not yet presented and present the same and what Lands and Tenements he held of his Mannor at the time of his death and by what service and who is next Heir to the said Inheritance If it be socage-Socage-Tenure the Lord shall have his Fealty one yeers Rent for a relief over and above his yeerly Rent I do not mean the Rent to the value or profits of the Land though many Lords of Copy-holders have much mistaken themselves of late in this case or else the Tenants do too much mistake themselves to the Tenants undoing when the fine hath been stretcht by the cloak bag-strings of the Lords conscience and for his relief the Lord may distrain immediately after the death of his Tenant You shall enquire whether any Freeholder hath aliened or sold away his Free-hold or any parcel thereof and present it for he which bought the Land before he enter ought to give notice therereof to the Lord and if he bought but a parcel the Rent ought to be apportioned accordingly between both parties according to the value of the Lands sold Fourthly Enquire whether any one man hath two several parcels of Land holden by several Titles dieth seized of the same the Lord shall have two Herriots by his death You shall also enquire whether any Copy holder dieth seized of any Lands so holden and present it Also whether any Copy-holder hath made any Lease of his Copy-hold or otherwise aliened or sold the same without surrender and present it for its a forfeiture of his Copy-hold Enquire also whether any Copy-holder hath made any surrender of his Copy-hold or any part thereof since the last Court-day or before and present it and into whose hands it was made and to whose use for at every death or other alienation the Lord is to have a Fyne were it not for this few Lords would keep any Court at all though they ought to do it to do justice to their Tenants and the party into whose hands the surrender is made ought at the next Court to present the same and to certifie the surrender into Court to the use of the alien according to the trust reposed in him on pain of forfeiture of his Copy-hold and the party that receiveth the surrender is not invested in any right in the estate by the surrender unless he be admitted Tenant in Court Enquire also if any Tenant of this Manor have given any of their Lands into Mortmayn and present it if any man give or sell any Lands to any house of Religion or to any other which be corporate by the Kings Grant or if any one make any Feofment upon trust to the use of any Religious house or to the use of any Fraternity or Corporation this is Mortmain You shall also enquire whether any Tenant for term of life or yeers or any Copy-holder of this Lordship hath made any waste or suffered any waste to be done upon their Lands and Tenements and present it Waste is when any Tenant for term of life or yeers or any Copy-holder pulleth down any house or cutteth down timber-trees or suffereth any of his Copy-hold-Tenements to decay or fall or if any of the Tenants plow up any medow ground or if they suffer any wall or pale which was covered to be uncovered by reason whereof the same wall or pale doth fall or if any Tenant dig coals chalk sand or make any Myne in his Ground it is commitment of waste But if a Tenant fell Timber to repair Houses in decay upon his Copy-hold and therewith doth repair them or therewith build a new house or any new building this is not waste But if he cut down and sell any such Timber this is waste Also Copy-holders may cut down Wood to burn upon their Tenements or to make Reparations without waste Enquire also whether any Tenant died seized of any Lands holden of this Mannor having no Heir at the time of his death his Lands shall escheat to the Lord. None shall inherit Lands in Fee-simple unless he be Heir of the whole blood and understand that a Bastard can never be Heir unto any man neither can he ever have Heir but his children of his own body lawfully begotten therefore if any Bastard die without issue or any other Tenant die seized without Heirs present it Also if any Tenant seized of any Lands or Tenements was ejected therefrom by one that had no rightful Title thereunto and after dies without Heir the Lord shall have his escheat as well if the Tenant had died seized ergo enquire thereof and present it Enquire also if any Tenant of this Mannor hath been attained for any Treason Felony or Murder for which he had judgment although he were afterward delivered or were burned in the hand the Lord hath his Lands by escheat or if any one hath abjured the Land or be outlawed for any Treason Felony or Murder present it for the Lord shall have his Land by escheat You are also to enquire if there be any rents customs or Services withdrawn from the Lordship which are due and of right ought to be done thereunto and what Rights Customes and Services they are by whom withdrawn and where the Land lies out of which they be due and who holds the same and present it Enquire also whether any Waif or Stray was or is within this Lordship and whether the Lord be answered of the same and if not present by whom they are detained and if any Herriot be conveyed away or concealed present it and by whom And here it will not be any digression to tell you what a Waif and Stray is A Waif is if a Thing being pursued or otherwise to ease himself of his burden doth leave and forsake â—is goods which he hath stollen or any part of them such Goods are called Waifs and the chief Lord shall have the Goods so waived unless the Owner of them do make fresh suit after the Thief and attach him for stealing the said Goods in such cass he shall have his Goods again though they be waived but then he must sue an appeal or else procure the Thief to be convicted at his Sute 21 H. cap. 12. An Estray is if any Beast be found in the Lordship and no man know the Owner thereof they shall be seized to the use of the King unless the Lord have them by Grant or Prescription if the Owner do not claim the same within a year and a day after the Lord hath caused Proclamation to be made in the next Markets and in the Church according to the Statute Also enquire whether any person hath made any Rescous against the Lord or his Officers within the Mannor and present it That if the Lord come to distrain for his Rent and the Tenant resist him that he cannot distrain this is a rescue or if Beasts distrained run into the house of the Owner and the Distrainer prays them to be delivered to him and the possessors will not deliver
whereby the Survey of the said Mannors may be made the more perfect The manner of making the Terrar or Field-Book may be thus A general Survey and Field book taken at H. in the County of S. holden for the Mannors of G. and H. by R. T Steward and Survayor of the same the 10 day of M. 1656. wherein all the Messuages Lands and Tenements in the said Mannors are set forth butted and bounded The Tenure how all such Lands are holden and who be the right Owners thereof Then begin at what part of the Town you please so go through setting down every parcel of Land Messuage or Tenement distinctly abutting and bounding it and at last set down the Tenure and Title of the Owner or Inheritor according to his evidence for the same as thus if you begin at the Mannor house then begin your Survey Book A. B. Esq Lord ef the Mannor of H. c. holdeth one Messuage or Mannor house being the scite of the Mannor aforesaid in his Demeasne as of Fee together with Barns Stables Dove house Orchards Garden c. abutting and bounding the same exactly Then proceed to the next land as you go whether East or West if East then thus A. S. holdeth next and more East twenty Acres of Arable Land abutting c. as it lies c. by Copy of Court Roll ut patet per Cop. suam de Rotulis Curiae If it be Free-hold of Inheritance then say A. S. holdeth of the same Mannor one Free-Tenement c. abutting it exactly and putting down his Title and Tenure according to his Evidence If the Lords of Mannors and Tenants in their several Parishes and Townships would but joyn together with a little charge they might have Books of Survey made of their several Mannors wherein each mans Propriety might be recorded and known and this being done but once in an age or by every succeeding Lord his Tenants and himself might live in amity and tranquillity and many chargeable and vexatious Law-Suits to the undoing of thousands avoided and people might quietly follow their Vocations at home and not the promotion of others by the ruine of themselves But probably the Obstructors of Peace will give me small thanks for this Oh Mounseur Self-ends and Avidus when wilt thou depart from us R. T. Pacis dulcis Amator Acording to promise I shall proceed to declare the manner of proceeding in some inferiour Courts of Record of this Commonwealth bot declaring them sitter Objects of Reformation then Pratice they were indeed originally instituted for the more speedy administration of Justice between party and party in their Corporations but are now by the corruption of time become Instruments of vexation and injury and because they are seated in the Metropolis I shall first begin with the Sheriffs Court of London There is holden at the Guild-hall for the City of London two Court-days for one Compter holden before one of the Sheriffs and two Court-days for the other Compter before the other Sheriff in every week holding Plea in all personal Actions ad infinitum Their Practice in both Courts differs neither in manner nor form nor substance but the beginning of their proceeding I mean the levying of their Plaints is the most unjust and illegal both in the eye of the Law and of all rational people of any Court in the World For indeed the blame of all Courts is that they do not issue out Summons and take sufficient Pledge to prosecute upon the Return of the Summons as the Law originally intends before the awarding of any Capias for arresting the Body of the Defendant but return an Originall of course as they call it sometimes and sometimes not at all putting John Doe and Richard Roe for pledges to prosecute whereas indeed there ought to be a due Summons first returned and Pledges that iâ— sufficient Sureties That if the Plaintiff do not prosecute or be overthrown in his Action the Defendant shall be satisfied his costs and damages for his unjust trouble charge and vexation But the Practice of these Sheriffs Courts is so far from this that they make out no Process nor Precept at all for to warrant their Arrest But they have a Book in their Office at the Compter-gates wherein they enter the Actions that is the Plaintiffs and Defendants Names and the Debt or Damage and that is all And this is most often done after the party is arrested and in Prison for if two of their Varlets meet a man in the street minding to make a prey of him for which they continually lurk they immediatly seize on him if they know but any person he hath any dealing with be the Case right or wrong they presently drag him to the Compter or their petty Goals at next door and then run and enter against him what Actions they please in the Name of any Man And at the next Court-day the Defendant perhaps after two or three days imprisonment may obtain a Non-Sute and shall have adjudged him 7 s. 2 d. for his Charges which is not the tythe thereof and that he may look for if he can tell of who or any man whatsoever that hath any envy in his breast which there are few that want may come and enter an Action against any man he 's minded to do a mischief unto and keep him in Prison at 8 d. per week charges to the Knave as long as he livâ—s And their way of taking of Pledges of prosecuting is thus To demand of the Plantiff or he that enters the Plaint where he lives if he say in Fleet-street then then they enter Pledges to prosecute Johu Fleet Richard Street if in Common-Garden then Pledges c. John Common Richard Garden according to the place the party names though no such man be And it is a great oppression to Country-people who are thus snapt up by irregular Proceedings This is not to expedite Justice but to disgrace the Law and wrong the Commonalty By this means I have known many utterly undone and some have lain in Prison five weeks upon this account and never knew heard of nor could never find out his Adversaries And then after this he hath non-suited their Actions entred over and over again they take a President from a worse then this that I must take so much leave as plainly to speak of that is the Court of Upper-Bench from whence issues a Writ called a Latitat or in the County of Middlesex A Bill of Middlesex and uppon the supposition of one of these returned though never any such thing be they reward a Latitat into all Counties to take the Defendant without naming the cause onely Trespass be it what it will be upon which if he cannot put in bayl he shall lie in Prison three Terms which somtimes with the Vacations to boot is above three quarters of a yeer and then if the Plaintiff declare not he may obtain his Liberty by a Supersedeas if he hath money
's soever concerning the said Mannor and who have been Stewards of the said Mannor within the time of your remembrance Note if there be a Survey holden for two Mannors or more at one time then say instead of Mannor Mannors And the said Mannors or either of them 2. Item That you inform what Limits and Bounds belong to the said Mannors and what Lords are bounding or bordering therupon or whether they do chalenge intrude or encroach upon the Lands of the Lords of the said Mannors 3. Item That you set forth the Free-hold Lands and â—enements within the said Mannors from the Copy-hold customary and demeasne Lands of the said Mannors and either of them or any other Mannor and who are the Free-hold Tenants or Occupiers therof and what are their names and what Free-hold Rent do they severally pay to the Lord of the said Mannors for the same 4. Item What alienations transmutations or alterations have been made of any Free-hold Lands within or belonging to the said Mannors or either of them and what is due to the Lord upon any such alienation transmutation or alteration 5. Item What Houses or Tenements of Freehold are now standing or have been decayed within the said Mannors by whom and when were they so decayed what Laws do or heretofore did beloag to every such House oâ— Tenement and what Lands have been sold from the said Houses or Tenements and to whom 6. Item What Tenements or Cottages are lately built within the said Manors that are holden at will or sufferance or by Copy of Court-Roll of the said Mannors or either of them or any other Mannors and who be the owners or occupiers thereof and what Rents and Services do they yield and pay for the same and what Laws do belong to every such Tenement and Cottage and how long since have any such Tenements or Cortagâ—s been built and what Commonage do they challenge for the same and by what right and what is the name of such Common or Commons they challenge Commonage in 7. Item How many Copy-hold or Customary Tenants are within or belonging to the said Mannors and either of them and what be their several names and what Messuages Lands Tenements or Hereditaments hath every such Copy-holder or Customary Tenant what are their several quantities and yearly values where do they lie and how they are abuttalled and by what Rents and Services doth every such Copy-holder hold the same 8. Item Whether any of the Copy-holders within the said Mannors have exchanged bargained or sold any of their Copy-hold Lands or Tenements to any Free-holder and what are such Lands and Tenements so bargained exchanged and sold yearly worth and where do they lie 9. Item Whether any Copy-hold or Customary Tenant of the said Mannors or either of them hath let or set for any time or term of years his Copy-hold or Customary Lands or Tenemenâ—s or any part thereof without the Lords license and whether any enjoy any Copy-hold or Customary Lands not having a Copy or Grant thereof immediately from the Lord of the said Mannors and what be their names and the yearly value thereof 10. Item What Lands Tenements Rents Services or Hereditaments within or belonging to the said Mannors are withholden concealed or substracted from the Lord of â—he said Mannors by whom and when c. 11. Item What Heath-Grounds Sheep-courses or Sheep-walks are within or belonging to the said Mannors how are they scituated set forth or bounded and how many Acres do every such Heath Sheep-course or Sheep-walk contain by measure or estimation and how many Sheep will the same yearly maintain and keep and what other Priviledges or Customary Feede do belong to the said Sheeps-course or Sheeps-walk and where do the same lie and at what time or times in the year is the said Priviledge and Feede to be taken and what is the yearly value of the said Sheep-walk or Sheeps-course 12. Item Whether any can or do justly claim or hold any Land that lies within the said Heath-Grounds Sheep-course or Sheeps-walks and by what tight do they hold or claim the same and how much Land have every such Land-holder and whether have they not other Lands of the Lord of the said Mannors in Leiu or exchange thereof and where do the said exchanged Lands severally lie and how are they abuttalled and bounded and what be the several Names of the Occupiers of such Lands and their several quantities 1. Item What Commons commonable Grounds waste and vacant Grounds are within and belonging to the same Mannors and what be their several names how are they scituated meered set forth or bounded and how many Acres doe every such Common commonable Grounds waste and vacant Grounds contain by estimation and who can and do justly claim or pretend to have any Common of Feede in the said commonable Grounds waste and vacant Grounds and what be their several names 14. Item What Inclosures and Incroachments have been made at any time heretofore and now being in upon or out of the said Commons commonable Grounds waste and vacant Grounds by whom where and when were they made and what quantity and by what warrant or right they did or do hold the same 15. Item What plantings or Trees is now and have been hertofore set or growing upon any of the Commons belonging to the said Mannors or either of them by whom they have been so set or planted and what be their names that challenge the same as belonging to their Houses of Tenements and what be the names of such Houses or Tenements and how far off are the said Plantings or Trees planted or growing from the said Houses or Tenements and what number of Plantings or trees do they severally challenge to belong to their said Houses or Tenements and by what right and who ha h lopâ—ed felled sold or converted to their own use any such Plantings or Trees and for how much do they or any of them hold the same 16. Item What demeasne Lands are belonging to the said Mannors and either of them and where do they severally lie and how are they abuttalled and what be their several quantities and qualities and their yearly value and what be the names of them that have them in Farm exchange or Occupation and for what Rent and term or for what cause do they severally hold the same 17. Item What Liberties Freedoms Frankchises and other preheminences and royalties do belong or appertain to the said Mannors what are the same and what profit may be yearly or otherwise made or raised by the Lord thereby 18. Lastly to enquire and certifie who shal neglect or refuse to bring in and shew forth their Deeds or their Evidences of all their Free-hold Lands and Tenements within the said Manor together with all their Copies or Court Rolls of all such Lands as they severally hold by Copy of Court-Roll of the Mannors aforesaid for the better setting forth and distinguishing of the said Lands accordingly
to purchase it but not a farthing costs or any remedy against the party that injured him by this wicked practice many a poor Soulâ— miserably endes his dayes in New-gate And if a man be arrested by a Latitat or Bill of Middlesex and the Pâ—aintiff never declare after he hath put in Bayl he shall not have any costs but only a Non-suite or a Discontinuance as they call it unless the Defendant appear in person and that is hardly worth his while This I make bold hereto mention because it is a Grievance crieâ— loud for Redress and so doth the City-Court too for can it seem reasonable that any man should be arrested and imprisoned he knows not why not wherefore and most times irregularly the Serjeants having the advantage to do it without Warrant or any Precept or Process to be shown oftentimes nay most commonly imprison the Defendant without any Action entred against him This Practice was abhorred by the Heathens and then is it not a shame it should be tolerated by Christians But after the Arrest the Defeâ—dant appearing by Attorney the Plantiffs Attorney declares if cause be and then they fairly proceed to Trial according to the substance of the Proceeding of the Upper-Bench though different in form and to the Defendant if he be a Free-man in case of debt is allowed four Defaults by which time he may make his peace if he be wise And by the way give me leave to tell you that I have read and I am sure 't is reasonable That it is not lawful for a Citizen or one living in a Corporation to arrest any stâ—anger that inhabits in another Country into one of these Courts but by Pâ—ocess from above for these Courts had their Authority granted them originally from the King for their ease and the more easie dispatch of Justice between one another in their several Franchises for as the Forraigner hath no benefit by their Franchise so ought he not to be impleaded in their Courts Besides a great disadvantage lies upon the stranger being far from home and distant from Friends is too often enforced to purchase his Liberty by an unjust Composition There is also a Court holden before the Major and Alderman in the Guild-hall of the said City unto which the Sheriffs Court is subject by removal and both of them to a Habeas Corpur out of the Upper Bench or Common Pleas if the Action be not under five pounds and if it be then the Defendant may cause another Action to be entred against him at the Sute of any person he will name which is above 5 l. and remove both together There is also another Court of Equity held between one Freeman and another in the said City wherein they regularly proceed by Summons in all Debts not exceeding 40 s. and pity it is that the Authority of that Court extends no higher Thus by the head you may guess at the whole Body I mean the Proceedings of â—ll Corporations for setting the first Arrest or Process aside when they come to declare they do generally in theâ—r Declarations imitate the Bills and Declarations of the Upper Bench. I would be larger but I proceed to other things here more aimed at only by the way let me desire the Stewards and Judges of all such Courts to be careful in amending what Erâ—ors they finde have through the rust of Antiquity crept in among them endeavoring as much as they can the ease of the Subject and equal Right to all Certain Questions and Cases in LAW Resolved 1. JOHN Doe surrendred to his Wife certain Copy-hold Land of Inheritance to her and to the Heirs of their two Bodides to be begotten and for default of such issue to the right heirs of the said John Doe but in the said surrender doth not express that he gives it to her for her Joynture although it was his intent she should have no other Dowy whether is this a Joynture or not 2. The said John Doe died without Will his Wife administred and there was certain Timber felled for the repair of a Copy-hold belonging to the Heir which the Praisers refuse to put into the Inventory for the reason aforesaid This Widdow marries again and her Husband takes away the Timber so felled from off the Lands belonging to the said Heir whether is this Felony or not 3. Her said Husband is the Lord of the Mannor and doth detain and keep certain Writings from the Heir of the said Deceased refusing to keep any Court where the Heir should be admitted Tenant to certain Copy-hold Land lying within his Manor but doth destrain for Quit-Rent upon the Land belonging to the Heir refusing to deliver the Heir his Writings or shew any Title he hath to the Quit-Rent 4. Whether the aforenamed Surrender being accepted and taken doth not barr the woman to have any Dowry either in Fee or Copy-hold Lands after her deceased Husband although the Custom Bank of that place where the Copy hold lieth renders the Widdow of the Deceased the third part of the Lands that her Husband died seized of 5. What sorts of Wood is accounted Timber by the Law and whether the Woman by vertue of the aforenamed Surrender can cut and sell any manner of Woods growing upon the said surrendred Lands to make a waste and spoil or whether the Land restrains her but to cut for necessary uses 6. Whether the Widow of the Deceased in her Widdowhood letting a Leese Parole for five yeares of her surrendred Land contrary to the Custome ought not to make good the said Lease Parole to the Tenant because he shall be much damnified if he enjoy not the same 7. If a man taken with an Execution for Debt by the Sheriffs Bayliffs and the said Bayliffs suffer him to make an escape and the Creditor reneweth not the Execution in two or three yeares after whether may he afterward bring his Action against the Sheriff or the Debtor 8. We desire to know what penalty is to be laid upon the Lord of the Mannor which ought to keep a Court-Leet once a year and doth not and to whom the penalty belongeth 9. How Lords of Mannors do hold their Lordships and Mannors and whether they pay any Rent therefore or no 10. If Lord of a Mannnor commit Felony who is to have the forfeiture of his Royalty The Resolution of the foregoing Questions To the first A Joynture of a Copy-hold doth not bar Dower for that at the common Law it it did not and by the Statute of Uses the Joynture must be of Lands at the common Law and whereof Uses might be raised which holds in neither in Copy-holds 2. It is not Felony but the Lord of the Mannor may have an Action of Trespass again the said Husband or the Heir may have an Action upon the case against him 3. The Heir may sue him at common Law for detaining of his Writings and touching the distress for Quit-Rents let the Tenant bring a Replevin and
THE POWER PRACTICE OF Court-Leets With the Manner of Keeping A Court of SURVEY for Mannors Lands and Tenements ALSO Certain Dubious Cases in LAW Opened and Interpreted Published for the Common good of all Both Landlords Tenants and others By Ph. Ag. of Grays Inne Esq LONDON Printed for Samuel Speed at the Rainbow in Fleetstreet 1666. These following Law-books with Variety of others are to be sold by Samuel Speed at the Rainbow in Fleet-street ACtions upon the Case for Deeds viz. Contracts Assumpsits Deceits Nusances Trover and Conversion Delivery of Goods and for other Male-feasance and Mis-feasance by W. Sheppard Esq in Folio Declarations and Pleadings contained in the eleven parts of the Reports of Sir Edward Cooke sometimes Lord chief Justice of England in Folio The Antiquity Authority Uses and Jurisdiction of the Ancient Courts of Leet or view of Frankepledge with an explication of the Oath of Allegiance and the Kings Royal Office of protection annexed by Robert Powel of New-Inne Gent. in Quarto An Abridgement in English of the Cases reported by Sir Francis More Serjeant at Law by W. Hughes of Grayes Inne Esq in Octavo A learned Treatise of Wards and Liveries by the Right Honourable and Learned Sir James Ley in Octavo The ancient and present manner of holding Parliaments in England with their Priviledges by H. Elsynge Esq sometimes Clerk to the Honourable House of Commons in Octavo The Book of Oaths and the several forms thereof both Ancient and Modern in Twelves The Compleat Lawyer Or a Treatise concerning Tenures and Estates in Lands of Inheritance for Life by Sir Will. Noy of Lincolns Inne Attorney-General to King Charles the First in Octavo The Tenants Law a Treatise very useful for Tenants and Farmers of all kinds and all other persons whatsoever by R. T. Gent. in Twelves The Antiquity Extent and Power OF Court-Leets And the form of keeping them IF Antiquity may offer it self in plea for Authority then good cause hath this Court to challenge equality if not preheminence above any in the Commonwealth of England for it was established long before the Conquest and in those days held Plea of all matters in difference either for meum and tuum the two greatest Adversaries in the world or pro placitis Coronae which intends generally the keeping of common peace and welfare in a Nation which is the crown and dignity thereof and the breach thereof is aptly called Crimen lesae Majestatis And so duely and impartially in those days were the Liberties and Laws of this Court observed that it is yet and ever wil be recorded amongst our Legenda aurea that in those days a child might travel safely in the Road with a bag of gold without danger and then the Ways were more dangerous in regard of woods being more full of Woods but I think not so well stored with Thieves as now so that we have destroyed the one and yet in too much plenty reserved the other But to avoid digressions and prolixity too we shall proceed to the formality of proceeding in a Court-Leet as now it is and by the way observe that all manner of Crimes from the highest Treason to the lowest Trespas are here enquirable though not punishable of whâ—ch in order you shall have a perfect description A Court-Leet is at most kept but twice a year in some places but once and in some lazie Lordships not at al but left as a thing obsolete and usâ—less The manner thereof is first about fourteen days before the Court is to be kept for the Bayliff to give notice thereof by vertue of a Precept to be by the Steward of the Court pro tempore existente to him directed which usually runs after this form The Summons for a Court-Leet H. ss A. B. Gent. Steward of the Mannor or Hundred or Leet aforesaid To the Bayliff thereof greeting I command you that you summon and warn all the tenants of the said Mannor as well residents as not residents and all customary tenants of the Mannor aforesaid that they be before me at H. aforesaid on Thursday the 26 day of March next coming to do their Suit unto the View of Frankpledge and all things thereunto belonging c. Dated c. Then the Steward ought to enter on the Court-Roll the Style of the Court which is usually after this manner The Entry of a Court-Leet together with a Court-Baron H. ss The view of Frank-pledge with the Court-Baron of C. L. Esq Lord of the same there held the 20 day of March c. By A. B. Steward there Then make three Proclamations when you call the Court and then a Proclamation fbr Essoins and profers of Suit and Plea which if any be enter them in the Court-Roll and afterwards proceed to impannel and swear the Jury for the Inquest Swear first the Fore-man by himself and then the rest by two or three at a time The Oath is usually the same in substance and not differing much in form from the Oath of the Fore-man to a grand Inquest in Assizes and Sessions and might be omitted but lest the young Tyroes might want it I will in insect the method thereof thus The form of the Oath to the Fore-man of an Inquest at a Court-Leet You shall diligently enquire and true-presentment make of all such matters as shall be given you in charge the councill for the Lord Protector Commonwealth King or other Title of the supream Magistrate as the Law commands your fellows and your own you shall well and truly keep you shall not conceal any thing for favour fear promise or affection nor present any thing for lucre hatred or malice but in all things you shall present the truth the whole truth and nothing but the truth according to your evidence So help you God and by the contents of this Book The Oath of the rest may follow in this manner All such Oath as A. B. your Fore-man hath taken on his part you and every of you shall well and truly take keep and perform So help you God This being done and Proclamation made for every one to keep silence and give attention the Steward is to proceed to give the Charge which is to consist of these particulars The Charge of a Court-Leet consists of two parts one is things there to be enquired of but not punishable there and the other such offences as are three presentable and punishable by Fine Amerciament c. Know then that to avoid needless circumstances we shall briefly tell you that a very proper comparison may be made between the disposure of a Commonwealth and a natural Body as between the Macrocosmus and the Microcosmus The Commonwealth is a Politick Body consisting of a head and members the one subservient to the other in his proper office as the members of the natural body are which maintains a mutual harmony and a flourishing condition in the whole But as the natural body is subject to infirmâ—ties so also is
forfeits the treble value of the Meal or Flouâ— so sold one half of which forfeiturcâ— gâ— to the poor of the Parish where the offencâ— is committed the other half to any onâ— that will sue for the same in any Court oâ— Record by Information Indictment or Action of Debt c. And moreover the Meal-man is to suffer imprisonment of his body the space of one month without Bayl or Mainprize If any one shall sell wine without License he forfeits five pounds a day for every such offence one half to the Protector the other half to the Prosecutor If any one shall use any Art Mystery or Manual Occupation having not been brought up Apprentice thereunto by the space of seven years he forfeits fourty shillings a month for every month he shall so use it one half of the Forfeiture to the Protector the other to the Prosecutor If any person of the age of sixteen years or more shall wilfully absent himself from his Parish Church and shall not repair thereunto or som other lawful Parish-Church or Chappel during the space of a month he forfeits for every month he shall so refuse going to Church and not having a lawful excuse to the contrary the sum of 20 l. the Forfeiture to be divided in three equal parts one third part thereof to go to the Lord Protector the other third part to the Poor of the Parish where the offence is committed and the other third part to the Informer to be recovered in any Court of Record by any person that will sue for the same by Action of debt Indictment Bill Plaint or Information I see no reason why Anabaptists and those called Quakers and Ranters too should be exempted from the penalty of this Statute any more then Papists But further to proceed to our Charge The Jury is to enquire also if all Constables Headburroughs Decimers or Tythingmen and all other Suitors that owe any Suit unto this Court be present here or not to do their Suit and Service and to present the names of all that are absent or make default They are also to enquiâ—e if any Customs or Services due unto this Court be concealed or holden back how or by whom the same are so detained and in what Bayliffs time the same was and present the same Enquiry is also to be made if any Purprestures be made upon the land wood or water with blocks staves ditches hedges or by or with any other thing manner or way done to the common annoyance of the people and present it Also if any Walls Houses Paleâ— or Hedges be made or erected within in the Jurisdiction of this Court to the annoyance of the people this is to be here presented If any High-ways Waters Ditches or Paths be turned aside out of their ancient courses this is to be enquired of and presented The Jury is also to enquire if any encroachments be made on the High-ways or upon any of the Lords soil or common or one neighbour upon another and present the same If any Laystalls be made or any carrion be cast in High-wayes this is enquitable Common disturbers of the peace or such as make Frays in disturbance of the people or breach of the peace this is to be presented If there be any common Barretors within the jurisdiction of this Leet common Scolds or makers of debate to the annoyance and disturbance of their neighbours this is enquirable Enquiry is also to be made of all Pound breakers such as break the common Pound to take any Distress out of the same their names are to be presented Also the Jury is to enquire if any persons shall make any Outcries against the Law where no cause is to the distuâ—bance of the people and present their names Also if any Rescous be made within the jurisdiction of this Court upon the Sheriff or any of his Bayliffs or any other Officers in the execution of their Office this is to be enquired of and presented Enquire also if any Eveâ—-droppers that is such as stand under walls windows at dors or other places to hear the discourse of others and to carry tales thereof to others thereby to make debate or strife amongst their neighbours present their names All such offâ—nders are to put in good security for their good behaviour the offence highly deserving it Breakers of hedges and such as walk by night and sleep by day are here to be enquired of All such as keep houses of Bawdry or ill ordâ—rs in their houâ—es to the breach o the peace or disturbance of their neighbours their names are to be presented All common haunters of Taverns or Ale-houses having not visible estates sufficient to live upon they are here to be enquired of and presented that they may give an account by what means they live And under this Article being well and duly examiâ—ed to the purpose you will finde many Thieves and Gamesters from which numbeâ— my host himself is seldom to be excluded Also if any go in any messuage for Thieves knowing them to be Thieves they are to be enquired of If any person have watered any Hemp or Flax in any river running water stream or brook or common Pond where cattel use to drink they are to be enquired of they forfeit for every such offence 20 s. the one moyty to the party grieved or any man that will sue for the same in the Court-Leet by Action of debâ— Bâ—ll Plaint or Information But note that if such an offence be presented by the Jury in a Court-Leet the penalty cannot be levied but the offender is there to be amerced and the Amerciament estreated and so levied but it may be punished in the Leet upon the Action or Information of any person against the offender If any persons have or use any false counterfeit or unsealed Weights Scales or Measures or if any use double or two sorts of Weights or Measures that is one to sell by and another greater Weight to buy by which is a deceit to the people this is to be enquired of The Assize of Bread is also to be enquired of and it wants diligent enquiry whether Bakers do make their bread of a due size according to the Statute and the rate and pâ—ice of corn and present the defaulters Also if Butchers Fishmongers or any other Victuallers sell any corrupt or offer to put to sale any corrupt or unwholesome flesh or fish it is to be enquired of Also that all persons that sell Victuals sell the same at reasonable prices according to the price of the Market adjoyning and they that sell otherwise and are thereof convicted shall pay double what they receive to the party that is damnified this is therefore to be enquired of Enquiry is also to be made of Hostlers that they sell nor Hay or Oats but at reasonable prices and that they do not take for the bushel of Oats but an half-peny over the common price in the Market and that they take nothing for
he makes all Beggers that frequent his company therefore such a sign might give warning to others to let him alone and keep his beggerly condition to himself which might enforce him to work for his living as honest men do and not grow so fat by the sweat of other mens brows The second sort of people I would speak to in my intended hopeful Instrument of Reformation is the Professors and Practisers of the Law these should seek to punish vice rather then promote it Ergo I would desire them to honor their profession so far as not so earnesly defend as they too much do the Destroyers of the publick Good that is the gamesters and Alehousekeepers and all breakers of penal Statutes Well Semel dictum sapienti sat est I 'll say no more for I expect little thanks for this R. T. Rhadamanthus The third sort I would advise is such men as take upon them or will undertake the prosecution of all penal Laws and Statutes against the contemners and breakers therof which persons are usually called Promoters and Informers c. Be sure let me advise you to shoot home where you begin let no fair tongues ensnare you promises nor hopes of reward entice you to be caught in their nets when for the lucre of a small Fee which they al generaly seek to ensnare you with you release them and undoe your selves But I say draw your Arrow to the head and he will flie to the mark if you prosecute the Law to the utmost without favor or affection you do that the Law intends you for and shall bring profit and tranquillity to the Commonwealth in general and to your selves as good members thereof in particular maugre all opponents doubt not but our Law-makers and Keepers whom God hath now raised to protect us wil defend you in the execution of Justice and the better to direct you I wil immediately lay down and declare to you the heads of the penal statutes as soon as I have done with my ensuing Articles 6. Constables and Headboroughs are also to present such persons as do refuse or neglect to do their duty of watching or warding 7. Item Such persons as divide their Houses into several Tenements and such as do entertain Inmates who may be an annoyance to their Neighbors or likely to bring charges upon the Parish 8. Item The Defaults of petty Constables Head boroughs and Tythingmen these are the same in Nature though different in Name for not causing Rogues Vagabonds and Beggers to be duly apprehended punished and passed according to the Statute 9 Item All masterless men and women living at their own hands such as are idle and will not labor and can give no good account how they get their living all suspicious persons Whores Night-walkers and mothers of Bastards which may be chargeabe to the Parish 10. Item The Names of such Persons as refuse to take to Apprentice poor Parish children to Husbandry and other Callings according to Law 11. Item All such as neglect to make due rates and collections for the relief of the poor in every parish and that cannot give a just account of the imployment of the rent and stock of the poor 12. Item The Defects of the High-ways and Bridges with the names of such as should repair them and have neglected or refused to do their duty herein 13. Item Such Scavengers as neglect to do their office in causing the Streets to be kept clean within their Liberties and the names of such persons as commit common annoyances by laying of dung soyl or ashes in the Street 14. Item The names of such persons as neglect or refuse to pave the Streets before their houses where the said Streets have usually been paved 15. Such persons as keep any Hogs in the Streets or elsewhere to the annoyance of the people These three last are only proper for Towns and Cities 16. All such Bakers as put light bread to sale and the weight thereof and such Brewers as sell Beer or Ale to unlicensed Alehouse-keepers and such as ingross any Corn Grain or any dead Victuals A Compendium of all such penal Statutes as concern forestalling ingrossing regrating Millers Bakers Brewers Clothworkers Alehousekeepers Gamers Wine without License Recusants mealmen Vsury and Extortion should here imediately follow but in regard we finde them too prolixons to be annexed to the Court-Leet in regard it makes too long a passage to the Court-Baron and we not being willing to omit any part thereof conducible to the common good seeing we intend this Treatise chiefly for the instruction of the ignorant in this most needfull knowledge as well for the plain Country-man as for the benefit of the studious Tyro in the Law Practise We shall reserve the addition of the penal Statutes as an Appendix in the close of the Book and proceed to the Court-Baron Now because the Court-Baron is always an adjacent Neighbor if not a Companion with the Court-Leet I shall successively give you the form and matters of charge to be enquired and punished there The Court-Baron holds Plea of all personal actions and trespasses made within the Mannor where the Tenants are and ought to have Justice at home and not to be at the charge of a Sute at Westminster for every petty action where sometimes the damage is not three pence 20 l. is spent in deciding the Controversie This Court ought to be kept every three weeks and to that intent the Lord receives Rents and Services of his Tenants to do them Justice and some hold their Lands onely by this service of doing Sute of Court and these Suiters are the Judges of the Court though I believe few Lords know a reason why they receive their Quit-Rents and few Tenants wherefore they pay it by which means the due keeping of these Courts is in many nay most places neglected to the great injury of the people But a remedy they may have against the Lord for the non-usage or abuse thereof which shall here following be declared but to proceed First enter the Stile of the Court which is after this manner Holshot ss The Court-Baron of J. W. held there on Friday the 24 of March in the yeer of our Lord 1656. When the Stile of the Court is entred call the Suiters and Tenants entring their appearances and defaults then make Proclamation That if any one will be essoyned or enter any plaint they may come in and be heard After the Essoyns and Plaints and Pleas be entred then impanel the Jury and swear them The Oath is after the same manner as the Leet on y leaving our these words The Council for the Protector c. Then after silence made proceed to give in charge these Articles ensuing First the Jury is to enquire of the Suiters which owe any Sute to this Court whether they do attend the Court or no and present the Defaulters Secondly Enquire whether any Tenant be dead since the last Court or before whose death is
the Lord upon his Avowry must shew his Title 4. The Statute of Joyntures doth not extend to Copy-holds for the Reasons given to the first Question and therefore that Statute is no bar 5. Elm Oak and Ash are accounted Timber in Law and Beech in Countries barren of Wood the Law restrains any Copy-holder to fell Wood or Trees but for necessary uses unless the custom warrant it otherwise 6. The Lease Parole for five years not warranted by the Custom is a forfeiture of the Widdows estate if the Lord take advantage thereof if the Lord so do the Lessee hath no remedy 7. Against the Debtor he can have no Action of Debt for his Action was determined by the Execution but within two or three years he may bring an Action of Debt against the Sheriff 8. A Quo Warranto lieth for non-user or abuser of a Franchise The penalty is the Seizer of the Leet 9. All Lordships and Mannors were holden before these times meditate or immeditate from the King by accustomed or reserved services 10 If he hold of the King the King if of a measne Lord that Lord. Cases resolved touching Wills What persons are by the Law to make a Will or Testament and who not A Person out-lawed for Felony cannot make a Will but if a man be out-lawed only in Personal Actions he may make a Testament of his Lands but not of his Goods The same Law is of a man attained of a Praemunire but not of a man excommunicated An Infant making a Will of his Land within age and dieth after he cometh at full age not revoking this Will it is not a good Will A woman seized of Land and marrieth and afterwards maketh a Will of it this is not good A Lunatick being of sound memory maketh his Will and becometh Lunatick and afterwards comes to his understanding and dies this is not a good Will A man speechless or one born deaf and dumb may make a Will by signes A man being of a sound memory makes his Will and afterwards becomes mad and so dies this is not a good Will A man who hath a Wife not divorced taketh another Wife who is an Inheritrix she cannot make a Will What is a good Will and what not and what shall be a Revocation and what not A Will without naming any Executor is good for Lands but not for Goods A Will wanting date is good if made after the 20 day of July 1540. A Will without sealing or subscribing if it be made in writing in the life time of the Testator although it be never proved before the Ordinary A Will Nuncupative is not good for Land Two men severally seized of Land make a joynt Testament of their Lands this is good A man is making his Will and hath devised parcel of his Land and before the finishing thereof he dieth the Wil is good for so much as is devised If a man appoint by his Will that his Land shall be sold to pay his debts and sheweth not by whom the Will is good and shal be performed by the Executors or administrators If a man makes a Will of land that is not his own and after purchase the same land and die this is not a good Will Also if a man makes a Will of his land and after alien this land and afterwards repurchaseth it again this not a good Will A Woman makes a Will of her Land and after takes a husband who hath issue the husband and the Wife both die this is not a good Will A man makes a Will and afterwards makes a new Will and after in his bed dying saith that his first Will shall be his last Will this is good A man makes his Will in writing and after giveth divers Legacies to several persons then after by word revoketh all but one this is a good Revocation of all but that one If any man gives land by Will to one person in Fee and afterwards giveth the same land to another person by another Wil but for term of life this is a Revocation of the first Will. What things are deviseable or may be devised If any man be seized of lands deviseable and thereupon buildeth the house or building may be devised So likewise may a Rent-charge created de novo A man seâ—zed in right of his wife and granteth parcel of his land to one and after deviseth the residue to another this is good If a Farmer of land not deviseable erect and fix a Furnace in the midst of the house in the land he may devise this Furnace A Tenant in Fee-simple or Fee-tail may devise the Corn although the land be not deviseable but trees he cannot A man seized of a Mill may devise the runner-stone-but not the under-stone If a man have an annuity to him and his heirs he cannot devise this annuity but if it be an annuity for term of years he may If a husband die having before devised Corn upon his wives land it is good whether it were sown before the Marriage or after What words shall make Fee-simple lands and what not Land given to a man to hold to him and his heirs with Warranty of the land to him and his heirs this is a good Feesimple Land devised to a man by Will by these words To do with it at his pleasure this is a good Fee simple Lands given to a man to hold to him in Fee-simple and livery made to him and his heirs according to the form and effect of the deed it maketh Feesimple Land given to one for term of life and livery and seisin made to him and his heirs according to the form and effect of the Deed this is not Fee-simple A man seized in Fee-simple grants totum statum suum his whole estate Ha bend ' to the grantee and his heirs and maketh livery according to the Deed this is Fee-simple A man leavyeth a Fine sur Connuzance de droit come ceo c. The Conusee that is he to whom the Fine is granted hath Fee-simple Two Coparceners in Fee simple make partition and for equality of partition a Rent is assigned out of one part to the other without any other words the Assigne hath the Fee-simple in the Rent Land is given by Deed the Habendum sibi haeredibus suis vel de corpore suo to him and his heirs or heirs of his body this is not Fee-simple But if the Habendum were sibi haeredibus suis vel suis assignatis to him and his heirs or assignes A man makes a Lease of two acres of Land for life the remainder of one of them without shewing which to a single woman in Fee she taketh a husband and after the Lessee is impleaded in a Praecipe quod reddat of one of the acres and prayeth ayde of the husband and wife as of them in reminder they joyn in aid gratis and cannot bar the demandant whereby he recovereth The husband dies the Lessee dies the Wife hath
the fee-simple in the other acre Tenant in tayl enfeoffeth his brother Recovery is had against him by erroneous Judgment the Tenant in tail hath issue and dieth the issue within age the brother dieth without issue the issue in tail being his heir within age reserveth the Judgment by error and enters he hath fee simple A Lease is made to the husband and wife by Deed pro termino vitae suae Habendum eis pro termino vitae to have to them for term of life of the wife she dieth the husband continues in possession he hath fee-simple A Lease is made to a woman for term of years upon condition that if she have issue within the term that she shal have fee the Lessor and Lessee inter-marry and have issue within the term and the husband dieth the term expireth and the wife continueth in seized of the fee simple Husband and wife Joynt-tenants in tail make a Lease for life the husband dies the fee-simple descends to his son out-living the wife Who have a sole estate in fee-simple that they may devise it and who not A man seized of Land in Fee hath issue a daughter beyond the Seas and after he hath another daughter within the Realm and dies the daughters enter together the younger daughter hath a sole estaâ—e in fee-simple A man is dissolved by two and he releases all his right to one of them in tail he is so seized in Fee simple One Joynt-tenant releaseth to his companion upon coâ—dition the Releasee dieth his heir enters the condition is broken and the Releasor enters clayming the moyty the heir shall not be said to be sole seized Two Coparceners in Fee are impleaded the one of them disclaimeth the other is not sole seâ—zed The Law is otherwise between Joynttenanâ—s A man seizd in fee hath issue two daughters bastards and one daughâ—er legitimate the Bastards enter the daughter legitimate releaseth to one of them she is not sole seized Land is given to a man to have to him together with A. the daughter of the donor in frank marriage after they are divorced causa praecontractus at the suâ—te of the husband the donor dies the daughter is his heir she is sole seized A woman inheritrix hath issue a daughter her husband dies she takes a second husband and hath issue another daughter the husband and wife exchange the Land of the wife for other Land in Fee and after of the wife and husband die the daughters enter inâ—o the Land taken in exchange the younger shall be said to be sole seized A feme sole makes a Feoffment upon condition to be performed on the part of the Feoffee at a certain day before the day they intermary the day incurreâ—h the money not paid the husband is sole seized A Feoffment is made to two and to their proper use and livery seisin is made to one of them accordingly he is not sole seized otherwise if no use had been expressed A Feoffment is made by deed to two with a Letter of Attorney to one of them to deliver seizen and he makes livery to the other accordingly he is not sole seized in Fee-simple Two joynt-Tenants one within age are diseised by the Father of the Infant and the Father dies seized the Infant enters and the other occupieth in Common with him the Infant is sole seized Two joynt-Tenants in Fee the one bargains and sells by Indenture all his part and before the Inrolement the other dies and the Indenture is inrolled within the six months the other moyety shall descend What persons are Coparceners or Tenants in common in Fee-simple and who may devise their parts and who not A man hath two daughters and makes a lease to them for term of their lives the father dies the daughters are seized in Fee in Coparcenary Land is given to a husband and wife and to a third person and to the heirs of the husband and the third person releaseth to the husband and wife and to the heirs of the wife the husband and wife are not joynt-Tenants nor Tenants in common of the Fee-simple but the husband himself is sole seized in Fee A man hath issue two daughters and the elder of them holdeth certain land of the father by 4 d. rent the father dieth the younger sister shal be presently seized with out any partition of 2 d. Two joyn-Tenants by deed make such partition that is that the one of them shall have the one moyety to him and his heirs and the other shall have the other moyety to him and his heirs without any meets or bounds they are not Tenants in common A man makes a Feofment of two acres of Land habendum the one acre to one of them and his heirs and the other acre to the other his heirs they are joynt-tenants Three Coparceners are agreed to make a partition so that the one hath a several part alloted to her in severalty and that the others shall hold in Coparcerany and for equality of partition a rent is granted and alotted out of the several part to the others in Fee they are coparcerners of the Rent A man makes a lease for life and hath issue two daughters and dieth the Lessee make waste the one of the daughters hath issue and dyeth the issue and the other bring a Writ of waste and recover and enter they are Coparceners as well of the Free-hold as of the Fee Land is given to two to have to them that is to say to the one of them in tayl and to the other in Fee he who hath a Fee deviseth the whole and dieth this not good for any part What devises of reversions or remainders of Rent be good and what not A man lets a lease for term of life and after diseised his Lessee and makes a Lease for term of life to another for term of life of the first Lessee the remainder over in Fee the first Lessee enters yet he in the remainder may devise his remainder A man makes a lease for yeares upon condition that the lessor disturb not the Lessee within the term of the Lease that the Lessee shal have Fee maketh Livery accordingly the Lessor disturbeth the Lessee for Rent where none is in arear and after he deviseth his reversion this is not good A man makes a Lease of two acres of Land reserving rent and hath issue two daughters and dieth the daughters make partition of the reversion so that the reversion with the appurtenances of one acre is allotted to one and the other to the other they severally devise the rent this is not good Land is given to two habend to the one for life and after his decease to the other in Fee he who hath the Fee deviseth his reversion this is good The husband endows his wife at the Curch-door and after is attainted of Felony and dieth the wife enters the Lord of whom the Land is holden deviseth the reveâ—sion this is not good
A lease is made for life the remainder in Fee to the Wife of the deviser she surviveth and deviseth this remainder this is good An Iâ—fant makes a Lease for life the Lessee grants his estate over with Warrants the Infant at his full age bringeth a dum fuit infra aetatem against the Grantee who avoucheth his Grantor who entreth into the warranty upon whose possession the demandant releaseth in fee al his right and is barred in the action by this release and after devâ—seth his reversion this is a good device A man granâ—s his reversion in Fee and befor attornment he grants the same reversion to the Grantee for term of life onely and the Tenant attorneth generally the Grantee deviseth this reversion this is a good device A husband makes a Lease for life to the daughter and heir apparent of his wife being covert rendring rent the wife mother dieth the husband deviseth the rent this is void A man makes a lease for life reserving rent to him and his heirs the Leassor deviseth his rent this is good but if he reserve the Rent to him and to his Assigns it is not good What gift or estate or conveyance shall be said to be made by covin or fraud and what not A man holdeth Land in Soccage of a common Lord and he conveys this by fraud to defraud the Lord of his relief or herriot the Lord shall not take advantage of this covin The Tenant makes an estate in Fee upon condition and takes back an estate to him for life the remainder to his eldest son in tail and for default of such issue the remainder to the heirs of the Body of the father begotten the remainder over in Fee to the Lord of whom the Land is holden yet this is covin at the pleasure of the Lord. A man bona fide enfeoffeth two of his servants to their own use for good service done and to be done and they by covin convey divers faandulent estates to their masters which remains over c. and the master knowing of their intent rejoyneth at it yet this shall not be fraud The Tenant intending fraud enfeoffeth divers persons and putteth the Lord in trust as Attorney to make Livery and Seizin and so he doth yet the Lord shall avoid this covin The Tenant maketh a Lease for years to the Lord and after by a Fine conveyeth fraudulent Estates c. and after the Lord within the term maketh his Executor and dieth and the Execu or entreth into the term and after the lessor dieth his Heir within age and the term continueth the Heir of the Lord shall not avoid this covin What shall be said a purchase of Lands by the husband for the Joynture of the wife and what not Land is given to three men and a feme sole one of them marries with the feme she being excommunicated one of the others releaseth to the husband and wife and to the Heirs of the husband the husband dies the wife assents This is a good Purchase and yet the wife is not a Tenant for life I. S. being contracted marrieh another wife and after marrieth her with whom he was contracted he and this wife exchange land which he had in the right of his wife the husband dieth she agreeth to the exchange this is not a joyntuâ—e A windmil is leasâ—d to a woman for years who taketh a husband he granteth the term upon condition and for the condition broken enters the lessor releaseth them haeredibus suis omnibus masculis and if they die without such an Heir that this shall remain to the Heirs of the husband this is good c. 27. H. 8. cap. 10. A Reversion upon an estate for years is devised to the husband and wife in free marriage by the father of the husband the remainder to J. S. in fee Tenant for yeers surrendeth to the husband who dieth the wife enters this a good estate to the wife c. An upper chamber is granted without deed to A. for life the remainder for life the remainder to A in Fee A. grants his estate to him in remainder and his wise and to thesr Heirs and if they die without Heirs males of their bodies begotten that then this shall revert the husband dies the wife enters This is an estate to the wife c. Land is devised to J. S. for life the remainder to a husband in fraâ—k-marriage for c. I. S. and the deviser die the husband enters and dies the wife enters this is not an estate made c. Five acres of Land adjoyning to the Sea are devised to husband and wife haeredibus suis masculis for c. five other acres adjoyning thereunto the Sea forsaketh into which the husband and wife enter this is not any estate made in the five acres newly gained J. S. by indenture bargains and sells a Dove-house to husband and wife and to their heirs so long as they have issue of their bodies whereas he hath no Dove-house J. S. builded one the husband enters and Dies the wife enters this is no tail in Joynture c. The father giveth Land to the son and his wife liberis suis with warranty to the son and his Wife and to the heirs of their bodies for ten years they are impleaded within the ten years and lose and have in value the years expire the husband dies the wife enters this is not an estate in tail for joynture but for life Land is given to A. and B. and to the heirs of B. B. leaseth this to a feme sole for life the lessor grants to the said feme and J. D. common for ten year out of the said Land during their lives for the Joynture of lessee and after marrieth her A. and D. die this is an estate conveyed for life as an hereditament To grant an annuity of 10 l. joyntly and severally to J. S. in Fee who granteth it to husband and wife to the husband for the life of J. D. to the wife until one of the sons of J. S. accomplish the age of twenty one yeers the husband dieth the wife accepteth this annuity this is an estate made for the wife for a joynture c. A Lease for life is made to the husband the remainder to his wife and J. D. successive for their lives the husband felleth trees and dies the wife enters the Vendee cuts the lessor recovers in a Writ of wast and hath execution this is an eviction by lawful action and yet the wife shall not have a Writ of Dower A Lordship by fealty and rent is given to Baron and feme in tail before marrige for c. the remainder in fee a Tenancy escheateth the husband leaseth the Seignory to A. who recovereth in a Cessavit and dies his heir enters the husband dies this is an eviction by lawful action and the wife shall recover but an estate for life to the value of the Tenancy Tenant in tail of a
rent purchaseth the Land out of which c. in tail and giveth into Baron and feme for their lives for c. fifty yeers expire Tenant in tail and the husband die the wife enters the issue bringeth a Formedon of the rent recovereth and is put in execution this is an eviction and the wife shall have it to the value of the rent Land is granted to a feme covert for life for c. he in reversion grants it by Fyne the Conusee brings a scire facias the husband claims Fee and it is found against him whereby judgement is given the husband dies the wife enters the recoverer enters this is not an eviction Tenant after possibility of issue extinct the remainder for life is diseised and released to the diseisor who dies his heir gives the Land to husband and wife in tail Tenant for life bringeth a consimili casu and recovers the wife enters this is not an eviction An Infant gives a Park to a feme covert for life without impeachment of waste the remainders of them to two men and the heirs of their bodies the game is destroyed the husband dies the wife enters they bring a Writ of waste the wife pleadeth Nul waste c. whereby they recover this is a lawful eviction but she shall not have a Writ of error Land of the value of 20 l. per annum is granted to a feme for life rendring 10 l. per annum she marrieth he who hath right recovereth the Land by covin of the husband and hath Execution the husband being Tenant in Tail dies having Land to the value of 10 l. per annum the wife shall have it discharged of the rent lesse for life reversing rent the lessor diseiseth him and makes a feofment the feoffee dies his heir giveth the land to the lessor and his wife in tail for her joynture Tenant for life brings a writ of entry in the post and recovereth and hath execution the husband dies the wife shal have dower and shall recover for life the rent not recovered in value Grandfather father and son the father diseiseth the grandfather and taketh a wife the father surrendreth certain Copy-hold land to the use of himself and his wife and the heirs of the husband the father dies the son enters the grandfather dies the wife shall have this joynture or dowr but not of this land Land is given to husband and wife in tail with warranty th y lose and recover in value against him who hath nothing the husband and J. S. being joynt-Tenants agree by deed that after five yeers ended they shall hold in severalty the husband dies within the five yeers the wife hath dower assigned she shall have both Lord and Tenant the Tenant is attainted of Felony and commiteth Treason for which he is attainted the Lord enters and gives the land to the Tenant and his wife for yeers upon condition that if the Lord do not pay 20 l. to the husband and wife at a certain day that they shall have it in tail for the wives joynture and the husband dies before the day the money is not paid this is a joynture and the wife shall not have dower A. enfeoffeth J. R. and B makes livery to J. S. who taketh a wife land is given to them in special tail for the joynture of the wife they levy a fine J S. dies a praeâ—iâ—e is brought against B. he disclaims the heir of J. S. enters the wife shall not have joynture nor dower of the land but of other land she shall have dower A rent-charge issuing out of Lands in several Counties and in the hands of several persons is granted to husband for life the remainder to his wife for her life for her joynture the husband dies the Tenant accords to the wife she shall not have this joynture not dower Land is given to J. S. for life the lessor diseiseth him and giveth the land before Coverture to the wife for life for a joynture a stranger confirmeth her estate with warranty I. S. bringeth a Praecipe and recovereth the wife hath in value the husband and he in reversion make a feofment before the Statute the husband dies this is not an eviction by discontinuance of the joynture and yet she shall recover dower What is a ioynture assured before marriage and what a joynture after marriage A Lordship by fealty and Rent before marriage is granted to Baron and feme for a joynture they marry a Tenancy escheateth the husband enters and dies this is a joynture in the Tenancy assured before marriage J. S. contracts with A. and before marriage concludes with B. that he will recover the Mannor of D. and that this shall be to them in tail for a Joynture B. brings a writ of entry which is returned they marry B. recovers and enters this is a joynture after marriage I. S. leaseth to two for yeers rendring rent and grants the reversion to husband and wife for their lives for a joynture one attorneth before marriage and the other after marriage this is a good joynture before marriage I. S. enfeoffeth I. D. to the use of himself until he marry and after that he marrieth then to the use of her that shall be his wife for her for a joynture this is a joynture after marriage I. S. grants land to a feme for ten years and if he after marry her then she shall have it for her life for a joynture they marry this is a joynture before marriage I. S. in consideration of a marriage to be had betwixt him and A. S. covenanteth that he shall be seised to the use of him and the said A. for their lives they intermarry the deed is inrolled this is a joynture before marriage After affiance between I. S. and A. S. they conclude that a fyne shall be leavied of the Mannor of D for her joynture the concord is acknowledged before the chief Justice they marry and after a writ of Covenant is brought and a fyne leavied this is a joynture after marriage I. S. and A. marry before yeers of consent land is given to them for their lives at the yeers of consent they agree this is a joynture after marriage I. S. makes a deed of feoffment to A. with a letter of Attorney which feofment A. doth express to be to the use of himself and her who shal be his wife for their lives for a joynture they marry the Attorney maketh livery this is a joynture after marriage I S. diseiseth one to the use of A. and B. whom he intends shall marry for a joynture A. and B. enter and after the diseise releaseâ—h to the wife for her joynture this is a joynture after marriage Land is given to A B. and her who shall be his wife for a joynture they marry the wife enters this is a joynture in the moyety which she shall have by survivor and before marriage A. deviseth that his Executor shall give the
Mannor of D. to J. S. and A. D who shall be his wife for their lives they intermarry the Executor grants the Mannor accordingly This is a joynture before marriage Some Cases resolved touching forceable Entries by the Statute of 8 H. 6. c. 9. The turbulency of some troublesome Spirits oftentimes cause great mischief in this case who have the Law in their own hands and altogether be their own carvers in laying hold on violently whatsoever they imagine their own not regarding the mark or touchstone whereby it should be proved from whence arise tumults affrays riots assaults mayhems man slaughters and murder it self for prevention of which evil the Statute of 8 H. 6. hath provided remedies and given power to the Justices of Peace to suppress such mi demeanors and because the Country people are much infested with this maligne disease for whose instruction this Treatise is chiefly intended I shall here give them some Directions in this Case What is a forceable entry and what is a forceable detaining and what not If two persons or more being armed or having weapons in their hands enter the house of another to have possession thereof and thereupon the party in the house parts a far off without any further violence offered him this is a forceable entry If two men or more armed c. enter the house of another the door being open not declaring their intent and remain in quiet notwithstanding the Tenants without using violence this is not a forceable entry But if two or more enter the house of another in peaceable manner and after with fore and violence against the will of the party in possession put him out of possession this is a forceable entry If a single person break the house or window of another and enter in against his will and thereupon he threatens the party in possession insomuch that for fear he forsakes the house this is a forceable entry If a forceable entry be made into the house of another to fight with the party there dwelling and he for fear departs out of the house and his enemies also this is not a forceable entry If a man make a lease for life and after grant the reversion to the same lessee upon condition which is broken on the part of the lessee and thereupon the lessor enters with force to gain the possession of the land this is a forceable entry But if the lessor enter with force to see if waste be made by the lessee this is not a forceable entry A Lord distrain for rent with force though none be arear this is not a forceable entry If any be fighting in a house the door shut and others enter and break it to see the peace kept this not a forceable entry If two persons are fighting in the street and one wound the other so that he is in danger of death and flee into a house and shut the doors after him and others there present pursue him and break the house to take him this is not a forceable entry But if no such danger of his life be then they cannot break the house to take him although it be done upon fresh suite but if the door be open they may enter and take him If the Justices of peace upon complaint made come to the place where the force was and find the door shut and within the house there is but one sole person who will not open the door suffer the Justices to come in this is a detaining with force If the Justices come to the place where the force was and find some persons in arms or their weapons lying by them in the house this is a detainder with force If a man hath two houses neer adjoyning the one by a good title the other by a defeazible title he keeps a force in the first house to beat them who would enter into the house by a defeazâ—ble title this is a detaining of force within If a man claim common in any Land and the Land is detained with force when he would use his common or distrain for his Rent this is a detaining with force If a man hear that certain fellows will come to his house to kill beat or rob him whereupon he assembles a force to assist him in his defence this is no detaining with force If a man hath rent issuing out of the land of another which land is detained with force when he would distrain for his rent arear he who is so disturbed of this rent is no party grieved to complain by the Statute before recited If after the death of the father a stranger enters by abatement into the land and holdeth with force the son is not a party grieved If a man be seized of land upon which a forceable entry is made and die before any complaint is made thereof his heir is not a party grieved to make complaint If a man make a lease for five yeers upon condition that if within the first two yeers the lessee pay to him 10 l. that then he shall have see and livery is made accordingly there if any such forceable entry be committed within five yeers although that the condition be not performed yet the lessee is a party grieved by this Statute A man possessed of a term makes the heirs of J. S. his Executors and dies the said J. S. being also then dead leaving issue a daughter his wife pregnant with another daughter the first enters into the land after which the other is born and then such a force is committed both the daughters are parties grieved Who are bound to go with the Justices at their command to remove a force that is their penalty in case they refuse to go and of what force is the Iustices record A man attainted of Felony upon request made is bound to go with the Justices to remove a force Dukes Earls Lords Barons and every Apprentice and Servant is bound by the Statute to go with the Justices to remove a force An Alien born and not made a Denizen or a man who is not of sound memory an Infant within the age of fourteen yeers or any woman sole or covert are not compellable to go with the Justices to remove a force A man going under bayl for debt or trespass is not bound to go If hue and cry be made at one end of the Town and the Justices require them at the other end of the Town they are bound to go with the Justice to remove a foâ—ce But if they have taken a Fellon or are in pursuit of a Fellon at the time of request they are not bound to go If the Sheriff Constable or other Officer without any Warrant Process or Precept require any person to go with the Justices to remove a force they are not bound to go by this Statute neither can an Officer arrest or imprison them by this Statute for their refusal But the Justices themselves may require them being in their presence