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 watters 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 Lordâ— 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 Holshâ—t 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 onâ—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 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 Freehold or any parcel thereof and present it for he which bought the Land before he enter ought to give notice thereof 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 Ienements 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 plowup 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 fell any such Timber this is waste Also Copy holders may cut down Wood to burn upon their Tenements or to make Reparations without waste Enquite 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
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 helonging to their Houses or 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 haâ—h lopred 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 demâ—asne 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 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 of the Mannor of H. c. holdeth one Messuage or Mannor house being the scite of the Manner 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 oâ— others by the ruine of themselves But probably the Obstructors of Peace will give me small thanks for this Oh Mounfeur 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 but declaring them fitter Obâ—ects of Reformation then Practice hey 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 Pledges 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 Original 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 is sufficient Sureties That if the Plantiff 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 Plantiffs 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
the Plaintiff either to summon the Defendant or attach his Goods which he must put in Bayl unto to appear at the next Court to answer the Defendant which is usual in trespass but in debt onely a Summons without bayl a laudable way of granting out Process in all Courts of Judicature coming neerest the purity of the original and ancient practice of the Laws of this Nation And if the Original in the Court of common Pleas were only used and the Capiat taken away or rather indeed a Sub-poena only in all Couâ—ts an Attachment to follow in case of Contempt how much vexatious charge trouble would the people of the Nation be freed from and their Estates and persons saved from the devouring clutches of those ravenous Wolves the Catch-poles and Sergeants to which honest men are often enforced subjects when perhaps nay most often less charge would end the difference then these men expose both parties unto and for which both Plaintiff and Defendant sit down losers But because it is our earnest desire to pursue peace as much as is possible with all men we shall here lay down a method of keeping a Court of Survey which if all Lords and Tenants would as if they will with a little charge they may joyn together and perfectly observe the Right and Propriety of every man might be known and registred amongst them and thereby many tedious consuming troublesome Title-Sutes at Law avoided for by this means every one might know his own and he that will not therewith be content deserves nothing The manner form and method of keeping a Court of Survey for the surveying setting forth Butting describing and bounding of any Mannor or Town with the several Tenures belonging to the same With the form of making a Terrar or Field-book and the Articles to be given in charge to the Jury in a Court of Survey Articles to be enquired of and given in charge in a Court of Survey holden for the Mannor of A. in the Parish of H. in the County of N the 8 day of May 1656. IN primis Who have or are suspected to have or keep back any of the Lord's Evdences Court-Rolls Rentals Books of Survey Teâ—rars or Writings what '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 châ—lenge intrude or encroach upon the Lands of the Lords of the said Mannors 3. Item That you set forth the Freehold 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 Freeâ—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 belong to every such House or 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 Cortages 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 Landâ— Tenements or Hered itaments 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 Cnstomary 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 right 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 metred let forth or bounded and how many Acres doe every such Common commonable Grounds waste and vacant Grounds contain by estimation and who
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 Book of that place where the Copy hold lieth renders the Widdow of the Deceased the third part of tho 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 Manner 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 Mannor 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 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 he 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 Leer 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 our-lawed for Felony cannot make a Will but if a man be outlawed 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 fold 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 seized 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
Merchant is to be publickly whipt Another penalty by the Statute of 3 Car. is three days Imprisonment without Bayl and for Mainprize and afterwards until he shall put in sufficient security not to Victual any more without License Also if any Alehouse-keeper litensed or unlicensed shall sell Beer or Ale in unsealed Measures aâ— Cans stone-Juggs black Pots or the like or in any other unsealed Measures or shall sell less then a full Ale-quart of the best Ale or Beer for a peny or take above a peny for a full sealed quarr he forfeits for every such offence 20 s. one third part thereof to the prosecutor and two parts to the poor of the Parish Honest then might well employ themselves to punish these Offenders and doing it impartially without respect of persons may do much good to the Common-wealth preventing these fellows from growing from bad to worse by putting their ill-gotten gains to Usury maugre their calling of them Promoting knaves And I doubt not but I shall have such prayers as the Chaplains of their Calling nse for my pains If any Al-house keeper shall suffer any persons to sit tipling in his house above the space of an hour he forfeits Ten shillings and the Tiplers Ten groats a piece If any Alehouse-keeper suffer any one to be drunk in his house the Drunkard forfeits 5 s. the Alehouse-keeper 10 s. Every Alehouse-keeper is to keep at least one lodging-bed in his house for the entertainment of Arangers that is the intent of Alehouses Neither is the Alehouse-keeper to take any goods to pawn of strangers or wayfaring men nor to entertain any suspicious persons but to give notice thereof to the Constable or next Justice of peace Fore-stallers Regrators and Ingrossors are here also to be presented or informed against If any one shall buy corn upon the ground or other dead victuals with an intent to sell it again out of any Fayr or Market he forfeits the value of the goods so bought and two months imprisonment of his body without Bayl or Mainprize There is also an Act of Parhament lately made concerning Corn and Meal That if any person shall sell or put to sale any Meal or Flour in his house or shop or otherwise then in the open publike Market be forfeits the treble value of the Meal or Flour so sold one half of which forfeitures go to the poor of the Parish where the offence is committed the other half to any one that will sue for the same in any Court of 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 Prosetutor 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 noreason why Anabaptists and those called Quakers and Rantors to 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 Deoimers 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 enquire 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 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 andient 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 enquirable 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 disturbance 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 Eves-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 offenders are to put in good sâ—ourity 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 orders in their houses to the breach o the peace or disturbance of their neighbours their names are to be presented All common hannters of Taverns or Ale houses having not visible estates sufficient to live upon they are here
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 Haâ— 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 suâ— to him and his heirs or heirs of his body this is not Fee-simple But if the Habendum were sibi haeredibus suis vel smis 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 remainder 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 estate 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 condition 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 seized The Law is otherwise between Joynttenants A man seizd in fee hath issue two daughters bastards and one daughter 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 suite 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 into 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 incurreth 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 fells 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 joyntâ— 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
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 â—elleth 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 giveâ— to Baron and fem in tall before marrige for c. the remainder in see a Tenancy escheateth the husband leaseth the Sâ—ignory to A. who recovereth in a Cessavit and dies his heir entert 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 tall and giveth into Baron and feme for their lives for c. fifty yeers expire Tenant in tail and the husband die the wife enters theissue 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 discised 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 Wrie of waste the wife pleadeth Nul waâ—e 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 feosment 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 they 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 wise they levy a fine J. S. dies a praecipe 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 attorns 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 â—eofment 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 releaseth 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 preventien 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 seâ— 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 tâ—is 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 defeazible 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