THE READING Of that famous Lawyer Sr. Robert Brook Kt. Upon the Statute of LIMITATIONS 32. H. 8. Cap. 2. London Printed for Hen. Twyford and are to be sold at his Shop in Vine-Court in the Middle-Temple 1647. THE WORDS OF THE STATUTE OF 32. Hen. 8. Cap. 2. of Limitations NO person shall sue have or maintaine any writ of right or make any prescription title or claime to or for any Mannors Lands Tenements Rents Annuities Commons Pensions Portions Corodies or other Hereditaments of the possession of his or their Ancestors or predecessors and declare and alleadge any further seisin or possession ofhis or their ancestor or predecessor but onely of the seisin or possession of his Ancestor or predecessor which hath beene or now is or shall bee seised of the said Mannors Lands c. or other Hereditaments within sixtie yeares next before the teste of the same writ or next before the said prescription title or claime so sued commenced brought made or had No person or persons shall sue have or maintaine any Assesse of Morduncestor Cosinage Ayel writ of entrie upon dissease done to any of his Ancestors or predecessors or any other action possessory upon the possession of any of his Ancestors or predecessors for any Mannors Lands Tenements or other Hereditaments of any further seisin or possession of his or their Ancestor or predecessor but onely of the seisin or possession of his or their Ancestor or predecessor which was or hereafter shall be seised of the same Mannors Lands Tenements or other Hereditaments within 50. yeares next before the teste of the originall of the same writ to bee brought No person nor persons shall sue have or maintaine any action for any Mannors Lands Tenements or other Hereditaments of or upon his or their owne seisin above 30. yeares next before the teste of the originall of the same writ to be brought c. Nor shall make any avowry or cognisance for any Rent suite or service and alleadge any seisin of any suite or service in the same avowry or cognisance in the possession of his or their Ancestors or predecessor or predecessors or inhis owne possession or in the possession of any other whose estate he shall pretend or claime to have above fiftie yeares next before the making of the said Avowry or cognisance All formedous in reverter formedous in remainder and Scire facias upon fines of any Mannors Lands Tenements or other Hereditaments shall bee sued and taken within fiftie yeares next after the title and cause of action fallend and at no time after the said fiftie yeares passed If any person or persons doe at any time sue any of the said actions or writs for any Mannors Lands Tenements or other Hereditaments or make any avowry cognisance prescription title or claime of or for any rent suite service or other Hereditaments and cannot prove that he or they orhis or their Ancestors or predecessors were in actuall possession or seisin of or in the same Mannors Lands Tenements and Hereditaments and at any time within the yeares before limited in this act and in manner and forme aforesaid if the same be traversed or denied by the partie person or defendant then after such tryall therein had all every such person and persons and their heires shall from thenceforth be utterly barred for ever of all and every the said writs actions avowries cognisance prescription title and claime hereafter to be sued had or made of and for the same Mannors Lands c. or other the premisses or any part of the same Provided alwayes that every person and persons which now have any of the said actions writs avowries Scire facias Com. cognisance title claim or prescription depending or that shall hereafter bring any of the said actions or make any of the said avowries prescription title c. at any time before the Feast of the Ascention of our Lord 1546. shall alleadge the seisin of his or their ancestors or predecessors and his owne possession and seisin and have also all other like advantage to all intents and purposes in the same writs actions avowries cognisances and prescriptions titles and clayme as he or they might have had at any time before the making of this Statute Provided also that if any person being within the age of 21. yeares covert baron or in prison or out of this Realme of England nor having cause to sue or bring any of the said writs actions or to make any avowries cognisances prescriptions titles or claymes that such person or persons may sue commence or bring any of the said writs or actions or make any of the said avowries cognisances prescriptions titles or claime at any time within six yeares next after such person nor being within age shall accomplish the age of 21. yeares or within six yeares next after such person now being in prison shall bee enlarged or never being out of the Realme come into the Realme And that every such person in their said actions writs avowries cognisances prescriptions title or clayme to be made c. within the said six yeares shall alleadge within the said six yeares the seisin of his or their Ancestors or predecessors or of his owne possession or of the possession of those whose estate hee shall thenclayme And also within the same six yeares shall have all and every such advantages in the same as he or they might have had before the making of this act Provided also that if it happen the said person now being within age convert baron in prison or out of this Realme having cause to sue or bring any of the said writs avowries cognisances descriptions c. to die within age or during condition c. or to decease within six yeares next after such person shall attaine his full age or be at large c. and no determination or judgement had of such titles actions or rights to them so accrued then the next heire to such person or persons shall have and enjoy such liberty and advantage to sue c. within six yeares next after the death of such person or persons now imprisoned c. insuch manner as the same infant after his full age or the said woman covert after c. should or might have had within six yeares then next ensuing by vertue of the provision last before rehearsed Provided also that if any person before Ascension 1546. sue or commence any of the said writs c. or make any avowry c. and the same happen by the death of any of the sayd parties to bee abated before judgement or determination thereof then the same person or persons being demandants or avowants or making such title prescription c. being then alive and if not then the next heire of such person so deceased may pursue his action and make his avowry c. upon the same matter within one yeare next after such action or suite abated and shall enjoy all such
a bar at large the plaintife makes title for that the same defendant in the life of his father sold the land c. to the plaintife by Indenture and delivers to him the Deed and afterwards the father dyeth within the 6. moneths and the defendant enrols the Deed within the 6. moneths by which the plaintife enters and was seised and disseised c. this is no good title upon this statute Because a man may confesse and avoid a Deed enrolled as to say that he had nothing at that time c. butnot by Infancie Ideocie Non sanae memoriae or the like and the Deed takes its perfection by the livery and not by the inrolment for if one make a grant when he hath nothing the land and he hath before attornement this doth not make the grant good and the Indenture is not an estoppell because where a man releaseth to I. N. being in full seisin yet he may say that he had nothing at the time of the grant c. And the same law is it of a lease by Indenture in the time of his father and by 12 H. 4. f. 12. a man may confesse and avoid a deed inrolled In an Assise the tenant makes a barre at large the plaintife makes title because that I.N. was seised in fee and leaseth to W. X. and T.S. for terme of life and after grants his reversion which he had depending upon the estate of T. S. to the plaintife the tenants attorne and dye and the plaintife enters and was seised and disseised and all is within 20 yeeres this is not a good title upon this statute Because the Grantor shall not have such a reversion Mayor and Comminalty by their name of Corporation and not by their proper name may make title after this Statute by 80. yeares past Because that is of their own possession and not of the seisin of their ancestour nor predecessour And the same law of Deane and Chapter but contrary of Bishop and Parson upon a seisin of his Predecessour because that is expresly within the words of the Statute Nota. DIVISIO 2da OR The second dayes Reading or Lecture Where a man shall prescribe according to the ancient forme and where not and what prescriptions shaâ— be good upon this limitation anâ—… what not A Man may prescribe thâ—â— he and his ancestors 〈◊〉 predecessors or thoâ—â— whose estate c. werâ— seised from the time thâ—â— contrary whereof c. as before thâ—â— Statute yet he shall not alledge or declare in the record of a seisin within 6â—… yeeres before the confession of the prescription yet it seemeth that he shall take advantage in evidence of the prescription of an ancient seisin before 60. yeeres with a seisin alledged within 60. yeeres without elder commencement And therefore the prescription as it seemeth ought to be elder but he cannot alledge nor declare in the record but within 60. yeeres but may enforce it in evidence at large quod nota And by the generall ancient forme of prescription it shall be intended meant as a prescription of which part of the seisin is within 60. yeares according to this Statute In a Quod permittat the plaintife prescribes in him and those whose estate he hath in the Manour of D. for common appointment from the time of King Rich. the first he may doe it well notwithstanding this statute Because the Statute doth not extend to a prescription by whose estate c. but to a prescription in him his ancestors and predecessors A Quo Warranto the plaintife prescribes in him and his ancestors for toll traverse from the time c. to have a peny for every load of stuffe carryed overmy land to his Mannour c. this is a good prescription Because this is to goe overthwart my land but through toll is to goe over the way through my land and therefore contrary there and the prescription shall serve as a new title by the usage afterwards Assise of common the plaintife made title to common appendant in the Mannour of the defendant the defendant prescribes that he c. and all his ancestors whose heire he is c. have used from the time of Rich. the first to put forth of their Commons such cattle which were not levant and couchant upon the same lands to which c. and for that that those cattle were not levant c. he put them forth c. this is a good prescription Because it is not to recover any thing but to discharge onely In a Quo Warranto c. the plaintife prescribes in him and his ancestors Lords of the Manour of D. from the time c. to take a peny for every load of through toll of those which carry through his Mannour this is a good prescription For the reasons before alledged and because it is contrary to common right In a Quo warranto the party prescribed in him and his ancestors Lords of the Mannor of D. to have cognisance of pleas and to hold plea in the Court of the Mannour aforesaid from the time of c. this is a good prescription Because he cannot prescribe in the grant of pleas Assise of land the def. disclaimes in the survey and prescribes that he and his ancestors seised of the Mannor of D. have used from the time of R. 1. c. that when such a gutter which conduceth water to such a house was ruinous to enter into this land and to repaire it and that he therefore entred to repaire this is a good prescription notwithstanding this Statute Because he is not to recover anything but to have easement because the Statute doth not speake but only of prescription to lands tenements commons rents portions pensions and hereditaments A quod permittat of common theplantife made title by prescription from the time of R. 1. c. the defendant said that he c. have been within age successively de tempore c judgement c. this shall not avoid the prescription Because this is a Law as a condition or recovery A man hath had a Faire and one Market by prescription from the time of R. 1. c. which is seised into the Kings hands 60. yeeres past by non-claime in a Quo Warranto before this Statute c. he shall never have the liberties again by prescription nor otherwise Because he might replevie them within 50. yeeres A man which had a Leet and Warren and Wreck by the Kings grant made no claime to the same before the Justices in Eyre 62. yeeres past by which his liberties are seised into the Kings hands and yet he and his heires continually used the same afterwards and in a Quo Warranto his heire made title to that by prescription according to this limitation he shall not have his liberties by this prescription A man hath had catalla felonum fugitivorum from the time of R. 1. c. and hath had allowance in Eyre and afterwards makes his
life to him 52. years past by his deed c. judgement c. and this is a good bar and shall be tryed notwithstanding the Statute c. and this notwithstanding that it was in the life of the auncester and without answering to the dying seised Because the Writ and Declaration is but a supposall and the barre is matter in fait A fine is levyed of land which is ancient demeane and after I. H. brings a Writ of right close in the Court of ancient demeasne and recovers the land upon issue upon the seisin against the tenant in taile which dyeth his issue shall be bound by this tryall Because it is not void but voidable because it is impleadable there by a part right patent and it is but one writ brought for another An Assise the tenant saith that the great Grandfather of this plaintiffe infeoffed W.N. who infeoffed the tenant 32. yeares past iudgement c. this barre shall be tryed notwithstanding this Statute and notwithstanding that the Plaintiffe had dyed Because that this matter in fayt and the writ and plaint is but a supposall Cessavit supposing the tenure by fealty and two shillings rent the tenant said that J.M. whose estate the demaundant had in the signiory after the ancient limitation and before the Stat of Westm. 2. enfeoffed the prior of D. to hold in frankaliens to hold by all services by the deed which he shewed c. whose estate he had in the land to hold quite for all services judgement c. this is a good barre notwithstanding the seisin afterwards and shall be tried notwithstanding the Statute 31. E. 3. Fitz Cessavit 22. Avowry for suit of Court to every two Courts and at the third to goe free and alleaged seisin the Plaintiffe said that he and two others held joyntly 3. acres of land of the defendant by suit of Court Vnde c. 60. years past the defendant brought a Cessavit against them and he another after and the third made a default after default wherefore the defendant reiceived a third part had execution in severalty judgement c. this is a good baâ—… and it shall be tryed notwithstanding thatthis is out of the limitation Because the Lord cannot take the suit and be contrary to the suit Assise of lands in D. they are at issue upon the seisin the assisse finde for the Plaintiffe and thereby he recovereth the tenant dieth and his heire brings a precipe against the Plaintiffe in the assise of land in D. the Plaintiffe in the assise pleades the first recovery of the same lands in D. and averreth that all is one and the same land the demaundant shall not be bound by the first tryall 14. E. 3. p. 9. A man recovers in a precipe in the Common pleas land in the Cinque-ports upon issue upon the seisin the tenant dyeth his heire brings an action in the Cinque-ports of the same land he shall be bound by the first tryall 9. H. 7.12 In the County Palatine a Commission in Ayre issued and after another Commission in Ayre issued who repealed the first and I.N. recovered land upon issue upon the seisin before the first Commissioners the tenant dyes his heire shall be bound by this seisin in an action brought before the last Commissioners Because the first Commission is notdetermined before Proclamation or notice given to the first Commissioners 34. E. 3. p. 1. A man recovers in banco land which is in Lancaster upon issue upon the seisin the tenant which lost brought another action against the demandant at Lancaster he shall not be bound by the first triall 9. H. 7.12 Because it was coram non judice breve Rs. non currit A man leaseth for life a man brings a precipe quod red of Rent against the tenant for life by covin and recovers upon issue upon the seisin the tenant for life dyeth he in the reversion shall not be bound by this tryall Because a feint recovery shall bee avoyded by the Statute of 32. H. 8. and by this Statute the party and his heires shall be bound and he it the reversion is not heire A Cessavit by tenant in tayle they are at issue upon tryall of the seisin which is found for the tenant who hath judgement the demandant dyeth his issue shal not be barred by this tryall to make an avowry or to have another Cessavit afterwards Because this is none of the actions which is spoken of in the Statute and also the judgement is that hee shall be barred of the land and not of the seigniory and upon a new Cessavit the heire may averre a Cesser and the issue was upon a Cesser in the seignory and the Statute speakes of a seisin of the thing demaunded which is the land and not the seigniory Dowre they are at issue that the husband was never seised which is found against the demandant by which shee is barred her sonne and heire of her and her husband brings a Mortdancester against the same tenant he shall not be barred by the first tryall Because the first judgement was onely of Dowre and not of title and the heire claimes as heire and not as heire to the mother Lord mesne and tenant the tenant holds by fealty and sixpence and the mesne by homage fealty escuage andtwelve pence the measne makes an avowry upon the tenant for fealty sixpence and alleageth seisin of the fealty and rent in his father which is found and tried against him and iudgement given by this tryall the Lord may distraine the tenant and make avowry for homage fealty and 12 d. Because the Statute saith that by the tryall the measne and his heires shall be barred of all avowries and claimes therefore the menalty is gone and the tenant shall hold of the Lord which is his owne act as a Release Foreiudger and the like and claime extends to all interrests tamen quere because it seemeth that hee shall not be barred but onely in the action in which the tryall is Lord and tenant the Lord avoweth the Plaintiffe traverseth the seisin which is found for him and he hath iudgement and recovers dammages the Lord cannot bring a precipe quod reddat of the same rent against the Plaintiffe Because the Statute saith that that shall be a barre of all avowries andclaimes after yet it seemeth that the the law is contrary and that he shall be barred onely in his action Juris utrum passeth against the person upon the tryall of a seisin his successor shall be barred by this tryall Because within the equity of the Statute The seventh Lecture What Infants Feme Coverts and the like shall have actions and shall be aided by this Statute c. TWo joyntenants have cause of a Writ of entry upon the ancient limitation tempore statuti whereas one was imprisoned tempore statuti and after he which was imprisoned dieth the other shall not have an action within sixe moneths upon
doth not lye Because he is to recover the villein and a termor shall not have his action by Fitzherb quaere inde butis a writ of Right in its nature or an action possessorie at the least A writ of Ne injustè vexes brought against the Lord to avoid an incroachment gained 61. yeares past the action lyeth Because it is onely to discharge the land and to recover nothing and yet it is a writ of right A man brought a writ of Mesne upon a deed of acquitall made 61. years past the action lyeth Because it is onely in discharge and is to recover nothing and is not properly a writ of right because battell nor grand assise doth not lie in it and he shal recover nothing but his acquitall and he is supposed in possession of his acquitall and it is not of the possession of the plaintife because it may be that neither he nor his ancesters were never acquited and that the Lord Paramount never demanded the services untill now and therefore the action is not restrained One brought a Quare Impedit and declared of the seisin of his ancestour 61 yeeres past by presentation and that afterward the Church became void and the Bishop presented by lapse and now his Clarke is dead c. the action well lyeth Because the avoidance which is the title is within the time of limitation because the lapse did not set him out of possession and he shall recover the presentation A man brought a Quo jure and declared of a time 61. yeares past the action lyeth Because though it be a writ of Right yet it is onely in discharge and to recover nothing A Warrantia Chartae is brought by one Quia timet implacitari and declares upon a warrantie made 61. years past the action well lyeth Because he shall recover nothing but his warrantie and if hee lose afterwards then he shall have in value by a Scire facias which is another action and also he must vouche afterwards c. and if he be impleaded in an Assise he shall give notice c. so that there shallbe other circumstances before that he shall recover A man brought an Assise of Nusance and declared of a Nusance levied by the defendant 32. yeeres past the action well lyeth Because he shall recover nothing but remove the Nusance A man brings a Quid juris clamat or a Per quae servitia against the tenant upon a fine levied of a reversion or services 62. yeeres past the action lyeth Because the reversion and services are in him and he demands nothing but attornement A Formedon in the Discender is brought of cause of action accrued 62. years past and within 60. yeares the action doth not lie Because that is an action possessorie and not a writ of right ut videtur Vide Dyer 278. 291. that a Formedon in Reverter and Remainder is not within the statute because the gift is the title A writ of Waste is brought of waste made 60. yeeres past the action lyeth Because no land is expresly demanded and he declares of no seisin A man brought a plaint in a base Court of customarie land and made protestation in the nature of a writ of Right at the Common Law and declares of a seisin 61. yeeres past the action doth not lie Because this is ruled by the equity of this Statute and so it was by the ancient limitation and also the declaration is in the nature of such a writ at the Common Law and every writ at the Common Law is ordered by this Statute Yet quaere whether this Statute extend to Copieholders as to the avowrie for services for it seemeth that it doth not but onely to free-holders because they shall not alledge seisin in his or their auncesters according to the words of the Statute but onely in the Lord A man brings a plaint in a priviledged Court or in Wales or in the Cinque-ports where they have authority to hold pleas per querelam and declares upon the ancient limitation it lyeth well Because the Statute speaks of the teste of the Writ so that it must be by Writ which this is not A man brought a writ of right close in ancient demeane he cannot declare of the ancient limitation Because the Statute speaks from the teste of the Writ In a writ of right of Warde the plaintife declared of seisin of service and seigniory c. 61. yeeres past and that his tenant died his heire within age and that the defendant deforced him this is a good declaration notwithstanding the Statute Because he was possessed of his seigniory until the deforcement which is within 61. yeeres and he shall recover but a chattell onely A man recovers certaine land by a Praecipe quod reddat or by another action the tenant dieth his heire enters the 61. yeares passe the demandant or his heire may have a Scire facias to execute the judgement Because this is not an action possessorie nor in the droit but a writ of execution and therefore out of the Statute A woman brought a writ of right of dower of the seisin of her husband 61. years past the action lyeth Because that is not of her owne seisin nor of none of her ancestors nor predecessors neither is it an action possessorie and it is not prohibited by the statute A writ of Right of Disclaimer is brought and declareth of a Disclaimer 61. yeeres past this is a good declaration Because it is not of the seisin of his Ancestour nor predecessour but ratione dominii because this seisin shall be referred to the land and not to the seigniory as appeareth by expresse words of the Statute in the end of the third Article because the Statute speaks where he or his ancesters or predecessors were seised of the same land or tenements or hereditaments within 60. yeeres And also the Writ doth not demand land and yet it may recover land Tenant by the courtesie of England of a Mannour with estovers appendant is disturbed and after is outlawed of felony the King enters by office the tenant by curtesie dyeth 61. yeares after the utlawry the heire shall not have a Quod permittat Because it is a writ of right and to recover the common of estovers and the time is past and in this action he shall alledge seisin A man seised of an advowson presents and his Clarke is instituted and inducted and dyeth 61. yeeres after this statute the patron presents and is disturbed and he brings a writ of right of advowson he may declare of a seisin 61. yeeres past notwithstanding this statute Because he shall recover possession of the advowson and the possession of the presentation afterwards is a seisin for the patron in the patronage and also in this case he was seised within 60. yeares because he was seised untill the usurper disturbed him and that was within 60. yeares A Formedon of ten acres of land which passed against the tenant and judgement
claime in Eyre by prescription c. he shall not have those liberties c. Because a man cannot prescribe in those things which touch the Crowne A man hath had a Faire and Market by prescription certaine dayes and afterwards the King grants the same liberty to him by his Letters Patents 40. yeeres before the Ascension 1546. and in a Quo Warranto a month after the Ascension c. he makes his claime to that by prescription by an usage before c. this is not a good prescription upon the matter Because the grant determines the prescription as an obligation determines a grant or contract A man prescribes that he c. ancient tenants of D. and all lands of D. from the time of R. 1. c. have been quit of toll this is a good prescription notwithstanding this statute Because that it goeth in discharge and to recover nothing In a Serta molendini the plaintife after Ascension c. made his declaration that he and all those whose estate he hath in the Mannour of D. have had suit of their tenants to their Mill within his Mannour from the time of R. 1. this is a good prescription Because he prescribes per que estate which is not restrained by the Statute Assise of Common the plaintife prescribes that he hath been seised of Common for all cattell in the place where c. by all the time of this limitation this is not a good prescription Because the Statute sayes that he shal not make prescription but of the seisin of his auncestors or predecessors within 60. yeares before the making c. and his ancestour was not seised within the 60. yeares but himselfe c. such a prescription is not warrantable either by this Statute or by the Common Law In a Replevin the defendant prescribes in him and his auncesters to have amerciaments of all his tenants of D. fromthe time c. in quibuscunque curiis and may distrain make avowry for them this is a good prescription upon this Statute notwithstanding that it be of an amerciament in Curia Regis In a Quo Warranto the plaintife makes his title by prescription in him and his auncestours that they have used to have waifes from the time of c. and to retaine them notwithstanding fresh suit from the time c. this is no good prescription Because it is contrary to common right and cannot have any lawfull beginning A man makes a prescription in trespasse c. that he and his auncesters from the time c. to have the escapes of cattell in another mans land in driving to such a Park without amends made from the time of Rich. 1. this is a good prescription notwithstanding this Statute Because it is not to recover any inheritance but onely by way of discharge An Assise of Nusance for stopping of water by reason whereof 20. acres ofland are surrounded the defendant prescribes that he and his Auncesters Lords of the Mill of Dale have used from the time of R. 1. c. to stop during the re-edifying and repaire of their Mill this is a good prescription Because it goeth by way of easement and to recover nothing A man prescribed that hee c. Lords of the Mannour of D. have had â—… way over the land of another partie from the time of R. 1. c. to the Church of D. this is a good prescription Because it is neither tenement nor he reditament but easement because an Assise doth not lye of a way nor if a man give omnia tenementâ— hereditamenta sua the way doth not passe In an Assise a man prescribes in common c. in him and his auncestors de tempore c. upon which they are at issue and it is found that he and his ancestours have beene seised by 10. years and have been disturbed by another 10. years alternis vicibus de tempore c. he shall not recover upon this verdict and prescription Because the interruption is equall with the seisin In an Assise the tenant prescribed in him and his auncestours tenants of such land in D. to enter into the land of the plaintife and to abate the Nusance as often as the plaintife or his auncestours estop such a river de tempore c. this is not a good prescription Because where the Common Law will serve him he shall not prescribe 9 Ed. 4. Quo Warranto the Bailiffes and Comminalty of S. claim to make Fraternities of themselves by Master and Brethren by usage de tempore c. and the same being so made shall so implead and be impleaded c. this is no good prescription upon this Statute 9 E. 4.3 An Assise by Master and Confreres of D. the defendant said that there were no Master and Confreres there the plaintife said that he and his predecessours have been Masters and Confreres there and capable by that name and have used to implead and be impleaded by that name from the time of R. 1. and continually afterwards this is a good prescriptionafter this Statute c. Because he cannot prescribe in a Corporation and this prescription is to enable him and is not made to the land and therefore out of the case of the Statute Lord of a Mannour and tenant by homage fealty and 10. shill. rent the Lord releases the services of the tenant saving the rents and afterward is seised of the rent and disseised and brings an Assise and makes title that he and his auncesters c. de tempore c. have been seised of the rent this is a good prescription upon the Statute 31 E. 3. p. 33. Because in a rent service a man shall not prescribe because he may make another title by the Common Law contrary for a rent seck In a Replevin the defendant avowed because that it had been used by him and his ancestours whose heire c. Lord of the Mannour of D. for to distreine for Heriot custome upon the death of every tenant of the Manour de tempore c. and for Heriot custome after the death of I.W. c. he avoweth c. this is not a good prescription upon this Statute Because for Heriot custome the property is in him and he may seise it and may have an action and a man may not prescribe in his owne goods Dower by a woman the defendant said that the husband was attainted of felony c. the plaintife said that it had been used in this Manour from the time of R. 1. that the wives of a man attainted shall have dower this is a good prescription upon this Statute 8 H. 3. the like in Gavelkind of which the heire shall inherit And this prescription is not made of the seisin of him nor of his ancestours and therefore out of the case of the Statute A replevin for an amerciament in a leete for not comming to be sworne to the King the defendant prescribes that the usage is there to be
man is the Kings Baily makes cognisance for xx s. rent against the plaintife and declares of seisin in the King by the hands of the plaintife 60. yeares past this is a good cognisance Because the King is not bound by the Statute Avowry for x. s. Amerciaments in a Leet for breaking of the assise of bread and beare 50. yeares past this is good Because it is not for rent custome nor service A man graunts a rent charge of x. li. payable yearely at Michaelmas and if it be behinde fourteen dayes then to distraine aswell for the Rent as for xx s. nomine penae in this case if it be behindeby 14. dayes 50. yeares past the grantee may distrein and avow for the penalty but not for the rent Because out of the case of the Statute In a Replevin the Defendant said that W. leased the Mannor of D. to I. N. for terme of life and he as baily to the said I. N. distreines for rent due 51. yeares past and this day the said I. S. dyed and the Tenant that now is had sued a Replevin this is a good justification after this limitation notwithstanding this Statute Because this is a justification c. and the Statute 32. is that the Executor may make an avowry or have debt but the avowry of the party is determined by his death Tenant in tayle aliens in fee an ancestor collaterall of the donor releaseth with warranty and dyes without issue the donor distraines and avowes for the rent upon issue in tayle and not upon the feoffee for the arrerages due within 50. yeares and after the feoffement this avowry is not good upon this limitation Because that notwithstanding that hee shall not be driven to avow upon the feoffee and the feoffee connot plead the matter and the warranty doth not extend to service yet the service is incident to the reversion which is determined by the collaterall warranty descended and by the grant or release of the reversion the rent passeth and it appeareth 31. ass tit. Reservation 11. that the services cannot be taken from the reversion by grant because they are incident and the rent passeth not but as a rent seck of which no avowry lyeth and therefore a determination of the reversion is a determination of the rent Lord and Tenant by Harriot the lessor distraines and avowes upon the heire for Harriot of the Grand father and for Harriot of the Father of the plaintife upon a seisin 50. yeares this is a good avowry upon this Statute Because all is upon one survey Lords measne and tenant and every one holds of the other in chivalry the tenant goeth with the King into Scotlandby the common summons of the King and the measne doth not goe the Lord distraines and avowes upon the measne for escuage by a seisin within 50. yeares c. this is not a good avowry upon this Statute notwithstanding it bee within 50. yeares Because the avowry of the tenant shall serve the measne because that if the tenant doe the service that sufficeth Lord and Tenant the Tenant disclaimes in avowry the Lord dyeth the son distraines and alleageth seisin in the Father within 50. yeares and avowes for rent due to him within 50. yeares this is a good avowry upon this limitation Because the son cannot have a Writ of Right upon disclaimer upon a disclaimer made in the life of the father An avowry for that I. S. holds three acres of him by fealty and a Hawke which was arer. by x. yeares and that afterwards he enfeoffed the plaintife of one acre which was in arer. by two yeares and he comes and distraines theCattle for all the arrerages for x. yeares and avowes for two Hawkes for two yeares due that is to say x. cattle for one rent and two for another and alleageth seisin within 50. yeares c. this is a good avowry upon this limitation 22. E. 4. Because that every acre is charged with the entire arrerages which was due before this feoffement and every one shall hold by one Hawke after the feoffement and so now hee shall have two Hawkes and he may charge the feoffee with the arrerages of all Avowry for ayde to make the son a Knight the Land is of the value of x. li. by the yeare which is holden in Soccage and the son of 15. yeares of age c. and alleageth seisin within 50. yeares the plaintife pleads a release made by the Lord to him by 9. yeares past of all sutes services and demands besides fealty and x. s. rent this is no good avowry notwithstanding this matter Because that that which is incident cannot bee released by generall words 40. E. 3.14 A man distraines for ayde to marry his daughter 51. yeares past the Tenant cannot sue a replevin untill after the one and fifty yeares the Lord upon the matter makes an avowry for ayde due 51. yeares past which is out of this limitation yet this is a good avowry notwithstanding this Statute Because the ayde is incident to the tenure and is not rent sute nor service A village is assessed to x. li. for the fees of the Knights from the beginning of the Parliament 51. yeares past and cannot agree of his taxe betwixt them by which the Sheriffe distraines the village and makes an avowry for this summe due 51. yeares past this is good Because it is not rent sute nor service Fitz. Avowry 13. E. 4. The Guardian endowes the feme the time of the second husband reserving 3. s. rent by the yeare for equality and makes an avowry for the rent against the feme after the death of the second husband and alleageth seisin within 50. yeares the avowry is not good upon this limitation 17. E. 3. Because the woman was covert tempore c. and it is not like a rent reserved upon partition c. Replevin the defendant avowes for that that he leased his Land after this Statute to the plaintife at in c. for the yearely rent of xx s. per annum at to and in and for the rent due at in c. and within 50. yeares after he distraines and avowes this avowry is not good by this Statute c. Because when the terme is ended he cannot distraine I. N. holds of W. S. two acres of Land by 2. shillings and 3. other acres by 3. shillings the Lord distraines two Cattle in one Land and two in another and avows for 5. shillings by seisin within 50. yeares this is not good Because he shall make two avowries Lord and Tenant of three acres of Land holden by 3.d rent the Tenant leaseth one acre to the Lord for 12. yeares the Lord distraines in the other two acres and makes an avowry for two pence upon this limitation this avowry is not good Because a suspension for part is a suspension for all but by the extinguishment of part the rest shall be apportioned Nota differentiam Lord and two joyntenants by fealty
2. s. and sute of Court the Lord brings a Cessavit against both and hath execution and distraines in the other moity and makes an avowry for sute upon a seisin within 50. yeares according to this Statute this avowry is not good Because by this recovery and execution the entire sute is gone because he cannot be contributory to himselfe contrary of a rent because that shall be apportioned note the difference Lord and Tenant by fealty and foure shillings rent the Lord releases the rent to the tenant and to the heires of his body the tenant dies without issue the Lord distraines his next heire and makes an avowry upon this limitation for rent due after the death of the Tenant the avowry well lyeth Because a release for one houre to tenant in fee-simple as to the title of the Land is good for ever and yet contrary of a rent Fitz Voucher 120.13 E. 3.92 because that was his estate in the rent and so is it there adiudged Lords measne and tenant every one holds of each other by iiii d the Lord releaseth to the Tenant all his right in the Land and after the measne distraines and avowes for iiii d upon the tenant upon this limitation the avowry doth not lie Because by the release the moity is extinct Lord and Tenant by fealty and iiii d rent the rent is behinde the Lord disseiseth the Tenant of the same Land and continueth possession by a yeare and after the tenant recovers by an Assise the Lord distraines and makes an avowry for arrerages due before the disseisin upon this limitation this is a good avowry 8. E. 3.37 Because all is received by the recovery and nothing shall be recompted but that which is before the unity A man hath issue a son and a daughter by one Venter and a son by another and is seised of two acres of Land and grants x. s. rent charge in fee out of one to the son the son dies without issue and after the father dyes the daughters enter and make partition and the acre charged is allotted to the youngest the eldest daughter distraines his sister and makes an avowry upon this limitation for 5. s. this is goods Because nothing is extinct but the moity of the rent for nothing is descended of the Land to the eldest daughter but the moity of the land but the entire rent is descended to him 34. E. 3. Quintons Case A man makes one Steward of his Mannor and gives x. li. fee to him with distresse officio suo exequendo with manger and boyer for terme of life and the Steward leaseth the fee and the manger and boyer to the Lord of the Mannor for foure yeares rendring to him 12 li per annum with clause of distressein the Mannor by deed indented the Steward doth not keep the Courts and afterwards distraines for the 12 li and makes an avowry upon this limitation the avowry doth not lie Because it is extinct by the nonfeasance of the services c. 20. E. 4.12 because when the Rent comes by reason of the Land there a lease to the Lord is a suspension but contrary where it commeth ratione personae per Curiam Tenant in taile aliens in fee with warranty and leaveth assets and dieth the issue is barred in a formedon the donor destraines and avowes upon the heire in taile of the seisin within 50. yeares the avowry is good upon the Statute Because this is nothing to the doner The fifth Lecture Of Formedons Whereas the Statute is that Formedons in reversion shall be brought within 50. yeares after title and cause of action accrued It is to be seen to whom action shall be said sufficiently accrued to take advantage of the Statute and from what time the 50. yeares shall be accounted è contra A Man lets Land to one for life the remainder to his own wife in tayle and dyeth the Tenant for life dies and I. N. enters Action is not accrued to the wife to have a formedon in remainder within the 50. yeares Because a gift immediat to his ownewife is not good but contrary of a feoffement to an use or a demise but if he in the remainder be not capable at the time of the livery hee shall never bee as in the case of Rikhill A man lets for life the remainder of I. N. in fee I. N. enters in religion the lessee for life dies the brother of I.N. enters and commits felony and is attainted the Lord enters for an Escheate I.N. is deraigned before 30. H. 8. no action of formedon in the remainder is accrued to him Because it was executed before in his heire and the forfeiture for felony is executed also and religious persons shall not be capable by the Statute of 31. H. 8. A man leaseth for life the remainder to Deane and Chapter and to the heires of the Deane the Tenant for life dies I. N. enters the Deane and Chapter which then were die and others are chosen action is accrued to the heire of the Deane by a formedon in the remainder but not of all Because he had but a moity only A man leaseth for life the remainder in taile the tenant for life alieneth in fee no formedon in remainder is accrued to him in the remainder Because tenant for life is yet living and during his life a formedon lyeth not Lord measne and tenant the measne graunts his menasltie for terme of life the remainder over in taile the remainder over in fee the tenant attornes the terr tenant brings a Writ of measne against the measne for terme of life and forejudges him the measne for life dyeth a formedon is not accrued to him in the remainder Because the tenant of the Lord paramount by the forejudger and all the remainders is but the same seigniory because that albeit forejudger doth not lie against tenant for terme of life nor against tenant in tayle nor a feme covert yet the judgement is not void but error and the action doth not lie untill judgement reversed and in remainder by equity of the Statute which speakes of reversions 9. R. 2. cap. 3. A man gives Land for terme of life the remainder in fee the tenant for life is disseised the Lord brings a Writ of Right the Lord disclaimes against the disseisor and recovers upon the disclaimer the tenant for terme of life dyeth the Lord enters action is accrued to him in the remainder by a formedon in remainder Because that he in the remainder is not bound A man gives in tayle to I. N. who leaseth for life and enters and dies without issue 60. yeares before Ascension 1546. the tenant for life dyes 26. yeares after he in the reversion may have a formed on in reverter post I. N. habit religionis assumpsit Because the Register warrants or formedon in discender and reverter but quaere of a remainder and the action doth not fall untill after the death of tenant for life and
life brings a Writ of errour and reverseth the judgement and an estranger enters and he in the remainder brings a formedon 60. yeares after the death of tenant for life the action well lyeth by the branch of this Statute which speaketh of 50. yeares Because the action is not accrued untill after the reversall and a Writ of error is not an action nor a release of actions is not a plea in this and he in the remainder shall have error by equity of the Statute by him in the reversion A man grants a seigniory in grosse to one in tayle the remainder over in fee by Fine the Tenant attornes and after aliens in Mortmaine the Tenant in tayle enters and makes a feoffement of the Land and dies without issue no Scire facias is accrued to him in the remainder of the Land nor of the Rent Because the Land was not given and the seisin was determined by the entryof the Tenant in tayle and the Statute of Mortmaine saith that Capitalis Dominus intrabit retinebit in feodo and therefore is a perquisite to him and the Booke of 44. E. 3. is no rule that a Scire facias shall lie of the tenancy in lieu of the services A man leaseth for life the remainder over in tayle the Tenant for life leaseth to Tenant in tayle for the life of Tenant in tayle who dyeth without issue the Tenant for life enters a sormedon in remainder is not accrued to him in the reversion Because the lease of the Mannor is not a surrender nor forfeiture tit. dowre Fitz. Park fo. 20.7 H. 6.4 A man leaseth for life the remainder in tayle the remainder in fee the Tenant for life grants his estate to him in the remainder in tayle and to I. N. he in the remainder in tayle dies without issue action of formedon is not accrued to him in the remainder in fee Because the tenant for life and I. N. are living and it is no surrender for the advantage of the survivor I. N. Gascoignes case 7. H. 6. The sixth Lecture Seisins and Trials What proofes upon such issues limited by the Statute shall be sufficient and contrariwise and what trials upon that shall be good e contra and who shall be bound by them and who shall take advantage and where the party may refuse the triall e contra And what maâ—ters shall lie in triall notwithstandstanding this Statute as before this Statute e contra DOwre they are at issue that the husband was never seised of such an estate of which she was dowable c. the wife proves seisin 61. yeares before the teste of the Writ this a good proofe of the seisin to recover notwithstanding this Statute Because that this is of the seisin of the husband and not of the party her ancestors or predecessors In an assise of Common they are at issue ne unque seise so that he might be disseised the plaintife said that I. N. was seised and grants to him in fee and because he had not Cattle of his owne hee puts in Cattle of others with the assent of the grantor this is a good proofe of the seisin to have an Assise 22. E. 3. p. 84. Dowre of rent they are at issue ne unque seise the plaintife prooves that the rent was granted by the husband in fee upon a proviso that if he die his heire within age that the rent shall cease during the nonage the father dyeth the son within age and takes the demandant to wife and dies before 21. yeares of age this is no good proofe of feisin Because the rent had not essens during this time and it is not like the case of 24. E. 3. where she was endowed with a cesset executio because there the husband was seised indeed and it is not like a Dowry of a seigniory in suspence as where the Lord marryeth his Tenant which is a woman he dies she shall be endowed of the seigniory but here the rent ceaseth by matter in fayt and not by matter in Law Dowre The parties are at issue upon ne unque seise c. the demaundant proves a lease for life made by an estr the remainder to her husband in tayle the tenant for life leaseth to the husband for life of the husband the husband dies the tenant for life enters and she brought dowre this is no proofe of the seisin Because it is no surrender nor forfeiture and the tenant for life which leaseth shall have the reversion in this case In dowre they are at issue upon the seisin the tenant shewes that the husband was his villeine and purchased wherefore he entred upon the husband the Plaintife sayes that this purchase and entry was during coverture and the husband dyed c. this is a good proofe of seisin to have dowre Because the title of the Lord is not untill his entry and therefore the wife had the elder title A woman hath issue a son and consents to the ravishor the mother leaseth to the son for terme of life by deed poll the son hath issue dies the mother enters the issue brings a Mortdan and theyare at issue upon the seisin the issue gives all the matter in evidence for seisin in fee upon the lawfull entry of his father this is no good proofe of seisin Because that he which hath but a title of entry and not a right of entry cannot be remitted In an Assise they are at issue upon Ne unque seise c. the Pl ' gives in evidence that I.N. holds the Land of him and was attainted of felony and that the King should have annum diem vast and grants it over the defendant enters upon the grauntee within the yeare and the Pl ' brings an Assise within the yeare this is a good proofe of the seisin Because he can have no other seisin during that yeare Assise they are at issue upon Ne unque seise the plaintife gives in evidence that the Land is demisable c. and that I. N. his testator was seised and demised to him being his executor to sell c. and dyeth the plaintife enters and the defendant ousts him and he brings an Assise this is a good proofe of seisin per judicium Because he had the fruit against anestranger untill the heire may espy a forfeiture and makes actuall entry Tenant by the courtesie of a rent charge granted to his wife in fee to bee paid at Michaelmas his wife dies before the feast he makes an Avowry the Tenant traverseth the seisin which is found for him the Tenant by the courtesie dyeth the heire of him and his wife distrain and makes an Avowry upon the same grant he shall not be bound by the same triall Because the judgement is only to recover damages and he claimes as heire of his mother and not as heire to the father and avoweth by the grant for the seisin is not materiall And because that he in the
reversion may fanxesie the recovery in another point which was not tryed as to say that another had title to the seigniory and not the avowant and so the seisin void In a Mortdauncestor the Tenant traverseth the seisin the Jury finde that the grandfather dyed seised and that afterwards the father of the demandant dies before that any stranger enters and afterdies and the Tenant abates this is good proofe of seisin but yet it shall not serve but this triall shall binde the demandant c. Because the Stat. speakes of an actuall seisin and this is a seisin in Law Lord measne and tenant the Tenant traverseth the seisin in an avowry against the measne which is tryed for him and afterward forejudgeth the measne there the Lord may distraine and make avowry and shall not be bound by the said triall Because he avoweth for his seigniory and he is not heire to the measne A woman seignioresse measne and tenant the measne is bound to acquittall she takes a husband the tenant releaseth to the woman and his heires acquit the husband and wife have issue the wife dies the tenant brings a Writ of measne against the husband contrary to his acquittall by prescript in the wife and her auncestors the husband traverseth the seisin which is found against him and hee dies the heire shall not bee bound by this tryall in another Writ of measne Because he hath a release to plead and hath the menalty as heire to his mother and not as heire of his father and may falsifie ut supra And this action is not to recover Land Tenements nor Hereditaments but goeth by way of discharge Tenant for life the reversion to another in fee is impleaded by a praecipe c. and traverseth the seisin which is found against him upon a faint title by covin and the demaundant recovers the Tenant for life surrenders he in the reversion shall be bound by this triall viz. during the life of the Tenant which surrenders and not afterwards notwithstanding the Statute of 32. of Recoveries by covin as where Tenant for life grants a rent and surrenders c. And Nota that he in the reversion may falsifie in a title in another point which was not tryed but he which may have an attaint cannot falsifie in the same point which was tryed and he in the reversion may have an attaint and error by the Statute of R. 2. and this recovery is as a purchase A Segniory is given to two and to the Aires of one he which hath the fee dies hee which survives distraines and makes an avowry the tenant traverseth the seisin which is found for him the Defendant dies and the heire of the other distraines and makes an avowry upon the same seisin he shall not be bound by the first triall Because the first judgement is not to be barred of the seigniory but onely to recover dammages and also hee is not heire to him which was party to the trial but to another which had the fee yet he had a reversion at the time c. And he in the reversion and those which may have error or attaint are bound by the common Law and shall not falsifie the point which was tried by verdict contrary in other points and contrary of them which cannot have error nor attaint note the difference by many books and by the Statute of 9. R. 2. c. 3. A feme Covert brought a Writ of Aile after Ascens c. the tenant traverseth the seisin which is found for him and after the husband and wife die and the heire brings a Writ of cosenage he shall be bound by this tryall Because albeit the barre be at liberty yet it is contrary of the wife An Infant brings a precipe by Attourny as a man of full age the tenant said that he is an infant judgement if he shall be by Attourney and yet the Court admits him by Attourney the tenant traverseth the seisin which is found for him the demandant and his heires shall bee bound by this triall for ever Because this is not errour and an infant is not excepted in the Statute Lord and tenant the tenant is disseised the Lord brings a Writ of Customes and services against the desseisor who traverseth the seisin which is found against the Lord the desseisee reenters the Lord distraines him makes an avowry upon the first seisin the disseise shall have advantage to barre him by the first tryal Because he made plede per que estate and bind the Lord because the judgement was given against the Lord and so he barred A man seized in right of his wife makea feoffment in fee the husband dies the feoffee is impleaded and traverseth the seisin which is found for him the wife brings a cui in vita and recovers the demandant in the first precipe brings another precipe against the woman she shall have advantage of the first triall Because the demaundant was once barred and so his right extinguished A man makes a feoffment in fee upon condition the feoffee is impleaded after Ascention c. and traverseth the seisin which is found for him the feoffor enters after the condition broken the demaundant brings a new Writ against him the feoffor shall have advantage of the first tryall for the reason aforesaid Avowry by the Lord upon the tenant for x. s. rent and alleageth seisin within 50. yeares the plantife alleageth a confirmation by the deed of the father of the Lord 60. yeares past tenend. by iiii d for all rents and services besides fealty this is a good barre notwitstanding this Statute Because the Statute saith onely that a man shall not have a writ nor makea prescription title nor claime beyond that limitation but it doth not speak of bars in defence of possession and therfore it seemeth that the eldest barre shall be tryed by the intention of that Statute because the words of the preamble are that the eldest seisin shall not be disturbed Avowry for Rent upon this limitation the Plaintiffe pleads a Release of all actions made 51. yeares past by the Avowant to the Plaintiffe this is a good Plea and shall be tried notwithstanding this Statute Tit. bar in Fitz. 8. H. 6.10 27 E. 3. ibid. that it is a good barre Lord and tenant of 3. Acres of Land by fealty and two shillings the Lord distraines in the Acre and avoweth for xii d the Plaintiffe saith that 60. yeares past he leased the other Acre to the Lord for 60. yeares which are yet induring judgement if hee shall avow for any thing in the other Acre during the terme this is a good Plea and shall bee tryed notwithstanding that it be out of the limitation Because a suspention of part is a suspention of all contrarie of an extinguishmentof part because there may be an apportionment in that case A Mortdancester of a seisin within 50. yeares the tenant said that the demaundant himselfe leased for terme of
if no such act had been made that would not serve because if no such act had been the seisin of the King by matter of Record extinguisheth all seigniories but the words of the act of the 1. suppression are saving to all estrangers their titles as if the Abbe had been living not a diver si tat A man is attainted of Treason by Act of Parliament and after the heire is restored in as high a manner as if no such attainder had been the Lord distraines for his Rent and rescous is made 32. yeares past the statute comes the Lord is imprisoned he had good cause of action for the Rent to have advantage of the 6. yeares Because all is revived as in the case of a condition c. A man holds of his sonne by 3. s. and dieth the sonne enters by which the seigniory is extinct and endoweth his mother of the third part of the land the Statute commeth the sonne beyondSea he hath cause of action of the third part of the Rent within the 6. yeares upon the ancient limitation if he be debtor 34. E. 3.15 that the wife is in by the husband and the seigniory was determined by the act of the Law and not by the act of the Lord as a purchase therefore she shall be attendant for the third part of the Rent What causes of action shall serve those which were infants and covert and the like tempore statuti what not A man gives land in tayle reserving Rent dieth his wife is endowed of the Rent the tenant in taile dieth without issue the heire of the dower enters and defeceth the wife of the Rent 52. years before the Statute and she is beyond sea at the time of the Statute she hath not cause of action upon the ancient limitation to use it within the sixe yeeres c. 10. E. 3. A woman seised of certain land takes a husband and after the husband enters in religion the wife aliens in fee after the husband is dereigned before the stat of desolutions enters is ousted by thealience 52. yeares before this Statute of limitations and is imprisoned at the time of the Statute he had good cause of action to use within sixe yeares upon the Auncient limitation 33. E. 3. Tit. entre A man seised in fee takes a wife the Lord of the land grants the seigniory to the wife and her husband in fee and the husband dies she accepts homage of the Tenant 52. yeares before the Statute and is beyond Sea at the time of the Statute she had not cause to have a writ of dowre upon the Land within the sixe yeares upon the Anncient limitation Because she had accepted the seigniory she shall not have both 11. E. 3. Land is given by Fine to one for life the remainder to one which was baptized by the name of John in fee and after hee in the remainder is confirmed by the name of William the Tenant for life dyeth an estranger enters 52. yeeres before the Statute hee in the remainder is imprisoned at the time of the statute this is not sufficient cause of action to have a Scire facias within the sixe yeares upon the auncient limitation 12. R. 2. contrary upon a purchase executed A mardeaseth for life and Tenant for life leaseth for anothers life upon condition enters for the condition broken he in the reversion enters 32. yeares before this statute the Tenant for life imprisoned tempore statuti he had not cause of action to enjoy the auncient limitation within the six yeares Because a forfeiture shall not revive A man who was beyond Sea at the time of the statute and had cause of action c. comes to dowre and incontinent the King sends him backe to warre in France who continueth there seven yeares in a fortresse and commeth back he shall not have his action within the six yeares nor otherwise A man seised in right of his wife aliens Mortmaine the Lord enters the husband dyeth 52. yeares before this statute the wife is beyond sea tempore statuti c. the wife had good cause of action to recover the Land within the six yeares of his returne upon the auncient limitation The Lord disseiseth his Tenant and makes a feoffment in fee upon condition and re-enters for the condition broken the Tenant enters upon him and rescoussetha distresse 30. yeares before this Statute the Lord is imprisoned at the time of the Statute he had not cause of action nor to avow for the Rent nor seigniory upon the antient limitation within the sixe yeares of his enlargement Because the Rent and seigniory were extinct before and cannot be revived by the condition An Alience hath issue a sonne and is made denizen and purchazeth Land and hath issue another sonne and dieth the youngest sonne entreth the eldest doth oust him 32. yeares before this Statute the youngest is imprisoned at the time of the Statute he hath good cause of action to use it within sixe yeares upon the ancient limitation Because he was not inheritable before his father was Denizen as the son of a villaine borne after the enfranchisment is free but contrary of him which was borne before c. Grandfather and son the Grandfather dies seised I. H. abates the son disseiseth him the father dies 33. yeares before this Statute I. H. hath not cause of action to use it within 6. yeares upon the ancient limitation Because the discent of the right of the Father to the sonne doth remit him A man leaseth land for life the tenant for life is disseised an ancester collaterall of the tenant for life releaseth with warrantty and dieth without issue 32. yeares past the Statute is made the tenant for life beyond the sea he had not cause of action to enjoy the sixe yeares by this branch of the Statute 15. H. 7. Tenant in tayle discontinueth and retaketh in fee and grants a Rent charge and makes a feoffment upon condition the grantee is defeced of the Rent the tenant in taile had issue and dieth the heire enters for the condition broken the grantee is imprisoned c. hee had good cause of action for the Rent by this branch c. Because the heire is not remitted for that that he entred at full age contrary of such an entry for a condition within age 8. H. 7. Grandfather Father and Son the grandfather is seised of certaine land with common appurtenance and is disseised of the Common brings an asseise and is non-suited enfeoffeth the father of the land with the appurt dieth the father dieth52 yeares before this statute the sonne within age at the time of the Statute no cause of action is to the sonne to have an action within the six yeares 4. E. 3. A man made a feoffment in fee to a woman upon condition that if he marry her that it shall be lawful to him to enter and he marrieth him and
action personall Attaint lyeth contrary in an action reall Fitz. tit. Attaint 41 N. 77. In a Cessavit upon this new limitation brought by the Bishop of L. the tenant pleads overt to his distress the Jury is charged therewith and with the collusion and the overture found against the tenant which is true and as to the collusions that he had ceased by collusion which is false the demandant had judgement and enters the Lord Parramont enters upon him for the Mortmayn the demandant shall not have an Attaint of the collusion Because that the enquiry of the collusion was but of office and also it seemeth that the judgement is erroneous by reason of the collusion c. and therefore may have errour tamen videtur that notwithstanding that the judgement be erroneous yet if the verdict be false attaint lyeth because the other cannot compell the party to bring a Writ of errour 18. E. 4.9 but it seemeth otherwise if the Court be deceived in judgement A Mordancester upon the new limitation the tenant said that he himself is Heir to the Ancestor and not the Demandant and so at issue And upon that the Tenant gives in evidence to the Iury that he was Heir by the second wife of the same Ancestor because that the first wife by which the demandant is Heir was divorced the Iury found the demandant heir notwithstanding the divorce the Tenant shall not have an Attaint Because they are not bound to finde the divorce for it is a spirituall Record Certain Observations out of Law-Books in Print upon this Statute THE first four branches of the Statute use the word seisin indefinitely and therefore if the Statute had not gone farther the word seisin should have been construed Secundum subjectam materiam viz. sometimes for actual seisin and sometimes for seisin in Law And therefore as to a writ of right mordancestor Ayle Assise c. it shall be intended of an actuall seisin and not of a seisin in Law so that the threefirst branches are to be intended of an actuall seisin And the fourth branch concerning Avowries extends to seisins in law as well as to seisins in fayt or actual seisins But the words upon which farther doubt may arise are contained in the 6. branch of the said Statute in these words viz. If any person or persons do at any time sue any of the said actions c. or make any avowry c. and cannot prove that some of his ancestors or predecessors were in actuall possession or seison of the said lands tenements c. within the time limited c. if that be traversed or denied by the plantiffe demandant c. that after such triall the party and his heirs shall be barred to all such Writs actions c. Upon which said words it was objected that whereas at the Common Law before this Statute a seisin in Law was sufficient for avowries yet now by the express words there must be an actual seisin for that the words actual possession or seisin excludes a seisin in law and the rather for thatan actuall seisin is the sure badge of right But it was resolved that a seisin in law was sufficient for an avowry within the intention of this Act For the intention of the Act was only to limit a time within which seisin ought to be had and not to exclude any seisin which was a good seisin at the Common Law as appeareth by the preamble of the Statute neither did the former Statutes of limitations of Westminster 1. cap. 38. or of W. 2. cap. 2 46. exclude a seisin in Law or any seisin which was a sufficient seisin at the common Law Also whereas the three first branches extend to actuall seisin only and the 4. branch extends as well to a seisin law as to an actuall seisin And the sixth Article speaks by words dis-junctive of actuall possession or seisin makes a distinction betwixt actuall possession which referres to the three first branches and seisin which referreth to the fourth branch for that the words subsequent are in manner and forme aforesaid It was also resolved that this Statutedoth not extend to such rent or service which by common possibility cannot happen or become due within 60 years As a signiory consisting upon homage and fealty only for that the tenant may live above 60 years after that they were made and so of casuall services as to go to war with the Lord and the like of a Formedon in discender for that the tenant in taile may live 60 years after discontinuance and albeit that the tenant in taile do dye so that the issue may bring his Formedon within the time c. yet that altreth not the case but that the issue may bring his Formedon in discender at any time as it was adjudged in Fitz Williams case Dy. 278 and the same law is of homage and fealty and all other accidentall services or where there was an impossibility to have seisin within the limitation And in this case of Bevill it was agreed f. 11. a. that a Writ Esolvert Cessavit or Rescous are not within this statute for that in those Writs the seisin as not traversable but the tenure and by those VVrits theland is demanded and the demandant cannot alleadge any seisin c. for he commeth to them in the post And the statute extendeth only to such writs where a seisin may be alleadged and 21 H. 6.22 that seisin shall not be alleadged in those writs for that the land is demanded by reason of the signiory and not by reason of seisin of the land and accordingly it is resolved Dy. 11. Eliz. 278. If a man had been out of possession of land by 60 years yet if his entry be not taken away he may enter and bring any action of his own possession because the first clause doth not barr any right but prohibits that no person shall sue or maintain any writ of right or make any prescription c of the possession of his ancestor or predecessor but only of the seisin of some of his ancestors within 60 years which doth not inhibit but that if his entry be lawfull and he doth enter he may have an action of his own possession And note that the 1. 2. clauses of the statute extend only to seisin Ancestrall and not to a writ of right of his own seisin And the third branch extends only to actions of his own possession and not to entries The fourth to Avowries c. And forasmuch as the services of homage fealty are not within this statute and that the seisin of rent or other annuall service is a seisin of homage and that likewise a seisin of homage or fealty is a seisin of all services annuall or not annuall that therefoee when the tenant hath done homage or fealty that shall be a seisin of all other services as to Avowrie which of right ought to be made notwithstanding that the Lord or