be extended If an Infant be a Lord and admits a copy-holder to him and to his Heires this is good and he cannot avoid that by his Infancy for he is but an instrument to convey that according to the custome and departs with no Estate If a copy-holder will exchange this is not good unlesse there be a surrender and admittance If a Villaine purchase copy-hold and the Lord of the Villaine enter he shall not have possession of the copy-hold till he be admitted Copy-hold shall not be forfeit by attainder of Heresie for â—he blood is not corrupted for the Statute of 5 H. 5. is not to be intended of copy-hold Lands for it is said by the Statute that he shall forfeit his Lands Tenements and Hereditaments and that the Lord of whom the Lands are held shall have the Lands after the King hath yeare day and waste and this is intended of free-hold and not of Copy-hold but if a Copy-holder be attaint of Treason or Felony as it is aforesaid there the Lord shall have the Land for that that the blood is corrupt and so there is none to inherit but by attainder in Heresie is no corruption of blood If a copy-hold be furrendred to my use simply and the Lord admit me upon condition this condition is void for the Lord gives nothing but is an instrument to convey that according to the surrender so if it be surrendred to me for life and the Lord admits me to have to me and my Heires it is not good If a copy-holder of a Mannour takes a Lease for yeares of this Mannour seek if his copy-hold be extinct But if a copy-holder makes a Lease of his copy-hold to his Lord this was held no extinguishment of his copy but a suspension But if the Lord by Indenture make a lease for yeares of copy-hold land to his copy-holder of that the copy-hold is there held to be extinct so if the Lord make a feoffment to his copy-holder of all his Mannour upon condition and after enter for the condition the copy-hold is extinct and if a copy-holder take a lease for years of the Mannour with a remainder over by Indenture this extincts the Copy-hold If a Disseisor be of a Mannor whereof there are copy-holders for three lives and he grant copies for three lives and after the Disseisee re-enter this shall avoid the grant of the copies by the Disseisor But if the Lord of that Mannor make a feoffment in fee upon condition and the Feoffee grants copies for three lives and after the Feoffor enter for the condition broken he cannot avoid the copies If Tenant in taile or in fee of a Mannour will grant Lands by copy which were no copy-hold Lands before and that hath contiuned by divers admittances after as copy-hold and was never interrupted at any time by the Issue in taile but hath been allowed for him so that that hath continued by sixty or eighty yeares this is very good and shall not be ever after avoided but if it may be shewed to have been an Interruptation then it is otherwise 15 Eliz. If a copy-holder surrender to the use of his Wife for life the remainder to him and his Heires and after the Husband surrender to J. D. and his Heires and dies the Wife may enter by Dyer and Mounson Justices and shall hold for life but the Heires of the Husband are bound otherwise it is if the remainder were to the right Heires of the Husband for they are purchasors of this remainder and may enter after the death of the Wife A Copy-holder hath a Son and a Daughter by one Belly and a Son by another Belly and surrenders to the use of his Wife for yeares and conveyes after her death the remainder to his Son of the first venter his Heires and Assignes and dies the Tenant for years is admitted the remainder in form aforesaid the Son of the first Belly dies without Issue before admittance and during the Tearme and Dyer saith that the possession of the Wife of the Termor or of the Guardion is a sufficient possession to make a Brothers possession 16 Eliz. Mounson saith Copy-holders are within all statutes which speake of Tenants for if a copy-holder had not been excepetd in the Stat of dissolution of Monastries the King had had them which Geffrey and Bendlowes granted The Husband by surrender discontinues the copy-hold which he hath in right of his Wife the Wife is put to her Cui in vita and she is not aided by the Statute of 32 H. 8. 24 Eliz. A copy-holder surrenders to the use of his last will and deviseth that his Executors shall sell the Land to J. S. and makes two Executors and dies and one Executor takes a Wife and surrenders to the use of J. S. the Devisee and was said that by the admittance of J. S. that he was copy-holder though that the surrender be made by both the Executors Taile of Copy-hold EState taile may be of a copy-hold and Formedon in descender may lye of that that is to say may sue plaint and make protestation in nature of a Formedon in discender at the
Tenant saith he hath improved leaving sufficient for the Plaintiffe If a man grant Land and Common the Grantor cannot improve against his Deed 12 H. 3. fol. 25. That hee cannot improve against a Deed 3 Ed. 2. tit 21. If the Tenant have Common for all manner of Beasts the Lord cannot improve notwithstanding I have heard the opinion of the Learned to the contrary 34. Assise 11. It was held that no man might improve in Feilds sowed where they have Common when the Corne is reaped and carryed and in time of Wreck for the Statute is in Wasts and not in Feilds And also it is held there that Cottager shall have Common but not a Cottager newly erected for he cannot prescribe 5 Book of Assise 2. Jurney to Lecester The Tenant shall not have Common to Land newly improved but to ancient Land hide and gaine 10 Ed. 2. tit 22. 5 Book of Ass 2. the same The Statute is as much as belongs to Tenements that seemes to extend as well to Common appurtenant as appendant But Master Stamford sayd in Grayes-Inne That improvement is onely against him that hath Common appendant and not against him which hath Common appurtenant without number Now let us see what is appendant and what appurtenant Common appurtenant is for all manner of Beasts and appendant is but to have common for Beasts commonable Natura brevium fol. 70. That appurtenant is with all manner of Beasts by prescription 9 Ed. 4. fol. 3. by Fairfax By Prisot Common appendant is to have common for Horses Beasts Kyne and Sheep which are commonable and which are most fit for the Ploughman and not for Geese Goats and Hogs 37 H. 6. fol. 34. If one hath a common of Estovers by Grant he cannot build another new House to have Estovers to that Fitzh fol. 180. h. Admeasurement lyes between Commoners which have common appendant to their Free-hold if one of them surcharge the common by putting in more Beasts then they ought to common Fitzh fol. 125. B. D. He which hath Common appurtenant to a certaine number or common by specialty to a certaine number shall be admeasured But he which hath common appurtenant without number or in grosse without number shall not be admeasured 26 H. 8. fol. 4. Common appendant cannot be aliened and severed but common appurtenant may 5 H. 7. fol. 7. B. and 9 Ed. 4. fol. 39. A. He which hath Common appendant cannot use that common with other Beasts but those which are rising and lying upon his Land 15 Ed 4. fol. 32. Termor cannot put any Beasts into the Common but those which hee hath to manure his Land or for his houshold and not for to sell 14 H. 6. fol. 6. A man grants Land and a Turbary this doth not make the Turbary appendant unlesse it were appendant from time out of minde 8 Book of Ass 9. Common is to be taken by the mouth of Beasts 31 H. 8. tit 151. Commoner hath no interest in the Land but to take that with the mouth of his Beasts and cannot have trespasse why he broke his Close against one which makes trespasse in the common but may distraine them doing damage 12 H. 8. fol. 2. There are foure manner of Commons that is to say Common appendant Common appurtenant Common in grosse and Common because of Neighbourhood Natura brevium fol. 69. Common appendant is to Land arable onely 26 H. 8. fol. 4. by Hales It seemes it may be appendant to a Mannor Land or Tenements Fitzh 139. L. It may be appendant by reason of a House Natura brevium fol. 70. Where one hath Common because of Neighbourhood in the Land of J. S. he cannot put in his Beasts in the waste of J.S. but in his owne Land which may goe if they will into the waste of J. S. 13. H. 7. fol. 13. c. Assise of Novell Disseisin lyeth of Common of pasture Turbary and Fishing where he hath that for life or in taile or in Fee and is disturbed that he cannot take his common and the Writ shall be hee disseised him of a common of pasture in D. and not disseised him of his Free-hold in D. as where it is of Land for there it is alwayes hee disseised him of his Free-hold Fitzherbart fol. 179. L. Common appendant a man cannot use with Beasts of a stranger unlesse hee keepe them to dung his Land but hee cannot take in other Beasts for Money which doe not manure his Land See 6 H. 7. fol. 14. Fitzherbart 180 B. If a man claime Common for Beasts without number there he may put in other Beasts of a strangers for Money in that Common otherwise it is in Chase or Forrest where the Lord hath Deer Fitzh 189. B. He that hath Common ought to use that with his owne Beasts or with Beasts which dung his Land or with Beasts allowed for their Milk and cannot take in any 22 Book of Ass 82. He which hath Common by specialty cannot take in Beasts but he that hath Common for Kine for their Milk or for Beasts to manure his Land for Sheep allowed to dung his Land for he hath right in them for the time 45 Ed. 3. fol. 26. A way appendant to a House shall not be made ingrosse but Common appurtenant and Advowson may 5 H. 7. fol. 7. Where the King grants Common to an Abbot and his Successors without number out of a Mannor and after he grants the Mannor to another and after the Abbey is dissolved it seems for that that it is Common without number the King shall not have it but if it were Common certaine the King shall have it 27 H. 8. fol. 20. Common appendant shall be used with his proper Beasts and not with others Beasts and the Defendant was admitted to prescribe for Common appendant 6. Hen. 7. fol. 14. He which hath Common appendant cannot use that but with his owne proper Beast or Beasts which dung his Land but he which hath Common for twenty Beasts by Grant or with Beasts without number he may use that Common with others Beasts 11 H. 6. fol. 22. Fitzh 180. B. the same A man need not prescribe in Common appendant but it sufficeth to say that he is seised of three Acres in D. and that he hath Common appendant c. 4 H. 6. fol. 13. He which justifies for Common appendant need not prescribe in that also 22 H. 6. fol. 10. Common appendant cannot be but by continuance of time out of memory c. 5 Book of Ass 2. Courts In what place a Court-Baron shall be held COurt-Baron by Brian shall be held in a place certain but I have heard that it may be kept in any place within the Mannor that the Tenants have notice to make their suit and it is good 8 H. 7. f. 4. A. and so it is 24 Ed. 3. that it need not be in a place certain and by Glanvile fol 19. It ought to be held in a place within the Mannor and
23 H. 8. chap. 15. If any be troubled by attachment or arrested by Latitat or in London or in a Court which hath liberty to hold Plea and no Count be put in within three daies after the Baile put in otherwise appeares unlesse the Court of discretion gives longer day the Defendant shall recover costs and dammages the same Law is if a Suite be discontinued after Count or that the Plaintiff be non-suited then the Defendant forthwith by discretion of the Court shall recover costs and the Statute gives Debt for the costs 8 Eliz. Chap. 2. But one arrested by Bill of Middlesex shall not recover costs though the Plaintiff do not count to be nonsuited If a matter passe against an Informer by Verdict or Judgment the party shall have costs and shall have execution by a Capias to satisfie fieri facias or Elegit but these two last Statutes do not extend to a Court-Baron 18 Eliz. C. 5. 22 H. 8. B. Tit. Costs 25. in quare impedit the Plaintiff shall not recover costs for that the dammages are great 35 H. 8. Tit. 258. 2 Ma. Tit. Costs 23. Debt by Lessor if he be non-suted or bar'd the Defendant shall recover costs by the Statute for it is upon a contract for Rent 2 H. 7. f. 13. Account the Plaintiff shall not recover costs but where the Defendant is adjudged to account and pleads Barr c. It is otherwise 9 H. 6. fol. 66. He shall not recover costs for that the dammages are tremble by the Statute 14 H. 6. fol. 13. forcible entry the same In London by act of common Councell in trespasse by force of Armes and in all other Actions personalls if the Plaintiff be non-suited or a Verdict against him and Judgment upon it or Judgement upon demur against him the Defendant shall recover his costs by discretion of the Court but if the Plaintiff sue as Executor or Administrator which is not upon his own act the Defendant there shall not recover costs and yet trespasse by force of Armes is not within the Statute 23 H. 8. chap. 14. to have costs Damages IT seems if one take my Beasts and after they return to me again I shall have trespasse for taking but upon the evidence I shall not recover the value though the value be in the Writ 11 H. 4. fol. 23. 1 H. 6. fol. 8. 19 H. 6. fol. 34. In what plaints Damages shall be recovered in Court-Barons and in what cases in Court-Barons and other Courts and in what not In plaint in nature of Assise of novell disseisin Grandfather and Great Grandfather Entry by disseisin Dower Nuper obiit Mortdancester Cozenage Replegiare Covenant Debt Action upon the Case Deceit and trespasse Damages and costs shall be recovered by the Plaintiffe Eight Marks were given in plaint of Land in Court-Baron Plowdens Commentaries f. 394. B. If any avow for Rent or doing damage custome or service if the Plaintiffe be non-suited or otherwise barred then the Avowant shall recover damages and costs as the Plaintiffe ought See 19 H. 8. fol. 8. 12 H. 8. chap. 19. Rast tit Avowry 1. Discent THen for that that the second Article is to inquire who is Tenant and what advantage the Lord shall have by the death of his Tenant It behoveth to know who is in by discent to be your Tenant that you may know of whom to have releife and who to be in Ward and who not and who shall be sayd in by discent and where by purchase and where hee shall not be in by discent Gift to one in taile remainder to the right heires of J. S. which was dead T. S. hath that as right heire and is in by purchase and shall not pay releife nor be in ward 40 Ed. 3.9 32 Ed. 3. Fitzh Discent 8. Lord and Tenant the Tenant aliens in Mortmain and the Alience is disseised and the Disseisor dyeth seised his Heire is in by discent yet the Lord may enter within the yeare for he hath only a Title to enter and cannot have an action but contrary of him that hath right of entry and may have action 1 Ed. 6. Tit. Mortmaine 6. Bro. Lease for life the remainder to the right Heires of J.S. the Tenant for life dies living J.S. the remainder is void and J.S. nor his Heires shall not be said in by discent to pay releife nor otherwise shall have the Land as purchasor 9 H. 6. f. 24. Perkins f. 12. the same Lease for life the remainder to the right Heires of J.S. and J.S. dies Tenant for life hath aid of T.S. Son and Heire of J.S. and though he were within age he shall not have his age and shall not pay releife nor be in ward if they hold by Knight service and be within age for that he is in as a Purchasor 11 H. 4. f. 74. Lease for life the remainder to another in taile which dies his Issue within age and after the Tenant for life dies the Issue is in by discent and if he be within age and hold by Knight service he shall be in ward to the Donor 33 H. 6. f. 5. And for that that in the said second Article of Charge you ought to inquire if any Tenant be dead who is his next Heire Let us now see where a Woman is with child at the time of the death of her Husband Tenant and by whom she shall be Judged with child and who shall be said in after the death of the Husband as Heire and shall be Tenant to the Lord and who not IF the Husband Tenant dye seised and his Wife with Child and a Brother of the Husband enter as Heire as he may and after Issue is born this Issue is Heire to the Husband and Tenant to the Lord and not the Brother though he were Tenant and Heire before the Issue was borne 41 Ed. 3. fol. 11. A man Tenant hath a Daughter his Wife with child with a Son and makes a Feoffment upon condition and dies and the Daughter enters for the condition c. and after the Son is born this Son shall not be Heire nor Tenant of this Land the same Law is where there is a Lease for life the remainder to the right Heires of J.S. Tenant for life dies the Daughter enters and after the Son is born he shall not be Heire and Tenant of that Land 9 H. 7. f. 25. Plow f 56. Daughter enters after the Death of her Father Tenant and takes profits and after the Son with which the Wife was with child is borne he may enter and have that as Heire and shall be in by discent and Tenant but hath no remedy for the profits taken by the Daughter before he was born 9 H. 6 fol. 26. If a Woman Tenant seised in Fee hath a Daughter and being with Child with a Son the Husband dies and after the Wife is ravished and consents to the Ravishor and the Daughter enters by the Statute as next of blood as
Escheat 7 H. 4. fol. 18. the same 6 H. 4. fol. 5. Lord and Tenant within age the Tenant is disseised and dyes without heire the Lord may enter by Escheat The same Law is if he being an Infant tenant alien and dyes without heire the Lord shall have by Escheat Fitzh fol. 144. A. If Tenant in taile dye without heire he in reversion shall not have a Writ of Escheat But if Tenant in taile the remainder to his right heires and dyes without heire then the Lord of whom the Tenant in taile holds shall have a Writ of Escheat Fitzh 144. E. Where the Tenant is a Bastard and dyes without Issue this Land shall Escheat Tit. Escheat 34. B. Where there is a Bastard eldest and a legittimate younger and the Bastard enters and dyes seised without Issue the Land shall not Escheat Natura brevium fol. 103. If the Tenant be disseised and is attaint of Felony the Lord may enter by Escheate Abridgement of Assise fol. 88. Lord and Tenant the tenant being within age aliens and dyes without heire the Lord may enter by Escheat 6 E. 3. Statham If my Tenant within age alien in Fee and dyes without heire I may enter by Escheat the same Law is if my tenant within age be disseised and dyes without heire I may enter by Escheat Stamf. 42. If any free tenant of any Bishop be attaint for Felony during the time of the vacation the King shall have Escheat of his Lands By Prerogative ch 14. Fitzh 144. O. If the Lord have title to have a Writ of Escheat if he accept Homage of his tenant he shall not have a Writ of Escheat against him afterwards 7 H. 4. fol. 18. Lord and Tenant the Tenant is disseised and dyes without heire the Lord may enter for right of entry may Escheat against a Disseisor but if the Disseisor dye or alien the Lord cannot enter by Escheat upon the heire of the Disseisor nor upon the Alience 22 Book of Assises 49. The King shall have the Lands by Escheat of one attainted of high Treason of whomsoever hee hold notwithstanding of petty Treason the Lord shall have them 29 Book of Assise 61. Note that Lands in taile shall not Escheat for the Felony or attainder of his Father but by the Statute of 5 6 Ed. 6. chap. 11. for high treason the King shall have his Lands 6 H. 7. fol. 9. by Keble Right of entry may Escheat as where the Disseisee dyes without heire or is attaint of Felony the Lord may enter 7 Ed. 6. tit 18. It was held If there he Lord and Tenant by Fealty and Rent the Tenant is disseised the Disseisee dyes without heire the Lord accepts the Rent by the hands of the Disseisor yet he may enter for Escheat or have a Writ of Escheat and the receit of the Rent no Barr contrary if he had avowed for that in Court of Record or if he had taken corporall service as Homage c. Contrary of acceptance of Rent by the hands of the heire of the Disseisor or of his Feoffee 48 Ed. 3. fol. 2. by Belk Where a man commits Felony and after purchase Land or Land discends to him after this is forfeited and Escheated as well as the Land which he had time of the Felony made 22 H. 6. fol. 37. by Newton A man seised of Land in fee goes beyond the Sea to B. out of the Kings Allegiance without the Kings license and there marries a Wife and there hath Issue and dwells there all his life and dyes without other Issue his Land shall Escheat and none other of the blood shall inherite 1 R. 3. fol. 4. by Hussey He which is borne beyond Sea and his Father and Mother English and faithfull to our King that their Issue shall inherite by the Common Law but the Statute makes that cleer and his Lands shall not Escheat 9 H. 7. fol. 2. If Tenant of the King dyes without heire and none enters the Freehold is in the King without Office by Escheate But if Tenant of the King alien in Mortmaine it is not in the King without Office 27 H. 8. tit Office 90. Br Where one is attaint by Parliament his Lands are not in the King by Escheat to grant over without Office 29 H. 8. tit 52. Charter of pardon Br. The King may be intituled to goods without Office by Outlawry but not to Lands 38 H. 8. title Thing in action 211. Br By the Statute of 31 H. 8. gives to the King possession of Lands of Monastries without Office for the words are that the King shall be in possession of them yet if an Abbat were disseised of foure Acres of land the King cannot grant that over before entry made by him into it Time of H. 8. tit 119. Pre. Br It seemes that the King shall not have a Precipe quod reddat as a Writ of Escheat but his title shall be found by Office Time of Ed. 6. tit Denizen 17. Where an Alien born purchaseth the King shall have it but the purchase ought to be found by Office 33 H. 8. tit Fines levied 115. Title Office before Escheator 60 Br King shall have Chattels without Office but not Ward 2 H. 7. fol. 8. The King may re-enter without demand where there is a clause of re-entry in his Lease but then that shall be found by Office Tit. Escheat 23. Br Alien borne hath Issue a Son and after is made Denizen and after hath Issue another Sonne and purchase Land and dyes the youngest Sonne shall have the Land and not the eldest nor the Lord by Escheat Tit. Escheat 29. B. VVhere a man is attaint of Heresie and delivered to Lay men to be burnt yet he shall not forfeit his Land unlesse he be put in execution and there by the execution the Lord shall have Escheat unlesse the Land be held of the Ordinary then the King shall have it Enquest FOR that that you try your Copy-holders and other Issues by consent by Jury let us see how many shall be sworn of a Jury The Statute of Westm 2. chap. 13. is that the Sheriff shall inquire by twelve and not by lesse and the same Law shall be in Leet and for that that this Statute doth not extend to Court-Baron Presentment of Articles there by lesse then twelve may be for one may hold Court-Baron though there be but two Suitors and then they may inquire by two of Articles for the Lord but hard it is when every one is inheritable to the Lawes of the Realme and the triall of the Law is by twelve of Issue joyned between party and party that by your not power that is to say that there should not be twelve Tenants of every Jury to take from me my Triall which the Law gives to me and if you will try Issue by lesse then twelve you may impannell three or foure of the Freinds to the parties and to have no number certain under twelve but to have such a
Recognition of the Assise and in evidence that the Plaintiffe is Bastard it is not good for it is contrary to this thing admited and imployed 22 Book of Ass 3. Covenant Issue was If the Defendant had made an Estate sufficient to the Plaintiffe of Higgens Close or not and evidence that it is not so much in value it is not good for it is not answerable to the matter in Issue 27 H. 8. fol. 35. Trespasse The Defendant justifies for Common appendant and gives in evidence that he hath Common by reaion of Neighbourhood it is not good for it is not answerable to the matter in Issue 13 H. 7. fol. 13. 11 H. 4. fol. 63. Trespasse of beating not guilty and evidence that it was in his defence it is not good for it is a matter of justification and contrarying 7 Ed. 6. tit 14. In Debt upon an Obligation made for Usury If the Defendant plead it is not his Deed he cannot give in evidence that it was made for Usury for it is contrarying 5 Ed. 4. fol. 5. Debt upon obligation for letting him to baile and doth not name Sheriff the Defendant gouht to plead that and so not his Deed but not generally not his Deed and give that in evidence for it is contrarying 3 H. 7. f. 5. Where two are bound joyntly and severally and one Seale is broken yet in Debt against the other or against him he cannot plead not his Deed and give that in evidence for it is contrary but he may plead the speciall matter and conclude so not his Deed. 5 H. 7. f. 2. If one plead nothing passed by the Deed he cannot after give in evidence that it is not his Deed for it is contrarying 9 H. 7. fol. 3. Derinue the Defendant saith he doth not detaine and he cannot give in Evidence that he hath that in pawn for it is contrarying Where the Evidence proves the effect and substance of the Issue is good THE Plaintiff Pleads a Lease simply and gives in evidence a Lease upon condition and for that that the condition is performed it is good for the evidence proves the effect and substance of the Issue and for that it is good 14 H. 8. f. 20. 38 H. 6. f. 9. The Array was challenged for that that was made at the denominating of the Clerke of the Plaintiff Evidence that it was made by the Bailiff of the Franchise at his denomination is good 44 Ed. 3. fol. 39. J.S. pleads a Feoffment made to him and gives in evidence that there was a Fine which is a Feoffment of Record and is good 27 H. 8. fol. 29. Action upon the case by the Husband of an Assumpsit made to him and given in evidence that it was made to his Wife to which he agreed and is good 14 H. 8. fol. 18. False Imprisonment If the Defendant justifie by Warrant if the Warrant were after the Arrest the Plaintiff may say of his own wrong without that that he had any warrant and may give this matter in Evidence Forraine matter plead in Court-Baron IF a Plaint be in the Court-Baron of a Debt or trespass and forraine matter is pleaded there it shall not be tried in Bench though that this Court shall be out of the Jurisdiction but it seems shall be tried in the County where the Court-Baron is or the forraine matter is alleadged to be done 1 H. 5. f. 12. A man cannot remove a Plea out of Court-Baron into Bench but in a Replegiare and not in Debt or trespasse unlesse that the Damages are not to forty shillings 14 H. 8 f. 17. by Fitzh Note more before that Fine Where it shall be paid by Copy-holder that I have seen used is as insues NOte that it is commonly said and the ground of paying Fines is that a Fine is due to the Lord upon every alteration and change of Tenant that is to say upon every admittance of every new Tenant to the Lord by copy as upon every alienation by surrender and admittance upon that and upon every discent and admittance upon that also if a Copy-holder surrender into the hands of the Lord to the use of diverse and their Heires as to 2.3 or 4. and their Heires upon the admittance of them the Lord shall have but one Fine for it is but one surrender and one admittance of a Tenant and upon the death of the Survivor and the admittance of his Heire then an other Fine so that the Fine is to be adjudged due alwaies upon admittance of Tenant and not without admittance And for that if two be admitted and one dies the other shall have his part by Survivor without new admittance and shall not pay a Fine Also where a Surrender is made to the use of a Husband and his Wife and to the Heires of the Husband upon their admittance the Lord shall have but one Fine for it is one surrender and both are but one new Tenant and after the death of the Husband and the Wife upon admittance of the Heire of the Husband the Lord shall have another Fine Also where a surrender is made to one for life and after his death the remainder to another and the Heires of his Body begotten and for default of such Issue remainder to a third and his Heires in this case admittance of the Tenant for life vests the remainder in the others and divers learned Stewards take but one Fine only of admittance of a Tenant for tearme of life and nothing of those two in remainder when the Remainder falls but I have seen that every one in the remainder when they come to the Land shall make Fine though it be not the whole fine but a halfe and every one is admitted when a remainder falls but it need not for by the admittance of the Tenant for life the remainder is so vested that he in remainder need no other admittance and they are but one Estate and one surrender the same Law is where there is a surrender to one for life the remainder to another and his Heires there shall be but one Fine But then it is good that both be admitted together according to the surrender at the time of the surrender made Also where one out of the Court by custome surrenders into the hands of two Tenants to the use of himselfe for life and after his death to the use of J.S. and his Heires and dies before the next Court and then all this is presented at the next Court he in the remainder shall be admitted and pay but one Fine for it is impossible to admit one which is dead and by the act of God his Fine is gone and now there is but one to be admitted and upon one surrender and one being to be Copy-holder shall be paid but one Fine Also where a Copy-holder is admitted upon surrender he shall pay a Fine but if it be so that he have common recovery in plaint in nature of a VVrit of entry in the
in Discender generally or may have special Writ making mention how it was given for life the remainder to his Father in tayl and one or other is good 44 Ed. 3. fol. 6. In conveyance of Degrees ye need not name him Heir but Son of him which was not seised but it is a surer way to name him Son and Heire to every one if hee were seised or not but he cannot omit any in his VVrit which was seised If the Demandant omit in Formedon one which held the Estate that is to say who was seised the VVrit shall abate otherwise it is in Scire facias 4 Ed. 2. tit 48. Formedon in Discender shal abate for that he omitted one in the VVrit which held an Estate 44 Edw 3. fol. 40. The Demandant in Formedon ought to make his discent by all which held the Estate otherwise the VVrit shall abate 46 Ed. 3. fol. 9. Though the Demandant be made heire to him which dyed in the life of his Father which was not seised yet the Writ shall not abate but is good 48 Ed. 3. fol. 7. Where the Demandant in Formedon in Discender makes mention of any and not of all the VVrit shall abate 49 Ed. 3. fol. 20. Formedon and the Register was shewed by which it was held that he ought to make him Son to every one and Sonne and Heire to him which last held the Estate but if he makes him Son and Heire to every one that is more and good notwithwanding that every one did not hold the Estate 11 H. 6. fol. 25. The Writ is not the worse though in the same it be mentioned that he is the heir of one or that he should have scarce been heir to him if he had lived if he be heir to him that last was seised 11 H. 4. f. 70. The Demandant in Formedon ought to name him Son and Heir to him that was seised But if one survive his father and were not seised he need not name himself heir but son onely but it is a sure way to name him son and heire or cozen and heire to every one Fitzh fol. 212. F. Formedon abate for that he made himself cozen and heir to the Donee where his father was seised after the death of the Donee and no mention was made of him 10 Edw. 3. tit 41. Esplees shall be alleadged in Formedon in reverter in the Donor and in the Donee and in formedon in descender and remainder in the Donee onely Formedon in reverter It behoveth to lay the Esplees in his Count in the Donor and Donee but in formedon in descender and remainder in the Donee onely 50 Ed. 3. fol. 1. Fitzh fol. 220. Formedon in remainder he alleadgeth Esplees in the Tenant for life and not in the Donor and in formedon in reverter in the Donor and Donee 9 H. 6. fol. 53. 11 Ed. 3. tit 31. the same and 18 Ed. 2. tit 20. Formedon in remainder he counts upon the matter without laying the Esplees in the Donor and it is good 27 Ed. 3. tit 36. Of what things Formedon lyeth and of what not Formedon lyeth of Gorse but not of an Advowson Fitzh fol. 217. B. It lies of pasture for 10 beasts and not of common but a Writ called quod permittat Fitzh 212. B. Formedon lyeth of Common in gross Inquire of 15. Ed. 3. Statham fol. 95. It lyes of a Corody that is to say of Rent and certain breads by the opinion of the Court 18 Ed. 3. Statham 10 book of Assise fol. 11. Nuper obiit was maintained of a Corody Ward For that that in the second Article is inquired if Tenant of the Lord dies if his Heir shall be in ward or not and for that let us see where the Lord shall have the Ward of the heir of his Tenant within age which holds of him by Knights service and where not ANd note where the Heir of Lands held by Knights service shall be said in by discent to be in Ward and where not If the father devises his Land held in Knights service to his Son and Heir in fee and dies hie Heir within age he shall be adjudged in by discent and shall be in Ward But if it were devised to his Son and Heir and to the Heires of his body the remainder to another in fee and dies the Son within age he shall not be in Ward for he is in as purchasor 3 H. 6. fol. 47. Where the Heir recovers Land held in Knight-service in formedon in discendor he shall be adjudged in by discent and if he were within age shall be in ward 2 R. 3. fol. 14. and 11 H. 7. fol. 12. Inquire if he recover in Dum non fuit compos mentis See Fitzh fol. 114. If the Heir enter for the condition broken in lands held by Knights service he shall be adjudged in by discent and shall be in ward if he be within age when he enters 11 H. 7. f. 12. 7 H. 4. f. 13. and 6 H. 4. f. the same If the Father and the Son purchase land held by Knights service to them and to the heires of the father and the father dies though the son within age he shall not be said in by discent to be in ward 43 Ed. 3. fol. 36. But by 32 H. 8. ch 1. If they be held of the King by Knights service the King shall haue the ward of them Where two or more hold joyntly lands held of the King by Knights service to them and to the heires of one of them and he which hath the Inheritance dies his heir within age the King shall have the ward of the body of the infant though that the other which hath the Free-hold be alive See the Stat. of Wills 32 H. 8. chap. 1. If an Infant in the life of his Father be made Knight Rastall Wills 23. and his Father dies he shall be in ward but otherwise it is where an Infant in ward is made a Knight there he shall be out of ward 2 Ed. 6. Tit. Ward 42. Magna Charta chap. 3. Where Reversion discends to the Issue within age he shall be in ward but where he hath a remainder by purchase is otherwise and where he in remainder dies his heir within age shall be in ward Stamf. fol. 6. and 7. the same See the Comment 35 H. 8. tit 119. A person twice in ward where a woman was young with child as a man dies seised of land held in Knights service his brother and heir within age the Lord seises the Ward the wife of the Tenant being young with child with a Son and after the wife is delivered the brother is out of Ward But if the Infant die the brother yet within age there the brother shall be in Ward again the same law where a Daughter is in Ward and after the Son is born 28 H. 8. T it Ward 86. If the King hath an Heir in ward which is a woman and she marry to one before
where the Lord prescribes to have the best he may seise for that that it is certaine 6 Ed. 3. Tit. but inquire Who shall pay Hariot and who not and when it shall be paid and what remedy upon putting it away ISsue in avowry if he die his Tenant for the Lord shall have Hariot though that the Tenant do not dye scised for it is sufficient if he dyed his Tenant though that he did not dye seised 44 Ed. 3. fol. 13. Br 1. and 7 H. 4. fol. 17. The Husband and Wife and their Son purchase lands joyntly hariotable and the Husband dies the Lord shall not have a Hariot till after the death of the last of them 24 Ed. 3. fol. 50. Br. 4. and Fitzh 3. 25 Ed. 3.7 and 19. R. 2. tit Hariot 5. Where a man dies seised of two Houses hariotable the Tenant shall pay two Hariots and note there the prescription that a Parson shall have the best Mortuary and the Lord the second best and if the Lord shall have the second best was the Issue taken 7 H. 6. fol. 26. Br. 3. Beasts which are remaining within the Fee of the Lord if they be removed out of the Lordship the Lord may take them for Hariot where he is to have Hariot after the death of every Tenant 27 Book of Ass 24. If my Tenant which holds of me by a Hariot aliens parcell of his land to another every one of them shall pay Hariot for that that it is intire 34 Ed. 3. Fitzh 3. After the death of a Prior Hariot shall not be paid for that he hath no property in the Beasts 32 Ed. 2. Fitzh 7. If a Husband Wife and their Son are seised for their lives the remainder to their said Son in taile after the death of the Husband the Lord shall not have a Hariot for he was not sole seised 24 Ed. 3. Tit. 3.19 R. 2. Tit. 5. The same for it is said there that if one do not dye sole Tenant there shall be no hariot paid Recordare longum If the Lord purchase the Tenancy held by hariot service then the hariot is extinct by the unity of possession for that that it is service annexed to the Land but I intend that it is otherwise of hariot custome where the Lord grants over the land 14 H. 4. f. 8. and 8 H. 7.11 Note that hariot is due immediately after the death of the Tenant Trespasse the Defendant as Lord may justifie taking of hariot within his Fee or if the taking were out it is good and the conveying it out is to no purpose but that the Lord may seise hariot out of his Lordship for it is not in case of the Statute where the Lord distraines within his fee for his services 19 R. 2. Fitzh 5. The Lord may seise Hariot which is the best Beast that his Tenant hath which held of him by hariot though they be in some place out of his Mannor for that that it is certaine 6 Ed. 3. Fitzh 4. If one which holds by hariot service to pay the best Beast dies and hath a Cow at the time of his death which is the best though that the Executors sell that the Lord may seise that in the hands of him to whom shee is sold if the Sale be not in an open Market and not there if without fraud 16 Ed. 3. Fitzh 2. By the custome of some Mannor and of most Mannors the Lord shall have only one hariot upon the dying seised of his copy-holder and discent and not upon every surrender But by the custome of some Mannor hariot is due upon every surrender for life in taile or in Fee as well as upon discent and that in nature of a hariot custome at the Common Law and by the custome of divers Mannors the Lord hath no hariot of some of his Tenants within the Mannor and of some he hath The Lord may seise for hariot custome the hariot and is to seise that of the Goods of the dead and for hariot service to distraine upon the land If a Copy-holder of Inheritance of lands hariotable lying in extreamity upon his bed surrender into the hands of two Tenants to the use of his eldest Son in Fee and dies before that surrender be presented in the Court the Lord shall have hariot but if this surrender had been presented in Court and the eldest Son had been aâ—â—â—ted accordingly and after the Father had dyed there the Lord shall have no hariot unlesse it be hariot custome due to him onely by custome upon every alteration and exchange of Tenant for life and in Fee The same Law is if the Father copy-holder of Land hariotable surrencer in the Lords Court to the use of himself for life of the Son of his Daughter for life and after to the use of the Son of his Daughter and to the Heires of the Son and they are admitted accordingly and after the Father dies the Lord shal not have hariot unlesse it be hariot by custome due upon every Estate for life in tail and fee upon every surrender which is due by the custome but in this case if the hariot were due by the death of his Tenants and discends to the heire only then the Lord shall not have the hariot If the Father being a Copy-holder of Inheritance or by the custome the Lord is to have Hariot upon every discent only and he lying in extreames surrenders into the hands of the Steward to the use of his eldest Son and his heirs and dies and after that surrender is presented in Court and he is admitted accordingly it seems that the Lord there shall have a hariot But if the Father being Copy-holder of Inheritance or by the custome the Lord having Hariot upon every discent only surrender in full Court to the use of his eldest Son and his heirs and the eldest Son is admitted accordingly and after the Father dies there the Lord shall have no Hariot So it seems if in this case the Father surrender to the use of himselfe for life the remainder to the use of his eldest Son and his heires and they both are admitted accordingly and after the Father dies there the Lord shall not have hariot 34 Ed. 3. Statham If my Tenant which holds of me by a hariot alien parcell of that land to another every of them is charged to me of a hariot for that it is intire and though the Tenant purchase the land again yet if I be seised of a hariot by another man I shall have of him for every portion a hariot and that by the opinion of Wilby and Sharde 4 Ed. 3. Statham Tit. Avowrie one avowes for hariot Plaintiff demands Judgement for that he doth not allead â—â—eisin of the hariot and it seemes of hariot custome he need not to alleadge Seisin but otherwise it is of hariot service 6 Ed. 3. Statham Tit. avowrie if one avow for hariot custome he shall recite the custome in his Avowrie 24 Ed. 3. Statham
16. B. by Finchden If a lease be made of lands for years to A. the remainder to B. for life the remainder to the right heirs of B. and after B. takes a wife and dies during the term of years his Wife shall recover Dower But execution shall cease during the term of years Perkins fol. 67. A. 1 Ed. 6. tit 89. VVhere a woman is endowed of land which her Husband took in Exchange she shall not be endowed of the land given in Exchange 31 Ed. 2. tit Dower 204. 17 Ed. 2. tit Dower 162. the same VVhere the Husband holds joyntly with one and no partition made his wife shall not be endowed 8 Ed. 2. tit 167. Littleton f. 9. the same VVhere the Husband enters in Religion the heir shall inherit and yet his wife shall not be endowed for the wife may have him again out of Religion 32 Ed. 1. tit 136. Perkins f. 91. D. the same If the Husband be Tenant in common with two others in Fee and dies now his wife shall be endowed but not by metes and bounds Eitzberbert fol. 149. I Littleton fol. 9. the same If a villain takes a wife and purchaseth land and after the Lord enters and then the villain dies the wife shall be endowed 19 Ed. 2. f. 71. A woman of eight years three quarters at the death of her husband shall have no Dower Littl. 8. 12 Ed. 2. tit 159. the same A woman of the age of ten years at the death of her Husband shall be endowed 12 R. 2. tit 54. 8 R. 2. tit 122. the same VVhere the Husband hath an Office eo keep a Park to him and to his heirs his wife shall be endowed of that Pl. Com. f. 379. If the Lord enter for Mortmayn yet the wife of the Tenant shall have Dower Perk. f. 76. A. The same Law if the Lord recover against the Husband in Cessavit the Wife of the Tenant shall be endowed 34 book of Assise 15. where the Husband dies without heir and the land escheats the wife shall be endowed Tenant by the Curtesie surrenders to the Husband in reversion upon condition and enters for the condition the wife of him in reversion shall not be endowed 14. Ed 4. f. 6. VVhere a man enfeoffs one upon condition to re-enfeoff the feoffer again it behoveth that be made to a man unmarried or to a Chaplain that hath no wife for if it be to a man which hath a wife she shall be endowed 38. H. 8. tit Assurance 3.28 Book of Ass 4. the same Lands is mortgaged to the Husband and after the condition broken the Husband by agreement takes his money and dies his wife shall be endowed 42 Ed. 3. fol. 1. A woman hath title of Dower and enters upon the heir and enfeoffs him by Deed she hath given him her title of Dower included and is not now Dowable of that land 11 H. 7. f. 20. The husband Tenant in general tail makes a feoffment and takes back a special tail and his first wife dies and he takes another wife and he dies and his issue enters this second wife shall not be endowed for the heir was remitted 41 Ed. 3. f. 30. 46 Ed. 3. f. 24. the same VVhere land is given to the husband and his wife in special tail the remainder to another in tail the remainder to the right heirs of the husband and the wife dies and the husband takes another wife and dies living him in remainder the second wife shall not be endowed of that land 46 Ed. 3. f. 16. Land is given to the husband and K. his wife in special tail the remainder to the husband in general tail and K. dies without issue and the husband takes another wife and dies this second wife shall be endowed 50 Ed. 3. fol. 4. Where the husband and his wife have special tail the second wise shall not be thereof endowed 22 Ed. 3. fol. 9. B. Littleton 11. the same Where land is given to the husband and his heirs which he begets of the body of Margaret his wife which was dead at the time and he takes Eliz. and dies this second wife shall not be endowed 12 H. 4. f. 2. If a woman go away with an Adulterer into some land of her husbands and be not reconciled yet she shall not lose Dower otherwise it is if she were out of the lands of her husband 8 R. 2. tit 253. If a woman go away and dwell with an Adulterer she shall not have Dower But if she were carried away against her will and was carried 20 miles and returns and her husband dies she shall have Dower 43. Ed. 3. fol. 19. 47. Ed. 3. fol. 13. VVhere a recovery is by default or a reddition against the husband without title the wife shall have Dower 46 Ed. 3. fol. 23. VVhere a recovery is against the husband the wife is barred of Dower But if the recovery were by default it is remedied by the Statute and where by render is aided by the Common-Law and other recovery is not remedied Against whom Dower may be brought and what Assignement is good and what not WHere a Guardian in Socage endowes a Wife it seemes it is disseisin for a Writ of Dower doth not lye against a Guardian in Socage but against a Guardian by Knights service it lyeth 29 Book of Ass 68. Assignement of Dower by the Disseisor is good if it be not by Covin of the wife The same Law is by Abator or Intruder Perk. fol. 76. Assignement of Dower by the Tenant of the Freehold is good and ought to be by him 12 Ed. 3. tit 86. Perkins 78. the same Guardian in Socage cannot assigne Dower but Guardian by Knight service may 3 Ed. 3. tit 108. Perkins fol. 78 G. It appeares that Guardian by Knights service may assigne Dower Fitzh fol. 148 A. Where the Husband was seised of diverse Tenements and Manners and the Sheriff assignes the VVife which recovers one Mannor and a whole Advowson it is good for it is an infinite work to assigne part of every Acre 12 E. 4. fol. 2. If the Husband hath three Mannors and during the marriage charges them with a Rent and dyes if the wife take the third part of every Mannor she shall hold it discharged but if she take one Manner onely she shall hold two parts charged 17 Ed. 2 tit 164. It seemes it is good barr in Assignement that her Husband before the marriage granted by Deed to her a Rent in the name of Dower to which she agreed after his death 20 Ed. 4 fol. 3 in Dower but inquire Rent assigned out of Land of which she is dowable without Deed is good but out of other Land it is not 33 H. 6. fol. 2 B. Assignement of Rent out of the same Land of which she is Dowable is good barr in Dower if shee agree 7 H. 6 fol. 36. Perkins fol. 76 D. the same If a woman recover in a VVrit of Dower shee
cannot enter without Assignement but in other Precipe if one recover he may enter but here it shall be assigned to her by the Sheriff by metes and bounds 40 E. 3. fol. 22. Where the Woman recovers damage and where the Tenant may say he is yet ready to excuse him of damages if it be in Copy-hold and otherwise A VVoman shall recover damages where the Husband dyed seised if the Tenant do not come in the first day ready to render Dower Nat Bre fol. 7. If the Tenant come at the first day and saith that he was alwaies ready the Plaintiffe may averr that she hath demanded Dower and she cannot have it 2 H. 4. fol. 8. and this found she shall recover damages At the Summons returned the Tenant comes and saith that he was alwaies ready to render Dower and yet is for the Plaintiff to say that he was not ready alwaies is no Plea but by Thirne she ought to shew that her Husband died seised and she demanded in the Country and you refused but by Hank the bringing of the Writ is a demand in Law but he agreed that she ought to aver the dying seised of her Husband if she will recover dammages 6 H. 4. f. 5. Dower the Tenant saith that he was alwaies ready and yet is and the Demandant avers that her Husband died seised and saith that he was not ready and for that this is no Issue but she shall say that she demanded inquest of Office was awarded which findes he died seised and the Wife shall recover dammages from the time of his death but where the Tenant was ready though that the Husband died seised the wife shall not recover dammages 11 H. 4. f. 39. 6 H. 4. f. 5. Dower the Tenant saith that he hath been alwaies ready to render Dower and yet is the Plaintiff saith that her Husband died seised And she required the Defendant at D. and he refused and the Issue shall not be that he did not refuse generally but he offered and she refused without that that he refused 13 Ed. 4. f. 7. Dower the Tenant acknowledgeth the action and the Demandant to have dammages surmiseth that her Husband died seised and hath a Writ to inquire of dammages and held that if the Tenant come at the first day and will aver that he was ready and yet is if the demandant cannot aver the contrary the Demandant shall not recover dammages 14 H. 8. f. 28. If the Tenant be effoyned yet he may say yet ready for the Essoyne may be put in by a stranger 7 H. 7. f. 7. f. the last the same 2 Ed. 4. f. 20 and 14 H. 6. fol. 4. The same Dower after imparlance the Tenant cannot say that he was alwaies ready and yet is 5 Ed. 4. f. 141. Tenant for Life A Man devise all his Goods to his Wife and would that his Son should have his House after the death of his Wife notwithstanding that it is not devised to the Wife she shall have that for her life 13 H. 7. fol. 17. Lease to a Woman as long as she lives unmarried or as long as she behaves her self well it is for life conditionall 37 H. 6. fol. 28. Land is given to one to have and to hold so that he paies to the Grantor for his Life 10 l. this is an estate for life 3 Book of Ass 9. An Estate to one till he hath levied ten pounds he hath that for life till c. 21 Book of Assise 18. If I let to W.N. to hold till a hundred pound be paid and without making Livery and Seisin he hath an Estate but at will and if there be Livery it is for life upon condition to cease the hundred pound levied 2 Mar. Brook Lease 67. And so in the three cases next it is to be intended Livery to be made J.S. Tenant for life aliens to B. to have to him and to his Heires for the life of J.S. B. hath an Estate but for the life of J.S. 24 H. 8 Tit. Forfeiture 87. If Lands be given to a man and his Wife and to the Heires of their two Bodies begotten and they are divorced now they have but an Estate for their lives 7 H. 4. f. 18. If I grant Rent to you without more you shall have that for life 7 Book of Ass 1. If a devise be to one without more he hath an Estate for life 22 Ed. 3. f. 16. Tenant for yeares What Act determines a Lease for yeares and who shall have the Corne what is a good Lease for yeares and what not THE Husband seised in right of his Wife le ts for seven yeares and dies the Wife may enter but if the Termor had sowed the Land in the life time of the Husband the Termor shall have the Corn 7 Book of Assises 19. If the Lord enter upon a Copy-holder for Forfeiture and the Land be sowed the Lord shall have the Corn 42 Ed. 3. f. 25 The Husband and the Wife lets the Land of the Wife for twenty yeares rendring Rent and the Husband dies the Wife accepts the Rent it is a good Lease and was not void 3 H. 6. fol. 2.2 H. 6. fol. the same and 21 H. 6.24 If a Parson or a Prebendary let for yeares rendring Rent and dies though that the Successors accept the Rent the Lease is not good 32 H. 8. tit acceptance 14.32 H. 8. Tit. Dean and Chapter 20.24 H. 8. tit B. 19.38 H. 8. Lease 18. 22 H. 8. tit Ancestor 14. If Tenant in Dower lets for yeares rendring Rent and dies the Lease is void and acceptance by the heire of the Rent will not make the Lease good for it was void before 9 E. 4. f. 37. by Nedham If I let Land for yeares in which is a Mine I cannot enter and take that nor Trees but I shall be punished The Bishop lets for yeares rendring Rent and dies and the Successor accepts the Rent this makes the Lease good for the Bishop hath Fee and may have a Writ of Right 2 Ed. 6. tit acceptance 20. The same Law is where an Abbot lets for yeares rendring Rent and dies the Successor accepts the Rent the Lease is good 21 Ed. 4. f. 5. B. Where Tenant in taile lets for 21. yeares and dies and the Issue in taile outs the Lessee as he may and doth not accept the Rent the Lessee may have covenant against the Executor of the Lessor and recover dammages though it be not warranted 48 Ed. 3. f. 2. A Lease by Tenant in taile for 21. yeares made according to the Statute rendring ancient Rent or more though Tenant in taile dye this is a good Lease against the Issue but if Tenant in taile dy without Issue the Donor may avoid this Lease by entry 32 H. 8. chap. 28. Tenant in taile the remainder over le ts for yeares rendring Rent and dies without Issue and he in the remainder accepts the Rent this shall not binde him insomuch that when
he hath brought action against his Villaine for he cannot otherwise come to the Land 24 Edw. 3. fol. 187. If in an action a Villain imparle with his Lord or hath a day by Prece partium he is infranchised 9 H. 6. f. the last and 22 Ed. 4. f. 36. the same If the Lord suffer his Villaine to be made a Knight it is an infranchisement Britton f. 79. If the Lord infcoffs his Villaine it is an infranchisement for ever 12 H. 3. tit 42. If the Plaintiff in a Writ of Neife be non-suited he shall not have again in his life time any other Nativo habendo but the Villaine by that is infranchised during her life time 6 Ed. 2. tit Villainage 26. See 19 Edw. 2. Tit. 31. If the Lord make to his Villaine an obligation or grant to him an anuity or let to him by Deed for yeares or make to him a Feoffment and Livery and seisin he is infranchised otherwise it â—s if he makes to him a Lease at will or a Feoffment and no Livery Littleton fol. 45. By Wilby if the Lord infeoffs his Villaine without Deed he is not infranchised 24 Ed. 3. tit 32. Villaine to two Coparceners he marries one of them yet he is not infranchised against the other coparcener Fitzh f. 197. N. If a Copy-hold escheat or come to the Lord by forfeiture and the Lord grants that over by Copy to J. S. his Villaine and to his heires to hold at the will of the Lord according to the custome of the Mannor by the services due and used to be paid this is an infranchisement but if a Copy-holder surrender into the hands of the Lord to the use of J.S. the Lords Villaine and to his heires and the Lord by his Steward grant to him Seisin by the rod accordingly this is no infranchisement How the Lord may take advantage of things which he hath by his Villaine by act of his Villaine MAnnor to which a Villaine is regardant is let to one for life and the Villaine purchase in fee the Tenant for life enters he shall have lands to him and to his heires for ever Perk. f. 20. If a Villaine be granted to one for Life and the Villaine purchase in fee the Lessee enters he shall have Fee but if the Lord be Lessee for life and the Tenancy escheat he shall not have that but for life Doctor and Student fol. 90. If Lessee for yeares of a Mannor to which a Villaine is regardant dies and the Villaine purchase Lands and the Executor of the Lessee enter he shall have the Land in fee but it shall be to the use of the Testator Doctor and Student f. 90 Where a Parson hath a Villaine which purchases lands and the Parson enters he shall not have that to the use of himself but in the right of his Church 32 H. 8. tit Villainage 46. Where a Villaine is infeoffed with warranty the Lord may rebut by that if it were discended in possession of the Villaine but not vouch to have in value 18 Ed. 3. f. 29. 22 Book of Ass 37. If a Villaine and his Wife purchase joyntly in Fee and the Lord enters in the half as he may he shall have it but if he do not enter but the Husband dies the wife shall have all by the Survivor and the Lord hath lost his advantage to have the moity A bridg of ass fol. 37.40 assis 7. If a Villain be bound in a statute and before the day incurred his Lord enters the Lord shall have such advantage that execution shall not be sued against him 18. Ed. 3. Tit. Execution Statham If my villain purchase Land and I seise it and the villain dies yet the wife of the villain shall be endowed by Herl 13. Ed. 3.74 Statham 19. Ed. 2. Waste And in so much that you ought to inquire if any Farmer which hath part of the Demesnes of your Lordship hath made wast or any Copy-holder unlesse by the Custom of the Mannor he may make wast if any of them have made wast or not First let us see what is wast in Land and to be punished and what not IT is not wast to suffer the arable Land to lie fresh so that it is full of thorns Fitz. fol. 59. N. 2. H. 6. fol. 11. To suffer a Meadow to be drowned which is rushie or little worth or arable land to be drowned that nothing remains but tough Clay this is wast 20. H. 6. fol. 1. 15. H. 3. Tit. 131. Wast was brought for making meadow arable by Plowd 2. and it seems it lies If a Farmer plough meadow it is wast Fitzh fol. 59. N. and 15. H. 3. tit 131. the same 12. H. 8. If a Farmer do not repair banks of his Land in Lease by which the Land is drowned or if he dig for Copper or Stone or Coals it is wast Fitzh fol. 59. N. 20. H. 6. fol. 1. Wast lies against a Farmer for fish in a Poole 6. R. 2. Statham If there be a Myne in the Land if the Farmer dig the Land and take it it is wast 9. Ed. 4. fol. 35. B. Raising up a Furnace fixed is wast 42. Ed. 3. fol. 6. What is wast in houses to be punished and what not IF a house be uncovered by suddain tempest it is not wast but if the Lessee suffer that to be uncovered that the timber rot it is wast and if the house fall by suddain tempest it is no wast 12. H. 4. fol. 4.33 H. 6. Tit. 155. B. By Danby and Choke If strangers enemies of the King destroy a house or that it be blowen down by suddain tempest wast lies not contrary where it was by enemies traitors subjects 12. H 8. fol. 1. See the time of Ed. 1. tit 123. where it was burnt by I. S. his Neighbour by mischance It seems that not covering of a house is no wast till the great beam of that is rotten 10 H. 7. fol. 2. B. It seems wast may be assigned in breaking a stone-wall and also in a mud-wall for that it is fixt to the free-hold But the Lessee may plead that the lessor licensed him to break it down and this is a good barre And adjudged that if a house be not covered at the time of the Lease made the Lesse is not bound to cover that and also if a house were curious at the time of the Lease made that is a good barr to plead in wast 10 H. 7. fol. 2. B. 40 assis 22. the same and 10 H. 7. fol. 5. the same where a house falls by tempest though the lessee Covenant to repair it he may plead in barr in a writ of wast that it fell by tempest though he cannot plead it in a writ of Covenant 40. Ed. 3. fol. 6. If a Farmer build a house where there was none before the Lease and suffers that to decay it is wast 11 Ed. 2. Statham 12 H. 4. fol. 6. the same 42 Ed. 3. fol. 21. the
Dover is a Tenure in cheif See Littleton 23. See 5 Ed. 4. f. 127. 19 R. 2. Tit. 185. Guard F. Keeper of a Castle in England is Knights Service for it countervailes Escuage and is of the same nature 8 H. 7. fol. 12. If I hold of the King and he grants the same Service to me yet I shall hold of the King for all is held of the King mediately or immediately Magna Charta chap. 20. See there for keeping of a Castle 38 H. 8. Tit. 60. B. Livery where the Heir was in Ward to the King and come to full age there he shall sue Livery out of the Kings hands and the first Seisin is where the Heir is of full age at time of the Death of his Ancestor and where his Tenant holds in Socage in cheif and dies 10 H. 7. f. 23. If one hold of the King to inclose a Park he may by his Grant after reserve for that six Marks and the King is not bound by the Statute of Westminster the third It is held 21 Ed. 3. fol. 41. The King gives the honour of Barkhamsted to the Prince and his Heirs Kings of England and so it seems that Lands held of that Honour seems to be held in cheif yet Magna Charta is that Honour is not properly in cheif 26 H. 8. fol. 10. By Fitzh Lands in the County Palatine of Lancaster held of the Dutchy the King there hath kingly Rights and there Livery shall be sued 17 H. 8. fol. 31. Tenant of the King in cheif makes a Gift in Tail without licence the King may choose the Donee or Donor for his Tenant And if Tenant of the King before the Statute of We m. 3. make a Feoffment the King may choose the Feoffee or Feoffor for his Tenant 4 H. 6. f. 19. 33 H. 8 Tit. 94. B. in the Exchequer 3 Ed. 3. Rot. 2. It was found that a man held of the King in cheif as of his Honour of Raleigh and it was taken no Tenure in cheif but a Tenure of an Honour otherwise it is if the Honour be annexed to the Crown for then the Honour is in cheif And in the year 11 H. 7. The Honour of Raleigh was annexed to the Crown and so it is in cheif But where the King gives Lands to be held of him by Fealty and two pence for all Services that is Socage in cheif for it is of the Kings person and contrary if it were to be held of the Mannour of B. 24 Ed. 3. Tit. 19. He which holds of the King by Service to finde a Man to serve in the War by forty Dayes at his own Charge this is great Serjeanty Tit. 69. Br. That a Tenure to finde one Horse and such like is but small Serjeanty for it is not corporal Service 44 Ed. 3. f. 45. The King gives the Fee-farm of a Town that is such a Rent to be held for term of life and after confirmes to him and to his Heirs to be held by the Services due and this is held Knights Service of the King for the most high and better shall be taken for the King and by Fitzh 263. B. it appears that Rent may be held of the King by Knights Service in cheif as well as Land c. 10 H. 6. f. 12. Rent lies in Tenure of the King 14 H. 6. f. 12. If the King grant Land to me in Fee to be held as freely as the King is in his Crown yet I shall hold of the King and if I alien without licence I shall make Fine for this is vested in the King by his Prerogative and shall not pass out of his Person by general words by Paston in the end of the Case 45 Ed. 3. fol. 6. By Finchden if my Tenant infeoff the King and takes back of the King to hold of the King yet he is my Tenant in right and shall hold of the King also But inquire of the Tenure of me for the Tenure was once extinct by the Kings Possession 29 H. 8. Tit. 61. B. If the King purchase a Mannour which J. S. holds the Tenant shall hold as he held before and he shall not render Livery nor first Seisin and he shall not hold in cheif and it is said if the King grant the Mannour to W. N. in Fee except the Services of J.S. Now J.S. holds of the King as of the Person of the King and yet he doth not hold in cheif but as he held before for the act of the King shall not prejudice the Tenant 31 H. 8. Tit. 70. B. Lord and Tenant the Tenant is attaint of Treason by Act of Parliament and so forfeits all his Lands and after is pardoned and restored by another Act of Parliament to have to him and his Heirs as if no such Attainder or former Act had been now he shall hold of a common person as before and yet once the Tenure was extinct 3 H. 3. Tit. 94. B. Where the King gives Lands to be held of him by Fealty and twelve pence for all Services this is Socage in cheif for it is of the Kings person 23 H. 3. Tit. 148. Guard F. If a man holds of the King to go with him in the Army against Scotland in the Vanguard and in his Return in the Rereward and so if he hold to give to the King Hornegild which is said Cornage it is great Serjeanty 38 H. 8. Tit. Livery 60. The Heir of him which holds of the King in cheif in Socage shall not pay first Seisin to the King for all his Lands but onely for those Lands held in Socage in cheif contrary of him which holds in Knights Service in cheif and where he holds in Socage in cheif the other Lord shall have Ouster le main with Issues 2 Ed. 4. fol. 6. Land is given in Tail to be held of the cheif Lords these words to be held c. are void and he shall hold of the Giver Where there is Lord and Tenant if the Tenant be disseised and the Disseisor dieth seised and his Heir is in by Discent the Lord ought to advow upon him but if there be Lord and Tenant and the Tenant infcoffs another which doth not give notice to the Lord now the Lord during the life of the Feoffor may take him for his Tenant or the Feoffee at his pleasure 4 H. 6. f. 19. 3. Book of Assise 8. Lands is given in Tail without saying of whom to hold the Donee shall hold of the Giver and if a man before the Statute of Quia Emptores give in Fee without saying of whom to hold the Feoffee shall hold of the Feoffor Littleton f. 5. 16 Ed. 3. Statham fol. 23. If Lands be given in Tail to be held of the Lord this to be held is void and the Lord ought to avow upon the Feoffor 5 H. 7. fol. 35. Mesnalty lies in Tenure by a Mesne contrary of an Advowson appendant 1 H. 4. f. 1. the same 33 H. 6. f. 34.
petty The every one shall forfeit his Goods but not his Lands at this day 8. Ed. 2. Coron 406. 22. Book of Assises 41. the same 27. H. 8. fol. 27. If Tenant in Tail be attaint of Felony or Treason he shall forfeit his Goods but his Issue shall have his Lands but by the Statute of 5 6. of Ed. 6. chap. 11. For high Treason Tenant in Tail shall forfeit his Lands 7. H. 4. fol. 33. By Outlary in Debt or Trespasse the outlawed shall forfeit his Goods but not his Lands but the King shall have onely the profit of his Lands 21. H. 7. fol. 7. Yet the party outlawed may make a Feoffment and it is good 9. H. 6. fol. 52. verbatim One killeth a man and flies therefore his Goods are presently confiscated and see Stamford fol. 183. Upon a making flight found though afterwards he be acquited he shall forfeit his Goods 8. Ed. 2. Coron 390. If an accessary before the Felony fly he shall forfeit his Goods but otherwise of him that is accessary after the Felony Stamford fol. 47. the same 4. H. 7. fol. 19. VVhere in arrest for Felony one is slain in flying the arrest he which is slain shall forfeit his Goods and yet he was not attaint Stamford fol. 46. Lands which a man attaint hath at the day of the Felony done are forfeited but no Goods but those which he hath at the time of the Judgement By an Outlary in Felony he shall forfeit his Chattels but if one give them before the exigent they are not forfeited 47. Ed. 3. fol. 24. A man attainted for Felony shall forfeit his Lands which he hath at the day of the Felony done otherways it is of his Goods for if he sell them before the attainder the sale is good but note that they are not given by Covin to defraud the Queen for then the Gift is not good as I intend 33 Ed. 3. Tit. 30. To the Goods of one attaint it shall have relation but to the Judgement and Conveyance of them before is good by Perkins fol. 6. If one commit Felony and is attaint and in the mean time betwixt the Felony made and the attainder he departs with his Goods this Gift is good Stamford fol. 48. the same Stamford fol. 192. The Town where the Goods of Felons and Fugitives are shall answer for them always and the Sheriff may seise the Goods but not carry them away till he be attainted for he shall have them to live upon Stamford fol. 47. And that no Sheriff Rastal forfeiture 14. Bailiff of a Franchise nor other person ought to take or seise Goods of any person arrested and imprisoned before the same person be convict or attaint of Felony according to the Laws or that the same Goods be otherways forfeited upon pain of double value to the party greived and note who is the party greived and that is they in Prison and not out but he cannot seise his Land 1 R. 3. chap. 3. By Hull where a man is indicted of Felony his Goods shall not be removed out of his house before he be attainted for he shall live of his Goods 7. H. 4. fol. 48. Officer ought not to seise Chattels of a Felon before attainder but to sequester them that they shall not be stolen and to make the party finde Surety that they shall not be conveyed away and if he do not to put them into the hands of neighbours to keep 43 Ed. 3. fol. 24. See Stamford 192. for the time of Forfeiture Relation Now for that that diverse Lords of Leets have diverse Liberties and Prâ—viledges and some are by the Kings Grant and some by Prescription let us see what Liberties and things the Lord may have by the Kings Grant and what not and what Liberties and things he may have by Prescription only but not without shewing a Charter and what he may and then who shall have without shewing allowance and who not THe Lord cannot have the Goods of Felons but by Charter and Grant of the King and not by prescription but the Lord may have weif and stray by prescription 21 H. 7. fol. 32. One cannot prescribe to have the Goods of Felons and Fugitives and to have that by prescription without shewing a Charter but to have weif and stray and wreck of the sea he may have by prescription onely 9. H. 7. fol. 20. Abridg. Assises fol. 78. 2 Ed. 3. Fitzh Coron 241. One may have in fangtheef that is to say to have Theives taken within his Lordship to be adjudged in the Lords Court and also out fangtheef that is to say Theives of your own Land to be adjudged in your Court by prescription 46. Ed. 3. fol. 16. A man cannot have the Goods of Outlaws unless it be by Charter Abridgement of the Book of Assises fol. 78. Your Lord may prescribe to hold plea and to have that by prescription onely but you cannot prescribe to have Conusance of plea by prescription onely without shewing the Charter of the King 9 H. 7. fol. 10. One may prescribe to have a Park and a Leet and that by prescription onely and may have that without shewing allowance in Eire 1. H. 4. fol. 5. A man cannot have the Chattels of Fugitives without the Charter of the King for it is a thing of the Kings Prerogative 46. Ed. 3. fol. 16. The Abbot of Westminster prescribes to have Sanctuary for Felony and Treason and to hold pleas and could not without shewing a Charter dated before memory to prove the beginning of that and for that that this is against common right he ought also to shew allowance of that after the time of memory but he may have weif and stray and view of Frank-pledge by prescription onely and without shewing allowance but otherwise it is to have the Goods of Felons and Fugitives 2. Ed. 4. fol. 21 22. Note that the things that you may have onely by prescription of common right you shall have without shewing allowance and the other things not without shewing allowance The allowance which you ought to shew shall be that which was allowed in the Kings Bench or in Eire and not in the Common Bench. Ancient grant of the King shall be taken as it hath been allowed as the King hath granted to one his royall Rights and the King is concluded by the allowance in a Quo Warranto in the Kings Bench and not in the Common Bench 10. H. 7. fol. 13 14. Charter of H. 2. dated before memory and allowance of that shewed after memory in the Common Bench it is not good at this day unless it be in Eire 21. H. 7. fol. 29. The Kings Bench is Eire and more then Eire for if the Kings Bench cometh into the County where the Commission in Eire is that shall cease 27. Assise 1. Grant of the King Where the King hath granted to you by his Charter the Goods of Felons and Fugitives what things pass by this
Law is of Fat 's fixed in a Brew-house or Dy-house and at this day is the like of Glasse though there it was held the contrary but it seemeth where the Termor fixeth such things he may take it within the Terme but after the Terme not and the Heir shall have Table-dormants and those things which cannot be attached in Assise Stamford 45. Chattels are as well Chattels moveables as not moveables and Leases and Chattels are the Corn growing and right of Action and an Obligation made to a Felon and Money out of a Bag and Corn out of a Sack are Chattels 10 Ed. 4. fol. 1. It seemeth where one gives all his Goods and Chattels the Charters of the Giver doth not passe See 4 H. 7. fol. 10. 38 Ed. 3. Tit. Charters 24. It seemeth that Charters are but Chattels 8 Ed. 4. fol. 4. If one give to me a Deed of Feofment whereof I have not the Land this is but a Chattell in me 21. Ed. 4. fol. 80. Writings may be laid to pawn for Money borrowed by which it seems that Writings are Chattels in divers Cases 37. Assise 11. A Woman hath Execution by Statute-Marchant of Land and takes a Husband this is a Chattell and for that the Husband may give it 24. Fd. 3. Tit. Charters 5. by Thorp The Escheator may seise the Ward though there be no Office found for it is a Chattell and vested in the King without an Office 4. H. 7. fol. 10. Where Tenant in Tail discontinues and dies the Deed in Tail belongs to the Heir before he hath re-continued his Estate in the Land and it is no Chattell but an Inheritance for if one give all his Goods and Chattels he shall not have such Deeds Now let us see that the not using of Priviledge and Liberty is the cause of ceasing of that and where not I intend not using of Liberty which is for the benefit of the party this is no cause of ceasing but where it is for the Common-wealth not using is a cause of ceasing and mis-using is a cause of ceasing for ever IF one have Liberties and do not use them within memory all is gone 14. H. 7. fol. 1. Not using of the Office of Clerk of the Market is cause of ceasing for that is for the Common-wealth 2. H. 7. fol. 11. By Billing by mis-using and not using also of Market shall cease 2. H. 7. fol. 11. 15. Ed. 4. fol. 7. Where the Abbot of S. Albans had a Gaol by Franchise and would not be at costs with the Justices of the Gaol-delivery to make Delivery of Prisoners and kept them long in Prison for that it was seised into the Kings hands 8. H. 4. fol. 17. If the Lord of the Franchise refuse to do a thing commanded by the Court as to bring in his Prisoners it is a forfeiture of his Liberty contrary where it is commanded by proceffe by Hussey If a Lord refuse to do right or misuse his Franchise by himself or by his Bailiff or Deputy or do not use his Franchise that shall be reseised and all Lords which have franchises shal attend upon the Justices of Assise in person or by their Bailiffs or otherwise they shall forfeit their Franchises 20. Ed. 4. fol. 5. Confirmation NOte that there need be no Confirmation of a Charter of grant of Liberties after the death of every King as it is used 1. R. 3 fol. 4. But otherwise it is of Officers judiciall 33. H. 8. tit 203. If the King grant the Chattells of Felons to one and dies there need no confirmation of that otherwise if there were a Faire or a Market granted or a judiciall thing or a ministeriall Office granted Suit Then the next branch of Charge is Suitors and for that let us see who are resident which ought to make Suit at the Leet and who not SUite reall is at a Leet Residents and this is by reason of their residence 12. H. 7. fol. 17. Eitzh 160. B. A man which is not resident but hath Lands within the Leet shall not be destreined but where he is dwelling to make sute to the Leet Marlebridge chap. 10 Who have Tenements in diverse Hundreds have no necessity to come to these Turnes unlesse in the Bailywicks where they are dwelling where the Master is resident and also his Servant in some Leet as well the Master as the Servant 2 H. 4. fol. 17. Men of Religion Clerkes Knights nor Women shall not be Deciners Fitzh fol. 160. C. Register fol. 181. Britton fol. 19. It is provided that they have no need to come Rast County 2. Arch-Bishops Bishops Abbots Priors Earles Barons nor any religious Men or Women Marlebridg chap. 10. A man shall not make Suite twice to two Leets of severall men for his residency but one time to one and another day to another he may but one may come twice to the Leet of one person and yet may be charged to come to the Turne of the Sheriffe 18 H. 6. fol. 13. Every man ought to be attendant to a view of frankpledge 21 Ed. 3. fol. 12. For that the not scowring of Ditches adjoyning to High waies and Bridges and also other annoyances in waies are presentable in Leets and is another branch of the Charge let us see how they shall be done and what by the Common Law and what now by the Statutes Waies IF a man have Land adjoyning to the Kings High way he is charged of common right to cleanse the Ditches without any prescription 8 H. 7 fol. 6. but if he be not next adjoyning it is otherwise for there he is not chargable without prescription but it is said that he whose land is next adjoyning to a Bridge Purprestures is not held of common right to repaire the Bridge though the Bridge have been there time out of minde unlesse he have that made by prescription Magna Charta Rastall Bankes 2. Bridges Rastall Bridges 1. chap. 15. No Town nor Free-man shall be distreined to make Bridges unlesse that of old they use to make them in the time of King H. our Grand-Father the Statute of 22 H. 8. chap. 5. Gives power to the Justices of Assise to determine the making of Bridges where it cannot be held and proved what person certaine ought of right to make such decaied Bridges and what shall be made by the Inhabitants or riding where such decayed Bridges are by which it appeares that he which hath Land adjoyning to a Bridge is not chargeable to make the Bridge unlesse it be by prescription 2 Ed. 4. fol. 9. By Moyle if any incroachings be made over the Kings Way as by a Ditch House or Wall it shall be punished by presentment in the Leet and I collect upon the opinion of this book and upon 8. Ed. 4. fol. 9. And upon 27. H. 6. fol. 9. and upon 6. Ed. 3. way 2. Where a Lord of a Mannor hath Land upon both parts of a High way that he
Affraies and blood-shed but not if one hath broken my Close or if one hath beaten me but if any Affray were so that the Kings People were disturbed for that is more then particuler 1 R. 3 fol. 1. If one come to make a Boothe and doth it not and yet one maketh a Fray upon him and upon him draw blood with his Sword or Dagger it is punishable by presentment in Leet 11 H. 6. fol. 29. If one assault to beat you and you fly and he inclose you or if you be at Hedge or Ditch and then you beat him and wound him this is not punishable in a Leet 34 H. 6. fol. 8. and 33. H. 6. fol. 20. If J. S. makes an Assault upon a Stranger and J. D. draws his Sword and beats and wounds J. S. in defence of the Stranger this is punishable by a presentment in a Leet But if a Servant beat and wound one which maketh an assault upon his Master in defence of his Master he is not punishable by presentment in Leet 12 H. 8. fol. 3. and 9 Ed. 4. fol. 51. If one lay his hands unlawfully upon any unlesse that he arrest him or part two that fight he is a trespassor but that is not punishable by presentment in Leet 9 Ed 4. fo 3. If one beat one in defence of his Goods this is not punishable in a presentment in Leet Booke of Entries fol. 553. and 19. H. 6. fol 21. Trespss of Assaults and Fraies TRespass by a Chaplain of Grayes Inne the Defendant pleads of his own Assault and it was held if he upon whom the Assault is made can escape with his life it is not lawfull for him to beate the other which made the Assault but it is held that I ought not to stay till the other hath given me a blow for paradventure he commeth too short 2 H. 4. fol. 9.10 Ed. 4. fol. 7. Trespasse of Grassetrod and threatning of life and member a man cannot justifie the menace of death and for that to that he pleads not guilty 21 H. 6. tit 26. the same 33 H. 6. fol. 20. Trespasse of Threatning by Prisot I cannot threaten one of Life and Member but if he upon whom the Assault is made fly and the other followeth him so neere that he cannot escape or hath him under him upon the Ground or hath chased him to a Wall Hedge Water or Ditch there it is lawfull for him to say if you will not depart that he to save his Life will kill him 3 H. 4. fol. 8 Trespasse of Assault Imprisonment and Battery Defendant plead to the Battery not guilty and to the Assault that the Plantiff came to such a River where the Defendant had a Mill and would have stopt the River and the Defendant took him by the Arme without that that he made other Assault and to the Imprisonment the Defendant pleads that the Plantiff Assaulted him and would have beate him by which he prayed the Constable to arrest him and he came in aid of him judgment if action and good 22 H. 6. fol. 48. Trespasse of a Servant beaten and Entry into his House yeare 7 H. 6. Defendant saith that yeare 8 H. 6. he served a Subpena upon the Plaintiff and that the Plaintiff and the Servant took him and carried him to his House and there deteined him half a day which is the same Trespasse and to any Trespasse before not guilty to the Battety of his Servant which was of his Assault at another day and to any Assault before not guilty Bracton saith he is not worthy of Peace which will not keep it Stamford fol. 30 a. 40 Ed. 3. fol. 40. Trespasse of Assault and Battery and found the Assault only and Plaintiff recover but shall not have action of Assault only 42 Ed 3 fol 7 the same and see 22 Assise 60. 9 Ed 4 fol 30 Trespasse of Battery it was held that if a man will take my goods I may lay my hands upon him and rather beate him then suffer him to carry them away 19 H. 6. fol. 33 the same that he may beat one in defence of his Goods 19 Ed 4 fol 189 Trespasse of Battery a man may Justifie the beating of another in his defence but by Catesby a man cannot beat another in defence of his Son but a Servant may beat one in defence of his Master or Mistris 21 H 7 fol 39. the same Mortmaine Mortmaine is inquirable in a Leet for that it is for the benefit of the King and in the Kings Court What is Mortmaine within the Statute and what not WHere one Abbot aliens to another Abbor or Bishop to another Bishop and his Successor it is Mortmaine Fitzh fol 222 D. 16 Assise 1. VVhere Land is divised to one to pay twelve pound to finde two Chaplaines for ever to sing in the Church of Saint Albanes in Wood street for ever if it be behinde that the Chaplaine may distraine that is Mortmaine see 32 Ed 3 10 and 40. Assise 29. J. S. deviseth certaine Land to his Executors that they should provide a fit Chaplaine in the Church of D. to celebrate for ever which Chaplaine shall receive yearly out of the aforesaid Lands six markes that is no Mortmaine for nothing is divised to the Chaplaine 4 Assise 27.43 Assise 27. Foure Acres were devised to one in Fee so that he and his Heires should pay yearly six pound for the maintaining of one Chaplaine to celebrate yearly for ever in the Church of Saint Leonards in Estcheape and that the Rector for the time may levie it for ever that is Mortmaine 43 Assise 33. J. S. deviseth Land and two shillings Rent for the maintaining of a Chaplaine in the Church of D. yearly to celebrate and I will that my Executors should ordaine the aforesaid Chaplaine and the Executors do nothing therefore no Mortmaine 43 Assise 34. If a Villain of a Bishop purchase Lands in Fee and the Bishop enter without license it is Mortmaine 41 of Assises 4 Fitzh 224 B. 41 Ed. 3. fol 16. If a Feoffment be made to the use of a Bishop and his Successors it is within the Statute De religiosis and so it is where he takes profits 8 Ed 4. fol. 18. A Bishop cannot appropriate an Advowson of which he is seised in Fee without the Kings license and if he doth it is Mortmaine Fitzh 223 H. see 21 Ed. 3. fol 5. seemeth contrary If one let to a religious man for a hundred yeares and so from a hundred to a hundred during eight hundred yeares this is Mortmaine but it seemeth that a lease to a Religious man for eighty years or for a hundred yeares is no Mortmaine but in the first case it is by colour of a Tearme and Mortmaine 29 H 8 Mortmaine 39. Lease for eighty years to an Abbot by Martin is Mortmain Quere 4 H. 6. fol. 9. The Tenant lets for life to J. S. the Remainder to a Religious and his Successors the Lord need
persons which were common breakers of hedges and other bribers which live in others houses idly or live suspect The Oath of the Reeve or Bayliffe YOu shall sweare That you shall well and truly serve our Lady the Queen and the Lord of this Mannour in the Office of Reeve or Bayliffe of the Mannour for this year to come and you shall well and duly collect all such Rents Revenues and other annuall Profits as shall be chargeable and issuing out of the same Mannour to you And of that you shall make and give a lawfull account at the end of the same year and in every other thing belonging to your Office well and truly to discharge in your Office during this year to come So help you God c. The Oath of the Greve or Hayward or Beadell YOu shall swear That you shall well and truly serve the Queen our Soveraign Lady and the Lord of the Mannour in the Office of Greve Beadell or Hayward of this Mannour for this year to come and you shall duly and truly execute all such Attachments and other Processes as shall be directed to you from the Lord or Steward of this Court and you shall present all Pound-breaches which shall be made within your Office and also all Cattells Strayes and Waifs and in every other thing well and truly hold you in the same Office So help you God c. Oath of a Desiner YOu shall swear That you I.S. from this day forward shall be faithfull and loyall to our Soveraign Lady the Queen c. and to her Heirs and shall keep unto her faith and loyalty of life and of member and of earthly honour and that you shall not conceal any ill or damage intended towards them nor hear any ill of them which you shall not defend them in to your uttermost power So help you God Britton fol. 74. gives that Oath of Affirors YOu shall swear That you will well and truly tax assess and affier all the Amerciaments presented in this Court and in doing of that you shall not spare any for love feare nor affection nor raise nor inhaunce any more greivous then shall be reasonable according to their deserts made and not more nor less nor for envy nor for love assess or affier but upon every one severally according to the quantity of their offences made and not otherwise So help you God c. Oath of the Fealty YOu shall swear That you shall be faithfull and loyall and loyally and faithfully shall carry your selfe to the Lord of this Mannour for the Lands and Tenements which you claim to hold of him and you shall well and duly pay to the Lord of this Mannour and his Heirs from time to time all such Rents Duties Customes and Services that you ought to pay and make for the same Lands at the times appointed So help you God c. Oaths of the Aletaster YOu shall swear That you shall well and truly serve our Soveraign the Queen and the Lord of this Court in the Office of Aletaster or assise within this Lordship for this year to come and you shall well and duly see from time to time that the sale of bread brought to be sold be duly weighed and that it contain such weight according to the prizes of grain as by the Statute is provided that is to say according to the prizes of Corn in the next Markets Also you shall have diligent regard during the time of your Office to all the Brewers and Tiplers within your Office that they and every of them make good and wholesome Ale and Beer for mans body and that they do not sell any before it hath been tasted by you and then to be sold according to the prizes limited and rated by the Justices of Peace and all defaults committed and done by the Bakers Brewers and Tiplers or by any of them you shall present at the Court here by which punishment may be ministred unto them for their offences and in every other thing you shall well and truly behave your selves in your Office for this year So help you God c. The Oath of the Constable YOu shall swear That you will well and truly serve the Queen and the Lord of this Lawday and you shall indeavour that the Peace of our Soveraign the Queen well and truly according to your power be kepr and you shall arrest all which you see making Riots Debates or Frayes or breaking the Peace and you shall well and truly indeavour your selves according to your knowledge that the Statute of Winton for Watch Hue and Cry and the Statutes made for the punishment of sturdy Beggers Vagabonds Rogues and other idle persons coming within your Office that the Offenders be punished and you shall indeavour your selves upon complaint to you to apprehend Barretors and riotous persons making Frayes and also apprehend Felons and if any of them make resistance with force and multitude of Offenders you shall make out-cry and pursue them till they are taken and you shall look to such persons as use unlawfull Games and you shall have regard to the maintenance of Artillery and you shall well and duly execute all Processe and Warrants sent unto you from the Justices of the Peace of the County and you shall make good and faithfull presentment of all bloodsheds out-cries affrayes and rescues made within your Office and you shall well and duly according to your power and knowledge do that which belongs to your Office of a Constable to do for this year to come So help you God Constables And for that that the Constable is here chosen and sworn that is inquirable here if he do his Office and for that let us see what authority a Constable hath and what he ought to do AT the Common Law before the making of the Statutes by which Justices of the Peace were ordained to keep the Peace The cheif Justice of England was appointed by the King and he hath authority and he was ordained to determine matters touching the Crown and for conservation of the Peace throughout the Realme and he for that is the cheife Justice of the Peace Also by the Common Law before there was any Justice of Peace Constables of every Town were keepers of the Peace within their Townes If any be threatned upon complaint to the Constable he may inforce the party to put in a Suerty and if he do not commit him to prison till he hath found a Suerty 4 Ed. 3. Barr. 102. If any be strucken and in perill of death the Constable ought to arrest the Offendor and to keep him in Prison till it be known if he will live or dy or till he have found Suerties to appeare before the Justices at the Goale-delivery If Felons or Murderers be in a Town and the Constable hath notice of that it is his Office and duty to raise People to take them 1 R. 3. chap. 3. And if any Felon be taken it is the Office of the
preserved and you shall live in quiet and hold your Goods Lands and Lives in peace and quietnesse and you shall be accounted after this life among the Saints of God and shall have life eternall and over that observe you that I may by the Law charge another Jury immediately to inquire of your concealments and perjuries and that you shall finde by putting great Fines and Amerciaments upon you and imprisoning your bodies And to conclude first now if you remember your duties to God as I have said that will move you to keep your Oathes and the love that you owe to the Common-wealth with consideration of your selves wives sonnes and posterity and the fear of God and regard of honesty and all these well considered then you will present justly and truly the things which I shall give to you in Charge and I make an end and the Articles of your Charge follow Then followeth the Charge in Court Baron The Charge in Court Baron FIrst you ought to inquire of all persons which owe Suit to this Court and who make default and present their names and you ought to note that all such persons which hold any Land of the Lord by Suit of Court in what place they dwell and of what age he is that should make Suit to the Court or otherwise he ought to be amerced and Amerciament is by custome for by the Common-Law they shall be distrained and that is called Suit-service and that is by reason of the Tenure and if any such person which oweth Suit to the Lord be in Ward to the King neverthelesse he may be amerced for not making Suit to the Court of the Lord but the Lord cannot destraine for this Amerciament during his Wardship yet after Livery the Lord may destraine for the whole Amerciament And if there be two Coparceners Coparceners Joynt-Tenants for which one Suit ought to be made the eldest sister ought to make the Suit onely and the other shall be contributary Fitzh 159. B. And so it is of Joyn-Tenants the Suit may be made by agreement by one and the other shall be contributary by Marleb chap. 9. but if one holds twenty acres by Suit of Court and alien that to twenty severall persons by the Statute of Quia emptores terrarum every one shall make Suit severally 2. Rastal Suit 1. Also if any Tenant be dead after the last Court or before and his death not presented you ought to inquire what Lands he holds of this Mannour and if they were held by Knights service Ward Releif Soccage or by Copy and what advantage the Lord shall have by his death Scilicet Wardship Marriage Releif Escheate or other Profits and who is his next Heire and of what age and in whose custody he is 3. Also if any Tenant which holds by Knights Service alien his Land by collusion to defeat the Lord of his Ward and other Profits it is inquirable 4. Also if any Tenant which holds by Knights service be disseised and dieth disseised his Heire within age the Lord shall have him in Ward and if any Tenant which holdeth by Knight-Service die his Heire male within age of 21. years the Lord shall have the Land in Ward till the age of 21 years and also his Marriage unlesse he be married Littleton fol. 19. 5. If the Father which holds in Knights Service marry his daughter within age to a husband of full age and dies the Lord shall not have the Wardship of the Land and if she were of full age the Lord shall not have the Wardship of the Land but if she were within age and marry to a husband within age the Lord shall have the Land in Ward till the age of 14. years Natura brevium fol. 98. But if such Tenant die his heire female being of the age of 14. years or more and not married she shall not be in Ward nor her Land but if she were within age of 14. years and not married she shall be in Ward of Body and Land till the age of 16. years and if she were married in the life of her father within the age of 14. years her land shall be in Ward till the age of 14. years and no more Littleton fol. 19. 6. And you ought to note that there is Knights Service of a common person that is where one holds of his Lord by Homage Fealty and Escuage that is to say when it is assessed to more more and when to lesse lesse Littleton fol. 19. and where one holdeth by keeping a Castle or by blowing a Horn that is Knights service 7. And Soccage Tenure is where one holds by Homage and Fealty or by Fealty and Rent or by Homage Fealty Rent and by Suit of Court for all manner of Services or in Burgage and if such Tenant die his issue within age of 14. years then the next freind of the heire to whom the inheritance cannot descend shall have the Ward of the Land and of the Heir till 14. years and then give an account to the Heir of the profits taken but this Gardian shall have his reasonable allowance for his costs and expences Littleton fol. 22. See Natura Brevium fol. 97. 8. Releife by Soccage is as much as the cheif Rent is by the yeare which he payes to his Lord and this is due forthwith after the death of his Tenant in Soccage so that the Heire be past his age of 14. yeares Littleton fol. 24. 9. And if Land be held by Knight Service and his Tenant dies his Heire of full age the Releif is due to the Lord and if he hold by an intire Fee of a Knight the Releife is one hundred shillings and if he hold by the halfe of a Fee fifty shillings and so according to the rate Littleton fol. 21. and all these profits are inquirable 10. Also if any Rent Custome Rent not paid or Service be withdrawne which ought of right to be made by whom it is with-drawne and what Custome and Service it is and in what Bailiffs time it was with-drawne and where the land is that the Lord may distrain for the Arrearages and what Rent that is and how many years it hath been with-drawn 11. Lands concealed Also if any Land of the Lord be withdrawne or used by any without license of the Lord by whom it is and how much Land hath been so used and of what value by the yeare that is is inquirable 12. Also if any Villaine of the Lord be and what Goods Villaine Chattels and Lands he hath what estate he hath in them that the Lord may seise them and what other things he hath And if any Villaine withdraw his Goods out of the Lordship without license of the Lord or if a free man marry a Villain woman without the license of the Lord it is inquirable Note If a Villaine purchase Lands and doe not alien them before the Lord enter into them the Lord shall have them
Otherwise it is if the Villaine alien them before the entry of the Lord the same Law is of Goods Litt. fol. 33. â—but the Lord cannot seise the Goods which a Villain hath as Executor Litt. fol. 35. If a Villain be made a Chaplaine Secular the Lord may seise him as his Villaine and his Goods but otherwise it is if he enters in Religion Or if a Free man espouse a Villaine Woman without the license of the Lord or by that this is inquirable If a Villain dwell in ancient Demesne of the King which is in the Kings hands and hath dwelt there by a yeare and a day the Lord cannot seise him nor shall have a Writ of Nativo habendo so long as he dwelleth there But if the Lord claime him within the yeare that hee cometh into ancient Demesne and so makes his claime within every yeare and 〈◊〉 day then the Villain shall not take advantage by his being there and if the Villaine dwell in another Mannor of ancient Demesne which is in possession of another then the King the Lord may seise him Fitzh fol. 79. a. and from thence-going that the Lord may make his claime if he goe in ancient Demesne is inquirable Also if any of the Tenants of the Lord be dead without Heire generall or speciall Escheat then the Lord shall have his Lands by Escheat or if any Tenant seised in Fee be attaint of Felony by Outlawry Verdict or otherwise the King shall have yeare day and waste and after the Lord by Escheat and is inquirable Or if a Bastard purchase Land and dye without issue of his body the Lord shall have his Land by Escheat And note That none shall have Lands of Fee-simple as heire to any man unlesse he be heire of the whole blood Littleton fol. 2. And if the Tenant be disseised and dyes without heire the Lord shall have the Escheat 14. Common Also if any which hath no Common without number charge the Common with more Beasts then he ought to doc according to the quantity of his Land or if he which hath Common appendant not Common appurtenant put into the Common Beasts which are not commonable as Hogs Goats and Geese or if any digg in the Common unlesse it be for Gravell for the high waies and fill it againe or maketh other trespasse in the Common or use the Common in any other manner without the license of the Lord but to take his Common with the mouth of his Beasts or if any digg Turffs or make other trespasse upon the waste or build any house or make inclosure of any part of it it is inquirable 15. Also if any Tenant within this Mannour Rechasing which hath two Farmes one of them within this Mannour the other within another Mannor and at the time when the Feilds and Meadows within this Mannour are layd open he brings his Beasts within this Mannor which he hath kept upon the Farme of another Mannor and by this surchargeth the Tenants within this Mannor this chasing and rechasing is inquirable 16. Mortmaine Also if any Tenant of this Mannor hath aliened any of his Lands in Mortmaine that is to a Religious house or to a Bishop Parson Vicar and to their Successors or to any other Corporation where that shall go in succession that is to say To them and their Successors without the license of the King and the Lord of the Mannor it is inquirable That the Lord may make his claime within a yeare according to the Statute Note That by the Statute of Religiosis the Lord may enter within one yeare after the alienation and if the cheife Lord immediate be negligent and doe not enter upon this Fee within a yeare then it is lawfull to the next Lord of that Fee within the halfe yeare following to enter and at the last the King And if any make a Feoffment to one to the use of a House of Religion or to the use of a Company or Brother-hood this is Mortmaine The same Law is where one exchanges with a Corporation that is Mortmaine also if any religious person hold of any man by Rent-service and the Lord releases to him this is Mortmaine 17. Who is Tenant Also if any Tenant by Charter alien his Land and hath not given notice of that to the Lord and the Alienee hath not made fealty to the Lord nor Suit of Court that the Lord may have knowledge who is his Tenant it is presentable for that he may know upon whom to make his avowry and of whom to have his Services and Escheats 18. Waste Also if any Termor for years or for life of any parcell of the Demesnes of the Mannor hath made waste in any House Lands Woods or Gardens you shall present that or if any holds two Tenements and hath wasted one as if he remove Trees from one to the other that is waste 19. Trespasse Also if any Trespasse be made in any Demesnes of the Lord that is to say In the Corn Grasse Meadowes Pastures Wood Hedges Waters or if any Fish within his Rivers or Waters or if any Hauk or Hunt within the Demesnes of the Lord without his license or within his Warren these are presentable 20. Trespasse Also if any take any Hony or swarms of Bees within the Demesnes of the Lord or take any Haukes or Aeiry of Haukes these are inquirable 21. Also if any Bailiff or Officer make any arrest for Rent Rescous Custome or Service due to the Lord and Rescous to him is made you ought to present the name of him which made the Rescous and where and when it was 22. Pound breach Also if any distresse be put in the pound of the Lord and be taken out without authority of Law this is a Pound-breach and is inquirable 23. Removeing meer-stones Also if any remove or take away any meerstones or stakes between this Lordship and another or between Tenant and Tenant you ought to present that 24. Encroch Also if any hath incroached any of the Lands of the Lord scilicet Land Meadow Pasture Wood Furse Moore or any other vacant Land without the Lords license by burning his Hedges Pale or otherwise that is inquirable Note that all the void Land and Waste within the Mannor is to the Lord of the Mannor 25. Also if any within this Mannor Husbandry suffer any House of Husbandry with which was occupied twenty Acres of Land to decay and to take from it any Land the Lord of whom this is held Rast Husb. 1. and 6. shal have the halfe of the profits of this to his owne proper use till that be maintained again for Husbandry 4 H. 7. chap. 19. and 5 Eliz. chap. 2. and that for the benefit of the Lord is inquirable 26. Also if any Tenant hath inclosed any Land Common and keeps that in severalty which was wont to lye open without the license of the Lord and
and it seemeth I have not seisin to maintaine an action of my owne seisin in the Lords Court unlesse I be Tenant to the Lord and that is where I am admitted for by the admittance of the Lord it shall be said The Lord hath granted seisin and he is admitted Tenant And by this he is Tenant to have an Assise and not before yet before he may take the profits though there be no Court to he admitted for it was no folly in him but may have his action at the Common Law upon the possession of his Ancestour which was admitted though I were not admitted And so where my Father dyeth seised of a Copi-hold in Fee and I am admitted and after another makes claime to it and is also afterwards admitted and enters he cannot have a Plaint in nature of an Assise of novell disseisin against me for 26 H. 8. fol. 3. If one he admitted instituted and inducted to a Benefice and after another be presented and outs him he shall have an Assise or a Trespasse but he presented cannot And so if there be Grandfather Father and Son and the Grandfather was admitted and dyes and the Father enters and dyes before admittance the Son in this case shall have a Plaint in the nature of a Writ of Ayell and not an Assise of Mortdancester And by the Statute of 32 H. 8. chap. 2. it is Enacted that no person shall sue have or maintaine any action for any Lands or Tenements upon his owne possession above thirty yeares next before that began If the Lord of a Mannour grant by Copy the Tenements of a Copi-holder without lawfull cause in Fee or for life and the Grantee enter hee which hath right may have an Assise against the Grantee if he were first admitted As the King by his Letters Patents grants to another my Land and the Patentee enter by force of this Grant I shall have an Assise If a Copi-hold discend the heire shall have a trespasse at the Common Law before admittance as above Seisin of Assise What Seisin is sufficient to have Assise and what not THe Warden of an Hospitall shall have an Assise of Rent where his Predecessor was seised and not he himselfe for the seisin of the Predecessor is the seisin of the House 15 Ed. 3. Tit. 39. accordingly of an Abbot and Prior Fitz. fol. 179. c. and 8. As 16.3 As 5. according also of a Chauntry Priest 34. As 5. Assise is not maintainable against him which hath but a free hold in Law for of that seisin an Assise doth not lye and yet of that seisin a Wife shall be endowed Litt. fol. 152. If a man which hath a title to enter set his foot upon the Land and is outed that is a sufficient Seisin to have an Assise 22 Ed. 3. Br. Seisin 52. If one put in his Beasts to use my common by my commandement this is a sufficient Seisin for me to have an Assise 45 Ed. 3. fol. 25.22 Assise 84. Reversion is granted to J. S. and the Tenant for life attorne and dies and J. S. enter by the Windowes for that he cannot enter by the doore and when one half of his Body was in he was pulled out and yet that is a sufficient Seisin to have an Assise 8 booke of Assises fol. 25. Seisin of Fealty is not sufficient Seisin to have an Assise of Rent but it is sufficient Seisin to make Avowrie for all that is as well for the Rent as for the Fealty 44 Ed. 3. fol. 11. by Thorpe 3. Ed. 3. Tit. 40 3. Ed. 3. Journey to Norfolk 20. H. 3. Tit. 433. 49. Ed. 3.15 and 45. Ed. 3 28. A Lease is made for life reserving foure Markes Rent and the Lessor is seised of twenty shillings of that and taketh distresse for the remainant and Rescous is made and though but twenty shillings be received yet that is a sufficient Seisin to have Assise of all 8 Ed. 3 fol. 12. Tit. 141.8 Ass 4.5 E. 4.2.12 E. 4.7 If the Lord of a Rent service grant the service to another and the Tenant attorn by a penny and after the grantee distrains and the Tenant makes Refocus here was no Seisin to have Assise of Rent but if the gift of a penny had been in name of Seisin and attornment otherwise it is 5 Ed. 4. fol. 2. Littleton fol. 127. b. Lord and Tenant are the Lord grants the Rent of his Tenant by a Deed to another saving to him the services and the Tenant attorns to that this is Rent seck and if the Rent be denied at the next day of payment he hath no remedy but if the Tenant when he attornes or after will give a penny or a half penny in name of Seisin of the rent then if after the next day of payment the Rent be to him denyed he shall have an Assise and that is a sufficient Seisin to have an Assise for all the Rent Littleton fol 42. Seisin of parcell of Rent is sufficient to have Assise of all the Rent 8 book of Assises 4. Seisin of Fealty is not sufficient Seisin to have an Assise of Rent but Seisin of Escuage is Seisin of Homage 21 E. 3. fol. 52. Nat. Brevium fol. 109.5 Ed. 2 Avowrie 209. Using of common by Tenants at will is sufficient Seisin for him in Reversion to have Assise of common If he or his Tenant at will be disturbed 22 Assise according Fitzh fol. 180. By Brudnell of a thing transitory a man shall be in possession without seisure as my Tenant dies his Heire within age I shall have a Ravishment of ward without a Seiser but I shall not have an ejectment of ward of Land which is locall nor Assise of Land without first having possession indeed 14 H. 8. fol. 27. If one recover and be put in by a Clod in the half by the Sheriff and he against whom the recovery was will not go out yet that is a sufficient Seisin to have an Assise 2 Ed. 2. Tit. execution 119. If a man holds of the King in cheife and holds other Land of another Lord and dies his Heire within age which intrudes at his full age and paies his Rent to the Lord this is a good Seisin to have an Assise notwithstanding that he hath not sued Livery for the Signiory was not suspended by the possession of the King but only the distresse for after Livery the Lord may distraine for his Arrerages 34 H. 8. Tit. 48.47 Ed. 3. fol. 12. and 13. H. 7. fol. 15. Pleas of Assise by Bailiff Also it is expedient for you to know what Pleas the Bailiff in Assise shall plead and what the Disseiser and what the Tenant after the Bailiffe hath pleaded BAiliff may plead a Plea which is triable by Assise and none other 6 H. 7. fol. 15. Pleas of a Bailiff ought to be such which are triable by the Assise and for that he cannot pray aid of the King 8. H. 7. fol. 12. and 1. booke of
tenant praies the Assise upon the title and upon that the Assise is awarded the Assise cannot finde other title for the Plaintiff but he may finde matter which may stand with the same title to inforce it but if the title be traversed he cannot finde another title but only the point put in the Assise 28 book of Assises 17. An Act of Parliament Fine or Recovery are of such a force that if one be bound by them the Plaintif cannot make title to this Land unlesse by reason of a title to him grown of later times As if one recovers against me or my Ancestor and hath execution and after Lenten and dye seised my Heire shall not make him title by his discent against the Recovery without shewing he hath title after the recovery the same Law of a Fine see 10 H. 7. fol. 5.32 H. 6.5 and 33 book of Assises fol. 19. Pleas in Barr and in Abatement IT seems a feoffment of the Plaintif is no Plea in Barr for that amounts to no wrong nor Desseisin 2 H. 4. fol. 20. the same 15 Ed. 4. fol. 11. 18 Ed. 4. fol. 11. A Lease for yeares or for life the reversion to the Plaintif or a feoffment of the Plaintif with warranty and rely upon the warranty is a good Barâ— Abridgment of Ass fol. 31. The tenant may plead that partition was made between the Plaintif and J. S. whose Estate he hath and it is a good Barr. 30 H. 6. fol. 1. Assise the tenant saith that the Lands put in view and in plaint are in another Town and if it be found no tenant of the Free-hold named in the VVrit c. By the Court he shall not have the second Plea for none may say that the Land is in another town but the tenant and so hath accepted the tenancy by his Plea 30 H. 6. fol. 7. Assise the tenant saith that T. B. was seised and disseised by W. W. to whom T. B. made release and against his own Deed disseised W.W. and infeoffed five persons which infeoffed the Plaintif upon which W. W. re-entred whose Estate the tenant seised hath it is good see Pleas in Barr Tit. Abridg. Ass fol. 30. Abridgement Assise fol. 41. If the Plaintiffe choose one to be his tenant of all where he is not the Writ shall abate Abridgement of Assise fol. 42. A man cannot plead in Assise that there is another hanging to which he hath appeared unless that he take the tenancy upon him and for that it is no Plea for the Disseisor Bridgement Ass 44. Death of one of the tenants shall not abate the Assise but for the portion if he be a Disseâ—sor and tenant of another parcell 27 Ass 45.40 Ass 15. Abridgement Ass fol. 43. Assise of tenements in D. and S. the tenant sayes that all is in S. if that be so the Writ shall abate for he cannot abridge a whole Towne but see now by the Statute of 21 H. 8. chap. 3. where he may abridge Abridgement of Ass fol. 45. Assise of Lands in D. is no Plea if there be two Dales for that the Plaintiff shall recover by the view of the Jury 29 Ass 59. Abridgement of Ass 106. Assise tenant pleads in Barr and after the Jury hath the view he leaves his Barr and pleads to the Assise Plaint in Assise PLaint of profits of an Office though it hath no form it shall not abate as first it ought to suppose disseisin and after shall make title and though it were not so it shall not abate 12 H. 6. fol. 22. Plaint of a Croft is good but Precipe of a Croft is not good Abridgment of Assise fol 130. b. and 8 Hen. 6. fol. 3. Time of Ed. 6. Brook tit False Latine and forme 66. Wood was put before Pasture in a Plaint of Assise and exception thereof taken yet good though it were contrary to the Register by the Commentaries fol. 169. Plaint of a Croft and was amended 14 Ass 13. and 25 Ed. 3. tit 25. the same Brook demand 17.34 Plaint of a peice of Land containing in length twenty feet and in breadth ten and is good 14 Ass 13. and 9 H. 4. fol. 3. the same Plaint by the Governour of an Hospitall it shall be of a House and not of an Hospitall 8 Ass 29 and Assise 137. Plaint of two parts of Salt Coot is good ninth Book Ass 12. Plaint of a Garment or thirty shillings though it be uncertaine for that it is according to the Deed it is good 11 Book of Ass 8. Plaint in Assise of a Garden lyeth but not a Precipe 22 Ed. 3. tit 22. 5 Ed. 2. Brook demand 39. and Fitzh breife 797. Plaint was of a Mill and doth not say a water-Mill nor VVinde-Mill yet good 21 Assise 23. Plaint of a Garment and the specialty is of a Garment with furr and the plaint good for the Garment conteines all 22 Ass 10. Where the Plaintiff may abridge in Assise and in what other Actions he may abridge and how IN a VVrit of ward the VVrit is of the custody of the Land and Heire and is not certain and for that he may abridge as he may in assise and VVrit of Dower 39 Ed. 3. Tit. Breif 10. and 32. In trespasse the VVrit is of Goods and Chattells and hee counts of Corne and ten pounds and for that that Money is not Goods and Chattells he abridged it see 8. Tit. abridgment 11. which saith that he ought to expresse the Money in the VVrit and for that he did not he abridged 39 Ed. 3. Tit. Breife 11. In all cases where the VVrit is of a Free-hold and uncertain he may abridge by June as in assise of Dower and a VVrit of ward 14 H. 6. fol. 4. In ward for that the Demand is not certain but of the custody of the Land and Heire therefore the Plaintif counts of the Mannour of D. and twenty acres and the Defendant saith that the twenty acres are parcell of the Mannor the Plaintif may abridge the twenty acres 39 E. 3 f. 10. Brooks abridgment 10. Assise of Land in great Dunmowe and little D. you cannot abridge all in one Town 8. H. 6. fol. 56. Assise and in Dower he may abridge but he cannot abridge a whole Town 14 H. 6. fol. 4. Assise where a plaint is of a Mannor he cannot abridge for that it is entire 19 H. 6. fol. 13.33 H. 6. Tit. abridgment 2. Assise plaint of Rent and Land after that the Tenant hath pleaded in Barr the Plaintif shall abridge in right of the Land 14 Ass 9. Plaint abridge in attaint Rast Assi 17. 35 H. 6. fol. 13. Assise of Common in forty acres the Plaintif cannot abridge for that that the Common is Intire but at this day it is contrary by the Statute of 31 H. 8. chap. 3.29 Ass 10. Plaintiff in every Assise at his pleasure may abridge and for that also by the Statute may abridge where the plaint is of a Mannor 21 H.
condition for default of payment to re-enter and after I grant the Reversion and the first tenant attorns this is not good for he hath nothing at the time of the Grant of the Reversion 8 H. 5. fol. 10. A man lets his Mannor for life and after grants the Reversion of that to another if the tenant for life attorne it is good and all the services of all the Free-holders of the Mannour shall passe without other attornement 21 Ed. 3. fol. 34. Payment of Rent is good attornement 49 Ed. 3. fol. 15. Payment of Rent in name of Seisin is agreement and Seisin 40 Ed. 3. fol. 34. Where they are compellable to attorne and where not and what Tenants are compellable to attorne and what not WHere a Reversion or a Mannour is granted unlesse it be by Fine there lies no Quid juris clamat to compell the tenant to attorne but upon a Grant by Fine and not upon a Grant of Reversion by Deed Nat. brevium fol. 170. If a man alien his Mannour he need not that the tenants at will attorne and the same seems of tenants by Copy of Court-roll Br. Tit. 44. Littleton fol. 125. By Seisin by the hands of the tenant at will the Lord by that cannot avow 8 H. 6. fol. 65. Tenant for life grants his estate to J.S. upon condition and after the reversion is granted by fine and the first Tenant for life attorns it is not good and he is not compellable to attorn but J.S. 8. H. 5. fol. 10. If I let for life and after grant the reversion by fine and after Tenant for life grants over his estate to J.S. yet after attorns it is good for he was compellable to attorn and not J.S. 18. Ed. 4. f. 10. and 21 H. 6. fol. 61. If Tenant in Dower grant over her estate to J.S. and after the reversion is granted by fine she is compellable to attorn and not J.S. 10. H. 4. fol. 10.1 H. 4. fol. 18. the same If Tenant by the Curtesie grant over his estate and after the reversion is granted by fine Tenant by the Curtesie is compellable to attorn 18. Ed. 3. fol. 3. He which was Tenant day of the fine levyed though he hath granted over his estate is compellable to attorn 18. Ed. 4. fol. 10. Also 18. H. 6. fol. 25 and 21. H. 6. fol. 6. the same After a fine ingrossed and that delivered the Tenant is not compellable to attorn for a Quid juris clamat lieth against him Fitzh fol. 147. and 11. Ed. 3. Statham If I give lands in tail reserving rent and I grant that rent by fine the Tenant shall be charged to attorn otherwise it is if I grant the reversion for there he is not compellable to attorn 5. H. 5. Statham Where any person is not cempellable to attorn and yet attorns and their attornement good and where not TEnant after possibility of issue extinct is not compellable to attorn and yet if he attorn it is good 43 Ed. 3. fol. 15.46 Ed. 3. fol. 13. If Tenant in tail attorn it is good and yet he is not compellable to attorn 3. Ed. 4. fol. 11. If Donor grant the reversion of Tenant in tail to another in fee if the Donee attorn gratis it is good and yet he is not compellable 12. Ed. 4. fol. 3. If a Lordship or Mannor be granted by fine and after the Tenant which hold of that makes a feoffment or is disseised if the feoffâ—e or disseisor attorn it is good and yet they are not compellable to attorn 18. Ed. 4. fol. 10. If a man lets for 10 years and the same lessee lets for four years attornement of the second lessee is good and yet he is not compellable to attorn and clear is attornement of the first for he ought to attorn 28. H. 8. tit feoffments 68. If I let for life and grant the reversion by fine and after the grant and before attornement the Tenant for life lets over his estate to J.S. and he attorn gratis it is good and yet he is not compellable to attorne 21 H. 6. f. 54. and 20. Ed. 3. Brook Tit. 24. Fine is levied of a Lordship and before attornement the Tenant makes a feoffment and after the feoffee attorns this is good and yet he was not compellable to attorn but his feoffor was compellable 18. Ed. 4. fol. 10. Now let us see that the grantee by fine without attornement cannot have action nor avow for rent which is in lieu of action nor have wast but may have all other things as entry for forfeiture and have escheat and things in seisin and take and have aid WHere a reversion is granted by fine the right passeth and for that Tenant for life shall have aid though he make no attornement 12 E. 4. f. 3.37 H. 6 fol. 5. the same 35. H. 6. fol. 5. Where a Mannor is granted by fine and Tenants do not attorn the Lord cannot distrain for rent but shall have escheat of them 10 H. 6. fol. 17.34 H. 6. fol. 7. the same 20. H. 6. fol. 7. The Lord grants his Lordship by fine the grantee shall have such things which lie in taking as ward but he cannot avow for rent Natura brevium fol. 172. Grantee by fine of a Lordship cannot distrain but shall have escheat and ward though there be no attornement But if Tenant for life alien in fee he may enter for forfeiture Tit. fol. 130. B. p. 131. A. Wast before attornement is dispunishable but the grantee may enter for forfeiture or seisure but shall not have wast before attornement 48 Ed. 3. fol. 15. and 34. H. 6. fol. 7. the same Note that one cannot have an action without attornement though the grant be by Fine Attorney in Court Baron THey that have tenements in divers Counties and fear to be impleaded in a County or in a Court Baron may make a generall Attorney to prosecute for them in all Pleas Westin 2. chap. 10. It is likewise provided that every free man which oweth suite to the County Court tything hundred or to the Court of his Lord freely may make his Attorney to follow his suits for him so it appears that a Copi-holder cannot so do but by assent of the Lord he may compound to pay a certainty yearly to release his suit and that which he holdeth he may freely by the Statute and it seems that the making of an Attorney ought to be by writing sealed and not by word Merton chap. 10. A Writ of making an Attorney or receiving lieth in Court Baron to make the Attorney to make suit Fitzh 175. B. there lieth an Alias pluries and an attachment if he be not allowed but Copi-holder shall not have that writ Fitgh 156. D. One may make an Attorney to make suit personall which is in a hundred or other Court Baron but for suit Reall at the Leet or turn of the Sheriff he shall not make that by an Attorney Fitzherbart 25. C. What
9 H. 7. fol. 12. Recovery in the common Bench of Lands in the Countries of Lancaster Durham or Chester is there before not a Judge otherwise it is there of recovery of Lands in the five Ports 22 Ed. 3. fol. 30. Formedon in the Kings Bench and an Appeale in the common Bench recovery there in these are void see 7 H. 4. fol. 3. and 8 Booke of Ass 32. Glocester chap. 8. It is provided that the Sheriffs shall plead in Counties the Pleas of trespasse also as they were wont to be pleaded c. 13 H. 7. fol. 20. Waste to plead in that is not good for that that Land shall be recovered and so in an Eiectione firme and so it is in a Collegendum they shall not be sued here and by Fitzh 220. H. Plaintiff shall recover his tearm and dammages Littleton fol. 60. If there be two Tenants in common for years and one put the other out of possession he shall have an Eiectione firme of his half for that it is to recover a real Chattel So it seems that shal not be sued here nor an ejectment of Ward which is in the realty Fitzh 220. H. Processe of outlawrie lies in an Eiectione firme and yet he shall recover his Land again unlesse it be expired and also his dammages Littleton 93. A Writ of wast is a mixt action so is an Assise of novel disseisin and a Quare Impedit and for that they shall not sue here Action upon the Statute of 8 H. 6. nor upon the Statute of R. 2. shall not be sued here for that that they are given by Statute but an action upon the case may be sued here if the dammages are under 40. s. Plaint in Precipe TRespasse in one tenement with a Toft adjoyning containing four Acres of land agreed that this word Tenement is uncertain 3. E. 4. tit 28. 11. H. 7. fol. 25. tenement is no tearm to demand a house or shop 45. Ed. 3. fol. 6. Precipe of land in D. it is a good Plea that there is no such town 41 Ed. 3. fol. 22. Precipe in D. and S. for that that D. is a hamlet of S. and he demands a thing twice the Writ shall abate 8 E. 4. f. 6. Precipe doth not lie in a hamlet but in a town or a place known out of a town but all Actions personall may be brought in hamlet or town or place known Dower Assise and Scire facias to have execution of a fine it may be brought in a hamlet 16. E. 3. Precipe of a peice of land without certainty is not good but of a peice of land containing so much is good see before 11. H. 4. fol. 38. 13. H. 4. Tit. 33. Dower of a Mill though after the witnesse of the Writ it was made a Toft it is good otherwise if it were made a tost before the witnesse of the Writ 14. H. 4. tit demand 5. the same 13. H. 6. fol. 8. Upon two Verges of the Land are built houses and they are meadow and pasture they are now to be demanded as they are not as before when they were verges Fitzh 192. 6. Ed. 2. tit 41. Precipe of passage over a water c. good 27. H. 8. fol. 14. Precipe is not good of a Common but of pasture for two beasts is good 4. Ed. 4. fol. 2. the same 22. Ed. 4. fol. 13. by Jenney A man shall have a Precipe quod reddat of a house and garden but he shall not have a Precipe of a garden alone For that That Plaints shall be made for Copi-hold in nature of Precipe let us see of what and how plaint of Precipe shall be made PRecipe may be of a chamber and yet foundation may perish for that it is not in perpetuity 5. H. 7. fol. 9. contrary H. 6. 11 H. 7. fol. 24. Trespasse may be brought of trespasse in a hamlet and Precipe shall be brought of land in a town and not in hamlet 16 H. 7. fol. 7. Assise doth not lie of a Rectory Seek if an Ejectione firme lyeth of that 9. H. 7. fol. 21. Precipe of lands in D. by Bryan over D. and nether D. is good in abatement 7. H. 4. fol. 9. Wast in D. it is a good plea in abatement that D. is neither town nor hamlet 11. H. 4. fol. 38. Precipe that he should restore a certain portion of land is good by Hank and Hill 6. Ed. 3. tit Demand 41. precipe of 8 foot of land in length and 6 in bredth and good 13. Ed. 3. tit 32. 33. Precipe of an Oxgange of land is good Contrary of an Oxgange of marsh for that cannot be gained tit demand 33. 36. 40 Assis 9. Precipe shall be brought in a town and not in a hamlet 34. H. 9. fol. 1. the same 34. H. 6. fol. 20. Precipe shall be in a town or of a Mannor which is a place known out of a town and not in a Hamlet But an Assise in a Hamlet is good and also in Dower Who hath most Right and Right ought to be sued there LIttleton fol. 91. If a man be disseised by an Infant the which alieneth in fee and the Alienee dies seised and his heir enter the Infant within age he may have a Dum fuit infra aetatem or a Writ of Right or Entry at his election for he hath more right then the heir of the Alienee But if the Disseisee release to the heir of the Alienee if now he bring a Writ of Right the issue shall be upon the meer right and shall be fonnd for the heir for now he hath more right by the release of the disseisee Littleton fol. 93. If a disseisor die seised and his heir in by discent if the disseisee enter and the heir of the disseisor brings an assise he ought to recover But if he brings a Writ of Right the issue shall be upon the meer right and there the heir shall be barred for the disseisee hath more right Right Patent is to be directed to the Lord of whom the land is held unlesse it be held of the King or Queen and it is as a Commission to the Lord that he shall do Right And it may be removed by a Recordare by the Tenant with cause and by a Pone by the demandant without cause and after that it be removed in County it may be removed by the demandant by a Tolt Fitzh fol. B. and Britton fol. 275. where the Tenant puts him upon the grand Assise it shall be removed Fitzh fol. 1. F. Where Judgement final shall be and where not IN a Writ of Right Judgement final shall be given but after the mise joyned and upon every recovery upon departure in despight of the Court Judgement final shall be As in Right against a Prior which voucheth common Cryer which enâ—reth into the Warranty and the demandant Imparles and at the day the Vouchee departs in despight of the Court and upon this Judgement final given
Surrender before it be presented in Court or after if it be not by that admitted afterwards and that is often used and stands with reason and so is the Law as it seems to me If Tenant by Copy of Court-roll be attaint of Felony or Treason the Lord of the Mannour may enter for Tenant by Copy is but Tenant at will according to the Common Law though he hath Inheritance by the custome If a Copy-holder surrender into the hands of the Lord to the use of another and his Heires if the Lord will not admit him Tenant then the Land shall remaine in him which made the surrender and yet he to whose use it was made may sue by a petition or by a Subpena to be admitted If one which hath no right and was not admitted surrender to the use of another and he to whose use the surrender is made enters into the Land and is admitted yet he which hath right may re-enter and out him notwithstanding the Grant of the Lord. But it seems if a Coppy-hold descends to J.S. and he before that he is admitted Tenant surrender that to the use of J. D. and the Lord by his Steward in Court grant Seisin and admits him Tenant it is said to be a good surrender and J. D. shall injoy the Land against J. S. and his Heires Seeke for in the case against Roo the Issue was if he were admitted according to the custome of the Mannor or not Quere and yet this is no disproofe of this opinion but if a Coppy-holder surrender to the use of J. S. J. S. cannot surrender before he be admitted The Lord of the Mannour where the custome is that the Tenants hold by Copy is Chancellour within the same Court Chancellor and may redresse matters there in conscience where a Bill is exhibited to him Suitors so that the Coppy-holders are no Judges in the Court. If an under Steward hold a Court-Baron without authority of the Lord or high Steward Steward and the Lord agree and do not contradict the Steward and there be surrenders made and admittances of Copy-holders in the Court this is good but if he take a surrender and admit one out of the Court without authority of the Lord or high Steward it is not good notwithstanding a lawfull Steward as it seems may take a surrender out of the Court and admittance made out of the Court is good if it be entred in the Court-Roll that he is admitted and hath paid his Fine and hath done fealty And if one holds but one Court by appointment of the Lord where another hath a Patent to be Steward and is absent surrender taken and entred in this Court is good and also is admittance 2 Ed. 6. Tit. 26. Note that the high Stewards are for most part men of honor Steward and great men by patent and their under Stewards are men learned and are appointed by them and without Patent and the use is that they which are under Stewards to such men take Surrenders out of the Court and they are well taken by such under Stewards and the parties are admitted in the Courts held by them that is in open Court and also no doubt when such under Stewards take surrender out of the Court and that is presented by the Homage as the usage is in the Court and the party admit accordingly this is good for without authority these are not for if J. S. make a command to the Bailiff to warne the Court to be held such a day and it is warned and J.S. keeps the Court and is not contradicted by the Lord surrender taken by this J. S. out of the Court and presented and entred in this Court is good though that J.S. have no Patent of his Office for it is not without authority for if he cannot keep Court without a Patent then to every Court it behoveth the Steward should shew his Patent which is not used and was never in Issue whether the Steward had a Patent or not nor if J. S. be Steward or not and specially if he keep the Court warned by his command by diverse daies before the Court kept or if the Lord agree that he shall keep the Court and it is inconvenient that for defect in the Steward which takes surrender out of the Court and enters it in the Court by the allowance of the Homage but that it should be good otherwise one may say thirty or forty years after that the Steward had no Patent of his Office which is inconvenient and ought not to be Where the Steward of the Bishop of London of his Mannor of Hornesey hath a Patent of his Office with confirmation of the Dean and Chapter by the name of Aldred Fitziames where his name was Etheldred surrenders taken by him out of the Court and at the next Court are entred it is found by the Homage that such surrender was made c. and at the same Court the Tenant is admitted accordingly and though that his Patent in time of the Succesfor after in Assise against him be defeated by mis-naming or by other cause yet the Surrenders taken by Aldred Fitzjames during all the time of twenty yeares before his Patent was defeated are good and perfect for that that the surrender was it is found by the Homage and also for that he was the known Steward and also for that he is Judge 33 H. 8. Br. Charge 58. Confirm 30. The same Law seems in the same case if the entry were it is witnessed by the Steward or at this Court it is inrolled so that is to say that J.S. came before the Steward the Court being absent and surrendred c. and in full Court the admittance is accordingly this is a good surrender though it be not entred it is found by the Homage c. for the entry of admittance is The Lord by A. Fitziames Steward gave him Seisin thereof and it is that the Lord by his Steward admitted him and for that it is good insomuch that to that is the assent and grant of him which surrendred and also of the Lord. The same Law if the high Steward to J.S. which hath no Patent in writting of his Office takes a Surrender out of the Court and at the next Court enters that at the next Court it is inrolled so that J. S. came before the Steward the Court being absent and surrendred c. And he to whose use the surrender was made be admitted in full Court this is a good surrender The same Law is like if J. D. be Steward to a corporation without a Patent of his Office and takes surrender as above out of the Court and at the next Court enters it at this Court inrolled so that J.D. such a day came before J. D. Steward and surrendred c. And he to whose use the surrender is made is admitted in full Court this is a good surrender for that that the Steward doth in a
Court of copy-hold he doth it as Judge and is allowed Judge by the Lord. The same Law is if the Steward which is out-Lawed in a personall action or excommunicated take a surrender out of the Court and at the next Court enter it it is witnessed by the Steward and such a surrender is made and admits him to whose use the surrender was made in full Court though it was not found by the Homage yet this surrender is good If a Judge or a Justice be out of his Wits yet the Fines Judgments and other records which were before him shall be good but contrary the gift of an Office or such like by him for that is a matter indeed and the others are matters of Record for a matter in deed may be avoyded by being out of his Wits contrary of matter of Record 1 Ma. Tit. whilest he was not in his Wits 7. The same Law is if the under Steward takes a surrender out of the Court and at the next Court makes his entry of it at this Court it is witnessed that J. D. surrendred and in full Court he to whose use the surrender is made is admitted this is a good surrender though it be not also it is found by the Homage for when he holds Court he is a Judge between the Lord and the copy-holders and yet 2 Ed. 6. Br. Court-Baron 22. and copy-hold the 26. is if the under Steward holds a Court-Baron and in full Court grants copy-hold without the authority of the Lord or high steward this is good contrary Law where it is done out of the Court for it seems if the under Steward grants copy-holds it is intended that if he admits any out of the Court without authority it is not good for it is the Lord granted by his Steward and not that the Steward granted for he cannot grant And also the high Steward may admit out of the Court by speciall usage and custome within the Mannor used for one which holds by copy of Court roll ought to have his Estate entred in the Court held and his admittance to be entred in the Court and for that if the under Steward or the high Steward which hath no Patent as above take surrender out of the Court and present that in Court and the Tenant be in the Court admitted it is good for it is the Lord by his Steward hath admitted and the admittance makes him a copy-holder and the Entry of that in Court makes him Tenant by copy of Court roll for copy-holder is he which holdeth by copy of Court roll so where one admitted in Court and the Lord allowes a Steward is good If a copy-holder of an Estate in fee according to the custome of the Mannour by license of his Lord let for twenty yeares rendring forty shillings yearly he may have an action of Debt in the common place for this Rent or as it seems he may distraine and avow and yet the avowrie is in the nature of an action reall and it seems no doubt if the Rent be reserved by Deed Indent but that he may distraine and avow and yet if he to whose use before the Statute of 27 H. 8. lets by Indenture for yeares rendring Rent he to whose use shall have Debt for that Rent but he cannot avow and if the Lessee in this case make waste he to whose use shall not have an action of wast 26 H. 8. f. 8. The same Law is where a copy-holder by the custome of the Mannour is not punishable for waste by license of the Lord makes a Lease for thirty yeares and the Lessee makes waste the copy-holder shall not have a Writ of waste but shall sue in the Lords Court to punish this waste by plaint in nature of an action upon the case If a coppy-holder of an Estate taile by license of his Lord let for twenty yeares rendring the ancient Rent and dies the Issue in taile may enter and defeat the Lessee but if the Tenant in taile of coppy-hold let for forty years by the Lords license and after the Lease makes a forfeiture of his coppy-hold and the Lord seises it and grants that over again by copy to the Tenant in taile and his Heires or to J. S. and his Heires it seems there the Issue of the Lessor nor J. S. nor the Lord cannot enter and defeat this lease The same Law is if a coppy-holder of an Estate taile lets for forty yeares by the Lords license and dies and his Issue surrenders to J. S. and his Heires this Issue nor J. S. cannot enter and defeat this Lease To this Court came T. R. and did demand license of the Lord to demise all and singular his customary Lands and Tenements scituate lying and being within his Lordship to what person or persons the said T. R. pleased to the tearm and for the tearm of 21. yeares next following the date of this Court to which T. R. the Lord gave license in form aforesaid for the Fine often shillings paid in the Court at the view of the Lord of this Mannor And it is used that the Steward in ful Court licenses a copy-holder to lease a copy-hold for 20. or 40. years more or lesse at their pleasure in the absence of the Lord and this seems good for he is Judge in the Court and when he makes it and enters it in the Court roll the Lord cannot enter for forfeiture because of this lease for when the Steward hath entred it that at this Court T. R. craved license of the Lord to let c. to whom the Lord gave license c. the Lord is estopped to say the contrary but that he gave license the same Law is where a coppy-holder is admitted in Court and is entred in the roll to whom the Lord by such a one his Steward granted him Seisin the Lord cannot afterwards gainsay this admittance and this is to be collected of the case aforesaid in 2 Ed. Brok. Court-Baron 22. If a man lets a Mannor for yeares in which are copy-holders and after a copy-holder dies the Termor of the Mannour grants the Land by copy for three lives this is good the same Law is if a Copy-holder of Inheritance surrender in the Court of the Termor of a Mannour to the use of one and his Heires it is good so that the Lord for the time being may take surrender in his Court but in the first case such a Termor of a Mannor cannot let a Copy-hold reserving lesse Rent then the ancient Rent but ought to reserve the ancient Rent or more 4. M. 1. But it seems if a Disseisor of a Mannour be and the Disseisor seises a Copy-hold by forfeiture or Escheate and grants that over by Copy to a stranger and the Disseisee enter in the Mannor this surrender shall not binde the Disseisee and yet if a Copy-holder of Inheritance furrender in the Court of the Disseisor to the use of J. S. and his Heires this is a good
common Law and good by all the Justices for though a Formedon in discender were not given but by Starute yet this Writ now lieth at the common Law and it shall be intended that that hath been the custome time out of minde c. See Littleton fol. 14. Plaint in nature of Formedon in discender and also Littleton saith that copy-holder is where within the Mannour the Tenants within the same Mannour have used time out of minde to have Lands or Tenements to them and to their Heires in Fee simple or see Taile and though that the Statute of Westminster 2 chap. 1. is That the will of the giver in writing should be observed so that copy-hold is not within the Statute yet in these Mannors within which time out of minde they have been used to have Estates in taile in this Mannor and not in others are Estates taile of copy-holds 15. H. 8. tit 24. And now it is common usage to cut of the Taile of copy-holdes within such Mannors where there is an Estate taile of copy-hold by common recovery in the nature of a Writ of entry in the Post which after followes and also by recovery in nature of a Writ of Right and joyne the Mise as followes afterwards and another way is to cut of the intaile and that is by presentment that the copy-holder hath made a Lease by Indenture for divers years or other forfeiture and then the Lord to seise for that and to surrender to the Purchasor and these two waies are allowed for good It is said that five grounds of Law in England is and hath been in diverse particuler customes the which customes though they are against the generall customes of Law yet they are in effect and are taken for Law and so I intend that this custome of copy-hold Estate for that that it hath continuance by prescription is good by the Law that the copy-holder hath an Estate by custome and Law also and that of that may be an Estate taile where that hath been used by prescription Doctor and Student fol. 20. Copy-holders COpy-hold Lands were before the Conquest and it was called Folk-Land in the time of the Saxons and the Charter-lands are called Bock-land And also Bracton Book 4. allows of Copy-hold land and sayes That doing their Services and customes Their Lords cannot put them out And so Copy-hold Estates have in time of every King since the Conquest by all the Justices been allowed so that for the antiquity and their continuall alowance from time to time the Estates of Copy-holds are affirmed in Law yet Fitzh fol. 12. b. saith That Copy-holders in ancient times were called Tenants in Villainage or base tenure But this doth not make them Villaines for Littleton fol. 39. saith That some Free men hold their Tenements according to the custome of certaine Mannors by Villaine Services and yet they are not Villaines and though at the beginning of Copy-holds they had but a base Estate and at the will of their Lords yet when they have continued their Estates by Copy of time out of minde then doing their customes and services as Copy-holders ought to doe they ought to enjoy their copy-holds whether the Lord will or no and it appears by divers Statutes that copy-holds have been in reputation for by the Statute of 1 R. 3. chap. 4. 19 H. 7. chap. 13. Copy-holder which might expend by the year 26 s. 8. d. shall be accounted of the same sufficiency to be impannelled of a Jury as he which might expend 20. s. per annum of Free-hold land and by 2 Ed. 6. chap. 8. the interest of Copy-holders are preserved notwithstanding they are not found by Office after the death of the Kings Tenant and by 13 Eliz. chap. 7. Lands of a Bankrupt as well copy-hold as free-hold shall be sold so it appears copy-hold Estates shall be regarded and those Demesnes which are in the hands of the Copy-holders are such Demesnes as the services which they do make a Mannor though the Lord have no other Demesnes in his own hands nor in his Farmors Bailiff or Servants for it is Demesnes having regard to the Lord for that that upon every Surrender the Lord hath medling and grants it over in his Court. And if you will admit that an Estate Tail by usage of time out of minde may be of Copy-hold within a Mannour where it hath been used by prescription and Plaints of Formedon have there been brought why will ye doubt but that it may be well cut off by common recovery in Plaint in nature of a Writ of Entry in the Post or at least in nature of a Writ of Right and Mise ioyned upon meer Right and after Default made by the Tenant and Judgement final given though that these Recoveries have not been used there by prescription for they are at the common Law and Plaints in nature of these Writs are to be sued there of copy-hold It is said that a Fine levied in ancient Demesne is of no worth for it is no Court of Record but it is said that common Recoveries may be sued there to cut off the Intail and good for that that the land shall be pleaded there by a Writ of Right close and not otherwise and copy-holder shall be impleaded in Court Baron of the Mannour by Plaint and not elsewhere And for that the Recoveries aforesaid to cut off the Intail of a copy-holder may be there though they were not there used before if there be Estates Tail there and if usage makes the Estate Tail and also usage makes the copy-holder to have an Estate of Inheritance by custome and is good 50. Book of Assises 9.47 Ed. 3.38 And though Littleton fol. 16. If Lord out his copy-holder he hath no other remedy but to sue to his Lord by Petition for he saith the Lord cannot break the custome which is reasonable but if such Lord will break the Custome it is no Reason to suffer such a Lord to be his own Judge and to compell a copy-holder to sue to him by Petition But for that that divers Lords are of an ill conscience that before were as I have heard for that divers grave Judges now hold that a tenant copy-holder may have Trespass against his Lord according to the opinion of Brian and Danby And this at this day seems reason for though at the beginning copy-holders had but Estate at the will of the Lord yet by the continuance of this Estate of time out of minde they have such Inheritance by the custome of the Mannour that the Lord doing his Services cannot out them and the prescription goes to the Land and not to the Lord nor to the occupation for that is copy-hold land which hath been let and demisable time out of minde c. If the Tenant by copy deny to do his Services the Lord may enter for forfeiture if it be presented by the Homage but if the Tenant by chance makes a Default at the Lords Court and
doth not deny his Service it shall be amerced and is no Forfeiture the same Law if his Rent be behinde and he doth not deny to pay it that is no Forfeiture but the Lord may distrain but by Littleton fol. 51. If the Tenant upon demand be not ready to pay Rent Seck or if the Tenant nor none for him be dwelling upon the Land to pay the Rent Seck when it is demanded this denying is Disseisin yet in the case aforesaid I conceive that where a copy-holder makes Default and doth not deny his Services or is not upon the Land ready to pay upon demand this is no deniall which shall make a Forfeiture for Forfeitures are not favoured in Law but to be taken strictly according to the words and that is to be intended upon denying in deed by the Tenant 42 Ed. 3. fol. 25. And it seems that the Lord cannot enter for forfeiture before that that be found by Homage but if a Copy-holder alien by Charter or commits Felony or Treason and be attaint these are Forfeitures without Presentment and the Lords may enter for these are notorious and apparent to be against the Custome but otherwise it seems where a Copy-holder makes waste 12. Eliz. It was said that if a copy-holder will not be sworn of a Juryâ— or alien and make copy-hold Free-hold this is forfeiture for that that the Lord may enter without presentment but for negligent acts as for not doing of service or Suite of Court the Lord cannot seise without presentment by the Homagers and then agree if an Infant do not come within a yeare and day after Proclamation made yet he hath not forfeited his copy-hold and this case was between Hautree and his copy-holder If copy-holder lets by Indenture which is forfeiture and after surrenders to the use of J. S. and he is admitted in the Lord after shall not take advantage of forfeiture for the Homage are not to inquire of any forfeiture but of forfeiture made by the Tenants and he which commits the forfeiture is not now Tenant and admittance to pay his Fine is agreement of the Lord that he admitted shall have that according to the custome that is to say he doing his services shall have that to him and his Heires according to the custome of the Mannour It is said that a copy-holder cannot alien by Deed for if he do so the Lord may enter for forfeiture and so it is the like if he alien without Deed in such manner that the Land may passe as if he lets for life without Deed and makes livery the Lord may enter but if he do not make Livery otherwise it is the same Law it is if a copy-holder bargain and sell his Land by Indenture and do not inroll it nothing passeth by this bargain and for that it is no forfeiture Lit. f. 14. If Tenant by copy of Court-Roll make a feoffment the Lord may enter for forfeiture but this is to be intended if he make a feoffment and makes Livery it is a forfeiture but if he make no Livery the Feoffee is but Tenant at will and it is no forfeiture 11 H. 4. fol. 161. Challenge For that that you try Issues joyned in Court-Baron by assent by inquest of the Homage as you may and not by wager of Law as it is and also in triall of Copy-holds shall be by Oath of the Jury and also for that some Challenges are principals and some are but for favour first let us see what is a principal Challenge PRincipall Challenge is said where it is evident favour as kindred 21 Ed. 4. fol. 11. and 63. Juror is of aliance servant or beares mallice that is to say hath trespasse against him or a Juror is cozen to the Executor which brings the action and yet he shall not recover to his own use and this is a principal challenge c. 20 Ass 11. Where a Juror is Gossip of the Plaintiff it is a principall challenge and he shall be drawn off by the challenge 2 H. 4. fol. 16.4 Ed. 4. fol. 1. the same 19 H. 6 fol. 66. Contr. 6 H. 6. fol. 40.40 Ass 20. That the Plaintif was retained with a Juror that is that the Juror was master of the party is a principal challenge 2 H. 4. fol. 14. That the Jury hath past before for parcell of the same gift in Formedon is a principal challenge if he shew record of that otherwise it is but favour 8 H. 5. fol. 11. and 7 H. 4. fol. 11. the same If a Juror after he is impannelled eate at the Plaintifs costs or take Money for his charges it is a principal challenge 13 H. 4. fol. 14. 22. R. 2. Chal. 177. 8. Ed. 3. fol. 69. Where Land is demanded and the Juror is cozen within the ninth degree it is a principal challenge 41 Ed. 3. fol. 9.14 15 Eliz. Plowd 426. It is a principal challenge that the Juror held of J. S. that holds over of the Plaintiff 13 H. 6. Statham Where a Juror hath a Lease of one party and though he hath granted his Interest to another yet he is within the Distress of his Lessor to the using an Action of Debt for the Arrearages and for that is a principal challenge 44 Ed. 3. fol. 5.44 Ass 23. Trespass the Defendant saith it was the Free-hold of J.S. and justifies as Servant of J. S. it a principal challonge that the Juror was within the distresse of J. S. to E. 4. fol. 11. B. Trespasse where the Defendant justifies as Servant to the Lord Dacres it was a principal challenge that the Juror was within the distresse of one which held of the Lord Dacres 15 Ed. 4. fol. 18. It is a principal challenge that the Juror is cozen to the Wife of the Defendant for that that the Issue of the Wife may be Heire to the Juror 8 H. 6. fol. 15. That the juror at another time had past against him in the same Issue if he shew the Record it is a principal challenge and otherwise but for favour 11 R. 2. Tit. 106.21 Ed. 4. fol. 74. before 7 H. 4. Juror was challenged for that that at another time he past against the Plaintiff for the same Debt which was reversed by Errour and for that that he did not shew the Record it is no principal challenge 33 H. 6. f. 1. It is a principal challenge that the Juror was chosen arbitrator for one party but otherwise it is where he was chosen indifferent for them 3 H. 6 fol. 24. That the juror held of a Mannour whereof the reversion is in the Plaintiff is a principal challenge 10 H. 7. fol. 20.49 Ass 1. That the juror was of Councel with the Plaintiff and hath taken his fee this was the challenge and 7 H. 7. f. 10. that it is no principal challenge It is a principal challenge the Sherif or Bailif which makes the Pannell is son in Law to the Defendant 9 Ed. 4 f. 49. Those which have
yet the Land shall be ancient Demesne as it was before By Knivet Fine levied in ancient Demesne is nothing worth for it is no Conrt of Record but common recoveries are used there to cut off an intaile 50 Ass 9. No Land may be pleaded there by right close and not else where How Land in ancient demesne is made frank Fee for a time and how for ever DUring the time that Lands in ancient Demesne is in the hands of the King it is Frank Fee but if the King grant that over to hold of the Mannor againe it is ancient Demesne againe 21 Book of Ass 13. If Recovery or Fine be in Common Bench of Land in ancient Demesne the Land is Frank fee till it be defeated by the Lord by Writ of Deceit and when that is defeat it is void to bind the parties 8 Ed. 4. fol. 6. See 3 H. 4. fol. 6. accordingly If the Tenant in ancient Demesne enfeoffe his Lord of the Mannour being common person and not King the Lordship is Frank see for ever 9 H. 6. fol. 24. B. 3 H. 4. fol. 16. the same Where the King gives Land of ancient Demesne to hold in Franke Almaigne that is Franke fee 6 H. 4. fol. 2. Where a Fine is in common Bench of Land in ancient Demesne is Frank fee so that after if a Recovery of that be in ancient Demesne it is void and before not a Judge 7 H. 4. fol. 3. B. 7 H. 4. fol. 29. the same If the King was once seised of Land in ancient Demesne and lett that for life it is Frank fee for the time 11 H. 4 fol. 84. Where Land in ancient Demesne is forfeit to the King by attainder and the King grants that over to another and his heires now they are Frank fee for ever 13 H. 4. fol. 7. Where a Fine is levyed of Land in ancient Demesne in the Common Bench the Lord may defeat that by a Writ of Deceipt and yet if he to whom the Fine was c. hath a Release with confirmation of the party made after the Fine his Estate is good notwithstanding that the Fine be defeated Fitzh 98. a. The Lessor by his confirmation to his Tenant may make the Land in ancient Demesne Frank fee but if he confirme to hold by meaner services it is no Frank fee 30 Ed. 3. fol. 16. Where Land in ancient Demesne Escheats to the Lord for that that the Tenant dyes without heire generall or speciall are Frank fee for ever for he holds them now of the Lord Paramount 18 Ed. 3. fol. 19. If the Tenant in ancient Demesne answer the action in Precipe in the Common Bench yet it is no Frank fee before Judgement given 2 Ed. 4. fol. 26. The Lord by his confirmation may alter the tenure but not the estate of the Land where he confirmes to hold at the Common Law 49 Ed. 3. fol. 7. Fine at the common Law recovery or where he is in by the Kings Charter or by feoffment of the Lord these prove the Land frank Fee and not ancient Demesne Fitzh fol. 13. C. If the King be seised of Land in ancient Demesne this is Frank fee but if the King demise it to another the Land is ancient Demesne again 17 Ed. 3. fol. 52. A man recovers in ancient Demesne Lands which were at the common Law against a man by Verdict of a Jury and he against whom the recovery was brought an Assise upon that and awarded that he should recover Seisin 30 Ed. 1. Tit. Assise 379. Note the tenure and tryall of ancient demesne and who shall plead ancient demesne LAnds which are ancient Demesne are Soccage Fitzh fol. 11. Tenants in ancient Demesne are those which hold of the Mannors which were in the hands of Saint Edward the Confessor at the time that the Book of Doomsday was made but the Lands written in that Book to be in other mens hands are not ancient Demesne Fitz. 16. E. All the Lands which were in the seisin of Saint Edward the Confessor when the Book of Doomsday was made are called ancient Demesne and the Lands in other hands c. Frank fee Natura brevium fol. 14. If the Land be ancient Demesne or not shall be tryed by the Book of Doomsday 49 Ed. 3. fol. 22. In Monstraverunt Assise The Tenant pleads that the Land was ancient Demesne and it was tryed by Assise in the Book of Notting and also North. 8 Ed. 2. Statham fol. 20. Triall of ancient Demesne is by the book of Doomsday and by that it was certified that London was not ancient Demesne 7 H. 6. fol. 34. In Assise of Mortdancester ancient Demesne was tried by the Country 8 Book Ass 35. 9 Book Ass 9. the same In Assise the tenant saith that it was parcell of the Mannor of B. which is ancient Demesne and the other saith that it is not parcell and upon this at issue and that was tryed by Assise 12 Book of Assises 18.22 Book of Assises 45. the same Assise none shall plead ancient Demesne but he which is Tenant and not the Disseiâ—or 21 Book of Ass 2.41 Ed. 3 tit 22. the same If Land be in the book of Doomsday written under the Title Land of the Bishop and not Land of the King yet though it be in the book of Doomsday it is no ancient Demesne 40 Ed. 3. fol. 45. Form of Pleadings that the Land is ancient Demesne and how he shall sue for ancient Demesne and for Copy-hold in ancient Demesne BY Prisot he which pleads ancient Demesne shall say that the Land is held of the Mannor of D. which is ancient Demesne and pleadable by a petty VVrit of Right close from time out of minde and demand judgment if the Court will acknowledge 36 H. 6. fol. 18. 3. H. 6. fol. 48. But see by Thirne and granted that frank Fee may be held of a Mannor of ancient Demesne 11 H. 4. fol. 85. Precipe the Tenant saith that the Land was parcell of the Mannour of D. which is ancient Demesne and pleadable by petty VVrit of right close time out of minde and demand judgment if the Court will acknowledge and it is no Plea for the Demandant to say to that that it is frank fee for that that it doth not gainsay but that the Mannor is ancient Demesne and that this is parcell but he ought to plead specially how it is become frank fee 41 Ed. 3. f. 22.12 Book of Ass 16.22 Book of Ass 45. Right close lieth alwaies between Plow-holders and no Plow-holder may implead another Plow-holder of Lands in ancient Demesne unlesse by this VVrit and shall make in this his protestation to sue in nature of what VVrit he will as his case is Nat. Brevium fol. 11. They call Tenants in ancient Demesne Sokemaines Britton fol. 105. Copy-holder of base Tenure shall not have a Right close but ought to sue by Bill in the Lords Court but copy-holder in ancient Demesne of free-tenure
shall have that Fitzh fol. 11. The King shall have yeare day and wast of Lands in ancient Demesne if it be so that the Tenant have sold them against his Lords will and yet not the Lands past by surrender Stam. fol. 50. Note this is where the copy-holders in ancient Demesne have used time out of minde to sue for them by petty Writ of Right close and so is 14 H. 4. fol. 1. by Hank and 14. H. 4 fol. 34. and see 3 Ed. 3. Br. tit copy-hold 22. And in these surrenders of Lands in ancient Demesne of frank tenure it is not used to say to hold at the will of the Lord in these copies but to hold according to the custome of the Mannor by the Services before due and is not said there at the Will of the Lord. Ancient Demesne is Socage Tenure for they are called Sokemaines Fitzh 14. C. By what Writ Execution shall be in ancient Demesne and by what not and shall be free of Toll c. EXecution of Writs in ancient Demesne cannot be for that Execution is given by Westm 2. chap. 18. and that the Statute is if they be ejected of those Tenements they have to recover by a VVrit of new Disseisin 22 Book of Ass 45. Upon a Statute Merchant execution was awarded of Lands in ancient Demesne Br. Tit. 37. Debt against Heire if he hath Lands in ancient Demesne they shall be charged as Assets 7 H. 4. fol. 15. Those Tenants of ancient Demesne are quit of Toll and passages for Goods sold and bought in Faires and Markets and to be quit of Taxe and Tallage of Parliament unlesse they be taxed by the Parliament and to be quit of expences of Knights of Parliament and shall not be put upon Juries and Inquests out of ancient Demesne for Lands of ancient Demesne Eitzh 14. Court of Pipowders Let us see the nature and authority of Court of Pipowders COurt of Pipowders is a Court of Record and the Steward is Judge for that that there are no Suitors there and for that error lieth there upon erronious judgment given and not a VVrit of false judgment 6 Ed. 4. fol. 3.7 Ed. 4. fol. 23. That errour lieth there It was held that a Court of Pipowders may be by custome in a City without Faire or Market and therefore where it was assigned for error upon a Record given in a Court of Pipowders according to the custome of the City held c. And though it be not in full Market or Faire it was adiudged no errour 13 Ed. 4. f. 8. Trespasse of Goods taken the Defendant iustifies as Bailif of the Town of Rippon by vertue of a command of execution of a iudgment given against the Plaintif in Debt in Court of the said Faire at Rippon and for that that the Plaintif did not make agreement for the Debt recovered against him within ten daies after iudgment given he makes price of the Goods by Merchants of the Town of Rippon and for that makes agreement with the party and this Justification was good 20 Book of Assise 90. It was enacted that no Steward shall hold Plea in this Court unlesse the Plaintif or his Attorney makes Oath that the fact or contract was made within the Faire and if it were the contrary he should forfeit 100 s. 17 Ed. 4. chap. 2. tit Faires the fourth In Court of Pipowders the Plaintif or his Attorney shall be examined by Oath if the matter rose within the Faire and the Defendant also may pleade that this arose in a forrain place 1 R. 3. chap. 6. Debt in the common Bench against Mawd and counts that he had recovered ten Markes against the said Mawd in Court of Pipowders at Everwick and the Plaintif by Certiorare removes the Tenor of the Record in the Chancery and from thence by Mittimus into the common Bench to have execution and attachment was made upon the Originall at the ninth houre and he appears and pleaded and a Venire facias went out returnable at the third houre after the ninth and so in Court of Pipowders the processe is from houre to houre 7 H. 6. fol. 19. The book of Entries fol. 167. See there the form of the Count and Precipe of summoning in this Court and the Processe of Capias and proceeding in Debt in this Court and Debt against a Jaylor for escape in Title Debt The book of Entries fol. 18. See Scire facias to have execution upon iudgment given in a Court of Pipowders in an action of account brought there and removed into the common Bench to have execution of that iudgment And it seems breifly that nothing shall be sued here unlesse the contract or deed were made within the Precinct of the Faire or Market as it appeares above and for that Informations of penall Statutes ought not to be sued in this Court of things and Offences made out of Faires and Markets as insufficient tanned Leather carryed to be sold in Faires against the Statutes also this Court is ordained only for hasty redresse of things there during the Faire Court of Marshalsey FIRST In the booke called the Diversity of Courts fol. 110. It is said that the Court called the Marshelsey is an ancient Court of Record and made to have good government and order within the Kings House for preservation of the King and his Servants and to this Court are certaine bounds limited by 13 R. 2. chap. 3. that in all places where the King in his own person shall come and make stay there within the Verge limited to his Graces Court that it shall not passe the space of twelve Miles to be accounted from his Lodging Fitzh 141. B. And in diversity of Courts it is said that this Court hath power to inquire of Treason Murder and Felony and to take appeales of them and also of Maymes if they be made within the Verge and between persons of the Kings House And said there also that if one of the House of the King sue another which is not of the House he shall plead to the Jurisdiction of the Court and if they will not this exception allow he shall have a VVrit of Errour and that shall be reversed in the Kings Bench Fitzh 242. A. Seek in trespasse And the Judges in this Court are the Steward and Marshall of the Kings House for in these is the order of the Kings House Note that by the Statute Articuli super chartas c. 3. that the Steward and the Marshall shall hold no Plea of Freehold nor of Debt Covenant nor of any bargain made between any of the Kings People but only of trespas made within the Kings House or other trespasse made within the Verge and of Contracts and Covenants which one of the Kings House made with another in the same House and not otherwhere And they shall plead no Plea of trespasse except the parties were arrested by them before the King departed the Verge where the trespasse was committed and
the Husband may alien all or part without the Wife and then shee cannot claime Dower Custome in some Mannor is Heire among Copy-holders that the youngest Son shall inherite as in Borrough English and if he have no Sonne his younger Brother as at Edmonton Custome of some Mannor is Heire that all the Sons and all the Brothers shall inherite together as in Gavel-kind at Islington Custome of some Mannor is Heire That if the Tenant dyes seised of five Acres or lesse then the youngest Son ought to inherite but if it be above then all the Sons as in Gavell-kinde ought to inherite Custome of some Mannor is Clivenor If a Copy-holder surrender his Land to the use of a stranger that before the stranger be admitted Proclamation shall be made in the Court thereof and if the next of the blood will come in or Clivenor Land mark those next adjoyning to the bargaine from the East of the Son and will pay so much for the Land surrendred as hee which made the bargaine ought together with all his costs which had the Land so surrendred and then the Bargainee shall make Oath in Court what he payd and that shall be payd him forthwith in Court and then the next of blood or Clivenor which pay that shall be admitted and shall have the Land Custome in some Mannor is Where surrender is of Copy-hold made to him and his that is an Estate of Inheritance in Fee by the custome though it be not to him and his heires And in some Mannor it is to him and his in Villainage and yet it is a good Estate of Inheritance by the custome Custome of some Mannor is That surrender may be made into the hands of the Bailiffe in the presence of two Tenants witnessing that and in some Mannor in the hands of two Tenants to the use of him to whom c. And in some Mannor in the hands of one Tenant to the use of him which should have it and all these are good customes and allowed Custome of some Mannor is Dower that the Wife shall have no Dower nor the Husband shall not be tenant by the curtesie And the custome in some Mannor that she shall have the third part of the Rent and not any Land for her Dower as at Bush Custome in some Mannor is Surrender that surrender may be made into the hands of a tenant in the presence of other persons to the uses c. and is good Tenant at will by the common Law Waste may cut Trees to repaire his Houses and also may take House-boot Hedge-boot and Plough-boot and all this Tenant by Copy may doe And by the custome in diverse Mannors copy-holder may cut his Trees and Wood and sell it at his pleasure and also to suffer the Houses to decay and yet it is not forfeiture as it is at Islington Custome of some Mannor is Lease that copy-holder may let that by Indenture for three yeares without license of the Lord and in some for nine yeares and in some Mannor for more and in some Mannor hee may let from three yeares to three yeares to the terme of one and twenty yeares and is no forfeiture Custome of some Mannor is Harriot that where the copy-holder is Inheritable that the heire shall choose the best Beast and the Bailiffe of the Lord shall seise two of the next best Beasts and for a Cottage two shillings in Silver for Harriot shall be payd and no Beast Custome of some Mannor is Fine to pay six shillings eight pence for a Harriot and no Beast Custome of some Mannor is Ward that a copy-holder pay but one penny for a Fine though there be a hundred Acres or more and in some Mannor six shillings eight pence for every dwelling House and also for every Acre six shillings eight pence and for every Cottage six shillings eight pence and also six shillings eight pence for every Hampsell that is an ancient House or Cottage decayed six shillings eight pence And in every Mannor the Fine is uncertaine but yet the Lord there shall not take more for his Fine then hath heretofore been taken for a Fine and if he doe otherwise the remedy for the copy-holder is in the Chancery against his Lord. Custome of some Mannor is that if copy-holder dyes his heire within age the custome in most Mannors is that the custody shall be committed by the Lord to the next of blood to whom the Land cannot descend And in some Mannors the Bailiffe of the Lord shall have the custody and render the heire an account at fourteene years of the profits and by the custome in some Mannor at fourteene yeares the heire may choose to him a Guardian Custome in some Mannor is Workmen to have certaine dayes of labour in harvest for a day or two dayes and in some Mannor he shall pay foure pence for every day labour of that Custome of some Mannor is Releife that he shall pay for Releife upon a discent but halfe that which is due by common Law as if he hold by six pence he shall pay but three pence for Releife but yet he ought to pay that releife by the custome Also if he come in by Purchase he ought to pay in the like manner halfe his Rent as afore is sayd that is to say three pence where his Rent was six pence Custome of some Mannor is to pay but one penny for releife and not more nor lesse though his Rent be ten shillings Custome in some Mannor is Dower that if a man marry a Mayd and dye seised of copy-hold this Wife shall have all the Land during her life for her Dower but if hee marry a Widdow and dye seised shee shall have no Dower Custome of some Mannor is that if one were no copy-holder of that Mannor before and purchase Lands at first the Fine is arbitrable and granted at the will of the Lord but he nor his heires after shall pay no Fine but shall be admitted free without paying Fine for all the Lands which he after purchaseth within the Mannor If a man let to three for life to have successively yet this is a Joynt Estate and successively is void but by custome of copy-hold successive holds place and one shall have it after the other 30 H. 8. tit Leases 54. And note that you doe not say as many use to say that there is such a custome when they see the Law to be contrary to their intent as diverse Stewards doe when for favour that they beare to one party will ayde him by customes when there is no such custome to helpe him And I have heard a Steward say By the custome of a Mannor a Wife is dowable and by the custome that shall be assigned by the Homagers without plaint in nature of Dower against the Tenant of the Land and without answer of the Tenant and without any processe made against him contrary
Book of Assises 10. Escheats Where it shall Escheat and not discend and where not And for that in the same second Article is also inquirable what advantage the Lord may have by the death of his Tenant that is to say Ward or Escheat Now let us see what is impediment by attainder and otherwise that the Issue of the Lands in Fee cannot be heire by discent not that his Father and Mother were marryed and where the Lord shall have that by Escheat and where not IF an Infant of the Age of seven or eight yeares marry a Wife and his Wife have Issue within one yeare or two after marriage this Issue shall not be his heire and if he have no other heire generall or speciall the Land shall Escheat 38 Book of Assises 24. If the Father being an Alien hath a Son and after the Father is made Denizen and after hath another Son and after purchase Lands and dyes the youngest Son is heire and if he dye without Issue the Lord shall have the Land by Escheat and not the eldest Son for he is an Alien Doctor and Student fol. 12. The eldest Son is attaint of Felony in the life time of his Father and is hanged the Father dyes the youngest Son shall inherite and it shall not Escheat But if the eldest Son be attaint in the life time of his Father and survive the Father the Land shall Escheat 20 Booke of Assises 2.46 Ed. 3. tit Discent 6.49 Ed. 3. fol. 11. 31 Ed. 1. tit 17. accordingly If the Son be attaint of Felony or Treason and after is pardoned and after that his Father dyes seised of land the Lord shall have that by Escheat rather then the Son 13 H. 4. fol. 8.1 E. 3. lit 15. accordingly See before that Doctor and Student fol. 25. Where the Husband is attaint of Felony and purchase his pardon and after dyes his Wife shall not be endowed of Land which he had before the attainder but it ought to Escheat but of those which he purchases after shee shall have Dower and shall not Escheat Littleton fol. 11. If the Husband seised of Land commit Felony and after alien and after is attaint the Wife shall have Dower against the Feoffee but otherwise it is if it were Escheated Nat. bre fol. 7. If the Son be outlawed of Felony in the life time of his Father and hath a pardon and after the Father dyes seised of Land the Son shall not have these Lands but the Lord by Escheat though he hath diverse Sons 31 E. 1. tit 17.11 H. 4. fol. 11. 22 H. 6. fol. 38. The Father outlawed of Felony purchaseth a pardon and after purchaseth Lands the Son hee had before the Felony may inherite them and the Lord shall not have them by Escheat 9 H. 5. fol. 9. If one dye Tenant to the Lord without heire generall or speciall as if the Tenant be disseised and dyes without heire generall or speciall the Lord shall have the Escheat of this Land though he did not dye seised for that that he dyed Tenant 2 H. 4. fol. 9. 7 H. 4. fol. 18. accordingly 32 H. 6. fol. 31.36 H. 6. fol. 1.6 H. 4. fol. 5. the same And Nat. bre fol. 103. the same Where an Alien purchases the King may seise 11 H. 4. fol. 25. 14 H. 4. fol. 20. accordingly And if a Denizen purchase and dye without Issue born within the obedience of the Queen this Land shall Escheat to the Lord. If an English Tenant marry an Alien she is forthwith upon the marriage of the Kings allegiance and their Issue shall inherite and it shall not Escheat Abridgement of the Book of Assises fol. 39. Where there is Lord and Tenant and the Tenant grants Rent charge and dyes without heire generall or speciall the Lord shall have the Land by Escheat Rastall Escheat 15. but hee shall hold it charged 3 Book of Ass 1. The same Law is of the Kings Tenant which grants Rent and dyes c. and his heire in Ward by the Statute 2 3 E. 6. chap. 8. Lord and Tenant the Tenant is disseised and the disseisor dyes seised and the disseisee dyes without heire the Lord shall not have that as by Escheat for I intend hee dyes not in his Homage 32 H. 6. fol. 31. B. Lord and Tenant the Tenant lets for life and dyes without heire though he dyed not seised the Lord shall have Escheat 2 H. 4. fol. 9. If one be attaint of high Treason the King shall have Escheat of whomsoever he hold notwithstanding if it be of petty Treason the Lord shall have the Escheate 22 Book of Ass 49. If the Tenant be beheaded for Felony the Lord shall have Escheat and shall say for which he was hanged Natura brevium fol. 100. 8 E. 3. in the Register f. 165. accordingly If my Tenant within age alien to one in Fee and within age dye without heire the Lord may enter by Escheat 16 E. 3. tit Statham fol. 84.3 E. 3. Journey to North See 6 H. 4. fol. 3. North that he cannot enter but he may have Escheat It seemes that the Lord cannot enter by Escheat where his Tenants entry is taken away as if the Husband discontinue the Lands of his Wife and the VVife dyes without heire the Lord cannot enter by Escheat 32 H. 6 fol. 27. by Littleton If a man goe over the Sea without license and there takes a Wife and there by her hath Issue if the Issue survive his Father the Land of the Father shall Escheat 22 H. 6. fol. 38. by Newton 1 R. 3. fol. 3. by Hussey He which is borne beyond the Sea and his Father and Mother were English that their Issue shall inherite by the common Law but by the Statute aforesaid it is cleer The same Law is where an Alien borne purchase lands of the King before he be made Denizen or if hee be a Denizen and purchase Lands and dyes without heire borne under the obedience of the King there the King shall have that Land as Perquisite in manner as Escheat Where the Tenant hath an Estate in fee and dyes without heire generall or speciall his Land shall Escheat to his Lord Fitzh 143. T. 32 H. 6. fol. 31. The Lord cannot enter but where his Tenant might enter and for that if the Husband and the Wife discontinue and the Wife dyes without heire the Lord cannot enter by Escheate And if the Tenant be disseised and the Disseiser dyeth seised and his heire enter and after the Disseisee dyes without heire the Lord cannot enter 37 H. 6. fol. 1. It seemes by Fortescue that the Lord shall have Escheat or Ward though his Tenant did not dye seised 2 H. 4. fol. 9. The Lord shall have a Writ of Escheat though his tenant dyed not seised for if he dye his tenant that sufficeth If my tenant lets for life and dyes without heire he doth not dye seised and yet the Lord shall have the
which is no Executor sues an Execution the Conisor shall have this VVrit but upon recovery by the Statute of West 2. One may have a fieri facias within the yeare to have Execution and after the yeare may have Scire facias and if a man be bound in two Statutes one after the other and he which hath the last Statute hath first Execution the other shall have a Scire facias and have execution and if the Sheriff upon a VVrit to have execution returns the Conisor dead the Conisee shall have a Scire facias against the Heire of the Coniser and the Land Tenants 25 H. 7. fol. 17. VVhere the Conisee to whom a Statute is made dyes his Executors shall have Execution without suing Scire facias for that it is given by the Statute but where one hath a Judgment and dies it is otherwise West 2. chap. 45. gives Scire facias upon Judgment and upon Fine 15 H. 7. fol. 14. Husband is bound in a Statute and Lands of his VVife were extended and after the VVife dies and the Heire of the VVife enters now may the Conisee have a Capias for the Body of the Conisor though he had not that at the first for that that the Statute gives the Lands Goods and Body and if execution be defeated by lawfull entry he shall not have a Re-extent but if the Conisor himselfe take the profits of the Conisee or that the profit be destroyed by wild-fire or water the Conisee may hold over his Tearm and the Conisor cannot enter during the Tearme of extent but shall have a Scire facias and shall not have that before the Tearme ended without aquittance or that he leave Money in the Court and where the Conisee is satisfied within the tearm by casuall profit the Conisor shall have upon that a Venire facias and upon that a Scire facias And if it be extended too low the Conisor may lay the Money in Court and recover his Land and if it be found too high the Conisee may pray that the Extenders may take the Land c. 11 H. 6. fol. 8. If the Land extended be drowned by water within the Tearm the Conisee may hold over the Tearm and the same Law where he is outed by a Guardian in Knights service 15 Ed. 4. f. 5. 22 H. 8. chap. 5. VVhere Lands delivered by reasonable extent in Execution have been recovered or lawfully diversted from the Conisee of the Satute Merchants Statute Staple or Recognisances before they have been fully satisfied and paid there Debts without fraud or covin remedy given by Scire facias against the Recognisors to levy the residue VVhere a VVoman recovers dammages in Dower in the Bench she cannot have execution there of those dammages recovered by capias ad satisfaciendum for that that the Capias doth not lye in the Originall 11 H. 7. f. 15. 2 H. 4. f. 7. The Statute of Westm 2 chap. 18. gives Elegit that is to say That the Sheriffe shall deliver all the Chattells of the Debtor except the Oxen and Beasts of the Plow and the half of his Land that doth not extend to a Court-Baron but to Courts where Process is directed to the Sherift and the Statute is also when a Debt is recovered in a Court of the Kings and Court-Baron cannot award the halfe of the Land in Execution for it is no Court of the Kings but of the Lords and he cannot meddle with Lands without the Kings Command but in other Courts Execution shall be of Lands which hath a day of Judgement given and of Goods in this Court and Beasts which the party hath day of the Execution awarded and see also execution of Recognisances and of Statutes for your Learning Execution shall be of Land which hath day of recovery 7 Ed. 3. f. 93. and 21. Ass 2. A man shall have Execution of Lands which he had day of the Judgement and not before Abridgment Ass fol. 93. 19. Ed. 2. Fitzh Execution 249. Natura brevium fol. 168. A man shall have execution in Debt of no Land but of of that which the Defendant had day of the Judgement given and of Chattels which he had day of the Execution sued Natura brevium fol. 107. and 2 H. 4. fol. 15. It seems that all the halfe of the Lands which a Recognisor hath which enters into a Recognisance day of that or after are liable in execution by Elegit 24 Ed. 3. fol. 27. tit Execution 90. Fitzh 267. D. 2 H. 4. fol. 9. Note where one is bound in a Statute Execution shall be of all his Lands which he had day of the Statute acknowledged or after in whose hands they come by Feoffment or otherwise but it is not said so of Goods and Chattells And for that they shall not have them in whose hands they come but those only which he had in his hands day of the execution awarded But if the Cognisor after the Statute acknowledged lets his Land for yeares the Cognisee may out the Lessee for the words are in whose hands they come by Feoffment or in other manner Statute of Merchants fol 48. To have execution of a Statute Merchant first you shall have a Writ of Certificate in the Chancery and there upon Certificate shall goe a Capias returnable in the Common Bench or Kings Bench and then within one quarter of a yeare that it shall be taken shall goe an Extent of all his Goods and Lands See the Statute of Merchants 37 H. 6. fol. 6. Fitzh 130. G. Statute Staple shall be certified as the Statute Merchant is and upon that shall goe a Writ of execution to take him and to extend his Lands and this shall be returned in the Chancery and not into the Common Bench or Kings Bench as the VVrit of execution upon a statute Merchant shall be and upon this shall goe a Liberate Fitz. fol. 131. D. 15 H. 7. fol. 14. Upon a statute Staple he shall have the body lands and goods by a VVrit and upon a statute Merchant First a Capias by a quarter of a yeare c. and upon the returne of that Non est inventus shall have a VVrit to have execution of his Goods and Lands Upon a statute Staple after a Certificate shall goe out a VVrit to take his body and to extend his lands in what County he will and if that be returned he cannot have Extent in another County that is to say a Liberate 2 R. 3. fol. 7. Upon a statute Staple shall goe a Capias out of the Chancery returnable in the Chancery to take his body and to seife his lands into the Kings hands and at the day of returne of that Liberate 37 H. 6. fol. 6. Note that the Statute of Merchants fol. 79. is That an execution upon a Recognizance shall not be made as it is upon a Statute Merchant but as it was used by the Law before the making of this Statute and this was to
hee shall loose by that THe Lord the King shall have the Custody of all the Lands of those which of him hold in cheife by Knights service of which the sayd Tenants were seised in their Demesne as of Fee the day that they dyed of whomsoever they held by the like services c. Prerogative chap. 1. If any hold of Us by Fee farme or by Socage or Burgage and of another holds Land by Knights service We shall not have the custody of the Heire nor of the Land which is of anothers Fee by the reason of Fee farme or Socage or Burgage Magna Charta chap. 27. 11 H. 7. fol. 18. If one hold of the King in cheife and dyes his heire within age and hath Lands discended from another Ancestor the King shall not have the Lands in VVard which discended from another Ancestor And it seemes if a Remainder be in my Father and that discends to me I shall be in VVard of the body living the Tenant for life otherwise it is of a Reversion for Reversion is a Tenement and held but if a Reversion discend and the Tenant for life living I shall not be in VVard but if hee dye first otherwise it is And if my Father dye seised of a Remainder and the Tenant for life after dye seised during the time that I am within age I shall be in VVard 32 H. 8. tit Ward 97. Where a man holds certaine Land of the King in Socage in cheife the King shall not have Livery of more then of the Land in Socage The same Law where he holds in Knights service of the King Rastall Ward 13. and not in cheife the King shall not have more in Ward but onely that which is held of him immediately If one hold of the King in cheife the King shall have all his Land in Ward as well held of him as of others But otherwise it is if he hold of the King only by Knights Service Stam. fol. 6. Though that the Tenant of the King be in possession of Lands held of others the King shall have them in ward by his Prerogative Stamford fol. 7. Where the Tenant of the King doth not hold of the King in cheife the King shall not have the ward of Lands held of other Lords Stamford fol. 10. Grand-Father Father and Son Infant the Grand-Father is seised of a Mannor held of J.S. and the Father of another Mannor held of the King in cheife the Father dies the King shall have the ward of that Mannor and after the Grand-Father dyes the King shall not have the Ward of his Mannor the Statute of Prerog is That the King shall have the custody of all the Lands c. of which the Tenants themselves were seised of in fee the day that they dyed and for that that the Father was not seised of that the King shall not have it in ward 15 Ed. 4. f. 10. If any hold of the King in fee Farm Socage or Burgage and holds also of another in Knights Service the King shall not have the Lands held of another in Ward by reason of those Magna Charta chap. 17. Where a man holds certain Lands of the King Rastall Ward 3. in Socage in cheif of these he shall not have Livery of more then the Land in Socage 32 H. 8. Tit. 97. Also where one holds of the King by Knights Service and not in cheife the King shal not have more in ward but that only which is held of him immediately during the time that the Lands are seised in the Kings hands in Ward otherwise Lords shall loose their Rents that is to say that they cannot distraine during that time Stam. f. 9. Where one holds part of his Land of the King in cheife and part of another Lord and dies his heire within age and the King seises the Ward of all it seems that the Rent of another Lord and Service is but suspended for the time that it is in the hands of the King 26 H. 8. fol. 9. The Signiorie of another Lord in the case next before is suspended but from the distresse during the possession of the King 13 H. 7. f. 15. If a man holds part of the King and part of another Lord and dies his Heire within age which intrudes at his full age and paies the Rent to the other Lord this is a good Seisin and shall binde him after he hath sued his Livery for the Signiorie was not suspended by the possession of the King but only the distresse for after Livery the other Lord may distrain for the Arrearages due before see now 34 H. 8. Tit. Seisin 48.2 Ed. 6. chap. 8. That the Lords shall have their Rents during the minority at the hands of the Kings Officers 26 H. 8. Tit. ward 85. If the Kings Tenant alien in fee without license and dies his Heire within age the King shall not have ward for that that there is nothing discended to him for the alienation is good saving the trespasse to the King which is but Fine by Seisor 1 H. 7. f. 5. If the Heire intrude upon the possession of the King and levy a Fine this is void by the Statute of Prerog chap. 13. Which is where one intrudes there ariseth unto him no Free-hold but if the Heire levy Fine without intrusion that shall binde him and his Heires Time of H. 8. Tit. alienation 22. Tenant of the King in cheife cannot alien for tearm of life without license for he alters the Free-hold Magna charta chap. 4. If a Guardian by the Kings Grant makes destruction or waste he shall loose his Guardianship c. Magna charta chap. 5. The Guardian shall keep up the Houses Parkes Warrens Stanks Mills c. West 1. chap. 11. Where a Tenant lets for yeares and dies the Lord by Knights Service in time past might have outed a Farmor during the Nonage but it is not so at this day IF the Tenant let for yeares and dies his Heire within age the Guardian shall out the Farmor yet he shall have Covenant against the Heire at his full age for this Tearm which the Guardian hath during his Nonage 34 Ed. 1. Title 120 Guardian may out the Farmor and yet at full age the Lessee shall have his Tearm again Britton fol. 163 It is held that a Guardian may out the Farmor for yeares but not the Farmor for life 5 H. 7. f. 37. Fitzh f. 142. C. the same 33 H. 6. f. 47. the same and 14 H. 7. fol. 24. Guardian cannot out Tenant by Elegit but he may out the Farmor Statham 1 Ed. 3. Tit. 13. 1 Ed. 3. fol. 103 by Sharde A Guardian may out the Farmor and so may out him which hath execution by a Statute Merchant inquire of Tenant by Elegit 33 H. 6. fol. 47. and 36 Ed. 3. Tit. That Guardian may out Tenant by Statute Merchant Guardian in Knights Service cannot out the Termor 36 H. 8 Lease 58. 35 H. 8. Tit.
life by Deed and I deliver it out of the view and no livery of seisin that he is but Tenant at will by Newton as it is sayd before 18 H. 6. fol. 16. Note where a Deed shall enure as a confirmation without Livery of Seisin and where not A Lease for yeares is made and after the Lessor makes a Deed by I have given granted and confirmed to the Lessee to him and his heires and deliver to him this Deed this is good without livery 22 Ed. 4. fol. 37. and 19 H. 6. fol. 44. the same If I let to one for yeares and after make to him a Deed by I have given and granted to have the Land for life or to him and to his heires and deliver to him the Deed he hath an Estate according to the Deed without livery and seisin the same Law where a Disseisee makes a Deed by I have given to the Disseisor and delivers to him the Deed as before is sayd Lit. fol. 121. Feoffment to diverse and livery to one where both take and where not and where one makes a Letter of Attorney by words is not good A Man makes a Feoffment by Deed to twenty and delivers the Deed and Seisin to one in the name of all this is good to them all but if he enfeoffe twenty without Deed and Delivers seisin to one in name of all this is good to him onely Time of H. 8. Br Feoffment 72.15 Ed. 4. fol. 18. and 10 E. 4. fol. 1. by Choke Tenant enfeoffs the Lord and another and makes livery to the other nothing vests in the Lord without his agreement 10 E. 4. fol. 12.6 E. 4. fol. 4. Where a Corporation and another are enfeoffed livery to one is not good to both for that that they take in Common and for that livery shall be to both of them 7 H. 7. fol. 9. by Hussey Attorney by word cannot make livery 19 H. 8. fol. 9. by Shelley and Englefeild A man enfeoffe foure by Deed and one makes letter of Attorney to J. S. to take seifin for him and the rest and he takes seisin accordingly the residue take nothing by the seisin 17 H. 8. Br Feoff 67. Mortdancester Many times Mortdancester is brought of Copy-hold Land and for that some thing shall be said of Mortdancester and it seemes if the Tenant traverse one point of the writ the residue shall not be inquired Contrary is by 9 Ed. 3. fol. 30. Fitzh Mortdancester 13. IF one takes Issue upon one point and found against him the residue shall be held confessed 27 H. 8. fol. 12. and 39 Ass 13. But Abridgement of Assise fol. 120. If the Tenant plead in Barr which is found against him the Assise ought not to inquire of the points at large Mortdancester If the Tenant traverse one of the points of the Writ as to say that he is not next heire and is found for the Plaintiffe there he shall not inquire of other points for when one point is traversed all others are in manner acknowledged otherwise it is where he acknowledgeth no point as pleading that the Plaintiffe is a Bastard there they ought to inquire of the residue of the points Statham 35 E. 3. If the Tenant traverse one of the points of the Writ the remainder shall be held not gainsayd by Sharde 14 E. 3. tit Fitzh 8.33 E. 3. Fitzh 34. accordingly Abridgement of Assise fol. 118. The points of the Writ are three that is First if the Ancestor of the Demandant was seised in his Demesne as of fee the day that he dyed Secondly If he dyed seised within fifty yeares last past Thirdly If the Demandant be next heire The Tenant saith that the Ancestor of the Plaintiffe did not dye seised in fee and the Assise charged upon all the points 9 Ed. 3. tit 13. and 9 Book of Assises 14. according B. 21. If the Tenant plead in Barr without that that the Father of the Demandant dyed seised if that be found against him the points of the Writ shall not be inquired but if he plead to the Writ it is otherwise 27 H. 8. fol. 12. by Fitzherbart Where the Tenant traverseth one of the points of the Writ and the Assise is awarded and found for the Plaintiffe he shall not inquire of the other points but shall be taken confessed Abridgement Book of Ass fol. 118. If the Tenant pleads Feoffment or Surrender he ought to traverse the dying seised IF the Tenant pleads matter in Deed as Feoffment of the same Ancestor they ought to traverse the dying seised but if hee plead recovery this is a Barr unlesse the Tenant convey title afterwards 6 Ed. 4. fol. 11. Mortdancester Natura brevium 119. By Thorpe Feoffment of the same Ancestor is no Plea in Barr but to the Assise for the Action is taken of dying seised after that is to say The day that he dyed or not 34 Book of Assises 20. Where there shall be a re-summons and where the Assise shall be awarded upon default and the points shall be inquired THe Tenant was Essoyned and at the day made default and re-summons was awarded and sayd that it ought 8 Book of Assises 13. Inquire Fitzh fol. 196. G. The Tenant was effoyned and at the day made default and adjudged that the Assise shall be taken by his default and that resummons shall not be but immediately after Summons 4 H. 7. f. 23. and 4 Ed. 2. Fitzh 37. A man cannot recover by default in this Writ without inquiring of the points of the Writ 31 Ed. 3. Tit. 58. Abridgment Book of Assises f. 119. The Tenant makes default by which resummons went out upon which he comes and pleads and doth not answer to the default Where it is found against the Tenant upon Plea which trencheth to the action the points of the Writ shall not be inquired otherwise it is upon a Plea in abatement see 39 Book of Assises 13. and 29 Book of Assises 48. Mortdancester If the Tenant plead non-tenure of parcell to the Writ and if found c. And is ready to heare the Recognisance of the Assise the points shall be inquired 20 Book of Assises 19. and 4. Ed. 2. fol. 39. Mortdancester the Tenant saith that he is ready to heare Recognisance of Assise the points inquired 12 Ed. 3. f. 10. If the Tenant plead non-tenure of parcell he ought to plead over to the Assise that is to pray that the Points be inquired 12 Book of Assisee 8. and Abridgment Book of Ass fol. 122. See there Where Mortdancester lyeth IT lyes for the Heir where his Father Mother Brother Sister Uncle Aunt Nephew or Neece dieth seised of any Lands of an estate in Fee and an Estranger abates there the Heir shall have a Mordancester and when his Father were seised and disseised the day that he dyed yet it lyes Fitzh fol. 195. C.D. If Tenent by the Curtesie alien the Heir shall have Mordancester unlesse he hath assets by him And if a
Guardian hold over the Heir at full age shall have a Mortdancester Fitzh fol 196. E. F. Mordancester doth not lye upon Lands devisable by Will and it is reason for it is true that the Ancester was seised the day that he dyed and that he dyed seised and the Tenant is Heir in apparence Fitzh fol 196. I. 4 Ed 2. Fitzh Mordancester 39. It is a good bar to plead devise of the same Ancester and so it seems where there is a devise now by the Statute of Wills Abridg Book of Assises fol 120. 32 H. 8. Chap. 2. One Coparcener shall not have a Mortdancester against another where their Ancester dyed seised and one enters in all and holds out his companion but nuper obiit and if the Ancester dye seised of an estate tail and one enter and deforce the other he shall have a Formedon and not a Mortdaneester Fitzh fol 196. L. Mortmain For that that by the 9th Article it is inquirable of Mortmain to the intent that none shall give in Mortmain but that the Lord may make his claim within the time limited in the Statute Let us therefore see what is an alienation in Mortmain and what not IF Villain of an Abbot or of a Corporation purchase and the Abbot or the Corporation enters this is in Mortmain and the Lord may enter within the yeer 41 Ed 3. fol 16. Fitzh 224. B. Contrary of Land which discends to a Villain 41 Ed 3.21 and 48 Ed. 3.27 If a Feoffment be made to the use of an Abbot or a Corporation this is Mortmain and within the Statute that the Lord may enter 8 H. 4. fol 16. Br 11. If an Abbot Mayor and Commonalty Dean and Chapter or other Corporation alien to another Corporation or Abbot without license this is Mortmain Fitzh 212. D. The same Law if one exchange with an Abbot or Corporation this is Mortmain and the Lord may enter Fitzh fol 223. E. Lord Dean and Chapter or other Corporation are Tenants and the Lord releases to Dean and Chapter or to the Corporation his Rent without license this is Mortmain But if he be licensed of the King and of the cheif Lord and Ad quod damnum be sued or in the license of the King this clause be that is to say without any Writ of ad quod damnum then the Mortmain is not to be inquired in no case where such license is used for that is dispensation that the King nor the Lord cannot enter for Mortmain But if the Lord with license in this case aforesaid be Tenant in tail or for life and dyes I think it is there inquirable Fitzh fol 222. D. and 223. I. But if the King grants to a Corporation liberty to purchase Lands and Tenements to the clear yearly value of 40 li. provided that it be not held in cheif as divers Grants are If such a Corporation purchase Lands and Tenements held of the King as of his Mannours of East Greenwich Depford otherwise West Greenwich Sayes Court Lewsham fee or held of the Queen as of her other Mannors there it is not inquirable of Mortmain but it is to be enquired in the Leet if they have purchased any Lands held in chief or over such a value in the Grant And also it is to be inquired in Court Baron for the Lord. If any Corporation have purchased any Lands or Tenements held of the Lords Mannor notwithwanding the Grant and license of the King aforesaid for this shall not be to dispence against the Lord for Mortmain Where anuity is granted to a Parson or a Vicar of a Church or to a Prior or an Abbot by any tenant It is no Mortmain to be inquired for in anuity if they recover collusion shall not be inquired for that doth but charge the Parson of the grantor and not the freehold 10 Ed. 4. fol. 6.34 H. 6. fol 37.3 Ed. 4.14 33. H. 6.27.20 H. 6.7 and 17. Ed. 3.5 But if any Tenant of the Lord grant by deed out of his Land any rent charge with clause of distresse to any corporation that is Mortmain and inquirable The same Law is If any tenant will that a Corporation shall have to them and their successors a rent charge issuing out of his Land and will not that his Parson be charged in any manner by Writ of an uity but hath in the end of his Deed provided alwaies that this present writing nor any thing in that specified shall in no wife extend to charge my person by Writ or Action of anuitie but onely to charge my Lands and Tenements of the yearly Rent aforesaid This is Mortmain and inquirable The same Law is if any Tenant of the Lord grant by Deed that if the Dean and Chapter Mayor and Commonalty and their successors be not yearly paid at the feast of Christmas 20 s. that then it shall be lawfull for them to distrain for the same in the manner of D. this is Mortmain and inquirable Littl fol. 30. proves this a good Grant See Fitzh 224 G. But where personall things are given to a Corporation as Horse Cow Ox Sheep hoggs or other goods there in this case Mortmain is not to be inquired for these so given are not within the statute 10. H. 7. fol. 3. If a Bishop or an Abbot appropriate to themselves an Advowson held of a Lord of which they are seised in Fee without License that is Mortmain and inquirable Eitzh fol 223. H. and 5 H 7. fol 37. saith that an Advowson lyeth in tenure 40 Ed 3. fol 44. accordingly If a Fishing held of the Lord be granted by the Tenant to a Bishop and his Successors or to a Dean and Chapter and their Successors this is Mortmain and inquirable 40 Ed. 3. fol 44. proves that it lyes in tenure The Statute of Religious fol 79. is That no Religious or other whatsoever shall presume to buy or sell any Lands or Tenements either under colour of gift or tearm or by reason of any Title whatsoever or by any means whatsoever art or wit presume to appropriate them to him under the penalty of forfeiting the same by which the Lands or Tenements may come into Mortmain by any means And the Statute gives liberty to the next Lord if he come within the yeer to enter and if he be negligent and do not enter then the next Lord within half a yeer and if not then the King after the yeer and half may enter And it is inquirable in the Court Baron for the benefit of the Lord that he may enter within the yeer and if the Lord be negligent and do not take his time limited by the Stature then the King may enter and that is inquirable in Leet for the King 25 H. 8. tit 37. Lord and Tenant the Tenant lets for life to I. S. the remainder to an Abbot and his Successors the Lord need not make claim till the Tenant for life be dead for if he will waive the Remainder it is
the Issue shall not pay releif when tenant for life dyes he shall pay releif 5 Ed. 4. fol. 10. If the Heir of full age recover In a whilest he was not Compos mentis or in dum fuit infra aetatem or if his Father had made a feoffment upon condition and he enters for the condition broken he shall pay releife 11. H. 7. fol. 12. Tenant in fee farme upon discent shall pay no releife for that that his rent is entended the very value of the Land 45. Ed. 3. tit 8. B. old tenures the same 20. H. 7. fol. 1. Debt lyeth for releife by Brud Debt is said lies by the Lord for releife but it is held cleer that Executors of the Lord shall have debt for releife So it seems one may have debt for releife or distrain 39. H. 6. and 32. H. 8. Brook Releife 11. Notwithstanding that by will in writing Lands are devised to another in fee yet the Lord may have releife and harriots and may distrain for releife and hariott as he might have done before the making of that statute and though this statute never had been made 32. H. 8. ch 1. Note that releife shall be paid to the Lord which hath an estate in fee or in tail for life or for years for that it is a Perque Site incident to the Lordship and if the Lord dyes his Executors shall have the releife due to him The tenant shall pay but once releife in his life time he shall not pay again by change of the Lord Britton fol. 177. and Bracton accordingly and sayes but once as long as the Heir lasteth 34. Ed. 1. Tit. Anowrie 233. fol. 1. If the releife be due to the Lord and the Lord dyes that shall be a chattell to his Executors 14. H. 4. fol. 8. If one be enfeoffed before the statute to hold by a penny for all services exactions and all demands yet releife shall be due by Sherne Magna Carta chap. 2. If any holds of the King in cheife and owes us releif he shall have his Inheritance by the old releif that is the Heir or heirs of an Earl of a whole County by a 100 l. the Heir or heirs of a Baron of a whole barony by a 100 marks the Heir or heirs of a Knight of a whole Knights fee 100 s. at the most and who lesse hath shall give lesse according to the old custome of the Fee Magna Charta chap. 3. After the Heir be in Ward when he comes to age that is 21 years he shall have his Inheritance without Releife By Glanvile and by Littleton for a whole service of a Knight he shall pay for Releife a 100. s. and to that agrees the Stat. of Mag. Char. Chap. 2. and the Statute is over the heire or heires of a whole Barony 100. Markes and the heire or heires of an Earle of a whole Earldome 100 l. and Litâ—f 35. saith that Tenant by grand Serjeanty shall pay for releife the value of his Land by a yeare beyond all reprises If any hold of any Escheat as of the honour of Wallingford Notingham Bullen and other Escheats which are in our hand and are Baronies and dies his heire shall give no other releife then the Barons did Magna Charta chap. 31. Note that hariot service is to be paid by the common Law upon discent as Releife is to be paid upon difcent and for that where Releife shall be paid let us see where one shall be said in by discent in the title of discent before VVhere land is given to be held by Homage and having his services rendring yearly foure Markes for all services and demands yet releife shall be paid for releife is a thing which growes by reason of services and is incident 18 E. 3. tit avowrie 99. Bracton saith he shall give releife which succeeds by hereditary right but not he that purchaseth All Purchasors are quit of releife all their lives of land purchased and also those which held only for life and also those who have married VVives which have been in ward to their Lords nor he which was in ward to the Lord ought to pay releife Brit. 177. If Mesnalty discend to a Tenant he shall pay the releife if he be of full age holds by Knights service and if within age shall be in ward where a Reversion of Tenant for life discends to one he shall pay releife but otherwise it is if one Tenant levy a Fine to one and his heirs which dies before entry and after the heire of the Conisee hath execution by Scire facias he shal not pay releif so it is if the Father recover in value or in Mortdancester and dies and the heire hath Execution by Scire facias shall not pay releife 11 H. 7. f. 12. No feoffment upon collusion nor use shall defeate releif nor any other fraudulent gift Rastall Uses 7. Rastall Fraud 1. Covin for they are uses executed releife shall be paid as well as of lands by the Statute 19 H. 7. chap. 15. and also by the Statute of 13. Eliz. chap. 5. All fraudulent acts are void against their Lords as touching their Hariots and releifs If there are two Daughters one within age and in ward and the other of full age she shall pay releif for her part Abbot nor Corporation shall not pay releife after the death of the Predecessor for that that they are in by election and not by discent and the Corporation doth not dye 8 R. 2. Tit. 14. But by that booke one by prescription or Deed may have releife after the death of every Abbot or Prior Statham 3 Ed. 3. Tit. 162. Opinion is that after receit of Homage a man cannot avow for releife But Glanvile and Lit. say that it is due immediately after full age that is if they hold by Knights service and by Lit. if they held in Socage it is due forthwith as before it is said if he passe the age of foureteen yeares 15 Ed. 3. Tit. 5. Britton fol. 178. No releife be given before that the Lord be seised of his Homage nor before that the Lord have delivered him the writings of his Heritage if he have them Magna Charta chap. 3. The Lord shall not have the custody before he hath taken homage but the Law is contrary at this day see Title fealty Br. 9. Suit OF making Suit truly c. none that by Deed is infeofted c. doth not make Suit to Court unlesse it be specified in the Deed unlesse he and his Ancestors have used to make it and if he be distrained to make it in another manner it is against the form of the Feoffment and where the writing is to hold by certaine service for all services as to hold by Fealty for all services shall make no suit Marlb chap. 9. And over Rastall Suit 1. If the Inheritance hath more heires let it be appointed that he that hath the eldest part shall only make suit for
and this land intailed is delivered in execution and the Tenant in tail dies after that his issue may enter notwithstanding this Act without suing Audita querela 38 book of Assisse 5. Tenant in tail grants a rent charge and dies the issue enters and enfeoffes I. S. and takes back an estate the charge is determined for by the entry of the issue the rent was extinct notwithstanding execution upon the Statute was executed against the Feoffee of the Tenant in tail and not against his issue 14 Book of Assises 4. Inquire and see the case of Trapps Plow Com. f. 436. 5 H. 7. f. 12. Rent charge is granted by Tenant in tail and after he dies this is determined If issue in tail be outlawed of felony in the life time of his father and hath a Charter of pardon in the life time of his father and after the father dies the issue may enter otherwise it is if the Charter were granted after the death of the father for then if he enter the King shall seise for his life but his issue may enter 29 Book of Assises 60. If Tenant in tail be bound in a Statute Merchant and hath issue and dies and execution is sued against the issue this is disseisin to him 17 book of Assise 21. If Tenant in tail grant a Rent charge and dies the Rent is determined and shall not bind the issue 5 H. 7. f. 14. B. 38 Ed. 3. tit 13. Tenant in tail chargeth the land enters into a Statute or Recognizance and dies it shall be void against the issue If one recover against the Tenant in tail and the Tenant in tail dies before he which recovers enters or hath execution the issue in tail may enter and is not bound by that 7 H. 4. f. 17. B. Littleton f. 155. Tenant in tail of a reversion acknowledgeth that by fine to one with warranty and dies yet this shall not bind his issue for it is no discontinuance by the Common-Law 9 Ed. 4. f. 19. But by 32 H. 8. chap. 36. this fine with Proclamation is now a barr after the year Tenant in taile of Rent grants that to one with warranty and dies this shall not binde the Issue for it is no discontinuance but at pleasure that is if he bring a Formedon and then warranty with Assets is a Barr 15 Ed. 4. fol. 6. 21 H. 7. fol. 10. and 13 H. 7. fol. 10. the same If the Tenant in taile exchange or devise his land in taile and dies this shall not binde the Issue but that he may enter for it is no discontinuance 9 Ed. 4. fol. 22. Tenant in taile grants a Rent charge for release of right in the Land this shall binde his Issue after his death 44 Ed. 3. f. 22. 8 H. 6.23 If Tenant in taile be attaint of Felony and dies that shall not bind the Issue but that he may enter by the common Law 12 H. 4. f. 3. Nat. Bre. f. 102. the same Tenant in taile of full age le ts for 21. yeares according to the Statute of 32 H. 8. chap. 28. reserving the ancient Rent or more and dies this is a good Lease and shall binde the Issue If Tenant in taile let for 22. yeares and dies this shall not binde his Issue but he may enter and our the Lessee but yet he may have covenant against the Excutors of Tenant in taâ—le though it were not warranted in the Indenture 48 Ed. 3. fol. 2. 18 Ed. 3. Tit. 13. the same If the father Tenant in taile of land suffers recovery and execution and dies or cause collaterall warranty to he made one or other shall binde the Issue untill c. for it is discontinuance 3 H. 7. f. 13. The Issue in taile in Formedon may falsifie a recovery by default had against his Father and also where it is by fained action as there was a release made to his Father not pleaded and so recovery joynt Littleton fol. 155 The Issue in taile is not bound by a recovery against his Father but that he may say that his Father discontinued and took another intaile and so was seised of another intaile then he demanded time of the recovery 12 Ed. 4. fol. 15. and 13 Ed. 4. f. 1. the same The Issue in taile is not bound by recovery against his Father if his Father were not Tenant but one J.S. 14 Ed. 4. fol. 2. and fee Plowd Com. fol. 1. the case of Mansell If Tenant in tail infeoffs one against whom a Precipe quod reddat is brought or an entry in the Post and he voucheth the Tenant in taile which made the Feoffment and he over the common Vouchee this double Voucher is the most sure conveyance to Barr the Issue by reason of the recompence in value and this is the common conveyance at this Day where there is an Estate taile and this barrs the Issue in taile forthwith and also is a Barr to him which hath over that in remainder in taile by reason of the recompence which the first Tenant in taile hath by his Voucher 13 Ed. 4. f. 1. and 27 H. 8. Tit. Recovery in value 28. Recovery upon Voucher against Tenant in taile is a Barr by reason of the recompence in value and recovery by Writ of Entry in the Post by single Voucher doth but give the Estate which the Tenant in taile hath in possession at the time of the recovery so that if he were in of another Estate then in taile there the taile is not bound against the Heire 23 H. 8. Tit. 32. Note that a Fine levied by Tenant in taile where the remainder is to another in taile with Proclamations if he dye without Issue he in remainder hath five yeares to make his claime and for that recovery is better for it is a Barr forthwith 30 H. 8. Tit. Recovery in value 30. Of Lands in taile the Issue in taile shall be bound and charged of these Lands to the payment of Debt which his Ancestor ought by obligation made to the King as I take it 33 H. 8. chap. 39. inquire Land that a woman holds in Dower of her Husbands shall be charged where the Husband was indebted to the King if the Heires or Executors have not sufficient but where the title of Dower was before the Debt to the King otherwise it is Fitzh fol. 150. Q. It seems that the Heire in taile shall be charged for Debt due in the Exchequer to the King by his Father if the Executors have not sufficient Fitzh fol. 117. C. Notwithstanding if Tenant in taile Debtor of the King in the Exchequer dy his Issue shall not be charged as it is held in Plowd Comment fol. 249. See there 440. For Debt of the King against the Heire in Fee 32 H. 8. Tit. Discont 32. Recovery against the Tenant in taile the Reversion or remainder in the King in Fee shall binde the Tenant in taile and the Issue in taile but shall not binde the King but now
in their life time and it seemes that after the death of R. and A. without Issue the Land ought to revert to J. See 45 Ed. 1. fol. 20. Tenant after possibility of Issue extinct TEnant after possibility of Issue extinct shall not have ayd of him in reversion but he in remainder shall be received upon his default 2 H. 4. fol. 17. 7 H. 4. f. 10 11 H. 4. fol. 14. the same Time of Ed. 1. Fitzh wa st 125. shall not be punished in wast Nor shall be compelled to attorn in a Quid juris clamat 46 Ed. 3.25 39 Ed. 3. the same and 12 Ed. 4. fol. 3. the same If he alien he in reversion may enter for forfeiture 45 Ed. 3.25 11. H. 4. f. 14. the same 10 H. 6. f. 1 and 39 Ed. 3. f. 20. Tenant after possibility of Issue extinct shall not have wast 2 H. 4. f. 21. wast doth not lie against Tenant after possibility of Issue extinct 45 Ed. 3. f. 25. He shall not have aid but if he alien he in reversion may enter for forfeiture 10 H. 6. f. 1. 39 Ed. 3. f. 20. Lit. f. 7. and 11 H. 4. f. 14. the same 39 Ed. 3. tit 17. Taile Tenant after possibility of Issue extinct which is impleaded shall not have aid of him in reversion but if he alien in Fee he in reversion may enter and shall not be compellable to attorn nor wast lies against him but if he makes default after default he in reveresion may be received Tenant by the Curtesie IF a married woman be Tenant after possibility of Issue extinct and the Fee discends from her Ancestor and she dies it is held that the Husband shall be Tenant by the curtesie 9 Ed. 4. f. 19. and 14 Ed. 3. f. 7. Husband discontinues Lands of his Wife and takes an Estate again to them in fee and hath Issue and the Wife dies then the Husband shall not be Tenant by the curtesie 9 H. 7. f. 1. If a man have Issue by his Wife Inheritrix though she had Issue a Daughter before she inherited yet he shall be Tenant by the curtesie 21 H. 3. Title Dower 198. If a woman Signioresse take her Tenant to Husband and hath Issue and dies the Husband shall not be Tenant by the curtesie of Services 1 Ed. 3. Tit. Dower 70. A man shall not be Tenant by the curtesie unlesse his VVife have possession in Deed of it but of an Advowson and Rent where she dyed before day of payment he shall be Tenant by the curtesie 21. Ed. 3. fol. 49. the same If the Issue be born living notwithstanding that he dies before he be heard cry the Husband shall be Tenant by the curtesie for the Issue shall not be taken if the Infant were heard cry after he was born but if he were born alive or not Perkins f. 89. A man seised of Land in fee is attaint of felony his Wife shall loose Dower but if the VVife seised in fee be attaint of felony and hath Issue by her Husband and she is hanged yet the Husband shal be Tenanr by the curtefie 21 Ed. 3. f. 49. A man takes a VVife seised in fee and hath Issue he commits felony for which he is attaint the King pardons him it seems he shall not be Tenant by the curtesie by reason of the Issue which he had before his attainder but if he had Issue after his pardon it is otherwise 13 H. 7. fol. 17. If a man takes a VVife seised in fee and she is attaint of Felony and hanged the King shall have the Land forthwith if the Husband were not intitled to be Tenant by the curtesie 11 H. 4. f. 19. b. Daughter and Heire endows her Mother and after takes a Husband and hath Issue and dies the Mother after dies the Husband shall not be Tenant but by the curtesie of that 8 Book of Affises 6. 3 H. 7. f. 5. If Rent discends to a Daughter which takes a Husband and she dyes before the day of payment the Husband shall be Tenant hy the curtesie Fitzh f. 149. D. A man shall not be Tenant by the curtesie of Land of the VVife unlesse the VVife have possession in Deed of that Land if it be not in a special case as of Advowson or Rent where she dies before the day of payment of the Rent Tenant in dower THE Wife after the death of her Husband shall remain in the cheife House by forty daies after the death of her Husband within which daies her Dower shall be assigned unto her unlesse before it were assigned and there shall be also assigned unto her the third part of all the Land of her Husband which was his in his life time Magna Charta chap. 7. Of Widowes which cannot have their Dowers without Suit that is that whosoever shall deforce them of their Dowries of the Tenements of which their Husbands died seised and afterwards the same Widowes by Suit recover them they shall give unto the said Widowes all their dammages according to the value of the whole Dowrie due unto them from the time of the death of their Husbands Merton chap. 1. If a Woman of her own accord leave her Husband and departeth and liveth with an Adulterer she shall for ever loose her action of recovering her Dower which was due unto her of her Husbands Tenements and be of that convicted unlesse her Husband of his own accord and without cohersion of the Church shall receive her and suffer her to dwell with him West 2. chap. 34. If the Hnsband be attaint convict or out-Lawed of Felony yet his Wife shall be indowed but if the Husband be attaint of Treason his Wife shall not be indowed by 1 Ed. 6. chap 12 5 Ed. 6. chap. 11. Where a woman shall beindowed and where not WHere the Husband Tenant of the King dies and his Wife is committed to the King during that time she shall not have Dower if she be not surprised of Dower 2 H. 4. f. 7. 6 H. 4. f. 7. It seems if a woman takes a lease by Indenture for years that during this lease she is not Dowable but if she take the Lessor to Husband and after he dies she is Dowable notwithstanding the lease 6 H. 4. fol. 7. Fitzh 149. E. the same Dower shall not be where the Husband dies having the reversion of a Free-hold that is of a reversion of an Estate for life as a man lets for life and afterwards takes a Wife and dies 2 H. 4. f. 27. 1 Ed. 6. tit Dower 89. 7 H. 6. f. 9. by June Fitzh 149. C. A woman may be endowed of a mine of Coals but she cannot make new mines for that shall be said wast Where the Estate is made to the Husband for life the remainder to another for life the remainder to the Husband in fee the Husband dies his Wife shall not have Dower unless that the Husband survive him in remainder for life 46 Ed. 3. f.
the intaile is determined the Lease is determined and void 1 Ed. 6. tit acceptance 19. Lease for yeares and so from yeare to yeare as long as both parties pleased after he hath entred into every yeare it is a Lease for that yeare and a Lease for a thousand yeares is good 14 H. 8. f. 1. Lease for three hundred yeares is good and is but a Chattell notwithstanding the long time 32 Book of Assises 6. If a man lets for sixty yeares and so from sixty yeares to sixty yeares untill two hundred yeares be ended this is also one self same Lease and good 29 H. 8. tit Lease 49. and Plowdens Commentaries 273. the same The Husband and his Wife purchase to them and to the Heires of the Husband and after the Husband lets for yeares and dies the Wife may enter and avoid the Lease for her Life but if she dy before the residue of the Tearm it is good to the Lessee against the Heire of the Husband 33 H. 8. tit Lease 58. And note by all the Justices that the Guardian by Knight Service shall not out the Termor where he hath a Lease of his Tenant which dies his Heire within age contrary was the Law in times past as it appeares before in the title Ward VVhere it is agreed and granted to J.S. that he shall have twenty Acres in D. for twenty yeares this is a good Lease for this word Concessit is as strong as devised 37 H. 8. tit Lease 60. If one license one to enter and to occupie his Land for years it is a Lease for yeares in Law 10 Ed. 4. f. 4. 5 H. 7. f. 1. the same Tenant in taile lets for twenty two yeares rendring Rent and dies and the Lessee lets that over for ten yeares and the Issue accepts the Rent of the second Lessee this is no confirmation of the Lease for there is no privity betwixt the second Lessee and him 32 H. 8. Tit. Acceptance 13. A man lets for ten yeares and the next day lets the same Land to another for twenty yeares this is a good Lease for the last ten yeares of the twenty yeares which are ended after the first ten yeares 26 H. 8. Tit. Lease 48. See the time of H. 8. Tit. Lease 35. Weston saith If I let for so many yeares as J.S. shall name and after J.S. in my life time names certaine years the Lease is good for those yeares Plowdens Commentaries 273. A man lets a House with the Appurtenances no Land passes but if a man lets a House with all the Land to the same belonging there the Lands with that used passe and it is a good Lease of those Plowd Com. f. 273. 31 H. 8. tit Lease 55. See Plowd Com. 85. b. and f. 170.23 H. 8. tit Feoffments 53. If a man lets for life to J.S. and the next day lets to W. N. for yeares the second Lease is void if it be not granted of a Reversion 37 H. 8. tit Lease 48. A man lets for yeares to have after the Lease thereof made to J.N. ended and in truth J.N. hath no Lease this begins forthwith 3 Ed. 6. tit Lease 62. A man hath a Lease for yeares as Executor of J.S. and after purchaseth the Reversion the Lease is extinct and determined yet it may be assets 4 Ed. 6. Tit. Extinguishment 24. Leases made by a Bishop otherwise then for 21. yeares or three lives from the time that such Lease begins and where upon the old Rent is not reserved is void 1 Eliz. not in Print and for that a Lease made for thirty yeares by a Bishop and confirmed by the Dean and Chapters under their Seale shall not binde their Successor but if the Bishop Dean and Chapter joyne in a Lease for thirty yeares this is a good Lease notwithstanding this Statute And see Pulton tit Ecclesiasticall persons What Lease by Spirituall persons is good and what not And see 13 Eliz. chap. 10. That a Lease by Bishop Dean and Chapter for longer time then twenty one yeares or three lives is not good and by 14 Eliz. chap. 11. They may make a Lease of Houses in Cities and Borroughs for forty years and by 18 Eliz. chap. 11. They cannot let where there is an old Lease which hath continuance for three yeares or more A man possessed of a Tearm for forty yeares grants so many of them to J.S. which shall be behinde at the time of his death and it seems it is void for the Incertainty otherwise it is if it were by devise But if a man lets his Land to have after his death for forty yeares this is good for this is certaine 7 Ed. 6. tit Lease 66. See 8 H. 7. fol. 4. Grant of Rent but if a man let for life and foure yeares over is good Tenant which holds in cheife dies his heire before Livery sued makes a Lease for yeares this is good if no Intrusion be found by Office and if after the Lease the dying seised be found by Office and no intrusion it hath no relation to the death of the Ancestor unlesse for the profits and not to defeat the Lease 5 Ed. 6. Tit. Lease 57. Tenant at will What acts Tenant at will may do and what to him and what by him are good and what not IF Tenant at will lets for yeares in his own name He is a Disseisor 12 Ed. 4. f. 12. Release made to the Tenant at will by the Lessor is good Lit. f. 108. If one alien his Mannor there need not that Tenant at will attoin Lit. f. 125. Tenant at will cannot grant over his Estate to any for he hath no Interest certaine 27 H. 6. f. 3. B. If a man lets to one at will the Lessor dies the will is determined 21 H. 6. f. 42. If Tenant at will be outed this is Disseisin to the Lessor and yet the Tenant at will may enter without commandement of his Lessor for the will continues 38 H. 6. fol. 28. If Tenant at will make wast action upon the case lies against him and not wast 48 Ed. 3. f. 25. 11 H. 6. f. 38. the same See Lit. f. 15. 12 Ed. 4. f. 8. the same 22 Ed. 4. f. 5. Trespasse lies 14 H. 8 f. 12. By Brown If Tenant at will makes wast action upon the case lies and by Roo if my Father lets at will and dies the will is determined Littleton fol. 14. If Tenant at will makes voluntary wast he saith that the Lessor shall have an action of trespasse but it seems he intended trespasse upon the case 48 Ed. 3. f. 2. Action upon the case lies against Tenant at will which makes wast in burning of Houses willingly and not action of wast 2 Ed. 4. fol. 5. By Littleton If I deliver to you my Gown and you burn it action upon the case lies and not trespasse By force of Armes 43 Ed. 3. f. 30. If one hath Goods by delivery trespasse doth not lye against him but
came with him to the Assise staid with him pray'd the Sheriff to make an indifferent pannell which is the same maintenance and it is a good Plea 11 H. 6. f. 39. Generall Attorney which sues and is not skilled in the Law may well meddle but he cannot proffer Money to a Jury but may pray them to appeare 34 H. 6. fol. 27. By Choke Maintenance he cannot justifie for that that he was an Attorney retained with him and that by commandement of his Master he retained Councell and gave to them forty pence of his Masters Money and good Inquire if an Attorney cannot retaine Councell without the commandement of his Clyent and if he may not disburse of his proper Moneys for the time But Attorney cannot give of his proper Money nor of his Masters money to Jurors 36 H. 6. fol. 29.11 H. 6. fol. 13. the same Maintenance the Defendant saith that he was an Attorney in the action Judgment if action and good But he cannot give any thing to the Jury but as an Attorney and give Evidence to the Jury for his Clyent he may 13 H. 4. f. 19. If a man maintaine a quarrell by his Attorney action of maintenance lies against the Master 22 H. 6. f. 24. And by Newton If a man of great power in the Countrey will say in the presence of the people that he will spend twenty pound for one party or will give twenty pound to labour for the party though he give nothing is maintenance see before 9 H. 7. fol. 18. Maintenance against a Servant of one by Fortescue if he meance Jurors to out them of their Tenures if they do not paâ—e with his Master this is special Maintenance in the Servant 19 H. 6. f. 30. A man skilled in Law may do his endeavour for his Client and it is no maintenance if the Plaintiff cannot alleadge other special matter forbidden by the Law 8 H. 4. f. 6. B. Embraceor is he which comes to the Barr with the party and speaks in the matter or is there to overlook the Jury or to put them in feare but men skilled in Law may speak in the Cause for their Money but they cannot labour the Jury and if they take money to do that they are Embraceors Fitzh f. 71. A. Tenures and Services It is expedient to know the Services and Tenures which your Tenants shall do and first of the Tenure in cheif and other Tenures of the King and then of other Lords FIrst Tenure in cheif is called where one holds of the King meerly as of his Crown which is a Signiory ingrosse for that it is held of him which is alwayes King and not of the King as of his Mannour of D. c. Fuzh. 3. D. If any Land be held of the King as of the Honour Castle or Mannour such Lands are not held of the King in cheif and this is proved by the Writ of Right which shall be directed in such a Case to the Bailiffs of the Honour Castle or Mannour Also the Statute of Magna Charta chap. 31. is if any hold of any Escheat as of his Honour of Wallingford Nottingham Bullo gne Lancaâ—â—er and of other Escheats which are in Our hand and are of Baronies and dies his Heir shall not give other releif nor make to us other Service then the Barons should make if that Barony were in the hands of the Baron and we in the same manner will hold it as the Baron held it 1 Ed. 6. chap. 4. also is that where a King hath or after shall have any Dukedomes Baronies Castles Mannours Land Tenements Fees or Signiories by Attainder Conviction Outlary or by Dissolution of Monasteries which Lands held of them by Knights Service Socage or otherwise shall not be construed to hold in chief nor as Tenure in cheif See in Br. Tit. Tenures 100. Littleton fol. 31. Tenure of the King in Burgage is where an ancient Town is of which the King is Lord and those which have Tenements within the Borough hold of the King their Tenements that every Tenant by his Tenure ought to pay to the King a certain Rent by the year and such Tenure is but Tenure in Socage Fitzh 6. D. Lands and Tenements within Cities and Townes are held of the King in Burgage Tenure and it behoveth that a Writ of Right Patent of them shall be directed to Mayors Sheriffs and Bailiffs as Bailiffs and Officers of the King as if Lands were held of the King as of any Honour Castle or Mannour by which it appears Tenure in Burgage is Socage Tenure and not Socage in cheif Fitzh fol. 1. J. the same Stamford 13. If one hold of the King in Burgage the King shall not have first Seisin but otherwise it is where he holds of the King by Knights Service in cheif or by Socage in cheif for the Statute of the Kings Prerogative chap. 3. is the King shall have the first Seisin after the Death of them which of him held in cheif of all Lands and Tenements of which they were seised in their Demesn as of Fee whatsoever age their Heirs were of and that is taken as well of Socage in cheif as otherwise in cheif 7 H. 6. fol. 3. The King shall have first Seisin where his Tenant dies seised in his Demesne as of Reversion 47 Ed. 3. fol. 21. If the King purchase Lands which is held of others by this all the Services are extinguished and if he infcoff others to hold of him he shall hold of his Crown in cheif by Finchden and also when an Honour is seised into the Kings hands and a Mannour is held of that Honour which escheats unto him as of common Escheat if he alien to hold of him he shall hold as he held before of the Honour and by the same Services but if he come in as by Forfeiture by Warr or Escheat which is because of his own person and he seise and infeoff others they shall hold in cheif if the King do not expresse other Tenure 33 H. 6 fol 7. By Prisot if the King seise Land by Forfeiture of Treason and grant that over to hold of the cheif Lord by the Service due c. that in this case he shall hold of the cheif Lord as it hath been adjudged 44 Ed. 3. f. 45. The King gives Lands to one to hold to him and his Heirs by the Services due c. and by all the Justices that is Tenure by Knights Service 11 H. 4. fol. 71. It was recorded in the Exchequer that such a one holdeth so much Land of our Lord the King by Serjeanty to finde one Man for the Warr wheresoever within the four Seas and by Hank it is great Serieanty to be made by the Body of a Man 13 H. 7. fol. 16. If one hold of the Dutchy of Cornwall it is in cheif for it was ancient Lands of the Crown Fitzh 165. A. To hold Land to pay certain Rent to the Keeper of the Castle of
of parcell the Lord may distraine in this parcell so aliened and also in this part which remaines in the possession of the Tenant 11 H. 7. fol. 12. Feosment before the Statute or a gift in taile to make a thing to himself or to another for common wealth is good as to make a Beacon or a Bridge but to ride with a stranger is not good Fitzh 1. L. To hold of us by free service to finde for us together with his partners Five ships for our passage at our command for all Services it seems to be Socage tenure Fitzherb 83. C. E. A Writ de Scutgio habendo lyeth when one holds by Knights Service and the King goes in avoyage into the VVarr in his proper person or his Leife-Tenant against the Scots and none shall pay Escuage but those which hold to go into the VVarr and not he that holds by Cornage nor by keeping a Castle Littleton 18. and Littleton the 19. One may distrain for Escuage or have a VVrit De scutagio habendo Fitzh 135. a. If one hold twenty Acres by twenty shillings of the King and aliens a parcell yet the King or his Officer may distraine one of the Tenants for all and is not bound by the Statute to distraine for that parcell but otherwise it is of a common person for if he distraine one for all he shall have a Writ to be discharged for a ratable proportion But in case the king or his Tenant aliens part the Alienee makes Fine to the king for this Alienation It seemes reasonable if he be distrained for all the Rent he shall have a Writ to be disburdened for a rateable proportion against the kings Officer which distrains Westm 3. That the Feoffee of part shall hold for that particular part according to the quantity of the Land so sold c. Where by 27 H. 8. chap. 27. It was Enacted That the king shall have to him and his heires all Monasteries of Monks Channons and Nunns which had not Lands Tenements Rents c above the value of two hundred pounds And also all Monasteries which have been granted to the king within a yeare next before this Statute by the Abbots or Priors under their Seale or which have been otherwise suppressed or dissolved yet in this Act is a saving to the Lords Rents profits services and commodities as they before have had them So that of these Monasteries the Rents and Services of the Lords are not gone by this Act where such Abbies hold Land of any Lord but are saved to them But By 31 H. 8. chap. 13. The King is vested deemed and adjudged in actuall and reall Seisin and possession as well of the Monasteries dissolved by 27 H. 8. as of all others and in this statute is a saving to every person all their Right Title Claim Interest Possession Rents Charge Annuities Leases Offices Commons Synods c. and other Profits in the Premises or any part of that as if this Act had not been made Rents services Rents seck and all other service and suits onely except so by this statute the Rents and services of the Lords are gone 1 Ed. 6. chap. 14. which gives Chanteries c. to the King in this is a Proviso that every one which before that Act lawfully without Covin or fraud hath any manner of Rent or any yearly profit to be taken of Chantries Colledges free Chappell 's and other the Premises in like manner and form as they ought to have if the Chantries c. had been in being so that the Lords of those shall not loose their Rents 2 and 3 Ed. 6. Chap. 8. It is enacted that where by office found the King is intituled to Lands or Tenements in which others have Copihold Rent common Office Fee or other Profit to take for life or for years not found in the same that they shall enjoy the same Interest by Copy Rent common Office Fee or other Profits to be taken as if the same had been found by Office and provides that if one be found within age or of lesse age then he is that at his full age or after he may have Aetate probanda or sue Livery or Ouâ—ter le main as his Case lies and provides that where it is falsely found by Office that any Attaint of Treason or Felony is seised of any Lands or Tenements whereof another hath just Title or Interest of an Estate of Freehold that he shall have Traverse or Monstrans of Right to the same without being put to his Petition And provides where it is found of what man or of whom the Tenements are held the Jury is altogether ignorant it shall not be taken for a Tenure in Cheif but there shall be a better Inquiry awarded 37. H. 8. Chap. 20. It is enacted that where by 35 H. 8. chap. 14. Houses not being Princely houses of the King having Lands not above forty shillings that is were granted by the King and Tenure by Fealty to the King and not in Chief is Socage and that extends to all Letters Patents made within five years after the Statute Littleton fol. 23. If a man hold his Land by paying certain Rent to his Lord for keeping a Castle such Tenure is Tenure in Socage but where the Tenant ought by himself or by other make the keeping of a Castle such Tenure is Tenure by Knights Service so by Littleton Escuage to go of a voyage Royall c. and to keep a Castle or the doore thereof c. and to hold by Cornage that is to hold to make Service by the body of a man these are Knights Service and to hold to pay Rent is Socage for payment by him is Socage View Where one shall have View of Land in a Writ or Plaint in nature of a Writ of Land and where not THe View is not to be granted but where it is necessary and if any Writ abate by a dilatory exception after the View as by non-tenure ill naming the Town or such like he shall not have the View in the second Writ which issueth also in a Writ of Dower where her Husband hath aliened to the Tenant or his Ancestors although the Husband died not seised the Tenant shall not have the View and also in a dum suit infra aetatem not of a right mind and such like the View shall not be granted West 2. Chap. 48. 1 H. 5. fol. 11. upon the Resummons of Dower the Tenant demanded the View the Demandant saith her Husband died seised by which Judgement and prayed that he be outed and he was outed by a Ward 5 H. 5. f. 4.9 H. 5. fol. 4. f. 9. 9. Ed. 4. fol. 6. Dower the Tenant demands the View and held where the Husband aliens the View is outed by the Statute 2 H. 4. fol. 2. Dower the Tenant hath the View notwithstanding that he disseised the Husband See 7 Ed. 4. fol. 19. 11 H. 4. fol. 38. Dower the Husband did not die seised
iustifie by command of him to whose use he ought to say that at the time of the commandement they were seised to the use c. the same Law if one plead a Lease and Release he ought to say that he was possessed at the time of the Release made 10 H. 7. f. 26. 7 H. 7 f. 3. the same That which is Issuable ought to be pleaded certainly ONe avows for that that the Plaintiffe held of him by a Knights Fee and this is not good for that he doth not shew by what Knights Fee 12 H. 8. fol. 13. 3 H. 7. f. 2. One traverses the Office found after the death of the Lord Greystock the Kings Tenant which was found that he died seised and he said that the Dean of York recovered against the Lord G. in a Writ of Right long before the finding of the Office and it may be he recovered against him long before the finding the office and it might be after the death of the Lord Greystock and for that it is not good for it is uncertain So if one plead that he entred for that that his Tenant aliened in Mortmain he ought to shew that he entered within the year otherwise it is not good 26 H. 8. fol. 2. Debt upon Obligation indorsed with condition if he make an Estate as it shall be devised by the Plaintiffe Defendant saith that he hath made an Estate and it is not good without shewing what Estate 1 H. 7. fol. 13. One comes to reverse an Outlawry of Felonie and pleads that he was in the Castle of Oxford at the time of the Outlawry published and for that he doth not shew in what County the Castle is nor under whose custody it is uncertain and not good for these are Issuable 2 H. 7. f. 6. Dower against the Heire he saith that he was ready to render Dower if she would deliver to him the Writings concerning his Land and for that he doth not shew what Writings incertain it is nor good for it is Issuable Affirmative and Negative Issue shall be upon the Affirmative and Negative and it shall not be answered by Argument DEbt against the Administrators of J.S. Defendant saith that J. S. made him Executor Judgement of the VVrit he shall say without that that he died intestate for this is alledged by the Plaintiffe 9 H. 6. fol. 7. 11 H. 4. fol. 88 Trespasse of taking six beasts the Defendant iustifies the taking of them by agreement the Plaintiffe saith they were other six and ought to traverse without that that he took those six in the Negative 11 H. 6. f. 1. VVrit upon the Statute of Labourers and counts that the Defendant was a Vagrant and he required him to serve and he refused Defendant saith that he was in the Service of J. S. and shall say without that that he was a Vagrant 1 H. 6. f. 15. Formedon in Reverter and counts of a gift in Tail the Defendant saith that the Donor gave in Fee and it is not good but he shall say without that that he gave in Tail 10 H. 6. f. 7. Account for the Heire against a VVoman Guardian in Socage Defendant saith that the father of the Insant held of her in Knights Service and died and Defendant seised him and he ought to say without that that he held by Knights Service 14 H. 8. fol. 4. The Avowant saith that W. the tenth day of February year twenty five granted his Interest to him and avowed doing damage Plaintiffe saith that W. the first day of Feb. year twenty five granted his Interest to him and he put in his beasts without that that he granted that to the Avowant before he granted that to him and good 38 H. 6. f. 17. Action upon the Case of that that he hath Leet and Fines and Amerciaments of the same Defendant saith true it is that the Plaintiffe hath Leet but that he the Defendant hath Fines and Amerciaments he ought to say without that that the Plaintiffe hath the Fâ—nes and Amerciaments 18 H. 6. f. 8. Debt upon an Obligation dated the twentieth of Aprill and first delivered the second of May the Defendant pleads Release the last day of April and that the Obligation was delivered when it bore date and for that that he hath not traversed in the Negative that is to say without that that it was first delivered the second day of May it is not good 32 H. 6. f. 4. Debt and Counts of a Lease of a House rendering twenty shillings Defendant saith that he let the House and four Acres rendering twenty shillings and ought to traverse otherwise it is but an Answer by Argument 32 H. 8. f. 8. Debt against Executors Defendant saith that the Testator died intestate that the Administration was granted to him he ought to say without that that he is Executor or administred as Executor 1 H. 7. f. 13. Debt upon a simple Contract Defendant saith it was upon Condition and shall say without that that he sold in manner and form 4 H. 7. f. 9. Partition Defendant saith that he was onely seised and shall say without that that he held as undivided 6 H. 7. f. 5. 4 H. 6. fol. 4. Debt against J. S. of D. Defendant saith that he is dwelling at S. and shall say and not at D. 19 H. 6. f. 1. the same 7 Ed. 4. f. 16. Scire facias against a Parson for Arrerages of an Annuity Defendant saith that before the Writ purchased he resigned to the Bishop of L. and so that remaines in his hands Judgement of the Writ and it is no Plea for it is but an Answer by Argument and for that he shall say without that that he was Parson day of the Writ purchased or afterwards 11 Ed. 4. fol. 4. Action upon the Statute of Rich. by J. Freestone Defendant saith that the Master of the Colledge of Maidstone and his fellow-brethren let c. Plaintiff saith at the time of the making of the Lease there were not any fellow-brethren of the said Colledge and this is but an Argument and for that he shall say without that that the Master and his fellow-brethren let 14 H. 8. f. 29. Issue shall be upon Affirmative and Negative 9 H. 7. fol. 13. Trespasse Defendant justifies for Fealty not made the Plaintiff saith it was not unmade and good in the Negative Material Let us see what things are material in pleading Evidence and Verdict and otherwise and what not ACtion upon the Case in London and counts that he was possessed of Wine and Stuff and shews that certain in such a Ship and the Defendant at London assumed for ten pounds that if the Ship and Goods did not come safe to London and are put upon the Land there that then he shall satisfie one hundred pounds to the Plaintiff and counts that aftewards the Ship was â—obbed upon the Trade in the Sea and for not satisfying Action did accrue and though that the Plaintiff doth not shew where
he was possessed it is good and though it appear upon the Evidence that the Bargain was made beyond Sea and not in London yet for that the place is not local it is not material and though they were robbed upon the Sea the Action lies in London upon the Assumpsit 34 H. 8. Tit. 107. 40 Ed. 3. fol. 2. Precipe against H. Son of W. Osmond the Tenant at the great Cape came before he saved his default and saith that his Father is named Edmond and not Osmond and shall have that Plea before he save his default and that is material for mischeif of the Warrant 40 Ed. 3. f. 48. 41 Ed. 3. fol. 15. Ravishment of J. Heir to his Father where he was Heir to his Father and Mother for the Lands were given to the Father and Mother and to the Heirs of their two Bodies and the Mother survived and yet it is good for the Action is personal and it is not material if he be named Heir to one or other 43 Ed. 3. fol. 4. the same 3 H. 7. f. 14. Where a Jury appears and notwithstanding the Distresse for the Jurors were not wâ—ll returned it is not material and for that it shall not be assigned for Error 21 H. 7. fol. 36. It seems in the Case of a Lease of Common except profits that where a Lease is pleaded to be made one day and it is found by Verdict to be made another day the day is not material and the party shall recover and where Trespasse is alleadged to be made one day and it is found to be made another it is not material but the party shall recover 33. H. 7. f. 11. In an Obligation one is named of D. he is not estopped to say that he is dwelling at S. and not at D. for it is a recitall not materiall 34 H. 6. f. 21. Debt against J. wikes at Bristoll 38 H. 6. f. 9. The Array was challenged for that it was made at the denomination of the party by one J. S. the Sheriffs Clerk and given in Evidence that it was made at the denomination by the Baillff of the Franchise and that is good Evidence for the substance and effect is if it were made favourably or not and the other is not materiall 32 H. 6. fol. 3. The Original in Debt is two and forty pounds and there is a Supersedeas sued upon that for that the Defendant is Clerk of the Chancery and the Supersedeas doth mention four and forty pounds and yet for that he is a Clerk of the Chancery hath the priviledge allowed and the other is not material 36 H. 6. f. 2. Debt upon a Recognisance the Defendant pleads no such Record and it is certified Recognisance upon Condition not expressed and the Plaintiff shall recover otherwise it is if it were certified upon Condition therein 42 E. 3. f. 3. Covenant by one as Heir where a Covenant was made to his Father and his Heirs to sing Divine Service within his Mannour he need not to be named Heir whether he be named Heir or not it is not material for if he be Tenant of the Land it shall not abate for that for he that hath the Mannour shall have this Covenant for the thing is to be done upon the Land 44 Ed. 3. f. 38. 44. Ed. 3. fol. 45. Assise of Tenements in Belham Defendant pleads Recovery of the same Lands put in View in Eston and for that that the Town is not material in Assise for he shall recover by View of the Jurors is good 6 H. 7. fol. 6. Appeal against J. Hasset Cannon of the Monastery of W. the Defendant saith no such J. Hasset Cannon of the Monastery of W. it is not good for if he be Cannon or not it is not material but no such J. Hasset as is supposed by the Writ 10 H. 7. f. 27. 3 E. 2. tit Escheaâ— 8. In Escheat the Plaintif counts that his Tenant committed Felony for which he was attaint and the count was challenged for that he doth not say for what Felony and yet it is good for it is not materiall for what Felony it was 7 H. 4. f. 1. Debt by a woman Defendant pleads that shee is out-lawed at the Suit of J.S. and the Plaintif pleads no such Record and she was out-Lawed at the Suit of N.S. and she shall not be answered for it is not materiall at whose Suit she was out-Lawed 4 Ed. 4. fol. 29. Obligation is W.N. to be bound to J.S. and is to be paid to W. N. where it should be J. S. and this to be paid is not materiall for the Obligation is good without to be paid and may count solvendum J. S. and it is good 7. Ed. 4.5 Hominereplegiando by an Abbesse they were at Issue and it is a principle challenge that one of the Jury was cozen to a Nun of the Abbesse and it shall be tried if he were Cozen or not and it is not materiall how he is Cozen. 9 Ed. 4. fol. 4. A man is bound in an obligation the condition of that is if he go to the Church and marry his Daughter c. and he rides and marryes her that sufficeth and the other not materiall for the Marriage is the substance and not going or riding to do it 10 Ed. 4. fol. 13. Detinue against J. Curson and the writ was command J. Curson Son and Heire of J. Curson where in truth he was Son of William Curson and the Plaintiff counts of delivery of Goods and for that it is not materiall 12 Ed. 4. fol. 1. Trespasse of Goods taken the Defendant saith that in London there is a Market every day but Sunday and that J.S. sold them to him upon a Fryday and though he do not shew what year it is good for it is not materiall 22 Ed. 4. tit 128. Shewing of Deeds trespasse by Admistrator and counts of Goods taken out of his own possession he need not shew Letters of administration for that it is of his own possession and is not materiall 38 Ed. 3. tit 14 Detinue of writings by J. Son of T.W. it is no Plea that the Plaintif is a Bastard for he demands but Chattells whereof he was in possession and it is not materiall 15 H. 7. f. 11. Trespasse where the Defendant conveyes to him title by diverse scoffments of strangers the Plaintiff may traverse any which he will but if he convey any title from the Plaintiff himself that is more materiall and traversable 3 Ed. 4 fol. 19. Trespasse the Defendant saith that J.S. gave in taile to his Ancestor which dyed seised and this discended to him the Plaintiff saith that he was seised in Fee in right of his Church till the Defendant outed him and ought to traverse without that that J.S. gave in taile c. For this is most materiall 15 Ed. 4. fol. 2. the same 26 H. 8. f. 1. The King recites that for the good service that he had done in the Warrs
Steward that W. N. lying very sick 10 day of A. the year of the Reign of the aforesaid Lady the Queen 19. surrendred into the hands of the Lord by the hands of the said steward the Court being absent in the presence of R. C. R. P. and C. H. one tenement called Miles in which lately dwelt W. G. with all his lands and tenements within the prebend of J to the use and behoof of M. his wife for tearm of her life and aster the desease of the said M. the remainder to W. T. son of the foresaid W. the father and E daughter of the said W the father and sister of the aforesaid W. their sons and heirs upon this condition notwithstanding following that if it happen any of the aforesaid W. the son and E the daughter to dye without heirs of their body issuing that then he or she which did survive shall have enjoy the tenement aforesaid to them and their heirs for ever And upon this came into this Court the aforesaid M. did desire to be admitted into the Tenement aforesaid with the appurtenances to whom the Lord by J. K. his steward granted thereof seism by the rod to have to him in form aforesaid at the will of the Lord according to the custome of the Mannor and gave to the Lord for his fine for his entrance there had as it appears c. and made his fealty and is admitted thereof Tenant Item The death of a Coheir at this Court it was found by the Homagers that one W. W. one of the sons and Coheirs of R. W. dead which surely W.W. held of the Lord to him his heirs according to the custom of this Mannor the half of two messuages or tenements and one garden with the appurtenances in J and long before this Court dyed thereof seised within the age of 10 years and in the keeping of one R. M. according to the custome of the Mannor and that S. W is brother and sole heir of the aforesaid W. W. and of full age who being here present in the Court desired to be admitted Tenant to all the lands and tenements customary of which the said W W dyed thereof seised that is to the half of two messuages or tenements a Toft and garden with the appurtenances within the Mannor to which the Lord by his steward J. K. granted to him seisin thereof to have and to hold to him and his heirs of the Lord by the rod at the will of the Lord according to the custome of the Mannor aforesaid by the rent custome and services there first due and accustomed and gives to the Lord for his fine for his entrance as it appearsin the head and made to his Lord fealty and is admitted tenant thereof Also to this Court came J T Surrender in Court and surrendred into the hands of the Lord 10 acres of land either more or lesse with the appurtenances called S. 4 acres of pasture either more or lesse called B. and 4 acres of meddow be it more or lesse called K. customary to the use and behoof of R. B. Gentleman his heirs and assigns for ever by the rod at the will of the Lord according to the custome of the Mannor aforesaid to which R.B. the Lord by his Steward granted to him thereof seisin to have to him and his heirs of the Lord by the rent of 10 s. yearly and other services then first due and he gives the Lord for a Fine for having this entry therein 4 l. and made to the Lord fealty and is hereof admitted Tenant Also the Homagers say upon their Oath that on R S Death which held of the Lord as a Parcener by the custome of the Mannor nine Acres of customary Land with a grange together with T S his brother to him and to his Heirs dyed since the last Court so seised and that one J S his son and next heir of the said R. to the half aforesaid of the Land and Grange aforesaid and is of the Age of 8 years And upon this as wel the custody of the aforesaid F as the Land and grange aforesaid were committed to one S I as his next freind c. And found surety to the Court E N to restore to the aforesaid J. of the profits thereof when he should come to the age of 14 years Also they say upon their Oath that R W Encreâ— ment encroached upon the wast of the Lord at C in length 20 rods and in bredth one rod therefore he in mercy c. And it is ordained that he shall lay out the same before the feast of St. John Baptist next under the pain of forfeiting to the Lord for every Rod c. Also they say upon their Oath that G B Reâ—â—ous Bayliffe of the Lord such a day and year c. within the Lordship distrained H S for the Lords rent then by that foresaid H behind and not paid and that the aforesaid H then and there made Rescous upon the said G B therfore he in the mercy c. Pleas in Court Baron R. H. complaineth against C E and A his wife Formedon in Remainder of a Plea of Land that is to say of one house two Cottages 20 Acres of Meddow and 20 Acres of Pastor with the appurtenances in J within the Jurisdiction of this Court and made protestation to prosecute the Suit in forme and nature 〈◊〉 a Writ of the Queens of the forme of a gift in remainder at the common-Law and found sureties to prosecute that Suit in forme and nature aforesaid that is J.H. and R M and desires forthwith processe to be made for him according to the custome of the Mannor aforesaid against the aforesaid C and A his wife c. Therefore according to the custome of this Mannor used time out of minde It is commanded to the under Baâ—liffe of thiâ— Mannor aforesaid and the Officer of the foresaid Court that he should summon by good summoners the aforesaid C A that they should be before the suitors of the Court aforesaid the next Court of the Mannor aforesaid the Tuesday such a day held at the Mannor aforesaid to answer to the aforesaid R H of the aforesaid Plea c. The same day is given to the aforesaid R here c. To which truly next Court came aswell the aforesaid R H as the aforesaid C and A by J R their Attorney And the aforesaid Officer of the Court aforesaid returned here in the Court that that he by vertue of the command aforesaid to him directed had sunimoned the aforesaid C and A by good summoners that is by J D and R R to be here at this Court to answer the aforesaid R H of the aforesaid Plea of the aforesaid one house â— Cottages 20 Acres of Land 20 Acre of Meddow and 20 Acres of Pasture with the appurtenances as it was commanded him c. And upon this the said R H demandeth against
the said C Count. and A the tenements aforesaid with the appurtenances as his right and Inheritance saying that one W H was seised of the tenements aforesaid with the appurtenances in his demesne as of Fee at the will of the Lord according to the custome of the manner aforesaid And so being seised according to the custome of this Mannor time out of mind used and allowed at the Court of the Mannor held at J within the precinct of the Mannor the aforesaid Tuesday next after the feast of P the year of the Reign of our Soveraign Lady Queen Eliz 22. by J.A. and T P deputy Bayliffes of the Mannor aforesaid in the presence of T C T S R L J M Y R. and J B are tenants of the Lord of the Mannor aforesaid surrendred into the hands of the Lord the tenements aforesaid with the appurtenances to the use and behoof of one M then the wife of the aforesaid W H to be held for tearm of her life and after the decease of the said M the aforesaid Tenements with their appurtenances should wholly remain to one J H. son of N H brother of the aforesaid W H and to the heirs of his body lawfully begotten and for defect of such Issue of the said J the aforesaid tenements with the appurtenances should wholly remain to one E H daughter of the aforesaid W to be held to her and her heirs of her Body lawfully begotten and for defect of such Issue of the said E. the aforesaid tenements with the appurtenances should wholly remain to the right heirs of the aforesaid W H and his heirs for ever By vertue of which surrender the aforesaid M was seised of the tenements with the appurtenances in his deinesne as of freehold at the will of the Lord according to the custome of the Mannor aforesaid in the time of peace time of the aforesaid Queen Elisabeth taken then the profits to the value c. And from the said M. remained right by the form of the surrender aforesaid according to the custome of the Mannor aforesaid J H by which the said J was seised of the tenements aforesaid with the appurtenances in his demesne as of fee tayl at the will of the Lord according to the custome of the Mannor aforesaid by forme of the surrender aforesaid in the time of peace in time of our Lord Edward late King of England the second taking then the profits to the value c. and from the said J after the death of the aforesaid Elizab for that both of them the aforesaid J. and E dyed without heirs of their body lawfully begotten the right remainder by the forme of the surrender aforesaid according to the custome of the Mannor aforesaid to the said R H which now demands that is to say as the son and heir of W F brother and heir of the aforesaid W H and therefore produceth this Suite Plaints of Mortdancester R. C Complains against W L and E his Wife of a Plea of Land that is to say of one house 30 Acres of Meddow and a 100 Acres of Pasture with the appurtenances in J within the Jurisdiction of this Court and made protestation to prosecute his complaint in forme and nature of a Writ of the Queens Assise of the death of his Ancestor at the Common-law c. And desired processe for that to be made according to the custome of this Mannor in form and nature of this Writ aforesaid to be directed to the Bayliffes and Officers of this Court. And that the said Bayliffe and Officers by the command and precept of the Lord of this Mannor Where all are Copiholders and according to the custome of the said Mannor should summon by good summons twelve honest and lawfull men of the homage of this Mannor at the next Court to be kept within the Mannor ready to know by their Oath if R C Father of the aforesaid R was seised in his demesne as of fee at the will of the Lord according to the custome of the Mannor the day that he dyed of and in one house 30 Acres of Medow and a 100 Acres of Pasture of customary Lands of this Mannor with the appurtenances called C. within the jurisdiction of this Court the day that he dyed And if the said R. the father dyed within 50 years now last past and if the aforesaid R the son be the next heir of the aforesaid R the father and in the mean time they should view the Lands and Tenements aforesaid And that they should summon by good summoners the aforesaid W and E which hold the said lands and tenements that they should be here to hear the Recognitors and should find sureties to prosecute their Suite aforesaid J. D R R. And late here at this Court came the aforesaid W J in his own person Bar. and saith that the aforesaid R father of the said complainant was not seised in his demesn as of fee at the will of the Lord according to the custome of this Mannor day that he dyed of the aforesaid house and 30 Acres of Meddow and a 100 Acres of Pasture with the appurtenances in manner and forme as by the aforesaid complainant is first supposed and this he desires might be inquired by the Assise and the said Complainant likewise Entry in the by and to whom TO this Court came J N in his proper person complaineth against T M of a Plea of Land that is to say of one house one garden and one Orchard with the appurtenances and found sureties to prosecute his suit aforesaid that is J D. and R R. and doth protest to prosecute his suite aforesaid of the aforesaid house garden and orchard with the appurtenances in J in nature and forme of a writ of entrance of our Lady the Queen in the by and to which Saying that the said house and garden with the appurtenances are his right and Inheritance according to the custome of the Mannor aforesaid and into which the aforesaid T M hath no entry but by El late the wife of W M and the daughter of R P to which aforesaid R P. and M his wife they demised which since unjustly and without judgement disseised R N by rem of the said J N within 50 years last expired c. And desires processe thereof to be made to him against the aforesaid T M according to the custome of the Mannor therefore according to the custome of the Mannor it was commanded J B under Bayliffe of the said Mannor and Officer of the Court aforesaid that according to the custome of the Mannor aforesaid he should summon by good summoners the aforesaid T M that he should be here at the next Court that is the fourth day of M. next comming here to be held to answer to the aforesaid J N of the Plea aforesaid c. The same day is given to J. N here c. To this Court came A B Citizen and Mercer of L.
the said Queen now the fourth by force and armes the Close of the said J. R. at D. broke and his Grasse to the value c. there late growing walking with his Feet there trod down and consumed and other Injuries c. to the great losse c. and against the Peace c. whereof he saith he is made worse and damnified to the value c. And the said T. in his proper person came and defended the force and Injury when c. and saith that he in nothing is guilty of the Trespasse aforesaid as the aforesaid J. above complaines against him and of this puts himself upon the Countrey the aforesaid Plaintiff likewise c. Entry of the great Cape A. VVhich was the VVise of C. J. by A B. her Attorney offered her self to this Court against T. J. of a Plea of the third part of a House and twenty Acres of Land with the Appurtenances in J. which the same A. in this Court claimes as her Dowry of the Gift of the aforesaid I. C. in times past her Husband for that the Tenements aforesaid are within this Lordship and the VVomen which after the Death of their Husbands of Tenements in J. aforesaid being dowable according to the Custome of the said Mannour time out of minde used of the third part thereof ought to be endowed c. and they came not and summoned c. therefore by the Judgement the third part of the aforesaid with the Appurtenances should be taken into the Lords hands c. and day c. they should be summoned that they be here at the next Court c. Precept of the great Cape J.K. Steward to the Bailiff thereof health take into the Lords hands by the view of good and lawfull men of this Mannour the third part of one House and twenty Acres of Land with the Appurtenances in I. which A. I. this Court c. doth claim against T. I. late of I. as the Dower of the said A. of the Gift of the aforesaid C. I. in time past her Husband by a VVrit of Dower whereof she hath nothing by the default of 〈◊〉 said T. and the same taking certifie me of and summon by good Summoners the aforesaid T. that he be here at the next Court there to answer and to shew why he was not here at the last Court as he was summoned and have here the names of those by whom c. you made the Summons witnesse c Entry of a small Cape T.Q. Esquire and I. his VVife by their Attorney offered themselves the fourth day against A. B. of I. and A. his VVife of a plea of the third part of eight Messuages and eighty Virges of Land with the Appurtenances in I. which the aforesaid T. and I. in this Court claim as the Dower of the said I. of the Gift of G. S. in time past her Husband against them and they did not come and had from thence day untill this day that is to say the tenth day c. after other they appeared here in Court therefore by the Judgement the third part with the Appurtenances should be taken into the hands of the Lord and they summoned c. that they be here in the day c. to hear their Judgement c. Precipe of Summons upon a right Patent c. J.K. Steward to the Bailiff of the Mannour aforesaid health c. I. S. complaines against I. D. in a plea of Land and makes Protestation to follow the Suit in the nature of a VVrit of our Lord the Kings of a right Patent and therefore I command you that according to the Custome of this Mannour you shall summon by good Summonitors the aforesaid I. D. to be here at the next Court here to be held such a day to answer in the Plea aforesaid and have there this Precept and how c. dated c. Precept upon Assise of Mortdancester J.K. Steward to the Bailiff of the Mannour aforesaid health because I. S. complaines as above therefore I command you that yâ—â— summon by good Summons 12. free and lawfull men Tenants of the foresaid Mannour that they before me the aforesaid Steward at the next Court there to be held that is to say the Tuesday 19. day of September next coming at the hour of eight before noon of the same day ready by their Oath to know if T. S. Father of the said J.S. was seised in his Demesne as of Fee of two Houses and with the Appurtenances in D. within the Jurisdiction of this Court the Day that he died and if he died within forty years now last past and if the said J.S. be his next Heir and in the mean time let them view the said two Houses and make their names to be entered and summon by good Summoners the aforesaid J. and D. which now hold the aforesaid Houses and Lands that then they be there to hear that Return and have here the Summons and this Precept Dated c. under my Seal c. To make to have Possession J.K. Steward to the Bailiff thereof health know that A. B. in the Court held such a Day by the consideration of the said Court recovered his Seisin against B. of eight Acres of Land with the Appurtenances in J. by Default of the aforesaid B. and therefore I command you that to the said A.B. you shall give a full Seisin of the Tenements aforesaid with the Appurtenances without delay and have there this Precept and how c. Dated c. the Day c. Small Cape J.K. Steward to the Bailiff thereof health we command you that you take into the hands of the Lord by the view of good and lawfull men of this Mannour one House with the Appurtenances which A.B. in this Court claimes as his right against B. R. by Complaint of a Formedon in Remainder for Default of the said B. and make known the Day of the taking to me at the next Court and summon the said B. R. that he be before c. such a Day there to answer and to shew why he was not in this Court before c. such a Day last past as he was summoned and have there this Precept and how c. Dated c. The Returne of Writs newly corrected With divers other good Returns and many Cases of the Common Law to that added very necessary and profitable as well to young Students of the Law as to Sheriffs Coroners and others which are to make Returns of Writs for the better understanding of the Law in the said Returns Proces in the Court Hundred Court Baron c. Pleg de prosequendo J.D.R.F. THe within named H. E. is attached by Sureties N. F. R. D. J.D. Knight Sheriff The within named J. H. hath nothing in my Bailiwick by which he may be attached Note that every Pone is but a Summons By vertue of this VVrit to me directed Pone upon a Repleg I have put before the Justices of the
appears upon their heads and each of them is manucapted by himself that is by four Manucaptors by name A.B. c. And there are no more Executors of the will of the said B. nor heires of him or of Lands or Tenements which were his in the County of W. as by any means for the present can appeare unto me Pledges to prosecute J.D.R.R. A.B. within named hath nothing in my bailiwick but the Issue first by me forfeited Favor of the Sheref upon the 2. or 3. Distring Against a Clark by which nor where he may be distrained as to me by any means can appeare for this present W.D. Arch Deacon of R. hath nothing in my bailiwick of lay fee by which nor where he can be Distrained Warned or Attached by any means at present as to me can appeare That I should distrain the within written A.B. to be before the Justices within named Upon a Tarde at the Day and place therein contained This writ so late was delivered unto me that for the shortnesse of the time I could make no Execution thereof To the Distraining of R.L. and all other the Jurors within written to be before the Iustices within named at the day and place therein contained Other-Wise upon a Jur. This writ came unto me so late that for the shortnesse of the time could make no execution thereof but to ad Decem tales the execution thereof doth appeare in a certain Pannell fastned to this writ Otherwise for Homage The Manucaptors within named J.S.W.P.I.D. His Issue half a Mark. The summoners of the within named R. and E. his wife W.F.R.P. And so of all other actions reall if the Defendants be sufficient The Execution of this writ doth appeare in a certain inquisition to this writ annexed By vertue of a writ of our Lady the queen to me directed Partition and to this partition indented annexed I J.D. Knight Sheriff of the County aforesaid twentieth day of A. year 20. c. taking with me J.S. c. twelve free and lawful men of my County and of the view within written in the presence of H.F. in the writ aforesaid nominated in my proper person I came to the Tenements in the said writ nominated and there by their Oath respect being had to the true value of the said Tenements with the appurtenances the said Tenements in partition into three parts equally to be parted and one part of the said three parts that is twelve foot in length and eight foot in bredth of the House in the foresaid writ specified extending to the Land of F.G. called G. towards the west and thirty four foot in bredth and twelve rods in length and one Garden in the aforesaid writ specified lying to the said house abutting towards the west to the Land of the aforesaid F.G. called B. and the Glebe Land of the Rectory of S. and also c. And I the aforesaid Sheriff twentieth day of A. the year c. have made them to be assigned and delivered to H.F. nominated in the said writ to hold to him severally according to the form and effect of the writ aforesaid And as the said writ in that commandeth and requireth Which truly whole third part of the aforesaid Tenements in the aforesaid Writ specified Otherwise to the aforesaid H. in form aforesaid is delivered and assigned and for the other two parts remaining of the aforesaid Tenements in the aforesaid Writ specified J.F. likewise in the same Writ nominated to the partition aforesaid to be assigned and Delivered to the Justices of our Lady the Queen in the Writ aforesaid specified I certifie that none of the part of the said J. came to receive of me the aforesaid Sheriff those two parts so that those two parts I could not deliver an Assigne as the writ aforesayd in that doth command and require In witnesse whereof as well the Seale of me the aforesayd Sherif as the Seales of the other twelve Jurors to this partition Indented are put Dated the yeare and Day abovesayd Pledges to prosecute I. D. R. R. The within I. S. and R. B. are attached and each of them is attached by Pledges I. D. R. R. The residue of the execution of this VVrit doth appear in a Pannell fastned to this writ Assise of Novel disseisin Assise of novell disseisin between such a one Plaintif or Demandant and such a one Defendant or tenent in the Plea c. A. B. C. D. c. to the number of twenty four Pannell The names of the Recognitors I. P. and T. W. Summonitors J. D. T. B. Manucaptors summoners aforesayd and every of them J. S. J. D. Pledges to prosecute Otherwise G. C. R. R. R. H. within named is attached by one _____ of Latin price eight pence by Pl. W.D. and T. D. The residue of the execution of this writ doth appeare in a certaine Pannell annexed to this writ A Recognition of an Assise of Novell disseisin Pannell between J. D. Plaintif and R. T. Deforceant of his Free-hold in B. J.D. c. to the number of twenty foure Summoners of the Jurors aforesaid and of every one of them J.S.J.D. Manucaptors summoners aforesaid and of every one of them J.B.T.C.A.B. and W.H. The execution of this writ appeareth in a certain Pannell to this writ annexed Otherwise The names of the Recognitors in an Assise of novell Disseisin between A.B. Plaintiff and J.M. Defendant A. B. c. to the number of twenty four Every one of the Recognitors aforesaid by himself is severally attached by pledges J.D.RR. The Issues of every one of them five shillings The names of the Recognitors of new added according to the form of the Statute A. B. c. to the number of ten Every one of the Recognitors aforesaid of new added is attached severall by Plaintiff J.D.R.F. By vertue of this Writ Great Cape tenth day of M. the year aforesaid by the view of R.H. and T.H. good and lawfull men of my County I have taken into the hands of our Lady the Queen the Lands within written as within I am commanded summoners J.D. R. F And if the Writ be sent to the Sheriff and the place where he ought to execute it be within Franchises which hath full return of all VVri tsthen so The Execution of this VVrit c. as before I J.S. Sheriff of E. have commanded J.W. Bailiff of the Liberty of B. in the County aforesaid which hath full return of all VVrits and execution of them within the Liberty aforesaid in the County aforesaid and to whom the executing of this writ doth wholy belong to be don for that that the said execution thereof otherwhere in my Bailiwick cannot be done out of that Liberty which answers me so c. By vertue Otherwise c. I have taken into the hands of our Lady the Queen by view c. as before of the Lands and Tenements of J.M. within
Goods and Chattels aforesaid then with me remaining unsold for want of Buyers but I will set them to sale from day to day and when they happen to be sold the money thereof coming before the Barons within written I will bring according to the form and effect of this Writ Those Goods to the value of twenty Marks within written Otherwise which by vertue of the Writ of our Lady the Queen lately now to me directed I have taken of the Goods and Chattels Lands and Tenements which were lately T. F. within named and have set them to sale and sold them and the Money thereof I have ready to bring to the Barons within named at the day and place therein contained as therein I am commanded A. B. and C. D. within nominated Are dead were dead long before the sending out this Writ neither have they any Goods or Chattels Lands or Tenements within my Bailiwick which I can extend and value as by this Writ I am commanded The within named A. B. and C. D. are dead For the shortnesse of time Scire feci and to the rest of the Execution nothing is done by me for the shortnesse of the time By vertue c. Scire feci J.C. within named that he be before the Barons within written at the day and place within contained by J. C. and R. S. good and lawfull men of my Bailiwick as within I am commanded There are no Executors of E. within written Against Executors nor Administrators of the Goods and Chattels which were his nor Heirs nor Tenants of Lands and Tenements which were his in my Bailiwick to whom by any means I can give the Scire facias I.D. and the rest of the Defendants within named Otherwise have nothing in my Bailiwick by which I can them Scire facere By vertue Non omittas c. I have taken of the Lands and Tenements of W.R. to the value of forty shillings which I have ready for the Barons within written at the day and place therein contained as within I am commanded and further I certifie the Barons vvithin vvritten that the aforesaid VV. hath no other or more Lands nor Tenements Goods nor Chattels in my Bailiwick whereof the residue of the Debt within written I can levy by Execution as the said VVrit in it commandeth and requireth Here follow certain Cases of the Common Law upon the Returnes aforesaid and others BEcause Justices to whose Duty it belongeth West 2. cap. 35. to administer Justice to every one before them complaining are oftentimes hindered so that they cannot in due manner execute their Office by this that Sheriffs do not return their Original and judicial Writs and likewise return false Answers The Lord the King provideth False Return that those which fear the malice of the Sheriff should deliver their Writs in the full County Court or in the other County Court where there is a gathering of the Kings Money and let there be a Billet taken of the Sheriff present or of the under-Sheriff in which Billet there shall be contained the names of the Plaintiff and Defendant and adjoyned to the Billet sealed by the Sheriff or under-Sheriff in witnesse thereof and let there be mention of the Delivery of this Writ And it gives remedy Tarde if the Sheriff will not seal the Billet by this Statute remedy is given if the Sheriff return Tarde Mandavi Balivo where he hath sufficient time to serve the Writ and where he returnes I have commanded the Bailiff of the Liberty where it is no Liberty and this Statute gives you shall not omit for any Liberty and gives Averment against the Returne of the Sheriff Averment if he return to little Issues and gives that he should deliver Corn in the Grange and all Moveables besides Equituram Indumenta utensilia domus contained under the name of Issues and the Statute gives Posse Comitatus See the Statute of 1 Ed. 3. chap. 6. The Sheriff by the common Law is the Preserver of the Peace Authority of the Sheriff and hath the Custody of the County for the time that he is Sheriff and may cause the party to finde Surety if any require that and every Obligation which he takes to keep the Peace shall be taken a Recognizance in Law and specially when this is certified by Certioâ—are in the Chancery But Pleas before him in the County or Hundred are not of Record for these are by reason of course and this taking for Peace is by reason of his Office Fitzh 81. D. If the Sheriff return upon a Distringas Juratores Appearance no manner of Issues and a full Jury appears and pleads this is no Error for the King hath no losse and the Issues are for the King which he shall not have if the full Jury appear 5 H. 7. f. 8. Also if the Sheriff return Scire feci upon Fine or Judgement and no mention is made of the Summoners and Viewers and the party appear and pleads it is no Error and if upon the Grand Cape there be not returned the Summoners and Viewers yet if the party appear and pleads it is no Error 3 H. 7. f. 14. this Return was amended and the Plaintiff recovers See 8 H. 5. f. 2. B. Scire facias is returned Scire feci by J.S. and J.D. and though the Return be not by good and lawfull men as it ought if the party appear it is a good Return and may be amended 33 H. 6. f. 35. 44 Ed. 3. f. 16. 8 H. 6. f. 27. If the Sheriff attach a Cow Attachment the property is not out of the party till the Day of Return that he make Default and if at the Day of the Return he make Default the Sheriff may take that as forfeited to the King though he have left that before with the party 9 H. 7. B. Table Dormant and such things which are fixed to the Free-hold cannot be attached 21 H. 7. f. 26. Annuity the Sheriff returns I have nothing in my Bailiwick by which he can be attached where it should be by which he can be summoned and though it were in the time of another Sheriff Amendment it was amended for the Cout may amend a mistake of the Clerks and also of the Return of the Sheriff 33 H. 6. f. 47. Upon a Distringas Juratores the Sheriff in his Return leaves out four Names which were in the Venire facias and the Sheriff was examined and saith that they were distrained and for that the Returne was amended 37 H. 6. f. 12. 22 H. 6. f. 45. Appeal upon Distringas Juratores where there were Knights and Esquires which were in the Writ there was returned but eight pence upon every Juror and the Sheriff had been amerced unlesse he be there present and amend that and sets upon every Juror two shillings 2 R. 3. fol. 13. Attaint at the Distringas Juratores the
504 Court-Baron And Leet how they are first ordained fol. 6. And where Suiters hold of the Mannor 7. Is incident to a Mannor 7. The order here begins to keep that 105. The charge in this here begins fol. 107. VVhat actions shall be there sued and what not 145. Capias shall not be awarded in that and which is a great Court 98. In what place it shall be held 186. VVhat is Court-baron and what of Record 187. The tryall in Court-Baron 187. Forraine matter pleaded there 187. The entries in Roll of Court-Baron here begin 186. Entries of surrender and admittances Forme of processe of execution Court of Ancient Demesne Here that begins 188. See before Ancient Demesne Court of Pipowders Is of Acts and Contracts onely within the Faire fol. 195. Court of the Marshalsey fol. 196. And the authority of that to hold Pleas fol. 127 Crosse-bows and Hand-guns fol. 28. Crow-Netts fol. 30. Customes Customes of diverse Mannors 200. It shall be reasonable according to common right and upon good consideration 201. What is good and what not 204. And who may prescribe fol. 105. It shall be taken strictly fol. 209. Damages FOR taking onely and not for retaining shall be recovered 211. In what Actions shall be recovery and in what not 211. Damages recovered in Dower fol. 314 Distresse For amerciament the Lord may distraine and for Fine or By-Law broken shall have debt or Distre 〈…〉 VVhat thing may be distrained and what not fol. 87. Discent VVhere one shall be sayd in by discent and where by purchase 212. A woman being young with child enters and see great with child and who is Bastard 213. VVhat is a possession in fee to be an impediment to the halfe blood 214. Discent and where it shall escheat fol. 214 De son tort Demesne VVhere one may plead that and where not c. fol. 216. Divorce If they have in Frank Marriage and are divorced the wife shall have all and if taile they have a free-hold by Divorce fol. 310 Double Plea See there what is a double Plea and what not fol. 441 Droit VVho hath more right and how it shall be directed 151. where after the Mise joyned judgement finall shall be given 151. Recovery in right c. fol. 496 Dower By attainder of tenant in taile where it shall be forfeited and where not 303. Third part shall be assigned to Eloppement 314. It shall not be of a reversion for life though his fee is joyned to the freehold 317. Nor it shall not be during the time of the husband being in Religion nor where be is joyntly seised 316. VVhere a villaine takes a wife it shall be under nine yeares it shall not be fol. 315 VVhere a Lord enters for Mortmaine or recovers in Cessavit the wife shall be 317. where the husband hath an estate in fee upon condition shee shall be 317. where the heire is remitted shee shall not be 317. where the husband looses by default or reddition she shall be fol. 318 Assignement by Guardian in Knights service by Disseisor Abator or Intruder good 317. Assignement by Guardian in Socage shall not be Rent assigne to the wife Rec. and yet assigne 317. Where the husband dyes seised and shee demands and hee was not ready the wife shall recover damages fol. 318. Entendment What is good by Entendment and what not fol. 443 Enquest In Leet if twelve agree it is good and a stranger may be sworne 13. In Court Baron by lesse then twelve for the Lord 13. In Leet it shall be by twelve at the least and see issue tryed in Court barâ—â— fol. 〈◊〉 Misdemeanor in drink or taking a writing fol. 225 Estray After the yeare and day and Proclamation made in the Church and Markets fol. 79 Escheat VVhere it ought and where it shall discend fol. 216 VVhere land ought fol. 217 Essoine After Issue but one Essoine 368. VVhere at two Venire fac Habeas corpora and distresse it shall be and where not 372. Action against three every one shall make Essoine severally and not after but c. 373. Of the Kings service cast in at the Distringas Jurat 374. After appearance the Tâ—nant shall not be in Assise 375. Of the service of the King the Essoine Sworne and he ought to bring in his warrant and shall loose 20 s. fol. 380 Exception of that entered and day of Essoyne fol. 280 It doth not lye for acorporation in the Scire fac fol. 381 VVhere it lyeth upon a re-summons and re-attachment and where not fol. 361. Evidence Vpon generall Issue that he had no such canse of action or no cause of action good 234. That he hath interest and an Estate good 235. Vpon general Issue he shall not have Evidence of another thing or contrary 236. VVhere the Evidence proves the substance of the Issue it is good 239. Exhortation to the Inquest Exhortation the cause that they are sworn 13. Execution What shall be and what in Court Baron and Capias is not there 227. Vpon a Recognizance and Statutes 231. Of Goods that he shall have Day of the Execution awarded of Land that hath Day of the Judgement 230. Four manner of Executions and Debt after the year 232 Fealty SHall be at the first Court and Attornement 140 Form of making Fealty 92 Who shall make that and who not 259 Felonies If Indictors of a Felon utter the Counsel of their Companions See divers manners of Felonies there 48 Forfeitures The King hath Year Day and VVaste and the Lord and Escheats 54. Of Goods onely and where not by Attainder 55. Of Lands Day of the Felony and Goods Day of the Judgement 57. And when Officer may seise 58 Formedon To a Gift first made it is not extended and Assise by Tenant in Tail where it lieth and where not 247 Shall make a Discent by all which tender Estate and the heir to every one is to sue 248. In Reverter and Discender Esplees is of the Donor and Donee in the Remainder in the Donee onely 249 Gage Law TRiall in Court Baron is by waging Law and by Assent by the Country 384. Where he shall have that in Account and where not 384 385 386. Detinue of VVritings and Obligation where he shall have his Law and where not 385. Vpon Arbitrement and Money awarded shall have his Law and not upon Statute 385. Debt for Salary for what he shall have it and for what not 385. He may where the Plaintiff fails in the Contract 185. He shall have it not shewing a Deed witnessing the Contract or Receit 388. Debt for Counsel he may have but not for Amercement in Leet 387. Where he shall save his defaule upon the Grandd Cape by waging of Law and where by Imprisonment and certain VVater 390 Garde VVho shall be in VVard and who not 250. VVhere part is in chief the King shall have all and where part Socage not all 254. Guardian cannot at this day out the Termor 256