shall be no wreck but the things shall be prised by the Sheriff or Coroneâ— and delivered to those of the Town where they 〈◊〉 found to answer for them So as if any within a yeâ—â— and a day prove that the goods are his they shall 〈◊〉 restored to him CHAP. 13. Rule 3. Stat. 32. H. 8 28. Leases made by tenant 〈◊〉 tail or by him who is seised in the right of his wife or Church they being of full age at the time of such a lease made shal be good against the Lessors their wives heirs and successors This Statute shal not extend to any lease to be made of lands in the hands of any Farmer by force of aâ— old lease unlesse such an old lease expired within a yeaâ— after the making of the new nor to any grant to be made of any reversion of such lands nor to any lease oâ— lands which have been let to Farm 20 years before such lease made nor to any lease made without impeachment for waste nor for above 21 years or three lives from the making thereof and that upon every such lease there be reserved so much yearly rent as hath biâ— usually paid within 20 years before such lease made And the reversioner of such lands c. may after the death of such lessor oâ— his heirs have such remedie against such lessee his executors and assignes as such lessor might have had against such lessee Provided that all leases made by the husband of land c. being the inheritance of the wife shall be made by Indenture in the name of the husband and wife and she to seal to the same and the rent shall be reserved to the husband and wife and the heires of the wife And here the husband shall not alien or discharge the rent or any part thereof longer then during the coverture unlesse it be by fine leived by husband and wife No fine feoffment or other act done by the husband only of the inheritance or free-hold of the wife shall make any discontinuance or prejudice the wife or any other who is to enjoy the estate after her decease fines leived by the husband and wife onely excepted Stat. 1. El. not printed All estates made by any Arch-Bishop or Bishop of any mannors Lands c. parcel of their Bishoprick other then to the Queen c. and other then for 21 years and three lives from the time of such estate made and whereupon the accustomed yearly rent or more shall be reserved shall be void Stat. 13. El. 10. All leases conveyances and estates made by any master and Fellowes of a Colledge Dean and Chapter Guardian of an hospital Parson Vicar or other having any ecclesiastical living c. other then for 21 years or three lives from the making and wherupon the accustomed yearly rent or more is reserved shall be void Stat. 14. El. 11. The branch of the Statute of 13. El. 10. made to avoid certain Leases shall not extend to houses scituate in Corporations or Market-townes or the Suburbs thereof nor to the grounds of such houses so as they be not the dwelling houses of the persons there restrained nor have 10 acres of ground belonging to them Provided that no leases in reversion shal be made of such houses nor without reserving the accustomed yearly rent at least nor without charging the lessâ—â— with reparations nor for a longer term then 40 years Neither shall any such houses be aliened without purchasing presently after other lands in Fee-simple of good value Stat. 18. El. 11. All leases made by such persons are mentioned in 13. El. 10. where another lease is being not to be expired surrendred or ended with three yeares next after the making of such new lease shall be void And all Bonds Covenants for renting of any such lease contrary to this Act or to thâ— said Stat. of 13 El. 10. shall also be void Rule 21. Westm 2. 5. 13. E. 1. Usurpation of Churches during wardship particular estates Coverture 〈◊〉 Vacanci shall not bar the heir at full age the reversener or remainder in possession the feme-discovert 〈◊〉 the spiritual person in succesion from having their wriâ— of Advowson possessory viz a quare impedit or an assize of Darrein presentment as their ancestor or predecestor might have had usurpation had happened in their time whereas before this Act they were 〈◊〉 such cases put to their writ of right of Advowson One and the same form of pleading shall be used 〈◊〉 Darrein presentment and Quare impedit viz. if the defendant alledged plenartie of his own presenatiâ—â— the plea shall not stay by reason of the plenartie so 〈◊〉 the writ be purchased within the six moneths albeit 〈◊〉 cannot recover within that time Where partition is made upon record or by fine 〈◊〉 present by turn the Coparcener that is disturbed shaâ—â— not be put to a Quare impedit but may have remedâ— upon the Roll or fine by Scire facias And amongâ—â— Coparceners if one present twice together yet shaâ—â— not the other barred but have his other turn when it falleth CHAP. 14. Rule 4. Westm 2. 34. 13. E. 1. If a man ravished woman married maid or other albeit she did consent after he shall have judgment of life and member and here the King shall have the suit Stat. 6. R. 2. 6. Both the ravisher and ravished where she consents after the fact are disabled to have or chalenge any inheritance dower or loint-estate after the death of their husband or ancestor In an appeal of Rape the Husband father or next of the blood shall have the suit and the Defendant shal not be received to wage Battail CHAP. 15. Rule 2. WEstm 1. 33. 3. E. 1. he that publisheth any false news or tales whereby discord or occasion of discord slander may grow betwen the King his people or the Nobles shall be kept in prison untill he hath brought him forth into the Court that did speak the same Stat. 12. R. 2. 11. The like for him that telleth false lies of nobles and great offices whereby discord may arise between the Lords and Commons Stat. 12. R. 2. 11. in the case of these former Statutes if the party cannot bring forth him that speak the same he shall be punished by the aduise of the Council CHAP. 19 Rule 4. 31. E. 3. Stat. 1. 2. If any man or Town charged with the goods of fugitives or felons will in discharge of himself alledge another that is chargeable therewith he or they shall be heard and right shall be done him Stat. 1. R. 3. 3. None shall seize the goods of any arrested for suspition of felonie before he be convict or attaint thereof or the same goods be otherwise lawfully forfeited in pain to forfeit to the party grieved double the value of the goods so taken to be recovered by action of debt c. Rule 6. 1. E. 6. 12. The wife shall be endowed albeit her husband were attainted convicted or
of the estate either by reason of a particular estate ended or a condition broken XV. Of a particular estate ended is an ad terminum qui praeteriit or Entry ad communem legem XVI Ad terminum qui praeteriit is upon a deforcement by the lessee or a stranger after the Lease for years or life expired XVII Entry ad communem legem is when a tenant for life doth alien and die XVIII Of a condition broken as Causa matrimonii praelocuti XIX Causa matrimonii praelocuti is for a woman that giveth land to a man to marry her and he will not XX· Those grounded upon the disability of the person are a Dum fuit infra aetatem and a Dum non suit compos mentis XXI Dum fuit infra aetatem is by the infant when he cometh to his full age upon an alienation by himself or his ancestor being within age XXII But the clause that he is of full age viz. qui plenae est aetatis shall not be inserted in the Writ if either it be brought in the degrees per cui or post or upon the ancestors alienation XXIII Dum non fuit compos mentis is upon the alienation of himself or his ancestor or being of non sanâ— memoriae CHA Cui in vita sua Cui in vita sine assensu Capituli A writ of Intrusion a writ of Entry in the quibus I. THose upon a wrong at the first are upon a discontinuance or an Ouster II. Upon a discontinuance as a Cui in vita or a sine assensu Capituli III. A Cui in vita for the wife after the husbands death upon his alienation of her fee simple fee tail or free-hold or of such a Joynt estate in them IV. and in this writ claiming a fee-simple she shall say Quod clamat esse jus hereditatem suam V. If it be an estate of fee-simple and she bring not in her life time a cui in vita the heir shall have a sur cui in vita VI. And of this nature is a Cui ante divortium when it is brought by the wife after divorcement upon such an alienation as before VII A sine assensu Capituli is for the successor of a Bishop Abbot Prior Dean Prebendary Master of an Hospital c. after the discontinuance of the Predecessor VIII Upon an Ouster is either an Intrusion or a disseisin IX That upon an Intrusion is called a writ of Intrusion and is for him in the reversion or remainder in fee-simple or for life after the death of tenant for life in Dower or by the curtesie X. Upon a disseisin is when the disseisin is done to him or his ancestor as a Writ of Entry in the Quibus or which is all one in the nature of an Assize CHAP. 27. A Writ of Ayel Besaiell Cosinage Formedon Escheat Dower a Precipe in Capite I. WRits that shew the demandants title are meer possessory or in the right II. Meer possessorie are those which are brought by the next heir upon an abatement after the death of any ancestor other then his Father Mother Brother Sister Uncle Aunt Nephew Neece seized in demesne as of the fee-simple the day of his death Of this sort are III· A writ of Ayell after the death of his Grandfather or Grandmother IV. A writ of Besayell after the death of his great Grandfather or great Grandmother V. A Writ of Cosinage after the death of his great great Grandfather or Grandmother or any other Collateral Cousin save those above-mentioned in the second Rule of this Chapter VI. In the right is that which is to disprove the right of the tenant and is a writ of right in his nature or a praecipe in Capite VII A writ of Right in his nature which sheweth how the demandants right is grown and is a Formedon or a writ of Escheat and Dower unde nihil habet VIII A Formedon is a praecipe quod reddat entitling the partie by the form of the gift and is a Formedon in remainder or a Formedon in reverter IX A Formedon in remaninder is for him in the remainder for life or in fee upon a lease for life expired X. A Formedon in Reverter is for the Donor after the estate in tail determined XI A writ of Escheat is for the Lord upon an Escheat XII Dower unde nihil habet is a writ for ones Dower who hath received no part at all thereof XIII A writ of Dower lieth against Gardein by Knights service XIV A praecipe in capite is a praecipe quod reddat for the meer right of lands holden in chief CHAP. 28. A writ of right of ward and sur disclaimer I. OTher real praecipe quod reddats are those which are in respect of a Seigniorie as a writ of right of ward and a writ of right sur-disclaimer II. A writ of right or ward is to recover the wardship III. If it be for the recoverie of the wardship of the body it lieth as well for Gardein in Socage as for Gardein by Knight-service IV. But if it be for the recovery of the wardship of the land it lieth onely for Gardien by Knight-service V. A writ of right sur-disclaimer is for the Lord to prove the lands to be holden of him when in Action where the services should be recovered the tenant in Court of Record disclaimeth to hold of him VI. If in this writ the Lord can prove the Land to be holden of him he shall recover the Land it self CHAP. 29 A writ de consuetudinibus et seâ—â—icâ—js secta ad molendinum Quare impedit Quod permittat Curia Clauâ—enda Mesne and Warrantia cartae I. A Real Praecipe quod faciat is either to recover hereditaments or some real things that concern them II. Those that are to recover some hereditament demanding of ones own seisin are in the debet and solet III. But demanding of the ancestors seisin they are in the debet onely and then are in all respects as writs for the meer right IV. These are either in respect of a Seigniory or to recover some other hereditament V. In respect of a Seigniorie as a writ de consuetudinibus servitiis and a secta ad molendinum VI. A writ De consuetudinibus serviciis lieth for the Lord that hath an estate for life or a greater estate in the Seigniory and is deforced of his services VII Secta ad molendinum lieth for the Lord when the tenants that hold of him by grinding their corn at his Mill withdraw their suit and grinde elswhere VIII Those that are to recover some other hereditament are a Quare impedit and a Quod permittat IX A Quare impedit lieth upon a disturbance where he or his ancestors or those from whom he claimeth having at any time before presented to a Church himself is now disturbed X. A Quod permittat lieth for one that hath common of pasture for his beasts being disturbed by a stranger so as he
have execution thereof as if no such gift had been made Stat. 3. H. 7. 4. All deeds of gift of goods and chattels made of trust to ones own use shall be void Stat. 13. El 5 Every gift grant bargain and conveiance of lands or chattles or of a lease rent common or other profits out of them and every bond suit judgment and execution had or made for the defrauding of any persons just action suit debt account damage penaltie forfeiture heriot mortuarie or releif shall be void against that person his heires executors c. The parties or privies knowing such a fraudulent gift which shall justifie it to be done bona fide or shal alien such things so to them conveyed forfeit one year value of the lands or profits out of it and the whole value of the goods nad chattles and the sum of such covenous bond and shall have half a years imprisonment This Act extends not to common recoveries nor vouchers in a Formedon nor to any gift c. bona fide and upon good consideration to any person not knowing of the fraud Stat. 27. El. 4. Every conveyance grant charge lease estate incumbrance or limitation of use of lands tenements or hereditaments made for the defrauding of purchasers of the land it self or any part or profit out of it shall be void against the person so purchasing for money or other good consideration and against all claiming under him with penalty as in the former Statute This extendeth not to the avoiding of any grant c. upon good consideration and bona fide If any such conveyance c. be made with a clause of revocation or alteration at his pleasure by writing and after he shall bargain demise sell grant convey or charge the same lands c. for money or other good consideratiâ—n the conveyance not revoked nor altered then such conveyance c. shall be voyd against the bargainees c. and all claiming under them lawfull mortgages only excepted Rule 11. Praecog Reg. 15. 17. E. 2. The Kings gift or grant of land or a Mannor cum pertinentiis â—â—nveyeth not Knights fees advowsons or dowers without expresse words Stat. 1. H 4. 6. In a petition to the King for lands annuities offices c. their value shall be therein exprest otherwise the letters Patents thereupon shall be void Stat 18. H. 6. 1. All Letters Patents which bear not date the day of the delivery of the Kings-warrant into the Chancery shall be void Stat. 34. 35. H. 8. 21. A confirmation of all estates contained by or conveyed from the King within seven years after the fourth of February in the 27 year of his raign notwithstanding any mis-recitall non-recitall c. with divers provisoes c. therein contained Stat. 1. E. 6. 8. Such another Statute for the confirmation of all grants made and to be made by E. 6. from the 28 of January in the first year of his raign and so during his life with such provisoes c. as in the sayd Act of H. 8. Stat. 4 5 P.M. 1. Another like Statute for the confirmation of grants made and to be made to or by the Queen or the King and Queen from the first of July in the first year of her Reign and so during her life with provisoes as in the former Acts. Stat. 18. El. 2. Another like confirmation of al grants made to for or by the Queen or to be made within seven years next after the end of this Session with like provisoes c. Stat. 43. El. 1. Another confirmation of grants made by Qu El. from the eight of February in the 25 yeare of her raign untill the end of this Session and a year after Stat. 21. Jac. 25. The King c. shall not take advantage of Forfeitures against his Patentees before Commission Processe c. Stat. 21. Jac. 29. A confirmation of Leases of the Duchy lands in Cornwall Stat. 1. Car. 2. Such another for Leases thereof to be made within three years CHAP. 3. Rule 6. STat. 32. H. 8. 34. Grants of Reversions may enter upon Farmers for any Forfeiture or condition and have like advantages against them by action onely for any other Covenants condition or agreement eontained in the Indenture of their lease as the Lessors their heirs or successors might And the like for the Lessees against the grantees of reversions Recovery in value only excepted CHAP. 4. Rule 9. STat. 6. H. 8 15. If any make suit to the King for lands offices or other things formerly granted to any person during the Kings pleasure the first Patentee being still in life the last grantee shall expresse in his Petition or pattent the former pattent and the determination of the Kings pleasure concerning the same otherwise the last grant shall be voyd Rule 15. Glocester 7. 6. E. 1. If a woman alien her dower in fee or for life the heir or other person to whom the Land ought to revert shall recover against the Alience in her life time CHAP. 5. Rule 5. MErton 9 20. H. 3. A child borne before Marriage is a bastard albeit the common order of the Church be otherwise Stat. 9. H. 6. 11. No writ shall be awarded to the ordinary to certifie Bastardy before three Proclamations be made in Chancery in three moneths viz once every moneth that all persons who have any thing to object against the party for bastardy shall sue to the Ordinary for that purpose Rule 8. Merton 5. 10. H. 3. Usury shall not run against any within age from the time of the death of his Ancestor whose heir he is unto his lawfull age yet the principal with usury due before the Ancestors death shall be paid notwithstanding this Act. Rule 10. Stat. 32. H. 8. 33. The dying seised of a disseisor with force and without title taketh not away the entry of him and his heirs who at the time of such discent had good title of Entry unlesse the disseisor had peaceable possession by five years next after such disseisin Rule 14 Westm 2. 1 13 E. 1. The will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed so that they to whom the land was given under such condition viz. that if the donee or donees should die without issue that then the land should revert to the donor should have no power to alien the land so given but that it shall rename to their issue after their death or shall revert to the giver or his heirs if issue fail neither shall the second husband of any such woman being donee in tail from henceforth have any thing of the land so given upon condition after the death of his wife by the Law of England neither shall the issue of such husband and wife succeed in the inheritance but immediatly after the death of the husband and wife to whom the land was given it shall returne to their issue or to the giver or his
shall be put to answer to any offence committed before his admission to the Clergy wherupon Clergy is not allowable and wherof before he was not indicted and acquitted convicted or attainted and pardoned and shall be demeaned in all things as if he had never been admitted to his Clergie Stat. 18. El. 7. He that is allowed Clergie shall not be deliverd to the Ordinary but after burning in the hand shall be forthwith delivered by the Justices out of prison yet for further correction they may detain him in prison so as it be not above a year Rule 24. Westm 2. 12. One being acquitted upon an Appeal or Indictment of felony may have the abettors inquired and have a judicial writ for damages against them if the appellant be not sufficient Stat. 8. H. 6. 10. An Action upon the case given for him that is duely acquit by Verdict against every procurer of any judgment or appeal of treason felony or trespasse and like processe shall be therin as in a writ of trespasse vi armis Rule 37. Westm 2. 18. 13. E. 1. Where debt is recovered or knowledged in the Kings Court or damages awarded it shall be from henceforth in the election of the Plaintiffe to have a writ of Fieri facias unto the Sheriff to levie the debt upon the lands and chattels of the debtor or that the Sheriffe shall deliver to him all the chattels of the debtor except oxen and beasts of his Plough and the one half of his land until the debt be levied upon a reasonable price or extent And if he be put out of the land he shall recover it again by a writ of Novel disseisin and after that by a writ of redisseisin if need be Action Burnel 11. E. 1. A debt acknowledged to a Merchant before the Major of London York or Bristol or before a Major or Clerk appointed therunto by the King shall be enrolled and if it be not paid at the day the debtors moveables shall be prized and sold in satisfaction by the Major if he have any within his jurisdiction else by writ out of the Chancery upon a Certificate of the Recognizance thither The Apprisors are to take them at the price if they apprize them too high if the debtor have not moveables sufficient he shal be imprisoned until c. The like processes against pledges in default of sufficient movables of the principall Stat. de Mercatoribus 13. E. 1. A debt acknowledged to a Merchant before the Major of London or chief warden of the Town which the King shall appoint or other sufficient men when they cannot attend before a Clerk which the King shall assigne shall be enrolled and if it be not paid at the day the debtor if he be a Lay man shall be imprisoned by the Major untill c. if he be within their power else by writ out of the Chancery upon Certificate of the Recognisance thither And if he agree not with the Creditor within a quarter of a year after then all the lands which were the debtors the day of the Recognisance made and also his goods shal be delivered to the creditor upon a reasonable extent And of these lands so delivered the Conisee being ousted shal have an assize or redisseisin The writ out of Chancery shall be returnable before the Justices of either Bench and upon a non est inventus returned or that he is a Clerk writs to all the Sheriffes where he hath lands or goods shall go forth to deliver the same upon reasonable extent and to what Sheriff he wil to take his body The like Proces shal be against the pledges if the mony be not paid at the day If the debtor or pledges die the Creditor shal have execution upon the lands of the heir as at his ful age The Stat. of the Staple 27. E. 3. Stat. 28 the Major of the staple shall take recognisance of debt before himself and the Constables of the Staple whereupon default of payment being made the debtors body shal be imprisoned and his goods sold in satisfaction of the debt if they be within the Staple otherwise upon a Certificate in the Chancery a writ shall go out from thence to imprison his body and seize his lands and goods which shall be returned into the Chancery and execution therupon in all respects as in the Statute-Merchant save that the debtor shal have no advantage of the quarter of a Year Stat. 5. H. 4. 12. a Statute being once shewed in the Common Place and the processe afterwards discontinued yet execution may afterwards be awarded without showing it again Stat. 11. H. 6. 10. He that is in Prison upon a Recognisance shall not be delivered out of prison upon a scire facias against the party and surety found to the King alone but shall finde sureties severally as well to the King as to the other Partie Stat. 23. H. 8 6. Either of the Cheif Justices or in their absence out of the term the Major of the Staple of Westminster with the Recorder of London may take Recognisances and they shall be executed in all respects as a Statute Staple Stat. 27. El. 4 Every Statute Staple or Merchant not brought to the Clerk of Recognisances within 4 months next after the acknowledgement therof shall be void against all persons their heirs successors executors administrators and assigns onely which for good consideration shal after the acknowledging therof purchase the land or any part thereof lyable thereunto or any rent lease or profit out of the same Stat. 32. H. 8. 5. Lands lawfully delivered in execution upon a judgement Statute Merchant Staple or Recognisance being evicted without any fraud or default in the tenant before he have levied the whole debt and damages and Recoverer and Recognisee shall have a scire facias out of the same Court where execution was awarded returnable there full forty dayes after the date and therupon a new writ of execution of the nature of the former shall issue forth to levie the rest of his debt and damages if the defendant make default or shew no good matter in barre Mag. Cart. 8. 9. H. 3. The King shall not take the lands or rents of the debtor if he have sufficient chattels Mag. Cart. 18. The goods of the debtor may be attached after his death by the view of lawful men that nothing be medled with till the Kings debt paid Stat. 33. H. 8. 39. All obligations to the King shall be of the force of a Statute staple Rule 48. Westm 2. 45. 13. E. 1. For all things recorded before the Kings Justices or contained in fines as contracts Covenants Obligations Services or Customes acknowledged or any other things enrolled a writ of execution shall be within the yeer But after the yeer a Scire facias The like also is of a Mesne who by judgment or recognisance is bound to acquit CHAP. 47. Rule 9 Stat. 9. R. 2. 3. If tenant for life or in tail
be the Lords man In the doing whereof the Tenant must be ungirt uncovered kneel upon both knees and hold both his hands together between the Lords hands sitting before him XXX This is to be done to the Lord himselfe and but once during the Tenants life XXXI The Kings Chamberlain shall take homage for him XXIJ. When an Inheritance descendeth to Coperceners the eldest only shall do Homage XXXIIJ But if they hold of the King all of them must do it XXXIV When one and his Ancestors whose heire he is have held by homage of a Lord and his Ancestors whose heir the Lord is time out of mind and the Lord hath received homage that bindeth him to warrant and acquit the Tenant XXXV Suit of Court is a service by comming to the Lords Court And here Land in the Lords hands whereof severall men hold by Suit of Court is termed a Mannor but the Land considered apart from the service is termed Demesnes XXXIV The particular kinds of services whereby Lands of inheritance are distinguished are Soccage and Knight-service XXXVII Both draw unto them certain commodities to the Lord partly in the Tenants life and partly after his death XXXVII That in his life is reasonable Aide or Portion towards the making of the Lords eldest Son a Knight and towards the marrying of his eldest daughter XXXIX The other after his death are wardship and reliefe XL. Wardship is the custody of the body and land of the heir within age which shall be til fourteen of a woman XLI Relief is a Portion to be paid by the heir to the Lord. XLII Soccage is tenure to be done out of Ward XLIII Where the next of the kinne to whom the Inheritance cannot descend shall have the heirs wardship till fourteen to the heirs own use XLIV Here for releif the Lord shall have presently so much as one years rent amounts unto XLV Tenure by Soccage in Cheif giveth the King primer seisin or the value of that Land by a year if the heir be of the age of fourteen year at his ancestors death XLVI Knight service is a service touching Warre to be done by the body of a man XLVII To all Knight service Homage is incident XLVIII Here the Wardship is the Lords to his own use and that till 2â— of an heir malâ— XLIX The wife shall be barred of her Dower so long as she detained the heir from him L. Wardship of the body giveth the wards marriage to the Lord. LJ If one hold sundry Lands of diverse Lords the wardship of body goeth to the Lord of that Land which the tenant held first and this is termed Tenure by priority LIJ The King shall have the Wardship of the body though the tenure of him be by Posteriority LIIJ The eldest child being heir apparant to his father shall not be in ward for his body during his Fathers life LIV. Tenure by Knight service in cheif giveth to the King the Wardship of all other Lands also LV. It giveth him likewise Primer seisin or the value of them all by half a year if the heir were in Ward by a whole year if he were not which Pâ—imer seisin must be paid and relief also LVI Relief for Land holden by Knight-service amounteth to an C.s. for a whole Knights fee to a C. Marks for a Baronie and to a C. Pounds for an Earledome LVII If The heir be within age at the Tenants death no relief shall be paid to the Lords that are to have the Wardship LVIII Grand Serjancie viz. Tenure of the Kings person to do to him a more speciall service whatsoever by the person of a man is a speciall Knight service in chief where thâ— King in stead of relief shall have the value of the Land by a year LIX Rent charge is a Rent with Liberty to distrain CHAP. 8. Rent seck Common I. BAre Hereditaments concerning land for which no distresse can be taken are a Rent Seck and Common II A Rent Seck is a Rent without liberty to distrain III. When a rent is granted for equaliy of Partition amongst Coperceners this rent may be distrained for though no such liberty be granted IV. The grant of a Seigniorie Rent charge and Rent Secke as also of a Remainder or Reversion of any of these or of the land it selfe is nothing worth without Attornment viz. agreement of the tenant that presently must be charged V. In the grant of a reversion depending upon a Freehold the Attornment of the Freeholder is sufficient though he be not the Tenant that presently must be charged VI. Common is a profit to be taken in anothers Land CHAP. 9. Villenage Annuity Corodie Office I. BAre hereditaments that concern the person are meerly of the person himself or by reason of the person II. of the first sort are Villeins III. A Villein is such a servant as himself and whatsoever he possesseth is the Lords if he claim it IV. The Lord cannot sease his villein in the the Kings presence V. The children of a Villein are also Villeins VI. Villenage beginneth by confessing a mans self to be one in a Court of Record VII A Villein is manumitted or set free when the Lord enableth him to possesse any thing against himself VIII Those by reason of the person are Annuities and Corodies or Offices IX Annuitie is a yearly rent to be had of the person of the Grantor X. Corodie is a Portion for ones sustenance XI Office is a duty of attendance upon a charge CHAP. 10. Franchises I. BEsides the Hereditaments already handled there be certain other derived from the Kings Prerogative which are termed Franchises II. A Franchise is a Royall priviledge in the hand of a subject III. It may be forfeited by misusing of it IV. The kinds of Franchises are divers and almost infinite V. Of such sort are Warrens Markets Faires Toll of every buyer for things he buyeth there not being for his own expences and whatsoever liberties or commodities else that created at first by the Kings speciall grant or of their own nature belonging to him are given to common persons to have any manner of estate in CHAP. 11. Chattels Reall and Personall Testament Bailment Contracts Actions Arbitrement I. SUch then is the nature of an hereditament in his sundry sorts and kinds II. Chattels are possessions wherein there cannot be severall estates III. All ones Chattels whether in possession or that any is indebted to him in may be given away or devised by his Testament IV. Testament is the appointment of some person to administer them for him after his death who therefore is called an Executor V. the Executors must prove the Will to be a true one in the spirituall Court and be sworn to see it performed VI. If many Executors be made and one refuse yet he may administer at his pleasure VII But an Executor once administring can never refuse after VIII Executors must answer all certain duties of the Testator IX But so as duties
land XI This may be also of a rent or other profit out of land by disturbing him in the means of comming to it as XII In every rent Encloser and Forestaller XIII Encloser is when the tenant incloseth the land so as he cannot come to distrain or demand it XIV Forestaller is when the tenant besetteth the way with force and armes upon his comming XV. Of this nature is the menacing of him when for doubt of some bodily hurt he dare not come XVI In a rent service and rent charge Rescous and Replevin XVII Rescous when either the party having distrained the distresse is rescued or being upon the land to distrain cannot be suffered to do it XVIII Replevin is when an action of Replevin is brought upon a distresse taken XIX In a rent charge and rent seck Denier XX. Denier is when the rent being demanded upon the land is not paid XXV Usurpation is when the Church becommeth full by the presentment of a wrong Paâ—ron and the Institution of the pattie presented by the Ordinary XXII But against the King Induction onely doth it XXIII Of the second sort are Intrusion and Abâ—tement being of a free-hold in Law XXIV Intrusion which is after the death of the tenant for life XXV Abatment which is after the death of one that hath the Inheritance CHAP. 14. Trespass Menaces Assault false Imprisonment Battery Mayhem Rape I. SUch is the nature of an Offence without force II. An Offence with force is a Trespasse or an Offence against the Crown III. Trespasse is a criminall Offence punishable by a Fine to the King IV. For this the party must be imprisoned untill he do compound V. Trespasses touch Possessions or the person VI. Possessions when the wrong is done in them namely in Goods or Lands VII Trespasse in Goods is the wrongfull taking of them with pretence of Title VIII And therefore such a Trespas altereth the property of the Goods IX Trespasse in Land is when the Trespass is done upon the actuall possession thereof X. Beasts and other Chattels may be distrained by him that hath damage by them XI Hither belongeth Ejectment when a Termer for years of Land is ousted XII Here the King having possession none can put him out XIII Trespasses to the person are with pretence of violence or violence in deed XIV Pretence of violence as Menaces and Assaults XV. Menaces are threatning words of beating one or such like through fear whereof ones businesse is foreslowed XVI Assault is an unlawfull setting upon ones person XVII Hither belong lying in wait besetting his Mansion-house and not suffering his Servants to go in and out c. XVIII Violence in deed is false-imprisonment or bodily hurt XIX False-imprisonment is an unlawfull restraint of liberty XX. Bodily hurts are either outward violencies only or Rape XXI Outward violencies onely are Battery and Mayhem XXII Battery is the wrongfull beating of one XXIII Mayhem is the wrongfull spoyling of a member defensive in fight XXIV Rape is the carnall abusing of a woman against her will CHAP. 15. Offences against the Peace I. BEsides these Offences being for the most part twixt party and party there are other Offences to the damage of the publike in the nature of â—respasses and are tearmed Contempts II. These Offences are punished not only by fine but sometimes by corporall pain and sometimes by losse of member III. As the Common-wealth is a body politick which consists of the King as the Head and of his Subjects as the Members thereof so are these Offences to be distributed IV Publike Offences against the King are to disobey the Kings Command by his Writ or Proclamation to disobey any thing ordained by Statute c. V. And therefore the Sherif that serves not the first Writ makes a contempt VI. Publike Offences to the body of the Common-wealth are first those which trench against the domesticall safety thereof as against the heart of the Common-wealth VII which safty consists in this that there be paâ—domi and threfore here the offences are Rebellions Insurrections Riots Routs unlawfull assemblies breach of the Peace and good behaviour false newes Barratrie Eves-dropping c. Also all trespasses with force which may be prosecuted by Indictment as well as by the suit of the party grieved VIII An unlawfull assembly is when above the number of two assemble together with purpose to do some unlawfull act IX Rout when they set forwards to do it X. Riot when they do it in deed XI In the second place come the offences that are against the strength of the Realme and the defence thereof against forraign enemies as against the hands and armes of the Common-wealth XII Of this sort are these to send victual or armour beyond sea in comfort and aid of the Kings enemies To go beyond sea without the Kings license whereby the King and the Realme may be enfeebled c. CHAP. 16. Against Justice I. THe third sort are offences against the justice of the Realm as against the thighes and legs thereof as II. Judges which delay or pervert Justice III. Officers Negligent or corrupt who do not execute their offices as they ought to do IV. Goalers who by fear of punishment cause their prisoners to become provers to accuse others or teach the Lay-people in their custodie to read for the salvation of their lives V. Enditors who give warning to Enditees whereby the Council of the King and the Justices is discovered VI. He that by negligence or voluntarily suffers one under arrest to go at large VII· And here if the arrest be for felonie such voluntary escape is felonie VIII Hither also all manner of extortion in Officers is to be referred IX A Juror that appears and is challenged and afterwards when he is found indifferent and is called to be sworn makes default He shall be fined to the value of his land by the year X. All force against the Justice of the Realm XI The breaking of Prison and here if it be by the party himself it is felonie XII Rescous when a stranger or the party himself disturbes the arresting of a felon or other XIII Affrayes in disturbance of Justice as XIV Such as come forcibly into the Kings Court in affray of the peace so as the Jurors dare not give their Verdict XV. Such as are evil people to beat the people of the Court Jurors of Enquest or any other XVI To go armed in the Kings palace XVII He that strikes a man in Westminster-hall shall lose his right hand XVIII He that strikes a Juror in the presence of the Justice shall have the same punishment and besides shall suffer perpetuall imprisonment XIX Conventicles which comprehend conspirators and confederators XX. Such as receive people to their avowment to maintain them right or wrong XXI Maintenance when a man maintains a suit in law XXII Champarty when he maintains it to have part of the thing sued for XXIII Offences in savour of malefactors as
cannot use his Common XI These are to recover some real thing concerning hereditaments are a Curia claudenda or a covenant real and other writs sounding in that nature XII Curia claudenda lieth for a free-holder when one that hath a Close next adjoyning to him which he should keep inclosed will not do it XIII A writ of Covenant real lieth upon a Covenant to do a thing real as to levie a fine of Lands c. XIV Writs in the nature of a Covenant real are a writ of Mesne and a warrantia cartae XV. A writ of mesne lieth for the tenant against the mesne when the Lord Paramont doth destrain the tenant whom the mesne ought to acquit XVI A warrantia cartae lieth for him that hath lands or tenants warranted unto him XVII Here the warrantors hereditaments are liable to the warrantie from the time of the action brought XVIII Upon these writs a fine may be leived XIX A fine is the acknowledging of an hereditament in the Kings Court according to the covenant to be his right that doth complain XX. Here one of them must needs have such an estate at the time of the fine levied XX. That whereof the fine is levied or any thing contained in it may be granted back again to the Conisor by the same fine XXII Fines executed binde all persons if claim be not made within a year XXIII A Feme covert joyning with her husband is a fine it bindeh her for ever XXIV Therefore the Justices must examine her to see that she do it willingly XXV A grant by fine of a Seigniorie rent charge rent seck remainder or reversion is presently good saving for bringing actions that run in privity between the tenant and him CHAP. 30. An Assize of Novel Disseisin Nusance Darrein Presentment Juris utrum Partitione facienda Nuper objit Quo Jure I. THus much of real Praecipes Real Si fecerit te securum are an Assize and a Juris utrum or other II. An Assze is such a real plea meerly in possession III. And this is either an Assize of ones own possession and an Assize of Mordancester or an Assize of Darrein presentment IV. An Assize of ones own possession is an Assize of novel disseisin or an Assize of nusance V. An Assize of novel disseisin is for a free-holder against his disseisor whether it be of land or rent for the Bailiff of the disseisor if himself cannot be found VI This disseisin being of a rent charge or rent seck all the tenants of the land must be named though he were disseised by one tenant only VII If the lord distrain the tenant too often for the rent or services the tenant may have an Assize VIII An Assize of nusance is for him whose free-hold is spoiled by any nusance IX An Assize of his ancestors possession onely called an Assize of Mordancester is for the next heir upon an abatement after the death of his Father Mother Brother Sister uncle Aunt Nephew or Neece who was seized in demesn as of fee-simple the day of his death X. An Assize which may be either of his own or his ancestors possession called an assize of Darrein presentment is upon a disturbance when himself or his ancestor did last present XI A Juris utrum is such a real plea founded upon the right of a Parson or Vicar upon his predecessors alienation XII This is the nature of an Assize and Juris utrum These that follow are a partitione facienda and nuper obiit both which lye between privies in blood or a Quo jure XIII A Partitione facienda lyeth between Coparceners to compel partition to be made XIV Therfore here for equality of partition things that otherwise cannot may be granted without deed XV. A Nuper obiit lyeth against one privy in blood that entreth after the death of the Ancestor that died seised in demesne XVI A Quo jure lyeth for the Tenant of the land when one challengeth Common there to try whether in right he ought to have any or no. CHAP. 31. Debt Detinue Account Covenant I. THus far of reall Actions A personall Actioâ— is that wherein damages shall be recovered II. This Action being once suspended is gone foâ— ever III. Executors bringing such an Action must do iâ— in all their names as well of those that refuse administration as of rhe rest but an Action may be broughâ— only against those that do administer IV. In personall Actions growing in respect of â— possession in Common Tenants in Common are iâ— all respects as Joynt-tenants V. In personall Praecipes damages only shall be recovered where the thing it self cannot be had VI. Personall Praecipes quod Reddat's are debt anâ— detinue VII Debt when any thing is due upon a contract VIII If the debt be money due one from another iâ— their own right it is in the debet and detinet otherwiâ—â— in the detinet only IX When any of the Kings Goods come into a Subjeâ—â— hands his land at all times after is chargeable for the same into whose hands soever afterwards it comes X. Of this nature is a writ of Annuity which lieth for him that hath an Annuity be it money or other things as cloaths bread c. XI This writ is in the debet for any other thing as well as for money and not in the detinet therein differing from an action of debt XII Detinue is when any thing is with holden XIII Personal Praecipe quod faciats are an action of accompt and an action of covenant XIV An Action of accompt which is for an accompt to be made XV. The King may have it against Executors and so can no other XVI An Action of Covenant which is for a Covenant to be holden CHAP. 32. Personall Si fecerit Securum's I. PErsonal Si te fecerit Securum's are of things done without force or where force is coupled with it II. Of those without force some go not so far as breach of the peace others do break it III. Those that break not the peace are these that follow IV. Rationabili parte bonorum for the wife and children of one deceased to have their part of the goods V. Valore maritagii for Guardian in Knight-service when the heir at full age refuseth to satisfie him for his marriage VI. A writ of forfeiture of marriage which is to recover the double value against such an heir marrying himself within age without the Lords assent and at full age putting out the Lord. VII Intrusion of ward when the heir by Knight-service entreth and puteth out the Lord. VIII Ejectione custodiae for any Guardian by Knight service or soccage against a stranger ejecting him of the land or body of the heir or both IX Quare ejecit infra terminum for lessee for years against the feoffe in fee or for life of his lessor X. Here the term it self shall be recovered if it be not past XI Trespas upon the case of things not against the peace
of Court when one that hath agreed in the Kings Court to levie a fine is so feeble that he cannot travel XXXV The Cheif Justice of the Common Place may take the acknowledgment of a fine without any dedimus potestatem XXXVI Dedimus Potestatem de Atturnato faciendo for the Judges to admit an Atturney for one in a suit CHAP. 39. Improper Original Processe Prohibitorie I. PRohibitorie improper original writs are these that follow II. A Protection cum clausula nolumus to free ones possessions that nothing be taken against his will for the Kings businesse III. Parsons or other spirituall persons not to be charged to the payment of fifteens for goods in their possessions annexed to their Churches IV. Quod Clerici non elegantur in Officium Balivi for a Clerk not to be chosen an Officer for his lands V. A prohibition to forbid tenant in Dower or by courtesie of England or Guardian by Knight service oâ— in soccage to commit waste to the destruction of the Inheritance VI. A Quo minus for grantee of Estovers to restrain the grantor from committing waste so as he cannot haue estovers VII De exoneratione sectae for tenants by suit oâ— Court or other services that they be not distreined tâ— do the same for such time as they ought to hold the land discharged VIII De exonerando pro rata to discharge the tenaâ—â— of parcel of the Land according to the rate of hiâ— land when he is lawfully distreined for all the rent and services IX De essendo quieto de Tholonio to Officers not tâ— grieve spiritual persons and others that ought to be quit of paying of Toll Murage Pannage Pontage c X. De non ponendo in Juratis to discharge Peers oâ— the Realm and other persons priviledged from being of Juries unlesse their presence be for any speciall cause necessary XI Ne exeas regnum to the party himself to inhibit him from going into forreign parts without the Kings license CHAP. 40. The Count and Pleading I. THus far the beginning of a suit the Proceeding followes which hath two parts The Count and the Pleading II. A condition annexed to an estate of freehold cannot be alleadged in Count or pleading unless it be by Deed. III. The Count is a larger declaration of the substance of the original writ and therefore is usually termed Declaration IV. In reall actions which are in the right the demandant must alledge the taking of the-profits called Esplees in the declaration V. In stead of the Count a plaint shall be made in Assizes of novel disseisin and in writs of Dower a demand VI. Pleading is the parties debating of the suit VII Every plea must be offered to be proved true by saying in the plea Et hoc paratus esse verificare and this is termed an averment VIII An advantage of a matter which cannot be pleaded shall be saved by protesting not acknowledging it to be true although the matter pleaded passe against him IX Pleas are either of the defendant when he is first brought in to answer or the mutual pleas of both X. In a joynt action against two or more one of them appearing shall not answer till the other come in to answer or the suit be finished against him as by death outlawry c. XI An action by or against an Infant as heir shall not proceed till his full age unlesse it be apparant that by proceeding he cannot be prejudiced XII But in a writ of Dower an Infant heir shall not have his age XIII The defendants first pleas are dilatory or to the Action XIV Dilatory which are before any plea in Bar. XV. When an action is brought against many they must joyn in the plea if they inrend to plead these dilatories XVI Dilatory Pleas are exceptions or forein advantages XVII Exceptions are dilatories grounded upon the matter it self of the suit and are in disability or abatement XVIII Those in disability are to the jurisdiction or persoâ— both which must be before the Count. XIX To the jurisdiction when it is alledged that the Court ought not to hold plea of it XX. To the person when it is alledged that the Plaintiffe ought not to be answered as if he be outlawed excommunicated c. XXI But in case of excommunication the suit shall be put without day onely till he be absolved XXII Those in abatement are for any fault in the first matter of the suit XXIII For this cause the defendant may have Oyâ—â— of any thing tendred by the Plaintiffe and not being parcel of the Record as of the writ condition c. XXIV Pleas in abatement are to the Count first and then to the writ XXV Amongst Pleas to the writ exceptions thaâ— arise upon the view of the writ are to be pleaded before those that are forein as non-tenure several tenancy c. XXVI Pleas to the Count are for insufficiencie variance from the writ c. XXVII Pleas to the writ are for default of forâ— false Latine c. XXVIII By waging of law for non-summons in a praecipe quod reddar the writ shall abate XXIX In Assize of novel disseisin and nusance and in appeals of felonie and Juris utrum the defendant may have many pleas in abatement xxx The writ abating for some cause that can not be imputed to the Plaintiffes folly himself bringing another with speed in the same Court against the same party shall have all advantages of the former anâ— this is called a writ purchased by Journeys accompt xxxi Forain advantages are delayes without excepion to any thing as in all actions Oyer of the writ c. In real actions view aid prayer and voucher XXXII View is in real actions of the thing demanded or of the land whence it cometh when it is so necessary as without view the defendant cannot wel answer XXXIII Ayde prayer is for the tenant for life to request him that hath the inheritance to help him to plead so must the Incumbent pray in aid of the patron and Ordinary XXXIV Voucher is the calling in of one that should warrant to answer the action XXXV Here the voucher loosing the tenant shall recover in value against him any hereditaments that he had at the time â—f voucher XXXVI Therefore voucher is in liew of another action where the original processe is Summons ad Warrantizandum and then a Grand Cape ad valentiam XXXVII If one be vouched within age it is a summons ad habendum visum first and being awarded of full age a summons ad warrantizandum and Grand Cape as before XXXVIII But if he be awarded within age the parol shall demurre until his full age XXXIX If the summons ad warrantizandum or habendum visum be not served then a sequatur sub suo periculo is to go forth and if the tenant cannot get that served he looseth his warranty for it is sub periculo of the tenant XL. But in exchanges the hereditaments are liable from
when the Grand jury is taken and may plead in bar of the attaint but not in abatement of the writ XIX The Plaintiffe in the Attaint can give no more Evidence then was given at the first but the defendant in affirmance of the first verdict may XX. Audita querela is for one being or to be in execution to relieve him upon good matter of discharge which he hath no means to plead XXI The processe where the Audita querela is sued before execution is a venire facias and distresse and upon default after appearance and plea pleaded a distringas ad audiendum judicium for thereby judgment is to be given against him XXII In case of an Audita querela sued before execution he may have a supersedeas upon good matter of discharge surmised in the writ of Audita querela to stay for once the execution upon sureties XXIII After execution the processe is onely a Scire facias for if the processe should be by distresse infinite peradventure the partie should loose issues to keep the others body in perpetual prison FINIS STATUTES CHAP. I. Rule 1. IN the second Volume of old Statutes is a long Act made Anno 12 E 1. entituled Statuta Walliae whereby it appeareth that Wales was then incorporated into England there are also many good Lawes concerning the division of Wales into Counties also for trials of Actions together with divers formes of Writs and the proceeding thereupon much like the Lawes of England c. Stat. 27. H. 8. 26. Incorporateth Wales into England and the other Statutes that concern it are 28. E. 3 2. 9. H. 4. 4 2. H. 5. Stat. 2. 5. 26 H. 8 4. 26 H 8. 6 27 H. 8. 7. 33. H. 8. 13. 34. 35. H. 8 26. 18 El. 8. 27. El 9 Rule 35. Stat. 37. H. 8. 21. By assent of Ordinary Incumbent and Patron under their seales an union may be made of two Churches being not above six pounds yearly value in the Kings Books nor distant one from another above a mile saving to the King his tenths and first fruits Incorporate Towns it must be by assent of the Corporation If such a poor Parish will within a year assure by writing to the incumbent and his successors 8 l. yearly the union shall be void Rule 36. c. Magna Charta 36. 9 H. 3. If any shall give lands to a religious house the grant shall be void and the land forfeit to the Lord of the fee. Stat. of Glocester or de religiosis 7 E. 1. If lands be aliened in Mortmain the immediate Lord hath a year to enter the next Lord half a yeare and so from Lord to Lord till it come to the King Westm 2. 32. 13. E. 1. Ecclesiasticall persons being debarred by the former statutes to obtain lands in Mortmain by alienation endevoured fraudulently to obtain them by default in a suit And therefore in such case it as ordained by this statute that it should be enquired by the country whether or no the Demandant had just title and if so then he should recover seisin but if otherwise the Lord of the fee should enter as before West 2. 41. The King founder of a religious house may seize Lands which he gave them if they alien Ordinatio de perquirendis libertatibus 27. E. 1. Before licences are obtained to Amortize lands the writ Ad quod damnum shall issue out of the Chancery to inquire concerning the same c. The statute of Amortizing of Lands 34. E. 1. Lands shal not be aliened in Mortmain where there be mean lords without their consents declared under their seals neither shal any thing pass where the donor reserveth nothing to himself or where the inquisition is made and returned without warrant viz. without the writ Originall returned with the inquisition c. The statute of writs for making inquisitions of Land to be put in Mortmain Incerti temporis Writs of Ad quod damnum for amortizing lands shall not be granted but upon petition in full Parliament Stâ—tutum de Clero 3. 18 E. 3. If Prelates Clerks beneficed or other people of religion being impeached for purchasing lands in mortmaine shew the Kings charter of license process therupon made by an Inquest of Ad quod damnum or of the Kings grace or by fine they shall be in peace And albeit they cannot sufficiently shew that they have entred by due process licence to them granted yet they shall be well received to make a convenient fine for the same Stat. 15. R. 2. 5. Lands converted to a Church-yard or purchased to the use of any spirituall person Guilds or Fraternities or by a corporation shall be within the Statute of Glocester 7. E. 1. CHAP. 2. Rule 3 PRaecog Reg. 9. 17. E. 3. The King shal have the custody of the lands of naturall fools taking the profits thereof without waste and finding them necessaries and after their death shall render them to the right heir Praec Reg. 10. The King shall provide that the lands of lunaticks be safely kept without waste and that they and their families if they have any shall be maintained with the profits thereof and that the residue be kept for their use and delivered unto them when they become to be of right mind so as their lands shall not be aliened neither shall the king have any profit therof to his own use But if they dye in such estate the residue shall be distributed for their souls by the advice of the Ordinary Rule 4. Stat. 1. R. 3. 1. All grants conveyances recoveryes and other assurances made by Cesti que use being of full age Compos mentis and at large shall be good against him and all others claiming as his heir or heirs or to his use saving the right of all others Stat. 4. H. 7. 17. The heir of Cesty que use of Knight-service land shall be in ward and pay relief Stat. 19. H. 7. 15. execution upon judgment statute or recognizance shall be good against Cesty que use The heir of Cstey que use shall pay relief heriot c. Cesty que use being a Bond man the Land shall be seised by the Lord. Stat. 27. H 8. 10. Where any be seised to the use of trust of another Cesty que use or trust shall have the possession in such qualitie manner and condition as he had the use or trust so when any be seised to the use or intent that another shall have a yearly rent of the same lands Cesty que use of the rent shall be deemed in the possession thereof of like estate as he had that use Stat. 27. H. 8. 16. Bargaines and sales to raise an use of Inheritance or freehold must be by deed indented and inrolled within six moneths in a court of record at Wstem or in the County where the land lieth Rule 9. Stat. 50. E. 3. 6. Fraudulent Assurances of lands or goods to deceive Creditors shall be void and the creditors shall
seisin and damages and the plaintif shall be punished by Imprisonment at the discretion of the Iustices In like manner also shall the Iustices proceed in case the defendants proof is by deeds and releases for if the plaintif purchased the Assize contrary to his own deed he shall be punisht as aforesaid Stat. 7. R. 1. 10. An Assize of novel disseisin for 〈◊〉 issuing out of Lands in divers Counties shall be takeâ— in confinio comitatus as is used for Common of Pasâ—â—â— in one County appendant to tenements in another Stat. 1. H 4. 8. A speciall Assize is maintainable by the disseisee for such lands as are granted by the King patent without title first found by inquest for thâ— King without suit to be made to the King in that behalfe And if the pattentee pray in Aide of the King a procedendo shall also be granted without suit Here 〈◊〉 the Assize passe for the disseises he shall recover 〈◊〉 damages against the patentee Stat. H. 4. 8. If any make forcible entry into land by way of maintenance the Chancellor of England shall grant a special Assize without suing to the King and if the disseisor shall be attainted thereof he shaâ— suffer one whole yeares imprisonment and restorâ— double damages to the party grieved Stat. 21. H. 8. 3. The plaintif in Assize may abridgâ— his plaint of any part whereunto a bar is pleaded without prejudice to the residue Merton 3. 20. H. 3. A man disseised recovering his seisin by Assize of novel disseisin or confession of the party and having the same delivered him by the Sherif if he be again disseised of the same tenements by the same disseisor he shall have a writ of redisseisin to command the Sherif taking with him the Keeper of the pleas of the Crown and other Knights in proper person to go to the land c. and by the first Iurors or other lawfull men to make inquiry Howbeit this must not be without speciall commandment of the King The redisseisor shall be imprisoned Marlbr 8 52. H. 3 And not delivered without special command of the King and payment of a Fine Westm 2. 8. 13. E. 1. Writs of redisseisin must be inrolled in the Chancery and transcripts thereof shall be sent into the Exchequer Westm 2. 26. A writ of Redisseisin shall lie for them-that have recovered by default reddition or otherwise without recognition of assizes or Iuries The redisseisor shall answer double damages and not be reprevisable by common writ Rule 8. Westm 2. 24. 13. E. 1. Giveth an assize of nusance against him to whom the tenement is alienated after the nusance is made Stat. 6. R. 2. 3. The Plaintif if he will may have a writ of nusance in the nature of an Assise determinable before the Iustices or before the Iustices of Assize Rule 9. Magn. Cart. 12. Vide suprae Rule 2. Marlb 16. 52. H. 3. If the Lord will not render unto the heir the land when he comes to age without plea the heir shall recover his land by an Assize of Mortdancestor together with all his damages West 2. 4. 13 E. 1. If a woman haveing no right recover Dower against a Guardian the heir at full age shall have a Mortdancester aginst her Glocester 3. The heir shall have an Assize of Mortdancester if the tenant by eouttesie alien and leasâ— no Assets Glocester 6. All the heirs whereof one is Son oâ— Daughter Brother or Sister Nephew or Niece and the other in a further degree shall joyne in a Mortdancester Rule 10. Mag. Cart. 13. An Assize of Darrein presentment shall be alwayes taken before the Iustice of the Common place Rule 1â— Westm 2 24 13. E. 1. A writ of Juris utrâ—â— shall be granted to try whether free almes belong to one Church or another in case where they are transferred from one Church to another Rule 13. Stat. 31. H. 8 1. Iointenants and tenants in Common of an estate of Inheritance in their owne right or in the right of their wives in any Mannors Land c. may be compelled to make partition by writ de partitione facienda as Coparceners are compellable to do and afterwards shall have aid to deraigne the Warranty paramount and to recover pro rata as Coparceners after partition should Stat 32. H 8. 32. Iointenants and tenants in common that hold for life or years amongst themselves 〈◊〉 with others that have Inheritance or freehold in any Mannors lands c shall also be compelled to make partition by the said writ to be pursued upon their case Howbeit such partition shall not be prejudicial to any but the parties to such partition their executors and assignes CHAP. 31. Rule 3. STat. 9. E. 3. Stat. 1. 3. In a writ of debt brought against divers executors they shall have but one Essoine before appearance and another after appearance he or they that do first appeare in the Court at the grand distresse shall answer to the Plaintiffe and the plaintif if it passe for him shall have judgment and execution of the goods of the Testator against all named in the writ as well as if they had all pleaded Rule 7. Mag. Cart. 8. 9. H. 3. The pledges shall be free so long as the principal debtor is sufficient And they answering the debt shall have the lands and rents of the principall untill they be satisfied but note that this is meant of the Kings debtor Stat. 1 R. 2. 12. No Warden of the Fleet shall suffer any prisoner in execution to go out of prison by Mainprize Bail or Baston without making gree with the party unlesse by writ or other commandement of the King upon pain to lose his Office and the Creditor to have a writ of debt against him Stat. 23 H. 6. 10. Every Obligation taken by a Sheriff or his Ministers by colour of their office of any peâ—son in their Ward by course of Law shall be by the name of their office and upon condition that the prisoner appeared at the day and place mentioned in his Writ Bill or Warrant an Obligation in any other forme taken is void Stat. 32. H. 8 37. The Executors and Administrators of him that hath any rent or fee-farm in fee-simple fee-tail or for life shall have an Action of debt for the arrerages in the Testators life time against the tenants that should then have paid it or may distreine and make avowrie upon their matter in the lands so long as they remaine in the possession of the said tenant or of any claiming onely from him A husband seised of any such estate in any rent or fee-farm in his wives right shall after her death himself also his executors or administrators have the same remedy for arrerages due in her life So likewise of him his executors or administrators that hath a rent or fee-farme during anothers life and Cesty qui viâ— dye the same being unpaid Rule 9. Stat. 13. El. 4. The lands profits and hereditaments of
Leviable by distresse as A Seigniory which is a Service whereby Land is holden and such Services are Common to all certain Estates Fealty Rent service Hither also may be referred Frankalmoigne and Divine Service Proper to Inheritance Generall Homage Suit of Court Particular whereby Lands are distinguished The Services themselves Soccage Knight-seâ—vice In the Lords life-time as reasonable Ayde After his death as Wardship and Releif A Rent charge which is a Rent with liberty to distrain upon the Grant or Reservation of a certain Rent to be issuing out of Land Such as cannot be distrained for Tab. 8. The persons Tab. 9. TABLE 8. A bare Hereditament concerning Land for which no distresse can be taken is Rent-seck which is a Rent without liberty to distrain Common which is a profit to be taken in anothers land whither also may be referred Estovers Houseboot c. Also a way over Land liberty to Fish Hunt draw water or the like TABLE 9. A bare Hereditament that concerns the person is Of the person himselfe as a Villaine By reason of the person viz. An Annuity which is a yearly Rent to be had of the person of the Grantor A Corody which is a portion for ones sustenance or cloathing An Office which is a duty of attendance upon a charge TABLE 10. A Prerogative hereditament which is derived from the Kings Prerogative and is termed a Franchise being a Royall priviledge in the hands of a Subject as Markets Fairs Toll and whatsoever liberties else which created at first by the Kings special Grant or of their own nature belonging to him are given to a common person to have an estate in Of this sort also are Execution and return of Writs forfeited Recognizances Fines Post-fines Issues Amerciaments and other Green wax money within such a Precinct or Liberty Also power there to make a Coroner Clerk of the Market and other Officers to have therein Treasure Trove Deodands Wreck of the Sea Waifes Estrayes the goods of Felons and outlawed persons Royall mines Royall Fish to keep a Leet to take Conusance of Fines to hold plea of debts and damages Sans summe and the like TABLE 11. A Chattel wherein their cannot be several Estates whereof consider The common Affection viz. That all ones own Chattels whether in possession or action as debts c. may be devised by Testament which is the appointment of an Executor to administer them for him after his death The severall kinds and so it is Reall as a Term for years or Wardship Personall to which divers things belong In generall Bailment which is the delivery of goods To keep when only the custody is committed to him and that is A simple bailment when he receiveth them to keep for another A Pledge when he receiveth them for another thing had of him at the time To employ as when the Bailee hath the things to use for anothers profit Contract which is a mutuall agreement for the very property of Personal things In particular viz. for the Interest of things uncertain as Accord which is an agrement of the parties themselves upon satisfaction executed Arbitrement which is an Award of satisfaction by others TABLE 12. Punishment of Offences which are Without force as Trespass upon the Case Common as Misuses when by wrong one is endamaged as by slander or the like amongst which serve Disturbance which is the hindring of that which belongeth to one to do Nusanee which is an annoyance done to ones Hereditament Deceit when the damage groweth by an undue sleight or the like Conspiracy to do one wrong or the like Offences in the nature of Trespasses upon the Case which are by the Kings Prerogative punishable like to them viz. by amerciament as Non-suit in an action Fault in the Original Writ he brings Or by the Sheriff in the return thereof making default when he should appear And whatsoever other Offences not being with force which offer no direct injury to a common person Reall wrong Tab. 13. Coupled with force Tab. 14. TABLE 13. A reall wroÌ„g is Discontinuance when one having an Estate Tail or Fee-simple in anothers right maketh a large Estate of the Land then he may Ouster when one is put out of his Free-hold Indeed as by Disseisin of Land when one is put or held out by a forcible Entry Detainer Rent as In every rent by Incloser Forstaller In rent service rent charge by Rescous Replevin In rent-charge rent-seck by denyer Usurpation when the Church becometh full by the presentment of a wrong Patron In Law as by Intrusion which is after the death of the Tenant for life Abatement which is after the death of one that had the Inheritance TABLE 14. Wrongs coupled with force and they are Not punishable by death Trespasses and they touch Possessions as in Goods which is the wrongfull taking of them with pretence of Title Land when it is done upon an actual possession thereof The person and so Trespasses are With preteÌ„ce of violence as Menaces which are threatning words of beating one or the like Assault which is an unlawfull setting upon ones person With violence indeed as False Imprisonment which is an unlawfull restraint of liberty Bodily hurts and they are Outward violencies Battery which is the wrongful beating of one Maime which is the wrongful spoyling of a member defensable in fight Rape which is the carnall abusing of a woman against her will Offences against the Publike Tab. 15. Punishable by death Tab. 19. TABLE 15. Offences against the publike termed Contempts may be committed either Against the King as 1. To disobey the Kings Command By his Writ By his Proclamation 2. Disobey any thing ordained by Statute Against the Common-wealth viz. against 1. The peace thereof as Riots Routs unlawfull Assemblies breach of the Peace and Good behaviour false news Barreting Evâ—s-dropping c. Also all Trespasses with force for which a man may be both indicted and prosecuted at Law by the Suit of the Party 2. The strengh as to send aide to the Kings Enemies to go beyond Sea without the Kings Licence c. 3. The Justice Tab. 16. 4. The Wealth Tab. 17. 5. The Passages Tab. 18. TABLE 16. 3. Publick Offences against the Justice of the Common-wealth as 1 Perverting of Justice as corrupt Judges who pervert Justice corrupt or negligent Officers Enditors corrupt Jurors Extortion Escapes negligent and voluntary c. 2 All force against the Justice of the Realm as Rescous of a Felon or others Affairs in disturbance of Justice to go armed in the Kings Palace To strike in Westminster Hall for which he shall loose his right hand so shall he that strikes a Juror in the presence of the Justices and be also committed to perpetuall Imprisonment 3. Conventicles which comprehend conspirators and Confederators Maintenance Champerty c. 4 Offences in favour of Malefactors as Misprisions of Treason or Felony which for Treason is perpetuall Imprisonment Theft-boot when a man receives his goods
of him when the Tenant in a Court of Record disclaimeth to hold of him TABLE 29. A reall Praecipe quod faciat which is either to recover an Heredittament and this is either In respect of a Seigniory A Writ de consuetudinibus servitiis Secta ad molendinum To recover some other Herediament A Quare Impedit A Quod permittat A Curia claudenda Some reall thing that concerns an Hereditament as A Writ of Covenant as to levie a Fine of Lands c. Writs in the nature of a Covenant reall A Writ of Mesne A Warrantia Cartae TABLE 30. A reall Si fecerit te securum An Assise Of his own possession as An Assise of Novell Dâ—seisin An Assise of Nusance Of his Ancestors Possession as an Asise of Mortdancestor Either of his own or his Ancestors posession as an Assise of Darrein presentment A Juris utrum for a Parson or Vicar upoâ— his Predecessors alienation Others Such as be between Privies in blood as A Partitione faâ—enda A Nuper obiit A Quo jure to try for Common TABLE 31. A personal Originall Writ is also A Praecipe A Praecipe quod reddat Debt and a Writ of Annuity Detinue A Praecipe quod faciat An Action oâ— Account An Action of Covenant A Si fecerit te securum Tab 32 TABLE 32. A personal si fecerit te securum which is Without force Where the peace is not broken 1 Rationabili parte bonorum 2. Valore Maritagii 3 VVrit or forfeiture of marriage 4 Intrusion of VVard 5 Ejectione custodiae 6 Quare ejecit infra terminum 7 Trespasses upon the Case not against the Peace Where the Peace is broken yet not Vi as An Action of Deceit An Action of Conspiracy With force An Action of Trespass Speciall Actions of Trespass as De parco fracto Rescous Ejectione firmae TABLE 33. An Appeal which concerneth life and is the parties private Action prosecuting also for the Crown in respect of a Felony and this is given only to the Heir of the party slain TABLE 34. A Commissionall Writ which is either Commissionary as A Writ of right Patent A Justiciis An assise of petty Nusance Admeasurement of Dower Admeasurement of Pasture A Nativo habendo A Rationabilibus divisis A Homine reâ—legiando A Replevin Also many of the Actions thâ—â— went before as Consueâ—â—â— nibus Servitiis Secta 〈◊〉 molendinum Quod permitâ—â— Mesne Dower Unde 〈◊〉 habet Annuity Debt Detinue Covenant Trespasâ— c to what summâ— soevâ—â— be brought and also deteâ—mined in the County by Jâ—stices Meer Commissions as Oyer and Terminer Association Si non omnes Ad quod damnum Perambulatione faciâ— de TABLE 35. In Courts that hold plea without original Writ the Suit may be by Plaint in matters that conceâ—â— Common pleas Bill in Pleas of the Crown aâ— Officers of any Court by pâ—â—viledge may sue or be 〈◊〉 there and not elsewhere by 〈◊〉 TABLE 36. Suits for the King are A Quo warranto for the trying of the right of Franchises As inquiry by a Jury which is an Office to entitle the King to som Possession wherof consider The severall wayes how it may be found viz. Virtute officii brevis Commissionis The severall Writs or Commissions used therein concerning a Wardship viz For finding of it Diem clausit extremum within the year after the â—enants death Mandamus after the year Devenerunt when the Ancestor dyed in Ward to the King For mending it Quae plura Melius Inquirendum Datum est nobis intelligi For discharge of it An Aetate probanda A Writ of Livery for Lands in Capite An Ouster le main for other Knight-service Lands How the party may be releived against it By Traverse or Monstrans de droit when the King is entitled by Office only By Petition when he is intitled by double matter of Record as when the Office finds an Attainder of Treason or the like Presentment or Indictment to find an Offence against the King and for penall Lawes an Information TABLE 37. The Originall Process which is Proper Single By the Possessions By the Land In all reall Praecipes quod reddat Summons iâ— Land Grand cape iâ— seise it into the Kings hands A Mortdancester juris utrum daâ—rein presentment Summons Re-summons upon default the Inquest awarded By the Goods as in Assises of noveâ— Disseisin Nusance Attachmeâ—â— by the defendants goods which hâ— shall lose if he appear not and up on default the Inquest awarded By the person in Mayhem Felony and Treason Cap. Exig Outlawry Mixt By the goods and lands In all other reall Actions and in all personal Actions except Trespas offences against the publike and also in all Justicies Summons bâ— the Goods Attachment Distress Infâ—nite and â—sues of the Land In all Trespasses upon the Case except Deceit and conspiracy and in all Offences in the nature of Trespasses upon the Case Attachment Distresâ— infinitâ— and iâ—sues By the goods and person as in Trespaâ—â— vi Deceit Conspiracy and Offence against the publike Attachment Dâ—stress infinite and upon nihil returne 3. Capias Exigent Outlawry Improper Tab. 38. TABLE 38. Improper which is not to bring any matter into Plea or solemn Action but only to do or leave undone something and in is Commandatorie as Dote assignanda Homagio capiendo Scutagio habendo De Corrodio habendo De Annua pensione hab De Libertatibus alloc De executione Judicii De restitutione Temporalium De securitate pacis De vi laica removenda Of cleansing Streets De excommunicato capiendo De excommunicato deliberando De leproso amovendo De cautione admittenda De haeretico comburendo De Coronatore exonerando De Coronatore eligendo De exoner viâ— forest De Electione viâ— forest A Writ for the Royall Assent to elect an Abbot De securitate invenienda All Dedimus potestatems de fine leuando de attornato faciendo c. Prohibitory Tab. 39. TABLE 39. Prohibitory as 1 A Protection cum clausula nolumus to free ones Possessions that nothing be taken against his will for the Kings business 2 To discharge Spirituall Persons of Fiâ—teens 3 Quod clerici non eligantur in Officium Bâ—livi c 4 To forbid Tenant in Dower by the Curtesie or Guardian by Knight service oâ— in Soccage to commit VVast to the destruction of the Inheritance 5 A Quo minus for Grantee of Estover to restrain the Grantors from committing VVast so as he cannot have his Estovers 6 De exoneratione sectae for Tenants by Suit of Court or other Services that they be not distrained to do the same for such tiâ—â— as they ought to hold the Land discharged 7 Dâ— deonerando pro rata to discharge the Tenant of parcell of the Land according 〈◊〉 the rate of his Land when he iâ— lawfullâ— distrained for all the Rent and Services 8. De essendo quieto de Thelonio 9. De non ponendo in Juratis 10. Ne exeas
that grow by specialties are to be answered before other duties and legacies to be last of all delivered X In these devises the Testators intent standing with the rules of Law shall be taken XI The Executor of an Executor is Executor to the fi st Testator XII If no Will be made the Ordinary shall administer all the Chattels that were in his possession XIII But whether any Will be made or no his wife and such children as are not advanced by him in his life shall have a part to their own use viz. one third of all after the debts paid to his wife and another third part to his children This seems to be the ancient Common Law by Mag. Charta cap. 18. See F. N Br. 122. l. XIV Chattels are real or personal XV. Real as terms for years and Wardship XVI Personall as Plate Jewels Gold Silver Implements of Houshould Cattel and all goods and movables whatsoever corn sown upon the ground c. XVII The owner-ship of a Chattel personal is termed a property which of wild beasts cannot be in any nor after they are made tame longer then they remain in ones possession XVIII Treasure in the earth and Treasure Trove or Coin being found is the Kings XIX Cattel also that stray into anothers land are the Kings after a year and a day if being proclaimed at the Market in two severall Towns next adjoyning the owner do not claim them XX. Goods wrecked are also his XXI The King being Tenant in Common of an intire Chattel personall shall have the whole XXII Goods that belong to an Alien enemy any body may seize to his own use XXIII The taking of goods by an Alien enemy in Battail devesteth the property from the owner if he come not before Sun-set to claim them XXIV Church-wardens are enabled to have goods to the behoof of the parish XXV To Chattels personal Bailment and Contract do belong XXVI Bailment is a delivery of goods in possession and is either to keep or to imploy XXVII To keep when onely the Custodie is committed to him and is a simple Bailment or pledge XXVIII A simple Bailment when he receiveth them to keep for another whether it be for the Bailer to re-deliver him again or for a stranger to bail them over to him XXIX A Pledge is when he received them in assurance for another thing had of him at the time XXX The Bailment of goods to imploy is when the Bailee hath the things themselves to use to anothers profit XXXI Contract is a mutuall agreement for the very property of personall things XXXII Here the duty growing upon it cannot be apportioned XXXIII Of this kinde of contracts are buying and selling borrowing and lending and such like XXXIV The sale of another mans goods in Market overt altereth the propertie if toll be paid for them XXXV Hither belong certain as it were Contracts in law though not arising from the special agreement of the parties as Trover and conversion c. XXXVI These are the things that belong to Chattels personal in generall for the interest of personal things uncertain Accord and Arbitrement lie XXXVII Accord is an agreement between the parties themselves upon a satisfaction executed XXXVII Arbitrement is an award of satifaction by others whom they choose to judge between them XXXIX The award of a personal Chattel altereth the property thereof CHAP. 12. Trespasse upon the Case I. WE have hitherto spoken of possessions being the first and hardest part of the law The other remaineth which ministreth justice in the punishment of offences II. An offence is the doing of any wrong and it is a wrong without force or to the which force is coupled III. In those of the first kinde the offender is to be amerced viz. to pay a petty sum of money to the King and if he be a Peer of the Realm then C. S. IV. The Kings wife shall never be amerced V. Offences without force are Trespasses upon the case or Real wrongs VI. Trespasse upon the case is such an offence whereby any thing is endamaged and it is a misuser or deceit and conspiracie VII Misuser when by meer wrong it is endammaged VIII Of this kinde there be many and those of divers sorts as if a man maliciously utter any false slander to the endangering of one in law IX The touching of him with some heinous crime X. The impairing his trade of life VI. If one having another mans goods convert them to his own use XII If a Sheriffe suffer one in execution for debt to go at large XIII If a Smith prick my horse or kill him in cure XIV If being committed to the Gaole the Gaoler of malice puts upon me so many Irons or otherwise useth me so hardly that I become lame thereby c XV. But two above the rest do here require more especial consideration viz. Disturbance and Nusance XVI Disturbance is the hindring of that which in right belongeth to one to do XVII Nusance is annoyance done to ones hereditament XVIII All manner of Nusances are to be removed and common nusances any man may pull down XIX Deceit is when the damage groweth by an under slight As if in play one win anothers money by false dice or if he that selleth any thing do upon the sale warrant it to be thus and thus whereby the other is deceived XX. Conspiracie is where two or more conspire to do one wrong or the like XXI There are certain other offences against the Law which are in the nature of trespasses upon the case and by the Kings prerogative punishable like to them XXII Of this sort are Nonsuit in an action fault in the Original writ or by the Sheriffe in the return of a writ making default when he should appear and whatsoever other offences not being with force and armes which offer no direct injury to a common person CHAP. 13. Discontinuance Disseisin Vsurpation Intrusion Abatement I. HItherto of Trespasses upon the case Aâ— reall wrong is that which medleth with the Free-hold otherwise then it ought II. A reall wrong is a discontinuance or an Ouster III. Discontinuance is when he that hath an estate Tail or a Fee-simple in an others right maketh a larger estate of the land then he may IV. Warrantie of an estate of Inheritance or for life descending upon him that ought to have such an estate maketh a discontinuance V. Discontinuance taketh away the entry of those that come to have title after the death of the discontinuer VI. If he whose entry is barred by a descent or discontinuance have the Free-hold cast upon him by a new title he shall be in of his ancient title which is termed a Remitter VII Ouster is when the Free-holder is put out VIII This Ouster is of a Free-hold in deed or in land IX Of the first sort are Disseisin and Usurpation X. Disseisin is the Ousting of him that hath free-hold in deed by putting or holding him out of the