hath once affirmed of record in a Court of Record nor affirme that which he hath once denied of record in a Court of Record nor that whereof he wilfully estopped or excluded himselfe by deed indented or otherwise As if a daughter which is sole heire to her father sue liuerie with her bastard sister she is remedilesse by law D. S. lib. 1. cap. 19. If a thing be found by verdict against trueth before iudgement D. S. lib. 1. cap. 19. Where the cause of the law ceaseth the law also ceaseth in conscience As lessee for yeares recouereth by iudgement treble damages for a trespas of wast done by an estranger And he in the reuersion dieth before his action of wast be ended yet in conscience he ought to sue execution for his single damages for he had no more hurt thereby D. S. lib. 1. cap. 19. A Law grouÌ„ded vpon a false presumption is not to be holden in conscience D. S. lib. 1. cap. 19. Conscience may not preuaile against a lawfull Custome either generall or particuler As in discents of lands to the eldest sonne by the common Law to the yongest by Borough English and to al by Gauelkind D. S. lib. 1. cap. 19. So if a man without consideration make a deede of feoffement of two acres of land lying each in a seuerall Shire and make liuery of seisin in th one acre onely in the name of both that wherein liuerie of seisin was made onely passeth in law and conscience Doct. St. lib. 1. cap. 20. If one Iointenant of a wood sell the wood and keepe all the money receiued for it wholly to himself his fellow may haue remedy in Chancerie lib. 1. cap. 19. And so it seemeth if they were Iointenants in common or Coparceners of other things If a common person of his mere motion without other consideratioÌ„ make a feoffement of a manor without these words with the appurtenances he hath right onely to the demeanes and coÌ„mons and rents of the attournement but neither to Aduowson appendant nor villein regardant But in the Kings case notwithstanding the words with thappurtenances were in the graunt yet neither Aduowsons nor Villeines do passe either by Law or conscience vnlesse they be especially named D. S. Lib. 1. cap. 19. 6. E. 3. 286. Regist fol. 228. Fundamenta Legum fol. 70. 43. E. 3. 22. If a lease for yeares be reseruing rent with a clause of reentrie the rent is behind the lessor dieth before demaund the heire can neither enter by law nor consciâ—â—e Otherwise if he made a lawfull demaund thereof D. S. lib. 1. cap. 20. If tenant in Dower sow the land and die before the Corne be reaped hir executors shall haue the Corne but not the grasse nor other fruits D. S. Lib. 1. cap. 20. If tenant for life or tenant in taile after possibilitie of issue alien in fee he in the reuersion or remainder may enter and haue the land by the forfeiture in law and conscience D. S. Lib. 1. cap. 20. 45. E. 3. 3. Euery Law ordeined for the disposition of lands or goods contrarie neither to the Law of God nor to the Law of Reason bindeth in the Court of Conscience D. S. Lib. 1. cap. 20. Whether one of the age of xx yeares who hauing reason and wisdome to gouerne himselfe selleth his land for money and therewith buy other lands of better value and taketh the profits thereof may haue his first land againe in conscience as he may in law repaying the money which he receiued Yet seemeth he may because the contract is insufficient by reason of the infancy D. S. lib. 1. cap. 21. If a man sell his land by a sufficient and lawfull contract though he want liuerie or attournement or such other solempnities of the Law yet the sellor is compelable in the Chauncerie to performe the contract D. S. lib. 1. cap. 21. If the tenant for life impanelled on an Inquest loose issues die they are leuiable by law on him in the reuersioÌ„ And so be the husbands issues after his death vpon the wiues land and as it seemeth in Conscience for the necessitie of the execution of Iustice D. S. lib. 2. cap. 21. No man is bound in Conscience to pay the penaltie of a penall statute nor other penaltie vntill it be lawfully recouered against him D. S. lib. 1. cap. 23. If A. infeoffe B. in fee of land vpon condition that if he infeoffe any other that A. and his heires may enter this condition seemeth void in Law and Conscience because it is contrary to the Maximes of the law notwithstaÌ„ding thintent of the parties for thintent must be ordered by law if it be not it is void as by a feoffement of lands without recompence to A. for euer he hath estate for life onely for want of the woord heires And a Lease to A. his heires for xx yeares shall go to his executors because it is a chattel so by feoffement without recoÌ„pence to a man his wife a third person the husband wife take only the moitie because they are but one person in law D. S. lib. 1. cap. 24. A fine with proclamation no claime within v. yeres extinguisheth the right of all estrangers aswell of the parties by law And by Conscience also as it seemeth because thereby the right and title is made certaine and thereby the common wealth more quiet and it is not contrarie to Gods law Doct. St. 25. Common recouery with vouchers vpon writs of Entre orderly pursued and no recouery in value to be had in deed barre thissue in taile in law 23. H. 8. Br. Taile 23. 14. E. 4. 14. 19. 13. E. 4. 1. And in conscience as it seemeth for as the intailes are made by law West 2. ca. 1. euen so by law may they be adnulled And such Lawes as concerne right or propertie to things and be not contrarie to the lawes of God or of reason are good in conscience D. S. lib. 1. cap. 6. If a disseisor giue the lands to I. S. in taile he graunteth vnto the disseisee rent out of the same lands in consideration wherof the disseisee releaseth his right this graunt bindeth the issue in taile for euer in law and conscience because this release doth confirme his estate which the disseisee might else haue defeated D. S. Lib. 1. cap. 27. 44. E. 3. 22. If the bodie of a debtor that hath nothing be by iudgement imprisoned vntill he pay his debt hee seemeth remedylesse in Conscience D. S. lib. 1. cap. 29. A recouerie with vouchers of an annuitie intailed bindeth thissue in taile neither in law nor conscience because a writ of Entre doth not lie for an Annuity nor any other writ then only a writ of Annuity against the person of the grantor or his heire hauing assets by discent Or against a Corporation if it be graunted to be perceiued out of their cofers for that an Annuitie is no freehold in
in 3. partes deuided of 8. acres of land c. 35 Of a personage impropriate 36 Of a mannor of rent and free foldage for sheepe 37 A writte of Couenant of diuers seuerall things 37 A writ of couenant of Tithes 38 A writ oâ— couenant of the Scite of a Monastery 39 A writ of couenant of diuers things 40 A writ of couenant of Dismes and Tithes 41 A writ of couenant of a personage c. 42 A Releas by fine of one to two 43 A fine vpon cognizaunce de droit by the husband and wife to two 44 by Baron and feme and an other 45 Of a parcell in reuersion by a copercener 46. Of a mannor to an Archbushop and an other 47 A concord from 2. to 1. with special warrantie 48 Vpon cognizaÌ„ce of right as that c. with releas and warrantie by c. 49 A concord of many things together sur cognizance de droit come ceo c. 50 A fine of a rent 51 Of the third part of a rent 52 A praecipe with an exceptioÌ„ of some parcels 53 A writ of couenant brought by 3. against 3 of a mannor c. 54 A concord with a â—ender for life the remÌ„ to the 1. 2. c. sons of the cognisor 55 A fine of homage rent and seruices 56 Of a mannor knights fees seruices 57 An old fine in fraÌ„â—kalmoâ—gne before Iustices in Eâ—re 58 A fine of lands in the countie Palantine of Lancaster 59 A lease for yeares reseruing a rent by graunt 60 A lease for yeares rendring rent with a render and a distresse 61 A lease for yeeres sauing the reuercion 62 A lease by tenant for life for 21. yeares if she liue so long 63 A lease for 21. yeeres c reseruing a rent the cognisees grauÌ„t back the samâ— reuersion and rent 64 A fine of a remÌ„ for yeeres reseruing rent c. 65 A lease in reuercion paying a rent 66 A lease to diuers for yeeres if the parties liue so long reseruing a rent and c. 67 A lease reseruing rent with a nomine penae and a distrâ—sse 68 A fine with graunt and render for life without impeachment of wast and for c. 69 A render for life with diuers remainders ouer 70 A lease for life with remÌ„ ouer 71 A fine of landes bought by the husband which are regraunted by him to the Cognizors for his wifes life 72 A concord of diuers tenements rents Rectory and aduowson with the moity of a mill 73 A Fine of a fourth part to two 74 Of landes parte in posâ—ession and parte in Reuercion of a third part for c. 75 Graunt and render of a reuercion of a moytie 76 A render to the Cognisor for one weeke remainder to a straunger for life remainder to his wife for life vpon condicion with diuers remainders ouer 77 A fine of two reuersions 78 To the cognisee and his wife in speciall tayle with warrantie in tayle 79 A grant with a reÌ„der back againe for life with remainder in tayle diuiding the landes 80 A Fine to entayle lands to the heires of one deceased 81 A graunt to the Cognizee ' for lyfe of the tenant for lyfe with waâ—â— antie a render to the Cognisor for his wiues life to conuey her title to her husbaÌ„d 82 A Fine of a moytie of diuers thinges in possession and of a reuercion in fee. 83 A graunt of lands to two who render to the Conusor in taile the remainder to the Queene and her Successors 84 A graunt of landes in tayle to be holden of the grauntor in Socage 85 A graunt of landes in tayle to be holden of the grauntor by suite of Court and vâ— s. rent 86 A Fine sur releas of knights seruice â—astle garde and murage vpon a writ of customes and seruices 87 Of a mannor in possession and other laÌ„ds in reuereion 88 Of lands part in possession and part in reuercion with a render againe to the conusor and there heires 89 For a reuercion of a rent 90 A concorde of a reuercion for a rent 91 Of rent seruice 92 The husbande and wife sell the wiues iointure absolutely to him in reuercion 93 Tenant for lyfe maketh a lease reseruing a rent during her life 24 A Fine of a Reuercion 95 A Fine of a rent graunted for life with a clause of distresse for the same 96 Of seuerall rents graunted out of a mannor 97 Of a rent with a nomine penae 98 A Fine in fee farme yeelding a rent with a distresse 99 A Fine in fee farme rendring rent suit of court herriot after decease recease and alâ—enacion 100 A Fine in fee farme rendring a rent with a nomine penae 101 By the husband and wife to the husband and wife with render 102 A writte of Couenant for the Queene 103 ✿ A Fine of diuers things with warrantie against all men 104 ✿ A Fine with generall warrantie with a regraunt and render of the premisses by the conusees to the conusors 105 ✿ A Fine with generall warrantie from the conusors of two partes in 3. partes deuided of dâ—uers seueral parcels 106 ✿ A Fine with generall waâ—rantie with graunt and render by the conusees to one of the conusors of parcell of the premiss with diuers remÌ„ ouer of other parcels reseruing a reÌ„t with a clause of distresâ—e for non payment 107 ✿ A fine with warrantie with graunt and render of all mines of coales with libertie to digge 108 ✿ Of the 3. part of seueral things with generall warrantie for life rendring rent with a clause of distres with a grant render of the reuercion in fee. 109 ✿ Of a maÌ„nor with a regrant of xij li. out of the same mannor and afterwards of the whole mannor in fee. 110 ✿ Of diuers things with warraÌ„tie against the conusor and his wife and the heirs of the husband 111 ✿ A Fine with two seuerall warranties 112 ✿ A Fine of diuers thinges with generall warrantie 113 ✿ With generall warrantie in generall taile and for default of heire male to diuers others of the name and kindred of the conusor 114 ✿ A Fine knowledged before the Iustices of Chester of diuers things with warrantie 115 ✿ By an Earle his wife of diuers things 116 ✿ With graunt and render to the wife of one of the conusors for yeeres reÌ„dring rent with a clause of distres with a grâ—t afterwards of the reuercion in fee. 117 ✿ By 2. to 1. with generall warrantie 118 ✿ Of diuers thinges with seuerall warrÌ„ 119 ✿ A Fine to 2. of diuers things with warrÌ„ 120 ✿ By 2. husbands and their wiues with seuerall warrÌ„ 121 ✿ By the husband and the wife of diuers things with warrantie 122 ✿ Of a rent issuing out of diuers mannors 123 ✿ A fine with grant and render for yeâ—res to beginne at a time to come reseruing a rent with a graunt of the reuercion to c. 124 ✿ A Fine of
Fines may be leuied ANd touching the things whereof fines are leuiable we are first to Sect 25. consider the nature of the things themselues whether they will passe in fines or no And then of their names by which they may passe or not And howe they may bee in order placed in the writs Fines therefore may be leuied of all things inheritable being in Esse tempore finis aâ—d certainly expressed in the writs 18. E. 4. 22. as de messuagio tofto columbario gardino terra prato pastura bosco subbosco bruera mora iuncaria marisco alneto ruscaria redditu per Registrum fol. 2. a de Rectoria Ecclesiae parochialis de M. ac de decimis granorum garbarum foeni eidem Rectorie spectantÌ„ c. or cum omnibus decimis granorum garbarum foeni eidem Rectoriae spectantÌ„ Thel Lib. 8. cap. 9. Sect 2. de Rectoria 2. E. 3. de furlongo terre 4. H. 6. 14. de passagio vltra aquam de T. de pastura ad certos boues oâ—es alia aueria ac de communia pro omnibus animalibus vel pro omâ—â—modis auerijs vel de libera piscaria libera warrenna vel de Aduocatione Ecclesiae de D. vel de aliquo seruitio speciali vt de seruitio vnius feâ—di Militis vnius paris Calcarium deauratorum vel de seruitio inueniendi hominem equitem vel peditem ad eundem vel ad equitandum cum le Cognisee in exercitu Walliae vel Scotiae c. de Piscaria 13. E. 3. de officio 27. H. 8. fol. 12. de proficuis officij 12. E. 3. de Aduocatione Reg. fol. 165. de Corodio 18. H. 6. fol. 20. 4. E. 4. 6. de chiminio 2. E. 3. fol. 49. de proficuo molendini 18. E. 3. fo 56. de libero redditu in breui and in the concord Quod predictus A. recognÌ„ praedict ' redditum cum pertinenÌ„ simul cum homagio fidelitate B. C. haeredum suorum de totis tenÌ„tis quae c. 1. E. 3. fo 1. et 5. de frankfold ' 1. E. â— fo 1. de Nundinis Mercatu 1. E. 3. fol. 4. de franchisia 1. E. 3. fol. 4. de Minera plumbi cuiuscunque geneis metalli cum pertinenÌ„ c. Reg. fol. 165. de decimis garbarum ad Ecclesiam de N. qualiterâ—unqâ—e spectantÌ„ Reg. fol. 165. de Aduocatione tertiae partis Ecclesiae c. or detertia parte aduocationis Ecclesiae or de meditate aduocatiâ—â—is Ecclesiae or de aduocatione medietatis Ecclesiae 45. E. 3. 12. 33. H. 6. fol. 11. de Communia 4. E. 4. 6. de caruca terre de pastura ad cenâ—â—â—ues de homagio de feodo Militis Reg. fol. 166. 167. And a fine may be of a Rent charge which had no being before 21. E. 3. 44. Or of a chiefe rent or other rent in bâ—ing 18. E. 4. 22. Or of a Seigniory 48. E. 3. 23. Or of an acquitaile 50. E. 3. 23. Or of a Chauntrie 38. E. 3. 33. And of many other things may fines be leuied And as fines may be leuied of things in possession so may they be leuied of a Remainder or Reuersion 42. E. 3. 7. 44. E. 3. 45. And a Reuersion or a Remainder wil passe by the name of the lands 43. E. 3. 22. But where a fine is of a reuersion or a remainder it behoueth the cognisee Of a reuersion or remainder to sue a Quid iâ—ris clamat against the tenant When it is of rent a writ Quem redditum reddiâ— And where of a Seigniorie or seruices Per que seruitia to compell the tenant to attourne as shall be shewed hereafter Fines may be leuied of th inheritance or freehold of parsonages vicarages Of Ecclesiastical lands madâ— temporal porcions pensions tithes oblations or any other Ecclesiasticall profit made temporall and admitted to abide in temporall handes and lay vses by the lawes and statutes of this Realme of England 32. H. 8. cap. 7. And to conclude fines be leuyable of all things whereof a Precipe qd ' reddat lyeth as will appeare by the examples following And landes bought of diuers persons may passe in one fine and then Of diuersâ— purchaseâ— the writ of Couenant must be brought by all the vendees against all the vendors And euery vendor must warrant against him and his heires onely for it is absurd that one man should warrant the sale of an other without consideration And such ioint fines seeme reasonable especially where the seuerall purchases be of so smal value as the charges of a fine would exceed the value of some of them But fines may not be leuied of things incertaine as de tenemento Incerteinty Tenement 3. E. 4. 19. 11. H. 7. 25. 12. H 7. 6. 47. E. 3. Nor of lands giuen in taile by the king for it is void against the issue Taile by the King entaile and the king 32. H. 8. cap. 36. Br. Fines 121. Nor of lands restrained from being sold by act of Parliament 32. H. Restraint 8. cap. 36. Nor of lands of the husband or of his auÌ„cestors assured for Iointure Dower Ioiture Forfeiturâ— dower or in taile to any woman by meanes of her husbande or his auncestors for such fine worketh a present forfeiture of her estate if she graÌ„t a greater estate then for her life 11. H. 7. cap. 20. Plow fol. 459. Nor of lands seised into the kings hands before Liuery or Ouster le Lands seised maine â—â—ed 24. E. 3. 65. Nor of lands in AuÌ„cient demesne for if any fine be leuied of such laÌ„ds Auncient demesne it may be reuersed by a writ of Disceit brought by the Lord of Auncient demesne therby he shal be restored to his seigniory and it seemeth to be void betweene the parties quia coram non Iudice 7. H. 4. 44. 8. H. 4. 23. 21. E. 3. 20. Reg. fol. 13. b. de Fine adnullando c. Yet it is holden good to bind the parties 17. E. 3. 31. and 7. H. 4. Br. Fines 101. which seemeth not to be law But if such fines be of lands in Auncient demesne and of lands at the Auncient demesne and lay fee. common law it shal be still good for the lands at the common law 7. H. 4. 44. 21. E. 3. 20. By what names things may passe in Fines NOw that we haue partly set downe what may passe in fines let vs Sect 26. Names see by what names the same may passe An Honor this may passe by the name of a Manor or by his proper name as de honore de Tickhill or de manerio de Tickhill It suffiseth also to demaund a Manor by his proper name without naming A Manor of the Towne wherein it lyeth For it may be out of any towne or extend into seueral townes counties as de manerio de D. cum pertinÌ„ yet it feemeth best to expresse
forein thing if it be not consequent As in a writ of land rent common c. may be rendred issuing out of it 18. E. 4. 22. And a Concord may be with an exception of some part 44. E. 3. 21. If a man will he may make a Iointure by fine thus If I. leuie a fine to A. in fee sur cognizance de droit come ceo c. and after A. rendre to I. for life without impeachment of wast the remainder to B. his wife for terme of her life the remainder to I. and his heires 38. H. 8 Br. Fines 108. The Manors tenements conteined in the writ may be diuided As if a fine be leuied betweene R. and M. of ii manors which M. knowledgeth all his right of the said ii manors to be the right of the said R. as that which c. for which R. grauÌ„teth rendreth th one manor to M. for life with ii parts of the other manor which N. holdeth in dower To haue th one manor and two parts of the other manor to M. for life the remainder after her death to R. in taile and that after the death of A the third part shall remaine to an other 43. E. 3. 11. 45. E. 3. 12. And in like maner a fine is leuied of the manor of G. cum pertinenÌ„ by A. vnto C which A. knowledgeth the right in C as that c. and C. granteth and rendreth the same to A. in tayle The remainder of the 4. part of the manor towards the west to the said A. and her heires the remainder of an other 4. part towards the East to I. in fee the remainder of an other 4. part towards the South to one R. in fee and of the other 4 part towards the North to W. and his heires it is good 44. Ass p. 11. Or incerteinly by 3. third parts to A. B. and C. in remainder seuerally 18. H. 7. Br. Fines 111. A fine leuied to one in tayle vpon condition with remainder is holden to be good 27. H. 8. 24. Plowd 34. b. 24. E. 3. 62. Contra per Prisot 33. H. 6. 52. and 44. E. 3. 22. But a fine with a reentrie was reiected 44. E. 3. 22. A lease for yeares may be made by a fine in this forme The lesse must knowledge the tenements to be tthe right of the lessor as that c. and then the lessor must graunt the lands backe againe to the lessee for so many yeres as are agreed vpoÌ„ reseruing a reÌ„t with a clause of distresse But this fine wil not bind the issue in taile because he taketh by the fine but giueth nothing thereby Br. Fines 106. tempore H. 8. 36. H. 8. Br. Fines 118. Plow 455. 14. Eliz. Or a lease for yeares may be made by fine to bind the tenant in taile thus The tenant in taile and the lessee to knowledge the tenements to be the right of an estranger as that c. and the Cognizee to graunt and render the tenements to the lessee for certain yeeres yeelding a reÌ„t with a clause of distresse and then graunt the reuersion to the tenant in taile 36. H. 8. Br. Fines 118. If an estranger which hath nothing in the lands leuie a fine to him in the remainder in taile dependant sur estate pur vie sur cognizance de droit come ceo que il ad de son done c. and the cognizee by the same fine render to the cognizor for yeares de commeÌ„cer al Mich. ensuant and dieth and al the proclamations are made after his death The tenant for life after such time as the said leas is limitted to begin dieth it is adiudged a good leas to barre the issue in taile for the terme 14. Eliz. Plowd fol. 437. b. inter Smyth Stapleton which seemeth contrarie to the opinion before Br. Fines 106. 118. A. by fine graunteth his tenements which I. holdeth for life and which after his decease c to W. for life rendring rent c. with a distresse sauing the Reuersion 44. E. 3. 45. Fine sur cognizance de droit come ceo c is leuied to A. in fee rendring rent this reseruation is void because the fine is executed for no reseruation can be but of a fine executorie as sur render 50. E. 3. 9. 24. E. 3. 26. 39. E. 3. 1. And if diuers ioine in a fine the warrantie must be by them and the heires of one of them which is the owner of the land 44. E. 3. 1. 21. E. 3. 27. 42. E. 3. 13. 24. E. 3. 66. ContrÌ„ sur terres de Gauelkind ibmÌ„ A particuler tenant as for life c. cannot surrender his terme to him in the reuersion or remainder by fine But he may graunt and releas it to him by fine 44. E. 3. 36. One Concord may be of lands in seuerall Counties and the fine pro licenc ' concord ' of all extracted entierly Yet must there be seuerall writs of Couenant returnable all at one day 6. Eliz. Dyer fol. 227. pl. 44. 15. E. 4. 33. And finally in Concorde all the speciall names of things conteyned in the writ whereupon the fine is leuied are not to be rehearsed But onely the generall words therein mentioned as manor tenements rents aduowson common c. As where the writ is de vno messuagio vno gardino vno pomario decem acrÌ„ terrae v. acrÌ„ prati x. acrÌ„ pasturae iiij acrÌ„ bosci communia pasturÌ„ cum pertinÌ„ in C. c. The Concord hath RecognÌ„ tenÌ„ta coiÌ„am praedictam cum pertinentijs esse ius c. But the examples following will more plainely expresse this and all the differing formes of Concords here before mencioned A writ of Couenant of 3 messuages and of common of pasture PRaecipe c. de tribus mesuag ' c. cum pertinÌ„ in D. T. de coÌ„munia Sect. 31. pasturÌ„ pro omnibus omnimodis auerijs ac de pastura pro 400. oâ—ibus cum pertinÌ„ in D. in parochia de C. Et nisi c. Of one messuage one curtilage one gardeyne of a rent and of sheepewalke PRaecipe c. de vno mesuag ' vno curtilagio vno gardino c. ac Sect. 32. v. li. redditÌ„ cum pertinÌ„ in F. Necnon de libertÌ„ vnius faldagij cursu ouium cum pertinÌ„ in F. Et nisi c. Of Wood and a Foldage PRaec ' c. de centum acrÌ„ bosci cum pertinÌ„ in N. ac de libertate faldagij Sect. 33 pro xl ouibus cum pertinÌ„ in S. Et nisi c. Of Wood. PRaecipe c. de c. quatuor virgatÌ„ bosci c. in parochijs de B. Sect. 34. L. c. Of 2. partes in 3. partes deuided of 8. acres of land of pasture acres of reede and of freshe and salte marshe land PRaecipe c. de duabus partibus in tres partes diuidend ' viij acrÌ„ Sect. 35. terrae lx acr '
tenant nor at his appearance nor vntill the plaintife pray execution And then the coment cosin heire is to be entred thus in the Roll onely Et praedictus I. dicit quod ipse est consanguineus haeres I. W. videlicet filius haeres T. W. fratris haeredis eiusdem I. W. 33. H. 6. 54. 41. E. 3. 13. 24. 8. H. 4. 31. In Scire facias by him in the remainder vpon an estate tayle vers A. Bastardy B. supposing the donee to be dead without issue if A. B. plead that he is issue to the donee and the plaintife replieth that he is a bastard it is a good replication 40. E. 3. 16. Scire facias vpon a fine leuied to T. R. and W. and to the heires of Vpon estate executed the bodie of R. the remainder to the right heires of the said W. T. died and R. died without issue and W. suruiued and died his heires need no Scire facias to execute this fine because it is executed in his life by the vnion of the fee and franktenement in W. 40. E. 3. 20. And so if a fine be leuied to baron feme and to W. and his heires he dieth and then the baron and feme do die the fine is executed for one moitie in the life of W. Fitz h. Scire fac ' 19. 42. E. 3. 9. 24. E. 3. 57. Tenant for life in Scire facias had ayde of him in remainder 41. E. 3. Aydâ— fol. 16. and 20. 22. E. 3. 12. In Formedon in Reuerter or Remainder the demandant must meÌ„cion Death shewed the death of euery one which had estate and suruiued his auncester But not so in a Scire facias sur fine 42. E. 3. 19. If the plaintife haue seuerall estates created by one fine needeth but Seuerall estates one writ of Scire fac ' 43. E. 3. 11. though it be of seuerall things against seuerall tenants 11. H. 4. 15. 21. E. 3. 14. 24. B. 3. 25. If in a Scire facias the Shirife cetorne the partie summoned and he Default appeare not execution shall be awarded 43. E. 3. 13. â— If a fine sur cognizance de droit come ceo c. be leuied of a reuersion Reuersion by the name of the land it is not executory 43. E. 3. 15. If the seruices escheat after a fine leuied of the seigniory the Cognizee Seigniory shall haue execution of the land escheated 48. E. 3. 11. A Scire fac ' lieth sometimes of things not comprised in the writ as Of things ouâ— of the writ if in a fine sur releas the Cognizee render rent in taile 49. E. 3. 8. If land be giuen by fine for life the remainder to baron feme in Execution by entrie of him in remainder tayle the baron dieth then the tenant for life dieth and the feme entreth the fine is execute so as their issue needeth no Sci. fac ' 49. E. 3. 12. Scire facias lieth for the donor in taile against any that abateth after Of a Reuersion the death of the donee in taile by fine without issue 22. E. 3. 12. Vpon general Nontenure pleaded the plaintife may take executioÌ„ at Nontenure general or special his peril But special Nontenure seemeth a good plea 7. H. 6. 25. A man shall not haue execution vpon nihil retorned because the tenant Nihil retorned may be summoned in the land demaunded 24. E. 3. 25. If a fine be leuied to husband and wife in taile the remainder to his Demy sank right heires they hauing issue the husband dieth the wife hath issue by another husband and dieth thissue by the first husband entreth and dieth without issue and his next heire entreth as into the remainder in fee against whom the issue by the second husband bringeth a Scire fac ' and recouereth by reason that the fee could neuer execute in possession in thelder brother during the state tailly 24. E. 3. 30. 62. Feoffement with warranty from the plaintifes auncestor is a good Feoffement plea in Scire facias vpon a fine 22. H. 6. 39. The heire shall haue his age in Scire fac ' ContrÌ„ WestmÌ„ 2. cap. 45. 24. E. 3. 29. 60. What fines with proclamations barre not thissue in taile NO fine leuied by tenant in taile barreth his issue maintenant but Sect. 180. where the tenant in taile is cognizor as if tenant in tayle bring a writ of Couenant against an Estranger and recognize the land to be the right of the tenant in taile as that which he hath of his gifte c. and the tenant in taile graunt and render the land to the cognizor for yeares yeelding rent c. die this fine is void against thissue in taile M. 10. 11. Eliz. Dyer f. 279. p. 7. 36. H. 8. Br. fines 118. A fine with proclamation leuied by tenant in taile the reuercion or remainder being in the king bindeth not thissue in tayle as it seemeth Br. fines 121. But if such lands weare entailed by the king such fine barreth not thissue in tayle 32. H. 8. ca. 36. If an EstrÌ„ leuie a fine to tenant in taile sur cognizanee de droit come ceo que il ad de son done and he render to him a rent in fee and die after proclamation yet thissue in taile may auoid it for he is remitted and the rent is another thing then the land 15. Eliz. Plo. fol. 435. b. per Thornton If tenant in tayle of an aduowson graunt and rendre by fine the nomination of the Clerke it is void 15. Eliz. Pl. f. 435. b. ê‘ Thornton If tenant in taile of a rent disseise the tenant of the land and leuie a fine with proclamacion of the land thissue in taile is not barred for the rent because the fine was not leuied of the rent but of the land per Thornton and granted 15. Eliz. Plo. f. 435. b. If tenant in taile graunt a rent by fine his issue may auoid it 15. Eliz. Plow 436. 14. ass p. 4. What time after a fine leuied and proclamation made any man hath to enter or claime by action or otherwise who are therby barred forthwith and who not Hetherto of the formes and execucion of fines now let see how they may be auoided TO know what time ê‘sons that haue cause to enter or claime may Sect. 181. enter or claime after a fine leuied many things are to be weyed for some ê‘sons haue more time some lesse for the discussing of which question we must not onely consider the qualitie of the persons which should claime or enter but also the qualitie of their rights and estates And the parsons be either such as are void of impediments or such as haue impediments And the same be either parties or priuies to the fine or estrangers to the same And againe they haue either present right or future
c. Et nisi c. Et est Concordia talis scilicet quod praedict ' Comes Comitiss recognouerunt redditÌ„ praedictum cum pertinentijs esse ius ipsius W. vt illa que idem W. habet de dono praedictorum Comitis Comitisse Et ill ' remiserÌ„ quietÌ„ clamauerÌ„ de se heredibus suis praefatÌ„ W. heredibus suis imperpetuum Et preterea ijdem Comes Comitissa concedunt pro se heredibus ipsius Comitis quod ipsi warrantÌ„ redd ' pÌ„dictÌ„ cum pertinÌ„ pref W. hered ' suis contra omnes homines imperpetuuÌ„ Et pro hac c. A Fine of the third part of a rent by the husband and wife Suffolk ss PRaec ' R. I. vxori eius quod teneant H. C. conuenc ' Sect ' 52. c. de tertia parte quinque librÌ„ sex solid ' octo denarÌ„ redditÌ„ cum pertinentijs exeunÌ„ de manerijs de K. Et nisi c. Et est concordia talis scilicet quod praed ' R. I. recognouerÌ„ tertiam partem praedict ' cum pertinÌ„ esse ius ipsius H. vt ill ' quam idem H. habeat de dono praed ' R. I. Et ill ' remiserÌ„ quietÌ„ clamauerÌ„ de se heredibus ipsius I. pref H. hered ' suis imperpetuum Et praeterea ijdem R. I. concesserÌ„ pro se heredibus ipsius I. quod ipsi warrantÌ„ pref H. hered ' suis predictam tertiam partem cum pertinenÌ„ contra omnes homines imperpetuum Et pro hac c. A Fine of a personage exceeding the aduowson of the vicarage of the same parsonage PRaec ' c. ConÌ„ c. de Rectoria de T. cum pertinÌ„ exceptÌ„ Aduocatione Sect ' 53. vicarÌ„ ecclesiae de T. Et nisi c. Et est c. quod praedict ' A. recognÌ„ Rectoriam praed ' cum pertinÌ„ exceptÌ„ praeexceptÌ„ esse ius c. Et ill ' remis c. exceptÌ„ praeceptÌ„ Et praeterea idem c. concess pro se c. quod ipse warrantÌ„ pÌ„dict ' c. Rectoriam praedict ' cum ê‘tinÌ„ exceptÌ„ praeexceptÌ„ c. A writ of couenant brought by three against three of one manor 10. mesnages 8. cottages and of land meadow pasture moore and of rent EborÌ„ PRaec ' C. B. F. vxori eius quod tenÌ„ E. D. R. conÌ„ c. de Sect ' 54. manerio de S. cuÌ„ pertinÌ„ ac de x. messuag ' viij cotag ' CC. acrÌ„ terre CC. acrÌ„ prati 160. acrÌ„ pasture 300. acrÌ„ more vj. s. redd ' cuÌ„ pertinÌ„ in A. F. B. C. Et nisi fecerint c. A Concord with a Render for life to the husbaÌ„d and the wife being the conusors of parcel of manors and lands contained in the writ of Couenant the remainder to the first and second begotten sonne of the conusors in taile and to the heires males and for default of such issue then to the conusors in general taile and for default of such issue then to the right heires of the conusors for euer with graunt and render of x. mesuages c. residue of the same manor c. to the said conusors ET est Concordia talis scilicet quod praedictus T. F. recognÌ„ manerÌ„ Sect ' 55. tenementa redd ' praedict ' cum pertinÌ„ esse ius ipsius E. vt ill ' que ijdem E. R. habent de dono pÌ„dict ' T. F. Et illa remiserÌ„ quietÌ„ clamÌ„ de ipsis T. F. hered ' ipsius F. pref E. R. hered ' ipsius E. imperpetuum Et preterea ijdem T. F. concesserÌ„ pro se hered ' ipsius F. quod ipsi warrantÌ„ manerium tenÌ„ta redd ' cum pertinÌ„ pref E. R. hered ' ipsius E. contra ipsos T. F. hered ' ipsius F. imperpetuuÌ„ Et pro hac recognÌ„ c. ijdem E. R. concesserÌ„ pref T. F. manerÌ„ de S. pred' cuÌ„pertinÌ„ ac x. mesuag ' viij cotag ' 20. acrÌ„ terrÌ„ 20. acrÌ„ prati 160. acr ' pasture 300. acr ' more 6. solid ' redditus cum pertinÌ„ in A. F. predictis parcellas manerÌ„ tenementorum redd ' praedict ' Et ill ' eis reddiderÌ„ in eadem curia ✿ Habendum tenendum pref T. F. pro termino vitae ipsorum T. F. alterius eorum diutius viuent ' absque impetitione alicuius vasti Et quod post decessum praedict ' T. F. eoruÌ„ alterius diutius viuent ' praedict ' ê‘cell ' maner ' tenÌ„toruÌ„ redd ' praed ' cum pertinÌ„ remanÌ„ primogentio filio de corporibus praedict ' T. F. inter eos legitimÌ„ procreat ' hered ' mascul ' de corpore praedict ' primogenit ' filij legitime procreat ' Tenend ' c. ✿ Et si nullus heres de corpore ipsius primogeniti filij fuer ' legitime procreat ' praed ' parcell ' manerÌ„ tenÌ„toruÌ„ redditÌ„ pred' cum pertinÌ„ remanÌ„ secundo genito filio de corpore pÌ„dict ' T. F. inter eos legitime procreatÌ„ hered ' mascul ' de corpore dicti secundi geniti filij legitime procreatÌ„ Tenend ' c. ✿ Et si nullus heres de corpore ipsius secundi geniti filijfuerÌ„ legitime procreatÌ„ tunc pÌ„d ' parcell ' maneâ— tenÌ„torum redd ' praedict ' cum pertinenÌ„ remanÌ„ hered ' de corporibus pÌ„d ' T. F. inter eos legitimÌ„ procreatÌ„ Tenend ' c. Et si nullus heres de corporÌ„ ipsoruÌ„ T. F. inter eos fuerÌ„ legitime procreatÌ„ tunc praedict ' parcell ' manerÌ„ tenÌ„torum redd ' pÌ„d ' cum ê‘tinÌ„ remanerÌ„ inde rectis hered ' ipsorum T. F. imperpetuum Tenend ' c. Et vlterius ijdem E. R. concess praef T. F. deceÌ„ messuag ' c. cnm pertinÌ„ in B. C. praed ' residuum pÌ„d ' manerÌ„ tenÌ„torÌ„ redd ' praedict ' Et ill ' eis redd ' in eadem CurÌ„ A Fine of one acre of land homage rent and seruices SalopÌ„ PRaecipe E. T. armig ' quod teâ— N. P. conÌ„ de vna acrÌ„ terre Sect ' 56. quindecim solidos redÄ‘ cuÌ„ ê‘tinÌ„ in G. F. Et nisi c. Et est concordia talis scz quod praed ' E. T. recognouit praed ' acrÌ„ tÌ„re cum pertinentijs esse ius ipsius N. vt ill ' quam idem N. habeat de dono praed ' E. Et ill ' remisit quietÌ„ clamÌ„ de se heredibus suis pref N. heredibus suis imperpetum Et pÌ„d ' E. concessit pÌ„f. N. praed ' redditÌ„ simul cum homagio toto seruitio I. H. heredum suorum detot tenÌ„tis quot praed ' E. prius tenuit de F. praedict ' HabenÄ‘ percipienÄ‘ gaudenÄ‘ pÌ„d ' redditÌ„ simul cum homagio toto seruitio praed ' N. hered ' suis imperpetuum Et
praedict ' M. Tenend ' vt supra A Fine of the moity of manors messuages land meadow pasture wood linge and heath more marishe and rent the aduowson of the moity of a Church the aduowson of the moity of a Monasterie or priory in possession and reuersion in fee. HEc est finalis concordia fact ' in Curia dn̄ae Reginae apud Westmonaster̄ sect ' 83. in crastino sanctae Trinitatis Anno regni Eliz. dei gratia Angliae Francie Hibern̄ Reginae fidei defens c. a conquestu tricesimo fecundo coram E. A. c Iustic ' alijs dominae Reginae fidelibus tunc ibi presentibus int̄ A. M. L. H. quer̄ T. N. I. vxorē eius vnam consanguinearum heredū R. E. deforc ' de medietate mancriorum de W. R. cum pertinētijs ac de medietate octaginta messuag ' 40. acr̄ terr̄ 300. acr̄ prati 50. acr̄ pastur̄ 100. acr̄ bosci 30. acr̄ iampnorum bruere 160. acr̄ more 200. acr̄ marisci viginti solid or̄ redditus cum pertin̄ in W. R. W. P. T. c. Necnon de Aduo catione medietat̄ ecclesiarum de E. W. P. R. ac etiam de aduocation̄ medietat̄ Monasterij siue Prioratus de L. vnde placitum conuentionis summ̄ fuit inter eos in eadem curia Scilicet quod praedict ' T. I. recogn̄ praedictas medietates cum pertinentijs ac aduocationes praedictas esse ius ipsius A. de quibus ijdem A. L. habent de dono medietatem praed ' manerij de R. cum pertin̄ Necnon medietatem octoginta messuag ' 260. acr̄ terre 100. acr̄ prati 300. acr̄ pastur̄ 80. acr̄ bosci 200. acr̄ iampnorum bruere 140. acr̄ marisci 100. acr̄ more vj. li. vj. s. reddit̄ cū pertin̄ in R. T. H. c. Ac etiā aduocation̄ medietatis ecclesiae de R. ac aduocac ' medietat̄ Monasterij siue Prioratus de L. pcell ' medietatis mane◠tenementorum reddituum aduocat̄ praedictar̄ de dono praedictorū T. I. ✿ Et ill ' remiser̄ quiete clam̄ de ipsis T. I. hered ' ipsius I. p̄dictis A. L. hered ' ipsius A. imperpetuum Et preterea ijdem T. I. concesserunt pro se heredibus ipsius I. quod medietas manerij de W. ac medietas 30. messuagio◠150. acrarum terre centum acrarum prati c. cum pertinentijs in W. P. E. W. praed ' ac aduocationes medietatis ecclesiarum de P. E. W. pred' resid ' medietatis maneriorum tenementorum redditu aduocac ' praedict ' que E. E. tenet ad terminum vite sue de hereditate praedictae I. die quo hec concordia facta fuit que post decessum ipsius E. E. ad predict ' T. I. hered ' ipsius I. debuerunt reuerter̄ post decess ipsius E. E. integre remaneant praed ' A. L. hered ' ipsius A. ✿ Tenend ' simul cum praedict ' medietate aduocatione que eis per finem istum remanent de capitalibus dn̄is feodi illius per seruitia que ad illas medietates aduocac ' pertinent imperpetuū Et praed ' T. I. hered ' ipsius I. warrant̄ praed ' A. L. hered ' ipsius A. praedictas medietates cum pertinētijs ac aduocationes praedictas sicut praedictum est contra omnes homines imperpetuum ✿ Et pro hac recognitione remissione quieta clamatione warrāt̄ fine concordia ijdem A. L. concesserunt praedictis T. I. praedict ' medietatem manerij de R. medietatem praedictor̄ ten̄tor̄ cum pertin̄ in R. T. H. c. praedict ' Necnon a duocationem medietatis ecclesiae de R. predict ' ac aduocationem medietatis Monasterij siue Prioratus de L. p̄dict ' Et illas eis red diderunt in eadem curia Habend ' tenend ' eisdē T. I. here d'ipsius I. de Capitalibus dominis feodi illius per seruitia que ad illas medietates aduocationes pertinent imperpetuum ✿ Et concesserunt etiam praed ' A. L. praedict ' medietatem manerij de W. cum pertin̄ ac praedict ' medietatē ten̄t̄ cum pertin̄ in W. P. E. c. p̄d ' pref T. I. Et illas etiam reddiderunt in eadem curia Habend ' tenend ' immediate post mortem p̄d ' E. E. eisdem T. I. hered ' ipsius I. de capitalibus dn̄is feo di illius per seruitia que ad illam medietatem aduocationem pertinent imperpetuum A graunt of lands by fine to two who render to the cognisor in generaltaile for default of such issue to R. T. in general taile the remainder to the Queenes Maiestie her heires and successors for euer ET est concordia c. quod praed ' A. recogn̄ ten̄t̄ praed ' cum pertin̄ Sect ' 84. esse ius ipsius I. vt ill ' que ijdem I. D. habent de dono praedict ' A. Et ill ' remisit c. Et pro hac c. ijdem I. D. concesser̄ praefat̄ A. tenement̄ praedict̄ cum pertinen̄ Et ill ' ei reddid ' in eadem curia Habenđ tenend ' eidem A. heredibus de corpore ipsius A. legitime procreat̄ pro defectu talis exitus tunc tenement̄ praedict ' cum pertinentijs integre remaneant hered ' de corpore R. T. alij praedict ' A. here dibus de corpore eorum legitime procreat̄ Et pro defectu talis exit̄ tunc tenement̄ predict ' cum pertinentijs remaneant dominae Elizabethae nūc Reginae Angliae Franciae et Hiberniae hered ' et successoribus suis imperpetuum c. A graunt of landes in general taile to be holden of the grauntor in Socage with diuers remainders ouer in taile with warranty against all men Essex ss PRaecipe s. B. agm̄ qd ' ten̄ W. S. cōuenc ' de iij. messuag ' Sect ' 85. c. cum pertin̄ in C. Et nisi c. ¶ Et est concordia talis scilicet quod predict ' S. concessit prefato W. tenementa praedict ' cum pertinentijs illa ei reddidit in eadem curia Habend ' tenend ' eidem W. hered ' de corpore suo legitime procreat̄ de praedict ' S. hered ' suis in Socagio per fidelitarem tantū pro omnibus seruitijs demandis que ad praedict ' tenementa pertinēt imperpetuum Et si contingat quod idem W. obierit sine hered ' de corpor̄ suo legitime procreat̄ tunc post decessum ipsius W. ten̄ta praedict ' cum pertinentijs integre remane bunt I. S. Auo praedict ' W. et hered ' de corpore ipsius I. legitime procreat̄ Tenenđ vt antea Et si nullus heres de corpore ipsius l. fuer̄ legitime proc ' tunc praedict ' ten̄ta cum pertinen̄ integre reuertent ad praedict ' S.
knowledge a fine and before Feme the returne thereof marry this fine may be certified engrossed as of a feme sole because the taking of her husband after the fine knowledged is her owne voluntarie act and such fine shall barre her and her heires for euer Dyer fo 246. pl. 68. Mich. 7. 8. Eliz. Euery writ of Dedimus potesâ—atem to spiritual Commissioners for Signed the taking of the cognisance of fines ought to be signed by the L. Chanceller or L. Keeper or chiefe Iustice of the CoÌ„mon place or the Iustice of the circuite where the land lieth Of thinrolement of writs of Couenant Dedimus potestatem and knowledges thereupon which is termed the foote of the fine BEfore thingrossing of the fine by the Cirographer the writ of Couenant Sect 157. the writ of Dedimus potestatem with the knowledges and notes of the same must be inrolled in a roll to be of record for euer to remaine Inrolment in the safe custody of the chief Clarke of the CoÌ„mon place which is Custos breuiuÌ„ his successors who must haue xxii d fee for entring Custos breuiâ— Fee of the Concord to thintent that if the notes of the fines in the custody of the Cirographer be imbesilled execution may be had vpon the said roll Imbeselling ProclamatioÌ„s The foote of the fine 5. H. 4. cap. 14. Vpon this Roll the Proclamations are endorsed and these notes are termed the foote of the fine Dyer fol. 321. plac ' 19. 15. Eliz. Of the note of the Fine THe note of the fine is a note thereof made by the Cirographer before Sect 158. The note of the fine it be ingrossed which beginneth thus EborÌ„ ss Inter A. B. querÌ„ C. D. deforc ' de duobus messuagijs duobus cottagijs centum acrÌ„ terre quadraginta acrÌ„ prati viginti acrÌ„ pasture vna acrÌ„ bosci octo acrÌ„ IampnorÌ„ bruere vno denario redditÌ„ cuÌ„ ptinÌ„ in A. vnde placitÌ„ conuentionis summÌ„ fuit inter eos c. scz qd ' pÌ„d ' C. recognÌ„ tenÌ„ta redditus pÌ„d ' cuÌ„ ê‘tinÌ„ esse ius ipsius A. concessit pro se heredibus suis qd ' praed ' tenÌ„ta redditÌ„ cum ê‘tinÌ„ que pÌ„d ' G. I. tenent ad terminuÌ„ vite ipsius I. de hereditate pÌ„d ' C. die quo hec concordia factafuit que post decessum ipsius I. ad pÌ„d ' C. heredes suos debuerunt reuerti post decessum ipsius I. integre remanerÌ„ praed ' A. heredibus suis tenend ' de capitalibus dominis feodi illius per seruitia que ad praed ' tenÌ„ta redditÌ„ pertinent imperpetuum Et pro hac recognÌ„ concessione fine concordia idem A. dedit pred' B. 100. marcas sterl ' Vpon which note before the ingrossing of the fine if it be of a remainder reuersion rent or seigniory writs of Quid iuris clamat per que seruitia or quem redditum reddit must be sued as the case requireth Plo. fol. 43. b. 22. H. 6. 13. Quid iuris clamat QVid iuris clamat is a Iudicial writ and issueth out of the Recorde Sect 159. of the fine remaining in the keeping of the Custos breuium of the common place Plo. 43. b. before it be ingrossed for after ingrossing it cannot be had Plo. fo 431. b. 22. H. 6. 13. fo Natu. br 147. a which lieth for the grauntee of a Reuersion or Remainder when the particuler tenant wil not atturne to enforce him to atturne 22. H. 6. 13. Plo. 431. b And it is made in this forme Rex vicecomiti salutem PrÌ„ tibi quod venire facias coram Iustic ' nostris Suummons c. tali die G. A. vxorem eius ad cognoscendum quid iuris clamant in vno messuagio decem bouatis terre cum pertinen in B. quae tenÌ„ta cum pertinÌ„ M. que fuit vxor G. in curia nostra c. concessit A. de B. per finem ibi inde inter eosfactum Et habeas c. And the finall cause of this writ of Quid iuris clamat is that the graÌ„tee or cognisee of the reuersion or remainder may by that attournemeÌ„t of the particuler tenant be enabled if cause be giuen to bring an action of wast or to auow for rent reserued or seruices behinde which he cannot doe without attournement Plo. fo 431. b. 22. H. 6. 13. Tenant 〈◊〉 shall atturne though the writ suppose her to be tenant Tenant â—n dower for life because she claimâ—th no greater estate then franktenemeÌ„t Hill 31. E. 3. Fitz. Quid iuris clamat 3. yet it seemeth she thereby looseth her warranty and aduantage to be newly endowed if she be euicted 10. E. 3. Fitz. Quid iuris clamat c. 41. If a gift be for life the remainder for life the writ must mention the Briefe remainder Hill ' 3. E. 3. 15. E. 3. Fitz. Fines 9. It is meete therfore to learne who are compellable hereby to atturne and who not and by whom What persons may obtaine attournement by Quid iuris clamat and what not THe grantee of a reuersion void of impediments 34. H. 6. b. Fit na Sect 160. Grauntee de reuersion Infant br fo 168. b. Fitz. nat br 147. a But an Infant cannot because if a lease for life without impeachmeÌ„t of wast be pleaded in barre he cannot coâ—fesse it 43. E. 3. 5. contra 23. E. 3. Fitz. Quid iuris c. 42. If the cognisor haue nothing in the reuersion the tenant shall not atturne Nothing in the reuersion Lib. IntÌ„ fo 536. A feme Couert without her husband albeit the fine was leuied when Feme couert she was sole 11. H. 4. 7. If there be diuers pleas and one die hanging the plea yet shall the tenant Diuers atturne to the rest 48. E. 3. 32. Or if diuers sue the writ and one be nonsuit yet attournement shall Diuers be vnto the other without summons and seuering of the other 46. Ed. 3. 32. Abbotauera attournement dun tenÌ„ pur vie sans mrÌ„e licence nest Abbot forfaiture 17. E. 3. 7. If cognisee disseise the tenant of part he shall haue no atturnement Disseisor 19. E. 2. Fitz. Quid iuris c. 46. What persons be compellable to atturne by Quid iuris clamat and what not THe writ of Quid iuris clamat lyeth against the particuler tenant of Sect 161. T. for life the land for life 34. H. 6. b. Na. br fol. 168. b. Fitz. nat fo 347. a 49. h. though he be but tenant for life of land holden in Capite or a feme couert Feme couert 45. E. 3. 11. And a tenant for yeres shall atturne 3. H. 4. 3. T. for yeres T. in taile T. in taile after posâ— But tenant in taile is not compellable because of the estate of inheritance which is
for the rent and then he must show the commencement thereof and his title thereunto which the plaintife may answere 31. H. 6. 8. 36. H. 6. In Quem redd ' reddit if the tenant wil disclaime he may plede that Disclaimer he was not tenant of the land the day of the note leuied for this writ lyeth against none but him which is then tenant 8. H. 6. 15. I write thus briefely of this writ because it so much resembleth a Quid iuris clamat Per que seruitia PEr que seruitia is a Iudiciall writ issuing from the note of a fine Sect ' 167. lyeth for the Cognisee of a manor seigniory chiefe rent or other seruices to compel him that is tenant of the land at the time of the note of the fine leuied to attorne vnto him 43. E. 3. 8. H. 6. 17. Plow 46. b. which is made thus Regina c. Vic' K. salutem Praecipimus tibi quod venire facias coram The writ Iusticiarijs nostris apud W. in crastinÌ„ c. S. F. R. L. c. ad L. c. ad cognoscend ' per que seruitia tenent tenÌ„ta sua cum pertinÌ„ in B. que seruitia E. L. in curia nostrÌ„ coram Iusticiarijs nrÌ„is apud W. concesâ—it W. B. per finem ibi inde inter â—os factum Et habeas ibi hoc breue Teste c. If the Lord grant the seruices of his tenant by fine or otherwise the Lord before attornemeÌ„t shal haue such things as lye in prender as the warde of the bodie of the heire and of the lande escheates c. But not such things as lie in render as rents and reliefe heriots other feruiuices for he cannot auow for them before the atturnement If a man graunt the seruices of his tenant for life this writ lieth Br. Sur graunt for life Per que seruitia 13. If seruices be graunted to I. S. for life the reuersion to N. N. and I. S. die before atturnement he in reuersion shall haue Per que seruitia 20. H. 6. 7. If Per que seruitia be brought against diuerse of which some onely appeare they are compellable to atturne 21. E. 3. 48. T. 32. E. 3. Vpon whose alienations the tenant is not compellable to atturne IF tenant in taile of seruices leuie a fine thereof the tenant of the land Sect ' 168. Tâ—â— taile is not compellable to atturne 48. E. 3. 23. Because that if the cognisor die the tenant is subiect to the distresse both of the cognisee of the issue in taile 24. E. 3. 25. 43. E. 3. Neuerthelesse vpon a fine with proclamation in such case which barreth the issue in taile the tenant seemeth compellable to atturne If a fine be leuied by him which was neuer seased of the seruices the Conisor neuer seased tenant is not compellable to atturne H. 6. E. 2. If the tenant for life or any other particuler tenant of seruices which To a ê‘ticuler tenant haue them not in fee leuie a fine thereof the terre tenant is not compellable to attorne ltinÌ„ North. 3. E. 3. If one ioint tenant of a seiguiory graunt c. the tenant is not compellable Iointenancy to attorne 9. E. 2. Against whom a Per que seruitia lieth and whom not IT lieth against him onely that is tenant of the land at the time of the Sect ' 169. Terre tenant note of the fine leuied 8. H. 6. 17. 18. E. 4. 10. And therefore must not varie from the fine 18. E. 4. 10. 45. E. 3. 25. E. 3. 50. Therefore it seemeth that if he which is tenant at the leuying of the note do die or alien before attornemeÌ„t had that neither his heire nor the alienee is compellable to attorne H. 26. E. 3. 56. 18. E. 4. 25. E. 3. 50. 10 yet his attornement is good Ibid ' M. 31. E. 3. Ar Pioresse recluse is compellable to atturne 43. E. 3. And an infant A Recluse 26. E. 3. 62. And a man only dumbe by writing or signes 26. E. 3. 62. But a man surde mute is not coÌ„pellable to atturne 26. E. 3. 62. Mute Deafe Madnesse Nor a man de non sane memoriae as a madman a lunatike an Ideot 26. E. 3. 62. Nor a tenant by curtesie for the feeblenesse of his estate 9. E. 3. 31. T. by curtesy Late feoffemÌ„t He that is infeoffed by the Lord post StatÌ„ Quia emptores c. is not coÌ„pellable to atturne for he holdeth of the Lord peramouÌ„t 39. E. 3. 19. The writ of Per que seruitia ought to shew the quantity of the tenanâ—y Quantity H. 14. E. 3. for it is trauersable T. 20. E. 3. H. 26. H. 6. All persons that may be Cognisees may haue this writ Per que seruitia ought to be in the Countie where the fine is knowledged County albeit the mannor be in one Countie and the seruices in an other Countie 21. E. 3. 18. Nonsuite in this action is not peremptorie 24. E. 3. 25. nor the death Nonsuite of the Cognisor after the note leuied Per que seruitia lieth a yere or more after the note leuied 29. E. 3. 46. Time Atturney After peremptorie issue ioined the tenant in Per que seruitia may make Atturney for if the issue be tried against him it doth counteruaile atturnement and then he may be distreined before atturnement 48. E. 3. 24. 39. E. 3. 26. Nontenure the day of the note leuied is a good barre in Per que seruitia Nontenure 8. H. 6. 17. 21. H. 4. 72. It is also a good plea that before the note leuied the Cognisor graunted Former grant the seruices to an other and that he thereupon did atturne 9. E. 3. 31 The tenant in Per que seruitia cannot disclaime but may plede Non Disclaime tenure vt supra 21. H. 4. 72. After iudgement processe is Distringas ad atturnandum 4. E. 3. 2. E. Processe post iudicium 3. 9. 5. E. 4. 2. If the mesne leuie a fine of his mesâ—altie to A. for life the Remainder Atturnement with an exception to B. in fee A. bringeth a Per que seruitia and the tenant atturneth hauing his acquital yet shall not he in the remainder auowe before he also acknowledged the acquitaile 18. E. 4. 7. But a feme Couert tannot confesse acquitaile in Per que seruitia because Feme couert Acquitaile she is not examinable in this suit 9. E. 2. 45. E. 3. And the tenant may atturne sauing Acquitaile and warrantie according to a deed thereof M. 15. E. 3. 5. H. 5. E. 3. E. Itinere North. A man may graunt seruices before he haue seisin thereof in fait H. 6. Seisin E. 2. Fitz. Per que seruitia 22. It seemeth vpon the graunt of a Manor cum ê‘tinÌ„ the seruices passe A manor without atturnement as parcel
right And vnto those which haue future right such haue the same either wholly after the fine or partly before and partly after And some of them haue but one title and some diuerse And others haue no right to the tenements comprised in the fine but to some things therein or issuing out of the same Parties to fines void of impediments at the time of the leuying of Parties the same and their heires are thereby barred presently haue no time at all to auoid the same by entree or claime 1. R. 3. ca. 7. 4. H. 7. c. 24. whether they be persons hauing naturall capacities or ciuill If they be such ciuill bodies or corporations as haue in themselues absolute estate and authoritie of their possessions so as they may maintaine a writ of Right thereof as Maior and Comminaltie Deane and Chapter Colledges societies corporate such like their successors are barred by fines presently Plow 338. a. T. 20. Eliz. But Deanes Bishops Priors Abbots Masters of Hospitals Parsons Uicars Prebendaries Chauntrie Priestes and such like which may not haue a writ of Right but either a Iuris vtrum Fitzh Nat. fol. 48. r. or sine assensu capituli Fitz. Nat. fol. 118. i. are not barred by such fines if the patron and ordinarie ioine not with them Plow 538. a 20. Eliz. 375. b. 11. Eliz. How priuies in bloud are bound in fines ANd by the same statuts 1. R. 3. c. 7. 4. H. 7. c. 24. Priuies in bloud Sect. 182. Priuies as heires of the cognizours claiming by the same title that their ancester had that leuied the fine be barred presently thereby whether they be void of impedimēts or no. As if lands of Socage tenure be giuen to baron feme in special taile the remainder to the right heirs of the baron in fee the baron sole leuieth a fine with proclamatiō to his owne vse in fee after deuiseth the same lands to A. in fee hath issue then the baron feme die thissue in taile is barred because he can not otherwise conuey himselfe to the title and discent in taile then as heire of the bodie doth of his father and mother Tr. 18. Eliz. Dyerf 251. p. 24. 9. H. 8. Dier f. 3. p. 6. 32. H. 8. Br. Fines 109. So if husband wife tenants in speciall taile haue issue the wife Priuies die the husbād marrie an other wife haue issue leuie a fine sur cognizance de droit come ceo c. and by the same fine take estate in special taile the remainder ouer c. die thissue by the first wife is barred because he is priuie in bloud the cōtinuance of the possession in the husband notwithstanding 32. E. 3. Dyer pla 16. Eliz. f. 334. p. 31. 32. But if my fathers brother disseise him and leuie a fine with proclamation my father and my vncle within fiue yeares after proclamatiō die yet may I auoid it by entre at any time before th end of the said fiue yeares not withstanding that I am priuie in bloud vnto mine vncle for that my title to the land groweth by my father and not as heire vnto mine vncle P. 19. H. 8. Dyer fol. 3. p. 2. Neuerthelesse if my father disseise my graund father of an estate in Priuies fee and thereof leuie a fine with proclamation first my graundfather and then my father die I am now barred as priuie because I cannot otherwise conuey my selfe to the lands then as their vnto my father the Cognizor P. 19. H. 8. Dyer fol. 3. p. 3. Of Estraungers hauing present right and no impediment BUt Estraungers to fines which be all persons not parties nor priuies Sect. 183. and being void of impediments naturall legall hauing present right to the lands in the fine haue onely fiue yeares after proclamations to enter claime their right 1. R. 3. ca. 7. 4. H. 7. ca. 24. As if one haue a Remainder or a Reuersion depending vpon an Tenant in remainder or reuersion vpon estate for yeares or at will estate for yeares or by statute Staple statute Marchant or Elegit and the termor be disseised and a fine leuied c. and fiue yeares passed they be all barred thereby for that these Termors might presently haue entred he in the Reuersiō or Remainder for such disseisin might haue had an Assise So that Statute 4. H. 7. ca. 24. seemeth to barre the termors through negligence by this woord interest which comprehendeth a terme Plow fol. 374. a. And if a tenant in taile be disseised and a fine leuied with proclamation and fiue yeares past and the tenant in taile dieth thissue in tayle is bound for euer per Dyer and Catlyn for the right was present to the tenant in taile at the time of the fine leuied and he can not claime but by the same title which his father had which was barred in his life time Plow fol. 374. a. Dyer fol. 3. p. 6. 19. H. 8. 7. The like it is of the laches of him in the remainder or reuersion for it barreth him and his heires Plow fol 374. a. Dyer fo 3. p. 6. Of Estrangers hauing present Right and impediments BUt estraungers to fines pestered with impediments of Infancy Sect. 184. couerture madnes ideocy lunacy imprisonment or absence out of the Realme at the leuying of fines and hauing then present right or interest haue yet libertie fiue yeares after such infirmitie remoued to make entrie or claime c. 1. R. 3. ca. 7. 4. H. 7. ca. 24. And therfore an Infant hath fiue yeares after he accomplish his full Infants age though he be in his mothers wōbe Plow 367. a. because the law intendeth that Infants by reason of their tender yeres do want vnderstanding to know their right whether their entries be lawfull or no And how to make their entries and claime or bring their actions according to their title Plow fol. 359. b. 4. H. 7. ca. 24. Yet if my fathers brother disseise him and leauie a fine with proclamation and a yeare after the proclamation my father dieth And after and within fiue yeares my vutle dieth I by reason of mine Infancy haue onely so much time to auoid the same as at the death of my father remained to come of the fiue yeares next after the proclamation not new fiue yeares because I claime by the same title that my father had in whom the first fiue yeares were attached and begun Dyer fol. 3. p. 2. In like maner and for the same reason if the father or other auncester be disseised and the disseisor leuie a fine with proclamation and within fiue yeares after the proclamation the auncester dieth his heire being within age yet if he make not his entrie or claime within the first fiue yeares after the proclamation he is barred Plow fol. 367. b. 377. a. As it is there adiudged Mad men and lunatiques estrangers
the fine but vnto some thing in or issuing out of the same seeme not barrable at all by any such fine nonclaime As if a tenant in Auncient demesâ—e leuy a fine with c. at the common law of his lands in auncient demesâ—e the Lord in auncient demesâ—e may haue his writ of Deceipt and thereby auoid the fine at any time thereupon his tenant shal be restored to the land because the Lord claimeth not the land whereof the fine is leuied but his auncient Seigniory and seruices issuing out of the same Plo. 370. b. It seemeth such fines doe not barre such estrangers as haue rent coÌ„mon way estouers or any such charge out of the land for it seemeth that these fines extend onely to binde the state title right claime entrie and interest in and to the land and no profits to be taken out of the lands nor to take power giuen to executors or others to sell the land Brooke titÌ„ Fines 123. Pleas to aâ—oide Fines IT is a good plea to say that I. S. was seised tempore leuac ' and before Sect 191. the fine leuied without that that the parties to the fine had any thing therein at the time oâ— the fine leuied 9. H. 4. 27. 3. H. 6. 27. Or to say that the parties to a fine had nothing c. but A. B. whose estate he hath Et de hoc ponit se super priÌ„am 33. H. 6. 18. 26. H. 6. f. 9. 42. E. 3. 20. 4. H. 4. 8. 14. H. 4. 33. 4. H. 7. ca. 24. If there be two R. D. of one name the one leuy a fine of the land of thother thother may auoid the fine by pleading that there be two of one name and thother K. D. leuied the fine and not he And in like maner if any estranger leuie a fine in the name of another that is owner of the land 34. H. 6. 19. ContrÌ„ tenÌ„ 19. H. 6. 44. because it is a matter of recorde therefore hath no other remedie in such case but an action of disceit Neither parties to fines nor their heires may pleade in auoidance thereof that before the leuying and at the leuying of the same since the demaundant or plaintife or their heires were alwaies seised of the lands conteined in the fine or of parcel thereof StatÌ„ de finibus 27. E. 1. ca. 1. 12. E. 4 15 19. yet by Fairefax if tenant in taile the remainder in fee leuie a fine sur cognisance de droit come ceo c. hee in the remainder may auerre the continuance of possession notwithstanding the fine and statute because he is neither the partie nor his heire and so may a Feme couert where her husbande sole leuieth the fine 12. E. 4. 12. The issue in taile may auerre continuance of possession against a fine sur cognisance de droit tantum or surrender but not against a fine sur cognisance de droit come ceo que il ad de son done because that fine is executed and the other executorie 12. E. 4. 15. 19. 11. H. 4. 85. Of a writ of Error A Writ of Error to reuerse a fine lieth where there is Error in any Sect ' 192. fine and thereby not the record of the fine it selfe shal be remoued but the transcript thereof vpon which transcript of the note of the fine the plaintife may assigne his errors And if the Iustices thinke that the point assigned for error is error they may send for the note of the fine reuerse the same Fitz. nat fo 20. f. As if baron and feme leuie a fine to an estraunger the feme being within age they may haue a writ of error to reuerse the fine for this cause during her nonage Fitz. nat 21. d. 27. ass pl. 17. 50. E. 3. 4. And when a fine is to be reuersed by error the course is for the plaintife in the writ to haue seueral writs of Error one directed vnto the chiefe Iustice of the court of Common plees to certifie the record proces of the fine another vnto the Custos br of the same court to certifie the transcript of the foote of the fine and the third vnto the Chirographer to certifie the transcript of the record and proces of the fine the seueral formes whereof be as followeth A writ of Error directed vnto the chiefe Iustice of the court of common plees Regina c. dilecto fideli suo Edm. Anderson Militi salutem Quia in record ' processu ac etiam in leuatione cuiusdam finis in curÌ„ nrÌ„a coram vobis socijs vestris Iustic ' nostris de banco apud WestmÌ„ in octabis S. Michaelis vltimo preteritis per breue nostrum de conuentione inter I. G. seniorem armig ' M. vxorÌ„ eius I. G. iuniorem generosum querentÌ„ G. H. deforc ' de manerio de G. cum pertinÌ„ ac de vno messuagio xv cottagijs quindecim toftis quatuor horreis quindecim gardinis duobus pomarijs ducentis acrÌ„ terre octoginta acrÌ„ prati centum acrÌ„ pasture sex acrÌ„ bosci trescentis acrÌ„ more communia pasture pro omnibus auerijs com ê‘tinÌ„ in G. in comÌ„ EborÌ„ leuatÌ„ error interuenâ—t manifestus ad graue dampnum ipsius G. sicut ex querela sua accepimus Nos errâ—rem si quis fuerit modo debito corrigi eid ' G. plenam celereÌ„ Iustic ' fieri volentes in hac parte vobis mandamus quod recordum processum finis praed ' cum omnibus ea tangenÌ„ que in custodia vestra existunt vt dicitÌ„ nobis sub sigillo vestro distincte a ê‘te mittatis hoc breue Ita quod ea nabeamus in octabis S. Hill ' vbicunque tunc fuerim ' in Angl ' vt inspectis recordo processu finis pÌ„d ' vlterius inde pro errore illo corrigendo fierifaciamus qd ' de iure secund ' legem coÌ„suetud ' regni nostri Angl ' fuerit faciend ' c. A writ of Error vnto the Custos breuium of the Court of Common plees Regina c. dilecto sibi Tho. Spencer armig ' custodi breuium suoruÌ„ de banco salutem Quia in recordo processu ac etiam in leuatione cuiusdaÌ„ finis in curÌ„ nrÌ„a de Banco apud WestmÌ„ in octÌ„ sancti Mich. vltimÌ„ pÌ„terito coram Ed. Anderson Milite socijs suis Iustic ' nrÌ„is de banco pÌ„dictÌ„ per breue nostrum de conuentione inter c. de c. Vobis mandamus quod transcriptum pedis finis praed ' cum omnibus ill'tangenÌ„ que in custod ' vrÌ„a existunt vt dicitur nobis sub sigillo vestro c. vt InspectÌ„ transcriptÌ„ pedis finis praed ' vlterius inde c. A writ of Error vnto the Chirographer of fines Regina c. dilecto sibi Th Crompton Armig ' Chirographario suo de Banco salutem quia in recordo processu ac etiam in leuacione
respondend ' W. R. de placito quod warrÌ„ ei octo mesuag ' sex gardina tria pomarÌ„ quatuor acrÌ„ terrÌ„ sex acr ' prati duas acrÌ„ pasture cum pertinentÌ„ in B. B. quae tenet de eo tenere clamat vnde cartaÌ„ sâ—am habet c. Et vnde idem W. per W. C. atturn ' suum dic ' qd ' praed ' E. nuper fuit seisitus de tenementis praed ' cum ê‘tin ' in dominico vt de feodo sic inde seisitus existens idem F. 19. die S. anno Regni dnÌ„ae Reginae nunc 25. apud B. praed ' per quandam cartam suam quaÌ„ idem W. R. sigillo pÌ„d ' F. signatÌ„ hic in curÌ„ ê“fert cuius datÌ„ est eisdeÌ„ die anno dedit concessit teâ— praed ' cum pertinentÌ„ praef W. R. habend ' sibi herÌ„ suis impepetuum vlterius pÌ„d ' F. per. cartam praed ' tenementÌ„ pÌ„d ' cum pertinentÌ„ eidem W. hered ' suis coÌ„tra omneshomines warranÌ„ prout per cartamâ—llam plen ' apparet virtute quorum quidem don ' coÌ„cessionis idem W. fuit adhuc est scisitÌ„ deten ' praed ' cum pertinentÌ„ in dominico suo vt defeodo Et sic inde seisitÌ„ existentÌ„ quidam D. D. arrain ' versus ipsum W. quandam assisam noue disseisiâ—e de praed ' tenementÌ„ cum ê‘tinentÌ„ coram I. C. vno baronÌ„ ScaccarÌ„ dnÌ„ae Reginae et F. R. vno seruien ' ipsius dnÌ„ae Reginae ad legem Iustic ' eiusd ' dominae Reginae ad assisas in comÌ„ praed ' capiend ' assign ' per formam statuti c. per qd ' idem W. R. pendente assisa illa sepâ—us requisiuit praef F. quod ipse praed ' tenementÌ„ cum pertinentÌ„ eidem W. warrÌ„ idem F. ten ' illa cum pertinentÌ„ eidem W. hucusque warrÌ„ contradixit adhuc contradicit vnde dic ' quod deteriorat est damnum habet ad valentiam centum librarum inde produc ' sectam c. SYMBOLEOGRAPHY Of Recoueries for Assurances c. called common or feigned Recoueries IN euery Recouerie are to be regarded the demandant Sectio 1. the tenant of the land the vouchee as the efficient causes thereof The land demaunded as the matter which must as certeinly be set downe in writs of Entre as in writs of Couenant whereupon fines are leuied The end and effect of such recoueries is to discontinue and distroy estates tailes remainders and reuersions and baire the former owners thereof The Demaundant is he that bringeth the writ of Entre and may be termed the Recouerer The Tenant is he against whom the writ is brought and may be termed the Recoueree The Vouchee is he whom the tenaÌ„t voucheth or calleth to warranty for the land in demaund And such persons may be demaundants tenants and vouchees in these recoueries as may be Cognizors and Cognizees in writs of Couenant and by such names Mutatis mutandis Sauing that if any recouery be had against any tenant in taile the reuersion or remainder being in the Queene of the gift of the Queene or of any of her Maiesties progenitors kings of England such recouerie will neither barre the issue in taile of his Entre nor discontinue his estate nor pluck such reuersion or remainder out of her Maiestie 34. H. 8. cap. 20. Quaere tamen si tiel recouerie barre lissue in taile during the continuance of the estate taile Dyer fol. 132. pla 1. Item before such persons by such meanes and in such maner may warrants of Attorney bee knowledged and certified as fines knowledged in the Countrie sauing that the recognizance of warrants of Attorney may be taken by any Iustice or Seriant without a writ of Dedimus potestatem And fines must be paied vpon writs of Entre as vpon writs of Couenant And all such writs of Entre must be signed by the Queenes Atturney before they can be sealed In a Recouerie with double voucher the fine must bt sued first to make him tenant at the time of the writ of Entre brought for euery writ of Entre must alwaies be brought against him that is tenaÌ„t of the freehold of the land demauÌ„ded at the time of the writ brought 18. R. 2. and Dyer fol. 252. pla 98. for that that the estate of the tenant in taile which is vouchee is barred in respect of the assets only which is or may be recouered in value Plow Basset vers Manxel fol. 11. a and of execution sued by the tenant against him And if the tenant haue but an estate for life or in dower or by the curtesie then to haue a good recouerie thereof it is meete that such tenant make a conditional Surrender of his estate to him in the reuersion or remainder to the end he may be a perfect tenant of the inheritance and then to bring the writ of Entre against him And after that the recouery is executed the particuler tenant for breach of the condition may enter and inioy his terme notwithstanding such surrender See the like Surrender in the Chapter of Surrenders in the first part of Symboleography Of what thinges writs of Entre may be brought and by what names PRaecipe quod reddat lyeth de vna acra terre aqua cooperta vel de Sect 2. acra terre 12. H. 7. fol. 4. de gurgite 10. E. 3. 14. Ed. 3. 842. Fitz. nat bre fol. 191. h. Et de passagio vltra a quam Fitz. nat br fo 191. i. de balliua 34. Ed. 3. 423. de officio 27. H. 8. fo 12. de aduocationÌ„ ecclesie aut de quarta ê‘te decimarÌ„ 34. Edw. 3. deporcione decimarum Dyer fol. 84. pla 83. de quadam parcella terre Dyer fol. 84. pla 83. de custod ' terre haered ' siue custod ' terre Register 161. 22. Edw. 3. fol. 19. Praecipe quod reddat lyeth of all maner of Ecclesiastical or Spirituall profits vt de Rectoria Vicaria porcionibus pencionbus decimis c. per statutÌ„ 32. H. 8. cap. 7. de omnibus omnimodis decimis maioriê° mixtis minutis infra villam siue hamletÌ„ de B. in parochia de A. quoquo modo crescenc ' contingenÌ„ ac annuatim renouanÌ„ c. Thel lib. 8. cap. 9. S. 2. de quarta parte decimaruÌ„ oblationum ecclesie sanct ' P. c. 16. Ed. 3. de quadam porcione decimarum or terre not shewing how much 1. H. 4. fo 1. Dyer fol. 84. pla 83. 84. 85. and 86. In old time de hida terre per Glanuile de caruca terre 4. E. 3. 161. de bouatÌ„ terre 6. Ed. 3. 291. de sex pedibus terre in longitudine quatuor pedibus in latitud ' 14. Ass 13. A Praecipe quod reddat lieth detofro situ molendini 14. Ed. 3. de hundredo de C. balliuato de B. 34. Ed. 1. 3. E. 3. de pasturÌ„ ad sex boues
and a daughter by another ventre the sonne dieth without issue before the will be performed his sister of the whole bloud is to haue execution of the state by the feoffees for possessio fratris de feodo of an vse facit sororem esse haeredem the will for yeares is no impediment of the possession But otherwise if it had bin of franktenement by the Reporter 5. E. 4. 7. If A. seised in fee to the vse of a woman who taketh an husband he selleth the land to S. for money which yâ— wife receiueth A. at their request infeffe the vendee the husbaÌ„d dieth the wife may haue a Subpena against the vendee hauing notice hereof or else against the feoffee for recompence for this is the sale of the husband onely 7. E. 4. 14. If M. know that W. is infeoffed to mine vse or of my will or hath goods giuen to him to mine vse and buy the lands or goods for money a Subpena lieth against the vendor and vendee to performe the will or vse 5. E. 4. 7. 11. E. 4. 8. Diuers Cuâ— 106. But against the vendor only if the vendee haue no such notice Diuers Cuâ— 106. A man by Subpena may enforce his feoffee of trust to bring actions in their names 7. E. 4. 29. as trespas against trespassors 11. E. 4. 8. yet if the feoffee had released to the trespassor Cestuy que vse had bin remediles 11. E. 4. 8. or Assise 2. E. 4. 2. or trespas for goods giuen to his vse taken away 7. E. 4. 29. But not an appeale of Robberie because they be not compelable to ioyne battaile 7. E. 4. 29. If a feoffement be made to the chiefe Lord or others to vses he may refuse to execute the estate for extinguishing of his Seigniorie and no Subpena lieth against him 16. E. 4. 4. The heire of the feoffee in trust being in by discent is compellable by Subpena to execute an estate according to the trust 22. E. 4. 6. If a wife will that her feoffees shall infeoffe her husband he may not compell them thereunto for the will of a wife in this case is void 18. E. 4. 11. If A. be bound to F. to the vse of C. C. in Chauncerie may compell F. to sue A. for the same 2. E. 4. 2. If R. deliuer money to A. to deliuer to his executors or administrators to dispose c. and deliuer A. the same vpon bond to B. to keepe and redeliuer to him R. dieth his executors or administrators may in ChaÌ„cery compell A. to sue the obligors for the money 4. E. 4. 37. If P. be bound in a statute staple to I. and H to the vse of I H. releas P no Subpena lieth against P. notwithstanding that he had notice of thuse for euery man may lawfully aide himselfe 11. E. 4. 8. Diuers Cur. 106. The like of an Obligation to two to thuse of one the remedie is against him that did so releas Diuers Cur. 106. 11. E. 4. 8. If A. be bound to B. to thuse of C. and B. release C. may haue remedie therefore in Chauncerie 7. H. 7. 11. If a man pay debt due by specialtie without an acquitance or haue an acquitance and loose it he shall haue remedy in Chauncery 22. E. 4. 6. 7. H. 7. 11. But it seemeth to be otherwise if the debt be by matter of record for else might all Records be auoided by witnesses which would distroy the common Law 22. E. 4. 6. Diuers Cur. 106. D. and S. lib. 1. cap. 12. A Subpena lyeth on a promise or agreement by word as to build a house or do any other lawfull act 8. E 4. 4. Diuers Cur. 105. An action lieth against Executors in ChauÌ„cerie vpon a simple contract without specialty 7. H. 7. 11. If there be 2. obligors and the obligee giue longer day of payment to th one of them sue thother he may haue a Subpena 6. E. 4. 41. If goods be giuen to defraud creditors they may haue remedie in ChauÌ„cerie against the donees or such as haue the possessioÌ„ of the goods 16. E. 4. 9. If a man be suertiâ—â—or an others debt and the debtor and others be bound to saue the suertie harmeles the suretie haue also goods deliuered by the debtor to saue him harmeles NotwithstaÌ„ding the suerty pay the debt yet if he sue his Obligation the debtor may haue a Subpena for restitution of his goods so pawned for the same least he should be twice charged therefore 16. E. 4. 9. If a man buy a debt due by obligation and be bound to pay a summe of money to the vendor for it yet for so much as the thing sold is chose in action in the vendee he can haue no propertie and therefore hath not quid pro quo the vendee may be relieued in Equitie for his owne obligation 37. H. 6. 13. And for euidence whereof the plaintife knoweth neither the certain contents nor contentment he may haue remedy in Chauncery Diuers Cur. 105. Learne whether if a transitorie personall action be sued in a forein Countie the defendant may stay the plaintife in Chauncerie by Iniunction Diuers Cur. 106. So necessarie be the remedies in Chaunceri e vpon equities allowed by law that it seemeth to some not inconuenient to haue assigned such remedies for the 7. ground of the Lawes of this Realme which are said to consist of 6. grounds onely First the Law of Reason 2. The Law of God 3. Generall Customes of the Realme 4. Principles or Maxims of Law 5. Particuler Customes vsed onely in certein places of this Realme 6. Acts of Parliament Doct. Stu. Lib. 1. cap. 3. 4. 5. 6. 7. 8. 9. 10. 11. and 17. If a man bound in a single Obligation or bill of debt pay the money according to the bond neither taking an acquitance thereof nor cancelling the specialtie of the same he is by the common Law chargeable to pay the same debt againe by vertue of the said specialtie But may haue remedy thereof in the Chauncerie Doct. Stu. Lib. 2. cap. 6. 1. H. 7. fol. 14. ¶ A view of certeine cases wherein the partie grieued seemeth wronged Sect. 19. in Conscience and yet is remedilesse in Chauncery OF an vniust wager of Law in an action of debt vpon a simple coÌ„tract Doct. Stu. Lib. 1. cap. 18. Of a false verdict by a graund Iurie in Attaint Doct. Stu. Lib. 1. cap. 18. For damages where a man hath right or title to land in the possession of another and may by action recouer onely the land but no dammages for the meane occupation there is no remedie for the same damages in Chauncerie As if the tenant in taile be disseised and the disseisor die seised and his heire is in by discent aâ—â—â—st whom the issue in taile bringeth a Formedon he may recouer the land but no damages D. S. lib. 1. cap. 19. A man may not deny that which he
Orator hath paid by the handes of F. B. to the said I. W. and in discharge of some debts due by the said I. W. and by his appointment at seuerall times the summe of lxx l' vi s̄ viii d. which the said I. W. hath also accepted in part of payment of the said summe of one hundred and fiftie pounds which said seuerall summes the said I. W. hath from time to time accepted as in part of paiment discharge of the said summe of 150. l' And your said Orator also standeth bound for the onely debt and duetie of the said I. W. for the payment of 20. l' more vnto I. P. Esquire which your said Orator alwaies hath beene and yet is readie to pay for the said I. W. when he shall be thereunto required so that your said Orator hath in the whole paid and satisfied vnto the said I. W. and in discharge of the debtes of the saide I. W. the full summe of one hundreth fourescore and eight poundes and more which is more then your said Orator needed to haue paide vnto him as anie money due vnto the said Anne wife of the said I. W. for the saide I. W. doth very well knowe that the said H. B. did not deuise or bequeath any more vnto the said Anne then the summe of one hundred pounds And doth also very well know that he hath diuers and sundrie times vpon the receipt and payment of the saide seuerall summes not onely confessed the receipt of the same but also faithfully promised vnto your said Orator that he would cancell and deface the said obligations yet notwithstanding so it is if it may please your good Lordship that albeit the said I. W. doth very well know that your said Orator hath fully satisfied and paide vnto him the said summe of one hundreth pounds bequeached by the said H. B. vnto the said Anne and hath also fullie satisfied and payed vnto him fourescore and eight poundes and more parcell of the said hundreth pounds which your said Orator gaue vnto the said Anne of his owne free liberalitie and for the aduancement of the said A. and that the said Obligations viz. one of one hundreth poundes for the payment of fiftie pounds and one other Obligation of two hundred pounds for the payment of one hundred pounds which your said Orator became bound in vnto the said I. W. were for the selfesame debts which your said Orator hath at seuerall payments as is aforesaid paid vnto him in discharge and in part of satisfaction of the said seuerall Obligations ought in all right equitie and good conscience to be cancelled and defaced vpon the payment of the residue of the said summes which is behind and which your said Orator is readie to pay yet he the said I. W. hauing a very greedy and couetous disposition to enrich himselfe albeit he doth very well know the said seuerall Obligations to be in effect fully satisfied and discharged as is aforesaid and that he hath not at any time beene any thing dampnified by the for bearing of the said seuerall summes yet hath he now lately commenced suite vpon one of the said Obligations in her Maiesties Court of Kings Bench and vpon the other Obligation in her Maiesties Court of common Plees meaning to take the whole forfaiture of the said seuerall Obligations against your said Orator in that your said Orator did not in trueth alwaies pay vnto him the said seuerall summes according to the condition of the said Obligations but did alwaies pay the same at such times as the said I. W. had occasion to vse it and as he did at any time demaund it and doth with all the expedition he can and with the most hardnesse that he may vse seeke to recouer the penalties of the said seuerall Obligations against your said Orator contrarie to all right equitie and good conscience and to the great hurt and hinderance of your sayd Orator And albeit your sayd Orator hath diuers and sundry times earnestly required of the sayd I. W. not only to cancel and deface the sayd Obligations vpon the paiment of the residue and surcease his seuerall suites commenced vpon the same yet that or any of them to do he hath denied and refused and still doth denie and refuse contrary to all right equitie and good conscience In consideration whereof and for asmuch as your said Orator hath no good matter to pleade in barre of the said seuerall Actions by course of the common Lawes in that albeit he hath in truth paied and satisfied the said seuerall summes in such sort as the sayd I. W. held himselfe contented therewith yet can he not make any proofe of the paiment of the same according to the conditions of the said seuerall Obligations And for that also the said I. W. hath not in any sort bin dampnified by the forbearing of the said summes of money or any part thereof and yet if he had forsomuch as your said orator hath fully paied vnto him fowerscore eight pounds more then he neede to haue paied and that of his owne liberalitie there is now no reason why he should seeke by rigor of law to take the forfeiture of the said seuerall Obligations albeit it were true that the same were not fully satisfied and discharged in such sort as they ought to be May it therefore please your good Lordship to grant vnto your said Orator the Queenes Maiesties most gracious seuerall writs of Subpena and Iniunction to be directed to the said I. W. not only straightly charging and commaunding him by the same at a certaine day and vnder a certaine paine therein to be contained limitted personally to appeare before your good Lordship in the Queenes Maiesties most high Court of Chancerie then there to answere to the premisses but also inioyning him by the same his Counsellors Attorneys and Solicitors to stay and surcease the said seuerall suits and no further to proceede in the same vntill other order shall be therein taken by your good Lordship And your said Orator shall pray for your good Lordship in honor long to indure A Bill for the detaining of a lease for yeares and taking the profites of the lands leased and secret taking of a Cow distreined and impounded by the plaintife out of the pound and charging him with thee esloyning of the same Cow HVmblie complaining sheweth to your good Lordship your daily Sect ' 72. orator N. C. of H. in the countie of D. Gentleman That whereas one T. E. of H. aforesaid gentleman was lawfully seazed in his demesne as of fee of and in diuers and sundry lands tenements hereditaments with the appurtenances set lying and being in H. aforesaid And he so being thereof seised about the 20. day of May in the 27. yeare of the raigne of our soueraigne Ladie the Queenes Maiestie that now is at H. aforesaid for and in consideration of a certaine summe of money to him by the said N. C. well
and truely contented and paid and by Indenture of lease the certeine date whereof your said orator knoweth not for that he hath not the said Indenture did demise grant set and to farme let the same vnto the said N. and his assignes for and during the full ende and terme of two yeeres then next following By force whereof your said orator was thereof lawfully possessed vntill about the xvii yere of the raigne of the Queenes Maiestie that now is R. B. W. G. N. T. R. W. W. F. W. E. K. his wife by casuall meanes hauing obteyned and gotten into their hands or into the hands of some of them the said Indentures confederating themselues together of purpose to wrong your said orator to expell put him from his lawfull quiet possession of the premisses or the greatest part thereof entred into one parcell of the premisses called B. fields being then sowed with Dates by your said Orator and at the same time put in one Cow and Heyfer very maliciously to depasture and eate the graine corne of your said Orator therein then growing which said Cow Heyfer was and remained there depasturing eating and treading downe the said graine and corâ—e vntill your said Orator came and distraiued the said Cowe and Heyfer for dammage there doing and impounded the said Cow and Heyfer in a pound â—uert at H. aforesaid as lawfull was for him to do shortly after which impounding of the said Cow and heifer that is to say vpon the twelfe day of Sept. the said R. W. W. F. W. E. and K. his wife repaired vnto the dwelling house of your said Orator at H. aforesaid and then and there required your said Orator to deliuer the said Cow and Heyfer forth of the said pound affirming that they were sent thither to that intent and purpose by the said R. B. W. G. and N. T. which to do your said Orator refused as lawfull was for him to doe because the said W. F. E. and K. his wife nor any of them did then and there tender vnto your said Orator any amends or satisfaction for or towards the said trespasse But so it is if it may please your good Lordship that about a leuen or twelue of the clocke in the night of the said twelfe day of Sept. the said Cow and Heyfer was conueyed foorth of the said Pound the dore or gate of the said pound being fast locked by the said R. B. W. G. N. T. R. W. W. F. W. E. and K. his wife or some of them as your said Orator verily thinketh and is perswaded in conscience sithence which time the said B. G. and T. haue most falsely and vnconscionably charged and still charge your said Orator for the esâ—oyning and conueying away of the said Cow and Heyfer and haue thereupon not onely commenced suit against your said Orator at the common Lawe but also by colour of hauing the said Iudenture haue made and contriued vnto themselues or some of them or to some other persons to their or some of their vses sundry secret estates of the premisses and do yet most wrongfully deteine and withholde the possession of a great part of the premisses from your said Orator to his great hurt and impouerishment And for as much as your said Orator hath not any ordinarie remedie by the due course of the common lawes of this realme for the recouery of the said Indenture for that he knoweth not the certaine date or contents thereof nor wherein the same is conteined And so there by not only very like to lâ—se his lawfull and rightfull possession of in and to the premisses but also standeth in great daunger to lose great dammages for the supposed essoyning of the saide Come and Heyfer vnlesse it please God as your sayd Orator hopeth it will to moue the hearts of the said â— G. E. W. F. â— and K. his wife vpon their answeres and othes in this honorable court to discouer and disclose the trueth of their euill dealing and disorder in breaking of the said pound and taking foorth if the said Cowe and Heyfer conueying them â—o vnknowen places of purpose to charge your sayd Orator therewith And forasmuch as they haue denied and refused and yet do refuse and denie either to permit or suffer your said Orator quietly to haue and take the issues and proâ—â—tes of the said premisses or to deliuer vnto him the said Indenture of lease although he hath oftentimes most gently and friendly required and desired them so to do It may therefore please your good Lordship c. As before is said in Sectio 61. The Answere of the same Bill THE said defendants say and either of them for himselfe seuerally Sect. 73. sayeth that the said bill of complaint is very vncertaine vntrue and insufficient in the Lawe to be aunswered vnto by these defendants or any of them for diuers apparant faults and imperfections therein contained and the same very friuelous as these defendants thinke for sundry causes and namely for that that it is thereby supposed that they and others by reason of hauing the custody of the said supposed indenture or lease pretended to be made by the said T. E. in the said bill named to the said complainant of the said Demesne lands of the Highlow aforesaid for two yeares now ended if any such were haue made or contriued vnto themselues or to some other persons and to their vses sundry secret estates of the premisses where if any such estates had bin made they be already determined And the said def further say that as they verily thinke by the scope of the said bill containing in it selfe much like matter set out with many words and in effect no matter worthy to be examined in this honourable Court the same bill is deuised and exhibited into this honourable Court of meere malice and euil will to the intent to molest and trouble these defendants and others in the same bill named being quiet poore men dwelling almost seauenscore miles from the citie of W. with long and tedious iournies to make their personall apparance in this honorable Court to answere the said friuolous and vntrue bill without any good or iust cause so to do Thaduantage of exception to the manifest incerteintie and insufficiencie of which vntrue bill of complaint to these defendants and eyther of them saued for answere thereunto they and either of them for himselfe seuerally sayeth that they thinke it to be true that the said T. E. of H. in the said bill named was lawfully seised in his demesâ—e as of â—ee or fee taile of and in diuers lands â—enements and hereditâ—ments with thappurtenances set lying and being in H. aforesaid and that he being thereof so seised about two yeares now last past did demise graunt set and to farme let the same vnto the complainant for two yeares as it is in the said bil alleaged without that that these defendants of purpose to expell the said
and place appointed where this defendant was present with his commissioners and witnesses and one of the said complainants commissioners was in the towne where the place was appointed the same day and time readie to haue executed the said commission if the said complainant would haue spoken to him therefore as this defendant was credibly informed and the said complainant was there present at the same time and place and did or might haue spoken with him that was named commissioner for him who had a dwelling house in the same towne being the towne of M. in the same Countie and then and there the deponents vpon this defendantes behalfe were sworne and examined by and before these defendants then commissioners and some of them sworne in the presence of the said complainant And thereupon the depositions and examinations of the witnesses so sworne were by these defendants then commissioners caused to be ingrossed in parchment and certified into this honorable court and afterwards published and after publication this defendant staied without doing any thing therein by the space of two termes or thereabouts during which time the said complainant did or said nothing at all in the said court touching the said suit that this defendant euer heard of And then this def caused the said depositions to be exemplefied vnder the great seale of Eng. to his great charges which he hath readie to shew to this H. Court And the said complainant being not contented with these causels vexations of this defendant Anone after that this complainant had obtained the said commission the said coÌ„plainant for this defendants further vexation commenced suit against this defendant in the ecclesiasticall court of the Archb. of Yorke within whose dioces the same lands and tenements in N. in the bill mentioned be where the said father of this complainant and defendant died vpon surmised matters touching the supposed will mentioned in the said bill whereupon this defendant to his great charges appeared answered as behoued for the time by himselfe his procter as is there vsual whith suit the said complainant relinquished also as this defendant thinketh for he hath heard nothing therof these xii moneths and more And now the said complainant meaning nothing else but this defendants trouble molestation hath renued the said suit in this H. Court againe which before he had in the same court by the said first bill conteining the same matters in effect almost word for word as in the same bill is mentioned whereunto this defendant hath alreadie answered as appeareth by the same answere remaining of record here in this court and the same proceeded vpon both as afore is said wherefore this defendant for the causes aforesaid and for the said double vexation in this honorable court by two bils conteining in effect but one matter in substance demurreth in law and praieth that he this defendant may be dismissed out of this honorable court with his reasonable costes and charges in this suit wrongfully sustained A Bill for not surrendring a lease made by the Plaintife to the defendant in trust to trie a title and for occupying and wasting the tenth demâ—sed and for deteining of writings of copyhold lands contrarie to their agreement HVmbly complaining sheweth vnto your H. Lordship your daily Sect ' 77. Orator I. K. of W. in the Countie of Y. yeoman that whereas about 40. yeeres now last past one W. M. yeoman was lawfully seased in his demesne as of fee of in one mesuage with thappurtenances in E. in the County of M. and of in diuers lands tenements meadowes pastures hereditaments therunto belonging being freehold land in E aforesaid H. in the said conâ—ty of N. and he being there of such estate so seazed about the first yeere of the raigne of the Q. Maiesty that now is by his last will and testament in writing made written in the life time of the said W. M. did giue bequeath the same to one E. then his wife now wife vnto your said Orator for the time of her natural life the remainder thereof after her decease to one R. M. as by the said will appeareth and afterward the said W. M. died of such his estate thereof so as is foresaid seised by force of which wil and deuice the said E. by and after his death entred into the said mesuage or tenements was thereof lawfully seased in her demesne as of freehold for the terme of her life the remainder thereof after her decease to the said R. M. in forme aforesaid belonging also whereas the said W. M. was in his liâ—â— also seased of or in certain copihold or customary lands lying being within the manor of S. in the said county of N. and holden of the said manor by copy of the court rolles of the same manor in his demesne as of fee according to the custome of the saidmanor and he being thereof so seazed died therof so seazed by after whose death the said E. his wife was endoments of the third part of the said copihold or customary lands and tenements and according to the custome of the said manor admitted therof tenant by the Steward of the Court of the said manor accordingly by force wherof she likewise entred into the third part of the said customary tenements and premisses and was therof likewise seazed in her demesne as of freehold as tenant in dower therof for the terme of her life naturall according to the said oustome and quietly and peacably occupied and enioyed the same vntil about ten yeares now last past Now that your said Orator through importunancy and earnest perswasions of some friends of the said I. T. and A. L. was contented in some maner to yeeld vnto their suit and therupon for the furtherance and triall of the title and interest of the said I. T. about the fourteenth day of I. in the 26. yeare of the Queens Maiesties raign that now is without any fine income or other coÌ„sideration to him paid but giuing credit vnto the speaches of the said I. T. and A. L. that they would seeke nothing at the hands of him your said Orator but onely vse the benefit of his present estate for the resisting of certaine vnlawfull suits attempts which were then offered as they then affirmed by the said R. and others did by this your said Orators Indenture of lease bearing date about the said time demise graunt and to farme let to the said I. T. and A. L. all the said freehold lands tenements and hereditaments with the appurtenances in E. and H. aforesaid to haue and to hold the said tenements and premisses with the appurtenances to the said I. T. and A. L. their executors and assignes from the feast of S. M. the Bishop in winter last past before the date of the said Indenture vnto the full end and terme of 21. yeeres thence next following and fully to be complete and ended if the
of complaint if any such be he this defendant saith That true it is indeed that about three yeares now last past This said defendant or some of his seruants to his vse did receiue of this complainant xii yards of linnen cloth halfe an ell of cloth one quarter and a halfe of cloth and two scaines of threed which he thinketh to be parcell of the said wares in the said bill mentioned and supposed to be bought by this defendant of the said complainant which said wares were so receiued by this defendant or to his vse as is aforesaid to thintent that this defendant should pay to the said complainant so much money for the same as should be reasonably agreed vpon by this defendant and the saide complainant which said bargaine and agreement this defendant is and euer hitherto hath beene readie to haue performed without that that the said defendant about two yeares now last past did buy of the said complainant the said twelue yardes of linnen cloth at and for the said price of xxii s̄ or the said halfe elle of other cloth for the said price of ii s̄ viii d or the said quarter and a halfe of other cloth and two scaines of threed for the said price of xviii d for he this defendant saith that he and this complainant did neuer to his remembrance agree to anie certaine price for the said wares as in the said bill of complaint is vntruly alleaged And without that that he this defendant did euer buy of this complainant the said ten yards of beluet or any part therof or any other wares or marchandices amounting in the whole to twentie markes or for the paiment thereof euer required the said complainant to for be are him the said defendant for the space of one moneth then next following as in the saide bill is wrongfully alleaged And without that that he this defendant did faithfully assent and promise to pay the said debt vnto the said complainant at the said monethes ende Or that the said complainant trusting the bare promise of this defendant deliuered vnto him this defendant the said cloth wares veluet and marchandise as in the said bill is vntruly alleaged And without that that he this defendant perceiuing that this complainant can by no order of the common lawes of this Realme recouer any part of the said money for want of specialtie or witnesse to prone the said supposed assumption and contract hath plainely affirmed that he the said complainant shall not haue one penny thereof in such manner and forme as in the saie bill of complaint is most vntruely and slaunderously alleaged without that that any other matter c. thing things clause sentence article or allegation in the said bill of complaint contayned materiall or effectuall in the law to be answered vnto by this defendant and not c. A Bill to be discharged of sundrie bondes made by the Plaintife to diuers by the Defendants meanes vpon promise that they should not preiudice them laying open diuers cunning and lewde practises to circumuent the Plaintife HVmbly complaining sheweth vnto your honorable L. your daily Sect. 92. Orator I. M. of M. in the Countie of Y. yeoman that whereas about sixteene yeares now last past certaine debts controuersies suits and variances did arise betweene one T. L. of E. in the Countie of Y. yeoman and your said Orator and certaine other freeholders of the Lordship of Ecclesall aforesaid concerning the inclosing vse possession and occupation of certaine parcels of wast or common ground called R. in E. aforesaid wherein your saide Orator and other freeholders and all those whose estate they then had and yet haue in certaine lands in the said Lo. by all the time whereof there is no memory of man to the contrary haue vsed to haue common of pasture for their beasts and cattel vpon the said lands leuant and couchantat all times of the yeare at their wils and pleasures as vnto their tenements belonging which parcels of waste ground one N. S. Esquier before that time had demised vnto the said T. L. for certaine yeares then induring for pacifying and ending of which said suites and controuersies and of such suits and controuersies as were then betweene the said L. and S. touching the same and other things your said Orator and T. D. and other of the freeholders aforesaid and the said L. by the meanes and intreatie of the said N. S. about the said time did submit themselues to the order arbitrement and award of I. F. R. M. C. W. and E. H. touching the said controuersies to the end that the said L. would be contented that the said suites betweene him the said S. might rather by that means receiue a quiet ende then by ertremitie of law there being then great suits betweene the said N. S. and L. which the said L. would not otherwise compromit your said orator the said D. was bound vnto the said L. in one obligation of C. l vnto the said N. S. in one other obligation of C. l for performance of the said award the said N. S. then promising to your said Orator that within short time after the making of the said bond vnto him he would haue cancelled or made voide the saide bond of C. pound made by them vnto the said N. S. the meaning of which bonde your saide Orator being a simple vnlearned man thought to haue reached no further but to actes to haue bin done by himselfe against the said awarde which he the rather so thought because the said N. S. tolde him so or to the effect and they were onely so agreed to haue the condition thereof made before the making thereof And the said L. was also bound in an C. l vnto your said Orator and the said D for the performance of this part of the said awarde And afterwardes viz. about the xi yeare of the raigne of the Queenes Maiestie that now is the said arbitrators made an awarde of the premisses that the said L. should haue inclosed the said grounds during such terme as he then had therein by the demise of the said N. S. by Indenture without veration of your said Orator the said T. D. and other freeholders of the said Lo. of E. by meanes of which awarde the said L. enioyed the premisses euer since the making thereof accordingly without any vexation of the said D. or your said Orator or any other the freeholders of E. aforesaid vntill such time as the said L. caused the said premisses to be purchased or taken by lease as lands concealed and vniustly withholden from her Maiestie and thereupon caused suites to be commenced against diuers of the said freeholders by information in the Ex. of intrusion supposed to be done by them into the said premisses which suite so long continued that a verdict and iudgement therein were had for the said freeholders whereby their title to the said common being then in issue was specially found as
his body lawfully begotten And he the said C. so being therof seised of such an estate died seised without any issue male of his bodie By after whose death all and singuler the said premisses with their appurtenances did discend and come vnto your said Orator as brother next heire male of the said T. G. But now so it is if it may please your good L. that aswel the said deed of intail al other the deeds euidences escripts writings muniments manifesting for feiting defending prouing the estate right interest title of your said orator of in to the said premisses are by some casuall or sinister meanes comen into the hands custody or possession of one R. W. E. his wife T. C. A. his wife I. D. I. W. or some of them who by colour thereof haue entred into the said premisses receiued perceiued taken the issues profits commodities thereof conuerted the same to their owne proper vses behoofes without yeelding any consideration or recompence to your said orator for the same And yet not so coÌ„tented but they the said R. E. T. A. I. I. by colour of hauing the said deeds euideÌ„ces escripts writings myniments haue not only made great streppe wast of the premisses but also contriued made to themselues to other persons vnknowen to your said orator diuers sundry secret estates conueiances of the premisses to the plaine disinherison of your said orator contrary to all right equity good conscience And although your said Orator hath diuers sundry times by himselfe his friends requested the said R. W. E. his wife T. C. A. his wife I. D. I. W. and euery of them to yeeld vp the quiet possession of the premisses to deliuer vnto your said Orator the said deeds euidences escripts writings muniments yet they euery of them so to do haue vtterly refused denied and still do denie and refuse contrary to all right equity good conscience In tender consideration whereof and for asmuch as your said Oratr knoweth not the contents nor certaine dates of the said deeds euidences escripts writings and myniments nor weather they be contained in bagge or boxe sealed in chest or cubbord locked And therefore is at and by the strict course of the common law of this Realme remedilesse for the recouery of the same May it therefore c. A Bill for deteining of an Indenture of lease for yeares HVmbly complaining sheweth vnto your honorable L. your daily Sect. 98. Orator I. B. of N. in the parish of A. in the Countie of Y. Esquier And T. B. sonne and heire apparant of the said I. That whereas your said Orator the second day of Iuly in the eight yeare of the raigne of our soueraigne Ladie the Queenes Maiestie that now is did demise and to ferme let vnto one R. M. of B. in the said Countie yeâ—man all his moitie or one halfe of his messuage or tenement called D. with all the lands meadows closes pastures commons vnto the same belonging or in any wise appertayning from the feast of Saint M. the Bishop last past before the date abouesaid vnto the full end and terme of 18. yeares then next ensuing fully to be complete ended By vertue of which demise aforesaid R. M. into the mesuage or tenemeÌ„t aforesaid did enter as was lawful for him to do And now sitheÌ„ce the making of the lease aforesaid the said R. M. did often repaire come to the house of the said I. B. by that meanes in short time became very familiar with the said I. insomuch that he the said I. being aged by reason therof also lieth bedriden hath done for the space of many yeares And finding the said M. to be very diligent and carefull about him the said I. for the recouery of his health did so affect the said M. as yâ— he did wholly commit the custody keeping of all his euidences leases bonds bils amongst which the counterpaine of the said M. his lease was And vnlesse the said M. together with some of your said Orators seruants haue secretly conuaied taken it away as your said Orator doth vehemently suspect in that he wanteth the same lease by reason whereof he neither knoweth what conditions are contained in the same neither what penaltie if the rent be behind or whether there be any distresse for not paiment of the rent or else whether the lease be vtterly void if the rent be not paid at a day certaine what other couenants it containeth for prohibiting of wast to be done as also for the repairing of the messuage or tenement aforesaid with needfull reparations with diuers other couenaÌ„ts to many good purposes specified in the same lease Add for that also yâ— the said couÌ„terpain is by some such indirect means as before is aleaged come vnto the hands of the said M. as also for that your orator through want thereof by the strict course of the common lawes of this land cannot duely punish the breach of all or any the couenants therein expressed which on the said M. his part ought to haue beene performed and kept for want of the said counterpaine May it therefore please your good Lordship c. A Bill for money for bording with one whose Executor the Plaintife is HVmbly complaining sheweth vnto your honorable Lordship your Sect ' 99. daily Orator D. C. of B. in the Countie of D. yeoman executor of the last Will and Testament of D. C. his father That whereas about the first day of Iune which was in the 18. yeare of the raigne of our most gratious soueraigne Lady the Queenes most excellent Maiestie that now is one W. S. of M. in the said Countie yeoman at B. aforesaid did put himselfe and A. then his wife to borde with the saide D. C. the Testator and there to remaine so long with the said Tesator as it should please both the said parties and the said W. S. in consideration there of there faithfully agreed to pay and satisfie for the same vnto the said D. C. the Testator or his executors during such time as he and his said wife should remaine at borde with the said Testator so much lawfull English money as the said bording should be reasonably worth and at such time as he should be thereunto required By vertue of which putting to borde agreement and faithfull promise the saide W. and A. his wife were at borde with the said Testator by the space of three whole yeares or thereabouts during all which time the said Testator at his owne costes and charges did finde vnto the said W. and A. conuenient and necessacie meate drinke and lodging and at sundrie times Hay and Grasse for the Horses of the said W. which bording Hay and Grasse by the said space of three yeares aforesaid was reasonably worth fortie pounds at least Yet the said W.
F. S. their heires and assignes as all the said manors and tenements by the said Indenture to them bargained and sold at the ensealing and deliuery of the same Indentures were discharged exonerated or saued harmelesse and from thencefoorth at all times and from time to time hereafter for euer should be discharged exonerated acquited or saued harmelesse by the said W. Lord M. his heires executors or administrators of and from all and singuler giftes grants leases charges and incumbrances had made granted or suffered in or to the premisses or any part or parcell thereof by the said Lord M. or by any other person or persons whatsoeuer other then the said estate of the said K. S. late Dutchesse of S. and certaine other things in and by the said Indenture excepted as by the said Indenture appeareth For performance of which couenant of the said Indenture the said Lord M. Eagle the second day of Iune in the said xii yeare became vounden vnto the said I. C. and vnto one M. S. of I. L. in the County of B. Esquire by recognisance knowledged in this high court of Chancery in the summe of two thousand pounds as thereby appeareth And shortly afterwards that is to say about sixe yeares now last past the saide K. late D. of S. died and the said I. C. and F. S. entred into the manors tenements and premisses with the appurtenances and were and yet be thereof seised in their demesnes as of fee by force of the said conueyance and the profits thereof arising and comming to their owne vse tooke and yet doe quietly so take the same without any interruption let or trouble of the said W. S. and M. his wife and their assignes and euerie other person or persons according to the couenant true intent and meaning of the said Indenture of bargaine sale And afterwards that is to say about fiue yeares now last past the said Lord M. for the summe of sixe thousand pounds or thereabouts did bargaine and sell to the said Earle and his heires the manor of B. in the County of Yorke and diuers other lands and tenements in B. and other places in the said County by force whereof the said Earle was thereof lawfully seised in his demesne as of fee and the issues and profits thereof arising and growing did quietly take and conuert to his owne vse from the time of the bargaine during all the life time of the said Lord M. W. S. which was by the space of three yeares after the death of the said Dutchesse or thereabouts And afterwards that is to say about fiue yeares last past the said M. died since whose death the said I. C. M. S. F. S. T. H. D. W. M. and I. T. And the said M. late wife of the said W. S. and executrix or administratrix of the said Will as the saide Earle is informed by the agreement and priuitie of Ed. Lord Morley and the Lady Elizabeth his wife daughter and heire of the saide Lord Mount Eagle hauing gotten into their hands the said Indenture of demise albeit that the said T. performed not the conditions and couenants betweene him the said Lord M. amongst themselues did conceale and frustrate the saide trust reposed by the saide Lord. M. in the saide W. S. and M. or the one of them to the intent to extend the saide Recognisance of two thousand pounds vpon the saide manor of B And such other lands and tenementes as the saide Earle hath purchased of the said Lord M. contrarie to the good meaning of the said Lord M. contrarie to the great trust and confidence by him reposed in the said W. S. and M. his wife and the true meaning of the said Indenture of lease And for that purpose haue procured the said estate and interest of the said W. S. and M. of the said third part to be conueied to the said M. to the intent that the said W. M. should enter into the said third part so leased as is aforesaid to disturbe the possession of the said C. and F. S. which he hath done accordingly to the intent that therby the said I. C. M. S. might haue some colour to extend the said Recognisance of two thousand pounds aginst yâ— said Earle notwithstanding that the said I. C. F. S. euer since the entrie of the said M. haue quietly occupied the said demised third part yet do quietly occupy the same not hauing had any damage thereby to the value of xii d by reason of the said lease All which notwithstanding if it may please your good Lordship the said M. S. F. S. and I. C. haue procured execution of the Recognisance of two thousand pounds to be sued against the said Earle by proces out of this honorable Court according to the forme and effect of the said recognisance for that as they suppose the said third part is charged with the said lease thereof made to the said S. and his wife and assigned by the said S. to the said W. M. who by force thereof hath entred into the said third part and disturbed the possession of the said I. C. and F. S. and their assignes And for that by meanes therof the said manors lands and tenements to them bargained and sold by the said Lord M. in forme aforesaid were not saued harmelesse by the said Lord M. or his heires of and from all and singuler leases had made or granted of the said manor and other the premisses mentioned in the said Indenture of Bargaine and sale according to the forme and effect thereof which said practise and compact is much against the said trust and meaning of the said Lord M. reposed in the said W. S. and M. â—is wife and against the true meaning of the said Indenture of lease Recognisance tending to the great losse and damage of the said Earle and against all right equity and good conscience if the said purpose should not be equity and consideration of this honorable Court be preuented and mette withall In consideration wherof and for so much as aswell the said trust touching the said lease as the said compact and agreement amongst the said parties to extend the said Earle his said lands by reason of the said Recognisance by matters secretly agreed vppon amongst themselues the said Earle not knowing any witnesses which were present at the making thereof so that the said Earle can very hardly make such proofe in this honorable Court thereof or of the said conditionall deliuerie of the said Indenture as is necessary in the behalfe vnlesse the said parties or some of them will confesse the same in their answeres vpon their Oathes in this honorable Court as the said Earle verely thinketh they will And for asmuch also as it is very likely that the said Lord M. would neuer haue entred into the said recognisance of two thousand pounds for the performance of the said couenants of the said Indenture of bargaine and sale without making
exception therein of the saide lease if the said lease of the said third part before the making of the saide Indenture of bargaine and conueyance had not beene so deliuered of credit and of trust frustrated or granted ouer to the said W. M. or some other by the consent and agreement of the said I. C. and F. S. for their benefit for the auoiding of new charges growing betwene the making of the said lease the said bargaine And albeit aswell the other two parts of the said lands as all other lands tenements with thappurtenances bargained sold by the said Indenture were be clearly discharged of al incumbrances according to the true meaning of the said Indenture it may therefore please your good Lordship the premises coÌ„sidered to grant vnto the said Earle the Queenes Maiesties most gracious writ of Subpena to be directed vnto the said I. C. M. S. E. L. M. and E. his wife C. D. W. M. I. T. M. commaunding them and euery of them at a certaine day and place and vnder a certaine paine therein to be limitted to be and personally to appeare before your good Lordship in the Queenes Maiesties high Court of Chancery then and there to answere vnto the premisses and to abide such further order and direction therein as to your honour shall seeme to stand with right equitie and good conscience And the said Earle c. A Bill for the defendant by meanes of enâ—ermariage with the wife and executrix of one who by casuall meanes got the possession of one deede of demise indented made vnto the plaintife detaineth the said demise and by colour thereof doth occupie the tenements demised and taketh the profits to his owne vse IN most humble wise complaining sheweth vnto your good Lo. your Sect ' 121. daily Orator I. M. of B. in the County of N. That whereas one T. C. of D. within the County of Y. did by his deed Indented of demise about the fiueteenth yeare of the Raigne of our Soueraigne Ladie the Queenes Maiestie that nowis demise and grant to your said Orator ten acres of land fiue acres of meadow and fiue acres of pasture with thapppurtenances lying and being in B. aforesaid To haue and to hold to your said Orator and his assignes for the terme of xxi yeares from and after a certaine day therein expressed if the said T. C. should so long liue for the yearely rent of xx shillings payable at the feast of P. and Saint M. the Bishop in winter by euen portions But now so it is if it may please your good Lordship that the said Indenture the certaine dates or contentes whereof your saide Lordshippes Orator knoweth not before the day when the said lease should begin and take effect did by casuall meanes come to the hands custodie and possession of one I. W. who made his last Will and Testament and therein appointed one E. then his wife his sole executrix and died by and after whose death the said Indenture came into his hands and custodie of the said E. since which time the said E. did marie and tooke to husband one R. I. of B. by reason of which intermariage the said Indenture is now come to and remaineth in the hands custodie and possession of the said R. I. and E. his wife or of the one of them who by reason of hauing of the said Indenture without any iust title or interest therein haue entred into the said premisses with thappurtenances and will not in any wise quietly permit and suffer your Lordships said Orator to haue and inioy his said terme of and in the premisses according to his lawfull right and interest therein but contrarie to all equitie and good conscience haue euer sithence taken and conuerted and as yet doe daily take and conuert the issues to their own proper vse and behoofe and will neither deliuer vnto your Lordships said Orator the said Indenture nor permit and suffer him to haue and peaceably enioy the said premisses as aforesaid or any part thereof although your said Orator hath at diuers sundrie times required them so to doe In consideration whereof and for as much as your Lordships said Orator is without all helpe and remedie at the common law for that he knoweth not nor remembreth the dates or contents or any other certainty of the said Indenture May it please your good Lordship to grant her Maiesties gracious writ of Subpena to be directed to the said R. I. and E. his wife and to either of them commaunding them and eyther of them thereby personally to appeare before your honor in her Maiesties high Court of Chancery at W. at a certaine day and vnder a certaine paine by your honor therein to be limited there c. A Bill against an Infant for bourding and apparrell deliuered to him by the plaintife and for not performing of a lease IN most humble wise complaining sheweth vnto your Honorable Sect. 122. Lordship your daily Orator T. T. of B. in the Countie of D. husbandman That whereas about foure yeares now last past one G. B. of B. aforesaid yeoman being seised in his demesne as of â—ee of and in diuerse landes tenements and hereditaments with their appurtenances in B. aforesaid holden in Socage of I. S. as of the Manor of D. which said tenements and premisses the said G. B. had by discent by and after the death of B. his late father and the said G. B. being thereof so seised and being of the age of xx yeares or thereabuuts and vnder the age of xxi yeares about the xxv day of Iuly which was in the thirtie yeare of the Raigne of the Queenes most excellent Maiesty that now is by means counsaile procurement and perswasion of diuers euill disposed persons that is to say one A. E. I. M. W. M. T. C. H. M. N. H. W. H. and D. D. intending by their vngodly compact practise to make a pray of the simplicity of your said Orator being an ignorant vnlearned man the said G. B. came vnto your said Orator pretending that he did then beare great good will and fauour to your said Orator and therefore entreated your said Orator that he might boord remaine with your said Orator in his house at B. aforesaid and not onley haue meat drinke lodging but also such apparrell rayment as your said Orator should thinke meet conuenient for his degree calling at the costs charges of your said Orator promising faithfully and fully to satisfie your said Orator for all such charges expences as he by reason of the premisses should in any wise sustaine Wherefore your said Orator giuing credit vnto the said G. B. in the premisses thinking that that he had faithfully promised he would fully and effectually haue performed did then fully consent and agree to and with the said G. B. to find him meat drinke lodging apparrell as is aforesaid for the consideration promised
vpon any iust cause Neuerthelesse the aduantage of exception to the vncertaintie and insufficiencie of the said bill to these defendantes at all times saued For aunswere and declaration of the trueth they say and euery of them saith that true it is that one R. S. of F. in her Maiesties Countie of H. was in his life time seised in his demesne as of fee of and in one messuage and certaine lands and tenements in H. in the said County of H. and being so seised by his deed of foffement vnder his hand and seale about the xxxvi yeare of King H. the viii conueyed and assured the same messuage and lands vnto one I. S. his sonne and to his heires and assignes for euer as by the deed of the said R. vnder his hand and seale redy to be shewed vnto this honorable Court doth and may appeare By force whereof the said I. S. was thereof seised in his demesne as of fee And being so thereof seised for a certaine summe of money to him paid by W. G. father of one of the defendants did conuey and assure the said messuage and lands vnto the said W. G. and his heires with warrantie as by the deed and release of the foresaid I. S. doth and may appeare After which the foresaid W. G. the father vnto the said defendant died of the said messuage and lands seised After whose death these defendants entred into the said tenements and the same enioyed the their own profits and commodities as lawfull was for them to die without that that R. S. of H. in the said bill mentioned was seised of the messuage and lands in the bill mentioned in fee taile or that the said I. S. father of the complainant was seised of the premisses in the first yeare of King Edward the sixt or that the said W. G. father of one of the defendants got the possession of the messuage the euidences concerning the same other wise then was lawfull for him to doe Or that the defendantes or any of them do vniustly withhold the said messuage or lands in the bill mencioned or the euidences concerning the same otherwise then is lawfull for them to do in respect of their right And without that that the said messuage and lands with the euidences concerning the same do in right or equitie appertaine to the Complainant as sonne and heire to I. S. the father And without that that any other matter or thing in the said bill contained concerning these defendants and not in this answere sufficiently confessed and auoyded trauersed or denyed is true All which matters these foresaid defendants are c. vt supra The Replication THe Complainant auerreth and maintaineth his said bill of complaint Sect. 130. and all and euery the matters and things therein contained to be verie good iust and true in such sort maner and forme as in the said bill of complaint is declared And saith that the answere of the defendants for the most part is vncertaine vntrue and insufficient in the law to be answered vnto Neuerthelesse all aduantages of erception to the insufficiency thereof to this complainant at all times hereafter saued For replication saith in all and euery thing as in the said bill of complaint he hath said And further saith that he doubteth not but that he can verie sufficiently proue that the said I. S. this complainants father was about the first yere of the raigne of King Eow the sixth or not long before seised in his demesne as of fee taile of the foresaid mesuage lands and tenements in the said bill mencioned And he also hopeth to proue all the rest of the said bill to be true in such sort as the same is truely declared and set downe without that that the foresaid R. S. this complaynants graundfather being seised of the premisses in his demesne as of fee did lawfully by his deede of feoffement vnder his hand and seale about the xxxvi yere of king H. the eight conuey and assure the said mesuage and lands vnto one I. S. his sonne and to his heires and assignes for euer Or that the said I. S. being of the premisses seised in his demesne as of fee for a certaine summe of money to him paied by the said W. G. father of one of the defendants did lawfully conuey and assure the said mesuage and lands vnto W. G. one of the said defendants and his heires with warrantie as in the said answere is verie vntruely alleaged And without that that the said W. G. father to one of the defendants died of the said mesuage and lands seised in such fort as in the said answere is likewise declared or that it was lawfull for the said defendants after the death of the said W. G. to enter and occupie the foresaid mesuage and lands as also in the said answere is inserted And without that that any other matter c. All which c. vt supra A Bill for debt leuied by extent COmplaining sheweth c. A. B. of c. That whereas the said A. B. Sect. 131. in the beginning of her Maiesties Raigne liuing in her highnes Court for his furniture of iewels plate money and such like had credit with one C. D. Citizen and Goldsmith of London for the which as he had occasion to borrow any money or take by any wares so he deliuered his Bils or Obligations for the true paiment of any such money so borrowed or for the price of any such wares so bought at daies betwixt them agreed which daies he alwaies kept or tooke order for the for bearing thereof by himselfe or his seruants such as he did imploy in those affaires Amongst which there was in D. in the first yeare of c. a certaine debt or reckoning of how much certainely he now remembreth not betwixt him the said C. D. and the said A. B. for the which he the said A. B. was bound to the said C. D. in the summe of c. by his deed obligatory bearing date c. which Obligation as he now remembreth was single with a defeasance for the debt which was then agreed vpon to be answered at a certaine day following which said debt he the said A. B. paied accordingly by his then seruants and officers who vnknowing vnto the said A. B. did negligently as is to be coniectured leaue the bonds in the hands of the said C. D. after the reckoning and debt paid or discharged And so afterwards the said A. B. did deale and continue in further credit with the said C. D. for diuerse other great summes of money iewels and plate some vpon the said Goldsmithes booke and some vpon Bils and Bonds whereof the most part were afterwards discharged sauing one debt by Recognisaâ—ce about the foure and twentie day of c. in the c. being to the value of 200. markes In which said latter debt the said A. B. presuming of friendship and friendly dealing at the said C. D.
would trust him therewith that then within short space after he would truely make payment aswell of the hundred pounds as also of the said two hundred poundes vpon which earnest intreatie the said C. D. being a man of a verie good nature and easily led by such as he any way conceaued or thought well of was contented to satisfie his request But yet forasmuch as the said A. B. had before that time taken but small regard concerning the keeping of his dayes vpon the single obligation aforesaid the said C. D. then thinking to deale more substancially with him then before demaunded a recognizance for the said summe of an hundred poundes so then to be lent without which he was vtterly vnwilling to trust him any further Whereunto the said A. B. assented and became bound accordingly in a Recognizance of two hundred markes with condition for the true payment of an hundred pounds which is the recognizance in the saide bill of complaint mencioned For discharge of which recognizance the said A. B. tooke no greater regard then before he had done for payment of the said single Obligation And therefore the said C. D. at the last three yeares at the least being then past after the forfaiture of the said Recognizance perceiuing the carelesnesse of the said A. B. asked aduise of some of his friends what course he were best to take for the obtayning of the saide seuerall summes of money By whom he was aduised to put the saide Recognizance rather then the Obligation aforesayd in suit aswell for speedy end of suit in the same as also that thereby it was thought the saide A. B. would the rather seeke meanes to make satisfaction aswell of the one debt as of the other But he meaning nothing lesse nor regarding the saide suit suffered the same to proceede till some parcell of his lande was extended and so the saide C. D. was faine after three yeares forbearance of the said summe of one hundred poundes as aforesaid and after he had spend more then twentie poundes in suites and rewardes in obteyning the says extent to accept onely twentie markes by the yeare till the sayd two hundred markes being the principall and penaltie were payed vnto hym so that the forbearance of the saide summe accompted together wyth the charges in suit great losse of time in following the same and rewardes gyuen to Shirifes and Baylifes or euer any the saide landes might be extended The saide C. D. sustayned so great losse as by the circumstances of that which before hath been shewed doth euidently approue that he was vtterly discouraged to attempt any more suits against the saide A. B. but rested still in hope that at one time or other he should obtaine meanes in quiet sort without suit in lawe to get satisfaction also of the said summe of c. which hath bin the reason onely why the sayde E. D. did not put the sayd Obligation in suit so long time without that that to the knowledge of this Defendant there was euer any defeasans made vpon the said Obligation or that any such defeasans by casuall meanes is come into the hands of this Defendant as in the said Bill is vntruely alleaged And without that that the said A. B. by himselfe or his officers as by the premisses manifestly appeareth did make payment of the said debt or any part thereof which the said defendant is the rather throughly perswaded of as well because she was well acquainted with the dealings of her said husband as also because at the time of the debts of her said husband he lying in extremity called this defendant vnto him and said that he had carefully gathered together sundry bonds and Obligations which at sundry times had beene made vnto him for diuers summes of money and yet in trueth they were paied and discharged and those bondes and Obligations he had put in a boxe by themselues and named them Billes which Obligations he willed this defendant to cancell or deliuer to such persons as were the Obligors and in any wise not to demaunde any debt vpon any of them And further he also openly said that all the residue of the bonds and Obligations remaining in other boxes which he then also named were due and owing vnto him In the which of the said boxes the said Obligation of 200. li. was found neither is it to be thought that any officer of the said A. B. would deale so lightly as to paye the money due vpon the said Obligation beeing but single and without penalty without either acquittance or the bond it selfe redeliuered or cancelled Or that the said A. B. himselfe would haue allowed of any such payment vpon any his officers accompts And without that that the said A. B. did at any time allow any maner of consideration for the forbearaunce of any summe of money due by him to the said C. D. as also is vntruely alleaged And without that that the said C. D. did put the same Recognisaunce in suite presently after the forfeiture thereof for the same was forborne three yeares after as is before declared And without that that it is likely that the saide C. D. did acknowledge himselfe satisfied of all those seuerall summes of twenty markes which should make vp the two hundred markes vpon the extend aforesaid when as he had recouered the whole debts due to him by the said A. B. but onely without that that the said A. B. to the knowledge of this defendant did signifie by his letters his displeasure towardes the sayde C. D. as also is vntruely set downe And without that that any other thing materiall in the lawe c. As in the other To cause one to shew his Lease whereby he holdeth c. MOst humbly complayning c. A. B. of c. gentleman That Sect. 133. whereas about fower yeares last past one C. D. of L. vpon a certaine iudgement in a plea of debt amounting to the summe of c. or there abouts by him obteyned in her Maiesties court of common plees against one L. F. of c. in the Countie of c. sued forth her Maiesties writ of Fieri facias directed to the Shirife of the said Countie for the leuying of the said debt of the goods and chattels of the said E. F. By vertue of which writ the Shirife did amongst other things take into his hands one lease for diuers yeares yet induring made to the said E. F. by one T. S. in the Countie of S. esquier of three parcels of land called and knowen by the name or names of c. with all and singuler their appurtenances lying and being in the parishes of c. in the said Countie of c. together with all and singuler woods vnderwoods and trees set lying being and growing in or vpon the premisses or any part thereof together also with the reuersion and reuersions of the premisses aforesaid and euery parcell thereof And also all maner of common aswell of
estouers and pastures as all other commons pastures profites and hereditaments whatsoeuer to the said premisses belonging or in any wise appertayning And afterwards the said Shirife that is to say vpon the third day of May c. by his deede bearing date vnder his hand and seale did in consideration of c. to him paied towards the satisfaction of the debt and iudgement aforesaid bargaine sell assigne and set ouer the said lease and terme of yeares yet to come of all and singuler the premisses vnto one G. H. of L. genâ— which G. H. not long after did in consideration of c. by your Orator to him paied bargaine sell assigne and set ouer vnto your said Orator all and singuler the premisses and euery part thereof Vpon which bargain and assignement of the premisses so made as aforesaid your said Orator was in verie good hope to haue peaceably and quietly entred into the premisses and so to haue occupied and inioyed the same accordingly Neuerthelesse so it is right Honorable that one R. T. of c. in the saiâ— Countie of L. pretending to haue a lease for diuers yeres yet to come of some part of the said lands called c. made vnto him by the aforesaid E. F. long time before any assignements aforesaid hath and yet doth keepe your said Orator from the possession of the said lands vpon which lease or demise a certaine yerely rent is as he saith reserued to the said E. F. his executors or assignes which as your Orator verily thinketh is c. by the yeare and which rent whatsoeuer it be your Orator by reason of the lawfull conueyance to him made as aforesaid ought both in law and conscience to haue and inioy during such terme as the said R. T. shall hold and occupie the land aforesaid by reason of the said lease which he so pretendeth to haue But because your Orator doth not certainely knowe whether the said R. T. haue any such lease neither if he haue what date it beareth what terme the said R. hath therein vnexpired what rent thereby is reserued nor what couenants are therein conteined as also your Orator can not nor knoweth not how in due forme of law to enter or commence any action against the said R. T. either for the recouerie of the said land or rent aforesaid which the said R. T. right wâ—ll knowing being a man of little or no conscience but destitute of the feare of God thinking all things well-gotten which he may get and hould without the punishment of the law doth not onely vse the said land to his great profit and commoditie without yelding or paying therefore any rent ot your Orator or any other person lawfully clayming the same but also doth vtterly refuse to shewe his said Lease whereby he claymeth to hold the lands aforesaid vnto your said Orator to the great losse and hinderance of your Lordships said Orator In tender consideration whereof and for asmuch as your Orator hath no ordinarie way by the course of the common Lawes of this Realme to enforce the said R. T. to shew forth such writings as he hath for the holding and inioying of the lands aforesaid but is and shall be vtterly destitute of all maner of helpe or meanes to obtaine the same to his great hinderance and impouerishment except your honorable Lordship of your accustomed clemencie towards all such as are oppressed do extend your fauour in yâ— behalfe so that by the order of this honorable Court the said R. T. be inforced vpon his oath to shew what right he hath to the premisses or any part thereof and likewise to set downe in his answere the true copie of the said lease verbatim or other writings whatsoeuer they he whereby he claymeth the premisses or any part of the same May it therefore please your good Lordship c. The Answere THe said defendant not knowledging or confessing the matters Sect. 134. suggested in the said bill of complaint to be true for his answere touching the same saith That the said E. F. named in the said bill of complaint was possessed for diuers yeares yet to come and induring of the said three parcels of land called or knowen by the name of c. mencioned in the saide bill of complaint by vertue of a lease thereof made by the said T. S. also named in the said bill of complaint vnto the said E. F. long before the supposed extent specified in the said bill of complaint And the said E. F. so being thereof possessed long before the said supposed extent if any such were had in such manner as in the said bill of complaynt is supposed made a lawfull demise and lease of part of the said three parcels of land conteyning fowerteene acres or thereabouts vnto the said defendant for diuers yeares yet to come and remayning vnexpired vpon which lease the said E. F. reserued a yerely rent to be paied during the continuance of the said lease By force of which lease the said defendant entered into the said fowerteene acres of land part of the said three parcels called c. and was and yet is lawfully possessed accordingly And euer since and yet doth inioy the said fowerteene acres by vertue of the said d◠〈◊〉 and lease made by the said E. F. to the said defendant and is to haue and inioy the same during the continuance of the yeares of which there are diuers yeares yet to come and remayning vnexpired And the said defendant sayeth that yâ— said complaynant is a man to this defendant vtterly vnknowen And therefore the said defendant marueyleth much of the said suit exhibited by the said complaynant into this honorable court against the said defendant touching the said premisses And further saieth that the said E. F. after the said demise and lease by him made vnto the said defendant of the said fowerteene acres of land and before the said supposed extent if any such be made a graunt and assignement of the interest and terme of the said E. F. aswell of the said fowerteene acres which the said defendant hath and occupieth by vertue of his said lease for diuers yeares yet thereof to come and coutinuing vndetermined as also of the residue of the said three parcels of land mencioned in the said bill of complaint vnto R. F. the sonne of the said E. F. vnto which graunt and assignement the said defendant was priuy And therefore the saide defendant thinketh that he is for the payment of his rent chargeable and ought by the Law to pay the same rent reserued vnto the saide R. F. and not to the saide complaynant which saide R. doth verily thinke that he is lawfull Landlord during the continuance of his yeres yet to come and induring and not the said complaynant who is altogether a meere stranger vnto this defendant And which complaynant neuer at any time heretofore demaunded any rent for the said part of the lands that this defendant hath and
occupieth by the lease for yeres yet continuing of the said defendant And the said defendant also saieth that he is sued for the rent reserued vpon his lease by the said G. H. named in the said bill of coÌ„plaint in the kings Bench in an action of debt brought by him against the saide defendant And therefore the said defendant much marueileth of this suit of the saide complaynant brought in this honorable court against the said defendant touching the said premisses By which suit of the said complaynant the said defendant is wrongfully sued and vexed without any iust cause of suit without that that there is any such extent made of the said three parcels of land called c. or that after the same extent there was any such bargaine sale made by the said Shirife named in yâ— said bill of complaint of the said terme lease of yeres of the said premisses vnto the said G. H. Or that the said G. H. bargained or sold the said premisses vnto the said complaynant or that the said complaynant ought to haue and inioy the said premisses to the knowledge of this defendant And without that there is any other matter or thing c. All which matters c. â—ill for a title of land intailed IN most humble 〈◊〉 sheweth and complayneth vnto your good Sect ' 135. Lordship your daily Orator R. R. husbandman That where one W. late of S. in the county of W. husbandman grandfather of your said Orator was lawfully seised in his demesne as of fee by due course of inheritance vnto him lawfully discended from his auncestors and other lawfull conueyances in the law of and in one messuage c. CC. acres of land meadow wood and pasture with their appurtenances in S. aforesaid And the said W. R. so being of the premisses seised about ten yeres now past It was condiscended granted agreed betweene the said W. R. and one I. E. late of H. in the said countie deceased that A. B. then sonne and heire apparant of the said W. R. before a certaine day should marry and take to his wife one A. E. daughter of the said I. E. and that the said W. R. in consideration thereof and for that the said A. should be greatly aduanced and preferred in goods and substance by the mariage of the said A. would immediatly after the said mariage had and solemnized conuey and make vnto the said A. and A. a good sufficient and lawfull estate in the Law of and in the said mesuage lands tenements and other the premisses To haue and to hold vnto the said A. and A. and to their heires males of their bodies lawfully begotten And afterward the said A. according to the said agreement did marrie and take to his wife the said A. E. immediatly after which mariage had and solempnized the said W. K. according to his said promise and agreement did lawfully enfeoffe of and in the said mesuage lands tenements and other the premisses the said A. R. and A. then his wife To haue and to hold vnto the same A. and A. and to their heires males of their bodies lawfully begotten by force whereof the said A. and A. were seised of and in the premisses in their demeanes as of fee taile speciall and they so being thereof seised the said A. and A. had issue male betweene them lawfully begotten one I. R. and your said Orator and one W. R. and the said W. R. the elder died by and after whose death the reuersion in fee simple of the premisses discended vnto the said A. as sonne and heire vnto him And afterward the said A. and Agnes dyed after whose death the said messuage lands tenements and other the premisses discended and came and of right ought to discend and come vnto the said I. R. as sonne and heire male of the bodie of the said A. and A. lawfully begotten by force whereof the said I. R. entred into the said messuage lands tenements and other the premisses and was thereof seised in his demesne as of fee taile And he so being thereof seised the said I. R. about foure yeres now past of the said messuage and other the premisses dyed seised without issue male of his bodie lawfully begotten by force whereof the said messuage and other the premisses discended and came and of right ought to discend and come vnto your said poore Orator as brother and heire male to the said I. R. by the vertue of the gift aforesaid So it is my singuler good Lord that aswell the deede of intaile made of and for the premisses by the said W. R. the grandfather vnto the said A. R. and A. and to the heires males of their bodies lawfully begotten as is aforesaid as diuers other charters euidences and deedes writings and muniments concerning the premisses prouing the said interest and title of your said Orator in and to the premisses been disceiptfully comen to the hands and possession of I. W. and C. his wife late wife of the said I. R. G. W. gentleman and T. S. the elder and remaine there as they haue conueyed and put them and by colour of hauing the said euidences deedes writings and mumments in their hands and possession the same I. W. and E. haue now of late wrongfully entred into the said messuage and other the premisses And the possession thereof do so yet wrongfully deteine keepe from your said Orator and also the rents issues and profites thereof haue wrongfully receiued perceiueâ— and taken to their owne vse by the space of fower yeres past and so yet do contrary to all right and good conscience And albeit that your sayd Orator hath often and sundry times required and instantly desired the said I. W. and E. G. W. and T. S. aswell to deliuer vnto your said Orator the said euidences deedes writings and muniments concerning the premisses as also to auoid the possession of the premisses and peaceably and quietly to permit and suffer your said Orator and his assignes to haue and inioy the same and to receiue and take the rents and profits thereof to his owne vse according to his said interest and title therein which to do they at all times haue refused and denied and yet do contrarie to all right and good conscience And for asmuch as your said Orator knoweth not the certaine number contents ne other certainties of the said euidences deedes writings and muniments nor wherein they be conteined And also for that the said I. W. E. G. W. and T. S. be of so great substance riches and also greatly frinded and borne in the said Countie of W. And your said Orator being but a poore man and hauing but few friends in the said Countie the same your said Orator is and shall be therefore without remedy concerning the premisses by due course and order of the common Law and otherwise vnlesse your good Lordships ayde and fauour be vnto him shewed in this behalfe In consideration whereof
it may please your good Lordship the premisses tenderly considered to graunt vnto your said Orator the Queenes most gratious seueral writs of Subpena to be directed vnto the said I. Werewick E. G. S. and T. S. commaunding them and euery of them by the same personally to appeare in the most honorable Court of Chauncery at a certain day vpon a certain paine by your good Lordship to be limitted therein then and there to make answere to the premisses And further to be ordered therein as shall accord with right and good conscience And your said Orator shall daylie pray c. The Answere of I. W. to the bill of complaint of R. K. husbandman THe said defendant saith that the said bill of complaint is vncertain Sect ' 136. and insufficient in the law to be answered vnto the matter therein contained vntrue principally imagined pursued by the vnlawfull procurement bearing supportation of one W. C. Esq to the intent to put the said def to trouble costes expences intending thereby the vnquiet impouerish the said def as they should be faine to leaue the right title and interest of and in the premisses so that the said W. might purchase buy the same of the said Complainant And of late the said W. C. hath made meanes vnto the said I. W. now def to buy his title interest of in the premisses and threatned him to haue the same and if he would not let him haue it with his good will that then he would haue it against his will whosoeuer tooke his part and if the contents of the said bill were true as they are not yet were the matter determinable at the common Law and not in this honorable Court whereunto the said def prayeth to be dismissed and yet neuerthelesse the aduantage of the premisses vnto this defendant at all times saued For further answere vnto the said bill for declaration of the truth of the contents of the said bill the said def saith euery one of them saith that longtime before the said A. R. mencioned in the said bill of complaint any thing had in the said messuage other the premisses or that the said W. R. was thereof enfeoffed T. R. of P. T. S. of S. and W. of E. were thereof seised in their demesnes as of fee so being thereof seised by their writing indēted ready to be shewed the said messuage other the premisses contained in y◠said bill of cōplaint amongst other things gaue demised deliuered by their said writing indented cōfirmed vnto the said W. R. mencioned in the said bill of complaint and vnto A. his wife To haue to hold the said messuages other the premisses vnto the said W. and A. for terme of their liues and to the wife of the longer liuer of them And the said T. and T. willed declared in the said writing indented that the said messuage all other the premisses should remaine vnto the said A. mentioned in the said bil of complaint vnto A. his wife vnto the heires assignes of y◠said A. for euer without y◠the said W. R. did enfeoffe of in the said messuage lands tenements other the premisses the said A. A. to haue to thē to their heires males of their two bodies lawfully begotten or that the said A. Agnes were seised of in the premisses in their demesnes as of fee taile as in the said bill of cōplaint is surmised without that that after y◠death of the said W. y◠the remainder of y◠premisses in fee simple discended vnto the said A. as sonne heire vnto him or that after y◠death of the said A. A. the said messuage other the premisses discended and of right ought to discend or come vnto the said I. R. in the taile especiall as sonne and heire male of the bodie of the said A. and Agnes lawfully begotten either any other discent of inheritance therein of a meere fee simple or that the said I. by his entrie into the said mesuage other the premisses after the death of his father mother was then seised of and in his demesne as of fee taile especiall or of any such estate dyed seised or that after the death of the said I. that the said mesuage and other the premisses or any part or parcell thereof discended and came or of right ought to discend and come to the said complaynant as brother and heire male to the said I. K. by vertue of any gift or otherwise as in the bill of complaint is vntruly surmised But the said defendants do auerre and are shall be at all times ready to proue as this honorable Court shall award that the said messuages and all other the premisses by and immediatly after the death of the said I. R. discended and of right ought to discend and come to one A. daughter and heire of the said I. lawfully begotten on the bodie of the said E. one of these defendants the which A. is yet in plaine life and in the ward and custodie of her said mother And without that that any deede of taile was made of and by the said W. R. the grandfather or any other euidence deeds writings or muniments concerning the premisses proouing the said interest and title of the said complaynant of the premisses and euery part and parcell thereof to be comen to the hands and possessions of the said I. W. and E. his wife or either of them or to the custodie or possession of any other by their deliuerie conueyance or appointment but trueth it is that the said defendants haue in their custodie one writing indented readie to be shewed whereby the remainder of the premisses is conueyed vnto the said A. and Agnes his wife and to the heires and assignes of the sayd A. for euer as is aforesaid and diuers other euidences and writings proouing and concerning the conueyance of the fee simple of the said mesuage and other the premisses vnto the said A. and other his auncestors the which charters euidēces writings the said def do still with them detaine keepe as good lawfull is for them to do as wel for y◠proofe and preseruation of their right title and interest vnto the third part of the premisses for the dowrie of the said E. as for the preseruation of the right title and interest of the said A. daughter and heire to the said I. of and in the said mesuage and other the premisses without that the said def haue at any time wrongfully entred into the said mesuage and other he premisses or into any part thereof or the profites thereof do wrongfully detaine and keepe frō the said complainants or the rents issues and profites thereof haue wrongfully destreyned perceyued and taken to their owne vse as in the same bill is also vntruely surmised A Supplication in the Chauncerie vpon deceipt by a Partner IN most
the said seuerall mannours extended as aforesaid vnto your Orator to hold them in extend vntill your Oratour were of the saide summe of 1200. l with his costs and expences herein sustayned fully satisfied paid By vertue of which said writ the said Clement Paston then Sherife did deliuer in extent to your saide Oratour the xii day of March then next following the foresaid seuerall mannors of H. W. A. and B. with the two faires holden twise by the yeare and the market of H. there holden euery weeke with the hundred of F. with their appurtenances And the said mannor of H. with the appurtenances And also the said mannor of S. Mo. and WO. with thaduowsons patronage of Sw. M. and W. with their appurtenances together with the mannor of B. with thappurtenances the foresaid mannor of A. with thappurtenances to hold to your said Orator his assignes according to the said extent vntill the said debt of 1200. l together with your Orators costs and damages were taken and leuied of the premisses By vertue whereof your said Orator was of the premisses possessed and so being possessed the said Lord Mo. before that your said Orator had or could receiue any profit of the premisses or of any part or parcell thereof by meanes or reason of the said execution thereupon made deliuered to your saide Orator did make humble suit to your ho. Lordship that it would please the same to moue your sayd Orator to forbeare the taking of the issues rents profits of the said seuerall manors other the premisses from the molesting of the farmors tenants occupiers thereof for the same vntill your ho. Lordship or some others to be by your Lordship apointed had heard determined the cause and reckoning betweene the said Lord M. your said Orator whereupon your said Orator was content at the motion request of your ho. Lordship to permit the tenants of the premisses to continue in their possession quiet and to forbeare the taking of the rents and profits thereof and to referre the hearing and ending of all reckonings demaunds betweene your said Orator and the saide Lord Mo. to the order and determination of maister Doctor S. one of the maisters of this most honorable Court of Chauncerie to S. B. Gent̄ one of your Honors Secretaries being thereunto assigned and apointed by your Lordship in fauour of the said Lord Mo. who entred into examination of the premisses in controuersie betweene the said Lord Mo. and your said Orator and by their mediations and at their requests your saide Orator was content in forgo neere the summe of 100. pound of his iust demaund so that the said Lord Mo. would content and pay the residue to your said Orator in such sort and at such times as the said maister S. and maister Br. did conclude and set downe but the said Lord Mo. meaning and intending still to delay your said Orator and to keepe him both without his money and the profits of the said mannors and other the premisses with the appurtenances whcih were deliuered vnto your said Oratour in execucion towards the satisfying of the debt costs and damages did not only neglect to performe the saide agreement and order taken by the saide maister S. and maister Br. but hath and doth vtterly refuse and denie to performe the same by reason whereof your said Orator for the leuying of his debt costs and damages did purpose and intend to take the benefit of his said execucion and for that end your said Orator about the feast day of S. Michaell the Archangell last past trauayled into the saide Countie of Norffolke where the saide mannors and premisses do lye and there did offer to keepe Courts and did likewise require the tenants occupiers and farmors of the saide mannors and premisses to render and pay to your said Orator the rents issues and profits then due for the said premisses to your said Orator and therewithall your saide Orator did require the saide tenants and occupiers of the saide mannor and premisses to discouer and make knowne to him how and in what sort and by what title they and euery of them did hold claime and enioy the seuerall parcels of the said premisses which they the said farmors and occupiers did seuerally occupie possesse and enioy to the end that your saide Orator might hereafter be assertained and fully instructed how to demaund recouer and come by the rents reserued vpon their seuerall estates and interests which be rightfully belonging and appertayning to your saide Oratour by reason of the saide extent but so it is if it may please your honourable Lordship that the saide L. Mo. T. L. Tho. B. Theodora Goodwin Hen. Blage Steward Thomas Louell Thom. More Henry Hynde Rich. Handford Edmond Coles Tho. Baylie Wil. Drake Geo. Thurstone Rap. Story being all Owners Farmors Tenants Occupiers and Officers of the sayde Mannors and premisses in whose hands and keeping all the Court Rolles Rentalls Leases and counterparts thereof which touch or concerne the saide mannors and premisses or any part or parcel thereof be and remaine Haue confederated together both to defeate your Orator of his lawfull execucion and estate in the premisses and also to defraude and vtterly to take away from your said Orator the rents issues and profits thereof and therefore and for that end the saide Lord Mo. c. did not only denye and refuse to permit and suffer your saide Orator or any other person to his vse to enter into the saide mannors and premisses or to keepe any Courts in and vpon the same but also did and do denie and refuse to pay to your saide Orator any free or farme rents for the saide mannors or premisses or to shew to your said Orator how or by what leases or other titles they or any of them do possesse or enioy the premisses or any part or parcell thereof or what rents or seruices ought to be paid for the same by reason whereof your saide Orator is like to be kept from the benefit of his said execucion against all right equitie and conscience vnlesse your ho. accustomed help be vnto him in this behalfe extended In tender cōsideration whereof for that the said Lo. Mo. c. being owners occupiers of the mannors premisses aforesaid and do conceale keepe from the knowledge of your said Orator aswell your yearely rents seruices fermes as also the sight of their seuerall Indentures of Lease as also the Courtrowles whereby your Orator is without remedy either to recouer any yearely ferme or other the rents and seruices of the Freehold or Copyhold lands pertaining to the said mannors and for that your Orator hath not the counterpanes of your said Indentures of Lease neither knoweth the dates of them nor the certeintie of your fermers reserued or of the rents seruices due payable for your said lands hauing not the Courtrowles to shew forth so as your Orator cannot
by the course of the common lawes of this realme make any Auowrie for either the yearely farmes nor yet for the rents seruices due vpon for the foresaid freehold or copiehold lands holden of the said seuerall mannors as aforesaid nor yet for any other dutie or seruice due for the same nor can shewe forth the certentie of the lands that the said tenants do seuerally hold May it therefore please your ho. Lordship that some good order may be by your Lordship set downe whereby the foresaid seuerall Farmors tenants occupiers of the said seuerall mannors all the other parties before mentioned may be inforced to set downe vpoÌ„ their othes as also bring forth their seueral Indentures of Leases whereby your Orator may know the seuerall dates of theÌ„ as also what lands they hold by the same by what yerely rents fermes And the the tenants of the said seueral mannors may likewise be inforced vpon their oathes to set downe what lands they hold of the said seuerall mannors either freely or by copy of courtrowle by what rents fines duties seruices As also the foresaid Eo Lord Mo. c. hauing the custodie of any the rentalls Courtrowles bookes of suruey feild bookes or terrors concerning thaforesaid seuerall mannors or any of them may likewise be inforced to shew them forth to your Oratour to the intent your Orator may vnderstand what lands tenements or hereditameÌ„ts are holden of the said seueral mannors or of any of them by what rents duties or seruices the said lands tenements or hereditaments are holden by whereby your Orator may according to equitie good conscience reape receiue recouer haue take the yerely reuenews issues and profits of the foresaid seuerall mannors euery of them as in lawe and right belongeth vnto him as he ought to do vntill your said Orator be satisâ—â—ed of the summe conteined in his foresaid statute staple knowledged vnto him as aforesaid w e his reasonable costs damages herein susteined to th end that al these points may be performed accordingly May it further please your good Lordship to get to your said Oratour the Qu. Ma. most gratious writs of Subpena to be directed to the foresaid Ed. Lord Mo. Baron of R. c. Commaunding them euery of theÌ„ thereby at a certaine day vnder a certaine paine personally to apeare before your good Lordship in the said ho. Court of Chancerie then and there to answere to the premisses to abide such further order direction herein as to your Ho. shal seeme good to stand with right equitie and good conscience And your said Orator shall according to his most bounden dutie euer pray for the increase and continuance of your good Lordship in health and all honour long to endure The ioint and seuerall aunsweres of T. M. H. B. c. Defendants to the bill of complaint of I. L. Complaynant THe said defendants and euery of them sauing to them and euery of Sect ' 150. them thaduantage of excepcion to the incertaintie insufficiencie of the said bill of complaint say And first the said T. More for himselfe saith That he the said T. Moore doth hath by the space of 2. yeares last past or thereabouts exercised the Office of Baylife of the mannors of H. A. and B. in the saide Bill mentioned whereof this defendant supposeth T. Lo. Esquier to be seased of some estate of inheritance and hath in his hands some rentalls of the saide mannors which this defendant thinketh he ought not to impart to the said complaynant neyther ought the said complaynant to haue the issues rents and profits of the said mannors as this defendant thinketh for that as this defendaÌ„t hath credibly heard verily beleeueth it to be true the said Ed. Lo. M. in the said bill mentioned the day of the date of the said recognizance in the said bill mentioned or at any time since was neuer seazed in his demeasne as of fee simple fee tayle or freehold of and in the said mannors of H. A. and B. or any part or parcell thereof as in the said Bill is vntrulie alledged But one T. H. was then seazed thereof who since hath conueyed the same to the said Th. Lo. as this defendant hath heard By reason whereof the said Tho. Lo. ought in this defend opinion to haue the rents issues profits thereof notwithstanding the said execution without that this defend is farmor customarie or free tenant of any part or parcell of the said mannors or other the premisses in the said bill mentioned other then of parcell of the demesnes of the said mannor of H. which this defend holdeth by lease for certain yeares yet to come rendring yerely 5. l and of the Faires of H. the profits thereof which he holdeth for diuers yeares yet to come rendring yearely 26. sÌ„ 8. d and of the sixth part of the Warren of H. which he houldeth for diuers yeares yet enduring rendring 12. shillings by yeare or thereabouts And of diuers Freeholds houlden of the mannor of H. by the rents of 20. sÌ„ or thereabouts And without that that this defendant hath in his hands any Court Rolles Rentalls or Leases concerning the premisses in the said Bill mencioned other then in this aunswere before is mencioned as in the saide Bill is vntrulie alledged And without that that this defendant hath vnlawfully confederated with any the persons in the said Bill mencioned to defeat the saide complaynant of his lawfull execucion and estate in the premisses in the said bill mencioned as in the said Bill of complaint is also vntrulie alledged And the saide Henry Blake for himselfe saith that hee hath exercised the office of steward of the said mannors of H. and B. in the said Bill mencioned and of the mannors of H. in the said Bill likewise mencioned lawfully constituted thereunto as this defendant thinketh by the said T. Lo. being seazed of some estate of inheritance of the said mannors as this defendant supposeth and that the Court Rowles and euidences concerning the saide mannors are kept in the house of the saide T. Lo. at E. in the Countie of Norffolke and are not at this defendants disposition to yeeld vp or impart to the said complaynant otherwise then as the saide T. Lo. shall appoint whereof this defendant humblie prayeth this honorable Court to haue consideration without that that this defendant in Farmor or Customarie or free tenant of any part or parcell of the said mannors or other the premisses in the saide Bill mencioned or hath in his hands any Court rowles Rentals or Leases concerning the premisses in the said Bill mencioned other then as in his aunswere before is mencioned as in the saide Bill of complaint is vntrulie surmised And without that that this defendant hath vnlawfullie confederated with any person or persons in the said Bill mencioned to defeat the said complainant of his lawfull execucion and estate
right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your honors good Sect. 161. Lordship your daily Orators A. T. Esquier and Katharine his wife late wife vnto one R. K. deceased and one of the daughters of William W. of B. in the County of Warwike Esquier deceased for and in the behalfe of William C. sonne of the said Katharine and for and in the behalfe of Mary T. and K. T. daughters of the said A. and Katharine and of W. G. sonne of Ed. G. Knight of the body of Margaret G. one other of the daughters of the aforenamed W. W. lawfully begotten Ed. M. and Anne his wife one of the daughters of the aforenamed Ed. G. and Margaret and Tho. M. and Elizabeth his wife one other of the daughters of the said Sir Ed. and Margaret That whereas the aforesaid William W. in his life time had issue seuen daughters that is to say Margerie late wife of Thomas H. Esquier and after that wife to the ho. Sir A. C. Knight one of the Queenes most honorable priuie Councell and now Chauncellor of her highnesse Duchie of Lancaster Godith wife to B. F. Esquier Elizabeth late wife of Ed. B. Esquier deceased Mary wife of William S. Esquier Margaret wife of the said Sir Ed. G. Anne wife of Frauncis Mo. Esquier and Katharine one of your said Orators And whereas also the saide W. W. in his life time was possessed of and in diuers goods and chattels houshold stuffe plate Iewels and also entituled to certaine debts amounting to the value of tenne thousand pounds or thereabouts and so being thereof possessed and entituled did constitute and make his Testament and last Will and by the same did bequeath geue and demise to diuers and sundrie persons diuers great legacies perticulerly and certainely set forth in the said last Will amounting in the whole to the summe and value of 3500. pound or thereabouts And the residue of all his goods Chattels and debts due vnto him after his funerall expences perfourmed his debts paid and all his legacies and bequests perticulerlie contayned and mentioned in his said Will fulfilled perfourmed and payd hee the sayde W. W. by his sayde Testament and last Will did geue and bequeath to the preferment of all the children comming of hys sayde sixe eldest daughters and to W. C. Mary T. and Katharine T. three of the Children of the sayde Katherine nowe Wife of the sayde Anthonye T. youngest Daughter of the sayde W. W. to be equallie deuided amongst them by the discretion of hys executors And by the same hys Testament and last Will hee did ordayne nominate and make the sayde honorable Sir A. C. Knight Sir Ed. G. Knight nowe deceased Basill F. and W. S. Esquiers and one W. B. Esquiers deceased his Executors as by the same his Testament and last Will more at large it doeth and may appeare And afterwards in the moneth of May in the second and third yeares of King Phillip and the late Queene Mary hee the sayde W. W. dyed possessed of the sayde goods Chattels and debts amounting to about the summe or value of tenne thousand pounds After whose decease the sayde Executors did take administer and agree to the sayde Testament which speciall Legacies aforesayde eyther be or might haue beene by the sayde Executors long sithence fulfilled satisfyed and paide so as the residue should and ought to come to the sayde Children according to the sayde Will And although your sayde Oratours haue diuers and sundry tymes required the sayde Executors to make payment of so much of the residue of the sayde goods Cattalls and debts as to them appertayned yet that to doe they and euerie of them haue hitherto refused and denyed contrarie to right equitie and good conscience In consideration whereof and for as much as your sayde Orators cannot certainely tell and declare the seuerall parcels of the sayde goods Cattalls and debts nor what the sayde Executors haue payd or receiued for any manner of debts owyng by or to the sayde W. W. by reason whereof they are vnable to prosecute for their remedie in the premisses at and by the order of the Ecclesiasticall lawes of this Realme May it therefore please your good Lordship to graunt the Queenes Maiesties writ of Subpena to be directed to the said Executors c. commaunding c. A bill contayning that a lease of a rectorie and the buildings gleebe lands and tythes was made by the Deane and Chapter of a Colledge in Oxford to the plaintifes father for terme of yeares reseruing a rent And that the same by force of the said lease was long possessed That the said lease came to the plaintife by meane conueyance and that continuing the tearme the defendant suggesting to the said Deane and Chapter that the said Rectory and tythes were occupied by the plaintife without lease or title hauing a purpose to conceale and defraude the said Colledge of the said Rectorie and tythes became a suitor to the now Deane and Chapter to haue a Lease of the saide Rectorie and tythes for 21. yeares and thereupon obtained a lease thereof for 21. yeares yeelding for it the accustomed rent with an augmentation of rent corne That the defendant hauing obteyned a lease of the saide rectorie and tythes for 21. yeares sued the plaintife for the same in the Excheker at Westminster in a quo minus and that he did interrupt the plaintifes possession And then the plaintife prayeth an iniunction for stay of the saide suite and for the establishing of his possession and proces against the defendant and the Deane and Chapter to aunswere the bill To the Right Ho. Sir Io. Puckering Knight Lo. Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your good Lo. your Sect. 162. dayly Orator T. B. of N. in the Countie of C. Esquier that whereas the Deane Chapter of Christes Church in the Vniuersitie of Oxford were seased in their demesne as of fee in the right of their sayd Church of in the Rectorie Parsonage of R. with the appurtenāces in the said Countie of C. being a Parsonage impropriate and being so thereof seased by their deede indented sealed with their common seale the certain date wherof to your said orator is vnknowne for wāt of hauing the same did for the considerations in the said Indenture specified demise graunt to farme let all the said Rectorie parsonage of R. with the appurtenances all maner of houses barnes glebe lands tithes fruits profits aduātages whatsoeuer to the same Rectorie parsonage belonging or in any wise appertaining vnto one R. B. late of N. in the said Countie of C. Esquier deceassed father vnto your said Oratour for a number of yeares yet enduring reseruing thereby a great annuall rent the tithes of the vicarage of R. aforesaid the patronage disposition thereof and all the woods
and casuall 14 Impediments legall subiection and ioint power 15 Couerture 16 Death ciuill 17 Compromise 18 Attainder and Outlawric 19 Ioint power 20 Arbitrators defined 21 The choice of arbitrators 22 Sufficiency of arbitrators considered 23 A fooles Arbitrement 24 A simple magistrates arbitrement 25 Defects of the bodie in Arbitrators 26 Arbitrators indifferent who 27 The question 28 The question double 29 The question of the facte 30 The question of right 31 What is to be considered in each question 32 What thinges are arbitrable and what not 33 Circumstances regarded in submissioÌ„ 34 Of the power giuen to arbitrators 35 Of time and place 36 A compromise with couenants to performe the same 37 Of binding the parties to performe an awarde 38 The condicion of an obligacion to performe an award 39 Of the condicion to performe an awarde of lands 40 Whether power to arbitrate may bee assigned 41 Whether the Compromittors may dischardge the Arbitrators or no. 42 What an arbitrement is 43 Thinges to be regarded in Arbitrements 44 An Arbitrement of Landes by which the partie couenaunteth to performe it 45 An arbitrement of debt whereby the parties are bound to performe it 46 An awarde of debt by an Earle vpon submission by bond 47 Of notice of the arbitrement 48 The finall cause of arbitrements 49 ✿ An Award of copihâ—ld land 50 ✿ An Award reciting certaine bonds for the performance of an Award and that the Award was made 51 Of the Chauncery Proceedings and Supplications Billes and Answeres OF the Chauncery Sect. 1. Of strict or precise law 2 Of Equitie 3 The deuision of Equitie 4 The efficient cause of Equitie 5 The materiall cause of Equitie 6 The formall cause of Equitie 7 The finall cause of Equitie 8 Why Equitie is sometime compared to a ruler 9 How Equitie and Clemencie doth differ 10 Of the difference betwixt equitie and strict law 11 How the ChauÌ„cery is tearmed the court of conscience 12 Conscience defined 13 Of Iudgements in Chauncery 14 Of the power ordinarie of the Chauncery 15 Of the power absolute of the Chauncery 16 Of a Subpena 17 Casesremediable in Chauncery 18 Certaine cases where the partie is remedilesle in Chauncery 19 Of the ordinary proceedings in the high Court of Chauncery 20 A Subpena for costes 21 An Attachment 22 An Attachement with Proclamation 23 ✿ An attachment in the Cinque portes 24 ✿ An attachment in the Countie Palantine of Lancaster 25 ✿ An attachment against one dwelling within the Countie Palantine of Chester 26 A Commission of rebellion 27 ✿ A Supersedeas of the coÌ„mission of rebellion 28 ✿ A Supersedeas to the Chauncellour of the countie Palantine of Lancaster 29 ✿ The like to the Chamberlaine of Chester 30 ✿ A Supersedeas of an attachment 31 Of an Iniunction 32 Of apparance 33 Of a Dedimus potestatem to receiue an answere 34 Of a Supersedias 35 ✿ A Commission vpon a false Affidauit 36 Of an imperfect Answere 37 Reioyning and ioyning in coÌ„missioÌ„ ad examinand ' testes 38 A Commission ad examinand ' testes 39 A Note by the Commissioners to giue c. 40 Of cyting witnesses 41 A Subpena ad testificand ' 42 The Stile of Interrogatories 43 The Stile of the Deposicions thereupon taken 44 Of Publication Hearing and Breuiates 45 ✿ A Commission to the Sherife to keepe the plaintife in possession 46 ✿ A Commission to certifie depositions taken by Commission 47 A Commission to examine witnesses in perpetuall memory 48 Subpena ad testificandum super peticionÌ„ 49 Aliter ad testificand ' ad Assisas super articulos 50 Subpena ad ostend ' causam quare euideÌ„c ' non deliberentÌ„ 51 Subpena ad testificand ' ad Assisas in London 52 Subpena ad testificand ' coram VicecomÌ„ London 53 Subpena pro Euidentijs adferendis 54 Aliter pro Obligatione deliberand ' 55 Subpena de AtturnatÌ„ faciend ' 56 Commission ad â—ecipiendum ad examinand ' testes c. 57 Commissio ad audiendum terminand ' c. 58 Commissio ad examinandum testes ad locum c. 59 Commissio ad superuidendum distinguendum vastum 60 A Commission to the L. Deputie of Ireland and the Lord Chauncellor for the hearing and determining of a Title of land 61 What a Bill of complaint is 62 The direction of bils 63 What an answere is 64 What a Replication is 65 What a reâ—oinder is 66 What a Surreioinder is 67 A Bill of complaint for entering and making secrete estates of the land wasting part therof mingling part with other lands to disherite the plaintife by hauing the writings thereof 68 The answere to the bill 69 The replication to the answere 70 A bill to stay suite at the Common lawe vpon an obligacion 71 A bill for the withholding of a writing and taking the profites of the land and false charging of the plaintife with the esloyning of a Cowe 72 The aunswere thereunto 73 A bill to be relieued for obligatioÌ„s made for Simonie 74 A bill for Bourding 75 A demurrer for double vexation 76 A bill for not surrendring a lease in trust for wasting tenths demised and withholding of writings 77 A bill by an administrator vpon a promise made to the intestate of certaine mariage money to bee paid by the defendant 78 A bill for entering into and detayning lands by colóur of hauing the euidences thereof and for contriuing secreet estates 79 A bill for certaine money that should haue beene paid in consideracion of a lease agreed to be made of land 80 An aunswere and demurrer to the same bill 81 The Replication to the said answere and demurrer 82 A bill for money lent without specialtie and witnesses 83 The aunswere thereunto 84 A Bill for deteyning of bonds paid and praying an IniunctioÌ„ to stâ—y sute thereupon 85 A Bill to examine witnesses in perpetuam rei memoriam 86 A Bill for deliuery of sheepe by an executor conuerted to his owne vse 87 The answere thereunto 88 The replication to the answere 89 A Bill for a debt vpon a contract without witnesses 90 The answere and demurrer thereunto 91 A Bill to bee discharged of bondes made vpoÌ„ promise not to be preiudiced therby laying open diuers Iewde practises by the defendant 92 A Bil for receiuing of the plaintifs goods of his wife and the detaining of them 93 The answere thereunto 94 The Replication to the answere 95 A Bil for that the defendants haue gotteÌ„ the plaintifes bill whereby they stood bound vnto him meaning thereby to defraud him of his debt 96 A Bill for wrongfull entrie into lands detayning of the writings wasting the same and contriuing secret estates 97 A Bill for deteyning of a lease for yeeres 98 A Bill by an Executour for money for boording 99 A Bill for not entring into bonde to saue a suertie harmelesse according to promise 100 A Bill for making falfe Affidauit for appearance 101 A Bill to bee releiued of an
obligacion where the money was paid 102 A Bil for not procuring an acquittance of rents paid according to promise 103 A Bill for not paying of money nor sauing the suertie harmelesse 104 A Bill for entitling ones selfe to certaine ground and selling the woods thereupon 105 A Bill against executors for not deliuering of specialties payd 106 A Bill against executors vpon a priuate promise made by their testator alleaging that they haue wasted their testators goods 107 A Bill for diuers euidences 108 A Bill for not making assurance of lands according to a couenaÌ„t alleaging that the defendants haue gotten the Indenture thereof and that some of theÌ„ were within age at the making thereof 109 A Bill against an heire for entring into lands dcuised to the plaintife praying a Commission to examine witnesses in perpetuam rei memoriam 110 A Bill for refusing to receiue the plaintifs rent according to an order and taking the forfaiture of a bond for the paymeÌ„t thereof 111 A bill for money for cattell solde vpon trust 112 A Reioynder 113 A Bill for giuing ones worde with a seruant and promising to anâ—were all damages done to his master by him 114 The answere thereunto 115 The replication to the same answere 116 A Bill for entering and detayning copy-hold lands by reason of the detayning of the writings thereof 117 A Bill by gardeins for Euidences 118 The answere thereunto 119 A Bill to be discharged of a recognisance with an answere Replication and Reioinder thereunto 120 A Bill for the wrongfull detayning of a deed of demise which came vnto him by entermarriage 121 A Bill against an infant for bourding and apparell not ê‘forming of a lease 122 A Bill of debt vpon a contract against the suruiuing partner and thadministrator of thother 123 A Bill vpon a promise to forbeare debte due and yet suing the bonde 124 The answere thereunto 125 The replicacion to the answere 126 The reioynder to the replicacion 127 A Bill for detayning lands with Euâ—dences 128 The answere to the Bill 129 The replicacion to the answere 130 A Bill for debt leuied by extent 131 The aunswere to the Bill 132 A Bill to cause one to shewe his Lease whereby he holdeth c. 133 The answere to the Bill 134 A Bill for a title of land intayled 135 The answere to the Bill 136 A Supplicacion in the Chauncery vpon deceipt by a partner 137 A Bil for the recouery of euidences made by duresse 138 A Bill of a title of coppihold land praying an Iniunction 139 A Bill for debt without specialty 140 The answere to the Bill 141 A Bill vpoÌ„ certaine griefes praying a Certiorari 142 A Bill where a Iury hath passed in a matter wroÌ„gfull praying a Certiorari 143 ✿ A Bill against an administrator for suing of a bond promised by the Testator not to be put in suite till the death of the plaintifes father 144 ✿ A Bill for wrongfull entrie into lands intayled by reason of hauing the writing thereof and making diuers secret estates 145 ✿ A Bill for deliuerie of heyre loomes or principals to the heire according to the custome 146 ✿ A Bill for the deliuerie of an obligatioÌ„ promised by the obligee to be deliuered vpon the acknowledgement of a Statute which the plaintife did beyng within age 147 ✿ The answere to the Bill 148 ✿ A Bill for not being suffered to enter into lands deliuered in extent desiring the viewe of the Euidences thereof the plaintife forbearing before to take the profits vpon referement of the matter to two whose order the defendant withstood 149 ✿ The answere to the Bill 150 ✿ A Bill for detaining of Euidences entering into the lande and making secrete estates 151 ✿ The answere of one of the defendants to the Bill 152 ✿ The replicacion to the answere 153 ✿ A Bill for a Commission vpon the Statute of 13 E. c 7. As touching Bankerupts 154 ✿ The Commission vpon the said Statute of 13. E. 155 ✿ The precept to the officers to make Proclamacion 156 ✿ The Proclamation 157 ✿ An Indenture vpon the said Commission betweene the Commissioners and the creditors 158 ✿ The manner of entituling the Schedule 159 ✿ A Bill by a prysoner to compell the defendant to proceed to agreement according to an order made by the Lord Chancellor that is dead 160 ✿ A Bill to compell the executors to pay legacies the deuisees being remedilesse at the spirituall Law 161 ✿ A Bill praying an Inâ—unction for stay of a suite in the Exchequer vpoÌ„ an vntrue surmise 162 ✿ The answere of one of the defendants to the Bill 163 ✿ The answere of the rest of the defendants to the Bill 164 ✿ The Replication to the former aunswere 165 ✿ ThereplicacioÌ„ to the latter answer 166 ✿ The reioinder to the former replic ' 167 ✿ The reioinder to the latter replic ' 168 ✿ A Bill to examine witnesses in perpetuaÌ„ rei memoriam 169 ✿ A Bill for detaining of euidences entering into landes and making secrete estâ—tes 170 ✿ The answere to the Bill 171 ✿ A Bill for wrongfull entrie into a house and lands detaining of euidences and making of secrete estâ—tes 172 ✿ A Bill for the detaining of a lease for yeeres praying an inuencioÌ„ for stay of vniust suites begun 173 ✿ A Bill praying a Subpena with a duces tecuÌ„ for the wroÌ„gful entrie into an Iâ—ne and detaining the EuideÌ„ces therof 174 ✿ The answere to the Bill 175 ✿ A bill for the detaining of Euidences which otherwise might cause the disinherison of the plaintife of the rents and seruices of the premisses 176 ✿ The answere to the Bill 177 ✿ The replication to the answere 178 ✿ A Bill for deliuerie of EuideÌ„ces by vertue wherof the defendant hath entered wroÌ„gfully keepeth the premisses 179 ✿ The answere to the Bill 180 ✿ The Replication to the answere 181 ✿ A supplication to the priuie Councell by a Scot robbed at Sea desiring a coÌ„mission to examine witnesses to proue the pyracie 182 ✿ A supplicacion by maymed Souldiers for the Councels lycence to beg til Almes roomes which the Queene gaue in reuercion become void 183 ✿ A supplication by a Merchant strauÌ„ger called before in question vpon supposal of cousenage desiring his libertie may not bee impeached till the matter bee fully examined 184 ✿ A supplicacion by an Inkeeper imprisoned vpon supposell of counterfaiting letters froÌ„ the councell praying to detect others praying also to writ letters to the Commissioners for dette in the fleete in his behalfe 185 ✿ A supplication praying a warrant from the Councell for the defendants refusing an order set downe by the Councel 186 ✿ A supplication praying the Councels letters to the L. President CouÌ„sell of Wales for the baylement of the plaintifes being imprisonned vpon a pretended murder by them 187 ✿ A Supplicacion to haue the Councels letters to two to haue the hearing of a controueâ—sie of an account 188 ✿ A supplicacioÌ„ by prisoners in the for misdemenors senteÌ„ced in the starre chamber to be enlarged 189 ✿ The like aliter onely crauing the benefit of the generall pardon dischargement of one of his fines 190 ✿ The like aliter onely praying further that his prison charges might be satisfied by one A. B. by whose meanes hee was drawen into the action 191 The manner of proceeding vpon a speciall Certiorari 192 A Corpus cuÌ„ causa to remoue the prisoner 193 Of a writ of diem clausit extremum 194 Datur nobis intelligi 195 The same writ aliter fol. 302. a Of a Mandamus 196 A Note where a diem clausit extremuÌ„ shal be had and where not 197 Of Commissions after the death of the Queenes tenant 198 Quae plura 199 Melius inquirendum 200 A writ de aetate probanda 201 The same writ aliter fol. 303. b A CoÌ„mission pro aetate probanda fol. 303. b A Venire facias to the Sheriffe vpon the same Commission 202 Of Homage done respited 203 A diem clausit extremuÌ„ post morteÌ„ feloniâ— 204 FINIS
anothers possession and kill a man or rauish a woman there c. And those offences which are atchieued with force are done by true force or by force after a certaine sort Those offences which are finished hy true force are either done by men assembled or without men assembled And force with men assembled is priuate or publike Priuate force is when any with weapons by men assembled doth inuade the goods or body of another As trespas by entring into groūd or taking his cattell or other goods imprisoning of a mans body or beating of him with ones fist or rescues of a trespas pound breach or otherwise without weapon and such like Publike force is that violence which is done by any men assembled with any kinde of weapon whatsoeuer as by forcible entree keeping of possession of Benefices Chappels houses or lands or offices vnlawfull assemblees routs riots rebellions against c. 1. Mar. cap. 12. 1. Eliz. cap. 17. A forcible entree is a violent actuall entree into a house or land c. or taking a distresse of any person weaponed Whether he offer violence or feare of hurt to any there or furiously driue any out of the possession thereof 5. R. 2. cap. 7. 15. R. 2. cap. 2. 8. H. 6. cap. 7. A forcible deteyning or withholding of a possession is a violent act of resistāce by strong hand of men weaponed with harnesse or other action of feare in the same place or els where by which the lawfull entree of Iustices or others is barred or hindered 29. Ass 49. An vnlawfull assemblie is the meeting of three or mo persons together with force to commit some vnlawfull act and abiding still not indeuoring the execution thereof as to assault or beate any person or enter into his house or land c. A rout is an assembly of three persons or mo going on about forcibly to committe an vnlawfull act but yet doe it not Brooke tit Riot 4. 5. A Riot is the forcible doing of an vnlawful act by three or moe persons assembled together for that purpose A rebellious assembly is an assembly of twelue persons or moe intending going about practising or putting in vre vnlawfully of their owne aucthoritie to chaunge any Lawes or Statutes of this Realme or to destroy thinclosure of any Parke or ground inclosed or the bankes of any fishponds pale or conduit to thintent the same shall remaine void or to the intent vnlawfully to haue common or way in any of y◠said groūds or to destroy the Deare in any parke or any warren of Cūnies or douehouses or fish in any pond or any house barnes milles or baies or to burne stackes of corne or to abaterents or prices of victuals 1. Mar. 12. cap. 1. Eliz. cap. 17. Also by the same statutes an vnlawfull assembly may be of persons aboue the number of two but that offence is neither so heinous nor so sharply to be punished It followeth how force may be committed without a multitude This kind of force comprehendeth euery harme hurt damage losse hinderance and danger besides death happening to any good quicke or dead moueable or vnmoueable or to men eyther culpa or dolo that is negligently or vnwittingly or guilefully or of set purpose whether it be assaulting beating wounding maiming or hurting brusing or impairing of the body of man or beast by any meanes Or the brusing breaking or empairing of any other thing whatsoeuer without a multitude also breaking of prisons to escape thence breaking of houses to steale something thence or to do some felony there which being in the night is termed Burglary whereof we haue spoken before entreating of theft In this ranke also may be placed the pulling vp or remouing of meares boūds or markes set for the deuiding of one mans land from anothers and many other such trespasses wherein is none apparant force or terror as to hawke hunt fish or fowle or to cut eate tread or foile grasse in another mans soile vnlawfully 11. Ass 16. 11. H. 8. 4. 16. 21. E. 3. 34. Hitherto of offences done by true force indeed now of such as are not properly done with force violence but by intendment of the law onely of which sort be bribery extortion exaction priuate imprisonment and certeine other like misdemeanors Those offences of briberie extortion and exaction are committed when any for feare of his iudgement office or other power or authoritie or for any other terror exacteth extorteth and wringeth money or other things from another man as Sherifes Coroners or other Officers Auditors Receyuers Escheators custos breuium Chirografers of fines Admirals Marshals Criers Maiors Baylifes Clarks Wardens of felowships Iudges Bishops Ordinaries or other Officers whatsoeuer for reformation of which see the seueral statutes therof in that behalfe prouided To this crew as it seemeth may be referred the exaction of vnlawfull vsurie which is taking of any thing of any man for the lone or giuing day of payment of money 37. H. 8. cap. 9. 13. Eliz. cap. 10. And all vnlawfull games which be all games but shooting 33. H. 8. cap. 9. And euery other taking of more then is due by colour or pretence of right as the taking of excessiue toll by millers or others or of excessiue prises for ale bread victuals wares or other things Offences springing from words and deeds SO much then of single offences springing from only words or onely Sect ' 66. deeds Now folow those which issue from both together as those which arise from the crime of falshood The offence of falshood is a guileful and fraudulent imitation of the truth against the law and it is committed either by word or by deede Falshod by word is by lying as if any man should faine vnto himselfe a false name or surname or say he is another man then he is to deceiue some other or by periurie which is a lie affirmed by oath Falshood by deed is as if a man write or signe a false testament or falsly set downe therein some legacie or trust to himselfe without the mind of the testator or if a man make a false deed or accompt or other instrument or if he bribe or corrupt a Iudge or do raze change or corrupt any writing to the defrauding of another man or do conuey remoue or take away suppresse conceale or falsly signe a testament or counterfait an other mans hande in writing or to counterfait or vtter false money or to adulterate embase shaue file clippe wash or empaire the currant coine of England or counterfait the lands of magistrates and certificates testimonials or licences in their names or to vse false weights measures or standards not agreeable with the standard To corrupt or suborne false witnesses To make false accompts or reckonings Hitherto may we referre maintenance and champerty and suits embrasing or enueigling of Iurors forging of false and fraudulent writings making of fraudulent feoffements leases deeds of gift or rather false graunts or conueiances of
lands or goods to defraud true creditors fraudulent conspiring of any mans death to auow vndertake vpon one to defend other mens quarrels to be patron to the causes of others by lending of ones name for meed or fauour of an offendor or to vexe prouoke or reuenge Also falsly to collude in pleading or to betray or to loose his clients cause wittingly or falsly discontinue forsake his clients suite Other mens offences and how farre they bind vs. VVE haue intreated of our owne offences other mens succeed Sect ' 67. namely when and how farre we are bound by them And we are bound by other in offences wheÌ„ we are tied by the faults of our family or of our beasts Our family offendeth by lying or casting or hanging of any thing in the high way whereby it is stopped or hindred which offence is called a Nusance We are bound by many trespasses of our wiues but not to sustaine corporal punishment for their offences Also if our beasts or cattel offend in eating other mens corne or grasse or in hurting or killing the beasts or cattels of others we are bound by it or if our dogges beares or lyons bores c. hurt the goods or cattel of any other we are bound thereby for that we ought to gouerne them Offences vnnamed INough of named offences it remaineth that we view those which be Sect ' 68. vnnamed For when the varietie of offences grew so manifold that all could not be distinguished by speciall names it was appointed that proper or special names aforesaid failing the offence of cosening and deceipt should come in place Th offence of cosening taketh place if any thing be done by guile in or out of contracts which wil not agree with any of the said offences as if any vse collusion or fraud towards the death or defrauding of another shifting or counterfait ware into the place of others or to exact a greater summe then is due or a debt which is paid or sel or pledge any thing to two seuerally at one time or that thing which is another maÌ„s for his owne knowing it to be another mans or to pledge copper or other base mettall for gold or siluer c. Deceit is a subtil wilie shift or deuise hauing none other name Herevnto may be drawen al maner of craft subtilty guile fraud wilinesse sleightnesse cunning couin collusion deceit deuise practise offence vsed to deceiue an other man by any means which hath none other proper or particuler name but offence Of Indictments as remedies for the former diseases THus haue we rather sleightly shadowed then perfectly portraied Sect ' 69. the vglie shape of such enormous offences as with their deformity most blemish the bodie of our beautifull otherwise florishing common wealth Now therefore we are to show the waies how to prepare remedies for the same which must be done by indictmeÌ„ts in which are chiefly to be eyed the matter and forme The matter or obiect of indictments in nothing else but the seuerall offences and facts vnlawfull before described in which the very fact it selfe and the circumstances thereof are to be waighed Touching th offence or fact it selfe we are here fully to regard the verie nature qualitie of th offence as whether it be treason felonie trespasse deceit or some other offence of what seueral â—â—nd it is whether it be punishable by the common law or by some penal statut that the indictment thereupon may be framed accordingly The circumstances of the fact are seuen that is to say cause person time place qualitie quantitie and euent Touching the cause of th offence we are to waigh â—â—â—ther th offence be of cause iust or vniust whether by chance or of malice purpose or vpon a sudden or by negligence or by guile which maketh some homicides lawful some punishable and that in seueral degrees The person is in two sorts to be regarded that is as he is agent or patient For it is not all one for infants and men of full age and for men Mad Lunatickes and Idiots to offend And otherwise in many cases are they to be punished which offend God the common wealth Magistrates or their Maisters and superiours then they which offende others The time also in offences maketh difference betweene offences as in Larceny and burglarie The place in like maner maketh the selfe same fact either theft burglarie or sacriledge By the consideration of the qualitie we discerne whether an offence be hainous or not whether it stand in committing or omitting The view of the quantitie of th offence shewed vs whether it be punishable by death or otherwise if by death what maner of death and regardeth the custome or iteration thereof The euent looketh to the final cause purpose or issue of the fact whether it be casuall or voluntarie All which circumstances are partly seene before in the verie handeling of the offences now let vs looke more specially into the forme of the indictment Of the forme of Indictments IN the forme of euery Indictment besides the ordinarie wordes of Sect ' 70. forme precise certenty to euery intent is to be as warily looked vnto as in declarations in ciuil suites returne of Sherifes 3. H. 7. fol. 11. 12. 3. Ed. 4. 21. otherwise is the Indictment insufficient for Indictments and appeals be the very base and foundation of euery criminall controuersie This certentie consisteth first in the name and surname of the partie indicted both principal and accessorie 2. In the certain name and surname of the partie offended 3. In the certeinty of time wherein the offence is done as the certeine day yere yea and many times the very houre is expressed 4. In the place where th offence is perpetrated 5. In the very matter of the fact nature of th offence committed as whether it be treason felony trespas deceite penal statute c. 6. In the name value of the thing in which th offence is done Vnto the name of the partie indicted must be vnited the addition of his estate degree or misterie the shier towne hamlet or place of his then or late dwelling or coÌ„morans all additioÌ„s which signify any lawful estate degree or misterâ— are good whether they be of dignity by creation as Duke Marques Earle Vicont Archbishop Bishop knight seriant at the law or without creation as Baron Esquier GentlemaÌ„ which are names of dignity without creation Also Alderman Doctor Archdeacon Deane Parson Parish clarke Widow singlewoman be good additions of estate or degree but fermour seruant butler c. are not for that they are common to gentlemen yeomen c. so incertein marchant grocer tailer shoomaker tanner currier broker husbandman ostler habberdasher miller draper goldsmith butcher chapman labourer spinster and euery other addition of any lawful occupations be good additions of misterie But neither Chancelor Treasorer ChaÌ„berlein sherife coroner elchetor bailife archdeacon deacon