petty The every one shall forfeit his Goods but not his Lands at this day 8. Ed. 2. Coron 406. 22. Book of Assises 41. the same 27. H. 8. fol. 27. If Tenant in Tail be attaint of Felony or Treason he shall forfeit his Goods but his Issue shall have his Lands but by the Statute of 5 6. of Ed. 6. chap. 11. For high Treason Tenant in Tail shall forfeit his Lands 7. H. 4. fol. 33. By Outlary in Debt or Trespasse the outlawed shall forfeit his Goods but not his Lands but the King shall have onely the profit of his Lands 21. H. 7. fol. 7. Yet the party outlawed may make a Feoffment and it is good 9. H. 6. fol. 52. verbatim One killeth a man and flies therefore his Goods are presently confiscated and see Stamford fol. 183. Upon a making flight found though afterwards he be acquited he shall forfeit his Goods 8. Ed. 2. Coron 390. If an accessary before the Felony fly he shall forfeit his Goods but otherwise of him that is accessary after the Felony Stamford fol. 47. the same 4. H. 7. fol. 19. VVhere in arrest for Felony one is slain in flying the arrest he which is slain shall forfeit his Goods and yet he was not attaint Stamford fol. 46. Lands which a man attaint hath at the day of the Felony done are forfeited but no Goods but those which he hath at the time of the Judgement By an Outlary in Felony he shall forfeit his Chattels but if one give them before the exigent they are not forfeited 47. Ed. 3. fol. 24. A man attainted for Felony shall forfeit his Lands which he hath at the day of the Felony done otherways it is of his Goods for if he sell them before the attainder the sale is good but note that they are not given by Covin to defraud the Queen for then the Gift is not good as I intend 33 Ed. 3. Tit. 30. To the Goods of one attaint it shall have relation but to the Judgement and Conveyance of them before is good by Perkins fol. 6. If one commit Felony and is attaint and in the mean time betwixt the Felony made and the attainder he departs with his Goods this Gift is good Stamford fol. 48. the same Stamford fol. 192. The Town where the Goods of Felons and Fugitives are shall answer for them always and the Sheriff may seise the Goods but not carry them away till he be attainted for he shall have them to live upon Stamford fol. 47. And that no Sheriff Rastal forfeiture 14. Bailiff of a Franchise nor other person ought to take or seise Goods of any person arrested and imprisoned before the same person be convict or attaint of Felony according to the Laws or that the same Goods be otherways forfeited upon pain of double value to the party greived and note who is the party greived and that is they in Prison and not out but he cannot seise his Land 1 R. 3. chap. 3. By Hull where a man is indicted of Felony his Goods shall not be removed out of his house before he be attainted for he shall live of his Goods 7. H. 4. fol. 48. Officer ought not to seise Chattels of a Felon before attainder but to sequester them that they shall not be stolen and to make the party finde Surety that they shall not be conveyed away and if he do not to put them into the hands of neighbours to keep 43 Ed. 3. fol. 24. See Stamford 192. for the time of Forfeiture Relation Now for that that diverse Lords of Leets have diverse Liberties and Prâ—viledges and some are by the Kings Grant and some by Prescription let us see what Liberties and things the Lord may have by the Kings Grant and what not and what Liberties and things he may have by Prescription only but not without shewing a Charter and what he may and then who shall have without shewing allowance and who not THe Lord cannot have the Goods of Felons but by Charter and Grant of the King and not by prescription but the Lord may have weif and stray by prescription 21 H. 7. fol. 32. One cannot prescribe to have the Goods of Felons and Fugitives and to have that by prescription without shewing a Charter but to have weif and stray and wreck of the sea he may have by prescription onely 9. H. 7. fol. 20. Abridg. Assises fol. 78. 2 Ed. 3. Fitzh Coron 241. One may have in fangtheef that is to say to have Theives taken within his Lordship to be adjudged in the Lords Court and also out fangtheef that is to say Theives of your own Land to be adjudged in your Court by prescription 46. Ed. 3. fol. 16. A man cannot have the Goods of Outlaws unless it be by Charter Abridgement of the Book of Assises fol. 78. Your Lord may prescribe to hold plea and to have that by prescription onely but you cannot prescribe to have Conusance of plea by prescription onely without shewing the Charter of the King 9 H. 7. fol. 10. One may prescribe to have a Park and a Leet and that by prescription onely and may have that without shewing allowance in Eire 1. H. 4. fol. 5. A man cannot have the Chattels of Fugitives without the Charter of the King for it is a thing of the Kings Prerogative 46. Ed. 3. fol. 16. The Abbot of Westminster prescribes to have Sanctuary for Felony and Treason and to hold pleas and could not without shewing a Charter dated before memory to prove the beginning of that and for that that this is against common right he ought also to shew allowance of that after the time of memory but he may have weif and stray and view of Frank-pledge by prescription onely and without shewing allowance but otherwise it is to have the Goods of Felons and Fugitives 2. Ed. 4. fol. 21 22. Note that the things that you may have onely by prescription of common right you shall have without shewing allowance and the other things not without shewing allowance The allowance which you ought to shew shall be that which was allowed in the Kings Bench or in Eire and not in the Common Bench. Ancient grant of the King shall be taken as it hath been allowed as the King hath granted to one his royall Rights and the King is concluded by the allowance in a Quo Warranto in the Kings Bench and not in the Common Bench 10. H. 7. fol. 13 14. Charter of H. 2. dated before memory and allowance of that shewed after memory in the Common Bench it is not good at this day unless it be in Eire 21. H. 7. fol. 29. The Kings Bench is Eire and more then Eire for if the Kings Bench cometh into the County where the Commission in Eire is that shall cease 27. Assise 1. Grant of the King Where the King hath granted to you by his Charter the Goods of Felons and Fugitives what things pass by this
Escheat 7 H. 4. fol. 18. the same 6 H. 4. fol. 5. Lord and Tenant within age the Tenant is disseised and dyes without heire the Lord may enter by Escheat The same Law is if he being an Infant tenant alien and dyes without heire the Lord shall have by Escheat Fitzh fol. 144. A. If Tenant in taile dye without heire he in reversion shall not have a Writ of Escheat But if Tenant in taile the remainder to his right heires and dyes without heire then the Lord of whom the Tenant in taile holds shall have a Writ of Escheat Fitzh 144. E. Where the Tenant is a Bastard and dyes without Issue this Land shall Escheat Tit. Escheat 34. B. Where there is a Bastard eldest and a legittimate younger and the Bastard enters and dyes seised without Issue the Land shall not Escheat Natura brevium fol. 103. If the Tenant be disseised and is attaint of Felony the Lord may enter by Escheate Abridgement of Assise fol. 88. Lord and Tenant the tenant being within age aliens and dyes without heire the Lord may enter by Escheat 6 E. 3. Statham If my Tenant within age alien in Fee and dyes without heire I may enter by Escheat the same Law is if my tenant within age be disseised and dyes without heire I may enter by Escheat Stamf. 42. If any free tenant of any Bishop be attaint for Felony during the time of the vacation the King shall have Escheat of his Lands By Prerogative ch 14. Fitzh 144. O. If the Lord have title to have a Writ of Escheat if he accept Homage of his tenant he shall not have a Writ of Escheat against him afterwards 7 H. 4. fol. 18. Lord and Tenant the Tenant is disseised and dyes without heire the Lord may enter for right of entry may Escheat against a Disseisor but if the Disseisor dye or alien the Lord cannot enter by Escheat upon the heire of the Disseisor nor upon the Alience 22 Book of Assises 49. The King shall have the Lands by Escheat of one attainted of high Treason of whomsoever hee hold notwithstanding of petty Treason the Lord shall have them 29 Book of Assise 61. Note that Lands in taile shall not Escheat for the Felony or attainder of his Father but by the Statute of 5 6 Ed. 6. chap. 11. for high treason the King shall have his Lands 6 H. 7. fol. 9. by Keble Right of entry may Escheat as where the Disseisee dyes without heire or is attaint of Felony the Lord may enter 7 Ed. 6. tit 18. It was held If there he Lord and Tenant by Fealty and Rent the Tenant is disseised the Disseisee dyes without heire the Lord accepts the Rent by the hands of the Disseisor yet he may enter for Escheat or have a Writ of Escheat and the receit of the Rent no Barr contrary if he had avowed for that in Court of Record or if he had taken corporall service as Homage c. Contrary of acceptance of Rent by the hands of the heire of the Disseisor or of his Feoffee 48 Ed. 3. fol. 2. by Belk Where a man commits Felony and after purchase Land or Land discends to him after this is forfeited and Escheated as well as the Land which he had time of the Felony made 22 H. 6. fol. 37. by Newton A man seised of Land in fee goes beyond the Sea to B. out of the Kings Allegiance without the Kings license and there marries a Wife and there hath Issue and dwells there all his life and dyes without other Issue his Land shall Escheat and none other of the blood shall inherite 1 R. 3. fol. 4. by Hussey He which is borne beyond Sea and his Father and Mother English and faithfull to our King that their Issue shall inherite by the Common Law but the Statute makes that cleer and his Lands shall not Escheat 9 H. 7. fol. 2. If Tenant of the King dyes without heire and none enters the Freehold is in the King without Office by Escheate But if Tenant of the King alien in Mortmaine it is not in the King without Office 27 H. 8. tit Office 90. Br Where one is attaint by Parliament his Lands are not in the King by Escheat to grant over without Office 29 H. 8. tit 52. Charter of pardon Br. The King may be intituled to goods without Office by Outlawry but not to Lands 38 H. 8. title Thing in action 211. Br By the Statute of 31 H. 8. gives to the King possession of Lands of Monastries without Office for the words are that the King shall be in possession of them yet if an Abbat were disseised of foure Acres of land the King cannot grant that over before entry made by him into it Time of H. 8. tit 119. Pre. Br It seemes that the King shall not have a Precipe quod reddat as a Writ of Escheat but his title shall be found by Office Time of Ed. 6. tit Denizen 17. Where an Alien born purchaseth the King shall have it but the purchase ought to be found by Office 33 H. 8. tit Fines levied 115. Title Office before Escheator 60 Br King shall have Chattels without Office but not Ward 2 H. 7. fol. 8. The King may re-enter without demand where there is a clause of re-entry in his Lease but then that shall be found by Office Tit. Escheat 23. Br Alien borne hath Issue a Son and after is made Denizen and after hath Issue another Sonne and purchase Land and dyes the youngest Sonne shall have the Land and not the eldest nor the Lord by Escheat Tit. Escheat 29. B. VVhere a man is attaint of Heresie and delivered to Lay men to be burnt yet he shall not forfeit his Land unlesse he be put in execution and there by the execution the Lord shall have Escheat unlesse the Land be held of the Ordinary then the King shall have it Enquest FOR that that you try your Copy-holders and other Issues by consent by Jury let us see how many shall be sworn of a Jury The Statute of Westm 2. chap. 13. is that the Sheriff shall inquire by twelve and not by lesse and the same Law shall be in Leet and for that that this Statute doth not extend to Court-Baron Presentment of Articles there by lesse then twelve may be for one may hold Court-Baron though there be but two Suitors and then they may inquire by two of Articles for the Lord but hard it is when every one is inheritable to the Lawes of the Realme and the triall of the Law is by twelve of Issue joyned between party and party that by your not power that is to say that there should not be twelve Tenants of every Jury to take from me my Triall which the Law gives to me and if you will try Issue by lesse then twelve you may impannell three or foure of the Freinds to the parties and to have no number certain under twelve but to have such a
85. the same It is granted by all the justices that the King shall not out the Farmor of his Tenant by reason that the heire of his Tenant is in ward nor he which hath execution upon the Statute nor Rent charge granted by his Tenant nor grant of next Advowson Time of H. 8. Tit. Ward 44. Now if the Tearm be not found in the Office for the King yet the Farmor shall injoy his Tearm 2 Ed. 6. chap. 8. Where there is Lord and Tenant Rastall Escheat 15. and the Tenant grants a Rent charge and dies his Issue within age the Lord being Guardian shall hold this Land charged 3 Book of Ass 1. Seisin Seisin of the Guardians vests Free-hold in the Heire and Chattell in the Guardian and Seisin of the Lord of parcell sufficeth to have ward but not to avow for all and see what Seisin is materiall WHere by Office one is found in ward to the King that settles the profits in the King and the Freehold in the Heire 1 H. 7. fol. 6. and 42 Ed. 3. f. 4. Seisin of the Ward is Seisin of the Son within age so that if he dye without other Seisin the Daughter of the halfe blood shall not have this Land 8 Book of Assises 6. Possession of the Guardian is possession of the Heir for if the Guardian be outed the Heire shall have Assise without other Seisin 2 Ed. 4. f. 5. Though the Free-hold be in him which is in ward yet if he being in Ward cut the Trees of his Land in Ward the Lord may have trespasse against him 5 H. 4. fol. 2. If the Tenant holds by Homage Fealty and Rent and the Lord hath been seised of the Rent but not of the Homage within memory yet this sufficeth to have the ward 6 Ed. 6. Tit. Ward 122. If the Tenant hold by Rent and Knights Service and the Lord and his Ancestors have been alwaies seised of the Rent but not of the Homage Escuage not of the ward yet if the ward fall The Lord shall have the Ward of the Heire by Seisin of the Rent for the Seifin is not traversable notwithstanding otherwise it seems to make avowrie 7 Ed. 6. tit 69. 13 H. 4. Seisin of Homage without Escuage is sufficient to have releife for avowrie 22 Ed. 3. Tit. 90. Tenure B. By the Seisin of Escuage the Lord may distraine and make Avowrie for Homage 27 H. 8. fol. 25. Avowrie for Fealty and Rent and Issue upon the Tenure Seisin of the Rent is not good evidence nor Seisin of Suit of Court for it is another thing that the Avowrie is made for 44 Ed. 3. f. 11. Seisin of Fealty is not iufficient Seisin to have Assise of Rent but sufficient Seisin to make Avowrie for all 45 Ed. 3. fol. 23. the same Seisin of Escuage nor releife shall not be traversed and for that where one avows for Homage Fealty Releife and Escuage it is no Plea that he was not seised of Escuage nor of releife for paradventure Escuage is not assessed by Parliament within memory 13 H. 4. f. 6. Where one holds by Fealty and Rent If the Lord were seised of the Rent it is sufficient to avow for all see 29 Ed. 3. fol. 31. and 27. H. 8. f. 24. But the Issue was upon the Tenure Where one holds by Fealty and Rent Seisin of Fealty is sufficient to avow for all 45 Ed. 3. f. 28. 44 Ed. 3. f. 10. See 27 H. 8. f. 24. Seifin of parcell of Rent is sufficient to have Assise of all 8 Book of Ass 4. But if one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Nat. Bre. fol. 109. If one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Abridg. Book of Ass fol. 16. Seisin of Rent by the Predecessor of a Parson c. Of a corporation if it be gainfaid to the Successor it is sufficient to have an Assise of this Seisin Fitzh fol. 179. C.F. Seisin of Fealty is not sufficient to have Assise of Rent 20 H. 3. Tit. Avowrie 433. Where one holds by Fealty and ten shillings Seisin of parcell of the Rent sufficeth to have Assise for all Inquire time of Ed. 1. Tit. Avowrie 229. One may avow for releif without alleadging any Seisin of it 20 Ed. 3. Title One may have Escheat and Ward before that he be seised of the Services 11 H. 4. f. 16. Where one avows for that that the Plaintiff hath common in his Land and hath used to pay to him ten shillings and hath used to distraine for that it is not good without alleadging Seisin of that Rent 26 H. 8. fol. 6. Homage and Fealty And for that that the third Article of the charge is to inquire of Services withdrawn and for that that some Tenants make Homage and Fealty and some Fealty only you ought to see the form in Master Littleton fol. 18. and 19. Of making of one and of another and what shall be one and what the other and that none shall make Homage nor take Homage but such a one which hath an Estate in Fee simple or in Fee taile in his own right or in right of another and if a Woman having Lands in Fee or in taile takes a Husband and have Issue The Husband in the Life of his Wife shall make Homage but before Issue it shall be made in both their names and if the Wife dye the Husband shall not make Homage HOmage shall not be made to Tenant in Dower for it shall be made to none if he hath not Inheritance 22 Ed. 3. f. 19. 7 H 4. fol. 21. He which holds by Knights Service shall make Homage Litt. fol. 22. He that holds by Socage may hold by Homage and shall make Homage One cannot avow upon a Husband and a Wife as of right of the Wife for Homage unlesse that the Husband hath Issue by the Wife but if he avow upon them it need not be alleadged but it shall be intended that they have Issue see 44 Ed. 3. fol. 41. and 43 Ed. 3. fol. 13. Corporation cannot make Homage for corporation cannot appeare but by Attorney 33 H. 8. Title Fealty 15. Bishop or Abbot may take Homage contrary of Parson of a Church Time of Ed. 1. Tit. Fealty 12. In a Perque servitia an Infant was constrained to attorn and to make Fealty notwithstanding his nonage 20 Ed 3. Tit. 19. Tenant for yeares shall make Fealty to his Lessor Lit. fol. 29. D. 9 H. 6. fol. 43. and 5 H. 7. fol. 11. accordingly where a Rent is reserved By all the Justices that Tenant for yeares shall not make Fealty for it is as I beleeve to be intended not to the Lord but to the Lessor 10 H. 6. f. 13. It seems that a Lessor may avow upon a Lessee for years as within his Fee by the Mannor and for that shall make Fealty to his Lessor and may avow for
without Issue the youngest Son shall pray releife and the Fee was but in expectancy 40 Ed. 3. fol. 9. A gift to three Brothers for life the remainder to the middlemost in taile the remainder to the right heires of the elder in Fee the middlemost and the youngest dye without Issue the Fee is executed in the eldest 40 Ed. 3. fol. 20. Tenant for life the remainder to J. S. in taile the remainder to the right heires of the Tenant for life the Tenant for life is impleaded and hath ayde of him in remainder for that that the Fee is in expectancy 41 Ed. 3. fol. 16. Lease for life the remainder in taile the remainder to the Tenant for life in Fee yet if he make waste hee shall be punished in waste for that he hath the Fee in expectancy but not executed Fitzh fol. 60. B. Gift in taile the remainder to his right heires in Fee this remainder is not executed yet it is in him to grant Perkins fol. 19. 12 Edw. 3. the same and 7 H. 5. fol. 2. the same Where one hath an Estate in taile Rastall Treason 12 19. the remainder to his right heires and is attaint of Felony he shall forfeit the Fee but the Issue hath the Estate taile 12 H. 4. fol. 3. But by the Statute of 5 Ed. 6. chap. 12. and 26 H. 8. chap. 13. One attaint of high Treason against the Queen the Issue shall not have the Land intailed 7 H. 8. fol. 48. Fitzh fol. 30. B. Tenant in taile Land is given to R. and Katharine and to their Heires and to the other heires of the said R. If the said heires of the said R. and K. Issuing dye without heire of them it is an Estate taile 5 H. 5. fol. 6. Perk. fol. 35. a. LAnd was given to one and to his Heires if he have Issue of his Body begotten and if not that the Land should return it is an Estate taile 35 Book of Ass 14. Land is given to one to hold to him and his heires if he have an heire of his own flesh and if not it should return it is an Estate taile 37 Ass 15. Land is given to one to have to him and the heires of his Body and to one heire of the said heire only it is and estate taile for two Discents at least Plowdens Commenfol 39. Book of Assises 20. Gift to the Brother and to his Sister and to the heires of their two Bodies begotten is an Estate taile that is severall tailes 18 Ed. 3. f. 39. and 17 Ed. 3. f. 51. Land is given to a married man and to a woman married to another man and to the heires of their Bodies begotten they have an Estate taile presently 15 H. 7. fol. 10. If Lands be given to one to have and to hold to him and his Heires And if it happen that he dy without heire of his Body then it shall remaine c. It is an Estate taile 5 H. 5. f. 6. and 19 H. 6. f. 75. the same Land is given to the Husband and to his Heires of the Body of Margaret his Wife begotten though that Margaret were dead at the time of the gift it is an Estate taile 12 H. 4. f. 2. Lit. f. 6. Lands was given to the Husband and his Wife and to their heires saving the reversion it is an Estate taile 9 Ed. 3 Statham Lands were given to Maude late the Wife of John Mandevill and to the heires of the said John which he begot of the body of the said Wife the Wife hath an Estate for life the Issue an Estate taile 2 E. 3.7 17 E. 2. Tit. Fitzh 23. Taile 7. 23. Where lands were given to one and his Heires of his body begotten before the Statute of Westm 2. he had fee conditionall and after Issue had had power to alien and now by the Statute they have taile Lit. f. 3.12 Ed. 4. f. 3.19 Ed. 2. Tit. 61. and 18 Book of Ass 5. the same A man gives to the Husband and his Wife for their lives and the longest liver of them the remainder to the Heires of their Body this is a good intaile executed immediately 35 H. 8. Brook Estates 75. Lands are given in frank-marriage to have to them and to their heires it is said that they have Fee but if it were given to them in taile to have to them and their Heires they have taile and Fee expectant 45 Ed. 3. fol. 20. and 32 Ed. 1. there Fitzh Taile 25. it is adjudged taile If Lands be given to a man and his Wife in frank-marriage to have to him and to his heires they have taile for the frank-marrying shall not be defeated by these Words afterwards 31 Ed 1 Tit 25. Lands are given in Frank-marriage the remainder over to a stranger and for that it cannot be an acquittall it shall be called speciall intaile 31 Ed 3 Tit gard 116 and 17 Ed 3 Taile 2. Gift to one in taile the remainder to his right heires he hath taile and Fee expectant 7 H 5 fol 2. Lease is made for life the remainder to another in taile the remainder to E. Daughter of the Earl of Arundell in taile saving the Reversion and all dye and E. is heire to the Donor and hath taile as Purchasor but shee hath fee expectant and she shall have aid but not age if she be within age for that that the Fee is but in expectancy 40 Ed 3 f 13. 24 H. 8. Tit. 33. Tenant in taile hath Issue and aliens with warranty and levies Assets and dies the Issue cannot recover by Formedon for the Warranty and Assets is a Barr and if the Issue alien the Assets his Issue shall not have Formedon but his Issue shall have a Formedon for no Assets discends to him 35 H. 8. tit 39. Land is given in taile to the King and after the King by his Patent lets for yeares or for life and hath Issue and dyes the Patent is voyd for it is no discontinuance Tit. Discent 35. for a Grant without livery doth not make discontinuance 32 H. 8. If Tenant in taile lets for yeares and dyes without Issue the Lease is voyd and hee in remainder may enter 5 Ed. 4. fol. 2. Tenant in taile shall not have a Quo Jure nor Ne injuste vexes for they are VVrits of Right 14 Ed. 4. fol. 6. If one recover in a Writ of Right against Tenant in taile of a Rent he hath Fee till he be defeated The same Law if tenant in tail be disseised the disseisor hath fee till he be defeated and so hath the discontinuee 39 Ed 3 tit 18 Tenant in tail of a Lordship by default of entry within a year after the alienation of the land in Mortmain may prejudice him in remainder in tail and by consequence his issue Fitzherbert 224 Tenant in tail shall have a Quod permittat Fitzherbert 136 shall have a VVrit of Mesne Fitzherbert 151 O shall have a VVrit of customes and services
in the Debet and Solet Fitzherbert 134 C shall not have a VVrit of Rationabilibus divisis which is a VVrit of Right Fitzh 10. D. The issue in tail shall not be estopped by Seisin of more rent in the time of his father and for that he shall not have a Ne injuste vexes but may avoid that in Avowrie Fitzh fol. 9. If Tenant in tail hath Issue two Daughters and one enters in all the other shall have a Formedon and not Nuper obiit nor Rationabili parte Fitzh 39. If Tenant in fee of an advowson be disturbed he shall have a Writ of Right of advowson But Tenant in tail of advowson if he be disturbed shall have a Quare Impedit and not a Right of advowson Fitzh 105. S. If Tenant in tail be barred in a Formedon by false verdict and after releases and dies his heir shall have Attaint Fitzh 158. L. The Issue in tail shall have Detinue against the Discontinuee for the deed by which the land was given in tail Fitzh 155. If Tenant in tail lose by default and dies without Issue he shall not have quod ei deforceat but a formedon 7 H. 4. fol. 48. Tenant in tail before the Statute had fee conditional and now by the Statute hath tail and for that shall not forfeit for Treason nor for Felonie but that the Issue shall inherit but by the Statute now he shall forfeit for Treason Nat. bre fol. 102. If tenant in tail be attaint for Felonie his Issue shall inherit 12 H. 4. f. 3. If tenant in tail forfeit his land his Issue shall inherit and yet his wife shall not be endowed by Hank Litt. fol. 11. If a man be seised of land and commits fellonie and after aliens and after is attaint his wife shall have a Writ of Dower against the Feoffee by Navisor But if it be escheated to the King or Lord she shall have no Writ of Dower see 8 Ed. 3. contrary in the like case Nat. Brevium fol. 101. If tenant in tail commit felony for which he is attaint the King shall have escheat for his life 5 6 Ed. 6. cap. 11. VVhere the Husband commits high treason the VVife shall not be received to demand her Dower Perkins fol. 61. If tenant in general tail takes a VVife and hath Issue by the same VVife and the Husband is attaint of felonie and dies his VVife shall not be endowed and yet by the Statute of Westm 2. cap. 1. the Issue shall inherit Stamf. fol. 194. By the Common-Law the offender in felonie or treason shall forfeit the title that his VVife shall have by the marriage to be endowed of the land But by the Statute of 1 Ed. 6. cap. 12. though any person be attaint convict or outlawed of any misprision of treason murther or felonie yet their VVives shall be endowed But by 5 6 Ed. 8. cap. 11. it is otherwise of treason as afore is said see 5. Eliz. cap. 1. cap. 11. 18 Eliz. cap. 1. for certain treasons 19 Ed. 2. tit 61. Fitzh Before the Statute of West 1. after Issue had tenant in tail hath power to alien but not before Issue had 4 Ed. 3. tit 22. Fitzh Land given in special tail to have to them in fee and if they die without Issue of their body that the land shall revert c. this is adjudged a special intail 24 Ed. 3. tit 4. Fitzh If lands be given to two Husbands and their VVives and to the heirs of their bodies begotten it is held clearly that this is a several intail that their Issues shall have several actions Littleton fol. 52. If lands be given to two men and to their heirs of their two bodies begotten the Donees have joynt estate for their two lives and yet have several inheritances that the Issue of one shall have one half and the Issue of the other the other half 8 book of Assise 33 the same 30 book of Assise 9 by Shard If the Ancestor at one time was seised of an estate tail and after purchaseth in fee and after charges the land and dies and his issue enters he shall hold it discharged 18 Ed 2 tit 856. Lands given to one and the heirs of his body to be begotten is a good intail and the issue before as after shall inherit 4 Ed 2 tit 22 Lands given to the Husband and his VVife and to the heirs of their bodies to have to them and their heirs and if they die without heirs of their body that the land shall revert and adjudged a special intail 2 Ed. 4. fol. 6. Land is given in tail to be held of the cheif Lords it is a void Tenendum and shall hold of the Giver 3 book of Assise 8. 4 H. 6. fol. 19. 27 H. 8. f. 31. If Tenant of the King makes a gift in tail without license the King may choose the giver or the to whom it is given for his Tenant but if he take the ward of one he shall not have the other 5 H. 4. f. 3. Where lands was given to Eme to have to the said Eme and the heirs of the body of Iohn late her Husband the remainder to the right heirs of Eme and for that the heirs of John were not named before the habendum he hath nothing but Eme hath an intail c. 12. H. 4. f. 2. Where lands was given to J.M. and to the heirs of the body of Eliz. late his Wife begotten and though Eliz. was dead at the time of the gift yet this is a good intail that W. the issue of J.M. of the body of Eliz. shall inherit Littleton 6. If a man have issue a Son and dies and land is given to the Son and to the heirs of the body of his Father begotten this is a good intail and yet the Father was dead at the time of the Gift What Acts by Tenant in tail shall bind his issue and others and what not TEnant in tail the reversion to the King Rastall Recoveries 4. makes a feoffment and dies his issue enters and is Tenant in tail for he cannot discontinue And 34. H. 8. chap. 20. If he suffer common Recovery or Voucher where the reversion is in the King this shall not bind the issue 40. Ass 36. Fine levied by tenant in tail in possession reversion Rastall Proclam 3. remainder or in use of full age with Proclamation according to the Statute of 4. H. 7. chap. 12. immediately after the Fine levied and Ingrossed and Proclamations made shall be a Barr against the Tenant in tail and also against his heirs claiming the tail But if Tenant in tail the reversion in the King levie such a fine Rastall Fines 9. this is in such force and effect as it was before the making of this Statute and not otherwise 32 H. 8. chap. 36. See 30 H. 8. tit Barr the 97. Assurance 6. Tenant in tail is bound in a recognisance and execution is sued by Elegit
and this land intailed is delivered in execution and the Tenant in tail dies after that his issue may enter notwithstanding this Act without suing Audita querela 38 book of Assisse 5. Tenant in tail grants a rent charge and dies the issue enters and enfeoffes I. S. and takes back an estate the charge is determined for by the entry of the issue the rent was extinct notwithstanding execution upon the Statute was executed against the Feoffee of the Tenant in tail and not against his issue 14 Book of Assises 4. Inquire and see the case of Trapps Plow Com. f. 436. 5 H. 7. f. 12. Rent charge is granted by Tenant in tail and after he dies this is determined If issue in tail be outlawed of felony in the life time of his father and hath a Charter of pardon in the life time of his father and after the father dies the issue may enter otherwise it is if the Charter were granted after the death of the father for then if he enter the King shall seise for his life but his issue may enter 29 Book of Assises 60. If Tenant in tail be bound in a Statute Merchant and hath issue and dies and execution is sued against the issue this is disseisin to him 17 book of Assise 21. If Tenant in tail grant a Rent charge and dies the Rent is determined and shall not bind the issue 5 H. 7. f. 14. B. 38 Ed. 3. tit 13. Tenant in tail chargeth the land enters into a Statute or Recognizance and dies it shall be void against the issue If one recover against the Tenant in tail and the Tenant in tail dies before he which recovers enters or hath execution the issue in tail may enter and is not bound by that 7 H. 4. f. 17. B. Littleton f. 155. Tenant in tail of a reversion acknowledgeth that by fine to one with warranty and dies yet this shall not bind his issue for it is no discontinuance by the Common-Law 9 Ed. 4. f. 19. But by 32 H. 8. chap. 36. this fine with Proclamation is now a barr after the year Tenant in taile of Rent grants that to one with warranty and dies this shall not binde the Issue for it is no discontinuance but at pleasure that is if he bring a Formedon and then warranty with Assets is a Barr 15 Ed. 4. fol. 6. 21 H. 7. fol. 10. and 13 H. 7. fol. 10. the same If the Tenant in taile exchange or devise his land in taile and dies this shall not binde the Issue but that he may enter for it is no discontinuance 9 Ed. 4. fol. 22. Tenant in taile grants a Rent charge for release of right in the Land this shall binde his Issue after his death 44 Ed. 3. f. 22. 8 H. 6.23 If Tenant in taile be attaint of Felony and dies that shall not bind the Issue but that he may enter by the common Law 12 H. 4. f. 3. Nat. Bre. f. 102. the same Tenant in taile of full age le ts for 21. yeares according to the Statute of 32 H. 8. chap. 28. reserving the ancient Rent or more and dies this is a good Lease and shall binde the Issue If Tenant in taile let for 22. yeares and dies this shall not binde his Issue but he may enter and our the Lessee but yet he may have covenant against the Excutors of Tenant in taâ—le though it were not warranted in the Indenture 48 Ed. 3. fol. 2. 18 Ed. 3. Tit. 13. the same If the father Tenant in taile of land suffers recovery and execution and dies or cause collaterall warranty to he made one or other shall binde the Issue untill c. for it is discontinuance 3 H. 7. f. 13. The Issue in taile in Formedon may falsifie a recovery by default had against his Father and also where it is by fained action as there was a release made to his Father not pleaded and so recovery joynt Littleton fol. 155 The Issue in taile is not bound by a recovery against his Father but that he may say that his Father discontinued and took another intaile and so was seised of another intaile then he demanded time of the recovery 12 Ed. 4. fol. 15. and 13 Ed. 4. f. 1. the same The Issue in taile is not bound by recovery against his Father if his Father were not Tenant but one J.S. 14 Ed. 4. fol. 2. and fee Plowd Com. fol. 1. the case of Mansell If Tenant in tail infeoffs one against whom a Precipe quod reddat is brought or an entry in the Post and he voucheth the Tenant in taile which made the Feoffment and he over the common Vouchee this double Voucher is the most sure conveyance to Barr the Issue by reason of the recompence in value and this is the common conveyance at this Day where there is an Estate taile and this barrs the Issue in taile forthwith and also is a Barr to him which hath over that in remainder in taile by reason of the recompence which the first Tenant in taile hath by his Voucher 13 Ed. 4. f. 1. and 27 H. 8. Tit. Recovery in value 28. Recovery upon Voucher against Tenant in taile is a Barr by reason of the recompence in value and recovery by Writ of Entry in the Post by single Voucher doth but give the Estate which the Tenant in taile hath in possession at the time of the recovery so that if he were in of another Estate then in taile there the taile is not bound against the Heire 23 H. 8. Tit. 32. Note that a Fine levied by Tenant in taile where the remainder is to another in taile with Proclamations if he dye without Issue he in remainder hath five yeares to make his claime and for that recovery is better for it is a Barr forthwith 30 H. 8. Tit. Recovery in value 30. Of Lands in taile the Issue in taile shall be bound and charged of these Lands to the payment of Debt which his Ancestor ought by obligation made to the King as I take it 33 H. 8. chap. 39. inquire Land that a woman holds in Dower of her Husbands shall be charged where the Husband was indebted to the King if the Heires or Executors have not sufficient but where the title of Dower was before the Debt to the King otherwise it is Fitzh fol. 150. Q. It seems that the Heire in taile shall be charged for Debt due in the Exchequer to the King by his Father if the Executors have not sufficient Fitzh fol. 117. C. Notwithstanding if Tenant in taile Debtor of the King in the Exchequer dy his Issue shall not be charged as it is held in Plowd Comment fol. 249. See there 440. For Debt of the King against the Heire in Fee 32 H. 8. Tit. Discont 32. Recovery against the Tenant in taile the Reversion or remainder in the King in Fee shall binde the Tenant in taile and the Issue in taile but shall not binde the King but now
by the Statute of 35 H. 8. chap. 20. It shall not binde the Issue in taile but that he may enter see M. 33. H. 8. Tit. 31. Recovery in value Seek if the Statute of 34. 35. H. 8. Provides for any Issues in taile but only the Issues of the Donees of the King for the Preamble speakes only of those but the Statute is whereof the reversion or remainder is in the King and for that it seems every Issue in taile where the Reversion or remainder is in the King may enter but a Fine with Proclamation by such Tenant in taile the Reversion or remainder in the King seemes is not remedied by this Statute but by 32 Hen. 8. chap. 36. Where Reversion is in the King is no discontinuance for though the Heire in taile shall be barred by Fine with Proclamation after Proclamation made yet there is an exception in the Ststute of those whereof Reversion or remainder is in the King so that it shall not binde such Issue in taile title assurance 6. see 4 H. 7. chap. 24. 37 Hâ—â— Where Tenant in taile is attaint of Treason before the Statute of 26 H. 8. His Son shall have the land for he doth not claime only as Heire but by the Statute and by the form of the gift see the Statute of 5 and 6. Ed. 6. chap. 11. That for high Treason Tenant in taile shall forfeit his Lands Com. f. 237. 27 H. 8. f. 6. If Tenant in taile sell Trees and dies and after he that hath bought them cuts them trespasse lies but if they be cut in his life time it seems the Buyer may take them 18 Ed. 3. Tit. Disseisin 92 Where Tenant in taile is bound in a Statute and dies and his Issue enters and the Conisee outs him by execution which is an act of Law he is a Disseisor Plowd Com. f. 235. before the Statute of Westm 2. he had but an Estate of Inheritance and that was Fee but this was in two manners absolute and conditionall and Formedon in Reverter was at the common Law and Formedon in Remainder by the Statute 1 H. 4. f. 6. If Tenant in taile by Estoppel or livery suing holds of the King and dies his Issue shall not be Estopped 43 Ed. 3. f. 14. Presentment to an Advowson in the life of the Tenant in taile puts him during his life out of possession but not his Issue 38 Ass 5. Tenant in taile is bound in Recognisance and Execution is sued by Elegit and this Land delivered in execution and after the Tenant in taile dies his Issue may enter without suing Audila querela 17 Ass 21. If Tenant in taile be bound in a Statute and hath Issue and dies and after execution is sued against the Issue this is disseisin to him and he shall have Assise though he comes in by processe by Law 14 Ass 3. It seems if Tenant in taile be bound in a Statute and dies and after his Issue infeoffs J.S. that the Conisee may have Execution against the Feoffee 35 H. 8. fol. 38. If the King gives in taile by his Letters Patents and after the Donee surrenders the Letters Patents to the King the taile by this is not extinct 38 H. 8. Tit. 39. Land is given in taile to the King he is Tenant in taile and cannot have greater Estate then the giver will depart to him and if the King let for yeares or for life or make a Feoffment in fee and hath Issue â—nd dies the Issue may enter for this is no discontinuance Tenant in Frank-marriage GIft was to the Husband and his Wife in Frank-marriage and this may be as well after the marriage as before 4 Ed. 3. Title Taile 6. Perkins fol. 48. C. If a gift be made with a woman in Franke-marriage which is not Cozen to the giver this is but for life Old Tenures Gift in frank-marriage with the Son of the giver his Cozen is no frank-marriage Time of H. 8. Tit. 10. but Fitz f. 172. H. and 7 E. 4. f. 12. A. by Moile in the Prior of Spaldings case seems contrary Gift in frank-marriage within the yeares of Marriage with a Daughter and they were divorced at full age at the Suit of the Husband yet the Daughter shall have all for she was the cause of the gift 19 Book of Assise 2. 19 Ed. 3. Title Assise 83. If a gift be to the Husband and his VVife in taile and they are divorced it seemes that they have not now but a freehold and though that they have Issue before the Divorce that shall not inherite But if a gift in tayle be made to two men or to one man and his Mother or Daughter and to the heires of their bodies their severall heires of their bodies shall inherite for that that they cannot marry 7 H. 4. fol. 16. and 17 Ed. 3. fol. 51. and Title tayle the 15. This is where the Divorce defeats the marriage from the beginning Gift in Frank-marriage rendring twenty shillings rent this reservation is void 4 H. 6. fol. 22. by Martin But the old Tenure is contrary tit Frank-marriage and 17 Ed. 3. fol. 66. also contrary If a gift be in Frank-marriage with his Cozen rendring Rent this is Intaile and not Frank-marriage and if a gift be with a Woman in Frank-marriage which is no Cozen to the giver this is but for life See before the 45 Ed. 3. fol. 20. If a man give in Frank-marriage rendring Rent the reservation is voyd till the fourth degree be past 26 Book of Ass 66. Land was given to a man and his Wife in Frank-marriage to have and to hold to the Husband and his heires and adjudged they have taile and not Fee for the frank-marriage shall not be defeated by words afterwards 32 Ed. 1. tit Taile 25. Reversion was given with his Daughter to one in Frank-marriage and is good 26 Ed. 3. tit 27. Taile Gift is made with Agnes his Daughter to A. in Frank-marriage and after A. marries Agnes and dyes and hee gives another Acre with Agnes to B. her second Husband in Frank-marriage and both are Frank-marriage 31 Ed. 1. tit Taile 30. Gift in Frank-marriage the remainder to J. D. in fee is not good for there cannot be an acquittall where remainder is given over Time of H. 8. tit 11. 19 Ed. 3. tit 1. If Lands be given in Frank-marriage to have for their lives the To have shall not abridge but inlarge the Estate and for that is is Frank-marriage 2 E. 3. tit 94. One gives Land to A. with Alice his Daughter in Frank-marriage to have and to hold to the aforesayd A. and his heires and it seemes Frank-marriage 13 Ed. 1. tit Formedon 63. I. gave R. and Alice his Daughter Lands in Frank-marriage to have to the aforesaid R. and Alice and their heires or to whom he will assigne it and the sayd R. did beget no heire of the sayd Alice nor the sayd R. and A. did not assigne it to any
Dover is a Tenure in cheif See Littleton 23. See 5 Ed. 4. f. 127. 19 R. 2. Tit. 185. Guard F. Keeper of a Castle in England is Knights Service for it countervailes Escuage and is of the same nature 8 H. 7. fol. 12. If I hold of the King and he grants the same Service to me yet I shall hold of the King for all is held of the King mediately or immediately Magna Charta chap. 20. See there for keeping of a Castle 38 H. 8. Tit. 60. B. Livery where the Heir was in Ward to the King and come to full age there he shall sue Livery out of the Kings hands and the first Seisin is where the Heir is of full age at time of the Death of his Ancestor and where his Tenant holds in Socage in cheif and dies 10 H. 7. f. 23. If one hold of the King to inclose a Park he may by his Grant after reserve for that six Marks and the King is not bound by the Statute of Westminster the third It is held 21 Ed. 3. fol. 41. The King gives the honour of Barkhamsted to the Prince and his Heirs Kings of England and so it seems that Lands held of that Honour seems to be held in cheif yet Magna Charta is that Honour is not properly in cheif 26 H. 8. fol. 10. By Fitzh Lands in the County Palatine of Lancaster held of the Dutchy the King there hath kingly Rights and there Livery shall be sued 17 H. 8. fol. 31. Tenant of the King in cheif makes a Gift in Tail without licence the King may choose the Donee or Donor for his Tenant And if Tenant of the King before the Statute of We m. 3. make a Feoffment the King may choose the Feoffee or Feoffor for his Tenant 4 H. 6. f. 19. 33 H. 8 Tit. 94. B. in the Exchequer 3 Ed. 3. Rot. 2. It was found that a man held of the King in cheif as of his Honour of Raleigh and it was taken no Tenure in cheif but a Tenure of an Honour otherwise it is if the Honour be annexed to the Crown for then the Honour is in cheif And in the year 11 H. 7. The Honour of Raleigh was annexed to the Crown and so it is in cheif But where the King gives Lands to be held of him by Fealty and two pence for all Services that is Socage in cheif for it is of the Kings person and contrary if it were to be held of the Mannour of B. 24 Ed. 3. Tit. 19. He which holds of the King by Service to finde a Man to serve in the War by forty Dayes at his own Charge this is great Serjeanty Tit. 69. Br. That a Tenure to finde one Horse and such like is but small Serjeanty for it is not corporal Service 44 Ed. 3. f. 45. The King gives the Fee-farm of a Town that is such a Rent to be held for term of life and after confirmes to him and to his Heirs to be held by the Services due and this is held Knights Service of the King for the most high and better shall be taken for the King and by Fitzh 263. B. it appears that Rent may be held of the King by Knights Service in cheif as well as Land c. 10 H. 6. f. 12. Rent lies in Tenure of the King 14 H. 6. f. 12. If the King grant Land to me in Fee to be held as freely as the King is in his Crown yet I shall hold of the King and if I alien without licence I shall make Fine for this is vested in the King by his Prerogative and shall not pass out of his Person by general words by Paston in the end of the Case 45 Ed. 3. fol. 6. By Finchden if my Tenant infeoff the King and takes back of the King to hold of the King yet he is my Tenant in right and shall hold of the King also But inquire of the Tenure of me for the Tenure was once extinct by the Kings Possession 29 H. 8. Tit. 61. B. If the King purchase a Mannour which J. S. holds the Tenant shall hold as he held before and he shall not render Livery nor first Seisin and he shall not hold in cheif and it is said if the King grant the Mannour to W. N. in Fee except the Services of J.S. Now J.S. holds of the King as of the Person of the King and yet he doth not hold in cheif but as he held before for the act of the King shall not prejudice the Tenant 31 H. 8. Tit. 70. B. Lord and Tenant the Tenant is attaint of Treason by Act of Parliament and so forfeits all his Lands and after is pardoned and restored by another Act of Parliament to have to him and his Heirs as if no such Attainder or former Act had been now he shall hold of a common person as before and yet once the Tenure was extinct 3 H. 3. Tit. 94. B. Where the King gives Lands to be held of him by Fealty and twelve pence for all Services this is Socage in cheif for it is of the Kings person 23 H. 3. Tit. 148. Guard F. If a man holds of the King to go with him in the Army against Scotland in the Vanguard and in his Return in the Rereward and so if he hold to give to the King Hornegild which is said Cornage it is great Serjeanty 38 H. 8. Tit. Livery 60. The Heir of him which holds of the King in cheif in Socage shall not pay first Seisin to the King for all his Lands but onely for those Lands held in Socage in cheif contrary of him which holds in Knights Service in cheif and where he holds in Socage in cheif the other Lord shall have Ouster le main with Issues 2 Ed. 4. fol. 6. Land is given in Tail to be held of the cheif Lords these words to be held c. are void and he shall hold of the Giver Where there is Lord and Tenant if the Tenant be disseised and the Disseisor dieth seised and his Heir is in by Discent the Lord ought to advow upon him but if there be Lord and Tenant and the Tenant infcoffs another which doth not give notice to the Lord now the Lord during the life of the Feoffor may take him for his Tenant or the Feoffee at his pleasure 4 H. 6. f. 19. 3. Book of Assise 8. Lands is given in Tail without saying of whom to hold the Donee shall hold of the Giver and if a man before the Statute of Quia Emptores give in Fee without saying of whom to hold the Feoffee shall hold of the Feoffor Littleton f. 5. 16 Ed. 3. Statham fol. 23. If Lands be given in Tail to be held of the Lord this to be held is void and the Lord ought to avow upon the Feoffor 5 H. 7. fol. 35. Mesnalty lies in Tenure by a Mesne contrary of an Advowson appendant 1 H. 4. f. 1. the same 33 H. 6. f. 34.
Otherwise it is if the Villaine alien them before the entry of the Lord the same Law is of Goods Litt. fol. 33. â—but the Lord cannot seise the Goods which a Villain hath as Executor Litt. fol. 35. If a Villain be made a Chaplaine Secular the Lord may seise him as his Villaine and his Goods but otherwise it is if he enters in Religion Or if a Free man espouse a Villaine Woman without the license of the Lord or by that this is inquirable If a Villain dwell in ancient Demesne of the King which is in the Kings hands and hath dwelt there by a yeare and a day the Lord cannot seise him nor shall have a Writ of Nativo habendo so long as he dwelleth there But if the Lord claime him within the yeare that hee cometh into ancient Demesne and so makes his claime within every yeare and 〈◊〉 day then the Villain shall not take advantage by his being there and if the Villaine dwell in another Mannor of ancient Demesne which is in possession of another then the King the Lord may seise him Fitzh fol. 79. a. and from thence-going that the Lord may make his claime if he goe in ancient Demesne is inquirable Also if any of the Tenants of the Lord be dead without Heire generall or speciall Escheat then the Lord shall have his Lands by Escheat or if any Tenant seised in Fee be attaint of Felony by Outlawry Verdict or otherwise the King shall have yeare day and waste and after the Lord by Escheat and is inquirable Or if a Bastard purchase Land and dye without issue of his body the Lord shall have his Land by Escheat And note That none shall have Lands of Fee-simple as heire to any man unlesse he be heire of the whole blood Littleton fol. 2. And if the Tenant be disseised and dyes without heire the Lord shall have the Escheat 14. Common Also if any which hath no Common without number charge the Common with more Beasts then he ought to doc according to the quantity of his Land or if he which hath Common appendant not Common appurtenant put into the Common Beasts which are not commonable as Hogs Goats and Geese or if any digg in the Common unlesse it be for Gravell for the high waies and fill it againe or maketh other trespasse in the Common or use the Common in any other manner without the license of the Lord but to take his Common with the mouth of his Beasts or if any digg Turffs or make other trespasse upon the waste or build any house or make inclosure of any part of it it is inquirable 15. Also if any Tenant within this Mannour Rechasing which hath two Farmes one of them within this Mannour the other within another Mannor and at the time when the Feilds and Meadows within this Mannour are layd open he brings his Beasts within this Mannor which he hath kept upon the Farme of another Mannor and by this surchargeth the Tenants within this Mannor this chasing and rechasing is inquirable 16. Mortmaine Also if any Tenant of this Mannor hath aliened any of his Lands in Mortmaine that is to a Religious house or to a Bishop Parson Vicar and to their Successors or to any other Corporation where that shall go in succession that is to say To them and their Successors without the license of the King and the Lord of the Mannor it is inquirable That the Lord may make his claime within a yeare according to the Statute Note That by the Statute of Religiosis the Lord may enter within one yeare after the alienation and if the cheife Lord immediate be negligent and doe not enter upon this Fee within a yeare then it is lawfull to the next Lord of that Fee within the halfe yeare following to enter and at the last the King And if any make a Feoffment to one to the use of a House of Religion or to the use of a Company or Brother-hood this is Mortmaine The same Law is where one exchanges with a Corporation that is Mortmaine also if any religious person hold of any man by Rent-service and the Lord releases to him this is Mortmaine 17. Who is Tenant Also if any Tenant by Charter alien his Land and hath not given notice of that to the Lord and the Alienee hath not made fealty to the Lord nor Suit of Court that the Lord may have knowledge who is his Tenant it is presentable for that he may know upon whom to make his avowry and of whom to have his Services and Escheats 18. Waste Also if any Termor for years or for life of any parcell of the Demesnes of the Mannor hath made waste in any House Lands Woods or Gardens you shall present that or if any holds two Tenements and hath wasted one as if he remove Trees from one to the other that is waste 19. Trespasse Also if any Trespasse be made in any Demesnes of the Lord that is to say In the Corn Grasse Meadowes Pastures Wood Hedges Waters or if any Fish within his Rivers or Waters or if any Hauk or Hunt within the Demesnes of the Lord without his license or within his Warren these are presentable 20. Trespasse Also if any take any Hony or swarms of Bees within the Demesnes of the Lord or take any Haukes or Aeiry of Haukes these are inquirable 21. Also if any Bailiff or Officer make any arrest for Rent Rescous Custome or Service due to the Lord and Rescous to him is made you ought to present the name of him which made the Rescous and where and when it was 22. Pound breach Also if any distresse be put in the pound of the Lord and be taken out without authority of Law this is a Pound-breach and is inquirable 23. Removeing meer-stones Also if any remove or take away any meerstones or stakes between this Lordship and another or between Tenant and Tenant you ought to present that 24. Encroch Also if any hath incroached any of the Lands of the Lord scilicet Land Meadow Pasture Wood Furse Moore or any other vacant Land without the Lords license by burning his Hedges Pale or otherwise that is inquirable Note that all the void Land and Waste within the Mannor is to the Lord of the Mannor 25. Also if any within this Mannor Husbandry suffer any House of Husbandry with which was occupied twenty Acres of Land to decay and to take from it any Land the Lord of whom this is held Rast Husb. 1. and 6. shal have the halfe of the profits of this to his owne proper use till that be maintained again for Husbandry 4 H. 7. chap. 19. and 5 Eliz. chap. 2. and that for the benefit of the Lord is inquirable 26. Also if any Tenant hath inclosed any Land Common and keeps that in severalty which was wont to lye open without the license of the Lord and
she may and after the Son is born he cannot enter upon the Daughter and be Heire and Tenant to the Lord Plowd Com. f. 56. 5. Ed. 4. f. 6. By Tearmes of the Law thirty and Wilby if a man Tenant seised of Land in Fee dies seised his Wife privily being with Child with a Son and another man marryes her and after the Son is born he shall be adiudged the Son of the second Husband and not of the first Husband and shall be Tenant to the Lord of the Land of the second Husband and Berrey Justice said that the Infant might choose which he would for his Father 21 Ed. 3. f. 39. Otherwise it is if she had been great with Childe If a Woman be with Child by her Husband Tenant or by another it shall not be tryed but if she be with Child at the time of the death of her Husband or not shall be in Issue for by 1 H. 6. f. 3. If the Wife of J.S. go away with an Adulterer and hath Issue if J.S. her Husband be within the foure Seas the Issue is Heire of J.S. for by whom the Woman is with Child it cannot be tried and for that it shall be intended by J.S. 41 Ed. 3. f. 11. and 7. H. 4. f. 9. the same If a man marry a Wife which is great with Child by another man and within three daies after Marriage she is delivered and the Husband dies the Issue is lawfull and Heire and Tenant to the Lord and no Bastard 18. E. 4. f. 30. a. 24 H. 8. Br. Title Bastardy 44. it was said if a man marry his Cozen within the degrees of Marryage and have Issue and are divorced in their lives and by that the Marriage is avoided and the Issue is Bastard contrary if one dye before the Divorce 21 H. 7. f. 41. If a Deacon takes a Wife and hath Issue this Issue is no Bastard otherwise it is of a Marriage between a Fryer and a Nunn if they have Issue 11 H. 4. fol. 76. Sayd by our Law if one marry his Cozen their Issue is no Bastard till they are divorced but shall take by Discent 42 Ed. 3. fol. 11. If a man marry a Wife and living that VVife marry another and hath Issue by the second this Issue is a Bastard notwithstanding that the first VVife after dies and shall not take by Discent For that that in the same second Article of Charge it is inquired if any Tenant of the Lord be dead who is Heire and Tenant to the Lord let us now see where the halfe blood is impediment and where not TEnant gives Land to the Father for life remainder to Rich. his Son in taile The remainder to the right Heire of the Father the Father dies Rich. enters and dies without Issue of his Body his Brother of the halfe blood shal have the Land and not the Uncle of Rich. and shall be Tenant and the halfe blood is no impediment 39 E. 3. tit 5. A man Tenant had Issue by two severall Bellyes and dies the eldest Son enters and endowes his Mother the Heire dies without Issue the Tenant in Dower dies the youngest Son of the halfe blood shall inherit it and shall be Tenant 7 H. 5. f. 2. 58. Assises 6. accordingly Father seised of an Advowson in grosse hath a Son and Daughter by one Belly and a Son by another and dies and the eldest dies before presentment the youngest Son shall be Heir and the half blood is no impediment 3 H. 7. f. 5. Fitzh f. 36. O. If the Father Tenant hath a Son and a Daughter by one Belly and a Son by another and lets to one for life and dies and the Reversion is discended to his eldest Son which dies before the Tenant for life this is no possession that the Daughter shall have the Land but the Son of the halfe blood shall be Tenant to the Lord but if reversion of tearm of yeares were in the eldest Son which dies before the Tearm ended the Daughter shall have the Land and shall be Tenant to the Lord and not the Son for halfe blood is impediment 5 Ed. 4. f. 9. But in the case next before where there is a Rent reserved upon the Estate for life by the Father and the eldest hath the reversion and Rent and dies the Daughter there shall inherit and the halfe blood is an impediment to the Son to be Heire and Tenent yet if the Father dies and the eldest Son dies before payment of Rent there it is otherwise 35 Book of Ass 2. If a man Tenant hath Issue two Daughters by severall Bellies and dies and they enter and make division betwixt them if one dye without Heire generall or speciall her part shall escheate to the Lord and not discend to the Sister of the halfe blood but if that Sister hath an Uncle it ought to discend to him and if he enter and dies without Issue it shall discend to the Sister of the halfe blood see Littleton fol. 3. Natura brevium fol. 10. If a man Tenant hath three Daughters by on Belly and a Daughter by another and dies and the foure Daughters enter and two of them by the first Belly dye now the third of the whole blood shall have three parts and shall be Tenant of that to the Lord 10 Ed. 3. Tit. 13. and 10 Ass 27. accordingly Note that the possession of a Brother to make the Sister inheritor and not the Son of the halfe blood is only of fee and not of fee taile 32 Ed. 3. Tit. 8.37 Book of Ass 15. accordingly If the Donee in taile have a Son and a Daughter by one Belly and a Son by another and dies and the Son of the first Belly enter and dies seised without Issue the Son of the second Belly shall be Heire and Tenant to the Donor and not 〈◊〉 the Daughter Natura brevium fol. 147. If a man hath a Son and a Daughter by one Belly and a Daughter by another and Lands are given to the Father for life the remainder to the Son in taile the remainder to the right Heires of the Father the Father dies and the Son enters and dies without Issue the two Daughters shall be Heires and Tenants to the Lord for the Son was not actually seised of the Fee 5 Ed. 1. Tit 14.32 Ed. 3. Tit. 9.24 Ed. 3. fol. 24. and 37. Book of Ass 4. accordingly The possession of the Brother of Lands held by Knights service there the possession of the Guardian if the Son dyes in Ward is possession of the heire to make the Sister inherite and to be Tenant to the Lord and not the Son of the halfe blood 8 Ed. 3. tit 12. and 8 Booke of Ass 6. accordingly Lands discends to two Coparceners which are by severall bellies and one dye before entry into the Land the other shall have Mortdancester as heire of her Father of the whole Land for that that the other was never seised 34
Book of Assises 10. Escheats Where it shall Escheat and not discend and where not And for that in the same second Article is also inquirable what advantage the Lord may have by the death of his Tenant that is to say Ward or Escheat Now let us see what is impediment by attainder and otherwise that the Issue of the Lands in Fee cannot be heire by discent not that his Father and Mother were marryed and where the Lord shall have that by Escheat and where not IF an Infant of the Age of seven or eight yeares marry a Wife and his Wife have Issue within one yeare or two after marriage this Issue shall not be his heire and if he have no other heire generall or speciall the Land shall Escheat 38 Book of Assises 24. If the Father being an Alien hath a Son and after the Father is made Denizen and after hath another Son and after purchase Lands and dyes the youngest Son is heire and if he dye without Issue the Lord shall have the Land by Escheat and not the eldest Son for he is an Alien Doctor and Student fol. 12. The eldest Son is attaint of Felony in the life time of his Father and is hanged the Father dyes the youngest Son shall inherite and it shall not Escheat But if the eldest Son be attaint in the life time of his Father and survive the Father the Land shall Escheat 20 Booke of Assises 2.46 Ed. 3. tit Discent 6.49 Ed. 3. fol. 11. 31 Ed. 1. tit 17. accordingly If the Son be attaint of Felony or Treason and after is pardoned and after that his Father dyes seised of land the Lord shall have that by Escheat rather then the Son 13 H. 4. fol. 8.1 E. 3. lit 15. accordingly See before that Doctor and Student fol. 25. Where the Husband is attaint of Felony and purchase his pardon and after dyes his Wife shall not be endowed of Land which he had before the attainder but it ought to Escheat but of those which he purchases after shee shall have Dower and shall not Escheat Littleton fol. 11. If the Husband seised of Land commit Felony and after alien and after is attaint the Wife shall have Dower against the Feoffee but otherwise it is if it were Escheated Nat. bre fol. 7. If the Son be outlawed of Felony in the life time of his Father and hath a pardon and after the Father dyes seised of Land the Son shall not have these Lands but the Lord by Escheat though he hath diverse Sons 31 E. 1. tit 17.11 H. 4. fol. 11. 22 H. 6. fol. 38. The Father outlawed of Felony purchaseth a pardon and after purchaseth Lands the Son hee had before the Felony may inherite them and the Lord shall not have them by Escheat 9 H. 5. fol. 9. If one dye Tenant to the Lord without heire generall or speciall as if the Tenant be disseised and dyes without heire generall or speciall the Lord shall have the Escheat of this Land though he did not dye seised for that that he dyed Tenant 2 H. 4. fol. 9. 7 H. 4. fol. 18. accordingly 32 H. 6. fol. 31.36 H. 6. fol. 1.6 H. 4. fol. 5. the same And Nat. bre fol. 103. the same Where an Alien purchases the King may seise 11 H. 4. fol. 25. 14 H. 4. fol. 20. accordingly And if a Denizen purchase and dye without Issue born within the obedience of the Queen this Land shall Escheat to the Lord. If an English Tenant marry an Alien she is forthwith upon the marriage of the Kings allegiance and their Issue shall inherite and it shall not Escheat Abridgement of the Book of Assises fol. 39. Where there is Lord and Tenant and the Tenant grants Rent charge and dyes without heire generall or speciall the Lord shall have the Land by Escheat Rastall Escheat 15. but hee shall hold it charged 3 Book of Ass 1. The same Law is of the Kings Tenant which grants Rent and dyes c. and his heire in Ward by the Statute 2 3 E. 6. chap. 8. Lord and Tenant the Tenant is disseised and the disseisor dyes seised and the disseisee dyes without heire the Lord shall not have that as by Escheat for I intend hee dyes not in his Homage 32 H. 6. fol. 31. B. Lord and Tenant the Tenant lets for life and dyes without heire though he dyed not seised the Lord shall have Escheat 2 H. 4. fol. 9. If one be attaint of high Treason the King shall have Escheat of whomsoever he hold notwithstanding if it be of petty Treason the Lord shall have the Escheate 22 Book of Ass 49. If the Tenant be beheaded for Felony the Lord shall have Escheat and shall say for which he was hanged Natura brevium fol. 100. 8 E. 3. in the Register f. 165. accordingly If my Tenant within age alien to one in Fee and within age dye without heire the Lord may enter by Escheat 16 E. 3. tit Statham fol. 84.3 E. 3. Journey to North See 6 H. 4. fol. 3. North that he cannot enter but he may have Escheat It seemes that the Lord cannot enter by Escheat where his Tenants entry is taken away as if the Husband discontinue the Lands of his Wife and the VVife dyes without heire the Lord cannot enter by Escheat 32 H. 6 fol. 27. by Littleton If a man goe over the Sea without license and there takes a Wife and there by her hath Issue if the Issue survive his Father the Land of the Father shall Escheat 22 H. 6. fol. 38. by Newton 1 R. 3. fol. 3. by Hussey He which is borne beyond the Sea and his Father and Mother were English that their Issue shall inherite by the common Law but by the Statute aforesaid it is cleer The same Law is where an Alien borne purchase lands of the King before he be made Denizen or if hee be a Denizen and purchase Lands and dyes without heire borne under the obedience of the King there the King shall have that Land as Perquisite in manner as Escheat Where the Tenant hath an Estate in fee and dyes without heire generall or speciall his Land shall Escheat to his Lord Fitzh 143. T. 32 H. 6. fol. 31. The Lord cannot enter but where his Tenant might enter and for that if the Husband and the Wife discontinue and the Wife dyes without heire the Lord cannot enter by Escheate And if the Tenant be disseised and the Disseiser dyeth seised and his heire enter and after the Disseisee dyes without heire the Lord cannot enter 37 H. 6. fol. 1. It seemes by Fortescue that the Lord shall have Escheat or Ward though his Tenant did not dye seised 2 H. 4. fol. 9. The Lord shall have a Writ of Escheat though his tenant dyed not seised for if he dye his tenant that sufficeth If my tenant lets for life and dyes without heire he doth not dye seised and yet the Lord shall have the
to pay his Rent it is no forfeiture The same Law is if he be much in Debt and in feare to be arrested or if one be bankrupt and keep his House and doth not come to the Lords Court but makes divers defaults these are no forfeitures of their copy-holds But if he deny to come to the Court of the Lord this is a forfeiture of his copy-hold But if the Lord claime a Fine custome or services which is in doubt whether due or not and the Tenants pray the Lord that the Homagers may inquire if it be due or not and saith if it be found by the Homagers upon their Oath that they are due or if there can be Presidents shewed that it is due he will pay it this is no forfeiture of his copy-hold If twelve are assembled against the form of this Statute then if any copy-holder being a Yeoman Handy-crafts-man Artificer Husbandman or Laborer and being of the age of eighteen yeares or more and under forty years not Impotent Lame Maimed nor having reasonable excuse and being required to serve the Queen for any the causes in the Statute and refuses he shall forfeit his copy-hold during his life 1 Marie chap. 12. If a copy-holder in Court-Baron will say to his Lord that he extorts and exacts Fines and Services not due or such unreverent words of his Lord and they be false that is finable but no forfeiture But if he deny to be Tenant to the Lord and to be a Juror of the Homage it is a forfeiture but if a copy-holder indict his Lord or gives in evidence in an action against his Lord or arrest him or commence a Suite against his Lord in any Court of the Queens these are not finable nor no forfeiture If Tenant in taile be of a copy-hold the remainder over in Fee if the Tenant in taile be attaint of Felony it seems that the Issue in taile shall have the Land and not the Lord. If a copy-holder make a Feoffment of his copy-hold and the Feoffee dies seised and his Heires levy a Fine of that and five yeares passe the Lord is barred to seise the Land by forfeiture as it seems Some Copy-holder by the custome may make waste and is no Forfeiture and waste by some Copy-holder is Forfeiture LOpping of Trees by a copy-holder is no forfeiture but a copy-holder cannot lop Trees and burn that in the house upon other Land or Mannor nor sell the lops unlesse by the custome he may make wast If a Guardian in Socage of a copy-hold make waste the Infant shall not forfeit his copy-hold but only the Interest of the Wardship but inquire If Lessee for yeares of a Copy-hold make wast and inquire when he is Lessee for yeares by surrender and when he is Lessee by the license of the Lord it is said it is a forfeiture but during the Tearm J. S. Seised in fee of an Acre in D. by Charter and of another by copy and make a Feoffment and Livery in the Acre by Charter in name of them both it is no forfeiture of the Acre by copy but if he make Livery in the Acre by copy in name of both the Acre by Charter passes and it is forfeiture of the Acre by copy If a copy-holder suffer a common recovery against him at the common Law and after surrenders to the use of another which is admitted and after one or two admittances passe upon surrender yet after when the Lords takes notice of the forfeiture he may well seise it for that forfeiture for that that the copy-hold was destroyed by the forfeiture But otherwise it seems if the forfeiture do not destroy the Copy-hold as if he make wast or break any custome the Lord is barred by this admittance as it seems If a copy-holder levy a Fine and five yeares passe after Proclamation this seems barres the copy-holder and his Heires but it seems doth not barr the Lord but if a copy-holder make a Feoffment and Livery of his copy-hold and after levy a Fine and six yeares passe now the Lord is barred If two Joynt Tenants by copy are and one makes wast in all the Land yet he shall forfeit but one part If the Heire of a copy-holder having notice of the death of his Ancestor do not claime within the yeare and day after the death of the Ancestor and Proclamation made he shall loose it for ever but otherwise it is if he be beyond Sea or within age or a Woman having a Husband it seems she shall not loose by not claiming Tenant for life of a Mannor is and copy-holder of that commits wast and the Tenant for life dyes he in remainder may seise the Land for this wast for that it is a forfeiture which runs with the Land See before forfeiture touched in the Title of copy-holder Formedon In so much that plaints are sued in nature of Formedon for Copy-holds something shall be said touching Formedon and first let us see where a Formedon lies and where not and for that that there are three manner of Formedons that is Formed on in Discender Remainder and Reverter in Fitzh Nat. Brevium and there declared how everyone lieth much shall not be said but what is in Fitzher Natura brevium touching the lying of a Formedon FOrmedon in Discender lieth where the Donee in taile or free Marriage aliens that Land so given in taile or is disseised and dies his Heire shall have a Formedon in Discender to recover these Lands so given in taile Fitzh f. 211. A. Where Tenant in taile aliens or is disseised or if recovery be against him by default after default and hee dies his heire shall have a Formedon for the heire shall not have other recovery of the possession of his Ancestor then by Formedon but if he be outed of his own possession as if he be seised and be put out he shall have Assise Natura brevium fol. 145. Formedon lies by the heire of a gift made before the Statute of Westm 2. Where the Donee after the Statute aliens and dies and yet the Statute is to gifts before made it shall not be extended 12 H. 4. f. 9. Where there is a Tenant in Dower or by the curtesie the reversion to another in taile if one intrude after the death of the Tenant in Dower or by the curtesie he in reversion shall not have Intrusion but Formedon Fitzh 204. D. Woman Tenant in taile takes a Husband which aliens and after they are divorced and after the Wife dies the heire of the Wife shall not have A cui in vita but a Formedon Fitzh f. 204. K. If Tenant in taile lets for life and the Tenant for life aliens in fee the Tenant in taile shall have a consimili casu or a Formedon at his pleasure Fitz. f. 207. D. Where land is given to one for life the remainder to the Father in tayl if it were executed in the Father and he Alien the Issue may have a Formedon
she be of the age of 14 years there she shall be in ward but to the age of 14 yeares and then may sue Livery for the two years to make 16 years are not given but to tender marriage and for that she shall be out of ward at 14 years The husband seised in fee of Lands held in Knights service enfeoffs diverse at this day to the use of himselfe and his Wife and the heires of their two bodies begotten and for default of such Issue to the use of the right heires of the Husband and the Husband and the VVife have Issue within age and the Husband dyes though the VVife live and hath the Land the Issue shall be in VVard of the body as it is sayd The same Law where a man seised in Fee of Lands held by Knights service makes a gift in taile to J. S. the remainder to his right heires and dyes his Issue within age he shall be in ward of the body though Tenant in taile have the Land If a Reversion of an Estate for life or for yeares be in my Father and that discends to me I shall be in ward but otherwise it is of a Remainder but if a Remainder of an Estate for life be in my Father and that discends to me and after Tenant for life dyes I shall be in ward 11 H. 7. fol. 19. 33 H. 6. fol. 6. 8 Edw. 3. tit 23. and 33 Edw. 3. tit 8. By Choke If Infant be Tenant for life and the Reversion discends to him he shall not be in VVard 9 Ed. 4. fol. 19. Where an Estate is to an Husband and his VVife and to the heires of the body of the Husband the remainder to the right heires of the Husband the Husband hath Issue within age and dyes the VVife is Tenant to the Lord and for that the Issue shall not be in ward And if Lands be let to one for life the remainder to the right heires of J. S. the same J.S. dyes and Tenant for life dyes T. S. being right heire of J. S. and within age shall not be in ward for he is a purchasor 15 Ed. 4. fol. 10. Tenant for life the remainder to another in taile he in remainder dyes his Issue within age the Issue shall be in VVard if Tenant for life be dead 33 H. 6. fol. 6. Tenant for life the remainder in Fee dyes his heir shal not be in VVard for Tenant for life is Tenant Lord and Tenant the Tenant is disseised and dyes his Issue within age he shall be in VVard Fitzh fol. 142. B. C. D. Stamf. fol. 8. the same 3 H. 4. fol. 16. the same Littleton fol. 87. the same Lord and Tenant the Tenant hath a Daughter within age being his heire and he marries that Daughter to a Husband of full age and dyes the Lord shall not have VVard of the body but if he marry his Daughter to a Husband within age shee shall be in VVard Natura brevium fol. 98. Tenant for life the remainder in taile to the Husband and his VVife the remainder to the right Heires of the Husband the Husband and the Wife dye his heire within age living the Tenant for life the heire shall not be in ward Fitzh 143. A. A man makes a Feoffment before the Statute of Uses to the use of himselfe for life the remainder to W.S. in taile the remainder to the right Heires of the Feoffor the Feoffor dyes and W.S. dies without Issue the right heire of the Feoffor being within age shall be in ward for he is in by discent for the Fee was not out of the Feoffor But where one makes a Feoffment in Fee upon condition to re-enfeoffe him and the Feoffee gives to the Feoffor for life the remainder to another in taile the remainder to the right heires of the Feoffor and the Feoffor dyes and he in remainder in taile also dyes without Issue the heire of the Feoffor within age he shall not be in ward 32 H. 8. tit Ward 93. Estate is made to one for life the remainder to the Husband and Wife in taile the remainder to the right heires of the Tenant for life the Husband and the Wife have Issue a Son which hath Issue two Daughters and after the Son and the Wife dyes and after the Son dyes and after the Tenant for life dyes the two Daughters within age shall be in Ward 28 Ed. 3. tit 48. Marlebridge chap. 6. Gives the Lord remedy where his Tenant aliens by Collusion to defraud the Lord. Marlebridge chap. 16. Gives Mortdancester for the heire in Ward against the Lord unlesse he may have his Land at full age Prerog chap. 6. If a Woman before the death of her Ancestors which holds of the King in cheife before the yeares of marriage be marryed then the King shall have the Custody of her body till the age that shee may consent and then let her choose c. If an Infant be marryed before the yeares of marriage in the life of her Father and the Father dyes and the Wife dyes before the dayes of marriage of an Infant yet the Infant shall be in VVard and shall be marryed againe by the Lord Stamf. fol. 27. 5 Mar. tit Ward 124. it is held That marriage is as nothing for shee may marry another without Divorce within the yeares of marriage A gift is made to one in taile the remainder to the right heires of J. S. which was dead T. S. hath that as right heire but if he be within age he shall not be in VVard for he is in as purchasor 12 Ed. 4. fol. 2. 7 H. 4. fol. 5. 11 H. 4. fol. 72. 15 Ed. 4. fol. 13. the same A VVoman of the age of fifteen yeares at the time of the death of her Ancestor shall not be in VVard for the Lord shall not have VVard there till sixteen 35 H. 6. fol. 48. 28 H. 8. tit 86. If the King hath a woman in VVard and shee marry before fourteen shee shall be in VVard but to fourteen for the two yeares are given to tender marriage and shee is marryed See Westminst 1. chap. 22. Merton chap. 6. Gives ravishment of VVard and double value And Merton chap. 7. gives the value of the marriage West 2. chap. 12. Magna Charta chap. 6. The heires shall be marryed without disparagement Merton chap. 7. Of Lords which marry those that they have in their custody to Villaines or others as Burgers where they are disparaged If such an heire were within fourteen yeares and of such yeares that shee cannot consent to the marriage then if the Parents complaine of that Lord the Lord shall loose the custody till the age of the heire c. But if shee were of fourteen yeares and more and agreed to such marriage no punishment follows Littleton 21. See what are disparagements and what not Now let us see where your Lord shall loose the ward for that that he holds part in cheife and what
243. 26 Ed. 3. tit 246. Note as it is aforesaid that suit of Court is not incident to a Tenure but is due by Formam charte or by prescription as before the said Statutes Lords are to distraine every Tenant to make suit to their Courts and that suit is called suit service If a man seised of two Acres held by one Hauke makes a Feoffment of one the Feoffor shall hold by one Hauke and the Feoffee by another Littleton fol. so shall it be of suit of Court Brook Tenure 64. Tenant in Dower shall not make Suit if the Heire have sufficient land to be distrained Naturae Brevium fol. 159. B. Tenant in Fee It behooveth that the Steward shall have knowledge of all manner of Estates because of making surrenders of Copy-holders and also because of their Suits Wards Releifs and Services for if the Steward do not know the Estates of the Tenants how can he do Justice And for that somthing ought to be said of Estates and first of an Estate in Fee WHere lands are given to the Abbot of Battell and his Covent he hath Fee for that that they are a Corporation and Corporation iâ— intended to have continuance 11 H. 4. fol. 84. Br. Inquire and see in the next case Where land is given to Maior and Comonalty of London they have Fee without more saying that is without saying to have to them and their Successors 11 H. 7. f. 12. Notwithstanding it seems that Spirituall Corporation may die in some case If I have Common in the Land of an Abbot and I release to an Abbot and not to him and his Successors the Common is extinct but not for the life of the Abbot 26 H. 8. fol. 6. Where land is given to two to have and to hold to them and heires and Suis is left out they have but an Estate for life and not Fee 19 H. 6. f. 73. 20 H. 6. f. 35. the same Devise to one for ever be to him and his Assignes for ever he hath Fee 19 H. 6. f. 9 Where a Devise is to one without more that is is not said what Estate is for life only 22. Ed. 3. Where a Devise is to one and his Heires Males he hath taile and not Fee 27 H. 8. f. 32. If land be given to one to have and to hold to him and his Heires Males he hath Fee Littleton fol. 6. and 9 H. 6. fol. 25. A man devises his land to one to give and sell or to do with that at his will and preasure he hath Fee without more 19 H. 8. f. 9 and 7 Ed. 6. Tit. Devise 39. If a man devise his land to J.S. paying to J.D. a 100 l. J.S. hath Fee but if be devise to J.S. without more he hath but for life and in the first case if he do not pay that in his life time yet if his Heires or Executors pay it that sufficeth therefore it seemeth payment is not a condition there 29 H. 8. Tit. Testament 18. If lands are given to an Abbot or Prior to have to him and to his heires yet he hath not an Estate but for life for that that his heires cannot inherit otherwise it is where land is given to a Bishop or Parson and his Heires for they have Fee 94 H. 5. f. 9. If lands be given to B. for life the remainder to C. in taile the remainder to the right heires of B. the Fee is vested in B. if C. dye without Issue in the life of B. as well as if the remainder were given to him and to his right heirs and the right Heire of B. shall be in by discent if C. dye without Issue and not as a Purchasor 18 Ed. 2. Tit. 109. If Tenant in Fee bargaine and sell his land by Deed Indent and inroll within six Moneths to another though it be not to have to him and his heires he hath in Fee 27 H. 8. f. 6. and fol. 10.32 H. 8. Tit. conscience the twenty fifth the same If lands be given to J.S. to have to him in Fee simple yet he hath no Fee but for life 20 H. 6. fol. 36. But if land be given to one to have to him and his heires so long as such a Tree growes hath Fee determinable 27 H. 6.29 B If a man lets land to J.S. to have and to hold to him and his heires for tearme of the life of J.D. he hath Fee determinable for if J.S. dye living he for whose life the heire of the Lessee may enter and not a stranger as Ocupans Lit. fol. 136. 8 H. 4. fol. 14. You shall see the same 21 H. 8. Tit. Estates 50. and inquire If a man devises lands to J.S. paying ten pounds to his Executors and dies J.S. hath Fee by reason of the payment without words heires The same Law is if one sell his land to J.S. without words heires he hath Fee 4 Ed. 6. tit estates 78. Lease was made for eleven yeares and for security of that made a Writing that if he were disturbed he should have Fee and Livery was made and hath Fee upon disturbance 10 B. of Ass 15. 10 Ed. 3. Tit. Ass 161. the same Lease is made to one for twenty yeares and the Writing expresseth over that after the twenty yeares that the Lessee and his heires shall hold it for ever paying ten pounds and Livery is made he hath Fee forthwith for if the Lessor takes a VVife within the twenty years and dies shee shall recover Dower by award of the Court 31 Ed. 3. tit Feoffment 119. If a man lets for nine yeares upon condition that if the Lessee be disturbed within the tearme that the Lessee shall have Fee if the Farmor alien before disturbance this is disseisin to the Lessor for the see is not in the lessee before the condition broken 43 Book of Ass 41. If Lands be granted to one for five yeares upon condition that if he shall pay to the Grantor within the first two yeares forty Marks that then he shall have fee or otherwise but for five yeares and Livery and Seisin is made he hath fee forthwith upon condition Littleton 81. See 14 H. 8. fol. 25. Diversity where the condition is precedent and where subsequent The Lord Lovell let to W. for life and if the Lessor dyed without Issue of his body W. should have Fee the Fee is not forthwith in W. Plowden fol. 481. Land is given to the Husband and his Wife in speciall taile the remainder in Fee to the Husband which deviseth the Fee to his Wife and dyes without Issue the Wife is seised in Fee 27 Book of Ass 60. Lit. fol. 31. B. If a Woman be seised in Fee and deviseth that to her Husband and his heires and dyes he hath no Fee Natura brevium fol. 88. 3 Ed. 3. Journey to Northampton 33 Ass 3. the same 18 E. 4. fol. 11. B. 18 H. 8. tit Patentees 104. The King gives Land to J. S. and to his
heires males adjudged that the Grant is void for that that the King is deceived in his Grant for this sounds in Fee simple whereas it is sayd the King intended but an Estate taile which is not so expressed And therefore now he is but Tenant at will and contrary in the case of a common person For Littleton fol. 6. saith Lands are given to another to have and to hold to him and his heires Males or to his heires Females or to whom the gift is made hath Fee in a common persons case for that there is no limitation in the gift of what body 6 H. 7. fol. 13. If Office be granted to one for life and after the King grants that to another and doth not recite the first Grant the King is deceived and it seemes that the second Grant is voyd 1 H. 7. fol. 13. Where the King of meer motion forgave A B of all his Debts and was Sheriff and after in the Exchequer he pleads that as Sheriff and held for that that it is of his owne motion and is generall yet he may plead that and it is a good Barr Otherwise it is where it is by suggestion for where it is of meer motion it is intended the King is not deceived but it seems if the King pardon one all his Debts he as an Executor shall not take advantage of that The same Law is if two be indebted and the King pardon one the other shall not take advanrage of that for it was the onely debt of him 9 H. 7. fol. 2. Where a Grant of the Kings is of his meer motion and the King recites that where he hath granted by his Patent he ratifies and confirmes and over We give and grant this give and grant is not but voyd for the King is Estopped to say the contrary but that he granted and ratified that but if it were as We are informed he is not Estopped and the King there is deceived And where it is of his meer motion recyted that he holds for life he is Estopped to say contrary but if it were as We are informed he is not Estopped and the King is deceived and he holds not for life 3 H. 8. fol. 7. held VVhere a Grant of the King is not onely of his meere motion but also of suggestion there if any part of the suggestion be not true the whole Grant is voyd 8 H. 7. fol. 1. VVhere the King upon information of the party Grants a Mannor which he hath by forfeiture and hath not that by forfeiture it is voyd for he is deceived So it is sayd where the King grants reversion where there is no reversion he is deceived and voyd 27 H. 8. tit Patents 100. It is sayd for Law that a false consideration in letters Patents shall not avoyd them as where the King for ten pounds to him payd gave such Land and the ten pounds is not payd the Patent is not void and shall not be repealed Contrary of Patent granted upon false surmise as to falsifie that the Land came to the King by the attainder of J. S. which is not true or such like 26 H. 8. fol. 1. If the King grants Lands to J. S. and recites for good service he hath done he grants and it is not true yet the Grant is good though the consideration is false 27 H. 8. fol. 33. by 6 H. 8. fol. 15. Will That the second Patent of an Office shall be voyd where another Patent is made before during the will of the King If mention and recytall be not made in the second Patent of the first Patent made at the will of the King if the Officer hath Fee it is voyd otherwise it is if hee have no Fee as it seemes 3 H. 7. fol. the last 6 H. 7. fol. 13. the same Where the remainder in Fee depends upon determination of Estate and where upon Condition and where upon Contingent HUsband and his VVife seised in right of his VVife in taile the Husband enfeoffs other two so long as J. S. and seven other persons live together and if it happen any of them to dye that then the remainder to the Husband and his VVife and to the heires of the VVife and J.S. dyes and the Husband and the VVife enter as they may for the remainder depends upon determination of Estate and not upon condition for death is certaine and for that the Estate is determined 18 H. 8. fol. 3. 18 Ed. 3. fol. 2. A Fine was levyed to the Husband and his VVife and to their heies Males of their two bodies begotten so that if the Husband dyed without heire Male that that should remaine to the right heires of the Husband and is received for that doth not depend upon condition but upon a limitation upon contingent of death which is certaine 27 H. 8. fol. 28. A Fine upon grant and render by which the Conisee grants and renders to the Conisor the Lands in taile upon condition that the Conisor and his heires shall carry the Standard of the Conisee in Battell and if the Conisor or his heires faile that then that shall remaine to a stranger this depends upon a condition and by Fitzherbert Fine cannot be taken upon a condition but if it be taken it is good And by Fitzherbert the Fee is in the stranger forthwith before the Tenant for life dyes otherwise it takes no effect for this word that then it shall remaine referrs to the possession of the Lands that is that then the possession of the Land after the death of the Tenant for life should remaine but if one let for life upon condition that if he dye c. the remainder to a stranger that is in him presently Plowdens Commentaries fol. 487. Nichols Case If a Lease be made upon condition that if the Lessee pay certaine Moneys within the tearme that he shall have it in Fee he hath no fee forthwith but upon the payment but it seemes this varies from the remainder If a man makes a Lease for life upon condition that if the Lessor dye without Issue that then the Lessee shall have fee the Lessee enters into Religion and after the Lessor dyes without Issue and after the Lessee is drawne out of Religion he shall not have fee in so much that at the time of the condition the fee could norvest in him 21 H. 7. fol. 11. Gift is in taile upon condition that if he alien in Fee that his Estate shall cease and that this shall remaine to a stranger it is not good for an Estate of Inheritance cannot cease also it cannot remaine without particular Estate and it cannot be upon a condition repugnant Where your Tenant hath the fee in him in expectancy and not executed in him and where it is executed in him A Lease to the Father for life the remainder to the eldest Son in taile the remainder to the right heires of the Father the Father dyes and the eldest Son dyes
in their life time and it seemes that after the death of R. and A. without Issue the Land ought to revert to J. See 45 Ed. 1. fol. 20. Tenant after possibility of Issue extinct TEnant after possibility of Issue extinct shall not have ayd of him in reversion but he in remainder shall be received upon his default 2 H. 4. fol. 17. 7 H. 4. f. 10 11 H. 4. fol. 14. the same Time of Ed. 1. Fitzh wa st 125. shall not be punished in wast Nor shall be compelled to attorn in a Quid juris clamat 46 Ed. 3.25 39 Ed. 3. the same and 12 Ed. 4. fol. 3. the same If he alien he in reversion may enter for forfeiture 45 Ed. 3.25 11. H. 4. f. 14. the same 10 H. 6. f. 1 and 39 Ed. 3. f. 20. Tenant after possibility of Issue extinct shall not have wast 2 H. 4. f. 21. wast doth not lie against Tenant after possibility of Issue extinct 45 Ed. 3. f. 25. He shall not have aid but if he alien he in reversion may enter for forfeiture 10 H. 6. f. 1. 39 Ed. 3. f. 20. Lit. f. 7. and 11 H. 4. f. 14. the same 39 Ed. 3. tit 17. Taile Tenant after possibility of Issue extinct which is impleaded shall not have aid of him in reversion but if he alien in Fee he in reversion may enter and shall not be compellable to attorn nor wast lies against him but if he makes default after default he in reveresion may be received Tenant by the Curtesie IF a married woman be Tenant after possibility of Issue extinct and the Fee discends from her Ancestor and she dies it is held that the Husband shall be Tenant by the curtesie 9 Ed. 4. f. 19. and 14 Ed. 3. f. 7. Husband discontinues Lands of his Wife and takes an Estate again to them in fee and hath Issue and the Wife dies then the Husband shall not be Tenant by the curtesie 9 H. 7. f. 1. If a man have Issue by his Wife Inheritrix though she had Issue a Daughter before she inherited yet he shall be Tenant by the curtesie 21 H. 3. Title Dower 198. If a woman Signioresse take her Tenant to Husband and hath Issue and dies the Husband shall not be Tenant by the curtesie of Services 1 Ed. 3. Tit. Dower 70. A man shall not be Tenant by the curtesie unlesse his VVife have possession in Deed of it but of an Advowson and Rent where she dyed before day of payment he shall be Tenant by the curtesie 21. Ed. 3. fol. 49. the same If the Issue be born living notwithstanding that he dies before he be heard cry the Husband shall be Tenant by the curtesie for the Issue shall not be taken if the Infant were heard cry after he was born but if he were born alive or not Perkins f. 89. A man seised of Land in fee is attaint of felony his Wife shall loose Dower but if the VVife seised in fee be attaint of felony and hath Issue by her Husband and she is hanged yet the Husband shal be Tenanr by the curtefie 21 Ed. 3. f. 49. A man takes a VVife seised in fee and hath Issue he commits felony for which he is attaint the King pardons him it seems he shall not be Tenant by the curtesie by reason of the Issue which he had before his attainder but if he had Issue after his pardon it is otherwise 13 H. 7. fol. 17. If a man takes a VVife seised in fee and she is attaint of Felony and hanged the King shall have the Land forthwith if the Husband were not intitled to be Tenant by the curtesie 11 H. 4. f. 19. b. Daughter and Heire endows her Mother and after takes a Husband and hath Issue and dies the Mother after dies the Husband shall not be Tenant but by the curtesie of that 8 Book of Affises 6. 3 H. 7. f. 5. If Rent discends to a Daughter which takes a Husband and she dyes before the day of payment the Husband shall be Tenant hy the curtesie Fitzh f. 149. D. A man shall not be Tenant by the curtesie of Land of the VVife unlesse the VVife have possession in Deed of that Land if it be not in a special case as of Advowson or Rent where she dies before the day of payment of the Rent Tenant in dower THE Wife after the death of her Husband shall remain in the cheife House by forty daies after the death of her Husband within which daies her Dower shall be assigned unto her unlesse before it were assigned and there shall be also assigned unto her the third part of all the Land of her Husband which was his in his life time Magna Charta chap. 7. Of Widowes which cannot have their Dowers without Suit that is that whosoever shall deforce them of their Dowries of the Tenements of which their Husbands died seised and afterwards the same Widowes by Suit recover them they shall give unto the said Widowes all their dammages according to the value of the whole Dowrie due unto them from the time of the death of their Husbands Merton chap. 1. If a Woman of her own accord leave her Husband and departeth and liveth with an Adulterer she shall for ever loose her action of recovering her Dower which was due unto her of her Husbands Tenements and be of that convicted unlesse her Husband of his own accord and without cohersion of the Church shall receive her and suffer her to dwell with him West 2. chap. 34. If the Hnsband be attaint convict or out-Lawed of Felony yet his Wife shall be indowed but if the Husband be attaint of Treason his Wife shall not be indowed by 1 Ed. 6. chap 12 5 Ed. 6. chap. 11. Where a woman shall beindowed and where not WHere the Husband Tenant of the King dies and his Wife is committed to the King during that time she shall not have Dower if she be not surprised of Dower 2 H. 4. f. 7. 6 H. 4. f. 7. It seems if a woman takes a lease by Indenture for years that during this lease she is not Dowable but if she take the Lessor to Husband and after he dies she is Dowable notwithstanding the lease 6 H. 4. fol. 7. Fitzh 149. E. the same Dower shall not be where the Husband dies having the reversion of a Free-hold that is of a reversion of an Estate for life as a man lets for life and afterwards takes a Wife and dies 2 H. 4. f. 27. 1 Ed. 6. tit Dower 89. 7 H. 6. f. 9. by June Fitzh 149. C. A woman may be endowed of a mine of Coals but she cannot make new mines for that shall be said wast Where the Estate is made to the Husband for life the remainder to another for life the remainder to the Husband in fee the Husband dies his Wife shall not have Dower unless that the Husband survive him in remainder for life 46 Ed. 3. f.
16. B. by Finchden If a lease be made of lands for years to A. the remainder to B. for life the remainder to the right heirs of B. and after B. takes a wife and dies during the term of years his Wife shall recover Dower But execution shall cease during the term of years Perkins fol. 67. A. 1 Ed. 6. tit 89. VVhere a woman is endowed of land which her Husband took in Exchange she shall not be endowed of the land given in Exchange 31 Ed. 2. tit Dower 204. 17 Ed. 2. tit Dower 162. the same VVhere the Husband holds joyntly with one and no partition made his wife shall not be endowed 8 Ed. 2. tit 167. Littleton f. 9. the same VVhere the Husband enters in Religion the heir shall inherit and yet his wife shall not be endowed for the wife may have him again out of Religion 32 Ed. 1. tit 136. Perkins f. 91. D. the same If the Husband be Tenant in common with two others in Fee and dies now his wife shall be endowed but not by metes and bounds Eitzberbert fol. 149. I Littleton fol. 9. the same If a villain takes a wife and purchaseth land and after the Lord enters and then the villain dies the wife shall be endowed 19 Ed. 2. f. 71. A woman of eight years three quarters at the death of her husband shall have no Dower Littl. 8. 12 Ed. 2. tit 159. the same A woman of the age of ten years at the death of her Husband shall be endowed 12 R. 2. tit 54. 8 R. 2. tit 122. the same VVhere the Husband hath an Office eo keep a Park to him and to his heirs his wife shall be endowed of that Pl. Com. f. 379. If the Lord enter for Mortmayn yet the wife of the Tenant shall have Dower Perk. f. 76. A. The same Law if the Lord recover against the Husband in Cessavit the Wife of the Tenant shall be endowed 34 book of Assise 15. where the Husband dies without heir and the land escheats the wife shall be endowed Tenant by the Curtesie surrenders to the Husband in reversion upon condition and enters for the condition the wife of him in reversion shall not be endowed 14. Ed 4. f. 6. VVhere a man enfeoffs one upon condition to re-enfeoff the feoffer again it behoveth that be made to a man unmarried or to a Chaplain that hath no wife for if it be to a man which hath a wife she shall be endowed 38. H. 8. tit Assurance 3.28 Book of Ass 4. the same Lands is mortgaged to the Husband and after the condition broken the Husband by agreement takes his money and dies his wife shall be endowed 42 Ed. 3. fol. 1. A woman hath title of Dower and enters upon the heir and enfeoffs him by Deed she hath given him her title of Dower included and is not now Dowable of that land 11 H. 7. f. 20. The husband Tenant in general tail makes a feoffment and takes back a special tail and his first wife dies and he takes another wife and he dies and his issue enters this second wife shall not be endowed for the heir was remitted 41 Ed. 3. f. 30. 46 Ed. 3. f. 24. the same VVhere land is given to the husband and his wife in special tail the remainder to another in tail the remainder to the right heirs of the husband and the wife dies and the husband takes another wife and dies living him in remainder the second wife shall not be endowed of that land 46 Ed. 3. f. 16. Land is given to the husband and K. his wife in special tail the remainder to the husband in general tail and K. dies without issue and the husband takes another wife and dies this second wife shall be endowed 50 Ed. 3. fol. 4. Where the husband and his wife have special tail the second wise shall not be thereof endowed 22 Ed. 3. fol. 9. B. Littleton 11. the same Where land is given to the husband and his heirs which he begets of the body of Margaret his wife which was dead at the time and he takes Eliz. and dies this second wife shall not be endowed 12 H. 4. f. 2. If a woman go away with an Adulterer into some land of her husbands and be not reconciled yet she shall not lose Dower otherwise it is if she were out of the lands of her husband 8 R. 2. tit 253. If a woman go away and dwell with an Adulterer she shall not have Dower But if she were carried away against her will and was carried 20 miles and returns and her husband dies she shall have Dower 43. Ed. 3. fol. 19. 47. Ed. 3. fol. 13. VVhere a recovery is by default or a reddition against the husband without title the wife shall have Dower 46 Ed. 3. fol. 23. VVhere a recovery is against the husband the wife is barred of Dower But if the recovery were by default it is remedied by the Statute and where by render is aided by the Common-Law and other recovery is not remedied Against whom Dower may be brought and what Assignement is good and what not WHere a Guardian in Socage endowes a Wife it seemes it is disseisin for a Writ of Dower doth not lye against a Guardian in Socage but against a Guardian by Knights service it lyeth 29 Book of Ass 68. Assignement of Dower by the Disseisor is good if it be not by Covin of the wife The same Law is by Abator or Intruder Perk. fol. 76. Assignement of Dower by the Tenant of the Freehold is good and ought to be by him 12 Ed. 3. tit 86. Perkins 78. the same Guardian in Socage cannot assigne Dower but Guardian by Knight service may 3 Ed. 3. tit 108. Perkins fol. 78 G. It appeares that Guardian by Knights service may assigne Dower Fitzh fol. 148 A. Where the Husband was seised of diverse Tenements and Manners and the Sheriff assignes the VVife which recovers one Mannor and a whole Advowson it is good for it is an infinite work to assigne part of every Acre 12 E. 4. fol. 2. If the Husband hath three Mannors and during the marriage charges them with a Rent and dyes if the wife take the third part of every Mannor she shall hold it discharged but if she take one Manner onely she shall hold two parts charged 17 Ed. 2 tit 164. It seemes it is good barr in Assignement that her Husband before the marriage granted by Deed to her a Rent in the name of Dower to which she agreed after his death 20 Ed. 4 fol. 3 in Dower but inquire Rent assigned out of Land of which she is dowable without Deed is good but out of other Land it is not 33 H. 6. fol. 2 B. Assignement of Rent out of the same Land of which she is Dowable is good barr in Dower if shee agree 7 H. 6 fol. 36. Perkins fol. 76 D. the same If a woman recover in a VVrit of Dower shee
the intaile is determined the Lease is determined and void 1 Ed. 6. tit acceptance 19. Lease for yeares and so from yeare to yeare as long as both parties pleased after he hath entred into every yeare it is a Lease for that yeare and a Lease for a thousand yeares is good 14 H. 8. f. 1. Lease for three hundred yeares is good and is but a Chattell notwithstanding the long time 32 Book of Assises 6. If a man lets for sixty yeares and so from sixty yeares to sixty yeares untill two hundred yeares be ended this is also one self same Lease and good 29 H. 8. tit Lease 49. and Plowdens Commentaries 273. the same The Husband and his Wife purchase to them and to the Heires of the Husband and after the Husband lets for yeares and dies the Wife may enter and avoid the Lease for her Life but if she dy before the residue of the Tearm it is good to the Lessee against the Heire of the Husband 33 H. 8. tit Lease 58. And note by all the Justices that the Guardian by Knight Service shall not out the Termor where he hath a Lease of his Tenant which dies his Heire within age contrary was the Law in times past as it appeares before in the title Ward VVhere it is agreed and granted to J.S. that he shall have twenty Acres in D. for twenty yeares this is a good Lease for this word Concessit is as strong as devised 37 H. 8. tit Lease 60. If one license one to enter and to occupie his Land for years it is a Lease for yeares in Law 10 Ed. 4. f. 4. 5 H. 7. f. 1. the same Tenant in taile lets for twenty two yeares rendring Rent and dies and the Lessee lets that over for ten yeares and the Issue accepts the Rent of the second Lessee this is no confirmation of the Lease for there is no privity betwixt the second Lessee and him 32 H. 8. Tit. Acceptance 13. A man lets for ten yeares and the next day lets the same Land to another for twenty yeares this is a good Lease for the last ten yeares of the twenty yeares which are ended after the first ten yeares 26 H. 8. Tit. Lease 48. See the time of H. 8. Tit. Lease 35. Weston saith If I let for so many yeares as J.S. shall name and after J.S. in my life time names certaine years the Lease is good for those yeares Plowdens Commentaries 273. A man lets a House with the Appurtenances no Land passes but if a man lets a House with all the Land to the same belonging there the Lands with that used passe and it is a good Lease of those Plowd Com. f. 273. 31 H. 8. tit Lease 55. See Plowd Com. 85. b. and f. 170.23 H. 8. tit Feoffments 53. If a man lets for life to J.S. and the next day lets to W. N. for yeares the second Lease is void if it be not granted of a Reversion 37 H. 8. tit Lease 48. A man lets for yeares to have after the Lease thereof made to J.N. ended and in truth J.N. hath no Lease this begins forthwith 3 Ed. 6. tit Lease 62. A man hath a Lease for yeares as Executor of J.S. and after purchaseth the Reversion the Lease is extinct and determined yet it may be assets 4 Ed. 6. Tit. Extinguishment 24. Leases made by a Bishop otherwise then for 21. yeares or three lives from the time that such Lease begins and where upon the old Rent is not reserved is void 1 Eliz. not in Print and for that a Lease made for thirty yeares by a Bishop and confirmed by the Dean and Chapters under their Seale shall not binde their Successor but if the Bishop Dean and Chapter joyne in a Lease for thirty yeares this is a good Lease notwithstanding this Statute And see Pulton tit Ecclesiasticall persons What Lease by Spirituall persons is good and what not And see 13 Eliz. chap. 10. That a Lease by Bishop Dean and Chapter for longer time then twenty one yeares or three lives is not good and by 14 Eliz. chap. 11. They may make a Lease of Houses in Cities and Borroughs for forty years and by 18 Eliz. chap. 11. They cannot let where there is an old Lease which hath continuance for three yeares or more A man possessed of a Tearm for forty yeares grants so many of them to J.S. which shall be behinde at the time of his death and it seems it is void for the Incertainty otherwise it is if it were by devise But if a man lets his Land to have after his death for forty yeares this is good for this is certaine 7 Ed. 6. tit Lease 66. See 8 H. 7. fol. 4. Grant of Rent but if a man let for life and foure yeares over is good Tenant which holds in cheife dies his heire before Livery sued makes a Lease for yeares this is good if no Intrusion be found by Office and if after the Lease the dying seised be found by Office and no intrusion it hath no relation to the death of the Ancestor unlesse for the profits and not to defeat the Lease 5 Ed. 6. Tit. Lease 57. Tenant at will What acts Tenant at will may do and what to him and what by him are good and what not IF Tenant at will lets for yeares in his own name He is a Disseisor 12 Ed. 4. f. 12. Release made to the Tenant at will by the Lessor is good Lit. f. 108. If one alien his Mannor there need not that Tenant at will attoin Lit. f. 125. Tenant at will cannot grant over his Estate to any for he hath no Interest certaine 27 H. 6. f. 3. B. If a man lets to one at will the Lessor dies the will is determined 21 H. 6. f. 42. If Tenant at will be outed this is Disseisin to the Lessor and yet the Tenant at will may enter without commandement of his Lessor for the will continues 38 H. 6. fol. 28. If Tenant at will make wast action upon the case lies against him and not wast 48 Ed. 3. f. 25. 11 H. 6. f. 38. the same See Lit. f. 15. 12 Ed. 4. f. 8. the same 22 Ed. 4. f. 5. Trespasse lies 14 H. 8 f. 12. By Brown If Tenant at will makes wast action upon the case lies and by Roo if my Father lets at will and dies the will is determined Littleton fol. 14. If Tenant at will makes voluntary wast he saith that the Lessor shall have an action of trespasse but it seems he intended trespasse upon the case 48 Ed. 3. f. 2. Action upon the case lies against Tenant at will which makes wast in burning of Houses willingly and not action of wast 2 Ed. 4. fol. 5. By Littleton If I deliver to you my Gown and you burn it action upon the case lies and not trespasse By force of Armes 43 Ed. 3. f. 30. If one hath Goods by delivery trespasse doth not lye against him but
have it Perkins 165. A man hath twenty yeares terme in right of his VVife and lets for ten yeares rendring rent and dyes his VVife shall have the Rent and the residue of the terme Fitzh 119 O. If a man takes a VVife which was indebted to other persons the Husband and the VVife shall be â—ued for this debt living the VVife but if the VVife dye the Husband shall not be charged unlesse it were recoverd during the Coverture Fitzh 121. If a man lets Land to a VVoman for life rendring Rent and shee takes a Husband and after the Rent is behind and the VVife dyes the Husband shall be charged for that that he took the profit otherwise it is of an Obligation made by his VVife before marriage the Husband shall not be charged unlesse recovery were of that during the marriage Fitzh 121. D. A woman hath Rent for Dower and takes a Husband and the Rent is behind and the VVife after dyes the Husband shall have Debt for this Rent But if a man be bound to a woman and she takes a Husband and the day of payment comes during the marriage and after the VVife dyes the Husband shall not have debt upon this Obligation for that that it was a duty to the VVife and a thing in action before the marriage Essoyne AFter that any hath put himselfe into any Inquest who hath appeared or might have appeared in these VVrits shall have but one Essoyne or one default c. West 2. chap. 27. Marlcbridge chap. 13. Marlb chap. 19. Of Essoynes it is provided that in Counry Hundred or in Court-Baron or other Courts none shall have need to sweare to warrant his Essoyne Westm 1. chap. 42. For that that Demandants which bring actions against many Coparceners and Joynt-Tenants they often avoid by Essoyne It is provided that those Tenants shall not have Essoyne but for one day no more then one sole-Tenant should have so that now he cannot avoid but only have an Essoyne see Marleb chap. 9. Westm 1. chap. 43. If one be essoyned as beyond the Seas where he is in England day of the Summons it is provided that this Essoyne be not allowed if the Demandant will averr that he was in England the day that the Summons was made and three weekes after But let it be adjourned And if the Tenant be attaint which was in England day of the Summons and three weeks after the Essoyne shall turne to him for a default Westm 1. chap. 41. In a Writ of Assise of Attaints and Juris utrum provided it is for travaile of Jurors that if the Tenant once appeare in the Court never after no Tenant can essoyne him Glocester 1. chap. 18. Provided that in other Pleas then Trespass or Attachments and Distresse lying if the Defendant make himself to be essoyned of the Kings Service and doth not bring his Warrant at the day which is given unto him by his Essoyne he shall render to the Plaintif Dammages of the torne of twenty shillings or of more according to the discretion of the Justices and be in the Kings mercy Westm 2. chap. 12. There lies not for one that brings an appeale of the death of a man an Essoyne West 2. chap. 17. In the Circuit of the Justices there is no Essoine admitted of being sick in bed of a Tenement unlesse he which makes himself to be Essoyned truly be sick for if it be excepted against by the Demandant that the Tenant is not sick nor in that state that he cannot come before the Justices they will receive a reproach and if this be disproved by an Inquest let that Essoyne be turned to a default neither lies that Essoyne in a Writ of right between two claimings by the same discent West 2. ch 27. After that any hath put himself upon any Inquest at the next day let there be an Essoyne allowed to him but at other dayes following by Essoyn let there be no deferring of taking the Inquisition whether he first had an Essoyne or not neither let any Essoyne be admitted after the day given by the request of the parties in case that the parties consent to come without an Essoyne Westm 2. chap. 28. When by the Statute of Westm 1. chap. 41. It is appointed that after the Tenants have once appeared in the Court there shall be no Essoyns allowed them in VVrits of Assise in the same manner from hence let it be observed of Petitioners The Statute of Essoynes questioned 12 Ed. 2. That Essoynes do not lie in these following Cases that is There lies no Essoyn Because the Land is taken into the Kings hand Because he is restrained by Land Because there is granted to him from hence Judgement if the Jurors come Because he was seen in the Court. Because at another time he essoyned himself as being not able to come He shall not be essoyned as being beyond Sea Because such a one essoyned him such a Day Because it was commanded the Sheriff that he should make the party to come 41 Ed. 3 f. 29. Because a VVoman is not in the Kings Service but because a Nurse Midwife or sent for by a VVrit to inspect the Belly Because she seems to be deceived in her Dower and deferring of Right Because such a Complaint hath not found Sureties to prosecute Because the Attorney was essoyned Because he hath an Attorney in his Complaint Because he is essoyned witnessed c. that he is not in the Kings Service Because the Summons is not testified or part of the Return not attached Because at another time he was essoyned of the Kings Service and now did not send his VVarrant Because re-summons was in the last Presentment or Death of his Ancestor 30. Book of Assises 51. Because such a one is not named in the VVrit Because it was commanded the Sheriff that he should distrain him to come by his Land and Chattels Because it was commanded the Bishop that he should make him come Because the time was past But it is to be known that an Essoyn of the Kings Service is allowed after the great Cape and the small Cape 1 H. 6. f. 4. Trespasse Issue was if the Land were the Freehold of the Plaintiff or of the Lessor of the Defendant and after Issue the Defendant prayed aid of his Le or and at the Summons returned the Prayee was essoyned and at the Day which he had by the Essoyn he joyned and at the Venire facias returned the Prayee cast Essoyn and it lies for that that the Statute is Porâ—quam c. 44 Ed. 3. fol. 38. Precipe the Tenant tenders his Law and this is at Issue for that after he shall have but one Essoyn 37 H. 6. f. 2. The Plaintiff was essoyned at the Day of the Law 9 H. 5. f. 5 the same 48 Ed. 3. fol. 21. One is essoyned after Issue in London and at the Day in Bench upon a forreign matter is there essoyned again for it is the
504 Court-Baron And Leet how they are first ordained fol. 6. And where Suiters hold of the Mannor 7. Is incident to a Mannor 7. The order here begins to keep that 105. The charge in this here begins fol. 107. VVhat actions shall be there sued and what not 145. Capias shall not be awarded in that and which is a great Court 98. In what place it shall be held 186. VVhat is Court-baron and what of Record 187. The tryall in Court-Baron 187. Forraine matter pleaded there 187. The entries in Roll of Court-Baron here begin 186. Entries of surrender and admittances Forme of processe of execution Court of Ancient Demesne Here that begins 188. See before Ancient Demesne Court of Pipowders Is of Acts and Contracts onely within the Faire fol. 195. Court of the Marshalsey fol. 196. And the authority of that to hold Pleas fol. 127 Crosse-bows and Hand-guns fol. 28. Crow-Netts fol. 30. Customes Customes of diverse Mannors 200. It shall be reasonable according to common right and upon good consideration 201. What is good and what not 204. And who may prescribe fol. 105. It shall be taken strictly fol. 209. Damages FOR taking onely and not for retaining shall be recovered 211. In what Actions shall be recovery and in what not 211. Damages recovered in Dower fol. 314 Distresse For amerciament the Lord may distraine and for Fine or By-Law broken shall have debt or Distre 〈…〉 VVhat thing may be distrained and what not fol. 87. Discent VVhere one shall be sayd in by discent and where by purchase 212. A woman being young with child enters and see great with child and who is Bastard 213. VVhat is a possession in fee to be an impediment to the halfe blood 214. Discent and where it shall escheat fol. 214 De son tort Demesne VVhere one may plead that and where not c. fol. 216. Divorce If they have in Frank Marriage and are divorced the wife shall have all and if taile they have a free-hold by Divorce fol. 310 Double Plea See there what is a double Plea and what not fol. 441 Droit VVho hath more right and how it shall be directed 151. where after the Mise joyned judgement finall shall be given 151. Recovery in right c. fol. 496 Dower By attainder of tenant in taile where it shall be forfeited and where not 303. Third part shall be assigned to Eloppement 314. It shall not be of a reversion for life though his fee is joyned to the freehold 317. Nor it shall not be during the time of the husband being in Religion nor where be is joyntly seised 316. VVhere a villaine takes a wife it shall be under nine yeares it shall not be fol. 315 VVhere a Lord enters for Mortmaine or recovers in Cessavit the wife shall be 317. where the husband hath an estate in fee upon condition shee shall be 317. where the heire is remitted shee shall not be 317. where the husband looses by default or reddition she shall be fol. 318 Assignement by Guardian in Knights service by Disseisor Abator or Intruder good 317. Assignement by Guardian in Socage shall not be Rent assigne to the wife Rec. and yet assigne 317. Where the husband dyes seised and shee demands and hee was not ready the wife shall recover damages fol. 318. Entendment What is good by Entendment and what not fol. 443 Enquest In Leet if twelve agree it is good and a stranger may be sworne 13. In Court Baron by lesse then twelve for the Lord 13. In Leet it shall be by twelve at the least and see issue tryed in Court barâ—â— fol. 〈◊〉 Misdemeanor in drink or taking a writing fol. 225 Estray After the yeare and day and Proclamation made in the Church and Markets fol. 79 Escheat VVhere it ought and where it shall discend fol. 216 VVhere land ought fol. 217 Essoine After Issue but one Essoine 368. VVhere at two Venire fac Habeas corpora and distresse it shall be and where not 372. Action against three every one shall make Essoine severally and not after but c. 373. Of the Kings service cast in at the Distringas Jurat 374. After appearance the Tâ—nant shall not be in Assise 375. Of the service of the King the Essoine Sworne and he ought to bring in his warrant and shall loose 20 s. fol. 380 Exception of that entered and day of Essoyne fol. 280 It doth not lye for acorporation in the Scire fac fol. 381 VVhere it lyeth upon a re-summons and re-attachment and where not fol. 361. Evidence Vpon generall Issue that he had no such canse of action or no cause of action good 234. That he hath interest and an Estate good 235. Vpon general Issue he shall not have Evidence of another thing or contrary 236. VVhere the Evidence proves the substance of the Issue it is good 239. Exhortation to the Inquest Exhortation the cause that they are sworn 13. Execution What shall be and what in Court Baron and Capias is not there 227. Vpon a Recognizance and Statutes 231. Of Goods that he shall have Day of the Execution awarded of Land that hath Day of the Judgement 230. Four manner of Executions and Debt after the year 232 Fealty SHall be at the first Court and Attornement 140 Form of making Fealty 92 Who shall make that and who not 259 Felonies If Indictors of a Felon utter the Counsel of their Companions See divers manners of Felonies there 48 Forfeitures The King hath Year Day and VVaste and the Lord and Escheats 54. Of Goods onely and where not by Attainder 55. Of Lands Day of the Felony and Goods Day of the Judgement 57. And when Officer may seise 58 Formedon To a Gift first made it is not extended and Assise by Tenant in Tail where it lieth and where not 247 Shall make a Discent by all which tender Estate and the heir to every one is to sue 248. In Reverter and Discender Esplees is of the Donor and Donee in the Remainder in the Donee onely 249 Gage Law TRiall in Court Baron is by waging Law and by Assent by the Country 384. Where he shall have that in Account and where not 384 385 386. Detinue of VVritings and Obligation where he shall have his Law and where not 385. Vpon Arbitrement and Money awarded shall have his Law and not upon Statute 385. Debt for Salary for what he shall have it and for what not 385. He may where the Plaintiff fails in the Contract 185. He shall have it not shewing a Deed witnessing the Contract or Receit 388. Debt for Counsel he may have but not for Amercement in Leet 387. Where he shall save his defaule upon the Grandd Cape by waging of Law and where by Imprisonment and certain VVater 390 Garde VVho shall be in VVard and who not 250. VVhere part is in chief the King shall have all and where part Socage not all 254. Guardian cannot at this day out the Termor 256
his life in safety And for that that the Law is so necessary Now let us see when and how these Courts Leets and Court Barons began Fineux The beginning of these Courts Leets ordained 12. H. 7. fol. 18. saith That at the beginning all the administration of Justice was in the Crowne and where the King was there was the Law administred Then afterward for the multiplicity of the people was the Court Leet for punishment of offences and annoyances to the Common-wealth within the Precinct of that and the Articles and paines are ordained to that end and it is called The view of franke pledge for that the King there may be certified by the view of the Steward how many people are within every Leet and also to have account and view by the Steward of their good government and manners in every Leet And also the Leet was ordained to have every person of the age of twelve years which had remained there by a yeare and a day to be sworne to be faithfull and loyall to the King and also for that that the people there might be kept in peace and obedience these Courts Leets were ordained And Court-Barons were ordained to determine Injuries Court-barons ordained Trespasses Debts and other actions as afterwards it appeareth where the debt or the dammages are under forty shillings And also for that that the Lords of the Mannors and Court-Barons have given their Tenants their Lands and Tenements before the Statute of Westm the third to hold of them for that also Homagers of Court ought to inquire in this Court that their Lords shall not loose their Services Customes nor duties And also it was ordained to make their Suites there and so to shew them obedient to their Lords and that nothing be made within the Mannor to be an annoyance or hurtfull to the Inheritances of the Lords of the Mannors which should not there be inquired of and presented for the Lords of the Mannors as afterward by the Articles more plainely appeares And so now you see here breifly that the Realm cannot be governed without a King and that the King for that cause is appointed of God and that the King governe by the Law Roy Ley. and cannot governe his people without Law and also you have heard how ancient and how necessary these two Courts are for governance of the People And now for that these Courts are held within Mannors and that a Court-Baron is incident to a Mannor It is fit to know how Mannors did begin and within what Mannors Court-Barons are held and in what not Parkins fol. 127. saith That the beginning of Mannors was when the King gave a thousand Acres of Land or a greater or lesser parcel to one and his heires to hold of him and his heirs and before the St. of Quia emptores terrarum because buyers of Land one seised of Lands did infeoffe one of ten Acres another of twelve Acres and the third of twenty Acres every one of them to make service unto him and so by continuance of time out of minde c. he had a Mannor Also in the 33. yeare of H. 8. Comprize c. 31. Plow fol. 169. a. A man cannot make a Mannor at this day for notwithstanding that a gift in taile be made to diverse to hold of the giver by Services and Suit of Court though by that there be a tenure yet it cannot make a Court for that cannot be but by Prescription And if a Mannor be and all the Freeholders but one Escheate Mannors cannot be without Court Baron or if the Lord purchase them it is no Mannor and there cannot be a Court-Baron without Sutors and not with one Suitor onely 35. H. 8. Tenures 102. 23. H. 8. Court-Baron 22. Suit 17. Fitzherbert 3. C. If one hold of another as of a Signiory Ingrosse which is not a Mannor he hath no Court Baron Fitzherbert 8. b. Where a man giveth all his Land in Taile there is a Signiorie Ingrosse and he shall have no Court but if he were seised of a Mannor and give parcell of the Demesnes in taile it is otherwise 22. H. 6. Title 2. Services is parcell of a Mannor but not the Land of the Mannor unlesse it be Copihold for if a man hath a Mannor in the County of Westmerland and one holdeth Land of that Mannor which Land is in the County of DARBY hee shall demand that Mannor in the Counties of WESTMERLAND and DARBY 18. of the Booke of Assises 3. If a man seised of a Mannor doe alien foure Acres in fee this is separated and no part of the Mannor but if the Husband seised of a Mannor in right of his Wife alien foure Acres for life and afterwards grant the Reversion of that in fee to P. and afterwards P. purchase the whole Mannor to which the Husband and Wife levie a Fine Sur connusance de Droit upon acknowledgment of Right as that which he had of their gift The Fine extendeth to the foure Acres which were severed for they were parcell in reversion as of the Mannor And in the 36. H. 8.4 Two Coparceners make partition of a Mannor so that each of these have a parcell in Demesnes and a parcell in Services Now each of these hath a Mannor and each of these have two Suitors but otherwise it is if one have but one Suitor he cannot hold a Court-Baron But 12. H. 4.25 Partition is made of a Mannor that one Coparcener shall have the Demesnes and the other the Services the Suit to the Court is suspended and during that there shall be no Court-Baron held And 8. H. 3.4 and 34. H. 6.53 It is held that a Court-Baron is belonging to a Mannor of common right so that within every Mannor shall be a Court-Baron unlesse there be no Suitors there or that by partition the Suit is suspended as it is before said But note that diverse are called Mannors within which are not any that hold of these Mannors but only Copiholders at the will of the Lord according to the Custome of the Mannor and there are no Freeholders which hold by Charter and yet these Lordships are called Mannors and in these are Court-Barons 19. H. 8.17 Court-Baron is belonging to a Mannor And now though the honourable Judges of both Benches and the Honourable Lord cheife Baron and the other Judges there of Record at this day are altogether given to administer Justice to all without respect of any Persons R. 2. Maint 2. according to the Statute of the 1. of Edw. 3. Chap. 14. which is that right be made as well to poore as rich and that none send Letters in disturbance of the Common Law so that praise be to God their whole inclination to the administration of Justice may be a sufficient example to all Stewards to administer Justice and not to have regard to Letters Yet in some Court-Barons I have seen such subverting of Justice by Stewards some by
which abjured and for which he is hanged and for that it is said if one rise against the King and is slain that he shall not forfeit his Lands untill he be afterwards attaint by Parliament as in use 7 H. 4. fol. 33. the same 7 H. 4. fol. 48. See Stamford fol. 49. The King shall have yeare day and Waste and Chattells forfeited Fitzh 144. It seemeth that the King shall have yeare day and waste where one is convict of Felony and that is the next yeares profits for if one taketh the profits that yeare and day the Lord shall have a Writt to the Sheriff to deliver him possession and he which hath taken the profits shall answer to the King for that Fitzh 144. N. The King shall have the escheat of Tenements in Cities and Borroughs which are held of him in fee farme Fitzh 6. b. The King as it appeares by the Register shall have a Writ of escheate returned into the Kings Bench for the King may sue in what Court he will 31. Ed. 1. tit discent 17. f. If the Son and Heire of A. be Outlawed in the time of his Father of Felony and after he purchase his Charter of pardon in the life time of his Father and after the Father dies he shall not have the Lands descended from his Father but the Lord of whom they are held by escheate 9 H. 5. fol. 9. the same 1. Ed. 1. tit discent 15. the blood is corrupt which cannot take by discent 26. Of the booke of Assises 2. If the Son be attainted of Felony in the Life time of his Father and hanged his Sister shall have the Land by descent from the Father and it shall not escheate 46. Ed. 3. tit discent 6. If the Father have a Son and a Daughter and the Son be attaint of Felony in the life time of his Father and dieth there the Daughter shall have the Land and if he survive the father then the Lord by escheate 8 Ed. 1. tit Assise 421.49 book of Ass 4. 3. booke Assise Where the Tenant grants a rent-charge out of his Land and after that escheates the Lord shall hold this charged but otherwise it is where a Tenant which holds of the King chargeth and dieth without Heire 4 Ed. 4. fol. 2. If that be found by Office yet it cannot be Natura brevium 103. In a Writ of Escheat it is no Plea that he died not seised but it is a good Plea that he did not dy his Tenant Fithz 144. C If the Tenant be disseised and after dieth without Heire it seemeth the Lord shall have a Writ of Esch eate for that that his Tenant died in his Homage 2 H. 4. fol. ninth the same Fitzh 144. If a man be beheaded for Felony or dy after Judgment before he be put in execution by the Officer yet the Writ shall say for which he was hanged Na Bre fol. 104. the same 11 H. 4. fol. 16. One may have escheate and ward before he be seised of the services Littleton 106. if a Signiory be granted by fine See 2 and 3 Ed. 6. chap. 8. Where one hath a Rent c. The King is intitled to the Land by attainder and that is not found in the Office yet he himself shall have his Rent by the Statute And it is to see now where a forfeiture shall be of Goods onely and not of Lands and where not ONe indicted that he killeth one in defending himself by Fairefax he shall be arraigned and shall loose his Goods 21 Ed. 3. fol. 18. and shall not forfeit his Lands 4. H. 7. fol. 2. fol. 18. Where one killeth one in defending himselfe or by mischance he shall forfeit his Goods and not his Lands Stamford fol. 45. If one kill another by misfortune he shall forfeit his Coods and it behoveth that he have his pardon of grace Stamford fol. 185. the same 26 H. 6. fol. 6. the same and he shall not forfeit his Lands 2. H. 4. fol. 20. One arraigned pleads not guilty and it was found that the dead struck the other to the ground and for haste fell upon the blade of him that lay upon the ground he lying upon the ground shall not forfeit his Goods but if it were found that he kils him in defending himself it is otherwise 44 Ed. 3. fol. 44. 49. Ed. 3. fol. 5. Where a man is indebted to a man attainted by specialty the King shall have it contrarily if it be without specialty for the Debtor may wage his Law against him which is attainted contrary against the King but in the Exchequer it was held that debt to be forfeit to the King 16. Ed. 4. fol. 4. A man cannot wage his Law against the King 50. Ed. 3. fol. 1. Stamford 183. See forfeiture upon he made his flight and fol. 184. upon an Exigent awarded and fol. 185. upon a Clerk convict and fol. 187. of Lands and of a thing in action and so further of Forfeiture Clerke convict shall forfeit all his Goods but not his Lands but the Clerke attaint shall forfeit his Lands 40 Ed. 3. fol. 42. Fitzh fol. 66. yeare 20 Ed. 4. fol. 5. Clerke convict shall forfeit his Goods notwithstanding that after he makes his purgation which now is not made by the Statute of 18. Eliz. chap. 7. And then he shall forfeit the Issues of his Lands till he hath made his purgation 8. Ed. 2. Forfeiture 34. and Stamford fol. 185. A Clerk convict is not out of the Law as an Alien is for his Heire shall inherit his Lands after his death 3. H. 7. fol. 12 and 21. H. 7. fol. 31. A Woman out of her wits killeth her Husband she shall forfeit nothing Stamford fol. 45. Where a man distracted kill one he shall forfeit nothing 3. Ed. 3. forfeiture 25. Executors Outlawed shall not forfeit the Goods which they have as Executors nor by attainder of Felony 32 H. 6. fol. 34. By award of Exigent in Felony though he be acquitted afterwards his Goods are forfeited 44 Ed. 3 fol. 17 and Stamford fol. 184. D 22 booke of Assises 81. By award of Exigent Goods and Profits of his Lands are forfeited if the Exigent be not erroniously awarded Stamford fol. 47. If one be indicted upon the view of the body before the Coroner of death all his goods are forfeited though that he be acquit afterwards Stamford fol. 45. See 5. H. 4. 13. H. 4. fol. 15. If a man be convict of Heresie and be delivered to the Lay power his Goods are forfeited though that he be not put in execution but his Lands he shall not forfeit unlesse he be put to death Doctor and Student fol. 14. One killeth himself he shall forfeit his Goods and not his Lands 3 Ed. 3. Tit. Coron 201. 8. Ed. 2. Tit. Corone 420. The Goods of them which hang themselves are confiscate 8. Ed. 4. fol. 4. One put to his penance shall not forfeit his Lands but Goods 14. Ed. 4. fol. 7. For
preserved and you shall live in quiet and hold your Goods Lands and Lives in peace and quietnesse and you shall be accounted after this life among the Saints of God and shall have life eternall and over that observe you that I may by the Law charge another Jury immediately to inquire of your concealments and perjuries and that you shall finde by putting great Fines and Amerciaments upon you and imprisoning your bodies And to conclude first now if you remember your duties to God as I have said that will move you to keep your Oathes and the love that you owe to the Common-wealth with consideration of your selves wives sonnes and posterity and the fear of God and regard of honesty and all these well considered then you will present justly and truly the things which I shall give to you in Charge and I make an end and the Articles of your Charge follow Then followeth the Charge in Court Baron The Charge in Court Baron FIrst you ought to inquire of all persons which owe Suit to this Court and who make default and present their names and you ought to note that all such persons which hold any Land of the Lord by Suit of Court in what place they dwell and of what age he is that should make Suit to the Court or otherwise he ought to be amerced and Amerciament is by custome for by the Common-Law they shall be distrained and that is called Suit-service and that is by reason of the Tenure and if any such person which oweth Suit to the Lord be in Ward to the King neverthelesse he may be amerced for not making Suit to the Court of the Lord but the Lord cannot destraine for this Amerciament during his Wardship yet after Livery the Lord may destraine for the whole Amerciament And if there be two Coparceners Coparceners Joynt-Tenants for which one Suit ought to be made the eldest sister ought to make the Suit onely and the other shall be contributary Fitzh 159. B. And so it is of Joyn-Tenants the Suit may be made by agreement by one and the other shall be contributary by Marleb chap. 9. but if one holds twenty acres by Suit of Court and alien that to twenty severall persons by the Statute of Quia emptores terrarum every one shall make Suit severally 2. Rastal Suit 1. Also if any Tenant be dead after the last Court or before and his death not presented you ought to inquire what Lands he holds of this Mannour and if they were held by Knights service Ward Releif Soccage or by Copy and what advantage the Lord shall have by his death Scilicet Wardship Marriage Releif Escheate or other Profits and who is his next Heire and of what age and in whose custody he is 3. Also if any Tenant which holds by Knights Service alien his Land by collusion to defeat the Lord of his Ward and other Profits it is inquirable 4. Also if any Tenant which holds by Knights service be disseised and dieth disseised his Heire within age the Lord shall have him in Ward and if any Tenant which holdeth by Knight-Service die his Heire male within age of 21. years the Lord shall have the Land in Ward till the age of 21 years and also his Marriage unlesse he be married Littleton fol. 19. 5. If the Father which holds in Knights Service marry his daughter within age to a husband of full age and dies the Lord shall not have the Wardship of the Land and if she were of full age the Lord shall not have the Wardship of the Land but if she were within age and marry to a husband within age the Lord shall have the Land in Ward till the age of 14. years Natura brevium fol. 98. But if such Tenant die his heire female being of the age of 14. years or more and not married she shall not be in Ward nor her Land but if she were within age of 14. years and not married she shall be in Ward of Body and Land till the age of 16. years and if she were married in the life of her father within the age of 14. years her land shall be in Ward till the age of 14. years and no more Littleton fol. 19. 6. And you ought to note that there is Knights Service of a common person that is where one holds of his Lord by Homage Fealty and Escuage that is to say when it is assessed to more more and when to lesse lesse Littleton fol. 19. and where one holdeth by keeping a Castle or by blowing a Horn that is Knights service 7. And Soccage Tenure is where one holds by Homage and Fealty or by Fealty and Rent or by Homage Fealty Rent and by Suit of Court for all manner of Services or in Burgage and if such Tenant die his issue within age of 14. years then the next freind of the heire to whom the inheritance cannot descend shall have the Ward of the Land and of the Heir till 14. years and then give an account to the Heir of the profits taken but this Gardian shall have his reasonable allowance for his costs and expences Littleton fol. 22. See Natura Brevium fol. 97. 8. Releife by Soccage is as much as the cheif Rent is by the yeare which he payes to his Lord and this is due forthwith after the death of his Tenant in Soccage so that the Heire be past his age of 14. yeares Littleton fol. 24. 9. And if Land be held by Knight Service and his Tenant dies his Heire of full age the Releif is due to the Lord and if he hold by an intire Fee of a Knight the Releife is one hundred shillings and if he hold by the halfe of a Fee fifty shillings and so according to the rate Littleton fol. 21. and all these profits are inquirable 10. Also if any Rent Custome Rent not paid or Service be withdrawne which ought of right to be made by whom it is with-drawne and what Custome and Service it is and in what Bailiffs time it was with-drawne and where the land is that the Lord may distrain for the Arrearages and what Rent that is and how many years it hath been with-drawn 11. Lands concealed Also if any Land of the Lord be withdrawne or used by any without license of the Lord by whom it is and how much Land hath been so used and of what value by the yeare that is is inquirable 12. Also if any Villaine of the Lord be and what Goods Villaine Chattels and Lands he hath what estate he hath in them that the Lord may seise them and what other things he hath And if any Villaine withdraw his Goods out of the Lordship without license of the Lord or if a free man marry a Villain woman without the license of the Lord it is inquirable Note If a Villaine purchase Lands and doe not alien them before the Lord enter into them the Lord shall have them
and took Hares Coneys and Pheasants and not his and good for he hath no property 22. H. 6. fol. 65. Doctor Student fol. 9. None hath property of Birds Fowle wilde Beasts of Forrest and Warren yet the eggs of Hawks Herons and such like are to them which owe the Land Fitzh 67. No man shall be taken and imprisoned for Vert or Veneson if he be not found with the manner or indicted Nat. bre fol. 41. the same See Britton fol. 84. 18. Ed. 4. fol. 14. Where a man licenses me to hunt and kill a Buck in his Park my servant cannot come in by my commandment for the license shall be strict to him to whom it is given 2. Ed. 4. fol. 5. Trespasse one cannot justifie by license of a Keeper to kill a Deer 16. Ed. 4. fol. 7. Trespasse by force of armes he broke his Dove-house and took his Pigeons in the same and good but not abroad when they are out and have no mark and are in the fields 38. Ed. 3. fol. 12. Trespasse for entering into his Warren and took his Pheasants it was held that if the Defendant fly a Pheasant in his own land out of the Warren and his Hawke fly and kill in anothers Warren his entry into the Warren is a wrong Treheron in his reading shewed that Forrest ought to be by Commission and Proclamation and that a common person cannot have a Forrest that is to say cannot make a Forrest nor use Forrest-Lawes as it is said And to a Forrest there are divers Officers and to this is incident a Court of Swannimote but a common person may have a Chase or Park by Grant or Prescription and Forrest-Lawes shall not be to a Chase nor Court of Swannimote the Statute of 13. R. 2 is not inquirable in a Leet but before Justices of Peace that is to say that it is that no Artificer nor Lay man which hath not Lands to the value of forty shillings per annum and no Clark which is not advanced to ten pound per annum shall not keep a Harrier or other Dog to Chase nor shall use Ferrets Hayes Nets Harepipes nor Cords nor other Engines to take or to distroy wilde beasts upon pain of imprisonment for a year yet it is inquirable in a Court Baron if any hunt or hawke within a Park Chase Warren or Demesne Lands of the Lord of the Mannour without his license and for that something of that shall be said 12. H. 8. fol. 3. Trespasse lieth for taking a Hound or Deere out of the possession of the Plaintiffe and hath possession and not property 12. H. 8. fol. 10. One hath but possession of a Deer and if they go out catch that catch may and if any Hawke kill a Pheasant in your Land it seems that I shall have the Pheasant and yet it seems that one cannot hunt nor hawke in anothers Land 10. H. 7. fol. 30. Account lieth against a Keeper for the Deer for he hath possession as a Bailiffe one may grant liberty to one to take every year a Deer or to the Keeper the shoulders of them killed 13. H. 7. fol. 10. Where a Deer is given to one he may bring in his servants to take it for otherwise peradventure he cannot serve his Warrant 13. H. 7. fol. 13. It is said If one hath license to chase he cannot kill 18. Ed. 4. fol. 14 15. H. 7. fol. 16. Fine for hunting shall be greater then the trespasse 21. H. 7. fol. 30. It is lawfull for one to kill a Hart out of the Forrest though he be proclaimed 12. H. 8. fol. 4. saith That one may distrain a Brache doing damage which enters into my Close to chase 2 Ed. 3. tit distresse 20. 48. Ed. 3. fol. 8. He that hath land adjoyning to a Chase may hunt Deer out of his ground with a little Dog but not with Begles and by some if the Dog follow them into the Chase and the owner drives them back yet if they kill the beast trespasse doth not lye Seek 18 H. 6. f. 22. Held that if a man goe in the way adjoyning to a Park and his Dogs break his Leash and kill a Deere in the Parke against his will and he call them back he shall not be punished but it seems that if he doe not what he can to hinder them it shall be a trespasse Fitzh 19. If one incite or procure his Dog to bite a man he shall have his trespasse upon that Assise IN so much that an Assise is brough of a Copy-holder some thing is to be noted to you touching Assises And first I intend That if a Copi-holder of Inheritance dyeth seised of a Copi-hold and his heire enter as he may though there be no Court kept and he not admitted and be outed by a stranger of that dissâ—isic he shall have a Plaint in nature of an Assise Seek for it is 13 Eliz. by the Justices If Tenant by Copy of Court Roll dye seised and his heire enter and take the profits he is no trespasser though the Lord hath not admitted him Tenant and though no Court were held there in seven yeares and further there said that it was adjudged in the Chancery That if Tenant by Copy of Court Roll hath issue two Daughters by diverse Women and they enter and take the profits and one dyes before any Court held now her Cozen collaterall ought to Inherite as heire to her and not the other Sister as heire to the Father which proves that this was a seisin according to their Custome The same Law is if a Copl-holder be admitted and after is thrust out by another or if another be admitted to it and by this he that was first admitted is thrust out by him which was secondly admitted the first Admittee shall have a Plaint in nature of an Assise of that disseisin Plowden Com. fol. 528. Parson before Induction cannot grant an anuity for he hath no possession so it seems if a Copi-holder dye seised his issue shall not have an Assise before admittance Fitz. 177. a. Where Tenant for life in Fee simple or Fee taile is disseised of his Lands and Tenements or outed of that against his will this is disseisin and he shal have an Assise of novel disseisin Nat. brevium fol. 107. Fitz. 195. c. Where my Father or my Mother my Brother or my Sister or my Unkle or my Aunt or Nephew or Neece dye seised of any Lands or Tenements or of Rents of an Estate of Fee simple now if a stranger take possession of this Land or Rent after their death I which am their heire shall have an Assise of Mortdancester Nat. brevium fol. 118. So for a Copi-hold in Fee If my Father Mother Brother or Sister Unkle Aunt Nephew or Neece dye seised of that and a stranger enters I shall have a plaint and make protestation to Sue in nature of a Mortdancester and upon disseisin as above in nature of an Assise of novel Disseisin
Writ is awarded good he may afterwards plead in barr 6 Book of Ass 1. Infant in Assise pleads Ontlawry of Felony in Barr and at another day was suffered to plead Release of the Plaintiffe in Barr 14 Ass 15. Assise the Tenant pleads in Barr and the Plaintiffe joynes Issue and the Court doe not take the Assise the same day and the next day the Tenant cannot change his Plea 11 H. 4. fol. 2. b. Where the Tenant pleads to the Assise by a Bailiffe if his Master have a Release or a Writing of which the Jury cannot have notice then if the Assise passe against the Bailiffe yet the Master shall have Certificate upon this Writing the same Law is if the Verdict be not well examined by the Justices and see more there Fitzherbart fol. 181. b. The Tenant pleads in Barr a Deed of the Ancester of the Plaintiffe with warranty and the Plaintiffe makes Title and afterwards he cannot plead in abatement that the Lands were in another Towne for that that the Assise was awarded 10 Edw. 3. tit 157. and 1 Ass 17. The Tenant pleads in Barr and the next day pleads by a Bailiff to the Assise and may for that the Assise was not awarded Abridg. As f. 47. Where the Assise was awarded upon the Plea of the Bailiff at another day after the Tenant comes and pleads Release and hath it for that he may have Certificate Abridgment As fol. 138. The Tenant may relinquish his Barr and plead the generall Issue otherwise it is in Cosenage Grand-Father and great Grand-Father but he cannot plead a new Barr 40 Ed. 3. fol. 49. Ass Assise the Tenant pleads in Barr the Deed of the Ancester of the Plaintiff with warranty and the Plaintiff makes Title and after the Tenant waives the Barr and pleads in abatement that the Lands are in another Town and cannot 1 Book of Assises 17. Assise If a Plea be pleaded and the Justices dye all shall be pleaded a new but if they are at Issue they shall stand 4 H. 7. fol. 7. Where in 〈◊〉 Assise a man shall have diverse Pleas to the writ and conclude over no wrong no Disseisin and where not NOte that the party himself or his Bailiff may have diverse Pleas where one is not contrary to the other concluding over no wrong as if he plead mis-naming of the Plaintiff if it be not found no Tenant of the Free-hold named in the Writ and if it be found no such Town and such like and notwithstanding and if it be not found no wrong for one is not contrary to the other but if he will say that the Tenements are in another Town and if it be not found no Tenant of the Free-hold named in the Writ and if it be not found no wrong these Pleas he shall not have for he shall not plead no Tenant of the Freehold named in the Writ c. And after say the Tenements are in another Town Note though the book at large be if it be found leaving out this word Ne yet the book of Entryes is if it be not found and so it seems in reason that it shall be as above if it be not found c. 36 H. 6. fol. 1. Where one pleads to a Writ and also in Barr what Barr is that which doth not go to the point of Assise scilicet no wrong but it is a Barr out of the point of Assise in such a case he shall not have both the Pleas for by such Barr the Plea to the Writ is waived as in an Assise of Rent the Tenant pleads wrong naming of himself and if it be not found out of his Foe he shall not have these two Pleas 3 Ed. 3.15 Tit. 172. Tit. 223. It seems if the Tenant plead in abatement of the Writ he shall not plead over to the Assise if his Plea to the Writ be not triable by the Assise 22 Book of Assises 14. In an Assise of Rent the Bailiff pleads mis-naming of the Town and if found not so c. That another is Tenant of the Rent not named for this is not contrary and it seems that in an Assise of Rent the Tenant of the Land may say that the Land whereout c. is in another Town and if found it be not that he hath a taker of the Rent not named contrary it is in an Assise of Land 15 Ed. 3. Tit. 55. In Assise by a Master and his Brethren of the fraternity of nine orders of Angells in he County Middlesex Defendant plead no such corporation by this name in this County and if it be not found not wrong he shall not have them both for the first Plea is in Barr and shall not have Barr and generall Issue 22 Ed. 4 fol. 34. Assise of Lands in Woxbridge the Tenant pleads that they are in Collam and not in Woxbridge and if it be not found no wrong and he hath 11 H. 4. fol. 2. b. It is said that in an Assise the Tenant or his Bailiff may plead tewnty severall matters in abatement or to an Assise and conclude if it be not found c. and is good 1 Ed. 4. fol. 4. and 8 H. 6. fol. 9. Where the Assise shall be awarded at large that is to say in point of Assise that is to say to inquire of Seisin and Disseisin and where in Right of Dammages and where not ASsise the Tenant pleads in abatement that the Plaintiff hath received the Land of him hanging the Assise and that he hath let to him for yeares again and the Plaintiff saith that he hath continued his Estate which he had by Disseisin without that that any Estate present of him he take and the Assise was charged upon the point and over upon the Seisin and Disseisin 10 book of Assises 24. If the Tenant plead in Barr and the Plaintiff makes title and the Tenant doth not traverse that the Assise shall be awarded at large 45 Ed. 3. fol. 24. Where there is a good Barr pleaded and an outing is confessed and the Barr is traversed or if the Plaintiff make Title and that is found for the Plaintiff or if there be an ill Barr pleaded that the Plaintiff need not answer but say come the Assise upon the Title and it is found for the Plaintif in all these cases the Plaintif shall have judgment without inquiring of Seisin and Disseisin 6 H. 7. fol. 2. Where the Plaintiff makes Title at large without answering to the Barr and the Tenant do not traverse this Title he shall not answer to that as that confessed and avoided or without saying let the Assise come upon the Title but let the Assise run without any thing saying to the Title there the Assise shall be taken at large and not upon the Title as in the Assise the Plaintif makes Title at large and in the end saith and this he is ready to aver by Assise and the foresaid tenant likewise the Assise shall be taken at large the reason
condition for default of payment to re-enter and after I grant the Reversion and the first tenant attorns this is not good for he hath nothing at the time of the Grant of the Reversion 8 H. 5. fol. 10. A man lets his Mannor for life and after grants the Reversion of that to another if the tenant for life attorne it is good and all the services of all the Free-holders of the Mannour shall passe without other attornement 21 Ed. 3. fol. 34. Payment of Rent is good attornement 49 Ed. 3. fol. 15. Payment of Rent in name of Seisin is agreement and Seisin 40 Ed. 3. fol. 34. Where they are compellable to attorne and where not and what Tenants are compellable to attorne and what not WHere a Reversion or a Mannour is granted unlesse it be by Fine there lies no Quid juris clamat to compell the tenant to attorne but upon a Grant by Fine and not upon a Grant of Reversion by Deed Nat. brevium fol. 170. If a man alien his Mannour he need not that the tenants at will attorne and the same seems of tenants by Copy of Court-roll Br. Tit. 44. Littleton fol. 125. By Seisin by the hands of the tenant at will the Lord by that cannot avow 8 H. 6. fol. 65. Tenant for life grants his estate to J.S. upon condition and after the reversion is granted by fine and the first Tenant for life attorns it is not good and he is not compellable to attorn but J.S. 8. H. 5. fol. 10. If I let for life and after grant the reversion by fine and after Tenant for life grants over his estate to J.S. yet after attorns it is good for he was compellable to attorn and not J.S. 18. Ed. 4. f. 10. and 21 H. 6. fol. 61. If Tenant in Dower grant over her estate to J.S. and after the reversion is granted by fine she is compellable to attorn and not J.S. 10. H. 4. fol. 10.1 H. 4. fol. 18. the same If Tenant by the Curtesie grant over his estate and after the reversion is granted by fine Tenant by the Curtesie is compellable to attorn 18. Ed. 3. fol. 3. He which was Tenant day of the fine levyed though he hath granted over his estate is compellable to attorn 18. Ed. 4. fol. 10. Also 18. H. 6. fol. 25 and 21. H. 6. fol. 6. the same After a fine ingrossed and that delivered the Tenant is not compellable to attorn for a Quid juris clamat lieth against him Fitzh fol. 147. and 11. Ed. 3. Statham If I give lands in tail reserving rent and I grant that rent by fine the Tenant shall be charged to attorn otherwise it is if I grant the reversion for there he is not compellable to attorn 5. H. 5. Statham Where any person is not cempellable to attorn and yet attorns and their attornement good and where not TEnant after possibility of issue extinct is not compellable to attorn and yet if he attorn it is good 43 Ed. 3. fol. 15.46 Ed. 3. fol. 13. If Tenant in tail attorn it is good and yet he is not compellable to attorn 3. Ed. 4. fol. 11. If Donor grant the reversion of Tenant in tail to another in fee if the Donee attorn gratis it is good and yet he is not compellable 12. Ed. 4. fol. 3. If a Lordship or Mannor be granted by fine and after the Tenant which hold of that makes a feoffment or is disseised if the feoffâ—e or disseisor attorn it is good and yet they are not compellable to attorn 18. Ed. 4. fol. 10. If a man lets for 10 years and the same lessee lets for four years attornement of the second lessee is good and yet he is not compellable to attorn and clear is attornement of the first for he ought to attorn 28. H. 8. tit feoffments 68. If I let for life and grant the reversion by fine and after the grant and before attornement the Tenant for life lets over his estate to J.S. and he attorn gratis it is good and yet he is not compellable to attorne 21 H. 6. f. 54. and 20. Ed. 3. Brook Tit. 24. Fine is levied of a Lordship and before attornement the Tenant makes a feoffment and after the feoffee attorns this is good and yet he was not compellable to attorn but his feoffor was compellable 18. Ed. 4. fol. 10. Now let us see that the grantee by fine without attornement cannot have action nor avow for rent which is in lieu of action nor have wast but may have all other things as entry for forfeiture and have escheat and things in seisin and take and have aid WHere a reversion is granted by fine the right passeth and for that Tenant for life shall have aid though he make no attornement 12 E. 4. f. 3.37 H. 6 fol. 5. the same 35. H. 6. fol. 5. Where a Mannor is granted by fine and Tenants do not attorn the Lord cannot distrain for rent but shall have escheat of them 10 H. 6. fol. 17.34 H. 6. fol. 7. the same 20. H. 6. fol. 7. The Lord grants his Lordship by fine the grantee shall have such things which lie in taking as ward but he cannot avow for rent Natura brevium fol. 172. Grantee by fine of a Lordship cannot distrain but shall have escheat and ward though there be no attornement But if Tenant for life alien in fee he may enter for forfeiture Tit. fol. 130. B. p. 131. A. Wast before attornement is dispunishable but the grantee may enter for forfeiture or seisure but shall not have wast before attornement 48 Ed. 3. fol. 15. and 34. H. 6. fol. 7. the same Note that one cannot have an action without attornement though the grant be by Fine Attorney in Court Baron THey that have tenements in divers Counties and fear to be impleaded in a County or in a Court Baron may make a generall Attorney to prosecute for them in all Pleas Westin 2. chap. 10. It is likewise provided that every free man which oweth suite to the County Court tything hundred or to the Court of his Lord freely may make his Attorney to follow his suits for him so it appears that a Copi-holder cannot so do but by assent of the Lord he may compound to pay a certainty yearly to release his suit and that which he holdeth he may freely by the Statute and it seems that the making of an Attorney ought to be by writing sealed and not by word Merton chap. 10. A Writ of making an Attorney or receiving lieth in Court Baron to make the Attorney to make suit Fitzh 175. B. there lieth an Alias pluries and an attachment if he be not allowed but Copi-holder shall not have that writ Fitgh 156. D. One may make an Attorney to make suit personall which is in a hundred or other Court Baron but for suit Reall at the Leet or turn of the Sheriff he shall not make that by an Attorney Fitzherbart 25. C. What
9 H. 7. fol. 12. Recovery in the common Bench of Lands in the Countries of Lancaster Durham or Chester is there before not a Judge otherwise it is there of recovery of Lands in the five Ports 22 Ed. 3. fol. 30. Formedon in the Kings Bench and an Appeale in the common Bench recovery there in these are void see 7 H. 4. fol. 3. and 8 Booke of Ass 32. Glocester chap. 8. It is provided that the Sheriffs shall plead in Counties the Pleas of trespasse also as they were wont to be pleaded c. 13 H. 7. fol. 20. Waste to plead in that is not good for that that Land shall be recovered and so in an Eiectione firme and so it is in a Collegendum they shall not be sued here and by Fitzh 220. H. Plaintiff shall recover his tearm and dammages Littleton fol. 60. If there be two Tenants in common for years and one put the other out of possession he shall have an Eiectione firme of his half for that it is to recover a real Chattel So it seems that shal not be sued here nor an ejectment of Ward which is in the realty Fitzh 220. H. Processe of outlawrie lies in an Eiectione firme and yet he shall recover his Land again unlesse it be expired and also his dammages Littleton 93. A Writ of wast is a mixt action so is an Assise of novel disseisin and a Quare Impedit and for that they shall not sue here Action upon the Statute of 8 H. 6. nor upon the Statute of R. 2. shall not be sued here for that that they are given by Statute but an action upon the case may be sued here if the dammages are under 40. s. Plaint in Precipe TRespasse in one tenement with a Toft adjoyning containing four Acres of land agreed that this word Tenement is uncertain 3. E. 4. tit 28. 11. H. 7. fol. 25. tenement is no tearm to demand a house or shop 45. Ed. 3. fol. 6. Precipe of land in D. it is a good Plea that there is no such town 41 Ed. 3. fol. 22. Precipe in D. and S. for that that D. is a hamlet of S. and he demands a thing twice the Writ shall abate 8 E. 4. f. 6. Precipe doth not lie in a hamlet but in a town or a place known out of a town but all Actions personall may be brought in hamlet or town or place known Dower Assise and Scire facias to have execution of a fine it may be brought in a hamlet 16. E. 3. Precipe of a peice of land without certainty is not good but of a peice of land containing so much is good see before 11. H. 4. fol. 38. 13. H. 4. Tit. 33. Dower of a Mill though after the witnesse of the Writ it was made a Toft it is good otherwise if it were made a tost before the witnesse of the Writ 14. H. 4. tit demand 5. the same 13. H. 6. fol. 8. Upon two Verges of the Land are built houses and they are meadow and pasture they are now to be demanded as they are not as before when they were verges Fitzh 192. 6. Ed. 2. tit 41. Precipe of passage over a water c. good 27. H. 8. fol. 14. Precipe is not good of a Common but of pasture for two beasts is good 4. Ed. 4. fol. 2. the same 22. Ed. 4. fol. 13. by Jenney A man shall have a Precipe quod reddat of a house and garden but he shall not have a Precipe of a garden alone For that That Plaints shall be made for Copi-hold in nature of Precipe let us see of what and how plaint of Precipe shall be made PRecipe may be of a chamber and yet foundation may perish for that it is not in perpetuity 5. H. 7. fol. 9. contrary H. 6. 11 H. 7. fol. 24. Trespasse may be brought of trespasse in a hamlet and Precipe shall be brought of land in a town and not in hamlet 16 H. 7. fol. 7. Assise doth not lie of a Rectory Seek if an Ejectione firme lyeth of that 9. H. 7. fol. 21. Precipe of lands in D. by Bryan over D. and nether D. is good in abatement 7. H. 4. fol. 9. Wast in D. it is a good plea in abatement that D. is neither town nor hamlet 11. H. 4. fol. 38. Precipe that he should restore a certain portion of land is good by Hank and Hill 6. Ed. 3. tit Demand 41. precipe of 8 foot of land in length and 6 in bredth and good 13. Ed. 3. tit 32. 33. Precipe of an Oxgange of land is good Contrary of an Oxgange of marsh for that cannot be gained tit demand 33. 36. 40 Assis 9. Precipe shall be brought in a town and not in a hamlet 34. H. 9. fol. 1. the same 34. H. 6. fol. 20. Precipe shall be in a town or of a Mannor which is a place known out of a town and not in a Hamlet But an Assise in a Hamlet is good and also in Dower Who hath most Right and Right ought to be sued there LIttleton fol. 91. If a man be disseised by an Infant the which alieneth in fee and the Alienee dies seised and his heir enter the Infant within age he may have a Dum fuit infra aetatem or a Writ of Right or Entry at his election for he hath more right then the heir of the Alienee But if the Disseisee release to the heir of the Alienee if now he bring a Writ of Right the issue shall be upon the meer right and shall be fonnd for the heir for now he hath more right by the release of the disseisee Littleton fol. 93. If a disseisor die seised and his heir in by discent if the disseisee enter and the heir of the disseisor brings an assise he ought to recover But if he brings a Writ of Right the issue shall be upon the meer right and there the heir shall be barred for the disseisee hath more right Right Patent is to be directed to the Lord of whom the land is held unlesse it be held of the King or Queen and it is as a Commission to the Lord that he shall do Right And it may be removed by a Recordare by the Tenant with cause and by a Pone by the demandant without cause and after that it be removed in County it may be removed by the demandant by a Tolt Fitzh fol. B. and Britton fol. 275. where the Tenant puts him upon the grand Assise it shall be removed Fitzh fol. 1. F. Where Judgement final shall be and where not IN a Writ of Right Judgement final shall be given but after the mise joyned and upon every recovery upon departure in despight of the Court Judgement final shall be As in Right against a Prior which voucheth common Cryer which enâ—reth into the Warranty and the demandant Imparles and at the day the Vouchee departs in despight of the Court and upon this Judgement final given
Court of copy-hold he doth it as Judge and is allowed Judge by the Lord. The same Law is if the Steward which is out-Lawed in a personall action or excommunicated take a surrender out of the Court and at the next Court enter it it is witnessed by the Steward and such a surrender is made and admits him to whose use the surrender was made in full Court though it was not found by the Homage yet this surrender is good If a Judge or a Justice be out of his Wits yet the Fines Judgments and other records which were before him shall be good but contrary the gift of an Office or such like by him for that is a matter indeed and the others are matters of Record for a matter in deed may be avoyded by being out of his Wits contrary of matter of Record 1 Ma. Tit. whilest he was not in his Wits 7. The same Law is if the under Steward takes a surrender out of the Court and at the next Court makes his entry of it at this Court it is witnessed that J. D. surrendred and in full Court he to whose use the surrender is made is admitted this is a good surrender though it be not also it is found by the Homage for when he holds Court he is a Judge between the Lord and the copy-holders and yet 2 Ed. 6. Br. Court-Baron 22. and copy-hold the 26. is if the under Steward holds a Court-Baron and in full Court grants copy-hold without the authority of the Lord or high steward this is good contrary Law where it is done out of the Court for it seems if the under Steward grants copy-holds it is intended that if he admits any out of the Court without authority it is not good for it is the Lord granted by his Steward and not that the Steward granted for he cannot grant And also the high Steward may admit out of the Court by speciall usage and custome within the Mannor used for one which holds by copy of Court roll ought to have his Estate entred in the Court held and his admittance to be entred in the Court and for that if the under Steward or the high Steward which hath no Patent as above take surrender out of the Court and present that in Court and the Tenant be in the Court admitted it is good for it is the Lord by his Steward hath admitted and the admittance makes him a copy-holder and the Entry of that in Court makes him Tenant by copy of Court roll for copy-holder is he which holdeth by copy of Court roll so where one admitted in Court and the Lord allowes a Steward is good If a copy-holder of an Estate in fee according to the custome of the Mannour by license of his Lord let for twenty yeares rendring forty shillings yearly he may have an action of Debt in the common place for this Rent or as it seems he may distraine and avow and yet the avowrie is in the nature of an action reall and it seems no doubt if the Rent be reserved by Deed Indent but that he may distraine and avow and yet if he to whose use before the Statute of 27 H. 8. lets by Indenture for yeares rendring Rent he to whose use shall have Debt for that Rent but he cannot avow and if the Lessee in this case make waste he to whose use shall not have an action of wast 26 H. 8. f. 8. The same Law is where a copy-holder by the custome of the Mannour is not punishable for waste by license of the Lord makes a Lease for thirty yeares and the Lessee makes waste the copy-holder shall not have a Writ of waste but shall sue in the Lords Court to punish this waste by plaint in nature of an action upon the case If a coppy-holder of an Estate taile by license of his Lord let for twenty yeares rendring the ancient Rent and dies the Issue in taile may enter and defeat the Lessee but if the Tenant in taile of coppy-hold let for forty years by the Lords license and after the Lease makes a forfeiture of his coppy-hold and the Lord seises it and grants that over again by copy to the Tenant in taile and his Heires or to J. S. and his Heires it seems there the Issue of the Lessor nor J. S. nor the Lord cannot enter and defeat this lease The same Law is if a coppy-holder of an Estate taile lets for forty yeares by the Lords license and dies and his Issue surrenders to J. S. and his Heires this Issue nor J. S. cannot enter and defeat this Lease To this Court came T. R. and did demand license of the Lord to demise all and singular his customary Lands and Tenements scituate lying and being within his Lordship to what person or persons the said T. R. pleased to the tearm and for the tearm of 21. yeares next following the date of this Court to which T. R. the Lord gave license in form aforesaid for the Fine often shillings paid in the Court at the view of the Lord of this Mannor And it is used that the Steward in ful Court licenses a copy-holder to lease a copy-hold for 20. or 40. years more or lesse at their pleasure in the absence of the Lord and this seems good for he is Judge in the Court and when he makes it and enters it in the Court roll the Lord cannot enter for forfeiture because of this lease for when the Steward hath entred it that at this Court T. R. craved license of the Lord to let c. to whom the Lord gave license c. the Lord is estopped to say the contrary but that he gave license the same Law is where a coppy-holder is admitted in Court and is entred in the roll to whom the Lord by such a one his Steward granted him Seisin the Lord cannot afterwards gainsay this admittance and this is to be collected of the case aforesaid in 2 Ed. Brok. Court-Baron 22. If a man lets a Mannor for yeares in which are copy-holders and after a copy-holder dies the Termor of the Mannour grants the Land by copy for three lives this is good the same Law is if a Copy-holder of Inheritance surrender in the Court of the Termor of a Mannour to the use of one and his Heires it is good so that the Lord for the time being may take surrender in his Court but in the first case such a Termor of a Mannor cannot let a Copy-hold reserving lesse Rent then the ancient Rent but ought to reserve the ancient Rent or more 4. M. 1. But it seems if a Disseisor of a Mannour be and the Disseisor seises a Copy-hold by forfeiture or Escheate and grants that over by Copy to a stranger and the Disseisee enter in the Mannor this surrender shall not binde the Disseisee and yet if a Copy-holder of Inheritance furrender in the Court of the Disseisor to the use of J. S. and his Heires this is a good
furrender and shall not be avoided by the Disseisees nor otherwise by him which surrender nor by his Heire In pleading of a copy is that the Lord by such a one his Steward did demise and not that the Lord did demise and also that a Woman be alone and privately examined by the Steward and it behoveth in pleading to say by such a Steward and name the name of the Steward and for that it is good order to expresse in the copy and the Court-roll that to this Court came J. S. and Alice his Wife she alone and privately being examined by J. K. the Steward there and to set the name of the Steward to every copy and also to every Court-roll for pleading in divers cases 〈◊〉 the Lord by J. K. his Steward granted him Seisin by a Rod c. 8 H. 5. fol. 4. and 10 Ed. 4. f. 6. Limitation THE Statute of 32 H. 8. chap. 2. extends to copy-holds for the Statute is that none shall make prescription Title nor claim c. above forty yeares c. and that doth a copy-holder and for that is within the Statute 6 Ed 6. Brook Limitation 2. 38 H. 8. chap. 1. Copy-holder which is Tenant in common is not compellable by this Statute to make partition for the Statute gives remedy for one Tenant in common against another by a Writ of making partition and it seems that a Copy-holder is not within the Statute of 27 H. 8. chap. 10. of Joynture of Women for that Statute bars Women which have Joyntures before Marriage to have Dower that is of Lands given in Dower by the Law and not by custome Where a copy-holder by the custome may surrender his Land out of the Court into the hands of the Lord by the hands of two copy-holders or one to the use of J.S. and a copy-holder so makes surrender to two and one dies or both dye before the next Court and yet Homage findes it this is good surrender and J. S. shall be admitted Tenant by copy of Lands of the nature of Gavell-kinde hath Issue two Sons his eldest Son hath Issue a Son and dies seised this Land shall descend to the youngest Son and to his Nephew the same Law is if the Son have Issue a Daughter and dies seised this Daughter and the youngest Son shall have this Land by discent and yet the Statute of Prerog Regis chap. 16. is that Women shall not share with Men. Tenant by copy surrenders to the use of one for life the remainder to the use of one most neere in blood and hath Issue two Sons the eldest hath Issue and dies the Tenant for life dies the youngest Brother shal have the Land and not the Issue of the eldest Brother for the youngest Brother is more neere of blood to his Father then is the â—on of his eldest Son by wich 30 Ass 47. but the youngest Son is not next Heire Where the copy-hold is of the nature of Borrough English and this copy-holder having three Sons surrenders this to the use of his youngest Son in taile the remainder to the use of the Heires of the Body of the Father ingendred and for default of such Issue to the use of the right Heirs of the Father and the youngest Son dies without Issue of his Body it is said that the eldest Brother shall have this as Purchasor Two Joyntenants of one copy-hold are and one surrenders his part to his companion for life this is a severance of the Joynture Lit f. 56. Where the custome of a Mannour is that the youngest Son shall inherit by discent the copy-hold and A. being a Villaine purchase copy-hold there and the Lord seises them and grants them out of his hands by copy the yâ—â—ngest Son of the Grantee shall have this by discent If the tenant by copy of Court-roll hath paid to his Lord more Rent then he ought and the Lord of that Surplusage of Rent was seised by the hands of his tenant yet the tenant shall avoid that in Avowry for he is but tenant at will by the course of the common Law otherwise it is of very tenant of charter land Where a copy-holder in Fee surrenders into the hands of the Lord to the use of J. S. without more all is in the hands of the Lord and the Steward admits J. S. to have and to hold to him and his heirs yet J. S. hath an Estate in Fee and yet the admittance is but allowance of J. S. to be tenant of such Estate which is surrendred but the use is in most courts to enter that it was surrendred to the use of J. S. without more and the Steward enters that the Lord hath granted to him Seisin to have to him and his heirs and taken good but it is better when one surrenders into the hands of the Lord to say and enter to the use and behoof of J. S. for life or to the use and behoof of J. S. and his heirs so that by to the use and behoof the Estate is limited that J. S. shall have it and that makes the admittance accordingly to be good without doubt and yet the other is good for by the surrender all the interest is in the Lord. If the Homagers gives false Verdict in the court of copy-hold the party shall not be bound but he shall traverse that but if such a Verdict be found for the Lord though the Verdict be false yet the party cannot traverse that there but is put to his Petition touching his land or to sue in the Chancery for if the Verdict finde false that waste was made in the Tenements of the Grand-father the Son of the Father shall loose after his land for that it is a forfeiture which runs with the land but seek for it is made by the person of the Father and the Son hath no remedy if the Verdict be true but if the Verdict be false then his remedy is by Petition and by no other remedy in this Court If Tenant by copy makes a Lease for years by license of the Lord and after in the same Court the Tenant will release to his Lessee by such words to remise and release such release seems void for that that it ought to be a Surrender into the hands of the Lord c. as he hath surrendred and released c. Use may be of Copy-holds as well as of Free-hold but the Statute of 27 H. 8. for uniting the possession to the use doth not extend to such tenures Nor he to whose use cannot forfeit the Land by cutting Trees if it were not by the consent and commandement of the Copy-holder If the Lord let severall Copies for one intire Rent and service and the Tenant makes waste in any parcell of them and that be presented in his Court he shall seise all the Copy as it was intirely let A Rent of a Copy-holder may be apportioned as well as another Rent Tenant by copy of Court-Roll in the Court sold
and bargained his copy-hold to J. S. and his heires J. S. was admitted to have to him and his heires according to the custome this is not good for that it wants this word Surrendred Tenant in taile by copy the remainder over to I. S. in Fee surrender his Lands into the hands of two Tenants to the use of I.N. and his heirs and dyes before that be presented and after that was presented and I. N. admitted this is not good but contrary Law if Tenant in Fee had made that surrender and dyed as above Seek By the custome of a Mannor some Lands are copy-hold for three lives and some to them and their heires and the Lord grants by copy that which was for three lives after those three lives ended to one and his heires this is not good but the custome of the Mannor is good though there be severall copy-holders of severall customes The Lord of a Mannor within which are copy-holders and the Lord grants over the Demesnes to I. S. in Fee so that he hath no Court yet it is said that the copy-holders may surrender as before they did And that the Lord by his Grant cannot destroy their surrender and Copies The Lord may avow for Rent of his Copy-holder before admittance where it descends to a copy-holder but he shall not be sworn of the Homage before admittance If the custome of copy-hold be that the Lord may grant for three lives if all dye and then when the land is come into the hands of the Lord he is bound in a Statute and after he grants that over according to the custome this Land shall not be extended upon the Statute And if a copy-holder be bound in a Statute his copy-hold land shall not be extended and if the Lord be bound in a Statute the land of the copy-holder shall not be extended If an Infant be a Lord and admits a copy-holder to him and to his Heires this is good and he cannot avoid that by his Infancy for he is but an instrument to convey that according to the custome and departs with no Estate If a copy-holder will exchange this is not good unlesse there be a surrender and admittance If a Villaine purchase copy-hold and the Lord of the Villaine enter he shall not have possession of the copy-hold till he be admitted Copy-hold shall not be forfeit by attainder of Heresie for â—he blood is not corrupted for the Statute of 5 H. 5. is not to be intended of copy-hold Lands for it is said by the Statute that he shall forfeit his Lands Tenements and Hereditaments and that the Lord of whom the Lands are held shall have the Lands after the King hath yeare day and waste and this is intended of free-hold and not of Copy-hold but if a Copy-holder be attaint of Treason or Felony as it is aforesaid there the Lord shall have the Land for that that the blood is corrupt and so there is none to inherit but by attainder in Heresie is no corruption of blood If a copy-hold be furrendred to my use simply and the Lord admit me upon condition this condition is void for the Lord gives nothing but is an instrument to convey that according to the surrender so if it be surrendred to me for life and the Lord admits me to have to me and my Heires it is not good If a copy-holder of a Mannour takes a Lease for yeares of this Mannour seek if his copy-hold be extinct But if a copy-holder makes a Lease of his copy-hold to his Lord this was held no extinguishment of his copy but a suspension But if the Lord by Indenture make a lease for yeares of copy-hold land to his copy-holder of that the copy-hold is there held to be extinct so if the Lord make a feoffment to his copy-holder of all his Mannour upon condition and after enter for the condition the copy-hold is extinct and if a copy-holder take a lease for years of the Mannour with a remainder over by Indenture this extincts the Copy-hold If a Disseisor be of a Mannor whereof there are copy-holders for three lives and he grant copies for three lives and after the Disseisee re-enter this shall avoid the grant of the copies by the Disseisor But if the Lord of that Mannor make a feoffment in fee upon condition and the Feoffee grants copies for three lives and after the Feoffor enter for the condition broken he cannot avoid the copies If Tenant in taile or in fee of a Mannour will grant Lands by copy which were no copy-hold Lands before and that hath contiuned by divers admittances after as copy-hold and was never interrupted at any time by the Issue in taile but hath been allowed for him so that that hath continued by sixty or eighty yeares this is very good and shall not be ever after avoided but if it may be shewed to have been an Interruptation then it is otherwise 15 Eliz. If a copy-holder surrender to the use of his Wife for life the remainder to him and his Heires and after the Husband surrender to J. D. and his Heires and dies the Wife may enter by Dyer and Mounson Justices and shall hold for life but the Heires of the Husband are bound otherwise it is if the remainder were to the right Heires of the Husband for they are purchasors of this remainder and may enter after the death of the Wife A Copy-holder hath a Son and a Daughter by one Belly and a Son by another Belly and surrenders to the use of his Wife for yeares and conveyes after her death the remainder to his Son of the first venter his Heires and Assignes and dies the Tenant for years is admitted the remainder in form aforesaid the Son of the first Belly dies without Issue before admittance and during the Tearme and Dyer saith that the possession of the Wife of the Termor or of the Guardion is a sufficient possession to make a Brothers possession 16 Eliz. Mounson saith Copy-holders are within all statutes which speake of Tenants for if a copy-holder had not been excepetd in the Stat of dissolution of Monastries the King had had them which Geffrey and Bendlowes granted The Husband by surrender discontinues the copy-hold which he hath in right of his Wife the Wife is put to her Cui in vita and she is not aided by the Statute of 32 H. 8. 24 Eliz. A copy-holder surrenders to the use of his last will and deviseth that his Executors shall sell the Land to J. S. and makes two Executors and dies and one Executor takes a Wife and surrenders to the use of J. S. the Devisee and was said that by the admittance of J. S. that he was copy-holder though that the surrender be made by both the Executors Taile of Copy-hold EState taile may be of a copy-hold and Formedon in descender may lye of that that is to say may sue plaint and make protestation in nature of a Formedon in discender at the
common Law and good by all the Justices for though a Formedon in discender were not given but by Starute yet this Writ now lieth at the common Law and it shall be intended that that hath been the custome time out of minde c. See Littleton fol. 14. Plaint in nature of Formedon in discender and also Littleton saith that copy-holder is where within the Mannour the Tenants within the same Mannour have used time out of minde to have Lands or Tenements to them and to their Heires in Fee simple or see Taile and though that the Statute of Westminster 2 chap. 1. is That the will of the giver in writing should be observed so that copy-hold is not within the Statute yet in these Mannors within which time out of minde they have been used to have Estates in taile in this Mannor and not in others are Estates taile of copy-holds 15. H. 8. tit 24. And now it is common usage to cut of the Taile of copy-holdes within such Mannors where there is an Estate taile of copy-hold by common recovery in the nature of a Writ of entry in the Post which after followes and also by recovery in nature of a Writ of Right and joyne the Mise as followes afterwards and another way is to cut of the intaile and that is by presentment that the copy-holder hath made a Lease by Indenture for divers years or other forfeiture and then the Lord to seise for that and to surrender to the Purchasor and these two waies are allowed for good It is said that five grounds of Law in England is and hath been in diverse particuler customes the which customes though they are against the generall customes of Law yet they are in effect and are taken for Law and so I intend that this custome of copy-hold Estate for that that it hath continuance by prescription is good by the Law that the copy-holder hath an Estate by custome and Law also and that of that may be an Estate taile where that hath been used by prescription Doctor and Student fol. 20. Copy-holders COpy-hold Lands were before the Conquest and it was called Folk-Land in the time of the Saxons and the Charter-lands are called Bock-land And also Bracton Book 4. allows of Copy-hold land and sayes That doing their Services and customes Their Lords cannot put them out And so Copy-hold Estates have in time of every King since the Conquest by all the Justices been allowed so that for the antiquity and their continuall alowance from time to time the Estates of Copy-holds are affirmed in Law yet Fitzh fol. 12. b. saith That Copy-holders in ancient times were called Tenants in Villainage or base tenure But this doth not make them Villaines for Littleton fol. 39. saith That some Free men hold their Tenements according to the custome of certaine Mannors by Villaine Services and yet they are not Villaines and though at the beginning of Copy-holds they had but a base Estate and at the will of their Lords yet when they have continued their Estates by Copy of time out of minde then doing their customes and services as Copy-holders ought to doe they ought to enjoy their copy-holds whether the Lord will or no and it appears by divers Statutes that copy-holds have been in reputation for by the Statute of 1 R. 3. chap. 4. 19 H. 7. chap. 13. Copy-holder which might expend by the year 26 s. 8. d. shall be accounted of the same sufficiency to be impannelled of a Jury as he which might expend 20. s. per annum of Free-hold land and by 2 Ed. 6. chap. 8. the interest of Copy-holders are preserved notwithstanding they are not found by Office after the death of the Kings Tenant and by 13 Eliz. chap. 7. Lands of a Bankrupt as well copy-hold as free-hold shall be sold so it appears copy-hold Estates shall be regarded and those Demesnes which are in the hands of the Copy-holders are such Demesnes as the services which they do make a Mannor though the Lord have no other Demesnes in his own hands nor in his Farmors Bailiff or Servants for it is Demesnes having regard to the Lord for that that upon every Surrender the Lord hath medling and grants it over in his Court. And if you will admit that an Estate Tail by usage of time out of minde may be of Copy-hold within a Mannour where it hath been used by prescription and Plaints of Formedon have there been brought why will ye doubt but that it may be well cut off by common recovery in Plaint in nature of a Writ of Entry in the Post or at least in nature of a Writ of Right and Mise ioyned upon meer Right and after Default made by the Tenant and Judgement final given though that these Recoveries have not been used there by prescription for they are at the common Law and Plaints in nature of these Writs are to be sued there of copy-hold It is said that a Fine levied in ancient Demesne is of no worth for it is no Court of Record but it is said that common Recoveries may be sued there to cut off the Intail and good for that that the land shall be pleaded there by a Writ of Right close and not otherwise and copy-holder shall be impleaded in Court Baron of the Mannour by Plaint and not elsewhere And for that the Recoveries aforesaid to cut off the Intail of a copy-holder may be there though they were not there used before if there be Estates Tail there and if usage makes the Estate Tail and also usage makes the copy-holder to have an Estate of Inheritance by custome and is good 50. Book of Assises 9.47 Ed. 3.38 And though Littleton fol. 16. If Lord out his copy-holder he hath no other remedy but to sue to his Lord by Petition for he saith the Lord cannot break the custome which is reasonable but if such Lord will break the Custome it is no Reason to suffer such a Lord to be his own Judge and to compell a copy-holder to sue to him by Petition But for that that divers Lords are of an ill conscience that before were as I have heard for that divers grave Judges now hold that a tenant copy-holder may have Trespass against his Lord according to the opinion of Brian and Danby And this at this day seems reason for though at the beginning copy-holders had but Estate at the will of the Lord yet by the continuance of this Estate of time out of minde they have such Inheritance by the custome of the Mannour that the Lord doing his Services cannot out them and the prescription goes to the Land and not to the Lord nor to the occupation for that is copy-hold land which hath been let and demisable time out of minde c. If the Tenant by copy deny to do his Services the Lord may enter for forfeiture if it be presented by the Homage but if the Tenant by chance makes a Default at the Lords Court and
Tenant saith he hath improved leaving sufficient for the Plaintiffe If a man grant Land and Common the Grantor cannot improve against his Deed 12 H. 3. fol. 25. That hee cannot improve against a Deed 3 Ed. 2. tit 21. If the Tenant have Common for all manner of Beasts the Lord cannot improve notwithstanding I have heard the opinion of the Learned to the contrary 34. Assise 11. It was held that no man might improve in Feilds sowed where they have Common when the Corne is reaped and carryed and in time of Wreck for the Statute is in Wasts and not in Feilds And also it is held there that Cottager shall have Common but not a Cottager newly erected for he cannot prescribe 5 Book of Assise 2. Jurney to Lecester The Tenant shall not have Common to Land newly improved but to ancient Land hide and gaine 10 Ed. 2. tit 22. 5 Book of Ass 2. the same The Statute is as much as belongs to Tenements that seemes to extend as well to Common appurtenant as appendant But Master Stamford sayd in Grayes-Inne That improvement is onely against him that hath Common appendant and not against him which hath Common appurtenant without number Now let us see what is appendant and what appurtenant Common appurtenant is for all manner of Beasts and appendant is but to have common for Beasts commonable Natura brevium fol. 70. That appurtenant is with all manner of Beasts by prescription 9 Ed. 4. fol. 3. by Fairfax By Prisot Common appendant is to have common for Horses Beasts Kyne and Sheep which are commonable and which are most fit for the Ploughman and not for Geese Goats and Hogs 37 H. 6. fol. 34. If one hath a common of Estovers by Grant he cannot build another new House to have Estovers to that Fitzh fol. 180. h. Admeasurement lyes between Commoners which have common appendant to their Free-hold if one of them surcharge the common by putting in more Beasts then they ought to common Fitzh fol. 125. B. D. He which hath Common appurtenant to a certaine number or common by specialty to a certaine number shall be admeasured But he which hath common appurtenant without number or in grosse without number shall not be admeasured 26 H. 8. fol. 4. Common appendant cannot be aliened and severed but common appurtenant may 5 H. 7. fol. 7. B. and 9 Ed. 4. fol. 39. A. He which hath Common appendant cannot use that common with other Beasts but those which are rising and lying upon his Land 15 Ed 4. fol. 32. Termor cannot put any Beasts into the Common but those which hee hath to manure his Land or for his houshold and not for to sell 14 H. 6. fol. 6. A man grants Land and a Turbary this doth not make the Turbary appendant unlesse it were appendant from time out of minde 8 Book of Ass 9. Common is to be taken by the mouth of Beasts 31 H. 8. tit 151. Commoner hath no interest in the Land but to take that with the mouth of his Beasts and cannot have trespasse why he broke his Close against one which makes trespasse in the common but may distraine them doing damage 12 H. 8. fol. 2. There are foure manner of Commons that is to say Common appendant Common appurtenant Common in grosse and Common because of Neighbourhood Natura brevium fol. 69. Common appendant is to Land arable onely 26 H. 8. fol. 4. by Hales It seemes it may be appendant to a Mannor Land or Tenements Fitzh 139. L. It may be appendant by reason of a House Natura brevium fol. 70. Where one hath Common because of Neighbourhood in the Land of J. S. he cannot put in his Beasts in the waste of J.S. but in his owne Land which may goe if they will into the waste of J. S. 13. H. 7. fol. 13. c. Assise of Novell Disseisin lyeth of Common of pasture Turbary and Fishing where he hath that for life or in taile or in Fee and is disturbed that he cannot take his common and the Writ shall be hee disseised him of a common of pasture in D. and not disseised him of his Free-hold in D. as where it is of Land for there it is alwayes hee disseised him of his Free-hold Fitzherbart fol. 179. L. Common appendant a man cannot use with Beasts of a stranger unlesse hee keepe them to dung his Land but hee cannot take in other Beasts for Money which doe not manure his Land See 6 H. 7. fol. 14. Fitzherbart 180 B. If a man claime Common for Beasts without number there he may put in other Beasts of a strangers for Money in that Common otherwise it is in Chase or Forrest where the Lord hath Deer Fitzh 189. B. He that hath Common ought to use that with his owne Beasts or with Beasts which dung his Land or with Beasts allowed for their Milk and cannot take in any 22 Book of Ass 82. He which hath Common by specialty cannot take in Beasts but he that hath Common for Kine for their Milk or for Beasts to manure his Land for Sheep allowed to dung his Land for he hath right in them for the time 45 Ed. 3. fol. 26. A way appendant to a House shall not be made ingrosse but Common appurtenant and Advowson may 5 H. 7. fol. 7. Where the King grants Common to an Abbot and his Successors without number out of a Mannor and after he grants the Mannor to another and after the Abbey is dissolved it seems for that that it is Common without number the King shall not have it but if it were Common certaine the King shall have it 27 H. 8. fol. 20. Common appendant shall be used with his proper Beasts and not with others Beasts and the Defendant was admitted to prescribe for Common appendant 6. Hen. 7. fol. 14. He which hath Common appendant cannot use that but with his owne proper Beast or Beasts which dung his Land but he which hath Common for twenty Beasts by Grant or with Beasts without number he may use that Common with others Beasts 11 H. 6. fol. 22. Fitzh 180. B. the same A man need not prescribe in Common appendant but it sufficeth to say that he is seised of three Acres in D. and that he hath Common appendant c. 4 H. 6. fol. 13. He which justifies for Common appendant need not prescribe in that also 22 H. 6. fol. 10. Common appendant cannot be but by continuance of time out of memory c. 5 Book of Ass 2. Courts In what place a Court-Baron shall be held COurt-Baron by Brian shall be held in a place certain but I have heard that it may be kept in any place within the Mannor that the Tenants have notice to make their suit and it is good 8 H. 7. f. 4. A. and so it is 24 Ed. 3. that it need not be in a place certain and by Glanvile fol 19. It ought to be held in a place within the Mannor and
yet the Land shall be ancient Demesne as it was before By Knivet Fine levied in ancient Demesne is nothing worth for it is no Conrt of Record but common recoveries are used there to cut off an intaile 50 Ass 9. No Land may be pleaded there by right close and not else where How Land in ancient demesne is made frank Fee for a time and how for ever DUring the time that Lands in ancient Demesne is in the hands of the King it is Frank Fee but if the King grant that over to hold of the Mannor againe it is ancient Demesne againe 21 Book of Ass 13. If Recovery or Fine be in Common Bench of Land in ancient Demesne the Land is Frank fee till it be defeated by the Lord by Writ of Deceit and when that is defeat it is void to bind the parties 8 Ed. 4. fol. 6. See 3 H. 4. fol. 6. accordingly If the Tenant in ancient Demesne enfeoffe his Lord of the Mannour being common person and not King the Lordship is Frank see for ever 9 H. 6. fol. 24. B. 3 H. 4. fol. 16. the same Where the King gives Land of ancient Demesne to hold in Franke Almaigne that is Franke fee 6 H. 4. fol. 2. Where a Fine is in common Bench of Land in ancient Demesne is Frank fee so that after if a Recovery of that be in ancient Demesne it is void and before not a Judge 7 H. 4. fol. 3. B. 7 H. 4. fol. 29. the same If the King was once seised of Land in ancient Demesne and lett that for life it is Frank fee for the time 11 H. 4 fol. 84. Where Land in ancient Demesne is forfeit to the King by attainder and the King grants that over to another and his heires now they are Frank fee for ever 13 H. 4. fol. 7. Where a Fine is levyed of Land in ancient Demesne in the Common Bench the Lord may defeat that by a Writ of Deceipt and yet if he to whom the Fine was c. hath a Release with confirmation of the party made after the Fine his Estate is good notwithstanding that the Fine be defeated Fitzh 98. a. The Lessor by his confirmation to his Tenant may make the Land in ancient Demesne Frank fee but if he confirme to hold by meaner services it is no Frank fee 30 Ed. 3. fol. 16. Where Land in ancient Demesne Escheats to the Lord for that that the Tenant dyes without heire generall or speciall are Frank fee for ever for he holds them now of the Lord Paramount 18 Ed. 3. fol. 19. If the Tenant in ancient Demesne answer the action in Precipe in the Common Bench yet it is no Frank fee before Judgement given 2 Ed. 4. fol. 26. The Lord by his confirmation may alter the tenure but not the estate of the Land where he confirmes to hold at the Common Law 49 Ed. 3. fol. 7. Fine at the common Law recovery or where he is in by the Kings Charter or by feoffment of the Lord these prove the Land frank Fee and not ancient Demesne Fitzh fol. 13. C. If the King be seised of Land in ancient Demesne this is Frank fee but if the King demise it to another the Land is ancient Demesne again 17 Ed. 3. fol. 52. A man recovers in ancient Demesne Lands which were at the common Law against a man by Verdict of a Jury and he against whom the recovery was brought an Assise upon that and awarded that he should recover Seisin 30 Ed. 1. Tit. Assise 379. Note the tenure and tryall of ancient demesne and who shall plead ancient demesne LAnds which are ancient Demesne are Soccage Fitzh fol. 11. Tenants in ancient Demesne are those which hold of the Mannors which were in the hands of Saint Edward the Confessor at the time that the Book of Doomsday was made but the Lands written in that Book to be in other mens hands are not ancient Demesne Fitz. 16. E. All the Lands which were in the seisin of Saint Edward the Confessor when the Book of Doomsday was made are called ancient Demesne and the Lands in other hands c. Frank fee Natura brevium fol. 14. If the Land be ancient Demesne or not shall be tryed by the Book of Doomsday 49 Ed. 3. fol. 22. In Monstraverunt Assise The Tenant pleads that the Land was ancient Demesne and it was tryed by Assise in the Book of Notting and also North. 8 Ed. 2. Statham fol. 20. Triall of ancient Demesne is by the book of Doomsday and by that it was certified that London was not ancient Demesne 7 H. 6. fol. 34. In Assise of Mortdancester ancient Demesne was tried by the Country 8 Book Ass 35. 9 Book Ass 9. the same In Assise the tenant saith that it was parcell of the Mannor of B. which is ancient Demesne and the other saith that it is not parcell and upon this at issue and that was tryed by Assise 12 Book of Assises 18.22 Book of Assises 45. the same Assise none shall plead ancient Demesne but he which is Tenant and not the Disseiâ—or 21 Book of Ass 2.41 Ed. 3 tit 22. the same If Land be in the book of Doomsday written under the Title Land of the Bishop and not Land of the King yet though it be in the book of Doomsday it is no ancient Demesne 40 Ed. 3. fol. 45. Form of Pleadings that the Land is ancient Demesne and how he shall sue for ancient Demesne and for Copy-hold in ancient Demesne BY Prisot he which pleads ancient Demesne shall say that the Land is held of the Mannor of D. which is ancient Demesne and pleadable by a petty VVrit of Right close from time out of minde and demand judgment if the Court will acknowledge 36 H. 6. fol. 18. 3. H. 6. fol. 48. But see by Thirne and granted that frank Fee may be held of a Mannor of ancient Demesne 11 H. 4. fol. 85. Precipe the Tenant saith that the Land was parcell of the Mannour of D. which is ancient Demesne and pleadable by petty VVrit of right close time out of minde and demand judgment if the Court will acknowledge and it is no Plea for the Demandant to say to that that it is frank fee for that that it doth not gainsay but that the Mannor is ancient Demesne and that this is parcell but he ought to plead specially how it is become frank fee 41 Ed. 3. f. 22.12 Book of Ass 16.22 Book of Ass 45. Right close lieth alwaies between Plow-holders and no Plow-holder may implead another Plow-holder of Lands in ancient Demesne unlesse by this VVrit and shall make in this his protestation to sue in nature of what VVrit he will as his case is Nat. Brevium fol. 11. They call Tenants in ancient Demesne Sokemaines Britton fol. 105. Copy-holder of base Tenure shall not have a Right close but ought to sue by Bill in the Lords Court but copy-holder in ancient Demesne of free-tenure
number as the Steward pleaseth and to be at his choise how many shall be sworn of a Jury and how many shall be impannelled is inconvenient where there are more within the Mannor to be impannelled and 40 Ed. 3. f. 1. Where conusance is granted to one Court to have conusance if this Court faile that it cannot make Law and Right conusance shall not be in this case allowed and for that that at the Exigent Bailiffs demand conusance and shall not have it for they cannot pronounce Out-lawrie upon that and in Quare impedit they shall not have conusance for they cannot award a Writ to the Bishop 42 Ed. 3. f. 3. Where one was out-Lawed conusance was demanded and could not have it for that he could not award Capias utlegatum there and so it seems if there be not twelve to try the Issue they faile of power to minister Law and to do Justice and Copy-holder may sue by Bill in Chancery where there are not twelve homagers within the Mannor or in action of of trespasse at the common Law and the party ought to be admitted in the Lords Court to the intent to bring trespasse at the common Law and there Law is more truly administred then in Court-Barons and also if any sue in Court-Baron for Copy-hold he shall make his protestation to sue in nature of his Writ at common Law and the processe and proceedings shall be according to the course of the common Law and they shall joyne Issue according to the course of the common Law and there Venire facias is that they shall cause to come twelve free and lawfull men according to the course of the common Law and for that it seems that triall of Issues there between parties shall be by twelve and not by lesse And by Fortescue fol. 54. 57. sworn together in the form aforesaid twelve good and lawfull men so it appeares by him that every Issue in every Court shall be tryed by twelve and not by lesse Enquest shall be by custome of the Realme between party and party in a Court of Record by twelve at the common Law Doctor and Student f. 14. Verdict of 11 shall not be taken 41 Ass 11.41 Ed. 3. f. 31. 29. Ed. 3. f. 33. accordingly Every Inquisition taken in the Sheriffs Turn shall be by twelve and the same Law is said there in a Leet by the Equity of the Statute of 6 H. 4. fol. 3. Notwithstanding seek if less then twelve may try Issue between parties in the Court of a Lord of copy-hold or not where there are not twelve within the Mannor for it is held by some that it shall be tryed by lesse and I have seen a triall by three or foure But I intend it is hard and specially where there are twelve and more copy-holders within the Mannor and also it appeares in the Register that an Action was removed out of the Court-Baron because there were but foure Suitors and so I conclude Issue for Copy-holders shall not be tryed by lesse then by twelve 6 H. 4. f. 1. 18 H. 4. fol. 2 Charter of exemption that he shall not be Impannelled shall not be allowed unlesse a full Jury appeare 39 Ed. 3. Tit. 23 A Writ of not putting in Assises shall not be allowed in an Attaint nor in a Writ of right 21 Ed. 4. f. 53. If a man have a Charter of Exemption and that shewed to the Sheriff and he notwithstanding impannells him trespasse upon the case lies against him Fitzh 205. A. A Writ not to be put in Assises and Juries is founded upon the Statute of Westm 2. chap. 39 and upon Articuli super Chartas which Statutes declare that persons shall not be impannelled that is who is sick lame and above 60. yeares old Fitzh 266. Clerkes which have Lands by discent or by purchase shall be impannelled 5 Ed. 3. f. 26. Presentment in Leet by foure and not by twelve that one had dewelt within the Leet a yeare and a day not sworn was traversed but it seems if he were presented by twelve it shall not be traversed but if it were false he shall have recovery by Writ of false presentment seek of this Writ 45 Ed. 3. f. 26. Presentment in Leet that one hath dwelt there by a yeare and day and not sworn shall be by twelve otherwise it is traversable 3 H. 7.4 If there be not twelve to be sworn the Steward may sweare a stranger which comes within the view to be sworn in Leet The Lord may hold Court-Baron though there are but two Tenants 23 H. 8. and 33 H. 8. and then two may present Articles for the Lord but where Issue is between party and party it shall be by twelve for the Venire facias is twelve free and lawfull men which is triall by common Law and that seems shall be the triall of Copy-hold Land yet Fitzh 41. in right shall be great Assise that is 24 of a Jury and attaint shall be 24. but if in Court-Baron the Mise be ioyned to be tryed by great Assise there shall go a Prohibition c. Fitzherbart 107. C. Enquest of office as in a Writ to inquire of waste it may be inquired by six or eight 2 H. 4. f. 7. 3 H. 6. f. 29. the same 13 H. 8. f. 13. Where a Lord of Parliament is arraigned there shall be eighteen or twenty Lords of the Enquest and they shall not be sworn 20 H. 7. fol. 3. Jurors may drink after their Charge and before their agreement at their own proper charges it seems their Verdict is good for there doth not appear any corruption in them nor that they drank for any corruption for all drank together and every one was in as good plight to resist as others are c. 19 Ed. 4. f. 6. After the Jury sworn and before they enter into a House and before their departure from the Barr they drink by license of the Justices and by the consent of the parties and their Verdict good 10 H. 4. f. 10 After the Jury was sworn the Plaintiff delivered a writing to a Juror without the Court and he shewed that to his companions in the House and the Jury gave Verdict and he shall not have Judgment 11 H. 4. fol. 17. the same Plowd Com. fol. 519. the Jury gave a speciall Verdict and a Box of Barbaryes conserved Sugar Candy and Licorish was found with one J.M. one of the Jury after that he was departed from the Barr J. M. was committed to the Fleet till he had paid a Fine and the Verdict good see 8 Ass 35. and 20 H. 6. f. 26. Tryall IN Court-Baron the triall is there by waging Law but by the consent of the parties it may be by the Country 33 H. 8. B. Tit. Triall 143. 3. Ed. 6. Tit. Pannell 2. Where the Jury is of two tongues for that that the one is an Alien and the other an English man there shall be six Denizens sworn and
have a Scire facias and upon that an Elegit or a Fieri facias Upon a Recognizance there shall go no Capias but it is used otherwise at this day that is Scire facias returnable into the Chancery and they use now to award a Capias Fieri facias or Elegit 48 Ed. 3. fol. 14. Statute Merchant hath two Seals and one is the Seale of the paray and for that upon that he may have Debt to have execution but Statute staple onely the Seale of the party 15 H. 7. fol. 15. A man may sue Debt upon the Statute Merchant Staple or Recognizance See Statute Merchant Fitzh 122. D. and fol. 77. the same Note that there are foure manner of Executions and note Covin to defeat them void THere are foure manner of Executions that is of body by Capias of Chattels by Fieri facias of Lands by Elegit and after the yeare after Judgement by action of Debt 11 H. 4. fol. 42. Debt upon Recovery shall not be within the yeare after Judgement but after the yeare 5 Ed. 4. fol. 1. If after Judgement one gives his Goods to one to defraud me of execution and notwithstanding takes the profit of them I shall have Execution of these Goods 22 Booke of Assises 72. 3 R. 2. the same and 50 Ed. 3. the same All Conveyances of Lands and Hereditaments Goods and Chattels Leases Rent Common or Profit or charge out of Land Judgment Execution Deeds by fraud or Covin to the intent to defraud Creditors and others of their just and lawfull Actions Suits Debts Accounts Damages Forfeitures Harriors and Releifs are voyd onely against the persons their Heires Successors Executors Administrators and Assignes and every of them whose Actions Suits Debts Accounts Damages Forfeitures Harriots and Releifs by such fraud shall be or may be hindred delayed or defrauded notwithstanding fained consideration expressing of use or any other matter or thing to the contrary 13 Elizabeth chap. 5. Debt against Executors they plead gift of all the goods of their Testator by Deed without that that they administred other Goods and the Plaintiffe averrs that the gift was made to defraud the Creditors 13 H. 4. fol. 9. See 16 Ed. 4. fol. 9. Issue was taken if the Goods were made away to defraud Execution or not 43 Ed. 3. fol. 3. Where Debtors make Gifts and Feoffments fained of their Goods and Lands to their Freinds and others and take Priviledges Rastall Debt 5. and take profits of their Lands and Goods so given by fraud shall be a Capias and Proclamation and after Execution of his Lands and Goods 2 R. 2. Stat. 2. chap. 3. Where Debtors make Gifts and Feoffments Rastall execution 5. as it is sayd in the Statute of 2 R. 2. and flye to places priviledged and take profits that the Creditors shall have Execution of the sayd Goods and Chattells as if no such Gift had been made 50 E. 3. chap. 6. 26 H. 8. fol. 2. If a man takes a Wife which hath Goods and aliens them by Covin supposing a Divorce to follow and after they are divorced the VVife may averr the Covin and have her Goods againe 33 H. 6. fol. 5. One buyes in Market open Goods taken by wrong if the buyer have knowledge of the wrong the property is not altered 14 H. 8. fol. 9. by Brook If I by fraud and Covin cause one to take your Goods and to sell them to me in an open Market yet that shall not change the property for that I am party to the Covin At Northampton before the Lord Dyer there was a Deed of gift of Goods shewed and in that it was exprest by words to the use of the Donee and yet it was averred that it was by Covin 44 Ed. 3. fol. ult A VVoman hath good cause to be endowed and shee procured J.S. to out the Tenant and then shee brought a Writ of Dower against J. S. and recovered and had Execution the Tenant may have an Assise against her and recover 22 Book of Ass 1. Assise The Tenant hanging the Assise enfeoffs another or suffers another to enter end recover by Formedon by elder gift this Covin shall not hurt the Plaintiffe but that he may recover 38 Book of Assises VVhere one was outlawed of Felony alleadges Imprisonment at the time of the Outlawry and it was replyd that he was in Prison by his owne Covin and issue upon that 41 Book of Assises 2. A man hath right of Action and makes one by Covin to enter upon him which is in by discent and recovers he shall be adjudged to be in as an Abator and not by Title Evidence AND for that that you have not many times Councell in your Court Barons and for that that it is many times pleaded to the generall Issue where it ought not It is now expedient to shew what matter may be given in evidence upon generall Issue and what not And first where the Defendant pleads the generall Issue and shews in evidence that the Plaintiffe hath no such cause of Action as is brought nor no cause of Action this is good evidence upon generall Issue Action upon the Statute of Parco fracto not guilty and evidence that hee hath no Park is good 19 H. 6. fol. 7. Trespasse in VVarren not guilty and evidonce that he hath no VVarren is good 10 H. 6. fol. 17. and 34 H. 6. fol. 7. Trespasse by VVarden of the Fleet not guilty and evidence that he is not VVarden is good 4. Ed. 4. fol. 7. and 12 E. 4. fol. 7. Trespasse of a House broken not guilty and evidence that the Plaintiffe hath no House there is good 22 H. 6. fol. 7. Trespasse not guilty and evidence that the place where the Trespasse was done is the free-hold of another and not of the Plaintiffe is good 4 E. 4. fol. 5. Debt against a Vicar for holding Farmes He hath not against the forme of the Statute and evidence that hee had for maintenance of his House it is good 27 H. 8. fol. 25. Action upon the Case of finding his Goods and converting them to the use of the Defendant not guilty and evidence that they were not the Goods of the Plaintiffe is good 3 Mar. and 33 H. 8. Action upon the Case 109. Otherwise it is in Trespasse 27 H. 8. fol. 25. Debt upon arrearages of account hee oweth him nothing in manner and forme and evidence that there was no such account is good 2 H. 6. fol. 26. Debt upon arrearages of Rent upon a Lease for yeares he owes him nothing and evidence that hee did not demise is good 7 H. 7. fol. 3. Debt upon sale of a Horse for forty shillings the Defendant may plead he oweth him nothing in manner and form and evidence that the sale was of two Horses for forty shillings or that it was of an Oxe for forty shillings is good 21 E. 4. fol. 26. and 9 E. 4. fol. 1. by Moyle VVaste no waste made and
evidence that the House was burnt by the Kings enemies or by Thunder or it was ruinous at the time of the Lease is good And so every thing that is no waste for that proves that the Plaintiffe hath no cause of Action 12 H. 8. fol. 1. and 22 H. 6. fol. 56. In maintenance not guilty evidence that the thing that is done is no maintenance is good Action of extortion against the Sheriffe which pleads that he tooke not and evidence that by prescription hee hath Barr fee of every one which he takes and is good for it is no extortion 21 H. 7. fol. 17. 4 E. 4. fol. 5. Trespasse The Defendant pleads not guilty and gives in evidence that it is the Feeehold of another and good for then the Plaintiff hath no cause of Action 2 H. 6. fol. 26. Debt upon arrearages of account he owes him nothing in manner and forme and evidence that there was no such account is good for hee hath no such cause of Action 2 Mar. and 33 H. 8. tit Action upon the Case and Count upn finding the Goods and converting them to his owne use the Defendant pleads not guilty and gives in evidence that they were not the Goods of the Plainliffe for he hath no cause of Action 5 H. 7. fol. 3. the same 10 H. 7. fol. 24. Cessavit That he held diverse Lands by intire service he did not hold in manner and forme and gives in evidence that he holds by severall services is good for he hath no such cause of Action 27 H. 8. fol. 25. Trespasse of Goods carryed away the Defendant pleads that the property of the Goods was not in the Plaintiffe and that is no plea in Trespasse but in Replegiare And some for that seeme that this is no good evidence in Trespasse upon a Plea of not guilty 9 H. 7. fol. 3. Debt for Rent upon a Lease for yeares that he oweth him nothing and evidence that he did not demise is good Vpon a generall Issue the Defendant by evidence to convey to himselfe interest and title is good evidence TRespasse of Gashaukes taken not guilty and evidence that he had a Lease of a VVood for yeares where they were taken it is good for it is a title 16 E. 4. fol. 2. Trespasse The Defendant pleads his Free-hold and gives in evidence a Fine with Proclamation it is good for it is a Title 27 H. 8. fol. 27. Trespasse not guilty and in evidence a Lease for years is good 12 H. 8. fol. 2. Account of receit by the hands of J. S. the Defendant pleads he was never his Receiver and evidence J. S. gave that to him is good 2 H. 4. fol. 13. Action upon the case of finding Goods and converting them to his use the Defendant pleads not guilty and evidence that they were pawned to him for ten pounds is good 4 E. 6. Br 113. Trespasse not guilty the Defendant may give a Lease for yeares in evidence contrary of a Lease at will for this is determinable at pleasure 25 Hen. 8. Generall Issue 82. Trespasse of Goods taken the Defendant may plead not guilty and evidence that he recovered and had them delivered in Execution and is good 22 Booke of Assises 73. Trespasse not guilty and evidence that the property was to J. S which gave them to him is good 9 H. 6. fol. 11. Assise by a Woman no wrong and evidence that her Husband enfeoffed him is good 45 Book of Ass 8. Defendant upon a generall Issue if by evidence he acknowledges that he did the wrong and justifies it and gives matter which goes to discharge him of the act by Justification this evidence is not good but he ought to have pleaded that TRespasse not guilty and evidence that the property was to J.S. and that he as servant and by his commandement took them it is not good for he acknowledgeth by the evidence that he made the trespasse and justifies that 25 H. 8. Generall Issue 81. Waste No waste made is pleaded and evidence that the Plaintiffe let to him the House and Land by Deed and granted to him by the same Deed that he might cut Trees to repaire that it is no good evidence The same Law in Debt he owes him nothing and evidence that the Plaintiffe hath released that to him The same Law in Trespasse of Battery not guilty and evidence that he did that in defending himselfe it is not good The same Law in maintenance not guilty and evidence lawfull maintenance it is not good for these matters in evidence are justifications which goe in discharge of the party and not by title but by Justification 12 Hen. 8. fol. 1. Trespasse not guilty and evidence that he had a Close adjoyning that the Plaintiffe ought to inclose and for not inclosing they enter it is not good for it is contrary to not guilty and is a Justification 19 H. 8. fol. 6. Trespasse not guilty and evidence that it was the freehold of J. S. and that he licensed him to enter by vertue of which he entred it is not good for it is Justification 4 Ed. 4. fol. 5. Trespasse of Battery not guilty and evidence that it was made in his defence not good 11 H. 4. fol. 63. 25 H. 8. Br tit Generall Issue 81. In Assise or Trespasse if the Defendant pleads no wrong or not guilty he cannot by evidence intitle a stranger and justifie by his commandement So for Common Rent service Rent charge or justifie by license these ought to be pleaded and not given in evidence contrary of a Lease for yeares 34 H. 8. Title Generall Issue 89. Debt upon an Escape out of execution Defendant cannot say that escaped not and give in evidence that he was not arrested for that is in Plea 27 H. 8.21 By Fitzherbart and Shelley in Debt upon the Statute of 21 H. 8. against a Vicar for taking Farmes the Defendant saith that hee neither had nor kept to farme against the forme of the Statute he may give evidence that he took that for maintenance of his House by the Proviso in the Statute notwithstanding â—awdweâ— denyed it 20 H. 6. fol. 24. Debt upon arrearages of account the Defendant saith hee oweth him nothing in manner and forme and gives in evidence that there was no such account and by Newton it is good and yet he might have pleaded no such account 22 H. 6. fol. 56. Debt against Abbat for borrowing he may account generally that the ten pounds borrowed came to the use of the House and give in evidence how as in buying of Bread and Drink Evidence which is contrary to that in Issue or which is not answerable to the matter in Issue is not good NOthing passed by the Deed and evidence that it is not his Deed is not good for it is contrary to the Issue and to that which he acknowledged in his Plea by Implication 5 H. 4. fol. 2. Mortdancester The Tenant saith that he is ready to heare the
that 40. Ed. 3. fol. 34. If Rent of a Lessee for yeares be behinde the Lessor cannot avow upon the Termor as of Tenant upon the Land but upon the matter 47 Ed. 3. fol. the last 24 H. 8. Tit. Fealty 8. In the Exchequer held that if Lands discends to me which is held of J.S. by Homage and I make to him Homage and after other Land discends to me by another Ancestor held of J.S. also by Homage I shall make Fealty but not Homage again for I am become his man before the same Law is if both the Tenements are held of the King by Homage he shall not have two Homages but one Homage only Lit. f. 29 Tenant at will by the common Law shall not make Fealty to the Lessor but Tenant by copy at will according to the custome of the Mannor shall make Fealty to his Lord Lit. in the end of the first book and f. 29. and 10 H. 6. f. 13. accordingly If there be Lord and Tenant and the Tenant holds three Acres of the Lord by Fealty and Rent and aliens all the three Acres the Lord is not held to change his Avowrie without notice and to avow upon the Feoffee for Fealty and Rent But if he will he may the same Law if he alien but one Acre not that the Statute of Westminster the third is that he shall hold for that particular yet this is upon notice 8 Ed. 4. fol. 12. and 47. Ed. 3. fol. 4. If the Tenant make a Feoffment and there is no notice made to the Lord and the Tenant dies the Lord may distraine the Issue for Fealty and Rent and avow upon him for it sufficeth that he dies Tenant though he doth not dye seised of the Land 44 Ed. 3. fol. 13. If the Tenant be disseised and the Disseisor dyeth seised the Lord there cannot distraine the Tenant for Fealty but the Issue of the Disseisee 32 H. 6. fol. 31. and 34 H. 6. fol. 51. If the Tenant hold by Fealty and Rent if the Tenant make a Feoffment in Fee the Lord may distraine the Beasts of the Feoffee for Fealty and Rent And make avowrie upon the Feoffor till notice be given and after notice given he shall avow upon the Feoffee if he tender the arrearages otherwise not for by the Feoffment and notice he shall not loose the arrearages but may distrain as above and avow upon the Feoffor for the arrearages But I intend if the Lord accept Fealty of the Feoffee he hath lost the arrearages 47 Ed. 3. f. 4. Note that by the Statute of 21. H. 8. chap. 9. One may avow the taking in the Land if he will as within his Fee and Lordship as in Lands held of him without avowing or justiffing of any person certaine Where one in ward of the King holds of a common person also by Homage or Fealty the Lord cannot distraine for Homage or Fealty during the time that it is in the Kings hand and yet the Signiorie is not suspended but only from distresse so that after he may distraine 13 H. 7. fol. 16. If Tenant in taile which holds by Fealty makes a feoffment yet the Donor cannot avow upon the Feoffee for Fealty but if one recover against a Tenant in taile the Donor ought to avow upon him which recovers for the Fealty and if there be Lord and Tenant and the Tenant were disseised and the Lord accepts the Rent of the disseisor yet that shall be but as a Bailiff to the Disseisee and ought to avow upon the Disseis otherwise I suppose of Fealty 41 Ed. 3. f. 26. If there be Lord and Tenant by Homage and Fealty and the Tenant be disseised and the Lord accept Homage of the Disseisor he cannot avow for Homage upon the Disseisee Fitzh 142. E. Hariot For that that diverse Lords of Mannors have Hariots and these are to be inquired for the Lord in Court-Baron in the second Article of Charge It is to be noted that there are two manner of Hariots that is to say Hariot custome and Hariot service and for that Hariot custome is properly as it seems after the death of the Tenant for life and for yeares and of every Estate and also is upon altenation IT is properly Hariot custome after the death of the Tenant for life 8 H. 7. fol. 11. To have a Hariot after the Death of every Tenant that is to say for life and for yeares is a Hariot custome 21 H. 7. f. 16. f. 13. the same To have a Hariot after the death of the Tenant for life is Hariot custome for Hariot service is after the death of the Tenant in Fee 21 H. 7. Tit. 5. Br. Custome that every Tenant of every Estate ought to pay Hariot after his death is Hariot custome 14 H. 4. f. 5. Where the Lord is to have Hariot upon every surrender or upon every alienation is Hariot custome 3 H. 6. Tit. 8. b. Note that a Hariot custome may be due after death or alienation as the custome will serve It seems Hariot service is properly after the Death of Tenant in fee upon discent and not upon every Estate as before is said HAriot service is by reason of the Tenure 8 H. 7. fol. 20. Hariot service is by the Tenure and if the Tenant alien the Land without notice yet the Lord may distraine upon the Land for the Hariot for it is by reason of the Tenure and the Land is charged 8 H. 7. f. 10. B. 6. that is by prescription Hariot service is after the death of the Tenant in fee and not of every Estate 21 H. 7. f. 13. B. 5. You shall see more for payment of Hariot service title discent before and title releife after Where a Haâ—iot is certaine the Lord may seise that as Hariot custome and note that for Hariot service he may distrain it seems where it is certaine to have the best Beast that he may seise THE Lord may seise as well for Hariot service where he is to have the best Beast as for Hariot custome But it is said in another place that for Hariot custome he shall alwaies seise and not distraine for the property is in the Lord forthwith 38 Ed. 3. fol. 7. Br 2. For Hariot custome the Lord may seise and if it be conveyed away he shall have a Detinue and for Hariot service if it be conveyed away he may distraine time of H. 8. Br. 6. Doctor and Student f. 65. The Lord hath property in Hariot custome and may seise that and for Hariot service he may distrain and not seise 8 H. 7. f. 10. Br. 7. He cannot prescribe to distraine for Hariot custome though that it be conveyed away for that that he may have a Detinue for the Law adjudges possession in him 13 Ed. 3. Br 9. It is adjudged that the Lord may seise Hariot service as well as Hariot custome See Plowdens Commentaries fol. 96. between Woodland and others and 16 H. 7. f. 5. It seems
himselfe and partakers and let them contribute the same Law is of Joynt-Tenants Marlb chap. 9. Fitzh 162. C. Where two Coparceners make partition and one aliens her part to one and the other heâ— part to another the Lord may distraine which he pleaseth but if one make the suit that shall discharge the other 24 Ed. 3. Tit. Br. 4. By Tremaile it is said that suit reall is due by reason of the Body that is for that that the Body is resident within the precinct and not by reason of Free-hold and this is due at the Courts Royall as at the Courts of the King or Queen as at Leets and VVapontakes which are the Courts of the King or Queen and suit service is by reason of Free-hold that is by reason of their Tenure that is for that they hold of their Lord by suit to his Court 45 Ed. 3. f. 23. If a man have lands within the Precinct of divers Leets and be resident within only one he oweth Suit but to that and if he be distrained to come to another Leet he shall have a speciall Writ that he shall not distraine him and that is by Marlebridge chap. 10. Fitzh f. 160. B. If there be three or foure Coparceners and the eldest makes the Suit shee shall have a Contributione facienda Rastall County 2. against the others to be Contributaries the same Law is where one Joynt-Tenant makes the Suit for all by agreement Fitzh f. 162. C. and 1 H. 4. f. 3. A. If there be two Coparceners for which one Suit ought to be made and the eldest Sister will not make the Suit then the Lord may distraine the other Coparcener as well as the eldest and then she shall have a Writ against the eldest Sister to compell her to make the Suit Fitzh f 159. E. Fitzh 159. C. If lands discend to many Coparceners of which one Suit ought to be made if the Land be held of the King then all the Coparceners ought to make the Suit as well after partition as before during the time that one is in the Kings Ward The Signiory is suspended of another Lord which cannot distraine And so during the time cannot distraine for Suit to the Lords Court 13 H. 7. f. 15. Fitzh f. 158. C. Fitzh 158. Where the Tenant holds his Land to make Suit to the County-Court or to the Hundred or other Court-baron wapontake or Leet and he that ought to make the Suit is in ward to the King or to his Committee his Guardian shall have a Writ De exoneratione Secte if he be distrained Fitzh 157. a. And if he do the King or the Committee shall have a Writ of Exoneratione secte to surcease Fatzh 157. A. and 2 Ed. 6. chap. 8. Doth not alter in the common Law in this point for suit to the Court 4 Ed. 4. f. 23. and see 20 Book Ass 17. that the Signiory is suspended for the time Where one in ward of the King and oweth suit to another Lord which distraines him the King or his Committee may have a VVrit of Exoneratione secte during the time that he is in ward Fitzh 158. a. If the King hath Lands by Forfeiture or by Escheat and lets them for life or at will and the Lord of whom they are held will distraine for suit to his Court the Lessee shall have a speciall VVrit to surcease Fitzh f. 159. A. If Lands held of the King discends to many Coparceners then all the Coparceners ought to make the Suit as well after partition as before Fitzh f. 159. C. If Tenant of the King alien parcell of the Land held of him yet the King or his Officers may distraine one of the Tenants for all the Rent for though West 3. chap. 3. be that the Feoffee shall hold for that part that the Statute shall not binde the King but another person cannot distraine but for the rate Fitzh f. 335. a. But I say if one holds two Acres by suit of Court and aliens one Acre the Feostor and Feoffee shall make both suites 43 Ed. 3. f. 4. b. If two are severally infeoffed by one Tenant which holds of one Mannor of the King every of them shall make suit 45 Ed. 3. Tit. Barr 211. Suit by two is not severable for if the Lord purchase parcell the whole suit is extinct by Mowbray 40 Ed. 3. fol. 40. fee Littleton fol. 49. for suit cannot be apportioned for that that there cannot be contribution for the Lord cannot c. VVhere one holds forty Acres by Fealty and Rent and the Lord purchase twenty Acres of that the Rentin Assise shall be apportioned 4 Book of Ass 5.3 Book of Ass 18. Littleton f. 49. Time of Ed. 1. Tit. Avowrie 226. VVhere ten Acres are held by Fealty and Rent and these ten Acres come into severall hands the Lord may distraine every one but for his portion by West 3. chap. 3. for that is there shall depart from the cheife Lord that part of the service to be taken by the hands of the Feoffee according to the quantity of the Land Rent service shall be according to the value of the land purchased and not according to the quantity 18 E. 2. tit Rastall Attorney 4. Avowrie 218. Lord and Tenant and is seised of two Courts that is one in D. and another in S. and the Tenant holds of the Mannor of D. by suite to this Court and by agreement of the Lord the Tenant makes his suit to the Mannor of S. aster that the Tenant cannot have against the form of the Feoffment and disagree but the Lord may disagree and distraine him to come to his Court of D. againe when he pleaseth though it be that he hath come to S. by the agreement by forty yeares or more Nat. Bre. 106. 3 Ed. 3. Tit. Action upon the case 24. Partition is between two Coparceners of a Mannor that is that one shall have the Demesnes and the other the Services Suit of Court is suspended but if one dies without Issue the suit is revived 12 H. 4. f. 25. If land be held by suit and parcell of that comes to the Lord the intire suit is extinct and determined for the Lord cannot make contribution of suit to his own Court nor take that 34 Ass 15. Rastall Attorney 1. Every Free-man freely may make an Attorney to follow his suits for him to his Lords Court Merton chap. 10. and Fitzh f. 156. E. Contra formam Feoffamenti lies Where a man infeoffs another before the Statute of Qua emptores terrarum to hold of him by Homage Fealty and Rent by Deed and after he will distraine for suit or other services to be made by him and none shall have this Writ but the Feoffee or his heires Fitzh 162. E. Nat. Bre. f. 106. If the Lord confirm the Estate of his Tenant to hold by certaine service the Tenant shall have a contra formam Feoffamenti upon this confirmation 10 H. 3. tit avowrie
Detinue 21 H. 6. fol. 43. is That an action of wast doth not lye against Tenant at will which makes wast but trespasse 41 Ed. 3. f. 24. Where a Miller takes more tole then he ought action upon the case lies against him and not trespasse 2 Ed. 4. f. 5. If my Servant of a shop which hath power to sell gives my Wares it seems that I shall have trespasse against the Donee Tenant at will may cut Trees seasonable but if he cut great Trees wast doth not lye but action upon the case Tenant at will of a Mine may take the Oare and sell it 12 Ed. 4. f. 8. He which holds at will hath that at the will of both and Debt lieth for the Rent reserved 20 Edw. 4. fol. 9. If the Lessee at will sow the Land and after be outed he shall have the Crop but if he be outed after the plowing and before the sowing he shall loose the Costs of plowing and the compost of that 11 H. 4. fol. 90 Tenant at sufferance Who is Tenant at sufferance and who not and what acts he may do TEnant at sufferance is where one of his own head occupies my Land and claims nothing but at my will and release to him is not good Littleton f. 108. There is no Tenant at sufferance but he which first enters by authority and Lawfully as a man lets for yeares or for anothers life and holds in further after the Lease expired or after the death of him for whose life time of H. 8. tit Tenant by copy 15. Tenant at sufferance is when Lessee for yeares after the tearm ended occupies the Land by consent of the Lessor without a Lease at will 21 H. 6. f. 42. Tenant at sufferance may distrain doing dammage upon the Land and yet release made to him is not good 4 H. 7. f. 3. and he may have trespasse Villainage For that that in the fifth Article villainage is to be inquired in Leet and in Court-Baron and is to be inquired who is Villainof the Kings Somthing shall be said touching that and first how they began and where the Lord may seise and have them and how their Goods and Chattells and other things and how contrary and how not VIllaines began after Noahs Flood that is when all things were in common and when they increased and also were taken in Battells and one kil'd another to avoid this mischeife it was ordained that none should kill another but those which they overcame should be their Villaines to use at their pleasure but not to kill them Britton f. 77. If the Villaine buy Goods and sell them or give them to another before the Lord seise them then the Lord cannot seise them nor have them otherwise it is of the Kings Villaine Littleton f. 39 Lord and Villaine the Lord is indebted to one which makes the Villaine his Executor the Villaine shall have Debt against his Lord and the Lord cannot seise and have the Goods which the Villaine hath as Executor 3 H. 4. f. 15. the same 47 Ed. 3. f. 16. Littleton f. 41. and 21 Ed. 4. f. 50. Old Tenures 2. If a Villaine dy before the Lord seise his Goods or claim by word the Lord cannot seise them not have them but his Executors 3 H. 4. f. 17. If a villaine purchase Lands and alien them before that the Lord enter or buy Goods and sells them before that the Lord seise them the Lord shal not have them Lit. f. 39. If the Lord seise Goods and deliver them to the Villain again if they be taken from him the Lord may have trespasse or take and seise them again and have them 11 H. 4. f. 2. Lit. f. 39. If he seises parcell of the Goods in name of all that suffices forâ—ll The Lord hath possession of Goods of his Villaine by Seisure of land by entry of Rent Reversion and Advowson by claim Perkins f. 6. Littleton 40. The Lord cannot seise his Villaine in the presence of the King and yet after he may have him 27 Book of Ass 49. If my Villaine Infant be in ward of one by reason that he holds of him by Knights service I may enter and seise the Infant and out the Guardian and shall have him 40 Book of Ass 7. The Lord cannot take and seise his Villaine out of the service of another which hath retained him unlesse that he hath more Servants but he may seise the Goods 39 R. 2. tit action upon the case 52. The Lord may take the Rent which a Villaine hath in possession but not a thing in action as obligation of Debt or Covenant What is infranchisement and what not IF a â—ree-man marry his she Villaine she is infranchised Little fol. 41. And that their Issue is free 46 Ed. 3. fol. 4. If a she Villaine marry a Free-man she is made free for ever and shall not be a Villaine again unlesse by a speciall act afterwards as being divorced or acknowledgeth her self a she Villain in Court of Record â—itzh fol. 78. G. 33 Ed. 3. f. 187. Statham is that shee is infranchised but during the marriage If a Villaine woman marry a Free-man she and all her Issue have a free Estate for ever and a Villaine becomes free if he marry his Mistris the same Law if a she Villaine marry her Lord Brit. f. 78. a. If a Villaine dwell in ancient Demesne of the King by a year and a day without claime he is infranchised Fitzh f. 79. A. But there held if he dwell in the ancient Demesne of another Lord then the King by a yeare and a day without claime he is not infranchised 39 H. 6. tit 20. and 39 E. 3. f. 6. If the Lord and his Villaine vouch together where the Villaine hath purchased Lands if he be not from all benefit shut up being called to warranty it is an infranchisement 33 H. 6. f. 1. The Reversion is granted to a Villaine and his Lord being Tenant for life attornes this doth not infranchise the Villaine for the Lord gives nothing to the Villaine and he cannot otherwise have the Reversion 11 H. 7. fol. 13. If a man infranchise his Villaine with the whole sequell it behoveth to be for those created and to be created some born before that infranchisement is not made free 15 H. 7. f. 14. Though the Lord make Attorney where his Villaine is Plaintiff it is no infranchisement 22 Book of Ass 4. 29 Ed. 3. f. 24. the same If the Lord suffer his Villaine to be sworn of a Jury in the Kings Court it is an infranchisment Britton fol. 83. Villaine shall not be infranchised for that his Lord sues a Recordare upon a plaint of Replegiare 5 Ed. 3. f. 187. Statham Tenant in taile of a Mannor to which is a Villaine regardant aliens the same Land to the Villaine and dies The Issue recovers the Land against the Villaine yet he may after seise the Villain and he is not infranchised notwithstanding that
not know By Moyl but he ought to answer that he did not worry the Sheep 41 Ed. 3. fol. 24. If a man ought to grinde his Corne at the Mill of the Defendant without paying Tole and the Miller take Tole trespasse by force of Armes lyes and so it is said where he takes more Tole then he ought but if one hinder people to come to my Market Action upon the case lies 13 H. 4. f. 12. Action upon the case lies for that that he hath a Leet in the Mannor Eyer and Court from three weeks c. There hath the Defendant held Court within the same Mannor and hath distrained his Tenants by great and often distresse and hath impoverisht them that they cannot pay their Rent Fitzh 94. E. the same 33 H. 6. f. 16. Action upon the case lies where his Steward comes to hold a Leet and the Defendant disturbs him 11 H. 4. fol. 45. Schoole-Master shall not have an action of the case against another for setting up another School that he cannot have so many Schollars as he had before for the profession is free and is for the Common-wealth the same law of erecting a Mill upon his own land though the Plaintiffs Tole be diminished he shall not have an action upon the case 22 H. 6. f. 14. Mill levied 48 Ed 3. f. 25. Action upon the case lies against Tenant at will which makes wast or burning a House willingly and not an action of waste Lit. 14. 21 H. 6. fol. 43. 7 H. 4. f. 8. Action upon the case lies for that that the Defendant ought to repaire a certaine wall upon the Thames and doth it not by which the land of the Plaintiff is drowned Fitzh 93. E. the same 7. H. 4. fol. 16. Account doth not lye against a Bailiff or Servant for driving his Plow in which default the Beasts perished but an action upon the case lyes for his negligence for default of good keeping 2 H. 7. f. 11. Action upon the case lies for negligent keeping my Sheep and the same Law for negligent carrying my Pots or glasse and where one keeps my Horse and starves him for Meat 7 H. 4. f. 45. Action upon the case lies by the Lord of B. against him which bought and sold in the Market of B. without paying Tole and though the VVrit was Tollenam asportavit yet it was also and he denied to pay it and for that it was awarded good for the first words are void and the last sufficient 11 H. 4. f. 25. If a way belonging c. be stopped Assise of Nusance lies but for stopping of a way ingrosse he shall not have an Assise of Nusance but action upon the case 14 H. 8. f. the last VVhere part of a River or way is stopt which is narrow action upon the case lies and where the whole an Assise of Nusance an action upon the case lies where he hath no other remedy 11. Ed. 4. f. 23. It seems there that a good Pleader may frame actions upon the case for many matters which are in the Chancery 26 Book of Ass 79. Action of the case lies against the Sheriff which quashed an Essoyne erroniously for false Judgment doth not lye unlesse it were Judgement of the Suitors Fitzh 114. D. If one Person of his malice and by his false imagination labour and cause another to be iudicted falsly the party which is so indicted shall not have a Writ of conspiracy but an action upon the case against him which caused him to be so indicted Fitzh 95. D. If one play with others at Dice and hee hath false Dice and wins Money of others with false Dice Action upon the Case lyes for this deceit 13 H. 7. fol. 26. Action upon the Case lyes where one hath a Water-course by Prescription to Brew and water Beasts there hath the Defendant made Lime-pits c. 4 Book of Ass 3. See Nusance for Lever Tozaile to the annoyance of the Free-hold Action upon the Case for mis-using an Officer in his Office ACtion upon the Case lyes against a Sheriffe where the Plaintiffe hath Charter of exception that he shall be impannelled upon no Jury and shews that to the Sheriff and yet he impannels him 18 H. 8. fol. 5. 21 H. 7. fol. 22. by King Where the Sheriffe serves a Fieri facias and levies the sum and doth not returne the Writ the party may have trespasse against him for levying that the same Law if by a Capias the Sheriffe arrest one and doth not returne the Writ false Imprisonment lyes 20 H. 7. fol. 13. 21 H. 6. tit 6. B. 6 H. 6. Tit. 9. Trespasse upon the Case was brought against an Escheator because he found an Office that the party held of J. S. and he returned an Office That the party held the moity of the King in Cheife and by the Court it lyes for he and the Sheriff are Officers of Record but not Justices of Record for there it was agreed that an Action doth not lye against a Justice of Record 9 H. 6. fol. 60. the same 12 H. 6. fol. 3. 47 Ed. 3. fol. 15. Conspiracy in the nature of an Action upon the Case was brought for that that the Defendant procured and caused a false Office to be found by which the Mannor was seised into the Kings hands and he sued that out to the Losse 21 Ed. 4. fol. 43. If the Sheriffe upon a Writ of second deliverance makes deliverance to the Plaintif of the distresse and will not returne the Writ so that the Defendant may constraine the Plaintif to come and count so that he may avow the Defendant shall have remedy against the Sherif and this seems by an Action upon the Case 8 H. 6. fol. 1. Where in Precipe the Sherif returnes a Summons where he was not summoned by which hee looses his Land Action upon the Case lyes against the Sherif See that deceit lyes 19 H. 6. fol. 29. Action upon the Case lyes against the Sherifs Deputy for imbezzeling a Writ of Habeas corpora and it lyes as well against him that stirrs up another to doe it as against a doer 16 H. 6. tit 38. by Paston If the Sherif returne a man sufficient upon a Venire facias by which the next Sherif iâ— charged of the Issues he shall have an Action upon the Case against the Predecessor for he cannot returne nihil against the returne of his Predecessor 1 H. 6. fol. 1. Precipe Where the Tenant looseth his Land by default upon a false returne of the Sherif as he returnes the Tenant summoned where he was not deceit lyes but if the Summoners were dead Action upon the Case lyes 38 Book of Ass 13. Action upon the Case lyes against the Sherif where he made a Precept to one which was no Bailif of the Franchise which returnes a Jury by which this was quasht to the damages c. 41 Book of Ass 12. Deceit in the nature of an Action upon the Case lyes
intent where such intent is not indifferent but is such intent which hath more stronger presumption then any other intent hath 3 Edw. 2. tit Escheat 8. And counts that his Tenant committed Felony by which hee was attaint and the Count was challenged for that that he doth not say for what Felony and yet good for it is not materiall for what Felony it was Generall Issue TRespasse upon the Statute of Richard the Defendant pleads his free-hold and it is not generall Issue in this but it is good in Trespasse Ravishment not guilty is the generall Issue and in maintenance not culpable 2 Ed. 4. fol. 6. Action upon the Statute of Liveries sayd that not guilty is no plea but that he gave not the Liveries is good and in Maintenance saith that not guilty is no Plea but that he did not maintaine yet inquire 8 H. 6. f. 36. b. Debt upon a matter of Record he oweth him nothing is no Plea but in Maintenance not guilty or he did not maintaine is good and in forging of Deeds not guilty is good 12 H. 7. fol. 14. Debt for Scavage held where the action is grounded upon a Statute and upon a matter in Deed he owes him nothing is a good Plea 21 H. 7.14 Forcible entry not guilty is good 14 H. 6. fol. 16. Eitzh 249. D. Trespasse of Goods taken the Defendant saith that the property of these was to J. S. which gave them to him without that that he tooke Goods of the Plaintiffe and this amounts to not guilty and by the Court adjudged that nothing shall be entred but not guilty and shall give that matter in evidence 9 H. 6. fol. 11. Assise the Tenant cannot plead Feoffment of the Plaintiff made to him for that amounts to a general Issue and the general Issue no wrong shall be entered 2 H. 4. f. 20 43 Book of Ass 41 Praemunire of that that the Defendant drawes him out of the Realm in Plea whereof Conusance to the King belongs the Defendant saith that he was Executor to J. S. and sued in Court of Audience to prove the Will and for that he could not have Right there he appealed to Rome and nothing shall be entered but the general Issue 2 R. 3. f. 18 Trespasse of Goods for the Defendant to say that the place is his Free-hold and he took them doing Damage it is no Plea but he ought to tell the certainty of the Land but of Trespasse in Land his Free-hold is good 5 H. 7. f. 28 B. See Brook Title General Issue Pleas uncertain Where it is uncertain in place and where not TRespasse for that that the Defendant holds Land of him in Reseleigh by reason of which he ought to scowre Ditches and for that he doth not shew where those Ditches are it is not good 46 Ed. 3. f. 8 Trespasse it is a good Plea to plead that there was an Arbitrement that he should pay ten pounds which he hath paid without saying where he hath paid it 8 H. 6. fol. 74 If Surrender or Attornement be pleaded which is matter in deed traversable it ought to be shewed where it was made 18 Ed. 4. f. 16. B. Where one avowes upon a Grant of a Rent-charge made to him and that one attorned he ought to shew in what place 2 R. 3. f. 13 Annuity the Defendant saith that he tendered that to him and for that he doth not shew where it is not good for it is matter in deed issuable which ought to be shewed certain 9 H. 6. f. 16 Held if one plead Arbitrement in Barr he ought to shew where the Submission was made 9 H 6. f. 50 Decies tantum for imbracing and for that he doth not shew where it is not good 37 H. 6 f 31 1 R. 3. f. 1 Presentment in the Sheriffs Turn that A. Abbot of D. had a Tann-house and had tanned Leather insufficiently and that he had sold and uttered the same Leather contrary to the Statute and for that he doth not shew in what place it was sold and uttered it is not good for there is no place upon which the View shall be and that is material 3 Ed. 4. fol. 30 Trespasse Defendant pleads Lease for years and ought to shew where it was made for it is traversable 5 H. 7. f. 3 Presentment that an Abbot and his Successors use to cleanse a Gutter by the high-way by reason of the Tenure of some of their Land and this is issuable for that it ought to be alleadged where the Land is Where one avowes for Rent-charge granted to him by Deed he ought to shew in what County and where it was granted 5 E. 4. f. 11 If one plead a Lease made to him for years he ought to shew where it was made 5 H. 7. f. 24 3 E. 4. fo 27. B. 18 E. 4. f. the same False Imprisonment if the Defendant justifie the Arrest by Precept he ought to shew where the Precept was made 14 H. 8. f. 18 21 H. 7. f. 73 the same Where the Defendant pleads that J. S. hath Goods in divers Dioces and the Administration belong to the Metropolitan if he do not shew in what Town the Goods are it is not good 10 H. 7. f. 16. Debt upon Arrerages of Annuity granted to him till he were promoted to a Benefice to plead that he took a Wife is not good if he do not shew where for it is traversable 35 H. 6. f. 50 Where the thing is issuable it ought to be shewed in what place it was INformation of Liveries the Plaintiff ought to count where the Cloth was given that is at D. 5 H. 7. f. 18 12 E. 4. f. 11 Trespasse Defendant saith that the place where c. is the Free-hold of J. S. and that he by his commandement entered he ought to shew where the commandement was given but if he iustifie as a Servant and by his commandement he need not shew where the commandement was 35 H. 6. fol. 59 Debt upon Arrerages of Annuity Defendant saith it was granted to the Plaintiff till he was promoted to a Benefice and saith that he was promoted to a Benefice and ought to shew where for it is issuable Uncertain for Year or Day TRespasse the Defendant iustifies that be entered as Lord for that that the Tenant aliened in Mortmain and for that he doth not shew what Day and Year it is not good 7 H. 7. f. 5 Qnare impedit the Defendant saith that the next Avoidance was granted to J.S. which died intestate and the Ordinary sequestred and for that that it is not what year he granted it is not good 9 H. 7. f. 23. Trespasse of Goods to plead that in London is a Market every day but Sunday and that he bought them on Friday this is good without shewing what year for the year is not material by Choke 12 Ed. 4. f. 1. Assise if the Tenant plead that one Plaintiff died after the last continuance
Queen that the said W. in my said Bailiwick could not be found at my County Court held c. I made to be proclaimed that the said W. be before our Lady the Queen at the Tearm within wrirten wheresoever then it shall be to answer to the said Lady Queen and further to do as this writ commandeth and requireth c. also at my County Court held c. I caused to be proclaimed that the said W. be before our Lady the Queen at the Tearm aforesaid wheresoever c. to answer to the said Lady the Queen in form aforesaid as within I am commanded Venire facias The within nominated J. B. hath nothing in my bailiwick by which he may be attached By vertue of this writ to me directed I caused to come before our Lady the Queen at Westminster at the day within contained I.B. as within I am commanded Out of the Exchequer I. F. within named hath nothing in my bailiwick by which I can make him come neither is he to be found in the same Note that in the Venire facias no Issues shall be returned but in Habeas corpora and distrings Issues The Issues of every one of them five shillings and that is by the Statute of 35. of M. 8. chap. 6 And also in every writ where the clause if A. shall secure you of prosecuting his claim it shall be expressed the Sheriffe may delay the Plaint by this Return to say The within named I.B. hath not found me Pledges to prosecute this Writ therefore to the executing of the same nothing by me is done The Execution of this Writ doth appear in a certain Pannell fastened to this VVrit and sometimes in the Pannell thus Venire facias or Distringas Jurat The Iurors between R.T. the Plaintiffe and VV.F. Defendant in a Plea of Trespasse and then write the names of the Iury twenty four A B. C. c. and under write this Every one of the Iurors aforesaid by himself severally is attached by Pledges I.D.R.R. but in Distresse The Issues of every one of them five Shillings And note that in the first Venire facias of the Iurors it is not very materiall to put in Manucaptors for that you will make by this mainprise the Iurors to loose Issues in the Kings Court which is not required at the first time The execution of this VVrit doth appear in a certain Pannell fastened to this writ Habeas corpora in Debt The Iurors between A.B. the Plaintiffe and C.D. the Defendant of a Plea of Debt A. B. c. Every one of the Iurors aforesaid by himself severally is secured by T. D.R R. And in this writ you need not return Issues nor in decem or octo tales nor you ought to return Manucaptors which note notwithstanding it is used in divers parts of England though void Also the Sherif may return Tarde upon a distringas and upon the Decem tales as it appears in these following and then the Iurors shall not lose Issues which note For the distraining of John M. and other Iurors within named Tarde to be before the Iustices c. the day and place within written I signifie to you that this writ was so late delivered unto me that for the shortnesse of the time I could not execute it for the present but of new I have put to that Decem tales or Octo tales as it apppears in these following as in this writ I am commanded c. A. B. C. D. E. F c. But as to ten as well Knighs as other honest and lawfull men of the view within contained to be put among the Iurors within contained the execution of this writ doth appear in a certain Scedule fastened to this writ Pledges to prosecute J.D.R.R. Habeas corpora in Attaint Summoners within named R.F.J.D.R.F. Manucaptors of the Summoners aforesaid and of every of them N P. I.C.I.D.R.R. The residue of the Execution of this Writ doth appear in a certain Pannell to this Writ annexed The names of twenty four Knights Pannell between R.S. Plaintiffe and R.F. Defendant A B.C.D.E.F. to the number of twenty four Summonitors of the aforesaid Iury and of either of them I.D.E.C. Manucaptors of the Summonitors aforesaid and of either of them I.P.R.C.F.D.E.G. The names of the Iurie of the first Inquisition whereof in the writ to this Sceduled annexed makes mention of I.D.B.C. to the number of twelve Names Summoners of the Jnry of the first inquisition and of each of them I. D.R.R. Manucaptors of the Summoners aforesaid Otherwise upon a Writ Seignill in the Chancery and of every of them I.L.H.P.R.S.T.V. Pledges to prosecute I.E.R.R. The within named W.B. is summoned by A.H.R.P. Manucaptors of the Summoners aforesaid and of each of them I.H.R.D. The residue of the execution of this writ doth appear in certain Pannells fastened to this writ The names of twenty four Knights between R.F. Plaintiffe and T.S. Defendant Pannell A.B. c. to the number of forry eight Every one of the Knights aforesaid severally by himself is summoned by I D.R.R. Of which every one severally by himself is manucapted by I.B.C.D.E.F.G.H. The names of of the Jurors of the first inquisition A.B. C.D. to the number of twelve Every one of the Jury aforesaid of the first inquisition severally by himself is attached and manucapted by Plaintiffe I.D.R.F. The names of the Iurors of standers by of new put in Return of the Pannel of standers by Otherwise between I.S. Plaintiffe and W. D. Defendant according to the Form of the statute in this Case published and provided A.B.C.D. c. The names of the Iurors of standers by of new impannelled and returned by the command of the Justices at the request of the Plaintiffe for defect of the Jurors above nominated not appearing according to the Form of the Statute late for that provided A.B. c. The Manucaptors bolow named J.F.J.D.R.R. Issues three Shillings four pence Distresse where the Tenant hath no Lands Against many J.F. within named hath nothing in my Bailiwick by which nor where he may be distrained T.D. 40 d. A.R. 40 d. c. are distrained and each of them is distrained by Land and his Chattells according to the Form of this writ whereof the Issues as appear above upon their heads and they are manucapted and each of them iâ— manucapted by himself that is by I.D.I.S. and P.H. that they be and each of them be at the day and place within written according to the Tenor of this VVrit c. A. 40 d which was the VVife of B. within written Against executors executrix of the will of the foresaid B. 40 d. R. R. 40 d. another Executor of the will aforefaid T.S. 40 d. the third Executor of the will of the foresaid B. are distrained and each of them by himself is distrained according to the form of this VVrit from whence the Issues as it
written I took into the hands of our Lady the Queen one House or Tenement with the Appurtenances in B. in the County of W. within written of the yearly value of ten pounds as the Lands and Tenements of the within named A.B. And also six cowes one Bull and one Gelding price in all eight pounds of the Goods and Chattells of the said A.B. in name of Distresse as I am commanded All which truly goods and chattells with me remaine unsold for defect of Buyers and the said A.B. no other or more goods and chattells Lands or Tenements hath within my bailiwick which into the hands of our Lady the Queen for present by any means I can take or seise I certifie the Barons aforesaid Otherwise that by vertue of this VVrit to me directed the eighth day of J. c. within written I have taken into the hands of our Lady the Queen the Mannor of S. with the Appurtenances within written as c. The residue of the execution of this VVrit doth appeare in a certain scedule to this VVrit annexed Scedule An Inquisition indented taken at S. in the County aforesaid the eighth day of January the year c. Before me J.H. Knight Sheriffe of the County aforesaid by Writ of a Right close of the said Lady Queens to me directed which is annexed to this Inquisition by the Oath of J.D.R.R. c. good and lawful men of the County aforesaid which do say upon their Oath that the Mannor of S. with the appurtenances is of the yearly value of five pounds besides all charges and reprisalls in witnesse whereof c. The Mannor of S. within named lieth in the County of G. and not in the County of W. Therefore I cannot distrain the Tenants there as within I am commanded By vertue of this VVrit to me directed I. certifie the Barons within written that the twentieth day of March Take into the hands the 8th year of our Lady the Q. within written I took into the the hands of the said Lady Queen the Mannor within written with the Appurtenances as within I am commanded If it be with inquirie for the yearly value The residue of the execution of this VVrit appears in a certain inquisition taken to this writ annexed The within named VV.B. and M. his Wife Who is Tenant are Tenants of the third part of the Mannor aforesaid in three parts divided and C.A.M.E. and J. B. the Daughters of C.D. dead are the Tenants of the second part of the Mannor within written in three parts divided and the other third part of the Mannor within written remains in the hand of our Lady the queen by reason of the nonage of T. B. Son and Heir of the aforesaid C.D. The Manucaptors of the forenamed W. B. and M. his Wife J.D.R.R. The within named A.B. hath nothing in my Bailiwick Venire facias Crown office or Exchequer by which he may be attached or where I may take him The within named A. B. is attached by Pledges that is J.D.R.R. If he be an Earl or a Countesse The Issue of them half a Mark. And further if these words are repeated in the VVrit and also to shew twenty shillings The within named R. A. hath nothing in the Land Distr of the Tenement and Hereditament within written by which I can distrain him No such Mannor Otherwise nor any Lands or Tenements known by the name of E. lying in the County of VV. whereof I can distrain the Tenants as within I am commanded The within named J.K. and R.K. have nothing nor either of them hath any thing within my Bailiwick and further I certifie the Barons within written that none are Executors or Administrators of the goods and chattells which were the within nameds M. K. whereby them or any of them I can distrain The Manucaptors of I S. Gent. Tenant of the Lands and Tenements within specified which were the within named M. K.I.D.RR The Issues thirteen shillings four pence By vertue c. I have taken Execution of the Goods and Chattels of J.H. within named a certain Demise and Grant to the said J. H. by one to T. G. of one part and the aforesaid J. H. of the other part for terme of one and thirty years to begin from the first day of Ianuary the year of the Reign of our Lady Elizabeth within written as by that Indenture bearing date the same day and year fully appears of and in a House or Farme with the Appurtenances scituate and lying and being in L. in the Parish of f. within my Bailiwick called or known by the name of B. together with all and singular Lands Meadows Feedings Pastures Woods Under-woods VVaters and Pastures with all their Appurtenances scituate lying and being within the Town Parish and Feilds of F. aforesaid and likewise in my Bailiwick and the aforesaid Lease and all the whole Right state Title terme of years Possession and Demand which the aforesaid J. H. now hath of and in the foresaid Premises by vertue or force of the said Demise and Grant or otherwise I have set to sale and sold to one R.G. Gentleman for the summ of threescore and sixteen pounds thirteen shillings and four pence and also I have taken in Execution other Goods and Chattels of the aforesaid J. H to the value of threescore and five pounds six shillings eight pence which truly summs of Money so in forme aforesaid by me levied in the whole do amount unto 132. pounds and twelve pence and the same summs before our Lady the Queen at the day and place aforesaid I have ready and to be given to the within written E.P. and J. his VVife in part of satissaction of the Damages within written as by that VVrit I am within commanded And that I. H. hath no other Goods or Chattels in my Bailiwick that the residue of the aforesaid one hundred threescore and five pounds six shillings two pence can be had or levied according to the command of this VVrit By vertue I have taken into the Qu. hand c. tenth Day of S. the year of the Reign of our Lady the Queen within written twentieth I J.S. Knight Sherif of W. within written have taken resumed and seised into the hands of our Lady the Queen all those Tenements Shops Gardens and all the other the Appurtenances by vertue of the Writ aforesaid to be resumed which do appear in the Inquisition to this Writ annexed By vertue of this Writ to me directed Of setting to sale from day to day I have set to sale those Goods and Chattels to the value of a hundred shillings residue of the eight pounds which were of the Goods and Chattels Lands and Tenements T. F. within named and there I sold to the value of forty shillings which truly forty shillings I have ready at the day and place within contained as within I am commanded then there to be paid and the residue of the
H. 6. f. 76. Attaint was returned by the Sherif Nihil Summons in the Land demanded and the Return is not good and so Sicut alias and shall be summoned in the Land demanded 42 Ed. 3. f. 19. Mortdancester by two and one makes default by which issueth a Summons to prosecute together the Sherif upon this returnes Nihil and award that they shall be summoned in the Land demanded 44 Ed. 3. f. 27. Scire facias out of a Fine to execute that and two make default and in a Summons to prosecute together the sherif upon that returnes Nihil and shall be amerced for they shall be summoned in the Land in Demand 10 H. 6. f. 12. The same Law is where one hath aid of him in Reversion and in a summons to aid he shall be summoned in the Land demanded A Writ of Covenant to levy a Fine the Sheriff returns Nihil and for that shall be amerced for he ought to have Summoned him in the Lands Demanded 10 H. 6.13 Where aid was granted and the Sherif returns that the Prayee hath nothing whereby he may be summoned by which Sicut alias was awarded in the Land in demand 23 Ed. 3.37 Debt against John Burton Parson of D. The Sherif returns at the Pluries distringas that he hath resigned and it is a good return 2 H. 7.10 Scire facias against an Abbot and the Sherif returns he is deposed and good return But in Scire facias against a Husband and his Wife Spirituall the Sherif cannot return that they are divorced for that is spirituall whereof he hath no notice 1 H. 6.2 2 H. 6.5 the same Scire facias against the Parson of D. to have Execution of arrerages of annuity though the Sherif return that he hath resigned and take notice of that it is a good return 2 Ed. 4.1 The Sherif returns upon a Capias Tarde and was amerced 2 H. 4.8 Right of ward at the Distringas with proclamation the Sherif returns Exitus and that he cannot proclaim that for that it came too late and there shall go an Alias to proclaim that only and shall not return Issues 3 H. 4.6 In Capias of appeale of Death Tarde the Sherif returns that that writ came so late that c. and the return awarded good 8 H. 4.22 In Assise when the Writ is returned Tarde the Clarks do not make Sicut alias but enter the Writ and send that again to the Sherif to be served 9 Ed. 4.20 Forging of Deeds Distringas with Decem tales of that was awarded against the Jury and the principle Jury was returned Tarde upon the distringas and the Tales served and the return was awarded good for where the Issues are to be returned the Sherif ought to have time to know their Land but upon a Capias returned Tarde it is said to be ill But inquire because it is used 21 H. 6.51 The Sherif returns VVrit delivered by Bill according to the Statute of Westm 2. chap. 39. Tarde and for that that the Sherif refuseth to put his seale others put their seals according to the statute and the Plaintif hath a writ to the Justices of assise to inquire of Dammages 29 Ass 58. Capias to have Execution against an Abbot or against a Bishop if it be returned that they have nothing in that County there shall go out Elegit upon the Testatum in another County 26 H. 8 8. and 26 H. 8.17 VVhere one hath recovered in a Quare impedit and hath a VVrit to the Bishop which refuseth his Clark So that he hath a Quare non admisit Testatum and process continue to the distresse against the Bishop and the sherif returns that he hath nothing there goes Distringas to the sherif of London upon the Testatum that he hath no Land there 3 H. 4.6 Trespasse against a Prior the sherif returns that he hath nothing and how he hath no Land there he shall have process into another County upon a Testatum for a Prior was a name of Dignity and for that shall have process in another County upon Testatum 7. H. 4.1 VVhere the sherif returns Nihil Capias doth not lie against a Lady Peer of the Realme Earl or Baron But there shall go a Testatum in another County but where they do wrong as if they essoigne Distress and returns that by the Sherif the Capias lies for the wrong 11 H. 415. If the Sheriffe arrest any and Rescue is made by Baron Earl or Duke if the Sheriffe return the Rescue Capias lyes 1 H. 5 fol. the last Wast was made in Reddale and upon a Writ to inquire of Waste the Sheriffe returns that I have taken an Inqusition at Reddale and for that it is not at the place wasted it is no good return 40 Ed. 3.20 and 27 H. 8.16 the same Waste in A.B.C. and D. it is said that a Writ to inquire of Waste shall be returned that I have come to the Tenements aforesaid and the Inquisition taken at one Town shall serve for all 34 H. 6.49 A. returns upon a Redisseisin or upon a Writ to inquire of Waste that I came to the Town is not good but to the place 11 H. 4.6 Upon a Writ to inquire of waste for that that the Sheriff returns I have commanded the Bailiffe of the Liberty which hath given me no answer he was amerced for he ought to go to the place wasted 11 H. 4.80 Appeal Visne the Sheriffe returns a Jury of the Visne of Dâ— and the new Sheriffe returns no such Visne and may 3 H. 6. fol. last Venire facias Venire facias was returned by the Sherif and afterwards the Sherif was discharged and a new Sherif made and at the Distringas he returned Nihil upon a Juror and adjudged that he shall be amerced but he may return that the Lands are recovered against the Juror or that the Juror was Tenant for life of J. S. which is dead or other speciall matter and so Nihil 19. H. 6.38 Where the Parties admit one such Visne where there is no such the Sherif cannot return that there is no such Visne but shall make the Pannell of the body of the County 37 H. 6.12 A Venire facias with the Pannell was returned and none found upon the Roll but sicut alias awarded and returned and upon that Habeas corpora and Distringas and the Iury found for the Plaintiffe and it is shewed in arrest of Iudgement that there was another Venire facias with a Pannell and adiudged that it shall not be intended to be there lawfully but shall be taken off the File for that that in the Roll the Entry was ad quem diem Vicecomes non misit breve and upon that it was awarded the sicut alias 20 H. 6.17 Though the Venire facias is Venire facias twelve free and lawfull men yet if the Sherif return twelve onely if he do not amend
appears upon their heads and each of them is manucapted by himself that is by four Manucaptors by name A.B. c. And there are no more Executors of the will of the said B. nor heires of him or of Lands or Tenements which were his in the County of W. as by any means for the present can appeare unto me Pledges to prosecute J.D.R.R. A.B. within named hath nothing in my bailiwick but the Issue first by me forfeited Favor of the Sheref upon the 2. or 3. Distring Against a Clark by which nor where he may be distrained as to me by any means can appeare for this present W.D. Arch Deacon of R. hath nothing in my bailiwick of lay fee by which nor where he can be Distrained Warned or Attached by any means at present as to me can appeare That I should distrain the within written A.B. to be before the Justices within named Upon a Tarde at the Day and place therein contained This writ so late was delivered unto me that for the shortnesse of the time I could make no Execution thereof To the Distraining of R.L. and all other the Jurors within written to be before the Iustices within named at the day and place therein contained Other-Wise upon a Jur. This writ came unto me so late that for the shortnesse of the time could make no execution thereof but to ad Decem tales the execution thereof doth appeare in a certain Pannell fastned to this writ Otherwise for Homage The Manucaptors within named J.S.W.P.I.D. His Issue half a Mark. The summoners of the within named R. and E. his wife W.F.R.P. And so of all other actions reall if the Defendants be sufficient The Execution of this writ doth appeare in a certain inquisition to this writ annexed By vertue of a writ of our Lady the queen to me directed Partition and to this partition indented annexed I J.D. Knight Sheriff of the County aforesaid twentieth day of A. year 20. c. taking with me J.S. c. twelve free and lawful men of my County and of the view within written in the presence of H.F. in the writ aforesaid nominated in my proper person I came to the Tenements in the said writ nominated and there by their Oath respect being had to the true value of the said Tenements with the appurtenances the said Tenements in partition into three parts equally to be parted and one part of the said three parts that is twelve foot in length and eight foot in bredth of the House in the foresaid writ specified extending to the Land of F.G. called G. towards the west and thirty four foot in bredth and twelve rods in length and one Garden in the aforesaid writ specified lying to the said house abutting towards the west to the Land of the aforesaid F.G. called B. and the Glebe Land of the Rectory of S. and also c. And I the aforesaid Sheriff twentieth day of A. the year c. have made them to be assigned and delivered to H.F. nominated in the said writ to hold to him severally according to the form and effect of the writ aforesaid And as the said writ in that commandeth and requireth Which truly whole third part of the aforesaid Tenements in the aforesaid Writ specified Otherwise to the aforesaid H. in form aforesaid is delivered and assigned and for the other two parts remaining of the aforesaid Tenements in the aforesaid Writ specified J.F. likewise in the same Writ nominated to the partition aforesaid to be assigned and Delivered to the Justices of our Lady the Queen in the Writ aforesaid specified I certifie that none of the part of the said J. came to receive of me the aforesaid Sheriff those two parts so that those two parts I could not deliver an Assigne as the writ aforesayd in that doth command and require In witnesse whereof as well the Seale of me the aforesayd Sherif as the Seales of the other twelve Jurors to this partition Indented are put Dated the yeare and Day abovesayd Pledges to prosecute I. D. R. R. The within I. S. and R. B. are attached and each of them is attached by Pledges I. D. R. R. The residue of the execution of this VVrit doth appear in a Pannell fastned to this writ Assise of Novel disseisin Assise of novell disseisin between such a one Plaintif or Demandant and such a one Defendant or tenent in the Plea c. A. B. C. D. c. to the number of twenty four Pannell The names of the Recognitors I. P. and T. W. Summonitors J. D. T. B. Manucaptors summoners aforesayd and every of them J. S. J. D. Pledges to prosecute Otherwise G. C. R. R. R. H. within named is attached by one _____ of Latin price eight pence by Pl. W.D. and T. D. The residue of the execution of this writ doth appeare in a certaine Pannell annexed to this writ A Recognition of an Assise of Novell disseisin Pannell between J. D. Plaintif and R. T. Deforceant of his Free-hold in B. J.D. c. to the number of twenty foure Summoners of the Jurors aforesaid and of every one of them J.S.J.D. Manucaptors summoners aforesaid and of every one of them J.B.T.C.A.B. and W.H. The execution of this writ appeareth in a certain Pannell to this writ annexed Otherwise The names of the Recognitors in an Assise of novell Disseisin between A.B. Plaintiff and J.M. Defendant A. B. c. to the number of twenty four Every one of the Recognitors aforesaid by himself is severally attached by pledges J.D.RR. The Issues of every one of them five shillings The names of the Recognitors of new added according to the form of the Statute A. B. c. to the number of ten Every one of the Recognitors aforesaid of new added is attached severall by Plaintiff J.D.R.F. By vertue of this Writ Great Cape tenth day of M. the year aforesaid by the view of R.H. and T.H. good and lawfull men of my County I have taken into the hands of our Lady the Queen the Lands within written as within I am commanded summoners J.D. R. F And if the Writ be sent to the Sheriff and the place where he ought to execute it be within Franchises which hath full return of all VVri tsthen so The Execution of this VVrit c. as before I J.S. Sheriff of E. have commanded J.W. Bailiff of the Liberty of B. in the County aforesaid which hath full return of all VVrits and execution of them within the Liberty aforesaid in the County aforesaid and to whom the executing of this writ doth wholy belong to be don for that that the said execution thereof otherwhere in my Bailiwick cannot be done out of that Liberty which answers me so c. By vertue Otherwise c. I have taken into the hands of our Lady the Queen by view c. as before of the Lands and Tenements of J.M. within