a bar at large the plaintife makes title for that the same defendant in the life of his father sold the land c. to the plaintife by Indenture and delivers to him the Deed and afterwards the father dyeth within the 6. moneths and the defendant enrols the Deed within the 6. moneths by which the plaintife enters and was seised and disseised c. this is no good title upon this statute Because a man may confesse and avoid a Deed enrolled as to say that he had nothing at that time c. butnot by Infancie Ideocie Non sanae memoriae or the like and the Deed takes its perfection by the livery and not by the inrolment for if one make a grant when he hath nothing the land and he hath before attornement this doth not make the grant good and the Indenture is not an estoppell because where a man releaseth to I. N. being in full seisin yet he may say that he had nothing at the time of the grant c. And the same law is it of a lease by Indenture in the time of his father and by 12 H. 4. f. 12. a man may confesse and avoid a deed inrolled In an Assise the tenant makes a barre at large the plaintife makes title because that I.N. was seised in fee and leaseth to W. X. and T.S. for terme of life and after grants his reversion which he had depending upon the estate of T. S. to the plaintife the tenants attorne and dye and the plaintife enters and was seised and disseised and all is within 20 yeeres this is not a good title upon this statute Because the Grantor shall not have such a reversion Mayor and Comminalty by their name of Corporation and not by their proper name may make title after this Statute by 80. yeares past Because that is of their own possession and not of the seisin of their ancestour nor predecessour And the same law of Deane and Chapter but contrary of Bishop and Parson upon a seisin of his Predecessour because that is expresly within the words of the Statute Nota. DIVISIO 2da OR The second dayes Reading or Lecture Where a man shall prescribe according to the ancient forme and where not and what prescriptions shaâ— be good upon this limitation anâ—… what not A Man may prescribe thâ—â— he and his ancestors 〈◊〉 predecessors or thoâ—â— whose estate c. werâ— seised from the time thâ—â— contrary whereof c. as before thâ—â— Statute yet he shall not alledge or declare in the record of a seisin within 6â—… yeeres before the confession of the prescription yet it seemeth that he shall take advantage in evidence of the prescription of an ancient seisin before 60. yeeres with a seisin alledged within 60. yeeres without elder commencement And therefore the prescription as it seemeth ought to be elder but he cannot alledge nor declare in the record but within 60. yeeres but may enforce it in evidence at large quod nota And by the generall ancient forme of prescription it shall be intended meant as a prescription of which part of the seisin is within 60. yeares according to this Statute In a Quod permittat the plaintife prescribes in him and those whose estate he hath in the Manour of D. for common appointment from the time of King Rich. the first he may doe it well notwithstanding this statute Because the Statute doth not extend to a prescription by whose estate c. but to a prescription in him his ancestors and predecessors A Quo Warranto the plaintife prescribes in him and his ancestors for toll traverse from the time c. to have a peny for every load of stuffe carryed overmy land to his Mannour c. this is a good prescription Because this is to goe overthwart my land but through toll is to goe over the way through my land and therefore contrary there and the prescription shall serve as a new title by the usage afterwards Assise of common the plaintife made title to common appendant in the Mannour of the defendant the defendant prescribes that he c. and all his ancestors whose heire he is c. have used from the time of Rich. the first to put forth of their Commons such cattle which were not levant and couchant upon the same lands to which c. and for that that those cattle were not levant c. he put them forth c. this is a good prescription Because it is not to recover any thing but to discharge onely In a Quo Warranto c. the plaintife prescribes in him and his ancestors Lords of the Manour of D. from the time c. to take a peny for every load of through toll of those which carry through his Mannour this is a good prescription For the reasons before alledged and because it is contrary to common right In a Quo warranto the party prescribed in him and his ancestors Lords of the Mannor of D. to have cognisance of pleas and to hold plea in the Court of the Mannour aforesaid from the time of c. this is a good prescription Because he cannot prescribe in the grant of pleas Assise of land the def. disclaimes in the survey and prescribes that he and his ancestors seised of the Mannor of D. have used from the time of R. 1. c. that when such a gutter which conduceth water to such a house was ruinous to enter into this land and to repaire it and that he therefore entred to repaire this is a good prescription notwithstanding this Statute Because he is not to recover anything but to have easement because the Statute doth not speake but only of prescription to lands tenements commons rents portions pensions and hereditaments A quod permittat of common theplantife made title by prescription from the time of R. 1. c. the defendant said that he c. have been within age successively de tempore c judgement c. this shall not avoid the prescription Because this is a Law as a condition or recovery A man hath had a Faire and one Market by prescription from the time of R. 1. c. which is seised into the Kings hands 60. yeeres past by non-claime in a Quo Warranto before this Statute c. he shall never have the liberties again by prescription nor otherwise Because he might replevie them within 50. yeeres A man which had a Leet and Warren and Wreck by the Kings grant made no claime to the same before the Justices in Eyre 62. yeeres past by which his liberties are seised into the Kings hands and yet he and his heires continually used the same afterwards and in a Quo Warranto his heire made title to that by prescription according to this limitation he shall not have his liberties by this prescription A man hath had catalla felonum fugitivorum from the time of R. 1. c. and hath had allowance in Eyre and afterwards makes his
man is the Kings Baily makes cognisance for xx s. rent against the plaintife and declares of seisin in the King by the hands of the plaintife 60. yeares past this is a good cognisance Because the King is not bound by the Statute Avowry for x. s. Amerciaments in a Leet for breaking of the assise of bread and beare 50. yeares past this is good Because it is not for rent custome nor service A man graunts a rent charge of x. li. payable yearely at Michaelmas and if it be behinde fourteen dayes then to distraine aswell for the Rent as for xx s. nomine penae in this case if it be behindeby 14. dayes 50. yeares past the grantee may distrein and avow for the penalty but not for the rent Because out of the case of the Statute In a Replevin the Defendant said that W. leased the Mannor of D. to I. N. for terme of life and he as baily to the said I. N. distreines for rent due 51. yeares past and this day the said I. S. dyed and the Tenant that now is had sued a Replevin this is a good justification after this limitation notwithstanding this Statute Because this is a justification c. and the Statute 32. is that the Executor may make an avowry or have debt but the avowry of the party is determined by his death Tenant in tayle aliens in fee an ancestor collaterall of the donor releaseth with warranty and dyes without issue the donor distraines and avowes for the rent upon issue in tayle and not upon the feoffee for the arrerages due within 50. yeares and after the feoffement this avowry is not good upon this limitation Because that notwithstanding that hee shall not be driven to avow upon the feoffee and the feoffee connot plead the matter and the warranty doth not extend to service yet the service is incident to the reversion which is determined by the collaterall warranty descended and by the grant or release of the reversion the rent passeth and it appeareth 31. ass tit. Reservation 11. that the services cannot be taken from the reversion by grant because they are incident and the rent passeth not but as a rent seck of which no avowry lyeth and therefore a determination of the reversion is a determination of the rent Lord and Tenant by Harriot the lessor distraines and avowes upon the heire for Harriot of the Grand father and for Harriot of the Father of the plaintife upon a seisin 50. yeares this is a good avowry upon this Statute Because all is upon one survey Lords measne and tenant and every one holds of the other in chivalry the tenant goeth with the King into Scotlandby the common summons of the King and the measne doth not goe the Lord distraines and avowes upon the measne for escuage by a seisin within 50. yeares c. this is not a good avowry upon this Statute notwithstanding it bee within 50. yeares Because the avowry of the tenant shall serve the measne because that if the tenant doe the service that sufficeth Lord and Tenant the Tenant disclaimes in avowry the Lord dyeth the son distraines and alleageth seisin in the Father within 50. yeares and avowes for rent due to him within 50. yeares this is a good avowry upon this limitation Because the son cannot have a Writ of Right upon disclaimer upon a disclaimer made in the life of the father An avowry for that I. S. holds three acres of him by fealty and a Hawke which was arer. by x. yeares and that afterwards he enfeoffed the plaintife of one acre which was in arer. by two yeares and he comes and distraines theCattle for all the arrerages for x. yeares and avowes for two Hawkes for two yeares due that is to say x. cattle for one rent and two for another and alleageth seisin within 50. yeares c. this is a good avowry upon this limitation 22. E. 4. Because that every acre is charged with the entire arrerages which was due before this feoffement and every one shall hold by one Hawke after the feoffement and so now hee shall have two Hawkes and he may charge the feoffee with the arrerages of all Avowry for ayde to make the son a Knight the Land is of the value of x. li. by the yeare which is holden in Soccage and the son of 15. yeares of age c. and alleageth seisin within 50. yeares the plaintife pleads a release made by the Lord to him by 9. yeares past of all sutes services and demands besides fealty and x. s. rent this is no good avowry notwithstanding this matter Because that that which is incident cannot bee released by generall words 40. E. 3.14 A man distraines for ayde to marry his daughter 51. yeares past the Tenant cannot sue a replevin untill after the one and fifty yeares the Lord upon the matter makes an avowry for ayde due 51. yeares past which is out of this limitation yet this is a good avowry notwithstanding this Statute Because the ayde is incident to the tenure and is not rent sute nor service A village is assessed to x. li. for the fees of the Knights from the beginning of the Parliament 51. yeares past and cannot agree of his taxe betwixt them by which the Sheriffe distraines the village and makes an avowry for this summe due 51. yeares past this is good Because it is not rent sute nor service Fitz. Avowry 13. E. 4. The Guardian endowes the feme the time of the second husband reserving 3. s. rent by the yeare for equality and makes an avowry for the rent against the feme after the death of the second husband and alleageth seisin within 50. yeares the avowry is not good upon this limitation 17. E. 3. Because the woman was covert tempore c. and it is not like a rent reserved upon partition c. Replevin the defendant avowes for that that he leased his Land after this Statute to the plaintife at in c. for the yearely rent of xx s. per annum at to and in and for the rent due at in c. and within 50. yeares after he distraines and avowes this avowry is not good by this Statute c. Because when the terme is ended he cannot distraine I. N. holds of W. S. two acres of Land by 2. shillings and 3. other acres by 3. shillings the Lord distraines two Cattle in one Land and two in another and avows for 5. shillings by seisin within 50. yeares this is not good Because he shall make two avowries Lord and Tenant of three acres of Land holden by 3.d rent the Tenant leaseth one acre to the Lord for 12. yeares the Lord distraines in the other two acres and makes an avowry for two pence upon this limitation this avowry is not good Because a suspension for part is a suspension for all but by the extinguishment of part the rest shall be apportioned Nota differentiam Lord and two joyntenants by fealty
2. s. and sute of Court the Lord brings a Cessavit against both and hath execution and distraines in the other moity and makes an avowry for sute upon a seisin within 50. yeares according to this Statute this avowry is not good Because by this recovery and execution the entire sute is gone because he cannot be contributory to himselfe contrary of a rent because that shall be apportioned note the difference Lord and Tenant by fealty and foure shillings rent the Lord releases the rent to the tenant and to the heires of his body the tenant dies without issue the Lord distraines his next heire and makes an avowry upon this limitation for rent due after the death of the Tenant the avowry well lyeth Because a release for one houre to tenant in fee-simple as to the title of the Land is good for ever and yet contrary of a rent Fitz Voucher 120.13 E. 3.92 because that was his estate in the rent and so is it there adiudged Lords measne and tenant every one holds of each other by iiii d the Lord releaseth to the Tenant all his right in the Land and after the measne distraines and avowes for iiii d upon the tenant upon this limitation the avowry doth not lie Because by the release the moity is extinct Lord and Tenant by fealty and iiii d rent the rent is behinde the Lord disseiseth the Tenant of the same Land and continueth possession by a yeare and after the tenant recovers by an Assise the Lord distraines and makes an avowry for arrerages due before the disseisin upon this limitation this is a good avowry 8. E. 3.37 Because all is received by the recovery and nothing shall be recompted but that which is before the unity A man hath issue a son and a daughter by one Venter and a son by another and is seised of two acres of Land and grants x. s. rent charge in fee out of one to the son the son dies without issue and after the father dyes the daughters enter and make partition and the acre charged is allotted to the youngest the eldest daughter distraines his sister and makes an avowry upon this limitation for 5. s. this is goods Because nothing is extinct but the moity of the rent for nothing is descended of the Land to the eldest daughter but the moity of the land but the entire rent is descended to him 34. E. 3. Quintons Case A man makes one Steward of his Mannor and gives x. li. fee to him with distresse officio suo exequendo with manger and boyer for terme of life and the Steward leaseth the fee and the manger and boyer to the Lord of the Mannor for foure yeares rendring to him 12 li per annum with clause of distressein the Mannor by deed indented the Steward doth not keep the Courts and afterwards distraines for the 12 li and makes an avowry upon this limitation the avowry doth not lie Because it is extinct by the nonfeasance of the services c. 20. E. 4.12 because when the Rent comes by reason of the Land there a lease to the Lord is a suspension but contrary where it commeth ratione personae per Curiam Tenant in taile aliens in fee with warranty and leaveth assets and dieth the issue is barred in a formedon the donor destraines and avowes upon the heire in taile of the seisin within 50. yeares the avowry is good upon the Statute Because this is nothing to the doner The fifth Lecture Of Formedons Whereas the Statute is that Formedons in reversion shall be brought within 50. yeares after title and cause of action accrued It is to be seen to whom action shall be said sufficiently accrued to take advantage of the Statute and from what time the 50. yeares shall be accounted è contra A Man lets Land to one for life the remainder to his own wife in tayle and dyeth the Tenant for life dies and I. N. enters Action is not accrued to the wife to have a formedon in remainder within the 50. yeares Because a gift immediat to his ownewife is not good but contrary of a feoffement to an use or a demise but if he in the remainder be not capable at the time of the livery hee shall never bee as in the case of Rikhill A man lets for life the remainder of I. N. in fee I. N. enters in religion the lessee for life dies the brother of I.N. enters and commits felony and is attainted the Lord enters for an Escheate I.N. is deraigned before 30. H. 8. no action of formedon in the remainder is accrued to him Because it was executed before in his heire and the forfeiture for felony is executed also and religious persons shall not be capable by the Statute of 31. H. 8. A man leaseth for life the remainder to Deane and Chapter and to the heires of the Deane the Tenant for life dies I. N. enters the Deane and Chapter which then were die and others are chosen action is accrued to the heire of the Deane by a formedon in the remainder but not of all Because he had but a moity only A man leaseth for life the remainder in taile the tenant for life alieneth in fee no formedon in remainder is accrued to him in the remainder Because tenant for life is yet living and during his life a formedon lyeth not Lord measne and tenant the measne graunts his menasltie for terme of life the remainder over in taile the remainder over in fee the tenant attornes the terr tenant brings a Writ of measne against the measne for terme of life and forejudges him the measne for life dyeth a formedon is not accrued to him in the remainder Because the tenant of the Lord paramount by the forejudger and all the remainders is but the same seigniory because that albeit forejudger doth not lie against tenant for terme of life nor against tenant in tayle nor a feme covert yet the judgement is not void but error and the action doth not lie untill judgement reversed and in remainder by equity of the Statute which speakes of reversions 9. R. 2. cap. 3. A man gives Land for terme of life the remainder in fee the tenant for life is disseised the Lord brings a Writ of Right the Lord disclaimes against the disseisor and recovers upon the disclaimer the tenant for terme of life dyeth the Lord enters action is accrued to him in the remainder by a formedon in remainder Because that he in the remainder is not bound A man gives in tayle to I. N. who leaseth for life and enters and dies without issue 60. yeares before Ascension 1546. the tenant for life dyes 26. yeares after he in the reversion may have a formed on in reverter post I. N. habit religionis assumpsit Because the Register warrants or formedon in discender and reverter but quaere of a remainder and the action doth not fall untill after the death of tenant for life and
life brings a Writ of errour and reverseth the judgement and an estranger enters and he in the remainder brings a formedon 60. yeares after the death of tenant for life the action well lyeth by the branch of this Statute which speaketh of 50. yeares Because the action is not accrued untill after the reversall and a Writ of error is not an action nor a release of actions is not a plea in this and he in the remainder shall have error by equity of the Statute by him in the reversion A man grants a seigniory in grosse to one in tayle the remainder over in fee by Fine the Tenant attornes and after aliens in Mortmaine the Tenant in tayle enters and makes a feoffement of the Land and dies without issue no Scire facias is accrued to him in the remainder of the Land nor of the Rent Because the Land was not given and the seisin was determined by the entryof the Tenant in tayle and the Statute of Mortmaine saith that Capitalis Dominus intrabit retinebit in feodo and therefore is a perquisite to him and the Booke of 44. E. 3. is no rule that a Scire facias shall lie of the tenancy in lieu of the services A man leaseth for life the remainder over in tayle the Tenant for life leaseth to Tenant in tayle for the life of Tenant in tayle who dyeth without issue the Tenant for life enters a sormedon in remainder is not accrued to him in the reversion Because the lease of the Mannor is not a surrender nor forfeiture tit. dowre Fitz. Park fo. 20.7 H. 6.4 A man leaseth for life the remainder in tayle the remainder in fee the Tenant for life grants his estate to him in the remainder in tayle and to I. N. he in the remainder in tayle dies without issue action of formedon is not accrued to him in the remainder in fee Because the tenant for life and I. N. are living and it is no surrender for the advantage of the survivor I. N. Gascoignes case 7. H. 6. The sixth Lecture Seisins and Trials What proofes upon such issues limited by the Statute shall be sufficient and contrariwise and what trials upon that shall be good e contra and who shall be bound by them and who shall take advantage and where the party may refuse the triall e contra And what maâ—ters shall lie in triall notwithstandstanding this Statute as before this Statute e contra DOwre they are at issue that the husband was never seised of such an estate of which she was dowable c. the wife proves seisin 61. yeares before the teste of the Writ this a good proofe of the seisin to recover notwithstanding this Statute Because that this is of the seisin of the husband and not of the party her ancestors or predecessors In an assise of Common they are at issue ne unque seise so that he might be disseised the plaintife said that I. N. was seised and grants to him in fee and because he had not Cattle of his owne hee puts in Cattle of others with the assent of the grantor this is a good proofe of the seisin to have an Assise 22. E. 3. p. 84. Dowre of rent they are at issue ne unque seise the plaintife prooves that the rent was granted by the husband in fee upon a proviso that if he die his heire within age that the rent shall cease during the nonage the father dyeth the son within age and takes the demandant to wife and dies before 21. yeares of age this is no good proofe of feisin Because the rent had not essens during this time and it is not like the case of 24. E. 3. where she was endowed with a cesset executio because there the husband was seised indeed and it is not like a Dowry of a seigniory in suspence as where the Lord marryeth his Tenant which is a woman he dies she shall be endowed of the seigniory but here the rent ceaseth by matter in fayt and not by matter in Law Dowre The parties are at issue upon ne unque seise c. the demaundant proves a lease for life made by an estr the remainder to her husband in tayle the tenant for life leaseth to the husband for life of the husband the husband dies the tenant for life enters and she brought dowre this is no proofe of the seisin Because it is no surrender nor forfeiture and the tenant for life which leaseth shall have the reversion in this case In dowre they are at issue upon the seisin the tenant shewes that the husband was his villeine and purchased wherefore he entred upon the husband the Plaintife sayes that this purchase and entry was during coverture and the husband dyed c. this is a good proofe of seisin to have dowre Because the title of the Lord is not untill his entry and therefore the wife had the elder title A woman hath issue a son and consents to the ravishor the mother leaseth to the son for terme of life by deed poll the son hath issue dies the mother enters the issue brings a Mortdan and theyare at issue upon the seisin the issue gives all the matter in evidence for seisin in fee upon the lawfull entry of his father this is no good proofe of seisin Because that he which hath but a title of entry and not a right of entry cannot be remitted In an Assise they are at issue upon Ne unque seise c. the Pl ' gives in evidence that I.N. holds the Land of him and was attainted of felony and that the King should have annum diem vast and grants it over the defendant enters upon the grauntee within the yeare and the Pl ' brings an Assise within the yeare this is a good proofe of the seisin Because he can have no other seisin during that yeare Assise they are at issue upon Ne unque seise the plaintife gives in evidence that the Land is demisable c. and that I. N. his testator was seised and demised to him being his executor to sell c. and dyeth the plaintife enters and the defendant ousts him and he brings an Assise this is a good proofe of seisin per judicium Because he had the fruit against anestranger untill the heire may espy a forfeiture and makes actuall entry Tenant by the courtesie of a rent charge granted to his wife in fee to bee paid at Michaelmas his wife dies before the feast he makes an Avowry the Tenant traverseth the seisin which is found for him the Tenant by the courtesie dyeth the heire of him and his wife distrain and makes an Avowry upon the same grant he shall not be bound by the same triall Because the judgement is only to recover damages and he claimes as heire of his mother and not as heire to the father and avoweth by the grant for the seisin is not materiall And because that he in the
life to him 52. years past by his deed c. judgement c. and this is a good bar and shall be tryed notwithstanding the Statute c. and this notwithstanding that it was in the life of the auncester and without answering to the dying seised Because the Writ and Declaration is but a supposall and the barre is matter in fait A fine is levyed of land which is ancient demeane and after I. H. brings a Writ of right close in the Court of ancient demeasne and recovers the land upon issue upon the seisin against the tenant in taile which dyeth his issue shall be bound by this tryall Because it is not void but voidable because it is impleadable there by a part right patent and it is but one writ brought for another An Assise the tenant saith that the great Grandfather of this plaintiffe infeoffed W.N. who infeoffed the tenant 32. yeares past iudgement c. this barre shall be tryed notwithstanding this Statute and notwithstanding that the Plaintiffe had dyed Because that this matter in fayt and the writ and plaint is but a supposall Cessavit supposing the tenure by fealty and two shillings rent the tenant said that J.M. whose estate the demaundant had in the signiory after the ancient limitation and before the Stat of Westm. 2. enfeoffed the prior of D. to hold in frankaliens to hold by all services by the deed which he shewed c. whose estate he had in the land to hold quite for all services judgement c. this is a good barre notwithstanding the seisin afterwards and shall be tried notwithstanding the Statute 31. E. 3. Fitz Cessavit 22. Avowry for suit of Court to every two Courts and at the third to goe free and alleaged seisin the Plaintiffe said that he and two others held joyntly 3. acres of land of the defendant by suit of Court Vnde c. 60. years past the defendant brought a Cessavit against them and he another after and the third made a default after default wherefore the defendant reiceived a third part had execution in severalty judgement c. this is a good baâ—… and it shall be tryed notwithstanding thatthis is out of the limitation Because the Lord cannot take the suit and be contrary to the suit Assise of lands in D. they are at issue upon the seisin the assisse finde for the Plaintiffe and thereby he recovereth the tenant dieth and his heire brings a precipe against the Plaintiffe in the assise of land in D. the Plaintiffe in the assise pleades the first recovery of the same lands in D. and averreth that all is one and the same land the demaundant shall not be bound by the first tryall 14. E. 3. p. 9. A man recovers in a precipe in the Common pleas land in the Cinque-ports upon issue upon the seisin the tenant dyeth his heire brings an action in the Cinque-ports of the same land he shall be bound by the first tryall 9. H. 7.12 In the County Palatine a Commission in Ayre issued and after another Commission in Ayre issued who repealed the first and I.N. recovered land upon issue upon the seisin before the first Commissioners the tenant dyes his heire shall be bound by this seisin in an action brought before the last Commissioners Because the first Commission is notdetermined before Proclamation or notice given to the first Commissioners 34. E. 3. p. 1. A man recovers in banco land which is in Lancaster upon issue upon the seisin the tenant which lost brought another action against the demandant at Lancaster he shall not be bound by the first triall 9. H. 7.12 Because it was coram non judice breve Rs. non currit A man leaseth for life a man brings a precipe quod red of Rent against the tenant for life by covin and recovers upon issue upon the seisin the tenant for life dyeth he in the reversion shall not be bound by this tryall Because a feint recovery shall bee avoyded by the Statute of 32. H. 8. and by this Statute the party and his heires shall be bound and he it the reversion is not heire A Cessavit by tenant in tayle they are at issue upon tryall of the seisin which is found for the tenant who hath judgement the demandant dyeth his issue shal not be barred by this tryall to make an avowry or to have another Cessavit afterwards Because this is none of the actions which is spoken of in the Statute and also the judgement is that hee shall be barred of the land and not of the seigniory and upon a new Cessavit the heire may averre a Cesser and the issue was upon a Cesser in the seignory and the Statute speakes of a seisin of the thing demaunded which is the land and not the seigniory Dowre they are at issue that the husband was never seised which is found against the demandant by which shee is barred her sonne and heire of her and her husband brings a Mortdancester against the same tenant he shall not be barred by the first tryall Because the first judgement was onely of Dowre and not of title and the heire claimes as heire and not as heire to the mother Lord mesne and tenant the tenant holds by fealty and sixpence and the mesne by homage fealty escuage andtwelve pence the measne makes an avowry upon the tenant for fealty sixpence and alleageth seisin of the fealty and rent in his father which is found and tried against him and iudgement given by this tryall the Lord may distraine the tenant and make avowry for homage fealty and 12 d. Because the Statute saith that by the tryall the measne and his heires shall be barred of all avowries and claimes therefore the menalty is gone and the tenant shall hold of the Lord which is his owne act as a Release Foreiudger and the like and claime extends to all interrests tamen quere because it seemeth that hee shall not be barred but onely in the action in which the tryall is Lord and tenant the Lord avoweth the Plaintiffe traverseth the seisin which is found for him and he hath iudgement and recovers dammages the Lord cannot bring a precipe quod reddat of the same rent against the Plaintiffe Because the Statute saith that that shall be a barre of all avowries andclaimes after yet it seemeth that the the law is contrary and that he shall be barred onely in his action Juris utrum passeth against the person upon the tryall of a seisin his successor shall be barred by this tryall Because within the equity of the Statute The seventh Lecture What Infants Feme Coverts and the like shall have actions and shall be aided by this Statute c. TWo joyntenants have cause of a Writ of entry upon the ancient limitation tempore statuti whereas one was imprisoned tempore statuti and after he which was imprisoned dieth the other shall not have an action within sixe moneths upon
if no such act had been made that would not serve because if no such act had been the seisin of the King by matter of Record extinguisheth all seigniories but the words of the act of the 1. suppression are saving to all estrangers their titles as if the Abbe had been living not a diver si tat A man is attainted of Treason by Act of Parliament and after the heire is restored in as high a manner as if no such attainder had been the Lord distraines for his Rent and rescous is made 32. yeares past the statute comes the Lord is imprisoned he had good cause of action for the Rent to have advantage of the 6. yeares Because all is revived as in the case of a condition c. A man holds of his sonne by 3. s. and dieth the sonne enters by which the seigniory is extinct and endoweth his mother of the third part of the land the Statute commeth the sonne beyondSea he hath cause of action of the third part of the Rent within the 6. yeares upon the ancient limitation if he be debtor 34. E. 3.15 that the wife is in by the husband and the seigniory was determined by the act of the Law and not by the act of the Lord as a purchase therefore she shall be attendant for the third part of the Rent What causes of action shall serve those which were infants and covert and the like tempore statuti what not A man gives land in tayle reserving Rent dieth his wife is endowed of the Rent the tenant in taile dieth without issue the heire of the dower enters and defeceth the wife of the Rent 52. years before the Statute and she is beyond sea at the time of the Statute she hath not cause of action upon the ancient limitation to use it within the sixe yeeres c. 10. E. 3. A woman seised of certain land takes a husband and after the husband enters in religion the wife aliens in fee after the husband is dereigned before the stat of desolutions enters is ousted by thealience 52. yeares before this Statute of limitations and is imprisoned at the time of the Statute he had good cause of action to use within sixe yeares upon the Auncient limitation 33. E. 3. Tit. entre A man seised in fee takes a wife the Lord of the land grants the seigniory to the wife and her husband in fee and the husband dies she accepts homage of the Tenant 52. yeares before the Statute and is beyond Sea at the time of the Statute she had not cause to have a writ of dowre upon the Land within the sixe yeares upon the Anncient limitation Because she had accepted the seigniory she shall not have both 11. E. 3. Land is given by Fine to one for life the remainder to one which was baptized by the name of John in fee and after hee in the remainder is confirmed by the name of William the Tenant for life dyeth an estranger enters 52. yeeres before the Statute hee in the remainder is imprisoned at the time of the statute this is not sufficient cause of action to have a Scire facias within the sixe yeares upon the auncient limitation 12. R. 2. contrary upon a purchase executed A mardeaseth for life and Tenant for life leaseth for anothers life upon condition enters for the condition broken he in the reversion enters 32. yeares before this statute the Tenant for life imprisoned tempore statuti he had not cause of action to enjoy the auncient limitation within the six yeares Because a forfeiture shall not revive A man who was beyond Sea at the time of the statute and had cause of action c. comes to dowre and incontinent the King sends him backe to warre in France who continueth there seven yeares in a fortresse and commeth back he shall not have his action within the six yeares nor otherwise A man seised in right of his wife aliens Mortmaine the Lord enters the husband dyeth 52. yeares before this statute the wife is beyond sea tempore statuti c. the wife had good cause of action to recover the Land within the six yeares of his returne upon the auncient limitation The Lord disseiseth his Tenant and makes a feoffment in fee upon condition and re-enters for the condition broken the Tenant enters upon him and rescoussetha distresse 30. yeares before this Statute the Lord is imprisoned at the time of the Statute he had not cause of action nor to avow for the Rent nor seigniory upon the antient limitation within the sixe yeares of his enlargement Because the Rent and seigniory were extinct before and cannot be revived by the condition An Alience hath issue a sonne and is made denizen and purchazeth Land and hath issue another sonne and dieth the youngest sonne entreth the eldest doth oust him 32. yeares before this Statute the youngest is imprisoned at the time of the Statute he hath good cause of action to use it within sixe yeares upon the ancient limitation Because he was not inheritable before his father was Denizen as the son of a villaine borne after the enfranchisment is free but contrary of him which was borne before c. Grandfather and son the Grandfather dies seised I. H. abates the son disseiseth him the father dies 33. yeares before this Statute I. H. hath not cause of action to use it within 6. yeares upon the ancient limitation Because the discent of the right of the Father to the sonne doth remit him A man leaseth land for life the tenant for life is disseised an ancester collaterall of the tenant for life releaseth with warrantty and dieth without issue 32. yeares past the Statute is made the tenant for life beyond the sea he had not cause of action to enjoy the sixe yeares by this branch of the Statute 15. H. 7. Tenant in tayle discontinueth and retaketh in fee and grants a Rent charge and makes a feoffment upon condition the grantee is defeced of the Rent the tenant in taile had issue and dieth the heire enters for the condition broken the grantee is imprisoned c. hee had good cause of action for the Rent by this branch c. Because the heire is not remitted for that that he entred at full age contrary of such an entry for a condition within age 8. H. 7. Grandfather Father and Son the grandfather is seised of certaine land with common appurtenance and is disseised of the Common brings an asseise and is non-suited enfeoffeth the father of the land with the appurt dieth the father dieth52 yeares before this statute the sonne within age at the time of the Statute no cause of action is to the sonne to have an action within the six yeares 4. E. 3. A man made a feoffment in fee to a woman upon condition that if he marry her that it shall be lawful to him to enter and he marrieth him and
time the disseisor of non sane memory makes a feoffment of one acre and is imprisoned tempore statuti and dieth within the sixe yeeres the disseisee enters into the other acre of which no feoffment was made in the name of both the title of the heire of the disseisor is determined for both acres to have remedy within sixe other yeeres Because the entry into one acre in the name of two is good against the same person contrary against two severall disseisors A man seised of two acres enfeoffeth one of 1. acre upon conditioÌ„ enfeoffeth another of another acre upon another condition the first feoffee within age enfeoffeth a stranger in that acre is within age at the time of the Statute and dieth within the sixe yeers the conditions are broken the first feoffer enters in the other acre in the hands of him which did not make the feoffment in name of both acres the title of the heir of the infant is not determined by this entry Because the entry upon the feoffee in name of both shall not serve against the feoffee and therefore remedy for one acre A disseisor makes a gift in tayle the reversion in fee the tenant in taile had issue and dieth the issue enters and dieth without issue hee in the remainder enters the disseisee is imprisoned at the time of the Statute within the 6. yeeres the title of entry of his heir is not determined to enter within sixe other yeeres Because by the death of tenant in tayl without issue the descent is gone and so the title of entry for the heir is revived A Parson makes a Lease for life and dieth his successor is beyond sea at the time of the Statute and after dieth his successor taketh fealty of the Lessor his title is determined to take benefit within the other sixe yeeres Because this acceptance is a receipt of Rent A man which was imprisoned at the time of the Statute and had cause of action ut supra c. is enlarged after ascension c. and delivers a Release asan Escrow to I. N. upon certain conditions to be performed to deliver it to the terr tenant as his Deed and before the day hee is of non sane memory and after the conditions are performed and I. N. delivers the Deed and the Feoffor dies within the sixe yeeres this is a good Determination of the right so that the heir shall not have an action within other sixe yeers Because that had relation to the commandment c. A man enfeoffed I. N. upon condition that he should enfeoffe a woman and he enfeoffed the woman and her husband to them and the heirs of the wife and after the husband discontinueth the Statute commeth the husband dieth the wife dieth within the sixe yeeres the first feoffor enters the title of the heir of the wife is determined to have remedy within the other 6. yeeres Because by the misexecuting of the state to the husband and wife which should have been onely to the wife the condition is broken The eleventh Lecture For that the Statute saith That if any person taketh any of the said Actions Auditories Scire facias Prescriptions Titles or claimes before Ascension 1546. which abateth by the death of any partie no Judgement or Determination being had that the party which liveth or his heir shall have a new action c. within a yeere after such writ or suit abated and shall have such advantages within that yeer as at the common Law and the Eighth Article within 6. yeeres likewise It is to be seeâ— where such persons may declare upon the Ancient Limitation and e contra and what advantages they shall have and e contra TWo Parcenors Heirs in tayle bring a Formedon upon the antient limitation before Ascensi 1546. one dies without Issue after Ascension c. the other prayeth leave to have another writ and brings that freshly against the first Tenant withinthe yeere who pleads non tenure the Demandant avers him Tenant the day of the first Writ and shall have advantage to have this amercement for the land first in demand Because she claimes as heir of her father and not as heir of the sister Two parcenors are disseised 32. yeers before the statute and brings a writ of Entre in the nature of an Assise before Ascension 1546. and one dieth without issue after Ascension the other prayeth leave to have another writ and brought that freshly against the same tenant within a yeer c. for the same land who pleads non tenure the Demandant avers him Tenant the day of their first writ shee shall not have advantage to have this averment Because it cannot be by anothers but by the same title of the same action and here she claimes a moiety by her sister Two Infants are desseised 33. yeeres before the statute and brought a writ of entry in the nature of an Assise before Ascension 1546. and one dieth after ascension c. and the tenant also andhis heir is in by descent the other brings a writ of entry in the per within the yeer and the heir of the Tenant is essoined and after had the view by Attourney and after his Attour is essoined upon the view there at the day the Demandant cannot declare upon the ancient Limitation notwithstanding this Statute Because the yeere is past and therefore this article is little worth A man brings a Precipe upon the antient Limitation before ascention 1546. the tenant tenders his law of non summons and performes that after ascention c. by which the Writ abates and he brings a new within the yeer by journeys accounts c. hee shall not have advantage to declare upon the ancient limitation Because that is expired and the Statute doth not warrant no abatement but by death A man brought a Precipe upon the antient limitation before ascension the writ is abated by false Latin after ascention c. the Demandant prayeth to have another writ and taketh it freshly byjourneys accounts within the yeer c. the tenant pleads non-tenure the demandant shall not have advantage to aver him tenant the day of the first writ by journeys accounts c. Because the first writ did not abate by death and the averment proves that he took the writ upon the antient title where the antient limitation is determined and therefore without the case of the statute A man brought a Precipe before Ascention c. upon the antient limitation the writ is abated by Jointenancy afâ—er ascention c. the Demandant takes a new writ by journeys accounts c. within the yeer against both the tenant pleads Non tenure the Demandant avers them tenants die primi brevis he shall not have advantage of this averment Because the writ doth not abate by death and a writ by journeys accounts doth not lie against him which was not party to the first writ nor by construction against his companion which was party