shall have the Trees growing in the High way and also where a way is over a waste of the Lords Way but where a Free-holder hath Land of each part of the High way he shall have no Trees growing in the Highway and where he hath Land joyning but upon one part of the way he shall have no Trees growing upon that halfe of the way 2. Ed. 4. fol. 9. But Britton fol. 111. Saith that a Frec-holder shall have Trees if it be not in the common High way He which doth not scowre his Ditches adjoyning to a Highway Ras High waies 6. ought to forfeit for every rod not made 12 pence every time 18. Eliz. chap 10. and before that by the common Law he which had Land adjoyning to the High way ought to scowre his Ditches adjoyning to the High way It is provided that the Hedges Fences and Ditches next to either part of the High waies or common travelling Waies shall be from time to time scowred and repaired Waies and that all Bushes and Trees in them growing shall be cut by the owners and by 8 Eliz. chap 10. for not doing of that forfeit ten shillings and these points of the said two Statutes are inquirable in a Leet 5 Eliz. c. 13. Commission may be awarded for not repairing Bridges Fitzh 113. a. and 127. d. By Shelley If one do not clense his Ditch but suffer that to drownd the high way he shall be amerced 12. H. 8. fol. 19. And note that injuries made in the High way are presentable in Leet as it follows but not injuries in private waies but the party greived shall have an Assise of Nusance or an action upon the case if he have no free-hold and yet it is used to inquire if one stop private way but it is to no purpose if it be not for evidence in an Assise of Nusance as an inquest of Office but it seemeth to be good between Copy-holders which cannot have an Assise of Nusance nor an action upon the case for stopping a way and the paine upon that is good to be assessed By Fairefax A Leet hath power to inquire of common annoyances but not of particuler as if one stop my private way or breake my Close that is not inquirable A. 3. fol. 1. If a High way be not repaired so that I be damnified by miring my Horse I shall not have an Action for that but a presentment shall be of that in a Leet see 27. H. 8. fol. 27. and 5. Ed. 4. fol. 3. If one sow my private Way to my Meadow I shall have an Assise of Nusance and it is not presentable in Leet and where he streigrens it action upon the case lieth 33. H. 9. fol. 29. The same Law of my way stopt to the Church 6 Ed. 4. fol. 37. If one stop the water running to my Mill I shall have an Assise of Nusance and it is not presentable in Leet 2. H. 4. fol. 12. The Free-hold of a High way is to the Lord and passage for the People is to the King and punishment for annoying of that may be to the Leet 6 Ed. 3. way 2. and 2. Ed. 4. fol. 9. In a High way the King hath but passage for him and his People but the Free-hold and all the profits are to the Lord of the Soile as Trees c. the King shall punish annoyance made there and the Lord shall have an action for digging the Land there 27. H. 6. fol. 9. and 8. Ed. 4. fol. 9. He which hath Lands adjoyning to the way hath the half of the way unlesse it be a common High way for there it is otherwise for there it is to the Lord Britton fol. 111. Kings High way is that which leadeth from Town to Town and common way is that which leadeth from a Town to the Feild to their Lands 3. Ed. 3 Statham Tit. Wayes It seemeth there are royall VVayes or High waies common waies and private waies and to stop private waies an action lies Fitzh 124. If one be disturbed from his way he shall have a Quod permittat B. to have a certaine way over the Land of the said A. in D. as he ought and was wont 33. H. 6. fol. 29. It seemeth where my way is straitned or impaired I shall have an action upon the case but if it be all stopt I shall have an Assise of Nusance but by Prisot if the stopping of the way be by the Land Tenant Assise of Nusance lieth But if it be by a stranger an action upon the case lieth but of a common annoyance that is made in the Royall way none shall have an action but present that in a Leet or _____ and set a Fine upon him for the King and by Prisot I shall have an Assise of Nusance or a Quod permittat against all the Tenants though but one of them stop the way 5. Ed. 4. fol. 3. If a common way be and is not repaired by him which ought to do it so that I be in losse by that I shall not have an action but by way of presentment in Leet c. 27 H. 8. fol. 32. see there Fitzh 184. Assise of Nusance he stopped the way or straitned the way in D. to the hurt c. it lieth 48. Ed. 3. fol. 27. Arctavit viam a good forme 11. H. 4. fol. 81. c. Where one hath a way over a Bridge to his Mannor which another ought to repaire and he suffers a decay so that he cannot passe action upon the case lieth Fitzh 183. Assise of Nusance lieth where a man hath made an annoyance to my Free-hold which I have for my life in Taile or in Fee and so it followeth that a Termer for yeares shall not have an Assise but an action upon the case see 27. H. 3. tit Assise 437. If one let Lands for yeares and after an annoyance is made the lessor shall have an Assise and not the Lessee 11. H. 4. by Hanke and Culpepper if a man hath a way unity extincts it 3. H. 6. fol. 42. 21. Booke of Assises 1. Where a way is extinct by unity of possession in the Father yet it may be afterwards revived by partition with Composition for the Composition makes that and it is called a new way 5. H. 7. fol. 7. A Way belonging cannot be made in grosse by grant for none may have the Commodity of that but he which hath the Land to which the Way is appendant the same Law of common appendant but otherwise it is common appurtenant 26 H. 8. fol. 4. Appendant cannot be aliened and severed in Drifts and Waies to Closures yet the Free-Holder shall have the Trees but commonly in high way there is some waste in which the Tenants have common of pasture and the Trees growing there are to the Lord of the Mannor 17. Ed. 3. fol. 43. Is that the Free-hold and the Soile of a high street is in the Lord of the Mannor and the People have
and took Hares Coneys and Pheasants and not his and good for he hath no property 22. H. 6. fol. 65. Doctor Student fol. 9. None hath property of Birds Fowle wilde Beasts of Forrest and Warren yet the eggs of Hawks Herons and such like are to them which owe the Land Fitzh 67. No man shall be taken and imprisoned for Vert or Veneson if he be not found with the manner or indicted Nat. bre fol. 41. the same See Britton fol. 84. 18. Ed. 4. fol. 14. Where a man licenses me to hunt and kill a Buck in his Park my servant cannot come in by my commandment for the license shall be strict to him to whom it is given 2. Ed. 4. fol. 5. Trespasse one cannot justifie by license of a Keeper to kill a Deer 16. Ed. 4. fol. 7. Trespasse by force of armes he broke his Dove-house and took his Pigeons in the same and good but not abroad when they are out and have no mark and are in the fields 38. Ed. 3. fol. 12. Trespasse for entering into his Warren and took his Pheasants it was held that if the Defendant fly a Pheasant in his own land out of the Warren and his Hawke fly and kill in anothers Warren his entry into the Warren is a wrong Treheron in his reading shewed that Forrest ought to be by Commission and Proclamation and that a common person cannot have a Forrest that is to say cannot make a Forrest nor use Forrest-Lawes as it is said And to a Forrest there are divers Officers and to this is incident a Court of Swannimote but a common person may have a Chase or Park by Grant or Prescription and Forrest-Lawes shall not be to a Chase nor Court of Swannimote the Statute of 13. R. 2 is not inquirable in a Leet but before Justices of Peace that is to say that it is that no Artificer nor Lay man which hath not Lands to the value of forty shillings per annum and no Clark which is not advanced to ten pound per annum shall not keep a Harrier or other Dog to Chase nor shall use Ferrets Hayes Nets Harepipes nor Cords nor other Engines to take or to distroy wilde beasts upon pain of imprisonment for a year yet it is inquirable in a Court Baron if any hunt or hawke within a Park Chase Warren or Demesne Lands of the Lord of the Mannour without his license and for that something of that shall be said 12. H. 8. fol. 3. Trespasse lieth for taking a Hound or Deere out of the possession of the Plaintiffe and hath possession and not property 12. H. 8. fol. 10. One hath but possession of a Deer and if they go out catch that catch may and if any Hawke kill a Pheasant in your Land it seems that I shall have the Pheasant and yet it seems that one cannot hunt nor hawke in anothers Land 10. H. 7. fol. 30. Account lieth against a Keeper for the Deer for he hath possession as a Bailiffe one may grant liberty to one to take every year a Deer or to the Keeper the shoulders of them killed 13. H. 7. fol. 10. Where a Deer is given to one he may bring in his servants to take it for otherwise peradventure he cannot serve his Warrant 13. H. 7. fol. 13. It is said If one hath license to chase he cannot kill 18. Ed. 4. fol. 14 15. H. 7. fol. 16. Fine for hunting shall be greater then the trespasse 21. H. 7. fol. 30. It is lawfull for one to kill a Hart out of the Forrest though he be proclaimed 12. H. 8. fol. 4. saith That one may distrain a Brache doing damage which enters into my Close to chase 2 Ed. 3. tit distresse 20. 48. Ed. 3. fol. 8. He that hath land adjoyning to a Chase may hunt Deer out of his ground with a little Dog but not with Begles and by some if the Dog follow them into the Chase and the owner drives them back yet if they kill the beast trespasse doth not lye Seek 18 H. 6. f. 22. Held that if a man goe in the way adjoyning to a Park and his Dogs break his Leash and kill a Deere in the Parke against his will and he call them back he shall not be punished but it seems that if he doe not what he can to hinder them it shall be a trespasse Fitzh 19. If one incite or procure his Dog to bite a man he shall have his trespasse upon that Assise IN so much that an Assise is brough of a Copy-holder some thing is to be noted to you touching Assises And first I intend That if a Copi-holder of Inheritance dyeth seised of a Copi-hold and his heire enter as he may though there be no Court kept and he not admitted and be outed by a stranger of that dissâ—isic he shall have a Plaint in nature of an Assise Seek for it is 13 Eliz. by the Justices If Tenant by Copy of Court Roll dye seised and his heire enter and take the profits he is no trespasser though the Lord hath not admitted him Tenant and though no Court were held there in seven yeares and further there said that it was adjudged in the Chancery That if Tenant by Copy of Court Roll hath issue two Daughters by diverse Women and they enter and take the profits and one dyes before any Court held now her Cozen collaterall ought to Inherite as heire to her and not the other Sister as heire to the Father which proves that this was a seisin according to their Custome The same Law is if a Copl-holder be admitted and after is thrust out by another or if another be admitted to it and by this he that was first admitted is thrust out by him which was secondly admitted the first Admittee shall have a Plaint in nature of an Assise of that disseisin Plowden Com. fol. 528. Parson before Induction cannot grant an anuity for he hath no possession so it seems if a Copi-holder dye seised his issue shall not have an Assise before admittance Fitz. 177. a. Where Tenant for life in Fee simple or Fee taile is disseised of his Lands and Tenements or outed of that against his will this is disseisin and he shal have an Assise of novel disseisin Nat. brevium fol. 107. Fitz. 195. c. Where my Father or my Mother my Brother or my Sister or my Unkle or my Aunt or Nephew or Neece dye seised of any Lands or Tenements or of Rents of an Estate of Fee simple now if a stranger take possession of this Land or Rent after their death I which am their heire shall have an Assise of Mortdancester Nat. brevium fol. 118. So for a Copi-hold in Fee If my Father Mother Brother or Sister Unkle Aunt Nephew or Neece dye seised of that and a stranger enters I shall have a plaint and make protestation to Sue in nature of a Mortdancester and upon disseisin as above in nature of an Assise of novel Disseisin
and bargained his copy-hold to J. S. and his heires J. S. was admitted to have to him and his heires according to the custome this is not good for that it wants this word Surrendred Tenant in taile by copy the remainder over to I. S. in Fee surrender his Lands into the hands of two Tenants to the use of I.N. and his heirs and dyes before that be presented and after that was presented and I. N. admitted this is not good but contrary Law if Tenant in Fee had made that surrender and dyed as above Seek By the custome of a Mannor some Lands are copy-hold for three lives and some to them and their heires and the Lord grants by copy that which was for three lives after those three lives ended to one and his heires this is not good but the custome of the Mannor is good though there be severall copy-holders of severall customes The Lord of a Mannor within which are copy-holders and the Lord grants over the Demesnes to I. S. in Fee so that he hath no Court yet it is said that the copy-holders may surrender as before they did And that the Lord by his Grant cannot destroy their surrender and Copies The Lord may avow for Rent of his Copy-holder before admittance where it descends to a copy-holder but he shall not be sworn of the Homage before admittance If the custome of copy-hold be that the Lord may grant for three lives if all dye and then when the land is come into the hands of the Lord he is bound in a Statute and after he grants that over according to the custome this Land shall not be extended upon the Statute And if a copy-holder be bound in a Statute his copy-hold land shall not be extended and if the Lord be bound in a Statute the land of the copy-holder shall not be extended If an Infant be a Lord and admits a copy-holder to him and to his Heires this is good and he cannot avoid that by his Infancy for he is but an instrument to convey that according to the custome and departs with no Estate If a copy-holder will exchange this is not good unlesse there be a surrender and admittance If a Villaine purchase copy-hold and the Lord of the Villaine enter he shall not have possession of the copy-hold till he be admitted Copy-hold shall not be forfeit by attainder of Heresie for â—he blood is not corrupted for the Statute of 5 H. 5. is not to be intended of copy-hold Lands for it is said by the Statute that he shall forfeit his Lands Tenements and Hereditaments and that the Lord of whom the Lands are held shall have the Lands after the King hath yeare day and waste and this is intended of free-hold and not of Copy-hold but if a Copy-holder be attaint of Treason or Felony as it is aforesaid there the Lord shall have the Land for that that the blood is corrupt and so there is none to inherit but by attainder in Heresie is no corruption of blood If a copy-hold be furrendred to my use simply and the Lord admit me upon condition this condition is void for the Lord gives nothing but is an instrument to convey that according to the surrender so if it be surrendred to me for life and the Lord admits me to have to me and my Heires it is not good If a copy-holder of a Mannour takes a Lease for yeares of this Mannour seek if his copy-hold be extinct But if a copy-holder makes a Lease of his copy-hold to his Lord this was held no extinguishment of his copy but a suspension But if the Lord by Indenture make a lease for yeares of copy-hold land to his copy-holder of that the copy-hold is there held to be extinct so if the Lord make a feoffment to his copy-holder of all his Mannour upon condition and after enter for the condition the copy-hold is extinct and if a copy-holder take a lease for years of the Mannour with a remainder over by Indenture this extincts the Copy-hold If a Disseisor be of a Mannor whereof there are copy-holders for three lives and he grant copies for three lives and after the Disseisee re-enter this shall avoid the grant of the copies by the Disseisor But if the Lord of that Mannor make a feoffment in fee upon condition and the Feoffee grants copies for three lives and after the Feoffor enter for the condition broken he cannot avoid the copies If Tenant in taile or in fee of a Mannour will grant Lands by copy which were no copy-hold Lands before and that hath contiuned by divers admittances after as copy-hold and was never interrupted at any time by the Issue in taile but hath been allowed for him so that that hath continued by sixty or eighty yeares this is very good and shall not be ever after avoided but if it may be shewed to have been an Interruptation then it is otherwise 15 Eliz. If a copy-holder surrender to the use of his Wife for life the remainder to him and his Heires and after the Husband surrender to J. D. and his Heires and dies the Wife may enter by Dyer and Mounson Justices and shall hold for life but the Heires of the Husband are bound otherwise it is if the remainder were to the right Heires of the Husband for they are purchasors of this remainder and may enter after the death of the Wife A Copy-holder hath a Son and a Daughter by one Belly and a Son by another Belly and surrenders to the use of his Wife for yeares and conveyes after her death the remainder to his Son of the first venter his Heires and Assignes and dies the Tenant for years is admitted the remainder in form aforesaid the Son of the first Belly dies without Issue before admittance and during the Tearme and Dyer saith that the possession of the Wife of the Termor or of the Guardion is a sufficient possession to make a Brothers possession 16 Eliz. Mounson saith Copy-holders are within all statutes which speake of Tenants for if a copy-holder had not been excepetd in the Stat of dissolution of Monastries the King had had them which Geffrey and Bendlowes granted The Husband by surrender discontinues the copy-hold which he hath in right of his Wife the Wife is put to her Cui in vita and she is not aided by the Statute of 32 H. 8. 24 Eliz. A copy-holder surrenders to the use of his last will and deviseth that his Executors shall sell the Land to J. S. and makes two Executors and dies and one Executor takes a Wife and surrenders to the use of J. S. the Devisee and was said that by the admittance of J. S. that he was copy-holder though that the surrender be made by both the Executors Taile of Copy-hold EState taile may be of a copy-hold and Formedon in descender may lye of that that is to say may sue plaint and make protestation in nature of a Formedon in discender at the
Tenant saith he hath improved leaving sufficient for the Plaintiffe If a man grant Land and Common the Grantor cannot improve against his Deed 12 H. 3. fol. 25. That hee cannot improve against a Deed 3 Ed. 2. tit 21. If the Tenant have Common for all manner of Beasts the Lord cannot improve notwithstanding I have heard the opinion of the Learned to the contrary 34. Assise 11. It was held that no man might improve in Feilds sowed where they have Common when the Corne is reaped and carryed and in time of Wreck for the Statute is in Wasts and not in Feilds And also it is held there that Cottager shall have Common but not a Cottager newly erected for he cannot prescribe 5 Book of Assise 2. Jurney to Lecester The Tenant shall not have Common to Land newly improved but to ancient Land hide and gaine 10 Ed. 2. tit 22. 5 Book of Ass 2. the same The Statute is as much as belongs to Tenements that seemes to extend as well to Common appurtenant as appendant But Master Stamford sayd in Grayes-Inne That improvement is onely against him that hath Common appendant and not against him which hath Common appurtenant without number Now let us see what is appendant and what appurtenant Common appurtenant is for all manner of Beasts and appendant is but to have common for Beasts commonable Natura brevium fol. 70. That appurtenant is with all manner of Beasts by prescription 9 Ed. 4. fol. 3. by Fairfax By Prisot Common appendant is to have common for Horses Beasts Kyne and Sheep which are commonable and which are most fit for the Ploughman and not for Geese Goats and Hogs 37 H. 6. fol. 34. If one hath a common of Estovers by Grant he cannot build another new House to have Estovers to that Fitzh fol. 180. h. Admeasurement lyes between Commoners which have common appendant to their Free-hold if one of them surcharge the common by putting in more Beasts then they ought to common Fitzh fol. 125. B. D. He which hath Common appurtenant to a certaine number or common by specialty to a certaine number shall be admeasured But he which hath common appurtenant without number or in grosse without number shall not be admeasured 26 H. 8. fol. 4. Common appendant cannot be aliened and severed but common appurtenant may 5 H. 7. fol. 7. B. and 9 Ed. 4. fol. 39. A. He which hath Common appendant cannot use that common with other Beasts but those which are rising and lying upon his Land 15 Ed 4. fol. 32. Termor cannot put any Beasts into the Common but those which hee hath to manure his Land or for his houshold and not for to sell 14 H. 6. fol. 6. A man grants Land and a Turbary this doth not make the Turbary appendant unlesse it were appendant from time out of minde 8 Book of Ass 9. Common is to be taken by the mouth of Beasts 31 H. 8. tit 151. Commoner hath no interest in the Land but to take that with the mouth of his Beasts and cannot have trespasse why he broke his Close against one which makes trespasse in the common but may distraine them doing damage 12 H. 8. fol. 2. There are foure manner of Commons that is to say Common appendant Common appurtenant Common in grosse and Common because of Neighbourhood Natura brevium fol. 69. Common appendant is to Land arable onely 26 H. 8. fol. 4. by Hales It seemes it may be appendant to a Mannor Land or Tenements Fitzh 139. L. It may be appendant by reason of a House Natura brevium fol. 70. Where one hath Common because of Neighbourhood in the Land of J. S. he cannot put in his Beasts in the waste of J.S. but in his owne Land which may goe if they will into the waste of J. S. 13. H. 7. fol. 13. c. Assise of Novell Disseisin lyeth of Common of pasture Turbary and Fishing where he hath that for life or in taile or in Fee and is disturbed that he cannot take his common and the Writ shall be hee disseised him of a common of pasture in D. and not disseised him of his Free-hold in D. as where it is of Land for there it is alwayes hee disseised him of his Free-hold Fitzherbart fol. 179. L. Common appendant a man cannot use with Beasts of a stranger unlesse hee keepe them to dung his Land but hee cannot take in other Beasts for Money which doe not manure his Land See 6 H. 7. fol. 14. Fitzherbart 180 B. If a man claime Common for Beasts without number there he may put in other Beasts of a strangers for Money in that Common otherwise it is in Chase or Forrest where the Lord hath Deer Fitzh 189. B. He that hath Common ought to use that with his owne Beasts or with Beasts which dung his Land or with Beasts allowed for their Milk and cannot take in any 22 Book of Ass 82. He which hath Common by specialty cannot take in Beasts but he that hath Common for Kine for their Milk or for Beasts to manure his Land for Sheep allowed to dung his Land for he hath right in them for the time 45 Ed. 3. fol. 26. A way appendant to a House shall not be made ingrosse but Common appurtenant and Advowson may 5 H. 7. fol. 7. Where the King grants Common to an Abbot and his Successors without number out of a Mannor and after he grants the Mannor to another and after the Abbey is dissolved it seems for that that it is Common without number the King shall not have it but if it were Common certaine the King shall have it 27 H. 8. fol. 20. Common appendant shall be used with his proper Beasts and not with others Beasts and the Defendant was admitted to prescribe for Common appendant 6. Hen. 7. fol. 14. He which hath Common appendant cannot use that but with his owne proper Beast or Beasts which dung his Land but he which hath Common for twenty Beasts by Grant or with Beasts without number he may use that Common with others Beasts 11 H. 6. fol. 22. Fitzh 180. B. the same A man need not prescribe in Common appendant but it sufficeth to say that he is seised of three Acres in D. and that he hath Common appendant c. 4 H. 6. fol. 13. He which justifies for Common appendant need not prescribe in that also 22 H. 6. fol. 10. Common appendant cannot be but by continuance of time out of memory c. 5 Book of Ass 2. Courts In what place a Court-Baron shall be held COurt-Baron by Brian shall be held in a place certain but I have heard that it may be kept in any place within the Mannor that the Tenants have notice to make their suit and it is good 8 H. 7. f. 4. A. and so it is 24 Ed. 3. that it need not be in a place certain and by Glanvile fol 19. It ought to be held in a place within the Mannor and
she may and after the Son is born he cannot enter upon the Daughter and be Heire and Tenant to the Lord Plowd Com. f. 56. 5. Ed. 4. f. 6. By Tearmes of the Law thirty and Wilby if a man Tenant seised of Land in Fee dies seised his Wife privily being with Child with a Son and another man marryes her and after the Son is born he shall be adiudged the Son of the second Husband and not of the first Husband and shall be Tenant to the Lord of the Land of the second Husband and Berrey Justice said that the Infant might choose which he would for his Father 21 Ed. 3. f. 39. Otherwise it is if she had been great with Childe If a Woman be with Child by her Husband Tenant or by another it shall not be tryed but if she be with Child at the time of the death of her Husband or not shall be in Issue for by 1 H. 6. f. 3. If the Wife of J.S. go away with an Adulterer and hath Issue if J.S. her Husband be within the foure Seas the Issue is Heire of J.S. for by whom the Woman is with Child it cannot be tried and for that it shall be intended by J.S. 41 Ed. 3. f. 11. and 7. H. 4. f. 9. the same If a man marry a Wife which is great with Child by another man and within three daies after Marriage she is delivered and the Husband dies the Issue is lawfull and Heire and Tenant to the Lord and no Bastard 18. E. 4. f. 30. a. 24 H. 8. Br. Title Bastardy 44. it was said if a man marry his Cozen within the degrees of Marryage and have Issue and are divorced in their lives and by that the Marriage is avoided and the Issue is Bastard contrary if one dye before the Divorce 21 H. 7. f. 41. If a Deacon takes a Wife and hath Issue this Issue is no Bastard otherwise it is of a Marriage between a Fryer and a Nunn if they have Issue 11 H. 4. fol. 76. Sayd by our Law if one marry his Cozen their Issue is no Bastard till they are divorced but shall take by Discent 42 Ed. 3. fol. 11. If a man marry a Wife and living that VVife marry another and hath Issue by the second this Issue is a Bastard notwithstanding that the first VVife after dies and shall not take by Discent For that that in the same second Article of Charge it is inquired if any Tenant of the Lord be dead who is Heire and Tenant to the Lord let us now see where the halfe blood is impediment and where not TEnant gives Land to the Father for life remainder to Rich. his Son in taile The remainder to the right Heire of the Father the Father dies Rich. enters and dies without Issue of his Body his Brother of the halfe blood shal have the Land and not the Uncle of Rich. and shall be Tenant and the halfe blood is no impediment 39 E. 3. tit 5. A man Tenant had Issue by two severall Bellyes and dies the eldest Son enters and endowes his Mother the Heire dies without Issue the Tenant in Dower dies the youngest Son of the halfe blood shall inherit it and shall be Tenant 7 H. 5. f. 2. 58. Assises 6. accordingly Father seised of an Advowson in grosse hath a Son and Daughter by one Belly and a Son by another and dies and the eldest dies before presentment the youngest Son shall be Heir and the half blood is no impediment 3 H. 7. f. 5. Fitzh f. 36. O. If the Father Tenant hath a Son and a Daughter by one Belly and a Son by another and lets to one for life and dies and the Reversion is discended to his eldest Son which dies before the Tenant for life this is no possession that the Daughter shall have the Land but the Son of the halfe blood shall be Tenant to the Lord but if reversion of tearm of yeares were in the eldest Son which dies before the Tearm ended the Daughter shall have the Land and shall be Tenant to the Lord and not the Son for halfe blood is impediment 5 Ed. 4. f. 9. But in the case next before where there is a Rent reserved upon the Estate for life by the Father and the eldest hath the reversion and Rent and dies the Daughter there shall inherit and the halfe blood is an impediment to the Son to be Heire and Tenent yet if the Father dies and the eldest Son dies before payment of Rent there it is otherwise 35 Book of Ass 2. If a man Tenant hath Issue two Daughters by severall Bellies and dies and they enter and make division betwixt them if one dye without Heire generall or speciall her part shall escheate to the Lord and not discend to the Sister of the halfe blood but if that Sister hath an Uncle it ought to discend to him and if he enter and dies without Issue it shall discend to the Sister of the halfe blood see Littleton fol. 3. Natura brevium fol. 10. If a man Tenant hath three Daughters by on Belly and a Daughter by another and dies and the foure Daughters enter and two of them by the first Belly dye now the third of the whole blood shall have three parts and shall be Tenant of that to the Lord 10 Ed. 3. Tit. 13. and 10 Ass 27. accordingly Note that the possession of a Brother to make the Sister inheritor and not the Son of the halfe blood is only of fee and not of fee taile 32 Ed. 3. Tit. 8.37 Book of Ass 15. accordingly If the Donee in taile have a Son and a Daughter by one Belly and a Son by another and dies and the Son of the first Belly enter and dies seised without Issue the Son of the second Belly shall be Heire and Tenant to the Donor and not 〈◊〉 the Daughter Natura brevium fol. 147. If a man hath a Son and a Daughter by one Belly and a Daughter by another and Lands are given to the Father for life the remainder to the Son in taile the remainder to the right Heires of the Father the Father dies and the Son enters and dies without Issue the two Daughters shall be Heires and Tenants to the Lord for the Son was not actually seised of the Fee 5 Ed. 1. Tit 14.32 Ed. 3. Tit. 9.24 Ed. 3. fol. 24. and 37. Book of Ass 4. accordingly The possession of the Brother of Lands held by Knights service there the possession of the Guardian if the Son dyes in Ward is possession of the heire to make the Sister inherite and to be Tenant to the Lord and not the Son of the halfe blood 8 Ed. 3. tit 12. and 8 Booke of Ass 6. accordingly Lands discends to two Coparceners which are by severall bellies and one dye before entry into the Land the other shall have Mortdancester as heire of her Father of the whole Land for that that the other was never seised 34
to pay his Rent it is no forfeiture The same Law is if he be much in Debt and in feare to be arrested or if one be bankrupt and keep his House and doth not come to the Lords Court but makes divers defaults these are no forfeitures of their copy-holds But if he deny to come to the Court of the Lord this is a forfeiture of his copy-hold But if the Lord claime a Fine custome or services which is in doubt whether due or not and the Tenants pray the Lord that the Homagers may inquire if it be due or not and saith if it be found by the Homagers upon their Oath that they are due or if there can be Presidents shewed that it is due he will pay it this is no forfeiture of his copy-hold If twelve are assembled against the form of this Statute then if any copy-holder being a Yeoman Handy-crafts-man Artificer Husbandman or Laborer and being of the age of eighteen yeares or more and under forty years not Impotent Lame Maimed nor having reasonable excuse and being required to serve the Queen for any the causes in the Statute and refuses he shall forfeit his copy-hold during his life 1 Marie chap. 12. If a copy-holder in Court-Baron will say to his Lord that he extorts and exacts Fines and Services not due or such unreverent words of his Lord and they be false that is finable but no forfeiture But if he deny to be Tenant to the Lord and to be a Juror of the Homage it is a forfeiture but if a copy-holder indict his Lord or gives in evidence in an action against his Lord or arrest him or commence a Suite against his Lord in any Court of the Queens these are not finable nor no forfeiture If Tenant in taile be of a copy-hold the remainder over in Fee if the Tenant in taile be attaint of Felony it seems that the Issue in taile shall have the Land and not the Lord. If a copy-holder make a Feoffment of his copy-hold and the Feoffee dies seised and his Heires levy a Fine of that and five yeares passe the Lord is barred to seise the Land by forfeiture as it seems Some Copy-holder by the custome may make waste and is no Forfeiture and waste by some Copy-holder is Forfeiture LOpping of Trees by a copy-holder is no forfeiture but a copy-holder cannot lop Trees and burn that in the house upon other Land or Mannor nor sell the lops unlesse by the custome he may make wast If a Guardian in Socage of a copy-hold make waste the Infant shall not forfeit his copy-hold but only the Interest of the Wardship but inquire If Lessee for yeares of a Copy-hold make wast and inquire when he is Lessee for yeares by surrender and when he is Lessee by the license of the Lord it is said it is a forfeiture but during the Tearm J. S. Seised in fee of an Acre in D. by Charter and of another by copy and make a Feoffment and Livery in the Acre by Charter in name of them both it is no forfeiture of the Acre by copy but if he make Livery in the Acre by copy in name of both the Acre by Charter passes and it is forfeiture of the Acre by copy If a copy-holder suffer a common recovery against him at the common Law and after surrenders to the use of another which is admitted and after one or two admittances passe upon surrender yet after when the Lords takes notice of the forfeiture he may well seise it for that forfeiture for that that the copy-hold was destroyed by the forfeiture But otherwise it seems if the forfeiture do not destroy the Copy-hold as if he make wast or break any custome the Lord is barred by this admittance as it seems If a copy-holder levy a Fine and five yeares passe after Proclamation this seems barres the copy-holder and his Heires but it seems doth not barr the Lord but if a copy-holder make a Feoffment and Livery of his copy-hold and after levy a Fine and six yeares passe now the Lord is barred If two Joynt Tenants by copy are and one makes wast in all the Land yet he shall forfeit but one part If the Heire of a copy-holder having notice of the death of his Ancestor do not claime within the yeare and day after the death of the Ancestor and Proclamation made he shall loose it for ever but otherwise it is if he be beyond Sea or within age or a Woman having a Husband it seems she shall not loose by not claiming Tenant for life of a Mannor is and copy-holder of that commits wast and the Tenant for life dyes he in remainder may seise the Land for this wast for that it is a forfeiture which runs with the Land See before forfeiture touched in the Title of copy-holder Formedon In so much that plaints are sued in nature of Formedon for Copy-holds something shall be said touching Formedon and first let us see where a Formedon lies and where not and for that that there are three manner of Formedons that is Formed on in Discender Remainder and Reverter in Fitzh Nat. Brevium and there declared how everyone lieth much shall not be said but what is in Fitzher Natura brevium touching the lying of a Formedon FOrmedon in Discender lieth where the Donee in taile or free Marriage aliens that Land so given in taile or is disseised and dies his Heire shall have a Formedon in Discender to recover these Lands so given in taile Fitzh f. 211. A. Where Tenant in taile aliens or is disseised or if recovery be against him by default after default and hee dies his heire shall have a Formedon for the heire shall not have other recovery of the possession of his Ancestor then by Formedon but if he be outed of his own possession as if he be seised and be put out he shall have Assise Natura brevium fol. 145. Formedon lies by the heire of a gift made before the Statute of Westm 2. Where the Donee after the Statute aliens and dies and yet the Statute is to gifts before made it shall not be extended 12 H. 4. f. 9. Where there is a Tenant in Dower or by the curtesie the reversion to another in taile if one intrude after the death of the Tenant in Dower or by the curtesie he in reversion shall not have Intrusion but Formedon Fitzh 204. D. Woman Tenant in taile takes a Husband which aliens and after they are divorced and after the Wife dies the heire of the Wife shall not have A cui in vita but a Formedon Fitzh f. 204. K. If Tenant in taile lets for life and the Tenant for life aliens in fee the Tenant in taile shall have a consimili casu or a Formedon at his pleasure Fitz. f. 207. D. Where land is given to one for life the remainder to the Father in tayl if it were executed in the Father and he Alien the Issue may have a Formedon
she be of the age of 14 years there she shall be in ward but to the age of 14 yeares and then may sue Livery for the two years to make 16 years are not given but to tender marriage and for that she shall be out of ward at 14 years The husband seised in fee of Lands held in Knights service enfeoffs diverse at this day to the use of himselfe and his Wife and the heires of their two bodies begotten and for default of such Issue to the use of the right heires of the Husband and the Husband and the VVife have Issue within age and the Husband dyes though the VVife live and hath the Land the Issue shall be in VVard of the body as it is sayd The same Law where a man seised in Fee of Lands held by Knights service makes a gift in taile to J. S. the remainder to his right heires and dyes his Issue within age he shall be in ward of the body though Tenant in taile have the Land If a Reversion of an Estate for life or for yeares be in my Father and that discends to me I shall be in ward but otherwise it is of a Remainder but if a Remainder of an Estate for life be in my Father and that discends to me and after Tenant for life dyes I shall be in ward 11 H. 7. fol. 19. 33 H. 6. fol. 6. 8 Edw. 3. tit 23. and 33 Edw. 3. tit 8. By Choke If Infant be Tenant for life and the Reversion discends to him he shall not be in VVard 9 Ed. 4. fol. 19. Where an Estate is to an Husband and his VVife and to the heires of the body of the Husband the remainder to the right heires of the Husband the Husband hath Issue within age and dyes the VVife is Tenant to the Lord and for that the Issue shall not be in ward And if Lands be let to one for life the remainder to the right heires of J. S. the same J.S. dyes and Tenant for life dyes T. S. being right heire of J. S. and within age shall not be in ward for he is a purchasor 15 Ed. 4. fol. 10. Tenant for life the remainder to another in taile he in remainder dyes his Issue within age the Issue shall be in VVard if Tenant for life be dead 33 H. 6. fol. 6. Tenant for life the remainder in Fee dyes his heir shal not be in VVard for Tenant for life is Tenant Lord and Tenant the Tenant is disseised and dyes his Issue within age he shall be in VVard Fitzh fol. 142. B. C. D. Stamf. fol. 8. the same 3 H. 4. fol. 16. the same Littleton fol. 87. the same Lord and Tenant the Tenant hath a Daughter within age being his heire and he marries that Daughter to a Husband of full age and dyes the Lord shall not have VVard of the body but if he marry his Daughter to a Husband within age shee shall be in VVard Natura brevium fol. 98. Tenant for life the remainder in taile to the Husband and his VVife the remainder to the right Heires of the Husband the Husband and the Wife dye his heire within age living the Tenant for life the heire shall not be in ward Fitzh 143. A. A man makes a Feoffment before the Statute of Uses to the use of himselfe for life the remainder to W.S. in taile the remainder to the right Heires of the Feoffor the Feoffor dyes and W.S. dies without Issue the right heire of the Feoffor being within age shall be in ward for he is in by discent for the Fee was not out of the Feoffor But where one makes a Feoffment in Fee upon condition to re-enfeoffe him and the Feoffee gives to the Feoffor for life the remainder to another in taile the remainder to the right heires of the Feoffor and the Feoffor dyes and he in remainder in taile also dyes without Issue the heire of the Feoffor within age he shall not be in ward 32 H. 8. tit Ward 93. Estate is made to one for life the remainder to the Husband and Wife in taile the remainder to the right heires of the Tenant for life the Husband and the Wife have Issue a Son which hath Issue two Daughters and after the Son and the Wife dyes and after the Son dyes and after the Tenant for life dyes the two Daughters within age shall be in Ward 28 Ed. 3. tit 48. Marlebridge chap. 6. Gives the Lord remedy where his Tenant aliens by Collusion to defraud the Lord. Marlebridge chap. 16. Gives Mortdancester for the heire in Ward against the Lord unlesse he may have his Land at full age Prerog chap. 6. If a Woman before the death of her Ancestors which holds of the King in cheife before the yeares of marriage be marryed then the King shall have the Custody of her body till the age that shee may consent and then let her choose c. If an Infant be marryed before the yeares of marriage in the life of her Father and the Father dyes and the Wife dyes before the dayes of marriage of an Infant yet the Infant shall be in VVard and shall be marryed againe by the Lord Stamf. fol. 27. 5 Mar. tit Ward 124. it is held That marriage is as nothing for shee may marry another without Divorce within the yeares of marriage A gift is made to one in taile the remainder to the right heires of J. S. which was dead T. S. hath that as right heire but if he be within age he shall not be in VVard for he is in as purchasor 12 Ed. 4. fol. 2. 7 H. 4. fol. 5. 11 H. 4. fol. 72. 15 Ed. 4. fol. 13. the same A VVoman of the age of fifteen yeares at the time of the death of her Ancestor shall not be in VVard for the Lord shall not have VVard there till sixteen 35 H. 6. fol. 48. 28 H. 8. tit 86. If the King hath a woman in VVard and shee marry before fourteen shee shall be in VVard but to fourteen for the two yeares are given to tender marriage and shee is marryed See Westminst 1. chap. 22. Merton chap. 6. Gives ravishment of VVard and double value And Merton chap. 7. gives the value of the marriage West 2. chap. 12. Magna Charta chap. 6. The heires shall be marryed without disparagement Merton chap. 7. Of Lords which marry those that they have in their custody to Villaines or others as Burgers where they are disparaged If such an heire were within fourteen yeares and of such yeares that shee cannot consent to the marriage then if the Parents complaine of that Lord the Lord shall loose the custody till the age of the heire c. But if shee were of fourteen yeares and more and agreed to such marriage no punishment follows Littleton 21. See what are disparagements and what not Now let us see where your Lord shall loose the ward for that that he holds part in cheife and what
85. the same It is granted by all the justices that the King shall not out the Farmor of his Tenant by reason that the heire of his Tenant is in ward nor he which hath execution upon the Statute nor Rent charge granted by his Tenant nor grant of next Advowson Time of H. 8. Tit. Ward 44. Now if the Tearm be not found in the Office for the King yet the Farmor shall injoy his Tearm 2 Ed. 6. chap. 8. Where there is Lord and Tenant Rastall Escheat 15. and the Tenant grants a Rent charge and dies his Issue within age the Lord being Guardian shall hold this Land charged 3 Book of Ass 1. Seisin Seisin of the Guardians vests Free-hold in the Heire and Chattell in the Guardian and Seisin of the Lord of parcell sufficeth to have ward but not to avow for all and see what Seisin is materiall WHere by Office one is found in ward to the King that settles the profits in the King and the Freehold in the Heire 1 H. 7. fol. 6. and 42 Ed. 3. f. 4. Seisin of the Ward is Seisin of the Son within age so that if he dye without other Seisin the Daughter of the halfe blood shall not have this Land 8 Book of Assises 6. Possession of the Guardian is possession of the Heir for if the Guardian be outed the Heire shall have Assise without other Seisin 2 Ed. 4. f. 5. Though the Free-hold be in him which is in ward yet if he being in Ward cut the Trees of his Land in Ward the Lord may have trespasse against him 5 H. 4. fol. 2. If the Tenant holds by Homage Fealty and Rent and the Lord hath been seised of the Rent but not of the Homage within memory yet this sufficeth to have the ward 6 Ed. 6. Tit. Ward 122. If the Tenant hold by Rent and Knights Service and the Lord and his Ancestors have been alwaies seised of the Rent but not of the Homage Escuage not of the ward yet if the ward fall The Lord shall have the Ward of the Heire by Seisin of the Rent for the Seifin is not traversable notwithstanding otherwise it seems to make avowrie 7 Ed. 6. tit 69. 13 H. 4. Seisin of Homage without Escuage is sufficient to have releife for avowrie 22 Ed. 3. Tit. 90. Tenure B. By the Seisin of Escuage the Lord may distraine and make Avowrie for Homage 27 H. 8. fol. 25. Avowrie for Fealty and Rent and Issue upon the Tenure Seisin of the Rent is not good evidence nor Seisin of Suit of Court for it is another thing that the Avowrie is made for 44 Ed. 3. f. 11. Seisin of Fealty is not iufficient Seisin to have Assise of Rent but sufficient Seisin to make Avowrie for all 45 Ed. 3. fol. 23. the same Seisin of Escuage nor releife shall not be traversed and for that where one avows for Homage Fealty Releife and Escuage it is no Plea that he was not seised of Escuage nor of releife for paradventure Escuage is not assessed by Parliament within memory 13 H. 4. f. 6. Where one holds by Fealty and Rent If the Lord were seised of the Rent it is sufficient to avow for all see 29 Ed. 3. fol. 31. and 27. H. 8. f. 24. But the Issue was upon the Tenure Where one holds by Fealty and Rent Seisin of Fealty is sufficient to avow for all 45 Ed. 3. f. 28. 44 Ed. 3. f. 10. See 27 H. 8. f. 24. Seifin of parcell of Rent is sufficient to have Assise of all 8 Book of Ass 4. But if one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Nat. Bre. fol. 109. If one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Abridg. Book of Ass fol. 16. Seisin of Rent by the Predecessor of a Parson c. Of a corporation if it be gainfaid to the Successor it is sufficient to have an Assise of this Seisin Fitzh fol. 179. C.F. Seisin of Fealty is not sufficient to have Assise of Rent 20 H. 3. Tit. Avowrie 433. Where one holds by Fealty and ten shillings Seisin of parcell of the Rent sufficeth to have Assise for all Inquire time of Ed. 1. Tit. Avowrie 229. One may avow for releif without alleadging any Seisin of it 20 Ed. 3. Title One may have Escheat and Ward before that he be seised of the Services 11 H. 4. f. 16. Where one avows for that that the Plaintiff hath common in his Land and hath used to pay to him ten shillings and hath used to distraine for that it is not good without alleadging Seisin of that Rent 26 H. 8. fol. 6. Homage and Fealty And for that that the third Article of the charge is to inquire of Services withdrawn and for that that some Tenants make Homage and Fealty and some Fealty only you ought to see the form in Master Littleton fol. 18. and 19. Of making of one and of another and what shall be one and what the other and that none shall make Homage nor take Homage but such a one which hath an Estate in Fee simple or in Fee taile in his own right or in right of another and if a Woman having Lands in Fee or in taile takes a Husband and have Issue The Husband in the Life of his Wife shall make Homage but before Issue it shall be made in both their names and if the Wife dye the Husband shall not make Homage HOmage shall not be made to Tenant in Dower for it shall be made to none if he hath not Inheritance 22 Ed. 3. f. 19. 7 H 4. fol. 21. He which holds by Knights Service shall make Homage Litt. fol. 22. He that holds by Socage may hold by Homage and shall make Homage One cannot avow upon a Husband and a Wife as of right of the Wife for Homage unlesse that the Husband hath Issue by the Wife but if he avow upon them it need not be alleadged but it shall be intended that they have Issue see 44 Ed. 3. fol. 41. and 43 Ed. 3. fol. 13. Corporation cannot make Homage for corporation cannot appeare but by Attorney 33 H. 8. Title Fealty 15. Bishop or Abbot may take Homage contrary of Parson of a Church Time of Ed. 1. Tit. Fealty 12. In a Perque servitia an Infant was constrained to attorn and to make Fealty notwithstanding his nonage 20 Ed 3. Tit. 19. Tenant for yeares shall make Fealty to his Lessor Lit. fol. 29. D. 9 H. 6. fol. 43. and 5 H. 7. fol. 11. accordingly where a Rent is reserved By all the Justices that Tenant for yeares shall not make Fealty for it is as I beleeve to be intended not to the Lord but to the Lessor 10 H. 6. f. 13. It seems that a Lessor may avow upon a Lessee for years as within his Fee by the Mannor and for that shall make Fealty to his Lessor and may avow for
Guardian hold over the Heir at full age shall have a Mortdancester Fitzh fol 196. E. F. Mordancester doth not lye upon Lands devisable by Will and it is reason for it is true that the Ancester was seised the day that he dyed and that he dyed seised and the Tenant is Heir in apparence Fitzh fol 196. I. 4 Ed 2. Fitzh Mordancester 39. It is a good bar to plead devise of the same Ancester and so it seems where there is a devise now by the Statute of Wills Abridg Book of Assises fol 120. 32 H. 8. Chap. 2. One Coparcener shall not have a Mortdancester against another where their Ancester dyed seised and one enters in all and holds out his companion but nuper obiit and if the Ancester dye seised of an estate tail and one enter and deforce the other he shall have a Formedon and not a Mortdaneester Fitzh fol 196. L. Mortmain For that that by the 9th Article it is inquirable of Mortmain to the intent that none shall give in Mortmain but that the Lord may make his claim within the time limited in the Statute Let us therefore see what is an alienation in Mortmain and what not IF Villain of an Abbot or of a Corporation purchase and the Abbot or the Corporation enters this is in Mortmain and the Lord may enter within the yeer 41 Ed 3. fol 16. Fitzh 224. B. Contrary of Land which discends to a Villain 41 Ed 3.21 and 48 Ed. 3.27 If a Feoffment be made to the use of an Abbot or a Corporation this is Mortmain and within the Statute that the Lord may enter 8 H. 4. fol 16. Br 11. If an Abbot Mayor and Commonalty Dean and Chapter or other Corporation alien to another Corporation or Abbot without license this is Mortmain Fitzh 212. D. The same Law if one exchange with an Abbot or Corporation this is Mortmain and the Lord may enter Fitzh fol 223. E. Lord Dean and Chapter or other Corporation are Tenants and the Lord releases to Dean and Chapter or to the Corporation his Rent without license this is Mortmain But if he be licensed of the King and of the cheif Lord and Ad quod damnum be sued or in the license of the King this clause be that is to say without any Writ of ad quod damnum then the Mortmain is not to be inquired in no case where such license is used for that is dispensation that the King nor the Lord cannot enter for Mortmain But if the Lord with license in this case aforesaid be Tenant in tail or for life and dyes I think it is there inquirable Fitzh fol 222. D. and 223. I. But if the King grants to a Corporation liberty to purchase Lands and Tenements to the clear yearly value of 40 li. provided that it be not held in cheif as divers Grants are If such a Corporation purchase Lands and Tenements held of the King as of his Mannours of East Greenwich Depford otherwise West Greenwich Sayes Court Lewsham fee or held of the Queen as of her other Mannors there it is not inquirable of Mortmain but it is to be enquired in the Leet if they have purchased any Lands held in chief or over such a value in the Grant And also it is to be inquired in Court Baron for the Lord. If any Corporation have purchased any Lands or Tenements held of the Lords Mannor notwithwanding the Grant and license of the King aforesaid for this shall not be to dispence against the Lord for Mortmain Where anuity is granted to a Parson or a Vicar of a Church or to a Prior or an Abbot by any tenant It is no Mortmain to be inquired for in anuity if they recover collusion shall not be inquired for that doth but charge the Parson of the grantor and not the freehold 10 Ed. 4. fol. 6.34 H. 6. fol 37.3 Ed. 4.14 33. H. 6.27.20 H. 6.7 and 17. Ed. 3.5 But if any Tenant of the Lord grant by deed out of his Land any rent charge with clause of distresse to any corporation that is Mortmain and inquirable The same Law is If any tenant will that a Corporation shall have to them and their successors a rent charge issuing out of his Land and will not that his Parson be charged in any manner by Writ of an uity but hath in the end of his Deed provided alwaies that this present writing nor any thing in that specified shall in no wife extend to charge my person by Writ or Action of anuitie but onely to charge my Lands and Tenements of the yearly Rent aforesaid This is Mortmain and inquirable The same Law is if any Tenant of the Lord grant by Deed that if the Dean and Chapter Mayor and Commonalty and their successors be not yearly paid at the feast of Christmas 20 s. that then it shall be lawfull for them to distrain for the same in the manner of D. this is Mortmain and inquirable Littl fol. 30. proves this a good Grant See Fitzh 224 G. But where personall things are given to a Corporation as Horse Cow Ox Sheep hoggs or other goods there in this case Mortmain is not to be inquired for these so given are not within the statute 10. H. 7. fol. 3. If a Bishop or an Abbot appropriate to themselves an Advowson held of a Lord of which they are seised in Fee without License that is Mortmain and inquirable Eitzh fol 223. H. and 5 H 7. fol 37. saith that an Advowson lyeth in tenure 40 Ed 3. fol 44. accordingly If a Fishing held of the Lord be granted by the Tenant to a Bishop and his Successors or to a Dean and Chapter and their Successors this is Mortmain and inquirable 40 Ed. 3. fol 44. proves that it lyes in tenure The Statute of Religious fol 79. is That no Religious or other whatsoever shall presume to buy or sell any Lands or Tenements either under colour of gift or tearm or by reason of any Title whatsoever or by any means whatsoever art or wit presume to appropriate them to him under the penalty of forfeiting the same by which the Lands or Tenements may come into Mortmain by any means And the Statute gives liberty to the next Lord if he come within the yeer to enter and if he be negligent and do not enter then the next Lord within half a yeer and if not then the King after the yeer and half may enter And it is inquirable in the Court Baron for the benefit of the Lord that he may enter within the yeer and if the Lord be negligent and do not take his time limited by the Stature then the King may enter and that is inquirable in Leet for the King 25 H. 8. tit 37. Lord and Tenant the Tenant lets for life to I. S. the remainder to an Abbot and his Successors the Lord need not make claim till the Tenant for life be dead for if he will waive the Remainder it is
243. 26 Ed. 3. tit 246. Note as it is aforesaid that suit of Court is not incident to a Tenure but is due by Formam charte or by prescription as before the said Statutes Lords are to distraine every Tenant to make suit to their Courts and that suit is called suit service If a man seised of two Acres held by one Hauke makes a Feoffment of one the Feoffor shall hold by one Hauke and the Feoffee by another Littleton fol. so shall it be of suit of Court Brook Tenure 64. Tenant in Dower shall not make Suit if the Heire have sufficient land to be distrained Naturae Brevium fol. 159. B. Tenant in Fee It behooveth that the Steward shall have knowledge of all manner of Estates because of making surrenders of Copy-holders and also because of their Suits Wards Releifs and Services for if the Steward do not know the Estates of the Tenants how can he do Justice And for that somthing ought to be said of Estates and first of an Estate in Fee WHere lands are given to the Abbot of Battell and his Covent he hath Fee for that that they are a Corporation and Corporation iâ— intended to have continuance 11 H. 4. fol. 84. Br. Inquire and see in the next case Where land is given to Maior and Comonalty of London they have Fee without more saying that is without saying to have to them and their Successors 11 H. 7. f. 12. Notwithstanding it seems that Spirituall Corporation may die in some case If I have Common in the Land of an Abbot and I release to an Abbot and not to him and his Successors the Common is extinct but not for the life of the Abbot 26 H. 8. fol. 6. Where land is given to two to have and to hold to them and heires and Suis is left out they have but an Estate for life and not Fee 19 H. 6. f. 73. 20 H. 6. f. 35. the same Devise to one for ever be to him and his Assignes for ever he hath Fee 19 H. 6. f. 9 Where a Devise is to one without more that is is not said what Estate is for life only 22. Ed. 3. Where a Devise is to one and his Heires Males he hath taile and not Fee 27 H. 8. f. 32. If land be given to one to have and to hold to him and his Heires Males he hath Fee Littleton fol. 6. and 9 H. 6. fol. 25. A man devises his land to one to give and sell or to do with that at his will and preasure he hath Fee without more 19 H. 8. f. 9 and 7 Ed. 6. Tit. Devise 39. If a man devise his land to J.S. paying to J.D. a 100 l. J.S. hath Fee but if be devise to J.S. without more he hath but for life and in the first case if he do not pay that in his life time yet if his Heires or Executors pay it that sufficeth therefore it seemeth payment is not a condition there 29 H. 8. Tit. Testament 18. If lands are given to an Abbot or Prior to have to him and to his heires yet he hath not an Estate but for life for that that his heires cannot inherit otherwise it is where land is given to a Bishop or Parson and his Heires for they have Fee 94 H. 5. f. 9. If lands be given to B. for life the remainder to C. in taile the remainder to the right heires of B. the Fee is vested in B. if C. dye without Issue in the life of B. as well as if the remainder were given to him and to his right heirs and the right Heire of B. shall be in by discent if C. dye without Issue and not as a Purchasor 18 Ed. 2. Tit. 109. If Tenant in Fee bargaine and sell his land by Deed Indent and inroll within six Moneths to another though it be not to have to him and his heires he hath in Fee 27 H. 8. f. 6. and fol. 10.32 H. 8. Tit. conscience the twenty fifth the same If lands be given to J.S. to have to him in Fee simple yet he hath no Fee but for life 20 H. 6. fol. 36. But if land be given to one to have to him and his heires so long as such a Tree growes hath Fee determinable 27 H. 6.29 B If a man lets land to J.S. to have and to hold to him and his heires for tearme of the life of J.D. he hath Fee determinable for if J.S. dye living he for whose life the heire of the Lessee may enter and not a stranger as Ocupans Lit. fol. 136. 8 H. 4. fol. 14. You shall see the same 21 H. 8. Tit. Estates 50. and inquire If a man devises lands to J.S. paying ten pounds to his Executors and dies J.S. hath Fee by reason of the payment without words heires The same Law is if one sell his land to J.S. without words heires he hath Fee 4 Ed. 6. tit estates 78. Lease was made for eleven yeares and for security of that made a Writing that if he were disturbed he should have Fee and Livery was made and hath Fee upon disturbance 10 B. of Ass 15. 10 Ed. 3. Tit. Ass 161. the same Lease is made to one for twenty yeares and the Writing expresseth over that after the twenty yeares that the Lessee and his heires shall hold it for ever paying ten pounds and Livery is made he hath Fee forthwith for if the Lessor takes a VVife within the twenty years and dies shee shall recover Dower by award of the Court 31 Ed. 3. tit Feoffment 119. If a man lets for nine yeares upon condition that if the Lessee be disturbed within the tearme that the Lessee shall have Fee if the Farmor alien before disturbance this is disseisin to the Lessor for the see is not in the lessee before the condition broken 43 Book of Ass 41. If Lands be granted to one for five yeares upon condition that if he shall pay to the Grantor within the first two yeares forty Marks that then he shall have fee or otherwise but for five yeares and Livery and Seisin is made he hath fee forthwith upon condition Littleton 81. See 14 H. 8. fol. 25. Diversity where the condition is precedent and where subsequent The Lord Lovell let to W. for life and if the Lessor dyed without Issue of his body W. should have Fee the Fee is not forthwith in W. Plowden fol. 481. Land is given to the Husband and his Wife in speciall taile the remainder in Fee to the Husband which deviseth the Fee to his Wife and dyes without Issue the Wife is seised in Fee 27 Book of Ass 60. Lit. fol. 31. B. If a Woman be seised in Fee and deviseth that to her Husband and his heires and dyes he hath no Fee Natura brevium fol. 88. 3 Ed. 3. Journey to Northampton 33 Ass 3. the same 18 E. 4. fol. 11. B. 18 H. 8. tit Patentees 104. The King gives Land to J. S. and to his
without Issue the youngest Son shall pray releife and the Fee was but in expectancy 40 Ed. 3. fol. 9. A gift to three Brothers for life the remainder to the middlemost in taile the remainder to the right heires of the elder in Fee the middlemost and the youngest dye without Issue the Fee is executed in the eldest 40 Ed. 3. fol. 20. Tenant for life the remainder to J. S. in taile the remainder to the right heires of the Tenant for life the Tenant for life is impleaded and hath ayde of him in remainder for that that the Fee is in expectancy 41 Ed. 3. fol. 16. Lease for life the remainder in taile the remainder to the Tenant for life in Fee yet if he make waste hee shall be punished in waste for that he hath the Fee in expectancy but not executed Fitzh fol. 60. B. Gift in taile the remainder to his right heires in Fee this remainder is not executed yet it is in him to grant Perkins fol. 19. 12 Edw. 3. the same and 7 H. 5. fol. 2. the same Where one hath an Estate in taile Rastall Treason 12 19. the remainder to his right heires and is attaint of Felony he shall forfeit the Fee but the Issue hath the Estate taile 12 H. 4. fol. 3. But by the Statute of 5 Ed. 6. chap. 12. and 26 H. 8. chap. 13. One attaint of high Treason against the Queen the Issue shall not have the Land intailed 7 H. 8. fol. 48. Fitzh fol. 30. B. Tenant in taile Land is given to R. and Katharine and to their Heires and to the other heires of the said R. If the said heires of the said R. and K. Issuing dye without heire of them it is an Estate taile 5 H. 5. fol. 6. Perk. fol. 35. a. LAnd was given to one and to his Heires if he have Issue of his Body begotten and if not that the Land should return it is an Estate taile 35 Book of Ass 14. Land is given to one to hold to him and his heires if he have an heire of his own flesh and if not it should return it is an Estate taile 37 Ass 15. Land is given to one to have to him and the heires of his Body and to one heire of the said heire only it is and estate taile for two Discents at least Plowdens Commenfol 39. Book of Assises 20. Gift to the Brother and to his Sister and to the heires of their two Bodies begotten is an Estate taile that is severall tailes 18 Ed. 3. f. 39. and 17 Ed. 3. f. 51. Land is given to a married man and to a woman married to another man and to the heires of their Bodies begotten they have an Estate taile presently 15 H. 7. fol. 10. If Lands be given to one to have and to hold to him and his Heires And if it happen that he dy without heire of his Body then it shall remaine c. It is an Estate taile 5 H. 5. f. 6. and 19 H. 6. f. 75. the same Land is given to the Husband and to his Heires of the Body of Margaret his Wife begotten though that Margaret were dead at the time of the gift it is an Estate taile 12 H. 4. f. 2. Lit. f. 6. Lands was given to the Husband and his Wife and to their heires saving the reversion it is an Estate taile 9 Ed. 3 Statham Lands were given to Maude late the Wife of John Mandevill and to the heires of the said John which he begot of the body of the said Wife the Wife hath an Estate for life the Issue an Estate taile 2 E. 3.7 17 E. 2. Tit. Fitzh 23. Taile 7. 23. Where lands were given to one and his Heires of his body begotten before the Statute of Westm 2. he had fee conditionall and after Issue had had power to alien and now by the Statute they have taile Lit. f. 3.12 Ed. 4. f. 3.19 Ed. 2. Tit. 61. and 18 Book of Ass 5. the same A man gives to the Husband and his Wife for their lives and the longest liver of them the remainder to the Heires of their Body this is a good intaile executed immediately 35 H. 8. Brook Estates 75. Lands are given in frank-marriage to have to them and to their heires it is said that they have Fee but if it were given to them in taile to have to them and their Heires they have taile and Fee expectant 45 Ed. 3. fol. 20. and 32 Ed. 1. there Fitzh Taile 25. it is adjudged taile If Lands be given to a man and his Wife in frank-marriage to have to him and to his heires they have taile for the frank-marrying shall not be defeated by these Words afterwards 31 Ed 1 Tit 25. Lands are given in Frank-marriage the remainder over to a stranger and for that it cannot be an acquittall it shall be called speciall intaile 31 Ed 3 Tit gard 116 and 17 Ed 3 Taile 2. Gift to one in taile the remainder to his right heires he hath taile and Fee expectant 7 H 5 fol 2. Lease is made for life the remainder to another in taile the remainder to E. Daughter of the Earl of Arundell in taile saving the Reversion and all dye and E. is heire to the Donor and hath taile as Purchasor but shee hath fee expectant and she shall have aid but not age if she be within age for that that the Fee is but in expectancy 40 Ed 3 f 13. 24 H. 8. Tit. 33. Tenant in taile hath Issue and aliens with warranty and levies Assets and dies the Issue cannot recover by Formedon for the Warranty and Assets is a Barr and if the Issue alien the Assets his Issue shall not have Formedon but his Issue shall have a Formedon for no Assets discends to him 35 H. 8. tit 39. Land is given in taile to the King and after the King by his Patent lets for yeares or for life and hath Issue and dyes the Patent is voyd for it is no discontinuance Tit. Discent 35. for a Grant without livery doth not make discontinuance 32 H. 8. If Tenant in taile lets for yeares and dyes without Issue the Lease is voyd and hee in remainder may enter 5 Ed. 4. fol. 2. Tenant in taile shall not have a Quo Jure nor Ne injuste vexes for they are VVrits of Right 14 Ed. 4. fol. 6. If one recover in a Writ of Right against Tenant in taile of a Rent he hath Fee till he be defeated The same Law if tenant in tail be disseised the disseisor hath fee till he be defeated and so hath the discontinuee 39 Ed 3 tit 18 Tenant in tail of a Lordship by default of entry within a year after the alienation of the land in Mortmain may prejudice him in remainder in tail and by consequence his issue Fitzherbert 224 Tenant in tail shall have a Quod permittat Fitzherbert 136 shall have a VVrit of Mesne Fitzherbert 151 O shall have a VVrit of customes and services
by the Statute of 35 H. 8. chap. 20. It shall not binde the Issue in taile but that he may enter see M. 33. H. 8. Tit. 31. Recovery in value Seek if the Statute of 34. 35. H. 8. Provides for any Issues in taile but only the Issues of the Donees of the King for the Preamble speakes only of those but the Statute is whereof the reversion or remainder is in the King and for that it seems every Issue in taile where the Reversion or remainder is in the King may enter but a Fine with Proclamation by such Tenant in taile the Reversion or remainder in the King seemes is not remedied by this Statute but by 32 Hen. 8. chap. 36. Where Reversion is in the King is no discontinuance for though the Heire in taile shall be barred by Fine with Proclamation after Proclamation made yet there is an exception in the Ststute of those whereof Reversion or remainder is in the King so that it shall not binde such Issue in taile title assurance 6. see 4 H. 7. chap. 24. 37 Hâ—â— Where Tenant in taile is attaint of Treason before the Statute of 26 H. 8. His Son shall have the land for he doth not claime only as Heire but by the Statute and by the form of the gift see the Statute of 5 and 6. Ed. 6. chap. 11. That for high Treason Tenant in taile shall forfeit his Lands Com. f. 237. 27 H. 8. f. 6. If Tenant in taile sell Trees and dies and after he that hath bought them cuts them trespasse lies but if they be cut in his life time it seems the Buyer may take them 18 Ed. 3. Tit. Disseisin 92 Where Tenant in taile is bound in a Statute and dies and his Issue enters and the Conisee outs him by execution which is an act of Law he is a Disseisor Plowd Com. f. 235. before the Statute of Westm 2. he had but an Estate of Inheritance and that was Fee but this was in two manners absolute and conditionall and Formedon in Reverter was at the common Law and Formedon in Remainder by the Statute 1 H. 4. f. 6. If Tenant in taile by Estoppel or livery suing holds of the King and dies his Issue shall not be Estopped 43 Ed. 3. f. 14. Presentment to an Advowson in the life of the Tenant in taile puts him during his life out of possession but not his Issue 38 Ass 5. Tenant in taile is bound in Recognisance and Execution is sued by Elegit and this Land delivered in execution and after the Tenant in taile dies his Issue may enter without suing Audila querela 17 Ass 21. If Tenant in taile be bound in a Statute and hath Issue and dies and after execution is sued against the Issue this is disseisin to him and he shall have Assise though he comes in by processe by Law 14 Ass 3. It seems if Tenant in taile be bound in a Statute and dies and after his Issue infeoffs J.S. that the Conisee may have Execution against the Feoffee 35 H. 8. fol. 38. If the King gives in taile by his Letters Patents and after the Donee surrenders the Letters Patents to the King the taile by this is not extinct 38 H. 8. Tit. 39. Land is given in taile to the King he is Tenant in taile and cannot have greater Estate then the giver will depart to him and if the King let for yeares or for life or make a Feoffment in fee and hath Issue â—nd dies the Issue may enter for this is no discontinuance Tenant in Frank-marriage GIft was to the Husband and his Wife in Frank-marriage and this may be as well after the marriage as before 4 Ed. 3. Title Taile 6. Perkins fol. 48. C. If a gift be made with a woman in Franke-marriage which is not Cozen to the giver this is but for life Old Tenures Gift in frank-marriage with the Son of the giver his Cozen is no frank-marriage Time of H. 8. Tit. 10. but Fitz f. 172. H. and 7 E. 4. f. 12. A. by Moile in the Prior of Spaldings case seems contrary Gift in frank-marriage within the yeares of Marriage with a Daughter and they were divorced at full age at the Suit of the Husband yet the Daughter shall have all for she was the cause of the gift 19 Book of Assise 2. 19 Ed. 3. Title Assise 83. If a gift be to the Husband and his VVife in taile and they are divorced it seemes that they have not now but a freehold and though that they have Issue before the Divorce that shall not inherite But if a gift in tayle be made to two men or to one man and his Mother or Daughter and to the heires of their bodies their severall heires of their bodies shall inherite for that that they cannot marry 7 H. 4. fol. 16. and 17 Ed. 3. fol. 51. and Title tayle the 15. This is where the Divorce defeats the marriage from the beginning Gift in Frank-marriage rendring twenty shillings rent this reservation is void 4 H. 6. fol. 22. by Martin But the old Tenure is contrary tit Frank-marriage and 17 Ed. 3. fol. 66. also contrary If a gift be in Frank-marriage with his Cozen rendring Rent this is Intaile and not Frank-marriage and if a gift be with a Woman in Frank-marriage which is no Cozen to the giver this is but for life See before the 45 Ed. 3. fol. 20. If a man give in Frank-marriage rendring Rent the reservation is voyd till the fourth degree be past 26 Book of Ass 66. Land was given to a man and his Wife in Frank-marriage to have and to hold to the Husband and his heires and adjudged they have taile and not Fee for the frank-marriage shall not be defeated by words afterwards 32 Ed. 1. tit Taile 25. Reversion was given with his Daughter to one in Frank-marriage and is good 26 Ed. 3. tit 27. Taile Gift is made with Agnes his Daughter to A. in Frank-marriage and after A. marries Agnes and dyes and hee gives another Acre with Agnes to B. her second Husband in Frank-marriage and both are Frank-marriage 31 Ed. 1. tit Taile 30. Gift in Frank-marriage the remainder to J. D. in fee is not good for there cannot be an acquittall where remainder is given over Time of H. 8. tit 11. 19 Ed. 3. tit 1. If Lands be given in Frank-marriage to have for their lives the To have shall not abridge but inlarge the Estate and for that is is Frank-marriage 2 E. 3. tit 94. One gives Land to A. with Alice his Daughter in Frank-marriage to have and to hold to the aforesayd A. and his heires and it seemes Frank-marriage 13 Ed. 1. tit Formedon 63. I. gave R. and Alice his Daughter Lands in Frank-marriage to have to the aforesaid R. and Alice and their heires or to whom he will assigne it and the sayd R. did beget no heire of the sayd Alice nor the sayd R. and A. did not assigne it to any
the intaile is determined the Lease is determined and void 1 Ed. 6. tit acceptance 19. Lease for yeares and so from yeare to yeare as long as both parties pleased after he hath entred into every yeare it is a Lease for that yeare and a Lease for a thousand yeares is good 14 H. 8. f. 1. Lease for three hundred yeares is good and is but a Chattell notwithstanding the long time 32 Book of Assises 6. If a man lets for sixty yeares and so from sixty yeares to sixty yeares untill two hundred yeares be ended this is also one self same Lease and good 29 H. 8. tit Lease 49. and Plowdens Commentaries 273. the same The Husband and his Wife purchase to them and to the Heires of the Husband and after the Husband lets for yeares and dies the Wife may enter and avoid the Lease for her Life but if she dy before the residue of the Tearm it is good to the Lessee against the Heire of the Husband 33 H. 8. tit Lease 58. And note by all the Justices that the Guardian by Knight Service shall not out the Termor where he hath a Lease of his Tenant which dies his Heire within age contrary was the Law in times past as it appeares before in the title Ward VVhere it is agreed and granted to J.S. that he shall have twenty Acres in D. for twenty yeares this is a good Lease for this word Concessit is as strong as devised 37 H. 8. tit Lease 60. If one license one to enter and to occupie his Land for years it is a Lease for yeares in Law 10 Ed. 4. f. 4. 5 H. 7. f. 1. the same Tenant in taile lets for twenty two yeares rendring Rent and dies and the Lessee lets that over for ten yeares and the Issue accepts the Rent of the second Lessee this is no confirmation of the Lease for there is no privity betwixt the second Lessee and him 32 H. 8. Tit. Acceptance 13. A man lets for ten yeares and the next day lets the same Land to another for twenty yeares this is a good Lease for the last ten yeares of the twenty yeares which are ended after the first ten yeares 26 H. 8. Tit. Lease 48. See the time of H. 8. Tit. Lease 35. Weston saith If I let for so many yeares as J.S. shall name and after J.S. in my life time names certaine years the Lease is good for those yeares Plowdens Commentaries 273. A man lets a House with the Appurtenances no Land passes but if a man lets a House with all the Land to the same belonging there the Lands with that used passe and it is a good Lease of those Plowd Com. f. 273. 31 H. 8. tit Lease 55. See Plowd Com. 85. b. and f. 170.23 H. 8. tit Feoffments 53. If a man lets for life to J.S. and the next day lets to W. N. for yeares the second Lease is void if it be not granted of a Reversion 37 H. 8. tit Lease 48. A man lets for yeares to have after the Lease thereof made to J.N. ended and in truth J.N. hath no Lease this begins forthwith 3 Ed. 6. tit Lease 62. A man hath a Lease for yeares as Executor of J.S. and after purchaseth the Reversion the Lease is extinct and determined yet it may be assets 4 Ed. 6. Tit. Extinguishment 24. Leases made by a Bishop otherwise then for 21. yeares or three lives from the time that such Lease begins and where upon the old Rent is not reserved is void 1 Eliz. not in Print and for that a Lease made for thirty yeares by a Bishop and confirmed by the Dean and Chapters under their Seale shall not binde their Successor but if the Bishop Dean and Chapter joyne in a Lease for thirty yeares this is a good Lease notwithstanding this Statute And see Pulton tit Ecclesiasticall persons What Lease by Spirituall persons is good and what not And see 13 Eliz. chap. 10. That a Lease by Bishop Dean and Chapter for longer time then twenty one yeares or three lives is not good and by 14 Eliz. chap. 11. They may make a Lease of Houses in Cities and Borroughs for forty years and by 18 Eliz. chap. 11. They cannot let where there is an old Lease which hath continuance for three yeares or more A man possessed of a Tearm for forty yeares grants so many of them to J.S. which shall be behinde at the time of his death and it seems it is void for the Incertainty otherwise it is if it were by devise But if a man lets his Land to have after his death for forty yeares this is good for this is certaine 7 Ed. 6. tit Lease 66. See 8 H. 7. fol. 4. Grant of Rent but if a man let for life and foure yeares over is good Tenant which holds in cheife dies his heire before Livery sued makes a Lease for yeares this is good if no Intrusion be found by Office and if after the Lease the dying seised be found by Office and no intrusion it hath no relation to the death of the Ancestor unlesse for the profits and not to defeat the Lease 5 Ed. 6. Tit. Lease 57. Tenant at will What acts Tenant at will may do and what to him and what by him are good and what not IF Tenant at will lets for yeares in his own name He is a Disseisor 12 Ed. 4. f. 12. Release made to the Tenant at will by the Lessor is good Lit. f. 108. If one alien his Mannor there need not that Tenant at will attoin Lit. f. 125. Tenant at will cannot grant over his Estate to any for he hath no Interest certaine 27 H. 6. f. 3. B. If a man lets to one at will the Lessor dies the will is determined 21 H. 6. f. 42. If Tenant at will be outed this is Disseisin to the Lessor and yet the Tenant at will may enter without commandement of his Lessor for the will continues 38 H. 6. fol. 28. If Tenant at will make wast action upon the case lies against him and not wast 48 Ed. 3. f. 25. 11 H. 6. f. 38. the same See Lit. f. 15. 12 Ed. 4. f. 8. the same 22 Ed. 4. f. 5. Trespasse lies 14 H. 8 f. 12. By Brown If Tenant at will makes wast action upon the case lies and by Roo if my Father lets at will and dies the will is determined Littleton fol. 14. If Tenant at will makes voluntary wast he saith that the Lessor shall have an action of trespasse but it seems he intended trespasse upon the case 48 Ed. 3. f. 2. Action upon the case lies against Tenant at will which makes wast in burning of Houses willingly and not action of wast 2 Ed. 4. fol. 5. By Littleton If I deliver to you my Gown and you burn it action upon the case lies and not trespasse By force of Armes 43 Ed. 3. f. 30. If one hath Goods by delivery trespasse doth not lye against him but
29. It is iustifiable to speak to a Lawyer for him that he cannot speak English and by Laken Master may pay money of his Servants Wages to the Counsell by the consent of his Servant but a Bail cannot pray a man learned in the Law to be of Counsell but may come and see if his appearance be recorded and it seems that the Father may give of his own money for his Sonne and Heir for he is bound to find him contrary of another Cozine 34 H. 6. fol. 27. B. If one be retained to ride to London and when he comes there to maintain him this is not instifiable but it seems otherwise if he were hired for the iourney that is iustifiable and the same of a Servant 39 H. 6. fol. 6.19 H. 6. fol. 31. Where one hath property in the thing demanded he may maintain by Moyle as goods or writings are delivered to J.S. and Detinue is brought against him by a stranger the Deliverer may maintain and in Precipe quod reddat or Ass against a Farmer the Lessor may maintain 39 H. 6. f. 21. See 9 H. 6. f. 64 the same Where one hath Rent out of Land in Fee and hath the Writings granted unto him by R. the Grantee may maintain R. in Detinue of writings of the same Rent and it seems that a Master may maintain his Servant and a man may maintain his blood and his kindred and give money to the poore and that Maintenance is iustifiable and he in Reversion may maintain his Tenant for life after Attournment and not before and this is seen in giving his own proper money 9 H. 6. f. 64. See 14 H. 7. f. 2. by Reade In attaint it seems that one may aid and maintaine his Cozen in aiding and councelling him at the bar 12 H. 6. f. 2. R. Maintenance in Assise of Fresh force Defendant Justifies for that he was of his aliance and shews how cozen and it seemed good by which the Plaintif saith that he promised ten shillings peice to two of the Jury to passe for him 20 H. 6. f. 1.21 H. 6. f. 19. By Paston a man may maintaine his Kinn and his Allies Maintenance Defendant justifie that the party was his Chapleine â—etained with him and he gave him notice who he should have of his Councell which is the same maintenance and it seems that is no maintenance And for that the Defendant saith that he was at the Barr to aid him and that is a good Justification to say that is the same maintenance 19 H. 6 f 30. In maintenance Defendant cannot plead not-guilty but he ought to answer to the point of the VVrit that is to say he did not maintaine ready to Justifie and others to the contrary 8 H. 6. fol. 36. But by 2 Ed. 4 fol. 16 In maintenance not guilty is pleaded and allowed By Choke if my Brother or Cozen hath a Suit in the Law and praies me to aid him to learned councell and I pray a man to be of his Councell this is a good Plea in maintenance contrary if a stranger do it but if he gives his own Money for his Brother or Cozen this is speciall maintenance 9 Ed. 4. fal 34. In action upon the Statute of Laborers Where Tenant in taile or for life is impleaded he in remainder or Reversion may maintaine and give of his proper Money for safegard of his Interest for he which hath Interest in the land may maintaine to save that 1 Ed. 6. tit 53. Maintenance It is held a difference between action reall where land may come to him and an action personall for he to whom lands may come as by Remainder Reversion Discent and such like may maintaine in action reall And by Brian a man may shew to another who is a man learned in the law for the party to retaine but he may not give Money to the Counsellor and one Neighbour may go with another to seek Councell and a man may maintaine his Servanâ— and give of his wages behinde and otherwise not to give Money but he may lend to him or another Money and and that is no maintenance but he in Reversion or Remainder may give money where the land is in question And the Servant may maintaine his Master as to go and labour for him but he cannot give of his proper money for him And so it seems that he who hath marryed the Daughter of one party may maintain him in an action Reall but not in an Action personall 19 Ed. 4. fol. 3. Br. Upon the Statute of 32 H. 8. chap. 9. That a man shall not buy land unlesse the Seller hath been in possession by a year before it was agreed in Sergeants Inne that if a man Mortgage his Land and redeeme it and he sells it within a yeare after the redemption that he may doe it without danger of the Statute for the Statute is to be intended of pretenced title and not of a cleere title And the ancient Statutes are that none shall maintaine yet one may maintaine his Cozen as above for they are to be intended of unlawfull maintenance that is that unlawfully one cannot maintaine 6 Ed. 6. tit 38. maintenance One skilled in the Law may give evidence for his Fee to the Jury and t is no Imbracery But is Imbracery in another unlesse he be sworn 6 Ed. 4. f. 5. If Precipe be brought against me and hanging that I infeoff J.S. and the Demandant recovers by default after default and I bring Writ of deceit it seems J.S. cannot maintaine for that that the possession which he hath is Champerty and against the Law 8 Ed. 4. fol. 13. Maintenance the Defendant justifies that he is his Neighbour and knew no man skild in the Law and he informed him of one and a good Justification by which the Plaintiff shewed speciall maintenance that is giving Money to the Jurors 12 Edw. 4. fol. 14. See 19 Edw. 4. fol. 3 Maintenance the Defendant may plead that he was a Juror and that is good without saying that he gave Verdict but if after Verdict given the Juror praies Judgment this is maintenance 18 Ed. 4. fol. 2. If a Juror give Money to his Companion to passe this is maintenance notwithstanding that it be for truth But to perswade him to passe is no maintenance 17 Edw. 4. fol. 5. One may be baile and that is no maintenance so that he do not meddle more in the matter 18 Ed 4. fol. 13. Trespas of digging land the Defendant justifies for that that the place where is their Church-yard and that the Inhabitants have used there to be buried and for making grave there justifies and field that all the Inhabitants may maintaine in this action though they were not parties 18 Ed. 4. fol. 2. See before 15 H. 7. fol. 2. That every one that hath lawfull interest may maintaine Maintenance supposing that the Defendant maintained A. in Assise The Defendant saith that A. held of him by which he
Dover is a Tenure in cheif See Littleton 23. See 5 Ed. 4. f. 127. 19 R. 2. Tit. 185. Guard F. Keeper of a Castle in England is Knights Service for it countervailes Escuage and is of the same nature 8 H. 7. fol. 12. If I hold of the King and he grants the same Service to me yet I shall hold of the King for all is held of the King mediately or immediately Magna Charta chap. 20. See there for keeping of a Castle 38 H. 8. Tit. 60. B. Livery where the Heir was in Ward to the King and come to full age there he shall sue Livery out of the Kings hands and the first Seisin is where the Heir is of full age at time of the Death of his Ancestor and where his Tenant holds in Socage in cheif and dies 10 H. 7. f. 23. If one hold of the King to inclose a Park he may by his Grant after reserve for that six Marks and the King is not bound by the Statute of Westminster the third It is held 21 Ed. 3. fol. 41. The King gives the honour of Barkhamsted to the Prince and his Heirs Kings of England and so it seems that Lands held of that Honour seems to be held in cheif yet Magna Charta is that Honour is not properly in cheif 26 H. 8. fol. 10. By Fitzh Lands in the County Palatine of Lancaster held of the Dutchy the King there hath kingly Rights and there Livery shall be sued 17 H. 8. fol. 31. Tenant of the King in cheif makes a Gift in Tail without licence the King may choose the Donee or Donor for his Tenant And if Tenant of the King before the Statute of We m. 3. make a Feoffment the King may choose the Feoffee or Feoffor for his Tenant 4 H. 6. f. 19. 33 H. 8 Tit. 94. B. in the Exchequer 3 Ed. 3. Rot. 2. It was found that a man held of the King in cheif as of his Honour of Raleigh and it was taken no Tenure in cheif but a Tenure of an Honour otherwise it is if the Honour be annexed to the Crown for then the Honour is in cheif And in the year 11 H. 7. The Honour of Raleigh was annexed to the Crown and so it is in cheif But where the King gives Lands to be held of him by Fealty and two pence for all Services that is Socage in cheif for it is of the Kings person and contrary if it were to be held of the Mannour of B. 24 Ed. 3. Tit. 19. He which holds of the King by Service to finde a Man to serve in the War by forty Dayes at his own Charge this is great Serjeanty Tit. 69. Br. That a Tenure to finde one Horse and such like is but small Serjeanty for it is not corporal Service 44 Ed. 3. f. 45. The King gives the Fee-farm of a Town that is such a Rent to be held for term of life and after confirmes to him and to his Heirs to be held by the Services due and this is held Knights Service of the King for the most high and better shall be taken for the King and by Fitzh 263. B. it appears that Rent may be held of the King by Knights Service in cheif as well as Land c. 10 H. 6. f. 12. Rent lies in Tenure of the King 14 H. 6. f. 12. If the King grant Land to me in Fee to be held as freely as the King is in his Crown yet I shall hold of the King and if I alien without licence I shall make Fine for this is vested in the King by his Prerogative and shall not pass out of his Person by general words by Paston in the end of the Case 45 Ed. 3. fol. 6. By Finchden if my Tenant infeoff the King and takes back of the King to hold of the King yet he is my Tenant in right and shall hold of the King also But inquire of the Tenure of me for the Tenure was once extinct by the Kings Possession 29 H. 8. Tit. 61. B. If the King purchase a Mannour which J. S. holds the Tenant shall hold as he held before and he shall not render Livery nor first Seisin and he shall not hold in cheif and it is said if the King grant the Mannour to W. N. in Fee except the Services of J.S. Now J.S. holds of the King as of the Person of the King and yet he doth not hold in cheif but as he held before for the act of the King shall not prejudice the Tenant 31 H. 8. Tit. 70. B. Lord and Tenant the Tenant is attaint of Treason by Act of Parliament and so forfeits all his Lands and after is pardoned and restored by another Act of Parliament to have to him and his Heirs as if no such Attainder or former Act had been now he shall hold of a common person as before and yet once the Tenure was extinct 3 H. 3. Tit. 94. B. Where the King gives Lands to be held of him by Fealty and twelve pence for all Services this is Socage in cheif for it is of the Kings person 23 H. 3. Tit. 148. Guard F. If a man holds of the King to go with him in the Army against Scotland in the Vanguard and in his Return in the Rereward and so if he hold to give to the King Hornegild which is said Cornage it is great Serjeanty 38 H. 8. Tit. Livery 60. The Heir of him which holds of the King in cheif in Socage shall not pay first Seisin to the King for all his Lands but onely for those Lands held in Socage in cheif contrary of him which holds in Knights Service in cheif and where he holds in Socage in cheif the other Lord shall have Ouster le main with Issues 2 Ed. 4. fol. 6. Land is given in Tail to be held of the cheif Lords these words to be held c. are void and he shall hold of the Giver Where there is Lord and Tenant if the Tenant be disseised and the Disseisor dieth seised and his Heir is in by Discent the Lord ought to advow upon him but if there be Lord and Tenant and the Tenant infcoffs another which doth not give notice to the Lord now the Lord during the life of the Feoffor may take him for his Tenant or the Feoffee at his pleasure 4 H. 6. f. 19. 3. Book of Assise 8. Lands is given in Tail without saying of whom to hold the Donee shall hold of the Giver and if a man before the Statute of Quia Emptores give in Fee without saying of whom to hold the Feoffee shall hold of the Feoffor Littleton f. 5. 16 Ed. 3. Statham fol. 23. If Lands be given in Tail to be held of the Lord this to be held is void and the Lord ought to avow upon the Feoffor 5 H. 7. fol. 35. Mesnalty lies in Tenure by a Mesne contrary of an Advowson appendant 1 H. 4. f. 1. the same 33 H. 6. f. 34.
which abjured and for which he is hanged and for that it is said if one rise against the King and is slain that he shall not forfeit his Lands untill he be afterwards attaint by Parliament as in use 7 H. 4. fol. 33. the same 7 H. 4. fol. 48. See Stamford fol. 49. The King shall have yeare day and Waste and Chattells forfeited Fitzh 144. It seemeth that the King shall have yeare day and waste where one is convict of Felony and that is the next yeares profits for if one taketh the profits that yeare and day the Lord shall have a Writt to the Sheriff to deliver him possession and he which hath taken the profits shall answer to the King for that Fitzh 144. N. The King shall have the escheat of Tenements in Cities and Borroughs which are held of him in fee farme Fitzh 6. b. The King as it appeares by the Register shall have a Writ of escheate returned into the Kings Bench for the King may sue in what Court he will 31. Ed. 1. tit discent 17. f. If the Son and Heire of A. be Outlawed in the time of his Father of Felony and after he purchase his Charter of pardon in the life time of his Father and after the Father dies he shall not have the Lands descended from his Father but the Lord of whom they are held by escheate 9 H. 5. fol. 9. the same 1. Ed. 1. tit discent 15. the blood is corrupt which cannot take by discent 26. Of the booke of Assises 2. If the Son be attainted of Felony in the Life time of his Father and hanged his Sister shall have the Land by descent from the Father and it shall not escheate 46. Ed. 3. tit discent 6. If the Father have a Son and a Daughter and the Son be attaint of Felony in the life time of his Father and dieth there the Daughter shall have the Land and if he survive the father then the Lord by escheate 8 Ed. 1. tit Assise 421.49 book of Ass 4. 3. booke Assise Where the Tenant grants a rent-charge out of his Land and after that escheates the Lord shall hold this charged but otherwise it is where a Tenant which holds of the King chargeth and dieth without Heire 4 Ed. 4. fol. 2. If that be found by Office yet it cannot be Natura brevium 103. In a Writ of Escheat it is no Plea that he died not seised but it is a good Plea that he did not dy his Tenant Fithz 144. C If the Tenant be disseised and after dieth without Heire it seemeth the Lord shall have a Writ of Esch eate for that that his Tenant died in his Homage 2 H. 4. fol. ninth the same Fitzh 144. If a man be beheaded for Felony or dy after Judgment before he be put in execution by the Officer yet the Writ shall say for which he was hanged Na Bre fol. 104. the same 11 H. 4. fol. 16. One may have escheate and ward before he be seised of the services Littleton 106. if a Signiory be granted by fine See 2 and 3 Ed. 6. chap. 8. Where one hath a Rent c. The King is intitled to the Land by attainder and that is not found in the Office yet he himself shall have his Rent by the Statute And it is to see now where a forfeiture shall be of Goods onely and not of Lands and where not ONe indicted that he killeth one in defending himself by Fairefax he shall be arraigned and shall loose his Goods 21 Ed. 3. fol. 18. and shall not forfeit his Lands 4. H. 7. fol. 2. fol. 18. Where one killeth one in defending himselfe or by mischance he shall forfeit his Goods and not his Lands Stamford fol. 45. If one kill another by misfortune he shall forfeit his Coods and it behoveth that he have his pardon of grace Stamford fol. 185. the same 26 H. 6. fol. 6. the same and he shall not forfeit his Lands 2. H. 4. fol. 20. One arraigned pleads not guilty and it was found that the dead struck the other to the ground and for haste fell upon the blade of him that lay upon the ground he lying upon the ground shall not forfeit his Goods but if it were found that he kils him in defending himself it is otherwise 44 Ed. 3. fol. 44. 49. Ed. 3. fol. 5. Where a man is indebted to a man attainted by specialty the King shall have it contrarily if it be without specialty for the Debtor may wage his Law against him which is attainted contrary against the King but in the Exchequer it was held that debt to be forfeit to the King 16. Ed. 4. fol. 4. A man cannot wage his Law against the King 50. Ed. 3. fol. 1. Stamford 183. See forfeiture upon he made his flight and fol. 184. upon an Exigent awarded and fol. 185. upon a Clerk convict and fol. 187. of Lands and of a thing in action and so further of Forfeiture Clerke convict shall forfeit all his Goods but not his Lands but the Clerke attaint shall forfeit his Lands 40 Ed. 3. fol. 42. Fitzh fol. 66. yeare 20 Ed. 4. fol. 5. Clerke convict shall forfeit his Goods notwithstanding that after he makes his purgation which now is not made by the Statute of 18. Eliz. chap. 7. And then he shall forfeit the Issues of his Lands till he hath made his purgation 8. Ed. 2. Forfeiture 34. and Stamford fol. 185. A Clerk convict is not out of the Law as an Alien is for his Heire shall inherit his Lands after his death 3. H. 7. fol. 12 and 21. H. 7. fol. 31. A Woman out of her wits killeth her Husband she shall forfeit nothing Stamford fol. 45. Where a man distracted kill one he shall forfeit nothing 3. Ed. 3. forfeiture 25. Executors Outlawed shall not forfeit the Goods which they have as Executors nor by attainder of Felony 32 H. 6. fol. 34. By award of Exigent in Felony though he be acquitted afterwards his Goods are forfeited 44 Ed. 3 fol. 17 and Stamford fol. 184. D 22 booke of Assises 81. By award of Exigent Goods and Profits of his Lands are forfeited if the Exigent be not erroniously awarded Stamford fol. 47. If one be indicted upon the view of the body before the Coroner of death all his goods are forfeited though that he be acquit afterwards Stamford fol. 45. See 5. H. 4. 13. H. 4. fol. 15. If a man be convict of Heresie and be delivered to the Lay power his Goods are forfeited though that he be not put in execution but his Lands he shall not forfeit unlesse he be put to death Doctor and Student fol. 14. One killeth himself he shall forfeit his Goods and not his Lands 3 Ed. 3. Tit. Coron 201. 8. Ed. 2. Tit. Corone 420. The Goods of them which hang themselves are confiscate 8. Ed. 4. fol. 4. One put to his penance shall not forfeit his Lands but Goods 14. Ed. 4. fol. 7. For
petty The every one shall forfeit his Goods but not his Lands at this day 8. Ed. 2. Coron 406. 22. Book of Assises 41. the same 27. H. 8. fol. 27. If Tenant in Tail be attaint of Felony or Treason he shall forfeit his Goods but his Issue shall have his Lands but by the Statute of 5 6. of Ed. 6. chap. 11. For high Treason Tenant in Tail shall forfeit his Lands 7. H. 4. fol. 33. By Outlary in Debt or Trespasse the outlawed shall forfeit his Goods but not his Lands but the King shall have onely the profit of his Lands 21. H. 7. fol. 7. Yet the party outlawed may make a Feoffment and it is good 9. H. 6. fol. 52. verbatim One killeth a man and flies therefore his Goods are presently confiscated and see Stamford fol. 183. Upon a making flight found though afterwards he be acquited he shall forfeit his Goods 8. Ed. 2. Coron 390. If an accessary before the Felony fly he shall forfeit his Goods but otherwise of him that is accessary after the Felony Stamford fol. 47. the same 4. H. 7. fol. 19. VVhere in arrest for Felony one is slain in flying the arrest he which is slain shall forfeit his Goods and yet he was not attaint Stamford fol. 46. Lands which a man attaint hath at the day of the Felony done are forfeited but no Goods but those which he hath at the time of the Judgement By an Outlary in Felony he shall forfeit his Chattels but if one give them before the exigent they are not forfeited 47. Ed. 3. fol. 24. A man attainted for Felony shall forfeit his Lands which he hath at the day of the Felony done otherways it is of his Goods for if he sell them before the attainder the sale is good but note that they are not given by Covin to defraud the Queen for then the Gift is not good as I intend 33 Ed. 3. Tit. 30. To the Goods of one attaint it shall have relation but to the Judgement and Conveyance of them before is good by Perkins fol. 6. If one commit Felony and is attaint and in the mean time betwixt the Felony made and the attainder he departs with his Goods this Gift is good Stamford fol. 48. the same Stamford fol. 192. The Town where the Goods of Felons and Fugitives are shall answer for them always and the Sheriff may seise the Goods but not carry them away till he be attainted for he shall have them to live upon Stamford fol. 47. And that no Sheriff Rastal forfeiture 14. Bailiff of a Franchise nor other person ought to take or seise Goods of any person arrested and imprisoned before the same person be convict or attaint of Felony according to the Laws or that the same Goods be otherways forfeited upon pain of double value to the party greived and note who is the party greived and that is they in Prison and not out but he cannot seise his Land 1 R. 3. chap. 3. By Hull where a man is indicted of Felony his Goods shall not be removed out of his house before he be attainted for he shall live of his Goods 7. H. 4. fol. 48. Officer ought not to seise Chattels of a Felon before attainder but to sequester them that they shall not be stolen and to make the party finde Surety that they shall not be conveyed away and if he do not to put them into the hands of neighbours to keep 43 Ed. 3. fol. 24. See Stamford 192. for the time of Forfeiture Relation Now for that that diverse Lords of Leets have diverse Liberties and Prâ—viledges and some are by the Kings Grant and some by Prescription let us see what Liberties and things the Lord may have by the Kings Grant and what not and what Liberties and things he may have by Prescription only but not without shewing a Charter and what he may and then who shall have without shewing allowance and who not THe Lord cannot have the Goods of Felons but by Charter and Grant of the King and not by prescription but the Lord may have weif and stray by prescription 21 H. 7. fol. 32. One cannot prescribe to have the Goods of Felons and Fugitives and to have that by prescription without shewing a Charter but to have weif and stray and wreck of the sea he may have by prescription onely 9. H. 7. fol. 20. Abridg. Assises fol. 78. 2 Ed. 3. Fitzh Coron 241. One may have in fangtheef that is to say to have Theives taken within his Lordship to be adjudged in the Lords Court and also out fangtheef that is to say Theives of your own Land to be adjudged in your Court by prescription 46. Ed. 3. fol. 16. A man cannot have the Goods of Outlaws unless it be by Charter Abridgement of the Book of Assises fol. 78. Your Lord may prescribe to hold plea and to have that by prescription onely but you cannot prescribe to have Conusance of plea by prescription onely without shewing the Charter of the King 9 H. 7. fol. 10. One may prescribe to have a Park and a Leet and that by prescription onely and may have that without shewing allowance in Eire 1. H. 4. fol. 5. A man cannot have the Chattels of Fugitives without the Charter of the King for it is a thing of the Kings Prerogative 46. Ed. 3. fol. 16. The Abbot of Westminster prescribes to have Sanctuary for Felony and Treason and to hold pleas and could not without shewing a Charter dated before memory to prove the beginning of that and for that that this is against common right he ought also to shew allowance of that after the time of memory but he may have weif and stray and view of Frank-pledge by prescription onely and without shewing allowance but otherwise it is to have the Goods of Felons and Fugitives 2. Ed. 4. fol. 21 22. Note that the things that you may have onely by prescription of common right you shall have without shewing allowance and the other things not without shewing allowance The allowance which you ought to shew shall be that which was allowed in the Kings Bench or in Eire and not in the Common Bench. Ancient grant of the King shall be taken as it hath been allowed as the King hath granted to one his royall Rights and the King is concluded by the allowance in a Quo Warranto in the Kings Bench and not in the Common Bench 10. H. 7. fol. 13 14. Charter of H. 2. dated before memory and allowance of that shewed after memory in the Common Bench it is not good at this day unless it be in Eire 21. H. 7. fol. 29. The Kings Bench is Eire and more then Eire for if the Kings Bench cometh into the County where the Commission in Eire is that shall cease 27. Assise 1. Grant of the King Where the King hath granted to you by his Charter the Goods of Felons and Fugitives what things pass by this
preserved and you shall live in quiet and hold your Goods Lands and Lives in peace and quietnesse and you shall be accounted after this life among the Saints of God and shall have life eternall and over that observe you that I may by the Law charge another Jury immediately to inquire of your concealments and perjuries and that you shall finde by putting great Fines and Amerciaments upon you and imprisoning your bodies And to conclude first now if you remember your duties to God as I have said that will move you to keep your Oathes and the love that you owe to the Common-wealth with consideration of your selves wives sonnes and posterity and the fear of God and regard of honesty and all these well considered then you will present justly and truly the things which I shall give to you in Charge and I make an end and the Articles of your Charge follow Then followeth the Charge in Court Baron The Charge in Court Baron FIrst you ought to inquire of all persons which owe Suit to this Court and who make default and present their names and you ought to note that all such persons which hold any Land of the Lord by Suit of Court in what place they dwell and of what age he is that should make Suit to the Court or otherwise he ought to be amerced and Amerciament is by custome for by the Common-Law they shall be distrained and that is called Suit-service and that is by reason of the Tenure and if any such person which oweth Suit to the Lord be in Ward to the King neverthelesse he may be amerced for not making Suit to the Court of the Lord but the Lord cannot destraine for this Amerciament during his Wardship yet after Livery the Lord may destraine for the whole Amerciament And if there be two Coparceners Coparceners Joynt-Tenants for which one Suit ought to be made the eldest sister ought to make the Suit onely and the other shall be contributary Fitzh 159. B. And so it is of Joyn-Tenants the Suit may be made by agreement by one and the other shall be contributary by Marleb chap. 9. but if one holds twenty acres by Suit of Court and alien that to twenty severall persons by the Statute of Quia emptores terrarum every one shall make Suit severally 2. Rastal Suit 1. Also if any Tenant be dead after the last Court or before and his death not presented you ought to inquire what Lands he holds of this Mannour and if they were held by Knights service Ward Releif Soccage or by Copy and what advantage the Lord shall have by his death Scilicet Wardship Marriage Releif Escheate or other Profits and who is his next Heire and of what age and in whose custody he is 3. Also if any Tenant which holds by Knights Service alien his Land by collusion to defeat the Lord of his Ward and other Profits it is inquirable 4. Also if any Tenant which holds by Knights service be disseised and dieth disseised his Heire within age the Lord shall have him in Ward and if any Tenant which holdeth by Knight-Service die his Heire male within age of 21. years the Lord shall have the Land in Ward till the age of 21 years and also his Marriage unlesse he be married Littleton fol. 19. 5. If the Father which holds in Knights Service marry his daughter within age to a husband of full age and dies the Lord shall not have the Wardship of the Land and if she were of full age the Lord shall not have the Wardship of the Land but if she were within age and marry to a husband within age the Lord shall have the Land in Ward till the age of 14. years Natura brevium fol. 98. But if such Tenant die his heire female being of the age of 14. years or more and not married she shall not be in Ward nor her Land but if she were within age of 14. years and not married she shall be in Ward of Body and Land till the age of 16. years and if she were married in the life of her father within the age of 14. years her land shall be in Ward till the age of 14. years and no more Littleton fol. 19. 6. And you ought to note that there is Knights Service of a common person that is where one holds of his Lord by Homage Fealty and Escuage that is to say when it is assessed to more more and when to lesse lesse Littleton fol. 19. and where one holdeth by keeping a Castle or by blowing a Horn that is Knights service 7. And Soccage Tenure is where one holds by Homage and Fealty or by Fealty and Rent or by Homage Fealty Rent and by Suit of Court for all manner of Services or in Burgage and if such Tenant die his issue within age of 14. years then the next freind of the heire to whom the inheritance cannot descend shall have the Ward of the Land and of the Heir till 14. years and then give an account to the Heir of the profits taken but this Gardian shall have his reasonable allowance for his costs and expences Littleton fol. 22. See Natura Brevium fol. 97. 8. Releife by Soccage is as much as the cheif Rent is by the yeare which he payes to his Lord and this is due forthwith after the death of his Tenant in Soccage so that the Heire be past his age of 14. yeares Littleton fol. 24. 9. And if Land be held by Knight Service and his Tenant dies his Heire of full age the Releif is due to the Lord and if he hold by an intire Fee of a Knight the Releife is one hundred shillings and if he hold by the halfe of a Fee fifty shillings and so according to the rate Littleton fol. 21. and all these profits are inquirable 10. Also if any Rent Custome Rent not paid or Service be withdrawne which ought of right to be made by whom it is with-drawne and what Custome and Service it is and in what Bailiffs time it was with-drawne and where the land is that the Lord may distrain for the Arrearages and what Rent that is and how many years it hath been with-drawn 11. Lands concealed Also if any Land of the Lord be withdrawne or used by any without license of the Lord by whom it is and how much Land hath been so used and of what value by the yeare that is is inquirable 12. Also if any Villaine of the Lord be and what Goods Villaine Chattels and Lands he hath what estate he hath in them that the Lord may seise them and what other things he hath And if any Villaine withdraw his Goods out of the Lordship without license of the Lord or if a free man marry a Villain woman without the license of the Lord it is inquirable Note If a Villaine purchase Lands and doe not alien them before the Lord enter into them the Lord shall have them
Otherwise it is if the Villaine alien them before the entry of the Lord the same Law is of Goods Litt. fol. 33. â—but the Lord cannot seise the Goods which a Villain hath as Executor Litt. fol. 35. If a Villain be made a Chaplaine Secular the Lord may seise him as his Villaine and his Goods but otherwise it is if he enters in Religion Or if a Free man espouse a Villaine Woman without the license of the Lord or by that this is inquirable If a Villain dwell in ancient Demesne of the King which is in the Kings hands and hath dwelt there by a yeare and a day the Lord cannot seise him nor shall have a Writ of Nativo habendo so long as he dwelleth there But if the Lord claime him within the yeare that hee cometh into ancient Demesne and so makes his claime within every yeare and 〈◊〉 day then the Villain shall not take advantage by his being there and if the Villaine dwell in another Mannor of ancient Demesne which is in possession of another then the King the Lord may seise him Fitzh fol. 79. a. and from thence-going that the Lord may make his claime if he goe in ancient Demesne is inquirable Also if any of the Tenants of the Lord be dead without Heire generall or speciall Escheat then the Lord shall have his Lands by Escheat or if any Tenant seised in Fee be attaint of Felony by Outlawry Verdict or otherwise the King shall have yeare day and waste and after the Lord by Escheat and is inquirable Or if a Bastard purchase Land and dye without issue of his body the Lord shall have his Land by Escheat And note That none shall have Lands of Fee-simple as heire to any man unlesse he be heire of the whole blood Littleton fol. 2. And if the Tenant be disseised and dyes without heire the Lord shall have the Escheat 14. Common Also if any which hath no Common without number charge the Common with more Beasts then he ought to doc according to the quantity of his Land or if he which hath Common appendant not Common appurtenant put into the Common Beasts which are not commonable as Hogs Goats and Geese or if any digg in the Common unlesse it be for Gravell for the high waies and fill it againe or maketh other trespasse in the Common or use the Common in any other manner without the license of the Lord but to take his Common with the mouth of his Beasts or if any digg Turffs or make other trespasse upon the waste or build any house or make inclosure of any part of it it is inquirable 15. Also if any Tenant within this Mannour Rechasing which hath two Farmes one of them within this Mannour the other within another Mannor and at the time when the Feilds and Meadows within this Mannour are layd open he brings his Beasts within this Mannor which he hath kept upon the Farme of another Mannor and by this surchargeth the Tenants within this Mannor this chasing and rechasing is inquirable 16. Mortmaine Also if any Tenant of this Mannor hath aliened any of his Lands in Mortmaine that is to a Religious house or to a Bishop Parson Vicar and to their Successors or to any other Corporation where that shall go in succession that is to say To them and their Successors without the license of the King and the Lord of the Mannor it is inquirable That the Lord may make his claime within a yeare according to the Statute Note That by the Statute of Religiosis the Lord may enter within one yeare after the alienation and if the cheife Lord immediate be negligent and doe not enter upon this Fee within a yeare then it is lawfull to the next Lord of that Fee within the halfe yeare following to enter and at the last the King And if any make a Feoffment to one to the use of a House of Religion or to the use of a Company or Brother-hood this is Mortmaine The same Law is where one exchanges with a Corporation that is Mortmaine also if any religious person hold of any man by Rent-service and the Lord releases to him this is Mortmaine 17. Who is Tenant Also if any Tenant by Charter alien his Land and hath not given notice of that to the Lord and the Alienee hath not made fealty to the Lord nor Suit of Court that the Lord may have knowledge who is his Tenant it is presentable for that he may know upon whom to make his avowry and of whom to have his Services and Escheats 18. Waste Also if any Termor for years or for life of any parcell of the Demesnes of the Mannor hath made waste in any House Lands Woods or Gardens you shall present that or if any holds two Tenements and hath wasted one as if he remove Trees from one to the other that is waste 19. Trespasse Also if any Trespasse be made in any Demesnes of the Lord that is to say In the Corn Grasse Meadowes Pastures Wood Hedges Waters or if any Fish within his Rivers or Waters or if any Hauk or Hunt within the Demesnes of the Lord without his license or within his Warren these are presentable 20. Trespasse Also if any take any Hony or swarms of Bees within the Demesnes of the Lord or take any Haukes or Aeiry of Haukes these are inquirable 21. Also if any Bailiff or Officer make any arrest for Rent Rescous Custome or Service due to the Lord and Rescous to him is made you ought to present the name of him which made the Rescous and where and when it was 22. Pound breach Also if any distresse be put in the pound of the Lord and be taken out without authority of Law this is a Pound-breach and is inquirable 23. Removeing meer-stones Also if any remove or take away any meerstones or stakes between this Lordship and another or between Tenant and Tenant you ought to present that 24. Encroch Also if any hath incroached any of the Lands of the Lord scilicet Land Meadow Pasture Wood Furse Moore or any other vacant Land without the Lords license by burning his Hedges Pale or otherwise that is inquirable Note that all the void Land and Waste within the Mannor is to the Lord of the Mannor 25. Also if any within this Mannor Husbandry suffer any House of Husbandry with which was occupied twenty Acres of Land to decay and to take from it any Land the Lord of whom this is held Rast Husb. 1. and 6. shal have the halfe of the profits of this to his owne proper use till that be maintained again for Husbandry 4 H. 7. chap. 19. and 5 Eliz. chap. 2. and that for the benefit of the Lord is inquirable 26. Also if any Tenant hath inclosed any Land Common and keeps that in severalty which was wont to lye open without the license of the Lord and
condition for default of payment to re-enter and after I grant the Reversion and the first tenant attorns this is not good for he hath nothing at the time of the Grant of the Reversion 8 H. 5. fol. 10. A man lets his Mannor for life and after grants the Reversion of that to another if the tenant for life attorne it is good and all the services of all the Free-holders of the Mannour shall passe without other attornement 21 Ed. 3. fol. 34. Payment of Rent is good attornement 49 Ed. 3. fol. 15. Payment of Rent in name of Seisin is agreement and Seisin 40 Ed. 3. fol. 34. Where they are compellable to attorne and where not and what Tenants are compellable to attorne and what not WHere a Reversion or a Mannour is granted unlesse it be by Fine there lies no Quid juris clamat to compell the tenant to attorne but upon a Grant by Fine and not upon a Grant of Reversion by Deed Nat. brevium fol. 170. If a man alien his Mannour he need not that the tenants at will attorne and the same seems of tenants by Copy of Court-roll Br. Tit. 44. Littleton fol. 125. By Seisin by the hands of the tenant at will the Lord by that cannot avow 8 H. 6. fol. 65. Tenant for life grants his estate to J.S. upon condition and after the reversion is granted by fine and the first Tenant for life attorns it is not good and he is not compellable to attorn but J.S. 8. H. 5. fol. 10. If I let for life and after grant the reversion by fine and after Tenant for life grants over his estate to J.S. yet after attorns it is good for he was compellable to attorn and not J.S. 18. Ed. 4. f. 10. and 21 H. 6. fol. 61. If Tenant in Dower grant over her estate to J.S. and after the reversion is granted by fine she is compellable to attorn and not J.S. 10. H. 4. fol. 10.1 H. 4. fol. 18. the same If Tenant by the Curtesie grant over his estate and after the reversion is granted by fine Tenant by the Curtesie is compellable to attorn 18. Ed. 3. fol. 3. He which was Tenant day of the fine levyed though he hath granted over his estate is compellable to attorn 18. Ed. 4. fol. 10. Also 18. H. 6. fol. 25 and 21. H. 6. fol. 6. the same After a fine ingrossed and that delivered the Tenant is not compellable to attorn for a Quid juris clamat lieth against him Fitzh fol. 147. and 11. Ed. 3. Statham If I give lands in tail reserving rent and I grant that rent by fine the Tenant shall be charged to attorn otherwise it is if I grant the reversion for there he is not compellable to attorn 5. H. 5. Statham Where any person is not cempellable to attorn and yet attorns and their attornement good and where not TEnant after possibility of issue extinct is not compellable to attorn and yet if he attorn it is good 43 Ed. 3. fol. 15.46 Ed. 3. fol. 13. If Tenant in tail attorn it is good and yet he is not compellable to attorn 3. Ed. 4. fol. 11. If Donor grant the reversion of Tenant in tail to another in fee if the Donee attorn gratis it is good and yet he is not compellable 12. Ed. 4. fol. 3. If a Lordship or Mannor be granted by fine and after the Tenant which hold of that makes a feoffment or is disseised if the feoffâ—e or disseisor attorn it is good and yet they are not compellable to attorn 18. Ed. 4. fol. 10. If a man lets for 10 years and the same lessee lets for four years attornement of the second lessee is good and yet he is not compellable to attorn and clear is attornement of the first for he ought to attorn 28. H. 8. tit feoffments 68. If I let for life and grant the reversion by fine and after the grant and before attornement the Tenant for life lets over his estate to J.S. and he attorn gratis it is good and yet he is not compellable to attorne 21 H. 6. f. 54. and 20. Ed. 3. Brook Tit. 24. Fine is levied of a Lordship and before attornement the Tenant makes a feoffment and after the feoffee attorns this is good and yet he was not compellable to attorn but his feoffor was compellable 18. Ed. 4. fol. 10. Now let us see that the grantee by fine without attornement cannot have action nor avow for rent which is in lieu of action nor have wast but may have all other things as entry for forfeiture and have escheat and things in seisin and take and have aid WHere a reversion is granted by fine the right passeth and for that Tenant for life shall have aid though he make no attornement 12 E. 4. f. 3.37 H. 6 fol. 5. the same 35. H. 6. fol. 5. Where a Mannor is granted by fine and Tenants do not attorn the Lord cannot distrain for rent but shall have escheat of them 10 H. 6. fol. 17.34 H. 6. fol. 7. the same 20. H. 6. fol. 7. The Lord grants his Lordship by fine the grantee shall have such things which lie in taking as ward but he cannot avow for rent Natura brevium fol. 172. Grantee by fine of a Lordship cannot distrain but shall have escheat and ward though there be no attornement But if Tenant for life alien in fee he may enter for forfeiture Tit. fol. 130. B. p. 131. A. Wast before attornement is dispunishable but the grantee may enter for forfeiture or seisure but shall not have wast before attornement 48 Ed. 3. fol. 15. and 34. H. 6. fol. 7. the same Note that one cannot have an action without attornement though the grant be by Fine Attorney in Court Baron THey that have tenements in divers Counties and fear to be impleaded in a County or in a Court Baron may make a generall Attorney to prosecute for them in all Pleas Westin 2. chap. 10. It is likewise provided that every free man which oweth suite to the County Court tything hundred or to the Court of his Lord freely may make his Attorney to follow his suits for him so it appears that a Copi-holder cannot so do but by assent of the Lord he may compound to pay a certainty yearly to release his suit and that which he holdeth he may freely by the Statute and it seems that the making of an Attorney ought to be by writing sealed and not by word Merton chap. 10. A Writ of making an Attorney or receiving lieth in Court Baron to make the Attorney to make suit Fitzh 175. B. there lieth an Alias pluries and an attachment if he be not allowed but Copi-holder shall not have that writ Fitgh 156. D. One may make an Attorney to make suit personall which is in a hundred or other Court Baron but for suit Reall at the Leet or turn of the Sheriff he shall not make that by an Attorney Fitzherbart 25. C. What
furrender and shall not be avoided by the Disseisees nor otherwise by him which surrender nor by his Heire In pleading of a copy is that the Lord by such a one his Steward did demise and not that the Lord did demise and also that a Woman be alone and privately examined by the Steward and it behoveth in pleading to say by such a Steward and name the name of the Steward and for that it is good order to expresse in the copy and the Court-roll that to this Court came J. S. and Alice his Wife she alone and privately being examined by J. K. the Steward there and to set the name of the Steward to every copy and also to every Court-roll for pleading in divers cases 〈◊〉 the Lord by J. K. his Steward granted him Seisin by a Rod c. 8 H. 5. fol. 4. and 10 Ed. 4. f. 6. Limitation THE Statute of 32 H. 8. chap. 2. extends to copy-holds for the Statute is that none shall make prescription Title nor claim c. above forty yeares c. and that doth a copy-holder and for that is within the Statute 6 Ed 6. Brook Limitation 2. 38 H. 8. chap. 1. Copy-holder which is Tenant in common is not compellable by this Statute to make partition for the Statute gives remedy for one Tenant in common against another by a Writ of making partition and it seems that a Copy-holder is not within the Statute of 27 H. 8. chap. 10. of Joynture of Women for that Statute bars Women which have Joyntures before Marriage to have Dower that is of Lands given in Dower by the Law and not by custome Where a copy-holder by the custome may surrender his Land out of the Court into the hands of the Lord by the hands of two copy-holders or one to the use of J.S. and a copy-holder so makes surrender to two and one dies or both dye before the next Court and yet Homage findes it this is good surrender and J. S. shall be admitted Tenant by copy of Lands of the nature of Gavell-kinde hath Issue two Sons his eldest Son hath Issue a Son and dies seised this Land shall descend to the youngest Son and to his Nephew the same Law is if the Son have Issue a Daughter and dies seised this Daughter and the youngest Son shall have this Land by discent and yet the Statute of Prerog Regis chap. 16. is that Women shall not share with Men. Tenant by copy surrenders to the use of one for life the remainder to the use of one most neere in blood and hath Issue two Sons the eldest hath Issue and dies the Tenant for life dies the youngest Brother shal have the Land and not the Issue of the eldest Brother for the youngest Brother is more neere of blood to his Father then is the â—on of his eldest Son by wich 30 Ass 47. but the youngest Son is not next Heire Where the copy-hold is of the nature of Borrough English and this copy-holder having three Sons surrenders this to the use of his youngest Son in taile the remainder to the use of the Heires of the Body of the Father ingendred and for default of such Issue to the use of the right Heirs of the Father and the youngest Son dies without Issue of his Body it is said that the eldest Brother shall have this as Purchasor Two Joyntenants of one copy-hold are and one surrenders his part to his companion for life this is a severance of the Joynture Lit f. 56. Where the custome of a Mannour is that the youngest Son shall inherit by discent the copy-hold and A. being a Villaine purchase copy-hold there and the Lord seises them and grants them out of his hands by copy the yâ—â—ngest Son of the Grantee shall have this by discent If the tenant by copy of Court-roll hath paid to his Lord more Rent then he ought and the Lord of that Surplusage of Rent was seised by the hands of his tenant yet the tenant shall avoid that in Avowry for he is but tenant at will by the course of the common Law otherwise it is of very tenant of charter land Where a copy-holder in Fee surrenders into the hands of the Lord to the use of J. S. without more all is in the hands of the Lord and the Steward admits J. S. to have and to hold to him and his heirs yet J. S. hath an Estate in Fee and yet the admittance is but allowance of J. S. to be tenant of such Estate which is surrendred but the use is in most courts to enter that it was surrendred to the use of J. S. without more and the Steward enters that the Lord hath granted to him Seisin to have to him and his heirs and taken good but it is better when one surrenders into the hands of the Lord to say and enter to the use and behoof of J. S. for life or to the use and behoof of J. S. and his heirs so that by to the use and behoof the Estate is limited that J. S. shall have it and that makes the admittance accordingly to be good without doubt and yet the other is good for by the surrender all the interest is in the Lord. If the Homagers gives false Verdict in the court of copy-hold the party shall not be bound but he shall traverse that but if such a Verdict be found for the Lord though the Verdict be false yet the party cannot traverse that there but is put to his Petition touching his land or to sue in the Chancery for if the Verdict finde false that waste was made in the Tenements of the Grand-father the Son of the Father shall loose after his land for that it is a forfeiture which runs with the land but seek for it is made by the person of the Father and the Son hath no remedy if the Verdict be true but if the Verdict be false then his remedy is by Petition and by no other remedy in this Court If Tenant by copy makes a Lease for years by license of the Lord and after in the same Court the Tenant will release to his Lessee by such words to remise and release such release seems void for that that it ought to be a Surrender into the hands of the Lord c. as he hath surrendred and released c. Use may be of Copy-holds as well as of Free-hold but the Statute of 27 H. 8. for uniting the possession to the use doth not extend to such tenures Nor he to whose use cannot forfeit the Land by cutting Trees if it were not by the consent and commandement of the Copy-holder If the Lord let severall Copies for one intire Rent and service and the Tenant makes waste in any parcell of them and that be presented in his Court he shall seise all the Copy as it was intirely let A Rent of a Copy-holder may be apportioned as well as another Rent Tenant by copy of Court-Roll in the Court sold
doth not deny his Service it shall be amerced and is no Forfeiture the same Law if his Rent be behinde and he doth not deny to pay it that is no Forfeiture but the Lord may distrain but by Littleton fol. 51. If the Tenant upon demand be not ready to pay Rent Seck or if the Tenant nor none for him be dwelling upon the Land to pay the Rent Seck when it is demanded this denying is Disseisin yet in the case aforesaid I conceive that where a copy-holder makes Default and doth not deny his Services or is not upon the Land ready to pay upon demand this is no deniall which shall make a Forfeiture for Forfeitures are not favoured in Law but to be taken strictly according to the words and that is to be intended upon denying in deed by the Tenant 42 Ed. 3. fol. 25. And it seems that the Lord cannot enter for forfeiture before that that be found by Homage but if a Copy-holder alien by Charter or commits Felony or Treason and be attaint these are Forfeitures without Presentment and the Lords may enter for these are notorious and apparent to be against the Custome but otherwise it seems where a Copy-holder makes waste 12. Eliz. It was said that if a copy-holder will not be sworn of a Juryâ— or alien and make copy-hold Free-hold this is forfeiture for that that the Lord may enter without presentment but for negligent acts as for not doing of service or Suite of Court the Lord cannot seise without presentment by the Homagers and then agree if an Infant do not come within a yeare and day after Proclamation made yet he hath not forfeited his copy-hold and this case was between Hautree and his copy-holder If copy-holder lets by Indenture which is forfeiture and after surrenders to the use of J. S. and he is admitted in the Lord after shall not take advantage of forfeiture for the Homage are not to inquire of any forfeiture but of forfeiture made by the Tenants and he which commits the forfeiture is not now Tenant and admittance to pay his Fine is agreement of the Lord that he admitted shall have that according to the custome that is to say he doing his services shall have that to him and his Heires according to the custome of the Mannour It is said that a copy-holder cannot alien by Deed for if he do so the Lord may enter for forfeiture and so it is the like if he alien without Deed in such manner that the Land may passe as if he lets for life without Deed and makes livery the Lord may enter but if he do not make Livery otherwise it is the same Law it is if a copy-holder bargain and sell his Land by Indenture and do not inroll it nothing passeth by this bargain and for that it is no forfeiture Lit. f. 14. If Tenant by copy of Court-Roll make a feoffment the Lord may enter for forfeiture but this is to be intended if he make a feoffment and makes Livery it is a forfeiture but if he make no Livery the Feoffee is but Tenant at will and it is no forfeiture 11 H. 4. fol. 161. Challenge For that that you try Issues joyned in Court-Baron by assent by inquest of the Homage as you may and not by wager of Law as it is and also in triall of Copy-holds shall be by Oath of the Jury and also for that some Challenges are principals and some are but for favour first let us see what is a principal Challenge PRincipall Challenge is said where it is evident favour as kindred 21 Ed. 4. fol. 11. and 63. Juror is of aliance servant or beares mallice that is to say hath trespasse against him or a Juror is cozen to the Executor which brings the action and yet he shall not recover to his own use and this is a principal challenge c. 20 Ass 11. Where a Juror is Gossip of the Plaintiff it is a principall challenge and he shall be drawn off by the challenge 2 H. 4. fol. 16.4 Ed. 4. fol. 1. the same 19 H. 6 fol. 66. Contr. 6 H. 6. fol. 40.40 Ass 20. That the Plaintif was retained with a Juror that is that the Juror was master of the party is a principal challenge 2 H. 4. fol. 14. That the Jury hath past before for parcell of the same gift in Formedon is a principal challenge if he shew record of that otherwise it is but favour 8 H. 5. fol. 11. and 7 H. 4. fol. 11. the same If a Juror after he is impannelled eate at the Plaintifs costs or take Money for his charges it is a principal challenge 13 H. 4. fol. 14. 22. R. 2. Chal. 177. 8. Ed. 3. fol. 69. Where Land is demanded and the Juror is cozen within the ninth degree it is a principal challenge 41 Ed. 3. fol. 9.14 15 Eliz. Plowd 426. It is a principal challenge that the Juror held of J. S. that holds over of the Plaintiff 13 H. 6. Statham Where a Juror hath a Lease of one party and though he hath granted his Interest to another yet he is within the Distress of his Lessor to the using an Action of Debt for the Arrearages and for that is a principal challenge 44 Ed. 3. fol. 5.44 Ass 23. Trespass the Defendant saith it was the Free-hold of J.S. and justifies as Servant of J. S. it a principal challonge that the Juror was within the distresse of J. S. to E. 4. fol. 11. B. Trespasse where the Defendant justifies as Servant to the Lord Dacres it was a principal challenge that the Juror was within the distresse of one which held of the Lord Dacres 15 Ed. 4. fol. 18. It is a principal challenge that the Juror is cozen to the Wife of the Defendant for that that the Issue of the Wife may be Heire to the Juror 8 H. 6. fol. 15. That the juror at another time had past against him in the same Issue if he shew the Record it is a principal challenge and otherwise but for favour 11 R. 2. Tit. 106.21 Ed. 4. fol. 74. before 7 H. 4. Juror was challenged for that that at another time he past against the Plaintiff for the same Debt which was reversed by Errour and for that that he did not shew the Record it is no principal challenge 33 H. 6. f. 1. It is a principal challenge that the Juror was chosen arbitrator for one party but otherwise it is where he was chosen indifferent for them 3 H. 6 fol. 24. That the juror held of a Mannour whereof the reversion is in the Plaintiff is a principal challenge 10 H. 7. fol. 20.49 Ass 1. That the juror was of Councel with the Plaintiff and hath taken his fee this was the challenge and 7 H. 7. f. 10. that it is no principal challenge It is a principal challenge the Sherif or Bailif which makes the Pannell is son in Law to the Defendant 9 Ed. 4 f. 49. Those which have
yet the Land shall be ancient Demesne as it was before By Knivet Fine levied in ancient Demesne is nothing worth for it is no Conrt of Record but common recoveries are used there to cut off an intaile 50 Ass 9. No Land may be pleaded there by right close and not else where How Land in ancient demesne is made frank Fee for a time and how for ever DUring the time that Lands in ancient Demesne is in the hands of the King it is Frank Fee but if the King grant that over to hold of the Mannor againe it is ancient Demesne againe 21 Book of Ass 13. If Recovery or Fine be in Common Bench of Land in ancient Demesne the Land is Frank fee till it be defeated by the Lord by Writ of Deceit and when that is defeat it is void to bind the parties 8 Ed. 4. fol. 6. See 3 H. 4. fol. 6. accordingly If the Tenant in ancient Demesne enfeoffe his Lord of the Mannour being common person and not King the Lordship is Frank see for ever 9 H. 6. fol. 24. B. 3 H. 4. fol. 16. the same Where the King gives Land of ancient Demesne to hold in Franke Almaigne that is Franke fee 6 H. 4. fol. 2. Where a Fine is in common Bench of Land in ancient Demesne is Frank fee so that after if a Recovery of that be in ancient Demesne it is void and before not a Judge 7 H. 4. fol. 3. B. 7 H. 4. fol. 29. the same If the King was once seised of Land in ancient Demesne and lett that for life it is Frank fee for the time 11 H. 4 fol. 84. Where Land in ancient Demesne is forfeit to the King by attainder and the King grants that over to another and his heires now they are Frank fee for ever 13 H. 4. fol. 7. Where a Fine is levyed of Land in ancient Demesne in the Common Bench the Lord may defeat that by a Writ of Deceipt and yet if he to whom the Fine was c. hath a Release with confirmation of the party made after the Fine his Estate is good notwithstanding that the Fine be defeated Fitzh 98. a. The Lessor by his confirmation to his Tenant may make the Land in ancient Demesne Frank fee but if he confirme to hold by meaner services it is no Frank fee 30 Ed. 3. fol. 16. Where Land in ancient Demesne Escheats to the Lord for that that the Tenant dyes without heire generall or speciall are Frank fee for ever for he holds them now of the Lord Paramount 18 Ed. 3. fol. 19. If the Tenant in ancient Demesne answer the action in Precipe in the Common Bench yet it is no Frank fee before Judgement given 2 Ed. 4. fol. 26. The Lord by his confirmation may alter the tenure but not the estate of the Land where he confirmes to hold at the Common Law 49 Ed. 3. fol. 7. Fine at the common Law recovery or where he is in by the Kings Charter or by feoffment of the Lord these prove the Land frank Fee and not ancient Demesne Fitzh fol. 13. C. If the King be seised of Land in ancient Demesne this is Frank fee but if the King demise it to another the Land is ancient Demesne again 17 Ed. 3. fol. 52. A man recovers in ancient Demesne Lands which were at the common Law against a man by Verdict of a Jury and he against whom the recovery was brought an Assise upon that and awarded that he should recover Seisin 30 Ed. 1. Tit. Assise 379. Note the tenure and tryall of ancient demesne and who shall plead ancient demesne LAnds which are ancient Demesne are Soccage Fitzh fol. 11. Tenants in ancient Demesne are those which hold of the Mannors which were in the hands of Saint Edward the Confessor at the time that the Book of Doomsday was made but the Lands written in that Book to be in other mens hands are not ancient Demesne Fitz. 16. E. All the Lands which were in the seisin of Saint Edward the Confessor when the Book of Doomsday was made are called ancient Demesne and the Lands in other hands c. Frank fee Natura brevium fol. 14. If the Land be ancient Demesne or not shall be tryed by the Book of Doomsday 49 Ed. 3. fol. 22. In Monstraverunt Assise The Tenant pleads that the Land was ancient Demesne and it was tryed by Assise in the Book of Notting and also North. 8 Ed. 2. Statham fol. 20. Triall of ancient Demesne is by the book of Doomsday and by that it was certified that London was not ancient Demesne 7 H. 6. fol. 34. In Assise of Mortdancester ancient Demesne was tried by the Country 8 Book Ass 35. 9 Book Ass 9. the same In Assise the tenant saith that it was parcell of the Mannor of B. which is ancient Demesne and the other saith that it is not parcell and upon this at issue and that was tryed by Assise 12 Book of Assises 18.22 Book of Assises 45. the same Assise none shall plead ancient Demesne but he which is Tenant and not the Disseiâ—or 21 Book of Ass 2.41 Ed. 3 tit 22. the same If Land be in the book of Doomsday written under the Title Land of the Bishop and not Land of the King yet though it be in the book of Doomsday it is no ancient Demesne 40 Ed. 3. fol. 45. Form of Pleadings that the Land is ancient Demesne and how he shall sue for ancient Demesne and for Copy-hold in ancient Demesne BY Prisot he which pleads ancient Demesne shall say that the Land is held of the Mannor of D. which is ancient Demesne and pleadable by a petty VVrit of Right close from time out of minde and demand judgment if the Court will acknowledge 36 H. 6. fol. 18. 3. H. 6. fol. 48. But see by Thirne and granted that frank Fee may be held of a Mannor of ancient Demesne 11 H. 4. fol. 85. Precipe the Tenant saith that the Land was parcell of the Mannour of D. which is ancient Demesne and pleadable by petty VVrit of right close time out of minde and demand judgment if the Court will acknowledge and it is no Plea for the Demandant to say to that that it is frank fee for that that it doth not gainsay but that the Mannor is ancient Demesne and that this is parcell but he ought to plead specially how it is become frank fee 41 Ed. 3. f. 22.12 Book of Ass 16.22 Book of Ass 45. Right close lieth alwaies between Plow-holders and no Plow-holder may implead another Plow-holder of Lands in ancient Demesne unlesse by this VVrit and shall make in this his protestation to sue in nature of what VVrit he will as his case is Nat. Brevium fol. 11. They call Tenants in ancient Demesne Sokemaines Britton fol. 105. Copy-holder of base Tenure shall not have a Right close but ought to sue by Bill in the Lords Court but copy-holder in ancient Demesne of free-tenure
the Husband may alien all or part without the Wife and then shee cannot claime Dower Custome in some Mannor is Heire among Copy-holders that the youngest Son shall inherite as in Borrough English and if he have no Sonne his younger Brother as at Edmonton Custome of some Mannor is Heire that all the Sons and all the Brothers shall inherite together as in Gavel-kind at Islington Custome of some Mannor is Heire That if the Tenant dyes seised of five Acres or lesse then the youngest Son ought to inherite but if it be above then all the Sons as in Gavell-kinde ought to inherite Custome of some Mannor is Clivenor If a Copy-holder surrender his Land to the use of a stranger that before the stranger be admitted Proclamation shall be made in the Court thereof and if the next of the blood will come in or Clivenor Land mark those next adjoyning to the bargaine from the East of the Son and will pay so much for the Land surrendred as hee which made the bargaine ought together with all his costs which had the Land so surrendred and then the Bargainee shall make Oath in Court what he payd and that shall be payd him forthwith in Court and then the next of blood or Clivenor which pay that shall be admitted and shall have the Land Custome in some Mannor is Where surrender is of Copy-hold made to him and his that is an Estate of Inheritance in Fee by the custome though it be not to him and his heires And in some Mannor it is to him and his in Villainage and yet it is a good Estate of Inheritance by the custome Custome of some Mannor is That surrender may be made into the hands of the Bailiffe in the presence of two Tenants witnessing that and in some Mannor in the hands of two Tenants to the use of him to whom c. And in some Mannor in the hands of one Tenant to the use of him which should have it and all these are good customes and allowed Custome of some Mannor is Dower that the Wife shall have no Dower nor the Husband shall not be tenant by the curtesie And the custome in some Mannor that she shall have the third part of the Rent and not any Land for her Dower as at Bush Custome in some Mannor is Surrender that surrender may be made into the hands of a tenant in the presence of other persons to the uses c. and is good Tenant at will by the common Law Waste may cut Trees to repaire his Houses and also may take House-boot Hedge-boot and Plough-boot and all this Tenant by Copy may doe And by the custome in diverse Mannors copy-holder may cut his Trees and Wood and sell it at his pleasure and also to suffer the Houses to decay and yet it is not forfeiture as it is at Islington Custome of some Mannor is Lease that copy-holder may let that by Indenture for three yeares without license of the Lord and in some for nine yeares and in some Mannor for more and in some Mannor hee may let from three yeares to three yeares to the terme of one and twenty yeares and is no forfeiture Custome of some Mannor is Harriot that where the copy-holder is Inheritable that the heire shall choose the best Beast and the Bailiffe of the Lord shall seise two of the next best Beasts and for a Cottage two shillings in Silver for Harriot shall be payd and no Beast Custome of some Mannor is Fine to pay six shillings eight pence for a Harriot and no Beast Custome of some Mannor is Ward that a copy-holder pay but one penny for a Fine though there be a hundred Acres or more and in some Mannor six shillings eight pence for every dwelling House and also for every Acre six shillings eight pence and for every Cottage six shillings eight pence and also six shillings eight pence for every Hampsell that is an ancient House or Cottage decayed six shillings eight pence And in every Mannor the Fine is uncertaine but yet the Lord there shall not take more for his Fine then hath heretofore been taken for a Fine and if he doe otherwise the remedy for the copy-holder is in the Chancery against his Lord. Custome of some Mannor is that if copy-holder dyes his heire within age the custome in most Mannors is that the custody shall be committed by the Lord to the next of blood to whom the Land cannot descend And in some Mannors the Bailiffe of the Lord shall have the custody and render the heire an account at fourteene years of the profits and by the custome in some Mannor at fourteene yeares the heire may choose to him a Guardian Custome in some Mannor is Workmen to have certaine dayes of labour in harvest for a day or two dayes and in some Mannor he shall pay foure pence for every day labour of that Custome of some Mannor is Releife that he shall pay for Releife upon a discent but halfe that which is due by common Law as if he hold by six pence he shall pay but three pence for Releife but yet he ought to pay that releife by the custome Also if he come in by Purchase he ought to pay in the like manner halfe his Rent as afore is sayd that is to say three pence where his Rent was six pence Custome of some Mannor is to pay but one penny for releife and not more nor lesse though his Rent be ten shillings Custome in some Mannor is Dower that if a man marry a Mayd and dye seised of copy-hold this Wife shall have all the Land during her life for her Dower but if hee marry a Widdow and dye seised shee shall have no Dower Custome of some Mannor is that if one were no copy-holder of that Mannor before and purchase Lands at first the Fine is arbitrable and granted at the will of the Lord but he nor his heires after shall pay no Fine but shall be admitted free without paying Fine for all the Lands which he after purchaseth within the Mannor If a man let to three for life to have successively yet this is a Joynt Estate and successively is void but by custome of copy-hold successive holds place and one shall have it after the other 30 H. 8. tit Leases 54. And note that you doe not say as many use to say that there is such a custome when they see the Law to be contrary to their intent as diverse Stewards doe when for favour that they beare to one party will ayde him by customes when there is no such custome to helpe him And I have heard a Steward say By the custome of a Mannor a Wife is dowable and by the custome that shall be assigned by the Homagers without plaint in nature of Dower against the Tenant of the Land and without answer of the Tenant and without any processe made against him contrary
23 H. 8. chap. 15. If any be troubled by attachment or arrested by Latitat or in London or in a Court which hath liberty to hold Plea and no Count be put in within three daies after the Baile put in otherwise appeares unlesse the Court of discretion gives longer day the Defendant shall recover costs and dammages the same Law is if a Suite be discontinued after Count or that the Plaintiff be non-suited then the Defendant forthwith by discretion of the Court shall recover costs and the Statute gives Debt for the costs 8 Eliz. Chap. 2. But one arrested by Bill of Middlesex shall not recover costs though the Plaintiff do not count to be nonsuited If a matter passe against an Informer by Verdict or Judgment the party shall have costs and shall have execution by a Capias to satisfie fieri facias or Elegit but these two last Statutes do not extend to a Court-Baron 18 Eliz. C. 5. 22 H. 8. B. Tit. Costs 25. in quare impedit the Plaintiff shall not recover costs for that the dammages are great 35 H. 8. Tit. 258. 2 Ma. Tit. Costs 23. Debt by Lessor if he be non-suted or bar'd the Defendant shall recover costs by the Statute for it is upon a contract for Rent 2 H. 7. f. 13. Account the Plaintiff shall not recover costs but where the Defendant is adjudged to account and pleads Barr c. It is otherwise 9 H. 6. fol. 66. He shall not recover costs for that the dammages are tremble by the Statute 14 H. 6. fol. 13. forcible entry the same In London by act of common Councell in trespasse by force of Armes and in all other Actions personalls if the Plaintiff be non-suited or a Verdict against him and Judgment upon it or Judgement upon demur against him the Defendant shall recover his costs by discretion of the Court but if the Plaintiff sue as Executor or Administrator which is not upon his own act the Defendant there shall not recover costs and yet trespasse by force of Armes is not within the Statute 23 H. 8. chap. 14. to have costs Damages IT seems if one take my Beasts and after they return to me again I shall have trespasse for taking but upon the evidence I shall not recover the value though the value be in the Writ 11 H. 4. fol. 23. 1 H. 6. fol. 8. 19 H. 6. fol. 34. In what plaints Damages shall be recovered in Court-Barons and in what cases in Court-Barons and other Courts and in what not In plaint in nature of Assise of novell disseisin Grandfather and Great Grandfather Entry by disseisin Dower Nuper obiit Mortdancester Cozenage Replegiare Covenant Debt Action upon the Case Deceit and trespasse Damages and costs shall be recovered by the Plaintiffe Eight Marks were given in plaint of Land in Court-Baron Plowdens Commentaries f. 394. B. If any avow for Rent or doing damage custome or service if the Plaintiffe be non-suited or otherwise barred then the Avowant shall recover damages and costs as the Plaintiffe ought See 19 H. 8. fol. 8. 12 H. 8. chap. 19. Rast tit Avowry 1. Discent THen for that that the second Article is to inquire who is Tenant and what advantage the Lord shall have by the death of his Tenant It behoveth to know who is in by discent to be your Tenant that you may know of whom to have releife and who to be in Ward and who not and who shall be sayd in by discent and where by purchase and where hee shall not be in by discent Gift to one in taile remainder to the right heires of J. S. which was dead T. S. hath that as right heire and is in by purchase and shall not pay releife nor be in ward 40 Ed. 3.9 32 Ed. 3. Fitzh Discent 8. Lord and Tenant the Tenant aliens in Mortmain and the Alience is disseised and the Disseisor dyeth seised his Heire is in by discent yet the Lord may enter within the yeare for he hath only a Title to enter and cannot have an action but contrary of him that hath right of entry and may have action 1 Ed. 6. Tit. Mortmaine 6. Bro. Lease for life the remainder to the right Heires of J.S. the Tenant for life dies living J.S. the remainder is void and J.S. nor his Heires shall not be said in by discent to pay releife nor otherwise shall have the Land as purchasor 9 H. 6. f. 24. Perkins f. 12. the same Lease for life the remainder to the right Heires of J.S. and J.S. dies Tenant for life hath aid of T.S. Son and Heire of J.S. and though he were within age he shall not have his age and shall not pay releife nor be in ward if they hold by Knight service and be within age for that he is in as a Purchasor 11 H. 4. f. 74. Lease for life the remainder to another in taile which dies his Issue within age and after the Tenant for life dies the Issue is in by discent and if he be within age and hold by Knight service he shall be in ward to the Donor 33 H. 6. f. 5. And for that that in the said second Article of Charge you ought to inquire if any Tenant be dead who is his next Heire Let us now see where a Woman is with child at the time of the death of her Husband Tenant and by whom she shall be Judged with child and who shall be said in after the death of the Husband as Heire and shall be Tenant to the Lord and who not IF the Husband Tenant dye seised and his Wife with Child and a Brother of the Husband enter as Heire as he may and after Issue is born this Issue is Heire to the Husband and Tenant to the Lord and not the Brother though he were Tenant and Heire before the Issue was borne 41 Ed. 3. fol. 11. A man Tenant hath a Daughter his Wife with child with a Son and makes a Feoffment upon condition and dies and the Daughter enters for the condition c. and after the Son is born this Son shall not be Heire nor Tenant of this Land the same Law is where there is a Lease for life the remainder to the right Heires of J.S. Tenant for life dies the Daughter enters and after the Son is born he shall not be Heire and Tenant of that Land 9 H. 7. f. 25. Plow f 56. Daughter enters after the Death of her Father Tenant and takes profits and after the Son with which the Wife was with child is borne he may enter and have that as Heire and shall be in by discent and Tenant but hath no remedy for the profits taken by the Daughter before he was born 9 H. 6 fol. 26. If a Woman Tenant seised in Fee hath a Daughter and being with Child with a Son the Husband dies and after the Wife is ravished and consents to the Ravishor and the Daughter enters by the Statute as next of blood as
Book of Assises 10. Escheats Where it shall Escheat and not discend and where not And for that in the same second Article is also inquirable what advantage the Lord may have by the death of his Tenant that is to say Ward or Escheat Now let us see what is impediment by attainder and otherwise that the Issue of the Lands in Fee cannot be heire by discent not that his Father and Mother were marryed and where the Lord shall have that by Escheat and where not IF an Infant of the Age of seven or eight yeares marry a Wife and his Wife have Issue within one yeare or two after marriage this Issue shall not be his heire and if he have no other heire generall or speciall the Land shall Escheat 38 Book of Assises 24. If the Father being an Alien hath a Son and after the Father is made Denizen and after hath another Son and after purchase Lands and dyes the youngest Son is heire and if he dye without Issue the Lord shall have the Land by Escheat and not the eldest Son for he is an Alien Doctor and Student fol. 12. The eldest Son is attaint of Felony in the life time of his Father and is hanged the Father dyes the youngest Son shall inherite and it shall not Escheat But if the eldest Son be attaint in the life time of his Father and survive the Father the Land shall Escheat 20 Booke of Assises 2.46 Ed. 3. tit Discent 6.49 Ed. 3. fol. 11. 31 Ed. 1. tit 17. accordingly If the Son be attaint of Felony or Treason and after is pardoned and after that his Father dyes seised of land the Lord shall have that by Escheat rather then the Son 13 H. 4. fol. 8.1 E. 3. lit 15. accordingly See before that Doctor and Student fol. 25. Where the Husband is attaint of Felony and purchase his pardon and after dyes his Wife shall not be endowed of Land which he had before the attainder but it ought to Escheat but of those which he purchases after shee shall have Dower and shall not Escheat Littleton fol. 11. If the Husband seised of Land commit Felony and after alien and after is attaint the Wife shall have Dower against the Feoffee but otherwise it is if it were Escheated Nat. bre fol. 7. If the Son be outlawed of Felony in the life time of his Father and hath a pardon and after the Father dyes seised of Land the Son shall not have these Lands but the Lord by Escheat though he hath diverse Sons 31 E. 1. tit 17.11 H. 4. fol. 11. 22 H. 6. fol. 38. The Father outlawed of Felony purchaseth a pardon and after purchaseth Lands the Son hee had before the Felony may inherite them and the Lord shall not have them by Escheat 9 H. 5. fol. 9. If one dye Tenant to the Lord without heire generall or speciall as if the Tenant be disseised and dyes without heire generall or speciall the Lord shall have the Escheat of this Land though he did not dye seised for that that he dyed Tenant 2 H. 4. fol. 9. 7 H. 4. fol. 18. accordingly 32 H. 6. fol. 31.36 H. 6. fol. 1.6 H. 4. fol. 5. the same And Nat. bre fol. 103. the same Where an Alien purchases the King may seise 11 H. 4. fol. 25. 14 H. 4. fol. 20. accordingly And if a Denizen purchase and dye without Issue born within the obedience of the Queen this Land shall Escheat to the Lord. If an English Tenant marry an Alien she is forthwith upon the marriage of the Kings allegiance and their Issue shall inherite and it shall not Escheat Abridgement of the Book of Assises fol. 39. Where there is Lord and Tenant and the Tenant grants Rent charge and dyes without heire generall or speciall the Lord shall have the Land by Escheat Rastall Escheat 15. but hee shall hold it charged 3 Book of Ass 1. The same Law is of the Kings Tenant which grants Rent and dyes c. and his heire in Ward by the Statute 2 3 E. 6. chap. 8. Lord and Tenant the Tenant is disseised and the disseisor dyes seised and the disseisee dyes without heire the Lord shall not have that as by Escheat for I intend hee dyes not in his Homage 32 H. 6. fol. 31. B. Lord and Tenant the Tenant lets for life and dyes without heire though he dyed not seised the Lord shall have Escheat 2 H. 4. fol. 9. If one be attaint of high Treason the King shall have Escheat of whomsoever he hold notwithstanding if it be of petty Treason the Lord shall have the Escheate 22 Book of Ass 49. If the Tenant be beheaded for Felony the Lord shall have Escheat and shall say for which he was hanged Natura brevium fol. 100. 8 E. 3. in the Register f. 165. accordingly If my Tenant within age alien to one in Fee and within age dye without heire the Lord may enter by Escheat 16 E. 3. tit Statham fol. 84.3 E. 3. Journey to North See 6 H. 4. fol. 3. North that he cannot enter but he may have Escheat It seemes that the Lord cannot enter by Escheat where his Tenants entry is taken away as if the Husband discontinue the Lands of his Wife and the VVife dyes without heire the Lord cannot enter by Escheat 32 H. 6 fol. 27. by Littleton If a man goe over the Sea without license and there takes a Wife and there by her hath Issue if the Issue survive his Father the Land of the Father shall Escheat 22 H. 6. fol. 38. by Newton 1 R. 3. fol. 3. by Hussey He which is borne beyond the Sea and his Father and Mother were English that their Issue shall inherite by the common Law but by the Statute aforesaid it is cleer The same Law is where an Alien borne purchase lands of the King before he be made Denizen or if hee be a Denizen and purchase Lands and dyes without heire borne under the obedience of the King there the King shall have that Land as Perquisite in manner as Escheat Where the Tenant hath an Estate in fee and dyes without heire generall or speciall his Land shall Escheat to his Lord Fitzh 143. T. 32 H. 6. fol. 31. The Lord cannot enter but where his Tenant might enter and for that if the Husband and the Wife discontinue and the Wife dyes without heire the Lord cannot enter by Escheate And if the Tenant be disseised and the Disseiser dyeth seised and his heire enter and after the Disseisee dyes without heire the Lord cannot enter 37 H. 6. fol. 1. It seemes by Fortescue that the Lord shall have Escheat or Ward though his Tenant did not dye seised 2 H. 4. fol. 9. The Lord shall have a Writ of Escheat though his tenant dyed not seised for if he dye his tenant that sufficeth If my tenant lets for life and dyes without heire he doth not dye seised and yet the Lord shall have the
Escheat 7 H. 4. fol. 18. the same 6 H. 4. fol. 5. Lord and Tenant within age the Tenant is disseised and dyes without heire the Lord may enter by Escheat The same Law is if he being an Infant tenant alien and dyes without heire the Lord shall have by Escheat Fitzh fol. 144. A. If Tenant in taile dye without heire he in reversion shall not have a Writ of Escheat But if Tenant in taile the remainder to his right heires and dyes without heire then the Lord of whom the Tenant in taile holds shall have a Writ of Escheat Fitzh 144. E. Where the Tenant is a Bastard and dyes without Issue this Land shall Escheat Tit. Escheat 34. B. Where there is a Bastard eldest and a legittimate younger and the Bastard enters and dyes seised without Issue the Land shall not Escheat Natura brevium fol. 103. If the Tenant be disseised and is attaint of Felony the Lord may enter by Escheate Abridgement of Assise fol. 88. Lord and Tenant the tenant being within age aliens and dyes without heire the Lord may enter by Escheat 6 E. 3. Statham If my Tenant within age alien in Fee and dyes without heire I may enter by Escheat the same Law is if my tenant within age be disseised and dyes without heire I may enter by Escheat Stamf. 42. If any free tenant of any Bishop be attaint for Felony during the time of the vacation the King shall have Escheat of his Lands By Prerogative ch 14. Fitzh 144. O. If the Lord have title to have a Writ of Escheat if he accept Homage of his tenant he shall not have a Writ of Escheat against him afterwards 7 H. 4. fol. 18. Lord and Tenant the Tenant is disseised and dyes without heire the Lord may enter for right of entry may Escheat against a Disseisor but if the Disseisor dye or alien the Lord cannot enter by Escheat upon the heire of the Disseisor nor upon the Alience 22 Book of Assises 49. The King shall have the Lands by Escheat of one attainted of high Treason of whomsoever hee hold notwithstanding of petty Treason the Lord shall have them 29 Book of Assise 61. Note that Lands in taile shall not Escheat for the Felony or attainder of his Father but by the Statute of 5 6 Ed. 6. chap. 11. for high treason the King shall have his Lands 6 H. 7. fol. 9. by Keble Right of entry may Escheat as where the Disseisee dyes without heire or is attaint of Felony the Lord may enter 7 Ed. 6. tit 18. It was held If there he Lord and Tenant by Fealty and Rent the Tenant is disseised the Disseisee dyes without heire the Lord accepts the Rent by the hands of the Disseisor yet he may enter for Escheat or have a Writ of Escheat and the receit of the Rent no Barr contrary if he had avowed for that in Court of Record or if he had taken corporall service as Homage c. Contrary of acceptance of Rent by the hands of the heire of the Disseisor or of his Feoffee 48 Ed. 3. fol. 2. by Belk Where a man commits Felony and after purchase Land or Land discends to him after this is forfeited and Escheated as well as the Land which he had time of the Felony made 22 H. 6. fol. 37. by Newton A man seised of Land in fee goes beyond the Sea to B. out of the Kings Allegiance without the Kings license and there marries a Wife and there hath Issue and dwells there all his life and dyes without other Issue his Land shall Escheat and none other of the blood shall inherite 1 R. 3. fol. 4. by Hussey He which is borne beyond Sea and his Father and Mother English and faithfull to our King that their Issue shall inherite by the Common Law but the Statute makes that cleer and his Lands shall not Escheat 9 H. 7. fol. 2. If Tenant of the King dyes without heire and none enters the Freehold is in the King without Office by Escheate But if Tenant of the King alien in Mortmaine it is not in the King without Office 27 H. 8. tit Office 90. Br Where one is attaint by Parliament his Lands are not in the King by Escheat to grant over without Office 29 H. 8. tit 52. Charter of pardon Br. The King may be intituled to goods without Office by Outlawry but not to Lands 38 H. 8. title Thing in action 211. Br By the Statute of 31 H. 8. gives to the King possession of Lands of Monastries without Office for the words are that the King shall be in possession of them yet if an Abbat were disseised of foure Acres of land the King cannot grant that over before entry made by him into it Time of H. 8. tit 119. Pre. Br It seemes that the King shall not have a Precipe quod reddat as a Writ of Escheat but his title shall be found by Office Time of Ed. 6. tit Denizen 17. Where an Alien born purchaseth the King shall have it but the purchase ought to be found by Office 33 H. 8. tit Fines levied 115. Title Office before Escheator 60 Br King shall have Chattels without Office but not Ward 2 H. 7. fol. 8. The King may re-enter without demand where there is a clause of re-entry in his Lease but then that shall be found by Office Tit. Escheat 23. Br Alien borne hath Issue a Son and after is made Denizen and after hath Issue another Sonne and purchase Land and dyes the youngest Sonne shall have the Land and not the eldest nor the Lord by Escheat Tit. Escheat 29. B. VVhere a man is attaint of Heresie and delivered to Lay men to be burnt yet he shall not forfeit his Land unlesse he be put in execution and there by the execution the Lord shall have Escheat unlesse the Land be held of the Ordinary then the King shall have it Enquest FOR that that you try your Copy-holders and other Issues by consent by Jury let us see how many shall be sworn of a Jury The Statute of Westm 2. chap. 13. is that the Sheriff shall inquire by twelve and not by lesse and the same Law shall be in Leet and for that that this Statute doth not extend to Court-Baron Presentment of Articles there by lesse then twelve may be for one may hold Court-Baron though there be but two Suitors and then they may inquire by two of Articles for the Lord but hard it is when every one is inheritable to the Lawes of the Realme and the triall of the Law is by twelve of Issue joyned between party and party that by your not power that is to say that there should not be twelve Tenants of every Jury to take from me my Triall which the Law gives to me and if you will try Issue by lesse then twelve you may impannell three or foure of the Freinds to the parties and to have no number certain under twelve but to have such a
Recognition of the Assise and in evidence that the Plaintiffe is Bastard it is not good for it is contrary to this thing admited and imployed 22 Book of Ass 3. Covenant Issue was If the Defendant had made an Estate sufficient to the Plaintiffe of Higgens Close or not and evidence that it is not so much in value it is not good for it is not answerable to the matter in Issue 27 H. 8. fol. 35. Trespasse The Defendant justifies for Common appendant and gives in evidence that he hath Common by reaion of Neighbourhood it is not good for it is not answerable to the matter in Issue 13 H. 7. fol. 13. 11 H. 4. fol. 63. Trespasse of beating not guilty and evidence that it was in his defence it is not good for it is a matter of justification and contrarying 7 Ed. 6. tit 14. In Debt upon an Obligation made for Usury If the Defendant plead it is not his Deed he cannot give in evidence that it was made for Usury for it is contrarying 5 Ed. 4. fol. 5. Debt upon obligation for letting him to baile and doth not name Sheriff the Defendant gouht to plead that and so not his Deed but not generally not his Deed and give that in evidence for it is contrarying 3 H. 7. f. 5. Where two are bound joyntly and severally and one Seale is broken yet in Debt against the other or against him he cannot plead not his Deed and give that in evidence for it is contrary but he may plead the speciall matter and conclude so not his Deed. 5 H. 7. f. 2. If one plead nothing passed by the Deed he cannot after give in evidence that it is not his Deed for it is contrarying 9 H. 7. fol. 3. Derinue the Defendant saith he doth not detaine and he cannot give in Evidence that he hath that in pawn for it is contrarying Where the Evidence proves the effect and substance of the Issue is good THE Plaintiff Pleads a Lease simply and gives in evidence a Lease upon condition and for that that the condition is performed it is good for the evidence proves the effect and substance of the Issue and for that it is good 14 H. 8. f. 20. 38 H. 6. f. 9. The Array was challenged for that that was made at the denominating of the Clerke of the Plaintiff Evidence that it was made by the Bailiff of the Franchise at his denomination is good 44 Ed. 3. fol. 39. J.S. pleads a Feoffment made to him and gives in evidence that there was a Fine which is a Feoffment of Record and is good 27 H. 8. fol. 29. Action upon the case by the Husband of an Assumpsit made to him and given in evidence that it was made to his Wife to which he agreed and is good 14 H. 8. fol. 18. False Imprisonment If the Defendant justifie by Warrant if the Warrant were after the Arrest the Plaintiff may say of his own wrong without that that he had any warrant and may give this matter in Evidence Forraine matter plead in Court-Baron IF a Plaint be in the Court-Baron of a Debt or trespass and forraine matter is pleaded there it shall not be tried in Bench though that this Court shall be out of the Jurisdiction but it seems shall be tried in the County where the Court-Baron is or the forraine matter is alleadged to be done 1 H. 5. f. 12. A man cannot remove a Plea out of Court-Baron into Bench but in a Replegiare and not in Debt or trespasse unlesse that the Damages are not to forty shillings 14 H. 8 f. 17. by Fitzh Note more before that Fine Where it shall be paid by Copy-holder that I have seen used is as insues NOte that it is commonly said and the ground of paying Fines is that a Fine is due to the Lord upon every alteration and change of Tenant that is to say upon every admittance of every new Tenant to the Lord by copy as upon every alienation by surrender and admittance upon that and upon every discent and admittance upon that also if a Copy-holder surrender into the hands of the Lord to the use of diverse and their Heires as to 2.3 or 4. and their Heires upon the admittance of them the Lord shall have but one Fine for it is but one surrender and one admittance of a Tenant and upon the death of the Survivor and the admittance of his Heire then an other Fine so that the Fine is to be adjudged due alwaies upon admittance of Tenant and not without admittance And for that if two be admitted and one dies the other shall have his part by Survivor without new admittance and shall not pay a Fine Also where a Surrender is made to the use of a Husband and his Wife and to the Heires of the Husband upon their admittance the Lord shall have but one Fine for it is one surrender and both are but one new Tenant and after the death of the Husband and the Wife upon admittance of the Heire of the Husband the Lord shall have another Fine Also where a surrender is made to one for life and after his death the remainder to another and the Heires of his Body begotten and for default of such Issue remainder to a third and his Heires in this case admittance of the Tenant for life vests the remainder in the others and divers learned Stewards take but one Fine only of admittance of a Tenant for tearme of life and nothing of those two in remainder when the Remainder falls but I have seen that every one in the remainder when they come to the Land shall make Fine though it be not the whole fine but a halfe and every one is admitted when a remainder falls but it need not for by the admittance of the Tenant for life the remainder is so vested that he in remainder need no other admittance and they are but one Estate and one surrender the same Law is where there is a surrender to one for life the remainder to another and his Heires there shall be but one Fine But then it is good that both be admitted together according to the surrender at the time of the surrender made Also where one out of the Court by custome surrenders into the hands of two Tenants to the use of himselfe for life and after his death to the use of J.S. and his Heires and dies before the next Court and then all this is presented at the next Court he in the remainder shall be admitted and pay but one Fine for it is impossible to admit one which is dead and by the act of God his Fine is gone and now there is but one to be admitted and upon one surrender and one being to be Copy-holder shall be paid but one Fine Also where a Copy-holder is admitted upon surrender he shall pay a Fine but if it be so that he have common recovery in plaint in nature of a VVrit of entry in the
Post upon his better assurance and for to defeat an estate taile those which recover have Seisin by command by Habere facias Seisinam and also they are in in the Post and by the recovery and for that no Fine shal be there payd to the Lord but one for the recovery was also but for further assurance and the surrender and all make but one Tenant by Copy and so there is due but one Fine Also where the custome is that for every Cottage and for every House the Lord shal have upon every alteration and admittance of Tenant for one Fine three shillings and there is a Cottage or a House is decayed it is called a Home-stall and by the custome also for every Home-stall he shall pay for a Fine three shillings there if the Tenant makes of one House two Houses or build a new House he shall not pay a Fine for these new Houses nor for two Houses which before was but one for the prescription doth not hold place but for the old Houses Also where the custome is that for a Fine for a license to let for yeares the Tenant shall pay for every House which the Tenant lets for every yeare that he hath license foure pence there if he make of one House diverse Cottages as of Barnes and Stables diverse Cottages there for license to let his House he shall pay but foure pence for every yeare that he hath license to let the whole and not for divers Houses for otherwise the prescription doth not hold place Also if Tenant for life and he in remainder or reversion ioyne in a surrender to one and to his Heires he to whose use the surrender is made shall pay but one Fine for it is but one admittance and not severall and one surrender and not severall and there is but one Tenant admitted the same Law where two Joynt-Tenants two Tenants in Common or two Coparceners surrender to one and his Heires shall be payd but one Fine Also a woman is marryed a Virgin she shall have all for her Dower by the custome there it is used she shall pay a Fine and it is reason for that she is admitted the same Law is where a VVoman hath a third part by the custome for Dower but it is used commonly within Mannors to pay but halfe a Fine which is paid for Inheritance but the custome of the Mannor is to be considered in this case If a Copy-hold be surrendred upon condition and the condition is broken he which surrenders may re-enter without paying Fine or new admittance Forfeiture of Copy-hold WHere a Copy-holder of Inheritance according to the custome of the Mannor is out-Lawed in an action personall as in Debt or other Action personall he shall not forfeit the profits of his Copy-hold to the King for that that he hath but an Fstate at the VVill of the Lord and the Free-hold is in the Lord but where a copy-holder is attaint of Felony or Treason the Lord shall seise the Copy-hold as forfeit to him and not to the King notwithstanding where one holds by Charter and is out-Lawed in Action personall the King shall have the profits of that Land 9 H. 6. fol. 20. But if he make a Feoffment after he is out-Lawed then the Feoffee shall have the profits 21 H. 7. fol. 7. accordingly Yet it is otherwise as is aforesaid where a copy-holder is out-Lawed in a personall action If one by an Indenture bargain and sell all his Lands Tenements and Hereditaments in D. and Inrol thaâ— accorcording to the Statute of 27 H. 8. C. 16. and hath in D. Lands held by Charter and other Lands by copy and after levy a Fine and suffers recovery of that accordingly yet the copy-hold is not forfeit The same Law if a copy-holder hath so much Land in D. held by copy and makes a Feoffment of all his Land in D. and makes no Livery this is no forfeiture for the Feoffee is but Tenant at will the same Law is if the copy-holder let to one for life and makes no Livery it is no Forfeiture The same Law is if one enfeoff J.S. by Deed of all his Lands Tenements and Hereditaments in D. and holds in D. part by Charter and part by copy-hold and makes Livery of that held by Charter these other Lands held by copy are not forfeit but if he make Livery in any part held by copy there is forfeiture of all his copy-hold in D. expressed in the Deed. But if one hath in D. certaine Lands in Socage by Charter and certaine other by copy and devise all his Lands Tenements and Hereditaments in D. this is no forfeiture of the copy-hold there It is said that a copy-holder cannot alien by Deed and for that some collect if A. let copy-hold without Deed for yeares that it is no forfeiture Littleton fol. 15. Yet inquire And Littleton fol. 45. is Where Lord lets to his Villain by Deed for yeares he is made free and without Deed it seems he is not made free and 24. Ed. 3. in Villainage after by Wilby without Deed is no infranchisement by Lease And so some say that a Lease by copy-holder by Deed for yeares is forfeiture and where it is without Deed proving the Lease it is no forfeiture yet inquire but if it be not a perfect Lease by word for yeares but by words of implication and gives no Fine nor other consideration and the copy-holder gainsay that Lease when it comes in question in the Lords Court this seems no forfeiture also if a Stranger makes wast as in cutting Trees growing upon the copy-hold where by the custome of the Mannor the copy-holder cannot make wast that is no forfeiture the same Law is where a copy-holder by license of his Lord hath let for yeares to J.S. which makes wast this is no forfeiture of copy-hold of Inheritance Also if one within the view of copy-hold saith to one I will not out you during your life or within the copy-hold he saith I am content that you shall have my copy-hold Land for tearme of your life or lets to him for life without Deed and without Livery upon the Deed it is no forfeiture Where one hath a Rent-Seck if the Tenant upon demand deny to pay it or if the Tenant be not then ready to pay this is a denying which is Disseisin but if the copy-holder do not deny to pay his Rent upon demand though he hath no Money ready to pay that and so doth not pay that is no forfeiture Lit. 51. See 42 Ed. 3. fol. 25. If a copy-holder be in prison divers yeares and by that meanes comes not to make suit at divers Courts but is absent yet this is no forfeiture of his copy-hold the same Law is if his Rent be demanded upon the Land and he is in prison in the Goal this is no forfeiture the same Law is if he be hindred by infirmity or by stop of Waters to come to the Lords Court or
hee shall loose by that THe Lord the King shall have the Custody of all the Lands of those which of him hold in cheife by Knights service of which the sayd Tenants were seised in their Demesne as of Fee the day that they dyed of whomsoever they held by the like services c. Prerogative chap. 1. If any hold of Us by Fee farme or by Socage or Burgage and of another holds Land by Knights service We shall not have the custody of the Heire nor of the Land which is of anothers Fee by the reason of Fee farme or Socage or Burgage Magna Charta chap. 27. 11 H. 7. fol. 18. If one hold of the King in cheife and dyes his heire within age and hath Lands discended from another Ancestor the King shall not have the Lands in VVard which discended from another Ancestor And it seemes if a Remainder be in my Father and that discends to me I shall be in VVard of the body living the Tenant for life otherwise it is of a Reversion for Reversion is a Tenement and held but if a Reversion discend and the Tenant for life living I shall not be in VVard but if hee dye first otherwise it is And if my Father dye seised of a Remainder and the Tenant for life after dye seised during the time that I am within age I shall be in VVard 32 H. 8. tit Ward 97. Where a man holds certaine Land of the King in Socage in cheife the King shall not have Livery of more then of the Land in Socage The same Law where he holds in Knights service of the King Rastall Ward 13. and not in cheife the King shall not have more in Ward but onely that which is held of him immediately If one hold of the King in cheife the King shall have all his Land in Ward as well held of him as of others But otherwise it is if he hold of the King only by Knights Service Stam. fol. 6. Though that the Tenant of the King be in possession of Lands held of others the King shall have them in ward by his Prerogative Stamford fol. 7. Where the Tenant of the King doth not hold of the King in cheife the King shall not have the ward of Lands held of other Lords Stamford fol. 10. Grand-Father Father and Son Infant the Grand-Father is seised of a Mannor held of J.S. and the Father of another Mannor held of the King in cheife the Father dies the King shall have the ward of that Mannor and after the Grand-Father dyes the King shall not have the Ward of his Mannor the Statute of Prerog is That the King shall have the custody of all the Lands c. of which the Tenants themselves were seised of in fee the day that they dyed and for that that the Father was not seised of that the King shall not have it in ward 15 Ed. 4. f. 10. If any hold of the King in fee Farm Socage or Burgage and holds also of another in Knights Service the King shall not have the Lands held of another in Ward by reason of those Magna Charta chap. 17. Where a man holds certain Lands of the King Rastall Ward 3. in Socage in cheif of these he shall not have Livery of more then the Land in Socage 32 H. 8. Tit. 97. Also where one holds of the King by Knights Service and not in cheife the King shal not have more in ward but that only which is held of him immediately during the time that the Lands are seised in the Kings hands in Ward otherwise Lords shall loose their Rents that is to say that they cannot distraine during that time Stam. f. 9. Where one holds part of his Land of the King in cheife and part of another Lord and dies his heire within age and the King seises the Ward of all it seems that the Rent of another Lord and Service is but suspended for the time that it is in the hands of the King 26 H. 8. fol. 9. The Signiorie of another Lord in the case next before is suspended but from the distresse during the possession of the King 13 H. 7. f. 15. If a man holds part of the King and part of another Lord and dies his Heire within age which intrudes at his full age and paies the Rent to the other Lord this is a good Seisin and shall binde him after he hath sued his Livery for the Signiorie was not suspended by the possession of the King but only the distresse for after Livery the other Lord may distrain for the Arrearages due before see now 34 H. 8. Tit. Seisin 48.2 Ed. 6. chap. 8. That the Lords shall have their Rents during the minority at the hands of the Kings Officers 26 H. 8. Tit. ward 85. If the Kings Tenant alien in fee without license and dies his Heire within age the King shall not have ward for that that there is nothing discended to him for the alienation is good saving the trespasse to the King which is but Fine by Seisor 1 H. 7. f. 5. If the Heire intrude upon the possession of the King and levy a Fine this is void by the Statute of Prerog chap. 13. Which is where one intrudes there ariseth unto him no Free-hold but if the Heire levy Fine without intrusion that shall binde him and his Heires Time of H. 8. Tit. alienation 22. Tenant of the King in cheife cannot alien for tearm of life without license for he alters the Free-hold Magna charta chap. 4. If a Guardian by the Kings Grant makes destruction or waste he shall loose his Guardianship c. Magna charta chap. 5. The Guardian shall keep up the Houses Parkes Warrens Stanks Mills c. West 1. chap. 11. Where a Tenant lets for yeares and dies the Lord by Knights Service in time past might have outed a Farmor during the Nonage but it is not so at this day IF the Tenant let for yeares and dies his Heire within age the Guardian shall out the Farmor yet he shall have Covenant against the Heire at his full age for this Tearm which the Guardian hath during his Nonage 34 Ed. 1. Title 120 Guardian may out the Farmor and yet at full age the Lessee shall have his Tearm again Britton fol. 163 It is held that a Guardian may out the Farmor for yeares but not the Farmor for life 5 H. 7. f. 37. Fitzh f. 142. C. the same 33 H. 6. f. 47. the same and 14 H. 7. fol. 24. Guardian cannot out Tenant by Elegit but he may out the Farmor Statham 1 Ed. 3. Tit. 13. 1 Ed. 3. fol. 103 by Sharde A Guardian may out the Farmor and so may out him which hath execution by a Statute Merchant inquire of Tenant by Elegit 33 H. 6. fol. 47. and 36 Ed. 3. Tit. That Guardian may out Tenant by Statute Merchant Guardian in Knights Service cannot out the Termor 36 H. 8 Lease 58. 35 H. 8. Tit.
where the Lord prescribes to have the best he may seise for that that it is certaine 6 Ed. 3. Tit. but inquire Who shall pay Hariot and who not and when it shall be paid and what remedy upon putting it away ISsue in avowry if he die his Tenant for the Lord shall have Hariot though that the Tenant do not dye scised for it is sufficient if he dyed his Tenant though that he did not dye seised 44 Ed. 3. fol. 13. Br 1. and 7 H. 4. fol. 17. The Husband and Wife and their Son purchase lands joyntly hariotable and the Husband dies the Lord shall not have a Hariot till after the death of the last of them 24 Ed. 3. fol. 50. Br. 4. and Fitzh 3. 25 Ed. 3.7 and 19. R. 2. tit Hariot 5. Where a man dies seised of two Houses hariotable the Tenant shall pay two Hariots and note there the prescription that a Parson shall have the best Mortuary and the Lord the second best and if the Lord shall have the second best was the Issue taken 7 H. 6. fol. 26. Br. 3. Beasts which are remaining within the Fee of the Lord if they be removed out of the Lordship the Lord may take them for Hariot where he is to have Hariot after the death of every Tenant 27 Book of Ass 24. If my Tenant which holds of me by a Hariot aliens parcell of his land to another every one of them shall pay Hariot for that that it is intire 34 Ed. 3. Fitzh 3. After the death of a Prior Hariot shall not be paid for that he hath no property in the Beasts 32 Ed. 2. Fitzh 7. If a Husband Wife and their Son are seised for their lives the remainder to their said Son in taile after the death of the Husband the Lord shall not have a Hariot for he was not sole seised 24 Ed. 3. Tit. 3.19 R. 2. Tit. 5. The same for it is said there that if one do not dye sole Tenant there shall be no hariot paid Recordare longum If the Lord purchase the Tenancy held by hariot service then the hariot is extinct by the unity of possession for that that it is service annexed to the Land but I intend that it is otherwise of hariot custome where the Lord grants over the land 14 H. 4. f. 8. and 8 H. 7.11 Note that hariot is due immediately after the death of the Tenant Trespasse the Defendant as Lord may justifie taking of hariot within his Fee or if the taking were out it is good and the conveying it out is to no purpose but that the Lord may seise hariot out of his Lordship for it is not in case of the Statute where the Lord distraines within his fee for his services 19 R. 2. Fitzh 5. The Lord may seise Hariot which is the best Beast that his Tenant hath which held of him by hariot though they be in some place out of his Mannor for that that it is certaine 6 Ed. 3. Fitzh 4. If one which holds by hariot service to pay the best Beast dies and hath a Cow at the time of his death which is the best though that the Executors sell that the Lord may seise that in the hands of him to whom shee is sold if the Sale be not in an open Market and not there if without fraud 16 Ed. 3. Fitzh 2. By the custome of some Mannor and of most Mannors the Lord shall have only one hariot upon the dying seised of his copy-holder and discent and not upon every surrender But by the custome of some Mannor hariot is due upon every surrender for life in taile or in Fee as well as upon discent and that in nature of a hariot custome at the Common Law and by the custome of divers Mannors the Lord hath no hariot of some of his Tenants within the Mannor and of some he hath The Lord may seise for hariot custome the hariot and is to seise that of the Goods of the dead and for hariot service to distraine upon the land If a Copy-holder of Inheritance of lands hariotable lying in extreamity upon his bed surrender into the hands of two Tenants to the use of his eldest Son in Fee and dies before that surrender be presented in the Court the Lord shall have hariot but if this surrender had been presented in Court and the eldest Son had been aâ—â—â—ted accordingly and after the Father had dyed there the Lord shall have no hariot unlesse it be hariot custome due to him onely by custome upon every alteration and exchange of Tenant for life and in Fee The same Law is if the Father copy-holder of Land hariotable surrencer in the Lords Court to the use of himself for life of the Son of his Daughter for life and after to the use of the Son of his Daughter and to the Heires of the Son and they are admitted accordingly and after the Father dies the Lord shal not have hariot unlesse it be hariot by custome due upon every Estate for life in tail and fee upon every surrender which is due by the custome but in this case if the hariot were due by the death of his Tenants and discends to the heire only then the Lord shall not have the hariot If the Father being a Copy-holder of Inheritance or by the custome the Lord is to have Hariot upon every discent only and he lying in extreames surrenders into the hands of the Steward to the use of his eldest Son and his heirs and dies and after that surrender is presented in Court and he is admitted accordingly it seems that the Lord there shall have a hariot But if the Father being Copy-holder of Inheritance or by the custome the Lord having Hariot upon every discent only surrender in full Court to the use of his eldest Son and his heirs and the eldest Son is admitted accordingly and after the Father dies there the Lord shall have no Hariot So it seems if in this case the Father surrender to the use of himselfe for life the remainder to the use of his eldest Son and his heires and they both are admitted accordingly and after the Father dies there the Lord shall not have hariot 34 Ed. 3. Statham If my Tenant which holds of me by a hariot alien parcell of that land to another every of them is charged to me of a hariot for that it is intire and though the Tenant purchase the land again yet if I be seised of a hariot by another man I shall have of him for every portion a hariot and that by the opinion of Wilby and Sharde 4 Ed. 3. Statham Tit. Avowrie one avowes for hariot Plaintiff demands Judgement for that he doth not allead â—â—eisin of the hariot and it seemes of hariot custome he need not to alleadge Seisin but otherwise it is of hariot service 6 Ed. 3. Statham Tit. avowrie if one avow for hariot custome he shall recite the custome in his Avowrie 24 Ed. 3. Statham
Tit. avowrie if one avow for hariot and saith that he and his Ancestors have been seised time out of minde yet he ought to alleadge a speciall Seisin in him or in one of his Ancestors and to say by whose hand c. 38 Ed. 3. Tit. 2. Br. It seems where the Tenant holds by hariot service that is if he be to have the best Beast the Lord may seise as well as for hariot custome for that it is certaine and for hariot custome he shall alwaies seise and not distrain for that that the property is in the Lord 27 Book of Ass 24. 8 H. 7. f. 10. 13 Ed. 3. Tit. 9. Brook For hariot custome he may have an action against whosoever conveyes it away and a Detinue against him which denies it for he hath property in the thing and the Law adjudgeth possession in him without seisure as of the Body of a ward which is transitory Time of H. 8. for hariot custome a man alwaies shall seise and if it be conveyed away he may have a Detinue and for hariot service as here conveyed away he may distraine but not for hariot custome 3 H. 6. f. 45. Trespasse the Defendant prescribes in him and his Ancestors Tenants of the Mannor of D. to have the best Beast for hariot upon every surrender and the Horse taken was the best the Plaintiff saith that the property of the Horse was not in the Tenant time of the surrender and a good Plea Livery of Seisin For that that you give in the second Article of Charge to know what Estates your Tenants have for that something shall be said afterwards which is an Estate in Fee and which in taile and also of other Estates and first for that to Feaffments Gifts and Estates made in taile and for life by you to others there ought to be Livery of Seisin let us see what is good Livery upon the Land and what within the view of the Land and what not IF Liver 〈◊〉 made and the Termor for years be not outed this is not good 21 H. 7. fol. 7.19 H. 6.56.2 Ass 1.5 Ass the last and 7. Ass 3. And he to whom the Livery is made stay a night with the Termor and not out the Termor yet this is not good Britton fol. 102. and 29 Ass 60. If Livery be made and the Termor be not put out upon the Livery or that he attorn it is not good 5 Book of Ass 8. If a Feoffment be of two Mannors whereof one is in Lease for yeares and the Livery is made in the other which is not in Lease this in Lease doth not passe for there shall be Livery made in that also or otherwise the Termor ought to attorn 11 H. 4. fol. 71. To deliver a peice of Earth of the land to him which takes the Seisin is a good Livery 2 Book of Assises 1. The Sheriffe may deliver Seisin of Rent recovered by Beasts Grasse or Clod and it is good 40 Ed. 3. fol. 22. Perkins 42. Office is granted in Forrest to which land is belonging and Seisin is delivered by a Horn and an Axe and is good 1 H. 7 f. 17. the old print A man makes a Feoffment to a Woman and when he comes to the Church doore to be married he delivers to her the Deed and there shews to her the land and is a good Livery 39 Ed. 3. fol. 11 and 38. Ass 22. Where one is sick in his House and delivers the Deed of Feoffment in name of Seisin it is good Perk. fol. 48 A Deed by I have given and granted or I have given only sufficeth to a Disseisor if he deliver to him the Deed without other Livery for it is a confirmation Littleton 121. One lying sick in his House makes a Charter of that and saith take and keep according to the Charter and he takes Seisin and the Feoffor be not out and yet good so it is in the same case if he say take Seisin and command all the Servants to attend on him 27 Book of Ass 61. Perkins f. 43.44 43 Ass 20. There may be Livery within the view as I deliver to the Feoffee a Deed of feoffment and I say that I will that you shall enter into the same lands and have them according to the Deed it is good if you enter Perk. fol. 43. and 18 H. 6. f. 16. The Father infeoffs his youngest Son of a◠House and the youngest Son come into the Church of the same town where the House is and saith in the presence of the Parishioners Father so frankly as you have given to me the House I give that to you and the Father goes to the house and enters and dies seised and is good and the eldest Son shall have that and not the youngest 39 Ass 12. Per kins f. 44. the same and 42 Ed. 3. Feoffment 54. Note that it is notorious and this the reason The Father makes a Feoffment and a Letter of Attorney to L. to make Livery and before the Deed delivered commands L. to make Livery upon condition and he makes that upon condition it is good 28 Book of Ass 439. A man makes a Feoffment by Deed simply but he delivers Seisin upon condition the Feostee takes it conditionally and not by the Deed 8 H. 5. fol. 8.18 Ed. 3. fol. 19. and 18 Ed. 4. f. 12. Littleton fol. 83. The Father for advancing his youngest Son makes to him a Charter and a Letter of Attorney when he was of sound memory and after by sicknesse cometh mad so that he was dumb at the time of the seisin delivered but by all signes agreed and this is a good livery 25 Book of Assises 4. If a Lease be made for life by Deed and the Lessor saith Go you and enter but no livery is made though that he enter yet by Newton hee hath but an Estate at will and no Freehold 18 H. 6. fol. 16. When one makes a Feoffment and delivers the Deed to the Feoffee and said God give you joy this is a good livery 41 Ed. 3. fol. 17. Abridg. Ass fol. 94. and 41 Ass 10. but it seems it was within the view Feoffment is good of Lands by Deed and delivering the Deed within the view of the Land so that the Feaffee enters accordingly but if the Feoffor dye before the Feoffee enter then the Land discends and the Feoffment shall take no effect Time H. 8. B. Feoffments 70. A man makes a Feoffment to another and delivers to him the Deed in the Land or upon the Land this is a good Feoffment by all the Court 35 H. 8. Brook Feoffments 74. Note by these is to be gathered that where the Feoffor delivers the Deed within sight of the Land to the Feoffee and he enter this is a good livery and seisin but if hee doe not deliver the Deed within the view nor use words within the view which may countervaile livery I suppose free-hold doth not passe If a Lease be made for
the Issue shall not pay releif when tenant for life dyes he shall pay releif 5 Ed. 4. fol. 10. If the Heir of full age recover In a whilest he was not Compos mentis or in dum fuit infra aetatem or if his Father had made a feoffment upon condition and he enters for the condition broken he shall pay releife 11. H. 7. fol. 12. Tenant in fee farme upon discent shall pay no releife for that that his rent is entended the very value of the Land 45. Ed. 3. tit 8. B. old tenures the same 20. H. 7. fol. 1. Debt lyeth for releife by Brud Debt is said lies by the Lord for releife but it is held cleer that Executors of the Lord shall have debt for releife So it seems one may have debt for releife or distrain 39. H. 6. and 32. H. 8. Brook Releife 11. Notwithstanding that by will in writing Lands are devised to another in fee yet the Lord may have releife and harriots and may distrain for releife and hariott as he might have done before the making of that statute and though this statute never had been made 32. H. 8. ch 1. Note that releife shall be paid to the Lord which hath an estate in fee or in tail for life or for years for that it is a Perque Site incident to the Lordship and if the Lord dyes his Executors shall have the releife due to him The tenant shall pay but once releife in his life time he shall not pay again by change of the Lord Britton fol. 177. and Bracton accordingly and sayes but once as long as the Heir lasteth 34. Ed. 1. Tit. Anowrie 233. fol. 1. If the releife be due to the Lord and the Lord dyes that shall be a chattell to his Executors 14. H. 4. fol. 8. If one be enfeoffed before the statute to hold by a penny for all services exactions and all demands yet releife shall be due by Sherne Magna Carta chap. 2. If any holds of the King in cheife and owes us releif he shall have his Inheritance by the old releif that is the Heir or heirs of an Earl of a whole County by a 100 l. the Heir or heirs of a Baron of a whole barony by a 100 marks the Heir or heirs of a Knight of a whole Knights fee 100 s. at the most and who lesse hath shall give lesse according to the old custome of the Fee Magna Charta chap. 3. After the Heir be in Ward when he comes to age that is 21 years he shall have his Inheritance without Releife By Glanvile and by Littleton for a whole service of a Knight he shall pay for Releife a 100. s. and to that agrees the Stat. of Mag. Char. Chap. 2. and the Statute is over the heire or heires of a whole Barony 100. Markes and the heire or heires of an Earle of a whole Earldome 100 l. and Litâ—f 35. saith that Tenant by grand Serjeanty shall pay for releife the value of his Land by a yeare beyond all reprises If any hold of any Escheat as of the honour of Wallingford Notingham Bullen and other Escheats which are in our hand and are Baronies and dies his heire shall give no other releife then the Barons did Magna Charta chap. 31. Note that hariot service is to be paid by the common Law upon discent as Releife is to be paid upon difcent and for that where Releife shall be paid let us see where one shall be said in by discent in the title of discent before VVhere land is given to be held by Homage and having his services rendring yearly foure Markes for all services and demands yet releife shall be paid for releife is a thing which growes by reason of services and is incident 18 E. 3. tit avowrie 99. Bracton saith he shall give releife which succeeds by hereditary right but not he that purchaseth All Purchasors are quit of releife all their lives of land purchased and also those which held only for life and also those who have married VVives which have been in ward to their Lords nor he which was in ward to the Lord ought to pay releife Brit. 177. If Mesnalty discend to a Tenant he shall pay the releife if he be of full age holds by Knights service and if within age shall be in ward where a Reversion of Tenant for life discends to one he shall pay releife but otherwise it is if one Tenant levy a Fine to one and his heirs which dies before entry and after the heire of the Conisee hath execution by Scire facias he shal not pay releif so it is if the Father recover in value or in Mortdancester and dies and the heire hath Execution by Scire facias shall not pay releife 11 H. 7. f. 12. No feoffment upon collusion nor use shall defeate releif nor any other fraudulent gift Rastall Uses 7. Rastall Fraud 1. Covin for they are uses executed releife shall be paid as well as of lands by the Statute 19 H. 7. chap. 15. and also by the Statute of 13. Eliz. chap. 5. All fraudulent acts are void against their Lords as touching their Hariots and releifs If there are two Daughters one within age and in ward and the other of full age she shall pay releif for her part Abbot nor Corporation shall not pay releife after the death of the Predecessor for that that they are in by election and not by discent and the Corporation doth not dye 8 R. 2. Tit. 14. But by that booke one by prescription or Deed may have releife after the death of every Abbot or Prior Statham 3 Ed. 3. Tit. 162. Opinion is that after receit of Homage a man cannot avow for releife But Glanvile and Lit. say that it is due immediately after full age that is if they hold by Knights service and by Lit. if they held in Socage it is due forthwith as before it is said if he passe the age of foureteen yeares 15 Ed. 3. Tit. 5. Britton fol. 178. No releife be given before that the Lord be seised of his Homage nor before that the Lord have delivered him the writings of his Heritage if he have them Magna Charta chap. 3. The Lord shall not have the custody before he hath taken homage but the Law is contrary at this day see Title fealty Br. 9. Suit OF making Suit truly c. none that by Deed is infeofted c. doth not make Suit to Court unlesse it be specified in the Deed unlesse he and his Ancestors have used to make it and if he be distrained to make it in another manner it is against the form of the Feoffment and where the writing is to hold by certaine service for all services as to hold by Fealty for all services shall make no suit Marlb chap. 9. And over Rastall Suit 1. If the Inheritance hath more heires let it be appointed that he that hath the eldest part shall only make suit for
himselfe and partakers and let them contribute the same Law is of Joynt-Tenants Marlb chap. 9. Fitzh 162. C. Where two Coparceners make partition and one aliens her part to one and the other heâ— part to another the Lord may distraine which he pleaseth but if one make the suit that shall discharge the other 24 Ed. 3. Tit. Br. 4. By Tremaile it is said that suit reall is due by reason of the Body that is for that that the Body is resident within the precinct and not by reason of Free-hold and this is due at the Courts Royall as at the Courts of the King or Queen as at Leets and VVapontakes which are the Courts of the King or Queen and suit service is by reason of Free-hold that is by reason of their Tenure that is for that they hold of their Lord by suit to his Court 45 Ed. 3. f. 23. If a man have lands within the Precinct of divers Leets and be resident within only one he oweth Suit but to that and if he be distrained to come to another Leet he shall have a speciall Writ that he shall not distraine him and that is by Marlebridge chap. 10. Fitzh f. 160. B. If there be three or foure Coparceners and the eldest makes the Suit shee shall have a Contributione facienda Rastall County 2. against the others to be Contributaries the same Law is where one Joynt-Tenant makes the Suit for all by agreement Fitzh f. 162. C. and 1 H. 4. f. 3. A. If there be two Coparceners for which one Suit ought to be made and the eldest Sister will not make the Suit then the Lord may distraine the other Coparcener as well as the eldest and then she shall have a Writ against the eldest Sister to compell her to make the Suit Fitzh f 159. E. Fitzh 159. C. If lands discend to many Coparceners of which one Suit ought to be made if the Land be held of the King then all the Coparceners ought to make the Suit as well after partition as before during the time that one is in the Kings Ward The Signiory is suspended of another Lord which cannot distraine And so during the time cannot distraine for Suit to the Lords Court 13 H. 7. f. 15. Fitzh f. 158. C. Fitzh 158. Where the Tenant holds his Land to make Suit to the County-Court or to the Hundred or other Court-baron wapontake or Leet and he that ought to make the Suit is in ward to the King or to his Committee his Guardian shall have a Writ De exoneratione Secte if he be distrained Fitzh 157. a. And if he do the King or the Committee shall have a Writ of Exoneratione secte to surcease Fatzh 157. A. and 2 Ed. 6. chap. 8. Doth not alter in the common Law in this point for suit to the Court 4 Ed. 4. f. 23. and see 20 Book Ass 17. that the Signiory is suspended for the time Where one in ward of the King and oweth suit to another Lord which distraines him the King or his Committee may have a VVrit of Exoneratione secte during the time that he is in ward Fitzh 158. a. If the King hath Lands by Forfeiture or by Escheat and lets them for life or at will and the Lord of whom they are held will distraine for suit to his Court the Lessee shall have a speciall VVrit to surcease Fitzh f. 159. A. If Lands held of the King discends to many Coparceners then all the Coparceners ought to make the Suit as well after partition as before Fitzh f. 159. C. If Tenant of the King alien parcell of the Land held of him yet the King or his Officers may distraine one of the Tenants for all the Rent for though West 3. chap. 3. be that the Feoffee shall hold for that part that the Statute shall not binde the King but another person cannot distraine but for the rate Fitzh f. 335. a. But I say if one holds two Acres by suit of Court and aliens one Acre the Feostor and Feoffee shall make both suites 43 Ed. 3. f. 4. b. If two are severally infeoffed by one Tenant which holds of one Mannor of the King every of them shall make suit 45 Ed. 3. Tit. Barr 211. Suit by two is not severable for if the Lord purchase parcell the whole suit is extinct by Mowbray 40 Ed. 3. fol. 40. fee Littleton fol. 49. for suit cannot be apportioned for that that there cannot be contribution for the Lord cannot c. VVhere one holds forty Acres by Fealty and Rent and the Lord purchase twenty Acres of that the Rentin Assise shall be apportioned 4 Book of Ass 5.3 Book of Ass 18. Littleton f. 49. Time of Ed. 1. Tit. Avowrie 226. VVhere ten Acres are held by Fealty and Rent and these ten Acres come into severall hands the Lord may distraine every one but for his portion by West 3. chap. 3. for that is there shall depart from the cheife Lord that part of the service to be taken by the hands of the Feoffee according to the quantity of the Land Rent service shall be according to the value of the land purchased and not according to the quantity 18 E. 2. tit Rastall Attorney 4. Avowrie 218. Lord and Tenant and is seised of two Courts that is one in D. and another in S. and the Tenant holds of the Mannor of D. by suite to this Court and by agreement of the Lord the Tenant makes his suit to the Mannor of S. aster that the Tenant cannot have against the form of the Feoffment and disagree but the Lord may disagree and distraine him to come to his Court of D. againe when he pleaseth though it be that he hath come to S. by the agreement by forty yeares or more Nat. Bre. 106. 3 Ed. 3. Tit. Action upon the case 24. Partition is between two Coparceners of a Mannor that is that one shall have the Demesnes and the other the Services Suit of Court is suspended but if one dies without Issue the suit is revived 12 H. 4. f. 25. If land be held by suit and parcell of that comes to the Lord the intire suit is extinct and determined for the Lord cannot make contribution of suit to his own Court nor take that 34 Ass 15. Rastall Attorney 1. Every Free-man freely may make an Attorney to follow his suits for him to his Lords Court Merton chap. 10. and Fitzh f. 156. E. Contra formam Feoffamenti lies Where a man infeoffs another before the Statute of Qua emptores terrarum to hold of him by Homage Fealty and Rent by Deed and after he will distraine for suit or other services to be made by him and none shall have this Writ but the Feoffee or his heires Fitzh 162. E. Nat. Bre. f. 106. If the Lord confirm the Estate of his Tenant to hold by certaine service the Tenant shall have a contra formam Feoffamenti upon this confirmation 10 H. 3. tit avowrie
heires males adjudged that the Grant is void for that that the King is deceived in his Grant for this sounds in Fee simple whereas it is sayd the King intended but an Estate taile which is not so expressed And therefore now he is but Tenant at will and contrary in the case of a common person For Littleton fol. 6. saith Lands are given to another to have and to hold to him and his heires Males or to his heires Females or to whom the gift is made hath Fee in a common persons case for that there is no limitation in the gift of what body 6 H. 7. fol. 13. If Office be granted to one for life and after the King grants that to another and doth not recite the first Grant the King is deceived and it seemes that the second Grant is voyd 1 H. 7. fol. 13. Where the King of meer motion forgave A B of all his Debts and was Sheriff and after in the Exchequer he pleads that as Sheriff and held for that that it is of his owne motion and is generall yet he may plead that and it is a good Barr Otherwise it is where it is by suggestion for where it is of meer motion it is intended the King is not deceived but it seems if the King pardon one all his Debts he as an Executor shall not take advantage of that The same Law is if two be indebted and the King pardon one the other shall not take advanrage of that for it was the onely debt of him 9 H. 7. fol. 2. Where a Grant of the Kings is of his meer motion and the King recites that where he hath granted by his Patent he ratifies and confirmes and over We give and grant this give and grant is not but voyd for the King is Estopped to say the contrary but that he granted and ratified that but if it were as We are informed he is not Estopped and the King there is deceived And where it is of his meer motion recyted that he holds for life he is Estopped to say contrary but if it were as We are informed he is not Estopped and the King is deceived and he holds not for life 3 H. 8. fol. 7. held VVhere a Grant of the King is not onely of his meere motion but also of suggestion there if any part of the suggestion be not true the whole Grant is voyd 8 H. 7. fol. 1. VVhere the King upon information of the party Grants a Mannor which he hath by forfeiture and hath not that by forfeiture it is voyd for he is deceived So it is sayd where the King grants reversion where there is no reversion he is deceived and voyd 27 H. 8. tit Patents 100. It is sayd for Law that a false consideration in letters Patents shall not avoyd them as where the King for ten pounds to him payd gave such Land and the ten pounds is not payd the Patent is not void and shall not be repealed Contrary of Patent granted upon false surmise as to falsifie that the Land came to the King by the attainder of J. S. which is not true or such like 26 H. 8. fol. 1. If the King grants Lands to J. S. and recites for good service he hath done he grants and it is not true yet the Grant is good though the consideration is false 27 H. 8. fol. 33. by 6 H. 8. fol. 15. Will That the second Patent of an Office shall be voyd where another Patent is made before during the will of the King If mention and recytall be not made in the second Patent of the first Patent made at the will of the King if the Officer hath Fee it is voyd otherwise it is if hee have no Fee as it seemes 3 H. 7. fol. the last 6 H. 7. fol. 13. the same Where the remainder in Fee depends upon determination of Estate and where upon Condition and where upon Contingent HUsband and his VVife seised in right of his VVife in taile the Husband enfeoffs other two so long as J. S. and seven other persons live together and if it happen any of them to dye that then the remainder to the Husband and his VVife and to the heires of the VVife and J.S. dyes and the Husband and the VVife enter as they may for the remainder depends upon determination of Estate and not upon condition for death is certaine and for that the Estate is determined 18 H. 8. fol. 3. 18 Ed. 3. fol. 2. A Fine was levyed to the Husband and his VVife and to their heies Males of their two bodies begotten so that if the Husband dyed without heire Male that that should remaine to the right heires of the Husband and is received for that doth not depend upon condition but upon a limitation upon contingent of death which is certaine 27 H. 8. fol. 28. A Fine upon grant and render by which the Conisee grants and renders to the Conisor the Lands in taile upon condition that the Conisor and his heires shall carry the Standard of the Conisee in Battell and if the Conisor or his heires faile that then that shall remaine to a stranger this depends upon a condition and by Fitzherbert Fine cannot be taken upon a condition but if it be taken it is good And by Fitzherbert the Fee is in the stranger forthwith before the Tenant for life dyes otherwise it takes no effect for this word that then it shall remaine referrs to the possession of the Lands that is that then the possession of the Land after the death of the Tenant for life should remaine but if one let for life upon condition that if he dye c. the remainder to a stranger that is in him presently Plowdens Commentaries fol. 487. Nichols Case If a Lease be made upon condition that if the Lessee pay certaine Moneys within the tearme that he shall have it in Fee he hath no fee forthwith but upon the payment but it seemes this varies from the remainder If a man makes a Lease for life upon condition that if the Lessor dye without Issue that then the Lessee shall have fee the Lessee enters into Religion and after the Lessor dyes without Issue and after the Lessee is drawne out of Religion he shall not have fee in so much that at the time of the condition the fee could norvest in him 21 H. 7. fol. 11. Gift is in taile upon condition that if he alien in Fee that his Estate shall cease and that this shall remaine to a stranger it is not good for an Estate of Inheritance cannot cease also it cannot remaine without particular Estate and it cannot be upon a condition repugnant Where your Tenant hath the fee in him in expectancy and not executed in him and where it is executed in him A Lease to the Father for life the remainder to the eldest Son in taile the remainder to the right heires of the Father the Father dyes and the eldest Son dyes
in the Debet and Solet Fitzherbert 134 C shall not have a VVrit of Rationabilibus divisis which is a VVrit of Right Fitzh 10. D. The issue in tail shall not be estopped by Seisin of more rent in the time of his father and for that he shall not have a Ne injuste vexes but may avoid that in Avowrie Fitzh fol. 9. If Tenant in tail hath Issue two Daughters and one enters in all the other shall have a Formedon and not Nuper obiit nor Rationabili parte Fitzh 39. If Tenant in fee of an advowson be disturbed he shall have a Writ of Right of advowson But Tenant in tail of advowson if he be disturbed shall have a Quare Impedit and not a Right of advowson Fitzh 105. S. If Tenant in tail be barred in a Formedon by false verdict and after releases and dies his heir shall have Attaint Fitzh 158. L. The Issue in tail shall have Detinue against the Discontinuee for the deed by which the land was given in tail Fitzh 155. If Tenant in tail lose by default and dies without Issue he shall not have quod ei deforceat but a formedon 7 H. 4. fol. 48. Tenant in tail before the Statute had fee conditional and now by the Statute hath tail and for that shall not forfeit for Treason nor for Felonie but that the Issue shall inherit but by the Statute now he shall forfeit for Treason Nat. bre fol. 102. If tenant in tail be attaint for Felonie his Issue shall inherit 12 H. 4. f. 3. If tenant in tail forfeit his land his Issue shall inherit and yet his wife shall not be endowed by Hank Litt. fol. 11. If a man be seised of land and commits fellonie and after aliens and after is attaint his wife shall have a Writ of Dower against the Feoffee by Navisor But if it be escheated to the King or Lord she shall have no Writ of Dower see 8 Ed. 3. contrary in the like case Nat. Brevium fol. 101. If tenant in tail commit felony for which he is attaint the King shall have escheat for his life 5 6 Ed. 6. cap. 11. VVhere the Husband commits high treason the VVife shall not be received to demand her Dower Perkins fol. 61. If tenant in general tail takes a VVife and hath Issue by the same VVife and the Husband is attaint of felonie and dies his VVife shall not be endowed and yet by the Statute of Westm 2. cap. 1. the Issue shall inherit Stamf. fol. 194. By the Common-Law the offender in felonie or treason shall forfeit the title that his VVife shall have by the marriage to be endowed of the land But by the Statute of 1 Ed. 6. cap. 12. though any person be attaint convict or outlawed of any misprision of treason murther or felonie yet their VVives shall be endowed But by 5 6 Ed. 8. cap. 11. it is otherwise of treason as afore is said see 5. Eliz. cap. 1. cap. 11. 18 Eliz. cap. 1. for certain treasons 19 Ed. 2. tit 61. Fitzh Before the Statute of West 1. after Issue had tenant in tail hath power to alien but not before Issue had 4 Ed. 3. tit 22. Fitzh Land given in special tail to have to them in fee and if they die without Issue of their body that the land shall revert c. this is adjudged a special intail 24 Ed. 3. tit 4. Fitzh If lands be given to two Husbands and their VVives and to the heirs of their bodies begotten it is held clearly that this is a several intail that their Issues shall have several actions Littleton fol. 52. If lands be given to two men and to their heirs of their two bodies begotten the Donees have joynt estate for their two lives and yet have several inheritances that the Issue of one shall have one half and the Issue of the other the other half 8 book of Assise 33 the same 30 book of Assise 9 by Shard If the Ancestor at one time was seised of an estate tail and after purchaseth in fee and after charges the land and dies and his issue enters he shall hold it discharged 18 Ed 2 tit 856. Lands given to one and the heirs of his body to be begotten is a good intail and the issue before as after shall inherit 4 Ed 2 tit 22 Lands given to the Husband and his VVife and to the heirs of their bodies to have to them and their heirs and if they die without heirs of their body that the land shall revert and adjudged a special intail 2 Ed. 4. fol. 6. Land is given in tail to be held of the cheif Lords it is a void Tenendum and shall hold of the Giver 3 book of Assise 8. 4 H. 6. fol. 19. 27 H. 8. f. 31. If Tenant of the King makes a gift in tail without license the King may choose the giver or the to whom it is given for his Tenant but if he take the ward of one he shall not have the other 5 H. 4. f. 3. Where lands was given to Eme to have to the said Eme and the heirs of the body of Iohn late her Husband the remainder to the right heirs of Eme and for that the heirs of John were not named before the habendum he hath nothing but Eme hath an intail c. 12. H. 4. f. 2. Where lands was given to J.M. and to the heirs of the body of Eliz. late his Wife begotten and though Eliz. was dead at the time of the gift yet this is a good intail that W. the issue of J.M. of the body of Eliz. shall inherit Littleton 6. If a man have issue a Son and dies and land is given to the Son and to the heirs of the body of his Father begotten this is a good intail and yet the Father was dead at the time of the Gift What Acts by Tenant in tail shall bind his issue and others and what not TEnant in tail the reversion to the King Rastall Recoveries 4. makes a feoffment and dies his issue enters and is Tenant in tail for he cannot discontinue And 34. H. 8. chap. 20. If he suffer common Recovery or Voucher where the reversion is in the King this shall not bind the issue 40. Ass 36. Fine levied by tenant in tail in possession reversion Rastall Proclam 3. remainder or in use of full age with Proclamation according to the Statute of 4. H. 7. chap. 12. immediately after the Fine levied and Ingrossed and Proclamations made shall be a Barr against the Tenant in tail and also against his heirs claiming the tail But if Tenant in tail the reversion in the King levie such a fine Rastall Fines 9. this is in such force and effect as it was before the making of this Statute and not otherwise 32 H. 8. chap. 36. See 30 H. 8. tit Barr the 97. Assurance 6. Tenant in tail is bound in a recognisance and execution is sued by Elegit
and this land intailed is delivered in execution and the Tenant in tail dies after that his issue may enter notwithstanding this Act without suing Audita querela 38 book of Assisse 5. Tenant in tail grants a rent charge and dies the issue enters and enfeoffes I. S. and takes back an estate the charge is determined for by the entry of the issue the rent was extinct notwithstanding execution upon the Statute was executed against the Feoffee of the Tenant in tail and not against his issue 14 Book of Assises 4. Inquire and see the case of Trapps Plow Com. f. 436. 5 H. 7. f. 12. Rent charge is granted by Tenant in tail and after he dies this is determined If issue in tail be outlawed of felony in the life time of his father and hath a Charter of pardon in the life time of his father and after the father dies the issue may enter otherwise it is if the Charter were granted after the death of the father for then if he enter the King shall seise for his life but his issue may enter 29 Book of Assises 60. If Tenant in tail be bound in a Statute Merchant and hath issue and dies and execution is sued against the issue this is disseisin to him 17 book of Assise 21. If Tenant in tail grant a Rent charge and dies the Rent is determined and shall not bind the issue 5 H. 7. f. 14. B. 38 Ed. 3. tit 13. Tenant in tail chargeth the land enters into a Statute or Recognizance and dies it shall be void against the issue If one recover against the Tenant in tail and the Tenant in tail dies before he which recovers enters or hath execution the issue in tail may enter and is not bound by that 7 H. 4. f. 17. B. Littleton f. 155. Tenant in tail of a reversion acknowledgeth that by fine to one with warranty and dies yet this shall not bind his issue for it is no discontinuance by the Common-Law 9 Ed. 4. f. 19. But by 32 H. 8. chap. 36. this fine with Proclamation is now a barr after the year Tenant in taile of Rent grants that to one with warranty and dies this shall not binde the Issue for it is no discontinuance but at pleasure that is if he bring a Formedon and then warranty with Assets is a Barr 15 Ed. 4. fol. 6. 21 H. 7. fol. 10. and 13 H. 7. fol. 10. the same If the Tenant in taile exchange or devise his land in taile and dies this shall not binde the Issue but that he may enter for it is no discontinuance 9 Ed. 4. fol. 22. Tenant in taile grants a Rent charge for release of right in the Land this shall binde his Issue after his death 44 Ed. 3. f. 22. 8 H. 6.23 If Tenant in taile be attaint of Felony and dies that shall not bind the Issue but that he may enter by the common Law 12 H. 4. f. 3. Nat. Bre. f. 102. the same Tenant in taile of full age le ts for 21. yeares according to the Statute of 32 H. 8. chap. 28. reserving the ancient Rent or more and dies this is a good Lease and shall binde the Issue If Tenant in taile let for 22. yeares and dies this shall not binde his Issue but he may enter and our the Lessee but yet he may have covenant against the Excutors of Tenant in taâ—le though it were not warranted in the Indenture 48 Ed. 3. fol. 2. 18 Ed. 3. Tit. 13. the same If the father Tenant in taile of land suffers recovery and execution and dies or cause collaterall warranty to he made one or other shall binde the Issue untill c. for it is discontinuance 3 H. 7. f. 13. The Issue in taile in Formedon may falsifie a recovery by default had against his Father and also where it is by fained action as there was a release made to his Father not pleaded and so recovery joynt Littleton fol. 155 The Issue in taile is not bound by a recovery against his Father but that he may say that his Father discontinued and took another intaile and so was seised of another intaile then he demanded time of the recovery 12 Ed. 4. fol. 15. and 13 Ed. 4. f. 1. the same The Issue in taile is not bound by recovery against his Father if his Father were not Tenant but one J.S. 14 Ed. 4. fol. 2. and fee Plowd Com. fol. 1. the case of Mansell If Tenant in tail infeoffs one against whom a Precipe quod reddat is brought or an entry in the Post and he voucheth the Tenant in taile which made the Feoffment and he over the common Vouchee this double Voucher is the most sure conveyance to Barr the Issue by reason of the recompence in value and this is the common conveyance at this Day where there is an Estate taile and this barrs the Issue in taile forthwith and also is a Barr to him which hath over that in remainder in taile by reason of the recompence which the first Tenant in taile hath by his Voucher 13 Ed. 4. f. 1. and 27 H. 8. Tit. Recovery in value 28. Recovery upon Voucher against Tenant in taile is a Barr by reason of the recompence in value and recovery by Writ of Entry in the Post by single Voucher doth but give the Estate which the Tenant in taile hath in possession at the time of the recovery so that if he were in of another Estate then in taile there the taile is not bound against the Heire 23 H. 8. Tit. 32. Note that a Fine levied by Tenant in taile where the remainder is to another in taile with Proclamations if he dye without Issue he in remainder hath five yeares to make his claime and for that recovery is better for it is a Barr forthwith 30 H. 8. Tit. Recovery in value 30. Of Lands in taile the Issue in taile shall be bound and charged of these Lands to the payment of Debt which his Ancestor ought by obligation made to the King as I take it 33 H. 8. chap. 39. inquire Land that a woman holds in Dower of her Husbands shall be charged where the Husband was indebted to the King if the Heires or Executors have not sufficient but where the title of Dower was before the Debt to the King otherwise it is Fitzh fol. 150. Q. It seems that the Heire in taile shall be charged for Debt due in the Exchequer to the King by his Father if the Executors have not sufficient Fitzh fol. 117. C. Notwithstanding if Tenant in taile Debtor of the King in the Exchequer dy his Issue shall not be charged as it is held in Plowd Comment fol. 249. See there 440. For Debt of the King against the Heire in Fee 32 H. 8. Tit. Discont 32. Recovery against the Tenant in taile the Reversion or remainder in the King in Fee shall binde the Tenant in taile and the Issue in taile but shall not binde the King but now
in their life time and it seemes that after the death of R. and A. without Issue the Land ought to revert to J. See 45 Ed. 1. fol. 20. Tenant after possibility of Issue extinct TEnant after possibility of Issue extinct shall not have ayd of him in reversion but he in remainder shall be received upon his default 2 H. 4. fol. 17. 7 H. 4. f. 10 11 H. 4. fol. 14. the same Time of Ed. 1. Fitzh wa st 125. shall not be punished in wast Nor shall be compelled to attorn in a Quid juris clamat 46 Ed. 3.25 39 Ed. 3. the same and 12 Ed. 4. fol. 3. the same If he alien he in reversion may enter for forfeiture 45 Ed. 3.25 11. H. 4. f. 14. the same 10 H. 6. f. 1 and 39 Ed. 3. f. 20. Tenant after possibility of Issue extinct shall not have wast 2 H. 4. f. 21. wast doth not lie against Tenant after possibility of Issue extinct 45 Ed. 3. f. 25. He shall not have aid but if he alien he in reversion may enter for forfeiture 10 H. 6. f. 1. 39 Ed. 3. f. 20. Lit. f. 7. and 11 H. 4. f. 14. the same 39 Ed. 3. tit 17. Taile Tenant after possibility of Issue extinct which is impleaded shall not have aid of him in reversion but if he alien in Fee he in reversion may enter and shall not be compellable to attorn nor wast lies against him but if he makes default after default he in reveresion may be received Tenant by the Curtesie IF a married woman be Tenant after possibility of Issue extinct and the Fee discends from her Ancestor and she dies it is held that the Husband shall be Tenant by the curtesie 9 Ed. 4. f. 19. and 14 Ed. 3. f. 7. Husband discontinues Lands of his Wife and takes an Estate again to them in fee and hath Issue and the Wife dies then the Husband shall not be Tenant by the curtesie 9 H. 7. f. 1. If a man have Issue by his Wife Inheritrix though she had Issue a Daughter before she inherited yet he shall be Tenant by the curtesie 21 H. 3. Title Dower 198. If a woman Signioresse take her Tenant to Husband and hath Issue and dies the Husband shall not be Tenant by the curtesie of Services 1 Ed. 3. Tit. Dower 70. A man shall not be Tenant by the curtesie unlesse his VVife have possession in Deed of it but of an Advowson and Rent where she dyed before day of payment he shall be Tenant by the curtesie 21. Ed. 3. fol. 49. the same If the Issue be born living notwithstanding that he dies before he be heard cry the Husband shall be Tenant by the curtesie for the Issue shall not be taken if the Infant were heard cry after he was born but if he were born alive or not Perkins f. 89. A man seised of Land in fee is attaint of felony his Wife shall loose Dower but if the VVife seised in fee be attaint of felony and hath Issue by her Husband and she is hanged yet the Husband shal be Tenanr by the curtefie 21 Ed. 3. f. 49. A man takes a VVife seised in fee and hath Issue he commits felony for which he is attaint the King pardons him it seems he shall not be Tenant by the curtesie by reason of the Issue which he had before his attainder but if he had Issue after his pardon it is otherwise 13 H. 7. fol. 17. If a man takes a VVife seised in fee and she is attaint of Felony and hanged the King shall have the Land forthwith if the Husband were not intitled to be Tenant by the curtesie 11 H. 4. f. 19. b. Daughter and Heire endows her Mother and after takes a Husband and hath Issue and dies the Mother after dies the Husband shall not be Tenant but by the curtesie of that 8 Book of Affises 6. 3 H. 7. f. 5. If Rent discends to a Daughter which takes a Husband and she dyes before the day of payment the Husband shall be Tenant hy the curtesie Fitzh f. 149. D. A man shall not be Tenant by the curtesie of Land of the VVife unlesse the VVife have possession in Deed of that Land if it be not in a special case as of Advowson or Rent where she dies before the day of payment of the Rent Tenant in dower THE Wife after the death of her Husband shall remain in the cheife House by forty daies after the death of her Husband within which daies her Dower shall be assigned unto her unlesse before it were assigned and there shall be also assigned unto her the third part of all the Land of her Husband which was his in his life time Magna Charta chap. 7. Of Widowes which cannot have their Dowers without Suit that is that whosoever shall deforce them of their Dowries of the Tenements of which their Husbands died seised and afterwards the same Widowes by Suit recover them they shall give unto the said Widowes all their dammages according to the value of the whole Dowrie due unto them from the time of the death of their Husbands Merton chap. 1. If a Woman of her own accord leave her Husband and departeth and liveth with an Adulterer she shall for ever loose her action of recovering her Dower which was due unto her of her Husbands Tenements and be of that convicted unlesse her Husband of his own accord and without cohersion of the Church shall receive her and suffer her to dwell with him West 2. chap. 34. If the Hnsband be attaint convict or out-Lawed of Felony yet his Wife shall be indowed but if the Husband be attaint of Treason his Wife shall not be indowed by 1 Ed. 6. chap 12 5 Ed. 6. chap. 11. Where a woman shall beindowed and where not WHere the Husband Tenant of the King dies and his Wife is committed to the King during that time she shall not have Dower if she be not surprised of Dower 2 H. 4. f. 7. 6 H. 4. f. 7. It seems if a woman takes a lease by Indenture for years that during this lease she is not Dowable but if she take the Lessor to Husband and after he dies she is Dowable notwithstanding the lease 6 H. 4. fol. 7. Fitzh 149. E. the same Dower shall not be where the Husband dies having the reversion of a Free-hold that is of a reversion of an Estate for life as a man lets for life and afterwards takes a Wife and dies 2 H. 4. f. 27. 1 Ed. 6. tit Dower 89. 7 H. 6. f. 9. by June Fitzh 149. C. A woman may be endowed of a mine of Coals but she cannot make new mines for that shall be said wast Where the Estate is made to the Husband for life the remainder to another for life the remainder to the Husband in fee the Husband dies his Wife shall not have Dower unless that the Husband survive him in remainder for life 46 Ed. 3. f.
16. B. by Finchden If a lease be made of lands for years to A. the remainder to B. for life the remainder to the right heirs of B. and after B. takes a wife and dies during the term of years his Wife shall recover Dower But execution shall cease during the term of years Perkins fol. 67. A. 1 Ed. 6. tit 89. VVhere a woman is endowed of land which her Husband took in Exchange she shall not be endowed of the land given in Exchange 31 Ed. 2. tit Dower 204. 17 Ed. 2. tit Dower 162. the same VVhere the Husband holds joyntly with one and no partition made his wife shall not be endowed 8 Ed. 2. tit 167. Littleton f. 9. the same VVhere the Husband enters in Religion the heir shall inherit and yet his wife shall not be endowed for the wife may have him again out of Religion 32 Ed. 1. tit 136. Perkins f. 91. D. the same If the Husband be Tenant in common with two others in Fee and dies now his wife shall be endowed but not by metes and bounds Eitzberbert fol. 149. I Littleton fol. 9. the same If a villain takes a wife and purchaseth land and after the Lord enters and then the villain dies the wife shall be endowed 19 Ed. 2. f. 71. A woman of eight years three quarters at the death of her husband shall have no Dower Littl. 8. 12 Ed. 2. tit 159. the same A woman of the age of ten years at the death of her Husband shall be endowed 12 R. 2. tit 54. 8 R. 2. tit 122. the same VVhere the Husband hath an Office eo keep a Park to him and to his heirs his wife shall be endowed of that Pl. Com. f. 379. If the Lord enter for Mortmayn yet the wife of the Tenant shall have Dower Perk. f. 76. A. The same Law if the Lord recover against the Husband in Cessavit the Wife of the Tenant shall be endowed 34 book of Assise 15. where the Husband dies without heir and the land escheats the wife shall be endowed Tenant by the Curtesie surrenders to the Husband in reversion upon condition and enters for the condition the wife of him in reversion shall not be endowed 14. Ed 4. f. 6. VVhere a man enfeoffs one upon condition to re-enfeoff the feoffer again it behoveth that be made to a man unmarried or to a Chaplain that hath no wife for if it be to a man which hath a wife she shall be endowed 38. H. 8. tit Assurance 3.28 Book of Ass 4. the same Lands is mortgaged to the Husband and after the condition broken the Husband by agreement takes his money and dies his wife shall be endowed 42 Ed. 3. fol. 1. A woman hath title of Dower and enters upon the heir and enfeoffs him by Deed she hath given him her title of Dower included and is not now Dowable of that land 11 H. 7. f. 20. The husband Tenant in general tail makes a feoffment and takes back a special tail and his first wife dies and he takes another wife and he dies and his issue enters this second wife shall not be endowed for the heir was remitted 41 Ed. 3. f. 30. 46 Ed. 3. f. 24. the same VVhere land is given to the husband and his wife in special tail the remainder to another in tail the remainder to the right heirs of the husband and the wife dies and the husband takes another wife and dies living him in remainder the second wife shall not be endowed of that land 46 Ed. 3. f. 16. Land is given to the husband and K. his wife in special tail the remainder to the husband in general tail and K. dies without issue and the husband takes another wife and dies this second wife shall be endowed 50 Ed. 3. fol. 4. Where the husband and his wife have special tail the second wise shall not be thereof endowed 22 Ed. 3. fol. 9. B. Littleton 11. the same Where land is given to the husband and his heirs which he begets of the body of Margaret his wife which was dead at the time and he takes Eliz. and dies this second wife shall not be endowed 12 H. 4. f. 2. If a woman go away with an Adulterer into some land of her husbands and be not reconciled yet she shall not lose Dower otherwise it is if she were out of the lands of her husband 8 R. 2. tit 253. If a woman go away and dwell with an Adulterer she shall not have Dower But if she were carried away against her will and was carried 20 miles and returns and her husband dies she shall have Dower 43. Ed. 3. fol. 19. 47. Ed. 3. fol. 13. VVhere a recovery is by default or a reddition against the husband without title the wife shall have Dower 46 Ed. 3. fol. 23. VVhere a recovery is against the husband the wife is barred of Dower But if the recovery were by default it is remedied by the Statute and where by render is aided by the Common-Law and other recovery is not remedied Against whom Dower may be brought and what Assignement is good and what not WHere a Guardian in Socage endowes a Wife it seemes it is disseisin for a Writ of Dower doth not lye against a Guardian in Socage but against a Guardian by Knights service it lyeth 29 Book of Ass 68. Assignement of Dower by the Disseisor is good if it be not by Covin of the wife The same Law is by Abator or Intruder Perk. fol. 76. Assignement of Dower by the Tenant of the Freehold is good and ought to be by him 12 Ed. 3. tit 86. Perkins 78. the same Guardian in Socage cannot assigne Dower but Guardian by Knight service may 3 Ed. 3. tit 108. Perkins fol. 78 G. It appeares that Guardian by Knights service may assigne Dower Fitzh fol. 148 A. Where the Husband was seised of diverse Tenements and Manners and the Sheriff assignes the VVife which recovers one Mannor and a whole Advowson it is good for it is an infinite work to assigne part of every Acre 12 E. 4. fol. 2. If the Husband hath three Mannors and during the marriage charges them with a Rent and dyes if the wife take the third part of every Mannor she shall hold it discharged but if she take one Manner onely she shall hold two parts charged 17 Ed. 2 tit 164. It seemes it is good barr in Assignement that her Husband before the marriage granted by Deed to her a Rent in the name of Dower to which she agreed after his death 20 Ed. 4 fol. 3 in Dower but inquire Rent assigned out of Land of which she is dowable without Deed is good but out of other Land it is not 33 H. 6. fol. 2 B. Assignement of Rent out of the same Land of which she is Dowable is good barr in Dower if shee agree 7 H. 6 fol. 36. Perkins fol. 76 D. the same If a woman recover in a VVrit of Dower shee
Detinue 21 H. 6. fol. 43. is That an action of wast doth not lye against Tenant at will which makes wast but trespasse 41 Ed. 3. f. 24. Where a Miller takes more tole then he ought action upon the case lies against him and not trespasse 2 Ed. 4. f. 5. If my Servant of a shop which hath power to sell gives my Wares it seems that I shall have trespasse against the Donee Tenant at will may cut Trees seasonable but if he cut great Trees wast doth not lye but action upon the case Tenant at will of a Mine may take the Oare and sell it 12 Ed. 4. f. 8. He which holds at will hath that at the will of both and Debt lieth for the Rent reserved 20 Edw. 4. fol. 9. If the Lessee at will sow the Land and after be outed he shall have the Crop but if he be outed after the plowing and before the sowing he shall loose the Costs of plowing and the compost of that 11 H. 4. fol. 90 Tenant at sufferance Who is Tenant at sufferance and who not and what acts he may do TEnant at sufferance is where one of his own head occupies my Land and claims nothing but at my will and release to him is not good Littleton f. 108. There is no Tenant at sufferance but he which first enters by authority and Lawfully as a man lets for yeares or for anothers life and holds in further after the Lease expired or after the death of him for whose life time of H. 8. tit Tenant by copy 15. Tenant at sufferance is when Lessee for yeares after the tearm ended occupies the Land by consent of the Lessor without a Lease at will 21 H. 6. f. 42. Tenant at sufferance may distrain doing dammage upon the Land and yet release made to him is not good 4 H. 7. f. 3. and he may have trespasse Villainage For that that in the fifth Article villainage is to be inquired in Leet and in Court-Baron and is to be inquired who is Villainof the Kings Somthing shall be said touching that and first how they began and where the Lord may seise and have them and how their Goods and Chattells and other things and how contrary and how not VIllaines began after Noahs Flood that is when all things were in common and when they increased and also were taken in Battells and one kil'd another to avoid this mischeife it was ordained that none should kill another but those which they overcame should be their Villaines to use at their pleasure but not to kill them Britton f. 77. If the Villaine buy Goods and sell them or give them to another before the Lord seise them then the Lord cannot seise them nor have them otherwise it is of the Kings Villaine Littleton f. 39 Lord and Villaine the Lord is indebted to one which makes the Villaine his Executor the Villaine shall have Debt against his Lord and the Lord cannot seise and have the Goods which the Villaine hath as Executor 3 H. 4. f. 15. the same 47 Ed. 3. f. 16. Littleton f. 41. and 21 Ed. 4. f. 50. Old Tenures 2. If a Villaine dy before the Lord seise his Goods or claim by word the Lord cannot seise them not have them but his Executors 3 H. 4. f. 17. If a villaine purchase Lands and alien them before that the Lord enter or buy Goods and sells them before that the Lord seise them the Lord shal not have them Lit. f. 39. If the Lord seise Goods and deliver them to the Villain again if they be taken from him the Lord may have trespasse or take and seise them again and have them 11 H. 4. f. 2. Lit. f. 39. If he seises parcell of the Goods in name of all that suffices forâ—ll The Lord hath possession of Goods of his Villaine by Seisure of land by entry of Rent Reversion and Advowson by claim Perkins f. 6. Littleton 40. The Lord cannot seise his Villaine in the presence of the King and yet after he may have him 27 Book of Ass 49. If my Villaine Infant be in ward of one by reason that he holds of him by Knights service I may enter and seise the Infant and out the Guardian and shall have him 40 Book of Ass 7. The Lord cannot take and seise his Villaine out of the service of another which hath retained him unlesse that he hath more Servants but he may seise the Goods 39 R. 2. tit action upon the case 52. The Lord may take the Rent which a Villaine hath in possession but not a thing in action as obligation of Debt or Covenant What is infranchisement and what not IF a â—ree-man marry his she Villaine she is infranchised Little fol. 41. And that their Issue is free 46 Ed. 3. fol. 4. If a she Villaine marry a Free-man she is made free for ever and shall not be a Villaine again unlesse by a speciall act afterwards as being divorced or acknowledgeth her self a she Villain in Court of Record â—itzh fol. 78. G. 33 Ed. 3. f. 187. Statham is that shee is infranchised but during the marriage If a Villaine woman marry a Free-man she and all her Issue have a free Estate for ever and a Villaine becomes free if he marry his Mistris the same Law if a she Villaine marry her Lord Brit. f. 78. a. If a Villaine dwell in ancient Demesne of the King by a year and a day without claime he is infranchised Fitzh f. 79. A. But there held if he dwell in the ancient Demesne of another Lord then the King by a yeare and a day without claime he is not infranchised 39 H. 6. tit 20. and 39 E. 3. f. 6. If the Lord and his Villaine vouch together where the Villaine hath purchased Lands if he be not from all benefit shut up being called to warranty it is an infranchisement 33 H. 6. f. 1. The Reversion is granted to a Villaine and his Lord being Tenant for life attornes this doth not infranchise the Villaine for the Lord gives nothing to the Villaine and he cannot otherwise have the Reversion 11 H. 7. fol. 13. If a man infranchise his Villaine with the whole sequell it behoveth to be for those created and to be created some born before that infranchisement is not made free 15 H. 7. f. 14. Though the Lord make Attorney where his Villaine is Plaintiff it is no infranchisement 22 Book of Ass 4. 29 Ed. 3. f. 24. the same If the Lord suffer his Villaine to be sworn of a Jury in the Kings Court it is an infranchisment Britton fol. 83. Villaine shall not be infranchised for that his Lord sues a Recordare upon a plaint of Replegiare 5 Ed. 3. f. 187. Statham Tenant in taile of a Mannor to which is a Villaine regardant aliens the same Land to the Villaine and dies The Issue recovers the Land against the Villaine yet he may after seise the Villain and he is not infranchised notwithstanding that
504 Court-Baron And Leet how they are first ordained fol. 6. And where Suiters hold of the Mannor 7. Is incident to a Mannor 7. The order here begins to keep that 105. The charge in this here begins fol. 107. VVhat actions shall be there sued and what not 145. Capias shall not be awarded in that and which is a great Court 98. In what place it shall be held 186. VVhat is Court-baron and what of Record 187. The tryall in Court-Baron 187. Forraine matter pleaded there 187. The entries in Roll of Court-Baron here begin 186. Entries of surrender and admittances Forme of processe of execution Court of Ancient Demesne Here that begins 188. See before Ancient Demesne Court of Pipowders Is of Acts and Contracts onely within the Faire fol. 195. Court of the Marshalsey fol. 196. And the authority of that to hold Pleas fol. 127 Crosse-bows and Hand-guns fol. 28. Crow-Netts fol. 30. Customes Customes of diverse Mannors 200. It shall be reasonable according to common right and upon good consideration 201. What is good and what not 204. And who may prescribe fol. 105. It shall be taken strictly fol. 209. Damages FOR taking onely and not for retaining shall be recovered 211. In what Actions shall be recovery and in what not 211. Damages recovered in Dower fol. 314 Distresse For amerciament the Lord may distraine and for Fine or By-Law broken shall have debt or Distre 〈…〉 VVhat thing may be distrained and what not fol. 87. Discent VVhere one shall be sayd in by discent and where by purchase 212. A woman being young with child enters and see great with child and who is Bastard 213. VVhat is a possession in fee to be an impediment to the halfe blood 214. Discent and where it shall escheat fol. 214 De son tort Demesne VVhere one may plead that and where not c. fol. 216. Divorce If they have in Frank Marriage and are divorced the wife shall have all and if taile they have a free-hold by Divorce fol. 310 Double Plea See there what is a double Plea and what not fol. 441 Droit VVho hath more right and how it shall be directed 151. where after the Mise joyned judgement finall shall be given 151. Recovery in right c. fol. 496 Dower By attainder of tenant in taile where it shall be forfeited and where not 303. Third part shall be assigned to Eloppement 314. It shall not be of a reversion for life though his fee is joyned to the freehold 317. Nor it shall not be during the time of the husband being in Religion nor where be is joyntly seised 316. VVhere a villaine takes a wife it shall be under nine yeares it shall not be fol. 315 VVhere a Lord enters for Mortmaine or recovers in Cessavit the wife shall be 317. where the husband hath an estate in fee upon condition shee shall be 317. where the heire is remitted shee shall not be 317. where the husband looses by default or reddition she shall be fol. 318 Assignement by Guardian in Knights service by Disseisor Abator or Intruder good 317. Assignement by Guardian in Socage shall not be Rent assigne to the wife Rec. and yet assigne 317. Where the husband dyes seised and shee demands and hee was not ready the wife shall recover damages fol. 318. Entendment What is good by Entendment and what not fol. 443 Enquest In Leet if twelve agree it is good and a stranger may be sworne 13. In Court Baron by lesse then twelve for the Lord 13. In Leet it shall be by twelve at the least and see issue tryed in Court barâ—â— fol. 〈◊〉 Misdemeanor in drink or taking a writing fol. 225 Estray After the yeare and day and Proclamation made in the Church and Markets fol. 79 Escheat VVhere it ought and where it shall discend fol. 216 VVhere land ought fol. 217 Essoine After Issue but one Essoine 368. VVhere at two Venire fac Habeas corpora and distresse it shall be and where not 372. Action against three every one shall make Essoine severally and not after but c. 373. Of the Kings service cast in at the Distringas Jurat 374. After appearance the Tâ—nant shall not be in Assise 375. Of the service of the King the Essoine Sworne and he ought to bring in his warrant and shall loose 20 s. fol. 380 Exception of that entered and day of Essoyne fol. 280 It doth not lye for acorporation in the Scire fac fol. 381 VVhere it lyeth upon a re-summons and re-attachment and where not fol. 361. Evidence Vpon generall Issue that he had no such canse of action or no cause of action good 234. That he hath interest and an Estate good 235. Vpon general Issue he shall not have Evidence of another thing or contrary 236. VVhere the Evidence proves the substance of the Issue it is good 239. Exhortation to the Inquest Exhortation the cause that they are sworn 13. Execution What shall be and what in Court Baron and Capias is not there 227. Vpon a Recognizance and Statutes 231. Of Goods that he shall have Day of the Execution awarded of Land that hath Day of the Judgement 230. Four manner of Executions and Debt after the year 232 Fealty SHall be at the first Court and Attornement 140 Form of making Fealty 92 Who shall make that and who not 259 Felonies If Indictors of a Felon utter the Counsel of their Companions See divers manners of Felonies there 48 Forfeitures The King hath Year Day and VVaste and the Lord and Escheats 54. Of Goods onely and where not by Attainder 55. Of Lands Day of the Felony and Goods Day of the Judgement 57. And when Officer may seise 58 Formedon To a Gift first made it is not extended and Assise by Tenant in Tail where it lieth and where not 247 Shall make a Discent by all which tender Estate and the heir to every one is to sue 248. In Reverter and Discender Esplees is of the Donor and Donee in the Remainder in the Donee onely 249 Gage Law TRiall in Court Baron is by waging Law and by Assent by the Country 384. Where he shall have that in Account and where not 384 385 386. Detinue of VVritings and Obligation where he shall have his Law and where not 385. Vpon Arbitrement and Money awarded shall have his Law and not upon Statute 385. Debt for Salary for what he shall have it and for what not 385. He may where the Plaintiff fails in the Contract 185. He shall have it not shewing a Deed witnessing the Contract or Receit 388. Debt for Counsel he may have but not for Amercement in Leet 387. Where he shall save his defaule upon the Grandd Cape by waging of Law and where by Imprisonment and certain VVater 390 Garde VVho shall be in VVard and who not 250. VVhere part is in chief the King shall have all and where part Socage not all 254. Guardian cannot at this day out the Termor 256
JURISDICTIONS OR THE LAWFUL AUTHORITY OF Courts Leet Courts Baron Court of Marshallseys Court of Pypowder and Ancient Demesne TOGETHER WITH THE MOST NECESSARY Learning of Tenures and all their Incidents of Essoynes Imparlance View of all manner of Pleadings of Contracts of the nature of all sorts of Actions of Maintenance of diverse other things very profitable for all Students of Innes of Court and Chancery And a most perfect Directory for all Stewards of any the sayd Courts Heretofore writ in French by the methodically learned JOHN KITCHIN of Grays-Inne Esq And now most exactly rendred to more ample advantage in the English tongue with a demonstrative Table pointing out all matter of consequence throughout the whole Work Whereunto is added the authentick formes of all manner of Writs with their severall returnes in English very usefull for all men in this Common-wealth as they be now used LONDON Printed by T Roycroft for M Walbancke at Grays-Inne Gate and H Twyford in Vine Court in the Middle Temple 1651. TO The Students of the Innes of COURT AND CHANCERY JOHN KITCHIN wisheth happinesse TO the end no failer in the administration of Lawes from which the Common-Wealth receives its establishment may through ignorance be admitted as much as my abilities have prompted me unto for direction of such as keep Courts I have here preferred at once both to profit and censure both which I shall as justly expect as that I am confident my indeavours are neither fruitlesse nor free from Errings having neither been industriously idle nor blessed with infalibility yet such as they are I most seriously wish them to your advantage who are many of you imployed in the keeping of Court Leets Court Barons and other Courts and Jurisdictions And therefore I have here in this Book collected all such cases out of our Books of Law under such generall heads and notions which are upon any occasion to be discussed so that those who either have not the said Books at large or have them and yet want time to peruse them may here for sweatlesse labour receive satisfaction in exchange whereupon I have fixt my hopes that ignorance the naturall Mother of Errour which hath so much fostered it selfe in those imployments into which many Ignaro's have thrust themselves with ignorance and confidence of equall size will lose its no-being in Judiciall performances and that the knowledge of the Law in this kinde may prove impulsive to the Love of Justice which is alwaies the lesse regarded by how much Ignorance is her Enemy Ignoti nulla Cupido For desire and nothing are the same where the understanding is not felicitated with apprehension which here I teach as far as it is essentiall for any man Quatenus he is a Steward of Courts in which duty I wish him Jurisprudentiall for his owne Honour and the Publique benefit desiring nothing in requitall but your kinde accepctance From GRAYS INNE THE PREAMBLE FIRST before I write of the Order of Courts Leets Courts Barons you ought to consider for what cause the King was ordained of God Secondly For what cause the Law was ordained Thirdly How ancient these Courts are and for what causes and matters they were ordained and also how necessary it is that the Law be duely and truely administred in these Courts And first Fortescue leafe the 30. saith As a naturall body cannot be without a head so a Realme cannot be governed without a head which is the King And there he further saith That whensoever of many one is constituted amongst them one shall be Governour and the rest shall be governed Britton leafe the 1. saith The King is ordained of God that the Peace be kept the which cannot be well without Law And Fortescue also saith All power is of our Lord God Bracton saith also That the King is Gods Vicar upon Earth to seperate right from wrong Justice from Injustice that all which are Subjects to him should live honestly and none should hurt another but that to every man which is his owne by a rightfull contribution should be given for he is called King by well Governing Stamford leafe the first saith The King is the preserver nourisher and Defender of all his people and that by his great travell study and labour his people onely injoy their lives Lands and Goods But all those which they have in peace and tranquility and that by the Law And as the body of a man cannot live without the head but will fall downe unto the ground so the Common-wealth cannot be governed without a head which is the King Also Seneca saith Where there is not a Governour there the people will be confounded Prov. Chap. 11. Where there is not a Governour the people goe to ruine Rom. chap. 13. There is no power but of God and which are the true Powers are ordained of God The Person of the King and the Queen his Wife By the Commentaries leafe the 45. By the 7. of Edw. 2.34 The King is a Corporation See 1 H. 7. leafe 10.21 Edw. 4. Title Age it is no Plea that the King is within Age 1 Edw. 6. title 373. the King shall have his Age as Duke of Lancaster and not as King by the Commentaries leafe 213. See Stamford 10. If the King grant a Lordship to one in Fee the Grantee shall not have his Prerogative but if he grant that for life to the Queen and Prince that remaineth in the King and for that the Queen and Prince shall have Prerogative and though that the Queen is a person exempt from the King and may sue and be sued in her owne name yet that which shee hath is the Kings 1 H. 7. leafe 29. where a Reversion was to the Queen Ayd shall be of the King by Townsend and by some of both the Benches Stamford 75. Petition shall be to the King himselfe onely and not to the Queen or Prince 3. H. 7. leafe 14. The Queen is as a common person and as a Woman alone to let for life and to make personall things 11. H. 7. leafe 7. The King letteth to the Queen for life and shee leaseth at will In Trespas against the Tenant at will he shall not have aide of the King for he is a stranger to the Patent of the King 7. H. 7. leafe 17. 18. Edw. 3. leafe the first Phillip the Queen brought a Quare impedit and held that the Queen may bring a Writ in her owne Name and shall finde no pledges and for that it shall not be in the Writ Vnde c. 20 Edw. 4. leafe 1. Fitzherbert 101. 21. Of the Book of Assises 13. the sayd Phillip brought Deceit of a Fine levyed by Tenants in ancient Demesne at the Common Law 19. Edw. 4. leafe 2. J. B. granteth to the Queen the next Advowson of the Church of Dale and shee alone of that bringeth her Quare Impedit 49. Edw. 3. leafe 4. The King may give to the Queen for her life and shee may have
an action alone and so cannot another marryed Wife The Law And for that that it is necessary and expedient to shew for what causes the Lawes were ordained Fortescue leafe 31. saith That as by Senews the compact of the body is knit together so by Law which of binding is so called this mysticall body is bound together and kept in one And Plowden leafe 9. b. saith The Law is appointed to the King to governe his people and that by three Lawes that is to say Generall Law Customes and Statutes In Matth. chap. 22. it is written That Christ sent forth his Servants that they should call to the Wedding that is to say He sent his Prophets and Preachers and they would not come and there it is sayd That he againe sent out other Servants saying Goe and invite and that is intended our Law which commands constraines and bridles us to come to God and to feare and obey God and the King and to keep us in Peace and to make that every one may hold in peace and tranquility his Goods Lands and lives and all that we have Heraclites saith That without Lawes by no meanes a City can be in safety but without Walls it may And Fortescue leafe 10. saith That thou mayst feare God the Lawes call thee and in leafe 11. That humane Lawes are no other then Rules by which Justice is taught The Prophet David saith Where there is no Order there everlasting horror doth dwell and without Law there can be no Order See Saint Germaine leafe 7. saying Law is ordained for the salvation of the Soule and for to fulfill the Lawes of God and to draw the people to flie evill and to doe good And see in the Doctor and Student leafe 8. the six grounds of the Law First Our Law is grounded upon common reason Secondly Upon the Law of God Thirdly Upon diverse generall Customes Fourthly Upon diverse Maxims Fifthly Upon diverse particular Customes And sixthly Upon diverse Statutes And for that the Law is more necessary for Government Bracton saith The Law maketh the King let the King therefore attribute unto the Law that which the Law hath given unto him that is to say Dominion and Power he is not truely King where will doth rule and not Law And Fortescue fol. 8. saith The Law is a sanctified holinesse commanding holy things and forbidding the contrary and likewise fol. 9. saith That Lawes made by man which to this doth receive power of God and they are likewise constituted by God Plowden fol. 55. b. As Subjects of the King are borne and inherite Lands so to inherite Lawes so that Lawes being the Inheritance of the People the Stewards cannot by Letters or otherwise gainsay nor take from the Tenants the Law By the Commentaries fol. 229. Saxon Law was that the eldest Son should inherite and Brittons Law was Gavelkinde as in Kent and North-wales By the Commentaries fol. 18. Words of Law may be broken for necessity as in the case of Revenger 14. H. 7.29 7. H. 7. fol. 7. If a Prisoner be in Famine and hath not sustenance if he breake Prison it seemeth not to be Felony for the Law of God was ordained to call us and if we will not come then our Law to bridle us sharply to come to God and our Law hath regard to necessity and charity and for that 20. H. 7. fol. 2. where a marryed Wife is throwne or struck with a Horse or is in sicknesse one may assist her and give her meat and drink 20. H. 7. One administers about a buriall that is no Administration for it is a work of charity Doctor and Student fol. 4. Beasts have certaine rule given to them by nature necessary for their being but the Law of Nature and Reason moveth a man to good and is written in the heart of every man to move him what is good to be done and what is to be avoided The Law of God is given by Revelation and light of understanding and there the Law of God ordaines man to eternall life and is Law to the happinesse of this life and this Law is to doe as you would be done unto and this Law will that Justice be done to every man and that no wrong be done Doctor and Student fol. 2. There are foure manner of Lawes that is to say The eternall Law of nature and Reason the Law of God and the Law of Man By Marlebridge Chap. 1. it is enacted That as well the greatest as the smallest should have and receive Justice in the Kings Court and that none of another revenges or destructions should make by his will without consideration of the Kings Court. Westminster the 1. Chap. 1. Common Right should be made to all as well to Poore as to Rich without regard of any See Stamford fol. 56. of Justice 2 Edw. 3. cap. 9. No command either by the great Seal or Privy Seale to disturbe or delay common right And for so much the Justices should not forbeare to doe right in any point 18 Edw. 3. The Statute of the Oath of the Judges is If any Letters to the Justices come contrary to the Law that you shall doe nothing for such Letters but certifie the King of it and resolve before to execute the Law notwithstanding those Letters And to conclude of these matters You ought to consider that God created Man onely to serve him and created all other creatures in the World for the service and use of Man as the Prophet saith Thou hast subjected all things under his feet all Sheep and Oxen and likewise the Beasts of the Feild Birds of the Aire and Fishes of the Sea which walke through the paths of the Sea so that all was made for the use of Man and yet without Law a man cannot injoy that and God being mindfull of Man to serve him as the Prophet saith What is Man that thou art mindfull of him or the Son of Man that thou hast regard unto him And for that God hath ordained Kings to governe and to keep men in obedience to serve and obey God the King and his Lawes for to disobey is detestable And Paul to the Romans Chap. 13. saith Every soule is subject to the higher powers for there is no power but of God which powers verily are ordained by God so that whosoever resisteth that power doth resist the Ordinance of God And Peter Chap. 2. saith Be subject to every humane Creature for the Lord and to the King as Saperiour And then for that that the King is ordained of God to make his people to serve God and to keep his people in obedience If you disobey the King you breake that which is commanded contrary in the Scriptures and so you disobey God And you see that if God had not been mindfull of us and had not created and ordained the King to governe us being of fraile nature and that by Lawes to bridle our fraile nature none could enjoy his Lands Goods nor
that is fineable and here inquirable Stamford 33. b. 29. Petty larceny Petty larceny is the taking of any thing with a Felonious intent under the value of twelve pence as Hens Geese Pigs or small things out of Windowes Stamford fol. 24. G. and these are here inquirable 30. Note that the Lords of which the Lands are held shall have the Lands of escheat where their Tenants are attaynt in petty Treason or Felony and the King shall have yeare day and wast by Magna Charta cap. 22. Ra. f. And for that it is inquirable what Lands and Tenements these persons so offending have and what Goods for the King unless the Lord hath the Chattells of the Felons by Charter of the King 9. H. 7. fol. 23. 31. And so note that all these matters in the Charge aforesaid are inquirable and presentable as is aforesaid but not punishable here but shall be certified by the Steward in the Sessions as is aforesaid 27. H. 8. fol. 2. But now the residue of the matters of the Charge which ensue are inquirable and presentable and are also punishable in a Leet and shall not be certified as these aforesaid shall be 1 First you ought to inquire if the Sutors and Deciners Deciners scilicet if any of them which are resident appeare in person or not and if any of them make default to present their names 18 Ed. 2. Rastall Leet 1. the same book Chapter 10. 2 Also if the cappitall Pledges appeare Pledges for it appeareth by 45 of Ed. 3. fol. 27. that Pledges shall be found for every one that commeth within the Lordship to be of good behaviour as the manner is and it is inquirable if every one hath found suertyes 18. Ed. 2. 3 Also if any hath dwelt within the Lordship by a yeare and a day The age twelve yeares and be of the age of twelve yeares and not sworn to the Queen to be loyall and faithfull that is inquirable 4 Also if any villaines of the Lord are fugitive and remaine elsewhere out of the Lordship Villains and are not in the Demesnes of the King by a yeare and a day without claime are inquirable 18. Ed 2. 5. Also if any customes or services due to this Court are neglected how by who and in what Bayliffs time that was Customes 18. Ed. 2. 6 Also if any annoyances be made upon the Land wood Anoyances and water that blocks stocks ditches hedges made or a ditch made or filled to the annoyance of the People or if any other thing be done to the noyance of the People that is to the multitude and not onely to one is inquirable 18. Ed 2. 7 Also if any Walls Houses Pales Wages or Hedges be made or erected to the noyance of the People it is inquirable 18. Ed 2. 8. Also if any common wayes waters ditches or pathes are turned out of their right course it is inquirable 18. Ed 2. 9 Also if any bounds are streightned or carryed away 18 Ed. 2. 10. Also if any Lay-stalls are made in high wayes to the noyanee of the People or if any carrion be cast into the high way to the noyance of the People it is inquirarable 11. Also if any make any encroachment upon the Kings high way 12. Also if any commonly or openly breake the peace Trespasse as making frayes in disturbing and fighting the People it is inquirable 13. Also if there be any common Barretors in the Lordship as Scoldes brawlers to the noyance and disturbance of their Neighbours present their names 14. Also if any breake the common pound Pound to take distresse from thence present their names 15. Also if there be any outcries made against the Lawes to the disturbance of the People it is inquirable 17. Also if any Ease-droppers Ill members for a Common-wealth which stand under Walls or Windowes by night or day to heare tayles and to carry them to others to make strife and debate among their Neighboures present their names 18. Also if any be common breakers of Hedges present their name 19. Also if any keep and maintaine any bawdrey in their Houses it is a cause to break the Peace and is a vice which corrupteth the Common-wealth and for that it is here inquirable 27. H. 8. fol. 17. Quatuor his casibus procul dubio cadet adulter Aut hic pauper erit aut subito morietur Aut cadet in causam qua debet judice vinci Vel aliquod membrum casu vel crimine perdet By these foure changes without doubt an adulterous person shall fall either he shall be poore or shall suddenly dye or shall fall into some cause that he shall be condemned by the Judge or shall loose some member of his Body by chance or by the crime 20. Also if there be any vagabonds or wanderers and those which walk by night and sleep by day and if there be any which are common haunters of Tavernes or Ale-Houses and go about and having nothing to live of are inquirable 4. H. 7. fol. 2. In Leet is inquirable of night-walkers 21. Also if any go of Theeves messages it is inquirable 22. Also if any take Pigeons in the Winter by nets or Ingines it is inquirable 23. Also if any by any way corrupt the common Waters by whittening by Lime or by Flax or Stuff laid in the Waters by which the Waters are corrupt it is inquirable 24. Also if any hath or useth any false Measures Deceit of Artificers False Weights of Bushles or Gallons Yard or Ells or false Weights or Ballances are inquirable 8. H. 6. chap. 5. Magna Charta chap. 25. 51. H. 3. Title Weights and Measures 5. 25. Also if any use double Poundes or Measures Double pounds that is to say a small one to sell by and a great one to buy by in deceit of the People it is inquirable 27. Ed. 3.10 26. Assise of Bread and Beere that this be held Assise of Bread scilicet that every one sell according to the price of Corne is inquirable and that it bee made wholesome for Men. 27. Also if Tiplers sell by Cups and Dishes Tiplers or Measures sealed or not sealed is inquirable 28. Also if Butchers Fishmongers Innkeepers At reasonable prizes Haglers Poulterers Cookes Vintners and all other which sell Victuals if they sell at reasonable prices and not at excessive having regard to the prices that Victualls are sold in places neere and he which is convict shall pay the double that he hath received to the party damnified and let it be inquirable 23. Ed. 3.6 10. H. 7. fol. 8. by Brian and Hussey a Victualer shall be constrained to sell his Victuall if the buyer offer ready Money otherwise not 29. Also if Butchers Fishmongers Butchers or other Victualers sell any corrupt Victuall not wholesome for mens Bodies it is inquirable 30. Also that Innkeepers Inkeepers shall not sell Hay
out nothing they shall be hanged Abridgment of the book of Assises 75. Note that presentments of Felonies at the Common Law are presentable before the Steward in Leet as appeares by 22. Ed. 4. fol. 19. and petty Treason is Felony as it appeares by Stam. fol 2. Appeale of Robbery the Defendant tenders to wage battaile and was afterward outed of that for that that he was indicted before John Verney Steward in Leet and for that hee did not shew to whom he was Steward and in what place it was nought otherwife it had been good By this it appeares that presentment of that may be before the Steward Stamford fol. 2. Charter of pardon of all Felonies serves in petty Treason for it is Felony and for that also inquirable in Leet as Felony 22 Ed 4. fol. 19. 1 H. 7. fol. 23. Sir Humfery Stafford shewed that he had matter in Law to plead to an indictment as sanctuary and prayed Councell and had Councell upon that shewed in Felony or Treason 3 H. 7. fol. 1. Infant of tender age or one out of his wits killeth one he shall not be hanged 21 H. 7. fol. 31. 3 H. 7. fol. 1. If the principall take Clergy being arraigned or indicted it seemeth that the accessary shall go quit and cleer if he have pardon contrary 13 Ed. 4. fol. 3. upon acknowledging of Felony 3 H. 7. fol. 1. One of the age of nine yeares which had discretion to excuse himselfe was hanged for murdering of an other Infant 3 H. 7. fol. 2. It seemeth where one challengeth above the number of thirty six upon one Indictment he shall be put to Pennance and where it is in Appeale hanged 22 H. 8. chap. 14. No person arraigned for petty Treason Murder or Felony shall not be admitted to any peremptory challenge above the number of twenty 4 H. 7. fol. 2. One arraigned and found it was in defending himselfe and had a pardon of grace 14 H. 7. fol. 2. Where one indicted before a Coroner is afterwards acquit it shall be inquired who killed him 11 H. 4. fol. 91. the same 11 H. 7. fol. 19. If a married woman make Felony her Land is forfeited forthwith unlesse that her Husband be intituled to be Tenant by the curtesie 21 H. 7. fol. 30. Clerkes convict or attaint are not out of the same Law as Aliens are 1 H. 7. fol. 6. Rescuing a Felon is Felony by the Common Law of Breakers of Prison by the Statute 4 Ed. 4. fol. 10. One indicted of Murder such a day and an Appeale sued supposing the Murder another day yet good and shall be all one for the day is not matteriall and after the parties in the Appeale agreed and the Playntiff is nonsuted he shall be arraigned at the Kings Suit 21 H. 7. fol. 29. Where one shootes at Pricks and killeth a man by the swarving of his hand it is no Felony that he ought to dye 9 Ed. 4. fol. 2. Defendant in Appeal of Felony shall have Councell but not in an Indictment unless he have matter in Law to plead 6. Ed. 4. fol. 27. Indictment That Alice S. he tooke feloniously and knew her carnally against her will but feloniously ravished her and Indictment of Murder that of malice pretended he killed him is not good but Murdravit vid. 1. H. 4.1 Bracton saith If there be any that striketh a Woman being with child or gives her poyson by which he maketh an abortive or a child now formed or having life he committeth man-slaughter 3. book of As 4. or where one beateth a Woman with childe which indeed was borne dead it is no Felony 22. booke of Assises 94. Stamford 22. It is requisite that the thing slaine be in Rerum natura and for that to kill an Infant in his mothers belly is no Felony Stamford 16. 22. booke of Assises 71. Two fight together and one commeth to part them and is slaine is Felony 26. booke of Assises 22. A Felon in robbing of a House is slaine it is no Felony in killing Stam fol. 25. That cannot be Felony to steale wild beasts found in their wildernesse nor for Doves being out of their Dove-coat nor Fishes taken in the River for such stealing is not the taking of anothers Goods but of a thing which none hath property in But otherwise it is if he breake the Pigeon-House and steale the young Pigeons which cannot go nor fly for that is Felony The same Law of taking of young Goshaukes bred in my Parke 18. H. 8. fol. 2. By Fitzh and Englefeild taking of young Pigeons in a Dovehouse is not Felony Quere for they are of a wilde nature 22. booke of Assises 3. One killeth one outlawed of Felony by Scroope it is no Felony but by Stamf. Otherwise it is where he is attaint by verdict 35. H. 6. fol. 68. A husband attaint of Felony is slaine his Wife shall have an appeale but not his Heire for there is no corruption of blood between the Husband and his Wife 34. H. 6. fol. 53. If a Felon read and the Ordinary refuse him the Prisoner shall be spared and the Ordinary shall be fined and if a Felon once faile to read yet the Justices may spare him and make him try to read again and said there that he shall have his Clergy under the Gallows but inquire that Stamford saith Burglary may be in the day as well as the night but all Indictments are by night and for that quere Title Clergy plac 12. He which breaketh a House by day or night any person being in that and by that put in feare or rob'd of any thing he shall not have his Clergy Stamford 129. Forfeiture And for that that you ought to inquire what Lands and Goods those attaint of Felony have it is now to see what the King shall have and what the Lord by attainder of one in Felony and what not WEE shall not keep the Lands of those which are convicted of Felony but for a yeare and a day and then the Lands shall be delivered to the Lord of the Fee Magna Charta chap. 22. see Stamford 190. If the Lord entet after the yeare and day where he ought to have a Writ to put him in the King shall reseise 8. Ed. 2. tit Trespasse 48. The King shall have all Chartells of Felons condemned and fugitives and if they have a free-hold then that forthwith shall be taken into the Kings hands and the King shall have all the profits by a yeare and a day And that the Tenement shall be wasted and destroyed c. and after the yeare and day it shall be given to the cheif Lords Prerogative chap. 16. Rastall 5. Note that a man shall not forfeit his Lands in no case but where Judgment is given and that is in three manners that is to say Where one is Outlawed of Felony or abjures or is hanged for they make but three manner of Writs of Escheate that is for which he is Outlawed for
Charter followeth ALlowance in the Common Bench is not good and allowance shall be within memory 9. H. 7. fol. 16.1 H. 7. fol. 23. In the time of H. 8. Tit. Grants 364. If the King grant Reversion and mis-recite the date of the Lease but recites well the Estate the thing and the name of the Lessee it is a good Grant 8. H. 7. fol. 4. Where the King upon information of the party grants a Mannour and recites that he had it by Forfeiture and hath it not by Forfeiture it is a void Grant for the King is deceived so it is said where the King grants a Reversion where there is no Reversion he is deceived and void 26. H. 8. fol. 1. The King recites for the good service he hath done in the Wars he grants where he was never in the War it is a good Grant for the recitall is a matter in deed not material 9. H. 7. fol. 27. Where the King grants upon a Petition for his service such a Mannour of such a value where it is of a greater he is deceived and it is void 9. H. 7. fol. 2. If the King makes one a Denizon and reciteth where he was born in France where in truth he was born in Spain this Grant and making him Denizon is a good Grant and the recitall is not materiall 9. H. 7. fol. 2. Diversity where the King of his meer motion grants and recites that what he hath granted by his Patent he ratifies and confirms the King is estopped to say the contrary but that he granted and ratified that but if it were as I am informed he is not estopped and the King is deceived 37. H. 8. Tit. Patents 10. It is said for Law that false consideration in Letters Patents shall not avoid them as where the King for ten pounds to him paid giveth such Land and the ten pounds consideration is not paid the Patent is not void Contrary of a Patent made upon false surmise as that the Land came to the King upon the attainder of J.S. and it is false the Patent is void 6. H. 7. fol. 13. If an Office be granted by the King to one for life and after the King grants that to another and do not recite the first grant the King is deceived and the second Grant is void The King grants to you the Chattels of Felons and Fugitives for whatsoever Offences you shall not have the Goods of one that stands dumb for these are Forfeits for Contempt and this Grant shall be taken strictly because it rusheth upon the Kings Prerogative 8. H. 4. fol. 2. The King grants to one the Chattels of Felons and Fugitives and of whatsoever Offenders the Granter shall have the Goods of him attaint for petty Treason and not for high Treason by these general words for what Offences soever 22. Book of Assises 40. If one kill the Kings Ambassadour this is high Treason and for that he shall not have his Goods but Goods of one attaint for petty Treason by the Grant of Goods and Chattels of Felons and Fugitives and for whatsoever Offences he shall have for that is Felony 22. Book of Assise 49. Where there is a Grant to you by a common person all his Goods A Lease for years nor a Ward pass not for Goods are Moveables alive and dead and not Chattels 4. Ed. 6. Brook Grants 51. And for that the King grants all the Goods of Felons you shall not have a Lease for years of one attaint for it is a Chattell real Brook Done 438. Plowden fol. 424. Where one grants all his Lands and Tenements to one there a Lease for years may passe where the King grants all the Goods and Chattels of Felons of his men that is but his own Tenants unlesse it be an ancient Grant and the Grant put in use of other Tenants also 40. Book of Assises 41. If one grant all his Goods as well living as dead a Rent charge which the Grantor hath for years passeth by this Grant 39. H. 6. fol. 37. Where Chattels are granted to one by this he hath as well Chattels moveables as not moveables for a Lease for years is within this word Chattels as it appears by Bracton Stamford fol. 44. Prerogative Where Chattels are granted to one he shall have the Corn of a Felon growing upon the Land of a Felon at the time of the Forfeiture and right of Actions to the Goods as where Goods by wrong are taken from a Felon and where one is indebted to a Felon by Obligation or is accountable to a Felon for any Receits Stamford 45. Prerogative The King may have Debt due by Obligation to a Felon and not which is due by Contract 16. Ed. 4. fol. 4. Chattels IF a Disseisor sow the Land and sever that before the Disseisee re-enter the Disseisee cannot take the Corn for they are Chattels and come by his industry but otherwise it is of Trees cut by the Disseisor and made in Fagots or Grasse made in Hay which come by the Soil 5. H. 7. fol. 16. and 2. H. 7. fol. 2. the same 39. Ed. 3. Tit. The Writ is of Goods and Chattels and the Count of Corn and ten pounds in money and for that that money is not Goods and Chattels he abridged that 7. Ed. 6. Tit. Grants 55. A man grants all his Lands and Tenements in D. a Lease for years doth not passe that is where he hath Lands in fee in D. and also a Lease there 37. H. 8. Done 41. It is said for Law that if a man give all his Lands and Tenements in D. by this a Lease for years doth not passe for Lands and Tenements shall be intended Free-hold at the least 10. Ed. 4. fol. 1. If an Executor give all his Goods and Chattels the Goods of the Teslator do not passe and clear the Giver shall not forfeit them 28 H. 8. fol. 4. by Elliot If a man give all his Goods and Chattels Hawks nor Hounds do not passe 18 Ed. 4. fol. 14. For that they are of a wilde Nature 9 H. 7. Tit. Grants Brook 87. If a man hath Lands in Lease and is seised of other in fee and make a Feofment of them both and Livery onely in the Land in fee the Land for years doth not passe 8 Ed. 4. fol. 4. by Pigot Where a man gives to me a Deed of Feofment then I have not the Land that is but a Chattell in me 39 Ed. 3. Tit. Charters 6. A man granteth the next Advouson to J.S. and his Heirs it is but a Chattell for it is but for one turn the same Law for a Lease to him and his Heirs for twenty years 136. the same Book of Assises 22. 21 H. 7. fol. 26. A man seised in fee maketh a Furnace of Lead in the middest of his House which was fixed to the Walls and died the Heir shall have that and not the Executors for it is fixed to the Free-hold and not a Chattell the same
nothing there but the passage and 8 H. 7. fol. 5. by Keble the Soile and Free-hold in the way is to those which have Land adjoyning 2. Ed. 4. fol. 9. Where there is a common way throughout a Feild the Free-hold of the Soile is to the Tenant of the Land adioyning and not to the King for he hath but passage for his People Incidents A Man cannot dispence with a Suite to a Leet unlesse by speciall words 8. Ed. 2. tit 28 2. H. 7. fol. 4. Partition is made of foure Mannors which descend to foure coparceners that every one shall have a Mannor except the Advowson and by that the Advowson is ingrosse and severed and if all dy but one it shall be appendant again 8 H. 7. fol. 1. By grant of a hundred Leet passeth as Incident for a Hundred cannot be without a Leet for a Leet is parcell of it and to a Mannor a Court Baron is Incident and to homage fealty and to a Faire a Court of Pipouders and it seemeth these cannot be severed Perk. fol. 22. Common appendant cannot be severed nor Estovers to be burned in a House but a Villian regardent may be severed and an Advowson appendant and made in grosse for an Incident inseperable cannot be severed by grant as in the case next before but Incidents seperable may be 40 Ed. 3. fol. 22. Beasonable aid to make his Son Knight or to marry his Daughter and releife for soccage after the death of his Tenant cannot be released by generall words therefore release of all actions and demands besides fealty and Rent by the Lord to the Tenant shall not extinct these Incidents the contrary is said if it be by speciall words 19. H. 8. tit Incidents 34. Court-Baron is so incident to a Mannor and Court of Pipowders to a Faire that they cannot be severed by grant for if they grant the Mannor or Fair they cannot reserve such Courts 7. Ed. 4. fol. 11. Lord and Tenant the Lord releaseth to the Tenant the distresse this is void for the distresse is Incident the same of release of Fealty to him which holds by Homage for Fealty is Incident to Homage and is inseperable 26. booke of Assises 66 Lord and Tenant by Fealty Escuage and Rent and the Lord grants the Rent this is Rent seek and severed for Fealty remaines with the Homage as Incident to it the same Law where a Rent is Incident to a Reversion and yet these may be severed by speciall grant 29. booke of Assises 20. the same Littl. fol. 40. Where the Tenant holds by Homage Fealty and Rent if the Lord grant the Rent saving to him the Homage this Rent is Rent Seck and severed the same Law if he grant the Homage saving the Rent and where he holds by Rent and Fealty and grants the Rent saving the Fealty or left for life rendring Rent and grants the Rent saving the Reverson the Rent is Seck Rescous and pound breach is another branch of the Charge HE which destraines Beasts may put them in a close House if he will give them meate for the putting into the open pound is that the owner may give them meate 33. H. 8. tit distresse 66. If a man destraine without cause the owner may make Rescous but if he put them into the pound he cannot breake it for they are in custody of the Law see 40. Ed. 3. fol. 33. and Fitzh fol. 102. E. It seemes if a Lord destrain where Rent is not behinde the Tenant shall not make Rescous 4 Ed. 6. tit distress 74. If a man destraine wrongfully the owner may make Rescous 5. Ed. 4. fol. 7. by Danby 39. Ed. 3. tit 20. If Beasts put into the pound dye it is at the losse of the owner though he have tendred sufficient mends for he might have a Replevin Doctor and Student fol. 8.113 I may impound a dead thing where I please but if that corrupt by my default I shall answer for it 9. Ed. 4. fol. 2. Fitzh 102. L If the Lord do destraine where is no Rent nor service behinde the Tenant cannot make Rescous 9. Ed. 3. fol. 35. If a man destraine wrongfully the owner of the Beasts may make Rescous but by 4. Ed. 6. it was agreed if he destraine and impound them the owner cannot take them out for they are in custody of the Law 5. Ed. 4. fol. by Danby the same 2. H. 4. fol. 18. If a man destraine my Beasts which escape into his Land out of the great waste I may rescue them but if I keep them or put them there or by Hankford if I have notice that they use to go there this is no escape and there I ought not to make Rescous see 7. H. 7. tit 1. 2. H. 4. fol. 24. In Rescous nothing behinde and also that he was never seised and are good Pleas Quere 5. Ed. 4. fol. 7. Seising is not Traversable in Rescous by opinion there 6. Ed. 4. fol. 12. The same 8 H. 4. fol. 1. 21. H. 4. fol 40. By the Court where the Lord comes to destraine and sees the Beasts and the Tenant perceiving that chaseth the distresse out of his Fee the Lord shall not have a Writ of Rescous for he hath no possession of the Beasts but he may follow them and destraine them but if they were chased out of his Fee before the Lord see them there he cannot destraine them 44. Ed. 3. f. 20. the same Fitzh N. B. 102. G. 33. H. 6. fol. 58 A man attacheth a Horse in a corporate Town and there he is rescued and chased into another County upon fresh Suite the Officer may take him againe 6. Ed. 4. fol. 12. By Yelverton in Rescous nothing behinde is no Plea for if the Lord destraine where no service is behinde the Tenant is at no mischeife for the Tenant may have a Replevin and in this Writ recover his damages Fitzh 101. Rescous lieth where a man destraines for Rent or for services or damage doing and those would impound and another Rescues them and if a Collector or under Collector distreine for a fifteenth or a Bailiff or a Sheriff or other Officer distraine for the King and Rescous is made they shall have a Rescous and not the King but if a Bailiff of a Liberty distraine for the King and Rescous is made the Lord of the Liberty shall have Rescous and if the Bailiff or Officer of a common person distraine Rescous is made he which causeth the distresse to be made shall have Rescous 39. H. 6. fol. 42. Redisseisin to Coroners and one alone maketh a precept Rescous upon that is Justificable Assaults and Fraies For that that Assaults and Fraies are inquirable let us see which are punishable in a Leet and what not AS Saults are not inquirable and punishable by presentment in Leet but blood-shed is 8. Ed. 4. fol. 5. By Fairefax Leet hath no power to inquire but of those which make common annoyance at the common Law as of
not to make claime till the Tenant for Life be dead for if he in Remainder will wave this is no Mortmaine for if the Tenant will make a Feoffment in Fee to the use of A. for life and after to the use of a Religious man and his Successors that is not Mortmaine till the Tenant for life in use dieth and he in Remainder takes the profits 29 H. 8. Mortmain 37. Lord and Tenant Where one gives in Mortmaine he ought to have license of the King to do it and of the cheife Lord otherwise they may enter for Mortmain and before the license there ought to issue out a Writ of Ad quod damnum to the King but is used to omit that and to have the license without any Writ of Ad quod damnum Fitzh 221 K. Where an Abbot holds of J S. by five shillings and J. S. releaseth to the Abbot this shall go by extinguishment and for that it is no Mortmain 22 Ed. 3. fol. 22. 47 Ed. 3. fol. 10. If alienation in Mortmain be and the Alienee is disseised and the Disseisor dieth seised his Heir is in by discent yet the Lord may enter within the year for he hath but a Title of entry and cannot have an action but contrary of him which hath a Right of Entry and may have and Action 39 Ed. 3. fol. 38. Lord and Tenant the Signiory is granted to A. in Taile the Remainder to B. in Taile the Tenant Alien in Mortmaine the first Tenant in Taile cannot enter within the yeare and after the second Tenant in Taile dye without Issue and B. in Remainder enter within halfe a yeare and held that he could not for the Tenant in Taile and he in Remainder have but one Signiory and are but one Lord and both shall have but one yeare by the Statute Fitzh 223 E. If a man will exchange Land with an Abbot or other body corporate that is Mortmaine and he ought to have a License Fitzh 222 If an Abbot give Lands to another Abbot or a Corporation it is Mortmaine and ought to have a License and Ad quod damnum shall be sued and see the Ad quod damnum 221. R. 48 Ed. 3. fol. 29. Abbot purchase Lands with warranty by License and is impleaded and vouch c. and Judgment is given against the Abbot and he recovers over in value it is not Mortmaine for the Lands recovered in value and he ought not to have license of the Lands recovered in value for the first license serves in that see 45 Ed. 3. fol. 18. Where an Abbot recovers in value 9 H. 6. fol. 9. If an Abbot have Rent out of my Land and I grant to him that he may distraine for the same Rent in other Land this is no Mortmain for he hath nothing but ancient Rent and for that it is no Mortmain 3 Ed. 4. fol. 14. By Laicon the Statute of Religious holds place of common and Rent charge which is no Land nor Tenement and yet the words of the Statute are Lands and Tenements 25 H. 8. tit 37. Lord and Tenant the Tenant lets for life to J.S. the Remainder to an Abbot and his Successors The Lord need not to make claime till the Tenant for life be dead for if he wave the Remainder it is no Mortmain and held that the Appropriation of an Advowson without licence is Mortmain Fitzh 211. The King may give licence to his Tenant to alien in Mortmain for he may dispence with the Statute but a common person cannot but the King and the Mesne Lords may give licence to a Tenant to alien in Mortmain for the Statute was made for the advantage of the Lords and they may dispense with it Treasure Trove TReasure hid in the ground and found belongeth to the King and if it be found in the Sea it is to the finder Britton fol. 26. He to whom the property is shall have Treasure found because it belongeth not to the King unless when no man knoweth who hid the Treasure Statham Tit. Coron and 22 H. 6. Coron 446. Punishment of taking Treasure found is not of life and member but shall be by Imprisonment and Fine Statham Tit Coron and 22 Ed. 3. Coron 265. Treasure found belongeth to the Lord the King and not to the Lord of the Liberty unless by special words in the Deed of the Liberty contained or by prescription Statham Tit Coron and 8 Ed. 2. Coron 436. Treasure found is a certain old hiding Money or other Mettall of which there appeareth no memory so that now it hath no Owner therefore all such Treasure is no mans proper Goods and by the old Law it was the finders but now by the Law of the People it is made the Kings Stamford fol. 39. Fstrey WHere the Lord hath by a year and a day a Beast and it be cried in the Church and in the Market the property is changed 39 Ed. 3. fol. 3. A man cannot intitle him to an Estrey till the year and the day be past for he to whom the property is may take him within the year but Statham seemed he could not take it without agreeing for his meat 31 Ed. 3. Estrey 4. Detinue Issue if sufficient was tendered for his meat before claim or not 44 Ed. 3. fol. 14. Young Swans may be taken for a Stray and Proclamation made in Fairs and Markets 7 H. 6. fol. 29. If the Owner do not come within a year and a day and be proclaimed in Markets and Parish Churches then the property remains to the Lord Britton fol. 26. One justifies to have a stray in his Mannour according to the custome used in the Kingdom of England he proclaimed them in two Markets scil in D. S. on the Market days Brook Estrey 10. If one have a stray by three quarters of a year and after that strays and another happens it within his Mannour the second shall not have it for he hath no property untill the year and day and Proclamation 33 H. 8. Estrey 11. If a man have a Weif or a Stray by prescription and another taketh that out of his Mannour he shall have Trespass though he did not seise them before Fitzh fol. 91. B. One cannot take the Kings Beasts for a stray though they were within the Mannour by two years 39 Edw. 3. fol. 4. If one hath taken a stray and doth not proclaim it the Owner may take it again though he comes to claim it after a year and a day Britton fol. 26. Book of Entries One which justifies for a stray shall make prescription that is to say That according to the custome in the Kingdome of England used he proclaimed them in two Market Towns scil in D. R. and so it seemeth that an Estrey shall be proclaimed in two the next Market Towns upon Market days and yet it seemeth that Strays shall be proclaimed once in the Church and twice in the Markets Waife Where Goods waived are seised by an Officer
other Free-holders that is also inquirable for that no Tenant of the Lordship shall loose his Common in that 27. Also if any keep and withdraw any Evidences Evidence of the Lord. Court Rolles Rentalls or Evidences pertaining to the Lord of the Mannor is inquirable 28. Also if any thing pained before to be done Punishment and is not yet done in whose default that is and you ought to present his name 29. Also if any Coppy-holder Coppy-holder lets his Coppy-hold Land for longer time then for a yeare and a day without surrender unlesse it be by the custome that he may let for longer time and if he do it is a forfeiture and inquirable 30. Also if any Coppy-holder make a change of the possession of his Coppy-hold for Charter Land or otherwise that the Lord may have any disadvantage in mending of one and impairing of another that is inquirable 31. Also if any Coppy-holder alien any of his Coppy-hold by Deed and make livery of Seisin acording to the Deed it is a forfeiture and inquirable Lit. fol. 14. 31. Also if any Coppy-holder cut any Tree which is a Hedg-row without license of the Lord is a forfeiture if not by the custome of the Mannor used time out of mind c. This Coppy-holder hath used to cut his Trees and Wood at his pleasure it is inquirable 33. Also if any Coppy-holder which hath not his Wood by custome of the Mannor to himself but his Lord hath that there if he lop or top any Trees of his Coppy-hold in unseasonable time by which that starveth that is a forfeiture and is inquirable Note that Tenant at will by the Common Law may take House-boote Hedg-boote and Plough-boote and cut that in seasonable time and so may Tenant by Copy of Court Role do of a Coppy-hold 34. Also if any Coppy-holder suffer his House which is Coppy-hold to decay and fall down or do not repaire that but suffer that to be uncovered by which there is wast that is a forfeiture and inquirable if it be not by the custome of the Mannor that they may suffer their Houses to decay and fall down and yet no forfeiture by the custome and also in some Mannors the Tenants may suffer waste in their Houses and also cut their Trees at their pleasures and shall not be punished for it is lawfull by the custome of diverse Mannors 35. Also if any Coppy-holder dye seised of any Coppy-hold who is his next Heir and of what age he is or if any Coppy-holder by the custome of the Mannor hath surrendred any Coppy-hold into the hands of the Bailist or any Tenants after the last Court to the use of another for of every such surrender the Lord ought to have a Fine and the parties in whose hands the surrender was made ought to come to the next Court and present the same surrender so taken and give it into the hands of the Lord to the use of the Alienee or otherwise he ought to forfeit his Coppy-hold if he have not a reasonable excuse insomuch that he doth not bring in the surrender by him taken but doth what lieth in him to make the Lord loose his Fine and also to dis-inherit the other party to whose use the surrender was made 36. Also if any Tenant which holds by Harriot service or Harriot custome dye seised of any Land or Tenement so held and that a Harriot is due to the Lord and also if any such Tenant hath aliened any parcell of his Land so held the Lord shall have for every of their severall parts diverse Harriots at their severall deaths as if a man hath two parcells of Land held by Harriot service and by severall Titles and dye seised of the same the Lord shall have two Harriots and also you shall present if any Harriot be carried out of this Lordship by whom it is and where they are 37. Suit to the Mill. Also you shall inquire if any Tenant of this Mannour which ought by reason of his Tenure to make Suit to the Lords Mill do make his Suit there or not 38. Also you shall inquire if any one have fished souled hawked or hunted within this Mannor or within the Demesnes of the Lordship without license of the Lord and present their names 39 Also if any hath taken Pheasants or Partridges in their nests or the egges of them within the Demesnes of the Mannour or the egges of the Swans of the Lord and present their names 40. Also you shall inquire if all the defaults and plaints which were presented at the last Court were sufficiently amended or not and if all the Lawes and Orders before by you made be observed and kept or not and further you shall inquire of all other things which in your consciences you beleive to be convenient to be inquired of and you shall bring in your Verdict in writing such an hour And now you may depart and inquire of your Charge having regard to that which you have sworn and note that you keep well your Oath Hawkers and Hunters WEst 1. ch 1. forbiddeth that none shall chase in anothers Park nor fish in anothers River and if he do he shall be imprisoned and fined and if none will sue the King shall have the Suit as in a thing made against the Peace and the King shall make inquiry from year to year c. Fitzh 67. D. Westm 1. chap. 20. It is provided for Offenders in Parks and in Rivers that if any of them be attaint by the Suit of the Plaintiff it shall be accounted good and amends made according to the manner of the Trespasse and shall have imprisonment for three years and then shall be fined and if he hath not to pay a Fine he shall be banished or out-lawed and if the party sue not within the yeare the King shall have the suit 39. H. 7. chap. 11. If any person not having a Parke Chase nor Forrest keep any nets called Deer-Hayes oâ— Bucâ—stalls or stalk with bush or beast in anothers Park Chase or Forrest without license he shall forfeit ten pound to any person which will sue for the same 31. H. 8. chap. 12. Where Hunters in the day or night with vizards or painted faces it was felony now it is not 5. Eliz. c. 21. Every one which wrongfully taketh Hawks or their egges by night or day and be convict shall pay treble damages and suffer imprisonment three years but these Statutes aforesaid are not inquirable in a Leet 43. Ed. 3. fol. 24. Trespasse why by force of armes his Deer price forty shillings where it was wilde he took and the Writ abated 18. Ed. 4. fol. 14. the same 3 H. 6. f. 58. Trespasse he entered into his Warren and took a 1000. hares and doth not say his yet it is good Fitzh 86. L. 89. R. Trespasse lieth by force of arms the young hawkes of his hawkes price so much he took and why he entered his Warren
and it seemeth I have not seisin to maintaine an action of my owne seisin in the Lords Court unlesse I be Tenant to the Lord and that is where I am admitted for by the admittance of the Lord it shall be said The Lord hath granted seisin and he is admitted Tenant And by this he is Tenant to have an Assise and not before yet before he may take the profits though there be no Court to he admitted for it was no folly in him but may have his action at the Common Law upon the possession of his Ancestour which was admitted though I were not admitted And so where my Father dyeth seised of a Copi-hold in Fee and I am admitted and after another makes claime to it and is also afterwards admitted and enters he cannot have a Plaint in nature of an Assise of novell disseisin against me for 26 H. 8. fol. 3. If one he admitted instituted and inducted to a Benefice and after another be presented and outs him he shall have an Assise or a Trespasse but he presented cannot And so if there be Grandfather Father and Son and the Grandfather was admitted and dyes and the Father enters and dyes before admittance the Son in this case shall have a Plaint in the nature of a Writ of Ayell and not an Assise of Mortdancester And by the Statute of 32 H. 8. chap. 2. it is Enacted that no person shall sue have or maintaine any action for any Lands or Tenements upon his owne possession above thirty yeares next before that began If the Lord of a Mannour grant by Copy the Tenements of a Copi-holder without lawfull cause in Fee or for life and the Grantee enter hee which hath right may have an Assise against the Grantee if he were first admitted As the King by his Letters Patents grants to another my Land and the Patentee enter by force of this Grant I shall have an Assise If a Copi-hold discend the heire shall have a trespasse at the Common Law before admittance as above Seisin of Assise What Seisin is sufficient to have Assise and what not THe Warden of an Hospitall shall have an Assise of Rent where his Predecessor was seised and not he himselfe for the seisin of the Predecessor is the seisin of the House 15 Ed. 3. Tit. 39. accordingly of an Abbot and Prior Fitz. fol. 179. c. and 8. As 16.3 As 5. according also of a Chauntry Priest 34. As 5. Assise is not maintainable against him which hath but a free hold in Law for of that seisin an Assise doth not lye and yet of that seisin a Wife shall be endowed Litt. fol. 152. If a man which hath a title to enter set his foot upon the Land and is outed that is a sufficient Seisin to have an Assise 22 Ed. 3. Br. Seisin 52. If one put in his Beasts to use my common by my commandement this is a sufficient Seisin for me to have an Assise 45 Ed. 3. fol. 25.22 Assise 84. Reversion is granted to J. S. and the Tenant for life attorne and dies and J. S. enter by the Windowes for that he cannot enter by the doore and when one half of his Body was in he was pulled out and yet that is a sufficient Seisin to have an Assise 8 booke of Assises fol. 25. Seisin of Fealty is not sufficient Seisin to have an Assise of Rent but it is sufficient Seisin to make Avowrie for all that is as well for the Rent as for the Fealty 44 Ed. 3. fol. 11. by Thorpe 3. Ed. 3. Tit. 40 3. Ed. 3. Journey to Norfolk 20. H. 3. Tit. 433. 49. Ed. 3.15 and 45. Ed. 3 28. A Lease is made for life reserving foure Markes Rent and the Lessor is seised of twenty shillings of that and taketh distresse for the remainant and Rescous is made and though but twenty shillings be received yet that is a sufficient Seisin to have Assise of all 8 Ed. 3 fol. 12. Tit. 141.8 Ass 4.5 E. 4.2.12 E. 4.7 If the Lord of a Rent service grant the service to another and the Tenant attorn by a penny and after the grantee distrains and the Tenant makes Refocus here was no Seisin to have Assise of Rent but if the gift of a penny had been in name of Seisin and attornment otherwise it is 5 Ed. 4. fol. 2. Littleton fol. 127. b. Lord and Tenant are the Lord grants the Rent of his Tenant by a Deed to another saving to him the services and the Tenant attorns to that this is Rent seck and if the Rent be denied at the next day of payment he hath no remedy but if the Tenant when he attornes or after will give a penny or a half penny in name of Seisin of the rent then if after the next day of payment the Rent be to him denyed he shall have an Assise and that is a sufficient Seisin to have an Assise for all the Rent Littleton fol 42. Seisin of parcell of Rent is sufficient to have Assise of all the Rent 8 book of Assises 4. Seisin of Fealty is not sufficient Seisin to have an Assise of Rent but Seisin of Escuage is Seisin of Homage 21 E. 3. fol. 52. Nat. Brevium fol. 109.5 Ed. 2 Avowrie 209. Using of common by Tenants at will is sufficient Seisin for him in Reversion to have Assise of common If he or his Tenant at will be disturbed 22 Assise according Fitzh fol. 180. By Brudnell of a thing transitory a man shall be in possession without seisure as my Tenant dies his Heire within age I shall have a Ravishment of ward without a Seiser but I shall not have an ejectment of ward of Land which is locall nor Assise of Land without first having possession indeed 14 H. 8. fol. 27. If one recover and be put in by a Clod in the half by the Sheriff and he against whom the recovery was will not go out yet that is a sufficient Seisin to have an Assise 2 Ed. 2. Tit. execution 119. If a man holds of the King in cheife and holds other Land of another Lord and dies his Heire within age which intrudes at his full age and paies his Rent to the Lord this is a good Seisin to have an Assise notwithstanding that he hath not sued Livery for the Signiory was not suspended by the possession of the King but only the distresse for after Livery the Lord may distraine for his Arrerages 34 H. 8. Tit. 48.47 Ed. 3. fol. 12. and 13. H. 7. fol. 15. Pleas of Assise by Bailiff Also it is expedient for you to know what Pleas the Bailiff in Assise shall plead and what the Disseiser and what the Tenant after the Bailiffe hath pleaded BAiliff may plead a Plea which is triable by Assise and none other 6 H. 7. fol. 15. Pleas of a Bailiff ought to be such which are triable by the Assise and for that he cannot pray aid of the King 8. H. 7. fol. 12. and 1. booke of
Assises 1. accordingly The Bailiff shall have any Challenge to an array and to the heads 9 H. 7. fol. 24. and Abridgment book of Assises fol. 48. the same The Bailiff may plead non-tenure or mis-naming of the Plaintiff but not of his Master and conclude if c. 22 H. 6. f. 44.9 H. 7. f. 24.26 As 61 Bailiff may plead that the Tenements are in another Town for that is an abatement 9. H. 7. fol. 24 Abridgment Assise f. 47. and 6 H. 7. f. 15. accordingly but 22 H. 6. fol. 50. seems contrary but a Bailiff cannot disclaim but an Atturney may 13 Ed. 3. Tit. 8. Bailiff pleads out of his Fee Judgment if without specialty c. and he cannot have that at this day but in 2 Ed. 3. Tit. 10. he hath this Plea for the Bailiff cannot have any Pleas but where he may conclude over and if it be not found no wrong no disseisin c. see the Abridgment book of Assises fol. 47. and 2. Assise 4. Bailiff may plead ancient Demesne and conclude if it be not found c. and conclude to Assise otherwise Bailiff cannot plead ancient Demesne for that that it is triable by the book of Doomes-day and for that he cannot conclude Judgment if the Court will acknowledge Abridgment booke of As f. 48. and 9. book As 2 see 6 H. 7. fol. 15. Bailiffe may plead that the Plaintiffe is seised the day of the Writ purchased and every other exception tryable by Assise 9 As 4. Bailiffe cannot plead that the Writ is purchased hanging another Assise nor not attached by fifteene dayes for it is tryable by the Record Abridgment of Assise fol. 48. 8 As 2. and 8 Ed. 3. As 40. Bailiffe may plead that his Master is Parson of D. not naming Parson and if it be not found no wrong c. 12. As 4. Bailiffe may plead misnaming and joynt-tenancy without Deed 6 H. 4. fol. 15. and 8 H. 6. fol. 56. Bailiffe cannot plead Excommunication or outlawry in the Plaintiffe for he cannot plead a Dilatory Plea unlesse it be tryable by the Assise and that he may conclude and if it be not found no wrong no disseisin 5 Ed. 4. fol 113. Bailiffe may plead not attached by fifteen dayes Abridgment of Assise fol. 47. Pleas of the Disseisor THe Disseisor may plead release of actions personalls in barr but not release of actions realls for none shall plead that but the Tenant Litt. fol. 115. The Disseisor may plead that the Demandant hath entred hanging the Writ notwithstanding that he goes to the Tenancy and the reason which is there made is for that that such Plea goes to excuse him of damages And note that there it appeares also that the Disseisor shall plead every barr unlesse sach a Barr which goes to the Tenancy or to extinguish the right of the Plaintiffe in the Land as if he pleads release of all actions personals or that the Plaintiffe hath entred hanging the Writt that he may plead but he cannot plead release of right made to the Tenant of the Land nor other plea which goeth to the Land but he shall plead every plea to the Writ which doth not extend to the tenancy as if he had no Tenant named in the Writ or no such in Rerum natura and misnaming of the Plaintiffe or of himselfe 35 H. 6. fol. 13. Contrary 37 H. 6.3 by Choke Therefore inquire The Disseisor shall not plead any plea to the Tenancy which the Tenant by his admittance hath made good 26 Book of Assises 49. Disseisor cannot plead in abatement that the Plaintiffe hath a Writ of an older date hanging against him 45 Ed. 3. fol. 25. and 23. Ass 14. Disseisor cannot plead ancient Demesne without taking the tenancy upon him 21 Ass 2. Disseisor cannot plead Record or Estoppell for by the sayling of the Record he cannot loose the Land 20 Ed. 3. Brook Assise 403. Disseisor shall plead misnaming of the Plaintiffe and also that the Plaintiffe is covert of Baron and if he alleadge outlawry in the Plaintiffe he ought to have the Record in hand and note that the Disseisor in proper person or by Attourney and not by Bailiffe pleads that the Plaintiffe hath another Assise hanging against him as it appeares 8 Ed. 3. Ass 140. See 28 Ass 38.24 Ass 91. and this seemes by the Statute of Westm 2. chap. 15.19 Ass 10. and 20 Ed. 3. Ass 20. Disseisor may plead entry of the Plaintiffe after the last continuance and joynt-tenancy for he may plead all Pleas which excuse him of damages or which are in barr which doe not extinct the right of the Land 35 H. 6. fol. 16. Disseisor may plead outlawry in the Plaintiffe that is where the Tenant hath not pleaded and admitted the Writ 29 Ass 61. and 20 Ed. 3. Ass 20. It is sayd by Babington That a Disseisor can not plead any plea in barr but no wrong or that it ariseth to so much 2 H. 6. fol. 1. Pleas by Tenant Where after a Bailiffe hath pleaded or the Tenant himselfe and the Assise upon that adjourned or award or hath imparled the Tenant cannot plead new matter unlesse it be matter of a later time or a matter following or a matter upon which may have Certificate or the generall Issue THe Tenant pleads to Assise by Bailiffe and the Assise awarded the Tenant can plead no plea in barr afterwards but such upon which he may have Certificate of Assise 10 H. 7. fol. 12. 8 Ass 17. The Tenant pleads by a Bailiffe and the Assise remaines for default of Jurors and now the Tenant comes in proper person and saith The Plaintiffe hath received the Tenements of him hanging the Writ and hath let to him for yeares and hath for that he cometh in of later time 10 Ass 24.18 Ed. 3. fol. 33. If a plea be pleaded and the Justices dye all shall be pleaded anew but if they be at Issue that shall stand 5 H. 7. fol. 7. b. by Hussey After adjournment upon the Plea of the Bailiffe the Tenant may plead matter which comes of later time 18 Ed 3. tit 33. The Tenant himselfe after the Assise awarded may leave his barr and plead the generall Issue but he cannot plead a new barr after Issue 34 H. 6. fol. 10. and 29. 40 Ed. 3. fol. 48. b. The Tenant pleads in Barre and after the Jury hath the view and he leaves his Barr and pleads to the Assise 34. H. 6. fol. 29. abridg Assis fol. 138. Where they are adjourned upon a point certaine he cannot plead new plea afterwards unlesse pursuing as if the Tenant himselfe before adjournment had pleaded speciall Bastardy he may plead afterwards generall Bastardy 42 Ed. 3. fol. 12. After adjournment upon a Plea in barr certaine he cannot plead new plea in barr but onely the generall issue 8 As 10. and 10 Ed. 3. tit 157. and 44 Book of Ass 1. Where they are adjourned upon a Plea in abatement and after the
Writ is awarded good he may afterwards plead in barr 6 Book of Ass 1. Infant in Assise pleads Ontlawry of Felony in Barr and at another day was suffered to plead Release of the Plaintiffe in Barr 14 Ass 15. Assise the Tenant pleads in Barr and the Plaintiffe joynes Issue and the Court doe not take the Assise the same day and the next day the Tenant cannot change his Plea 11 H. 4. fol. 2. b. Where the Tenant pleads to the Assise by a Bailiffe if his Master have a Release or a Writing of which the Jury cannot have notice then if the Assise passe against the Bailiffe yet the Master shall have Certificate upon this Writing the same Law is if the Verdict be not well examined by the Justices and see more there Fitzherbart fol. 181. b. The Tenant pleads in Barr a Deed of the Ancester of the Plaintiffe with warranty and the Plaintiffe makes Title and afterwards he cannot plead in abatement that the Lands were in another Towne for that that the Assise was awarded 10 Edw. 3. tit 157. and 1 Ass 17. The Tenant pleads in Barr and the next day pleads by a Bailiff to the Assise and may for that the Assise was not awarded Abridg. As f. 47. Where the Assise was awarded upon the Plea of the Bailiff at another day after the Tenant comes and pleads Release and hath it for that he may have Certificate Abridgment As fol. 138. The Tenant may relinquish his Barr and plead the generall Issue otherwise it is in Cosenage Grand-Father and great Grand-Father but he cannot plead a new Barr 40 Ed. 3. fol. 49. Ass Assise the Tenant pleads in Barr the Deed of the Ancester of the Plaintiff with warranty and the Plaintiff makes Title and after the Tenant waives the Barr and pleads in abatement that the Lands are in another Town and cannot 1 Book of Assises 17. Assise If a Plea be pleaded and the Justices dye all shall be pleaded a new but if they are at Issue they shall stand 4 H. 7. fol. 7. Where in 〈◊〉 Assise a man shall have diverse Pleas to the writ and conclude over no wrong no Disseisin and where not NOte that the party himself or his Bailiff may have diverse Pleas where one is not contrary to the other concluding over no wrong as if he plead mis-naming of the Plaintiff if it be not found no Tenant of the Free-hold named in the Writ and if it be found no such Town and such like and notwithstanding and if it be not found no wrong for one is not contrary to the other but if he will say that the Tenements are in another Town and if it be not found no Tenant of the Free-hold named in the Writ and if it be not found no wrong these Pleas he shall not have for he shall not plead no Tenant of the Freehold named in the Writ c. And after say the Tenements are in another Town Note though the book at large be if it be found leaving out this word Ne yet the book of Entryes is if it be not found and so it seems in reason that it shall be as above if it be not found c. 36 H. 6. fol. 1. Where one pleads to a Writ and also in Barr what Barr is that which doth not go to the point of Assise scilicet no wrong but it is a Barr out of the point of Assise in such a case he shall not have both the Pleas for by such Barr the Plea to the Writ is waived as in an Assise of Rent the Tenant pleads wrong naming of himself and if it be not found out of his Foe he shall not have these two Pleas 3 Ed. 3.15 Tit. 172. Tit. 223. It seems if the Tenant plead in abatement of the Writ he shall not plead over to the Assise if his Plea to the Writ be not triable by the Assise 22 Book of Assises 14. In an Assise of Rent the Bailiff pleads mis-naming of the Town and if found not so c. That another is Tenant of the Rent not named for this is not contrary and it seems that in an Assise of Rent the Tenant of the Land may say that the Land whereout c. is in another Town and if found it be not that he hath a taker of the Rent not named contrary it is in an Assise of Land 15 Ed. 3. Tit. 55. In Assise by a Master and his Brethren of the fraternity of nine orders of Angells in he County Middlesex Defendant plead no such corporation by this name in this County and if it be not found not wrong he shall not have them both for the first Plea is in Barr and shall not have Barr and generall Issue 22 Ed. 4 fol. 34. Assise of Lands in Woxbridge the Tenant pleads that they are in Collam and not in Woxbridge and if it be not found no wrong and he hath 11 H. 4. fol. 2. b. It is said that in an Assise the Tenant or his Bailiff may plead tewnty severall matters in abatement or to an Assise and conclude if it be not found c. and is good 1 Ed. 4. fol. 4. and 8 H. 6. fol. 9. Where the Assise shall be awarded at large that is to say in point of Assise that is to say to inquire of Seisin and Disseisin and where in Right of Dammages and where not ASsise the Tenant pleads in abatement that the Plaintiff hath received the Land of him hanging the Assise and that he hath let to him for yeares again and the Plaintiff saith that he hath continued his Estate which he had by Disseisin without that that any Estate present of him he take and the Assise was charged upon the point and over upon the Seisin and Disseisin 10 book of Assises 24. If the Tenant plead in Barr and the Plaintiff makes title and the Tenant doth not traverse that the Assise shall be awarded at large 45 Ed. 3. fol. 24. Where there is a good Barr pleaded and an outing is confessed and the Barr is traversed or if the Plaintiff make Title and that is found for the Plaintiff or if there be an ill Barr pleaded that the Plaintiff need not answer but say come the Assise upon the Title and it is found for the Plaintif in all these cases the Plaintif shall have judgment without inquiring of Seisin and Disseisin 6 H. 7. fol. 2. Where the Plaintiff makes Title at large without answering to the Barr and the Tenant do not traverse this Title he shall not answer to that as that confessed and avoided or without saying let the Assise come upon the Title but let the Assise run without any thing saying to the Title there the Assise shall be taken at large and not upon the Title as in the Assise the Plaintif makes Title at large and in the end saith and this he is ready to aver by Assise and the foresaid tenant likewise the Assise shall be taken at large the reason
and by some if he mischoose his Tenant the Writ shall abate 8 Ass 1. Assise against two one pleads that he is a Villaine of J. S. and the other by Bailiff plead to the Assise and the Plaintif chose him which pleads by Bailif to the Assise for his Tenant and pray the Assise and he comes and pleads in Barr and was suffered the same day 22 book Assises 7. Assise against an Infant and two others where each one severally takes the whole tenancy upon him and pleads in Barr the Plaintif shall choose his Tenant at his perill and he chooseth the Infant for the Tenant and the Tenant and they found the Infant Tenant and the two others Disseisors also and the Plaintif recovers but it seems there if he mischoose his Tenant the Writ shall abate and for that that the Diffeisin was made to the use of the Infant which did not enter and is Tenant only by agreement for that it seems it is here an Errour to adjudge the Infant Tenant which had nothing but by agreement to the Disseisin 3 H. 4. fol. 16. If the Plaintif choose one to be his Tenant of all which is not tenant the Writ shall abate Abridgment of the Assises fol. 41. B. By Fortescue in Assise against two one takes the tenancy severally and pleads in Barr the Plaintif shall not answer to their Pleas in Barr nor to none of them but first shall choose his Tenant then after may the Plaintif answer to his Barr sufficiently in time and if he ill choose his Tenant the Writ shall abate Abridgment of the book of Assises fol. 116. a. Returne of Assise against J. S. Pledges to prosecute Adam Clarke David Parke THe within named J. S. is attached by one Oxe of price twenty shillings The Rest of the execution of this complaint and before the Justices of Assise and of this Writ doth appear in â—â—â—ertaine Scedule annexed to this Writ J. D. Esquire Sheriffe The Pannell THe recognition of an Assise of novell Disseisin betwixt J. D. Plaintiffe and J. S. Deforceant of a Freehold in D. and then the names of the Recognitors follow and afterward The sum of the Jurors aforesaid and every of them John Hart. Richard Smart Manucaptors summoners of the aforesaid Jurors and every of them John Doo Christopher Croo. John Den. Richard Fen. This by Plowden Com. fol. 37. Ass 12. What is a good Title in Assise for the Plaintiffe and what not TEnant plead in Barr it is no title for the Plaintif to say that he was seised tell by the Tenant disseised and traverse the Barr without conveying unto him possesion by title before his possesion as by feoffment or otherwise 27 H. 6. fol. 2. Tenant pleads a feoffment made by J. S. to him and gives colour Plaintif saith that J. D. levied a fine upon release to him and it is not good but to say that he was seised and levied a fine otherwise the title is good so if he be intitled by feoffment or recover of a stranger he shall say for title that the stranger was seised and infeoffed him 10 H. 6. fol. 22. Where the Barr is materiall as diffent feoffment of Ancestor the Plaintif with Warranty Recovery Fine c. Plaintif shall not make title at large but ought in his title answer the Barr as confesse and avoid or traverse it but where it is a Barr at large he may make title at large without answering the Barr 34 H. 6. fol. 46. 35 H. 6.67 and the book of Entries 120. 5 H. 7. fol. 29. Where the Barr is not sufficient the Plaintif may demur and need not to make title and where the tenant in his Barr gives sufficient title to the Plaintif Plaintif need not make title as if the tenant saith that his Father had him eldest and the Plaintif youngest Plaintif may say that the tenant is a Bastard without making title and is good 20 H. 6. f. 38. and 39. Where the Plaintif makes title at large the tenant may say come the Assise upon the title and is good 15 H. 7. f. 13. The tenant pleads that he recovered against J. S. and the Estate of the Plaintif mean by abatement upon J. S. hanging the Writ Plaintif saith that long time before the Writ that he himself was seised and good without shewing how he came to it for the Defendant hath given to him possession seek 9 book of Ass 10. The tenant pleads feoffment of the Grand-Father of the Plaintif with Warranty Plaintif saith that his Grand-Father was seised and he as Cosen and Heire to him entered and is good without shewing how his Grand-Father came to it see 10 Ass 23. 9 Ass 11. The tenant pleads one Barr the Plaintif intitles himself by release with collaterall Warranty and it is good 17 Assise 18. 38 H. 8. Tit. 3.26 Br. Tit. Traverse P. 26. if the tenant plead that his Father was seised in Fee and by protestation died seised it is said that the Plaintif may make title by a Stranger without that that the Father of the tenant was seised in Fee 5 H. 7. fol. 29. Where the Barr is materiall the Plaintif shall not make his title at large without answering to the Barr but in Assise 34. H. 6. fol. 24. 11 H. 7. fo 28. If the Barr be ill the Plaintif may pray the Assise without title 6 Ass Tenant pleads Fine of an Ancestor of the Plaintif to which the Plaintif saith the same Ancestor had but for life the reversion in him and that he entred by forfeiture and good without shewing how he hath the reversion Nat. Bre. 109. If the tenant pleads Plea in Barr and the Plaintif makes him title and traverseth the Barr although the title of the Plaintif be false yet the tenant shall not have advantage to take the Assise upon the title but he shall be driven to maintain his Barr otherwise it is where the Plaintif makes him title and doth not answer the Barr. Abridgment of book of Ass fol. 81. VVhere the title is found for the Plaintiffe and there is no Disseissor the VVrit shall abate The tenant saith that J. S. held the Land of him and died without Heire by which he entred as in his Escheate and gives colour c. the Plaintif faith one H. enfeoffed him and it is no title for he ought to answer to the Barr as well as where the tenant makes title by discent 27 Assise 71. Assise of Rent it is no title to shew that J. S. granted to him the Rent by Deed or by Fine but he ought to shew how the Rent began that is to say If it be a Rent charge or a Rent service or a Rent Seck 31 Ass 16. Assise the tenant pleads in Barr feoffment of the Father of the Plaintif with warranty and the Plaintif saith that his Ancestor died seifed and this discended to him and allowed by Scroope without shewing how he came to that afterwards 10 book Ass 23. VVhere the
tenant praies the Assise upon the title and upon that the Assise is awarded the Assise cannot finde other title for the Plaintiff but he may finde matter which may stand with the same title to inforce it but if the title be traversed he cannot finde another title but only the point put in the Assise 28 book of Assises 17. An Act of Parliament Fine or Recovery are of such a force that if one be bound by them the Plaintif cannot make title to this Land unlesse by reason of a title to him grown of later times As if one recovers against me or my Ancestor and hath execution and after Lenten and dye seised my Heire shall not make him title by his discent against the Recovery without shewing he hath title after the recovery the same Law of a Fine see 10 H. 7. fol. 5.32 H. 6.5 and 33 book of Assises fol. 19. Pleas in Barr and in Abatement IT seems a feoffment of the Plaintif is no Plea in Barr for that amounts to no wrong nor Desseisin 2 H. 4. fol. 20. the same 15 Ed. 4. fol. 11. 18 Ed. 4. fol. 11. A Lease for yeares or for life the reversion to the Plaintif or a feoffment of the Plaintif with warranty and rely upon the warranty is a good Barâ— Abridgment of Ass fol. 31. The tenant may plead that partition was made between the Plaintif and J. S. whose Estate he hath and it is a good Barr. 30 H. 6. fol. 1. Assise the tenant saith that the Lands put in view and in plaint are in another Town and if it be found no tenant of the Free-hold named in the VVrit c. By the Court he shall not have the second Plea for none may say that the Land is in another town but the tenant and so hath accepted the tenancy by his Plea 30 H. 6. fol. 7. Assise the tenant saith that T. B. was seised and disseised by W. W. to whom T. B. made release and against his own Deed disseised W.W. and infeoffed five persons which infeoffed the Plaintif upon which W. W. re-entred whose Estate the tenant seised hath it is good see Pleas in Barr Tit. Abridg. Ass fol. 30. Abridgement Assise fol. 41. If the Plaintiffe choose one to be his tenant of all where he is not the Writ shall abate Abridgement of Assise fol. 42. A man cannot plead in Assise that there is another hanging to which he hath appeared unless that he take the tenancy upon him and for that it is no Plea for the Disseisor Bridgement Ass 44. Death of one of the tenants shall not abate the Assise but for the portion if he be a Disseâ—sor and tenant of another parcell 27 Ass 45.40 Ass 15. Abridgement Ass fol. 43. Assise of tenements in D. and S. the tenant sayes that all is in S. if that be so the Writ shall abate for he cannot abridge a whole Towne but see now by the Statute of 21 H. 8. chap. 3. where he may abridge Abridgement of Ass fol. 45. Assise of Lands in D. is no Plea if there be two Dales for that the Plaintiff shall recover by the view of the Jury 29 Ass 59. Abridgement of Ass 106. Assise tenant pleads in Barr and after the Jury hath the view he leaves his Barr and pleads to the Assise Plaint in Assise PLaint of profits of an Office though it hath no form it shall not abate as first it ought to suppose disseisin and after shall make title and though it were not so it shall not abate 12 H. 6. fol. 22. Plaint of a Croft is good but Precipe of a Croft is not good Abridgment of Assise fol 130. b. and 8 Hen. 6. fol. 3. Time of Ed. 6. Brook tit False Latine and forme 66. Wood was put before Pasture in a Plaint of Assise and exception thereof taken yet good though it were contrary to the Register by the Commentaries fol. 169. Plaint of a Croft and was amended 14 Ass 13. and 25 Ed. 3. tit 25. the same Brook demand 17.34 Plaint of a peice of Land containing in length twenty feet and in breadth ten and is good 14 Ass 13. and 9 H. 4. fol. 3. the same Plaint by the Governour of an Hospitall it shall be of a House and not of an Hospitall 8 Ass 29 and Assise 137. Plaint of two parts of Salt Coot is good ninth Book Ass 12. Plaint of a Garment or thirty shillings though it be uncertaine for that it is according to the Deed it is good 11 Book of Ass 8. Plaint in Assise of a Garden lyeth but not a Precipe 22 Ed. 3. tit 22. 5 Ed. 2. Brook demand 39. and Fitzh breife 797. Plaint was of a Mill and doth not say a water-Mill nor VVinde-Mill yet good 21 Assise 23. Plaint of a Garment and the specialty is of a Garment with furr and the plaint good for the Garment conteines all 22 Ass 10. Where the Plaintiff may abridge in Assise and in what other Actions he may abridge and how IN a VVrit of ward the VVrit is of the custody of the Land and Heire and is not certain and for that he may abridge as he may in assise and VVrit of Dower 39 Ed. 3. Tit. Breif 10. and 32. In trespasse the VVrit is of Goods and Chattells and hee counts of Corne and ten pounds and for that that Money is not Goods and Chattells he abridged it see 8. Tit. abridgment 11. which saith that he ought to expresse the Money in the VVrit and for that he did not he abridged 39 Ed. 3. Tit. Breife 11. In all cases where the VVrit is of a Free-hold and uncertain he may abridge by June as in assise of Dower and a VVrit of ward 14 H. 6. fol. 4. In ward for that the Demand is not certain but of the custody of the Land and Heire therefore the Plaintif counts of the Mannour of D. and twenty acres and the Defendant saith that the twenty acres are parcell of the Mannor the Plaintif may abridge the twenty acres 39 E. 3 f. 10. Brooks abridgment 10. Assise of Land in great Dunmowe and little D. you cannot abridge all in one Town 8. H. 6. fol. 56. Assise and in Dower he may abridge but he cannot abridge a whole Town 14 H. 6. fol. 4. Assise where a plaint is of a Mannor he cannot abridge for that it is entire 19 H. 6. fol. 13.33 H. 6. Tit. abridgment 2. Assise plaint of Rent and Land after that the Tenant hath pleaded in Barr the Plaintif shall abridge in right of the Land 14 Ass 9. Plaint abridge in attaint Rast Assi 17. 35 H. 6. fol. 13. Assise of Common in forty acres the Plaintif cannot abridge for that that the Common is Intire but at this day it is contrary by the Statute of 31 H. 8. chap. 3.29 Ass 10. Plaintiff in every Assise at his pleasure may abridge and for that also by the Statute may abridge where the plaint is of a Mannor 21 H.
8. chap. 3. After Verdict he cannot abridge IT is said that after Verdict the Plaintiff cannot abridge his Plaint 28 As 38. Dower demanded may abridge after view Edw. 3. fol. 3. Assise they were adjourned upon Title ASsise they were adjourned upon Title and for that that they cannot agree at the day of the Adjournment after the argument Plaintiff abridge and might 10 H. 6. fol. 22. After the Jury in Assise were together in the house before their Verdict came the Plaintiff and abridged and was suffered 33 H. 7. Tit. 6. B. Attornement WHen any Mannour descends to the Lord upon every descent to the Lord it belongeth to the Steward at the first Court to make all the Tenants to make Fealty and also upon every purchase of Mannour to enter the Fealty of every Tenant which holds of that and also to enter their Attornement and Seisin of Services to the end that the Lord may by this means distrain for his Services and the Tenants may hereafter be better known to him and by 28 H. 8. Tit. 40. Attornement may be made by Tenants to the Lord in his Court to the Steward or Purchasor and not to his Servant in absence of the Lord. For that something shall be said of Fealty and where there ought to be Attornement and where not IT is said that the Tenant that hath made Homage to the Father shall not make Homage to the Son for that he hath once made Homage to his Lord but yet he shall make Fealty to the Son though he have made it to the Father but if the Mannour be recovered against the Father which hath taken Homage now he shall make Homage again Littleton fol. 29. If a Mannour be exchanged yet there ought to be Attornement otherwise the Lord cannot distrain for the Arrearages Perkins fol. 47 56 58. If one alien his Mannour by Deed indented of Bargain and Sale and inrolls that according to the Statute that is good without Attornement and the Lord may distrain for his Services and the same Law is of a Reversion so granted Rastall Inrolment 2. but of a Grant by Fine it is otherwise 27 H. 8. chap. 16. 30 H. 8. Tit. Attornement If the King grant Reversion of Lands or grant a Mannour to one and his Heirs or otherwise by his Letters Patents the Patentee may distrain or avow without Attornement and he need no Attornement 34 H. 6. fol. 7. Fitzh fol. 60. J. 6 Ed. 3. Tit. 13. Natura brevium fol. 171. accordingly 12 Ed. 4. fol. 3. Where a Mannour or Reversion is devised by Will in writing that is good and shall passe without Attornement 19 H. 6. fol. 24. Littleton fol. 132. accordingly of Devise where Lands were devisable by Custome 34 H. 6. fol. 7. The Lord may avow upon the Tenant by the Curtesie and in dower and upon him which recovered against his Tenant without Attornement for they are in by Law and need to have no Attornement 36 H. 6. fol. 35. If one have a Mannour delivered in Execution by vertue of a statute Merchant or an Elegit he may avow without Attornement 20 H. 6. fol. 7. Where a Mannour Escheats or the Lord have that as a Perquisite by his Villain he may avow without Attornement Littleton fol. 132. 34 H. 6. fol. 7. accordingly and Fitzh fol. 60. J. If a man have a Common of Pasture to a certain number or a Common of Estovers certain and grants them over these shall passe without Attornement for that they are not to be taken by the hands of Tenants but by the mouths of Beasts and where no attendance nor payment is to be made by the Tenant there the things may passe without Attornement 31 H. 8. Tit. Attornement Where a man lets for forty years and after lets the same Land to another to have the Land from the end of the first Terme for twenty years there need no Attornement and contrary when he grants a Reversion to have the same Reversion at the end of the first Terme for twenty years then next ensuing there ought to be Attornement by Horewood 37 H. 8. Tit. 41. and 1 Ed. 6. Tit. 4. A man lets a House for Life and after grants the Reversion of the said House to have from the Feast of Saint Michael next after the Death of the Tenant for Life for 21 years then next following this is goâ—â— without Attornement for this passeth by to have the House as a Lease and not as a Reversion and also the Tenant for Life is not attendant to him 3 Mary Tit. 69. One lets for twenty years and this Lessee lets that for ten years rendring Rent and after this Lessee for twenty years grants the Reversion of the Terme Rent to a stranger it behoveth that the Lessee for ten years attorne otherwise it is if no Rent be reserved 2 Ed. 6. Tit. 45. If a man lets for ten years and the same Lessee lets that to another for four years the Lessor makes a Feofment to a stranger by sufferance of the second Lessee this is a good Feofment without Attornement of the first Lessee 28 H. S. Tit. Feofments 68. B. Two joint-tenants and one release to the other it is good without Attornement 28 H. 6. Then let us see what is good Attornement and what not WHere a Reversion is granted and the Tenant attorn by a Penny it is good for it an Agreement 8 Book of Assise 25. A man grants four divers Rents and the Tenant attornes by a Penny this is good for them all that is to say for them all to distrain but not for them all to have an Assise for it is not Seisin 22 Book of assise 66. Attornement ought to be made by the Tenant in the life of the Grantor for Attornement after is not good 16 Book of Assises 25. A Lease is made for Life and after the Reversion is granted to one and the Tenant for life surrender to him this is a good attornement 23 As 18. A man seised of two acres or of two Mannours le ts one for years and after makes a Feofment of both and makes Livery of that in Possession yet the other shall passe without attornement 7 Ed. 4. fol. 20. Where a Feofment and Livery is made of a Mannour that one hath in execution by a Statute this Livery is as an attornement if the Tenant by Statute enter again 46 Ed. 3. fol. 30.7 H. 4. Statham 46. the same If a man lets a Mannour for years and after outs the Termor and enfeoffes another and makes Livery and the Termor re-enter it is good without other attornement 5 H. 5. fol. 12. the same 9 H. 6. fol 16. the same Littl. fol. 130. If a Feofment be made and Livery also and do not out the Termor nor he attorne it is not good 5 Book of Ass 1.17 Ass 3.2 Book of Ass 1. the same and 21 H. 7. fol. 7. If my tenant for life lets his Estate to another upon
9 H. 7. fol. 12. Recovery in the common Bench of Lands in the Countries of Lancaster Durham or Chester is there before not a Judge otherwise it is there of recovery of Lands in the five Ports 22 Ed. 3. fol. 30. Formedon in the Kings Bench and an Appeale in the common Bench recovery there in these are void see 7 H. 4. fol. 3. and 8 Booke of Ass 32. Glocester chap. 8. It is provided that the Sheriffs shall plead in Counties the Pleas of trespasse also as they were wont to be pleaded c. 13 H. 7. fol. 20. Waste to plead in that is not good for that that Land shall be recovered and so in an Eiectione firme and so it is in a Collegendum they shall not be sued here and by Fitzh 220. H. Plaintiff shall recover his tearm and dammages Littleton fol. 60. If there be two Tenants in common for years and one put the other out of possession he shall have an Eiectione firme of his half for that it is to recover a real Chattel So it seems that shal not be sued here nor an ejectment of Ward which is in the realty Fitzh 220. H. Processe of outlawrie lies in an Eiectione firme and yet he shall recover his Land again unlesse it be expired and also his dammages Littleton 93. A Writ of wast is a mixt action so is an Assise of novel disseisin and a Quare Impedit and for that they shall not sue here Action upon the Statute of 8 H. 6. nor upon the Statute of R. 2. shall not be sued here for that that they are given by Statute but an action upon the case may be sued here if the dammages are under 40. s. Plaint in Precipe TRespasse in one tenement with a Toft adjoyning containing four Acres of land agreed that this word Tenement is uncertain 3. E. 4. tit 28. 11. H. 7. fol. 25. tenement is no tearm to demand a house or shop 45. Ed. 3. fol. 6. Precipe of land in D. it is a good Plea that there is no such town 41 Ed. 3. fol. 22. Precipe in D. and S. for that that D. is a hamlet of S. and he demands a thing twice the Writ shall abate 8 E. 4. f. 6. Precipe doth not lie in a hamlet but in a town or a place known out of a town but all Actions personall may be brought in hamlet or town or place known Dower Assise and Scire facias to have execution of a fine it may be brought in a hamlet 16. E. 3. Precipe of a peice of land without certainty is not good but of a peice of land containing so much is good see before 11. H. 4. fol. 38. 13. H. 4. Tit. 33. Dower of a Mill though after the witnesse of the Writ it was made a Toft it is good otherwise if it were made a tost before the witnesse of the Writ 14. H. 4. tit demand 5. the same 13. H. 6. fol. 8. Upon two Verges of the Land are built houses and they are meadow and pasture they are now to be demanded as they are not as before when they were verges Fitzh 192. 6. Ed. 2. tit 41. Precipe of passage over a water c. good 27. H. 8. fol. 14. Precipe is not good of a Common but of pasture for two beasts is good 4. Ed. 4. fol. 2. the same 22. Ed. 4. fol. 13. by Jenney A man shall have a Precipe quod reddat of a house and garden but he shall not have a Precipe of a garden alone For that That Plaints shall be made for Copi-hold in nature of Precipe let us see of what and how plaint of Precipe shall be made PRecipe may be of a chamber and yet foundation may perish for that it is not in perpetuity 5. H. 7. fol. 9. contrary H. 6. 11 H. 7. fol. 24. Trespasse may be brought of trespasse in a hamlet and Precipe shall be brought of land in a town and not in hamlet 16 H. 7. fol. 7. Assise doth not lie of a Rectory Seek if an Ejectione firme lyeth of that 9. H. 7. fol. 21. Precipe of lands in D. by Bryan over D. and nether D. is good in abatement 7. H. 4. fol. 9. Wast in D. it is a good plea in abatement that D. is neither town nor hamlet 11. H. 4. fol. 38. Precipe that he should restore a certain portion of land is good by Hank and Hill 6. Ed. 3. tit Demand 41. precipe of 8 foot of land in length and 6 in bredth and good 13. Ed. 3. tit 32. 33. Precipe of an Oxgange of land is good Contrary of an Oxgange of marsh for that cannot be gained tit demand 33. 36. 40 Assis 9. Precipe shall be brought in a town and not in a hamlet 34. H. 9. fol. 1. the same 34. H. 6. fol. 20. Precipe shall be in a town or of a Mannor which is a place known out of a town and not in a Hamlet But an Assise in a Hamlet is good and also in Dower Who hath most Right and Right ought to be sued there LIttleton fol. 91. If a man be disseised by an Infant the which alieneth in fee and the Alienee dies seised and his heir enter the Infant within age he may have a Dum fuit infra aetatem or a Writ of Right or Entry at his election for he hath more right then the heir of the Alienee But if the Disseisee release to the heir of the Alienee if now he bring a Writ of Right the issue shall be upon the meer right and shall be fonnd for the heir for now he hath more right by the release of the disseisee Littleton fol. 93. If a disseisor die seised and his heir in by discent if the disseisee enter and the heir of the disseisor brings an assise he ought to recover But if he brings a Writ of Right the issue shall be upon the meer right and there the heir shall be barred for the disseisee hath more right Right Patent is to be directed to the Lord of whom the land is held unlesse it be held of the King or Queen and it is as a Commission to the Lord that he shall do Right And it may be removed by a Recordare by the Tenant with cause and by a Pone by the demandant without cause and after that it be removed in County it may be removed by the demandant by a Tolt Fitzh fol. B. and Britton fol. 275. where the Tenant puts him upon the grand Assise it shall be removed Fitzh fol. 1. F. Where Judgement final shall be and where not IN a Writ of Right Judgement final shall be given but after the mise joyned and upon every recovery upon departure in despight of the Court Judgement final shall be As in Right against a Prior which voucheth common Cryer which enâ—reth into the Warranty and the demandant Imparles and at the day the Vouchee departs in despight of the Court and upon this Judgement final given
26 H. 8. f. 10. 12 H. 7. f. 10. If the tenant in Writ of Right joyn with the mise after depart in despight of the Court Judgement final shall be given So if he joyn the Mise by a Champion and makes default Judgement final shall be given but if he make default at the Nisi prius and upon a petty Capias yet he cannot save his default Judgement final shall not be The same Law if he make default after default before the Mise joyned Judgement final shall not be Fitzh fol. 11. If a man loose by default in a Writ of right before the mise ioined yet he shall have a Writ of right against him which recovers But after the mise ioined it is otherwise for then upon default after the mise ioined the iudgement shall be finall as well against the defendant for his non-suit as against the Tenant if he make default afterwards 10 H. 6. fol. 2. Right the Tenant vouches and the vouchee comes in and joins issue and the demandant imparles till the next day and at the day the Tenant was demanded and makes default judgement final shall not be given against the vouchee there 1 H. 6. fol. 7. Where the mise is joined by battell in right and after the champion of the Tenant maketh default judgement finall shall be given Time of Ed. 1 Tit. 44. if the Tenant make default after the mise joined he shall loose the land for ever if he cannot save his default 3 H. 6. fol. 37. If the Tenant in right saith that he hath more right ready to try by battell and the plaintif rejoin and day given and at the day the Tenant makes default And for that that the Justices see a fine by which the Tenant hath but an estate tail they advise of the iudgement and clearly where the Tenant makes default after the mise ioined if it were fee iudgement finall should be Processe in Court Baron is summons attachment and distresse which is processe at the common law 34 H. 6. fol. 53. and 37. H. 6. fol. the same By Martin one cannot have a Capias in Court Baron nor execution there by Capias to satisfie but the naturall excution and processe is attachment of goods as after more at large appears 3 H. 6. fol. 56. Processe upon plaints for Coppy-hold land is the same processe which is at the common law in nature of what Writ the plaint is Amerciament in Court Baron for suit and otherwise and what remedy for that and where it shall be moderate MOderata misericordia lies where a man is amerced in a Court Baron outragiously and upon that also lieth Alias pluries and attachment But if the amerciament be affirmed by equals moderata misericordia doth not lie 10 Ed. 2. Tit. action upon the Stat. 34. And note that this is the cause that in all Court Barons three are sworn to ratifie the amerciaments after that the homage hath presented the offences and Bracton calls them Trustees Amercers and Affirmors also it seems to be by the statute of Magna Charta chap. 14. and by Westminster 1. chap. 6. which is that a man be not amerced but by his equals Fitzh fol. 75. A. Debt lieth by the Lord for amerciament in his Court Baron affirmed and there held that the defendant may wage his law in this action also amerciament may be in Court Baron upon the plaintif if he be non-suited and upon the defendant if it be found against him or if he fail of his law Statham 12 R. 2. fol. 65. A free man shall not be amerced for a small fault but according to the manner of that fault and for a great one according to the greatnesse of the fault saving to him his freehold and to a Merchant saving his Merchandize and to a villain saving his waynage And upon this Statute is Moderata misericordia founded as appeareth by the Register And Glanvile saith there is also mercy because who by the oath of lawfull men is amerced shall loose nothing of his honourable freehold Magna Charta chap. 14. If the Lord of his own head amerce any Tenant or party in the Court Baron without cause the party may have a trespasse if he be distrained for that amerciament Fitzh fol. 75. C. If the Steward or the Bailiff wil assesse any amerciament without confirming by two upon their oaths after that the homage hath presented the offenders there is a special Writ thereupon the Stat. of Magna Charta chap. 14. upon these words that none shall be put upon the aforesaid mercies but by the oath of good and lawfull men so that the Steward cannot confirm the said amerciaments by this Statute but the affirors or affirmors Fitzh fol. 76. D. Amerciament in Court Baron which is the 12. and 13. Article of the Charge for a Trespasse done to the Lord and what remedy for it LOrd of Court Baron may have an action of debt in his own Court for amerciament due to him Jurisdiction 117 Suitors for that that the Suitors are Judges there and not the Lord in his Lordship Time Ed. 1. Tit. 177. and Statham 12. R. 2. fol. 5. Debt lieth by the Lord for amerciament assessed in Court Baron and affirmed there and Bracton saith that the ascestors shall confirm that they shall oppresse none for hate nor ease others for love and that they shall not conceal those things which they heare so that the Lord cannot amerce for trespasse done unto himself unlesse by custome and usage otherwise it is extortion The Lord cannot amerce a man in his own Court for trespasse made to himself by the Law but he may by custome but if he levie the amerciament it is a good barr in trespasse be the custome so or not and if it be not used it is extortion 12 H. 4. fol. 9. It seems that for a small trespasse made to the Lord he may be amerced in the Lords Court and if it be confirmed and paid the Lord shall not have trespasse of that 14 Ed. 4.8 and 7. H. 4. fol. 8. If Tenant be amerced in the Lords Court for trespasse to the Lord it is extortion but if the Lord accept the amerciament it is good satisfaction for the prespasse and good barr in trespasse 48 Ed. 3. fol. 8. In trespasse by the Lord it is a good barr that the trespasse was affirmed by the Suitors 48 Ed. 3. fol. 8. and 47. Ed. 3. fol. 19. Attachment in Court Baron upon debt or trespasse or in any other action it seems that he shall forfeit the thing attached upon default and what thing shall be attached and what not let us see By Billing Wangford and Needham that in Pone in Court Baron the goods attached if he make default shall be forfeit to the Lord tit Court Baron 1. Brook report that 37 H. 6. is contrary but this is not in the long report 34 H. 6. fol. 49. If a Bailif attach a beast in Court Baron and it was
returned attached and doth not come it is forfeit to the Lord 28 H. 6. fol. 9. If the Sherif attach a Cow the property is not out of the defendant till he make default upon return of that and if the Sherif leave the Cow attached with the defendant yet if he make default it is forfeit to the King and the Sheriff may take it with him at the first if he will 9 H. 7. fol. 6. By Brian a plaint cannot be affirmed in a Court Baron but the Court sitting and so attachment shall be awarded the Court sitting notwithstanding it is used otherwise 21. Ed. 4. fol. 79. By Babington that attachment shall be by a meer chattel which shall be forfeited by default of the party but it shall not be by a chattel real as a lease for years or a ward nor for apparrel 7 H. 6. fol. 10. That attachment shall be of chattels which a man may forfeit by outlawry 26 H. 6. T it assise 14. By Moyle That no goods shall be attached but the proper goods of the party and not the goods which the party hath in pawn or that he hath borrowed 35 H. 6. fol. 25. The precept of attachment is made as it followeth c. IK Steward to the Bailiff of the same health Prebend of Islington Attachment because I.S. complaineth against I. D. in a Plea of debt of 30 s. or in a Plea of Trespasse if the Plaintiff sue a trespasse c. or in a Plea of detaining c. and find pledges to prosecute c. Therefore I command you that you shall attach the aforesaid I. D. by all his goods and chattels to answer the aforesaid I. S. in the Plea aforesaid at the next Court there to be held and have there this precept and how c. Dated the 23. of April the year of the Raign of Queen Eliz c. 22. By me I. K. Steward Note that in a Court Baron a man shall be attatched by goods and there shall issue no Capias there Where the entry is The great Court of J.S. there held this is but a Court Baron And where the entry is To the great Court with Leet it is presented this is uncertain and not good for the entries shall be several as it follows afterwards 10 Ed. 4. fol. 17. By-Laws I entend that By-Laws and Paints which is the 21 Article of Charge may be made in Court Baron as well as in Leet IT is said that a town may make by-Laws 11 H. 7. fol. 14. and 44 Ed. 3. fol. 19. and that where by-Laws are for the Common-wealth are good and it is general that by-Laws may be and it is not material in what Court so I intend for these causes were made in Court Baron By-Laws for inheritance shall not bind but those which were parties to it and not any other which was no party 15 Eliz. One by-Law may order the Inheritance of a man but cannot dis-inherite any by Manwood 15 Eliz. By-Law may be made in Leet and may be in a town by Harper and shall bind every one if it be for the Common-wealth and otherwise not but onely he which agrees and not an estranger 11 H. 7. f. 14. One avows taking of distresse and prescribes that c. there was a custome had that all the tenants or the greater part of the tenants of this Mannor and other the residents and Inhabitants within that Mannor or the greater part thereof to the Court Baron of that Mannor held at the said Mannor were used and acustomed to make Laws called by-Laws which proves that by-Laws may be made in Court Baron as in Court Leet 2 Eliz. Dier saith That a Steward by assent of the tenants in his Court could not by the Law apportion himself and the residue of the tenants of their Common for sheep if they have that by the grant of the Lord himself But if they have that by prescription otherwise it is And they may agree that he which surcharges shall pay to the Lord so much but then it behooveth the Lord to shew authority by prescription that his tenants have made such by-Laws of the Commons and other things of Land of time whereof c. and ought also to prescribe that he had used to distrain for that but if such amerciament had been paid without distresse of their accord this is good evidence to the prescrption of distraining Copy-holders Now let us see of Copy-hold which is the 22 Article of the Charge and first what interest a Copy-holder hath by the Law and what by the custome TRespasse by Tenant by Copy it doth not lie against his Lord for his Copy-hold Besides Danby and Bryan 21 Ed. 4. But he shall have a Subpena against his Lord and not a trespasse 7 Ed. 4. fol. 19. And at ths day it is held that a trespasse lies Tenant for life by Copy shall say in his pleading that he is seised in his demesne as of a freehold according to the custome of the Mannour and if he hath fee that he is seised in his demesne as of fee according to the custome of the Mannor and justifie not that they have no freehold at the common Law but by the custome so that Copy-holder hath fee and freehold by the custome and not by the common Law as it seems by this book 21 Ed. 4. fo 96. Trespasse against the tenant by Copy hath aid of his Lord 15 H. 7. fol. 10. and 21 H. 6. the same Copy-holder may have trespasse against one of trees cut though that the Freehold be in the Lord. So by this it seems that he may have trespasse against every one for trespasse made upon the Land but against the Lord 2 H. 4. fol. 13. The Dean of Pauls hath a Lordship of Ploughers and all the tenants are tenants at will and the freehold is in the Lord and there iâ— appears that a Copy-holder may have a trespasse at the Common Law against one which makes a trespasse upon his land but he cannot sue action at the Common Law for the land nor remove that suit out of the Court of the Lord 1 H. 5. fol. 11. The Lord shall have the wood of the Copy-hold and sell it unlesse the Copy-holder have that by custome as in many Mannors he hath 2 H. 4. fol. 13. and 43 Ed. 3. f. 32. Tenant by Copy at will which is called tenant of base tenure if he be outed shall not have a Right close but sue by Bill in the Court of the Lord and in times past a Copy-holder was called a tenant in villenage or of base tenure Fitzh f. 12. B. Tenant by Copy or by verge at will of base tenure shall never have a Monstraverunt But the Copy-holder in ancient demesne of freehold shall have it Fitzh 14. D. If my copy-holder enfeoff one I may enter for forfeiture 11 H. 4. f. 81. Tenant by copy cannot alien his land by a deed for if he do it is
forfeit Littleton f. 15. If a man lets a Mannor for years in which there are copy holders and after a copy-holder dies surrender and admittance by the Lord the termor in Court of that Mannour is as well as if he had the fee simple 4 Mar. tit Copy Br. 1.7 Copy-holders shall not have false Iudgement for then they shal be restored to the freehold or shal not lofe the free-hold but ought to sue by Bill that is to say by Plaint in Court 7 Ed. 4. f. 19. the same Littleton f. 16. They shall not be impleaded by the Kings Writ but by Plaint in the Lords Court in nature of what tâ—â— VVrit will Nat. Brevium fol. 16. Coppy-holders have an Estate of Inheritance according to the custome of the Mannors yet they have no Free-hold by the course of the Common Law Littleton fol. 16. Tenant by Copy shall make scalty to his Lord and Tenant at will by the Common Law Lit. fol. 17. It is said though Coppy-holders have Inheritance according to the custome yet they have but an Estate at the will of the Lord according to the course of the Common Law and cannot have Frespasse against their Lord yet they may bar their Lord in trespass brought by the Lord against his Coppy-holder as it appears lit f. 15. and 16. Tenant by the Verge in ancient Demesne LAnds hold by the Verge are not pleadable by the Kings Writ but by Bill for that that the Free-hold is in the Lord but there is a diversity between plow-holders of frank tenure and Plow-holders of base tenure which are dwelling in ancient Demesne for Plow-holders of Free-hold are pleadeable by a Writ of Right close but Plow-holders of base tenure are those which hold by Verge at the Will of the Lord and the Free-hold is in the Lord and are not pleadable by a Writ of Right close 14 H. 4. fol. 1. and 34 Fitzh fol. 14. C. Tenant by coppy which holds by the Verge in ancient Demesne commits Felony and was attaint the King hath yeare day and waste for that that the Free-hold was in the Tenant in ancient Demesne and yet they have no other evidence then copies of Court Roll otherwise it is of meere Coppy-holders which are out of ancient Demesne for the Free-hold is in the Lord I have seen in the County of North Coppy-holders of frank tenure out of ancient Demesne and have used a Writ of right close and have no other Evidences but by coppies according to the custome of the Mannor but their Coppies are not at the will of the Lord 3 Ed. 3. Tit. Br. 22. Stamford fol. 50. Fitzh 11. Coppy-holder of a base tenure shall not have a Writ of Right close but ought to sue by Bill in the Lords Court Nat. Bre 11. Right close lieth alwaies between ploughholder and no plow-holders may implead another plow-holder of Lands within ancient Demesne unless by this VVrit and shall make his protestation to sue in nature of what Writ he will Britton fol 16â— Calls Tenants in ancient Demosne Plow-holders and saith that Plow-holders are such which gain our Land Fitzh 14. D. Those Tenants in ancient Demesne which hold by the Verge by Coppy at the will of the Lord shall not have Monstraverunt against their Lord. Where a Coppy-holder enters and dies before be was admitted Tenant IT was held in the case of one Horewood that where a Coppy-holder hath a Daughter by one Belly and a Son and a Daughter by another and dies and after the Son enters and dies before admittance that the Daughter of the second Belly shal have the Land for it is a possession of the Brother and so it was adjudged in the case of one Stegnes These Cases following I heard agreed for Law IF Tenant by Coppy surrender generally into the hands of the Lord and it do not appeare who shall have the Land nor to what use the surrender is then the Lord shall be seised to his own use If Tenants by Coppy let for yeares by license of the Lord and after release to the Lessee by these words in the Court remise and release it is void for that it ought to be surrendred into the hands of the Lord and then the Lord ought to grant the Reversion to the Lessee for by Littleton fol. 15. It cannot passe without surrender and yet a Release is used of Coppy-hold in the Court in presence of the Steward If the Lord grant parcell of his Demesne Lands to hold by Coppy to one and his Heires this Coppy is not good but at the will of the Lessor for one cannot make Coppy-hold at this day but that shall be by prescription which hath been demised and demisable by Coppy time out of minde c. But if a Coppy-hold escheate to the Lord or he enter in that by forfeiture and at this day grant that over to J.S. by Coppy this is good Coppy and yet in 13 H. 4. fol. 7. If Lands in ancient Demesne are escheated and the King seiseth them and grants them over to J. S. they are frank fee and not ancient Demesne 6 H. 4. fol. 2. But if a Coppy-hold shall be escheated to the Lord and twenty yeares after that he grants them over by Copy againe they are Copy-hold as they were before for that that this Land hath been demised and demisable time out of minde c. If two be Joyntenants by Copy and one of them makes waste in all the Land that shall not be forfeiture but for his part and also if a stranger cuts Trees and makes waste without assent of the Coppy-holder it is no forfeiture If the Lord of a Mannor to which there are Coppy-holders grant by Copy the tenements of one tenant Coppy-holder without just cause to another Tenant in Fee or for life and the Grantee enter by vertue of that grant this Tenant which hath right and which was admitted before may have a plaint in nature of an Assise of novel disseisin against the Grantee If the Husband surrender into the hands of the Lord to the use of his Wife and doth not say A. his Wife it is a good surrender for she is certainly known by that name the same Law is if one surrender into the hands of the Lord to the use of J. his Son and hath two Sons named J. it is to the use of that J. which it is ment to If Tenant by Copy surrender his Lands by custome of the Mannour to two good men out of the Court to the use of a stranger and that made for Money paid he which surrendred cannot countermand his surrender before the two good men have presented it at the next Court for it is much like acknowledging of a Fine before a Justice of Record but where the surrender is to two to the use of his Wife or Son and not to a stranger for Money paid by one lying in extreamity in perill of death and after he revives he may well countermand his
Surrender before it be presented in Court or after if it be not by that admitted afterwards and that is often used and stands with reason and so is the Law as it seems to me If Tenant by Copy of Court-roll be attaint of Felony or Treason the Lord of the Mannour may enter for Tenant by Copy is but Tenant at will according to the Common Law though he hath Inheritance by the custome If a Copy-holder surrender into the hands of the Lord to the use of another and his Heires if the Lord will not admit him Tenant then the Land shall remaine in him which made the surrender and yet he to whose use it was made may sue by a petition or by a Subpena to be admitted If one which hath no right and was not admitted surrender to the use of another and he to whose use the surrender is made enters into the Land and is admitted yet he which hath right may re-enter and out him notwithstanding the Grant of the Lord. But it seems if a Coppy-hold descends to J.S. and he before that he is admitted Tenant surrender that to the use of J. D. and the Lord by his Steward in Court grant Seisin and admits him Tenant it is said to be a good surrender and J. D. shall injoy the Land against J. S. and his Heires Seeke for in the case against Roo the Issue was if he were admitted according to the custome of the Mannor or not Quere and yet this is no disproofe of this opinion but if a Coppy-holder surrender to the use of J. S. J. S. cannot surrender before he be admitted The Lord of the Mannour where the custome is that the Tenants hold by Copy is Chancellour within the same Court Chancellor and may redresse matters there in conscience where a Bill is exhibited to him Suitors so that the Coppy-holders are no Judges in the Court. If an under Steward hold a Court-Baron without authority of the Lord or high Steward Steward and the Lord agree and do not contradict the Steward and there be surrenders made and admittances of Copy-holders in the Court this is good but if he take a surrender and admit one out of the Court without authority of the Lord or high Steward it is not good notwithstanding a lawfull Steward as it seems may take a surrender out of the Court and admittance made out of the Court is good if it be entred in the Court-Roll that he is admitted and hath paid his Fine and hath done fealty And if one holds but one Court by appointment of the Lord where another hath a Patent to be Steward and is absent surrender taken and entred in this Court is good and also is admittance 2 Ed. 6. Tit. 26. Note that the high Stewards are for most part men of honor Steward and great men by patent and their under Stewards are men learned and are appointed by them and without Patent and the use is that they which are under Stewards to such men take Surrenders out of the Court and they are well taken by such under Stewards and the parties are admitted in the Courts held by them that is in open Court and also no doubt when such under Stewards take surrender out of the Court and that is presented by the Homage as the usage is in the Court and the party admit accordingly this is good for without authority these are not for if J. S. make a command to the Bailiff to warne the Court to be held such a day and it is warned and J.S. keeps the Court and is not contradicted by the Lord surrender taken by this J. S. out of the Court and presented and entred in this Court is good though that J.S. have no Patent of his Office for it is not without authority for if he cannot keep Court without a Patent then to every Court it behoveth the Steward should shew his Patent which is not used and was never in Issue whether the Steward had a Patent or not nor if J. S. be Steward or not and specially if he keep the Court warned by his command by diverse daies before the Court kept or if the Lord agree that he shall keep the Court and it is inconvenient that for defect in the Steward which takes surrender out of the Court and enters it in the Court by the allowance of the Homage but that it should be good otherwise one may say thirty or forty years after that the Steward had no Patent of his Office which is inconvenient and ought not to be Where the Steward of the Bishop of London of his Mannor of Hornesey hath a Patent of his Office with confirmation of the Dean and Chapter by the name of Aldred Fitziames where his name was Etheldred surrenders taken by him out of the Court and at the next Court are entred it is found by the Homage that such surrender was made c. and at the same Court the Tenant is admitted accordingly and though that his Patent in time of the Succesfor after in Assise against him be defeated by mis-naming or by other cause yet the Surrenders taken by Aldred Fitzjames during all the time of twenty yeares before his Patent was defeated are good and perfect for that that the surrender was it is found by the Homage and also for that he was the known Steward and also for that he is Judge 33 H. 8. Br. Charge 58. Confirm 30. The same Law seems in the same case if the entry were it is witnessed by the Steward or at this Court it is inrolled so that is to say that J.S. came before the Steward the Court being absent and surrendred c. and in full Court the admittance is accordingly this is a good surrender though it be not entred it is found by the Homage c. for the entry of admittance is The Lord by A. Fitziames Steward gave him Seisin thereof and it is that the Lord by his Steward admitted him and for that it is good insomuch that to that is the assent and grant of him which surrendred and also of the Lord. The same Law if the high Steward to J.S. which hath no Patent in writting of his Office takes a Surrender out of the Court and at the next Court enters that at the next Court it is inrolled so that J. S. came before the Steward the Court being absent and surrendred c. And he to whose use the surrender was made be admitted in full Court this is a good surrender The same Law is like if J. D. be Steward to a corporation without a Patent of his Office and takes surrender as above out of the Court and at the next Court enters it at this Court inrolled so that J.D. such a day came before J. D. Steward and surrendred c. And he to whose use the surrender is made is admitted in full Court this is a good surrender for that that the Steward doth in a
common Law and good by all the Justices for though a Formedon in discender were not given but by Starute yet this Writ now lieth at the common Law and it shall be intended that that hath been the custome time out of minde c. See Littleton fol. 14. Plaint in nature of Formedon in discender and also Littleton saith that copy-holder is where within the Mannour the Tenants within the same Mannour have used time out of minde to have Lands or Tenements to them and to their Heires in Fee simple or see Taile and though that the Statute of Westminster 2 chap. 1. is That the will of the giver in writing should be observed so that copy-hold is not within the Statute yet in these Mannors within which time out of minde they have been used to have Estates in taile in this Mannor and not in others are Estates taile of copy-holds 15. H. 8. tit 24. And now it is common usage to cut of the Taile of copy-holdes within such Mannors where there is an Estate taile of copy-hold by common recovery in the nature of a Writ of entry in the Post which after followes and also by recovery in nature of a Writ of Right and joyne the Mise as followes afterwards and another way is to cut of the intaile and that is by presentment that the copy-holder hath made a Lease by Indenture for divers years or other forfeiture and then the Lord to seise for that and to surrender to the Purchasor and these two waies are allowed for good It is said that five grounds of Law in England is and hath been in diverse particuler customes the which customes though they are against the generall customes of Law yet they are in effect and are taken for Law and so I intend that this custome of copy-hold Estate for that that it hath continuance by prescription is good by the Law that the copy-holder hath an Estate by custome and Law also and that of that may be an Estate taile where that hath been used by prescription Doctor and Student fol. 20. Copy-holders COpy-hold Lands were before the Conquest and it was called Folk-Land in the time of the Saxons and the Charter-lands are called Bock-land And also Bracton Book 4. allows of Copy-hold land and sayes That doing their Services and customes Their Lords cannot put them out And so Copy-hold Estates have in time of every King since the Conquest by all the Justices been allowed so that for the antiquity and their continuall alowance from time to time the Estates of Copy-holds are affirmed in Law yet Fitzh fol. 12. b. saith That Copy-holders in ancient times were called Tenants in Villainage or base tenure But this doth not make them Villaines for Littleton fol. 39. saith That some Free men hold their Tenements according to the custome of certaine Mannors by Villaine Services and yet they are not Villaines and though at the beginning of Copy-holds they had but a base Estate and at the will of their Lords yet when they have continued their Estates by Copy of time out of minde then doing their customes and services as Copy-holders ought to doe they ought to enjoy their copy-holds whether the Lord will or no and it appears by divers Statutes that copy-holds have been in reputation for by the Statute of 1 R. 3. chap. 4. 19 H. 7. chap. 13. Copy-holder which might expend by the year 26 s. 8. d. shall be accounted of the same sufficiency to be impannelled of a Jury as he which might expend 20. s. per annum of Free-hold land and by 2 Ed. 6. chap. 8. the interest of Copy-holders are preserved notwithstanding they are not found by Office after the death of the Kings Tenant and by 13 Eliz. chap. 7. Lands of a Bankrupt as well copy-hold as free-hold shall be sold so it appears copy-hold Estates shall be regarded and those Demesnes which are in the hands of the Copy-holders are such Demesnes as the services which they do make a Mannor though the Lord have no other Demesnes in his own hands nor in his Farmors Bailiff or Servants for it is Demesnes having regard to the Lord for that that upon every Surrender the Lord hath medling and grants it over in his Court. And if you will admit that an Estate Tail by usage of time out of minde may be of Copy-hold within a Mannour where it hath been used by prescription and Plaints of Formedon have there been brought why will ye doubt but that it may be well cut off by common recovery in Plaint in nature of a Writ of Entry in the Post or at least in nature of a Writ of Right and Mise ioyned upon meer Right and after Default made by the Tenant and Judgement final given though that these Recoveries have not been used there by prescription for they are at the common Law and Plaints in nature of these Writs are to be sued there of copy-hold It is said that a Fine levied in ancient Demesne is of no worth for it is no Court of Record but it is said that common Recoveries may be sued there to cut off the Intail and good for that that the land shall be pleaded there by a Writ of Right close and not otherwise and copy-holder shall be impleaded in Court Baron of the Mannour by Plaint and not elsewhere And for that the Recoveries aforesaid to cut off the Intail of a copy-holder may be there though they were not there used before if there be Estates Tail there and if usage makes the Estate Tail and also usage makes the copy-holder to have an Estate of Inheritance by custome and is good 50. Book of Assises 9.47 Ed. 3.38 And though Littleton fol. 16. If Lord out his copy-holder he hath no other remedy but to sue to his Lord by Petition for he saith the Lord cannot break the custome which is reasonable but if such Lord will break the Custome it is no Reason to suffer such a Lord to be his own Judge and to compell a copy-holder to sue to him by Petition But for that that divers Lords are of an ill conscience that before were as I have heard for that divers grave Judges now hold that a tenant copy-holder may have Trespass against his Lord according to the opinion of Brian and Danby And this at this day seems reason for though at the beginning copy-holders had but Estate at the will of the Lord yet by the continuance of this Estate of time out of minde they have such Inheritance by the custome of the Mannour that the Lord doing his Services cannot out them and the prescription goes to the Land and not to the Lord nor to the occupation for that is copy-hold land which hath been let and demisable time out of minde c. If the Tenant by copy deny to do his Services the Lord may enter for forfeiture if it be presented by the Homage but if the Tenant by chance makes a Default at the Lords Court and
shall have that Fitzh fol. 11. The King shall have yeare day and wast of Lands in ancient Demesne if it be so that the Tenant have sold them against his Lords will and yet not the Lands past by surrender Stam. fol. 50. Note this is where the copy-holders in ancient Demesne have used time out of minde to sue for them by petty Writ of Right close and so is 14 H. 4. fol. 1. by Hank and 14. H. 4 fol. 34. and see 3 Ed. 3. Br. tit copy-hold 22. And in these surrenders of Lands in ancient Demesne of frank tenure it is not used to say to hold at the will of the Lord in these copies but to hold according to the custome of the Mannor by the Services before due and is not said there at the Will of the Lord. Ancient Demesne is Socage Tenure for they are called Sokemaines Fitzh 14. C. By what Writ Execution shall be in ancient Demesne and by what not and shall be free of Toll c. EXecution of Writs in ancient Demesne cannot be for that Execution is given by Westm 2. chap. 18. and that the Statute is if they be ejected of those Tenements they have to recover by a VVrit of new Disseisin 22 Book of Ass 45. Upon a Statute Merchant execution was awarded of Lands in ancient Demesne Br. Tit. 37. Debt against Heire if he hath Lands in ancient Demesne they shall be charged as Assets 7 H. 4. fol. 15. Those Tenants of ancient Demesne are quit of Toll and passages for Goods sold and bought in Faires and Markets and to be quit of Taxe and Tallage of Parliament unlesse they be taxed by the Parliament and to be quit of expences of Knights of Parliament and shall not be put upon Juries and Inquests out of ancient Demesne for Lands of ancient Demesne Eitzh 14. Court of Pipowders Let us see the nature and authority of Court of Pipowders COurt of Pipowders is a Court of Record and the Steward is Judge for that that there are no Suitors there and for that error lieth there upon erronious judgment given and not a VVrit of false judgment 6 Ed. 4. fol. 3.7 Ed. 4. fol. 23. That errour lieth there It was held that a Court of Pipowders may be by custome in a City without Faire or Market and therefore where it was assigned for error upon a Record given in a Court of Pipowders according to the custome of the City held c. And though it be not in full Market or Faire it was adiudged no errour 13 Ed. 4. f. 8. Trespasse of Goods taken the Defendant iustifies as Bailif of the Town of Rippon by vertue of a command of execution of a iudgment given against the Plaintif in Debt in Court of the said Faire at Rippon and for that that the Plaintif did not make agreement for the Debt recovered against him within ten daies after iudgment given he makes price of the Goods by Merchants of the Town of Rippon and for that makes agreement with the party and this Justification was good 20 Book of Assise 90. It was enacted that no Steward shall hold Plea in this Court unlesse the Plaintif or his Attorney makes Oath that the fact or contract was made within the Faire and if it were the contrary he should forfeit 100 s. 17 Ed. 4. chap. 2. tit Faires the fourth In Court of Pipowders the Plaintif or his Attorney shall be examined by Oath if the matter rose within the Faire and the Defendant also may pleade that this arose in a forrain place 1 R. 3. chap. 6. Debt in the common Bench against Mawd and counts that he had recovered ten Markes against the said Mawd in Court of Pipowders at Everwick and the Plaintif by Certiorare removes the Tenor of the Record in the Chancery and from thence by Mittimus into the common Bench to have execution and attachment was made upon the Originall at the ninth houre and he appears and pleaded and a Venire facias went out returnable at the third houre after the ninth and so in Court of Pipowders the processe is from houre to houre 7 H. 6. fol. 19. The book of Entries fol. 167. See there the form of the Count and Precipe of summoning in this Court and the Processe of Capias and proceeding in Debt in this Court and Debt against a Jaylor for escape in Title Debt The book of Entries fol. 18. See Scire facias to have execution upon iudgment given in a Court of Pipowders in an action of account brought there and removed into the common Bench to have execution of that iudgment And it seems breifly that nothing shall be sued here unlesse the contract or deed were made within the Precinct of the Faire or Market as it appeares above and for that Informations of penall Statutes ought not to be sued in this Court of things and Offences made out of Faires and Markets as insufficient tanned Leather carryed to be sold in Faires against the Statutes also this Court is ordained only for hasty redresse of things there during the Faire Court of Marshalsey FIRST In the booke called the Diversity of Courts fol. 110. It is said that the Court called the Marshelsey is an ancient Court of Record and made to have good government and order within the Kings House for preservation of the King and his Servants and to this Court are certaine bounds limited by 13 R. 2. chap. 3. that in all places where the King in his own person shall come and make stay there within the Verge limited to his Graces Court that it shall not passe the space of twelve Miles to be accounted from his Lodging Fitzh 141. B. And in diversity of Courts it is said that this Court hath power to inquire of Treason Murder and Felony and to take appeales of them and also of Maymes if they be made within the Verge and between persons of the Kings House And said there also that if one of the House of the King sue another which is not of the House he shall plead to the Jurisdiction of the Court and if they will not this exception allow he shall have a VVrit of Errour and that shall be reversed in the Kings Bench Fitzh 242. A. Seek in trespasse And the Judges in this Court are the Steward and Marshall of the Kings House for in these is the order of the Kings House Note that by the Statute Articuli super chartas c. 3. that the Steward and the Marshall shall hold no Plea of Freehold nor of Debt Covenant nor of any bargain made between any of the Kings People but only of trespas made within the Kings House or other trespasse made within the Verge and of Contracts and Covenants which one of the Kings House made with another in the same House and not otherwhere And they shall plead no Plea of trespasse except the parties were arrested by them before the King departed the Verge where the trespasse was committed and
to Fortescue fol. 85. which is That none is to be sued but by the Law And the case was this That the Husband before that he tooke a Wife made an Estate for life reserving Rent and after he took a Wife and dyed so that by the Law the Wife is not Dowable of the Land much more shee shall not be assigned there by the Homagers but saith the Steward in such a case shee is by the custome of this Mannor dowable in this case and such blinde and unreasonable customes are alleadged many times amongst copy-holders where there is no President nor usage in this case to be shewed But you ought not to allow any custome but that which hath been used from time to time and from time out of minde and there ought to be Presidents in the Court-Rolls or good proofe of that to be shewed to the Court accordingly otherwise it is not to be allowed for a custome And for that that you ought to note what custome ought to have lawfull beginning as might take lawfull effect by Grants at the beginning for if it be against common right and reason it is not good and for that you ought to regard these Grounds and Customes FIrst That it be reasonable 2 H. 4. tit 10. And for that custome that no Tenant of the Mannor put in his Beasts to use his common in Feilds sowed after the corne is taken off till the Lord hath first put in his Beasts is not good for it may be the Lord will not put in his Beasts and then the Tenants shall loose their profits Also that it be according to common right 42 Ed. 3. fol. 4. Prescription of the Sheriffe that the Tenants of the place ought to give to the Sheriffe for easement for reward at the Turne of the Sheriffe halfe a Marke and this is against common right for every gift cometh upon his liberality and at the will of the giver and for that it is not good and also saith that the Sheriffe cannot prescribe Also that it be upon good consideration 42 Ed. 3. fol. 4. In the case next before where the Sheriffe prescribes for that that there is nothing which toucheth the King of which he is charged in account it is not good for there is no consideration And as 5 H. 7. fol. 9. prescription that if any pasture Sheep upon his Land by day that hee may have Foldage of them in the night upon his Land it is good for it is with consideration And you ought to note that prescription custome and usage are as Brothers and yet some thing they differ in their natures for Prescription is when by continuance of time out of memory one particular person hath particular right against another particular person And custome is where by continuance of time out of memory one right is had concerning diverse persons and usage is by continuance of time the efficient cause of them both and usage is the life of Prescription and custome for Prescription and custome have their being by usage of time out of mind c. Custome or prescription that every one which breaks the Lords pound shall pay three pound nine pence is not good against a Stranger to the Lord but that every tenant which breakes the pound shall pay three pound nine pence to the Lord is good for the Lord may give the Tenements of his Tenant to hold by such c. 11 H. 7. fol. 14. So that at the beginning the Lord may create these customes aforesaid amongst copy-holders Custome to prescribe to have used fold-gate in the night for pasture in the day is good for it is one for another and it is with common right 5 H. 7. f. 9. Custome that the Tenant of time out of minde hath used to pay so much for the Marriage of his Daughter is good 43 Ed. 3. and 6. but Littleton fol. 46. contrary Custome or prescription against common Right is not good and for that that it hath been used in Leet that if the petty twelve present false and the other twelve inquire of that and finde that false shall be amerced is not good the same Law for the Lord of the Leet which hath no Land to prescribe to be Lord of Waste 9 H. 6. fol. 44. Custome or prescription of folding Sheep in the night gathered to the Fold is not good unlesse it be as above for their pasture 46 Ed. 3. fol. 13. Custome or prescription that one may keep the distresse till he be satisfied at his Will is not good for it is against common right Lit. fol. 46.5 H. 7.9 Custome or prescription that one shall have the Land to plow and sow and when the Corn is carryed another may have that as his severall is good time of Ed. 2. Tit. prescription 55. Custome or prescription to have Toll through which is in the high-way is not good for it is against common Right but to have Toll travers is good 22 Book of Assise 58. Custome or prescription to have Warren in his Signiory Lands is good but not of Lands which are not held of him 3. H. 6.13.43 Ed. 3.13 and see 44 Ed. 3.13 Custome is good which is not against the Law of Reason nor the Law of God as customes of Gavelkinde and Borough English and Doctor and Student fol. 20. B. Custome that every Tenant of the Mannor ought to pay two Markes for Releife hold they more or lesse is good 40 Ed. 3. f. 6. Custome that the Tenants of the Mannor time out of minde have used to choose a Beadle for them to gather the Lords Rents is good 44 Ed. 3. fol. 13. Custome that none of the Town of D. shall put in their Beasts into the Feild after the corn taken off untill the Feast of S. Michaell is a good custome of the Town after 46 Ed. 3. fol. 24. But custome that none shall put his Beasts into the Feilds after the corn severed and carryed before the Lord put in his Beasts is not good for paradventure the Lord will never put in his Beasts 2 H. 4.24 Custome of the Town of Barton or of a Mannor that a Wife shall have all the Land of her Husband for her dower or a halfe or fourth part is a good custome 2 Ed. 4.17 and 21 Ed. 4. fol. 64. by Choke It is held that custome throughout the whole Kingdome is common Law and one cannot prescribe that it is a custome throughout the whole Kingdome but it is a custome in such a City or such a County 34 H. 8. Tit. custome 59.30 Ed. 3.25 2 H. 4. fol. 18. custome of County 21 Ed. 4.54 Custome of the Town which is no Burrough nor corporation allowed there but see 4 Ed. 3.38 in a reasonable part and see 21. Ed. 4. f. 53. and 54.40 Book of As 27. and 45 As 48. against the custome of the Villiage That he hath been by prescription the keeper of a Wood and custome to have of every comer a measure of
work or three pence and of every one which hath a Gate into the Wood a Hen is a custome allowed 11 H. 6.2 Custome or prescription to have House-boote in the Lords Wood is good but not to have Wood to sell 11 H. 6. f. 11. Custome that within the Mannor of D. the Wife shall have the whole Land of her Husband in Dower whilest he is unmarried and if she marry that she shall forfeit that is good and allowable 21 Ass 11. Custome that a Woman covert may demise and surrender her Copy-hold to the use of her Husband this custome is not allowable but custome that an Infant at his age of discretion may surrender his copy-hold that is good but contrary of an Infant within age of discretion to make a surrender 21 H. 7. fol. 26. Lord to prescribe that every Tenant of his Mannor ought to Impound distresse taken within his Mannor in his Pound is not good for he may Impound in his owne Land 8 Ed. 4. fol. 19. Those which are Fishets in the Sea may prescribe to goe upon the Land adjoyning to the Sea to Fish for that is for the Common wealth but to digg to fix the Stakes to dry their Nets is against common right and is not good 21 Ed. 4. tit 50. Custome to turne his Plough upon the head-head-land of another is a good custome 40 Edw. 3. fol. 9. Custome to pay to the Lord five Marks for Releife and not more hold he more or lesse is good 44 Ed. 3. fol. 13. Custome that the Tenants ought to choose a Beadle amongst them to geather the Lords Rents is good 2 Mar. tit Prescription B. 100. Custome may be alleadged where there is no person that may prescribe as Inhabitants cannot prescribe but alleadge custome there to have Common in D. for one goes with the person and another with the place and prescription with the person by 21 H. 7. fol. 13. that is That all the Tenants have used to pay after their death a Harriot is not good but that the Lord hath used to have after the death c. he may prescribe 18 H. 8. fol. 2. Inhabitants by Fitzherbart cannot prescribe to have Common but the Lord may prescribe for him and his Tenants c. of time out of minde c. 7 Ed. 4. fol. 24. It seemes that Inhabitants cannot prescribe to Intercommon because of Neighbourhood but Inhabitants may prescribe to have easement that is to say That they have a way or other thing of easement but not to take profit 12 Ed. 4. fol. 2. It seemes by Catesby that the Inhabitants of D. may prescribe that they have used to pay but three pence for Toll 18 Ed. 4. fol. 3. It is sayd that the Inhabitants of D. cannot prescribe that they have used to have Common in anothers Freehold but that they have used to have a way 15 Ed. fol. 28. the same 40 Ed. 4. fol. 18. Schollers of Oxford and Justices of Assise may prescribe to have principall of Houses notwithstanding they are not corporate for that they are for the Common wealth 26 H. 8. fol. 6. Parishoners may prescribe to choose two Church-wardens of a Church every yeare and good 11 Ed. 4. fol. 2. Serjeants at the Law may prescribe that they have used to be Impleaded by Originall and not by Bill and so prescribe in usage 20 Ed. 4. fol. ult Officer which hath his Office at will may prescribe as Cheife Justice of the Bench and other which have used to give Offices 22 Ed. 4. fol. 18. The Lord Chancellor of England which is at will may prescribe in usage that is to present to all Benefices under forty Marks which are in the Kings right but he ought to prescribe in his Office that is that all Chancellors c. and so many Justices prescribe 20 H. 6. fol. 9. the same 12 H. 7. fol. 14. Officers may prescribe that they and all the Officers whose Estate c. Have used and so forth c. Note how one shall have a Rent or a thing which cannot be granted without Deed by prescription 13 Book of Ass 4. Rent was recovered by Verdict in Assise where the Assise found that he and those whose Estate he hath were seised of time out of minde and so note Rent recovered by title of prescription and the party shews a deed by which he purchased the Rent but not a Deed of the beginning of it Littleton fol. 34. saith Such things which cannot be granted nor aliened without Deed or Fine a man which will have things by prescription he cannot otherwise prescribe but in him and his Ancestors whose Heire he is and not in him and those whose Estate he hath for that that he cannot have his Estate without Deed or other writing which he ought to shew 12 H. 7. fol. 14. One avows for that that he and all those whose Estate he hath in the Hundred have view of Frank pledge and that by reason of ten Acres within that he ought to make Suite at the view c. 22 Book of Ass 53. Ass One makes Title to Rent that he and his Ancestors Lords of the Mannor of D. and those whose Estate he hath of time out of minde have used the Rent and this is good without shewing a Deed of purchase of that being appurtenant to the Mannor 11 H. 6. f. 14. To say that he is seised of a Messuage and twenty Acres and to prescribe that he and all those c. have used House-boote and Wood to sell it is not good to prescribe to sell it Custome shall be taken strictly Custome of London is that a Citizen and a Free-man may devise in Mortmaine but a Citizen which is a forrainer cannot devise in Mortmain for it shall be taken strictly 5 H. 7. f. 10. 5 H. 7. fol. 41. Custome that an Infant of the age of fifteen years may make a Feoffment yet a Lease and Release which mounts to so much is not good 22 Ed. 4. Tit. 17. Infant by custome of Gavelkinde at the age of fifteen may make a Feoffment yet he cannot make a Will upon the same Feoffment for custome shall be taken strictly Perkins f. 83. Where the custome is that the Wife shall have halfe the Lands of her Husband for her Dower yet shee shall not have the halfe of a Faire or a Bailiwick for they are not Lands and shall be taken strictly 38 Ass 18. By the custome of London a Citizen may devise Lands which are within the same City in Mortmain but not Lands out and Forrainer cannot devise Land in London in Mortmaine Costs against the Plaintiffe THat in every Court in trespasse upon the Statute of 5 R. 3. chap. 7. Debt covenant by specialty or upon contract Detinue of Goods account action upon the case or upon the Statute for personall wrong ought to be remedied if after appearance of the Defendant the Plaintiff be nonsuited or a Verdict passe against him the Defendant shall recover his costs
which is no Executor sues an Execution the Conisor shall have this VVrit but upon recovery by the Statute of West 2. One may have a fieri facias within the yeare to have Execution and after the yeare may have Scire facias and if a man be bound in two Statutes one after the other and he which hath the last Statute hath first Execution the other shall have a Scire facias and have execution and if the Sheriff upon a VVrit to have execution returns the Conisor dead the Conisee shall have a Scire facias against the Heire of the Coniser and the Land Tenants 25 H. 7. fol. 17. VVhere the Conisee to whom a Statute is made dyes his Executors shall have Execution without suing Scire facias for that it is given by the Statute but where one hath a Judgment and dies it is otherwise West 2. chap. 45. gives Scire facias upon Judgment and upon Fine 15 H. 7. fol. 14. Husband is bound in a Statute and Lands of his VVife were extended and after the VVife dies and the Heire of the VVife enters now may the Conisee have a Capias for the Body of the Conisor though he had not that at the first for that that the Statute gives the Lands Goods and Body and if execution be defeated by lawfull entry he shall not have a Re-extent but if the Conisor himselfe take the profits of the Conisee or that the profit be destroyed by wild-fire or water the Conisee may hold over his Tearm and the Conisor cannot enter during the Tearme of extent but shall have a Scire facias and shall not have that before the Tearme ended without aquittance or that he leave Money in the Court and where the Conisee is satisfied within the tearm by casuall profit the Conisor shall have upon that a Venire facias and upon that a Scire facias And if it be extended too low the Conisor may lay the Money in Court and recover his Land and if it be found too high the Conisee may pray that the Extenders may take the Land c. 11 H. 6. fol. 8. If the Land extended be drowned by water within the Tearm the Conisee may hold over the Tearm and the same Law where he is outed by a Guardian in Knights service 15 Ed. 4. f. 5. 22 H. 8. chap. 5. VVhere Lands delivered by reasonable extent in Execution have been recovered or lawfully diversted from the Conisee of the Satute Merchants Statute Staple or Recognisances before they have been fully satisfied and paid there Debts without fraud or covin remedy given by Scire facias against the Recognisors to levy the residue VVhere a VVoman recovers dammages in Dower in the Bench she cannot have execution there of those dammages recovered by capias ad satisfaciendum for that that the Capias doth not lye in the Originall 11 H. 7. f. 15. 2 H. 4. f. 7. The Statute of Westm 2 chap. 18. gives Elegit that is to say That the Sheriffe shall deliver all the Chattells of the Debtor except the Oxen and Beasts of the Plow and the half of his Land that doth not extend to a Court-Baron but to Courts where Process is directed to the Sherift and the Statute is also when a Debt is recovered in a Court of the Kings and Court-Baron cannot award the halfe of the Land in Execution for it is no Court of the Kings but of the Lords and he cannot meddle with Lands without the Kings Command but in other Courts Execution shall be of Lands which hath a day of Judgement given and of Goods in this Court and Beasts which the party hath day of the Execution awarded and see also execution of Recognisances and of Statutes for your Learning Execution shall be of Land which hath day of recovery 7 Ed. 3. f. 93. and 21. Ass 2. A man shall have Execution of Lands which he had day of the Judgement and not before Abridgment Ass fol. 93. 19. Ed. 2. Fitzh Execution 249. Natura brevium fol. 168. A man shall have execution in Debt of no Land but of of that which the Defendant had day of the Judgement given and of Chattels which he had day of the Execution sued Natura brevium fol. 107. and 2 H. 4. fol. 15. It seems that all the halfe of the Lands which a Recognisor hath which enters into a Recognisance day of that or after are liable in execution by Elegit 24 Ed. 3. fol. 27. tit Execution 90. Fitzh 267. D. 2 H. 4. fol. 9. Note where one is bound in a Statute Execution shall be of all his Lands which he had day of the Statute acknowledged or after in whose hands they come by Feoffment or otherwise but it is not said so of Goods and Chattells And for that they shall not have them in whose hands they come but those only which he had in his hands day of the execution awarded But if the Cognisor after the Statute acknowledged lets his Land for yeares the Cognisee may out the Lessee for the words are in whose hands they come by Feoffment or in other manner Statute of Merchants fol 48. To have execution of a Statute Merchant first you shall have a Writ of Certificate in the Chancery and there upon Certificate shall goe a Capias returnable in the Common Bench or Kings Bench and then within one quarter of a yeare that it shall be taken shall goe an Extent of all his Goods and Lands See the Statute of Merchants 37 H. 6. fol. 6. Fitzh 130. G. Statute Staple shall be certified as the Statute Merchant is and upon that shall goe a Writ of execution to take him and to extend his Lands and this shall be returned in the Chancery and not into the Common Bench or Kings Bench as the VVrit of execution upon a statute Merchant shall be and upon this shall goe a Liberate Fitz. fol. 131. D. 15 H. 7. fol. 14. Upon a statute Staple he shall have the body lands and goods by a VVrit and upon a statute Merchant First a Capias by a quarter of a yeare c. and upon the returne of that Non est inventus shall have a VVrit to have execution of his Goods and Lands Upon a statute Staple after a Certificate shall goe out a VVrit to take his body and to extend his lands in what County he will and if that be returned he cannot have Extent in another County that is to say a Liberate 2 R. 3. fol. 7. Upon a statute Staple shall goe a Capias out of the Chancery returnable in the Chancery to take his body and to seife his lands into the Kings hands and at the day of returne of that Liberate 37 H. 6. fol. 6. Note that the Statute of Merchants fol. 79. is That an execution upon a Recognizance shall not be made as it is upon a Statute Merchant but as it was used by the Law before the making of this Statute and this was to
in Discender generally or may have special Writ making mention how it was given for life the remainder to his Father in tayl and one or other is good 44 Ed. 3. fol. 6. In conveyance of Degrees ye need not name him Heir but Son of him which was not seised but it is a surer way to name him Son and Heire to every one if hee were seised or not but he cannot omit any in his VVrit which was seised If the Demandant omit in Formedon one which held the Estate that is to say who was seised the VVrit shall abate otherwise it is in Scire facias 4 Ed. 2. tit 48. Formedon in Discender shal abate for that he omitted one in the VVrit which held an Estate 44 Edw 3. fol. 40. The Demandant in Formedon ought to make his discent by all which held the Estate otherwise the VVrit shall abate 46 Ed. 3. fol. 9. Though the Demandant be made heire to him which dyed in the life of his Father which was not seised yet the Writ shall not abate but is good 48 Ed. 3. fol. 7. Where the Demandant in Formedon in Discender makes mention of any and not of all the VVrit shall abate 49 Ed. 3. fol. 20. Formedon and the Register was shewed by which it was held that he ought to make him Son to every one and Sonne and Heire to him which last held the Estate but if he makes him Son and Heire to every one that is more and good notwithwanding that every one did not hold the Estate 11 H. 6. fol. 25. The Writ is not the worse though in the same it be mentioned that he is the heir of one or that he should have scarce been heir to him if he had lived if he be heir to him that last was seised 11 H. 4. f. 70. The Demandant in Formedon ought to name him Son and Heir to him that was seised But if one survive his father and were not seised he need not name himself heir but son onely but it is a sure way to name him son and heire or cozen and heire to every one Fitzh fol. 212. F. Formedon abate for that he made himself cozen and heir to the Donee where his father was seised after the death of the Donee and no mention was made of him 10 Edw. 3. tit 41. Esplees shall be alleadged in Formedon in reverter in the Donor and in the Donee and in formedon in descender and remainder in the Donee onely Formedon in reverter It behoveth to lay the Esplees in his Count in the Donor and Donee but in formedon in descender and remainder in the Donee onely 50 Ed. 3. fol. 1. Fitzh fol. 220. Formedon in remainder he alleadgeth Esplees in the Tenant for life and not in the Donor and in formedon in reverter in the Donor and Donee 9 H. 6. fol. 53. 11 Ed. 3. tit 31. the same and 18 Ed. 2. tit 20. Formedon in remainder he counts upon the matter without laying the Esplees in the Donor and it is good 27 Ed. 3. tit 36. Of what things Formedon lyeth and of what not Formedon lyeth of Gorse but not of an Advowson Fitzh fol. 217. B. It lies of pasture for 10 beasts and not of common but a Writ called quod permittat Fitzh 212. B. Formedon lyeth of Common in gross Inquire of 15. Ed. 3. Statham fol. 95. It lyes of a Corody that is to say of Rent and certain breads by the opinion of the Court 18 Ed. 3. Statham 10 book of Assise fol. 11. Nuper obiit was maintained of a Corody Ward For that that in the second Article is inquired if Tenant of the Lord dies if his Heir shall be in ward or not and for that let us see where the Lord shall have the Ward of the heir of his Tenant within age which holds of him by Knights service and where not ANd note where the Heir of Lands held by Knights service shall be said in by discent to be in Ward and where not If the father devises his Land held in Knights service to his Son and Heir in fee and dies hie Heir within age he shall be adjudged in by discent and shall be in Ward But if it were devised to his Son and Heir and to the Heires of his body the remainder to another in fee and dies the Son within age he shall not be in Ward for he is in as purchasor 3 H. 6. fol. 47. Where the Heir recovers Land held in Knight-service in formedon in discendor he shall be adjudged in by discent and if he were within age shall be in ward 2 R. 3. fol. 14. and 11 H. 7. fol. 12. Inquire if he recover in Dum non fuit compos mentis See Fitzh fol. 114. If the Heir enter for the condition broken in lands held by Knights service he shall be adjudged in by discent and shall be in ward if he be within age when he enters 11 H. 7. f. 12. 7 H. 4. f. 13. and 6 H. 4. f. the same If the Father and the Son purchase land held by Knights service to them and to the heires of the father and the father dies though the son within age he shall not be said in by discent to be in ward 43 Ed. 3. fol. 36. But by 32 H. 8. ch 1. If they be held of the King by Knights service the King shall haue the ward of them Where two or more hold joyntly lands held of the King by Knights service to them and to the heires of one of them and he which hath the Inheritance dies his heir within age the King shall have the ward of the body of the infant though that the other which hath the Free-hold be alive See the Stat. of Wills 32 H. 8. chap. 1. If an Infant in the life of his Father be made Knight Rastall Wills 23. and his Father dies he shall be in ward but otherwise it is where an Infant in ward is made a Knight there he shall be out of ward 2 Ed. 6. Tit. Ward 42. Magna Charta chap. 3. Where Reversion discends to the Issue within age he shall be in ward but where he hath a remainder by purchase is otherwise and where he in remainder dies his heir within age shall be in ward Stamf. fol. 6. and 7. the same See the Comment 35 H. 8. tit 119. A person twice in ward where a woman was young with child as a man dies seised of land held in Knights service his brother and heir within age the Lord seises the Ward the wife of the Tenant being young with child with a Son and after the wife is delivered the brother is out of Ward But if the Infant die the brother yet within age there the brother shall be in Ward again the same law where a Daughter is in Ward and after the Son is born 28 H. 8. T it Ward 86. If the King hath an Heir in ward which is a woman and she marry to one before
that 40. Ed. 3. fol. 34. If Rent of a Lessee for yeares be behinde the Lessor cannot avow upon the Termor as of Tenant upon the Land but upon the matter 47 Ed. 3. fol. the last 24 H. 8. Tit. Fealty 8. In the Exchequer held that if Lands discends to me which is held of J.S. by Homage and I make to him Homage and after other Land discends to me by another Ancestor held of J.S. also by Homage I shall make Fealty but not Homage again for I am become his man before the same Law is if both the Tenements are held of the King by Homage he shall not have two Homages but one Homage only Lit. f. 29 Tenant at will by the common Law shall not make Fealty to the Lessor but Tenant by copy at will according to the custome of the Mannor shall make Fealty to his Lord Lit. in the end of the first book and f. 29. and 10 H. 6. f. 13. accordingly If there be Lord and Tenant and the Tenant holds three Acres of the Lord by Fealty and Rent and aliens all the three Acres the Lord is not held to change his Avowrie without notice and to avow upon the Feoffee for Fealty and Rent But if he will he may the same Law if he alien but one Acre not that the Statute of Westminster the third is that he shall hold for that particular yet this is upon notice 8 Ed. 4. fol. 12. and 47. Ed. 3. fol. 4. If the Tenant make a Feoffment and there is no notice made to the Lord and the Tenant dies the Lord may distraine the Issue for Fealty and Rent and avow upon him for it sufficeth that he dies Tenant though he doth not dye seised of the Land 44 Ed. 3. fol. 13. If the Tenant be disseised and the Disseisor dyeth seised the Lord there cannot distraine the Tenant for Fealty but the Issue of the Disseisee 32 H. 6. fol. 31. and 34 H. 6. fol. 51. If the Tenant hold by Fealty and Rent if the Tenant make a Feoffment in Fee the Lord may distraine the Beasts of the Feoffee for Fealty and Rent And make avowrie upon the Feoffor till notice be given and after notice given he shall avow upon the Feoffee if he tender the arrearages otherwise not for by the Feoffment and notice he shall not loose the arrearages but may distrain as above and avow upon the Feoffor for the arrearages But I intend if the Lord accept Fealty of the Feoffee he hath lost the arrearages 47 Ed. 3. f. 4. Note that by the Statute of 21. H. 8. chap. 9. One may avow the taking in the Land if he will as within his Fee and Lordship as in Lands held of him without avowing or justiffing of any person certaine Where one in ward of the King holds of a common person also by Homage or Fealty the Lord cannot distraine for Homage or Fealty during the time that it is in the Kings hand and yet the Signiorie is not suspended but only from distresse so that after he may distraine 13 H. 7. fol. 16. If Tenant in taile which holds by Fealty makes a feoffment yet the Donor cannot avow upon the Feoffee for Fealty but if one recover against a Tenant in taile the Donor ought to avow upon him which recovers for the Fealty and if there be Lord and Tenant and the Tenant were disseised and the Lord accepts the Rent of the disseisor yet that shall be but as a Bailiff to the Disseisee and ought to avow upon the Disseis otherwise I suppose of Fealty 41 Ed. 3. f. 26. If there be Lord and Tenant by Homage and Fealty and the Tenant be disseised and the Lord accept Homage of the Disseisor he cannot avow for Homage upon the Disseisee Fitzh 142. E. Hariot For that that diverse Lords of Mannors have Hariots and these are to be inquired for the Lord in Court-Baron in the second Article of Charge It is to be noted that there are two manner of Hariots that is to say Hariot custome and Hariot service and for that Hariot custome is properly as it seems after the death of the Tenant for life and for yeares and of every Estate and also is upon altenation IT is properly Hariot custome after the death of the Tenant for life 8 H. 7. fol. 11. To have a Hariot after the Death of every Tenant that is to say for life and for yeares is a Hariot custome 21 H. 7. f. 16. f. 13. the same To have a Hariot after the death of the Tenant for life is Hariot custome for Hariot service is after the death of the Tenant in Fee 21 H. 7. Tit. 5. Br. Custome that every Tenant of every Estate ought to pay Hariot after his death is Hariot custome 14 H. 4. f. 5. Where the Lord is to have Hariot upon every surrender or upon every alienation is Hariot custome 3 H. 6. Tit. 8. b. Note that a Hariot custome may be due after death or alienation as the custome will serve It seems Hariot service is properly after the Death of Tenant in fee upon discent and not upon every Estate as before is said HAriot service is by reason of the Tenure 8 H. 7. fol. 20. Hariot service is by the Tenure and if the Tenant alien the Land without notice yet the Lord may distraine upon the Land for the Hariot for it is by reason of the Tenure and the Land is charged 8 H. 7. f. 10. B. 6. that is by prescription Hariot service is after the death of the Tenant in fee and not of every Estate 21 H. 7. f. 13. B. 5. You shall see more for payment of Hariot service title discent before and title releife after Where a Haâ—iot is certaine the Lord may seise that as Hariot custome and note that for Hariot service he may distrain it seems where it is certaine to have the best Beast that he may seise THE Lord may seise as well for Hariot service where he is to have the best Beast as for Hariot custome But it is said in another place that for Hariot custome he shall alwaies seise and not distraine for the property is in the Lord forthwith 38 Ed. 3. fol. 7. Br 2. For Hariot custome the Lord may seise and if it be conveyed away he shall have a Detinue and for Hariot service if it be conveyed away he may distraine time of H. 8. Br. 6. Doctor and Student f. 65. The Lord hath property in Hariot custome and may seise that and for Hariot service he may distrain and not seise 8 H. 7. f. 10. Br. 7. He cannot prescribe to distraine for Hariot custome though that it be conveyed away for that that he may have a Detinue for the Law adjudges possession in him 13 Ed. 3. Br 9. It is adjudged that the Lord may seise Hariot service as well as Hariot custome See Plowdens Commentaries fol. 96. between Woodland and others and 16 H. 7. f. 5. It seems
life by Deed and I deliver it out of the view and no livery of seisin that he is but Tenant at will by Newton as it is sayd before 18 H. 6. fol. 16. Note where a Deed shall enure as a confirmation without Livery of Seisin and where not A Lease for yeares is made and after the Lessor makes a Deed by I have given granted and confirmed to the Lessee to him and his heires and deliver to him this Deed this is good without livery 22 Ed. 4. fol. 37. and 19 H. 6. fol. 44. the same If I let to one for yeares and after make to him a Deed by I have given and granted to have the Land for life or to him and to his heires and deliver to him the Deed he hath an Estate according to the Deed without livery and seisin the same Law where a Disseisee makes a Deed by I have given to the Disseisor and delivers to him the Deed as before is sayd Lit. fol. 121. Feoffment to diverse and livery to one where both take and where not and where one makes a Letter of Attorney by words is not good A Man makes a Feoffment by Deed to twenty and delivers the Deed and Seisin to one in the name of all this is good to them all but if he enfeoffe twenty without Deed and Delivers seisin to one in name of all this is good to him onely Time of H. 8. Br Feoffment 72.15 Ed. 4. fol. 18. and 10 E. 4. fol. 1. by Choke Tenant enfeoffs the Lord and another and makes livery to the other nothing vests in the Lord without his agreement 10 E. 4. fol. 12.6 E. 4. fol. 4. Where a Corporation and another are enfeoffed livery to one is not good to both for that that they take in Common and for that livery shall be to both of them 7 H. 7. fol. 9. by Hussey Attorney by word cannot make livery 19 H. 8. fol. 9. by Shelley and Englefeild A man enfeoffe foure by Deed and one makes letter of Attorney to J. S. to take seifin for him and the rest and he takes seisin accordingly the residue take nothing by the seisin 17 H. 8. Br Feoff 67. Mortdancester Many times Mortdancester is brought of Copy-hold Land and for that some thing shall be said of Mortdancester and it seemes if the Tenant traverse one point of the writ the residue shall not be inquired Contrary is by 9 Ed. 3. fol. 30. Fitzh Mortdancester 13. IF one takes Issue upon one point and found against him the residue shall be held confessed 27 H. 8. fol. 12. and 39 Ass 13. But Abridgement of Assise fol. 120. If the Tenant plead in Barr which is found against him the Assise ought not to inquire of the points at large Mortdancester If the Tenant traverse one of the points of the Writ as to say that he is not next heire and is found for the Plaintiffe there he shall not inquire of other points for when one point is traversed all others are in manner acknowledged otherwise it is where he acknowledgeth no point as pleading that the Plaintiffe is a Bastard there they ought to inquire of the residue of the points Statham 35 E. 3. If the Tenant traverse one of the points of the Writ the remainder shall be held not gainsayd by Sharde 14 E. 3. tit Fitzh 8.33 E. 3. Fitzh 34. accordingly Abridgement of Assise fol. 118. The points of the Writ are three that is First if the Ancestor of the Demandant was seised in his Demesne as of fee the day that he dyed Secondly If he dyed seised within fifty yeares last past Thirdly If the Demandant be next heire The Tenant saith that the Ancestor of the Plaintiffe did not dye seised in fee and the Assise charged upon all the points 9 Ed. 3. tit 13. and 9 Book of Assises 14. according B. 21. If the Tenant plead in Barr without that that the Father of the Demandant dyed seised if that be found against him the points of the Writ shall not be inquired but if he plead to the Writ it is otherwise 27 H. 8. fol. 12. by Fitzherbart Where the Tenant traverseth one of the points of the Writ and the Assise is awarded and found for the Plaintiffe he shall not inquire of the other points but shall be taken confessed Abridgement Book of Ass fol. 118. If the Tenant pleads Feoffment or Surrender he ought to traverse the dying seised IF the Tenant pleads matter in Deed as Feoffment of the same Ancestor they ought to traverse the dying seised but if hee plead recovery this is a Barr unlesse the Tenant convey title afterwards 6 Ed. 4. fol. 11. Mortdancester Natura brevium 119. By Thorpe Feoffment of the same Ancestor is no Plea in Barr but to the Assise for the Action is taken of dying seised after that is to say The day that he dyed or not 34 Book of Assises 20. Where there shall be a re-summons and where the Assise shall be awarded upon default and the points shall be inquired THe Tenant was Essoyned and at the day made default and re-summons was awarded and sayd that it ought 8 Book of Assises 13. Inquire Fitzh fol. 196. G. The Tenant was effoyned and at the day made default and adjudged that the Assise shall be taken by his default and that resummons shall not be but immediately after Summons 4 H. 7. f. 23. and 4 Ed. 2. Fitzh 37. A man cannot recover by default in this Writ without inquiring of the points of the Writ 31 Ed. 3. Tit. 58. Abridgment Book of Assises f. 119. The Tenant makes default by which resummons went out upon which he comes and pleads and doth not answer to the default Where it is found against the Tenant upon Plea which trencheth to the action the points of the Writ shall not be inquired otherwise it is upon a Plea in abatement see 39 Book of Assises 13. and 29 Book of Assises 48. Mortdancester If the Tenant plead non-tenure of parcell to the Writ and if found c. And is ready to heare the Recognisance of the Assise the points shall be inquired 20 Book of Assises 19. and 4. Ed. 2. fol. 39. Mortdancester the Tenant saith that he is ready to heare Recognisance of Assise the points inquired 12 Ed. 3. f. 10. If the Tenant plead non-tenure of parcell he ought to plead over to the Assise that is to pray that the Points be inquired 12 Book of Assisee 8. and Abridgment Book of Ass fol. 122. See there Where Mortdancester lyeth IT lyes for the Heir where his Father Mother Brother Sister Uncle Aunt Nephew or Neece dieth seised of any Lands of an estate in Fee and an Estranger abates there the Heir shall have a Mordancester and when his Father were seised and disseised the day that he dyed yet it lyes Fitzh fol. 195. C.D. If Tenent by the Curtesie alien the Heir shall have Mordancester unlesse he hath assets by him And if a
grant an Office to one which knows not how to use it It is said that the grant is void and Justices may refuse him 5 Ed. 4. tit 48. the same 9 Ed. 4. fol 6. The King grants Office the Patentee may make title in assise without shewing that it was an Office before But if the grant was with vales and fees it is not good unlesse there be words Constituimus if there were none before 9 Ed. 4. fol 6. If the King grant the Office of one of the Clerks of the Crown to 2. the grant is good but grant to two to be chief Justice is void for it is a Judiciall office 18 Ed. 4. fol 8. The King grants the Office of chief prenotary to two that is void and the Justices may refuse to enroll it for two cannot have the keeping of the Rolls 29 H. 8. Tit. 47. If a man hath a fee of a Lord and after is made a Justice this fee is not void but after he is made Justice he is not to take fee of any but of the King But where a Parson is made a Bishop the Parsonage is void for he cannot be Ordinary to himself nor punish himself 3 H. 7. fol the last The King cannot grant the Reversion of an Office to J. S. by that name but reciting how that such a one shal have and hold such an Office for tearm of his life of Our speciall grace We grant the Office aforesaid to J. S. to have after the death c. See 32 H. 8. Chap. 27. 9 H. 7. tit 44. If the Warden of the Fleet do not bring in his prisoner which is commanded by the Court that is a cause of seising his Office And if a prisoner condemned escape he is to pay the condemnation 11 Ed. 4 fol. 1. by Vavisor Not attendance is a cause of forfeiture of the Office Westm 1. Chap. 26. No Sheriffe nor other Minister of the King shall not take reward to do his office and who doth shall restore double to the Plaintiffe and shall make Fine to the King Westm 1. Chap. 29. No servant accomptant nor other make any disceit or collusion in the Kings Court or consent to make that in deceit of the Court to wrong the Court or party and of that be attaint he shall have Imprisonment for a yeer and a day and be not heard in Court to count for none and if there be another which counts he shall be imprisoned a yeer and a day Fitzh 172. O. No Victualler ought to use to sell victuall or wine by great or retail so long as he is in Office as Mayor c. To keep the assise of bread and wine Fitzh 173. A. Victualers shall not be chosen to office of Judge in Towns and Cities but for default of others and then they shall not sell victuals See of that divers Statutes Processe of Execution JOhn Kitchin Steward to his Bayliffe health Because Rob. B. hath recovered against W.E. 31. s. in a Plea of Debt and 12 d. for charges and costs of which the said W. in the same Court was convicted by the Judgement of the Court. Therefore you shall cause to be levied according to the custome the aforesaid 31 s. in the said Court adjudged and the said 12 d. for charges and you shall have the said money at the next Court to pay to the said Rob for his damages aforesaid and have there this Precept and how c. dated the 24th day of April the yeer of the Reign of the Queen c. 21. Pound overt For that that in the 15th Article of the Charge it is to be enquired if any Distresse put into the Lords Pound be taken out without Authoritie for that let us see some things touching open Pounds SEveral pasture of one is provided for the time though it be not an open Pound for that is adjoyning to the Kings high way which is called an open Pound 5 H. 7. fol 9 If a man distrain his tenant in Fee for life or yeers for Rent he cannot impound in the same Land where he takes the Distresse but for dammage doing he may 21 H. 7. fol 39. By Choke If one take Beasts in the name of Distresse he ought to put them into an open Pound for that that he which is distrained may give to them sustenance otherwise he cannot give them meat But if he distrain dead chattels I may put them where I will but if they spoil in my default I must answer for them 9 Ed. 4. fol 2. B. If Distresse be taken out of the open Pound of the Lords of the Town he which distrains shall have a Parco fracto and not the Lord and the remedie for the Lord is presentment in the Court Baron 21 Ed. 4. fol 19. Fitzh 100. G. Where one distrains doing dammage or for Rent or service and impounds them in the common Pound or in another Pound or place which is a lawfull Pound and an other takes them out he which distrained shall have a Writ called Parco fracto of that taking out of the Pound The same Law is if they were impounded in a Close of his freind by his license and are taken out he which distrained shall have a Parco fracto and his freind Trespasse why by force of arms he broke his Close Fitzh 100. E. If Distresse be put in open Pound and they dye it is the losse of the owner but if they be put in another place it is not so And though sufficient amends be offered yet he cannot take the Distresse out of the Pound but ought to sue a Replegiare And then if it be found that sufficient was tendered he shall recover dammages for the refusall But if the Distresse dye in open Pound though sufficient amends were offered yet it is to the losse of the owner so that he ought to give to them sustenance Doctor Student fol. 113. If Distresse taken doing dammage be put in a Pound the Defendant may justifie that he hath Common in the place where the taking was and made fresh suit and came to the Pound and there he found that unlockt and took his Beasts this is lawfull upon fresh suit and being unlocked So it seems in all cases where the Distresse is taken without reasonable cause upon fresh suit and Pound unlocked the owner may take them out of the Pound 30 Ed 3. fol 171. 3 H. 6. fol 15. Defendant in Replegiare may say that he put the Beasts in open Pound and there they dyed and he shall not wage deliverance 5 H. 7. fol 9. If the Defendant in Replegiare take beasts and drives them away and doth not put them in an open Pound and they die this is not in default of the Plaintiffe But if he put them in an open Pound within the County it is not to be said that they are conveyed away but the Plaintiffe at his perill is bound to take knowledge where they are and to give them meat 39. H. 8.
cannot enter without Assignement but in other Precipe if one recover he may enter but here it shall be assigned to her by the Sheriff by metes and bounds 40 E. 3. fol. 22. Where the Woman recovers damage and where the Tenant may say he is yet ready to excuse him of damages if it be in Copy-hold and otherwise A VVoman shall recover damages where the Husband dyed seised if the Tenant do not come in the first day ready to render Dower Nat Bre fol. 7. If the Tenant come at the first day and saith that he was alwaies ready the Plaintiffe may averr that she hath demanded Dower and she cannot have it 2 H. 4. fol. 8. and this found she shall recover damages At the Summons returned the Tenant comes and saith that he was alwaies ready to render Dower and yet is for the Plaintiff to say that he was not ready alwaies is no Plea but by Thirne she ought to shew that her Husband died seised and she demanded in the Country and you refused but by Hank the bringing of the Writ is a demand in Law but he agreed that she ought to aver the dying seised of her Husband if she will recover dammages 6 H. 4. f. 5. Dower the Tenant saith that he was alwaies ready and yet is and the Demandant avers that her Husband died seised and saith that he was not ready and for that this is no Issue but she shall say that she demanded inquest of Office was awarded which findes he died seised and the Wife shall recover dammages from the time of his death but where the Tenant was ready though that the Husband died seised the wife shall not recover dammages 11 H. 4. f. 39. 6 H. 4. f. 5. Dower the Tenant saith that he hath been alwaies ready to render Dower and yet is the Plaintiff saith that her Husband died seised And she required the Defendant at D. and he refused and the Issue shall not be that he did not refuse generally but he offered and she refused without that that he refused 13 Ed. 4. f. 7. Dower the Tenant acknowledgeth the action and the Demandant to have dammages surmiseth that her Husband died seised and hath a Writ to inquire of dammages and held that if the Tenant come at the first day and will aver that he was ready and yet is if the demandant cannot aver the contrary the Demandant shall not recover dammages 14 H. 8. f. 28. If the Tenant be effoyned yet he may say yet ready for the Essoyne may be put in by a stranger 7 H. 7. f. 7. f. the last the same 2 Ed. 4. f. 20 and 14 H. 6. fol. 4. The same Dower after imparlance the Tenant cannot say that he was alwaies ready and yet is 5 Ed. 4. f. 141. Tenant for Life A Man devise all his Goods to his Wife and would that his Son should have his House after the death of his Wife notwithstanding that it is not devised to the Wife she shall have that for her life 13 H. 7. fol. 17. Lease to a Woman as long as she lives unmarried or as long as she behaves her self well it is for life conditionall 37 H. 6. fol. 28. Land is given to one to have and to hold so that he paies to the Grantor for his Life 10 l. this is an estate for life 3 Book of Ass 9. An Estate to one till he hath levied ten pounds he hath that for life till c. 21 Book of Assise 18. If I let to W.N. to hold till a hundred pound be paid and without making Livery and Seisin he hath an Estate but at will and if there be Livery it is for life upon condition to cease the hundred pound levied 2 Mar. Brook Lease 67. And so in the three cases next it is to be intended Livery to be made J.S. Tenant for life aliens to B. to have to him and to his Heires for the life of J.S. B. hath an Estate but for the life of J.S. 24 H. 8 Tit. Forfeiture 87. If Lands be given to a man and his Wife and to the Heires of their two Bodies begotten and they are divorced now they have but an Estate for their lives 7 H. 4. f. 18. If I grant Rent to you without more you shall have that for life 7 Book of Ass 1. If a devise be to one without more he hath an Estate for life 22 Ed. 3. f. 16. Tenant for yeares What Act determines a Lease for yeares and who shall have the Corne what is a good Lease for yeares and what not THE Husband seised in right of his Wife le ts for seven yeares and dies the Wife may enter but if the Termor had sowed the Land in the life time of the Husband the Termor shall have the Corn 7 Book of Assises 19. If the Lord enter upon a Copy-holder for Forfeiture and the Land be sowed the Lord shall have the Corn 42 Ed. 3. f. 25 The Husband and the Wife lets the Land of the Wife for twenty yeares rendring Rent and the Husband dies the Wife accepts the Rent it is a good Lease and was not void 3 H. 6. fol. 2.2 H. 6. fol. the same and 21 H. 6.24 If a Parson or a Prebendary let for yeares rendring Rent and dies though that the Successors accept the Rent the Lease is not good 32 H. 8. tit acceptance 14.32 H. 8. Tit. Dean and Chapter 20.24 H. 8. tit B. 19.38 H. 8. Lease 18. 22 H. 8. tit Ancestor 14. If Tenant in Dower lets for yeares rendring Rent and dies the Lease is void and acceptance by the heire of the Rent will not make the Lease good for it was void before 9 E. 4. f. 37. by Nedham If I let Land for yeares in which is a Mine I cannot enter and take that nor Trees but I shall be punished The Bishop lets for yeares rendring Rent and dies and the Successor accepts the Rent this makes the Lease good for the Bishop hath Fee and may have a Writ of Right 2 Ed. 6. tit acceptance 20. The same Law is where an Abbot lets for yeares rendring Rent and dies the Successor accepts the Rent the Lease is good 21 Ed. 4. f. 5. B. Where Tenant in taile lets for 21. yeares and dies and the Issue in taile outs the Lessee as he may and doth not accept the Rent the Lessee may have covenant against the Executor of the Lessor and recover dammages though it be not warranted 48 Ed. 3. f. 2. A Lease by Tenant in taile for 21. yeares made according to the Statute rendring ancient Rent or more though Tenant in taile dye this is a good Lease against the Issue but if Tenant in taile dy without Issue the Donor may avoid this Lease by entry 32 H. 8. chap. 28. Tenant in taile the remainder over le ts for yeares rendring Rent and dies without Issue and he in the remainder accepts the Rent this shall not binde him insomuch that when
he hath brought action against his Villaine for he cannot otherwise come to the Land 24 Edw. 3. fol. 187. If in an action a Villain imparle with his Lord or hath a day by Prece partium he is infranchised 9 H. 6. f. the last and 22 Ed. 4. f. 36. the same If the Lord suffer his Villaine to be made a Knight it is an infranchisement Britton f. 79. If the Lord infcoffs his Villaine it is an infranchisement for ever 12 H. 3. tit 42. If the Plaintiff in a Writ of Neife be non-suited he shall not have again in his life time any other Nativo habendo but the Villaine by that is infranchised during her life time 6 Ed. 2. tit Villainage 26. See 19 Edw. 2. Tit. 31. If the Lord make to his Villaine an obligation or grant to him an anuity or let to him by Deed for yeares or make to him a Feoffment and Livery and seisin he is infranchised otherwise it â—s if he makes to him a Lease at will or a Feoffment and no Livery Littleton fol. 45. By Wilby if the Lord infeoffs his Villaine without Deed he is not infranchised 24 Ed. 3. tit 32. Villaine to two Coparceners he marries one of them yet he is not infranchised against the other coparcener Fitzh f. 197. N. If a Copy-hold escheat or come to the Lord by forfeiture and the Lord grants that over by Copy to J. S. his Villaine and to his heires to hold at the will of the Lord according to the custome of the Mannor by the services due and used to be paid this is an infranchisement but if a Copy-holder surrender into the hands of the Lord to the use of J.S. the Lords Villaine and to his heires and the Lord by his Steward grant to him Seisin by the rod accordingly this is no infranchisement How the Lord may take advantage of things which he hath by his Villaine by act of his Villaine MAnnor to which a Villaine is regardant is let to one for life and the Villaine purchase in fee the Tenant for life enters he shall have lands to him and to his heires for ever Perk. f. 20. If a Villaine be granted to one for Life and the Villaine purchase in fee the Lessee enters he shall have Fee but if the Lord be Lessee for life and the Tenancy escheat he shall not have that but for life Doctor and Student fol. 90. If Lessee for yeares of a Mannor to which a Villaine is regardant dies and the Villaine purchase Lands and the Executor of the Lessee enter he shall have the Land in fee but it shall be to the use of the Testator Doctor and Student f. 90 Where a Parson hath a Villaine which purchases lands and the Parson enters he shall not have that to the use of himself but in the right of his Church 32 H. 8. tit Villainage 46. Where a Villaine is infeoffed with warranty the Lord may rebut by that if it were discended in possession of the Villaine but not vouch to have in value 18 Ed. 3. f. 29. 22 Book of Ass 37. If a Villaine and his Wife purchase joyntly in Fee and the Lord enters in the half as he may he shall have it but if he do not enter but the Husband dies the wife shall have all by the Survivor and the Lord hath lost his advantage to have the moity A bridg of ass fol. 37.40 assis 7. If a Villain be bound in a statute and before the day incurred his Lord enters the Lord shall have such advantage that execution shall not be sued against him 18. Ed. 3. Tit. Execution Statham If my villain purchase Land and I seise it and the villain dies yet the wife of the villain shall be endowed by Herl 13. Ed. 3.74 Statham 19. Ed. 2. Waste And in so much that you ought to inquire if any Farmer which hath part of the Demesnes of your Lordship hath made wast or any Copy-holder unlesse by the Custom of the Mannor he may make wast if any of them have made wast or not First let us see what is wast in Land and to be punished and what not IT is not wast to suffer the arable Land to lie fresh so that it is full of thorns Fitz. fol. 59. N. 2. H. 6. fol. 11. To suffer a Meadow to be drowned which is rushie or little worth or arable land to be drowned that nothing remains but tough Clay this is wast 20. H. 6. fol. 1. 15. H. 3. Tit. 131. Wast was brought for making meadow arable by Plowd 2. and it seems it lies If a Farmer plough meadow it is wast Fitzh fol. 59. N. and 15. H. 3. tit 131. the same 12. H. 8. If a Farmer do not repair banks of his Land in Lease by which the Land is drowned or if he dig for Copper or Stone or Coals it is wast Fitzh fol. 59. N. 20. H. 6. fol. 1. Wast lies against a Farmer for fish in a Poole 6. R. 2. Statham If there be a Myne in the Land if the Farmer dig the Land and take it it is wast 9. Ed. 4. fol. 35. B. Raising up a Furnace fixed is wast 42. Ed. 3. fol. 6. What is wast in houses to be punished and what not IF a house be uncovered by suddain tempest it is not wast but if the Lessee suffer that to be uncovered that the timber rot it is wast and if the house fall by suddain tempest it is no wast 12. H. 4. fol. 4.33 H. 6. Tit. 155. B. By Danby and Choke If strangers enemies of the King destroy a house or that it be blowen down by suddain tempest wast lies not contrary where it was by enemies traitors subjects 12. H 8. fol. 1. See the time of Ed. 1. tit 123. where it was burnt by I. S. his Neighbour by mischance It seems that not covering of a house is no wast till the great beam of that is rotten 10 H. 7. fol. 2. B. It seems wast may be assigned in breaking a stone-wall and also in a mud-wall for that it is fixt to the free-hold But the Lessee may plead that the lessor licensed him to break it down and this is a good barre And adjudged that if a house be not covered at the time of the Lease made the Lesse is not bound to cover that and also if a house were curious at the time of the Lease made that is a good barr to plead in wast 10 H. 7. fol. 2. B. 40 assis 22. the same and 10 H. 7. fol. 5. the same where a house falls by tempest though the lessee Covenant to repair it he may plead in barr in a writ of wast that it fell by tempest though he cannot plead it in a writ of Covenant 40. Ed. 3. fol. 6. If a Farmer build a house where there was none before the Lease and suffers that to decay it is wast 11 Ed. 2. Statham 12 H. 4. fol. 6. the same 42 Ed. 3. fol. 21. the
covenant to deliver great Timber of the said Land to repair the House let and will not and for lack of that the Lessee will not repair that but suffers the House to fall he is punishable for this waste but if the great Timber were to be taken from other Land and is not delivered this excuses him and he is not punishable for this waste 44 Ed. 3. f. 21. If Land be let to a lone Woman and she takes a Husband which makes waste and dies she shall be punished for that waste but if the Lease were made to the Husband and his Wife and he makes the waste and dies for that waste she shall not be punished Nat. brev f. 36. B. 3 Ed. 3. Tit. 20. Register f. 72. against the Husband and the Wife summoned B. and E. his Wife that they be c. to shew why they made waste c. of Lands c. which they held for the Dower of the said E. Register fol. 74. against a Woman Summon B. which was the Wife of C. that she be c. to shew wherefore c. of the Houses c. which she holds for her life by a Lease which D. thereof made to the said B. and the aforesaid C. sometime her Husband and to the Heirs of the said C. 14 H. 8. f. 12. When the terme of years is ended the Writ shall be which he held and where it is during the terme shall be which he holdeth 40 Ed. 3. f. 23. Where the terme passes and where the Infant is of full age it shall be against the Guardian and Termor which they held 41 Ed. 3. fol. 23. Against Tenant for life the forme is which he holds for terme of his life 40 Ed. 3. f. 33. 14 H. 6. f. 14. the same 46 Ed. 3. f. 25. If a Lease be made to one for life which grants over his Estate the VVrit shall say which he holds but where a Lease is made for anothers life and he for whose life dies the VVrit shall say he held by Finchden and not denied And if a Lease be made to a woman for years which takes a Husband before the terme ended which makes waste and the VVife dies waste lies against the Husband for the occupation See Brook Tit. 47. The same Law where a Lease was to the VVoman for life which takes a Husband c. Nat. Brev. f. 36. If Land be let to a single VVoman and she take a Husband and the Husband makes waste and dies the Wife shall answer for this waste but otherwise it is where the Land is let to the Husband and his Wife for terme of their two lives and the Husband makes waste and dies the wife shall not answer for that waste for it was the folly of the Lessor to let that to him 15 H. 3. Tit. 133. Fitzh Time of Ed. 1. Tit. 128. Fitzh If a woman Tenant for life take a husband which makes waste and dies it seems that the woman shall be charged of that for that that the woman agreed to the Lease after the death of her husband 10 E. 3. Tit. 17. Tit. 21. 133. 23 H. 8. Tit. 138. If a single woman Tenant for life takes a husband which makes waste and dies Action of waste lies against the wife but if a Lease be made to the husband and the wife and the husband makes waste and dies it is otherwise and held there for Law that if the Termor make waste and make his Executors and dies the Action of waste is gone for it is as a Trespasse which is a personal Action which dies with the person but if the Executors make the waste it lies against them Fitzh f. 56. A. If a Guardian in Knight-service grant over his Estate and the Grantee makes waste the writ of waste shall be brought against the Grantee and not against the Guardian but if the Guardian make waste and after grant over his Estate waste lies against the Guardian and not against the Grantee and so where Tenant for life or for years makes waste and grants over his Estate the writ of waste lies against him that made the waste but waste shall be alwayes brought against Tenant in Dower or Tenant by the Curtesie notwithstanding their Grant over Fitzh 550. Register fol. 72. 40 Ed. 3. Tit. 33. Waste against Tenant for life it is no Plea to say that he had nothing in the Tenancy Day of the writ purchased nor ever after for if he hath made waste and granted his Estate over yet he shall answer for this waste and though the writ be which he holdeth it is good and by Finchden waste is a writ of Trespasse in his nature and cannot be brought but against him which is Tenant when the waste was made unlesse he be Tenant by the curtesie or Tenant in Dower 41 Ed. 3. fol. 23. 44 Ed. 3. fol. 21. Fitzh 55. C. In waste against Tenant in Dower the Statute need not be rehearsed nor in waste against Guardian but against Tenant for life or for years by Demise shall be rehearsed Fitzh 56. C. In waste against Tenant by the curtesic without rehearsing the Statute that is without when of the common Councel of our Kingdome of England it is good and so it seems it is if it be rehearsed Every writ of waste is to the dis-inheriting of him which brought the writ and for that it shall be shewed in the writ though the Plaintiff hath Reversion by the Assignement of the Lessor Fitzh 58. A.B.C.D.E. Register 74. 75. And the writ of waste is of me that is the Plaintiff holds and for that it is shewed by Assignement as 46 Ed. 3. f. 25. Waste by the Assignement of the Defendant Dd. that you have it by Assignement and the Plaintiff shews that he had a Feoffment and Livery saving the terme and good Also it shall be shewed in the writ of whose Demise the Defendant hath it that is as by the Demise of another Fitzh 57. A.B.C.D.E. Register 745. that is for the Plaintiff is to recover the place wasted 34 H. 6. fol. 6. Tit. Waste Brook 121. 11 H. 6. f. 8. If waste or Quare ejecit infra terminum be brought and the terme ends hanging the writ the writ shall not abate for though he cannot recover the place wasted he shall recover Damages Also if waste be brought Quas tenuit after the terme ended he shall recover Damages though he do not recover the place wasted So where one which holds for terme of anothers life makes waste and after he for whose life dies the Lessor shall recover Damages though he do not recover the place wasted Fitzh 60. 10 H. 6. fol. 8. Waste supposed by the writ that the Defendant hath that by Legacy of one such ancester of the Plaintiff for that that the custome was so that he might devise and good 8 Ed. 2. tit 112. Waste was found in a House which was principal and the Plaintiff by Award recovered
not know By Moyl but he ought to answer that he did not worry the Sheep 41 Ed. 3. fol. 24. If a man ought to grinde his Corne at the Mill of the Defendant without paying Tole and the Miller take Tole trespasse by force of Armes lyes and so it is said where he takes more Tole then he ought but if one hinder people to come to my Market Action upon the case lies 13 H. 4. f. 12. Action upon the case lies for that that he hath a Leet in the Mannor Eyer and Court from three weeks c. There hath the Defendant held Court within the same Mannor and hath distrained his Tenants by great and often distresse and hath impoverisht them that they cannot pay their Rent Fitzh 94. E. the same 33 H. 6. f. 16. Action upon the case lies where his Steward comes to hold a Leet and the Defendant disturbs him 11 H. 4. fol. 45. Schoole-Master shall not have an action of the case against another for setting up another School that he cannot have so many Schollars as he had before for the profession is free and is for the Common-wealth the same law of erecting a Mill upon his own land though the Plaintiffs Tole be diminished he shall not have an action upon the case 22 H. 6. f. 14. Mill levied 48 Ed 3. f. 25. Action upon the case lies against Tenant at will which makes wast or burning a House willingly and not an action of waste Lit. 14. 21 H. 6. fol. 43. 7 H. 4. f. 8. Action upon the case lies for that that the Defendant ought to repaire a certaine wall upon the Thames and doth it not by which the land of the Plaintiff is drowned Fitzh 93. E. the same 7. H. 4. fol. 16. Account doth not lye against a Bailiff or Servant for driving his Plow in which default the Beasts perished but an action upon the case lyes for his negligence for default of good keeping 2 H. 7. f. 11. Action upon the case lies for negligent keeping my Sheep and the same Law for negligent carrying my Pots or glasse and where one keeps my Horse and starves him for Meat 7 H. 4. f. 45. Action upon the case lies by the Lord of B. against him which bought and sold in the Market of B. without paying Tole and though the VVrit was Tollenam asportavit yet it was also and he denied to pay it and for that it was awarded good for the first words are void and the last sufficient 11 H. 4. f. 25. If a way belonging c. be stopped Assise of Nusance lies but for stopping of a way ingrosse he shall not have an Assise of Nusance but action upon the case 14 H. 8. f. the last VVhere part of a River or way is stopt which is narrow action upon the case lies and where the whole an Assise of Nusance an action upon the case lies where he hath no other remedy 11. Ed. 4. f. 23. It seems there that a good Pleader may frame actions upon the case for many matters which are in the Chancery 26 Book of Ass 79. Action of the case lies against the Sheriff which quashed an Essoyne erroniously for false Judgment doth not lye unlesse it were Judgement of the Suitors Fitzh 114. D. If one Person of his malice and by his false imagination labour and cause another to be iudicted falsly the party which is so indicted shall not have a Writ of conspiracy but an action upon the case against him which caused him to be so indicted Fitzh 95. D. If one play with others at Dice and hee hath false Dice and wins Money of others with false Dice Action upon the Case lyes for this deceit 13 H. 7. fol. 26. Action upon the Case lyes where one hath a Water-course by Prescription to Brew and water Beasts there hath the Defendant made Lime-pits c. 4 Book of Ass 3. See Nusance for Lever Tozaile to the annoyance of the Free-hold Action upon the Case for mis-using an Officer in his Office ACtion upon the Case lyes against a Sheriffe where the Plaintiffe hath Charter of exception that he shall be impannelled upon no Jury and shews that to the Sheriff and yet he impannels him 18 H. 8. fol. 5. 21 H. 7. fol. 22. by King Where the Sheriffe serves a Fieri facias and levies the sum and doth not returne the Writ the party may have trespasse against him for levying that the same Law if by a Capias the Sheriffe arrest one and doth not returne the Writ false Imprisonment lyes 20 H. 7. fol. 13. 21 H. 6. tit 6. B. 6 H. 6. Tit. 9. Trespasse upon the Case was brought against an Escheator because he found an Office that the party held of J. S. and he returned an Office That the party held the moity of the King in Cheife and by the Court it lyes for he and the Sheriff are Officers of Record but not Justices of Record for there it was agreed that an Action doth not lye against a Justice of Record 9 H. 6. fol. 60. the same 12 H. 6. fol. 3. 47 Ed. 3. fol. 15. Conspiracy in the nature of an Action upon the Case was brought for that that the Defendant procured and caused a false Office to be found by which the Mannor was seised into the Kings hands and he sued that out to the Losse 21 Ed. 4. fol. 43. If the Sheriffe upon a Writ of second deliverance makes deliverance to the Plaintif of the distresse and will not returne the Writ so that the Defendant may constraine the Plaintif to come and count so that he may avow the Defendant shall have remedy against the Sherif and this seems by an Action upon the Case 8 H. 6. fol. 1. Where in Precipe the Sherif returnes a Summons where he was not summoned by which hee looses his Land Action upon the Case lyes against the Sherif See that deceit lyes 19 H. 6. fol. 29. Action upon the Case lyes against the Sherifs Deputy for imbezzeling a Writ of Habeas corpora and it lyes as well against him that stirrs up another to doe it as against a doer 16 H. 6. tit 38. by Paston If the Sherif returne a man sufficient upon a Venire facias by which the next Sherif iâ— charged of the Issues he shall have an Action upon the Case against the Predecessor for he cannot returne nihil against the returne of his Predecessor 1 H. 6. fol. 1. Precipe Where the Tenant looseth his Land by default upon a false returne of the Sherif as he returnes the Tenant summoned where he was not deceit lyes but if the Summoners were dead Action upon the Case lyes 38 Book of Ass 13. Action upon the Case lyes against the Sherif where he made a Precept to one which was no Bailif of the Franchise which returnes a Jury by which this was quasht to the damages c. 41 Book of Ass 12. Deceit in the nature of an Action upon the Case lyes
obtain the good will of the first Lessor and pay so much as he shall arbitrate and he obtain his favour this is a good Contract but there agreed that is but a Communication without Quid pro quo forthwith or at the Day agreed as here If you say that you will give to me ten pounds for my Horse and you do not pay forthwith it is no Bargain but if you be telling out your Money he cannot sell that to another in the mean time for there was no fault in you but if Agreement be that you shall give ten pounds for my Horse and I give a Penny in earnest that seems a perfect Bargain and you shall have the Horse and I shall have the Money by Action of Debt 15 H. 7. f. 6. 10 Ed. 4. f. 21. If a Preist be hired to sing for ten pounds per annum he is not compellable to serve as a common Laborer is but if he depart within the terme his Wages is intire and shall have nothing and there it seems if one sels his Horse to me for twenty shillings he may keep him till I have paid him 17 Ed. 4. f. 1. Trespasse of Corn taken Defendant saith the Bargain was that the Defendant should go to J. S. and see the Corn and if they liked upon the view and gave forty pence for every Acre that he should have it and saith that he liked them upon the view and took them and it is no good Plea for notwithstanding the Bargain was that he should have upon his good liking upon view yet it is upon giving sorty pence for every Acre also and he cannot take them before he pay for that is parcell of the Contract And so if one agree upon the price for Wares he cannot take them before he pay unlesse he have Day of Payment given unto him 18 Ed. 4. f. 6. The Husband sels Trees growing upon the Land of his Wife for twenty pound and the Buyer takes part of the Trees and paid ten pound and after the Wife died without Issue so that the Husband shall not be Tenant by the Curtesie The Husband shall have Debt for the ten pound for that that the contract was intire and yet the Buyer shall not have the residue of the Trees And where one sells another mans Horse which he hath by wrong for ten pound out of an open Market and the owner take the Horse as he may yet debt lieth for the ten pound for that that the Contract was once executed and by Brian if one sells a Horse for ten pound he may keep him if he will till he be paid 20 H. 6. f. 22. A man seised in fee of land sels the trees and after makes a Feoffment in fee to another before the cutting the buyer shall have the Trees 21 H. 7. f. 6. by Fineux If one ask the price of a Cloth of a Merchant in London and he saith twenty shillings and the party saith he will give it and he takes the Cloth the Merchant may have action of Debt for the twenty shillings or keep it till he be paid and if the other take it against his will he shall have trespasse at his choise 14 H. 8. f. 17. If I sell my Horse for so much as J.S. shall say it is said it is no bargaine forthwith but if he sell that to another before J.S. have said what he shall have I shall have an action upon the case 23 H. 6. f. 50. Debt the Plaintif counts that he sold twenty Acres of land to the Defendant for twenty pound which he demanded and by Newton though the Plaintif do not infeof the Defendant yet he shall have Debt and the Defendant shall have an action upon the case against the Plaintif See 3 H. 7. f. 14. 2 H. 7. f. 12. Action upon the case lies for that that the Defendant hath bargained and sold to him lands and that he hath infeoffed another of them and the Defendant traverses the Feoffment to another and that proves that this is the cause of his action and not the bargaine 18 Ed. 4. f. 16. If the bargaine were that the Plaintif should give ten pound for so much wood if he liked it or it pleased him upon the sight thereof this is a bargain at the buyers pleasure Now if first upon the sight they disagree then it is a void bargaine though he after agree to it and if he agree upon the sight it is a perfect bargaine though after he disagree 5. H. 7. f. 41. One sells Goods or Wares and after the Sale he warrants them this warranty made at another time then at the Sale is void 9 H. 7. f. 22. If the Seller warrant the thing sold the Buyer may have deceit though he hath not paid the Money for the Seller may have Debt 10 H. 7. f. 7. Agreed by the Court If I sell certaine Goods to another for a certaine sum although he do not pay the Money if a day of payment be appointed that is a good bargaine and the property altered by this sale And by Hussey and Briaâ— A Victualler shall be compelled to sel his victuall if the Buyer tender him ready payment and otherwise not 39 H. 6. f. 18. contrary by Prisot 21 H. 7. f. 6. By Fineux If one demand the price of a Cloth of a Merchant in London and he saith twenty shillings and the party saith he will give it and takes the cloth it is in election to make that a bargaine and to have an action of debt or to keep it till he be paid and if the other take the Cloth by reason of this bargaine against his will he may have action of trespasse Plow Com. f. 309. Where one undertakes by word to make a House without consideration that he shall have no action Plow Com. fol. 11. There saith That bargaines or agreements conditionall shall be said good after that the condition is performed but before they are but words 44 Ed. 3. fol. 21. Where one becomes suerty for J. S. and in consideration will give him longer day of payment if J. S. do not pay he will action upon the case lies 27 H. 8. f. 33. If I sell to you twelve barrells of Ale you shall not have the barrells but the ale but if it were twelve barrells of Wine it is otherwise for this is the usage and intent 1 H. 7. f. 13. Debt upon buying Oyle for a hundred Markes paid and so though of simple contract it seemes the Defendant may say that he bought with condition that he should pay when he had uttered them without that that the Plaintiff sold in manner and forme though he might have waged his Law 21 Ed. 4. f. 49. Debt of buying a Horse at I. in the County of Middlesex Defendant may say that he bought him in London upon condition without that that he bought him in I. in the County of Middlesex but he cannot say that he bought him in another
The Tenant would have been Essoined and could not in so much as the view was not grantable 19 H. 6. fol. 80. Debt The Defendant came by Cepi Corpus and the Plaintiffe is Essoined by this the Defendant shal have the same day without Bail but if the Plaintiffe had appeared the Defendant should answer in custody and after shall be by Bail till the end of the Plea 12 Ed. 3. tit 58 B. VVast the Venire facias was abated and a new one went out and was returned the Defendant cast Essoyne and it was adiudged and adiourned though there were the second Venire facias for the first was as none 19 Book of Assises 12 Ass The Plaintif was essoyned and the VVrit indorced Tarde and notwithstanding that the Justices adiuged and adiourned the Essoin 21 Ed. 4. f. 79. It seems that Essoin doth not lie for a Corporation for the Essoin de malo veniendi nor the Essoin de malo lecti doth not lye for it is to excuse the Defendant and a Corporation cannot appear in person but by Attorney nor an Essoin of the Kings service nor of beyond the Seas for all cannot be together by common Intendment and Protection doth not lie for a Corporation 10 H. 6. f. 1. Scire facias by three and two were Essoined the Essoin quasht by the Court for that delayes are outed by Westm 2 Chap. 45. 2 H. 7. f. 10. the same 11 H. 6. f. 31 At the day of Imparlance the Plaintiffe shall not be Essoined also he shall be nonsuited if he do not appear 45 Ed. 3. f. 19. Precipe the Tenant vouches and Process continue untill the Sequatur at which day the Tenant is essoyned and it lies well 10 Ed. 4. fol. 15. Formedon the parties were at Issue and after discontinuance by Demise upon re-summons said that the Tenant shall not be essoyned See the Statute is that Essoyn doth not lie because re-summons was in the last Presentment 1 H. 6. f. 6. the same 1 R. 3. f. 4. 34 H. 6. f. 34. Trespass upon re-attachment the Tenant was essoyned and said that it lies 44 Ed. 3. fol. 4. Ass Discontinued for not coming of the Justices and upon re-attachment the Plaintiff is essoyned and it lies and yet the Statute of Westm chap. 41. is who hath once appeared in Assise shall not be afterwards essoyned 44. Book of Assise 24. the same 22 Ed. 3. fol. 10. At the Venire facias returned the Defendant put the Paroll without Day by Protection and at the re-summons he was essoyned of the Kings Service and had it 21 Ed. 3. Tit. 35. B. Paroll was put without Day in a Precipe against a Prior for that that the King had sent a Supersedeas that he had seised the Land for Warr for that the Tenant was a Prior stranger and after Demand at the Procedendo and re-summons where the Paroll was put without Day before after Venire facias returned and the Jury appeared and at the Day of the re-summons returned the Prior was essoyned and was challenged for that that the Prior was another time essoyned upon the Venire facias in the first Action and it was not allowed but the Essoyn admitted 30. Book of Ass 51. Mortdancester at the re-summons the Tenant cast an Essoyn and it was quasht by the Statute De Calumniandis Wardens of Churches Though the Statutes for high-wayes not repaired give all Forfeitures of those Statutes to Church-wardens yet they are no Corporation and it is fit to see what things they may take and what not and what Interest they have in things of the Church and where they may be removed and where not and what Interest the Parson hath PArishoners shall have no Action of Account against Wardens but they may choose other Wardens which may have Account against the first Wardens 8 Ed. 4. f. 6. 37 H. 6. fol. 32. If a Book be given to the Parishoners of such a Church to the use of the Church the Wardens shall have Trespass against him which takes this out of the Church 10 H. 4. fol. 9. Church-wardens shall have Trespass of Bells taken though the Defendant hangs them in the Steeple and though they are annexed to the Church they are no parcell Parson shall have Trespass of Windows and Trees in the Church-yard cut and the Wardens shall have Trespass of the Ornaments taken 8 H. 6. f. 9. Parson brings Trespass of entering in a Close and House which was the Church-yard and the Church and it so feems that he hath interest in that 38 H. 6. fol. 19. Parson shall have Assise of Church-yard or Glebe 8 H. 7. f. 12. The Free-hold of the Church is to the Parson and the Pewes are Chattels unless they be fixt but some have Pewes there by Prescription but the Pewes fixt there are Free-hold to the Parson 21 H. 7. f. 21. Church-yard and Church are to the Parson and he shall have Trespass of Trees cut in the Church-yard Abridgement of Assises fol. 112. Assises It is a good Plea for the Defendant at the Jurisdiction of the Court to say that he is Parson and that it is parcell of his Church-yard 15 H. 7. f. 8. Church and Church-yard are to the Parson that is the Free-hold of them 30 Ed. 3. Tit. Account Statham See there that the Church is to the Parishoners Brit. fol. 84. Church-yards burying-places Church or Chancels are to none Seek 9 Ed. 4. fol. 15. Indictment by the Church-wardens why by force of Armes the Goods of the Chappell c. being it seems good and it seems if it were the Goods of the Parishoners it were better 8 Ed. 4. f. 6. Trespasse by the Church-wardens and it is to the loss of the Parishoners and it seems they are a Corporation for personal things 9 Ed. 4. fol. 15. Trespass was brought by Dame wiche against the Parson for taking a Coat-armor certain Pendants with the Armes of Sir Hugh Wiche her Husband And it seems that a Parson shall not have that nor the Church-wardens for they are hung there for the honour of the Body of him that was buried there 37 H. 6. f. 32. Church-wardens shall have Trespasse of the Goods of the Parish taken and an Appeal of Robbery 12 H. 7. fol. 32. Wardens of the Church cannot let Lands nor take Lands but they may have Goods Abridg. of Ass fol. 76. Church-wardens may have an Appeal of Robbery of the Church Goods 13 H. 7. f. 9. Church-wardens cannot let Lands for the Law gives them Authority to receive Goods but not to depart with any thing and may have Trespass of Goods of the Church taken 8 H. 5. fol. 4. To the Wardens of the Church are the Books and Bells and Goods of the Church Doct. and Student f. 118. For not inclosing the Church-yard and for not sufficient repairing the Church shall be a Complaint to the Ordinary Waging of Law Then for that that the ancient Triall in Court Baron is by waging of Law
plead in person afterwards that he is Prior of the Church of St. Peter and Paul for that is parcell of the name which cannot be pleaded after Imparlance for that doth notstand with c. 35 H. 6. fol 37. Trespasse against J.S. of D. after Imparlance he demands Judgment of the Writ for day of the Writ purchased he was dwelling at S. and not at D. and shall not have it for it is contrary to the name which the hath affirmed by the Imparlance 32 H. 6. fol 35. After Imparlance the Defendant cannot plead that he is dwelling in another place then is in the Count 19 H. 6. fol 1. 35 H. 6. fol 43. Debt against J. S. as Executor of J. D. and he imparles he shall not say after that he is Administrator and nor Executor 32 H. 6. fol 32. The same 36 H. 6. fol 17. 37 H. 6. fol 32. If the Defendant in personall action imparle and at the day makes default Judgment shall be given and in a reall action shall be awarded a Pettie Cape 7 H 6. fol 30. The same 11 H 7 fol 5.38 H. 6. fol 36.39 H. 6. fol 17. 4 H. 7. fol 12. If a man in debt upon an Obligation imparle before he demands hearing of the Obligation and Condition and hath that entred he cannot plead the Condition afterward for he shall not have hearing of that if he do not alledge variance 13 H. 7. fol 17. Precipe of Lands in D. the Tenant imparles and at the day he may say no such Town 9 Ed 4. fol 33. the same 7 Ed 4. fol 1. Trespas 16 H. 7. fol 17. Debt by Prior the Defendant imparles and at the day saith that the Plaintiffe is deposed for that goes in Bar. 7 Ed. 4. fol 1. Trespas against J.S. de D. in the County of Middlesex after Imparlance the Defendant cannot say no such Town D. within the said County but he may say there is over D. and nether D and none without addition 22 Ed 4. fol 1. the same 9 Ed. 4. fol 38. Precipe after Imparlance one may plead Non-tenure and Joyntenancie But in Precipe of Lands in D. and S. the Tenant Imparles and at the day saith That D. is an Hamlet of S. without that that there is any Town or place known out of the Town named D. in the same County Judgment of the Writ and hath the Plea by the whole Court 9 Ed. 4. fol. 42. Debt against Executors after Imparlance he cannot say that the Testator dyes intestate and that the Administration was committed to him Judgment of the Writ for he is estopped by the Imparlance but he may plead never Executor nor ever administred as an Executor for that is with the c. 32 H. 6. fol. 32. the same 18 Ed. 4. fol. 19. Writ is abated by death and abateable by Joyntenancie and severall tenancie and where a man is made knight or a woman takes an husband and such like and saith where a Writ is abateable if he Imparle or take continuance he cannot plead in abatement But otherwise it is if it were abated See 7 H. 6. fol. 16. and 20 H. 6. fo 17. And note that it pleaded there that the Plaintiffe is a knight 44 Ed. 3. fol. 4. After Imparlance the Defendant may plead to the Action as to say that the Plaintiffe is a Channon professed c. But he cannot plead to the Writ unlesse he come after the Continuance unlesse it were for that that the Writ is abated as death c. 20 Ed. 4. fol. 9. Debt upon a Lease of a Corodie the Defendant imparles and after that shall not have hearing of the Deed. See 4 H. 7. fol 12. 4 H 7. fol. 17. Replegeare against three which imparle joyntly and one makes default the other cannot plead no such in being as one is which makes default 11 H. 7. fol. 5. Debt for Corn the Defendant imparles and at the day makes default there shall go a Writ to inquire of the value See 37 H. 6. fol. 32. 15 H. 7. fol. 14. Attorney for Corporation after Imparlance he cannot plead that they are corporate by another name 32 H. 6. fol 12. Where a Writ is abated he may plead that though there be a Continuance as to say that the Plaintiffe is dead or hath an Husband day of the Writ but if it be abateable it is otherwise he may say that after the last continuance is made knight Judgment of the Writ c. where it is abateable 34 H. 6. fol 49. Debt upon Obligation by three the Defendant pleads not his Deed yet he may plead that after the last continuance one Plaintiffe is dead 22 Ed 4. fol 36. Trespasse The Defendant after Imparlance may say that the Plaintiffe is his wife Judgment if Action or that the Plaintiffe is a Monk professed And in Mordancester that the Demandant is a Bastard And in Debt against Executors after Imparlance he may say he was never Executor nor ever administred as Executor for these are disabilities which go in Bar. 32 H. 6. fol 32. It seems a man may plead after a Continuance that the Plaintiffe is a stranger born or Monk professed Judgment if Action and not to the person 36 H. 6. fol 7. 7 H. 6. fol. 39. It seems that after Imparlance one cannot plead to the Jurisdiction unlesse it be after speciall Imparlance saving all advantages as well to the Jurisdiction of the Courts as to the Writ and Declaration 19 H. 6. fol. 7. Debt by Executor which shews the Will as it behoveth and after the Defendant imparles there he shall not have reading of the Will again 38 H. 6. fol. 2. But if he plead variance he shall have Reading and so in Debt upon Obligation 16 Ed. 4. fol. 4. Debt upon specialtie the Defendant may plead Out-lawrie in the Plaintiffe though he hath parled for that is a Bar and intitles the King 4 Ed. 4. fol. 15. Debt after Imparlance one space in the Count cannot be amended in another tearm 39 H. 6. fol. 22. Debt upon arrerages of annuitie after Imparlance the Defendant cannot have hearing of the Deed But if the Defendant plead that it was made in another County then where the Writ was brought and then he shall shew 39 H. 6. fol. 17. the same Pleas after day given IF the Defendant imparle and make default he shall be condemned and upon day given shall issue Processe 7 H. 6. fol. 42. 19 H. 8. fol. 6. Note by all the Prothonotaries that day given is ever before the Count and Imparlance is after the Count and therefore where three Capias and Exigent is awarded and the Defendant appear upon the Exigent and hath day given and after makes default Distringas shall go and upon that returned Nihil other 3 Capias and Exigent and upon default in persâ—r all action he shall be condemned See 7 H. 6. fol 42. 20 H. 6. fol 17. Trespas the Defendant at the day which he hath by
came with him to the Assise staid with him pray'd the Sheriff to make an indifferent pannell which is the same maintenance and it is a good Plea 11 H. 6. f. 39. Generall Attorney which sues and is not skilled in the Law may well meddle but he cannot proffer Money to a Jury but may pray them to appeare 34 H. 6. fol. 27. By Choke Maintenance he cannot justifie for that that he was an Attorney retained with him and that by commandement of his Master he retained Councell and gave to them forty pence of his Masters Money and good Inquire if an Attorney cannot retaine Councell without the commandement of his Clyent and if he may not disburse of his proper Moneys for the time But Attorney cannot give of his proper Money nor of his Masters money to Jurors 36 H. 6. fol. 29.11 H. 6. fol. 13. the same Maintenance the Defendant saith that he was an Attorney in the action Judgment if action and good But he cannot give any thing to the Jury but as an Attorney and give Evidence to the Jury for his Clyent he may 13 H. 4. f. 19. If a man maintaine a quarrell by his Attorney action of maintenance lies against the Master 22 H. 6. f. 24. And by Newton If a man of great power in the Countrey will say in the presence of the people that he will spend twenty pound for one party or will give twenty pound to labour for the party though he give nothing is maintenance see before 9 H. 7. fol. 18. Maintenance against a Servant of one by Fortescue if he meance Jurors to out them of their Tenures if they do not paâ—e with his Master this is special Maintenance in the Servant 19 H. 6. f. 30. A man skilled in Law may do his endeavour for his Client and it is no maintenance if the Plaintiff cannot alleadge other special matter forbidden by the Law 8 H. 4. f. 6. B. Embraceor is he which comes to the Barr with the party and speaks in the matter or is there to overlook the Jury or to put them in feare but men skilled in Law may speak in the Cause for their Money but they cannot labour the Jury and if they take money to do that they are Embraceors Fitzh f. 71. A. Tenures and Services It is expedient to know the Services and Tenures which your Tenants shall do and first of the Tenure in cheif and other Tenures of the King and then of other Lords FIrst Tenure in cheif is called where one holds of the King meerly as of his Crown which is a Signiory ingrosse for that it is held of him which is alwayes King and not of the King as of his Mannour of D. c. Fuzh. 3. D. If any Land be held of the King as of the Honour Castle or Mannour such Lands are not held of the King in cheif and this is proved by the Writ of Right which shall be directed in such a Case to the Bailiffs of the Honour Castle or Mannour Also the Statute of Magna Charta chap. 31. is if any hold of any Escheat as of his Honour of Wallingford Nottingham Bullo gne Lancaâ—â—er and of other Escheats which are in Our hand and are of Baronies and dies his Heir shall not give other releif nor make to us other Service then the Barons should make if that Barony were in the hands of the Baron and we in the same manner will hold it as the Baron held it 1 Ed. 6. chap. 4. also is that where a King hath or after shall have any Dukedomes Baronies Castles Mannours Land Tenements Fees or Signiories by Attainder Conviction Outlary or by Dissolution of Monasteries which Lands held of them by Knights Service Socage or otherwise shall not be construed to hold in chief nor as Tenure in cheif See in Br. Tit. Tenures 100. Littleton fol. 31. Tenure of the King in Burgage is where an ancient Town is of which the King is Lord and those which have Tenements within the Borough hold of the King their Tenements that every Tenant by his Tenure ought to pay to the King a certain Rent by the year and such Tenure is but Tenure in Socage Fitzh 6. D. Lands and Tenements within Cities and Townes are held of the King in Burgage Tenure and it behoveth that a Writ of Right Patent of them shall be directed to Mayors Sheriffs and Bailiffs as Bailiffs and Officers of the King as if Lands were held of the King as of any Honour Castle or Mannour by which it appears Tenure in Burgage is Socage Tenure and not Socage in cheif Fitzh fol. 1. J. the same Stamford 13. If one hold of the King in Burgage the King shall not have first Seisin but otherwise it is where he holds of the King by Knights Service in cheif or by Socage in cheif for the Statute of the Kings Prerogative chap. 3. is the King shall have the first Seisin after the Death of them which of him held in cheif of all Lands and Tenements of which they were seised in their Demesn as of Fee whatsoever age their Heirs were of and that is taken as well of Socage in cheif as otherwise in cheif 7 H. 6. fol. 3. The King shall have first Seisin where his Tenant dies seised in his Demesne as of Reversion 47 Ed. 3. fol. 21. If the King purchase Lands which is held of others by this all the Services are extinguished and if he infcoff others to hold of him he shall hold of his Crown in cheif by Finchden and also when an Honour is seised into the Kings hands and a Mannour is held of that Honour which escheats unto him as of common Escheat if he alien to hold of him he shall hold as he held before of the Honour and by the same Services but if he come in as by Forfeiture by Warr or Escheat which is because of his own person and he seise and infeoff others they shall hold in cheif if the King do not expresse other Tenure 33 H. 6 fol 7. By Prisot if the King seise Land by Forfeiture of Treason and grant that over to hold of the cheif Lord by the Service due c. that in this case he shall hold of the cheif Lord as it hath been adjudged 44 Ed. 3. f. 45. The King gives Lands to one to hold to him and his Heirs by the Services due c. and by all the Justices that is Tenure by Knights Service 11 H. 4. fol. 71. It was recorded in the Exchequer that such a one holdeth so much Land of our Lord the King by Serjeanty to finde one Man for the Warr wheresoever within the four Seas and by Hank it is great Serieanty to be made by the Body of a Man 13 H. 7. fol. 16. If one hold of the Dutchy of Cornwall it is in cheif for it was ancient Lands of the Crown Fitzh 165. A. To hold Land to pay certain Rent to the Keeper of the Castle of
Was the opinion that Advowson may lie in Tenure as where a Mannour and Advowson are held the Advowson is made in grosse and the Advowson is held for it self 21 Ed. 3. f. 3. It seems that an Advowson lieth in Tenure 24 Ed. 3. Tit. 18. 14 H. 7. fol. 26. 15 H. 7. fol. 8. the same 32 Ed. 3. Tit. 75. Br. A fishing doth not lie in Tenure for the Soil may be to one and the fishing to another 11 H. 4. fol. 80. It seems by Hill that Rent cannot be held of a common person 10 H. 6. f. 12. Rent lieth in Tenure of the King 10. Book of Assise 24. 1 H. 6. f. 21. Fitzh 263. B. 13 H. 6. f. 12. 40 Ed. 3. fol. 44. Fishing lies in Tenure and yet it is a profit in anothers Soil 8. Book of Assise 7. Office may be held in cheif 42 Ed. 3. fol. 7. Advowson may hold 43 Ed. 3. fol. 15. the same 14 H. 4. fol. 3. Where a Deed is to hold by Homage Fealty Escuage and Rent for all Services the Lord shall not have Suit of Court 20 H. 7. fol. 10. He might before the Statute infeoff one to hold of him and after the Statute if he infeoff him of part he shall hold for that part 10 H. 7. fol. 10. the same 5 H. 7. f. 11. By Fairefax Termor for yeares shall make Fealty to his Lessor Littleton 25. 9 H. 6. f. 43. the same 10. Book of Ass 29. Lord Mesne and Tenant the Tenant holds of the Mesne by three pence and the Mesne over of the Lord by four pence the Mesne dies without Heir the Lord shall have the three pence for the Signiory is extinct in the Mesnalty so that he shall onely have the Services which the Mesne should have had and also the Services which the Mesne paid to the Lord but it is said otherwise upon forejudging for there the ancient Signiory remaines for this wills the Statute Littleton 41. Lord Mesne and Tenant and the Tenant holds of the Mesne by the Service of five shillings and the Mesne holds over by the Service of twelve pence the Lord Paramount purchases the Tenancy in Fee then the Services of the Mesnalty are extinct but for that that when the Lord Paramount hath the tenancy he holds of his Lord next Paramount and for that the Signiory of the Mesnalty is extinct but for that that the tenant holds by 5. shillings of the Mesne and the Mesne holds but by twelve pence the Lord shall have the foure shillings of the Mesne as Rent â—eâ—k 2 E. 2. fol. tit Exting 6. F. 26 Book of Assises 66. A man may hold by homage and yet not Knights Service but in Socage Littleton 22. VVhere a man holds by homage and fealfor all manner of Services it is Socage for homage by it self doth not make Knights Service 26 Book of Assises 66. The King Lord Mesne and Tenant the Tenant holds of the Mesne by Socage and the mesne over by Knights Service the Tenant gives in Frank-marriage rendring 12 d. by yeare for all services saving Service abroad and it seems that by this word saving the Service abroad the giver shall have only such Services by which he himself is charged over 31 Book of Assises 30. When a man gives Lands in fee before the Statute to be held by two pence saving the service abroad yet he shall hold by Knight service by Thorpe See 31 Book of Assises 15. Fitzh 8. A. If the Husband infeoff J. S. and dye and after the Wife is indowed she shall hold this Dower of the Feoffee by Fealty 33 Ed. 3. Statham fol. 75. Where the woman is indowed by the Guardian shee shall be Attendant to the Guardian and at full age to the heire 3 E. 3. tit 84. B. A woman tenant in Dower shal hold of the Heir for parcel and he shal make Avowry for that portion 34 Book of Ass 15. Where Tenant in taile dyes without Issue and his wife is indowed and the Donor enters shee shall hold by the third part of the services for this is the act of God and the Law The same Law is where there is Lord and Tenant and the Tenant dyes without Heire and the Lord enters for Escheat and the wife of the Tenant recovers Dower and hath Execution shee shal hold by the 3d part of the services contrary where the Lord purchaseth the tenancy in fee and she is indowed she shall render nothing to the Lord for this is his own act 24 H. 8. tit 53. If a man before the Statute of Quia emptores terraruÌ„ had made a gift of land to one in fee for repairing a Bridg or for keeping sucha Castle or for marrying yearly a poore Virgin of S. this is a Tenure and the Donor may distraine and make avowrie and not condition but if a woman give lands to a man to marry her this is a condition in effect and no Tenure 9 H. 3. fol. 72. Lands in Gavelkinde are held in Socage and not in Knights Service Fitzh 13. D. Lands which are held in ancient Demesne are Socage 13 R. 2. tit 76. A man gives land to hold by ten shillings for all Services Exactions Customes and Demands And yet the Tenant was constrained to pay releife for that is incident as well to Socage as to Knights Service 29 H. 8. tit 64. A man makes a Feostment of the halfe of his Land the Feoffee shall hold of his Lord by the whole Services that the whole land was held before for the Statute to hold for that particular doth not hold place here for moiety is not a particular as of one Acre or two Acres in certaine but count of the third part which goes throughout and every where And if a man holds two Acres by a hauk and makes a Feoffment in Fee of one Acre the Feoffee shall hold that by a hauke and the Feoffor shall hold the other Acre by another hauke Westm 3. fol. 85. It is lawfull for any man to sell so that the Feoffee hold of the cheife Lord for that part according to the quantity of the land that is the value of the land so sold c. Littleton 41. If one holds his land of the Lord by the Service to render to his Lord yearly at such a feast a Horse or a Ring of Gold or a clove if in such case the Lord purchase parcell of the land such service is gone for such service cannot be severed nor aportioned but if the tenant hold by homage Fealty and Rent and the Lord purchase parcel of the land the Rent shal be apportioned but the Homage and Fealty shal continue intire to the Lord. 8 H. 7. fol. 14. It is impossible that any Land should be and not held of the King either mediately or immediately and for that the King cannot release to his Tenant all his Services 10 H. 7. fol. 10. If the Tenant which holds two Acres by twenty pence makes a Feoffment
of parcell the Lord may distraine in this parcell so aliened and also in this part which remaines in the possession of the Tenant 11 H. 7. fol. 12. Feosment before the Statute or a gift in taile to make a thing to himself or to another for common wealth is good as to make a Beacon or a Bridge but to ride with a stranger is not good Fitzh 1. L. To hold of us by free service to finde for us together with his partners Five ships for our passage at our command for all Services it seems to be Socage tenure Fitzherb 83. C. E. A Writ de Scutgio habendo lyeth when one holds by Knights Service and the King goes in avoyage into the VVarr in his proper person or his Leife-Tenant against the Scots and none shall pay Escuage but those which hold to go into the VVarr and not he that holds by Cornage nor by keeping a Castle Littleton 18. and Littleton the 19. One may distrain for Escuage or have a VVrit De scutagio habendo Fitzh 135. a. If one hold twenty Acres by twenty shillings of the King and aliens a parcell yet the King or his Officer may distraine one of the Tenants for all and is not bound by the Statute to distraine for that parcell but otherwise it is of a common person for if he distraine one for all he shall have a Writ to be discharged for a ratable proportion But in case the king or his Tenant aliens part the Alienee makes Fine to the king for this Alienation It seemes reasonable if he be distrained for all the Rent he shall have a Writ to be disburdened for a rateable proportion against the kings Officer which distrains Westm 3. That the Feoffee of part shall hold for that particular part according to the quantity of the Land so sold c. Where by 27 H. 8. chap. 27. It was Enacted That the king shall have to him and his heires all Monasteries of Monks Channons and Nunns which had not Lands Tenements Rents c above the value of two hundred pounds And also all Monasteries which have been granted to the king within a yeare next before this Statute by the Abbots or Priors under their Seale or which have been otherwise suppressed or dissolved yet in this Act is a saving to the Lords Rents profits services and commodities as they before have had them So that of these Monasteries the Rents and Services of the Lords are not gone by this Act where such Abbies hold Land of any Lord but are saved to them But By 31 H. 8. chap. 13. The King is vested deemed and adjudged in actuall and reall Seisin and possession as well of the Monasteries dissolved by 27 H. 8. as of all others and in this statute is a saving to every person all their Right Title Claim Interest Possession Rents Charge Annuities Leases Offices Commons Synods c. and other Profits in the Premises or any part of that as if this Act had not been made Rents services Rents seck and all other service and suits onely except so by this statute the Rents and services of the Lords are gone 1 Ed. 6. chap. 14. which gives Chanteries c. to the King in this is a Proviso that every one which before that Act lawfully without Covin or fraud hath any manner of Rent or any yearly profit to be taken of Chantries Colledges free Chappell 's and other the Premises in like manner and form as they ought to have if the Chantries c. had been in being so that the Lords of those shall not loose their Rents 2 and 3 Ed. 6. Chap. 8. It is enacted that where by office found the King is intituled to Lands or Tenements in which others have Copihold Rent common Office Fee or other Profit to take for life or for years not found in the same that they shall enjoy the same Interest by Copy Rent common Office Fee or other Profits to be taken as if the same had been found by Office and provides that if one be found within age or of lesse age then he is that at his full age or after he may have Aetate probanda or sue Livery or Ouâ—ter le main as his Case lies and provides that where it is falsely found by Office that any Attaint of Treason or Felony is seised of any Lands or Tenements whereof another hath just Title or Interest of an Estate of Freehold that he shall have Traverse or Monstrans of Right to the same without being put to his Petition And provides where it is found of what man or of whom the Tenements are held the Jury is altogether ignorant it shall not be taken for a Tenure in Cheif but there shall be a better Inquiry awarded 37. H. 8. Chap. 20. It is enacted that where by 35 H. 8. chap. 14. Houses not being Princely houses of the King having Lands not above forty shillings that is were granted by the King and Tenure by Fealty to the King and not in Chief is Socage and that extends to all Letters Patents made within five years after the Statute Littleton fol. 23. If a man hold his Land by paying certain Rent to his Lord for keeping a Castle such Tenure is Tenure in Socage but where the Tenant ought by himself or by other make the keeping of a Castle such Tenure is Tenure by Knights Service so by Littleton Escuage to go of a voyage Royall c. and to keep a Castle or the doore thereof c. and to hold by Cornage that is to hold to make Service by the body of a man these are Knights Service and to hold to pay Rent is Socage for payment by him is Socage View Where one shall have View of Land in a Writ or Plaint in nature of a Writ of Land and where not THe View is not to be granted but where it is necessary and if any Writ abate by a dilatory exception after the View as by non-tenure ill naming the Town or such like he shall not have the View in the second Writ which issueth also in a Writ of Dower where her Husband hath aliened to the Tenant or his Ancestors although the Husband died not seised the Tenant shall not have the View and also in a dum suit infra aetatem not of a right mind and such like the View shall not be granted West 2. Chap. 48. 1 H. 5. fol. 11. upon the Resummons of Dower the Tenant demanded the View the Demandant saith her Husband died seised by which Judgement and prayed that he be outed and he was outed by a Ward 5 H. 5. f. 4.9 H. 5. fol. 4. f. 9. 9. Ed. 4. fol. 6. Dower the Tenant demands the View and held where the Husband aliens the View is outed by the Statute 2 H. 4. fol. 2. Dower the Tenant hath the View notwithstanding that he disseised the Husband See 7 Ed. 4. fol. 19. 11 H. 4. fol. 38. Dower the Husband did not die seised
and this was the Counterplea to out him of the View 5 H. 5. fol. 4.9 H. 4. f. 9. 44 Ed. 3. fol. 31. Dower of Rent for that that the Husband was seised of Land he was outed of the View by statute 21 Ed. 4. fol. 26. Dower where the Husband dies seised and in Assise where Jurors have the View and where the Tenant takes knowledge of the Land in Demand as in action against two One saith that he is Tenant of all in these Cases he shall have no View 33 H. 6. f. 57. Dower of Lands in diverse Townes and to parcell the Tenant pleads Barre and demands the View in one Town and shall not have it for that that he hath notice of parcell 9 H. 6. f. 65. Wast if six of the Jurors have not the View the Inquest shall not be taken 9 Ed. 4. fol. 1. In Waste and Assise the Jury shall have the View 21 Ed. 4. f. 26. 3 H. 4. f. 16. In Attaint upon verdict of Assise the Jurors shall not have View for in this Writ it is not let them see the Land and yet in Assise and Certificate in Assise the Jurors shall have the View 7 Ed. 4 f. 1. 22 H. 6. fol. 27. Entrie in two Acres and the Tenant pleads in Barr to one and demands the View of the other and shall not have it for he hath taken notice of parcell and intended of all 2 H. 4. f. 26. 7 H. 4. f. 9. Defendant shall not have View in an Action upon the Case for that that it is personall 7 H. 4. f. 32. the same 46 Ed. 3. fol. 27.29 Ed. 3. fol. 43. the same 3 H. 6. fol. 34. The statute is for ill naming the Town by non-tenure and such like if the Writ abate after the View he shall not have the View in the second Writ and yet said that if the first Writ abate for false Latine that he shall not have View in the second Writ but where the first Writ abates for form as where the name of the Wife was put in the Writ before the name of the Husband he shall have View in the second Writ for that vests the fault in the Partie 10 H. 4. fol. 6. Precipe The Tenant hath View in the second Writ where the first was discontinued after the View 12 H. 4. fol. 4. Precepe against two where one dies after the View and the Writ abates yet in the second Writ against him which is alive he shall have View 12 H. 4. fol. 11. Where the first Writ abates for false Latine and by Thirne hath the View in the second Writ Seek 13 H. 4. fol. 8. He hath the View in the second Writ where the first was abated by excepion of the Tenant 13 H. 4. f. 14 The Tenant hath the View in the second of VVrit of 6 Acres where he had the View in the first Writ of 6 Acres abate 42 Ed. 3. fol. 23. Precipe where after the View the first VVrit abates by death and in the new by miscounts he shall not have View 43 Ed. 3. fol. 35. 42 Ed. 3. f. 33. Precipe abates by false Latine and in a new by miscounts he shall not have the View 7 H. 6. f. 36. the same 46 Ed. 3. fol. 16. In a VVrit of Besayle he shall not have the View where he had View before in a VVrit of Cozenage which was misconceived before of the same Land and for that abates 46 Ed. 3. fol. 34. In a dum fuit infra Aetatem the Tenant shall not have the View where a dismission was made to the Tenant by his Ancestor 48 Ed. 3. fol. 31. In a dum fuit infra Aetatem the Tenant shall not have the View for he is out by the statute 29 Ed. 3. fol. 39. In dum fuit infra Aetatem in the per and cui the Tenant shall have the View otherwise where it is in the per onely for he is there outed by the statute 22. Ed. 3. fol. 9. Precipe The tenant hath the View and after the Demandant was non-suited and after brought another VVrit and the tenant demands another time the View and had it 24 Ed. 3. fol. 48 Precipe the tenant abated that by waging of Law of not summoned and yet in another brought freshly he shall have the View but he had not that in the first 38 Ed. 3. fol. 1. Precipe Against Husband and Wife they have the View and the Husband dies and in a new Writ freshly brought the Wife demanded the View and was outed for it is not necessary 29 Ed. 3. fol. 22. 38 Ed. 3. fol. 41. VVhere the first VVrit abates by no such Town where he had the View and yet in the second VVrit he shall have the View 30 H. 7. f. 8. Cui in vita the first VVrit abates after the View for that he did not shew of whose Demise he claimed in the second VVrit he was outed by Fineux and Davers and by Vavisor said he shall have the View in the second if the first were not abated for any cause which comes upon the View unlesse it were by death abated 41 Ed. 3. fol. 8. Quod ei deforceat The Defendant shall not have View for he is outed by the statute 41 Ed. 3. fol. 30. the same 44 Ed. 3. fol. 42. the same 41 Ed. 3. fol. 8. Quod ei deforceat The Defendant shall not have the View for he is outed by the statute 41 Ed. 3. fol. 30. the same 44 Ed. 3. fol. 42. the same 41 Ed. 3. f. 22. Assise of Nusance the Defendant shall have the View 46 Ed. 3. f. 27. Curia claudenda the Tenant shall have the View 48 Ed. 3. f. 4. Gessavit the Tenant shall have the View where it is of his own ceasing where he is Tenant of the Land and not Tenant to the Lord for he is as a stranger 2 H. 4. fol. 6. Cessavit of the Seisin of his Father and of his own ceasing he shall not have View for that it is of his own wrong 7 H. 4. f. 16. the same 2 H. 4. f. 14. 37 H. 6. fol. 28. Cessavit where it is of his own ceasing he shall not have the View 4 H. 6. fol. 29. the same 7 H. 6. fol. 47. Entry upon disseisin of Rent the Tenant hath View of the Land out of which the Rent is issuing 8 H. 6. fol. 66. the same 35 H. 6. fol. 70. Entry in the quibus of a Mannour said that the Tenant shall not have the View for he is in by wrong 28 H. 6. fol 1. the same 3 H. 4. fol. 16. Assise Jurors have the View but the Tenant shall not have the View 6 Ed. 4. fol. 1. Quod permittat the Tenant shall have the View though it be in Debet solet which is of possession and not of Right 30 Ed. 3. fol. 4. 2 H. 4. fol. 14. Quod permittat of turning water View was demanded in this VVrit and he had it 8 H. 6. f.
75 Admeasurement of Pasture he shall have the View of the Land out of which c. but not in personal Action not in Waste where Jurors have the View 9 H. 6. f. 41 the same 3 H. 4. f. 10 Dower of Rent the Tenant hath the View of the Land out of which it is issuing and said that he shall have it though the Husband died seised of the Rent but see 44 E. 3. f. 31 if the Husband die seised of the Land she shall not have the View 22 H. 6. fol. 12 Assise of Profits of an Office the place where he holds his Office shall be put in View 13 H. 7. f. 10 Cui in vita the Tenant shall have View and yet the Statute is if a Dismission be made to the Tenant and not to his Ancestor the View is not to be granted but she claimes from her Husband and not by the Demandant or his Ancestor Pleas after the View in Abatement FOrmedon one cannot plead in Abatement after the View unlesse it be a thing which cometh upon the View but where it appears to the Court that it wants form or is false Latine the Court Ex officio will abate it 41 Ed. 3. f. 29.40 Ed. 3. f. 35. 44 Ed. 3. f. 14. Formedon of a House and in the perclose of the Writ there is a House and Meadow and after View the Tenant cannot shew that in Abatement for that it is but a Surplusage 49 Ed. 3. f. 20. Formedon after View the Tenant cannot plead in Abatement that any of the Degrees were omitted for it is not apparant to the Court. 50 Ed. 3. f. 9. Formedon the Tenant may plead ancient Demesne after the View for it may be that parcell in the Town is ancient Demesne and parcell frank fee and that cometh upon the View to know that 11 H. 4. fol. 70. Formedon where is matter apparant in a Writ to abate that he may plead that after the View 7 H. 6. fol. 39. After the View one cannot plead no such Town but he may say that the Tenements are in another County for that cometh upon the View but after the View he cannot plead to the Jurisdiction yet he may plead that they are in C. and that they are impleadable there and demand Judgement of the Writ and not Judgement if the Court will acknowledge 19 H. 6. fol. 10. Dower of a Free-hold in D. S. after View one cannot plead no such Town of D. for he is estopped of that for that he hath knowledge of the Town before the View but he may plead Joint-tenancy and non-tenure which comes upon the View 5 H. 7. f. 8. If the View be denied where it is grantable it is Error otherwise it is if it be granted where it is not grantable 8 H. 7. f. 11. the same 36 H. 6. fol. 17. Right of Advowson the Defendant demands the View for that there are two Churches in the same Town and to out him of the View Plaintiff saith that there is but one Church there Ready c. 3 H. 6. fol. 57. Dower by Husband and Wife the Tenant pleads that the Wife is an Alien born in Portugal out of the Allegiance of the king Judgement if he shall be answered the Plaintiff saith that by Parliament she was made personable and now the Tenant demands the View and had it for though his Plea before was as a Barr he pleaded that as to the Person and not to the Action and for that shall have the View otherwise it is if he had pleaded a Barr. 14 H. 6. fol. 8. Precipe against two where one acknowledgeth the Action the other shall not have view 26 H. 8. f. 2. Precipe against two one imparles and the other hath the View by Fitzh The third Part of this Book cheifly for Pleading Abatement Something of Pleadings for the Instruction of the Steward shall be said here following TRespasse upon the Statute of Richard the Defendant saith that J. F. let to him and the Plaintiff made Title and that J. F. abated and let to the Defendant the Defendant maintains his Barr and traverses the Abatement and that is not good for Issue shall not be upon the Abatement 3 H. 7. f. 7. 18 Ed. 4. f. 1. Entry upon Disseisin Issue cannot be taken upon Abatement the same Law is of Intrusion 14 H. 6. f. 6. Issue shall be upon the Affirmative and Negative and not upon Plea by Argument but upon traverse the Affirmative COnspiracy he is alive without that that he is dead 7 H. 7. f. 6.14 H. 6. f. 9.19 H. 6. f. 4. 35 H. 6. f. 60. Trespasse the Defendant iustifies for Fealty not made the Plaintiff saith it was not unmade and good 9 H. 7. fol. 12. Debt against J. S. of D. the Defendant saith that he is dwelling at S. and shall say and not at D. in the Negative 4 H. 6. fol. 4. 2 Ed. 4. fol. 1.4 Ed. 4. fol. 44. 10 Ed. 4. fol. 12. Trespasse the Defendant saith that the Free-hold was to J.S. which let to him at will the Plaintiff saith that the Free-hold was to him and not to J. S. in the Negative 11 H. 4. f. 90. Where the Defendant saith that the Plaintiff is a Bastard and the Plaintiff saith he is Legitimate he shall say and not a Bastard 19 H. 6. f. 17 11 H. 6. f. 53 Trespasse against J. S. of Fenton the Defendant saith that he was dwelling at E. and shall say negatively and not at Fenton 19 H. 6. f. 1. Action upon the Statute of Laborers the Defendant saith that he was in the Service of J. S. and shall say and not Vagrant in the Negative 11 H. 6. f. 1. 52. Action upon the Case for that he hath a Leet and Fines and Amerciaments of the same the Defendant saith that well and true it is that the Plaintiff hath a Leet but he saith that he hath not the Fines and Amerciaments and ought to say without that that the Plaintiff hath the Fines and Amerci aments 38 H. 6. f. 16 False Judgement Issue was that one saith that he was dead and the other saith that he is alive 14 H. 6. fol. 9.19 H. 6. f. 4. the same Where one pleads out of his Fee the other saith within without that that it was out in manner and forme 11 H. 4. fol. 10 Formedon in reverter and counts of a Gift in Tail c. the Defendant saith that the Donor gave in Fee and it is not good for it is but an Answer by Argument and for that he ought to traverse the Gift in Tail which is supposed by the Plaintiff 2 H. 6. f. 15. Scire facias against the Parson of D. of Arrerages of Annuity the Defendant saith that before the Writ he resigned to the Bishop of L. and so that remained in his hands Judgement of the Writ and it is but a Plea by Argument that is that he is not Parson and for that it is
not good without concluding and so not Parson 7 E. 4. fol. 16. Assise and Trespass Diversity between pleadings in Assise and Trespass for in Trespass need not make Title under Possession otherwise in Assise TRespasse the Defendant ought to convey to him an Estate immediate and for that to say that J. S. was seised till by J. D. disseised which infeoffed the Plaintiff upon whom J. S. entered whose Estate he hath it is not good but if the Defendant saith that he was seised till by the Plaintiff disseised upon whom he entered it is good but not in Assise 5 H. 7. f. 11. Trespasse the Defendant saith that he was seised till by the Plaintiff disseised and he entered and it is good and he need not to convey to him a Title and the Plaintiff saith that he was seised till by the Defendant disseised without that that he disseised the Defendant for if the Defendant had first Possession it is good in Trespasse 26 H. 8. f. 6. Trepasse the Defendant may plead Fine with Proclamation Judgement if Action but not relie upon Estoppell 17 H. 8. f. 27. Trespasse the Defendant pleads his Free-hold the Plaintiff saith that he was seised in Fee till disseised by the Defendant and he re-entered and the Trespasse in the mean time the Defendant maintains his Barr without that that he disseised the Plaintiff 1 Ed. 4. f. 3. Trespasse the Defendant pleads Gift in Tail to his Ancestor and conveys to him by divers Discents the Plaintiff saith that he was seised in Fee and traversed the Gift and it is good and need not make Title beyond his Possession otherwise of Assise 3 Ed. 4. f. 19. Trespasse to plead a Feoffment of the Plaintiff it seems to be good or he may say that he himself was seised but in Assise Feoffment of the Plaintiff is no Plea for that amounts to no wrong no Disseisin 15 Ed. 4. f. 31. 29. Book of Ass 24. Trespasse if the Defendant plead that he was infeoffed the Plaintiff may traverse the Feoffment without making to him Title otherwise it is in an Assise 18 Ed. 4. f. 10.10 Ed. 4. f. 3.27 H. 6. f. 1. 40 Ed. 3. f. 5. Trespasse the Defendant saith that H. his Tenant at will infeoffed the Plaintiff and he entered the Plaintiff saith that J. S. infeoffed H. and he died seised and his Issue infeoffed me the Defendant cannot traverse the Feoffment but the Discent otherwise it is in Assise 10 H. 4. f. 1. Assise by Littleton the Tenant may plead let to him for years or for life the Reversion to the Plaintiff and it is good and so is it of a Feoffment with Warranty of the Plaintiff and relie upon Warranty 18 Ed. 4. fol. 10. 8 Ed. 2. Tit. Ass 391. 18 Ed. 3 f. 13. the same Assise the Tenant pleads that the Plaintiff let to him for life and is good but a Feoffment of the Plaintiff is not good in Assise but in Trespasse it is good 6 H. 7. f. 14.27 Book of Ass 31. the same 29. Book of Ass 24. Trespasse at Compton over C. and neither C. it is no Plea in Trespasse but it is good in Assise 8 H. 6. f. 18. Trespasse at D. there are two Dd. within the County and none without addition it is no Plea for the Visne shall be of the Body of the County 3 Ed. 4. f. 26. and 9 H. 6. Tit. 5. the same Assise of Lands in Osgodby the Tenant saith there are two Osgodbyes within the County none without addition and it is no Plea for the Plaintiff shall recover by view of the Jurors 5 Book of Assises 9 and 27 Ed. 3. f. 2 Trespasse in Otterton and H. which H. is a Hamlet of Otterton it is a good Plea in Precipe and not in Trespasse where Damages onely are recovered 7 E. 4. f. 18 4 E. 4 Tit Breif 155 179. Trespasse may be in a Hamlet but not in a place onely known 11 H. 7 fol. 24 2 R. 3. fol. 1 43 E. 3. fol. 30 the same Precipe in D. is a good Plea in Abatement that D. is a Hamlet and not a Town but otherwise it is in Assise 8 E. 4. f. 6 Pleas in Barr. Barr is good at the first shew or by common reason and intent such intent is a Plea which hath not more vehement presumption then to intend contrary but if the intent be indifferent it is not good at the first shew by Intendment FOrmedon in Discender that he gave not is good and yet it may be that he did recover in value but the most pressing Intendment is to the contrary but if in Debt I plead Release bearing Date after the Obligation it is not good at the first face unlesse he saith that it was delivered after the Obligation Plowd Com. f 32 Forging of Deeds the Defendant saith that he himself was seised at the time of the Forgery and it might be by Disseisin but it shall not be intended and for that it is good at the first shew 8 H. 6. f. 34 Trespasse that he entered into a Warren the Defendant pleads his Free-hold and it is good and yet one may have the Warren and another the Free-hold 44 E. 3. f. 12 17 E. 4. f. 6 10 H. 7. f. 24 34 H. 6. f. 28 Trespasse in a severall fishing the Defendant pleads that the place is his Free-hold and is good as above at the first face 18 H. 6. f. 29 10 H. 7. f. 24 20 H. 6. f. 4 17 E. 4. f. 6 18 E. 4. f. 4 Assise of Mortdancester because his Mother took the habit of Religion the Defendant saith that your Mother had a Husband alive when she entered into Religion and it is not good for it is indifferent whether he be alive or not and for that he ought to aver that the Husband is yet alive 5 E. 4. f. 3 Trespasse of Goods c. the Defendant justifies that the property was to J. S. which gave them to him at D. and though he do not say where the property was in him it shall be intended at D. and good 1 E. 5. f. 3 It is said there though the Barr be good to common intent yet it shall not be good where parcell of the substance is left out but where such things are left out which by special intendment and not by general intendment are omitted the Law shall keep such a barr Plowd Com fol 27. Accounts the Defendant saith that he hath accounted before the Plaintiffe himself and it is good yet he doth not say that he was before Auditors before him c. 4 Ed. 4. fol. 6. Trespasse the Defendant pleads that he to whose use enfeoffed him and doth not say if he were out of Prison and of full age according to the Statute and yet being in Barre it was said that it shall be so intended 6. H. 7. fol. 6. Where Count is upon matter of Reords or of Specialty the Barre shall be
he should pay twenty shillings and counts that he made wast in sale and for that that he doth not count how it is not certaine and not good 9 H. 6. fol. 11. Decies tantum for imbracing and counts that at D. he hath taken Money to imbrace but for that that he doth not count that he hath imbraced nor how or where he imbraced it is not good 37 H. 6. f. 31 Deceit against an Attorney for acknowledging satisfaction and ought to count where he was not satisfied for otherwise it is uncertaine and shall not be implyed and intended 11 H. 6. f. 2. B. Rescous and counts that he distrained for Rent c. and for that that he doth not count which were the daies of payment it is not certaine and is not good 8 H. 4. fol. 1. VVhere one Avowes for that that he held of him by the third part of the fee of Knights Service and for that that he doth not shew by what manner of Knights Service it is not good 12 H. 8. f. 13. Debt by Stradling and counts of taking excessive fees in paying Pensions where the Defendant was receiver of the Mannors of D. and S. in the hands of H. 8. and for that that he doth not count that they continued in the hands of Ed. 6. it is not good for the Statute was made in the time of Ed. 6. that if any Receiver of the King took c. he should pay for every penny six shillings eight pence and that might have two meanings one with the Plaintiffe the other against him and for that it is not good P.C. fol. 202. Forging of Deeds the Writ is divers false Deeds and counts of a Deed of Feoffment and of a Writing and assurance of a Letter of Attorney and for that the Count is not good 35 H. 6. fol. 37. b. Debt The Plaintiffe counts upon a Lease made by him and E. late his Wife by Deed indent and counts for the Rent behind and though he do not count that his VVife was dead yet it is good for it cannot be by reason but she is dead 9 H. 6. fol. 11. b. and 8 H. 5. fol. 4. Account the Plaintiffe counts that the Defendant was his Receiver such a day till the Feast of Saint Michael and there are two Feasts of Saint Michael that is Michael in Tumba and Michael the Archangell and though it be not at which Saint Michael it is good and shall be intended Michael the Archangell which is more known and the more observed Feast 20 H. 6 fol. 23. Trespasse and counts that the Defendant entered into a Warren at D. and drove away the Conies and not say drove them away there and yet it is good and shall be intended there 44 Ed. 3 fol. 12 Where he confesses and avoids he need not Traverse DEtinue of finding a Box sealed with Writings the defendant saith that they were delivered in pawn to him for a hundred Shillings and if he pay that he would redeliver him it and it is good without Traverse for he confesses and avoids the Plaintiffe 21 Ed. 4. f. 19. Detinue of a Chest ensealed with VVritings The Defendant saith that the VVritings which he had were in a Box ensealed and the Plaintiffe lent him a hundred Shillings and delivered this Box to him in Pawn without that that he detains a Chest and it is good and it is good with Traverse otherwise not 22 Ed. 4. f 7. Trespasse of breaking his House and taking his Goods there the Defendant saith that his VVife was Executrix and that they were the Goods of the Testator and the Doore was open and he entered and took them and this is good without Traverse for he hath confessed and avoided 2 H. 6. f. 15 B Trespasse of his Goods taken the Defendant saith they were delivered to him by a Replegeare and it is good without Traverse 7 H. 4. f. 15. 44 E. 3. f. 20 Trespasse of his Goods taken the Defendant saith they were delivered to him upon an Execution upon a Recovery and this is good 40 E. 3. f. 21. 44 E. 3. f. 20 Trespasse of Close broken the Defendant saith that he had a way there by Prescription to his Mannour which he used and ought there to traverse without that he broâ—â—â— down for the other is not breaking down 8 H. 5. f. 2 13 H. 8. f. 14 Quare impedit against J. Hecker of an Advowson appendant the Defendant saith that it is an Advowson in grosse and that W. S. his Master presented W. S. and that he died and J. Hecker was chosen Master and presented J. Hecker the Defendant and for that he hath confessed and avoided the Plaintiff for gaining of Possession and for that he need not any Traverse 10 H. 7. f. 27 Quare impedit and counts of an Advowson in grosse the Defendant saith that it is appendant to a Mannour which descended unto him and he ought to traverse 5 H. 7. fol. 12 Trespasse Defendant saith that Nicholas his Grand-father was seised in Fee and died seised and that descended to his Father and he entered and by Protestation died seised and that descended to him Plaintiff saith that J. S. gave to Nicholas in Tail and that descended unto him as Son and it is not good without traversing the Dying seised in Fee of Nicholas or confesse and avoid it Trespasse the Defendant pleads a Grant made to him by E. and the Plaintiff pleads that H. 6 by Authority of Parliament granted that to him and is good for that confesse and a voyds the Grant 7 H. 7. f. 15 Quare impedit against a Prior the Plaintiff counts that he was seised of an Advowson in grosse and presented the Defendant saith that he was seised in right of his Monastery in grosse and presented J. and after his Predecessor granted the next Avoidance to the Plaintiff and to the Presentee A. and good for he hath confessed and avoided 26 H. 8. f. 5 Trespasse the Defendant conveyes the Land to her as Sister B. the Plaintiff saith that B. had Issue a Daughter and that he as Guardian in Socage entered and it is good without traverse for he hath confessed and avoided 19 H. 8. f. 11 B. Assise the Tenant pleads that J. S. infeoffed him the Plaintiff saith that well and true it is that J. S. infeoffed you but it was upon condition and that J. S. entered for the condition and infeoffed the Plaintiff and this is good for he confesses and avoides the Defendant 6 H. 7. f. 8 Forging of Deeds and counts that the Defendant hath forged a Deed by which J. Beak infeoffed W. T. the Defendant saith that long time before the Plaintif had any thing that J. Beak infeoffed W. and Alice his Wife which died and the Defendant as Heir of W. read and proclaimed the Deed and ought to traverse forging for where the Defendant justifies a thing prohibited by the Law in a speciall manner he ought to traverse as
of a Jury and say that you ought not to take this Inquest notwithstanding this Statute Conspiracy against two one in the year 42 Edw. 3. hath pleaded to the Jury and the other 43 Edw. 3. pleads in Abatement and now in 48 Ed. 3. the first takes Nisiprius and cannot have it before the Court be advised if the Writ be good for though that the other hath accepted the Writ good yet if the Writ doth not lye in the case the Writ shall abate against one and the other by 43 Ed. 3. f. 10. The same Law notwithstanding the Statute of 32 H. 8. aforesaid Debt against two Fxecutors one comes at the Pluries and pleads fully administred and after comes the other by Exigent and pleads to the Writ that 3. others are Executors which have administred not named Judgment of the Writ and for that that the Plaintif hath replyed that the two alone are Executors the Defendant for that may plead this matter in arrest of taking of the first inquest upon the first Issue for by the replication to the second Plea he hath waived the advantage of the first plea where it was sufficient for all by reason of the Statute which wil that he that first shall come by distresse shall answer 7 H. 4. f. 12. Brook Executors 46. and this is good at this day notwithstanding the Statute aforesaid of Jeofailes Severall Tenancy SCire facias of a Fine of Rent Service against many Tenants one saith that The came to a House parcell of the Tenements whereout the Rent in Demand is supposed to be Issuing by it self without that that the other have any thing Judgment of the Writ and that another holds four Acres parcell of the Land whereout the Rent in demand is supposed to be issuing by it self and it is good 5 H. 5. f. 4. otherwise it is of a Rent-charge Scire facias against J. S. J. D. and three others J. S. saith that he and one of the three held parcell joyntly and that the Ancestor was dead day of the writ purchased Judgement of the VVrit and J. D. saith he held another parcell in Fealty Judgement of the VVrit and the VVrit brought against them in common was abated 38 Ed. 3. f. 20. And note also severall Tenancy of parcell shall abate all the VVrit 19 Ed. 3. tit 18. 27 H. 8. f. the last 20 Ed. 4. f. 8. Precipe against two of sixteen Acres of Land one takes the Tenancy of twelve Acres without that that the other hath c. and vouches and the other takes the Tenancy of the residue without that that the Plaintiff ought to maintain his VVrit 41 Ed. 3. f. 20 the other severall Tenancy shall abate the Writ 28 Book of Ass 25. That he which pleads several Tenancy may vouch or plead over in Barr and not conclude to the Writ See Br. title Breife 141 and 13 H 6. f. 26. Assise severall Tenancy is no plea and the same Law in other actions where no land is demanded in cercaine 24 H. 8. tit 18. But see 21 H. 6. f. 57. and 30 B. of Ass 24. Dower severall Tenancy shall abate the Writ â—9 Ed. 3. Brook 30. otherwise it is in Assise 15 Ed. 2. tit 1. 14 Ed. 3. tit Breif 276. It seems that non-Tenure and severall Tenancy in Nuper obiit against 3 is no Plea 7 H. 6.8 See 13 Ed. 1. tit 3. Fitzh fol. 197. D. F. Quid Juris clamat against three which plead severall Tenancy and it was said that it behooveth that the Plaintif should maintain his writ so he he did 12 Ed. 3. tit 9. Mortdancester against 3. which say that they are Tenants in severalty Judgment of the VVrit And for that that the Assise found that one of them was Tenant in severalty the Writ abated 8 Ed. 2. tit 2. In Per quae servitia Severall Tenancy is no plea 12 Ed. 3. tit 15. 32 Ed. 3. tit 7. Scire facias against two one makes default and the other pleads severall Tenancy in abatement and cannot for that Seisin is to be awarded of half 42 Ed. 3. fol. 8. See â— Book of Assises the 16. Precipe against two one takes the Tenancy upon him without that that the other hath anything and the other saith nothing the Plaintiff need not to maintain his Writ 37 H. 6. f. 16. 18. Entry in the quibus against two one pleads severall Tenancy and also over in Barr and the other pleads in the same manner and the Plaintiff need not to answer to the Barr be it good or not but he ought to maintain his Writ for one ought not to recover upon an ill Writ 12 H. 6. f. 4. He which pleads severall Tenancy without that that the other named with him hath any thing he need not conclude to the VVrit but vouch or plead in Barr but the Demandant shall not answer to the Barr nor to the Voucher but ought to maintain his VVrit that they are Tenants as the VVrit supposes 19 H. 6. f. 14. Traverse Where he ought not to traverse and where he ought then what thing in the Plea shall be traversed BY Hussey in Precipe if the Tenant plead that the Land is ancient Demesne and pleadable by a small VVrit of Right close and he need not take Traverse that it is not frank fee for that that the VVrit is but a Supposall 5 H. 7. fol. 13. And in Mortdancester Tenant pleads Joynt-tenancy with the Father of the Demandant and it is good without Traverse that he is sole Tenant for that that this is but a Supposall and by Tremail fol. 14. of his Horse taken the Defendant saith that J. S. sold the Horse to him in an open Market or that the Horse was waived or VVreck or such like there he need not traverse for that that this is matter in Law and if he takes Traverse he waives that matter in Law 5 H 7. f. 6. accordingly 2 Ed. 4. f. 9. Plowd 23. A. By Hussey Fairfax where a matter indeed is alleadged by way of Bar or in Covenant then this ought to be traversed in every Case unless it be for the mischeif of Trial as special Bastardy is alleadged without Traverse it is goood for mischief of Triall 6 H. 7. f. 5. otherwise it is of matter of Supposall and in Assise the Tenant pleads a Feoffment of J. S. the Plaintiff saith that this was upon Condition and that J. S. entered for the Condition broken and infeoffed him and so he confesseth and avoids and for that he ought not to traverse and in Precipe quod reddat against J. S. he shall say that he held ioyntly with J. D. not named in the VVrit and take no Traverse for that that it is but a Supposall and in Trespasse of Goods taken the Defendant saith they were the Goods of J. S. which made him and the Plaintif his Executors the Plaintif saith that the Testator devised that after his Debts and Legacies
written I took into the hands of our Lady the Queen one House or Tenement with the Appurtenances in B. in the County of W. within written of the yearly value of ten pounds as the Lands and Tenements of the within named A.B. And also six cowes one Bull and one Gelding price in all eight pounds of the Goods and Chattells of the said A.B. in name of Distresse as I am commanded All which truly goods and chattells with me remaine unsold for defect of Buyers and the said A.B. no other or more goods and chattells Lands or Tenements hath within my bailiwick which into the hands of our Lady the Queen for present by any means I can take or seise I certifie the Barons aforesaid Otherwise that by vertue of this VVrit to me directed the eighth day of J. c. within written I have taken into the hands of our Lady the Queen the Mannor of S. with the Appurtenances within written as c. The residue of the execution of this VVrit doth appeare in a certain scedule to this VVrit annexed Scedule An Inquisition indented taken at S. in the County aforesaid the eighth day of January the year c. Before me J.H. Knight Sheriffe of the County aforesaid by Writ of a Right close of the said Lady Queens to me directed which is annexed to this Inquisition by the Oath of J.D.R.R. c. good and lawful men of the County aforesaid which do say upon their Oath that the Mannor of S. with the appurtenances is of the yearly value of five pounds besides all charges and reprisalls in witnesse whereof c. The Mannor of S. within named lieth in the County of G. and not in the County of W. Therefore I cannot distrain the Tenants there as within I am commanded By vertue of this VVrit to me directed I. certifie the Barons within written that the twentieth day of March Take into the hands the 8th year of our Lady the Q. within written I took into the the hands of the said Lady Queen the Mannor within written with the Appurtenances as within I am commanded If it be with inquirie for the yearly value The residue of the execution of this VVrit appears in a certain inquisition taken to this writ annexed The within named VV.B. and M. his Wife Who is Tenant are Tenants of the third part of the Mannor aforesaid in three parts divided and C.A.M.E. and J. B. the Daughters of C.D. dead are the Tenants of the second part of the Mannor within written in three parts divided and the other third part of the Mannor within written remains in the hand of our Lady the queen by reason of the nonage of T. B. Son and Heir of the aforesaid C.D. The Manucaptors of the forenamed W. B. and M. his Wife J.D.R.R. The within named A.B. hath nothing in my Bailiwick Venire facias Crown office or Exchequer by which he may be attached or where I may take him The within named A. B. is attached by Pledges that is J.D.R.R. If he be an Earl or a Countesse The Issue of them half a Mark. And further if these words are repeated in the VVrit and also to shew twenty shillings The within named R. A. hath nothing in the Land Distr of the Tenement and Hereditament within written by which I can distrain him No such Mannor Otherwise nor any Lands or Tenements known by the name of E. lying in the County of VV. whereof I can distrain the Tenants as within I am commanded The within named J.K. and R.K. have nothing nor either of them hath any thing within my Bailiwick and further I certifie the Barons within written that none are Executors or Administrators of the goods and chattells which were the within nameds M. K. whereby them or any of them I can distrain The Manucaptors of I S. Gent. Tenant of the Lands and Tenements within specified which were the within named M. K.I.D.RR The Issues thirteen shillings four pence By vertue c. I have taken Execution of the Goods and Chattels of J.H. within named a certain Demise and Grant to the said J. H. by one to T. G. of one part and the aforesaid J. H. of the other part for terme of one and thirty years to begin from the first day of Ianuary the year of the Reign of our Lady Elizabeth within written as by that Indenture bearing date the same day and year fully appears of and in a House or Farme with the Appurtenances scituate and lying and being in L. in the Parish of f. within my Bailiwick called or known by the name of B. together with all and singular Lands Meadows Feedings Pastures Woods Under-woods VVaters and Pastures with all their Appurtenances scituate lying and being within the Town Parish and Feilds of F. aforesaid and likewise in my Bailiwick and the aforesaid Lease and all the whole Right state Title terme of years Possession and Demand which the aforesaid J. H. now hath of and in the foresaid Premises by vertue or force of the said Demise and Grant or otherwise I have set to sale and sold to one R.G. Gentleman for the summ of threescore and sixteen pounds thirteen shillings and four pence and also I have taken in Execution other Goods and Chattels of the aforesaid J. H to the value of threescore and five pounds six shillings eight pence which truly summs of Money so in forme aforesaid by me levied in the whole do amount unto 132. pounds and twelve pence and the same summs before our Lady the Queen at the day and place aforesaid I have ready and to be given to the within written E.P. and J. his VVife in part of satissaction of the Damages within written as by that VVrit I am within commanded And that I. H. hath no other Goods or Chattels in my Bailiwick that the residue of the aforesaid one hundred threescore and five pounds six shillings two pence can be had or levied according to the command of this VVrit By vertue I have taken into the Qu. hand c. tenth Day of S. the year of the Reign of our Lady the Queen within written twentieth I J.S. Knight Sherif of W. within written have taken resumed and seised into the hands of our Lady the Queen all those Tenements Shops Gardens and all the other the Appurtenances by vertue of the Writ aforesaid to be resumed which do appear in the Inquisition to this Writ annexed By vertue of this Writ to me directed Of setting to sale from day to day I have set to sale those Goods and Chattels to the value of a hundred shillings residue of the eight pounds which were of the Goods and Chattels Lands and Tenements T. F. within named and there I sold to the value of forty shillings which truly forty shillings I have ready at the day and place within contained as within I am commanded then there to be paid and the residue of the
43. VVhere the Sherif returns I have commanded the Bailif of the liberty and doth not return for that that he hath nothing within my bailiwick and was amerced 47 Ed. 3.2 Where the Sherif returns I have commanded the bailif of the liberty where that liberty is not inrolled in the Exchequer it is taken as a dis-inheriting of the King 2 H. Mandav Balivo 4.5 and 11 Ed. 4.6 the same The Sheriff returns I have commanded the Bailif of the liberty which answers me that he hath taken the body and hath not the body there it is doubted whether the Bailiff shall be amerced or the Sherif 2 H. 4.16 Inquire see 11 H. 4. fol. 41. that the Bailiff shall be amerced and not the Sheriff 5 Ed. 4.6 The same Where the Sheriff returns I have commanded the Bailiff of the Liberty which answers me that he hath taken the body and notwithstanding hath not the Body the Sherif was amerced and a Distringas awarded to distrain the Bailiff to bring in the body c. 47 Ed. 3.25 But 14 Ed. 4.1 There shall go out a Distringas Ballivum to bring in the Body and 36 H. 6.1 the same The sherif returns I have commanded the Bailif of the Liberty which answers me and returns but nine of the Pannell the sherif shall be amerced and not the Bailif for the return in Law is not good 8 H. 6.56 The sherif upon a Grand Cape returns I have commanded the Bailif of the Liberty which answers me that he hath taken the Land into the Kings hands and doth not return that he hath summoned the Tenant and held that the return in Law is not good and for that the Sherift shall be amerced 4. H. 6.25 If the Sherif upon a Capias makes a command to the Bailif to arrest one and he takes him and the sherif doth not return the Writ by Frowick and Brian the Bailif shall not be punished but the sherif 10 H. 7.17 False Imprisonment against a Bailif which saith that a Capias came to the sherif and the sherif commanded him being a travailing Bailif that he should take the body of the plaintif which he did so the Plaintif saith that the Writ was not returned And by Kingsmill though the Bailif were Fined it shall be accounted all wrong in him for that that the Writ is not returned 20 H. 7.13 Contrary by Rede and Littleton saith that Trespasse doth not lie against a servant in this case 18 Ed. 4.10 If the sherif himself justifie in Trespasse the arrest of one by Capias to him directed he ought to shew that he hath returned the writ for it is conditionall so that you have his body here c. 3 H. 7.3 Where the Sherif serves a Fieri facias and levies the sum and doth not return the Writ the party may have an action of trespass against him for that levy 21 H. 7.22 by Kingsmill The same Law is if a Bailiff by the command of the Sheriff arrest a man and do not bring him to the Sheriff false imprisonment lies against him Capias issued to the Sherif where there is no Orignall and he arrests the party and returns the Writ trespasse doth not lie against him If the Servant of the Sheriffe arrest one by a Precept made out of a Capias and return his Precept to the Sherif and the Sheriffe do not return his Capias it seems that false imprisonment lies against the Servant But where the Bailiff of a Liberty arrests one by a Precept out of a Capias made to him by the Sheriffe and the Sheriffe do no not return the Capias it seems that falle imprisonment lies against the Sheriffe and not against the Bailiffe If the Sheriffe make a Precept to his Servant or to another to be a Bailiffe if he be not a Bailiffe of the Franchise which is not his Servant and they take party and the Sheriffe doth not return the Writ the Bailiffe is a Trespasser unlesse he be Bailiffe of the Franchise though the Bailiffe return his Precept to the Sheriffe served 8 Ed. 4.18 and 13 H. 7.2 the same See 18 Ed. 4.9 and 28 Book of Assise 47. Debt against an Executor which pleads nothing in his hands and found Assets and the sheriffe returns upon a Fieri facias I have commanded the Bailiffe of the Liberty c. which answereth me that he hath no goods of the Testators and this Return is not good for it is contrary to the Verdict and triall and yet the Sheriffe shall be amerced and not the Bailiffe for that that the Return in Law is not good and the Sheriffe ought to have knowledge of the Law 5 H. 7.27 But for false Return the Bailiffe shall be amerced 3 H. 7 11. the same VVhere the sheriffe returns I have commanded the Bailiffe of the Liberty which hath given me no answer there shall go out a Non omittas The sheriffe Returns I have commanded the Bailiffe of the Liberty and for that he doth not return for that be hath nothing within the Liberty he was amerced 47 Ed. 3.2 The sheriffe returns I have commanded the Bailiffe of the Liberty and it is not to what person the Liberty is and for that by Pigot it is not good 9 Ed 4.20 contrary by Dauby see 1 H. 6.7 The Sheriffe returns I have commanded the Bailiffe of the Liberty of the Franchise of the Earl of Shrewsbury and for that that it is not for that the Lands were within the Liberty it was challenged and the return is not good for that that it is not of what Liberty if he have more and for that he ought to return I have commanded the Bailiffe of the Liberty of the Franchise of the Earl of Shrewsbury of Scarsdale or his Liberty of high Peak c. which hath full return and execution of all the Writs in the said Liberty to whom it belongeth totally to make execution of this writ which truly Bailiffe so answereth me c. 1 H. 6.7 9 H. 6.33 Upon a VVrit to inquire of VVast the Sheriffe returns I have commanded the Bailiffe of the Liberty which hath given me no answer and the sheriffe was amerced for he ought to enter and go to the place wasted for that is the statute and for that the Franchise shall not hold place 11 H. 4.80 If the sheriffe enter into any Liberty and execute Processe there without a non omittas the Lord of the Liberty shall have a VVrit of Trespasse upon the Case against him Fitzh 95 B. The sheriffe returns upon the Exigent that the Defendant is dead and cannot by Prisot and also upon a Capias he cannot return that 32 H. 6.33 The sherif returns upo a Scire facias against an Abbot that he is deposed by which he cannot warn him and it is good for that is a death 1 H. 6.2 and 2 H. 6.5 the same The sherif returns upon an Exigent that the defendant is dead and it is no good Return
for he ought but to demand him and if he appear to take him 10 H 4.5 Upon Pluries Repleg The sherif returns that the beasts are dead and this is a good Return and he need not return that the beasts are driven away 32 H. 6.32 In Attaint the sherif cannot return that the Defendant is dead for there are not any words in the VVrit to warn the Defendant 18 H. 8.5 Upon a Habeas corpus Jurat the sherif returns that four are dead and may and upon a Distringas thereof he returns that other two are dead and may 10 Ed. 4.11 Upon an Habere facias Seisinam and upon the Grand Cape and upon Habere facias visum a return that none came of the part of the complainant c. is a good return 13 H. 4.9 None comes for the Plaintiffe Upon a Writ of View it is a good return that none came of the part of the complainant to shew him the Land for the sherif is not bound to know the Land 14 H. 6.20 The statute of York chap. 5. saith Names of the Sherif that the sherif ought to put his proper name to every Return 8 H. 6. fol. 76.36 H. 6 f. 1. and 9 Ed. 4. f. 19. VVhere one is outlawed he may reverse that by Error for that in Return of the Alias Capias the name of the sherif was omitted 26 H. 8.4 Trespasse against an Abbot and his Monks Pledges the sherif returns Pledges for the Abbot and that his Monks have nothing and that is a good Return and yet of a Husband and a VVife Pledges shall serve both and he need not return the VVife Nihil 48 Ed 3. fol. 26. Assise the sherif returns he hath found me no Pledges and the writ was delivered to the sherif again and the Plaintif forthwith found Pledges 2 H. 4.22 Assise against a Husband and his wife the wife shall be attached by goods of the Husband for that she is to be brought in by her Husband 7 H. 6.10 Upon a Habeas corpora against a Juror the sherif cannot return that he hath served part and the Bailif of the Liberty the other part but upon a Capias against divers the sherif may return Cepi corpus of one and I have commanded the Bailif of the Liberty of another Part served by the Sheriffe and it is a good Return 31. H. 6.13 The sherif upon a Habeas corpus with Decem tales returns that he hath served the Habeas corpus and to the Decem tales I have commanded the Bailif of the Liberty which hath served the residue it is not good Return 8 H. 4.16 Distringas Juratores the Sheriff cannot return that he hath distrained some and the Bailiff of the Liberty hath served the rest 19 H. 6. f. 48. Upon a Distringas with Proclamation upon an Ejectment of Ward the Sheriff returnes I have commanded the Bailiff of the Liberty which answers c. Issues forty pence and that he himself hath made Proclamation and for that it seems that the Sheriff ought to make the Proclamation in the County and ought to serve the residue 2 H. 4. f. 1. In a Precipe the Sherif returnes I have commanded the Bailif of the Liberty who answereth me so c. a good Return and also that the Bailif takes the Pledges and for that that he tooke the Pledges where the Sherif ought the Sherif was amerced and Sicat alias was awarded 14 H. 6. f. 3. Assise the Sherif returnes that he hath taken Pledges and that the Bailif of the Liberty hath served the residue and though part be served by the Sherif and part by the Bailif it is good for if the Plaintif do not finde to the Sherif Pledges he shall make no Precept to the Bailif 21 H. 7. f. 14. The Sherif by the statute of Westminster Posse Comitatus the 2. chap. 39. may take Posse Comitatus to execute Process and also agreed by this Book that the Bailif may so do for he is in the place of the Sherif 3 H. 7. f. 1. Upon a Scire facias against a Chaplain upon a Recovery in a Quare impedit Quare impedit the Sherif ought not to return That he is a beneficed Clerk having no Lay Fee for that shall not be returned but upon a Distringas or Capias in Debt or Trespasse that is a good Return and there shall go Venire facias Clericum but here he may be warned by his person 32 H. 6. f. 13. If the Sherif return that one at D. Rescous made a Rescue it is good without addition of the party in the Return and yet Process of Outlary lieth upon that and where the Sherif returnes the Rescue to be made at D. he is estopt to plead to that Return over D. and neither D. and none without addition for he is estopt by the Return Where the Sheriff upon a Capias returnes I have taken the Body and that J. S. and J. D. made a Rescue and for that that in the Return there is not of what place it is not good 10 Edw. 4. fol. 17. and 3 H. 7. f. 11. the same VVhere Tenant for Life Scire fac prayes in aid of him in Reversion and in Scire facias against him the Sherif may return that he is warned in the Land in Reversion which is in the Land demanded 45 Ed. 3. f. 26. One may be warned in Scire facias by his person his Land or Goods as it seems by 32 H. 6. f. 13. Scire facias to warn two upon a VVrit of Detinue the Sherif returnes one warned and that the other hath nothing and held that the Sherif shall be amerced for though that he hath nothing he ought to have warned him by words that is his Person but for that that the Return was read and was He hath nothing in my County nor is found in the same it was good for he cannot warn his Person 1 H. 5. f. 13. The Sherif returnes upon a Scire facias against a Parson to have Execution of Arrearages of Annuity that the Parson hath resigned and that he hath no Goods and it is good and may take notice of the Resignation 2 Ed. 4. f. 1. Upon a VVrit of Error issued Scire facias to the Heir and Ter-tenant severally to come together if they thought fitting and it was against Husband and his VVife and another person and the Sherif returned that Scire feci L. de B. Alice his wife Tenants of so much and R. de H. tenant of so much severally and the Return good though the Husband and the wife cannot be severed 3 H. 7. f. the last The Sherif returnes upon a Scire facias against an Abbot that he is deposed that he cannot warn him and this is good for he is dead 1 H. 6 f. 2. The Sherif returnes Scire feci by A. and B. without saying Good and lawfull men and the party appears and good 8
H. 6. f. 76. Attaint was returned by the Sherif Nihil Summons in the Land demanded and the Return is not good and so Sicut alias and shall be summoned in the Land demanded 42 Ed. 3. f. 19. Mortdancester by two and one makes default by which issueth a Summons to prosecute together the Sherif upon this returnes Nihil and award that they shall be summoned in the Land demanded 44 Ed. 3. f. 27. Scire facias out of a Fine to execute that and two make default and in a Summons to prosecute together the sherif upon that returnes Nihil and shall be amerced for they shall be summoned in the Land in Demand 10 H. 6. f. 12. The same Law is where one hath aid of him in Reversion and in a summons to aid he shall be summoned in the Land demanded A Writ of Covenant to levy a Fine the Sheriff returns Nihil and for that shall be amerced for he ought to have Summoned him in the Lands Demanded 10 H. 6.13 Where aid was granted and the Sherif returns that the Prayee hath nothing whereby he may be summoned by which Sicut alias was awarded in the Land in demand 23 Ed. 3.37 Debt against John Burton Parson of D. The Sherif returns at the Pluries distringas that he hath resigned and it is a good return 2 H. 7.10 Scire facias against an Abbot and the Sherif returns he is deposed and good return But in Scire facias against a Husband and his Wife Spirituall the Sherif cannot return that they are divorced for that is spirituall whereof he hath no notice 1 H. 6.2 2 H. 6.5 the same Scire facias against the Parson of D. to have Execution of arrerages of annuity though the Sherif return that he hath resigned and take notice of that it is a good return 2 Ed. 4.1 The Sherif returns upon a Capias Tarde and was amerced 2 H. 4.8 Right of ward at the Distringas with proclamation the Sherif returns Exitus and that he cannot proclaim that for that it came too late and there shall go an Alias to proclaim that only and shall not return Issues 3 H. 4.6 In Capias of appeale of Death Tarde the Sherif returns that that writ came so late that c. and the return awarded good 8 H. 4.22 In Assise when the Writ is returned Tarde the Clarks do not make Sicut alias but enter the Writ and send that again to the Sherif to be served 9 Ed. 4.20 Forging of Deeds Distringas with Decem tales of that was awarded against the Jury and the principle Jury was returned Tarde upon the distringas and the Tales served and the return was awarded good for where the Issues are to be returned the Sherif ought to have time to know their Land but upon a Capias returned Tarde it is said to be ill But inquire because it is used 21 H. 6.51 The Sherif returns VVrit delivered by Bill according to the Statute of Westm 2. chap. 39. Tarde and for that that the Sherif refuseth to put his seale others put their seals according to the statute and the Plaintif hath a writ to the Justices of assise to inquire of Dammages 29 Ass 58. Capias to have Execution against an Abbot or against a Bishop if it be returned that they have nothing in that County there shall go out Elegit upon the Testatum in another County 26 H. 8 8. and 26 H. 8.17 VVhere one hath recovered in a Quare impedit and hath a VVrit to the Bishop which refuseth his Clark So that he hath a Quare non admisit Testatum and process continue to the distresse against the Bishop and the sherif returns that he hath nothing there goes Distringas to the sherif of London upon the Testatum that he hath no Land there 3 H. 4.6 Trespasse against a Prior the sherif returns that he hath nothing and how he hath no Land there he shall have process into another County upon a Testatum for a Prior was a name of Dignity and for that shall have process in another County upon Testatum 7. H. 4.1 VVhere the sherif returns Nihil Capias doth not lie against a Lady Peer of the Realme Earl or Baron But there shall go a Testatum in another County but where they do wrong as if they essoigne Distress and returns that by the Sherif the Capias lies for the wrong 11 H. 415. If the Sheriffe arrest any and Rescue is made by Baron Earl or Duke if the Sheriffe return the Rescue Capias lyes 1 H. 5 fol. the last Wast was made in Reddale and upon a Writ to inquire of Waste the Sheriffe returns that I have taken an Inqusition at Reddale and for that it is not at the place wasted it is no good return 40 Ed. 3.20 and 27 H. 8.16 the same Waste in A.B.C. and D. it is said that a Writ to inquire of Waste shall be returned that I have come to the Tenements aforesaid and the Inquisition taken at one Town shall serve for all 34 H. 6.49 A. returns upon a Redisseisin or upon a Writ to inquire of Waste that I came to the Town is not good but to the place 11 H. 4.6 Upon a Writ to inquire of waste for that that the Sheriff returns I have commanded the Bailiffe of the Liberty which hath given me no answer he was amerced for he ought to go to the place wasted 11 H. 4.80 Appeal Visne the Sheriffe returns a Jury of the Visne of Dâ— and the new Sheriffe returns no such Visne and may 3 H. 6. fol. last Venire facias Venire facias was returned by the Sherif and afterwards the Sherif was discharged and a new Sherif made and at the Distringas he returned Nihil upon a Juror and adjudged that he shall be amerced but he may return that the Lands are recovered against the Juror or that the Juror was Tenant for life of J. S. which is dead or other speciall matter and so Nihil 19. H. 6.38 Where the Parties admit one such Visne where there is no such the Sherif cannot return that there is no such Visne but shall make the Pannell of the body of the County 37 H. 6.12 A Venire facias with the Pannell was returned and none found upon the Roll but sicut alias awarded and returned and upon that Habeas corpora and Distringas and the Iury found for the Plaintiffe and it is shewed in arrest of Iudgement that there was another Venire facias with a Pannell and adiudged that it shall not be intended to be there lawfully but shall be taken off the File for that that in the Roll the Entry was ad quem diem Vicecomes non misit breve and upon that it was awarded the sicut alias 20 H. 6.17 Though the Venire facias is Venire facias twelve free and lawfull men yet if the Sherif return twelve onely if he do not amend
he shall hold for that part 413. The whole thing c. 412. Rents of Monasteries gon and not of Chantryes 414 Office found for the King and omit Rent Coppi-holder Common c. and of what ignrvant 415. Trespasse It doth not lie where he hath Goods by delivery if it be not a Servant without Master 324. Assaults and Affraies 74. Traverse VVhich is but a supposall and what matter in deed traversable 477. where the Defendant justifies at another day and ought to traverse before and after and where one only 480. Of the County and Town where it is locall and in another Town in the same County 482 where the Defendant justifies in trespass transitory in another County he ought to traverse the County 484. Trespass transitory Defendant may justifie in the same County in another Town without traverse 484. Treasons Small Treasons what they are 47. Treasure trove In the Land and in the Sea 78. Triall See Court Baron 225. Waste BY Guardian in Socage Tenant by Elegit and the remedy 339. A woman Termor takes a husband which makes waste and dies the wife shall be charged otherwise it is of a Lease to them 336. Against whom it shall be brought and against whom not and where the Statnte shall he rehearsed 336. 337. VVhere the Plaintiff shall say by demise or by gift by will 337. where he shall recover all or but the place wasted and what a Guardian shall loose 337. 338. what is good Bar in wast 338. It seems it doth not lie against Tenant by Elegit but Account but against a Guardian in Socage See 339. Suffer Land to over-grow with thorns is not but to drownd which is clay or Meadow made Arable it seems is 330. Falling by tempest where it was uncovered at the time of the Lease by Enemies aliâ—n is not 331. To suffer a house to be uncovered that the great timber rots 331 VVhere a Furnace â—ixed and where not 331 Repair before writ is no â—â—ste 331 He may cut Trees to repair where it is â—â—â—ayed and Keynes cut down and dead wood 332 â—utting those which have used to be cut within these twenty or sixteen years is not 333 Cutting VVillows within view Hasels under great Trees barking under-woods is 332 Cutting wrong-lands See cutting Keines 333 To eat the Springs cutting green wood where there is dead and white-thorn is 333 For what one shall be punished and for what not 332 VVhere it shall be which he holdeth and where which he did hold 335 Waters Fishing in the Sea and the Sea flowes and reflowes 46 Common fishing 45 Frank fishing 46 Several fishing and frank fishing 46 Waive If the Owner make fresh Suit and brings Appeal and now upon Indictment 80 Watch. Of time and what persons 97 wines 39. Wreck of the Sea He may have that by prescription 24 See fresh victuals 24 what is wreck and what not 24 Villainage How that begun and villaine Executor and where sale before seisure 326. VVhere he is infranchised for a time and where for ever 327. Lord or villaine is Plaintiff makes Attorney or sues Recordare is not enfranchised 328. Perquesite how the Less and how the person shall have 328. Lord and Villaine vouch or Imparle or is made Knight it is an infranchisement and to be of a Jury is infranchisement 328. Enfeoff his Villaine makes obligation Lease is 328. See Surrender View Where the first writ abates he shall have in the second and where not 417. VVhere shee is outed in Dower and where not 417. See Dum fuit infra aetatem and Non compos mentis 518. In Assise Attaint Quod ei deforceat Entry in the Quibus he shall not have 418. In Assise of Nusance Curia claudenda Cum in vita Quod permittat Admeasurement he shall have 419. In Assise of an Office he shall have 420. Unques prist If he saith yet ready he ought to tender to the Court or to say that it is so heavy that he cannot bring it with him 485 Dower where the Tenant is essoyned he is not estopped to say yet ready 486 Debt at the Distringas if he cometh he is not estopped otherwise it is in Annuity 485 486 After Imparlance he shall not say yet ready 486 VVhere he shall say Ready at the place 486 VVhere it is collateral he shall not say yet ready but that he tendered at the place 48 76 487 VVhere it is of a thing within he shall say yet ready and without not 487 THE TABLE TO THE RETURN of Writs A. ACcedas ad Curiam fol. 510. Account 517. Adigas ad curiam 511. Adjournment 546. Allocat Com. 526. Amendment 558. Appearance 558. Appeal 513. Assise nonet disseisin 534. Pro som Ass 643. Attachment 513. 558. Attaint 530. Authority of the Sheriffe 557. Averment 559. 557. Averra elongata 523. Averra elongata sur 2 deliverance 523. C. Capias in Debt or Trespasse 513. 519. Capias utlagatnm 518. Capias in manus c. 553. Caâ—as tam Corpus quam terram 552. Cepi corpus 515. Cepi corpus out of the Exchequer 552. Certiorare 550. Certiorare sur protection 546 Certiorare by the Coroners 550. Certificate of the Mayor of the Cities 552. Certificate of the security of the peace 551. Cessavit perbiennium 551. Clericus non habens Laicnm feodum 562. Commission 551. Condition upon Replevin 524. Counterfeit money 517 Corpus cum causa habeas corpora and many returns upon that 517. For defect com 526. For defect of Coroners 5.26 for election of Coroners 549. Pannel de circumstantibus 531. D. Decies tantum 551. Dedimus potestatem 551. Deliberatis Sesines 541. 540. Deliverance in County 523. Det ubi pars nibil habet 521. Distresse 531. Distringas Juratores 532. Distringas vers Clericum 532. Distringas vers Executores 532. Distringas post pone 531. Exitus in Scaccario sur Distringas 554. Dower 535. E. Ejectione firma 513. Elegit 540. Electio Coronatorum 549 Electio militum Parl. Electio Burgensium Parl. 545. Electio Viridarii 563. Inquest 563. Inquire of dammages 563. Scire facias vers Executores 556. Distring as vers Executores 536. Excommengement 516. Exigen and divers returns upon that 525. Exitus 529. Exitus sur Distringas 529. Extent 540. F. Falso judicio 512. Favor of the Sheriffe 532. False return 557. Felonies 517. Feme waviata 527. Fieri facias divers times 537. Som. in Foresta 549. Viridarius in Foresta 549. G. Grand Cape 535. H. Habeas corpus divers returns of that 515 516. Habeas corpus Juratorum in Debt 530. Habeas corpus in attaint 530. Aliter in the Chancery 541. Habere facias Sesinam 542 Habere facias visum 524. Homine replegiando 524. Plaint in Court Hundred 511. I. Incertain and where not 595. K. Kalendarum pro Sess 544. L. Languidus sur Capias 515. Languidus sur redd se sur exigent 528. Languidus sur Felony 515. Latitat 514. Levare facias 539. Liberty 514. London 567. M. Mandavi Bailivo Libertatis 514. Pro ordine militis recipiend 546. Pro summum militum Parliamenti 545. pro electione militum Parliamenti 545. Mortui sunt 527. 568. S. Mort. sur Exigent 514. Murder 517. N. Ne exeat Regnum 548. Nihil 539. 540. 552 Non omittas 556 Nomme del Vicount 556. Nullus vemt pro querente 571. O. Ordinum militum recipiend 546. Original in Debt or Trespasse 512. 513. P. Pannel 530. 531. Partitione facienda Paâ—l 543. Part serve peâ—le Viscount 571. Pledges 571. Pluries Repleg 524. Pone sue Repleg 598. Pone in Debt oâ— Trespasse 509. Posse comitatus 572. Precipe second deliverance 523. Premunire 548. Proclamation sur exigent 525. Proclamation pro Regina 546. Certiorare sur protection Q. Quare impedit 572. Quis est tenens 554. Quo warrant 551. Quo jure 537. R. Re fa lo. 509. Recordo deliberando 572. Reddidit se sur exigent 527. Regula 518. Replegiare 522. Rescous 520. Re-seisure 523. 575. Restitutio sur Fieri facias 539. Returno habendo 522. S. Sanctuarie 514. Scire facias Mults Returns de cer 336 556. 573. Second deliverance 523. Certificate securitatis pacis 533. Seisin 541. Speciall Return 575. Supersedeas sur capias 515. Supersedeas post cepi corpus 515. Supersedeas sur Exigent 527. Supersedeas sur Fieri facias 539. Supplicavit 558. 547. Sum Militis 536. Sum. Ass 43. Sum. sessions 544. Sum in Foresta 549. Sum. in terra petita 73 Tales de circumstantibus 531. Tarde sur Distringas 53â— Tarde sur Distringas Juratores 532. Tarde sur capias 53â— Test nuper Vicecom 550. Testatum 525. Treason 518. Treâ— passe 516. 536 V. Venditioni exponend 555. Venire facias 529. 554. Venin facias hor. de Exchequer in office of the Coroner 554. Viscount 577. View 541. Viridario eligendo 549. Visnet 576. Utlag su exigent 518. 529 W. West 542. 575. Withernam 525 FINIS
present that Tho. J. and Wil. J. Scavengers default are Scavengers of the streets and ought to be here at the view of the frank pledge and made default therefore either of them in the mercy six pence Also present upon their Oath that the twentieth day of May Estrayes in the yeare of the Reigne of our Lady Queen Elizabeth now the twenty first came into this Lordship one Horse colour gray as a stray and remained in custody ten daies after Proclamation Also present that there is a Colt colour bay of the age of foure yeares or more which came into this Lordship as a stray the ninth day of September the year of the Reign of our soveraigne Lady the Queen the twentieth price twenty foure shillings and stayed in the custody of the Bailiff by the space of a yeare and a day after three Proclamations at three severall daies made according to the form of the Statute therefore the property of that Colt is in the Lord. Also present that W. M. twelve pence and R. B. twelve pence are common Bakers of mans Bread Bakers and at diverse times have baked unwholsome Bread c. Have broke the Assise therefore each of them is in the mercy as it appeares upon their heads Also present that Richard W. and J. D. are common Brewers of Drink Brewers and brewed diverse times unwholsome Drink and broke the Assise therefore each of them in the mercy as it appreares upon their Heads Also present that E. W. and W. X. by their Wives are common sellers of Drink Alehouse keepers and by unlawfull Measures sell their Drink and break the Assise therefore each of them in the mercy as it appeareth upon their Heads First It is ordained that R. B. shall make and scowre his Ditch at the foot of the great hill Paine set containing by estimation twenty perches before the feast of Saint John Baptist next comming upon the paine of every perch thereof eight pence Also it is ordained that T. M. shall reforme and lay Punishment out a certain parcel of Land lately by him incroached between Wash lane and Perham Rye common before the Feast of All Saints next coming under the paine of every Perch not reformed and laid out twenty pence Also it is ordained that none shall suffer his Beasts that is to say Pain Oxen or Kine to go and passe upon the common of this Lordship nor in the Lanes to the said Mannor belonging upon pain of forfeiting to the Lord for every one of them for every time two pence Also it is ordained that W. J. shall remove his Dunghill lying by the Queens high way against his House Pain before the feast of Easter next upon the paine of forfeiture ten shillings Also it is ordained that J. F. Pain shall make and maintaine a Bridge in his Close called great Colemans in the way leading from Islington to Hogsden upon the pain of forfeiting to the Lord ten shillings Also it is ordained that every one yoke o◠ring his Hogs before the Feast of S. Michael the Archangell next and the same keep so yoked and ringed till the Feast of S. John the Baptist then next following upon the paine of forfeiting to the Lord for every Hogge for every week three shillings six pence The end of the Court Leet The manner of keeping a Court Baron The Court of R.F.C. there held the Tuesday that is to say Prebend the 14. day of May the yeare of the Reigne of Queen of Isling Elizabeth by the Grace of God of England France ton and Ireland Defender of the Faith c. 26. held by I.K. the Steward IS I.D. R.R.R. Essoyned of Common Essoyne or Essoyned for the Suit of Court by R.R. John Doo  Robert Dodge Richard Roo  Thomas Lodge The Homage John Den Sworn Adam Clarke Richard Fenn  David Parke Walter Helen  Henry Roo Robert Allen.  William Croo. First after the stile of the Court is entered you shall make once O Yes and then call the Suitors and after that another O Yes shall be made and then the Steward shall say If any will be Essoyned or enter any Plaint come you in and you shall be heard And after your Essoyne entred and your Plaint determined then impannell your Jury and swear them And after the Enquest is impannelled and sworn make another O Yes and then you shall say You good men which be impannelled come neare and you and all other keep silence during your Charge An exhortation to the Jury YOu good men which are sworne before that I enter to give to you the Charge I intend to shew to you by what Authority you are assembled and for what purpose First you ought to consider that there are three causes of your meeting 1. One cause is for that you be resident and dwelling within the Precinct of the Leet here to be held and for that you ought to appeare 2. The second cause is for that some of you hold Land of the Lord of this Mannour some as Free-holders some as Copy-holders and by reason of some of your Tenures you ought to make Suit to the Court Baron of your Lord from three weeks to three weeks if this Court be so warned 3. The third is you may here learn the Lawes to know what thing to follow and what to avoid by which that which is good may be the better followed and ill things the better be avoided being presented by you and punished and for that that every one may live and injoy that which he hath with quietnesse and the Common-wealth may flourish and vertue abound and then for that you may better inquire and present I have ministred to you a corporall Oath which I counsell you to consider and the parts of that which are three that is to say Truth Judgement and Justice Truth that you shall present nothing but truly and that you shall not omit any thing of the truth not presented With Judgement that you shall present all things with good advisement and that you shall not be negligent to inquire out the truth in all matters to be presented With Justice that you shall not for favour nor for corruption of reward nor for feare nor for displeasure nor for private hurt or profit which may come to your selves nor for malice that you present any thing And these three principall things you ought well to regard in your Oath And at the last note that you run not into wilfull perjury which if you do you condemne your souls and provoke the anger of God and get punishment to your selves and your posterities in this world and you get to you the torments of the Devill and hell after this life for ever But if you keep well your Oath you obtaine by that great profit and commodity for by that wrong shall be redressed peace and tranquility shall be maintained and right and publike good