that Tail may be of a Copyhold and that a Formedon mayly of it in Discender by Protestation in nature of a Writ of Formedon in Discender at common Law and good by all the Justices for though that a Formedon in Discender was not given but by Statute yet now this Writ lies at common Law and it shall be intended that this hath been a custome there de tempore c. and the Demandant shall recover by advise of all the Justices 15 H 8. B Tenant per Copy 24. Where a Stuard or under-stuard may let by Copy e contra See Tit Court baron Note that if a man leases a Mannor for yeeres in which are Copy-holds and after a Copyholder dies the termer of the Mannor grants the land by Copy for three lives this is good for the custome through all England is that the Lord for the time being may demise by Copy c. and this notwithstanding that hee is but durante bene placit or at Will And 't is held that such Tenant of a Mannor cannot demise reserving lesse rent then the ancient rent but he ought to reserve the ancient rent or more quaere of that Tenant by sufferance see Tit Tenant at Will Tender 'T is said for Law that upon a Lease for yeers rendring rent with re-entry the Lessee ought to bee ready all the day and make attendance to offer it and it suffices for the Lessor to come any time of the day yet the entry is that the one and the other attended the intire day quaere inde 36 H 8. B Conditions 192. the end Entre Congeable 2. the end Note that 't was agreed in the Serjeants Case that where a man leases Land for yeeres rendring rent and for default of payment a re-entry it suffices for the Lessee to tender the rent upon the Land the last houre of the last day of the Moneth if the money may bee told in that time And so it sufficeth for the Lessor to demand it the same houre 4 M 1. B Tender 41. If a man Leases for yeeres rendring rent at Michaelmasse and other Covenants if hee bee bound in an obligation to pay the rent precisely there hee shall seeke the Lessor but if hee be bound to perform the Covenants c. The tender upon the land sufficeth for there the payment is of the nature of the Rent reserved Contrary in the first Case 6 E 6. B Tender 20. Tenures What shall bee a Tenure and what a Condition see Tit. Conditions What shall bee a Tenure in Capite of the King what not see Tit. Liverie A man makes a Feoffment of the moytie of his Land the Lessee shall hold of the Lord by the intyre services which the intire Land was holden before for the Statute of Quia emptores terrarum tenend pro particula holds not place here for a moytie is not particula the same Lawe of a third part and the like which goes by the halfe and the whole contrary of an acre or of two acres in certain And if a man holds two acres by a hauke and makes a Feoffment in Fee of one acre the Feoffee shall hold it by a hauke and the Feoffor shall hold the acre by another hauke 29 H 8. B Tenures 64. Restitution by Parliament revives a Seigniory or Tenure which was extinct by attainder of Treason by Parliament See Tit. Extinguishment See in the Exchequer 3 E 3. Ro 2. 't was found that a man held of the King in Knight service in capite ut de honore suo de Rayleghe and 't was taken no tenure in capite but a tenure of the honour and therefore his heir shall have ouster Omaine of his other Lands which should not be if it had been in capite for then the King shall have all in Ward by his Prerogative yet otherwise 't is if the Honour be annexed to the Crown for then the Honour is in capite And 11 H 7. the Honour of Rayleghe was annexed to the Crown therefore now 't is in capite And where the King gives Land to hold of him by fealty and 2 d. pro omnibus servitiis this is Socage in capite for 't is of the person of the King otherwise if it were to hold ut de manerio de R. 33. H 8. B Tenures 94. 'T is held that if a man made a Feoffment of land before the Stat of Quia emptores terrarum to hold of him and to make suit to his Court this is good if he hath a Court But a man cannot commence a Court by tenure made where he had not a Mannor before for there the services should be holden of his person B Tenures 34. And a man cannot make a Mannor at this day though that he gives Land in tayl to hold of him and by suit of his Court for he cannot make a Court for a Court cannot be but by continuance And so a Man may make a tenure but no Mannor nor Court for a Mannor and Court cannot be but by usage had de tempore cujus contrarium memoria hominum non existit Testament Testament by a Feme Covert of the assent of the husband See Tit Devise A man devises his Land to I S this shall be taken but for term of his life but if he saith paying a 100. l. to W N this shall be intended a Fee-simple and if he doth not pay it in his life yet if his Heir or Executor pay it that suffises Quaere of his Assignee 29 H 8. B Testament 18. If a man holds three severall Mannors of three severall Lords in Knight service and every of them of equall value he cannot make his will of two of the Mannors leaving the third Mannor to the Heir but of two parts of every Mannor for otherwise he shall prejudice the other two Lords 35 H 8. B Testament 19. Note by the Doctors of the Civill-Law and Serjeants of the Common-Law if a man makes his Testament and names no Executors this is no Testament but yet 't is a good Will of the Land in it for those are not Testamentary but in the first where Executors want yet the Legacies shall be paid But if it appears that he made part of the Testament and not the whole there the Legacies shall not be paid And where a man makes a Testament and Executors and they refuse yet the Legacies shall be paid for there is no default in the Testator and the Testament shall be annexed to Letters of Administration 37 H 8. B Testament 20. Note for Law by the Chancellor of England and Justices That if the Tenant who holds of the King in Knight service in capite gives all his Land to a Stranger by act executed in his life and dyes yet the King shall have the third part in Ward and shall have the Heir in Ward if he be within age And if of full age he shall have
Difference betwixt Riot Rout and Assembly ib Sanctuory See Tit Corone saving default See Tit. Judgement Scire fac ias Second deliverance See Tit. Retorn de aeverse Seisin 262 Seisin by the hands of an intrudor ib Livery ib Distress suspended not Seigniory 262 Seisin of the King loses not the arrerages ib Several precipe Debt and deâ—inue in the same Writ ib Several tenancy 263 Uncertain demand in an assise Statute Merchant Part of the land extended in the name of all no reextent ib proces in another County upon a nihil returned upon a testatum est ib Deiberate ib Surrender ib When a man may hold the land beyond his term upon a Statute 264 Judgement ib Reversion not extendable ib Diversity betwixt a purchase after the Statute and before execution and where t is purchased after execut ' had 265 Execution by Executors in the name of the Conusee who is dead ib Execution for the Executors of the Conusee 267 Conusor returned dead ib Retorn of extendi facias liberate ib Supercedias 268 Attaint ib Sureties Death of the King id Surrender 268 Surrender extra terram ib Trespas ib The King cannot record a surrender ib Surrender by the first termor ib Termor makes the Lessor his Executor 279 He in remainder surrenders where there is a Lease for years in possession ib Suitor Two suitor onel Coyurt Baron ib Taile 270 Single voucher and double voucher diversitie ib Where the assets aliend shall be a bar in a Formedon where not 271 Two sons by divers venters ib Collateral warranty by release ib Quere ib Taile extinct ib Surrender ib Tenant at will 272 Tenant by sufferance and at will ib Disseisor ib Tennant by Copy ib Formedon in discender by a copy-holder ib Intendment ib Where Tenant at will or a termor of a Mannor may grant copy-hold for life 273 Demise rendring the ancient rent or more ib Tenant by sufferance See Tit. Tenant at will ib Tender ib What shall be the attendance in a condition ib Diversity 274 Condition of reentry for non payments ib At what time the lessee ought to make tender ib Tender upon the land â—e contra ib Tenures 275 Tenant makes a Feoffment of a moyety this is not pro praticula The like matter in the Cheq 5. H. 6. Ro. 4. ex parte ib Remember Thesaurarij 276 Tenure in capite ib Et de honore diversity ib Ouster I' main ib Socage in capite ib Diversity ib To hold by suite of court ib Court Mannor 277 Testament 277 Where a man shall have for life and where see simplely devise ib Payment by the Heir Executor or Assignee ib Quere ib Will of 3 Mannor by the stat 32. H. 8. 278 Testament cannot be without Execut. ib Where a legacy or devises shall be good though the devisor names no Executors ib Feoffment of all after the Stat. of 32 H. 8. ib Ward 279 Primer Seisin ib Explanation of Wills by Stat. 34 and 35 H. 8. ib. Testmoignes Witnesses 279 Age of Witnesses in Etate proband ib Titles 280 See Tit. Pleadings ib Travers of Office 280 Title made upon traverse tendered ib Traverse dying seized found by Office ib Termor cannot traverse 281. Monstrance de droit ib Traverse against the King ib Where the King shall have Prerogative where not ib. Non-suit in Traverse and Petition diversity ib. Judgement in Traverse ib. Travers by c. 282 Action upon the Case for making of false clothes ib. Seisin in Fee Traversed in Assize ib. The King shall waive his issues contra of an Informer ib. Without that that he had any thing 283 The mean conveyance in the Title shall not be traversed where the Plaintiff in his Title binds the Defendant ib. Remitter ib. Seisin in Fee traversed 284 Treason Misprision of Treason ib. Where Tryall shall be per pares 285 Forfeiture for misprision of Treason 286 Compasse or imagine ib. What shall be said Treason ib. Deprive ib. Quaere ib. Fine for misprision of Treason ib. Alien commits Treason 287 Diversity ib. Trespas 287 Quare vi armis of taking in anothers soil ib. Tryall 288 Tryal of a Peer of the Realm arrained upon an Indictment and appeal diversity ib. Tryall in Court Baron by wager of Law ib. Tryall of the Law shall bee by the Justices and of a particular custome per patriam ib. Tryall of a Bishop 289 Variance 289 Quare imped and the Writ and the Deed vary ib. Verdict 289 Verdict at large in a Writ of entry ib. Villeinage 290 Asserts in their hands ib. Diversity ib. Where the King shall have the Villeine of another in Ward or Ideot ib. Quaere ib. Voucher 291 See B. Tit. Voucher ib. Usury 291 Diversity where the day is certain and where incertain to make usury ib. Defeasance ib. Usury and where not 292 Waife 292 Waives his proper goods for Fellony ib. Waste 29â— Waste by a Termor who dyes before action broughâ— ib. Cutting of Beech of 20. 0â— under 20. yeers of age shall be Waste 293 Locus vastat waste in hedg-rows ib. Where the Termor may take all the under-wood eâ— contra ib. Silva cedua 294 Waste for not covering of a new frame and house ib. Waste by the Heir ib. A man shall be named Heir or Executor in the Premises and not in the alias dictus ib. Conclusion to the Writ 295 Abridgment HOlden by the Prothonatories of the Common Bench in Trespass of Battery That of such matters which lie in Conusance of the Justices they may increase dammages after a Verdict upon Issue otherwise of such matter which lies not in their Conusance as Trees cut But yet there they may increase costs 3. Mar. 1. B. Abridgement 36. the end Acceptance Note By Fitzjames and Englefield Justices if Tenant in Dower Leases for years rendring rent and dies the Lease is void and acceptance by the Heir of the Rent will not make the lease good for t was void before otherwise of voidable Leases 22. H. 8. B. Acceptance 14. If Tenant in Taill Leases his land for twenty years rendring rent and dies and the Lessee leases to another for ten yeares and the issue accepts the rent of the second Lessee this is no affirmance of the Lease for there is no privity between the second Lessee and him contrary if he paies it as Bayliff of the first Lessee and B. seems if the first Lessee had Leased over all his Term in parcel of the land let and this Assignee paies the rent to the issue in tail that this affirms the entire Lease for Rent upon a Lease for years is not apportionable 32. H. 8. B. Acceptance 13. Tenant in Tail the Remainder over Leases for years rendering Rent and dies without issue he in the Remainder accepts the rent this shal not binde him because that when the tail is determind all that is comprised within it is determined and so the Lease void and he in the Remainder
B. commission 9. Commission of the peace is made to 4. in the County of N. and after the King makes I. S. Justice of Peace there for term of his life the first Commission is determined B. Commission 10. If Justices sit by Commission and do not adjourn it the Commission is determined And see a Statute where new Commissioners of Gaol delivery may sit upon the Records of the ancient Commission of the Gaol which is determined And when a Commission of Oyer and Terminer is determined the Records of that shall be sent into the Kings Bench but Records of the Justices of Gaol delivery shall remain with the Custos rotulorum of the County And the next Justices of Gaol delivery shall proceed upon them upon judgement of death by the said Statute Quaere if they should proceed by the words to allowance of Clergie or Sanctuary it seems so by the equity B. Commissions 11. Conditions Debt upon an Obligation with a condition to perform all covenants contained in certain Indentures the defendant cannot plead the condition and reherse the covenants and say generally that he hath performed all the covenants without shewing how by the Prothonotaries 20. H. 8. B. conditions 2. If a man devise 20. l. to W. S. to be paid in four years after his death and dies and after the Devisee dies within the four years yet the Executor of the Devisee shall have the Money or the rest of it by suit before the Ordinary in the court Spiritual for t is a duty by the Testament or devise 24. H. 8. B. Devise 27. 45. conditions 187. By Fitz. if a man before the Statute of Tenures had made a gift of Land to one in Fee for to repair a Bridge or for to keep such a castle or for to marry yearly a poor virgine of S. this is a Tenure and not a condition and the Donor may distrain and make avowrie But if a woman give land to a man for to marry her this is a condition in effect and no Tenure which no bodie denied 24. H. 8. B. condition 188. tenures 53. If a man Mortgage his land to W. N. upon condition that if the Mortgager and I. S. repay 100 l. by such a day that he shall re-enter and he dies before the day but I. S. paies by the day the condition is performed and this by reason of the death of the Mortgager notwithstanding that the payment were in the copulative otherwise if it were not in the case of death 30. H. 8. B. conditions 109. By many if a man make a Feoffment in Fee ad intentionem to perform his will this is no condition but a Declaration of the purpose and will of the Feoffer and the heir cannot enter for non performance 31. H. 8. B. conditions 191. If a man be bound in a bond to pay 20 l. the Obligor in whose discharge the condition goes ought to be ready at the place c. all the day and the Obligee may come any time of the day 32. H. 8. B. conditions 192. A man gives land in Tail or Leases it for life or for years rendring rent with a condition of re-entry for default of payment there if he Leases part of the land to the Donor or Lessor or if the Donor or Lessor enter in part of the land he cannot re-enter for the rent arrear after for the condition is wholly suspended for a condition cannot be apportioned nor divided 33. H. 8. B. Extinguishment 49. conditions 193. Debt upon an obligation to perform all covenants contained in certain Indentures t is no plea that he hath performed all the covenants generally S. Quod performavit omnes singulas conventiones inindentura pred specificat ex parte sua perimplend if they be in the affirmative but must shew in certain in every point how he hath performed them B. condition 198. covenant 35. And where in a Covenant the Defendant saies that the covenants are that he shall pay 10 l. by such a day and infeoff him by the same day quas quidem conventiones idem defensoris bene perimplevit this is no good plea for he must shew in certain how he hath performed it 33. H. 8. B. covenants 35. the end Note for Law That Proviso semper put on the part of the Lesse upon the words of Habendum makes a condition otherwise of a Proviso of the part of the Lessor as t is covenanted in the Indenture That the Lessee shall make the reparations Proviso semper That the Lessor shall finde the great Timber this is no condition Nor by some tis no condition when it comes amongst other covenants on the part of the Lessee as t is covenanted after the Habendum and after the Reddendum That the Lessee shall scowre the ditches or the like Proviso semper That the Lessee shall carry the Dung from it to such a field this is no condition to forfeit the Lease for not doing of it contrary if such proviso be put imediately after the habendum which makes the estate or after the redendum Quaere by B. conditions 195. 35. H. 8. If a man Mortgage his land upon defeisance of repayment to re enter and the bargain to be void and the vendee Leases the Land to the vendor for ten years by Indenture of defeisance and further grants to him That if he paies 100 l. infra terminum dict 10 annorum that then the sale shall be void c. and the Lessee surrenders the Term yet the tender of the 100 l. is good within the ten years because that the ten years is certain though the lease is surrendred or forfeited Otherwise if it were to repay infra terminum predict without these words ten years for in the one case the Term S. the Lease is the limitation of payment and in the other case the ten years by Whorewood in his Reading in the Lent B. conditions 203. Defeasans 18. The same law if B. holds certain land for term of ten years of A. and t is covenanted betwixt A. and B. That if B. pay 100 l. to A. within the said ten years that then he shall be seised to the use of B. in Fee and B. surrenders his term to A. and after payes him 100 l. within the ten years there B. shall have Fee for the years are certain otherwise where t is covenanted That if he payes 100 l. infra terminum predict and he surrenders and after payes the 100 l. this is nothing worth for the Term is determined but in the other case the ten years remain notwithstanding the surrender 35. H. 8. B. Exposition 44. T was holden clear in the Kings Bench that where M. and other two are bound to stand to the award of I. N. so that it be made and delivered by the Arbitrators in writing to the parties before Michaelmas they make the award and deliver it to one by Michaelmas
plena curia Contrary if he doth it out of Court without such authority Yet the high Steward may demise customary land by copy out of Court by some Quaere thereof by B. if he hath not a special authority from the Lord to demise 2. E. 6. B. Court baron 22. Tenant by copie 26. Customs Information in the Exchequer against a Merchant for lading Wine in a strange Ship the Defendant pleads the licence of the King made to I. S. to do it which I. S. had granted his authority thereof to the Defendant quod habetur consuetudo inter mercatores per totam Angliam that one may assigne such a licence over to another and that the assignee shall enjoy it c. to which t was demurred in law and t was agreed for law That a man cannot prescribe a custom per totam Angliam for if it be per totam Angliam this is the Common law and not a Custom contrary if the custom had been pleaded to be in such a City or County as Gavelkinde Borrow-English Glocest. Fee and the like 35. H. 8. B. Customes 59. Dammages NOte in Trespass local That upon an inquest of Office to enquire of Dammages the Court may abridge or increase them But otherwise upon the Principall S. upon issue tryed betwixt party and party but there it may encrease costs For the party is at his attaint but upon an inquest of Office he cannot have an attaint 34. H. 8. B. dammages 144. See Tit. costs Default If a woman be received in default of her Husband and after shee makes default judgement shall be given upon default of the husband and no mention shall be made of the receit Time H. 8. B. default 85. Demurrer Inquisition found that I. S. held certain land of the King ut de honor suo Gloucester which is not in Capite upon which proces issued against W. S. who had intruded c. and to sue Livery and because that this Tenure is not in capite and therefore Livery not due the party demurred upon the record for t is no cause of Livery And where a man declares upon a Statute and recites it otherwise then t is or pleads it otherwise then t is the other may demur upon it for no such Law if it be misrecited 32. H. 8. B. Demurrer in Law 25. Denizen See Tit. Alien Note for Law That where an Alien born comes into England and brings his son with who was born beyond Sea and is an Alien as his Father is there the King by his Letters pattents cannot make the son Heir to his Father nor to any other for he cannot alter his law by his letters Pattents nor otherwise but by Parliament for he cannot disinherit the right heir nor disappoint the Lord of his escheat and the son of an Alien which son is born in England he is English and not an Alien 36. H. 8. B. Denizen 9. Deputie T is said that a Deputation of an Office which lies in grant ought to be by Deed and not by word 28. H. 8. B. Deputy 17. Detinue By Shelley and others if a man meddle with goods as by trover of them he shall be thereof charged though that he deliver them over before action brought 32. H. 8. B. Detinue de biens 1. The end Debt Where Debt lies and where a Scire facias See Tit. Age. Debt upon Indentures of Covenants where the Defendant had Covenanted to do many things and the Plaintiff the like to do many other things ad quas quidem conventiones per implendam uterque obligatur alteri in one hundred pound and the one breaks Covenant by which the other brings Debt and the Defendant pleads payment of ten pound to D. which was all to which he was bound judgement if action and no plea per curiam because he did not shew thereof a Deed where the Plaintiff declared upon the Indenture which is a Deed And yet otherwise in pleading of payment of Rent reserved upon a Lease for years made by Indentures For there he may levy it by distress and therefore an averment may come in ure But otherwise where all rises by specialty where it lies in payment 25. H. 8. B. Debt 173. Debt upon an obligation with Condition where the condition is not broken by which he is barred he shall never sue this obligation again for once barred est pro imperpetuo 29. H. 8. B. Debt 174. Administrator of a Lord brings an action of Debt for relief which fell tempore intestati and the Defendant pleaded in Bar and traversed the Tenure and so at issue And therefore B. seems that the action lies clearly for him for the Defend did not demur so if it be brought by an Executor of the Lord for relief due to the Testitor Rot. 5â—9 in the Common Bench. 32. H. 8. B. debt 193. Relief 11. the ends Devise Not that a Fem Covert with assent and will of her husband may make her Testament and devise the goods of her Husband yet if the Husband prohibit the probat of the Testament of the Wife after her death then all is void For the husband may countermand it B. devise 34. the end Testament 21. the end And a Devise by the husband to his Wife is good though they are one and the same person in the Law for the devise takes not effect till after the death of the husband and then they are not one person 24. H. 8. B Devise 34 T was agreed by all that if a man wills that I. S. shall have in his Land in date after the death of his Wife and dies now the wife of the Devisor by these words shall have the Land for her life by reason of the intent of the Will 29. H. 8. B devise 48. Note That in London a man may Devise by Testament to a common person though the Testament be not enrolled but if he Devises in Mortmain he ought to be a Citizen and a Freeman resident and the Testament oâ—ght to be enrolled at the next Hustings 30. H. 8. B. devise 28. A man Devises to two heredibus eorum and dies and after one of the Devisees dies and the other survives he shall not have the intire by Survivor but onely a moytie for this was the intent of the Devisor by Audley Chancellor of England B. devise 29. and by B. there the end If one devise to another in feodo simplicâ— the devisee hath a Fee simple 30. H. 8. A man wills that his land Devisable shall be sold by his Executors and makes four Executors and dies all the Executors ought to sell for the trust is put joyntly in them Quaere for B. seems That if one or two die that the three or two which survive may sell for there is the plural number Executors and death is the act of God B. Devise 31. and by him where
contra formam collationis And if he aliens sine assensu Decani Capituli then lies the Writ de inâ— gressu sine assensu Capituli 36 H. 8 B. Licenses 21. Lieu Place Place is not material in actions transitory See Tit. Attaint Where a Recognizance is acknowledged in London before a Justice of thâ— Common Bench and certified in bancoâ— and there ingrossed a Scire facias shalâ— be brought there directed to the Sherifâ— of London and not to the Sheriff oâ— Middlesex where the Bench is by all the Prothonotaries of the Common Bench. 4 M. 1. B. Lieu 85. Limitations Note that it seems cleer that the new Limitation and also the ancient Limitation extends to Copie-hold as well as to Free-hold for the Statute is that he shall not make prescription title nor claim c. And those who claim by Copie make prescription title and claim c. And also the plaints are in natura forma Brevis Domini Regis ad communem Legem c. And those Writs which now are brought at Common Law are ruled by the new Limitation and therefore the plaints of Copie-hold shall be of the same nature and form 6 E. 6. B. Limitations 2. Livery Note if the King hath a Ward because of Ward and the first Ward comes to full age and sues Livery the other Ward being within age there the Ward shall not sue Livery but ouster le maine for now the Seigniory of his Land is revived by the Livery so that he holds not of the King as afore but of his immediate Lord. But if the Ward because of Ward had been of full age before the first Ward he should sue Liveryâ— 25 H. 8. B. Livery 47. Where a woman out of Ward by Marriage shall sue Livery at fourteen yeers See Tit. Garde He which holds Land within the County Palatine of Lancaster of the King in Knight service ut de Ducato Lancastr shall sue Livery Contra of him who holds Land which lies out of the County Palatine of the King in Knight-service c. 28 H. 8. B. Livery 55. Note that general Livery cannot be but upon Office found but special Livery may be without Office and without probation of age but there he shall be bound to a rate and sum certain to be paid to the King B. Livery 56. And by B. ibidem 31. this cannot be claimed by the Common Law as general Livery may but is at the will of the King 28 H. 8. If the King purchases a Mannor of which I. S. held in Knight service the tenant shall hold as he held before and he shall not render Livery nor primer seisin for he holds not in Capite but holds ut de manerio And if his heir be in Ward by reason of that he shall have an ouster le maine at full age â—nd 't is said if the King after grant the â—annor to W. N. in fee excepting the â—â—rvices of I. S. now I. S. holds of the King â—sof the person of the King and yet he â—â—all not hold in Capite but shall hold 〈◊〉 he held before for the act of the King â—hall not prejudice the tenant But if the â—ing give Land to me in fee tenend miâ—i heredibus meis of the King c. â—nd expresses no certain services I shall â—old in Capite for 't is of the person of â—â—e King And note that tenure in Caâ—ite is of the person of the King 29 H. â— B. Livery 57. Tenures 61. Extent of livery is the value of the â—and by half a year But if he intrudes â—nd enters without livery he shall pay the â—early value by experience of the Exâ—hequer And where cestuy and use 〈◊〉 attainted of Treason and 't is enacted â—y Parliamen That he shall forfeit his â—and in possession and in use that â—here the King is but a purchaser and â—herefore those who hold of him that was â—ttainted shall not sue livery Quaere â—f it be enacted that he shall forfeit it â—o the King his heirs and successors Eâ—contra if he had been sole seised and â—ad been attainted by the Common Law â—or there the King hath the Land as King and there those who held â— shall sue livery And yet the Statute â— Si quis temerit de nobis de aliqua 〈◊〉 chaeta ut de honore Wallingford Boseâ— c. non faciet aliud servivum quaâ— fecit preantea And therefore this â— intended of a common escheat And aâ— so some Honours are in Capite as paâ— of Peverel and others 29 H. 8. â— Livery 58. The Kings tenant leases for years anâ— dies the heir shall sue livery notwithâ—standing the Lease indures And thâ— same where the Father declares his wiâ— of the Land for yeers and dies 30 H 8. B. Livery 59. If a man holds of the King before thâ— Statute of uses and infeoffs others 〈◊〉 his for term of life the rem ' over in taiâ— the rem ' to his right heirs and dies anâ— after the tenant in tail dies without issueâ— the heir of the Feoffer shall sue livery for the fee simple was never out of him and therefore it descends to his heir anâ— if he hath it by descent he shall sue livery And the same Law and for the samâ— reason if at this day a man gives in tailâ— the rem ' to his right heirs Otherwise B. 2. seems where a man makes a Feoffment in fee in possession and dismisses â—â—mself of all and retakes for term of 〈◊〉 the rem ' in tail the rem ' to his â—â—ght heirs and dies and after the teâ—ant in tail dies without issue there the â—â—eir who is right heir is a purchaser â—nd if the King seises he shall sue â—ister le main and shall not be comâ—elled to sue livery But if the tenant 〈◊〉 tail had dyed without issue in the life â—f tenant for life and after the tenant â—or life dies there his heir shall sue livery for the fee simple was vested in the tenant â—or life by extinguishment of the mean â—em ' and therefore the fee simple descends And note livery is that the King â—hall have the value of the land by half â— year And ouster le main is a Writ â—o ouste the King of the Land without aâ—y profit given to the King 32 H. 8. B. Livery 61. Where a man holds certain Land of the King in Soccage in Capite the King shall â—ot have liberty of more then the Soccage-Land 32 H. 8. B. Garde 97. He which holds of the King in Knight service and not in Capite shall not sue livery because he holds not in Capite and there when the heir comes to full age he shall have an ouster le main for none can enter upon the King But if he be of full age at the time of the death of his ancestor then he shall render relief to the
King and goe quite as if he had holden of a common person Contra of Tenure in Capite 32 H. 8. B. Livery 62. Note that the heir of him who holds of the King in Capite in Soccage shall not render primer seisin to the King for all his Lands but onely for those Lands holden in Soccage in Capite Contrary of him who holds in Knight service in Capite by the experience of the Exchequer And the heir which sues Livery shall have in every County a several livery And note that livery is where the heir hath been in Ward and comes to full age he shall have livery extra manus Regis And primer seisinâ— is where the heir is of full age at the time of the death of his ancestor or where his tenant holds in Soccage in Capite and dies there the King shall have primer seisin of the Land which amounts to the like charge to the heir as the livery is 38 H. 8. B. Livery 60. Note that a man cannot sue livery in the Chancery for Land in Wales Nor in a County Palatine by experience Time H. 8. B. Livery 63. If the heir of cestuy que use be of full age at the time of the death of his ancestor the King shall not have primer seisin for 't is not given by the Stat. but onely the ward of Land and body And if a will were declared by cestuy que use which is not performed during the nonage of the heir there the King shall not have the Land but the heir at full age shall prove his age and shall goe quite by experience in the Exchequer Casus B. Livery 77. the middle Mainprise IF a man be arrested in London and finds sureties to the Plaintiff there and after is dismissed in banco by Writ of priviledge and after a Procedendo comes in the same suit to the court of London this shall not revive the first mainprise or suretiship for once dismissed and always dismissed And 't is said that after a man hath found mainprise to a Bill in the Kings Bench and after is at issue or demurrer and after is awarded to replead and to make a new declaration the Mainprise is by this discharged Contrary where they manuceperunt usque ad finem pliti and where the original remains 32 H. 8. B. Mainprise 96. If a man be convicted of Felony and remains in prison and after the King pardons him there the Justices of Goal-delivery may bail him till the next Sessions oâ— Goal-delivery so that he may then comâ— with his Pardon and plead it 2 E. 6. B Mainprise 94. Maintenance Note by all where Tenant in Tayl oâ— for term of Life is impleaded he in remâ— or reversion may maintain and give of his proper money to maintain for safeguard of his interest for 't was agreed that he who hath an interest in the Land may maintain to save it 1 E. 6. B. Maintenance 53. Note that upon the Statute of buying Titles and to maintain that a man shalâ— not buy Land except the vendor hath been in possession c. by a yeer before 't was agreed by Mountague chief Justice and by all of Serjeants Inne in Fleet-street that if a man morgages his Land and redeems it he may sell his Land infra unum annum prox c. without danger of the State aforesaid for so is the intendment of the Statute for the ancient Statutes are That none shall maintain and yet a â—an may maintain his Cousin and so of â—e like for 't is not intended but of unâ—wful maintenance and so of a pretenâ—d Title and not of that which is clear â—itle 6 E. 6. B. Maintenance 38. Mannor A man cannot make a Mannor at this â—ay notwithstanding that he gives Land 〈◊〉 many severally in Tayl to hold of him 〈◊〉 Services and suit of his Court for he â—ay make a Tenure but not a Court for â— Court cannot be but by continuance cuâ—â— contrarium memoria hominum non â—â—sist it And 't is said for Law that if a â—annor be and all the Free-tenures esâ—eat to the Lord but one or if he purâ—hases all but one there after this the Mannor is extinct for there cannot be a Mannor except there be a Court-Baron 〈◊〉 it And a Court-Baron cannot be â—olden but before Suitors and not before 〈◊〉 Suitor therefore one Free-holder â—â—ely cannot make a Mannor 33 H. 8. â— Comprise 31. Mannor 5. Misnosmer Misnamer A Statute was acknowledged by man in the name of I. S. de D. in Coâ— E. Butcher and he was taken upon Prâ—cess and said in avoydance of the Statutâ— that he was always dwelling at S. aâ—â— not at D. and was a Husbandman and nâ— a Butcher and that I. S. of D. acknowledged the Statute without this that he the same person that acknowledged iâ— which Plea was refused for a great inconvenience that might fall upon it 36 H. B. Misnosmer 34. the end Monstrans de faits Shewing of Deeds See that he which pleads a Deed Record or which declares upon a Deed Record it behoves him to shew it Oyer of those is always to be had by 〈◊〉 which is charged by it Regulae Monstrans 165. Oyer de Recordes 1â— the end Mortdauncestor By the best opinion in the Commâ—â— Bench if two purchase jointly to them â— to the heires of one and he which hath the Fee dies and after the other dies the heir of the first shall not have a Mortdauncestor and B. seems the reason to be because the Fee was not executed in Possession by reason of the survivor of the other and t is in effect now but the discent of a reversion and the wife of him who had the Fee shall not have Dower and yet he might have forfeited the Fee simple or given it by Feoffement but not by grant of the Reversion 12. E. 4. 2. and joyn the Mise in a Writ of Right for he in Reversion and the Tenant for life may do it Quaere if he may release it 29. H. 8. B. Mortdauncestor 59. Mortmain Lord and Tenant the Tenant leases for life to I S. the remainder to an Abbot and his successors the Lord need not to make claim till the Tenant for life be dead for if he will wave the Remainder t is not Mortmain But of a grant of a Reversion with Attornment t is otherwise And if the Tenant makes a Feoffment in Fee to the use of A. for life and after to the use of an Abbot and his successors there t is not Mortmain till the Tenant for life in use dies and he in Remainder takes the profits Note that appropriation of an advowson without licence is Mortmain 25. H 8. B. Mortmain 37. If a man leases to an Abbot and his successors or to another Religious person for a 100 years and so from a 100. years to a 100 years untill 300 years be incurred this is one Lease
and such Lease is Mortmain by the words of the Statute de religiosis 7 E 1â— S. colore termini for the said Statute is quod nullus emeret vel sub colore donationis aut termini aut ratione alterius tituli ab aliquo reciperi aut arte vel ingenio sibi appropriare presumat c. And the same Law oâ— a Lease for 400 years or the like Contrary if a man leases for a 100 years or the like and covenants that he or his heirs at the end of a 100 years will make another Lease for another 100 years and so further this is not Mortmain for t is but one Lease for a 100 years and the rest is but a Covenant but in the first case for that is for 300 years at first in effect and all by one and the same Deed B. Mortmain 30. Leases 49. And 99 years is not Mortmain And also a Lease for a 100 years is not Mortmain by B. for t is a usual term 29. H. 8. B. Mortmain 30. By Br. if an alienation in Mortmain be and the alienee is disseised and the disseisor dies seised his heir is in by discent yet the Lord may enter within the year for he hath but onely a Title of Entry and cannot have an Action But otherwise of him who hath right of Entry and may have an Action 1. E. 6. B. Mortmain 6. the end Negativa preignans see Tit. Issues joyns Non-ability VVHere and in what Case aâ—â— Alien is disabled from bringing of an Action what not See Tit Alien Non est factum Note that in Debt upon an obligation made for Usury and the Defendant pleads this matter he shall conclude and so the obligation is void Judgement si action and shall not conclude non est factum 7. E. 6. B. Non esâ— factum 14. the end Nonsuit Note that the King cannot be non-suited Yet B. seems that he who tam pro Domino rege quam pro seipso sequitur may be nonsuited 25. H. 8. B. Non-suit 68. Note when the parties in an Action have demurred in judgement and have a day over there at that day the Plaintiff may be demanded and may be â—onsuited as well as at a day given after issue joyned 38. H. 8. B. Nonsuit 67. Nontenure Where a man is barred by a false verdict and brings an attaint against the first Tenant nontenure is no plea for he is privy contrary of a stranger as where the Tenant infeoffs a stranger after 19. H. 8. B. Nontenure 6. In an attaint Non tenure is no plea â—or a privy to the first action contraâ—or â—or a stranger to the first Action B. Nontenure 16. And t is said that t is â—o plea in an attaint to say that the Plaintiff in the Attaint hath entered â—fter the last continuance 20. H. 8. B. Nontenure 22. Nontenure is no plea in Waste See Tit. Waste Nosme Name What shall be a good name of Purchase See Tit. Discent Note if a Dutchess or other such state marries with a Gentleman or an Esquire she by this shal lose her dignity and name by which she was called before as in the case of the Lady Powes and Dutches of Suffolk the one espoused R. Haward and the other S. the Dutches AdrJan Stokes and therefore Writs were abated in their Cases For by the book of Heralds quando mulier nobilis nupserit ignobili desinit esse nobilis 4. M. 1. B. Brief 546. Nosme 69. Notice The Patron shall take notice of every voidance of an Advowson except resignation and of this the ordinary shall give him notice Lecture Frowick B. Notice 27. Office devant c. Office before c. NOTE by those of the Exchequer where a man is attainted by Parliament and all his Lands to be forfeited and doth not say that they shall be in the King without Office there they are not in seisure of the King without Office for non constat of Record what Lands they are 27. H. 8. B Office devant 17. If the King grant Land for term of life after the Patentee dies yet the King cannot grant it over till the death be found by office this by reason of the Stat. that a grant before office shall be void 29. H. 8. B. Office devant â—6 If an Office finde the death of the Kings Tenant and that his heir is of full age and doth not say when there it shall be intended that he is of full age tempore captionis inquisitionis but that he was within age tempore mortis tenentis and therefore it ought to be expressed certain when he was of full age 29. H. 8. B. Office devant 58. Note that t is an antient course in the Exchequer that if it be found by Office that I S. was seised in Fee and died sed de quo vel de quibus tenementa tenentur ignorant that a Commission shall issue to enquire of it certainly de quo c. and if it be found that of W. N. then the party shall have Ouster l'main of the King But if an Office be found quod tenetur de Rege sed per que servitia ignoratur this is good for the King and it shall be intended to be holden in Capite per servitium Militare for the best shall be taken for the King But now in these cases a Melius in quirendum shall be awarded by the Statute 30. H. 8. B. Office devant 59 Land was given by the King pro erectione Collegii Cardinalis Eborum and the Colledg was not erected and upon office found thereof the King seised Time H. 8. B. Office 4. the end T was agreed by the Justices that the King is not intitled to the land of his ward without office though he hath in it but a Chattell yet it comes ratione tenure which is a seigniory and free hold in the King 5. E. 6. B. Office devant 55. Note that of a Chattell the King is in possession without office And â—contra of land and of free hold except of a term And sometimes he shall be in possession of inheritance without office yet the King shall not have the land of his ward without office though he hath in it but a Chattel for the ward comes by reason of the tenure which is a seigniory and free hold in the King and therefore a difference betwixt this and a lease for years of a man outlawed For if a man hath a term for years or a ward and is outlawed this is in the King without office Lecture B. Office devant 60. Officer Note for Law if a man hath a fee of a Lord and after is made Justice this fee is not void by the Law but after the making of him Justice he is not to take any fee but of the King and the same law of him who hath an office of Steward and after is
Defeasance to a stranger and where to the defendant ib Diversity ib Shewing of deeds ib Estray 110 Who shal have property in an Estray ib Executions 111 Of a thing executory a man shal have execution for ever by Scire fac ib Execution upon an obligation conjunctim devisim and satisfaction diversity ib Vinica executio 112 Capias ad satisfaciend not retorned ib Executors 112 Executors denied the deed of their testator ib Judgement thereon 113 Executor of executor ib Two executors the one not to meddle by a certain time ib Executor hath a term and purchases the reversion in fee 114 Assets ib Exposition Extinguishment Corporation ib Restitution by Parliament revives a seigniory or tenure which was extinct by attainder of Treason by Parliament 115 Extinguishment and suspension Diversity ib Seigniory ib Executor hath a term and purchases the reversion in fee 116 Assets ib Devastavit ib Diversity ib The first lessee for years purchases the fee simple ib Faits Deeds 117 Deed bears date beyond sea ib Place traversable ib Verba post in cujus rei c. ib Faits inroll Deeds inrolled 117 Deed inrolled by a feme covert by the common Law and by custom diversity ib London 118 Examination ib Fine levied ib Livery of seisin ib Feoffment to the King ib Relation of an inrolment ib Fauxefier Falsifying 120 Who shal have attaint or error ib Faux imprisonment False imprisonment Authority of a Constable or a Justice of Peace ib In nullo est erratum ib Tryal in false judgement and in writ of error diversity ib Fealtie 121 A man shal not doe 2 homage for 2 tenures to a man nor to the King ib King ib Homage ib Corporation ib Feoffements 122 Feoffement of a house cum pertinen ib Feoffement for maintenance ib Exposition of a Statute ib Remitter 123 Feoffement to four and livery to the Attorney of the one for all ib Second Lessee suffers Livery ibid Feoffement of a moyty ib Feoffement and delivery of the Deed upon the Land 124 Acre in possession and another in use ib Plead Feoffement infra visum Feoffement infra visum terre 124 Feoffement to many and livery to one in the name of all Diversity 125 Feoffement void by Statute ib Feoffements to uses 125 Fitz. seised to the use of the Father ib Tenant in Taile shall not be seised to anothers use 126 1. ibid Use express ibid 2. ibid Who shall be seised to anothers use who not ibid Corporation cannot be seised to a use ib In the post 127 Mortmaine ibid Escheate ib Perquisite ib Recovery ibid Dower ib 3. ibid Courtesie ib Use in Taile ibid 4. ibid Tenure is consideration in Law ibid Termor shall do fealty ibid Rent reserved a good consideration ib Use changed by buying ib Use at common Law 128 Tenure ibid To whose use the Feoffee shall be seised before Statute of Tenures and to whose after diversity ib Feoffee by collusion shall be seised to a use Warde ib Feoffee causa matrimonii prelocut seised to a use Quere 129 Deceite ib Cestuy que use in â—remainder or reversion may sell but not make a Feoffement ib Recovery against Feoffees to a seisen Taile ib Notice of the use ib Statute expounded 130 Notice of the use material ib Et è contra ib When a man may change a use when not ib Use in taile determined ib To make a use to commence expectant by covenant 131 Mesne to bind Lands with a use to whose hands soever they shall come ib Notice of the use ib Recovery against Cestuy que use in Taile And the entry of the Feoffees taken away ib Use in tail 132 Quere ib Equity ib Exposition of a Statute ib Fine by Tenant in Tail in use or possession ib Recovery to the use of Covenants and agreements in Indent c. 133 Where a Covenant shal change a use ib A woman seised to the use of her husband 134 Where these words shal take the profits makes a use and where è contra 135 Use cannot be contrary to the consideration ib What is sufficient covenant to change a use ib Recovery against Cestuy que use in tail by sufferance 136 Vendee shal have fee though he hath notice of the use ib Use to alter the free hold from one to another by Statute ib Entry ib Quere ib Ex post facto 137 Recovery to binde the Tail in use ib Use vests in the heir as heir of his father where the father was dead before the use came ib Relation 138 Quere ib Warde ib Gift of Chattels to a use ib Statute expounded ib Fines levies Fines levied 139 Covenant for assurance of a Joynture by fine 139 Infant shal not levy a fine ib Who shal take the first estate by fine who the remainder ib Fine sur conusance de droitame ceo by A. to I. and I renders to A. the remainder to the wife of A. who was not party to the Writ ib Fine levid by Cestuy que use for life 140 Use forfeit ib quaere ib Fine levied by cestuy que use in Tail ib Use in tail Quere ib quaere ib London 141 Deeds inrolled ib Another of the same name levies the Fine ib Error ib Dedimus potestat 142 Conventio ib Lease for years by Fine to bind the tenant in tail ib Estoppel ib Infancy ib Coverture ib Reservation to a stranger ib Distress ib Lease for years made by Fine 143 Who may take a fine by the Statute de finibus attornatis ib Quere 144 Fine in Hamlet ib Fine in Hamlet or ville decayed ib Writ of dower ib Forcible Entry Where a man may hold with force where not ib Remitter 145 Quaere ib Forfeiture of marriage ib Tender not traversable ib Forfeiture de terre c. ferfeiture of Land c. 146 Forfeiture in an attaint and premunire diversity ib Attainter by Parliament 146 Clerk convict shall forfeit his goods ib Formedon 147 Diversity 147 Formedonupon taile which commenced in use and is executed upon the Stat. 27. H. 8. ib General writ and special declation ib Formodon upon a use general writ and special declaration 148 Diversity ib Form 149 Wood before pasture in plaint of Assise ib Frankmarriage 150 Frankmarriage with a man ib Frankmarriage the rem in Fee ib GARDE WARDE VVHere the heir within age shall be in ward where not ib Woman out of ward by mariage ibid Livery at fourteen yeers ib Remainder to the right heirs 152 Reversion and remainder diversity ib Livery of Soccage Land 151 Lord in Knights service shall not ouste the termor c. ib Where one person shall be twice in ward where not ib Grant of a ward 15â— King shall not ouste a terme of his tennant because he hath his heir in ward 155 Knight in ward ib Viscount Mountague ib Diversity where an heir is made Knight within age in the like of the anncestor and where Knight within age after the
ancestors death ib Writ of ward without seisen infra tempus memoriae Tenure traversable 156 No seisen and yet ward 157 Assent and dissent to marriage ib Divorce ib Ordinary ib Warde and marriage 158 Tenure ib Two Joyntenants and the heir of the one in ward living the other ib Garranties Warranties 159 Collateral warranty ib Coverture shall not avoide a collateral warranty upon a discontinuance ib Warranty without heirs 160 Warranty to rebut but not to vouch ib General writ 161 General issue ib Things to be pleaded and not given in evidence ib Command ib Common ib Rent 162 Licence ib Lease for yeers and at will diversity ib Manumission in deed and in Law diversity ib Not escaped pleaded and not arrested given in evidence 163 Grants 164 Office of charge and of profit diversity ib Ousting the officers ib Quere 166 Grant void for incertainty 137 Diversity betwixt grant and devise ib Quere ib Lease for life and four yeers over ib What shall pass by grant of lands and tenements or omnes firmas ib Ejectione Firme bi HARIOTS 138 HAriot custome and service diversity ib Detinue ib Heresie 138 Where a writ de haeret comburend shall issue where not ib Abjuration 139 Diversity ib Homage see Tit-Fealty 139 IDEOT 1â—0 IDeot and unthrift diversiverty ib Imprisonment 140 Incident 140 Court Baron incident to a mannor Pipowders to a Faire ib Grants 141 Recovery of a rent service good titie to homage and fealty ib Indictments 141 Indictment of death and poysoning ib Justice indicted ib Diversity ib Alter trespas in felony ib Intrusion 142 Relation of an office diversity ib Where pardon of Intrusion excuses the issues livery c. where not ib Diversity 143 Joyntenants 143 Where successive holds place where not ib Habendum ib Reentry by two or against two where the one dyes 144 Journeys accompts 144 Judggment 145 Nonage saves default ib Recovery against an infant by default and by action tried diversity ib Where a man shall be restored to his first action and where he shall have error c. ib Recovery of land in one County which lies in another ib VJew 146 Intendement ib Assise in N. and recovery pâ—eaded in H. ib Condition determined by judgement 147 Judgement given with original ib Issues joynes Issues joyned 148 Action upon the case upon an assumpsit ib Special verdict where the issue is upon an absque hoc ib Americiament ib Issue found in part diversity ib Preignancy ib Issue in wast ib Americiament 149 Issues retornes Issues retorned 159 See Tit. intrusion Debate of tithes betwixt lay persons ib Spiritual Court ib Tryal of a thing ultra mare 150 Jurors 150 Jury took a scroule not delivered to them in Court ib LEET 150 PAin in the Leet for redressing anusance forfeited by presentment ib Where the Lord shal have debt upon a pain in a Leet and where distrain for it 151 Leet of the torne of the Sheriff ib Exposition of a Statute Leases 151 Void lease ib Acceptance by the successor of a Parson upon a lease for years for life diversity ib Lease during a lease 152 House ib Averment ib Lease for life by a Parson and lease for years diversity Lease determined for a time and yet good after ib GardJan in Chivalry nor Lord by escheat shal not ouste the Lessee 153 Lease for life and lease for years after ib Convenit ib Concessit ib Dimisit ib Locavit ib Acceptance of rent by the successor of a Parson 154 Parson shal not have a writ of right ib A man leases for twenty years and after leases for fourty years ib Lease of a Bishop ib Dean 155 Parson ib Prebend ib Confirmation ib Habend after such a lease ended where there is no such lease ib Lease of a Prebend Equity ib Lease for yeers before livery sued 156 Relation of office ib Where the wife shall lose her Dower ib Lease till a hundred pound be paid ib Diversity ib Lease by a Bishop not sacred and by a Bishop deprived diversity ib Confirmation 157 Lease till he hath levyed 20. pound ib Where the one Feast is put before another in a Lease ib Ley gager Law wager ibid Law in detinue of an Indent of Lease ib Law lies not in a Qâ—o minus ib Licences ibid Contra formam collationis 158 Lieu place ibid Scire facias upon a recognisance ib Limitations ib Copyhold 159 Livery ib Where ward because of ward shal not sue livery but ouster l' maine Seiginory revived by suing livery ib Where livery shal be of Dutchy land where not 160 General Livery and special diversity ib Mannor purchased by the King shall be in him as in the grantor ib Livery Primer seisin ib Garde 161 Ouster l'main ib Where a man shall hold of the King as of his person and yet not in Capite Et ècontra ib Extent of Livery and of intrusion diversity ib Attainder of Cestui que use by Parliament and of attainder of a sole Tenant by the Common-law diversity ibid Exposition of a Stat. 162 Livery by the heir during a leas or devise for years ib Where a man shall sue Livery where not ib What is Livery what Ouster l' main 163 Livery of Soccage land ib Tenure of the King in Knights Service and in Capite diversity ib Soccage in capite and Knights service in capite diversity 164 What Livery is ib What Primer seisin ib Livery in Wales and County Palatine ib Primer seisin of cestui que use 165 Will not performed ib MAINPRIZE SVrety upon arrest in London ib Priviledge ib Procedendo ib Revivings ib Where surety upon a Bil in Banco regis is discharged where not ib Repleader ib Power of the Justices of the Gaol delivery 166 Maintenance ib Maintenance by him in remainder or reversion ib Sale where he hath not been seised by a year ib Statute expounded Mannor 167 Making of a Mannor ib Court Baron ib Suitors ib Misnosmer misnamer 168 Statute avoided by misnamer ib Monstrans de faits Shewing of Deeds ib Shewing of Deeds and Records ib Mortdauneester ib â—eoffment to two and the heir of the one ib Mortdauncester ib Discent of reversion Dower ib Forfeiture Feoffment Right ib Mortmain ib When a remainder is granted in Mortmain and when a reversion diversity ib Claim ib Remainder waived Vse ib Appropriation without licence is Mortmain ib Lease for 300 or 400 years is Mortmain ib Otherwise of a covenant for so many years ib 99 or 100 is not Mortmain years ib Mortmain ib Deseisin and discent takes not away the entry of the Lord for Mortmain ib NONABILITIE ib Obligation for usury ib Conclusion ib Non suit King nonsuite ib Nonsuit upon demur ib Nontenure a good plea in an attaint for a stranger contra for a privy ib Where non Tenure shall be a good plea in attaint where not ib Entry in attaint after the last continuance ib Nonse name 214 Where a
woman shall lose her name of dignity by marriage ib Notice ib Notice of resignation shall be given by the Ordinary ib Office de Vant. 215 Where the King shall not seise without Office ib Tenant for life the reversion to the King dies ib Full age shal be expressed when 216 Office ought to be certain ib Office findes dying seised but tenuram ignorant ib Where an Office intitles the K. to the Seigniory and Tenancie ib Servitia ignorant ib Melius inquirend ib Foundation not observed 217 Land which is a chattel shall be by office ib Where the King shall seise without office where econtra ib Fees granted to him who after is made Justice ib Steward and after made Justice ib The same man made Bailey and Steward ib Justice of the Forrest and keeper of the Forrest ib Parson created a Bishop 〈◊〉 Forfeiture of office iâ— Steward of a Forrest and Justice ib Authority of the Justice of Forrest 219 Sheriff and Escheater ib Obligation ib A man bound to B. ad usum â— who releases and good ib Oyer of Records c. See Tit. ib Monstrans de Faits ib Oyer and Terminer ib Commission of Oyer and Terminer ib Kings Bench alwaies Justices of Oyer Terminer 220 PAIN Pain for striking a man in the presence of the King ib Panel 221 Part of Aliens and part of Denizens ib Tales Error ib Parliament ib The King shall hold of no man ib What words in acts will revive Seigniories extinct before what not 222 Office for the King ib Remitter shall not be where land is assured by parliament in case of a common person nor in case of the King 223 Lease or charge by Tenant in tail ib Of relation of an act of parliament diversity 218 Pleading of a stat 224 Amendment of the count of the King in another term Contrary of a common person ib Elect new Burgesses ib Parnour taker of the profits ib Recovery against parnour of the profits who is in ward of thâ— King 225 Travers by Feoffees in use ib Pernour ib Patents ib Licence of the K. not pâ—rsued ib K. grants by general words ib Tail extinct by surrender of the Letters Patents â—26 Formedon without shewing the Patent ib Assurance ib Constat Surrender 217 Patentee leases or gives after surrenders his Patent ib Constat Quaere 228 Bailywick or Sheriffwick granted absque compot ib Tol. Fair. Market ib Assise of fresh-force ib Borough English c. ib Diversity betwixt false suggestion and false consideration Quoere 229 Of what Lease recital shall be in the Kings patent of what not ib Recital in a Patent 230 King shall take notice ib Constat inspeximus diversity ib Peace ib Breach of the peace ib Peremptory 231 The first Nihil in a Scire Facias per emptory ib Petition ib Where a man shal have Petition where Travers ib Petition and Travers 233 Pledgee ib Gage delivered for debt ib Distress it as a Gage ib Pleadings ib Averment of his Title ib Recovery by default and action tryed diversiry ib Non tenure no plea in wast Entry to avoid a warranty Seisin during the coverture in Dower ib Averre the like of tenant for life or in Taile ib Where a man shall shew the commencem ent of a use where not 234 Fee Simple Fee Taile ib Plenartie ib Where Plenarty is no plea ib Mortmain Parson inpersonee ib Premunire 235 Where a Prohibition lies and where Premunire ib Premunire lies for a thing which never appertained to the spiritual Court ib Preregative ib Priority and Posteriority ib Land in use 236 Where the King may waive issue where not ib Gift of goods by the King ib Precipe quod redd for the King Escheat 237 Information ib Myne Quere Prescription 238 Custome shal serve where a prescription will not serve ib Presentation ib Two grants de prox presentatione ib Grant de prox presentatione ib The King shall present to anothers benefit by his prerogative for that the ineumbent is made a Bishop 239 Priviledge ib Priviledg shal dismiss the Plaintiff Bill of Middlesex ib Procedendo 240 Where Sureties in London shal remain after the action removed and econtra ib Proclamation ib Pena for making Proclamation without authority Prohibition 241 Surmise to obtain a prohition ib Admiralty ib Property 242 Alien inhabiting before and coming after war proclaimed diversity ib Quare Impedit 243 Presentment of the one Joynt-tenant puts the other out of possession ib Quareâ— Impedit against the presentee of the King sole ib Executors shall not have a writ by Journies by the death of the Testator Diversity 244 Writ and count special ib Writ to the Bishop ib Que estate Whose estate c. 245 Que estate pleaded by the recoveror or disseisor ib Que estate to a mean ib Que tstate of a particular Estate ibid Quinzisme 246 Burrough and Upland ib Tenth and fifteen who payes them and whereof levied ib Quo minus 247 Wager of Law lies not in a Quo minus ib Rationabili paerte c. ib Rationabilisi parte is by the Common law ib Recognisance ib Cognisee purchases and cognisor repurchases ib Recognisance to be recorded by Justices out of term Place ib The King cannot take a Recognisance ib Who may take a Recognisance ib Constable ib Record 249 Exemplification sub quo sigillo ib Court baron Court of Record diversity Where the Record it self shal be removed by writ of error Mittimus Recovery in value 250 This assurance was made by the adviceâ— of Brudnel and others Justices ib Recovery in value to binde the tail ib Recovery to binde him reversion by aid prayer and voucher ib Ancient demesne ib Quere ib Warranty ib Recovery in value shal not go to him in reversion 251 Assurance for to binde the tail Vouch 252 Recovery to binde him in remainder ib Diversity where the remainder onely is warranted and where the estate for life 253 Formedon ib Recovery to binde him in rem c. ibid Joynder in aid ib Relation 254 Relation of forfeiture by act of Parliament ib Relation of forfeiture of felony by verdict and by outlawry diversity ib Releases 255 Release no continuance ib Release of all demands barrs entry and seisure ib Relief see Tit. Debt 256 Remainder see Tit. Discent Remitter The Statute of uses 27. H. 8. doth not make remitter ib Diversity ib Title of entry doth not make â—remitter contary of a right of entry ib quere 257 Repleder Jury discharged by Jeofail ib Rescous see Tit Distress Reservations 258 Soil excepted by excepting of the wood ib Restitution Restitution by Parliament ib Restore al primer action Restored to the first action Remitter to the first action è contra ib Where an action shall be restored after a feoffment where not ib Retorn de avers Return of beasts 259 Discontinuance or nonsuit in second deliverance ib Revivings see Tit. Extinguishment Rit Rout unlawfull assembly
name of the thing demanded B. Averments 42. as if a Precipe quod redd be brought of the Mannor of B. or the like the Tenant pleads a Fine Recovery or the like of the Mannor of G. he ought to aver that the one and the other are one and the same Mannor not divers contrary if he pleads a Fine or recovery de predict Manerio de B. for this word predict is in effect an averment that all is one B. Pleadings 143. And where a man pleads a Recovery by a strange name of the parties he ought to aver that the first person and this person are all one and not divers Otherwise B. seems where he pleads it by this word predict 33. H. 8. B. Averments 24. T was said for Law That an averment is not necessary in an avowry viz. hoc parat est verificare for t is in lieu of a Declaration and the avowant is actor 3 M. 1. B. averment 81. Avowry Lord and Tenant by Fealty 3 pence Rent the Lord dies his wife is endowed of the Seigniory she may distrain for 1 peny the Heir for 2 pence so now the Land is charged with two distresses where it was charged but with one before but this is not inconvenient for he shall pay no more Rent then before The same Law where the Lordship is divided by partition between Heirs Females and the like 24. H. 8. B. Distresse 59. Avowry 139. If two Copartners make partition and give notice to the Lord he ought to make several avowries And if a man sell his land by Deed indented inrolled within the half year according to the Statute the avowry is not changed c. without notice no more then upon a Fine Yet B. doubts of of a Conusans de Droit com Ceo. c. but if a man recover against the Tenant or if the Tenant is deseised the disseisor dies seised and his heir is in by discent so that the entry of the disseisee is taken away the avowry shall be changed without notice The same law if the Tenant make a Feoffment and dies the Lord shall change his avowry without notice for nothing is discended to the heir of the Feoffor And where notice â—s necessary it shall be done upon the Land holden with tender of the arrearages for otherwise the Lord shall lose his arrearages if he avows or accepts service of the Feoffee c. before the arrearages paid Ideo caveatur inde 29. H. 8. B. avowry 111. 146. In a Replevin if the Defendant avows because that A. was Lord and was seised by the hands of B. then Tenant c. of such servises he may convey the estate of the said B. in the Tenancy to the Plaintiff in the Replevin by a que estate without shewing how but he cannot convey to himself of the said A. in the Seigniory by a que estate without shewing how for the Seigniory is there in demand and not the Tenancy 34 H. 8. B. avowry 7. que estate 2. the end Note That he which avows upon the Land as within his Fee or Seigniory by the Statute shall aleadge a seisen as in other avowry and then shall conclude his avowry upon the land as within his Fee and Seigniory and in such avowry every Plaintiff in the Replevin be he Termor or other may have every answer to the avowry as to traverse the Seisen the Tenure and the like which are a good answer in an avowry or plead a release or the like as Tenant of the Free hold shall though he be a stranger to the avowry for such avowry is not made upon any person certain therefore every one is a stranger to this avowry and so the Plaintiff may have every answer which is sufficient 34. H. 8. B. Avowry 113. 'T was agreed that to say That the place where c. is 4. acres which is and was the time of the caption his Freehold for which he distrained and took the beasts for dammage Feasent was a good avowrie 4. E. 6. B. avowrie 122. 'T was holden by the Justices of both Benches That where a man holds by Rent and Knights service and the Lord and his ancestors have been alwaies seised of the Rent but not of the homage escuage nor of ward yet if a ward falls he shall have the Wardship of the heir for the seisen of the rent suffices to be seised of the Tenure as to this purpose yet otherwise B. seems to make avowry 7. E. 6. B. avowrie 96. the end Ward 69. Note That 't was agreed that at this day by the limitation of 32. H. 8. the avowry shall be made generally as was used before and if there were not seisin after this limitation then the Plaintiff in bar of the avowry may alleage it and traverse the seisin after the limitation B. avowry 107. Also where a man brings an action real or mixt or makes avowry or Conusance and issue is taken upon the seisin infra tempus Statuti and t is found against the Demandant Plaintiff or Avowant this is peremptory by the same Statute 1. M. 1. B. Peremptory 78. Averment is not necessary in an Avowry See Tit. Averment Barre WHere a Fine with Proclamation or a Recovery shall bar an estate tail where not and where the Reversion is in the King with other good matter concerning Fines See Tit. assurances Bastardie Note That t was taken by the Commons house of Parliament if a man marry his Cosin within the degrees of Marriage who have issue and are divorced in their lives by this the espousals are avoided and the issue is a Bastard Otherwise if the one die before divorce there divorce had after shal not make the issue a bastard for the espousals are determined by death before and not by the divorce And a dead person cannot bring in his proofs for divorce after the death of the parties is but ex officio to inquire de peccatis for a dead person cannot be cited nor summoned to it 24 H. 8. B. bastardie 44. D'arraignement 11. Battel T is said that if an appeal of Murther be brought in the Kings Bench the Defendant joyns battel it shall be before the Justices of the Kings Bench and not before the Constable and Marshal 5. M. 1. B. battail the end 16. Bill 'T was said That a Premunire shall be maintainable by Bil in the Kings Bench though that the party be not in custodia marescalli B. Bill 1. And 't was common that many Clerks were compelled to answer to bills there who were not in Custodia marescalli 22. H. 8. B. Premunire 1. Cerciorari T Was agreed in Chancery That there is no Certiorari in the Register to remove a Record out of a Court into the Common Bench immediatly but it shall be certified in the Chancery by Surmise then to be sent into the Common Bench by Mittimus And indictments may be removed out
and cannot finde the other by the day this shall not binde the others to whom t was not delivered And the reason B. seems because that in this case they might have made 3 parties and have delivered to every party one 37. H. 8. B. conditions 46. the end T is said by the Court in the Kings Bench in Debt upon an obligation to keep without dammage S. harmless where the Defend pleads that he hath saved him harmless t is no plea without shewing how for he which pleads a discharge or saving harmless ought to plead it certain when he pleads in the affirmative Otherwise where he pleads in the negative for if the Plaintiff be not dempnified he may plead quod non damnificatus est generally 37. H. 8. B. conditions 16. 198. in finibus If a man be bound in an Obligation to pay 10 l. to the obligee at Paris beyond Sea at a certain day if the Obligor pay at another place and the same day in England and the other accepts it t is good clearly B. conditions 206. And t is said in debt upon an obligation to acquit save without damage quod non damnificatus est is a good plea for t is in the negative and therefore good without shewing how but where he pleads that he hath kept him without dammage in the affirmative he shall shew how 38. H. 8. B. Conditions 93. the end If a man let land for term of life upon condition that if he doth not go to Rome by such a day that his estate shall be void and the lessor grants the reversion over the Tenant attorns and after he doth not go yet t is not void till entire by Bromley chief Justice 2. M. 1. B. Conditions 245. the end Confess and avoid Replevin the defendant said that B. was seised in fee and leased to E. for 40 years which E. granted his interest to the defendant 38. H. 8. by which he was possessed and distrained for damage feasant the plaintiff said that the same E. 28. H. 8. granted his interest to him he shall not traverse the Grant 38. for hee hath confessed and avoided it by the eldest grant obtained 2. E. 6. B. Confess and avoid 65. Confirmation Bishop charges or grants an office with the assent of the Deane and Chapter and dyes this is worth nothing by some for it ought to be confirmed by the Dean and Chapter And this fell out in the grant of the Stewardship of the Bishop of London betwixt Aldred Fitzjames and John Edmunds of the middle Temple where the Bishop granted the Stewardship of his lands to A. F. by the assent of the Dean and Chapter and died by which the grantee lost the office as t is said because the Dean and Chapter had not confirmed it yet more was in the grant of the Bishop as Misnosmer and the like for the said A. F. was named Etheldredus where it should be Aldredus and so he was misnamed Also there was a default in the Seale B. Charge 58. Confirmation 30 And also the Deed was Quod sigillum nostrum apposuimus which may bee referred to the Bishop onely and not to the Bishop Dean and Chapter And therefore by more to this day the grant was avoided for these causes and not for the other cause and so a grant with assent of the Dean and Chapter with all perfections is good 33. H. 8. B. Confirmation 30. the end If the bishop be patron and the parson makes a lease or grant by deed there the Bishop patron and the ordinary and the dean and chapter ought to confirm if the grant or lease shall be sure otherwise where a lay man is patron in fee and he and the ordinary confirmes this suffices without the dean and chapter for in the first case the Bishop patron hath an interest in inheritance to the Bishoprick But in the other case he hath but a judicial power therefore it suffices that he who hath the power at the time c. confirmes for t is a judicial act But in the other case it bindes the inheritance which he hath in jure Ecclesiae which he cannot do against his successor without confirmation by the dean and chapter 33. H. 8. B. Confirmation 21 Charge 40. Leases 64. Patet hic that the patron ought to have a fee simple and this juri proprio because of the dean and chapter to be joyned with the Bishop where he is patron B. Charge 40. Note that if the King for him and his heires grants Catalla felonum fugitivorum or the like which lie in grant and dies the grantee needs no confirmation of the new King But if it be a fair or market or the like and t is abused or misused as it may be or if it be a judicial or ministerial office or power as to be a Justice of peace Escheator or the like there he ought to have a confirmation of the new King B. Confirmation 19. 29. yet B. seems that the grant of a thing which lies in grant is good clearly without these words for him and his heires But of warranty covenant Annuity or the like there he ought to make it for him and his heirs 33. H. 8. B. Confirmation 19. Conscience If a man buyès land and the vendor executes an estate to the vendee Habendum sibi imperpetuum without words of heires where the intent of the bargain is to pass a fee simple and the vender upon request refuses to make other assurance there lies a writ of Subpaena 32. H. 8. B. Conscience 25. Audely Chancellor of England held clearly that if a man sell his land before the Statute of Uses this shall change the use of the fee simple And the same Law of a sale by Indenture by the Statute of 27. H. 8. without words heires Time H. 8. B. Conscience 25. the end Continuances Note that in the common recoveries by sufferance for assurances the Tenant tenders issue the demandant may imparle to a day in the same terme and then the Tenant is demandant and retracts and judgement is given for the demand against him and after the Tenant over in value upon the vouchee c. Regulae 22. H. 7. B. Continuances 69. Contract A man sells a lease of land and certain cloath for 10 l. the contract is intire and if the one of these were by defeasible Title yet the vendor shall have the intire summe though the one part were devested from the vendee for contract cannot be severed 24. H. 8. B. Contract 35. If a man be indebted to me upon contract and after makes to me an obligation for the same debt the contract by this is determined for in debt upon the contract t is a good plea that he hath an obligation for the same debt So if the obligation be made for parcell of the contract which is intire 3. H. 4. 17. But if a stranger makes an obligation to
there were but one in the Deed then it shall be referred to the one only But in a Devise 't was said by some that the words afore are a Fee-simple Contrary in a Gift and Feoffment for the one shall bee taken by intendment the other not 31 H 8. B Estates 4. A man gives land to a Husband and Wife for terme of their Lives diutius eorum vivent the remainer to the Heirs of their bodies this is a taile executed by reason of the immediate remainer notwithstanding the words of the Statute quod voluntas Donatoris in omnibus observetur by all the Justices 35 H 8. B Estates 78. By opinion in the kings Bench If a man deviseth his Land to W N solvend ten pound to his Executors and dies the Devisee hath a Fee-simple by reason of the payment without words Heredibus or in perpetuum and this shall be intended the intent of the Devisor The same Law if a man sell his Land to W N for twenty pound this shall be intended a sale in Fee-simple without words Heirs for Conscience c. est equum bonum which is a ground in every Law 4 Ed 6. B. Estates 78. Estoppell If a man hath Liberties Rent Common or the like by prescription and after takes a grant thereof of the King by Patent or of another by Deede this determines his prescription by conclusion B Prescription 102. Estoppell 210. for Writing shall determine Contracts and matter in Fait 33 H 8. B Prescrip 102. 'T was agreed that a stranger to a Fine or Recovery shall not pleade it for Estoppell contra If hee claim the same Land under the Fine or Record by those which were parties or claims the same Estate or part of it and that this estate continues for then he is privy in the Per 36 H 8. B Estoppell 216. the end If two joyn-Tenants are which hold of the King in chiefe and the one releases to the other in Fee and after both respit Homage in the Exchequor by this he which released hath gained the moity by conclusion as it shall be where two joyne in suite of livery out of the hands of the King where the one hath nothing by the opinion of some And the same of Partition by two where the one hath nothing 37 H 8. B Estoppell 218 Note that a man which Leases by Deede poll for yeeres or by Parol may avoid this Lease to say That hee had nothing in the Land tempore dimissionis Contrary Upon a Lease by Indenture for this is an Estoppell 38 H 8. B. Estoppell 8. If a man Indicted of Extortion or Trespasse puts himself upon the grace of the King and makes a Fine and after the party sues him for it by Bill or Writ and he pleades Not Guilty hee shall have the Plea and the making the Fine to the King shall not estop him for there the Entry is quod petit se admitti per Finem and doth not confesse it precisely and therefore no Estoppell Yet B seemes to make the Fine by protestation that hee is not guilty and then 't is all cleere Time H 8. Estoppell 82. A man pleads a Pardon of the King in the Exchequer for alienation without License where the Land is not holden of the King in capite This is an Estoppell to him to say after that He doth not hold in capite 7 Ed 6. B Estoppell 222. By Hales and Montague If a man Leases to N his own Land by Deed intended the Indenture is no Estoppell but during the Lease and not after Casus B Estoppell 221. Estranger A is bound to B in a 100. l. and B makes a Defesance to W S That if W S payes 40. l. that the Obligation shall be void This is worth nothing per opinionem because that A that should plead it is a Stranger to the Deed But where two are bound to me and I make a Defesance to one this shall serve the other to plead if he can shew it as in Trespas against two a release to one shall serve the other if he can shew it 34 H 8. B Estranger al fait 21. Estray If a man takes Beasts as an Estray and keeps them three quarters of a yeer and after they stray from him and another happens on them the first Lord which kept them for three quarters cannot take them again because that he had no property in them till hee had kept them a yeer and a day and Proclamation passed in the two next Market Towns and two Market dayes the one in the one Town and the other in the other for the possession of the second Seizor is good against him who hath no property 33 H 8. B Estray 11. Executions Note by Fitz and the Court If a man recover in a Writ of Annuity he shall have a Fierifacias of the Arrearages incurred within the yeer and a Scire fac after as soon as the Annuity is Arrear and never a Writ of Annuity again for 't is executory and the same Law of an Action and Judgement upon composition which is executory de tempore in tempus and the like And in every Scire fac in which he recovers after the first Judgement he shall have execution of the Arrearages within the yeer by Fiere fac for every one is founded upon the Judgement 23 H 8. B Executions 119. Scirefac 213. By the whole Court in the Common-Bench If two are bound in an Obligation conjunctim divisim the Obligee impleads the one and hath execution of his body and after impleads the other and condemns him hee may have execution against him also for the taking of the body is a good execution but 't is no satisfaction and therefore hee may take the other also But if the one satisfie the Plaintiff hee shall not have execution after and therefore this Order That the Plaintiff upon an Obligation shall have but one execution is intended such execution which is a satisfaction and where both are impleaded by one originall by severall Precipes c. 29 H 8. B Execution 132. Scire fac upon recovery of Debt and Damages the Defendant said that once the Plaintiff sued a Capias ad satisfaciend by which the Sheriff had took his body Judgement c. And there 't is said That a Capias ad satisfaciend is not of Record before the retorn of it therefore no Plea Yet B seems the Plea good by the taking of the Body though no Writ bee returned 37 H 8. B Executions 6. Executors 'T was noted by Fitz and others That in an Action of Debt against an Executor 34 H 6. upon an Obligation of his Testators who pleaded not his Deed and found against him the Judgement by the Record was That the Plaintiff should recover of the dead if hee hath any and for that the book at large fol. 24. is reported further in these
words and if he have not then de bonis proprijs which words are not in the Record 'T was coÌ„manded by them to mend the Book for 't is contrary to the Record and so mis-reported 23 H 8. B Executors 22. A man makes two Executors and dyes the one Executor makes an Executor and the other survives and dyes intestate the Executor of the Executor shall not meddle for the power of his Testator was determined by his death and by the survivor of the other so that now the Ordinary shall commit the Administration of the goods of the Executor which survived de bonis non Administratis of the first Testator 32 H 8. B Executors 149. A man makes A and B his Executors and wills that B shall not meddle during the life of A and good for he doth not restrain his intire power for he may make one Executor of his goods in C and another Executor of his goods in D and so he may divide the time ut supra 32 H 8. B Executors 155. A man hath a Lease for yeers as Executor B and after purchases the reversion of the Land in fee the Lease is extinct But yet the Lease shall be against the Executor assets by Whorewood and Hales Justices B Extinguishment 54. Leases 63. Surrender 52. And if it shall bee extinct B seems to be a devastavit ad ultim 4 E 6. B Extinguishment 57. the end Exposition The severall exposition of infra terminum 10. annorum infra terminum predict See Tit Conditions Extinguishment If the Abbot and Covent give all their Lands and Possessions to another in fee yet the corporation remains by Fitz Justice 20 H 8. B Extinguishment 35. Lord and Tenant the Tenant is attainted of Treason by Act of Parliament and to forfeit all his Lands and after he is pardoned and restored by another Parliament habend sibi heredibus as if no such attainder nor former Act had been Or if the Heir of him who was attainted be restored by Parliament in such form now the Seigniory which was extinguished is revived and he shall hold of the common person as before and yet once the tenure was extinct by the forfeiture of the Land to the King 31 H 8. B Extinguishment 47. Revivings 8. Tenures 70. Lord and Tenant The Tenant holds by third three Acres of Land the Tenant infeoffs the Lord in fee of one Acre the Seigniory is extinct for the third part and remains for the other two parts but if the Tenant had let to the Lord one Acre for yeers there the Seigniory is suspended in the whole during the term for the Seigniory may be extinct in part but not suspended in part but for the intire 32 H 8. B Extinguishment 48. Where a Condition shall not be apportioned but extinct See Tit Conditions A man hath a Lease for yeers as Executor B. and after purchases the reversion of the Land in fee the Lease is extinct but yet the Lease shall be against the Executor assets by Whorwood and Hales Justices B Extinguishment 54. Leases 63. Surrender 52. And if it shall be extinct B seems to be a devastavit ad ultimum Extinguishment 57 the end But where he hath it as Executor there is a mean Lease in reversion for years and hee purchases the reversion in fee the first Lease remains by reason of the mean remainder B Leases 63. And by Hales If a man Leases to another for ten years and after Leases the same Land to another for twenty years the first Lessâ—e purchases the reversion in fee yet the first Lease is not extinct because that the second Lease which is for twenty years is mean betwixt the first Lease and the Fee-simple which is an impediment of the extinguishment 4 E 6. Extinguishment 57. Where an Action by Entry and Feoffment shall be extinguished See Tit Restor al primer action Faits Deeds NOTE If an Action be sued upon a Deed bearing date at Cane in Normandy 5 Dat apud Cane c. That the Plaintiffe shall count that the Deed was made at Cane in Com Kanc and good for the place is not traversable B Faits 95. the end And also where it truth it was written in Cane 't is suable in England where it beares date at large and at no place certaine But if it bee dat apud Cane in Normandy c. quaere If the Action lyes c. Time H 8. Note That 't was agreed by the Justices that this clause which comes after these words In cujus rei c. Sigillum apposui c. is not any part of the Deede though 't were written before the sealing and delivery 1 M 1. B Faits 72. Faits inroll Deeds inrolled Note that a Deed of Husband and Wife shall not be inrolled in the common Bench except for the Husband only and not for the Wife by reason of coverture Nor she shall not be bound with her Husband in a Statute-Marchant nor the like But if they make a Deed inrolled of Land in London and acknowledge it before the Recorder and an Alderman and the Wife examined this shall binde as a Fine at common-Law by their custome and not only as a Deede and it suffiseth without Livery of Seisin 29 H 8. B Faits inroll 14. 15. A man infeoffs the King by Deede and makes Livery this is worth nothing for the King shall not take but by matter of record But if he inroll the Deed then 't is good to the King without Livery for the King takes not by Livery 29 H 8. B. Faits inroll 16. Feoffments 69. Note by the Justices That where two joyn-Tenants are the one aliens all his Lands and Tenements in D after the Statute of Inrollments and before the Inrollment the other joyn-Tenant dies so that his moitie survives to the Vendor and after the Vendor within the halfe yeere inrolls the Deede yet nothing passes but the Moitie for the Inrollment hath relation to the making and delivery of the Deede so that it shall give nothing but that which was sold by it at the time of delivery of the Deede And by more Justices Where a man sells his Land by Deede Indented to one and after hee sells it by another Indenture to another and the last Deede is first Inrolled and after the first Deed is Inrolled within the halfe yeere there the first Vendee shall have the Land for it hath relation to make it the Deed of the Vendor and to passe the Land ab deliberatione facti for the Statute is That a Free-hold nor use of it shall not passe nor change from one to another by bargain and sale only except it bee by Deed Indented and Inrolled within the halfe yeere Ergo if it bee by Deede Indented and Inrolled within the halfe yeere it shall passe as the use might passe at common Law by sale of the Land which was presently
upon the sale 6 E 6. B Faits Inroll 9. Fauxifier Falsefying Where he in reversion shall falsifie a recovery had against Tenant for term of life where not See Tit. Entre Congeable Where the Feoffees may falsifie a recovery suffered by Cesty que use in tayl where not See Tit Entre Congeable 'T was holden that an attaint shall goe with the Land as a Writ of Error shall Time H 8. B Fauxifier 50. the end Faux Imprisonment false Imprisonment 'T is said That a man as Constable cannot Arrest another for an Affray after that the affray is past without Warrant contrary before the Affray and in the time of the Affray c. And the same Law of a Justice of Peace 38 H 8. B Faux Imprisonment 6. the end Faux Judgement False Judgement Note by Fitz for cleer Law That in a Writ of falfe Judgement in nullo est erratum is no Plea for they joyn issue upon some matter in fait certain alledged by the party and shall bee tryed by the Country for 't is no Record contra in Error 23 H 8. B Faux Judgement 17. Fealtie Note in the Chequer That if Land descend to me which is holden of I S by homage and I doe to him homage and after other Land descends to me by another Ancestor holden of him by homage I shall doe fealty but not homage again for I became to him his man before And if both the Tenements are holden of the King by homage he shall not respit both the homages in the Exchequer but one homage only 24 H 8. B Fealty 8. Note in the Exchequer That a Dean and Chapter and other bodies politique shall not doe homage for this shall be done in person And a Corporation cannot appear in person but by Attorney and homage cannot be done by Attorney but only in person 33 H 8. B Fealty 15. Feoffments A man makes a Feoffment of a house cum pertinentiis nothing passes by these words cum pertin but the Garden the Curtilage and Close adjoyning to the house and upon which the house is built and no other Land though other Land hath been occupied with the house 23 H 8. B Feoffments 53. Note by Fitz james ch Justice Englefield Just and divers others where a Disseizor makes a Feoffment for maintenance and takes the profits the Feoffment is void by the Stat of 1 R 2. ca 9. as to a Stranger which shall have an Action for he shall have it against the pernour of the profits but 't is not betwixt the Feoffor and the Feoffee And also a man who vouches by such Feoffment one of the Feoffees the Demandant shall counter-plead by the same Stat because the Feoffment was void And B seems that such Feoffment shall not be a remitter in prejudice of a third person 24 H 8. B Feoffments 19. If a man makes a Feoffment to four and the one of the four makes a letter of Attorney to I N for to take livery for him and his companions who doth it accordingly nothing passes but to him who made the Letter of Attorney only 27 H 8. B Feoffments 67. 'T was said for Law That if a man Leases Land for ten years and the same Lessee lets it over to another for four years the Lessor makes a Feoffment to a Stranger by sufferance of the second Lessee this is a good Feoffment without Attornment of the first Lessee 28 H 8. B Feoffments 68. 'T is said That a Feoffment of a moity is good 31 H 8. B Feoffments to uses 19. If a man makes a feofmēt of a house ac omnia terras tenemeta et hereditamēta eidem messuag pertinen aut cum eodem occupat locat aut dimiss existen by this the Land used with the house shall passe 32 H 8. B Feoffments 53. the end A man makes a Deed of Feoffment to another and delivers the Deed to him in the Land or upon the Land this is a good Feoffment by all the Justices in the Common-Bench 35 H 8. B Feoffments 74. If a man bee seized of one acre of Land in Fee and another is seized to his use in Fee of another acre and hee makes a Feoffment of both acres and Livery of the acre which he hath in possession by this the acre in use passes not though he made the Livery in the one in the name of both for this is not his acre but the acre of the Feoffees and the Stat saies that his feofment shall be good but 't is no Feoffment except hee makes Livery in the same Land Otherwise if Livery were made in the Land in use by reason of the Stat 37 H 8. B Feoffments 77. Feoffments to uses 55. If a Feoffment be made within the vJew when this is pleaded 't is said that expresse mention shall be made in the pleading that the Land was within the vJew Time H 8. B Feoffments 57. the end Feoffment is good of the Land by Deede by Livery of the Deed within the vJew so that the Feoffee enters accordingly But if the Feoffor dies before the Feoffee enters then the Land is discended to the Heir of the Feoffor and the Feoffment shall not take effect Time H 8. B Feoffments 72. 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 all but if hee Infeoffs twenty without Deed and delivers Seisin to one in the name of all this is no feofment to any but to him who takes the Livery Time H 8. B Feoffments 72. Note that by the Stat of 1 R 2. where a Disseizor makes a Feoffment for maintenance and takes the profits the Feoffment is void by the Stat to all intents Lecture Whorwood 35 H 8. B. Feoffments 19. Feoffments to uses By Shelly Just Where the Father Infeoffs his Son and Heir apparent to the intent to defraud the Lord of his Ward this Feoffment was to the use of the Father during his life and hee takes the profits during his life and so see that uses were in antient times 24 H 8. B Feoffments to uses 20. the end A man makes a Feoffment in Fee to four to his use and the Feoffees make a gift in tayle without consideration to a stranger who had not conusance of the first use habend in tayle to the use of cestuy que use and his Heirs the tenant in tayle shall not be Seised to the first use but to his own use for the Stat of Westm 2 cap 1. wills quod Voluntas Donatoris in omnibus observetur that a man ought to refer his Will to the Lawe and not the Lawe to his Will Also none can bee Seised to the use of another but hee which may execute an Estate to cestuy que use which shall bee perfect in Law which tenant in tayle cannot doe for if hee executes an Estate his Issue shall have
a Formedon And the best opinion that an Abbot Mayor and Commonalty nor other Corporations shall not bee seised to a use for their capacitie is only to take to their own use And also if the Abbot execute an estate the successor shall have a writ of Entry sine assensu capituli and those that are in the â—ost as by Escheate Mortmain Perâ—uisite of Villeine Recovery Dower by the courtesie and the like are seised to their own use and to another use And also the Stat of 1 R 3. is That all Gifts Feoffments Grants of cestuy que use shall be good against all c. saving to all persons their rights and interests in tayl as if this Stat had not been made and therefore Tenant in tayl shall not bee seized to a use And 't was agreed by the Court That the words in the end of the Stat of 1 R 3. saving such right and interest to the Tenant in tayl c. is taken Tenant in tayl in possession and not Tenant in tayl in use for cestuy que use in tayl hath no right nor interest And also here there is a Tenure betwixt the Donors and the Donees which is a consideration that the Tenant in tayl shall be seized to his own use And the same Law of Tenant for term of yeers and Tenant for life their fealty is due and where a rent is reserved there though a use be expressed to the use of the Donor or Lessor yet this is a consideration that the Donee or Lessee shall have it to his own use And the same Law where a man sells his Land for 20. l. by Indenture and executes an Estate to his own use this is a void limitation of the use for the Law by the consideration of money makes the Land to bee in the Vendee Et opinio fuit That a use was at Common-Law before the Stat of Quia emptores terrarum but uses were not common before the same Stat For upon every Feofment before this Stat there was a Tenure betwixt the Feoffors and the Feoffee which was consideration that the Feoffee shall be seized to his own use but after this Stat the Feoffee shall hold de capitali domino and there is no consideration betwixt the Feoffor and the Feoffee without mony paid or other especiall matter declared for which the Feoffee shall be seized to his own use For where the Stat of Marlebr is that a Feofment by the father Tenant in chivalry made to his son by covin shall not toll the Lords Ward c. In these Cases the Feoffor after such Feofment takes the profits of the Land all his life And the same Law by Shelley of a Feofment made by a Woman to a Man to marry her the Woman takes â—he profits after the esponsalls Quaere â—nde for this is an expresse consideration in it self And by Norwich If a man deliver money to I S to buy land for him and he buyes it for himself to his own use this is to the use of the buyer and to the use of him who delivered the mony and there is no other remedy but an action of deceipt 14 H 8. B Feofments to uses 40. Note if a Feofment be made to the use of W N for term of his life after to the use of I S and his Heirs their cestuy que use in remainer or reversion may sell the remain or reversion in the life of W N but hee cannot make a Feoffment till after his â—eath 25 H 8. B Froffments to uses 44. 'T is holden that if the Feoffees seised to the use of an Estate taile or other use are impleaded and suffer the common recovery against them upon bargaine this shall bind the Feoffees and their Heirs and cestuy que use and his Heirs where the buyer and recoveror hath not conusance of the first use And by Fitz it shall binde though they had notice of the use for the Feoffees have the Feesimple Et per plures if cestuy que use in tailâ— be vouched in a recovery and so the recovery passes it shall bind the taitâ— in use s cestuy que use and his Heirs and otherwise not And this B seem to be by the Stat which excepts tenant in taile which is intended tenant iâ— taile in possession and not cestuy que use in taile for cestuy que use in taiâ—â— is not tenant in taile 29 H 8. B Recovery in value 20. Feoffments to uses 56. Feoffees in use make a lease for yeers rendring rent to another who hath notice of the first use yet the Lease shall be only to the use of the Lessee himselfe And the same Law per plures though no rent be reserved And if a man makes a Feofment and annexes a Schedule to the Deed conteyning the use hee cannot change the use after and so if hee expresses the use in the Deed of Feofment but otherwise where hee declares the use by words of his Will s I will that my Feoffees shall bee seized to such a use there he may change this use because by Will c. And that if a Feofment be made to the use of the Feoffor in tail after he execute an estate to him in â—ee the use of the Estate taile is determined 30 H 8. B Feofments to uses 47. If A Covenants with B That when A shall be Enfeoffed by B of three acres of Land in D that then â—he said A and his Heirs and all others seized of the Land of the said in S shall be thereof seised to the use of the said B and his Heirs there if A makes a Feofment of his Land in S and after B Enfeofs A of the said three acres in D there the Feoffees of A shall bee seised to the use of B notwithstanding they had not notice of the use for the Land is and was â—ound with the use aforesaid to whose hands soever it shall come and 't is not like where a Feoffe in use sells the Land to one who had not notice of the first use for in this first Case the use had not being till the Feofment be made of the three acres and then the use doth commence 30 H 8 B Feoffments to uses 50. 'T was doubted if a Recovery had against cestuy que use in taile shall binde the Heir in taile But by Hales Just By such Recovery the entry of the Feoffees seised to the use of the Estate taile is taken away but after the death of cestuy que use who suffered the Recovery the Feoffees may have a writ of right or writ of entry ad terminum qui preteriit in the post or the like And by some there is no use in taile but 't is a fee-simple conditionaâ— at common Law as 't was of the taile before the Stat of W 2. And this Stat makes no mention but of gifts in taile which
makes a Feoffment before the Statute of execution of Uses to the use of himself for term of his life the remainder to W. in Taile the Remainder to the right Heires of the Feoffor the Feoffor dyes and W. dyes without issue the right Heir of the Feoffor within Age he shall be in Ward for the Fee discended for the use of the Fee-simple was never out of the Feoffor And the same Law where a man gives in Taile the Remainder to the right Heires of the Donor the Fee is not out of him Otherwise where a man makes a Feoffment in Fee upon condition to re-infeoffe him and the Feoffee gives to the Feoffor for life the Remainder over in Taile the Remainder to the right Heirs of the Feoffor for there the Fee and the use of it was out of the Feoffor therefore he hath there a remainder and not a reversion 32. H. 8. B. Garde 93. Where a man holds certain land of the King in Soccage in Capite the King shall not have livery of more then the Soccage land The same where he holds of the King in Knights service and not in Capite the King shall not have more in ward but onely that which is holden of him immediately 32. H. 8. B. Garde 97. Note by all the Justices of England that a Lord in Knights service by nonage of the Heir shall not ouste the grantee of Wreck or de proxima presentatione nor the termors which are in by the father of the Heirs B Grants 85. Garde 66. Lease 31. in finibus So of a Lease for term of life 35. H. 8. B. Garde 61 the end A man dyes seised of lands holden in Knights service his brother and Heir within age the Lords seises the ward the wife of the Tenant privily with childe with a son and after the wife is delivered the brother is out of ward But if the Infant dye the brother yet within age there the brother shall be in ward again And the same Law where a daughter is heire and after a son is born the daughter is out of ward And if the son dies without issue the daughter within age she shall be in ward again so see that one and the same person may be twice in ward by two several ancestors But where the Lord seises the son for ward for land to him descended from his Father and grants the marriage of him to another and after other land holden in Knights service holden of the same Lord descends to the same son from his mother there B. seems that the Lord shall not have the ward again because he had him and granted his marriage before and the body is an intire thing 35. H. 8. B. Garde 119. 'T is granted by all the Justices that the King shal not ouste the termor of his tenant because he hath the heir of his tenant in ward by office found for him nor execution upon a Statute Merchant made against his tenant nor a rent charge granted by his tenant nor a grant de prox presentatione of an Advouson Time H. 8. B. Garde 44. If the son and heire of the Kings tenant or of another Lord be made a Knight in the life of his Father and after the Father dies the heir shall be in ward for otherwise the Ancestor may procure his son within age to be made a Knight by collusion to the intent to defraud the Lord of Ward which shal not be suffered And so it fell out of the Lord Anth. Brown of Surrey who was made Knight in the time of his Father who died the son within age and t was holden he should be in ward notwithstanding he was a Knight wherefore he agreed with the King for his marriage Otherwise B. seemes where hee is in ward and is made Knight in ward this shall put him out of ward and by him the Stat. which is Postquam haeres fuerit in custodiam cum ad aetatem pervenerit S. 21 annorum habeat hereditat suam sine relevio sine Fine Ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra sua remaneat in custodia dominorum usque ad terminum supradict is intended where he is made Knight within age being in ward after the death of the Ancestor and not where he is made Knight in the life of the Ancestor 2. E. 6. B. Garde 42. 72. 'T was agreed for Law in the Common Bench that if the Lord hath not been seized of homage within time of memory but hath been seised of rent it suffices to have a Writ of Ward and to count that he died in his homage for there is seisin of something though it bee not of the intire services And for this cause and also for that the seizin is not traversable but the Tenure therefore the action lies without Seisin of the Homage 6. E. 6. B. Garde 122. the end T was holden by the Justices of both benches That where a man holds by Rent and Knights Service and the Lord and his ancestors have been alwaies seised of the Rent but not of the homage escuage nor of Ward yet if a Ward fall he shall have the ward of the heir for the seisin of the Rent suffices to be seised of the Tenure as to this purpose Yet otherwise B. seems to make avowry 7. E. 6. B. Avowry 96. the end Garde 69. Where a use vests in the heir as heir of his Father where the Father was dead before Whether the heir shall be in ward or not Quaere See Tit. Feoffments to uses 3. M. 1. Note that t was declared by the Doctors of the Civil Law That where an heir or other is married infra annos nubiles and after disassents at the age of discretion or after before assent to the Marriage that this suffices and the party may marry to another without divorce or witnessing of it before the Ordinary but the Ordinary may punish it per arbitrium judicis but the second espousals is good as wel by the Law of the Kingdom as by the Law of the Church 5. M. 1. B. Garde 124. Ward and marriage is by the Common Law and the Father shall have the Ward of his son or daughter and heir apparent before the King or other Lord and Soccage Tenure by 20 years and Knight service after B. Garde 120. the end If an estate be made to many and the heirs of one of them and he which hath the Fee dies his heir within age he shall be in Ward by the Statute of Wills notwithstanding the others survive which are Tenants by the Common Law Casus B. Garde 100. Garranties Warranties If the husband wife alien land of which she is dowable there to have collateral warranty t is good to have the Warranty of the Wife against her and her heirs and then if she hath issue by the husband and she and the
â—â—â—nviction without abjuration Otherâ—â—e if he will abjure for then he shall 〈◊〉 be burnt the first time but upon reâ—â—se he shall be burnt 2. M. 1. B. â—eresie Homage See Tit. Fealty Ideot BRent of the County of Sâ—â—merset who was presenâ—â—ed for an Ideot couâ—â— write Letters and Acquiâ—tances and the like anâ— therefore was adjudgeâ— an Unthrift but no Ideot Time E. Ideot 4. the end Imprisonment 'T was determined in Parliament thâ— Imprisonment almost in all cases is but retain the offender till he hath made Fine and therefore if he offers his Fiâ—â— he ought to be delivered presently 〈◊〉 the King cannot retain him in prison afâ—â—â— the Fine tendered 2 M. 1. B. Impâ—â—sonment 100 the end Incident Court-Baron is incident to a Manâ—â— and Court of Pipowders to a Fayr aâ— 't was sed arguendo that therefore Lord of the Mannor or Fayr cannot grâ—â— over the Court-Baron nor the Court Pipowders or if they grant the Mâ—â— â—â—or with the Fayr they cannot reserve â—â—ch Courts for they are incident c. 9 H. 8. B. Incidents 34. 'T was said that if a Seigniory rests in â—omage Fealty and Rent and a man â—â—covers the Rent by this is the Homage â—â—covered for a Precipe lies not of it â—ime H. 8. B. Incidents 24. the â—â—id Indictments An Indictment of Death ought to comâ—rehend the day of the stroke and day of 〈◊〉 death and the same Law of Poyâ—ning so that it may be known if he â—â—ed of the same stroke or not 24 H. 8. â— Indictments 41. By Fitz Just. a Justice of Record may 〈◊〉 indicted of taking of money and other â—â—ch falsity but not of that which goes in â—â—lsifying or defeating of the Record as 〈◊〉 say that he altered the Record from â—respass into Felony and the like which â—â—lsifies the Record Casus B. Indictâ—ent 50. the end Intrusion Tenant in Tayl of Lands holden of 〈◊〉 King aliens without license which found by Office the King shall have 〈◊〉 Issues of the Land à tempore inquisitiâ—â—nis capt and not before B. Alienatâ—ons 26. in medio But where the tâ—â—nant dies and hisâ— heir enters upon Offâ—â—â— found for the King of the dying seised the ancestor there the heir shall answâ—â— the profits taken by him before 26 H. B. Intrusion 18. the end Note where 't is found by Office thâ— I. N. tenant of the King was seized aâ— died seized and that W. his heir intrudeâ— and after by Act of Parliament the Kiâ—â— pardons all Intrusions in this case the eâ—try and the offence is pardoned but not 〈◊〉 issues and profits for the escheat or shâ—â— be charged of this by way of accouâ—â— whether he hath received them or not 〈◊〉 when the office is of Record he ought receive them except where 't is found the Office that such a man took the proâ—â— thereof But where the King pardoâ— where no Office is found the heir is â—â—â—charged as well of the issues and profâ—â— and also of Livery as of Intrusion by râ—â—son of the pardon for by this is pâ—â—doned And there though the Office comes after which findes the intrusion of the heir yet all is gone by the Pardon and this shall serve because all was pardoned before to which the King was intitled of Record 33 H. 8. B. Charters de pardon 71. Intrusion 21. Issues returns 22. Office shall have relation to the death of the ancestor as to Land descended to the heir of the Kings tenant and as to intrusion B. Relation 18. the end Otherwise as to alienation made by the Kings tenant without License this shall not relate before the finding of it B. Relation 18. Intrusion 19. And such entry by purchase is not called Intrusion but a Trespass and so are the words of the pardon thereof quod pardonamus transgression ' praedict c. 33. H. 8. B. Intrusion 19. Joyntenants If a Lease be made to three of Land at Common Law for term of life or for yeers habendum successivè yet this is a â—oynt estate and they shall hold in Joynture and successivè is void But where the custom of Copie-holds is that this word successive shall hold place this is good there by the custom 30 H. 8. B. Joyntenants 53. Leases 54. If a man infâ—offs two upon condition that they shall infeoff W. N. before Michael ' and the one dies the other sole makes the Feoffment this is good The same Law if two lease Land rendring rent and that if it bearrear by two months and lawfully demanded by the said Lessors that they may re-enter the one dies and the other that survives demands it and 't is not paid he may re-enter And the same Law if the Lease were made to two with words that if it be arrear and demanded of them two c. and the one dies and the Lessor demanded it of the other that survived and he doth not pay this is a good demand and the Lessor may re-enter 33 H. 8. B. Joyntenants 62. Journeys accounts Grantee of a next presentation brings a Q. impedit and dies after the six months past and his Executors bring another Q. impedit by Journeys accounts and by the Justices it will not lie See Tit. Q. impedit Judgement A man recovers by default against an â—â—fants and the Infant brings a Writ of â—â—rour and reverses it for his non-age â—therwise if he had appeared and lost 〈◊〉 plea or by voucher he shall not reâ—â—rse it for non-age B. 6 H. 8. Saver de fault 50. If I have Title by Formedon or cui vita and enter and the other recovers â—gainst me I am remitted to my first actiâ—â— But if a man recovers against me by â—â—lse Title by Action tried where I was by good Title I shall then have Error 〈◊〉 Attaint or a Writ of Right 23 H. 8. â— Judgement 111. Assise in Com. B. the tenant pleads in â—â—ar a recovery by Assise by him against 〈◊〉 Plaintiff of the same Tenements in â—om O. and this now Plaintiff then â—â—nant pleaded in Bar by release of the â—ncestor of the Plaintiff with Warranâ—â— which was void by non-age and â—his found for the Plaintiff by which he â—ecovered against this Plaintiff judgement si where he accepts the Land to be in the Country of O. now he shall be received to say that it lies in the County 〈◊〉 B. And 't was said in the Common Benchâ— that though this Land were then put 〈◊〉 vJew the Plaintiff shall not be bound 〈◊〉 the recovery for it cannot be intended one and the same Land 25 H. 8. â— Judgement 62. Assize of Land in N. the Defendanâ—â— said that once before he brought an assizâ— of the same Land in H. against the samâ— Plaintiff and these Lands put in vJew and this now Plaintiff then took the â—â—nancie and pleaded in Bar and said thâ— H. and N. are one and the same Ville an known by the one name and the
other and that A. brought a Formedon of thâ—â— tenements and pleaded certain c. anâ— recovered by Action tried and the estaâ—â— of the Plaintiff mean betwixt the title 〈◊〉 and his recovery judgemeâ—â— si of such an estate assize c. to whâ—â— the other said that every of the said 〈◊〉 and N. were Villes by themselves and 〈◊〉 at issue and 't was found that they weâ—â— several Villes and the seisin and disseisâ—â— by which 't was awarded that this tenaâ—â— then Plaintiff should recover And because that he hath recovered these sainâ— Lands against the Plaintiff himself in H. judgement si assise And Shelly Just. held strongly that this recovery of Land in H. is no plea in an assise of Land in N. and therefore the assise ought to be awarded and so it seems to B. 25 H. 8. B. Judgement 66. If A. infeoffs B. upon condition c. to re-enter there if a man impleads B. who vouches A. and so recovers or if A. re-enters upon B. without cause and â—s impleaded and loses there in the one case and the other the condition is determined for the Land is recovered against him who made the condition 26 H. 8. B. Judgement 136. Note by Bromley chief Just. that a Judgement where there is no original is void as in an assise the Plaintiff appears and after makes a retraxit and after the Justices of Assize record an agreement betwixt them in nature of a Fine this is void and coram non Judice and shall not be executed by reason that no Original was pending but was determined before by the retraxit For without Original they have not Commission to hold Plea and then they are not Judges of this cause 2 M. 1. B. Judgement 114. Issues joyns Issues joyned Trespass upon the case quod def assumpsit deliberat quer 4 pannos laneos and he pleads quod assumpsit liberare 4 pannos lineos without that qd assumpsit modo forma and so at issue And 't is found that he assumed to deliver 2 pannos laneos sed non 4 so see that this issue though that it comes in a traverse doth not amount but to the general issue the Pl. recovered dammages for the 2 and was barred and amercied for the rest But otherwise 't is if the issue be If A. and B. infeoffed the tenant in a Precipe quod reddat necne and 't is found that A. infeoffed him but that A. and B. did not infeoff him this is found against the tenant in toto or against him who pleads such Feoffment which is so found 32. H. 8. B. Issues joyns 80 Verdict 90. Informed in the Excheq against A. B. for buying Wools betwixt shearing time and the Assumption such a year of C. D. contra forma Statuti where 't is not cloth nor he did not make thereof cloth nor yarn He sees that he did not buy of C. D. contra formam Statut. propt c. And no issue for 't is not material nor traversable whether he bought of C. D. or of E. F. or of another but whether he bought them contra formam Statut. necne And therefore the Issue shall be that he did not buy modo forma c. 33. H. 8. B. Issues joyns 81. Negativa pregnans 54. Travers per 367. In waste issue was taken if the defendant cut twenty Oaks there if the Jury finde ten and not the rest the Plaintiff shall recover for the ten and shall be amercied for the rest 2 M. 1. B. Issues joyns 80. the middle Issues returns Issues returned See Tit. Intrusion Jurisdiction If the Lord of a Mannor claim the Tythes of such Lands in D. to finde a Chaplain in D. and the Parochians claim them also for the same purpose 't is said for Law that the Lay Court shall have jurisdiction betwixt them and not the Spiritual Court 25 H. 8. B. Jurisdiction 95. 'T was said where a man pleads a plea in Banco ultra mare it shall be condemned at this day because that it cannot be tried in England 36 H. 8. B. Jurisdiction 29. Jurors Trial of a Peer of the Realm arraigned upon an Indictment and appeal diversity See Tit. Trial and Tit. Enquest Where Jurors may take conusance and notice of a thing in another County See Tit. Attaint Jury took a Scroll of the Plaintiff which was not delivered to them in Court and passed for the Plaintiff and because that this matter appeared to the Court by examination therefore the Plaintiff shall not have Judgement 3 M. 1. B. Jurors 8. Leet NOte for Law if a pain be put upon a man in a Leet for to redress a Nusance by a day sub poena 10 l. and after 't is presented that he did it not and shall forfeit the pain this is a good presentment and the pain shall not be otherwise affeered And the Lord shall have an Action of Debt clearly but he cannot distrain and make avowry except by prescription of usage to distrain and make avowry 23 H. 8. B. Leet 37. Note where the Statute of Magna Charta cap. 25. saith Et visus de Franâ—hi-plegio tunc fiat ad illum Terminum St. Michaelis sine occasione this is â—â—tended the Leet of the Tourne of the Sheriff and not other Leets 25 H. 8. B. Leet 23 the end Leases By Fitz-James ch Just. Englefieldâ—ust â—ust and many others if tenant for life â—ases Land for yeers rendring rent and â—â—es the Lease is void and then the rent is â—etermined The same Law of a Parson â—nd though the successor receives the rent â—he Lease is not good against him for â—hen 't is void by the death of the Lessor 〈◊〉 cannot be perfected by no acceptance B. Leases 19. Debt 122. Otherwise 〈◊〉 seems of a Lease for life made by a Parâ—â—â— rendring rent and the successor accepts 〈◊〉 rent this affirms the Lease for life 24 〈◊〉 8. B. Leases 19. A man leases for ten yeers and the neâ— day leases the same Land to another foâ— twenty yeers this is a good Lease for thâ— last ten yeers of the second Lease 26 H. 8. B. Leases 48. Where a Lease for 300 or 400 yeeâ—â— shall be Mortm in See Tit. Mortmain A man leases a house cum pertin â— Land shall pass by these words cum perâ— Contrary if a man leases a house cuâ— omnibus terris eidem pertin there 〈◊〉 Lands to this used pass and many Graâ—â— are de omnibus terris in D. nuper Mâ— nasterii de G. pertin and especiallyâ— heavers that it hath pertained de temporâ— c. 31 H. 8. B. Leases 55. If a Parson of a Church leases for 〈◊〉 and dies the successor accepts fealty 〈◊〉 shall be bound by this during his 〈◊〉 Contra upon a Lease for yeers made 〈◊〉 him this shall not binde the successor 〈◊〉 acceptance of the rent for 't was void 〈◊〉 the death of the Lessor 32 H. 8. 〈◊〉
Dean 20. Encumbent 18. Leases 5â— Where a confirmation shall be by 〈◊〉 Bishop Dean and Chapt of a Lease 〈◊〉 by the Parson Et contra See Tit. Câ—â—â—firmation A man is a purchaser with his wife 〈◊〉 them and to the heirs of the husband 〈◊〉 after the husband leases for years and â—dies the wife enters this shall avoid the Lease for her life but if she dies during the term there the rest of the term is good to the Lessee against the heir of the husband And the same Law of a Rent-charge granted out of it for the husband had thee Fee-simple tempore c. and might well charge it And note by all the Justices that the GuardJan in Knights service shall not ouste the termor of the ancestor of the heir And the same Law of the Lord by Escheat 36 H. 8. B. Leases 58. If a man leases for life to I. S. and the next day leases to W. D. for twenty yeers the second Lease is void if it be not a grant of a Reversion with Attornment for in Law the Free-hold is more worthy and perdurable then a Lease for yeers Yet if the Lessee for life dies within the term the Lease for yeers is good for the rest of the yeers to come 37 H. 8. B. Leases 48. the end 'T was agreed per plures that where I. N. convenit concessit to W. S. that he shall have 28 acres in D. for 20 yeers that this was a good Lease for this word concessit is as strong as dimisit vel lâ—â—avit 37 H. 8. B. Leases 60. King tenant in Tayl makes a Lease for yeers or life his issue may avoid it See Tit. Discontinuance in possession If a Parson lets Land for term of yeers rendring rent and dies the successor receives the rent the Lease is not good against him for he hath not Fee-simple Nor he cannot have a Writ of Right but Juris utrum therefore the receipt of the rent by his successor doth not affirm the Lease for this was void by the death of the Parson who leased 38 H. 8. B. Leases 18. the end 'T was holden by Bromley Just. and others that if a man leases for 20 yeers and the next day leases for 40 yeers the second Lease shall take effect for 40 yeers s. after the twenty yeers past Time H. 8. B. Leases 35. the end 'T was agreed for Law in the Chancery by the Justices that if a Lease for yeers be made by a Bishop that 't is not void but voidable for he had a Fee-simple Otherwise of such a Lease by a Parson this is void by his death for he hath not the Fee-simple but 't is in abeyance And the Bishop may have a Writ of Right or a Writ of Entry sine assensu capituli where a Parson shall have but a Juris utrum And therefore if the successor of a Bishop Dean Prebend and 〈◊〉 like who have a Fee and Lease and 〈◊〉 accepts the Rent this affirms the Lease 〈◊〉 be good And otherwise of such acâ—â—ptance by the successor of a Parson who â—ade such Lease for this Lease is void â—resently But if a Chantry Priest makes â— Lease his successor shall avoid it notâ—ithstanding the predecessor had a Fee â—ecause that 't is donative or presentative â—nd then such Lease is not perdurable exâ—ept it be confirmed by the Patron in the 〈◊〉 case and by the Patron and Ordinaâ—y in the other case 2 E. 6. B. Leases â—3 the end A man leases for yeers habendum post â—imissionem in factaÌ„ to I. N. finitaÌ„ and 〈◊〉 truth I. N. hath no Lease in it there the Lease commences immediately by Halesâ—ust â—ust and many others And by him if â— Prebend makes a Lease for 21 yeers by â—ndenture rendring the usual rent this shall â—â—inde the successor by the Statute of Leaâ—es for where the Statute saith in Jure Ecclesiae and the entry for a Prebend est â—â—isitus in jure Prebende yet it shal bind by the equity 3 E. 6. B. Leases 62. An Executor hath a term and purchases the reversion in Fee whether the term be extinct or no. See Tit. Extinguishment Tenant of the King in Capite dies and the heir before Livery sued makes a Lease for yeers 't is good if no intrusion be found by Office and an Office found after which findes the dying seized and no intrusion hath not relation to thâ— death of the ancestor but for the profits and not to defeat the Lease for thâ— Free-hold and Inheritance remain in thâ— heir But if intrusion be found tunc nuâ—â—lum accrescit ei liberum tenementum and then the Lease and dower of thâ— wife of the heir are void 5 E. 6. B. Leases 57. A man possessed of a Lease for 40 yeerâ— grants so many of them as shall be behinâ— at his death 't is void See Tit. Grants Note by Bromley and others Justice 〈◊〉 if I let Land to W. N. habendum 〈◊〉 100 l. be paid and without Livery thâ— 't is but a Lease at will for the incertaintâ— But if he makes Livery the Lessee shâ— have it for life upon condition implied 〈◊〉 cease upon the 100 l. levied 2 M. 1. â— Leases 67. 'T is said that Bishops in the time 〈◊〉 E. 6. were not sacred and therefore we 〈◊〉 not Bishops and therefore a Lease 〈◊〉 yeers by such and confirmed by the 〈◊〉 and Chapter shall not binde the successâ—â—â— for such never were Bishops Contra of a Bishop deprived who was Bishop indeed at the time of the demise and confirmation made 2 M. 1. B. Leases 68. What shall be said to be a Lease in reversion and what a grant of reversion see Tit. Attornment 'T was holden by all if a man Leases Land to another till the Lessee hath levyâ—d 20l that 't is a good Lease notwithstanding the incertainty 3 M. 1. B. Leases 67. the end 'T was ruled in the Serjants case that if a man let Land 4 Ian. habend for forty years Reddend annuatim at Mich. and Easter 20. s. the tenant shall pay at Easter and at Mich. I. equales porciones and the Lessor shall not lose the rent at Easter 4. M. 1. B. Leases 65. Ley gager Law wager Detinue of a Deed indented where an obligation of a Lease for term of years the defendant shall not wage his Law for this concerns Land and a Chattel real And so 't was late adjudged in the Kings-Bench 34. H. 8. B. Ley gager 97. 'T was said for Law that a man shall not wage his Law in a Quo minus 35. H. 8. B. Ley 102. Quo minus 5. in finibus Licenses 'T was agreed that if a Bishop Deâ— and Chapter give their Land in Fee with out License of the King who is Founder and is found so by Office the King shalâ— have the Land And another Foundeâ— may have a
jâ—â—â—dicial jurisdiction and another is 〈◊〉 that these are sufficient causes to eleâ— new ones wherefore they did so 〈◊〉 the Kings Writ out of the Chancer comprising this matter which was aâ—â—mitted and accepted in the Commoâ— House of Parliament 38. H. 8. B. Parâ—â—â—ament 7. Parnour Taker of the profits An Office is found after the death Cestuy que use that he died seised and the heir is in ward of the King and after a Recovery is had against the Heir during the Possession of the King as against the Pernour of the profits before the Statute of Uses 27. H. 8. the Feoffees traverse the office or sue an Ouster l'main this Recovery shall binde the heir but the Recoverer cannot enter during the Possession of the King 29. H. 8. B. Pernour 32 A man cannot aver another Pernour of the Profits of other things which are not in demand B Pernour 4. the middle Patents The King gives Land to I S. Et heredibus masculis suis the grant is void See Tit Estates If the King Licences his Tenant to alien his Mannor of D and he aliens it except one acre the licence shall not serve it for the King is not assertained of his Tenant of all And if I have a Licence to impark 200 acres and do it according and after increase by other 10 acres there this is not a Park 23. H. 8. B. Patents 76. If the King grants omnia terras tenementa sua in D. this is a good grant these general words 30. H. 8 B. Patents 95. The King gave to the Earl of Rutland in Tail and after intended to give to him in Fee simple and to extinct the Tail and t was doubted that the surrender of the Letters Patents of the Tail and the cancelling of them and of the Inrollment and Bill assigned will not extinct the Tail for the Tail executed may be averred without shewing the Patent And a Formedon lies after the Tail executep without shewing the Patent And t was taken that t was not a good surety for the King for his services to give the reversion to to hold the reversion by such services when it vests and to except the first services during the Tail for when the reversion is gone the Rent and Services reserved upon the Tail are gone as wel in case of the King as a common person And therefore the devise was that the King by a new Patent reciting the first Patent shall give the Reversion and the first Rent and Services to have in Fee to hold by such Services and rendring such Rent and by this the King shall have the new Tenur presently and the Grantee shal not be charged with double Services and Rents during the Tail and t was agreed for Law that if a man loses his Letters Patents he shall have a Constat of the Letters Patents out of the Inrolment and Bill assigned which remains in the Chancery And therefore B. seems that the Inrolment shall not be cancelled B. Patents 97 And t was agreed by Whorewood the Kings Attorney optimos legis peritos that if Tenant in Tail of the Gift of the King surrenders his Letters Patents this shal not extinct the Tail for the Inrolment remains of Record out of which the issue in Tail may have a Constat and recover the Land wherefore they made the Devise aforesaid viz that the King shall grant to the said Earl Tenant in Tail the Fee simple also and then a Recovery against him will barr the Tail Otherwise the Reversion being in the King B. Surrenders 51. And t is said for Law if the King gives in Fee or in Tail or for life the Patentee Leases for years or grants Leases or gives part of the Land or of the Interest to another and after surrenders his Patent by which t is cancelled this shall not prejudice the third person that he shall lose his interest by it for he may have a Constat out of the enrolment which shall serve him Quaere inde because a Statute is made of it And Quaere if the Common Law shall not serve for it appears in the book of Entries fo that a man pleaded a Constat 32. H. 8. B. Pattents 79. the end Surrender 51. What thing in action the King may grant what not See Tit. Choise in action If the King grant a Balywick or sheriffwick to I. S. absque compotoreddend the word absque compot is worth nothing for t is contrary to the Nature of the thing granted 36. H. 8. B. pattents 99. If Conusance of plea be granted by the King he ought to shew where as in Guild-hall or the like and before whom as before his Steward c. And the King may grant Toll Fair Market and the like but not to have Assise of Fresh force nor Toll traverse nor Through Toll nor that the Land shall be Devisable Borrough-English Gavelkinde nor the like for these are by Custom which cannot commence at this day by grant for the King cannot make a Law by his grant and that by grant of Conusance of pleas he shall not hold plea of an assise nor of a certificate of assise And t is said for Law That a false consideration in Letters patents shal not avoid them as where the King for ten pound to him paid gave such Land and the ten pound is not paid the patent is not void shall not be repealed Contrary of a patent granted upon a false surmise as to falsifie that the land came to the King by attainder of I. S. which is not true or the like Quaere the diversity 37. H. 8. B. patents 100. Where the King Tenant in Tail cannot discontinue or charge by grant by patent See Tit. Discontinuance de possession Note that t was agreed That where the King grants Land which is in Lease for tearm of years of one who was attainted or of an Abby and the like that the grant is good without recital of the Lease of him who was attainted or of the Abby for he shall not recite any Lease but Leases of Record Time H. 8. B. patents 93. T was granted in the case of Thomas Inglefield Knight where the King Receits quod oum A. B. tenet manerium de B. protermino vitae suae de concessione nostra c. Sciatis nos concessisse C. S. reversionem manerii predict c. Habendum c. that this is a good Grant Therefor B. seems that if the King mis-recites the date of the first Letters Patents or the like yet if he well recites the estate and the thing and the name of the Lessee that then the Grant of the Reversion is good For where the King takes notice of his Tenant for term of life and of his estate and grants the Reversion he is not deceived in his Grant for he takes upon him notice of the former Interest for life and then the date of
the first Patent is not material Time H. 8. B. Patents 96. By Mervin Justice a Constat is pleadable contrary of an Inspeximus for in the one case the Patent remains and in the other t is lost And by B. in the Book of entries a Constat was pleaded and aid granted of the King upon it 1. E. 6. B. Patents 97. the end Peace A man is bound to the peace and procures another to break the peace this is a forfeiture of his Bond as t was said Time H. 8. B. Peace 20. Peremptorie A man recovers debt or damages and after brings thereof a Scire Fac ' the first return of Nihil against the Defendant is peremptory if he makes default 24. H. 8. B. Peremptorie 63. Where a man brings an Action real or mixt or makes an avowry or conusans and issue is taken upon the seisin infra tempus statuti and t is found against the demandant Plaintiff or avowant this is peremptory by the same Statute 1. M. 1. B. Peremptorie 78. Petition T is held for Law if the King be Intitled by double matter of Record as t is enacted by Parliament that I. S. shal be attainted of Treason or Felony and shall forfeit all his Lands and also an Office is found thereof there the party who hath right cannot traverse but is put to petition And the same Law if the King grant it over after the double matter of Record found 33. H. 8. B. Petition 35 Trovers de office 51. Note That Petition was at Common Law but Traverse is by Statute Lecture B. Petition 41. Travers de office 54. See Tit. Travers de Office Pledges A man gages his goods in pledge for 40 l. borrowed and after the Debtor is convicted in 100 l. in debt to another these goods shall not be taken in Execution till the 40 l. be paid for the Creditor hath an interest in them and also goods taken for Distress cannot be taken in Execution 34. H. 8. B. pledges 28. Pleadings Note that it is said for Law That he which pleads a Recovery by default ought to aver his Title of his Writ And also that the Defendant in the Recovery was Tenant of the Free-hold die brevis but if the recovery were by action tried he needs not to take the one averment or the other Yet t was said that in a quod ei deforce at he that pleads the recovery by defalt need not aver the party tenant of the Freehold tempore brevis sui for t is proved that he was Tenant tempore c. by the use of the Quod ei deforceat for this is the effect of this action because that the Demandant in this action lost by default in the first action yet he shall aver the Title of his Writ And he which pleads a Recovery in a Writ of Waste by default needs not to aver the party Tenant for Non Tenure in this action is no Plea 24. H. 8. B. Pleadings 6. He which pleads an entry for to defeat a Collateral Warranty ought to aver that he entred in the life of the Ancestor And in Dower if the Tenant pleads a disseism by the husband and the wife pleads a Feoffment by I. N. to the husband who after infeoffed the Tenant and after disseised him she shal say that the Feoffment of I. and the seisin of the husband were during the coverture and he which derives an interest by Lease from Tenant for life or in Tail ought to aver the life of the Tenant for life or in Tail 26. H. 8. B. pleadings 147. Where a man ought to aver that the one and the other are one and not divers See Tit. Averments Where a stranger to a Deed may plead it where not See Tit. Estranger Note for Law That t is good pleading to say that I. N. and W. N. were seised in Dominico pro ut de Feodo ad usum T. P. and his Heirs without shewing the Commencement of the useâ— as to say that A. was seised in Fee and infeoffed I. N. and W N. ad usum T. P. c. But a man cannot plead that A. B. was seised in Tail without shewing the gift for the one is a particular estate and not the other 36 H. 8. B. Bleadings 160. Plenartie Note when there is no Patron aâ— where the Patron is a Priest and is admitted to this Benifice himselfe Oâ— where my Advowson is aliened in Mortmain and appropriated to 〈◊〉 House of Religion and the like in these cases I. may have a Quare impedit and there Plenarty by six Month is no plea 6. H. 8. B. Plenartie 10. Premunire Premunire by Bil in the Kings bench See Tit. Bill A Prohibition lies often where a Premunire lies not as of great Trees vel pro decimis de ceptima parte prohibition lies and not a Premunire for the nature of the action belongs to the Spiritual Court but not the cause in this form But where t is of a lay thing which never appertained to the Spiritual Court of this a Premunire â—ies as of Debt against Executors upon a simple contract or pro lesione fidei upon a promise to pay 10 l. by such a day 24. H. 8. B. Premunire 16. Where a man attainted in a Premuâ—ire shall forfeit his Lands in Fee imperpetuum See Tit. Forfeiture de â—erre c. Prerogative A man hath land in use of which part is holden of A. by prioritie and the rest of the King by Posterity in Knights service and dies the King shal have the ward of the body by his prorogative and by the Statute of 4. H. 7 which gives the ward of Cestuy que usâ— where no will is declared and per preâ—rogativam regis Yet otherwise t is saiâ— of land in use holden of a common perâ—son for the Tenant in use dyed noâ— seised and therefore out of the case oâ— Prerogative for the Land 21. H. 8. B Prerogative 29. Note by Whorewood the Kings Attorney and others where an information is in the Exchequer upon a penaâ— Statute and the Defendant makes bar and traverses the Plea that thâ— King is bound to stand to the first traâ—verse which tenders an issue and canâ—not waive such issue tendered and traverse the former matter of the Plea 〈◊〉 he may upon a traverse of an office anâ— the like where the King is sole party and intitled by matter of Record foâ— upon the information there is no officâ— found before and also a subject is paâ—â—ty with the King for to recover thâ— moytie or the like 34 H. 8. B. Preroâ—gative 116. Shelley Just. was precise that a giâ—â— of the King is good of Chattels moveaâ—bles without writing as of a horseâ— â—nd the like 35 H. 8. B. Praerogat 60. â—nd 71. the ends Note by some the King shall not â—ave a Precipe quod redd as a Writ of Escheat but his Title shall be found
Writ and count how that the grant was made to the Testator and he brought a Quare imped and dyed and that they broughâ— this Writ and for that reason pertineâ— ad ipsos presentare and the Defendanâ— ipsos impedit and then this imports thaâ— this is of a disturbance made to themselvs after the 6 months past the nthâ—â— Writ lies not for all ought to havâ— been comprised in the Writ and couâ—â— specially and demand a writ to the Bâ—â—shop upon the presentation and wrâ— of the Testator quia non ideo malâ— and nothing thereof comes in the caâ— aforesaid betwixt Mark Ogle anâ— Harriston by B. 4. E. 6. B. Quare inâ— ped 160. Que estate whose estate c. T is said for Law That if a man recovers land against I Sâ— or disseises I. S. he may plead that he hath his estate and yet he is in in the Post 31. H. 8. B que estate 48. Que estate in another person of the the Tenancy without shewing how not so in Seigniory See Tit Avowrie T was agreed that a Que estate shall not be allowed in one who is mean in the conveyance as to say that A. was seised in Fee and Feoffed â— whose estate C. hath who Infeoffed the Defendant for the que estate shall be allowed onely in the Defendant or Tenant himself S. whose estate the Tenant hath 1. E. 6. B. Que estate 49. Note that t was agreed by the Justices That a man cannot convey an interest by a Que estate of a particular Estate as Tail for life or for years without shewing how he hath this estate be it of the part of the Plaintiff or Defendant 7. E. 6. B. que estate 31. Quinzisme T was agreed in the Exchequer That Cities Boroughs shall pay at Tenths and Uplands at Fifteens 34. H. 8. B. quinzisme c. 8. Note by Exposition of those of the Exchequer That Tax and Tallage is not other but Tenth Fifteen or other Subsidie granted by Parliament And the Fifteen is of the Layitie and the Tenth is of the Clergy and is to be Levyed ofâ— their Land And the Tenth and the Fifteen of the Layity is of their goods S. decimam partem bonorum in Civitatibus Burg. Et quinsesimam partemâ— bonorum of the Layity in patria which was Levyed in ancient time upon their goods S. of the beasts upon their lands which was very troublesom But now t is levyed Secundum rat terrarum suarum by verges of Land other quantities so that now all know their certainty in every Town and Countrey throughout the Realm But t is yet Levyed in some places upon their goods but in most places upon their Lands which was granted by the Barons 34. H. 8. B. quinzisme 9. T was said for Law that a man shall not wage his Law in a quo minus 35. H. 8. B. Ley. 102. quo minus 5. the ends Rationabile Parte c. T Was said for Law That the Writ de Rationabili parte bonorum is by the Common Law and that it hath been often put in ure as a Common Law and never demurred to therefore B. seems that t is the Common Law 31. H. 8 E. Rationabili parte 6. the end Recognizance Agreed for clear Law in the Chancery if a man acknowledge a Statute staple and after infeoffs the Recognisee he makes a Feoffment over now the Land is discharged for the Feoffee is but a stranger But if the Cognisor repurchases the Land it shall be put in Execution and yet t was once dicharged Time E. 6. B. Recognizance 9. the end Note that it did appear by search of the Records of the Common Bench that the Justices of the Bench may take and Record Recognizance as well out of Term as within Term and as well in any County of England as at Westminster 4. M. 1. B. Recognizance 20. Note That the King himself cannot take a Recognizance for he cannot be Judge himself but ought to have a Judge under him to take it And none can take a Recognizance but a Justice of Record or by Commission as the Justices of the two Benches Justice of Peace and the like for a Conservator of the Peace which is by the custom of the Realm cannot take surety of the Peace by Recognizance but by obligation the same Law of a Constable Lecture B. Recognizance 14 Record A man shall not pleadia Record except it be in the same Court where the Record remains without shewing the Record exemplified sub magno sigillo Angliae if it be denied for it ought to come into the Chancery by Cerciorare and there to be exemplified sub magno sigillo for if it be exemplified sub sigillo de communi banco Scaccario or the like these are but evidence to a Jury 22. H. 8. B. Record 65. 'T is said that he that pleads a recovery in a writ of right in a court baron in barre of an Assise before the Justice of Assise he ought to shew it exemplified sub sigillo cancell otherwise 't is no plea. But of a Recod in the common bench he may vouch it there and have day to bring it in the same law by B. of any other court of Record Yet otherwise in a court baron for there 't is a recovery but no Record for 't is not a court of Record Time H. 8. B. Record 66. the end Note that in the Kings bench they have divers presidents that in a writ of error upon a fine the Record it self shall be certified so that no plures proclam shall be made for if nothing be removed but a Transcript they may proceed in the common-bench notwithstanding that and if it be reversed this makes an end of all but if it be affirmed then the Record shall be sent into the common-bench by Mittimus to be proclaimed and ingrossed 4. M. 1. B. Record 49. Recovery in value Recovery against husband and wife by writ of entry in the Post where the wife is tenant in taile and they vouch over and so the demandant recovers against the husband and wife and they over in value this shall binde the taile and the heir of the wife 23. H. 8. B. Recovery in value 27. Where a writ of entry in the Post is against tenant for terme of life to bind the fee simple he ought to pray in aide oâ— him in reversion and then they to vouch upon the joynder c. And such recovery with voucher is used for to docâ— the taile in ancient demesne upon a writ of right and voucher over and this of freehold there Yet B. doubt of such recovery upon a plaint there oâ— land of base tenure for this cannot be warranted Ideo quaere 23. H. 8. B. Recovery in value 27. the middle Note that t' was taken if my tenant for life vouches a stranger who enters into the warranty and cannot
barre the demandant by which the demandant recovers and the tenant over in value that this land recovered in value shall not go to me in reversion after the death of the tenant for life nor the reversion of the land recovered in value shall not be in me in the life of tenant for life and so 't is holden at this day 25. H. 8. B. Recovery in value 33. Note by some where a writ of entry in the Post is brought against a husband and wife where the wifis tenant in taile and they vouch overe and so the demandant recovers against the husband and wife and they over in value if the wife tenant in taile dyes and the husband survives this shall not bind the issue in taile for the recompence shall go to the survivor and then it shall not bind the issue in taile Yet B. seems that this opinion is not law for the recompence shall go as the first land which was recovered should go And voucher by husband and wife shall be intended for the interest of the wife 25. H. 8. B. Recovery in value 27. the end Tenant for life the remainder over or tenant in taile the remainder over is impleaded by a writ of entry in the Post and he vouches a stranger the demandant recovers against the tenant and the tenant over in value this shall bind him in remainder by Monntague Just. and others for the recompence shall go to him in remainder But yet in the case of the Lord Zouch and Stowell in the Chancery the law was determined otherwise by all the Justices B. seems the reason because that when he vouches a stranger the recompence shall not go to him in remainder contrary if he vouches the donor or his heir who is privy But after this day many put inâ—ure to bind the remainder 27. H. 8. B. Recovery in value 28. Recovery against Feoffees seised to use in tailes See Tit Feoffements to uses 'T is held that where tenant for life is the remainder over in tail or for life and the tenant for life is impleaded and vouches him in remainder who vouches over one who hath title of Formedon and so the recovery passes by voucher there the issue of him who hath title of Formedon may bring his Formedon and recover against the tenant for life for the recompence supposed shall not go to the tenant for life and therefore he may recover for his ancestor warranted but the remainder and not the estate for terme of life and therefore the tenant for life cannot bind him by the recovery for he did not warrant to him And therefore in such case the sure way is to make the tenant for life to pray in aide of him in remainder and they to joyn and vouch him who hath title of Formedon and so to passe the recovery for there the recompence shall go to both 30. H. 8. B. Recovery in value 30. 'T was agreed that if tenant in taile the reversion to the King suffers a recovery this shall bind him and his issue but not the King by the common law See now the Statute of thereof that it shall not bind the issue 33. H. 8. B. Recovery in value 31. Taile 41. the end Relation Where an office found for the King shall relate where not See Tit. Intrusion Of the Relation of an Act of Parliament See Tit. Parliament Note that the attainder of Treason by Act of Parliament shall not have elder relation then to the first day of the Parliament except it be by speciall words that he shall forfeit his lands that he had such a day and after 35. H. 8. B. Relation 43. 'T is held for good Law that by attainder of felony by verdict a man shall forfeit all his lands that he had the day of his felony done or ever after for this shall have relation to the Act contra upon an attainder by out lawry For B. seems there that he shall not forfeit but those which he had the time of the outlawry pronounced or after for outlawry hath not relation as a verdict hath Time H. 8. B. Relation 42. the end Relation of an Inrolment See Tit. Faitz inrol Releases Husband and wife purchase in fee and after they lease for years by Indenture and after the husband releases to the lessee and his heirs this is no discontinuance and yet this gives a freehold to the lessee during the life of the husband Per plures without doubt 29. H. 8. B. Releases 81. G. Chancery was possessed of an Indenture and lost it and I. S. found it to whom the said G. C. released all actions and demands and after the said I. S. gave the same Indentrue to John Tison and after the said G. C. brought in action of detinue against the said I. T. who pleaded that the said I. S. found the Indenture and that the said G. C. released to the said I. S. all actions and demandes and after the said I. S. gave the said Indenture to the said I. T. Judgment if action And t' was agreed in the common Bench the case being of land demanded ibidem that this is a good barre and that the release of all demandes shall exclude the party of seisure of the thing and of his entry into the land and of the property of the chattell which he had before And it was moved in the Kings bench and they were of the same opinion and said that the reason is because that entry in land and seisure of goods are demandes in Law 34. H. 8. B. Releases 90. Relief See Tit. Debt Remainder See Tit. Discent Remitter No Remitter against an Act of Parliament See Tit. Parliament Note a Per curiam if Tenant in Taile makes a Feoffement to his use in Fee before the statute of uses made 27. H. 8. and dyes before the said Statâ—te his heir within age and after the Statute is made before the full age of the heir by which the heir is in possession by the Statute he shall not be remitted by it Contrary of a discent after the Satute for this shall be a remitter 34. H. 8. B. Remitter 49 If a man hath a Tittle of entry and not a right of entry as by escheat mortâ—maine assent by a woman to a ravishoâ—â— and the like and takes an estate of thâ— terretenant he shall not be remited for he hath but a Tittle And a maâ— cannot be remitted but in respect oâ— a right before as where a man is diâ—seised and takes an estate of the disseisor he is remitted for he had a right of entry before And the same Law where a man decaies his Tenements or converts Land from tillage into pasture against the Statute and makes an estate for life to his Lord he shall have no other estate for he had but a Title of entry and not a right of entry Quaere for Non adjudicatur 34. H. 8. B.
remitter 50. Where a Devise shall take away a discent and will not remit See Tit Devise Repleder T was in use in the Kings bench though that the Jury be ready to pass there if there be a Jeofail aparent in the Record the Inquest shall be discharged 35. H. 8. B. repleder 54. Rescous See Tit. Distress Reservations If a man Leases his mannor except the wood and underwood by this the soile of the wood is excepted by Baldwine wine Chief Justice of the Common-Bench Fitz. Justice and Knightly and Mart Serjeants contrary Spilman and W. Conigs ' Just. 33. H. 8. B. Reservations 39. Restitution A man is attainted of Treason the King may restore the Heir to the Land by his Patent of Grant but he cannot make the heir to be heir of blood nor to be restored to it without Parliament for this is in prejudice of others 3. E. 6. B. Restitution 37. Restore al primer action Restored to the first action If a man enters where his entry is not lawful as the heir in Tail after discontinuance or the heir of a Woman or the Woman her self after discontinuance the other upon whom he enters recovers against him there they S. the heir in Tail or the woman or her heir is restor'd to their first action of Formedon or Cui in vita Yet if such who enters where his entry is not lawfull makes a Feoffment and the other upon whom he entered recovers now the first action is not restored to the issue in Tail nor to the Woman nor to her heir by reason of the Feoffment which extincts right and action But if he which so enters makes a Feoffment upon condition and for the condition broken re-enters before that he upon whom he entered hath recovered and then he recovers after the re-entry made by the condition there he which made the Feoffnient upon Condition is restored to his first action for the entry by the Condition extincts his Feoffment 23. H. 8. B. Restore al primer action 5. Retorne de avers Retorn of beasts Note by the opinion of the Court That if a man be nonsuited in a Replevin and a retorn is awarded and the Plaintiff brings a Writ of second deliverance and suffers it to be discontinued retorn irreplegible shall be awarded as well as if the Plaintiff had been non suited in the Writ of second deliverance 17. H. 8. B. Retorne de avers 37. Second deliverance 15. Revivings See Tit. Extinguishments Riot Rout and unlawful Assembly Note that Riot is where three or more do an unlawfull act in Deed and execute it as to beat a man enter upon possession or the like unlawfull Assemblie is where a man assembles people to do an unlawful act and doth not do it nor execute it in deed And Rout is where many assemble themselves for their own quarrel this is a Rout and against law though it be not executed as inhabitants of a Town for to break down a hedge wall or the like to have Common there or to beat a man who hath done to them Common displeasure or the like Lecture B Riots 5. Sanctuary See Tit. Corone Saver default Saving default See Tit. Judgement Scire facias Of a thing Executory a man shall have Execution for ever by scire facias See Tit. Execution Where Debt lies and where a scire facias See Tit. Debt Where a scire facias upon a Recognisance shall be brought See Tit. Lieu ' Second Deliverance See Tit. Retorn de avers Seisin If a man holds of the King and holds other Land of another Lord and dies his heirs within age who intrudes at his full age and pays the rent to the other Lord this is a good Seisin and shall bind him after he hath sued livery for the Seigniory was not suspended by the possession of the King but onely the distress for after Livery the other Lord may distrain for the arrearages due before per optim opinionem tune See now the Statute thereof That the officers of the King shall render yearly the rent to the Lord and the heir shall not be charged with it by distress after upon livery sued as he was at Common Law 34. H. 8. B. Seisin 48. Several precipe T was agreed that a man may have Debt and Detinue by one and the same Writ by several Precipe the one shall be Debet the other Detinet Tim. H. 8. B. several precipe 5. the end Several Tenancie In an Assise several Tenancy is no plea and the same Law in other actions â—here no land is demanded in certain 24. H. 8. B. several Tenancy 18. Statute Merchant T was said for Law That if a man sues Execution upon a Statute Merchant or Statute staple and part of the Land is extended nomine omnium terrarum which is retorned according and the party accepts it he shall never have an Extent nor re-extent of the rest And that upon a Nihil retorned upon a Testatum est he may have Proces in another County for there the judgement shal be quod habeat exeontionem de terris quousque summa Levitur Yet B. seems otherwise of such retorn of Goods 29. H. 8. B. Statute Merchant 40 Note if a Statute staple be extended and so remains by seven years without Deliberate made yet he may have a Deliberate at the end of 7 years but he who hath the land delivered to him by liberate upon a Statute cannot make a surrender conditional to the conusor enter for the condition broken after the time of the extent incurred as land of 10 l. per an is delivered in execution for 40l this may incurre in 4. years there the Conusee by such condition cannot enter after the four years incurred for he ought to take the profits upon his Extent presently And he shal not hold over his time nisi in speciali casu as where the Land is surrounded with water sudden tempest or the like And the judgement shall be Quod teneat terram ut liberum tenementum suum quousque denarii leventur 33. H. 8. B. Statute Merchant 41. T is said for Law That if the Conusor upon a Statute Staple hath a Reversion and grants it over and after the Tenant for life dies this Land shall not be put in execution for the Reversion was never extendable in the hands of the Conusor 33. H. 8. B. statute Merchant 44. the end Note by Bromley Hales and Portman Justices and Rich who was first Chancellor of England Apprenticius Curiam That if the Conusee purchases parcel of the Land after the Statute acknowledged or Recognised this â—s no discharge of the Statute against the Conusor himself But the Feoffees of â—he Conusor of other Parcels shall be â—here of discharged But if the Conusee â—ath the Land delivered in Execution â—nd purchases parcel of the land of the Conusor this is a discharge of the inâ—ire Statute 36.
H. 8. B. Statute Merchant 42. T was said for Law that if the Conusee upon a Statute staple dies and â—is executors sue execution in the name â—f the Testator as if he were in life â—nd the Sheriff takes the body in the â—ame of the Testator c. yet this is â—ot execution for the executors but â—hey may after have execution in their â—wn name for the first execution in â—he name of him that was dead before â—he Teste of the Writ was void and â—he body cannot remain to satisfie him who was dead before Nor the Sheâ—iff cannot deliver the land nor goods â—o him who is dead juxta formam breâ—is And by B. in the book of Enâ—ies the executors of the Conusee shall have execution upon a Statute Merchant without Scire Facias and this upon surmise as it seems to him And if the Conusor be retorned dead yet execution shall proceed of his Lands and Tenements without Scire Fac ' against his heir And the extenâ— and Liberate shall be served imediatly Yet by B. no remedy appears there for the goods of the Conusor when the conusor is dead to have any execution of them 36. H. 8. B. Statute Merchant 43 T is said if a Writ of execution with extendi facias issues upon a Statute Merchant that the Writ ought to be retorned and the land upon thiâ— delivered to the Conusee by Liberate inde Time H. 8. B. Statute Merchant 32. the end Supercedias T was holden for Law thâ—â—â— a writ of attaint a man shall â—ot have a Supercedias for to â—isturb execution for the â—erdict shall be intended true â—ntill t is reversed c. And â—â—at the Register which gives 〈◊〉 Supercedias there is not Law Contrary upon a Writ 〈◊〉 Error for it may be intenâ—ed that Error is for the suit â—f the Defendant c. 33. H. B. Supercedias 24. Sureties Where Sureties in Londonâ—â—all â—â—all remain after the action â—emoved è contra See Tit. â—â—ocedendo Affirmatur pro lege that â—uretie of the Peace is discharged by the death of the King for t is to observe tâ— peace of that King and when he dead t is not his peace 1 M. 1. Surety 20. Surrender Tenant for term of life surrenders him in reversion out of the land which he agrees the free hold by thâ— is in him presently and he is Tenaâ— to the action by precipe quod reddâ— without entry but he shall not haâ— Trespass without Entry 31. H. 8. â— Surrender 50. Where tail shall be extinct by suâ—â—render of Letters Patents where noâ— see Tit Patents Note in the Case of Culpeper twâ— said that the King himself cannot râ—â—cord or receive a surrender of land 〈◊〉 Letters Patents made to him extrâ— curiam but this ought to be beforâ— his Chancellor or other Justice to thâ— authorized 2. E. 6. B. Surrender 53. thâ— end If a man leases for years the remainder over for years and after the firâ— Termor grants his interest to the Leâ—sor this is no surrender by reason 〈◊〉 〈◊〉 mean interest of the term in reâ—â—inder And a Termor makes his essor his Executor and dies this is no â—â—rrender for he hath this to another 〈◊〉 contra whorewood inde 2. E. 6. B. â—â—rrender 52. Note where a man leases land for 〈◊〉 of years the remainder over for 〈◊〉 the remainder over in fee or reâ—â—rving the reversion there he in remainder for term of life may surrenâ—er to him in reversion or to him in remainder in Fee and the estate for â—erm of years is no impediment for â—â—ough it cannot give the possession of 〈◊〉 land yet it gives the possession of 〈◊〉 free hold which is in the thing â—hich was surrendred 3. M. 1. B. Surrender 55. Suitor T was said for Law in the Star-Chamber betwixt Brown Justice and â—ion Grocer of London that a Court 〈◊〉 may be holden before two suiâ—â—rs for the plurall number suffices â—ime H. 8. B. Suit 17. Tail REcovery upon voucher against Tenant in tail is a bar by reason of the recompence in value And a recovery bâ— writ of entry in the post by single voucher doth give but the estate which the tenant in tail hath in possession temporâ— recuperationis so that if it were in oâ— another estate then the tail there the tail is not bound against the heir But the double voucher is to make the tenant in tail to discontinue and to bring the writ of entry against the feoffee and then the feoffee shall vouch the tenanâ— in tail and he shal vouch over and so shal lose and this shal binde all interests and tails that the vouchee had 23. H 8. B. Tail 32. Tenant in tail hath issue and asiens with warranty and leaves assets dies the issue cannot recover by Formedon for the warranty and assets is a barr And if the issue aliens the assets yet he shall not have a Formedon But if he hath issue and dies there the issue of the issue shal have a Formedon because that the assets is not discended to him Yet is said that if the issue upon whom the warranty and assets discended brings a formedon and is barred by judgement and aliens the assets and dies his issue shall not have a Formedon because that his father was barred by judgement B. Tail 33. And if the tenant in tail hath issue two sons by divers venters and discontinues and dies and an ancestor collateral of the eldest son releases with warranty and dies without issue and the eldest son dies without issue before 〈◊〉 Formedon brought the younger son may recover by Formedon for he is not heir to the warrantor and his brother was not barred by judgement Yet B. doubts thereof for it seems to him that the discent of the Collateral warranty extincts the tail But if the eldest had been barred by judgement then clearly the younger is gon also 24. H. 8. B. Tail 33. Formedon 18. Tenant in tail the reversion to the King suffers a recovery operaturâ—y â—y it See Tit. Discontinuance de possession Recovery in value If the King gives lands in tail by his Letters Patents and after the donee surrenders his letters patents to the K. the Tail by this is not extinct 35. H. 8 B. Tail 38. The King Tenant in Tail cannot discontinue by grant by Patent See Tit. Discontinuance de Possession Tenant at Will Note for Law that there is no Tenant by sufferance but he that first enters by authority and lawfully as where a man leases for years or for term of anothers life and holds over his term after the term expired or after the death of cestuy que vie And Tenant at will is where a man leases his land to another at will for he who enters of his own head is a Disseisor Time H. 8. B. Tenant per copy 15. the end Tenant by Copy Note that t was said for Law