have execution thereof as if no such gift had been made Stat. 3. H. 7. 4. All deeds of gift of goods and chattels made of trust to ones own use shall be void Stat. 13. El 5 Every gift grant bargain and conveiance of lands or chattles or of a lease rent common or other profits out of them and every bond suit judgment and execution had or made for the defrauding of any persons just action suit debt account damage penaltie forfeiture heriot mortuarie or releif shall be void against that person his heires executors c. The parties or privies knowing such a fraudulent gift which shall justifie it to be done bona fide or shal alien such things so to them conveyed forfeit one year value of the lands or profits out of it and the whole value of the goods nad chattles and the sum of such covenous bond and shall have half a years imprisonment This Act extends not to common recoveries nor vouchers in a Formedon nor to any gift c. bona fide and upon good consideration to any person not knowing of the fraud Stat. 27. El. 4. Every conveyance grant charge lease estate incumbrance or limitation of use of lands tenements or hereditaments made for the defrauding of purchasers of the land it self or any part or profit out of it shall be void against the person so purchasing for money or other good consideration and against all claiming under him with penalty as in the former Statute This extendeth not to the avoiding of any grant c. upon good consideration and bona fide If any such conveyance c. be made with a clause of revocation or alteration at his pleasure by writing and after he shall bargain demise sell grant convey or charge the same lands c. for money or other good consideratiâ—n the conveyance not revoked nor altered then such conveyance c. shall be voyd against the bargainees c. and all claiming under them lawfull mortgages only excepted Rule 11. Praecog Reg. 15. 17. E. 2. The Kings gift or grant of land or a Mannor cum pertinentiis â—â—nveyeth not Knights fees advowsons or dowers without expresse words Stat. 1. H 4. 6. In a petition to the King for lands annuities offices c. their value shall be therein exprest otherwise the letters Patents thereupon shall be void Stat 18. H. 6. 1. All Letters Patents which bear not date the day of the delivery of the Kings-warrant into the Chancery shall be void Stat. 34. 35. H. 8. 21. A confirmation of all estates contained by or conveyed from the King within seven years after the fourth of February in the 27 year of his raign notwithstanding any mis-recitall non-recitall c. with divers provisoes c. therein contained Stat. 1. E. 6. 8. Such another Statute for the confirmation of all grants made and to be made by E. 6. from the 28 of January in the first year of his raign and so during his life with such provisoes c. as in the sayd Act of H. 8. Stat. 4 5 P.M. 1. Another like Statute for the confirmation of grants made and to be made to or by the Queen or the King and Queen from the first of July in the first year of her Reign and so during her life with provisoes as in the former Acts. Stat. 18. El. 2. Another like confirmation of al grants made to for or by the Queen or to be made within seven years next after the end of this Session with like provisoes c. Stat. 43. El. 1. Another confirmation of grants made by Qu El. from the eight of February in the 25 yeare of her raign untill the end of this Session and a year after Stat. 21. Jac. 25. The King c. shall not take advantage of Forfeitures against his Patentees before Commission Processe c. Stat. 21. Jac. 29. A confirmation of Leases of the Duchy lands in Cornwall Stat. 1. Car. 2. Such another for Leases thereof to be made within three years CHAP. 3. Rule 6. STat. 32. H. 8. 34. Grants of Reversions may enter upon Farmers for any Forfeiture or condition and have like advantages against them by action onely for any other Covenants condition or agreement eontained in the Indenture of their lease as the Lessors their heirs or successors might And the like for the Lessees against the grantees of reversions Recovery in value only excepted CHAP. 4. Rule 9. STat. 6. H. 8 15. If any make suit to the King for lands offices or other things formerly granted to any person during the Kings pleasure the first Patentee being still in life the last grantee shall expresse in his Petition or pattent the former pattent and the determination of the Kings pleasure concerning the same otherwise the last grant shall be voyd Rule 15. Glocester 7. 6. E. 1. If a woman alien her dower in fee or for life the heir or other person to whom the Land ought to revert shall recover against the Alience in her life time CHAP. 5. Rule 5. MErton 9 20. H. 3. A child borne before Marriage is a bastard albeit the common order of the Church be otherwise Stat. 9. H. 6. 11. No writ shall be awarded to the ordinary to certifie Bastardy before three Proclamations be made in Chancery in three moneths viz once every moneth that all persons who have any thing to object against the party for bastardy shall sue to the Ordinary for that purpose Rule 8. Merton 5. 10. H. 3. Usury shall not run against any within age from the time of the death of his Ancestor whose heir he is unto his lawfull age yet the principal with usury due before the Ancestors death shall be paid notwithstanding this Act. Rule 10. Stat. 32. H. 8. 33. The dying seised of a disseisor with force and without title taketh not away the entry of him and his heirs who at the time of such discent had good title of Entry unlesse the disseisor had peaceable possession by five years next after such disseisin Rule 14 Westm 2. 1 13 E. 1. The will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed so that they to whom the land was given under such condition viz. that if the donee or donees should die without issue that then the land should revert to the donor should have no power to alien the land so given but that it shall rename to their issue after their death or shall revert to the giver or his heirs if issue fail neither shall the second husband of any such woman being donee in tail from henceforth have any thing of the land so given upon condition after the death of his wife by the Law of England neither shall the issue of such husband and wife succeed in the inheritance but immediatly after the death of the husband and wife to whom the land was given it shall returne to their issue or to the giver or his
if after the fathers death he enter before his younger brother born of the same father and mother within Espousals and continue the possession all his life without interruption VI. If the next be women in equal distance as daughters Sisters Aunts c. they shall inherit alike and are but as one heir VII Where the generall Entry of one is of the rest if they list VIII The inheritance that descendeth shal be charged with the deed of the Ancestor binding himself and his heirs IX The Dying seized of the inheritance and Freehold together whereby the land descends unto his heir taketh away the Entry of every one that may have an Action X. But claim upon the land within a year before the death or if they dare not upon the land for fear of some bodily hurt then as neer the land as they dare saveth their entry XI A Fee-simple is a Fee-simple conditionall or absolute XII Conditionall is a fee simple to one and the heirs of his body XIII This estate before issue cannot be alienated after issue had becometh an absolvte fee simple XIV But so as if the issue fail before the alienation the donor shall have it XV. Hither belong hereditaments given in Frank-marriage with ones kinswoman XVI Absolute is a fee-simple to one and his heirs whatsoever XVII This estate descending to Females if one of them have lands of the same Ancestor by Frank-marriage she shall have no more unlesse she be content that the value thereof be allowed to the other XVIII To this place are to be referred Lands given to a Corporation which go in perpetuall succession XIX Here two speciall estates for life Dower and Tenancie by the courtesie of England do arise after ones death that hath an InheritaÌ„ce joyned with the freehold XX. Howbeit these estates must be of a fee-simple or such an estate taile as may go to the issue had between the Donees XXI Dower is an estate whereby the woman hath the thirds in severalty XXII She must be nine years of age at the time of her husbands death otherwise she shal not be endowed XXIII Detaining of deeds concerning Inheritance descended to the heir is a barr of her Dower XXIV If the husband at the Church door ad ostium ecclesiae or being heir apparant by his fathers or mothers consent ex assâ—nsu patris or matris presently upon affiance endow her of any certainty as of the whole moity or lesse part c. this will barr her of her thirds if she agree to it XXV Tenancie by the curtesie of England is an estate whereby of an actuall possession the husband that hath issue by her born alive shall have the whole CHAP. VI. Tenement Advowson I HEreditaments are tenements or bare hereditaments II. A Tenement is a possession holden the Fee-simple whereof when he that hath it dieth without heir cometh to the Lord III. Of this sort are Lands and Advowsons IV. Land is a Tenement in Mannuall occupation V. Under the name of Land are comprehended not only Gardens Meadowes Pastures Woods Rivers c but also Messuages Mils Yards Tofts Castles the like VI. Churches and Church-Yards belong to the Incumbent VII Prescription here hath no force VIII All Land is holden of the King immediatly or by means himselfe not having any higher upon earth of whom to hold IX Escheats of all Cities appertain to the King X All Mines of Gold and Silver or wherein the gold or silver is of the greater value are the Kings XI Amongst Coperceners the eldest upon partition shall have the cheif house XII Seisin delivered of land alwaies passeth a freehold XIII Otherwise a Freehold of land cannot passe save by release and confirmation where they are by way of enlarging an estate XIV They may also somtimes passe by Exchanges Endowments or Surrenders XV. An estate made within view of land is a good Liverie of seisin if the other enter in the Feoffors life time XVI An Advowson is an interest of presenting to a Church CHAP. 7. Distres Seigniories Fealty Rent-service Homage Suit of Court Tenures Releife and Rent charge I. RAre Hereditaments are those which are not holden and concern the Land or the person II. Those that concern the Land are extinguished or gone for ever when he that hath them hath high and continuing an estate as he hath the hereditaments III. Otherwise they are but suspended or gone for a time IV. These are leviable by distresse or such as cannot be distrâ—ined for V. Distresse is a taking of Chattels found upon the same Land for satisfaction of Arrearages VI. The King may distrain in any other land of the same mans for his Service or Rent charge VII The distresse being put in some place where the owner may lawfully come by them as if they be things that have life to give them meat c. he that distraineth shall not be charged what hurt soever they receive VIII Bare hereditaments that may be distrained for are a Seigniorie or rent charge IX Seigniories are services whereby Lands are holden X. Services are common to all certain estates or proper to inheritances XI Common as Fealty and Rent service whereof Fealty is incident to every such estate XII And therefore the Seigniory or Tenancy being altered it must be done anew XIII All other both common and proper grow by Reservation XIV Fealty is an Oath to be faithfull to the Lord for the Tenements XV. Rent service is a Rent to be paid to the Lord at certain set times XVI And to this place we may refer all services that lie in Fesance XVII Of which kind two amongst the rest are specially to be considered viz. Frank-Almoign and Divine Service XVIII Frank-Almoigne is when a man of the Church holdeth freely in Alms for which he is bound to say Prayers XIX But because the Prayers are not limited in certain he neither shal do Fealty nor is subject to distres XX. The lord must warrant such a Tenant against himselfe and his heirs and save him harmlesse of all manner of all services against the Lords above XXI Divine service is a spirituall kinde of service limited in certain XXII These are the services whereby every certain estate may be holden XXIII There follow those proper to Inheritances the Grantee whereof shall hold of the Grantor by such services as he holdeth over if other services be not reserved XXIV Or the Grantor may appoint him â—o hold of the next Lord. XXV A Mesn must acquit the Tenant of all manner of services against the Lords Paramont XXVI But Donors in Frankmarriage cannot hold but by Fealty and that of the Donor untill the Fourth degree be past who must also acquit them of all manner of services XXVII One that holdeth of the King as of his person alienating the Free hold without licence forfeiteth the Land XXVIII Services proper to Estates of Inheritance are Homage and Suit or Court XXIX Homage is an Oath of fidelity acknowledging himselfe to
c. xiii If on the defendants part then it is Et de hoc ponit se super recordum illud or super Patriam XIV Issue in a writ of Right cannot be joyned upon the meer right but by the party himself and this is called the joyning of the Mise XV. Where the Plaintiff in his his replication maketh title at large the Tenant may joyn issue upon the title by saying Veigne Assize sur le title and this is called a Pleading to the action at large XVI But in a personall action when the title of the Land cometh in question it lyeth not till issue ioyned and yet in that case it never lyeth for Tenant for life but only for tenant for years Bailiff c. XVII Aid in these actions shall be of the King before issue joyned onely XVIII This being a matter In fait viz. done in the country is tryable by the oath of twelve free and lawfull men of the same County indifferently chosen XIX Four of the Jury must be of the same Hundred XX. If the thing in issue lye in the notice of two severall counties and not of one only the Jury shall be made equall out of both XXI But upon an Indictment of an offence against the Crown the tryall shall never be by Joynder of Counties XXII But if the Defendant plead in any Action that the Plaintiff is a villeine regardant to a Mannor of his in in another County yet the same shall be tried in the County where the writ is brought XXIII Where a Peer of the Realm is party to the Action a Knight must be returned upon the Jury XXIV In a Court of Pipowders the tryall is by the Merchants XXV The Jury in a writ of Right is called the grand Assize being four Knights or others in default of Knights choosing of twelve unto them XXVI This Iury is called the Grand Assize because it alwaies consisteth of more then 12. viz. of 16. XXVII Upon tryall by Jury challenges are allowed for the parties if they will both to the Array to the Pols and are to be tryed by some of the jurors XXVIII If it be before any Iurors sworn the Court shall choose Triers but when any of the Iurors are sworn they must try it XXIX Challeng to the Array is when the Jury is not sufficiently impanelled XXX Upon iust cause of exception to the Sheriff afterwards to the Coroner the Court shall choose certain persons to return the jury who are called Esliors XXXI And then the parties shall never afterwards make any challenge to the array XXXII Challenge to the Poll is when any of the jurors are not fit to passe upon the triall XXIII This Challenge must be taken before the panell be perused and shall be tryed by two of the jurors chosen by the Court. XXXIV But Challenges that sound not in reproach of the juror shall be examined upon his Oath which is called examination upon Voire Dire XXXV He that challengeth the array if it passe against him or that he release it shall never challenge the polls without shewing cause presently which shall be tryed out of hand XXXVI After Challenge to a juror for one cause which passeth against the Challenger hee shall not challenge him for another XXXVII In Indictments and appeals of felony the defendant may challenge thirty five jurors without shewing cause and this is called a peremptory challenge XXXVIII When there lacketh some to fill the jury others of the same sort shall be taken till it be full and they are called a Tales XXXIX The Tales must be an even number and lesse then the principal Pannel as Decem Tales Octâ— Tales c. xl Every Tales must be of lesse number then the other as after an Octo Tales a sex Tales c. xli But in Indictments and appeals that touch life a Tales may be of a greater number then the principal pannel xlii The Jury being charged may neither eat noâ— drink but by leave of the Justices before their Verdict given xliii Doing so before they be agreed it maked their verdict void but after they are agreed it is onely finable XLIV The Jury upon arraignment acquitting onâ— that was found guilty of the death of a man upon an enquiry before the Coroners super visum corporis musâ— finde who did the fact XLV The Jury in an Assize of novel disseisin shalâ— inquire of the plea in abatement XLVI And therefore in such an Assize no plea iâ— abatement is answerable XLVII An Infant bringing an Assize if a matteâ— done in the same County be pleaded against him thâ— Jury shall inquire of all the circumstances XLVIII The like inquiry of the circumstanceâ— shall be if in an Assize brought against him he pleaâ— to the Assize at large XLIV If the tenant in a mordancester traversâ— any point of the writ yet the jury shall inquire of alâ— the points and any one found against the Demandanâ— abateth the writ L. For the better direction of the Jury in their verdict greater liberty is permitted in pleading a matteâ— doubtful in law LI. For somtimes a traverse may be omitted LII Sometimes also the speciall matter may bâ— pleaded together with the general issue LIII Likewise the Court may be abridged before verdict so as the original remain true LIV. After acquittal upon an appeal or indictment of felonie or treason he shall never be drawn in question for the same offence again LV. In writs of right and in appeals that touch life trial may be by battail at the defendants choice LVI The battail in a writ of right may be by Champions who must be freemen LVII Here the demandants Champion must have seen him or his ancestors in possession and thereof take his oath LVIII The battail in an appeal must be in proper person and therefore here the defendant is restrained from the choise of Battail and must needs try it by Jury if there be any notorious presumption of the fact in him or imbecility in the Plaintiffe Also against a Peer of the Realm bringing an appeal the defendant shall not wage Battail LIX In a writ of Dower issue taken upon the death of her husband shall be tried by witnesses LX. In some cases also the trial shall be by the defendants oath as 1. Where the tenant in a Praecipe quod reddat alledgeth that he was lawfully summoned according to the law of the land 2. In meer personal contracts growing without deed or privitie of others the defendant may wage his law LXI Therefore in such kinde of actions executors are not chargable LXII No wager of Law shall be against the King LXIII But wager of law may be upon plaints in Court Barons for personal things under 40 Sh. LXIV An issue of Law returned a Demurrer is when admitting the matters alledged either of them resteth in the judgment of the Court. LXV The demurrer being joyned upon an exception to the original it self or Count for fault appearing in
heirs as aforesaid A Fine levied of such lands shall be void in Law and the heir or reversioner albeit they be for full age in England and out of prison need not make their claim Howbeit this clause concerning a fine is altered by 32 H 8. 39. which see infra Stat. 34 35. H. 8 20. No common recovery 〈◊〉 lands in tail of the gift or other provision of the King or his progenitors though it be with voucher against tenant in tail the remainder or reversion being 〈◊〉 the King at the time of the recovery shall bind the heir in tail or bar him of his entry Tenant in us◠shall take no advantage for any rccompence in valor agianst the vouchee or his heirs Rule 24. Mag. Cart. 7. 9. H. 3. The wife after the death of her husband shall abide in his chief messuage forty dayes within which time her dower shall be assigned her If the chief messuage be a Castle then she shall have a competent house provided her til her dower be assigned Westm 2. 34. 13. E. 1. A woman that leaveth her husband and abideth with an adulterer shall not have Dower unlesse the husband voluntarily and without coertion of the Church reconcile her and suffer her to dwell with him Stat. 11. H. 7. 20. If a woman that hath an estate in Dower for life or in tail joyntly with her husband or only to her self or to her use in any lands c. of the inheritance or purchase of her husband or given to the husband and wife by the husbands ancestors or any seised to the use of the husband or his ancestors do sole or which an after taken husband discontinue or suffer a recovery by Covin it shall be voyd and he to whom the land ought to belong after the death of the said woman may enter as if the woman were dead without discontinuance or recovery Howbeit the woman may enter after the Husbands death but if the woman were sole the recovery or discontinuance barreth her for ever This Act extends not to any recovery or discontinuance with the heir next inheritable to the woman or by his consent of Record enrolled Stat. 27. H. 8. 10. Where an estate is made in possession or use to Husband and wife and his heirs or the heirs of their bodies or of one of their bodies or to them for their lives or for the wives life for her Jointure In any of these cases she shall not have Dower Howbeit upon a lawfull eviction of that Jointure she shall be endowed according to the rate of her husbands land whereof she was dowable Such a Joynture being made after marriage the wife after the husbands death may refuse it and betake her to her Dower unlesse such Joyntute be made by Act of Parliament CHAP. 7. Rule 7. STat. de districtione Scaccarii 51. H. 3◠The owner of impounded cattel may give them food without disturbance A distresse taken for the Kings debt shall not be sold within 15 dayes and upon shewing of a Tally and giving security for his appearance in the Exchequer upon the next accompt the distresse shall cease◠The Sherif shall also attach the party that received the debt to be there likewise at the same time Neither draught cattel nor sheep shall be distrained except for Damage-feasant so long as other goods may be found to satisfye the debt Distresses shall be reasonable The Sheriffe shall answer all debts received and where the Sherif chargeth himself the debt shal be quitted Marlebr 15. 52. H. 3. It shall not be lawfull for any except the King and his officers having special authority to take distresses out of his fee or in the Kings high way or in the common street Marlebr 4. None shall drive a distresse out of the County wherein it is taken in pain to be fined and to make recompence to the party grieved none shal take an unreasonable distress in pain of amerciament Westm 1. 16. 3. E. 1. None shall drive a distress out of the County or distrain wrongfully upon the penalties provided by the Statute of Marlebr Westm 2. 36. 13. E. 1. None shall procure any to distrain another to make him appear at the county court or any other inferiour court on purpose to vex him and put him to charge and trouble in pain to make fine to the King and to pay the party grieved treble damages Westm 2. 37. 13. E. 1. No distresse shall be taken but by Bailiffs known and sworn in pain to restore damages to the party grieved and to be grievously punished by the King Artic. Cler. 9. 9. E. 2. Distresses shall not be taken in the High-way nor in the ancient fees of the Church Stat. 1 2. P.M. 12. No distresse of Cattell shall be driven out of the hundred rape wapentake or lath where it is taken except to a pound Overt within the same Shire not above three miles distant from the place where it is so taken Neither shall a distresse be impounded in several places whereby the owner may be constrained to sue several Replevins for the delivery thereof in pain to forfeit to the party grieved for every offence committed against the Act. 5 l. and treble damages None shall take above 4 d. for the poundage of one whole distresse and where lesse is usually taken to take lesse in paine to forfeit it to the party grieved 5 l. and so much money as is taken above 4 d. Rule 24 Quia emptores terrarum 18. E. 1. In all Feoffments to one and his heirs the Feoffee shall hold his land and the chief Lord of the fee by the same services that the Feoffer held before Here if the Feoffment be made of parcel he shall hold of the chief Lord pro particula according to the quantity of the land and the Feoffor shall be set free for that part Rule 27. Mag. Cart. 31. 9. H. 3. If a Baronie c. Escheat to the King the tenants that hold of the same not having other lands that hold of the King in cheif shall pay like relief and do like services to the King after such Escheat as they payd or did to their former Lords and not otherwise Stat. 1. E. 6 4. So also it is when a Seigniorie cometh to the King by attainder conviction outlawry dissolution or surrender Stat 1. E. 3. Stat. 2. Cap 12. Lands holden of the King in chief and aliened without licence shall not be forfeited but a reasonable fine shall be taken of such lands so aliened by due processe in Chancery A◠cap. 13 lands holden of the King as of some Honor sh◠not be taken into the Kings hands as if they were holden of the King in chief as of his Crown Rule 31. Stat. 33. H. 8 22. A fee set down for respiting of Homage in the Exchequer or other Courts Rule 35. Marlebr 9. 52. H. 3. None enfeoffed b◠deed shall be distrained to do suit to his Lords Court unlesse he be bound to
c. hath an Interest This Act shall not be prejudicial to Lords and Commoners in any part of wasts not assigned to Drainers c. nor to any Port or Haven CHAP. 9. Rule 3 STat. 19 H. 7. 15. Upon a feoffment made to the use of a Villein the Lord may enter into the land it self Rule 7. Stat. 9. R 2 2. In a suit by a Villein against his Lord the Lord shall not be barred of their Villeins because of their answer in Law Rule 11. E. 61. 6. 16. No office or deputation thereof or of any part thereof which concerneth the administration or execution of Justice or the receit controlement or payment of the Kings money or revenue or any accompt Aulnage Auditorship or Surveying of the Kings Lands or Customes or Administration or Attendance in any Custome-house or keeping of any of the Kings Towns Castles or Fortress being places of strength or defence or any Clerkship in a Court of Record shall be bargained or sold or any reward or agreement of Reward taken for it upon pain that the seller c. shall forfeit all his Interest in such office or deputation c. and the buyer be a disabled person to enjoy the same And all bonds c. to be void as against him by whom they are made Howbeit all Acts executed by any such person offending before he be removed from his Office c. shall remain good This sttatute extendeth not to any Office of Inheritance or to any parkership or to any offices to be given by the Chief Justices of the Kings Bench or Common place or by any Iustices of Assize CHAP. 10 Rule 2. STat. 27. H. 8 24. No subject shall have authority to pardon any felony or any accessories to felony or any outlawry for such offences Nor to make any justices of Eyre Assize Peace or Gaole-delivery All originall Writs Indictments of treason felonie tre passe and processe upon the same shall be only in the Kings name and the Teste in his name that hath the Franchise Every Writ and Indictment whereby any thing is supposed to be done against the peace shall be supposed to be done against the Kings peace onely and not against the peace of any subject the King shall have all fines issues amerciaments and forfeitures lost by any Officers of Franchises for non-execution or insufficient returnes of processe or for any misdemeanour concerning their office with many provisoes in the same Statute CHAP. 11. Rule 4 WEstm 2. 23. 13. E. 1. Executors shall have a Writ of accompt and the action and processe in the same writ as their testator should if he had lived Stat. 4. E. 3. 7. 1. Executors shal have an action for a trespass done to their testator as of his goods and chattels carried away in his life and recover their damages in like manner as he whose executors they are might have done if he had lived Stat. 32. H. 8. 1. He that hath lands tenements 〈◊〉 hereditaments in soccage and none holden by knight-service or soccage in chief may devise all by his waâ— in writing or give all by act executed in his life 〈◊〉 may he that hath land holden by soccage in cheif anâ— other land holden of a common person by soccage and none holden by Knight-service saving to the Kingâ— primer seisin relief suing of the same out of the Kingâ— hands fines for alienation c. and all other dutieâ— for the soccage in chief as before hath been accustomed He that hath lands c. holden by Knight service whether he have any other lands holden of the King or of any other person by Knight-service or orherwise or not may do the like for two parts in three to be divided in certainty for the advancement of his wife or children and payment of his debts saving unto the King the wardship or primer seisin of the third part without any charge dower c. and finds for alienation He that hath lands c. holden by knight-service whether of the king alone by knight-service not in cheif or of a common person or som holden of the king some of a common person and other land in soccage may devise by will or give by act executed in his life two parts of that holden by knight-service and all the soccage saving to the Lord of the land holden by knight-service the Wardship of a full third part thereof without any charge dower c. Provided that every one shall sue his liverie and pay his relief and heriot as if this Act had never been made Stat. 34. 35. H. 8 The former Statute shall be extended to enable devises and other Acts onely by Land in Fee-simple And if the partie that maketh the will or other Act be seized in Coparcenerie or in the common it shal be good for so much as in himselfe of right is The wardship relief primer seisin c. shall be of lands that descend immediatly after the death of him that maketh the will or other act as well in fee-fee-tail as fee-simple And the devise of two parts residue shall be good though it be of all his fee-simples land Such a will shall be good for two parts in case only where two may be devised though it be made for the whole or more then two parts Such wils made by a feme-covert infant under the age of 21 yeares Ideot or one of non-sane memorie shall not be good See also some other things there for the explanation of the former Act of 32 H. 8. 1. Rule 10. Stat. 21. H 8. 4. that part of the executors which take upon them the charge of a will may sell the land devised by the Testator to be sold albeit the other part which refuse will not joyn with them Rule 11. Stat. 25. E. 3. Stat. 5 5. Executors of executors shall have actions of debt accompt and goods carried away of the first Testators and Execution of Statute-Merchants recognizances made unto him And shall also answer for Assets as the first executors should have done Rule 12. Westm 2. 19. 13. E. 1. the Ordinarie shall satisfie debts wherein the Intestate was bound as executors should Stat. 31. E. 3 11. the Ordinaries shall depute next friends of the Intestate to administer his goods who shall sue and be sued and be accountable to the Ordinaries as executors should Stat. 21 H. 8. 5. Administration shall be committed to the widdow of the Intestate or to the next of his blood or to both at the discretion of the Ordinary The Oâ—dinary not doing his duty herein forfeiteth ten pound Stat. 43. El. 8. If any obtain goods of an Intestate fraud as by procuring administration to be granted a stranger of mean estate or not to be found and noâ— upon valuable consideration c. he shall be charge as executor in his own wrong as far as the goods debts extend Rule 20. Westm 1. 4. 3. E. 1. Where a man dog cat escape alive out of the Ship it
shall be no wreck but the things shall be prised by the Sheriff or Coroneâ— and delivered to those of the Town where they 〈◊〉 found to answer for them So as if any within a yeâ—â— and a day prove that the goods are his they shall 〈◊〉 restored to him CHAP. 13. Rule 3. Stat. 32. H. 8 28. Leases made by tenant 〈◊〉 tail or by him who is seised in the right of his wife or Church they being of full age at the time of such a lease made shal be good against the Lessors their wives heirs and successors This Statute shal not extend to any lease to be made of lands in the hands of any Farmer by force of aâ— old lease unlesse such an old lease expired within a yeaâ— after the making of the new nor to any grant to be made of any reversion of such lands nor to any lease oâ— lands which have been let to Farm 20 years before such lease made nor to any lease made without impeachment for waste nor for above 21 years or three lives from the making thereof and that upon every such lease there be reserved so much yearly rent as hath biâ— usually paid within 20 years before such lease made And the reversioner of such lands c. may after the death of such lessor oâ— his heirs have such remedie against such lessee his executors and assignes as such lessor might have had against such lessee Provided that all leases made by the husband of land c. being the inheritance of the wife shall be made by Indenture in the name of the husband and wife and she to seal to the same and the rent shall be reserved to the husband and wife and the heires of the wife And here the husband shall not alien or discharge the rent or any part thereof longer then during the coverture unlesse it be by fine leived by husband and wife No fine feoffment or other act done by the husband only of the inheritance or free-hold of the wife shall make any discontinuance or prejudice the wife or any other who is to enjoy the estate after her decease fines leived by the husband and wife onely excepted Stat. 1. El. not printed All estates made by any Arch-Bishop or Bishop of any mannors Lands c. parcel of their Bishoprick other then to the Queen c. and other then for 21 years and three lives from the time of such estate made and whereupon the accustomed yearly rent or more shall be reserved shall be void Stat. 13. El. 10. All leases conveyances and estates made by any master and Fellowes of a Colledge Dean and Chapter Guardian of an hospital Parson Vicar or other having any ecclesiastical living c. other then for 21 years or three lives from the making and wherupon the accustomed yearly rent or more is reserved shall be void Stat. 14. El. 11. The branch of the Statute of 13. El. 10. made to avoid certain Leases shall not extend to houses scituate in Corporations or Market-townes or the Suburbs thereof nor to the grounds of such houses so as they be not the dwelling houses of the persons there restrained nor have 10 acres of ground belonging to them Provided that no leases in reversion shal be made of such houses nor without reserving the accustomed yearly rent at least nor without charging the lessâ—â— with reparations nor for a longer term then 40 years Neither shall any such houses be aliened without purchasing presently after other lands in Fee-simple of good value Stat. 18. El. 11. All leases made by such persons are mentioned in 13. El. 10. where another lease is being not to be expired surrendred or ended with three yeares next after the making of such new lease shall be void And all Bonds Covenants for renting of any such lease contrary to this Act or to thâ— said Stat. of 13 El. 10. shall also be void Rule 21. Westm 2. 5. 13. E. 1. Usurpation of Churches during wardship particular estates Coverture 〈◊〉 Vacanci shall not bar the heir at full age the reversener or remainder in possession the feme-discovert 〈◊〉 the spiritual person in succesion from having their wriâ— of Advowson possessory viz a quare impedit or an assize of Darrein presentment as their ancestor or predecestor might have had usurpation had happened in their time whereas before this Act they were 〈◊〉 such cases put to their writ of right of Advowson One and the same form of pleading shall be used 〈◊〉 Darrein presentment and Quare impedit viz. if the defendant alledged plenartie of his own presenatiâ—â— the plea shall not stay by reason of the plenartie so 〈◊〉 the writ be purchased within the six moneths albeit 〈◊〉 cannot recover within that time Where partition is made upon record or by fine 〈◊〉 present by turn the Coparcener that is disturbed shaâ—â— not be put to a Quare impedit but may have remedâ— upon the Roll or fine by Scire facias And amongâ—â— Coparceners if one present twice together yet shaâ—â— not the other barred but have his other turn when it falleth CHAP. 14. Rule 4. Westm 2. 34. 13. E. 1. If a man ravished woman married maid or other albeit she did consent after he shall have judgment of life and member and here the King shall have the suit Stat. 6. R. 2. 6. Both the ravisher and ravished where she consents after the fact are disabled to have or chalenge any inheritance dower or loint-estate after the death of their husband or ancestor In an appeal of Rape the Husband father or next of the blood shall have the suit and the Defendant shal not be received to wage Battail CHAP. 15. Rule 2. WEstm 1. 33. 3. E. 1. he that publisheth any false news or tales whereby discord or occasion of discord slander may grow betwen the King his people or the Nobles shall be kept in prison untill he hath brought him forth into the Court that did speak the same Stat. 12. R. 2. 11. The like for him that telleth false lies of nobles and great offices whereby discord may arise between the Lords and Commons Stat. 12. R. 2. 11. in the case of these former Statutes if the party cannot bring forth him that speak the same he shall be punished by the aduise of the Council CHAP. 19 Rule 4. 31. E. 3. Stat. 1. 2. If any man or Town charged with the goods of fugitives or felons will in discharge of himself alledge another that is chargeable therewith he or they shall be heard and right shall be done him Stat. 1. R. 3. 3. None shall seize the goods of any arrested for suspition of felonie before he be convict or attaint thereof or the same goods be otherwise lawfully forfeited in pain to forfeit to the party grieved double the value of the goods so taken to be recovered by action of debt c. Rule 6. 1. E. 6. 12. The wife shall be endowed albeit her husband were attainted convicted or
seller c. shall forfeit the value of the land and likewise the buyer knowing the same provided he that is in lawfull possession by taking the yearly profits may buy c. anothers pretenced right c. Rule 7. Stat. 6. R. 2. 2. Debt accompt and all such actions shall be brought in the County where the contract c. was made Rule 16. Stat. 1. E. 6. 7. The Acceptance of a new name of dignity shall not abate the writ CHAP. 24. Rule 6. MErton 8. 20. H. 3. Seisin of ones Ancestor in a writ of right shall be from the time of H 2. In a Mortdancester writ of Nief and of entry from the last return of King John out of Ireland In an Assize of novel disseisin from Henry 3. his first passage into Gasciogne West 1. 38. 3. E 1. Seisin of ones ancestor in a writ of right shall be from the time of Richard the first In an Assize of novel disseisin and Nuper obiit from H. 3. his first passage into Gascoigne In a Mortdancester Cosinage Aywel entry and writ of Niefe from H. 3. his Coronation Stat. 32. H. 8. 2. Seisin in a writ of right shall be within 60 yeares In a Mortdancester or any other possessory action upon the possession of his ancestor or predecessor shall be within 50 yeares A writ of the possession of the Plaintiff himselfe shall be within 30 years An avowry or cognizance for rent suit or services of the seisin of his Ancestor or of his own shall be within 40 years Formedons in reverter or remainder and Scire facias upon fines shall be sued within 50 years after the title or cause of action accrued Stat. 1 M. 1. Parl. 2. sess 5. The statute of 32 H. 8. 2. shall not extend to a writ of right of advowson Quare impedit Assize of Darrein presentment Jure patronasus writ of right of ward writ of ravishment of ward nor to the seiser of the wards body or Estate but the time of the seisin to be alleadged in such cases shall be as it was in the Common Law before the making of the sayd statute Stat. 21. Jac. 2. The time of prescription for lands concealed from the King is sixty years before the making of that statute Stat. 1. Jac 16. In writs of Formedon in descender remainder and reverter and right of entry the time is 20 years after accruer and imperfections removed Rule 6. Stat. 25 E. 3 stat 5. 16. Non-tenure shall not abate the writ but only for the quantity Stat. 37. E. 3. 17. No writ shall be abated by acknowledgment of villeinage if the demandant or Plaintiffe will averr that he that alleadgeth the exception was freed the day of the Writ purchased CHAP. 26. Rule 4. WEstm 2. 2 13 E. 1. A Gui in vita given to the wife after her husbands death upon his loosing of the land by default and the Tenant that recovered against the husband must maintain his own right CHAP. 27. Rule 4. WEstm 2 20. In a Writ of Cosinage Ayel and Besayel the point shall be inquired whether the demandant be next heir as well as in a Mortdancestor Rule 10. Westm 2. 1. 13. E. 1. A formedon in Descender is also given by this Statute to the heir in tail upon a descent from his Ancestor dying seised of the estate tail Rule 12. Merton 1 20 H. 3. A woman deforced of her dower or Quarentine shall in a writ of Dower recover damages viz. the value of her Dower from her husbands death to the day of the recovery of her Dower and the deforceor shall be amercied Westm 1. 48. 3. E. 1. A writ of Dower unde nihil habet shal not abate though she have received part of her Dower before the writ purchased unlesse it were of the same party against whom the writ was brought and in the same Town Westm 2. 4. 13. E. 1. In place of a writ of right a Quod ei deforceat is given to tenant in Dower for life by the coutresie in Frank-marriage and in tail upon losing by default CHAP. 28. Rule 2. Marlebr 7 52. H. 3. In a writ de communi Custodia if the deforceor come not at the grand distresse the writ shall be renewed as often as may be within half a year and every time read and claimed in the county-court and if he come not in to answer nor the Sheriffe finde him within that halfe yeare he shall lose the Ward saving his action another time if he have right Westm 2. 35. 13. E. 1. In a writ of ward of land or heir or both either of the parties dying before the plea determined a re-summons shall be And in the grand distresse day must be given that three County dayes may be held before the returne in every of which Proclamation shall be made whereupon if the defendant appear not judgement shall be given for the plaintiff saving the right of the defendant if afterwards he will claim it So shall it be done also in a writ of ejectment of ward Rule 6. Westm 2. 2. 13. E. 1. If the tenant disclaim in the County-Court or other Court not of Record the Lord may remove the plea before the Justices to cause it to be of Record so as he may have a writ of right sur dlsclaimer Glocester 4. 6. E. 1. Explanat 4 When land is given in Fee farme rendering or doing so much as amounteth to the fourth part of the value of the land if he whose land is charged let it lye fresh by two years so as no distresse can be found in it nor render or do that which is contained in the writing the other shall recover the land by a Cessavit but the tenant coming before judgment if he render the arrerages and damages and finde sufficient to do from thenceforth that which is contained in the writing shal retain his land Westm 2. 21. 13. E. 1. If a man detain from his Lord his service due by two years the Lord shall recover the land by a Cessavit This lyeth also for the Lords heir against the tenant his heirs and Alience Westm 2 41. If religious houses that have land given c. withdraw the Almes c. by two years the donor shall have the like action CHAP. 29. Rule 7. MArlbr 9. 52. H. 3. The processe in a Sella ad molendinum is attachment venire facias and the grand distresse see also there the order of proceeding in that action Rule 9. Stat. 25. E. 3 Stat. 3. 3 tht Kings Collation to a benefice being found before Judgment to be untrue shall be repealed Marlbr 12. 52. H. the processe in a Quare impedit shall be Summons Attachment and Grand distresse Westm 5. 13. E. 1. A Coparcener being disturbed after Partition shall have a Scire facias and shall not be put to a Quare impedit If tenant in Dower or by the courtesie have presented the reversioner being disturbed shall have a Quare impedit
Sheriffe Rule 30. Westm 1. 17. 13. E. 1. the Sheriffe or Bailifâ—â— may take the power of the County or Baliwick and beat down a Castel or Fortresse where such beasts are inclosed if he that took them will not make deliverance Rule 33. Westm 2. 11. 13. E. 1. Processe of Outlawrie given in an action of accompt Stat. 25. E. 3. Stat 5. 17. Such processe shall be made in a writ of debt and detinue of Chattells and taking of beasts by Capias Exigent as is now used in a writ of accompt Stat. 7. H. 5. 1. In writ against forgers of false charters and muniments like processe shall be made by Capias Exigent as in writs of trespasse Stat. 19. H. 7. 9. Like processe given in actions upon the case sued in the Kings Bench and Common place as in actions of trespasse and debt Stat. 23. H. 8. 14. Like processe shall be had in every action brought upon the statute of 5 R. 2. 7. concerning forcible entry as in trespasse and like processe in every writ of annuity and covenant as in debt CHAP. 38 Rule STat. 25. H. 8 20 for the election nomination presentation investing and consecrating of Arch Bishops and Bishops Rule 32. Stat. 5. R. 2. 2. Prohibits going beyond sâ—â— without licence but it is repealed by 4. Ja. 1. Rule 35. Stat. Carlile 15. E. 2. The Dedimus potestatem shall be directed to two of the Justices or to one Justice and a Knight CHAP. 39. Rule 5. GLocester 5. 6. E. 1. An Action of waste is maintainable aginst tenant by the courtesie in dower for life or years and the party attainted thereof shall lose the thing wasted and recompence the party grieved thrice so much as such waste shall be taxed at Westm 2. 14. 13. E. 1. the processes in a writ of waste shall be summons attachment and distresse and if he come not then a writ unto the Sheriffe taking with him 12 men to go to the place wasted aed there enquire of the waste and upon that waste returned judgement shall be Stat. 11. H. 6. 5. Where the tenants grant over his estate but notwithstanding takes the profits and commits waste an action lies against him Magn Cart. 4. 9. H. 3. The Guardian may not commit waste in pain to lose the Wardship And Cap. 5. must repaire and sustain the houses of the profit of the land Glocester 5 6. E. 1. If the Guardian commit waste and the Wardship lost answers not the damages before the heires age he shall render damages to the heir otherwise Artic. super Cart. 18. 28. E. 1. An Escheator committing Waste upon Wards lands shall answer damages Stat. 36. E. 1. Stat. 1. 13. The heir shall have an action of waste against the Escheator committing waste as well within age as when he is at full age See also 14. E. 3. 13. Westm 2. 22. 13. E. 1. A writ of waste is given for one Jointenant or tenant in common against another wherein the defendant is to be at his choise to take his part in certain and then to have for his part the place wasted or to agree from thenceforth to take nothing more then his Companions do Glocester 13 6 E. 1. Hanging a plea by writ the tenant may not commit waste nor estrepment of the land in demand and if he do the demandant may have awrit to cause the land to be kept that no wast nor estrepment be done CHAP. 40 Rule 2. 36 E 3. 15. Declarations shall be good enough if they have matter of substance though the termes be not apt Rule 10 Westm 1. 46. If a writ of novel disseisin be purchased and the disseisor die before the Assize be pasesed the plaintiffe shall have a writ of entry sur disseisiâ— against his heir The like shall the heir of the disseisin have in case he die c. The nonage of the heir of the disseisor or disseisee shall not prejudice in an Assize If the Inquest pass against the heir of the disseisee he shall have an Attaint gratis Glocester 2. 6 E. 1. Where an Infant is held from his Inheritance whereby he is driven to his writ the Inquest shall passe notwithstanding his non-age Exposition of the Stat of Glocester 26. E. 1. Touching an Enquest to be made for an Infant that Statute shal run without limitation of time Westm 2. 40 13. E. 1. The suit of a woman or her heir in a Cui in vita or a sur Cui in vita after the death of her husband shall not be delayed by minority of the heir who ought to warrant the land Rule 31. Westm 2. 42. Certain cases wherein vieâ— shall not be granted Stat. de visu terrae Essoyne de servitio Domini Regis 12. E. View shall be granted in a writ of Ward in a writ of Customes and services in a writ of Advowson of a Church where there be more Churches then one in a Town and all of one Saint in a writ of Dower and in a nuper obiit Rule 32. West 2 3. The reversioner may be received in default of tenant for life dower curtesie c. If Judgment be given by reddition or default the reversioner shall have a writ of entry after the death of the Terâ—or so shall the heir also where the tenant was tenant in tail Stat de defensione Juris 20. E. The reversioner desiring to be received before judgment shal finde surety as the Court shall allow to answer the value of the issues of the tenant from the day of the receit till judgement if it passe for the demandant Sta. 13. R. 2. 17. The like receit shal be for the reversione upon the faint pleading of such a tenant and he shall plead in chief without delay and the Judges by discretion shall give dayes of grace between the demandant and him that is received without giving the Common day in plea of land unlesse it be by the demandants assent Surety for the value shall be found as before in 20. El. as well where the receit is counter pleaded as where it is granted Glocester 11. Tenant for years shall be received before judgment rendred to say that the Action was by Covin Westm 2. 3 Receipt is given to the Wife in her Husbands life time if he lose her land by default and the tenant that recovered against the husband must maintain his own right Rule 33. Westm 1. 39. What Counter-pleaders are good in Mortdancestor nuper obiit Intrusion and such like actions and also in writs of Entry in the degrees c. See also Stat. de vocat ad warrant 20. E. 1. 1. 4. E. 1. 18. Westm 2. 6. Rule 48. After Sanctuaries were taken away for sundry offences by divers Statutes at last by the Statute of 21 Jac. 28 They were totally annulled Rule 5 3. Glocester 3. The heir shall not be barred of his Mothers Inheritance by the Warranty of the father being tenant by courtesie or alienation without
outlawed for treason or felonie saving the right of others But note that this is altered for treason by 5. E. 6. 12. Rule 13. Magn. Cart 22 9. H. 3. The King shall have the land by a year and a day and then render it to the Lord of the fee Praerog Reg. 16. 17. E. 2. The King shall have the profits by a year and a day and also the wasting of the tenements by pulling down houses cutting down woods digging up meadowes c. Rule 18 Stat. 21. H. 8. 7. made perpetual by 5 El. 10. the servant that hath any goods or chattels delivered unto him to keep by his master and with an intent to steal doth either go away therewith or being in service imbeziles or converts the same to his own use shall be judged a thief if the value of the goods amount to 40 s. Howbeit this extendeth not to apprentices or persons within eight years of age Rule 21. Stat. 21. H. 8. 11. where a felon robbeth or taketh the money or goods of any and is thereof found guilty or otherwise attainted upon evidence given by the party himselfe or others by his procurment in thaâ— case the justices of G. D. or other justices before whom he is so found guilty or attainted have power to award a writ of restitution for the mony or goods so robbed or taken in like manner as if the felon were attainted at the suit of the partie in an appeal Rule 23. Stat. de Malefact in parcis 21. E. 1. It is no felony for Foresters c. to kill misdoers c. If they will not submit themselves Rule 25. Glocester 9. 6. E. 1. He that killeth a man by misadventure or se defendendo must put himselfe upon the Country and if he be found to have done it so the King if he please may pardon him Marlbr 25. 52. H. 3. To kill a man by misadventure shall be no murder CHAP. 21. Rule 3. STat. de proditionibus 25. E. 3 Stat. 5. s. It is high treason to kill the Chancellor Treasurer c. as in the second Rule of this Chapter Also to counterfeit currant money To bring false money into this Realm counterfeit according to the money of England knowing the same false to merchandize or make payment with it To counterfeit the great Seal or privy seal Stat. 1. Mar. Sess 1. 6 Seal-manuel privie signet or privy seal strange coine currant in this Realm Stat. 1. 2. P.M. 11. To bring wittingly false forein coine hether to the intent to utter it within the Realm Stat. 5. El. 11. To clip wash round or file any money of this Realm or currant here Howbeit this causeth forfeiture of land for life onely but no losse of Dower or blood corrupted Satt 18 El. 1. To impair diminish falsifie seal or lighten any money by any art wayes or means whatsoever Stat. 1. El. 1. 6. Stat. 13. El. 1. Treason to advance the Popes authority c. Stat. 33. H. 8 20. Attainder of high treason by 〈◊〉 course of the common Law or Statutes of this Reaâ—â— shall be of as great force as an attainder by Parlameâ—â— And the King shall have the real possession of eveâ—â— thing forfeited without inquisition or office saving strangers c. Stat. 29. El. 1. No record of attainder of treason shaâ—â— be reversed where the partie attainted is executed 〈◊〉 the same offence Stat. 20. H. 10. and 5. 6. E. 6. 11. Any offence 〈◊〉 treason hertofore committed out of the limits of 〈◊〉 Realm shall be inquired here by commission and 〈◊〉 proces used as if it he had been don within the Realâ— One Resiant out of the limits of the Realm may 〈◊〉 outlawed for high Treason An estate Tail shall be forfeit for high Treason CAAP. 22. Rule 2. 36 E. 3. 15. All pleas which be pleaded in â—ny of the Kings Courts c. or in the Courts of other Lords shall be pleaded shewed and defended answered debated and judged in the english tongue and entred and enrolled in Latine Rule 7 14. E. 3. 6. No processe shall be annulled 〈◊〉 discontinued by the Clerks mistaking in writing oâ—â—silable or letter too little or too much but shall be speedily amended without any advantage to the other Stat. 9 H. 5. 4. The justices before whom such pleas oâ— records be made or shall be depending may make such amendment as well after judgment as before so long as such record or processe shall continue before them Stat 4. H 6. 3. The Statute of 9. H. 5. 4. is made perpetuall provided it shall not extend to records or processes in Wales or whereby any person is outlawed Stat. 8. H. 6. 12. No judgment or record shall be reversed or annulled for error assigned by reason of the raising or interlining of any record processe warrant writ pannel or return or any addition subtraction or diminution of words letters titles or parcel of letâ—â—rs found in the same The Judges may reform all defects in any reeord processe word plea warrant writ pannel or return except appeals indictments of treason or felonie and the outlawries of the same and the substance of the proper names sirnames and addition left out in original writs exigents and in other writs of Proclamation contrary to the statute of 1 H. 5. 5. so as by such misprision of the Clerk no Judgment shall be reversed or annulled Variance alledged betwen a Record and the Certificat thereof shall be amended by the Judges Stat. 8 H. 6. 15. The Justices may amend the misprisions and defaults of Clerks of the Court or of Sheriffes and their Clerkes and of all other Officers whatsoever found before them in any record or processe or the return of the same by reason of writing one letter or syllable too much or too little except in records and processes within Wales and of felonies and treasons and the dependances of the same Stat. 27. El 5 After demurrer joyned and entred the same Court amended all imperfections defects and wants of forme other then those onely which the party demurring shall particularly expresse in his demurrer Howbeit his Act shall not extend to the proceedings in an appeal of fellony or murder or upon an Indictment presentment or penal Statute Rule 8. westm 2. 39. 13. E. 1. Damages given against the Sheriff if he return not at all or return a tarde upon writs delivered or offered to be delivered him by bill so upon returning a Mandavi Balivo libertatis falsly Upon any resistance of any great man to execute the Kings precepts the Sheriffe shall take the Posse â—â—mitatus and see it served See 2 E 3. 5. The Stat. of York 5. 12 E 2. Bailiffes of Franchises maâ— deliver their returnes of writs to the Sheriffs by Indeâ—ture and if he change the return the Lord of the â—â—berty and the party shall recover double damagâ—â— Sheriffs and Bailiffs shall set their proper names to 〈◊〉 returnes Stat. 27. El. 12 Every Under-Sheriff Bailiff of